Title 43 — Title 43 STATE GOVERNMENT—EXECUTIVE
178 chapters · 3,474 sections in this title.
RCW 43.52.250 Definitions.
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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."Cit…
RCW 43.52.260 Scope of authority.
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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 s 9; 1977 ex.s. c 184 s 2; 1965 c 8 s 43.52.260. Prior: 1955 c 258 s 18; 1953 c…
RCW 43.52.272 Power commission abolished.
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The Washington state power commission is hereby abolished.[ 1965 c 8 s 43.52.272. Prior: 1957 c 295 s 8.]
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.
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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,…
RCW 43.52.300 Powers and duties of an operating agency.
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An operating agency formed under RCW 43.52.360 shall have authority:(1) To generate, produce, transmit, deliver, exchange, purchase or sell electric energy and to enter into contracts for any or all such purposes.(2) To construct, condemn, purchase, lease, acquire, add to, extend…
RCW 43.52.3411 Revenue bonds or warrants.
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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 warr…
RCW 43.52.343 Revenue bonds or warrants—Sale by negotiation or advertisement and bid.
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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 hig…
RCW 43.52.350 Operating agencies to provide fishways, facilities and hatcheries—Contracts.
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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 pas…
RCW 43.52.360 Operating agency—Formation—Additional projects—Appeals—Membership, withdrawal—Dissolution.
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Any two or more cities or public utility districts or combinations thereof may form an operating agency (herein sometimes called a joint operating agency) for the purpose of acquiring, constructing, operating and owning plants, systems and other facilities and extensions thereof,…
RCW 43.52.370 Operating agency board of directors—Members, appointment, vote, term, etc.—Rules—Proceedings—Limitation on powers and duties.
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(1) Except as provided in subsection (2) of this section, the management and control of an operating agency shall be vested in a board of directors, herein sometimes referred to as the board. The legislative body of each member of an operating agency shall appoint a representativ…
RCW 43.52.374 Operating agency executive board—Members—Terms—Removal—Rules—Proceedings—Managing director—Civil immunities—Defense and indemnification.
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(1) With the exception of the powers and duties of the board of directors described in RCW 43.52.370(2), the management and control of an operating agency constructing, operating, terminating, or decommissioning a nuclear power plant under a site certification agreement under cha…
RCW 43.52.375 Treasurer—Auditor—Powers and duties—Official bonds—Funds.
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(1) The board of each joint operating agency shall by resolution appoint a treasurer. The treasurer shall be the chief financial officer of the operating agency, who shall report at least annually to the board a detailed statement of the financial condition of the operating agenc…
RCW 43.52.378 Executive board—Appointment of administrative auditor—Retention of firm for performance audits—Duties of auditor and firm—Reports.
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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…
RCW 43.52.380 Member's preference to buy energy—Apportionment—Surplus.
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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 o…
RCW 43.52.383 Compliance with open public meetings act.
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(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…
RCW 43.52.385 Best interest of ratepayers to determine interest of agency.
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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 s 9.]Notes:Severabil…
RCW 43.52.391 Powers and duties of operating agency.
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Except as otherwise provided in this section, a joint operating agency shall have all powers now or hereafter granted public utility districts under the laws of this state. It shall not acquire nor operate any electric distribution properties nor condemn any properties owned by a…
RCW 43.52.395 Maximum interest rate operating agency may pay member.
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(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 Fe…
RCW 43.52.410 Authority of city or district to contract for electric energy or falling waters.
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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…
RCW 43.52.430 Appeals from director of department of ecology.
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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 o…
RCW 43.52.440 Effect of chapter on "Columbia River Sanctuary Act."
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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 s 26; 1983 1st ex.s. c 46 s 178; …
RCW 43.52.450 Chapter requirements are cumulative—Preservation of rights—Not subject to utilities and transportation commission.
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The provisions of this chapter shall be cumulative and shall not impair or supersede the powers or rights of any person, firm or corporation or political subdivision of the state of Washington under any other law. The rights of all persons, firms, corporations and political subdi…
RCW 43.52.460 Operating agency to pay in lieu of taxes.
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Any joint operating agency formed under this chapter shall pay in lieu of taxes payments in the same amounts as paid by public utility districts. Such payments shall be distributed in accordance with the provisions applicable to public utility districts.[ 2005 c 443 s 3; 1971 ex.…
RCW 43.52.470 Operating agency—Validity of organization and existence.
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Except as provided in RCW 43.52.360, the validity of the organization of any joint operating agency can be questioned only by action instituted within six months from the date that the joint operating agency is created. If the validity of the existence of any joint operating agen…
RCW 43.52.515 Application of Titles 9 and 9A RCW.
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All of the provisions of Titles 9 and 9A RCW apply to actions of a joint operating agency.[ 1981 c 173 s 6.]Notes:Severability—1981 c 173: "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 o…
RCW 43.52.520 Security force—Authorized.
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An operating agency constructing or operating a nuclear power plant under a site certificate issued under chapter 80.50 RCW may establish a security force for the protection and security of each nuclear power plant site exclusion area. Members of the security force may be supplie…
RCW 43.52.525 Security force—Criminal history record information.
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An operating agency is authorized to obtain criminal history record information pursuant to RCW 10.97.050 for any member of an operating agency security force and for any applicant seeking employment as a member of an operating agency security force.[ 1981 c 301 s 2.]
RCW 43.52.530 Security force—Powers and duties—Rules on speed, operation, location of vehicles authorized.
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(1) Members of an operating agency security force authorized under RCW 43.52.520 may use reasonable force to detain, search, or remove persons who enter or remain without permission within the nuclear power plant site exclusion area or whenever, upon probable cause, it appears to…
RCW 43.52.535 Security force—Membership in retirement system authorized.
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Members of the operating agency security force shall be members of the retirement system under chapter 41.40 RCW.[ 1981 c 301 s 4.]
RCW 43.52.550 Plans for repayment of operating agency obligations maturing prior to planned operation of plant.
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Any municipal corporation, cooperative or mutual which has entered into a contract with an operating agency to participate in the construction or acquisition of an energy plant as defined in chapter 80.50 RCW shall annually adopt a plan for the repayment of its contractual share …
RCW 43.52.560 Contracts for materials or work required—Sealed bids.
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Except as provided otherwise in this chapter, a joint operating agency shall purchase any item or items of materials, equipment, or supplies, the estimated cost of which is more than $30,000 exclusive of sales tax, or order work for construction of generating projects and associa…
RCW 43.52.565 Contracts for materials or work through competitive negotiation—Nuclear generating projects and associated facilities.
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(1) An operating agency may enter into contracts through competitive negotiation under subsection (2) of this section for materials, equipment, supplies, or work to be performed during commercial operation of a nuclear generating project and associated facilities (a) to replace a…
RCW 43.52.567 Contracts for materials or work through competitive negotiation—Renewable electrical energy generation projects.
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(1) A joint operating agency with an executive board formed under RCW 43.52.374 may enter into contracts through competitive negotiation under subsection (3) of this section for materials, equipment, supplies, or work to be performed in support of siting, constructing, developing…
RCW 43.52.570 Purchase of materials by telephone or written quotation authorized—Procedure.
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For the awarding of a contract to purchase any item or items of materials, equipment, or supplies in an amount exceeding five thousand dollars but less than seventy-five thousand dollars, exclusive of sales tax, the managing director or a designee may, in lieu of sealed bids, sec…
RCW 43.52.575 Purchase of materials without competition authorized.
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When the managing director or a designee determines in writing that it is impracticable to secure competition for required materials, equipment, or supplies, he or she may purchase the materials, equipment, or supplies without competition. The term "impracticable to secure compet…
RCW 43.52.580 Emergency purchase of materials or work by contract.
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When the managing director or a designee determines in writing that an emergency endangers the public safety or threatens property damage or that serious financial injury would result if materials, supplies, equipment, or work are not obtained by a certain time, and they cannot b…
RCW 43.52.585 Procedures for implementing RCW 43.52.560 through 43.52.580.
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The executive board shall establish procedures for implementing RCW 43.52.560 through 43.52.580 by operating agency resolution after notice, public hearing, and opportunity for public comment. The procedures shall be established within six months after July 26, 1987.[ 1987 c 376 …
RCW 43.52.590 Construction of RCW 43.52.560 through 43.52.585.
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Nothing in RCW 43.52.560 through 43.52.585 requires reapplication by a joint operating agency in existence on July 26, 1987.[ 1987 c 376 s 7.]
RCW 43.52.595 Contracts for electric power and energy.
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A city or district may contract to purchase from an operating agency electric power and energy required for its present or future requirements. For projects the output of which is limited to qualified alternative energy resources as defined by RCW 19.29A.090(3), the contract may …
RCW 43.52.612 Contract bid form.
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A joint operating agency shall require that bids upon any construction or improvement of any nuclear generating project and associated facilities shall be made upon the contract bid form supplied by the operating agency, and in no other manner. The operating agency may, before fu…
RCW 43.52.910 Construction—1965 c 8.
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This chapter shall be liberally construed to effectuate its purposes.[ 1965 c 8 s 43.52.910. Prior: 1957 c 295 s 12.]