BILL ANALYSIS �
SB 1130
Page 1
Date of Hearing: June 26, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1130 (Roth) - As Amended: April 21, 2014
Policy Committee: JudiciaryVote:9-0
ES&TM 7-0
Urgency: Yes State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill:
1)Exempts the Elsinore Valley Municipal Water District (EVMWD),
the Eastern Municipal Water District (EMWD), the Western
Municipal Water District (WMWD), and the Metropolitan Water
District of Southern California (MWDSC) from liability, as
specified, for claims by past or existing County Water Company
of Riverside customers or those who consumed water provided by
the company prior to or during the interim operational period,
as specified.
2)Specifies that the interim operational period shall last until
permanent replacement facilities are accepted by EVMWD and
EMWD with the concurrence of Department of Public Health
(DPH), or December 31, 2015, whichever comes first, unless the
interim period is extended by DPH for good cause.
FISCAL EFFECT
Negligible fiscal impact to the DPH.
COMMENTS
1)Background . This bill grants limited immunity to public water
districts that will, in response to a joint request of the
County of Riverside and the State Department of Public Health
(DPH), assume control of a failing and substandard private
water system. The County Water Company (CWC) of Riverside, a
private water company, purportedly serves about 140 households
in western Riverside County, in an area that falls between the
SB 1130
Page 2
service areas of two public water systems-the EVMWD and the
EMWD. By all accounts, CWC's service has been substandard.
Not only do high nitrate levels make the water undrinkable,
the system fails to provide adequate water flow to meet
minimum fire-fighting requirements. Failing infrastructure has
left customers without any water for extended periods of time,
and even when the water is running, the customers must buy
bottled water for drinking and culinary purposes.
EMWD and EVMWD have already provided a temporary water tank to
the CWC customers for drinking and culinary purposes, and they
are prepared to connect a temporary pipeline for potable
water, reconstruct the CWC system, and eventually integrate
CWC customers into one of the other districts. However, the
districts want to ensure that, in doing this, they will not
assume liability for damages attributable to the prior
negligent actions or omissions of the CWC.
2)Purpose . This urgency measure grants limited and temporary
immunity to EMWD and EVMWD, so they may begin the process of
providing immediate relief and securing a long-term solution
for the CWC customers. During an "interim operation period,"
the districts will first connect a temporary potable water
pipeline into the CWC. The districts will then replace or
repair existing facilities; once completed, the facilities
will become part of the district systems with the concurrence
of the DPH. Although EMWD and EVMWD will play the primary role
in reconstructing CWC facilities and will eventually absorb
the current CWC customers, two other public water districts
"wholesalers" will also be involved and granted limited
immunity. The WMWD and the MWDSC will provide supplemental
water to CWC during the interim operation period.
3)Prior Legislation . This bill is similar to last year's SB 772
(Roth), which was held in the Senate Judiciary out of concern
that the immunity granted in that version was too broad and
might unintentionally shield the districts from injuries for
which they are responsible.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081