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 652 Engrossed 2022 Regular Session Hilferty
Abstract: Provides that the Sewerage and Water Board is recognized as a public utility subject to
regulation by the New Orleans City Council.
Present law (R.S. 33:4090(A)) requires the owner of any lot of record to bear all costs for initial
connections extended from a property line and for additional costs from the property line to an onsite
facility.
Proposed law retains present law in part but creates an exception to present law which requires the
Sewerage and Water Board (board) to bear the costs of one sewer connection and one water
connection extending from the respective main to the property line for a lot of record which existed
prior to 1954.
Present law (R.S. 33:4071) provides that the public water, sewerage, and drainage systems of the city
of New Orleans shall be constructed, controlled, maintained, and operated by a sewerage and water
board.
Proposed law retains present law and additionally provides that the board is recognized as a public
utility. Provides that the board is subject to regulation as a public utility by the New Orleans City
Council (city council).
Proposed law shall not be construed to limit the power of the legislative auditor.
Proposed law grants the city council the power to compile financial statements and to examine, audit,
or review the books and accounts of the board. Authorizes the city council to examine all papers,
books, accounts, records, files, instruments, documents, films, tapes, and any other forms of
recordation, including but not limited to computers and recording devices.
Proposed law further authorizes the city council, in lieu of examinations of the records and accounts
of the board, to accept an audit or review report prepared by a licensed certified public accountant.
Requires that the audit or review be performed in accordance with generally accepted governmental
auditing standards and the La. Governmental Audit Guide. Further requires that audits be completed
within six months of the close of the board's fiscal year.
Proposed law authorizes the city council to issue subpoenas to the board to compel the production
of public and private books, documents, records, papers, films, tapes, and electronic data processing
media. Provides that if the board refuses to obey a subpoena, a judicial district court may issue an order requiring a board representative to appear before the court. Further provides that failure to
obey a subpoena may be punished as a contempt of court.
Proposed law requires the council to establish procedures regarding the billing policies of the board
and allows the board, through the established procedures, to review, modify, and prohibit the billing
policies of the board. Proposed law also authorizes the council to review bills received by customers
for services provided by the board and to reduce or modify the bill.
Proposed law allows the council to establish an appeals process on behalf of a consumer for a bill
issued by the board.
Proposed law allows the council to waive late charges and interest accrued.
All procedures established by the board pursuant to proposed law shall be uniformly implemented.
Proposed law allows the council to open an investigation of the board after a catastrophic failure of
the city's sewerage and drainage infrastructure.
Proposed law allows the council to require the board to submit reports regarding matters involving
the board or its operations.
Proposed law allows the council to request the attendance of a board representative at certain council
meetings.
Proposed law requires the board to implement provisions of proposed law within 90 days of the
enactment of proposed law.
(Amends R.S. 33:4090(A); Adds R.S. 33:4159.1 and 4159.2)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the original bill:
1. Require the board to bear costs associated with water and sewage connections on a lot
of record which existed prior to 1954.
2. Provide that proposed law does not limit the powers of the legislative auditor.
3. Provide for the powers of the city council.
4. Require the board to implement certain provisions of proposed law within 90 days of
enactment of proposed law.
5. Make technical changes.