Brief Description: Authorizing certain PUDs to operate an electrical appliance repair service.

Sponsors: Representatives Fromhold, Jarrett, Wallace, Conway and Moeller.

Hearing Date: 2/17/05

Staff: Sarah Dylag (786-7109).

Background:

For nearly 60 years, Clark Public Utilities, also known as Clark County Public Utility District (PUD), has repaired major electrical appliances, such as central furnaces, heat pumps, and ovens.

In 1998, an opinion issued by the Washington State Attorney General concluded that PUDs do not have the legal authority to repair appliances other than those they sell or lease.

In 2002, a trial court permanently enjoined Clark Public Utilities from repairing appliances, declaring the utility did not have the legal authority to repair electrical appliances other than those it sold or leased. The court stayed the injunction pending appeals. The state Court of Appeals affirmed the trial court's decision in 2003. The utility appealed to the state Supreme Court, which accepted the case and heard oral arguments on January 19, 2005. An opinion is expected this year.

Summary of Bill:

A PUD can operate an electrical appliance repair service if the PUD is located within a county that has a contiguous border with the state of Oregon, has a population of 340,000 or more, and provides electrical, water, and sewer services to its customers.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.