BP BHEAD INT H [Atlas:Generic]

AN ACT Relating to public utility district commissioners; amending RCW 54.08.010, 54.08.060, 54.12.010, 54.40.040, and 54.40.060; adding a new section to chapter 54.12 RCW; adding a new section to chapter 54.40 RCW; and repealing RCW 54.40.010, 54.40.030, and 54.40.050.

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

Sec. 1. RCW 54.08.010 and 1985 c 469 s 55 are each amended to read as follows:

At any general election held in an even-numbered year, the county legislative authority of any county in this state may, or, on petition of ten percent of the qualified electors of the county based on the total vote cast in the last general county election held in an even-numbered year, shall, by resolution, submit to the voters of the county the proposition of creating a public utility district which shall be coextensive with the limits of the county as now or hereafter established. A form of petition for the creation of a public utility district shall be submitted to the county auditor within ten months prior to the election at which the proposition is to be submitted to the voters. Petitions shall be filed with the county auditor not less than four months before the election and the county auditor shall within thirty days examine the signatures thereof and certify to the sufficiency or insufficiency thereof. If the petition be found to be insufficient, it shall be returned to the persons filing the same, who may amend or add names thereto for ten days, when the same shall be returned to the county auditor, who shall have an additional fifteen days to examine the same and attach his certificate thereto. No person having signed the petition shall be allowed to withdraw his name therefrom after the filing of the same with the county auditor: PROVIDED, That each signature shall be dated and that no signature dated prior to the date on which the form of petition was submitted to the county auditor shall be valid. Whenever the petition shall be certified to as sufficient, the county auditor shall forthwith transmit the same, together with his certificate of sufficiency attached thereto, to the county legislative authority which shall submit the proposition to the voters of the county at the next general election in an even-numbered year occurring forty-five days after submission of the proposition to the legislative authority.

If the election to form a public utility district is initiated by petition, the petition must state whether the public utility district commissioners serve six-year or four-year terms. If the election to form a public utility district is initiated solely by action of the county legislative authority, the county legislative authority shall state in the resolution calling for an election under this section whether the public utility district commissioners serve six-year or four-year terms.

The notice of the election shall state the boundaries of the proposed public utility district; whether the public utility district commissioners, except as otherwise required at the initial election, serve six-year or four-year terms; and the object of such election((~~, and~~)). The notice shall in other respects conform to the requirements of the general laws of the state of Washington, governing the time and manner of holding elections. In submitting the question to the voters for their approval or rejection, the proposition shall be expressed on the ballot substantially in the following terms:

Public Utility District No. .......................... YES G

Public Utility District No. ............................ NO G

Any petition for the formation of a public utility district may describe a less area than the entire county in which the petition is filed, the boundaries of which shall follow the then existing precinct boundaries and not divide any voting precinct; and in the event that such a petition is filed the county legislative authority shall fix a date for a hearing on such petition, and shall publish the petition, without the signatures thereto appended, for two weeks prior to the date of the hearing, together with a notice stating the time of the meeting when the petition will be heard. The publication, and all other publications required by this act, shall be in a newspaper of general circulation in the county in which the district is situated. The hearing on the petition may be adjourned from time to time, not exceeding four weeks in all. If upon the final hearing the county legislative authority shall find that any lands have been unjustly or improperly included within the proposed public utility district and will not be benefited by inclusion therein, it shall change and fix the boundary lines in such manner as it shall deem reasonable and just and conducive to the public welfare and convenience, and make and enter an order establishing and defining the boundary lines of the proposed public utility district: PROVIDED, That no lands shall be included within the boundaries so fixed lying outside the boundaries described in the petition, except upon the written request of the owners of those lands. Thereafter the same procedure shall be followed as prescribed in this chapter for the formation of a public utility district including an entire county, except that the petition and election shall be confined solely to the lesser public utility district.

No public utility district created after September 1, 1979, shall include any other public utility district within its boundaries: PROVIDED, That this paragraph shall not alter, amend, or modify provisions of chapter 54.32 RCW.

