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.