HB4927 93RD GENERAL ASSEMBLY

LRB093 19549 BDD 45289 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4927

Introduced 02/04/04, by Dan Brady

SYNOPSIS AS INTRODUCED:

415 ILCS 5/16.5 new

Amends the Environmental Protection Act. Provides that if a water supplier that acquires ownership of an existing public water supply enters into a written agreement with the Environmental Protection Agency to bring the public water supply into compliance with drinking water standards and then does so, the water supplier has certain civil immunities concerning the public water supply's previous failure to meet those drinking water standards. Confers other civil immunities from tort liability upon a water supplier. Provides that the immunities conferred under this amendatory Act (i) do not create a new cause of action or substantive legal right against a water supplier, (ii) do not affect existing civil immunities, and (iii) do not create immunity for violations of the Environmental Protection Act.

A BILL FOR

AN ACT concerning environmental protection.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Environmental Protection Act is amended by adding Section 16.5 as follows:

(415 ILCS 5/16.5 new)

Sec. 16.5. Civil immunity for water suppliers.

(a) As used in this Section:

"Water supplier" means an entity that is subject to this Title and any rules adopted under it and that supplies drinking water through pipes, tubing, or any similar manner to consumers within the State.

"Acquiring water supplier" means a water supplier that satisfies both of the following:

(1) the water supplier acquires ownership of an existing public water supply; and

(2) the water supplier and the acquired existing water supplier do not have any mutual directors, officers, controlling shareholders, or other persons with an ownership interest prior to the acquisition.

"Drinking water standards" means safe drinking water standards established by the Agency under this Act or established by the U.S. Environmental Protection Agency under the federal Safe Drinking Water Act.

(b) An acquiring water supplier that acquires ownership of an existing public water supply is not liable in damages in a civil action for injury, death, or loss to any person or property that occurred prior to the acquisition and that was allegedly caused by the previous water water supplier's failure to comply with drinking water standards. The provisions of this subsection apply only if the acquiring water supplier does both of the following:

(1) enters into a written agreement with the Agency to bring the public water supply into compliance with drinking water standards within a specified period of time; and

(2) brings the public water supply into compliance with drinking water standards within the time agreed to under the written agreement with the Agency.

(c) A water supplier that operates a public water supply is not liable in damages in a civil action to any person for injury, death, or loss to person or property that arises from the person's consumption of water supplied by the water supplier if all of the following apply:

(1) during the period of time that the water supplier supplies water to the person, the water supplied by the water supplier meets all applicable drinking water standards;

(2) the water supplier has not been found to be in significant noncompliance with drinking water standards; and

(3) the injury, death, or loss of property is caused by a substance for which no drinking water standards have been established.

(d) This Section does not create a new cause of action or substantive legal right against a water supplier.

This Section does not affect any immunities from civil liability or defenses established by any other statute or available at common law to which a water supplier may be entitled under circumstances not covered by this Section.

This Section does not create immunity from civil liability for any violations of this Act.