Utility facility removal

AN ACT Relating to supporting transportation system improvements 1
by addressing utility facility removal and relocation 2
responsibilities; amending RCW 47.44.020, 36.55.060, 35A.47.040, 3
35.23.251, 35.27.330, and 35.99.060; and creating a new section.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The legislature finds that public roadways 6
are increasingly constructed, altered, repaired, and improved in the 7
public interest as part of development agreements. When this is the 8
case, the legislature believes that a governmental entity requiring a 9
project that is in the public interest to be completed as part of a 10
development agreement should be authorized to require utility 11
relocation at the expense of the franchise holder. The legislature 12
recognizes that, at times, it may be expedient for a governmental 13
entity to require a roadway system improvement to be made instead of 14
assessing an impact fee and undertaking the work itself. The 15
legislature believes that whether a utility franchise holder is 16
required to bear the costs of utility relocation should not be 17
determined on the basis of who is undertaking the project, but 18
rather, on the basis of the extent to which the general public will 19
benefit from the project. Therefore, the legislature intends to 20
authorize the Washington state department of transportation, 21
H-0540.3
HOUSE BILL 1643
State of Washington 69th Legislature 2025 Regular Session
By Representative Barkis
Read first time 01/28/25. Referred to Committee on Transportation.
p. 1 HB 1643
counties, cities, and towns to require utility franchise holders to 1
pay the expense of utility relocation when a public roadway project 2
that is in the public interest is undertaken by a private entity as 3
part of a development agreement. 4
Sec. 2. RCW 47.44.020 and 2001 c 201 s 6 are each amended to 5
read as follows: 6
(1) If the department of transportation deems it to be for the 7
public interest, the franchise may be granted in whole or in part, 8
with or without hearing under such regulations and conditions as the 9
department may prescribe, with or without compensation, but not in 10
excess of the reasonable cost for investigating, handling, and 11
granting the franchise. The department may require that the utility 12
and appurtenances be so placed on the highway that they will, in its 13
opinion, least interfere with other uses of the highway.14
(2) If a hearing is held, it must be conducted by the department, 15
and may be adjourned from time to time until completed. The applicant 16
may be required to produce all facts pertaining to the franchise, and 17
evidence may be taken for and against granting it.18
(3)(a) The facility must be made subject to removal when 19
necessary for the construction, alteration, repair, or improvement of 20
the highway and at the expense of the franchise holder, except that 21
the state shall pay the share of the cost of the removal ((whenever)) 22
in the amount the state is entitled to receive ((proportionate)) in 23
the form of reimbursement ((therefor)) from the United States ((in 24
the cases and in the manner set forth in RCW 47.44.030)).25
(b) Facility removal or relocation at the expense of the 26
franchise holder may be required when necessary for the construction, 27
alteration, repair, or improvement of the highway, subject to the 28
exception in (a) of this subsection, when:29
(i) The project is carried out by a private entity as a condition 30
of development; and31
(ii) The department finds that the project is in the public 32
interest and has been included in a published local or state plan or 33
program.34
(c) Renewal upon expiration of a franchise must be by 35
application. 36
(d) For the purposes of this subsection, "public interest" means 37
of general benefit to the public.38
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(4) A person constructing or operating such a utility on a state 1
highway is liable to any person injured thereby for any damages 2
incident to the work of installation or the continuation of the 3
occupancy of the highway by the utility, and except as provided 4
above, is liable to the state for all necessary expenses incurred in 5
restoring the highway to a permanent suitable condition for travel. A 6
person constructing or operating such a utility on a state highway is 7
also liable to the state for all necessary expenses incurred in 8
inspecting the construction and restoring the pavement or other 9
related transportation equipment or facilities to a permanent 10
condition suitable for travel and operation in accordance with 11
requirements set by the department. Permit and franchise holders are 12
also financially responsible to the department for trenching work not 13
completed within the contractual period and for compensating for the 14
loss of useful pavement life caused by trenching. No franchise may be 15
granted for a longer period than ((fifty)) 50 years, and no exclusive 16
franchise or privilege may be granted. 17
(5) The holder of a franchise granted under this section is 18
financially responsible to the department for trenching work not 19
completed within the period of the permit and for compensating for 20
the loss of useful pavement life caused by trenching. In the case of 21
common trenching operations, liability under this subsection will be 22
assessed equally between the franchisees. The assessed parties may 23
