title: RCW 53.47.020

text:
A port district shall be deemed inactive if, at the time of the filing of the petition for dissolution with the clerk of the superior court of the county in which such port district is situated, such port has failed to comply with subdivision (1), (2), or (3) of this section.
(1) The port district has failed to file its budget with the board of county commissioners or, in the case of home rule charters, the appropriate governing body for the two fiscal years immediately preceding the date of filing such petition, and the port district, having been in existence for two years or more, has failed to adopt its comprehensive plan of harbor improvement and/or industrial development as provided by statute, and does not presently own or has not leased within two years prior to the filing of such petition, real property for use for port purposes.
(2) The port district does not presently own or has not leased or owned real property for use for port purposes within the four calendar years prior to the filing of such petition.
(3) The port district has not filed its budget with the board of county commissioners or, in the case of home rule charters, the appropriate governing body for the two fiscal years immediately preceding the filing of said petition has not adopted its comprehensive plan of harbor improvement and/or industrial development as provided by statute, and has not met with a legal quorum at least twice in the last two calendar years prior to the filing of such petition.
[ 1971 ex.s. c 162 s 2.]
Notes:
Harbor improvement plan: RCW 53.20.010.

catchline: Port district deemed inactive, when.


doc_type: statute

jurisdiction: wa

title: RCW 53.47.030

text:
The county prosecutor of the county in which such port district is located acting upon his or her own motion shall file such petition for dissolution with the clerk of the superior court of the county in which such inactive port district is located. Such petition shall:
(1) Describe with certainty the port district which is declared to be inactive and which is sought to be dissolved;
(2) Allege with particularity that the port district sought to be dissolved is inactive within the purview of any of the several particulars set forth in RCW 53.47.020; and
(3) Request that the court find the port district inactive and declare it dissolved upon such terms and conditions as the court may impose and declare.
[ 2010 c 8 s 16017; 1971 ex.s. c 162 s 3.]

license: public-domain-government-work

rule_set: Revised Code of Washington

code: rcw

unit: section

court: Washington State Legislature


title: RCW 53.47.040

text:
The superior court, upon the filing of such petition, shall set such petition for hearing not less than one hundred twenty days and not more than one hundred eighty days after the date of filing said petition. Further, the court shall order the clerk of said court to give notice of the time and place fixed for the hearing by publication of notice in a newspaper of general circulation within such district, such publication to be once each week for three consecutive weeks, the date of first publication to be not less than thirty nor more than seventy days prior to the date fixed for the hearing upon such petition. Said notice shall further provide that all creditors of said district, including holders of revenue or general obligation bonds issued by said district, if any, shall present their claims to the clerk of said court within ninety days from the date of first publication of said notice, and that upon failure to do so all such claims will be forever barred. The clerk shall also mail a copy by ordinary mail of such notice to all creditors of said district, including holders of revenue or general obligation bonds issued by said district, if any, such mailing to be mailed not later than thirty days after the hearing date has been set. No other or further notices shall be required at any stage of the proceedings for dissolution of an inactive port district pursuant to this chapter.
The clerk, ten days prior to the date set for the hearing, shall deliver to the court the following:
(1) A list of the liabilities of the port district in detail with the names and addresses of creditors as then known; and
(2) A list of the assets of the port district in detail as then known.
The court upon hearing the petition shall fix and determine all such claims subject to proof being properly filed as provided in this section; shall fix and determine the financial condition of the district as to its assets and liabilities, and if it finds the port district to be inactive in respect of any standard of inactivity set forth by this chapter, shall order the port district to be dissolved upon the following terms and conditions:
(1) If there be no outstanding debts, or if the debts be less than the existing assets, the court shall appoint the auditor of the county in which the port district is located to be trustee of the port's assets and shall empower such person to wind up and liquidate the affairs of such district in such manner as the court shall provide and to file his or her accounting with the court within ninety days from the date of his or her appointment. Upon the filing of such account, the court shall fix a date for hearing upon the same and upon approval thereof, if such accounting be the final accounting, shall enter its order approving the same and declaring the port district dissolved.
At the request of the trustee the county sheriff may sell, at public auction, all real and personal property of the port district. The county sheriff shall cause a notice of such sale fixing the time and place thereof which shall be at a suitable place, which will be noted in the advertisement for sale. Such notice shall contain a description of the property to be sold and shall be signed by the sheriff or his or her deputy. Such notice shall be published at least once in an official newspaper in said county at least ten days prior to the date fixed for said sale. The sheriff or his or her deputy shall conduct said sale and sell the property described in the notice at public auction to the highest and best bidder for cash, and upon payment of the amount of such bid shall deliver the said property to such bidder. The moneys arising from such sale shall be turned over to the county auditor acting as trustee: PROVIDED, HOWEVER, That the sheriff shall first deduct the costs and expenses of the sale from the moneys and shall apply such moneys to pay said costs and expenses.
The court order shall provide that the assets remaining in the hands of the trustee shall be transferred to any school district, districts, or portions of districts, lying within the dissolved port district boundaries. The transfer of assets shall be prorated to the districts based on the assessed valuation of said districts.
(2) If the debts exceed the assets of the port district, then the court shall appoint the auditor of the county in which a port district is located to be trustee of the port's assets for the purpose of conserving the same and of paying liability of the port district as funds become available therefor. The trustee shall be empowered to generally manage, wind up, and liquidate the affairs of such district in such manner as the court shall provide and to file his or her accounting with the court within ninety days from the date of his or her appointment and as often thereafter as the court shall provide. The board of county commissioners, acting as pro tempore port district commissioners under the authority of RCW 53.36.020 shall levy an annual tax not exceeding forty-five cents per thousand dollars of assessed value or such lesser amount as may previously have been voted by the taxpayers within said district, together with an amount deemed necessary for payment of the costs and expenses attendant upon the dissolution of said district, upon all the taxable property within said district, the amount of such levy to be determined from time to time by the court. When, as shown by the final accounting of the trustee, all of the indebtedness of the district shall have been satisfied, the cost and expense of the proceeding paid or provided for, and the affairs of the district wound up, the court shall declare the district dissolved: PROVIDED, That if the indebtedness be composed in whole or in part of bonded debt for which a regular program of retirement has been provided, then the board of county commissioners shall be directed by the court to continue to make such annual levies as are required for the purpose of debt service upon said bonded debt.
[ 2010 c 8 s 16018; 1973 1st ex.s. c 195 s 59; 1971 ex.s. c 162 s 4.]
Notes:
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.

catchline: Hearing on petition—Notice, publication—Creditor claims, determination—Terms and conditions of court order if district to be dissolved.


title: RCW 53.47.050

text:
Upon the entry of the final order of dissolution declaring the port district dissolved all offices of the port district shall be deemed abolished, and no other or further levy shall be certified by the county commissioners except pursuant to the directive of the court as hereinabove provided.
[ 1971 ex.s. c 162 s 5.]

catchline: Effect of final order of dissolution.


title: RCW 53.47.900

text:
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1971 ex.s. c 162 s 6.]

catchline: Chapter cumulative and nonexclusive.


title: RCW 53.48.001

text:
The dissolution of a metropolitan park district, fire protection district, water-sewer district, or flood control zone district under chapter 53.48 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW.
[ 1999 c 153 s 62; 1989 c 84 s 46.]
Notes:
Part headings not law—1999 c 153: See note following RCW 57.04.050.

catchline: Dissolution of certain districts subject to review by boundary review board.


title: RCW 53.48.010

text:
The following words and terms shall, whenever used in this chapter, have the meaning set forth in this section:
(1) The term "district" as used herein, shall include all municipal and quasi-municipal corporations having a governing body, other than cities, towns, counties, and townships, such as port districts, school districts, water-sewer districts, fire protection districts, and all other special districts of similar organization, but shall not include local improvement districts, diking, drainage and irrigation districts, special districts as defined in RCW 85.38.010, nor public utility districts.
(2) The words "board of commissioners," as used herein, shall mean the governing authority of any district as defined in subdivision (1) of this section.
[ 1999 c 153 s 63; 1986 c 278 s 17; 1979 ex.s. c 30 s 10; 1941 c 87 s 1; Rem. Supp. 1941 s 8931-11.]
Notes:
Part headings not law—1999 c 153: See note following RCW 57.04.050.
Severability—1986 c 278: See note following RCW 36.01.010.
Purpose—1941 c 87: "This act is intended to authorize the dissolution of all types of municipal corporations having governing bodies, other than those excepted from the application of this act, in cases where the occasion or reason for continued existence of such corporation has ceased, or where the best interests of all persons concerned would be served by such dissolution, and shall be liberally construed to effect such intent." [ 1941 c 87 s 12.]
Severability—1941 c 87: "If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable." [ 1941 c 87 s 11.]

catchline: Definitions.


title: RCW 53.48.020

text:
For the purpose of dissolution of a district, a petition for an order of dissolution signed by the majority of the board of commissioners, or other governing authority of such district shall be presented to the superior court of the county in which the board of commissioners is situated.
[ 1941 c 87 s 2; Rem. Supp. 1941 s 8931-12.]

catchline: Petition.


title: RCW 53.48.030

text:
Upon the filing of such petition for an order of dissolution, the superior court shall enter an order setting the same for hearing at a date not less than thirty days from the date of filing, and the petitioner shall give notice of such hearing by publication in a newspaper of general circulation in the county in which the district is located once a week for three successive weeks, and by posting in three public places in the county in which the district is located at least twenty-one days before said hearing. At least one notice shall be posted in the district. The notices shall set forth the filing of the petition, its purpose and the date and place of the hearing thereon.
[ 2016 c 93 s 6; 1941 c 87 s 3; Rem. Supp. 1941 s 8931-13.]

catchline: Order for hearing—Notice.


title: RCW 53.48.040

text:
After said hearing the court shall enter its order dissolving or refusing to dissolve said district. A finding that the best interests of all persons concerned will be served by the proposed dissolution shall be essential to an order of dissolution. If the court find that such district is solvent, the court shall order the sale of such assets, other than cash, by the sheriff of the county in which the board is situated, in the manner provided by law for the sale of property on execution.
[ 1941 c 87 s 4; Rem. Supp. 1941 s 8931-14.]
Notes:
Execution: Chapter 6.17 RCW.

catchline: Order of dissolution—Sale of assets.


title: RCW 53.48.050

text:
The proceeds of the sale, together with moneys on hand in the treasury of the district, shall after payment of all costs and expenses, be paid to the treasurer of the same county and placed to the credit of the school district, or districts, in which such district is situated.
[ 1941 c 87 s 5; Rem. Supp. 1941 s 8931-15.]
Notes:
Port districts in counties with populations of from eight thousand to less than twelve thousand—Disposition of funds: Chapter 53.49 RCW.

catchline: Payment of debts and costs—Balance to school district.


title: RCW 53.48.060

text:
Upon a finding of insolvency the court shall then determine the indebtedness of the district, the creditors thereof and their claims. The court shall then set a date and a place for a second hearing, which hearing shall be not less than sixty days nor more than one hundred twenty days from the hearing as provided in RCW 53.48.030.
The purpose of such hearing shall be to determine ways and means of retiring the established indebtedness of the district and paying all costs and expenses of proceedings hereunder. Such ways and means may include the levy of assessments against the property in the district as provided in RCW 53.48.080.
[ 1941 c 87 s 6; Rem. Supp. 1941 s 8931-16.]

catchline: Insolvency—Second hearing.


title: RCW 53.48.070

text:
The clerk shall give notice of the second hearing by publication in a newspaper of general circulation in the county in which the district is located once a week for three successive weeks, and by posting in three public places in the county in which the district is located at least twenty-one days before the hearing, and shall give such other notice to creditors and other interested parties as the court may deem necessary or advisable. At least one notice shall be posted in the district. The notices shall set forth the filing of the petition, its purpose, the finding of the court on the petition, the date and place of the second hearing and the purpose of the hearing as stated in RCW 53.48.060.
[ 1941 c 87 s 7; Rem. Supp. 1941 s 8931-17.]

catchline: Notice of second hearing.


title: RCW 53.48.080

text:
At the second hearing the court shall have authority to order the sale of any district property. If the proceeds of such sale together with any cash remaining on hand to the credit of the district are insufficient to retire such indebtedness together with all costs and expenses, the court shall have authority to order the board of commissioners to levy assessments in the manner provided by law against the property in the district in amounts sufficient to retire said indebtedness and pay the costs and expenses. At such hearing any property owner within the district may appear and be heard for or against such levy.
[ 1941 c 87 s 8; Rem. Supp. 1941 s 8931-18.]

catchline: Sale of property—Levy to pay deficit.


title: RCW 53.48.090

text:
After the indebtedness of the district has been settled or paid, the court shall determine whether the best interests of all persons concerned will be served by the proposed dissolution and shall make a finding thereon. The court shall then enter its order dissolving or refusing to dissolve said district.
[ 1941 c 87 s 9; Rem. Supp. 1941 s 8931-19.]

catchline: Order of dissolution or refusal.


title: RCW 53.48.120

text:
In all proceedings brought under this chapter the court shall make provision for the costs and expenses of proceedings hereunder and for the payment of the same.
[ 1941 c 87 s 10; Rem. Supp. 1941 s 8931-20.]

catchline: Provision for costs and expenses.


title: RCW 53.49.010

text:
Whenever any port district located in any county with a population of from eight thousand to less than twelve thousand shall be dissolved and disestablished or is about to be dissolved and disestablished and any sums of money remain in any of its funds, the port commissioners are authorized and directed to apply by petition, which may be filed without fee, to the superior court of such county for an order authorizing the transfer of such funds to the school district fund or if there be more than one such district, the school district funds of all districts, which are located within the boundaries of such port district.
[ 1991 c 363 s 134; 1943 c 282 s 1; Rem. Supp. 1943 s 9718-10. Formerly RCW 53.48.100.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Port districts in counties with populations of from eight thousand to less than twelve thousand—Disposition of funds.


title: RCW 53.49.020

text:
The superior court of any such county shall enter his or her order authorizing such transfer of funds if he or she is satisfied, after hearing the petition therefor, that the port district is dissolved and disestablished or is about to be dissolved and disestablished and that no obligations of the port district remain unpaid. The court shall equitably divide such sums of money between school districts if there be more than one district involved.
[ 2010 c 8 s 16019; 1943 c 282 s 2; Rem. Supp. 1943 s 9718-11. Formerly RCW 53.48.110.]

catchline: Port districts in counties with populations of from eight thousand to less than twelve thousand—Order to transfer funds.


title: RCW 53.54.010

text:
A port district operating an airport serving more than nine hundred scheduled jet aircraft flights per day may undertake any of the programs or combinations of such programs, as authorized by this chapter, for the purpose of alleviating and abating the impact of jet aircraft noise on areas surrounding such airport.
[ 2020 c 105 s 1; 1974 ex.s. c 121 s 1.]

catchline: Programs for abatement of aircraft noise authorized.


title: RCW 53.54.020

text:
(1) Prior to initiating programs as authorized in this chapter, the port commission shall undertake the investigation and monitoring of aircraft noise impact to determine the nature and extent of the impact. The port commission shall adopt a program of noise impact abatement based upon the investigations and as amended periodically to conform to needs demonstrated by the monitoring programs. In no case may the port district undertake any of the programs prescribed in this chapter in an area that is:
(a) More than 10 miles beyond the paved north end of any runway;
(b) More than 13 miles beyond the paved south end of any runway; or
(c) More than two miles from the centerline of any runway 10 miles north and 13 miles south from the paved end of such runway.
(2) Areas within which a port district may undertake a program authorized in this chapter shall be known as "impacted areas."
[ 2024 c 194 s 2; 2020 c 105 s 2; 1984 c 193 s 1; 1979 c 85 s 1; 1974 ex.s. c 121 s 2.]
Notes:
Legislative findings—Intent—2024 c 194: See note following RCW 53.54.030.

catchline: Investigation and monitoring of noise impact—Programs to conform to needs—"Impacted areas."


title: RCW 53.54.030

text:
(1) For the purposes of this chapter, in developing a remedial program, the port commission may take steps as appropriate including, but not limited to, one or more of the following programs:
(a) Acquisition of property or property rights within the impacted area, which shall be deemed necessary to accomplish a port purpose. The port district may purchase such property or property rights by time payment notwithstanding the time limitations provided for in RCW 53.08.010. The port district may mortgage or otherwise pledge any such properties acquired to secure such transactions. The port district may assume any outstanding mortgages.
(b) Transaction assistance programs, including assistance with real estate fees and mortgage assistance, and other neighborhood remedial programs as compensation for impacts due to aircraft noise and noise associated conditions. Any such programs shall be in connection with properties located within an impacted area and shall be provided upon terms and conditions as the port district shall determine appropriate.
(c) Programs of soundproofing structures located within an impacted area. Such programs may be executed without regard to the ownership, provided the owner waives damages and conveys an easement for the operation of aircraft, and for noise and noise associated conditions therewith, to the port district.
(d) Mortgage insurance of private owners of lands or improvements within such noise impacted area where such private owners are unable to obtain mortgage insurance solely because of noise impact. In this regard, the port district may establish reasonable regulations and may impose reasonable conditions and charges upon the granting of such mortgage insurance. Such mortgage insurance fees and charges shall at no time exceed fees established for federal mortgage insurance programs for like service.
(e) Management of all lands, easements, or development rights acquired, including but not limited to the following:
(i) Rental of any or all lands or structures acquired;
(ii) Redevelopment of any such lands for any economic use consistent with airport operations, local zoning and the state environmental policy;
(iii) Sale of such properties for cash or for time payment and subjection of such property to mortgage or other security transaction: PROVIDED, That any such sale shall reserve to the port district by covenant an unconditional right of easement for the operation of all aircraft and for all noise or noise conditions associated therewith.
(2)(a) An individual property may be provided benefits by the port district under each of the programs described in subsection (1) of this section. However, an individual property may not be provided benefits under any one of these programs more than once, unless the property:
(i) Is subjected to increased aircraft noise or differing aircraft noise impacts that would have afforded different levels of mitigation, even if the property owner had waived all damages and conveyed a full and unrestricted easement; or
(ii) Contains a soundproofing installation, structure, or other type of sound mitigation equipment product or benefit previously installed pursuant to the remedial program under this chapter by the port district that is determined through inspection to be in need of a repair or replacement.
(b) Port districts choosing to exercise the authority under (a)(ii) of this subsection are required to conduct inspections of homes where mitigation improvements are no longer working as intended. In those properties, port districts may contract with building inspectors or other professionals with experience in sound testing, or window and door installs, or port districts may enter into an interlocal agreement under chapter 39.34 RCW with the county in which the port is located to contract for the provision of building inspectors or professionals with experience in sound testing, or window and door installs to determine whether package failure resulted in additional hazards or structural damage to the property. Any expense incurred by the county related to contracting of a building inspector or professional under this subsection (2)(b) must be reimbursed by the port district. A port district may use funds from the grant program created under RCW 43.330.610 to reimburse the county for expenses incurred for the contracting of a building inspector or other professional.
(c) Port districts choosing to exercise their authority under (b) of this subsection may apply to the grant program created under RCW 43.330.610 for resources to facilitate the assessment and inspection of noise mitigation equipment that is no longer working as intended, or is reported to have caused additional hazards or structural damage to the property.
(d) If a building inspector or other professional contracted pursuant to (c) of this subsection identifies that a property's noise mitigation equipment is no longer working as intended, then the associated port district must apply to the grant program created under RCW 43.330.610 for resources to repair or replace existing noise mitigation equipment. If an inspection confirms that installation of noise mitigation equipment resulted in additional hazards or structural damage to the property, then a port district must apply to the grant program under RCW 43.330.610 for resources to address those hazards or damages.
(3) A property shall be considered within the impacted area if any part thereof is within the impacted area.
[ 2024 c 194 s 3; 2021 c 65 s 3. Prior: 2020 c 112 s 1; 2020 c 105 s 3; 1993 c 150 s 1; 1985 c 115 s 1; 1974 ex.s. c 121 s 3.]
Notes:
Legislative findings—Intent—2024 c 194: "Airports are an important part of Washington's economy. Airports enable travel for business or recreation, allow for the transportation of cargo, and provide thousands of jobs for the people of the state.
For those living near an airport, there can also be adverse impacts from aircraft operations. In King county, the majority of people identifying as Black, Hispanic, Native Hawaiian, or Pacific Islander live within 10 miles of Seattle-Tacoma international airport.
Large port districts operating commercial service airports that administer aircraft noise mitigation programming have expressed a desire and intention to repair or replace aircraft noise mitigation equipment that has been found to be no longer working as intended or is reported to have caused additional hazards or structural damage to the property. Large port districts are restricted to use local, nonairport resources to address such equipment due to limitations imposed by federal regulations.
Ensuring the efficacy of existing noise mitigation equipment, and the repair or replacement of equipment that has caused hazards or structural damage to the property serves a fundamental governmental purpose and thereby provides wider public benefit to the citizens of Washington.
The legislature intends to partner with port districts operating large airports in the state and impacted areas to provide resources to repair or replace noise mitigation equipment that has been found to be no longer working as intended, or is found to have caused additional hazards or structural damage to the property, and to address the impacts of aircraft operations that are faced by impacted areas.
With this partnership and resources large airports can be more responsive, more effectively and quickly address relevant noise mitigation equipment, and help uphold the values of respect, antiracism, equity, and stewardship." [ 2024 c 194 s 1.]
Explanatory statement—2021 c 65: "RCW 1.08.025 directs the code reviser, with the approval of the statute law committee, to prepare legislation for submission to the legislature "concerning deficiencies, conflicts, or obsolete provisions" in statutes. This act makes technical, nonsubstantive amendments as follows:
(1) Section 2 of this act decodifies an obsolete section.
(2) Sections 3 through 5 of this act merge double amendments created when sections were amended in the 2020 legislative session without reference to the amendments made in the same session.
(3) Chapter 20, Laws of 2020 (SHB 2246) reorganized certain environmental statutes and recodified numerous statutes to create a new Title 70A RCW. Sections 6 through 102 of this act update and correct many of the RCW citations impacted by chapter 20, Laws of 2020.
(4) Section 103 of this act corrects an erroneous chapter reference.
(5) Sections 104 through 108 of this act clarify references to the effective date of chapter 11.130 RCW." [ 2021 c 65 s 1.]

catchline: Authorized programs—When property deemed within impacted area—Noise mitigation grant program.


title: RCW 53.54.040

text:
A port district may establish a fund to be utilized in effectuating the intent of this chapter. The port district may finance such fund by: The proceeds of any grants or loans made by federal agencies; the proceeds of any grants made by the department of commerce pursuant to RCW 43.330.610; rentals, charges, and other revenues as may be generated by programs authorized by this chapter, airport revenues; and revenue bonds based upon such revenues. The port district may also finance such fund, as necessary, in whole or in part, with the proceeds of general obligation bond issues of not more than one-eighth of one percent of the value of taxable property in the port district: PROVIDED, That any such bond issue shall be in addition to bonds authorized by RCW 53.36.030: PROVIDED FURTHER, That any such general obligation bond issue may be subject to referendum by petition as provided by county charter, the same as if it were a county ordinance.
[ 2024 c 194 s 4; 1974 ex.s. c 121 s 4.]
Notes:
Legislative findings—Intent—2024 c 194: See note following RCW 53.54.030.

catchline: Fund authorized—Sources.


title: RCW 53.54.900

text:
The rule of strict construction shall have no application to this chapter, which shall be liberally construed to carry out the purposes and objects for which this chapter is intended. The powers granted in this chapter shall be in addition to all others granted to port districts.
[ 1974 ex.s. c 121 s 5.]

catchline: Liberal construction—Powers additional.


title: RCW 53.56.010

text:
The legislature intends for port districts to set standards for addressing the reporting and accountability of substantially career fire departments, and to specify performance measures applicable to response time objectives for certain major services. The legislature acknowledges the efforts of the international city/county management association, the international association of fire chiefs, and the national fire protection association for the organization and deployment of resources for fire departments. The arrival of first responders with automatic external defibrillator capability before the onset of brain death, and the arrival of adequate fire suppression resources before flash-over is a critical event during the mitigation of an emergency, and is in the public's best interest. For these reasons, this chapter contains performance measures, comparable to that research, relating to the organization and deployment of fire suppression operations, emergency medical operations, and special operations by substantially career fire departments. This chapter does not, and is not intended to, in any way modify or limit the authority of port districts to set levels of service.
[ 2005 c 376 s 401.]

catchline: Intent.


title: RCW 53.56.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Advanced life support" means functional provision of advanced airway management, including intubation, advanced cardiac monitoring, manual defibrillation, establishment and maintenance of intravenous access, and drug therapy.
(2) "Aircraft rescue and firefighting" means the firefighting actions taken to rescue persons and to control or extinguish fire involving or adjacent to aircraft on the ground.
(3) "Brain death" as defined by the American heart association means the irreversible death of brain cells that begins four to six minutes after cardiac arrest.
(4) "Fire department" means a port district fire department responsible for firefighting actions, emergency medical services, and other special operations in a specified geographic area. The department must be a substantially career fire department, and not a substantially volunteer fire department.
(5) "Fire suppression" means the activities involved in controlling and extinguishing fires.
(6) "First responder" means provision of initial assessment and basic first-aid intervention, including cardiac pulmonary resuscitation and automatic external defibrillator capability.
(7) "Flash-over" as defined by national institute of standards and technology means when all combustibles in a room burst into flame and the fire spreads rapidly.
(8) "Marine rescue and firefighting" means the firefighting actions taken to prevent, control, or extinguish fire involved in or adjacent to a marine vessel and the rescue actions for occupants using normal and emergency routes for egress.
(9) "Port" means a port district that provides fire protection services, which may include firefighting actions, emergency medical services, and other special operations, in a specified geographic area.
(10) "Response time" means the time immediately following the turnout time that begins when units are en route to the emergency incident and ends when units arrive at the scene.
(11) "Special operations" means those emergency incidents to which the fire department responds that require specific and advanced training and specialized tools and equipment.
(12) "Turnout time" means the time beginning when units receive notification of the emergency to the beginning point of response time.
[ 2005 c 376 s 402.]

catchline: Definitions.


title: RCW 53.56.030

text:
(1) Every port shall maintain a written statement or policy that establishes the following:
(a) The existence of a fire department;
(b) Services that the fire department is required to provide;
(c) The basic organizational structure of the fire department;
(d) The expected number of fire department employees; and
(e) Functions that fire department employees are expected to perform.
(2) Every port shall include service delivery objectives in the written statement or policy required under subsection (1) of this section. These objectives shall include specific response time objectives for the following major service components, if appropriate:
(a) Fire suppression;
(b) Emergency medical services;
(c) Special operations;
(d) Aircraft rescue and firefighting;
(e) Marine rescue and firefighting; and
(f) Wildland firefighting.
(3) Every port, in order to measure the ability to arrive and begin mitigation operations before the critical events of brain death or flash-over, shall establish time objectives for the following measurements:
(a) Turnout time;
(b) Response time for the arrival of the first arriving engine company at a fire suppression incident and response time for the deployment of a full first alarm assignment at a fire suppression incident;
(c) Response time for the arrival of a unit with first responder or higher level capability at an emergency medical incident; and
(d) Response time for the arrival of an advanced life support unit at an emergency medical incident, where this service is provided by the fire department.
(4) Every port shall also establish a performance objective of not less than ninety percent for the achievement of each response time objective established under subsection (3) of this section.
(5) An annual part 139 inspection and certification by the federal aviation administration shall be considered to meet the requirements of this section.
[ 2005 c 376 s 403.]

catchline: Policy statement—Service delivery objectives.


title: RCW 53.56.040

text:
(1) Every port shall evaluate its level of service and deployment delivery and response time objectives on an annual basis. The evaluations shall be based on data relating to level of service, deployment, and the achievement of each response time objective in each geographic area within the port's jurisdiction.
(2) Beginning in 2007, every port shall issue an annual written report which shall be based on the annual evaluations required by subsection (1) of this section.
(a) The annual report shall define the geographic areas and circumstances in which the requirements of this standard are not being met.
(b) The annual report shall explain the predictable consequences of any deficiencies and address the steps that are necessary to achieve compliance.
(3) An annual part 139 inspection and certification by the federal aviation administration shall be considered to meet the requirements of this section.
[ 2005 c 376 s 404.]

catchline: Annual evaluations—Annual report.


title: RCW 53.57.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Port commission" means a port commission governed by chapter 53.12 RCW of a port district that either singly or jointly creates a port development authority under the provisions of this chapter.
(2) "Port district" or "port districts" means a port district or port districts that are located in a county with a population of more than eight hundred thousand on July 24, 2015.
(3) "Port public development authority" or "port development authority" means a port public development authority created by a single port district or jointly created by two port districts in accordance with RCW 53.57.020.
[ 2015 c 35 s 2.]
Notes:
Findings—Intent—2015 c 35: See note following RCW 53.57.020.


title: RCW 53.57.020

text:
(1) A port district or two port districts that act jointly in accordance with subsection (3) of this section may by resolution:
(a) Create a port development authority solely to manage maritime activities of the port district or districts; and
(b) Transfer to any port development authority created under this section, with or without consideration, any funds, real or personal property, property interests, or services.
(2) Port development authorities created under subsection (1) of this section may:
(a) Administer and execute federal grants or programs;
(b) Receive and administer private funds, goods, or services for any lawful public purpose related to maritime activities of the port district or districts; and
(c) Perform any lawful public purpose or public function related to maritime activities of the port district or districts, including exercise any powers of the port district or districts that created the port development authority, subject to limitations provided in this chapter.
(3) Two port districts, each located in a county with a population of more than eight hundred thousand on July 24, 2015, may jointly exercise the authority provided in this section under an agreement for joint or cooperative action executed in accordance with the interlocal cooperation act, chapter 39.34 RCW.
(4) Any resolution to create a port development authority that is adopted by a port district under this section must limit the liability of the port development authority to the assets and property of the port development authority.
[ 2015 c 35 s 3.]
Notes:
Findings—Intent—2015 c 35: "The legislature finds that the shipping and port industries must contend with an increasingly competitive global market. Historically, port districts competed against other local port districts. Today, port districts compete on a global scale, and the current landscape is rapidly changing with the expansion of facilities in Canada and the impending widening of the Panama Canal. The ports of Seattle and Tacoma are the third largest container trade centers in the United States, but they are in a race to hold onto this position. The legislature finds that Washington's ports need to be able to work cooperatively to protect the maritime base of the state.
The legislature intends to enable certain port districts to create port public development authorities for the management of their maritime activities and to act cooperatively under the interlocal cooperation act, chapter 39.34 RCW. The legislature intends for the port districts to be able to partner as a single management team and use financial resources strategically, while remaining separate entities and complying with federal regulations. The legislature finds that enacting this authority will help Washington remain competitive globally, protect the state's long-term economic and societal interests in port district jobs and growth, and provide a tool to allow ports to work together on behalf of the state." [ 2015 c 35 s 1.]

catchline: Port development authority—Creation—Powers—Joint exercise of authority.


title: RCW 53.57.030

text:
(1) The affairs, operations, and funds of a port development authority must be governed by the port district or districts that created the port development authority. Each port district governing the port development authority must oversee the affairs, operations, and funds of the port development authority exclusively through the elected port commission of the port district. If the port development authority is jointly created by more than one port district under RCW 53.57.020, then the port development authority must be managed by each port district as a member of the port development authority, in accordance with the terms of this section and the charter for the port development authority. Each port district member shall act in such capacity through its own elected commissioners.
(2) Any port district that creates a port development authority under RCW 53.57.020 must provide for the organization and operation of the port development authority, oversee the affairs, operations, and funds of the port development authority in order to correct any deficiency, and ensure that the purposes of each program undertaken are reasonably accomplished.
(3) A port development authority, in managing maritime activities of a port district or districts under this chapter, may:
(a) Own and sell real and personal property;
(b) Contract with individuals, associations, corporations, the state, and the United States;
(c) Sue and be sued;
(d) Loan and borrow funds;
(e) Issue bonds, notes, and other evidences of indebtedness;
(f) Transfer funds, real or personal property, property interests, or services; and
(g) Perform community services related to maritime activities managed by the port development authority.
(4) Port development authorities do not have the power of eminent domain or the power to levy taxes or special assessments.
[ 2015 c 35 s 4.]
Notes:
Findings—Intent—2015 c 35: See note following RCW 53.57.020.


title: RCW 53.57.040

text:
(1) For the management of maritime activities, port districts and port development authorities are authorized to enter into an agreement with the federal government, any federal agency or department, and any state agency or political subdivision of the state, and pursuant to the agreement:
(a) Receive and expend, or cause to be received and expended by a trustee or custodian, federal or private funds for any lawful public purpose related to management of maritime activities of the port district or port development authority;
(b) Issue bonds, notes, or other evidences of indebtedness that are guaranteed or otherwise secured by funds or other instruments provided by or through the federal government; and
(c) Agree to repay and reimburse for any liability of a guarantor of bonds, notes, or other evidences of indebtedness issued by the port district or port development authority.
(2) A port district or port development authority may pledge as security for any bond, note, or other evidence of indebtedness, or for any obligation to repay or reimburse the guarantor of a bond, note, or evidence of indebtedness, its right, title, and interest to or in the following:
(a) Any federal grant or payment received by the port district or port development authority, or that may be received in the future;
(b) Property and revenues that may be obtained directly or indirectly from the use of any federal or private funds received by the port district or port development authority under subsection (1) of this section;
(c) Payments received or owing from any person as a result of the lending of any federal or private funds received by the port district or port development authority under subsection (1) of this section;
(d) Any proceeds under (a), (b), or (c) of this subsection (2), and any securities or investments in which (a), (b), or (c) of this subsection (2) and any associated proceeds are invested; and
(e) Any interest or other earnings on (a), (b), (c), or (d) of this subsection (2).
(3)(a) A port district or port development authority may establish one or more special funds relating to any or all of the sources listed in subsection (2)(a) through (e) of this section. The port district or port development authority may use funds from a special fund to pay:
(i) The principal, interest, premium, if any, and other amounts payable on any bond, note, or other evidence of indebtedness authorized under this section; and
(ii) Any amounts owing on obligations for repayment or reimbursement of guarantors of bonds, notes, or other evidences of indebtedness as authorized under this section.
(b) A port district or port development authority may contract with a financial institution to act as trustee or custodian to: (i) Receive, administer, and expend any federal or private funds; (ii) collect, administer, and make payments from any special fund authorized under this subsection (3); or (iii) perform the functions authorized under both (b)(i) and (ii) of this subsection (3). The trustee or custodian may also perform other duties and functions in connection with authorized transactions.
(c) If any bond, note, other evidence of indebtedness, or related agreement complies with subsection (4) of this section, then any of the funds held by a trustee or custodian, or by a port development authority, do not constitute public moneys or funds of a port district, and must be kept segregated and set apart from other funds at all times.
(4)(a) If a port development authority loans or grants federal or private funds to a private party, or uses federal or private funds to guarantee any obligations of a private party, then any bond, note, or other evidence of indebtedness issued or entered into for the purpose of receiving the federal or private funds, or any agreement to repay or reimburse guarantors, are not obligations of a port district. These obligations may be paid only from:
(i) A special fund established in accordance with subsection (3) of this section;
(ii) Any security pledged in accordance with this section; or
(iii) Both (a)(i) and (ii) of this subsection (4).
(b) Any bond, note, or other evidence of indebtedness to which this subsection (4) applies must contain a recital establishing that the bond, note, or evidence of indebtedness is not an obligation of the port district or the state, and that neither the faith and credit, nor the taxing power of the state, any subdivision or agency of the state, or any port district is pledged to pay the principal, interest, or premium, if any, on the bond, note, or evidence of indebtedness.
(c) Any bond, note, other evidence of indebtedness, or other obligation to which this subsection (4) applies may not be included in any computation for purposes of limitations on indebtedness.
(5) For the purposes of this section, "lawful public purpose" includes any use of funds related to management of the maritime activities of a port district or port development authority, including loans of funds to public or private parties authorized by an agreement with the United States or any federal department or agency through which federal or private funds are obtained or authorized under the federal laws and regulations pertinent to the agreement.
[ 2015 c 35 s 5.]
Notes:
Findings—Intent—2015 c 35: See note following RCW 53.57.020.

catchline: Agreements with government entities—Bonds, notes, or other evidence of indebtedness—Special funds.


title: RCW 53.57.050

text:
Powers, authorities, or rights expressly or impliedly granted to any port district or agents of the port district under the provisions of this chapter are not operable, applicable, or effective beyond the boundaries of the port district, unless so provided by contract between the port district and a county, a city, or another port district in accordance with an agreement for joint or cooperative action under the interlocal cooperation act, chapter 39.34 RCW.
[ 2015 c 35 s 6.]
Notes:
Findings—Intent—2015 c 35: See note following RCW 53.57.020.


title: RCW 53.57.060

text:
A port development authority created under this chapter must comply with applicable laws including, but not limited to, the following:
(1) Requirements concerning local government audits by the state auditor and applicable accounting requirements set forth in chapter 43.09 RCW;
(2) The public records act, chapter 42.56 RCW;
(3) Prohibitions on using facilities for campaign purposes under RCW 29B.45.010;
(4) The open public meetings act, chapter 42.30 RCW;
(5) The code of ethics for municipal officers under chapter 42.23 RCW; and
(6) Local government whistleblower protection laws set forth in chapter 42.41 RCW.
[ 2024 c 164 s 530; 2015 c 35 s 7.]
Notes:
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.
Findings—Intent—2015 c 35: See note following RCW 53.57.020.

catchline: Applicable laws.


title: RCW 53.57.070

text:
(1) In transferring real property to a port development authority under RCW 53.57.020, the port district or districts creating the port development authority must impose appropriate deed restrictions necessary to ensure the continued use of the property for the public purpose for which the property is transferred.
(2) A port development authority must provide written notice at least thirty days prior to any proposed sale or encumbrance of real property that was transferred by a port district to the port development authority under RCW 53.57.020(1). The port development authority must, at a minimum, provide notice to:
(a) The port commission of the port district that transferred the real property;
(b) Each local newspaper of general circulation within the boundaries of the port district; and
(c) Each local radio station, television station, or other news medium that has submitted to the port development authority a written request to receive notification.
(3)(a) A port development authority may sell or encumber property transferred by a port district under RCW 53.57.020(1) only after approval of the sale or encumbrance by the port development authority at a public meeting. Notice of the public meeting must be: (i) Provided in accordance with RCW 42.30.080; and (ii) published at least twice in a local newspaper of general circulation no fewer than seven days and no more than two weeks before the public meeting.
(b) Nothing in this section may be construed to prevent the port development authority from holding an executive session during a regular or special meeting in accordance with RCW 42.30.110(1)(c).
[ 2015 c 35 s 8.]
Notes:
Findings—Intent—2015 c 35: See note following RCW 53.57.020.

catchline: Transfer of real property—Notice requirements—Approval process.


title: RCW 53.57.080

text:
(1) If a port development authority is insolvent or dissolved, the superior court of a county in which the port development authority operates has jurisdiction and authority to appoint trustees or receivers of the assets and property of the port development authority and to supervise the trusteeship or receivership.
(2) All liabilities incurred by a port development authority must be satisfied exclusively from the assets and properties of the port development authority. No creditor or other person has any right of action against the port district or districts creating the port development authority on account of any debts, obligations, or liabilities of the port development authority.
[ 2015 c 35 s 9.]
Notes:
Findings—Intent—2015 c 35: See note following RCW 53.57.020.

catchline: Insolvency or dissolution—Satisfaction of liabilities.


title: RCW 53.58.010

text:
(1) Moneys available to a port district or a port development authority may be used to purchase zero and near zero emissions cargo handling equipment and infrastructure supporting that equipment for the use of the port district, port development authority, or tenants or lessees thereof.
(2) Moneys available to a port district or a port development authority shall not be used to purchase fully automated marine container cargo handling equipment.
(3) For the purposes of this section:
(a) "Fully automated marine container cargo handling equipment" means equipment that is remotely operated or remotely monitored, with or without the exercise of human intervention or control.
(b) "Port development authority" means a port public development authority created by a single port district or jointly created by two port districts in accordance with RCW 53.57.020.
[ 2026 c 75 s 1; 2021 c 88 s 1.]

catchline: Purchase of zero and near zero emissions cargo handling equipment.


title: RCW 54.04.010

text:
As used in this title "revenue obligation" or "revenue obligations" mean and include bonds, notes, warrants, certificates of indebtedness, or any other evidences of indebtedness issued by a district which, by the terms thereof, shall be payable from the revenues of its public utilities.
[ 1959 c 218 s 14.]
Notes:
"Wholesale power" defined: RCW 54.04.100.


title: RCW 54.04.020

text:
Municipal corporations, to be known as public utility districts, are hereby authorized for the purposes of chapter 1, Laws of 1931 and may be established within the limits of the state of Washington, as provided herein.
[ 1931 c 1 s 2; RRS s 11606.]
Notes:
Purpose—1931 c 1: "The purpose of this act is to authorize the establishment of public utility districts to conserve the water and power resources of the State of Washington for the benefit of the people thereof, and to supply public utility service, including water and electricity for all uses." [ 1931 c 1 s 1.]
Severability—Construction—1931 c 1: "Adjudication of invalidity of any section, clause or part of a section of this act shall not impair or otherwise affect the validity of the act as a whole or any other part thereof.
The rule of strict construction shall have no application to this act, but the same shall be liberally construed, in order to carry out the purposes and objects for which this act is intended.
When this act comes in conflict with any provision, limitation or restriction in any other law, this act shall govern and control." [ 1931 c 1 s 11.]

catchline: Districts authorized.


title: RCW 54.04.030

text:
Chapter 1, Laws of 1931, shall not be deemed or construed to repeal or affect any existing act, or any part thereof, relating to the construction, operation and maintenance of public utilities by irrigation or water-sewer districts or other municipal corporations, but shall be supplemental thereto and concurrent therewith. No public utility district created hereunder shall include therein any municipal corporation, or any part thereof, where such municipal corporation already owns or operates all the utilities herein authorized: PROVIDED, that in case it does not own or operate all such utilities it may be included within such public utility district for the purpose of establishing or operating therein such utilities as it does not own or operate: PROVIDED, FURTHER, That no property situated within any irrigation or water-sewer districts or other municipal corporations shall ever be taxed or assessed to pay for any utility, or part thereof, of like character to any utility, owned or operated by such irrigation or water districts or other municipal corporations.
[ 1999 c 153 s 64; 1931 c 1 s 12; RRS s 11616.]
Notes:
Part headings not law—1999 c 153: See note following RCW 57.04.050.
Irrigation districts: Title 87 RCW.
Municipal utilities: RCW 80.04.500, 81.04.490 and chapter 35.92 RCW.
Water-sewer districts: Title 57 RCW.

catchline: Restrictions on invading other municipalities.


title: RCW 54.04.035

text:
In addition to other powers authorized in Title 54 RCW, public utility districts may annex territory as provided in this section.
The boundaries of a public utility district may be enlarged and new contiguous territory added pursuant to the procedures for annexation by cities and towns provided in RCW 35.13.015 through 35.13.110. The provisions of these sections concerning *community municipal corporations, review boards, and comprehensive plans, however, do not apply to public utility district annexations. For purposes of conforming with such procedures, the public utility district is deemed to be the city or town and the board of commissioners is deemed to be the city or town legislative body.
Annexation procedures provided in this section may only be used to annex territory that is both: (1) Contiguous to the annexing public utility district; and (2) located within the service area of the annexing public utility district. As used in this section, a public utility district's "service area" means those areas whether located within or outside of the annexing public utility district's boundaries that were generally served with electrical energy by the annexing public utility district on January 1, 1987. Such service area may, or may not, have been recognized in an agreement made under chapter 54.48 RCW, but no area may be included within such service area that was generally served with electrical energy on January 1, 1987, by another public utility as defined in RCW 54.48.010. An area proposed to be annexed may be located in the same or a different county as the annexing public utility district.
If an area proposed to be annexed is located within the boundaries of another public utility district, annexation may be initiated only upon petition of registered voters residing in the area in accordance with RCW 35.13.020 and adoption by the boards of commissioners of both districts of identical resolutions stating (a) the boundaries of the area to be annexed, (b) a determination that annexation is in the public interest of the residents of the area to be annexed as well as the public interest of their respective districts, (c) approval of annexation by the board, (d) the boundaries of the districts after annexation, (e) the disposition of any assets of the districts in the area to be annexed, (f) the obligations to be assumed by the annexing district, (g) apportionment of election costs, and (h) that voters in the area to be annexed will be advised of lawsuits that may impose liability on the annexed territory and the possible impact of annexation on taxes and utility rates.
If annexation is approved, the area annexed shall cease to be a part of the one public utility district at the same time that it becomes a part of the other district. The annexing public utility district shall assume responsibility for providing the area annexed with the services provided by the other public utility district in the area annexed.
[ 1987 c 292 s 2; 1983 c 101 s 1.]
Notes:
*Reviser's note: RCW 35.13.015 through 35.13.110 were amended by 2022 c 26, deleting the provisions for "community municipal corporations."
Consolidation and annexation: Chapter 54.32 RCW.

catchline: Annexation of territory.


title: RCW 54.04.037

text:
When territory has been added to a public utility district in accordance with RCW 54.04.035, the supervisor of elections and other officers of the county in which the public utility district first operated shall coordinate elections, the levy and collection of taxes, and other necessary duties with the appropriate county officials of the other county.
[ 1987 c 292 s 3.]

catchline: Annexation of territory—Coordination among county officials.


title: RCW 54.04.039

text:
(1) Any voting precinct located within a county that has a federal nuclear reservation within its boundaries is:
(a) Withdrawn from a public utility district if the precinct receives at least one electric distribution, water, or sewer service from a city, and no electric distribution, water, or sewer service from a public utility district;
(b) Included in a public utility district if any portion of the precinct receives at least one electric distribution, water, or sewer service from the public utility district.
(2) For voting precincts that meet the requirements of subsection (1) of this section, within ten days after March 24, 2004, and for voting precincts that later meet the requirements of subsection (1) of this section, within thirty days of meeting the requirements:
(a) The city that provides any electric distribution, water, or sewer service to a precinct that is withdrawn from a public utility district under subsection (1) of this section shall submit to the public utility district and the county auditor a list of street addresses, or map of the areas to which any service is provided;
(b) The public utility district that provides any electric distribution, water, or sewer service to a precinct that is included in the public utility district under subsection (1) of this section shall submit to the city or town and the county auditor a list of street addresses, or map of the areas to which any service is provided.
(3) Within ten days of receipt of the information required under subsection (2) of this section, the auditor shall determine which voting precincts are required to be withdrawn from or included in the public utility district, and provide that information to the public utility district commissioners who shall, within ten days, revise the boundaries of the district in conformance with RCW 54.12.010 without dividing any voting precinct.
(4) Unless otherwise provided in an agreement between the public utility district and the city or town, taxes or assessments levied or assessed against property located in an area withdrawn from a public utility district shall remain a lien and be collected as by law (a) if the taxes or assessments were levied or assessed before the withdrawal or (b) if the levies or assessments were made to pay or secure an obligation of the district duly incurred or issued before the withdrawal. The withdrawal of an area from the boundaries of a district does not exempt any property therein from taxation or assessment for the purpose of paying the costs of retiring or redeeming any obligation of the district duly incurred or issued before the withdrawal.
(5) Except as set forth in subsection (4) of this section, a public utility district may not levy or impose any taxes upon property located within those voting precincts withdrawn from the public utility district.
(6) Nothing in chapter 113, Laws of 2004 limits the authority of public utility districts and cities or towns to enter into service agreements that are otherwise permitted by law.
[ 2004 c 113 s 2.]
Notes:
Effective date—2004 c 113: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 24, 2004]." [ 2004 c 113 s 3.]

catchline: County with federal nuclear reservation within its boundaries—Special procedure for addition or withdrawal of territory from public utility district.


title: RCW 54.04.040

text:
A district shall not construct any property to be utilized by it in the operation of a plant or system for the generation, transmission, or distribution of electric energy for sale, on the streets, alleys, or public places within a city or town without the consent of the governing body of the city or town and approval of the plan and location of the construction, which shall be made under such reasonable terms as the city or town may impose. All such properties shall be maintained and operated subject to such regulations as the city or town may prescribe under its police power.
[ 1957 c 278 s 9. Prior: (i) 1941 c 245 s 3a; Rem. Supp. 1941 s 11616-4. (ii) 1941 c 245 s 1, part; Rem. Supp. 1941 s 11616-1.]

catchline: Utilities within a city or town—Restrictions.


title: RCW 54.04.045

text:
(1) As used in this section:
(a) "Attachment" means the affixation or installation of any wire, cable, or other physical material capable of carrying electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but not limited to cable, and any related device, apparatus, or auxiliary equipment upon any pole owned or controlled in whole or in part by one or more locally regulated utilities where the installation has been made with the necessary consent.
(b) "Licensee" means any person, firm, corporation, partnership, company, association, joint stock association, or cooperatively organized association, which is authorized to construct attachments upon, along, under, or across public ways.
(c) "Locally regulated utility" means a public utility district not subject to rate or service regulation by the utilities and transportation commission.
(d) "Nondiscriminatory" means that pole owners may not arbitrarily differentiate among or between similar classes of licensees approved for attachments.
(2) All rates, terms, and conditions made, demanded, or received by a locally regulated utility for attachments to its poles must be just, reasonable, nondiscriminatory, and sufficient. A locally regulated utility shall levy attachment space rental rates that are uniform for the same class of service within the locally regulated utility service area.
(3) A just and reasonable rate must be calculated as follows:
(a) One component of the rate shall consist of the additional costs of procuring and maintaining pole attachments, but may not exceed the actual capital and operating expenses of the locally regulated utility attributable to that portion of the pole, duct, or conduit used for the pole attachment, including a share of the required support and clearance space, in proportion to the space used for the pole attachment, as compared to all other uses made of the subject facilities and uses that remain available to the owner or owners of the subject facilities;
(b) The other component of the rate shall consist of the additional costs of procuring and maintaining pole attachments, but may not exceed the actual capital and operating expenses of the locally regulated utility attributable to the share, expressed in feet, of the required support and clearance space, divided equally among the locally regulated utility and all attaching licensees, in addition to the space used for the pole attachment, which sum is divided by the height of the pole; and
(c) The just and reasonable rate shall be computed by adding one-half of the rate component resulting from (a) of this subsection to one-half of the rate component resulting from (b) of this subsection.
(4) For the purpose of establishing a rate under subsection (3)(a) of this section, the locally regulated utility may establish a rate according to the calculation set forth in subsection (3)(a) of this section or it may establish a rate according to the cable formula set forth by the federal communications commission by rule as it existed on June 12, 2008, or such subsequent date as may be provided by the federal communications commission by rule, consistent with the purposes of this section.
(5) Except in extraordinary circumstances, a locally regulated utility must respond to a licensee's application to enter into a new pole attachment contract or renew an existing pole attachment contract within forty-five days of receipt, stating either:
(a) The application is complete; or
(b) The application is incomplete, including a statement of what information is needed to make the application complete.
(6) Within sixty days of an application being deemed complete, the locally regulated utility shall notify the applicant as to whether the application has been accepted for licensing or rejected. In extraordinary circumstances, and with the approval of the applicant, the locally regulated utility may extend the sixty-day timeline under this subsection. If the application is rejected, the locally regulated utility must provide reasons for the rejection. A request to attach may only be denied on a nondiscriminatory basis (a) where there is insufficient capacity; or (b) for reasons of safety, reliability, or the inability to meet generally applicable engineering standards and practices.
(7) Nothing in this section shall be construed or is intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally regulated utilities.
[ 2008 c 197 s 2; 1996 c 32 s 5.]
Notes:
Intent—2008 c 197: "It is the policy of the state to encourage the joint use of utility poles, to promote competition for the provision of telecommunications and information services, and to recognize the value of the infrastructure of locally regulated utilities. To achieve these objectives, the legislature intends to establish a consistent cost-based formula for calculating pole attachment rates, which will ensure greater predictability and consistency in pole attachment rates statewide, as well as ensure that locally regulated utility customers do not subsidize licensees. The legislature further intends to continue working through issues related to pole attachments with interested parties in an open and collaborative process in order to minimize the potential for disputes going forward." [ 2008 c 197 s 1.]

catchline: Locally regulated utilities—Attachments to poles—Rates—Contracting.


title: RCW 54.04.050

text:
(1) Subject to chapter 48.62 RCW, any public utility district engaged in the operation of electric or water utilities may enter into contracts of group insurance for the benefit of its employees, and pay all or any part of the premiums for such insurance. Such premiums shall be paid out of the revenues derived from the operation of such properties: PROVIDED, That if the premium is to be paid by the district and employees jointly, and the benefits of the policy are offered to all eligible employees, not less than seventy-five percent of such employees may be so insured.
(2) A public utility district engaged in the operation of electric or water utilities may establish and maintain for the benefit of its eligible employees and officials any plan of deferred compensation or supplemental savings plan for retirement, and make contributions or pay benefits thereunder out of the revenue derived from the operation of its properties. For purposes of this section, "contributions" includes contributions on behalf of an eligible employee equal to the amount by which the employee agrees to a reduction in salary or wages and also includes contributions made by the public utility district separate from amounts otherwise intended as salary or wages. Coverage of an employee under a plan under this section does not render the employee or official ineligible for simultaneous membership and participation in any pension system for public employees.
(3) Contributions must be deposited in designated accounts, held in trust, or remitted to an insurer. When deposited to an account or held in trust, the account or trust fund is considered a public retirement fund within the meaning of Article XXIX, section 1 of the state Constitution, for the purpose of determining eligible investments and deposits of money into the account or trust.
(4) Contributions may be deposited or invested in a credit union, savings and loan association, bank, mutual savings bank, purchase life insurance, shares of an investment company, or fixed or variable annuity contracts from any insurance company or any investment company licensed to contract business in this state. To the extent a plan is an individual account plan, participants in the plan may be permitted to self-direct the investment of assets allocated to their account through the selection of investment options authorized under the plan, and an employee, official, or commissioner of the district is not liable for any loss or deficiency resulting from participant investments. An "individual account plan" is a plan that provides for an individual account for each participant and for benefits based upon the amount contributed to the participant's account, and any income, expenses, gains and losses, and any forfeitures of accounts or other participants which may be allocated to that participant's account.
[ 2011 c 30 s 1; 1991 sp.s. c 30 s 23; 1984 c 15 s 1; 1959 c 233 s 1; 1941 c 245 s 8; Rem. Supp. 1941 s 11616-6.]
Notes:
Intent—2011 c 30: "This act is intended to clarify existing authority of public utility districts to provide deferred compensation and supplemental savings plans for retirement for their employees, commissioners, and other officials." [ 2011 c 30 s 2.]
Effective date, implementation, application—1991 sp.s. c 30: See RCW 48.62.900.
Severability—1941 c 245: "If any section or provision of this act shall be adjudged to be invalid, such adjudication shall not affect the validity of the act as a whole or any section, provision or part thereof not adjudged to be invalid." [ 1941 c 245 s 11.]
Group insurance: Chapters 48.21 and 48.24 RCW.
Hospitalization and medical insurance authorized: RCW 41.04.180.

catchline: Group employee insurance—Deferred compensation plans—Supplemental savings plans.


title: RCW 54.04.055

text:
Any public utility district which provides for the coverage of any of its employees under any plan for individual annuity contracts, retirement income policies, group annuity contracts, group insurance for the benefit of its employees, or any other contract for the benefit of its employees, and pays all or any part of the premiums or other payments required therefor, is hereby authorized to continue to make such payments for such employees after their retirement from employment. Such payments agreed to by the public utility district shall be considered as deferred compensation. Such payments shall not be retroactive but shall only be available for those employees employed on or after August 6, 1965 provided that such payments for retired employees shall not exceed those being paid for regular employees.
[ 1965 ex.s. c 149 s 1.]

catchline: Employee benefits—District may continue to pay premiums after employee retires.


title: RCW 54.04.060

text:
The supervisor of elections or other proper officer of the county shall give notice of all elections held under this title, for the time and in the manner and form provided for city, town, school district, and port district elections. When the supervisor or other officer deems an emergency exists, and is requested so to do by a resolution of the district commission, he or she may call a special election at any time in the district, and he or she may combine or divide precincts for the purpose of holding special elections, and special elections shall be conducted and notice thereof given in the manner provided by law.
The supervisor or other officer shall provide polling places, appoint the election officers, provide their compensation, provide ballot boxes, and ballots or voting machines, poll books and tally sheets, and deliver them to the election officers at the polling places, publish and post notices of the elections in the manner provided by law, and apportion to the district its share of the expense of the election.
The manner of conducting and voting at the elections, opening and closing of polls, keeping of poll lists, canvassing the votes, declaring the result, and certifying the returns, shall be the same as for the election of state and county officers, except as otherwise provided herein.
The district commission shall certify to the supervisor a list of offices to be filled at a district election and the commission, if it desires to submit to the voters of the district a proposition, shall require the secretary of the commission to certify it at the time and in the manner and form provided for certifying propositions by the governing board of cities, towns, and port districts.
[ 2010 c 8 s 17001; 1951 c 207 s 1; 1941 c 245 s 5; 1931 c 1 s 5; RRS s 11609.]

catchline: District elections.


title: RCW 54.04.070

text:
(1) Any item, or items of the same kind of materials, equipment, or supplies purchased, the estimated cost of which is in excess of $30,000, exclusive of sales tax, shall be by contract. However, a district may make purchases of the same kind of items of materials, equipment, and supplies not exceeding $12,000 in any calendar month without a contract, purchasing any excess thereof over $12,000 by contract.
(2) Any work ordered by a district commission, the estimated cost of which is in excess of $150,000 exclusive of sales tax if more than a single craft or trade is involved with the public works project, or a public works project in excess of $75,500 exclusive of sales tax if only a single craft or trade is involved with the public works project, shall be by contract. However, a district commission may have its own regularly employed personnel perform work which is an accepted industry practice under prudent utility management without a contract. For purposes of this subsection, "prudent utility management" means performing work with regularly employed personnel utilizing material of a worth not exceeding $300,000 in value without a contract. This limit on the value of material being utilized in work being performed by regularly employed personnel shall not include the value of individual items of equipment. For the purposes of this section, the term "equipment" includes but is not limited to conductor, cabling, wire, pipe, or lines used for electrical, water, fiber optic, or telecommunications.
(3) Until January 1, 2045, any work ordered by a district commission for the construction, maintenance, operation, or repair of new or existing nonemitting electric generation, electric generation from a renewable resource, energy storage, or transmission or distribution projects, the estimated cost of which is in excess of $500,000 exclusive of sales tax, shall be by contract. However, a district commission may have its own regularly employed personnel perform work described in this subsection which is an accepted industry practice under prudent utility management without a contract. For purposes of this subsection, "prudent utility management" means performing work with regularly employed personnel utilizing material of a worth not exceeding $1,000,000 in value without a contract. This limit on the value of material being utilized in work being performed by regularly employed personnel does not include the value of individual items of equipment. For the purposes of this subsection, "equipment" includes but is not limited to conductor, cabling, wire, lines, parts, components, or other devices used in nonemitting electrical generation, transmission, or distribution. For purposes of this subsection, "nonemitting electric generation" and "renewable resource" have the definitions provided in RCW 19.405.020.
(4) Before awarding a contract required under subsection (1), (2), or (3) of this section, the commission shall publish a notice once or more in a newspaper of general circulation in the district at least 13 days before the last date upon which bids will be received, inviting sealed proposals for the work or materials. Plans and specifications for the work or materials shall at the time of publication be on file at the office of the district and subject to public inspection. Any published notice ordering work to be performed for the district shall be mailed at the time of publication to any established trade association which files a written request with the district to receive such notices. The commission may, at the same time and as part of the same notice, invite tenders for the work or materials upon plans and specifications to be submitted by the bidders.
(5) As an alternative to the competitive bidding requirements of this section and RCW 54.04.080, a district may let contracts using the small works roster process under RCW 39.04.151 through 39.04.154.
(6) Whenever equipment or materials required by a district are held by a governmental agency and are available for sale but such agency is unwilling to submit a proposal, the commission may ascertain the price of such items and file a statement of such price supported by the sworn affidavit of one member of the commission, and may consider such price as a bid without a deposit or bond.
(7) Pursuant to RCW 39.04.280, the commission may waive the competitive bidding requirements of this section and RCW 54.04.080 if an exemption contained within RCW 39.04.280 applies to the purchase or public work.
(8)(a) A district may procure public works with a unit priced contract under this section, RCW 54.04.080, or 54.04.085 for the purpose of completing anticipated types of work based on hourly rates or unit pricing for one or more categories of work or trades.
(b) For the purposes of this section, unit priced contract means a competitively bid contract in which public works are anticipated on a recurring basis to meet the business or operational needs of a district, under which the contractor agrees to a fixed period indefinite quantity delivery of work, at a defined unit price, for each category of work.
(c) Unit priced contracts must be executed for an initial contract term not to exceed three years, with the district having the option of extending or renewing the unit priced contract for one additional year.
(d) Invitations for unit price bids shall include, for purposes of the bid evaluation, estimated quantities of the anticipated types of work or trades, and specify how the district will issue or release work assignments, work orders, or task authorizations pursuant to a unit priced contract for projects, tasks, or other work based on the hourly rates or unit prices bid by the contractor. Where electrical facility construction or improvement work is anticipated, contractors on a unit priced contract shall comply with the requirements under RCW 54.04.085 (1) through (5). Contracts must be awarded to the lowest responsible bidder as per RCW 39.04.010.
(e) Unit price contractors shall pay prevailing wages for all work that would otherwise be subject to the requirements of chapter 39.12 RCW. Prevailing wages for all work performed pursuant to each work order must be the prevailing wage rates in effect at the beginning date for each contract year. Unit priced contracts must have prevailing wage rates updated annually. Intents and affidavits for prevailing wages paid must be submitted annually for all work completed within the previous 12-month period of the unit priced contract.
(9) For the purposes of this section, "lowest responsible bidder" means a bid that meets the criteria under RCW 39.04.350 and has the lowest bid; provided, that if the district commission issues a written finding that the lowest bidder has delivered a project to the district within the last three years which was late, over budget, or did not meet specifications, and the commission does not find in writing that such bidder has shown how they would improve performance to be likely to meet project specifications then the commission may choose the second lowest bidder whose bid is within five percent of the lowest bid and meets the same criteria as the lowest bidder.
[ 2026 c 183 s 2. Prior: 2023 c 395 s 32; 2023 c 255 s 1; 2019 c 434 s 7; 2017 c 85 s 1; 2008 c 216 s 2; 2002 c 72 s 2; 2000 c 138 s 211; 1998 c 278 s 7; 1993 c 198 s 14; 1990 c 251 s 1; 1971 ex.s. c 220 s 4; 1955 c 124 s 2; prior: 1951 c 207 s 2; 1931 c 1 s 8, part; RRS s 11612, part.]
Notes:
Intent—Findings—2026 c 183: "The legislature finds that the state has committed to achieving carbon neutrality by 2030 and becoming carbon-free by 2045. At the same time, electricity demand in Washington is rising sharply and current regional forecasts project an increase in electricity demand of over 30 percent in the next decade.
The legislature also finds that Washington's existing transmission system lacks the capacity to meet existing demand and integrate future intermittent clean energy generation, and that significant cost increases and supply chain delays in the electric utility sector require urgent action to maintain affordability for electric ratepayers. This challenge is especially heightened during extreme weather events, which increases the need for heating and cooling and places sustained pressure on the grid during peak periods.
Therefore, it is the intent of the legislature to streamline certain procurement laws for consumer-owned utilities until the 2045 carbon-free compliance date under the clean energy transformation act. These changes are intended to expedite needed energy generation, storage, transmission, and distribution to support Washington's growing energy demand and its clean energy commitments in the most timely and cost-effective manner." [ 2026 c 183 s 1.]
Effective date—2023 c 395 ss 1-30, 32-34, 36, and 37: See note following RCW 39.04.010.
Findings—Intent—2023 c 395: See note following RCW 39.04.010.
Effective date—2023 c 255 ss 1-5: "Sections 1 through 5 of this act take effect June 30, 2024." [ 2023 c 255 s 7.]
Finding—Intent—2019 c 434: See note following RCW 35.23.352.
Findings—Intent—2008 c 216: "The legislature finds that public utility districts provide customer-owned, nonprofit utility services throughout Washington state. The legislature further finds that statutory bid limits for public utility districts have not been increased to address inflation and dramatic cost increases in construction materials. The legislature further finds that existing bid limits and high construction material costs often preclude public utility districts from maintaining and repairing their utility infrastructure, providing training and experience to utility workers, and accommodating high contract administrative costs. The legislature further finds that existing bid limits result in increased costs to both public utility districts and utility customers. Therefore, it is the intent of the legislature to amend the bid limits for public utility districts to address inflation and increased material costs." [ 2008 c 216 s 1.]
Purpose—Part headings not law—2000 c 138: See notes following RCW 39.04.010.
Contracts with state department of transportation: RCW 47.01.210.
Emergency public works: Chapter 39.28 RCW.
Prevailing wages on public works: Chapter 39.12 RCW.
Public purchase preferences: Chapter 39.24 RCW.

catchline: Contracts for work or materials—Notice—Exemptions—Unit priced contracts.


title: RCW 54.04.080

text:
Any notice inviting sealed bids shall state generally the work to be done, or the material to be purchased and shall call for proposals for furnishing it, to be sealed and filed with the commission on or before the time named therein. Utilities with a purchasing department are authorized to receive hard copy or electronic bids. Each bid shall be accompanied by a certified or cashier's check, payable to the order of the commission, for a sum not less than five percent of the amount of the bid, or accompanied by a bid bond in an amount not less than five percent of the bid with a corporate surety licensed to do business in the state, conditioned that the bidder will pay the district as liquidated damages the amount specified in the bond unless he or she enters into a contract in accordance with his or her bid and furnishes the performance bond within ten days from the date on which he or she is notified that he or she is the successful bidder. A low bidder who claims error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project.
At the time and place named, the bids shall be publicly opened and read, and the commission shall canvass the bids, and may let the contract to the lowest responsible and responsive bidder upon the plans and specifications on file, or to the best bidder submitting his or her own plans or specifications; or if the contract to be let is to construct or improve electrical facilities, the contract may be let to the lowest bidder prequalified according to the provisions of RCW 54.04.085 upon the plans and specifications on file, or to the best bidder submitting his or her own plans and specifications: PROVIDED, That no contract shall be let for more than 25 percent in excess of the estimated cost of the materials or work. The commission may reject all bids and readvertise, and in such case all checks shall be returned to the bidders. The commission may procure materials in the open market, have its own personnel perform the work or negotiate a contract for such work to be performed by others, in lieu of readvertising, if it receives no bid. If the contract is let, all checks shall be returned to the bidders, except that of the successful bidder, which shall be retained until a contract is entered into and a bond to perform the work furnished, with sureties satisfactory to the commission, in an amount to be fixed by the commission, not less than 25 percent of the contract price, in accordance with the bid. If the bidder fails to enter into the contract and furnish the bond within ten days from the date at which he or she is notified that he or she is the successful bidder, his or her check and the amount thereof shall be forfeited to the district.
The commission shall, by resolution, define the term "same kind of materials, equipment, and supplies" with respect to purchase of items under the provisions of RCW 54.04.070.
The term "construction or improvement of any electrical facility" as used in this section and in RCW 54.04.085, shall mean the construction, the moving, maintenance, modification, or enlargement of facilities primarily used or to be used for the transmission or distribution of electricity at voltages above seven hundred fifty volts, including structures directly supporting transmission or distribution conductors but not including site preparation, housing, or protective fencing associated with but not included in a contract for such construction, moving, modification, maintenance, or enlargement of such facilities.
The commission shall be the final authority with regard to whether a bid is responsive to the call for bids and as to whether a bidder is a responsible bidder under the conditions of his or her bid. No award of contract shall be invalidated solely because of the failure of any prospective bidder to receive an invitation to bid.
[ 2026 c 183 s 3; 1996 c 18 s 12; 1972 ex.s. c 41 s 1; 1971 ex.s. c 220 s 3; 1955 c 124 s 3. Prior: 1951 c 207 s 3; 1931 c 1 s 8, part; RRS s 11612, part.]
Notes:
Intent—Findings—2026 c 183: See note following RCW 54.04.070.

catchline: Bids—Deposit—Low bidder claiming error—Contract—Bond—Definitions.


title: RCW 54.04.082

text:
For the awarding of a contract to purchase any item, or items of the same kind of materials, equipment, or supplies in an amount exceeding thirty thousand dollars per calendar month, but less than one hundred twenty thousand dollars per calendar month, exclusive of sales tax, the commission may, in lieu of the procedure described in RCW 54.04.070 and 54.04.080 requiring public notice to invite sealed proposals for such materials, equipment, or supplies, pursuant to commission resolution use the process provided in RCW 39.04.190. Waiver of the deposit or bid bond required under RCW 54.04.080 may be authorized by the commission in securing such bid quotations.
[ 2019 c 434 s 14; 2008 c 216 s 3; 2002 c 72 s 1; 1995 c 354 s 1; 1993 c 198 s 15; 1977 ex.s. c 116 s 1.]
Notes:
Finding—Intent—2019 c 434: See note following RCW 35.23.352.
Findings—Intent—2008 c 216: See note following RCW 54.04.070.

catchline: Alternative bid procedure.


title: RCW 54.04.083

text:
(1) For the awarding of a contract to purchase any item, or items of the same kind of materials, equipment, or supplies in an amount exceeding $50,000 per calendar month, but less than $250,000 per calendar month, exclusive of sales tax, the district commission may, in lieu of the procedure described in RCW 54.04.070 and 54.04.080 requiring public notice to invite sealed proposals for such materials, equipment, or supplies, pursuant to commission resolution, use the process provided in RCW 39.04.190. Waiver of the deposit or bid bond required under RCW 54.04.080 may be authorized by the commission in securing such bid quotations.
(2) This section applies only to new or existing nonemitting electric generation, electric generation from a renewable resource, energy storage, transmission, or distribution projects as defined in RCW 54.04.070.
[ 2026 c 183 s 4.]
Notes:
Intent—Findings—2026 c 183: See note following RCW 54.04.070.

catchline: Alternative bid procedure—Applicable to new or existing nonemitting electric generation, electric generation from a renewable resource, energy storage, transmission, or distribution projects.


title: RCW 54.04.085

text:
A district shall require that bid proposals upon any construction or improvement of any electrical facility shall be made upon contract proposal form supplied by the district commission, and in no other manner. The district commission shall, before furnishing any person, firm or corporation desiring to bid upon any electrical work with a contract proposal form, require from such person, firm or corporation, answers to questions contained in a standard form of questionnaire and financial statement, including a complete statement of the financial ability and experience of such person, firm, or corporation in performing electrical work. Such questionnaire shall be sworn to before a notary public or other person authorized to take acknowledgment of deeds, and shall be submitted once a year and at such other times as the district commission may require. Whenever the district commission is not satisfied with the sufficiency of the answers contained in such questionnaire and financial statement or whenever the district commission determines that such person, firm, or corporation does not meet all of the requirements hereinafter set forth it may refuse to furnish such person, firm or corporation with a contract proposal form and any bid proposal of such person, firm or corporation must be disregarded. In order to obtain a contract proposal form, a person, firm or corporation shall have all of the following requirements:
(1) Adequate financial resources, or the ability to secure such resources;
(2) The necessary experience, organization, and technical qualifications to perform the proposed contract;
(3) The ability to comply with the required performance schedule taking into consideration all of its existing business commitments;
(4) A satisfactory record of performance, integrity, judgment and skills; and
(5) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.
Such refusal shall be conclusive unless appeal therefrom to the superior court of the county where the utility district is situated or Thurston county be taken within fifteen days, which appeal shall be heard summarily within ten days after the same is taken and on five days' notice thereof to the district commission.
[ 1971 ex.s. c 220 s 2.]

catchline: Electrical facility construction or improvement—Bid proposals—Contract proposal forms—Conditions for issuance—Appeals.


title: RCW 54.04.090

text:
Each contractor and subcontractor performing work for a public utility district or a local utility district within a public utility district shall pay or cause to be paid to its employees on the work or under the contract or subcontract, not less than the minimum scale fixed by the resolution of the commission prior to the notice and call for bids on the work. The commission, in fixing the minimum scale of wages, shall fix them as nearly as possible to the current prevailing wages within the district for work of like character.
[ 1955 c 124 s 4. Prior: 1931 c 1 s 8, part; RRS s 11612, part.]
Notes:
Prevailing wages on public works: Chapter 39.12 RCW.

catchline: Minimum wages.


title: RCW 54.04.092

text:
RCW 54.04.070 through 54.04.090 shall not apply to agreements entered into under authority of chapter 70A.140 RCW provided there is compliance with the procurement procedure under RCW 70A.140.040.
[ 2021 c 65 s 60; 1986 c 244 s 14.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.

catchline: Application of RCW 54.04.070 through 54.04.090 to certain service provider agreements under chapter 70A.140 RCW.