Amended in Senate April 21, 2014

Amended in Senate March 26, 2014

Senate Bill No. 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.

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The

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begin insert (1) end insert begin insert   end insert begin insert The end insert 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, 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. begin delete This end delete begin insert The end insert bill would prohibit the immunity from liability from being construed either to relieve 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 begin delete to extend to end delete begin insert impair end insert claims alleging the taking of property without compensation. begin delete This end delete begin insert The end insert bill would require the interim operation period to 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 begin delete department, end delete begin insert department end insert or December 31, 2015, whichever occurs first. begin delete This end delete begin insert The end insert bill would require the department to extend the interim operation period for up to 3 successive one-year periods at the request of the Elsinore Valley Municipal Water District and the Eastern Municipal Water District, as prescribed.

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(2) This bill would make legislative findings and declarations as to the necessity of a special statute with regard to the customers of the County Water Company of Riverside.

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This

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begin insert (3) end insert begin insert   end insert begin insert This end insert 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:

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begin insert SECTION 1. end insert   

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begin insert (a) end insert begin insert   end insert begin insert The Legislature finds and declares that the
provisions of this act are precisely tailored to address the unique
circumstances facing the customers of the County Water Company
of Riverside. end insert

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(b) The Legislature further finds and declares that the provisions
of this act are not intended to apply to other water districts because
the limitations on liability within the act reflect the unique
circumstances facing the customers of the County Water Company
of Riverside.

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begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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 begin delete to, end delete begin insert to end insert 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 begin delete signatories, end delete begin insert signatories end insert 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 begin delete Health, end delete begin insert Health end insert 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 begin delete under end delete begin insert pursuant
to end insert 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)  begin delete Extend to end delete begin insert Impair end insert 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.

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begin insert SEC. 3. end insert   

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The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique circumstances facing the
customers of the County Water Company of Riverside.

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begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

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.