reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.28 - Gas, Electrical, and Water Companies. › 80.28.300 - Gas, electrical companies encouraged to provide customers with landscaping information and to request voluntary donations for urban forestry.

RCW 80.28.300
Gas, electrical companies encouraged to provide customers with landscaping information and to request voluntary donations for urban forestry.
(1) Gas companies and electrical companies under this chapter are highly encouraged to provide information to their customers regarding landscaping that includes tree planting for energy conservation.
(2)(a) Gas companies and electrical companies under this chapter 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.
(b) Voluntary donations collected by gas companies and electrical companies under this section may be used by the gas companies and electrical companies to:
(i) 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;
(ii) Complete projects consistent with the urban forestry management plans and ordinances developed under RCW 76.15.090; or
(iii) Fund a tree planting program for energy conservation that accomplishes the goals established under RCW 80.28.260(2) (a) through (k).
(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.
[ 2021 c 209 § 14; 2021 c 11 § 7; 2008 c 299 § 21; 1993 c 204 § 4.]
NOTES:
Reviser's note: This section was amended by 2021 c 11 § 7 and by 2021 c 209 § 14, 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.
Findings—1993 c 204: See note following RCW 35.92.390.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.28 - Gas, Electrical, and Water Companies. › 80.28.309 - Costs as bondable conservation investment.

RCW 80.28.309
Costs as bondable conservation investment.
(1) Costs incurred before June 9, 1994, by electrical, gas, or water companies with respect to energy or water conservation measures and services intended to improve the efficiency of energy or water end use shall constitute bondable conservation investment for purposes of RCW 80.28.005, 80.28.303, 80.28.306, and this section, if:
(a) The commission has previously issued a rate order authorizing the inclusion of such costs in rate base; and
(b) The commission authorizes the issuance of conservation bonds secured by conservation investment assets associated with such costs.
(2) If costs incurred before June 9, 1994, by electrical, gas, or water companies with respect to energy or water conservation measures intended to improve the efficiency of energy or water end use have not previously been considered by the commission for inclusion in rate base, an electrical, gas, or water company may apply to the commission for approval of such costs. If the commission finds that the expenditures are a bondable conservation investment, the commission shall by order designate such expenditures as bondable conservation investment, which shall be subject to RCW 80.28.005, 80.28.303, 80.28.306, and this section.
[ 1994 c 268 § 4.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.28 - Gas, Electrical, and Water Companies. › 80.28.310 - Tariff for irrigation pumping service—Authority for electrical companies to buy back electricity.

RCW 80.28.310
Tariff for irrigation pumping service—Authority for electrical companies to buy back electricity.
Upon request by an electrical company, the commission may approve a tariff for irrigation pumping service that allows the company to buy back electricity from customers to reduce electricity usage by those customers during the electrical company's particular irrigation season.
[ 2001 c 122 § 1.]
NOTES:
Effective date—2001 c 122: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 27, 2001]." [ 2001 c 122 § 7.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.28 - Gas, Electrical, and Water Companies. › 80.28.320 - Regulation of battery charging facilities.

RCW 80.28.320
Regulation of battery charging facilities.
The commission shall not regulate the rates, services, facilities, and practices of an entity that offers battery charging facilities to the public for hire; if: (1) That entity is not otherwise subject to commission jurisdiction as an electrical company; or (2) that entity is otherwise subject to commission jurisdiction as an electrical company, but its battery charging facilities and services are not subsidized by any regulated service. An electrical company may offer battery charging facilities as a regulated service, subject to commission approval.
[ 2011 c 28 § 2.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.28 - Gas, Electrical, and Water Companies. › 80.28.365 - Electric vehicle supply equipment, programs, or services—Electrification of transportation plan—Review—Issuance of acknowledgment.

