BILL REQ. #: H-4049.1
State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/26/2004. Referred to Committee on Local Government.
AN ACT Relating to rate-based user charges for municipal water, sewer, natural gas, and drainage services; and amending RCW 35.58.220, 35.67.020, 35.92.020, 36.89.080, 36.94.140, 53.08.040, 57.08.005, and 82.02.020.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 35.58.220 and 1999 c 153 s 34 are each amended to read
as follows:
If a metropolitan municipal corporation shall be authorized to
perform the function of metropolitan water supply, it shall have the
following powers in addition to the general powers granted by this
chapter:
(1) To prepare a comprehensive plan for the development of sources
of water supply, trunk supply mains and water treatment and storage
facilities for the metropolitan area.
(2) To acquire by purchase, condemnation, gift or grant and to
lease, construct, add to, improve, replace, repair, maintain, operate
and regulate the use of metropolitan facilities for water supply within
or without the metropolitan area, including buildings, structures,
water sheds, wells, springs, dams, settling basins, intakes, treatment
plants, trunk supply mains and pumping stations, together with all
lands, property, equipment and accessories necessary to enable the
metropolitan municipal corporation to obtain and develop sources of
water supply, treat and store water and deliver water through trunk
supply mains. Water supply facilities which are owned by a city or
special district may be acquired or used by the metropolitan municipal
corporation only with the consent of the legislative body of the city
or special district owning such facilities. Cities and special
districts are hereby authorized to convey or lease such facilities to
metropolitan municipal corporations or to contract for their joint use
on such terms as may be fixed by agreement between the legislative body
of such city or special district and the metropolitan council, without
submitting the matter to the voters of such city or special district.
(3) To fix rates and charges for water supplied by the metropolitan
municipal corporation. Charges imposed under this section for capital
costs must be recovered using rate-based user charges.
(4) To acquire by purchase, condemnation, gift or grant and to
lease, construct, add to, improve, replace, repair, maintain, operate
and regulate the use of facilities for the local distribution of water
in portions of the metropolitan area not contained within any city, or
water-sewer district that operates a water system, and, with the
consent of the legislative body of any city or the water-sewer
district, to exercise such powers within such city or water-sewer
district and for such purpose to have all the powers conferred by law
upon such city or water-sewer district with respect to such local
distribution facilities. All costs of such local distribution
facilities shall be paid for by the area served thereby.
Sec. 2 RCW 35.67.020 and 2003 c 394 s 1 are each amended to read
as follows:
(1) 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. Every city and town has full jurisdiction and authority to
manage, regulate, and control them and, except as provided in
subsection (3) of this section, to fix, alter, regulate, and control
the rates and charges for their use.
(2) Subject to subsection (3) of this section, the rates charged
under this section must be uniform for the same class of customers or
service and facilities furnished. In classifying customers served or
service and facilities furnished by such system of sewerage, the city
or town legislative body may in its discretion consider any or all of
the following factors:
(a) The difference in cost of service and facilities to the various
customers;
(b) The location of the various customers within and without the
city or town;
(c) The difference in cost of maintenance, operation, repair, and
replacement of the various parts of the system;
(d) The different character of the service and facilities furnished
various customers;
(e) The quantity and quality of the sewage delivered and the time
of its delivery;
(f) The achievement of water conservation goals and the
discouragement of wasteful water use practices;
(g) Capital contributions made to the system, including but not
limited to, assessments;
(h) The nonprofit public benefit status, as defined in RCW
24.03.490, of the land user; and
(i) Any other matters which present a reasonable difference as a
ground for distinction.
(3) The rate a city or town may charge under this section for storm
or surface water sewer systems or the portion of the rate allocable to
the storm or surface water sewer system of combined sanitary sewage and
storm or surface water sewer systems shall be reduced by a minimum of
ten percent for any new or remodeled commercial building that utilizes
a permissive rainwater harvesting system. Rainwater harvesting systems
shall be properly sized to utilize the available roof surface of the
building. The jurisdiction shall consider rate reductions in excess of
ten percent dependent upon the amount of rainwater harvested.
(4) Rates or charges for on-site inspection and maintenance
services may not be imposed under this chapter on the development,
construction, or reconstruction of property.
