08 LC 28
3991
House
Bill 1117
By:
Representatives Willard of the
49th,
Wilkinson of the
52nd,
and Geisinger of the
48th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia
Annotated, relating to service delivery strategy, so as to provide that water
and sewer fees charged to customers located outside the geographic boundaries of
a service provider shall not be higher than the actual cost to provide such
services to such customers; to provide that it shall be against the public
policy of this state for a service provider to provide services to customers
outside of the jurisdiction of a service provider at an amount in excess of the
actual cost of providing such service; to provide for a method of challenging
such rates; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating
to service delivery strategy, is amended by revising paragraph (2) of Code
Section 36-70-24, relating to criteria for service delivery strategy, as
follows:
"(2)(A)
The strategy shall provide that water or sewer fees charged to customers located
outside the geographic boundaries of a service provider shall not be
arbitrarily
higher than the
fees
charged to customers receiving such service which are located within the
geographic boundaries of the service
provider
actual cost of
providing such water or sewer services to the customers outside the geographic
boundaries of the service provider. It shall be against the public policy of
this state for a service provider to provide services to customers outside of
the jurisdiction of a service provider at an amount in excess of the actual cost
of providing such service.
(B)
If a governing authority disputes the
reasonableness
of water
and
or
sewer rate
differentials
rates
imposed within its jurisdiction by another governing authority, that disputing
governing authority may hold a public hearing for the purpose of reviewing the
rate
differential
rates.
Following the preparation of a rate study by a qualified engineer, the governing
authority may challenge the
arbitrary
rate differentials
rates
on behalf of its residents in a court of competent jurisdiction. Prior to such
challenge, the dispute shall be submitted to some form of alternative dispute
resolution;".
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.