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


Office of House Bill AnalysisC.S.H.B. 3034
By: Najera
Land & Resource Management
4/6/2001
Committee Report (Substituted)



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.  C.S.H.B.
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

C.S.H.B. 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, to continue to notify
a person until the district obtains and files the person's signed response
to the notification, and to ensure that such a fee is not imposed on a
person unless it is clear that the person is required to pay the fee under
district rules. 

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.  The
bill also provides that the district may not impose the suspended fee on
any person unless the district has on file the person's signed refusal of
the district's sewer services. 

EFFECTIVE DATE

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

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3034 modifies the original bill by requiring the Lower Valley
Water District (district)  to continue to notify a person of the wastewater
fee (fee) until the district obtains and files the person's signed response
to the notification, rather than prohibiting 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 substitute removes a person's
response or lack of response as a condition of the imposition of a district
fee.