reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.080 - Levy and collection of taxes—Tax anticipation warrants.

RCW 54.16.080
Levy and collection of taxes—Tax anticipation warrants.
A district may raise revenue by the levy of an annual tax on all taxable property within the district, not exceeding forty-five cents per thousand dollars of assessed value in any one year, exclusive of interest and redemption for general obligation bonds. The commission shall prepare a proposed budget of the contemplated financial transactions for the ensuing year and file it in its records, on or before the first Monday in September. Notice of the filing of the proposed budget and the date and place of hearing thereon shall be published for at least two consecutive weeks in a newspaper printed and of general circulation in the county. On the first Monday in October, the commission shall hold a public hearing on the proposed budget at which any taxpayer may appear and be heard against the whole or any part thereof. Upon the conclusion of the hearing, the commission shall, by resolution, adopt the budget as finally determined, and fix the final amount of expenditures for the ensuing year. Taxes levied by the commission shall be certified to and collected by the proper officer of the county in which the district is located in the same manner as provided for the certification and collection of port district taxes. The commission may, prior to the receipt of taxes raised by levy, borrow money or issue warrants of the district in anticipation of the revenue to be derived from the levy or taxes for district purposes, and the warrants shall be redeemed from the first money available from such taxes. The warrants shall not exceed the anticipated revenue of one year, and shall bear interest at a rate determined by the commission.
[ 1981 c 156 § 18; 1973 1st ex.s. c 195 § 60; 1955 c 390 § 9. Prior: 1945 c 143 § 1(g); 1931 c 1 § 6(g); Rem. Supp. 1945 § 11610(g).]
NOTES:
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Application of one percentum levy limitation to public utility district: State Constitution Art. 7 § 2 and RCW 84.52.050.
Collection of taxes by port districts: RCW 53.36.020.
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.083 - Community revitalization financing—Public improvements.

RCW 54.16.083
Community revitalization financing—Public improvements.
In addition to other authority that a public utility district possesses, a public utility district may provide any public improvement as defined under RCW 39.89.020, but this additional authority is limited to participating in the financing of the public improvements as provided under RCW 39.89.050.
This section does not limit the authority of a public utility district to otherwise participate in the public improvements if that authority exists elsewhere.
[ 2001 c 212 § 19.]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.090 - Contracts with other agencies or utilities—Gifts, etc.—Employees and experts—Advancements.

RCW 54.16.090
Contracts with other agencies or utilities—Gifts, etc.—Employees and experts—Advancements.
A district may enter into any contract or agreement with the United States, or any state, municipality, or other utility district, or any department of those entities, or with any cooperative, mutual, consumer-owned utility, or with any investor-owned utility or with an association of any of such utilities, for carrying out any of the powers authorized by this title.
It may acquire by gift, devise, bequest, lease, or purchase, real and personal property necessary or convenient for its purposes, or for any local district therein.
It may make contracts, employ engineers, attorneys, and other technical or professional assistance; print and publish information or literature; advertise or promote the sale and distribution of electricity or water and do all other things necessary to carry out the provisions of this title.
It may advance funds, jointly fund or jointly advance funds for surveys, plans, investigations, or studies as set forth in RCW 54.16.010, including costs of investigations, design and licensing of properties and rights of the type described in RCW 54.16.020, including the cost of technical and professional assistance, and for the advertising and promotion of the sale and distribution of electricity or water.
[ 1969 c 106 § 7; 1955 c 390 § 10. Prior: 1945 c 143 § 1(h), (i), (j), part; 1931 c 1 § 6(h), (i), (j), part; Rem. Supp. 1945 § 11610(h), (i), (j), part.]
NOTES:
Construction—Severability—1969 c 106: See notes following RCW 54.08.041.
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.092 - Employment interview expenses.

RCW 54.16.092
Employment interview expenses.
When a district commission finds that a vacancy for a technical or managerial position requires special qualifications or entails responsibilities and duties of such a nature that substantial benefits will accrue to the district from personal interviews of candidates for such a vacancy to be held in the district, the district commission, by resolution adopted at a regular meeting, may authorize the payment of actual necessary travel and living expenses of such candidates incurred while in travel status.
[ 1975 1st ex.s. c 140 § 1.]
NOTES:
Special purpose districts, expenditures to recruit job candidates: RCW 42.24.170.
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.095 - Liability insurance for officials and employees.

