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ENGROSSED SENATE BILL 5544
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State of Washington 53rd Legislature 1993 Regular Session
By Senators Hargrove, Owen and Snyder
Read first time 02/02/93. Referred to Committee on Transportation.
AN ACT Relating to local government street utility charges; and amending RCW 82.80.050.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 82.80.050 and 1991 c 141 s 2 are each amended to read as follows:
A city or town electing to own, construct,
maintain, operate, and preserve its streets as a separate street utility may
levy periodic charges for the use or availability of the streets in a total
annual amount of up to fifty percent of the actual costs for maintenance,
operation, and preservation of facilities under the jurisdiction of the street
utility. The rates charged for the use must be uniform for the same class of
service ((and all)). The city or town may elect to levy the charges
on both business and residential properties ((must be subject to the
utility charge)) or residential properties alone. Charges imposed
on businesses shall be measured solely by the number of employees and shall not
exceed the equivalent of two dollars per full-time equivalent employee per
month. Charges imposed against owners or occupants of residential property
shall not exceed two dollars per month per housing unit as defined in RCW
35.95.040. Charges authorized in this section shall not be imposed against
owners of property: (1) Exempt under RCW 84.36.010; (2) exempt from the
leasehold tax under chapter 82.29A RCW; or (3) used for nonprofit or sectarian
purposes, which if said property were owned by such organization would qualify
for exemption under chapter 84.36 RCW. The charges shall not be computed on
the basis of an ad valorem charge on the underlying real property and
improvements. This section shall not be used as a basis to directly or
indirectly charge transportation impact fees or mitigation fees of any kind
against new development. A city or town may contract with any other utility or
local government to provide for billing and collection of the street utility
charges.
In classifying service furnished within the general categories of business and residential, the city or town legislative authority may in its discretion consider any or all of the following factors: The difference in cost of service to the various users or traffic generators; location of the various users or traffic generators within the city or town; the difference in cost of maintenance, operation, construction, repair, and replacement of the various parts of the enterprise and facility; the different character of the service furnished to various users or traffic generators within the city or town; the size and quality of the street service furnished; the time of use or traffic generation; capital contributions made to the facility including but not limited to special assessments; and any other matters that present a reasonable difference as a ground for distinction, or the entire category of business or residential may be established as a single class. The city or town may reduce or exempt charges on residential properties to the extent of their occupancy by low-income senior citizens and low-income disabled citizens as provided in RCW 74.38.070(1), or to the extent of their occupancy by the needy or infirm.
The charges shall be charges against the property and the use thereof and shall become liens and be enforced in the same manner as rates and charges for the use of systems of sewerage under chapter 35.67 RCW.
Any city or town ordinance or resolution creating a street utility must contain a provision granting to any business a credit against any street utility charge the full amount of any commuter or employer tax paid for transportation purposes by that business.
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