SENATE BILL 5763
State of Washington 57th Legislature 2001 Regular Session
By Senators Horn, Oke, Winsley, Haugen and McDonald; by request of The Blue Ribbon Commission on Transportation
Read first time 02/01/2001. Referred to Committee on Transportation.
AN ACT Relating to franchises on state highways; and amending RCW 47.44.010, 47.44.020, and 47.44.050.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 47.44.010 and 1980 c 28 s 1 are each amended to read as follows:
department of transportation may grant franchises to persons, associations,
private or municipal corporations, the United States government, or any agency
thereof, to use any state highway for the construction and maintenance of water
pipes, flume, gas, oil or coal pipes, telephone, telegraph and electric light
and power lines and conduits, trams or railways, and any structures or
which)) that are part of an urban public
transportation system owned or operated by a municipal corporation, agency,
or department of the state of Washington other than the department of
transportation, and any other such facilities. In order to minimize the
disruption to traffic and damage to the roadway, the department is encouraged
to develop a joint trenching policy with other affected jurisdictions so that
all companies wishing to lay cable or who otherwise require access to ground
under the roadway may do so at one time.
applications for ((
such)) the franchise (( shall)) must
be made in writing and subscribed by the applicant, and (( shall))
describe the state highway or portion thereof over which franchise is desired
and the nature of the franchise. The application must also include the
identification of all jurisdictions affected by the franchise and the names of
other possible franchisees who should receive notice of the application for a
The department of transportation shall adopt rules providing for a hearing or
an opportunity for a hearing with reasonable public notice thereof with respect
to any franchise application involving the construction and maintenance of
utilities or other facilities within the highway right of way which the
department determines may ((
(1))) (a) during construction,
significantly disrupt the flow of traffic or use of driveways or other
facilities within the right of way, or (( (2))) (b) during or
following construction, cause a significant and adverse effect upon the
Sec. 2. RCW 47.44.020 and 1980 c 28 s 2 are each amended to read as follows:
(1) If the department of transportation deems it to be for the public interest, the franchise may be granted in whole or in part, with or without hearing under such regulations and conditions as the department may prescribe, with or without compensation, but not in excess of the reasonable cost for investigating, handling, and granting the franchise. The department may require that the utility and appurtenances be so placed on the highway that they will, in its opinion, least interfere with other uses of the highway.
(2) If a hearing
is held, it ((
shall)) must be conducted by the department, and
may be adjourned from time to time until completed. The applicant may be
required to produce all facts pertaining to the franchise, and evidence may be
taken for and against granting it.
(3) The facility
shall)) must be made subject to removal when necessary for the
construction, alteration, repair, or improvement of the highway and at the
expense of the franchise holder, except that the state shall pay the cost of (( such))
the removal whenever the state (( shall be)) is entitled to
receive proportionate reimbursement therefor from the United States in the
cases and in the manner set forth in RCW 47.44.030. Renewal upon expiration of
a franchise (( shall)) must be by application.
(4) A person constructing or operating such a utility on a state highway is liable to any person injured thereby for any damages incident to the work of installation or the continuation of the occupancy of the highway by the utility, and except as provided above, is liable to the state for all necessary expenses incurred in restoring the highway to a permanent suitable condition for travel. A person constructing or operating such a utility on a state highway is also liable to the state for all necessary expenses incurred in inspecting the construction and the pavement restoration process used in restoring the highway to a permanent suitable condition for travel. Franchise holders are also financially responsible to the department for trenching work not completed within the contractual period and for compensating for the loss of useful pavement life caused by trenching. No franchise may be granted for a longer period than fifty years, and no exclusive franchise or privilege may be granted.
Sec. 3. RCW 47.44.050 and 1984 c 7 s 237 are each amended to read as follows:
is empowered to)) may grant a permit to construct or
maintain on, over, across, or along any state highway any water, gas,
telephone, telegraph, light, power, or other such facilities when they do not
extend along the state highway for a distance greater than three hundred feet.
The department may require such information as it deems necessary in the
application for any such permit, and may grant or withhold the permit within
its discretion. The permit holder is financially responsible to the
department for trenching work not completed within the period of the permit and
for compensating for the loss of useful pavement life caused by trenching.
Any permit granted may be canceled at any time, and any facilities remaining
upon the right of way of the state highway after thirty days written notice of
the cancellation (( is [are])) are an unlawful obstruction and may
be removed in the manner provided by law.
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