S-2238

AN ACT Relating to the right of utility facilities to be located on railroad rights-of-way; adding a new section to chapter 80.36 RCW; creating new sections; making an appropriation; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 80.36 RCW to read as follows:

(1) A moratorium is established on the imposition of new fees and fee increases by a railroad company upon a utility for the construction and placement of utility facilities in a railroad right-of-way, unless otherwise agreed to by the parties. Renewal of a previously imposed fee at the same rate is not prohibited by this section. During the period of the moratorium, railroad companies may not require utilities to remove utility facilities from the railroad right-of-way solely because of a dispute between the parties concerning compensation for placement of utility facilities in the railroad right-of-way. Unless otherwise agreed to by the parties, railroad companies may only require relocation of utility facilities within the railroad right-of-way when such facilities cause interference with railroad operations or create a safety hazard.

(2) For the purposes of this section: (a) "Utility facilities" means lines, conduits, ducts, poles, wires, pipes, conductors, cables, cross-arms, receivers, transmitters, transformers, instrumentalities, drains, channels, aqueducts, collection systems, and all devices, apparatus, and property used, operated, owned, or controlled by an electric utility, gas company, water utility, or sewer utility for the purposes of manufacturing, transmitting, transporting, distributing, selling, furnishing, or disposing of electricity, natural gas, water and sewage; and (b) "utility" means an electric utility, gas company, water utility, natural gas pipeline company, and sewer utility, including a metropolitan municipal corporation.

(3) The moratorium created by this section is in effect until December 31, 2000.

NEW SECTION. Sec. 2. (1) A task force is created to study and make recommendations on the following issues related to the siting of utility and telecommunications facilities on, over, under, and along railroad rights-of-way.

(a) How an easement, right, permit, or other form of permanent access can be established for utilities and telecommunications companies to construct and maintain utility and telecommunications facilities on, over, under, and along the railroad right-of-way;

(b) How a permanent easement can be created for utility and telecommunications facilities when a railroad abandons a rail right-of-way;

(c) What costs should a utility or telecommunications company pay to a railroad to reimburse the railroad for any expenses incurred by the railroad as a result of the construction of utility and telecommunications facilities in the railroad right-of-way;

(d) How much compensation, if any, should a utility or telecommunications company pay for locating utility or telecommunications facilities in the railroad right-of-way;

(e) What other costs or expenses, if any, should a utility or telecommunications company pay for locating utility or telecommunications facilities in the railroad right-of-way;

(f) What amount and scope of insurance should a railroad, utility, or telecommunications company have, if any, to indemnify the other for damages resulting from its own negligence;

(g) What kind of notification requirements should be required of utilities and telecommunications companies before constructing utility or telecommunications facilities in a railroad right-of-way;

(h) Under what conditions might it be necessary for a utility or telecommunications company to relocate utility or telecommunications facilities that are located in a railroad right-of-way; and

(i) What, if any mechanism should be created to resolve disputes between utilities, telecommunications companies, and railroads relative to the issues enumerated in this section.

(2) The task force shall be composed of thirteen members as follows:

(a) Nine members shall be appointed by the governor as follows: One person representing an electrical company or natural gas company, as defined under RCW 80.04.010; one person representing a municipal corporation, including public utility districts, that operates as a water or sewer utility; one person representing a cooperative association engaged in the business of distributing electricity within the state; one person representing telecommunications companies; two persons representing railroads that operate within and without the state; two people representing railroads that operate solely in the state; and one person representing the public at large, which could include a representative from the office of public counsel in the office of the attorney general. The public representative shall not be, or have ever been, an employee or agent of, or otherwise have a connection with a utility or railroad, other than as a consumer. The governor shall select one of these members to serve as chair of the task force; and

(b) Two members each from the senate and the house of representatives; one each from the two largest caucuses in each house including one member each from the senate and house transportation committees, one member from the house technology, telecommunications and energy committee, and one member from the senate energy, technology and telecommunications committee. The president of the senate shall appoint the two members from the senate and the co-speakers of the house of representatives shall appoint the two members from the house of representatives.

(3) The Washington utilities and transportation commission shall provide staff assistance to the task force.

(4) The task force shall complete its study and submit a report to the governor and the appropriate standing committees of the legislature by December 1, 1999.

This section expires June 30, 2000.

NEW SECTION. Sec. 3. The sum of forty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2000, from the general fund to the Washington utilities and transportation commission for the purposes of section 2 of this act.

NEW SECTION. Sec. 4. The provisions of this act do not apply to railroads owned and operated by a municipal corporation in the state of Washington.