BILL REQ. #:  S-0329.3 

Read first time 02/15/2007.   Referred to Committee on Transportation.

     AN ACT Relating to transportation regulation; amending RCW 7.60.005, 7.60.025, 8.24.040, 9.26A.110, 9.73.070, 10.93.020, 15.65.610, 15.66.270, 18.27.090, 19.02.050, 19.28.311, 19.29A.010, 19.86.170, 19.122.020, 19.122.027, 19.122.035, 19.122.055, 19.138.021, 19.158.020, 19.158.110, 19.182.110, 19.250.010, 19.280.020, 23.86.400, 23B.01.590, 24.06.600, 28A.160.010, 28A.160.100, 28A.160.120, 28A.335.320, 34.05.380, 34.12.020, 35.02.160, 35.13.280, 35.21.455, 35.58.240, 35.58.250, 35.84.060, 35.92.052, 35.97.040, 35A.14.900, 35A.21.125, 35A.81.010, 36.57.040, 36.57A.090, 36.57A.100, 36.58.040, 36.58.045, 36.58.050, 36.58A.030, 36.58A.040, 36.86.100, 38.52.520, 38.52.530, 39.34.085, 39.35C.030, 41.26.030, 41.26.030, 42.17.2401, 42.17.241, 42.56.330, 43.20A.725, 43.21F.055, 43.21F.060, 43.21G.080, 43.44.130, 43.52.450, 43.59.010, 43.59.040, 46.04.480, 46.16.125, 46.25.170, 46.30.020, 46.32.010, 46.32.080, 46.32.090, 46.32.100, 46.48.175, 46.52.060, 46.61.350, 46.61.410, 46.72.010, 46.72.040, 46.72.050, 46.72.060, 46.73.010, 46.73.020, 46.76.010, 46.76.067, 47.06.050, 47.06A.020, 47.06A.040, 47.12.066, 47.32.140, 47.36.050, 47.36.070, 47.76.230, 47.76.240, 47.79.020, 48.22.110, 53.08.005, 54.04.045, 54.04.100, 54.16.005, 54.16.040, 54.44.020, 54.48.030, 54.48.040, 64.04.200, 69.04.960, 69.04.980, 70.74.010, 70.74.191, 70.94.610, 70.95.030, 70.95.090, 70.95.235, 70.95.320, 70.95.400, 70.95J.020, 70.95K.010, 70.95K.030, 70.95K.040, 70.95N.030, 70.116.134, 79.36.380, 79.36.400, 79.36.410, 79.36.600, 79.36.630, 79.36.640, 79.110.040, 79.110.050, 80.01.010, 80.01.040, 80.01.080, 80.01.300, 80.04.010, 80.08.010, 80.12.010, 80.16.010, 80.24.060, 80.28.075, 80.28.190, 80.28.210, 80.28.220, 80.28.240, 80.28.250, 80.36.390, 80.36.400, 80.36.430, 80.36.500, 80.36.520, 80.36.540, 80.36.555, 80.36.560, 80.36.620, 80.40.010, 80.40.040, 80.40.050, 80.50.030, 80.54.070, 80.60.010, 81.04.010, 81.04.080, 81.04.160, 81.08.010, 81.12.010, 81.20.010, 81.20.020, 81.24.010, 81.24.050, 81.24.070, 81.24.080, 81.28.010, 81.44.010, 81.44.020, 81.44.040, 81.44.032, 81.44.065, 81.44.070, 81.48.015, 81.53.010, 81.53.020, 81.53.050, 51.53.070, 81.53.080, 81.53.110, 81.53.120, 81.53.130, 81.53.140, 81.53.150, 81.53.160, 81.53.170, 81.53.180, 81.53.190, 81.53.200, 81.53.210, 81.53.220, 81.53.240, 81.53.250, 81.53.261, 81.53.271, 81.53.275, 81.53.281, 81.53.291, 81.53.420, 81.61.020, 81.61.030, 81.61.040, 81.77.010, 81.77.040, 81.104.120, 81.112.090, 82.08.0255, 82.12.0256, 82.14B.030, 82.16.010, 82.16.055, 82.26.105, 82.36.285, 82.38.080, 84.12.230, 87.03.015, 87.03.115, 87.03.137, 87.03.828, 87.03.840, and 88.16.190; reenacting and amending RCW 39.29.040, 39.35C.080, 46.16.160, 46.44.105, 46.61.687, 46.74.010, 47.60.120, and 82.14B.030; adding a new section to chapter 46.16 RCW; adding a new section to chapter 81.04 RCW; adding a new section to chapter 81.28 RCW; adding a new section to chapter 81.44 RCW; adding a new section to chapter 81.53 RCW; adding a new chapter to Title 46 RCW; adding new chapters to Title 80 RCW; adding a new chapter to Title 81 RCW; recodifying RCW 46.32.080, 46.32.100, 81.77.010, 81.77.015, 81.77.020, 81.77.0201, 81.77.030, 81.77.040, 81.77.050, 81.77.060, 81.77.070, 81.77.080, 81.77.090, 81.77.100, 81.77.110, 81.77.120, 81.77.130, 81.77.140, 81.77.160, 81.77.170, 81.77.180, 81.77.185, 81.77.190, 81.88.005, 81.88.010, 81.88.020, 81.88.030, 81.88.040, 81.88.050, 81.88.060, 81.88.070, 81.88.080, 81.88.090, 81.88.100, 81.88.110, 81.88.140, 81.88.150, 81.88.900, 81.88.901, 81.88.902, 81.108.010, 81.108.020, 81.108.030, 81.108.040, 81.108.050, 81.108.060, 81.108.070, 81.108.080, 81.108.090, 81.108.100, 81.108.110, 81.108.900, and 81.108.901; repealing RCW 19.27A.035, 36.54.180, 49.17.350, 70.95.900, 81.01.010, 81.24.020, 81.24.030, 81.24.090, 81.40.010, 81.40.095, 81.44.096, 81.44.098, 81.44.099, 81.66.010, 81.66.020, 81.66.030, 81.66.040, 81.66.050, 81.66.060, 81.68.010, 81.68.015, 81.68.020, 81.68.030, 81.68.040, 81.68.046, 81.68.050, 81.68.060, 81.68.065, 81.68.070, 81.68.080, 81.68.090, 81.70.010, 81.70.020, 81.70.030, 81.70.220, 81.70.230, 81.70.240, 81.70.250, 81.70.260, 81.70.270, 81.70.280, 81.70.290, 81.70.300, 81.70.310, 81.70.320, 81.70.330, 81.70.340, 81.70.350, 81.70.360, 81.80.010, 81.80.020, 81.80.030, 81.80.040, 81.80.045, 81.80.050, 81.80.060, 81.80.070, 81.80.080, 81.80.090, 81.80.100, 81.80.110, 81.80.115, 81.80.120, 81.80.130, 81.80.132, 81.80.140, 81.80.150, 81.80.170, 81.80.175, 81.80.190, 81.80.195, 81.80.200, 81.80.211, 81.80.220, 81.80.230, 81.80.240, 81.80.250, 81.80.260, 81.80.270, 81.80.272, 81.80.280, 81.80.290, 81.80.301, 81.80.305, 81.80.312, 81.80.318, 81.80.321, 81.80.330, 81.80.340, 81.80.345, 81.80.346, 81.80.355, 81.80.357, 81.80.360, 81.80.370, 81.80.371, 81.80.375, 81.80.380, 81.80.381, 81.80.391, 81.80.395, 81.80.400, 81.80.410, 81.80.420, 81.80.430, 81.80.440, 81.80.450, 81.80.460, 81.84.010, 81.84.020, 81.84.025, 81.84.030, 81.84.040, 81.84.050, 81.84.060, and 81.84.070; prescribing penalties; providing an effective date; providing a contingent effective date; providing an expiration date; and providing a contingent expiration date.

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

Sec. 1   RCW 7.60.005 and 2004 c 165 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context requires otherwise.
     (1) "Court" means the superior court of this state in which the receivership is pending.
     (2) "Entity" means a person other than a natural person.
     (3) "Estate" means the entirety of the property with respect to which a receiver's appointment applies, but does not include trust fund taxes or property of an individual person exempt from execution under the laws of this state. Estate property includes any nonexempt interest in property that is partially exempt, including fee title to property subject to a homestead exemption under chapter 6.13 RCW.
     (4) "Executory contract" means a contract where the obligation of both the person over whose property the receiver is appointed and the other party to the contract are so far unperformed that the failure of either party to the contract to complete performance would constitute a material breach of the contract, thereby excusing the other party's performance of the contract.
     (5) "Insolvent" or "insolvency" means a financial condition of a person such that the sum of the person's debts and other obligations is greater than all of that person's property, at a fair valuation, exclusive of (a) property transferred, concealed, or removed with intent to hinder, delay, or defraud any creditors of the person, and (b) any property exempt from execution under any statutes of this state.
     (6) "Lien" means a charge against or interest in property to secure payment of a debt or the performance of an obligation.
     (7) "Notice and a hearing" or any similar phrase means notice and opportunity for a hearing.
     (8) "Person" means an individual, corporation, limited liability company, general partnership, limited partnership, limited liability partnership, association, governmental entity, or other entity, of any kind or nature.
     (9) "Property" includes all right, title, and interests, both legal and equitable, and including any community property interest, in or with respect to any property of a person with respect to which a receiver is appointed, regardless of the manner by which the property has been or is acquired. "Property" includes any proceeds, products, offspring, rents, or profits of or from property in the estate. "Property" does not include any power that a person may exercise solely for the benefit of another person or trust fund taxes.
     (10) "Receiver" means a person appointed by the court as the court's agent, and subject to the court's direction, to take possession of, manage, or dispose of property of a person.
     (11) "Receivership" means the case in which the receiver is appointed. "General receivership" means a receivership in which a general receiver is appointed. "Custodial receivership" means a receivership in which a custodial receiver is appointed.
     (12) "Security interest" means a lien created by an agreement.
     (13) "State agent" and "state agency" means any office, department, division, bureau, board, commission, or other agency of the state of Washington or of any subdivision thereof, or any individual acting in an official capacity on behalf of any state agent or state agency.
     (14) "Utility" means a person providing any service regulated by the utilities ((and transportation)) commission.

Sec. 2   RCW 7.60.025 and 2006 c 52 s 1 are each amended to read as follows:
     (1) A receiver may be appointed by the superior court of this state in the following instances, but except in any case in which a receiver's appointment is expressly required by statute, or any case in which a receiver's appointment is sought by a state agent whose authority to seek the appointment of a receiver is expressly conferred by statute, or any case in which a receiver's appointment with respect to real property is sought under (b)(ii) of this subsection, a receiver shall be appointed only if the court additionally determines that the appointment of a receiver is reasonably necessary and that other available remedies either are not available or are inadequate:
     (a) On application of any party, when the party is determined to have a probable right to or interest in property that is a subject of the action and in the possession of an adverse party, or when the property or its revenue-producing potential is in danger of being lost or materially injured or impaired. A receiver may be appointed under this subsection (1)(a) whether or not the application for appointment of a receiver is combined with, or is ancillary to, an action seeking a money judgment or other relief;
     (b) Provisionally, during the pendency of any action to foreclose upon any lien against or for forfeiture of any interest in real or personal property, or after notice of a trustee's sale has been given under RCW 61.24.040, or after notice of forfeiture has been given under RCW 61.30.040, on application of any person, when the interest in the property that is the subject of foreclosure or forfeiture of the person seeking the receiver's appointment is determined to be probable and either:
     (i) The property or its revenue-producing potential is in danger of being lost or materially injured or impaired; or
     (ii) The appointment of a receiver with respect to the real or personal property that is the subject of the action, the notice of trustee's sale or notice of forfeiture is provided for by agreement or is reasonably necessary to effectuate or enforce an assignment of rents or other revenues from the property;
     (c) After judgment, in order to give effect to the judgment;
     (d) To dispose of property according to provisions of a judgment dealing with its disposition;
     (e) To the extent that property is not exempt from execution, at the instance of a judgment creditor either before or after the issuance of any execution, to preserve or protect it, or prevent its transfer;
     (f) If and to the extent that property is subject to execution to satisfy a judgment, to preserve the property during the pendency of an appeal, or when an execution has been returned unsatisfied, or when an order requiring a judgment debtor to appear for proceedings supplemental to judgment has been issued and the judgment debtor fails to submit to examination as ordered;
     (g) Upon an attachment of real or personal property when the property attached is of a perishable nature or is otherwise in danger of waste, impairment, or destruction, or where the abandoned property's owner has absconded with, secreted, or abandoned the property, and it is necessary to collect, conserve, manage, control, or protect it, or to dispose of it promptly, or when the court determines that the nature of the property or the exigency of the case otherwise provides cause for the appointment of a receiver;
     (h) In an action by a transferor of real or personal property to avoid or rescind the transfer on the basis of fraud, or in an action to subject property or a fund to the payment of a debt;
     (i) In an action against any person who is not an individual if the object of the action is the dissolution of that person, or if that person has been dissolved, or if that person is insolvent or is not generally paying the person's debts as those debts become due unless they are the subject of bona fide dispute, or if that person is in imminent danger of insolvency;
     (j) In accordance with RCW 7.08.030 (4) and (6), in cases in which a general assignment for the benefit of creditors has been made;
     (k) In quo warranto proceedings under chapter 7.56 RCW;
     (l) As provided under RCW 11.64.022;
     (m) In an action by the department of licensing under RCW 18.35.220(3) with respect to persons engaged in the business of dispensing of hearing aids, RCW 18.85.350 in the case of persons engaged in the business of a real estate broker, associate real estate broker, or real estate salesperson, or RCW 19.105.470 with respect to persons engaged in the business of camping resorts;
     (n) In an action under RCW 18.44.470 or 18.44.490 in the case of persons engaged in the business of escrow agents;
     (o) Upon a petition with respect to a nursing home in accordance with and subject to receivership provisions under chapter 18.51 RCW;
     (p) Under RCW 19.40.071(3), in connection with a proceeding for relief with respect to a transfer fraudulent as to a creditor or creditors;
     (q) Under RCW 19.100.210(1), in an action by the attorney general or director of financial institutions to restrain any actual or threatened violation of the franchise investment protection act;
     (r) In an action by the attorney general or by a prosecuting attorney under RCW 19.110.160 with respect to a seller of business opportunities;
     (s) In an action by the director of financial institutions under RCW 21.20.390 in cases involving actual or threatened violations of the securities act of Washington or under RCW 21.30.120 in cases involving actual or threatened violations of chapter 21.30 RCW with respect to certain businesses and transactions involving commodities;
     (t) In an action for or relating to dissolution of a business corporation under RCW 23B.14.065, 23B.14.300, 23B.14.310, or 23B.14.320, for dissolution of a nonprofit corporation under RCW 24.03.270, for dissolution of a mutual corporation under RCW 24.06.305, or in any other action for the dissolution or winding up of any other entity provided for by Title 23, 23B, 24, or 25 RCW;
     (u) In any action in which the dissolution of any public or private entity is sought, in any action involving any dispute with respect to the ownership or governance of such an entity, or upon the application of a person having an interest in such an entity when the appointment is reasonably necessary to protect the property of the entity or its business or other interests;
     (v) Under RCW 25.05.215, in aid of a charging order with respect to a partner's interest in a partnership;
     (w) Under and subject to RCW 30.44.100, 30.44.270, and 30.56.030, in the case of a bank or trust company or, under and subject to RCW 32.24.070 through 32.24.090, in the case of a mutual savings bank;
     (x) Under and subject to RCW 31.12.637 and 31.12.671 through 31.12.724, in the case of credit unions;
     (y) Upon the application of the director of financial institutions under RCW 31.35.090 in actions to enforce chapter 31.35 RCW applicable to agricultural lenders, under RCW 31.40.120 in actions to enforce chapter 31.40 RCW applicable to entities engaged in federally guaranteed small business loans, under RCW 31.45.160 in actions to enforce chapter 31.45 RCW applicable to persons licensed as check cashers or check sellers, or under RCW 19.230.230 in actions to enforce chapter 19.230 RCW applicable to persons licensed under the uniform money services act;
     (z) Under RCW 35.82.090 or 35.82.180, with respect to a housing project;
     (aa) Under RCW 39.84.160 or 43.180.360, in proceedings to enforce rights under any revenue bonds issued for the purpose of financing industrial development facilities or bonds of the Washington state housing finance commission, or any financing document securing any such bonds;
     (bb) Under and subject to RCW 43.70.195, in an action by the secretary of health or by a local health officer with respect to a public water system;
     (cc) As contemplated by RCW 61.24.030, with respect to real property that is the subject of nonjudicial foreclosure proceedings under chapter 61.24 RCW;
     (dd) As contemplated by RCW 61.30.030(3), with respect to real property that is the subject of judicial or nonjudicial forfeiture proceedings under chapter 61.30 RCW;
     (ee) Under RCW 64.32.200(2), in an action to foreclose upon a lien for common expenses against a dwelling unit subject to the horizontal property regimes act, chapter 64.32 RCW;
     (ff) Under RCW 64.34.364(10), in an action by a unit owners' association to foreclose a lien for nonpayment of delinquent assessments against condominium units;
     (gg) Upon application of the attorney general under RCW 64.36.220(3), in aid of any writ or order restraining or enjoining violations of chapter 64.36 RCW applicable to timeshares;
     (hh) Under RCW 70.95A.050(3), in aid of the enforcement of payment or performance of municipal bonds issued with respect to facilities used to abate, control, or prevent pollution;
     (ii) Upon the application of the department of social and health services under RCW 74.42.580, in cases involving nursing homes;
     (jj) Upon the application of the utilities ((and transportation)) commission under RCW 80.28.040, with respect to a water company that has failed to comply with an order of such commission within the time deadline specified therein;
     (kk) Under RCW 87.56.065, in connection with the dissolution of an irrigation district;
     (ll) Upon application of the attorney general or the department of licensing, in any proceeding that either of them are authorized by statute to bring to enforce Title 18 or 19 RCW; the securities act of Washington, chapter 21.20 RCW; the Washington commodities act, chapter 21.30 RCW; the land development act, chapter 58.19 RCW; or under chapter 64.36 RCW relating to the regulation of timeshares;
     (mm) Upon application of the director of financial institutions in any proceeding that the director of financial institutions is authorized to bring to enforce chapters 31.35, 31.40, and 31.45 RCW; or
     (nn) In such other cases as may be provided for by law, or when, in the discretion of the court, it may be necessary to secure ample justice to the parties.
     (2) The superior courts of this state shall appoint as receiver of property located in this state a person who has been appointed by a federal or state court located elsewhere as receiver with respect to the property specifically or with respect to the owner's property generally, upon the application of the person or of any party to that foreign proceeding, and following the appointment shall give effect to orders, judgments, and decrees of the foreign court affecting the property in this state held by the receiver, unless the court determines that to do so would be manifestly unjust or inequitable. The venue of such a proceeding may be any county in which the person resides or maintains any office, or any county in which any property over which the receiver is to be appointed is located at the time the proceeding is commenced.
     (3) At least seven days' notice of any application for the appointment of a receiver shall be given to the owner of property to be subject thereto and to all other parties in the action, and to other parties in interest as the court may require. If any execution by a judgment creditor under Title 6 RCW or any application by a judgment creditor for the appointment of a receiver, with respect to property over which the receiver's appointment is sought, is pending in any other action at the time the application is made, then notice of the application for the receiver's appointment also shall be given to the judgment creditor in the other action. The court may shorten or expand the period for notice of an application for the appointment of a receiver upon good cause shown.
     (4) The order appointing a receiver in all cases shall reasonably describe the property over which the receiver is to take charge, by category, individual items, or both if the receiver is to take charge of less than all of the owner's property. If the order appointing a receiver does not expressly limit the receiver's authority to designated property or categories of property of the owner, the receiver is a general receiver with the authority to take charge over all of the owner's property, wherever located.
     (5) The court may condition the appointment of a receiver upon the giving of security by the person seeking the receiver's appointment, in such amount as the court may specify, for the payment of costs and damages incurred or suffered by any person should it later be determined that the appointment of the receiver was wrongfully obtained.

Sec. 3   RCW 8.24.040 and 1913 c 133 s 3 are each amended to read as follows:
     That any person or corporation availing themselves of the provisions of this chapter for the purpose of acquiring a right-of-way for a logging road, as a condition precedent, contract and agree to carry and convey over such roads to either termini thereof any of the timber or other produce of the lands through which such right is acquired at any and all times, so long as said road is maintained and operated, and at reasonable prices; and a failure so to do shall terminate such right-of-way. ((The reasonableness of the rate shall be subject to determination by the utilities and transportation commission.))

Sec. 4   RCW 9.26A.110 and 2003 c 53 s 20 are each amended to read as follows:
     (1) Every person who, with intent to evade the provisions of any order or rule of the ((Washington)) utilities ((and transportation)) commission or of any tariff, price list, contract, or any other filing lawfully submitted to the commission by any telephone, telegraph, or telecommunications company, or with intent to defraud, obtains telephone, telegraph, or telecommunications service from any telephone, telegraph, or telecommunications company through: (a) The use of a false or fictitious name or telephone number; (b) the unauthorized use of the name or telephone number of another; (c) the physical or electronic installation of, rearrangement of, or tampering with any equipment, or use of a telecommunications device; (d) the commission of computer trespass; or (e) any other trick, deceit, or fraudulent device, is guilty of a misdemeanor.
     (2) If the value of the telephone, telegraph, or telecommunications service that any person obtains in violation of this section during a period of ninety days exceeds fifty dollars in the aggregate, then such person is guilty of a gross misdemeanor.
     (3) If the value of the telephone, telegraph, or telecommunications service that any person obtains in violation of this section during a period of ninety days exceeds two hundred fifty dollars in the aggregate, then such person is guilty of a class C felony punishable according to chapter 9A.20 RCW.
     (4) For any act that constitutes a violation of both this section and RCW 9.26A.115 the provisions of RCW 9.26A.115 shall be exclusive.

Sec. 5   RCW 9.73.070 and 1994 c 49 s 1 are each amended to read as follows:
     (1) The provisions of this chapter shall not apply to any activity in connection with services provided by a common carrier pursuant to its tariffs on file with the ((Washington)) utilities ((and transportation)) commission or the federal communication commission and any activity of any officer, agent or employee of a common carrier who performs any act otherwise prohibited by this law in the construction, maintenance, repair and operations of the common carrier's communications services, facilities, or equipment or incident to the use of such services, facilities or equipment. Common carrier as used in this section means any person engaged as a common carrier or public service company for hire in intrastate, interstate or foreign communication by wire or radio or in intrastate, interstate or foreign radio transmission of energy.
     (2) The provisions of this chapter shall not apply to:
     (a) Any common carrier automatic number, caller, or location identification service that has been approved by the ((Washington)) utilities ((and transportation)) commission; or
     (b) A 911 or enhanced 911 emergency service as defined in RCW 82.14B.020, for purposes of aiding public health or public safety agencies to respond to calls placed for emergency assistance.

Sec. 6   RCW 10.93.020 and 2006 c 284 s 16 are each amended to read as follows:
     As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
     (1) "General authority Washington law enforcement agency" means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state, and any agency, department, or division of state government, having as its primary function the detection and apprehension of persons committing infractions or violating the traffic or criminal laws in general, as distinguished from a limited authority Washington law enforcement agency, and any other unit of government expressly designated by statute as a general authority Washington law enforcement agency. The Washington state patrol and the department of fish and wildlife are general authority Washington law enforcement agencies.
     (2) "Limited authority Washington law enforcement agency" means any agency, political subdivision, or unit of local government of this state, and any agency, department, or division of state government, having as one of its functions the apprehension or detection of persons committing infractions or violating the traffic or criminal laws relating to limited subject areas, including but not limited to, the state departments of natural resources and social and health services, the state gambling commission, the state lottery commission, the state parks and recreation commission, the state utilities ((and transportation)) commission, the state liquor control board, the office of the insurance commissioner, and the state department of corrections.
     (3) "General authority Washington peace officer" means any full-time, fully compensated and elected, appointed, or employed officer of a general authority Washington law enforcement agency who is commissioned to enforce the criminal laws of the state of Washington generally.
     (4) "Limited authority Washington peace officer" means any full-time, fully compensated officer of a limited authority Washington law enforcement agency empowered by that agency to detect or apprehend violators of the laws in some or all of the limited subject areas for which that agency is responsible. A limited authority Washington peace officer may be a specially commissioned Washington peace officer if otherwise qualified for such status under this chapter.
     (5) "Specially commissioned Washington peace officer", for the purposes of this chapter, means any officer, whether part-time or full-time, compensated or not, commissioned by a general authority Washington law enforcement agency to enforce some or all of the criminal laws of the state of Washington, who does not qualify under this chapter as a general authority Washington peace officer for that commissioning agency, specifically including reserve peace officers, and specially commissioned full-time, fully compensated peace officers duly commissioned by the states of Oregon or Idaho or any such peace officer commissioned by a unit of local government of Oregon or Idaho. A reserve peace officer is an individual who is an officer of a Washington law enforcement agency who does not serve such agency on a full-time basis but who, when called by the agency into active service, is fully commissioned on the same basis as full-time peace officers to enforce the criminal laws of the state.
     (6) "Federal peace officer" means any employee or agent of the United States government who has the authority to carry firearms and make warrantless arrests and whose duties involve the enforcement of criminal laws of the United States.
     (7) "Agency with primary territorial jurisdiction" means a city or town police agency which has responsibility for police activity within its boundaries; or a county police or sheriff's department which has responsibility with regard to police activity in the unincorporated areas within the county boundaries; or a statutorily authorized port district police agency or four-year state college or university police agency which has responsibility for police activity within the statutorily authorized enforcement boundaries of the port district, state college, or university.
     (8) "Primary commissioning agency" means (a) the employing agency in the case of a general authority Washington peace officer, a limited authority Washington peace officer, an Indian tribal peace officer, or a federal peace officer, and (b) the commissioning agency in the case of a specially commissioned Washington peace officer (i) who is performing functions within the course and scope of the special commission and (ii) who is not also a general authority Washington peace officer, a limited authority Washington peace officer, an Indian tribal peace officer, or a federal peace officer.
     (9) "Primary function of an agency" means that function to which greater than fifty percent of the agency's resources are allocated.
     (10) "Mutual law enforcement assistance" includes, but is not limited to, one or more law enforcement agencies aiding or assisting one or more other such agencies through loans or exchanges of personnel or of material resources, for law enforcement purposes.

Sec. 7   RCW 15.65.610 and 1961 c 256 s 61 are each amended to read as follows:
     ((Nothing in)) This chapter ((contained shall)) does not apply to any order, rule, or regulation ((issued or issuable by the Washington utilities and transportation commission or the interstate commerce commission)) with respect to the operation of common carriers.

Sec. 8   RCW 15.66.270 and 1961 c 11 s 15.66.270 are each amended to read as follows:
     ((Nothing in)) This chapter ((contained shall)) does not apply to:
     (1) Any order, rule, or regulation ((issued or issuable by the Washington utilities and transportation commission or the interstate commerce commission)) with respect to the operation of common carriers;
     (2) Any provision of the statutes of the state of Washington relating to the apple ((advertising)) commission (chapter 15.24 RCW), to the soft tree fruits commission (chapter 15.28 RCW), or to the dairy products commission (chapter 15.44 RCW). No marketing agreement or order shall be issued with respect to apples, soft tree fruits, or dairy products for the purposes specified in RCW 15.66.030 (1) or ((15.66.030))(2).

Sec. 9   RCW 18.27.090 and 2003 c 399 s 401 are each amended to read as follows:
     The registration provisions of this chapter do not apply to:
     (1) An authorized representative of the United States government, the state of Washington, or any incorporated city, town, county, township, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state;
     (2) Officers of a court when they are acting within the scope of their office;
     (3) Public utilities operating under the regulations of the utilities ((and transportation)) commission in construction, maintenance, or development work incidental to their own business;
     (4) Any construction, repair, or operation incidental to the discovering or producing of petroleum or gas, or the drilling, testing, abandoning, or other operation of any petroleum or gas well or any surface or underground mine or mineral deposit when performed by an owner or lessee;
     (5) The sale or installation of any finished products, materials, or articles of merchandise that are not actually fabricated into and do not become a permanent fixed part of a structure;
     (6) Any construction, alteration, improvement, or repair of personal property performed by the registered or legal owner, or by a mobile/manufactured home retail dealer or manufacturer licensed under chapter 46.70 RCW who shall warranty service and repairs under chapter 46.70 RCW;
     (7) Any construction, alteration, improvement, or repair carried on within the limits and boundaries of any site or reservation under the legal jurisdiction of the federal government;
     (8) Any person who only furnished materials, supplies, or equipment without fabricating them into, or consuming them in the performance of, the work of the contractor;
     (9) Any work or operation on one undertaking or project by one or more contracts, the aggregate contract price of which for labor and materials and all other items is less than five hundred dollars, such work or operations being considered as of a casual, minor, or inconsequential nature. The exemption prescribed in this subsection does not apply in any instance wherein the work or construction is only a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made into contracts of amounts less than five hundred dollars for the purpose of evasion of this chapter or otherwise. The exemption prescribed in this subsection does not apply to a person who advertises or puts out any sign or card or other device which might indicate to the public that he or she is a contractor, or that he or she is qualified to engage in the business of contractor;
     (10) Any construction or operation incidental to the construction and repair of irrigation and drainage ditches of regularly constituted irrigation districts or reclamation districts; or to farming, dairying, agriculture, viticulture, horticulture, or stock or poultry raising; or to clearing or other work upon land in rural districts for fire prevention purposes; except when any of the above work is performed by a registered contractor;
     (11) An owner who contracts for a project with a registered contractor, except that this exemption shall not deprive the owner of the protections of this chapter against registered and unregistered contractors;
     (12) Any person working on his or her own property, whether occupied by him or her or not, and any person working on his or her personal residence, whether owned by him or her or not but this exemption shall not apply to any person otherwise covered by this chapter who constructs an improvement on his or her own property with the intention and for the purpose of selling the improved property;
     (13) Owners of commercial properties who use their own employees to do maintenance, repair, and alteration work in or upon their own properties;
     (14) A licensed architect or civil or professional engineer acting solely in his or her professional capacity, an electrician licensed under the laws of the state of Washington, or a plumber licensed under the laws of the state of Washington or licensed by a political subdivision of the state of Washington while operating within the boundaries of such political subdivision. The exemption provided in this subsection is applicable only when the licensee is operating within the scope of his or her license;
     (15) Any person who engages in the activities herein regulated as an employee of a registered contractor with wages as his or her sole compensation or as an employee with wages as his or her sole compensation;
     (16) Contractors on highway projects who have been prequalified as required by RCW 47.28.070, with the department of transportation to perform highway construction, reconstruction, or maintenance work;
     (17) A mobile/manufactured home dealer or manufacturer who subcontracts the installation, set-up, or repair work to actively registered contractors. This exemption only applies to the installation, set-up, or repair of the mobile/manufactured homes that were manufactured or sold by the mobile/manufactured home dealer or manufacturer;
     (18) An entity who holds a valid electrical contractor's license under chapter 19.28 RCW that employs a certified journeyman electrician, a certified residential specialty electrician, or an electrical trainee meeting the requirements of chapter 19.28 RCW to perform plumbing work that is incidentally, directly, and immediately appropriate to the like-in-kind replacement of a household appliance or other small household utilization equipment that requires limited electric power and limited waste and/or water connections. An electrical trainee must be supervised by a certified electrician while performing plumbing work.

Sec. 10   RCW 19.02.050 and 1997 c 391 s 11 are each amended to read as follows:
     The legislature hereby directs the full participation by the following agencies in the implementation of this chapter:
     (1) Department of agriculture;
     (2) Secretary of state;
     (3) Department of social and health services;
     (4) Department of revenue;
     (5) Department of fish and wildlife;
     (6) ((Department of)) Employment security department;
     (7) Department of labor and industries;
     (8) Department of community, trade, and economic development;
     (9) Liquor control board;
     (10) Department of health;
     (11) Department of licensing;
     (12) Parks and recreation commission;
     (13) Utilities ((and transportation)) commission; and
     (14) Other agencies as determined by the governor.

Sec. 11   RCW 19.28.311 and 2005 c 280 s 1 are each amended to read as follows:
     There is hereby created an electrical board, consisting of fifteen members to be appointed by the governor with the advice of the director of labor and industries as herein provided. It shall be the purpose and function of the board to advise the director on all matters pertaining to the enforcement of this chapter including, but not limited to standards of electrical and telecommunications installation, minimum inspection procedures, and the adoption of rules pertaining to the electrical inspection division: PROVIDED, HOWEVER, That no rules shall be amended or repealed until the electrical board has first had an opportunity to consider any proposed amendments or repeals and had an opportunity to make recommendations to the director relative thereto. The members of the electrical board shall be selected and appointed as follows: One member shall be an employee or officer of a corporation or public agency generating or distributing electric power; one member must be an employee or officer of a facilities-based telecommunications service provider regulated by the ((Washington state)) utilities ((and transportation)) commission; three members shall be licensed electrical contractors: PROVIDED, That one of these members may be a representative of a trade association in the electrical industry; one member shall be a licensed telecommunications contractor; one member shall be an employee, or officer, or representative of a corporation or firm engaged in the business of manufacturing or distributing electrical and telecommunications materials, equipment, or devices; one member shall be a person with knowledge of the electrical industry, not related to the electrical industry, to represent the public; three members shall be certified electricians; one member shall be a telecommunications worker; one member shall be a licensed professional electrical engineer qualified to do business in the state of Washington and designated as a registered communications distribution designer; one member shall be an outside line worker; and one nonvoting member must be a building official from an incorporated city or town with an electrical inspection program established under RCW 19.28.141. The regular term of each member shall be four years: PROVIDED, HOWEVER, The original board shall be appointed on June 9, 1988, for the following terms: The first term of the member representing a corporation or public agency generating or distributing electric power shall serve four years; two members representing licensed electrical contractors shall serve three years; the member representing a manufacturer or distributor of electrical equipment or devices shall serve three years; the member representing the public and one member representing licensed electrical contractors shall serve two years; the three members selected as certified electricians shall serve for terms of one, two, and three years, respectively; the member selected as the licensed professional electrical engineer shall serve for one year. In appointing the original board, the governor shall give due consideration to the value of continuity in membership from predecessor boards. Thereafter, the governor shall appoint or reappoint board members for terms of four years and to fill vacancies created by the completion of the terms of the original members. When new positions are created, the governor may appoint the initial members to the new positions to staggered terms of one to three years. The governor shall also fill vacancies caused by death, resignation, or otherwise for the unexpired term of such members by appointing their successors from the same business classification. The same procedure shall be followed in making such subsequent appointments as is provided for the original appointments. The board, at this first meeting shall elect one of its members to serve as chairman. Any person acting as the chief electrical inspector shall serve as secretary of the board during his or her tenure as chief state inspector. Meetings of the board shall be held at least quarterly in accordance with a schedule established by the board. Each member of the board shall receive compensation in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 which shall be paid out of the electrical license fund, upon vouchers approved by the director of labor and industries.

Sec. 12   RCW 19.29A.010 and 2000 c 213 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Biomass generation" means electricity derived from burning solid organic fuels from wood, forest, or field residue, or dedicated energy crops that do not include wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chroma-arsenic.
     (2) "Bonneville power administration system mix" means a generation mix sold by the Bonneville power administration that is net of any resource specific sales and that is net of any electricity sold to direct service industrial customers, as defined in section 3(8) of the Pacific Northwest electric power planning and conservation act (16 U.S.C. Sec. 839(a)(8)).
     (3) "Coal generation" means the electricity produced by a generating facility that burns coal as the primary fuel source.
     (4) "Commission" means the utilities ((and transportation)) commission.
     (5) "Conservation" means an increase in efficiency in the use of energy use that yields a decrease in energy consumption while providing the same or higher levels of service. Conservation includes low-income weatherization programs.
     (6) "Consumer-owned utility" means a municipal electric utility formed under Title 35 RCW, a public utility district formed under Title 54 RCW, an irrigation district formed under chapter 87.03 RCW, a cooperative formed under chapter 23.86 RCW, or a mutual corporation or association formed under chapter 24.06 RCW, that is engaged in the business of distributing electricity to more than one retail electric customer in the state.
     (7) "Declared resource" means an electricity source specifically identified by a retail supplier to serve retail electric customers. A declared resource includes a stated quantity of electricity tied directly to a specified generation facility or set of facilities either through ownership or contract purchase, or a contractual right to a stated quantity of electricity from a specified generation facility or set of facilities.
     (8) "Department" means the department of community, trade, and economic development.
     (9) "Electricity information coordinator" means the organization selected by the department under RCW 19.29A.080 to: (a) Compile generation data in the Northwest power pool by generating project and by resource category; (b) compare the quantity of electricity from declared resources reported by retail suppliers with available generation from such resources; (c) calculate the net system power mix; and (d) coordinate with other comparable organizations in the western interconnection.
     (10) "Electric meters in service" means those meters that record in at least nine of twelve calendar months in any calendar year not less than two hundred fifty kilowatt hours per month.
     (11) "Electricity product" means the electrical energy produced by a generating facility or facilities that a retail supplier sells or offers to sell to retail electric customers in the state of Washington, provided that nothing in this title shall be construed to mean that electricity is a good or product for the purposes of Title 62A RCW, or any other purpose. It does not include electrical energy generated on-site at a retail electric customer's premises.
     (12) "Electric utility" means a consumer-owned or investor-owned utility as defined in this section.
     (13) "Electricity" means electric energy measured in kilowatt hours, or electric capacity measured in kilowatts, or both.
     (14) "Fuel mix" means the actual or imputed sources of electricity sold to retail electric customers, expressed in terms of percentage contribution by resource category. The total fuel mix included in each disclosure shall total one hundred percent.
     (15) "Geothermal generation" means electricity derived from thermal energy naturally produced within the earth.
     (16) "Governing body" means the council of a city or town, the commissioners of an irrigation district, municipal electric utility, or public utility district, or the board of directors of an electric cooperative or mutual association that has the authority to set and approve rates.
     (17) "High efficiency cogeneration" means electricity produced by equipment, such as heat or steam used for industrial, commercial, heating, or cooling purposes, that meets the federal energy regulatory commission standards for qualifying facilities under the public utility regulatory policies act of 1978.
     (18) "Hydroelectric generation" means a power source created when water flows from a higher elevation to a lower elevation and the flow is converted to electricity in one or more generators at a single facility.
     (19) "Investor-owned utility" means a company owned by investors that meets the definition of RCW 80.04.010 and is engaged in distributing electricity to more than one retail electric customer in the state.
     (20) "Landfill gas generation" means electricity produced by a generating facility that uses waste gases produced by the decomposition of organic materials in landfills.
     (21) "Natural gas generation" means electricity produced by a generating facility that burns natural gas as the primary fuel source.
     (22) "Northwest power pool" means the generating resources included in the United States portion of the Northwest power pool area as defined by the western systems coordinating council.
     (23) "Net system power mix" means the fuel mix in the Northwest power pool, net of: (a) Any declared resources in the Northwest power pool identified by in-state retail suppliers or out-of-state entities that offer electricity for sale to retail electric customers; (b) any electricity sold by the Bonneville power administration to direct service industrial customers; and (c) any resource specific sales made by the Bonneville power administration.
     (24) "Oil generation" means electricity produced by a generating facility that burns oil as the primary fuel source.
     (25) "Proprietary customer information" means: (a) Information that relates to the source and amount of electricity used by a retail electric customer, a retail electric customer's payment history, and household data that is made available by the customer solely by virtue of the utility-customer relationship; and (b) information contained in a retail electric customer's bill.
     (26) "Renewable resources" means electricity generation facilities fueled by: (a) Water; (b) wind; (c) solar energy; (d) geothermal energy; (e) landfill gas; or (f) biomass energy based on solid organic fuels from wood, forest, or field residues, or dedicated energy crops that do not include wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenic.
     (27) "Resale" means the purchase and subsequent sale of electricity for profit, but does not include the purchase and the subsequent sale of electricity at the same rate at which the electricity was purchased.
     (28) "Retail electric customer" means a person or entity that purchases electricity for ultimate consumption and not for resale.
     (29) "Retail supplier" means an electric utility that offers an electricity product for sale to retail electric customers in the state.
     (30) "Small utility" means any consumer-owned utility with twenty-five thousand or fewer electric meters in service, or that has an average of seven or fewer customers per mile of distribution line.
     (31) "Solar generation" means electricity derived from radiation from the sun that is directly or indirectly converted to electrical energy.
     (32) "State" means the state of Washington.
     (33) "Waste incineration generation" means electricity derived from burning solid or liquid wastes from businesses, households, municipalities, or waste treatment operations.
     (34) "Wind generation" means electricity created by movement of air that is converted to electrical energy.

Sec. 13   RCW 19.86.170 and 1977 c 49 s 1 are each amended to read as follows:
     Nothing in this chapter shall apply to actions or transactions otherwise permitted, prohibited, or regulated under laws administered by the insurance commissioner of this state, the ((Washington)) utilities ((and transportation)) commission, the federal power commission, or actions or transactions permitted by any other regulatory body or officer acting under statutory authority of this state or the United States: PROVIDED, HOWEVER, That actions and transactions prohibited or regulated under the laws administered by the insurance commissioner shall be subject to the provisions of RCW 19.86.020 and all sections of chapter 216, Laws of 1961 and chapter 19.86 RCW which provide for the implementation and enforcement of RCW 19.86.020 except that nothing required or permitted to be done pursuant to Title 48 RCW shall be construed to be a violation of RCW 19.86.020: PROVIDED, FURTHER, That actions or transactions specifically permitted within the statutory authority granted to any regulatory board or commission established within Title 18 RCW shall not be construed to be a violation of chapter 19.86 RCW: PROVIDED, FURTHER, That this chapter shall apply to actions and transactions in connection with the disposition of human remains.
     RCW 9A.20.010(2) shall not be applicable to the terms of this chapter and no penalty or remedy shall result from a violation of this chapter except as expressly provided herein.

Sec. 14   RCW 19.122.020 and 2005 c 448 s 1 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
     (1) "Business day" means any day other than Saturday, Sunday, or a legal local, state, or federal holiday.
     (2) "Damage" includes the substantial weakening of structural or lateral support of an underground facility, penetration, impairment, or destruction of any underground protective coating, housing, or other protective device, or the severance, partial or complete, of any underground facility to the extent that the project owner or the affected utility owner determines that repairs are required.
     (3) "Emergency" means any condition constituting a clear and present danger to life or property, or a customer service outage.
     (4) "Excavation" means any operation in which earth, rock, or other material on or below the ground is moved or otherwise displaced by any means, except the tilling of soil less than twelve inches in depth for agricultural purposes, or road and ditch maintenance that does not change the original road grade or ditch flowline.
     (5) "Excavation confirmation code" means a code or ticket issued by the one-number locator service for the site where an excavation is planned. The code must be accompanied by the date and time it was issued.
     (6) "Excavator" means any person who engages directly in excavation.
     (7) "Gas" means natural gas, flammable gas, or toxic or corrosive gas.
     (8) "Hazardous liquid" means: (a) Petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195 as in effect on March 1, 1998; and (b) carbon dioxide. The utilities ((and transportation)) commission may by rule incorporate by reference other substances designated as hazardous by the secretary of transportation.
     (9) "Identified facility" means any underground facility which is indicated in the project plans as being located within the area of proposed excavation.
     (10) "Identified but unlocatable underground facility" means an underground facility which has been identified but cannot be located with reasonable accuracy.
     (11) "Locatable underground facility" means an underground facility which can be field-marked with reasonable accuracy.
     (12) "Marking" means the use of stakes, paint, or other clearly identifiable materials to show the field location of underground facilities, in accordance with the current color code standard of the American public works association. Markings shall include identification letters indicating the specific type of the underground facility.
     (13) "Notice" or "notify" means contact in person or by telephone or other electronic methods that results in the receipt of a valid excavation confirmation code.
     (14) "One-number locator service" means a service through which a person can notify utilities and request field-marking of underground facilities.
     (15) "Operator" means the individual conducting the excavation.
     (16) "Person" means an individual, partnership, franchise holder, association, corporation, a state, a city, a county, or any subdivision or instrumentality of a state, and its employees, agents, or legal representatives.
     (17) "Pipeline" or "pipeline system" means all or parts of a pipeline facility through which hazardous liquid or gas moves in transportation, including, but not limited to, line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein, and breakout tanks. "Pipeline" or "pipeline system" does not include process or transfer pipelines as defined in RCW 81.88.010 (as recodified by this act).
     (18) "Pipeline company" means a person or entity constructing, owning, or operating a pipeline for transporting hazardous liquid or gas. A pipeline company does not include: (a) Distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas at retail; or (b) excavation contractors or other contractors that contract with a pipeline company.
     (19) "Reasonable accuracy" means location within twenty-four inches of the outside dimensions of both sides of an underground facility.
     (20) "Transmission pipeline" means a pipeline that transports hazardous liquid or gas within a storage field, or transports hazardous liquid or gas from an interstate pipeline or storage facility to a distribution main or a large volume hazardous liquid or gas user, or operates at a hoop stress of twenty percent or more of the specified minimum yield strength.
     (21) "Underground facility" means any item buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic or telegraphic communications, cablevision, electric energy, petroleum products, gas, gaseous vapors, hazardous liquids, or other substances and including but not limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments, and those parts of poles or anchors below ground. This definition does not include pipelines as defined in subsection (17) of this section, but does include distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas at retail.

Sec. 15   RCW 19.122.027 and 2005 c 448 s 2 are each amended to read as follows:
     (1) The utilities ((and transportation)) commission shall cause to be established a single statewide toll-free telephone number to be used for referring excavators to the appropriate one-number locator service.
     (2) The utilities ((and transportation)) commission, in consultation with the Washington utilities coordinating council, shall establish minimum standards and best management practices for one-number locator services.
     (3) One-number locator services shall be operated by nongovernmental agencies.

Sec. 16   RCW 19.122.035 and 2000 c 191 s 19 are each amended to read as follows:
     (1) After a pipeline company has been notified by an excavator pursuant to RCW 19.122.033 that excavation work will uncover any portion of the pipeline, the pipeline company shall ensure that the pipeline section in the vicinity of the excavation is examined for damage prior to being reburied.
     (2) Immediately upon receiving information of third-party damage to a hazardous liquid pipeline, the company that operates the pipeline shall terminate the flow of hazardous liquid in that pipeline until it has visually inspected the pipeline. After visual inspection, the operator of the hazardous liquid pipeline shall determine whether the damaged pipeline section should be replaced or repaired, or whether it is safe to resume pipeline operation. Immediately upon receiving information of third-party damage to a gas pipeline, the company that operates the pipeline shall conduct a visual inspection of the pipeline to determine whether the flow of gas through that pipeline should be terminated, and whether the damaged pipeline should be replaced or repaired. A record of the pipeline company's inspection report and test results shall be provided to the utilities ((and transportation)) commission consistent with reporting requirements under 49 C.F.R. 195 Subpart B.
     (3) Pipeline companies shall immediately notify local first responders and the department of any reportable release of a hazardous liquid from a pipeline. Pipeline companies shall immediately notify local first responders and the commission of any blowing gas leak from a gas pipeline that has ignited or represents a probable hazard to persons or property. Pipeline companies shall take all appropriate steps to ensure the public safety in the event of a release of hazardous liquid or gas under this subsection.
     (4) No damaged pipeline may be buried until it is repaired or relocated. The pipeline company shall arrange for repairs or relocation of a damaged pipeline as soon as is practical or may permit the excavator to do necessary repairs or relocation at a mutually acceptable price.

Sec. 17   RCW 19.122.055 and 2005 c 448 s 3 are each amended to read as follows:
     (1)(a) Any excavator who fails to notify the one-number locator service and causes damage to a hazardous liquid or gas pipeline is subject to a civil penalty of not more than ten thousand dollars for each violation.
     (b) The civil penalty in this subsection may also be imposed on any excavator who violates RCW 19.122.090.
     (2) All civil penalties recovered under this section shall be deposited into the pipeline safety account created in RCW 81.88.050 (as recodified by this act).

Sec. 18   RCW 19.138.021 and 2001 c 44 s 1 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Department" means the department of licensing.
     (2) "Director" means the director of licensing or the director's designee.
     (3) "Sale of travel-related benefits" means the sale of travel services if the travel services are not identified at the time of the sale with respect to dates, price, or location and includes:
     (a) Sales of travel club memberships;
     (b) Sales of vacation certificates or other documents that purport to grant the holder of the certificate or other document the ability to obtain future travel services, with or without additional consideration; or
     (c) Sales of travel-industry member benefits including those through either or both the issuance and sale or the consulting with or advising for consideration of persons in connection with the obtaining of international airlines travel agent network identification cards or memberships.
     (4) "Travel club" means a seller of travel that sells memberships to consumers, where the initial membership or maintenance dues are at least twice the amount of the annual membership or maintenance dues.
     (5) "Seller of travel-related benefits" means a person, firm, or corporation that transacts business with Washington consumers for the sale of travel-related benefits.
     (6) "Seller of travel" means a person, firm, or corporation both inside and outside the state of Washington, who transacts business with Washington consumers.
     (a) "Seller of travel" includes a travel agent and any person who is an independent contractor or outside agent for a travel agency or other seller of travel whose principal duties include consulting with and advising persons concerning travel arrangements or accommodations in the conduct or administration of its business. If a seller of travel is employed by a seller of travel who is registered under this chapter, the employee need not also be registered.
     (b) "Seller of travel" does not include:
     (i) An air carrier;
     (ii) An owner or operator of a vessel, including an ocean common carrier as defined in 46 U.S.C. App. 1702(18), an owner or charterer of a vessel that is required to establish its financial responsibility in accordance with the requirements of the federal maritime commission, 46 U.S.C. App. 817 (e), and a steamboat company whether or not operating over and upon the waters of this state;
     (iii) A motor carrier;
     (iv) A rail carrier;
     (v) A charter party carrier of passengers ((as defined in RCW 81.70.020));
     (vi) An auto transportation company ((as defined in RCW 81.68.010));
     (vii) A hotel or other lodging accommodation;
     (viii) An affiliate of any person or entity described in (b)(i) through (vii) of this subsection (((6)(b))) that is primarily engaged in the sale of travel services provided by the person or entity. For purposes of this subsection (6)(b)(viii), an "affiliate" means a person or entity owning, owned by, or under common ownership, with "owning," "owned," and "ownership" referring to equity holdings of at least eighty percent;
     (ix) Direct providers of transportation by air, sea, or ground, or hotel or other lodging accommodations who do not book or arrange any other travel services.
     (7) "Travel services" includes transportation by air, sea, or ground, hotel or any lodging accommodations, package tours, or vouchers or coupons to be redeemed for future travel or accommodations for a fee, commission, or other valuable consideration.
     (8) "Advertisement" includes, but is not limited to, a written or graphic representation in a card, brochure, newspaper, magazine, directory listing, or display, and oral, written, or graphic representations made by radio, television, or cable transmission that relates to travel services.
     (9) "Transacts business with Washington consumers" means to directly offer or sell travel services or travel-related benefits to Washington consumers, including the placement of advertising in media based in the state of Washington or that is primarily directed to Washington residents. Advertising placed in national print or electronic media alone does not constitute "transacting business with Washington consumers." Those entities who only wholesale travel services are not "transacting business with Washington consumers" for the purposes of this chapter.

Sec. 19   RCW 19.158.020 and 2003 c 39 s 12 are each amended to read as follows:
     Unless the context requires otherwise, the definitions in this section apply throughout this chapter.
     (1) A "commercial telephone solicitor" is any person who engages in commercial telephone solicitation, including service bureaus.
     (2) "Commercial telephone solicitation" means:
     (a) An unsolicited telephone call to a person initiated by a salesperson and conversation for the purpose of inducing the person to purchase or invest in property, goods, or services;
     (b) Other communication with a person where:
     (i) A free gift, award, or prize is offered to a purchaser who has not previously purchased from the person initiating the communication; and
     (ii) A telephone call response is invited; and
     (iii) The salesperson intends to complete a sale or enter into an agreement to purchase during the course of the telephone call;
     (c) Other communication with a person which misrepresents the price, quality, or availability of property, goods, or services and which invites a response by telephone or which is followed by a call to the person by a salesperson;
     (d) For purposes of this section, "other communication" means a written or oral notification or advertisement transmitted through any means.
     (3) A "commercial telephone solicitor" does not include any of the following:
     (a) A person engaging in commercial telephone solicitation where:
     (i) The solicitation is an isolated transaction and not done in the course of a pattern of repeated transactions of like nature; or
     (ii) Less than sixty percent of such person's prior year's sales were made as a result of a commercial telephone solicitation as defined in this chapter. Where more than sixty percent of a seller's prior year's sales were made as a result of commercial telephone solicitations, the service bureau contracting to provide commercial telephone solicitation services to the seller shall be deemed a commercial telephone solicitor;
     (b) A person making calls for religious, charitable, political, or other noncommercial purposes;
     (c) A person soliciting business solely from purchasers who have previously purchased from the business enterprise for which the person is calling;
     (d) A person soliciting:
     (i) Without the intent to complete or obtain provisional acceptance of a sale during the telephone solicitation; and
     (ii) Who does not make the major sales presentation during the telephone solicitation; and
     (iii) Who only makes the major sales presentation or arranges for the major sales presentation to be made at a later face-to-face meeting between the salesperson and the purchaser;
     (e) A person selling a security which is exempt from registration under RCW 21.20.310;
     (f) A person licensed under RCW 18.85.090 when the solicited transaction is governed by that law;
     (g) A person registered under RCW 18.27.060 when the solicited transaction is governed by that law;
     (h) A person licensed under RCW 48.17.150 when the solicited transaction is governed by that law;
     (i) Any person soliciting the sale of a franchise who is registered under RCW 19.100.140;
     (j) A person primarily soliciting the sale of a newspaper of general circulation, a magazine or periodical, or contractual plans, including book or record clubs: (i) Under which the seller provides the consumer with a form which the consumer may use to instruct the seller not to ship the offered merchandise; and (ii) which is regulated by the federal trade commission trade regulation concerning "use of negative option plans by sellers in commerce";
     (k) Any supervised financial institution or parent, subsidiary, or affiliate thereof. As used in this section, "supervised financial institution" means any commercial bank, trust company, savings and loan association, mutual savings banks, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer, provided that the institution is subject to supervision by an official or agency of this state or the United States;
     (l) A person soliciting the sale of a prearrangement funeral service contract registered under RCW 18.39.240 and 18.39.260;
     (m) A person licensed to enter into prearrangement contracts under RCW 68.05.155 when acting subject to that license;
     (n) A person soliciting the sale of services provided by a cable television system operating under authority of a franchise or permit;
     (o) A person or affiliate of a person whose business is regulated by the utilities ((and transportation)) commission or the federal communications commission;
     (p) A person soliciting the sale of agricultural products, as defined in RCW 20.01.010 where the purchaser is a business;
     (q) An issuer or subsidiary of an issuer that has a class of securities that is subject to section 12 of the securities exchange act of 1934 (15 U.S.C. Sec. 781) and that is either registered or exempt from registration under paragraph (A), (B), (C), (E), (F), (G), or (H) of subsection (g) of that section;
     (r) A commodity broker-dealer as defined in RCW 21.30.010 and registered with the commodity futures trading commission;
     (s) A business-to-business sale where:
     (i) The purchaser business intends to resell the property or goods purchased, or
     (ii) The purchaser business intends to use the property or goods purchased in a recycling, reuse, remanufacturing or manufacturing process;
     (t) A person licensed under RCW 19.16.110 when the solicited transaction is governed by that law;
     (u) A person soliciting the sale of food intended for immediate delivery to and immediate consumption by the purchaser;
     (v) A person soliciting the sale of food fish or shellfish when that person is licensed pursuant to the provisions of Title 77 RCW.
     (4) "Purchaser" means a person who is solicited to become or does become obligated to a commercial telephone solicitor.
     (5) "Salesperson" means any individual employed, appointed, or authorized by a commercial telephone solicitor, whether referred to by the commercial telephone solicitor as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the commercial telephone solicitor.
     (6) "Service bureau" means a commercial telephone solicitor who contracts with any person to provide commercial telephone solicitation services.
     (7) "Seller" means any person who contracts with any service bureau to purchase commercial telephone solicitation services.
     (8) "Person" includes any individual, firm, association, corporation, partnership, joint venture, sole proprietorship, or any other business entity.
     (9) "Free gift, award, or prize" means a gratuity which the purchaser believes of a value equal to or greater than the value of the specific product, good, or service sought to be sold to the purchaser by the seller.
     (10) "Solicit" means to initiate contact with a purchaser for the purpose of attempting to sell property, goods or services, where such purchaser has expressed no previous interest in purchasing, investing in, or obtaining information regarding the property, goods, or services attempted to be sold.

