French General Code of Local Authorities
In forceI. - Every water bill includes an amount calculated on the basis of the volume actually consumed by the subscriber and may, in addition, include an amount calculated independently of this volume on the basis of the fixed costs of the service and the characteristics of the connection, in particular the number of dwellings served.
This amount may not exceed a ceiling, the calculation methods for which are defined by order of the ministers responsible for the interior, the environment and consumer affairs, after consulting the National Water Committee and the National Consumer Affairs Council. The municipal council or the deliberative assembly of the group of local authorities shall, if necessary, amend the tariffs within two years of the date of publication of this decree. This paragraph is not applicable to the tourist communes referred to in article L. 133-11 of the Tourism Code.
However, on an exceptional basis, when water resources are abundant and a limited number of users are connected to the network, the representative of the State in the department may, under conditions laid down by decree in the Conseil d'Etat, at the request of the mayor or the president of the group of local authorities competent to ensure water distribution, authorise a pricing system that does not include a term proportional to the volume of water consumed.
Drinking water tariffs for domestic customers may take account of the essential nature of drinking water and sanitation for customers in particularly vulnerable situations by providing for a progressive tariff that may include an initial free consumption bracket.
The tariff progression may be modulated by the number of days of consumption. The progressive tariff may be modulated to take account of income and the number of people in the household, although the price per cubic metre of the higher consumption bracket may not exceed twice the average price per cubic metre for a reference consumption set by order of the ministers responsible for the environment and consumer affairs;
II. - When more than 30% of the water resource used for distribution is subject to water allocation rules pursuant to article L. 211-2 of the Environment Code, the municipal council or the deliberative assembly of the group of local authorities shall, within two years of the date of classification as a water distribution zone, review the pricing arrangements with a view to encouraging users to make better use of the resource.
III. - From 1st January 2010 and subject to the second paragraph of I, the amount of the water bill calculated according to the volume actually consumed may be established either on the basis of a uniform rate per cubic metre or on the basis of a progressive rate. This bill shows the price per litre of water.
However, a degressive tariff may be established if more than 70% of the water withdrawal is not subject to water allocation rules pursuant to Article L. 211-2 of the Environment Code.
The municipal council or the deliberative assembly of the grouping of territorial authorities shall, if necessary, amend the tariff within two years from 1 January 2008 for water allocation zones created on that date and, for other zones, from the date of their classification as a water allocation zone.
When the municipal council or the deliberative assembly of the group of local authorities defines a progressive or degressive tariff according to water consumption, it may define, for apartment blocks, a specific scale taking into account the number of dwellings.
When assistance with the payment of water bills concerns the distribution of drinking water and sanitation, an agreement specifying the terms and conditions of payment of the assistance is signed between the service responsible for billing the water, the service managers and the local authorities whose fees the service collects.
III bis. - As soon as the drinking water utility notices an abnormal increase in the volume of water consumed by the occupant of a dwelling likely to be caused by a leak in a pipe, it informs the subscriber without delay. An increase in the volume of water consumed is abnormal if the volume of water consumed since the last reading exceeds twice the average volume of water consumed by the subscriber or by one or more subscribers who have occupied the dwelling premises for an equivalent period over the previous three years or, failing that, the average volume of water consumed in the subscriber's geographical area in dwelling premises of comparable size and characteristics.
The subscriber is not required to pay the portion of consumption exceeding twice the average consumption if he presents to the drinking water utility, within one month of the information provided for in the first paragraph of this IIIa, a certificate from a plumbing company stating that he has had a leak in his pipes repaired.
The subscriber may request, within the same one-month period, that the drinking water utility check that the meter is working properly. The subscriber is then only liable for payment of the share of consumption exceeding twice the average consumption once the drinking water service has been notified, and after investigation, that this increase is not attributable to a malfunctioning meter.
Failing the information mentioned in the first paragraph of this IIIa, the subscriber is not liable for payment of the share of consumption exceeding twice the average consumption.
The charges and sums provided for in the first paragraph of Article L. 2224-12-2 are calculated taking account of invoiced consumption.
A decree in the Conseil d'Etat specifies the procedures for applying this III bis.
IV. - In municipalities where the balance between water resources and consumption is threatened on a seasonal basis, the municipal council or the deliberative assembly of the group of local authorities may define different tariffs for different periods of the year.
