reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.120 - Gasoline Dealer Bill of Rights Act. › 19.120.080 - Refiner-supplier and retailer relationship—Rights and prohibitions.

RCW 19.120.080
Refiner-supplier and retailer relationship—Rights and prohibitions.
Without limiting the other provisions of this chapter, the following specific rights and prohibitions shall govern the relation between the motor fuel refiner-supplier and the motor fuel retailers:
(1) The parties shall deal with each other in good faith.
(2) For the purposes of this chapter and without limiting its general application, it shall be an unfair or deceptive act or practice or an unfair method of competition and therefore unlawful and a violation of this chapter for any person to:
(a) Require a motor fuel retailer to purchase or lease goods or services of the motor fuel refiner-supplier or from approved sources of supply unless and to the extent that the motor fuel refiner-supplier satisfies the burden of proving that such restrictive purchasing agreements are reasonably necessary for a lawful purpose justified on business grounds, and do not substantially affect competition: PROVIDED, That this provision shall not apply to the initial inventory of the motor fuel franchise. In determining whether a requirement to purchase or lease goods or services constitutes an unfair or deceptive act or practice or an unfair method of competition the courts shall be guided by the decisions of the courts of the United States interpreting and applying the anti-trust laws of the United States.
(b) Discriminate between motor fuel retailers in the charges offered or made for royalties, goods, services, equipment, rentals, advertising services, or in any other business dealing, unless and to the extent that the motor fuel refiner-supplier satisfies the burden of proving that any classification of or discrimination between motor fuel retailers is reasonable, is based on motor fuel franchises granted at materially different times and such discrimination is reasonably related to such difference in time or on other proper and justifiable distinctions considering the purposes of this chapter, and is not arbitrary.
(c) Sell, rent, or offer to sell to a motor fuel retailer any product or service for more than a fair and reasonable price.
(d) Require a motor fuel retailer to assent to a release, assignment, novation, or waiver which would relieve any person from liability imposed by this chapter.
[ 2000 c 171 § 72; 1986 c 320 § 9.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.120 - Gasoline Dealer Bill of Rights Act. › 19.120.090 - Action for damages, rescission, or other relief.

RCW 19.120.090
Action for damages, rescission, or other relief.
(1) Any person who sells or offers to sell a motor fuel franchise in violation of this chapter shall be liable to the motor fuel retailer or motor fuel refiner-supplier who may sue at law or in equity for damages caused thereby for rescission or other relief as the court may deem appropriate. In the case of a violation of RCW 19.120.070 rescission is not available to the plaintiff if the defendant proves that the plaintiff knew the facts concerning the untruth or omission or that the defendant exercised reasonable care and did not know or if he or she had exercised reasonable care would not have known of the untruth or omission.
(2) The suit authorized under subsection (1) of this section may be brought to recover the actual damages sustained by the plaintiff: PROVIDED, That the prevailing party may in the discretion of the court recover the costs of said action including a reasonable attorneys' fee.
(3) Any person who becomes liable to make payments under this section may recover contributions as in cases of contracts from any persons who, if sued separately, would have been liable to make the same payment.
(4) A final judgment, order, or decree heretofore or hereafter rendered against a person in any civil, criminal, or administrative proceedings under the United States anti-trust laws, under the federal trade commission act, or this chapter shall be regarded as evidence against such persons in any action brought by any party against such person under subsection (1) of this section as to all matters which said judgment or decree would be an estoppel between the parties thereto.
[ 2011 c 336 § 567; 1986 c 320 § 10.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.120 - Gasoline Dealer Bill of Rights Act. › 19.120.100 - Limitation period tolled.

RCW 19.120.100
Limitation period tolled.
The pendency of any civil, criminal, or administrative proceedings against a person brought by the federal or Washington state governments or any of their agencies under the anti-trust laws, the Federal Trade Commission Act, or any federal or state act related to anti-trust laws or to franchising, or under this chapter shall toll the limitation of this action if the action is then instituted within one year after the final judgment or order in such proceedings: PROVIDED, That said limitation of actions shall in any case toll the law so long as there is actual concealment on the part of the person.
[ 1986 c 320 § 11.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.120 - Gasoline Dealer Bill of Rights Act. › 19.120.110 - Civil actions by retailers—Attorneys' fees.

