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AL SB53
Bill
Status
1/14/2014
Primary Sponsor
Rusty Glover
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AI Summary
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Adds Section 22-23-54 to the Code of Alabama 1975 to provide civil immunity to water suppliers, their directors, officers, and employees for claims that water is unfit for human consumption or use.
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Immunity applies to claims regarding water purity, potability, wholesomeness, physical quality, or chemistry unless the complaining party proves by clear and convincing evidence that the water fails to substantially comply with state regulations and that noncompliance is not permitted by variance or exemption from ADEM.
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Requires proof that claimed damages were proximately caused by the substantial noncompliance and that the noncompliance is not allowed under Section 22-23-35, consent decrees, court orders, or other ADEM-granted variances or exemptions.
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Does not create new causes of action or substantive legal rights against water suppliers and does not affect other immunities or defenses available under statute or common law.
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Does not impair the enforcement authority of the Alabama Department of Environmental Management and becomes effective on the first day of the third month following passage and approval by the Governor.
Legislative Description
Water suppliers, civil immunity provided for water suppliers that comply with or are exempted from Alabama Department of Environmental Management regulations, Sec. 22-23-54 added
Civil Procedure
Last Action
Read for the first time and referred to the Senate committee on Judiciary
1/14/2014