75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 623
Sponsored by Senator JOHNSON (at the request of Mel Olson)
CHAPTER ................
AN ACT
Relating to water utility metering; creating new provisions; and
amending ORS 757.061.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 757.061 is amended to read:
757.061. (1) For the purposes of this section, 'financial
regulation' means regulation under ORS 757.105 to 757.110,
757.135, 757.140, 757.205 to 757.220, 757.400 to 757.460 and
757.480 to 757.495.
(2) Except as provided in this section, water utilities that
serve fewer than 500 customers are not subject to regulation
under this chapter or required to pay the fee provided for in ORS
756.310.
(3) A water utility that serves fewer than 500 customers and
that provides wastewater services to the public inside the
boundaries of a city is subject to regulation under this chapter
and must pay the fee provided for in ORS 756.310.
(4) A water utility that serves fewer than 500 customers and
that is found by the Public Utility Commission to have provided
inadequate or discriminatory service at any time is thereafter
subject to regulation under this chapter and must pay the fee
provided for in ORS 756.310.
(5) A water utility that serves fewer than 500 customers and
that at any time charges an average annual residential rate of
$18 per month or more is thereafter subject to regulation under
this chapter, other than financial regulation, and must pay the
fee provided for in ORS 756.310.
(6) A water utility that serves fewer than 500 customers is
subject to financial regulation under this chapter, and must pay
the fee provided for in ORS 756.310, if:
(a) The Public Utility Commission grants a petition from a
water utility requesting that the water utility be subject to
financial regulation; or
(b) The water utility charges a rate for water service that
exceeds a maximum rate established by the commission under
subsection (7) of this section and 20 percent or more of the
customers of the water utility file a petition with the
commission requesting that the water utility be subject to
financial regulation under this chapter.
(7) { + (a) + } The commission shall adopt rules establishing
maximum rates for water utilities serving fewer than 500
customers for the purpose of determining whether a petition may
be filed under subsection (6)(b) of this section.
Enrolled Senate Bill 623 (SB 623-INTRO) Page 1
{ + (b) To encourage metered water systems for water
utilities serving fewer than 500 customers, the commission shall
establish a higher maximum rate for water utilities with metered
water systems than for water utilities with unmetered
systems. + }
(8) Not less than 60 days before a water utility that serves
fewer than 500 customers increases any rate to exceed any maximum
rate prescribed under subsection (7) of this section, the water
utility shall provide written notice to all of its customers
advising the customers of their right to file a petition under
subsection (6)(b) of this section. The commission shall adopt
rules prescribing the content of the written notice.
SECTION 2. { + The Public Utility Commission shall adopt rules
implementing ORS 757.061 (7)(b) prior to July 1, 2010. + }
----------
Passed by Senate April 29, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 4, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 623 (SB 623-INTRO) Page 2
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 623 (SB 623-INTRO) Page 3