Sec. 20   RCW 19.158.110 and 1989 c 20 s 11 are each amended to read as follows:
     (1) Within the first minute of the telephone call, a commercial telephone solicitor or salesperson shall:
     (a) Identify himself or herself, the company on whose behalf the solicitation is being made, the property, goods, or services being sold; and
     (b) Terminate the telephone call within ten seconds if the purchaser indicates he or she does not wish to continue the conversation.
     (2) If at any time during the telephone contact, the purchaser states or indicates that he or she does not wish to be called again by the commercial telephone solicitor or wants to have his or her name and individual telephone number removed from the telephone lists used by the commercial telephone solicitor:
     (a) The commercial telephone solicitor shall not make any additional commercial telephone solicitation of the called party at that telephone number within a period of at least one year; and
     (b) The commercial telephone solicitor shall not sell or give the called party's name and telephone number to another commercial telephone solicitor: PROVIDED, That the commercial telephone solicitor may return the list, including the called party's name and telephone number, to the company or organization from which it received the list.
     (3) The utilities ((and transportation)) commission shall by rule ensure that telecommunications companies inform their residential customers of the provisions of this section. The notification may be made by:
     (a) Annual inserts in the billing statements mailed to residential customers; or
     (b) Conspicuous publication of the notice in the consumer information pages of local telephone directories.
     (4) If a sale or an agreement to purchase is completed, the commercial telephone solicitor must inform the purchaser of his or her cancellation rights as enunciated in this chapter, state the registration number issued by the department of licensing, and give the street address of the seller.
     (5) If, at any time prior to sale or agreement to purchase, the commercial telephone solicitor's registration number is requested by the purchaser, it must be provided.
     (6) All oral disclosures required by this section shall be made in a clear and intelligible manner.

Sec. 21   RCW 19.182.110 and 1993 c 476 s 13 are each amended to read as follows:
     If a person takes an adverse action with respect to a consumer that is based, in whole or in part, on information contained in a consumer report, the person shall:
     (1) Provide written notice of the adverse action to the consumer, except verbal notice may be given by a person in an adverse action involving a business regulated by the ((Washington)) utilities ((and transportation)) commission or involving an application for the rental or leasing of residential real estate if such verbal notice does not impair a consumer's ability to obtain a credit report without charge under RCW 19.182.100(2); and
     (2) Provide the consumer with the name, address, and telephone number of the consumer reporting agency that furnished the report to the person.

Sec. 22   RCW 19.250.010 and 2005 c 322 s 1 are each amended to read as follows:
     (1) A radio communications service company, as defined in RCW 80.04.010, or any direct or indirect affiliate or agent of a provider, shall not include the phone number of any subscriber for inclusion in any directory of any form, nor shall it sell the contents of any directory data base, without first obtaining the express, opt-in consent of that subscriber. The subscriber's consent must be obtained either in writing or electronically, and a receipt must be provided to the subscriber. The consent shall be a separate document or located on a separate screen or web page that has the sole purpose of authorizing a radio communications service company to include the subscriber's phone number in a publicly available directory assistance data base. In obtaining the subscriber's consent, the provider shall unambiguously disclose that, by consenting, the subscriber agrees to have the subscriber's phone number sold or licensed as part of a list of subscribers and that the phone number may be included in a publicly available directory assistance data base. The provider must also disclose that by consenting to be included in the directory, the subscriber may incur additional charges for receiving unsolicited calls or text messages.
     (2) A subscriber who provides express consent pursuant to subsection (1) of this section may revoke that consent at any time. A radio communications service company shall comply with the subscriber's request to opt out within a reasonable period of time, not to exceed sixty days.
     (3) A subscriber shall not be charged for opting not to be listed in the directory.
     (4) This section does not apply to the provision of telephone numbers, for the purposes indicated, to:
     (a) Any law enforcement agency, fire protection agency, public health agency, public environmental health agency, city or county emergency services planning agency, or private for-profit corporation operating under contract with, and at the direction of, one or more of these agencies, for the exclusive purpose of responding to a 911 call or communicating an imminent threat to life or property. Information or records provided to a private for-profit corporation pursuant to (b) of this subsection shall be held in confidence by that corporation and by any individual employed by or associated with that corporation. Such information or records shall not be open to examination for any purpose not directly connected with the administration of the services specified in this subsection;
     (b) A lawful process issued under state or federal law;
     (c) A telecommunications company providing service between service areas for the provision of telephone services to the subscriber between service areas, or to third parties for the limited purpose of providing billing services;
     (d) A telecommunications company to effectuate a customer's request to transfer the customer's assigned telephone number from the customer's existing provider of telecommunications services to a new provider of telecommunications services;
     (e) The utilities ((and transportation)) commission pursuant to its jurisdiction and control over telecommunications companies; and
     (f) A sales agent to provide the subscriber's cell phone numbers to the cellular provider for the limited purpose of billing and customer service.
     (5) Every knowing violation of this section is punishable by a fine of up to fifty thousand dollars for each violation.
     (6) The attorney general may bring actions to enforce compliance with this section. For the first violation by any company or organization of this section, the attorney general may notify the company with a letter of warning that the section has been violated.
     (7) No telecommunications company, nor any official or employee of a telecommunications company, shall be subject to criminal or civil liability for the release of customer information as authorized by this section.

Sec. 23   RCW 19.280.020 and 2006 c 195 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Commission" means the utilities ((and transportation)) commission.
     (2) "Conservation and efficiency resources" means any reduction in electric power consumption that results from increases in the efficiency of energy use, production, transmission, or distribution.
     (3) "Consumer-owned utility" includes a municipal electric utility formed under Title 35 RCW, a public utility district formed under Title 54 RCW, an irrigation district formed under chapter 87.03 RCW, a cooperative formed under chapter 23.86 RCW, a mutual corporation or association formed under chapter 24.06 RCW, a port district formed under Title 53 RCW, or a water-sewer district formed under Title 57 RCW, that is engaged in the business of distributing electricity to one or more retail electric customers in the state.
     (4) "Department" means the department of community, trade, and economic development.
     (5) "Electric utility" means a consumer-owned or investor-owned utility.
     (6) "Full requirements customer" means an electric utility that relies on the Bonneville power administration for all power needed to supply its total load requirement other than that served by nondispatchable generating resources totaling no more than six megawatts or renewable resources.
     (7) "Governing body" means the elected board of directors, city council, commissioners, or board of any consumer-owned utility.
     (8) "High efficiency cogeneration" means the sequential production of electricity and useful thermal energy from a common fuel source, where, under normal operating conditions, the facility has a useful thermal energy output of no less than thirty-three percent of the total energy output.
     (9) "Integrated resource plan" means an analysis describing the mix of generating resources and conservation and efficiency resources that will meet current and projected needs at the lowest reasonable cost to the utility and its ratepayers and that complies with the requirements specified in RCW 19.280.030(1).
     (10) "Investor-owned utility" means a corporation owned by investors that meets the definition in RCW 80.04.010 and is engaged in distributing electricity to more than one retail electric customer in the state.
     (11) "Lowest reasonable cost" means the lowest cost mix of generating resources and conservation and efficiency resources determined through a detailed and consistent analysis of a wide range of commercially available resources. At a minimum, this analysis must consider resource cost, market-volatility risks, demand-side resource uncertainties, resource dispatchability, resource effect on system operation, the risks imposed on the utility and its ratepayers, public policies regarding resource preference adopted by Washington state or the federal government, and the cost of risks associated with environmental effects including emissions of carbon dioxide.
     (12) "Plan" means either an "integrated resource plan" or a "resource plan."
     (13) "Renewable resources" means electricity generation facilities fueled by: (a) Water; (b) wind; (c) solar energy; (d) geothermal energy; (e) landfill gas; (f) biomass energy utilizing animal waste, solid organic fuels from wood, forest, or field residues or dedicated energy crops that do not include wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenic; (g) byproducts of pulping or wood manufacturing processes, including but not limited to bark, wood chips, sawdust, and lignin in spent pulping liquors; (h) ocean thermal, wave, or tidal power; or (i) gas from sewage treatment facilities.
     (14) "Resource plan" means an assessment that estimates electricity loads and resources over a defined period of time and complies with the requirements in RCW 19.280.030(2).

Sec. 24   RCW 23.86.400 and 1996 c 32 s 1 are each amended to read as follows:
     (1) As used in this section:
     (a) "Attachment" means the affixation or installation of any wire, cable or other physical material capable of carrying electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but not limited to cable, and any related device, apparatus, or auxiliary equipment upon any pole owned or controlled in whole or in part by one or more locally regulated utilities where the installation has been made with the necessary consent.
     (b) "Locally regulated utility" means an electric service cooperative organized under this chapter and not subject to rate or service regulation by the utilities ((and transportation)) commission.
     (c) "Nondiscriminatory" means that pole owners may not arbitrarily differentiate among or between similar classes of persons approved for attachments.
     (2) All rates, terms, and conditions made, demanded, or received by a locally regulated utility for attachments to its poles must be just, reasonable, nondiscriminatory, and sufficient. A locally regulated utility shall levy attachment space rental rates that are uniform for the same class of service within the locally regulated utility service area.
     (3) Nothing in this section shall be construed or is intended to confer upon the utilities ((and transportation)) commission any authority to exercise jurisdiction over locally regulated utilities.

Sec. 25   RCW 23B.01.590 and 1989 c 165 s 25 are each amended to read as follows:
     The annual fee required to be paid to the ((Washington)) utilities ((and transportation)) commission by any public service corporation shall be deducted from the annual license fee provided in this title and the excess only shall be collected.
     It shall be the duty of the commission to furnish to the secretary of state on or before July 1st of each year a list of all public service corporations with the amount of annual license fees paid to the commission for the current year.

Sec. 26   RCW 24.06.600 and 1996 c 32 s 2 are each amended to read as follows:
     (1) As used in this section:
     (a) "Attachment" means the affixation or installation of any wire, cable or other physical material capable of carrying electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but not limited to cable, and any related device, apparatus, or auxiliary equipment upon any pole owned or controlled in whole or in part by one or more locally regulated utilities where the installation has been made with the necessary consent.
     (b) "Locally regulated utility" means ((an [a])) a mutual corporation organized under this chapter for the purpose of providing utility service and not subject to rate or service regulation by the utilities ((and transportation)) commission.
     (c) "Nondiscriminatory" means that pole owners may not arbitrarily differentiate among or between similar classes of persons approved for attachments.
     (2) All rates, terms, and conditions made, demanded, or received by a locally regulated utility for attachments to its poles must be just, reasonable, nondiscriminatory, and sufficient. A locally regulated utility shall levy attachment space rental rates that are uniform for the same class of service within the locally regulated utility service area.
     (3) Nothing in this section shall be construed or is intended to confer upon the utilities ((and transportation)) commission any authority to exercise jurisdiction over locally regulated utilities.

Sec. 27   RCW 28A.160.010 and 1990 c 33 s 132 are each amended to read as follows:
     The operation of each local school district's student transportation program is declared to be the responsibility of the respective board of directors, and each board of directors shall determine such matters as which individual students shall be transported and what routes shall be most efficiently utilized. State moneys allocated to local districts for student transportation shall be spent only for student transportation activities, but need not be spent by the local district in the same manner as calculated and allocated by the state.
     A school district is authorized to provide for the transportation of students enrolled in the school or schools of the district both in the case of students who reside within the boundaries of the district and of students who reside outside the boundaries of the district.
     When children are transported from one school district to another the board of directors of the respective districts may enter into a written contract providing for a division of the cost of such transportation between the districts.
     School districts may use school buses and drivers hired by the district or commercial chartered bus service for the transportation of school children and the school employees necessary for their supervision to and from any school activities within or without the school district during or after school hours and whether or not a required school activity, so long as the school board has officially designated it as a school activity. For any extra-curricular uses, the school board shall charge an amount sufficient to reimburse the district for its cost.
     In addition to the right to contract for the use of buses provided in RCW 28A.160.080 and 28A.160.090, any school district may contract to furnish the use of school buses of that district to other users who are engaged in conducting an educational or recreational program supported wholly or in part by tax funds or programs for elderly persons at times when those buses are not needed by that district and under such terms as will fully reimburse such school district for all costs related or incident thereto: PROVIDED, HOWEVER, That no such use of school district buses shall be permitted except where other public ((or private)) transportation ((certificated or licensed by the Washington utilities and transportation commission)) or properly licensed for-hire passenger transportation is not reasonably available to the user: PROVIDED FURTHER, That no user shall be required to accept any charter bus for services which the user believes might place the health or safety of the children or elderly persons in jeopardy.
     Whenever any persons are transported by the school district in its own motor vehicles and by its own employees, the board may provide insurance to protect the district against loss, whether by reason of theft, fire or property damage to the motor vehicle or by reason of liability of the district to persons from the operation of such motor vehicle.
     The board may provide insurance by contract purchase for payment of hospital and medical expenses for the benefit of persons injured while they are on, getting on, or getting off any vehicles enumerated herein without respect to any fault or liability on the part of the school district or operator. This insurance may be provided without cost to the persons notwithstanding the provisions of RCW 28A.400.350.
     If the transportation of children or elderly persons is arranged for by contract of the district with some person, the board may require such contractor to procure such insurance as the board deems advisable.

Sec. 28   RCW 28A.160.100 and 2006 c 263 s 907 are each amended to read as follows:
     In addition to the authority otherwise provided in RCW 28A.160.010 through 28A.160.120 to school districts for the transportation of persons, whether school children, school personnel, or otherwise, any school district authorized to use school buses and drivers hired by the district for the transportation of school children to and from a school activity, along with such school employees as necessary for their supervision, shall, if such school activity be an interscholastic activity, be authorized to transport members of the general public to such event and utilize the school district's buses, transportation equipment and facilities, and employees therefor: PROVIDED, That provision shall be made for the reimbursement and payment to the school district by such members of the general public of not less than the district's actual costs and the reasonable value of the use of the district's buses and facilities provided in connection with such transportation: PROVIDED FURTHER, That wherever ((private)) public transportation ((certified or licensed by the utilities and transportation commission or public)) or properly licensed for-hire passenger transportation is reasonably available, this section shall not apply.

Sec. 29   RCW 28A.160.120 and 1974 ex.s. c 93 s 1 are each amended to read as follows:
     Any school district board of directors or any intermediate school district board may enter into agreements pursuant to chapter 39.34 RCW or chapter 35.58 RCW, as now or hereafter amended, with any city, town, county, metropolitan municipal corporation, and any federal or other state governmental entity, or any combination of the foregoing, for the purpose of providing for the transportation of students and/or members of the public through the use, in whole or part, of the school district's buses, transportation equipment and facilities, and employees: PROVIDED, That any agreement entered into for purposes of transportation pursuant to this section shall conform with the provisions of RCW 35.58.250 where applicable and shall provide for the reimbursement and payment to the school district of not less than the district's actual costs and the reasonable value of the use of the district's buses, and transportation equipment and supplies which are incurred and otherwise provided in connection with the transportation of members of the public or other noncommon school purposes: PROVIDED FURTHER, That wherever public transportation((,)) or ((private)) properly licensed for-hire passenger transportation ((certified or licensed by the Washington utilities and transportation commission)) is not reasonably available, the school district or intermediate school district may transport members of the public so long as they are reimbursed for the cost of such transportation, and such transportation has been approved by any metropolitan municipal corporation performing public transportation pursuant to chapter 35.58 RCW in the area to be served by the district.

Sec. 30   RCW 28A.335.320 and 1995 c 243 s 4 are each amended to read as follows:
     By January 1, 1997, or one year after enhanced 911 service becomes available or a private switch automatic location identification service approved by the ((Washington)) utilities ((and transportation)) commission is available from the serving local exchange telecommunications company, whichever is later, all common and public schools located in counties that provide enhanced 911 service shall provide persons using school facilities direct access to telephones that are connected to the public switched network such that calls to 911 result in automatic location identification for each telephone in a format that is compatible with the existing and planned county enhanced 911 system during all times that the facility is in use. Any school district acquiring a private telecommunications system that allows connection to the public switched network after January 1, 1997, shall assure that the telecommunications system is connected to the public switched network such that calls to 911 result in automatic location identification for each telephone in a format that is compatible with the existing or planned county enhanced 911 system.

Sec. 31   RCW 34.05.380 and 1989 c 175 s 11 are each amended to read as follows:
     (1) Each agency shall file in the office of the code reviser a certified copy of all rules it adopts, except for rules contained in tariffs filed with or published by the ((Washington)) utilities ((and transportation)) commission. The code reviser shall place upon each rule a notation of the time and date of filing and shall keep a permanent register of filed rules open to public inspection. In filing a rule, each agency shall use the standard form prescribed for this purpose by the code reviser.
     (2) Emergency rules adopted under RCW 34.05.350 become effective upon filing unless a later date is specified in the order of adoption. All other rules become effective upon the expiration of thirty days after the date of filing, unless a later date is required by statute or specified in the order of adoption.
     (3) A rule may become effective immediately upon its filing with the code reviser or on any subsequent date earlier than that established by subsection (2) of this section, if the agency establishes that effective date in the adopting order and finds that:
     (a) Such action is required by the state or federal Constitution, a statute, or court order;
     (b) The rule only delays the effective date of another rule that is not yet effective; or
     (c) The earlier effective date is necessary because of imminent peril to the public health, safety, or welfare.
     The finding and a brief statement of the reasons therefor required by this subsection shall be made a part of the order adopting the rule.
     (4) With respect to a rule made effective pursuant to subsection (3) of this section, each agency shall make reasonable efforts to make the effective date known to persons who may be affected by it.

Sec. 32   RCW 34.12.020 and 2002 c 354 s 226 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Office" means the office of administrative hearings.
     (2) "Administrative law judge" means any person appointed by the chief administrative law judge to conduct or preside over hearings as provided in this chapter.
     (3) "Hearing" means an adjudicative proceeding within the meaning of RCW 34.05.010(1) conducted by a state agency under RCW 34.05.413 through 34.05.476.
     (4) "State agency" means any state board, commission, department, or officer authorized by law to make rules or to conduct adjudicative proceedings, except those in the legislative or judicial branches, the growth management hearings boards, the utilities ((and transportation)) commission, the pollution control hearings board, the shorelines hearings board, the forest practices appeals board, the environmental hearings office, the board of industrial insurance appeals, the Washington personnel resources board, the public employment relations commission, and the board of tax appeals.

Sec. 33   RCW 35.02.160 and 1997 c 171 s 1 are each amended to read as follows:
     The incorporation of any territory as a city or town shall cancel, as of the effective date of such incorporation, any franchise or permit theretofore granted to any person, firm, or corporation by the state of Washington, or by the governing body of such incorporated territory, authorizing or otherwise permitting the operation of any public transportation, garbage disposal, or other similar public service business or facility within the limits of the incorporated territory, but the holder of any such franchise or permit canceled pursuant to this section shall be forthwith granted by the incorporating city or town a franchise to continue such business within the incorporated territory for a term of not less than the remaining term of the original franchise or permit, or not less than seven years, whichever is the shorter period, and the incorporating city or town, by franchise, permit, or public operation, shall not extend similar or competing services to the incorporated territory except upon a proper showing of the inability or refusal of such person, firm, or corporation to adequately service said incorporated territory at a reasonable price: PROVIDED, That the provisions of this section shall not preclude the purchase by the incorporating city or town of said franchise, business, or facilities at an agreed or negotiated price, or from acquiring the same by condemnation upon payment of damages, including a reasonable amount for the loss of the franchise or permit. In the event that any person, firm, or corporation whose franchise or permit has been canceled by the terms of this section shall suffer any measurable damages as a result of any incorporation pursuant to the provisions of chapter 35.02 RCW, such person, firm, or corporation shall have a right of action against any city or town causing such damages.
     After the incorporation of any city or town, the utilities ((and transportation)) commission shall continue to regulate solid waste collection within the limits of the incorporated city or town until such time as the city or town notifies the commission, in writing, of its decision to contract for solid waste collection or provide solid waste collection itself ((pursuant to RCW 81.77.020)) as provided by law. In the event the incorporated city or town at any time decides to contract for solid waste collection or decides to undertake solid waste collection itself, the holder of any such franchise or permit that is so canceled in whole or in part shall be forthwith granted by the incorporated city or town a franchise to continue such business within the incorporated territory for a term of not less than the remaining term of the original franchise or permit, or not less than seven years, whichever is the shorter period, and the incorporated city or town, by franchise, permit, or public operation, shall not extend similar or competing services to the incorporated territory except upon a proper showing of the inability or refusal of such person, firm, or corporation to adequately service the incorporated territory at a reasonable price. Upon the effective date specified by the city or town council's ordinance or resolution to have the city or town contract for solid waste collection or undertake solid waste collection itself, the transition period specified in this section begins to run. This section does not preclude the purchase by the incorporated city or town of the franchise, business, or facilities at an agreed or negotiated price, or from acquiring the same by condemnation upon payment of damages, including a reasonable amount for the loss of the franchise or permit. In the event that any person, firm, or corporation whose franchise or permit has been canceled in whole or in part by the terms of this section suffers any measurable damages as a result of any incorporation pursuant to this chapter, such person, firm, or corporation has a right of action against any city or town causing such damages.

Sec. 34   RCW 35.13.280 and 1997 c 171 s 2 are each amended to read as follows:
     The annexation by any city or town of any territory pursuant to those provisions of chapter 35.10 RCW which relate to the annexation of a city or town to a city or town, or pursuant to the provisions of chapter 35.13 RCW shall cancel, as of the effective date of such annexation, any franchise or permit theretofore granted to any person, firm, or corporation by the state of Washington, or by the governing body of such annexed territory, authorizing or otherwise permitting the operation of any public transportation, garbage disposal, or other similar public service business or facility within the limits of the annexed territory, but the holder of any such franchise or permit canceled pursuant to this section shall be forthwith granted by the annexing city or town a franchise to continue such business within the annexed territory for a term of not less than seven years from the date of issuance thereof, and the annexing city or town, by franchise, permit, or public operation, shall not extend similar or competing services to the annexed territory except upon a proper showing of the inability or refusal of such person, firm, or corporation to adequately service said annexed territory at a reasonable price: PROVIDED, That the provisions of this section shall not preclude the purchase by the annexing city or town of said franchise, business, or facilities at an agreed or negotiated price, or from acquiring the same by condemnation upon payment of damages, including a reasonable amount for the loss of the franchise or permit. In the event that any person, firm, or corporation whose franchise or permit has been canceled by the terms of this section shall suffer any measurable damages as a result of any annexation pursuant to the provisions of the laws above-mentioned, such person, firm, or corporation shall have a right of action against any city or town causing such damages.
     After an annexation by a city or town, the utilities ((and transportation)) commission shall continue to regulate solid waste collection within the limits of the annexed territory until such time as the city or town notifies the commission, in writing, of its decision to contract for solid waste collection or provide solid waste collection itself ((pursuant to RCW 81.77.020)) as provided by law. In the event the annexing city or town at any time decides to contract for solid waste collection or decides to undertake solid waste collection itself, the holder of any such franchise or permit that is so canceled in whole or in part shall be forthwith granted by the annexing city or town a franchise to continue such business within the annexed territory for a term of not less than the remaining term of the original franchise or permit, or not less than seven years, whichever is the shorter period, and the city or town, by franchise, permit, or public operation, shall not extend similar or competing services to the annexed territory except upon a proper showing of the inability or refusal of such person, firm, or corporation to adequately service the annexed territory at a reasonable price. Upon the effective date specified by the city or town council's ordinance or resolution to have the city or town contract for solid waste collection or undertake solid waste collection itself, the transition period specified in this section begins to run. This section does not preclude the purchase by the annexing city or town of the franchise, business, or facilities at an agreed or negotiated price, or from acquiring the same by condemnation upon payment of damages, including a reasonable amount for the loss of the franchise or permit. In the event that any person, firm, or corporation whose franchise or permit has been canceled by the terms of this section suffers any measurable damages as a result of any annexation pursuant to this chapter, such person, firm, or corporation has a right of action against any city or town causing such damages.

Sec. 35   RCW 35.21.455 and 1996 c 32 s 3 are each amended to read as follows:
     (1) As used in this section:
     (a) "Attachment" means the affixation or installation of any wire, cable or other physical material capable of carrying electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but not limited to cable, and any related device, apparatus, or auxiliary equipment upon any pole owned or controlled in whole or in part by one or more locally regulated utilities where the installation has been made with the necessary consent.
     (b) "Locally regulated utility" means a city owning and operating an electric utility not subject to rate or service regulation by the utilities ((and transportation)) commission.
     (c) "Nondiscriminatory" means that pole owners may not arbitrarily differentiate among or between similar classes of persons approved for attachments.
     (2) All rates, terms, and conditions made, demanded, or received by a locally regulated utility for attachments to its poles must be just, reasonable, nondiscriminatory, and sufficient. A locally regulated utility shall levy attachment space rental rates that are uniform for the same class of service within the locally regulated utility service area.
     (3) Nothing in this section shall be construed or is intended to confer upon the utilities ((and transportation)) commission any authority to exercise jurisdiction over locally regulated utilities.

Sec. 36   RCW 35.58.240 and 1981 c 25 s 1 are each amended to read as follows:
     If a metropolitan municipal corporation shall be authorized to perform the function of metropolitan transportation, it shall have the following powers in addition to the general powers granted by this chapter:
     (1) To prepare, adopt, and carry out a general comprehensive plan for public transportation service which will best serve the residents of the metropolitan area and to amend said plan from time to time to meet changed conditions and requirements.
     (2) To acquire by purchase, condemnation, gift, or grant and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of metropolitan transportation facilities and properties within or without the metropolitan area, including systems of surface, underground, or overhead railways, tramways, buses, or any other means of local transportation except taxis, and including escalators, moving sidewalks, or other people-moving systems, passenger terminal and parking facilities and properties, and such other facilities and properties as may be necessary for passenger and vehicular access to and from such people-moving systems, terminal and parking facilities and properties, together with all lands, rights of way, property, equipment, and accessories necessary for such systems and facilities. Public transportation facilities and properties which are owned by any city may be acquired or used by the metropolitan municipal corporation only with the consent of the city council of the city owning such facilities. Cities are hereby authorized to convey or lease such facilities to metropolitan corporations or to contract for their joint use on such terms as may be fixed by agreement between the city council of such city and the metropolitan council, without submitting the matter to the voters of such city.
     ((The facilities and properties of a metropolitan public transportation system whose vehicles will operate primarily within the rights of way of public streets, roads, or highways, may be acquired, developed and operated without the corridor and design hearings which are required by RCW 35.58.273 for mass transit facilities operating on a separate right of way.))
     (3) To fix rates, tolls, fares, and charges for the use of such facilities and to establish various routes and classes of service. Fares or charges may be adjusted or eliminated for any distinguishable class of users including, but not limited to, senior citizens, ((handicapped)) persons with disabilities, and students. Classes of service and fares will be maintained in the several parts of the metropolitan area at such levels as will provide, insofar as reasonably practicable, that the portion of any annual transit operating deficit of the metropolitan municipal corporation attributable to the operation of all routes, taken as a whole, which are located within the central city is approximately in proportion to the portion of total taxes collected by or on behalf of the metropolitan municipal corporation for transit purposes within the central city, and that the portion of such annual transit operating deficit attributable to the operation of all routes, taken as a whole, which are located outside the central city, is approximately in proportion to the portion of such taxes collected outside the central city.
     ((In the event any metropolitan municipal corporation shall extend its metropolitan transportation function to any area or service already offered by any company holding a certificate of public convenience and necessity from the Washington utilities and transportation commission under RCW 81.68.040, it shall by purchase or condemnation acquire at the fair market value, from the person holding the existing certificate for providing the services, that portion of the operating authority and equipment representing the services within the area of public operation.))

Sec. 37   RCW 35.58.250 and 1965 c 7 s 35.58.250 are each amended to read as follows:
     Except in accordance with an agreement made as provided herein, upon the effective date on which the metropolitan municipal corporation commences to perform the metropolitan transportation function, no person or private corporation shall operate a local public passenger transportation service within the metropolitan area with the exception of taxis, busses owned or operated by a school district or private school, and busses owned or operated by any corporation or organization solely for the purposes of the corporation or organization and for the use of which no fee or fare is charged.
     An agreement may be entered into between the metropolitan municipal corporation and any person or corporation legally operating a local public passenger transportation service wholly within or partly within and partly without the metropolitan area and on said effective date under which such person or corporation may continue to operate such service or any part thereof for such time and upon such terms and conditions as provided in such agreement. Where any such local public passenger transportation service will be required to cease to operate within the metropolitan area, the commission may agree with the owner of such service to purchase the assets used in providing such service, or if no agreement can be reached, the commission shall condemn such assets in the manner provided herein for the condemnation of other properties.
     ((Wherever a)) Any privately owned public carrier ((operates)) operating wholly or partly within a metropolitan municipal corporation((, the Washington utilities and transportation commission)) shall ((continue to exercise jurisdiction over such operation)) comply with all rules and safety requirements as provided by law.

Sec. 38   RCW 35.84.060 and 2003 c 363 s 302 are each amended to read as follows:
     Every municipal corporation which owns or operates an urban public transportation system as defined in RCW 47.04.082 within its corporate limits may acquire, construct, extend, own, or operate such urban public transportation system to any point or points not to exceed fifteen miles outside of its corporate limits((: PROVIDED, That no municipal corporation shall extend its urban public transportation system beyond its corporate limits to operate in any territory already served by a privately operated auto transportation company holding a certificate of public convenience and necessity from the utilities and transportation commission)).
     As a condition of receiving state funding, the municipal corporation shall submit a maintenance management plan for certification by the transportation commission or its successor entity. The plan must inventory all transportation system assets within the direction and control of the municipality, and provide a preservation plan based on lowest life-cycle cost methodologies.

Sec. 39   RCW 35.92.052 and 1997 c 230 s 1 are each amended to read as follows:
     (1) Except as provided in subsection (3) of this section, cities of the first class which operate electric generating facilities and distribution systems shall have power and authority to participate and enter into agreements for the use or undivided ownership of high voltage transmission facilities and capacity rights in those facilities and for the undivided ownership of any type of electric generating plants and facilities, including, but not limited to, nuclear and other thermal power generating plants and facilities and transmission facilities including, but not limited to, related transmission facilities, to be called "common facilities"; and for the planning, financing, acquisition, construction, operation, and maintenance with: (a) Each other; (b) electrical companies which are subject to the jurisdiction of the ((Washington)) utilities ((and transportation)) commission or the regulatory commission of any other state, to be called "regulated utilities"; (c) rural electric cooperatives, including generation and transmission cooperatives in any state; (d) municipal corporations, utility districts, or other political subdivisions in any state; and (e) any agency of the United States authorized to generate or transmit electrical energy. It shall be provided in such agreements that each city shall use or own a percentage of any common facility equal to the percentage of the money furnished or the value of property supplied by it for the acquisition and construction of or additions or improvements to the facility and shall own and control or provide for the use of a like percentage of the electrical transmission or output.
     (2) A city using or owning common facilities under this section may issue revenue bonds or other obligations to finance the city's share of the use or ownership of the common facilities.
     (3) Cities of the first class shall have the power and authority to participate and enter into agreements for the use or undivided ownership of a coal-fired thermal electric generating plant and facility placed in operation before July 1, 1975, including related common facilities, and for the planning, financing, acquisition, construction, operation, and maintenance of the plant and facility. It shall be provided in such agreements that each city shall use or own a percentage of any common facility equal to the percentage of the money furnished or the value of property supplied by the city for the acquisition and construction of or additions or improvements to the facility and shall own and control or provide for the use of a like percentage of the electrical transmission or output of the facility. Cities may enter into agreements under this subsection with each other, with regulated utilities, with rural electric cooperatives, with utility districts, with electric companies subject to the jurisdiction of the regulatory commission of any other state, and with any power marketer subject to the jurisdiction of the federal energy regulatory commission.
     (4) The agreement must provide that each participant shall defray its own interest and other payments required to be made or deposited in connection with any financing undertaken by it to pay its percentage of the money furnished or value of property supplied by it for the planning, acquisition, and construction of any common facility, or any additions or betterments. The agreement shall provide a uniform method of determining and allocating operation and maintenance expenses of a common facility.
     (5) Each city participating in the ownership, use, or operation of a common facility shall pay all taxes chargeable to its share of the common facility and the electric energy generated under any applicable statutes and may make payments during preliminary work and construction for any increased financial burden suffered by any county or other existing taxing district in the county in which the common facility is located, under agreement with such county or taxing district.
     (6) In carrying out the powers granted in this section, each such city shall be severally liable only for its own acts and not jointly or severally liable for the acts, omissions, or obligations of others. No money or property supplied by any such city for the planning, financing, acquisition, construction, operation, or maintenance of, or addition or improvement to any common facility shall be credited or otherwise applied to the account of any other participant therein, nor shall the undivided share of any city in any common facility be charged, directly or indirectly, with any debt or obligation of any other participant or be subject to any lien as a result thereof. No action in connection with a common facility shall be binding upon any city unless authorized or approved by resolution or ordinance of its governing body.
     (7) Any city acting jointly outside the state of Washington, by mutual agreement with any participant under authority of this section, shall not acquire properties owned or operated by any public utility district, by any regulated utility, or by any public utility owned by a municipality without the consent of the utility owning or operating the property, and shall not participate in any condemnation proceeding to acquire such properties.

Sec. 40   RCW 35.97.040 and 1983 c 216 s 4 are each amended to read as follows:
     In addition to the general powers under RCW 35.97.030, and not by way of limitation, municipalities have the following specific powers:
     (1) The usual powers of a corporation, to be exercised for public purposes;
     (2) To acquire by purchase, gift, or condemnation property or interests in property within and without the municipality, necessary for the construction and operation of heating systems, including additions and extensions of heating systems. No municipality may acquire any heat source by condemnation. To the extent judged economically feasible by the municipality, public property and rights of way shall be utilized in lieu of private property acquired by condemnation. The municipality shall determine in cooperation with existing users that addition of district heating facilities to any public property or rights of way shall not be a hazard or interference with existing uses or, if so, that the cost for any relocation of facilities of existing users shall be a cost and expense of installing the heating facility;
     (3) To acquire, install, add to, maintain, and operate heating facilities at a heat source or to serve particular consumers of heat, whether such facilities are located on property owned by the municipality, by the consumer of heat, or otherwise;
     (4) To sell, lease, or otherwise dispose of heating facilities;
     (5) To contract for the operation of heating facilities;
     (6) To apply and qualify for and receive any private or federal grants, loans, or other funds available for carrying out the objects of the municipality under this chapter;
     (7) Full and exclusive authority to sell and regulate and control the use, distribution, rates, service, charges, and price of all heat supplied by the municipality and to carry out any other powers and duties under this chapter free from the jurisdiction and control of the utilities ((and transportation)) commission;
     (8) To utilize fuels other than the heat sources described in RCW 35.97.020 on a standby basis, to meet start up and emergency requirements, to meet peak demands, or to supplement those heat sources as necessary to provide a reliable and economically feasible supply of heat;
     (9) To the extent permitted by the state Constitution, to make loans for the purpose of enabling suppliers or consumers of heat to finance heating facilities;
     (10) To enter into cooperative agreements providing for the acquisition, construction, ownership, financing, use, control, and regulation of heating systems and heating facilities by more than one municipality or by one or more municipalities on behalf of other municipalities.

Sec. 41   RCW 35A.14.900 and 1997 c 171 s 3 are each amended to read as follows:
     The annexation by any code city of any territory pursuant to this chapter shall cancel, as of the effective date of such annexation, any franchise or permit theretofore granted to any person, firm, or corporation by the state of Washington, or by the governing body of such annexed territory, authorizing or otherwise permitting the operation of any public utility, including but not limited to, public electric, water, transportation, garbage disposal, or other similar public service business or facility within the limits of the annexed territory, but the holder of any such franchise or permit canceled pursuant to this section shall be forthwith granted by the annexing code city a franchise to continue such business within the annexed territory for a term of not less than seven years from the date of issuance thereof, and the annexing code city, by franchise, permit, or public operation, shall not extend similar or competing services to the annexed territory except upon a proper showing of the inability or refusal of such person, firm, or corporation to adequately service said annexed territory at a reasonable price: PROVIDED, That the provisions of this section shall not preclude the purchase by the annexing code city of said franchise, business, or facilities at an agreed or negotiated price, or from acquiring the same by condemnation upon payment of damages, including a reasonable amount for the loss of the franchise or permit. In the event that any person, firm, or corporation whose franchise or permit has been canceled by the terms of this section shall suffer any measurable damages as a result of any annexation pursuant to the provisions of the laws above-mentioned, such person, firm, or corporation shall have a right of action against any code city causing such damages.
     After an annexation by a code city, the utilities ((and transportation)) commission shall continue to regulate solid waste collection within the limits of the annexed territory until such time as the city notifies the commission, in writing, of its decision to contract for solid waste collection or provide solid waste collection itself ((pursuant to RCW 81.77.020)) as provided by law. In the event the annexing city at any time decides to contract for solid waste collection or decides to undertake solid waste collection itself, the holder of any such franchise or permit that is so canceled in whole or in part shall be forthwith granted by the annexing city a franchise to continue such business within the annexed territory for a term of not less than the remaining term of the original franchise or permit, or not less than seven years, whichever is the shorter period, and the city, by franchise, permit, or public operation, shall not extend similar or competing services to the annexed territory except upon a proper showing of the inability or refusal of such person, firm, or corporation to adequately service the annexed territory at a reasonable price. Upon the effective date specified by the code city council's ordinance or resolution to have the code city contract for solid waste collection or undertake solid waste collection itself, the transition period specified in this section begins to run. This section does not preclude the purchase by the annexing city of the franchise, business, or facilities at an agreed or negotiated price, or from acquiring the same by condemnation upon payment of damages, including a reasonable amount for the loss of the franchise or permit. In the event that any person, firm, or corporation whose franchise or permit has been canceled by the terms of this section suffers any measurable damages as a result of any annexation pursuant to this chapter, such person, firm, or corporation has a right of action against any city causing such damages.

Sec. 42   RCW 35A.21.125 and 1996 c 32 s 4 are each amended to read as follows:
     (1) As used in this section:
     (a) "Attachment" means the affixation or installation of any wire, cable or other physical material capable of carrying electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but not limited to cable, and any related device, apparatus, or auxiliary equipment upon any pole owned or controlled in whole or in part by one or more locally regulated utilities where the installation has been made with the necessary consent.
     (b) "Locally regulated utility" means a code city owning and operating an electric utility not subject to rate or service regulation by the utilities ((and transportation)) commission.
     (c) "Nondiscriminatory" means that pole owners may not arbitrarily differentiate among or between similar classes of persons approved for attachments.
     (2) All rates, terms, and conditions made, demanded, or received by a locally regulated utility for attachments to its poles must be just, reasonable, nondiscriminatory, and sufficient. A locally regulated utility shall levy attachment space rental rates that are uniform for the same class of service within the locally regulated utility service area.
     (3) Nothing in this section shall be construed or is intended to confer upon the utilities ((and transportation)) commission any authority to exercise jurisdiction over locally regulated utilities.

Sec. 43   RCW 35A.81.010 and 1983 c 3 s 73 are each amended to read as follows:
     ((Motor vehicles owned and operated by any code city shall be exempt from the provisions of chapter 81.80 RCW, except where specifically otherwise provided.)) Urban passenger transportation systems shall receive a refund of the amount of the motor vehicle fuel tax paid on each gallon of motor vehicle fuel used in such systems to the extent authorized by chapter 82.36 RCW. Notwithstanding any provision of the law to the contrary, every urban passenger transportation system as defined in RCW 82.38.080 shall be exempt from the provisions of chapter 82.38 RCW which requires the payment of use fuel taxes.

Sec. 44   RCW 36.57.040 and 1982 c 10 s 6 are each amended to read as follows:
     Every county transportation authority created to perform the function of public transportation pursuant to RCW 36.57.020 shall have the following powers:
     (1) To prepare, adopt, carry out, and amend a general comprehensive plan for public transportation service.
     (2) To acquire by purchase, condemnation, gift, or grant and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of any transportation facilities and properties, including terminal and parking facilities, together with all lands, rights of way, property, equipment, and accessories necessary for such systems and facilities.
     (3) To fix rates, tolls, fares, and charges for the use of such facilities and to establish various routes and classes of service. Fares or charges may be adjusted or eliminated for any distinguishable class of users including, but not limited to senior citizens, ((handicapped)) persons with disabilities, and students.
     (4) ((If a county transit authority extends its transportation function to any area in which service is already offered by any company holding a certificate of public convenience and necessity from the Washington utilities and transportation commission under RCW 81.68.040, to acquire by purchase or condemnation at the fair market value, from the person holding the existing certificate for providing the services, that portion of the operating authority and equipment representing the services within the area of public operation, or to contract with such person or corporation to continue to operate such service or any part thereof for time and upon such terms and conditions as provided by contract.
     (5)))(a) To contract with the United States or any agency thereof, any state or agency thereof, any metropolitan municipal corporation, any other county, city, special district, or governmental agency and any private person, firm, or corporation for the purpose of receiving gifts or grants or securing loans or advances for preliminary planning and feasibility studies, or for the design, construction, operation, or maintenance of transportation facilities and ambulance services: PROVIDED, That before the authority enters into any such contract for the provision of ambulance service, it shall submit to the voters a proposition authorizing such contracting authority, and a majority of those voting thereon shall have approved the proposition; and
     (b) To contract with any governmental agency or with any private person, firm, or corporation for the use by either contracting party of all or any part of the facilities, structures, lands, interests in lands, air rights over lands, and rights of way of all kinds which are owned, leased, or held by the other party and for the purpose of planning, constructing, or operating any facility or performing any service related to transportation which the county is authorized to operate or perform, on such terms as may be agreed upon by the contracting parties: PROVIDED, That before any contract for the lease or operation of any transportation facilities shall be let to any private person, firm, or corporation, competitive bids shall first be called for and contracts awarded in accord with the procedures established in accord with RCW 36.32.240, 36.32.250, and 36.32.270.
     (((6))) (5) In addition to all other powers and duties, an authority shall have the power to own, construct, purchase, lease, add to, and maintain any real and personal property or property rights necessary for the conduct of the affairs of the authority. An authority may sell, lease, convey, or otherwise dispose of any authority real or personal property no longer necessary for the conduct of the affairs of the authority. An authority may enter into contracts to carry out the provisions of this section.

Sec. 45   RCW 36.57A.090 and 1981 c 25 s 4 are each amended to read as follows:
     A public transportation benefit area authority shall have the following powers in addition to the general powers granted by this chapter:
     (1) To prepare, adopt, and carry out a general comprehensive plan for public transportation service which will best serve the residents of the public transportation benefit area and to amend said plan from time to time to meet changed conditions and requirements.
     (2) To acquire by purchase, condemnation, gift, or grant and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of transportation facilities and properties within or without the public transportation benefit area or the state, including systems of surface, underground, or overhead railways, tramways, buses, or any other means of local transportation except taxis, and including escalators, moving sidewalks, or other people-moving systems, passenger terminal and parking facilities and properties, and such other facilities and properties as may be necessary for passenger and vehicular access to and from such people-moving systems, terminal and parking facilities and properties, together with all lands, rights of way, property, equipment, and accessories necessary for such systems and facilities. Public transportation facilities and properties which are owned by any city may be acquired or used by the public transportation benefit area authority only with the consent of the city council of the city owning such facilities. Cities are hereby authorized to convey or lease such facilities to a public transportation benefit area authority or to contract for their joint use on such terms as may be fixed by agreement between the city council of such city and the public transportation benefit area authority, without submitting the matter to the voters of such city.
     ((The facilities and properties of a public transportation benefit area system whose vehicles will operate primarily within the rights of way of public streets, roads, or highways, may be acquired, developed, and operated without the corridor and design hearings which are required by RCW 35.58.273, as now or hereafter amended, for mass transit facilities operating on a separate right of way.))
     (3) To fix rates, tolls, fares, and charges for the use of such facilities and to establish various routes and classes of service. Fares or charges may be adjusted or eliminated for any distinguishable class of users including, but not limited to, senior citizens, ((handicapped)) persons with disabilities, and students.
     ((In the event any person holding a certificate of public convenience and necessity from the Washington utilities and transportation commission under RCW 81.68.040 has operated under such certificate for a continuous period of one year prior to the date of certification and is offering service within the public transportation benefit area on the date of the certification by the county canvassing board that a majority of votes cast authorize a tax to be levied and collected by the public transportation benefit area authority, such authority may by purchase or condemnation acquire at the fair market value, from the person holding the existing certificate for providing the services, that portion of the operating authority and equipment representing the services within the area of public operation. The person holding such existing certificate may require the public transportation benefit area authority to initiate such purchase of those assets of such person, existing as of the date of the county canvassing board certification, within sixty days after the date of such certification.))

Sec. 46   RCW 36.57A.100 and 2003 c 83 s 210 are each amended to read as follows:
     Except in accordance with an agreement made as provided in this section or in accordance with the provisions of RCW 36.57A.090(3) as now or hereafter amended, upon the effective date on which the public transportation benefit area commences to perform the public transportation service, no person or private corporation shall operate a local public passenger transportation service, including passenger-only ferry service, within the public transportation benefit area with the exception of taxis, buses owned or operated by a school district or private school, and buses owned or operated by any corporation or organization solely for the purposes of the corporation or organization and for the use of which no fee or fare is charged.
     An agreement may be entered into between the public transportation benefit area authority and any person or corporation legally operating a local public passenger transportation service, including passenger-only ferry service, wholly within or partly within and partly without the public transportation benefit area and on said effective date under which such person or corporation may continue to operate such service or any part thereof for such time and upon such terms and conditions as provided in such agreement. Such agreement shall provide for a periodic review of the terms and conditions contained therein. Where any such local public passenger transportation service, including passenger-only ferry service, will be required to cease to operate within the public transportation benefit area, the public transportation benefit area authority may agree with the owner of such service to purchase the assets used in providing such service, or if no agreement can be reached, the public transportation benefit area authority shall condemn such assets in the manner and by the same procedure as is or may be provided by law for the condemnation of other properties for cities of the first class, except insofar as such laws may be inconsistent with the provisions of this chapter.
     ((Wherever a privately owned public carrier operates wholly or partly within a public transportation benefit area, the Washington utilities and transportation commission shall continue to exercise jurisdiction over such operation as provided by law.))

Sec. 47   RCW 36.58.040 and 1992 c 131 s 3 are each amended to read as follows:
     (1) The legislative authority of a county may by ordinance provide for the establishment of a system or systems of solid waste handling for all unincorporated areas of the county or for portions thereof. A county may designate a disposal site or sites for all solid waste collected in the unincorporated areas pursuant to the provisions of a comprehensive solid waste plan adopted pursuant to chapter 70.95 RCW. However, for any solid waste collected by a private hauler operating under a certificate granted by the ((Washington)) utilities ((and transportation)) commission ((under the provisions of chapter 81.77 RCW)), and which certificate is for collection in a geographic area lying in more than one county, such designation of disposal sites shall be pursuant to an interlocal agreement between the involved counties.
     (2) A county may construct, lease, purchase, acquire, add to, alter, or extend solid waste handling systems, plants, sites, or other facilities and shall have full jurisdiction and authority to manage, regulate, maintain, utilize, operate, control, and establish the rates and charges for those solid waste handling systems, plants, sites, or other facilities. A county may enter into agreements with public or private parties to: (((1))) (a) Construct, purchase, acquire, lease, add to, alter, extend, maintain, manage, utilize, or operate publicly or privately owned or operated solid waste handling systems, plants, sites, or other facilities; (((2))) (b) establish rates and charges for those systems, plants, sites, or other facilities; (((3))) (c) designate particular publicly or privately owned or operated systems, plants, sites, or other facilities as disposal sites; (((4))) (d) process, treat, or convert solid waste into other valuable or useful materials or products; and (((5))) (e) sell the material or products of those systems, plants, or other facilities.
     (3) The legislative authority of a county may award contracts for solid waste handling that provide that a county provide for a minimum periodic fee or other method of compensation in consideration of the operational availability of those solid waste handling systems, plants, sites, or other facilities at a specified minimum level, without regard to the ownership of the systems, plants, sites or other facilities, or the amount of solid waste actually handled during all or any part of the contract. When a minimum level of solid waste is specified in a contract entered into under this section, there shall be a specific allocation of financial responsibility in the event the amount of solid waste handled falls below the minimum level provided in the contract. Solid waste handling systems, plants, sites, or other facilities constructed, purchased, acquired, leased, added to, altered, extended, maintained, managed, utilized, or operated pursuant to this section, whether publicly or privately owned, shall be in substantial compliance with the solid waste management plan applicable to the county adopted pursuant to chapter 70.95 RCW. Agreements relating to such solid waste handling systems, ((plans [plants])) plants, sites, or other facilities may be for such term and may contain such covenants, conditions, and remedies as the legislative authority of the county may deem necessary or appropriate.
     (4) As used in this chapter, the terms "solid waste" and "solid waste handling" shall be as defined in RCW 70.95.030.
     (5) The legislative authority of a county may:
     (((1))) (a) By ordinance award a contract to collect source separated recyclable materials from residences within unincorporated areas. The legislative authority has complete authority to manage, regulate, and fix the price of the source separated recyclable collection service. The contracts may provide that the county pay minimum periodic fees to a municipal entity or permit holder; or
     (((2))) (b) Notify the commission in writing to carry out and implement the provisions of the waste reduction and recycling element of the comprehensive solid waste management plan.
     (6) This election may be made by counties at any time after July 23, 1989. An initial election must be made no later than ninety days following approval of the local comprehensive waste management plan required by RCW 70.95.090.
     (7) Nothing in this section shall be construed to authorize the operation of a solid waste collection system by counties or to authorize counties to affect the authority of the utilities ((and transportation)) commission under RCW 81.77.020 (as recodified by this act).

Sec. 48   RCW 36.58.045 and 1989 c 431 s 15 are each amended to read as follows:
     (1) The legislative authority of any county may impose a fee upon the solid waste collection services of a solid waste collection company operating within the unincorporated areas of the county, to fund the administration and planning expenses that may be incurred by the county in complying with the requirements in RCW 70.95.090. The fee may be in addition to any other solid waste services fees and charges a county may legally impose.
     (2) Each county imposing the fee authorized by this section shall notify the ((Washington)) utilities ((and transportation)) commission and the affected solid waste collection companies of the amount of the fee ninety days prior to its implementation.

Sec. 49   RCW 36.58.050 and 1975-'76 2nd ex.s. c 58 s 3 are each amended to read as follows:
     When a comprehensive solid waste plan, as provided in RCW 70.95.080, incorporates the use of transfer stations, such stations shall be considered part of the disposal site and as such, along with the transportation of solid wastes between disposal sites, shall be exempt from regulation by the ((Washington)) utilities ((and transportation)) commission ((as provided in)) under chapter 81.77 RCW (as recodified by this act).
     Each county may enter into contracts for the hauling of trailers of solid wastes from these transfer stations to disposal sites and return either by (1) the normal bidding process, or (2) negotiation with the qualified collection company servicing the area under ((authority of)) chapter 81.77 RCW (as recodified by this act).

Sec. 50   RCW 36.58A.030 and 1971 ex.s. c 293 s 4 are each amended to read as follows:
     No solid waste collection district shall be established in an area within the county boundaries unless the county legislative authority, after the hearing regarding formation of such district, determines from that hearing that mandatory solid waste collection is in the public interest and necessary for the preservation of public health. Such determination by the county legislative authority shall require the utilities ((and transportation)) commission to investigate and make a finding as to the ability and willingness of the existing garbage and refuse collection companies servicing the area to provide the required service.
     If the utilities ((and transportation)) commission finds that the existing garbage and refuse collection company or companies are unable or unwilling to provide the required service it shall proceed to issue a certificate of public need and necessity to any qualified person or corporation in accordance with the provisions of RCW 81.77.040 (as recodified by this act).
     The utilities ((and transportation)) commission shall notify the county legislative authority within sixty days of its findings and actions and if no qualified garbage and refuse collection company or companies are available in the proposed solid waste collection district, the county legislative authority may provide county garbage and refuse collection services in the area and charge and collect reasonable fees therefor. The county shall not provide service in any portion of the area found by the utilities ((and transportation)) commission to be receiving adequate service from an existing certificated carrier unless the county shall acquire the rights of such existing certificated carrier by purchase or condemnation.

Sec. 51   RCW 36.58A.040 and 1971 ex.s. c 293 s 6 are each amended to read as follows:
     If any garbage and refuse collection company certified by the utilities ((and transportation)) commission which operates in any solid waste collection district fails to collect any fees due and payable to it for garbage and refuse collection services, such company may request the county to collect such fees. Upon the collection of such fees, the county shall pay one-half of the fees actually collected to the garbage and refuse collection company entitled to receive such and shall deposit the remaining one-half in the county general fund.
     When the county undertakes to collect such fees as requested by the garbage and refuse collection companies, the county shall be subrogated to all of the rights of such companies. Any such fees which the county fails to collect shall become liens on the real or personal property of the persons owing such fees and the county may take all appropriate legal action to enforce such liens.

Sec. 52   RCW 36.86.100 and 1983 c 19 s 1 are each amended to read as follows:
     Each railroad company shall keep its right of way clear of all brush and timber in the vicinity of a railroad grade crossing with a county road for a distance of one hundred feet from the crossing in such a manner as to permit a person upon the road to obtain an unobstructed view in both directions of an approaching train. The county legislative authority shall cause brush and timber to be cleared from the right of way of county roads in the proximity of a railroad grade crossing for a distance of one hundred feet from the crossing in such a manner as to permit a person traveling upon the road to obtain an unobstructed view in both directions of an approaching train. It is unlawful to erect or maintain a sign, signboard, or billboard within a distance of one hundred feet from the point of intersection of the road and railroad grade crossing located outside the corporate limits of any city or town unless, after thirty days notice to the ((Washington)) utilities ((and transportation)) commission and the railroad operating the crossing, the county legislative authority determines that it does not obscure the sight distance of a person operating a vehicle or train approaching the grade crossing.
     When a person who has erected or who maintains such a sign, signboard, or billboard or when a railroad company permits such brush or timber in the vicinity of a railroad grade crossing with a county road or permits the surface of a grade crossing to become inconvenient or dangerous for passage and who has the duty to maintain it, fails, neglects, or refuses to remove or cause to be removed such brush, timber, sign, signboard, or billboard, or maintain the surface of the crossing, the utilities ((and transportation)) commission upon complaint of the county legislative authority or upon complaint of any party interested, or upon its own motion, shall enter upon a hearing in the manner now provided for hearings with respect to railroad-highway grade crossings, and make and enforce proper orders for the removal of the brush, timber, sign, signboard or billboard, or maintenance of the crossing. Nothing in this section prevents the posting or maintaining thereon of highway or road signs or traffic devices giving directions or distances for the information of the public when the signs conform to the "Manual for Uniform Traffic Control Devices" issued by the state department of transportation. The county legislative authority shall inspect highway grade crossings and make complaint of the violation of any provisions of this section.

Sec. 53   RCW 38.52.520 and 1991 c 54 s 4 are each amended to read as follows:
     A state enhanced 911 coordination office, headed by the state enhanced 911 coordinator, is established in the emergency management division of the department. Duties of the office shall include:
     (1) Coordinating and facilitating the implementation and operation of enhanced 911 emergency communications systems throughout the state;
     (2) Seeking advice and assistance from, and providing staff support for, the enhanced 911 advisory committee; and
     (3) Recommending to the utilities ((and transportation)) commission by August 31st of each year the level of the state enhanced 911 excise tax for the following year.

Sec. 54   RCW 38.52.530 and 2006 c 210 s 1 are each amended to read as follows:
     The enhanced 911 advisory committee is created to advise and assist the state enhanced 911 coordinator in coordinating and facilitating the implementation and operation of enhanced 911 throughout the state. The director shall appoint members of the committee who represent diverse geographical areas of the state and include state residents who are members of the national emergency number association, the associated public communications officers Washington chapter, the Washington state fire chiefs association, the Washington association of sheriffs and police chiefs, the Washington state council of fire fighters, the Washington state council of police officers, the Washington ambulance association, the state fire protection policy board, the Washington fire commissioners association, the Washington state patrol, the association of Washington cities, the Washington state association of counties, the utilities ((and transportation)) commission or commission staff, a representative of a voice over internet protocol company, and an equal number of representatives of large and small local exchange telephone companies and large and small radio communications service companies offering commercial mobile radio service in the state. This section expires December 31, 2011.

Sec. 55   RCW 39.29.040 and 2002 c 260 s 11 and 2002 c 200 s 2 are each reenacted and amended to read as follows:
     This chapter does not apply to:
     (1) Contracts specifying a fee of less than five thousand dollars if the total of the contracts from that agency with the contractor within a fiscal year does not exceed five thousand dollars;
     (2) Contracts awarded to companies that furnish a service where the tariff is established by the utilities ((and transportation)) commission or other public entity;
     (3) Intergovernmental agreements awarded to any governmental entity, whether federal, state, or local and any department, division, or subdivision thereof;
     (4) Contracts awarded for services to be performed for a standard fee, when the standard fee is established by the contracting agency or any other governmental entity and a like contract is available to all qualified applicants;
     (5) Contracts for services that are necessary to the conduct of collaborative research if prior approval is granted by the funding source;
     (6) Contracts for client services except as otherwise indicated in this chapter;
     (7) Contracts for architectural and engineering services as defined in RCW 39.80.020, which shall be entered into under chapter 39.80 RCW;
     (8) Contracts for the employment of expert witnesses for the purposes of litigation;
     (9) Contracts for bank supervision authorized under RCW 30.38.040; and
     (10) Contracts for interpreter services and interpreter brokerage services on behalf of limited-English speaking or sensory-impaired applicants and recipients of public assistance.