RCW 54.16.095
Liability insurance for officials and employees.
The board of commissioners of each public utility district may purchase liability insurance with such limits as they may deem reasonable for the purpose of protecting their officials and employees against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties.
[ 1973 c 125 § 5.]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.097 - Actions against officer, employee, or agent—Defense and costs provided by public utility district—Exception.

RCW 54.16.097
Actions against officer, employee, or agent—Defense and costs provided by public utility district—Exception.
Whenever any action, claim, or proceeding is instituted against any person who is or was an officer, employee, or agent of a public utility district established under this title arising out of the performance or failure of performance of duties for, or employment with any such district, the commission of the district may grant a request by such person that the attorney of the district's choosing be authorized to defend said claim, suit, or proceeding, and the costs of defense, attorney's fees, and any obligation for payment arising from such action may be paid from the district's funds: PROVIDED, That costs of defense and/or judgment or settlement against such person shall not be paid in any case where the court has found that such person was not acting in good faith or within the scope of his or her employment with or duties for the district.
[ 2010 c 8 § 17007; 1975 c 60 § 2.]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.100 - Manager—Appointment—Compensation—Duties.

RCW 54.16.100
Manager—Appointment—Compensation—Duties.
The commission, by resolution introduced at a regular meeting and adopted at a subsequent regular meeting, shall appoint and may remove at will a district manager, and shall, by resolution, fix his or her compensation.
The manager shall be the chief administrative officer of the district, in control of all administrative functions and shall be responsible to the commission for the efficient administration of the affairs of the district placed in his or her charge. The manager shall be an experienced executive with administrative ability. In the absence or temporary disability of the manager, the manager shall, with the approval of the president of the commission, designate some competent person as acting manager.
The manager may attend all meetings of the commission and its committees, and take part in the discussion of any matters pertaining to the duties of his or her department, but shall have no vote.
The manager shall carry out the orders of the commission, and see that the laws pertaining to matters within the functions of his or her department are enforced; keep the commission fully advised as to the financial condition and needs of the districts; prepare an annual estimate for the ensuing fiscal year of the probable expenses of the department, and recommend to the commission what development work should be undertaken, and what extensions and additions, if any, should be made during the ensuing fiscal year, with an estimate of the costs of the development work, extensions, and additions; certify to the commission all bills, allowances, and payrolls, including claims due contractors of public works; recommend to the commission compensation of the employees of his or her office, and a scale of compensation to be paid for the different classes of service required by the district; hire and discharge employees under his or her direction; and perform such other duties as may be imposed upon the manager by resolution of the commission. It is unlawful for the manager to make any contribution of money in aid of or in opposition to the election of any candidate for public utility commissioner or to advocate or oppose any such election.
[ 1990 c 16 § 1; 1955 c 390 § 11. Prior: 1945 c 143 § 1(j), part; 1931 c 1 § 6(j), part; Rem. Supp. 1945 § 11610(j), part.]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.110 - May sue and be sued—Claims.

RCW 54.16.110
May sue and be sued—Claims.
A district may sue in any court of competent jurisdiction, and may be sued in the county in which its principal office is located or in which it owns or operates facilities. No suit for damages shall be maintained against a district except on a claim filed with the district complying in all respects with the terms and requirements for claims for damages set forth in chapter 4.96 RCW.
[ 1993 c 449 § 11; 1979 ex.s. c 240 § 3; 1955 c 390 § 12. Prior: 1945 c 143 § 1(k); 1931 c 1 § 6(k); Rem. Supp. 1945 § 11610(k).]
NOTES:
Purpose—Severability—1993 c 449: See notes following RCW 4.96.010.
Claims against cities of the second class: RCW 35.31.040.
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.120 - Local utility districts authorized.

