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does the tariff published by the WUTC take precedence over a local ordinance
ChatGPT said:
Good question — and the answer depends on what kind of tariff and what the local ordinance regulates, but here’s the general rule for Washington State (under the Washington Utilities
and Transportation Commission, or WUTC):
✅ In general, a WUTC-approved tariff takes legal precedence over local ordinances that attempt to regulate the same rates, terms, or services of a WUTC-regulated utility or carrier.
Here’s why:
* A tariff approved by the WUTC has the force and effect of law (RCW 80.28.050 for utilities and RCW 81.28.040 for transportation companies).
* Local governments cannot override or alter those rates, classifications, or service conditions by ordinance.
* Courts in Washington have consistently held that when the state has preempted the field (like utility or carrier rate regulation), local governments can’t impose conflicting or additional
requirements.
However:
* Local ordinances still control in areas where the state hasn’t preempted authority — for example, zoning, right-of-way use, or local business licensing (so long as they don’t conflict
with WUTC tariffs or rules).
* If there’s a conflict, the state tariff and WUTC authority prevail.
Example:
If a city passes an ordinance setting different rates for solid waste collection, but the WUTC has already approved a tariff for those rates, the tariff governs and the local ordinance
would be invalid to the extent it conflicts.