State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/24/11.
AN ACT Relating to underground utilities; amending RCW 19.122.010, 19.122.020, 19.122.027, 19.122.030, 19.122.033, 19.122.035, 19.122.040, 19.122.050, 19.122.070, 19.122.075, 19.122.080, 19.122.100, and 19.122.110; adding new sections to chapter 19.122 RCW; prescribing penalties; providing an effective date; and providing expiration dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 19.122.010 and 1984 c 144 s 1 are each amended to read
as follows:
It is the intent of the legislature in enacting this chapter to
((assign responsibilities for locating and keeping accurate records of
utility locations, protecting and repairing damage to existing
underground facilities, and protecting the public health and safety))
protect public health and safety and to prevent the disruption of vital
services by establishing a comprehensive damage prevention program for
transfer pipelines, transmission pipelines, and underground facilities.
Additionally, the legislature intends to establish authority to enforce
the law, assign responsibilities for locating and keeping accurate
records of underground facilities' locations, protect and repair damage
to existing underground facilities, and protect public health and
safety from interruption in utility services caused by damage to
existing underground utility facilities.
Sec. 2 RCW 19.122.020 and 2007 c 142 s 9 are each amended to read
as follows:
((Unless the context clearly requires otherwise,)) The definitions
in this section apply throughout this chapter((:)) unless the context
clearly requires otherwise.
(1) "Business day" means any day other than Saturday, Sunday, or a
legal local, state, or federal holiday.
(2) "Damage" includes the substantial weakening of structural or
lateral support of an underground facility, penetration, impairment, or
destruction of any underground protective coating, housing, or other
protective device, or the severance, partial or complete, of any
underground facility to the extent that the project owner or the
affected utility owner determines that repairs are required.
(3) "Emergency" means any condition constituting a clear and
present danger to life or property, or a customer service outage.
(4) "Excavation" and "excavate" means any operation, including the
installation of signs, in which earth, rock, or other material on or
below the ground is moved or otherwise displaced by any means((, except
the tilling of soil less than twelve inches in depth for agricultural
purposes, or road and ditch maintenance that does not change the
original road grade or ditch flowline)). "Excavation" and "excavate"
does not include:
(a) The tilling of soil less than twelve inches in depth for
agricultural purposes;
(b) Road maintenance that does not involve excavation below the
original road grade and ditch maintenance that does not involve
excavation below the original ditch flowline or alter the original
ditch horizontal alignment. Road maintenance activities are still
required to notify a facility operator under RCW 19.122.050;
(c) Bar holes created by hand-operated equipment during emergency
leak investigations; or
(d) Bar holes less than twelve inches in depth.
(5) "Excavation confirmation code" means a code or ticket issued by
the one-number locator service for the site where an excavation is
planned. The code must be accompanied by the date and time it was
issued.
(6) "Excavator" means any person who engages directly in
excavation.
(7) "Gas" means natural gas, flammable gas, or toxic or corrosive
gas.
(8) "Hazardous liquid" means: (a) Petroleum, petroleum products,
or anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195
as in effect on March 1, 1998; and (b) carbon dioxide. The utilities
and transportation commission may by rule incorporate by reference
other substances designated as hazardous by the secretary of
transportation.
(9) "Identified facility" means any underground facility which is
indicated in the project plans as being located within the area of
proposed excavation.
(10) "Identified but unlocatable underground facility" means an
underground facility which has been identified but cannot be located
with reasonable accuracy.
(11) "Locatable underground facility" means an underground facility
which can be field-marked with reasonable accuracy.
(12) "Marking" means the use of stakes, paint, or other clearly
identifiable materials to show the field location of underground
facilities, in accordance with the current color code standard of the
American public works association. Markings shall include
identification letters indicating the specific type of the underground
facility.
(13) "Notice" or "notify" means contact in person or by telephone
or other electronic methods that results in the receipt of a valid
excavation confirmation code.
(14) "One-number locator service" means a service through which a
person can notify utilities and request field-marking of underground
facilities.
(15) (("Operator" means the individual conducting the excavation.)) "Person" means an individual, partnership, franchise holder,
association, corporation, a state, a city, a county, or any subdivision
or instrumentality of a state, and its employees, agents, or legal
representatives.
