AN ACT Relating to sewer connections; amending RCW 35.92.025; reenacting and amending RCW 56.08.010; adding a new section to chapter 35.92 RCW; adding a new section to chapter 36.94 RCW; and adding a new section to chapter 54.16 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 35.92 RCW to read as follows:

A city or town may compel a property owner within an area served by the city or town system of sewers to connect his or her private drain and sewer system with the city or town system under such penalty as the legislative body of the city or town prescribes by ordinance, after giving the property owner a reasonable period to connect to the city or town system under standards prescribed by the city or town, if the public sewer system is located within two hundred feet of the building to be served, as measured along the usual or most feasible route of access, and the city or town council determines that the private drain or sewer system is inadequate. The city or town may for such purpose enter upon private property and connect the private drains or sewers with the city or town system and the cost thereof shall be charged against the property owner and shall be a lien upon property served.

NEW SECTION. Sec. 2. A new section is added to chapter 36.94 RCW to read as follows:

A county may compel a property owner within an area served by the county system of sewers to connect his or her private drain and sewer system with the county system under such penalty as the county legislative authority prescribes by ordinance, after giving the property owner a reasonable period to connect to the county system under standards prescribed by the county, if the public sewer system is located within two hundred feet of the building to be served, as measured along the usual or most feasible route of access, and the county legislative authority determines that the private drain or sewer system is inadequate. The county may for such purpose enter upon private property and connect the private drains or sewers with the county system and the cost thereof shall be charged against the property owner and shall be a lien upon property served.

The county may allow any connection charges to be paid, with interest, in installments over a period not exceeding fifteen years. The county treasurer may charge and collect a fee of three dollars per parcel for each year for the treasurer's services. The fee shall be a charge to be included as part of each annual installment, and shall be credited to the county current expense fund by the county treasurer.

NEW SECTION. Sec. 3. A new section is added to chapter 54.16 RCW to read as follows:

A public utility district may compel a property owner within an area served by the district system of sewers to connect his or her private drain and sewer system with the district system under such penalty as the commissioners prescribe by resolution, after giving the property owner a reasonable period to connect to the public utility district system under standards prescribed by the public utility district, if the public sewer system is located within two hundred feet of the building to be served, as measured along the usual or most feasible route of access, and the board of commissioners determines that the private drain or sewer system is inadequate. The district may for such purpose enter upon private property and connect the private drains or sewers with the district system and the cost thereof shall be charged against the property owner and shall be a lien upon property served.

The public utility district may allow any connection charges to be paid, with interest, in installments over a period not exceeding fifteen years. If the connection charge is collected by the county treasurer, the county treasurer may charge and collect a fee of three dollars per parcel for each year for the treasurer's services. The fee shall be a charge to be included as part of each annual installment, and shall be credited to the county current expense fund by the county treasurer.

Sec. 4. Section 35.92.025, chapter 7, Laws of 1965 as amended by section 6, chapter 445, Laws of 1985 and RCW 35.92.025 are each amended to read as follows:

Cities and towns are authorized to charge property owners either seeking or required to connect to the water or sewerage system of the city or town as a condition to granting the right to so connect, in addition to the cost of such connection, such reasonable connection charge as the legislative body of the city or town shall determine proper in order that such property owners shall bear their equitable share of the cost of such system. The equitable share may include interest charges applied from the date of construction of the water or sewer system until the connection, or for a period not to exceed ten years, at a rate commensurate with the rate of interest applicable to the city or town at the time of construction or major rehabilitation of the water or sewer system, or at the time of installation of the water or sewer lines to which the property owner is ((~~seeking to connect~~)) connecting but not to exceed ten percent per year: PROVIDED, That the aggregate amount of interest shall not exceed the equitable share of the cost of the system allocated to such property owners. Connection charges collected shall be considered revenue of such system.

The city or town may allow the connection charge to be paid, with interest, in installments over a period not exceeding fifteen years. If the connection charge is collected by the county treasurer, the county treasurer may charge and collect a fee of three dollars per parcel for each year for the treasurer's services. The fee shall be a charge to be included as part of each annual installment, and shall be credited to the county current expense fund by the county treasurer.

Sec. 5. Section 10, chapter 210, Laws of 1941 as last amended by section 1, chapter 250, Laws of 1985 and by section 5, chapter 444, Laws of 1985 and RCW 56.08.010 are each reenacted and amended to read as follows:

A sewer district may acquire by purchase or by condemnation and purchase all lands, property rights, water, and water rights, both within and without the district, necessary for its purposes. A sewer district may lease real or personal property necessary for its purposes for a term of years for which such leased property may reasonably be needed where in the opinion of the board of sewer commissioners such property may not be needed permanently or substantial savings to the district can be effected thereby. The right of eminent domain shall be exercised in the same manner and by the same procedure as provided for cities of the third class, insofar as consistent with the provisions of this title, except that all assessments or reassessment rolls required to be filed by eminent domain commissioners or commissioners appointed by the court shall be prepared and filed by the district, and the duties devolving upon the city treasurer shall be imposed upon the county treasurer for the purposes hereof; it may construct, condemn and purchase, add to, maintain, and operate systems of sewers for the purpose of furnishing the district and inhabitants thereof with an adequate system of sewers for all uses and purposes, public and private, including but not limited to on-site sewage disposal facilities, facilities for the drainage of storm or surface waters, public highways, streets, and roads with full authority to regulate the use and operation thereof and the service rates to be charged. Such sewage facilities may include facilities which result in combined sewage disposal, treatment, or drainage and electric generation, provided that the electricity generated thereby is a byproduct of the system of sewers. Such electricity may be used by the sewer district or sold to any entity authorized by law to distribute electricity. Such electricity is a byproduct when the electrical generation is subordinate to the primary purpose of sewage disposal, treatment, or drainage. For such purposes a district may conduct sewage throughout the district and throughout other political subdivisions within the district, and construct and lay sewer pipe along and upon public highways, roads, and streets, within and without the district, and condemn and purchase or acquire land and rights of way necessary for such sewer pipe. A district may erect sewage treatment plants, within or without the district, and may acquire by purchase or condemnation, properties or privileges necessary to be had to protect any lakes, rivers, or watercourses and also other areas of land from pollution, from its sewers or its sewage treatment plant. For the purposes of sewage facilities which include facilities which result in combined sewage disposal, treatment, or drainage and electric generation where the electric generation is a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to acquire such rights or facilities without the consent of the owner. A district may charge property owners seeking to connect to the district system of sewers, as a condition to granting the right to so connect, in addition to the cost of such connection, such reasonable connection charge as the board of commissioners shall determine to be proper in order that such property owners shall bear their equitable share of the cost of such system. A district may permit payment of the cost of connection and the reasonable connection charge to be paid with interest in installments over a period not exceeding ((~~ten~~)) fifteen years. The county treasurer may charge and collect a fee of three dollars per parcel for each year for the treasurer's services. Such fees shall be a charge to be included as part of each annual installment, and shall be credited to the county current expense fund by the county treasurer. A district may compel ((~~all~~)) a property owner((s)) within the sewer district located within an area served by the district system of sewers to connect ((~~their~~)) his or her private drain and sewer system((s)) with the district system under such penalty as the sewer commissioners shall prescribe by resolution, after giving the property owner a reasonable period to connect to the sewer district system under standards prescribed by the sewer district, if the public sewer system is located within two hundred feet of the building to be served, as measured along the usual or most feasible route of access, and the board of commissioners determines that the private drain or sewer system is inadequate. The district may for such purpose enter upon private property and connect the private drains or sewers with the district system and the cost thereof shall be charged against the property owner and shall be a lien upon property served.