BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
1242 (Ruskin)
Hearing Date: 08/17/2009 Amended: 06/26/2009
Consultant: Brendan McCarthy Policy Vote: NR&W 7-3
AB 1242 (Ruskin)
Page 2
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BILL SUMMARY: This bill establishes in law a state policy that
all residents of the state have a right to clean, affordable,
and accessible drinking water. The bill directs relevant state
agencies to take reasonable steps to implement the policy.
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
Department of Public Health $165
$165General
review of regulations
State costs to ensure access Unknown Unknown
to drinking water
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense file.
Current law establishes a policy of the state that the use of
water for domestic purposes is the highest use of water under
the state's water rights system. In addition, the findings and
declarations included in AB 21 (Sher, 1989) declare that "every
citizen of California has the right to pure and safe drinking
water."
The Department of Public Health regulates domestic water systems
and also provides grant and loan funds to water system operators
for projects to protect, improve, and expand drinking water
supplies. The Department of Water Resources also provides a
variety of grant and bond funds to water supply systems for
projects that relate to drinking water supplies.
This bill establishes in the law the policy of the state that
"every human being has the right to clean, affordable, and
accessible water, that is adequate for the health and well-being
of the individual and the family." The bill requires that state
agencies, including the Department of Public Health, the
Department of Water Resources, and the State Water Resources
Control Board, employ all reasonable means to implement the
AB 1242 (Ruskin)
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policy. Actions to implement the bill could include revising,
adopting, or establishing policies, regulations, and grant
criteria to further the policy. The bill specifies that it only
applies to water supplies for individuals, not for new
development. The bill also directs that implementation of the
bill shall not infringe on the rights or responsibilities of any
public water system.
The Department of Public Health indicates that it will need
additional staff to review and potentially revise existing grant
guidelines or regulations, as required under the bill. The
Department of Water Resources and the State Water Resources
Control Board indicate that their costs to implement the bill
can be absorbed within existing resources.
It is possible that the bill's provisions could be interpreted
by a court as creating an enforceable right, such that the state
would be required to ensure that individuals have access to
clean drinking water at the state's expense. The likelihood of
such a decision is unknown.