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HomeMy WebLinkAboutAgenda Packet - Legislative & Public Outreach Committee - 09/03/2009East Valley Water District LEGISLATIVE COMMITTEE Date: September 3, 2009 Time: 1'8:00 a.m. Place: 3654 E. Highland Ave, Suite 12 Highland, CA 92346 AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE 1. Public Comments. 2. Review and discussion regarding State and Federal Legislative matters. ADJOURN Pursuant to Government Code Section 54954.2(a), any request for a disability - related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above - agendized public meeting should be directed to the District's Administrative Manager at (909) 885 -4900 at least 72 hours prior to said meeting. AMENDED IN SENATE NNE 26, 2009 AMENDED IN ASSEMBLY MAY 4, 2009 AMENDED IN ASSEMBLY APRIL 2, 2009 CALIFORNIA LEGISLATURE - 2009 -10 REGULAR SESSION ASSEMBLY BILL No. 1242 Introduced by Assembly Member Ruskin February 27, 2009 An act to add Section 106.3 to the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGEST AB 1242, as amended, Ruskin. State water policy. Existing law establishes various state water policies, including the policy that the use of water for domestic purposes is the highest use of water. This bill would declare that it is the established policy of the state 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 would require all relevant state agencies, including the Department of Water Resources, State Water Resources Control Board, and State Department of Public Health, to emp loy all reasonable means to implement this state policy. Those state agencies would be required to revise, adopt, or establish policies, regulations, and grant criteria to further this state policy. Vote: majority. Appropriation: no. Fiscal committee: yes. State- mandated local program: no. a AB 1242 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2— The people of the State of California do enact as follows: SECTION 1. Section 106.3 is added to the Water Code, to read: 106.3. (a) It is hereby declared to be the established policy of the state that every human being has the right to clean, affordable, and accessible water on n equitablebasis, that isadequate forthe health and well -being of the individual and family. b) Reale —All relevant state agencies, including the department, the state board, and the State Department of Public Health, shall employ all reasonable means to implement this state policy. Those state agencies shall revise, adopt, or establish policies, regulations, and grant criteria to further this state poliey. The state ageneies, in detefmining affordability,, shall be eensisten dability by the 'Unite' States policy, including establishing affordability criteria as appropriate. c) This section shall apply to water supplies for individuals and not for new development. d) The implementation of this section shall not infringe on the rights or responsibilities of any publiely regtilated public water system. u 96 PILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 1242 (Ruskin) Hearing Date: 08/27/2009 Amended: 06/26/2009 Consultant: Brendan McCarthy Policy Vote: NR &W 7 -3 HILL 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. 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 STAFF COMMENTS: 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 AS 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 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. BILL ANALYSIS SENATE COMMITTEE ON NATURAL RESOURCES AND WATER Senator Fran Pavley, Chair 2009 -2010 Regular Session BILL NO: AB 1292 AUTFOR: Ruskin VERSION: June 26, 2009 DUAL, REFERRAL: No SUBJECT: State water policy. HEARING DATE: July 6, 2009 URGENCY: No CONSULTANT: Dennis O'Connor FISCAL: Yes BACKGROUND AND EXISTING LAW In 1913, the Legislature passed and the Governor signed the Water Commission Act (Stat. 1313, ch. 586). In addition to establishing a formal state process for appropriating surface water, the Water Commission Act established as state policy that domestic water use was a higher priority that other water uses. When California's water laws were codified in 1943, that policy was captured in Water Code Section 106, which states: It is hereby declared to be the established policy of this State that the use of water for domestic purposes is the highest use of water and that the next highest use is for irrigation." In 1989, the Legislature passed and the Governor signed the AB 21 (Sher). Among other things, that bill established in Health and Safety Code 116270 Legislative findings and declarations stating: a) Every citizen of California has the right to pure and safe drinking water." In November 2002, the UN Committee on Economic, Social and Cultural Rights adopted "General Comment No. 15: The Right to Water (arts. 11 and 12 of the International Covenant on Economic, Social and Cultural Rights)." In that comment, the Committee interpreted and provided guidelines regarding the right. to water pursuant to two articles of the 1966 International Covenant on Economic, Social and Cultural Rights. In its introduction, General Comment 15 affirms that: The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses." It notes that the right to water has been recognized in a wide range of international documents and reaffirms the fundamental importance of the right stating that: The human right to water is indispensable for leading a life in human dignity. It is a prerequisite for the realization of other human rights." As noted in a UN "Backgrounder" on the human right to water, While the General Comment is not legally binding on the 146 States that have ratified the International Covenant, it aims to assist and promote the implementation of the Covenant and does carry the weight and influence of 'soft law' ". PROPOSED LAW This bill would: Declare that the established policy of the state is 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 family. Require all relevant state agencies to employ all reasonable means to implement this state policy. Those state agencies would be further required to revise, adopt, or establish policies, regulations, and grant criteria to further this state policy, including establishing affordability criteria as appropriate. Apply