SENATE BILL REPORT

ESB 5307

BYSenator McCaslin

Prohibiting counties from forcing property owners to sign local improvement petitions.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 10, 1987; February 19, 1987; January 20, 1988

Majority Report:  That Substitute Senate Bill No. 5307 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Sam Thompson (786-7754); Eugene Green (786-7405)

                  January 21, 1988

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, JANUARY 20, 1988

BACKGROUND:

Property owners are required to obtain an on-site sewage permit from their local board of health if they wish to install a septic tank on their property, or if they wish to alter an existing septic system.  Rules for the issuance of these permits have been established by the State Board of Health.  Local boards of health may adopt additional requirements, provided that they are approved by the State Board.

The Spokane County Health District Board of Health has imposed a condition upon its approval of on-site sewage permits.  Property owners applying for the permits are required to sign a covenant obligating the owners and any successors in ownership to join in a petition for the formation of a proposed local improvement district (LID) or utility local improvement district (ULID) for sewer service.  By the terms of the covenant, the property owners also agree not to protest the formation of a proposed LID or ULID.

It has been suggested that counties and county health districts be prevented from utilizing this practice to form an LID or ULID.  It is also suggested that county-created LIDS or ULIDs for sewer, water or drainage systems be submitted to a public vote of the property owners within the proposed improvement district.

SUMMARY:

As a condition to the granting of any permit (except permits issued for new construction), neither a county nor a county health district may require property owners to sign covenants obligating them to join in a petition for or prohibiting them from protesting the formation of an LID or ULID.

After a hearing to consider the formation of a county LID or ULID for sewer, water or drainage systems, if the county legislative authority finds that the district should be formed, it must submit the proposition to a vote of the property owners within the proposed district.  The owners of at least 51 percent of the area of land within the proposed district must approve its formation.

EFFECT OF PROPOSED SUBSTITUTE:

As a condition to the granting of a permit to install a new septic tank at an existing residence or a permit to alter an existing septic tank, neither the State Board of Health nor local boards of health may require property owners to sign covenants obligating them to join in a petition for or prohibiting them from protesting the formation of an LID or ULID.

The provision concerning a vote of the property owners in a county LID or ULID is stricken.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Effective Date:The bill contains an emergency clause and takes effect immediately.

Senate Committee - Testified: no one