AN
ACT Relating to local government utility authority; amending RCW 35.92.010 and
35.92.050; and creating a new section.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
purpose of this act is to affirm the authority of cities and towns to operate
fire hydrants and streetlights as part of their rate-based water and electric
utilities, respectively. The legislature finds that it has been the practice
of most, if not all, cities and towns, as well as water and sewer districts, to
include the operation of fire hydrants for fire and maintenance purposes and to
incorporate the cost of this operation as a normal part of the utility's
services and general rate structure. The legislature further finds and
declares that it has been the intent of the legislature that cities and towns,
just as water and sewer districts, have the right to operate and maintain
streetlights in the same manner as fire hydrants, that is, as a normal part of
the electric utility and a normal part of that utility's general rate
structure. The legislature therefore affirms that authority.
Sec.
2. RCW
35.92.010 and 1991 c 347 s 18 are each amended to read as follows:
A
city or town may construct, condemn and purchase, purchase, acquire, add to,
alter, maintain and operate waterworks, including fire hydrants as an
integral utility service incorporated within general rates, within or
without its limits, for the purpose of furnishing the city and its inhabitants,
and any other persons, with an ample supply of water for all purposes, public
and private, including water power and other power derived therefrom, with full
power to regulate and control the use, distribution, and price thereof:
PROVIDED, That the rates charged must be uniform for the same class of
customers or service. Such waterworks may include facilities for the
generation of electricity as a byproduct and such electricity may be used by
the city or town or sold to an entity authorized by law to distribute
electricity. Such electricity is a byproduct when the electrical generation is
subordinate to the primary purpose of water supply.
In
classifying customers served or service furnished, the city or town governing
body may in its discretion consider any or all of the following factors: The
difference in cost of service to the various customers; location of the various
customers within and without the city or town; the difference in cost of
maintenance, operation, repair, and replacement of the various parts of the
system; the different character of the service furnished various customers; the
quantity and quality of the water furnished; the time of its use; the
achievement of water conservation goals and the discouragement of wasteful
water use practices; capital contributions made to the system including, but
not limited to, assessments; and any other matters which present a reasonable
difference as a ground for distinction. No rate shall be charged that is less
than the cost of the water and service to the class of customers served.
For
such purposes any city or town may take, condemn and purchase, purchase,
acquire, and retain water from any public or navigable lake or watercourse,
surface or ground, and, by means of aqueducts or pipe lines, conduct it to the
city or town; and it may erect and build dams or other works across or at the
outlet of any lake or watercourse in this state for the purpose of storing and
retaining water therein up to and above high water mark; and for all the
purposes of erecting such aqueducts, pipe lines, dams, or waterworks or other
necessary structures in storing and retaining water, or for any of the purposes
provided for by this chapter, the city or town may occupy and use the beds and
shores up to the high water mark of any such watercourse or lake, and acquire
the right by purchase, or by condemnation and purchase, or otherwise, to any
water, water rights, easements or privileges named in this chapter, or
necessary for any of said purposes, and the city or town may acquire by
purchase or condemnation and purchase any properties or privileges necessary to
be had to protect its water supply from pollution. Should private property be
necessary for any such purposes or for storing water above high water mark, the
city or town may condemn and purchase, or purchase and acquire such private
property. For the purposes of waterworks which include facilities for the
generation of electricity as a byproduct, nothing in this section may be
construed to authorize a city or town that does not own or operate an electric
utility system to condemn electric generating, transmission, or distribution
rights or facilities of entities authorized by law to distribute electricity,
or to acquire such rights or facilities without the consent of the owner.
Sec.
3. RCW
35.92.050 and 1985 c 445 s 9 are each amended to read as follows:
A
city or town may also construct, condemn and purchase, purchase, acquire, add
to, alter, maintain and operate works, plants, facilities for the purpose of
furnishing the city or town and its inhabitants, and any other persons, with
gas, electricity, and other means of power and facilities for lighting, including
streetlights as an integral utility service incorporated within general rates,
heating, fuel, and power purposes, public and private, with full authority to
regulate and control the use, distribution, and price thereof, together with
the right to handle and sell or lease, any meters, lamps, motors, transformers,
and equipment or accessories of any kind, necessary and convenient for the use,
distribution, and sale thereof; authorize the construction of such plant or
plants by others for the same purpose, and purchase gas, electricity, or power
from either within or without the city or town for its own use and for the
purpose of selling to its inhabitants and to other persons doing business
within the city or town and regulate and control the use and price thereof.
NEW
SECTION. Sec. 4. 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.
