ESHB 2925 -
By Senators McDermott, Morton
ADOPTED 03/05/2010
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 therefor as specified in RCW
35.21.425.
(b)(i) In the event a contract entered into under this section
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
calculated based on the payment terms set forth in the most recent
expired compensation contract between the city and the county until
such time as a new contract is entered into by the parties.
(ii) In the event a contract entered into under 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 a contract entered into under this section between
a county and the governing body of a city with a population greater
than five hundred thousand people expires, or has expired prior to the
effective date of this section and the county and the city are unable
to reach agreement on a new contract within six months of such
expiration, then either the county or the city may initiate the
arbitration procedures set forth in RCW 35.21.426 by serving a written
notice of intent to arbitrate on the other. Arbitration must commence
within sixty days of service of such notice, and must follow the
arbitration procedures as provided in RCW 35.21.426. The city is
responsible for the costs of arbitration, including compensation for
the arbitrators' services, except that the city and the county shall
bear their own costs for attorneys' fees and their own costs of
litigation.
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 subsection (1) of
this section.
(b)(i) In the event an agreement entered into under this section
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 prior to the adoption of a new agreement
between the parties, the city or utility must continue to make
compensatory payments calculated based on the payment terms set forth
in the most recent expired compensation contract between the city and
the county until such time as a new agreement is entered into by the
parties.
(ii) In the event an agreement entered into under this section
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 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 an agreement entered into under this section
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 section, and the county and the city are unable to reach agreement
on a new agreement within six months of such expiration, then either
the county or the city may initiate the arbitration procedures set
forth in RCW 35.21.426 by serving a written notice of intent to
arbitrate on the other. Arbitration must commence within sixty days of
service of such notice, and must follow the arbitration procedures as
provided in RCW 35.21.426. The city is responsible for the costs of
arbitration, including compensation for the arbitrators' services, and
the city and the county shall bear their own costs for attorneys' fees
and their own costs of litigation.
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."
ESHB 2925 -
By Senators McDermott, Morton
ADOPTED 03/05/2010
On page 1, line 2 of the title, after "facility;" strike the remainder of the title and insert "amending RCW 35.21.420 and 35.21.425; and declaring an emergency."
EFFECT: Changes the requirement that the city must continue to
make compensatory payments to the affected county to be that the city
must continue to make compensatory payments calculated based on the
payment terms set forth in the most recent expired compensation
contract between the city and the county until such time as a new
contract is entered into by the parties.
Clarifies that either the county or the city may initiate
arbitration by serving written notice of the intent to arbitrate.
Clarifies that arbitration must commence within 60 days of service of
the notice. Clarifies that the city will cover the cost of
arbitration, except that the city and the county are responsible for
their own attorneys' fees and their own costs of litigation.