RCW 80.28.365
Electric vehicle supply equipment, programs, or services—Electrification of transportation plan—Review—Issuance of acknowledgment.
(1) An electric utility regulated by the utilities and transportation commission under this chapter may submit to the commission an electrification of transportation plan that deploys electric vehicle supply equipment or provides other electric transportation programs, services, or incentives to support electrification of transportation. The plans should align to a period consistent with either the utility's planning horizon under its most recent integrated resource plan or the time frame of the actions contemplated in the plan, and may include:
(a) Any programs that the utility is proposing contemporaneously with the plan filing or anticipates later in the plan period;
(b) Anticipated benefits of transportation electrification, based on a forecast of electric transportation in the utilities' service territory; and
(c) Anticipated costs of programs, subject to the restrictions in RCW 80.28.360.
(2) In reviewing an electrification of transportation plan under subsection (1) of this section, the commission may consider the following: (a) The applicability of multiple options for electrification of transportation across all customer classes; (b) the impact of electrification on the utility's load, and whether demand response or other load management opportunities, including direct load control and dynamic pricing, are operationally appropriate; (c) system reliability and distribution system efficiencies; (d) interoperability concerns, including the interoperability of hardware and software systems in electrification of transportation proposals; and (e) the benefits and costs of the planned actions.
(3) The commission must issue an acknowledgment of an electrification of transportation plan within six months of the submittal of the plan. The commission may establish by rule the requirements for preparation and submission of an electrification of transportation plan. An electric utility may submit a plan under this section before or during rule-making proceedings.
[ 2019 c 287 § 5; 2019 c 109 § 4.]
NOTES:
Effective date—2019 c 287: See note following RCW 82.29A.125.
Findings—Intent—2019 c 287: See note following RCW 28B.30.903.
Findings—Intent—2019 c 109: See note following RCW 35.92.450.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.28 - Gas, Electrical, and Water Companies. › 80.28.370 - Community solar companies—Definitions.

RCW 80.28.370
Community solar companies—Definitions.
The definitions in this section apply throughout this section and RCW 80.28.375 unless the context clearly requires otherwise.
(1) "Community solar company" means a person, firm, or corporation, other than an electric utility or a community solar cooperative, that owns a community solar project and provides community solar project services to project participants.
(2) "Community solar project" means a solar energy system that has a direct current nameplate generating capacity that is no larger than one thousand kilowatts.
(3) "Community solar project services" means the provision of electricity generated by a community solar project, or the provision of the financial benefits associated with electricity generated by a community solar project, to multiple project participants, and may include other services associated with the use of the community solar project such as system monitoring and maintenance, warranty provisions, performance guarantees, and customer service.
(4) "Electric utility" means a consumer-owned utility or investor-owned utility as those terms are defined in RCW 19.280.020.
(5) "Project participant" means a customer who enters into a lease, power purchase agreement, loan, or other financial agreement with a community solar company in order to obtain a beneficial interest in, other than direct ownership of, a community solar project.
(6) "Solar energy system" means any device or combination of devices or elements that rely upon direct sunlight as an energy source for use in the generation of electricity.
[ 2017 3rd sp.s. c 36 § 10.]
NOTES:
Findings—Intent—Effective date—2017 3rd sp.s. c 36: See notes following RCW 82.16.130.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.28 - Gas, Electrical, and Water Companies. › 80.28.380 - Gas companies—Conservation targets.

RCW 80.28.380
Gas companies—Conservation targets.
Each gas company must identify and acquire all conservation measures that are available and cost-effective. Each company must establish an acquisition target every two years and must demonstrate that the target will result in the acquisition of all resources identified as available and cost-effective. The cost-effectiveness analysis required by this section must include the costs of greenhouse gas emissions established in RCW 80.28.395. The targets must be based on a conservation potential assessment prepared by an independent third party and approved by the commission. Conservation targets must be approved by order by the commission. The initial conservation target must take effect by 2022.
[ 2019 c 285 § 11.]
NOTES:
Findings—2019 c 285: "(1) The legislature finds and declares that:
(a) Renewable natural gas provides benefits to natural gas utility customers and to the public; and
(b) The development of renewable natural gas resources should be encouraged to support a smooth transition to a low carbon energy economy in Washington.
(2) It is the policy of the state to provide clear and reliable guidelines for gas companies that opt to supply renewable natural gas resources to serve their customers and that ensure robust ratepayer protections." [ 2019 c 285 § 12.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.28 - Gas, Electrical, and Water Companies. › 80.28.385 - Renewable natural gas program.

RCW 80.28.385
Renewable natural gas program.
(1) A natural gas company may propose a renewable natural gas program under which the company would supply renewable natural gas for a portion of the natural gas sold or delivered to its retail customers. The renewable natural gas program is subject to review and approval by the commission. The customer charge for a renewable natural gas program may not exceed five percent of the amount charged to retail customers for natural gas.
(2) The environmental attributes of renewable natural gas provided under this section must be retired using procedures established by the commission and may not be used for any other purpose. The commission must approve procedures for banking and transfer of environmental attributes.
(3) As used in this section, "renewable natural gas" includes renewable natural gas as defined in RCW 54.04.190. The commission may approve inclusion of other sources of gas if those sources are produced without consumption of fossil fuels.
[ 2019 c 285 § 13.]
NOTES:
Findings—2019 c 285: See note following RCW 80.28.380.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.28 - Gas, Electrical, and Water Companies. › 80.28.390 - Tariff—Voluntary renewable natural gas service.

