6091-S

AN ACT Relating to combining water and sewer districts; amending RCW 57.02.010, 56.02.110, 57.02.030, 57.02.040, 56.02.070, 56.02.100, 57.02.050, 57.04.001, 57.04.020, 57.04.030, 57.04.050, 57.04.060, 57.04.065, 57.04.070, 56.04.080, 57.04.100, 57.04.110, 56.04.120, 56.04.130, 57.08.011, 57.08.014, 57.08.015, 57.08.016, 57.08.030, 57.08.040, 56.08.060, 57.08.047, 57.08.050, 57.08.060, 57.08.065, 56.08.012, 57.08.100, 57.08.105, 57.08.110, 57.08.120, 57.08.140, 57.08.017, 57.08.180, 57.08.150, 57.08.160, 57.08.170, 57.12.010, 57.12.015, 57.12.039, 57.12.020, 57.16.010, 56.08.030, 57.16.140, 57.16.050, 57.16.060, 57.16.073, 57.16.065, 56.20.030, 57.16.070, 57.16.080, 57.16.100, 57.16.090, 57.16.110, 57.16.150, 57.16.020, 57.20.015, 57.16.030, 57.16.035, 57.16.040, 57.20.020, 57.20.023, 57.20.025, 57.20.027, 57.20.030, 57.20.080, 57.20.090, 57.20.100, 57.20.110, 57.20.120, 57.20.130, 57.20.135, 57.20.140, 57.20.150, 57.20.160, 57.20.165, 57.20.170, 57.22.010, 57.22.020, 57.22.030, 57.22.040, 57.22.050, 57.24.010, 57.24.020, 57.24.040, 57.24.050, 57.24.070, 57.24.090, 57.24.170, 57.24.180, 57.24.190, 57.24.200, 57.24.210, 57.24.220, 57.28.010, 57.28.020, 57.28.030, 57.28.035, 57.28.040, 57.28.050, 57.28.060, 57.28.070, 57.28.080, 57.28.090, 57.28.100, 57.28.110, 57.32.010, 57.32.020, 57.32.021, 57.32.022, 57.32.023, 57.32.024, 57.32.130, 57.32.160, 57.36.010, 57.36.020, 57.36.030, 57.36.040, 57.40.135, 57.36.050, 57.42.010, 57.42.020, 57.42.030, 57.46.010, 57.46.020, 57.46.030, 57.90.001, 57.90.010, 57.90.020, 57.90.030, 57.90.040, 57.90.050, 57.90.100, 35.13.900, 35.58.570, 35.97.050, 35A.14.901, 35A.56.010, 35A.70.010, 36.29.160, 36.93.090, 36.94.420, 41.04.190, 43.99F.020, 82.02.020, 84.38.020, 90.03.510, and 90.03.525; adding new sections to chapter 57.02 RCW; adding new sections to chapter 57.08 RCW; adding new sections to Title 57 RCW; adding new sections to chapter 57.04 RCW; adding new sections to chapter 57.06 RCW; adding new sections to chapter 57.16 RCW; adding new sections to chapter 57.20 RCW; adding a new section to chapter 57.36 RCW; creating a new section; recodifying RCW 56.02.070, 56.02.100, 56.02.110, 56.04.080, 56.04.120, 56.04.130, 56.02.030, 56.02.080, 56.36.070, 56.08.060, 56.08.012, 56.08.170, 56.08.030, 56.20.030, 57.16.020, 57.16.030, 57.16.035, 57.16.040, and 57.40.135; and repealing RCW 56.02.010, 56.02.040, 56.02.050, 56.02.055, 56.02.060, 56.02.120, 56.04.001, 56.04.020, 56.04.030, 56.04.040, 56.04.050, 56.04.060, 56.04.065, 56.04.070, 56.04.090, 56.08.010, 56.08.013, 56.08.014, 56.08.015, 56.08.020, 56.08.040, 56.08.050, 56.08.065, 56.08.070, 56.08.075, 56.08.080, 56.08.090, 56.08.092, 56.08.100, 56.08.105, 56.08.110, 56.08.120, 56.08.130, 56.08.140, 56.08.150, 56.08.160, 56.08.180, 56.08.190, 56.08.200, 56.12.010, 56.12.015, 56.12.020, 56.12.030, 56.12.040, 56.12.050, 56.16.010, 56.16.020, 56.16.030, 56.16.035, 56.16.040, 56.16.050, 56.16.060, 56.16.065, 56.16.070, 56.16.080, 56.16.085, 56.16.090, 56.16.100, 56.16.110, 56.16.115, 56.16.130, 56.16.135, 56.16.140, 56.16.150, 56.16.160, 56.16.165, 56.16.170, 56.20.010, 56.20.015, 56.20.020, 56.20.032, 56.20.033, 56.20.040, 56.20.050, 56.20.060, 56.20.070, 56.20.080, 56.20.090, 56.20.120, 56.22.010, 56.22.020, 56.22.030, 56.22.040, 56.22.050, 56.24.001, 56.24.070, 56.24.080, 56.24.090, 56.24.100, 56.24.110, 56.24.120, 56.24.130, 56.24.140, 56.24.150, 56.24.180, 56.24.190, 56.24.200, 56.24.205, 56.24.210, 56.24.900, 56.28.001, 56.28.010, 56.28.020, 56.32.001, 56.32.010, 56.32.020, 56.32.030, 56.32.040, 56.32.050, 56.32.060, 56.32.070, 56.32.080, 56.32.090, 56.32.100, 56.32.110, 56.32.115, 56.32.120, 56.32.160, 56.36.001, 56.36.010, 56.36.020, 56.36.030, 56.36.040, 56.36.045, 56.36.050, 56.36.060, 56.40.010, 56.40.020, 56.40.030, 57.08.010, 57.08.045, 57.08.080, 57.08.090, 57.08.130, 57.12.030, 57.12.045, 57.40.001, 57.40.100, 57.40.110, 57.40.120, 57.40.130, 57.40.140, and 57.40.150.

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

PART I - GENERAL PROVISIONS

NEW SECTION. Sec. 1. A new section is added to chapter 57.02 RCW to read as follows:

Every sewer district and every water district previously created shall be reclassified and shall become a water-sewer district, and shall be known as the ". . . . . Water-Sewer District," or "Water-Sewer District No. . . . ." or shall continue to be known as a "sewer district" or a "water district," with the existing name or number inserted, as appropriate. As used in this title, "district" means a water-sewer district, a sewer district, or a water district. All debts, contracts, and obligations previously made or incurred by or in favor of any water district or sewer district, and all bonds or other obligations issued or executed by those districts, and all assessments or levies, and all other things and proceedings done or taken by those districts or by their respective officers, are declared legal and valid and of full force and effect.

Sec. 2. RCW 57.02.010 and 1982 1st ex.s. c 17 s 8 are each amended to read as follows:

Wherever in this title ((~~57 RCW~~)) petitions are required to be signed by the owners of property, the following rules shall govern the sufficiency ((~~thereof~~)) of the petitions:

(1) The signature of a record owner, as determined by the records of the county auditor of the county in which the real property is located, shall be sufficient without the signature of ((~~his or her~~)) the owner's spouse.

(2) ((~~In the case of~~)) For mortgaged property, the signature of the mortgagor shall be sufficient.

(3) ((~~In the case of~~)) For property purchased on contract, the signature of the contract purchaser, as shown by the records of the county auditor of the county in which the real property is located, shall be ((~~deemed~~)) sufficient.

(4) Any officer of a corporation owning land in the district duly authorized to execute deeds or encumbrances on behalf of the corporation may sign on behalf of ((~~such~~)) that corporation((~~: PROVIDED~~)), except that there shall be attached to the petition a certified excerpt from the bylaws showing such authority.

(5) If any property in the district stands in the name of a deceased person or any person for whom a guardian has been appointed, the signature of the ((~~executor~~)) personal representative, administrator, or guardian, as the case may be, shall be equivalent to the signature of the owner of the property.

Sec. 3. RCW 56.02.110 and 1979 c 35 s 3 are each amended to read as follows:

((~~(1)~~)) The board of commissioners of a ((~~sewer~~)) district may notify the owner or reputed owner of any tract, parcel of land, or other property located within the area included in a petition for a local improvement district or utility local improvement district being circulated under chapter ((~~56.20~~)) 57.16 RCW or in a petition for annexation being circulated under chapter ((~~56.24~~)) 57.24 RCW.

((~~(2)~~)) Upon the request of any person, the board of commissioners of a ((~~sewer~~)) district may:

((~~(a)~~)) (1) Review a proposed petition ((~~to check if the petition is properly drafted~~)) for proper drafting; and

((~~(b)~~)) (2) Provide information regarding the effects of the adoption of any proposed petition.

Sec. 4. RCW 57.02.030 and 1959 c 108 s 19 are each amended to read as follows:

The rule of strict construction shall ((~~have no application~~)) not apply to this title, ((~~but the same~~)) which shall be liberally construed to carry out ((~~the~~)) its purposes and objects ((~~for which this title is intended~~)).

Sec. 5. RCW 57.02.040 and 1988 c 162 s 7 are each amended to read as follows:

(1) Notwithstanding any provision of law to the contrary, ((no water district shall be formed or reorganized under chapter 57.04 RCW, nor shall any water district annex territory under chapter 57.24 RCW, nor shall any water district withdraw territory under chapter 57.28 RCW, nor shall any water district consolidate under chapter 57.32 RCW, nor shall any water district be merged under chapter 57.36 RCW, nor shall any sewer district be merged into a water district under chapter 57.40 RCW, unless such proposed action)) the following proposed actions shall be approved as provided for in RCW 56.02.070 (as recodified by this act):

(a) Formation or reorganization under chapter 57.04 RCW;

(b) Annexation of territory under chapter 57.24 RCW;

(d) Consolidation under chapter 57.32 RCW; and

(e) Merger under chapter 57.36 RCW.

((~~The county legislative authority shall within thirty days of the date after receiving~~)) (2) At least one of the districts involved shall give notice of the proposed action((~~, approve such action or hold a hearing on such action. In addition, a copy of such proposed action shall be mailed~~)) to the county legislative authority, state department of ecology, and ((~~to the~~)) state department of ((~~social and~~)) health ((~~services~~)). The county legislative authority shall within thirty days of receiving notice of the proposed action approve the action or hold a hearing on the action.

(3) The county legislative authority shall decide within sixty days of a hearing whether to approve or not approve ((~~such~~)) the proposed action. In approving or not approving the proposed action, the county legislative authority shall consider the following criteria:

((~~(1)~~)) (a) Whether the proposed action in the area under consideration is in compliance with the development program ((~~which~~)) that is outlined in the county comprehensive plan and its supporting documents; ((~~and/or~~

~~(2)~~)) (b) Whether the proposed action in the area under consideration is in compliance with the basinwide water and/or sewage plan as approved by the state department of ecology and the state department of social and health services; ((~~and/or~~)) and

((~~(3)~~)) (c) Whether the proposed action is in compliance with the policies expressed in the county plan for water and/or sewage facilities.

(4) If the proposed action is inconsistent with subsection((~~s (1), (2), or~~)) (3) (a), (b), or (c) of this section, the county legislative authority shall not approve it. If ((~~such~~)) the proposed action is consistent with ((~~all such~~)) subsection((s)) (3) (a), (b), and (c) of this section, the county legislative authority shall approve it unless it finds that ((~~utility~~)) water or sewer service in the area under consideration will be most appropriately served by the county itself under the provisions of chapter 36.94 RCW, or by ((a)) another district, city, town, or municipality((~~, or by another existing special purpose district rather than by the proposed action under consideration~~)). If there has not been adopted for the area under consideration a plan under ((~~any one of subsections (1), (2) or~~)) subsection (3) (a), (b), or (c) of this section, the proposed action shall not be found inconsistent with such subsection.

(5) Where a ((~~water~~)) district is proposed to be formed, and where no boundary review board ((~~has been~~)) is established, the petition described in RCW 57.04.030 shall serve as the notice of proposed action under this section, and the hearing provided for in RCW 57.04.030 shall serve as the hearing provided for in this section and in RCW 56.02.070 (as recodified by this act).

Sec. 6. RCW 56.02.070 and 1988 c 162 s 6 are each amended to read as follows:

In any county where a boundary review board, as provided in chapter 36.93 RCW, ((~~has~~)) is not ((~~been~~)) established, the approval of the proposed action shall be by the county legislative authority pursuant to RCW ((~~56.02.060 and~~)) 57.02.040((,)) and shall be final, and the procedures required to adopt such proposed action shall be followed as provided by law.

In any county where a boundary review board, as provided in chapter 36.93 RCW, ((~~has been~~)) is established, a notice of intention of the proposed action shall be filed with the board as required by RCW 36.93.090 and ((~~a copy thereof~~)) with the county legislative authority. The ((~~latter~~)) county legislative authority shall transmit to the board a report of its approval or disapproval of the proposed action together with its findings and recommendations ((~~thereon~~)) under ((~~the provisions of RCW 56.02.060 and~~)) 57.02.040. ((If)) Approval by the county legislative authority ((~~has approved~~)) of the proposed action((~~, such approval~~)) shall be final and the procedures required to adopt ((~~such~~)) the proposal shall be followed as provided by law, unless the board reviews the action under ((~~the provisions of~~)) RCW 36.93.100 through 36.93.180. If the county legislative authority ((~~has~~)) does not ((~~approved~~)) approve the proposed action, the board shall review the action under ((~~the provisions of~~)) RCW 36.93.150 through 36.93.180. The action of the board ((~~after review of the proposed action~~)) shall supersede approval or disapproval by the county legislative authority.

Where a ((~~water or sewer~~)) district is proposed to be formed, and where no boundary review board has been established, the hearings provided for in RCW ((~~56.04.040 and~~)) 57.04.030 shall serve as the hearing provided for in this section((~~, in RCW 56.02.060,~~)) and in RCW 57.02.040.

Sec. 7. RCW 56.02.100 and 1977 ex.s. c 208 s 3 are each amended to read as follows:

The procedures and provisions of RCW 85.08.830 through 85.08.890, which are applicable to drainage improvement districts, joint drainage improvement districts, or consolidated drainage improvement districts ((~~which~~)) that desire to merge into ((an)) irrigation districts, shall also apply to ((~~sewer~~)) districts organized, or reorganized, under this title ((~~which~~)) that desire to merge into irrigation districts.

The authority granted by this section shall be cumulative and in addition to any other power or authority granted by law to any ((~~sewer~~)) district.

Sec. 8. RCW 57.02.050 and 1994 c 223 s 66 are each amended to read as follows:

Whenever the boundaries or proposed boundaries of a ((~~water~~)) district include or are proposed to include by means of formation, annexation, consolidation, or merger ((~~(including merger with a sewer district)~~)), territory in more than one county((,)):

(1) All duties delegated by this title ((~~57 RCW~~)) to officers of the county in which the district is located shall be delegated to the officers of the county in which the largest land area of the district is located, except that elections shall be conducted pursuant to general election law((,));

(2) Actions subject to review and approval under RCW 57.02.040 ((~~and 56.02.070~~)) shall be reviewed and approved only by the officers or boards in the county in which such actions are proposed to occur((,));

(3) Verification of ((~~electors'~~)) voters' signatures shall be conducted by the county election officer of the county in which such signators reside((,)); and

(4) Comprehensive plan review and approval or rejection by the respective county legislative authorities under RCW 57.16.010 shall be limited to that part of such plans within the respective counties.

PART II - FORMATION AND DISSOLUTION

Sec. 201. RCW 57.04.001 and 1989 c 84 s 56 are each amended to read as follows:

Actions taken under this chapter ((~~57.04 RCW~~)) may be subject to potential review by a boundary review board under chapter 36.93 RCW.

Sec. 202. RCW 57.04.020 and 1982 1st ex.s. c 17 s 9 are each amended to read as follows:

Water-sewer districts ((~~for the acquirement, construction, maintenance, operation, development and regulation of a water supply system and providing for additions and betterments thereto~~)) are authorized to be established for the purposes of chapter 57.08 RCW. Such districts may include within their boundaries one or more counties, incorporated cities and towns, or other political subdivisions. No portion or all of any incorporated city or town may be included without the consent by resolution of the city or town legislative authority.

Sec. 203. RCW 57.04.030 and 1990 c 259 s 27 are each amended to read as follows:

(1) For the purpose of formation of water-sewer districts, a petition shall be presented to the county legislative authority of each county in which the proposed ((~~water~~)) district is located((~~, which~~)). The petition shall set forth the ((~~object~~)) reasons for the creation of the district, ((~~shall~~)) designate the boundaries ((~~thereof and set forth the further fact~~)) of the district, and state that establishment of the district will be conducive to the public health, convenience, and welfare and will be of benefit to the property included in the district. The petition shall state the proposed name of the district, which may be ". . . . . . . Sewer-Water District," ". . . . . . . Water District," ". . . . . . . Sewer District" or may be designated by a number such as ". . . . . . . . County Water-Sewer District No. . . .." The petition shall specify the proposed property tax levy assessment, if any, which shall not exceed one dollar and twenty-five cents per thousand dollars of assessed value, for general preliminary expenses of the district. The petition shall be signed by at least ten percent of the registered voters who voted in the last general municipal election, who shall be qualified ((~~electors~~)) voters on the date of filing the petition, residing within the district described in the petition.

The petition shall be filed with the county auditor of each county in which the proposed district is located, who shall((,)) within ten days examine and verify the signatures ((of the signers residing in the county; and for such purpose the county election official shall have access to all registration books in the possession of the officers of any incorporated city or town in such proposed district)) on the petition. No person having signed such a petition shall be allowed to withdraw ((~~his~~)) the person's name from the petition after the filing of the petition with the county election officer. The petition shall be transmitted to the election officer of the county in which the largest land area of the district is located who shall certify to the sufficiency or insufficiency of the number of signatures. If the petition shall be found to contain a sufficient number of signatures, the county election officer shall then transmit ((~~the same~~)) it, together with a certificate of sufficiency attached thereto to the county legislative authority of each county in which the proposed district is located.

(2) If in the opinion of the county health officer the existing water, sewerage, or drainage facilities are inadequate in the district to be created, and creation of the district is necessary for public health and safety, then the legislative authority of the county may declare by resolution that a water-sewer district is a public health and safety necessity, and the district shall be organized under this title, without a petition being required.

(3) Following receipt of a petition certified to contain a sufficient number of signatures, or upon declaring a district to be a public health and safety necessity, at a regular or special meeting the county legislative authority shall cause to be published once a week for at least two weeks in one or more newspapers of general circulation in the proposed district, a notice that such a petition has been presented, stating the time of the meeting at which the petition shall be considered, and setting forth the boundaries of the proposed district. When ((~~such~~)) a petition is presented for hearing, each county legislative authority shall hear the petition or may adjourn the hearing from time to time not exceeding one month in all. Any person, firm, or corporation may appear before the county legislative authority and make objections to the establishment of the district or the proposed boundary lines thereof. Upon a final hearing each county legislative authority shall make such changes in the proposed boundary lines within the county as it deems to be proper and shall establish and define the boundaries and shall find whether the proposed ((~~water~~)) district will be conducive to the public health, welfare, and convenience and be of special benefit to the land included within the boundaries of the proposed district. No lands ((~~which~~)) that will not, in the judgment of the county legislative authority, be ((~~benefited~~)) benefitted by inclusion therein, shall be included within the boundaries of the district. No change shall be made by the county legislative authority in the boundary lines to include any territory outside of the boundaries described in the petition, except that the boundaries of any proposed district may be extended by the county legislative authority to include other lands in the county upon a petition signed by the owners of all of the land within the proposed extension.

Sec. 204. RCW 57.04.050 and 1994 c 292 s 2 are each amended to read as follows:

Upon entry of the findings of the final hearing on the petition if one or more county legislative authorities find that the proposed district will be conducive to the public health, welfare, and convenience and ((~~be of special~~)) will benefit ((to)) the land therein, they shall call a special election by presenting a resolution to the county auditor at least forty‑five days prior to the proposed election date. A special election ((~~will~~)) shall be held on a date decided by the commissioners in accordance with RCW 29.13.010 and 29.13.020. The commissioners shall cause to be published a notice of the election for four successive weeks in a newspaper of general circulation in the proposed district, which notice shall state the hours during which the polls will be open, the boundaries of the district as finally adopted and the object of the election, and the notice shall also be posted ((~~for~~)) ten days in ten public places in the proposed district. In submitting the proposition to the voters, it shall be expressed on the ballots in the following terms:

((~~Water~~)) . . . . . District........................... YES G

((~~Water~~)) . . . . . District........................... NO G

giving the name of the district as provided in the petition. The proposition to be effective must be approved by a majority of the voters voting on the proposition.

At the same election a proposition shall be submitted to the voters, for their approval or rejection, authorizing the ((~~water~~)) district, if formed, to levy at the earliest time permitted by law on all property located in the district a general tax for one year, in excess of the limitations provided by law, in the amount specified in the petition to create the district, not to exceed one dollar and twenty-five cents per thousand dollars of assessed value, for general preliminary expenses of the district((~~. The proposition may not appear at the September or November election. The proposition shall~~)), that proposition to be expressed on the ballots in the following terms:

One year . . . . . . dollars and . . . . . . cents per thousand dollars of assessed value tax................. YES G

((~~One year . . . . . . dollars and . . . . . . cents per thousand dollars of assessed value tax~~...... ))NO G

((~~Such~~)) The proposition to be effective must be approved by at least three-fifths of the voters voting on the proposition in the manner set forth in Article VII, section 2(a) of the state Constitution ((~~of this state~~)), as amended by Amendment 59 and as thereafter amended.

Sec. 205. RCW 57.04.060 and 1929 c 114 s 5 are each amended to read as follows:

If at ((~~such~~)) the election a majority of the voters voting upon ((~~such~~)) the proposition ((~~shall~~)) vote in favor of the formation of ((~~such~~)) the district the ((~~board of~~)) county ((~~commissioners~~)) legislative authority shall so declare in its canvass of the returns of ((~~such~~)) the election to be made within ten days after the date of the election, and ((~~such water~~)) the district shall then be and become a municipal corporation of the state of Washington, and the name of ((~~such water~~)) the district shall be ((~~". . . . . . Water District" (inserting the name appearing on the ballot)~~)) the name of the district as provided in the petition and the ballot.

Sec. 206. RCW 57.04.065 and 1984 c 147 s 7 are each amended to read as follows:

Any ((~~water~~)) district ((~~heretofore or hereafter organized and existing~~)) may apply to change its name by filing with the county legislative authority in which was filed the original petition for organization of the district, a certified copy of a resolution of its board of commissioners adopted by majority vote of all of the members of ((~~said~~)) that board at a regular meeting thereof providing for such change of name. After approval of the new name by the county legislative authority, all proceedings for ((~~such~~)) the district((s)) shall be had under ((~~such~~)) the changed name, but all existing obligations and contracts of the district entered into under its former name shall remain outstanding without change and with the validity thereof unimpaired and unaffected by such change of name((~~, and the~~)). A change of name heretofore made by any existing ((~~water~~)) district in this state, substantially in the manner ((~~above~~)) approved under this section, is ((~~hereby~~)) ratified, confirmed, and validated.

Sec. 207. RCW 57.04.070 and 1985 c 141 s 6 are each amended to read as follows:

Whenever two or more petitions for the formation of a ((~~water~~)) district shall be filed as provided in this chapter, the petition describing the greater area shall supersede all others and an election shall first be held thereunder, and no lesser ((~~water~~)) district shall ever be created within the limits in whole or in part of any ((~~water~~)) district, except as provided in RCW ((~~57.40.150 and~~)) 36.94.420((~~, as now or hereafter amended~~)).

Sec. 208. RCW 56.04.080 and 1941 c 210 s 40 are each amended to read as follows:

All elections held pursuant to this title, whether general or special, shall be conducted by the county ((~~election board~~)) auditor of the county in which the district is located. Except as provided in section 405 of this act, the expense of all such elections shall be paid for out of the funds of ((~~such sewer~~)) the district.

Sec. 209. RCW 57.04.100 and 1994 c 81 s 80 are each amended to read as follows:

Any ((~~water~~)) district ((~~organized under this title~~)) may be disincorporated in the same manner (insofar as the same is applicable) as is provided in RCW 35.07.010 through 35.07.220 for the disincorporation of cities and towns, except that the petition for disincorporation shall be signed by not less than twenty-five percent of the voters in the ((~~water~~)) district.

Sec. 210. RCW 57.04.110 and 1955 c 358 s 1 are each amended to read as follows:

A ((~~water~~)) district whose boundaries are identical with the boundaries of an incorporated city or town may be dissolved by summary dissolution proceedings if the ((~~water~~)) district is free from all debts and liabilities except contractual obligations between the district and the city or town. Summary dissolution shall take place if the board of commissioners of the ((~~water~~)) district votes unanimously to dissolve the district and to turn all of its property over to the city or town within which the district lies, and the council of such city or town unanimously passes an ordinance accepting the conveyance of the property and assets of the district tendered to the city or town by the ((~~water~~)) district.

Sec. 211. RCW 56.04.120 and 1991 c 363 s 136 are each amended to read as follows:

(1) On and after March 16, 1979, any sewerage improvement districts created under Title 85 RCW and located in a county with a population of from forty thousand to less than seventy thousand shall become ((~~sewer~~)) districts and shall be operated, maintained, and have the same powers as ((~~sewer~~)) districts created under this title ((~~56 RCW~~)), upon being so ordered by the county legislative authority of the county in which such district is located after a hearing of which notice is given by publication in a newspaper of general circulation within the district and mailed to any known creditors, holders of contracts, and obligees at least thirty days prior to such hearing. After such hearing if the county legislative authority finds the converting of such district to be in the best interest of that district, it shall order that such sewer improvement district shall become a ((~~sewer~~)) district and fix the date of such conversion. All debts, contracts, and obligations created while attempting to organize or operate a sewerage improvement district and all other financial obligations and powers of the district to satisfy such obligations established under Title 85 RCW are legal and valid until they are fully satisfied or discharged under Title 85 RCW.

(2) The board of supervisors of a sewerage improvement district in a county with a population of from forty thousand to less than seventy thousand shall act as the board of commissioners of the ((~~sewer~~)) district ((~~created~~)) under subsection (1) of this section until other members of the board of commissioners of the ((~~sewer~~)) district are elected and qualified. There shall be an election on the same date as the 1979 state general election and the seats of all three members of the governing authority of every entity which was previously known as a sewerage improvement district in a county with a population of from forty thousand to less than seventy thousand shall be up for election. The election shall be held in the manner provided for in ((~~RCW 56.12.020~~)) sections 404 and 405 of this act for the election of the first board of commissioners of a ((~~sewer~~)) district. Thereafter, the terms of office of the members of the governing body shall be determined under ((~~RCW 56.12.020~~)) sections 404 and 405 of this act.

