Bill Text: CA SB1130 | 2013-2014 | Regular Session | Chaptered
Bill Title: Drinking water: County Water Company of Riverside water system: liability.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-07-21 - Chaptered by Secretary of State. Chapter 173, Statutes of 2014. [SB1130 Detail]
Download: California-2013-SB1130-Chaptered.html
BILL NUMBER: SB 1130 CHAPTERED
BILL TEXT
CHAPTER 173
FILED WITH SECRETARY OF STATE JULY 21, 2014
APPROVED BY GOVERNOR JULY 21, 2014
PASSED THE SENATE MAY 1, 2014
PASSED THE ASSEMBLY JULY 3, 2014
AMENDED IN SENATE APRIL 21, 2014
AMENDED IN SENATE MARCH 26, 2014
INTRODUCED BY Senator Roth
FEBRUARY 20, 2014
An act to add Section 71760 to the Water Code, relating to
drinking water, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1130, Roth. Drinking water: County Water Company of Riverside
water system: liability.
(1) The Municipal Water District Law of 1911 provides for the
formation of municipal water districts and grants to those districts
specified powers. Existing law permits a district to acquire,
control, distribute, store, spread, sink, treat, purify, recycle,
recapture, and salvage any water for the beneficial use of the
district, its inhabitants, or the owners of rights to water in the
district.
Existing law, the California Safe Drinking Water Act, provides for
the operation of public water systems, and imposes on the State
Department of Public Health various responsibilities and duties.
Existing law requires the department to conduct research, studies,
and demonstration projects relating to the provision of a dependable,
safe supply of drinking water, to adopt regulations to implement the
California Safe Drinking Water Act, and to enforce provisions of the
federal Safe Drinking Water Act.
This bill would exempt the Elsinore Valley Municipal Water
District, the Eastern Municipal Water District, the Western Municipal
Water District, and the Metropolitan Water District of Southern
California from liability, as prescribed, for claims by past or
existing County Water Company of Riverside customers or those who
consumed water provided through the County Water Company of Riverside
water system prior to and during the interim operation period, as
specified. The bill would prohibit the immunity from liability from
being construed to relieve any water district, water wholesaler, or
any other entity from compliance with drinking water standards,
impair any cause of action or proceeding brought by specified public
entities, or impair claims alleging the taking of property without
compensation. The bill would require the interim operation period to
last until permanent replacement facilities are accepted by the
Elsinore Valley Municipal Water District and the Eastern Municipal
Water District with the concurrence of the department or December 31,
2015, whichever occurs first. The bill would require the department
to extend the interim operation period for up to 3 successive
one-year periods at the request of the Elsinore Valley Municipal
Water District and the Eastern Municipal Water District, as
prescribed.
(2) This bill would make legislative findings and declarations as
to the necessity of a special statute with regard to the customers of
the County Water Company of Riverside.
(3) This bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares that the
provisions of this act are precisely tailored to address the unique
circumstances facing the customers of the County Water Company of
Riverside.
(b) The Legislature further finds and declares that the provisions
of this act are not intended to apply to other water districts
because the limitations on liability within the act reflect the
unique circumstances facing the customers of the County Water Company
of Riverside.
SEC. 2. Section 71760 is added to the Water Code, to read:
71760. (a) (1) The Elsinore Valley Municipal Water District and
the Eastern Municipal Water District shall not be held liable for
claims by past or existing County Water Company of Riverside
customers or those who consumed water provided through the County
Water Company of Riverside water system concerning the operation and
supply of water from the County Water Company of Riverside water
system during the interim operation period specified in subdivision
(c) for any good faith, reasonable effort using ordinary care to
assume possession of, to operate, or to supply water to the County
Water Company of Riverside water system.
(2) The Elsinore Valley Municipal Water District and the Eastern
Municipal Water District shall not be held liable for claims by past
or existing County Water Company of Riverside customers or by those
who consumed water provided through the County Water Company of
Riverside water system for any injury that occurred prior to the
commencement of the interim operation period specified in subdivision
(c).
(b) (1) (A) The Western Municipal Water District and the
Metropolitan Water District of Southern California shall not be held
liable for claims by past or existing County Water Company of
Riverside customers or by those who consumed water provided through
the County Water Company of Riverside water system concerning the
provision of supplemental imported water supplies to the County Water
Company of Riverside water system during the interim operation
period specified in subdivision (c) for any good faith, reasonable
effort using ordinary care to supply water to the County Water
Company of Riverside water system.