(5) A city or town may provide assistance to aid low-income persons
in connection with services provided under this chapter.
(6) Under this chapter, after July 1, 1998, any requirements for
pumping the septic tank of an on-site sewage system should be based,
among other things, on actual measurement of accumulation of sludge and
scum by a trained inspector, trained owner's agent, or trained owner.
Training must occur in a program approved by the state board of health
or by a local health officer.
(7) Before adopting on-site inspection and maintenance utility
services, or incorporating residences into an on-site inspection and
maintenance or sewer utility under this chapter, notification must be
provided, prior to the applicable public hearing, to all residences
within the proposed service area that have on-site systems permitted by
the local health officer. The notice must clearly state that the
residence is within the proposed service area and must provide
information on estimated rates or charges that may be imposed for the
service.
(8) A city or town shall not provide on-site sewage system
inspection, pumping services, or other maintenance or repair services
under this section using city or town employees unless the on-site
system is connected by a publicly owned collection system to the city
or town's sewerage system, and the on-site system represents the first
step in the sewage disposal process. Nothing in this section shall
affect the authority of state or local health officers to carry out
their responsibilities under any other applicable law.
(9) Capital costs for sewerage and refuse collection must be
recovered using rate-based user charges.
Sec. 3 RCW 35.92.020 and 2003 c 394 s 2 are each amended to read
as follows:
(1) 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 as defined in RCW 35.67.010, or solid
waste handling as defined by RCW 70.95.030. A city or town shall have
full authority to manage, regulate, operate, control, and, except as
provided in subsection (3) of this section, to fix the price of service
and facilities of those systems, plants, sites, or other facilities
within and without the limits of the city or town.
(2) Subject to subsection (3) of this section, the rates charged
shall be uniform for the same class of customers or service and
facilities. In classifying customers served or service and facilities
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:
(a) The difference in cost of service and facilities to customers;
(b) The location of customers within and without the city or town;
(c) The difference in cost of maintenance, operation, repair, and
replacement of the parts of the system;
(d) The different character of the service and facilities furnished
to customers;
(e) The quantity and quality of the sewage delivered and the time
of its delivery;
(f) Capital contributions made to the systems, plants, sites, or
other facilities, including but not limited to, assessments;
(g) The nonprofit public benefit status, as defined in RCW
24.03.490, of the land user; and
(h) Any other factors that present a reasonable difference as a
ground for distinction.
(3) The rate a city or town may charge under this section for storm
or surface water sewer systems or the portion of the rate allocable to
the storm or surface water sewer system of combined sanitary sewage and
storm or surface water sewer systems shall be reduced by a minimum of
ten percent for any new or remodeled commercial building that utilizes
a permissive rainwater harvesting system. Rainwater harvesting systems
shall be properly sized to utilize the available roof surface of the
building. The jurisdiction shall consider rate reductions in excess of
ten percent dependent upon the amount of rainwater harvested. Capital
costs for sewerage and solid waste handling must be recovered using
rate-based user charges.
(4) Rates or charges for on-site inspection and maintenance
services may not be imposed under this chapter on the development,
construction, or reconstruction of property.
(5) A city or town may provide assistance to aid low-income persons
in connection with services provided under this chapter.
(6) Under this chapter, after July 1, 1998, any requirements for
pumping the septic tank of an on-site sewage system should be based,
among other things, on actual measurement of accumulation of sludge and
scum by a trained inspector, trained owner's agent, or trained owner.
Training must occur in a program approved by the state board of health
or by a local health officer.
(7) Before adopting on-site inspection and maintenance utility
services, or incorporating residences into an on-site inspection and
maintenance or sewer utility under this chapter, notification must be
provided, prior to the applicable public hearing, to all residences
within the proposed service area that have on-site systems permitted by
the local health officer. The notice must clearly state that the
residence is within the proposed service area and must provide
information on estimated rates or charges that may be imposed for the
service.
(8) A city or town shall not provide on-site sewage system
inspection, pumping services, or other maintenance or repair services
under this section using city or town employees unless the on-site
system is connected by a publicly owned collection system to the city
or town's sewerage system, and the on-site system represents the first
step in the sewage disposal process. Nothing in this section shall
affect the authority of state or local health officers to carry out
their responsibilities under any other applicable law.
