Amended in Senate March 26, 2014

Senate BillNo. 1130


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 Waterbegin delete 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 afterend deletebegin insert 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 duringend insert the interim operation period, as specified. This bill would prohibit the immunity from liability from being construed either to relievebegin delete the municipal water districts or urban wholesale water suppliersend deletebegin insert any water district, water wholesaler, or any other entityend insert from compliance with drinking water standardsbegin insert, impair any cause of action or proceeding brought by specified public entities,end insert 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 thebegin delete municipal water districtsend deletebegin insert Elsinore Valley Municipal Water District and the Eastern Municipal Water Districtend insert 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 tobegin delete 2 yearsend deletebegin insert 3 successive one-year periodsend insert at the request of thebegin delete municipal water districtsend deletebegin insert Elsinore Valley Municipal Water District and the Eastern Municipal Water Districtend insert, as prescribed.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 71760 is added to the end insertbegin insertWater Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert71760.end insert  

(a) (1) The Elsinore Valley Municipal Water District
4and the Eastern Municipal Water District shall not be held liable
5for claims by past or existing County Water Company of Riverside
6customers or those who consumed water provided through the
7County Water Company of Riverside water system concerning the
8operation and supply of water from the County Water Company
9of Riverside water system during the interim operation period
10specified in subdivision (c) for any good faith, reasonable effort
11using ordinary care to assume possession of, to operate, or to
P3    1supply water to, the County Water Company of Riverside water
2system.

3(2) The Elsinore Valley Municipal Water District and the
4Eastern Municipal Water District shall not be held liable for claims
5by past or existing County Water Company of Riverside customers
6or by those who consumed water provided through the County
7Water Company of Riverside water system for any injury that
8occurred prior to the commencement of the interim operation
9period specified in subdivision (c).

10(b) (1) (A) The Western Municipal Water District and the
11Metropolitan Water District of Southern California shall not be
12held liable for claims by past or existing County Water Company
13of Riverside customers or by those who consumed water provided
14through the County Water Company of Riverside water system
15concerning the provision of supplemental imported water supplies
16to the County Water Company of Riverside water system during
17the interim operation period specified in subdivision (c) for any
18good faith, reasonable effort using ordinary care to supply water
19to the County Water Company of Riverside water system.

20(B) The Western Municipal Water District and the Metropolitan
21Water District of Southern California shall not be held liable for
22claims by past or existing County Water Company of Riverside
23customers or by those who consumed water provided through the
24County Water Company of Riverside water system concerning the
25operation and supply of water from the County Water Company
26of Riverside water system for any injury that occurred prior to the
27commencement of the interim operation period specified in
28subdivision (c).

29(2) This subdivision shall only apply if the water supplied by
30the Western Municipal Water District and the Metropolitan Water
31District of Southern California through the temporary potable
32service pipeline to the County Water Company of Riverside water
33system meets or exceeds federal and state drinking water quality
34standards.

35(c) (1) The interim operation period shall commence upon the
36connection of a temporary potable service pipeline by either the
37Elsinore Valley Municipal Water District or the Eastern Municipal
38Water District to the County Water Company of Riverside water
39system, or upon the execution of an agreement between the Elsinore
40Valley Municipal Water District, the Eastern Municipal Water
P4    1District, the County Water Company of Riverside, and any other
2signatories, to provide service to the customers of the County
3Water Company of Riverside, whichever occurs first.

4(2) (A) Except as provided in subparagraph (B), the interim
5operation period shall last until permanent replacement facilities
6are accepted by the Elsinore Valley Municipal Water District and
7the Eastern Municipal Water District with the concurrence of the
8State Department of Public Health, or December 31, 2015,
9whichever occurs first.

10(B) Upon the showing of good cause, the interim operation
11period shall be extended by the State Department of Public Health
12for up to three successive one-year periods at the request of the
13Elsinore Valley Municipal Water District and the Eastern
14Municipal Water District.

