CHAPTER _______

An act to add Section 13521.1 to the Water Code, relating to recycled water.

LEGISLATIVE COUNSEL’S DIGEST

AB 2071, Levine. Recycled water: animals.

Existing law requires the State Water Resources Control Board to establish uniform statewide recycling criteria for each varying type of use of recycled water where the use involves the protection of public health.

This bill would require, by December 31, 2016, the state board, in consultation with impacted state agencies, to determine whether the use of disinfected tertiary treated recycled water for the purpose of providing water to animals, as defined, would not pose a significant risk to public and animal health. This bill would require the state board to establish uniform statewide recycling criteria for the use of recycled water for the purpose of providing water to animals if the state board determines that the use of disinfected tertiary treated recycled water for this purpose would pose a significant risk to public or animal health. The bill would authorize the state board to approve the use of disinfected tertiary treated recycled water for this purpose if the state board determines that its use would not pose a significant risk to public or animal health but would prohibit the use of disinfected tertiary treated recycled water in the water supply for dairy animals that are currently producing dairy products for human consumption.

The people of the State of California do enact as follows:

SECTION 1.  

Section 13521.1 is added to the Water Code, to read:

13521.1.  

(a) By December 31, 2016, the state board, in consultation with impacted state agencies, shall determine whether the use of disinfected tertiary treated recycled water, as defined by Section 60301.230 of Title 22 of the California Code of Regulations, for the purpose of providing water to animals, would not pose a significant risk to public and animal health. If the state board determines that the use of disinfected tertiary treated recycled water for the purpose of providing water to animals would pose a significant risk to public or animal health, the state board shall establish uniform statewide recycling criteria for the use of disinfected tertiary treated recycled water for the purpose of providing water to animals. Except as provided in subdivision (c), if the state board determines that the use of disinfected tertiary treated recycled water for the purpose of providing water to animals would not pose a significant risk to public or animal health, the state board may approve the use of disinfected tertiary treated recycled water for these purposes.

(b) In evaluating the use of disinfected tertiary treated recycled water for the purpose of providing water to animals, the state board shall consider, at minimum, all of the following:

(1) Recommendations from the existing Advisory Panel on Constituents of Emerging Concerns in Recycled Water.

(2) State-funded research performed pursuant to Section 79144 and subdivision (b) of Section 79145.

(3) Research by the state board relating to unregulated pollutants.

(c) Disinfected tertiary treated recycled water shall not be used in the water supply for dairy animals that are currently producing dairy products for human consumption.

(d) A person shall not be required to use disinfected tertiary treated recycled water for the purposes described in this section.

(e) The adoption of uniform statewide recycling criteria pursuant to this section shall be subject to the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(f) For purposes of this section, “animal” includes any domesticated bird, bovine animal, horse, mule, burro, sheep, goat, or swine.

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