BILL REQ. #: Z-0477.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/25/11. Referred to Committee on Environment, Water & Energy.
AN ACT Relating to electric vehicle battery charging facilities; amending RCW 80.04.010; and adding a new section to chapter 80.28 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 80.04.010 and 1995 c 243 s 2 are each amended to read
as follows:
As used in this title, unless specifically defined otherwise or
unless the context indicates otherwise:
"Automatic location identification" means a system by which
information about a caller's location, including the seven-digit number
or ten-digit number used to place a 911 call or a different seven-digit
number or ten-digit number to which a return call can be made from the
public switched network, is forwarded to a public safety answering
point for display.
"Automatic number identification" means a system that allows for
the automatic display of the seven-digit or ten-digit number used to
place a 911 call.
"Battery charging facility" includes a "battery charging station"
and a "rapid charging station" as defined in RCW 82.08.816.
"Commission" means the utilities and transportation commission.
"Commissioner" means one of the members of such commission.
"Competitive telecommunications company" means a telecommunications
company which has been classified as such by the commission pursuant to
RCW 80.36.320.
"Competitive telecommunications service" means a service which has
been classified as such by the commission pursuant to RCW 80.36.330.
"Corporation" includes a corporation, company, association or joint
stock association.
"Person" includes an individual, a firm or partnership.
"Gas plant" includes all real estate, fixtures and personal
property, owned, leased, controlled, used or to be used for or in
connection with the transmission, distribution, sale or furnishing of
natural gas, or the manufacture, transmission, distribution, sale or
furnishing of other type gas, for light, heat or power.
"Gas company" includes every corporation, company, association,
joint stock association, partnership and person, their lessees,
trustees or receiver appointed by any court whatsoever, and every city
or town, owning, controlling, operating or managing any gas plant
within this state.
"Electric plant" includes all real estate, fixtures and personal
property operated, owned, used or to be used for or in connection with
or to facilitate the generation, transmission, distribution, sale or
furnishing of electricity for light, heat, or power for hire; and any
conduits, ducts or other devices, materials, apparatus or property for
containing, holding or carrying conductors used or to be used for the
transmission of electricity for light, heat or power.
"Electrical company" includes any corporation, company,
association, joint stock association, partnership and person, their
lessees, trustees or receivers appointed by any court whatsoever (other
than a railroad or street railroad company generating electricity
solely for railroad or street railroad purposes or for the use of its
tenants and not for sale to others), and every city or town owning,
operating or managing any electric plant for hire within this state.
"Electrical company" does not include a company or person employing a
cogeneration facility solely for the generation of electricity for its
own use or the use of its tenants or for sale to an electrical company,
state or local public agency, municipal corporation, or quasi municipal
corporation engaged in the sale or distribution of electrical energy,
but not for sale to others, unless such company or person is otherwise
an electrical company.
"LATA" means a local access transport area as defined by the
commission in conformance with applicable federal law.
"Private telecommunications system" means a telecommunications
system controlled by a person or entity for the sole and exclusive use
of such person, entity, or affiliate thereof, including the provision
of private shared telecommunications services by such person or entity.
"Private telecommunications system" does not include a system offered
for hire, sale, or resale to the general public.
"Private shared telecommunications services" includes the provision
of telecommunications and information management services and equipment
within a user group located in discrete private premises in building
complexes, campuses, or high-rise buildings, by a commercial shared
services provider or by a user association, through privately owned
customer premises equipment and associated data processing and
information management services and includes the provision of
connections to the facilities of a local exchange and to interexchange
telecommunications companies.
"Private switch automatic location identification service" means a
service that enables automatic location identification to be provided
to a public safety answering point for 911 calls originating from
station lines served by a private switch system.
"Radio communications service company" includes every corporation,
company, association, joint stock association, partnership, and person,
their lessees, trustees, or receivers appointed by any court, and every
city or town making available facilities to provide radio
communications service, radio paging, or cellular communications
service for hire, sale, or resale.
