SENATE BILL REPORT

SB 6703

BYSenators Benitz and Madsen

Changing provisions relating to underground facilities.

Senate Committee on Energy and Utilities

Senate Hearing Date(s):February 3, 1988; February 4, 1988

Majority Report:  That Substitute Senate Bill No. 6703 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Benitz, Chairman; Madsen, Nelson, Owen, Stratton, Williams.

Senate Staff:Paul Parker (786-7455)

                  February 4, 1988

AS REPORTED BY COMMITTEE ON ENERGY & UTILITIES, FEBRUARY 4, 1988

BACKGROUND:

Utilities have primary responsibility for marking underground utilities.  Excavators are responsible for determining the placement of underground facilities before digging and are required to use reasonable care to avoid damaging underground facilities.  Where damage occurs as a result of failure to comply with statutory duties imposed on utilities and excavators, under Chapter 19.122 RCW, the party that failed to perform its duty is liable for damages.  Common law remedies for personal injury or for property are allowed.

SUMMARY:

Where available, owners of underground facilities are required to subscribe to a one-number locator service. Excavators who comply with Chapter 19.122 RCW are not liable for damages other than the cost to repair the facility.

EFFECT OF PROPOSED SUBSTITUTE:

Excavators who comply with Chapter 19.122 RCW also are not liable for damages other than those which can be assessed against the owner of the facility.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Bill O'Neill, AGC (for); Dick Ducharme, Utility Contractors Association of Washington (for)