Sec. 56   RCW 39.34.085 and 1977 c 46 s 1 are each amended to read as follows:
     In addition to the other powers granted by chapter 39.34 RCW, one or more cities or towns or a county, or any combination thereof, may enter into agreements with each other or with a public transportation agency of a contiguous state, or contiguous Canadian province, to allow a city or such other transportation agency to operate bus service for the transportation of the general public within the territorial boundaries of such city and/or county or to allow such city and/or county to operate such bus service within the jurisdiction of such other public agency ((when no such existing bus certificate of public convenience and necessity has been authorized by the Washington utilities and transportation commission: PROVIDED, HOWEVER, That such transportation may extend beyond the territorial boundaries of either party to the agreement if the agreement so provides, and if such service is not in conflict with existing bus service authorized by the Washington utilities and transportation commission. The provisions of this section shall be cumulative and nonexclusive and shall not affect any other right granted by this chapter or any other provision of law)).

Sec. 57   RCW 39.35C.030 and 1996 c 186 s 407 are each amended to read as follows:
     (1) The department shall consult with the local utilities to develop priorities for energy conservation projects pursuant to this chapter, cooperate where possible with existing utility programs, and consult with the local utilities prior to implementing projects in their service territory.
     (2) A local utility shall be offered the initial opportunity to participate in the development of conservation projects in the following manner:
     (a) Before initiating projects in a local utility service territory, the department shall notify the local utility in writing, on an annual basis, of public facilities in the local utility's service territory at which the department anticipates cost-effective conservation projects will be developed.
     (b) Within sixty days of receipt of this notification, the local utility may express interest in these projects by submitting to the department a written description of the role the local utility is willing to perform in developing and acquiring the conservation at these facilities. This role may include any local utility conservation programs which would be available to the public facility, any competitive bidding or solicitation process which the local utility will be undertaking in accordance with the rules of the utilities ((and transportation)) commission or the public utility district, municipal utility, cooperative, or mutual governing body for which the public facility would be eligible, or any other role the local utility may be willing to perform.
     (c) Upon receipt of the written description from the local utility, the department shall, through discussions with the local utility, and with involvement from state agencies and school districts responsible for the public facilities, develop a plan for coordinated delivery of conservation services and financing or make a determination of whether to participate in the local utility's competitive bidding or solicitation process. The plan shall identify the local utility in roles that the local utility is willing to perform and that are consistent with the provisions of RCW 39.35C.040(2) (d) and (e).

Sec. 58   RCW 39.35C.080 and 1996 c 186 s 412 and 1996 c 33 s 4 are each reenacted and amended to read as follows:
     It is the intention of chapter 201, Laws of 1991 that the state and its agencies are compensated fairly for the energy provided to utilities from cogeneration at state facilities. Such compensation may include revenues from sales of electricity or thermal energy to utilities, lease of state properties, and value of thermal energy provided to the facility. It is also the intent of chapter 201, Laws of 1991 that the state and its agencies be accorded the opportunity to compete on a fair and reasonable basis to fulfill a utility's new resource acquisition needs when selling the energy produced from cogeneration projects at state facilities through energy purchase agreements.
     (1)(a) The department and state agencies may participate in any utility request for resource proposal process, as either established under the rules and regulations of the utilities ((and transportation)) commission, or by the governing board of a public utility district, municipal utility, cooperative, or mutual.
     (b) If a local utility does not have a request for resource proposal pending, the ((energy office [department])) department or a state agency may negotiate an equitable and mutually beneficial energy purchase agreement with that utility.
     (2) To ensure an equitable allocation of benefits to the state and its agencies, the following conditions shall apply to energy purchase agreements negotiated between utilities and state agencies:
     (a) An energy purchase agreement shall be approved by both the department and the affected state agency.
     (b) The department and the state agency shall work together throughout the planning and negotiation process for energy purchase agreements, unless the department determines that its participation will not further the purposes of this section.
     (c) Before approving an energy purchase agreement, the department shall review the proposed agreement for its technical and economic feasibility, the degree of certainty of benefits, the degree of financial risk assumed by the state and/or the state agency, the benefits offered to the state and/or state agency, and other such factors as the department deems prudent. The department shall approve an energy purchase agreement unless it finds that such an agreement would not result in an equitable allocation of costs and benefits, in which case the transaction shall be disapproved.
     (3)(a) The state or state agency shall comply with and shall be bound by applicable avoided cost schedules, electric power wheeling charges, interconnection requirements, utility tariffs, and regulatory provisions to the same extent it would be required to comply and would be bound if it were a private citizen. The state shall neither seek regulatory advantage, nor change regulations, regulatory policy, process, or decisions to its advantage as a seller of cogenerated energy. Nothing contained in chapter 201, Laws of 1991 shall be construed to mandate or require public or private utilities to wheel electric energy resources within or beyond their service territories. Nothing in chapter 201, Laws of 1991 authorizes any state agency or school district to make any sale of energy or waste heat beyond the explicit provisions of chapter 201, Laws of 1991. Nothing contained in chapter 201, Laws of 1991 requires a utility to purchase energy from the state or a state agency or enter into any agreement in connection with a cogeneration facility.
     (b) The state shall neither construct, nor be party to an agreement for developing a cogeneration project at a state facility for the purpose of supplying its own electrical needs, unless it can show that such an arrangement would be in the economic interest of the state taking into account the cost of (i) interconnection requirements, as specified by the local electric utility, (ii) standby charges, as may be required by the local electric utility, and (iii) the current price of electricity offered by the local electric utility. If the local electric utility can demonstrate that the cogeneration project may place an undue burden on the electric utility, the department or the state agency shall attempt to negotiate a mutually beneficial agreement that would minimize the burden upon the ratepayers of the local electric utility.
     (4) Any party to an energy purchase agreement may, within thirty days of any decision made pursuant to subsection (2)(c) of this section to disapprove the agreement made pursuant to this section, request an independent reviewer who is mutually agreeable to all parties to review the decision. The parties shall within thirty days of selection submit to the independent reviewer documentation supporting their positions. The independent reviewer shall render advice regarding the validity of the disapproval within an additional thirty days.
     (5) For the purposes of this section, "waste heat" means the thermal energy that otherwise would be released to the environment from an industrial process, electric generation, or other process.

Sec. 59   RCW 41.26.030 and 2005 c 459 s 1 are each amended to read as follows:
     As used in this chapter, unless a different meaning is plainly required by the context:
     (1) "Retirement system" means the "Washington law enforcement officers' and fire fighters' retirement system" provided herein.
     (2)(a) "Employer" for plan 1 members, means the legislative authority of any city, town, county, or district or the elected officials of any municipal corporation that employs any law enforcement officer and/or fire fighter, any authorized association of such municipalities, and, except for the purposes of RCW 41.26.150, any labor guild, association, or organization, which represents the fire fighters or law enforcement officers of at least seven cities of over 20,000 population and the membership of each local lodge or division of which is composed of at least sixty percent law enforcement officers or fire fighters as defined in this chapter.
     (b) "Employer" for plan 2 members, means the following entities to the extent that the entity employs any law enforcement officer and/or fire fighter:
     (i) The legislative authority of any city, town, county, or district;
     (ii) The elected officials of any municipal corporation;
     (iii) The governing body of any other general authority law enforcement agency; or
     (iv) A four-year institution of higher education having a fully operational fire department as of January 1, 1996.
     (3) "Law enforcement officer" beginning January 1, 1994, means any person who is commissioned and employed by an employer on a full time, fully compensated basis to enforce the criminal laws of the state of Washington generally, with the following qualifications:
     (a) No person who is serving in a position that is basically clerical or secretarial in nature, and who is not commissioned shall be considered a law enforcement officer;
     (b) Only those deputy sheriffs, including those serving under a different title pursuant to county charter, who have successfully completed a civil service examination for deputy sheriff or the equivalent position, where a different title is used, and those persons serving in unclassified positions authorized by RCW 41.14.070 except a private secretary will be considered law enforcement officers;
     (c) Only such full time commissioned law enforcement personnel as have been appointed to offices, positions, or ranks in the police department which have been specifically created or otherwise expressly provided for and designated by city charter provision or by ordinance enacted by the legislative body of the city shall be considered city police officers;
     (d) The term "law enforcement officer" also includes the executive secretary of a labor guild, association or organization (which is an employer under RCW 41.26.030(2)) if that individual has five years previous membership in the retirement system established in chapter 41.20 RCW. The provisions of this subsection (3)(d) shall not apply to plan 2 members; and
     (e) The term "law enforcement officer" also includes a person employed on or after January 1, 1993, as a public safety officer or director of public safety, so long as the job duties substantially involve only either police or fire duties, or both, and no other duties in a city or town with a population of less than ten thousand. The provisions of this subsection (3)(e) shall not apply to any public safety officer or director of public safety who is receiving a retirement allowance under this chapter as of May 12, 1993.
     (4) "Fire fighter" means:
     (a) Any person who is serving on a full time, fully compensated basis as a member of a fire department of an employer and who is serving in a position which requires passing a civil service examination for fire fighter, and who is actively employed as such;
     (b) Anyone who is actively employed as a full time fire fighter where the fire department does not have a civil service examination;
     (c) Supervisory fire fighter personnel;
     (d) Any full time executive secretary of an association of fire protection districts authorized under RCW 52.12.031. The provisions of this subsection (4)(d) shall not apply to plan 2 members;
     (e) The executive secretary of a labor guild, association or organization (which is an employer under RCW 41.26.030(2) as now or hereafter amended), if such individual has five years previous membership in a retirement system established in chapter 41.16 or 41.18 RCW. The provisions of this subsection (4)(e) shall not apply to plan 2 members;
     (f) Any person who is serving on a full time, fully compensated basis for an employer, as a fire dispatcher, in a department in which, on March 1, 1970, a dispatcher was required to have passed a civil service examination for fire fighter;
     (g) Any person who on March 1, 1970, was employed on a full time, fully compensated basis by an employer, and who on May 21, 1971, was making retirement contributions under the provisions of chapter 41.16 or 41.18 RCW; and
     (h) Any person who is employed on a full-time, fully compensated basis by an employer as an emergency medical technician.
     (5) "Department" means the department of retirement systems created in chapter 41.50 RCW.
     (6) "Surviving spouse" means the surviving widow or widower of a member. "Surviving spouse" shall not include the divorced spouse of a member except as provided in RCW 41.26.162.
     (7)(a) "Child" or "children" means an unmarried person who is under the age of eighteen or ((mentally or physically handicapped)) has a physical disability or mental illness as determined by the department, except a ((handicapped)) person with a disability in the full time care of a state institution, who is:
     (i) A natural born child;
     (ii) A stepchild where that relationship was in existence prior to the date benefits are payable under this chapter;
     (iii) A posthumous child;
     (iv) A child legally adopted or made a legal ward of a member prior to the date benefits are payable under this chapter; or
     (v) An illegitimate child legitimized prior to the date any benefits are payable under this chapter.
     (b) A person shall also be deemed to be a child up to and including the age of twenty years and eleven months while attending any high school, college, or vocational or other educational institution accredited, licensed, or approved by the state, in which it is located, including the summer vacation months and all other normal and regular vacation periods at the particular educational institution after which the child returns to school.
     (8) "Member" means any fire fighter, law enforcement officer, or other person as would apply under subsection((s)) (3) or (4) of this section whose membership is transferred to the Washington law enforcement officers' and fire fighters' retirement system on or after March 1, 1970, and every law enforcement officer and fire fighter who is employed in that capacity on or after such date.
     (9) "Retirement fund" means the "Washington law enforcement officers' and fire fighters' retirement system fund" as provided for herein.
     (10) "Employee" means any law enforcement officer or fire fighter as defined in subsections (3) and (4) of this section.
     (11)(a) "Beneficiary" for plan 1 members, means any person in receipt of a retirement allowance, disability allowance, death benefit, or any other benefit described herein.
     (b) "Beneficiary" for plan 2 members, means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by another person.
     (12)(a) "Final average salary" for plan 1 members, means (i) for a member holding the same position or rank for a minimum of twelve months preceding the date of retirement, the basic salary attached to such same position or rank at time of retirement; (ii) for any other member, including a civil service member who has not served a minimum of twelve months in the same position or rank preceding the date of retirement, the average of the greatest basic salaries payable to such member during any consecutive twenty-four month period within such member's last ten years of service for which service credit is allowed, computed by dividing the total basic salaries payable to such member during the selected twenty-four month period by twenty-four; (iii) in the case of disability of any member, the basic salary payable to such member at the time of disability retirement; (iv) in the case of a member who hereafter vests pursuant to RCW 41.26.090, the basic salary payable to such member at the time of vesting.
     (b) "Final average salary" for plan 2 members, means the monthly average of the member's basic salary for the highest consecutive sixty service credit months of service prior to such member's retirement, termination, or death. Periods constituting authorized unpaid leaves of absence may not be used in the calculation of final average salary.
     (13)(a) "Basic salary" for plan 1 members, means the basic monthly rate of salary or wages, including longevity pay but not including overtime earnings or special salary or wages, upon which pension or retirement benefits will be computed and upon which employer contributions and salary deductions will be based.
     (b) "Basic salary" for plan 2 members, means salaries or wages earned by a member during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the United States Internal Revenue Code, but shall exclude lump sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay. In any year in which a member serves in the legislature the member shall have the option of having such member's basic salary be the greater of:
     (i) The basic salary the member would have received had such member not served in the legislature; or
     (ii) Such member's actual basic salary received for nonlegislative public employment and legislative service combined. Any additional contributions to the retirement system required because basic salary under (b)(i) of this subsection is greater than basic salary under (b)(ii) of this subsection shall be paid by the member for both member and employer contributions.
     (14)(a) "Service" for plan 1 members, means all periods of employment for an employer as a fire fighter or law enforcement officer, for which compensation is paid, together with periods of suspension not exceeding thirty days in duration. For the purposes of this chapter service shall also include service in the armed forces of the United States as provided in RCW 41.26.190. Credit shall be allowed for all service credit months of service rendered by a member from and after the member's initial commencement of employment as a fire fighter or law enforcement officer, during which the member worked for seventy or more hours, or was on disability leave or disability retirement. Only service credit months of service shall be counted in the computation of any retirement allowance or other benefit provided for in this chapter.
     (i) For members retiring after May 21, 1971 who were employed under the coverage of a prior pension act before March 1, 1970, "service" shall also include (A) such military service not exceeding five years as was creditable to the member as of March 1, 1970, under the member's particular prior pension act, and (B) such other periods of service as were then creditable to a particular member under the provisions of RCW 41.18.165, 41.20.160 or 41.20.170. However, in no event shall credit be allowed for any service rendered prior to March 1, 1970, where the member at the time of rendition of such service was employed in a position covered by a prior pension act, unless such service, at the time credit is claimed therefor, is also creditable under the provisions of such prior act.
     (ii) A member who is employed by two employers at the same time shall only be credited with service to one such employer for any month during which the member rendered such dual service.
     (b) "Service" for plan 2 members, means periods of employment by a member for one or more employers for which basic salary is earned for ninety or more hours per calendar month which shall constitute a service credit month. Periods of employment by a member for one or more employers for which basic salary is earned for at least seventy hours but less than ninety hours per calendar month shall constitute one-half service credit month. Periods of employment by a member for one or more employers for which basic salary is earned for less than seventy hours shall constitute a one-quarter service credit month.
     Members of the retirement system who are elected or appointed to a state elective position may elect to continue to be members of this retirement system.
     Service credit years of service shall be determined by dividing the total number of service credit months of service by twelve. Any fraction of a service credit year of service as so determined shall be taken into account in the computation of such retirement allowance or benefits.
     If a member receives basic salary from two or more employers during any calendar month, the individual shall receive one service credit month's service credit during any calendar month in which multiple service for ninety or more hours is rendered; or one-half service credit month's service credit during any calendar month in which multiple service for at least seventy hours but less than ninety hours is rendered; or one-quarter service credit month during any calendar month in which multiple service for less than seventy hours is rendered.
     (15) "Accumulated contributions" means the employee's contributions made by a member, including any amount paid under RCW 41.50.165(2), plus accrued interest credited thereon.
     (16) "Actuarial reserve" means a method of financing a pension or retirement plan wherein reserves are accumulated as the liabilities for benefit payments are incurred in order that sufficient funds will be available on the date of retirement of each member to pay the member's future benefits during the period of retirement.
     (17) "Actuarial valuation" means a mathematical determination of the financial condition of a retirement plan. It includes the computation of the present monetary value of benefits payable to present members, and the present monetary value of future employer and employee contributions, giving effect to mortality among active and retired members and also to the rates of disability, retirement, withdrawal from service, salary, and interest earned on investments.
     (18) "Disability board" for plan 1 members means either the county disability board or the city disability board established in RCW 41.26.110.
     (19) "Disability leave" means the period of six months or any portion thereof during which a member is on leave at an allowance equal to the member's full salary prior to the commencement of disability retirement. The definition contained in this subsection shall apply only to plan 1 members.
     (20) "Disability retirement" for plan 1 members, means the period following termination of a member's disability leave, during which the member is in receipt of a disability retirement allowance.
     (21) "Position" means the employment held at any particular time, which may or may not be the same as civil service rank.
     (22) "Medical services" for plan 1 members, shall include the following as minimum services to be provided. Reasonable charges for these services shall be paid in accordance with RCW 41.26.150.
     (a) Hospital expenses: These are the charges made by a hospital, in its own behalf, for:
     (i) Board and room not to exceed semiprivate room rate unless private room is required by the attending physician due to the condition of the patient((.));
     (ii) Necessary hospital services, other than board and room, furnished by the hospital.
     (b) Other medical expenses: The following charges are considered "other medical expenses", provided that they have not been considered as "hospital expenses"((.)):
     (i) The fees of the following:
     (A) A physician or surgeon licensed under the provisions of chapter 18.71 RCW;
     (B) An osteopathic physician and surgeon licensed under the provisions of chapter 18.57 RCW;
     (C) A chiropractor licensed under the provisions of chapter 18.25 RCW((.));
     (ii) The charges of a registered graduate nurse other than a nurse who ordinarily resides in the member's home, or is a member of the family of either the member or the member's spouse((.));
     (iii) The charges for the following medical services and supplies:
     (A) Drugs and medicines upon a physician's prescription;
     (B) Diagnostic X-ray and laboratory examinations;
     (C) X-ray, radium, and radioactive isotopes therapy;
     (D) Anesthesia and oxygen;
     (E) Rental of iron lung and other durable medical and surgical equipment;
     (F) Artificial limbs and eyes, and casts, splints, and trusses;
     (G) Professional ambulance service when used to transport the member to or from a hospital when injured by an accident or stricken by a disease;
     (H) Dental charges incurred by a member who sustains an accidental injury to his or her teeth and who commences treatment by a legally licensed dentist within ninety days after the accident;
     (I) Nursing home confinement or hospital extended care facility;
     (J) Physical therapy by a registered physical therapist;
     (K) Blood transfusions, including the cost of blood and blood plasma not replaced by voluntary donors;
     (L) An optometrist licensed under the provisions of chapter 18.53 RCW.
     (23) "Regular interest" means such rate as the director may determine.
     (24) "Retiree" for persons who establish membership in the retirement system on or after October 1, 1977, means any member in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by such member.
     (25) "Director" means the director of the department.
     (26) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010(2).
     (27) "State elective position" means any position held by any person elected or appointed to statewide office or elected or appointed as a member of the legislature.
     (28) "Plan 1" means the law enforcement officers' and fire fighters' retirement system, plan 1 providing the benefits and funding provisions covering persons who first became members of the system prior to October 1, 1977.
     (29) "Plan 2" means the law enforcement officers' and fire fighters' retirement system, plan 2 providing the benefits and funding provisions covering persons who first became members of the system on and after October 1, 1977.
     (30) "Service credit year" means an accumulation of months of service credit which is equal to one when divided by twelve.
     (31) "Service credit month" means a full service credit month or an accumulation of partial service credit months that are equal to one.
     (32) "General authority law enforcement agency" means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state, and any agency, department, or division of state government, having as its primary function the detection and apprehension of persons committing infractions or violating the traffic or criminal laws in general, but not including the Washington state patrol. Such an agency, department, or division is distinguished from a limited authority law enforcement agency having as one of its functions the apprehension or detection of persons committing infractions or violating the traffic or criminal laws relating to limited subject areas, including but not limited to, the state departments of natural resources and social and health services, the state gambling commission, the state lottery commission, the state parks and recreation commission, the state utilities ((and transportation)) commission, the state liquor control board, and the state department of corrections.

Sec. 60   RCW 41.26.030 and 2003 c 388 s 2 are each amended to read as follows:
     As used in this chapter, unless a different meaning is plainly required by the context:
     (1) "Retirement system" means the "Washington law enforcement officers' and fire fighters' retirement system" provided herein.
     (2)(a) "Employer" for plan 1 members, means the legislative authority of any city, town, county, or district or the elected officials of any municipal corporation that employs any law enforcement officer and/or fire fighter, any authorized association of such municipalities, and, except for the purposes of RCW 41.26.150, any labor guild, association, or organization, which represents the fire fighters or law enforcement officers of at least seven cities of over 20,000 population and the membership of each local lodge or division of which is composed of at least sixty percent law enforcement officers or fire fighters as defined in this chapter.
     (b) "Employer" for plan 2 members, means the following entities to the extent that the entity employs any law enforcement officer and/or fire fighter:
     (i) The legislative authority of any city, town, county, or district;
     (ii) The elected officials of any municipal corporation;
     (iii) The governing body of any other general authority law enforcement agency; or
     (iv) A four-year institution of higher education having a fully operational fire department as of January 1, 1996.
     (3) "Law enforcement officer" beginning January 1, 1994, means any person who is commissioned and employed by an employer on a full time, fully compensated basis to enforce the criminal laws of the state of Washington generally, with the following qualifications:
     (a) No person who is serving in a position that is basically clerical or secretarial in nature, and who is not commissioned shall be considered a law enforcement officer;
     (b) Only those deputy sheriffs, including those serving under a different title pursuant to county charter, who have successfully completed a civil service examination for deputy sheriff or the equivalent position, where a different title is used, and those persons serving in unclassified positions authorized by RCW 41.14.070 except a private secretary will be considered law enforcement officers;
     (c) Only such full time commissioned law enforcement personnel as have been appointed to offices, positions, or ranks in the police department which have been specifically created or otherwise expressly provided for and designated by city charter provision or by ordinance enacted by the legislative body of the city shall be considered city police officers;
     (d) The term "law enforcement officer" also includes the executive secretary of a labor guild, association or organization (which is an employer under RCW 41.26.030(2)) if that individual has five years previous membership in the retirement system established in chapter 41.20 RCW. The provisions of this subsection (3)(d) shall not apply to plan 2 members; and
     (e) The term "law enforcement officer" also includes a person employed on or after January 1, 1993, as a public safety officer or director of public safety, so long as the job duties substantially involve only either police or fire duties, or both, and no other duties in a city or town with a population of less than ten thousand. The provisions of this subsection (3)(e) shall not apply to any public safety officer or director of public safety who is receiving a retirement allowance under this chapter as of May 12, 1993.
     (4) "Fire fighter" means:
     (a) Any person who is serving on a full time, fully compensated basis as a member of a fire department of an employer and who is serving in a position which requires passing a civil service examination for fire fighter, and who is actively employed as such;
     (b) Anyone who is actively employed as a full time fire fighter where the fire department does not have a civil service examination;
     (c) Supervisory fire fighter personnel;
     (d) Any full time executive secretary of an association of fire protection districts authorized under RCW 52.12.031. The provisions of this subsection (4)(d) shall not apply to plan 2 members;
     (e) The executive secretary of a labor guild, association or organization (which is an employer under RCW 41.26.030(2) as now or hereafter amended), if such individual has five years previous membership in a retirement system established in chapter 41.16 or 41.18 RCW. The provisions of this subsection (4)(e) shall not apply to plan 2 members;
     (f) Any person who is serving on a full time, fully compensated basis for an employer, as a fire dispatcher, in a department in which, on March 1, 1970, a dispatcher was required to have passed a civil service examination for fire fighter; and
     (g) Any person who on March 1, 1970, was employed on a full time, fully compensated basis by an employer, and who on May 21, 1971, was making retirement contributions under the provisions of chapter 41.16 or 41.18 RCW.
     (5) "Department" means the department of retirement systems created in chapter 41.50 RCW.
     (6) "Surviving spouse" means the surviving widow or widower of a member. "Surviving spouse" shall not include the divorced spouse of a member except as provided in RCW 41.26.162.
     (7)(a) "Child" or "children" means an unmarried person who is under the age of eighteen or ((mentally or physically handicapped)) has a physical disability or mental illness as determined by the department, except a ((handicapped)) person with a disability in the full time care of a state institution, who is:
     (i) A natural born child;
     (ii) A stepchild where that relationship was in existence prior to the date benefits are payable under this chapter;
     (iii) A posthumous child;
     (iv) A child legally adopted or made a legal ward of a member prior to the date benefits are payable under this chapter; or
     (v) An illegitimate child legitimized prior to the date any benefits are payable under this chapter.
     (b) A person shall also be deemed to be a child up to and including the age of twenty years and eleven months while attending any high school, college, or vocational or other educational institution accredited, licensed, or approved by the state, in which it is located, including the summer vacation months and all other normal and regular vacation periods at the particular educational institution after which the child returns to school.
     (8) "Member" means any fire fighter, law enforcement officer, or other person as would apply under subsection((s)) (3) or (4) of this section whose membership is transferred to the Washington law enforcement officers' and fire fighters' retirement system on or after March 1, 1970, and every law enforcement officer and fire fighter who is employed in that capacity on or after such date.
     (9) "Retirement fund" means the "Washington law enforcement officers' and fire fighters' retirement system fund" as provided for herein.
     (10) "Employee" means any law enforcement officer or fire fighter as defined in subsections (3) and (4) of this section.
     (11)(a) "Beneficiary" for plan 1 members, means any person in receipt of a retirement allowance, disability allowance, death benefit, or any other benefit described herein.
     (b) "Beneficiary" for plan 2 members, means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by another person.
     (12)(a) "Final average salary" for plan 1 members, means (i) for a member holding the same position or rank for a minimum of twelve months preceding the date of retirement, the basic salary attached to such same position or rank at time of retirement; (ii) for any other member, including a civil service member who has not served a minimum of twelve months in the same position or rank preceding the date of retirement, the average of the greatest basic salaries payable to such member during any consecutive twenty-four month period within such member's last ten years of service for which service credit is allowed, computed by dividing the total basic salaries payable to such member during the selected twenty-four month period by twenty-four; (iii) in the case of disability of any member, the basic salary payable to such member at the time of disability retirement; (iv) in the case of a member who hereafter vests pursuant to RCW 41.26.090, the basic salary payable to such member at the time of vesting.
     (b) "Final average salary" for plan 2 members, means the monthly average of the member's basic salary for the highest consecutive sixty service credit months of service prior to such member's retirement, termination, or death. Periods constituting authorized unpaid leaves of absence may not be used in the calculation of final average salary.
     (13)(a) "Basic salary" for plan 1 members, means the basic monthly rate of salary or wages, including longevity pay but not including overtime earnings or special salary or wages, upon which pension or retirement benefits will be computed and upon which employer contributions and salary deductions will be based.
     (b) "Basic salary" for plan 2 members, means salaries or wages earned by a member during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the United States Internal Revenue Code, but shall exclude lump sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay. In any year in which a member serves in the legislature the member shall have the option of having such member's basic salary be the greater of:
     (i) The basic salary the member would have received had such member not served in the legislature; or
     (ii) Such member's actual basic salary received for nonlegislative public employment and legislative service combined. Any additional contributions to the retirement system required because basic salary under (b)(i) of this subsection is greater than basic salary under (b)(ii) of this subsection shall be paid by the member for both member and employer contributions.
     (14)(a) "Service" for plan 1 members, means all periods of employment for an employer as a fire fighter or law enforcement officer, for which compensation is paid, together with periods of suspension not exceeding thirty days in duration. For the purposes of this chapter service shall also include service in the armed forces of the United States as provided in RCW 41.26.190. Credit shall be allowed for all service credit months of service rendered by a member from and after the member's initial commencement of employment as a fire fighter or law enforcement officer, during which the member worked for seventy or more hours, or was on disability leave or disability retirement. Only service credit months of service shall be counted in the computation of any retirement allowance or other benefit provided for in this chapter.
     (i) For members retiring after May 21, 1971 who were employed under the coverage of a prior pension act before March 1, 1970, "service" shall also include (A) such military service not exceeding five years as was creditable to the member as of March 1, 1970, under the member's particular prior pension act, and (B) such other periods of service as were then creditable to a particular member under the provisions of RCW 41.18.165, 41.20.160 or 41.20.170. However, in no event shall credit be allowed for any service rendered prior to March 1, 1970, where the member at the time of rendition of such service was employed in a position covered by a prior pension act, unless such service, at the time credit is claimed therefor, is also creditable under the provisions of such prior act.
     (ii) A member who is employed by two employers at the same time shall only be credited with service to one such employer for any month during which the member rendered such dual service.
     (b) "Service" for plan 2 members, means periods of employment by a member for one or more employers for which basic salary is earned for ninety or more hours per calendar month which shall constitute a service credit month. Periods of employment by a member for one or more employers for which basic salary is earned for at least seventy hours but less than ninety hours per calendar month shall constitute one-half service credit month. Periods of employment by a member for one or more employers for which basic salary is earned for less than seventy hours shall constitute a one-quarter service credit month.
     Members of the retirement system who are elected or appointed to a state elective position may elect to continue to be members of this retirement system.
     Service credit years of service shall be determined by dividing the total number of service credit months of service by twelve. Any fraction of a service credit year of service as so determined shall be taken into account in the computation of such retirement allowance or benefits.
     If a member receives basic salary from two or more employers during any calendar month, the individual shall receive one service credit month's service credit during any calendar month in which multiple service for ninety or more hours is rendered; or one-half service credit month's service credit during any calendar month in which multiple service for at least seventy hours but less than ninety hours is rendered; or one-quarter service credit month during any calendar month in which multiple service for less than seventy hours is rendered.
     (15) "Accumulated contributions" means the employee's contributions made by a member, including any amount paid under RCW 41.50.165(2), plus accrued interest credited thereon.
     (16) "Actuarial reserve" means a method of financing a pension or retirement plan wherein reserves are accumulated as the liabilities for benefit payments are incurred in order that sufficient funds will be available on the date of retirement of each member to pay the member's future benefits during the period of retirement.
     (17) "Actuarial valuation" means a mathematical determination of the financial condition of a retirement plan. It includes the computation of the present monetary value of benefits payable to present members, and the present monetary value of future employer and employee contributions, giving effect to mortality among active and retired members and also to the rates of disability, retirement, withdrawal from service, salary, and interest earned on investments.
     (18) "Disability board" for plan 1 members means either the county disability board or the city disability board established in RCW 41.26.110.
     (19) "Disability leave" means the period of six months or any portion thereof during which a member is on leave at an allowance equal to the member's full salary prior to the commencement of disability retirement. The definition contained in this subsection shall apply only to plan 1 members.
     (20) "Disability retirement" for plan 1 members, means the period following termination of a member's disability leave, during which the member is in receipt of a disability retirement allowance.
     (21) "Position" means the employment held at any particular time, which may or may not be the same as civil service rank.
     (22) "Medical services" for plan 1 members, shall include the following as minimum services to be provided. Reasonable charges for these services shall be paid in accordance with RCW 41.26.150.
     (a) Hospital expenses: These are the charges made by a hospital, in its own behalf, for:
     (i) Board and room not to exceed semiprivate room rate unless private room is required by the attending physician due to the condition of the patient((.));
     (ii) Necessary hospital services, other than board and room, furnished by the hospital.
     (b) Other medical expenses: The following charges are considered "other medical expenses", provided that they have not been considered as "hospital expenses"((.)):
     (i) The fees of the following:
     (A) A physician or surgeon licensed under the provisions of chapter 18.71 RCW;
     (B) An osteopathic physician and surgeon licensed under the provisions of chapter 18.57 RCW;
     (C) A chiropractor licensed under the provisions of chapter 18.25 RCW((.));
     (ii) The charges of a registered graduate nurse other than a nurse who ordinarily resides in the member's home, or is a member of the family of either the member or the member's spouse((.));
     (iii) The charges for the following medical services and supplies:
     (A) Drugs and medicines upon a physician's prescription;
     (B) Diagnostic X-ray and laboratory examinations;
     (C) X-ray, radium, and radioactive isotopes therapy;
     (D) Anesthesia and oxygen;
     (E) Rental of iron lung and other durable medical and surgical equipment;
     (F) Artificial limbs and eyes, and casts, splints, and trusses;
     (G) Professional ambulance service when used to transport the member to or from a hospital when injured by an accident or stricken by a disease;
     (H) Dental charges incurred by a member who sustains an accidental injury to his or her teeth and who commences treatment by a legally licensed dentist within ninety days after the accident;
     (I) Nursing home confinement or hospital extended care facility;
     (J) Physical therapy by a registered physical therapist;
     (K) Blood transfusions, including the cost of blood and blood plasma not replaced by voluntary donors;
     (L) An optometrist licensed under the provisions of chapter 18.53 RCW.
     (23) "Regular interest" means such rate as the director may determine.
     (24) "Retiree" for persons who establish membership in the retirement system on or after October 1, 1977, means any member in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by such member.
     (25) "Director" means the director of the department.
     (26) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010(2).
     (27) "State elective position" means any position held by any person elected or appointed to statewide office or elected or appointed as a member of the legislature.
     (28) "Plan 1" means the law enforcement officers' and fire fighters' retirement system, plan 1 providing the benefits and funding provisions covering persons who first became members of the system prior to October 1, 1977.
     (29) "Plan 2" means the law enforcement officers' and fire fighters' retirement system, plan 2 providing the benefits and funding provisions covering persons who first became members of the system on and after October 1, 1977.
     (30) "Service credit year" means an accumulation of months of service credit which is equal to one when divided by twelve.
     (31) "Service credit month" means a full service credit month or an accumulation of partial service credit months that are equal to one.
     (32) "General authority law enforcement agency" means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state, and any agency, department, or division of state government, having as its primary function the detection and apprehension of persons committing infractions or violating the traffic or criminal laws in general, but not including the Washington state patrol. Such an agency, department, or division is distinguished from a limited authority law enforcement agency having as one of its functions the apprehension or detection of persons committing infractions or violating the traffic or criminal laws relating to limited subject areas, including but not limited to, the state departments of natural resources and social and health services, the state gambling commission, the state lottery commission, the state parks and recreation commission, the state utilities ((and transportation)) commission, the state liquor control board, and the state department of corrections.

Sec. 61   RCW 42.17.2401 and 2006 c 265 s 113 are each amended to read as follows:
     For the purposes of RCW 42.17.240, the term "executive state officer" includes:
     (1) The chief administrative law judge, the director of agriculture, the administrator of the Washington basic health plan, the director of the department of services for the blind, the director of the state system of community and technical colleges, the director of community, trade, and economic development, the secretary of corrections, the director of early learning, the director of ecology, the commissioner of employment security, the chair of the energy facility site evaluation council, the secretary of the state finance committee, the director of financial management, the director of fish and wildlife, the executive secretary of the forest practices appeals board, the director of the gambling commission, the director of general administration, the secretary of health, the administrator of the Washington state health care authority, the executive secretary of the health care facilities authority, the executive secretary of the higher education facilities authority, the executive secretary of the horse racing commission, the executive secretary of the human rights commission, the executive secretary of the indeterminate sentence review board, the director of the department of information services, the director of the interagency committee for outdoor recreation, the executive director of the state investment board, the director of labor and industries, the director of licensing, the director of the lottery commission, the director of the office of minority and women's business enterprises, the director of parks and recreation, the director of personnel, the executive director of the public disclosure commission, the director of retirement systems, the director of revenue, the secretary of social and health services, the chief of the Washington state patrol, the executive secretary of the board of tax appeals, the secretary of transportation, the secretary of the utilities ((and transportation)) commission, the director of veterans affairs, the president of each of the regional and state universities and the president of The Evergreen State College, each district and each campus president of each state community college;
     (2) Each professional staff member of the office of the governor;
     (3) Each professional staff member of the legislature; and
     (4) Central Washington University board of trustees, board of trustees of each community college, each member of the state board for community and technical colleges, state convention and trade center board of directors, committee for deferred compensation, Eastern Washington University board of trustees, Washington economic development finance authority, The Evergreen State College board of trustees, executive ethics board, forest practices appeals board, forest practices board, gambling commission, life sciences discovery fund authority board of trustees, Washington health care facilities authority, each member of the Washington health services commission, higher education coordinating board, higher education facilities authority, horse racing commission, state housing finance commission, human rights commission, indeterminate sentence review board, board of industrial insurance appeals, information services board, interagency committee for outdoor recreation, state investment board, commission on judicial conduct, legislative ethics board, liquor control board, lottery commission, marine oversight board, Pacific Northwest electric power and conservation planning council, parks and recreation commission, ((personnel appeals board,)) board of pilotage commissioners, pollution control hearings board, public disclosure commission, public pension commission, shorelines hearing board, public employees' benefits board, salmon recovery funding board, board of tax appeals, transportation commission, University of Washington board of regents, utilities ((and transportation)) commission, Washington state maritime commission, Washington personnel resources board, Washington public power supply system executive board, Washington State University board of regents, Western Washington University board of trustees, and fish and wildlife commission.

Sec. 62   RCW 42.17.241 and 1995 c 397 s 9 are each amended to read as follows:
     (1) The statement of financial affairs required by RCW 42.17.240 shall disclose for the reporting individual and each member of his or her immediate family:
     (a) Occupation, name of employer, and business address; and
     (b) Each bank or savings account or insurance policy in which any such person or persons owned a direct financial interest that exceeded five thousand dollars at any time during the reporting period; each other item of intangible personal property in which any such person or persons owned a direct financial interest, the value of which exceeded five hundred dollars during the reporting period; the name, address, and nature of the entity; and the nature and highest value of each such direct financial interest during the reporting period; and
     (c) The name and address of each creditor to whom the value of five hundred dollars or more was owed; the original amount of each debt to each such creditor; the amount of each debt owed to each creditor as of the date of filing; the terms of repayment of each such debt; and the security given, if any, for each such debt: PROVIDED, That debts arising out of a "retail installment transaction" as defined in chapter 63.14 RCW (((Retail Installment Sales Act))) need not be reported; and
     (d) Every public or private office, directorship, and position held as trustee; and
     (e) All persons for whom any legislation, rule, rate, or standard has been prepared, promoted, or opposed for current or deferred compensation: PROVIDED, That for the purposes of this subsection, "compensation" does not include payments made to the person reporting by the governmental entity for which such person serves as an elected official or state executive officer or professional staff member for his or her service in office; the description of such actual or proposed legislation, rules, rates, or standards; and the amount of current or deferred compensation paid or promised to be paid; and
     (f) The name and address of each governmental entity, corporation, partnership, joint venture, sole proprietorship, association, union, or other business or commercial entity from whom compensation has been received in any form of a total value of five hundred dollars or more; the value of the compensation; and the consideration given or performed in exchange for the compensation; and
     (g) The name of any corporation, partnership, joint venture, association, union, or other entity in which is held any office, directorship, or any general partnership interest, or an ownership interest of ten percent or more; the name or title of that office, directorship, or partnership; the nature of ownership interest; and with respect to each such entity: (i) With respect to a governmental unit in which the official seeks or holds any office or position, if the entity has received compensation in any form during the preceding twelve months from the governmental unit, the value of the compensation and the consideration given or performed in exchange for the compensation; (ii) the name of each governmental unit, corporation, partnership, joint venture, sole proprietorship, association, union, or other business or commercial entity from which the entity has received compensation in any form in the amount of two thousand five hundred dollars or more during the preceding twelve months and the consideration given or performed in exchange for the compensation: PROVIDED, That the term "compensation" for purposes of this subsection (1)(g)(ii) does not include payment for water and other utility services at rates approved by the ((Washington state)) utilities ((and transportation)) commission or the legislative authority of the public entity providing the service: PROVIDED, FURTHER, That with respect to any bank or commercial lending institution in which is held any office, directorship, partnership interest, or ownership interest, it shall only be necessary to report either the name, address, and occupation of every director and officer of the bank or commercial lending institution and the average monthly balance of each account held during the preceding twelve months by the bank or commercial lending institution from the governmental entity for which the individual is an official or candidate or professional staff member, or all interest paid by a borrower on loans from and all interest paid to a depositor by the bank or commercial lending institution if the interest exceeds six hundred dollars; and
     (h) A list, including legal or other sufficient descriptions as prescribed by the commission, of all real property in the state of Washington, the assessed valuation of which exceeds two thousand five hundred dollars in which any direct financial interest was acquired during the preceding calendar year, and a statement of the amount and nature of the financial interest and of the consideration given in exchange for that interest; and
     (i) A list, including legal or other sufficient descriptions as prescribed by the commission, of all real property in the state of Washington, the assessed valuation of which exceeds two thousand five hundred dollars in which any direct financial interest was divested during the preceding calendar year, and a statement of the amount and nature of the consideration received in exchange for that interest, and the name and address of the person furnishing the consideration; and
     (j) A list, including legal or other sufficient descriptions as prescribed by the commission, of all real property in the state of Washington, the assessed valuation of which exceeds two thousand five hundred dollars in which a direct financial interest was held: PROVIDED, That if a description of the property has been included in a report previously filed, the property may be listed, for purposes of this provision, by reference to the previously filed report; and
     (k) A list, including legal or other sufficient descriptions as prescribed by the commission, of all real property in the state of Washington, the assessed valuation of which exceeds five thousand dollars, in which a corporation, partnership, firm, enterprise, or other entity had a direct financial interest, in which corporation, partnership, firm, or enterprise a ten percent or greater ownership interest was held; and
     (l) A list of each occasion, specifying date, donor, and amount, at which food and beverage in excess of fifty dollars was accepted under RCW 42.52.150(5); (([and])) and
     (m) A list of each occasion, specifying date, donor, and amount, at which items specified in RCW 42.52.010(((9))) (10) (d) and (f) were accepted; (([and])) and
     (n) Such other information as the commission may deem necessary in order to properly carry out the purposes and policies of this chapter, as the commission shall prescribe by rule.
     (2) Where an amount is required to be reported under subsection (1)(a) through (m) of this section, it shall be sufficient to comply with the requirement to report whether the amount is less than one thousand dollars, at least one thousand dollars but less than five thousand dollars, at least five thousand dollars but less than ten thousand dollars, at least ten thousand dollars but less than twenty-five thousand dollars, or twenty-five thousand dollars or more. An amount of stock may be reported by number of shares instead of by market value. No provision of this subsection may be interpreted to prevent any person from filing more information or more detailed information than required.
     (3) Items of value given to an official's or employee's spouse or family member are attributable to the official or employee, except the item is not attributable if an independent business, family, or social relationship exists between the donor and the spouse or family member.

Sec. 63   RCW 42.56.330 and 2006 c 209 s 8 are each amended to read as follows:
     The following information relating to public utilities and transportation is exempt from disclosure under this chapter:
     (1) Records filed with the utilities ((and transportation)) commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095;
     (2) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order;
     (3) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service; however, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides;
     (4) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons;
     (5) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety;
     (6) Records of any person that belong to a public utility district or a municipally owned electrical utility, unless the law enforcement authority provides the public utility district or municipally owned electrical utility with a written statement in which the authority states that it suspects that the particular person to whom the records pertain has committed a crime and the authority has a reasonable belief that the records could determine or help determine whether the suspicion might be true. Information obtained in violation of this subsection is inadmissible in any criminal proceeding;
     (7) Any information obtained by governmental agencies that is collected by the use of a motor carrier intelligent transportation system or any comparable information equipment attached to a truck, tractor, or trailer; however, the information may be given to other governmental agencies or the owners of the truck, tractor, or trailer from which the information is obtained. As used in this subsection, "motor carrier" has the same definition as provided in ((RCW 81.80.010)) section 72 of this act; and
     (8) The personally identifying information of persons who acquire and use transponders or other technology to facilitate payment of tolls. This information may be disclosed in aggregate form as long as the data does not contain any personally identifying information. For these purposes aggregate data may include the census tract of the account holder as long as any individual personally identifying information is not released. Personally identifying information may be released to law enforcement agencies only for toll enforcement purposes. Personally identifying information may be released to law enforcement agencies for other purposes only if the request is accompanied by a court order.

Sec. 64   RCW 43.20A.725 and 2004 c 254 s 1 are each amended to read as follows:
     (1) The department, through the sole authority of the office or its successor organization, shall maintain a program whereby an individual of school age or older who possesses a hearing or speech impairment is provided with telecommunications equipment, software, and/or peripheral devices, digital or otherwise, that is determined by the office to be necessary for such a person to access and use telecommunications transmission services effectively.
     (2) The department, through the sole authority of the office or its successor organization, shall maintain a program where telecommunications relay services of a human or electronic nature will be provided to connect hearing impaired, deaf-blind, or speech impaired persons with persons who do not have a hearing or speech impairment. Such telecommunications relay services shall provide the ability for an individual who has a hearing or speech impairment to engage in voice, tactile, or visual communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have a hearing or speech impairment to communicate using voice or visual communication services by wire or radio subject to subsection (4)(b) of this section.
     (3) The telecommunications relay service and equipment distribution program may operate in such a manner as to provide communications transmission opportunities that are capable of incorporating new technologies that have demonstrated benefits consistent with the intent of this chapter and are in the best interests of the citizens of this state.
     (4) The office shall administer and control the award of money to all parties incurring costs in implementing and maintaining telecommunications services, programs, equipment, and technical support services according to this section. The relay service contract shall be awarded to an individual company registered as a telecommunications company by the utilities ((and transportation)) commission, to a group of registered telecommunications companies, or to any other company or organization determined by the office as qualified to provide relay services, contingent upon that company or organization being approved as a registered telecommunications company prior to final contract approval. The relay system providers and telecommunications equipment vendors shall be selected on the basis of cost-effectiveness and utility to the greatest extent possible under the program and technical specifications established by the office.
     (a) To the extent funds are available under the then-current rate and not otherwise held in reserve or required for other purposes authorized by this chapter, the office may award contracts for communications and related services and equipment for hearing impaired or speech impaired individuals accessing or receiving services provided by, or contracted for, the department to meet access obligations under Title 2 of the federal Americans with disabilities act or related federal regulations.
     (b) The office shall perform its duties under this section with the goal of achieving functional equivalency of access to and use of telecommunications services similar to the enjoyment of access to and use of such services experienced by an individual who does not have a hearing or speech impairment only to the extent that funds are available under the then-current rate and not otherwise held in reserve or required for other purposes authorized by this chapter.
     (5) The program shall be funded by a telecommunications relay service (TRS) excise tax applied to each switched access line provided by the local exchange companies. The office shall determine, in consultation with the office's program advisory committee, the budget needed to fund the program on an annual basis, including both operational costs and a reasonable amount for capital improvements such as equipment upgrade and replacement. The budget proposed by the office, together with documentation and supporting materials, shall be submitted to the office of financial management for review and approval. The approved budget shall be given by the department in an annual budget to the department of revenue no later than March 1st prior to the beginning of the fiscal year. The department of revenue shall then determine the amount of telecommunications relay service excise tax to be placed on each switched access line and shall inform local exchange companies and the utilities ((and transportation)) commission of this amount no later than May 1st. The department of revenue shall determine the amount of telecommunications relay service excise tax to be collected in the following fiscal year by dividing the total of the program budget, as submitted by the office, by the total number of switched access lines in the prior calendar year, as reported to the department of revenue under chapter 82.14B RCW, and shall not exercise any further oversight of the program under this subsection other than administering the collection of the telecommunications relay service excise tax as provided in RCW 82.72.010 through 82.72.090. The telecommunications relay service excise tax shall not exceed nineteen cents per month per access line. The telecommunications relay service excise tax shall be separately identified on each ratepayer's bill with the following statement: "Funds federal ADA requirement." All proceeds from the telecommunications relay service excise tax shall be put into a fund to be administered by the office through the department. "Switched access line" has the meaning provided in RCW 82.14B.020.
     (6) The telecommunications relay service program and equipment vendors shall provide services and equipment consistent with the requirements of federal law for the operation of both interstate and intrastate telecommunications services for the hearing impaired or speech impaired. The department and the utilities ((and transportation)) commission shall be responsible for ensuring compliance with federal requirements and shall provide timely notice to the legislature of any legislation that may be required to accomplish compliance.
     (7) The department shall adopt rules establishing eligibility criteria, ownership obligations, financial contributions, and a program for distribution to individuals requesting and receiving such telecommunications devices distributed by the office, and other rules necessary to administer programs and services consistent with this chapter.

Sec. 65   RCW 43.21F.055 and 1996 c 186 s 104 are each amended to read as follows:
     The department shall not intervene in any regulatory proceeding before the ((Washington)) utilities ((and transportation)) commission or proceedings of utilities not regulated by the commission. Nothing in this chapter abrogates or diminishes the functions, powers, or duties of the energy facility site evaluation council pursuant to chapter 80.50 RCW, the utilities ((and transportation)) commission pursuant to Title 80 RCW, or other state or local agencies established by law.
     The department shall avoid duplication of activity with other state agencies and officers and other persons.

Sec. 66   RCW 43.21F.060 and 1996 c 186 s 105 are each amended to read as follows:
     In addition to the duties prescribed in RCW 43.21F.045, the department shall have the authority to:
     (1) Obtain all necessary and existing information from energy producers, suppliers, and consumers, doing business within the state of Washington, from political subdivisions in this state, or any person as may be necessary to carry out the provisions of chapter 43.21G RCW: PROVIDED, That if the information is available in reports made to another state agency, the department shall obtain it from that agency: PROVIDED FURTHER, That, to the maximum extent practicable, informational requests to energy companies regulated by the utilities ((and transportation)) commission shall be channeled through the commission and shall be accepted in the format normally used by the companies. Such information may include but not be limited to:
     (a) Sales volume;
     (b) Forecasts of energy requirements; and
     (c) Energy costs.
     Notwithstanding any other provision of law to the contrary, information furnished under this subsection shall be confidential and maintained as such, if so requested by the person providing the information, if the information is proprietary.
     It shall be unlawful to disclose such information except as hereinafter provided. A violation shall be punishable, upon conviction, by a fine of not more than one thousand dollars for each offense. In addition, any person who willfully or with criminal negligence, as defined in RCW 9A.08.010, discloses confidential information in violation of this subsection may be subject to removal from office or immediate dismissal from public employment notwithstanding any other provision of law to the contrary.
     Nothing in this subsection prohibits the use of confidential information to prepare statistics or other general data for publication when it is so presented as to prevent identification of particular persons or sources of confidential information.
     (2) Receive and expend funds obtained from the federal government or other sources by means of contracts, grants, awards, payments for services, and other devices in support of the duties enumerated in this chapter.

Sec. 67   RCW 43.21G.080 and 1977 ex.s. c 328 s 8 are each amended to read as follows:
     The governor may order any distributor to take such action on his or her behalf as may be required to implement orders issued pursuant to this chapter as now or hereafter amended: PROVIDED, That orders to regulated distributors shall be issued by the ((Washington)) utilities ((and transportation)) commission in conformance with orders of the governor. No distributor shall be liable for actions taken in accordance with such orders issued by the governor or the ((Washington)) utilities ((and transportation)) commission.
     All allocations of energy from one distributor to another distributor pursuant to orders issued or as a result of actions taken under this chapter as now or hereafter amended are subject to fair and just reimbursement. Such reimbursement for any allocation of energy between regulated distributors shall be subject to the approval of the ((Washington)) utilities ((and transportation)) commission. A distributor is authorized to enter into agreements with another distributor for the purpose of determining financial or commodity reimbursement.

Sec. 68   RCW 43.44.130 and 2000 c 191 s 20 are each amended to read as follows:
     (1) The chief of the Washington state patrol, through the director of fire protection or his or her authorized deputy, shall, in consultation with the emergency management program within the state military department, the department of ecology, the utilities ((and transportation)) commission, and local emergency services organizations:
     (a) Evaluate the preparedness of local first responders in meeting emergency management demands under subsection (2) of this section; and
     (b) Conduct an assessment of the equipment and personnel needed by local first responders to meet emergency management demands related to pipelines.
     (2) The chief of the Washington state patrol, through the director of fire protection or his or her deputy, shall develop curricula for training local first responders to deal with hazardous liquid and gas pipeline accidents. The curricula shall be developed in conjunction with pipeline companies and local first responders, and shall include a timetable and costs for providing training as defined in the curricula to all communities housing pipelines. Separate curricula shall be developed for hazardous liquid and gas pipelines so that the differences between pipelines may be recognized and appropriate accident responses provided. The need for a training program for regional incident management teams shall also be evaluated.
     (3) In consultation with other relevant agencies, the chief of the Washington state patrol, through the director of fire protection or his or her deputy, shall identify the need and means for achieving consistent application of the national interagency incident management system.
     (4) For the purposes of this section, "local first responders" means police, fire, emergency medical staff, and volunteers.

Sec. 69   RCW 43.52.450 and 1977 ex.s. c 184 s 11 are each amended to read as follows:
     The provisions of this chapter shall be cumulative and shall not impair or supersede the powers or rights of any person, firm, or corporation or political subdivision of the state of Washington under any other law. The rights of all persons, firms, corporations and political subdivisions or operating units of any kind under existing contracts, renewals thereof or supplements thereto, with the United States, or any agency thereof, for power, are hereby preserved and such rights shall not be impaired or modified by any of the provisions of this chapter or any of the powers granted by this chapter.
     The rates, services, and practices of any operating agency in respect to the power generated, transmitted, or sold by it shall not be governed by the regulations of the utilities ((and transportation)) commission.

Sec. 70   RCW 43.59.010 and 1998 c 165 s 2 are each amended to read as follows:
     (1) The purpose of this chapter is to establish a new agency of state government to be known as the Washington traffic safety commission. The functions and purpose of this commission shall be to find solutions to the problems that have been created as a result of the tremendous increase of motor vehicles on our highways and the attendant traffic death and accident tolls; to plan and supervise programs for the prevention of accidents on streets and highways including but not limited to educational campaigns designed to reduce traffic accidents in cooperation with all official and unofficial organizations interested in traffic safety; to coordinate the activities at the state and local level in the development of statewide and local traffic safety programs; to promote a uniform enforcement of traffic safety laws and establish standards for investigation and reporting of traffic accidents; to coordinate Washington's participation in the national operation lifesaver program; to promote and improve driver education; and to authorize the governor to perform all functions required to be performed by him under the federal highway safety act of 1966 (Public Law 89-564; 80 Stat. 731).
     (2) The legislature finds and declares that bicycling and walking are becoming increasingly popular in Washington as clean and efficient modes of transportation, as recreational activities, and as organized sports. Future plans for the state's transportation system will require increased access and safety for bicycles and pedestrians on our common roadways, and federal transportation legislation and funding programs have created strong incentives to implement these changes quickly. As a result, many more people are likely to take up bicycling in Washington both as a leisure activity and as a convenient, inexpensive form of transportation. Bicyclists are more vulnerable to injury and accident than motorists, and should be as knowledgeable as possible about traffic laws, be highly visible and predictable when riding in traffic, and be encouraged to wear bicycle safety helmets. Hundreds of bicyclists and pedestrians are seriously injured every year in accidents, and millions of dollars are spent on health care costs associated with these accidents. There is clear evidence that organized training in the rules and techniques of safe and effective cycling can significantly reduce the incidence of serious injury and accidents, increase cooperation among road users, and significantly increase the incidence of bicycle helmet use, particularly among minors. A reduction in accidents benefits the entire community. Therefore it is appropriate for businesses and community organizations to provide donations to bicycle and pedestrian safety training programs.

Sec. 71   RCW 43.59.040 and 1983 1st ex.s. c 14 s 1 are each amended to read as follows:
     In addition to other responsibilities set forth in this chapter the commission shall:
     (1) Advise and confer with the governing authority of any political subdivision of the state deemed eligible under the federal highway safety act of 1966 (Public Law 89-564; 80 Stat. 731) for participation in the aims and programs and purposes of that act;
     (2) Advise and confer with all agencies of state government whose programs and activities are within the scope of the highway safety act including those agencies that are not subject to direct supervision, administration, and control by the governor under existing laws;
     (3) Coordinate Washington's participation in the national operation lifesaver program;
     (4) Succeed to and be vested with all powers, duties, and jurisdictions previously vested in the Washington state safety council;
     (((4))) (5) Carry out such other responsibilities as may be consistent with this chapter.

