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House of Representatives
Session of 2017 - 2018 Regular Session


Posted: March 31, 2017 12:05 PM
From: Representative Matthew D. Dowling
To: All House members
Subject: Amending the Definition of a Public Utility
In the near future, I plan to introduce legislation to amend the definition of “public utility” in Title 66 to provide an exception for a resort offering water or sewer services to private homes who take service at a point within the property boundaries of the resort.

The bill will clarify the definition of “public utility” to except from applicability, a resort, whose annual revenue demonstrates that its primary business is providing lodging and entertainment for guests and not providing utility service. Further, a resort will not be considered a public utility if it’s annual revenue derived from the provision of water or sewer services is one percent or less of the gross revenues of the resort. A resort will be prohibited from expanding services to any other private properties and must charge rates that are at or below the average rate of similar surrounding municipalities.

This legislation balances the need for consumer protection of private homeowners who live within the boundaries of a resort and receive water or sewer service from the resort with the need to mitigate subjecting a person or entity who provides these services, through a clause within a deed, contract or as a courtesy to full regulation as a public utility.

Please join me in co-sponsoring this important piece of legislation.