15(3) The acceptance date of permanent replacement facilities
16shall be publicly noticed by the Elsinore Valley Municipal Water
17District and the Eastern Municipal Water District.

18(d) Subdivision (a) shall only apply if the Elsinore Valley
19Municipal Water District and the Eastern Municipal Water District
20provide water to the County Water Company of Riverside water
21system in accordance with all of the following conditions:

22(1) The Elsinore Valley Municipal Water District and the
23Eastern Municipal Water District shall comply with the special
24terms and conditions established by the State Department of Public
25Health for safe drinking water emergency funding under Section
2675021 of the Public Resources Code for the interim operation
27period.

28(2) Water provided by the Elsinore Valley Municipal Water
29District and the Eastern Municipal Water District through the
30temporary potable service pipeline to the County Water Company
31of Riverside water system shall meet or exceed federal and state
32drinking water quality standards.

33(3) Reasonable water system flow and pressure through the
34temporary potable service pipeline shall be maintained during the
35interim operation period based upon the condition and integrity
36of the existing County Water Company of Riverside water system
37and any disruptions to water delivery resulting from construction
38related activities associated with the installation of permanent
39replacement facilities shall be minimal.

P5    1(4) The Elsinore Valley Municipal Water District and the
2Eastern Municipal Water District shall notify Riverside County
3fire officials serving the County Water Company of Riverside
4service area of the condition and firefighting support capabilities
5of the existing County Water Company of Riverside water system
6and planned improvements with the installation of permanent
7replacement facilities thereto. The Elsinore Valley Municipal Water
8District and the Eastern Municipal Water District shall maintain
9or improve the condition and firefighting support capabilities of
10the existing County Water Company of Riverside water system
11during the interim operation period.

12(5) Customers of the County Water Company of Riverside shall
13receive written notice upon any change in possession, control, or
14operation of the water system.

15(e) Nothing in this section shall be construed to do any of the
16following:

17(1) Relieve any water district, water wholesaler, or any other
18entity from complying with any provision of federal or state law
19pertaining to drinking water quality.

20(2) Impair any cause of action by the Attorney General, a district
21attorney, a city attorney, or any other public prosecutor, or impair
22any other action or proceeding brought by or on behalf of a
23regulatory agency.

24(3) Extend to any claim alleging the taking of property without
25compensation within the meaning of either the Fifth Amendment
26to the United States Constitution or Section 19 of Article I of the
27California Constitution.

end insert
begin delete
28

SECTION 1.  

Section 71760 is added to the Water Code, to
29read:

30

71760.  

(a) Elsinore Valley Municipal Water District, Eastern
31Municipal Water District, and those urban wholesale water
32suppliers, as defined in subdivision (r) of Section 10608.12,
33providing supplemental imported water supplies to Elsinore Valley
34Municipal Water District and the Eastern Municipal Water District
35shall not be held liable for any good faith, reasonable effort to
36assume possession of, and to operate and supply water to, the
37County Water Company of Riverside water system, as follows:

38(1) Immunity from liability shall exist for claims by past or
39existing County Water Company of Riverside customers or those
40consuming water provided through the County Water Company
P6    1of Riverside water system concerning the operation and supply of
2water from the County Water Company of Riverside water system
3during the interim operation period.

4(2) Immunity from liability shall exist for the following claims,
5including, but not limited to, claims alleging personal injury,
6property damage, liability related to water quality, fire flow, and
7service interruption:

8(A) All claims brought by existing or past County Water
9Company of Riverside customers or those claimants consuming
10water provided through the County Water Company of Riverside
11water system. The immunity shall extend to all claims concerning
12the operation of and supply of water from the County Water
13Company of Riverside water system arising prior to the
14commencement of the interim operation period.

15(B) All claims by County Water Company of Riverside
16customers served by Elsinore Valley Municipal Water District and
17 Eastern Municipal Water District arising within two years after
18the termination of the interim operation period associated with
19those portions of the County Water Company of Riverside water
20system that are retained by Elsinore Valley Municipal Water
21District and Eastern Municipal Water District as part of the
22permanent replacement facilities.