RCW 80.28.390
Tariff—Voluntary renewable natural gas service.
(1) Each gas company must offer by tariff a voluntary renewable natural gas service available to all customers to replace any portion of the natural gas that would otherwise be provided by the gas company. The tariff may provide reasonable limits on participation based on the availability of renewable natural gas and may use environmental attributes of renewable natural gas combined with natural gas. The voluntary renewable natural gas service must include delivery to, or the retirement on behalf of, the customer of all environmental attributes associated with the renewable natural gas.
(2) For the purposes of this section, "renewable natural gas" includes renewable natural gas as defined in RCW 54.04.190. The commission may approve inclusion of other sources of gas if those sources are produced without consumption of fossil fuels.
[ 2019 c 285 § 14.]
NOTES:
Findings—2019 c 285: See note following RCW 80.28.380.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.28 - Gas, Electrical, and Water Companies. › 80.28.395 - Natural gas—Cost of greenhouse gas emissions—Calculation.

RCW 80.28.395
Natural gas—Cost of greenhouse gas emissions—Calculation.
For the purposes of RCW 80.28.380, the cost of greenhouse gas emissions resulting from the use of natural gas, including the effect of emissions occurring in the gathering, transmission, and distribution of natural gas to the end user is equal to the cost per metric ton of carbon dioxide emissions, using the two and one-half percent discount rate, listed in table 2, Technical Support Document: Technical update of the social cost of carbon for regulatory impact analysis under Executive Order 12866, published by the interagency working group on social cost of greenhouse gases of the United States government, August 2016. The commission must adjust the costs established in this section to reflect the effect of inflation.
[ 2019 c 285 § 15.]
NOTES:
Findings—2019 c 285: See note following RCW 80.28.380.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.28 - Gas, Electrical, and Water Companies. › 80.28.400 - Commission—Monitoring greenhouse gas emissions—Report.

RCW 80.28.400
Commission—Monitoring greenhouse gas emissions—Report.
The commission must monitor the greenhouse gas emissions resulting from natural gas and renewable natural gas delivered by each gas company to its customers, relative to a proportionate share of the state's greenhouse gas emissions reduction goal. The commission must report to the governor by January 1, 2020, and every three years thereafter, an assessment of whether the gas companies are on track to meet a proportionate share of the state's greenhouse gas emissions reduction goal. The commission may rely on reports submitted by gas companies to the United States environmental protection agency or other governmental agencies in complying with this section.
[ 2019 c 285 § 16.]
NOTES:
Findings—2019 c 285: See note following RCW 80.28.380.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.28 - Gas, Electrical, and Water Companies. › 80.28.405 - Clean energy action plan—Greenhouse gas emissions—Calculation of cost.

RCW 80.28.405
Clean energy action plan—Greenhouse gas emissions—Calculation of cost.
For the purposes of chapter 288, Laws of 2019, the cost of greenhouse gas emissions resulting from the generation of electricity, including the effect of emissions, is equal to the cost per metric ton of carbon dioxide equivalent emissions, using the two and one-half percent discount rate, listed in table 2, technical support document: Technical update of the social cost of carbon for regulatory impact analysis under Executive Order No. 12866, published by the interagency working group on social cost of greenhouse gases of the United States government, August 2016. The commission must adjust the costs established in this section to reflect the effect of inflation.
[ 2019 c 288 § 15.]
NOTES:
Findings—Intent—Effective date—2019 c 288: See RCW 19.405.010 and 19.405.901.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.28 - Gas, Electrical, and Water Companies. › 80.28.410 - Clean energy action plan—Account for and defer costs.

