| 6 | | - | To amend Titles 44 and 46 of the Official Code of Georgia Annotated, relating to property1 |
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| 7 | | - | and public utilities and public transportation, respectively, so as to prohibit certain2 |
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| 8 | | - | restrictions on the installation, operation, or maintenance of private water wells for irrigation3 |
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| 9 | | - | purposes on real property; to prohibit covenants running with the land from prohibiting or4 |
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| 10 | | - | restricting property owners from installing, operating, or maintaining private water wells for5 |
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| 11 | | - | irrigation purposes on their property; to prohibit companies that provide water services6 |
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| 12 | | - | through certain water systems in this state from prohibiting or restricting customers of such7 |
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| 13 | | - | company from installing, operating, or maintaining private water wells for irrigation8 |
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| 14 | | - | purposes on such customers' property; to provide for statutory construction; to provide for9 |
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| 15 | | - | definitions; to provide an effective date; to provide for related matters; to repeal conflicting10 |
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| 16 | | - | laws; and for other purposes.11 |
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| 17 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 |
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| 18 | | - | SECTION 1.13 |
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| 19 | | - | Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in14 |
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| 20 | | - | Article 3 of Chapter 5, relating to covenants and warranties, by adding a new Code section15 |
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| 21 | | - | to read as follows:16 |
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| 22 | | - | - 1 - 25 LC 55 0635S |
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| 23 | | - | "44-5-60.1.17 |
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| 24 | | - | (a) No covenant running with the land shall prohibit or restrict a property owner from18 |
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| 25 | | - | installing, operating, or maintaining a water well on such property owner's property that19 |
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| 26 | | - | exclusively provides water for irrigation purposes to such property, provided that such20 |
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| 27 | | - | water well does not provide water to any other parcel of land that is not owned by such21 |
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| 28 | | - | property owner and such property owner does not sell water from such water well or, in22 |
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| 29 | | - | exchange for consideration, authorize the use of such water well by any other person.23 |
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| 30 | | - | (b) Any provision in a covenant running with the land, or any subsidiary document24 |
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| 31 | | - | adopted pursuant to a covenant running with the land, that violates subsection (a) of this25 |
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| 32 | | - | Code section is declared to be contrary to public policy and shall be void and26 |
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| 33 | | - | unenforceable.27 |
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| 34 | | - | (c) It is the intent of the General Assembly that the provisions of this Code section shall28 |
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| 35 | | - | apply to any covenant running with the land, or any subsidiary document adopted pursuant29 |
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| 36 | | - | to a covenant running with the land, regardless of when such covenant running with the30 |
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| 37 | | - | land was created or became effective.31 |
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| 38 | | - | (d) Nothing in this Code section is intended to prevent the application of any provision of32 |
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| 39 | | - | law or regulation of any county, municipality, or consolidated government concerning the33 |
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| 40 | | - | installation, operation, or maintenance of water wells in this state."34 |
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| 41 | | - | SECTION 2.35 |
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| 42 | | - | Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public36 |
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| 43 | | - | transportation, is amended by revising Chapter 10, which is reserved, as follows:37 |
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| 44 | | - | "CHAPTER 1038 |
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| 45 | | - | 46-10-1.39 |
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| 46 | | - | As used in this chapter, the term:40 |
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| 47 | | - | - 2 - 25 LC 55 0635S |
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| 48 | | - | (1) 'Covered water system' means any water system that is owned and operated by a41 |
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| 49 | | - | private company and that provides water services by means of pipes or conduits to 2,00042 |
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| 50 | | - | or more customer service connections in this state. Such term shall not include any water43 |
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| 51 | | - | system that is owned or operated by the state or any political subdivision or authority44 |
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| 52 | | - | thereof.45 |
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| 53 | | - | (2) 'Surface water' means all rivers, streams, branches, creeks, ponds, tributary streams,46 |
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| 54 | | - | drainage basins, natural lakes, and artificial reservoirs and impoundments.47 |
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| 55 | | - | (3) 'Water services' means water services, sanitary sewer services, or both.48 |
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| 56 | | - | (4) 'Water system' means a system for the provision to the public of piped water for49 |
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| 57 | | - | human consumption that is sourced exclusively from surface water, sanitary sewer50 |
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| 58 | | - | services, or both. Such term includes but is not limited to any collection, treatment,51 |
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| 59 | | - | storage, and distribution facilities under the control of the operator of such system and52 |
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| 60 | | - | used primarily in connection with such system and any collection or pretreatment storage53 |
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| 61 | | - | facilities not under such control which are used primarily in connection with such system.54 |
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| 62 | | - | 46-10-2.55 |
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| 63 | | - | (a) No company that owns a covered water system shall enter into or seek to enforce any56 |
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| 64 | | - | contractual provision that prohibits or restricts the ability of any customer of such company57 |
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| 65 | | - | who receives water services from such company through such covered water system from58 |
