H-0958.1  _______________________________________________

                          HOUSE BILL 2102

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Mielke, Koster, Boldt, Cairnes, Schindler, Benson and Dunn

Read first time 02/15/1999.  Referred to Committee on Local Government.

Regulating franchise fees imposed upon solid waste businesses and services.

    AN ACT Relating to franchise fees imposed upon solid waste businesses and services; amending RCW 35.21.860; and adding a new section to chapter 36.58 RCW.

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

    Sec. 1.  RCW 35.21.860 and 1983 2nd ex.s. c 3 s 39 are each amended to read as follows:

    (1) No city or town may impose a franchise fee or any other fee or charge of whatever nature or description upon the light and power, or gas distribution businesses, as defined in RCW 82.16.010, or telephone business, as defined in RCW 82.04.065, except that (a) a tax authorized by RCW 35.21.865 may be imposed and (b) a fee may be charged to such businesses that recovers actual administrative expenses incurred by a city or town that are directly related to receiving and approving a permit, license, and franchise, to inspecting plans and construction, or to the preparation of a detailed statement pursuant to chapter 43.21C RCW.

    (2) Subsection (1) of this section does not prohibit franchise fees imposed on an electrical energy, natural gas, or telephone business, by contract existing on April 20, 1982, with a city or town, for the duration of the contract, but the franchise fees shall be considered taxes for the purposes of the limitations established in RCW 35.21.865 and 35.21.870 to the extent the fees exceed the costs allowable under subsection (1) of this section.

(3) Any franchise fee imposed upon solid waste collection or transportation businesses or services shall be limited to the amount necessary to recover actual administrative expenses incurred by a city or town that are directly related to receiving and approving a permit, contract, license, and franchise to a solid waste collection or transportation business or service, to inspecting plans and construction, or to the preparation of a detailed statement pursuant to chapter 43.21C RCW.

NEW SECTION. Sec. 2.  A new section is added to chapter 36.58 RCW to read as follows:

    Any franchise fee imposed upon solid waste collection or transportation businesses or services shall be limited to the amount necessary to recover actual administrative expenses incurred by a county that are directly related to receiving and approving a permit, contract, license, and franchise to a solid waste collection or transportation business or service, to inspecting plans and construction, or to the preparation of a detailed statement pursuant to chapter 43.21C RCW.

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