FINAL BILL REPORT

ESHB 1524

C 297 L 03

Synopsis as Enacted

Brief Description: Restricting utility assessments and charges for certain mobile home parks.

Sponsors: By House Committee on Local Government (originally sponsored by Representatives Schindler, Romero, Crouse, Mielke, Cox, O'Brien, Benson, Berkey, Ericksen, Jarrett, Ahern and Rockefeller).

House Committee on Local Government

Senate Committee on Financial Services, Insurance & Housing

Background:

All cities, towns, and counties (local governments) are authorized to construct, maintain, and operate sewer systems. Local governments do not have express statutory authority to require property owners to connect to a sewer system. If a local government determines that a septic system has failed, however, it is directed to take corrective actions to address the condition.

Unlike local governments, water-sewer districts have express authority to require property owners within an area serviced by the districts' sewers to connect to the sewer system, whether the septic system has failed or not.

In 1998 the Legislature prohibited cities, towns, or counties from requiring that an existing mobile home park replace an existing, functional septic system with a sewer system within the community unless the local board of health determines that the septic system is failing.

Summary:

A city, town, county, local improvement district, utility local improvement district, municipal corporation, political subdivision, or any other person, firm, or corporation may not require a mobile home park to pay a sewer availability charge, standby charge, or any other similar type of charge, including penalties for nonpayment of these charges, until the mobile home park connects to that utility. A local government may only charge a mobile home park prospectively for sewer service once the mobile home park connects to the sewer. This provision applies retroactively to 1993.

Votes on Final Passage:

House 87  7

Senate 31  16  (Senate amended)

House 98  0    (House concurred)

Effective: July 27, 2003