RCW 19.120.110
Civil actions by retailers—Attorneys' fees.
Any motor fuel retailer who is injured in his or her business by the commission of any act prohibited by this chapter, or any motor fuel retailer injured because of his or her refusal to accede to a proposal for an arrangement which, if consumated, would be in violation of this chapter may bring a civil action in superior court to enjoin further violations, to recover the actual damages sustained by him or her, or both, together with the costs of the suit, including reasonable attorney's fees.
[ 1986 c 320 § 12.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.120 - Gasoline Dealer Bill of Rights Act. › 19.120.120 - Civil actions by attorney general—Attorneys' fees—Criminal actions not limited by chapter.

RCW 19.120.120
Civil actions by attorney general—Attorneys' fees—Criminal actions not limited by chapter.
(1) The attorney general may bring an action in the name of the state against any person to restrain and prevent the doing of any act herein prohibited or declared to be unlawful. The prevailing party may in the discretion of the court recover the costs of such action including a reasonable attorneys' fee.
(2) Nothing in this chapter limits the power of the state to punish any person for any conduct which constitutes a crime by statute or at common law.
[ 1986 c 320 § 13.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.120 - Gasoline Dealer Bill of Rights Act. › 19.120.130 - Exception or exemption—Burden of proof—Waiver of provisions of chapter void.

RCW 19.120.130
Exception or exemption—Burden of proof—Waiver of provisions of chapter void.
In any proceeding under this chapter, the burden of proving an exception or an exemption from definition is upon the person claiming it. Any condition, stipulation or provision purporting to bind any person acquiring a motor fuel franchise at the time of entering into a motor fuel franchise or other agreement to waive compliance with any provision of this chapter or any rule or order hereunder is void.
[ 1986 c 320 § 14.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.120 - Gasoline Dealer Bill of Rights Act. › 19.120.901 - Application of chapter.

RCW 19.120.901
Application of chapter.
The provisions of this chapter apply to any motor fuel franchise or contract entered into or renewed on or after June 30, 1986, between a motor fuel refiner-supplier and a motor fuel retailer.
[ 1986 c 320 § 15.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.120 - Gasoline Dealer Bill of Rights Act. › 19.120.902 - Intent—Interpretation consistent with chapter 19.100 RCW.

RCW 19.120.902
Intent—Interpretation consistent with chapter 19.100 RCW.
It is the intent of the legislature that this chapter be interpreted consistent with chapter 19.100 RCW.
[ 1986 c 320 § 17.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.120 - Gasoline Dealer Bill of Rights Act. › 19.120.905 - Effective date—1986 c 320.

RCW 19.120.905
Effective date—1986 c 320.
(1) Sections 20 and 21 are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions and shall take effect immediately.
(2) Sections 1 through 19, 22 and 23 of this act shall take effect June 30, 1986.
[ 1986 c 320 § 24.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.120 - Gasoline Dealer Bill of Rights Act. › 19.120.906 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 19.120.906
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 57.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.010 - Intent.

RCW 19.122.010
Intent.
In this chapter, the underground utility damage prevention act, the legislature intends to protect public health and safety and prevent disruption of vital utility services through a comprehensive damage prevention program that includes:
(1) Assigning responsibility for providing notice of proposed excavation, locating and marking underground utilities, and reporting and repairing damage;
(2) Setting safeguards for construction and excavation near hazardous liquid and gas pipelines;
(3) Improving worker and public knowledge of safe practices;
(4) Collecting and analyzing damage data;
(5) Reviewing alleged violations; and
(6) Enforcing this chapter.
[ 2011 c 263 § 1; 1984 c 144 § 1.]
NOTES:
Report—2011 c 263: "By December 1, 2015, the utilities and transportation commission must report to the appropriate committees of the legislature on the effectiveness of the damage prevention program established under chapter 19.122 RCW. The legislative report required under this section must include analysis of damage data reported under section 20 of this act." [ 2011 c 263 § 26.]
Effective date—2012 c 96; 2011 c 263: "Except for section 18 of this act (chapter 263, Laws of 2011), this act takes effect January 1, 2013." [ 2012 c 96 § 2; 2011 c 263 § 27.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.027 - One-number locator services—Single statewide toll-free telephone number.