thereafter pursue claims of contribution or indemnity in accord with 24
such fault as may be determined by arbitration or other legal action.25
Sec. 3. RCW 36.55.060 and 2007 c 31 s 6 are each amended to read 26
as follows: 27
(1) Any person constructing or operating any utility on or along 28
a county road shall be liable to the county for all necessary expense 29
incurred in restoring the county road to a suitable condition for 30
travel. 31
(2) No franchise shall be granted for a period of longer than 32
((fifty)) 50 years. 33
(3) No exclusive franchise or privilege shall be granted.34
(4)(a) The facilities of the holder of any such franchise shall 35
be removed at the expense of the holder thereof, to some other 36
location on such county road in the event it is to be constructed, 37
altered, or improved or becomes a primary state highway and such 38
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removal is reasonably necessary for the construction, alteration, or 1
improvement thereof. 2
(b) Facility removal or relocation at the expense of the 3
franchise holder may be required when a road is to be constructed, 4
altered, repaired, or improved, and:5
(i) The project is carried out by a private entity as a condition 6
of development; and7
(ii) The county finds that the project is in the public interest 8
and has been included in a published local or state plan or program.9
(c) For the purposes of this subsection, "public interest" means 10
of general benefit to the public.11
(5) Counties shall, in the predesign phase of construction 12
projects involving relocation of sewer and/or water facilities, 13
consult with public utilities operating water/sewer systems in order 14
to coordinate design. 15
Sec. 4. RCW 35A.47.040 and 1967 ex.s. c 119 s 35A.47.040 are 16
each amended to read as follows: 17
(1) Every code city shall have authority to permit and regulate 18
under such restrictions and conditions as it may set by charter or 19
ordinance and to grant nonexclusive franchises for the use of public 20
streets, bridges , or other public ways, structures , or places above 21
or below the surface of the ground for railroads and other routes and 22
facilities for public conveyances, for poles, conduits, tunnels, 23
towers, and structures, pipes and wires and appurtenances thereof for 24
transmission and distribution of electrical energy, signals , and 25
other methods of communication, for gas, steam , and liquid fuels, for 26
water, sewer , and other private and publicly owned and operated 27
facilities for public service. The power hereby granted shall be in 28
addition to the franchise authority granted by general law to cities.29
(2)(a) Except as provided in RCW 35.99.060(3)(a), facility 30
removal or relocation at the expense of the franchise holder is 31
permitted when right-of-way is to be constructed, altered, or 32
improved, including when a project is carried out by a private entity 33
and:34
(i) The project is necessary for the construction, alteration, 35
repair, or improvement of public streets, bridges, or other public 36
ways, structures, or places above or below the surface of the ground; 37
and38
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(ii) The city finds that the project is in the public interest, 1
will serve a transportation purpose, and has been included in a 2
published local or state plan or program.3
(b) For the purposes of this subsection, "public interest" means 4
of general benefit to the public.5
(3) No ordinance or resolution granting any franchise in a code 6
city for any purpose shall be adopted or passed by the city's 7
legislative body on the day of its introduction nor for five days 8
thereafter, nor at any other than a regular meeting nor without first 9
being submitted to the city attorney, nor without having been granted 10
by the approving vote of at least a majority of the entire 11
legislative body, nor without being published at least once in a 12
newspaper of general circulation in the city before becoming 13
effective. 14
(4) The city council may require a bond in a reasonable amount 15
for any person or corporation obtaining a franchise from the city 16
conditioned upon the faithful performance of the conditions and terms 17
of the franchise and providing a recovery on the bond in case of 18
failure to perform the terms and conditions of the franchise.19
(5) A code city may exercise the authority hereby granted, 20
notwithstanding a contrary limitation of any preexisting charter 21
provision. 22
Sec. 5. RCW 35.23.251 and 1965 c 7 s 35.24.250 are each amended 23
to read as follows: 24
(1) No ordinance or resolution granting any franchise for any 25
purpose shall be passed by the city council on the day of its 26
introduction, nor for five days thereafter, nor at any other than a 27
regular meeting nor without first being submitted to the city 28
attorney. 29
(2) No franchise or valuable privilege shall be granted unless by 30
the vote of at least five members of the city council.31
(3) The city council may require a bond in a reasonable amount 32
for any person or corporation obtaining a franchise from the city 33
conditioned for the faithful performance of the conditions and terms 34
of the franchise and providing a recovery on the bond in case of 35
failure to perform the terms and conditions of franchise.36
(4)(a) Except as provided in RCW 35.99.060(3)(a), facility 37
removal or relocation at the expense of the franchise holder is 38
