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 city or town council, or the county legislative authority, for such authority, the city or town council or county 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~~)) at least fifteen days before the day fixed for such hearing; (2) posting written or printed notices conspicuously on the road or street or part thereof, for which application is made, with at least one posted notice for each one thousand feet of such road or street or part for which application is made, at least fifteen days before the day fixed for such hearing((,)); and (3) 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 city or town council, or the county legislative authority. If after such hearing the city or town council, or county 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, or city or town street or road, shall be liable to the county, city, or town for all necessary expense incurred in restoring the county road or county street, or city or town street or road, 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.