(B) The Western Municipal Water District and the Metropolitan
Water District of Southern California shall not be held liable for
claims by past or existing County Water Company of Riverside
customers or by those who consumed water provided through the County
Water Company of Riverside water system concerning the operation and
supply of water from the County Water Company of Riverside water
system for any injury that occurred prior to the commencement of the
interim operation period specified in subdivision (c).
(2) This subdivision shall only apply if the water supplied by the
Western Municipal Water District and the Metropolitan Water District
of Southern California through the temporary potable service
pipeline to the County Water Company of Riverside water system meets
or exceeds federal and state drinking water quality standards.
(c) (1) The interim operation period shall commence upon the
connection of a temporary potable service pipeline by either the
Elsinore Valley Municipal Water District or the Eastern Municipal
Water District to the County Water Company of Riverside water system,
or upon the execution of an agreement between the Elsinore Valley
Municipal Water District, the Eastern Municipal Water District, the
County Water Company of Riverside, and any other signatories to
provide service to the customers of the County Water Company of
Riverside, whichever occurs first.
(2) (A) Except as provided in subparagraph (B), the interim
operation period shall last until permanent replacement facilities
are accepted by the Elsinore Valley Municipal Water District and the
Eastern Municipal Water District with the concurrence of the State
Department of Public Health or December 31, 2015, whichever occurs
first.
(B) Upon the showing of good cause, the interim operation period
shall be extended by the State Department of Public Health for up to
three successive one-year periods at the request of the Elsinore
Valley Municipal Water District and the Eastern Municipal Water
District.
(3) The acceptance date of permanent replacement facilities shall
be publicly noticed by the Elsinore Valley Municipal Water District
and the Eastern Municipal Water District.
(d) Subdivision (a) shall only apply if the Elsinore Valley
Municipal Water District and the Eastern Municipal Water District
provide water to the County Water Company of Riverside water system
in accordance with all of the following conditions:
(1) The Elsinore Valley Municipal Water District and the Eastern
Municipal Water District shall comply with the special terms and
conditions established by the State Department of Public Health for
safe drinking water emergency funding pursuant to Section 75021 of
the Public Resources Code for the interim operation period.
(2) Water provided by the Elsinore Valley Municipal Water District
and the Eastern Municipal Water District through the temporary
potable service pipeline to the County Water Company of Riverside
water system shall meet or exceed federal and state drinking water
quality standards.
(3) Reasonable water system flow and pressure through the
temporary potable service pipeline shall be maintained during the
interim operation period based upon the condition and integrity of
the existing County Water Company of Riverside water system and any
disruptions to water delivery resulting from construction related
activities associated with the installation of permanent replacement
facilities shall be minimal.
(4) The Elsinore Valley Municipal Water District and the Eastern
Municipal Water District shall notify Riverside County fire officials
serving the County Water Company of Riverside service area of the
condition and firefighting support capabilities of the existing
County Water Company of Riverside water system and planned
improvements with the installation of permanent replacement
facilities thereto. The Elsinore Valley Municipal Water District and
the Eastern Municipal Water District shall maintain or improve the
condition and firefighting support capabilities of the existing
County Water Company of Riverside water system during the interim
operation period.
(5) Customers of the County Water Company of Riverside shall
receive written notice upon any change in possession, control, or
operation of the water system.
(e) Nothing in this section shall be construed to do any of the
following:
(1) Relieve any water district, water wholesaler, or any other
entity from complying with any provision of federal or state law
pertaining to drinking water quality.
(2) Impair any cause of action by the Attorney General, a district
attorney, a city attorney, or any other public prosecutor, or impair
any other action or proceeding brought by or on behalf of a
regulatory agency.
(3) Impair any claim alleging the taking of property without
compensation within the meaning of either the Fifth Amendment to the
United States Constitution or Section 19 of Article I of the
California Constitution.
SEC. 3. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances facing the customers of the
County Water Company of Riverside.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to provide safe drinking water that is always reliable
for current customers of the County Water Company of Riverside at the
earliest possible date, it is necessary that this act take effect
immediately.
