Amended in Senate January 6, 2014

Amended in Senate September 6, 2013

Senate Bill No. 772

Introduced by Senator begin delete Emmerson end delete begin insert Roth end insert

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(Principal coauthor: Senator Roth)

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February 22, 2013

An act to add Section 71760 to the Water Code, relating to drinking water begin insert , and declaring the urgency thereof, to take effect immediately end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 772, as amended, begin delete Emmerson end delete   begin insert Roth end insert . Drinking water begin insert : County Water Company of Riverside water system: liability end insert .

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.

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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.

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This bill would exempt the Elsinore Valley Municipal Water District and the Eastern Municipal Water District from liability for begin delete injuries or damages arising out of the delivery of end delete begin insert 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 end insert water to begin insert , the end insert County Water Company of Riverside begin delete customers, as specified. end delete begin insert 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 portions 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. end insert

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

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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begin insert Section 71760 is added to the end insert begin insert Water Code end insert begin insert , to
read: end insert

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begin insert 71760. end insert   

(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.

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begin insert SEC. 2. end insert   

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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:

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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.

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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.

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