CalMutuals continues to track legislation affecting small water systems and to advocate for the needs and priorities of its members. The bills currently under consideration by state legislators, along with CalMutuals’ positions on each, are outlined below.
CalMutuals has a formal SUPPORT position on the following bills:
SB1001 (Archuleta). Water utility workers: identification card program.
SB 1001 requires the California Office of Emergency Services (Cal OES) to establish a statewide water utility worker identification card program that allows qualified water utility personnel to access disaster-restricted areas to repair and restore water service and protect public health and safety.
SB 1153 (Caballero). Disaster preparedness: urban retail water suppliers and public water systems: wildfire.
As currently written, the bill would require urban water suppliers (with 3,000 service connections or more) serving high- or very-high fire severity zones to include “incident-specific wildfire response procedures” in their disaster preparedness plans beginning Jan. 1, 2028. The bill’s author recognizes that preparing for an emergency may vary based on the needs of the system and area of the state.
Importantly, this bill includes key legislative findings and declarations recognizing the role and limitations of public water systems (of all sizes) during wildfire events that may help to defend against failure-to-protect and inverse condemnation claims, clarifying that:
- “A public water system’s inability to maintain water supply or pressure during a wildfire shall not be considered a substantial cause of resulting damages; and
- The spread of wildfire shall not be considered an inherent risk created by the design, construction, or maintenance of a public water system.”
Water providers are encouraged to join the growing coalition in support of SB 1153. If your water company is interested in participating, you can join the coalition at this LINK.
At our March Board of Directors meeting, the Board adopted formal positions on the following bills:
Position: Oppose, unless amended
AB 1873 (Bennett). County of Ventura: Fire Suppression Backup Energy Source
Assembly Bill 1873 modifies Ventura County–specific requirements for water suppliers related to backup power for critical fire suppression infrastructure during outages. The bill adjusts response timelines, adds reporting and notification requirements, and sets a deadline for emergency preparedness planning.
CalMutuals opposed a similar bill last year and has the same concerns here. The reporting requirements could expose water systems to liability by requiring public disclosure of sensitive emergency response information, increasing the risk of inverse condemnation claims. We appreciate the author’s recognition of mutual aid agreements as an important tool to help smaller, less-resourced systems meet backup power requirements.
Position: Oppose, unless amended
AB 2013 (Bennett). Fire Risk Areas: Water Suppliers: Emergency Preparedness Plan
The bill’s long list of requirements is cumbersome, particularly for smaller systems with less than 500 service connections. The most concerning aspect of the bill is its reference to the “minimum number of and type of water pumps that are necessary to maintain water service for customers while providing an adequate water supply for fire-fighting activities.”
The concern with legislation like this is the underlying assumption that a “wildfire-ready” water system can be built. Many have pointed to the destruction caused by the Eaton and Palisades fires as evidence that, under extreme conditions, no amount of water would have been sufficient to contain the fires, particularly when severe wind events limited or prevented other firefighting efforts. Water systems are designed and constructed to deliver drinking water to their communities.