RCW 80.28.410
Clean energy action plan—Account for and defer costs.
(1) An electrical company may account for and defer for later consideration by the commission costs incurred in connection with major projects in the electrical company's clean energy action plan pursuant to RCW 19.280.030(1)(l), or selected in the electrical company's solicitation of bids for delivering electric capacity, energy, capacity and energy, or conservation. The deferral in this subsection begins with the date on which the resource begins commercial operation or the effective date of the power purchase agreement and continues for a period not to exceed thirty-six months. However, if during such a period the electrical company files a general rate case or other proceeding for the recovery of such costs, deferral ends on the effective date of the final decision by the commission in such a proceeding. Creation of such a deferral account does not by itself determine the actual costs of the resource or power purchase agreement, whether recovery of any or all of these costs is appropriate, or other issues to be decided by the commission in a general rate case or other proceeding.
(2) The costs that an electrical company may account for and defer for later consideration by the commission pursuant to subsection (1) of this section include all operating and maintenance costs, depreciation, taxes, cost of capital associated with the applicable resource or the execution of a power purchase agreement. Such costs of capital include:
(a) The electrical company's authorized return on equity for any resource acquired or developed by the electrical company; or
(b) For the duration of a power purchase agreement, a rate of return of no less than the authorized cost of debt and no greater than the authorized rate of return of the electrical company, which would be multiplied by the operating expense incurred by the electrical company under the power purchase agreement.
[ 2019 c 288 § 21.]
NOTES:
Findings—Intent—Effective date—2019 c 288: See RCW 19.405.010 and 19.405.901.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.28 - Gas, Electrical, and Water Companies. › 80.28.430 - Authority to enter into agreements with certain organizations—Agreement to govern manner in which financial assistance is provided to an organization—Requirements.

RCW 80.28.430
Authority to enter into agreements with certain organizations—Agreement to govern manner in which financial assistance is provided to an organization—Requirements.
(1) A gas company or electrical company shall, upon request, enter into one or more written agreements with organizations that represent broad customer interests in regulatory proceedings conducted by the commission, subject to commission approval in accordance with subsection (2) of this section, including but not limited to organizations representing low-income, commercial, and industrial customers, vulnerable populations, or highly impacted communities. The agreement must govern the manner in which financial assistance may be provided to the organization. More than one gas company, electrical company, or organization representing customer interests may join in a single agreement. Any agreement entered into under this section must be approved, approved with modifications, or rejected by the commission. The commission must consider whether the agreement is consistent with a reasonable allocation of financial assistance provided to organizations pursuant to this section among classes of customers of the gas or electrical company.
(2) Before administering an agreement entered into under subsection (1) of this section, the commission shall, by rule or order, determine:
(a) The amount of financial assistance, if any, that may be provided to any organization;
(b) The manner in which the financial assistance is distributed;
(c) The manner in which the financial assistance is recovered in the rates of the gas company or electrical company under subsection (3) of this section; and
(d) Other matters necessary to administer the agreement.
(3) The commission shall allow a gas company or electrical company that provides financial assistance under this section to recover the amounts provided in rates. The commission shall allow a gas company or electrical company to defer inclusion of those amounts in rates if the gas company or electrical company so elects. An agreement under this section may not provide for payment of any amounts to the commission.
(4) Organizations representing vulnerable populations or highly impacted communities must be prioritized for funding under this section.
[ 2021 c 188 § 4.]
NOTES:
Legislative directive—2021 c 188: See note following RCW 80.28.425.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.28 - Gas, Electrical, and Water Companies. › 80.28.435 - Replacement of natural gas with hydrogen—Notice to commission—Tariff approval.

RCW 80.28.435
Replacement of natural gas with hydrogen—Notice to commission—Tariff approval.
(1) A gas company must file a notice with the utilities and transportation commission prior to replacing natural gas with renewable hydrogen or green electrolytic hydrogen to serve customers. The notice must establish that the company has received all necessary siting and permitting approvals. The notice must also include a description of the following:
(a) Whether the use of clean electricity to produce hydrogen is consistent with the company's most recent integrated resource plan;
(b) Potential impacts to electrical grid reliability, including resource adequacy, resulting from renewable hydrogen and green electrolytic hydrogen production and deployment; and
(c) Standards, including safety standards, for blending of green electrolytic hydrogen and renewable hydrogen into natural gas distribution infrastructure.
(2) The commission shall consider the recommendations made by the department of commerce through its work outlined in RCW 43.330.570(1)(d), the information contained in the notice, and additional relevant data and analyses when making a determination on a company's request for approval of any tariff related to the use of green electrolytic hydrogen or renewable hydrogen as a replacement for natural gas.
[ 2022 c 292 § 601.]
NOTES:
Findings—Intent—2022 c 292: See note following RCW 43.330.565.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.28 - Gas, Electrical, and Water Companies. › 80.28.440 - Wildfire mitigation plan—Review/revision.

