HBA-KDB H.B. 3034 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3034
By: Najera
Land & Resource Management
3/21/2001
Introduced



BACKGROUND AND PURPOSE 

There is concern that the property owners who are serviced by the Lower
Valley Water District (district) in El Paso County are being charged a
wastewater fee (fee) even though they are not utilizing the wastewater
service.  These individuals also claim that the district did not provide
them with a notice indicating that the fees would be charged.  House Bill
3034 sets forth the manner and content of notices that must be sent before
the district is allowed to assess the fee.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3034 amends law to require the Lower Valley Water District
(district) to give to each owner of property who is not receiving district
sewer services and on whom the district imposes a fee to encourage
connection to district sewer services a notice of the fee and sets forth
provisions regarding the notice.  The bill requires the district to give
notice of the fee at least annually and at least 90 days before the
district first imposes the fee, by certified mail, return receipt
requested.   The bill requires the district to maintain records of
responses received to the notifications of the fees.  The bill prohibits
the district from imposing the fee on a person unless the district has on
file the person's signed refusal to accept the district's sewer services.
The bill requires the district to ensure a fee is not imposed on a person
unless it is clear that the person is required to pay the fee under
district rules, regardless of whether the person responds to the
notification of the fee. 

The bill requires the district to suspend any fee to which this Act applies
not later than the 30th day  after the effective date of this Act. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.