Right to a healthy environment 1.—Everyone has the right to live in a healthy environment and to have access to basic public services”. The lack of resources does not justify the non-fulfillment of the duties of public administrations in the provision of this basic service. (CONSTITUTIONAL CHAMBER, resolutions 2003-04654 and 2004-007779).
VI.That in the year 2010, the Human Right to water and to sanitation was recognized also by the General Assembly of the United Nations, in its Resolution 64/292 and by the Human Rights Council, in its Resolution 15/9.
VII.That the doctrine that derives from the rulings of the Constitutional Chamber and from International Law, imposes on the Costa Rican State the duty to comply in a progressive manner and without any discrimination, with the supply of water, in sufficient quantity, physically accessible, safe and acceptable for domestic and personal use.
VIII.That Affordability is one of the fundamental principles that constitute the basic structure of the human right to water and to sanitation, the latter understood as wastewater collection and treatment services; in this sense, access to these services must not limit the capacity to pay for other essential needs guaranteed by other human rights, such as food, housing, and health care.
On the concept of affordability, the former United Nations Special Rapporteur for the Human Right to Water and Sanitation, Ms. Catarina de Albuquerque, has mentioned:
“For example, with regard to the affordability of services, States, among other measures, must design a tariff structure that takes into account the needs of all persons, including those living in poverty; designate an institution in charge of setting tariffs, regulating service providers and monitoring their affordability; adopt supplementary social policies, in case of need; address the operation and maintenance as well as connection costs, if the supply is provided in a network, but also individual contributions for other types of services; and set standards and safeguards for the disconnection of service in case of non-payment.” (Report of the Special Rapporteur Catarina de Albuquerque before the 18th session of the United Nations Human Rights Council).
IX.That the Presidential Economic Council in session No. 48 of the year 2015, heard and endorsed the Tariff Policy for operators of potable water and sanitation systems, called: “Universalization of the public services of Potable Water and Sanitation (Wastewater Collection and Treatment)”.
X.That through official communication DM-0185-2016, the Minister of Environment and Energy, as head of the Water and Sanitation Sector, provided the respective endorsement to the Tariff Policy for operators of potable water and sanitation systems.
XI.That the Organic Regulation of the Executive Branch, Executive Decree 38536-MP-PLAN of July 25, 2014, establishes the sectoral organization of the Executive Branch understood as a grouping of centralized and decentralized public institutions with related and complementary actions among themselves in areas of public activity, governed by a Rector Minister established with the purpose of imparting a greater degree of coordination, effectiveness and efficiency in the Public Administration.
XII.That according to said Organic Regulation, one of the aforementioned sectors is the Environment, Energy, Seas and Land-Use Planning Sector, which is under the stewardship of the Minister of Environment and Energy. Stewardship being understood as the power that the President of the Republic has in conjunction with the minister of the branch to coordinate, articulate and direct the activities of each sector and ensure that these are fulfilled in accordance with the orientations of the PND. Said Sector is composed of the Ministry of Environment and Energy (MINAE), the Costa Rican Institute of Aqueducts and Sewers (AyA), among others.
XIII.That within the responsibilities granted to the rector minister, according to the aforementioned decree, corresponds to directing and coordinating the respective sector with the purpose of constructing the National Sectoral Plan, the policies, plans, programs, projects and studies related to its sector linked to the PND.
XIV.That the Law of the Regulatory Authority of Public Services (ARESEP) No. 7593 of August 9, 1996, in its first article establishes the autonomy of ARESEP, however, the second paragraph of said numeral clarifies that “...the Regulatory Authority shall not be subject to the guidelines of the Executive Branch in the fulfillment of the powers granted to it in this Law; nevertheless, it shall be subject to the National Development Plan, to the corresponding sectoral plans and to the sectoral policies dictated by the Executive Branch.”
XV.That for the foregoing, the following Sectoral Tariff Policy is made official, which must be incorporated and used as a foundation in the design of the tariff methodologies of the public services provided by the operators of water and sanitation systems.
XVI.That in accordance with the Regulation to the Law for the Protection of the Citizen from Excessive Requirements and Administrative Procedures, Executive Decree No. 37045-MP-MEIC and its reforms, the Cost-Benefit Evaluation Form was completed in Section I called “Prior Control of Regulatory Improvement”, with the same yielding a negative result and the proposal containing no procedures nor requirements.
They Decree:
Tariff Policy for operators of potable water and sanitation systems called:
“Universalization of the public services of potable water and sanitation (wastewater collection and treatment of wastewater)”
Economic Efficiency