H-3706.3 _______________________________________________
HOUSE BILL 2649
_______________________________________________
State of Washington 54th Legislature 1996 Regular Session
By Representatives Horn, Scott and Reams
Read first time 01/16/96. Referred to Committee on Government Operations.
AN ACT Relating to establishing mechanisms for the transfer of solid waste collection authority between the utilities and transportation commission and a city, town, or combined city-county; amending RCW 35.02.160 and 35.13.280; adding new sections to chapter 81.77 RCW; adding new sections to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 35.67 RCW; adding a new section to chapter 36.65 RCW; adding a new section to chapter 35A.05 RCW; adding a new section to chapter 35.10 RCW; creating a new section; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) The legislature finds that existing mechanisms for the timely and responsible transfer of solid waste collection responsibilities from private solid waste collection companies regulated by the Washington utilities and transportation commission to either cities, towns, or a combined city‑county are confusing and contribute to legal actions, and that no mechanisms exist for such a municipality to establish or reestablish service.
(2) The legislature further finds that capital investments made by solid waste collection companies as required by the state solid waste reduction and recycling provisions of chapter 70.95 RCW and by jurisdictional solid waste plans have been and continue to be significant and that it is fair and equitable to address amortization of these costs and the cost of new required programs during a process of regulatory transfer.
(3) The legislature therefore declares that it is the intent and purpose of this act to provide for a common, consistent, and cooperative mechanism for the transfer of solid waste authority between solid waste collection companies and cities, towns, or a combined city‑county and to permit the amortization of costs incurred for implementing solid waste programs identified in solid waste plans or otherwise approved by local jurisdictions or a state agency.
NEW SECTION. Sec. 2. A new section is added to chapter 81.77 RCW to read as follows:
(1) After January 1, 1996, prior to a decision of a city, town, or a combined city‑county to undertake solid waste collection services pursuant to any grant of legislative authority previously granted by chapters 35.21, 35A.21, 35.67, and 36.65 RCW or other provisions of law existing as of the effective date of this act shall require the municipality to implement the provisions of RCW 81.77.020 by serving written notice upon the holder or holders of a certificate of public convenience and necessity issued by the commission, and upon the commission itself, of its intent to exercise its authority pursuant to RCW 81.77.020. This notice shall be served after the municipality conducts a hearing concerning the assumption of the rights, powers, functions, and obligations and upon a finding that the public welfare or interest are best served by such an assumption.
(2) The certificate holder or holders shall continue to provide solid waste collection service under the authority of the commission for a term of not less than ten years from the date of notice. The commission may not grant certificates of public convenience and necessity for that territory during the same period except upon the appropriate showing under RCW 81.77.040. The municipality is prohibited from providing for additional solid waste collection during the same period. However, this section does not preclude the purchase by the annexing, incorporating, or regulating city, town, or combined city‑county of the certificate of public convenience and necessity at an agreed upon price, or from acquiring the certificate by condemnation upon payment of damages, including a reasonable amount to compensate for the loss of the certificate of public convenience and necessity.
(3) In the event that any person, firm, or corporation whose franchise or permit has been canceled by the terms of this section suffers any measurable damages as a result of any action taken under this section, such person, firm, or corporation has a right of action against any city, town, or combined city‑county causing such damages. The action must be brought within ten years from the date of notice. In any action brought to enforce this section a collection company is entitled to receive its costs and reasonable attorney's fees.
NEW SECTION. Sec. 3. A new section is added to chapter 81.77 RCW to read as follows:
A city, town, or combined city‑county may at any time reverse its decision to exercise its authority under RCW 81.77.020. The commission shall, after consultation with affected municipalities and collection companies, adopt rules and procedures to follow in such an event. However, service to the area encompassed by the city, town, or combined city‑county shall be provided by the holder or holders of the commission certificate of public convenience and necessity prior to the municipality's exercise of authority pursuant to RCW 81.77.020. If there was no certificate existing for the area, or for portions of the area, or the previous holder or holders was compensated for its certificate property right, the commission shall consider applications for authority from solid waste collection companies who desire to serve the area, and award a certificate or certificate pursuant to RCW 81.77.040.
NEW SECTION. Sec. 4. A new section is added to chapter 81.77 RCW to read as follows:
(1) A solid waste collection company providing service pursuant to a certificate of public convenience and necessity issued by the commission shall have a right of action, including damages, against any person, firm, corporation, municipality, tribal government, or other state or local governmental entity that provides solid waste collection service outside its jurisdictional or contracting service areas and within the service area enumerated in the collection company's certificate. If the solid waste collection company prevails in such an action it is entitled to receive, in addition to damages, its costs and reasonable attorney's fees.
(2) In addition or in the alternative, the commission, upon complaint or its own motion, may investigate and enforce the provisions of this chapter in the event any person, firm, corporation, municipality, tribal government, or other state or local governmental entity that provides solid waste collection service outside its jurisdictional or contracting service areas, or without direct legislative authority, within the service area enumerated in a certificate of public convenience and necessity issued to a company or companies.
