"Sec. 1   RCW 19.122.020 and 2000 c 191 s 15 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
     (1) "Business day" means any day other than Saturday, Sunday, or a legal local, state, or federal holiday.
     (2) "Damage" includes the substantial weakening of structural or lateral support of an underground facility, penetration, impairment, or destruction of any underground protective coating, housing, or other protective device, or the severance, partial or complete, of any underground facility to the extent that the project owner or the affected utility owner determines that repairs are required.
     (3) "Emergency" means any condition constituting a clear and present danger to life or property, or a customer service outage.
     (4) "Excavation" means any operation in which earth, rock, or other material on or below the ground is moved or otherwise displaced by any means, except the tilling of soil less than twelve inches in depth for agricultural purposes, or road and ditch maintenance that does not change the original road grade or ditch flowline.
     (5) "Excavation confirmation code" means a code or ticket issued by the one-number locator service for the site where an excavation is planned. The code must include the date and time it was issued.
     (6) "Excavator" means any person who engages directly in excavation.
     (((6))) (7) "Gas" means natural gas, flammable gas, or toxic or corrosive gas.
     (((7))) (8) "Hazardous liquid" means: (a) Petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195 as in effect on March 1, 1998; and (b) carbon dioxide. The utilities and transportation commission may by rule incorporate by reference other substances designated as hazardous by the secretary of transportation.
     (((8))) (9) "Identified facility" means any underground facility which is indicated in the project plans as being located within the area of proposed excavation.
     (((9))) (10) "Identified but unlocatable underground facility" means an underground facility which has been identified but cannot be located with reasonable accuracy.
     (((10))) (11) "Locatable underground facility" means an underground facility which can be field-marked with reasonable accuracy.
     (((11))) (12) "Marking" means the use of stakes, paint, or other clearly identifiable materials to show the field location of underground facilities, in accordance with the current color code standard of the American public works association. Markings shall include identification letters indicating the specific type of the underground facility.
     (((12))) (13) "Notice" means contact in person or by telephone or other electronic methods that results in the receipt of a valid excavation confirmation code.
     (14) "One-number locator service" means a service through which a person can notify utilities and request field-marking of underground facilities.
     (15) "Person" means an individual, partnership, franchise holder, association, corporation, a state, a city, a county, or any subdivision or instrumentality of a state, and its employees, agents, or legal representatives.
     (((13))) (16) "Pipeline" or "pipeline system" means all or parts of a pipeline facility through which hazardous liquid or gas moves in transportation, including, but not limited to, line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein, and breakout tanks. "Pipeline" or "pipeline system" does not include process or transfer pipelines as defined in RCW 81.88.010.
     (((14))) (17) "Pipeline company" means a person or entity constructing, owning, or operating a pipeline for transporting hazardous liquid or gas. A pipeline company does not include: (a) Distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas at retail; or (b) excavation contractors or other contractors that contract with a pipeline company.
     (((15))) (18) "Reasonable accuracy" means location within twenty-four inches of the outside dimensions of both sides of an underground facility.
     (((16))) (19) "Transmission pipeline" means a pipeline that transports hazardous liquid or gas within a storage field, or transports hazardous liquid or gas from an interstate pipeline or storage facility to a distribution main or a large volume hazardous liquid or gas user, or operates at a hoop stress of twenty percent or more of the specified minimum yield strength.
     (20) "Underground facility" means any item buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic or telegraphic communications, cablevision, electric energy, petroleum products, gas, gaseous vapors, hazardous liquids, or other substances and including but not limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments, and those parts of poles or anchors below ground. This definition does not include pipelines as defined in subsection (((13))) (16) of this section, but does include distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas at retail.
     (((17) "One-number locator service" means a service through which a person can notify utilities and request field-marking of underground facilities.))

