Increased focus on municipalities' responsibility for public water services in times of crisis, high alert and war

The changing security situation and the effects of climate change have a major impact on municipalities in their responsibility to ensure that there is a water supply and wastewater management in densely populated areas. To strengthen Sweden's water service provision in the event of a crisis, heightened alert and war, the government appointed a water preparedness inquiry in 2022. The inquiry submitted its report in December 2024. The proposals mean that municipalities will have increased responsibility for planning, prioritisation and collaboration. Here are the most important things you need to know about the proposals.

Why new rules for water emergency preparedness?

Water supply and sewerage are crucial to the functioning of society, but the current regulatory framework is not adapted to the challenges we face. Climate change with droughts and floods, together with a deteriorating security situation, require improved preparedness. The proposals in the Water Preparedness Inquiry's report in SOU 2024:82 will adapt the Water Services Act to preparedness.

New requirements for prioritisation

The Water Emergency Preparedness Inquiry proposes that the purpose of the Water Services Act should be expanded from meeting household needs to also include safeguarding important public interests in crisis, heightened preparedness and war.

This will be done by introducing a provision stating that the municipality is obliged to prioritise urgent public interests in the event of a crisis or heightened alert. This means, for example, that the needs of health care, care for the elderly and fire protection may be prioritised over the needs of households for water services.

In order for municipalities to be able to prioritise and control use in the event of a crisis, heightened alert or war, the municipality's right to issue regulations is strengthened and the possibility is introduced for municipalities to issue prohibitions and injunctions with penalty payments in order to implement the prioritisation. It also introduces criminal liability with fines as a penalty for those who violate the regulations.

What does this mean in practice? The municipality will have a clearer mandate to manage the operation of the public water system in the event of a crisis and heightened alert to ensure that essential activities can continue to function. The prioritisation requirement is a new obligation for the municipality.

Planning requirements for preparedness and investments

Two plans will be mandatory:

A contingency plan (section 6(e)), which sets out what is required for the operation of public water supply systems in the event of a crisis or heightened alert. It will be adapted to local conditions, decided by the council and updated every term of office.
An investment plan (section 6 h) for the water supply facilities, also decided by the council. At present, an investment plan is required to allocate funds for new investments, but it is proposed that having an up-to-date plan become a general requirement for the municipality.

What does this mean in practice? Municipalities will have increased obligations to develop and keep plans up to date. The design of the plans and more detailed requirements will be set out in regulations and guidance from the authorities.

Stricter requirements for reserve capacity and climate adaptation

According to the proposal, the water utility must ensure that the equipment fulfils reasonable requirements for reserve capacity (section 13). What reserve capacity is needed or how it is to be achieved is to be decided by the municipality. In addition, the scope of the current requirement for water service plans is extended. According to the proposal, the plan must include the measures needed for public water systems to function in a changing climate, instead of only in the event of torrential rain (section 6b).

What does this mean in practice? The municipality will have increased obligations to ensure that the water system can fulfil a certain reserve capacity. However, the scope of the requirement is not clear at present, as municipalities will have to assess this themselves. It is proposed that the authorities develop guidance on this. Municipalities will have increased obligations in relation to water service plans.

Strengthened co-operation and government support

A new section 58 is proposed to introduce a requirement for municipal collaboration, when this is necessary to fulfil the task under the Act. This will be particularly important for smaller municipalities that may find it difficult to maintain their own preparedness capacity.

A government initiative, coordinated by the county administrative board, will support the work of investigating opportunities for collaboration, and a government grant will cover the additional costs of implementing collaboration.

What does this mean in practice? Municipalities will now be obliged to co-operate if they need to in order to meet property owners' needs for public water services. However, the municipality may be eligible for grants for any additional costs.

Investments and increased transparency

Funding opportunities are broadened to include all types of investments, not just new investments. It is also proposed to clarify in section 30 that surpluses in water operations are equalised within a reasonable time, up to five years. The management report is proposed to be included in the separate accounts (section 50).

The proposals are expected to lead to higher investments and ultimately higher water charges, but with improved operational reliability and reduced maintenance debt as a result.

What does this mean in practice? The municipality will have clearer funding and investment options, which could mean increased opportunities to both maintain and prepare facilities. It also means an increased requirement for more comprehensive separate accounts.

How should local authorities prepare

Keep up to date with the legislative process and any changes to the proposed legislation.
Make sure you are up to date on upcoming government regulations and guidance in this area.
Take stock of the spare capacity of your municipal water facilities and identify any gaps in the municipality's water preparedness.
Prepare how the municipality will begin work on a contingency plan and, where appropriate, an investment plan.
Evaluate the need for and conditions for municipal co-operation.

Summary and outlook

The legislative amendments in the water emergency preparedness report entail a change in how the municipalities are to plan and secure water supply and sewerage. The proposed rules broaden the purpose of the Water Services Act, impose new requirements on contingency and investment plans and on the requirements for reserve capacity and co-operation. This means increased obligations for municipalities and utilities. The aim of the amendments is to achieve good water preparedness, i.e. robust and continuous water services that are resilient to security threats and climate change.

The matter is currently being prepared by the Ministry of Climate and Business Affairs and there is no timetable for when a bill will be presented to Parliament. According to the report, the amendments are proposed to apply from the date of entry into force without transitional provisions, which means that the municipalities need to ensure that they are prepared for future planning and prioritisation requirements.

Want to know more?

Lindahl has experts with knowledge in environmental law, planning and building legislation, property law, procurement legislation and other public law. We can offer advice from the early planning stages, business strategies, etc. and of course future legislative changes play a role. Please contact us to discuss what the changes mean for your municipality or company.