SEWERAGE/N O WATER BD: Provides relative to the Sewerage and Water Board of New Orleans

HLS 26RS-843 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 573
BY REPRESENTATIVE HILFERTY
SEWERAGE/N O WATER BD: Provides relative to the Sewerage and Water Board of
New Orleans
1 AN ACT
2 To amend and reenact R.S. 33:4073 and 4159.2(A) and to enact R.S. 33:4071(G),
3 4121(A)(4) and (K), and 4159.2(D), relative to the city of New Orleans; to provide
4 relative to the Sewerage and Water Board of New Orleans; to provide relative to the
5 composition of the board; to provide relative to the officers of the board; to provide
6 relative to the powers and duties of the board; to provide relative to the powers and
7 duties of the city council with respect to the board; to provide relative to rates
8 established by the board; to provide relative to billing policies of the board; and to
9 provide for related matters.
10 Notice of intention to introduce this Act has been published
11 as provided by Article III, Section 13 of the Constitution of
12 Louisiana.
13 Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 33:4073 and 4159.2(A) are hereby amended and reenacted and R.S.
15 33:4071(G), 4121(A)(4) and (K), and 4159.2(D) are hereby enacted to read as follows:
16 §4071. Creation and organization of sewerage and water board
17 * * *
18 G. The governing authority of the city of New Orleans may adopt ordinances
19 that conflict with the provisions of this Section. If the provisions of an ordinance
20 adopted by the governing authority conflict with the provisions of this Section and
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HLS 26RS-843 ORIGINAL
HB NO. 573
1 the provisions of the ordinance were adopted later than the provisions of this Section
2 were enacted, the provisions of the ordinance shall supercede the provisions of this
3 Section.
4 * * *
5 §4073. Officers of sewerage and water board; compensation of members
6 A. The mayor shall be ex officio president of the board. The board shall
7 elect an executive director, whose salary and bond shall be fixed by the board. The
8 executive director shall hold office at the pleasure of the board. The election or
9 removal of the executive director, the amount of his salary, and the acceptance of his
10 bond shall be determined by a majority vote of the entire board at one of its regular
11 monthly meetings. The duties of the executive director shall be fixed by the board.
12 No member of the board shall receive any salary or compensation for his services,
13 except actual expenses incurred in travelling traveling by authority of, or for the
14 benefit of the board. The board shall have power to elect one of its members
15 president pro tempore who shall act in the absence or disability of the president.
16 B. The governing authority of the city of New Orleans may adopt ordinances
17 that conflict with the provisions of this Section. If the provisions of an ordinance
18 adopted by the governing authority conflict with the provisions of this Section and
19 the provisions of the ordinance were adopted later than the provisions of this Section
20 were enacted, the provisions of the ordinance shall supercede the provisions of this
21 Section.
22 * * *
23 §4121. New Orleans; rate; fixing; private users of sewerage system; revenue bonds
24 A.
25 * * *
26 (4) Notwithstanding any other provision of law to the contrary, the
27 governing authority of the city of New Orleans may establish alternative procedures
28 for rate approval.
29 * * *
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HB NO. 573
1 K. The governing authority of the city of New Orleans may adopt ordinances
2 that conflict with the provisions of this Section. If the provisions of an ordinance
3 adopted by the governing authority conflict with the provisions of this Section and
4 the provisions of the ordinance were adopted later than the provisions of this Section
5 were enacted, the provisions of the ordinance shall supercede the provisions of this
6 Section.
7 * * *
8 §4159.2. Powers of the city council
9 A.(1) The city council may establish, by ordinance, procedures regarding the
10 billing policies of the board, including reducing or modifying a bill received by a
11 customer, or waiving late charges or accrued interest, subject to the authority
12 established by the billing ordinance as set forth in Paragraph (2) of this Subsection.
13 (2) The city council shall establish a billing ordinance working group to
14 review and opine on ordinances before any such ordinance may be considered by the
15 Public Works, Sanitation, and Environmental Committee of the city council,
16 including evaluating the necessity of such an ordinance. This working group shall
17 convene within ninety days of August 1, 2022, to establish procedural guidelines and
18 within thirty days of the filing of an ordinance that impacts any aspect of the
19 Sewerage and Water Board of New Orleans billing process or policies. The findings
20 of this working group shall be made part of the official record before consideration
21 of any such ordinance drafted pursuant to this Section.
22 (3) The billing ordinance review working group shall be comprised of the
23 following members:
24 (a) The chairman of the New Orleans City Council Budget, Audit, and Board
25 of Review Committee, or his designee.
26 (b) The chairman of the New Orleans City Council Public Works, Sanitation,
27 and Environment Committee, or his designee.
28 (c) The chairman of the New Orleans City Council Governmental Affairs
29 Committee, or his designee.
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1 (d) A member of the House of Representatives residing in Orleans Parish,
2 or his designee, appointed by the New Orleans City Council president.
3 (e) A member of the Senate residing in Orleans Parish, or his designee,
4 appointed by the New Orleans City Council president.
5 (f) The executive director of the Sewerage and Water Board of New Orleans,
6 or his designee.
7 (g) The president of the Sewerage and Water Board of New Orleans, or his
8 designee.
9 (4) (2) The procedures established by the city council shall be uniformly
10 implemented so as to prevent special treatment as it relates to any bill modification
11 or amnesty.
