BILL ANALYSIS Ó AB 2071 SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator Jerry Hill, Chair 2013-2014 Regular Session BILL NO: AB 2071 AUTHOR: Levine AMENDED: June 5, 2014 FISCAL: Yes HEARING DATE: June 25, 2014 URGENCY: No CONSULTANT: Karen Morrison SUBJECT : RECYCLED WATER: PASTURE ANIMALS SUMMARY : Existing law : 1) Establishes criteria for the drinking water supply for livestock, and requires that the water supply for dairy areas must meet the drinking water standards (Food and Agriculture Code §§33515 and 33516). 2) Defines "disinfected tertiary treated recycled water" based on how the wastewater is disinfected and the residual amount of coliform bacteria (22 CCR §60301.230). 3) Requires the Department of Public Health (DPH) to establish uniform statewide recycling criteria for each type of use of recycled water where the use involves the protection of public health (WAT §13521). This bill : 1) Requires DPH, in consultation with impacted state agencies, to determine if the use of tertiary treated recycled water as drinking water for pasture animals would be safe for public and animal health by December 31, 2016. a) If DPH determines that the use would cause harm, requires DPH to establish "uniform statewide recycling criteria" for the purpose of providing tertiary treated recycled water to pasture animals. These criteria would be developed under the administrative regulations and rulemaking process. AB 2071 Page 2 b) If DPH determines that the use would not cause harm, allows DPH to approve the use of tertiary treated recycled water for pasture animals. 2) Specifies resources DPH must consider in making its evaluation. 3) Prohibits the use of disinfected tertiary treated recycled water for dairy animal producing for human consumption. COMMENTS : 1) Purpose of Bill . According to the author, this bill seeks "to determine under what conditions recycled water can safely be used by livestock and to create a clear process by which that water can be used for livestock. The problem is that existing law is silent on the ability to use recycled water for direct livestock use. While this technically means that it could be used, it is not clear how that could occur. The bill would make clear that use of the highest purity recycled water can be used for livestock drinking as long as it is safe for the public." 2) Recycled water . In the context of California's historic drought, the safe use of recycled water is an important consideration for augmenting the state's general water supply. Recycled water generally refers to tertiary treated waste water that is filtered and chemically processed to disinfect the water and remove bacteria. As of 2010, California recycled approximately 650,000 acre-feet of water per year. The State Water Resources Control Board (SWRCB) has found that recycled water is safe for approved uses and "strongly supports recycled water as a safe alternative to potable water for such approved uses." In 2010, California passed legislation (SB 918, Pavley, Chapter 700) requiring DPH to adopt uniform water recycling criteria for groundwater recharge by December 31, 2013, and for surface water augmentation by December 31, 2016 if the criteria adequately protect public health. Currently, most of California's recycled water is used for AB 2071 Page 3 landscaping and irrigation, and replenishing groundwater aquifers. In Orange County, recycled water has been incorporating tertiary treated recycled water into its drinking supply since 2008. 3) Livestock use of recycled water . Recycled water has been used for livestock in arid regions, including Arizona and Australia, for up to a decade in order to provide or supplement other drinking water supplies. In February 2014, a panel of experts was convened by the WateReuse Association to evaluate the use of recycled water for livestock from an animal and human health standpoint. Their findings were summarized in the report "Risks and Benefits of Tertiary Sewage Effluent as Drinking Water for Livestock in California." One of the key concerns identified by the panel was the presence of various pathogens and contaminants following the treatment procedure. Although the panel found that some contaminants would likely be present, "in this emergency situation [of finding safe drinking water], the overall benefits of feeding tertiary drinking water to livestock outweigh the risks." The panel suggested that monitoring would be an important factor in implementing a recycled water program, and that additional ongoing research and study is necessary. 4) Chemicals of emerging concern . One challenge in developing recycled water policy is how to address new classes of chemicals, known as chemicals of emerging concern (CECs), that may enter the environment and appear in recycled water. The SWRCB has established a Science Advisory Panel to provide guidance for developing monitoring programs for CECs. The panel has already identified priority CECs for recycled water used to recharge groundwater aquifers and is continuing to evaluate and monitor new CECs. 5) Recommended amendments . The bill describes three sources of materials for evaluating the use of disinfected tertiary treated recycled water for pasture animals. However, it is not clear if DPH may use other materials in considering the topic. An amendment is needed to specify that these sources are a AB 2071 Page 4 minimum requirement for consideration. SOURCE : Author SUPPORT : California Association of Sanitation Agencies California Farm Bureau Federation Marin County Farm Bureau Sonoma County Farm Bureau OPPOSITION : None on file