BILL REQ. #: H-3896.1
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/27/12. Referred to Committee on Transportation.
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) 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 to the department
of transportation under (a) of this subsection, or such other rate, or
no rate, as may be determined by the legislative authority of that
local government utility in consideration of the continuing
expenditures of the local government 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.
(c) The legislature finds that the aforesaid rates applicable to
the state, and rate determinations by the legislative authority of a
local government utility for local highway rights-of-way, 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) 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, consistent
with "highway purposes" as that term is used in Article II, section 40
of the state Constitution. ((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.))
(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.
NEW SECTION. Sec. 2 This act takes effect July 1, 2013.