RCW 19.122.027
One-number locator services—Single statewide toll-free telephone number.
(1) The commission must establish a single statewide toll-free telephone number to be used for referring excavators to the appropriate one-number locator service.
(2) The commission, in consultation with the Washington utilities coordinating council, must establish minimum standards and best management practices for one-number locator services.
(3) One-number locator services must be operated by nongovernmental agencies.
(4) All facility operators within a one-number locator service area must subscribe to the service.
(5) Failure to subscribe to a one-number locator service constitutes willful intent to avoid compliance with this chapter.
[ 2011 c 263 § 3; 2005 c 448 § 2; 2000 c 191 § 16.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
Intent—Findings—Conflict with federal requirements—Short title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900 through 81.88.902.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.031 - Exempted activities.

RCW 19.122.031
Exempted activities.
(1) The requirements specified in RCW 19.122.030 do not apply to any of the following activities:
(a) An emergency excavation, but only with respect to boundary marking and notice requirements specified in RCW 19.122.030 (1) and (2), and provided that the excavator provides notice to a one-number locator service at the earliest practicable opportunity;
(b) An excavation of less than twelve inches in depth on private noncommercial property, if the excavation is performed by the person or an employee of the person who owns or occupies the property on which the excavation is being performed;
(c) The tilling of soil for agricultural purposes less than:
(i) Twelve inches in depth within a utility easement; and
(ii) Twenty inches in depth outside of a utility easement;
(d) The replacement of an official traffic sign installed prior to January 1, 2013, no deeper than the depth at which it was installed;
(e) Road maintenance activities involving excavation less than six inches in depth below the original road grade and ditch maintenance activities involving excavation less than six inches in depth below the original ditch flowline, or alteration of the original ditch horizontal alignment;
(f) The creation of bar holes less than twelve inches in depth, or of any depth during emergency leak investigations, provided that the excavator takes reasonable measures to eliminate electrical arc hazards; or
(g) Construction, operation, or maintenance activities by an irrigation district on rights-of-way, easements, or facilities owned by the federal bureau of reclamation in federal reclamation projects.
(2) Any activity described in subsection (1) of this section is subject to the requirements specified in RCW 19.122.050.
[ 2011 c 263 § 5.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.033 - Notice of excavation to pipeline companies.

RCW 19.122.033
Notice of excavation to pipeline companies.
(1) Before commencing any excavation, an excavator must notify pipeline companies of the scheduled commencement of excavation through a one-number locator service in the same manner as required for notifying facility operators of excavation under RCW 19.122.030. Pipeline companies have the same rights and responsibilities as facility operators under RCW 19.122.030 regarding excavation. Excavators have the same rights and responsibilities under this section as they have under RCW 19.122.030.
(2) Project owners, excavators, and pipeline companies have the same rights and responsibilities relating to excavation near pipelines that they have for excavation near underground facilities as provided in RCW 19.122.040.
(3) The state, and any subdivision or instrumentality of the state, including any unit of local government, must, when planning construction or excavation within one hundred feet, or greater distance if required by local ordinance, of a right-of-way or utility easement containing a transmission pipeline, notify the pipeline company of the scheduled commencement of work.
(4) Any unit of local government that issues permits under codes adopted pursuant to chapter 19.27 RCW must, when permitting construction or excavation within one hundred feet, or greater distance if required by local ordinance, of a right-of-way or utility easement containing a transmission pipeline:
(a) Notify the pipeline company of the permitted activity when it issues the permit; or
(b) Require, as a condition of issuing the permit, that the applicant consult with the pipeline company.
(5) The commission must assist local governments in obtaining hazardous liquid and gas pipeline location information and maps, as provided in RCW 81.88.080.
[ 2011 c 263 § 6; 2000 c 191 § 18.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
Intent—Findings—Conflict with federal requirements—Short title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900 through 81.88.902.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.035 - Pipeline company duties after notice of excavation—Examination—Information of damage—Notification of local first responders.