(16)
(((17))) (16) "Pipeline" or "pipeline system" means all or parts of
a pipeline facility through which hazardous liquid or gas moves in
transportation, including, but not limited to, line pipe, valves, and
other appurtenances connected to line pipe, pumping units, fabricated
assemblies associated with pumping or compressor units, metering and
delivery stations and fabricated assemblies therein, and breakout
tanks. "Pipeline" or "pipeline system" does not include process or
transfer pipelines.
(((18))) (17) "Pipeline company" means a person or entity
constructing, owning, or operating a pipeline for transporting
hazardous liquid or gas. A pipeline company does not include: (a)
Distribution systems owned and operated under franchise for the sale,
delivery, or distribution of natural gas at retail; or (b) excavation
contractors or other contractors that contract with a pipeline company.
(((19))) (18) "Reasonable accuracy" means location within twenty-four inches of the outside dimensions of both sides of an underground
facility.
(((20))) (19) "Transfer pipeline" means a buried or aboveground
pipeline used to carry hazardous liquid between a tank vessel or
transmission pipeline and the first valve inside secondary containment
at the facility provided that any discharge on the facility side of
that first valve will not directly impact waters of the state. A
transfer pipeline includes valves, and other appurtenances connected to
the pipeline, pumping units, and fabricated assemblies associated with
pumping units. A transfer pipeline does not include process pipelines,
pipelines carrying ballast or bilge water, transmission pipelines, or
tank vessel or storage tanks.
(((21))) (20) "Transmission pipeline" means a pipeline that
transports hazardous liquid or gas within a storage field, or
transports hazardous liquid or gas from an interstate pipeline or
storage facility to a distribution main or a large volume hazardous
liquid or gas user, or operates at a hoop stress of twenty percent or
more of the specified minimum yield strength.
(((22))) (21) "Underground facility" means any item buried or
placed below ground for use in connection with the storage or
conveyance of water, sewage, electronic, telephonic or telegraphic
communications, cablevision, electric energy, petroleum products, gas,
gaseous vapors, hazardous liquids, or other substances and including
but not limited to pipes, sewers, conduits, cables, valves, lines,
wires, manholes, attachments, and those parts of poles or anchors below
ground. This definition does not include pipelines as defined in
subsection (((17))) (16) of this section, but does include distribution
systems owned and operated under franchise for the sale, delivery, or
distribution of natural gas at retail.
(22) "Bar hole" means a hole made in the soil or pavement with a
bar for the specific purpose of testing the subsurface atmosphere with
a combustible gas indicator.
(23) "End user" means any utility customer, including any public,
commercial, or private consumer of facility operator underground
facilities.
(24) "Equipment operator" means the individual conducting the
excavation.
(25) "Facility operator" means any person with control over
underground facilities. "Facility operator" includes any person having
the legal right to place underground facilities in a public right-of-way or in any utility easement. A person or entity is not considered
a facility operator of an independently owned underground facility
operated within the person's or entity's right-of-way or utility
easement.
(26) "Large project" means a project that exceeds seven hundred
linear feet.
(27) "Service lateral" means an underground facility, including
water service, that originates at the connection of a facility
operator's system and terminates at or on the end user's property line.
A service lateral may be owned by the end user or facility operator.
(28) "Sewer lateral" means a facility operator's end user service
line that transports wastewater from one or more building units or
commercial facilities on the end user's property line to the point of
connection to a facility operator sewer system. A sewer lateral may
be owned by the end user or facility operator.
(29) "Sewer system owner or operator" means the owner or operator
of a sewer system. Sewer systems are considered to the end user's
property line for locating purposes only.
(30) "Unlocatable underground facility" means, subject to the
provisions of RCW 19.122.030(5), an underground facility that cannot be
field-marked with reasonable accuracy using best available information
to designate the location of underground facilities. "Unlocatable
underground facility" includes, but is not limited to, sewer laterals,
storm drains, and nonconductive and nonmetallic underground facilities
that do not contain trace wires.
(31) "Commission" means the utilities and transportation
commission.
(32) "Utility coordinating council" means a statewide, nonprofit
entity incorporated to reduce damages to underground facilities as well
as above ground facilities through cooperation, coordination, and by
promoting safe excavation practices.
