BILL REQ. #:  H-4907.1 

READ FIRST TIME 02/06/04.   

     AN ACT Relating to revising boundaries of a public utility district in incorporated territory; amending RCW 54.12.010; adding new sections to chapter 54.04 RCW; and declaring an emergency.

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

Sec. 1   RCW 54.12.010 and 1994 c 223 s 56 are each amended to read as follows:
     A public utility district that is created as provided in RCW 54.08.010 shall be a municipal corporation of the state of Washington, and the name of such public utility district shall be Public Utility District No. . . . . of . . . . . . County.
     The powers of the public utility district shall be exercised through a commission consisting of three members in three commissioner districts, and five members in five commissioner districts.
     ((When)) (1) If the public utility district is county-wide and the county has three county legislative authority districts, then, at the first election of commissioners and until any change ((shall have been)) is made in the boundaries of public utility district commissioner districts, one public utility district commissioner shall be chosen from each of the three county legislative authority districts. ((When))
     (2) If the public utility district comprises only a portion of the county, with boundaries established in accordance with chapter 54.08 RCW, or ((when)) if the public utility district is county-wide and the county does not have three county legislative authority districts, three public utility district commissioner districts, numbered consecutively, each with approximately equal population and following precinct lines, as far as practicable, shall be described in the petition for the formation of the public utility district, ((which shall be)) subject to appropriate change by the county legislative authority if and when it changes the boundaries of the proposed public utility district((, and)). One commissioner shall be elected as a commissioner of each of the public utility district commissioner districts. ((Commissioner districts shall be used as follows: (1)))
     (3) Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district((; and (2))). Only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire public utility district may vote at a general election to elect a person as a commissioner of the commissioner district.
     (4) The term of office of each public utility district commissioner other than the commissioners at large shall be six years, and the term of each commissioner at large shall be four years. Each term shall be computed in accordance with RCW ((29.04.170)) 29A.20.040 following the commissioner's election. All public utility district commissioners shall hold office until their successors shall have been elected and have qualified and assume office in accordance with RCW ((29.04.170)) 29A.20.040.
     (5) A vacancy in the office of public utility district commissioner shall occur as provided in chapter 42.12 RCW or by nonattendance at meetings of the public utility district commission for a period of sixty days unless excused by the public utility district commission. Vacancies on a board of public utility district commissioners shall be filled as provided in chapter 42.12 RCW.
     (6) The boundaries of the public utility district commissioner districts may be changed only by the public utility district commission, and shall be examined every ten years to determine substantial equality of population in accordance with chapter ((29.70)) 29A.76 RCW((, but)). Except as provided in this section or section 2 of this act, the boundaries shall not be changed oftener than once in four years((, and)). Boundaries may only be changed when all members of the commission are present. Whenever territory is added to a public utility district under RCW 54.04.035, or added or withdrawn under section 2 of this act, the boundaries of the public utility commissioner districts shall be changed to include ((such)) the additional or exclude the withdrawn territory. Unless the boundaries are changed pursuant to section 2 of this act, the proposed change of the boundaries of the public utility district commissioner district must be made by resolution and after public hearing. Notice of the time of ((a)) the public hearing ((thereon)) shall be published for two weeks ((prior thereto)) before the hearing. Upon a referendum petition signed by ten percent of the qualified voters of the public utility district being filed with the county auditor, the county legislative authority shall submit ((such)) the proposed change of boundaries to the voters of the public utility district for their approval or rejection. ((Such)) The petition must be filed within ninety days after the adoption of resolution of the proposed action. The validity of the petition ((shall be)) is governed by the provisions of chapter 54.08 RCW.

NEW SECTION.  Sec. 2   A new section is added to chapter 54.04 RCW to read as follows:
     (1) Any voting precinct located within a county that has a federal nuclear reservation within its boundaries is:
     (a) Withdrawn from a public utility district if the precinct receives at least one electric distribution, water, or sewer service from a city, and no electric distribution, water, or sewer service from a public utility district;
     (b) Included in a public utility district if any portion of the precinct receives at least one electric distribution, water, or sewer service from the public utility district.
     (2) For voting precincts that meet the requirements of subsection (1) of this section, within ten days after the effective date of this act, and for voting precincts that later meet the requirements of subsection (1) of this section, within thirty days of meeting the requirements:
     (a) The city that provides any electric distribution, water, or sewer service to a precinct that is withdrawn from a public utility district under subsection (1) of this section shall submit to the public utility district and the county auditor a list of street addresses, or map of the areas to which any service is provided;
     (b) The public utility district that provides any electric distribution, water, or sewer service to a precinct that is included in the public utility district under subsection (1) of this section shall submit to the city or town and the county auditor a list of street addresses, or map of the areas to which any service is provided.
     (3) Within ten days of receipt of the information required under subsection (2) of this section, the auditor shall determine which voting precincts are required to be withdrawn from or included in the public utility district, and provide that information to the public utility district commissioners who shall, within ten days, revise the boundaries of the district in conformance with RCW 54.12.010 without dividing any voting precinct.
     (4) Unless otherwise provided in an agreement between the public utility district and the city or town, taxes or assessments levied or assessed against property located in an area withdrawn from a public utility district shall remain a lien and be collected as by law (a) if the taxes or assessments were levied or assessed before the withdrawal or (b) if the levies or assessments were made to pay or secure an obligation of the district duly incurred or issued before the withdrawal. The withdrawal of an area from the boundaries of a district does not exempt any property therein from taxation or assessment for the purpose of paying the costs of retiring or redeeming any obligation of the district duly incurred or issued before the withdrawal.
     (5) Except as set forth in subsection (4) of this section, a public utility district may not levy or impose any taxes upon property located within those voting precincts withdrawn from the public utility district.
     (6) Nothing in this act limits the authority of public utility districts and cities or towns to enter into service agreements that are otherwise permitted by law.

NEW SECTION.  Sec. 3   A new section is added to chapter 54.04 RCW to read as follows:
     (1) On July 1, 2009, a city located in a county that has a federal nuclear reservation within its boundaries shall provide electric distribution, water, and sewer service to those households within the city limits that, on July 1, 2004, receive at least one of those services from a public utility district.
     (2) A city and a public utility district covered under subsection (1) of this section shall reach an agreement under which the public utility shall be paid a reasonable amount for costs associated with the public utility's installation or modification of the facilities necessary to provide services to households within the city limits, as required under this section. If the city and the public utility district are unable to agree on the terms of the agreement by July 1, 2008, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter 7.04 RCW. The city and the public utility district shall have the same rights and duties as other parties who have agreed to submit to arbitration under chapter 7.04 RCW.

NEW SECTION.  Sec. 4   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.