BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2071
                                                                  Page  1

          Date of Hearing:   April 8, 2014

                   ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
                                Anthony Rendon, Chair
                 AB 2071 (Levine) - As Introduced:  February 20, 2014
           
          SUBJECT  :   Recycled water: pasture animals

           SUMMARY  :   Requires, prior to January 1, 2016, that the State  
          Department of Public Health (DPH) approve the use of tertiary  
          treated recycled water for watering pasture animals unless it  
          determines that such use would harm public health.  In the  
          latter event, DPH is required to establish uniform statewide  
          recycling criteria for that use.

           EXISTING LAW:

           1)Requires that the water supply for a milk house or room and  
            dairy barn shall be of a safe and sanity quality and that the  
            bacterial quality shall conform to public drinking water  
            standards.

          2)Requires that for dairy farms the water supply for drinking by  
            livestock shall not be stagnant, polluted with manure, urine  
            drainage, decaying vegetable or animal matter, or pathogenic  
            bacteria of any source.

          3)Specifies that tertiary-treated recycled water is wastewater  
            that has been filtered and subsequently disinfected and meets  
            stringent requirements for bacterial content.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   This bill would allow tertiary-treated recycled  
          water to be used to water pasture animals unless DPH finds it is  
          unsafe. Currently, there do not appear to be regulations  
          pertaining to its use for this purpose.  So, some water provider  
          have interpreted that to mean the practice is allowed and in  
          fact it has been used in some parts of California.  Recycled  
          water is also used to water pasture animals in Arizona and  
          Australia. 

          In response to water shortages due to the drought emergency, the  
          WateReuse Association facilitated a convening of experts on  
          pathogens in manure and wastewater and contaminants in recycled  








                                                                  AB 2071
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          water to consider tertiary-treated recycled water as an  
          alternate source of drinking water for pasture animals. In an  
          opinion paper entitled Risks and Benefits of Tertiary Sewage  
          Effluent as Drinking Water for Livestock in California those  
          experts considered whether tertiary-treated recycled water  
          presented an elevated or unacceptable level of risk relative to  
          other available livestock watering sources. Their conclusion was  
          that using tertiary-treated recycled water as a temporary water  
          source during a drought emergency was a minimal risk in almost  
          all cases and certainly a better alternative than losing animals  
          due to lack of water.  As a permanent water source they opined  
          tertiary-treated recycled water might warrant additional  
          monitoring and concluded that advanced means of mitigation such  
          as activated carbon filters or implementing reverse osmosis or  
          advanced oxidation would be ideal but might be expensive and  
          labor intensive. The experts also recognized that animals may  
          have potentially similar or higher exposures to estrogens and  
          other contaminants from drinking water in streams and ponds  
          where animals have defecated and urinated. 

           Supporting arguments  :  The author states this bill is needed  
          because unprecedented drought conditions are creating enormous  
          pressure on limited water resources and because there is  
          uncertainty about the use of, and possibly a challenging  
          regulatory process to use, tertiary treated recycled water for  
          livestock watering. The author maintains that this bill will  
          ensure that there is a health standard for the use tertiary  
          recycled water for livestock watering and that, moreover, the  
          steps necessary to use this resource will be made clear.   
          Supporters state that this bill is welcome legislation that  
          should clarify many ambiguities associated with the safe use of  
          tertiary-treated recycled water for livestock.  Other supporters  
          state that as California attempts to grapple with the worst  
          drought in modern history, the Legislature needs to encourage  
          additional avenues for the use of recycled water, particularly  
          where such use might displace the use of potable water supplies.

          Moving forward the author may wish to consider prohibiting the  
          use of tertiary-treated recycled water for dairy cattle unless  
          such water has been treated with advanced mitigation techniques  
          except in cases of drought emergency.  Current law creates a  
          higher standard for water provided to dairy cattle because of  
          the potential for contaminants to move more directly between the  
          environment and the product for human consumption created by the  
          animal.  At the very least additional scientific inquiry may be  








                                                                  AB 2071
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          warranted.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Association of Sanitation Agencies
          Sonoma County Farm Bureau

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Tina Cannon Leahy / W., P. & W. / (916)  
          319-2096