RCW 54.16.120
Local utility districts authorized.
A district may, by resolution, establish and define the boundaries of local assessment districts to be known as local utility district No. . . . ., for distribution, under the general supervision and control of the commission, of water for all purposes, public and private, including domestic use, irrigation, and electric energy, and for providing street lighting, or any of them, and in like manner provide for the purchasing, or otherwise acquiring, or constructing and equipping and maintaining and operating distribution systems for such purposes, and for extensions and betterments thereof, and may levy and collect in accordance with the special benefits conferred thereon, special assessments and reassessments on property specially benefited thereby, for paying the cost and expense thereof, or any portions thereof, as herein provided, and issue local improvement bonds or warrants or both to be repaid wholly or in part by collection of local improvement assessments. A district also may form local utility districts located entirely or in part outside its limits or the limits of the county in which the district is located to provide water, or sewer facilities if otherwise authorized under this title.
[ 1999 c 154 § 2; 1975 c 46 § 1; 1955 c 390 § 13. Prior: 1951 c 209 § 1; 1945 c 143 § 1(l), part; 1931 c 1 § 6(l), part; Rem. Supp. 1945 § 11610(l), part.]
NOTES:
Assessments and charges against state lands: Chapter 79.44 RCW.
Local improvements, supplemental authority: Chapter 35.51 RCW.
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.130 - Local districts—Procedure—Financing.

RCW 54.16.130
Local districts—Procedure—Financing.
The commission shall by resolution establish the method of procedure in all matters relating to local utility districts. A public utility district may determine by resolution what work shall be done or improvements made at the expense, in whole or in part, of the property specially benefited thereby; and adopt and provide the manner, machinery and proceedings in any way relating to the making and collecting of assessments therefor in pursuance thereof. Except as herein otherwise provided or as may hereafter be set forth by resolution, all matters and proceedings relating to the local utility district, the levying and collection of assessments, the issuance and redemption of local improvement warrants and bonds, and the enforcement of local assessment liens hereunder, shall be governed, as nearly as may be, by the laws relating to local improvements for cities and towns: PROVIDED, That no protest against a local utility district improvement shall be received after twelve o'clock noon of the day set for hearing. Such bonds and warrants may be in any form, including bearer bonds or bearer warrants, or registered warrants or registered bonds as provided in RCW 39.46.030. Such bonds and warrants may also be issued and sold in accordance with chapter 39.46 RCW.
The commission may determine to finance the project by bonds or warrants secured by assessments against the property within the local utility district: Or it may finance the project by revenue bonds, in which case no bonds or warrants shall be issued by the local utility district, but assessments shall be levied upon the taxable property therein on the basis of special benefits up to, but not exceeding the total cost of the improvement and in such cases the entire principal and interest of such assessments shall be paid into a revenue bond fund of the district, to be used for the sole purpose of the payment of revenue bonds.
[ 1983 c 167 § 145; 1955 c 390 § 14. Prior: 1951 c 209 § 2; 1945 c 143 § 1(l), part; 1931 c 1 § 6(l), part; Rem. Supp. 1945 § 11610(l), part.]
NOTES:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Local improvement
first-class cities: Chapters 35.43 through 35.56 RCW.
guaranty fund: RCW 54.24.200 through 54.24.260.
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.140 - Petition or resolution for local district—Hearing—Notice.

RCW 54.16.140
Petition or resolution for local district—Hearing—Notice.
Any such improvement shall be ordered by resolution of the commission either upon petition or resolution therefor. When a petition, signed by ten percent of the owners of land in the district to be therein described, is filed with the commission, asking that the plan or improvement therein set forth be adopted and ordered, and defining the boundaries of a local improvement district to be assessed in whole or in part to pay the cost thereof, the commission shall fix the date of hearing thereon, and give not less than two weeks notice thereof by publication. The commission may deny the petition or order the improvement, unless a majority of the owners of lands in the district file prior to twelve o'clock noon of the day of the hearing, with the secretary a petition protesting against the improvement. If the commission orders the improvement, it may alter the boundaries of the proposed local district and prepare and adopt detail plans of the local improvement, declare the estimated cost thereof, what proportion thereof shall be borne by the local improvement district, and what proportion, if any shall be borne by the entire public utility district.
[ 1955 c 390 § 15. Prior: 1945 c 143 § 1(l), part; 1931 c 1 § 6(l), part; Rem. Supp. 1945 § 11610(l), part.]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.142 - Local utility districts—Notice must contain statement that assessments may vary from estimates.

RCW 54.16.142
Local utility districts—Notice must contain statement that assessments may vary from estimates.
Any notice given to the public or to the owners of specific lots, tracts, or parcels of land relating to the formation of a local utility district shall contain a statement that actual assessments may vary from assessment estimates so long as they do not exceed a figure equal to the increased true and fair value the improvement, or street lighting, adds to the property.
[ 1989 c 243 § 9.]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.145 - Local utility districts—Sanitary sewer or potable water facilities—Notice to certain property owners.

