BILL REQ. #:  H-4171.2 

READ FIRST TIME 02/07/12.   

     AN ACT Relating to rates and charges for storm water control facilities; amending RCW 90.03.525; and providing an effective date.

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

Sec. 1   RCW 90.03.525 and 2005 c 319 s 140 are each amended to read as follows:
     (1)(a) The rate charged by a local government utility to 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, 57.08, 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.))
     (b) If a local government utility does not charge the department of transportation under (a) of this subsection during fiscal year 2013, the rate charged shall be ten percent of the rate for comparable real property during fiscal year 2014, twenty percent of the rate for comparable real property during fiscal year 2015, and thirty percent of the rate for comparable real property during fiscal year 2016 and thereafter.
     (c) The rate charged by a local government utility to its own or to another local government's streets or roads for the construction, operation, and maintenance of storm water control facilities may be the same maximum rate as charged by the local government utility to the department of transportation under (a) and (b) of this subsection, or such other rate, or no rate, as may be determined by the legislative authority of that local government utility, in its sole discretion and in consideration of the continuing expenditures of the local government utility for the construction, operation, and maintenance of storm water control facilities designed to control surface water or storm water runoff from local streets or roads.
     (d) The legislature finds that the ((aforesaid)) rates charged to the department of transportation under (a) and (b) of this subsection are presumptively fair and equitable because of the traditional and continuing expenditures of the department of transportation, cities, and counties 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.
     (2) Charges paid under subsection (1)(a) and (b) of this section by the department of transportation must be used solely for storm water control facilities that ((directly)) reduce state highway runoff impacts or ((implementation of)) that implement best management practices that will reduce the need for such facilities. ((By January 1st of each year, beginning with calendar year 1997, the local government utility, in coordination with the department, shall develop a plan for the expenditure of the charges for that calendar year. The plan must be consistent with the objectives identified in RCW 90.78.010. In addition, beginning with the submittal for 1998, the utility shall provide a progress report on the use of charges assessed for the prior year. No charges may be paid until the plan and report have been submitted to the department.)) Through a planning and reporting process, local government utilities shall clearly demonstrate that charges paid under subsection (1)(a) and (b) of this section by the department of transportation are being used as required under this subsection. Local government utilities and the department of transportation shall develop this simplified planning and reporting process for storm water fees, which may include a determination of the comparable property upon which the rate charged to the department of transportation is based.
     (3) 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 annual plan prescribed in subsection (2) of this section)). If, after mediation, the local government utility and the department of transportation cannot agree upon the proper rate, 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)).
     (4) The legislature finds that the federal clean water act (national pollutant discharge elimination system, 40 C.F.R. parts 122-124), the state water pollution control act, chapter 90.48 RCW, and the highway runoff program under chapter 90.71 RCW, mandate 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.
     (5) When the amounts charged by local government utilities under subsection (1)(a) and (b) of this section exceed the amount of funds that are appropriated for this purpose, the department of transportation must request supplemental appropriations from the legislature.

NEW SECTION.  Sec. 2   This act takes effect July 1, 2013.