BILL REQ. #:  S-0787.1 

Read first time 01/28/11.   Referred to Committee on Environment, Water & Energy.

     AN ACT Relating to rates and charges for storm water control facilities; and amending RCW 35.67.025 and 35.92.021.

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

Sec. 1   RCW 35.67.025 and 1986 c 278 s 55 are each amended to read as follows:
     (1) Except as otherwise provided in RCW 90.03.525 and subsection (2) of this section, any public entity and public property, including the state of Washington and state property, shall be subject to rates and charges for storm water control facilities to the same extent private persons and private property are subject to such rates and charges that are imposed by cities and towns pursuant to RCW 35.67.020. In setting these rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property.
     (2) Because of the substantial costs incurred by secondary permittee state research universities located in small cities in eastern Washington to comply with the requirements of a storm water permit issued pursuant to RCW 90.48.260, rates and charges to such institutions may not exceed thirty percent of the rates and charges imposed by their primary permittee. The legislature finds that these rates are presumptively fair and equitable because of the expenditures by the institutions for the construction, operation, and maintenance of storm water control facilities designed to control surface water or storm water runoff from institution property, the storm water permit maintenance activities performed by the institution on the streets and other facilities on campus, and the other activities needed to comply with storm water permit requirements.

Sec. 2   RCW 35.92.021 and 1986 c 278 s 56 are each amended to read as follows:
     (1) Except as otherwise provided in RCW 90.03.525 and subsection (2) of this section, any public entity and public property, including the state of Washington and state property, shall be subject to rates and charges for storm water control facilities to the same extent private persons and private property are subject to such rates and charges that are imposed by cities and towns pursuant to RCW 35.92.020. In setting these rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property.
     (2) Because of the substantial costs incurred by secondary permittee state research universities located in small cities in eastern Washington to comply with the requirements of a storm water permit issued pursuant to RCW 90.48.260, rates and charges to such institutions may not exceed thirty percent of the rates and charges imposed by their primary permittee. The legislature finds that these rates are presumptively fair and equitable because of the expenditures by the institutions for the construction, operation, and maintenance of storm water control facilities designed to control surface water or storm water runoff from institution property, the storm water permit maintenance activities performed by the institution on the streets and other facilities on campus, and the other activities needed to comply with storm water permit requirements.