RCW 80.28.440
Wildfire mitigation plan—Review/revision.
(1) By October 31, 2024, and every three years thereafter, each investor-owned utility must review and, if appropriate, revise its wildfire mitigation plan. When reviewing or revising a wildfire mitigation plan, an investor-owned utility must use the recommended format and elements pursuant to RCW 76.04.185.
(a) Local fire protection districts must be provided the opportunity to provide input for each wildfire mitigation plan. Each investor-owned utility must submit its wildfire mitigation plan to the utilities and transportation commission for review, and the commission will confirm whether or not the plan contains the recommended elements. Each investor-owned utility must provide a copy of their wildfire mitigation plan to the department of natural resources, along with a list and description of wildland fires involving utility equipment over the previous two years as reported by the department of natural resources. The wildfire mitigation plan must be submitted to the utility wildland fire prevention advisory committee created in RCW 76.04.780 to be posted on their website as specified in RCW 76.04.780.
(b) The utilities and transportation commission is not liable for an investor-owned utility's implementation of its wildfire mitigation plan. An investor-owned utility may pursue recovery of costs and investments associated with a wildfire mitigation plan through a proceeding to set rates at the commission.
(c) Investor-owned utilities are encouraged to submit any 2023 wildfire mitigation plans to the utility wildland fire prevention advisory committee created in RCW 76.04.780 prior to the revision date required in this subsection.
(2) Nothing in this section prohibits an investor-owned utility from reviewing or updating its wildfire mitigation plan more often than required in subsection (1) of this section.
(3) For the purposes of this section, the term "investor-owned utility" means a corporation owned by investors that meets the definition of "corporation" as defined in RCW 80.04.010 and is engaged in distributing electricity to more than one retail electric customer in the state.
[ 2023 c 132 § 3.]
NOTES:
Findings—Intent—2023 c 132: See note following RCW 76.04.185.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.28 - Gas, Electrical, and Water Companies. › 80.28.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 80.28.900
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 186.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.32 - Electric Franchises and Rights-of-Way. › 80.32.040 - Grant of franchise subject to referendum.

RCW 80.32.040
Grant of franchise subject to referendum.
All grants of franchises or rights for the conduct or distribution of electric energy, electric power, or electric light within any city or town of the state of Washington by the city council or other legislative body or legislative authority thereof, whether granted by ordinance, resolution, or other form of grant, contract, permission or license, shall be subject to popular referendum under the general laws of this state heretofore or hereafter enacted, or as may be provided by the charter provisions, heretofore or hereafter adopted, of any such city or town: PROVIDED, That no petition for referendum may be filed after six months from the date of ordinance, resolution, or other form of grant, contract, permission, or license granting such franchise.
[ 1961 c 14 § 80.32.040. Prior: (i) 1941 c 114 § 1; Rem. Supp. 1941 § 5430-1. (ii) 1941 c 114 § 2; Rem. Supp. 1941 § 5430-2.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.32 - Electric Franchises and Rights-of-Way. › 80.32.050 - Sale or lease of plant and franchises.

RCW 80.32.050
Sale or lease of plant and franchises.
Any corporation incorporated or that may hereafter be incorporated under the laws of this state or any state or territory of the United States, for the purpose of manufacturing, transmitting or selling electric power, may lease or purchase and operate (except in cases where such lease or purchase is prohibited by the Constitution of this state) the whole or any part of the plant for manufacturing or distributing electric power or energy of any other corporation, heretofore or hereafter constructed, together with the franchises, powers, immunities and all other property or appurtenances appertaining thereto: PROVIDED, That such lease or purchase has been or shall be consented to by stockholders of record holding at least two-thirds in amount of the capital stock or the lessor or grantor corporation; and all such leases and purchases made or entered into prior to the effective date of chapter 173, Laws of 1903, by consent of stockholders as aforesaid are for all intents and purposes hereby ratified and confirmed, saving, however, any vested rights of private parties.
[ 1961 c 14 § 80.32.050. Prior: 1903 c 173 § 3; RRS § 5431.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.32 - Electric Franchises and Rights-of-Way. › 80.32.060 - Eminent domain.

RCW 80.32.060
Eminent domain.
Every corporation, incorporated or that may hereafter be incorporated under the laws of this state, or of any other state or territory of the United States, and doing business in this state, for the purpose of manufacturing or transmitting electric power, shall have the right to appropriate real estate and other property for right-of-way or for any corporate purpose, in the same manner and under the same procedure as now is or may hereafter be provided by law in the case of ordinary railroad corporations authorized by the laws of this state to exercise the right of eminent domain: PROVIDED, That such right of eminent domain shall not be exercised with respect to any public road or street until the location of the transmission line thereon has been authorized in accordance with RCW 80.32.010.
[ 1961 c 14 § 80.32.060. Prior: 1903 c 173 § 2; No RRS.]
NOTES:
Eminent domain by corporations generally: Chapter 8.20 RCW.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.32 - Electric Franchises and Rights-of-Way. › 80.32.070 - Right of entry.