RCW 19.122.035
Pipeline company duties after notice of excavation—Examination—Information of damage—Notification of local first responders.
(1) After a pipeline company has been notified by an excavator pursuant to RCW 19.122.033 that excavation will uncover any portion of the pipeline company's pipeline, the pipeline company shall ensure that the pipeline section in the vicinity of the excavation is examined for damage prior to being reburied.
(2) Immediately upon receiving information of third-party damage to a hazardous liquid pipeline, the company that operates the pipeline shall terminate the flow of hazardous liquid in that pipeline until it has visually inspected the pipeline. After visual inspection, the pipeline company shall determine whether the damaged pipeline section should be replaced or repaired, or whether it is safe to resume pipeline operation. Immediately upon receiving information of third-party damage to a gas pipeline, the pipeline company shall conduct a visual inspection of the pipeline to determine whether the flow of gas through that pipeline should be terminated, and whether the damaged pipeline should be replaced or repaired. A record of the pipeline company's inspection report and test results shall be provided to the commission, consistent with reporting requirements under 49 C.F.R. Parts 191 and 195, Subpart B.
(3) Pipeline companies shall immediately notify local first responders and the department of ecology of any reportable release of a hazardous liquid from a pipeline. Pipeline companies shall immediately notify local first responders and the commission of any blowing gas leak from a gas pipeline that has ignited or represents a probable hazard to persons or property. Pipeline companies shall take all appropriate steps to ensure the public safety in the event of a release of hazardous liquid or gas under this subsection.
(4) No damaged pipeline may be buried until it is repaired or relocated. The pipeline company shall arrange for repairs or relocation of a damaged pipeline as soon as is practical or may permit the excavator to do necessary repairs or relocation at a mutually acceptable price.
[ 2011 c 263 § 7; 2000 c 191 § 19.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
Intent—Findings—Conflict with federal requirements—Short title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900 through 81.88.902.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.040 - Underground facilities identified in bid or contract—Excavator's duty of reasonable care—Liability for damages—Attorneys' fees.

RCW 19.122.040
Underground facilities identified in bid or contract—Excavator's duty of reasonable care—Liability for damages—Attorneys' fees.
(1) Project owners shall indicate in bid or contract documents the existence of underground facilities known by the project owner to be located within the proposed area of excavation. The following are deemed to be changed or differing site conditions:
(a) An underground facility not identified as required by this chapter or other provision of law; or
(b) An underground facility not located, as required by this chapter or other provision of law, by the project owner, facility operator, or excavator if the project owner or excavator is also a facility operator.
(2) An excavator shall use reasonable care to avoid damaging underground facilities. An excavator must:
(a) Determine the precise location of underground facilities which have been marked;
(b) Plan the excavation to avoid damage to or minimize interference with underground facilities in and near the excavation area; and
(c) Provide such support for underground facilities in and near the construction area, including during backfill operations, as may be reasonably necessary for the protection of such facilities.
(3) If an underground facility is damaged and such damage is the consequence of the failure to fulfill an obligation under this chapter, the party failing to perform that obligation is liable for any damages. Any clause in an excavation contract which attempts to allocate liability, or requires indemnification to shift the economic consequences of liability, that differs from the provisions of this chapter is against public policy and unenforceable. Nothing in this chapter prevents the parties to an excavation contract from contracting with respect to the allocation of risk for changed or differing site conditions.
(4) In any action brought under this section, the prevailing party is entitled to reasonable attorneys' fees.
[ 2011 c 263 § 8; 1984 c 144 § 4.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.045 - Exemption from liability.

RCW 19.122.045
Exemption from liability.
Excavators who comply with the requirements of this chapter are not liable for any damages arising from contact or damage to an underground fiber optics facility other than the cost to repair the facility.
[ 1988 c 99 § 2.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.050 - Damage to underground facility—Notification by excavator—Repairs or relocation of facility.

RCW 19.122.050
Damage to underground facility—Notification by excavator—Repairs or relocation of facility.
(1) An excavator who, in the course of excavation, contacts or damages an underground facility shall notify the facility operator and a one-number locator service, and report the damage as required under RCW 19.122.053. If the damage causes an emergency condition, the excavator causing the damage shall also call 911 to alert the appropriate local public safety agencies and take all appropriate steps to ensure the public safety. No damaged underground facility may be buried until it is repaired or relocated.
(2) A facility operator notified in accordance with subsection (1) of this section shall arrange for repairs or relocation as soon as is practical, or permit the excavator to do necessary repairs or relocation at a mutually acceptable price.
[ 2020 c 162 § 2; 2011 c 263 § 9; 1984 c 144 § 5.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.053 - Report of damage to underground facility.

