AN
ACT Relating to state-issued solid waste collection certificates in cities and
towns; amending RCW 35.02.160, 35.13.280, and 35A.14.900; and adding a new
section to chapter 81.77 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
35.02.160 and 1986 c 234 s 24 are each amended to read as follows:
The
incorporation of any territory as a city or town shall cancel, as of the
effective date of such incorporation, any franchise or permit theretofore
granted to any person, firm or corporation by the state of Washington, or by
the governing body of such incorporated territory, authorizing or otherwise
permitting the operation of any public transportation, garbage ((collection
and/or)) disposal or other similar public service business or facility
within the limits of the incorporated territory, but the holder of any such
franchise or permit canceled pursuant to this section shall be forthwith
granted by the incorporating city or town a franchise to continue such business
within the incorporated territory for a term of not less than the remaining
term of the original franchise or permit, or ((five)) not less than
seven years, whichever is the shorter period, and the incorporating city or
town, by franchise, permit or public operation, shall not extend similar or
competing services to the incorporated territory except upon a proper showing
of the inability or refusal of such person, firm or corporation to adequately
service said incorporated territory at a reasonable price: PROVIDED, That the
provisions of this section shall not preclude the purchase by the incorporating
city or town of said franchise, business, or facilities at an agreed or negotiated
price, or from acquiring the same by condemnation upon payment of damages,
including a reasonable amount for the loss of the franchise or permit. In the
event that any person, firm or corporation whose franchise or permit has been
canceled by the terms of this section shall suffer any measurable damages as a
result of any incorporation pursuant to the provisions of chapter 35.02 RCW,
such person, firm or corporation shall have a right of action against any city
or town causing such damages.
After
the incorporation of any city or town, the utilities and transportation
commission shall continue to regulate solid waste collection within the limits
of the incorporated city or town until such time as the city or town notifies
the commission, in writing, of its decision to contract for solid waste
collection or provide solid waste collection itself pursuant to RCW 81.77.020.
In the event the incorporated city or town at any time decides to contract for
solid waste collection or decides to undertake solid waste collection itself,
the holder of any such franchise or permit that is so canceled in whole or in
part shall be forthwith granted by the incorporated city or town a franchise to
continue such business within the incorporated territory for a term of not less
than the remaining term of the original franchise or permit, or not less than
seven years, whichever is the shorter period, and the incorporated city or
town, by franchise, permit, or public operation, shall not extend similar or
competing services to the incorporated territory except upon a proper showing
of the inability or refusal of such person, firm, or corporation to adequately
service the incorporated territory at a reasonable price. Upon the effective
date specified by the city or town council's ordinance or resolution to have
the city or town contract for solid waste collection or undertake solid waste
collection itself, the transition period specified in this section begins to
run. This section does not preclude the purchase by the incorporated city or
town of the franchise, business, or facilities at an agreed or negotiated
price, or from acquiring the same by condemnation upon payment of damages,
including a reasonable amount for the loss of the franchise or permit. In the
event that any person, firm, or corporation whose franchise or permit has been
canceled in whole or in part by the terms of this section suffers any
measurable damages as a result of any incorporation pursuant to this chapter,
such person, firm, or corporation has a right of action against any city or
town causing such damages.
Sec.
2. RCW
35.13.280 and 1994 c 81 s 15 are each amended to read as follows:
The
annexation by any city or town of any territory pursuant to those provisions of
chapter 35.10 RCW which relate to the annexation of a city or town to a city or
town, or pursuant to the provisions of chapter 35.13 RCW shall cancel, as of
the effective date of such annexation, any franchise or permit theretofore
granted to any person, firm or corporation by the state of Washington, or by
the governing body of such annexed territory, authorizing or otherwise
permitting the operation of any public transportation, garbage ((collection
and/or)) disposal or other similar public service business or facility
within the limits of the annexed territory, but the holder of any such
franchise or permit canceled pursuant to this section shall be forthwith
granted by the annexing city or town a franchise to continue such business
within the annexed territory for a term of not less than ((five)) seven
years from the date of issuance thereof, and the annexing city or town, by
franchise, permit or public operation, shall not extend similar or competing
services to the annexed territory except upon a proper showing of the inability
or refusal of such person, firm or corporation to adequately service said
annexed territory at a reasonable price: PROVIDED, That the provisions of this
section shall not preclude the purchase by the annexing city or town of said franchise,
business, or facilities at an agreed or negotiated price, or from acquiring the
same by condemnation upon payment of damages, including a reasonable amount for
the loss of the franchise or permit. In the event that any person, firm or
corporation whose franchise or permit has been canceled by the terms of this
section shall suffer any measurable damages as a result of any annexation
pursuant to the provisions of the laws above-mentioned, such person, firm or
corporation shall have a right of action against any city or town causing such
damages.
