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The Governance of Water Regulators

The Governance of Water Regulators

(2015)

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Abstract

The establishment of dedicated regulatory bodies in charge of regulating water services, whilst being recent, is nevertheless a consistent trend among OECD and non-OECD countries. This report presents a picture as of September 2014 of the governance arrangements, operational modalities and use of regulatory tools across a sample of 34 established water regulators. It relies on the OECD Best Practice Principles for Regulatory Policy: The Governance of Regulators to structure the information collected through a survey exercise. It has been developed in close co-operation with the OECD Network of Economic Regulators (NER). 
The results from the survey show that the 34 water regulators show generally a high level of adoption of good governance principles and practices. They display functions and powers that are in line with their objectives. Water regulators also show a strong culture of consultation. Other areas, in particular evaluation of regulatory impacts, could be further strengthened.

Table of Contents

Section Title Page Action Price
Cover Cover
Table of contents 5
Acronyms and abbreviations 9
Executive summary 11
Chapter 1: Overview of regulatory frameworks for water services in selected countries 13
The challenges faced in the drinking water and wastewater service sector 14
An overview of regulatory functions for WWS 15
The variety of regulatory arrangements across countries 16
The development of dedicated regulatory bodies for water services 20
Bibliography 24
Chapter 2: Results of the OECD Survey on the Governance of Water Regulators 25
Institutional settings 26
The position of water regulators in the institutional landscape and co-ordination efforts with other relevant entities 26
The regulatory landscape 26
Co-ordination mechanisms 27
The status of the regulatory body and its founding legislation 29
Level of autonomy across various dimensions (political, administrative and financial) 30
Mandate and roles 34
The competencies of regulators 34
Role clarity 36
Scope of activity and market structure 36
Core regulatory functions and powers 38
Economic regulation 40
Monitoring of service performance 41
Regulatory enforcement 42
Customer engagement and protection 43
Internal organisation 45
Personnel 46
Size of regulatory bodies 46
The expertise embedded in the regulatory body 47
Terms of office 48
Financial resources 50
Operating budget of regulators 50
Sources of funding 51
Accountability mechanisms 53
Formal accountability 54
Reporting requirements on the regulator’s activities 54
Appeal processes 55
Tools and mechanisms to ensure regulatory quality 56
Consultation with operators and consumers 57
Consultation with regulated entities 57
Public consultation 57
Impact analysis of regulatory decisions 59
Burden reduction 61
Notes 63
Bibliography 64
Chapter 3: Water regulators factsheets 65
ALBANIA 66
ARMENIA 67
AUSTRALIA/CAPITAL TERRITORY 68
AUSTRALIA/NEW SOUTH WALES 69
AUSTRALIA/VICTORIA 70
AUSTRALIA/WESTERN AUSTRALIA 71
BELGIUM/FLANDERS 72
BRAZIL/RIO GRANDE DO SUL 73
BULGARIA 74
CHILE 75
COLOMBIA 76
ESTONIA 77
HUNGARY 78
INDONESIA 79
IRELAND 80
ITALY 81
KOSOVO 82
LATVIA 83
MALAYSIA 84
MOZAMBIQUE 85
PERU 86
PORTUGAL 87
ROMANIA 88
UKRAINE 89
UNITED KINGDOM/ENGLAND AND WALES 90
UNITED KINGDOM/NORTHERN IRELAND 91
UNITED KINGDOM/SCOTLAND 92
UNITED STATES/HAWAII 93
UNITED STATES/MAINE 94
UNITED STATES/OHIO 95
UNITED STATES/PENNSYLVANIA 96
UNITED STATES/TENNESSEE 97
UNITED STATES/WEST VIRGINIA 98
URUGUAY 99
Annex A: Participants in the OECD Survey on the Governance of Water Regulators 101
Annex B: Water tariff setting methodologies in selected territories 103
Annex C: Selected examples of water performance indicators 107
Drinking Water Services indicators 110
Wastewater Services indicators 110
Glossary 113