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To enact section 6109.35 of the Revised Code to | 1 |
specify that if a water supplier that acquires | 2 |
ownership of an existing water system enters into a | 3 |
written agreement with the Environmental Protection | 4 |
Agency to bring the system into compliance with | 5 |
drinking water standards within a specified period | 6 |
of time and then does so, the water supplier has | 7 |
certain civil immunities concerning the system's | 8 |
previous failure to meet those drinking water | 9 |
standards, and to confer other qualified immunities | 10 |
from tort liability upon a water supplier. | 11 |
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: | 14 |
(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 |