RCW 54.16.145
Local utility districts—Sanitary sewer or potable water facilities—Notice to certain property owners.
Whenever it is proposed that a local utility district finance sanitary sewers or potable water facilities, additional notice of the public hearing on the proposed local utility district shall be mailed to the owners of any property located outside of the proposed local utility district that would be required as a condition of federal housing administration loan qualification, at the time of notice, to be connected to the specific sewer or water facilities installed by the local utility district. The notice shall include information about this restriction.
[ 1987 c 315 § 4.]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.150 - Procedure when petition is signed by majority of landowners.

RCW 54.16.150
Procedure when petition is signed by majority of landowners.
When a petition signed by a majority of the landowners in a proposed local improvement district is filed with the commission, asking that the improvement therein described be ordered, the commission shall forthwith fix a date for hearing thereon after which it shall, by resolution, order the improvement, and may alter the boundaries of the proposed district; prepare and adopt the improvement; prepare and adopt detail plans thereof; declare the estimated cost thereof, what proportion of the cost shall be borne by the local district, and what proportion, if any, shall be borne by the entire public utility district, and provide the general funds thereof to be applied thereto, if any; acquire all lands and other properties therefor; pay all damages caused thereby; and commence in the name of the public utility district such eminent domain proceedings and supplemental assessment or reassessment proceedings to pay all eminent domain awards necessary to entitle the district to proceed with the work, and shall thereafter proceed with the work, and shall file with the county treasurer its roll levying special assessments in the amount to be paid by special assessment against the property in the local improvement district in proportion to the special benefits to be derived by the property in the local district from the improvement: PROVIDED, HOWEVER, No such improvement shall be ordered unless the same appears to the commission to be financially and economically feasible: AND PROVIDED FURTHER, That the commission may require as a condition to ordering such improvement or to making its determination as to the financial and economic feasibility, that all or a portion of such engineering, legal, or other costs incurred or to be incurred by the commission in determining financial and economic feasibility shall be borne or guaranteed by the petitioners of the proposed local improvement district under such rules as the commission may adopt. No person shall withdraw his or her name from the petition after the same has been filed with the commission.
[ 2010 c 8 § 17008; 1959 c 142 § 3; 1955 c 390 § 16. Prior: 1945 c 143 § 1(l), part; 1931 c 1 § 6(l), part; Rem. Supp. 1945 § 11610(l), part.]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.160 - Assessment roll—Hearing—Appellate review—Expenses.

RCW 54.16.160
Assessment roll—Hearing—Appellate review—Expenses.
Before approval of the roll, a notice shall be published once each week for two successive weeks in a newspaper of general circulation in the county, stating that the roll is on file and open to inspection in the office of the secretary, and fixing a time not less than fifteen nor more than thirty days from the date of the first publication of the notice, within which protests must be filed with the secretary against any assessments shown thereon, and fixing a time when a hearing shall be held by the commission on the protests. After the hearing the commission may alter any and all assessments shown on the roll and may, by resolution, approve it, but if an assessment is raised, a new notice, similar to the first, shall be given, and a hearing had thereon, after which final approval of the roll may be made. Any person aggrieved by the assessments shall perfect an appeal to the superior court of the county within ten days after the approval, in the manner provided for appeals from assessments levied by cities of the first class. In the event such an appeal shall be taken, the judgment of the court shall confirm the assessment insofar as it affects the property of the appellant unless the court shall find from the evidence that such assessment is founded upon a fundamentally wrong basis and/or the decision of the commission thereon was arbitrary or capricious; in which event the judgment of the court shall correct, change, modify, or annul the assessment insofar as it affects the property of the appellant. In the same manner as provided with reference to cities of the first class appellate review of the judgment of the superior court may be sought, as in other cases, within fifteen days after the date of the entry of the judgment in the superior court. Engineering, office, and other expenses necessary or incident to the improvement shall be borne by the public utility district: PROVIDED, That when a municipal corporation included in the public utility district already owns or operates a utility of a character like that for which the assessments are levied hereunder, all such engineering and other expenses shall be borne by the local assessment district.
[ 1988 c 202 § 51; 1971 c 81 § 123; 1959 c 142 § 4; 1955 c 390 § 17. Prior: 1945 c 143 § 1(l), part; 1931 c 1 § 6(l), part; Rem. Supp. 1945 c 11610(l), part.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
Procedure on appeal from assessments levied by cities of the first class: RCW 35.44.200 through 35.44.270.
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.165 - Segregation of assessments.