Sec. 212. RCW 56.04.130 and 1979 c 35 s 2 are each amended to read as follows:

Any sewerage improvement district which has been operating as a sewer district shall be a ((~~sewer~~)) district under this title as of March 16, 1979, upon being so ordered by the ((~~board of~~)) county ((~~commissioners~~)) legislative authority of the county in which such district is located after a hearing of which notice is given by publication in a newspaper of general circulation within the district and mailed to any known creditors, holders of contracts, and obligees at least thirty days prior to such hearing. After such hearing if the ((~~board of~~)) county ((~~commissioners~~)) legislative authority finds that the sewerage improvement district was operating as a ((~~sewer~~)) district and that the converting of such district will be in the best interest of that district, it shall order that such sewer improvement district shall become a ((~~sewer~~)) district immediately upon the passage of the resolution containing such order. The debts, contracts, and obligations of any sewerage improvement district which has been erroneously operating as a ((~~sewer~~)) district are recognized as legal and binding. The members of the government authority of any sewerage improvement district which has been operating as a ((~~sewer~~)) district and who were erroneously elected as sewer district commissioners shall be recognized as the governing authority of a ((~~sewer~~)) district. The members of the governing authority shall continue in office for the term for which they were elected.

PART III - POWERS

NEW SECTION. Sec. 301. A district shall have the following powers:

(1) To acquire by purchase or condemnation, or both, all lands, property and property rights, and all water and water rights, both within and without the district, necessary for its purposes. The right of eminent domain shall be exercised in the same manner and by the same procedure as provided for cities and towns, insofar as consistent with this title, except that all assessment or reassessment rolls to be prepared and filed by eminent domain commissioners or commissioners appointed by the court shall be prepared and filed by the district, and the duties devolving upon the city treasurer are imposed upon the county treasurer;

(2) To lease real or personal property necessary for its purposes for a term of years for which that leased property may reasonably be needed;

(3) To construct, condemn and purchase, add to, maintain, and supply waterworks to furnish the district and inhabitants thereof, any city or town therein, and any other persons, both within and without the district, with an ample supply of water for all uses and purposes public and private with full authority to regulate and control the use, content, distribution, and price thereof in such a manner as is not in conflict with general law and may construct, acquire, or own buildings and other necessary district facilities. Where a customer connected to the district's system uses the water on an intermittent or transient basis, a district may charge for providing water service to such a customer, regardless of the amount of water, if any, used by the customer. District waterworks may include facilities which result in combined water supply and electric generation, if the electricity generated thereby is a byproduct of the water supply system. That electricity may be used by the district or sold to any entity authorized by law to use or distribute electricity. Electricity is deemed a byproduct when the electrical generation is subordinate to the primary purpose of water supply. For such purposes, a district may take, condemn and purchase, acquire, and retain water from any public or navigable lake, river or watercourse, or any underflowing water, and by means of aqueducts or pipeline conduct the same throughout the district and any city or town therein and carry it along and upon public highways, roads, and streets, within and without such district. For the purpose of constructing or laying aqueducts or pipelines, dams, or waterworks or other necessary structures in storing and retaining water or for any other lawful purpose such district may occupy the beds and shores up to the high water mark of any such lake, river, or other watercourse, and may acquire by purchase or condemnation such property or property rights or privileges as may be necessary to protect its water supply from pollution. For the purposes of waterworks which include facilities for the generation of electricity as a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to acquire such rights or facilities without the consent of the owner;

(4) To purchase and take water from any municipal corporation, private person, or entity. A district contiguous to Canada may contract with a Canadian corporation for the purchase of water and for the construction, purchase, maintenance, and supply of waterworks to furnish the district and inhabitants thereof and residents of Canada with an ample supply of water under the terms approved by the board of commissioners;

(5) To construct, condemn and purchase, add to, maintain, and operate systems of sewers for the purpose of furnishing the district, the inhabitants thereof, and persons outside the district with an adequate system of sewers for all uses and purposes, public and private, including but not limited to on-site sewage disposal facilities, approved septic tanks or approved septic tank systems, other facilities and systems for the collection, interception, treatment, and disposal of wastewater, and for the control of pollution from wastewater and for the protection, preservation, and rehabilitation of surface and underground waters, facilities for the drainage and treatment of storm or surface waters, public highways, streets, and roads with full authority to regulate the use and operation thereof and the service rates to be charged. Sewage facilities may include facilities which result in combined sewage disposal, treatment, or drainage and electric generation, except that the electricity generated thereby is a byproduct of the system of sewers. Such electricity may be used by the district or sold to any entity authorized by law to distribute electricity. Electricity is deemed a byproduct when the electrical generation is subordinate to the primary purpose of sewage disposal, treatment, or drainage. For such purposes a district may conduct sewage throughout the district and throughout other political subdivisions within the district, and construct and lay sewer pipe along and upon public highways, roads, and streets, within and without the district, and condemn and purchase or acquire land and rights of way necessary for such sewer pipe. A district may erect sewage treatment plants within or without the district, and may acquire, by purchase or condemnation, properties or privileges necessary to be had to protect any lakes, rivers, or watercourses and also other areas of land from pollution from its sewers or its sewage treatment plant. For the purposes of sewage facilities which include facilities that result in combined sewage disposal, treatment, or drainage and electric generation where the electric generation is a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to acquire such rights or facilities without the consent of the owners;

(6) To construct, condemn, acquire, and own buildings and other necessary district facilities;

(7) To compel all property owners within the district located within an area served by the district's system of sewers to connect their private drain and sewer systems with the district's system under such penalty as the commissioners shall prescribe by resolution. The district may for such purpose enter upon private property and connect the private drains or sewers with the district system and the cost thereof shall be charged against the property owner and shall be a lien upon property served;

(8) Where a district contains within its borders, abuts, or is located adjacent to any lake, stream, ground water as defined by RCW 90.44.035, or other waterway within the state of Washington, to provide for the reduction, minimization, or elimination of pollutants from those waters in accordance with the district's comprehensive plan, and to issue general obligation bonds, revenue bonds, local improvement district bonds, or utility local improvement bonds for the purpose of paying all or any part of the cost of reducing, minimizing, or eliminating the pollutants from these waters;

(9) To fix rates and charges for water, sewer, and drain service supplied and to charge property owners seeking to connect to the district's systems, as a condition to granting the right to so connect, in addition to the cost of the connection, such reasonable connection charge as the board of commissioners shall determine to be proper in order that those property owners shall bear their equitable share of the cost of the system. For the purposes of calculating a connection charge, the board of commissioners shall determine the pro rata share of the cost of existing facilities and facilities planned for construction within the next ten years and contained in an adopted comprehensive plan and other costs borne by the district which are directly attributable to the improvements required by property owners seeking to connect to the system. The cost of existing facilities shall not include those portions of the system which have been donated or which have been paid for by grants. The connection charge may include interest charges applied from the date of construction of the system until the connection, or for a period not to exceed ten years, whichever is shorter, at a rate commensurate with the rate of interest applicable to the district at the time of construction or major rehabilitation of the system, or at the time of installation of the lines to which the property owner is seeking to connect. A district may permit payment of the cost of connection and the reasonable connection charge to be paid with interest in installments over a period not exceeding fifteen years. The county treasurer may charge and collect a fee of three dollars for each year for the treasurer's services. Those fees shall be a charge to be included as part of each annual installment, and shall be credited to the county current expense fund by the county treasurer. Revenues from connection charges excluding permit fees are to be considered payments in aid of construction as defined by department of revenue rule.

Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state of Washington and state property, shall be subject to rates and charges for sewer, water, storm water control, drainage, and street lighting facilities to the same extent private persons and private property are subject to those rates and charges that are imposed by districts. In setting those rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property;

(10) To contract with individuals, associations and corporations, the state of Washington, and the United States;

(11) To employ such persons as are needed to carry out the district's purposes and fix salaries and any bond requirements for those employees;

(12) To contract for the provision of engineering, legal, and other professional services as in the board of commissioner's discretion is necessary in carrying out their duties;

(13) To sue and be sued;

(14) To loan and borrow funds and to issue bonds and instruments evidencing indebtedness under chapter 57.20 RCW and other applicable laws;

(15) To transfer funds, real or personal property, property interests, or services subject to RCW 57.08.015;

(16) To levy taxes in accordance with this chapter and chapters 57.04 and 57.20 RCW;

(17) To provide for making local improvements and to levy and collect special assessments on property benefitted thereby, and for paying for the same or any portion thereof in accordance with chapter 57.16 RCW;

(18) To establish street lighting systems under RCW 57.08.060;

(19) To exercise such other powers as are granted to water-sewer districts by this title or other applicable laws; and

(20) To exercise any of the powers granted to cities and counties with respect to the acquisition, construction, maintenance, operation of, and fixing rates and charges for waterworks and systems of sewerage and drainage.

NEW SECTION. Sec. 302. Except upon approval of both districts by resolution, a district may not provide a service within an area in which that service is available from another district or within an area in which that service is planned to be made available under an effective comprehensive plan of another district.

Sec. 303. RCW 57.08.011 and 1989 c 308 s 14 are each amended to read as follows:

A ((~~water~~)) district may enter into a contract with any person, corporation, or other entity, public or private, that owns a water system located in the ((~~water~~)) district to manage, operate, maintain, or repair the water system. Such a contract may be entered into only if the general comprehensive plan of the ((~~water~~)) district reflects the water system that is to be so managed, operated, maintained, or repaired.

A ((~~water~~)) district shall be liable to provide the services provided in such a contract only if the required contractual payments are made to the district, and such payments shall be secured by a lien on the property served by the water system to the same extent that rates and charges imposed by the ((~~water~~)) district constitute liens on the property served by the district. The responsibility for all costs incurred by the water system in complying with water quality laws, regulations, and standards shall be solely that of the water system and not the ((~~water~~)) district, except to the extent payments have been made to the district for the costs of such compliance.

A ((~~water~~)) district periodically may transfer to another account surplus moneys that may accumulate in an account established by the district to receive payments for the provision of services for such a water system.

Sec. 304. RCW 57.08.014 and 1983 c 198 s 2 are each amended to read as follows:

In addition to the authority of a ((~~water~~)) district to establish classifications for rates and charges and impose such rates and charges, ((~~as provided in RCW 57.08.010 and 57.20.020,~~)) a ((~~water~~)) district may adjust((,)) or delay ((~~such~~)) those rates and charges for ((~~poor~~)) low-income persons or classes of ((~~poor~~)) low-income persons, including but not limited to, poor handicapped persons and poor senior citizens. Other financial assistance available to ((~~poor~~)) low-income persons shall be considered in determining charges and rates under this section. Notification of special rates or charges established under this section shall be provided to all persons served by the district annually and upon initiating service. Information on cost shifts caused by establishment of the special rates or charges shall be included in the notification. Any reduction in charges and rates granted to ((~~poor~~)) low-income persons in one part of a service area shall be uniformly extended to ((~~poor~~)) low-income persons in all other parts of the service area.

Sec. 305. RCW 57.08.015 and 1993 c 198 s 19 are each amended to read as follows:

The board of commissioners of a ((~~water~~)) district may sell, at public or private sale, property belonging to the district if the board determines that the property is not and will not be needed for district purposes and if the board gives notice of intention to sell as in this section provided((~~: PROVIDED, That~~)). However, no such notice of intention shall be required to sell personal property of less than two thousand five hundred dollars in value.

The notice of intention to sell shall be published once a week for two consecutive weeks in a newspaper of general circulation in the district. The notice shall describe the property and state the time and place at which it will be sold or offered for sale, the terms of sale, whether the property is to be sold at public or private sale, and if at public sale the notice shall call for bids, fix the conditions ((~~thereof~~)) of the bids and ((~~shall~~)) reserve the right to reject any and all bids.

Sec. 306. RCW 57.08.016 and 1993 c 198 s 20 are each amended to read as follows:

(1) There shall be no private sale of real property where the appraised value exceeds the sum of two thousand five hundred dollars. Subject to the provisions of subsection (2) of this section, no real property ((~~valued at two thousand five hundred dollars or more~~)) of the district shall be sold for less than ninety percent of the value thereof as established by a written appraisal made not more than six months prior to the date of sale by three disinterested real estate brokers licensed under the laws of the state or professionally designated real estate appraisers as defined in RCW 74.46.020. The appraisal shall be signed by the appraisers and filed with the secretary of the board of commissioners of the district, who shall keep it at the office of the district open to public inspection. Any notice of intention to sell real property of the district shall recite the appraised value thereof((~~: PROVIDED, That there shall be no private sale of real property where the appraised value exceeds the sum of two thousand five hundred dollars~~)).

(2) If no purchasers can be obtained for the property at ninety percent or more of its appraised value after one hundred twenty days of offering the property for sale, the board of commissioners of the ((~~water~~)) district may adopt a resolution stating that the district has been unable to sell the property at the ninety percent amount. The ((~~water~~)) district then may sell the property at the highest price it can obtain at public auction. A notice of intention to sell at public auction shall be published once a week for two consecutive weeks in a newspaper of general circulation in the ((~~water~~)) district. The notice shall describe the property, state the time and place at which it will be offered for sale and the terms of sale, and shall call for bids, fix the conditions thereof, and reserve the right to reject any and all bids.

Sec. 307. RCW 57.08.030 and 1933 c 142 s 2 are each amended to read as follows:

((~~Should the commissioners of any such water district decide that it would be to the advantage of~~)) (1) Whenever any district shall have installed a distributing system of water mains and laterals, and as a source of supply of water shall be purchasing or intending to purchase water from any city or town, and whenever it appears to be advantageous to the water consumers ((of such water district to make the conveyance provided for in RCW 57.08.020, they shall cause the proposition of making such conveyance to be submitted to the electors of the water district at any general election or at a special election to be called for the purpose of voting on the same. If at any such election a majority of the electors voting at such election shall be in favor of making such conveyance, the water district commissioners)) in the district that such city or town shall take over the water system of the district and supply water to those water users, the commissioners of the district, when authorized as provided in subsection (2) of this section, shall have the right to convey ((~~to such city or town the mains and laterals belonging to the water district upon such city or town entering into a contract satisfactory to the water commissioners to~~)) the distributing system to that city or town if that city or town is willing to accept, maintain, and repair the same.

(2) Should the commissioners of the district decide that it would be to the advantage of the water consumers of the district to make the conveyance provided for in subsection (1) of this section, they shall cause the proposition of making that conveyance to be submitted to the voters of the district at any general election or at a special election to be called for the purpose of voting on the same. If at the election a majority of the voters voting on the proposition shall be in favor of making the conveyance, the district commissioners shall have the right to convey to the city or town the mains and laterals belonging to the district upon the city or town entering into a contract satisfactory to the commissioners to maintain and repair the same.

(3) Whenever a city or town located wholly or in part within a district shall enter into a contract with the commissioners of a district providing that the city or town shall take over all of the operation of the facilities of the district located within its boundaries, the area of the district located within the city or town shall upon the execution of the contract cease to be served by the district for water service purposes. However, the affected land within that city or town shall remain liable for the payment of all assessments, any lien upon the property at the time of the execution of the agreement, and for any lien of all general obligation bonds due at the date of the contract, and the city shall remain liable for its fair prorated share of the debt of the area for any revenue bonds, outstanding as of the date of contract.

Sec. 308. RCW 57.08.040 and 1933 c 142 s 3 are each amended to read as follows:

Whenever any city or town is selling or proposes to sell water to a ((~~water district organized under the laws of the state of Washington and the provisions of RCW 57.08.020 and 57.08.030 have been complied with, any such~~)) district, the city or town may by ordinance accept a conveyance of any ((~~such~~)) distributing system and enter into a contract with the ((~~water~~)) district for the maintenance and repair of the system and the supplying of water to the ((~~water~~)) district consumers.

Sec. 309. RCW 56.08.060 and 1981 c 45 s 4 are each amended to read as follows:

A ((~~sewer~~)) district may enter into contracts with any county, city, town, ((~~sewer district, water district,~~)) or any other municipal corporation, or with any private person((~~, firm~~)) or corporation, for the acquisition, ownership, use, and operation of any property, facilities, or services, within or without the ((~~sewer~~)) district, and necessary or desirable to carry out the purposes of the ((~~sewer district, and a sewer district or a water district duly authorized to exercise sewer district powers may provide sewer service~~)) district. A district may provide services to property owners in areas within or without the limits of the district((~~: PROVIDED, That if any such area~~)), except that if the area to be served is located within another existing district duly authorized to exercise ((~~sewer~~)) district powers in ((~~such~~)) that area, then water, sewer, drainage, or street lighting service may not be so provided by contract or otherwise without the consent by resolution of the board of commissioners of ((~~such~~)) that other district.

Sec. 310. RCW 57.08.047 and 1989 c 84 s 57 are each amended to read as follows:

The provision of water or sewer service beyond the boundaries of a ((~~water~~)) district may be subject to potential review by a boundary review board under chapter 36.93 RCW.

Sec. 311. RCW 57.08.050 and 1994 c 31 s 2 are each amended to read as follows:

((~~(1) The board of water commissioners shall have authority to create and fill such positions and fix salaries and bonds thereof as it may by resolution provide.~~

~~(2)~~)) All materials purchased and work ordered, the estimated cost of which is in excess of five thousand dollars, shall be let by contract. All contract projects, the estimated cost of which is less than fifty thousand dollars, may be awarded to a contractor using ((a)) the small works roster process provided in RCW 39.04.155 or the process provided in RCW 39.04.190 for purchases. The board of ((~~water~~)) commissioners may set up uniform procedures to prequalify contractors for inclusion on the small works roster. All contract projects equal to or in excess of fifty thousand dollars shall be let by competitive bidding. Before awarding any such contract the board of ((~~water~~)) commissioners shall publish a notice in a newspaper of general circulation where the district is located at least once thirteen days before the last date upon which bids will be received, inviting sealed proposals for such work, plans and specifications which must at the time of publication of such notice be on file in the office of the board of ((~~water~~)) commissioners subject to the public inspection. ((~~Such~~)) The notice shall state generally the work to be done and shall call for proposals for doing the same to be sealed and filed with the board of water commissioners on or before the day and hour named therein.

((~~(3)~~)) Each bid shall be accompanied by a certified or cashier's check or postal money order payable to the order of the county treasurer for a sum not less than five percent of the amount of the bid, or accompanied by a bid bond in an amount not less than five percent of the bid with a corporate surety licensed to do business in the state, conditioned that the bidder will pay the district as liquidated damages the amount specified in the bond, unless the bidder enters into a contract in accordance with ((~~his or her~~)) the bidder's bid, and no bid shall be considered unless accompanied by such check, cash or bid bond. At the time and place named such bids shall be publicly opened and read and the board of ((~~water~~)) commissioners shall proceed to canvass the bids and may let such contract to the lowest responsible bidder upon plans and specifications on file or to the best bidder submitting ((~~his or her~~)) the bidder's own plans and specifications((~~: PROVIDED, That~~)). However, no contract shall be let in excess of the cost of the materials or work. The board of ((~~water~~)) commissioners may reject all bids for good cause and readvertise and in such case all checks, cash or bid bonds shall be returned to the bidders. If ((~~such~~)) the contract ((be)) is let, then all checks, cash, or bid bonds shall be returned to the bidders, except that of the successful bidder, which shall be retained until a contract shall be entered into for the purchase of such materials or doing ((~~such~~)) the work, and a bond to perform such work furnished with sureties satisfactory to the board of ((~~water~~)) commissioners in the full amount of the contract price between the bidder and the commission in accordance with the bid. If the bidder fails to enter into the contract in accordance with the bid and furnish ((~~such~~)) the bond within ten days from the date at which the bidder is notified that ((~~he or she~~)) the bidder is the successful bidder, the check, cash, or bid bonds and the amount thereof shall be forfeited to the ((~~water~~)) district((~~: PROVIDED, That~~)). If the bidder fails to enter into a contract in accordance with ((~~his or her~~)) the bidder's bid, and the board of ((~~water~~)) commissioners deems it necessary to take legal action to collect on any bid bond required ((~~herein~~)) by this section, then the ((~~water~~)) district shall be entitled to collect from the bidder any legal expenses, including reasonable attorneys' fees occasioned thereby.

((~~(4)~~)) In the event of an emergency when the public interest or property of the ((~~water~~)) district would suffer material injury or damage by delay, upon resolution of the board of ((~~water~~)) commissioners, or proclamation of an official designated by the board to act for the board during such emergencies, declaring the existence of such emergency and reciting the facts constituting the same, the board((,)) or official acting for the board((,)) may waive the requirements of this chapter with reference to any purchase or contract. In addition, these requirements may be waived for purchases which are clearly and legitimately limited to a single source of supply and purchases involving special facilities, services, or market conditions, in which instances the purchase price may be best established by direct negotiation.

Sec. 312. RCW 57.08.060 and 1987 c 449 s 11 are each amended to read as follows:

((~~(1)~~)) In addition to the powers given ((~~water~~)) districts by law, ((~~they~~)) a district shall also have power to acquire, construct, maintain, operate, and develop street lighting systems.

((~~(2)~~)) To establish a street lighting system, the board of ((~~water~~)) commissioners shall adopt a resolution proposing a street lighting system and delineating the boundaries of the area to be served by the proposed street lighting system. The board shall conduct a public hearing on the resolution to create a street lighting system. Notice of the hearing shall be published at least once each week for two consecutive weeks in one or more newspapers of general circulation in the area to be served by the proposed street lighting system. Following the hearing, the board may by resolution establish the street lighting system.

((~~(3)~~)) A street lighting system shall not be established if, within thirty days following the decision of the board, a petition opposing the street lighting system is filed with the board and contains the signatures of at least forty percent of the voters registered in the area to be served by the proposed system.

((~~(4)~~)) The ((~~water~~)) district has the same powers of collection for delinquent street lighting charges as ((~~the water district~~)) it has for collection of delinquent ((~~water~~)) service charges.

((~~(5) Any street lighting system established by a water district prior to March 31, 1982, is declared to be legal and valid.~~))

Sec. 313. RCW 57.08.065 and 1981 c 45 s 11 are each amended to read as follows:

((~~In addition to the powers now given water districts by law, they~~)) (1) Districts shall ((~~also~~)) have power to establish, maintain, and operate a mutual water ((~~and~~)), sewer, drainage, and street lighting system ((or)), a ((~~separate sewer system within their water district area in the same manner as provided by law for the doing thereof in connection with water supply~~)) mutual system of any two or three of the systems, or separate systems.

((In addition thereto, a water district constructing, maintaining and operating a sanitary sewer system may exercise all the powers permitted to a sewer district under Title 56 RCW, including, but not limited to, the right to compel connections to the district's system, liens for delinquent sewer connection charges or sewer service charges, and all other powers presently exercised by or which may be hereafter granted to such sewer districts: PROVIDED, That a water district may not exercise sewer district powers in any area within its boundaries which is part of an existing district which previously shall have been duly authorized to exercise sewer district powers in such area without the consent by resolution of the board of commissioners of such other district: PROVIDED FURTHER, That no water district shall proceed to exercise the powers herein granted to establish, maintain, construct and operate any sewer system without first obtaining written approval and certification of necessity so to do from the department of ecology and department of social and health services. Any comprehensive plan for a system of sewers or addition thereto or betterment thereof shall be approved by the same county and state officials as are required to approve such plans adopted by a sewer district.

A water district shall have the power to issue general obligation bonds for sewer system purposes: PROVIDED, That a proposition to authorize general obligation bonds payable from excess tax levies for sewer system purposes pursuant to chapter 56.16 RCW shall be submitted to all of the qualified voters within that part of the water district which is not contained within another existing district duly authorized to exercise sewer district powers, and the taxes to pay the principal of and interest on the bonds approved by such voters shall be levied only upon all of the taxable property within such part of the water district.))

(2) Where any two or more districts include the same territory as of the effective date of this section, none of the overlapping districts may provide any service that was made available by any of the other districts prior to the effective date of this section within the overlapping territory without the consent by resolution of the board of commissioners of the other district or districts.

(3) No district that was a water district prior to the effective date of this section may proceed to exercise the powers to establish, maintain, construct, and operate any sewer system without first obtaining written approval and certification of necessity from the department of ecology and department of health. Any comprehensive plan for a system of sewers or addition thereto or betterment thereof proposed by a district that was a water district prior to the effective date of this section shall be approved by the same county and state officials as were required to approve such plans adopted by a sewer district immediately prior to the effective date of this section and as subsequently may be required.

NEW SECTION. Sec. 314. The commissioners of any district shall provide for revenues by fixing rates and charges for the furnishing of water supply and sewer service to those to whom service is available, such rates and charges to be fixed as deemed necessary by the commissioners, so that uniform charges will be made for the same class of customer or service. Rates and charges may be combined for the furnishing of more than one type of sewer service, such as but not limited to storm or surface water and sanitary.

In classifying customers served or service furnished by such water supply or sewer system, the board of commissioners may in its discretion consider any or all of the following factors: The difference in cost of service to various customers; the location of the various customers within and without the district; the difference in cost of maintenance, operation, repair, and replacement of the various parts of the system; the different character of the service furnished various customers; the quantity and quality of the service furnished; the time of its use; the achievement of water conservation goals and the discouragement of wasteful practices; capital contributions made to the system including but not limited to assessments; and any other matters which present a reasonable difference as a ground for distinction. Rates shall be established as deemed proper by the commissioners and as fixed by resolution and shall produce revenues sufficient to take care of the costs of maintenance and operation, revenue bond and warrant interest and principal amortization requirements, and all other charges necessary for efficient and proper operation of the system.

The commissioners shall enforce collection of connection charges and rates and charges for services supplied against property owners either or both connecting with the system and receiving those services, such charges being deemed charges against the property served, by addition of penalties of not more than ten percent thereof in case of failure to pay the charges at times fixed by resolution. The commissioners may provide by resolution that where either connection charges or rates and charges for services supplied are delinquent for any specified period of time, the district shall certify the delinquencies to the treasurer of the county in which the real property is located, and the charges and any penalties added thereto and interest thereon at the rate of not more than the prime lending rate of the district's bank plus four percentage points per year shall be a lien against the property upon which the service was received, subject only to the lien for general taxes.

The district may, at any time after the connection charges or rates and charges for services supplied and penalties are delinquent for a period of sixty days, bring suit in foreclosure by civil action in the superior court of the county in which the real property is located. The court may allow, in addition to the costs and disbursements provided by statute, attorneys' fees, title search and report costs, and expenses as it adjudges reasonable. The action shall be in rem, and may be brought in the name of the district against an individual or against all of those who are delinquent in one action. The laws and rules of the court shall control as in other civil actions.

In addition to the right to foreclose provided in this section, the district may also cut off all or part of the service after charges for water or sewer service supplied are delinquent for a period of sixty days.

