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.









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              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  









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              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  









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              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