SSHB409 552 4037
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 409 2023 Regular Session Edmonds
UTILITIES: Provides relative to stormwater utility systems
Synopsis of Senate Amendments
1.Requires that the term of the fees be provided for in the board's resolution rather
than in the proposition.
2.Removes provisions for a maximum term on the imposition of the fees and the
renewal of the fees.
Digest of Bill as Finally Passed by Senate
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 parish and municipal governing authorities 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, term, and
amount of the fees shall be as provided in the board's resolution.
(Amends R.S. 33:4161.1)
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