"Telecommunications company" includes every corporation, company,
association, joint stock association, partnership and person, their
lessees, trustees or receivers appointed by any court whatsoever, and
every city or town owning, operating or managing any facilities used to
provide telecommunications for hire, sale, or resale to the general
public within this state.
"Noncompetitive telecommunications service" means any service which
has not been classified as competitive by the commission.
"Facilities" means lines, conduits, ducts, poles, wires, cables,
cross-arms, receivers, transmitters, instruments, machines, appliances,
instrumentalities and all devices, real estate, easements, apparatus,
property and routes used, operated, owned or controlled by any
telecommunications company to facilitate the provision of
telecommunications service.
"Telecommunications" is the transmission of information by wire,
radio, optical cable, electromagnetic, or other similar means. As used
in this definition, "information" means knowledge or intelligence
represented by any form of writing, signs, signals, pictures, sounds,
or any other symbols.
"Water system" includes all real estate, easements, fixtures,
personal property, dams, dikes, head gates, weirs, canals, reservoirs,
flumes or other structures or appliances operated, owned, used or to be
used for or in connection with or to facilitate the supply, storage,
distribution, sale, furnishing, diversion, carriage, apportionment or
measurement of water for power, irrigation, reclamation, manufacturing,
municipal, domestic or other beneficial uses for hire.
"Water company" includes every corporation, company, association,
joint stock association, partnership and person, their lessees,
trustees or receivers appointed by any court whatsoever, and every city
or town owning, controlling, operating, or managing any water system
for hire within this state: PROVIDED, That for purposes of commission
jurisdiction it shall not include any water system serving less than
one hundred customers where the average annual gross revenue per
customer does not exceed three hundred dollars per year, which revenue
figure may be increased annually by the commission by rule adopted
pursuant to chapter 34.05 RCW to reflect the rate of inflation as
determined by the implicit price deflator of the United States
department of commerce: AND PROVIDED FURTHER, That such measurement of
customers or revenues shall include all portions of water companies
having common ownership or control, regardless of location or corporate
designation. "Control" as used herein shall be defined by the
commission by rule and shall not include management by a satellite
agency as defined in chapter 70.116 RCW if the satellite agency is not
an owner of the water company. "Water company" also includes, for
auditing purposes only, nonmunicipal water systems which are referred
to the commission pursuant to an administrative order from the
department, or the city or county as provided in RCW 80.04.110.
However, water companies exempt from commission regulation shall be
subject to the provisions of chapter 19.86 RCW. A water company cannot
be removed from regulation except with the approval of the commission.
Water companies subject to regulation may petition the commission for
removal from regulation if the number of customers falls below one
hundred or the average annual revenue per customer falls below three
hundred dollars. The commission is authorized to maintain continued
regulation if it finds that the public interest so requires.
"Cogeneration facility" means any machinery, equipment, structure,
process, or property, or any part thereof, installed or acquired for
the primary purpose of the sequential generation of electrical or
mechanical power and useful heat from the same primary energy source or
fuel.
"Public service company" includes every gas company, electrical
company, telecommunications company, and water company. Ownership or
operation of a cogeneration facility does not, by itself, make a
company or person a public service company.
"Local exchange company" means a telecommunications company
providing local exchange telecommunications service.
"Department" means the department of health.
The term "service" is used in this title in its broadest and most
inclusive sense.
NEW SECTION. Sec. 2 A new section is added to chapter 80.28 RCW
to read as follows:
The commission shall not regulate the rates, services, facilities,
and practices of an entity that offers battery charging facilities to
the public for hire; if: (1) That entity is not otherwise subject to
commission jurisdiction as an electrical company; or (2) that entity is
otherwise subject to commission jurisdiction as an electrical company,
but its battery charging facilities and services are not subsidized by
any regulated service.