permitted when right-of-way is to be constructed, altered, or 39
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improved, including when a project is carried out by a private entity 1
and: 2
(i) The project is necessary for the construction, alteration, 3
repair, or improvement of public streets, bridges, or other public 4
ways, structures, or places above or below the surface of the ground; 5
and6
(ii) The city finds that the project is in the public interest, 7
will serve a transportation purpose, and has been included in a 8
published local or state plan or program.9
(b) For the purposes of this subsection, "public interest" means 10
of general benefit to the public.11
Sec. 6. RCW 35.27.330 and 2009 c 549 s 2063 are each amended to 12
read as follows: 13
(1) No ordinance or resolution granting any franchise for any 14
purpose shall be passed by the council on the day of its 15
introduction, nor within five days thereafter, nor at any other than 16
a regular meeting, and no such ordinance or resolution shall have any 17
validity or effect unless passed by the vote of at least three 18
councilmembers. The town council may require a bond in a reasonable 19
amount from any persons and corporations obtaining a franchise from 20
the town conditioned for the faithful performance of the conditions 21
and terms of the franchise and providing a recovery on the bond in 22
case of failure to perform the terms and conditions of the franchise.23
(2)(a) Except as provided in RCW 35.99.060(3)(a), facility 24
removal or relocation at the expense of the franchise holder is 25
permitted when right-of-way is to be constructed, altered, or 26
improved, including when a project is carried out by a private entity 27
and:28
(i) The project is necessary for the construction, alteration, 29
repair, or improvement of public streets, bridges, or other public 30
ways, structures, or places above or below the surface of the ground; 31
and32
(ii) The town finds that the project is in the public interest, 33
will serve a transportation purpose, and has been included in a 34
published local or state plan or program.35
(b) For the purposes of this subsection, "public interest" means 36
of general benefit to the public.37
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Sec. 7. RCW 35.99.060 and 2000 c 83 s 6 are each amended to read 1
as follows: 2
(1) Cities and towns may require service providers to relocate 3
authorized facilities within the right -of-way when reasonably 4
necessary for construction, alteration, repair, or improvement of the 5
right-of-way for purposes of public welfare, health, or safety.6
(2) Cities shall notify service providers as soon as practicable 7
of the need for relocation and shall specify the date by which 8
relocation shall be completed. In calculating the date that 9
relocation must be completed, cities shall consult with affected 10
service providers and consider the extent of facilities to be 11
relocated, the services requirements, and the construction sequence 12
for the relocation, within the city's overall project construction 13
sequence and constraints, to safely complete the relocation. Service 14
providers shall complete the relocation by the date specified, unless 15
the city, or a reviewing court, establishes a later date for 16
completion, after a showing by the service provider that the 17
relocation cannot be completed by the date specified using best 18
efforts and meeting safety and service requirements.19
(3) Service providers may not seek reimbursement for their 20
relocation expenses from the city or town requesting relocation under 21
subsection (1) of this section except: 22
(a) Where the service provider had paid for the relocation cost 23
of the same facilities at the request of the city or town within the 24
past five years, the service provider's share of the cost of 25
relocation will be paid by the city or town requesting relocation;26
(b) Where aerial to underground relocation of authorized 27
facilities is required by the city or town under subsection (1) of 28
this section, for service providers with an ownership share of the 29
aerial supporting structures, the additional incremental cost of 30
underground compared to aerial relocation, or as provided for in the 31
approved tariff if less, will be paid by the city or town requiring 32
relocation; and 33
(c) Where the city or town requests relocation under subsection 34
(1) of this section solely for aesthetic purposes, unless otherwise 35
agreed to by the parties. 36
(4) Where a project in subsection (1) of this section is 37
primarily for private benefit and where the requirements of RCW 38
35A.47.040(2), 35.23.251(4), and 35.27.330(2) are not met , the 39
private party or parties shall reimburse the cost of relocation in 40
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the same proportion to their contribution to the costs of the 1
project. Service providers will not be precluded from recovering 2
their costs associated with relocation required under subsection (1) 3
of this section, provided that the recovery is consistent with 4
subsection (3) of this section and other applicable laws.5
(5) A city or town may require the relocation of facilities at 6
the service provider's expense in the event of an unforeseen 7
emergency that creates an immediate threat to the public safety, 8
health, or welfare. 9
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