SB 1130, as introduced, 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 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 from compliance with drinking water standards 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 2 years 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: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 71760 is added to the Water Code, to
2read:
(a) Elsinore Valley Municipal Water District, Eastern
4Municipal Water District, and those urban wholesale water
5suppliers, as defined in subdivision (r) of Section 10608.12,
6providing supplemental imported water supplies to Elsinore Valley
7Municipal Water District and the Eastern Municipal Water District
8shall not be held liable for any good faith, reasonable effort to
9assume possession of, and to operate and supply water to, the
10County Water Company of Riverside water system, as follows:
11(1) Immunity from liability shall exist for claims by past or
12existing County Water Company of Riverside customers or those
13consuming water provided through the County Water Company
14of Riverside water system concerning the operation and supply of
15water from the
County Water Company of Riverside water system
16during the interim operation period.
17(2) Immunity from liability shall exist for the following claims,
18including, but not limited to, claims alleging personal injury,
19property damage, liability related to water quality, fire flow, and
20service interruption:
21(A) All claims brought by existing or past County Water
22Company of Riverside customers or those claimants consuming
P3 1water provided through the County Water Company of Riverside
2water system. The immunity shall extend to all claims concerning
3the operation of and supply of water from the County Water
4Company of Riverside water system arising prior to the
5commencement of the interim operation period.
6(B) All claims by County Water Company of Riverside
7customers served by Elsinore Valley Municipal Water District and
8
Eastern Municipal Water District arising within two years after
9the termination of the interim operation period associated with
10those portions of the County Water Company of Riverside water
11system that are retained by Elsinore Valley Municipal Water
12District and Eastern Municipal Water District as part of the
13permanent replacement facilities.
14(b) Immunity from liability pursuant to this section shall not be
15construed to do either of the following:
16(1) Relieve Elsinore Valley Municipal Water District, Eastern
17Municipal Water District, and those urban wholesale water
18suppliers, defined in subdivision (r) of Section 10608.12, providing
19supplemental imported water supplies to Elsinore Valley Municipal
20Water District and the Eastern Municipal Water District from
21compliance with drinking water standards established pursuant to
22Chapter 4 (commencing with Section 116275) of Part 12 of
23
Division 104 of the Health and Safety Code.
24(2) Extend to claims 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.
28(c) (1) The interim operation period shall commence upon the
29connection of a temporary potable service pipeline by either
30Elsinore Valley Municipal Water District or Eastern Municipal
31Water District to the County Water Company of Riverside water
32system, or upon the execution of an agreement between Elsinore
33Valley Municipal Water District, Eastern Municipal Water District,
34the County Water Company of Riverside, and any other signatories,
35to provide service to the customers of County Water Company of
36Riverside, whichever occurs first.
37(2) (A) Except as provided in subparagraph (B), the interim
38operation period shall last until permanent replacement facilities
39are accepted by Elsinore Valley Municipal Water District and
40Eastern Municipal Water District with the concurrence of the State
P4 1Department of Public Health, or December 31, 2015, whichever
2occurs first.
3(B) The interim operation period shall be extended by the State
4Department of Public Health for up to two years at the request of
5Elsinore Valley Municipal Water District and Eastern Municipal
6Water District based upon evidence of unforeseen circumstances
7associated with the construction of the permanent replacement
8facilities.
9(3) The acceptance date of permanent replacement facilities
10and the transfer of the County Water Company of Riverside water
11system and operations to Elsinore Valley Municipal Water District
12and
Eastern Municipal Water District shall be publicly noticed by
13Elsinore Valley Municipal Water District and Eastern Municipal
14Water District.
15(d) The immunity provided by paragraph (1) of subdivision (a)
16shall be contingent upon Elsinore Valley Municipal Water District,
17Eastern Municipal Water District, or both, delivering water to the
18County Water Company of Riverside water system in accordance
19with the special terms and conditions established by the State
20Department of Public Health for safe drinking water emergency
21funding under Section 75021 of the Public Resources Code for the
22Elsinore Valley Municipal Water District and Eastern Municipal
23Water District during the interim operation period, including, but
24not limited to, the following conditions:
25(1) Water provided by Elsinore Valley Municipal Water District
26and Eastern Municipal Water District through the temporary
27potable
service pipeline to the County Water Company of Riverside
28water system shall meet or exceed drinking water standards
29established pursuant to Chapter 4 (commencing with Section
30116275) of Part 12 of Division 104 of the Health and Safety Code.
31(2) Reasonable water system flow and pressure through the
32temporary potable service pipeline are maintained based upon the
33condition and integrity of the existing County Water Company of
34Riverside water system and any disruptions to water delivery
35resulting from construction related activities associated with the
36installation of permanent replacement facilities are minimal.
37(3) Elsinore Valley Municipal Water District and Eastern
38Municipal Water District shall notify Riverside County fire officials
39serving the County Water Company of Riverside area of the
40condition and firefighting support capabilities of the existing
P5 1County Water Company of
Riverside water system and planned
2improvements with the installation of permanent replacement
3facilities thereto.
This act is an urgency statute necessary for the
5immediate preservation of the public peace, health, or safety within
6the meaning of Article IV of the Constitution and shall go into
7immediate effect. The facts constituting the necessity are:
8In order to provide safe drinking water that is always reliable
9for current customers of the County Water Company of Riverside
10at the earliest possible date, it is necessary that this act take effect
11immediately.
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