S-4753               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 6263

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senate Committee on Governmental Operations (originally sponsored by Senators McCaslin, Garrett, Zimmerman, Owen and Stratton)

Read first time 2/3/88.

AN ACT Relating to utility service installation in first-class cities; and amending RCW 35.22.640.

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

        Sec. 1.  Section 3, chapter 56, Laws of 1975 1st ex. sess. as amended by section 1, chapter 217, Laws of 1983 and RCW 35.22.640 are each amended to read as follows:

          Cities of the first class are relieved from complying with the provisions of RCW 35.22.620 with respect to any public work or improvement relating solely to electrical distribution and generating systems on public rights of way or on municipally owned property:  PROVIDED, That if a city-owned electrical utility directly assesses its customers a service installation charge for a temporary service, permanent service, or expanded service, the customer may((, with the written approval of the city-owned electric utility,)) contract with a qualified electrical contractor licensed under chapter 19.28 RCW to install any utility-approved material or equipment in lieu of having city utility personnel perform the installation((.  In the event the city-owned electric utility denies the customer's request to utilize a private electrical contractor for such installation work, it shall provide the customer with written reasons for such denial)): PROVIDED FURTHER, That nothing herein shall prevent any first class city from operating a solid waste department utilizing its own personnel.

            If a customer elects to employ a private electrical contractor as provided in this section, the private electrical contractor shall be solely responsible for any damages resulting from the installation of any temporary service, permanent service, or expanded service and the city-owned electrical utility shall be immune from any tortious conduct actions as to that installation.