NEW SECTION.  Sec. 72   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Class 1 commercial motor vehicle" means a subcategory of commercial motor vehicle that includes any commercial motor vehicle that has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 11,794 kilograms (26,001 pounds) or more.
     (2) "Commercial motor vehicle" means any self-propelled or towed motor vehicle used to transport property when the vehicle: (a) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kilograms (10,001 pounds) or more, whichever is greatest; or (b) is designed or used to transport more than eight passengers, including the driver, for compensation; or (c) is designed or used to transport more than fifteen passengers, including the driver, and is not used to transport passengers for compensation; or (d) is used in the transportation of hazardous materials in quantities requiring placarding under federal law.
     (3) "Department" means the department of licensing.
     (4) "Department of transportation number" means a number issued to a motor carrier for identification purposes through the United States department of transportation, including those numbers obtained using the Washington state patrol as an intermediary for application purposes.
     (5) "Motor carrier" means any person who undertakes to transport property for the general public by commercial motor vehicle, for compensation, on a public highway, whether over regular or irregular routes or regular or irregular schedules.
     (6) "Motor vehicle" means any truck, trailer, semitrailer, tractor, or dump truck which uses a hydraulic or mechanical device to dump or discharge its load, or any self-propelled or motor-driven vehicle used upon any public highway of this state.
     (7) "Person" includes an individual, firm, copartnership, corporation, company, or association or their lessees, trustees, or receivers.
     (8) "Public highway" means every street, road, or highway in this state.

NEW SECTION.  Sec. 73   The Washington state patrol, in consultation with the department of licensing, shall adopt rules consistent with this chapter to regulate vehicle safety requirements for motor carriers who own, control, manage, or operate a commercial motor vehicle within this state. The rules adopted under this section may require each carrier to obtain a department of transportation number. In establishing rules for the regulation of safety requirements for motor carriers and commercial motor vehicles, the state patrol shall consider federal safety regulations governing interstate motor carriers and, subject to the discretion of the chief of the state patrol and this chapter, implement rules to govern intrastate motor carriers that are at least as rigorous as the federal regulations governing interstate motor carriers. The state patrol shall periodically review federal regulations governing interstate motor carriers and amend the rules pertaining to motor carriers as the chief of the state patrol deems appropriate to protect the safety of Washington state motorists. The state patrol shall consult with the department concerning the department's technological and data retention capabilities relating to registration of commercial motor vehicles and motor carriers, and shall coordinate effective communication to the department of any safety violations and penalties assessed by the state patrol that affect the registration or lawful operation of a commercial motor vehicle within Washington state.

NEW SECTION.  Sec. 74   (1) This title applies to persons and motor vehicles engaged in interstate commerce to the full extent permitted by the United States Constitution and laws of the United States.
     (2) It is unlawful for any carrier to perform a transportation service for compensation upon the public highways of this state without first having secured appropriate authority from the federal government, if such authority is required, and without having registered such authority, if any, with the department of licensing.

NEW SECTION.  Sec. 75   (1) The department of licensing shall cooperate with the federal government and any entity federally delegated or authorized to regulate interstate or foreign commerce by motor carriers to the end that the transportation of property by motor carriers in interstate or foreign commerce into or through the state of Washington may be regulated and the laws of the United States and the state of Washington enforced and administered cooperatively in the public interest.
     (2) The department, with respect to motor carriers engaged in interstate commerce, may enter into reciprocal agreements with other states, the District of Columbia, territories, and countries that are authorized to make similar agreements, to apportion the regulatory fees of the motor carriers between the state of Washington and other jurisdictions into which the motor carriers operate. The department shall use the percentage of miles or kilometers that the motor carrier operates in the state of Washington as they relate to the total miles that the motor carrier operates in other jurisdictions to determine what percentage of a motor carrier's total vehicles are attributable to operating in the state of Washington as the basis for any regulatory fees.
     (3) The department may enter into an agreement or arrangement with a duly authorized representative of the state of Idaho, for the purpose of granting operators of commercial motor vehicles that are properly registered in the state of Idaho the privilege of operating their vehicles in this state within a designated area near the border between Washington and Idaho without the need for registration as required by this chapter if the state of Idaho grants a similar privilege to operators of commercial motor vehicles from this state. The designated area is limited to state route number 195 from the Idaho border to Lewiston, and state route number 12 from Lewiston to Clarkston.

NEW SECTION.  Sec. 76   (1) The department of licensing shall administer the state's participation in any federal program regarding the registration of motor carriers, including the unified carrier registration system. The department shall prepare and submit to the appropriate federal agency a plan for Washington's participation in the unified carrier registration system. The department may adopt rules to implement the plan, coordinate the state's participation in the unified carrier registration system, define and regulate categories of carriers, and collect any fee authorized under a federal program regarding motor carrier registration and regulation, including the unified carrier registration system.
     (2) Except as provided under federal law, any federal funds received in connection with the state's participation in a federal program regarding motor carrier registrations, such as the unified carrier registration system, shall be deposited and used as follows: (a) One-half of the funds shall be deposited in the state patrol highway account and used by the Washington state patrol for commercial motor vehicle safety purposes; and (b) the remainder of the funds shall be deposited in the motor vehicle account and used by the department of licensing to administer commercial motor vehicle regulation.

NEW SECTION.  Sec. 77   (1) In addition to all other fees to be paid, a motor carrier shall pay a regulatory fee equal to a proportion of its gross income from intrastate operations for the previous calendar year or other period the department of licensing designates by rule. The motor carrier shall pay the fee no later than four months after the end of the appropriate period and shall include with the payment information the department requires by rule.
     (2) The Washington state patrol shall report annually to the department the cost of its regulatory obligations under this chapter. The department shall establish the fee rates to be collected from all motor carriers under subsection (1) of this section. The fees collected under this section must reasonably approximate the costs incurred by the state patrol and the department for supervising and regulating motor carriers subject to this chapter. The department may decrease fee amounts under this section if it determines that the amounts collected or to be collected under this subsection (2) exceed the reasonable cost of supervising and regulating motor carriers.
     (3) Any payment of a fee imposed under this section made after its due date includes a late fee of two percent of the amount due. Delinquent fees shall accrue interest at the rate of one percent per month.
     (4) All fees paid under this chapter shall be transmitted to the state treasurer within thirty days for deposit to the credit of the motor vehicle account and the state patrol highway account in the proportions established under this subsection. The department shall determine the relative proportion of costs incurred by the state patrol and the department for supervising and regulating motor carriers subject to this section. Fees paid under this chapter shall be deposited into the motor vehicle account and used to fund the department's regulatory obligations under this chapter in an amount that is proportionate to the costs incurred by the department for supervising and regulating motor carriers subject to this chapter. Fees paid under this chapter shall be deposited into the state patrol highway account and used to fund the state patrol's regulatory obligations under this chapter in an amount that is proportionate to the costs incurred by the state patrol for supervising and regulating motor carriers subject to this chapter.

NEW SECTION.  Sec. 78   The Washington state patrol shall inspect the vehicles, books, and documents of all motor carriers and the books, documents, and records of those using the service of the motor carriers for the purpose of discovering all information pertaining to the enforcement of this chapter and shall prosecute violations of this chapter. The state patrol shall employ auditors, inspectors, clerks, and assistants necessary to enforce this chapter. The state patrol shall perform all motor carrier safety inspections and compliance reviews required by law. The attorney general shall assign at least one assistant to the exclusive duty of assisting the state patrol in the enforcement of this chapter and the prosecution of persons charged with violating this chapter. The state patrol and local law enforcement officers shall cite and the county attorneys shall prosecute violations of the safety and liability insurance requirements imposed upon motor carriers.

NEW SECTION.  Sec. 79   (1) All motor carriers who own, manage, control, or operate a class 1 commercial motor vehicle used in this state must obtain a department of transportation number through application to: (a) The Washington state patrol; or (b) the United States department of transportation. An affected motor carrier with operations in this state as of the effective date of this section must apply for a department of transportation number before January 1, 2008. All other affected motor carriers must obtain a department of transportation number before operating in this state.
     (2) The state patrol shall issue a department of transportation number to any applicant under subsection (1) of this section who meets the requirements of this chapter and all of the safety requirements pertaining to motor carriers.
     (3) The state patrol may place a motor carrier's department of transportation number out of service and shall refuse to issue a department of transportation number to any applicant under subsection (1) of this section, when the motor carrier or applicant: (a) Fails to meet the requirements of this chapter and all of the safety requirements pertaining to motor carriers; (b) at the time of application, has been placed out of service by the federal motor carrier safety administration; (c) was previously placed out of service for cause, and where cause has not been removed; (d) previously had a department of transportation number or United States department of transportation registration that was revoked for cause, where cause has not been removed; (e) is a successor in interest, or a subterfuge for the real party in interest, to a motor carrier identified in (b), (c), or (d) of this subsection; (f) as an individual licensee, or as an officer, director, owner, or managing employee of a nonindividual licensee, was affiliated with a motor carrier identified in (b), (c), or (d) of this subsection; or (g) has an unsatisfied debt to the state assessed under this chapter.

NEW SECTION.  Sec. 80   (1) The chief of the Washington state patrol shall use data-driven analysis to prioritize for inspections under RCW 46.32.020 and compliance reviews those motor carriers who own, control, manage, or operate class 1 commercial motor vehicles, and whose relative safety fitness identify them as higher risk motor carriers.
     (2) If the chief of the state patrol or the chief's designee finds that a motor carrier is an imminent hazard or danger to the public health, safety, or welfare, the state patrol shall notify the department, and the department shall revoke the registrations for all commercial vehicles that are owned by the motor carrier. In determining whether a motor carrier is an imminent hazard or danger to public health, safety, or welfare, the chief or the chief's designee shall consider all safety factors.
     (3) If the state patrol assesses deficiencies or violations against a motor carrier during a compliance review after the motor carrier's relative safety fitness identified it as a higher risk motor carrier under subsection (1) of this section, then the state patrol shall collect a fee of two hundred fifty dollars for each subsequent compliance review of the particular deficiencies and violations identified until the deficiencies and violations are adequately corrected. Fees collected under this subsection shall be transmitted to the state treasurer for deposit into the state patrol highway account.

Sec. 81   RCW 46.04.480 and 1995 c 332 s 10 are each amended to read as follows:
     "Revoke," in all its forms, means the invalidation for a period of one calendar year and thereafter until reissue((: PROVIDED, That)). However, under the provisions of RCW 46.20.285, 46.20.311, 46.20.265, or 46.61.5055, and chapters 46.32, 46.65, and 46.-- (sections 72 through 80 of this act) RCW, the invalidation may last for a period other than one calendar year.

NEW SECTION.  Sec. 82   A new section is added to chapter 46.16 RCW to read as follows:
     (1) When the department of licensing is notified by the Washington state patrol or federal motor carrier safety administration that a motor carrier's department of transportation number has been placed out of service or revoked, the department shall revoke the vehicle registrations for all commercial motor vehicles owned, controlled, managed, or operated by the motor carrier. Any revocation under this section remains in effect until the department receives notification from the state patrol that the out-of-service order or the revocation of the motor carrier's department of transportation number has been rescinded.
     (2) The department shall refuse to register, or renew the registration for, a commercial motor vehicle if the department has received notification from the state patrol or the federal motor carrier safety administration that the motor carrier's department of transportation number has been placed out of service or revoked.
     (3) Any original or renewal application for registration of a commercial motor vehicle regulated under chapter 46.-- RCW (sections 72 through 80 of this act), that is submitted or due after June 30, 2009, must be accompanied by: (a) The department of transportation number issued to the motor carrier; and (b) the federal taxpayer identification number of the motor carrier.

Sec. 83   RCW 46.16.125 and 1997 c 215 s 2 are each amended to read as follows:
     In addition to the fees required by RCW 46.16.070, operators of auto stages with seating capacity over six shall pay, ((at the time they file gross earning returns with the utilities and transportation commission)) upon application for renewal of vehicle registration, the sum of fifteen cents for each one hundred vehicle miles operated by each auto stage over the public highways of this state. However, in the case of each auto stage propelled by steam, electricity, natural gas, diesel oil, butane, or propane, the payment required in this section is twenty cents per one hundred miles of such operation. The ((commission)) department of licensing shall transmit all sums so collected to the state treasurer, who shall deposit the same in the motor vehicle fund. Any person failing to make any payment required by this section is subject to a penalty of one hundred percent of the payment due in this section, in addition to any penalty provided for failure to submit a report. Any penalties so collected shall be credited to the public service revolving fund.

Sec. 84   RCW 46.16.160 and 2002 c 352 s 8 and 2002 c 168 s 5 are each reenacted and amended to read as follows:
     (1) The owner of a vehicle which under reciprocal relations with another jurisdiction would be required to obtain a license registration in this state or an unlicensed vehicle which would be required to obtain a license registration for operation on public highways of this state may, as an alternative to such license registration, secure and operate such vehicle under authority of a trip permit issued by this state in lieu of a Washington certificate of license registration, and licensed gross weight if applicable. The licensed gross weight may not exceed eighty thousand pounds for a combination of vehicles nor forty thousand pounds for a single unit vehicle with three or more axles. Trip permits are required for movement of mobile homes or park model trailers and may only be issued if property taxes are paid in full. For the purpose of this section, a vehicle is considered unlicensed if the licensed gross weight currently in effect for the vehicle or combination of vehicles is not adequate for the load being carried. Vehicles registered under RCW 46.16.135 shall not be operated under authority of trip permits in lieu of further registration within the same registration year.
     (2) Each trip permit shall authorize the operation of a single vehicle at the maximum legal weight limit for such vehicle for a period of three consecutive days commencing with the day of first use. No more than three such permits may be used for any one vehicle in any period of thirty consecutive days, except that in the case of a recreational vehicle as defined in RCW 43.22.335, no more than two trip permits may be used for any one vehicle in a one-year period. Every permit shall identify, as the department may require, the vehicle for which it is issued and shall be completed in its entirety and signed by the operator before operation of the vehicle on the public highways of this state. Correction of data on the permit such as dates, license number, or vehicle identification number invalidates the permit. The trip permit shall be displayed on the vehicle to which it is issued as prescribed by the department.
     (3) Vehicles operating under authority of trip permits are subject to all laws, rules, and regulations affecting the operation of like vehicles in this state.
     (4) Prorate operators operating commercial vehicles on trip permits in Washington shall retain the customer copy of such permit for four years.
     (5) Trip permits may be obtained from field offices of the department of transportation, ((Washington state patrol,)) department of licensing, or other agents appointed by the department. The fee for each trip permit is fifteen dollars. For each permit issued, the fee includes a filing fee as provided by RCW 46.01.140 and an excise tax of one dollar. The remaining portion of the trip permit fee must be deposited to the credit of the motor vehicle fund as an administrative fee. If the filing fee amount of three dollars as prescribed in RCW 46.01.140 is increased or decreased after July 1, 2002, the administrative fee must be increased or decreased by the same amount so that the total trip permit would be adjusted equally to compensate. These fees and taxes are in lieu of all other vehicle license fees and taxes. No exchange, credits, or refunds may be given for trip permits after they have been purchased.
     (6) The department may appoint county auditors or businesses as agents for the purpose of selling trip permits to the public. County auditors or businesses so appointed may retain the filing fee collected for each trip permit to defray expenses incurred in handling and selling the permits.
     (7) If a motor carrier has been placed out of service by the Washington state patrol or federal motor carrier safety administration, or the motor carrier's department of transportation number has been revoked, then a commercial motor vehicle owned, controlled, managed, or operated by the motor carrier may not be operated on a trip permit. A violation of or a failure to comply with this subsection is a gross misdemeanor subject to a minimum monetary penalty of two thousand five hundred dollars for the first violation and five thousand dollars for each subsequent violation.
     (8) Except as provided in subsection (7) of this section, a violation of or a failure to comply with any provision of this section is a gross misdemeanor.
     (((8))) (9) The department of licensing may adopt rules as it deems necessary to administer this section.
     (((9))) (10) A surcharge of five dollars is imposed on the issuance of trip permits. The portion of the surcharge paid by motor carriers must be deposited in the motor vehicle fund for the purpose of supporting vehicle weigh stations, weigh-in-motion programs, and the commercial vehicle information systems and networks program. The remaining portion of the surcharge must be deposited in the motor vehicle fund for the purpose of supporting congestion relief programs. All other administrative fees and excise taxes collected under the provisions of this chapter shall be forwarded by the department with proper identifying detailed report to the state treasurer who shall deposit the administrative fees to the credit of the motor vehicle fund and the excise taxes to the credit of the general fund. Filing fees will be forwarded and reported to the state treasurer by the department as prescribed in RCW 46.01.140.

Sec. 85   RCW 46.25.170 and 1989 c 178 s 19 are each amended to read as follows:
     (1) A person ((subject to RCW 81.04.405 who is determined by the utilities and transportation commission, after notice, to have committed an act that is in)) or entity, including any motor carrier and any officer, agent, or employee of a motor carrier, who violates or procures, aids, or abets in the violation of RCW 46.25.020, 46.25.030, 46.25.040, 46.25.050, or 46.25.110 ((is liable to Washington state for the civil penalties provided for in RCW 81.04.405)) incurs a penalty of one hundred dollars. Each violation is a separate and distinct offense and each day of a continuing violation is a separate and distinct violation. Every act or omission that procures, aids, or abets in the violation of this section is subject to the penalty provided in this section. The penalty provided in this section is due and payable when the person incurring the penalty receives written notice, from the Washington state patrol or the department of licensing, that describes the violation and advises the person that the penalty is due. If the amount of the penalty is not paid to the department of licensing within fifteen days of notice, the attorney general shall bring an action in the name of the state of Washington in the superior court of Thurston county, or another county in which the violator may do business, to recover the penalty. All penalties recovered under this section shall be paid into the state treasury and credited to the motor vehicle account.
     (2) A person who violates or fails to comply with, or who procures, aids, or abets in the violation of ((any provision of)) RCW 46.25.020, 46.25.030, 46.25.040, 46.25.050, or 46.25.110 is guilty of a gross misdemeanor.

Sec. 86   RCW 46.30.020 and 2003 c 221 s 1 are each amended to read as follows:
     (1)(a) No person may operate a motor vehicle subject to registration under chapter 46.16 RCW in this state unless the person is insured under a motor vehicle liability policy with liability limits of at least the amounts provided in RCW 46.29.090, is self-insured as provided in RCW 46.29.630, is covered by a certificate of deposit in conformance with RCW 46.29.550, or is covered by a liability bond of at least the amounts provided in RCW 46.29.090. Written proof of financial responsibility for motor vehicle operation must be provided on the request of a law enforcement officer in the format specified under RCW 46.30.030.
     (b) A person who drives a motor vehicle that is required to be registered in another state that requires drivers and owners of vehicles in that state to maintain insurance or financial responsibility shall, when requested by a law enforcement officer, provide evidence of financial responsibility or insurance as is required by the laws of the state in which the vehicle is registered.
     (c) When asked to do so by a law enforcement officer, failure to display an insurance identification card as specified under RCW 46.30.030 creates a presumption that the person does not have motor vehicle insurance.
     (d) Failure to provide proof of motor vehicle insurance is a traffic infraction and is subject to penalties as set by the supreme court under RCW 46.63.110 or community restitution.
     (2) If a person cited for a violation of subsection (1) of this section appears in person before the court or a violations bureau and provides written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, the citation shall be dismissed and the court or violations bureau may assess court administrative costs of twenty-five dollars at the time of dismissal. In lieu of personal appearance, a person cited for a violation of subsection (1) of this section may, before the date scheduled for the person's appearance before the court or violations bureau, submit by mail to the court or violations bureau written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, in which case the citation shall be dismissed without cost, except that the court or violations bureau may assess court administrative costs of twenty-five dollars at the time of dismissal.
     (3) The provisions of this chapter shall not govern:
     (a) The operation of a motor vehicle registered under RCW 46.16.305(1)((,)) or governed by RCW 46.16.020((, or registered with the Washington utilities and transportation commission as common or contract carriers)); or
     (b) The operation of a motorcycle as defined in RCW 46.04.330, a motor-driven cycle as defined in RCW 46.04.332, or a moped as defined in RCW 46.04.304.
     (4) RCW 46.29.490 shall not be deemed to govern all motor vehicle liability policies required by this chapter but only those certified for the purposes stated in chapter 46.29 RCW.
     (5)(a) The department of licensing shall require a motor carrier, auto transportation company, charter party carrier, excursion service carrier, private nonprofit transportation provider, solid waste collection company, and household goods carrier who operates in this state to (i) procure, file, and maintain liability and property damage insurance from a company licensed to write such insurance in the state of Washington, or (ii) deposit a security, for the limits of liability and upon terms and conditions that the department shall determine as necessary for the reasonable protection of the public against damage and injury that a carrier may be liable for in the operation of any motor vehicle. In fixing the limits of liability and property damage insurance, or deposit of security, the department shall consider the character and amount of traffic, the number of individuals affected, and the degree of danger involved in the proposed operation.
     (b) If an entity subject to this section fails to comply with this subsection, or the department receives notification of the cancellation of, revocation of, or noncompliant modification to the liability or property damage insurance policy or policies, or withdrawal of any part of a required security deposit, then the department shall notify the entity in writing that failure to conform to the requirements of this subsection within ten calendar days of the notice will result in the revocation of vehicle registrations for all commercial motor vehicles owned, controlled, managed, or operated by the entity. If, within ten days of the written notice, the entity neither complies with this subsection nor documents compliance to the satisfaction of the department, then the department shall revoke the vehicle registrations for all commercial motor vehicles owned, controlled, managed, or operated by the entity. In addition to all other penalties provided by law, an entity who violates this subsection is subject to a minimum penalty of five thousand dollars. Each violation is a separate and distinct offense, and each day of a continuing violation is a separate and distinct violation.
     (c) If the department is notified of the cancellation of, revocation of, or other changes in the required insurance or security of a motor carrier authorized to transport radioactive or hazardous materials, the department shall immediately notify the state radiation control agency of the cancellation, revocation, or change.
     (d) The department shall notify the utilities commission when a household goods carrier initially files liability insurance with the department. If the department is notified of the cancellation of, revocation of, or other changes in the required insurance or security of a household goods carrier, the department shall immediately notify the utilities commission of the cancellation, revocation, or change.
     (e) The department shall notify the utilities commission when a transportation provider who offers airport shuttle service initially files liability insurance with the department. If the department is notified of the cancellation of, revocation of, or other changes in the required insurance or security of a transportation provider who offers airport shuttle service, the department shall immediately notify the utilities commission of the cancellation, revocation, or change.
     (f) Cities, counties, and other local government entities may not prescribe insurance, liability, or surety requirements for an entity subject to this section.

Sec. 87   RCW 46.32.010 and 1993 c 403 s 2 are each amended to read as follows:
     (1) The chief of the Washington state patrol may operate, maintain, or designate, throughout the state of Washington, stations for the inspection of commercial motor vehicles, school buses, and private carrier buses, with respect to vehicle equipment, drivers' qualifications, and hours of service, and to set reasonable times when inspection of vehicles shall be performed.
     (2) The state patrol may inspect a commercial motor vehicle while the vehicle is operating on the public highways of this state with respect to vehicle equipment, hours of service, and driver qualifications.
     (3) It is unlawful for any vehicle required to be inspected to be operated over the public highways of this state unless and until it has been approved periodically as to equipment.
     (4) Inspections shall be performed by a responsible employee of the chief of the Washington state patrol, who shall be duly authorized and who shall have authority to secure and withhold, with written notice to the director of licensing, the certificate of license registration and license plates of any vehicle found to be defective in equipment so as to be unsafe or unfit to be operated upon the highways of this state, and it shall be unlawful for any person to operate ((such)) a vehicle placed out of service by an officer of the state patrol unless and until it has been placed in a condition satisfactory to pass a subsequent equipment inspection. The ((police)) officer in charge of such vehicle equipment inspection shall grant to the operator of such defective vehicle the privilege to move such vehicle to a place for repair under such restrictions as may be reasonably necessary.
     (5) In the event any insignia, sticker, or other marker is adopted to be displayed upon vehicles in connection with the inspection of vehicle equipment, it shall be displayed as required by the rules of the chief of the Washington state patrol, and it is a traffic infraction for any person to mutilate, destroy, remove, or otherwise interfere with the display thereof.
     (6) It is a traffic infraction for any person to refuse to have his or her motor vehicle examined as required by the chief of the Washington state patrol, or, after having had it examined, to refuse to place an insignia, sticker, or other marker, if issued, upon the vehicle, or fraudulently to obtain any such insignia, sticker, or other marker, or to refuse to place his or her motor vehicle in proper condition after having had it examined, or in any manner, to fail to conform to the provisions of this chapter.
     (7) It is a traffic infraction for any person to perform false or improvised repairs, or repairs in any manner not in accordance with acceptable and customary repair practices, upon a motor vehicle.

Sec. 88   RCW 46.32.080 and 1995 c 272 s 1 are each amended to read as follows:
     (1) The Washington state patrol is responsible for enforcement of safety requirements for commercial motor vehicles((,)) including, but not limited to ((terminal)), safety audits and compliance reviews as defined by 49 C.F.R. Sec. 385.3. ((Those)) Motor carriers that have ((terminal)) operations in this state are subject to the state patrol's ((terminal)) safety audits and compliance review program. Compliance reviews may result in an enforcement action, including monetary penalties.
     (2) All records required by 49 C.F.R. Parts 40 and 380 through 397, documents, and commercial motor vehicles of motor carriers with operations in this state must be available for review and inspection during normal business hours. Duly authorized agents of the state patrol conducting safety audits and compliance reviews may enter the motor carrier's place of business, or any location where records or equipment are located, at reasonable times and without advanced notice. Motor carriers who do not permit duly authorized agents to enter their place of business, or any location where records or equipment are located, for safety audits and compliance reviews are subject to an enforcement action, including monetary penalties.
     (3) This section does not apply to:
     (a) Motor vehicles owned and operated by ((farmers)) a farmer in the transportation of ((their own)) the farmer's farm, orchard, or dairy products, including livestock and plant or animal wastes, ((from point of production to market or disposal)) within one hundred fifty miles of the farmer's property; or supplies or commodities to be used on the farm, orchard, or dairy; and
     (b) ((Commercial motor carriers subject to economic regulation under chapters 81.68 (auto transportation companies), 81.70 (passenger charter carriers), 81.77 (solid waste collection companies), 81.80 (motor freight carriers), and 81.90 (limousine charter carriers) RCW; and
     (c))) Vehicles exempted from registration by RCW 46.16.020.

Sec. 89   RCW 46.32.090 and 1996 c 86 s 1 are each amended to read as follows:
     The department shall collect a fee of ((ten)) fourteen dollars, in addition to all other fees and taxes, for each motor vehicle base plated in the state of Washington that is subject to highway inspections and ((terminal audits)) compliance reviews under RCW 46.32.080 (as recodified by this act), at the time of registration and renewal of registration under chapter 46.16 or 46.87 RCW, or the international registration plan if ((based [base])) base plated in a foreign jurisdiction. The ((ten-dollar)) fee must be apportioned for those vehicles operating interstate and registered under the international registration plan. This fee does not apply to nonmotor-powered vehicles, including trailers. Refunds will not be provided for fees paid under this section when the vehicle is no longer subject to RCW 46.32.080 (as recodified by this act). The department may deduct an amount equal to the cost of administering the program. All remaining fees shall be deposited with the state treasurer and credited to the state patrol highway account of the motor vehicle fund.

Sec. 90   RCW 46.32.100 and 2005 c 444 s 1 are each amended to read as follows:
     (1)(a) In addition to all other penalties provided by law, a commercial motor vehicle that is subject to ((terminal safety audits)) compliance reviews under this chapter and an officer, agent, or employee of a company operating a commercial motor vehicle who violates or who procures, aids, or abets in the violation of this title or any order or rule of the state patrol is liable for a penalty of one hundred dollars for each violation, except for each violation of 49 C.F.R. Pt. 382, controlled substances and alcohol use and testing, 49 C.F.R. Sec. 391.15, disqualification of drivers, and 49 C.F.R. Sec. 396.9(c)(2), moving a vehicle placed out of service before the out-of-service defects have been satisfactorily repaired, for which the person is ((liable for)) subject to a penalty of five hundred dollars. The driver of a commercial motor vehicle who is subject to compliance reviews under this chapter and who has violated an out-of-service order is subject to a penalty of at least one thousand one hundred dollars but not more than two thousand seven hundred fifty dollars, in addition to disqualification under 49 C.F.R. Sec. 383.51(e). An employer who violates 49 C.F.R. Sec. 383.37(c) is subject to a penalty of at least two thousand seven hundred fifty dollars but not more than eleven thousand dollars. An employer who violates 49 C.F.R. Sec. 383.37(d) is subject to a penalty of not more than ten thousand dollars. Any person who knowingly violates 49 C.F.R. Sec. 387 Subpart A is subject to a penalty of not more than eleven thousand dollars. Each violation is a separate and distinct offense, and ((in case)) each day of a continuing violation ((every day's continuance)) is a separate and distinct violation.
     (b) In addition to all other penalties provided by law, any motor carrier, company, or any officer or agent of a motor carrier or company operating a commercial motor vehicle subject to compliance reviews under this chapter who refuses entry or to make the required records, documents, and vehicles available to a duly authorized agent of the state patrol: (i) Is subject to a penalty of at least five thousand dollars; (ii) may be placed out of service; and (iii) may have its commercial vehicle registrations revoked by the department of licensing. Each violation is a separate and distinct offense, and each day of a continuing violation is a separate and distinct violation.
     (c) A motor carrier who operates a commercial motor vehicle in violation of an out-of-service order is subject to a monetary penalty of not more than eleven thousand dollars. Each day that a motor carrier operates a commercial motor vehicle in violation of an out-of-service order is a separate and distinct violation under this subsection.
     (2) The Washington state patrol may place a motor carrier or commercial motor vehicle out of service for violations of this chapter or for nonpayment of any monetary penalty assessed as a result of compliance reviews. The state patrol shall notify the department of licensing when the state patrol places a motor carrier or commercial motor vehicle out of service. An out-of-service order remains in effect until the reasons that caused the order have been corrected.
     ((The)) (3) Any penalty provided in this section is due and payable when the person incurring it receives a notice in writing from the state patrol describing the violation and advising the person that the penalty is due. ((The patrol may, upon written application for review, received within fifteen days, remit or mitigate a penalty provided for in this section or discontinue a prosecution to recover the penalty upon such terms it deems proper and may ascertain the facts upon all such applications in such manner and under such rules as it deems proper.)) If the amount of the penalty is not paid to the state patrol within ((fifteen)) twenty days after the later of (a) receipt of the notice imposing the penalty, or ((application for remission or mitigation has not been made within fifteen days after the violator has received notice of the)) (b) disposition of ((the application,)) an adjudicative proceeding regarding the penalty, the state patrol may commence an adjudicative proceeding under chapter 34.05 RCW in the name of the state of Washington to confirm the violation and recover the penalty. In all such proceedings the procedure and rules of evidence are as specified in chapter 34.05 RCW except as otherwise provided in this chapter. All penalties recovered under this section shall be paid into the state treasury and credited to the state patrol highway account of the motor vehicle fund.

Sec. 91   RCW 46.44.105 and 2006 c 297 s 1 and 2006 c 50 s 4 are each reenacted and amended to read as follows:
     (1) Violation of any of the provisions of this chapter is a traffic infraction, and upon the first finding thereof shall be assessed a basic penalty of not less than fifty dollars; and upon a second finding thereof shall be assessed a basic penalty of not less than seventy-five dollars; and upon a third or subsequent finding shall be assessed a basic penalty of not less than one hundred dollars.
     (2) In addition to the penalties imposed in subsection (1) of this section, any person violating RCW 46.44.041, 46.44.042, 46.44.047, 46.44.090, 46.44.091, or 46.44.095 shall be assessed a penalty for each pound overweight, as follows:
     (a) One pound through four thousand pounds overweight is three cents for each pound;
     (b) Four thousand one pounds through ten thousand pounds overweight is one hundred twenty dollars plus twelve cents per pound for each additional pound over four thousand pounds overweight;
     (c) Ten thousand one pounds through fifteen thousand pounds overweight is eight hundred forty dollars plus sixteen cents per pound for each additional pound over ten thousand pounds overweight;
     (d) Fifteen thousand one pounds through twenty thousand pounds overweight is one thousand six hundred forty dollars plus twenty cents per pound for each additional pound over fifteen thousand pounds overweight;
     (e) Twenty thousand one pounds and more is two thousand six hundred forty dollars plus thirty cents per pound for each additional pound over twenty thousand pounds overweight.
     Upon a first violation in any calendar year, the court may suspend the penalty for five hundred pounds of excess weight for each axle on any vehicle or combination of vehicles, not to exceed a two thousand pound suspension. In no case may the basic penalty assessed in subsection (1) of this section or the additional penalty assessed in subsection (2) of this section, except as provided for the first violation, be suspended.
     (3) ((Whenever any vehicle or combination of vehicles is involved in two violations of RCW 46.44.041, 46.44.042, 46.44.047, 46.44.090, 46.44.091, or 46.44.095 during any twelve-month period, the court may suspend the certificate of license registration of the vehicle or combination of vehicles for not less than thirty days. Upon a third or succeeding violation of RCW 46.44.041, 46.44.042, 46.44.047, 46.44.090, 46.44.091, or 46.44.095, during any twelve-month period or a third or succeeding out-of-service violation, as defined in the code of federal regulations as of June 7, 2006, during any twelve-month period, the court shall suspend the certificate of license registration for not less than thirty days. Whenever the certificate of license registration is suspended, the court shall secure such certificate and immediately forward the same to the director with information concerning the suspension.
     (4))) Any person found to have violated any posted limitations of a highway or section of highway shall be assessed a monetary penalty of not less than one hundred and fifty dollars, and the court shall in addition thereto upon second violation within a twelve-month period involving the same power unit, suspend the certificate of license registration for not less than thirty days.
     (((5))) (4) It is unlawful for the driver of a vehicle to fail or refuse to stop and submit the vehicle and load to a weighing, or to fail or refuse, when directed by an officer upon a weighing of the vehicle to stop the vehicle and otherwise comply with the provisions of this section. It is unlawful for a driver of a commercial motor vehicle as defined in RCW 46.32.005, other than the driver of a bus as defined in RCW 46.32.005(3) or a vehicle with a gross vehicle weight rating or gross combination weight rating of 7,257 kilograms or less (16,000 pounds or less) and not transporting hazardous materials in accordance with RCW 46.32.005(4), to fail or refuse to stop at a weighing station when proper traffic control signs indicate scales are open. However, unladen tow trucks regardless of weight and farm vehicles carrying farm produce with a gross vehicle weight rating or gross combination weight rating of 11,794 kilograms or less (26,000 pounds or less) may fail or refuse to stop at a weighing station when proper traffic control signs indicate scales are open.
     Any police officer is authorized to require the driver of any vehicle or combination of vehicles to stop and submit to a weighing either by means of a portable or stationary scale and may require that the vehicle be driven to the nearest public scale. Whenever a police officer, upon weighing a vehicle and load, determines that the weight is unlawful, the officer may require the driver to stop the vehicle in a suitable location and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of the vehicle to the limit permitted by law. If the vehicle is loaded with grain or other perishable commodities, the driver shall be permitted to proceed without removing any of the load, unless the gross weight of the vehicle and load exceeds by more than ten percent the limit permitted by this chapter. The owner or operator of the vehicle shall care for all materials unloaded at the risk of the owner or operator.
     Any vehicle whose driver or owner represents that the vehicle is disabled or otherwise unable to proceed to a weighing location shall have its load sealed or otherwise marked by any police officer. The owner or driver shall be directed that upon completion of repairs, the vehicle shall submit to weighing with the load and markings and/or seal intact and undisturbed. Failure to report for weighing, appearing for weighing with the seal broken or the markings disturbed, or removal of any cargo prior to weighing is unlawful. Any person so convicted shall be fined one thousand dollars, and in addition the certificate of license registration shall be suspended for not less than thirty days.
     (((6))) (5) Any other provision of law to the contrary notwithstanding, district courts having venue have concurrent jurisdiction with the superior courts for the imposition of any penalties authorized under this section.
     (((7))) (6) For the purpose of determining additional penalties as provided by subsection (2) of this section, "overweight" means the poundage in excess of the maximum allowable gross weight or axle/axle grouping weight prescribed by RCW 46.44.041, 46.44.042, 46.44.047, 46.44.091, and 46.44.095.
     (((8))) (7) The penalties provided in subsections (1) and (2) of this section shall be remitted as provided in chapter 3.62 RCW or RCW 10.82.070. For the purpose of computing the basic penalties and additional penalties to be imposed under subsections (1) and (2) of this section, the convictions shall be on the same vehicle or combination of vehicles within a twelve-month period under the same ownership.
     (((9))) (8) Any state patrol officer or any weight control officer who finds any person operating a vehicle or a combination of vehicles in violation of the conditions of a permit issued under RCW 46.44.047, 46.44.090, and 46.44.095 may confiscate the permit and forward it to the state department of transportation which may return it to the permittee or revoke, cancel, or suspend it without refund. The department of transportation shall keep a record of all action taken upon permits so confiscated, and if a permit is returned to the permittee the action taken by the department of transportation shall be endorsed thereon. Any permittee whose permit is suspended or revoked may upon request receive a hearing before the department of transportation or person designated by that department. After the hearing the department of transportation may reinstate any permit or revise its previous action.
     Every permit issued as provided for in this chapter shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any law enforcement officer or authorized agent of any authority granting such a permit.
     Upon the third finding within a calendar year of a violation of the requirements and conditions of a permit issued under RCW 46.44.095, the permit shall be canceled, and the canceled permit shall be immediately transmitted by the court or the arresting officer to the department of transportation. The vehicle covered by the canceled permit is not eligible for a new permit for a period of thirty days.
     (((10))) (9) For the purposes of determining gross weights the actual scale weight taken by the arresting officer is prima facie evidence of the total gross weight.
     (((11))) (10) It is a traffic infraction to direct the loading of a vehicle with knowledge that it violates the requirements in RCW 46.44.041, 46.44.042, 46.44.047, 46.44.090, 46.44.091, or 46.44.095 and that it is to be operated on the public highways of this state.
     (((12))) (11) The chief of the state patrol, with the advice of the department, may adopt reasonable rules to aid in the enforcement of this section.

Sec. 92   RCW 46.48.175 and 1980 c 104 s 1 are each amended to read as follows:
     Each violation of any rules and/or regulations made pursuant to RCW 46.48.170 or ((81.80.290)) section 73 of this act pertaining to vehicle equipment on motor carriers transporting hazardous material shall be a misdemeanor.
     Bail for such a violation shall be set at a minimum of one hundred dollars. The fine for such a violation shall be not less than two hundred dollars nor more than five hundred dollars. Compliance with the provisions of this chapter is the primary responsibility of the owner or lessee of the vehicle or any vehicle used in combination that is cited in the violation.

Sec. 93   RCW 46.52.060 and 2005 c 171 s 2 are each amended to read as follows:
     It shall be the duty of the chief of the Washington state patrol to file, tabulate, and analyze all accident reports and to publish annually, immediately following the close of each fiscal year, and monthly during the course of the year, statistical information based thereon showing the number of accidents, the location, the frequency, whether any driver involved in the accident was distracted at the time of the accident and the circumstances thereof, and other statistical information which may prove of assistance in determining the cause of vehicular accidents. Distractions contributing to an accident to be reported must include at least the following: Not distracted; operating a handheld electronic telecommunication device; operating a hands-free wireless telecommunication device; other electronic devices (including, but not limited to, PDA's, laptop computers, navigational devices, etc.); adjusting an audio or entertainment system; smoking; eating or drinking; reading or writing; grooming; interacting with children, passengers, animals, or objects in the vehicle; other inside distractions; outside distractions; and distraction unknown.
     Such accident reports and analysis or reports thereof shall be available to the director of licensing, the department of transportation, the ((utilities and)) transportation commission, the traffic safety commission, and other public entities authorized by the chief of the Washington state patrol, or their duly authorized representatives, for further tabulation and analysis for pertinent data relating to the regulation of highway traffic, highway construction, vehicle operators and all other purposes, and to publish information so derived as may be deemed of publication value.

Sec. 94   RCW 46.61.350 and 1977 c 78 s 1 are each amended to read as follows:
     (1) The driver of any motor vehicle carrying passengers for hire, other than a passenger car, or of any school bus or private carrier bus carrying any school child or other passenger, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within fifty feet but not less than fifteen feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he or she can do so safely. After stopping as required herein and upon proceeding when it is safe to do so the driver of any said vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing, and the driver shall not shift gears while crossing the track or tracks.
     (2) This section shall not apply at:
     (a) Any railroad grade crossing at which traffic is controlled by a police officer or a duly authorized flagman;
     (b) Any railroad grade crossing at which traffic is regulated by a traffic control signal;
     (c) Any railroad grade crossing protected by crossing gates or an alternately flashing light signal intended to give warning of the approach of a railroad train((;
     (d) Any railroad grade crossing at which an official traffic control device as designated by the utilities and transportation commission pursuant to RCW 81.53.060 gives notice that the stopping requirement imposed by this section does not apply)).

Sec. 95   RCW 46.61.410 and 1996 c 52 s 1 are each amended to read as follows:
     (1)(a) Subject to subsection (2) of this section, the secretary may increase the maximum speed limit on any highway or portion thereof to not more than seventy miles per hour in accordance with the design speed thereof (taking into account all safety elements included therein), or whenever the secretary determines upon the basis of an engineering and traffic investigation that such greater speed is reasonable and safe under the circumstances existing on such part of the highway.
     (b) The greater maximum limit established under (a) of this subsection shall be effective when appropriate signs giving notice thereof are erected, or if a maximum limit is established for auto stages which is lower than the limit for automobiles, the auto stage speed limit shall become effective thirty days after written notice thereof is mailed in the manner provided in subsection (4) of this section.
     (c) Such maximum speed limit may be declared to be effective at all times or at such times as are indicated upon said signs or in the case of auto stages, as indicated in said written notice; and differing limits may be established for different times of day, different types of vehicles, varying weather conditions, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs or if a maximum limit is established for auto stages which is lower than the limit for automobiles, the auto stage speed limit shall become effective thirty days after written notice thereof is mailed in the manner provided in subsection (4) of this section.
     (2) The maximum speed limit for vehicles over ten thousand pounds gross weight and vehicles in combination except auto stages shall not exceed sixty miles per hour and may be established at a lower limit by the secretary as provided in RCW 46.61.405.
     (3) The word "trucks" used by the department on signs giving notice of maximum speed limits means vehicles over ten thousand pounds gross weight and all vehicles in combination except auto stages.
     (4) Whenever the secretary establishes maximum speed limits for auto stages lower than the maximum limits for automobiles, the secretary shall ((cause to be mailed)) mail notice ((thereof)) to each auto transportation company ((holding a certificate of public convenience and necessity issued by the Washington utilities and transportation commission)) licensed by the department of licensing. The notice shall be mailed to the chief place of business within the state of Washington of each auto transportation company or if none exists then its chief place of business ((without)) outside the state of Washington.

Sec. 96   RCW 46.61.687 and 2005 c 415 s 1 and 2005 c 132 s 1 are each reenacted and amended to read as follows:
     (1) Whenever a child who is less than sixteen years of age is being transported in a motor vehicle that is in operation and that is required by RCW 46.37.510 to be equipped with a safety belt system in a passenger seating position, or is being transported in a neighborhood electric vehicle that is in operation, the driver of the vehicle shall keep the child properly restrained as follows:
     (a) A child must be restrained in a child restraint system, if the passenger seating position equipped with a safety belt system allows sufficient space for installation, until the child is eight years old, unless the child is four feet nine inches or taller. The child restraint system must comply with standards of the United States department of transportation and must be secured in the vehicle in accordance with instructions of the vehicle manufacturer and the child restraint system manufacturer.
     (b) A child who is eight years of age or older or four feet nine inches or taller shall be properly restrained with the motor vehicle's safety belt properly adjusted and fastened around the child's body or an appropriately fitting child restraint system.
     (c) The driver of a vehicle transporting a child who is under thirteen years old shall transport the child in the back seat positions in the vehicle where it is practical to do so.
     (2) Enforcement of subsection (1) of this section is subject to a visual inspection by law enforcement to determine if the child restraint system in use is appropriate for the child's individual height, weight, and age. The visual inspection for usage of a child restraint system must ensure that the child restraint system is being used in accordance with the instruction of the vehicle and the child restraint system manufacturers. The driver of a vehicle transporting a child who is under thirteen years old shall transport the child in the back seat positions in the vehicle where it is practical to do so.
     (3) A person violating subsection (1) of this section may be issued a notice of traffic infraction under chapter 46.63 RCW. If the person to whom the notice was issued presents proof of acquisition of an approved child passenger restraint system or a child booster seat, as appropriate, within seven days to the jurisdiction issuing the notice and the person has not previously had a violation of this section dismissed, the jurisdiction shall dismiss the notice of traffic infraction.
     (4) Failure to comply with the requirements of this section shall not constitute negligence by a parent or legal guardian. Failure to use a child restraint system shall not be admissible as evidence of negligence in any civil action.
     (5) This section does not apply to: (a) For hire vehicles((,)); (b) vehicles designed to transport sixteen or less passengers, including the driver, operated by auto transportation companies((, as defined in RCW 81.68.010,)); (c) vehicles providing customer shuttle service between parking, convention, and hotel facilities, and airport terminals((,)); and (d) school buses.
     (6) As used in this section, "child restraint system" means a child passenger restraint system that meets the federal motor vehicle safety standards set forth in 49 C.F.R. Sec. 571.213.
     (7) The requirements of subsection (1) of this section do not apply in any seating position where there is only a lap belt available and the child weighs more than forty pounds.
     (8)(a) Except as provided in (b) of this subsection, a person who has a current national certification as a child passenger safety technician and who in good faith provides inspection, adjustment, or educational services regarding child passenger restraint systems is not liable for civil damages resulting from any act or omission in providing the services, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
     (b) The immunity provided in this subsection does not apply to a certified child passenger safety technician who is employed by a retailer of child passenger restraint systems and who, during his or her hours of employment and while being compensated, provides inspection, adjustment, or educational services regarding child passenger restraint systems.

Sec. 97   RCW 46.72.010 and 1996 c 87 s 18 are each amended to read as follows:
     When used in this chapter:
     (1) ((The term)) "For hire vehicle" includes all vehicles and vessels used for the transportation of passengers for compensation, or as a private, nonprofit transportation provider, except ((auto stages,)) school buses operating exclusively under a contract to a school district, ride-sharing vehicles under chapter 46.74 RCW, limousine carriers licensed under chapter 46.72A RCW, ((vehicles used by nonprofit transportation providers for elderly or handicapped persons and their attendants under chapter 81.66 RCW, vehicles used by auto transportation companies licensed under chapter 81.68 RCW,)) and vehicles used to provide courtesy transportation at no charge to and from parking lots, hotels, and rental offices((, and vehicles used by charter party carriers of passengers and excursion service carriers licensed under chapter 81.70 RCW));
     (2) ((The term)) "For hire operator" means ((and includes)) any person, concern, or entity engaged in the transportation of passengers for compensation, or as a private, nonprofit transportation provider, in for hire vehicles.

Sec. 98   RCW 46.72.040 and 1973 c 15 s 1 are each amended to read as follows:
     (1) Before a ((permit is issued)) for hire operator may conduct business in this state, the department of licensing shall first require every for hire operator ((shall be required to deposit and thereafter keep on file with the director a surety bond running to the state of Washington covering each and every for hire vehicle as may be owned or leased by him and used in the conduct of his business as a for hire operator. Such bond shall be in the sum of one hundred thousand dollars for any recovery for death or personal injury by one person, and three hundred thousand dollars for all persons killed or receiving personal injury by reason of one act of negligence, and twenty-five thousand dollars for damage to property of any person other than the assured, with a good and sufficient surety company licensed to do business in this state as surety and to be approved by the director, conditioned for the faithful compliance by the principal of said bond with the provisions of this chapter, and to pay all damages which may be sustained by any person injured by reason of any careless negligence or unlawful act on the part of said principal, his agents or employees in the conduct of said business or in the operation of any motor propelled vehicle used in transporting passengers for compensation on any public highway of this state.)) to procure liability and property damage insurance from a company licensed to make liability insurance in the state of Washington or write a surety bond of a company licensed to write surety bonds in the state of Washington on each motor propelled vehicle used or to be used. The amount of liability insurance or surety must be no less than the greater of: (a) The amount specified by applicable federal law, if any; or (b) one hundred thousand dollars, for any recovery for personal injury by one person, and not less than three hundred thousand dollars, for any vehicle having a capacity of sixteen passengers or less, and not less than five hundred thousand dollars for any vehicle having a capacity of seventeen passengers or more for all persons receiving personal injury by reason of at least one act of negligence, and not less than fifty thousand dollars for damage to property of any person other than the insured. The department shall fix the amount of the insurance policy or policies or security deposit while considering the character and amount of traffic, the number of individuals affected, and the degree of danger that the proposed operation involves. The liability and property damage insurance or surety bond must be maintained in force on the motor propelled vehicle while in use, and each policy for liability or property damage insurance or surety bond required by this section must be filed with the department and kept in full force and effect. In addition to other penalties provided by law, failure to file the policy or surety bond with the department, or to maintain the policy or surety bone as required, is subject to a fine of not less than one thousand dollars.
     (2) Any company authorized to transport persons for compensation on the highways and engaging in interstate, or interstate and intrastate, operations within the state of Washington, which is or becomes qualified as a self-insurer under applicable federal law, is exempt, so long as the company remains qualified, from carrying or filing insurance policies or surety bonds in connection with the company's operations. The department may require the company to prove the existence and continuation of federal qualification as a self-insurer by affidavit, in a form the department prescribes.
     (3) Every officer, agent, or employee of any corporation, and every other person who violates or fails to comply with, or who procures, aids, or abets in the violation of this section, or who fails to obey, observe, or comply with any order, decision, rule, direction, demand, or requirement of the department under this section is guilty of a gross misdemeanor.
     (4) The department may collect a fee from companies subject to this chapter that covers the department's insurance monitoring obligations under this chapter.

Sec. 99   RCW 46.72.050 and 1973 c 15 s 2 are each amended to read as follows:
     ((In lieu of the surety bond as provided in this chapter, there may be deposited and kept on file and in force with the director a public liability insurance policy covering each and every motor vehicle operated or intended to be so operated, executed by an insurance company licensed and authorized to write such insurance policies in the state of Washington, assuring the applicant for a permit against property damage and personal liability to the public, with the premiums paid and payment noted thereon. Said policy of insurance shall provide a minimum coverage equal and identical to the coverage required by the aforesaid surety bond, specified under the provisions of RCW 46.72.040. No provisions of)) This chapter ((shall be construed to)) does not limit the right of any injured person to any private right of action against a for hire operator ((as herein defined)).

Sec. 100   RCW 46.72.060 and 1961 c 12 s 46.72.060 are each amended to read as follows:
     Every person having a cause of action for damages against any person, firm, or corporation receiving a permit under the provisions of this chapter, for injury, damages, or wrongful death caused by any careless, negligent, or unlawful act of any such person, firm, or corporation or ((his,)) their((, or its)) agents or employees in conducting or carrying on said business or in operating any ((motor propelled vehicle for the carrying and transporting of passengers)) for hire vehicle over and along any public street, road, or highway shall have a cause of action against the principal and surety upon the bond or the insurance company and the insured for all damages sustained, and in any such action the full amount of damages sustained may be recovered against the principal, but the recovery against the surety shall be limited to the amount of the bond.

Sec. 101   RCW 46.73.010 and 2005 c 319 s 120 are each amended to read as follows:
     The Washington state patrol may adopt rules establishing standards for qualifications and hours of service of drivers for private carriers ((as defined by RCW 81.80.010(6))). Such standards shall correlate with and, as far as reasonable, conform to the regulations contained in Title 49 C.F.R., Chapter 3, Subchapter B, Parts 391 and 395, on July 28, 1985.

Sec. 102   RCW 46.73.020 and 1985 c 333 s 2 are each amended to read as follows:
     The delegation of rule-making authority contained in RCW 46.73.010 is conditioned upon the continued receipt of federal funds or grants for the support of state enforcement of such rules. Within ninety days of finding that federal funds or grants are withdrawn or not renewed, the Washington state patrol and the ((Washington utilities and transportation commission)) department of licensing shall repeal any and all rules adopted under RCW 46.73.010.

Sec. 103   RCW 46.74.010 and 1997 c 250 s 8 and 1997 c 95 s 1 are each reenacted and amended to read as follows:
     The definitions set forth in this section shall apply throughout this chapter, unless the context clearly indicates otherwise.
     (1) "Commuter ride sharing" means a car pool or van pool arrangement whereby one or more fixed groups not exceeding fifteen persons each including the drivers, and (a) not fewer than five persons including the drivers, or (b) not fewer than four persons including the drivers where at least two of those persons are confined to wheelchairs when riding, are transported in a passenger motor vehicle with a gross vehicle weight not exceeding ten thousand pounds, excluding special rider equipment, between their places of abode or termini near such places, and their places of employment or educational or other institutions, each group in a single daily round trip where the drivers are also on the way to or from their places of employment or educational or other institution.
     (2) "Flexible commuter ride sharing" means a car pool or van pool arrangement whereby a group of at least two but not exceeding fifteen persons including the driver is transported in a passenger motor vehicle with a gross vehicle weight not exceeding ten thousand pounds, excluding special rider equipment, between their places of abode or termini near such places, and their places of employment or educational or other institutions, where the driver is also on the way to or from his or her place of employment or educational or other institution.
     (3) "Ride sharing for persons with special transportation needs" means an arrangement whereby a group of persons with special transportation needs, and their attendants, is transported by a public social service agency or a private, nonprofit transportation provider ((as defined in RCW 81.66.010(3))) in a passenger motor vehicle as defined by the department to include small buses, cutaways, and modified vans not more than twenty-eight feet long: PROVIDED, That the driver need not be a person with special transportation needs.
     (4) "Ride-sharing operator" means the person, entity, or concern, not necessarily the driver, responsible for the existence and continuance of commuter ride sharing, flexible commuter ride sharing, or ride sharing for persons with special transportation needs. ((The term)) "Ride-sharing operator" includes but is not limited to an employer, an employer's agent, an employer-organized association, a state agency, a county, a city, a public transportation benefit area, or any other political subdivision that owns or leases a ride-sharing vehicle.
     (5) "Ride-sharing promotional activities" means those activities involved in forming a commuter ride-sharing arrangement or a flexible commuter ride-sharing arrangement, including but not limited to receiving information from existing and prospective ride-sharing participants, sharing that information with other existing and prospective ride-sharing participants, matching those persons with other existing or prospective ride-sharing participants, and making assignments of persons to ride-sharing arrangements.
     (((6) "Persons with special transportation needs" means those persons defined in RCW 81.66.010(4).))

Sec. 104   RCW 46.76.010 and 1961 c 12 s 46.76.010 are each amended to read as follows:
     ((It shall be unlawful for)) Any person, firm, partnership, association, or corporation ((to engage)) engaging in the business of delivering by the driveaway or towaway methods vehicles ((not his own and of a type)) required to be registered under the laws of this state((, without procuring)) shall procure a transporter's license in accordance with ((the provisions of)) this chapter.
     This shall not apply to motor ((freight)) carriers or operations regularly ((licensed under the provisions of chapter 81.80 RCW)) contracted to haul such vehicles, as commercial goods, on trailers or semitrailers.
     "Driveaway or towaway methods" means the delivery service rendered by a motor vehicle transporter wherein motor vehicles are driven singly or in combinations by the towbar, saddlemount, or fullmount methods, or any lawful combinations thereof, or where a truck or truck-tractor draws or tows a semitrailer or trailer.

Sec. 105   RCW 46.76.067 and 1988 c 239 s 4 are each amended to read as follows:
     (1) ((Any person or organization that transports any mobile home or other vehicle for hire shall comply with this chapter and chapter 81.80 RCW. Persons or organizations that do not have a valid permit or meet other requirements under chapter 81.80 RCW shall not be issued)) The department may not issue a transporter license or transporter plates to transport mobile homes or other vehicles to any person or organization that does not meet the requirements of this title. RCW 46.76.065(5) applies to persons or organizations that have transporter licenses or plates and do not meet the requirements of ((chapter 81.80 RCW)) this title.
     (2) This section does not apply to mobile home manufacturers or dealers that are licensed and delivering the mobile home under chapter 46.70 RCW.

