S-1558               _______________________________________________

                                                   SENATE BILL NO. 5909

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Stratton and Saling

Read first time 2/16/89 and referred to Committee on  Energy & Utilities.

AN ACT Relating to public utility districts; amending RCW 54.16.030 and 54.16.040; and adding a new section to chapter 80.04 RCW.

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

        Sec. 1.  Section 4, chapter 390, Laws of 1955 and RCW 54.16.030 are each amended to read as follows:

          A district may construct, purchase, condemn and purchase, acquire, add to, maintain, conduct, and operate water works and irrigation plants and systems, within or without its limits, for the purpose of furnishing the district, and the inhabitants thereof, and any other persons including public and private corporations within or without its limits, with an ample supply of water for all purposes, public and private, including water power, domestic use, and irrigation, with ((full and exclusive)) authority to sell and regulate and control the use, distribution, and price thereof subject to the jurisdiction and control of the utilities and transportation commission.

        Sec. 2.  Section 5, chapter 390, Laws of 1955 and RCW 54.16.040 are each amended to read as follows:

          A district may purchase, within or without its limits, electric current for sale and distribution within or without its limits, and construct, condemn and purchase, purchase, acquire, add to, maintain, conduct, and operate works, plants, transmission and distribution lines and facilities for generating electric current, operated either by water power, steam, or other methods, within or without its limits, for the purpose of furnishing the district, and the inhabitants thereof and any other persons, including public and private corporations, within or without its limits, with electric current for all uses, with ((full and exclusive)) authority to sell and regulate and control the use, distribution, rates, service, charges, and price thereof, ((free from)) subject to the jurisdiction and control of the utilities and transportation commission, in all things, together with the right to purchase, handle, sell, or lease motors, lamps, transformers and all other kinds of equipment and accessories necessary and convenient for the use, distribution, and sale thereof:  PROVIDED, That the commission shall not supply water to a privately owned utility for the production of electric energy, but may supply, directly or indirectly, to an instrumentality of the United States government or any publicly or privately owned public utilities which sell electric energy or water to the public, any amount of electric energy or water under its control, and contracts therefor shall extend over such period of years and contain such terms and conditions for the sale thereof as the commission of the district shall elect; such contract shall only be made pursuant to a resolution of the commission authorizing such contract, which resolution shall be introduced at a meeting of the commission at least ten days prior to the date of the adoption of the resolution:  PROVIDED FURTHER, That it shall first make adequate provision for the needs of the district, both actual and prospective.

NEW SECTION. Sec. 3.  A new section is added to chapter 80.04 RCW to read as follows:

          "Public service company" as used in this title includes public utility districts.