Sec. 3 RCW 19.122.027 and 2005 c 448 s 2 are each amended to read
as follows:
(1) The utilities and transportation commission shall cause to be
established a single statewide toll-free telephone number to be used
for referring excavators to the appropriate one-number locator service.
(2) The utilities and transportation commission, in consultation
with the Washington utilities coordinating council, shall establish
minimum standards and best management practices for one-number locator
services.
(3) One-number locator services shall be operated by
nongovernmental agencies.
(4) All facility operators within a one-number locator service area
must subscribe to the service.
(5) Failure to subscribe to the one-number locator service
constitutes willful intent to avoid compliance with this chapter.
Sec. 4 RCW 19.122.030 and 2000 c 191 s 17 are each amended to
read as follows:
(1) Before commencing any excavation, excluding agriculture tilling
less than twelve inches in depth, the excavator shall provide notice of
the scheduled commencement of excavation to all owners of underground
facilities through a one-number locator service.
(a) The notice must be provided to the one-number locator service
not less than two business days or more than ten business days before
the scheduled date for commencement of excavation, unless otherwise
agreed to by the parties.
(b) Prior to providing notice, the boundary of the area where the
excavation will be performed must be indicated by the application of
white paint on the ground at the excavation site, unless doing so is
unfeasible, in which case the excavator must communicate directly with
the affected facility operator or operators to ensure the area of
excavation has been accurately identified.
(c) If an excavator intends to perform work at multiple sites or
the project is a large project, the excavator must take reasonable
steps to work with facility operators so that facility operators can
locate their facilities at a time reasonably in advance of the actual
start of excavation for each phase of the work.
(2) ((All owners of underground facilities within a one-number
locator service area shall subscribe to the service. One-number
locator service rates for cable television companies will be based on
the amount of their underground facilities. If no one-number locator
service is available, notice shall be provided individually to those
owners of underground facilities known to or suspected of having
underground facilities within the area of proposed excavation. The
notice shall be communicated to the owners of underground facilities
not less than two business days or more than ten business days before
the scheduled date for commencement of excavation, unless otherwise
agreed by the parties.)) Upon receipt of the notice provided for in this section, the
facility operator shall provide the excavator with reasonably accurate
information as to its locatable underground facilities by marking the
location of the facilities. If there are identified but unlocatable
underground facilities, the facility operator responsible for the
facilities must provide the excavator with the best available
information as to the location of the underground facilities. The
facility operator providing the information must respond no later than
two business days after the receipt of the notice or before the
excavation time, at the option of the facility operator, unless
otherwise agreed by the parties. Excavators shall not excavate until
all known facilities have been marked. Once marked by the facility
operator, the excavator is responsible for maintaining the accuracy of
the original markings for the lesser of forty-five calendar days from
the date notice was provided to the one-number locator service or the
life of the project. Markings expire forty-five calendar days from the
date notice was provided to the one-number locator service. For
excavation occurring more than forty-five calendar days from the date
notice was provided to the one-number locator service, a second notice
must be provided in accordance with the provisions of subsection (1) of
this section. Excavators that make repeated calls for relocates
because of their failure to maintain the marks may be charged for
services provided. Excavators are entitled to recover compensation
from the facility operator for costs incurred if the facility operator
does not locate its facilities in accordance with this section.
(3) Upon receipt of the notice provided for in this section, the
owner of the underground facility shall provide the excavator with
reasonably accurate information as to its locatable underground
facilities by surface-marking the location of the facilities. If there
are identified but unlocatable underground facilities, the owner of
such facilities shall provide the excavator with the best available
information as to their locations. The owner of the underground
facility providing the information shall respond no later than two
business days after the receipt of the notice or before the excavation
time, at the option of the owner, unless otherwise agreed by the
parties. Excavators shall not excavate until all known facilities have
been marked. Once marked by the owner of the underground facility, the
excavator is responsible for maintaining the markings. Excavators
shall have the right to receive compensation from the owner of the
underground facility for costs incurred if the owner of the underground
facility does not locate its facilities in accordance with this
section.
(4) The owner of the underground facility shall have the right to
receive compensation for costs incurred in responding to excavation
notices given less than two business days prior to the excavation from
the excavator.
