BILL ANALYSIS
AB 1242
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Date of Hearing: May 20, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1242 (Ruskin) - As Amended: May 4, 2009
Policy Committee: WPW Vote:9-3
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill declares it state policy that every human being has
the right to clean, affordable, and accessible water on an
equitable basis, that is adequate for the health and well-being
of the individual and family. The bill directs state agencies
to employ all reasonable means to implement this policy and to
revise, adopt, or establish policies, regulations, and grant
criteria to further the policy.
FISCAL EFFECT
Negligible fiscal effect, if any. It is unclear how this bill
might affect the actions of any state agencies or their future
spending and funding decisions.
COMMENTS
1)Rationale. Last year, the author held a hearing on drinking
water supplies in which representatives of several communities
described those communities' lack of clean drinking water. As
part of that hearing, the author realized that state law does
not explicitly assert the human right to clean, drinking
water. The authors finds it important that state law,
consistent with findings by the United Nations, affirm the
human right to clean, affordable, accessible water.
2)Background . This bill clarifies a long-established state
policy favoring domestic use, to apply to 21st century
conditions. Water Code Section 106, which declares domestic
use as the "highest use" of water, originated in California's
1913 adoption of its first statutory/administrative water
rights system. In the same era, western states, which were
AB 1242
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arid and eligible for development of federal irrigation
projects by the Bureau of Reclamation, adopted similar
statutory water rights schemes, which usually included a
similar policy. This common western state policy reflected a
public priority for taking care of human needs, ahead of
irrigation needs for water, as western states grew and
developed with the help of federal irrigation projects. Utah,
however, repealed its domestic use priority statute last year.
3)Support. This bill is supported by numerous groups
representing environmental and human rights concerns. There is
no registered opposition to this bill.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081