Sec. 2. RCW 54.08.060 and 1994 c 223 s 55 are each amended to read as follows:

(1) Whenever a proposition for the formation of a public utility district is to be submitted to voters in any county, the county legislative authority may by resolution call a special election, and at the request of petitioners for the formation of such district contained in the petition shall do so and shall provide for holding the same at the earliest practicable time. If the boundaries of the proposed district embrace an area less than the entire county, such election shall be confined to the area so included. The notice of such election shall state the boundaries of the proposed district; whether the public utility district commissioners, except as otherwise required at the initial election, serve six-year or four-year terms; and the object of such election; in other respects, such election shall be held and called in the same manner as provided by law for the holding and calling of general elections: PROVIDED, That notice thereof shall be given for not less than ten days nor more than thirty days prior to such special election. In submitting the proposition to the voters for their approval or rejection, such proposition shall be expressed on the ballots in substantially the following terms:

Public Utility District No. ..................... YES

Public Utility District No. ..................... NO

At the same special election on the proposition to form a public utility district, there shall also be an election for three public utility district commissioners. However, the election of such commissioners shall be null and void if the proposition to form the public utility district does not receive approval by a majority of the voters voting on the proposition. No primary shall be held. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest number of votes for the commissioner of each commissioner district shall be elected as the commissioner of that district. Commissioner districts shall be established as provided in RCW 54.12.010.

(2)(a) The terms of the initial commissioners, in public utility districts in which commissioners are subsequently elected to six-year terms, shall be staggered as follows: ((~~(1)~~)) (i) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an even-numbered year or a five-year term if the election is held in an odd-numbered year; ((~~(2)~~)) (ii) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an even-numbered year or a three-year term of office if the election is held in an odd-numbered year; and ((~~(3)~~)) (iii) the other person who is elected shall be elected to a two-year term of office if the election is held in an even-numbered year or a one-year term of office if the election is held in an odd-numbered year.

(b) The terms of the initial commissioners, in public utility districts in which commissioners are subsequently elected to four-year terms, are staggered as follows: (i) The two persons who are elected receiving the greatest and next greatest number of votes are elected to four-year terms of office if the election is held in an even-numbered year or three-year terms if the election is held in an odd-numbered year; (ii) the other person who is elected is elected to a two-year term of office if the election is held in an even-numbered year or a one-year term of office if the election is held in an odd-numbered year.

The commissioners first to be elected at such special election shall assume office immediately when they are elected and qualified, but the length of their terms of office shall be calculated from the first day in January in the year following their elections.

The term "general election" as used herein means biennial general elections at which state and county officers in a noncharter county are elected.

Sec. 3. RCW 54.12.010 and 1994 c 223 s 56 are each amended to read as follows:

A public utility district that is created as provided in RCW 54.08.010 shall be a municipal corporation of the state of Washington, and the name of such public utility district shall be Public Utility District No. . . . . of . . . . . . County.

The powers of the public utility district shall be exercised through a commission consisting of three members in three commissioner districts, and five members in five commissioner districts.

When the public utility district is county-wide and the county has three county legislative authority districts, then, at the first election of commissioners and until any change shall have been made in the boundaries of public utility district commissioner districts, one public utility district commissioner shall be chosen from each of the three county legislative authority districts. When the public utility district comprises only a portion of the county, with boundaries established in accordance with chapter 54.08 RCW, or when the public utility district is county-wide and the county does not have three county legislative authority districts, three public utility district commissioner districts, numbered consecutively, each with approximately equal population and following precinct lines, as far as practicable, shall be described in the petition for the formation of the public utility district, which shall be subject to appropriate change by the county legislative authority if and when it changes the boundaries of the proposed public utility district, and one commissioner shall be elected as a commissioner of each of the public utility district commissioner districts. Commissioner districts shall be used as follows: (1) Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district; and (2) 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 public utility district may vote at a general election to elect a person as a commissioner of the commissioner district.

The term of office of each public utility district commissioner other than the commissioners at large shall be either six or four years, as determined at the time of formation of the district or as changed pursuant to section 4 of this act, and the term of each commissioner at large shall be four years. Each term shall be computed in accordance with RCW 29.04.170 following the commissioner's election. All public utility district commissioners shall hold office until their successors shall have been elected and have qualified and assume office in accordance with RCW 29.04.170.

A vacancy in the office of public utility district commissioner shall occur as provided in chapter 42.12 RCW or by nonattendance at meetings of the public utility district commission for a period of sixty days unless excused by the public utility district commission. Vacancies on a board of public utility district commissioners shall be filled as provided in chapter 42.12 RCW.

