H-2363.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1198
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By House Committee on Local Government (originally sponsored by Representatives Hine, G. Fisher, Holland, Forner, Prentice, Spanel, Valle, Heavey, R. Johnson and Leonard).
Read first time March 6, 1991.
AN ACT Relating to the location of electrical facilities; amending RCW 80.32.010; adding a new section to chapter 35.21 RCW; and adding a new section to chapter 36.32 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 80.32.010 and 1985 c 469 s 62 are each amended to read as follows:
The
legislative authority of the city or town having control of any public street
or ((road, or, where the street or road is not within the limits of any
incorporated city or town, then)) the county legislative authority of the
county ((wherein the)) having control of any road ((or street
is situated,)) may grant authority for the construction, maintenance and
operation of transmission lines for transmitting electric power, together with
poles, wires and other appurtenances, upon, over, under, along,
and across any such public street or road, and in granting this authority the
legislative authority of the city or town, or the county legislative authority,
as the case may be, may prescribe the terms and conditions on which the
transmission line and its appurtenances, shall be constructed, maintained and
operated upon, over, under, along, and across the road or street,
and the grade or elevation at which the same shall be constructed, maintained
and operated((: PROVIDED, That)).
On
application being made to the county, city, or town legislative
authority, for such authority, the county, city, or town
legislative authority shall fix a time and place for hearing the same, and
shall cause ((the county auditor to give)) public notice thereof to
be given at the expense of the applicant, by: (1) Posting written
or printed notices ((in three public places in the county seat of the
county, and in at least one conspicuous place)) conspicuously on the
road or street or part thereof, for which application is made, with at least
one posted notice for each one mile of such road or street or part for which
application is made, at least fifteen days before the day fixed for such
hearing((,)); and (2) by publishing a like notice once a
week for two consecutive weeks in the official city, town, or county
newspaper, the last publication to be at least five days before the day fixed
for the hearing((, which)). Notices shall state the name
or names of the applicant or applicants, a description of the roads or streets
or parts thereof for which the application is made, and the time and place
fixed for the hearing.
The
hearing may be adjourned from time to time by order of the county, city, or
town legislative authority. If after such hearing the county, city, or
town legislative authority shall deem it to be for the public interest to
grant the authority in whole or in part, it may make and enter the proper order
granting the authority applied for or such part thereof as it deems to be for
the public interest, and shall require the transmission line and its
appurtenances to be placed in such location on or along the road or street as
it finds will cause the least interference with other uses of the road or
street. In case any such transmission line is or shall be located in part on
private right of way, the owner thereof shall have the right to construct and
operate the same across any ((county)) road or ((county)) street
which intersects the private right of way, if the crossing is so constructed
and maintained as to do no unnecessary damage((: PROVIDED, That)).
Any
person or corporation constructing the crossing or operating the transmission
line on or along the ((county)) road or ((county)) street shall
be liable to the county, city, or town for all necessary expense
incurred in restoring the ((county)) road or ((county)) street to
a suitable condition for travel.
NEW SECTION. Sec. 2. A new section is added to chapter 35.21 RCW to read as follows:
An electrical substation may be located in a city or town only if a special or conditional use permit for the electrical substation has been issued by the city or town. The issuance of such a permit may be conditioned upon requirements and terms established by the city or town.
A public hearing on a proposed electrical substation shall be held by the city or town council, with notice being posted in at least five conspicuous places near the proposed location for the electrical substation.
NEW SECTION. Sec. 3. A new section is added to chapter 36.32 RCW to read as follows:
An electrical substation may be located in the unincorporated area of a county only if a special or conditional use permit for the electrical substation has been issued by the county. The issuance of such a permit may be conditioned upon requirements and terms established by the city or town.
A public hearing on a proposed electrical substation shall be held by the county legislative authority, with notice being posted in at least five conspicuous places near the proposed location for the electrical substation.