AN ACT Relating to aquifer-groundwater protection; adding a new chapter to Title 90 RCW; prescribing penalties; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. PURPOSE. It is hereby declared that the protection of water supplies throughout this state from pollution or degradation is of great concern. The purpose of this chapter is to protect and preserve the safety of water sources for domestic use, whether in watershed, aquifer, or other sources of ground or surface water. Pollution and degradation of water supplies pose immediate threats to the safety and welfare of the state's citizens. Counties are therefore authorized to establish aquifer-groundwater benefit protection areas according to the provisions of this chapter, within and without the cities and towns of those counties, for the purpose of preventing the pollution and degradation of water supplies.

NEW SECTION. Sec. 2. DEFINITIONS. Unless the context clearly requires otherwise, the following definitions apply throughout this chapter.

(1) "Area" means an aquifer-groundwater benefit protection area created as provided for in section 6 of this act.

(2) "Central city" means the largest incorporated city or town within an aquifer-groundwater benefit protection area.

(3) "Component city" means an incorporated city or town within an aquifer-groundwater benefit protection area.

(4) "Central county" means the county containing the central city.

(5) "Council" means an aquifer-groundwater benefit protection council as provided for in section 8 of this act.

(6) "Housing unit" means a building or portion thereof designed for or used as the residence or living quarters of one or more persons living together, or of one family.

(7) "Local improvement district" means a local improvement district or utility local improvement district.

(8) "Seepage charge" means a charge placed upon property using on-site disposal of sewage. The seepage charge shall apply to each one thousand two hundred fifty gallons of capacity in the on-site system. The seepage charge shall not apply to property that has its own sewage treatment facility which has met the standards established by the council.

(9) "User" means any housing unit, business, farm, church, school, nonprofit corporation, governmental entity, or use of property that uses water derived from a source in an area.

(10) "Water withdrawal fees" are charges placed on users and apply to each increment of two hundred fifty thousand gallons of water used per year.

NEW SECTION. Sec. 3. AREAS AUTHORIZED. Any location in the state in which an aquifer or groundwater is located may organize as an aquifer-groundwater benefit protection area to perform certain functions, as provided for in this chapter.

NEW SECTION. Sec. 4. FUNCTIONS AUTHORIZED. An area has the power to perform any of the following functions as provided for in this chapter.

(1) The area shall prepare a comprehensive water pollution abatement plan, which may include provisions for water-borne pollution removal, water quality improvement, sewage disposal, and storm water drainage for the area. This plan may be prepared as a portion of a county's sewerage and/or water general plan prepared pursuant to RCW 36.94.030.

(2) The area may acquire by purchase, gift, or grant, and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of facilities for water pollution abatement, including, but not limited to, removal of water-borne pollutants, water quality improvement, sewage disposal, and storm water drainage within the area, including, but not limited to, trunk, interceptor and outfall sewers, whether used to carry sanitary waste, storm water, or combined storm and sanitary sewage, lift and pumping stations, pipelines, drains, sewage treatment plants, flow control structures, water treatment and water purification facilities, together with all lands and property rights, equipment and accessories necessary for the facilities. Sewer facilities that are owned by a county, city, or special purpose district may be used by the area with the consent of the legislative body of the county, city, or special purpose districts owning the facilities. Areas are authorized to contract for the joint use of these facilities on such terms as may be fixed by agreement between the legislative body of the county, city, or special purpose district.

(3) The area shall fix rates and charges for the use of water pollution abatement facilities and expend the money so collected for authorized water pollution abatement activities.

(4) The area shall use the powers listed herein in conjunction with all other powers granted to cities and counties in order to prevent degradation and pollution of water supplies within the area.

(5) In carrying out the functions authorized under this chapter, an area shall contract with other entities as provided in section 15 of this act and shall not be a provider of direct services.

NEW SECTION. Sec. 5. UNAUTHORIZED FUNCTIONS TO BE PERFORMED UNDER OTHER LAW. All functions of local government that are not authorized as provided in this chapter to be performed by an area shall continue to be performed by the counties, cities, and special purpose districts within the area as provided by law.

NEW SECTION. Sec. 6. RESOLUTION, PETITION FOR ELECTION‑-REQUIREMENTS, PROCEDURE. An aquifer-groundwater benefit protection area may be created by vote of the qualified electors residing in the proposed area in the manner provided in this chapter. An election to authorize the creation of an area may be called pursuant to resolution or petition in the following manner:

(1) A resolution or concurring resolutions calling for such an election may be adopted by either:

(a) The city council of a central city; or

(b) The city councils of two or more component cities other than a central city; or

A certified copy of the resolution or certified copies of the concurring resolutions shall be transmitted to the legislative authority of the central county.

(2) A petition calling for such an election shall be signed by at least four percent of the qualified voters residing within the proposed area and shall be filed with the auditor of the central county.

Any resolution or petition calling for such an election shall describe the boundaries of the proposed area, describe the functions that the area may perform initially, and state that the formation of the area will be conducive to the welfare and benefit of the persons and property within the area. After the filing of a first sufficient petition or resolution with the county auditor or county legislative authority respectively, action by the auditor or county legislative authority shall be deferred on any subsequent petition or resolution until after the election has been held pursuant to the first petition or resolution.

Upon receipt of such a petition, the auditor shall examine the same and certify to the sufficiency of the signatures thereon. For the purpose of examining the signatures on the petition, the auditor shall be permitted access to the voter registration books of each component county and each component city. No person may withdraw his or her name from a petition after it has been filed with the auditor. Within thirty days following the receipt of the petition, the auditor shall transmit the same to the legislative authority of the central county, together with the auditor's certificate as to the sufficiency thereof.

NEW SECTION. Sec. 7. HEARINGS ON PETITION, RESOLUTION‑-INCLUSION, EXCLUSION OF TERRITORY‑-BOUNDARIES‑-CALLING ELECTION. Upon receipt of a certified petition or a valid resolution calling for an election on the formation of an aquifer-groundwater benefit protection area, the legislative authority of the central county shall fix a date for a public hearing thereon which shall be not more than sixty nor less than forty days following the receipt of the resolution or petition. Notice of the hearing shall be published once a week for at least four consecutive weeks in one or more newspapers of general circulation within the proposed area. The notice shall contain a description of the boundaries of the proposed area, describe the purpose of the area, and state the time and place of the hearing and the fact that any changes in the boundaries of the proposed area will be considered at such time and place. At such hearing or any continuation thereof, any interested person may appear and be heard on all matters relating to the effect of the formation of the proposed area. The county legislative authority may make such changes in the boundaries of the proposed area as it deems reasonable and proper, but may not delete any portion of the proposed area that will create an island of included or excluded lands, may not delete a portion of any city, and may not delete any portion of the proposed area that is contributing or may reasonably be expected to contribute to the pollution of any water course or body of water in the proposed area. If the legislative authority determines that any additional territory should be included in the area, a second hearing shall be held and notice given in the same manner as for the original hearing. The legislative authority may adjourn the hearing on the formation of an area from time to time not exceeding thirty days in all. At the next regular meeting following the conclusion of the hearing the legislative authority shall adopt a resolution fixing the boundaries of the proposed area, declaring that the formation of the proposed area will be conducive to the welfare and benefit of the persons and property therein, and calling for a special election on the formation of the area to be held not more than one hundred twenty days nor less than sixty days following the adoption of the resolution.

NEW SECTION. Sec. 8. ELECTION PROCEDURE TO FORM AREA‑-ESTABLISHMENT OF AREA‑-FIRST MEETING OF AUTHORITY. The election on the formation of the area shall be conducted by the auditor of the central county in accordance with the general election laws of the state. The results thereof shall be canvassed by the county canvassing board of the central county, which shall certify the result of the election to the legislative authority of the central county, and shall cause a certified copy of the canvass to be filed in the office of the secretary of state. Notice of the election shall be published in one or more newspapers of general circulation in each component county in the manner provided in the general election laws. No person is entitled to vote at the election unless the person is a qualified voter under the laws of the state in effect at the time of the election and has resided within the proposed area for at least thirty days preceding the date of the election. The ballot proposition shall be in substantially the following form:

"FORMATION OF AQUIFER-GROUNDWATER

BENEFIT PROTECTION AREA

Shall an aquifer-groundwater benefit protection area be established for the location described in a resolution of the legislative authority of .......... county adopted on the ..... day of .......... , 19.. , to perform the functions of .......... (here insert the title of each of the functions to be authorized as set forth in the petition or initial resolution).

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If a majority of the persons voting on the proposition vote in favor thereof, the area shall be established and the legislative authority of the central county shall adopt a resolution setting a time and place for the first meeting of the aquifer-groundwater benefit protection council which shall be held not later than thirty days after the date of the election. A copy of the resolution shall be transmitted to the legislative body of each component city and county and of each special purpose district which is affected by the particular functions authorized.

NEW SECTION. Sec. 9. RESTRAINT BY PROTEST. The jurisdiction of a legislative authority to proceed with the creation of an area initiated by resolution shall be divested by a protest filed with the legislative authority within thirty days from the date of passage of the proposition ordering the creation of the area, signed by sixty percent of the owners of property within the proposed area.

NEW SECTION. Sec. 10. INDEBTEDNESS‑-BONDS. An area may, for the purpose of carrying out powers granted by this chapter, contract indebtedness and issue general obligation bonds pursuant to and in the manner provided for general county bonds in chapter 36.67 RCW and issue revenue bonds pursuant to and in the manner provided for revenue bonds in chapter 36.67 RCW. The area may also issue local improvement district bonds in the manner provided for cities and towns. These general obligation bonds, revenue bonds, and local improvement district bonds may be in any form, including registered bonds, as provided in RCW 39.46.030.

NEW SECTION. Sec. 11. AQUIFER PROTECTION CONFERENCE. The county may convene an aquifer protection conference for the purpose of evaluating the need and desirability for aquifer protection services within the proposed area. The county shall provide thirty days' written notice to the legislative bodies of each city and county within the proposed area, and to representatives of special purpose districts within the proposed area.

NEW SECTION. Sec. 12. AQUIFER-GROUNDWATER BENEFIT PROTECTION COUNCIL‑-COMPOSITION‑-CHAIRMAN. (1) An area shall be governed by an aquifer-groundwater benefit protection council composed of the following:

(a) Three members of the county legislative authority;

(b) Three members from the central city within the area or chosen from that city's city council;

(d) One member who is chosen from representatives of the special purpose districts.

(2) The members of the council shall select a chairman.

(3) A vacancy on the council shall be filled in the same manner as the original selection.

NEW SECTION. Sec. 13. AQUIFER-GROUNDWATER BENEFIT PROTECTION COUNCIL‑-ORGANIZATION, CHAIRMAN, PROCEDURES. At the first meeting of the council following the formation of an area, a member from the central city shall serve as temporary chairman. As its first official act the council shall elect a chairman. The chairman shall be a voting member of the council and shall preside at all meetings. In the event of the chairman's absence or inability to act the council shall select one of its members to act as chairman pro tempore. A majority of all members of the council constitutes a quorum for the transaction of business. A smaller number of council members than a quorum may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as the council provides. The council shall determine its own rules and order of business, shall provide by resolution for the manner and time of holding all regular and special meetings and shall keep a journal of its proceedings which shall be a public record. Every legislative act of the council of a general or permanent nature shall be by resolution.

NEW SECTION. Sec. 14. AQUIFER-GROUNDWATER BENEFIT PROTECTION COUNCIL‑-TERMS. Each member of the council shall hold office for four years and may be reappointed. Each member, who shall hold office ex officio, may not hold office after the member ceases to hold the elected position. The chairman shall hold office until the second Tuesday in July of each even-numbered year and may, if reappointed, serve more than one term. Each member shall hold office until the member's successor has been selected as provided in this chapter.

NEW SECTION. Sec. 15. GENERAL POWERS OF AREA. In addition to the powers specifically granted by this chapter, an area has the powers necessary to carry out its purposes, but shall not be a provider of direct services. An area may contract with the United States or any agency thereof, any state or agency thereof, any metropolitan municipal corporation, county, city, special purpose district, or governmental agency and any private person, firm, or corporation for the purpose of receiving gifts or grants or securing loans or advances for preliminary planning and feasibility studies, or for the design, construction, or operation of aquifer or groundwater protection facilities. An area may contract with any governmental agency or with any private person, firm, or corporation for the use by either contracting party of all or any part of the facilities, structures, lands, interests in lands, air rights over lands and rights of way of all kinds which are owned, leased, or held by the other party, and for the purpose of planning, constructing, or operating any facility or performing any service that the area may be authorized to operate or perform, on such terms as may be agreed upon by the contracting parties. Competitive bids shall first be called upon such notice, bidder qualifications, and bid conditions as the council determines.

An area may sue and be sued in all courts and in all proceedings.

NEW SECTION. Sec. 16. WATER WITHDRAWAL FEES‑-SEEPAGE CHARGES. After an area has been established, a water withdrawal fee may be assessed against each user of water derived from a source within that area. That assessment shall be not more than one dollar and twenty-five cents per month. The council may also place a seepage charge on users of on-site disposal systems within the area, in an amount not to exceed one dollar and twenty-five cents per month.

NEW SECTION. Sec. 17. COLLECTION OF FEES AND CHARGES‑-BILLING. (1) The area shall contract with existing utilities to collect the water withdrawal fees and seepage charges levied under section 16 of this act.

(2) The billing entity shall indicate water withdrawal fees and seepage charges as line items on the bill.

(3) The council may defer payment of charges.

NEW SECTION. Sec. 18. USE OF CHARGES AND FEES COLLECTED. Moneys collected from water withdrawal fees and seepage charges shall be used only for the following purposes:

(1) To carry out the functions assigned under this chapter;

(2) To provide financial assistance upon the finding of unique circumstances;

(3) As a revenue source to finance deferral of local improvement district assessments; and

(4) To provide uniform reduction of local improvement district assessments within the area. All local improvement district assessment reductions under this chapter during a calendar year shall be proportionately equal for all local improvement districts, shall apply to the total assessment, and shall be subject to no further reduction. Local improvement districts formed after the initial assessment reduction are entitled to an assessment reduction depending on the availability of resources, and subject to the same requirements as the initial assessment reduction. A local improvement district must be available on an equal access basis to property owners and must be established for the purpose of constructing sanitary sewers in order to qualify for deferrals or reductions of assessments.

NEW SECTION. Sec. 19. LOCAL IMPROVEMENT DISTRICTS. If sanitary sewers are to be constructed in the area, the area shall have the power to establish utility local improvement districts and local improvement districts within the area as provided for in RCW 36.94.220.

NEW SECTION. Sec. 20. PERFORMANCE OF FUNCTIONS‑-COMMENCEMENT DATE. The council shall provide by resolution the effective date on which the area will commence to perform any one or more of the functions it has been authorized to perform.

NEW SECTION. Sec. 21. NO EMINENT DOMAIN. An area has no power to acquire by purchase and condemnation lands and property rights.

NEW SECTION. Sec. 22. POWERS OF THE COUNCIL. All the powers and functions of an area shall be vested in the council unless expressly vested in specific officers, boards, or commissions by this chapter. Without limitation of the foregoing authority or of other powers given it by this chapter, the council has the following powers:

(1) To appoint or provide for the appointment of, and to remove or to provide for the removal of, all officers and employees of the area except those whose appointment or removal is otherwise provided by this chapter; and

(2) To fix the salaries, wages, and other compensation of all officers and employees of the area.

