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.