Sec. 4 RCW 36.89.080 and 2003 c 394 s 3 are each amended to read
as follows:
(1) Subject to subsections (2) and (3) of this section, 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:
(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 rate a county may charge under this section for storm water
control facilities shall be reduced by a minimum of ten percent for any
new or remodeled commercial building that utilizes a permissive
rainwater harvesting system. Rainwater harvesting systems shall be
properly sized to utilize the available roof surface of the building.
The jurisdiction shall consider rate reductions in excess of ten
percent dependent upon the amount of rainwater harvested.
(3) Rates and charges authorized under this section may not be
imposed on lands taxed as forest land under chapter 84.33 RCW or as
timber land under chapter 84.34 RCW. Charges imposed under this
section for capital costs must be recovered using rate-based user
charges.
(4) 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. 5 RCW 36.94.140 and 2003 c 394 s 4 are each amended to read
as follows:
(1) 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. Except as provided in subsection (3) of this section,
every county shall have full jurisdiction and authority to fix, alter,
regulate, and control the rates and charges for the service and
facilities to those to whom such service and facilities are available,
and to levy charges for connection to the system.
(2) The rates for availability of service and facilities, and
connection charges so charged must be uniform for the same class of
customers or service and facility. In classifying customers served,
service furnished or made available by such system of sewerage and/or
water, or the connection charges, the county legislative authority may
consider any or all of the following factors:
(a) The difference in cost of service to the various customers
within or without the area;
(b) The difference in cost of maintenance, operation, repair and
replacement of the various parts of the systems;
(c) The different character of the service and facilities furnished
various customers;
(d) The quantity and quality of the sewage and/or water delivered
and the time of its delivery;
(e) Capital contributions made to the system or systems, including,
but not limited to, assessments;
(f) The cost of acquiring the system or portions of the system in
making system improvements necessary for the public health and safety;
(g) The nonprofit public benefit status, as defined in RCW
24.03.490, of the land user; and
(h) Any other matters which present a reasonable difference as a
ground for distinction.
(3) The rate a county may charge under this section for storm or
surface water sewer systems or the portion of the rate allocable to the
storm or surface water sewer system of combined sanitary sewage and
storm or surface water sewer systems shall be reduced by a minimum of
ten percent for any new or remodeled commercial building that utilizes
a permissive rainwater harvesting system. Rainwater harvesting systems
shall be properly sized to utilize the available roof surface of the
building. The jurisdiction shall consider rate reductions in excess of
ten percent dependent upon the amount of rainwater harvested. Charges
imposed under this section for capital costs must be recovered using
rate-based user charges.
(4) A county may provide assistance to aid low-income persons in
connection with services provided under this chapter.
(5) 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. 6 RCW 53.08.040 and 1989 c 298 s 1 are each amended to read
as follows:
A district may improve its lands by dredging, filling, bulkheading,
providing waterways or otherwise developing such lands for industrial
and commercial purposes. A district may also acquire, construct,
install, improve, and operate sewer and water utilities to serve its
own property and other property owners under terms, conditions, and
rates to be fixed and approved by the port commission. A district may
also acquire, by purchase, construction, lease, or in any other manner,
and may maintain and operate other facilities for the control or
elimination of air, water, or other pollution, including, but not
limited to, facilities for the treatment and/or disposal of industrial
wastes, and may make such facilities available to others under terms,
conditions and rates to be fixed and approved by the port commission.
Rates imposed under this section for capital costs must be recovered
using rate-based user charges. Such conditions and rates shall be
sufficient to reimburse the port for all costs, including reasonable
amortization of capital outlays caused by or incidental to providing
such other pollution control facilities: PROVIDED, That no part of
such costs of providing any pollution control facility to others shall
be paid out of any tax revenues of the port: AND PROVIDED FURTHER,
That no port shall enter into an agreement or contract to provide sewer
and/or water utilities or pollution control facilities if substantially
similar utilities or facilities are available from another source (or
sources) which is able and willing to provide such utilities or
facilities on a reasonable and nondiscriminatory basis unless such
other source (or sources) consents thereto.