RCW 54.16.165
Segregation of assessments.
Whenever any land against which there has been levied any special assessment by any public utility district shall have been sold in part or subdivided, the board of commissioners of such public utility district shall have the power to order a segregation of the assessment.
Any person owning any part of the land involved in a special assessment and desiring to have such special assessment against the tracts of land segregated to apply to smaller parts thereof shall apply in writing to the board of commissioners of the public utility district which levied the assessment. If the commissioners determine that a segregation should be made they shall do so as nearly as possible on the same basis as the original assessment was levied and the total of the segregated parts of the assessment shall equal the assessment before segregation.
The commission shall then send notice thereof by mail to the several owners interested in the tract, as shown on the general tax rolls. If no protest is filed within twenty days from date of mailing said notice, the commission shall then by resolution approve said segregation. If a protest is filed, the commission shall have a hearing thereon, after mailing to the several owners at least ten days notice of the time and place thereof. After the hearing, the commission may by resolution approve said segregation, with or without change. Within ten days after the approval, any person aggrieved by the segregation may perfect an appeal to the superior court of the county wherein the property is situated and thereafter seek appellate review, all as provided for appeals from assessments levied by cities of the first class. The resolution approving said segregation shall describe the original tract, the amount and date of the original assessment, and shall define the boundaries of the divided parts and the amount of the assessment chargeable to each part, and shall order the county treasurer to make segregation on the original assessment roll as directed in the resolution. A certified copy of the resolution shall be delivered to the county treasurer who shall proceed to make the segregation ordered. The board of commissioners may require as a condition to the order of segregation that the person seeking it pay the public utility district the reasonable engineering and clerical costs incident to making the segregation. Unless otherwise provided in said resolution, the county treasurer shall apportion amounts paid on the original assessment in the same proportion as the segregated assessments bear to the original assessment. Upon segregation being made by the county treasurer, as aforesaid, the lien of the special assessment shall apply to the segregated parcels only to the extent of the segregated part of such assessment.
[ 1988 c 202 § 52; 1971 c 81 § 124; 1959 c 142 § 1.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.170 - Apportionment of cost of improvement.

RCW 54.16.170
Apportionment of cost of improvement.
When an improvement is ordered hereunder, payment for which shall be made in part from assessments against property specially benefited, not more than fifty percent of the cost thereof shall ever be borne by the entire public utility district, nor shall any sum be contributed by it to any improvement acquired or constructed with or by any other body, exceed such amount, unless a majority of the electors of the district consent to or ratify the making of such expenditure.
[ 1955 c 390 § 18. Prior: 1945 c 143 § 1(l), part; 1931 c 1 § 6(l), part; Rem. Supp. 1945 § 11610(l), part.]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.190 - General resolutions.

RCW 54.16.190
General resolutions.
The commission of a district may adopt general resolutions to carry out the purposes, objects, and provisions of this title.
[ 1955 c 390 § 20. Prior: 1945 c 143 § 1(n); 1931 c 1 § 6(n); Rem. Supp. 1945 § 11610(n).]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.200 - Joint exercise of powers and joint acquisition of properties.

RCW 54.16.200
Joint exercise of powers and joint acquisition of properties.
Any two or more public utility districts organized under the provisions of the laws of this state shall have the power, by mutual agreement, to exercise jointly all powers granted to each individual district, and in the exercise of such powers shall have the right and power to acquire jointly all or any part of any electric utility properties which, at *the time of the passage of this act, constitutes an interconnected and physically integrated electric utility system, whether entirely within or partly within and partly without such districts: PROVIDED, That any two or more districts so acting jointly, by mutual agreement, shall not acquire any electric utility distribution properties in any other public utility district without the consent of such district, and shall not exercise jointly the power to condemn any privately owned utility property or any public utility owned by a municipality, to levy taxes or, to create subdistricts.
[ 1949 c 227 § 2; Rem. Supp. 1949 § 10459-15.]
NOTES:
*Reviser's note: As to "the time of the passage of this act," the legislative history of chapter 227, Laws of 1949 is as follows: Passed the house March 8, 1949; passed the senate March 7, 1949; approved by the governor March 22, 1949.
Joint operating agency: RCW 43.52.360.
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.220 - Columbia river hydroelectric projects—Grant back of easements to former owners.

