Author: Assoc. Prof. Dr. Eng. Galya Bardarska
Assoc. Prof. Dr. Eng. Galya Bardarska graduated from the Faculty of Hydraulic Engineering at the Higher Institute of Architecture and Civil Engineering, specializing in Water Supply and Sewerage. Her scientific and applied work has been carried out at Vodokanalproekt and the Bulgarian Academy of Sciences (Institute of Water Problems, Institute of Economic Studies, and Institute for Climate, Atmosphere and Water Research).
At the international level, she supports the Global Water Partnership in implementing Integrated Water Resources Management in Central and Eastern Europe, including Bulgaria.
She was a Member of the 45th National Assembly.
Currently, she is Chair of the association “Global Water Partnership – Bulgaria” and head of the Bulgarian technical team for the implementation of a European project assessing flood risks from dams and lakes in the Danube basin (LAREDAR).
At first reading, the National Assembly adopted the sixth version of the Water Supply and Sewerage (WSS) dratfb law, drafted since 2020 by the public administration within the Ministry of Regional Development and Public Works (MRDPW), without incorporating the numerous remarks and recommendations submitted during public consultations. The reason for its expedited introduction was explained in an unconventional manner by the Minister of Regional Development and Public Works, who stated: “It is linked to payments under the Recovery Plan, and as an act of collegiality toward our partners, it was submitted to the National Assembly on behalf of the Council of Ministers.”
The significant shortcomings in the draft legislation stem from yet another attempt to mislead the European Commission regarding an alleged reform in the WSS sector, aimed at securing over BGN 300 million for WSS infrastructure, as pledged under the Recovery and Resilience Plan. In reality, no reform has taken place, as the existing governance model for the WSS sector — proven to be ineffective — remains intact. This inefficiency has been demonstrated both by the Temporary Parliamentary Committee tasked with investigating water scarcity issues in the country and by practical experience: hundreds of water consumers continue to endure recurring water restrictions, despite the expenditure of billions in European and national funds in the water sector. It should also be noted that the designated beneficiary of EU funding in the plan — “Bulgarian WSS Holding” EAD, referred to in the dratf WSS law as a public enterprise — failed to prepare the projects required for the absorption of the allocated resources.
Members of Parliament supporting the dratf WSS law have overlooked a legal inconsistency concerning the requirement for a single WSS operator within each designated service area, which contradicts Article 21, paragraph 1, item 8 of the Local Self-Government and Local Administration Act, stipulating that municipal councils govern and administer municipal property. Accordingly, 15 municipal WSS operators’ refusal to join the respective WSS Associations is justified, as these associations lack the capacity and financial resources to responsibly manage state and municipal WSS assets. This is further evidenced by the 2024 Energy and Water Regulatory Commission (EWRC) report, showing that water losses in consolidated WSS companies remain unchanged or have increased, regardless of substantial investments in water infrastructure projects. The water crises in Omurtag, Pernik, Pleven, and other municipalities further illustrate this inefficiency. Once again, the GERB–SDS parliamentary group has announced its intention to revise the consolidation mechanism between first and second reading, advocating for a functional rather than territorial approach.
It is paradoxical that provisions reviewed and approved by the Parliamentary Committee on Regional Policy, Public Works and Local Self-Government — and adopted on first reading — are now being recommended for removal. GERB–SDS has requested the deletion of the water-meter fee proposed by the MRDPW. The proposed two-component tariff structure (comprising an access fee and a service fee covering water treatment, supply, and wastewater collection and treatment) was never endorsed during public consultations. Only now has the same political group acknowledged that the current water pricing model is fundamentally unfair and should not be maintained. The draft law also entirely omits provisions on social assistance for water services.
Numerous additional gaps exist, non-compliance with which will expose the country to infringement proceedings by the European Commission. For example, the draft fails to ensure compliance with drinking water quality requirements pursuant to Directive (EU) 2020/2184, in force since 12 January 2021.
The admission by the Minister of Regional Development and Public Works — as well as by members of Parliament who supported the dratf WSS law — that certain provisions are ill-considered reaffirms the lack of administrative capacity and the disconnect from practical realities. The mechanical replication of clauses from the Water Act and the Act on the Regulation of Water Supply and Sewerage Services, without analysis or consideration of European best practices, will not resolve the longstanding systemic issues in the WSS sector, which has been in crisis for years. For this reason, the Parliamentary Committee on Water Scarcity recommended measures not reflected in the draft law. Additionally, the newly-established National Water Board is expected to propose legislative amendments to the water sector, rendering adoption of the current dratf WSS law premature.
Moreover, advancing WSS legislation in the absence of a national WSS strategy aligned with the European Water Resilience Strategy — particularly without addressing the recommended 10% reduction in water losses by 2030 — risks further sanctions.
The identified deficiencies and omissions necessitate a comprehensive redrafting of the dratf WSS law, requiring time, expertise, and renewed public consultation on substantial amendments. Therefore, the Council of Ministers should withdraw the draft WSS law prepared by the MRDPW from consideration by the National Assembly.