A bill introduced in California by state senators Anna Caballero and Alexandra Macedo, a Democrat and Republican, respectively, would give water agencies immunity from civil lawsuits regarding chromium-6 contamination in their supply if they are actively working on plans to address the issue.
Caballero argued California Senate Bill 466 is needed so water agencies can concentrate on removing the potentially cancer-causing contaminant from their supply, rather than spending their limited resources on legal cases.
Newsweek contacted state Senators Caballero and Macedo for comment on Thursday via telephone and voicemail message outside of regular office hours.
Why It Matters
Chromium-6 is a known carcinogen, meaning it can cause cancer in humans when inhaled or ingested in certain amounts.
During the 1990s, a case against Pacific Gas and Electric over contamination of its water in Hinkley, California, with chromium-6 resulted in a $333 million settlement and formed the basis of the 2000 movie Erin Brockovich.
According to the Los Banos Enterprise, a newspaper serving the town of 50,000 in central California, water testing has uncovered chromium-6 levels in the settlement above the legal California limit of 10 parts per billion.
What To Know
Senate Bill 466 would protect water suppliers from civil lawsuits over chromium-6 in California, provided they are either implementing a state-approved compliance plan to reduce chromium-6 levels from their water or are waiting to see if a proposed plan is approved. However, the powers of state regulators are not impacted.
The legislation has been endorsed by the City of Los Banos and passed by the California Senate, and is currently making its way through the California State Assembly.
According to the Los Banos Enterprise, city officials estimate reducing chromium-6 levels in water supplied to the town to the state-regulated level will cost around $65 million, around half its annual budget.
Los Banos is expected to submit a compliance plan later in 2025 to the State Water Resources Control Board. If Senate Bill 466 is passed, this would protect water suppliers to the city from civil lawsuits while they work to reduce chromium-6 levels.
In 2019, the Environmental Working Group concluded that chromium-6 is in the drinking water consumed by more than 200 million Americans.
What People Are Saying
Addressing The Fresno Bee, state Senator Caballero said: “The goal of SB 466 is not to block accountability, but to make sure resources go toward fixing the problem — not fighting premature lawsuits while a water system is actively working under state oversight to meet the standard.
“This bill strikes the balance between protecting public health and giving water providers the time and tools they need to deliver safe water without diverting funds to litigation when they are already doing everything required by the state to comply.”
Speaking to non-profit news website CalMatters, Los Banos Mayor Michael Amabile said: “I really don’t want to go down as the mayor that quadruples water rates, so I need the help from the state.”
In a report, California state Senate Judiciary Committee staff wrote: “Immunity from liability tends to strip incentives to act with reasonable care by taking away the consequence of having to pay for any damages caused by doing otherwise.”
In an opinion piece for the publication The Fresno Bee writer Tad Weber said: “A water department as large as Los Banos cannot be brought into legal jeopardy over an inability to pay for a new treatment system that must go online in mere years. Cleaning out chromium-6 will take some time — and money.
“Caballero’s bill seeks to be a buffer while still ensuring the state does not lose any enforcement capability. As strange as it is for a senior Democrat in the Legislature to argue for protecting water agencies with contaminated supplies, in this case it makes sense.”
What Happens Next
The California State Assembly is expected to vote on Senate Bill 466 in August.
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