Sec. 2   RCW 19.122.027 and 2000 c 191 s 16 are each amended to read as follows:
     (1) ((By December 31, 2000,)) The utilities and transportation commission shall cause to be established a single statewide toll-free telephone number to be used for referring excavators to the appropriate one-number locator service.
     (2) The utilities and transportation commission, in consultation with the Washington utilities coordinating council, shall establish minimum standards and best management practices for one-number locator services ((consistent with the recommendations of the governor's fuel accident prevention and response team issued in December 1999. By December 31, 2000, the commission shall provide its recommendations to the appropriate standing committees of the house of representatives and the senate)).
     (3) One-number locator services shall be operated by nongovernmental agencies.

Sec. 3   RCW 19.122.030 and 2000 c 191 s 17 are each amended to read as follows:
     (1) Before commencing any excavation, excluding agriculture tilling less than twelve inches in depth, ((the excavator shall provide)) notice shall be provided of the scheduled commencement of excavation to all owners of underground facilities through a one-number locator service.
     (2) All owners of underground facilities within a one-number locator service area shall subscribe to the service. One-number locator service rates for cable television companies will be based on the amount of their underground facilities. If no one-number locator service is available, notice shall be provided individually to those owners of underground facilities known to or suspected of having underground facilities within the area of proposed excavation. The notice shall be communicated to the owners of underground facilities not less than two business days or more than ten business days before the scheduled date for commencement of excavation, unless otherwise agreed by the parties.
     (3) Upon receipt of the notice provided for in this section, the owner of the underground facility shall provide the excavator with reasonably accurate information as to its locatable underground facilities by surface-marking the location of the facilities. If there are identified but unlocatable underground facilities, the owner of such facilities shall provide the excavator with the best available information as to their locations. The owner of the underground facility providing the information shall respond no later than two business days after the receipt of the notice or before the excavation time, at the option of the owner, unless otherwise agreed by the parties.
     (4) Excavators shall not excavate until notice has been provided under subsection (1) of this section and all known facilities have been marked. Once marked by the owner of the underground facility, the excavator is responsible for maintaining the markings. Excavators shall have the right to receive compensation from the owner of the underground facility for costs incurred if the owner of the underground facility does not locate its facilities in accordance with this section.
     (((4))) (5) The owner of the underground facility shall have the right to receive compensation for costs incurred in responding to excavation notices given less than two business days prior to the excavation from the excavator.
     (((5))) (6) An owner of underground facilities is not required to indicate the presence of existing service laterals or appurtenances if the presence of existing service laterals or appurtenances on the site of the construction project can be determined from the presence of other visible facilities, such as buildings, manholes, or meter and junction boxes on or adjacent to the construction site.
     (((6))) (7) Emergency excavations are exempt from the time requirements for notification provided in this section.
     (((7))) (8) If the excavator, while performing the contract, discovers underground facilities which are not identified, the excavator shall cease excavating in the vicinity of the facility and immediately notify the owner or operator of such facilities, or the one-number locator service.

Sec. 4   RCW 19.122.033 and 2000 c 191 s 18 are each amended to read as follows:
     (1) Before commencing any excavation, excluding agricultural tilling less than twelve inches in depth, ((an excavator shall notify)) notice shall be provided to pipeline companies of the scheduled commencement of excavation through a one-number locator service in the same manner as is required for notifying owners of underground facilities of excavation work under RCW 19.122.030. Pipeline companies shall have the same rights and responsibilities as owners of underground facilities under RCW 19.122.030 regarding excavation work. Excavators have the same rights and responsibilities under this section as they have under RCW 19.122.030.
     (2) Project owners, excavators, and pipeline companies have the same rights and responsibilities relating to excavation near pipelines that they have for excavation near underground facilities as provided in RCW 19.122.040.