Sec. 106   RCW 47.06.050 and 2002 c 5 s 413 are each amended to read as follows:
     The state-owned facilities component of the statewide transportation plan shall consist of:
     (1) The state highway system plan, which identifies program and financing needs and recommends specific and financially realistic improvements to preserve the structural integrity of the state highway system, ensure acceptable operating conditions, and provide for enhanced access to scenic, recreational, and cultural resources. The state highway system plan shall contain the following elements:
     (a) A system preservation element, which shall establish structural preservation objectives for the state highway system including bridges, identify current and future structural deficiencies based upon analysis of current conditions and projected future deterioration, and recommend program funding levels and specific actions necessary to preserve the structural integrity of the state highway system consistent with adopted objectives. Lowest life cycle cost methodologies must be used in developing a pavement management system. This element shall serve as the basis for the preservation component of the six-year highway program and the two-year biennial budget request to the legislature;
     (b) A highway maintenance element, establishing service levels for highway maintenance on state-owned highways that meet benchmarks established by the transportation commission. The highway maintenance element must include an estimate of costs for achieving those service levels over twenty years. This element will serve as the basis for the maintenance component of the six-year highway program and the two-year biennial budget request to the legislature;
     (c) A capacity and operational improvement element, which shall establish operational objectives, including safety considerations, for moving people and goods on the state highway system, identify current and future capacity, operational, and safety deficiencies, and recommend program funding levels and specific improvements and strategies necessary to achieve the operational objectives. In developing capacity and operational improvement plans the department shall first assess strategies to enhance the operational efficiency of the existing system before recommending system expansion. Strategies to enhance the operational efficiencies include but are not limited to access management, transportation system management, demand management, and high-occupancy vehicle facilities. The capacity and operational improvement element must conform to the state implementation plan for air quality and be consistent with regional transportation plans adopted under chapter 47.80 RCW, and shall serve as the basis for the capacity and operational improvement portions of the six-year highway program and the two-year biennial budget request to the legislature;
     (d) A scenic and recreational highways element, which shall identify and recommend designation of scenic and recreational highways, provide for enhanced access to scenic, recreational, and cultural resources associated with designated routes, and recommend a variety of management strategies to protect, preserve, and enhance these resources. The department, affected counties, cities, and towns, regional transportation planning organizations, and other state or federal agencies shall jointly develop this element;
     (e) A paths and trails element, which shall identify the needs of nonmotorized transportation modes on the state transportation systems and provide the basis for the investment of state transportation funds in paths and trails, including funding provided under chapter 47.30 RCW.
     (2) The state ferry system plan, which shall guide capital and operating investments in the state ferry system. The plan shall establish service objectives for state ferry routes, forecast travel demand for the various markets served in the system, develop strategies for ferry system investment that consider regional and statewide vehicle and passenger needs, support local land use plans, and assure that ferry services are fully integrated with other transportation services. The plan must provide for maintenance of capital assets. The plan must also provide for preservation of capital assets based on lowest life cycle cost methodologies. The plan shall ((assess)) consider the role of private ferries ((operating under the authority of the utilities and transportation commission and shall coordinate)) when developing ferry system capital and operational plans ((with these private operations)). The ferry system plan must be consistent with the regional transportation plans for areas served by the state ferry system, and shall be developed in conjunction with the ferry advisory committees.

Sec. 107   RCW 47.06A.020 and 2005 c 319 s 125 are each amended to read as follows:
     (1) The board shall:
     (a) Adopt rules and procedures necessary to implement the freight mobility strategic investment program;
     (b) Solicit from public entities proposed projects that meet eligibility criteria established in accordance with subsection (4) of this section; and
     (c) Review and evaluate project applications based on criteria established under this section, and prioritize and select projects comprising a portfolio to be funded in part with grants from state funds appropriated for the freight mobility strategic investment program. In determining the appropriate level of state funding for a project, the board shall ensure that state funds are allocated to leverage the greatest amount of partnership funding possible. After selecting projects comprising the portfolio, the board shall submit them ((as part of its budget request to the office of financial management and the legislature)) to the secretary of the department of transportation and the transportation commission. The board shall ensure that projects submitted as part of the portfolio are not more appropriately funded with other federal, state, or local government funding mechanisms or programs. The board shall reject those projects that appear to improve overall general mobility with limited enhancement for freight mobility.
     ((The board shall provide periodic progress reports on its activities to the office of financial management and the senate and house transportation committees.))
     (2) The board may:
     (a) Accept from any state or federal agency, loans or grants for the financing of any transportation project and enter into agreements with any such agency concerning the loans or grants;
     (b) Provide technical assistance to project applicants;
     (c) Accept any gifts, grants, or loans of funds, property, or financial, or other aid in any form from any other source on any terms and conditions which are not in conflict with this chapter;
     (d) Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter; and
     (e) Do all things necessary or convenient to carry out the powers expressly granted or implied under this chapter.
     (3) The board shall designate strategic freight corridors within the state. The board shall update the list of designated strategic corridors not less than every two years, and shall establish a method of collecting and verifying data, including information on city and county-owned roadways.
     (4) The board shall utilize threshold project eligibility criteria that, at a minimum, includes the following:
     (a) The project must be on a strategic freight corridor;
     (b) The project must meet one of the following conditions:
     (i) It is primarily aimed at reducing identified barriers to freight movement with only incidental benefits to general or personal mobility; or
     (ii) It is primarily aimed at increasing capacity for the movement of freight with only incidental benefits to general or personal mobility; or
     (iii) It is primarily aimed at mitigating the impact on communities of increasing freight movement, including roadway/railway conflicts; and
     (c) The project must have a total public benefit/total public cost ratio of equal to or greater than one.
     (5) From June 11, 1998, through the biennium ending June 30, 2001, the board shall use the multicriteria analysis and scoring framework for evaluating and ranking eligible freight mobility and freight mitigation projects developed by the freight mobility project prioritization committee and contained in the January 16, 1998, report entitled "Project Eligibility, Priority and Selection Process for a Strategic Freight Investment Program." The prioritization process shall measure the degree to which projects address important program objectives and shall generate a project score that reflects a project's priority compared to other projects. The board shall assign scoring points to each criterion that indicate the relative importance of the criterion in the overall determination of project priority. After June 30, 2001, the board may supplement and refine the initial project priority criteria and scoring framework developed by the freight mobility project prioritization committee as expertise and experience is gained in administering the freight mobility program.
     (6) It is the intent of the legislature that each freight mobility project contained in the project portfolio submitted by the board utilize the greatest amount of nonstate funding possible. The board shall adopt rules that give preference to projects that contain the greatest levels of financial participation from nonprogram fund sources. The board shall consider twenty percent as the minimum partnership contribution, but shall also ensure that there are provisions allowing exceptions for projects that are located in areas where minimal local funding capacity exists or where the magnitude of the project makes the adopted partnership contribution financially unfeasible.
     (7) The board shall develop and recommend policies that address operational improvements that primarily benefit and enhance freight movement, including, but not limited to, policies that reduce congestion in truck lanes at border crossings and weigh stations and provide for access to ports during nonpeak hours.

Sec. 108   RCW 47.06A.040 and 1999 c 216 s 3 are each amended to read as follows:
     ((The board, at its option, may either appoint an executive director, who shall serve at its pleasure and whose salary shall be set by the board or make provisions ensuring the responsibilities of the executive director are carried out by an existing transportation-related state agency or by private contract.)) Staff support to the board shall be provided by the department of transportation, the transportation improvement board, and the county road administration board, or their successor agencies.

Sec. 109   RCW 47.12.066 and 1984 c 7 s 120 are each amended to read as follows:
     (1) The department may sell at fair market value, or lease at rental value (economic rent), materials or other personal property to any United States agency or to any municipal corporation, political subdivision, or another agency of the state and may provide services to any United States agency or to any municipal corporation, political subdivision, or another agency of the state at actual cost, including a reasonable amount for indirect costs.
     (2) The department may sell at fair market value materials or other personal property to any private utility company regulated by the utilities ((and transportation)) commission for the purpose of making emergency repairs to utility facilities or to protect such facilities from imminent damage upon a finding in writing by the secretary that an emergency exists.
     (3) The proceeds of all sales and leases under this section shall be placed in the motor vehicle fund.

Sec. 110   RCW 47.32.140 and 1983 c 19 s 2 are each amended to read as follows:
     Each railroad company shall keep its right of way clear of all brush and timber in the vicinity of a railroad grade crossing with a state highway for a distance of one hundred feet from the crossing in such manner as to permit a person upon the highway to obtain an unobstructed view in both directions of an approaching train. The department shall cause brush and timber to be cleared from the right of way of a state highway in the proximity of a railroad grade crossing for a distance of one hundred feet from the crossing in such manner as to permit a person upon the highway to obtain an unobstructed view in both directions of an approaching train. It is unlawful to erect or maintain a sign, signboard, or billboard, except official highway signs and traffic devices and railroad warning or operating signs, outside the corporate limits of any city or town within a distance of one hundred feet from the point of intersection of the highway and railroad grade crossing unless, after thirty days notice to the ((Washington utilities and)) department of transportation ((commission)) and the railroad operating the crossing, the department determines that it does not obscure the sight distance of a person operating a vehicle or train approaching the grade crossing.
     When a person who has erected or who maintains such a sign, signboard, or billboard, or when a railroad company permits such brush or timber in the vicinity of a railroad grade crossing with a state highway or permits the surface of a grade crossing to become inconvenient or dangerous for passage and who has the duty to maintain it, fails, neglects, or refuses to remove or cause to be removed such brush, timber, sign, signboard, or billboard, or maintain the surface of the crossing, the ((utilities and)) department of transportation ((commission upon complaint of the department or)) upon complaint of any party interested, or upon its own motion, shall enter upon a hearing in the manner now provided for hearings with respect to railroad-highway grade crossings, and make and enforce proper orders for the removal of the brush, timber, sign, signboard or billboard, or maintenance of the crossing. However, nothing in this section prevents the posting or maintaining of any legal notice or sign, signal, or traffic device required or permitted to be posted or maintained, or the placing and maintaining thereon of highway or road signs or traffic devices giving directions or distances for the information of the public when the signs are approved by the department. The department shall inspect highway grade crossings and make complaint of the violation of any provisions of this section.

Sec. 111   RCW 47.36.050 and 1984 c 7 s 190 are each amended to read as follows:
     The department shall erect and maintain upon every state highway in the state of Washington suitable and proper signs, signals, signboards, guideposts, and other traffic devices according to the adopted and designated state standard of design, erection, and location, and in the manner required by law. The department shall erect and maintain upon all state highways appropriate stop signs, warning signs, and school signs. Any person, firm, corporation, or municipal corporation, building, owning, controlling, or operating a railroad that crosses any state highway at grade shall construct, erect, and maintain at or near each point of crossing, or at such point or points as will meet the approval of the department, a sign of the type known as the saw buck crossing sign with the lettering "railroad crossing" inscribed thereon and also a suitable inscription indicating the number of tracks. The sign must be of standard design that will comply with the plans and specifications furnished by the department. Additional safety devices and signs may be installed at any time when required by the ((utilities and)) department of transportation ((commission)) as provided by laws regulating railroad-highway grade crossings.

Sec. 112   RCW 47.36.070 and 1984 c 7 s 193 are each amended to read as follows:
     Whenever any person, firm, corporation, municipal corporation, or local authorities responsible for the erection and maintenance, or either, of signs at any railroad crossing or point of danger upon any state highway fails, neglects, or refuses to erect and maintain, or either, the sign or signs as required by law at highway-railroad grade crossings, the ((utilities and)) department of transportation ((commission)) shall ((upon complaint of the department or)) upon complaint of any party interested, or upon its own motion, enter upon a hearing in the manner provided by law for hearings with respect to railroad-highway grade crossings and make and enforce proper orders for the erection or maintenance of the signs, or both.

Sec. 113   RCW 47.60.120 and 2003 c 373 s 2 and 2003 c 83 s 204 are each reenacted and amended to read as follows:
     (1) If the department acquires or constructs, maintains, and operates any ferry crossings upon ((or toll bridges over)) Puget Sound or any of its tributary or connecting waters, there shall not be constructed, operated, or maintained any other ferry crossing upon ((or bridge over)) any such waters ((within ten miles of any such crossing or bridge operated or maintained)) in a manner that would interfere with the safe operation of ferries by the department ((excepting such)), except for bridges or ferry crossings in existence((,)) and being operated and maintained ((under a)) lawfully ((issued franchise)) at the time of the location of the ferry crossing ((or construction of the toll bridge)) by the department.
     (2) ((The ten-mile distance in subsection (1) of this section means ten statute miles measured by airline distance. The ten-mile restriction shall be applied by comparing the two end points (termini) of a state ferry crossing to those of a private ferry crossing.
     (3) The Washington utilities and transportation commission may, upon written petition of a commercial ferry operator certificated or applying for certification under chapter 81.84 RCW, and upon notice and hearing, grant a waiver from the ten-mile restriction. The waiver must not be detrimental to the public interest. In making a decision to waive the ten-mile restriction, the commission shall consider, but is not limited to, the impact of the waiver on transportation congestion mitigation, air quality improvement, and the overall impact on the Washington state ferry system. The commission shall act upon a request for a waiver within ninety days after the conclusion of the hearing. A waiver is effective for a period of five years from the date of issuance. At the end of five years the waiver becomes permanent unless appealed within thirty days by the commission on its own motion, the department, or an interested party.
     (4) The department shall not maintain and operate any ferry crossing or toll bridge over Puget Sound or any of its tributary or connecting waters that would infringe upon any franchise lawfully issued by the state and in existence and being exercised at the time of the location of the ferry crossing or toll bridge by the department, without first acquiring the rights granted to such franchise holder under the franchise.
     (5))) This section does not apply to the operation of passenger-only ferry service by public transportation benefit areas meeting the requirements of RCW 36.57A.200 or to the operation of passenger-only ferry service by ferry districts.

Sec. 114   RCW 47.76.230 and 1995 c 380 s 4 are each amended to read as follows:
     (1) The department of transportation shall ((continue its responsibility for the development and implementation of)) develop and implement the state rail plan and programs, and the ((utilities and)) transportation commission ((shall continue its responsibility)) is responsible, to the extent not federally preempted, for intrastate rates, service, and safety issues.
     (2) The department of transportation shall maintain an enhanced data file on the rail system. Proprietary annual station traffic data from each railroad and the modal use of major shippers shall be obtained to the extent that such information is available.
     (3) The department of transportation shall provide technical assistance, upon request, to state agencies and local interests. Technical assistance includes, but is not limited to, the following:
     (a) Rail project cost-benefit analyses conducted in accordance with methodologies recommended by the federal railroad administration;
     (b) Assistance in the formation of county rail districts and port districts; and
     (c) Feasibility studies for rail service continuation and/or rail service assistance.
     (4) With funding authorized by the legislature, the department of transportation, in collaboration with the department of community, trade, and economic development, and local economic development agencies, and other interested public and private organizations, shall develop a cooperative process to conduct community and business information programs and to regularly disseminate information on rail matters.

Sec. 115   RCW 47.76.240 and 1995 c 380 s 5 are each amended to read as follows:
     The state, counties, local communities, ports, railroads, labor, and shippers all benefit from continuation of rail service and should participate in its preservation. Lines that provide benefits to the state and local jurisdictions, such as avoided roadway costs, reduced traffic congestion, economic development potential, environmental protection, and safety, should be assisted through the joint efforts of the state, local jurisdictions, and the private sector.
     State funding for rail service, rail preservation, and corridor preservation projects must benefit the state's interests. The state's interest is served by reducing public roadway maintenance and repair costs, increasing economic development opportunities, increasing domestic and international trade, preserving jobs, and enhancing safety. State funding for projects is contingent upon appropriate local jurisdiction and private sector participation and cooperation. Before spending state moneys on projects the department shall seek federal, local, and private funding and participation to the greatest extent possible.
     (1) The department of transportation shall continue to monitor the status of the state's mainline and branchline common carrier railroads and preserved rail corridors through the state rail plan and various analyses, and shall seek alternatives to abandonment prior to interstate commerce commission proceedings, where feasible.
     (2) The ((utilities and)) transportation commission shall intervene in interstate commerce commission proceedings on abandonments, when necessary, to protect the state's interest.
     (3) The department of transportation, in consultation with the Washington state freight rail policy advisory committee, shall establish criteria for evaluating rail projects and corridors of significance to the state.
     (4) Local jurisdictions may implement rail service preservation projects in the absence of state participation.
     (5) The department of transportation shall continue to monitor projects for which it provides assistance.

Sec. 116   RCW 47.79.020 and 1993 c 381 s 2 are each amended to read as follows:
     The legislature finds that there is substantial public benefit to establishing a high-speed ground transportation program in this state. The program shall implement the recommendations of the high-speed ground transportation steering committee report dated October 15, 1992. The program shall be administered by the department of transportation in close cooperation with ((the utilities and transportation commission and)) affected cities and counties.
     The high-speed ground transportation program shall have the following goals:
     (1) Implement high-speed ground transportation service offering top speeds over 150 m.p.h. between Everett and Portland, Oregon by 2020. This would be accomplished by meeting the intermediate objectives of a maximum travel time between downtown Portland and downtown Seattle of two hours and thirty minutes by the year 2000 and maximum travel time of two hours by the year 2010;
     (2) Implement high-speed ground transportation service offering top speeds over 150 m.p.h. between Everett and Vancouver, B.C. by 2025;
     (3) Implement high-speed ground transportation service offering top speeds over 150 m.p.h. between Seattle and Spokane by 2030.
     The department of transportation shall, subject to legislative appropriation, implement such projects as necessary to achieve these goals in accordance with the implementation plans identified in RCW 47.79.030 and 47.79.040.

Sec. 117   RCW 48.22.110 and 2003 c 248 s 10 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this section and RCW 48.22.115 through 48.22.135.
     (1) "Borrower" means a person who receives a loan or enters into a retail installment contract under chapter 63.14 RCW to purchase a motor vehicle or vessel in which the secured party holds an interest.
     (2) "Motor vehicle" means a motor vehicle in this state subject to registration under chapter 46.16 RCW, except motor vehicles governed by RCW 46.16.020 ((or registered with the Washington utilities and transportation commission as common or contract carriers)).
     (3) "Secured party" means a person, corporation, association, partnership, or venture that possesses a bona fide security interest in a motor vehicle or vessel.
     (4) "Vendor single-interest" or "collateral protection coverage" means insurance coverage insuring primarily or solely the interest of a secured party but which may include the interest of the borrower in a motor vehicle or vessel serving as collateral and obtained by the secured party or its agent after the borrower has failed to obtain or maintain insurance coverage required by the financing agreement for the motor vehicle or vessel. Vendor single-interest or collateral protection coverage does not include insurance coverage purchased by a secured party for which the borrower is not charged.
     (5) "Vessel" means a vessel as defined in RCW 88.02.010 and includes personal watercraft as defined in RCW 79A.60.010.

Sec. 118   RCW 53.08.005 and 2000 c 81 s 6 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Commission" means the ((Washington)) utilities ((and transportation)) commission.
     (2) "Rural port district" means a port district formed under chapter 53.04 RCW and located in a county with an average population density of fewer than one hundred persons per square mile.
     (3) "Telecommunications" has the same meaning as contained in RCW 80.04.010.
     (4) "Telecommunications facilities" means lines, conduits, ducts, poles, wires, cables, crossarms, receivers, transmitters, instruments, machines, appliances, instrumentalities and all devices, real estate, easements, apparatus, property, and routes used, operated, owned, or controlled by any entity to facilitate the provision of telecommunications services.
     (5) "Wholesale telecommunications services" means the provision of telecommunications services or facilities for resale by an entity authorized to provide telecommunications services to the general public and internet service providers.

Sec. 119   RCW 54.04.045 and 1996 c 32 s 5 are each amended to read as follows:
     (1) As used in this section:
     (a) "Attachment" means the affixation or installation of any wire, cable, or other physical material capable of carrying electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including((,)) but not limited to cable, and any related device, apparatus, or auxiliary equipment upon any pole owned or controlled in whole or in part by one or more locally regulated utilities where the installation has been made with the necessary consent.
     (b) "Locally regulated utility" means a public utility district not subject to rate or service regulation by the utilities ((and transportation)) commission.
     (c) "Nondiscriminatory" means that pole owners may not arbitrarily differentiate among or between similar classes of persons approved for attachments.
     (2) All rates, terms, and conditions made, demanded or received by a locally regulated utility for attachments to its poles must be just, reasonable, nondiscriminatory and sufficient. A locally regulated utility shall levy attachment space rental rates that are uniform for the same class of service within the locally regulated utility service area.
     (3) Nothing in this section shall be construed or is intended to confer upon the utilities ((and transportation)) commission any authority to exercise jurisdiction over locally regulated utilities.

Sec. 120   RCW 54.04.100 and 1983 c 4 s 5 are each amended to read as follows:
     Whenever a decree of public use and necessity heretofore has been or hereafter shall be entered in condemnation proceedings conducted by a public utility district for the acquisition of electrical distribution properties, or whenever it has executed a contract for the purchase of such properties, the district may cause to be filed with the utilities ((and transportation)) commission a copy of such contract or a certified copy of the decree, together with a petition requesting that the commission cause a rate to be filed with it for the sale of wholesale power to the district. Thereupon the utilities ((and transportation)) commission shall order that a rate be filed with the commission forthwith for the sale of wholesale power to such district. The term "wholesale power" means electric energy sold for purposes of resale. The commission shall have authority to enter such order as to any public service corporation which owns or operates the electrical distribution properties being condemned or purchased or as to any such corporation which owns or operates transmission facilities within a reasonable distance of such distribution properties and which engages in the business of selling wholesale power, pursuant to contract or otherwise. The rate filed shall be for the period of service specified by the district, or if the district does not specify a particular period, such rate shall apply from the commencement of service until the district terminates same by thirty days' written notice.
     Upon reasonable notice, any such public service corporation shall furnish wholesale power to any public utility district owning or operating electrical distribution properties. Whenever a public service corporation shall furnish wholesale power to a district and the charge or rate therefor is reviewed by the commission, such reasonable rate as the commission finally may fix shall apply as to power thereafter furnished and as to that previously furnished under such charge or rate from the time that the complaint concerning the same shall have been filed by the commission or the district, as the case may be.

Sec. 121   RCW 54.16.005 and 2000 c 81 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Commission" means the ((Washington)) utilities ((and transportation)) commission.
     (2) "Telecommunications" has the same meaning as that contained in RCW 80.04.010.
     (3) "Telecommunications facilities" means lines, conduits, ducts, poles, wires, cables, crossarms, receivers, transmitters, instruments, machines, appliances, instrumentalities and all devices, real estate, easements, apparatus, property, and routes used, operated, owned, or controlled by any entity to facilitate the provision of telecommunications services.
     (4) "Wholesale telecommunications services" means the provision of telecommunications services or facilities for resale by an entity authorized to provide telecommunications services to the general public and internet service providers.

Sec. 122   RCW 54.16.040 and 1955 c 390 s 5 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 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.

Sec. 123   RCW 54.44.020 and 1997 c 230 s 2 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, cities of the first class, public utility districts organized under chapter 54.08 RCW, and joint operating agencies organized under chapter 43.52 RCW, any such cities and public utility districts which operate electric generating facilities or distribution systems and any joint operating agency shall have power and authority to participate and enter into agreements with each other and with electrical companies which are subject to the jurisdiction of the ((Washington)) utilities ((and transportation)) commission or the public utility commissioner of Oregon, hereinafter called "regulated utilities", and with rural electric cooperatives, including generation and transmission cooperatives for the undivided ownership of any type of electric generating plants and facilities, including, but not limited to nuclear and other thermal power generating plants and facilities and transmission facilities including, but not limited to, related transmission facilities, hereinafter called "common facilities", and for the planning, financing, acquisition, construction, operation, and maintenance thereof. It shall be provided in such agreements that each city, public utility district, or joint operating agency shall own a percentage of any common facility equal to the percentage of the money furnished or the value of property supplied by it for the acquisition and construction thereof and shall own and control a like percentage of the electrical output thereof.
     (2) Cities of the first class, public utility districts organized under chapter 54.08 RCW, and joint operating agencies organized under chapter 43.52 RCW, shall have the power and authority to participate and enter into agreements for the undivided ownership of a coal-fired thermal electric generating plant and facility placed in operation before July 1, 1975, including related common facilities, and for the planning, financing, acquisition, construction, operation, and maintenance of the plant and facility. It shall be provided in such agreements that each city, public utility district, or joint operating agency shall own a percentage of any common facility equal to the percentage of the money furnished or the value of property supplied by the city, district, or agency, for the acquisition and construction of the facility and shall own and control a like percentage of the electrical output thereof. Cities of the first class, public utility districts, and joint operating agencies may enter into agreements under this subsection with each other, with regulated utilities, with rural electric cooperatives, with electric companies subject to the jurisdiction of the regulatory commission of any other state, and with any power marketer subject to the jurisdiction of the federal energy regulatory commission.
     (3) Each participant shall defray its own interest and other payments required to be made or deposited in connection with any financing undertaken by it to pay its percentage of the money furnished or value of property supplied by it for the planning, acquisition, and construction of any common facility, or any additions or betterments thereto. The agreement shall provide a uniform method of determining and allocating operation and maintenance expenses of the common facility.
     (4) Each city, public utility district, joint operating agency, regulated utility, and cooperatives participating in the ownership or operation of a common facility shall pay all taxes chargeable to its share of the common facility and the electric energy generated thereby under applicable statutes as now or hereafter in effect, and may make payments during preliminary work and construction for any increased financial burden suffered by any county or other existing taxing district in the county in which the common facility is located, pursuant to agreement with such county or taxing district.

Sec. 124   RCW 54.48.030 and 1969 c 102 s 3 are each amended to read as follows:
     In aid of the foregoing declaration of policy, any public utility and any cooperative is hereby authorized to enter into agreements with any one or more other public utility or one or more other cooperative for the designation of the boundaries of adjoining service areas which each such public utility or each such cooperative shall observe, for the establishment of procedures for orderly extension of service in adjoining areas not currently served by any such public utility or any such cooperative and for the acquisition or disposal by purchase or sale by any such public utility or any such cooperative of duplicating utility facilities, which agreements shall be for a reasonable period of time not in excess of twenty-five years: PROVIDED, That the participation in such agreement of any public utility which is an electrical company under RCW 80.04.010, excepting cities and towns, shall be approved by the ((Washington)) utilities ((and transportation)) commission.

Sec. 125   RCW 54.48.040 and 1969 c 102 s 4 are each amended to read as follows:
     Nothing herein shall be construed to classify a cooperative having authority to engage in the electric business as a public utility or to include cooperatives under the authority of the ((Washington)) utilities ((and transportation)) commission.

Sec. 126   RCW 64.04.200 and 1993 c 245 s 3 are each amended to read as follows:
     Prior to closing, the seller of real property subject to a rate or charge for energy conservation measures, services, or payments provided under a tariff approved by the utilities ((and transportation)) commission pursuant to RCW 80.28.065 shall disclose to the purchaser of the real property the existence of the obligation and the possibility that the purchaser may be responsible for the payment obligation.

Sec. 127   RCW 69.04.960 and 1990 c 202 s 3 are each amended to read as follows:
     (1) The director of agriculture and the secretary of health shall jointly adopt by rule:
     (a) A list of food compatible substances other than food that may be transported in bulk form as cargo in a vehicle or vessel that is also used, on separate occasions, to transport food in bulk form as cargo. The list shall contain those substances that the director and the secretary determine will not pose a health hazard if food in bulk form were transported in the vehicle or vessel after it transported the substance. In making this determination, the director and the secretary shall assume that some residual portion of the substance will remain in the cargo carrying portion of the vehicle or vessel when the food is transported;
     (b) The procedures to be used to clean the vehicle or vessel after transporting the substance and prior to transporting the food;
     (c) The form of the certificates to be used under RCW 69.04.965; and
     (d) Requirements for the "Food or Food Compatible Only" marking which must be borne by a vehicle or vessel under RCW 69.04.955 or 69.04.965.
     (2) In developing and adopting rules under this section and RCW 69.04.970, the director and the secretary shall consult with the secretary of transportation, the chief of the state patrol, ((the chair of the utilities and transportation commission,)) and representatives of the vehicle and vessel transportation industries, food processors, and agricultural commodity organizations.

Sec. 128   RCW 69.04.980 and 1990 c 202 s 7 are each amended to read as follows:
     A person who knowingly transports a cargo in violation of RCW 69.04.955 or who knowingly causes a cargo to be transported in violation of RCW 69.04.955 is subject to a civil penalty, as determined by the director of agriculture, for each such violation as follows:
     (1) For a person's first violation or first violation in a period of five years, not more than five thousand dollars;
     (2) For a person's second or subsequent violation within five years of a previous violation, not more than ten thousand dollars.
     The director shall impose the penalty by an order which is subject to the provisions of chapter 34.05 RCW.
     The director shall, wherever practical, secure the assistance of other public agencies, including but not limited to the department of health, the ((utilities and transportation commission)) department of licensing, and the state patrol, in identifying and investigating potential violations of RCW 69.04.955.

Sec. 129   RCW 70.74.010 and 2002 c 370 s 1 are each amended to read as follows:
     As used in this chapter, unless a different meaning is plainly required by the context:
     (1) The terms "authorized", "approved" or "approval" shall be held to mean authorized, approved, or approval by the department of labor and industries.
     (2) The term "blasting agent" shall be held to mean and include any material or mixture consisting of a fuel and oxidizer, that is intended for blasting and not otherwise defined as an explosive; if the finished product, as mixed for use or shipment, cannot be detonated by means of a number 8 test blasting cap when unconfined. A number 8 test blasting cap is one containing two grams of a mixture of eighty percent mercury fulminate and twenty percent potassium chlorate, or a blasting cap of equivalent strength. An equivalent strength cap comprises 0.40-0.45 grams of PETN base charge pressed in an aluminum shell with bottom thickness not to exceed 0.03 of an inch, to a specific gravity of not less than 1.4 g/cc., and primed with standard weights of primer depending on the manufacturer.
     (3) The term "explosive" or "explosives" whenever used in this chapter, shall be held to mean and include any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion, that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing, that an ignition by fire, by friction, by concussion, by percussion, or by detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. In addition, the term "explosives" shall include all material which is classified as division 1.1, 1.2, 1.3, 1.4, 1.5, or 1.6 explosives by the United States department of transportation. For the purposes of this chapter small arms ammunition, small arms ammunition primers, smokeless powder not exceeding fifty pounds, and black powder not exceeding five pounds shall not be defined as explosives, unless possessed or used for a purpose inconsistent with small arms use or other lawful purpose.
     (4) Classification of explosives shall include but not be limited to the following:
     (a) DIVISION 1.1 and 1.2 EXPLOSIVES: Possess mass explosion or detonating hazard and include dynamite, nitroglycerin, picric acid, lead azide, fulminate of mercury, black powder exceeding five pounds, blasting caps in quantities of 1001 or more, and detonating primers.
     (b) DIVISION 1.3 EXPLOSIVES: Possess a minor blast hazard, a minor projection hazard, or a flammable hazard and include propellant explosives, including smokeless powder exceeding fifty pounds.
     (c) DIVISION 1.4, 1.5, and 1.6 EXPLOSIVES: Include certain types of manufactured articles which contain division 1.1, 1.2, or 1.3 explosives, or all, as components, but in restricted quantities, and also include blasting caps in quantities of 1000 or less.
     (5) The term "explosive-actuated power devices" shall be held to mean any tool or special mechanized device which is actuated by explosives, but not to include propellant-actuated power devices.
     (6) The term "magazine", shall be held to mean and include any building or other structure, other than an explosives manufacturing building, used for the storage of explosives.
     (7) The term "improvised device" means a device which is fabricated with explosives or destructive, lethal, noxious, pyrotechnic, or incendiary chemicals and which is designed, or has the capacity, to disfigure, destroy, distract, or harass.
     (8) The term "inhabited building", shall be held to mean and include only a building regularly occupied in whole or in part as a habitation for human beings, or any church, schoolhouse, railroad station, store, or other building where people are accustomed to assemble, other than any building or structure occupied in connection with the manufacture, transportation, storage, or use of explosives.
     (9) The term "explosives manufacturing plant" shall be held to mean and include all lands, with the buildings situated thereon, used in connection with the manufacturing or processing of explosives or in which any process involving explosives is carried on, or the storage of explosives thereat, as well as any premises where explosives are used as a component part or ingredient in the manufacture of any article or device.
     (10) The term "explosives manufacturing building", shall be held to mean and include any building or other structure (excepting magazines) containing explosives, in which the manufacture of explosives, or any processing involving explosives, is carried on, and any building where explosives are used as a component part or ingredient in the manufacture of any article or device.
     (11) The term "railroad" shall be held to mean and include any steam, electric, or other railroad which carries passengers for hire.
     (12) The term "highway" shall be held to mean and include any public street, public alley, or public road, including a privately financed, constructed, or maintained road that is regularly and openly traveled by the general public.
     (13) The term "efficient artificial barricade" shall be held to mean an artificial mound or properly revetted wall of earth of a minimum thickness of not less than three feet or such other artificial barricade as approved by the department of labor and industries.
     (14) The term "person" shall be held to mean and include any individual, firm, partnership, corporation, company, association, society, joint stock company, joint stock association, and including any trustee, receiver, assignee, or personal representative thereof.
     (15) The term "dealer" shall be held to mean and include any person who purchases explosives or blasting agents for the sole purpose of resale, and not for use or consumption.
     (16) The term "forbidden or not acceptable explosives" shall be held to mean and include explosives which are forbidden or not acceptable for transportation by common carriers by rail freight, rail express, highway, or water in accordance with the regulations of the federal department of transportation.
     (17) The term "handloader" shall be held to mean and include any person who engages in the noncommercial assembling of small arms ammunition for his or her own use, specifically the operation of installing new primers, powder, and projectiles into cartridge cases.
     (18) The term "handloader components" means small arms ammunition, small arms ammunition primers, smokeless powder not exceeding fifty pounds, and black powder as used in muzzle loading firearms not exceeding five pounds.
     (19) The term "fuel" shall be held to mean and include a substance which may react with the oxygen in the air or with the oxygen yielded by an oxidizer to produce combustion.
     (20) The term "motor vehicle" shall be held to mean and include any self-propelled automobile, truck, tractor, semi-trailer or full trailer, or other conveyance used for the transportation of freight.
     (21) The term "natural barricade" shall be held to mean and include any natural hill, mound, wall, or barrier composed of earth or rock or other solid material of a minimum thickness of not less than three feet.
     (22) The term "oxidizer" shall be held to mean a substance that yields oxygen readily to stimulate the combustion of organic matter or other fuel.
     (23) The term "propellant-actuated power device" shall be held to mean and include any tool or special mechanized device or gas generator system which is actuated by a propellant or which releases and directs work through a propellant charge.
     (24) The term "public conveyance" shall be held to mean and include any railroad car, streetcar, ferry, cab, bus, airplane, or other vehicle which is carrying passengers for hire.
     (25) The term "public utility transmission system" shall mean power transmission lines over 10 KV, telephone cables, or microwave transmission systems, or buried or exposed pipelines carrying water, natural gas, petroleum, or crude oil, or refined products and chemicals, whose services are regulated by the utilities ((and transportation)) commission, municipal, or other publicly owned systems.
     (26) The term "purchaser" shall be held to mean any person who buys, accepts, or receives any explosives or blasting agents.
     (27) The term "pyrotechnic" shall be held to mean and include any combustible or explosive compositions or manufactured articles designed and prepared for the purpose of producing audible or visible effects which are commonly referred to as fireworks as defined in chapter 70.77 RCW.
     (28) The term "small arms ammunition" shall be held to mean and include any shotgun, rifle, pistol, or revolver cartridge, and cartridges for propellant-actuated power devices and industrial guns. Military-type ammunition containing explosive bursting charges, incendiary, tracer, spotting, or pyrotechnic projectiles is excluded from this definition.
     (29) The term "small arms ammunition primers" shall be held to mean small percussion-sensitive explosive charges encased in a cup, used to ignite propellant powder and shall include percussion caps as used in muzzle loaders.
     (30) The term "smokeless powder" shall be held to mean and include solid chemicals or solid chemical mixtures in excess of fifty pounds which function by rapid combustion.
     (31) The term "user" shall be held to mean and include any natural person, manufacturer, or blaster who acquires, purchases, or uses explosives as an ultimate consumer or who supervises such use.
     ((Words used in the singular number shall include the plural, and the plural the singular.))

Sec. 130   RCW 70.74.191 and 2002 c 370 s 2 are each amended to read as follows:
     The laws contained in this chapter and regulations prescribed by the department of labor and industries pursuant to this chapter shall not apply to:
     (1) Explosives or blasting agents in the course of transportation by way of railroad, water, highway, or air under the jurisdiction of, and in conformity with, regulations adopted by the federal department of transportation, the ((Washington state)) utilities ((and transportation)) commission, and the Washington state patrol;
     (2) The laboratories of schools, colleges, and similar institutions if confined to the purpose of instruction or research and if not exceeding the quantity of one pound;
     (3) Explosives in the forms prescribed by the official United States Pharmacopoeia;
     (4) The transportation, storage, and use of explosives or blasting agents in the normal and emergency operations of United States agencies and departments including the regular United States military departments on military reservations; arsenals, navy yards, depots, or other establishments owned by, operated by, or on behalf of, the United States; or the duly authorized militia of any state; or to emergency operations of any state department or agency, any police, or any municipality or county;
     (5) A hazardous devices technician when carrying out normal and emergency operations, handling evidence, and operating and maintaining a specially designed emergency response vehicle that carries no more than ten pounds of explosive material or when conducting training and whose employer possesses the minimum safety equipment prescribed by the federal bureau of investigation for hazardous devices work. For purposes of this section, a hazardous devices technician is a person who is a graduate of the federal bureau of investigation hazardous devices school and who is employed by a state, county, or municipality;
     (6) The importation, sale, possession, and use of fireworks as defined in chapter 70.77 RCW, signaling devices, flares, fuses, and torpedoes;
     (7) The transportation, storage, and use of explosives or blasting agents in the normal and emergency avalanche control procedures as conducted by trained and licensed ski area operator personnel. However, the storage, transportation, and use of explosives and blasting agents for such use shall meet the requirements of regulations adopted by the director of labor and industries;
     (8) The storage of consumer fireworks as defined in chapter 70.77 RCW pursuant to a forfeiture or seizure under chapter 70.77 RCW by the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, or by state agencies or local governments having general law enforcement authority; and
     (9) Any violation under this chapter if any existing ordinance of any city, municipality, or county is more stringent than this chapter.

Sec. 131   RCW 70.94.610 and 1991 c 319 s 311 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, a person may not burn used oil as fuel in a land-based facility or in state waters unless the used oil meets the following standards:
     (a) Cadmium: 2 ppm maximum
     (b) Chromium: 10 ppm maximum
     (c) Lead: 100 ppm maximum
     (d) Arsenic: 5 ppm maximum
     (e) Total halogens: 1000 ppm maximum
     (f) Polychlorinated biphenyls: 2 ppm maximum
     (g) Ash: .1 percent maximum
     (h) Sulfur: 1.0 percent maximum
     (i) Flash point: 100 degrees Fahrenheit minimum.
     (2) This section shall not apply to: (a) Used oil burned in space heaters if the space heater has a maximum heat output of not greater than 0.5 million btu's per hour or used oil burned in facilities permitted by the department or a local air pollution control authority; or (b) ocean-going vessels.
     (3) This section shall not apply to persons in the business of collecting used oil from residences when under authorization by a city, county, or the utilities ((and transportation)) commission.

Sec. 132   RCW 70.95.030 and 2004 c 101 s 1 are each amended to read as follows:
     As used in this chapter, unless the context indicates otherwise:
     (1) "City" means every incorporated city and town.
     (2) "Commission" means the utilities ((and transportation)) commission.
     (3) "Committee" means the state solid waste advisory committee.
     (4) "Composted material" means organic solid waste that has been subjected to controlled aerobic degradation at a solid waste facility in compliance with the requirements of this chapter. Natural decay of organic solid waste under uncontrolled conditions does not result in composted material.
     (5) "Department" means the department of ecology.
     (6) "Director" means the director of the department of ecology.
     (7) "Disposal site" means the location where any final treatment, utilization, processing, or deposit of solid waste occurs.
     (8) "Energy recovery" means a process operating under federal and state environmental laws and regulations for converting solid waste into usable energy and for reducing the volume of solid waste.
     (9) "Functional standards" means criteria for solid waste handling expressed in terms of expected performance or solid waste handling functions.
     (10) "Incineration" means a process of reducing the volume of solid waste operating under federal and state environmental laws and regulations by use of an enclosed device using controlled flame combustion.
     (11) "Inert waste landfill" means a landfill that receives only inert waste, as determined under RCW 70.95.065, and includes facilities that use inert wastes as a component of fill.
     (12) "Jurisdictional health department" means city, county, city-county, or district public health department.
     (13) "Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility.
     (14) "Local government" means a city, town, or county.
     (15) "Modify" means to substantially change the design or operational plans including, but not limited to, removal of a design element previously set forth in a permit application or the addition of a disposal or processing activity that is not approved in the permit.
     (16) "Multiple family residence" means any structure housing two or more dwelling units.
     (17) "Person" means individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
     (18) "Recyclable materials" means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan. Prior to the adoption of the local comprehensive solid waste plan, adopted pursuant to RCW 70.95.110(2), local governments may identify recyclable materials by ordinance from July 23, 1989.
     (19) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration.
     (20) "Residence" means the regular dwelling place of an individual or individuals.
     (21) "Sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials, generated from a wastewater treatment system, that does not meet the requirements of chapter 70.95J RCW.
     (22) "Soil amendment" means any substance that is intended to improve the physical characteristics of the soil, except composted material, commercial fertilizers, agricultural liming agents, unmanipulated animal manures, unmanipulated vegetable manures, food wastes, food processing wastes, and materials exempted by rule of the department, such as biosolids as defined in chapter 70.95J RCW and wastewater as regulated in chapter 90.48 RCW.
     (23) "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.
     (24) "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof.
     (25) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates.
     (26) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, or watercourse and in, upon, or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, or watercourse, except devices moved by human or animal power or used exclusively upon stationary rails or tracks.
     (27) "Waste-derived soil amendment" means any soil amendment as defined in this chapter that is derived from solid waste as defined in RCW 70.95.030, but does not include biosolids or biosolids products regulated under chapter 70.95J RCW or wastewaters regulated under chapter 90.48 RCW.
     (28) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.
     (29) "Yard debris" means plant material commonly created in the course of maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities. Yard debris includes but is not limited to grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, vegetable garden debris, holiday trees, and tree prunings four inches or less in diameter.

Sec. 133   RCW 70.95.090 and 1991 c 298 s 3 are each amended to read as follows:
     Each county and city comprehensive solid waste management plan shall include the following:
     (1) A detailed inventory and description of all existing solid waste handling facilities, including an inventory of any deficiencies in meeting current solid waste handling needs.
     (2) The estimated long-range needs for solid waste handling facilities projected twenty years into the future.
     (3) A program for the orderly development of solid waste handling facilities in a manner consistent with the plans for the entire county which shall:
     (a) Meet the minimum functional standards for solid waste handling adopted by the department and all laws and regulations relating to air and water pollution, fire prevention, flood control, and protection of public health;
     (b) Take into account the comprehensive land use plan of each jurisdiction;
     (c) Contain a six-year construction and capital acquisition program for solid waste handling facilities; and
     (d) Contain a plan for financing both capital costs and operational expenditures of the proposed solid waste management system.
     (4) A program for surveillance and control.
     (5) A current inventory and description of solid waste collection needs and operations within each respective jurisdiction which shall include:
     (a) Any franchise for solid waste collection granted by the ((utilities and transportation)) commission in the respective jurisdictions including the name of the holder of the franchise and the address of his or her place of business and the area covered by the franchise;
     (b) Any city solid waste operation within the county and the boundaries of such operation;
     (c) The population density of each area serviced by a city operation or by a franchised operation within the respective jurisdictions;
     (d) The projected solid waste collection needs for the respective jurisdictions for the next six years.
     (6) A comprehensive waste reduction and recycling element that, in accordance with the priorities established in RCW 70.95.010, provides programs that (a) reduce the amount of waste generated, (b) provide incentives and mechanisms for source separation, and (c) establish recycling opportunities for the source separated waste.
     (7) The waste reduction and recycling element shall include the following:
     (a) Waste reduction strategies;
     (b) Source separation strategies, including:
     (i) Programs for the collection of source separated materials from residences in urban and rural areas. In urban areas, these programs shall include collection of source separated recyclable materials from single and multiple family residences, unless the department approves an alternative program, according to the criteria in the planning guidelines. Such criteria shall include: Anticipated recovery rates and levels of public participation, availability of environmentally sound disposal capacity, access to markets for recyclable materials, unreasonable cost impacts on the ratepayer over the six-year planning period, utilization of environmentally sound waste reduction and recycling technologies, and other factors as appropriate. In rural areas, these programs shall include but not be limited to drop-off boxes, buy-back centers, or a combination of both, at each solid waste transfer, processing, or disposal site, or at locations convenient to the residents of the county. The drop-off boxes and buy-back centers may be owned or operated by public, nonprofit, or private persons;
     (ii) Programs to monitor the collection of source separated waste at nonresidential sites where there is sufficient density to sustain a program;
     (iii) Programs to collect yard waste, if the county or city submitting the plan finds that there are adequate markets or capacity for composted yard waste within or near the service area to consume the majority of the material collected; and
     (iv) Programs to educate and promote the concepts of waste reduction and recycling;
     (c) Recycling strategies, including a description of markets for recyclables, a review of waste generation trends, a description of waste composition, a discussion and description of existing programs and any additional programs needed to assist public and private sector recycling, and an implementation schedule for the designation of specific materials to be collected for recycling, and for the provision of recycling collection services;
     (d) Other information the county or city submitting the plan determines is necessary.
     (8) An assessment of the plan's impact on the costs of solid waste collection. The assessment shall be prepared in conformance with guidelines established by the ((utilities and transportation)) commission. The commission shall cooperate with the Washington state association of counties and the association of Washington cities in establishing such guidelines.
     (9) A review of potential areas that meet the criteria as outlined in RCW 70.95.165.

Sec. 134   RCW 70.95.235 and 1991 c 319 s 407 are each amended to read as follows:
     (1) No person may divert to personal use any recyclable material placed in a container as part of a recycling program, without the consent of the generator of such recyclable material or the solid waste collection company operating under the authority of a town, city, county, or the ((utilities and transportation)) commission, and no person may divert to commercial use any recyclable material placed in a container as part of a recycling program, without the consent of the person owning or operating such container.
     (2) A violation of subsection (1) of this section is a class 1 civil infraction under chapter 7.80 RCW. Each violation of this section shall be a separate infraction.

Sec. 135   RCW 70.95.320 and 1998 c 156 s 9 are each amended to read as follows:
     Nothing in chapter 156, Laws of 1998 may be construed to affect chapter 81.77 RCW (as recodified by this act) and the authority of the ((utilities and transportation)) commission.

Sec. 136   RCW 70.95.400 and 2005 c 394 s 4 are each amended to read as follows:
     (1) For the purposes of this section and RCW 70.95.410, "transporter" means any person or entity that transports recyclable materials from commercial or industrial generators over the public highways of the state of Washington for compensation, and who are required to possess a permit to operate from the ((Washington utilities and transportation)) commission under chapter ((81.80)) 80.-- RCW (created under section 267 of this act). "Transporter" includes commercial recycling operations of certificated solid waste collection companies as provided in chapter 81.77 RCW (as recodified by this act). "Transporter" does not include:
     (a) Carriers of commercial recyclable materials, when such materials are owned or being bought or sold by the entity or person, and being carried in their own vehicle, when such activity is incidental to the conduct of an entity or person's primary business;
     (b) Entities or persons hauling their own recyclables or hauling recyclables they generated or purchased and transported in their own vehicles;
     (c) Nonprofit or charitable organizations collecting and transporting recyclable materials from a buyback center, drop box, or from a commercial or industrial generator of recyclable materials;
     (d) City municipal solid waste departments or city solid waste contractors; or
     (e) ((Common)) Motor carriers ((under chapter 81.80 RCW)) whose primary business is not the transportation of recyclable materials.
     (2) All transporters shall register with the department prior to the transportation of recyclable materials. The department shall supply forms for registration.
     (3) A transporter who transports recyclable materials within the state without a transporter registration required by this section is subject to a civil penalty in an amount up to one thousand dollars per violation.

Sec. 137   RCW 70.95J.020 and 1992 c 174 s 4 are each amended to read as follows:
     (1) The department shall adopt rules to implement a biosolid management program within twelve months of the adoption of federal rules, 40 C.F.R. Sec. 503, relating to technical standards for the use and disposal of sewage sludge. The biosolid management program shall, at a minimum, conform with all applicable federal rules adopted pursuant to the federal clean water act as it existed on February 4, 1987.
     (2) In addition to any federal requirements, the state biosolid management program may include, but not be limited to, an education program to provide relevant legal and scientific information to local governments and citizen groups.
     (3) Rules adopted by the department under this section shall provide for public input and involvement for all state and local permits.
     (4) Materials that have received a permit as a biosolid shall be regulated pursuant to this chapter.
     (5) The transportation of biosolids and municipal sewage sludge shall be governed by Title ((81)) 80 RCW. Certificates issued by the utilities ((and transportation)) commission before June 11, 1992, that include or authorize transportation of municipal sewage sludge shall continue in force and effect and be interpreted to include biosolids.

Sec. 138   RCW 70.95K.010 and 1994 c 165 s 2 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Biomedical waste" means, and is limited to, the following types of waste:
     (a) "Animal waste" is waste animal carcasses, body parts, and bedding of animals that are known to be infected with, or that have been inoculated with, human pathogenic microorganisms infectious to humans.
     (b) "Biosafety level 4 disease waste" is waste contaminated with blood, excretions, exudates, or secretions from humans or animals who are isolated to protect others from highly communicable infectious diseases that are identified as pathogenic organisms assigned to biosafety level 4 by the centers for disease control, national institute of health, biosafety in microbiological and biomedical laboratories, current edition.
     (c) "Cultures and stocks" are wastes infectious to humans and includes specimen cultures, cultures and stocks of etiologic agents, wastes from production of biologicals and serums, discarded live and attenuated vaccines, and laboratory waste that has come into contact with cultures and stocks of etiologic agents or blood specimens. Such waste includes but is not limited to culture dishes, blood specimen tubes, and devices used to transfer, inoculate, and mix cultures.
     (d) "Human blood and blood products" is discarded waste human blood and blood components, and materials containing free-flowing blood and blood products.
     (e) "Pathological waste" is waste human source biopsy materials, tissues, and anatomical parts that emanate from surgery, obstetrical procedures, and autopsy. "Pathological waste" does not include teeth, human corpses, remains, and anatomical parts that are intended for interment or cremation.
     (f) "Sharps waste" is all hypodermic needles, syringes with needles attached, IV tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package.
     (2) "Local government" means city, town, or county.
     (3) "Local health department" means the city, county, city-county, or district public health department.
     (4) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, or local government.
     (5) "Treatment" means incineration, sterilization, or other method, technique, or process that changes the character or composition of a biomedical waste so as to minimize the risk of transmitting an infectious disease.
     (6) "Residential sharps waste" has the same meaning as "sharps waste" in subsection (1) of this section except that the sharps waste is generated and prepared for disposal at a residence, apartment, dwelling, or other noncommercial habitat.
     (7) "Sharps waste container" means a leak-proof, rigid, puncture-resistant red container that is taped closed or tightly lidded to prevent the loss of the residential sharps waste.
     (8) "Mail programs" means those programs that provide sharps users with a multiple barrier protection kit for the placement of a sharps container and subsequent mailing of the wastes to an approved disposal facility.
     (9) "Pharmacy return programs" means those programs where sharps containers are returned by the user to designated return sites located at a pharmacy to be transported by a biomedical or solid waste collection company approved by the utilities ((and transportation)) commission.
     (10) "Drop-off programs" means those program sites designated by the solid waste planning jurisdiction where sharps users may dispose of their sharps containers.
     (11) "Source separation" has the same meaning as in RCW 70.95.030.
     (12) "Unprotected sharps" means residential sharps waste that are not disposed of in a sharps waste container.

Sec. 139   RCW 70.95K.030 and 1994 c 165 s 3 are each amended to read as follows:
     (1) A person shall not intentionally place unprotected sharps or a sharps waste container into: (a) Recycling containers provided by a city, county, or solid waste collection company, or any other recycling collection site unless that site is specifically designated by a local health department as a drop-off site for sharps waste containers; or (b) cans, carts, drop boxes, or other containers in which refuse, trash, or solid waste has been placed for collection if a source separated collection service is provided for residential sharps waste.
     (2) Local health departments shall enforce this section, primarily through an educational approach regarding proper disposal of residential sharps. On the first and second violation, the health department shall provide a warning to the person that includes information on proper disposal of residential sharps. A subsequent violation shall be a class 3 infraction under chapter 7.80 RCW.
     (3) It is not a violation of this section to place a sharps waste container into a household refuse receptacle if the utilities ((and transportation)) commission determines that such placement is necessary to reduce the potential for theft of the sharps waste container.

Sec. 140   RCW 70.95K.040 and 1994 c 165 s 4 are each amended to read as follows:
     (1) A public or private provider of solid waste collection service may provide a program to collect source separated residential sharps waste containers in conjunction with regular collection services.
     (2) A company collecting source separated residential sharps waste containers shall notify the public, in writing, on the availability of this service. Notice shall occur at least forty-five days prior to the provision of this service and shall include the following information: (a) How to properly dispose of residential sharps waste; (b) how to obtain sharps waste containers; (c) the cost of the program; (d) options to home collection of sharps waste; and (e) the legal requirements of residential sharps waste disposal.
     (3) A company under the jurisdiction of the utilities ((and transportation)) commission may provide the service authorized under subsection (1) of this section only under tariff.
     The commission may require companies collecting sharps waste containers to implement practices that will protect the containers from theft.

Sec. 141   RCW 70.95N.030 and 2006 c 183 s 3 are each amended to read as follows:
     (1) A manufacturer must participate in an independent plan or the standard plan to implement and finance the collection, transportation, and recycling of covered electronic products.
     (2) An independent plan or the standard plan must be implemented and fully operational no later than January 1, 2009.
     (3) The manufacturers participating in an approved plan are responsible for covering all administrative and operational costs associated with the collection, transportation, and recycling of their plan's equivalent share of covered electronic products. If costs are passed on to consumers, it must be done without any fees at the time the unwanted electronic product is delivered or collected for recycling. However, this does not prohibit collectors providing premium or curbside services from charging customers a fee for the additional collection cost of providing this service, when funding for collection provided by an independent plan or the standard plan does not fully cover the cost of that service.
     (4) Nothing in this chapter changes or limits the authority of the ((Washington)) utilities ((and transportation)) commission to regulate collection of solid waste in the state of Washington, including curbside collection of residential recyclable materials, nor does this chapter change or limit the authority of a city or town to provide such service itself or by contract pursuant to RCW 81.77.020 (as recodified by this act).
     (5) Manufacturers are encouraged to collaborate with electronic product retailers, certificated waste haulers, processors, recyclers, charities, and local governments within the state in the development and implementation of their plans.

Sec. 142   RCW 70.116.134 and 1991 c 18 s 1 are each amended to read as follows:
     (1) The secretary shall adopt rules pursuant to chapter 34.05 RCW establishing criteria for designating individuals or water purveyors as qualified satellite system management agencies. The criteria shall set forth minimum standards for designation as a satellite system management agency qualified to assume ownership, operation, or both, of an existing or proposed public water system. The criteria shall include demonstration of financial integrity and operational capability, and may require demonstration of previous experience in successful operation and management of a public water system.
     (2) Each county shall identify potential satellite system management agencies to the secretary for areas where: (a) No purveyor has been designated a future service area pursuant to this chapter, or (b) an existing purveyor is unable or unwilling to provide service. Preference shall be given to public utilities or utility districts or to investor-owned utilities under the jurisdiction of the utilities ((and transportation)) commission.
     (3) The secretary shall approve satellite system management agencies meeting the established criteria and shall maintain and make available to counties a list of approved agencies. Prior to the construction of a new public water system, the individual(s) proposing the new system or requesting service shall first be directed by the local agency responsible for issuing the construction or building permit to one or more qualified satellite system management agencies designated for the service area where the new system is proposed for the purpose of exploring the possibility of a satellite agency either owning or operating the proposed new water system.
     (4) Approved satellite system management agencies shall be reviewed periodically by the secretary for continued compliance with established criteria. The secretary may require status reports and other information necessary for such review. Satellite system management agencies shall be subject to reapproval at the discretion of the secretary but not less than once every five years.
     (5) The secretary may assess reasonable fees to process applications for initial approval and for periodic review of satellite system management agencies. A satellite system management account is hereby created in the custody of the state treasurer. All receipts from satellite system management agencies or applicants under subsection (4) of this section shall be deposited into the account. Funds in this account may be used only for administration of the satellite system management program. Expenditures from the account shall be authorized by the secretary or the secretary's designee. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
     (6) For purposes of this section, "satellite system management agency" and "satellite agency" shall mean a person or entity that is certified by the secretary to own or operate more than one public water system on a regional or county-wide basis, without the necessity for a physical connection between such systems.

