Local authorities, their public establishments, public establishments for inter-communal cooperation or mixed syndicates, for the direct operation of an industrial and commercial public service falling within their remit, set up an régie subject to the provisions of Chapter I of Title II of Book II of Part Two, where applicable, after obtaining the opinion of the consultative commission for local public services provided for in Article L. 1413-1.
The operation of public wastewater treatment and urban rainwater management services may give rise to the creation of a single public authority.
When provided on an inter-municipal scale by the same public establishment for inter-municipal cooperation or the same mixed syndicate, the operation of public water and wastewater treatment or urban stormwater management services may give rise to the creation of a single public service company, with legal personality and financial autonomy, in accordance with the provisions of article L. 2221-10, provided that the budgets corresponding to each of these public services remain strictly separate.
The obligation laid down in the first paragraph of this article does not apply when photovoltaic electricity production not exceeding a power threshold defined by joint order of the ministers responsible for energy and local authorities is fed into the public distribution network as part of a self-consumption operation provided for in article L. 315-1 of the Energy Code and, subject to the criteria set by order of the minister responsible for energy, as part of a self-consumption operation provided for in Article L. 315-2 of the same code.