H-3742.2 _______________________________________________
HOUSE BILL 2578
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Representatives McMorris and Wood
Read first time 01/15/98. Referred to Committee on Commerce & Labor.
AN ACT Relating to expanding membership of the electrical board; amending RCW 19.28.065; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds and declares:
(1) The electrical board is directed under current law to advise the director of the department of labor and industries on the enforcement of chapter 19.28 RCW, to consider proposed amendments and repeals of rules and make recommendations on rules to the director of the department, and to serve as an appellate body with respect to citations issued for alleged violations of chapter 19.28 RCW.
(2) Chapter 19.28 RCW covers electrical wires, equipment, and installations in, on, or about buildings. Other wires, equipment, and installations are subject to chapter 19.29 RCW. Increasingly, the electrical board is being asked for advice in cases where the boundary of chapter 19.28 RCW is an issue.
(3) The current composition of the electrical board reflects its focus on chapter 19.28 RCW. This composition does not afford the board adequate representation of persons who are expert in matters not covered by the chapter and makes it difficult for the board to properly determine the boundaries of the chapter. Therefore, it is the intent of the legislature that the membership of the electrical board be expanded to balance the representation of all affected parties and to improve the board's expertise on the scope of chapter 19.28 RCW.
Sec. 2. RCW 19.28.065 and 1988 c 81 s 4 are each amended to read as follows:
(1)
There is hereby created an electrical board, consisting of ((ten)) eleven
members to be appointed by the governor with the advice of the director of
labor and industries as ((herein)) provided in this section. It
shall be the purpose and function of the board to advise the director on all
matters pertaining to the enforcement of this chapter including, but not
limited to standards of electrical installation, minimum inspection procedures,
and the adoption of rules ((and regulations)) pertaining to the
electrical inspection division((: PROVIDED,)). However,
((That)) no rules ((or regulations)) shall be amended or repealed
until the electrical board has first had an opportunity to consider any
proposed amendments or repeals and had an opportunity to make recommendations
to the director relative thereto.
(2) The members of the electrical board shall be selected and appointed as follows:
(a)
One member shall be an employee or officer of a ((corporation or public
agency generating or)) business engaged in distributing electric
power owned by an investor-owned electric company;
(b) One member shall be an employee or officer of a business engaged in distributing electric power owned by a city, public utility district, or cooperative or mutual corporation;
((three))
(c) Two members shall be licensed electrical contractors((:
PROVIDED, That)). However, one of these members may be a
representative of a trade association in the electrical industry;
(d) One member shall be an employee, or officer, or representative of a corporation or firm engaged in the business of manufacturing or distributing electrical materials, equipment, or devices;
(e)
One member shall be a person with knowledge of the electrical industry, not
related to the electrical industry, to represent the public. However, this
person shall not be, nor should have ever been: (i) A licensed electrical
contractor, or an employee thereof; (ii) a certified electrician; (iii) a
utility employee; or (iv) an outside lineman; ((three))
(f)
Two members shall be certified electricians; ((and))
(g) One member shall be a licensed professional electrical engineer qualified to do business in the state of Washington. However, this person shall not be, nor should have ever been: (i) A licensed electrical contractor, or an employee thereof; (ii) a certified electrician; (iii) a utility employee; or (iv) an outside lineman; and
(h) Two members shall be outside linemen.
(3)
The regular term of each member shall be four years((: PROVIDED,)).
However, the original board shall be appointed on June 9, 1988((,
for the following terms: The first term of the member representing a corporation
or public agency generating or distributing electric power shall serve four
years; two members representing licensed electrical contractors shall serve
three years; the member representing a manufacturer or distributor of
electrical equipment or devices shall serve three years; the member
representing the public and one member representing licensed electrical
contractors shall serve two years; the three members selected as certified
electricians shall serve for terms of one, two, and three years, respectively;
the member selected as the licensed professional electrical engineer shall
serve for one year. In appointing the original board, the governor shall give
due consideration to the value of continuity in membership from predecessor
boards)). ((Thereafter,)) The first term of the new membership
positions created by chapter . . ., Laws of 1998 (this act) shall be
as follows: (a) The first term for the one additional electric utility member
shall be for a term of four years; and (b) the first term for the two outside
linemen shall be for terms of two and three years, respectively. The governor
shall appoint the additional new members within ninety days of the effective
date of this act. The governor shall remove members as required by chapter
. . ., Laws of 1998 (this act) within ninety days of the effective
date of this act.
(4) The governor shall appoint or reappoint board members for terms of four years and to fill vacancies created by the completion of the terms of the original members and the new members appointed under chapter . . ., Laws of 1998 (this act). The governor shall also fill vacancies caused by death, resignation, or otherwise for the unexpired term of such members by appointing their successors from the same business classification. The same procedure shall be followed in making such subsequent appointments as is provided for the original appointments and the additional appointments made under chapter . . ., Laws of 1998 (this act).
(5)
The board, at ((this)) its first meeting after the enactment
of chapter . . ., Laws of 1998 (this act) shall elect one of its
members to serve as ((chairman)) chair. Any person acting as the
chief electrical inspector shall ((serve as secretary of)) provide
staff assistance to the board during his or her tenure as chief
state inspector. Meetings of the board shall be held at least quarterly in
accordance with a schedule established by the board. Each member of the board
shall receive compensation in accordance with RCW 43.03.240 and shall be
reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060
which shall be paid out of the electrical license fund, upon vouchers approved
by the director of labor and industries.
(6) Any rule that had been considered by the electrical board in accordance with this section after January 1, 1998, and adopted by the department before ninety days after the effective date of this act is null and void. The electrical board shall not consider any rule, or make any recommendation thereon, until ninety days after the effective date of this act.
--- END ---