H-1996 _______________________________________________
SUBSTITUTE HOUSE BILL NO. 1661
_______________________________________________
State of Washington 51st Legislature 1989 Regular Session
By House Committee on Local Government (originally sponsored by Representatives Hine, G. Fisher, Valle and Heavey)
Read first time 2/27/89.
AN ACT Relating to the location of electrical facilities; amending RCW 80.32.010; adding a new section to chapter 35.21 RCW; and adding a new section to chapter 36.32 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 80.32.010, chapter 14, Laws of 1961 as amended by section 62, chapter 469, Laws of 1985 and RCW 80.32.010 are each amended to read as follows:
The
legislative authority of the city or town having control of any public street
or road, or, where the street or road is not within the limits of any
incorporated city or town, then the county legislative authority of the county
wherein the road or street is situated, may grant authority for the
construction, maintenance and operation of transmission lines for transmitting
electric power, together with poles, wires and other appurtenances, upon, over,
under, along, and across any such public street or road, and in
granting this authority the legislative authority of the city or town, or the
county legislative authority, as the case may be, may prescribe the terms and
conditions on which the transmission line and its appurtenances, shall be
constructed, maintained and operated upon, over, under, along,
and across the road or street, and the grade or elevation at which the same
shall be constructed, maintained and operated((: PROVIDED, That)).
On
application being made to the county, city, or town legislative
authority, for such authority, the county, city, or town
legislative authority shall fix a time and place for hearing the same, and
shall cause ((the county auditor to give)) public notice thereof to
be given at the expense of the applicant, by: (1) Posting written
or printed notices ((in three public places in the county seat of the
county, and in at least one conspicuous place)) conspicuously on the
road or street or part thereof, for which application is made, with at least
one posted notice for each one mile of such road or street or part for which
application is made, at least fifteen days before the day fixed for such
hearing((,)); and (2) by publishing a like notice once a
week for two consecutive weeks in the official city, town, or county
newspaper, the last publication to be at least five days before the day fixed
for the hearing((, which)). Notices shall state the name
or names of the applicant or applicants, a description of the roads or streets
or parts thereof for which the application is made, and the time and place
fixed for the hearing.
The hearing
may be adjourned from time to time by order of the county, city, or town
legislative authority. If after such hearing the county, city, or town
legislative authority shall deem it to be for the public interest to grant the
authority in whole or in part, it may make and enter the proper order granting
the authority applied for or such part thereof as it deems to be for the public
interest, and shall require the transmission line and its appurtenances to be
placed in such location on or along the road or street as it finds will cause
the least interference with other uses of the road or street. In case any such
transmission line is or shall be located in part on private right of way, the
owner thereof shall have the right to construct and operate the same across any
((county)) road or ((county)) street which intersects the private
right of way, if the crossing is so constructed and maintained as to do no
unnecessary damage((: PROVIDED, That)).
Any
person or corporation constructing the crossing or operating the transmission
line on or along the ((county)) road or ((county)) street shall
be liable to the county, city, or town for all necessary expense
incurred in restoring the ((county)) road or ((county)) street to
a suitable condition for travel.
NEW SECTION. Sec. 2. A new section is added to chapter 35.21 RCW to read as follows:
An electrical substation may be located in a city or town only if a special or conditional use permit for the electrical substation has been issued by the city or town. The issuance of such a permit may be conditioned upon requirements and terms established by the city or town.
A public hearing on a proposed electrical substation shall be held by the city or town council, with notice being posted in at least five conspicuous places near the proposed location for the electrical substation.
NEW SECTION. Sec. 3. A new section is added to chapter 36.32 RCW to read as follows:
An electrical substation may be located in the unincorporated area of a county only if a special or conditional use permit for the electrical substation has been issued by the county. The issuance of such a permit may be conditioned upon requirements and terms established by the city or town.
A public hearing on a proposed electrical substation shall be held by the county legislative authority, with notice being posted in at least five conspicuous places near the proposed location for the electrical substation.