Wash. Rev. Code » Title 35 · Chapter 35.92
Revised Code of Washington

Wash. Rev. Code § 35.92.050 (2026)

Authority to acquire and operate utilities

✓ current as of May 2026
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(1) A city or town may also construct, condemn and purchase, purchase, acquire, add to, alter, maintain, and operate works, plants, facilities for the purpose of furnishing the city or town and its inhabitants, and any other persons, with gas, electricity, green electrolytic hydrogen as defined in RCW 54.04.190, renewable hydrogen as defined in RCW 54.04.190, and other means of power and facilities for lighting, including streetlights as an integral utility service incorporated within general rates, heating, fuel, and power purposes, public and private, with full authority to regulate and control the use, distribution, and price thereof, together with the right to handle and sell or lease, any meters, lamps, motors, transformers, and equipment or accessories of any kind, necessary and convenient for the use, distribution, and sale thereof; authorize the construction of such plant or plants by others for the same purpose, and purchase gas, electricity, or power from either within or without the city or town for its own use and for the purpose of selling to its inhabitants and to other persons doing business within the city or town and regulate and control the use and price thereof.
(2) A city or town that furnishes natural gas shall provide natural gas to those inhabitants 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 3 (Initiative Measure No. 2066, approved November 5, 2024); 2022 c 292 s 405; 2002 c 102 s 3; 1985 c 445 s 9; 1965 c 7 s 35.92.050. Prior: 1957 c 288 s 6; 1957 c 209 s 6; prior: 1947 c 214 s 1, part; 1933 c 163 s 1, part; 1931 c 53 s 1, part; 1923 c 173 s 1, part; 1913 c 45 s 1, part; 1909 c 150 s 1, part; 1899 c 128 s 1, part; 1897 c 112 s 1, part; 1893 c 8 s 1, part; 1890 p 520 s 1, part; Rem. Supp. 1947 s 9488, part. Formerly RCW 80.40.050.]

Notes:

Findings—2025 c 1 (Initiative Measure No. 2066): See note following RCW 80.28.110.
Findings—Intent—2022 c 292: See note following RCW 43.330.565.
Purpose—Findings—Severability—2002 c 102: See notes following RCW 35.92.010.
Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1962–2024 · leading case: City of Tacoma v. Taxpayers of City of Tacoma, 743 P.2d 793 (Wash. 1987).
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City of Tacoma v. Taxpayers of City of Tacoma, 743 P.2d 793 (Wash. 1987). · cites it 96× “Although the trial court found Tacoma's conservation program authorized by RCW 35.92.050, the court invalidated the program as a gift of public funds prohibited by Const.”
Okeson v. City of Seattle, 78 P.3d 1279 (Wash. 2003). · cites it 14× “While the cases were pending, the legislature in the 2002 legislative session amended RCW 35.92.050, the statute governing a municipality's authority to run an electric utility.”
Okeson v. City of Seattle, 150 Wash. 2d 540 (Wash. 2003). · cites it 11× “While the cases were pending, the legislature in the 2002 legislative session amended RCW 35.92.050, the statute *547 governing a municipality’s authority to run an electric utility.”
Chem. Bank v. Washington Pub. Power Supply Sys., 691 P.2d 524 (Wash. 1984). · cites it 12× “RCW 35.92.050 authorizes a city or town to construct, condemn, purchase and acquire facilities for the purpose of furnishing the city or town or its inhabitants with electricity.”
Burns v. City of Seattle, 164 P.3d 475 (Wash. 2007). · cites it 4× “RCW 35.92.050. Shoreline hired a consultant to help it explore its options.”
Burns v. City of Seattle, 161 Wash. 2d 129 (Wash. 2007). · cites it 4× “RCW 35.92.050. Shoreline hired a consultant to help it explore its options.”
Chem. Bank v. Washington Pub. Power Supply Sys., 666 P.2d 329 (Wash. 1983). · cites it 6× “RCW 35.92.050. That statute provides: A city or town may also construct, condemn and purchase, purchase, acquire, add to, maintain and operate works, plants, facilities for the purpose of furnishing the city or town and its inhabitants, and any other persons, with gas,…”
Seattle Mortg. Co. v. Unknown Heirs of Daisy Gray, 136 P.3d 776 (Wash. Ct. App. 2006). · cites it 8× “360, and its own municipal code expressly enable it to shut off power to Gray’s premises, even after foreclosure, until the delinquent conservation loan is satisfied. Tacoma Municipal Code (TMC) 12.”
Okeson v. City of Seattle, 150 P.3d 556 (Wash. 2007). · cites it 10× “Express powers ¶ 15 City utilities derive their powers from RCW 35.92.050. That enabling statute expressly authorizes cities to: (1) operate works or plants for the purpose of furnishing persons with electricity or power-related facilities, (2) regulate and control the use,…”
Okeson v. City of Seattle, 159 Wash. 2d 436 (Wash. 2007). · cites it 9× “RCW 35.92.050. 3 The statute does not specifically authorize city utilities to pay other entities to reduce their greenhouse gas emissions.”
Earle M. Jorgensen Co. v. City of Seattle, 665 P.2d 1328 (Wash. 1983). · cites it 6× “II RCW 35.92.050 grants municipalities "full authority" to regulate the price of power sold by them.”
Employco Pers. Servs., Inc. v. City of Seattle, 817 P.2d 1373 (Wash. 1991). · cites it 2× “110 The City contends that it relied on the authority of RCW 35.92.050 17 when it enacted SMC 21.49.”
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