CERTIFICATION OF ENROLLMENT

ENGROSSED SUBSTITUTE HOUSE BILL 2223

Chapter 96, Laws of 2012

62nd Legislature
2012 Regular Session



UNDERGROUND UTILITY DAMAGE PREVENTION--EFFECTIVE DATES



EFFECTIVE DATE: 06/07/12

Passed by the House February 8, 2012
  Yeas 97   Nays 0

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


Passed by the Senate February 29, 2012
  Yeas 49   Nays 0


BRAD OWEN
________________________________________    
President of the Senate
 
CERTIFICATE

I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 2223 as passed by the House of Representatives and the Senate on the dates hereon set forth.


BARBARA BAKER
________________________________________    
Chief Clerk
Approved March 29, 2012, 1:21 p.m.








CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
March 29, 2012







Secretary of State
State of Washington


_____________________________________________ 

ENGROSSED SUBSTITUTE HOUSE BILL 2223
_____________________________________________

Passed Legislature - 2012 Regular Session
State of Washington62nd Legislature2012 Regular Session

By House Technology, Energy & Communications (originally sponsored by Representatives Takko, Morris, Armstrong, and Angel; by request of Utilities & Transportation Commission)

READ FIRST TIME 01/17/12.   



     AN ACT Relating to modifying the effective date of RCW 19.122.130 from 2011's underground utility damage prevention act; amending RCW 19.122.130; and amending 2011 c 263 s 27 (uncodified).

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

Sec. 1   RCW 19.122.130 and 2011 c 263 s 18 are each amended to read as follows:
     (1) By January 1, 2013, the commission must contract with a statewide, nonprofit entity whose purpose is to reduce damages to underground and above ground facilities, promote safe excavation practices, and review complaints of alleged violations of this chapter. The contract must not obligate funding by the commission for activities performed by the nonprofit entity or the safety committee under this section, and is therefore exempt under RCW 39.29.040(1) from the requirements of chapter 39.29 RCW.
     (2) By January 1, 2013, the contracting entity must create a safety committee to:
     (a) Advise the commission and other state agencies, the legislature, and local governments on best practices and training to prevent damage to underground utilities, and policies to enhance worker and public safety; and
     (b) Review complaints alleging violations of this chapter involving practices related to underground facilities.
     (3)(a) The safety committee will consist of thirteen members, who must be nominated by represented groups and appointed by the contracting entity to staggered three-year terms. By January 1, 2013, the safety committee must include representatives of:
     (((a))) (i) Local governments;
     (((b))) (ii) A natural gas utility subject to regulation under Titles 80 and 81 RCW;
     (((c))) (iii) Contractors;
     (((d))) (iv) Excavators;
     (((e))) (v) An electric utility subject to regulation under Title 80 RCW;
     (((f))) (vi) A consumer-owned utility, as defined in RCW 19.27A.140;
     (((g))) (vii) A pipeline company;
     (((h))) (viii) The insurance industry;
     (((i))) (ix) The commission; and
     (((j))) (x) A telecommunications company.
     (b) By January 1, 2013, the safety committee may pass bylaws and provide for those organizational processes that are necessary to complete the safety committee's tasks.
     (4) The safety committee must meet at least once every three months.
     (5) After January 1, 2013, the safety committee may review complaints of alleged violations of this chapter involving practices related to underground facilities. Any person may bring a complaint to the safety committee regarding an alleged violation occurring on or after January 1, 2013.
     (6) To review complaints of alleged violations, the safety committee must appoint at least three and not more than five members as a review committee. The review committee must include the same number of members representing excavators and facility operators. One member representing facility operators must also be a representative of a pipeline company or a natural gas utility subject to regulation under Titles 80 and 81 RCW. The review committee must also include a member representing the insurance industry.
     (7) Before reviewing a complaint alleging a violation of this chapter, the review committee must notify the person making the complaint and the alleged violator of its review and of the opportunity to participate.
     (8) After January 1, 2013, the safety committee may provide written notification to the commission, with supporting documentation, that a person has likely committed a violation of this chapter, and recommend remedial action that may include a penalty amount, training, or education to improve public safety, or some combination thereof.
     (9) This section expires December 31, 2020.

Sec. 2   2011 c 263 s 27 (uncodified) is amended to read as follows:
     Except for section 18 of this act (chapter 263, Laws of 2011), this act takes effect January 1, 2013.


         Passed by the House February 8, 2012.
         Passed by the Senate February 29, 2012.
         Approved by the Governor March 29, 2012.
         Filed in Office of Secretary of State March 29, 2012.