Bill
Number: H.B. 2049
Mesnard
Floor Amendment
Reference
to: House engrossed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1.
Specifies that a municipality is not required to assume a
contractual obligation associated with providing current and future utility
service if:
a)
a municipality assuming the contractual obligation would be
contrary to law;
b)
the contractual obligation being assumed is between the
public utility and one or more of its affiliates; or
c)
the municipality currently provides the service that is
subject to the contractual obligation being assumed and extending service to
the area being condemned would be less expensive over the remaining term of the
contractual obligation than assuming the contractual obligation.
2. Defines
affiliate and contractual obligation.
3. Makes technical
changes.
Fifty-fifth Legislature Mesnard
First
Regular Session H.B. 2049
MESNARD FLOOR AMENDMENT
SENATE AMENDMENTS TO H.B. 2049
(Reference to House engrossed
bill)
Page
1, line 5, strike "definition" insert
"definitions"
Page
2, line 4, after "condemned" insert a period
Strike
lines 5 through 8, insert "a municipality is not required to assume a
contractual obligation under this subsection if any of the following applies:
1. the municipality and all parties to the
contractual obligation agree otherwise.
2. a municipality assuming the contractual
obligation would be contrary to law.
3. the contractual obligation being
assumed is between the public utility and one or more of its affiliates.
4. the municipality currently provides the
service that is subject to the contractual obligation being assumed and
extending that service to the area being condemned would be less expensive over
the remaining term of the contractual obligation than assuming the contractual
obligation.
5. the contractual obligation was executed
on or after the date of the written offer and appraisal that is provided
pursuant to section 12-1116, subsection a."
Page 2, line 9, strike "subsection c of"; strike the comma insert ":
1. "affiliate" means any entity
directly or indirectly controlling or controlled by or under direct or indirect
common control with a public utility regardless of whether the direction of
management policies occurs THROUGH ownership of voting securities, by contract
or otherwise.
2. "Contractual obligation"
means the obligation of the public utility business or enterprise to provide
utility service under a will serve agreement or to construct, extend, expand,
fund or accept utility infrastructure under a line extension agreement, water
or wastewater facilities agreement, master utilities agreement, infrastructure
coordination and financing agreement, main extension agreement or plant
extension agreement or any other similar utility service agreement related to
utility infrastructure.
3."
Amend title to conform