Chapter 35A.80 RCW

PUBLIC UTILITIES

Sections

35A.80.010General laws applicable.
35A.80.020Electric energy.
35A.80.030Hydroelectric resourcesSeparate legal authorityCreation by irrigation districts and cities, towns, or public utility districts.
35A.80.040Code cities encouraged to provide utility customers with landscaping information and to request voluntary donations for urban forestry.
35A.80.050Purchase of electric power and energy from joint operating agency.
35A.80.060Voluntary donations for purpose of supporting hunger programs.


General laws applicable.

A code city may provide utility service within and without its limits and exercise all powers to the extent authorized by general law for any class of city or town. The cost of such improvements may be financed by procedures provided for financing local improvement districts in chapters 35.43 through 35.54 RCW and by revenue and refunding bonds as authorized by chapters 35.41, 35.67 and 35.89 RCW and Title 85 RCW. A code city may protect and operate utility services as authorized by chapters 35.88, 35.91, 35.92, and 35.94 RCW and may acquire and damage property in connection therewith as provided by chapter 8.12 RCW and shall be governed by the regulations of the department of ecology as provided in RCW 90.48.110.



Electric energy.

Any code city is authorized to enter into contracts or compacts with any commission or any operating agency or publicly or privately owned utility for the purchase and sale of electric energy or falling waters as provided in RCW 43.52.410 and chapter 35.84 RCW and to exercise any other authority granted to cities as provided in chapter 43.52 RCW.



Hydroelectric resourcesSeparate legal authorityCreation by irrigation districts and cities, towns, or public utility districts.

See RCW 87.03.825 through 87.03.840.



Code cities encouraged to provide utility customers with landscaping information and to request voluntary donations for urban forestry.

(1) Code cities providing utility services under this chapter are encouraged to provide information to their customers regarding landscaping that includes tree planting for energy conservation.
(2)(a) Code cities providing utility services under this chapter are encouraged to request voluntary donations from their customers for the purposes of urban forestry. The request may be in the form of a check-off on the billing statement or other form of a request for a voluntary donation.
(b) Voluntary donations collected by code cities under this section may be used by the code city to:
(i) Support the development and implementation of evergreen community ordinances, as that term is defined in RCW 35.105.010, for cities, towns, or counties within their service areas; or
(ii) Complete projects consistent with the model evergreen community management plans and ordinances developed under RCW 35.105.050.
(c) Donations received under this section do not contribute to the gross income of a light and power business or gas distribution business under chapter 82.16 RCW.

NOTES:

Short title2008 c 299: See note following RCW 35.105.010.
Findings1993 c 204: See note following RCW 35.92.390.



Purchase of electric power and energy from joint operating agency.

A code city may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. For projects the output of which is limited to qualified alternative energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the code city must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument.



Voluntary donations for purpose of supporting hunger programs.

(1) Code cities providing utility services under this chapter may request voluntary donations from their customers for the purpose of supporting hunger programs.
(2) Voluntary donations collected by code cities under this section must be used by the code city to support the maintenance and operation of hunger programs.
(3) Donations received under this section do not contribute to the gross income of a light and power business or gas distribution business under chapter 82.16 RCW.
(4) Nothing in this section precludes a code city providing utility services from requesting voluntary donations to support other programs.