RCW 54.16.220
Columbia river hydroelectric projects—Grant back of easements to former owners.
Notwithstanding any other provision of law, every public utility district acquiring privately owned lands, real estate or property for reservoir purposes of a hydroelectric power project dam on the Columbia river, upon acquisition of title to said lands, whether acquired by purchase or condemnation, shall grant back to the former owners of the lands acquired upon their request therefor, whether prior to conveyance of title to the district or within sixty days thereafter, a perpetual easement appurtenant to the adjoining property for such occupancy and use and improvement of the acquired lands as will not be detrimental to the operation of the hydroelectric project and not be in violation of the required conditions of the district's federal power commission license for the project: PROVIDED, That said former owners shall not thereafter erect any structure or make any extensive physical change thereon except under a permit issued by the public utility district: PROVIDED FURTHER, That said easement shall include a provision that any shorelands thereunder shall be open to the public, and shall be subject to cancellation upon sixty days notice to the owners by the district that such lands are to be conveyed to another public agency for game or game fish purposes or public recreational use, in which event the owners shall remove any structures they may have erected thereon within a reasonable time without cost to the district. The provisions of this section shall not be applicable with respect to: (1) lands acquired from an owner who does not desire an easement for such occupancy and use; (2) lands acquired from an owner where the entire estate has been acquired; (3) lands acquired for, and reasonably necessary for, project structures (including borrow areas) or for relocation of roads, highways, railroads, other utilities or railroad industrial sites; and (4) lands heretofore acquired or disposed of by sale or lease by a public utility district for whatsoever purpose.
[ 1965 ex.s. c 118 § 1.]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.230 - Sewage system works—Acquire, construct, operate, etc.—Authorizing election—Procedure.

RCW 54.16.230
Sewage system works—Acquire, construct, operate, etc.—Authorizing election—Procedure.
A public utility district may acquire, construct, operate, maintain, and add to sewage systems, subject to and in compliance with the county comprehensive plan, under the general powers of Title 54 RCW or through the formation of local utility districts as provided in RCW 54.16.120 through 54.16.170: PROVIDED, That prior to engaging in any sewage system works as authorized by this section, the voters of the public utility district shall first approve by majority vote a referendum proposition authorizing such district to exercise the powers set forth in this section, which proposition shall be presented at a general election.
[ 1975 1st ex.s. c 57 § 1.]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.240 - Sewage system works—Resolution or petition—Voter approval or rejection.

RCW 54.16.240
Sewage system works—Resolution or petition—Voter approval or rejection.
The commission of a public utility district, by resolution may, or on petition in the same manner as provided for the creation of a district under RCW 54.08.010 shall, submit to the voters for their approval or rejection the proposal that said public utility district be authorized to exercise the powers set forth in RCW 54.16.230.
[ 1975 1st ex.s. c 57 § 2.]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.250 - Sewage system works—Ballot proposition—Canvass.

RCW 54.16.250
Sewage system works—Ballot proposition—Canvass.
The legislative authority of the county in which the public utility district is located, upon receipt of the resolution of the public utility district commission or petition as provided for in RCW 54.08.010, shall submit such proposal to the voters of the district at the next general election in substantially the following terms:
Shall Public Utility District No. . . . . of . . . . . . County be authorized to acquire, construct, operate, maintain, and add to sewage systems?
Yes  □
No   □
Within ten days after such election, the election board of the county shall canvass the returns, and if at such election a majority of voters voting on the proposition shall vote in favor of such authority, the district shall have the powers set forth in RCW 54.16.230.
[ 1975 1st ex.s. c 57 § 3.]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.260 - Sewage system works—Accounts and funding.

RCW 54.16.260
Sewage system works—Accounts and funding.
Accounts and funding for any sewage system or systems shall be kept as provided in RCW 43.09.210.
[ 1975 1st ex.s. c 57 § 4.]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.270 - Sewage system works—Existing authority not affected.

RCW 54.16.270
Sewage system works—Existing authority not affected.
Nothing contained in RCW 54.16.230 through 54.16.260 shall change or alter the present authority of certain public utility districts as regards sewage systems and as provided in RCW 54.16.180.
[ 1975 1st ex.s. c 57 § 5.]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.300 - Combined utility functions.