In the event that a port elects to make such other pollution
control facilities available to others, it shall do so by lease, lease
purchase agreement, or other agreement binding such user to pay for the
use of said facilities for the full term of the revenue bonds issued by
the port for the acquisition of said facilities, and said payments
shall at least fully reimburse the port for all principal and interest
paid by it on said bonds and for all operating or other costs, if any,
incurred by the port in connection with said facilities: PROVIDED,
HOWEVER, That where there is more than one user of any such facilities,
each user shall be responsible for its pro rata share of such costs and
payment of principal and interest. Any port intending to provide
pollution control facilities to others shall first survey the port
district to ascertain the potential users of such facilities and the
extent of their needs. The port shall conduct a public hearing upon
the proposal and shall give each potential user an opportunity to
participate in the use of such facilities upon equal terms and
conditions.
Sec. 7 RCW 57.08.005 and 2003 c 394 s 5 are each amended to read
as follows:
A district shall have the following powers:
(1) To acquire by purchase or condemnation, or both, all lands,
property and property rights, and all water and water rights, both
within and without the district, necessary for its purposes. The right
of eminent domain shall be exercised in the same manner and by the same
procedure as provided for cities and towns, insofar as consistent with
this title, except that all assessment or reassessment rolls to be
prepared and filed by eminent domain commissioners or commissioners
appointed by the court shall be prepared and filed by the district, and
the duties devolving upon the city treasurer are imposed upon the
county treasurer;
(2) To lease real or personal property necessary for its purposes
for a term of years for which that leased property may reasonably be
needed;
(3) To construct, condemn and purchase, add to, maintain, and
supply waterworks to furnish the district and inhabitants thereof and
any other persons, both within and without the district, with an ample
supply of water for all uses and purposes public and private with full
authority to regulate and control the use, content, distribution, and
price thereof in such a manner as is not in conflict with general law
and may construct, acquire, or own buildings and other necessary
district facilities. Where a customer connected to the district's
system uses the water on an intermittent or transient basis, a district
may charge for providing water service to such a customer, regardless
of the amount of water, if any, used by the customer. District
waterworks may include facilities which result in combined water supply
and electric generation, if the electricity generated thereby is a
byproduct of the water supply system. That electricity may be used by
the district or sold to any entity authorized by law to use or
distribute electricity. Electricity is deemed a byproduct when the
electrical generation is subordinate to the primary purpose of water
supply. For such purposes, a district may take, condemn and purchase,
acquire, and retain water from any public or navigable lake, river or
watercourse, or any underflowing water, and by means of aqueducts or
pipeline conduct the same throughout the district and any city or town
therein and carry it along and upon public highways, roads, and
streets, within and without such district. For the purpose of
constructing or laying aqueducts or pipelines, dams, or waterworks or
other necessary structures in storing and retaining water or for any
other lawful purpose such district may occupy the beds and shores up to
the high water mark of any such lake, river, or other watercourse, and
may acquire by purchase or condemnation such property or property
rights or privileges as may be necessary to protect its water supply
from pollution. For the purposes of waterworks which include
facilities for the generation of electricity as a byproduct, nothing in
this section may be construed to authorize a district to condemn
electric generating, transmission, or distribution rights or facilities
of entities authorized by law to distribute electricity, or to acquire
such rights or facilities without the consent of the owner;
(4) To purchase and take water from any municipal corporation,
private person, or entity. A district contiguous to Canada may
contract with a Canadian corporation for the purchase of water and for
the construction, purchase, maintenance, and supply of waterworks to
furnish the district and inhabitants thereof and residents of Canada
with an ample supply of water under the terms approved by the board of
commissioners;
(5) To construct, condemn and purchase, add to, maintain, and
operate systems of sewers for the purpose of furnishing the district,
the inhabitants thereof, and persons outside the district with an
adequate system of sewers for all uses and purposes, public and
private, including but not limited to on-site sewage disposal
facilities, approved septic tanks or approved septic tank systems, on-site sanitary sewerage systems, inspection services and maintenance
services for private and public on-site systems, point and nonpoint
water pollution monitoring programs that are directly related to the
sewerage facilities and programs operated by a district, other
facilities, programs, and systems for the collection, interception,
treatment, and disposal of wastewater, and for the control of pollution
