HBA-KDB H.B. 3034 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3034 By: Najera Land & Resource Management 7/18/2001 Enrolled BACKGROUND AND PURPOSE Prior to the 77th Legislature, property owners who were serviced by the Lower Valley Water District (district) in El Paso County were being charged a wastewater fee (fee) even though they were not utilizing the wastewater service. These individuals also claimed 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, 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 June 16, 2001.