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AL SB53

Bill

Status

Introduced

1/14/2014

Primary Sponsor

Rusty Glover

Click for details

Origin

Senate

Regular Session 2014

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary1/14/2014

Full Bill Text

No bill text available