Sec. 315. RCW 56.08.012 and 1986 c 278 s 59 are each amended to read as follows:

Except as otherwise provided in RCW 90.03.525, any public entity and public property, including ((~~the~~)) state of Washington ((~~and state~~)) property, shall be subject to rates and charges for storm water control facilities to the same extent as private persons and private property are subject to such rates and charges that are imposed by ((~~sewer~~)) districts pursuant to ((~~RCW 56.08.010 or 56.16.090~~)) section 301 or 314 of this act. In setting ((~~these~~)) those rates and charges, consideration may be ((~~made of~~)) given to in-kind services, such as stream improvements or donation of property.

Sec. 316. RCW 57.08.100 and 1991 sp.s. c 30 s 25 are each amended to read as follows:

Subject to chapter 48.62 RCW, a ((~~water~~)) district, by a majority vote of its board of commissioners, may enter into contracts to provide health care services and/or group insurance and/or term life insurance and/or social security insurance for the benefit of its employees and may pay all or any part of the cost thereof. Any two or more ((~~water~~)) districts ((~~or any one or more water districts and one or more sewer districts~~)), by a majority vote of their respective boards of commissioners, may, if deemed expedient, join in the procuring of such health care services and/or group insurance and/or term life insurance, and the board of commissioners of ((~~each~~)) a participating ((~~sewer and/or water~~)) district may by appropriate resolution authorize ((~~their~~)) its respective district to pay all or any portion of the cost thereof.

A ((~~water~~)) district with five thousand or more customers providing health, group, or life insurance to its employees may provide its commissioners with the same coverage((~~: PROVIDED, That~~)). However, the per person amounts for such insurance paid by the district shall not exceed the per person amounts paid by the district for its employees.

Sec. 317. RCW 57.08.105 and 1973 c 125 s 7 are each amended to read as follows:

The board of ((~~water~~)) commissioners of each ((~~water~~)) district may purchase liability insurance with such limits as ((~~they~~)) it may deem reasonable for the purpose of protecting ((~~their~~)) its officials and employees against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties.

Sec. 318. RCW 57.08.110 and 1995 c 301 s 76 are each amended to read as follows:

To improve the organization and operation of ((~~water~~)) districts, the commissioners of two or more such districts may form an association or associations thereof, for the purpose of securing and disseminating information of value to the members of the association and for the purpose of promoting the more economical and efficient operation of the comprehensive plans of water supply and sewage treatment and disposal in their respective districts. The commissioners of ((~~water~~)) districts so associated shall adopt articles of association, select such officers as they may determine, and employ and discharge such agents and employees as shall be deemed convenient to carry out the purposes of the association. ((~~Water~~)) District commissioners and employees are authorized to attend meetings of the association. The expenses of ((~~the~~)) an association may be paid from the maintenance or general funds of the associated districts in such manner as shall be provided in the articles of association((~~: PROVIDED, That~~)). However, the aggregate contributions made to ((~~the~~)) an association by ((~~the~~)) a district in any calendar year shall not exceed the amount ((~~which~~)) that would be raised by a levy of two and one-half cents per thousand dollars of assessed value against the taxable property of the district. The financial records of such an association shall be subject to audit by the state auditor.

Sec. 319. RCW 57.08.120 and 1991 c 82 s 6 are each amended to read as follows:

A ((~~water~~)) district may lease out real property which it owns or in which it has an interest and which is not immediately necessary for its purposes upon such terms as the board of ((~~water~~)) commissioners deems proper((~~: PROVIDED, That~~)). No such lease shall be made until the ((~~water~~)) district has first caused notice thereof to be published twice in a newspaper in general circulation in the ((~~water~~)) district, the first publication to be at least fifteen days and the second at least seven days prior to the making of such lease((~~, which~~)). The notice shall describe the property ((~~proposed to be leased out, to whom, for what purpose, and the rental to be charged therefor~~)), the lessee, and the lease payments. A hearing shall be held pursuant to the terms of the ((~~said~~)) notice, at which time any and all persons who may be interested shall have the right to appear and to be heard.

No such lease shall be ((~~for a period longer than twenty-five years, and each lease of real property shall be~~)) made unless secured by a bond conditioned ((~~to perform~~)) on the performance of the terms of ((~~such~~)) the lease, with surety satisfactory to the commissioners((, in a penalty not less than the rental for one-sixth of the term: PROVIDED, That the penalty shall not be less than the rental for one year where the term is one year or more. In a lease, the term of which exceeds five years, and when at the option of the commissioners, it is so stipulated in the lease, the commission shall accept, with surety satisfactory to it,)) and with a penalty of not less than one-sixth of the term of the lease or for one year's rental, whichever is greater.

No such lease shall be made for a term longer than twenty-five years. In cases involving leases of more than five years, the commissioners may provide for or stipulate to acceptance of a bond conditioned ((to perform the terms of the lease for some part of the term, in no event less than five years (unless the remainder of the unexpired term is less than five years, in which case for the full remainder) and in every such case the commissioners shall require of the lessee, another or other like bond to be delivered within two years, and not)) on the performance of a part of the term for five years or more whenever it is further provided that the lessee must procure and deliver to the commissioners renewal bonds with like terms and conditions no more than two years prior nor less than one year prior to the expiration of ((the period covered by the existing bond, covering an additional part of the term in accordance with the foregoing provisions in respect to the original bond, and so on until the end of the term so that there will always be in force a bond securing the performance of the lease, and the penalty in each bond shall be not less than the rental for one-half the period covered thereby, but no)) such bond during the entire term of the lease. However, no such bond shall be construed to secure the furnishing of any other bond by the same surety or indemnity company. ((~~However,~~)) The board of commissioners may require a reasonable security deposit in lieu of a bond on leased ((~~real~~)) property owned by a ((~~water~~)) district.

The commissioners may accept as surety on any bond required by this section((~~, either~~)) an approved surety company ((or one or more persons satisfactory to the commissioners, or in lieu of such bond may accept a deposit as security of such property or collateral or the giving of such other form of security as may be satisfactory to the commissioners)), or may accept in lieu thereof a secured interest in property of a value at least twice the amount of the bond required, conditioned further that in the event the commissioners determine that the value of the bond security has become or is about to become impaired, additional security shall be required from the lessee.

The authority granted under this section shall not be exercised by the board of commissioners unless the property is declared by resolution of the board of commissioners to be property for which there is a future need by the district and for the use of which provision is made in the comprehensive plan of the district as the same may be amended from time to time.

Sec. 320. RCW 57.08.140 and 1971 ex.s. c 243 s 8 are each amended to read as follows:

The provisions of RCW 57.08.015, 57.08.016, and 57.08.120 ((~~and 57.08.130~~)) shall have no application as to the sale or conveyance of real or personal property or any interest or right therein by a ((~~water~~)) district to the county or park and recreation district wherein such property is located for park and recreational purposes, but in ((~~such~~)) those cases the provisions of RCW 39.33.060 shall govern.

Sec. 321. RCW 57.08.017 and 1986 c 244 s 16 are each amended to read as follows:

RCW 57.08.015, 57.08.016, 57.08.050, and 57.08.120((~~, and 57.08.130~~)) shall not apply to agreements entered into under authority of chapter 70.150 RCW ((~~provided~~)) if there is compliance with the procurement procedure under RCW 70.150.040.

Sec. 322. RCW 57.08.180 and 1995 c 376 s 15 are each amended to read as follows:

It is unlawful and a misdemeanor to make, or cause to be made, or to maintain any connection with any sewer or water system of any ((~~water~~)) district, or with any sewer or water system which is connected directly or indirectly with any sewer or water system of any ((~~water~~)) district without having permission from the ((~~water~~)) district.

Sec. 323. RCW 57.08.150 and 1987 c 309 s 4 are each amended to read as follows:

A ((~~water~~)) district may not require that a specified engineer prepare plans or designs for extensions to its systems if the extensions are to be financed and constructed by a private party, but may review, and approve or reject, the plans or designs which have been prepared for such a private party based upon standards and requirements established by the ((~~water~~)) district.

Sec. 324. RCW 57.08.160 and 1989 c 421 s 5 are each amended to read as follows:

Any district is hereby authorized, within limits established by the Constitution of the state of Washington, to assist the owners of structures in financing the acquisition and installation of fixtures, systems, and equipment, for compensation or otherwise, for the conservation or more efficient use of water in the structures under a water conservation plan adopted by the district if the cost per unit of water saved or conserved by the use of the fixtures, systems, and equipment is less than the cost per unit of water supplied by the next least costly new water source available to the district to meet future demand. Except where otherwise authorized, assistance shall be limited to:

(1) Providing an inspection of the structure, either directly or through one or more inspectors under contract, to determine and inform the owner of the estimated cost of purchasing and installing conservation fixtures, systems, and equipment for which financial assistance will be approved and the estimated life cycle savings to the water system and the consumer that are likely to result from the installation of the fixtures, systems, or equipment;

(2) Providing a list of businesses that sell and install the fixtures, systems, and equipment within or in close proximity to the service area of the city or town, each of which businesses shall have requested to be included and shall have the ability to provide the products in a workmanlike manner and to utilize the fixtures, systems, and equipment in accordance with the prevailing national standards;

(3) Arranging to have approved conservation fixtures, systems, and equipment installed by a private contractor whose bid is acceptable to the owner of the structure and verifying the installation; and

(4) Arranging or providing financing for the purchase and installation of approved conservation fixtures, systems, and equipment. The fixtures, systems, and equipment shall be purchased or installed by a private business, the owner, or the utility.

Pay back shall be in the form of incremental additions to the utility bill, billed either together with the use charge or separately. Loans shall not exceed one hundred twenty months in length.

Sec. 325. RCW 57.08.170 and 1991 c 82 s 7 are each amended to read as follows:

A ((~~water~~)) district may adopt a water conservation plan and emergency water use restrictions. The district may enforce a water conservation plan and emergency water use restrictions by imposing a fine as provided by resolution for failure to comply with any such plan or restrictions. The commissioners may provide by resolution that if a fine for failure to comply with the water conservation plan or emergency water use restrictions is delinquent for a specified period of time, the district shall certify the delinquency to the treasurer of the county in which the real property is located and serve notice of the delinquency on the subscribing water customer who fails to comply, and the fine is then a separate item for inclusion on the bill of the party failing to comply with the water conservation plan or emergency water use restrictions.

NEW SECTION. Sec. 326. Sections 301, 302, and 314 of this act are each added to chapter 57.08 RCW.

PART IV - OFFICERS AND ELECTIONS

Sec. 401. RCW 57.12.010 and 1985 c 330 s 6 are each amended to read as follows:

The governing body of a district shall be a board of ((~~water~~)) commissioners consisting of three members, or five members as provided in RCW 57.12.015, or more, as provided in the event of merger or consolidation. The board shall annually elect one of its members as president and another as secretary.

The board shall by resolution adopt rules governing the transaction of its business and shall adopt an official seal. All proceedings shall be by resolution recorded in a book kept for that purpose which shall be a public record.

A district shall provide by resolution for the payment of compensation to each of its commissioners at a rate of fifty dollars for each day or portion thereof devoted to the business of the district((~~: PROVIDED, That~~)). However the compensation for each commissioner shall not exceed four thousand eight hundred dollars per year. In addition, the secretary may be paid a reasonable sum for clerical services.

Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during ((~~his or her~~)) the commissioner's term of office, by a written waiver filed with the district ((~~as provided in this section. The waiver, to be effective, must be filed~~)) at any time after the commissioner's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

No commissioner shall be employed full time by the district. ((~~Each~~)) A commissioner shall be reimbursed for reasonable expenses actually incurred in connection with ((~~such~~)) district business, including ((~~his~~)) subsistence and lodging((,)) while away from the commissioner's place of residence and mileage for use of a privately-owned vehicle at the mileage rate authorized in RCW 43.03.060 ((~~as now existing or hereafter amended~~)).

((The date for holding elections and taking office as herein provided shall be subject to the provisions of any consolidated election laws that may be made applicable thereto although previously enacted.))

Sec. 402. RCW 57.12.015 and 1994 c 223 s 67 are each amended to read as follows:

(1) In the event a three-member board of commissioners of any ((~~water~~)) district with any number of customers determines by resolution that it would be in the best interest of the district to increase the number of commissioners from three to five, or ((~~in the event~~)) if the board of a district with any number of customers is presented with a petition signed by ten percent of the registered voters resident within the district who voted in the last general municipal election calling for an increase in the number of commissioners of the district, the board shall submit a resolution to the county auditor requesting that an election be held. Upon receipt of the resolution, the county auditor shall call a special election to be held within the ((~~water~~)) district ((~~in accordance with RCW 29.13.010 and 29.13.020~~)), at which election a proposition in substantially the following language shall be submitted to the voters:

Shall the Board of Commissioners of (name and/or ((~~No.~~)) number of ((~~water~~)) district) be increased from three to five members?

Yes . . . . .

No . . . . .

If the proposition receives a majority approval at the election the board of commissioners of the ((~~water~~)) district shall be increased to five members.

(2) In any ((~~water~~)) district with more than ten thousand customers, if a three-member board of commissioners determines by resolution that it would be in the best interest of the district to increase the number of commissioners from three to five, the number of commissioners shall be so increased without an election, unless within ninety days of adoption of that resolution a petition requesting an election and signed by at least ten percent of the registered voters who voted in the last general municipal election is filed with the board. If such a petition is received, the board shall submit the resolution and the petition to the county auditor, who shall call a special election in the manner described in this section ((~~and in accordance with the provisions of RCW 29.13.010 and 29.13.020~~)).

(3) The two additional positions created on boards of ((~~water~~)) commissioners by this section shall be filled initially ((~~either~~)) as for a vacancy ((~~or by nomination under RCW 57.12.039~~)), except that the appointees ((~~or newly elected commissioners~~)) shall draw lots, one appointee to serve until the next general ((~~water~~)) district election after the appointment, at which two commissioners shall be elected for six-year terms, and the other appointee to serve until the second general ((~~water~~)) district election after the appointment, at which two commissioners shall be elected for six-year terms.

NEW SECTION. Sec. 403. A new section is added to Title 57 RCW to read as follows:

The date for holding elections and taking office as provided in this chapter is subject to the provisions of any consolidated election laws that may be made applicable thereto although previously enacted.

NEW SECTION. Sec. 404. A new section is added to Title 57 RCW to read as follows:

At the election held to form a district in an odd-numbered year, there shall be elected three commissioners who shall assume office immediately when qualified in accordance with RCW 29.01.135 to hold office for terms of two, four, and six years, respectively, and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.

At the election held to form a district in an even-numbered year, there shall be elected three commissioners who shall assume office immediately when qualified in accordance with RCW 29.01.135 to hold office for terms of one, three, and five years, respectively, and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.

The term of each nominee shall be expressed on the ballot and shall be computed from the first day of January next following if the initial election of the district commissioners was at a general election as provided in RCW 29.13.010, or from the first day of January following the first general election for districts after its creation if the initial election was on a date other than a general election. Thereafter, every two years there shall be elected a commissioner for a term of six years and until the commissioner's successor is elected and qualified, at the general election held in the odd-numbered years, as provided in RCW 29.13.020, and conducted by the county auditor. Each commissioner shall assume office in accordance with RCW 29.04.170.

All candidates shall be voted upon by the entire district unless commissioner districts are formed under RCW 57.12.039.

NEW SECTION. Sec. 405. A new section is added to Title 57 RCW to read as follows:

All expenses for the formation of a district shall be paid by the county or counties in which the election is held and the expenditure is declared to be a county purpose, and the money paid for that purpose shall be repaid to the county or counties by the district if formed. The expenses for all other district elections shall be paid for out of the funds of the district.

Sec. 406. RCW 57.12.039 and 1994 c 223 s 70 are each amended to read as follows:

(1) Notwithstanding RCW 57.12.020 and 57.12.030, the board of commissioners may provide by majority vote that subsequent commissioners be elected from commissioner districts within the district. If the board exercises this option, it shall divide the district into three, or five if the number of commissioners has been increased under RCW 57.12.015, commissioner districts of approximately equal population following current precinct and district boundaries.

(2) Commissioner districts shall be used as follows: (a) Only a registered voter who resides in a commissioner district may be a candidate for, or serve as, a commissioner of the commissioner district; and (b) only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire ((~~water~~)) district may vote at a general election to elect a person as a commissioner of the commissioner district. Commissioner districts shall be redrawn as provided in chapter 29.70 RCW.

(3) In ((~~water~~)) districts in which commissioners are nominated from commissioner districts, at the inception of a five-member board of commissioners, the new commissioner districts shall be numbered one through five and the three incumbent commissioners shall represent commissioner districts one through three. If, as a result of redrawing the district boundaries two or three of the incumbent commissioners reside in one of the new commissioner districts, the commissioners who reside in the same commissioner district shall determine by lot which of the first three numbered commissioner districts they shall represent for the remainder of their respective terms. A primary shall be held to nominate candidates from districts four and five where necessary and commissioners shall be elected at large at the general election. The persons elected as commissioners from commissioner districts four and five shall take office immediately after qualification as defined under RCW 29.01.135.

Sec. 407. RCW 57.12.020 and 1994 c 223 s 68 are each amended to read as follows:

A vacancy on the board shall occur and shall be filled as provided in chapter 42.12 RCW. In addition, if a commissioner is absent from three consecutive scheduled meetings unless by permission of the board, the office may be declared vacant as provided for in chapter 42.12 RCW. However, such an action shall not be taken unless the commissioner is notified by mail after two consecutive unexcused absences that the position will be declared vacant if the commissioner is absent without being excused from the next regularly scheduled meeting.

PART V - COMPREHENSIVE PLANS

Sec. 501. RCW 57.16.010 and 1990 1st ex.s. c 17 s 35 are each amended to read as follows:

The ((~~water~~)) district commissioners before ordering any improvements ((~~hereunder~~)) or submitting to vote any proposition for incurring any indebtedness shall adopt a general comprehensive plan ((~~of water supply for the district. They~~)) for a sewer system, a general comprehensive plan for a water supply system, a general comprehensive plan for a drainage system, and a general comprehensive plan for street lighting. A district may prepare a separate general comprehensive plan for each of these services and other services that districts are permitted to provide, or the district may combine any or all of its comprehensive plans into a single general comprehensive plan.

For a general comprehensive plan of a water supply system, the commissioners shall investigate the several portions and sections of the district for the purpose of determining the present and reasonably foreseeable future needs thereof; shall examine and investigate, determine, and select a water supply or water supplies for such district suitable and adequate for present and reasonably foreseeable future needs thereof; and shall consider and determine a general system or plan for acquiring such water supply or water supplies((;)), and the lands, waters, and water rights and easements necessary therefor, and for retaining and storing any such waters, and erecting dams, reservoirs, aqueducts, and pipe lines to convey the same throughout such district. There may be included as part of the system the installation of fire hydrants at suitable places throughout the district, and the purchase and maintenance of necessary fire fighting equipment and apparatus, together with facilities for housing same. The ((~~water district~~)) commissioners shall determine a general comprehensive plan for distributing such water throughout such portion of the district as may then reasonably be served by means of subsidiary aqueducts and pipe lines, and the method of distributing the cost and expense thereof against ((~~such water~~)) the district and against local improvement districts or utility local improvement districts within ((~~such water~~)) the district for any lawful purpose, and including any such local improvement district or utility local improvement district lying wholly or partially within the limits of any city or town in such district, and shall determine whether the whole or part of the cost and expenses shall be paid from ((~~water~~)) revenue or general obligation bonds. ((~~After July 23, 1989,~~)) When the district adopts a general comprehensive plan or plans for an area annexed as provided for in RCW 57.16.010, the district shall include a long-term plan for financing the planned projects. The commissioners may employ such engineering and legal service as in their discretion is necessary in carrying out their duties.

((~~The~~)) For a general comprehensive plan for a sewer system, the commissioners shall investigate all portions and sections of the district and select a general comprehensive plan for a sewer system for the district suitable and adequate for present and reasonably foreseeable future needs thereof. The general comprehensive plan shall provide for treatment plants and other methods for the disposal of sewage and industrial and other liquid wastes now produced or which may reasonably be expected to be produced within the district and shall, for such portions of the district as may then reasonably be served, provide for the acquisition or construction and installation of laterals, trunk sewers, intercepting sewers, syphons, pumping stations or other sewage collection facilities, septic tanks, septic tank systems or drainfields, and systems for the transmission and treatment of wastewater. The general comprehensive plan shall provide the method of distributing the cost and expense of the sewer system provided therein against the district and against utility local improvement districts within the district, including any utility local improvement districts lying wholly or partially within any other political subdivision included in the district; and provide whether the whole or some part of the cost and expenses shall be paid from revenue or general obligation bonds.

Any general comprehensive plan or plans shall be adopted by resolution and submitted to an engineer designated by the legislative authority of the county in which fifty-one percent or more of the area of the district is located, and to the director of health of the county in which the district or any portion thereof is located, and must be approved in writing by the engineer and director of health. The general comprehensive plan shall be approved, conditionally approved, or rejected by the director of health ((~~within sixty days of the plan's receipt~~)) and by the designated engineer within sixty days of ((~~the plan's receipt~~)) their respective receipt of the plan. However, this sixty-day time limitation may be extended by the director of health or engineer for up to an additional sixty days if sufficient time is not available to review adequately the general comprehensive plans.

Before becoming effective, the general comprehensive plan shall also be submitted to, and approved by resolution of, the legislative authority of every county within whose boundaries all or a portion of the ((~~water~~)) district lies. The general comprehensive plan shall be approved, conditionally approved, or rejected by each of ((~~these~~)) the county legislative authorities pursuant to the criteria in RCW 57.02.040 for approving the formation, reorganization, annexation, consolidation, or merger of ((~~water~~)) districts((~~, and~~)). The resolution, ordinance, or motion of the legislative body ((~~which~~)) that rejects the comprehensive plan or a part thereof shall specifically state in what particular the comprehensive plan or part thereof rejected fails to meet these criteria. The general comprehensive plan shall not provide for the extension or location of facilities that are inconsistent with the requirements of RCW 36.70A.110. Nothing in this chapter shall preclude a county from rejecting a proposed plan because it is in conflict with the criteria in RCW 57.02.040. Each general comprehensive plan shall be deemed approved if the county legislative authority fails to reject or conditionally approve the plan within ninety days of the plan's submission to the county legislative authority or within thirty days of a hearing on the plan when the hearing is held within ninety days of submission to the county legislative authority. However, a county legislative authority may extend this ninety-day time limitation by up to an additional ninety days where a finding is made that ninety days is insufficient to review adequately the general comprehensive plan. In addition, the ((~~water~~)) commissioners and the county legislative authority may mutually agree to an extension of the deadlines in this section. If the district includes portions or all of one or more cities or towns, the general comprehensive plan shall be submitted also to, and approved by resolution of, the ((~~governing bodies of such~~)) legislative authorities of the cities and towns before becoming effective. The general comprehensive plan shall be deemed approved by the city or town ((~~governing body~~)) legislative authority if the city or town ((~~governing body~~)) legislative authority fails to reject or conditionally approve the plan within ninety days of the plan's submission to the city or town or within thirty days of a hearing on the plan when the hearing is held within ninety days of submission to the county legislative authority. However, a city or town ((~~governing body~~)) legislative authority may extend this time limitation by up to an additional ninety days where a finding is made that insufficient time exists to adequately review the general comprehensive plan within these time limitations. In addition, the ((~~sewer [water]~~)) commissioners and the city or town ((~~governing body~~)) legislative authority may mutually agree to an extension of the deadlines in this section.

Before becoming effective, the general comprehensive plan shall be approved by any state agency whose approval may be required by applicable law. Before becoming effective, any amendment to, alteration of, or addition to, a general comprehensive plan shall also be subject to such approval as if it were a new general comprehensive plan((~~: PROVIDED, That~~)). However, only if the amendment, alteration, or addition affects a particular city or town, shall the amendment, alteration, or addition be subject to approval by such particular city or town governing body.

Sec. 502. RCW 56.08.030 and 1953 c 250 s 5 are each amended to read as follows:

No expenditure for carrying on any part of ((~~such~~)) a general comprehensive plan shall be made other than the necessary salaries of engineers, clerical, ((~~and~~)) office expenses, and other professional expenses of the district, and the cost of engineering, surveying, preparation, and collection of data necessary for making and adopting a general plan of improvements in the district, until the general comprehensive plan of improvements has been adopted by the commissioners and approved as provided in RCW ((~~56.08.020~~)) 57.16.010.

NEW SECTION. Sec. 503. A new section is added to Title 57 RCW to read as follows:

Whenever an area has been annexed to a district after the adoption of a general comprehensive plan, the commissioners shall adopt by resolution a plan for additions and betterments to the original comprehensive plan to provide for the needs of the area annexed.

Sec. 504. RCW 57.16.140 and 1982 c 213 s 4 are each amended to read as follows:

The construction of or existence of sewer capacity or water supply ((~~capacity~~)) in excess of the needs of the density allowed by zoning shall not be grounds for any legal challenge to any zoning decision by the county.

PART VI - IMPROVEMENT DISTRICTS

Sec. 601. RCW 57.16.050 and 1987 c 169 s 2 are each amended to read as follows:

((~~(1)~~)) A district may establish local improvement districts or utility local improvement districts within its territory; levy special assessments ((~~under the mode of~~)) and allow annual installments on the special assessments extending over a period not exceeding twenty years, on all property specially benefited by a local improvement, on the basis of special benefits to pay in whole or in part the damage or costs of any improvements ordered in the district; and issue local improvement bonds in the local improvement district to be repaid by the collection of special assessments. ((~~Such~~)) The bonds may be of any form, including bearer bonds or registered bonds as provided in RCW 39.46.030. The levying, collection, and enforcement of ((~~such~~)) special assessments and the issuance of bonds shall be as provided for the levying, collection, and enforcement of special assessments and the issuance of local improvement district bonds by cities and towns insofar as is consistent ((~~herewith~~)) with this title. The duties devolving upon the city or town treasurer are ((~~hereby~~)) imposed upon the county treasurer of the county in which the real property is located for the purposes hereof. The mode of assessment shall be determined by the ((~~water~~)) commissioners by resolution.

When in the petition or resolution for the establishment of a local improvement district, and in the approved comprehensive plan or approved amendment thereto or plan providing for additions and betterments to the original plan, previously adopted, it is provided that, except as set forth in this section, the special assessments shall be for the ((~~sole~~)) purpose of payment of improvements and payment into the revenue bond fund for the payment of revenue bonds, then the local improvement district shall be designated as a "utility local improvement district." No warrants or bonds shall be issued in a utility local improvement district, but the collection of interest and principal on all special assessments in the utility local improvement district shall be paid into the revenue bond fund, except that special assessments paid before the issuance and sale of bonds may be deposited in a fund for the payment of costs of improvements in the utility local improvement district.

((~~(2)~~)) Such bonds may also be issued and sold in accordance with chapter 39.46 RCW.

