Question 15201 — water and sanitation

Summary

Mr. Brahim Hammouche alerts the Minister of Territorial Cohesion and Relations with Local Authorities to Law No. 2018-702 of August 3, 2018 relating to the transfer of “water” and “sanitation” skills to communities of municipalities. This law, the issues of which are multiple and in particular with regard to the "free choice" of municipalities in this area, makes the transfer of skills obligatory and exceptional the " blocking minority”. However, this system is considered by many municipalities to be too restrictive because it de facto excludes from its scope, municipalities which are members of urban communities. Furthermore, ministerial circular Nor INTB1822718J of August 28, 2018 specifies that this right of opposition is “exclusively reserved for municipalities that are members of communities of municipalities exercising, neither on an optional basis nor on an optional basis, the competence in question, including partially, with the notable exception of the non-collective public sanitation service”. As a result, municipalities that are members of a community of municipalities exercising “water production” competence will also not be able to oppose, if they wish, the full transfer of “water” competence from January 1, 2020. The transfer of the water network, which constitutes a fundamental service for those administered, cannot be done in haste. Also, he asks if specific measures will be taken by the Government to clarify the contours of this law and allow, for example, an audit of the infrastructure available in each municipality which would be carried out by the EPCI.

Machine translation from French. The official text remains authoritative.

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