from wastewater with full authority to regulate the use and operation
thereof and the service rates to be charged. Under this chapter, after
July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual
measurement of accumulation of sludge and scum by a trained inspector,
trained owner's agent, or trained owner. Training must occur in a
program approved by the state board of health or by a local health
officer. Sewage facilities may include facilities which result in
combined sewage disposal or treatment and electric generation, except
that the electricity generated thereby is a byproduct of the system of
sewers. Such electricity may be used by the district or sold to any
entity authorized by law to distribute electricity. Electricity is
deemed a byproduct when the electrical generation is subordinate to the
primary purpose of sewage disposal or treatment. For such purposes a
district may conduct sewage throughout the district and throughout
other political subdivisions within the district, and construct and lay
sewer pipe along and upon public highways, roads, and streets, within
and without the district, and condemn and purchase or acquire land and
rights of way necessary for such sewer pipe. A district may erect
sewage treatment plants within or without the district, and may
acquire, by purchase or condemnation, properties or privileges
necessary to be had to protect any lakes, rivers, or watercourses and
also other areas of land from pollution from its sewers or its sewage
treatment plant. For the purposes of sewage facilities which include
facilities that result in combined sewage disposal or treatment and
electric generation where the electric generation is a byproduct,
nothing in this section may be construed to authorize a district to
condemn electric generating, transmission, or distribution rights or
facilities of entities authorized by law to distribute electricity, or
to acquire such rights or facilities without the consent of the owners;
(6)(a) To construct, condemn and purchase, add to, maintain, and
operate systems of drainage for the benefit and use of the district,
the inhabitants thereof, and persons outside the district with an
adequate system of drainage, including but not limited to facilities
and systems for the collection, interception, treatment, and disposal
of storm or surface waters, and for the protection, preservation, and
rehabilitation of surface and underground waters, and drainage
facilities for public highways, streets, and roads, with full authority
to regulate the use and operation thereof and, except as provided in
(b) of this subsection, the service rates to be charged.
(b) The rate a district may charge under this section for storm or
surface water sewer systems or the portion of the rate allocable to the
storm or surface water sewer system of combined sanitary sewage and
storm or surface water sewer systems shall be reduced by a minimum of
ten percent for any new or remodeled commercial building that utilizes
a permissive rainwater harvesting system. Rainwater harvesting systems
shall be properly sized to utilize the available roof surface of the
building. The jurisdiction shall consider rate reductions in excess of
ten percent dependent upon the amount of rainwater harvested.
(c) Drainage facilities may include natural systems. Drainage
facilities may include facilities which result in combined drainage
facilities and electric generation, except that the electricity
generated thereby is a byproduct of the drainage system. Such
electricity may be used by the district or sold to any entity
authorized by law to distribute electricity. Electricity is deemed a
byproduct when the electrical generation is subordinate to the primary
purpose of drainage collection, disposal, and treatment. For such
purposes, a district may conduct storm or surface water throughout the
district and throughout other political subdivisions within the
district, construct and lay drainage pipe and culverts along and upon
public highways, roads, and streets, within and without the district,
and condemn and purchase or acquire land and rights of way necessary
for such drainage systems. A district may provide or erect facilities
and improvements for the treatment and disposal of storm or surface
water within or without the district, and may acquire, by purchase or
condemnation, properties or privileges necessary to be had to protect
any lakes, rivers, or watercourses and also other areas of land from
pollution from storm or surface waters. For the purposes of drainage
facilities which include facilities that also generate electricity as
a byproduct, nothing in this section may be construed to authorize a
district to condemn electric generating, transmission, or distribution
rights or facilities of entities authorized by law to distribute
electricity, or to acquire such rights or facilities without the
consent of the owners;
(7) To construct, condemn, acquire, and own buildings and other
necessary district facilities;
(8) To compel all property owners within the district located
within an area served by the district's system of sewers to connect
their private drain and sewer systems with the district's system under
such penalty as the commissioners shall prescribe by resolution. The
district may for such purpose enter upon private property and connect
the private drains or sewers with the district system and the cost
thereof shall be charged against the property owner and shall be a lien
upon property served;
(9) Where a district contains within its borders, abuts, or is