Sec. 5   RCW 19.122.035 and 2000 c 191 s 19 are each amended to read as follows:
     (1) After a pipeline company has been notified ((by an excavator)) pursuant to RCW 19.122.033 that excavation work will uncover any portion of the pipeline, the pipeline company shall ensure that the pipeline section in the vicinity of the excavation is examined for damage prior to being reburied.
     (2) Immediately upon receiving information of third-party damage to a hazardous liquid pipeline, the company that operates the pipeline shall terminate the flow of hazardous liquid in that pipeline until it has visually inspected the pipeline. After visual inspection, the operator of the hazardous liquid pipeline shall determine whether the damaged pipeline section should be replaced or repaired, or whether it is safe to resume pipeline operation. Immediately upon receiving information of third-party damage to a gas pipeline, the company that operates the pipeline shall conduct a visual inspection of the pipeline to determine whether the flow of gas through that pipeline should be terminated, and whether the damaged pipeline should be replaced or repaired. A record of the pipeline company's inspection report and test results shall be provided to the utilities and transportation commission consistent with reporting requirements under 49 C.F.R. 195 Subpart B.
     (3) Pipeline companies shall immediately notify local first responders and the department of any reportable release of a hazardous liquid from a pipeline. Pipeline companies shall immediately notify local first responders and the commission of any blowing gas leak from a gas pipeline that has ignited or represents a probable hazard to persons or property. Pipeline companies shall take all appropriate steps to ensure the public safety in the event of a release of hazardous liquid or gas under this subsection.
     (4) No damaged pipeline may be buried until it is repaired or relocated. The pipeline company shall arrange for repairs or relocation of a damaged pipeline as soon as is practical or may permit the excavator to do necessary repairs or relocation at a mutually acceptable price.

Sec. 6   RCW 19.122.055 and 2001 c 238 s 5 are each amended to read as follows:
     (1)(a) Any person who ((fails to notify)) excavates without first obtaining a valid excavation confirmation code from the one-number locator service and causes damage to a hazardous liquid or gas pipeline is subject to a civil penalty of not more than ten thousand dollars for each violation.
     (b) The civil penalty in this subsection may also be imposed on any person who violates section 8 or 9 of this act.
     (2) All civil penalties recovered under this section shall be deposited into the pipeline safety account created in RCW 81.88.050.

Sec. 7   RCW 19.122.070 and 1984 c 144 s 7 are each amended to read as follows:
     (1) Any person who violates any provision of this chapter not amounting to a violation of RCW 19.122.055, and which violation results in damage to underground facilities, is subject to a civil penalty of not more than one thousand dollars for each violation. All penalties recovered in such actions shall be deposited in the general fund.
     (2) Any excavator who willfully or maliciously damages a field-marked underground facility shall be liable for treble the costs incurred in repairing or relocating the facility. In those cases in which ((an excavator)) a person fails to notify known underground facility owners or excavates without first obtaining a valid excavation confirmation code from the one-number locator service, any damage to the underground facility shall be deemed willful and malicious and shall be subject to treble damages for costs incurred in repairing or relocating the facility.
     (3) This chapter does not affect any civil remedies for personal injury or for property damage, including that to underground facilities, nor does this chapter create any new civil remedies for such damage.

NEW SECTION.  Sec. 8   A new section is added to chapter 19.122 RCW to read as follows:
     Any person who excavates, without a valid excavation confirmation code when required under this chapter, within thirty-five feet of a transmission pipeline, and causes damage to the transmission pipeline, is guilty of a gross misdemeanor.

NEW SECTION.  Sec. 9   A new section is added to chapter 19.122 RCW to read as follows:
     Any person who excavates, without a valid excavation confirmation code when required under this chapter, within thirty-five feet of a transmission pipeline is guilty of a misdemeanor.

NEW SECTION.  Sec. 10   A new section is added to chapter 19.122 RCW to read as follows:
     If charged with a violation of section 8 or 9 of this act, an excavator will be deemed to have established an affirmative defense to such charges if:
     (1) The excavator was provided a valid excavation confirmation code;
     (2) The excavation was performed in an emergency situation;
     (3) The excavator was provided a false confirmation code by an identifiable third party; or
     (4) Notice of the excavation was not required under this chapter.

NEW SECTION.  Sec. 11   A new section is added to chapter 19.122 RCW to read as follows:
     Any person who intentionally provides an excavator with a false excavation confirmation code is guilty of a misdemeanor.

NEW SECTION.  Sec. 12   A new section is added to chapter 19.122 RCW to read as follows:
     Upon receipt, during normal business hours, of notice of an intended excavation, the one-number locator service shall provide an excavation confirmation code."