S-0517.1  _______________________________________________

                         SENATE BILL 5336

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Kline, Kohl‑Welles, McDonald, Fraser and McAuliffe

Read first time 01/20/1999.  Referred to Committee on State & Local Government.

Specifying allowable sewer facility capacity charges.

    AN ACT Relating to sewer facility capacity charges; and amending RCW 35.58.570.

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

    Sec. 1.  RCW 35.58.570 and 1996 c 230 s 1602 are each amended to read as follows:

    (1) A metropolitan municipal corporation that is engaged in the transmission, treatment, and disposal of sewage may impose a capacity charge on users of the metropolitan municipal corporation's sewage facilities when the user connects, reconnects, or establishes a new service.  The capacity charge shall be approved by the council of the metropolitan municipal corporation and reviewed ((and reapproved)) annually.

    (2) The capacity charge shall be based upon the cost of the sewage facilities' excess capacity that is necessary to provide sewerage treatment for new users to the system.  The capacity charge, which may be collected over a period of fifteen years, shall not exceed:

    (a) Seven dollars per month per residential customer equivalent for connections and reconnections occurring prior to January 1, 1996; ((and))

    (b) Ten dollars and fifty cents per month per residential customer equivalent for connections and reconnections occurring after January 1, 1996, and prior to January 1, 2001; and

(c) Seventeen dollars and seventy-five cents per month per residential customer equivalent for connections and reconnections occurring on or after January 1, 2001, with the maximum allowed amount adjusted annually after January 1, 2002, to reflect annual increases in the implicit price deflator for Seattle.

    ((For connections and reconnections occurring after January 1, 2001, the capacity charge shall not exceed fifty percent of the basic sewer rate per residential customer equivalent established by the metropolitan municipal corporation at the time of the connection or reconnection.))

    (3) The capacity charge for a building other than a single-family residence shall be based on the projected number of residential customer equivalents to be represented by the building, considering its intended use.

    (4) The council of the metropolitan municipal corporation shall enforce the collection of the capacity charge in the same manner provided for the collection, enforcement, and payment of rates and charges for water-sewer districts provided in RCW 57.08.081.  At least thirty days before commencement of an action to foreclose a lien for a capacity charge, the metropolitan municipal corporation shall send written notice of delinquency in payment of the capacity charge to any first mortgage or deed of trust holder of record at the address of record.

    (5) As used in this section, "sewage facilities" means capital projects identified since January 1, 1982, ((to July 23, 1989,)) in the metropolitan municipal corporation's comprehensive water pollution abatement plan.  "Residential customer equivalent" shall have the same meaning used by the metropolitan municipal corporation in determining rates and charges at the time the capacity charge is imposed.

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