WSR 98-19-129

PROPOSED RULES

DEPARTMENT OF TRANSPORTATION

[Filed September 23, 1998, 11:21 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-21-028.

Title of Rule: Utility lines--Franchises and permits, chapter 468-34 WAC.

Purpose: Clarify issues pertaining to the application process for franchises and permits. Ensure costs charged by the department reflect actual costs incurred. Incorporated updated design policies.

Statutory Authority for Adoption: Chapter 47.44 RCW.

Summary: Revise application costs to reflect actual costs incurred. Clarify and update design policy issues. Incorporate references to AASHTO policies and WSDOT Standard Specifications for Road, Bridge, and Municipal Construction to eliminate conflicts.

Reasons Supporting Proposal: These rule changes will allow the department to recover costs incurred for administrative and construction issues not currently being received. Policy and standards update will bring departmental practices up to current technical levels.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Milton, Olympia, (360) 705-7299.

Name of Proponent: Washington State Department of Transportation, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 468-34-010, change clarifies terms for consistency within the rule; WAC 468-34-020, change allows the department to recover costs incurred that are not now being reimbursed; WAC 468-34-100, change eliminates a repeated phrase (typographic error); WAC 468-34-120, change incorporates an updated AASHTO publication as a reference document; WAC 468-34-150, change references [to] Standard Specifications for Road, Bridge, and Municipal Construction and eliminates references to other standards which may be outdated or conflict with the standard specifications; and WAC 468-34-330, change removes specific "class" descriptions from the rule thereby eliminating the requirement for a rule revision should the "class" specifics change. Details of classes will be moved to the Utilities Accommodation Policy (M22-86) referenced in the rule.

Proposal Changes the Following Existing Rules: The proposal incorporates updated policies and standards. It aligns the fee schedule with actual costs incurred by the department for administrative activities and construction related issues. It clarifies standards requirements and reduces the potential for additional rule revisions.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Although cost will be increased for elements of this proposed rule, the costs are minor to businesses in the industry.

RCW 34.05.328 does not apply to this rule adoption. Analysis of rule making consistent with direction defined in RCW 34.05.328.

Hearing Location: Department of Transportation, Transportation Building 1D2, Olympia, Washington 98504, on October 30, 1998, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact TDD (360) 705-6980, by October 23, 1998.

Submit Written Comments to: John Milton, Transportation Building, P.O. Box 47329, Olympia, WA 98504, fax (360) 705-6815, by October 23, 1998.

Date of Intended Adoption: October 30, 1998.

September 23, 1998

Gerald E. Smith

Deputy Secretary, Operations

OTS-2513.1

AMENDATORY SECTION (Amending Order 152, filed 10/10/95, effective 11/10/95)

WAC 468-34-010  Applications. Applications for franchises and permits submitted to the Washington state department of transportation shall conform with the following requirements:

(1) Applications shall be submitted upon forms available from the department.

(2) Applications shall include the utility facility description plus additional plans and data for ((CAT 1)) Category 1 and ((CAT 2)) Category 2 installations.

(3) Applications shall indicate compliance with the standards as set forth in the ((policy on accommodation of utilities on highway rights of way)) Utility Accommodations Policy as contained in these rules and any amendments thereto.

(4) The application shall discuss alternate possibilities, especially when a location on or across a limited access facility is considered necessary. Reasons for need to adhere to location as proposed must be adequately set forth in the application.

[Statutory Authority: Chapter 47.44 RCW. 95-21-037 (Order 152), § 468-34-010, filed 10/10/95, effective 11/10/95. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-010, filed 12/20/78. Formerly WAC 252-04-010.]

AMENDATORY SECTION (Amending Order 152, filed 10/10/95, effective 11/10/95)

WAC 468-34-020  Costs. (1) The applicant shall pay the reasonable cost to the department for investigating, handling and granting the franchise or permit((, including but not limited to fees of hearing officers and reporters, including basic overhead charges upon the application and for providing an inspector during construction and/or maintenance of the utility facility)). Administrative fees are as follows:

((together with an additional charge in the amount of expenses, if any, actually incurred by the department)) Any additional expenses actually incurred by the department including, but not limited to, fees of hearing officers and reporters including basic overhead, and charges for providing an inspector during construction and/or maintenance of the utility facility, will be charged to the applicant: Provided, That no charge shall be made for applications for franchise or permit where the applicant is the United States or any of its agencies, or a utility anticipating relocation from its private easement acquired or to be acquired by the department for construction or reconstruction of a state highway.

(2) ((An equitable portion of the added costs of design and construction of highway structures shall be charged to any utility company which is required to pay the costs of relocation of its facilities and/or to any utility company making new installations.

(3))) Any utility company which is required to pay the costs of relocation of its facilities and/or any utility company making new installations shall be charged an equitable portion of the added costs of design and construction of the highway for accommodation of utility facilities.