RCW 80.32.070
Right of entry.
Every such corporation shall have the right to enter upon any land between the termini of the proposed lines for the purpose of examining, locating and surveying such lines, doing no unnecessary damage thereby.
[ 1961 c 14 § 80.32.070. Prior: 1899 c 94 § 2; RRS § 11085.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.32 - Electric Franchises and Rights-of-Way. › 80.32.080 - Duties of electrical companies exercising power of eminent domain.

RCW 80.32.080
Duties of electrical companies exercising power of eminent domain.
Any corporation authorized to do business in this state, which, under the present laws of the state, is authorized to condemn property for the purpose of generating and transmitting electrical power for the operation of railroads or railways, or for municipal lighting, and which by its charter or articles of incorporation, assumes the additional right to sell electric power and electric light to private consumers outside the limits of a municipality and to sell electric power to private consumers within the limits of a municipality, which shall provide in its articles that in respect of the purposes mentioned in this section it will assume and undertake to the state and to the inhabitants thereof the duties and obligations of a public service corporation, shall be deemed to be in respect of such purposes a public service corporation, and shall be held to all the duties, obligations and control, which by law are or may be imposed upon public service corporations. Any such corporation shall have the right to sell electric light outside the limits of a municipality and electric power both inside and outside such limits to private consumers from the electricity generated and transmitted by it for public purposes and not needed by it therefor: PROVIDED, That such corporation shall furnish such excess power at equal rates, quantity and conditions considered, to all consumers alike, and shall supply it to the first applicants therefor until the amount available shall be exhausted: PROVIDED FURTHER, That no such corporation shall be obliged to furnish such excess power to any one consumer to an amount exceeding twenty-five percent of the total amount of such excess power generated or transmitted by it. In exercising the power of eminent domain for public purposes it shall not be an objection thereto that a portion of the electric current generated will be applied to private purposes, provided the principal uses intended are public: PROVIDED, That all public service or quasi public service corporations shall at no time sell, deliver and dispose of electrical power in bulk to manufacturing concerns at the expense of its public service functions, and any person, firm or corporation that is a patron of such corporation as to such public function, shall have the right to apply to any court of competent jurisdiction to correct any violation of the provisions of RCW 80.32.080 through 80.32.100.
[ 1961 c 14 § 80.32.080. Prior: 1907 c 159 § 1; RRS § 5432.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.32 - Electric Franchises and Rights-of-Way. › 80.32.090 - Limitation on use of electricity.

RCW 80.32.090
Limitation on use of electricity.
Whenever any corporation has acquired any property by decree of appropriation based on proceedings in court under the provisions of RCW 80.32.080 through 80.32.100, no portion of the electricity generated or transmitted by it by means of the property appropriated under the provisions of RCW 80.32.080 through 80.32.100 shall be used or applied by such corporation for or to a business or trade not under the present laws deemed public or quasi public conducted by itself.
[ 1961 c 14 § 80.32.090. Prior: 1907 c 159 § 2; RRS § 5433.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.32 - Electric Franchises and Rights-of-Way. › 80.32.100 - Remedy for violations.

RCW 80.32.100
Remedy for violations.
In the event of the violation of any of the requirements of RCW 80.32.080 and 80.32.090 by any corporation availing itself of its provisions, an appropriate suit may be maintained in the name of the state upon the relation of the attorney general, or, if he or she shall refuse or neglect to act, upon the relation of any individual aggrieved by the violation, or violations, complained of, to compel such corporation to comply with the requirements of RCW 80.32.080 and 80.32.090. A violation of RCW 80.32.080 and 80.32.090 shall cause the forfeiture of the corporate franchise if the corporation refuses or neglects to comply with the orders with respect thereto made in the suit herein provided for.
[ 2013 c 23 § 281; 1961 c 14 § 80.32.100. Prior: 1907 c 159 § 3; RRS § 5434.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.005 - Definitions.

RCW 80.36.005
Definitions.
The definitions in this section apply throughout RCW 80.36.410 through * 80.36.475, unless the context clearly requires otherwise.
(1) "Community action agency" means local community action agencies or local community service agencies designated by the department of commerce under chapter 43.63A RCW.
(2) "Community agency" means local community agencies that administer community service voice mail programs.
(3) "Community service voice mail" means a computerized voice mail system that provides low-income recipients with: (a) An individually assigned telephone number; (b) the ability to record a personal greeting; and (c) a private security code to retrieve messages.
(4) "Department" means the department of social and health services.
(5) "Service year" means the period between July 1st and June 30th.
[ 2009 c 565 § 53; 2003 c 134 § 1; 2002 c 104 § 1; 1993 c 249 § 1.]
NOTES:
Reviser's note: *(1) RCW 80.36.475 was repealed by 2009 c 518 § 10.
(2) The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—2003 c 134: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003." [ 2003 c 134 § 12.]
Effective date—1993 c 249: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 7, 1993]." [ 1993 c 249 § 4.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.010 - Eminent domain.