NEW SECTION. Sec. 23. LIEN FOR DELINQUENT CHARGES. All areas shall have a lien for delinquent water withdrawal fees and seepage charges, together with interest fixed by resolution at eight percent per annum from the date due until paid. Penalties of not more than ten percent of the amount due may be imposed in case of failure to pay the fees and charges at times fixed by resolution. The lien shall be for all charges, interest, and penalties and shall attach to the premises to which the services were available. The lien shall be superior to all other liens and encumbrances, except general taxes and local and special county assessments.

The area shall certify periodically the delinquencies to the treasurer of the component county at which time the lien shall attach.

Upon the expiration of sixty days after the attachment of the lien, the area may bring suit in foreclosure by civil action in the superior court of the county where the property is located. In addition to the costs and disbursements provided by statute, the court may allow the area reasonable attorneys' fees. The lien shall be foreclosed in the same manner as the foreclosure of real property tax liens.

NEW SECTION. Sec. 24. RULES‑-PENALTIES‑-ENFORCEMENT. An area has the power to adopt by resolution such rules as are necessary or proper to enable it to carry out authorized functions and may provide penalties for the violation thereof. Actions to impose or enforce the penalties may be brought in the superior court of the state of Washington in and for the central county.

NEW SECTION. Sec. 25. BORROWING MONEY FROM COMPONENT CITY OR COUNTY. An area has the power when authorized by a majority of all members of the council to borrow money from any component city or county and those cities or counties may make such loans or advances on such terms as may be mutually agreed upon by the legislative bodies of the area and any such component city or county to provide funds to carry out the purposes of the area.

NEW SECTION. Sec. 26. OBLIGATIONS OF AREA ARE LEGAL INVESTMENTS AND SECURITY FOR PUBLIC DEPOSITS. All banks, trust companies, bankers, savings banks, and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking or investment business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all executors, administrators, curators, trustees and other fiduciaries, may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds or other obligations issued by an area under this chapter. Such bonds and other obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize any persons, political subdivisions, and officers, public or private, to use any funds owned or controlled by them for the purchase of any such bonds or other obligations. Nothing contained in this section with regard to legal investments may be construed as relieving any person of any duty to exercise reasonable care in selecting securities.

NEW SECTION. Sec. 27. LEGAL INVESTMENTS FOR CORPORATE FUNDS. An area has the power to invest its funds held in reserves or sinking funds or any such funds which are not required for immediate disbursement, in property, securities, or other qualified depositaries. Investment of funds shall be by the county treasurer.

NEW SECTION. Sec. 28. ATTORNEY FOR AREA. The prosecuting attorney of the central county shall be the attorney for the area and shall provide legal services as needed.

NEW SECTION. Sec. 29. ANNEXATION‑-REQUIREMENTS, PROCEDURE. Territory annexed to a component city after the establishment of an area shall by that act be annexed to the area. Territory within an area may be annexed to a city that is not within the area in the manner provided by law and in such event either (1) the city may be annexed to the area by ordinance of the legislative body of the city concurred in by resolution of the council, or (2) if the city is not so annexed, the territory shall remain within the area unless the city shall by resolution of its legislative body request the withdrawal of the territory subject to any outstanding indebtedness of the area and the council shall by resolution consent to that withdrawal.

Any territory contiguous to an area and lying wholly within an incorporated city or town may be annexed to the area by ordinance of the legislative body of the city or town requesting the annexation concurred in by resolution of the council.

Any other territory adjacent to an area may be annexed thereto by vote of the qualified electors residing in the territory to be annexed, in the manner provided in this chapter. An election to annex the territory may be called pursuant to a petition or resolution in the following manner:

(1) A petition calling for such an election shall be signed by at least four percent of the qualified voters residing within the territory to be annexed and shall be filed with the auditor of the central county.