located adjacent to any lake, stream, ground water as defined by RCW
90.44.035, or other waterway within the state of Washington, to provide
for the reduction, minimization, or elimination of pollutants from
those waters in accordance with the district's comprehensive plan, and
to issue general obligation bonds, revenue bonds, local improvement
district bonds, or utility local improvement bonds for the purpose of
paying all or any part of the cost of reducing, minimizing, or
eliminating the pollutants from these waters;
(10) Subject to subsection (6) of this section, to fix rates and
charges for water, sewer, and drain service supplied and to charge
property owners seeking to connect to the district's systems, as a
condition to granting the right to so connect, ((in addition to)) the
actual cost of the connection((, such reasonable connection charge as
the board of commissioners shall determine to be proper in order that
those property owners shall bear their equitable share of the cost of
the system. For the purposes of calculating a connection charge, the
board of commissioners shall determine the pro rata share of the cost
of existing facilities and facilities planned for construction within
the next ten years and contained in an adopted comprehensive plan and
other costs borne by the district which are directly attributable to
the improvements required by property owners seeking to connect to the
system)). The cost of existing facilities shall not include those
portions of the system which have been donated or which have been paid
for by grants. The connection charge may include interest charges
applied from the date of construction of the system until the
connection, or for a period not to exceed ten years, whichever is
shorter, at a rate commensurate with the rate of interest applicable to
the district at the time of construction or major rehabilitation of the
system, or at the time of installation of the lines to which the
property owner is seeking to connect. A district may permit payment of
the cost of connection and the reasonable connection charge to be paid
with interest in installments over a period not exceeding fifteen
years. The county treasurer may charge and collect a fee of three
dollars for each year for the treasurer's services. Those fees shall
be a charge to be included as part of each annual installment, and
shall be credited to the county current expense fund by the county
treasurer. Revenues from connection charges excluding permit fees are
to be considered payments in aid of construction as defined by
department of revenue rule. Rates or charges for on-site inspection
and maintenance services may not be imposed under this chapter on the
development, construction, or reconstruction of property.
Before adopting on-site inspection and maintenance utility
services, or incorporating residences into an on-site inspection and
maintenance or sewer utility under this chapter, notification must be
provided, prior to the applicable public hearing, to all residences
within the proposed service area that have on-site systems permitted by
the local health officer. The notice must clearly state that the
residence is within the proposed service area and must provide
information on estimated rates or charges that may be imposed for the
service.
A water-sewer district shall not provide on-site sewage system
inspection, pumping services, or other maintenance or repair services
under this section using water-sewer district employees unless the on-site system is connected by a publicly owned collection system to the
water-sewer district's sewerage system, and the on-site system
represents the first step in the sewage disposal process.
Except as otherwise provided in RCW 90.03.525, any public entity
and public property, including the state of Washington and state
property, shall be subject to rates and charges for sewer, water, storm
water control, drainage, and street lighting facilities to the same
extent private persons and private property are subject to those rates
and charges that are imposed by districts. In setting those rates and
charges, consideration may be made of in-kind services, such as stream
improvements or donation of property;
(11) To contract with individuals, associations and corporations,
the state of Washington, and the United States;
(12) To employ such persons as are needed to carry out the
district's purposes and fix salaries and any bond requirements for
those employees;
(13) To contract for the provision of engineering, legal, and other
professional services as in the board of commissioner's discretion is
necessary in carrying out their duties;
(14) To sue and be sued;
(15) To loan and borrow funds and to issue bonds and instruments
evidencing indebtedness under chapter 57.20 RCW and other applicable
laws;
(16) To transfer funds, real or personal property, property
interests, or services subject to RCW 57.08.015;
(17) To levy taxes in accordance with this chapter and chapters
57.04 and 57.20 RCW;
(18) To provide for making local improvements and to levy and
collect special assessments on property benefitted thereby, and for
paying for the same or any portion thereof in accordance with chapter
57.16 RCW;
(19) To establish street lighting systems under RCW 57.08.060;
(20) To exercise such other powers as are granted to water-sewer
districts by this title or other applicable laws; and
(21) To exercise any of the powers granted to cities and counties
with respect to the acquisition, construction, maintenance, operation
of, and fixing rates and charges for waterworks and systems of sewerage
and drainage.
