Question 13482 — water and sanitation

Summary

Ms. Yolaine de Courson alerts the Minister of Territorial Cohesion and Relations with Local Authorities on the law of August 3, 2018 relating to the implementation of the transfer of water and sanitation powers to communities of municipalities, published in the Official Journal of August 5, 2018. Under certain restricted conditions, municipalities which are part of a community of municipalities will be able to postpone the date of the transfer of water and sanitation skills, or only one of them, on January 1, 2026 (instead of January 1, 2020, as provided for in the NOTRe law). To do this, they must be members of a community of municipalities which (as of August 5, 2018) does not exercise, on an optional or optional basis, water or sanitation skills. This possibility of objecting is also open to municipalities that are members of a community of municipalities which exercises, in an optional manner, the missions relating to the non-collective public sanitation service (defined in III of article L. 2224-8 of the CGCT). In the event of application of these provisions, the full transfer of sanitation competence will not take place on January 1, 2020 and the intermunicipal transfer of missions relating to collective sanitation will be postponed until January 1, 2026. However, with regard to the circular of August 28, 2018, the municipalities members of a community of municipalities exercising only the competence of water production would be refused the right to object to the full postponement of "water" competence to January 1, 2026. While the law targets "competences relating to water or sanitation", this ministerial circular specifies in fact that the right to object is "exclusively reserved for municipalities which are members of communities of municipalities not exercising [ ] the competence in question, including partially, with the notable exception of the non-collective public sanitation service”. In doing so, and by adding this “including partially”, outside the will of the legislator, the circular deprives of the “blocking minority” system all the municipalities that are members of a community of municipalities which partially exercises water jurisdiction. Also, she would like to know the reasons of this discrepancy between what the law provides and the content of the circular which does not reflect the will of the legislator in order to be able to best inform the mayors and elected officials of intermunicipalities.

Machine translation from French. The official text remains authoritative.

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• Yolaine de Courson · auteur

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