12 * * *
13 D. The governing authority of the city of New Orleans may adopt ordinances
14 that conflict with the provisions of this Section. If the provisions of an ordinance
15 adopted by the governing authority conflict with the provisions of this Section and
16 the provisions of the ordinance were adopted later than the provisions of this Section
17 were enacted, the provisions of the ordinance shall supercede the provisions of this
18 Section.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 573 Original 2026 Regular Session Hilferty
Abstract: Provides relative to the board composition, powers and duties, billing policies,
and rates of the Sewerage and Water Board of New Orleans.
Present law provides that the public water system, the public sewerage system, and the
public drainage system of the city of New Orleans shall be constructed, controlled,
maintained, and operated by a sewerage and water board to be composed as follows:
(1) The mayor.
(2) The chair of the Public Works, Sanitation and Environment Committee of the New
Orleans city council or an appointee selected by the council president with a
background in engineering, law, or consumer advocacy selected with the advice and
consent of the city council.
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HB NO. 573
(3) Two syndicate members of the board of liquidation, city debt, to be appointed by the
mayor on the recommendation of the board of liquidation, city debt.
(4) Seven citizens, to be appointed by the mayor, with the advice and consent of the city
council from a list of nominees submitted by the Sewerage and Water Board
Selection Committee.
Present law provides for the composition of the Sewerage and Water Board Selection
Committee. Provides for the filling of vacancies on the board.
Present law authorizes the board to adopt rules and procedures authorizing the adjusting,
releasing, or extinguishing of any indebtedness from a customer's sewerage and water bill
under certain circumstances.
Proposed law retains present law and additionally authorizes the governing authority of the
city of New Orleans to adopt ordinances that conflict with the provisions of present law.
Provides that if the provisions of an ordinance conflict with the provisions of present law and
the provisions of the ordinance were adopted later than the provisions of present law were
enacted, the provisions of the ordinance shall supercede the provisions of present law.
Present law provides that the mayor shall be ex officio president of the board. Requires the
board to elect an executive director, whose salary and bond shall be fixed by the board.
Provides that no member of the board shall receive any salary or compensation for his
services, except actual expenses incurred in traveling by authority of, or for the benefit of
the board. Authorizes the board to elect one of its members president pro tempore who shall
act in the absence or disability of the president.
Proposed law retains present law and additionally authorizes the governing authority of the
city of New Orleans to adopt ordinances that conflict with the provisions of present law.
Provides that if the provisions of an ordinance conflict with the provisions of present law and
the provisions of the ordinance were adopted later than the provisions of present law were
enacted, the provisions of the ordinance shall supercede the provisions of present law.
Present law requires the board to fix the rates to be charged users of the sewerage system,
and to collect the same from all persons who use the sewerage system. Exempts the city of
New Orleans and its public institutions from which no revenue is derived. Additionally
exempts certain accounts of the Orleans Parish School Board.
Present law provides that the rates to be charged the users of the sewerage system shall not
become effective unless and until approved by the Board of Liquidation, City Debt, and by
the council of the city of New Orleans. Requires that the rates be equal and uniform for each
grade or class of customers.
Present law authorizes the board to issue bonds payable solely out of revenues derived from
sewerage service charges for purposes relating to the sewerage system of the city including
the refunding of bonds. Provides further with respect to such bonds.
Proposed law retains present law and authorizes the governing authority of the city of New
Orleans to establish alternative procedures for rate approval. Further authorizes the
governing authority of the city of New Orleans to adopt ordinances that conflict with the
provisions of present law. Provides that if the provisions of an ordinance conflict with the
provisions of present law and the provisions of the ordinance were adopted later than the
provisions of present law were enacted, the provisions of the ordinance shall supercede the
provisions of present law.
Present law authorizes the New Orleans city council to establish, by ordinance, procedures
regarding the billing policies of the board, including reducing or modifying a bill received
by a customer, or waiving late charges or accrued interest. Requires that the procedures
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HB NO. 573
established by the city council be uniformly implemented so as to prevent special treatment
as it relates to any bill modification or amnesty.
Proposed law retains present law and additionally authorizes the governing authority of the
city of New Orleans to adopt ordinances that conflict with the provisions of present law.
Provides that if the provisions of an ordinance conflict with the provisions of present law and
the provisions of the ordinance were adopted later than present law was enacted, the
provisions of the ordinance shall supercede the provisions of present law.
Present law requires the city council to establish a billing ordinance working group to review
and opine on ordinances before any such ordinance may be considered by the Public Works,
Sanitation, and Environmental Committee of the city council, including evaluating the
necessity of such an ordinance. Provides that the working group shall be composed as
follows:
(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.
Proposed law removes present law.
Present law authorizes the city council to open an investigation of the board after the
occurrence of any catastrophic failure of the city's sewerage and drainage infrastructure.
Provides that a catastrophic failure shall be defined as an impact to board-owned-and-
operated equipment or assets that result in a diminished level of service to more than 10,000
customers and an emergency declaration by the board's general superintendent. Requires
that any information regarding such a failure requested in writing from the board by the city
council shall be submitted to the council not later 30 days after receipt of the written request.
Authorizes the city council to request the attendance of a representative of the board at any
meeting of the Public Works, Sanitation, and Environment Committee of the city council.
Proposed law retains present law and additionally authorizes the governing authority of the
city of New Orleans to adopt ordinances that conflict with the provisions of present law.
Provides that if the provisions of an ordinance conflict with the provisions of present law and
the provisions of the ordinance were adopted later than present law was enacted, the
provisions of the ordinance shall supercede the provisions of present law.
(Amends R.S. 33:4073 and 4159.2(A); Adds R.S. 33:4071(G), 4121(A)(4) and (K), and
4159.2(D))
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