ESB 6261 -
By Committee on Local Government & Housing
ADOPTED AS AMENDED 03/04/2010
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 35.21.217 and 1998 c 285 s 1 are each amended to read
as follows:
(1) Prior to furnishing utility services, a city or town may
require a deposit to guarantee payment for services. However, failure
to require a deposit does not affect the validity of any lien
authorized by RCW 35.21.290 or 35.67.200. A city or town may determine
how to apply partial payments on past due accounts.
(2) A city or town may provide a real property owner or the owner's
designee with duplicates of tenant utility service bills, or may notify
an owner or the owner's designee that a tenant's utility account is
delinquent. However, if an owner or the owner's designee notifies the
city or town in writing that a property served by the city or town is
a rental property, asks to be notified of a tenant's delinquency, and
has provided, in writing, a complete and accurate mailing address, the
city or town shall notify the owner or the owner's designee of a
tenant's delinquency at the same time and in the same manner the city
or town notifies the tenant of the tenant's delinquency or by mail, and
the city or town is prohibited from collecting from the owner or the
owner's designee any charges for electric light or power services more
than four months past due. When a city or town provides a real
property owner or the owner's designee with duplicates of tenant
utility service bills or notice that a tenant's utility account is
delinquent, the city or town shall notify the tenant that it is
providing the duplicate bills or delinquency notice to the owner or the
owner's designee.
(3) After ((January 1, 1999)) August 1, 2010, if a city or town
fails to notify the owner of a tenant's delinquency after receiving a
written request to do so and after receiving the other information
required by this subsection, the city or town shall have no lien
against the premises for the tenant's delinquent and unpaid charges and
is prohibited from collecting the tenant's delinquent and unpaid
charges for electric light or power services from the owner or the
owner's designee.
(4) When a utility account is in a tenant's name, the owner or the
owner's designee shall notify the city or town in writing within
fourteen days of the termination of the rental agreement and vacation
of the premises. If the owner or the owner's designee fails to provide
this notice, a city or town providing electric light or power services
is not limited to collecting only up to four months of a tenant's
delinquent charges from the owner or the owner's designee, provided
that the city or town has complied with the notification requirements
of subsection (3) of this section.
(5)(a) When service is provided through a master meter, when the
address of the real property owner is different from the address of the
property served, or when the city or town has been previously notified
that a tenant resides at the property served, the city or town shall
provide notice of pending disconnection to the service address at least
ten calendar days prior to disconnection, so that any tenant has an
opportunity to resolve the delinquency or dispute with his or her
landlord or to arrange for continued service by opening his or her own
utility service account. If requested, a city or town shall provide
utility service to a tenant on the same terms and conditions as other
utility customers, without requiring that he or she pay delinquent
amounts for services owed by the property owner or a previous tenant.
(b) This subsection does not affect the validity of any lien
authorized by RCW 35.21.290 or 35.67.200. Furthermore, a city or town
who allows a tenant to open his or her own utility service account in
these circumstances shall retain the right to collect any delinquent
amounts due for service previously provided from the property owner,
previous tenant, or both.
Sec. 2 RCW 35.21.290 and 1965 c 7 s 35.21.290 are each amended to
read as follows:
Except as provided in RCW 35.21.217(4), cities and towns owning
their own waterworks, or electric light or power plants shall have a
lien against the premises to which water, electric light, or power
services were furnished for four months charges therefor due or to
become due, but not for any charges more than four months past due((:
PROVIDED, That the owner of the premises or the owner of a delinquent
mortgage thereon may give written notice to the superintendent or other
head of such works or plant to cut off service to such premises
accompanied by payment or tender of payment of the then delinquent and
unpaid charges for such service against the premises together with the
cut-off charge, whereupon the city or town shall have no lien against
the premises for charges for such service thereafter furnished, nor
shall the owner of the premises or the owner of a delinquent mortgage
thereon be held for the payment thereof))."
Correct the title.
EFFECT: (1) Requires that a municipality provide notice of
pending disconnection to the service address at least ten calendar days
prior to disconnection when: (a) The service is provided through a
master meter; (b) the address of the property owner is different from
the address of the property served; or (c) when the municipality has
been previously notified that a tenant resides at the property served.
(2) Specifies that, if requested, a city or town must provide
utility service to a tenant on the same terms and conditions as other
utility customers, without requiring that he or she pay delinquent
amounts for services owed by the real property owner or a previous
tenant.
(3) Specifies that these provisions do not affect the validity of
any lien.
(4) Specifies that a municipality retains the right to collect any
delinquent amounts due for service previously provided from the real
property owner, previous tenant, or both.