RCW 80.36.010
Eminent domain.
The right of eminent domain is hereby extended to all telecommunications companies organized or doing business in this state.
[ 1985 c 450 § 15; 1961 c 14 § 80.36.010. Prior: 1890 p 292 § 1; RRS § 11338.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.020 - Right of entry.

RCW 80.36.020
Right of entry.
Every corporation incorporated under the laws of this state or any state or territory of the United States for the purpose of constructing, operating or maintaining any telecommunications line in this state shall have the right to enter upon any land between the termini of its proposed telecommunications lines for the purpose of examining, locating and surveying the telecommunications line, doing no unnecessary damage thereby.
[ 1985 c 450 § 16; 1961 c 14 § 80.36.020. Prior: 1888 p 65 § 1; RRS § 11339.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.030 - Extent of appropriation.

RCW 80.36.030
Extent of appropriation.
Such telecommunications company may appropriate so much land as may be actually necessary for its telecommunications line, with the right to enter upon lands immediately adjacent thereto, for the purpose of constructing, maintaining and operating its line and making all necessary repair. Such telecommunications company may also, for the purpose aforesaid, enter upon and appropriate such portion of the right-of-way of any railroad company as may be necessary for the construction, maintenance and operation of its telecommunications line: PROVIDED, That such appropriation shall not obstruct such railroad of the travel thereupon, nor interfere with the operation of such railroad.
[ 1985 c 450 § 17; 1961 c 14 § 80.36.030. Prior: 1888 p 66 § 2; RRS § 11342.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.040 - Use of road, street, and railroad right-of-way—When consent of city necessary.

RCW 80.36.040
Use of road, street, and railroad right-of-way—When consent of city necessary.
Any telecommunications company, or the lessees thereof, doing business in this state, shall have the right to construct and maintain all necessary telecommunications lines for public traffic along and upon any public road, street or highway, along or across the right-of-way of any railroad corporation, and may erect poles, posts, piers or abutments for supporting the insulators, wires and any other necessary fixture of their lines, in such manner and at such points as not to incommode the public use of the railroad or highway, or interrupt the navigation of the waters: PROVIDED, That when the right-of-way of such corporation has not been acquired by or through any grant or donation from the United States, or this state, or any county, city or town therein, then the right to construct and maintain such lines shall be secured only by the exercise of right of eminent domain, as provided by law: PROVIDED FURTHER, That where the right-of-way as herein contemplated is within the corporate limits of any incorporated city, the consent of the city council thereof shall be first obtained before such telecommunications lines can be erected thereon.
[ 1985 c 450 § 18; 1961 c 14 § 80.36.040. Prior: 1890 p 292 § 5; RRS § 11352.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.050 - Use of railroad right-of-way—Penalty for refusal by railroad.

RCW 80.36.050
Use of railroad right-of-way—Penalty for refusal by railroad.
Every railroad operated in this state, and carrying freight and passengers for hire, or doing business in this state, is and shall be designated a "post road," and the corporation or company owning the same shall allow telecommunications companies to construct and maintain telecommunications lines on and along the right-of-way of such railroad.
In case of the refusal or neglect of any railroad company or corporation to comply with the provisions of this section, said company or corporation shall be liable for damages in the sum of not less than one thousand dollars nor more than five thousand dollars for each offense, and one hundred dollars per day during the continuance thereof.
[ 1985 c 450 § 19; 1961 c 14 § 80.36.050. Prior: (i) 1890 p 292 § 3; RRS § 11340. (ii) 1890 p 293 § 9; RRS § 11356.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.060 - Liability for wilful injury to telecommunications property.

RCW 80.36.060
Liability for wilful injury to telecommunications property.
Any person who wilfully and maliciously does any injury to any telecommunications property mentioned in RCW 80.36.070, is liable to the company for five times the amount of actual damages sustained thereby, to be recovered in any court of competent jurisdiction.
[ 1985 c 450 § 20; 1961 c 14 § 80.36.060. Prior: 1890 p 293 § 7; RRS § 11354.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.070 - Liability for negligent injury to property—Notice of underwater cable.