Sec. 143   RCW 79.36.380 and 2004 c 199 s 219 are each amended to read as follows:
     Every grant, deed, conveyance, contract to purchase, or lease made since June 15, 1911, or hereafter made to any person, firm, or corporation, for a right of way for a private railroad, skid road, canal, flume, watercourse, or other easement, over or across any public lands for the purpose of, and to be used in, transporting and moving timber, minerals, stone, sand, gravel, or other valuable materials of the land, shall be subject to the right of the state, or any grantee or lessee thereof, or other person who has acquired since June 15, 1911, or shall hereafter acquire, any lands containing valuable materials contiguous to, or in proximity to, such right of way, or who has so acquired or shall hereafter acquire such valuable materials situated upon public lands or contiguous to, or in proximity to, such right of way, of having such valuable materials transported or moved over such private railroad, skid road, flume, canal, watercourse, or other easement, after the same is or has been put in operation, upon paying therefor just and reasonable rates for transportation, or for the use of such private railroad, skid road, flume, canal, watercourse, or other easement, and upon complying with just, reasonable, and proper rules and regulations relating to such transportation or use, which rates, rules, and regulations, shall be under the supervision and control of the ((utilities and transportation commission)) department of natural resources.

Sec. 144   RCW 79.36.400 and 1983 c 4 s 6 are each amended to read as follows:
     Should the owner or operator of any private railroad, skid road, flume, canal, watercourse, or other easement operating over lands acquired since the fifteenth day of June, 1911, or hereafter acquired, from the state, as in the previous sections provided, fail to agree with the state, or any grantee thereof, as to the reasonable and proper rules, regulations, and charges, concerning the transportation of timber, mineral, stone, sand, gravel, or other valuable materials, from lands contiguous to, or in proximity to, the lands over which such private railroad, skid road, flume, canal, watercourse, or other easement, is operated, for transporting or moving such valuable materials, the state, or such person, firm, or corporation, owning and desiring to have such valuable materials transported or moved, may apply to the ((state utilities and transportation commission)) department of natural resources and have the reasonableness of the rules and regulations and charges inquired into, and it shall be the duty of the ((utilities and transportation commission)) department of natural resources to inquire into the same and it is hereby given the same power and authority to investigate the same as it is now authorized to investigate or inquire into the reasonableness of rules, regulations, and charges made by railroad companies, and it is authorized and empowered to make any such order as it would make in an inquiry against a railroad company, and in case such private railroad, skid road, flume, canal, watercourse, or easement((,)) is not then in use, may make such reasonable, proper, and just rules and regulations concerning the use thereof for the purposes aforesaid as may be just and proper, and such order shall have the same force and effect, and be binding upon the parties to such hearing, as though such hearing and order was made affecting a common carrier railroad.

Sec. 145   RCW 79.36.410 and 1982 1st ex.s. c 21 s 170 are each amended to read as follows:
     In case any person, firm, or corporation, owning or operating any private railroad, skid road, flume, canal, watercourse, or other easement, over and across any state lands, or any lands acquired since the fifteenth day of June, 1911, or hereafter acquired, from the state, subject to the provisions of the preceding sections, shall violate or fail to comply with any rule, regulation, or order made by the ((utilities and transportation commission)) department of natural resources, after an inquiry and hearing as provided in the preceding section, such person, firm, or corporation, shall be subject to a penalty of not to exceed one thousand dollars for each and every violation thereof, and in addition thereto such right of way, private road, skid road, flume, canal, watercourse, or other easement and all improvements and structures on such right of way, and connected therewith, shall revert to the state or to the owner of the land over which such right of way is located, and may be recovered in an action instituted in any court of competent jurisdiction.

Sec. 146   RCW 79.36.600 and 1983 c 4 s 7 are each amended to read as follows:
     Every grant, deed, conveyance, lease, or contract hereafter made to any person, firm, or corporation over and across any state lands for the purpose of right of way for any logging and/or lumbering railroad, private railroad, skid road, flume, canal, watercourse, or other easement to be used in the hauling of timber, stone, mineral, or other natural products of the land and the manufactured products thereof and all necessary machinery, supplies, or materials to be used in transporting, cutting, manufacturing, mining, or quarrying any or all of such products, shall be subject to the right of the state, or any grantee or successor in interest thereof, owning or hereafter acquiring from the state any timber, stone, mineral, or other natural products, or any state lands containing valuable timber, stone, mineral, or other natural products of the land, of having such timber, stone, mineral, or other natural products, and the manufactured products thereof and all necessary machinery, supplies, or materials to be used in transporting, cutting, manufacturing, mining, or quarrying any or all of such products transported or moved over such railroad, skid road, flume, canal, watercourse, or other easement, after the same is or has been put in operation, upon paying therefor just and reasonable rates for transportation or for the use of such railroad, skid road, flume, canal, watercourse, or other easement, and upon complying with just, reasonable, and proper rules affecting such transportation, which rates, rules, and regulations shall be under the supervision and control of the ((utilities and transportation commission)) department of natural resources of the state of Washington.

Sec. 147   RCW 79.36.630 and 2003 c 334 s 496 are each amended to read as follows:
     Should the owner or operator of any logging and/or lumbering railroad, private railroad, skid road, flume, canal, watercourse, or other easement operating over lands hereafter acquired from the state, as in RCW 79.36.590 through 79.36.650 set out, fail to agree with the state or with any subsequent grantee or successor in interest thereof as to the reasonable and proper rules and charges concerning the transportation of timber, stone, mineral, or other natural products of the land, or the manufactured products thereof and all necessary machinery, supplies, or materials to be used in transporting, cutting, manufacturing, mining, or quarrying any or all of such products for carrying and transporting such products or for the use of the railroad, skid road, flume, canal, watercourse, or other easement in transporting such products, the state or such person, firm, or corporation owning and desiring to ship such products may apply to the ((utilities and transportation commission)) department of natural resources and have the reasonableness of the rules and charges inquired into and it shall be the duty of the ((utilities and transportation commission)) department of natural resources to inquire into the same in the same manner, and it is hereby given the same power and authority to investigate the same as it is now authorized to investigate and inquire into the rules and charges made by railroads and is authorized and empowered to make such order as it would make in an inquiry against a railroad, and in case such logging and/or lumbering railroad, private railroad, skid road, flume, canal, watercourse, or other easement is not then in use, may adopt such reasonable, proper, and just rules concerning the use thereof for the purposes aforesaid as may be just and proper and such order shall have the same force and effect and shall be binding upon the parties to such hearing as though such hearing and order was made affecting a railroad.

Sec. 148   RCW 79.36.640 and 2003 c 334 s 497 are each amended to read as follows:
     In case any person, firm, or corporation owning and/or operating any logging and/or lumbering railroad, private railroad, skid road, flume, canal, watercourse, or other easement subject to the provisions of RCW 79.36.590 through 79.36.650 shall fail to comply with any rule or order made by the ((utilities and transportation commission)) department of natural resources, after an inquiry as provided for in RCW 79.36.630, each person, firm, or corporation shall be subject to a penalty not exceeding one thousand dollars, and in addition thereto, the right of way over state lands theretofore granted to such person, firm, or corporation, and all improvements and structures on such right of way and connected therewith, shall revert to the state of Washington, and may be recovered by it in an action instituted in any court of competent jurisdiction, unless such state lands have been sold.

Sec. 149   RCW 79.110.040 and 2005 c 155 s 204 are each amended to read as follows:
     Should the owner or operator of any private railroad, skid road, flume, canal, watercourse, or other right of way or easement provided for in RCW 79.110.020 and 79.110.030 fail to agree with the state or any grantee or lessee, as to the reasonable and proper rules and charges, concerning the transportation and movement of valuable materials from those lands contiguous to or in proximity to the lands over which the private right of way or easement is operated, the state or any grantee or lessee, owning and desiring to have the valuable materials transported or moved, may apply to the ((Washington state utilities and transportation commission)) department of natural resources for an inquiry into the reasonableness of the rules, investigate the rules, and make binding reasonable, proper, and just rates and regulations in accordance with the provisions of RCW 79.36.400.

Sec. 150   RCW 79.110.050 and 2005 c 155 s 205 are each amended to read as follows:
     Any person owning or operating any right of way or easement subject to the provisions of RCW 79.110.020 through 79.110.040, over and across any state-owned tidelands or shorelands or across any beds of navigable waters, and violating or failing to comply with any rule or order made by the ((utilities and transportation commission)) department of natural resources, after inquiry, investigation, and a hearing as provided in RCW 79.110.040, shall be subject to the same penalties provided in RCW 79.36.410.

NEW SECTION.  Sec. 151   A person may not engage in the business of transporting household goods as determined by the utilities commission in intrastate commerce, advertise within the state as a transporter of household goods, or provide brokering or forwarding services for the transportation of household goods in intrastate commerce, except in accordance with this chapter, and after registering with the utilities commission and obtaining any permits the utilities commission may require. The utilities commission shall require proof of liability and property damage insurance in amounts as prescribed by the department of licensing before issuing a household goods carrier permit. The utilities commission shall accept notification received from the department of licensing under RCW 46.30.020(5)(d) as proof of insurance for permitting purposes. The utilities commission shall revoke a household goods carrier's permits upon notification from the department of licensing of the cancellation of, revocation of, or change in the required insurance or security.

NEW SECTION.  Sec. 152   Any advertisement by a household goods carrier must be truthful and must include: (1) The name or trade name of the household goods carrier or the name or trade name of the motor carrier under whose operating authority the advertised service will originate; and (2) other information that the utilities commission may require.

NEW SECTION.  Sec. 153   (1) To the extent allowed under federal law, the utilities commission shall: Supervise and regulate every household goods carrier in this state; make, fix, alter, and amend, just, fair, reasonable, minimum, maximum, or minimum and maximum, rates, charges, classifications, and rules for all household goods carriers; regulate the accounts, services, and safety of operations of household goods carriers; require the filing of reports and other data by household goods carriers; and supervise and regulate all household goods carriers in all other matters affecting their relationship with competing carriers of every kind and the shipping or general public. The utilities commission may approve rates filed by household goods carriers.
     (2) The utilities commission shall make, fix, construct, compile, promulgate, publish, and distribute tariffs containing compilations of rates, charges, classifications, and rules to be used by all household goods carriers. In compiling these tariffs, the utilities commission shall include within any given tariff compilation the carriers, groups of carriers, commodities, or geographical areas it determines are in the public interest. The compilations and publications may be made by the utilities commission by compiling the rates, charges, classifications, and rules now in effect, and as amended after notice and hearing, by issuing and distributing revised pages or supplements to the tariffs or reissues of tariffs in accordance with the orders of the utilities commission. The utilities commission, upon good cause shown, may establish temporary rates, charges, or classification changes which may be made permanent only after publication in an applicable tariff for at least sixty days and a determination by the utilities commission that the rates, charges, or classifications are just, fair, and reasonable. If a shipper or household goods carrier, or representative of either, files a protest with the utilities commission within sixty days from the date of publication, stating that the temporary rates are unjust, unfair, or unreasonable, the utilities commission must hold a hearing to consider the protest. Publication of these temporary rates in the tariff is adequate public notice. The utilities commission may, upon notice and hearing, fix and determine just, fair, and reasonable rates, charges, and classifications. Each household goods carrier shall purchase from the utilities commission and post tariffs applicable to its authority. The utilities commission shall set fees for the sale, supplements, and corrections of tariffs at rates to cover all costs of the utilities commission's regulatory obligations under this subsection. The proper tariff, or tariffs, applicable to a household goods carrier's operations must be available to the public at each agency and office of all household goods carrier's in the state. The compilations and publications must be sold by the utilities commission for the established fee. However, copies may be furnished for free to other regulatory bodies and departments of government, and to universities, colleges, schools, and libraries. All copies of the compilations, whether sold or provided for free, must be issued and distributed under rules fixed by the utilities commission. The utilities commission may by order authorize household goods carriers to publish and file tariffs with the utilities commission and be governed by the tariffs with respect to certain designated commodities and services when, in the opinion of the utilities commission, it is impractical for the utilities commission to make, fix, construct, compile, publish, and distribute tariffs covering these commodities and services.

NEW SECTION.  Sec. 154   The utilities commission shall adopt and enforce rules to implement this chapter, ensure honest business practices among household goods carriers, and provide adequate consumer protections for Washington state residents with respect to household goods carriers. If, upon investigation, the utilities commission determines that an individual or entity has violated this chapter or a rule adopted under this section, the utilities commission shall issue a cease and desist order and assess a penalty not to exceed one thousand dollars for each violation.

NEW SECTION.  Sec. 155   A person or entity may not engage in the business of providing airport shuttle service except in accordance with this chapter, and after registering with the utilities commission and obtaining any permits that the utilities commission may require. The utilities commission shall require proof of liability and property damage insurance in amounts as prescribed by the department of licensing before issuing an airport shuttle service permit. The utilities commission shall accept notification received from the department of licensing under RCW 46.30.020(5)(e) as proof of insurance for permitting purposes. The utilities commission shall revoke an airport shuttle service's permits upon notification from the department of licensing of the cancellation of, revocation of, or change in the required insurance or security.

NEW SECTION.  Sec. 156   Any advertisement by an airport shuttle service provider must be truthful and must include: (1) The name or trade name of the airport shuttle service provider or the name or trade name of the company under whose operating authority the advertised service will originate; and (2) other information that the utilities commission may require. The utilities commission may require proof of liability and property damage insurance in amounts as prescribed by the department of licensing before issuing a household goods carrier permit.

NEW SECTION.  Sec. 157   The utilities commission shall adopt and enforce rules to implement this chapter, ensure honest business practices among airport shuttle service providers, and provide adequate consumer protections for Washington state residents with respect to airport shuttle service providers. If, upon investigation, the utilities commission determines that an individual or entity has violated this chapter or a rule adopted under this section, the utilities commission may issue a cease and desist order and assess a penalty not to exceed five hundred dollars for each violation.

Sec. 158   RCW 80.01.010 and 2006 c 346 s 1 are each amended to read as follows:
     There is hereby created and established a state commission to be known and designated as the ((Washington)) utilities ((and transportation)) commission, and in this chapter referred to as the commission.
     The commission shall be composed of three members appointed by the governor, with the consent of the senate. Not more than two members of said commission shall belong to the same political party.
     Each commissioner shall be appointed and hold office for the term of six years. The governor shall designate one of the commissioners to be chair of the commission during the term of the governor.
     Each commissioner shall receive a salary as may be fixed by the governor in accordance with the provisions of RCW 43.03.040.
     Any member of the commission may be removed for inefficiency, malfeasance, or misfeasance in office, upon specific written charges filed by the governor, who shall transmit such written charges to the member accused and to the chief justice of the supreme court. The chief justice shall thereupon designate a special tribunal composed of three judges of the superior court to hear and adjudicate the charges. Such tribunal shall fix the time, place, and procedure for the hearing, and the hearing shall be public. The decision of such tribunal shall be final and not subject to review.
     If the tribunal specified herein finds the charges of the governor to be true, the governor shall have the right to immediately remove the commissioner from office, to declare the position of the commissioner vacant, and appoint another commissioner to the position in accordance with the provisions of the law.
     Any vacancy arising in the office of commissioner shall be filled by appointment by the governor, and, except for persons appointed as pro tempore commissioners, an appointee selected to fill a vacancy shall hold office for the balance of the full term for which his or her predecessor on the commission was appointed.
     If a vacancy occurs while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate, when he or she shall present to the senate his or her nomination or nominations for the office to be filled.

Sec. 159   RCW 80.01.040 and 1985 c 450 s 10 are each amended to read as follows:
     The ((utilities and transportation)) commission shall:
     (1) Exercise all the powers and perform all the duties prescribed therefor by this title ((and by Title 81 RCW,)) or by any other law((.));
     (2) ((Regulate in the public interest, as provided by the public service laws, the rates, services, facilities, and practices of all persons engaging in the transportation by whatever means of persons or property within this state for compensation, and related activities; including, but not limited to, air transportation companies, auto transportation companies, express companies, freight and freight line companies, motor freight companies, motor transportation agents, private car companies, railway companies, sleeping car companies, steamboat companies, street railway companies, toll bridge companies, storage warehousemen, and wharfingers and warehousemen.
     (3))) Regulate in the public interest, as provided by the public service laws, the rates, services, facilities, and practices of: All persons engaging within this state in the business of supplying any utility service or commodity to the public for compensation, and related activities; ((including, but not limited to,)) electrical companies((,)); gas companies((,)); irrigation companies((,)); telecommunications companies((, and)); water companies((.)); solid waste collection companies; household goods carriers; pipeline companies; gas pipeline companies; and low-level radioactive waste sites;
     (((4))) (3) Make ((such)) rules ((and regulations as may be)) necessary to carry out its other powers and duties.

Sec. 160   RCW 80.01.080 and 2006 c 3 s 2 are each amended to read as follows:
     There is created in the state treasury a public service revolving fund. Regulatory fees payable by ((all types of)) public service companies regulated by the commission shall be deposited to the credit of the public service revolving fund. Except for expenses payable out of the pipeline safety account, all expense of operation of the ((Washington utilities and transportation)) commission shall be payable out of the public service revolving fund.
     During the 2003-2005 fiscal biennium, the legislature may transfer from the public service revolving fund to the state general fund such amounts as reflect the excess fund balance of the fund.
     Due to the extraordinarily high winter energy costs, during the 2005-2007 fiscal biennium, no more than seven million six hundred thousand dollars, as appropriated in section 1, chapter 3, Laws of 2006, shall be payable out of the public service revolving fund to provide energy assistance to customers in accordance with the low-income energy assistance program.

Sec. 161   RCW 80.01.300 and 1971 ex.s. c 293 s 7 are each amended to read as follows:
     Nothing contained in the provisions of RCW 36.58A.010 through 36.58A.040 and 70.95.090 and this section shall detract from the powers, duties, and functions given to the ((utilities and transportation)) commission in chapter 81.77 RCW (as recodified by this act).

Sec. 162   RCW 80.04.010 and 1995 c 243 s 2 are each amended to read as follows:
     As used in this title, unless specifically defined otherwise or unless the context indicates otherwise:
     (1) "Automatic location identification" means a system by which information about a caller's location, including the seven-digit number or ten-digit number used to place a 911 call or a different seven-digit number or ten-digit number to which a return call can be made from the public switched network, is forwarded to a public safety answering point for display.
     (2) "Automatic number identification" means a system that allows for the automatic display of the seven-digit or ten-digit number used to place a 911 call.
     (3) "Commission" means the utilities ((and transportation)) commission.
     (4) "Commissioner" means one of the members of ((such)) the commission.
     (5) "Competitive telecommunications company" means a telecommunications company which has been classified as such by the commission pursuant to RCW 80.36.320.
     (6) "Competitive telecommunications service" means a service which has been classified as such by the commission pursuant to RCW 80.36.330.
     (7) "Corporation" includes a corporation, company, association, or joint stock association.
     (8) "Person" includes an individual, a firm, or partnership.
     (9) "Gas plant" includes all real estate, fixtures, and personal property((,)) owned, leased, controlled, used, or to be used for or in connection with the transmission, distribution, sale, or furnishing of natural gas, or the manufacture, transmission, distribution, sale, or furnishing of other type gas, for light, heat, or power.
     (10) "Gas company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receiver appointed by any court whatsoever, and every city or town, owning, controlling, operating, or managing any gas plant within this state.
     (11) "Electric plant" includes all real estate, fixtures, and personal property operated, owned, used, or to be used for or in connection with or to facilitate the generation, transmission, distribution, sale, or furnishing of electricity for light, heat, or power for hire; and any conduits, ducts or other devices, materials, apparatus, or property for containing, holding, or carrying conductors used or to be used for the transmission of electricity for light, heat, or power.
     (12) "Electrical company" includes any corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever (other than a railroad or street railroad company generating electricity solely for railroad or street railroad purposes or for the use of its tenants and not for sale to others), and every city or town owning, operating, or managing any electric plant for hire within this state. "Electrical company" does not include a company or person employing a cogeneration facility solely for the generation of electricity for its own use or the use of its tenants or for sale to an electrical company, state or local public agency, municipal corporation, or quasi municipal corporation engaged in the sale or distribution of electrical energy, but not for sale to others, unless such company or person is otherwise an electrical company.
     (13) "LATA" means a local access transport area as defined by the commission in conformance with applicable federal law.
     (14) "Low-level radioactive waste site operating company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court, owning, operating, controlling, or managing a low-level radioactive waste disposal site or sites located within the state of Washington.
     (15) "Low-level radioactive waste" means low-level waste as defined in RCW 43.145.010.
     (16) "Private telecommunications system" means a telecommunications system controlled by a person or entity for the sole and exclusive use of such person, entity, or affiliate thereof, including the provision of private shared telecommunications services by such person or entity. "Private telecommunications system" does not include a system offered for hire, sale, or resale to the general public.
     (17) "Private shared telecommunications services" includes the provision of telecommunications and information management services and equipment within a user group located in discrete private premises in building complexes, campuses, or high-rise buildings, by a commercial shared services provider or by a user association, through privately owned customer premises equipment and associated data processing and information management services and includes the provision of connections to the facilities of a local exchange and to interexchange telecommunications companies.
     (18) "Private switch automatic location identification service" means a service that enables automatic location identification to be provided to a public safety answering point for 911 calls originating from station lines served by a private switch system.
     (19) "Radio communications service company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court, and every city or town making available facilities to provide radio communications service, radio paging, or cellular communications service for hire, sale, or resale.
     (20) "Telecommunications company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, and every city or town owning, operating, or managing any facilities used to provide telecommunications for hire, sale, or resale to the general public within this state.
     (21) "Noncompetitive telecommunications service" means any service which has not been classified as competitive by the commission.
     (22) "Facilities" means lines, conduits, ducts, poles, wires, cables, cross-arms, receivers, transmitters, instruments, machines, appliances, instrumentalities and all devices, real estate, easements, apparatus, property, and routes used, operated, owned, or controlled by any telecommunications company to facilitate the provision of telecommunications service.
     (23) "Telecommunications" is the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. As used in this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols.
     (24) "Water system" includes all real estate, easements, fixtures, personal property, dams, dikes, head gates, weirs, canals, reservoirs, flumes, or other structures or appliances operated, owned, used, or to be used for or in connection with or to facilitate the supply, storage, distribution, sale, furnishing, diversion, carriage, apportionment, or measurement of water for power, irrigation, reclamation, manufacturing, municipal, domestic, or other beneficial uses for hire.
     (25) "Water company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, and every city or town owning, controlling, operating, or managing any water system for hire within this state: PROVIDED, That for purposes of commission jurisdiction it shall not include any water system serving less than one hundred customers where the average annual gross revenue per customer does not exceed three hundred dollars per year, which revenue figure may be increased annually by the commission by rule adopted pursuant to chapter 34.05 RCW to reflect the rate of inflation as determined by the implicit price deflator of the United States department of commerce: AND PROVIDED FURTHER, That such measurement of customers or revenues shall include all portions of water companies having common ownership or control, regardless of location or corporate designation. "Control" as used herein shall be defined by the commission by rule and shall not include management by a satellite agency as defined in chapter 70.116 RCW if the satellite agency is not an owner of the water company. "Water company" also includes, for auditing purposes only, nonmunicipal water systems which are referred to the commission pursuant to an administrative order from the department, or the city or county as provided in RCW 80.04.110. However, water companies exempt from commission regulation shall be subject to the provisions of chapter 19.86 RCW. A water company cannot be removed from regulation except with the approval of the commission. Water companies subject to regulation may petition the commission for removal from regulation if the number of customers falls below one hundred or the average annual revenue per customer falls below three hundred dollars. The commission is authorized to maintain continued regulation if it finds that the public interest so requires.
     (26) "Cogeneration facility" means any machinery, equipment, structure, process, or property, or any part thereof, installed or acquired for the primary purpose of the sequential generation of electrical or mechanical power and useful heat from the same primary energy source or fuel.
     (27) "Public service company" includes every gas company, electrical company, telecommunications company, and water company. Ownership or operation of a cogeneration facility does not, by itself, make a company or person a public service company.
     (28) "Local exchange company" means a telecommunications company providing local exchange telecommunications service.
     (29) "Department" means the department of health.
     (30) The term "service" is used in this title in its broadest and most inclusive sense.

Sec. 163   RCW 80.08.010 and 1961 c 14 s 80.08.010 are each amended to read as follows:
     ((The term)) "Public service company,"((,)) as used in this chapter, ((shall)) means every company ((now or hereafter)) engaged in business in this state as a public utility and subject to regulation as to rates and service by the utilities ((and transportation)) commission under ((the provisions of)) this title.

Sec. 164   RCW 80.12.010 and 1961 c 14 s 80.12.010 are each amended to read as follows:
     ((The term)) "Public service company," as used in this chapter, ((shall)) means every company ((now or hereafter)) engaged in business in this state as a public utility and subject to regulation as to rates and service by the utilities ((and transportation)) commission under ((the provisions of)) this title.

Sec. 165   RCW 80.16.010 and 1961 c 14 s 80.16.010 are each amended to read as follows:
     As used in this chapter ((the term)):
     (1) "Public service company" ((shall)) includes every corporation engaged in business as a public utility and subject to regulation as to rates and service by the utilities ((and transportation)) commission under ((the provisions of)) this title.
     ((As used in this chapter, the term)) (2) "Affiliated interest" means:
     (a) Every corporation and person owning or holding directly or indirectly five percent or more of the voting securities of any public service company engaged in any intrastate business in this state;
     (b) Every corporation and person, other than those above specified, in any chain of successive ownership of five percent or more of voting securities, the chain beginning with the holder of the voting securities of such public service company;
     (c) Every corporation five percent or more of whose voting securities are owned by any person or corporation owning five percent or more of the voting securities of such public service company or by any person or corporation in any such chain of successive ownership of five percent or more of voting securities;
     (d) Every corporation or person with which the public service company has a management or service contract; and
     (e) Every person who is an officer or director of such public service company or of any corporation in any chain of successive ownership of five percent or more of voting securities.

Sec. 166   RCW 80.24.060 and 2001 c 238 s 2 are each amended to read as follows:
     (1)(a) Every gas company and every interstate gas pipeline company subject to inspection or enforcement by the commission shall pay an annual pipeline safety fee to the commission. The pipeline safety fees received by the commission shall be deposited in the pipeline safety account created in RCW 81.88.050 (as recodified by this act).
     (b) The aggregate amount of fees set shall be sufficient to recover the reasonable costs of administering the pipeline safety program, taking into account federal funds used to offset the costs. The fees established under this section shall be designed to generate revenue not exceeding appropriated levels of funding for the current fiscal year. At a minimum, the fees established under this section shall be sufficient to adequately fund pipeline inspection personnel, the timely review of pipeline safety and integrity plans, the timely development of spill response plans, the timely development of accurate maps of pipeline locations, participation in federal pipeline safety efforts to the extent allowed by law, and the staffing of the citizens committee on pipeline safety.
     (c) Increases in the aggregate amount of fees over the immediately preceding fiscal year are subject to the requirements of RCW 43.135.055.
     (2) The commission shall by rule establish the methodology it will use to set the appropriate fee for each entity subject to this section. The methodology shall provide for an equitable distribution of program costs among all entities subject to the fee. The fee methodology shall provide for:
     (a) Direct assignment of average costs associated with annual standard inspections, including the average number of inspection days per year. In establishing these directly assignable costs, the commission shall consider the requirements and guidelines of the federal government, state safety standards, and good engineering ((practice[s])) practices; and
     (b) A uniform and equitable means of estimating and allocating costs of other duties relating to inspecting pipelines for safety that are not directly assignable, including but not limited to design review and construction inspections, specialized inspections, incident investigations, geographic mapping system design and maintenance, and administrative support.
     (3) The commission shall require reports from those entities subject to this section in the form and at such time as necessary to set the fees. After considering the reports supplied by the entities, the commission shall set the amount of the fee payable by each entity by general order entered before July 1st of each year.
     (4) For companies subject to RCW 80.24.010, the commission shall collect the pipeline safety fee as part of the fee specified in RCW 80.24.010. The commission shall allocate the moneys collected under RCW 80.24.010 between the pipeline safety program and for other regulatory purposes. The commission shall adopt rules that assure that fee moneys related to the pipeline safety program are maintained separately from other moneys collected by the commission under this chapter.
     (5) Any payment of the fee imposed by this section made after its due date must include a late fee of two percent of the amount due. Delinquent fees accrue interest at the rate of one percent per month.
     (6) The commission shall keep accurate records of the costs incurred in administering its gas pipeline safety program, and the records are open to inspection by interested parties. The records and data upon which the commission's determination is made shall be prima facie correct in any proceeding to challenge the reasonableness or correctness of any order of the commission fixing fees and distributing regulatory expenses.
     (7) If any entity seeks to contest the imposition of a fee imposed under this section, that entity shall pay the fee and request a refund within six months of the due date for the payment by filing a petition for a refund with the commission. The commission shall establish by rule procedures for handling refund petitions and may delegate the decisions on refund petitions to the secretary of the commission.
     (8) After establishing the fee methodology by rule as required in subsection (2) of this section, the commission shall create a regulatory incentive program for pipeline safety programs in collaboration with the citizens committee on pipeline safety. The regulatory incentive program created by the commission shall not shift costs among companies paying pipeline safety fees and shall not decrease revenue to pipeline safety programs. The regulatory incentive program shall not be implemented until after the review conducted according to RCW 81.88.150 (as recodified by this act).

Sec. 167   RCW 80.28.075 and 1988 c 166 s 2 are each amended to read as follows:
     Upon request by a natural gas company or an electrical company, the commission may approve a tariff that includes banded rates for any nonresidential natural gas or electric service that is subject to effective competition from energy suppliers not regulated by the utilities ((and transportation)) commission. "Banded rate" means a rate that has a minimum and maximum rate. Rates may be changed within the rate band upon such notice as the commission may order.

Sec. 168   RCW 80.28.190 and 2003 c 53 s 383 are each amended to read as follows:
     (1) No gas company shall, after January 1, 1956, operate in this state any gas plant for hire without first having obtained from the utilities commission under the provisions of this chapter a certificate declaring that public convenience and necessity requires or will require such operation and setting forth the area or areas within which service is to be rendered; but a certificate shall be granted where it appears to the satisfaction of the commission that such gas company was actually operating in good faith, within the confines of the area for which such certificate shall be sought, on June 8, 1955. Any right, privilege, certificate held, owned or obtained by a gas company may be sold, assigned, leased, transferred or inherited as other property, only upon authorization by the commission. The commission shall have power, after hearing, when the applicant requests a certificate to render service in an area already served by a certificate holder under this chapter only when the existing gas company or companies serving such area will not provide the same to the satisfaction of the commission and in all other cases, with or without hearing, to issue the certificate as prayed for; or for good cause shown to refuse to issue same, or to issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted by the certificate such terms and conditions as, in its judgment, the public convenience and necessity may require.
     (2) The utilities commission may, at any time, by its order duly entered after a hearing had upon notice to the holder of any certificate hereunder, and an opportunity to such holder to be heard, at which it shall be proven that such holder willfully violates or refuses to observe any of its proper orders, rules, or regulations, suspend, revoke, alter or amend any certificate issued under the provisions of this section, but the holder of such certificate shall have all the rights of rehearing, review, and appeal as to such order of the commission as is provided herein.
     (3) In all respects in which the utilities commission has power and authority under this chapter, applications and complaints may be made and filed with it, process issued, hearings held, opinions, orders, and decisions made and filed, petitions for rehearing filed and acted upon, and petitions for writs of review to the superior court filed therewith, appeals or mandate filed with the supreme court or the court of appeals of this state considered and disposed of by such courts in the manner, under the conditions, and subject to the limitations and with the effect specified in the ((Washington)) utilities ((and transportation)) commission laws of this state.
     (4) Every officer, agent, or employee of any corporation, and every other person who violates or fails to comply with, or who procures, aids or abets in the violation of any of the provisions of this section or who fails to obey, observe, or comply with any order, decision, rule or regulation, directive, demand or requirements, or any provision of this section, is guilty of a gross misdemeanor.
     (5) Neither this section, RCW 80.28.200, 80.28.210, nor any provisions thereof shall apply or be construed to apply to commerce with foreign nations or commerce among the several states of this union except insofar as the same may be permitted under the provisions of the Constitution of the United States and acts of congress.
     (6) The utilities commission shall collect the following miscellaneous fees from gas companies: Application for a certificate of public convenience and necessity or to amend a certificate, twenty-five dollars; application to sell, lease, mortgage, or transfer a certificate of public convenience and necessity or any interest therein, ten dollars.

Sec. 169   RCW 80.28.210 and 2003 c 53 s 384 are each amended to read as follows:
     (1) Every person or corporation transporting natural gas by pipeline, or having for one or more of its principal purposes the construction, maintenance, or operation of pipelines for transporting natural gas, in this state, even though such person or corporation not be a public service company under chapter 80.28 RCW, and even though such person or corporation does not deliver, sell, or furnish any such gas to any person or corporation within this state, shall be subject to regulation by the utilities ((and transportation)) commission insofar as the construction and operation of such facilities shall affect matters of public safety, and every such company shall construct and maintain such facilities as will be safe and efficient. The commission shall have the authority to prescribe rules and regulations to effectuate the purpose of this enactment.
     (2) Every such person and every such officer, agent, and employee of a corporation who, as an individual or as an officer or agent of such corporation, violates or fails to comply with, or who procures, aids, or abets another, or his or her company, in the violation of, or noncompliance with, any provision of this section or any order, rule, or requirement of the commission hereunder, is guilty of a gross misdemeanor.

Sec. 170   RCW 80.28.220 and 1961 c 14 s 80.28.220 are each amended to read as follows:
     Every corporation having for one of its principal purposes the transmission, distribution, sale, or furnishing of natural gas or other type gas for light, heat, or power and holding and owning a certificate of public convenience and necessity from the utilities ((and transportation)) commission authorizing the operation of a gas plant, may appropriate, by condemnation, lands and property and interests therein, for the transmission, distribution, sale, or furnishing of such natural gas or other type gas through gas mains or pipelines under the provisions of chapter 8.20 RCW.

Sec. 171   RCW 80.28.240 and 1989 c 11 s 30 are each amended to read as follows:
     (1) A utility may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets, or attempts to:
     (a) Divert, or cause to be diverted, utility services by any means whatsoever;
     (b) Make, or cause to be made, any connection or reconnection with property owned or used by the utility to provide utility service without the authorization or consent of the utility;
     (c) Prevent any utility meter or other device used in determining the charge for utility services from accurately performing its measuring function by tampering or by any other means;
     (d) Tamper with any property owned or used by the utility to provide utility services; or
     (e) Use or receive the direct benefit of all or a portion of the utility service with knowledge of, or reason to believe that, the diversion, tampering, or unauthorized connection existed at the time of the use or that the use or receipt was without the authorization or consent of the utility.
     (2) In any civil action brought under this section, the utility may recover from the defendant as damages three times the amount of actual damages, if any, plus the cost of the suit and reasonable attorney's fees, plus the costs incurred on account of the bypassing, tampering, or unauthorized reconnection, including but not limited to costs and expenses for investigation, disconnection, reconnection, service calls, and expert witnesses.
     (3) Any damages recovered under this section in excess of the actual damages sustained by the utility may be taken into account by the utilities ((and transportation)) commission or other applicable rate-making agency in establishing utility rates.
     (4) As used in this section:
     (a) "Customer" means the person in whose name a utility service is provided;
     (b) "Divert" means to change the intended course or path of electricity, gas, or water without the authorization or consent of the utility;
     (c) "Person" means any individual, partnership, firm, association, or corporation or government agency;
     (d) "Reconnection" means the commencement of utility service to a customer or other person after service has been lawfully disconnected by the utility;
     (e) "Tamper" means to rearrange, injure, alter, interfere with, or otherwise prevent from performing the normal or customary function;
     (f) "Utility" means any electrical company, gas company, or water company as those terms are defined in RCW 80.04.010, and includes any electrical, gas, or water system operated by any public agency; and
     (g) "Utility service" means the provision of electricity, gas, water, or any other service or commodity furnished by the utility for compensation.

Sec. 172   RCW 80.28.250 and 1986 c 119 s 1 are each amended to read as follows:
     A city, town, or county may, by ordinance or resolution, require a water company to maintain fire hydrants in the area served by the water company. The utilities ((and transportation)) commission ((has no authority to)) may not waive this obligation.

Sec. 173   RCW 80.36.390 and 1987 c 229 s 13 are each amended to read as follows:
     (1) As used in this section, "telephone solicitation" means the unsolicited initiation of a telephone call by a commercial or nonprofit company or organization to a residential telephone customer and conversation for the purpose of encouraging a person to purchase property, goods, or services or soliciting donations of money, property, goods, or services. "Telephone solicitation" does not include:
     (a) Calls made in response to a request or inquiry by the called party. This includes calls regarding an item that has been purchased by the called party from the company or organization during a period not longer than twelve months prior to the telephone contact;
     (b) Calls made by a not-for-profit organization to its own list of bona fide or active members of the organization;
     (c) Calls limited to polling or soliciting the expression of ideas, opinions, or votes; or
     (d) Business-to-business contacts.
     For purposes of this section, each individual real estate agent or insurance agent who maintains a separate list from other individual real estate or insurance agents shall be treated as a company or organization. For purposes of this section, ((an)) political party organization as defined in RCW ((29.01.090 or 29.01.100)) 29A.04.086 or 29A.04.097 and organized pursuant to RCW ((29.42.010)) 29A.80.011 shall not be considered a commercial or nonprofit company or organization.
     (2) A person making a telephone solicitation must identify him or herself and the company or organization on whose behalf the solicitation is being made and the purpose of the call within the first thirty seconds of the telephone call.
     (3) If, at any time during the telephone contact, the called party states or indicates that he or she does not wish to be called again by the company or organization or wants to have his or her name and individual telephone number removed from the telephone lists used by the company or organization making the telephone solicitation, then:
     (a) The company or organization shall not make any additional telephone solicitation of the called party at that telephone number within a period of at least one year; and
     (b) The company or organization shall not sell or give the called party's name and telephone number to another company or organization: PROVIDED, That the company or organization may return the list, including the called party's name and telephone number, to the company or organization from which it received the list.
     (4) A violation of subsection (2) or (3) of this section is punishable by a fine of up to one thousand dollars for each violation.
     (5) The attorney general may bring actions to enforce compliance with this section. For the first violation by any company or organization of this section, the attorney general shall notify the company with a letter of warning that the section has been violated.
     (6) A person aggrieved by repeated violations of this section may bring a civil action in superior court to enjoin future violations, to recover damages, or both. The court shall award damages of at least one hundred dollars for each individual violation of this section. If the aggrieved person prevails in a civil action under this subsection, the court shall award the aggrieved person reasonable attorneys' fees and cost of the suit.
     (7) The utilities ((and transportation)) commission shall by rule ensure that telecommunications companies inform their residential customers of the provisions of this section. The notification may be made by (a) annual inserts in the billing statements mailed to residential customers, or (b) conspicuous publication of the notice in the consumer information pages of local telephone directories.

Sec. 174   RCW 80.36.400 and 1986 c 281 s 2 are each amended to read as follows:
     (1) As used in this section:
     (a) An automatic dialing and announcing device is a device which automatically dials telephone numbers and plays a recorded message once a connection is made.
     (b) Commercial solicitation means the unsolicited initiation of a telephone conversation for the purpose of encouraging a person to purchase property, goods, or services.
     (2) No person may use an automatic dialing and announcing device for purposes of commercial solicitation. This section applies to all commercial solicitation intended to be received by telephone customers within the state.
     (3) A violation of this section is a violation of chapter 19.86 RCW. It shall be presumed that damages to the recipient of commercial solicitations made using an automatic dialing and announcing device are five hundred dollars.
     (4) Nothing in this section shall be construed to prevent the ((Washington)) utilities ((and transportation)) commission from adopting additional rules regulating automatic dialing and announcing devices.

Sec. 175   RCW 80.36.430 and 2004 c 254 s 2 are each amended to read as follows:
     (1) The Washington telephone assistance program shall be funded by a telephone assistance excise tax on all switched access lines and by funds from any federal government or other programs for this purpose. Switched access lines are defined in RCW 82.14B.020. The telephone assistance excise tax shall be applied equally to all residential and business access lines not to exceed fourteen cents per month. The department shall submit an approved annual budget for the Washington telephone assistance program to the department of revenue no later than March 1st prior to the beginning of each fiscal year. The department of revenue shall then determine the amount of telephone assistance excise tax to be placed on each switched access line and shall inform local exchange companies and the utilities ((and transportation)) commission of this amount no later than May 1st. The department of revenue shall determine the amount of telephone assistance excise tax by dividing the total of the program budget funded by the telephone assistance excise tax, as submitted by the department, by the total number of switched access lines in the prior calendar year. The telephone assistance excise tax shall be separately identified on each ratepayer's bill as the "Washington telephone assistance program." All money collected from the telephone assistance excise tax shall be transferred to a telephone assistance fund administered by the department.
     (2) Local exchange companies shall bill the fund for their expenses incurred in offering the telephone assistance program, including administrative and program expenses. The department shall disburse the money to the local exchange companies. The department is exempted from having to conclude a contract with local exchange companies in order to effect this reimbursement. The department shall recover its administrative costs from the fund. The department may specify by rule the range and extent of administrative and program expenses that will be reimbursed to local exchange companies.
     (3) The department shall enter into an agreement with the department of community, trade, and economic development for an amount not to exceed eight percent of the prior fiscal year's total revenue for the administrative and program expenses of providing community service voice mail services. The community service voice mail service may include toll-free lines in community action agencies through which recipients can access their community service voice mailboxes at no charge.

Sec. 176   RCW 80.36.500 and 1991 c 191 s 8 are each amended to read as follows:
     (1) As used in this section:
     (a) "Information delivery services" means telephone recorded messages, interactive programs, or other information services that are provided for a charge to a caller through an exclusive telephone number prefix or service access code.
     (b) "Information providers" means the persons or corporations that provide the information, prerecorded message, or interactive program for the information delivery service. The information provider generally receives a portion of the revenue from the calls.
     (c) "Interactive program" means a program that allows an information delivery service caller, once connected to the information provider's announcement machine, to use the caller's telephone device to access more specific information.
     (2) The utilities ((and transportation)) commission shall by rule require any local exchange company that offers information delivery services to a local telephone exchange to provide each residential telephone subscriber the opportunity to block access to all information delivery services offered through the local exchange company. The rule shall take effect by October 1, 1988.
     (3) All costs of complying with this section shall be borne by the information providers.
     (4) The local exchange company shall inform subscribers of the availability of the blocking service through a bill insert and by publication in a local telephone directory.

Sec. 177   RCW 80.36.520 and 1988 c 91 s 2 are each amended to read as follows:
     The utilities ((and transportation)) commission shall by rule require, at a minimum, that any telecommunications company, operating as or contracting with an alternate operator services company, assure appropriate disclosure to consumers of the provision and the rate, charge, or fee of services provided by an alternate operator services company.
     For the purposes of this chapter, "alternate operator services company" means a person providing a connection to intrastate or interstate long-distance services from places including, but not limited to, hotels, motels, hospitals, and customer-owned pay telephones.

Sec. 178   RCW 80.36.540 and 1990 c 221 s 1 are each amended to read as follows:
     (1) As used in this section, "telefacsimile message" means the transmittal of electronic signals over telephone lines for conversion into written text.
     (2) No person, corporation, partnership, or association shall initiate the unsolicited transmission of telefacsimile messages promoting goods or services for purchase by the recipient.
     (3)(a) Except as provided in (b) of this subsection, this section shall not apply to telefacsimile messages sent to a recipient with whom the initiator has had a prior contractual or business relationship.
     (b) A person shall not initiate an unsolicited telefacsimile message under the provisions of (a) of this subsection if the person knew or reasonably should have known that the recipient is a governmental entity.
     (4) Notwithstanding subsection (3) of this section, it is unlawful to initiate any telefacsimile message to a recipient who has previously sent a written or telefacsimile message to the initiator clearly indicating that the recipient does not want to receive telefacsimile messages from the initiator.
     (5) The unsolicited transmission of telefacsimile messages promoting goods or services for purchase by the recipient is a matter affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. The transmission of unsolicited telefacsimile messages is not reasonable in relation to the development and preservation of business. A violation of this section is an unfair or deceptive act in trade or commerce for the purpose of applying the consumer protection act, chapter 19.86 RCW. Damages to the recipient of telefacsimile messages in violation of this section are five hundred dollars or actual damages, whichever is greater.
     (6) Nothing in this section shall be construed to prevent the ((Washington)) utilities ((and transportation)) commission from adopting additional rules regulating transmissions of telefacsimile messages.

Sec. 179   RCW 80.36.555 and 1995 c 243 s 3 are each amended to read as follows:
     By January 1, 1997, or one year after enhanced 911 service becomes available or a private switch automatic location identification service approved by the ((Washington)) utilities ((and transportation)) commission is available from the serving local exchange telecommunications company, whichever is later, any private shared telecommunications services provider that provides service to residential customers shall assure that the telecommunications system is connected to the public switched network such that calls to 911 result in automatic location identification for each residential unit in a format that is compatible with the existing or planned county enhanced 911 system.

Sec. 180   RCW 80.36.560 and 1995 c 243 s 5 are each amended to read as follows:
     By January 1, 1997, or one year after enhanced 911 service becomes available or a private switch automatic location identification service approved by the ((Washington)) utilities ((and transportation)) commission is available from the serving local exchange telecommunications company, whichever is later, any commercial shared services provider of private shared telecommunications services for hire or resale to the general public to multiple unaffiliated business users from a single system shall assure that such a system is connected to the public switched network such that calls to 911 result in automatic location identification for each telephone in a format that is compatible with the existing or planned county enhanced 911 system. This section shall apply only to providers of service to businesses containing a physical area exceeding twenty-five thousand square feet, or businesses on more than one floor of a building, or businesses in multiple buildings.

Sec. 181   RCW 80.36.620 and 1998 c 337 s 3 are each amended to read as follows:
     Any rules regarding universal service adopted by the utilities ((and transportation)) commission shall comply with the purpose, as stated in RCW 80.36.600, for establishing a program for the preservation and advancement of universal telecommunications service. Services to be supported are only those basic services defined in RCW 80.36.600(((7))) (6).

Sec. 182   RCW 80.40.010 and 1963 c 201 s 2 are each amended to read as follows:
     As used in this chapter, unless specifically defined otherwise or unless the context indicates otherwise:
     (1) "Commission" ((shall)) means the ((Washington)) utilities ((and transportation)) commission;
     (("Committee" shall mean the oil and gas conservation committee established by RCW 78.52.020;))
     (2) "Department" means the department of natural resources;
     (3) "Natural gas" ((shall)) means gas either in the earth in its original state or after the same has been produced by removal therefrom of component parts not essential to its use for light and fuel;
     (4) "Natural gas company" ((shall)) means every corporation, company, association, joint stock association, partnership, or person authorized to do business in this state and engaged in the transportation, distribution, or underground storage of natural gas;
     (5) "Underground reservoir" ((shall)) means any subsurface sand, strata, formation, aquifer, cavern, or void, whether natural or artificially created, suitable for the injection and storage of natural gas therein and the withdrawal of natural gas therefrom;
     (6) "Underground storage" ((shall)) means the process of injecting and storing natural gas within and withdrawing natural gas from an underground reservoir: PROVIDED, The withdrawal of gas from an underground reservoir shall not be deemed a taking or producing within the terms of RCW 82.04.100.

Sec. 183   RCW 80.40.040 and 1988 c 127 s 35 are each amended to read as follows:
     Any natural gas company desiring to exercise the right of eminent domain to condemn any property or interest in property for the underground storage of natural gas shall first make application to the ((oil and gas conservation committee)) department for an order approving the proposed project. Notice of such application shall be given by the ((committee)) department to the utilities ((and transportation)) commission, to the director of ecology, to the commissioner of public lands, and to all other persons known to have an interest in the property to be condemned. Said notice shall be given in the manner provided by RCW 8.20.020 as amended. The ((committee)) department shall publish notice of said application at least once each week for three successive weeks in some newspaper of general circulation in the county or counties where the proposed underground storage project is located. If no written requests for hearing on the application are received by the committee within forty-five days from the date of service of notice of the application and publication thereof, the ((committee)) department may proceed without hearing and issue its order. If a hearing is requested, a public hearing on the application will be held within the county or one of the counties where the proposed underground storage project is located. Any order approving the proposed underground storage project shall contain findings that: (1) The underground storage of natural gas in the lands or property sought to be condemned is in the public interest and welfare; (2) the underground reservoir is reasonably practicable, and the applicant has complied with all applicable oil and gas conservation laws of the state of Washington; (3) the underground reservoir sought to be condemned is nonproductive of economically recoverable valuable minerals or materials, or of oil or gas in commercial quantities under either primary or secondary recovery methods, and nonproductive of fresh water in commercial quantities with feasible and reasonable pumping lift; (4) the natural gas company has acquired the right by grant, lease, or other agreement to store natural gas under at least sixty-five percent of the area of the surface of the land under which such proposed underground storage reservoir extends; (5) the natural gas company carries public liability insurance or has deposited collateral in amounts satisfactory to the committee or has furnished a financial statement showing assets in a satisfactory amount, to secure payment of any liability resulting from any occurrence arising out of or caused by the operation or use of any underground reservoir or facilities incidental thereto; (6) the underground storage project will not injure, pollute, or contaminate any usable fresh water resources; and (7) the underground storage project will not injure, interfere with, or endanger any mineral resources or the development or extraction thereof. The order of the ((committee)) department may be reviewed in the manner provided by chapter 34.05 RCW: PROVIDED, That if an appeal is not commenced within thirty days of the date of the order of the ((committee)) department, the same shall be final and conclusive.

Sec. 184   RCW 80.40.050 and 1963 c 201 s 6 are each amended to read as follows:
     All natural gas in an underground reservoir utilized for underground storage, whether acquired by eminent domain or otherwise, shall at all times be the property of the natural gas company utilizing said underground storage, its heirs, successors, or assigns; and in no event shall such gas be subject to any right of the owner of the surface of the land under which said underground reservoir lies or of the owner of any mineral interest therein or of any person other than the said natural gas company, its heirs, successors, and assigns to release, produce, take, reduce to possession, or otherwise interfere with or exercise any control thereof: PROVIDED, That the right of condemnation hereby granted shall be without prejudice to the rights of the owner of the condemned lands or of the rights and interest therein to drill or bore through the underground reservoir in such a manner as shall protect the underground reservoir against pollution and against the escape of natural gas in a manner which complies with the orders, rules, and regulations of the ((oil and gas conservation committee)) department issued for the purpose of protecting underground storage and shall be without prejudice to the rights of the owners of said lands or other rights or interests therein as to all other uses thereof. The additional cost of complying with regulations or orders to protect the underground storage shall be paid by the condemnor.

Sec. 185   RCW 80.50.030 and 2001 c 214 s 4 are each amended to read as follows:
     (1) There is created and established the energy facility site evaluation council.
     (2)(a) The chair of the council shall be appointed by the governor with the advice and consent of the senate, shall have a vote on matters before the council, shall serve for a term coextensive with the term of the governor, and is removable for cause. The chair may designate a member of the council to serve as acting chair in the event of the chair's absence. The salary of the chair shall be determined under RCW 43.03.040. The chair is a "state employee" for the purposes of chapter 42.52 RCW. As applicable, when attending meetings of the council, members may receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060, and are eligible for compensation under RCW 43.03.250.
     (b) The chair or a designee shall execute all official documents, contracts, and other materials on behalf of the council. The Washington state department of community, trade, and economic development shall provide all administrative and staff support for the council. The director of the department of community, trade, and economic development has supervisory authority over the staff of the council and shall employ such personnel as are necessary to implement this chapter. Not more than three such employees may be exempt from chapter 41.06 RCW.
     (3)(a) The council shall consist of the directors, administrators, or their designees, of the following departments, agencies, commissions, and committees or their statutory successors:
     (i) Department of ecology;
     (ii) Department of fish and wildlife;
     (iii) Department of community, trade, and economic development;
     (iv) Utilities ((and transportation)) commission; and
     (v) Department of natural resources.
     (b) The directors, administrators, or their designees, of the following departments, agencies, and commissions, or their statutory successors, may participate as councilmembers at their own discretion provided they elect to participate no later than sixty days after an application is filed:
     (i) Department of agriculture;
     (ii) Department of health;
     (iii) Military department; and
     (iv) Department of transportation.
     (c) Council membership is discretionary for agencies that choose to participate under (b) of this subsection only for applications that are filed with the council on or after May 8, 2001. For applications filed before May 8, 2001, council membership is mandatory for those agencies listed in (b) of this subsection.
     (4) The appropriate county legislative authority of every county wherein an application for a proposed site is filed shall appoint a member or designee as a voting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the county which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.
     (5) The city legislative authority of every city within whose corporate limits an energy plant is proposed to be located shall appoint a member or designee as a voting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the city which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.
     (6) For any port district wherein an application for a proposed port facility is filed subject to this chapter, the port district shall appoint a member or designee as a nonvoting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the port district which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site. The provisions of this subsection shall not apply if the port district is the applicant, either singly or in partnership or association with any other person.

Sec. 186   RCW 80.54.070 and 1979 c 33 s 7 are each amended to read as follows:
     Notwithstanding any other provision of law, a utility as defined in RCW 80.54.010(3) and any utility not regulated by the utilities ((and transportation)) commission shall levy attachment rates which are uniform for all licensees within the utility service area.

Sec. 187   RCW 80.60.010 and 2006 c 201 s 1 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly indicates otherwise.
     (1) "Commission" means the utilities ((and transportation)) commission.
     (2) "Customer-generator" means a user of a net metering system.
     (3) "Electrical company" means a company owned by investors that meets the definition of RCW 80.04.010.
     (4) "Electric cooperative" means a cooperative or association organized under chapter 23.86 or 24.06 RCW.
     (5) "Electric utility" means any electrical company, public utility district, irrigation district, port district, electric cooperative, or municipal electric utility that is engaged in the business of distributing electricity to retail electric customers in the state.
     (6) "Irrigation district" means an irrigation district under chapter 87.03 RCW.
     (7) "Municipal electric utility" means a city or town that owns or operates an electric utility authorized by chapter 35.92 RCW.
     (8) "Net metering" means measuring the difference between the electricity supplied by an electric utility and the electricity generated by a customer-generator over the applicable billing period.
     (9) "Net metering system" means a fuel cell, a facility that produces electricity and used and useful thermal energy from a common fuel source, or a facility for the production of electrical energy that generates renewable energy, and that:
     (a) Has an electrical generating capacity of not more than one hundred kilowatts;
     (b) Is located on the customer-generator's premises;
     (c) Operates in parallel with the electric utility's transmission and distribution facilities; and
     (d) Is intended primarily to offset part or all of the customer-generator's requirements for electricity.
     (10) "Port district" means a port district within which an industrial development district has been established as authorized by Title 53 RCW.
     (11) "Public utility district" means a district authorized by chapter 54.04 RCW.
     (12) "Renewable energy" means energy generated by a facility that uses water, wind, solar energy, or biogas from animal waste as a fuel.

NEW SECTION.  Sec. 188   The legislature finds that the economic vitality of Washington state requires robust rail and freight systems capable of providing its businesses, ports, and agricultural producers with competitive access to domestic and international markets. The legislature further finds that a carefully planned program of state investments in rail and freight infrastructure will allow Washington state to realize important public benefits, including increased safety and economic growth. To the extent that state funds are used to improve rail infrastructure, the legislature declares that it is the policy of the state of Washington to examine the cost of any rail infrastructure improvement as compared to the public benefits to be gained by making a rail infrastructure improvement according to the following priorities, in order of relative importance: (1) Economic, safety, or environmental advantages of freight movement by rail compared to alternative modes; (2) self-sustaining economic development that creates family-wage jobs; (3) preservation of transportation corridors that would otherwise be lost; (4) increased access to efficient and cost-effective transport to market for Washington's agricultural and industrial products; (5) better integration and cooperation within the regional, national, and international systems of freight distribution; and (6) mitigation of impacts of increased rail traffic on communities. In all cases, state investment in rail infrastructure should be allocated to leverage the greatest amount of partnership funding possible, and should only be considered when there is a demonstrably lower likelihood of obtaining the benefits specified in this section without some state funding of the infrastructure improvement.

NEW SECTION.  Sec. 189   (1) The department of transportation shall plan and coordinate the state's investment in the preservation and improvement of rail infrastructure and the rail transportation system. In executing its duties under this chapter, the department shall carefully consider the recommendations submitted by the transportation commission annually by August 1st. The department shall promptly and diligently furnish information that the transportation commission or the transportation committees of the house of representatives or senate may request relating to the rail transportation system or the rail infrastructure actions and projects plan described in section 190 of this act.
     (2) The freight mobility strategic investment board created in RCW 47.06A.030 becomes a division within the department of transportation on July 1, 2008.

NEW SECTION.  Sec. 190   The department of transportation shall identify rail infrastructure needs that could be addressed through the state's financial or other participation. The department shall consider possible types of state participation to address a rail infrastructure need, and shall analyze reasonable possibilities according to the priorities identified in section 188 of this act using the benefit/impact evaluation methodology developed as part of the statewide rail capacity and needs study finalized in December 2006. Based upon the benefit/impact analysis, the department shall develop and sequence a plan of actions and projects in which the state should participate. The rail infrastructure actions and projects plan must include an explanation of the analysis undertaken, and the conclusions derived from the analysis, for actions and projects recommended for state participation, as well as those actions and projects considered, but not recommended. The department shall update and report the plan to the transportation commission and the transportation committees of the house of representatives and senate by October 1st each year. The department shall monitor any circumstance with a foreseeable impact on the plan, and advise the transportation committees of the house of representatives and senate by February 15th each year regarding any changed circumstances that affect the plan.

