BILL REQ. #:  S-3204.5 

Read first time .   Referred to .

     AN ACT Relating to utility relocation costs; and adding a new section to chapter 81.112 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 81.112 RCW to read as follows:
     (1) If an authority has a reimbursement agreement with a private utility provider for the costs associated with the relocation of utility facilities impacted by the construction, alteration, repair, or improvement of a regional transportation system, the authority shall make available substantially similar terms and conditions to all similarly impacted utilities.
     (2) Beginning July 1, 2008, if utility facilities must be 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 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.
     (3) The authority shall consult with each affected utility on the engineering, design, and route selection of the system to minimize cost and disruption of services related to the relocation of utility facilities. If there is a dispute over the relocation costs, the costs will be submitted to an independent auditor agreed to by the parties. The 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) For the purposes of this section:
     (a) "Utility facilities" include cable television, gas, electric, and telecommunications facilities; and
     (b) "Relocation" includes removal, adjustment, protection, restoration, and replacement.