RCW 19.122.053
Report of damage to underground facility.
(1) Facility operators and excavators who observe or cause damage to an underground facility must report the damage event to the commission.
(2) A nonpipeline facility operator conducting an excavation, or a subcontractor conducting an excavation on the facility operator's behalf, that strikes the facility operator's own underground facility is not required to report that damage event to the commission.
(3) Reports must be made to the commission's office of pipeline safety within forty-five days of the damage event, or sooner if required by law, using the commission's virtual private damage information reporting tool (DIRT) report form, or other similar form if it reports:
(a) The name of the person submitting the report and whether the person is an excavator, a representative of a one-number locator service, or a facility operator;
(b) The date and time of the damage event;
(c) The address where the damage event occurred;
(d) The type of right-of-way, where the damage event occurred, including but not limited to city street, state highway, or utility easement;
(e) The type of underground facility damaged, including but not limited to pipes, transmission pipelines, distribution lines, sewers, conduits, cables, valves, lines, wires, manholes, attachments, or parts of poles or anchors below ground;
(f) The type of utility service or commodity the underground facility stores or conveys, including but not limited to electronic, telephonic or telegraphic communications, water, sewage, cablevision, electric energy, petroleum products, gas, gaseous vapors, hazardous liquids, or other substances;
(g) The type of excavator involved, including but not limited to contractors or facility operators;
(h) The excavation equipment used, including but not limited to augers, bulldozers, backhoes, or hand tools;
(i) The type of excavation being performed, including but not limited to drainage, grading, or landscaping;
(j) Whether a one-number locator service was notified before excavation commenced, and, if so, the excavation confirmation code provided by a one-number locator service;
(k) If applicable:
(i) The person who located the underground facility, and their employer;
(ii) Whether underground facility marks were visible in the proposed excavation area before excavation commenced;
(iii) Whether underground facilities were marked correctly;
(l) Whether an excavator experienced interruption of work as a result of the damage event;
(m) A description of the damage; and
(n) Whether the damage caused an interruption of underground facility service.
(4) The commission must use reported data to evaluate the effectiveness of the damage prevention program.
[ 2011 c 263 § 20.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.055 - Failure to notify one-number locator service—Civil penalty, if damages.

RCW 19.122.055
Failure to notify one-number locator service—Civil penalty, if damages.
(1)(a) Any excavator who fails to notify a one-number locator service and causes damage to a hazardous liquid or gas underground facility is subject to a civil penalty of not more than ten thousand dollars for each violation.
(b) The civil penalty in this subsection may also be imposed on any excavator who violates RCW 19.122.090.
(2) All civil penalties recovered under this section must be deposited into the damage prevention account created in RCW 19.122.160.
[ 2011 c 263 § 10; 2005 c 448 § 3; 2001 c 238 § 5; 2000 c 191 § 24.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
Intent—Finding—Effective date—2001 c 238: See notes following RCW 80.24.060.
Intent—Findings—Conflict with federal requirements—Short title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900 through 81.88.902.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.070 - Civil penalties—Treble damages—Existing remedies not affected.

RCW 19.122.070
Civil penalties—Treble damages—Existing remedies not affected.
(1) Any person who violates any provision of this chapter not amounting to a violation of RCW 19.122.055 is subject to a civil penalty of not more than one thousand dollars for an initial violation, and not more than five thousand dollars for each subsequent violation within a three-year period. All penalties recovered in such actions must be deposited in the damage prevention account created in RCW 19.122.160.
(2) Any excavator who willfully or maliciously damages a marked underground facility is liable for treble the costs incurred in repairing or relocating the facility. In those cases in which an excavator fails to notify known facility operators or a one-number locator service, any damage to the underground facility is deemed willful and malicious and is subject to treble damages for costs incurred in repairing or relocating the facility.
(3) This chapter does not affect any civil remedies for personal injury or for property damage, including that to underground facilities, nor does this chapter create any new civil remedies for such damage.
[ 2011 c 263 § 11; 2005 c 448 § 4; 1984 c 144 § 7.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
Damages to facilities on state highways: RCW 47.44.150.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.075 - Damage or removal of permanent marking—Civil penalty.

