08 LC 28
4083
House
Bill 1292
By:
Representatives Wilkinson of the
52nd,
Burkhalter of the
50th,
Geisinger of the
48th,
Martin of the
47th,
Jones of the
46th,
and others
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, if a
service provider charges customers located outside its geographic boundaries a
higher fee than the fee it charges customers receiving water or sewer service
within its geographic boundaries, such service provider shall not be authorized
to use the revenues from fees received from customers located outside its
geographic boundaries to fund the repayment of any bond issues that are related
to any other projects or that are not related to the provision of water or sewer
service to such customers located outside its geographic boundaries; 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
such
service provider.
(B)
If a governing authority disputes the reasonableness of water and sewer rate
differentials 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. Following the preparation of a rate study by a
qualified engineer, the governing authority may challenge the arbitrary rate
differentials 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.
(C)
If a service provider charges customers located outside its geographic
boundaries a higher fee than the fee it charges customers receiving water or
sewer service within its geographic boundaries, such service provider shall not
be authorized to use the revenues from fees received from customers located
outside its geographic boundaries to fund the repayment of any bond issues that
are related to any other projects or that are not related to the provision of
water or sewer service to such customers located outside its geographic
boundaries;".
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.