RCW 54.16.300
Combined utility functions.
A public utility district by resolution may combine two or more of its separate utility functions into a single utility and combine its related funds or accounts into a single fund or account. The separate utility functions include electrical energy systems, domestic water systems, irrigation systems, sanitary sewer systems, and storm sewer systems. All powers granted to public utility districts to acquire, construct, maintain, and operate such systems may be exercised in the joint acquisition, construction, maintenance, and operation of such combined systems. The establishment, maintenance, and operation of the combined system shall be governed by the public utility district statutes relating to one of the utility systems that is being combined, as specified in the resolution combining the utility systems.
[ 1987 c 18 § 1.]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.310 - Operation, maintenance, and inspection of sewage disposal facilities, septic tanks, and wastewater disposal facilities and systems—Maintenance costs.

RCW 54.16.310
Operation, maintenance, and inspection of sewage disposal facilities, septic tanks, and wastewater disposal facilities and systems—Maintenance costs.
A public utility district as authorized by a county board of health, may perform operation and maintenance, including inspections, of on-site sewage disposal facilities, alternate sewage disposal facilities, approved septic tanks or approved septic tank systems, other facilities and systems for the collection, interception, treatment, and disposal of wastewater, and for the control and protection, preservation, and rehabilitation of surface and underground waters. Those costs associated with the maintenance of private on-site sewage systems may be charged by the public utility district to the system owner.
[ 1990 c 107 § 1.]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.320 - Assumption of substandard water system—Limited immunity from liability.

RCW 54.16.320
Assumption of substandard water system—Limited immunity from liability.
A public utility district assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on noncompliance with state or federal requirements for public drinking water systems, which predate the date of assuming responsibility and continue after the date of assuming responsibility, provided that the public utility district has submitted and is complying with a plan and schedule of improvements approved by the department of health. This immunity shall expire on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility. This immunity does not apply to intentional injuries, fraud, or bad faith.
[ 1994 c 292 § 10.]
NOTES:
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.340 - Wholesale telecommunications services—Petition for review of rates, terms, conditions.

RCW 54.16.340
Wholesale telecommunications services—Petition for review of rates, terms, conditions.
(1) A person or entity that has requested wholesale telecommunications services from a public utility district providing wholesale telecommunications services under this chapter may petition the commission under the procedures set forth in RCW 80.04.110 (1) through (3) if it believes the district's rates, terms, and conditions are unduly or unreasonably discriminatory or preferential. The person or entity shall provide the public utility district notice of its intent to petition the commission and an opportunity to review within thirty days the rates, terms, and conditions as applied to it prior to submitting its petition. In determining whether a district is providing discriminatory or preferential rates, terms, and conditions, the commission may consider such matters as service quality, cost of service, technical feasibility of connection points on the district's facilities, time of response to service requests, system capacity, and other matters reasonably related to the provision of wholesale telecommunications services. If the commission, after notice and hearing, determines that a public utility district's rates, terms, and conditions are unduly or unreasonably discriminatory or preferential, it shall issue a final order finding noncompliance with this section and setting forth the specific areas of apparent noncompliance. An order imposed under this section shall be enforceable in any court of competent jurisdiction.
(2) The commission may order a public utility district to pay a share of the costs incurred by the commission in connection with adjudicating or enforcing the provisions of this section.
(3) Without limiting other remedies at law or equity, the commission and prevailing party may also seek injunctive relief to compel compliance with an order.
(4) Nothing in this section shall be construed to affect the commission's authority and jurisdiction with respect to actions, proceedings, or orders permitted or contemplated for a state commission under the federal telecommunications act of 1996, P.L. 104-104 (110 Stat. 56).
[ 2000 c 81 § 5.]
NOTES:
Findings—2000 c 81: See note following RCW 53.08.005.
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.350 - Tariff for irrigation pumping service—Authority to buy back electricity.

RCW 54.16.350
Tariff for irrigation pumping service—Authority to buy back electricity.
The commission may approve a tariff for irrigation pumping service that allows the district to buy back electricity from customers to reduce electricity usage by those customers during the district's particular irrigation season.
[ 2001 c 122 § 2.]
NOTES:
Effective date—2001 c 122: See note following RCW 80.28.310.
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.360 - Cooperative watershed management.

RCW 54.16.360
Cooperative watershed management.
In addition to the authority provided in RCW 54.16.030 relating to water supply, a public utility district may participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under RCW 39.34.210 and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management.
[ 2003 c 327 § 14.]
NOTES:
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.370 - Purchase of electric power and energy from joint operating agency.

