Under the Service Delivery Act cities and counties cannot charge residents outside their jurisdictions water and sewer fees that are arbitrarily higher than the fees charged to residents of their jurisdiction. HB 174 adds that arbitrarily-higher "rates" would also be prohibited and the definition of fees would now include "account fees or other customer fees." If the reasonableness of a rate or fee is challenged by a county or city, current law requires that a qualified engineer must prepare a rate study. HB 174 removes the requirement for this rate study.

This bill would allow cities other than Atlanta to impose a special water and sewer projects cost tax.

This bill revises procedures for local governments to come into compliance with EPD water/wastewater pollution rules; making it clear that the EPD Director may notify the violator in writing of the opportunity to perform voluntary remedial action via consent order and authorizing the Director to require a bond or letter of credit to ensure compliance instead of a traditional fine. If a consent order to comply is violated, the local government may have its bond or letter of credit forfeited with that money being deposited into a new fund at the Georgia Environmental Finance Authority to help pay for these compliance projects.