BILL NUMBER: SB 772	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 6, 2014
	AMENDED IN SENATE  SEPTEMBER 6, 2013

INTRODUCED BY   Senator  Emmerson   Roth 
    (   Principal coauthor: 
 Senator   Roth   )


                        FEBRUARY 22, 2013

   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 772, as amended,  Emmerson   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 and the Eastern Municipal Water District from liability for
 injuries or damages arising out of the delivery of 
 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, as specified, for any good
faith, reasonable effort using ordinary care to assume possession of,
and to operate and supply  water to  , the  County
Water Company of Riverside  customers, as specified.
  water system. This bill would provide that immunity
from liability exists for all future claims by County Water Company
of Riverside customers that will be served by Elsinore Valley
Municipal Water District and   Eastern Municipal Water
District after the termination of the interim operation period
associated with those po   rtions of the County Water
Company of Riverside water system that are retained by the municipal
water districts as part of the permanent replacement facilities, as
specified. This bill would prohibit the immunity from liability from
being construed either to relieve the municipal water districts from
drinking water quality compliance obligations, as specified, 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 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 one
year at the request of the municipal water districts, as prescribed.
 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   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) Elsinore Valley Municipal Water District and
Eastern Municipal Water District shall not be held liable 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 specified in subdivision (c) for any good
faith, reasonable effort using ordinary care to assume possession of,
and to operate and supply water to, the County Water Company of
Riverside water system.
   (2) Immunity from liability shall exist for all future claims by
County Water Company of Riverside customers that will be served by
Elsinore Valley Municipal Water District and Eastern Municipal Water
District 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, including, but not limited to, the
following:
   (A) Claims alleging personal injury, property damage, liability
related to water quality, fire flow, and service interruption if the
cause of action is based solely upon water that was served prior to
commencement of the interim operation period.
   (B) Claims based solely on commissions or omissions that occurred
prior to the commencement of the interim operation period.
   (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 and Eastern
Municipal Water District from drinking water quality compliance
obligations under Title 22 of the California Code of Regulations.
   (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 one year 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 quality standards under
Title 22 of the California Code of Regulations.
   (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.
   (4) Customers of County Water Company of Riverside shall receive
written notice upon any change in possession, control, or operation
of the water system. 
  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.  
  SECTION 1.    The Legislature finds and declares
the following:
   (a) The Legislature recognizes there is an urgent need for safe
and reliable water service to be provided to the water users of the
County Water Company of Riverside, a private water company.
   (b) The company is located in Riverside County, California.
Currently, the County Water Company of Riverside is unable to provide
clean and reliable water services to their water users.
   (c) The County Water Company of Riverside is located adjacent to
two municipal water districts, the Eastern Municipal Water District
and the Elsinore Valley Municipal Water District, both of which are
formed pursuant to the Municipal Water District Law of 1911 (Chapter
1 (commencing with Section 71000) of Part 1 of Division 20 of the
Water Code).
   (d) It is the intent of the Legislature to provide the Eastern
Municipal Water District and the Elsinore Valley Municipal Water
District immunity from any and all claims and operational liability,
while they are using the preexisting substandard facilities of the
County Water Company of Riverside to provide water service to the
County Water Company of Riverside's customers and simultaneously
constructing new facilities which will serve those customers.
   (e) It is the intent of the Legislature to provide the Eastern
Municipal Water District and the Elsinore Valley Municipal Water
District ongoing immunity from any and all future claims associated
with the unimproved, substandard facilities portions of the system
originally constructed by the County Water Company of Riverside.
 
  SEC. 2.    Section 71760 is added to the Water
Code, to read:
   71760.  The Elsinore Valley Municipal Water District and the
Eastern Municipal Water District are hereby exempt from liability for
any and all injuries or damages arising out of the delivery of water
to the County Water Company of Riverside customers, as follows:
   (a) Immunity from liability shall exist during the period of
operation from the initiation of service by the Elsinore Valley
Municipal Water District and the Eastern Municipal Water District
upon the connection of a temporary potable service pipeline on or
before January 2014, until permanent replacement facilities are
accepted by the Elsinore Valley Municipal Water District and the
Eastern Municipal Water District. The acceptance date of the
permanent replacement facilities will be publicly noticed by the
Elsinore Valley Municipal Water District and the Eastern Municipal
Water District with the concurrence of the State Department of Public
Health.
   (b) Immunity from liability shall extend to all future claims
associated with portions of the system originally constructed by the
County Water Company of Riverside, including, but not limited to,
claims arising from personal injury, property damage, liability
related to water quality, fire flow, and service interruptions.
   (c) Immunity from liability shall extend to all claims by the
County Water Company of Riverside's customers arising prior to the
Elsinore Valley Municipal Water District's and the Eastern Municipal
Water District's ownership and operation of the system.