NEW SECTION.  Sec. 191   By November 15th each year, the transportation commission shall report to the transportation committees of the house of representatives and senate the commission's concurrence or disagreement with the actions and projects recommended by the department of transportation in the plan developed by the department under section 190 of this act. The commission shall base its determinations on the priorities identified in section 188 of this act, and an evaluation of each action or project according to the methodology developed as part of the statewide rail capacity and needs study finalized in December 2006. If the commission finds that certain actions or projects do not appear within the department's plan, but warrant consideration, then the commission shall report its own analysis of the action or project to the transportation committees of the house of representatives and senate.

NEW SECTION.  Sec. 192   A new section is added to chapter 81.04 RCW to read as follows:
     The commission shall administer the railroad safety provisions of this title to the fullest extent allowed under federal and state law. For the purpose of participating with the United States department of transportation in investigation and surveillance activities necessary to enforce federal railroad safety regulations, the commission has regulatory jurisdiction over the safety practices for railroad equipment, facilities, rolling stock, and operations in the state.
     While the commission is responsible for overseeing rail safety, the department of transportation is responsible for performing inspections of rail infrastructure and equipment, investigating rail accidents, cooperating with federal authorities regarding rail accident investigations, and program delivery. The department shall report its inspection and investigation findings to the commission and provide operational support for the adjudicatory functions of the commission.

Sec. 193   RCW 81.04.010 and 1993 c 427 s 9 are each amended to read as follows:
     As used in this title, unless specially defined otherwise or unless the context indicates otherwise:
     (1) "Commission" means the ((utilities and)) transportation commission.
     (2) "Commissioner" means one of the members of ((such)) the commission.
     (3) "Corporation" includes a corporation, company, association, or joint stock association.
     (4) "Low-level radioactive waste site operating company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, operating, controlling, or managing a low-level radioactive waste disposal site or sites located within the state of Washington.
     (5) "Low-level radioactive waste" means low-level waste as defined by RCW 43.145.010.
     (6) "Person" includes an individual, a firm, or copartnership.
     (7) "Street railroad" includes every railroad by whatsoever power operated, or any extension or extensions, branch or branches thereof, for public use in the conveyance of persons or property for hire, being mainly upon, along, above, or below any street, avenue, road, highway, bridge, or public place within any one city or town, and includes all equipment, switches, spurs, tracks, bridges, right of trackage, subways, tunnels, stations, terminals, and terminal facilities of every kind used, operated, controlled, or owned by or in connection with any such street railroad, within this state.
     (8) "Street railroad company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, and every city or town, owning, controlling, operating, or managing any street railroad or any cars or other equipment used thereon or in connection therewith within this state.
     (9) "Railroad" includes every railroad, other than street railroad, by whatsoever power operated for public use in the conveyance of persons or property for hire, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations, and terminal facilities of every kind used, operated, controlled, or owned by or in connection with any such railroad.
     (10) "Railroad company" includes every corporation, company, association, joint stock association, partnership, or person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, operating, controlling, or managing any railroad or any cars or other equipment used thereon or in connection therewith within this state.
     (("Express company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, who shall engage in or transact the business of carrying any freight, merchandise, or property for hire on the line of any common carrier operated in this state.
     "Common carrier" includes all railroads, railroad companies, street railroads, street railroad companies, commercial ferries, express companies, car companies, sleeping car companies, freight companies, freight line companies, and every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, and every city or town, owning, operating, managing, or controlling any such agency for public use in the conveyance of persons or property for hire within this state.
     "Vessel" includes every species of watercraft, by whatsoever power operated, for public use in the conveyance of persons or property for hire over and upon the waters within this state, excepting all towboats, tugs, scows, barges, and lighters, and excepting rowboats and sailing boats under twenty gross tons burden, open steam launches of five tons gross and under, and vessels under five tons gross propelled by gas, fluid, naphtha, or electric motors.
     "Commercial ferry" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers, appointed by any court whatsoever, owning, controlling, leasing, operating, or managing any vessel over and upon the waters of this state.
     "Transportation of property" includes any service in connection with the receiving, delivery, elevation, transfer in transit, ventilation, refrigeration, icing, storage, and handling of the property transported, and the transmission of credit.
     "Transportation of persons" includes any service in connection with the receiving, carriage, and delivery of the person transported and his baggage and all facilities used, or necessary to be used in connection with the safety, comfort, and convenience of the person transported.
     "Public service company" includes every common carrier.
     The term)) (11) "Service" is used in this title in its broadest and most inclusive sense.

Sec. 194   RCW 81.04.080 and 1989 c 107 s 2 are each amended to read as follows:
     Every ((public service)) company regulated under this title shall annually furnish to the commission a report in ((such)) a form as the commission may require, and shall specifically answer all questions propounded to it by the commission((, upon or concerning which the commission may need information. Such annual reports shall show in detail the amount of capital stock issued, the amounts paid therefor and the manner of payment for same, the dividends paid, the surplus fund, if any, and the number of stockholders, the funded and floating debts and the interest paid thereon, the cost and value of the company's property, franchises and equipment, the number of employees and the salaries paid each class, the accidents to passengers, employees and other persons and the cost thereof, the amounts expended for improvements each year, how expended and the character of such improvements, the earnings or receipts from each franchise or business and from all sources, the proportion thereof earned from business moving wholly within the state and the proportion earned from interstate traffic, the nature of the traffic movement showing the percentage of the ton miles each class of commodity bears to the total ton mileage, the operating and other expenses and the proportion of such expense incurred in transacting business wholly within the state, and the proportion incurred in transacting interstate business, such division to be shown according to such rules of division as the commission may prescribe, the balances of profit and loss, and a complete exhibit of the financial operations of the carrier each year, including an annual balance sheet. Such report shall also contain such information in relation to rates, charges or regulations concerning fares, charges or freights, or agreements, arrangements or contracts affecting the same, as the commission may require; and the commission may, in its discretion, for the purpose of enabling it the better to carry out the provisions of this title,)). The commission may prescribe the period of time within which all ((public service)) companies subject to ((the provisions of)) this title ((shall)) must have, as near as ((may be)) possible, a uniform system of accounts, and the manner in which ((such)) the accounts ((shall)) must be kept. ((Such)) The detailed report ((shall)) must contain all the required statistics for the period of twelve months ending on the last day of any particular month prescribed by the commission for any ((public service)) company subject to this title. ((Such)) The report((s shall)) must be made out under oath and filed with the commission at its office in Olympia on ((such)) a date ((as)) the commission specifies by rule, unless additional time ((be)) is granted ((in any case)) by the commission. The commission ((shall have authority to)) may require any ((public service)) company subject to this title to file monthly reports of earnings and expenses, and to file periodical or special, or both periodical and special, reports concerning any matter ((about which)) the commission is authorized or required by this or any other law, to inquire into or keep itself informed about, or which it is required to enforce, ((such)) the periodical or special reports to be under oath whenever required by the commission ((so requires)).

Sec. 195   RCW 81.04.160 and 1961 c 14 s 81.04.160 are each amended to read as follows:
     The commission ((is hereby authorized and empowered to adopt, promulgate and issue rules and regulations covering the bulletining of trains, showing the time of arrival and departure of all trains, and the probable arrival and departure of delayed trains; the conditions to be contained in and become a part of contracts for transportation of persons and property, and any and all services concerning the same, or connected therewith; the time that station rooms and offices shall be kept open; rules governing demurrage and reciprocal demurrage, and to provide reasonable penalties to expedite the prompt movement of freight and release of cars, the limits of express deliveries in cities and towns, and generally such)) may adopt rules ((as)) that pertain to the comfort and convenience of the public ((concerning the subjects treated of in this title. Such rules and regulations shall be promulgated and issued by the commission on its own motion, and shall be served on the public service company affected thereby as other orders of the commission are served. Any public service company affected thereby, and deeming such rules and regulations, or any of them, improper, unjust, unreasonable, or contrary to law, may within twenty days from the date of service of such order upon it file objections thereto with the commission, specifying the particular grounds of such objections. The commission shall, upon receipt of such objections, fix a time and place for hearing the same, and after a full hearing may make such changes or modifications thereto, if any, as the evidence may justify. The commission shall have, and it is hereby given, power to adopt rules to govern its proceedings, and to regulate the mode and manner of all investigations and hearings: PROVIDED, No person desiring to be present at such hearing shall be denied permission. Actions may be instituted to review rules and regulations promulgated under this section as in the case of orders of the commission)) using the services of companies subject to this title.

Sec. 196   RCW 81.08.010 and 1981 c 13 s 3 are each amended to read as follows:
     ((The term)) "Public service company,"((,)) as used in this chapter, ((shall)) means every company now or hereafter engaged in business in this state ((as a public utility)) and subject to regulation as to rates and service by the ((utilities and)) transportation commission under ((the provisions of)) this title((: PROVIDED, That it shall not include any such company the issuance of stocks and securities of which is subject to regulation by the Interstate Commerce Commission: PROVIDED FURTHER, That it shall not include any "motor carrier" as that term is defined in RCW 81.80.010 or any "garbage and refuse collection company" subject to the provisions of chapter 81.77 RCW)).

Sec. 197   RCW 81.12.010 and 1981 c 13 s 4 are each amended to read as follows:
     ((The term)) "Public service company," as used in this chapter, ((shall)) means every company now or hereafter engaged in business in this state ((as a public utility)) and subject to regulation as to rates and service by the ((utilities and)) transportation commission under ((the provisions of)) this title((: PROVIDED, That it shall not include common carriers subject to regulation by the Interstate Commerce Commission: PROVIDED FURTHER, That it shall not include motor freight carriers subject to the provisions of chapter 81.80 RCW or garbage and refuse collection companies subject to the provisions of chapter 81.77 RCW: PROVIDED FURTHER, That nothing contained in this chapter shall relieve public service companies from the necessity for compliance with the provisions of RCW 81.80.270)).

Sec. 198   RCW 81.20.010 and 1961 c 14 s 81.20.010 are each amended to read as follows:
     As used in this chapter, ((the term)) "public service company" means any person, firm, association, or corporation, whether public or private, operating a ((utility or)) public service enterprise subject ((in any respect)) to regulation by the ((utilities and)) transportation commission under ((the provisions of)) this title ((or Title 22 RCW)).

Sec. 199   RCW 81.20.020 and 1961 c 14 s 81.20.020 are each amended to read as follows:
     Whenever the commission in any proceeding upon its own motion or upon complaint shall deem it necessary in order to carry out the duties imposed upon it by law to investigate the books, accounts, practices and activities of, or make any valuation or appraisal of the property of any public service company, or to investigate or appraise any phase of its operations, or to render any engineering or accounting service to or in connection with any public service company, and the cost thereof to the commission exceeds in amount the ordinary regulatory fees paid by such public service company during the preceding calendar year or estimated to be paid during the current year, whichever is more, such public service company shall pay the expenses reasonably attributable and allocable to such investigation, valuation, appraisal or services. The commission shall ascertain such expenses, and, after giving notice and an opportunity to be heard, shall render a bill therefor by registered mail to the public service company, either at the conclusion of the investigation, valuation, appraisal or services, or from time to time during its progress. Within thirty days after a bill has been mailed such public service company shall pay to the commission the amount of the bill, and the commission shall transmit such payment to the state treasurer who shall credit it to the ((public service revolving fund)) multimodal transportation account. The total amount which any public service company shall be required to pay under the provisions of this section in any calendar year shall not exceed one percent of the gross operating revenues derived by such public service company from its intrastate operations during the last preceding calendar year. If such company did not operate during all of the preceding year the calculations shall be based upon estimated gross revenues for the current year.

Sec. 200   RCW 81.24.010 and 2003 c 296 s 2 are each amended to read as follows:
     (1) Every company subject to regulation by the commission((, except auto transportation companies, steamboat companies, and motor freight carriers)) shall, on or before the date specified by the commission for filing annual reports under RCW 81.04.080, file with the commission a statement on oath showing its gross operating revenue from intrastate operations for the preceding calendar year, or portion thereof, and pay to the commission a fee equal to one-tenth of one percent of the first fifty thousand dollars of gross operating revenue, plus two-tenths of one percent of any gross operating revenue in excess of fifty thousand dollars, except railroad companies which shall each pay to the commission a fee equal to one and one-half percent of its intrastate gross operating revenue. The commission may, by rule, set minimum fees that do not exceed the cost of collecting the fees. The commission may by rule waive any or all of the minimum fee established pursuant to this section. Any railroad association that qualifies as a not-for- profit charitable organization under the federal internal revenue code section 501(c)(3) is exempt from the fee required under this subsection.
     (2) The percentage rates of gross operating revenue to be paid in any one year may be decreased by the commission for any class of companies subject to the payment of such fees, by general order entered before March 1st of such year, and for such purpose ((such)) railroad companies ((shall be)) are classified as ((follows: Railroad, express, sleeping car, and toll bridge companies shall constitute)) class two. Every other company subject to regulation by the commission, for which regulatory fees are not otherwise fixed by law shall pay fees as herein provided and shall constitute additional classes according to kinds of businesses engaged in.

Sec. 201   RCW 81.24.050 and 1983 c 3 s 206 are each amended to read as follows:
     In fixing the percentage rates of gross operating revenue to be paid by companies under RCW 81.24.010((, 81.24.020, and 81.24.030)), the commission shall ((consider all moneys then in the public service revolving fund and the fees currently to be paid into such fund, to the end that the fees collected from the companies, or classes of companies, covered by each respective section shall be)) collect fees approximately ((the same as)) equal to the reasonable cost of supervising and regulating ((such)) the companies, or classes of companies, respectively.

Sec. 202   RCW 81.24.070 and 1961 c 14 s 81.24.070 are each amended to read as follows:
     All moneys collected under ((the provisions of)) this chapter shall within thirty days be paid to the state treasurer ((and by him deposited to the public service revolving fund)) for deposit into the multimodal transportation account.

Sec. 203   RCW 81.24.080 and 1987 c 202 s 242 are each amended to read as follows:
     Every person, firm, company, or corporation, or the officers, agents or employees thereof, failing or neglecting to pay the fees herein required shall be guilty of a misdemeanor. All fines and penalties collected under the provisions of this chapter shall be deposited into the ((public service revolving fund)) multimodal transportation account of the state treasury: PROVIDED, That all fees, fines, forfeitures, and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.

NEW SECTION.  Sec. 204   A new section is added to chapter 81.28 RCW to read as follows:
     As used in this chapter, unless the context clearly requires otherwise, "common carrier" includes all railroads, railroad companies, street railroads, and every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court, and every city, town, port district, or rail district owning, operating, managing, or controlling any such agency for public use in the conveyance of persons or property for hire, except for ferries, within this state.

Sec. 205   RCW 81.28.010 and 1961 c 14 s 81.28.010 are each amended to read as follows:
     All charges made for any service rendered or to be rendered in the transportation of persons or property, or in connection therewith, by any common carrier subject to regulation by the commission as to rates and service, or by any two or more common carriers, ((shall)) must be just, fair, reasonable, and sufficient.
     Every common carrier shall construct, furnish, maintain, and provide, safe, adequate, and sufficient service facilities((, trackage, sidings, railroad connections, industrial and commercial spurs)) and equipment to enable it to promptly, expeditiously, safely, and properly receive, transport, and deliver all persons or property offered to or received by it for transportation, and to promote the safety, health, comfort, and convenience of its patrons, employees, and the public.
     All rules and regulations issued by any common carrier affecting or pertaining to the transportation of persons or property ((shall)) must be just and reasonable.

NEW SECTION.  Sec. 206   A new section is added to chapter 81.44 RCW to read as follows:
     As used in this chapter, unless the context clearly requires otherwise, "common carrier" includes all railroads, railroad companies, street railroads, and every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court, and every city, town, port district, or rail district owning, operating, managing, or controlling any such agency for public use in the conveyance of persons or property for hire within this state. "Common carrier" does not include commercial ferries, car companies, sleeping car companies, freight companies, or freight line companies.

Sec. 207   RCW 81.44.010 and 1961 c 14 s 81.44.010 are each amended to read as follows:
     Whenever the transportation commission ((shall)), after a hearing had upon its own motion or upon complaint, finds that((, additional tracks, switches, terminals, terminal facilities, stations, motive power or any other property, apparatus,)) any equipment((, facilities or device)) or facility for use by any common carrier in, or in connection with the transportation of persons or property, ought reasonably to be provided, or any repairs or improvements to, or changes in, any theretofore in use ought reasonably to be made, or any additions or changes in construction should reasonably be made thereto, in order to promote the security or convenience of the public or employees, or in order to secure adequate service or facilities for the transportation of passengers or property, the commission may, after a hearing, either on its own motion or after complaint, ((make and)) serve an order directing such repairs, improvements, changes, or additions to be made.

Sec. 208   RCW 81.44.020 and 1982 c 141 s 1 are each amended to read as follows:
     If upon investigation the ((commission shall)) department of transportation finds that the equipment ((or appliances in connection therewith, or the apparatus)) facilities, tracks, bridges, or other structures of any common carrier are defective, and that the operation thereof is dangerous to the employees of ((such)) the common carrier or to the public, it shall immediately give notice to the superintendent or other officer of ((such)) the common carrier of the repairs or reconstruction necessary to place the same in a safe condition, and shall immediately report its findings to the transportation commission. The commission may ((also)) prescribe the rate of speed for trains or cars passing over ((such)) the dangerous or defective track, bridge, or other structure until the repairs or reconstruction required are made, and may also prescribe the time ((within which the same shall)) when the repairs or reconstruction must be made((.)); or if((,)) in ((its)) the commission's opinion((,)) it is needful or proper, ((it)) the commission may forbid ((the running of)) trains or cars to run over any defective track, bridge, or structure until the ((same be)) track, bridge, or structure is repaired and placed in a safe condition. ((Failure of a)) Railroad bridges or trestles ((to be equipped with)) without walkways and handrails may be identified as an unsafe or defective condition under this section after a hearing ((had)) by the commission upon complaint or on its own motion. The commission, in making ((such)) the determination, shall balance considerations of employee and public safety with the potential for increased danger to the public resulting from adding ((such)) walkways or handrails to railway bridges((: PROVIDED, That)). A railroad company and its employees ((shall)) are not ((be)) liable for injury to or death of any person occurring on or about any railway bridge or trestle if ((such)) the person was not a railway employee but was a trespasser or was otherwise not authorized to be in the location where ((such)) the injury or death occurred.
     ((There shall be no)) Appeal from or action to review any order of the commission made under ((the provisions of)) this section is not available if the commission finds that immediate compliance is necessary for the protection of employees or the public.

Sec. 209   RCW 81.44.040 and 1961 c 14 s 81.44.040 are each amended to read as follows:
     ((Each car shall be equipped with couplers coupling automatically, which can be coupled or uncoupled without the necessity of men going between the ends of the cars, with power brakes, with proper hand brakes, sill steps and grab irons, and, where secure ladders and running boards are required, with such ladders and running boards, and all cars having ladders shall also be equipped with secure hand holds or grab irons on their roofs at the tops of such ladders, and with such other appliances necessary for the safe operation of such cars, and the trains containing such cars, as may be prescribed by the commission: PROVIDED, That in the loading and hauling of long commodities requiring more than one car, hand brakes may be omitted from all save one of the cars, while they are thus combined for such purpose: AND PROVIDED FURTHER, That in the operation of trains not less than eighty-five percent of the cars in such train, which are associated together, shall have their power brakes used and operated by the engineer of the locomotive drawing such train.))
     Every street car ((shall)) must be equipped with proper and efficient brakes, steps, grab irons or hand rails, fenders or aprons or pilots, and with ((such)) other appliances, apparatus, and machinery necessary for the safe operation of ((such)) the street car as the ((commission)) department of transportation may prescribe.

Sec. 210   RCW 81.44.032 and 1977 ex.s. c 263 s 2 are each amended to read as follows:
     Any railroad or railway in this state violating any of the provisions of RCW 81.44.031, shall be fined not less than five hundred dollars nor more than one thousand dollars for each violation; each day such condition exists shall constitute a separate violation. In setting the fine for equipment failure, the location of the locomotive at the time of the violation and access to repair facilities shall be taken into consideration. It shall also be a violation of RCW 81.44.031 and this section subject to the same penalty as provided in this section for any railroad employee, except those charged with the duty of installation, maintenance, and repair or removal of speedometers to tamper with, adjust, or break the lock or alter or remove the speed recording tape therein. Any penalty collected under this section shall be transmitted to the state treasurer for deposit into the multimodal transportation account.

Sec. 211   RCW 81.44.065 and 1961 c 14 s 81.44.065 are each amended to read as follows:
     To the extent permissible under federal law, the ((utilities and)) department of transportation ((commission)) shall exercise all powers and duties in relation to the inspection of tracks, bridges, structures, equipment, apparatus, and appliances of railroads with respect to the safety of employees and the public and the administration and enforcement of all laws providing for the protection of the public and employees of railroads which prior to April 1, 1955 were vested in and required to be performed by the director of labor and industries.

Sec. 212   RCW 81.44.070 and 1961 c 14 s 81.44.070 are each amended to read as follows:
     It shall be the duty of the inspector of tracks, bridges, structures, and equipment, and such deputies as may be appointed, to inspect all equipment, and appliances connected therewith, and all apparatus, tracks, bridges and structures, depots and facilities and accommodations connected therewith, and facilities and accommodations furnished for the use of employees, and make such reports of ((his)) the inspection to the ((commission)) department of transportation as may be required. ((He)) The inspector shall, on discovering any defective equipment or appliances connected therewith, rendering the use of such equipment dangerous, immediately report the same to the superintendent of the road on which it is found, and to the proper official at the nearest point where such defect is discovered, describing the defect. ((Such)) The inspector may, on the discovery of any defect rendering the use of any car, motor, or locomotive dangerous, condemn such car, motor, or locomotive, and order the same out of service until repaired and put in good working order. ((He)) The inspector shall, on discovering any track, bridge, or structure defective or unsafe in any particular, report such condition to the ((commission)) department of transportation, and, in addition thereto, report the same to the official in charge of the division of such railroad upon which such defect is found. In case any track, bridge, or structure is found so defective as to be dangerous to the employees or public for a train or trains to be operated over the same, the inspector is hereby authorized to condemn such track, bridge, or structure and notify the ((commission)) department of transportation and the office in charge of the division of such railroad where such defect is found ((of his action concerning the same)), reporting in detail the defect complained of, and the work or improvements necessary to repair such defect. ((He)) The inspector shall also report to the ((commission)) department of transportation the violation of any law governing, controlling, or affecting the conduct of public service companies in this state((, as such companies are defined in this title or in Title 80 RCW)).
     The inspector, or such deputies as may be appointed, shall have the right and privilege of riding on any locomotive, either on freight or passenger trains, or on the caboose of any freight train, for the purpose of inspecting the track on any railroad in this state: PROVIDED, That the engineer or conductor in charge of any such locomotive or caboose may require such inspector to produce his or her authority, under the seal of the ((commission)) department of transportation, showing that he or she is ((such)) the inspector or deputy inspector.
     The inspector, or such deputy inspector or inspectors as may be appointed, shall, when required by the ((commission)) department of transportation, inspect any street railroad, gas plant, electrical plant, water system, telephone line, or telegraph line, and upon discovering any defective or dangerous track, bridge, structure, equipment, apparatus, machinery, appliance, facility, instrumentality, or building, rendering the use of the same dangerous to the public or to the employees of the company owning or operating the same, report the same to the ((commission)) department of transportation, and to the official in charge of such road, plant, system, or line.

Sec. 213   RCW 81.48.015 and 1995 c 315 s 2 are each amended to read as follows:
     (1) The legislature hereby authorizes cities and counties to enact ordinances limiting or prohibiting the sounding of locomotive horns, provided the ordinance applies only at crossings equipped with supplemental safety measures. A supplemental safety measure is a safety device defined in P.L. 103-440, section 20153(a)(3), as that law existed on November 2, 1994. A supplemental safety measure that prevents careless movement over the crossing (e.g., as where adequate median barriers prevent movement around crossing gates extending over the full width of the lanes in a particular direction of travel), shall be deemed to conform to those standards required under P.L. 103-440 unless specifically rejected by emergency order issued by the United States secretary of the department of transportation.
     (2) Prior to enacting the ordinance, the cities and counties shall provide written notification to the railroad companies affected by the proposed ordinance, and to the ((state utilities and)) transportation commission, for the purpose of providing an opportunity to comment on the proposed ordinance.
     (3) Nothing in this section shall be construed as limiting the state's power, guaranteed by the tenth amendment to the Constitution of the United States, to enact laws necessary for the health, safety, or welfare of the people of the state of Washington.

NEW SECTION.  Sec. 214   A new section is added to chapter 81.53 RCW to read as follows:
     The department of transportation shall not certify, or inspect for the purpose of certifying, the safety of any rail track, rail construction, or grade crossings that are constructed, repaired, refurbished, operated, or funded through grants or otherwise by the department. The department shall facilitate, as needed, inspection of any rail infrastructure within the state that is conducted by federal inspectors.

Sec. 215   RCW 81.53.010 and 1961 c 14 s 81.53.010 are each amended to read as follows:
     ((The term)) For the purposes of this chapter unless the context clearly requires otherwise:
     (1) "Commission((,))" ((when used in this chapter,)) means the ((utilities and)) transportation commission ((of Washington)).
     ((The term)) (2) "Department" means the department of transportation.
     (3) "Highway((,))" ((when used in this chapter,)) includes all state and county roads, streets, alleys, avenues, boulevards, parkways, and other public places actually open and in use, or to be opened and used, for travel by the public.
     ((The term)) (4) "Railroad((,))" ((when used in this chapter,)) means every railroad, including interurban and suburban electric railroads, by whatsoever power operated, for the public use in the conveyance of persons or property for hire, with all bridges, ferries, tunnels, equipment, switches, spurs, sidings, tracks, stations, and terminal facilities of every kind, used, operated, controlled, managed, or owned by or in connection therewith. ((The said term shall also)) "Railroad" includes every logging and other industrial railway owned or operated primarily for the purpose of carrying the property of its owners or operators or of a limited class of persons, with all tracks, spurs, and sidings used in connection therewith. ((The said term shall)) "Railroad" does not include street railways operating within the limits of any incorporated city or town.
     ((The term)) (5) "Railroad company((,))" ((when used in this chapter,)) includes every corporation, company, association, joint stock association, partnership, or person, ((its,)) their ((or his)) lessees, trustees, or receivers appointed by any court ((whatsoever)), owning, operating, controlling, or managing any railroad((, as that term is defined in this section)).
     ((The term)) (6)(a) "Over-crossing((,))" ((when used in this chapter,)) means any point or place where a highway crosses a railroad by passing above the ((same)) railroad.
     ((The term)) (b) "Under-crossing((,))" ((when used in this chapter,)) means any point or place where a highway crosses a railroad by passing under the ((same)) railroad.
     ((The term)) (c) "Over-crossing" or "under-crossing((,))" ((shall)) also means any point or place where one railroad crosses another railroad not at grade.
     ((The term)) (7) "Grade crossing((,))" ((when used in this chapter,)) means any point or place where a railroad crosses a highway or a highway crosses a railroad or one railroad crosses another, at a common grade.

Sec. 216   RCW 81.53.020 and 1961 c 14 s 81.53.020 are each amended to read as follows:
     All railroads and extensions of railroads hereafter constructed shall cross existing railroads and highways by passing either over or under the same, when practicable, and shall in no instance cross any railroad or highway at grade without authority first being obtained from the ((commission)) department to do so. All highways and extensions of highways hereafter laid out and constructed shall cross existing railroads by passing either over or under the same, when practicable, and shall in no instance cross any railroad at grade without authority first being obtained from the ((commission)) department to do so: PROVIDED, That this section shall not be construed to prohibit a railroad company from constructing tracks at grade across other tracks owned or operated by it within established yard limits. In determining whether a separation of grades is practicable, the ((commission)) department shall take into consideration the amount and character of travel on the railroad and on the highway; the grade and alignment of the railroad and the highway; the cost of separating grades; the topography of the country, and all other circumstances and conditions naturally involved in such an inquiry.

Sec. 217   RCW 81.53.050 and 1961 c 14 s 81.53.050 are each amended to read as follows:
     If the ((commission)) department finds and determines that a change in route of an existing highway, or vacation of a portion thereof, is necessary or advisable, it shall further find and determine what private property or property rights it is necessary to take, damage, or injuriously affect for the purpose of constructing the highway along a new route, and what private property or property rights, will be affected by the proposed vacation of a portion of an existing highway. The property and property rights found necessary to be taken, damaged, or affected shall be described in the findings with reasonable accuracy. In any action brought to acquire the right to take or damage any such property or property rights, the findings of the ((commission)) department shall be conclusive as to the necessity therefor. A copy of the findings shall be served upon all parties to the cause.

Sec. 218   RCW 81.53.070 and 1961 c 14 s 81.53.070 are each amended to read as follows:
     At the conclusion of the hearing the ((commission)) department shall make and file its written findings of fact concerning the matters inquired into in like manner as provided for findings of fact upon petition for new crossings. The ((commission)) department shall also enter its order based upon said findings of fact, which shall specify whether the highway shall continue at grade or whether it shall be changed to cross over or under the railroad in its existing location or at some other point, and whether an over-crossing or under-crossing shall be established at the proposed location of any street or highway or at some other point, or whether the style and nature of construction of an existing crossing shall be changed, or whether said highway shall be closed and travel thereon diverted to another channel, or any other change that the ((commission)) department may find advisable or necessary: PROVIDED, That in an emergency where a highway is relocated to avoid a grade crossing, or a new crossing is constructed in the vicinity of an existing crossing in the interest of public safety, the ((commission)) department may order such existing crossing closed without notice or hearing as specified herein. In case the order made requires that private lands, property, or property rights be taken, damaged or injuriously affected, the right to take, damage or injuriously affect the same shall be acquired as hereinafter provided.
     Any petition herein authorized may be filed by the commission on its own motion, and proceedings thereon shall be the same as herein provided for the hearing and determination of a petition filed by a railroad company.

Sec. 219   RCW 81.53.080 and 1969 ex.s. c 210 s 9 are each amended to read as follows:
     After February 24, 1937, no building, loading platform, or other structure which will tend to obstruct the vision of travelers on a highway or parkway, of approaching railway traffic, shall be erected or placed on railroad or public highway rights of way within a distance of one hundred feet of any grade crossing located outside the corporate limits of any city or town unless authorized by the ((commission)) department, and no trains, railway cars or equipment shall be spotted less than one hundred feet from any grade crossing within or without the corporate limits of any city or town except to serve station facilities and existing facilities of industries.
     The ((commission)) department shall have the power to specify the minimum vertical and horizontal clearance of under-crossings constructed, repaired, or reconstructed after February 24, 1937, except as to primary state highways.

Sec. 220   RCW 81.53.110 and 1961 c 14 s 81.53.110 are each amended to read as follows:
     Whenever, under the provisions of this chapter, a new highway is constructed across a railroad, or an existing grade crossing is eliminated or changed (or the style or nature of construction of an existing crossing is changed), the entire expense of constructing a new grade crossing, an overcrossing, under-crossing, or safer grade crossing, or changing the nature and style of construction of an existing crossing, including the expense of constructing approaches to such crossing and the expense of securing rights of way for such approaches, as the case may be, shall be apportioned by the ((commission)) department between the railroad, municipality, or county affected, or if the highway is a state road or parkway, between the railroad and the state, in such manner as justice may require, regard being had for all facts relating to the establishment, reason for, and construction of said improvement. If the highway involved is a state road or parkway, the amount not apportioned to the railroad company shall be paid as provided by law for constructing such state road or parkway.

Sec. 221   RCW 81.53.120 and 1961 c 14 s 81.53.120 are each amended to read as follows:
     Whenever two or more lines of railroad owned or operated by different companies cross a highway, or each other, by an over-crossing, under-crossing, or grade crossing required or permitted by this chapter or by an order of the ((commission)) department, the portion of the expense of making such crossing not chargeable to any municipality, county or to the state, and the expense of constructing and maintaining such signals, warnings, flagmen, interlocking devices, or other devices or means to secure the safety of the public and the employees of the railroad company, as the ((commission)) department may require to be constructed and maintained, shall be apportioned between said railroad companies by the ((commission)) department in such manner as justice may require, regard being had for all facts relating to the establishment, reason for, and construction of said improvement, unless said companies shall mutually agree upon an apportionment. If it becomes necessary for the ((commission)) department to make an apportionment between the railroad companies, a hearing for that purpose shall be held, at least ten days' notice of which shall be given.

Sec. 222   RCW 81.53.130 and 1988 c 202 s 65 are each amended to read as follows:
     In the construction of new railroads across existing highways, the railroads shall do or cause to be done all the work of constructing the crossings and road changes that may be required, and shall acquire and furnish whatever property or easements may be necessary, and shall pay, as provided in RCW 81.53.100 through 81.53.120, the entire expense of such work including all compensation or damages for property or property rights taken, damaged or injuriously affected. In all other cases the construction work may be apportioned by the ((commission)) department between the parties who may be required to contribute to the cost thereof as the parties may agree, or as the ((commission)) department may consider advisable. All work within the limits of railroad rights of way shall in every case be done by the railroad company owning or operating the same. The cost of acquiring additional lands, rights or easements to provide for the change of existing crossings shall, unless the parties otherwise agree, in the first instance be paid by the municipality or county within which the crossing is located; or in the case of a state road or parkway, shall be paid in the manner provided by law for paying the cost of acquiring lands, rights, or easements for the construction of state roads or parkways. The expense accruing on account of property taken or damaged shall be divided and paid in the manner provided for dividing and paying other costs of construction. Upon the completion of the work and its approval by the ((commission)) department, an accounting shall be had, and if it shall appear that any party has expended more than its proportion of the total cost, a settlement shall be forthwith made. If the parties shall be unable to agree upon a settlement, the ((commission)) department shall arbitrate, adjust and settle the account after notice to the parties. In the event of failure and refusal of any party to pay its proportion of the expense, the sum with interest from the date of the settlement may be recovered in a civil action by the party entitled thereto. In cases where the ((commission)) department has settled the account, the finding of the ((commission)) department as to the amount due shall be conclusive in any civil action brought to recover the same if such finding has not been reviewed or appealed from as herein provided, and the time for review or appeal has expired. If any party shall seek review of any finding or order of the ((commission)) department apportioning the cost between the parties liable therefor, the superior court, the court of appeals, or the supreme court, as the case may be, shall cause judgment to be entered in such review proceedings for such sum or sums as may be found lawfully or justly due by one party to another.

Sec. 223   RCW 81.53.140 and 1961 c 14 s 81.53.140 are each amended to read as follows:
     The ((commission)) department, in any order requiring work to be done, shall have power to fix the time within which the same shall be performed and completed: PROVIDED, That if any party having a duty to perform within a fixed time under any order of the ((commission)) department shall make it appear to the ((commission)) department that the order cannot reasonably be complied with within the time fixed by reason either of facts arising after the entry of the order or of facts existing prior to the entry thereof that were not presented, and with reasonable diligence could not have been sooner presented to the ((commission)) department, such party shall be entitled to a reasonable extension of time within which to perform the work. An order of the ((commission)) department refusing to grant an extension of time may be reviewed as provided for the review of other orders of the ((commission)) department.

Sec. 224   RCW 81.53.150 and 1961 c 14 s 81.53.150 are each amended to read as follows:
     Modes of procedure under this chapter, unless otherwise provided in this chapter, shall be as provided in other provisions of this title. The ((commission)) department is hereby given power to adopt rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings under this chapter.

Sec. 225   RCW 81.53.160 and 1961 c 14 s 81.53.160 are each amended to read as follows:
     All notices required to be served by this chapter shall be in writing, and shall briefly state the nature of the matter to be inquired into and investigated. Notices may be served in the manner provided by law for the service of summons in civil cases, or by registered United States mail. When service is made by registered mail, the receipt of the receiving post office shall be sufficient proof of service. When, under the provisions of this chapter, it is necessary to serve notice of hearings before the ((commission)) department on owners of private lands, property, or property rights, and such owners cannot be found, service may be made by publication in the manner provided by law for the publication of summons in civil actions, except that publication need be made but once each week for three consecutive weeks, and the hearing may be held at any time after the expiration of thirty days from the date of the first publication of the notice.

Sec. 226   RCW 81.53.170 and 1988 c 202 s 66 are each amended to read as follows:
     Upon the petition of any party to a proceeding before the ((commission)) department, any finding or findings, or order or orders of the ((commission)) department, made under color of authority of this chapter, except as otherwise provided, may be reviewed ((in the superior court of the county wherein the crossing is situated)) by the commission, and the reasonableness and lawfulness of such finding or findings, order or orders inquired into and determined, as provided in this title for the review of the ((commission's)) department's orders generally. Appellate review of the judgment of the ((superior court)) commission may be sought ((in like manner as provided in said utilities and transportation commission law for review)) by the superior court of the county in which the crossing is situated, and the supreme court or the court of appeals thereafter. If the department has a conflict of interest with respect to a matter contested or brought for hearing before the department under this chapter, then the department shall recuse itself from hearing the matter. The commission has jurisdiction over any matter arising under this chapter from which the department recuses itself, with appellate review sought by the superior court of the county in which the crossing is situated, and the supreme court or the court of appeals thereafter. For purposes of adjudicatory proceedings to address matters properly subjected to a hearing before the commission under this chapter, the commission is empowered with all the authorities granted to the department under this chapter.

Sec. 227   RCW 81.53.180 and 1961 c 14 s 81.53.180 are each amended to read as follows:
     Whenever to carry out any work undertaken under this chapter it is necessary to take, damage, or injuriously affect any private lands, property, or property rights, the right so to take, damage, or injuriously affect the same may be acquired by condemnation as hereinafter provided:
     (1) In cases where new railroads are constructed and laid out by railroad company authorized to exercise the power of eminent domain, the right to take, damage, or injuriously affect private lands, property, or property rights shall be acquired by the railroad company by a condemnation proceedings brought in its own name and prosecuted as provided by law for the exercise of the power of eminent domain by railroad companies, and the right of eminent domain is hereby conferred on railroad companies for the purpose of carrying out the requirements of this chapter or the requirements of any order of the ((commission)) department.
     (2) In cases where it is necessary to take, damage, or injuriously affect private lands, property, or property rights to permit the opening of a new highway or highway crossing across a railroad, the right to take, damage, or injuriously affect such lands, property, or property rights shall be acquired by the municipality or county petitioning for such new crossing by a condemnation proceeding brought in the name of such municipality or county as provided by law for the exercise of the power of eminent domain by such municipality or county. If the highway involved be a state highway, then the right to take, damage, or injuriously affect private lands, property, or property rights shall be acquired by a condemnation proceeding prosecuted under the laws relative to the exercise of the power of eminent domain in aid of such state road.
     (3) In cases where the ((commission)) department orders changes in existing crossings to secure an under-crossing, over-crossing, or safer grade crossing, and it is necessary to take, damage, or injuriously affect private lands, property, or property rights to execute the work, the right to take, damage, or injuriously affect such lands, property, or property rights shall be acquired in a condemnation proceeding prosecuted in the name of the state of Washington by the attorney general under the laws relating to the exercise of the power of eminent domain by cities of the first class for street and highway purposes: PROVIDED, That in the cases mentioned in this subdivision the full value of any lands taken shall be awarded, together with damages, if any accruing to the remainder of the land not taken by reason of the severance of the part taken, but in computing the damages to the remainder, if any, the jury shall offset against such damages, if any, the special benefits, if any, accruing to such remainder by reason of the proposed improvement. The right of eminent domain for the purposes mentioned in this subdivision is hereby granted.

Sec. 228   RCW 81.53.190 and 1961 c 14 s 81.53.190 are each amended to read as follows:
     If an under-crossing, over-crossing, or grade crossing is constructed, maintained, or operated, or is about to be constructed, operated, or maintained, in violation of the provisions of this chapter, or in violation of any order of the ((commission)) department, such construction, operation, or maintenance may be enjoined, or may be abated, as provided by law for the abatement of nuisances. Suits to enjoin or abate may be brought by the attorney general, or by the prosecuting attorney of the county in which the unauthorized crossing is located.

Sec. 229   RCW 81.53.200 and 1961 c 14 s 81.53.200 are each amended to read as follows:
     If any railroad company, county, municipality, or officers thereof, or other person, shall fail, neglect, or refuse to perform or discharge any duty required of it or them under this chapter or any order of the ((commission)) department, the performance of such duty may be compelled by mandamus, or other appropriate proceeding, prosecuted by the attorney general upon request of the ((commission)) department.

Sec. 230   RCW 81.53.210 and 1961 c 14 s 81.53.210 are each amended to read as follows:
     If any railroad company shall fail or neglect to obey, comply with, or carry out the requirements of this chapter, or any order of the ((commission)) department made under it, such company shall be liable to a penalty not to exceed five thousand dollars, such penalty to be recovered in a civil action brought in the name of the state of Washington by the attorney general. All penalties recovered shall be paid into the state treasury.

Sec. 231   RCW 81.53.220 and 1983 c 3 s 210 are each amended to read as follows:
     Whenever, to carry out any work ordered under RCW 81.53.010 through 81.53.281 and 81.54.010, it is necessary to erect and maintain posts, piers, or abutments in a highway, the right and authority to erect and maintain the same is hereby granted: PROVIDED, That, in case of a state highway the same shall be placed only at such points on such state highway as may be approved by the state secretary of transportation ((and fixed after such approval by order of the commission)).

Sec. 232   RCW 81.53.240 and 1984 c 7 s 375 are each amended to read as follows:
     Except to the extent necessary to permit participation by first class cities in the grade crossing protective fund, when an election to participate is made as provided in RCW 81.53.261 through 81.53.291, chapter 81.53 RCW is not operative within the limits of first class cities, and does not apply to street railway lines operating on or across any street, alley, or other public place within the limits of any city, except that a street car line outside of cities of the first class shall not cross a railroad at grade without express authority from the ((commission)) department. ((The commission may not change the location of a state highway without the approval of the secretary of transportation, or the location of any crossing thereon adopted or approved by the department of transportation, or grant a railroad authority to cross a state highway at grade without the consent of the secretary of transportation.))

Sec. 233   RCW 81.53.250 and 1961 c 14 s 81.53.250 are each amended to read as follows:
     The ((commission)) department may employ temporarily such experts, engineers, and inspectors as may be necessary to supervise changes in existing crossings undertaken under this chapter; the expense thereof shall be paid by the railroad upon the request and certificate of the ((commission)) department, said expense to be included in the cost of the particular change of grade on account of which it is incurred, and apportioned as provided in this chapter.
     The ((commission)) department may also employ such engineers and other persons as permanent employees as may be necessary to properly administer this chapter.

Sec. 234   RCW 81.53.261 and 1982 c 94 s 1 are each amended to read as follows:
     Whenever the secretary of transportation or the governing body of any city, town, or county, or any railroad company whose road is crossed by any highway, shall deem that the public safety requires signals or other warning devices, other than sawbuck signs, at any crossing of a railroad at common grade by any state, city, town, or county highway, road, street, alley, avenue, boulevard, parkway, or other public place actually open and in use or to be opened and used for travel by the public, ((he or it shall file with the utilities and transportation commission a petition in writing, alleging that the public safety requires the installation of specified signals or other warning devices at such crossing or specified changes in the method and manner of existing crossing warning devices. Upon receiving such petition,)) the ((commission)) department shall promptly set the matter for hearing, giving at least twenty days notice to the railroad company or companies and the county or municipality affected ((thereby, or the secretary of transportation in the case of a state highway,)) of the time and place of such hearing. At the time and place fixed in the notice, all persons and parties interested shall be entitled to be heard and introduce evidence, which shall be reduced to writing and filed by the ((commission)) department. If the ((commission)) department shall determine from the evidence that public safety does not require the installation of the signal, other warning device, or change in the existing warning device specified in the petition, it shall make determinations to that effect and enter an order denying said petition in toto. If the ((commission)) department shall determine from the evidence that public safety requires the installation of such signals or other warning devices at such crossing or such change in the existing warning devices at said crossing, it shall make determinations to that effect and enter an order directing the installation of such signals or other warning devices or directing that such changes shall be made in existing warning devices. The ((commission)) department shall also at said hearing apportion the entire cost of installation and maintenance of such signals or other warning devices, other than sawbuck signs, as provided in RCW 81.53.271: PROVIDED, That upon agreement by all parties to waive hearing, the ((commission)) department shall forthwith enter its order.
     No railroad shall be required to install any such signal or other warning device until the public body involved has either paid or executed its promise to pay to the railroad its portion of the estimated cost thereof.
     Nothing in this section shall be deemed to foreclose the right of the interested parties to enter into an agreement, franchise, or permit arrangement providing for the installation of signals or other warning devices at any such crossing or for the apportionment of the cost of installation and maintenance thereof, or compliance with an existing agreement, franchise, or permit arrangement providing for the same.
     The hearing and determinations authorized by this section may be instituted by the ((commission)) department on its own motion, and the proceedings, hearing, and consequences thereof shall be the same as for the hearing and determination of any petition authorized by this section.
     No part of the record, or a copy thereof, of the hearing and determination provided for in this section and no finding, conclusion, or order made pursuant thereto shall be used as evidence in any trial, civil or criminal, arising out of an accident at or in the vicinity of any crossing prior to installation of signals or other warning devices pursuant to an order of the ((commission)) department as a result of any such investigation.
     Any order entered by the ((utilities and transportation commission)) department under this section shall be subject to review, supersedeas, and appeal as provided in RCW 81.04.170 through 81.04.190, respectively.
     Nothing in this section shall be deemed to relieve any railroad from liability on account of failure to provide adequate protective devices at any such crossing.

Sec. 235   RCW 81.53.271 and 2003 c 190 s 2 are each amended to read as follows:
     The petition shall set forth by description the location of the crossing or crossings, the type of signal or other warning device to be installed, the necessity from the standpoint of public safety for such installation, the approximate cost of installation and related work, and the approximate annual cost of maintenance. If the ((commission)) department directs the installation of a grade crossing protective device, and a federal-aid funding program is available to participate in the costs of such installation, installation and maintenance costs of the device shall be apportioned in accordance with the provisions of RCW 81.53.295. Otherwise if installation is directed by the ((commission)) department, it shall apportion the cost of installation and maintenance as provided in this section:
     (1) Installation: (a) The first twenty thousand dollars shall be apportioned to the grade crossing protective fund created by RCW 81.53.281; and
     (b) The remainder of the cost shall be apportioned as follows:
     (i) Sixty percent to the grade crossing protective fund, created by RCW 81.53.281;
     (ii) Thirty percent to the city, town, county, or state; and
     (iii) Ten percent to the railroad:
     PROVIDED, That, if the proposed installation is located at a new crossing requested by a city, town, county, or state, forty percent of the cost shall be apportioned to the city, town, county, or state, and none to the railroad. If the proposed installation is located at a new crossing requested by a railroad, then the entire cost shall be apportioned to the railroad. In the event the city, town, county, or state should concurrently petition the ((commission)) department and secure an order authorizing the closure of an existing crossing or crossings in proximity to the crossing for which installation of signals or other warning devices shall have been directed, the apportionment to the petitioning city, town, county, or state shall be reduced by ten percent of the total cost for each crossing ordered closed and the apportionment from the grade crossing protective fund increased accordingly. This exception shall not be construed to permit a charge to the grade crossing protective fund in an amount greater than the total cost otherwise apportionable to the city, town, county, or state. No reduction shall be applied where one crossing is closed and another opened in lieu thereof, nor to crossings of a private nature.
     (2) Maintenance: (a) Twenty-five percent to the grade crossing protective fund, created by RCW 81.53.281; and
     (b) Seventy-five percent to the railroad:
     PROVIDED, That if the proposed installation is located at a new crossing requested by a railroad, then the entire cost shall be apportioned to the railroad.

Sec. 236   RCW 81.53.275 and 1969 ex.s. c 281 s 18 are each amended to read as follows:
     In the event funds are not available from the grade crossing protective fund, the ((commission)) department shall apportion to the parties on the basis of the benefits to be derived by the public and the railroad, respectively, that part of the cost which would otherwise be assigned to the fund: PROVIDED, That in such instances the city, town, county or state shall not be assessed more than sixty percent of the total cost of installation on other than federal aid designated highway projects: AND PROVIDED FURTHER, That in such instances the entire cost of maintenance shall be apportioned to the railroad.

Sec. 237   RCW 81.53.281 and 2003 c 190 s 3 are each amended to read as follows:
     There is hereby created in the state treasury a "grade crossing protective fund" to carry out the provisions of RCW 81.53.261, 81.53.271, 81.53.281, 81.53.291, and 81.53.295; for grants and/or subsidies to public, private, and nonprofit entities for rail safety projects authorized or ordered by the ((commission)) department; and for personnel and associated costs related to supervising and administering rail safety grants and/or subsidies. The ((commission)) department shall transfer from the public service revolving fund's miscellaneous fees and penalties accounts moneys appropriated for these purposes as needed. At the time the ((commission)) department makes each allocation of cost to said grade crossing protective fund, it shall certify that such cost shall be payable out of said fund. ((When federal-aid highway funds are involved, the department of transportation shall, upon entry of an order by the commission requiring the installation or upgrading of a grade crossing protective device, submit to the commission an estimate for the cost of the proposed installation and related work. Upon receipt of the estimate the commission shall pay to the department of transportation the percentage of the estimate specified in RCW 81.53.295, as now or hereafter amended, to be used as the grade crossing protective fund portion of the cost of the installation and related work.))
     The ((commission)) department may adopt rules for the allocation of money from the grade crossing protective fund.

Sec. 238   RCW 81.53.291 and 1969 c 134 s 4 are each amended to read as follows:
     RCW 81.53.261 through 81.53.291 shall be operative within the limits of all cities, towns, and counties, except cities of the first class. Cities of the first class may elect as to each particular crossing whether RCW 81.53.261 through 81.53.291 shall apply. Such election shall be made by the filing by such city of a petition as provided for in RCW 81.53.261 with the ((utilities and transportation commission)) department, or by a statement filed with the ((commission)) department accepting jurisdiction, when such petition is filed by others.

Sec. 239   RCW 81.53.420 and 1977 ex.s. c 168 s 3 are each amended to read as follows:
     The ((utilities and transportation commission)) department shall adopt rules to implement the provisions of RCW 81.53.400 and 81.53.410 pursuant to chapter 34.05 RCW. The ((commission)) department shall invite the participation of all interested parties in any hearings or proceedings taken under this section, including any parties who request notice of any proceedings.
     Any rules adopted under this section and any devices employed under RCW 81.53.410 shall conform to the national standards established by the current manual, including any future revisions, on the uniform traffic control devices as approved by the American national standards institute as adopted by the federal highway administrator of the United States department of transportation.
     Rules adopted by the ((commission)) department shall specifically prescribe the duties, procedures, and equipment to be used by the flagpersons required by RCW 81.53.410.
     RCW 81.53.400 through 81.53.420 and rules adopted thereunder shall be enforced by the ((commission)) department under the provisions of chapter 81.04 RCW: PROVIDED, That rules adopted by the ((commission)) department shall recognize that cities with a population in excess of four hundred thousand are responsible for specific public thoroughfares and have the specific responsibility and authority for determining the practices relating to safeguarding the public during construction, repair, and maintenance activities.

Sec. 240   RCW 81.61.020 and 1977 ex.s. c 2 s 2 are each amended to read as follows:
     The ((utilities and)) department of transportation ((commission)) shall adopt such rules and orders as are necessary to insure that every passenger-carrying vehicle provided by a railroad company to transport employees in the course of their employment shall be maintained and operated in a safe manner whether it is used on a public or private road or railroad. Such rules and orders shall establish minimum standards for:
     (1) The construction and mechanical equipment of the passenger-carrying vehicles, including coupling devices, lighting devices and reflectors, exhaust system, rear vision mirrors, service and parking brakes, steering mechanisms, tires, warning and signaling devices, windshield wipers, and heating equipment capable of maintaining a reasonable temperature in passenger areas;
     (2) The operation of passenger-carrying vehicles, including driving rules, the loading and carrying of passengers, maximum daily hours of service by drivers, minimum age and skill of drivers, physical condition of drivers, refueling, road warning devices, and the transportation of gasoline and explosives;
     (3) The safety of passengers in a passenger-carrying vehicle, including emergency exits, fire extinguishers, first aid kits, facilities for communication between cab and rear compartments, means of ingress and egress, side walls, canopy, and tail gates or other means of retaining passengers within the passenger-carrying vehicle.

Sec. 241   RCW 81.61.030 and 1977 ex.s. c 2 s 3 are each amended to read as follows:
     Any rules or orders adopted under this chapter shall be subject to the requirements of, and enforceable by the penalties imposed by chapter 81.04 RCW. Any interested person or group may request notice of, and participate in any hearings or proceedings held pursuant to this chapter. The ((commission)) department of transportation shall conduct a hearing prior to the adoption of any rule or order under this chapter.

Sec. 242   RCW 81.61.040 and 1977 ex.s. c 2 s 4 are each amended to read as follows:
     The ((commission)) department of transportation may, in enforcing rules and orders under this chapter, inspect any passenger-carrying vehicle provided by a railroad company to transport employees in the course of their employment. Upon request, the chief of the state patrol may assist the ((commission)) department in these inspections.

Sec. 243   RCW 81.77.010 and 1989 c 431 s 17 are each amended to read as follows:
     As used in this chapter:
     (1) "Motor vehicle" means any truck, trailer, semitrailer, tractor, or any self-propelled or motor driven vehicle used upon any public highway of this state for the purpose of transporting solid waste, for the collection and/or disposal thereof;
     (2) "Public highway" means every street, road, or highway in this state;
     (3) "Common carrier" means any person who undertakes to transport solid waste, for the collection and/or disposal thereof, by motor vehicle for compensation, whether over regular or irregular routes, or regular or irregular schedules;
     (4) "Contract carrier" means all garbage and refuse transporters not included under the terms "common carrier" and "private carrier," as herein defined, and further, shall include any person who under special and individual contracts or agreements transports solid waste by motor vehicle for compensation;
     (5) "Private carrier" means a person who, in his or her own vehicle, transports solid waste purely as an incidental adjunct to some other established private business owned or operated by him or her in good faith: PROVIDED, That a person who transports solid waste from residential sources in a vehicle designed or used primarily for the transport of solid waste shall not constitute a private carrier;
     (6) "Vehicle" means every device capable of being moved upon a public highway and in, upon, or by which any solid waste is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rail or tracks;
     (7) "Solid waste collection company" means every person or his or her lessees, receivers, or trustees, owning, controlling, operating, or managing vehicles used in the business of transporting solid waste for collection and/or disposal for compensation, except septic tank pumpers, over any public highway in this state whether as a "common carrier" thereof or as a "contract carrier" thereof;
     (8) Solid waste collection does not include collecting or transporting recyclable materials from a drop-box or recycling buy-back center, nor collecting or transporting recyclable materials by or on behalf of a commercial or industrial generator of recyclable materials to a recycler for use or reclamation((. Transportation of these materials is regulated under chapter 81.80 RCW)); and
     (9) "Solid waste" means the same as defined under RCW 70.95.030, except for the purposes of this chapter solid waste does not include recyclable materials except for source separated recyclable materials collected from residences.

Sec. 244   RCW 81.77.040 and 2005 c 121 s 6 are each amended to read as follows:
     No solid waste collection company shall hereafter operate for the hauling of solid waste for compensation without first having obtained from the commission a certificate declaring that public convenience and necessity require such operation. A condition of operating a solid waste company in the unincorporated areas of a county shall be complying with the solid waste management plan prepared under chapter 70.95 RCW applicable in the company's franchise area.
     Issuance of the certificate of necessity shall be determined upon, but not limited to, the following factors: The present service and the cost thereof for the contemplated area to be served; an estimate of the cost of the facilities to be utilized in the plant for solid waste collection and disposal, sworn to before a notary public; a statement of the assets on hand of the person, firm, association, or corporation which will be expended on the purported plant for solid waste collection and disposal, sworn to before a notary public; a statement of prior experience, if any, in such field by the petitioner, sworn to before a notary public; and sentiment in the community contemplated to be served as to the necessity for such a service.
     When an applicant requests a certificate to operate in a territory already served by a certificate holder under this chapter, the commission may, after notice and an opportunity for a hearing, issue the certificate only if the existing solid waste collection company or companies serving the territory will not provide service to the satisfaction of the commission or if the existing solid waste collection company does not object.
     In all other cases, the commission may, with or without hearing, issue certificates, or for good cause shown refuse to issue them, or issue them for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted such terms and conditions as, in its judgment, the public convenience and necessity may require.
     Any right, privilege, certificate held, owned, or obtained by a solid waste collection company may be sold, assigned, leased, transferred, or inherited as other property, but only upon authorization by the commission.
     ((Any solid waste collection company which upon July 1, 1961 is operating under authority of a common carrier or contract carrier permit issued under the provisions of chapter 81.80 RCW shall be granted a certificate of necessity without hearing upon compliance with the provisions of this chapter. Such solid waste collection company which has paid the plate fee and gross weight fees required by chapter 81.80 RCW for the year 1961 shall not be required to pay additional like fees under the provisions of this chapter for the remainder of such year.))
     For purposes of issuing certificates under this chapter, the commission may adopt categories of solid wastes as follows: Garbage, refuse, recyclable materials, and demolition debris. A certificate may be issued for one or more categories of solid waste. Certificates issued on or before July 23, 1989, shall not be expanded or restricted by operation of this chapter.

