§ 65-6-13. Establishment of exclusive service area and maximum allowable rates, fees, and charges for water service.

(a)

Effective at 12:01 a.m. on December 7, 2011, the Fairfax County Water Authority shall be the exclusive provider of retail public water service within Fairfax County, Virginia, for any new construction or redevelopment of any dwelling unit and any residential or non-residential structure, unless the Fairfax County Water Authority determines that it cannot make water service available due to a utility-related reason. Notwithstanding any other provision of this Article, any determination by the Fairfax County Water Authority that it cannot make water service available shall be made in accordance with policies, rules, or regulations for the purpose of establishing when a utility-related reason exists that prevents it from supplying water, adopted by the Fairfax County Water Authority after notice and a public hearing. This subsection does not apply to any new construction or redevelopment of any dwelling unit or to any residential or non-residential structure located within the territorial limits of any city or town located within the boundaries of Fairfax County, Virginia.

(b)

Effective at 12:01 a.m. on July 1, 2012, except as provided in this subsection, no provider of retail public water service within Fairfax County, Virginia, shall set, establish, bill, charge, or collect from any user in Fairfax County any rate, fee, or charge for water service that is greater than the corresponding rate, fee, or charge imposed by the Fairfax County Water Authority. Any provider of retail public water service in Fairfax County, Virginia, may submit a written report to the Director of the Fairfax County Department of Public Works and Environmental Services with supporting data to justify any higher rate, fee, or charge that it proposes to set, establish, bill, charge, or collect from any user in Fairfax County. The Director of the Fairfax County Department of Public Works and Environmental Services may request any additional information from such water provider, and from the Fairfax County Water Authority, that he/she deems necessary and gather additional information from any source in determining whether the water provider's proposed rate, fee, or charge is fair and reasonable. The Director of the Fairfax County Department of Public Works and Environmental Services' determination whether or not the rate, fee, or charge proposed by the water service provider would be fair and reasonable, may, upon the written request of the water service provider within ten days from such determination to the Director of the Fairfax County Department of Public Works and Environmental Services, be reviewed by the Fairfax County Board of Supervisors, based on the documentation and information compiled and received in the record by the Director of the Department of Public Works. The Fairfax County Board of Supervisors may allow such proposed rate, fee, or charge to be set, established, billed, charged, and collected from any user in Fairfax County by adopting an ordinance, after giving notice in compliance with Va. Code Ann. Section 15.2-1427(F) and holding a public hearing. Such ordinance, if adopted, will authorize the rate, fee, or charge to be effective for one year from the date authorized. If the water service provider wishes to continue the higher rates, fees or charges thereafter, it must, on an annual basis, submit a written report to the Director of the Fairfax County Department of Public Works and Environmental Services with supporting data to justify the higher rates, fees or charges. The Director of the Fairfax County Department of Public Works and Environmental Services will then follow the same process outlined above for the original submission for every subsequent year in which the municipal water service provider wishes to continue in effect the higher rate, fee or charge. This subsection does not apply to any rate, fee or charge by any city or town for public water service within the territorial limits of that city or town located within the boundaries of Fairfax County, Virginia. This subsection also does not apply to any public water service provider whose rates, fees, and charges to users within Fairfax County are regulated by the State Corporation Commission. (44-11-65.)