H-4450.1  _______________________________________________

                          HOUSE BILL 2976

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By Representatives Roach, Casada, Bush and Carrell

Read first time .  Referred to Committee on .

Requiring rates and charges to consider and be based on the served property's impacts or lack of impacts to storm water systems.

    AN ACT Relating to charges for surface water runoff; and amending RCW 36.89.080.

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

    Sec. 1.  RCW 36.89.080 and 1998 c 74 s 1 are each amended to read as follows:

    Any county legislative authority may provide by resolution for revenues by fixing rates and charges for the furnishing of service to those served or receiving benefits or to be served or to receive benefits from any storm water control facility or contributing to an increase of surface water runoff.  In fixing rates and charges, the county legislative authority may in its discretion consider:  (1) Services furnished or to be furnished; (2) benefits received or to be received; (3) the character and use of land or its water runoff characteristics; (4) the nonprofit public benefit status, as defined in RCW 24.03.490, of the land user; (5) income level of persons served or provided benefits under this chapter, including senior citizens and disabled persons; or (6) any other matters which present a reasonable difference as a ground for distinction.  The service charges and rates collected shall be deposited in a special fund or funds in the county treasury to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating storm water control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing and improving any of such facilities, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose.  Rates and charges must take into consideration and be based on impacts or lack of impacts the property served has on receiving waters and storm water systems.  Other factors such as impacts to water quality, extent of capital and operational best management practices, natural or constructed water infiltration by property served, and surrounding properties absorption characteristics, shall be taken into consideration when assessing surface water management fees.  Rates and charges shall not apply to lands taxed as forest land under chapter 84.33 RCW or as timber land under chapter 84.34 RCW.  An administrative process must be provided for property owners and their representatives to appeal rates and fees assessed served property.  Property tax and surface water management fees may appear on the same collection statement, if surface water fees and taxes are clearly defined and payable separately.  This section does not require counties to change the timing of payment of surface water fees.

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