Sec. 602. RCW 57.16.060 and 1991 c 190 s 7 are each amended to read as follows:

Local improvement districts or utility local improvement districts to carry out the whole or any portion of the general comprehensive plan of improvements or plan providing for additions and betterments to ((~~the~~)) an original general comprehensive plan previously adopted may be initiated either by resolution of the board of ((~~water~~)) commissioners or by petition signed by the owners according to the records of the office of the applicable county ((~~auditor~~)) treasurer of at least fifty-one percent of the area of the land within the limits of the ((~~local~~)) improvement district to be created.

In case the board of ((~~water~~)) commissioners desires to initiate the formation of a local improvement district or a utility local improvement district by resolution, it first shall ((~~first~~)) pass a resolution declaring its intention to order ((~~such~~)) the improvement, setting forth the nature and territorial extent of such proposed improvement, designating the number of the proposed local improvement district or utility local improvement district, and describing the boundaries thereof, stating the estimated cost and expense of the improvement and the proportionate amount thereof which will be borne by the property within the proposed district, and fixing a date, time, and place for a public hearing on the formation of the proposed local district.

In case any such local improvement district or utility local improvement district is initiated by petition, ((~~such~~)) the petition shall set forth the nature and territorial extent of the proposed improvement requested to be ordered and the fact that the signers thereof are the owners according to the records of the applicable county auditor of at least fifty-one percent of the area of land within the limits of the local improvement district or utility local improvement district to be created. Upon the filing of such petition the board shall determine whether the petition is sufficient, and the board's determination thereof shall be conclusive upon all persons. No person may withdraw his or her name from the petition after it has been filed with the board of ((~~water~~)) commissioners. If the board finds the petition to be sufficient, it shall proceed to adopt a resolution declaring its intention to order the improvement petitioned for, setting forth the nature and territorial extent of the improvement, designating the number of the proposed local district and describing the boundaries thereof, stating the estimated cost and expense of the improvement and the proportionate amount thereof which will be borne by the property within the proposed ((~~local~~)) improvement district, and fixing a date, time, and place for a public hearing on the formation of the proposed local district.

Notice of the adoption of the resolution of intention, whether the resolution was adopted on the initiative of the board or pursuant to a petition of the property owners, shall be published in at least two consecutive issues of a newspaper of general circulation in the proposed ((~~local~~)) improvement district, the date of the first publication to be at least fifteen days prior to the date fixed by such resolution for hearing before the board of ((~~water~~)) commissioners. Notice of the adoption of the resolution of intention shall also be given each owner or reputed owner of any lot, tract, parcel of land, or other property within the proposed improvement district by mailing the notice at least fifteen days before the date fixed for the public hearing to the owner or reputed owner of the property as shown on the tax rolls of the county treasurer of the county in which the real property is located at the address shown thereon. Whenever such notices are mailed, the ((~~water~~)) commissioners shall maintain a list of ((~~such~~)) the reputed property owners, which list shall be kept on file at a location within the ((~~water~~)) district and shall be made available for public perusal. The notices shall refer to the resolution of intention and designate the proposed improvement district by number. The notices also shall ((~~also~~)) set forth the nature of the proposed improvement, the total estimated cost, the proportion of total cost to be borne by assessments, and the date, time, and place of the hearing before the board of ((~~water~~)) commissioners. In the case of improvements initiated by resolution, the notice also shall ((~~also~~)): (1) State that all persons desiring to object to the formation of the proposed district must file their written protests with the secretary of the board of ((~~water~~)) commissioners no later than ten days after the public hearing; (2) state that if owners of at least forty percent of the area of land within the proposed district file written protests with the secretary of the board, the power of the ((~~water~~)) commissioners to proceed with the creation of the proposed district shall be divested; (3) provide the name and address of the secretary of the board; and (4) state the hours and location within the ((~~water~~)) district where the names of the property owners within the proposed district are kept available for public perusal. In the case of the notice given each owner or reputed owner by mail, the notice shall set forth the estimated amount of the cost and expense of such improvement to be borne by the particular lot, tract, parcel of land, or other property.

((Whether the improvement is initiated by petition or resolution, the board shall conduct a public hearing at the time and place designated in the notice to property owners. At this hearing the board shall hear objections from any person affected by the formation of the local district and may make such changes in the boundaries of the district or such modifications in the plans for the proposed improvement as shall be deemed necessary. The board may not change the boundaries of the district to include property not previously included in it without first passing a new resolution of intention and giving a new notice to property owners in the manner and form and within the time provided in this chapter for the original notice.

After the hearing and the expiration of the ten-day period for filing written protests, the commissioners shall have jurisdiction to overrule protests and proceed with any such improvement initiated by petition or resolution. The jurisdiction of the commissioners to proceed with any improvement initiated by resolution shall be divested by protests filed with the secretary of the board no later than ten days after the hearing, signed by the owners, according to the records of the applicable county auditor, of at least forty percent of the area of land within the proposed local district.

If the commissioners find that the district should be formed, they shall by resolution form the district and order the improvement. After execution of the resolution forming the district, the secretary of the board of commissioners shall publish, in a legal publication that serves the area subject to the district, a notice setting forth that a resolution has been passed forming the district and that a lawsuit challenging the jurisdiction or authority of the water district to proceed with the improvement and creating the district must be filed, and notice to the water district served, within thirty days of the publication of the notice. The notice shall set forth the nature of the appeal. Property owners bringing the appeal shall follow the procedures as set forth under appeal under RCW 57.16.090. Whenever a resolution forming a district has been adopted, the formation is conclusive in all things upon all parties, and cannot be contested or questioned in any manner in any proceeding whatsoever by any person not commencing a lawsuit in the manner and within the time provided in this section, except for lawsuits made under RCW 57.16.090.

Following an appeal, if it is unsuccessful or if no appeal is made under RCW 57.16.090, the commissioners may proceed with the improvement and provide the general funds of the water district to be applied thereto, adopt detailed plans of the local improvement district or utility local improvement district and declare the estimated cost thereof, acquire all necessary land therefor, pay all damages caused thereby, and commence in the name of the water district such eminent domain proceedings as may be necessary to entitle the district to proceed with the work. The board shall thereupon proceed with the work and file with the county treasurer of the county in which the real property is located its roll levying special assessments in the amount to be paid by special assessment against the property situated within the improvement district in proportion to the special benefits to be derived by the property therein from the improvement.))

Sec. 603. RCW 57.16.073 and 1987 c 315 s 6 are each amended to read as follows:

Whenever it is proposed that a local improvement district or utility local improvement district finance sanitary sewer or potable water facilities, additional notice of the public hearing on the proposed improvement district shall be mailed to the owners of any property located outside of the proposed improvement district that would be required as a condition of federal housing administration loan qualification, at the time of notice, to be connected to the specific sewer or water facilities installed by the ((~~local~~)) improvement district. The notice shall include information about this restriction.

Sec. 604. RCW 57.16.065 and 1989 c 243 s 11 are each amended to read as follows:

((~~Any~~)) Notice given to the public or to the owners of specific lots, tracts, or parcels of land relating to the formation of a local improvement district or utility local improvement district shall contain a statement that actual assessments may vary from assessment estimates so long as they do not exceed a figure equal to the increased true and fair value the improvement adds to the property.

Sec. 605. RCW 56.20.030 and 1991 c 190 s 3 are each amended to read as follows:

Whether the improvement district is initiated by petition or resolution, the board shall conduct a public hearing at the time and place designated in the notice to property owners. At this hearing the board shall hear objections from any person affected by the formation of the ((~~local~~)) improvement district and may make such changes in the boundaries of the district or such modifications in the plans for the proposed improvement as shall be deemed necessary. The board may not change the boundaries of the district to include property not previously included in it without first passing a new resolution of intention and giving a new notice to property owners in the manner and form and within the time provided in this chapter for the original notice.

After the hearing and the expiration of the ten-day period for filing ((~~written~~)) protests, the commissioners shall have jurisdiction to overrule protests and proceed with any such improvement district initiated by petition or resolution. The jurisdiction of the commissioners to proceed with any improvement district initiated by resolution shall be divested((~~: (a)~~)) by protests filed with the secretary of the board ((~~no later than~~)) within ten days after the public hearing, signed by the owners, according to the records of the applicable county ((~~auditor~~)) treasurer, of at least forty percent of the area of land within the proposed local district ((or (b) by the commissioners not adopting a resolution ordering the improvement at a public hearing held not more than ninety days from the day the resolution of intention was adopted, unless the commissioners file with the county auditor a copy of the notice required by RCW 56.20.020, and in no event at a hearing held more than two years from the day the resolution of intention was adopted)).

If the commissioners find that the district should be formed, they shall by resolution form the improvement district and order the improvement. After execution of the resolution forming the district, the secretary of the board of commissioners shall publish, in a legal publication that serves the area subject to the improvement district, a notice setting forth that a resolution has been passed forming the improvement district and that a lawsuit challenging the jurisdiction or authority of the ((~~sewer~~)) district to proceed with the improvement and creating the improvement district must be filed, and notice to the ((~~sewer~~)) district served, within thirty days of the publication of the notice. The notice shall set forth the nature of the appeal. Property owners bringing the appeal shall follow the procedures ((as)) set forth under ((~~appeal under RCW 56.20.080~~)) RCW 57.16.090. Whenever a resolution forming ((a)) an improvement district has been adopted, the formation is conclusive in all things upon all parties, and cannot be contested or questioned in any manner in any proceeding whatsoever by any person not commencing a lawsuit in the manner and within the time provided in this section, except for lawsuits made under RCW ((~~56.20.080~~)) 57.16.090.

Following an appeal, if it is unsuccessful or if no appeal is made under RCW ((~~56.20.080~~)) 57.16.090, the commissioners may proceed with the improvement and provide the general funds of the ((~~sewer~~)) district to be applied thereto, adopt detailed plans of the local improvement district or utility local improvement district and declare the estimated cost thereof, acquire all necessary land therefor, pay all damages caused thereby, and commence in the name of the ((~~sewer~~)) district such eminent domain proceedings ((~~and supplemental assessment or reassessment proceedings to pay all eminent domain awards~~)) as may be necessary to entitle the district to proceed with the ((~~work~~)) improvements. The board ((~~of sewer commissioners~~)) shall thereupon proceed with the work and file with the county treasurer of ((~~each~~)) the county in which the real property is ((~~to be assessed~~)) located its roll levying special assessments in the amount to be paid by special assessment against the property situated within the ((~~local~~)) improvement district in proportion to the special benefits to be derived by the property therein from the improvements.

Sec. 606. RCW 57.16.070 and 1982 1st ex.s. c 17 s 17 are each amended to read as follows:

Before approval of the roll a notice shall be published once a week for two consecutive weeks in a newspaper of general circulation in the ((~~local~~)) improvement district, stating that the roll is on file and open to inspection in the office of the secretary, and fixing the time, not less than fifteen or more than thirty days from the date of the first publication of the notice, within which protests must be filed with the secretary against any assessments shown thereon, and fixing a time when a hearing will be held by the commissioners on the protests. Notice shall also be given by mailing, at least fifteen days before the hearing, a similar notice to the owners or reputed owners of the land in the ((~~local~~)) improvement district as they appear on the books of the treasurer of the county in which the real property is located. At the hearing, or any adjournment thereof, the commissioners may correct, change, or modify the roll, or any part thereof, or set aside the roll and order a new assessment, and may then by resolution approve it. If an assessment is raised a new notice similar to the first shall be given, after which final approval of the roll may be made. When property has been entered originally upon the roll and the assessment thereon is not raised, no objection thereto shall be considered by the commissioners or by any court on appeal unless the objection is made in writing at, or prior((,)) to, the date fixed for the original hearing upon the roll.

Sec. 607. RCW 57.16.080 and 1959 c 18 s 13 are each amended to read as follows:

((~~In the event that~~)) If any portion of the system after its installation is not adequate for the purpose for which it was intended, or ((~~that~~)) if for any reason changes, alterations, or betterments are necessary in any portion of the system after its installation, then ((~~a local~~)) an improvement district with boundaries which may include one or more existing ((~~local~~)) improvement districts may be created in the ((~~water~~)) district in the same manner as is provided herein for the creation of ((~~local~~)) improvement districts((~~; that~~)). Upon the organization of such ((~~a local~~)) an improvement district ((~~as provided for in this paragraph~~)), the plan of the improvement and the payment of the cost of the improvement shall be carried out in the same manner as is provided herein for the carrying out of and the paying for the improvement in the ((~~local~~)) improvement districts previously provided for in this ((~~act~~)) title.

Sec. 608. RCW 57.16.100 and 1929 c 114 s 14 are each amended to read as follows:

(1) Whenever any assessment roll for local improvements shall have been confirmed by the ((~~water district commission of such water district as herein provided~~)) district board of commissioners, the regularity, validity, and correctness of the proceedings relating to ((~~such~~)) the improvements, and to the assessment therefor, including the action of the ((~~water~~)) district ((~~commission~~)) commissioners upon ((~~such~~)) the assessment roll and the confirmation thereof, shall be conclusive in all things upon all parties, and cannot in any manner be contested or questioned in any proceeding whatsoever by any person not filing written objections to such roll in the manner and within the time provided in this ((~~act~~)) chapter, and not appealing from the action of the ((~~water district commission~~)) commissioners in confirming such assessment roll in the manner and within the time in this ((~~act~~)) chapter provided. No proceedings of any kind shall be commenced or prosecuted for the purpose of defeating or contesting any such assessment, or the sale of ((~~any~~)) property to pay such assessment, or any certificate of delinquency issued therefor, or the foreclosure of any lien issued therefor((~~: PROVIDED, That~~)). However, this section shall not be construed as prohibiting the bringing of injunction proceedings to prevent the sale of any real estate upon the grounds ((~~(1)~~)) (a) that the property about to be sold does not appear upon the assessment roll, or ((~~(2)~~)) (b) that ((~~said~~)) the assessment had been paid.

(2) This section also shall not prohibit the correction of clerical errors and errors in the computation of assessments in assessment rolls by the following procedure:

(a) The board of commissioners may file a petition with the superior court of the county wherein the real property is located, asking that the court enter an order correcting such errors and directing that the county treasurer pay a portion or all of the incorrect assessment by the transfer of funds from the district's maintenance fund, if such relief be necessary.

(b) Upon the filing of the petition, the court shall set a date for hearing and upon the hearing may enter an order as provided in (a) of this subsection. However, neither the correcting order nor the corrected assessment roll shall result in an increased assessment to the property owner.

Sec. 609. RCW 57.16.090 and 1991 c 190 s 8 are each amended to read as follows:

The decision of the ((~~water~~)) district ((~~commission~~)) board of commissioners upon any objections made within the time and in the manner herein prescribed((,)) may be reviewed by the superior court upon an appeal thereto taken in the following manner. ((~~Such~~)) The appeal shall be made by filing written notice of appeal with the secretary of ((~~said water district commission~~)) the board of commissioners and with the clerk of the superior court in the county in which the real property is situated within ten days after publication of a notice that the resolution confirming such assessment roll has been adopted, and such notice of appeal shall describe the property and set forth the objections of such appellant to such assessment((~~; and~~)). Within ten days from the filing of such notice of appeal with the clerk of the superior court, the appellant shall file with the clerk of the court((,)) a transcript consisting of the assessment roll and the appellant's objections thereto, together with the resolution confirming ((~~such~~)) the assessment roll and the record of the ((~~water~~)) district ((~~commission~~)) commissioners with reference to the assessment((~~, which~~)). The transcript, upon payment of the necessary fees therefor, shall be furnished by the secretary of the ((~~water district commission~~)) board of commissioners and shall be certified by the secretary to contain full, true, and correct copies of all matters and proceedings required to be included in such transcript. Such fees shall be the same as the fees payable to the county clerk for the preparation and certification of transcripts on appeal to the supreme court or the court of appeals in civil actions. At the time of the filing of the notice of appeal with the clerk of the superior court, the appellant shall file a sufficient bond in the penal sum of two hundred dollars, with at least two sureties, to be approved by the judge of ((~~said~~)) the court, conditioned to prosecute such appeal without delay, and if unsuccessful to pay all costs to which the ((~~water~~)) district is put by reason of such appeal. The court may order the appellant, upon application therefor, to execute and file such additional bond or bonds as the necessity of the case may require. Within three days after such transcript is filed in the superior court, the appellant shall give written notice to the secretary of ((~~such water~~)) the district((,)) that such transcript is filed. The notice shall state a time, not less than three days from the service thereof, when the appellant will call up the cause for hearing((~~; and~~)). The superior court shall, at ((~~said~~)) such time or at such further time as may be fixed by order of the court, hear and determine such appeal without a jury((~~; and such cause~~)). The appeal shall have preference over all civil causes pending in the court, except ((~~proceedings under an act relating to~~)) eminent domain proceedings and actions of forcible entry and detainer. The judgment of the court shall confirm, unless the court shall find from the evidence that such assessment is either founded upon ((~~the~~)) a fundamentally wrong basis or a decision of the ((~~council or other legislative body~~)) board of commissioners thereon was arbitrary or capricious, or both((;)), in which event the judgment of the court shall correct, modify, or annul the assessment insofar as ((~~the same~~)) it affects the property of the appellant. A certified copy of the decision of the court shall be filed with the officer who shall have custody of the assessment roll, who shall modify and correct ((~~such~~)) the assessment roll in accordance with such decision. Appellate review of the judgment of the superior court may be sought as in other civil cases. However, the ((~~review~~)) appeal must be sought within fifteen days after the date of the entry of the judgment of such superior court. A certified copy of the order of the supreme court or the court of appeals upon such appeal shall be filed with the officer having custody of ((~~such~~)) the assessment roll, who shall thereupon modify and correct ((~~such~~)) the assessment roll in accordance with ((~~such~~)) the decision.

Sec. 610. RCW 57.16.110 and 1982 1st ex.s. c 17 s 19 are each amended to read as follows:

Whenever any land against which there has been levied any special assessment by any ((~~water~~)) district shall have been sold in part or subdivided, the board of ((~~water~~)) commissioners of ((~~such~~)) the district shall have the power to order a segregation of the assessment.

Any person desiring to have ((~~such~~)) a special assessment against a tract of land segregated to apply to smaller parts thereof shall apply to the board of commissioners of the ((~~water~~)) district ((~~which~~)) that levied the assessment. If the ((~~water~~)) commissioners determine that a segregation should be made, they shall by resolution order the treasurer of the county in which the real property is located to make segregation on the original assessment roll as directed in the resolution. The segregation shall be made as nearly as possible on the same basis as the original assessment was levied, and the total of the segregated parts of the assessment shall equal the assessment before segregation. The resolution shall describe the original tract((,)) and the amount and date of the original assessment, and shall define the boundaries of the divided parts and the amount of the assessment chargeable to each part. A certified copy of the resolution shall be delivered to the treasurer of the county in which the real property is located who shall proceed to make the segregation ordered upon being tendered a fee of three dollars for each tract of land for which a segregation is to be made. In addition to ((~~such~~)) the charge the board of ((~~water~~)) commissioners may require as a condition to the order of segregation that the person seeking it pay the district the reasonable engineering and clerical costs incident to making the segregation.

Sec. 611. RCW 57.16.150 and 1987 c 449 s 16 are each amended to read as follows:

Judgments foreclosing ((~~local improvement~~)) special assessments pursuant to RCW 35.50.260 may also allow to ((~~water~~)) districts, in addition to delinquent installments, interest, penalties, and costs, such attorneys' fees as the court may adjudge reasonable.

PART VII - FINANCES

Sec. 701. RCW 57.16.020 and 1984 c 186 s 51 are each amended to read as follows:

The commissioners may submit to the voters of the district at any general or special election, a proposition that the district incur a general indebtedness payable from annual tax levies to be made in excess of either the constitutional ((~~and/or~~)) or statutory tax limitations, or both, for the construction of any part or all of ((~~the~~)) a general comprehensive plan. Elections shall be held as provided in RCW 39.36.050. The proposition authorizing both the bond issue and imposition of excess bond retirement levies ((~~shall~~)) must be adopted by three-fifths of the voters voting thereon, at which election the total number of persons voting on the proposition shall constitute not less than forty percent of the total number of votes cast in the ((~~water~~)) district at the last preceding general election. ((~~Such~~)) The bonds shall not be issued to run for a period longer than ((~~twenty~~)) thirty years from the date of the issue. ((~~Such~~)) The bonds shall be issued and sold in accordance with chapter 39.46 RCW. ((~~When the general comprehensive plan has been adopted the commissioners shall carry it out to the extent specified in the proposition to incur general indebtedness.~~))

Whenever the proposition to issue general obligation bonds and impose such excess bond retirement levies has been approved, there shall be levied by the officers or governing body charged with the duty of levying taxes, annual levies in excess of either the constitutional or statutory tax limitations, or both, sufficient to meet the annual or semiannual payments of principal and interest on the bonds upon all taxable property within the district.

Sec. 702. RCW 57.20.015 and 1984 c 186 s 54 are each amended to read as follows:

(1) The board of ((~~water~~)) commissioners of any ((~~water~~)) district may by resolution, without submitting the matter to the voters of the district, provide for the issuance of refunding general obligation bonds to refund any outstanding general obligation bonds, or any part thereof, at maturity thereof, or before the maturity thereof if they are subject to call for prior redemption or all of the owners thereof consent thereto. Refunding bonds may be combined with an issue of bonds for other district purposes, as long as those other bonds are approved in accordance with applicable law.

(2) The total cost to the district over the life of the refunding bonds or refunding portion of an issue of bonds shall not exceed the total cost to the district which the district would have incurred but for such refunding over the remainder of the life of the bonds to be refunded thereby.

(3) The refunding bonds may be exchanged for the bonds to be refunded thereby, or may be sold in such manner as the board of ((~~water~~)) commissioners deems to be for the best interest of the district, and the proceeds of such sale used exclusively for the purpose of paying, retiring, and canceling the bonds to be refunded and interest thereon. Such bonds may be of any form, including bearer bonds or registered bonds as provided in RCW 39.46.030.

(((4) The provisions of RCW 57.20.010, concerning the issuance and sale of general obligation bonds and providing for annual tax levies in excess of the constitutional and/or statutory tax limitations shall apply to the refunding general obligation bonds issued under this section.))

Sec. 703. RCW 57.16.030 and 1987 c 449 s 14 are each amended to read as follows:

(1) The commissioners may, without submitting a proposition to the voters, authorize by resolution the district to issue revenue bonds for the construction costs, interest during the period of construction and six months thereafter, working capital or other costs of any part or all of ((~~the~~)) a general comprehensive plan, or for other purposes or functions of a ((~~water~~)) district authorized by statute. The amount of the bonds to be issued shall be included in the resolution ((~~submitted~~)).

(2) Any resolution authorizing the issuance of revenue bonds may include provision for refunding any local improvement district bonds of a district, out of the proceeds of sale of revenue bonds, and a district may pay off any outstanding local improvement bonds with such funds either by purchase in the open market below their par value and accrued interest or by call at par value and accrued interest at the next succeeding interest payment date. The bonds may be in any form, including bearer bonds or registered bonds as provided by RCW 39.46.030.

((~~When a resolution authorizing revenue bonds has been adopted the commissioners may forthwith carry out the general comprehensive plan to the extent specified.~~

~~(2)~~)) (3) Notwithstanding subsection (1) of this section, ((~~such~~)) district revenue bonds may be issued and sold in accordance with chapter 39.46 RCW.

Sec. 704. RCW 57.16.035 and 1977 ex.s. c 299 s 5 are each amended to read as follows:

Whenever a ((~~water~~)) district shall have adopted a general comprehensive plan and bonds to defray the cost thereof shall have been authorized by resolution of the board of ((~~water~~)) commissioners, and before the completion of the improvements the board of ((~~water~~)) commissioners shall find by resolution that the authorized bonds are not sufficient to defray the cost of such improvements due to the increase of costs of construction subsequent to the adoption of ((~~said~~)) the plan, the board of ((~~water~~)) commissioners may by resolution authorize the issuance and sale of additional ((~~water~~)) revenue bonds for such purpose in excess of those previously issued.

Sec. 705. RCW 57.16.040 and 1984 c 186 s 52 are each amended to read as follows:

In the same manner as provided for the adoption of ((~~the~~)) an original general comprehensive plan, a plan providing for additions and betterments to the original general comprehensive plan may be adopted. Without limiting its generality "additions and betterments" shall include any necessary change in, amendment of, or addition to the general comprehensive plan.

The district may incur a general indebtedness payable from annual tax levies to be made in excess of either the constitutional ((~~and/or~~)) or statutory tax limitations, or both, for the construction of the additions and betterments in the same way that general indebtedness may be incurred for the construction of the original general comprehensive plan after submission to the voters of the entire district in the manner the original proposition to incur indebtedness was submitted as provided in RCW 57.16.020 (as recodified by this act). Upon ratification the additions and betterments may be carried out by the commissioners to the extent specified or referred to in the proposition to incur the general indebtedness.

The district may issue revenue bonds to pay for the construction of the additions and the betterments pursuant to resolution of the board of ((~~water~~)) commissioners.

Sec. 706. RCW 57.20.020 and 1991 c 347 s 20 are each amended to read as follows:

(1) ((Whenever any issue or issues of water revenue bonds have been authorized in compliance with the provisions of RCW 57.16.010 through 57.16.040, said bonds shall be in bearer form or registered as to principal or interest or both, as provided in RCW 39.46.030, and may provide for conversion between registered and coupon bonds; shall be in such denominations, shall be numbered, shall bear such date, and shall be payable at such time or times up to a maximum period of not to exceed thirty years as shall be determined by the board of water commissioners of the district; shall bear interest at such rate or rates payable at such time or times as authorized by the board; shall be payable at the office of the county treasurer of the county in which the water district is located and may also be payable at such other place or places as the board of water commissioners may determine; shall be executed by the president of the board of water commissioners and attested and sealed by the secretary thereof, one of which signatures may, with the written permission of the signator whose facsimile signature is being used, be a facsimile; and may have facsimile signatures of said president or secretary imprinted on any interest coupons in lieu of original signatures.))

The ((~~water district~~)) commissioners shall have power and are required to create a special fund or funds for the sole purpose of paying the interest and principal of ((~~such~~)) revenue bonds into which special fund or funds the ((~~said water district~~)) commissioners shall obligate and bind the ((~~water~~)) district to set aside and pay a fixed proportion of the gross revenues of the water ((~~supply~~)) or sewer system or any fixed amount out of and not exceeding a fixed proportion of such revenues, or a fixed amount or amounts without regard to any fixed proportion, and such bonds and the interest thereof shall be payable only out of such special fund or funds, ((~~but~~)) and shall be a lien and charge against all revenues and payments received from any utility local improvement district or districts pledged to secure such bonds, subject only to operating and maintenance expenses.

