AN ACT Relating to public assistance; amending RCW 80.28.080 and 80.36.130; adding a new chapter to Title 74 RCW; creating a new section; and repealing RCW 74.38.070.

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

NEW SECTION. Sec. 1. The legislature finds that utility services are essential to the public health and welfare. The legislature further finds that increasing utility costs are a growing hardship for low-income citizens, leading in some cases to the denial of utility services. It is the purpose of this chapter to provide a means for all citizens to continue receiving utility services.

NEW SECTION. Sec. 2. (1) Any county, city, town, municipal corporation, or quasi municipal corporation providing utility services may provide such services at reduced charges and rates for low-income citizens. Except as provided in subsection (2) of this section, "low-income citizen" shall be defined by appropriate ordinance or resolution adopted by the governing body of the county, city, town, municipal corporation, or quasi municipal corporation providing the utility service.

(2) With respect to public utility districts, "low-income citizen" means a person whose total income, including that of his or her spouse or cotenant, does not exceed the amount specified in RCW 74.38.020(6).

NEW SECTION. Sec. 3. The utilities and transportation commission shall adopt rules for authorizing reduced utility charges and rates for low-income citizens by utilities regulated under chapters 80.28 and 80.36 RCW. These rules shall include a definition of "low-income citizen." The commission shall consider low-income rates and charges upon request of any county, city, town, public service company, the public counsel, or upon its own motion.

NEW SECTION. Sec. 4. Any reduction in charges and rates granted to low-income citizens in one part of a service area shall be uniformly extended to low-income citizens in all other parts of the service area.

NEW SECTION. Sec. 5. Federal energy assistance payments to low-income citizens shall be considered in determining any special rates and charges under this chapter.

NEW SECTION. Sec. 6. Notification of special rates or charges established under this chapter shall be provided annually and upon initiation of utility service to all persons receiving utility services. Information on cost shifts caused by the establishment of special rates or charges shall be included in the notification.

NEW SECTION. Sec. 7. Sections 2 through 6 of this act shall constitute a new chapter in Title 74 RCW.

Sec. 8. Section 80.28.080, chapter 14, Laws of 1961 as amended by section 116, chapter 154, Laws of 1973 1st ex. sess. and RCW 80.28.080 are each amended to read as follows:

No gas company, electrical company or water company shall charge, demand, collect or receive a greater or less or different compensation for any service rendered or to be rendered than the rates and charges applicable to such service as specified in its schedule filed and in effect at the time, nor shall any such company directly or indirectly refund or remit in any manner or by any device any portion of the rates or charges so specified, or furnish its product at free or reduced rates except to ((~~its employees and their families, and its officers, attorneys, and agents; to hospitals,~~)) charitable ((~~and eleemosynary~~)) institutions and persons engaged in charitable ((~~and eleemosynary~~)) work; to ((~~indigent and destitute persons;~~)) low-income citizens as defined pursuant to section 3 of this 1985 act; and to national homes or state homes for disabled volunteer soldiers and soldiers' and sailors' homes: PROVIDED, That the term "employees" as used in this paragraph shall include ((furloughed, pensioned and superannuated employees, persons who have become disabled or infirm in the service of any such company; and the term "families," as used in this paragraph, shall include the families of those persons named in this proviso,)) the families of persons killed or dying in the service, also the families of persons killed, and the surviving spouse prior to remarriage, and the minor children during minority of persons who died while in the service of any of the companies named in this paragraph: AND PROVIDED, FURTHER, That water companies may furnish free or at reduced rates water for the use of the state, or for any project in which the state is interested.

No gas company, electrical company or water company shall extend to any person or corporation any form of contract or agreement or any rule or regulation or any privilege or facility except such as are regularly and uniformly extended to all persons and corporations under like circumstances.

Sec. 9. Section 80.36.130, chapter 14, Laws of 1961 and RCW 80.36.130 are each amended to read as follows:

No telephone or telegraph company shall charge, demand, collect or receive different compensation for any service rendered or to be rendered than the charge applicable to such service as specified in its schedule on file and in effect at that time, nor shall any telephone company or telegraph company refund or remit, directly or indirectly, any portion of the rate or charge so specified, nor extend to any person or corporation any form of contract or agreement or any rule or regulation or any privilege or facility except such as are specified in its schedule filed and in effect at the time, and regularly and uniformly extended to all persons and corporations under like circumstances for like or substantially similar service.

No telephone company or telegraph company subject to the provisions of this title shall, directly or indirectly, give any free or reduced service or any free pass or frank for the transmission of messages by either telephone or telegraph between points within this state, except to ((~~its officers, employees, agents, pensioners, surgeons, physicians, attorneys at law, and their families, and~~)) persons and corporations exclusively engaged in charitable ((and eleemosynary work, and ministers of religion, Young Men's Christian Associations, Young Women's Christian Associations; to indigent and destitute persons, and to officers and employees of other telephone companies, telegraph companies, railroad companies and street railroad companies)) work and to low-income citizens as defined in section 3 of this 1985 act.

NEW SECTION. Sec. 10. Section 1, chapter 116, Laws of 1979, section 1, chapter 160, Laws of 1980 and RCW 74.38.070 are each repealed.

NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.