SF0149 - Water and sewerage systems.
|
2001 |
State of Wyoming |
01LSO-0574 |
SENATE FILE NO. SF0149
Water and sewerage systems.
Sponsored by: Senator(s) Kinnison and Schiffer and
Representative(s)
Landon
A BILL
for
1 AN ACT relating to
systems of water, water works and
2 sanitary
sewerage services; removing authority of political
3
subdivisions; providing for rate setting by the public
4
service commission; providing definitions; and providing
5 for
an effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section
1. W.S. 15-7-101(a)(ii), 15-7-407(a)(intro),
10 15-7-508(a)(intro), 15-7-509(a), 15-7-602(a)(intro),
11 15-7-703, 16-10-102(a)(iii), 37-1-101
by creating a new
12 subsection (b) and 37-3-101 are
amended to read:
13
14 15-7-101. Purposes.
15
Page 1
1 (a) In addition
to all other powers provided by law,
2 any
city or town may make public improvements as follows
3 for
which bonds may be issued to the contractor or be sold
4 as
provided in this chapter to:
5
6 (ii) Establish,
construct, purchase, extend,
7
maintain and regulate a system of water works, for the
8
purpose of supplying water for extinguishing fires and for
9
domestic, manufacturing and other purposes. To carry out
10 this power, or to prevent pollution or
injury to the
11 streams, springs or source of supply of its
water works,
12 ditches or reservoirs, any city or town may
go beyond its
13 corporate limits and take, hold and acquire
property by
14 purchase or otherwise and may take and
condemn all
15 necessary land and property. Jurisdiction of
a city or town
16 shall extend up and along the stream or
source of supply
17 for the entire distance occupied by such
water works,
18 ditches or reservoirs. Cities or towns may
enact ordinances
19 and make all necessary rules and regulations
for the
20 government and protection of their water
works, ditches and
21 reservoirs, and fix
water rates and provide for their
22 collection. All water rent collected except the
amount
23 required to pay the expense of maintaining,
extending and
24 improving the water works, shall become a
part of the water
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1
bond fund, and be applied only to the payment of the
2
principal and interest of the bonds issued for the
3
construction, purchase, maintaining or extension of the
4
water works;
5
6 15-7-407. Consumer rates; depreciation.
7
8 (a) The board
shall fix the rates for water, sanitary
sewer services and electric
service furnished to customers,
10 and any revision thereof is subject to the
local governing
11 body's review, modification and approval. The Rates
12 collected under
this subsection in conjunction with the
13 rates set for
water and sanitary services by the public
14 service commission
shall secure an income sufficient to:
15
16 15-7-508. Rates; general; amounts; special.
17
18 (a) Any city or
town borrowing money or receiving
19 grants and improving, constructing or
acquiring and
20 improving a sewerage system, shall collect a charge request
21 the public
service commission to set from the users of the
22 system at a
rate sufficient to:
23
Page 2
1 15-7-509. Change of rates; recovery of
unpaid
2 charges; accounts.
3
4 (a) The charges
for the use of the sewerage system
5 may be changed from time to time and except as otherwise
provided in W.S. 15-7-407 shall be fixed at a rate which
equitably distributes the cost of service among the users
9 service
charge is not paid within thirty (30) days after it
10 is due, the amount thereof, together with a
penalty of ten
11 percent (10%), and a reasonable attorney's
fee, may be
12 recovered in a civil action by the city or
town.
13
14 15-7-602. Extension of system; outside
corporate
15 limits; rates; existing contracts; controversies; appeal.
16
17 (a) All cities
and towns owning their municipal water
18 system or plant may enter into agreements
with customers
19 whose lands lie outside the corporate limits
to supply
20 water for their use and needs. The water
system may be
21 extended and maintained beyond the corporate
limits only if
22 it is economically feasible in the opinion
of the governing
23 body. The governing body may finance the
extension and
24 maintenance of the water system through
revenue bonds or
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1
other means granted by law for financing of its water
2
system and improvements. A one-time connection fee
3
reasonably calculated to permit recovery of a proportionate
4
share of the municipality's infrastructure cost necessary
5 to
treat and convey the water may be charged if
approved by
6 the public service commission. A one-time fee may
also be
7 charged
to recover reasonable expenses incurred by the
8 public
entity in determining the actual costs of treating
9 and
delivering water to the point of connection if
approved
10 by the public
service commission. Any charges for special
11 services such as customer's line maintenance
shall be in
12 addition to the water rate.The rate established for use of
water pursuant
to this section is as follows:
14
15 15-7-703. Supplying water; charges;
revision; time
16 period; collection.
17
18 The corporation receiving the franchise to
construct and
19 maintain waterworks shall establish a
schedule of prices to
20 be charged for the use of water by
consumers. The governing
body shall
revise or amend the schedule, if necessary, so
that the charges
are not unreasonable or oppressive. In
establishing the
water rates the governing body shall take
into
consideration the cost of construction of the water
Page 5
1 plant and adjust the rates to be charged upon a basis
equitable to all parties. The
schedule of prices agreed
upon by the governing body are the
prices that the
corporation may charge and receive
for the use of water
within the corporate limits. The
schedule of prices when
fixed is not subject to revision more
often than once every
two (2) years without the permission
of the corporation.
9 commission. The governing
body has full authority to
10 collect all water rents and charges due from
consumers.
11
12 16-10-102. Definitions.
13
14 (a) As used in this act:
15
16 (iii) "Surface
water drainage utility" means an
17 enterprise fund function by which a
governing body provides
18 for public needs in the area of surface
water drainage
19 management and charges user fees established by the public
20 service
commission to finance all or a portion of its
21 operations;
22
23 37-1-101. Definitions.
24
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1 (b) As used in chapter 3 of this title:
2
3 (i) "Systems of
water, water works and sanitary
4 sewerage services" means public
utilities.
5
6 37-3-101. Rates to be just, reasonable
and uniform;
7 exceptions.
8
9 All
rates shall be just and reasonable, and all unjust and
10 unreasonable rates are prohibited. A rate
shall not be
11 considered unjust or unreasonable on the
basis that it is
12 innovative in form or in substance, that it
takes into
13 consideration competitive marketplace
elements or that it
14 provides for incentives to a public utility.
Except as
15 otherwise provided in W.S. 15-7-407, no
public utility
16 shall in any manner charge, demand, collect
or receive from
17 any person greater or less or different
compensation for
18 any service rendered or to be rendered by
the public
19 utility than is charged, demanded, collected
or received by
20 the public utility from any other person for
a like and
21 contemporaneous service under similar
circumstances and
22 conditions. The commission may determine
that rates for the
23 same service may vary depending on cost, the
competitive
24 marketplace, the need for universally
available and
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1
affordable service, the need for contribution to the joint
2 and
common costs of the public utility, volume and other
3
discounts, and other reasonable business practices. Nothing
4 in
this title shall prohibit any public utility from
5
furnishing free or reduced rate service to its current or
6
pensioned employees and dependent family members under
7
rates approved by the commission. For purposes of this
8 chapter, "public utility" includes the systems of
water,
9 water works and sanitary sewerage services of political
10
subdivisions.
11
12 Section 2. W.S.
15-7-101(a)(iii)(B) and
13 15-7-602(a)(i), (ii), (b) and (c) are
repealed.
14
15 Section 3. This act is effective July 1, 2001.
16
17 (END)
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