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| 66 | | - | installing, operating, or maintaining a water well on such customer's property that59 |
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| 67 | | - | exclusively provides water for irrigation purposes to such customer, provided that such60 |
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| 68 | | - | water well does not provide water to any parcel of land that is not owned by such customer61 |
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| 69 | | - | and such customer does not sell water from such water well or, in exchange for62 |
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| 70 | | - | consideration, authorize the use of such water well by any other person.63 |
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| 71 | | - | (b) Any contractual provision entered into by a company that owns a covered water system64 |
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| 72 | | - | that violates the provisions of subsection (a) of this Code section is declared to be contrary65 |
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| 73 | | - | to public policy and shall be void and unenforceable.66 |
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| 74 | | - | - 3 - 25 LC 55 0635S |
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| 75 | | - | (c) It is the intent of the General Assembly that the provisions of this Code section shall67 |
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| 76 | | - | apply to any contractual provision entered into by a company that owns a covered water68 |
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| 77 | | - | system regardless of when such contractual provision was entered into or otherwise became69 |
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| 78 | | - | effective.70 |
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| 79 | | - | 46-10-3.71 |
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| 80 | | - | No company that owns a covered water system shall prohibit any customer of such72 |
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| 81 | | - | company who receives water services from such company through such covered water73 |
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| 82 | | - | system from installing, operating, or maintaining, or discontinue the provision of water74 |
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| 83 | | - | services to such customer solely due to the installation, operation, or maintenance of, a75 |
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| 84 | | - | water well on such customer's property that exclusively provides water for irrigation76 |
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| 85 | | - | services to such customer; provided that such water well does not provide water to any77 |
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| 86 | | - | parcel of land that is not owned by such customer and such customer does not sell water78 |
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| 87 | | - | from such water well or, in exchange for consideration, authorize the use of such water79 |
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| 88 | | - | well by another person.80 |
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| 89 | | - | 46-10-4.81 |
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| 90 | | - | Nothing in this chapter is intended to prevent the application of any provision of law or82 |
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| 91 | | - | regulation of any county, municipality, or consolidated government concerning the83 |
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| 92 | | - | installation, operation, or maintenance of water wells in this state. Reserved."84 |
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| 93 | | - | SECTION 3.85 |
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| 94 | | - | This Act shall become effective on July 1, 2025.86 |
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| 95 | | - | SECTION 4.87 |
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| 96 | | - | All laws and parts of laws in conflict with this Act are repealed.88 |
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| 17 | + | To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and |
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| 18 | + | 1 |
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| 19 | + | public transportation, so as to subject the rates and charges for water services provided2 |
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| 20 | + | through certain water systems in this state to regulation by the Public Service Commission;3 |
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| 21 | + | to provide for the review of certain increases to such rates and charges by the commission;4 |
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| 22 | + | to provide for financial record keeping of companies that own such water systems; to provide5 |
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| 23 | + | for rules and regulations; to provide for assessments and legislative recommendations by the6 |
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| 24 | + | commission; to provide for construction; to provide for definitions; to provide an effective7 |
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| 25 | + | date; to provide for related matters; to repeal conflicting laws; and for other purposes.8 |
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| 26 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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| 27 | + | SECTION 1.10 |
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| 28 | + | Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public11 |
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| 29 | + | transportation, is amended by revising Chapter 10, which is reserved, as follows:12 |
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| 30 | + | H. B. 449 (SUB) |
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| 31 | + | - 1 - 25 LC 55 0562S |
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| 32 | + | "CHAPTER 10 |
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| 33 | + | 13 |
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| 34 | + | 46-10-1.14 |
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| 35 | + | As used in this chapter, the term: |
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| 36 | + | 15 |
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| 37 | + | (1) 'Covered water system' means any water system that is owned and operated by a16 |
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| 38 | + | private company and that provides water services by means of pipes or conduits to 2,00017 |
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| 39 | + | or more customer service connections in this state. Such term shall not include any water18 |
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| 40 | + | system that is owned or operated by the state or any political subdivision or authority19 |
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| 41 | + | thereof.20 |
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| 42 | + | (2) 'Surface water' means all rivers, streams, branches, creeks, ponds, tributary streams,21 |
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| 43 | + | drainage basins, natural lakes, and artificial reservoirs and impoundments.22 |
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| 44 | + | (3) 'Water services' means water services, sanitary sewer services, or both.23 |
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| 45 | + | (4) 'Water system' means a system for the provision to the public of piped water for24 |
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| 46 | + | human consumption that is sourced exclusively from surface water, sanitary sewer25 |
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| 47 | + | services, or both. Such term includes but is not limited to any collection, treatment,26 |
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| 48 | + | storage, and distribution facilities under the control of the operator of such system and27 |
