BILL REQ. #:  H-0168.1 

Prefiled 12/30/2002. Read first time 01/13/2003.   Referred to Committee on Technology, Telecommunications & Energy.

     AN ACT Relating to utility relocation costs; and amending RCW 81.112.100.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 81.112.100 and 1992 c 101 s 10 are each amended to read as follows:
     (1) An authority shall have and exercise all rights with respect to the construction, acquisition, maintenance, operation, extension, alteration, repair, control and management of high capacity transportation system facilities that are identified in the system plan developed pursuant to RCW 81.104.100 that any city, county, county transportation authority, metropolitan municipal corporation, or public transportation benefit area within the authority boundary has been previously empowered to exercise and such powers shall not thereafter be exercised by such agencies without the consent of the authority. Nothing in this chapter shall restrict development, construction, or operation of a personal rapid transit system by a city or county.
     (2) If utility facilities must be removed or relocated as a result of the construction, alteration, repair, or improvement of a rail fixed guideway system as defined in RCW 81.104.015, the costs of the removal or relocation must be included in the costs of the system and paid by the authority. However, any additional costs associated with the upgrade of any existing utility facility that the utility elects to undertake must be paid by the utility. The authority and each affected utility shall negotiate on the engineering, design, and route selection of the system in order to minimize cost and disruption of services related to relocation of utility facilities. For purposes of this subsection, "utility facilities" include, but are not limited to, cable television, gas, electric, and telecommunications facilities.
     (3) If there is a dispute over costs, the costs will be submitted to an independent auditor agreed to by the parties. That auditor will determine if the costs were accurate and the auditor's decision will be final. The cost of the auditor must be paid by the party requesting the audit.
     (4) An authority may adopt, in whole or in part, and may complete, modify, or terminate any planning, environmental review, or procurement processes related to the high capacity transportation system that had been commenced by a joint regional policy committee or a city, county, county transportation authority, metropolitan municipality, or public transportation benefit area prior to the formation of the authority.