Differentiated management of “water” and “sanitation” skills

2023-03-16 23:00:00

I. – Article L. 5214-16 of the General Local Authorities Code is amended as follows:

1° The I is modified as follows:

a) 6° and 7° are repealed;

b) The thirteenth to last paragraphs are deleted;

2° II is amended as follows:

a) The 6° and 7° are thus restored:

“6° Sanitation of waste water, under the conditions provided for in Article L. 2224-8 of this code;

b) (nouveau) Before 8°, ten paragraphs are inserted as follows:

“The community of municipalities may, with the agreement of the municipal council of the municipalities concerned, delegate, by agreement, all or part of the powers mentioned in 6° and in this 7° as well as the power relating to the management of urban rainwater defined in article L. 2226-1 to one of its member municipalities. When a municipality asks to benefit from a delegation, the deliberative body of the community of municipalities decides on this request within two months.

“The delegation provided for in the second paragraph of this 7° may also be made for the benefit of a syndicate mentioned in Article L. 5212-1 and included in full within the perimeter of the community of municipalities.

“The powers delegated pursuant to 6° and this 7° are exercised in the name and on behalf of the delegating community of municipalities.

“The agreement, concluded between the parties and approved by their deliberative assemblies, specifies the duration of the delegation and its methods of execution. In particular, it specifies the tariff conditions for water and wastewater treatment services on the territory of the community of municipalities. The other terms of this agreement are defined by a Conseil d’Etat decree.

“The powers mentioned in 6° and in this 7° exercised by a community of municipalities may, at any time and in whole or in part, be returned to each of its member municipalities following agreement by at least half of the municipal councils of the member municipalities. , or to one or more of its member municipalities following concordant deliberations by the deliberative body of the community of municipalities and the municipal councils of the member municipalities concerned. Articles L. 1321-1 to L. 1321-6 are applicable to these restitutions of powers.

“The deliberations mentioned in the sixth paragraph of this 7° define the cost of the expenses linked to the powers restored as well as the representative rates of this cost for the public establishment for inter-municipal cooperation and each of its member municipalities or for one or more member municipalities in the conditions provided for in 4 of 3° of B of III of article 85 of the law n° 2005-1719 of December 30, 2005 of finances for 2006.

“The restitution of skills is pronounced by order of the representative or representatives of the State in the department or departments concerned.

“One or more municipalities that are members of a community of municipalities may transfer to the latter, in whole or in part, the powers mentioned in 6° and in this 7° as well as the goods, equipment or public services necessary for their exercise. The transfer takes place following concordant deliberations of the deliberative body of the community of communes and the municipal councils of the member communes concerned. Articles L. 1321-1 to L. 1321-6 are applicable to these transfers of powers.

“The delegation agreements entered into pursuant to the thirteenth to last paragraphs of I of this article, in their wording prior to the entry into force of the law n° of aiming to allow differentiated management of “water” and “sanitation” competences, or of IV of article 14 of the law n° 2019-1461 of December 27, 2019 relating to involvement in local life and proximity to public action remain valid in the absence of modification of the holder of the exercise of “water” and “wastewater treatment” powers ” following the entry into force of the law n° of the aforementioned.

“When the “water” and “wastewater treatment” powers are returned, in whole or in part, to the municipalities, the delegation agreements, concluded pursuant to the thirteenth to last paragraphs of I of this article, in their wording prior to the entry into force of the law n° of the aforementioned, or of IV of article 14 of the law n° 2019-1461 of December 27, 2019 mentioned above, are maintained for a period of one year from the deliberation of the municipal councils deciding on the restitution of the aforementioned powers. The community of municipalities and the municipalities concerned deliberate, during this year, on the principle of delegating all or part of the “water” and “wastewater treatment” competences, or one of them, to the municipalities or delegated unions on the date of the restitution of powers; “.

II (nouveau). – L’article 1is of the law n° 2018-702 of August 3, 2018 relating to the implementation of the transfer of water and sanitation skills to communities of municipalities is repealed.

III (nouveau). – Article 14 of the law n° 2019-1461 of December 27, 2019 relating to involvement in local life and proximity to public action is thus amended:

1° Section II is repealed;

2° The IV is modified as follows:

a) In the first sentence of the first paragraph, the words: “in the second paragraph of I of Article L. 5214-21 and” and the words: “of a community of municipalities exercising on a compulsory or optional basis these powers or the one of them, or in that” are deleted;

b) After the same first paragraph, a paragraph worded as follows is inserted:

“By way of derogation from the second paragraph of I of Article L. 5214-21 of the same code, the unions competent in matters of water, sanitation, management of urban rainwater or in one of these matters, including entirely within the perimeter of a community of municipalities exercising these powers or one of them on an optional basis, are maintained for up to nine months following the assumption of power. The syndicate exercises, on its perimeter, its attributions on behalf of the public establishment of intermunicipal cooperation with its own taxation and reports to it on its activity. » ;

c) The last paragraph is deleted.

IV (nouveau). – III and IV of article 30 of the law n° 2022-217 of February 21, 2022 relating to differentiation, decentralization, deconcentration and carrying various measures to simplify local public action are repealed.

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