BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 2071
          Author:   Levine (D), et al.
          Amended:  6/30/14 in Senate
          Vote:     21

           
           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  6-0, 6/25/14
          AYES: Hill, Gaines, Hancock, Jackson, Leno, Pavley
          NO VOTE RECORDED: Fuller

           SENATE APPROPRIATIONS COMMITTEE  :  5-0, 8/14/14
          AYES: De León, Hill, Lara, Padilla, Steinberg
          NO VOTE RECORDED: Walters, Gaines

           ASSEMBLY FLOOR  :  78-0, 5/28/14 - See last page for vote


           SUBJECT  :    Recycled water:  pasture animals

           SOURCE  :     Author


           DIGEST  :    This bill requires the State Water Resources Control  
          Board (Board) to determine whether it is safe for public and  
          animal health to use disinfected tertiary treated recycled water  
          for the purpose of providing water to pasture animals, excluding  
          certain dairy animals, and to establish uniform statewide  
          recycling criteria for this use to mitigate any safety concerns.

           ANALYSIS  :    Existing law:

          1.Establishes criteria for the drinking water supply for  
            livestock, and requires that the water supply for dairy areas  
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            must meet the drinking water standards.

          2.Defines "disinfected tertiary treated recycled water" based on  
            how the wastewater is disinfected and the residual amount of  
            coliform bacteria.

          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.  Transfers these duties to the Board.

          This bill:

          1.Requires, by December 31, 2016, the Board, in consultation  
            with impacted state agencies, to determine whether the use of  
            disinfected tertiary treated recycled water for pasture  
            animals is safe for public and animal health.  In making this  
            determination, the Board will be required to consider  
            recommendations from the existing Advisory Panel on  
            Constituents of Emerging Concerns in Recycled Water,  
            state-funded research on water-recycling, and research by the  
            Board relating to unregulated pollutants.

          2.Requires the Board, if the Board determines that there will be  
            harm to public or animal health, to establish uniform  
            statewide recycling criteria for the use of disinfected  
            tertiary recycled water for pasture animals.  If the Board  
            determines that there will be no harm to public or animal  
            health, it will be authorized to approve the use of  
            disinfected tertiary treated recycled water for the purpose of  
            providing water to pasture animals.

           Background

          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 Board  
          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."

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          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  
          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.

           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.
           
          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  
          Board 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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    

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          Local:  No

          According to the Senate Appropriations Committee:

           One-time costs of up to $300,000 from the General Fund for an  
            expert panel.

           Ongoing costs of $260,000 to the General Fund to the board to  
            either establish uniform state wide recycling criteria or to  
            develop then administer a permit to approve the use of  
            recycled water for pasture animals.

           Unknown potential research costs from the General Fund if the  
            board has insufficient existing information to make the  
            determination on whether the use of recycled water for pasture  
            animals is safe or not.

           SUPPORT :   (Verified  8/15/14)

          California Association of Sanitation Agencies
          California Farm Bureau Federation
          California Water Agencies
          Marin County Farm Bureau
          Sonoma County Farm Bureau

           ARGUMENTS IN SUPPORT  :    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."

           ASSEMBLY FLOOR  :  78-0, 5/28/14
          AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  
            Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,  
            Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden,  
            Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,  

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            Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,  
            Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A.  
            Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,  
            Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
          NO VOTE RECORDED: Frazier, Vacancy


          RM:nl  8/16/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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