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| 49 | + | used primarily in connection with such system and any collection or pretreatment storage28 |
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| 50 | + | facilities not under such control which are used primarily in connection with such system.29 |
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| 51 | + | 46-10-2.30 |
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| 52 | + | The rates and charges for water services provided through covered water systems shall be31 |
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| 53 | + | just and reasonable and shall be subject to the jurisdiction of the commission as provided32 |
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| 54 | + | in Code Section 46-10-3.33 |
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| 55 | + | 46-10-3.34 |
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| 56 | + | (a) Any increase to the rates or charges for water services provided through a covered35 |
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| 57 | + | water system that would amount to an increase of 15 percent or more to the lowest amount36 |
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| 58 | + | H. B. 449 (SUB) |
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| 59 | + | - 2 - 25 LC 55 0562S |
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| 60 | + | such rates or charges have been set over the prior three calendar years shall be subject to37 |
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| 61 | + | the jurisdiction of the commission as provided in Code Section 46-2-25, including, without38 |
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| 62 | + | limitation, the authority of the commission, upon its election, to enter upon a hearing39 |
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| 63 | + | concerning the lawfulness of such increase, and the company that owns such covered water40 |
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| 64 | + | system shall comply with the notice provisions of subsection (a) of said Code section prior41 |
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| 65 | + | to making such increase to such rates or charges.42 |
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| 66 | + | (b) If a hearing on the lawfulness of an increase to the rates or charges for water services43 |
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| 67 | + | provided through a covered water system is held pursuant to subsection (a) of this Code44 |
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| 68 | + | section and the commission determines at such hearing that such increase is just and45 |
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| 69 | + | reasonable, the commission shall not hold another hearing concerning an increase to the46 |
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| 70 | + | rates or charges for water services provided through such covered water system for a period47 |
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| 71 | + | of three years, unless the company that owns such covered water system intends to increase48 |
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| 72 | + | the rates or charges for such water services during such three-year period by 15 percent or49 |
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| 73 | + | more to the rates or charges found to be just and reasonable by the commission at such50 |
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| 74 | + | hearing.51 |
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| 75 | + | (c) For purposes of calculating whether an increase to the rates or charges for water52 |
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| 76 | + | services provided through a covered water system constitutes an increase of 15 percent or53 |
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| 77 | + | more to the lowest amount such rates or charges have been set over the prior three calendar54 |
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| 78 | + | years, the following shall not be included in such calculation:55 |
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| 79 | + | (1) One-time fees or charges assessed by the company that owns such covered water56 |
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| 80 | + | system for connecting to the water or sewer lines of such covered water system; or57 |
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| 81 | + | (2) Recovered costs that were incurred by the company that owns such covered water58 |
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| 82 | + | system as the result of a flood, tornado, hurricane, earthquake, or other occurrence for59 |
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| 83 | + | which the President of the United States has made a federal disaster declaration under the60 |
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| 84 | + | federal Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.61 |
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| 85 | + | Sections 5121-5206.62 |
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| 86 | + | H. B. 449 (SUB) |
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| 87 | + | - 3 - 25 LC 55 0562S |
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| 88 | + | 46-10-4.63 |
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| 89 | + | A company that owns a covered water system shall keep records relating to its financial64 |
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| 90 | + | condition and profits and losses in accordance with generally accepted accounting65 |
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| 91 | + | principles. Such records shall be made available to the commission upon request.66 |
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| 92 | + | 46-10-5.67 |
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| 93 | + | The commission shall have the power to promulgate reasonable rules and regulations not68 |
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| 94 | + | inconsistent with this chapter or other laws of this state that are necessary to carry out the69 |
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| 95 | + | provisions of this chapter.70 |
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| 96 | + | 46-10-6.71 |
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| 97 | + | The commission shall conduct regular assessments of its jurisdiction over the rates or72 |
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| 98 | + | charges for water services provided through covered water systems as provided in this73 |
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| 99 | + | chapter. When appropriate, the commission may make recommendations to the General74 |
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| 100 | + | Assembly on any legislative changes or revisions to this chapter that may be needed to75 |
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| 101 | + | regulate such rates or charges and to protect the interests of consumers in this state.76 |
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| 102 | + | 46-10-7.77 |
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| 103 | + | Nothing in this chapter shall apply to water services provided by the state or any political78 |
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| 104 | + | subdivision or authority thereof or subject such entities to the jurisdiction of the79 |
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| 105 | + | commission. Reserved."80 |
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| 106 | + | SECTION 2.81 |
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| 107 | + | This Act shall become effective on January 1, 2026.82 |
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| 108 | + | SECTION 3.83 |
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| 109 | + | All laws and parts of laws in conflict with this Act are repealed.84 |
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| 110 | + | H. B. 449 (SUB) |
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