SENATE BILL REPORT

SB 5520

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of February 7, 2011

Title: An act relating to rates and charges for storm water control facilities.

Brief Description: Concerning the rates and charges for storm water control facilities paid by certain state research universities.

Sponsors: Senators Tom and Kilmer.

Brief History:

Committee Activity: Environment, Water & Energy: 2/08/11.

SENATE COMMITTEE ON ENVIRONMENT, WATER & ENERGY

Staff: Sam Thompson (786-7413)

Background: Urban areas that collect storm water runoff in municipal storm sewers and discharge it to surface waters must have a permit under the federal Clean Water Act. Federal storm water regulations establish two phases (Phase I and Phase II) for a municipal storm water permit program, which is administered in Washington by the Department of Ecology (Ecology). In 2007 Ecology issued a Phase II Municipal Stormwater Permit for Eastern Washington. That permit, which set standards for municipal storm water control facilities, applies to 20 cities and portions of eight counties. One of the primary permitee cities is Pullman, home of Washington State University (WSU), the only state research university in Eastern Washington. Pullman, like other cities and counties, may impose rates and charges to recover costs of its storm water control facility, and does so with respect to WSU.

Generally, rates charged by local governments to the Department of Transportation upon state highway right-of-way for municipal storm water control facilities is limited to 30 percent of the rate for comparable real property.

Summary of Bill: Storm water rates and charges assessed upon state research universities located in small cities in Eastern Washington to comply with the requirements of a storm water permit issued by Ecology may not exceed 30 percent of the rates and charges imposed by the primary permitee.

The Legislature finds that these rates are presumptively fair and equitable because of several activities undertaken by the institutions to comply with storm water permit requirements.

Appropriation: None.

Fiscal Note: Requested February 7, 2011.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.