BILL REQ. #:  H-3829.1 

Read first time 01/14/2004.   Referred to Committee on Technology, Telecommunications & Energy.

     AN ACT Relating to hours of service requirements for utilities during emergencies; and amending RCW 46.32.020.

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

Sec. 1   RCW 46.32.020 and 1993 c 403 s 3 are each amended to read as follows:
     (1) The chief of the Washington state patrol may adopt reasonable rules regarding types of vehicles to be inspected, inspection criteria, times for the inspection of vehicle equipment, drivers' qualifications, hours of service, and all other matters with respect to the conduct of vehicle equipment and driver inspections.
     (2)(a) For purposes of this subsection, the following definitions apply:
     (i) "Utility" means a public service company as defined in RCW 80.04.010, a public utility district, or a rural electric cooperative that is engaged in the business of distributing electricity to more than one retail electric customer in the state.
     (ii) "Utility contractor" means a person, firm, partnership, corporation, or other entity employed by a utility to provide relief assistance.
     (iii) "Relief assistance" means action taken to respond to a terrorism threat, to protect the health and safety of individuals, to protect against substantial loss of property, to protect the public health and safety, or to lessen or avert the consequences of catastrophe, severe weather, or other emergency.
     (b) Hours of service rules do not apply to a utility, its employees, its utility contractors, or the employees of its utility contractors in an emergency. An emergency exists if: (i) An agency of state or local government requests relief assistance from a utility to supplement the efforts and capabilities of the agency; or (ii) a utility identifies an occasion or instance in which relief assistance is needed. The utility must use due diligence in contacting state or local officials and coordinating its activity with state or local officials.
     (3) The chief of the Washington state patrol shall prepare and furnish such stickers, tags, record and report forms, stationery, and other supplies as shall be deemed necessary. The chief of the Washington state patrol is empowered to appoint and employ such assistants as he may consider necessary and to fix hours of employment and compensation.