2925-S AMH ERIM OSBO 129

SHB 2925 - H AMD 1238

By Representative Ericks

ADOPTED 2/16/2010

    Strike everything after the enacting clause and insert the following:

    "Sec. 1. RCW 35.21.420 and 1965 c 7 s 35.21.420 are each amended to read as follows:

(1) Any city owning and operating a public utility and having facilities for the generation of electricity located in a county other than that in which the city is located, may provide for the public peace, health, safety and welfare of such county as concerns the facilities and the personnel employed in connection therewith, by contributing to the support of the county government of any such county and enter into contracts with any such county therefor.

(2)(a) Any city with a population greater than five hundred thousand people owning and operating a public utility and having facilities for the generation of electricity located in a county other than that in which the city is located, must provide for the impacts of lost revenue and the public peace, health, safety, and welfare of such county as concerns the facilities and the personnel employed in connection therewith, by contributing to the support of the county, city, or town government and school district of any such county and enter into contracts with any such county therefore as specified in RCW 35.21.425.
(b)(i) In the event the contract between a county and the governing body of a city with a population greater than five hundred thousand people authorized or required under this section expires prior to the adoption of a new contract between the parties, the city must continue to make compensatory payments to the affected county pursuant to the terms of the most recent expired contract until such time as a new contract is entered into by the parties.
(ii) In the event a contract entered into under subsection (1) of this section between a county and the governing body of a city with a population greater than five hundred thousand people expired prior to the effective date of this act, the city shall be indebted to the county for any resulting arrearage accruing from the time of the expiration of the contract until such time as a new contract is entered into by the parties.  The dollar amount of such arrearage shall be calculated retroactively by reference to the payment terms set forth in the most recent expired compensation contract between the city and the county.

(c) In the event the contract between a county and any city with a population greater than five hundred thousand people owning and operating a public utility and having facilities for the generation of electricity located in a county other than that in which the city is located expires and the parties are unable to reach agreement within six months of such expiration, then the parties shall follow the arbitration procedures as provided in RCW 35.21.426. The city and/or the municipal utility shall be responsible for all arbitration costs.

Sec. 2. RCW 35.21.425 and 1965 c 7 s 35.21.425 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, whenever after March 17, 1955, any city shall construct hydroelectric generating facilities or acquire land for the purpose of constructing the same in a county other than the county in which such city is located, and by reason of such construction or acquisition shall (1) cause loss of revenue and/or place a financial burden in providing for the public peace, health, safety, welfare, and added road maintenance in such county, in addition to road construction or relocation as set forth in RCW 90.28.010 and/or (2) shall cause any loss of revenues and/or increase the financial burden of any school district affected by the construction because of an increase in the number of pupils by reason of the construction or the operation of said generating facilities, the city shall enter into an agreement with said county and/or the particular school district or districts affected for the payment of moneys to recompense such losses or to provide for such increased financial burden, upon such terms and conditions as may be mutually agreeable to the city and the county and/or school district or districts.

(2)(a) Whenever after March 17, 1955, a municipal owned utility located in a city with a population greater than five hundred thousand people constructs or operates hydroelectric generating facilities or acquires land for the purpose of constructing or operating the same in a county other than the county in which the city is located must enter into an agreement with the county affected for the annual payment of moneys to recompense such losses, as provided under RCW 35.21.425.
(b)(i) In the event the agreement between a county and the governing body of either a city with a population greater than five hundred thousand people or a municipal utility owned by a city with a population greater than five hundred thousand people, as required under this section, expires prior to the adoption of a new agreement between the parties, the city or utility must continue to make compensatory payments to the affected county pursuant to the terms of the most recent expired agreement until such time as a new agreement is entered into by the parties.
(ii) In the event an agreement entered into under subsection (1) of this section between a county and the governing body of a city with a population greater than five hundred thousand people expired prior to the effective date of this act, the city shall be indebted to the county for any resulting arrearage accruing from the time of the expiration of the agreement until such time as a new agreement is entered into by the parties.  The dollar amount of such arrearage shall be calculated retroactively by reference to the payment terms set forth in the most recent expired compensation agreement between the city and the county.

(c) In the event the agreement required between a county and the governing body of either a city with a population greater than five hundred thousand people or a municipal utility owned by a city with a population greater than five hundred thousand people expires, or has expired prior to the effective date of this act, and the parties are unable to reach agreement within six months of such expiration, then the parties shall follow the arbitration procedures as provided in RCW 35.21.426. The city and/or the municipal utility shall be responsible for all arbitration costs.

NEW SECTION.  Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

EFFECT: 1) Clarifies that a city must have a population of at least five hundred thousand before the city or its municipal utility is subject to the requirements of the act; 2) requires that the parties submit to arbitration in the event a compensation contract or agreement expires and the parties are unable to enter into a new agreement or contract within six months of such expiration; and 3) establishes that the city or its municipal utility is responsible for the payment of all arbitration costs.   

--- END ---