(5) An owner of underground facilities is not required to indicate
the presence of existing service laterals or appurtenances if the
presence of existing service laterals or appurtenances on the site of
the construction project can be determined from the presence of other
visible facilities, such as buildings, manholes, or meter and junction
boxes on or adjacent to the construction site.
(6) Emergency excavations are exempt from the time requirements for
notification provided in this section.
(7) If the excavator, while performing the contract, discovers
underground facilities which are not identified, the excavator shall
cease excavating in the vicinity of the facility and immediately notify
the owner or operator of such facilities, or the one-number locator
service.
(3) The facility operator is entitled to recover compensation from
the excavator for costs incurred in responding to excavation notices
given less than two business days prior to the excavation.
(4) To assist in designating service, water, or sewer laterals, the
facility operator or sewer system owner or operator shall designate a
proposed excavation location by:
(a) Marking the location of service, water, or sewer laterals in
accordance with the procedures in subsection (2) of this section; or
(b) If a service, water, or sewer lateral is unlocatable, marking
within the proposed excavation area that there is an unlocatable
service, water, or sewer lateral.
(5) Facility operators, water, and sewer system owners or operators
must indicate the presence of service or sewer laterals only to the
extent that they exist within a right-of-way or easement. This
assistance does not constitute ownership or operation of service
laterals or sewer laterals by the facility operator or sewer system
owner or operator. Service or sewer laterals existing on private
property are the responsibility of the property owner. Nothing in this
section may be interpreted to require property owners to subscribe to
the one-number locator service or to locate service laterals within a
right-of-way or easement. Good faith compliance with the provisions of
this subsection in response to a locate request constitutes full
compliance with this chapter, and no person may be found liable to any
party for damages or injuries as a result of performing in compliance
with the requirements of this subsection.
(6) Emergency excavations are exempt from the time requirements for
notification provided in this section. For emergency bar holing twelve
or more inches in depth, reasonable measures must be taken to eliminate
electrical arc hazards.
(7) If the excavator discovers underground facilities that are not
identified in plans or contract documents, the excavator shall cease
excavating in the vicinity of the facility and immediately notify the
facility operator or the one-number locator service. If the excavator
uncovers identified but unlocatable underground facilities, the
excavator shall notify the facility operator and the facility operator
must take action under subsection (8) of this section.
(8) Upon notification by an excavator or the one-number locator
service in accordance with subsection (7) of this section, a facility
operator must take action to allow for the accurate future location of
the uncovered portion of the underground facility identified by the
excavator. A facility operator may accept facility location
information from the excavator for the future marking of an underground
facility.
Sec. 5 RCW 19.122.033 and 2000 c 191 s 18 are each amended to
read as follows:
(1) Before commencing any excavation, excluding agricultural
tilling less than twelve inches in depth, an excavator shall notify
pipeline companies of the scheduled commencement of excavation through
a one-number locator service in the same manner as is required for
notifying owners of underground facilities of excavation work under RCW
19.122.030. Pipeline companies shall have the same rights and
responsibilities as owners of underground facilities under RCW
19.122.030 regarding excavation work. Excavators have the same rights
and responsibilities under this section as they have under RCW
19.122.030.
(2) Project owners, excavators, and pipeline companies have the
same rights and responsibilities relating to excavation near pipelines
that they have for excavation near underground facilities as provided
in RCW 19.122.040.
(3) The state or any of its political subdivisions undertaking or
permitting construction or excavation activity under chapter 19.27 RCW
within one hundred feet, or greater distance if defined by local
ordinance, of a right-of-way or easement that contains a transmission
pipeline must:
(a) Notify the transmission pipeline company of the proposed
construction activity before such a permit is approved; or
(b) Require consultation between the person proposing the
construction activity and the transmission pipeline company as a
condition of receiving the permit.
Sec. 6 RCW 19.122.035 and 2000 c 191 s 19 are each amended to
read as follows:
(1) After a pipeline company has been notified by an excavator
pursuant to RCW 19.122.033 that excavation work will uncover any
portion of the pipeline, the pipeline company shall ensure that the
pipeline section in the vicinity of the excavation is examined for
damage prior to being reburied.
