SSB 6656 -
By Senator Rockefeller
PULLED 02/15/2010
On page 3, beginning on line 13, after "(2)(a)" strike all material through "35.92.070, a" on line 14 and insert "A"
Beginning on page 7, line 36, strike all of section 6 and insert the following:
"Sec. 6 RCW 35.92.070 and 1987 c 145 s 1 are each amended to read
as follows:
When the governing body of a city or town deems it advisable that
the city or town purchase, acquire, or construct any such public
utility, or make any additions and betterments thereto or extensions
thereof, it shall provide therefor by ordinance, which shall specify
and adopt the system or plan proposed, and declare the estimated cost
thereof, as near as may be, and the ordinance shall be submitted for
ratification or rejection by majority vote of the voters of the city or
town at a general or special election.
(1) No submission shall be necessary:
(a) When the work proposed is an addition to, or betterment of,
extension of, or an increased water supply for existing waterworks, or
an addition, betterment, or extension of an existing system or plant of
any other public utility;
(b) When in the charter of a city a provision has been adopted
authorizing the corporate authorities thereof to provide by ordinance
for acquiring, opening, or operating any of such public utilities;
((or))
(c) When in the judgment of the corporate authority, the public
health is being endangered by the discharge of raw or untreated sewage
into any body of water and the danger to the public health may be
abated by the construction and maintenance of a sewage disposal plant;
or
(d) When the governing body of a city or town deems it advisable to
form an energy conservation services utility under chapter 35.-- RCW
(the new chapter created in section 7 of this act).
(2) Notwithstanding subsection (1) of this section, submission to
the voters shall be necessary if:
(a) The project or work may produce electricity for sale in excess
of present or future needs of the water system;
(b) The city or town does not own or operate an electric utility
system;
(c) The work involves an ownership greater than twenty-five percent
in a new water supply project combined with an electric generation
facility; and
(d) The combined facility has an installed capacity in excess of
five megawatts.
(3) Notwithstanding subsection (1) of this section, submission to
the voters shall be necessary to make extensions to a public utility
which would expand the previous service capacity by fifty percent or
more, where such increased service capacity is financed by the issuance
of general obligation bonds.
(4) Thirty days' notice of the election shall be given in the
official newspaper of the city or town, by publication at least once
each week in the paper during such time.
(5) When a proposition has been adopted, or in the cases where no
submission is necessary, the corporate authorities of the city or town
may proceed forthwith to purchase, construct, and acquire the public
utility or make additions, betterments, and extensions thereto and to
make payment therefor."
EFFECT: Removes the public vote requirement for establishing a municipal conservation services utility.