BILL REQ. #:  H-2070.3 

READ FIRST TIME 03/05/03.   

     AN ACT Relating to joint operating agencies; adding a new section to chapter 43.52 RCW; adding a new section to chapter 54.16 RCW; adding a new section to chapter 35.92 RCW; adding a new section to chapter 35.22 RCW; adding a new section to chapter 35.23 RCW; adding a new section to chapter 35.27 RCW; and adding a new section to chapter 35A.80 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 43.52 RCW to read as follows:
     A city or district may contract to purchase from an operating agency electric power and energy required for its present or future requirements. Except for natural gas fueled thermal electric generating projects, the contract may include the purchase of the capability of one or more specified projects to produce electricity in addition to the actual output of the projects. The contract may provide that the city or district must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the operating agency or a city or district under the contract or other instrument.

NEW SECTION.  Sec. 2   A new section is added to chapter 54.16 RCW to read as follows:
     A district may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. Except for natural gas fueled thermal electric generating projects, the contract may include the purchase of the capability of one or more specified projects to produce electricity in addition to the actual output of the projects. The contract may provide that the district must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or district under the contract or other instrument.

NEW SECTION.  Sec. 3   A new section is added to chapter 35.92 RCW to read as follows:
     A city or town may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. Except for natural gas fueled thermal electric generating projects, the contract may include the purchase of the capability of one or more specified projects to produce electricity in addition to the actual output of the projects. The contract may provide that the city or town must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument.

NEW SECTION.  Sec. 4   A new section is added to chapter 35.22 RCW to read as follows:
     A city of the first class may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. Except for natural gas fueled thermal electric generating projects, the contract may include the purchase of the capability of one or more specified projects to produce electricity in addition to the actual output of the projects. The contract may provide that the city must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument.

NEW SECTION.  Sec. 5   A new section is added to chapter 35.23 RCW to read as follows:
     A city of the second class may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. Except for natural gas fueled thermal electric generating projects, the contract may include the purchase of the capability of one or more specified projects to produce electricity in addition to the actual output of the projects. The contract may provide that the city must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument.

NEW SECTION.  Sec. 6   A new section is added to chapter 35.27 RCW to read as follows:
     A town may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. Except for natural gas fueled thermal electric generating projects, the contract may include the purchase of the capability of one or more specified projects to produce electricity in addition to the actual output of the projects. The contract may provide that the town must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument.

NEW SECTION.  Sec. 7   A new section is added to chapter 35A.80 RCW to read as follows:
     A code city may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. Except for natural gas fueled thermal electric generating projects, the contract may include the purchase of the capability of one or more specified projects to produce electricity in addition to the actual output of the projects. The contract may provide that the code city must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument.