AN ACT Relating to
considerations for charges for sewerage and storm water control systems; and
amending RCW 36.89.080, 36.94.140, 35.67.020, 35.67.190, and 35.92.020.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 36.89.080 and 1970
ex.s. c 30 s 7 are each amended to read as follows:
Any ((board of
county commissioners)) county legislative authority may provide by
resolution for revenues by fixing rates and charges for the furnishing of
service to those served or receiving benefits or to be served or to receive
benefits from any storm water control facility or contributing to an increase
of surface water runoff. In fixing rates and charges, the ((board)) county
legislative authority may in its discretion consider: (1) Services
furnished or to be furnished((,)); (2) benefits received or to be
received((,)); (3) the character and use of land((,)) or
its water runoff characteristics; (4) the nonprofit public benefit status,
as defined in RCW 24.03.490, of the land user; or (5) any other
matters which present a reasonable difference as a ground for distinction. ((Such))
The service charges and rates collected shall be deposited in a
special fund or funds in the county treasury to be used only for the purpose of
paying all or any part of the cost and expense of maintaining and operating
storm water control facilities, all or any part of the cost and expense of
planning, designing, establishing, acquiring, developing, constructing and
improving any of such facilities, or to pay or secure the payment of all or any
portion of any issue of general obligation or revenue bonds issued for such
purpose.
Sec. 2. RCW 36.94.140 and 1990 c
133 s 2 are each amended to read as follows:
Every county, in the
operation of a system of sewerage and/or water, shall have full jurisdiction
and authority to manage, regulate, and control it and to fix, alter,
regulate, and control the rates and charges for the service to those to
whom such county service is available, and to levy charges for connection to ((such))
the system. The rates for availability of service and connection
charges so charged must be uniform for the same class of customers or service.
In classifying
customers served, service furnished or made available by such system of
sewerage and/or water, or the connection charges, the ((board)) county
legislative authority may consider any or all of the following factors:
(1) The difference in
cost of service to the various customers within or without the area;
(2) The difference in
cost of maintenance, operation, repair and replacement of the various parts of
the systems;
(3) The different
character of the service furnished various customers;
(4) The quantity and
quality of the sewage and/or water delivered and the time of its delivery;
(5) Capital
contributions made to the system or systems, including, but not limited to,
assessments;
(6) The cost of acquiring
the system or portions of the system in making system improvements necessary
for the public health and safety; ((and))
(7) The nonprofit
public benefit status, as defined in RCW 24.03.490, of the land user; and
(8) Any other
matters which present a reasonable difference as a ground for distinction.
((Such)) The
service charges and rates shall produce revenues sufficient to take care of
the costs of maintenance and operation, revenue bond and warrant interest and
principal amortization requirements, and all other charges necessary for the
efficient and proper operation of the system.
Sec. 3. RCW 35.67.020 and 1991 c
347 s 17 are each amended to read as follows:
Every city and town may
construct, condemn and purchase, acquire, add to, maintain, conduct, and
operate systems of sewerage and systems and plants for refuse collection and
disposal together with additions, extensions, and betterments thereto, within
and without its limits, with full jurisdiction and authority to manage,
regulate, and control them and to fix, alter, regulate, and control the rates
and charges for ((the)) their use ((thereof: PROVIDED, That)).
The rates charged must be uniform for the same class of customers or
service.
In classifying
customers served or service furnished by such system of sewerage, the city or
town legislative body may in its discretion consider any or all of the
following factors: (1) The difference in cost of service to the various
customers; (2) the location of the various customers within and without
the city or town; (3) the difference in cost of maintenance, operation,
repair, and replacement of the various parts of the system; (4) the
different character of the service furnished various customers; (5) the
quantity and quality of the sewage delivered and the time of its delivery; (6)
the achievement of water conservation goals and the discouragement of wasteful
water use practices; (7) capital contributions made to the system,
including but not limited to, assessments; (8) the nonprofit public benefit
status, as defined in RCW 24.03.490, of the land user; and (9) any
other matters which present a reasonable difference as a ground for
distinction.
Sec. 4. RCW 35.67.190 and 1965 c
7 s 35.67.190 are each amended to read as follows:
The legislative body of
such city or town may provide by ordinance for revenues by fixing rates and
charges for the furnishing of service to those served by its system of sewerage
or system for refuse collection and disposal, which rates and charges shall be
uniform for the same class of customer or service. In classifying customers
served or service furnished by such system of sewerage, the city or town
legislative body may in its discretion consider any or all of the following
factors: (1) The difference in cost of service to the various
customers; (2) the location of the various customers within and without
the city or town; (3) the difference in cost of maintenance, operation,
repair, and replacement of the various parts of the system; (4) the
different character of the service furnished various customers; (5) the
quantity and quality of the sewage delivered and the time of its delivery; (6)
capital contributions made to the system, including but not limited to, assessments;
(7) the nonprofit public benefit status, as defined in RCW 24.03.490, of the
land user; and (8) any other matters which present a reasonable
difference as a ground for distinction.
If special indebtedness
bonds or warrants are issued against the revenues, the legislative body shall
by ordinance fix charges at rates which will be sufficient to take care of the
costs of maintenance and operation, bond and warrant principal and interest,
sinking fund requirements, and all other expenses necessary for efficient and
proper operation of the system.
All property owners
within the area served by such sewerage system shall be compelled to connect
their private drains and sewers with such city or town system, under such
penalty as the legislative body of such city or town may by ordinance direct.
Such penalty may in the discretion of such legislative body be an amount equal
to the charge that would be made for sewer service if the property was
connected to such system. All penalties collected shall be considered revenue
of the system.
Sec. 5. RCW 35.92.020 and 1989 c
399 s 6 are each amended to read as follows:
A city or town may
construct, condemn and purchase, purchase, acquire, add to, alter, maintain,
and operate systems, plants, sites, or other facilities of sewerage, or solid
waste handling as defined by RCW 70.95.030, and shall have full authority to
manage, regulate, operate, control, and to fix the price of service of those
systems, plants, sites, or other facilities within and without the limits of
the city or town. The rates charged shall be uniform for the same class of
customers or service. In classifying customers served or service furnished by
a system or systems of sewerage, the legislative authority of the city or town
may in its discretion consider any or all of the following factors: (1)
The difference in cost of service to customers; (2) the location of
customers within and without the city or town; (3) the difference in
cost of maintenance, operation, repair, and replacement of the parts of the
system; (4) the different character of the service furnished customers; (5)
the quantity and quality of the sewage delivered and the time of its delivery; (6)
capital contributions made to the systems, plants, sites, or other facilities,
including but not limited to, assessments; (7) the nonprofit public benefit
status, as defined in RCW 24.03.490, of the land user; and (8) any
other factors that present a reasonable difference as a ground for distinction.
