HOUSE BILL REPORT

SSB 5591

As Amended by the House

BYSenate Committee on Transportation (originally sponsored by Senators Patterson, DeJarnatt and Sellar; by request of Department of Transportation)

Prescribing penalties for unfranchised use of highway right-of-way.

House Committe on Transportation

Majority Report:  Do pass with amendments.  (21)

      Signed by Representatives Walk, Chair; Schmidt, Ranking Republican Member; Wood, Assistant Ranking Republican Member; Betrozoff, Cantwell, Day, R. Fisher, Gallagher, Hankins, Haugen, Heavey, Jones, R. Meyers, Patrick, Prince, Smith, D. Sommers, Todd, Walker, S. Wilson and Zellinsky.

House Staff:Louise Bray (786-7322)

AS PASSED HOUSE APRIL 12, 1989

BACKGROUND:

Existing law (Chapter 47.44 RCW) requires any public or private entity who wants to locate a utility on state highway right-of-way to obtain a franchise or permit from the Department of Transportation.  The department estimates there are approximately 100 violations a year.  Cable television and small utility companies appear to be the major violators.  Current law does not provide adequate penalties to deter use of state right-of-way by unauthorized utilities.

SUMMARY:

A civil penalty of $100 per calendar day is imposed beginning with the 45th calendar day following notice by certified mail of the statutory requirement to obtain a franchise or permit.  Notice is effective upon delivery by certified mail.

In the event the state determines that a facility constructed or maintained without a permit or franchise must be removed (and not granted a permit or franchise), the facility must be removed immediately upon notice.  Otherwise, removal of the facility after the 90th calendar day following the original notice may be ordered by the state.  If the facility is not removed, the state may remove it at the owner's expense.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Bob Schuster, Department of Transportation.

House Committee - Testified Against:      Terry Oxley, Puget Sound Power and Light.

House Committee - Testimony For:    Under current law it is illegal to place a utility across a state right of way without a permit, but enforcement authority is needed.

House Committee - Testimony Against:      Concerns were raised regarding the length of time necessary for obtaining a permit, under what circumstances the civil penalty would cease, and the attorney fees provision.