RCW 19.122.075
Damage or removal of permanent marking—Civil penalty.
Any person who willfully damages or removes a permanent marking used to identify an underground facility or pipeline, or a temporary marking prior to its intended use, is subject to a civil penalty of not more than one thousand dollars for an initial violation, and not more than five thousand dollars for each subsequent violation within a three-year period.
[ 2011 c 263 § 14; 2000 c 191 § 23.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
Intent—Findings—Conflict with federal requirements—Short title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900 through 81.88.902.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.080 - Waiver of notification and marking requirements.

RCW 19.122.080
Waiver of notification and marking requirements.
The notification and marking provisions of this chapter may be waived for one or more designated persons by a facility operator with respect to all or part of that facility operator's underground facilities.
[ 2011 c 263 § 15; 1984 c 144 § 8.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.090 - Excavation without a valid excavation confirmation code—Penalty.

RCW 19.122.090
Excavation without a valid excavation confirmation code—Penalty.
Any excavator who excavates, without a valid excavation confirmation code when required under this chapter, within thirty-five feet of a transmission pipeline is guilty of a misdemeanor.
[ 2005 c 448 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.100 - Violation of RCW 19.122.090—Affirmative defense.

RCW 19.122.100
Violation of RCW 19.122.090—Affirmative defense.
If charged with a violation of RCW 19.122.090, an equipment operator is deemed to have established an affirmative defense to such charges if:
(1) The equipment operator was provided a valid excavation confirmation code;
(2) The excavation was performed in an emergency situation;
(3) The equipment operator was provided a false confirmation code by an identifiable third party; or
(4) Notice of the excavation was not required under this chapter.
[ 2011 c 263 § 16; 2005 c 448 § 6.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.110 - False excavation confirmation code—Penalty.

RCW 19.122.110
False excavation confirmation code—Penalty.
Any person who intentionally provides an equipment operator with a false excavation confirmation code is guilty of a misdemeanor.
[ 2011 c 263 § 17; 2005 c 448 § 7.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.120 - One-number locator service to provide excavation confirmation code.

RCW 19.122.120
One-number locator service to provide excavation confirmation code.
Upon receipt, during normal business hours, of notice of an intended excavation, the one-number locator service shall provide an excavation confirmation code.
[ 2005 c 448 § 8.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.130 - Commission to contract with nonprofit entity—Safety committee—Review of violations of chapter.

RCW 19.122.130
Commission to contract with nonprofit entity—Safety committee—Review of violations of chapter.
(1) 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.
(2) 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. The safety committee must include representatives of:
(i) Local governments;
(ii) A natural gas utility subject to regulation under Titles 80 and 81 RCW;
(iii) Contractors;
(iv) Excavators;
(v) An electric utility subject to regulation under Title 80 RCW;
(vi) A consumer-owned utility, as defined in RCW 19.27A.140;
(vii) A pipeline company;
(viii) A water-sewer district subject to regulation under Title 57 RCW;
(ix) The commission; and
(x) A telecommunications company.
(b) 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) 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 be a balanced group, including at least one excavator and one facility operator.
(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) 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.
[ 2020 c 162 § 3; 2017 c 20 § 1; 2012 c 96 § 1; 2011 c 263 § 18.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.140 - Commission authority—Receipt of notification of violation of chapter—Referral to attorney general.

RCW 19.122.140
Commission authority—Receipt of notification of violation of chapter—Referral to attorney general.
(1) The commission may enforce the civil penalties authorized in RCW 19.122.070 or 19.122.075 when it receives written notification from the safety committee created under RCW 19.122.130 indicating that a violation of this chapter has likely been committed by a person subject to regulation by the commission, or involving the underground facilities of such a person.
(2) If the commission receives written notification from the safety committee pursuant to RCW 19.122.130 that a violation of this chapter has likely been committed by a person who is not subject to regulation by the commission, and in which the underground facility involved is also not subject to regulation by the commission, the commission may refer the matter to the attorney general for enforcement of a civil penalty under RCW 19.122.070 or 19.122.075. The commission must provide funding for such enforcement. However, any costs and fees recovered by the attorney general pursuant to subsection (3) of this section must be deposited by the commission in the fund that paid for such enforcement.
(3) In a matter referred to it by the commission pursuant to subsection (2) of this section, the attorney general may bring an action to enforce the penalties authorized in RCW 19.122.070 or 19.122.075. In such an action, the court may award the state all costs of investigation and trial, including a reasonable attorneys' fee fixed by the court.
[ 2017 c 20 § 2; 2011 c 263 § 19.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.150 - Commission authority—Violations of chapter—Imposition of penalties.

