SENATE BILL REPORT

SHB 2

BYHouse Committee on Local Government (originally sponsored by Representatives Haugen, Hine, Allen, Nutley, Ferguson, Barnes, Valle, Unsoeld and P. King) 

Modifying provisions relating to water and sewer districts.

House Committe on Local Government

Senate Committee on Governmental Operations

Senate Hearing Date(s):March 26, 1987

Majority Report:  Do pass as amended.

      Signed by Senators Halsan, Chairman; Garrett, Vice Chairman; DeJarnatt, McCaslin, Talmadge, Zimmerman.

Senate Staff:Walt Corneille (786-7452); Eugene Green (786-7405)

                  March 27, 1987

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, MARCH 26, 1987

BACKGROUND:

Both sewer districts and water districts have been authorized to provide sanitary sewers, storm sewers, street lighting, and water facilities.  The statutes relating to sewer districts and water districts are substantially the same.  The authority of a sewer district to provide water facilities references water district procedures.  The authority of a water district to provide sewer facilities references sewer district procedures.

SUMMARY:

Statutes relating to both sewer districts and water districts are changed as follows:

(1) The period of time to file a protest petition against the establishment of street lighting systems by sewer and water districts is reduced from 90 days to 30 days.

(2) The size of a district board of commissioners may be increased from three to five members.  Voters must approve the increase in a district serving less than 10,000 customers, but voters are not required to approve such an increase in a district serving more than 10,000 customers. Voters in such a larger district may force a ballot proposition on the increase to be submitted for their approval or rejection by timely filing a petition demanding the vote.

(3)  A commissioner position may be declared vacant if the commissioner has unexcused absences from three consecutive regularly scheduled district meetings.  The commissioner must be mailed notice that such action will be taken after he or she misses the second consecutive meeting.

(4)  Revenue bonds may be issued for any purpose the district is authorized to perform instead of just those purposes specified in the comprehensive plan.

(5)  Special assessments from a utility local improvement district (ULID) may be deposited into a fund used to pay for improvement costs pending the issuance of revenue bonds.

(6)  A district may annex areas unilaterally if the area is less than 100 acres and has at least 80 percent of its boundaries contiguous with part of the boundaries of the annexing district and another district.  A majority of the board of the other district must concur.  A timely filed referendum petition can force an election on the annexation.

(7)  Territory in one district may be transferred to another district upon petition of the owners of 60 percent of the area, and approval by the boards of commissioners of both districts.

(8)  Reasonable attorneys' fees may be included in a judgment foreclosing liens on delinquent local improvement assessments of a district.

(9)  The time over which a district may permit installment payments to be made on connection charges is changed from ten to fifteen years.

Sewer districts are authorized to provide approved septic tanks and approved septic tank systems and facilities to collect, treat, and dispose of wastewater, and to control pollution from wastewater, and to protect and rehabilitate surface and underground waters.

SUMMARY OF PROPOSED SENATE AMENDMENT:

The percentage of qualified electors required for a petition to increase the number of commissioners on the board of a sewer or water district is changed from fifteen to ten.

A water district contiguous to Canada may contract with a Canadian corporation for the purchase of water and the construction and supply of waterworks.  Terms must be approved by the board of commissioners.

Fiscal Note:      none requested

Senate Committee - Testified: Senator Anderson; Joe Daniels, Washington Association of Water/Wastewater District; Bill Mudge, Washington Association of Sewer Districts; Bob Boscole, Commissioner, Eastgate Sewer District, Bellevue; Jim Henry, Manager, Des Moines Sewer District; Jim Miller, Federal Way Water and Sewer