REPRESENTATIVES Willamowski, Latta, Seitz, Lendrum, Niehaus, Reidelbach, Hagan, Damschroder, Schmidt, Widowfield, Schneider

To enact section 6109.35 of the Revised Code to

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specify that if a water supplier that acquires

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ownership of an existing water system enters into a

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written agreement with the Environmental Protection

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Agency to bring the system into compliance with

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drinking water standards within a specified period

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of time and then does so, the water supplier has

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certain civil immunities concerning the system's

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previous failure to meet those drinking water

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standards, and to confer other qualified immunities

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from tort liability upon a water supplier.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That section 6109.35 of the Revised Code be	12
enacted to read as follows:	13

Sec. 6109.35. (A) As used in this section:

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(1) "Water supplier" means an entity that is subject to this	15
chapter and rules adopted under it and that supplies drinking	16
water through pipes, through tubing, or in a similar manner to	17
consumers within this state.	18

(2) "Acquiring water supplier" means a water supplier that	19
satisfies both of the following:	20

(a) The water supplier acquires ownership of an existing	21
water supplier.	22

(b) The water supplier and the acquired existing water	23
supplier do not have any mutual directors, officers, controlling	24
shareholders, or other persons with an ownership interest prior to	25
the acquisition.	26

(3) "Drinking water standards" means safe drinking water	27
standards established by the environmental protection agency under	28
this chapter or established by the United States environmental	29
protection agency under the Safe Drinking Water Act.	30

(B) An acquiring water supplier that acquires ownership of an	31
existing public water system is not liable in damages in a civil	32
action for injury, death, or loss to person or property that	33
occurred prior to the acquisition and that was allegedly caused by	34
the previous water supplier's failure to comply with drinking	35
water standards if the acquiring water supplier does both of the	36
following:	37

(1) Enters into a written agreement with the environmental	38
protection agency to bring the water system into compliance with	39
drinking water standards within a specified period of time;	40

(2) Brings the water system into compliance with drinking	41
water standards within the time period agreed to under division	42
(B)(1) of this section.	43

(C) A water supplier that operates a public water system is	44
not liable in damages in a civil action to any person for injury,	45
death, or loss to person or property that allegedly arises from	46
the person's consumption of water supplied by the water supplier	47
if all of the following apply:	48

(1) During the period of time that the water supplier	49
supplies water to the person, the water supplied by the water	50
supplier meets all applicable drinking water standards.	51

(2) The water supplier has not been found to be in	52
significant noncompliance with drinking water standards.	53

(3) The injury, death, or loss to person or property is	54
alleged to be caused by a substance for which drinking water	55
standards have been established.	56

(D)(1) This section does not create a new cause of action or	57
substantive legal right against a water supplier.	58

(2) This section does not affect any immunities from civil	59
liability or defenses established by another section of the	60
Revised Code or available at common law to which a water supplier	61
may be entitled under circumstances not covered by this section.	62

(3) This section does not create immunity from civil	63
liability for violations of section 6109.31 of the Revised Code.	64