HOUSE BILL REPORT

HB 1661

BYRepresentatives Hine, G. Fisher, Valle and Heavey

Regulating the placement of electrical facilities.

House Committe on Local Government

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (14)

      Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Ferguson, Ranking Republican Member; Horn, Nealey, Nelson, Nutley, Phillips, Raiter, Rayburn, Todd, Wolfe, Wood and Zellinsky.

House Staff:Steve Lundin (786-7127)

AS REPORTED BY COMMITTEE ON LOCAL GOVERNMENT FEBRUARY 22, 1989

BACKGROUND:

The legislative authority of a city or town may grant the authority to construct, maintain and operate electrical power transmission lines, and related poles and wires, upon, over, along, and across its streets.

The legislative authority of a county may grant the authority to construct, maintain and operate electrical power transmission lines, and related poles and wires, upon, over, along, and across its roads.  The county legislative authority must hold a hearing on a proposal for such use of its roads. Provisions are made for posting notices of the hearing in the county seat, and publishing notices in the official county newspaper.

Any person or corporation constructing, crossing or operating a transmission line on or along a county road is liable to the county for all necessary expenses incurred in restoring the county road to a suitable condition for travel.

Counties, cities, and towns are authorized to plan and zone.

SUMMARY:

SUBSTITUTE BILL:  It is clarified that a grant of franchise to locate an electrical transmission line on a right-of-way includes placing such lines under the right-of-way.

A city or town legislative authority must hold a hearing on the proposal to grant a franchise for locating electrical transmission lines on its streets, in the same manner as a county legislative authority must hold a hearing on the proposal to grant a franchise for locating electrical transmission lines on its roads.

Notice of the hearing by a county, city or town legislative authority on the granting of such a franchise must be posted conspicuously on the road or street which is sought for the franchise, with at least one posted notice for each mile of the road or street that is sought for the franchise.

Any person or corporation constructing the crossing or operating the transmission line on or along a city or town street is liable to the city or town for all necessary expenses incurred in restoring the street to a suitable condition for travel.

An electrical substation may be located within a city or town only if a special or conditional use permit has been granted by the city or town for the substation.  An electrical substation may be located within the unincorporated area of a county only if a special or conditional use permit has been granted by the county for the substation.  A public hearing on the proposed location of a substation must be held by the county, city, or town, with notice being posted at least five conspicuous places near the proposed location for the electrical substation.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  (1) A common term is used for the governing bodies of counties, cities and towns; (2) it is clarified that county rights-of-way are called roads and city or town rights-of-way are called streets; (3) the posting requirements for a hearing on the granting of a franchise is limited to at least one notice per mile of right-of-way that is sought for a franchise.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Representative Lorraine Hine, Prime Sponsor.

House Committee - Testified Against:      Tom Mortimer, Washington Public Utility Districts Association; and Mike Tracy, Puget Sound Electric Company.

House Committee - Testimony For:    Citizens need notice for the approval of such facilities. Cities should be required to hold a hearing on the granting of franchises.  The number of posted notices of such hearings is reduced from one per 1,000 feet of right-of-way, to one per mile of right-of-way.

House Committee - Testimony Against:      Public utility districts are responsive to the public.  The proposed requirement for a posted notice every 1,000 feet is too much.