Read first time 01/22/09.   Referred to Committee on Technology, Energy & Communications.

     AN ACT Relating to notice of relocation of utility facilities; and adding a new section to chapter 80.04 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 80.04 RCW to read as follows:
     (1) If a public agency is planning a project that may require a utility facility operator to relocate its utility facilities in or along the right-of-way, the public agency shall notify each affected utility facility operator as soon as is practicable and include the affected utility facility operator in a preliminary design meeting during the design phase. The notice must provide information concerning: (a) The proposed project design; and (b) proposed dates of any required utility facility relocations.
     (2) During the preliminary design meeting, public agencies and affected utility facility operators shall review the impact of any proposed utility facility relocation and make reasonable efforts to avoid or minimize:
     (a) Factors which could cause delay of the project;
     (b) Relocation of existing utility facilities and associated costs; and
     (c) Costs to public agencies.
     (3) This section does not preempt specific provisions in existing franchises, permits, or contracts between public agencies and utility facility operators.
     (4) This section does not apply to the relocation of utility facilities in the event of an unforeseen emergency that creates an immediate threat to the public safety, health, or welfare.
     (5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Public agency" means the state, county, city, or any political subdivision of the state, which maintains ownership or control of the right-of-way.
     (b) "Utility facility" means any privately, publicly, or cooperatively owned equipment, facilities, or system for producing, transmitting, or distributing communications, cable television, power, electricity, gas, hazardous liquids, water, steam, or waste.