In creating any such special fund or funds the ((~~water district~~)) commissioners ((~~of such water district~~)) shall have due regard to the cost of operation and maintenance of the plant or system as constructed or added to and to any proportion or part of the revenue previously pledged as a fund for the payment of bonds, warrants, or other indebtedness, and shall not set aside into such special fund a greater amount or proportion of the revenue and proceeds than in their judgment will be available over and above such cost of maintenance and operation and the amount or proportion, if any, of the revenue so previously pledged. Any such bonds and interest thereon issued against any such fund as ((~~herein~~)) provided in this section shall be a valid claim of the owner thereof only as against the ((~~said~~)) special fund and its fixed proportion or amount of the revenue pledged to such fund, and shall not constitute an indebtedness of ((~~such water~~)) the district within the meaning of the constitutional provisions and limitations. Each such bond shall state upon its face that it is payable from a special fund, naming the ((~~said~~)) fund and the resolution creating it. ((~~Said~~)) Such bonds shall be sold in such manner, at such price, and at such rate or rates of interest as the ((~~water district~~)) commissioners shall deem for the best interests of the ((~~water~~)) district, either at public or private sale, and the ((~~said~~)) commissioners may provide in any contract for the construction and acquirement of the proposed improvement (and for the refunding of outstanding local improvement district obligations, if any) that payment therefor shall be made in such bonds at par value thereof.

When any such special fund shall have been heretofore or shall be hereafter created and any such bonds shall have been heretofore or shall hereafter be issued against the same a fixed proportion or a fixed amount out of and not to exceed such ((~~fixed~~)) proportion, or a fixed amount or amounts without regard to any fixed proportion, of revenue shall be set aside and paid into ((~~said~~)) the special fund as provided in the resolution creating such fund or authorizing such bonds((~~, and~~)). In case any ((~~water~~)) district shall fail thus to set aside and pay ((~~said~~)) the fixed proportion or amount ((~~as aforesaid~~)), the owner of any bond payable from such special fund may bring suit or action against the ((~~water~~)) district and compel such setting aside and payment.

(2) ((~~Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW.~~

(3) The water district commissioners of any water district, in the event that such water revenue bonds are issued, shall provide for revenues by fixing rates and charges for the furnishing of water supply to those receiving such service, such rates and charges to be fixed as deemed necessary by such water district commissioners, so that uniform charges will be made for the same class of customer or service.

In classifying customers served or service furnished by such water supply system, the board of water commissioners may in its discretion consider any or all of the following factors: The difference in cost of service to the various customers; the location of the various customers within and without the district; the difference in cost of maintenance, operation, repair and replacement of the various parts of the system; the different character of the service furnished various customers; the quantity and quality of the water furnished; the time of its use; the achievement of water conservation goals and the discouragement of wasteful practices; capital contributions made to the system including but not limited to assessments; and any other matters which present a reasonable difference as a ground for distinction. Such rates shall be made on a monthly basis as may be deemed proper by such commissioners and as fixed by resolution and shall produce revenues sufficient to take care of the costs of maintenance and operation, revenue bond and warrant interest and principal amortization requirements and all other charges necessary for efficient and proper operation of the system.)) Revenue bonds payable from a special fund may be issued and sold in accordance with chapter 39.46 RCW.

Sec. 707. RCW 57.20.023 and 1959 c 108 s 12 are each amended to read as follows:

The board of ((~~water~~)) commissioners may make such covenants as it may deem necessary to secure and guarantee the payment of the principal of and interest on ((~~water~~)) revenue bonds of the district, including but not being limited to covenants for the establishment and maintenance of adequate reserves to secure or guarantee the payment of such principal and interest; the protection and disposition of the proceeds of sale of such bonds; the use and disposition of the gross revenues of the water supply system or sewer system of the district and any additions or betterments thereto or extensions thereof; the use and disposition of any utility local improvement district assessments; the creation and maintenance of funds for renewals and replacements of the system; the establishment and maintenance of rates and charges adequate to pay principal and interest of such bonds and to maintain adequate coverage over debt service; the maintenance, operation and management of the system and the accounting, insuring and auditing of the business in connection therewith; the terms upon which such bonds or any of them may be redeemed at the election of the district; limitations upon the right of the district to dispose of its system or any part thereof; the appointment of trustees, depositaries and paying agents to receive, hold, disburse, invest and reinvest all or any part of the proceeds of sale of the bonds and all or any part of the income, revenue and receipts of the district, and the ((~~board of water~~)) commissioners may make such other covenants as it may deem necessary to accomplish the most advantageous sale of such bonds. The board of ((~~water~~)) commissioners may also provide that revenue bonds payable out of the same source or sources may later be issued on a parity with any revenue bonds being issued and sold.

Sec. 708. RCW 57.20.025 and 1977 ex.s. c 299 s 8 are each amended to read as follows:

The board of ((~~water~~)) commissioners of any ((~~water~~)) district may by resolution provide for the issuance of refunding revenue bonds to refund outstanding general obligation bonds and/or revenue bonds, or any part thereof, and/or all outstanding local improvement district bonds, at maturity thereof, or before maturity thereof if they are subject to call for prior redemption or all of the holders thereof consent thereto. The total interest cost to the district over the life of the refunding bonds shall not exceed the total cost to the district which the district would have incurred but for such refunding over the remainder of the life of the bonds to be refunded thereby. The refunding bonds may be exchanged for the bonds to be refunded thereby, or may be sold in such manner as the board of ((~~water~~)) commissioners deems to be for the best interest of the district, and the proceeds used, except as hereinafter provided, exclusively for the purpose of paying, retiring, and canceling the bonds to be refunded and interest thereon.

All unpaid utility local improvement district assessments payable into the revenue bond redemption fund established for payment of the bonds to be refunded shall thereafter when collected be paid into the revenue bond redemption fund established for payment of the refunding revenue bonds.

Whenever local improvement district bonds have been refunded as provided by RCW 57.16.030 ((~~as now or hereafter amended~~)) (as recodified by this act), or pursuant to this section, all local improvement district assessments remaining unpaid shall thereafter when collected be paid into the revenue bond redemption fund established for payment of the refunding revenue bonds, and the cash balance, if any, in the local improvement guaranty fund of the district and the proceeds received from any other assets owned by such fund shall be used in whole or in part as a reserve fund for the refunding revenue bonds or be transferred in whole or in part to any other funds of the district as the board of ((~~water~~)) commissioners may determine. ((~~In the event that~~)) If any warrants are outstanding against the local improvement guaranty fund of the district at the time of the issuance of such refunding revenue bonds, ((~~said~~)) the bonds shall be issued in an amount sufficient also to fund and pay such outstanding warrants.

The provisions of RCW 57.20.020 shall apply to the refunding revenue bonds issued under this title.

Sec. 709. RCW 57.20.027 and 1975 1st ex.s. c 25 s 5 are each amended to read as follows:

((~~Water~~)) Districts may also issue revenue warrants and revenue bond anticipation warrants for the same purposes for which such districts may issue revenue bonds. The provisions of this chapter relating to the authorization, terms, conditions, covenants, issuance and sale of revenue bonds (exclusive of provisions relating to refunding) shall be applicable to such warrants. ((~~Water~~)) Districts issuing revenue bond anticipation warrants may make covenants relative to the issuance of revenue bonds to provide funds for the redemption of part or all of such warrants and may contract for the sale of such bonds and warrants.

Sec. 710. RCW 57.20.030 and 1982 1st ex.s. c 17 s 20 are each amended to read as follows:

Every ((~~water~~)) district in the state is ((~~hereby~~)) authorized to create a fund for the purpose of guaranteeing, to the extent of such fund, and in the manner hereinafter provided, the payment of all of its local improvement bonds issued, subsequent to June 9, 1937, to pay for any local improvement within its confines. Such fund shall be designated "Local Improvement Guaranty Fund, "of the" Sewer-Water District," "......Water District," ".....Sewer District," or "......District No. .....," and shall be established by resolution of the board of ((~~water~~)) commissioners. For the purpose of maintaining such fund, every ((~~water~~)) district, after the establishment thereof, shall at all times set aside and pay into such a fund such proportion of the monthly gross revenues of the water supply or sewer system of such ((~~water~~)) district as the commissioners thereof may direct by resolution. This proportion may be varied from time to time as the commissioners deem expedient or necessary((~~: PROVIDED, HOWEVER, That~~)). However, under the existence of the conditions set forth in subsections (1) and (2) ((~~next hereunder~~)) of this section, then the proportion must be as ((~~therein~~)) specified((~~, to wit~~)) in subsections (1) and (2) of this section:

(1) Whenever any bonds of any local improvement district have been guaranteed under this ((~~act~~)) section and RCW 57.20.080 and 57.20.090 and the guaranty fund does not have a cash balance equal to twenty percent of all bonds originally guaranteed under this ((~~act,~~)) section and RCW 57.20.080 and 57.20.090 (excluding issues which have been retired in full), then twenty percent of the gross monthly revenues derived from all water and sewer system users in the territory included in ((~~said~~)) the local improvement district (but not necessarily from users in other parts of the ((~~water~~)) district as a whole) shall be set aside and paid into the guaranty fund((~~: PROVIDED, HOWEVER~~)), except that whenever((,)) under the requirements of this subsection, ((~~said~~)) the cash balance accumulates so that it is equal to twenty percent of all bonds guaranteed, or to the full amount of all bonds guaranteed, outstanding and unpaid (which amount might be less than twenty percent of the original total guaranteed), then no further money((s)) need be set aside and paid into ((~~said~~)) the guaranty fund so long as ((~~said~~)) the condition shall continue.

(2) Whenever any warrants issued against the guaranty fund, as ((~~hereinbelow~~)) provided in this section, remain outstanding and uncalled for lack of funds for six months from the date of issuance thereof; or whenever any coupons or bonds guaranteed under this ((~~act~~)) section and RCW 57.20.080 and 57.20.090 have been matured for six months and have not been redeemed either in cash or by issuance and delivery of warrants upon the guaranty fund, then twenty percent of the gross monthly revenues (or such portion thereof as the commissioners of the ((~~water~~)) district determine will be sufficient to retire ((~~said~~)) the warrants or redeem ((~~said~~)) the coupons or bonds in the ensuing six months) derived from all water and sewer system users in the ((~~water~~)) district shall be set aside and paid into the guaranty fund((~~: PROVIDED, HOWEVER, That~~)). However, whenever under the requirements of this subsection all warrants, coupons, or bonds specified in this subsection ((~~above~~)) have been redeemed, no further income needs to be set aside and paid into ((~~said~~)) the guaranty fund under the requirements of this subsection until and unless other warrants remain outstanding and unpaid for six months or other coupons or bonds default.

(3) For the purposes of complying with the requirements of setting aside and paying into the local improvement guaranty fund a proportion of the monthly gross revenues of the water or sewer supply system of any ((~~water~~)) district, as ((~~hereinabove~~)) provided in subsections (1) and (2) of this section, ((~~said water~~)) that district shall bind and obligate itself to maintain and operate ((~~said~~)) the applicable system and further bind and obligate itself to establish, maintain, and collect such rates for water or sewer as will produce gross revenues sufficient to maintain and operate ((~~said water supply~~)) that system and to make necessary provision for the local improvement guaranty fund as specified by this section and RCW 57.20.080 and 57.20.090. ((~~And said water~~)) The district shall alter its rates for water and sewer service from time to time and shall vary the same in different portions of its territory to comply with ((~~the said~~)) those requirements.

(4) Whenever any coupon or bond guaranteed by this ((~~act~~)) section shall mature and there shall not be sufficient funds in the appropriate local improvement district bond redemption fund to pay the same, then the applicable county treasurer shall pay same from the local improvement guaranty fund of the ((~~water~~)) district; if there shall not be sufficient funds in the ((~~said~~)) guaranty fund to pay same, then the same may be paid by issuance and delivery of a warrant upon the local improvement guaranty fund.

(5) Whenever the cash balance in the local improvement guaranty fund is insufficient for the required purposes, warrants drawing interest at a rate determined by the commissioners may be issued by the applicable county auditor, against the ((~~said~~)) fund to meet any liability accrued against it and must be issued upon demand of the holders of any maturing coupons and/or bonds guaranteed by this section, or to pay for any certificates of delinquency for delinquent installments of assessments as provided in subsection (6) of this section. Guaranty fund warrants shall be a first lien in their order of issuance upon the gross revenues set aside and paid into ((~~said~~)) that fund.

(6) Within twenty days after the date of delinquency of any annual installment of assessments levied for the purpose of paying the local improvement bonds of any ((~~water~~)) district guaranteed under the provisions of this ((~~act~~)) section, it shall be mandatory for the county treasurer of the county in which the real property is located to compile a statement of all installments delinquent, together with the amount of accrued interest and penalty appurtenant to each of ((~~said~~)) the installments. Thereupon the applicable county treasurer shall forthwith purchase (for the ((~~water~~)) district) certificates of delinquency for all such delinquent installments. Payment for all such certificates of delinquency shall be made from the local improvement guaranty fund and if there shall not be sufficient money((s)) in ((~~said~~)) the fund to pay for such certificates of delinquency, the applicable county treasurer shall accept ((~~said~~)) the local improvement guaranty fund warrants in payment therefor. All ((~~such~~)) of those certificates of delinquency shall be issued in the name of the local improvement guaranty fund and all guaranty fund warrants issued in payment therefor shall be issued in the name of the appropriate local improvement district fund. Whenever any market is available and the commissioners of the ((~~water~~)) district so direct, the applicable county treasurer shall sell any certificates of delinquency belonging to the local improvement guaranty fund((~~: PROVIDED, That~~)). However, any such sale must not be for less than face value thereof plus accrued interest from date of issuance to date of sale.

((~~Such~~)) (7) Certificates of delinquency, as ((~~above~~)) provided in subsection (6) of this section, shall be issued by the county treasurer of the county in which the real property is located, shall bear interest at the rate of ten percent per annum, shall be in each instance for the face value of the delinquent installment, plus accrued interest to date of issuance of certificate of delinquency, plus a penalty of five percent of such face value, and shall set forth:

(a) Description of property assessed;

(b) Date installment of assessment became delinquent;

((~~Such~~)) The certificates of delinquency may be redeemed by the owner of the property assessed at any time up to two years from the date of foreclosure of such certificate of delinquency. If any such certificate of delinquency ((be)) is not redeemed on the second occurring first day of January subsequent to its issuance, the county treasurer who issued the certificate of delinquency shall then proceed to foreclose such certificate of delinquency in the manner specified for the foreclosure of the lien of local improvement assessments, pursuant to chapter 35.50 RCW and if no redemption be made within the succeeding two years shall execute and deliver a deed conveying fee simple title to the property described in the foreclosed certificate of delinquency.

Sec. 711. RCW 57.20.080 and 1983 c 167 s 165 are each amended to read as follows:

Whenever there shall be paid out of a guaranty fund any sum on account of principal or interest upon a local improvement bond, or on account of purchase of certificates of delinquency, the ((~~water~~)) district, as trustee for the fund, shall be subrogated to all rights of the owner of the bonds, or any interest, or delinquent assessment installments, so paid; and the proceeds thereof, or of the assessment or assessments underlying the same, shall become a part of the guaranty fund. There shall also be paid into ((~~each~~)) such guaranty fund the interest received from the bank deposits of the fund, as well as any surplus remaining in the local improvement funds guaranteed by the guaranty fund, after the payment of all outstanding bonds payable primarily out of such local improvement funds. As among the several issues of bonds guaranteed by the fund, no preference shall exist, but defaulted bonds and any defaulted interest payments shall be purchased out of the fund in the order of their presentation.

The commissioners of every ((~~water~~)) district ((~~operating under RCW 57.20.030, 57.20.080, and 57.20.090~~)) that establishes a guaranty fund shall prescribe, by resolution, appropriate rules and regulations for the guaranty fund, not inconsistent herewith. So much of the money of a guaranty fund as is necessary and is not required for other purposes under this section and RCW 57.20.030((~~, 57.20.080,~~)) and 57.20.090 may, at the discretion of the commissioners of the ((~~water~~)) district, be used to purchase property at county tax foreclosure sales or from the county after foreclosure in cases where such property is subject to unpaid local improvement assessments securing bonds guaranteed by the guaranty fund and such purchase is deemed necessary for the purpose of protecting the guaranty fund. In such cases the ((~~said~~)) guaranty fund shall be subrogated to all rights of the ((~~water~~)) district. After so acquiring title to real property, the ((~~water~~)) district may lease or resell and convey the same in the same manner that county property is authorized to be leased or resold and for such prices and on such terms as may be determined by resolution of the board of ((~~water~~)) commissioners. Any provision of law to the contrary notwithstanding, all proceeds resulting from such resales shall belong to and be paid into the guaranty fund.

Sec. 712. RCW 57.20.090 and 1983 c 167 s 166 are each amended to read as follows:

The owner of any local improvement bonds guaranteed under the provisions of this section and RCW 57.20.030((,)) and 57.20.080((~~, and 57.20.090~~)) shall not have any claim therefor against the ((~~water~~)) district by which the same is issued, except for payment from the special assessments made for the improvement for which ((~~said~~)) the local improvement bonds were issued, and except as against the local improvement guaranty fund of ((~~said water~~)) the district; and the ((~~water~~)) district shall not be liable to any owner of such local improvement bond for any loss to the guaranty fund occurring in the lawful operation thereof by the ((~~water~~)) district. The remedy of the owner of a local improvement bond, in case of nonpayment, shall be confined to the enforcement of the assessment and to the guaranty fund. A copy of the foregoing part of this section shall be plainly written, printed or engraved on each local improvement bond guaranteed by this section and RCW 57.20.030((,)) and 57.20.080((~~, and 57.20.090~~)). The establishment of a local improvement guaranty fund by any ((~~water~~)) district shall not be deemed at variance from any comprehensive plan heretofore adopted by ((~~such water~~)) that district.

((~~In the event~~)) If any local improvement guaranty fund hereunder authorized at any time has a balance therein in cash, and the obligations guaranteed thereby have all been paid off, then such balance shall be transferred to the maintenance fund of the ((~~water~~)) district.

Sec. 713. RCW 57.20.100 and 1984 c 230 s 84 are each amended to read as follows:

A district may, in addition to the levies mentioned in RCW 57.16.020((,)) and 57.16.040 ((~~and 57.20.010~~)) (each as recodified by this act), levy a general tax on all property located in the district each year not to exceed fifty cents per thousand dollars of assessed value against the assessed valuation of the property where such ((~~water~~)) district maintains a fire department ((~~as authorized by RCW 57.16.010 to 57.16.040, inclusive~~)), but such levy shall not be made where any property within such ((~~water~~)) district lies within the boundaries of any fire protection district created under Title 52 RCW. The taxes so levied shall be certified for collection as other general taxes, and the proceeds, when collected, shall be placed in such ((~~water~~)) district funds as the commissioners may direct and paid out on warrants issued for ((~~water~~)) district purposes.

Sec. 714. RCW 57.20.110 and 1970 ex.s. c 42 s 35 are each amended to read as follows:

((~~Each and every water district that may hereafter be organized pursuant to this act is hereby~~)) A district is authorized and empowered by and through its board of ((~~water~~)) commissioners to contract indebtedness for ((~~water~~)) its purposes, and the maintenance thereof not exceeding one-half of one percent of the value of the taxable property in ((~~such water~~)) the district, as the term "value of the taxable property" is defined in RCW 39.36.015.

Sec. 715. RCW 57.20.120 and 1984 c 186 s 55 are each amended to read as follows:

((~~Each and every water district hereafter to be organized pursuant to this title,~~)) A district may contract indebtedness in excess of the amount named in RCW 57.20.110, but not exceeding in amount, together with existing indebtedness, two and one-half percent of the value of the taxable property in ((~~said~~)) that district, as the term "value of the taxable property" is defined in RCW 39.36.015, whenever three‑fifths of the voters voting at ((~~said~~)) the election in such ((~~water~~)) district assent thereto, at which election the total number of persons voting on the proposition shall constitute not less than forty percent of the total number of votes cast in the ((~~water~~)) district at the last preceding general election, at an election to be held in ((~~said water~~)) the district in the manner provided by this title and RCW 39.36.050((~~: PROVIDED, That all bonds so to be issued shall be subject to the provisions regarding bonds as set out in RCW 57.20.010~~)).

Sec. 716. RCW 57.20.130 and 1983 c 167 s 167 are each amended to read as follows:

Any coupons for the payment of interest on ((~~said~~)) bonds of any district shall be considered for all purposes as warrants drawn upon the general fund of the ((~~said water~~)) district issuing such bonds, and when presented to the treasurer of the county having custody of the funds of such ((~~water~~)) district at maturity, or thereafter, and when so presented, if there are not funds in the treasury to pay the ((~~said~~)) coupons, it shall be the duty of the county treasurer to endorse ((~~said~~)) the coupons as presented for payment, in the same manner as county warrants are indorsed, and thereafter ((~~said~~)) the coupons shall bear interest at the same rate as the bonds to which ((~~it was~~)) they were attached. When there are no funds in the treasury to make interest payments on bonds not having coupons, the overdue interest payment shall continue bearing interest at the bond rate until it is paid, unless otherwise provided in the proceedings authorizing the sale of the bonds.

Sec. 717. RCW 57.20.135 and 1988 c 162 s 11 are each amended to read as follows:

Upon obtaining the approval of the county treasurer, the board of commissioners of a ((~~water~~)) district with more than twenty-five hundred water customers or sewer customers may designate by resolution some other person having experience in financial or fiscal matters as the treasurer of the district. Such a treasurer shall possess all of the powers, responsibilities, and duties of, and shall be subject to the same restrictions as provided by law for, the county treasurer with regard to a ((~~water~~)) district, and the county auditor with regard to ((~~water~~)) district financial matters. Such treasurer shall be bonded for not less than twenty-five thousand dollars. Approval by the county treasurer authorizing such a ((~~water~~)) district to designate its treasurer shall not be arbitrarily or capriciously withheld.

Sec. 718. RCW 57.20.140 and 1983 c 57 s 3 are each amended to read as follows:

((~~Unless the board of commissioners of a water district designates a treasurer under RCW 57.20.135, the county~~)) The district treasurer designated under RCW 57.20.135 shall create and maintain a separate fund designated as the maintenance fund or general fund of the district into which shall be paid all money received by ((~~him~~)) the treasurer from the collection of taxes other than taxes levied for the payment of general obligation bonds of the district and all revenues of the district other than assessments levied in local improvement districts or utility local improvement districts, and no money shall be disbursed therefrom except upon warrants of the county auditor issued by authority of the commissioners or upon a resolution of the commissioners ordering a transfer to any other fund of the district. The county treasurer or district treasurer also shall ((~~also~~)) maintain such other special funds as may be prescribed by the ((~~water~~)) district, into which shall be placed such money((s)) as the board of ((~~water~~)) commissioners may by its resolution direct, and from which disbursements shall be made upon proper warrants of the county auditor issued against the same by authority of the board of ((~~water~~)) commissioners.

Sec. 719. RCW 57.20.150 and 1959 c 108 s 15 are each amended to read as follows:

Whenever a ((~~water~~)) district has accumulated money((s)) in the maintenance fund or general fund of the district in excess of the requirements of ((~~such~~)) that fund, the board of ((~~water~~)) commissioners may in its discretion use any of ((~~such~~)) that surplus money((s)) for any of the following purposes: (1) Redemption or servicing of outstanding obligations of the district((,)); (2) maintenance expenses of the district((,)); (3) construction or acquisition of any facilities necessary to carry out the purposes of the district; or (4) any other proper district purpose.

Sec. 720. RCW 57.20.160 and 1986 c 294 s 13 are each amended to read as follows:

Whenever there shall have accumulated in any general or special fund of a ((~~water~~)) district money((s)), the disbursement of which is not yet due, the board of ((~~water~~)) commissioners may, by resolution, authorize the county treasurer to deposit or invest such money((s)) in qualified public depositaries, or to invest such money((s)) in any investment permitted at any time by RCW 36.29.020((~~: PROVIDED, That~~)). However, the county treasurer may refuse to invest any district money((s)) the disbursement of which will be required during the period of investment to meet outstanding obligations of the district.

Sec. 721. RCW 57.20.165 and 1981 c 24 s 2 are each amended to read as follows:

((~~Water~~)) District money((s)) shall be deposited by the district in ((an)) any account, which may be interest-bearing, subject to such requirements and conditions as may be prescribed by the state auditor. The account shall be in the name of the district except((,)) upon request by the treasurer, the accounts shall be in the name of the "......(name of county)..... county treasurer." The treasurer may instruct the financial institutions holding the deposits to transfer them to the treasurer at such times as the treasurer may deem appropriate, consistent with regulations governing and policies of the financial institution.

Sec. 722. RCW 57.20.170 and 1959 c 108 s 17 are each amended to read as follows:

The board of ((~~water~~)) commissioners of any ((~~water~~)) district may, by resolution, authorize and direct a loan or loans from maintenance funds or general funds of the district to construction funds or other funds of the district((~~: PROVIDED, That such~~)), so long as that loan ((~~does~~)) or loans do not, in the opinion of the board of ((~~water~~)) commissioners, impair the ability of the district to operate and maintain its water ((~~supply~~)) or sewer system.

PART VIII - WATER AND SEWER SYSTEM EXTENSIONS

Sec. 801. RCW 57.22.010 and 1989 c 389 s 11 are each amended to read as follows:

If the ((~~water~~)) district approves an extension to the ((~~water~~)) system, the district shall contract with owners of real estate located within the district boundaries, at an owner's request, for the purpose of permitting extensions to the district's ((~~water~~)) system to be constructed by such owner at such owner's sole cost where such extensions are required as a prerequisite to further property development. The contract shall contain such conditions as the district may require pursuant to the district's adopted policies and standards. The district shall request comprehensive plan approval for such extension, if required, and connection of the extension to the district system is conditioned upon:

(1) Construction of such extension according to plans and specifications approved by the district;

(2) Inspection and approval of such extension by the district;

(3) Transfer to the district of such extension without cost to the district upon acceptance by the district of such extension;

(4) Payment of all required connection charges to the district;

(5) Full compliance with the owner's obligations under such contract and with the district's rules and regulations;

(6) Provision of sufficient security to the district to ensure completion of the extension and other performance under the contract;

(7) Payment by the owner to the district of all of the district's costs associated with such extension including, but not limited to, the district's engineering, legal, and administrative costs; and

(8) Verification and approval of all contracts and costs related to such extension.

Sec. 802. RCW 57.22.020 and 1989 c 389 s 12 are each amended to read as follows:

The contract shall also provide, subject to the terms and conditions in this section, for the reimbursement to the owner or the owner's assigns for a period not to exceed fifteen years of a portion of the costs of the ((~~water~~)) facilities constructed pursuant to such contract from connection charges received by the district from other property owners who subsequently connect to or use the ((~~water~~)) facilities within the fifteen-year period and who did not contribute to the original cost of such ((~~water~~)) facilities.

Sec. 803. RCW 57.22.030 and 1989 c 389 s 13 are each amended to read as follows:

The reimbursement shall be a pro rata share of construction and ((~~reimbursement of~~)) contract administration costs of the ((~~water~~)) project. Reimbursement for ((~~water~~)) projects shall include, but not be limited to, design, engineering, installation, and restoration.

