H-548                _______________________________________________

                                                    HOUSE BILL NO. 528

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Armstrong, Nelson, Todd and Jacobsen

Read first time 1/30/87 and referred to Committee on Judiciary.  Referred to Committee on Energy & Utilities 2/20/87.

AN ACT Relating to the office of public counsel; adding new sections to chapter 43.10 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     The legislature finds that consumers of services of companies regulated by the utilities and transportation commission under Titles 80 and 81 RCW need effective advocates to represent the state-wide public interest in matters before state and federal legislative, administrative, and judicial bodies and further finds that a convenient manner of funding these activities is desirable in order to facilitate that representation so that the state-wide public interest is considered in all policies adopted by the commission.

NEW SECTION. Sec. 2.     Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 1 through 5 of this act.

          (1) "Advocate" means vigorous representation of consumer interests and includes the authority to petition for rule-making, negotiate, represent in administrative hearings, and litigate on behalf of consumers.

          (2) "Consumer" means those persons who use the services of companies regulated by the utilities and transportation commission under Titles 80 and 81 RCW, including electric, water, gas, telecommunications, refuse hauling, and common carrier services, who are not otherwise represented in proceedings before the commission as determined by the office of public counsel.

          (3) "Office" means the office of public counsel as established by this chapter.

NEW SECTION. Sec. 3.     There is established an office of public counsel which shall have the following duties and responsibilities:

          (1) To advocate consumer interests before state and federal legislative, administrative, and judicial bodies as determined to be appropriate by the office;

          (2) To report to the legislature by January 1st of each year on the activities and expenditure of the office; and

          (3) To undertake all actions necessary and consistent with law to effectuate the purposes of this chapter.

NEW SECTION. Sec. 4.     (1) An advisory board of directors is established to assist the office in carrying out its duties and responsibilities.  The board shall consist of nine members who shall be appointed by the governor within ninety days of the effective date of this section.  Members shall serve for two-year terms.  In making the appointments, the governor shall consider the nature of consumer interests and geographic distribution of consumers and shall appoint at least one member to represent low-income utility ratepayers, one member to represent residential electric ratepayers, one member to represent residential telecommunications users, and one member to represent residential garbage customers.

          (2) The advisory board of directors shall meet at least every other month to oversee the activities of the office and recommend changes in activities if desirable.

          (3) Each board member shall be reimbursed for expenses and shall be paid two hundred dollars per day for board activities.  All expenses of the board shall be paid by the public service revolving fund established by RCW 80.01.080.

NEW SECTION. Sec. 5.     The expenses of the office of public counsel shall be considered expenses of operation of the Washington utilities and transportation commission and shall be paid from the public service revolving fund established by RCW 80.01.080.

NEW SECTION. Sec. 6.     Sections 1 through 5 of this act are each added to chapter 43.10 RCW.

NEW SECTION. Sec. 7.     Sections 1 through 5 of this act shall be liberally construed to effectuate their purposes.  These sections shall not modify duties of the attorney general with regard to the Washington utilities and transportation commission.

NEW SECTION. Sec. 8.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.