(2) Immediately upon receiving information of third-party damage to
a hazardous liquid pipeline, the company that operates the pipeline
shall terminate the flow of hazardous liquid in that pipeline until it
has visually inspected the pipeline. After visual inspection, the
((operator of the hazardous liquid)) pipeline company shall determine
whether the damaged pipeline section should be replaced or repaired, or
whether it is safe to resume pipeline operation. Immediately upon
receiving information of third-party damage to a gas pipeline, the
((company that operates the)) pipeline company shall conduct a visual
inspection of the pipeline to determine whether the flow of gas through
that pipeline should be terminated, and whether the damaged pipeline
should be replaced or repaired. A record of the pipeline company's
inspection report and test results shall be provided to the utilities
and transportation commission consistent with reporting requirements
under 49 C.F.R. 195 Subpart B.
(3) Pipeline companies shall immediately notify local first
responders and the department of any reportable release of a hazardous
liquid from a pipeline. Pipeline companies shall immediately notify
local first responders and the commission of any blowing gas leak from
a gas pipeline that has ignited or represents a probable hazard to
persons or property. Pipeline companies shall take all appropriate
steps to ensure the public safety in the event of a release of
hazardous liquid or gas under this subsection.
(4) No damaged pipeline may be buried until it is repaired or
relocated. The pipeline company shall arrange for repairs or
relocation of a damaged pipeline as soon as is practical or may permit
the excavator to do necessary repairs or relocation at a mutually
acceptable price.
Sec. 7 RCW 19.122.040 and 1984 c 144 s 4 are each amended to read
as follows:
(1) Project owners shall indicate in bid or contract documents the
existence of underground facilities known by the project owner to be
located within the proposed area of excavation. The following shall be
deemed changed or differing site conditions:
(a) An underground facility not identified as required by this
chapter or other provision of law; ((and)) or
(b) An underground facility not located, as required by this
chapter or other provision of law, by the project owner, facility
operator, or excavator if the project owner or excavator is also a
((utility)) facility operator.
(2) An excavator shall use reasonable care to avoid damaging
underground facilities. An excavator shall:
(a) Determine the precise location of underground facilities which
have been marked;
(b) Plan the excavation to avoid damage to or minimize interference
with underground facilities in and near the excavation area; and
(c) Provide such support for underground facilities in and near the
construction area, including during backfill operations, as may be
reasonably necessary for the protection of such facilities.
(3) If an underground facility is damaged and such damage is the
consequence of the failure to fulfill an obligation under this chapter,
the party failing to perform that obligation shall be liable for any
damages. Any clause in an excavation contract which attempts to
allocate liability, or requires indemnification to shift the economic
consequences of liability, different from the provisions of this
chapter is against public policy and unenforceable. Nothing in this
chapter prevents the parties to an excavation contract from contracting
with respect to the allocation of risk for changed or differing site
conditions.
(4) In any action brought under this section, the prevailing party
is entitled to reasonable attorneys' fees.
Sec. 8 RCW 19.122.050 and 1984 c 144 s 5 are each amended to read
as follows:
(1) An excavator who, in the course of excavation, contacts or
damages an underground facility shall notify the ((utility owning or
operating such)) facility operator and the one-number locator service,
and report the damage as required under section 18 of this act. If the
damage causes an emergency condition, the excavator causing the damage
shall also alert the appropriate local public safety agencies and take
all appropriate steps to ensure the public safety. No damaged
underground facility may be buried until it is repaired or relocated.
(2) ((The owner of the underground facilities damaged)) A facility
operator notified in accordance with subsection (1) of this section
shall arrange for repairs or relocation as soon as is practical or may
permit the excavator to do necessary repairs or relocation at a
mutually acceptable price.
Sec. 9 RCW 19.122.070 and 2005 c 448 s 4 are each amended to read
as follows:
(1) Any person who violates any provision of this chapter not
amounting to a violation of RCW 19.122.055((, and which violation
results in damage to underground facilities,)) is subject to a civil
penalty of not more than one thousand dollars for ((each violation.
All penalties recovered in such actions shall be deposited in the
general fund)) an initial violation, and not more than five thousand
dollars for each subsequent violation within a three-year period. All
penalties recovered in such actions must be used for education and
training of excavators and facility operators regarding best practices
and compliance with this chapter. All penalties recovered in such
actions must be deposited into the damage prevention account created in
section 10 of this act.