Sec. 804. RCW 57.22.040 and 1989 c 389 s 14 are each amended to read as follows:

The procedures for reimbursement contracts shall be governed by the following:

(1) A reimbursement area shall be formulated by the board of commissioners within a reasonable time after the acceptance of the extension. The reimbursement shall be based upon a determination by the board of commissioners of which parcels would require similar ((~~water~~)) improvements upon development.

(2) The contract must be recorded in the appropriate county auditor's office after the final execution of the agreement.

Sec. 805. RCW 57.22.050 and 1989 c 389 s 15 are each amended to read as follows:

As an alternative to financing projects under this chapter solely by owners of real estate, ((~~a water~~)) districts may join in the financing of improvement projects and may be reimbursed in the same manner as the owners of real estate who participate in the projects, if the ((~~water district~~)) board of commissioners has specified the conditions of its participation in a resolution.

PART IX - ANNEXATION OF TERRITORY

Sec. 901. RCW 57.24.010 and 1990 c 259 s 31 are each amended to read as follows:

Territory within the county or counties in which a district is located, or territory adjoining or in close proximity to a district but which is located in another county, may be annexed to and become a part of the district. All annexations shall be accomplished in the following manner: Ten percent of the number of registered voters residing in the territory proposed to be annexed who voted in the last general municipal election may file a petition with the district commissioners and cause the question to be submitted to the voters of the territory whether such territory will be annexed and become a part of the district. If the commissioners concur in the petition, they shall file it with the county auditor of each county in which the real property proposed to be annexed is located, who shall, within ten days, examine ((~~and validate~~)) the signatures thereon and certify to the sufficiency or insufficiency thereof; and for ((~~such~~)) that purpose the county auditor shall have access to all registration books in the possession of the officers of any city or town in the proposed district. If the petition contains a sufficient number of valid signatures, the county auditor of the county in which the real property proposed to be annexed is located shall transmit it, together with a certificate of sufficiency attached thereto, to the ((~~water~~)) commissioners of the district.

If there are no registered voters residing in the territory to be annexed, the petition may be signed by such a number as appear of record to own at least a majority of the acreage in the territory, and the petition shall disclose the total number of acres of land in the territory and the names of all record owners of land therein. If the commissioners are satisfied as to the sufficiency of the petition and concur therein, they shall send it, together with their certificate of concurrence attached thereto to the county legislative authority of each county in which the territory proposed to be annexed is located.

The county legislative authority, upon receipt of a petition certified to contain a sufficient number of signatures of registered voters, or upon receipt of a petition signed by such a number as own at least a majority of the acreage, together with a certificate of concurrence signed by the ((~~water~~)) commissioners, at a regular or special meeting shall cause to be published once a week for at least two weeks in a newspaper in general circulation throughout the territory proposed to be annexed a notice that the petition has been filed, stating the time of the meeting at which it shall be presented, and setting forth the boundaries of the territory proposed to be annexed.

Sec. 902. RCW 57.24.020 and 1982 1st ex.s. c 17 s 22 are each amended to read as follows:

When such petition is presented for hearing, the legislative authority of each county in which the territory proposed to be annexed is located shall hear the petition or may adjourn the hearing from time to time not exceeding one month in all, and any person, firm, or corporation may appear before the county legislative authority and make objections to the proposed boundary lines or to annexation of the territory described in the petition. Upon a final hearing each county legislative authority shall make such changes in the proposed boundary lines within the county as ((~~they~~)) it deems to be proper and shall establish and define such boundaries and shall find whether the proposed annexation as established by the county legislative authority to the ((~~water~~)) district will be conducive to the public health, welfare and convenience and will be of special benefit to the land included within the boundaries of the territory proposed to be annexed to the ((~~water district of the territory proposed to be annexed to the water~~)) district. No lands which will not, in the judgment of the county legislative authority, be benefited by inclusion therein, shall be included within the boundaries of the territory as so established and defined. No change shall be made by the county legislative authority in the boundary lines, including any territory outside of the boundary lines described in the petition. No person having signed such petition shall be allowed to withdraw ((~~his~~)) such person's name therefrom after the filing of the petition with the board of ((~~water~~)) commissioners.

Upon the entry of the findings of the final hearing each county legislative authority, if ((~~they~~)) it finds the proposed annexation to be conducive to the public health, welfare, and convenience and to be of special benefit to the land proposed to be annexed and included within the boundaries of the district, shall give notice of a special election to be held within the boundaries of the territory proposed to be annexed to the ((~~water~~)) district for the purpose of determining whether the same shall be annexed to the ((~~water~~)) district. The notice shall particularly describe the boundaries established by the county legislative authority, and shall state the name of the ((~~water~~)) district to which the territory is proposed to be annexed, and the notice shall be published in a newspaper of general circulation in the territory proposed to be annexed at least once a week for a minimum of two successive weeks prior to the election and shall be posted for the same period in at least four public places within the boundaries of the territory proposed to be annexed, which notice shall designate the places within the territory proposed to be annexed where the election shall be held, and the proposition to the voters shall be expressed on ballots which contain the words:

For Annexation to ((~~Water~~)) District

Against Annexation to ((~~Water~~)) District

The county legislative authority shall name the persons to act as judges at ((~~such~~)) that election.

Sec. 903. RCW 57.24.040 and 1929 c 114 s 16 are each amended to read as follows:

The ((~~said~~)) annexation election shall be held on the date designated in ((~~such~~)) the notice and shall be conducted in accordance with the general election laws of the state. ((~~In the event~~)) If the original petition for annexation is signed by qualified ((~~electors~~)) voters, then only qualified ((~~electors,~~)) voters at the date of election((,)) residing in the territory proposed to be annexed, shall be permitted to vote at the ((~~said~~)) election. ((~~In the event~~)) If the original petition for annexation is signed by property owners as provided for in this ((~~act~~)) chapter, then no person shall be entitled to vote at ((~~such~~)) that election unless at the time of the filing of the original petition he or she owned land in the district of record and in addition thereto at the date of election shall be a qualified ((~~elector~~)) voter of the county in which such district is located. It shall be the duty of the county auditor, upon request of the county ((~~commissioners~~)) legislative authority, to certify to the election officers of any such election((,)) the names of all persons owning land in the district at the date of the filing of the original petition as shown by the records of ((~~his~~)) the auditor's office; and at any such election the election officers may require any such ((~~landowner~~)) property owner offering to vote to take an oath that ((he)) the property owner is a qualified ((~~elector~~)) voter of the county before ((he)) the property owner shall be allowed to vote((~~; PROVIDED, That~~)). However, at any election held under the provisions of this ((~~act~~)) chapter an officer or agent of any corporation having its principal place of business in ((~~said~~)) the county and owning land at the date of filing the original petition in the district duly authorized ((~~thereto~~)) in writing may cast a vote on behalf of such corporation. When so voting ((he)) the person shall file with the election officers such a written instrument of ((~~his~~)) that person's authority. The judge or judges at ((~~such~~)) that election shall make return thereof to the board of ((~~water~~)) commissioners, who shall canvass such return and cause a statement of the result of such election to be entered on the record of ((~~such~~)) those commissioners. If the majority of the votes cast upon the question of such election shall be for annexation, then ((~~such~~)) the territory concerned shall immediately be and become annexed to such ((~~water~~)) district and the same shall then forthwith be a part of the ((~~said water~~)) district, the same as though originally included in ((~~such~~)) that district.

Sec. 904. RCW 57.24.050 and 1929 c 114 s 17 are each amended to read as follows:

All elections held pursuant to this ((~~act~~)) chapter, whether general or special, shall be conducted by the county election board of the county in which the district is located. The expense of all such elections shall be paid for out of the funds of such ((~~water~~)) district.

Sec. 905. RCW 57.24.070 and 1985 c 141 s 8 are each amended to read as follows:

A petition for annexation of an area contiguous to a ((~~water~~)) district may be made in writing, addressed to and filed with the board of commissioners of the district to which annexation is desired. It must be signed by the owners, according to the records of the county auditor, of not less than sixty percent of the area of land for which annexation is petitioned, excluding county and state rights of way, parks, tidelands, lakes, retention ponds, and stream and water courses. Additionally, the petition shall set forth a description of the property according to government legal subdivisions or legal plats, and shall be accompanied by a plat which outlines the boundaries of the property sought to be annexed. ((~~Such~~)) Those county and state properties shall be excluded from local improvement districts or utility local improvement districts in the annexed area and from special assessments, rates, or charges of the district except where service has been regulated and provided to such properties. The owners of such property shall be invited to be included within local improvement districts or utility local improvement districts at the time they are proposed for formation.

Sec. 906. RCW 57.24.090 and 1953 c 251 s 20 are each amended to read as follows:

Following the hearing the board of commissioners shall determine by resolution whether annexation shall be made. It may annex all or any portion of the proposed area but may not include in the annexation any property not described in the petition. Upon passage of the resolution a certified copy shall be filed with the ((~~board of county commissioners~~)) legislative authority of the county in which the annexed property is located.

Sec. 907. RCW 57.24.170 and 1982 c 146 s 4 are each amended to read as follows:

When there is, within a ((~~water~~)) district, unincorporated territory containing less than one hundred acres and having at least eighty percent of the boundaries of such area contiguous to the ((~~water~~)) district, the board of commissioners may resolve to annex ((~~such~~)) that territory to the ((~~water~~)) district. The resolution shall describe the boundaries of the area to be annexed, state the number of voters residing therein as nearly as may be, and set a date for a public hearing on such resolution for annexation. Notice of the hearing shall be given by publication of the resolution at least once a week for two weeks prior to the date of the hearing, in one or more newspapers of general circulation within the ((~~water~~)) district and one or more newspapers of general circulation within the area to be annexed.

Sec. 908. RCW 57.24.180 and 1982 c 146 s 5 are each amended to read as follows:

On the date set for hearing under RCW 57.24.170, residents or property owners of the area included in the resolution for annexation shall be afforded an opportunity to be heard. The board of commissioners may provide by resolution for annexation of the territory described in the resolution, but the effective date of the resolution shall be not less than forty-five days after the passage thereof. The board of commissioners shall cause notice of the proposed effective date of the annexation, together with a description of the property to be annexed, to be published at least once each week for two weeks subsequent to passage of the resolution, in one or more newspapers of general circulation within the ((~~water~~)) district and in one or more newspapers of general circulation within the area to be annexed. Upon the filing of a timely and sufficient referendum petition under RCW 57.24.190, a referendum election shall be held under RCW 57.24.190, and the annexation shall be deemed approved by the voters unless a majority of the votes cast on the proposition are in opposition thereto. After the expiration of the forty-fifth day from((,)) but excluding the date of passage of the annexation resolution, if no timely and sufficient referendum petition has been filed, under RCW 57.24.190, the area annexed shall become a part of the ((~~water~~)) district upon the date fixed in the resolution of annexation.

Sec. 909. RCW 57.24.190 and 1990 c 259 s 32 are each amended to read as follows:

((~~Such~~)) The annexation resolution under RCW 57.24.180 shall be subject to referendum for forty-five days after the passage thereof. Upon the filing of a timely and sufficient referendum petition with the board of commissioners, signed by registered voters in number equal to not less than ten percent of the registered voters in the area to be annexed who voted in the last general municipal election, the question of annexation shall be submitted to the voters of such area in a general election if one is to be held within ninety days or at a special election called for that purpose by the board of commissioners in accordance with RCW 29.13.010 and 29.13.020. Notice of ((~~such~~)) that election shall be given under RCW 57.24.020 and the election shall be conducted under RCW 57.24.040. The annexation shall be deemed approved by the voters unless a majority of the votes cast on the proposition are in opposition thereto.

After the expiration of the forty-fifth day from but excluding the date of passage of the annexation resolution, if no timely and sufficient referendum petition has been filed, the area annexed shall become a part of the ((~~water~~)) district upon the date fixed in the resolution of annexation upon transmitting the resolution to the county legislative authority.

Sec. 910. RCW 57.24.200 and 1986 c 258 s 2 are each amended to read as follows:

((~~Water~~)) A district((s)) may expend funds to inform residents in areas proposed for annexation into the district of the following:

(1) Technical information and data;

(2) The fiscal impact of the proposed improvement; and

(3) The types of improvements planned.

Expenditures under this section shall be limited to research, preparation, printing, and mailing of the information.

Sec. 911. RCW 57.24.210 and 1995 c 279 s 2 are each amended to read as follows:

When there is unincorporated territory containing less than one hundred acres and having at least eighty percent of the boundaries of such area contiguous to two municipal corporations providing water service, one of which is ((~~either a water or sewer~~)) a water-sewer district, the legislative authority of either of the contiguous municipal corporations may resolve to annex such territory to that municipal corporation, provided a majority of the legislative authority of the other contiguous municipal corporation concurs. In such event, the municipal corporation resolving to annex such territory may proceed to effect the annexation by complying with RCW 57.24.170 through 57.24.190. For purposes of this section, "municipal corporation" means a ((~~water district, sewer~~)) water-sewer district, city, or town.

Sec. 912. RCW 57.24.220 and 1994 c 292 s 8 are each amended to read as follows:

A ((~~water~~)) district assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on noncompliance with state or federal requirements for public drinking water systems, which predate the date of assuming responsibility and continue after the date of assuming responsibility, provided that the ((~~water~~)) district has submitted and is complying with a plan and schedule of improvements approved by the department of health. This immunity shall expire on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility. This immunity does not apply to intentional injuries, fraud, or bad faith.

PART X - WITHDRAWAL OF TERRITORY

Sec. 1001. RCW 57.28.010 and 1941 c 55 s 1 are each amended to read as follows:

Territory within ((~~an established water~~)) a district ((~~for public supply systems~~)) may be withdrawn therefrom in the following manner and upon the following conditions: The petition for withdrawal shall be in writing and shall designate the boundaries of the territory proposed to be withdrawn from the district and shall be signed by at least twenty-five percent of the qualified ((~~electors~~)) voters residing within the territory so designated who are qualified ((~~electors~~)) voters on the date of filing such petition. The petition shall set forth that the territory proposed to be withdrawn is of such location or character that water and sewer services cannot be furnished to it by ((~~such water~~)) the district at reasonable cost, and shall further set forth that the withdrawal of such territory will be of benefit to such territory and conducive to the general welfare of the balance of the district.

Sec. 1002. RCW 57.28.020 and 1982 1st ex.s. c 17 s 23 are each amended to read as follows:

The petition for withdrawal shall be filed with the county election officer of each county in which the ((~~water~~)) district is located, and after the filing no person having signed the petition shall be allowed to withdraw ((~~his~~)) the person's name therefrom. Within ten days after such filing, each county election officer shall examine and verify the signatures of signers residing in the respective county. For such purpose the county election officer shall have access to all appropriate registration books in the possession of the election officers of any incorporated city or town within the ((~~water~~)) district. The petition shall be transmitted to the election officer of the county in which the largest land area of the district is located, who shall certify to the sufficiency or insufficiency of the signatures. If such petition be found by such county election officer to contain sufficient signatures, the petition, together with a certificate of sufficiency attached thereto, shall be transmitted to the board of commissioners of the ((~~water~~)) district.

Sec. 1003. RCW 57.28.030 and 1941 c 55 s 3 are each amended to read as follows:

In the event there are no qualified ((~~electors~~)) voters residing within the territory proposed to be withdrawn, ((~~then~~)) the petition for withdrawal may be signed by such persons as appear of record to own at least a majority of the acreage within such territory, in which event the petition shall also state the total number of acres and the names of all record owners of the land within such territory. The petition so signed shall be filed with the board of commissioners of the ((~~water~~)) district, and after such filing no person having signed the same shall be allowed to withdraw ((~~his~~)) that person's name.

Sec. 1004. RCW 57.28.035 and 1985 c 153 s 1 are each amended to read as follows:

As an alternative procedure to those set forth in RCW 57.28.010 through 57.28.030, the withdrawal of territory within a ((~~water~~)) district may be commenced by a resolution of the board of commissioners that sets forth boundaries of the territory to be withdrawn and sets a date for the public hearing required under RCW 57.28.050. Upon the final hearing, the board of commissioners shall make such changes in the proposed boundaries as they deem proper, except that no changes in the boundary lines may be made by the board of commissioners to include lands not within the boundaries of the territory as described in such resolution.

Whenever the board of commissioners proposes to commence the withdrawal of any portion of ((~~their~~)) its territory located within a city or town using the alternative procedures herein authorized, ((~~they~~)) it shall first notify such city or town of their intent to withdraw ((~~said~~)) the territory. If the legislative authority of the city or town takes no action within sixty days of receipt of notification, the district may proceed with the resolution method.

If the city or town legislative authority disapproves of use of the alternative procedures, the board of commissioners may proceed using the process established ((~~pursuant to~~)) under RCW 57.28.010 through 57.28.030.

A withdrawal procedure commenced under this section shall be subject to the procedures and requirements set forth in RCW 57.28.040 through 57.28.110.

Sec. 1005. RCW 57.28.040 and 1985 c 469 s 59 are each amended to read as follows:

Upon receipt by the board of commissioners of a petition and certificate of sufficiency of the auditor, or if the petition is signed by landowners and the board of commissioners ((~~are~~)) is satisfied as to the sufficiency of the signatures thereon, ((~~they~~)) it shall at a regular or special meeting fix a date for hearing on the petition and give notice that the petition has been filed, stating the time and place of the meeting of the board of commissioners at which the petition will be heard and setting forth the boundaries of the territory proposed to be withdrawn. The notice shall be published at least once a week for two successive weeks in a newspaper of general circulation therein, and if no such newspaper is printed in the county, then in some newspaper of general circulation in the county and district. Any additional notice of the hearing may be given as the board of commissioners may by resolution direct.

Prior to fixing the time for a hearing on any such petition, the board of commissioners in ((~~their~~)) its discretion may require the petitioners to furnish a satisfactory bond conditioned that the petitioners shall pay all costs incurred by the ((~~water~~)) district in connection with the petition, including the cost of an election if one is held pursuant thereto, and should the petitioners fail or refuse to post such a bond, if one is required by the ((~~water~~)) district board of commissioners, then there shall be no duty on the part of the board of commissioners to act upon the petition.

Sec. 1006. RCW 57.28.050 and 1986 c 109 s 1 are each amended to read as follows:

The petition for withdrawal shall be heard at the time and place specified in such notice or the hearing may be adjourned from time to time, not exceeding one month in all, and any person may appear at such hearing and make objections to the withdrawal of such territory or to the proposed boundary lines thereof. Upon final hearing on the petition for withdrawal, the board of commissioners of the ((~~water~~)) district shall make such changes in the proposed boundary lines as ((~~they~~)) it deems to be proper, except that no changes in the boundary lines shall be made by the board of commissioners to include lands not within the boundaries of the territory as described in such petition. In establishing and defining such boundaries the board of commissioners shall exclude any property which is then being furnished with water or sewer service by the ((~~water~~)) district or which is included in any distribution or collection system the construction of ((~~which has been duly authorized or~~)) which is included within any duly established local improvement district or utility local improvement district, and the territory as finally established and defined must be substantial in area and consist of adjoining or contiguous properties. The board of commissioners shall thereupon make and by resolution adopt findings of fact as to the following questions:

(1) Would the withdrawal of such territory be of benefit to such territory?

(2) Would such withdrawal be conducive to the general welfare of the balance of the district?

Such findings shall be entered in the records of the ((~~water~~)) district, together with any recommendations the board of commissioners may by resolution adopt.

Sec. 1007. RCW 57.28.060 and 1982 1st ex.s. c 17 s 24 are each amended to read as follows:

Within ten days after the final hearing the board of commissioners of the ((~~water~~)) district shall transmit to the county legislative authority of each county in which the ((~~water~~)) district is located the petition for withdrawal, together with a copy of the findings and recommendations of the board of commissioners of the ((~~water~~)) district certified by the secretary of the ((~~water~~)) district to be a true and correct copy of such findings and recommendations as the same appear on the records of the ((~~water~~)) district.

Sec. 1008. RCW 57.28.070 and 1982 1st ex.s. c 17 s 25 are each amended to read as follows:

Upon receipt of the petition and certified copy of the findings and recommendations adopted by the ((~~water~~)) district commissioners, the county legislative authority of each county in which the district is located at a regular or special meeting shall fix a time and place for hearing thereon and shall cause to be published at least once a week for two or more weeks in successive issues of a newspaper of general circulation in the ((~~water~~)) district, a notice that such petition has been presented to the county legislative authority stating the time and place of the hearing thereon, setting forth the boundaries of the territory proposed to be withdrawn as such boundaries are established and defined in the findings or recommendations of the board of commissioners of the ((~~water~~)) district.

Sec. 1009. RCW 57.28.080 and 1941 c 55 s 8 are each amended to read as follows:

((~~Such~~)) The petition shall be heard at the time and place specified in ((~~such~~)) the notice, or the hearing may be adjourned from time to time, not exceeding one month in all, and any person may appear at ((~~such~~)) the hearing and make objections to the withdrawal of ((~~such~~)) the territory. Upon final hearing on ((~~such~~)) the petition the ((~~said~~)) county ((~~commissioners~~)) legislative authority shall thereupon make, enter, and by resolution adopt ((~~their~~)) its findings of fact on the questions ((~~above~~)) set forth in RCW 57.28.050. If ((~~such~~)) the findings of fact answer ((~~said~~)) the questions affirmatively, and if they are the same as the findings made by the ((~~water~~)) district commissioners, then the county ((~~commissioners~~)) legislative authority shall by resolution declare that ((~~such~~)) the territory be withdrawn from ((~~such water~~)) that district, and thereupon ((~~such~~)) the territory shall be withdrawn and excluded from ((~~such water~~)) that district the same as if it had never been included therein except for the lien of taxes as hereinafter set forth((~~, provided, that~~)). However, the boundaries of the territory withdrawn shall be the boundaries established and defined by the ((~~said water~~)) district board of commissioners and shall not be altered or changed by the county ((~~commissioners~~)) legislative authority unless the unanimous consent of the ((~~water~~)) district commissioners be given in writing to any such alteration or change.

Sec. 1010. RCW 57.28.090 and 1982 1st ex.s. c 17 s 26 are each amended to read as follows:

If the findings of any county legislative authority answer any of ((~~such~~)) the questions of fact set forth in RCW 57.28.050 in the negative, or if any of the findings of the county legislative authority are not the same as the findings of the ((~~water~~)) district board of commissioners upon the same question, then in either of such events, the petition for withdrawal shall be deemed denied. Thereupon, and in such event, the county legislative authority of each county in which the district is located shall by resolution cause a special election to be held not less than thirty days or more than sixty days from the date of the final hearing of any county legislative authority upon the petition for withdrawal, at which election the proposition expressed on the ballots shall be substantially as follows:

"Shall the territory established and defined by the ((~~water~~)) district board of commissioners at ((~~their~~)) its meeting held on the . . . . . . (insert date of final hearing of ((~~water~~)) district board of commissioners upon the petition for withdrawal) be withdrawn from ((~~water~~)) district . . . . . . (naming it).

YES G NO G"

Sec. 1011. RCW 57.28.100 and 1982 1st ex.s. c 17 s 27 are each amended to read as follows:

Notice of ((~~such~~)) the election shall be posted and published in the same manner provided by law for the posting and publication of notice of elections to annex territory to ((~~water~~)) districts. The territory described in the notice shall be that established and defined by the ((~~water~~)) district board of commissioners. All qualified voters residing within the ((~~water~~)) district shall have the right to vote at the election. If a majority of the votes cast favor the withdrawal from the ((~~water~~)) district of such territory, then within ten days after the official canvass of ((~~such~~)) the election the county legislative authority of each county in which the district is located((,)) shall by resolution establish that the territory has been withdrawn, and the territory shall thereupon be withdrawn and excluded from the ((~~water~~)) district the same as if it had never been included therein except for the lien of any taxes as hereinafter set forth.

Sec. 1012. RCW 57.28.110 and 1941 c 55 s 11 are each amended to read as follows:

((~~Any and all~~)) Taxes or assessments levied or assessed against property located in territory withdrawn from a ((~~water~~)) district shall remain a lien and be ((~~collectible~~)) collected as by law provided when ((~~such~~)) the taxes or assessments are levied or assessed prior to ((~~such~~)) the withdrawal or when ((~~such~~)) the levies or assessments are duly made to provide revenue for the payment of general obligations or general obligation bonds of the ((~~water~~)) district duly incurred or issued prior to ((~~such~~)) the withdrawal.

PART XI - CONSOLIDATION OF DISTRICTS AND TRANSFER OF TERRITORY

Sec. 1101. RCW 57.32.010 and 1989 c 308 s 11 are each amended to read as follows:

Two or more ((~~water~~)) districts may be joined into one consolidated ((~~water~~)) district. The consolidation may be initiated in either of the following ways: (1) Ten percent of the ((~~legal electors~~)) voters residing within each of the ((~~water~~)) districts proposed to be consolidated may petition the board of ((~~water~~)) commissioners of ((~~each of~~)) their respective ((~~water~~)) districts to cause the question to be submitted to the((~~legal electors~~)) voters of the ((~~water~~)) districts proposed to be consolidated; or (2) the board((s)) of ((~~water~~)) commissioners of each of the ((~~water~~)) districts proposed to be consolidated may by resolution determine that the consolidation of the districts shall be conducive to the public health, welfare, and convenience and to be of special benefit to the lands of the districts.

Sec. 1102. RCW 57.32.020 and 1982 1st ex.s. c 17 s 30 are each amended to read as follows:

If the consolidation proceedings are initiated by petitions, upon the filing of such petitions with the boards of ((~~water~~)) commissioners of the ((~~water~~)) districts, the boards of ((~~water~~)) commissioners of each district shall file such petitions with the election officer of ((~~each~~)) the county in which ((~~any~~)) the respective district is located, who shall within ten days examine and verify the signatures of the signers residing in the county. The petition shall be transmitted by the other county election officers to the county election officer of the county in which the largest land area involved in the petitions is located, who shall certify to the sufficiency or insufficiency of the signatures. If all of such petitions shall be found to contain a sufficient number of signatures, the county election officer shall transmit the same, together with a certificate of sufficiency attached thereto, to the board((s)) of ((~~water~~)) commissioners of each of the districts proposed for consolidation. ((~~In the event that~~)) If there are no ((~~legal electors~~)) voters residing in one or more of the ((~~water~~)) districts proposed to be consolidated, such petitions may be signed by such a number of landowners as appear of record to own at least a majority of the acreage in the pertinent ((~~water~~)) district, and the petitions shall disclose the total number of acres of land in ((~~the said water~~)) that district and shall also contain the names of all record owners of land therein.

