GREEN SHEET REDIGEST
HB 409 2023 Regular Session Edmonds
UTILITIES: Provides relative to stormwater utility systems.
DIGEST
Present law authorizes any political subdivision to create one or more stormwater utility
systems to manage stormwater flooding and adopt stormwater utility fees sufficient to plan,
construct, acquire, extend, improve, operate, and maintain stormwater management systems,
either within or without its boundaries. Further provides that any system created pursuant to
present law is a revenue-producing public utility pursuant to present law and shall have all
the rights, powers, and privileges granted to such utilities by present law.
Present law (R.S. 33:4161) defines a "revenue-producing public utility" as a revenue-
producing business or organization that regularly supplies the public with a commodity or
service or any project or undertaking owned and operated by a political subdivision
authorized by present constitution or by present law to issue bonds, from the conduct and
operation of which revenue can be derived.
Proposed law instead authorizes parishes and municipalities to create stormwater
management utility districts as political subdivisions of the state to manage stormwater
flooding. Authorizes such a district to create and operate one or more stormwater
management utility systems within its boundaries. Provides that the governing authority of
the respective parish or municipality shall be the governing authority of the district. Further
provides that any system created pursuant to proposed law is a revenue-producing public
utility as defined in present law and shall have all the rights, powers, and privileges granted
to the utilities by present law.
Proposed law additionally authorizes the districts to levy fees, subject to voter approval, to
aid in the planning, construction, acquisition, extension, improvement, operation, and
maintenance, of stormwater management utility systems. Provides that the purpose and
amount of the fees shall be as provided in the board's resolution. Provides that the fees shall
expire at the end of the term provided for in the proposition authorizing the fees, not to
exceed ten years, but authorizes renewal of the fees. Further provides that if the fees are
renewed, the term the imposition shall be as provided in the proposition authorizing such
renewal, not to exceed ten years.
(Amends R.S. 33:4161.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the reengrossed bill
1. Changes the expiration of the term of the fee from five years to ten years.
2. In the event of a renewal of the fee, changes the renewal period from five
years to ten years.
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Prepared by James Benton.