(3) Any utility company utilizing trenched installation (roadway cuts, open cuts or any other approved installation) of a roadway for installation of its facility will be charged an additional damage assessment fee for pavement deterioration.

(4) Before any construction work is started, a surety bond in an amount required by the department, but not less than ((one)) ten thousand dollars, written by a surety company authorized to do business in the state of Washington, may be required by the department to insure completion of construction, including the restoration of surfacing, slopes, slope treatment, top soil, landscape treatment, drainage facilities and cleanup of right of way for a period ending not more than one year after date of completion, except the applicant shall be required to maintain an individual bond for a period to two years after date of completion where the utility facility disturbs the traveled lanes or usable shoulder. A blanket surety bond may be maintained covering multiple franchises or permits in lieu of individual bonds at the department's discretion. A blanket surety bond shall be in an amount of not less than ((ten)) fifty thousand dollars.

[Statutory Authority: Chapter 47.44 RCW. 95-21-037 (Order 152), § 468-34-020, filed 10/10/95, effective 11/10/95; 89-05-022 (Order 119), § 468-34-020, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-020, filed 12/20/78. Formerly WAC 252-04-020.]

AMENDATORY SECTION (Amending Order 119, filed 2/10/89)

WAC 468-34-100  Policy on accommodation of utilities on highway rights of way. This policy shall apply to all franchises and permits issued subject to chapter 47.44 RCW ((to all public RCW)) to all public, private, and governmental utility lines that are to be located, adjusted or relocated within the rights of way of state highways other than provided for in chapter 47.24 RCW.

Nothing in this policy shall be construed as limiting the rights of the department to impose restrictions or requirements in addition to and/or deviations from those stated herein in any franchise or permit where the department deems it advisable to do so.

[Statutory Authority: Chapter 47.44 RCW. 89-05-022 (Order 119), § 468-34-100, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-100, filed 12/20/78. Formerly WAC 252-04-065.]

AMENDATORY SECTION (Amending Order 119, filed 2/10/89)

WAC 468-34-120  Application of policy to various types of right of way. The applicable policy for the accommodation of utilities on various types of highways shall be in accordance with the following:

(1) Freeways - Accommodation of utilities shall be in accordance with "A Policy on the Accommodation of Utilities on Freeway Rights of Way" issued by the American Association of State Highway and Transportation Officials (AASHTO) ((1982, and amendments thereto, and this policy)) 1989. References to the AASHTO publication "Accommodating Utilities Within Highway Right-of-Way" guidance for utility installation and adjustments shall not be applicable. Such guidance shall be as set forth in the Utility Accommodations Policy and as contained in these rules and any amendments thereto.

(2) Limited access highways - Accommodation of utilities shall be the same as for freeways.

(3) Conventional highways - Rural - Accommodation of utilities shall be in accordance with this policy.

(4) Conventional highways - Cities and towns - Accommodation of utilities shall be in accordance with:

(a) Underground

(i) Water and sewer - The current "Standard Specifications for Road, Bridge, and Municipal Construction."

(ii) All other facilities - Accommodation of utilities shall be in accordance with this policy.

(b) Overhead - Accommodation of utilities shall be in accordance with this policy.

[Statutory Authority: Chapter 47.44 RCW. 89-05-022 (Order 119), § 468-34-120, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-120, filed 12/20/78. Formerly WAC 252-04-085.]

AMENDATORY SECTION (Amending Order 119, filed 2/10/89)

WAC 468-34-150  Design. (1) The utility company shall be responsible for the design of the utility facility. The department shall review and approve the utility's plans with respect to location and the manner in which the utility facility is to be installed and measures to be taken to preserve safe and free flow of traffic, structural integrity of the roadway or highway structure, ease of highway maintenance, appearance of the highway and the integrity of the utility facility.

(2) Utility installations on, over or under the rights of way and utility attachments to highway structures shall as a minimum comply with the following standards and/or amendments thereto:

(a) Electric power and communication facilities shall conform with the currently applicable National Electric Safety Code and/or Washington State Safety Code.

(b) Water lines shall conform with the current Standard Specifications for Road, Bridge, and Municipal Construction ((including but not limited to:)).

(c) Pressure pipeline shall conform with the currently applicable sections of Standard Code for Pressure Piping of the American National Standards Institute and applicable industry codes, including:

(i) Power Piping, ANSI B 31.10

(ii) Petroleum Refinery Piping, ANSI B 31.3

(iii) Liquid Petroleum Transportation Piping Systems, ANSI B 31.4

(iv) CFR 49, Part 192, Transportation of Natural and Other Gas by Pipeline - Minimum Federal Safety Standards

(v) Liquid petroleum pipelines shall conform with the currently applicable recommended practice of the American Petroleum Institute for Pipeline Crossings Under Railroad and Highways. (API RP 1102)

(d) Sewer pipe shall conform with the current Standard Specifications for Road, Bridge, and Municipal Construction.

