H-2084.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 2193

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By House Committee on Technology, Telecommunications & Energy (originally sponsored by Representatives DeBolt, Morris, Ruderman, Mielke, Crouse, Poulsen, Kessler, Mastin, Casada, Delvin, Pflug, Wood, Esser, B. Chandler, Linville and Berkey)

Read first time 02/26/2001.  Referred to Committee on .

Clarifying the cost burden for utility relocation.

    AN ACT Relating to utility relocation costs caused by regional transit authority activities; and amending RCW 81.112.100.

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

    Sec. 1.  RCW 81.112.100 and 1992 c 101 s 10 are each amended to read as follows:

(1) An authority shall have and exercise all rights with respect to the construction, acquisition, maintenance, operation, extension, alteration, repair, control and management of high capacity transportation system facilities that are identified in the system plan developed pursuant to RCW 81.104.100 that any city, county, county transportation authority, metropolitan municipal corporation, or public transportation benefit area within the authority boundary has been previously empowered to exercise and such powers shall not thereafter be exercised by such agencies without the consent of the authority.  Nothing in this chapter shall restrict development, construction, or operation of a personal rapid transit system by a city or county.

(2) If utility facilities must be removed or relocated as a result of the construction, alteration, repair, or improvement of a system, the costs of the removal or relocation must be included in the costs of the system and paid by the authority.  In no case is the owner, lessee, or occupant of the utility facilities responsible for the costs.  For purposes of this subsection, "utility facilities" include, but are not limited to, cable television, gas, electric, and telecommunications facilities.

    An authority may adopt, in whole or in part, and may complete, modify, or terminate any planning, environmental review, or procurement processes related to the high capacity transportation system that had been commenced by a joint regional policy committee or a city, county, county transportation authority, metropolitan municipality, or public transportation benefit area prior to the formation of the authority.

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