6428-S AMH APPE LUND 3

SSB 6428 - H AMD 1266 ADOPTED 3-3-94

By Representatives Appelwick and H. Myers

     On page 6, after line 29, strike the remainder of the bill and insert the following new sections:

     "NEW SECTION. Sec. 5.  A new section is added to chapter 35.13A RCW to read as follows:

     A city assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on non-compliance with state or federal requirements for public drinking water systems, which pre-date the date of assuming responsibility and continue after the date of assuming responsibility, provided that the city has submitted and is complying with a plan and schedule of improvements approved by the department of health.  This immunity shall expire on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility.  This immunity does not apply to intentional injuries, fraud, or bad faith.

NEW SECTION. Sec. 6.  A new section is added to chapter 35A.21 RCW to read as follows:

     A code city assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on non-compliance with state or federal requirements for public drinking water systems, which pre-date the date of assuming responsibility and continue after the date of assuming responsibility, provided that the city has submitted and is complying with a plan and schedule of improvements approved by the department of health.  This immunity shall expire on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility.  This immunity does not apply to intentional injuries, fraud, or bad faith.

NEW SECTION. Sec. 7.  A new section is added to chapter 36.94 RCW to read as follows:

     A county assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on non-compliance with state or federal requirements for public drinking water systems, which pre-date the date of assuming responsibility and continue after the date of assuming responsibility, provided that the county has submitted and is complying with a plan and schedule of improvements approved by the department of health.  This immunity shall expire on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility.  This immunity does not apply to intentional injuries, fraud, or bad faith.

NEW SECTION. Sec. 8.  A new section is added to chapter 57.24 RCW to read as follows:

     A water district assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on non-compliance with state or federal requirements for public drinking water systems, which pre-date the date of assuming responsibility and continue after the date of assuming responsibility, provided that the water district has submitted and is complying with a plan and schedule of improvements approved by the department of health.  This immunity shall expire on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility.  This immunity does not apply to intentional injuries, fraud, or bad faith.

NEW SECTION. Sec. 9.  A new section is added to chapter 80.28 RCW to read as follows:

     A water company assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on non-compliance with state or federal requirements for public drinking water systems, which pre-date the date of assuming responsibility and continue after the date of assuming responsibility, provided that the water company has submitted and is complying with a plan and schedule of improvements approved by the department of health.  This immunity shall expire on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility.  This immunity does not apply to intentional injuries, fraud, or bad faith.

NEW SECTION. Sec. 10.  A new section is added to chapter 54.16 RCW to read as follows:

     A public utility district assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on non-compliance with state or federal requirements for public drinking water systems, which pre-date the date of assuming responsibility and continue after the date of assuming responsibility, provided that the public utility district has submitted and is complying with a plan and schedule of improvements approved by the department of health.  This immunity shall expire on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility.  This immunity does not apply to intentional injuries, fraud, or bad faith.

NEW SECTION. Sec. 11.  A new section is added to chapter 87.03 RCW to read as follows:

     An irrigation district assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on non-compliance with state or federal requirements for public drinking water systems, which pre-date the date of assuming responsibility and continue after the date of assuming responsibility, provided that the irrigation district has submitted and is complying with a plan and schedule of improvements approved by the department of health.  This immunity shall expire on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility.  This immunity does not apply to intentional injuries, fraud, or bad faith."

EFFECT:  Alters the immunity for assuming responsibility for a failing water system to lawsuits based on non-compliance with state or federal requirements that pre-date the assumption of responsibility and continues for the earlier of the date the plan for improvements is completed or four years after assuming responsibility for the system.