HOUSE BILL REPORT

                  HB 1126

             As Reported By House Committee On:

                      Local Government

Title:  An act relating to fines for violation of emergency water use restrictions.

Brief Description:  Collecting certain water district fines.

Sponsors:  Representatives Dunshee, H. Myers, Springer and Veloria.

Brief History:

  Reported by House Committee on:

Local Government, January 28, 1993, DP.

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Majority Report:  Do pass.  Signed by 12 members:  Representatives H. Myers, Chair; Bray, Vice Chair; Edmondson, Ranking Minority Member; Reams, Assistant Ranking Minority Member; Dunshee; R. Fisher; Horn; Rayburn; Romero; Springer; Van Luven; and Zellinsky.

Staff:  Steve Lundin (786-7127).

Background:  Water districts are authorized to impose charges for supplying water to customers.  Charges for water service are considered to be against the property that is served.  A water district may notify the county treasurer of any delinquent charges for water service.  If water charges are delinquent for 60 days, a water district may bring a civil action in superior court to foreclose on the delinquency.

Legislation was enacted in 1991 allowing water districts to adopt water conservation plans and emergency water use restrictions and to enforce the plans and restrictions by imposing fines.  An express procedure for a water district to collect the fines was not provided, but a fine becomes a separate item on the customer's water bill.  A water district must certify delinquent fines to the county treasurer.

Summary of Bill:  The requirement is deleted that a water district must certify delinquent water conservation and use restriction fines to the county treasurer.

It is clarified that fines imposed for failing to comply with a water conservation plan and emergency water use restrictions are collected using the procedure by which water service charges are collected, which includes the procedure to foreclose on delinquencies.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  This clarifies how fines are enforced.

Testimony Against:  None.

Witnesses:   (Pro):  Joe Daniels and Bert Lysen, Washington State Water/Wastewater Districts; and David Foster, Washington State Association of Sewer Districts.