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H0153.................................by ENVIRONMENT, ENERGY AND TECHNOLOGY
WATER AND SEWER DISTRICTS - Adds to existing law relating to water and
sewer districts to provide for the receipt of services by owners of real
property within a district; and to provide for the treatment of
applications for new or additional services made by owners of real property
annexed into a district.
02/09 House intro - 1st rdg - to printing
02/12 Rpt prt - to Loc Gov
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 153
BY ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE
1 AN ACT
2 RELATING TO WATER AND SEWER DISTRICTS; AMENDING CHAPTER 32, TITLE 42, IDAHO
3 CODE, BY THE ADDITION OF A NEW SECTION 42-3240, IDAHO CODE, TO PROVIDE FOR
4 THE RECEIPT OF SERVICES BY OWNERS OF REAL PROPERTY WITHIN A DISTRICT AND
5 TO PROVIDE FOR THE TREATMENT OF APPLICATIONS FOR NEW OR ADDITIONAL SER-
6 VICES MADE BY OWNERS OF REAL PROPERTY ANNEXED INTO A DISTRICT.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 32, Title 42, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 42-3240, Idaho Code, and to read as follows:
11 42-3240. OBLIGATION TO SERVE -- ANNEXED PROPERTY. (1) Owners of real
12 property within any district shall, upon written application submitted to the
13 district, be entitled to all services provided through the district. As a con-
14 dition of providing services the district may, in conformance with its poli-
15 cies, require that the reasonable and direct cost of any additional capacity
16 or infrastructure necessary for providing services be paid for by the owner of
17 the real property.
18 (2) In regard to real property that has been annexed into a district,
19 applications received by the district for new or additional service within a
20 period of three (3) years following the time the real property was annexed
21 into the district shall be governed by the rules, policies and fee schedules
22 in place at the time the petition for annexation was received by the district.
STATEMENT OF PURPOSE
RS 16902
The purpose of this legislation is to remove a provision that allows
sewer and water districts to annex property into their district and
then decline to provide them with service, or agree to provide service
under vastly different terms or conditions from those in place when the
annexation petition was received and accepted by the board.
FISCAL IMPACT
No impact to the general fund
Contact
Name: Rep. Dick Harwood
Phone: 332 1000
STATEMENT OF PURPOSE/FISCAL NOTE H 153