2847-S2 AMH ROAD DAVI 2 Withdrawn February 16, 2002

2SHB 2847 - H AMD

By Representative Roach

     On page 6, after line 3, insert the following:

     "Sec. 5.  RCW 36.89.080 and 1998 c 74 s 1 are each amended to read as follows:

(1) Any 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 county legislative authority may in its discretion consider:(((1))) (a)  Services furnished or to be furnished;(((2))) (b) benefits received or to be received;(((3))) (c) the character and use of land or its water runoff characteristics;(((4))) (d) the nonprofit public benefit status, as defined in RCW 24.03.490, of the land user;(((5))) (e) income level of persons served or provided benefits under this chapter, including senior citizens and disabled persons; or(((6))) (f) any other matters which present a reasonable difference as a ground for distinction. 

(2) The service charges and rates authorized and collected under this section 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.

(3) Each county establishing rates and charges for storm water management under subsection (1) of this section shall provide property owners an administrative process to appeal rates and charges assessed upon the served property.

(4) Each county establishing rates and charges for storm water management under subsection (1) of this section may offer discounts and grants to property owners to achieve the purposes of the storm water management program.

NEW SECTION. Sec. 6.  A new section is added to chapter 35.67 RCW to read as follows:

     (1) Any city or town 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 city or town legislative authority may in its discretion consider:  (a) Services furnished or to be furnished; (b) benefits received or to be received; (c) the character and use of land or its water runoff characteristics; (d) the nonprofit public benefit status, as defined in RCW 24.03.490, of the land user; (e) income level of persons served or provided benefits under this chapter, including senior citizens and disabled persons; or (f) any other matters which present a reasonable difference as a ground for distinction. 

     (2) The service charges and rates authorized and collected under this section shall be deposited in a special fund or funds in the city or town 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.

     (3) Each city or town establishing rates and charges for storm water management under subsection (1) of this section shall provide property owners an administrative process to appeal rates and charges assessed upon the served property.

     (4) Each city or town establishing rates and charges for storm water management under subsection (1) of this section may offer discounts and grants to property owners to achieve the purposes of the storm water management program."

     Renumber the remaining sections consecutively and correct any internal references accordingly.

EFFECT:  Requires that counties have an administrative appeal process; allows counties to offer landowners discounts and grants to achieve the program requirements; and applies the same rate and charge standards to cities and towns.