Read first time 01/19/2005.   Referred to Committee on Housing.

     AN ACT Relating to charging manufactured housing communities for water and sewer connections; and amending RCW 35.91.040 and 36.94.140.

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

Sec. 1   RCW 35.91.040 and 1965 c 7 s 35.91.040 are each amended to read as follows:
     ((No)) (1) A person, firm, or corporation ((shall)) may not be granted a permit or be authorized to tap into, or use any such water or sewer facilities or extensions thereof during the period of time prescribed in such contract without first paying to the municipality, in addition to any and all other costs and charges made or assessed for such tap, or use, or for the water lines or sewers constructed in connection therewith, the amount required by the provisions of the contract under which the water or sewer facilities so tapped into or used were constructed. All amounts so received by the municipality shall be paid out by it under the terms of such contract within sixty days after the receipt thereof. Whenever any tap or connection is made into any such contracted water or sewer facilities without such payment having first been made, the governing body of the municipality may remove, or cause to be removed, such unauthorized tap or connection and all connecting tile, or pipe located in the facility right of way and dispose of unauthorized material so removed without any liability whatsoever.
     (2) A tap or connection charge under this section for service to a manufactured housing community, as defined in RCW 59.20.030, applies to an individual lot within that community only if the municipality provides and maintains the tap-in connection.

Sec. 2   RCW 36.94.140 and 2003 c 394 s 4 are each amended to read as follows:
     (1) Every county, in the operation of a system of sewerage and/or water, shall have full jurisdiction and authority to manage, regulate, and control it. Except as provided in subsection (3) of this section, every county shall have full jurisdiction and authority to fix, alter, regulate, and control the rates and charges for the service and facilities to those to whom such service and facilities are available, and to levy charges for connection to the system.
     (2) The rates for availability of service and facilities, and connection charges so charged must be uniform for the same class of customers or service and facility. In classifying customers served, service furnished or made available by such system of sewerage and/or water, or the connection charges, the county legislative authority may consider any or all of the following factors:
     (a) The difference in cost of service to the various customers within or without the area;
     (b) The difference in cost of maintenance, operation, repair and replacement of the various parts of the systems;
     (c) The different character of the service and facilities furnished various customers;
     (d) The quantity and quality of the sewage and/or water delivered and the time of its delivery;
     (e) Capital contributions made to the system or systems, including, but not limited to, assessments;
     (f) The cost of acquiring the system or portions of the system in making system improvements necessary for the public health and safety;
     (g) The nonprofit public benefit status, as defined in RCW 24.03.490, of the land user; and
     (h) Any other matters which present a reasonable difference as a ground for distinction.
     (3) The rate a county may charge under this section for storm or surface water sewer systems or the portion of the rate allocable to the storm or surface water sewer system of combined sanitary sewage and storm or surface water sewer systems shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested.
     (4) A county may provide assistance to aid low-income persons in connection with services provided under this chapter.
     (5) The service charges and rates shall produce revenues sufficient to take care of the costs of maintenance and operation, revenue bond and warrant interest and principal amortization requirements, and all other charges necessary for the efficient and proper operation of the system.
     (6) A connection charge under this section for service to a manufactured housing community, as defined in RCW 59.20.030, applies to an individual lot within that community only if the system of water or sewerage provides and maintains the connection.