RCW 54.16.370
Purchase of electric power and energy from joint operating agency.
A district 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 district must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or district under the contract or other instrument.
[ 2003 c 138 § 2.]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.380 - Appliance repair service—Operation by district.

RCW 54.16.380
Appliance repair service—Operation by district.
Any public utility district that has operated an electrical appliance repair service for at least ten years prior to July 24, 2005, may continue to operate an electrical appliance repair service within its service territory.
[ 2005 c 175 § 2.]
NOTES:
Intent—2005 c 175: "It is the intent of the legislature to avoid unnecessary hardships on the citizens of a community by recognizing the traditional appliance repair services that have been offered for many years by any public utility district described in section 2 of this act.
The legislature understands that some of these services improve the energy efficiency of the appliance repaired, which helps citizens save money and energy as well as extending the life of the appliance.
The legislature recognizes these historic services coexist with the private sector without creating aggressive competition between public and private enterprises.
It is the intent of the legislature to have these services be financially self-supporting and not be subsidized by any other customer rate structures.
Public utility districts affected by this act are encouraged to continue to work collaboratively with the private sector in providing these services." [ 2005 c 175 § 1.]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.385 - Appliance repair service—Requirements.

RCW 54.16.385
Appliance repair service—Requirements.
When a public utility district provides electrical appliance repair services under RCW 54.16.380, the public utility district shall:
(1) Charge customers the true and fair cost for the services;
(2) Keep records documenting the revenues and expenditures for the services and make those records available to the public; and
(3) Develop measures or benchmarks to track and evaluate the performance of the services.
[ 2005 c 175 § 3.]
NOTES:
Intent—2005 c 175: See note following RCW 54.16.380.
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.390 - Environmental mitigation activities.

RCW 54.16.390
Environmental mitigation activities.
(1) A public utility district may develop and make publicly available a plan for the district to reduce its greenhouse gases emissions or achieve no-net emissions from all sources of greenhouse gases that the district owns, leases, uses, contracts for, or otherwise controls.
(2) A public utility district may, as part of its utility operation, mitigate the environmental impacts, such as greenhouse gases emissions, of its operation and any power purchases. Mitigation may include, but is not limited to, those greenhouse gases mitigation mechanisms recognized by independent, qualified organizations with proven experience in emissions mitigation activities. Mitigation mechanisms may include the purchase, trade, and banking of greenhouse gases offsets or credits. If a state greenhouse gases registry is established, a public utility district that has purchased, traded, or banked greenhouse gases mitigation mechanisms under this section shall receive credit in the registry.
[ 2007 c 349 § 4.]
NOTES:
Finding—Intent—2007 c 349 § 4: "The legislature finds and declares that greenhouse gases offset contracts, credits, and other greenhouse gases mitigation efforts are a recognized utility purpose that confers a direct benefit on the utility's ratepayers. The legislature declares that section 4 of this act is intended to reverse the result of Okeson v. City of Seattle (January 18, 2007), by expressly granting public utility districts the statutory authority to engage in mitigation activities to offset their utility's impact on the environment." [ 2007 c 349 § 3.]
2023 Revised Code of Washington › Title 54 - Public Utility Districts › Chapter 54.16 - Powers. › 54.16.400 - Voluntary donations for purposes of urban forestry.

RCW 54.16.400
Voluntary donations for purposes of urban forestry.
(1) Public utility districts may 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.
(2) Voluntary donations collected by public utility districts under this section may be used by the public utility district to:
(a) Support the development and implementation of urban forestry ordinances, as that term is defined in RCW 76.15.010, for cities, towns, or counties within their service areas;
(b) Complete projects consistent with the urban forestry management plans and ordinances developed under RCW 76.15.090; or
(c) Fund a tree planting program for energy conservation that accomplishes the goals established under RCW 54.16.281.
(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.
[ 2021 c 209 § 21; 2021 c 11 § 5; 2008 c 299 § 22.]
NOTES:
Reviser's note: This section was amended by 2021 c 11 § 5 and by 2021 c 209 § 21, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Intent—2021 c 209: See note following RCW 76.15.005.
Findings—Intent—2021 c 11: See note following RCW 35.92.355.
Short title—2008 c 299: See note following RCW 76.15.020.