Sec. 245   RCW 81.104.120 and 1993 c 428 s 2 are each amended to read as follows:
     (1) Transit agencies and regional transit authorities may operate or contract for commuter rail service where it is deemed to be a reasonable alternative transit mode. A reasonable alternative is one whose passenger costs per mile, including costs of trackage, equipment, maintenance, operations, and administration are equal to or less than comparable bus, entrained bus, trolley, or personal rapid transit systems.
     (2) A county may use funds collected under RCW 81.100.030 or 81.100.060 to contract with one or more transit agencies or regional transit authorities for planning, operation, and maintenance of commuter rail projects which: (a) Are consistent with the regional transportation plan; (b) have met the project planning and oversight requirements of RCW 81.104.100 and 81.104.110; and (c) have been approved by the voters within the service area of each transit agency or regional transit authority participating in the project. For transit agencies in counties adjoining state or international boundaries where the high capacity transportation system plan and financing plan propose a bi-state or international high capacity transportation system, such voter approval shall be required from only those voters residing within the service area in the state of Washington. The phrase "approved by the voters" includes specific funding authorization for the commuter rail project.
     (3) The ((utilities and)) transportation commission shall maintain safety responsibility for passenger rail service operating on freight rail lines. Agencies providing passenger rail service on lines other than freight rail lines shall maintain safety responsibility for that service.

Sec. 246   RCW 81.112.090 and 1992 c 101 s 9 are each amended to read as follows:
     Except in accordance with an agreement made as provided in this section, upon the date an authority begins high capacity transportation service, no person or private corporation may operate a high capacity transportation service within the authority boundary with the exception of services owned or operated by any corporation or organization solely for the purposes of the corporation or organization and for the use of which no fee or fare is charged.
     The authority and any person or corporation legally operating a high capacity transportation service wholly within or partly within and partly without the authority boundary on the date an authority begins high capacity transportation service may enter into an agreement under which such person or corporation may continue to operate such service or any part thereof for such time and upon such terms and conditions as provided in such agreement. Such agreement shall provide for a periodic review of the terms and conditions contained therein. Where any such high capacity transportation service will be required to cease to operate within the authority boundary, the authority may agree with the owner of such service to purchase the assets used in providing such service, or if no agreement can be reached, an authority shall condemn such assets in the manner and by the same procedure as is or may be provided by law for the condemnation of other properties for cities of the first class, except insofar as such laws may be inconsistent with this chapter.
     ((Wherever a privately owned public carrier operates wholly or partly within an authority boundary, the Washington utilities and transportation commission shall continue to exercise jurisdiction over such operation as provided by law.))

Sec. 247   RCW 82.08.0255 and 2005 c 443 s 5 are each amended to read as follows:
     (1) The tax levied by RCW 82.08.020 shall not apply to sales of motor vehicle and special fuel if:
     (a) The fuel is purchased for the purpose of public transportation and the purchaser is entitled to a refund or an exemption under RCW 82.36.275 or 82.38.080(3); or
     (b) The fuel is purchased by a private, nonprofit transportation provider ((certified under chapter 81.66 RCW)) exempt from taxation under section 501(c) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)), as amended, and the purchaser is entitled to a refund or an exemption under RCW 82.36.285 or 82.38.080(1)(h); or
     (c) The fuel is taxable under chapter 82.36 or 82.38 RCW.
     (2) Any person who has paid the tax imposed by RCW 82.08.020 on the sale of special fuel delivered in this state shall be entitled to a credit or refund of such tax with respect to fuel subsequently established to have been actually transported and used outside this state by persons engaged in interstate commerce. The tax shall be claimed as a credit or refunded through the tax reports required under RCW 82.38.150.

Sec. 248   RCW 82.12.0256 and 2005 c 443 s 6 are each amended to read as follows:
     The provisions of this chapter shall not apply in respect to the use of:
     (1) Special fuel purchased in this state upon which a refund is obtained as provided in RCW 82.38.180(2); and
     (2) Motor vehicle and special fuel if:
     (a) The fuel is used for the purpose of public transportation and the purchaser is entitled to a refund or an exemption under RCW 82.36.275 or 82.38.080(3); or
     (b) The fuel is purchased by a private, nonprofit transportation provider ((certified under chapter 81.66 RCW)) exempt from taxation under section 501(c) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)), as amended, and the purchaser is entitled to a refund or an exemption under RCW 82.36.285 or 82.38.080(1)(h); or
     (c) The fuel is taxable under chapter 82.36 or 82.38 RCW: PROVIDED, That the use of motor vehicle and special fuel upon which a refund of the applicable fuel tax is obtained shall not be exempt under this subsection (2)(c), and the director of licensing shall deduct from the amount of such tax to be refunded the amount of tax due under this chapter and remit the same each month to the department of revenue.

Sec. 249   RCW 82.14B.030 and 2002 c 341 s 8 and 2002 c 67 s 8 are each reenacted and amended to read as follows:
     (1) The legislative authority of a county may impose a county enhanced 911 excise tax on the use of switched access lines in an amount not exceeding fifty cents per month for each switched access line. The amount of tax shall be uniform for each switched access line. Each county shall provide notice of such tax to all local exchange companies serving in the county at least sixty days in advance of the date on which the first payment is due.
     (2) The legislative authority of a county may also impose a county enhanced 911 excise tax on the use of radio access lines whose place of primary use is located within the county in an amount not exceeding fifty cents per month for each radio access line. The amount of tax shall be uniform for each radio access line. The location of a radio access line is the customer's place of primary use as defined in RCW 82.04.065. The county shall provide notice of such tax to all radio communications service companies serving in the county at least sixty days in advance of the date on which the first payment is due. Any county imposing this tax shall include in its ordinance a refund mechanism whereby the amount of any tax ordered to be refunded by the judgment of a court of record, or as a result of the resolution of any appeal therefrom, shall be refunded to the radio communications service company or local exchange company that collected the tax, and those companies shall reimburse the subscribers who paid the tax. The ordinance shall further provide that to the extent the subscribers who paid the tax cannot be identified or located, the tax paid by those subscribers shall be returned to the county.
     (3) A state enhanced 911 excise tax is imposed on all switched access lines in the state. The amount of tax shall not exceed twenty cents per month for each switched access line. The tax shall be uniform for each switched access line. The tax imposed under this subsection shall be remitted to the department of revenue by local exchange companies on a tax return provided by the department. Tax proceeds shall be deposited by the treasurer in the enhanced 911 account created in RCW 38.52.540.
     (4) A state enhanced 911 excise tax is imposed on all radio access lines whose place of primary use is located within the state in an amount of twenty cents per month for each radio access line. The tax shall be uniform for each radio access line. The tax imposed under this section shall be remitted to the department of revenue by radio communications service companies, including those companies that resell radio access lines, on a tax return provided by the department. Tax proceeds shall be deposited by the treasurer in the enhanced 911 account created in RCW 38.52.540. The tax imposed under this section is not subject to the state sales and use tax or any local tax.
     (5) By August 31st of each year the state enhanced 911 coordinator shall recommend the level for the next year of the state enhanced 911 excise tax imposed by subsection (3) of this section, based on a systematic cost and revenue analysis, to the utilities ((and transportation)) commission. The commission shall by the following October 31st determine the level of the state enhanced 911 excise tax for the following year.

Sec. 250   RCW 82.14B.030 and 2002 c 341 s 8 are each amended to read as follows:
     (1) The legislative authority of a county may impose a county enhanced 911 excise tax on the use of switched access lines in an amount not exceeding fifty cents per month for each switched access line. The amount of tax shall be uniform for each switched access line. Each county shall provide notice of such tax to all local exchange companies serving in the county at least sixty days in advance of the date on which the first payment is due.
     (2) The legislative authority of a county may also impose a county enhanced 911 excise tax on the use of radio access lines whose place of primary use is located within the county in an amount not exceeding fifty cents per month for each radio access line. The amount of tax shall be uniform for each radio access line. The county shall provide notice of such tax to all radio communications service companies serving in the county at least sixty days in advance of the date on which the first payment is due. Any county imposing this tax shall include in its ordinance a refund mechanism whereby the amount of any tax ordered to be refunded by the judgment of a court of record, or as a result of the resolution of any appeal therefrom, shall be refunded to the radio communications service company or local exchange company that collected the tax, and those companies shall reimburse the subscribers who paid the tax. The ordinance shall further provide that to the extent the subscribers who paid the tax cannot be identified or located, the tax paid by those subscribers shall be returned to the county.
     (3) A state enhanced 911 excise tax is imposed on all switched access lines in the state. The amount of tax shall not exceed twenty cents per month for each switched access line. The tax shall be uniform for each switched access line. The tax imposed under this subsection shall be remitted to the department of revenue by local exchange companies on a tax return provided by the department. Tax proceeds shall be deposited by the treasurer in the enhanced 911 account created in RCW 38.52.540.
     (4) A state enhanced 911 excise tax is imposed on all radio access lines whose place of primary use is located within the state in an amount of twenty cents per month for each radio access line. The tax shall be uniform for each radio access line. The tax imposed under this section shall be remitted to the department of revenue by radio communications service companies, including those companies that resell radio access lines, on a tax return provided by the department. Tax proceeds shall be deposited by the treasurer in the enhanced 911 account created in RCW 38.52.540. The tax imposed under this section is not subject to the state sales and use tax or any local tax.
     (5) By August 31st of each year the state enhanced 911 coordinator shall recommend the level for the next year of the state enhanced 911 excise tax imposed by subsection (3) of this section, based on a systematic cost and revenue analysis, to the utilities ((and transportation)) commission. The commission shall by the following October 31st determine the level of the state enhanced 911 excise tax for the following year.

Sec. 251   RCW 82.16.010 and 1996 c 150 s 1 are each amended to read as follows:
     For the purposes of this chapter, unless otherwise required by the context:
     (1) "Railroad business" means the business of operating any railroad, by whatever power operated, for public use in the conveyance of persons or property for hire. It shall not, however, include any business herein defined as an urban transportation business.
     (2) (("Express business" means the business of carrying property for public hire on the line of any common carrier operated in this state, when such common carrier is not owned or leased by the person engaging in such business.
     (3))) "Railroad car business" means the business of operating stock cars, furniture cars, refrigerator cars, fruit cars, poultry cars, tank cars, sleeping cars, parlor cars, buffet cars, tourist cars, or any other kinds of cars used for transportation of property or persons upon the line of any railroad operated in this state when such railroad is not owned or leased by the person engaging in such business.
     (((4))) (3) "Water distribution business" means the business of operating a plant or system for the distribution of water for hire or sale.
     (((5))) (4) "Light and power business" means the business of operating a plant or system for the generation, production, or distribution of electrical energy for hire or sale and/or for the wheeling of electricity for others.
     (((6))) (5) "Telegraph business" means the business of affording telegraphic communication for hire.
     (((7))) (6) "Gas distribution business" means the business of operating a plant or system for the production or distribution for hire or sale of gas, whether manufactured or natural.
     (((8))) (7) "Motor transportation business" means the business (except urban transportation business) of operating any motor propelled vehicle by which persons or property of others are conveyed for hire, and includes, but is not limited to, the operation of any motor propelled vehicle as an auto transportation company (except urban transportation business)((, common carrier or contract carrier as defined by RCW 81.68.010 and 81.80.010: PROVIDED, That)) or motor carrier as defined in section 72 of this act. "Motor transportation business" ((shall not mean or)) does not include the transportation of logs or other forest products exclusively upon private roads or private highways.
     (((9))) (8) "Urban transportation business" means the business of operating any vehicle for public use in the conveyance of persons or property for hire, insofar as (a) operating entirely within the corporate limits of any city or town, or within five miles of the corporate limits thereof, or (b) operating entirely within and between cities and towns whose corporate limits are not more than five miles apart or within five miles of the corporate limits of either thereof. Included herein, but without limiting the scope hereof, is the business of operating passenger vehicles of every type and also the business of operating cartage, pickup, or delivery services, including in such services the collection and distribution of property arriving from or destined to a point within or without the state, whether or not such collection or distribution be made by the person performing a local or interstate line-haul of such property.
     (((10))) (9) "Public service business" means any of the businesses defined in ((subdivisions)) subsections (1)((, (2), (3), (4), (5), (6), (7), (8), and (9))) through (8) of this section or any business subject to control by the state, or having the powers of eminent domain and the duties incident thereto, or any business hereafter declared by the legislature to be of a public service nature, except telephone business as defined in RCW 82.04.065 and low-level radioactive waste site operating companies ((as redefined in RCW 81.04.010)) regulated under Title 80 RCW. It includes, among others, without limiting the scope hereof: Airplane transportation, boom, dock, ferry, pipeline, toll bridge, toll logging road, water transportation, and wharf businesses.
     (((11))) (10) "Tugboat business" means the business of operating tugboats, towboats, wharf boats, or similar vessels in the towing or pushing of vessels, barges, or rafts for hire.
     (((12))) (11) "Gross income" means the value proceeding or accruing from the performance of the particular public service or transportation business involved, including operations incidental thereto, but without any deduction on account of the cost of the commodity furnished or sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses.
     (((13))) (12) The meaning attributed, in chapter 82.04 RCW, to the term "tax year," "person," "value proceeding or accruing," "business," "engaging in business," "in this state," "within this state," "cash discount," and "successor" shall apply equally in the provisions of this chapter.

Sec. 252   RCW 82.16.055 and 1980 c 149 s 3 are each amended to read as follows:
     (1) In computing tax under this chapter there shall be deducted from the gross income:
     (a) An amount equal to the cost of production at the plant for consumption within the state of Washington of:
     (i) Electrical energy produced or generated from cogeneration ((as defined in RCW 82.35.020)); and
     (ii) Electrical energy or gas produced or generated from renewable energy resources such as solar energy, wind energy, hydroelectric energy, geothermal energy, wood, wood wastes, municipal wastes, agricultural products and wastes, and end-use waste heat; and
     (b) Those amounts expended to improve consumers' efficiency of energy end use or to otherwise reduce the use of electrical energy or gas by the consumer.
     (2) This section applies only to new facilities for the production or generation of energy from cogeneration or renewable energy resources or measures to improve the efficiency of energy end use on which construction or installation is begun after June 12, 1980, and before January 1, 1990.
     (3) Deductions under subsection (1)(a) of this section shall be allowed for a period not to exceed thirty years after the project is placed in operation.
     (4) Measures or projects encouraged under this section shall at the time they are placed in service be reasonably expected to save, produce, or generate energy at a total incremental system cost per unit of energy delivered to end use which is less than or equal to the incremental system cost per unit of energy delivered to end use from similarly available conventional energy resources which utilize nuclear energy or fossil fuels and which the gas or electric utility could acquire to meet energy demand in the same time period.
     (5) The department of revenue, after consultation with the utilities ((and transportation)) commission in the case of investor-owned utilities and the governing bodies of locally regulated utilities, shall determine the eligibility of individual projects and measures for deductions under this section.

Sec. 253   RCW 82.26.105 and 2005 c 180 s 6 are each amended to read as follows:
     (1) For the purposes of obtaining information concerning any matter relating to the administration or enforcement of this chapter, the department, the board, or any of its agents, may inspect the books, documents, or records of any person transporting tobacco products for sale to any person or entity in the state, and books, documents, or records containing any information relating to the transportation or possession of tobacco products for sale in the possession of a specific ((common)) motor carrier ((as defined in RCW 81.80.010)) doing business in this state.
     (2) If a person neglects or refuses to produce and submit for inspection any book, record, or document as required by this section when requested to do so by the department, the board, or its agent, then the department or the board may seek an order in superior court compelling production of the books, records, or documents.

Sec. 254   RCW 82.36.285 and 1996 c 244 s 5 are each amended to read as follows:
     A private, nonprofit transportation provider ((regulated under chapter 81.66 RCW)) exempt from taxation under section 501(c) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)), as amended, shall receive a refund of the amount of the motor vehicle fuel tax paid on each gallon of motor vehicle fuel used to provide transportation services for persons with special transportation needs, whether the vehicle fuel tax has been paid either directly to the vendor from whom the motor vehicle fuel was purchased or indirectly by adding the amount of the tax to the price of the fuel.

Sec. 255   RCW 82.38.080 and 1998 c 176 s 60 are each amended to read as follows:
     (1) There is exempted from the tax imposed by this chapter, the use of fuel for:
     (a) Street and highway construction and maintenance purposes in motor vehicles owned and operated by the state of Washington, or any county or municipality;
     (b) Publicly owned fire fighting equipment;
     (c) Special mobile equipment as defined in RCW 46.04.552;
     (d) Power pumping units or other power take-off equipment of any motor vehicle which is accurately measured by metering devices that have been specifically approved by the department or which is established by any of the following formulae:
     (i) Pumping propane, or fuel or heating oils or milk picked up from a farm or dairy farm storage tank by a power take-off unit on a delivery truck, at a rate determined by the department: PROVIDED, That claimant when presenting his or her claim to the department in accordance with this chapter, shall provide to the claim, invoices of propane, or fuel or heating oil delivered, or such other appropriate information as may be required by the department to substantiate his or her claim;
     (ii) Operating a power take-off unit on a cement mixer truck or a load compactor on a garbage truck at the rate of twenty-five percent of the total gallons of fuel used in such a truck; or
     (iii) The department is authorized to establish by rule additional formulae for determining fuel usage when operating other types of equipment by means of power take-off units when direct measurement of the fuel used is not feasible. The department is also authorized to adopt rules regarding the usage of on board computers for the production of records required by this chapter;
     (e) Motor vehicles owned and operated by the United States government;
     (f) Heating purposes;
     (g) Moving a motor vehicle on a public highway between two pieces of private property when said moving is incidental to the primary use of the motor vehicle;
     (h) Transportation services for persons with special transportation needs by a private, nonprofit transportation provider ((regulated under chapter 81.66 RCW)) exempt from taxation under section 501(c) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)), as amended;
     (i) Vehicle refrigeration units, mixing units, or other equipment powered by separate motors from separate fuel tanks; and
     (j) The operation of a motor vehicle as a part of or incidental to logging operations upon a highway under federal jurisdiction within the boundaries of a federal area if the federal government requires a fee for the privilege of operating the motor vehicle upon the highway, the proceeds of which are reserved for constructing or maintaining roads in the federal area, or requires maintenance or construction work to be performed on the highway for the privilege of operating the motor vehicle on the highway.
     (2) There is exempted from the tax imposed by this chapter the removal or entry of special fuel under the following circumstances and conditions:
     (a) If it is the removal from a terminal or refinery of, or the entry or sale of, a special fuel if all of the following apply:
     (i) The person otherwise liable for the tax is a licensee other than a dyed special fuel user or international fuel tax agreement licensee;
     (ii) For a removal from a terminal, the terminal is a licensed terminal; and
     (iii) The special fuel satisfies the dyeing and marking requirements of this chapter;
     (b) If it is an entry or removal from a terminal or refinery of taxable special fuel transferred to a refinery or terminal and the persons involved, including the terminal operator, are licensed; and
     (c)(i) If it is a special fuel that, under contract of sale, is shipped to a point outside this state by a supplier by means of any of the following:
     (A) Facilities operated by the supplier;
     (B) Delivery by the supplier to a carrier, customs broker, or forwarding agent, whether hired by the purchaser or not, for shipment to the out-of-state point;
     (C) Delivery by the supplier to a vessel clearing from port of this state for a port outside this state and actually exported from this state in the vessel.
     (ii) For purposes of this subsection (2)(c):
     (A) "Carrier" means a person or firm engaged in the business of transporting for compensation property owned by other persons, and includes both common and contract carriers; and
     (B) "Forwarding agent" means a person or firm engaged in the business of preparing property for shipment or arranging for its shipment.
     (3) Notwithstanding any provision of law to the contrary, every urban passenger transportation system and carriers ((as defined by chapters 81.68 and 81.70 RCW)) shall be exempt from the provisions of this chapter requiring the payment of special fuel taxes. For the purposes of this section "urban passenger transportation system" means every transportation system, publicly or privately owned, having as its principal source of revenue the income from transporting persons for compensation by means of motor vehicles and/or trackless trolleys, each having a seating capacity for over fifteen persons over prescribed routes in such a manner that the routes of such motor vehicles and/or trackless trolleys, either alone or in conjunction with routes of other such motor vehicles and/or trackless trolleys subject to routing by the same transportation system, shall not extend for a distance exceeding twenty-five road miles beyond the corporate limits of the county in which the original starting points of such motor vehicles are located: PROVIDED, That no refunds or credits shall be granted on special fuel used by any urban transportation vehicle or vehicle ((operated pursuant to chapters 81.68 and 81.70 RCW)) on any trip where any portion of said trip is more than twenty-five road miles beyond the corporate limits of the county in which said trip originated.

Sec. 256   RCW 84.12.230 and 1998 c 311 s 12 are each amended to read as follows:
     Each company doing business in this state shall annually on or before the 15th day of March, make and file with the department of revenue an annual report, in such manner, upon such form, and giving such information as the department may direct: PROVIDED, That the department, upon written request filed on or before such date and for good cause shown therein, may allow an extension of time for filing not to exceed sixty days. At the time of making such report each company shall also be required to furnish to the department the annual reports of the board of directors, or other officers to the stockholders of the company, duplicate copies of the annual reports made to any of the following entities that regulate the company: The interstate commerce commission or its successor agency ((and to)); the utilities ((and)) commission; the transportation commission; the department of transportation; or the department of licensing of this state; and duplicate copies of such other reports as the department may direct: PROVIDED, That the duplicate copies of these annual reports shall not be due until such time as they are due to the stockholders or commissioners.

Sec. 257   RCW 87.03.015 and 1999 c 153 s 74 are each amended to read as follows:
     Any irrigation district, operating and maintaining an irrigation system, in addition to other powers conferred by law, shall have authority:
     (1) To purchase and sell electric power to the inhabitants of the irrigation district for the purposes of irrigation and domestic use, to acquire, construct, and lease dams, canals, plants, transmission lines, and other power equipment and the necessary property and rights therefor and to operate, improve, repair, and maintain the same, for the generation and transmission of electrical energy for use in the operation of pumping plants and irrigation systems of the district and for sale to the inhabitants of the irrigation district for the purposes of irrigation and domestic use; and, as a further and separate grant of authority and in furtherance of a state purpose and policy of developing hydroelectric capability in connection with irrigation facilities, to construct, finance, acquire, own, operate, and maintain, alone or jointly with other irrigation districts, boards of control, other municipal or quasi-municipal corporations or cooperatives authorized to engage in the business of distributing electricity, or electrical companies subject to the jurisdiction of the utilities ((and transportation)) commission, hydroelectric facilities including but not limited to dams, canals, plants, transmission lines, other power equipment, and the necessary property and rights therefor, located within or outside the district, for the purpose of utilizing for the generation of electricity, water power made available by and as a part of the irrigation water storage, conveyance, and distribution facilities, waste ways, and drainage water facilities which serve irrigation districts, and to sell any and all the electric energy generated at any such hydroelectric facilities or the irrigation district's share of such energy, to municipal or quasi-municipal corporations and cooperatives authorized to engage in the business of distributing electricity, and electrical companies subject to the jurisdiction of the utilities ((and transportation)) commission, or to other irrigation districts, and on such terms and conditions as the board of directors shall determine, and to enter into contracts with other irrigation districts, boards of control, other municipal or quasi-municipal corporations and cooperatives authorized to engage in the business of distributing electricity, and electrical companies subject to the jurisdiction of the utilities ((and transportation)) commission: PROVIDED, That no contract entered into by the board of directors of any irrigation district for the sale of electrical energy from such hydroelectric facility for a period longer than forty years from the date of commercial operation of such hydroelectric facility shall be binding on the district until ratified by a majority vote of the electors of the district at an election therein, called, held, and canvassed for that purpose in the same manner as that provided by law for district bond elections.
     (2) To construct, repair, purchase, maintain, or lease a system for the sale or lease of water to the owners of irrigated lands within the district for domestic purposes.
     (3) To construct, repair, purchase, lease, acquire, operate, and maintain a system of drains, sanitary sewers, and sewage disposal or treatment plants as herein provided.
     (4) To assume, as principal or guarantor, any indebtedness to the United States under the federal reclamation laws, on account of district lands.
     (5) To maintain, repair, construct, and reconstruct ditches, laterals, pipelines, and other water conduits used or to be used in carrying water for irrigation of lands located within the boundaries of a city or town or for the domestic use of the residents of a city or town where the owners of land within such city or town shall use such works to carry water to the boundaries of such city or town for irrigation, domestic, or other purposes within such city or town, and to charge to such city or town the pro rata proportion of the cost of such maintenance, repair, construction, and reconstruction work in proportion to the benefits received by the lands served and located within the boundaries of such city or town, and if such cost is not paid, then and in that event said irrigation district shall have the right to prevent further water deliveries through such works to the lands located within the boundaries of such city or town until such charges have been paid.
     (6) To acquire, install, and maintain as a part of the irrigation district's water system the necessary water mains and fire hydrants to make water available for fire fighting purposes; and in addition any such irrigation district shall have the authority to repair, operate, and maintain such hydrants and mains.
     (7) To enter into contracts with other irrigation districts, boards of control, municipal or quasi-municipal corporations and cooperatives authorized to engage in the business of distributing electricity, and electrical companies subject to the jurisdiction of the utilities ((and transportation)) commission to jointly acquire, construct, own, operate, and maintain irrigation water, domestic water, drainage and sewerage works, and electrical power works to the same extent as authorized by subsection (1) of this section, or portions of such works.
     (8) To acquire from a water-sewer district wholly within the irrigation district's boundaries, by a conveyance without cost, the water-sewer district's water system and to operate the same to provide water for the domestic use of the irrigation district residents. As a part of its acceptance of the conveyance the irrigation district must agree to relieve the water-sewer district of responsibility for maintenance and repair of the system. Any such water-sewer district is authorized to make such a conveyance if all indebtedness of the water-sewer district, except local improvement district bonds, has been paid and the conveyance has been approved by a majority of the water-sewer district's voters voting at a general or special election.
     This section shall not be construed as in any manner abridging any other powers of an irrigation district conferred by law.

Sec. 258   RCW 87.03.115 and 1983 c 262 s 1 are each amended to read as follows:
     The directors of the district shall organize as a board and shall elect a president from their number, and appoint a secretary, who shall keep a record of their proceedings. The office of the directors and principal place of business of the district shall be at some place in the county in which the organization was effected, to be designated by the directors. The directors serving districts of five thousand acres or more shall hold a regular monthly meeting at their office on the first Tuesday in every month, or on such other day in each month as the board shall direct in its bylaws, and may adjourn any meeting from time to time as may be required for the proper transaction of business. Directors serving districts of less than five thousand acres shall hold at least quarterly meetings on a day designated by the board's bylaws, and may adjourn any meeting from time to time as may be required for the proper transaction of business. Special meetings shall be called and conducted in the manner required by chapter 42.30 RCW. All meetings of the directors must be public. A majority of the directors shall constitute a quorum for the transaction of business, and in all matters requiring action by the board there shall be a concurrence of at least a majority of the directors. All records of the board shall be open to the inspection of any electors during business hours. The board shall have the power, and it shall be its duty, to adopt a seal of the district, to manage and conduct the business and affairs of the district, to make and execute all necessary contracts, to employ and appoint such agents, officers, and employees as may be necessary and prescribe their duties, and to establish equitable bylaws, rules, and regulations for the government and management of the district, and for the equitable distribution of water to the lands within the district, upon the basis of the beneficial use thereof, and generally to perform all such acts as shall be necessary to fully carry out the provisions of this chapter: PROVIDED, That all water, the right to the use of which is acquired by the district under any contract with the United States, shall be distributed and apportioned by the district in accordance with the acts of congress, and rules and regulations of the secretary of the interior until full reimbursement has been made to the United States, and in accordance with the provisions of said contract in relation thereto. The bylaws, rules, and regulations must be on file and open to inspection of any elector during regular business hours. All leases, contracts, or other form of holding any interest in any state or other public lands shall be, and the same are hereby declared to be title to and evidence of title to lands and for all purposes within ((this act)) section 5, chapter 129, Laws of 1921, shall be treated as the private property of the lessee or owner of the contractual or possessory interest: PROVIDED, That nothing in this section shall be construed to affect the title of the state or other public ownership, nor shall any lien for such assessment attach to the fee simple title of the state or other public ownership. The board of directors shall have authority to develop and to sell, lease, or rent the use of: (1) Water derived from the operation of the district water facilities to such municipal and quasi municipal entities, the state of Washington, and state entities and agencies, public and private corporations, and individuals located within and outside the boundaries of the district and on such terms and conditions as the board of directors shall determine; and (2) power derived from hydroelectric facilities authorized by RCW 87.03.015(1) as now or hereafter amended, to such municipal or quasi municipal corporations and cooperatives authorized to engage in the business of distributing electricity, electrical companies subject to the jurisdiction of the utilities ((and transportation)) commission, and other irrigation districts and on such terms and conditions as the board of directors shall determine: PROVIDED, No water shall be furnished for use outside of said district until all demands and requirements for water for use in said district are furnished and supplied by said district: AND PROVIDED FURTHER, That as soon as any public lands situated within the limits of the district shall be acquired by any private person, or held under any title of private ownership, the owner thereof shall be entitled to receive his or her proportion of water as in case of other land owners, upon payment by ((him)) the owner of such sums as shall be determined by the board, and at the time to be fixed by the board, which sums shall be such equitable amount as such lands should pay having regard to placing said lands on the basis of equality with other lands in the district as to benefits received, and giving credit if equitable for any sums paid as water rent by the occupant of said lands prior to the vesting of private ownership, and such lands shall also become subject to all taxes and assessments of the district thereafter imposed.

Sec. 259   RCW 87.03.137 and 1979 ex.s. c 185 s 4 are each amended to read as follows:
     For the purpose of developing hydroelectric generation capabilities in connection with irrigation facilities, the board of directors of an irrigation district shall have the power, in accordance with procedures provided in this chapter, to acquire, either by purchase or condemnation, or other legal means, all lands, waters, water rights, and other property located within or outside the boundaries of the district necessary for the construction, use, supply, maintenance, repair, or improvement of hydroelectric facilities to the extent authorized by RCW 87.03.015(1), as now or hereafter amended.
     Irrigation districts are prohibited from condemning: (1) Any hydroelectric power plants, hydroelectric power sites, power lines or other power facilities or any lands, water rights, or other property of municipal and quasi municipal corporations, cooperatives authorized to engage in the business of distributing electricity, and electrical companies subject to the jurisdiction of the utilities ((and transportation)) commission; and (2) water rights held by private individual landowners where such waters are being put to beneficial use.

Sec. 260   RCW 87.03.828 and 1983 c 47 s 2 are each amended to read as follows:
     One or more irrigation districts and any combination of cities, towns, or public utility districts may create a separate legal authority to construct, finance, acquire, own, operate, and maintain hydroelectric facilities including, but not limited to, dams, canals, plants, transmission lines, other power equipment, and the necessary property and property rights therefor, located within or outside the boundaries of the entities creating the authority, for the purpose of utilizing for the generation of electricity water power made available by and as a part of the irrigation water storage, conveyance, and distribution facilities, wasteways, and drainage water facilities which serve or may in the future serve irrigation districts, and to sell by contract on such terms and conditions as deemed appropriate by the legislative body of the authority the electric power and energy created by or generated at such hydroelectric facilities to municipal or quasi municipal corporations or cooperatives authorized to engage in the business of distributing electricity, electrical companies subject to the jurisdiction of the utilities ((and transportation)) commission, or irrigation districts. Any authority so created shall have the same powers and only those powers granted to irrigation districts by chapter 185, Laws of 1979 ex. sess. and has such additional powers relating to its organization, right to contract in its own name, and general ability to exist and function as a separate legal authority as deemed appropriate by the entities creating it. The authority shall be created and organized by contract in the manner described in chapter 39.34 RCW and shall be a separate legal entity capable of exercising in its own name the powers granted it. No provision of chapter 39.34 RCW or any other provision of law may be interpreted to require the entities creating the authority to submit the contract creating the authority to any state, county, or municipal officer, entity, agency, or board for approval or disapproval.

Sec. 261   RCW 87.03.840 and 1983 c 47 s 3 are each amended to read as follows:
     This chapter supplements and neither restricts nor limits any powers which a city, town, public utility district, or irrigation district might otherwise have under any laws of this state, except that no such authority created by RCW 87.03.828 and no city, town, or public utility district member of an authority may condemn for the benefit of the authority any plant, works, dam, facility, right, or property owned by any city, town, irrigation district, public utility district, or electrical company subject to the jurisdiction of the utilities ((and transportation)) commission.

Sec. 262   RCW 88.16.190 and 1994 c 52 s 1 are each amended to read as follows:
     (1) Any oil tanker, whether enrolled or registered, of greater than one hundred and twenty-five thousand deadweight tons shall be prohibited from proceeding beyond a point east of a line extending from Discovery Island light south to New Dungeness light.
     (2) An oil tanker, whether enrolled or registered, of forty to one hundred and twenty-five thousand deadweight tons may proceed beyond the points enumerated in subsection (1) if such tanker possesses all of the following standard safety features:
     (a) Shaft horsepower in the ratio of one horsepower to each two and one-half deadweight tons; and
     (b) Twin screws; and
     (c) Double bottoms, underneath all oil and liquid cargo compartments; and
     (d) Two radars in working order and operating, one of which must be collision avoidance radar; and
     (e) Such other navigational position location systems as may be prescribed from time to time by the board of pilotage commissioners:
     PROVIDED, That, if such forty to one hundred and twenty-five thousand deadweight ton tanker is in ballast or is under escort of a tug or tugs with an aggregate shaft horsepower equivalent to five percent of the deadweight tons of that tanker, subsection (2) of this section shall not apply: PROVIDED FURTHER, That additional tug shaft horsepower equivalencies may be required under certain conditions as established by rule ((and regulation of the Washington utilities and transportation commission pursuant to chapter 34.05 RCW)) by a duly authorized state agency: PROVIDED FURTHER, That a tanker assigned a deadweight of less than forty thousand deadweight tons at the time of construction or reconstruction as reported in Lloyd's Register of Ships is not subject to the provisions of RCW 88.16.170 through 88.16.190.

NEW SECTION.  Sec. 263   (1) All powers, duties, and functions of the utilities and transportation commission pertaining to driver or operator safety and insurance coverage requirements for motor carriers, household goods carriers, solid waste companies, private ferries, excursion charter and special needs transportation providers, and airport shuttle and bus service providers are transferred to the department of licensing.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of licensing. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the utilities and transportation commission in carrying out the powers, functions, and duties transferred shall be made available to the department of licensing. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of licensing.
     (b) Any appropriations made to the utilities and transportation commission for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of licensing.
     (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All rules and all pending business before the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of licensing. All existing contracts and obligations shall remain in full force and shall be performed by the department of licensing.
     (4) The transfer of the powers, duties, functions, and personnel of the utilities and transportation commission shall not affect the validity of any act performed before the effective date of this section.
     (5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
     (6) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel resources board as provided by law.

NEW SECTION.  Sec. 264   (1) All powers, duties, and functions of the utilities and transportation commission pertaining to establishing equipment standards, inspecting vehicles, and reporting violations of equipment standards of motor carriers, household goods carriers, solid waste companies, excursion charter and special needs transportation providers, and airport shuttle and bus service providers are transferred to the Washington state patrol.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the Washington state patrol. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the utilities and transportation commission in carrying out the powers, functions, and duties transferred shall be made available to the Washington state patrol. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the Washington state patrol.
     (b) Any appropriations made to the utilities and transportation commission for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the Washington state patrol.
     (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All rules and all pending business before the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the Washington state patrol. All existing contracts and obligations shall remain in full force and shall be performed by the Washington state patrol.
     (4) The transfer of the powers, duties, functions, and personnel of the utilities and transportation commission shall not affect the validity of any act performed before the effective date of this section.
     (5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
     (6) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel resources board as provided by law.

NEW SECTION.  Sec. 265   (1) All powers, duties, and functions of the utilities and transportation commission pertaining to the safety and economic regulation of railroads when not preempted by federal law are transferred to the transportation commission.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the transportation commission. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the utilities and transportation commission in carrying out the powers, functions, and duties transferred shall be made available to the transportation commission. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the transportation commission.
     (b) Any appropriations made to the utilities and transportation commission for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the transportation commission.
     (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All rules and all pending business before the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the transportation commission. All existing contracts and obligations shall remain in full force and shall be performed by the transportation commission.
     (4) The transfer of the powers, duties, functions, and personnel of the utilities and transportation commission shall not affect the validity of any act performed before the effective date of this section.
     (5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
     (6) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel resources board as provided by law.

NEW SECTION.  Sec. 266   (1) All powers, duties, and functions of the utilities and transportation commission pertaining to the regulation of supplying utility services or commodities to the public for compensation, electrical companies, gas companies, irrigation companies, telecommunications companies, water companies, solid waste collection companies, household goods carriers, pipeline companies, gas pipeline companies, and low-level radioactive waste sites are transferred to the utilities commission.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the utilities commission. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the utilities and transportation commission in carrying out the powers, functions, and duties transferred shall be made available to the utilities commission. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the utilities commission.
     (b) Any appropriations made to the utilities and transportation commission for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the utilities commission.
     (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All rules and all pending business before the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the utilities commission. All existing contracts and obligations shall remain in full force and shall be performed by the utilities commission.
     (4) The transfer of the powers, duties, functions, and personnel of the utilities and transportation commission shall not affect the validity of any act performed before the effective date of this section.
     (5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
     (6) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel resources board as provided by law.

NEW SECTION.  Sec. 267   RCW 46.32.080, 46.32.100, 81.77.010, 81.77.015, 81.77.020, 81.77.0201, 81.77.030, 81.77.040, 81.77.050, 81.77.060, 81.77.070, 81.77.080, 81.77.090, 81.77.100, 81.77.110, 81.77.120, 81.77.130, 81.77.140, 81.77.160, 81.77.170, 81.77.180, 81.77.185, and 81.77.190 are each recodified as sections in a new chapter in Title 80 RCW.

NEW SECTION.  Sec. 268   RCW 81.88.005, 81.88.010, 81.88.020, 81.88.030, 81.88.040, 81.88.050, 81.88.060, 81.88.070, 81.88.080, 81.88.090, 81.88.100, 81.88.110, 81.88.140, 81.88.150, 81.88.900, 81.88.901, and 81.88.902 are each recodified as sections in a new chapter in Title 80 RCW.

NEW SECTION.  Sec. 269   RCW 81.108.010, 81.108.020, 81.108.030, 81.108.040, 81.108.050, 81.108.060, 81.108.070, 81.108.080, 81.108.090, 81.108.100, 81.108.110, 81.108.900, and 81.108.901 are each recodified as sections in a new chapter in Title 80 RCW.

NEW SECTION.  Sec. 270   The following acts or parts of acts are each repealed:
     (1) RCW 19.27A.035 (Payments by electric utilities to owners of residential buildings -- Recovery of expenses -- Effect of Pacific Northwest electric power planning and conservation act -- Expiration of subsections) and 1993 c 64 s 2 & 1990 c 2 s 4;
     (2) RCW 36.54.180 (County ferry districts -- Not subject to Washington utilities and transportation commission) and 2003 c 83 s 308;
     (3) RCW 49.17.350 (Flaggers) and 2000 c 239 s 2;
     (4) RCW 70.95.900 (Authority and responsibility of utilities and transportation commission not changed) and 1969 ex.s. c 134 s 27;
     (5) RCW 81.01.010 (Adoption of provisions of chapter 80.01 RCW) and 1961 c 14 s 81.01.010;
     (6) RCW 81.24.020 (Fees of auto transportation companies -- Statement filing) and 2003 c 296 s 3, 1997 c 215 s 1, & 1961 c 14 s 81.24.020;
     (7) RCW 81.24.030 (Fees of every commercial ferry -- Statement filing) and 2003 c 296 s 4, 1993 c 427 s 10, 1981 c 13 s 5, & 1961 c 14 s 81.24.030;
     (8) RCW 81.24.090 (Pipeline safety fee -- Reports -- Procedure to contest fees -- Regulatory incentive program) and 2001 c 238 s 3;
     (9) RCW 81.40.010 (Full train crews -- Passenger -- Safety review--Penalty -- Enforcement) and 2003 c 53 s 386, 1992 c 102 s 1, & 1961 c 14 s 81.40.010;
     (10) RCW 81.40.095 (Rules and regulations -- Railroad employees--Sanitation, shelter) and 1961 c 14 s 81.40.095;
     (11) RCW 81.44.096 (Cabooses -- Stanchions, grab handles, or bars, installation -- Edges and protrusions rounded -- Seat backs, standard) and 1969 ex.s. c 116 s 6;
     (12) RCW 81.44.098 (Cabooses -- No violation when move in service if correction made at first available point -- Temporary exemption, procedure, limitations) and 1969 ex.s. c 116 s 10;
     (13) RCW 81.44.099 (Cabooses -- Regulation and enforcement--Regulations for) and 1969 ex.s. c 116 s 13;
     (14) RCW 81.66.010 (Definitions) and 1996 c 244 s 1 & 1979 c 111 s 4;
     (15) RCW 81.66.020 (Private, nonprofit transportation provider required to operate in accordance with this chapter) and 1979 c 111 s 5;
     (16) RCW 81.66.030 (Authority of commission) and 1998 c 173 s 4 & 1979 c 111 s 6;
     (17) RCW 81.66.040 (Certificate required -- Application--Transferability -- Carried in vehicle) and 1979 c 111 s 7;
     (18) RCW 81.66.050 (Insurance or bond required) and 1979 c 111 s 8;
     (19) RCW 81.66.060 (Suspension, revocation, or alteration of certificate) and 2005 c 121 s 1 & 1979 c 111 s 9;
     (20) RCW 81.68.010 (Definitions) and 1989 c 163 s 1, 1984 c 166 s 1, 1979 c 111 s 16, 1975-'76 2nd ex.s. c 121 s 1, 1969 ex.s. c 210 s 10, & 1961 c 14 s 81.68.010;
     (21) RCW 81.68.015 (Application of chapter restricted) and 1989 c 163 s 2 & 1984 c 166 s 2;
     (22) RCW 81.68.020 (Compliance with chapter required) and 1989 c 163 s 3, 1984 c 166 s 3, & 1961 c 14 s 81.68.020;
     (23) RCW 81.68.030 (Regulation by commission) and 2005 c 121 s 2, 1989 c 163 s 4, 1984 c 166 s 4, & 1961 c 14 s 81.68.030;
     (24) RCW 81.68.040 (Certificate of convenience and necessity) and 2005 c 121 s 3 & 1961 c 14 s 81.68.040;
     (25) RCW 81.68.046 (Temporary certificates) and 2005 c 121 s 8;
     (26) RCW 81.68.050 (Filing fees) and 1973 c 115 s 5 & 1961 c 14 s 81.68.050;
     (27) RCW 81.68.060 (Liability and property damage insurance -- Surety bond) and 1989 c 163 s 5, 1984 c 166 s 6, 1977 ex.s. c 298 s 1, & 1961 c 14 s 81.68.060;
     (28) RCW 81.68.065 (Self-insurers -- Exemptions as to insurance or bond) and 1961 c 14 s 81.68.065;
     (29) RCW 81.68.070 (Public service law invoked) and 1971 c 81 s 146 & 1961 c 14 s 81.68.070;
     (30) RCW 81.68.080 (Penalty) and 2003 c 53 s 398, 1979 ex.s. c 136 s 106, & 1961 c 14 s 81.68.080;
     (31) RCW 81.68.090 (Scope of chapter) and 1961 c 14 s 81.68.090;
     (32) RCW 81.70.010 (Business affected with the public interest--Declaration of purpose) and 1965 c 150 s 2;
     (33) RCW 81.70.020 (Definitions) and 1989 c 163 s 6, 1988 c 30 s 1, 1969 c 132 s 1, & 1965 c 150 s 3;
     (34) RCW 81.70.030 (Exclusions) and 1989 c 283 s 17 & 1965 c 150 s 4;
     (35) RCW 81.70.220 (Certificate or registration required) and 1989 c 163 s 7 & 1988 c 30 s 2;
     (36) RCW 81.70.230 (Certificates -- Application, issuance, safety fitness, financial responsibility) and 1988 c 30 s 3;
     (37) RCW 81.70.240 (Certificates -- Transfer restricted) and 1988 c 30 s 4;
     (38) RCW 81.70.250 (Certificates -- Grounds for cancellation, etc.) and 1989 c 163 s 8 & 1988 c 30 s 5;
     (39) RCW 81.70.260 (Unlawful operation after certificate or registration canceled, etc.) and 1989 c 163 s 9 & 1988 c 30 s 6;
     (40) RCW 81.70.270 (Scope of regulation) and 1989 c 163 s 10 & 1988 c 30 s 7;
     (41) RCW 81.70.280 (Insurance or bond for liability and property damage) and 1989 c 163 s 11 & 1988 c 30 s 8;
     (42) RCW 81.70.290 (Self-insurers) and 1989 c 163 s 12 & 1988 c 30 s 9;
     (43) RCW 81.70.300 (Authority of commission and courts) and 1988 c 30 s 10;
     (44) RCW 81.70.310 (Application of Title 81 RCW) and 1988 c 30 s 11;
     (45) RCW 81.70.320 (Fees -- Amounts, deposit) and 1989 c 163 s 13 & 1988 c 30 s 12;
     (46) RCW 81.70.330 (Vehicle identification) and 1989 c 163 s 14 & 1988 c 30 s 13;
     (47) RCW 81.70.340 (Interstate or foreign carriers) and 1989 c 163 s 15 & 1988 c 30 s 14;
     (48) RCW 81.70.350 (Annual regulatory fee -- Delinquent fee payments) and 1994 c 83 s 3, 1989 c 163 s 16, & 1988 c 30 s 15;
     (49) RCW 81.70.360 (Excursion service companies -- Certificate) and 1984 c 166 s 5;
     (50) RCW 81.80.010 (Definitions) and 1989 c 60 s 1, 1988 c 31 s 1, 1982 c 71 s 1, 1967 c 69 s 1, & 1961 c 14 s 81.80.010;
     (51) RCW 81.80.020 (Declaration of policy) and 1961 c 14 s 81.80.020;
     (52) RCW 81.80.030 (Hidden transportation charges) and 1961 c 14 s 81.80.030;
     (53) RCW 81.80.040 (Exempt vehicles) and 1993 c 121 s 4, 1984 c 171 s 1, 1979 ex.s. c 6 s 1, 1963 c 59 s 7, & 1961 c 14 s 81.80.040;
     (54) RCW 81.80.045 (Exemption -- Freight consolidators) and 1979 ex.s. c 138 s 1;
     (55) RCW 81.80.050 (Compliance required) and 1961 c 14 s 81.80.050;
     (56) RCW 81.80.060 (Combination of services) and 1969 ex.s. c 210 s 17 & 1969 c 33 s 1;
     (57) RCW 81.80.070 (Grant or denial of permit -- Cease and desist orders -- Penalty) and 1999 c 79 s 1, 1963 c 242 s 1, & 1961 c 14 s 81.80.070;
     (58) RCW 81.80.080 (Application for permit) and 1991 c 41 s 1 & 1961 c 14 s 81.80.080;
     (59) RCW 81.80.090 (Form of application -- Filing fees) and 1993 c 97 s 5, 1973 c 115 s 10, & 1961 c 14 s 81.80.090;
     (60) RCW 81.80.100 (Form and contents of permit) and 1961 c 14 s 81.80.100;
     (61) RCW 81.80.110 (Limitation on renewal of application) and 1961 c 14 s 81.80.110;
     (62) RCW 81.80.115 (Fees imposed under this chapter--Procedure for contesting--Rules) and 1993 c 97 s 6;
     (63) RCW 81.80.120 (Classification of carriers) and 1961 c 14 s 81.80.120;
     (64) RCW 81.80.130 (Regulatory power of commission over common carriers) and 1961 c 14 s 81.80.130;
     (65) RCW 81.80.132 (Common carriers--Estimate of charges for household goods--Penalty) and 1993 c 392 s 1;
     (66) RCW 81.80.140 (Regulatory power over contract carriers) and 1961 c 14 s 81.80.140;
     (67) RCW 81.80.150 (Tariffs to be compiled and sold by commission) and 1993 c 97 s 4, 1981 c 116 s 2, 1973 c 115 s 11, & 1961 c 14 s 81.80.150;
     (68) RCW 81.80.170 (Temporary permits) and 1963 c 242 s 2 & 1961 c 14 s 81.80.170;
     (69) RCW 81.80.175 (Permits for farm to market hauling) and 1963 c 242 s 5;
     (70) RCW 81.80.190 (Insurance or deposit of security) and 1986 c 191 s 5 & 1961 c 14 s 81.80.190;
     (71) RCW 81.80.195 (Liability insurance requirements exclusive) and 1989 c 264 s 2;
     (72) RCW 81.80.200 (Conditions may be attached to permits) and 1961 c 14 s 81.80.200;
     (73) RCW 81.80.211 (Hours of operators -- Rules and regulations) and 1961 c 14 s 81.80.211;
     (74) RCW 81.80.220 (Tariff rates must be charged) and 1961 c 14 s 81.80.220;
     (75) RCW 81.80.230 (Penalty for rebating -- Procedures for collection) and 1980 c 132 s 2 & 1961 c 14 s 81.80.230;
     (76) RCW 81.80.240 (Joint through rates) and 1961 c 14 s 81.80.240;
     (77) RCW 81.80.250 (Bond to protect shippers and consignees) and 1961 c 14 s 81.80.250;
     (78) RCW 81.80.260 (Operation in more than one class) and 1967 c 69 s 3 & 1961 c 14 s 81.80.260;
     (79) RCW 81.80.270 (Permits -- Transfer -- Assignment -- Acquisition of carrier holding permit -- Commission approval -- Duties on cessation of operation) and 1973 c 115 s 12, 1969 ex.s. c 210 s 12, 1965 ex.s. c 134 s 1, 1963 c 59 s 6, & 1961 c 14 s 81.80.270;
     (80) RCW 81.80.272 (Transfer of decedent's interest -- Temporary continuance of operations) and 1973 c 115 s 13 & 1965 ex.s. c 134 s 2;
     (81) RCW 81.80.280 (Cancellation of permits) and 1987 c 209 s 1 & 1961 c 14 s 81.80.280;
     (82) RCW 81.80.290 (Rules and regulations) and 1961 c 14 s 81.80.290;
     (83) RCW 81.80.301 (Registration of motor carriers doing business in state -- Identification number -- Receipt carried in cab -- Fees) and 1993 c 97 s 1;
     (84) RCW 81.80.305 (Markings required -- Exemptions) and 1991 c 241 s 1;
     (85) RCW 81.80.312 (Interchange of trailers, semitrailers, or power units -- Interchange agreement, approval, restrictions -- Procedure when no agreement) and 1969 ex.s. c 210 s 16, 1967 c 170 s 2, & 1961 c 14 s 81.80.312;
     (86) RCW 81.80.318 (Single trip transit permit) and 1993 c 97 s 2, 1985 c 7 s 153, 1967 c 170 s 3, 1963 c 59 s 8, & 1961 c 14 s 81.80.318;
     (87) RCW 81.80.321 (Regulatory fee -- Based on gross income--Legislative intent -- Delinquent fee payments -- Public service revolving fund) and 1994 c 83 s 4 & 1993 c 97 s 3;
     (88) RCW 81.80.330 (Enforcement of chapter) and 1995 c 272 s 5, 1980 c 132 s 3, & 1961 c 14 s 81.80.330;
     (89) RCW 81.80.340 (Public service law invoked) and 1971 c 81 s 147 & 1961 c 14 s 81.80.340;
     (90) RCW 81.80.345 (Venue -- Hearings on applications) and 1988 c 58 s 1 & 1963 c 242 s 3;
     (91) RCW 81.80.346 (Venue -- Appeals from rulings and orders) and 1963 c 242 s 4;
     (92) RCW 81.80.355 (Unlawful advertising -- Penalty) and 1961 c 14 s 81.80.355;
     (93) RCW 81.80.357 (Advertising -- Household goods -- Permit number required -- Penalty) and 1994 c 168 s 1;
     (94) RCW 81.80.360 (Procedure -- Penalties -- General statute invoked) and 1961 c 14 s 81.80.360;
     (95) RCW 81.80.370 (Application to interstate commerce) and 1961 c 14 s 81.80.370;
     (96) RCW 81.80.371 (Carriers must register authority from interstate commerce commission) and 1963 c 59 s 9;
     (97) RCW 81.80.375 (Fee when federal requirements necessitate uniform forms evidencing interstate operations) and 1971 ex.s. c 143 s 6;
     (98) RCW 81.80.380 (Cooperation with federal government) and 1961 c 14 s 81.80.380;
     (99) RCW 81.80.381 (Regulation pursuant to act of congress or agreement with interstate commerce commission) and 1963 c 59 s 10;
     (100) RCW 81.80.391 (Reciprocity -- Apportionment of regulatory fees) and 1961 c 14 s 81.80.391;
     (101) RCW 81.80.395 (Idaho vehicles exempt -- Reciprocity) and 2005 c 319 s 135 & 1988 c 138 s 1;
     (102) RCW 81.80.400 (Commercial zones and terminal areas -- Common carriers with existing business within zone -- Persons seeking to serve as common carriers after designation) and 1982 c 71 s 2 & 1972 ex.s. c 22 s 1;
     (103) RCW 81.80.410 (Commercial zones and terminal areas -- Common carriers with existing general freight authority) and 1982 c 71 s 3 & 1972 ex.s. c 22 s 2;
     (104) RCW 81.80.420 (Commercial zones and terminal areas -- Expansion by commission) and 1982 c 71 s 4;
     (105) RCW 81.80.430 (Brokers and forwarders) and 1991 c 146 s 1, 1990 c 109 s 1, 1989 c 60 s 2, & 1988 c 31 s 2;
     (106) RCW 81.80.440 (Recovered materials transportation -- When permit required -- Rate regulation exemption -- Definitions) and 1991 c 148 s 1 & 1990 c 123 s 1;
     (107) RCW 81.80.450 (Recovered materials transportation -- Evaluation of rate regulation exemption -- Required information -- Rules) and 1998 c 245 s 167, 1995 c 399 s 212, & 1990 c 123 s 2;
     (108) RCW 81.80.460 (Recovered materials transportation--Construction) and 1990 c 123 s 3;
     (109) RCW 81.84.010 (Certificate of convenience and necessity required--Progress reports) and 2003 c 373 s 4, 2003 c 83 s 211, 1993 c 427 s 2, & 1961 c 14 s 81.84.010;
     (110) RCW 81.84.020 (Application -- Hearing -- Issuance of certificate--Determining factors) and 2006 c 332 s 11;
     (111) RCW 81.84.025 (Certificate--Insurance or bond required--Amounts) and 1993 c 427 s 4;
     (112) RCW 81.84.030 (Certificate -- Transfer) and 1993 c 427 s 5 & 1961 c 14 s 81.84.030;
     (113) RCW 81.84.040 (Filing fees) and 1973 c 115 s 14 & 1961 c 14 s 81.84.040;
     (114) RCW 81.84.050 (Penalties -- Remission, mitigation) and 1993 c 427 s 6 & 1961 c 14 s 81.84.050;
     (115) RCW 81.84.060 (Certificate--Grounds for cancellation, revocation, suspension, alteration, or amendment) and 2003 c 373 s 6, 2003 c 83 s 213, & 1993 c 427 s 7; and
     (116) RCW 81.84.070 (Temporary certificate--Immediate and urgent need) and 1993 c 427 s 8.

NEW SECTION.  Sec. 271   Section 59 of this act expires July 1, 2013.

NEW SECTION.  Sec. 272   Section 60 of this act takes effect July 1, 2013.

NEW SECTION.  Sec. 273   Sections 72 through 80 of this act constitute a new chapter in Title 46 RCW.

NEW SECTION.  Sec. 274   Sections 151 through 154 of this act constitute a new chapter in Title 80 RCW.

NEW SECTION.  Sec. 275   Sections 155 through 157 of this act constitute a new chapter in Title 80 RCW.

NEW SECTION.  Sec. 276   Sections 188 through 191 of this act constitute a new chapter in Title 81 RCW.

NEW SECTION.  Sec. 277   Section 249 of this act expires on the date that section 253 of this act takes effect.

NEW SECTION.  Sec. 278   Section 250 of this act takes effect if the contingency in chapter 67, Laws of 2002 occurs.