to water supplies for individuals and not for new development. Establish that implementation of these provisions are not to infringe on the rights or responsibilities of any public water system. ARGUMENTS IN SUPPORT According to the author, "Access to clean, safe and affordable water is a fundamental human right essential to our health, the environment and the economy." "This bill simply ensures that future regulations, grant programs, and agency practices are designed to move California forward to a day when everyone in California can have safe, affordable drinking water so they may drink their water without endangering their health." Supporters generally describe problems with accessibility to clean or affordable water. These included drinking water quality problems such as excessive levels of nitrates, pesticides, industrial chemicals, and naturally occurring chemicals in high concentrations. As many supporters point out, a consequence of poor water quality is that many families, particularly in economically disadvantaged communities, are force to switch to much more expensive bottled water to meet their domestic water needs. ARGUMENTS IN OPPOSITION Opponents raise a number of issues, some of which might have been addressed by recent amendments. These issues include: Effect On Long Standing Water Policy - Current law already establishes that water for domestic purposes is the highest use of water. Moreover, these provisions have been well vetted in the courts. This bill appears to narrow the domestic preference to "human health and well being" towards an uncertain purpose or legal consequence. What is Affordable? - Current law does not allow water suppliers to discriminate with customer classes, and further requires that rates be related to the cost of service, thereby prohibiting them from creating "affordable" rates at the expense of other rate payers. Consequences of Affordability - Currently, when a customer is unable to pay their water bill the water agency eventually discontinues water service to the property. If, under this bill, the water agency is prohibited from discontinuing water service in such circumstances, other water customers will have to pay more to cover the costs of the non - paying customers. COMI MNTS Human Right Vs. Other Domestic priority for domestic water use California Water Law. However, domestic water encompasses more consumption and sanitation purp, Purposes, is a long the court that just ses. For As noted above, the standing policy in have determined that water for human example, under case 3 law, domestic purposes include the watering of barnyard animals, but not herds raised for profit. This bill appears to elevate, with the priority for domestic purposes, priority to water for the health and well -being of the individual and family above the priority for other domestic purposes. New Obligation On the State? This bill would declare in statute that "the established policy of the state is that every human being has the right to clean, affordable, and accessible water This bill further attempts to clarify that in establishing this new policy, the bill: Would limit state agency responsibilities to what is reasonable," Would not require any action to supply water for new development, and Would not impose new requirements or responsibilities on public water systems. Given the apparent limitations on implementing this policy, who would be responsible for ensuring that every human being's rights to water are being protected, and moreover, who would be responsible for redressing any violations of those rights? It is not out of the question that a court may find that it is the State of California's responsibility to redress any violations of that policy. Lifeline Vs. Tiered Rates. Some proponents note that because California Law does not require lifeline rates for water, there are some water providers whose rates are simply unaffordable to the economically disadvantaged. Some water agency associations retort that the requirements of Proposition 218 prevent them from discriminating among customers in the same class. These to observations are not necessarily irreconcilable. Last year the Legislature passed and the Governor signed AB 2882 Wolk). Among other things, that bill clarified under state law a mechanism compliant under Proposition 218 that would allow tiered water rates. The Irvine Ranch Water District's (IRWD) rate structure was the model for the bill. Under IRWD's structure, water in lowest tier rate is significantly less than the average rate. While such a rate structure may not always be possible, it could help address some of the affordability questions raised by this bill. What Is Affordable? As recently amended, this bill would require the state agencies required to implement this bill to, as a part of revising, adopting, or establishing policies, regulations, and grant criteria, to also establish affordability criteria "as appropriate." This would allow the definition of affordability to: Be developed through normal processes for establishing or revising regulations, etc. Allow the definition to vary from program to program, as conditions dictate. SUGGESTED AMENDMENTS: None SUPPORT Alliance for Democracy Breast Cancer Action California League of Conservation Voters California Nurses Association California Rural Legal Assistance Foundation California Teachers Association Californians for Pesticide Reform Catholic Charities, Diocese of Stockton Center for Environmental Health City of Visalia Clean Water Action Comite Civico Del Valle, Inc. Community Water Center Environmental Justice Coalition for Water Federation of Retired Union Members of Santa Clara County Food & Water Watch Fort Ord Environmental Justice Network, Inc. Friends of the River Goshen Mutual Water Company Green LA Coalition Urban Ecosystems Work Group Heal the Bay Henry T. Peres, Councilmember, District 7 La Asociacion de Genre Unida por el Agua League of Women voters of California Movement Generation Nat'.onal Nurses Organizing Committee Natural Resources Defense Council Pesticide Action Network North America Physicians for Social Responsibility /Sacramento Plainview Mutual Water Company Planning and Conservation League San Jerardo