HLS 16RS-410 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 154
BY REPRESENTATIVE MONTOUCET
UTILITIES: (Constitutional Amendment) Limits the power of the Public Service
Commission to regulate nonprofit water utility cooperatives wholly owned by water
users
1 A JOINT RESOLUTION
2Proposing to amend Article IV, Section 21(C) of the Constitution of Louisiana, to limit the
3 power of the Public Service Commission to regulate nonprofit water utility
4 cooperatives or corporations wholly owned by water users; to provide for submission
5 of the proposed amendment to the electors; and to provide for related matters.
6 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members
7elected to each house concurring, that there shall be submitted to the electors of the state of
8Louisiana, for their approval or rejection in the manner provided by law, a proposal to
9amend Article IV, Section 21(C) of the Constitution of Louisiana, to read as follows:
10 §21. Public Service Commission
11 Section 21.
12 * * *
13 (C) Limitation.
14 (1) The commission shall have no power to regulate any common carrier or
15 public utility owned, operated, or regulated on the effective date of this constitution
16 by the governing authority of one or more political subdivisions, except by the
17 approval of a majority of the electors voting in an election held for that purpose;
18 however, a political subdivision may reinvest itself with such regulatory power in the
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-410 ENGROSSED
HB NO. 154
1 manner in which it was surrendered. This Paragraph shall not apply to safety
2 regulations pertaining to the operation of such utilities.
3 (2) The commission shall have no power to regulate any nonprofit water
4 utility cooperative or corporation wholly owned by water users where each user has
5 the voting right to elect the directors of the cooperation or corporation, except by the
6 approval of a majority of the owners voting in an election held for that purpose.
7 * * *
8 Section 1. Be it further resolved that the provisions of the amendment contained in
9this Joint Resolution shall become effective on January 1, 2017.
10 Section 2. Be it further resolved that this proposed amendment shall be submitted
11to the electors of the state of Louisiana at the statewide election to be held on November 8,
122016.
13 Section 3. Be it further resolved that on the official ballot to be used at the election,
14there shall be printed a proposition, upon which the electors of the state shall be permitted
15to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as
16follows:
17 Do you support an amendment to limit the power of the Public Service
18 Commission to regulate nonprofit water utility cooperatives wholly owned
19 by water users? (Effective January 1, 2017) (Amends Article IV, Section
20 21(C))
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)]
HB 154 Engrossed 2016 Regular Session Montoucet
Abstract: Limits the power of the PSC to regulate nonprofit water utility cooperatives
wholly owned by waters users.
Present constitution provides for the regulation of public utilities by the 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.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-410 ENGROSSED
HB NO. 154
Provides for an effective date of January 1, 2017.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 8, 2016.
(Amends Const. Art. IV, §21(C))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.