H-1723              _______________________________________________

                                                   HOUSE BILL NO. 1012

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State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Hargrove and Fisch

Read first time 2/19/87 and referred to Committee on Local Government.

AN ACT Relating to the annexation of areas currently served by a public utility district; and amending RCW 54.04.035.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 1, chapter 101, Laws of 1983 and RCW 54.04.035 are each amended to read as follows:

          In addition to other powers authorized in Title 54 RCW, public utility districts may annex territory as provided in this section.

          The boundaries of a public utility district may be enlarged and new contiguous territory added pursuant to the procedures for annexation by cities and towns provided in RCW 35.13.015 through ((35.13.160)) 35.13.110.  The provisions of these sections concerning community municipal corporations, review boards, and comprehensive plans, however, do not apply to public utility district annexations.  For purposes of conforming with such procedures, the public utility district is deemed to be the city or town and the board of commissioners is deemed to be the city or town legislative body.

          Annexation procedures provided in this section may only be used to annex territory((, not located in another public utility district,)) that is both:  (1) Contiguous to the annexing public utility district; and (2) located within the service area of the annexing public utility district.  As used in this section, a public utility district's "service area" means those areas whether located within or outside of the annexing public utility district's boundaries that ((are)) were generally served with electrical energy by the annexing public utility district on January 1, 1987.  Such service area may, or may not, ((be)) have been recognized in an agreement made under chapter 54.48 RCW, but no area may be included in such service area ((shall not be provided)) that was generally served with electrical energy on January 1, 1987, by another public utility as defined in RCW 54.48.010.  An area proposed to be annexed may be located in the same or a different county as the annexing public utility district.

If an area proposed to be annexed is located within the boundaries of another public utility district, annexation may be initiated only upon petition of registered voters residing in the area in accordance with RCW 35.13.020 and adoption by the boards of commissioners of both districts of identical resolutions stating (1) the boundaries of the area to be annexed, (2) a determination that annexation is in the public interest of the residents of the area to be annexed as well as the public interest of their respective districts, (3) approval of the annexation by the board, (4) the boundaries of the districts after annexation, (5) the disposition of any assets of the districts in the area to be annexed, and (6) the obligations to be assumed by the annexing district.  If annexation is approved, the area annexed shall cease to be a part of the one public utility district at the same time that it becomes a part of the other district.