SSHB652 506 5252
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 652 2022 Regular Session Hilferty
SEWERAGE/N O WATER BD: Provides relative to the Sewerage and Water Board of New
Orleans
Synopsis of Senate Amendments
1.Deletes designation of the Sewerage and Water Board of New Orleans as a
public utility.
2.Authorizes rather than mandates the New Orleans City Council to establish, by
ordinance, procedures regarding billing policies of the board, including the
reduction or modification of customers' bills or charges.
3.Requires the New Orleans City Council to establish a billing ordinance working
group and provides for its purposes and composition.
4.Defines the term "catastrophic failure".
5.Makes technical changes.
Digest of Bill as Finally Passed by Senate
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 grants the New Orleans City Council (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
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court. Further provides that failure to obey a subpoena may be punished as a contempt of
court.
Proposed law shall not be construed to limit the power of the legislative auditor.
Proposed law authorizes the city council to establish, by ordinance, procedures regarding the
billing policies of the board. Allows the procedures to reduce or modify a customer's bill and
to waive late charges and interest accrued.
Proposed law requires the city council to establish a billing ordinance review working group.
Requires the working group to review ordinances before any such ordinance may be
considered by the Public Works, Sanitation and Environmental Committee of the city
council. Provides that the findings of the working group shall be made a part of the official
record before consideration of any such ordinance drafted pursuant to proposed law.
Proposed law provides that the working group shall be 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.
(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 city council pursuant to proposed law shall be uniformly
implemented.
Proposed law allows the city council to open an investigation of the board after a catastrophic
failure of the city's sewerage and drainage infrastructure. If the city council requests from
the board, in writing, any information regarding a catastrophic failure, the board is required
to submit the information not later than 30 days after receipt of the written request.
Proposed law defines "catastrophic failure" for the purposes of proposed law.
Proposed law allows the city 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)
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