Cooperative, Inc. Sierra Club California Southern California Watershed Alliance The Women's Foundation of California Unitarian Universalist Legislative Ministry Action Network Unitarian Universalist Service Committee United Nations Conference on Environment and Development Urban Semillas West Goshen Mutual Water Company Winremem Wintu Tribe Women's International League for Peace and Freedom Hunc.reds of individuals OPPOSITION California Municipal Utilities Association Association of California Water Agencies Friant Water Authority VOTE YES ON AB 1242 [RUSKIN] —THE HUMAN RIGHT TO WATER Co-'Sponsors: Alliance for Democracy, Community Water Center, Environmental Justice Coalition for Water, Food and Water Watch, Unitarian Universalist Legislative Ministry Action Network - CA, Unitarian Universalist Service Committee, Urban Semillas Support: la Asociaci6n de Gente Unida por el Agua (AGUA), AGUA Youth, Breast Cancer Action, California League of Conservation Voters, California Nurses Association, California Rural Legal Assistance Foundation, California Teachers Association, Californians for Pesticide Reform, Catholic Charities - Stockton Diocese, Center for Environmental Health, Clean Water Action, Comit6 Civico Del Valle, Committee for a Better Alpaugh, Committee for a Better Seville, El Quinto Sol de America, Fort Ord Environmental Justice Network, Federation of Retired Union Members of Santa Clara County, Green LA Coalition, Movement Generations, Natural Resources Defense Council, Pacific Coast Federation of Fishermen's Associations, The Plainview Mutual Water Company, Pesticide Action Network North America, Physicians for Social Responsibility — LA, Planning and Conservation League, San Francisco City and County, San Jerardo Cooperative, Santa Clara FORUM, Sierra Club California, Southern California Watershed Alliance, 1.lnidos Para Cambio en Tooleville, Vecinos Unidos, West County Toxics Coalition, West Goshen Mutual Water Company, Wildcoast, Winnemem Wintu Tribe, The Women's Foundation of California, Women's International League for Peace and Freedom, several hundred individuals IN BRIEF lvfore than 150,000 California residents lack safe water for drinking, bathing, and washing dishes. Even more have water service disconnected becausa they cannot afford to pay their water bill. This legislation will establish the right of every human to have access to clean water for basic human needs as a State policy and instruct State agencies to conform their practices and programs to this policy. THE ISSUE More than 11.5 million Californians rely on water suppliers that faced at least one violation of State Drinking Water Standards. As many as 8.5 million of us rely on supplies that experienced more than five exceedences in a single year. In fat too many communities, whose sole water supply is contaminated, families unable to afford treatment are often left entirely without safe water. The Central Valley and Central Coast regions, where more than 90% of the communities rely solely on groundwater, are at particular risk. In. addition to public health threats, Californians are faced with rising water bills to treat contar aination and upgrade old infrastructure, which if neglected could even offset the benefits of treatment. California does not have a universal statewide lifeline water rate or allocation — similar to our lifeline rates for energy and phone service — so when costs become excessive, families cannot pay their bills and, thereby, they risk losing water service entirely. E_X_I_S:{'ING LAW_ Emitting Public Utilities Code Section 739.8 establishes "access to an adequate supply of healthful water [as] a basic necessity of human life, and shall be made available to all residents of California at an affordable cost" This statute applies to all water providers regulated by the California Public Utilities Commission. Dozens of state agencies have some regulatory authority over potable water availability and quality including the Department of Public Flealth, the State Water Resources Control Board, and the Department of Water Resources. For More information: Debbie Davis, EJCW (916)743.4406 or debbie(n).ciciv ono- Vern Goehring, Food and Water Watch (916)444 -8194 or vem @cal.net FIRST STEP SOLUTION AB 1242 creates a policy of the State that includes all State agencies, in addition to those agencies regulated by the PUC, that share responsibility for the quality and supply of potable water. By doing so we ensure that all agencies appreciate their role in ensuring that every person has access to clean, affordable water. Adding a provision to the Water Code explicitly stating that access to an amount of clean water necessary for basic human needs is a "right" of every Californian and instructing State agencies, dealing with water resources, to conform their programs and practices to this policy will pave the way to ensure that every Californian will someday be able to confidently fill a glass of water from their tap and serve it to their families. LONGER TERM SOLUTION By setting a clear priority on providing clean affordable water for basic human needs, the Legislature will unmistakably focus State efforts on closing the existing gap that persists between protecting drinking water and ensuring all residents have a sufficient supply of clean hater so as to sustain healthy living. In addition, this bill will help identify and generate solutions to hurdles that frustrate the provision of clean drinking water to all people, including: Lack of long -term monitoring of drinking water quality. Apparent conflict between the State's interest in ensuring public health and the view that ground water is a local issue. Inadequate understanding of the trade -offs and integration in decisions regarding ground water and surface water. Gaps in regulating the quality of ground water used largely for drinking and other personal uses. Inability of some communities to be self - sufficient in providing dean water due to inadequate financial resources and inappropriate allocation of costs. Need to ensure maximum value from the allocation and use of existing and future funding. Inappropriate allocation of costs to ensure a reliable supply of clean drinking water to meet everyone's basic health needs.