(2) Any excavator who willfully or maliciously damages a field-marked underground facility shall be liable for treble the costs
incurred in repairing or relocating the facility. In those cases in
which an excavator fails to notify known underground facility
((owners)) operators or the one-number locator service, any damage to
the underground facility shall be deemed willful and malicious and
shall be subject to treble damages for costs incurred in repairing or
relocating the facility.
(3) This chapter does not affect any civil remedies for personal
injury or for property damage, including that to underground
facilities, nor does this chapter create any new civil remedies for
such damage.
NEW SECTION. Sec. 10 A new section is added to chapter 19.122
RCW to read as follows:
The damage prevention account is created in the custody of the
state treasurer. All receipts from those moneys directed by law or
directed by the utilities and transportation commission to be deposited
to the account must be deposited in the account. Expenditures from the
account may be used only for the purposes designated in section 11 of
this act. Only the utilities and transportation commission or the
commission's designee may authorize expenditures from the account. The
account is subject to allotment procedures under chapter 43.88 RCW, but
an appropriation is not required for expenditures.
NEW SECTION. Sec. 11 A new section is added to chapter 19.122
RCW to read as follows:
The utilities and transportation commission is authorized to use
money deposited in the damage prevention account created in section 10
of this act for the following purposes:
(1) To develop and disseminate educational programming designed to
improve worker and public safety as it relates to excavation and
underground facilities; and
(2) To provide grants to persons who have developed educational
programming that the utilities and transportation commission and the
safety committee created in section 16 of this act deem to be
appropriate for the purpose of improving worker and public safety as it
relates to excavation and underground facilities.
Sec. 12 RCW 19.122.075 and 2000 c 191 s 23 are each amended to
read as follows:
Any person who willfully damages or removes a permanent marking
used to identify an underground facility or pipeline, or a temporary
marking prior to its intended use, is subject to a civil penalty of not
more than one thousand dollars for ((each act)) an initial violation,
and not more than five thousand dollars for each subsequent violation
within a three-year period.
Sec. 13 RCW 19.122.080 and 1984 c 144 s 8 are each amended to
read as follows:
The notification and marking provisions of this chapter may be
waived for one or more designated persons by an underground facility
((owner)) operator with respect to all or part of that ((underground))
facility ((owner's)) operator's own underground facilities.
Sec. 14 RCW 19.122.100 and 2005 c 448 s 6 are each amended to
read as follows:
If charged with a violation of RCW 19.122.090, an equipment
operator will be deemed to have established an affirmative defense to
such charges if:
(1) The equipment operator was provided a valid excavation
confirmation code;
(2) The excavation was performed in an emergency situation;
(3) The equipment operator was provided a false confirmation code
by an identifiable third party; or
(4) Notice of the excavation was not required under this chapter.
Sec. 15 RCW 19.122.110 and 2005 c 448 s 7 are each amended to
read as follows:
Any person who intentionally provides an equipment operator with a
false excavation confirmation code is guilty of a misdemeanor.
NEW SECTION. Sec. 16 A new section is added to chapter 19.122
RCW to read as follows:
(1) For the purposes of establishing a dispute resolution service
under this chapter, the commission shall contract with a statewide,
nonprofit entity whose purpose is to reduce damages to underground
facilities as well as above ground facilities through cooperation,
coordination, and by promoting safe excavation practices.
(2) The contracting entity must create a safety committee to:
(a) Advise the commission and other state agencies, the
legislature, and local government agencies and officials on:
(i) Matters relating to best practices and training to prevent
damage to underground utilities; and
(ii) Policies to enhance worker and public safety and protection of
underground facilities; and
(b) Resolve disputes involving practices related to underground
facilities and possible violations of this chapter.
(3) The safety committee of the contracting entity consists of
thirteen members appointed in consultation with the commission to
staggered three-year terms and must consist of representatives of:
(a) Local governments;
(b) Owners and operators of hazardous liquid and gas pipelines;
(c) Contractors;
(d) Excavators;
(e) An investor-owned electric utility subject to regulation under
Title 80 RCW;
(f) A consumer-owned utility;
(g) A pipeline transportation company;
(h) The commission; and
(i) A telecommunications company.
(4) The safety committee may mediate disagreements among parties
involving practices related to underground facilities and possible
violations of this chapter.
