Tap Fees Imposed by Special Districts

A tap fee is a fee that is paid by a developer or property owner in order to connect a property to a public water or sewer system. State law allows the board (board) of any sanitation district, water and sanitation district, or water district to impose and set the amount of a tap fee.

The act states that a board of a water and sanitation district or a water district (district) has a duty to provide water service if the district has the capacity to do so, with certain exceptions. The act also requires a board of a district, in determining the amount of a tap fee, to:

• Ensure that the amount of the tap fee is reasonably related to the costs incurred by the district in providing water service, which may include certain costs and do not include certain other costs; and
• Take into consideration at least one of the following factors in supporting the calculation and setting of proportional or reduced fees:
• Expected long-term water usage, both indoor and outdoor, including the existence of nonnative turf grass and use of water-wise landscaping, with an emphasis on native plants;
• The square footage of the unit or the number of bedrooms in the unit;
• The presence of low-water-usage appliances, if applicable;
• Per-unit fixture counts in bathrooms, kitchens, and other spaces, interior and exterior, that provide water or sanitation service; and
• The presence of graywater treatment works, as may be authorized within the district boundaries.
  (Note: This summary applies to this bill as enacted.)