Question 159 — municipalities

Summary

Mr. Olivier Gaillard draws the attention of the Minister of State, Minister of the Interior, to the effects of the reform resulting from the law of August 7, 2015 on the new territorial organization of the Republic, which, to strengthen community integration, included water and sanitation in the block of compulsory skills of the communities of municipalities, for a transfer organized in two stages by January 1, 2020. Refounding the entire territorial organization, the NOTRe law represents an undeniable step forward. In no way contradicts this observation, nor with the objectives of the NOTRe law, the fact of considering a readjustment allowing the adaptation of the organization of services to the specific characteristics of less urbanized territories. The compulsory transfer of water and sanitation skills to the community of municipalities can generate complex situations and additional costs. The success of union structures within these territories is not trivial since it makes it possible to structure the organization of a service on a fair perimeter. These unions, which are now well structured, risk destabilization due to the fragmentation across several communities caused by the obligation to transfer water and sanitation skills to the community of municipalities. This same obligation, taking into account the fact that water and sanitation skills knew, and still know, various modes of exercise, carries great complexity for intermunicipalities called upon to take over the legal obligations previously subscribed to by municipalities or unions. If management methods of a contractual nature involving delegation of public service continue and are not likely to know that a challenge in the medium term, public management is, on the contrary, much more vulnerable since it can be called into question without delay. This greater vulnerability of public management is also explained by the little room for maneuver available to a community of municipalities which takes over public service delegations, but also a certain number of small authorities. In these cases, it is often called upon to private service providers to manage the water competence of all municipalities. Ultimately, framed within the deadlines provided for by the NOTRe law, the entry of water and sanitation into the block of compulsory skills of communities of municipalities is synonymous with fairly constrained choices for certain territories with less developed public engineering. It appears that a certain number of reasons would encourage one to consider limiting the effects of the reform carried out by the NOTRe law only concerning the transfer of powers from municipalities in matters of water and sanitation to the communities of municipalities of which they are members. He therefore asks him to kindly share his position with regard to two hypotheses aimed at a pragmatic treatment of water management allowing adaptation to the data of local situations which may be very different. There first hypothesis is the maintenance of water and sanitation among the optional powers of the communities of municipalities. The second hypothesis is the extension of the time limit for the transfer to take effect. He asks her for her position on the matter.

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• Olivier Gaillard · auteur

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