| Washington State House of Representatives |
BILL ANALYSIS |
| Transportation Committee | |
HB 1312
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Modifying provisions concerning transportation providers.
Sponsors: Representatives Hudgins and Hankins; by request of Utilities & Transportation Commission.
Brief Summary of Bill |
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Hearing Date: 2/8/07
Staff: David Munnecke (786-7315).
Background:
Over the past several decades, the federal government has passed legislation preempting state
authority in or deregulating various aspects of the nation's transportation system. However, the
state statutory language reflecting the state's previous authority in these areas remains a part of
the revised code of Washington.
Archaic terminology related to transportation and other service provider that are or were
regulated by the Utilities and Transportation Commission (UTC) remains in statute, along with
completed obligations of the UTC and grandfathering clauses that are no longer relevant.
Summary of Bill:
Sections of the law that relate to rates, routes, and services are amended to indicate that those
sections only apply to the companies that are regulated as to rates, routes, and services. Laws
related to railroad rates, routes, and services are repealed or amended in order to reflect the
current state of federal preemption.
The Utilities and Transportation Commission (UTC) is directed to cooperate with the federal
government and the United States Department of Transportation (USDOT) to insure that state
and federal laws are enforced and administered cooperatively in regard to the transportation of
property and passengers in interstate and foreign commerce. The UTC is also granted the
authority to regulate common carriers in interstate commerce in accordance with any federal laws
granting it such authority.
The UTC is granted regulatory jurisdiction over the safety practices for railroad equipment,
facilities, rolling stock, and operations in the state for the purpose of participating with USDOT
in enforcing federal railroad safety regulations. The UTC is also required to administer the
railroad safety provisions of title 81 to the fullest extent allowed under state and federal law.
The sections related to economic regulation of common carriers are also amended to reflect
federal preemption in this area.
Provisions that are covered by the Administrative Procedures Act (APA) are eliminated so that
the Utilities and Transportation Commission follows the APA as it currently stands and would be
required to follow any future modifications.
Obsolete provisions, archaic terminology, and inaccurate or out-of-date references to state or
federal agencies are eliminated or modified as necessary.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.