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2011 House Bill 1634: Regarding underground utilities
Introduced by Rep. Dean Takko (Longview) (D) on January 27, 2011
Establishes a comprehensive damage prevention program for transfer pipelines, transmission pipelines, and underground utility facilities. This act authorizes the Utilities and Transportation Commission to enforce the law, assign responsibilities for locating and keeping accurate records of underground facilities' locations, protect and repair damage to existing underground facilities, and protect public health and safety from interruption in utility services caused by damage to existing underground utility facilities. This act modifies and adds definitions for terms in current law to clarify the authority being given to the Commission. This act also provides specific guidelines for the exercise of the authority granted.   Official Text and Analysis.
Referred to the House Technology, Energy, and Communications Committee on January 27, 2011
Substitute offered in the House on February 16, 2011
Requires all underground facility operators to subscribe to a one-number locator service; requires that every event where damage occurs to an underground facility be reported to Utilities and Transportation Commission's Damage Information Reporting Tool (DIRT); establishes a dispute resolution process for violations relating to underground utilities; establishes the Damage Prevention Account; and, creates state and local governments notification requirements when permitting structures intended for human occupation are within 100 feet of a transmission pipeline right-of-way.
The substitute passed by voice vote in the House on February 16, 2011
Referred to the House General Government Appropriations & Oversight Committee on February 17, 2011
Substitute offered in the House on February 21, 2011
Removes the provision that allows any person to request that the Office of the Attorney General (AGO) take action to enforce civil penalties relating to the underground utilities violations. It also removes the provision that authorizes the AGO or the prosecuting attorney for the county in which any underground utilities violation takes place to commence a civil action in superior court to collect civil penalties against any person who commits an underground utilities violation not regulated by the Utilities and Transportation Commission(UTC).
The substitute passed by voice vote in the House on February 21, 2011
Referred to the House Rules Committee on February 24, 2011
Amendment offered by Rep. Dean Takko (Longview) (D) on March 4, 2011
To provide a striking amendment to remove the rovision that permits owners of underground water facilities to not indicate the presence of existing service laterals or appurtenances, if the presence of these laterals and appurtenances can be determined from the presence of visible facilities. Requires a facility operator or sewer system owner or operator to mark within a proposed excavation area that there is an unlocatable service, water, or sewer lateral, if these laterals are unlocatable. Specifies that only facility operators and excavators who observe or cause damage to an underground facility to report the event to the utilities and transportation commission, omitting other individuals and organizations. Specifies that the utilities and transportation commission may enforce civil penalties relating to violations of the underground utilities statute when a document is filed with the utilities and transportation commission by the safety committee indicating that a violation has likely occurred. Specifies information that must be provided if an excavator or a facility operator reports damage to an underground facility using a form other than the utilities and transportation commission's damage information reporting tool. Specifies that a nonpipeline facility operator acting as their own excavator or the facility operator's subcontractor who hits its own underground facilities is not required to report that damage event.
The amendment passed by voice vote in the House on March 4, 2011
To require all underground facility operators to subscribe to a one-number locator service. Requires that every event where damage occurs to an underground facility be reported to Utilities and Transportation Commission's Damage Information Reporting Tool (DIRT).
Received in the Senate on March 7, 2011
Referred to the Senate Environment, Water & Energy Committee on March 7, 2011
Amendment offered in the Senate on March 24, 2011
To require underground utility operators to meet duties currently applying to underground utility owners. The broader term operator includes underground utility owners or persons in the business of supplying utility service for compensation. Sets stricter requirements for operators to mark underground utilities or provide available information. Establishes Safety Committee of stakeholder representatives to advise on safety and to review complaints of alleged violations.
The amendment failed by voice vote in the Senate on March 24, 2011
Referred to the Senate Rules Committee on March 24, 2011
Amendment offered by Sen. Phil Rockefeller, (D-Kitsap County) (D) on April 6, 2011
To offer a striking amendment providing several technical corrections and clarifications, as well as several other changes. The intent section is clarified, and provides that the chapter is the "underground utility damage prevention act," as further specified in Section 25 of this bill. Other changes include saftey requirements, exemptions from duties and clarification of enforcement authority. In addition a provision is added requiring the UTC to report to the legislature by December 1, 2015, on the effectiveness of the damage prevention program, with analysis of reported damage data.
The amendment passed by voice vote in the Senate on April 6, 2011
Requires all underground facility operators to subscribe to a one-number locator service. Requires that every event where damage occurs to an underground facility be reported to Utilities and Transportation Commission's Damage Information Reporting Tool (DIRT). In addition a provision is added requiring the UTC to report to the legislature by December 1, 2015, on the effectiveness of the damage prevention program, with analysis of reported damage data.
Received in the House on April 14, 2011
House concurred with the Senate amendments. This bill requires all underground facility operators to subscribe to a one-number locator service. Requires that every event where damage occurs to an underground facility be reported to Utilities and Transportation Commission's Damage Information Reporting Tool (DIRT). In addition a provision is added requiring the UTC to report to the legislature by December 1, 2015, on the effectiveness of the damage prevention program, with analysis of reported damage data.
Signed with partial veto by Gov. Christine Gregoire on May 5, 2011
To delete Section 24, which could be read to exempt consumer-owned utilities from enforcement under the bill, and thereby prevent the Commission from taking enforcement action on underground utility damage caused by consumer-owner utilities. Since the language in this section does not change the statutory independence of consumer-owned utilities in setting their rates and determining their services, the section is not necessary.