23(b) Immunity from liability pursuant to this section shall not be
24construed to do either of the following:

25(1) Relieve Elsinore Valley Municipal Water District, Eastern
26Municipal Water District, and those urban wholesale water
27suppliers, defined in subdivision (r) of Section 10608.12, providing
28supplemental imported water supplies to Elsinore Valley Municipal
29Water District and the Eastern Municipal Water District from
30compliance with drinking water standards established pursuant to
31Chapter 4 (commencing with Section 116275) of Part 12 of
32 Division 104 of the Health and Safety Code.

33(2) Extend to claims alleging the taking of property without
34compensation within the meaning of either the Fifth Amendment
35to the United States Constitution or Section 19 of Article I of the
36California Constitution.

37(c) (1) The interim operation period shall commence upon the
38connection of a temporary potable service pipeline by either
39Elsinore Valley Municipal Water District or Eastern Municipal
40Water District to the County Water Company of Riverside water
P7    1system, or upon the execution of an agreement between Elsinore
2Valley Municipal Water District, Eastern Municipal Water District,
3the County Water Company of Riverside, and any other signatories,
4to provide service to the customers of County Water Company of
5Riverside, whichever occurs first.

6(2) (A) Except as provided in subparagraph (B), the interim
7operation period shall last until permanent replacement facilities
8are accepted by Elsinore Valley Municipal Water District and
9Eastern Municipal Water District with the concurrence of the State
10Department of Public Health, or December 31, 2015, whichever
11occurs first.

12(B) The interim operation period shall be extended by the State
13Department of Public Health for up to two years at the request of
14Elsinore Valley Municipal Water District and Eastern Municipal
15Water District based upon evidence of unforeseen circumstances
16associated with the construction of the permanent replacement
17facilities.

18(3)  The acceptance date of permanent replacement facilities
19and the transfer of the County Water Company of Riverside water
20system and operations to Elsinore Valley Municipal Water District
21and Eastern Municipal Water District shall be publicly noticed by
22Elsinore Valley Municipal Water District and Eastern Municipal
23Water District.

24(d) The immunity provided by paragraph (1) of subdivision (a)
25shall be contingent upon Elsinore Valley Municipal Water District,
26Eastern Municipal Water District, or both, delivering water to the
27County Water Company of Riverside water system in accordance
28with the special terms and conditions established by the State
29Department of Public Health for safe drinking water emergency
30funding under Section 75021 of the Public Resources Code for the
31Elsinore Valley Municipal Water District and Eastern Municipal
32Water District during the interim operation period, including, but
33not limited to, the following conditions:

34(1) Water provided by Elsinore Valley Municipal Water District
35and Eastern Municipal Water District through the temporary
36potable service pipeline to the County Water Company of Riverside
37water system shall meet or exceed drinking water standards
38established pursuant to Chapter 4 (commencing with Section
39116275) of Part 12 of Division 104 of the Health and Safety Code.

P8    1(2) Reasonable water system flow and pressure through the
2temporary potable service pipeline are maintained based upon the
3condition and integrity of the existing County Water Company of
4Riverside water system and any disruptions to water delivery
5resulting from construction related activities associated with the
6installation of permanent replacement facilities are minimal.

7(3) Elsinore Valley Municipal Water District and Eastern
8Municipal Water District shall notify Riverside County fire officials
9serving the County Water Company of Riverside area of the
10condition and firefighting support capabilities of the existing
11County Water Company of Riverside water system and planned
12improvements with the installation of permanent replacement
13facilities thereto.

end delete
14

SEC. 2.  

This act is an urgency statute necessary for the
15immediate preservation of the public peace, health, or safety within
16the meaning of Article IV of the Constitution and shall go into
17immediate effect. The facts constituting the necessity are:

18In order to provide safe drinking water that is always reliable
19for current customers of the County Water Company of Riverside
20at the earliest possible date, it is necessary that this act take effect
21immediately.



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