Brief Description: Restricting utility assessments and charges for certain mobile home parks.

Sponsors: Representatives Schindler, Romero, Crouse, Mielke, Cox, O'Brien, Benson, Berkey, Ericksen, Jarrett, Ahern and Rockefeller.

Hearing Date: 2/12/03

Staff: Amy Wood (786-7127).

Background:

All cities, towns, and counties (local governments) are authorized to construct, maintain, and operate sewer systems. Local governments do not have express statutory authority to require property owners to connect to a sewer system. However, if a local government determines that a septic system has failed, they are directed to take corrective actions to address the condition.

Unlike local governments, water-sewer districts have express authority to require property owners within an area serviced by the districts’ sewers to connect to the sewer system, regardless if the septic system has failed or not.

In 1998, the Legislature prohibited cities, towns, or counties from requiring that an existing mobile home park replace an existing, functional septic system with a sewer system within the community unless the local board of health determines that the septic system is failing.

Summary of Bill:

A mobile home park cannot be required to pay a utility connection charge until the mobile home park connects to the utility. This provision applies retroactively.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect ninety days after adjournment of session in which bill is passed.