(e) Drainage pipe shall conform with the current Standard Specifications for Road, Bridge, and Municipal Construction.

(3) Ground mounted utility facilities shall be of a design compatible with the visual quality of the specific highway section being traversed.

(4) All utility installations on, over, or under highway right of way and attachment to highway structures shall be of durable material designed for long service life expectancy and relatively free from routine servicing and maintenance.

(5) On new installations or adjustment of existing utility lines, provision shall be made for known or planned expansion of the utility facilities, particularly those located underground or attached to structures. They shall be planned so as to minimize hazards and interference with highway traffic when additional overhead or underground lines are installed at some future date.

(6) Government or industry codes required by law or regulation shall be followed in addition to rules and regulations referred to herein. This shall include any highway design standards which the department shall deem necessary to provide adequate protection to the highway, its safe operation, appearance and maintenance.

[Statutory Authority: Chapter 47.44 RCW. 89-05-022 (Order 119), § 468-34-150, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-150, filed 12/20/78. Formerly WAC 252-04-115.]

AMENDATORY SECTION (Amending DOT Order 10 and Comm. Order 1, Resolution No. 13, filed 12/20/78)

WAC 468-34-330  Scenic enhancement. (((1))) Undergrounding requirements within scenic areas: In the interest of protection and preservation of roadside appearance and visual quality of scenic areas, ((the following requirements shall pertain to highway sections classified in accordance with the definitions set forth in subsection (3) of this section.

Class A and B:

Initial franchises and franchise amendments where aerial facilities are nonexistent: Installation shall be underground except as may be justified as special exceptions listed in subsection (2) of this section.

Initial franchises and franchise amendments where aerial facilities exist: An aerial facility may be allowed on existing poles with the franchise to expire on the date of the existing franchise for the aerial line. No major reconstruction of the existing pole line or construction of a new aerial facility will be allowed except as may be justified under subsection (2) of this section.

Franchise renewals of existing aerial facilities: Upon expiration of an existing franchise, one franchise renewal for a period of twenty-five years may be granted for existing aerial lines with a special provision included in the franchise requiring the utility to apply for an initial franchise, franchise amendment or franchise renewal for burial of the facility either at the time major reconstruction of the line, for that portion of line to be reconstructed, or prior to expiration of the first franchise renewal. Existing facilities may be allowed to remain aerial if justified under subsection (2) of this section.

In considering approval of aerial facilities as special exceptions under subsection (2) of this section, greater emphasis upon the justification of facilities within Class A route segments shall be given by the department as compared to those in Class B.

Class C and D:

Aerial installations within highway sections having Class C and D scenic classification are permitted.

Class AX and BX:

An aerial facility may be allowed if found acceptable to the department based on design and/or location which will not detract from scenic values typical of those defined in Classes A and B.

(2) Special exceptions: Special exceptions may be made where one or more of the following conditions exist:

Power lines of voltage in excess of 35 KV. Special design should be incorporated to minimize the visual impact of the facility.

Other utility locations are not available or are usually difficult and unreasonably costly, or are more undesirable from the standpoint of visual quality.

The placing of the utility underground is not technically feasible or is unreasonably costly.

The impact of the required undergrounding adversely affects the utility consumer rates or the long term economics of the utility.

(3) Classifications:

Class A -- Superior scenic qualities: Unique settings of superior scenic quality, historic or cultural, interest that should be protected or preserved by special treatment for heritage of others. Panoramic views from the highway of ocean beaches, scenic valleys, lake frontage, mountain forests, rivers, etc.

Class B -- High scenic value: Areas where valuable scenic and environmental amenities exist and are enjoyed generally by travelers and public and deserve serious consideration for preservation and protective measures.

Class C -- Secondary scenic importance: Scenic characteristics are of marginal importance.

Class D -- Industrial, heavily urbanized or deteriorated areas: Industrial areas, urban settings and blighted areas which expense for beautification measures is not appropriate.

Subclass X -- Alternative for Class A and B: Areas where based on design alternatives, such as configurations, color and location, an aerial facility could be allowed without changing the landscape quality)) requirements pertaining to highway sections and classifications of highway sections shall be in accordance with the criteria set forth in the Utilities Accommodation Policy (M22-86), Scenic Classification of State Highways.

General criteria: Classifications are to be based on the scenic values of the view from the roadway including the roadway appearance attainable after ultimate improvements within the right of way. Sections are to be of sufficient length to sustain separate distinguishable area characteristics.

[Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-330, filed 12/20/78. Formerly WAC 252-04-285.]

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