H-2236.2  _______________________________________________

                    SUBSTITUTE HOUSE BILL 2031

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By House Committee on Transportation (originally sponsored by Representative K. Schmidt)

Read first time 03/06/95.

Eliminating the authority to impose storm water facility charges for highway rights of way.

    AN ACT Relating to storm water facility charges for highway; and amending RCW 90.03.525.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 90.03.525 and 1986 c 278 s 54 are each amended to read as follows:

    ((The rate charged by a)) No local government utility ((to)) may charge the department of transportation with respect to state highway right of way or any section of state highway right of way for the construction, operation, and maintenance of storm water control facilities under chapters 35.67, 35.92, 36.89, 36.94, 56.08, and 86.15 RCW((, shall be thirty percent of the rate for comparable real property, except as otherwise provided in this section.  The rate charged to the department with respect to state highway right of way or any section of state highway right of way within a local government utility's jurisdiction shall not, however, exceed the rate charged for comparable city street or county road right of way within the same jurisdiction.  The legislature finds that the aforesaid rates are presumptively fair and equitable because of the traditional and continuing expenditures of the department of transportation for the construction, operation, and maintenance of storm water control facilities designed to control surface water or storm water runoff from state highway rights of way.  The utility imposing the charge and the department of transportation may, however, agree to either higher or lower rates with respect to the construction, operation, or maintenance of any specific storm water control facilities based upon the extent and adequacy of storm water control facilities constructed by the department and upon the actual benefits to state highway rights of way from the storm water control facilities constructed by the local government utility.  If a different rate is agreed to, a report so stating shall be submitted to the legislative transportation committee.  If the local government utility and the department of transportation cannot agree upon the proper rate, and after a report has been submitted to the legislative transportation committee and after ninety days from submission of such report, either may commence an action in the superior court for the county in which the state highway right of way is located to establish the proper rate.  The court in establishing the proper rate shall take into account the extent and adequacy of storm water control facilities constructed by the department and the actual benefits to the sections of state highway rights of way from storm water control facilities constructed, operated, and maintained by the local government utility.  Control of surface water runoff and storm water runoff from state highway rights of way shall be deemed an actual benefit to the state highway rights of way.  The rate for sections of state highway right of way as determined by the court shall be set forth in terms of the percentage of the rate for comparable real property, but shall in no event exceed the rate charged for comparable city street or county road right of way within the same jurisdiction)). The legislature finds that the federal clean water act (national pollution discharge elimination system, 40 C.F.R. parts 122-124), the state water pollution control act, chapter 90.48 RCW, administered by the department of ecology, the construction projects in state waters act, chapter 75.20 RCW, administered by the department of fish and wildlife, and the highway runoff program administered by the Puget Sound water quality authority under chapter 90.70 RCW, mandate adequate provision for the treatment and control of storm water runoff from state highway rights of way owned by the department of transportation.  Appropriations made by the legislature to the department of transportation for the construction, operation, and maintenance of storm water control facilities are intended to address applicable federal and state mandates related to storm water control and treatment.  This section is not intended to limit opportunities for sharing the costs of storm water improvements between cities, counties, and the state.

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