Sec. 1103. RCW 57.32.021 and 1967 ex.s. c 39 s 8 are each amended to read as follows:

Upon receipt by the boards of ((~~water~~)) commissioners of the districts proposed for consolidation, hereinafter referred to as the "consolidating districts", of the county ((~~auditor's~~)) election officer's certificate of sufficiency of the petitions, or upon adoption by the boards of ((~~water~~)) commissioners of the consolidating districts of their resolutions for consolidation, the boards of ((~~water~~)) commissioners of the consolidating districts shall, within ninety days, enter into an agreement providing for consolidation. The agreement shall set forth the method and manner of consolidation, a comprehensive plan or scheme of water supply and sewer services for the consolidated district, and((,)) if the comprehensive plan or scheme of water supply and sewer services provides that one or more of the consolidating districts or the proposed consolidated district issue revenue bonds for either the construction ((~~and/or~~)) or other costs of any part or all of ((~~said~~)) the comprehensive plan, or both, then the details thereof shall be set forth. The requirement that a comprehensive plan or scheme of water supply and sewer services for the consolidated district be set forth in the agreement for consolidation((,)) shall be satisfied if the existing comprehensive plans or schemes of the consolidating districts are incorporated therein by reference and any changes or additions thereto are set forth in detail.

Sec. 1104. RCW 57.32.022 and 1994 c 223 s 71 are each amended to read as follows:

The ((~~respective~~)) boards of ((~~water~~)) commissioners of the consolidating districts shall certify the agreement to the county election officers of ((~~each county~~)) the respective counties in which the districts are located. A special election shall be called by the county election officers for the purpose of submitting to the voters of each of the consolidating districts the proposition of whether or not the several districts shall be consolidated into one ((~~water~~)) district. The proposition shall give the title of the proposed consolidated district. Notice of the election shall be given and the election conducted in accordance with the general election laws.

Sec. 1105. RCW 57.32.023 and 1994 c 223 s 72 are each amended to read as follows:

If at the election a majority of the voters in each of the consolidating districts vote in favor of the consolidation, the county canvassing board shall so declare in its canvass and the return of such election shall be made within ten days after the date thereof. Upon the return the consolidation shall be effective and the consolidating districts shall cease to exist and shall then be and become a new ((~~water~~)) district and municipal corporation of the state of Washington. The name of ((~~such~~)) the new ((~~water~~)) district shall be "((~~Water District No. . . . . .~~)) Water-Sewer District," ". . . . . Water District," ". . . . . Sewer District," or ". . . . . District No.,"((,)) which shall be the name appearing on the ballot. The district shall have all and every power, right, and privilege possessed by other water-sewer, sewer, or water districts of the state of Washington. The district may issue revenue bonds to pay for the construction of any additions and betterments set forth in the comprehensive plan of water supply and sewer services contained in the agreement for consolidation and any future additions and betterments to the comprehensive plan of water supply and sewer services, as its board of ((~~water~~)) district commissioners shall by resolution adopt, without submitting a proposition therefor to the voters of the district.

Sec. 1106. RCW 57.32.024 and 1967 ex.s. c 39 s 11 are each amended to read as follows:

Upon the formation of any consolidated ((~~water~~)) district, all funds, rights, and property, real and personal, of the former districts, shall vest in and become the property of the consolidated district. Unless the agreement for consolidation provides to the contrary, any outstanding indebtedness of any form, owed by the districts, shall remain the obligation of the area of the original debtor district and the ((~~water~~)) board of commissioners of the consolidated ((~~water~~)) district shall make such levies, assessments, or charges for service upon that area or the ((~~water~~)) users therein as shall pay off the indebtedness at maturity.

Sec. 1107. RCW 57.32.130 and 1985 c 141 s 9 are each amended to read as follows:

The ((~~water~~)) commissioners of ((~~all water~~)) the districts consolidated into any new consolidated ((~~water~~)) district shall become ((~~water~~)) commissioners thereof until their respective terms of office expire or until they resign from office if the resignation is before the expiration of their terms of office. At each election of ((~~water~~)) commissioners following the consolidation, only one position shall be filled, so that as the terms of office expire, the total number of ((~~water~~)) commissioners in the consolidated ((~~water~~)) district shall be reduced to three. If one or both of the districts have five commissioners, the agreement providing for consolidation shall provide for the number of commissioners in the consolidated district and the method of reducing the number of commissioners to five or three, as applicable.

Sec. 1108. RCW 57.32.160 and 1987 c 449 s 18 are each amended to read as follows:

A part of one ((~~water or sewer~~)) district may be transferred into an adjacent ((~~water~~)) district if the area can be better served thereby. Such transfer can be accomplished by a petition, directed to both districts, signed by the owners according to the records of the county ((~~auditor~~)) election officer of not less than sixty percent of the area of land to be transferred. If a majority of the commissioners of each district approves the petition, copies of the approving resolutions shall be filed with the county legislative authority which shall act upon the petition as a proposed action in accordance with RCW 57.02.040.

PART XII - MERGER OF DISTRICTS

Sec. 1201. RCW 57.36.010 and 1989 c 308 s 12 are each amended to read as follows:

Whenever two ((~~water~~)) districts desire to merge, either district, hereinafter referred to as the "merging district", may merge into the other district, hereinafter referred to as the "merger district", and the merger district ((~~will~~)) shall survive under its original number.

Sec. 1202. RCW 57.36.020 and 1967 ex.s. c 39 s 4 are each amended to read as follows:

A merger of two ((~~water~~)) districts may be initiated in either of the following ways:

(1) Whenever the boards of ((~~water~~)) commissioners of both ((~~such~~)) districts determine by resolution that the merger of such districts shall be conducive to the public health, welfare, and convenience and to be of special benefit to the lands of such districts.

(2) Whenever ten percent of the ((~~legal electors~~)) voters residing within the merging district petition the board of ((~~water~~)) commissioners of the merging ((~~water~~)) district for a merger, and the board of ((~~water~~)) commissioners of the merger district determines by resolution that the merger of the districts shall be conducive to the public health, welfare, and convenience of the two districts.

Sec. 1203. RCW 57.36.030 and 1982 1st ex.s. c 17 s 33 are each amended to read as follows:

Whenever a merger is initiated in either of the two ways provided under this chapter, the boards of ((~~water~~)) commissioners of the two districts shall enter into an agreement providing for the merger. ((~~Said~~)) The agreement must be entered into within ninety days following completion of the last act in initiation of the merger.

The respective boards of ((~~water~~)) commissioners shall certify the agreement to the county election officer of each county in which the districts are located. ((~~The~~)) Each county election officer shall call a special election for the purpose of submitting to the voters of the ((~~merging~~)) respective districts the proposition of whether the merging district shall be merged into the merger district. Notice of the elections shall be given and the elections conducted in accordance with the general election laws.

Sec. 1204. RCW 57.36.040 and 1982 c 104 s 2 are each amended to read as follows:

If at such election a majority of the voters of the merging ((~~water~~)) district shall vote in favor of the merger, the county canvassing board shall so declare in its canvass and the return of such election shall be made within ten days after the date thereof, and upon such return the merger shall be effective and the merging ((~~water~~)) district shall cease to exist and shall become a part of the merger ((~~water~~)) district. The ((~~water~~)) commissioners of the merging district shall hold office as commissioners of the new ((~~consolidated water~~)) merged district until their respective terms of office expire or until they resign from office if the resignation is before the expiration of their terms of office. At the district election immediately preceding the time when the ((~~total number of~~)) remaining ((~~water~~)) commissioners ((~~is reduced to~~)) have only two ((~~through~~)) years before the expiration of their terms of office, one ((~~water~~)) commissioner shall be elected for a four-year term of office. At the next district election, one ((~~water~~)) commissioner shall be elected for a four-year term of office and one shall be elected for a six-year term of office. Thereafter, each ((~~water~~)) commissioner shall be elected for a six-year term of office in the manner provided by RCW 57.12.020 and ((~~57.12.030~~)) sections 404 and 405 of this act for elections in an existing district. If the merger district has a five-member board of commissioners, at the district election immediately preceding the time when the remaining commissioners have only two years before the expiration of their terms of office, two commissioners shall be elected for a six-year term of office and one commissioner shall be elected for a four-year term of office. At the next district election, two commissioners shall be elected for a six-year term of office. Thereafter, each commissioner shall be elected for a six-year term of office in the manner provided by sections 404 and 405 of this act for election in an existing district.

Sec. 1205. RCW 57.40.135 and 1988 c 162 s 4 are each amended to read as follows:

A person who serves on the board of commissioners of a ((~~sewer~~)) merging district ((that merges under this chapter into a water district, for which the person also serves on the board of commissioners, shall only hold one position on the board of commissioners of the district that results from the merger)) and a merger district shall hold only one position on the board of commissioners of the merger district and shall only receive compensation, expenses, and benefits that are available to a single commissioner.

Sec. 1206. RCW 57.36.050 and 1967 ex.s. c 39 s 7 are each amended to read as follows:

All funds and property, real and personal, of the merging district, shall vest in and become the property of the merger district. Unless the agreement of merger provides to the contrary, any outstanding indebtedness of any form, owed by the districts, shall remain the obligation of the area of the original debtor district; and the ((~~water~~)) commissioners of the merger ((~~water~~)) district shall make such levies, assessments, or charges for service upon ((~~said~~)) such area or the ((~~water~~)) users therein as shall pay off such indebtedness at maturity.

PART XIII - DISPOSITION OF PROPERTY

Sec. 1301. RCW 57.42.010 and 1973 1st ex.s. c 56 s 1 are each amended to read as follows:

Subject to the provisions of RCW 57.42.020 and 57.42.030, any ((~~water~~)) district created under the provisions of this title may sell, transfer, exchange, lease or otherwise dispose of any property, real or personal, or property rights, including but not limited to the title to real property, to a public utility district in the same county on such terms as may be mutually agreed upon by the board of commissioners of each district.

Sec. 1302. RCW 57.42.020 and 1973 1st ex.s. c 56 s 2 are each amended to read as follows:

No ((~~water~~)) district shall dispose of its property to a public utility district unless the respective board of commissioners of each district shall determine by resolution that such disposition is in the public interest and conducive to the public health, welfare, and convenience. Copies of each resolution, together with copies of the proposed disposition agreement, shall be filed with the legislative authority of the county in which the ((~~water~~)) district is located((,)) and with the superior court of that county. Unless the proposed agreement provides otherwise, any outstanding indebtedness of any form((,)) owed by the water district((,)) shall remain the obligation of the area of the ((~~water~~)) district, and the board of commissioners of the public utility district ((~~commissioners~~)) shall be empowered to make such levies, assessments, or charges upon that area or the water or sewer users therein as shall pay off the indebtedness at maturity.

Sec. 1303. RCW 57.42.030 and 1973 1st ex.s. c 56 s 3 are each amended to read as follows:

Within ninety days after the resolutions and proposed agreement have been filed with the court, the court shall fix a date for a hearing and shall direct that notice of the hearing be given by publication. After reviewing the proposed agreement and considering other evidence presented at the hearing, the court may determine by decree that the proposed disposition is in the public interest and conducive to the public health, welfare, and convenience. In addition, the decree shall authorize the payment of all or a portion of the indebtedness of the ((~~water~~)) district relating to property disposed of under such decree. Pursuant to the court decree, the ((~~water~~)) district shall dispose of its property under the terms of the disposition agreement with the public utility district.

PART XIV - LOW-INCOME CUSTOMER ASSISTANCE

Sec. 1401. RCW 57.46.010 and 1995 c 399 s 149 are each amended to read as follows:

A ((~~water~~)) district may include along with, or as part of its regular customer billings, a request for voluntary contributions to assist qualified low-income residential customers of the district in paying their ((~~water~~)) district bills. All funds received by the district in response to such requests shall be transmitted to the grantee of the department of community, trade, and economic development which administers federally funded energy assistance programs for the state in the district's service area or to a charitable organization within the district's service area. All such funds shall be used solely to supplement assistance to low-income residential customers of the district in paying their ((~~water~~)) district bills. The grantee or charitable organization shall be responsible to determine which of the district's customers are qualified for low-income assistance and the amount of assistance to be provided to those who are qualified.

Sec. 1402. RCW 57.46.020 and 1995 c 399 s 150 are each amended to read as follows:

All assistance provided under this chapter shall be disbursed by the grantee or charitable organization. Where possible the ((~~water~~)) district ((~~will~~)) shall be paid on behalf of the customer by the grantee or the charitable organization. When direct vendor payment is not feasible, a check ((~~will~~)) shall be issued jointly payable to the customer and the ((~~water~~)) district. The availability of funds for assistance to a district's low-income customers as a result of voluntary contributions shall not reduce the amount of assistance for which the district's customers are eligible under the federally funded energy assistance programs administered by the grantee of the department of community, trade, and economic development within the district's service area. The grantee or charitable organization shall provide the district with a quarterly report on January 15th, April 15th, July 15th, and October 15th which includes information concerning the total amount of funds received from the district, the names of all recipients of assistance from these funds, the amount received by each recipient, and the amount of funds received from the district currently on hand and available for future low-income assistance.

Sec. 1403. RCW 57.46.030 and 1993 c 45 s 7 are each amended to read as follows:

Contributions received under a program implemented by a ((~~water~~)) district in compliance with this chapter shall not be considered a commingling of funds.

PART XV - DISINCORPORATION

Sec. 1501. RCW 57.90.001 and 1989 c 84 s 63 are each amended to read as follows:

Actions taken under this chapter ((~~57.90 RCW~~)) may be subject to potential review by a boundary review board under chapter 36.93 RCW.

Sec. 1502. RCW 57.90.010 and 1991 c 363 s 137 are each amended to read as follows:

Water-sewer, sewer, water, ((~~sewer,~~)) park and recreation, metropolitan park, county rural library, cemetery, flood control, mosquito control, diking and drainage, irrigation or reclamation, weed, health, or fire protection districts, and any air pollution control authority, hereinafter referred to as "special districts((",))," which are located wholly or in part within a county with a population of two hundred ten thousand or more may be disincorporated when the district has not actively carried out any of the special purposes or functions for which it was formed within the preceding consecutive five-year period.

Sec. 1503. RCW 57.90.020 and 1982 1st ex.s. c 17 s 35 are each amended to read as follows:

Upon the filing with the county legislative authority of each county in which the district is located of a resolution of any governmental unit calling for the disincorporation of a special district, or upon the filing with the county legislative authority of each county in which the district is located of the petition of twenty percent of the ((~~qualified electors~~)) voters within a special district calling for the disincorporation of ((a)) the special district, the county legislative authority shall hold public hearings to determine whether or not any services have been provided within a consecutive five year period and whether the best interests of all persons concerned will be served by the proposed dissolution of the special district.

Sec. 1504. RCW 57.90.030 and 1963 c 55 s 3 are each amended to read as follows:

If the ((~~board of~~)) county ((~~commissioners~~)) legislative authority finds that no services have been provided within the preceding consecutive five-year period and that the best interests of all persons concerned will be served by disincorporating the special district, it shall order that such action be taken, specify the manner in which it is to be accomplished and supervise the liquidation of any assets and the satisfaction of any outstanding indebtedness.

Sec. 1505. RCW 57.90.040 and 1963 c 55 s 4 are each amended to read as follows:

((~~In the event~~)) If a special district is disincorporated the proceeds of the sale of any of its assets, together with money((s)) on hand in the treasury of the special district, shall after payment of all costs and expenses and all outstanding indebtedness be paid to the county treasurer to be placed to the credit of the school district, or districts, in which such special district is situated.

Sec. 1506. RCW 57.90.050 and 1963 c 55 s 5 are each amended to read as follows:

((~~In the event~~)) If a special district is disincorporated and the proceeds of the sale of any of its assets, together with money((s)) on hand in the treasury of the special district, are insufficient to retire any outstanding indebtedness, together with all costs and expenses of liquidation, the ((~~board of~~)) county ((~~commissioners~~)) legislative authority shall levy assessments in the manner provided by law against the property in the special district in amounts sufficient to retire ((~~said~~)) the indebtedness and pay ((~~such~~)) the costs and expenses.

Sec. 1507. RCW 57.90.100 and 1971 ex.s. c 125 s 1 are each amended to read as follows:

Whenever as the result of abandonment of an irrigation district right of way real property held by an irrigation district is to be sold or otherwise disposed of, notice shall be given to the owners of the lands adjoining that real property and such owners shall have ((a)) the right of first refusal to purchase at the appraised price all or any part of the real property to be sold or otherwise disposed of which adjoins or is adjacent to their land.

Real property to be sold or otherwise disposed of under this section shall have been first appraised by the county assessor or by a person designated by ((~~him~~)) the county assessor.

Notice under this section shall be sufficient if sent by registered mail to the owner((~~, and~~)) at the address((~~, as~~)) shown in the tax records of the county in which the land is situated. Notice under this section shall be in addition to any ((~~other~~)) notice required by law.

After sixty days from the date of sending of notice, if no applications for purchase have been received by the irrigation district or other person or entity sending notice, the rights of first refusal of owners of adjoining lands shall be deemed to have been waived, and the real property may be ((~~sold or otherwise~~)) disposed of or sold.

If two or more owners of adjoining lands apply to purchase the same real property, or apply to purchase overlapping parts of the real property, the respective rights of the applicants may be determined in the superior court of the county in which the real property is situated((~~; and~~)). The court may divide the real property in question between some or all of the applicants or award the whole to one applicant, as justice may require.

PART XVI - TECHNICAL CORRECTIONS

Sec. 1601. RCW 35.13.900 and 1995 c 279 s 3 are each amended to read as follows:

Nothing in this chapter precludes or otherwise applies to an annexation by a city or town of unincorporated territory as authorized by RCW ((~~56.24.180, 56.24.200, and 56.24.205, or~~)) 57.24.170, 57.24.190, and 57.24.210.

Sec. 1602. RCW 35.58.570 and 1989 c 389 s 1 are each amended to read as follows:

(1) A metropolitan municipal corporation that is engaged in the transmission, treatment, and disposal of sewage may impose a capacity charge on users of the metropolitan municipal corporation's sewage facilities when the user connects, reconnects, or establishes a new service. The capacity charge shall be approved by the council of the metropolitan municipal corporation and reviewed and reapproved annually.

(2) The capacity charge shall be based upon the cost of the sewage facilities' excess capacity that is necessary to provide sewerage treatment for new users to the system. The capacity charge, which may be collected over a period of fifteen years, shall not exceed:

(a) Seven dollars per month per residential customer equivalent for connections and reconnections occurring prior to January 1, 1996; and

(b) Ten dollars and fifty cents per month per residential customer equivalent for connections and reconnections occurring after January 1, 1996, and prior to January 1, 2001.

For connections and reconnections occurring after January 1, 2001, the capacity charge shall not exceed fifty percent of the basic sewer rate per residential customer equivalent established by the metropolitan municipal corporation at the time of the connection or reconnection.

(3) The capacity charge for a building other than a single-family residence shall be based on the projected number of residential customer equivalents to be represented by the building, considering its intended use.

(4) The council of the metropolitan municipal corporation shall enforce the collection of the capacity charge in the same manner provided for the collection, enforcement, and payment of rates and charges for water-sewer districts provided in ((~~RCW 56.16.100 and 56.16.110~~)) section 314 of this act. At least thirty days before commencement of an action to foreclose a lien for a capacity charge, the metropolitan municipal corporation shall send written notice of delinquency in payment of the capacity charge to any first mortgage or deed of trust holder of record at the address of record.

(5) As used in this section, "sewage facilities" means capital projects identified since January 1, 1982, to July 23, 1989, in the metropolitan municipal corporation's comprehensive water pollution abatement plan. "Residential customer equivalent" shall have the same meaning used by the metropolitan municipal corporation in determining rates and charges at the time the capacity charge is imposed.

Sec. 1603. RCW 35.97.050 and 1983 c 216 s 5 are each amended to read as follows:

If the legislative authority of a municipality deems it advisable that the municipality purchase, acquire, or construct a heating system, or make any additions or extensions to a heating system, the legislative authority shall so provide by an ordinance or a resolution specifying and adopting the system or plan proposed, declaring the estimated cost thereof, as near as may be, and specifying the method of financing and source of funds. Any construction, alteration, or improvement of a heating system by any county, city, town, irrigation district, water-sewer district, ((~~sewer district,~~)) or port district shall be in compliance with the appropriate competitive bidding requirements in Titles 35, 36, 53, ((~~56,~~)) 57, or 87 RCW.

Sec. 1604. RCW 35A.14.901 and 1995 c 279 s 4 are each amended to read as follows:

Nothing in this chapter precludes or otherwise applies to an annexation by a code city of unincorporated territory as authorized by RCW ((~~56.24.180, 56.24.200, and 56.24.205, or~~)) 57.24.170, 57.24.190, and 57.24.210.

Sec. 1605. RCW 35A.56.010 and 1987 c 331 s 79 are each amended to read as follows:

Except as otherwise provided in this title, state laws relating to special service or taxing districts shall apply to, grant powers, and impose duties upon code cities and their officers to the same extent as such laws apply to and affect other classes of cities and towns and their employees, including, without limitation, the following: (1) Chapter 70.94 RCW, relating to air pollution control; (2) chapter 68.52 RCW, relating to cemetery districts; (3) chapter 29.68 RCW, relating to congressional districts; (4) chapters 14.07 and 14.08 RCW, relating to municipal airport districts; (5) chapter 36.88 RCW, relating to county road improvement districts; (6) Title 85 RCW, relating to diking districts, drainage districts, and drainage improvement districts; (7) chapter 36.54 RCW, relating to ferry districts; (8) Title 52 RCW, relating to fire protection districts; (9) Title 86 RCW, relating to flood control districts and flood control; (10) chapter 70.46 RCW, relating to health districts; (11) chapters 87.03 through 87.84 and 89.12 RCW, relating to irrigation districts; (12) chapter 35.61 RCW, relating to metropolitan park districts; (13) chapter 35.58 RCW, relating to metropolitan municipalities; (14) chapter 17.28 RCW, relating to mosquito control districts; (15) chapter 17.12 RCW, relating to agricultural pest districts; (16) ((~~chapter 13.12 RCW, relating to parental or truant schools; (17)~~)) Title 53 RCW, relating to port districts; ((~~(18)~~)) (17) chapter 70.44 RCW, relating to public hospital districts; ((~~(19)~~)) (18) Title 54 RCW, relating to public utility districts; ((~~(20)~~)) (19) chapter 91.08 RCW, relating to public waterway districts; ((~~(21) Title 56 RCW for sewer districts; (22)~~)) (20) chapter 89.12 RCW, relating to reclamation districts; ((~~(23)~~)) (21) chapters 57.02 through 57.36 RCW, relating to water-sewer districts; and ((~~(24)~~)) (22) chapter 17.04 RCW, relating to weed districts.

Sec. 1606. RCW 35A.70.010 and 1967 ex.s. c 119 s 35A.70.010 are each amended to read as follows:

Every code city shall have authority to protect waters within the city or comprising part of the city's water supply pursuant to the authority provided therefor by RCW 9.66.050, 54.16.050, ((~~56.08.010,~~)) 69.30.130, 57.08.010, 8.12.030, 70.54.010 and 70.54.030.

Sec. 1607. RCW 36.29.160 and 1963 c 4 s 36.29.160 are each amended to read as follows:

The county treasurer shall make segregation, collect, and receive from any owner or owners of any subdivision or portion of any lot, tract or parcel of land upon which assessments or charges have been made or may be made hereafter in public utility districts, ((~~sewer districts,~~)) water-sewer districts, or county road improvement districts, under the terms of Title 54 RCW, ((~~Title 56 RCW,~~)) Title 57 RCW, or chapter 36.88 RCW, such portion of the assessments or charges levied or to be levied against such lot, tract or parcel of land in payment of such assessment or charges as the board of commissioners of the public utility district, ((~~sewer district,~~)) the water-sewer district commissioners or the board of county commissioners, respectively, shall certify to be chargeable to such subdivision, which certificate shall state that such property as segregated is sufficient security for the assessment or charges. Upon making collection upon any such subdivision the county treasurer shall note such payment upon his records and give receipt therefor.

Sec. 1608. RCW 36.93.090 and 1995 c 131 s 1 are each amended to read as follows:

Whenever any of the following described actions are proposed in a county in which a board has been established, the initiators of the action shall file within one hundred eighty days a notice of intention with the board: PROVIDED, That when the initiator is the legislative body of a governmental unit, the notice of intention may be filed immediately following the body's first acceptance or approval of the action. The board may review any such proposed actions pertaining to:

(1) The: (a) Creation, incorporation, or change in the boundary, other than a consolidation, of any city, town, or special purpose district; (b) consolidation of special purpose districts, but not including consolidation of cities and towns; or (c) dissolution or disincorporation of any city, town, or special purpose district, except that a board may not review the dissolution or disincorporation of a special purpose district which was dissolved or disincorporated pursuant to the provisions of chapter 36.96 RCW: PROVIDED, That the change in the boundary of a city or town arising from the annexation of contiguous city or town owned property held for a public purpose shall be exempted from the requirements of this section; or

(2) The assumption by any city or town of all or part of the assets, facilities, or indebtedness of a special purpose district which lies partially within such city or town; or

(3) The establishment of or change in the boundaries of a mutual water and sewer system or separate sewer system by a water-sewer district pursuant to RCW 57.08.065 or chapter 57.40 RCW((~~, as now or hereafter amended~~)); or

(4) ((The establishment of or change in the boundaries of a mutual sewer and water system or separate water system by a sewer district pursuant to RCW 56.20.015 or chapter 56.36 RCW, as now or hereafter amended; or

~~(5)~~)) The extension of permanent water or sewer service outside of its existing service area by a city, town, or special purpose district. The service area of a city, town, or special purpose district shall include all of the area within its corporate boundaries plus, (a) for extensions of water service, the area outside of the corporate boundaries which it is designated to serve pursuant to a coordinated water system plan approved in accordance with RCW 70.116.050; and (b) for extensions of sewer service, the area outside of the corporate boundaries which it is designated to serve pursuant to a comprehensive sewerage plan approved in accordance with chapter 36.94 RCW and RCW 90.48.110.

Sec. 1609. RCW 36.94.420 and 1985 c 141 s 1 are each amended to read as follows:

If so provided in the transfer agreement, the area served by the system shall, upon completion of the transfer, be deemed annexed to and become a part of the water-sewer ((~~or sewer~~)) district acquiring the system. The county shall provide notice of the hearing by the county legislative authority on the ordinance executing the transfer agreement under RCW 36.94.330 as follows: (1) By mailed notice to all ratepayers served by the system at least fifteen days prior to the hearing; and (2) by notice in a newspaper of general circulation once at least fifteen days prior to the hearing.

In the event of an annexation under this section resulting from the transfer of a system of sewerage or combined water and sewer systems from a county to a water-sewer district governed by Title 57 RCW, the water-sewer district shall have all the powers of a water-sewer district provided by chapter 57.36 RCW ((~~57.40.150~~)), as if a water-sewer district had been merged into a water-sewer district. ((In the event of an annexation under this section as a result of the transfer of a system of water or combined water and sewer systems from a county to a sewer district governed by Title 56 RCW, the sewer district shall have all the powers of a sewer district provided by RCW 56.36.060 as if a water district had been merged into the sewer district.))

