H-3320.2 _______________________________________________
HOUSE BILL 2528
_______________________________________________
State of Washington 56th Legislature 2000 Regular Session
By Representatives Cairnes, Cooper, G. Chandler, Dunshee, Tokuda, Linville, Stensen, Lovick, Esser, Kenney, Barlean, Constantine, Murray and Keiser
Read first time 01/17/2000. Referred to Committee on Local Government.
AN ACT Relating to capacity charges for sewage facilities to enhance water quality; and amending RCW 35.58.570.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 35.58.570 and 1996 c 230 s 1602 are each amended to read as follows:
(1) A metropolitan municipal corporation that is engaged in the transmission, treatment, and disposal of sewage may impose a capacity charge on users of the metropolitan municipal corporation's sewage facilities when the user connects, reconnects, or establishes a new service. The capacity charge shall be imposed monthly and approved by the council of the metropolitan municipal corporation and reviewed and reapproved annually.
(((2)))
The capacity charge shall be based upon the cost of the sewage facilities'
excess capacity that is necessary to provide sewerage treatment for new users
to the system. ((The capacity charge, which may be collected over a period
of fifteen years, shall not exceed:
(a)
Seven dollars per month per residential customer equivalent for connections and
reconnections occurring prior to January 1, 1996; and
(b)
Ten dollars and fifty cents per month per residential customer equivalent for
connections and reconnections occurring after January 1, 1996, and prior to
January 1, 2001.
For
connections and reconnections occurring after January 1, 2001, the capacity
charge shall not exceed fifty percent of the basic sewer rate per residential
customer equivalent established by the metropolitan municipal corporation at
the time of the connection or reconnection.
(3)
The capacity charge for a building other than a single-family residence shall
be based on the projected number of residential customer equivalents to be
represented by the building, considering its intended use.
(4))) (2)
A metropolitan municipal corporation may charge property owners seeking to
connect to the sewage facilities of the metropolitan municipal corporation as a
condition to granting the right to so connect, in addition to the cost of such
connection, such reasonable connection charge as the legislative body of the
metropolitan municipal corporation shall determine proper in order that such
property owners shall bear their equitable share of the cost of such system.
The equitable share may include interest charges applied from the date of construction
of the sewage facilities until the connection, or for a period not to exceed
ten years, at a rate commensurate with the rate of interest applicable to the
metropolitan municipal corporation at the time of construction or major
rehabilitation of the sewage facilities, or at the time of installation of the
sewer lines to which the property owner is seeking to connect but not to exceed
ten percent per year: PROVIDED, That the aggregate amount of interest shall
not exceed the equitable share of the cost of the sewage facilities allocated
to such property owners. Connection charges collected shall be considered
revenue of the sewage facilities.
(3) The council of the metropolitan municipal corporation shall enforce the collection of the capacity charge in the same manner provided for the collection, enforcement, and payment of rates and charges for water-sewer districts provided in RCW 57.08.081. At least thirty days before commencement of an action to foreclose a lien for a capacity charge, the metropolitan municipal corporation shall send written notice of delinquency in payment of the capacity charge to any first mortgage or deed of trust holder of record at the address of record.
(((5) As used in this section, "sewage facilities"
means capital projects identified since January 1, 1982, to July 23, 1989, in
the metropolitan municipal corporation's comprehensive water pollution
abatement plan. "Residential customer equivalent" shall have the
same meaning used by the metropolitan municipal corporation in determining
rates and charges at the time the capacity charge is imposed.))
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