SENATE BILL REPORT

SSB 5591

BYSenate Committee on Transportation (originally sponsored by Senators Patterson, DeJarnatt and Sellar; by request of Department of Transportation)

Prescribing penalties for unfranchised use of highway right-of-way.

Senate Committee on Transportation

Senate Hearing Date(s):February 2, 1989; February 16, 1989

Majority Report:  That Substitute Senate Bill No. 5591 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Patterson, Chairman; Nelson, Vice Chairman; von Reichbauer, Vice Chairman; Barr, Bender, Conner, McMullen, Madsen, Murray, Sellar, Thorsness.

Senate Staff:Vicki Fabre' (786-7313)

                  April 13, 1989

House Committe on Transportation

AS PASSED SENATE, MARCH 14, 1989

BACKGROUND:

Existing law (Chapter 47.44 RCW) requires any public or private entity who wants to locate a utility on state highway right-of-way to obtain a franchise or permit from the Department of Transportation.  The department estimates there are approximately 100 violations a year.  Cable TV and small utility companies appear to be the major violators.  Current law does not provide adequate penalties to deter use of state right-of-way by unauthorized utilities.

SUMMARY:

A civil penalty of $100 per calendar day is imposed beginning with the 30th calendar day following notice by certified mail of the statutory requirement to obtain a franchise or permit.  Notice is effective upon delivery by certified mail.

In the event the state determines that a facility constructed or maintained without a permit or franchise must be removed (and not granted a permit or franchise), the facility must be removed immediately upon notice.  Otherwise, removal of the facility after the 90th calendar day following the original notice may be ordered by the state.  If the facility is not removed, the state may remove it at the owner's expense.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Clyde Slemmer, Department of Transportation

HOUSE AMENDMENTS:

The time line for tolling the $100 civil penalty imposed for noncompliance with the franchise or permit process for utilities locating on state highway right-of-way is changed from 30 to 45 days.  The penalty is imposed beginning 45 days from the date notice is given and until application is made for a franchise or permit or until the facility is removed as required by notice.

The Department of Transportation is required to give notice to a utility, by certified mail, that a franchise or permit is required or the facility must be removed.  The notice must contain sufficient information to identify the portion of right-of-way in question.

If the utility does not apply for a permit or franchise within 45 days of notice or the Department of Transportation determines that the utility would not be granted a permit or franchise, the DOT may order the removal of the facility in a time period specified by the department.