Adamawa State Water Supply and Sanitation Services Law, 2024

BILL NO. 13 OF 2024 ADAMAWA STATE HOUSE OF ASSEMBLY A BILL FOR A LAW TO PROVIDE FOR ADAMAWA STATE WATER SUPPLY AND SANITATION HYGIENE SERVICES AND FOR OTHER MATTERS INCIDENTAL THERETO APPLICATION This Law shall apply to: 1. Adamawa State Water Services Regulatory Commission 2. Private Sector Participation and Service Providers 3. Adamawa State Water Corporation 4. Adamawa State Small Towns Water Supply and Sanitation Agency 5. Adamawa State Rural Water Supply and Sanitation Agency 6. Relevant Ministries, Departments and Agencies Date of Commencement ( ) Short title and Commencement BE IT ENACTED by the House of Assembly of Adamawa State of Nigeria and by the authority of same as follows: PART I- PRELIMINARY 1. This Law may be cited as Adamawa State Water Supply and Sanitatio� Services Law, 2024 and shall come into operation on ......... 2�. day of. ... �.0. ... 2024. I "San tation serv ces means - (a) the disposal, on-site or off-site, of human excreta, waste water or other effluents; (b) the collection of sewage, excluding untreated toxic waste and storm water, from (c) residential, commercial or industrial sources; or (d) the treatment and disposal of human excreta, waste water and other effluent, in accordance with this Law and the relevant laws or any other written law; "Secretary" means the person appointed in accordance with Sections 19, 39 and 50; "Service area" means the area in which a water utility. or service provider is mandated, under a condition of a license, to supply water or sanitation services; "Service level guarantee" refers to a minimum service: level guaranteed to the consumer by the Service provider at a specified price over a period of time: as approved by the Commission in accordance with Section 14; "Service level agreement refers to an agreement entered into between the Commission and a water utility or service provider where a set of targets are agreed that are to be achieved towards meeting minimum service levels as determined by the commission over a specified period in accordance with Section 14; "Service provider" means a person who provides water and sanitation services and is licensed in accordance with Section 80; "Sewer" means a pipe or conduit , other than a drain for use or conveyance of sewage; 8 ■ Objectives and Guiding Principles with minimum supply standard of 100 litres per capita per day with reticulation and limited or full house connections as determined by the beneficiary government; 'Utility" means a water supply and sanitation utility established in accordance with Sections 87, 88 and licensed in accordance with Section 86; "Water works" includes all gathering grounds, off-takes, reservoirs, dams, weirs, tanks; cisterns, tunnels, filter beds, conduits, aqueducts, mains, pipes, meters, fountains, sluices, valves, hydrants, pumps, prime movers and all other structures and appliances used· or constructed for the storage, conveyance, supply, measurement or regulation of water and sanitation services which are used or have been constructed by or on behalf of a water utility or service provider for water supply or sanitation or sewerage; and "Water works area" means an area of land or water delineated by the Commissioner as an area connected with the supply of water or sanitation or sewerage services. 3. (1) The objective of this Law is to promote and ensure the right of every person in Adamawa State to have access to efficient, effective and sustainable water supply and sanitation services by providing for:- (a) the right of access to basic sanitation and basic water supply necessary to secure sufficient water and an environment not harmful to human health or well-being; (b) the setting of norms and standards for service provision for tariffs in respect of water supply and sanitation services; (c) the preparation and adoption of water services development plans by the Ministry responsible for water resources; (d) a regu atory framework for all utilities and Water Service Providers (e) the establishment of Water Supply and Sanitation service delivery utilities; (f) effective coordination, liaison and coordination of interventions in the management, development and utilization of water resources, by Federal, State and Local Governments as well as other nongovernmental agencies and bodies; (g) the establishment of a Water Supply and Sanitation Service Management system; (h) the promotion of effective water resource management and conservation; (i) coordination, liaison and collaboration with the sector institutions with other National and State agencies in the management, development and utilization of water resources, in accordance with the National Water Resources Policy and Strategy, the State Water Resources Policy and the Water Supply and Sanitation Sector master plan; and; U) facilitate and promote private sector participation in Water Supply and Sanitation. (2) The following fundamental principles shall be taken into account in achieving the objectives of this Law:- (a) water is a finite and vulnerable resource requiring an integrated approach to its management; everyone has a right of access to basic potable water and basic sanitation which right takes precedence over supply for any other uses; 1 1 - Powers of the Commissioner (r) commercialization shall be a feature under this Law and all public water utilities in Urban and small towns and shall be managed as commercial enterprises, free from political interference, autonomous in its managerial, financial, and technical and personnel functions to ensure effective operation, maintenance, and cost recovery; (s) conflict and Dispute resolution will take the form of arbitration, mediation, reconciliation and courts of law as the last resort; (t) the State Government shall ensure that the responsibility for Policy formulation and sector coordination, water supply and sanitation service provision, and sector regulation shall be clearly separated and vested in prescribed institutions; and (u) the water supply and sanitation services regulator shall be independent. PART II- ADMINISTRATION AND PLANNING 4. The Commissioner of Water Resources shall be responsible for:- (a) general oversight as it relates to water supply and sanitation services; (b) providing support, collaboration, liaison and coordination to any federal institution charged with the management of water resources in the State; (c) implementing and periodic review of State Water Resources Policy and Strategies: (d) coordinating and providing technical and financial support for construction of water and sanitation facilities and infrastructure where applicable; 14 ■ Establishment of the Adamawa State Water Services Regulatory Commission Objectives of the Commission service provider, the local authority may contract any person, another local authority, entity, service provider to do so. ( 4) A person, entity, other local authority, water utility or service provider contracted to provide services, in accordance with subsection (3), shall have power to enforce by-laws relating to the provision of water supply and sanitation services issued by the local authority. PART Ill- ADAMAWA STATE WATER SERVICES REGULATORY COMMISSION 8. (1) There is hereby established Adamawa State Water Services Regulatory Commission, (hereinafter referred to as "the Commission"). (2) The Commission shall be a corporate body with perpetual succession and a common seal and sha have power, in its corporate name, to sue and be sued and, in the exercise and performance of its powers and functions, to do and permit all such things as may lawfully be done or permitted by a body corporate. 9. The objective of the Commission is to: (a) promote, regulate and enforce all State Legislation and Water Policies; (b) create, promote, and preserve efficient industry and market structures; ( c) to ensure optimal utilization of resources for the provision of water services; (d) maximize access to water services, by • promoting and facilitating consumer connections to distribution systems in urban areas, small towns and rural areas; (e) to ensure the safety, security, reliability, quality of service in the production and delivery of water consumers; 17