Sec. 5. RCW 35.02.160 and 1986 c 234 s 24 are each amended to read as follows:
The
incorporation of any territory as a city or town shall cancel, as of the
effective date of such incorporation, any franchise or permit ((theretofore))
previously granted to any person, firm, or corporation by the
state of Washington, or by the governing body of such incorporated territory,
authorizing or otherwise permitting the operation of any public
transportation((, garbage collection and/or disposal)) or other similar
public service business or facility within the limits of the incorporated
territory((, but)). However, the holder of any such franchise or
permit canceled pursuant to this section shall be ((forthwith)) immediately
granted by the incorporating city or town a franchise to continue such business
within the incorporated territory for a term of not less than the remaining
term of the original franchise or permit, or five years, whichever is the
shorter period((, and)). The incorporating city or town, by
franchise, permit, or public operation, shall not extend similar or
competing services to the incorporated territory except upon a proper showing
of the inability or refusal of such person, firm, or corporation to
adequately service ((said)) the incorporated territory at a
reasonable price((: PROVIDED, That)). The provisions of this
section ((shall)) do not preclude the purchase by the
incorporating city or town of ((said)) the franchise, business,
or facilities at an agreed or negotiated price, or from acquiring the same by
condemnation upon payment of damages, including a reasonable amount for the
loss of the franchise or permit. In the event that any person, firm, or
corporation whose franchise or permit has been canceled by the terms of this
section ((shall)) suffers any measurable damages as a result of
any incorporation pursuant to the provisions of chapter 35.02 RCW, such person,
firm, or corporation ((shall have)) has a right of action
against any city or town causing such damages. Solid waste franchises are
governed by section 2 of this act.
Sec. 6. RCW 35.13.280 and 1994 c 81 s 15 are each amended to read as follows:
The
annexation by any city or town of any territory pursuant to those provisions of
chapter 35.10 RCW which relate to the annexation of a city or town to a city or
town, or pursuant to the provisions of chapter 35.13 RCW shall cancel, as of
the effective date of such annexation, any franchise or permit ((theretofore))
previously granted to any person, firm, or corporation by the
state of Washington, or by the governing body of such annexed territory,
authorizing or otherwise permitting the operation of any public transportation((,
garbage collection and/or disposal)) or other similar public service
business or facility within the limits of the annexed territory((, but)).
The holder of any such franchise or permit canceled pursuant to this
section shall be ((forthwith)) immediately granted by the
annexing city or town a franchise to continue such business within the annexed
territory for a term of not less than five years from the date of issuance
thereof, and the annexing city or town, by franchise, permit or public
operation, shall not extend similar or competing services to the annexed
territory except upon a proper showing of the inability or refusal of such
person, firm, or corporation to adequately service ((said)) the
annexed territory at a reasonable price((: PROVIDED, That)). The
provisions of this section ((shall)) do not preclude the purchase
by the annexing city or town of ((said)) the franchise, business,
or facilities at an agreed or negotiated price, or from acquiring the same by
condemnation upon payment of damages, including a reasonable amount for the
loss of the franchise or permit. In the event that any person, firm, or
corporation whose franchise or permit has been canceled by the terms of this
section ((shall)) suffers any measurable damages as a result of
any annexation ((pursuant to the provisions of the laws above-mentioned)),
such person, firm, or corporation ((shall have)) has a
right of action against any city or town causing such damages. Solid waste
franchises are governed by section 2 of this act.
NEW SECTION. Sec. 7. A new section is added to chapter 35.21 RCW to read as follows:
A city, town, or combined city‑county that collects solid waste by contract or by municipal employees as of January 1, 1996, has exercised its options under RCW 81.77.020. A city, town, or combined city‑county not exercising its option to provide solid waste collection under RCW 81.77.020 has elected solid waste regulation by the utilities and transportation commission pursuant to chapter 81.77 RCW.
NEW SECTION. Sec. 8. A new section is added to chapter 35A.21 RCW to read as follows:
Chapter . . ., Laws of 1996 (this act) applies to code cities. A code city may exercise the powers, in the manner provided, perform the duties, and shall have the rights and obligations under section 2 of this act and RCW 81.77.020, subject to the conditions and limitations provided.
NEW SECTION. Sec. 9. A new section is added to chapter 35.21 RCW to read as follows:
Chapter . . ., Laws of 1996 (this act) applies to cities and towns. A city or town may exercise the powers, in the manner provided, perform the duties, and shall have the rights and obligations under section 2 of this act and RCW 81.77.020, subject to the conditions and limitations provided.
NEW SECTION. Sec. 10. A new section is added to chapter 35.67 RCW to read as follows:
Chapter . . ., Laws of 1996 (this act) applies to cities and towns. A city or town may exercise the powers, in the manner provided, perform the duties, and shall have the rights and obligations under section 2 of this act and RCW 81.77.020, subject to the conditions and limitations provided.
NEW SECTION. Sec. 11. A new section is added to chapter 36.65 RCW to read as follows:
Chapter . . ., Laws of 1996 (this act) applies to combined city‑county governments. A combined city‑county government may exercise the powers, in the manner provided, perform the duties, and shall have the rights and obligations under section 2 of this act and RCW 81.77.020, subject to the conditions and limitations provided.
NEW SECTION. Sec. 12. A new section is added to chapter 35A.05 RCW to read as follows:
Chapter . . ., Laws of 1996 (this act) applies to consolidated code cities. A consolidated code city may exercise the powers, in the manner provided, perform the duties, and shall have the rights and obligations under section 2 of this act and RCW 81.77.020, subject to the conditions and limitations provided.
NEW SECTION. Sec. 13. A new section is added to chapter 35.10 RCW to read as follows:
Chapter . . ., Laws of 1996 (this act) applies to consolidated cities or portions of a city annexed by another city. These cities may exercise the powers, in the manner provided, perform the duties, and shall have the rights and obligations under section 2 of this act and RCW 81.77.020, subject to the conditions and limitations provided.
NEW SECTION. Sec. 14. A new section is added to chapter 81.77 RCW to read as follows:
The commission, after consultation with representatives of cities and towns and solid waste carriers, shall adopt rules and procedures necessary to implement the provisions of chapter . . ., Laws of 1996 (this act).
NEW SECTION. Sec. 15. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.
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