SB391 Alabama 2015 Session

Summary

Primary Sponsor

Rusty Glover

Republican

Session

Regular Session 2015

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

SB391 would grant civil immunity to qualifying water suppliers that substantially comply with ADEM rules, with specific exceptions.

What This Bill Does

It adds a new Section 22-23-54 to Alabama law to shield certain water suppliers from civil lawsuits for injuries or losses tied to the water they provide, as long as they substantially comply with ADEM regulations. Immunity applies to suppliers organized under specified state codes or that qualify as local governmental units and are permitted by ADEM. Immunity does not apply if the injury was caused by a contaminant or water property to which the state drinking water standards were applied, if the contaminant did not meet those standards creating non-compliance, or if the injury resulted from the supplier's failure to follow Division 335-7 regulations or approved variances/exemptions; and the act becomes effective on the first day of the third month after passage.

Who It Affects

• Qualifying water suppliers (organized under Title 10, Chapter 4 or Title 11, Chapters 50, 88, or 89, or other local governmental units) would gain civil immunity from most civil actions related to water use, provided they substantially comply with ADEM regulations.
• Consumers, businesses, and others who receive or use water from these suppliers would see narrowed ability to sue for damages, with immunity limited by the three specified exceptions.

Key Provisions

• Creates Section 22-23-54 to explicitly grant civil immunity to eligible water suppliers that comply with ADEM regulations.
• Defines eligibility as suppliers organized under specified Alabama Code sections or defined local governmental units permitted by ADEM.
• Sets three exceptions that can override immunity: (1) injury caused by a contaminant or water property the standards were applied to, (2) contaminant did not meet standards causing non-compliance, (3) injury due to failure to act in accordance with Division 335-7 regulations and applicable variances/exemptions.
• States the act takes effect on the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure