GREEN SHEET REDIGEST
HB 652 2022 Regular Session Hilferty
SEWERAGE/N O WATER BD: Provides relative to the Sewerage and Water Board
of New Orleans
DIGEST
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.
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 authorizes the council to establish procedures regarding the billing policies of
the board. Allows the procedures to reduce or modify the bill and to waive late charges and
interest accrued.
Proposed law requires the city council to establish a billing ordinance review working group
comprised of the following members:
(1)The chairman of the New Orleans City Council Budget, Audit, and Board of Review
Committee, or his designee.
(2)The chairman of the New Orleans City Council Public Works, Sanitation, and
Environment Committee, or his designee.
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Prepared by LG Sullivan. (3)The chairman of the New Orleans City Council Governmental Affairs Committee,
or his designee.
(4)A member of the House of Representatives residing in Orleans Parish, or his
designee, appointed by the New Orleans City Council president.
(5)A member of the Senate residing in Orleans Parish, or his designee, appointed by the
New Orleans City Council president.
(6)The executive director of the Sewerage and Water Board of New Orleans, or his
designee.
(7)The president of the Sewerage and Water Board of New Orleans, or his designee.
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.
Effective August 1, 2022.
(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.
The House Floor Amendments to the engrossed bill:
1. Remove a provision of proposed law providing that the Sewerage and Water
Board of New Orleans is subject to regulation as a public utility by the New
Orleans City Council.
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Prepared by LG Sullivan. Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and Governmental
Affairs to the reengrossed bill
1. Delete designation of the board as a public utility.
2. Allow rather than mandate the city council to establish procedures for reduction
or modification of bills or charges.
3. Establish the billing ordinance working group.
4. Define "catastrophic failure".
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Prepared by LG Sullivan.