The boundaries of the public utility district commissioner districts may be changed only by the public utility district commission, and shall be examined every ten years to determine substantial equality of population in accordance with chapter 29.70 RCW, but the boundaries shall not be changed oftener than once in four years, and only when all members of the commission are present. Whenever territory is added to a public utility district under RCW 54.04.035, the boundaries of the public utility commissioner districts shall be changed to include such additional territory. The proposed change of the boundaries of the public utility district commissioner district must be made by resolution and after public hearing. Notice of the time of a public hearing thereon shall be published for two weeks prior thereto. Upon a referendum petition signed by ten percent of the qualified voters of the public utility district being filed with the county auditor, the county legislative authority shall submit such proposed change of boundaries to the voters of the public utility district for their approval or rejection. Such petition must be filed within ninety days after the adoption of resolution of the proposed action. The validity of the petition shall be governed by the provisions of chapter 54.08 RCW.

NEW SECTION. Sec. 4. A new section is added to chapter 54.12 RCW to read as follows:

In any public utility district in which commissioners serve six-year terms, a ballot proposition shall be submitted to the voters of the district authorizing a change of all six-year terms to four-year terms whenever the public utility district commission adopts a resolution proposing the change in terms of office or petition proposing such a change in terms of office has been submitted to the county auditor of the county in which the public utility district is located that has been signed by voters of the public utility district at least equal in number to ten percent of the number of voters in the public utility district who voted at the last general election. The ballot proposition shall be submitted at the next general or special election occurring sixty or more days after the petition was submitted or resolution was adopted.

If the proposition reducing the terms of office from six to four years is approved by a majority of the voters voting on the proposition, any commissioner or commissioners who are elected at that election shall be elected to four-year terms of office. The terms of office of the other commissioners shall not be reduced, but each successor shall be elected to a four-year term of office.

Sec. 5. RCW 54.40.040 and 1994 c 223 s 58 are each amended to read as follows:

((A)) In any public utility district that ((has or had a license from the federal power commission to construct a hydroelectric project of an estimated cost of more than two hundred fifty million dollars, including interest during construction, or has a population of five hundred thousand or more, shall be classified as a five commissioner district if voters of the district approve a ballot proposition authorizing the change)) is governed by three commissioners, a ballot proposition must be submitted to the voters of the district authorizing an increase to five commissioners whenever the public utility district commission adopts a resolution proposing the increase in the number of commissioners to five or a petition proposing such a change in the number of commissioners has been submitted to the county auditor of the county in which the public utility district is located that has been signed by voters of the public utility district at least equal in number to ten percent of the number of voters in the public utility district who voted at the last general election. The ballot proposition must be submitted at the next general or special election occurring sixty or more days after the petition was submitted or resolution was adopted. In submitting the question to the voters for their approval or rejection, the proposition shall be expressed on the ballot in substantially the following terms:

Shall Public Utility District No. . . . . be reclassified a Five Commissioner District for the purpose of increasing the number of commissioners to five YES G

NO G

Should a majority of the voters voting on the question approve the proposition, the district shall be declared a five commissioner district upon the certification of the election returns. All other public utility districts are known as three commissioner districts.

Sec. 6. RCW 54.40.060 and 1994 c 223 s 60 are each amended to read as follows:

If the reclassification to a five commissioner district is approved by the voters, the public utility district commission within sixty days after the results of ((~~said~~)) the election are certified shall divide the public utility district into two districts of as nearly equal population as possible, and shall designate the districts as District A and District B and are referred to collectively as "at-large" districts. At-large districts shall be used as follows: (1) Only a registered voter who resides in an at-large district may be a candidate for or hold office as a commissioner of that district; and (2) only voters of an at-large district may vote at a primary to nominate candidates for the position of at-large commissioner from that district. Voters of the entire public utility district may vote at a general election to elect a person as commissioner for the at-large district.

NEW SECTION. Sec. 7. A new section is added to chapter 54.40 RCW to read as follows:

Petitions or resolutions calling for an election to change the terms of office of public utility district commissioners and to increase the number of commissioners from three to five pursuant to section 4 of this act and RCW 54.40.040, may be consolidated. When such a consolidated petition is certified or consolidated resolution is adopted, the questions of changing the terms of office of public utility district commissioners and of increasing the number of commissioners shall be presented separately on the election ballot and may be approved or disapproved independently of each other.

NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:

(1) RCW 54.40.010 and 1994 c 223 s 57, 1977 ex.s. c 36 s 1, & 1959 c 265 s 2;

(2) RCW 54.40.030 and 1977 ex.s. c 36 s 3 & 1959 c 265 s 4; and

(3) RCW 54.40.050 and 1994 c 223 s 59, 1977 ex.s. c 36 s 5, & 1959 c 265 s 6.