HLS 14RS-585 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 223
BY REPRESENTATIVES REYNOLDS, FANNIN, AND MONTOUCET
UTILITIES: (Constitutional Amendment) Limits power of the Public Service Commission
to regulate nonprofit water utility cooperatives wholly owned by water users
A JOINT RESOLUTION1
Proposing to amend Article IV, Section 21(C) of the Constitution of Louisiana, to limit the2
power of the Public Service Commission to regulate nonprofit water utility3
cooperatives or corporations wholly owned by water users; to provide for submission4
of the proposed amendment to the electors; and to provide for related matters.5
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members6
elected to each house concurring, that there shall be submitted to the electors of the state of7
Louisiana, for their approval or rejection in the manner provided by law, a proposal to8
amend Article IV, Section 21 of the Constitution of Louisiana, to read as follows:9
§21. Public Service Commission10
Section 21.11
* * *12
(C) Limitation.13
(1) The commission shall have no power to regulate any common carrier or14
public utility owned, operated, or regulated on the effective date of this constitution15
by the governing authority of one or more political subdivisions, except by the16
approval of a majority of the electors voting in an election held for that purpose;17
however, a political subdivision may reinvest itself with such regulatory power in the18
manner in which it was surrendered. This Paragraph shall not apply to safety19
regulations pertaining to the operation of such utilities.20 HLS 14RS-585 ORIGINAL
HB NO. 223
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(2) The commission shall have no power to regulate any nonprofit water1
utility cooperative or corporation wholly owned by water users where each user has2
the voting right to elect the directors of the cooperative or corporation, except by the3
approval of a majority of the owners voting in an election held for that purpose.4
* * *5
Section 2. Be it further resolved that the provisions of the amendment contained in6
this Joint Resolution shall become effective on January 1, 2015.7
Section 3. Be it further resolved that this proposed amendment shall be submitted8
to the electors of the state of Louisiana at the statewide election to be held on November 4,9
2014.10
Section 4. Be it further resolved that on the official ballot to be used at the election,11
there shall be printed a proposition, upon which the electors of the state shall be permitted12
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as13
follows:14
Do you support an amendment to limit the power of the Public Service15
Commission to regulate nonprofit water utility cooperatives wholly owned16
by water users? (Effective January 1, 2015) (Amends Article IV, Section17
21(C))18
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Reynolds HB No. 223
Abstract: Limits the power of the Public Service Commission to regulate nonprofit water
utility cooperatives wholly owned by water users.
Present constitution provides for the regulation of public utilities by the Public Service
Commission (PSC).
Proposed constitutional amendment prohibits the PSC from regulating any nonprofit water
utility cooperative or corporation wholly owned by water users where each user has the right
to vote for the directors of the cooperative.
Provides for an effective date of January 1, 2015. HLS 14RS-585 ORIGINAL
HB NO. 223
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Provides for submission of the proposed amendment to the voters at the statewide election
to be held November 4, 2014.
(Amends Const. Art. IV, §21(C))