After
an annexation by a city or town, the utilities and transportation commission
shall continue to regulate solid waste collection within the limits of the
annexed territory until such time as the city or town notifies the commission,
in writing, of its decision to contract for solid waste collection or provide
solid waste collection itself pursuant to RCW 81.77.020. In the event the
annexing city or town at any time decides to contract for solid waste
collection or decides to undertake solid waste collection itself, the holder of
any such franchise or permit that is so canceled in whole or in part shall be
forthwith granted by the annexing city or town a franchise to continue such
business within the annexed territory for a term of not less than the remaining
term of the original franchise or permit, or not less than seven years,
whichever is the shorter period, and the city or town, by franchise, permit, or
public operation, shall not extend similar or competing services to the annexed
territory except upon a proper showing of the inability or refusal of such
person, firm, or corporation to adequately service the annexed territory at a
reasonable price. Upon the effective date specified by the city or town
council's ordinance or resolution to have the city or town contract for solid
waste collection or undertake solid waste collection itself, the transition
period specified in this section begins to run. This section does not preclude
the purchase by the annexing city or town of the franchise, business, or facilities
at an agreed or negotiated price, or from acquiring the same by condemnation
upon payment of damages, including a reasonable amount for the loss of the
franchise or permit. In the event that any person, firm, or corporation whose
franchise or permit has been canceled by the terms of this section suffers any
measurable damages as a result of any annexation pursuant to this chapter, such
person, firm, or corporation has a right of action against any city or town
causing such damages.
Sec.
3. RCW
35A.14.900 and 1967 ex.s. c 119 s 35A.14.900 are each amended to read as
follows:
The
annexation by any code city of any territory pursuant to this chapter shall
cancel, as of the effective date of such annexation, any franchise or permit
theretofore granted to any person, firm or corporation by the state of
Washington, or by the governing body of such annexed territory, authorizing or
otherwise permitting the operation of any public utility, including but not
limited to, public electric, water, transportation, garbage ((collection
and/or)) disposal or other similar public service business or facility
within the limits of the annexed territory, but the holder of any such
franchise or permit canceled pursuant to this section shall be forthwith
granted by the annexing code city a franchise to continue such business within
the annexed territory for a term of not less than ((five)) seven
years from the date of issuance thereof, and the annexing code city, by
franchise, permit or public operation, shall not extend similar or competing
services to the annexed territory except upon a proper showing of the inability
or refusal of such person, firm or corporation to adequately service said
annexed territory at a reasonable price: PROVIDED, That the provisions of this
section shall not preclude the purchase by the annexing code city of said
franchise, business, or facilities at an agreed or negotiated price, or from
acquiring the same by condemnation upon payment of damages, including a reasonable
amount for the loss of the franchise or permit. In the event that any person,
firm or corporation whose franchise or permit has been canceled by the terms of
this section shall suffer any measurable damages as a result of any annexation
pursuant to the provisions of the laws above-mentioned, such person, firm or
corporation shall have a right of action against any code city causing such
damages.
After
an annexation by a code city, the utilities and transportation commission shall
continue to regulate solid waste collection within the limits of the annexed
territory until such time as the city notifies the commission, in writing, of
its decision to contract for solid waste collection or provide solid waste
collection itself pursuant to RCW 81.77.020. In the event the annexing city at
any time decides to contract for solid waste collection or decides to undertake
solid waste collection itself, the holder of any such franchise or permit that
is so canceled in whole or in part shall be forthwith granted by the annexing
city a franchise to continue such business within the annexed territory for a
term of not less than the remaining term of the original franchise or permit,
or not less than seven years, whichever is the shorter period, and the city, by
franchise, permit, or public operation, shall not extend similar or competing
services to the annexed territory except upon a proper showing of the inability
or refusal of such person, firm, or corporation to adequately service the
annexed territory at a reasonable price. Upon the effective date specified by
the code city council's ordinance or resolution to have the code city contract
for solid waste collection or undertake solid waste collection itself, the
transition period specified in this section begins to run. This section does
not preclude the purchase by the annexing city of the franchise, business, or
facilities at an agreed or negotiated price, or from acquiring the same by
condemnation upon payment of damages, including a reasonable amount for the loss
of the franchise or permit. In the event that any person, firm, or corporation
whose franchise or permit has been canceled by the terms of this section
suffers any measurable damages as a result of any annexation pursuant to this
chapter, such person, firm, or corporation has a right of action against any
city causing such damages.
NEW
SECTION. Sec. 4. A
new section is added to chapter 81.77 RCW to read as follows:
A
city, town, or combined city-county may at any time reverse its decision to
exercise its authority under RCW 81.77.020. In such an event, the commission
shall issue a certificate to the last holder of a valid commission certificate
of public convenience and necessity, or its successors or assigns, for the area
reverting to commission jurisdiction. If there was no certificate existing for
the area, or the previous holder was compensated for its certificate property
right, the commission shall consider applications for authority under RCW
81.77.040.
NEW
SECTION. Sec. 5. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