Sec. 8 RCW 82.02.020 and 1997 c 452 s 21 are each amended to read
as follows:
Except only as expressly provided in chapters 67.28 and 82.14 RCW,
the state preempts the field of imposing taxes upon retail sales of
tangible personal property, the use of tangible personal property,
parimutuel wagering authorized pursuant to RCW 67.16.060, conveyances,
and cigarettes, and no county, town, or other municipal subdivision
shall have the right to impose taxes of that nature. Except as
provided in RCW 82.02.050 through 82.02.090, no county, city, town, or
other municipal corporation shall impose any tax, fee, or charge,
either direct or indirect, on the construction or reconstruction of
residential buildings, commercial buildings, industrial buildings, or
on any other building or building space or appurtenance thereto, or on
the development, subdivision, classification, or reclassification of
land. However, this section does not preclude dedications of land or
easements within the proposed development or plat which the county,
city, town, or other municipal corporation can demonstrate are
reasonably necessary as a direct result of the proposed development or
plat to which the dedication of land or easement is to apply.
This section does not prohibit voluntary agreements with counties,
cities, towns, or other municipal corporations that allow a payment in
lieu of a dedication of land or to mitigate a direct impact that has
been identified as a consequence of a proposed development,
subdivision, or plat. A local government shall not use such voluntary
agreements for local off-site transportation improvements within the
geographic boundaries of the area or areas covered by an adopted
transportation program authorized by chapter 39.92 RCW. Any such
voluntary agreement is subject to the following provisions:
(1) The payment shall be held in a reserve account and may only be
expended to fund a capital improvement agreed upon by the parties to
mitigate the identified, direct impact;
(2) The payment shall be expended in all cases within five years of
collection; and
(3) Any payment not so expended shall be refunded with interest at
the rate applied to judgments to the property owners of record at the
time of the refund; however, if the payment is not expended within five
years due to delay attributable to the developer, the payment shall be
refunded without interest.
No county, city, town, or other municipal corporation shall require
any payment as part of such a voluntary agreement which the county,
city, town, or other municipal corporation cannot establish is
reasonably necessary as a direct result of the proposed development or
plat.
Nothing in this section prohibits cities, towns, counties, or other
municipal corporations from collecting reasonable fees from an
applicant for a permit or other governmental approval to cover the cost
to the city, town, county, or other municipal corporation of processing
applications, inspecting and reviewing plans, or preparing detailed
statements required by chapter 43.21C RCW.
This section does not limit the existing authority of any county,
city, town, or other municipal corporation to impose special
assessments on property specifically benefitted thereby in the manner
prescribed by law.
Nothing in this section prohibits counties, cities, or towns from
imposing or permits counties, cities, or towns to impose water, sewer,
natural gas, drainage utility, and drainage system charges((:
PROVIDED, That no such charge shall exceed the proportionate share of
such utility or system's capital costs which the county, city, or town
can demonstrate are attributable to the property being charged:
PROVIDED FURTHER, That these provisions shall not be interpreted to
expand or contract any existing authority of counties, cities, or towns
to impose such charges)), however, utility or system capital costs must
be recovered using rate-based user charges, unless alternate charges
are authorized by law.
Nothing in this section prohibits a transportation benefit district
from imposing fees or charges authorized in RCW 36.73.120 nor prohibits
the legislative authority of a county, city, or town from approving the
imposition of such fees within a transportation benefit district.
Nothing in this section prohibits counties, cities, or towns from
imposing transportation impact fees authorized pursuant to chapter
39.92 RCW.
Nothing in this section prohibits counties, cities, or towns from
requiring property owners to provide relocation assistance to tenants
under RCW 59.18.440 and 59.18.450.
This section does not apply to special purpose districts formed and
acting pursuant to Titles 54, 57, or 87 RCW, nor is the authority
conferred by these titles affected.