reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.44 - State Fire Protection. › 43.44.050 - Reports and investigation of fires—Police powers.

RCW 43.44.050
Reports and investigation of fires—Police powers.
(1) The responsibility for investigating the origin, cause, circumstances, and extent of loss of all fires shall be assigned as follows:
(a) Within any city or town, the chief of the fire department;
(b) Within unincorporated areas of a county, the county fire marshal, or other fire official so designated by the county legislative authority.
(2) No fire marshal, or other person, may enter the scene of an emergency until permitted by the officer in charge of the emergency incident.
(3) Nothing shall prevent any city, town, county, or fire protection district, or any combination thereof, from entering into interlocal agreements to meet the responsibility required by this section.
(4) When any fire investigation indicates that the cause of the fire is determined to be suspicious or criminal in nature, the person responsible for the fire investigation shall immediately report the results of said investigation to the local law enforcement agency and the chief of the Washington state patrol, through the state fire marshal.
(5) In addition to the responsibility imposed by this section, any law enforcement agency, sheriff, or chief of police may assist in the investigation of the origin, cause, circumstances, and extent of loss of all fires within his or her respective jurisdiction.
(6) The chief of the Washington state patrol, through the director of fire protection or his or her deputy, may investigate any fire for the purpose of determining its cause, origin, and the extent of the loss. The chief of the Washington state patrol, through the director of fire protection or his or her deputy, shall assist in the investigation of those fires of criminal, suspected, or undetermined cause when requested by the reporting agency. In the investigation of any fire of criminal, suspected, or undetermined cause, the chief of the Washington state patrol and the director of fire protection or his or her deputy, are vested with police powers to enforce the laws of this state. To exercise these powers, authorized deputies must receive prior written authorization from the chief of the Washington state patrol, through the director of fire protection, and shall have completed a course of training prescribed by the Washington state criminal justice training commission.
[ 1996 c 161 § 1; 1995 c 369 § 28; 1986 c 266 § 71; 1985 c 470 § 21; 1981 c 104 § 1; 1980 c 181 § 1; 1947 c 79 § .33.06; Rem. Supp. 1947 § 45.33.06. Formerly RCW 48.48.060.]
NOTES:
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—Effective date—1985 c 470: See notes following RCW 43.44.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.44 - State Fire Protection. › 43.44.070 - Examination of witnesses.

RCW 43.44.070
Examination of witnesses.
In the conduct of any investigation into the cause, origin, or loss resulting from any fire, the chief of the Washington state patrol and the director of fire protection shall have the same power and rights relative to securing the attendance of witnesses and the taking of testimony under oath as is conferred upon the insurance commissioner under RCW 48.03.070. False swearing by any such witness shall be deemed to be perjury and shall be subject to punishment as such.
[ 1995 c 369 § 30; 1986 c 266 § 73; 1985 c 470 § 23; 1947 c 79 § .33.07; Rem. Supp. 1947 § 45.33.07. Formerly RCW 48.48.070.]
NOTES:
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—Effective date—1985 c 470: See notes following RCW 43.44.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.44 - State Fire Protection. › 43.44.080 - Criminal prosecutions.

RCW 43.44.080
Criminal prosecutions.
If as the result of any such investigation, or because of any information received, the chief of the Washington state patrol, through the director of fire protection, is of the opinion that there is evidence sufficient to charge any person with any crime, he or she may cause such person to be arrested and charged with such offense, and shall furnish to the prosecuting attorney of the county in which the offense was committed, the names of witnesses and all pertinent and material evidence and testimony within his or her possession relative to the offense.
[ 1995 c 369 § 31; 1986 c 266 § 74; 1985 c 470 § 24; 1947 c 79 § .33.08; Rem. Supp. 1947 § 45.33.08. Formerly RCW 48.48.080.]
NOTES:
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—Effective date—1985 c 470: See notes following RCW 43.44.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.44 - State Fire Protection. › 43.44.090 - Record of fires.

RCW 43.44.090
Record of fires.
The chief of the Washington state patrol, through the director of fire protection, shall keep on file all reports of fires made to him or her pursuant to this code. Such records shall at all times during business hours be open to public inspection; except, that any testimony taken in a fire investigation may, in the discretion of the chief of the Washington state patrol, through the director of fire protection, be withheld from public scrutiny. The chief of the Washington state patrol, through the director of fire protection, may destroy any such report after five years from its date.
[ 1995 c 369 § 32; 1986 c 266 § 75; 1985 c 470 § 25; 1947 c 79 § .33.09; Rem. Supp. 1947 § 45.33.09. Formerly RCW 48.48.090.]
NOTES:
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—Effective date—1985 c 470: See notes following RCW 43.44.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.44 - State Fire Protection. › 43.44.115 - Smoke detection device awareness account.

RCW 43.44.115
Smoke detection device awareness account.
The smoke detection device awareness account is created in the custody of the state treasurer. All receipts from fines imposed pursuant to RCW 43.44.110(5) must be deposited into the account. Expenditures from the account may be used only for the purposes of raising public awareness of owners and tenants' duties pertaining to smoke detection devices under RCW 43.44.110 and of the danger to life and property resulting from a failure to comply with those duties and for administrative costs related to enforcement of the fine created in RCW 43.44.110(5)(b). Only the Washington state patrol, through the director of fire protection or the director of fire protection's authorized deputy, may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2019 c 455 § 2.]
NOTES:
Short title—2019 c 455: See note following RCW 43.44.110.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.44 - State Fire Protection. › 43.44.120 - Premises with guard animals—Registration, posting—Acts permitted firefighters—Liability for injury to firefighters.

RCW 43.44.120
Premises with guard animals—Registration, posting—Acts permitted firefighters—Liability for injury to firefighters.
(1) All premises guarded by guard animals, which are animals professionally trained to defend and protect premises or the occupants of the premises, shall be registered with the local fire department. Front entrances to residences and all entrances to business premises shall be posted in a visible location with signs approved by the chief of the Washington state patrol, through the director of fire protection, indicating that guard animals are present.
(2) A firefighter, who reasonably believes that his or her safety is endangered by the presence of a guard animal, may without liability: (a) Refuse to enter the premises, or (b) take any reasonable action necessary to protect himself or herself from attack by the guard animal.
(3) If the person responsible for the guard animal being on the premises does not comply with subsection (1) of this section, that person may be held liable for any injury to the firefighter caused by the presence of the guard animal.
[ 1995 c 369 § 35; 1986 c 266 § 90; 1983 c 258 § 1. Formerly RCW 48.48.150.]
NOTES:
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.44 - State Fire Protection. › 43.44.130 - Hazardous liquid and gas pipeline accidents—Preparedness of local first responders.

RCW 43.44.130
Hazardous liquid and gas pipeline accidents—Preparedness of local first responders.
(1) The chief of the Washington state patrol, through the director of fire protection or his or her authorized deputy, shall, in consultation with the emergency management program within the state military department, the department of ecology, the utilities and transportation commission, and local emergency services organizations:
(a) Evaluate the preparedness of local first responders in meeting emergency management demands under subsection (2) of this section; and
(b) Conduct an assessment of the equipment and personnel needed by local first responders to meet emergency management demands related to pipelines.
(2) The chief of the Washington state patrol, through the director of fire protection or his or her deputy, shall develop curricula for training local first responders to deal with hazardous liquid and gas pipeline accidents. The curricula shall be developed in conjunction with pipeline companies and local first responders, and shall include a timetable and costs for providing training as defined in the curricula to all communities housing pipelines. Separate curricula shall be developed for hazardous liquid and gas pipelines so that the differences between pipelines may be recognized and appropriate accident responses provided. The need for a training program for regional incident management teams shall also be evaluated.
(3) In consultation with other relevant agencies, the chief of the Washington state patrol, through the director of fire protection or his or her deputy, shall identify the need and means for achieving consistent application of the national interagency incident management system.
(4) For the purposes of this section, "local first responders" means police, fire, emergency medical staff, and volunteers.
[ 2000 c 191 § 20. Formerly RCW 48.48.160.]
NOTES:
Intent—Findings—Conflict with federal requirements—Short title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900 through 81.88.902.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.46 - Arts Commission. › 43.46.005 - Purpose.

RCW 43.46.005
Purpose.
The conservation and development of the state's artistic resources is essential to the social, educational, and economic growth of the state of Washington. Artists, works of art, and artistic institutions contribute to the quality of life and the general welfare of the citizens of the state, and are an appropriate matter of concern to the government of the state of Washington.
[ 1985 c 317 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.46 - Arts Commission. › 43.46.015 - Washington state arts commission established—Composition.

RCW 43.46.015
Washington state arts commission established—Composition.
There is established a Washington state arts commission. The commission consists of nineteen members appointed by the governor and four members of the legislature, one from each caucus in the senate and appointed by the president of the senate and one from each caucus in the house of representatives and appointed by the speaker of the house of representatives. The governor shall appoint citizens representing the various disciplines within the visual, performing and literary arts, and other citizens active in the arts community. The governor shall consider nominations for membership from individuals actively involved in cultural, state or community organizations. The governor shall also consider geographical distribution of the membership in the appointment of new members.
[ 1999 c 241 § 1; 1985 c 317 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.46 - Arts Commission. › 43.46.030 - Terms—Vacancies.

RCW 43.46.030
Terms—Vacancies.
Members shall serve three year terms. A legislative member shall serve as long as he or she is a member of the legislative body from which he or she was appointed. Each member will continue to serve until a successor is appointed. Vacancies shall be filled by appointment for the remainder of the unexpired term.
[ 1985 c 317 § 3; 1967 ex.s. c 125 § 4; 1965 c 8 § 43.46.030. Prior: 1961 c 301 § 3.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.46 - Arts Commission. › 43.46.040 - Compensation—Travel expenses—Organization—Chairperson—Rules—Quorum.

RCW 43.46.040
Compensation—Travel expenses—Organization—Chairperson—Rules—Quorum.
Members of the commission shall serve without compensation. However, nonlegislative members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060 and legislative members shall be reimbursed as provided in RCW 44.04.120. The commission shall organize, elect a chairperson annually, and adopt rules pursuant to chapter 34.05 RCW. A majority of its members constitute a quorum. Any action as defined in RCW 42.30.020(3) shall be taken only at a meeting at which a quorum is present.
[ 1985 c 317 § 4; 1965 c 8 § 43.46.040. Prior: 1961 c 301 § 4.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.46 - Arts Commission. › 43.46.045 - Executive director—Employees.

RCW 43.46.045
Executive director—Employees.
The governor shall select a full time executive director from a list of three names submitted by the commission by September 1, 1988, and anytime thereafter that a vacancy occurs. The executive director shall receive no other salary and shall not be otherwise gainfully employed. Subject to the provisions of chapter 41.06 RCW, the executive director may also employ such clerical and other assistants as may be reasonably required to carry out commission functions. The executive director shall serve at the pleasure of the governor.
[ 1988 c 81 § 23; 1985 c 317 § 5; 1967 ex.s. c 125 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.46 - Arts Commission. › 43.46.050 - Powers and duties generally.

RCW 43.46.050
Powers and duties generally.
The commission shall meet, study, plan, and advise the governor, the various departments of the state and the state legislature and shall make such recommendations as it deems proper for the cultural development of the state of Washington.
[ 1985 c 317 § 6; 1965 c 8 § 43.46.050. Prior: 1961 c 301 § 5.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.46 - Arts Commission. › 43.46.055 - Development of arts and humanities.

RCW 43.46.055
Development of arts and humanities.
The commission may develop, sponsor, promote and administer any activity, project, or program within or without this state which is related to the growth and development of the arts and humanities in the state of Washington and may assist any person or public or private agency to this end.
[ 1985 c 317 § 7; 1967 ex.s. c 125 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.46 - Arts Commission. › 43.46.060 - Gifts and grants.

RCW 43.46.060
Gifts and grants.
The commission may accept gifts and grants upon such terms as the commission shall deem proper.
[ 1965 c 8 § 43.46.060. Prior: 1961 c 301 § 6.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.46 - Arts Commission. › 43.46.070 - Biennial report.

RCW 43.46.070
Biennial report.
The commission shall make a biennial report of its proceedings and recommendations to the governor, which shall contain a full description of program and project activity, including fund sources and expenditures for the biennium covered by the report.
[ 1985 c 317 § 8; 1965 c 8 § 43.46.070. Prior: 1961 c 301 § 7.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.46 - Arts Commission. › 43.46.081 - Poet laureate program.

RCW 43.46.081
Poet laureate program.
(1) The Washington state arts commission shall establish and administer the poet laureate program. The poet laureate shall engage in activities to promote and encourage poetry within the state, including but not limited to readings, workshops, lectures, or presentations for Washington educational institutions and communities in geographically diverse areas over a two-year term.
(2) Selection of a poet laureate shall be made by a committee appointed and coordinated by the commission. The committee may include representatives of the Washington state library, the education community, the Washington commission for the humanities, publishing, and the community of Washington poets.
(3) The commission and the committee shall establish criteria to be used for the selection of a poet laureate. In addition to other criteria established, the poet laureate must be a published poet, a resident of Washington state, active in the poetry community, and willing and able to promote poetry in the state of Washington throughout the two-year term.
(4) The recommendation of the poet laureate selection committee shall be forwarded to the commission, which shall appoint the poet laureate with the approval of the governor.
(5) The poet laureate shall receive compensation at a level determined by the commission. Travel expenses shall be provided in accordance with RCW 43.03.050 and 43.03.060.
(6) The poet laureate may not serve more than two consecutive two-year terms.
(7) The commission shall fund the poet laureate program through gifts, grants, or endowments from public or private sources that are made from time to time, in trust or otherwise.
[ 2007 c 128 § 2.]
NOTES:
Findings—2007 c 128: "The legislature wishes to recognize: (1) The value of poetry and the contribution Washington poets make to the culture of our state; (2) that poetry is a literary form respected and growing throughout all segments of Washington's population; (3) that awareness and appreciation of poetry encourages increased literacy and advanced communication skills; and (4) that Washington state has produced many excellent and nationally recognized poets." [ 2007 c 128 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.46 - Arts Commission. › 43.46.085 - Poet laureate account.

RCW 43.46.085
Poet laureate account.
The poet laureate account is created in the custody of the state treasurer. All receipts from gifts, grants, or endowments from public or private sources must be deposited into the account. Expenditures from the account may only be used for the poet laureate program. Only the executive director of the commission or the executive director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2007 c 128 § 3.]
NOTES:
Findings—2007 c 128: See note following RCW 43.46.081.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.46 - Arts Commission. › 43.46.090 - Commission as reflecting state's responsibility—Acquisition of works of art for public buildings and lands—Visual arts program established.

RCW 43.46.090
Commission as reflecting state's responsibility—Acquisition of works of art for public buildings and lands—Visual arts program established.
The legislature recognizes this state's responsibility to foster culture and the arts and its interest in the viable development of the state's artists by the establishment of the Washington state arts commission. The legislature declares it to be a policy of this state that a portion of appropriations for capital expenditures be set aside for the acquisition of works of art to be placed in public buildings or lands. There is hereby established a visual arts program to be administered by the Washington state arts commission.
[ 2009 c 549 § 5134; 1983 c 204 § 1; 1974 ex.s. c 176 § 1.]
NOTES:
Severability—1983 c 204: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1983 c 204 § 11.]
Allocation of moneys for acquisition of works of art—Expenditure by arts commission—Conditions: RCW 43.17.200.
Colleges and universities, purchases of works of art—Procedure: RCW 28B.10.025.
Purchase of works of art—Procedure: RCW 43.19.455.
School districts, purchases of works of art—Procedure: RCW 28A.335.210.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.46 - Arts Commission. › 43.46.095 - State art collection.

RCW 43.46.095
State art collection.
All works of art purchased and commissioned under the visual arts program shall become a part of a state art collection developed, administered, and operated by the Washington state arts commission. All works of art previously purchased or commissioned under RCW 43.46.090, 43.17.200, 43.19.455, 28B.10.025, or 28A.335.210 shall be considered a part of the state art collection to be administered by the Washington state arts commission.
[ 1990 c 33 § 578; 1983 c 204 § 2.]
NOTES:
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
Severability—1983 c 204: See note following RCW 43.46.090.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.46 - Arts Commission. › 43.46.105 - Creative districts—Designation—Certification.

RCW 43.46.105
Creative districts—Designation—Certification.
(1) A local government may designate a creative district within its territorial boundaries subject to certification as a state-certified creative district by the commission. Two or more local governments may jointly apply for certification of a creative district that extends across a common boundary.
(2) In order to receive certification as a state-certified creative district, a creative district must:
(a) Be a geographically contiguous area;
(b) Be distinguished by physical, artistic, or cultural resources that play a vital role in the quality and life of a community, including its economic and cultural development;
(c) Be the site of a concentration of artistic or cultural activity, a major arts or cultural institution or facility, arts and entertainment businesses, an area with arts and cultural activities, or artistic or cultural production;
(d) Be engaged in the promotional, preservation, and educational aspects of the arts and culture of the community and contribute to the public through interpretive, educational, or recreational uses; and
(e) Satisfy any additional criteria required by the commission that in its discretion will further the purposes of RCW 43.46.100 through 43.46.115. Any additional eligibility criteria must be posted by the commission on its public website.
(3) The commission may grant certification to a creative district that does not qualify for certification under subsection (2) of this section if the land area proposed for certification contains multiple vacant properties in close proximity that would be suitable, as determined by the commission, for redevelopment as a creative district.
[ 2017 c 240 § 3.]
NOTES:
Findings—Intent—2017 c 240: See note following RCW 43.46.100.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.46 - Arts Commission. › 43.46.110 - Creative districts—Applications for certification—Review—Approval, rejection, revocation—Additional powers of commission.

RCW 43.46.110
Creative districts—Applications for certification—Review—Approval, rejection, revocation—Additional powers of commission.
(1) Subject to the availability of amounts appropriated for this specific purpose, the commission may create a process for review of applications submitted by local governments or federally recognized Indian tribes for certification of state-certified creative districts. The application must be submitted on a standard form developed and approved by the commission.
(2) After reviewing an application for certification, the commission must approve or reject the application or return it to the applicant with a request for changes or additional information. The commission may request that an applicant provide relevant information supporting an application. Rejected applicants may reapply at any time in coordination with program guidelines.
(3) Certification must be based upon the criteria specified in RCW 43.46.105.
(4) If the commission approves an application for certification, it must notify the applicant in writing and must specify the terms and conditions of the commission's approval, including the terms and conditions set forth in the application and as modified by written agreement between the applicant and the commission.
(5) Upon approval by the commission of an application for certification, a creative district becomes a state-certified creative district with all of the attendant benefits under RCW 43.46.100 through 43.46.115.
(6) The commission may revoke a certification previously granted for failure by a local government to comply with the requirements of this section or an agreement executed pursuant to this section.
(7) In addition to any powers explicitly granted to the commission under RCW 43.46.100 through 43.46.115, the commission is granted such additional powers as are necessary to carry out the purposes of RCW 43.46.100 through 43.46.115. Where authorized by law, such powers may include offering incentives to state-certified creative districts to encourage business development, exploring new incentives that are directly related to creative enterprises, facilitating local access to state economic development assistance, enhancing the visibility of state-certified creative districts, providing state-certified creative districts with technical assistance and planning aid, ensuring broad and equitable program benefits, and fostering a supportive climate for the arts and culture within the state.
(8) The creation of a district under this section may not be used to prohibit any particular business or the development of residential real property within the boundaries of the district or to impose a burden on the operation or use of any particular business or parcel of residential real property located within the boundaries of the district.
[ 2017 c 240 § 4.]
NOTES:
Findings—Intent—2017 c 240: See note following RCW 43.46.100.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.46 - Arts Commission. › 43.46.115 - Creative districts—Coordinator.

RCW 43.46.115
Creative districts—Coordinator.
Subject to the availability of amounts appropriated for this specific purpose, the commission may appoint a coordinator. The coordinator must:
(1) Review applications for certification and make a recommendation to the commission for action;
(2) Administer and promote the application process for the certification of creative districts;
(3) With the approval of the commission, develop standards and policies for the certification of state-certified creative districts. Any approved standards and policies must be posted on the commission's public website;
(4) Require periodic written reports from any state-certified creative district for the purpose of reviewing the activities of the district, including the compliance of the district with the policies and standards developed under this section and with the conditions of an approved application for certification;
(5) Identify available public and private resources, including any applicable economic development incentives and other tools, that support and enhance the development and maintenance of creative districts and, with the assistance of the commission, ensure that such programs and services are accessible to creative districts; and
(6) With the approval of the commission, develop such additional procedures as may be necessary to administer this section. Any approved procedures must be posted on the commission's public website.
[ 2017 c 240 § 5.]
NOTES:
Findings—Intent—2017 c 240: See note following RCW 43.46.100.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.46 - Arts Commission. › 43.46.900 - Effective date—1985 c 317.

RCW 43.46.900
Effective date—1985 c 317.
This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1985.
[ 1985 c 317 § 10.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.52 - Operating Agencies. › 43.52.250 - Definitions.

RCW 43.52.250
Definitions.
As used in this chapter and unless the context indicates otherwise, words and phrases shall mean:
"District" means a public utility district as created under the laws of the state of Washington authorized to engage in the business of generating and/or distributing electricity.
"City" means any city or town in the state of Washington authorized to engage in the business of generating and/or distributing electricity.
"Canada" means Canada or any province thereof.
"Operating agency" or "joint operating agency" means a municipal corporation created pursuant to RCW 43.52.360, as now or hereafter amended.
"Board of directors" means the board established under RCW 43.52.370.
"Executive board" means the board established under RCW 43.52.374.
"Board" means the board of directors of the joint operating agency unless the operating agency is constructing, operating, terminating, or decommissioning a nuclear power plant under a site certification agreement under chapter 80.50 RCW, in which case "board" means the executive board.
"Public utility" means any person, firm or corporation, political subdivision or governmental subdivision including cities, towns and public utility districts engaged in or authorized to engage in the business of generating, transmitting or distributing electric energy.
"Revenue bonds or warrants" means bonds, notes, bond anticipation notes, warrants, certificates of indebtedness, commercial paper, refunding or renewal obligations, payable from a special fund or revenues of the utility properties operated by the joint operating agency.
"Electrical resources" means both electric energy and conservation.
"Electrical energy" means electric energy produced by any means including water power, steam power, nuclear power, and conservation.
"Conservation" means any reduction in electric power consumption as a result of increases in efficiency of energy use, production, or distribution.
[ 1987 c 376 § 8; 1982 1st ex.s. c 43 § 1; 1981 1st ex.s. c 1 § 1; 1977 ex.s. c 184 § 1; 1965 c 8 § 43.52.250. Prior: 1953 c 281 § 1.]
NOTES:
Severability—Savings—1982 1st ex.s. c 43: See notes following RCW 43.52.374.
Severability—1981 1st ex.s. c 1: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 1st ex.s. c 1 § 5.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.52 - Operating Agencies. › 43.52.260 - Scope of authority.

RCW 43.52.260
Scope of authority.
The authority granted in this chapter shall apply equally to the generating of electricity by water power, by steam power, by nuclear power, conservation, or by any other means whatsoever.
[ 1987 c 376 § 9; 1977 ex.s. c 184 § 2; 1965 c 8 § 43.52.260. Prior: 1955 c 258 § 18; 1953 c 281 § 20.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.52 - Operating Agencies. › 43.52.290 - Members of the board of directors of an operating agency—Compensation—May hold other public position—Incompatibility of offices doctrine voided.

RCW 43.52.290
Members of the board of directors of an operating agency—Compensation—May hold other public position—Incompatibility of offices doctrine voided.
Members of the board of directors of an operating agency shall be paid the sum of fifty dollars per day as compensation for each day or major part thereof devoted to the business of the operating agency, together with their traveling and other necessary expenses. Such member may, regardless of any charter or other provision to the contrary, be an officer or employee holding another public position and, if he or she be such other public officer or employee, he or she shall be paid by the operating agency such amount as will, together with the compensation for such other public position equal the sum of fifty dollars per day. The common law doctrine of incompatibility of offices is hereby voided as it applies to persons sitting on the board of directors or the executive board of an operating agency and holding an elective or appointive position on a public utility district commission or municipal legislative authority or being an employee of a public utility district or municipality.
[ 2009 c 549 § 5135; 1983 1st ex.s. c 3 § 1; 1982 1st ex.s. c 43 § 5; 1977 ex.s. c 184 § 3; 1965 c 8 § 43.52.290. Prior: 1953 c 281 § 4.]
NOTES:
Severability—Savings—1982 1st ex.s. c 43: See notes following RCW 43.52.374.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.52 - Operating Agencies. › 43.52.3411 - Revenue bonds or warrants.

RCW 43.52.3411
Revenue bonds or warrants.
For the purposes provided for in this chapter, an operating agency shall have power to issue revenue bonds or warrants payable from the revenues of the utility properties operated by it. Whenever the board of a joint operating agency shall deem it advisable to issue bonds or warrants to engage in conservation activities or to construct or acquire any public utility or any works, plants or facilities or any additions or betterments thereto or extensions thereof it shall provide therefor by resolution, which shall specify and adopt the system or plan proposed and declare the estimated cost thereof as near as may be. Such cost may include funds for working capital, for payment of expenses incurred in the conservation activities or the acquisition or construction of the utility and for the repayment of advances made to the operating agency by any public utility district or city. Except as otherwise provided in RCW 43.52.343, all the provisions of law as now or hereafter in effect relating to revenue bonds or warrants of public utility districts shall apply to revenue bonds or warrants issued by the joint operating agency including, without limitation, provisions relating to: The creation of special funds and the pledging of revenues thereto; the time and place of payment of such bonds or warrants and the interest rate or rates thereon; the covenants that may be contained therein and the effect thereof; the execution, issuance, sale, funding, or refunding, redemption and registration of such bonds or warrants; and the status thereof as negotiable instruments, as legal securities for deposits of public moneys and as legal investments for trustees and other fiduciaries and for savings and loan associations, banks and insurance companies doing business in this state. However, for revenue bonds or warrants issued by an operating agency, the provisions under RCW 54.24.030 relating to additional or alternate methods for payment may be made a part of the contract with the owners of any revenue bonds or warrants of an operating agency. The board may authorize the managing director or the treasurer of the operating agency to sell revenue bonds or warrants maturing one year or less from the date of issuance, and to fix the interest rate or rates on such revenue bonds or warrants with such restrictions as the board shall prescribe. Such bonds and warrants may be in any form, including bearer bonds or bearer warrants, or registered bonds or registered warrants as provided in RCW 39.46.030. Such bonds and warrants may also be issued and sold in accordance with chapter 39.46 RCW.
[ 1987 c 376 § 10; 1983 c 167 § 116; 1981 1st ex.s. c 1 § 2; 1965 c 8 § 43.52.3411. Prior: 1957 c 295 § 6.]
NOTES:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Severability—1981 1st ex.s. c 1: See note following RCW 43.52.250.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.52 - Operating Agencies. › 43.52.343 - Revenue bonds or warrants—Sale by negotiation or advertisement and bid.

RCW 43.52.343
Revenue bonds or warrants—Sale by negotiation or advertisement and bid.
All bonds issued by an operating agency shall be sold and delivered in such manner, at such rate or rates of interest and for such price or prices and at such time or times as the board shall deem in the best interests of the operating agency, whether by negotiation or to the highest and best bidder after such advertising for bids as the board of the operating agency may deem proper: PROVIDED, That the board may reject any and all bids so submitted and thereafter sell such bonds so advertised under such terms and conditions as it may deem most advantageous to its own interests.
[ 1981 1st ex.s. c 1 § 3; 1965 c 8 § 43.52.343. Prior: 1957 c 295 § 7; 1955 c 258 § 10.]
NOTES:
Severability—1981 1st ex.s. c 1: See note following RCW 43.52.250.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.52 - Operating Agencies. › 43.52.350 - Operating agencies to provide fishways, facilities and hatcheries—Contracts.

RCW 43.52.350
Operating agencies to provide fishways, facilities and hatcheries—Contracts.
An operating agency shall, at the time of the construction of any dam or obstruction, construct and shall thereafter maintain and operate such fishways, fish protective facilities and hatcheries as the director of fish and wildlife finds necessary to permit anadromous fish to pass any dam or other obstruction operated by the operating agency or to replace fisheries damaged or destroyed by such dam or obstruction and an operating agency is further authorized to enter into contracts with the department of fish and wildlife to provide for the construction and/or operation of such fishways, facilities and hatcheries.
[ 1994 c 264 § 24; 1988 c 36 § 18; 1977 ex.s. c 184 § 5; 1965 c 8 § 43.52.350. Prior: 1953 c 281 § 11.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.52 - Operating Agencies. › 43.52.378 - Executive board—Appointment of administrative auditor—Retention of firm for performance audits—Duties of auditor and firm—Reports.

RCW 43.52.378
Executive board—Appointment of administrative auditor—Retention of firm for performance audits—Duties of auditor and firm—Reports.
The executive board of any operating agency constructing, operating, terminating, or decommissioning a nuclear power plant under a site certification agreement issued pursuant to chapter 80.50 RCW shall appoint an administrative auditor. The administrative auditor shall be deemed an officer under chapter 42.23 RCW. The appointment of the administrative auditor shall be in addition to the appointment of the auditor for the issuance of warrants and other purposes as provided in RCW 43.52.375. The executive board shall retain a qualified firm or firms to conduct performance audits which is in fact independent and does not have any interest, direct or indirect, in any contract with the operating agency other than its employment hereunder. No member or employee of any such firm shall be connected with the operating agency as an officer, employee, or contractor. The administrative auditor and the firm or firms shall be independently and directly responsible to the executive board of the operating agency. The executive board shall require a firm to conduct continuing audits of the methods, procedures and organization used by the operating agency to control costs, schedules, productivity, contract amendments, project design and any other topics deemed desirable by the executive board. The executive board may also require a firm to analyze particular technical aspects of the operating agency's projects and contract amendments. The firm or firms shall provide advice to the executive board in its management and control of the operating agency. At least once each year, the firm or firms shall prepare and furnish a report of its actions and recommendations to the executive board for the purpose of enabling it to attain the highest degree of efficiency in the management and control of any thermal power project under construction or in operation. The administrative auditor shall assist the firm or firms in the performance of its duties. The administrative auditor and the firm or firms shall consult regularly with the executive board and furnish any information or data to the executive board which the administrative auditor, firm, or executive board deems helpful in accomplishing the purpose above stated. The administrative auditor shall perform such other duties as the executive board shall prescribe to accomplish the purposes of this section.
Upon the concurrent request of the chairs of the senate or house energy and utilities committees, the operating agency shall report to the committees on a quarterly basis.
[ 2009 c 549 § 5138; 1987 c 505 § 84; 1986 c 158 § 13; 1982 1st ex.s. c 43 § 8; 1981 1st ex.s. c 3 § 4; 1979 ex.s. c 220 § 1.]
NOTES:
Severability—Savings—1982 1st ex.s. c 43: See notes following RCW 43.52.374.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.52 - Operating Agencies. › 43.52.380 - Member's preference to buy energy—Apportionment—Surplus.

RCW 43.52.380
Member's preference to buy energy—Apportionment—Surplus.
Members shall have a preference right to the purchase of all electric energy generated by an operating agency. As between members, the amount of electric energy to which each shall be entitled shall be computed annually and shall be based on the same percentage as the purchases of such member bore to the total generation of the operating agency for the preceding year. Surplus electric energy, that is energy not contracted for by the members, may be sold to any public utility authorized by law to distribute and sell electric energy.
[ 1965 c 8 § 43.52.380. Prior: 1953 c 281 § 14.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.52 - Operating Agencies. › 43.52.383 - Compliance with open public meetings act.

RCW 43.52.383
Compliance with open public meetings act.
(1) The legislature intends that the business and deliberations of joint operating agencies conducted by their boards of directors, executive boards, committees and subcommittees be conducted openly and with opportunity for public input.
(2) The board of directors, executive board, and all committees or subcommittees thereof shall comply with the provisions of chapter 42.30 RCW, in order to assure adequate public input and awareness of decisions.
[ 1983 1st ex.s. c 3 § 4.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.52 - Operating Agencies. › 43.52.385 - Best interest of ratepayers to determine interest of agency.

RCW 43.52.385
Best interest of ratepayers to determine interest of agency.
For the purposes of this chapter, including but not limited to RCW 43.52.343, the best interests of all ratepayers affected by the joint operating agency and its projects shall determine the interest of the operating agency and its board.
[ 1982 1st ex.s. c 43 § 9.]
NOTES:
Severability—Savings—1982 1st ex.s. c 43: See notes following RCW 43.52.374.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.52 - Operating Agencies. › 43.52.395 - Maximum interest rate operating agency may pay member.

RCW 43.52.395
Maximum interest rate operating agency may pay member.
(1) The maximum rate at which an operating agency shall add interest in repaying a member under RCW 43.52.391 may not exceed the higher of fifteen percent per annum or four percentage points above the equivalent coupon issue yield (as published by the Board of Governors of the Federal Reserve System) of the average bill rate for twenty-six week treasury bills as determined at the first bill market auction conducted during the preceding calendar month.
(2) The maximum rate specified in subsection (1) of this section is applicable to all advances and contributions made by each member to the agency prior to January 21, 1982, and to all renewals of such advances and contributions.
[ 1989 c 14 § 4; 1982 c 1 § 2.]
NOTES:
Severability—1982 c 1: See note following RCW 43.52.391.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.52 - Operating Agencies. › 43.52.410 - Authority of city or district to contract for electric energy or falling waters.

RCW 43.52.410
Authority of city or district to contract for electric energy or falling waters.
Any city or district is authorized to enter into contracts or compacts with any operating agency or a publicly or privately owned public utility for the purchase and sale of electric energy or falling waters: PROVIDED, That no city or district may enter into a contract or compact with an operating agency to purchase electric energy, or to purchase or participate in a portion of an electrical generating project, that commits the city or district to pay an amount in excess of an express dollar amount or in excess of an express rate per unit of electrical energy received.
[ 1983 c 308 § 1; 1977 ex.s. c 184 § 9; 1965 c 8 § 43.52.410. Prior: 1953 c 281 § 17.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.52 - Operating Agencies. › 43.52.430 - Appeals from director of department of ecology.

RCW 43.52.430
Appeals from director of department of ecology.
Any party in interest deeming itself aggrieved by any order of the director of the department of ecology may appeal to the superior court of Thurston county by serving upon the director and filing with clerk of said court within thirty days after the entry of the order a notice of appeal. The director shall, within ten days after service of the notice of appeal, file with the clerk of the court a return containing a true copy of the order appealed from, together with a transcript of the record of the proceeding before the director, after which the appeal shall be at issue. The appeal shall be heard and decided by the court upon the record before the director and the court may either affirm, set aside, or remand the order appealed from for further proceedings. Appellate review of the superior court's decision may be sought as in other civil cases.
[ 1988 c 202 § 44; 1977 ex.s. c 184 § 10; 1971 c 81 § 113; 1965 c 8 § 43.52.430. Prior: 1953 c 281 § 19.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.52 - Operating Agencies. › 43.52.440 - Effect of chapter on "Columbia River Sanctuary Act."

RCW 43.52.440
Effect of chapter on "Columbia River Sanctuary Act."
Nothing contained in this chapter shall be construed to amend, modify or repeal in any manner *RCW 77.55.160, commonly known as the "Columbia River Sanctuary Act", and all matter herein contained shall be expressly subject to such act.
[ 2003 c 39 § 26; 1983 1st ex.s. c 46 § 178; 1965 c 8 § 43.52.440. Prior: 1953 c 281 § 23.]
NOTES:
*Reviser's note: RCW 77.55.160 was recodified as RCW 77.55.191 pursuant to 2005 c 146 § 1001.