reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.280 - Electric Utility Resource Plans. › 19.280.050 - Consumer-owned utilities.

RCW 19.280.050
Consumer-owned utilities.
(1) The governing body of a consumer-owned utility that develops a plan under this chapter shall encourage participation of its consumers in development of the plans and progress reports and approve the plans and progress reports after it has provided public notice and hearing.
(2) Each consumer-owned utility shall transmit a copy of its plan to the department by September 1, 2008, and transmit subsequent progress reports or plans to the department at least every two years thereafter. The department shall develop, in consultation with utilities, a common cover sheet that summarizes the essential data in their plans or progress reports.
(3) Consumer-owned utilities may develop plans of a similar type jointly with other consumer-owned utilities. Data and assessments included in joint reports must be identifiable to each individual utility.
(4) To minimize duplication of effort and maximize efficient use of utility resources, in developing their plans under RCW 19.280.030, consumer-owned utilities are encouraged to use resource planning concepts, techniques, and information provided to and by organizations such as the United States department of energy, the Northwest planning and conservation council, Pacific Northwest utility conference committee, and other state, regional, national, and international entities, and, for the 2008 plan, as appropriate, are encouraged to use and be consistent with relevant determinations required under Title XII - Electricity; Subtitle E, Sections 1251 - 1254 of the federal energy policy act of 2005.
[ 2006 c 195 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.280 - Electric Utility Resource Plans. › 19.280.060 - Department's duties—Report to the legislature.

RCW 19.280.060
Department's duties—Report to the legislature.
The department shall review the plans of consumer-owned utilities and investor-owned utilities, and data available from other state, regional, and national sources, and prepare an electronic report to the legislature aggregating the data and assessing the overall adequacy of Washington's electricity supply. The report shall include a statewide summary of utility load forecasts, load/resource balance, and utility plans for the development of thermal generation, renewable resources, conservation and efficiency resources, and an examination of assessment methods used by utilities to address overgeneration events. The commission shall provide the department with data summarizing the plans of investor-owned utilities for use in the department's statewide summary. The department shall submit any reports it receives of existing and potential combined heat and power facilities as reported by utilities to the Washington State University extension energy program for analysis. The department may submit its report within the biennial report required under RCW 43.21F.045.
[ 2015 3rd sp.s. c 19 § 10; 2013 c 149 § 4; 2006 c 195 § 6.]
NOTES:
Finding—Intent—2015 3rd sp.s. c 19: See note following RCW 39.35.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.280 - Electric Utility Resource Plans. › 19.280.070 - Combined heat and power systems—Valuation—Assessment.

RCW 19.280.070
Combined heat and power systems—Valuation—Assessment.
(1) The legislature finds that combined heat and power systems provide both energy and capacity resources. Failure to assess the electric output of combined heat and power systems as both an energy and a capacity resource may result in a failure to account for the total benefits of that output in its posted price.
(2) Electric utilities with over twenty-five thousand customers in the state of Washington must value, pursuant to RCW 19.280.030, combined heat and power as having both energy and capacity value by December 31, 2016, for the purposes of setting the value of power under the federal public utility regulatory policies act, establishing rates for power purchase agreements, and integrated resource planning only if an assessment of combined heat and power identifies opportunities for combined heat and power that are dispatchable and that may provide capacity value.
[ 2015 3rd sp.s. c 19 § 6.]
NOTES:
Finding—Intent—2015 3rd sp.s. c 19: See note following RCW 39.35.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.280 - Electric Utility Resource Plans. › 19.280.080 - Combined heat and power systems—Power purchase agreements.

RCW 19.280.080
Combined heat and power systems—Power purchase agreements.
(1) The legislature finds that power purchase agreements of a minimum of fifteen years for the electric output of combined heat and power systems may be advantageous to both electric utilities and the owners or operators of combined heat and power systems.
(2) Electric utilities with over twenty-five thousand customers in the state of Washington are encouraged to offer a minimum term of fifteen years for new power purchase agreements for the electric output of combined heat and power systems beginning December 31, 2016.
(3) The commission may authorize recovery of the actual cost of fuel incurred by an electrical company under a power purchase agreement for the electric output of a combined heat and power system.
(4) The governing body of a consumer-owned utility that offers a fifteen-year minimum term for a power purchase agreement for the electric output of a combined heat and power system may, every five years after signing the agreement, initiate a fuel cost adjustment process in order to recover the actual cost of fuel incurred by the consumer-owned utility under a power purchase agreement under this section.
[ 2015 3rd sp.s. c 19 § 7.]
NOTES:
Finding—Intent—2015 3rd sp.s. c 19: See note following RCW 39.35.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.280 - Electric Utility Resource Plans. › 19.280.090 - Combined heat and power systems—Report to the legislature.

RCW 19.280.090
Combined heat and power systems—Report to the legislature.
The Washington State University extension energy program may electronically submit an annual report to the appropriate legislative committees on the planned and completed combined heat and power facilities in the state, including but not limited to the following information: Number, size, and customer base of combined heat and power installations in the state; projects that have been publicly considered but have not been developed; and recommendations to further attain the goal of improving thermal energy efficiency.
[ 2015 3rd sp.s. c 19 § 11.]
NOTES:
Finding—Intent—2015 3rd sp.s. c 19: See note following RCW 39.35.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.280 - Electric Utility Resource Plans. › 19.280.110 - Transmission services—Consideration to conditional firm service.

RCW 19.280.110
Transmission services—Consideration to conditional firm service.
(1) Electric utilities must in their planning and selection of renewable resources give reasonable consideration, consistent with prudent utility practice, to renewable resources that would use transmission services considered to be conditional firm under the tariff of the relevant transmission provider. For the purposes of this section, conditional firm service means any form of long-term firm point-to-point transmission service in which transmission customers are able to reserve service subject to specific and limited conditions under which the transmission provider may curtail the transmission customer's reservation of service prior to curtailment of other firm service.
(2) Electric utilities are encouraged to participate and contribute to statewide or multiutility planning activities and through interstate transmission planning processes.
(3) Electric utilities must consult with federal, interstate, and voluntary industry organizations with a role in the bulk power transmission system, including but not limited to the Bonneville power administration, the Pacific Northwest electric power and conservation planning council, NorthernGrid, the Western Power Pool, and public interest organizations in improving the planning and development of transmission capacity consistent with chapter 229, Laws of 2023.
[ 2023 c 229 § 3.]
NOTES:
Finding—Intent—2023 c 229: See note following RCW 19.280.030.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.285 - Energy Independence Act. › 19.285.010 - Intent.

RCW 19.285.010
Intent.
This chapter concerns requirements for new energy resources. This chapter requires large utilities to obtain fifteen percent of their electricity from new renewable resources such as solar and wind by 2020 and undertake cost-effective energy conservation.
[ 2007 c 1 § 1 (Initiative Measure No. 937, approved November 7, 2006).]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.285 - Energy Independence Act. › 19.285.020 - Declaration of policy.

RCW 19.285.020
Declaration of policy.
Increasing energy conservation and the use of appropriately sited renewable energy facilities builds on the strong foundation of low-cost renewable hydroelectric generation in Washington state and will promote energy independence in the state and the Pacific Northwest region. Making the most of our plentiful local resources will stabilize electricity prices for Washington residents, provide economic benefits for Washington counties and farmers, create high quality jobs in Washington, provide opportunities for training apprentice workers in the renewable energy field, protect clean air and water, and position Washington state as a national leader in clean energy technologies.
[ 2007 c 1 § 2 (Initiative Measure No. 937, approved November 7, 2006).]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.285 - Energy Independence Act. › 19.285.045 - Energy conservation and renewable energy targets—Analysis and advisory opinion.

RCW 19.285.045
Energy conservation and renewable energy targets—Analysis and advisory opinion.
(1) When requested by a consumer-owned qualifying utility or by a person proposing an electric generation project or conservation resource, the department is authorized to and shall provide analysis and an advisory opinion on whether a proposed electric generation project or conservation resource qualifies to meet a target under RCW 19.285.040. The advisory opinion must include a legal analysis. When forming its advisory opinion, the department must: (a) Consider, and may rely on, previous opinions issued by the I-937 technical working group established by the commission and the department; and (b) solicit and consider comments from interested parties, including staff of the requesting utility. The department must give priority to any application regarding an electric generation project or conservation resource that previously received an affirmative advisory opinion from the I-937 technical working group.
(2) Consumer-owned qualifying utilities and persons proposing electric generation projects or conservation resources may apply for an advisory opinion from the department. The application must be in writing and must include information that accurately describes the proposed project or resource. Within ninety days of receiving an application, the director of the department must issue a signed advisory opinion on whether the proposed project or resource qualifies to meet a target under RCW 19.285.040. The governing board of the consumer-owned utility that will use the resource or project must either adopt or reject the advisory opinion after public notice and hearing. Under its responsibilities in RCW 19.285.060, the auditor shall consider any project or resource reviewed and adopted under the process in this section as being in compliance with RCW 19.285.040 and 19.285.060, but only if: (a) The advisory opinion affirmatively qualifies the project or resource; (b) the governing board of the consumer-owned utility that will use the project or resource adopts the advisory opinion after public notice and hearing; and (c) the project or resource is built or acquired as proposed.
(3) The department may require an applicant to pay an application fee to cover the cost of reviewing the project and preparing an advisory opinion.
(4) An electric generation project reviewed and adopted under this section may produce renewable energy credits as defined in RCW 19.285.030.
(5) The department may adopt rules to implement this section.
(6) Nothing in this section preempts the authority of any governing board of a consumer-owned utility from making a determination, independent of the process in this section, on whether a proposed electric generation project or conservation resource may qualify to meet a target under RCW 19.285.040.
[ 2012 c 254 § 1.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.285 - Energy Independence Act. › 19.285.050 - Resource costs.

RCW 19.285.050
Resource costs.
(1)(a) A qualifying utility shall be considered in compliance with an annual target created in RCW 19.285.040(2) for a given year if the utility invested four percent of its total annual retail revenue requirement on the incremental costs of eligible renewable resources, the cost of renewable energy credits, or a combination of both, but a utility may elect to invest more than this amount.
(b) The incremental cost of an eligible renewable resource is calculated as the difference between the levelized delivered cost of the eligible renewable resource, regardless of ownership, compared to the levelized delivered cost of an equivalent amount of reasonably available substitute resources that do not qualify as eligible renewable resources, where the resources being compared have the same contract length or facility life.
(2) An investor-owned utility is entitled to recover all prudently incurred costs associated with compliance with this chapter. The commission shall address cost recovery issues of qualifying utilities that are investor-owned utilities that serve both in Washington and in other states in complying with this chapter.
[ 2007 c 1 § 5 (Initiative Measure No. 937, approved November 7, 2006).]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.285 - Energy Independence Act. › 19.285.070 - Reporting and public disclosure.

RCW 19.285.070
Reporting and public disclosure.
(1) On or before June 1, 2012, and annually thereafter, each qualifying utility shall report to the department on its progress in the preceding year in meeting the targets established in RCW 19.285.040, including expected electricity savings from the biennial conservation target, expenditures on conservation, actual electricity savings results, the utility's annual load for the prior two years, the amount of megawatt-hours needed to meet the annual renewable energy target, the amount of megawatt-hours of each type of eligible renewable resource acquired, the type and amount of renewable energy credits acquired, and the percent of its total annual retail revenue requirement invested in the incremental cost of eligible renewable resources and the cost of renewable energy credits. For each year that a qualifying utility elects to demonstrate alternative compliance under RCW 19.285.040(2) (d) or (i) or 19.285.050(1), it must include in its annual report relevant data to demonstrate that it met the criteria in that section. A qualifying utility may submit its report to the department in conjunction with its annual obligations in chapter 19.29A RCW.
(2) A qualifying utility that is an investor-owned utility shall also report all information required in subsection (1) of this section to the commission, and all other qualifying utilities shall also make all information required in subsection (1) of this section available to the auditor.
(3) A qualifying utility shall also make reports required in this section available to its customers.
[ 2007 c 1 § 7 (Initiative Measure No. 937, approved November 7, 2006).]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.285 - Energy Independence Act. › 19.285.080 - Rule making.

RCW 19.285.080
Rule making.
(1) The commission may adopt rules to ensure the proper implementation and enforcement of this chapter as it applies to investor-owned utilities.
(2) The department shall adopt rules concerning only process, timelines, and documentation to ensure the proper implementation of this chapter as it applies to qualifying utilities that are not investor-owned utilities. Those rules include, but are not limited to, rules associated with a qualifying utility's development of conservation targets under RCW 19.285.040(1); a qualifying utility's decision to pursue alternative compliance in RCW 19.285.040(2) (d) or (i) or 19.285.050(1); the format and content of reports required in RCW 19.285.070; and the development of a methodology for calculating baseline levels of generation under RCW 19.285.030(12)(f). Nothing in this subsection may be construed to restrict the rate-making authority of the commission or a qualifying utility as otherwise provided by law.
(3) The commission and department may coordinate in developing rules related to process, timelines, and documentation that are necessary for implementation of this chapter.
(4) Pursuant to the administrative procedure act, chapter 34.05 RCW, rules needed for the implementation of this chapter must be adopted by December 31, 2007. These rules may be revised as needed to carry out the intent and purposes of this chapter.
[ 2017 c 315 § 3; 2007 c 1 § 8 (Initiative Measure No. 937, approved November 7, 2006).]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.285 - Energy Independence Act. › 19.285.900 - Construction—2007 c 1 (Initiative Measure No. 937).

RCW 19.285.900
Construction—2007 c 1 (Initiative Measure No. 937).
The provisions of this chapter are to be liberally construed to effectuate the intent, policies, and purposes of this chapter.
[ 2007 c 1 § 9 (Initiative Measure No. 937, approved November 7, 2006).]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.285 - Energy Independence Act. › 19.285.902 - Short title—2007 c 1 (Initiative Measure No. 937).

RCW 19.285.902
Short title—2007 c 1 (Initiative Measure No. 937).
This chapter may be known and cited as the energy independence act.
[ 2007 c 1 § 11 (Initiative Measure No. 937, approved November 7, 2006).]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.290 - Metal Property. › 19.290.040 - Scrap metal businesses—Record of commercial accounts.

RCW 19.290.040
Scrap metal businesses—Record of commercial accounts.
(1) Every scrap metal business must create and maintain a permanent record with a commercial enterprise, including another scrap metal business, in order to establish a commercial account. That record, at a minimum, must include the following information:
(a) The full name of the commercial enterprise or commercial account;
(b) The business address and telephone number of the commercial enterprise or commercial account; and
(c) The full name of the person employed by the commercial enterprise who is authorized to deliver private metal property, nonferrous metal property, and commercial metal property to the scrap metal business.
(2) The record maintained by a scrap metal business for a commercial account must document every purchase or receipt of private metal property, nonferrous metal property, and commercial metal property from the commercial enterprise. The record must be maintained for three years following the date of the transfer or receipt. The documentation must include, at a minimum, the following information:
(a) The time, date, and value of the property being purchased or received;
(b) A description of the predominant types of property being purchased or received; and
(c) The signature of the person delivering the property to the scrap metal business.
[ 2013 c 322 § 7; 2008 c 233 § 4; 2007 c 377 § 4.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.290 - Metal Property. › 19.290.050 - Reports to law enforcement—Records exempt from public disclosure—Private civil liability.

RCW 19.290.050
Reports to law enforcement—Records exempt from public disclosure—Private civil liability.
(1) Upon request by any commissioned law enforcement officer of the state or any of its political subdivisions, every scrap metal business shall furnish a full, true, and correct transcript of the records from the purchase or receipt of private metal property, nonferrous metal property, and commercial metal property involving only a specified individual, vehicle, or item of private metal property, nonferrous metal property, or commercial metal property. This information may be transmitted within a specified time of not less than two business days to the applicable law enforcement agency electronically, by facsimile transmission, or by modem or similar device, or by delivery of computer disk subject to the requirements of, and approval by, the chief of police or the county's chief law enforcement officer.
(2) Any records created or produced under this section are exempt from disclosure under chapter 42.56 RCW.
(3) If the scrap metal business has good cause to believe that any private metal property, nonferrous metal property, or commercial metal property in his or her possession has been previously lost or stolen, the scrap metal business shall promptly report that fact to the applicable commissioned law enforcement officer of the state, the chief of police, or the county's chief law enforcement officer, together with the name of the owner, if known, and the date when and the name of the person from whom it was received.
(4) Compliance with this section shall not give rise to or form the basis of private civil liability on the part of a scrap metal business or scrap metal recycler.
[ 2013 c 322 § 8; 2008 c 233 § 5; 2007 c 377 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.290 - Metal Property. › 19.290.060 - Stolen metal property—Preserving evidence.

RCW 19.290.060
Stolen metal property—Preserving evidence.
(1) Following notification in writing from a commissioned law enforcement officer of the state or any of its political subdivisions that an item of private metal property, nonferrous metal property, or commercial metal property has been reported as stolen, a scrap metal business shall hold that property intact and safe from alteration, damage, or commingling, and shall place an identifying tag or other suitable identification upon the property. The scrap metal business shall hold the property for a period of time as directed by the applicable law enforcement agency up to a maximum of ten business days.
(2) A commissioned law enforcement officer of the state or any of its political subdivisions shall not place on hold any item of private metal property, nonferrous metal property, or commercial metal property unless that law enforcement agency reasonably suspects that the property is a lost or stolen item. Any hold that is placed on the property must be removed within ten business days after the property on hold is determined not to be stolen or lost and the property must be returned to the owner or released.
[ 2013 c 322 § 9; 2008 c 233 § 6; 2007 c 377 § 6.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.290 - Metal Property. › 19.290.080 - Civil penalties.

RCW 19.290.080
Civil penalties.
(1) Each violation of the requirements of this chapter that are not subject to the criminal penalties under *RCW 19.290.070 shall be punishable, upon conviction, by a fine of not more than one thousand dollars.
(2) Within two years of being convicted of a violation of any of the requirements of this chapter that are not subject to the criminal penalties under *RCW 19.290.070, each subsequent violation shall be punishable, upon conviction, by a fine of not more than two thousand dollars.
[ 2007 c 377 § 8.]
NOTES:
*Reviser's note: RCW 19.290.070 was recodified as RCW 9A.56.410 pursuant to 2022 c 221 § 10.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.290 - Metal Property. › 19.290.090 - Exemptions from chapter.

RCW 19.290.090
Exemptions from chapter.
The provisions of this chapter do not apply to transactions involving metal from the components of vehicles acquired by vehicle wreckers, hulk haulers, or scrap processors licensed under chapter 46.79 or 46.80 RCW, and acquired in accordance with those laws or transactions conducted by the following:
(1) Motor vehicle dealers licensed under chapter 46.70 RCW;
(2) Persons in the business of operating an automotive repair facility as defined under RCW 46.71.011; and
(3) Persons in the business of buying or selling empty food and beverage containers, including metal food and beverage containers.
[ 2013 c 322 § 11; 2008 c 233 § 8; 2007 c 377 § 9.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.290 - Metal Property. › 19.290.100 - Scrap metal license—Penalties.

RCW 19.290.100
Scrap metal license—Penalties.
(1) It is unlawful for a person to engage in the business of a scrap metal processor, scrap metal recycler, or scrap metal supplier without having first applied for and received a scrap metal license.
(2)(a) Except as provided in (b) of this subsection, a person or firm engaged in the unlawful activity described in this section is guilty of a gross misdemeanor.
(b) A second or subsequent offense is a class C felony.
[ 2013 c 322 § 12.]
NOTES:
Effective date—2013 c 322 §§ 12-23: "Sections 12 through 23 of this act take effect January 1, 2014." [ 2013 c 322 § 35.]
Implementation—2013 c 322 §§ 12-23: "The director of the department of licensing may take the necessary steps to ensure that sections 12 through 23 of this act are implemented on January 1, 2014." [ 2013 c 322 § 36.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.290 - Metal Property. › 19.290.110 - Scrap metal license—Application, renewal—Required information.

RCW 19.290.110
Scrap metal license—Application, renewal—Required information.
Application for a scrap metal license or renewal of a scrap metal license shall be made on a form for this purpose, furnished by the department of licensing, and shall be signed by the license holder or his or her authorized agent and shall include the following information:
(1) Name and address of the person, firm, partnership, association, limited liability company, or corporation under which name the business is to be conducted;
(2) Names and residence address of all persons having an interest in the business or, if the owner is a corporation, the names and addresses of the officers thereof;
(3) Certificate of approval of the chief executive officer or chief of police, or a designee, if the application is for a license within an incorporated city or town or, in any unincorporated area, the county legislative authority, the sheriff, or a designee, certifying that:
(a) The applicant has an established place of business at the address shown on the application;
(b) There are no known environmental, building code, zoning, or other land use regulation violations associated with the business being located at the address; and
(c) In the case of a renewal of a scrap metal license, the applicant is in compliance with this chapter: PROVIDED, That an authorized representative of the department of licensing may make the certification described in this section in any instance;
(4) Any other information that the department of licensing may require.
[ 2013 c 322 § 13.]
NOTES:
Effective date—Implementation—2013 c 322 §§ 12-23: See notes following RCW 19.290.100.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.290 - Metal Property. › 19.290.120 - Scrap metal license application—Department of licensing to issue license—Display of certificate.

RCW 19.290.120
Scrap metal license application—Department of licensing to issue license—Display of certificate.
The application, together with the required fee, shall be forwarded to the department of licensing. Upon receipt of the application the department shall, if the application is in order, issue a scrap metal license authorizing the processor, recycler, or supplier to do business as such and forward the fee to the state treasurer. Upon receiving the certificate, the owner shall cause it to be prominently displayed in the place of business, where it may be inspected by an investigating officer at any time. Every license must be issued in the name of the applicant and the holder thereof may not allow any other person to use the license.
[ 2013 c 322 § 14.]
NOTES:
Effective date—Implementation—2013 c 322 §§ 12-23: See notes following RCW 19.290.100.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.290 - Metal Property. › 19.290.130 - Scrap metal license—Surety bond—Action for recovery.

RCW 19.290.130
Scrap metal license—Surety bond—Action for recovery.
Before issuing a scrap metal license to a scrap metal processor or scrap metal recycler, the department of licensing shall require the applicant to file with the department a surety bond in the amount of ten thousand dollars, running to the state of Washington, and executed by a surety company authorized to do business in the state of Washington. The bond shall be approved as to form by the attorney general and conditioned upon the licensee conducting the business in conformity with the provisions of this chapter. Except as prohibited elsewhere in this chapter, any person who has suffered loss or damage by reason of fraud or gross negligence, or an intentional or reckless violation of the terms of this chapter, or misrepresentation on the part of the scrap metal processor or recycler, may institute an action for recovery against the licensee and surety upon the bond. However, the aggregate liability of the surety to all persons shall in no event exceed the amount of the bond.
[ 2013 c 322 § 15.]
NOTES:
Effective date—Implementation—2013 c 322 §§ 12-23: See notes following RCW 19.290.100.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.290 - Metal Property. › 19.290.140 - Scrap metal license—Renewal—Surrender of license.

RCW 19.290.140
Scrap metal license—Renewal—Surrender of license.
A license issued on the scrap metal license application remains in force until suspended or revoked and may be renewed annually upon reapplication and upon payment of the required fee. A licensee who fails or neglects to renew the license before the assigned expiration date shall pay the fee for an original scrap metal license as provided in this chapter.
Whenever a scrap metal processor, recycler, or supplier ceases to do business as such or the license has been suspended or revoked, the licensee shall immediately surrender the license to the department of licensing.
[ 2013 c 322 § 16.]
NOTES:
Effective date—Implementation—2013 c 322 §§ 12-23: See notes following RCW 19.290.100.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.290 - Metal Property. › 19.290.150 - License plates—Fee.

RCW 19.290.150
License plates—Fee.
The licensee shall obtain a special set of license plates in addition to the regular licenses and plates required for the operation of such vehicles. The special plates must be displayed on vehicles owned and/or operated by the licensee and used in the conduct of the business. The fee for these plates shall be five dollars for the original plates and two dollars for each additional set of plates bearing the same license number. A licensee with more than one licensed location in the state may use special plates bearing the same license number for vehicles operated out of any of the licensed locations.
[ 2013 c 322 § 17.]
NOTES:
Effective date—Implementation—2013 c 322 §§ 12-23: See notes following RCW 19.290.100.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.290 - Metal Property. › 19.290.160 - Uniform regulation of business and professions act.

RCW 19.290.160
Uniform regulation of business and professions act.
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 2013 c 322 § 18.]
NOTES:
Effective date—Implementation—2013 c 322 §§ 12-23: See notes following RCW 19.290.100.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.290 - Metal Property. › 19.290.170 - Cancellation of scrap metal license—Refusal of issuance.

RCW 19.290.170
Cancellation of scrap metal license—Refusal of issuance.
If a person whose scrap metal license has previously been canceled for cause by the department of licensing files an application for a license to conduct business as a scrap metal processor, recycler, or supplier, or if the department is of the opinion that the application is not filed in good faith or that the application is filed by some person as a subterfuge for the real person in interest whose license has previously been canceled for cause, the department may refuse to issue the person a license to conduct business as a scrap metal processor, recycler, or supplier.
[ 2013 c 322 § 19.]
NOTES:
Effective date—Implementation—2013 c 322 §§ 12-23: See notes following RCW 19.290.100.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.290 - Metal Property. › 19.290.180 - Director of licensing authorized to adopt rules and regulations, set license and renewal fees.

RCW 19.290.180
Director of licensing authorized to adopt rules and regulations, set license and renewal fees.
(1) The director of licensing is hereby authorized to adopt reasonable rules and regulations not in conflict with provisions hereof for the proper operation and enforcement of this chapter.
(2) The director shall set all license and renewal fees in accordance with RCW 43.24.086.
[ 2013 c 322 § 20.]
NOTES:
Effective date—Implementation—2013 c 322 §§ 12-23: See notes following RCW 19.290.100.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.290 - Metal Property. › 19.290.190 - Inspection of licensed premises and records—Certificate of inspection.

RCW 19.290.190
Inspection of licensed premises and records—Certificate of inspection.
The chiefs of police, the county sheriffs, and the Washington state patrol may make periodic inspection of the licensee's licensed premises and records provided for in this chapter during normal business hours, and furnish a certificate of inspection to the department of licensing in such manner as may be determined by the department. In any instance, an authorized representative of the department may make the inspection. Licensees are subject to unannounced periodic inspections, as described in this section.
[ 2013 c 322 § 21.]
NOTES:
Effective date—Implementation—2013 c 322 §§ 12-23: See notes following RCW 19.290.100.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.290 - Metal Property. › 19.290.200 - State preemption.

RCW 19.290.200
State preemption.
The state of Washington hereby fully occupies and preempts the entire field of regulation of scrap metal processors, recyclers, or suppliers within the boundaries of the state. Any political subdivision in this state may enact or enforce only those laws and ordinances relating to the regulation of scrap metal processors, recyclers, or suppliers that are specifically authorized by state law and are consistent with this chapter. Nothing in this chapter is intended to limit the authority of any political subdivision to impose generally applicable zoning, land use, permitting, general business licensing, environmental, and health and safety requirements or authorized business taxes upon scrap metal processors, recyclers, or suppliers within their jurisdictions. Local ordinances pertaining specifically to scrap metal processors, recyclers, or suppliers shall have the same or lesser penalty as provided for by state law. Local scrap metal laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are hereby preempted and repealed, regardless of the code, charter, or home rule status of such political subdivision.
[ 2013 c 322 § 22.]
NOTES:
Effective date—Implementation—2013 c 322 §§ 12-23: See notes following RCW 19.290.100.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.290 - Metal Property. › 19.290.210 - Subpoenas.

RCW 19.290.210
Subpoenas.
(1) In addition to the powers granted in chapter 18.235 RCW, the department of licensing or its authorized agent may examine or subpoena any persons, books, papers, records, data, vehicles, or metal property bearing upon the investigation or proceeding under this chapter.
(2) The persons subpoenaed may be required to testify and produce any books, papers, records, data, vehicles, or metal property that the director of licensing deems relevant or material to the inquiry.
(3) The director of the department of licensing or an authorized agent may administer an oath to the person required to testify, and a person giving false testimony after the administration of the oath is guilty of perjury in the first degree under RCW 9A.72.020.
(4)(a) Any authorized representative of the director of the department of licensing may apply for and obtain a superior court order approving and authorizing a subpoena in advance of its issuance. The application may be made in the county where the subpoenaed person resides or is found, or the county where the subpoenaed records or documents are located, or in Thurston county. The application must:
(i) State that an order is sought pursuant to this subsection;
(ii) Adequately specify the records, documents, or testimony; and
(iii) Declare under oath that an investigation is being conducted for a lawfully authorized purpose related to an investigation within the department's authority and that the subpoenaed documents or testimony are reasonably related to an investigation within the department's authority.
(b) Where the application under this subsection is made to the satisfaction of the court, the court must issue an order approving the subpoena. An order under this subsection constitutes authority of law for the agency to subpoena the records or testimony.
(c) Any authorized representative of the director of the department of licensing may seek approval and a court may issue an order under this subsection without prior notice to any person, including the person to whom the subpoena is directed and the person who is the subject of an investigation.
(5) Any records created or produced under this section are exempt from disclosure under chapter 42.56 RCW.
[ 2013 c 322 § 23.]
NOTES:
Effective date—Implementation—2013 c 322 §§ 12-23: See notes following RCW 19.290.100.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.290 - Metal Property. › 19.290.220 - Scrap theft alert system.

RCW 19.290.220
Scrap theft alert system.
(1) Law enforcement agencies may register with the scrap theft alert system that is maintained and provided at no charge to users by the institute of scrap recycling industries, incorporated, or its successor organization, to receive alerts regarding thefts of private, nonferrous, or commercial metal property in the relevant geographic area.
(2) Any business licensed under this chapter shall:
(a) Sign up with the scrap theft alert system that is maintained and provided at no charge to users by the institute of scrap recycling industries, incorporated, or its successor organization, to receive alerts regarding thefts of private, nonferrous, or commercial metal property in the relevant geographic area;
(b) Download the scrap metal theft alerts generated by the scrap theft alert system on a daily basis;
(c) Use the alerts to identify potentially stolen commercial metal property, nonferrous metal property, and private metal property; and
(d) Maintain for ninety days copies of any theft alerts received and downloaded pursuant to this section.
[ 2013 c 322 § 25.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.290 - Metal Property. › 19.290.240 - Chapter to be liberally construed.

RCW 19.290.240
Chapter to be liberally construed.
The provisions of this chapter shall be liberally construed to the end that traffic in stolen private metal property or nonferrous metal property may be prevented, and irresponsible, unreliable, or dishonest persons may be prevented from engaging in the business of processing, recycling, or supplying scrap metal in this state and reliable persons may be encouraged to engage in businesses of processing, recycling, or supplying scrap metal in this state.
[ 2013 c 322 § 28.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.290 - Metal Property. › 19.290.250 - No-buy list database program—Scrap metal business to determine if customer is listed.

RCW 19.290.250
No-buy list database program—Scrap metal business to determine if customer is listed.
A scrap metal business shall, before completing any transaction under this chapter, determine whether such customer is listed in the Washington association of sheriffs and police chiefs no-buy list database program established and made available under RCW 43.43.885.
[ 2013 c 322 § 32.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.295 - Estate Distribution Documents. › 19.295.005 - Findings—Intent.

RCW 19.295.005
Findings—Intent.
The legislature finds the practice of using "living trusts" as a marketing tool by persons who are not authorized to practice law, who are not acting directly under the supervision of a person authorized to practice law, who are not a financial institution, or who are not properly credentialed and regulated professionals as specified under RCW 19.295.020 (5) and (6) for purposes of gathering information for the preparation of an estate distribution document to be a deceptive means of obtaining personal asset information and of developing and generating leads for sales to senior citizens. The legislature further finds that this practice endangers the financial security of consumers and may frustrate their estate planning objectives. Therefore, the legislature intends to prohibit the marketing of services related to preparation of estate distribution documents by persons who are not authorized to practice law or who are not a financial institution.
This chapter is not intended to limit consumers from obtaining legitimate estate planning documents, including "living trusts," from those authorized to practice law; but is intended to prohibit persons not licensed to engage in the practice of law from the unscrupulous practice of marketing legal documents as a means of targeting senior citizens for financial exploitation.
[ 2009 c 113 § 1; 2007 c 67 § 1.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.295 - Estate Distribution Documents. › 19.295.010 - Definitions.

RCW 19.295.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Estate distribution document" means any one or more of the following documents, instruments, or writings prepared, or intended to be prepared, for a specific person or as marketing materials for distribution to any person, other than documents, instruments, writings, or marketing materials relating to a payable on death account established under *RCW 30.22.040(9) or a transfer on death account established under chapter 21.35 RCW:
(a) Last will and testament or any writing, however designated, that is intended to have the same legal effect as a last will and testament, and any codicil thereto;
(b) Revocable and irrevocable inter vivos trusts and any instrument which purports to transfer any of the trustor's current and/or future interest in real or personal property thereto;
(c) Agreement that fixes the terms and provisions of the sale of a decedent's interest in any real or personal property at or following the date of the decedent's death.
(2) "Financial institution" means a bank holding company registered under federal law, a bank, trust company, mutual savings bank, savings bank, savings and loan association or credit union organized under state or federal law, or any affiliate, subsidiary, officer, or employee of a financial institution.
(3) "Gathering information for the preparation of an estate distribution document" means collecting data, facts, figures, records, and other particulars about a specific person or persons for the preparation of an estate distribution document, but does not include the collection of such information for clients in the customary and usual course of financial, tax, and associated planning by a certificate holder or licensee regulated under chapter 18.04 RCW.
(4) "Market" or "marketing" includes every offer, contract, or agreement to prepare or gather information for the preparation of, or to provide, individualized advice about an estate distribution document.
(5) "Person" means any natural person, corporation, partnership, limited liability company, firm, or association.
[ 2009 c 113 § 2; 2008 c 161 § 1; 2007 c 67 § 2.]
NOTES:
Reviser's note: *(1) RCW 30.22.040 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (9) to subsection (18). RCW 30.22.040 was recodified as RCW 30A.22.040 pursuant to 2014 c 37 § 4, effective January 5, 2015.
(2) The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.295 - Estate Distribution Documents. › 19.295.020 - Marketing of estate distribution documents—Exemptions from chapter.

RCW 19.295.020
Marketing of estate distribution documents—Exemptions from chapter.
(1) Except as provided in subsection (2) of this section, it is unlawful for a person to market estate distribution documents, directly or indirectly, in or from this state unless the person is authorized to practice law in this state.
(2) A person employed by someone authorized to practice law in this state may gather information for, or assist in the preparation of, estate distribution documents as long as that person does not provide any legal advice.
(3) This chapter applies to any person who markets estate distribution documents in or from this state. Marketing occurs in this state, whether or not either party is then present in this state, if the offer originates in this state or is directed into this state or is received or accepted in this state.
(4) This chapter does not apply to any financial institution.
(5) This chapter does not apply to a certificate holder or licensee regulated under chapter 18.04 RCW for purposes of gathering information for the preparation of an estate distribution document.
(6) This chapter does not apply to an individual who is an enrolled agent enrolled to practice before the internal revenue service pursuant to Treasury Department Circular No. 230 for purposes of gathering information for the preparation of an estate distribution document.
[ 2009 c 113 § 3; 2007 c 67 § 3.]