RCW 80.36.070
Liability for negligent injury to property—Notice of underwater cable.
Any person who injures or destroys, through want of proper care, any necessary or useful fixtures of any telecommunications company, is liable to the company for all damages sustained thereby. Any vessel which, by dragging its anchor or otherwise, breaks, injures or destroys the subaqueous cable of a telecommunications company, subjects its owners to the damages hereinbefore specified.
No telecommunications company can recover damages for the breaking or injury of any subaqueous telecommunications cable, unless such company has previously erected on either bank of the waters under which the cable is placed, a monument indicating the place where the cable lies, and publishes for one month, in some newspaper most likely to give notice to navigators, a notice giving a description and the purpose of the monuments, and the general course, landings and termini of the cable.
[ 1985 c 450 § 21; 1961 c 14 § 80.36.070. Prior: (i) 1890 p 293 § 6; RRS § 11353. (ii) 1890 p 293 § 10; RRS § 11357.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.080 - Rates, services, and facilities.

RCW 80.36.080
Rates, services, and facilities.
All rates, tolls, contracts and charges, rules and regulations of telecommunications companies, for messages, conversations, services rendered and equipment and facilities supplied, whether such message, conversation or service to be performed be over one company or line or over or by two or more companies or lines, shall be fair, just, reasonable and sufficient, and the service so to be rendered any person, firm or corporation by any telecommunications company shall be rendered and performed in a prompt, expeditious and efficient manner and the facilities, instrumentalities and equipment furnished by it shall be safe, kept in good condition and repair, and its appliances, instrumentalities and service shall be modern, adequate, sufficient and efficient.
[ 1985 c 450 § 22; 1961 c 14 § 80.36.080. Prior: 1911 c 117 § 35, part; RRS § 10371, part.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.090 - Service to be furnished on demand.

RCW 80.36.090
Service to be furnished on demand.
Every telecommunications company operating in this state shall provide and maintain suitable and adequate buildings and facilities therein, or connected therewith, for the accommodation, comfort and convenience of its patrons and employees.
Every telecommunications company shall, upon reasonable notice, furnish to all persons and corporations who may apply therefor and be reasonably entitled thereto suitable and proper facilities and connections for telephonic communication and furnish telephone service as demanded.
[ 1985 c 450 § 23; 1961 c 14 § 80.36.090. Prior: 1911 c 117 § 35, part; RRS § 10371, part.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.100 - Tariff schedules to be filed and open to public—Exceptions.

RCW 80.36.100
Tariff schedules to be filed and open to public—Exceptions.
(1) Every telecommunications company shall file with the commission and shall print and keep open to public inspection at such points as the commission may designate, schedules showing the rates, tolls, rentals, and charges of such companies for messages, conversations and services rendered and equipment and facilities supplied for messages and services to be performed within the state between each point upon its line and all other points thereon, and between each point upon its line and all points upon every other similar line operated or controlled by it, and between each point on its line or upon any line leased, operated or controlled by it and all points upon the line of any other similar company, whenever a through service and joint rate shall have been established or ordered between any two such points.
(2) If no joint rate covering a through service has been established, the several companies in such through service shall file, print and keep open to public inspection as aforesaid the separately established rates, tolls, rentals, and charges applicable for such through service.
(3) The schedules printed as aforesaid shall plainly state the places between which telecommunications service, or both, will be rendered, and shall also state separately all charges and all privileges or facilities granted or allowed, and any rules or regulations which may in anywise change, affect or determine any of the aggregate of the rates, tolls, rentals or charges for the service rendered.
(4) A schedule shall be plainly printed in large type, and a copy thereof shall be kept by every telecommunications company readily accessible to and for convenient inspection by the public at such places as may be designated by the commission, which schedule shall state the rates charged from such station to every other station on such company's line, or on any line controlled and used by it within the state.
(a) All or any of such schedules kept as aforesaid shall be immediately produced by such telecommunications company upon the demand of any person.
(b) A notice printed in bold type, and stating that such schedules are on file and open to inspection by any person, the places where the same are kept, and that the agent will assist such person to determine from such schedules any rate, toll, rental, rule or regulation which is in force shall be kept posted by every telecommunications company in a conspicuous place in every station or office of such company.
(5) This section does not apply to telecommunications companies classified as competitive under RCW 80.36.320 or to telecommunications services classified as competitive under RCW 80.36.330.
[ 2006 c 347 § 1; 1989 c 101 § 9; 1985 c 450 § 24; 1961 c 14 § 80.36.100. Prior: 1911 c 117 § 36; RRS § 10372.]