(2) A resolution calling for such an election may be adopted by the council.

Any resolution or petition calling for such an election shall describe the boundaries of the territory to be annexed, and state that the annexation of the territory to the area will be conducive to the welfare and benefit of the persons or property within the area and within the territory proposed to be annexed.

Upon receipt of such a petition, the auditor shall examine the same and certify to the sufficiency of the signatures thereon. For the purpose of examining the signatures on such petition, the auditor shall be permitted access to the voter registration books of each city within the territory proposed to be annexed and of each county a portion of which shall be located within the territory proposed to be annexed. No person may withdraw his or her name from a petition after it has been filed with the auditor. Within thirty days following the receipt of the petition, the auditor shall transmit it to the council, together with the auditor's certificate as to the sufficiency thereof.

NEW SECTION. Sec. 30. ANNEXATION‑-HEARINGS‑-INCLUSION, EXCLUSION OF TERRITORY‑-BOUNDARIES‑-CALLING ELECTION. Upon receipt of a duly certified petition calling for an election on the annexation of territory to an area, or if the council determines without a petition being filed, that an election on the annexation of any adjacent territory shall be held, the council shall fix a date for a public hearing thereon which shall be not more than sixty nor less than forty days following the receipt of the petition or adoption of the resolution. Notice of the hearing shall be published once a week for at least four consecutive weeks in one or more newspapers of general circulation within the territory proposed to be annexed. The notice shall contain a description of the boundaries of the territory proposed to be annexed and shall state the time and place of the hearing thereon and the fact that any changes in the boundaries of the territory will be considered at that time and place. At the hearing or any continuation thereof, any interested person may appear and be heard on all matters relating to the proposed annexation. The council may make such changes in the boundaries of the territory proposed to be annexed as it deems reasonable and proper, but may not delete any portion of the proposed territory that will create an island of included or excluded lands and may not delete a portion of any city. If the council determines that any additional territory should be included in the territory to be annexed, a second hearing shall be held and notice given in the same manner as for the original hearing. The council may adjourn the hearing on the proposed annexation from time to time not exceeding thirty days in all. At the next regular meeting following the conclusion of the hearing, the council shall, if it finds that the annexation of the territory will be conducive to the welfare and benefit of the persons and property therein and the welfare and benefit of the persons and property within the area, adopt a resolution fixing the boundaries of the territory to be annexed and causing to be called a special election on the annexation to be held not more than one hundred twenty days nor less than sixty days following the adoption of the resolution.

NEW SECTION. Sec. 31. ANNEXATION‑-ELECTION‑-FAVORABLE VOTE. An election on the annexation of territory to an area shall be conducted and canvassed in the same manner as provided for the conduct of an election on the formation of an area except that notice of the election shall be published in one or more newspapers of general circulation in the territory proposed to be annexed and the ballot proposition shall be in substantially the following form:

ANNEXATION TO (here insert name of area).

"Shall the territory described in a resolution of the aquifer-groundwater benefit protection council of (here insert name of the area) adopted on the ..... .......... , 19.. , be annexed to the area?

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!ixIf a majority of those voting on the proposition vote in favor thereof, the territory shall thereupon be annexed to the area.

NEW SECTION. Sec. 32. The creation, dissolution, annexation, or change in the boundary of an aquifer-groundwater benefit protection area shall be exempt from the provisions of chapter 36.93 RCW.

NEW SECTION. Sec. 33. LIBERAL CONSTRUCTION. The rule of strict construction shall have no application to this chapter, but the same shall be liberally construed in all respects in order to carry out the purposes and objects for which this chapter is intended.

NEW SECTION. Sec. 34. CAPTIONS NOT LAW. Section headings as used in this chapter do not constitute any part of the law.

NEW SECTION. Sec. 35. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 36. Sections 1 through 35 of this act shall constitute a new chapter in Title 90 RCW.

NEW SECTION. Sec. 37. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985.