SB53 Alabama 2014 Session

Summary

Primary Sponsor

Rusty Glover

Republican

Session

Regular Session 2014

Title

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

Summary

SB53 would shield water suppliers from most liability claims about water quality if they comply with or obtain exemptions or variances from Alabama's drinking water regulations.

What This Bill Does

The bill adds a new Section 22-23-54 that grants civil immunity to water suppliers and their directors, officers, and employees who substantially comply with or obtain an exemption or variance from ADEM regulations. To overcome this immunity, a plaintiff must prove by clear and convincing evidence that the water substantially failed to comply with certain ADEM regulations, that damages were caused by that noncompliance, and that the noncompliance is not allowed by any variance or exemption granted by ADEM (or by a consent decree or court order). The measure does not create a new cause of action, does not remove other immunities or defenses, and does not weaken ADEM's enforcement authority. It becomes effective on the first day of the third month after passage and governor's approval.

Who It Affects

• Water suppliers (including directors, officers, and employees) in Alabama would receive civil immunity from liability for water quality claims unless the plaintiff proves the specified three elements.
• Consumers or plaintiffs who sue water suppliers for water quality would face a higher burden of proof and may be barred from recovery unless they demonstrate substantial noncompliance, causation, and lack of authorized exemptions or variances.

Key Provisions

• Adds new Section 22-23-54 to provide civil immunity to water suppliers who have substantially complied with, or obtained an exemption or variance from, ADEM regulations.
• To defeat immunity, a plaintiff must prove by clear and convincing evidence: (a) substantial noncompliance with regulations (22-23-33 or 22-23-34); (b) damages proximately caused by that noncompliance; (c) noncompliance is not permitted by a variance or exemption (or other allowed relief) from ADEM.
• The section does not create a new cause of action, does not affect existing immunities or defenses, and does not impair ADEM's enforcement authority.
• Effective date: the act takes effect on the first day of the third month after passage and governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure