title: RCW 80.20.010

text:
As used in this chapter, the term "public service company" means any person, firm, association, or corporation, whether public or private, operating a utility or public service enterprise subject in any respect to regulation by the commission under the provisions of this title.
[ 1961 c 14 s 80.20.010. Prior: 1953 c 95 s 8; 1939 c 203 s 1; RRS s 10458-6.]

catchline: Definition.


doc_type: statute

jurisdiction: wa

title: RCW 80.20.020

text:
Whenever the commission in any proceeding upon its own motion or upon complaint shall deem it necessary in order to carry out the duties imposed upon it by law to investigate the books, accounts, practices and activities of, or make any valuation or appraisal of the property of any public service company, or to investigate or appraise any phase of its operations, or to render any engineering or accounting service to or in connection with any public service company, and the cost thereof to the commission exceeds in amount the ordinary regulatory fees paid by such public service company during the preceding calendar year or estimated to be paid during the current year, whichever is more, such public service company shall pay the expenses reasonably attributable and allocable to such investigation, valuation, appraisal or services. The commission shall ascertain such expenses, and, after giving notice and an opportunity to be heard, shall render a bill therefor by registered mail to the public service company, either at the conclusion of the investigation, valuation, appraisal or services, or from time to time during its progress. Within thirty days after a bill has been mailed such public service company shall pay to the commission the amount of the bill, and the commission shall transmit such payment to the state treasurer who shall credit it to the public service revolving fund. The total amount which any public service company shall be required to pay under the provisions of this section in any calendar year shall not exceed one percent of the gross operating revenues derived by such public service company from its intrastate operations during the last preceding calendar year. If such company did not operate during all of the preceding year the calculations shall be based upon estimated gross revenues for the current year.
[ 1961 c 14 s 80.20.020. Prior: 1939 c 203 s 2(a); RRS s 10458-6a(a).]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Cost of investigation may be assessed against company.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 80.20.030

text:
Amounts so assessed against any public service company not paid within thirty days after mailing of the bill therefor, shall draw interest at the rate of six percent per annum from the date of mailing of the bill. Upon failure of the public service company to pay the bill, the attorney general shall proceed in the name of the state by civil action in the superior court for Thurston county against such public service company to collect the amount due, together with interest and costs of suit.
[ 1961 c 14 s 80.20.030. Prior: 1939 c 203 s 2(b); RRS s 10458-6a(b).]

catchline: Interest on unpaid assessment—Action to collect.


title: RCW 80.20.040

text:
In such action the commission's determination of the necessity of the investigation, valuation, appraisal or services shall be conclusive evidence of such necessity, and its findings and determination of facts expressed in bills rendered pursuant to RCW 80.20.020 through 80.20.060 or in any proceedings determinative of such bills shall be prima facie evidence of such facts.
[ 1961 c 14 s 80.20.040. Prior: 1939 c 203 s 2(c); RRS s 10458-6a(c).]

catchline: Commission's determination of necessity as evidence.


title: RCW 80.20.050

text:
In view of the civil action provided for in RCW 80.20.020 through 80.20.060 any order made by the commission in determining the amount of such bill shall not be reviewable in court, but the mere absence of such right of review shall not prejudice the rights of defendants in the civil action.
[ 1961 c 14 s 80.20.050. Prior: 1939 c 203 s 2(d); RRS s 10458-6a(d).]

catchline: Order of commission not subject to review.


title: RCW 80.20.060

text:
Expenses of a complete valuation, rate and service investigation shall not be assessed against a public service company under this chapter if such company shall have been subjected to and paid the expenses of a complete valuation, rate and service investigation during the preceding five years, unless the properties or operations of the company have materially changed or there has been a substantial change in its value for rate making purposes or in any other circumstances and conditions affecting rates and services: PROVIDED, That the provisions of this section shall not be a limitation on the frequency of assessment of costs of investigation where such investigation results from a tariff filing or tariff filings by a public service company to increase rates.
[ 1971 ex.s. c 143 s 8; 1961 c 14 s 80.20.060. Prior: 1939 c 203 s 2(e); RRS s 10458-6a(e).]

catchline: Limitation on frequency of investigation.


title: RCW 80.24.010

text:
(1) Every public service company subject to regulation by the commission shall, on or before the date specified by the commission for filing annual reports under RCW 80.04.080, file with the commission a statement on oath showing its gross operating revenue from intrastate operations for the preceding calendar year or portion thereof and pay to the commission a fee equal to one-tenth of one percent of the first $50,000 of gross operating revenue, plus four-tenths of one percent of any gross operating revenue in excess of $50,000, except that a large combination utility as defined in RCW 80.86.010 shall pay a fee equal to 0.1 percent of the first $50,000 of gross operating revenue, plus 0.5 percent of any gross operating revenue in excess of $50,000: PROVIDED, That the commission may, by rule, set minimum fees that do not exceed the cost of collecting the fees. The commission may by rule waive any or all of the minimum fee established pursuant to this subsection (1).
(2) The percentage rates of gross operating revenue to be paid in any year may be decreased by the commission for any class of companies subject to the payment of such fees, by general order entered before March 1st of such year, and for such purpose such companies shall be classified as follows: Electrical, gas, water, telecommunications, and irrigation companies shall constitute class one. Every other company subject to regulation by the commission, for which regulatory fees are not otherwise fixed by law shall pay fees as herein provided and shall constitute additional classes according to kinds of businesses engaged in.
(3) The commission shall collect a reasonable fee from an electrical company in addition to the fee in subsection (1) of this section for the purposes of RCW 80.28.445.
(4) Any payment of the fee imposed by subsection (1) of this section made after its due date shall include a late fee of two percent of the amount due. Delinquent fees shall accrue interest at the rate of one percent per month.
[ 2025 c 156 s 3; 2024 c 351 s 13; 2022 c 159 s 1; 2003 c 296 s 1; 1994 c 83 s 1; 1990 c 48 s 1; 1985 c 450 s 14; 1961 c 14 s 80.24.010. Prior: 1955 c 125 s 2; prior: 1939 c 123 s 1, part; 1937 c 158 s 1, part; 1929 c 107 s 1, part; 1923 c 107 s 1, part; 1921 c 113 s 1, part; RRS s 10417, part.]
Notes:
Intent—2025 c 156: See note following RCW 80.28.445.
Effective date—2024 c 351: See note following RCW 80.86.010.

catchline: Companies to file reports of gross revenue and pay fees—Delinquent fee payments.


title: RCW 80.24.020

text:
In fixing the percentage rates of gross operating revenue to be paid in any year, the commission shall consider all moneys then in the public service revolving fund and the fees currently to be paid into such fund, to the end that the fees collected from the several classes of companies shall be approximately the same as the reasonable cost of supervising and regulating such classes of companies.
[ 1961 c 14 s 80.24.020. Prior: 1955 c 125 s 3; prior: 1939 c 123 s 1, part; 1937 c 158 s 1, part; RRS s 10417, part.]

catchline: Fees to approximate reasonable cost of regulation.


title: RCW 80.24.030

text:
It is the intent and purpose of the legislature that the several groups of public service companies shall each contribute sufficient in fees to the commission to pay the reasonable cost of regulating the several groups respectively. The commission shall keep accurate records of the costs incurred in regulating and supervising the several groups of companies subject to regulation or supervision and such records shall be open to inspection by all interested parties. The records and data upon which the commission's determination is made shall be considered prima facie correct in any proceeding instituted to challenge the reasonableness or correctness of any order of the commission fixing fees and distributing regulatory expenses.
[ 1961 c 14 s 80.24.030. Prior: 1937 c 158 s 7; RRS s 10417-5.]

catchline: Intent of legislature—Regulatory cost records to be kept by commission.


title: RCW 80.24.040

text:
All moneys collected under the provisions of this chapter shall within thirty days be paid to the state treasurer and by the state treasurer deposited to the public service revolving fund: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.
[ 1987 c 202 s 239; 1969 ex.s. c 199 s 36; 1961 c 14 s 80.24.040. Prior: 1937 c 158 s 6; RRS s 10417-4.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Disposition of fees.


title: RCW 80.24.050

text:
Every person, firm, company or corporation, or the officers, agents or employees thereof, failing or neglecting to pay the fees herein required shall be guilty of a misdemeanor. All fines and penalties collected under the provisions of this chapter shall be deposited into the public service revolving fund of the state treasury: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.
[ 1987 c 202 s 240; 1979 ex.s. c 198 s 1; 1969 ex.s. c 199 s 37; 1961 c 14 s 80.24.050. Prior: 1923 c 107 s 2; 1921 c 113 s 3; RRS s 10419.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Penalty for failure to pay fees—Disposition of fines and penalties.


title: RCW 80.24.060

text:
(1)(a) Every gas company and every interstate gas pipeline company subject to inspection or enforcement by the commission shall pay an annual pipeline safety fee to the commission. The pipeline safety fees received by the commission shall be deposited in the pipeline safety account created in RCW 81.88.050.
(b) The aggregate amount of fees set shall be sufficient to recover the reasonable costs of administering the pipeline safety program, taking into account federal funds used to offset the costs. The fees established under this section shall be designed to generate revenue not exceeding appropriated levels of funding for the current fiscal year. At a minimum, the fees established under this section shall be sufficient to adequately fund pipeline inspection personnel, the timely review of pipeline safety and integrity plans, the timely development of spill response plans, the timely development of accurate maps of pipeline locations, participation in federal pipeline safety efforts to the extent allowed by law, and the staffing of the citizens committee on pipeline safety.
(c) Increases in the aggregate amount of fees over the immediately preceding fiscal year are subject to the requirements of RCW 43.135.055.
(2) The commission shall by rule establish the methodology it will use to set the appropriate fee for each entity subject to this section. The methodology shall provide for an equitable distribution of program costs among all entities subject to the fee. The fee methodology shall provide for:
(a) Direct assignment of average costs associated with annual standard inspections, including the average number of inspection days per year. In establishing these directly assignable costs, the commission shall consider the requirements and guidelines of the federal government, state safety standards, and good engineering practices; and
(b) A uniform and equitable means of estimating and allocating costs of other duties relating to inspecting pipelines for safety that are not directly assignable, including but not limited to design review and construction inspections, specialized inspections, incident investigations, geographic mapping system design and maintenance, and administrative support.
(3) The commission shall require reports from those entities subject to this section in the form and at such time as necessary to set the fees. After considering the reports supplied by the entities, the commission shall set the amount of the fee payable by each entity by general order entered before a date established by rule.
(4) For companies subject to RCW 80.24.010, the commission shall collect the pipeline safety fee as part of the fee specified in RCW 80.24.010. The commission shall allocate the moneys collected under RCW 80.24.010 between the pipeline safety program and for other regulatory purposes. The commission shall adopt rules that assure that fee moneys related to the pipeline safety program are maintained separately from other moneys collected by the commission under this chapter.
(5) Any payment of the fee imposed by this section made after its due date must include a late fee of two percent of the amount due. Delinquent fees accrue interest at the rate of one percent per month.
(6) The commission shall keep accurate records of the costs incurred in administering its gas pipeline safety program, and the records are open to inspection by interested parties. The records and data upon which the commission's determination is made shall be prima facie correct in any proceeding to challenge the reasonableness or correctness of any order of the commission fixing fees and distributing regulatory expenses.
(7) If any entity seeks to contest the imposition of a fee imposed under this section, that entity shall pay the fee and request a refund within six months of the due date for the payment by filing a petition for a refund with the commission. The commission shall establish by rule procedures for handling refund petitions and may delegate the decisions on refund petitions to the secretary of the commission.
(8) After establishing the fee methodology by rule as required in subsection (2) of this section, the commission shall create a regulatory incentive program for pipeline safety programs in collaboration with the citizens committee on pipeline safety. The regulatory incentive program created by the commission shall not shift costs among companies paying pipeline safety fees and shall not decrease revenue to pipeline safety programs.
[ 2009 c 91 s 1; 2001 c 238 s 2.]
Notes:
Intent—Finding—2001 c 238: "The intent of this act is to ensure a sustainable, comprehensive, pipeline safety program, to protect the health and safety of the citizens of the state of Washington, and [to] maintain the quality of the state's environment. The legislature finds that public safety and the environment are best protected by securing permanent funding for this program through establishment of a regulatory fee imposed on hazardous liquids and gas pipelines." [ 2001 c 238 s 1.]
Effective date—2001 c 238: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001." [ 2001 c 238 s 13.]

catchline: Pipeline safety fee—Reports—Procedure to contest fees—Regulatory incentive program.


title: RCW 80.28.005

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Assignee" means a person, and any subsequent assignee, to which an electrical, gas, or water company assigns, sells, or transfers all or part of the electrical, gas, or water company's interest in or right to rate recovery assets, except as security.
(2) "Bond" includes bonds, notes, certificates of beneficial interests in a trust, or other evidences of indebtedness.
(3) "Bondable rate recovery expenditures" means all costs and expenditures incurred or to be incurred through the date of issuance of a financing order by an electrical, gas, or water company associated with:
(a) An event that is the subject of a federal or state declaration of disaster or emergency that has caused widespread loss of life, injury to person or property, human suffering, or financial loss, including those costs and expenses owed by an electrical, gas, or water company to such company's customers as a result of the event, but not including any fees, fines, penalties, or costs imposed as a result of criminal or civil enforcement actions brought against the utility, or attributable to the utility's negligence or gross negligence as determined in a finding by a court of law in causing the event; or
(b) Energy or water conservation measures and services intended to improve the efficiency of electricity, gas, or water end use, including related carrying costs if:
(i) The conservation measures and services do not produce assets that would be bondable utility property under the general utility mortgage of the electrical, gas, or water company;
(ii) The commission has determined that the expenditures were incurred in conformance with the terms and conditions of a conservation service tariff in effect with the commission at the time the costs were incurred, and at the time of such determination the commission finds that the company has proven that the costs were prudent, that the terms and conditions of the financing are reasonable, and that financing under this chapter is more favorable to the customer than other reasonably available alternatives;
(iii) The commission has approved inclusion of the expenditures in rate base and has not ordered that they be currently expensed; and
(iv) The commission has not required that the measures demonstrate that energy or water savings have persisted at a certain level for a certain period before approving the cost of these investments as bondable rate recovery expenditures.
(4) "Bondholder" means a holder or owner of a rate recovery bond.
(5) "Finance subsidiary" means any corporation, limited liability company, company, association, joint stock association, trust, or other entity that is beneficially owned, directly or indirectly, by an electrical, gas, or water company, or in the case of a trust issuing rate recovery bonds consisting of beneficial interests, for which an electrical, gas, or water company or a subsidiary thereof is the grantor, or an unaffiliated entity formed for the purpose of financing or refinancing approved bondable rate recovery expenditures, and that acquires rate recovery assets directly or indirectly from such company in a transaction approved by the commission.
(6) "Financing costs" includes the following costs related to rate recovery bonds, whether incurred and paid upon issuance or over the life of rate recovery bonds:
(a) The costs of issuing, serving, managing, repaying, or refinancing rate recovery bonds, including any fees, expenses, or charges incurred and the costs of any activities performed in connection with the rate recovery bonds, including:
(i) Information technology programming;
(ii) Obtaining a financing order;
(iii) Serving, accounting, or auditing;
(iv) Services related to trustees;
(v) Legal services;
(vi) Consulting;
(vii) Services related to financial and structuring advisors;
(viii) Administration;
(ix) Placement and underwriting;
(x) Services related to independent directors and managers;
(xi) Services related to rating agencies;
(xii) Stock exchange listing and compliance;
(xiii) Securities registration and filing; and
(xiv) Services necessary to ensure a timely payment of rate recovery bonds or other amounts or charges payable in connection with rate recovery bonds;
(b) Principal, interest and acquisition, defeasance, and redemption premiums payable on rate recovery bonds;
(c) Payments required under an ancillary agreement and any amounts required to fund or replenish a reserve or account established under the terms of an indenture, ancillary agreement, or financing document related to rate recovery bonds;
(d) Applicable federal, state, and local taxes, franchise fees, license fees, gross receipts, or other taxes or charges, whether paid, payable, or accrued; and
(e) The commission's costs in performing the commission's duties related to rate recovery bonds that are recoverable by the commission under RCW 80.24.010.
(7) "Financing order" means an order issued by the commission that authorizes one or more of the following:
(a) The recovery of bondable rate recovery expenditures and financing costs;
(b) The creation of rate recovery assets;
(c) The issuance of rate recovery bonds;
(d) The imposition, collection, and periodic adjustment of rate recovery charges; or
(e) The sale, assignment, or transfer of rate recovery assets to an assignee.
(8) "Financing party" includes:
(a) Bondholders, trustees, agents, and secured parties related to rate recovery bonds;
(b) A person acting for the benefit of bondholders, trustees, agents, or secured parties; and
(c) A party to rate recovery bond documents or an ancillary agreement.
(9) "Rate recovery asset" means the right of an electrical, gas, or water company to recover from customers bondable rate recovery expenditures and related costs and expenses approved in a financing order, including the right to:
(a) Impose, charge, bill, collect, receive, hold, and apply rate recovery charges authorized under a financing order or obtain, to the extent authorized, periodic adjustments of rate recovery charges; and
(b) All claims, accounts, revenues, payments, collections, moneys, or proceeds arising from the rights and interest specified in a financing order, regardless of whether the claims, accounts, revenues, payments, collections, moneys, or proceeds arising from the rights and interest specified in the financing order are commingled with other claims, accounts, revenues, payments, collections, moneys, or proceeds.
(10) "Rate recovery bonds" means bonds, notes, certificates of beneficial interests in trusts, or other evidences of indebtedness or ownership that:
(a) The commission determines at or before the time of issuance are issued to finance or refinance bondable rate recovery expenditures by an electrical, gas, or water company; and
(b) Rely partly or wholly for repayment on rate recovery assets and revenues arising with respect thereto.
(11) "Rate recovery charge" means charges to electrical, gas, or water company customers authorized by the commission to recover bondable rate recovery expenditures and financing costs and to be used to pay, repay, or refinance rate recovery bonds.
(12) "Secured party" means a financing party that has been granted a security interest in rate recovery assets.
(13) "Thermal energy" has the same definition as in RCW 80.04.010.
(14) "Thermal energy company" has the same definition as in RCW 80.04.010.
(15) "Thermal energy network" has the same definition as in RCW 80.04.010.
(16) "Thermal energy services" has the same definition as in RCW 80.04.010.
(17) "Thermal energy system" has the same definition as in RCW 80.04.010.
[ 2025 c 310 s 2; 2025 c 263 s 3; 1994 c 268 s 1.]
Notes:
Reviser's note: This section was amended by 2025 c 263 s 3 and by 2025 c 310 s 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Purpose—Intent—2025 c 310: "(1) The purpose of this act is to allow an electrical, gas, or water company, if authorized by an order issued by the utilities and transportation commission, to use securitization financing for certain types of costs related to emergency events and approved for recovery in rates or charges. The legislature finds that:
(a) Securitized debt may lower the total rates in comparison with other methods of recovery and may benefit the citizens of this state who are electrical, gas, or water company customers;
(b) Rate recovery bonds are not a public debt or pledge of the full faith and credit of the state but require the state to provide clear and exclusive methods to create, transfer, and encumber the rate recovery assets and prohibit future impairment; and
(c) This act allowing electrical, gas, or water companies to use securitization financing for emergency-related costs does not limit, impair, or affect the utilities and transportation commission's plenary authority and jurisdiction over rates and services offered by electrical, gas, or water companies.
(2) It is the legislature's intent that when issuing an approval for recovery of expenditures under this act, the utilities and transportation commission will consider whether expenditures are broadly aligned with Washington state climate goals including, but not limited to, chapters 70A.45 and 19.405 RCW." [ 2025 c 310 s 1.]
Severability—Validity of actions taken pursuant to financing orders—2025 c 310: "If any provision of this section and sections 1, 3, and 4 of this act or the amendments to RCW 80.08.140, 80.28.005, 80.28.303, 80.28.306, and 80.28.309 by sections 2, 5, 6, 7, and 8 of this act is determined to be invalid, or is invalidated, superseded, replaced, repealed, or expired, such determination or occurrence does not affect the validity of any action allowed under this section and sections 1, 3, and 4 of this act or the amendments to RCW 80.08.140, 80.28.005, 80.28.303, 80.28.306, and 80.28.309 by sections 2, 5, 6, 7, and 8 of this act and taken in good faith and pursuant to a financing order issued prior to such determination or occurrence." [ 2025 c 310 s 9.]
Application—2025 c 310: "Except to the extent required by section 7 of this act, this act applies prospectively only and not retroactively. Nothing in this act shall impair or affect the validity of any conservation bonds issued under RCW 80.28.303, 80.28.306, and 80.28.309 as those sections existed prior to May 17, 2025. Conservation bonds issued under those sections prior to May 17, 2025, shall continue to be governed by the provisions of such sections as they existed at the time such conservation bonds were issued." [ 2025 c 310 s 10.]
Effective date—2025 c 310: "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 [May 17, 2025]." [ 2025 c 310 s 12.]

catchline: Definitions.


title: RCW 80.28.010

text:
(1) All charges made, demanded or received by any gas company, electrical company, wastewater company, water company, or thermal energy company for gas, electricity, water, or thermal energy, or for any service rendered or to be rendered in connection therewith, shall be just, fair, reasonable and sufficient. Reasonable charges necessary to cover the cost of administering the collection of voluntary donations for the purposes of supporting the development and implementation of evergreen community management plans and ordinances under RCW 80.28.300 must be deemed as prudent and necessary for the operation of a utility.
(2) Every gas company, electrical company, wastewater company, water company, and thermal energy company shall furnish and supply such service, instrumentalities and facilities as shall be safe, adequate and efficient, and in all respects just and reasonable.
(3) All rules and regulations issued by any gas company, electrical company, wastewater company, water company, or thermal energy company, affecting or pertaining to the sale or distribution of its product or service, must be just and reasonable.
(4) Utility service for residential space heating shall not be terminated between November 15 through March 15 if the customer:
(a) Notifies the utility of the inability to pay the bill. This notice should be provided within five business days of receiving a payment overdue notice unless there are extenuating circumstances. If the customer fails to notify the utility within five business days and service is terminated, the customer can, by fulfilling the requirements of this section, receive the protections of this chapter;
(b) Provides self-certification of household income for the prior twelve months to a grantee of the department of commerce, which administers federally funded energy assistance programs. The grantee shall determine that the household income does not exceed the maximum allowed for eligibility under the state's plan for low-income energy assistance under 42 U.S.C. 8624 and shall provide a dollar figure that is seven percent of household income. The grantee may verify information provided in the self-certification;
(c) Has applied for home heating assistance from applicable government and private sector organizations and certifies that any assistance received will be applied to the current bill and future utility bills;
(d) Has applied for low-income weatherization assistance to the utility or other appropriate agency if such assistance is available for the dwelling;
(e) Agrees to a payment plan and agrees to maintain the payment plan. The plan will be designed both to pay the past due bill by the following October 15th and to pay for continued utility service. If the past due bill is not paid by the following October 15, the customer is not eligible for protections under this chapter until the past due bill is paid. The plan may not require monthly payments in excess of seven percent of the customer's monthly income plus one-twelfth of any arrearage accrued from the date application is made and thereafter during November 15 through March 15. A customer may agree to pay a higher percentage during this period, but shall not be in default unless payment during this period is less than seven percent of monthly income plus one-twelfth of any arrearage accrued from the date application is made and thereafter. If assistance payments are received by the customer subsequent to implementation of the plan, the customer shall contact the utility to reformulate the plan; and
(f) Agrees to pay the moneys owed even if the customer moves.
(5) The utility shall:
(a) Include in any notice that an account is delinquent and that service may be subject to termination, a description of the customer's duties in this section;
(b) Assist the customer in fulfilling the requirements under this section;
(c) Be authorized to transfer an account to a new residence when a customer who has established a plan under this section moves from one residence to another within the same utility service area;
(d) Be permitted to disconnect service if the customer fails to honor the payment program except on the days indicated in subsection (8) of this section. Utilities may continue to disconnect service for those practices authorized by law other than for nonpayment as provided for in this subsection. Customers who qualify for payment plans under this section who default on their payment plans and are disconnected can be reconnected and maintain the protections afforded under this chapter by paying all amounts that would have been due and owing under the terms of the applicable payment plan, absent default, on the date on which service is reconnected; and
(e) Advise the customer in writing at the time it disconnects service that it will restore service if the customer contacts the utility and fulfills the other requirements of this section.
(6) A payment plan implemented under this section is consistent with RCW 80.28.080.
(7) Every gas company, electrical company, and thermal energy company shall offer residential customers the option of a budget billing or equal payment plan. The budget billing or equal payment plan shall be offered low-income customers eligible under the state's plan for low-income energy assistance prepared in accordance with 42 U.S.C. 8624(C)(1) without limiting availability to certain months of the year, without regard to the length of time the customer has occupied the premises, and without regard to whether the customer is the tenant or owner of the premises occupied.
(8)(a) Every electrical company, water company, and thermal energy company must have and must abide by the terms of a tariff approved by the commission that prohibits the electrical company, water company, or thermal energy company from effecting, due to lack of payment, an involuntary termination of electric, water, or thermal energy utility service to any residential user, including tenants of metered apartment buildings and residents of mobile homes, on any day for which the national weather service has issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the area in which the residential user's address is located.
(b) Nothing in this subsection (8) limits the authority of the commission to prohibit an electrical company, water company, or thermal energy company from terminating electric, water, or thermal energy utility service in accordance with an approved tariff, rule, or order, in circumstances independent of the weather.
(9)(a) A residential user at whose dwelling electric, water, or thermal energy utility service has been disconnected for lack of payment may request that the utility reconnect service on any day for which the national weather service has issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the area in which the residential user's address is located. The utility shall, through a process approved by the commission, inform all customers in the notice of disconnection of the ability to seek reconnection and provide clear and specific information on how to make that request, including how to contact the utility.
(b) Upon receipt of a request made pursuant to (a) of this subsection, the utility shall promptly make a reasonable attempt to reconnect service to the dwelling. The utility, in connection with a request made pursuant to (a) of this subsection, may require the residential user to enter into a payment plan prior to reconnecting service to the dwelling. If the utility requires the residential user to enter into a repayment plan, the repayment plan must comply with subsection (10) of this section.
(10) A repayment plan required by a utility pursuant to subsection (9)(b) of this section will be designed both to pay the past due bill by the following May 15th, or as soon as possible after May 15th if needed to maintain monthly payments that are no greater than six percent of the customer's monthly income, and to pay for continued utility service. The plan may not require monthly payments in excess of six percent of the customer's monthly income. A customer may agree to pay a higher percentage during this period, but will not be in default unless payment during this period is less than six percent of the customer's monthly income. If assistance payments are received by the customer subsequent to implementation of the plan, the customer shall contact the utility to reformulate the plan.
(11) Every gas company, electrical company, wastewater company, water company, and thermal energy company shall construct and maintain such facilities in connection with the manufacture and distribution of its product, or provision of its services, as will be efficient and safe to its employees and the public.
(12) An agreement between the customer and the utility, whether oral or written, does not waive the protections afforded under this chapter.
(13) In establishing rates or charges for water service, water companies as defined in RCW 80.04.010 may consider the achievement of water conservation goals and the discouragement of wasteful water use practices.
(14) Each electrical company is encouraged to use any savings resulting from the removal of reporting requirements in chapter 137, Laws of 2026 for low-income energy assistance.
[ 2026 c 137 s 8; 2025 c 263 s 4; 2023 c 105 s 6; 2011 c 214 s 11; 2008 c 299 s 35; 1995 c 399 s 211. Prior: 1991 c 347 s 22; 1991 c 165 s 4; 1990 1st ex.s. c 1 s 5; 1986 c 245 s 5; 1985 c 6 s 25; 1984 c 251 s 4; 1961 c 14 s 80.28.010; prior: 1911 c 117 s 26; RRS s 10362.]
Notes:
Findings—Purpose—Limitation of chapter—Effective date—2011 c 214: See notes following RCW 80.04.010.
Short title—2008 c 299: See note following RCW 76.15.020.
Purposes—1991 c 347: See note following RCW 90.42.005.
Findings—1991 c 165: See note following RCW 35.21.300.

catchline: Duties as to rates, services, and facilities—Limitations on termination of utility service for residential heating and of electric, water, or thermal energy utility service during heat-related alerts.


title: RCW 80.28.020

text:
Whenever the commission shall find, after a hearing had upon its own motion, or upon complaint, that the rates or charges demanded, exacted, charged or collected by any gas company, electrical company, wastewater company, water company, or thermal energy company, for gas, electricity, wastewater company services, water, or thermal energy, or in connection therewith, or that the rules, regulations, practices or contracts affecting such rates or charges are unjust, unreasonable, unjustly discriminatory or unduly preferential, or in any wise in violation of the provisions of the law, or that such rates or charges are insufficient to yield a reasonable compensation for the service rendered, the commission shall determine the just, reasonable, or sufficient rates, charges, regulations, practices or contracts to be thereafter observed and in force, and shall fix the same by order.
[ 2025 c 263 s 5; 2011 c 214 s 12; 1961 c 14 s 80.28.020. Prior: 1911 c 117 s 54, part; RRS s 10390, part.]
Notes:
Findings—Purpose—Limitation of chapter—Effective date—2011 c 214: See notes following RCW 80.04.010.

catchline: Commission to fix just, reasonable, and compensatory rates.


title: RCW 80.28.022

text:
In determining the rates to be charged by each water company subject to its jurisdiction, the commission:
(1) Must adopt rules that establish a structure for incorporating the allowable cost of capital in the determination of rates or charges under this chapter that:
(a) Accounts for any federal, state, or other external funding sources for system improvements;
(b) Requires a showing that the water company is following its water system plan approved by the department of health and provides for a waiver process in the rate setting process for emergency improvements that are necessary for public health and safety;
(c) Considers the extent to which the water company provided notice of planned capital projects to consumers and the impact of the projects on rates;
(d) Promotes rate smoothing and the avoidance of excessive or sudden rate changes; and
(e) Considers the extent to which a public water system, as defined in RCW 70A.125.010, is able to comply with the planning requirements given the size and capability restraints of the system;
(2) May provide for the funding of a reserve account exclusively for the purpose of making capital improvements approved by the department of health as a part of a long-range plan, or required by the department to assure compliance with federal or state drinking water regulations, or to perform construction or maintenance required by the department of ecology to secure safety to life and property under RCW 43.21A.064(2). Expenditures from the fund shall be subject to prior approval by the commission, and shall be treated for rate-making purposes as customer contributions; and
(3) Must allow any water company filing a general rate case, beginning January 1, 2027, to include a proposal for a multiyear rate plan. The commission may, by order after an adjudicative proceeding as provided by chapter 34.05 RCW, approve, approve with conditions, or reject, a multiyear rate plan proposal made by a water company or an alternative proposal made by one or more parties, or any combination thereof. The commission's consideration of a proposal for a multiyear rate plan is subject to the same standards applicable to other rate filings made under this title, including the public interest and fair, just, reasonable, and sufficient rates.
(a) The commission may approve, disapprove, or approve with modifications any proposal to recover from ratepayers up to five percent of the total revenue requirement approved by the commission for each year of a multiyear rate plan for tariffs that reduce the water burden of low-income residential customers including, but not limited to: (i) Bill assistance programs; or (ii) one or more special rates.
(b) If it approves a multiyear rate plan, the commission shall separately approve rates for each of the initial rate year, the second rate year, and if applicable, the third rate year, and the fourth rate year.
(i) The commission shall ascertain and determine the fair value for rate-making purposes of the property of any water company that is or will be used and useful under RCW 80.04.250 for service in this state by or during each rate year of the multiyear rate plan. For the initial rate year, the commission shall, at a minimum, ascertain and determine the fair value for rate-making purposes of the property of any water company that is used and useful for service in this state as of the rate effective date. The commission may order refunds to customers if property expected to be used and useful by the rate effective date when the commission approves a multiyear rate plan is in fact not used and useful by such a date.
(ii) The commission shall ascertain and determine the revenues and operating expenses for rate-making purposes of any water company for each rate year of the multiyear rate plan.
(iii) In ascertaining and determining the fair value of property of a water company pursuant to (b)(i) of this subsection and projecting the revenues and operating expenses of a water company pursuant to (b)(ii) of this subsection, the commission may use any standard, formula, method, or theory of valuation reasonably calculated to arrive at fair, just, reasonable, and sufficient rates.
(c) The commission may by order establish terms, conditions, and procedures for a multiyear rate plan and ensure that rates remain fair, just, reasonable, and sufficient during the course of the plan.
(d) Nothing in this section precludes any water company from making filings required or permitted by the commission.
[ 2026 c 237 s 4; 1991 c 150 s 1; 1990 c 132 s 6.]
Notes:
Intent—Findings—2026 c 237: See note following RCW 70A.125.060.
Legislative findings—Severability—1990 c 132: See note following RCW 43.20.240.

catchline: Water company rates—Reserve account.


title: RCW 80.28.024

text:
The legislature finds and declares that the potential for meeting future energy needs through conservation measures, including energy conservation loans, energy audits, the use of appropriate tree plantings for energy conservation, and the use of renewable resources, such as solar energy, wind energy, wood, wood waste, municipal waste, agricultural products and wastes, hydroelectric energy, geothermal energy, and end-use waste heat, may not be realized without incentives to public and private energy utilities. The legislature therefore finds and declares that actions and incentives by state government to promote conservation and the use of renewable resources would be of great benefit to the citizens of this state by encouraging efficient energy use and a reliable supply of energy based upon renewable energy resources.
[ 1993 c 204 s 8; 1980 c 149 s 1.]
Notes:
Findings—1993 c 204: See note following RCW 35.92.390.

catchline: Legislative finding.


title: RCW 80.28.025

text:
(1) In establishing rates for each gas and electric company regulated by this chapter, the commission shall adopt policies to encourage meeting or reducing energy demand through cogeneration as defined in *RCW 82.35.020, measures which improve the efficiency of energy end use, and new projects which produce or generate energy from renewable resources, such as solar energy, wind energy, hydroelectric energy, geothermal energy, wood, wood waste, municipal wastes, agricultural products and wastes, and end-use waste heat. These policies shall include but are not limited to allowing a return on investment in measures to improve the efficiency of energy end use, cogeneration, or projects which produce or generate energy from renewable resources which return is established by adding an increment of two percent to the rate of return on common equity permitted on the company's other investment. Measures or projects encouraged under this section are those for which construction or installation is begun after June 12, 1980, and before January 1, 1990, and which, at the time they are placed in the rate base, are reasonably expected to save, produce, or generate energy at a total incremental system cost per unit of energy delivered to end use which is less than or equal to the incremental system cost per unit of energy delivered to end use from similarly available conventional energy resources which utilize nuclear energy or fossil fuels and which the gas or electric company could acquire to meet energy demand in the same time period. The rate of return increment shall be allowed for a period not to exceed thirty years after the measure or project is first placed in the rate base.
(2) In establishing rates for water companies regulated by this chapter, the commission may consider the achievement of water conservation goals and the discouragement of wasteful water use practices.
[ 1991 c 347 s 23; 1980 c 149 s 2.]
Notes:
*Reviser's note: RCW 82.35.020 was repealed by 2005 c 443 s 7, effective July 1, 2006.
Purposes—1991 c 347: See note following RCW 90.42.005.
Public utility tax exemptions relating to energy conservation and production from renewable resources: RCW 82.16.055.

catchline: Encouragement of energy cogeneration, conservation, and production from renewable resources—Consideration of water conservation goals.


title: RCW 80.28.030

text:
(1) Whenever the commission finds, after such hearing, that the illuminating or heating power, purity or pressure of gas, the efficiency of electric lamp supply, the voltage of the current supplied for light, heat or power, the quality of wastewater company services, the purity, quality, volume, and pressure of water, or the quality or quantity of thermal energy, supplied by any gas company, electrical company, wastewater company, water company, or thermal energy company, as the case may be, is insufficient, impure, inadequate or inefficient, it shall order such improvement in the manufacture, distribution or supply of gas, in the manufacture, transmission or supply of electricity, in the operation of the services and facilities of wastewater companies, or in the storage, distribution or supply of water, or in the quality or quantity of thermal energy, or in the methods employed by such gas company, electrical company, wastewater company, water company, or thermal energy company, as will in its judgment be efficient, adequate, just and reasonable. Failure of a water company to comply with state board of health standards adopted under RCW 43.20.050(2)(a) or department standards adopted under chapter 70A.100 RCW for purity, volume, and pressure is prima facie evidence that the water supplied is insufficient, impure, inadequate, or inefficient. Failure of a wastewater company to comply with standards and permit conditions adopted and implemented under chapter 70A.115 or 90.48 RCW for treatment and disposal of sewerage, is prima facie evidence that the system of sewerage is insufficient, inadequate, or inefficient.
(2) In ordering improvements in the storage, distribution, or supply of water, the commission shall consult and coordinate with the department of health. In the event that a water company fails to comply with an order of the commission within the deadline specified in the order, the commission may request that the department petition the superior court of Thurston county to place the company in receivership pursuant to chapter 7.60 RCW.
(3) In ordering improvements to the system of sewerage, the commission shall consult and coordinate with the department of health or the department of ecology, as appropriate to the agencies' jurisdiction. In the event that a wastewater company fails to comply with an order of the commission within the deadline specified in the order, the commission may petition the superior court of Thurston county to place the company in receivership pursuant to chapter 7.60 RCW.
[ 2025 c 263 s 6; 2021 c 65 s 96; 2011 c 214 s 13; 1989 c 207 s 4; 1961 c 14 s 80.28.030. Prior: 1911 c 117 s 54, part; RRS s 10390, part.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Findings—Purpose—Limitation of chapter—Effective date—2011 c 214: See notes following RCW 80.04.010.

catchline: Commission may order improved quality of commodity—Ordering improvements to the storage, distribution, or supply of water—Ordering improvements to the system of sewerage.


title: RCW 80.28.040

text:
(1) Whenever the commission finds, after hearing, that any rules, regulations, measurements or the standard thereof, practices, acts or services of any such gas company, electrical company, wastewater company, water company, or thermal energy company are unjust, unreasonable, improper, insufficient, inefficient or inadequate, or that any service which may be reasonably demanded is not furnished, the commission shall fix the reasonable rules, regulations, measurements or the standard thereof, practices, acts or service to be thereafter furnished, imposed, observed and followed, and shall fix the same by order or rule.
(2) In ordering improvements to the service of any water company, the commission shall consult and coordinate with the department of health. In the event that a water company fails to comply with an order of the commission within the deadline specified in the order, the commission may request that the department petition the superior court of Thurston county to place the company in receivership pursuant to chapter 7.60 RCW.
(3) In ordering improvements to the service of any system of sewerage, the commission shall consult and coordinate with the department of health or the department of ecology, as appropriate to the agencies' jurisdiction. In the event that a wastewater company fails to comply with an order of the commission within the deadline specified in the order, the commission may petition the superior court of Thurston county to place the company in receivership pursuant to chapter 7.60 RCW.
[ 2025 c 263 s 7; 2011 c 214 s 14; 1989 c 207 s 5; 1961 c 14 s 80.28.040. Prior: 1911 c 117 s 54, part; RRS s 10390, part.]
Notes:
Findings—Purpose—Limitation of chapter—Effective date—2011 c 214: See notes following RCW 80.04.010.

catchline: Commission may order improved service—Water companies, system of sewerage noncompliance, receivership.


title: RCW 80.28.050

text:
Every gas company, electrical company, wastewater company, water company, and thermal energy company shall file with the commission and shall print and keep open to public inspection schedules in such form as the commission may prescribe, showing all rates and charges made, established or enforced, or to be charged or enforced, all forms of contract or agreement, all rules and regulations relating to rates, charges or service, used or to be used, and all general privileges and facilities granted or allowed by such gas company, electrical company, wastewater company, water company, or thermal energy company.
[ 2025 c 263 s 8; 2011 c 214 s 15; 1961 c 14 s 80.28.050. Prior: 1911 c 117 s 27; RRS s 10363.]
Notes:
Findings—Purpose—Limitation of chapter—Effective date—2011 c 214: See notes following RCW 80.04.010.
Duty of company to fix rate for wholesale power on request of public utility district: RCW 54.04.100.

catchline: Tariff schedules to be filed with commission—Public schedules.


title: RCW 80.28.060

text:
(1) Unless the commission otherwise orders, no change may be made in any rate or charge or in any form of contract or agreement or in any rule or regulation relating to any rate, charge or service, or in any general privilege or facility which shall have been filed and published by a gas company, electrical company, wastewater company, water company, or thermal energy company in compliance with the requirements of RCW 80.28.050 except after thirty days' notice to the commission and publication for thirty days, which notice must plainly state the changes proposed to be made in the schedule then in force and the time when the change will go into effect and all proposed changes must be shown by printing, filing and publishing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection. Proposed changes may be suspended by the commission within thirty days or before the stated effective date of the proposed change, whichever is later. The commission, for good cause shown, may allow changes without requiring the thirty days' notice by duly filing, in such manner as it may direct, an order specifying the changes so to be made and the time when it takes effect. All such changes must be immediately indicated upon its schedules by the company affected. When any change is made in any rate or charge, form of contract or agreement, or any rule or regulation relating to any rate or charge or service, or in any general privilege or facility, the effect of which is to increase any rate or charge, then in existence, attention must be directed on the copy filed with the commission to such increase by some character immediately preceding or following the item in such schedule, such character to be in form as designated by the commission.
(2) During a state of emergency declared under RCW 43.06.010(12), the governor may waive or suspend the operation or enforcement of this section or any portion of this section or under any administrative rule, and issue any orders to facilitate the operation of state or local government or to promote and secure the safety and protection of the civilian population.
[ 2025 c 263 s 9; 2011 c 214 s 16; 2008 c 181 s 402; 1989 c 152 s 1; 1961 c 14 s 80.28.060. Prior: 1911 c 117 s 28; RRS s 10364.]
Notes:
Findings—Purpose—Limitation of chapter—Effective date—2011 c 214: See notes following RCW 80.04.010.
Part headings not law—2008 c 181: See note following RCW 43.06.220.

catchline: Tariff changes—Statutory notice—Exception—Waiver of provisions during state of emergency.


title: RCW 80.28.065

text:
(1) Upon request by an electrical, gas, or thermal energy company, the commission may approve a tariff schedule that contains rates or charges for energy conservation measures, services, or payments provided to individual property owners or customers. The tariff schedule shall require the electrical, gas, or thermal energy company to enter into an agreement with the property owner or customer receiving services at the time the conservation measures, services, or payments are initially provided. The tariff schedule may allow for the payment of the rates or charges over a period of time and for the application of the payment obligation to successive property owners or customers at the premises where the conservation measures or services were installed or performed or with respect to which the conservation payments were made.
(2) The electrical, gas, or thermal energy company shall record a notice of a payment obligation, containing a legal description, resulting from an agreement under this section with the county auditor or recording officer as provided in RCW 65.04.030.
(3) The commission may prescribe by rule other methods by which an electrical, gas, or thermal energy company shall notify property owners or customers of any such payment obligation.
[ 2025 c 263 s 10; 1993 c 245 s 2.]
Notes:
Legislative findings—Intent—1993 c 245: "(1) The legislature finds that:
(a) The ability of utilities to acquire cost-effective conservation measures is instrumental in assuring that Washington citizens have reasonable energy rates and that utilities have adequate energy resources to meet future energy demands;
(b) Customers may be more willing to accept investments in energy efficiency and conservation if real and perceived impediments to property transactions are avoided;
(c) Potential purchasers of real property should be notified of any utility conservation charges at the earliest point possible in the sale.
(2) It is the intent of the legislature to encourage utilities to develop innovative approaches designed to promote energy efficiency and conservation that have limited rate impacts on utility customers. It is not the intent of the legislature to restrict the authority of the utilities and transportation commission to approve tariff schedules.
(3) It is also the intent of the legislature that utilities which establish conservation tariffs should undertake measures to assure that potential purchasers of property are aware of the existence of any conservation tariffs. Measures that may be considered include, but are not limited to:
(a) Recording a notice of a conservation tariff payment obligation, containing a legal description, with the county property records;
(b) Annually notifying customers who have entered agreements of the conservation tariff obligation;
(c) Working with the real estate industry to provide for disclosure of conservation tariff obligations in standardized listing agreements and earnest money agreements; and
(d) Working with title insurers to provide recorded conservation tariff obligations as an informational note to the preliminary commitment for policy of title insurance." [ 1993 c 245 s 1.]

catchline: Tariff schedule—Energy conservation—Payment by successive property owners—Notice—Rules.


title: RCW 80.28.068

text:
(1) Upon its own motion, or upon request by an electrical, gas, or thermal energy company, or other party to a general rate case hearing, or other proceeding to set rates, the commission may approve rates, charges, services, and/or physical facilities at a discount, or through grants, for low-income senior customers and low-income customers. Expenses and lost revenues as a result of these discounts, grants, or other low-income assistance programs shall be included in the company's cost of service and recovered in rates to other customers. Each gas, electrical, or thermal energy company must propose a low-income assistance program comprised of a discount rate for low-income senior customers and low-income customers as well as grants and other low-income assistance programs. The commission shall approve, disapprove, or approve with modifications each gas, electrical, or thermal energy company's low-income assistance discount rate and grant program. The gas, electrical, or thermal energy company must use reasonable and good faith efforts to seek approval for low-income program design, eligibility, operation, outreach, and funding proposals from its low-income and equity advisory groups in advance of filing such proposals with the commission. In order to remove barriers and to expedite assistance, low-income discounts or grants approved under this section must be provided in coordination with community-based organizations in the gas, electrical, or thermal energy company's service territory including, but not limited to, grantees of the department of commerce, community action agencies, and community-based nonprofit organizations. Nothing in this section may be construed as limiting the commission's authority to approve or modify tariffs authorizing low-income discounts or grants.
(2) Eligibility for a low-income discount rate or grant established in this section may be established upon verification of a low-income customer's receipt of any means-tested public benefit, or verification of eligibility for the low-income home energy assistance program, or its successor program, for which eligibility does not exceed the low-income definition set by the commission pursuant to RCW 19.405.020. The public benefits may include, but are not limited to, assistance that provides cash, housing, food, or medical care including, but not limited to, temporary assistance for needy families, supplemental security income, emergency assistance to elders, disabled, and children, supplemental nutrition assistance program benefits, public housing, federally subsidized or state-subsidized housing, the low-income home energy assistance program, veterans' benefits, and similar benefits.
(3) Each gas, electrical, or thermal energy company shall conduct substantial outreach efforts to make the low-income discounts or grants available to eligible customers and must provide annual reports to the commission as to the gas, electrical, or thermal energy company's outreach activities and results. Such outreach: (a) Shall be made at least semiannually to inform customers of available rebates, discounts, credits, and other cost-saving mechanisms that can help them lower their monthly bills for gas, electrical, or thermal energy service; and (b) may be in the form of any customary and usual methods of communication or distribution including, without limitation, widely broadcast communications with customers, direct mailing, telephone calls, electronic communications, social media postings, in-person contacts, websites of the gas, electrical, or thermal energy company, press releases, and print and electronic media, that are designed to increase access to and participation in bill assistance programs.
(4) Outreach may include establishing an automated program of matching customer accounts with lists of recipients of the means-tested public benefit programs and, based on the results of the matching program, to presumptively offer a low-income discount rate or grant to eligible customers so identified. However, the gas, electrical, or thermal energy company must within 60 days of the presumptive enrollment inform such a low-income customer of the presumptive enrollment and all rights and obligations of a customer under the program, including the right to withdraw from the program without penalty.
(5) A residential customer eligible for a low-income discount rate must receive the service on demand.
(6) A residential customer may not be charged for initiating or terminating low-income discount rates, grants, or any other form of energy assistance.
(7) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Energy burden" has the same meaning as defined in RCW 19.405.020.
(b) "Low-income" has the same meaning as defined in RCW 19.405.020.
(c) "Physical facilities" includes, but may not be limited to, a community solar project as defined in RCW 80.28.370.
[ 2025 c 263 s 11; 2021 c 188 s 3; 2009 c 32 s 1; 1999 c 62 s 1.]
Notes:
Legislative directive—2021 c 188: See note following RCW 80.28.425.

catchline: Rates—Low-income customers.


title: RCW 80.28.070

text:
Nothing in this chapter shall be taken to prohibit a gas company, electrical company, water company, or thermal energy company from establishing a sliding scale of charges, whereby a greater charge is made per unit for a lesser than a greater quantity for gas, electricity, water, or thermal energy, or any service rendered or to be rendered.
[ 2025 c 263 s 12; 1961 c 14 s 80.28.070. Prior: 1911 c 117 s 32; RRS s 10368.]

catchline: Sliding scale of charges permitted.


title: RCW 80.28.074

text:
The legislature declares it is the policy of the state to:
(1) Preserve affordable energy services to the residents of the state;
(2) Maintain and advance the efficiency and availability of energy services to the residents of the state of Washington;
(3) Ensure that customers pay only reasonable charges for energy services;
(4) Permit flexible pricing of energy services.
[ 2021 c 188 s 5; 1988 c 166 s 1.]
Notes:
Legislative directive—2021 c 188: See note following RCW 80.28.425.

catchline: Legislative declaration.


title: RCW 80.28.075

text:
Upon request by a natural gas company, an electrical company, or a thermal energy company, the commission may approve a tariff that includes banded rates for any nonresidential natural gas, electric, or thermal energy service that is subject to effective competition from energy suppliers not regulated by the utilities and transportation commission. "Banded rate" means a rate that has a minimum and maximum rate. Rates may be changed within the rate band upon such notice as the commission may order.
[ 2025 c 263 s 13; 1988 c 166 s 2.]

catchline: Banded rates—Natural gas, electric, or thermal energy services.


title: RCW 80.28.080

text:
(1)(a) Except as provided otherwise in this subsection, no gas company, electrical company, wastewater company, water company, or thermal energy company may charge, demand, collect or receive a greater or less or different compensation for any service rendered or to be rendered than the rates and charges applicable to such service as specified in its schedule filed and in effect at the time, nor may any such company directly or indirectly refund or remit in any manner or by any device any portion of the rates or charges so specified, or furnish its product at free or reduced rates except to its employees and their families, and its officers, attorneys, and agents; to hospitals, charitable and eleemosynary institutions and persons engaged in charitable and eleemosynary work; to indigent and destitute persons; to national homes or state homes for disabled volunteer soldiers and soldiers' and sailors' homes.
For the purposes of this subsection (1):
(i) "Employees" includes furloughed, pensioned and superannuated employees, persons who have become disabled or infirm in the service of any such company; and
(ii) "Families" includes the families of those persons named in this proviso, the families of persons killed or dying in the service, also the families of persons killed, and the surviving spouse prior to remarriage, and the minor children during minority of persons who died while in the service of any of the companies named in this subsection (1).
(b) Water companies may furnish free or at reduced rates water for the use of the state, or for any project in which the state is interested.
(c) Gas companies, electrical companies, wastewater companies, water companies, and thermal energy companies may charge the defendant for treble damages awarded in lawsuits successfully litigated under RCW 80.28.240.
(2) No gas company, electrical company, wastewater company, water company, or thermal energy company may extend to any person or corporation any form of contract or agreement or any rule or regulation or any privilege or facility except such as are regularly and uniformly extended to all persons and corporations under like circumstances.
[ 2025 c 263 s 14; 2011 c 214 s 17; 1985 c 427 s 2; 1973 1st ex.s. c 154 s 116; 1961 c 14 s 80.28.080. Prior: 1911 c 117 s 29; RRS s 10365.]
Notes:
Findings—Purpose—Limitation of chapter—Effective date—2011 c 214: See notes following RCW 80.04.010.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Published rates to be charged—Exceptions.


title: RCW 80.28.090

text:
No gas company, electrical company, wastewater company, water company, or thermal energy company may make or grant any undue or unreasonable preference or advantage to any person, corporation, or locality, or to any particular description of service in any respect whatsoever, or subject any particular person, corporation or locality or any particular description of service to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.
[ 2025 c 263 s 15; 2011 c 214 s 18; 1961 c 14 s 80.28.090. Prior: 1911 c 117 s 30; RRS s 10366.]
Notes:
Findings—Purpose—Limitation of chapter—Effective date—2011 c 214: See notes following RCW 80.04.010.

catchline: Unreasonable preference prohibited.


title: RCW 80.28.100

text:
No gas company, electrical company, wastewater company, water company, or thermal energy company may, directly or indirectly, or by any special rate, rebate, drawback or other device or method, charge, demand, collect or receive from any person or corporation a greater or less compensation for gas, electricity, wastewater company services, water, or thermal energy, or for any service rendered or to be rendered, or in connection therewith, except as authorized in this chapter, than it charges, demands, collects or receives from any other person or corporation for doing a like or contemporaneous service with respect thereto under the same or substantially similar circumstances or conditions. If the commission finds any instance of a thermal energy resource provider injecting thermal energy into a thermal energy system that exceeds system needs and creates system imbalance, the commission may issue rules to address such an issue to ensure ratepayers are not charged for energy that does not provide a benefit.
[ 2025 c 263 s 16; 2011 c 214 s 19; 1961 c 14 s 80.28.100. Prior: 1911 c 117 s 31; RRS s 10367.]
Notes:
Findings—Purpose—Limitation of chapter—Effective date—2011 c 214: See notes following RCW 80.04.010.
Reduced utility rates for low-income senior citizens and other low-income citizens: RCW 74.38.070.


title: RCW 80.28.110

text:
(1) Every gas company, electrical company, wastewater company, or water company, engaged in the sale and distribution of gas, electricity, or water, or the provision of wastewater company services, shall, upon reasonable notice, furnish to all persons and corporations who may apply therefor and be reasonably entitled thereto, suitable facilities for furnishing and furnish all available gas, electricity, wastewater company services, and water as demanded, except that: (a) A water company may not furnish water contrary to the provisions of water system plans approved under chapter 43.20 or 70A.100 RCW; (b) wastewater companies may not provide services contrary to the approved general sewer plan; and (c) exclusively upon petition of a gas company, and subject to the commission's approval, a gas company's obligation to serve gas to customers that have access to the gas company's thermal energy network may be met by providing thermal energy through a thermal energy network.
(2) Every gas company or large combination utility shall provide natural gas to all persons and corporations in their service area or territory that demand, apply for, and are reasonably entitled to receive, natural gas under this section, even if other energy services or energy sources may be available.
[ 2025 c 1 s 2 (Initiative Measure No. 2066, approved November 5, 2024); 2024 c 348 s 6; 2021 c 65 s 97; 2011 c 214 s 20; 1990 c 132 s 5; 1961 c 14 s 80.28.110. Prior: 1911 c 117 s 33; RRS s 10369.]
Notes:
Findings—2025 c 1 (Initiative Measure No. 2066): "(1) The people find that having access to natural gas enhances the safety, welfare, and standard of living of all people in Washington. The people further find that preserving Washington's gas infrastructure and systems will promote energy choice, security, independence, and resilience throughout the state. Natural gas is a convenient and important necessity because it: Serves as a backup source of energy during emergencies; provides consumers with more options for heating, sanitation, cooking and food preparation, and other household activities, helping to control their costs; and sustains essential businesses, such as restaurants.
(2) Unfortunately, due to recent policy and corporate decisions, the people's ability to make choices about their energy sources is at risk. Therefore, the people determine that access to gas and gas appliances must be preserved for Washington homes and businesses, by strengthening utilities' obligation to provide natural gas to customers who want it, and by preventing regulatory actions that will limit access to gas." [ 2025 c 1 s 1 (Initiative Measure No. 2066, approved November 5, 2024).]
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Findings—Purpose—Limitation of chapter—Effective date—2011 c 214: See notes following RCW 80.04.010.
Legislative findings—Severability—1990 c 132: See note following RCW 43.20.240.
Duty of company to fix rate for wholesale power on request of public utility district: RCW 54.04.100.

catchline: Service to be furnished on reasonable notice.


title: RCW 80.28.120

text:
Every gas, water, wastewater, electrical, or thermal energy company owning, operating or managing a plant or system for the distribution and sale of gas, water, electricity, or thermal energy, or the provision of wastewater company services to the public for hire is, and is held to be, a public service company as to such plant or system and as to all gas, water, wastewater company services, electricity, or thermal energy distributed or furnished therefrom, whether such gas, water, wastewater company services, electricity, or thermal energy be sold wholesale or retail or be distributed wholly to the general public or in part as surplus gas, water, wastewater company services, electricity, or thermal energy to manufacturing or industrial concerns or to other public service companies or municipalities for redistribution. Nothing in this title may be construed to prevent any gas company, electrical company, water company, or thermal energy company from continuing to furnish its product or the use of its lines, equipment or service under any contract or contracts in force on June 7, 1911, at the rates fixed in such contract or contracts. However, the commission has power, in its discretion, to direct by order that such contract or contracts be terminated by the company party thereto and thereupon such contract or contracts must be terminated by such company as and when directed by such order.
[ 2025 c 263 s 17; 2011 c 214 s 21; 1961 c 14 s 80.28.120. Prior: 1933 c 165 s 1; 1911 c 117 s 34; RRS s 10370.]
Notes:
Findings—Purpose—Limitation of chapter—Effective date—2011 c 214: See notes following RCW 80.04.010.

catchline: Effect on existing contracts.


title: RCW 80.28.130

text:
Whenever the commission finds, after hearing had upon its own motion or upon complaint, that repairs or improvements, to, or changes in, any gas plant, electrical plant, system of sewerage, water system, or thermal energy system ought to be made, or that any additions or extensions should reasonably be made thereto, in order to promote the security or convenience of the public or employees, or in order to secure adequate service or facilities for manufacturing, distributing or supplying gas, electricity, wastewater company services, water, or thermal energy, the commission may enter an order directing that such reasonable repairs, improvements, changes, additions or extensions of such gas plant, electrical plant, system of sewerage, water system, or thermal energy system be made. The commission may require a large combination utility as defined in RCW 80.86.010 to incorporate any existing pipeline safety and replacement plans under this section into an integrated system plan established under RCW 80.86.020.
[ 2025 c 263 s 18; 2024 c 351 s 15; 2011 c 214 s 22; 1961 c 14 s 80.28.130. Prior: 1911 c 117 s 70; RRS s 10406.]
Notes:
Effective date—2024 c 351: See note following RCW 80.86.010.
Findings—Purpose—Limitation of chapter—Effective date—2011 c 214: See notes following RCW 80.04.010.

catchline: Repairs, improvements, changes, additions, or extensions may be directed.


title: RCW 80.28.140

text:
The commission may appoint inspectors of gas and water meters whose duty it shall be when required by the commission to inspect, examine, prove and ascertain the accuracy of any and all gas and water meters used or intended to be used for measuring or ascertaining the quantity of gas for light, heat or power, or the quantity of water furnished for any purpose by any public service company to or for the use of any person or corporation, and when found to be or made to be correct such inspectors shall seal all such meters and each of them with some suitable device to be prescribed by the commission.
No public service company shall thereafter furnish, set or put in use any gas or water meter which shall not have been inspected, proved and sealed by an inspector of the commission under such rules and regulations as the commission may prescribe.
[ 1961 c 14 s 80.28.140. Prior: 1911 c 117 s 74, part; RRS s 10410, part.]

catchline: Inspection of gas and water meters.


title: RCW 80.28.150

text:
The commission may appoint inspectors of electric meters whose duty it shall be when required by the commission to inspect, examine, prove and ascertain the accuracy of any and all electric meters used or intended to be used for measuring and ascertaining the quantity of electric current furnished for light, heat or power by any public service company to or for the use of any person or corporation, and to inspect, examine and ascertain the accuracy of all apparatus for testing and proving the accuracy of electric meters, and when found to be or made to be correct the inspector shall stamp or mark all such meters and apparatus with some suitable device to be prescribed by the commission. No public service company shall furnish, set or put in use any electric meters the type of which shall not have been approved by the commission.
[ 1961 c 14 s 80.28.150. Prior: 1911 c 117 s 74, part; RRS s 10410, part.]

catchline: Inspection of electric meters.


title: RCW 80.28.160

text:
Every gas company, electrical company, water company, and thermal energy company shall prepare and maintain such suitable premises, apparatus and facilities as may be required and approved by the commission for testing and proving the accuracy of gas, electric, water, or thermal energy meters furnished for use by it by which apparatus every meter may be tested.
[ 2025 c 263 s 20; 1961 c 14 s 80.28.160. Prior: 1911 c 117 s 74, part; RRS s 10410, part.]

catchline: Testing apparatus to be furnished.


title: RCW 80.28.170

text:
If any consumer to whom a meter has been furnished shall request the commission in writing to inspect such meter, the commission shall have the same inspected and tested, and if the same, on being so tested, shall be found to be more than four percent if an electric meter, more than two percent if a gas meter, more than two percent if a water meter, or more than two percent if a thermal energy meter, defective or incorrect to the prejudice of the consumer, the expense of such inspection and test shall be borne by the gas company, electrical company, water company, or thermal energy company, and if the same, on being so tested shall be found to be correct within the limits of error prescribed by the provisions of this section, the expense of such inspection and test shall be borne by the consumer.
[ 2025 c 263 s 21; 1961 c 14 s 80.28.170. Prior: 1911 c 117 s 74, part; RRS s 10410, part.]

catchline: Testing at consumer's request.


title: RCW 80.28.180

text:
The commission shall prescribe such rules and regulations to carry into effect the provisions of RCW 80.28.140 through 80.28.170 as it may deem necessary, and shall fix the uniform and reasonable charges for the inspection and testing of meters upon complaint.
[ 1961 c 14 s 80.28.180. Prior: 1911 c 117 s 74, part; RRS s 10410, part.]

catchline: Rules and regulations.


title: RCW 80.28.185

text:
The commission may develop and enter into an agreement with a county to carry out the regulatory functions of this chapter with regard to water companies or wastewater companies located within the boundary of that county. The duration of the agreement, the duties to be performed, and the remuneration to be paid by the commission are subject to agreement by the commission and the county.
[ 2011 c 214 s 23; 1989 c 207 s 6.]
Notes:
Findings—Purpose—Limitation of chapter—Effective date—2011 c 214: See notes following RCW 80.04.010.

catchline: Water companies or wastewater companies within counties—Commission may regulate.


title: RCW 80.28.190

text:
(1) No gas company shall, after January 1, 1956, operate in this state any gas plant for hire without first having obtained from the commission under the provisions of this chapter a certificate declaring that public convenience and necessity requires or will require such operation and setting forth the area or areas within which service is to be rendered; but a certificate shall be granted where it appears to the satisfaction of the commission that such gas company was actually operating in good faith, within the confines of the area for which such certificate shall be sought, on June 8, 1955. Any right, privilege, certificate held, owned or obtained by a gas company may be sold, assigned, leased, transferred or inherited as other property, only upon authorization by the commission. The commission shall have power, after hearing, when the applicant requests a certificate to render service in an area already served by a certificate holder under this chapter only when the existing gas company or companies serving such area will not provide the same to the satisfaction of the commission and in all other cases, with or without hearing, to issue the certificate as prayed for; or for good cause shown to refuse to issue same, or to issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted by the certificate such terms and conditions as, in its judgment, the public convenience and necessity may require.
(2) The commission may, at any time, by its order duly entered after a hearing had upon notice to the holder of any certificate hereunder, and an opportunity to such holder to be heard, at which it shall be proven that such holder willfully violates or refuses to observe any of its proper orders, rules or regulations, suspend, revoke, alter or amend any certificate issued under the provisions of this section, but the holder of such certificate shall have all the rights of rehearing, review and appeal as to such order of the commission as is provided herein.
(3) In all respects in which the commission has power and authority under this chapter applications and complaints may be made and filed with it, process issued, hearings held, opinions, orders and decisions made and filed, petitions for rehearing filed and acted upon, and petitions for writs of review to the superior court filed therewith, appeals or mandate filed with the supreme court or the court of appeals of this state considered and disposed of by such courts in the manner, under the conditions, and subject to the limitations and with the effect specified in the Washington utilities and transportation commission laws of this state.
(4) Every officer, agent, or employee of any corporation, and every other person who violates or fails to comply with, or who procures, aids or abets in the violation of any of the provisions of this section or who fails to obey, observe or comply with any order, decision, rule or regulation, directive, demand or requirements, or any provision of this section, is guilty of a gross misdemeanor.
(5) Neither this section, RCW 80.28.200, * 80.28.210, nor any provisions thereof shall apply or be construed to apply to commerce with foreign nations or commerce among the several states of this union except insofar as the same may be permitted under the provisions of the Constitution of the United States and acts of congress.
(6) The commission shall collect the following miscellaneous fees from gas companies: Application for a certificate of public convenience and necessity or to amend a certificate, twenty-five dollars; application to sell, lease, mortgage or transfer a certificate of public convenience and necessity or any interest therein, ten dollars.
[ 2003 c 53 s 383; 1971 c 81 s 141; 1961 c 14 s 80.28.190. Prior: 1955 c 316 s 4.]
Notes:
*Reviser's note: RCW 80.28.210 was repealed by 2007 c 142 s 11.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.


title: RCW 80.28.200

text:
Whenever any gas company whose rates are subject to the jurisdiction of the commission shall receive any refund of amounts charged and collected from it on account of natural gas purchased by it, by reason of any reduction of rates or disallowance of an increase in rates of the seller of such natural gas pursuant to an order of the federal power commission, whether such refund shall be directed by the federal power commission or by any court upon review of such an order or shall otherwise accrue to such company, the commission shall have power after a hearing, upon its own motion, upon complaint, or upon the application of such company, to determine whether or not such refund should be passed on, in whole or in part, to the consumers of such company and to order such company to pass such refund on to its consumers, in the manner and to the extent determined just and reasonable by the commission.
[ 1961 c 14 s 80.28.200. Prior: 1955 c 316 s 5.]

catchline: Gas companies—Refunds of charges.


title: RCW 80.28.220

text:
Every corporation having for one of its principal purposes the transmission, distribution, sale, or furnishing of natural gas or other type gas for light, heat, or power and holding and owning a certificate of public convenience and necessity from the utilities and transportation commission authorizing the operation of a gas plant, may appropriate, by condemnation, lands and property and interests therein, for the transmission, distribution, sale, or furnishing of such natural gas or other type gas through gas mains or pipelines under the provisions of chapter 8.20 RCW.
[ 1961 c 14 s 80.28.220. Prior: 1957 c 191 s 1.]

catchline: Gas companies—Right of eminent domain—Purposes.


title: RCW 80.28.230

text:
Any property or interest acquired as provided in RCW 80.28.220 shall be used exclusively for the purposes for which it was acquired: PROVIDED, HOWEVER, That if any such property be sold or otherwise disposed of by said corporations, such sale or disposition shall be by public sale or disposition and advertised in the manner of public sales in the county where such property is located.
[ 1961 c 14 s 80.28.230. Prior: 1957 c 191 s 2.]

catchline: Gas companies—Use for purpose acquired exclusive—Disposition of property.


title: RCW 80.28.240

text:
(1) A utility may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets, or attempts to:
(a) Divert, or cause to be diverted, utility services by any means whatsoever;
(b) Make, or cause to be made, any connection or reconnection with property owned or used by the utility to provide utility service without the authorization or consent of the utility;
(c) Prevent any utility meter or other device used in determining the charge for utility services from accurately performing its measuring function by tampering or by any other means;
(d) Tamper with any property owned or used by the utility to provide utility services; or
(e) Use or receive the direct benefit of all or a portion of the utility service with knowledge of, or reason to believe that, the diversion, tampering, or unauthorized connection existed at the time of the use or that the use or receipt was without the authorization or consent of the utility.
(2) In any civil action brought under this section, the utility may recover from the defendant as damages three times the amount of actual damages, if any, plus the cost of the suit and reasonable attorney's fees, plus the costs incurred on account of the bypassing, tampering, or unauthorized reconnection, including but not limited to costs and expenses for investigation, disconnection, reconnection, service calls, and expert witnesses.
(3) Any damages recovered under this section in excess of the actual damages sustained by the utility may be taken into account by the utilities and transportation commission or other applicable rate-making agency in establishing utility rates.
(4) As used in this section:
(a) "Customer" means the person in whose name a utility service is provided;
(b) "Divert" means to change the intended course or path of electricity, gas, water, or thermal energy without the authorization or consent of the utility;
(c) "Person" means any individual, partnership, firm, association, or corporation or government agency;
(d) "Reconnection" means the commencement of utility service to a customer or other person after service has been lawfully disconnected by the utility;
(e) "Tamper" means to rearrange, injure, alter, interfere with, or otherwise prevent from performing the normal or customary function;
(f) "Utility" means any electrical company, gas company, wastewater company, water company, or thermal energy company, as those terms are defined in RCW 80.04.010, and includes any electrical, gas, system of sewerage, water system, or thermal energy system operated by any public agency; and
(g) "Utility service" means the provision of electricity, gas, water, wastewater company services, thermal energy, or any other service or commodity furnished by the utility for compensation.
[ 2025 c 263 s 22; 2011 c 214 s 24; 1989 c 11 s 30; 1985 c 427 s 1.]
Notes:
Findings—Purpose—Limitation of chapter—Effective date—2011 c 214: See notes following RCW 80.04.010.
Severability—1989 c 11: See note following RCW 9A.56.220.

catchline: Recovery of damages by utility company for tampering, unauthorized connections, diversion of services.


title: RCW 80.28.250

text:
A city, town or county may, by ordinance or resolution, require a water company to maintain fire hydrants in the area served by the water company. The utilities and transportation commission has no authority to waive this obligation.
[ 1986 c 119 s 1.]

catchline: Water companies—Fire hydrants.


title: RCW 80.28.260

text:
(1) The commission shall adopt a policy allowing an incentive rate of return on investment for programs that improve the efficiency of energy end use if priority is given to senior citizens and low-income citizens in the course of carrying out such programs. The incentive rate of return on investments set forth in this subsection is established by adding an increment of two percent to the rate of return on common equity permitted on the company's other investments.
(2) The commission shall consider and may adopt a policy allowing an incentive rate of return on investment in additional programs to improve the efficiency of energy end use including, but not limited to, tree planting programs and cool roof programs, or other incentive policies to encourage utility investment in such programs. Any tree planting program where energy reduction is a goal for which an electrical company seeks an incentive rate of return on investment under this subsection (2) should accomplish the following:
(a) Reduce the peak-load demand for electricity in residential and commercial business areas during the summer months through direct shading of buildings provided by strategically planted trees;
(b) Reduce wintertime demand for energy in residential areas by blocking cold winds from reaching homes, which lowers interior temperatures and drives heating demand;
(c) Protect public health by removing harmful pollution from the air and prioritize in communities with environmental health disparities;
(d) Utilize the natural photosynthetic and transpiration process of trees to lower ambient temperatures and absorb carbon dioxide;
(e) Lower electric bills for residential and commercial business ratepayers by limiting electricity consumption without reducing benefits;
(f) Relieve financial and demand pressure on the utility that stems from large peak-load electricity demand;
(g) Protect water quality and public health by reducing and cooling stormwater runoff and keeping harmful pollutants from entering waterways, with special attention given to waterways vital for the preservation of threatened and endangered salmon;
(h) Ensure that trees are planted in locations that limit the amount of public funding needed to maintain public and electric infrastructure;
(i) Measure program performance in terms of the estimated present value benefit per tree planted and equitable and accessible community engagement consistent with the department of health's environmental health disparities map recommendations 12 and 13, and with the community engagement plan guidance appendix C of the final report of the environmental justice task force established under chapter 415, Laws of 2019;
(j) Give special consideration to achieving environmental justice in goals and policies, avoid creating or worsening environmental health disparities, and make use of the department of health's environmental health disparities map to help guide engagement and actions; and
(k) Coordinate with the department of natural resources urban and community forestry program's efforts to identify areas of need related to urban tree canopy and to provide technical assistance and capacity building to encourage urban tree canopy.
(3) The commission shall consider and may adopt other policies to protect a company from a reduction of short-term earnings that may be a direct result of utility programs to increase the efficiency of energy use. These policies may include allowing a periodic rate adjustment for investments in end use efficiency or allowing changes in price structure designed to produce additional new revenue.
[ 2021 c 11 s 6; 1996 c 186 s 520; 1990 c 2 s 9.]
Notes:
Findings—Intent—2021 c 11: See note following RCW 35.92.355.
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
Effective dates—1990 c 2: See note following RCW 19.27.040.
Findings—Severability—1990 c 2: See notes following RCW 19.27A.015.

catchline: Adoption of policies to provide financial incentives for energy efficiency programs.


title: RCW 80.28.270

text:
The commission's jurisdiction over the rates, charges, practices, acts or services of any water company or wastewater company includes any aspect of line extension, service installation, or service connection. If the charges for such services are not set forth by specific amount in the company's tariff filed with the commission pursuant to RCW 80.28.050, the commission shall determine the fair, just, reasonable, and sufficient charge for such extension, installation, or connection. In any such proceeding in which there is no specified tariffed rate, the burden is on the company to prove that its proposed charges are fair, just, reasonable, and sufficient.
[ 2011 c 214 s 25; 1991 c 101 s 2.]
Notes:
Findings—Purpose—Limitation of chapter—Effective date—2011 c 214: See notes following RCW 80.04.010.

catchline: Water or wastewater companies—Extension, installation, or connection charges.


title: RCW 80.28.275

text:
A water company or a wastewater company assuming responsibility for a water system or system of sewerage that is not in compliance with state or federal requirements, and its agents and employees, are immune from lawsuits or causes of action, based on noncompliance with state or federal requirements, which predate the date of assuming responsibility and continue after the date of assuming responsibility, provided that the water company or wastewater company has submitted and is complying with a plan and schedule of improvements approved by the department of health or the department of ecology, as appropriate to the agencies' jurisdiction. This immunity expires on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility. This immunity does not apply to intentional injuries, fraud, or bad faith and is subject to the provisions of law governing clean water as referenced by the commission by rule.
[ 2011 c 214 s 26; 1994 c 292 s 9.]
Notes:
Findings—Purpose—Limitation of chapter—Effective date—2011 c 214: See notes following RCW 80.04.010.
Findings—Intent—1994 c 292: See note following RCW 57.04.050.

catchline: Water or wastewater companies—Assumption of substandard water system or system of sewerage—Limited immunity from liability.


title: RCW 80.28.280

text:
(1) The legislature finds that compressed natural gas and liquefied natural gas offers [offer] significant potential to reduce vehicle and vessel emissions and to significantly decrease dependence on petroleum-based fuels. The legislature also finds that well-developed and convenient refueling systems are imperative if compressed natural gas and liquefied natural gas are to be widely used by the public. The legislature declares that the development of compressed natural gas and liquefied natural gas motor vehicle refueling stations and vessel refueling facilities are in the public interest. Except as provided in subsection (2) of this section, nothing in this section and RCW 80.28.290 is intended to alter the regulatory practices of the commission or allow the subsidization of one ratepayer class by another.
(2) When a liquefied natural gas facility owned by a natural gas company serves both a private customer operating marine vessels and the Washington state ferries or any other public entity, the rate charged by the natural gas company to the Washington state ferries or other public entity may not be more than the rate charged to the private customer operating marine vessels.
[ 2014 c 216 s 501; 1991 c 199 s 216.]
Notes:
Effective date—Findings—Tax preference performance statement—2014 c 216: See notes following RCW 82.38.030.
Finding—1991 c 199: See note following RCW 70A.15.1005.
Effective dates—1991 c 199: See RCW 70A.15.9003.
Clean fuel: RCW 70A.25.120.

catchline: Compressed natural gas—Motor vehicle refueling stations—Public interest.


title: RCW 80.28.290

text:
The commission shall identify barriers to the development of refueling stations for vehicles operating on compressed natural gas, and shall develop policies to remove such barriers. In developing such policies, the commission shall consider providing rate incentives to encourage natural gas companies to invest in the infrastructure required by such refueling stations.
[ 1991 c 199 s 217.]
Notes:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Effective dates—1991 c 199: See RCW 70A.15.9003.

catchline: Compressed natural gas—Refueling stations—Identify barriers.