Sec. 1610. RCW 41.04.190 and 1992 c 146 s 13 are each amended to read as follows:

The cost of a policy or plan to a public agency or body is not additional compensation to the employees or elected officials covered thereby. The elected officials to whom this section applies include but are not limited to commissioners elected under chapters 28A.315, 52.14, 53.12, 54.12, ((~~56.12,~~)) 57.12, 70.44, and 87.03 RCW, as well as any county elected officials who are provided insurance coverage under RCW 41.04.180. Any officer authorized to disburse such funds may pay in whole or in part to an insurance carrier or health care service contractor the amount of the premiums due under the contract.

Sec. 1611. RCW 43.99F.020 and 1990 1st ex.s. c 15 s 9 are each amended to read as follows:

For the purpose of providing funds to public bodies for the planning, design, acquisition, construction, and improvement of public waste disposal and management facilities, or for purposes of assisting a public body to obtain an ownership interest in waste disposal and management facilities and/or to defray a part of the payments made by a public body to a service provider under a service agreement entered into pursuant to RCW 70.150.060, in this state, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of three hundred thirty million dollars, or so much thereof as may be required, to finance the improvements defined in this chapter and all costs incidental thereto. The department may not use or permit the use of any funds derived from the sale of bonds authorized by this chapter for: (1) the support of a solid waste recycling activity or service in a locale if the department determines that the activity or service is reasonably available to persons within that locale from private enterprise; or (2) the construction of municipal wastewater facilities unless said facilities have been approved by a general purpose unit of local government in accordance with chapter 36.94 RCW, chapter 35.67 RCW, or RCW ((~~56.08.020~~)) 57.16.010. These bonds shall be paid and discharged within thirty years of the date of issuance. No bonds authorized by this chapter shall be offered for sale without prior legislative appropriation of the proceeds of the bonds to be sold.

Sec. 1612. RCW 82.02.020 and 1990 1st ex.s. c 17 s 42 are each amended to read as follows:

Except only as expressly provided in RCW 67.28.180 and 67.28.190 and the provisions of chapter 82.14 RCW, the state preempts the field of imposing taxes upon retail sales of tangible personal property, the use of tangible personal property, parimutuel wagering authorized pursuant to RCW 67.16.060, conveyances, and cigarettes, and no county, town, or other municipal subdivision shall have the right to impose taxes of that nature. Except as provided in RCW 82.02.050 through 82.02.090, no county, city, town, or other municipal corporation shall impose any tax, fee, or charge, either direct or indirect, on the construction or reconstruction of residential buildings, commercial buildings, industrial buildings, or on any other building or building space or appurtenance thereto, or on the development, subdivision, classification, or reclassification of land. However, this section does not preclude dedications of land or easements within the proposed development or plat which the county, city, town, or other municipal corporation can demonstrate are reasonably necessary as a direct result of the proposed development or plat to which the dedication of land or easement is to apply.

This section does not prohibit voluntary agreements with counties, cities, towns, or other municipal corporations that allow a payment in lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, subdivision, or plat. A local government shall not use such voluntary agreements for local off-site transportation improvements within the geographic boundaries of the area or areas covered by an adopted transportation program authorized by chapter 39.92 RCW. Any such voluntary agreement is subject to the following provisions:

(1) The payment shall be held in a reserve account and may only be expended to fund a capital improvement agreed upon by the parties to mitigate the identified, direct impact;

(2) The payment shall be expended in all cases within five years of collection; and

(3) Any payment not so expended shall be refunded with interest at the rate applied to judgments to the property owners of record at the time of the refund; however, if the payment is not expended within five years due to delay attributable to the developer, the payment shall be refunded without interest.

No county, city, town, or other municipal corporation shall require any payment as part of such a voluntary agreement which the county, city, town, or other municipal corporation cannot establish is reasonably necessary as a direct result of the proposed development or plat.

Nothing in this section prohibits cities, towns, counties, or other municipal corporations from collecting reasonable fees from an applicant for a permit or other governmental approval to cover the cost to the city, town, county, or other municipal corporation of processing applications, inspecting and reviewing plans, or preparing detailed statements required by chapter 43.21C RCW.

This section does not limit the existing authority of any county, city, town, or other municipal corporation to impose special assessments on property specifically benefitted thereby in the manner prescribed by law.

Nothing in this section prohibits counties, cities, or towns from imposing or permits counties, cities, or towns to impose water, sewer, natural gas, drainage utility, and drainage system charges: PROVIDED, That no such charge shall exceed the proportionate share of such utility or system's capital costs which the county, city, or town can demonstrate are attributable to the property being charged: PROVIDED FURTHER, That these provisions shall not be interpreted to expand or contract any existing authority of counties, cities, or towns to impose such charges.

Nothing in this section prohibits a transportation benefit district from imposing fees or charges authorized in RCW 36.73.120 nor prohibits the legislative authority of a county, city, or town from approving the imposition of such fees within a transportation benefit district.

Nothing in this section prohibits counties, cities, or towns from imposing transportation impact fees authorized pursuant to chapter 39.92 RCW.

Nothing in this section prohibits counties, cities, or towns from requiring property owners to provide relocation assistance to tenants under RCW 59.18.440 and 59.18.450.

This section does not apply to special purpose districts formed and acting pursuant to Titles 54, ((~~56,~~)) 57, or 87 RCW, nor is the authority conferred by these titles affected.

Sec. 1613. RCW 84.38.020 and 1995 c 329 s 1 are each amended to read as follows:

Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:

(1) "Claimant" means a person who either elects or is required under RCW 84.64.050 to defer payment of the special assessments and/or real property taxes accrued on the claimant's residence by filing a declaration to defer as provided by this chapter.

When two or more individuals of a household file or seek to file a declaration to defer, they may determine between them as to who the claimant shall be.

(2) "Department" means the state department of revenue.

(3) "Equity value" means the amount by which the fair market value of a residence as determined from the records of the county assessor exceeds the total amount of any liens or other obligations against the property.

(4) "Real property taxes" means ad valorem property taxes levied on a residence in this state in the preceding calendar year.

(5) "Residence" has the meaning given in RCW 84.36.383, except that a residence includes any additional property up to a total of five acres that comprises the residential parcel if this larger parcel size is required under land use regulations.

(6) "Special assessment" means the charge or obligation imposed by a city, town, county, or other municipal corporation upon property specially benefited by a local improvement, including assessments under chapters 35.44, 36.88, 36.94, 53.08, 54.16, ((~~56.20,~~)) 57.16, 86.09, and 87.03 RCW and any other relevant chapter.

Sec. 1614. RCW 90.03.510 and 1986 c 278 s 63 are each amended to read as follows:

Whenever a county, city, town, water-sewer district, or flood control zone district imposes rates or charges to fund storm water control facilities or improvements and the operation and maintenance of such facilities or improvements under RCW 35.67.020, 35.92.020, 36.89.080, 36.94.140, ((~~56.08.010, or 56.16.090~~)) section 301 of this act, or section 314 of this act, it may provide a credit for the value of storm water control facilities or improvements that a person or entity has installed or located that mitigate or lessen the impact of storm water which otherwise would occur.

Sec. 1615. RCW 90.03.525 and 1986 c 278 s 54 are each amended to read as follows:

The rate charged by a local government utility to the department of transportation with respect to state highway right of way or any section of state highway right of way for the construction, operation, and maintenance of storm water control facilities under chapters 35.67, 35.92, 36.89, 36.94, ((~~56.08~~)) 57.08, and 86.15 RCW, shall be thirty percent of the rate for comparable real property, except as otherwise provided in this section. The rate charged to the department with respect to state highway right of way or any section of state highway right of way within a local government utility's jurisdiction shall not, however, exceed the rate charged for comparable city street or county road right of way within the same jurisdiction. The legislature finds that the aforesaid rates are presumptively fair and equitable because of the traditional and continuing expenditures of the department of transportation for the construction, operation, and maintenance of storm water control facilities designed to control surface water or storm water runoff from state highway rights of way. The utility imposing the charge and the department of transportation may, however, agree to either higher or lower rates with respect to the construction, operation, or maintenance of any specific storm water control facilities based upon the extent and adequacy of storm water control facilities constructed by the department and upon the actual benefits to state highway rights of way from the storm water control facilities constructed by the local government utility. If a different rate is agreed to, a report so stating shall be submitted to the legislative transportation committee. If the local government utility and the department of transportation cannot agree upon the proper rate, and after a report has been submitted to the legislative transportation committee and after ninety days from submission of such report, either may commence an action in the superior court for the county in which the state highway right of way is located to establish the proper rate. The court in establishing the proper rate shall take into account the extent and adequacy of storm water control facilities constructed by the department and the actual benefits to the sections of state highway rights of way from storm water control facilities constructed, operated, and maintained by the local government utility. Control of surface water runoff and storm water runoff from state highway rights of way shall be deemed an actual benefit to the state highway rights of way. The rate for sections of state highway right of way as determined by the court shall be set forth in terms of the percentage of the rate for comparable real property, but shall in no event exceed the rate charged for comparable city street or county road right of way within the same jurisdiction.

PART XVII - MISCELLANEOUS

NEW SECTION. Sec. 1700. Part headings as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 1701. (1) RCW 56.02.070, 56.02.100, and 56.02.110, as amended by this act, are each recodified as sections in chapter 57.02 RCW.

(2) RCW 56.04.080, 56.04.120, and 56.04.130, as amended by this act, are each recodified as sections in chapter 57.04 RCW.

(3) RCW 56.02.030, 56.02.080, and 56.36.070 are each recodified as sections in chapter 57.06 RCW.

(4) RCW 56.08.060 and 56.08.012, as amended by this act, and 56.08.170 are each recodified as sections in chapter 57.08 RCW.

(5) RCW 56.08.030, as amended by this act, is recodified as a section in chapter 57.16 RCW.

(6) RCW 56.20.030, as amended by this act, is recodified as a section in chapter 57.16 RCW.

(7) RCW 57.16.020, 57.16.030, 57.16.035, and 57.16.040 are each recodified as sections in chapter 57.20 RCW.

(8) RCW 57.40.135, as amended by this act, is recodified as a section in chapter 57.36 RCW.

NEW SECTION. Sec. 1702. The following acts or parts of acts are each repealed:

(1) RCW 56.02.010 and 1953 c 250 s 26;

(2) RCW 56.02.040 and 1959 c 103 s 18;

(3) RCW 56.02.050 and 1971 ex.s. c 272 s 12;

(4) RCW 56.02.055 and 1982 1st ex.s. c 17 s 1;

(5) RCW 56.02.060 and 1988 c 162 s 5 & 1971 ex.s. c 139 s 1;

(6) RCW 56.02.120 and 1982 1st ex.s. c 17 s 2;

(7) RCW 56.04.001 and 1989 c 84 s 50;

(8) RCW 56.04.020 and 1974 ex.s. c 58 s 1, 1971 ex.s. c 272 s 1, 1945 c 140 s 1, 1943 c 74 s 1, & 1941 c 210 s 1;

(9) RCW 56.04.030 and 1990 c 259 s 21, 1987 c 33 s 1, 1945 c 140 s 2, & 1941 c 210 s 2;

(10) RCW 56.04.040 and 1945 c 140 s 3 & 1941 c 210 s 3;

(11) RCW 56.04.050 and 1990 c 259 s 22, 1987 c 33 s 2, 1973 1st ex.s. c 195 s 61, 1953 c 250 s 1, 1945 c 140 s 4, & 1941 c 210 s 4;

(12) RCW 56.04.060 and 1945 c 140 s 5 & 1941 c 210 s 6;

(13) RCW 56.04.065 and 1983 c 88 s 1;

(14) RCW 56.04.070 and 1985 c 141 s 2, 1981 c 45 s 3, & 1941 c 210 s 5;

(15) RCW 56.04.090 and 1994 c 81 s 79, 1945 c 140 s 16, & 1941 c 210 s 47;

(16) RCW 56.08.010 and 1989 c 389 s 2, 1989 c 308 s 1, & 1987 c 449 s 1;

(17) RCW 56.08.013 and 1985 c 98 s 1 & 1977 ex.s. c 146 s 1;

(18) RCW 56.08.014 and 1983 c 198 s 1;

(19) RCW 56.08.015 and 1984 c 147 s 6 & 1969 c 119 s 1;

(20) RCW 56.08.020 and 1990 1st ex.s. c 17 s 34, 1982 c 213 s 1, 1979 c 23 s 1, 1977 ex.s. c 300 s 1, 1971 ex.s. c 272 s 2, 1959 c 103 s 2, 1953 c 250 s 4, 1947 c 212 s 2, 1945 c 140 s 10, 1943 c 74 s 2, & 1941 c 210 s 11;

(21) RCW 56.08.040 and 1953 c 250 s 6, 1951 c 129 s 1, 1943 c 74 s 3, & 1941 c 210 s 13;

(22) RCW 56.08.050 and 1977 ex.s. c 300 s 2, 1953 c 250 s 7, & 1941 c 210 s 15;

(23) RCW 56.08.065 and 1989 c 84 s 51;

(24) RCW 56.08.070 and 1994 c 31 s 1;

(25) RCW 56.08.075 and 1987 c 449 s 2 & 1982 c 105 s 2;

(26) RCW 56.08.080 and 1993 c 198 s 17, 1989 c 308 s 5, 1984 c 172 s 1, & 1953 c 51 s 1;

(27) RCW 56.08.090 and 1993 c 198 s 18, 1989 c 308 s 6, 1988 c 162 s 1, 1984 c 103 s 2, & 1953 c 51 s 2;

(28) RCW 56.08.092 and 1986 c 244 s 15;

(29) RCW 56.08.100 and 1991 sp.s. c 30 s 24, 1991 c 82 s 1, 1981 c 190 s 5, 1973 c 24 s 1, & 1961 c 261 s 1;

(30) RCW 56.08.105 and 1973 c 125 s 6;

(31) RCW 56.08.110 and 1995 c 301 s 75, 1973 1st ex.s. c 195 s 62, 1970 ex.s. c 47 s 4, & 1961 c 267 s 1;

(32) RCW 56.08.120 and 1967 c 178 s 1;

(33) RCW 56.08.130 and 1967 c 178 s 2;

(34) RCW 56.08.140 and 1991 c 82 s 2 & 1967 c 178 s 3;

(35) RCW 56.08.150 and 1967 c 178 s 4;

(36) RCW 56.08.160 and 1967 c 178 s 5;

(37) RCW 56.08.180 and 1982 c 213 s 3;

(38) RCW 56.08.190 and 1987 c 309 s 3;

(39) RCW 56.08.200 and 1995 c 376 s 14 & 1991 c 190 s 1;

(40) RCW 56.12.010 and 1985 c 330 s 5, 1980 c 92 s 1, 1969 ex.s. c 148 s 7, 1959 c 103 s 4, 1955 c 373 s 1, 1945 c 140 s 8, & 1941 c 210 s 9;

(41) RCW 56.12.015 and 1994 c 223 s 62, 1991 c 190 s 2, 1990 c 259 s 23, & 1987 c 449 s 3;

(42) RCW 56.12.020 and 1994 c 223 s 63, 1979 ex.s. c 126 s 38, 1963 c 200 s 17, 1955 c 55 s 12, & 1953 c 110 s 1;

(43) RCW 56.12.030 and 1994 c 223 s 64, 1990 c 259 s 24, 1986 c 41 s 1, 1985 c 141 s 3, 1981 c 169 s 2, 1953 c 250 s 9, 1947 c 212 s 1, 1945 c 140 s 7, & 1941 c 210 s 8;

(44) RCW 56.12.040 and 1987 c 449 s 4;

(45) RCW 56.12.050 and 1994 c 223 s 65;

(46) RCW 56.16.010 and 1984 c 186 s 46, 1973 1st ex.s. c 195 s 63, 1953 c 250 s 10, 1951 2nd ex.s. c 26 s 1, & 1941 c 210 s 14;

(47) RCW 56.16.020 and 1987 c 449 s 5, 1977 ex.s. c 300 s 3, 1959 c 103 s 5, 1953 c 250 s 11, 1951 c 129 s 2, & 1941 c 210 s 16;

(48) RCW 56.16.030 and 1989 c 389 s 3, 1984 c 186 s 47, 1977 ex.s. c 300 s 4, 1973 1st ex.s. c 195 s 64, 1959 c 103 s 6, 1953 c 250 s 12, 1951 2nd ex.s. c 26 s 2, 1951 c 129 s 3, 1945 c 140 s 11, & 1941 c 210 s 17;

(49) RCW 56.16.035 and 1977 ex.s. c 300 s 5 & 1959 c 103 s 7;

(50) RCW 56.16.040 and 1984 c 186 s 48, 1983 c 167 s 155, 1973 1st ex.s. c 195 s 65, 1970 ex.s. c 56 s 80, 1969 ex.s. c 232 s 85, 1953 c 250 s 13, 1951 2nd ex.s. c 26 s 3, 1945 c 140 s 12, & 1941 c 210 s 18;

(51) RCW 56.16.050 and 1984 c 186 s 49, 1970 ex.s. c 42 s 34, 1945 c 140 s 15, & 1941 c 210 s 42;

(52) RCW 56.16.060 and 1983 c 167 s 156, 1975 1st ex.s. c 25 s 1, 1971 ex.s. c 272 s 4, 1970 ex.s. c 56 s 81, 1969 ex.s. c 232 s 86, 1959 c 103 s 8, & 1941 c 210 s 19;

(53) RCW 56.16.065 and 1975 1st ex.s. c 25 s 4;

(54) RCW 56.16.070 and 1959 c 103 s 9 & 1941 c 210 s 20;

(55) RCW 56.16.080 and 1983 c 167 s 157, 1975 1st ex.s. c 25 s 2, 1970 ex.s. c 56 s 82, & 1941 c 210 s 21;

(56) RCW 56.16.085 and 1959 c 103 s 10;

(57) RCW 56.16.090 and 1991 c 347 s 19, 1974 ex.s. c 58 s 3, 1959 c 103 s 11, & 1941 c 210 s 22;

(58) RCW 56.16.100 and 1977 ex.s. c 300 s 6, 1971 ex.s. c 272 s 5, 1953 c 250 s 14, & 1941 c 210 s 23;

(59) RCW 56.16.110 and 1977 ex.s. c 300 s 7, 1971 ex.s. c 272 s 6, 1953 c 250 s 15, & 1941 c 210 s 24;

(60) RCW 56.16.115 and 1984 c 186 s 50, 1977 ex.s. c 300 s 8, 1973 1st ex.s. c 195 s 66, 1959 c 103 s 12, & 1953 c 250 s 16;

(61) RCW 56.16.130 and 1983 c 167 s 158 & 1941 c 210 s 45;

(62) RCW 56.16.135 and 1988 c 162 s 10 & 1983 c 57 s 2;

(63) RCW 56.16.140 and 1983 c 57 s 1, 1971 ex.s. c 272 s 7, 1959 c 103 s 13, & 1941 c 210 s 46;

(64) RCW 56.16.150 and 1959 c 103 s 14;

(65) RCW 56.16.160 and 1986 c 294 s 12, 1983 c 66 s 21, 1981 c 24 s 3, 1973 1st ex.s. c 140 s 2, & 1959 c 103 s 15;

(66) RCW 56.16.165 and 1981 c 24 s 1;

(67) RCW 56.16.170 and 1959 c 103 s 16;

(68) RCW 56.20.010 and 1987 c 169 s 1, 1971 ex.s. c 272 s 8, & 1941 c 210 s 26;

(69) RCW 56.20.015 and 1983 c 167 s 159, 1981 c 45 s 5, 1980 c 12 s 1, 1977 ex.s. c 300 s 9, & 1974 ex.s. c 58 s 4;

(70) RCW 56.20.020 and 1986 c 256 s 1, 1977 ex.s. c 300 s 10, 1974 ex.s. c 58 s 5, 1965 ex.s. c 40 s 1, 1953 c 250 s 17, & 1941 c 210 s 27;

(71) RCW 56.20.032 and 1989 c 243 s 10;

(72) RCW 56.20.033 and 1987 c 315 s 5;

(73) RCW 56.20.040 and 1953 c 250 s 19 & 1941 c 210 s 29;

(74) RCW 56.20.050 and 1941 c 210 s 30;

(75) RCW 56.20.060 and 1941 c 210 s 31;

(76) RCW 56.20.070 and 1971 ex.s. c 272 s 10, 1969 c 126 s 1, & 1941 c 210 s 33;

(77) RCW 56.20.080 and 1991 c 190 s 4, 1971 ex.s. c 272 s 11, 1971 c 81 s 125, 1965 ex.s. c 40 s 2, & 1941 c 210 s 32;

(78) RCW 56.20.090 and 1953 c 250 s 20;

(79) RCW 56.20.120 and 1987 c 449 s 7;

(80) RCW 56.22.010 and 1989 c 389 s 4;

(81) RCW 56.22.020 and 1989 c 389 s 5;

(82) RCW 56.22.030 and 1989 c 389 s 6;

(83) RCW 56.22.040 and 1989 c 389 s 7;

(84) RCW 56.22.050 and 1989 c 389 s 8;

(85) RCW 56.24.001 and 1989 c 84 s 52;

(86) RCW 56.24.070 and 1990 c 259 s 25, 1989 c 308 s 3, 1988 c 162 s 13, 1985 c 469 s 56, 1982 1st ex.s. c 17 s 3, & 1967 ex.s. c 11 s 1;

(87) RCW 56.24.080 and 1985 c 469 s 57 & 1967 ex.s. c 11 s 2;

(88) RCW 56.24.090 and 1967 ex.s. c 11 s 3;

(89) RCW 56.24.100 and 1967 ex.s. c 11 s 4;

(90) RCW 56.24.110 and 1967 ex.s. c 11 s 5;

(91) RCW 56.24.120 and 1985 c 141 s 4 & 1967 ex.s. c 11 s 6;

(92) RCW 56.24.130 and 1967 ex.s. c 11 s 7;

(93) RCW 56.24.140 and 1967 ex.s. c 11 s 8;

(94) RCW 56.24.150 and 1967 ex.s. c 11 s 9;

(95) RCW 56.24.180 and 1982 c 146 s 1;

(96) RCW 56.24.190 and 1982 c 146 s 2;

(97) RCW 56.24.200 and 1990 c 259 s 26 & 1982 c 146 s 3;

(98) RCW 56.24.205 and 1995 c 279 s 1 & 1987 c 449 s 8;

(99) RCW 56.24.210 and 1986 c 258 s 1;

(100) RCW 56.24.900 and 1967 ex.s. c 11 s 11;

(101) RCW 56.28.001 and 1989 c 84 s 53;

(102) RCW 56.28.010 and 1953 c 250 s 27;

(103) RCW 56.28.020 and 1985 c 153 s 2;

(104) RCW 56.32.001 and 1989 c 84 s 54;

(105) RCW 56.32.010 and 1989 c 308 s 9, 1975 1st ex.s. c 86 s 1, & 1967 c 197 s 2;

(106) RCW 56.32.020 and 1975 1st ex.s. c 86 s 2 & 1967 c 197 s 3;

(107) RCW 56.32.030 and 1975 1st ex.s. c 86 s 3 & 1967 c 197 s 4;

(108) RCW 56.32.040 and 1975 1st ex.s. c 86 s 4 & 1967 c 197 s 5;

(109) RCW 56.32.050 and 1975 1st ex.s. c 86 s 5 & 1967 c 197 s 6;

(110) RCW 56.32.060 and 1967 c 197 s 7;

(111) RCW 56.32.070 and 1985 c 141 s 5 & 1967 c 197 s 8;

(112) RCW 56.32.080 and 1989 c 308 s 10, 1975 1st ex.s. c 86 s 6, & 1967 c 197 s 9;

(113) RCW 56.32.090 and 1967 c 197 s 10;

(114) RCW 56.32.100 and 1975 1st ex.s. c 86 s 7 & 1967 c 197 s 11;

(115) RCW 56.32.110 and 1994 c 289 s 1, 1975 1st ex.s. c 86 s 8, & 1967 c 197 s 12;

(116) RCW 56.32.115 and 1975 1st ex.s. c 86 s 9;

(117) RCW 56.32.120 and 1967 c 197 s 13;

(118) RCW 56.32.160 and 1987 c 449 s 9;

(119) RCW 56.36.001 and 1989 c 84 s 55;

(120) RCW 56.36.010 and 1982 1st ex.s. c 17 s 4 & 1969 ex.s. c 148 s 1;

(121) RCW 56.36.020 and 1969 ex.s. c 148 s 2;

(122) RCW 56.36.030 and 1971 ex.s. c 146 s 7 & 1969 ex.s. c 148 s 3;

(123) RCW 56.36.040 and 1982 c 104 s 1, 1981 c 45 s 6, & 1969 ex.s. c 148 s 4;

(124) RCW 56.36.045 and 1988 c 162 s 3;

(125) RCW 56.36.050 and 1969 ex.s. c 148 s 5;

(126) RCW 56.36.060 and 1981 c 45 s 7 & 1969 ex.s. c 148 s 6;

(127) RCW 56.40.010 and 1995 c 399 s 147 & 1993 c 45 s 1;

(128) RCW 56.40.020 and 1995 c 399 s 148 & 1993 c 45 s 2; and

(129) RCW 56.40.030 and 1993 c 45 s 3.

NEW SECTION. Sec. 1703. The following acts or parts of acts are each repealed:

(1) RCW 57.08.010 and 1994 c 81 s 81 & 1991 c 82 s 4;

(2) RCW 57.08.045 and 1981 c 45 s 10, 1959 c 108 s 4, & 1953 c 251 s 3;

(3) RCW 57.08.080 and 1982 1st ex.s. c 17 s 12 & 1959 c 108 s 2;

(4) RCW 57.08.090 and 1982 1st ex.s. c 17 s 13, 1977 ex.s. c 299 s 1, & 1959 c 108 s 3;

(5) RCW 57.08.130 and 1967 ex.s. c 135 s 2;

(6) RCW 57.12.030 and 1994 c 223 s 69, 1982 1st ex.s. c 17 s 14, 1979 ex.s. c 126 s 39, & 1959 c 18 s 4;

(7) RCW 57.12.045 and 1987 c 449 s 13;

(8) RCW 57.40.001 and 1989 c 84 s 62;

(9) RCW 57.40.100 and 1982 1st ex.s. c 17 s 34 & 1971 ex.s. c 146 s 1;

(10) RCW 57.40.110 and 1971 ex.s. c 146 s 2;

(11) RCW 57.40.120 and 1971 ex.s. c 146 s 3;

(12) RCW 57.40.130 and 1982 c 104 s 3, 1981 c 45 s 12, & 1971 ex.s. c 146 s 4;

(13) RCW 57.40.140 and 1971 ex.s. c 146 s 5; and

(14) RCW 57.40.150 and 1981 c 45 s 13 & 1971 ex.s. c 146 s 6.