H-4099.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 2458

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By House Committee on Energy & Utilities (originally sponsored by Representatives Heavey, Reams, Kremen, Schmidt and Shin)

Read first time 02/04/94.

Specifying the duty of publicly owned utilities to serve within their service areas.

    AN ACT Relating to duties of utilities to serve; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35.92 RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 35.21 RCW to read as follows:

    (1) Except as otherwise provided in subsection (2) of this section, nothing in this chapter authorizes a city or town that provides water or sewer service outside the corporate boundaries of the city or town to require, as condition of providing water or sewer service, the property owner who has requested water or sewer service to agree to:

    (a) Lot sizes different from those required by the jurisdiction with zoning authority over the property; or

    (b) Other development or design requirements not required by the local government with jurisdiction over the property.

    (2) A city or town may impose conditions not otherwise allowed under subsection (1) of this section if:

    (a) The conditions are reasonably necessary to the proper functioning of the water or sewer service; or

    (b) The local government with jurisdiction over the property concurs with the conditions during review pursuant to chapter 43.21C RCW, interlocal cooperation agreement under chapter 39.34 RCW, or the project approval process.

NEW SECTION. Sec. 2.  A new section is added to chapter 35.92 RCW to read as follows:

    (1) Except as otherwise provided in subsection (2) of this section, nothing in this chapter authorizes a city or town that provides water or sewer service outside the corporate boundaries of the city or town to require, as condition of providing water or sewer service, the property owner who has requested water or sewer service to agree to:

    (a) Lot sizes different from those required by the jurisdiction with zoning authority over the property; or

    (b) Other development or design requirements not required by the local government with jurisdiction over the property.

    (2) A city or town may impose conditions not otherwise allowed under subsection (1) of this section if:

    (a) The conditions are reasonably necessary to the proper functioning of the water or sewer service; or

    (b) The local government with jurisdiction over the property concurs with the conditions during review pursuant to chapter 43.21C RCW, interlocal cooperation agreement under chapter 39.34 RCW, or the project approval process.

NEW SECTION. Sec. 3.  This act shall take effect July 1, 1994.

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