Legal Alerts

Legal Implications of AB 685 are Largely Uncertain

Governor Brown signed into law this week Assembly Bill 685, commonly known as the Human Right to Water Bill, which amends the State Water Code. Authored by Assemblyman Mike Eng (D-Alhambra), AB 685 establishes a state policy effective January 1, 2013 that every Californian has a human right to safe, clean, affordable and accessible drinking water. Although the Bill is brief, it will require careful consideration by public agencies because its legal implications are largely uncertain. For instance, AB 685 requires that water be “affordable” but does not specify what that means. Such ambiguity is almost certain to result in litigation absent further clarifying legislation.

AB 685 also requires certain state agencies, including the Department of Water Resources, the State Water Resources Control Board and the State Department of Public Health, to consider this state policy when adopting policies and regulations. However, this state policy does not appear to apply to water supplies for new development and does not require the state to provide water beyond its current existing obligations. Finally, AB 685 provides that these provisions “shall not infringe on the rights or responsibilities of any public water system.” What that phrase means is uncertain, but it could be seen to make the Bill itself moot, given the fact that all public water systems have the right and responsibility to set their water rates.

BB&K will be more thoroughly analyzing the new law and assessing its impact on our clients. If you have any specific questions about AB 685 that you would like us to address, please contact your BB&K attorney, Michael Riddell in the Special Districts practice group or Lucas Quass in the Environmental Law & Natural Resources practice group.