Bill Text: CA SB1130 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: SB 1130	AMENDED
	BILL TEXT

	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, as amended, Roth. Drinking water: County Water Company of
Riverside water system: liability.
   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, and those
urban wholesale water suppliers, as defined, providing supplemental
imported water supplies to Elsinore Valley Municipal Water District
and the Eastern Municipal Water District, from liability for any good
faith, reasonable effort to assume possession of, and to operate and
supply water to, the County Water Company of Riverside water system
prior, during, or for a certain time after   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. This bill would
prohibit the immunity from liability from being construed either to
relieve  the municipal water districts or urban wholesale
water suppliers   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 to extend to claims alleging the
taking of property without compensation. This bill would require the
interim operation period to last until permanent replacement
facilities are accepted by the  municipal water districts
  Elsinore Valley Municipal Water District and the
Eastern Municipal Water District  with the concurrence of the
department, or December 31, 2015, whichever occurs first. This bill
would require the department to extend the interim operation period
for up to  2 years   3 successive one-year
periods  at the request of the  municipal water
districts   Elsinore Valley Municipal Water District and
the Eastern Municipal Water District  , as prescribed.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    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 under 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) Extend to 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.  
  SECTION 1.    Section 71760 is added to the Water
Code, to read:
   71760.  (a) Elsinore Valley Municipal Water District, Eastern
Municipal Water District, and those urban wholesale water suppliers,
as defined in subdivision (r) of Section 10608.12, providing
supplemental imported water supplies to Elsinore Valley Municipal
Water District and the Eastern Municipal Water District shall not be
held liable for any good faith, reasonable effort to assume
possession of, and to operate and supply water to, the County Water
Company of Riverside water system, as follows:
   (1) Immunity from liability shall exist for claims by past or
existing County Water Company of Riverside customers or those
consuming 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.
   (2) Immunity from liability shall exist for the following claims,
including, but not limited to, claims alleging personal injury,
property damage, liability related to water quality, fire flow, and
service interruption:
   (A) All claims brought by existing or past County Water Company of
Riverside customers or those claimants consuming water provided
through the County Water Company of Riverside water system. The
immunity shall extend to all claims concerning the operation of and
supply of water from the County Water Company of Riverside water
system arising prior to the commencement of the interim operation
period.
   (B) All claims by County Water Company of Riverside customers
served by Elsinore Valley Municipal Water District and Eastern
Municipal Water District arising within two years after the
termination of the interim operation period associated with those
portions of the County Water Company of Riverside water system that
are retained by Elsinore Valley Municipal Water District and Eastern
Municipal Water District as part of the permanent replacement
facilities.
   (b) Immunity from liability pursuant to this section shall not be
construed to do either of the following:
   (1) Relieve Elsinore Valley Municipal Water District, Eastern
Municipal Water District, and those urban wholesale water suppliers,
defined in subdivision (r) of Section 10608.12, providing
supplemental imported water supplies to Elsinore Valley Municipal
Water District and the Eastern Municipal Water District from
compliance with drinking water standards established pursuant to
Chapter 4 (commencing with Section 116275) of Part 12 of Division 104
of the Health and Safety Code.
   (2) Extend to claims 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.
   (c) (1) The interim operation period shall commence upon the
connection of a temporary potable service pipeline by either Elsinore
Valley Municipal Water District or Eastern Municipal Water District
to the County Water Company of Riverside water system, or upon the
execution of an agreement between Elsinore Valley Municipal Water
District, Eastern Municipal Water District, the County Water Company
of Riverside, and any other signatories, to provide service to the
customers of 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 Elsinore Valley Municipal Water District and Eastern
Municipal Water District with the concurrence of the State Department
of Public Health, or December 31, 2015, whichever occurs first.
   (B) The interim operation period shall be extended by the State
Department of Public Health for up to two years at the request of
Elsinore Valley Municipal Water District and Eastern Municipal Water
District based upon evidence of unforeseen circumstances associated
with the construction of the permanent replacement facilities.
   (3)  The acceptance date of permanent replacement facilities and
the transfer of the County Water Company of Riverside water system
and operations to Elsinore Valley Municipal Water District and
Eastern Municipal Water District shall be publicly noticed by
Elsinore Valley Municipal Water District and Eastern Municipal Water
District.
   (d) The immunity provided by paragraph (1) of subdivision (a)
shall be contingent upon Elsinore Valley Municipal Water District,
Eastern Municipal Water District, or both, delivering water to the
County Water Company of Riverside water system in accordance with the
special terms and conditions established by the State Department of
Public Health for safe drinking water emergency funding under Section
75021 of the Public Resources Code for the Elsinore Valley Municipal
Water District and Eastern Municipal Water District during the
interim operation period, including, but not limited to, the
following conditions:
   (1) Water provided by Elsinore Valley Municipal Water District and
Eastern Municipal Water District through the temporary potable
service pipeline to the County Water Company of Riverside water
system shall meet or exceed drinking water standards established
pursuant to Chapter 4 (commencing with Section 116275) of Part 12 of
Division 104 of the Health and Safety Code.
   (2) Reasonable water system flow and pressure through the
temporary potable service pipeline are maintained 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 are minimal.
   (3) Elsinore Valley Municipal Water District and Eastern Municipal
Water District shall notify Riverside County fire officials serving
the County Water Company of Riverside 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. 
  SEC. 2.  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.