SESSION WATCH
Superseded — its companion passed SENATE · SESSION 2026

No. SB 940

Municipal Water and Sewer Utility Rates, Fees, and Charges
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SPONSOR
McClain
FILED BY
Stan McClain — District 9, Republican [search donations]
EFFECTIVE
7/1/2026
COMPANION
CS/CS/HB 1451 — SB 940 was set aside and its companion carried the policy

Filed under Local Government.

PROVIDED SUMMARY

Municipal Water and Sewer Utility Rates, Fees, and Charges; Deleting a limitation on the amount of rates, fees, and charges municipal water and sewer utilities are authorized to impose on consumers for such services outside the boundaries of the municipality; providing for the continuance and phase out of certain bond covenant surcharges; requiring municipalities operating such utilities to submit a specified rate study every 7 years to the Department of Environmental Protection which evaluates certain information, etc.

Full bill text →

Plain English Summary

AI-GENERATED
Ends most surcharges on water and sewer customers outside city limits.

Cities that sell water or sewer service to customers outside their boundaries lose the general authority to add a surcharge of up to 25 percent, or up to 50 percent combined with base rates, on those customers.

A narrow exception survives: a city can still collect a surcharge already needed to meet a bond covenant in place before July 1, 2024, but must phase it out once that debt is refinanced or paid off.

Starting in 2028, and every 7 years after, these municipalities must send the Department of Environmental Protection a rate study covering capital needs, revenue adequacy, and whether costs are shared fairly across customer classes.

Smaller utilities get relief: a municipality with fewer than 10,000 water or sewer customers can ask the department for up to two extra years to finish the study.

KEY PROVISIONS
§ 1 General extraterritorial surcharge authority repealed majors. 180.191

AIThe sentence granting a municipality authority to add a surcharge of up to 25 percent to outside-of-city customers charged the same rate as in-city customers is deleted outright, not merely capped at a different level.

“the municipality may add a surcharge of not more than 25 percent of such rates, fees, and charges to consumers outside the boundaries” bill text, line 32 →
§ 2 Combined-rate 50 percent ceiling also deleted majors. 180.191

AIThe equitable-rate method's own surcharge grant and its separate cap -- limiting combined inside/outside charges to a 50 percent difference -- are deleted together, removing that surcharge authority as well.

“total of all such rates, fees, and charges for the services to consumers outside the boundaries shall not be more than 50 percent in excess” bill text, line 43 →
§ 3 Bond-covenant surcharges survive, but must phase out majors. 180.191

AIA municipality may keep charging a surcharge only to the extent a bond covenant already in effect on July 1, 2024 requires it, and must eliminate that surcharge once the debt is retired or refinanced.

“may continue to impose a surcharge on consumers outside the municipal boundaries only to the extent necessary to comply with the terms of bond covenants” bill text, line 60 →
§ 4 Recurring rate study required for the Department of Environmental Protection moderates. 180.191

AIStarting January 1, 2028 and every seven years after, each municipality covered by this section must file a rate study evaluating capital needs, revenue adequacy, and cost equity across customer classes.

“each municipality subject to subsection (1) shall submit a rate study to the Department of Environmental Protection” bill text, line 67 →
§ 5 Small-utility extension for the rate study technicals. 180.191

AIA municipality serving fewer than 10,000 water or sewer customers may ask the department for up to two additional years to finish the required rate study, on a showing of hardship.

“may petition the department for an extension of up to 2 years to complete the required rate study” bill text, line 78 →
TIMELINE
3/13/2026
Died in Regulated Industries, companion bill(s) passed, see...
1/13/2026
Introduced
1/5/2026
Referred to Regulated Industries; Community Affairs; Rules
12/17/2025
Filed
STATUTES IT CHANGES
s. 180.191
+202 / −140