(5) For the purposes of mediation, the safety committee shall
appoint at least three and no more than five members as mediators. The
mediators shall represent a balance of excavators, facility operators,
and the insurance industry, and must include at least one
representative of a pipeline company or natural gas distribution
company.
(6) The safety committee shall meet at least once every three
months.
(7) All members of the safety committee may participate fully in
the committee's meetings, activities, and deliberations and must
receive all notices and information related to committee business and
decisions in a timely manner.
(8) Any party may bring a complaint to the safety committee
regarding a violation of this chapter.
(9) This section expires December 31, 2020.
NEW SECTION. Sec. 17 A new section is added to chapter 19.122
RCW to read as follows:
The commission may enforce the civil penalties authorized in RCW
19.122.070 when a document is filed with the commission by the safety
committee created in section 16 of this act indicating that a violation
of this chapter has likely occurred.
NEW SECTION. Sec. 18 A new section is added to chapter 19.122
RCW to read as follows:
(1) Facility operators and excavators who observe or cause damage
to an underground facility must report the event to the commission.
(2)(a) Facility operators and excavators who observe or cause
damage must report whenever the event results in scrapes, gouges,
cracks, dents, or other visible damage to the utility, pipeline, or
cable casing or other external protection of any underground facility.
(b) A nonpipeline facility operator acting as their own excavator
or the facility operator's subcontractor who hits its own facilities is
not required to report that damage event.
(3) Reports must be made to the commission's office of pipeline
safety within forty-five days of the event, or sooner if required by
law using the commission's virtual private damage information reporting
tool (DIRT) report form or other similar form provided that the form
reports the following information:
(a) The name of the person submitting the report and whether the
person is an excavator, a representative of a one-number locator
service, or an underground facility operator;
(b) The date and time of the damage event;
(c) The address where the damage occurred;
(d) The type of right-of-way, including but not limited to: A city
street, state highway, or private easement;
(e) The type of underground facility damaged, including but not
limited to: Pipes, transmission pipelines, distribution lines, sewers,
conduits, cables, valves, lines, wires, manholes, attachments, or those
parts of poles or anchors below ground;
(f) The type of materials the underground facility stores or
conveys, including but not limited to: Water, sewage, electronic,
telephonic or telegraphic communications, cablevision, electric energy,
petroleum products, gas, gaseous vapors, hazardous liquids, or other
substances;
(g) The type of excavator, including but not limited to: A
contractor or facility operator;
(h) Excavation equipment used, including but not limited to: An
auger, bulldozer, backhoe, or hand tool;
(i) The type of work being performed, including but not limited to:
Drainage, grading, or landscaping;
(j) Whether a one-number locator service was notified before
excavation commenced and the one-number locator service ticket number
issued for the excavation, if a one-number locator service was
notified;
(k) Who performed the locate of the underground facility and the
company, locate service, or utility for whom the person performing the
locate is employed;
(l) Whether underground facility marks were visible in the area of
excavation before excavation commenced;
(m) Whether underground facilities were marked correctly;
(n) Whether an excavator experienced downtime as a result of the
damage;
(o) A description of the damage; and
(p) Whether the damage caused an interruption of service.
(4) The commission must use reported data to evaluate the
effectiveness of the damage prevention program.
NEW SECTION. Sec. 19 A new section is added to chapter 19.122
RCW to read as follows:
(1) After notice and an opportunity for a hearing, the utilities
and transportation commission may impose the penalties authorized by
RCW 19.122.055 and 19.122.070 on persons who violate this chapter with
respect to underground facilities of persons within its jurisdiction.
Before imposing a penalty authorized by RCW 19.122.070, the utilities
and transportation commission must seek and consider the recommendation
of the safety committee created in section 16 of this act.
(2) Any person aggrieved by any penalty imposed pursuant to this
section may seek judicial review pursuant to the administrative
procedure act, chapter 34.05 RCW.
(3) If a penalty imposed by the utilities and transportation
commission is not paid, the attorney general must, on behalf of the
commission, file a civil action in superior court to collect the
penalty.
(4) This section expires December 31, 2020.
NEW SECTION. Sec. 20 A new section is added to chapter 19.122
RCW to read as follows:
All penalties collected under section 19 of this act must be
deposited into the damage prevention account created under section 10
of this act.
NEW SECTION. Sec. 21 This act takes effect January 1, 2013.