RCW 19.122.150
Commission authority—Violations of chapter—Imposition of penalties.
(1) The commission may investigate and enforce violations of RCW 19.122.055, 19.122.075, and 19.122.090 relating to pipeline facilities without initial referral to the safety committee created under RCW 19.122.130.
(2) If the commission's investigation of notifications received pursuant to RCW 19.122.140 or subsection (1) of this section substantiates violations of this chapter, the commission may impose penalties authorized by RCW 19.122.055, 19.122.070, 19.122.075, and 19.122.090, and require training, education, or any combination thereof.
(3) With respect to referrals from the safety committee, the commission must consider any recommendation by the committee regarding enforcement and remedial actions involving an alleged violator.
(4) In an action to impose a penalty initiated by the commission under subsection (1) or (2) of this section, the penalty is due and payable when the person incurring the penalty receives a notice of penalty in writing from the commission describing the violation and advising the person that the penalty is due. The person incurring the penalty has fifteen days from the date the person receives the notice of penalty to file with the commission a request for mitigation or a request for a hearing. The commission must include this time limit information in the notice of penalty. After receiving a timely request for mitigation or hearing, the commission must suspend collection of the penalty until it issues a final order concerning the penalty or mitigation of that penalty. A person aggrieved by the commission's final order may seek judicial review, subject to provisions of the administrative procedure act, chapter 34.05 RCW.
(5) If a penalty imposed by the commission is not paid, the attorney general may, on the commission's behalf, file a civil action in superior court to collect the penalty.
[ 2017 c 20 § 3; 2011 c 263 § 21.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.160 - Damage prevention account.

RCW 19.122.160
Damage prevention account.
The damage prevention account is created in the custody of the state treasurer. All receipts from moneys directed by law or the commission to be deposited to the account must be deposited in the account. Expenditures from the account may be used only for purposes designated in RCW 19.122.170. Only the commission or the commission's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW.
[ 2011 c 263 § 12.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.170 - Damage prevention account—Use of funds.

RCW 19.122.170
Damage prevention account—Use of funds.
The commission may use money deposited in the damage prevention account created in RCW 19.122.160 to:
(1) Develop and disseminate educational programming designed to improve worker and public safety relating to excavation and underground facilities; and
(2) Provide grants to persons who have developed educational programming that the commission and the safety committee created pursuant to RCW 19.122.130 deem appropriate for improving worker and public safety relating to excavation and underground facilities.
[ 2011 c 263 § 13.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.180 - Damage prevention account—Deposit of penalties.

RCW 19.122.180
Damage prevention account—Deposit of penalties.
All penalties collected pursuant to RCW 19.122.150 must be deposited in the damage prevention account created in RCW 19.122.160.
[ 2011 c 263 § 22.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.122 - Underground Utilities. › 19.122.901 - Short title—2011 c 263.

RCW 19.122.901
Short title—2011 c 263.
This act may be known and cited as the underground utility damage prevention act.
[ 2011 c 263 § 25.]
NOTES:
Report—Effective date—2011 c 263: See notes following RCW 19.122.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.126 - Wholesale Distributors and Suppliers of Spirits or Malt Beverages. › 19.126.010 - Purpose.

RCW 19.126.010
Purpose.
(1) The legislature recognizes that both suppliers and wholesale distributors of malt beverages and spirits are interested in the goal of best serving the public interest through the fair, efficient, and competitive distribution of such beverages. The legislature encourages them to achieve this goal by:
(a) Assuring the wholesale distributor's freedom to manage the business enterprise, including the wholesale distributor's right to independently establish its selling prices; and
(b) Assuring the supplier and the public of service from wholesale distributors who will devote their best competitive efforts and resources to sales and distribution of the supplier's products which the wholesale distributor has been granted the right to sell and distribute.
(2) This chapter governs the relationship between suppliers of malt beverages and spirits and their wholesale distributors to the full extent consistent with the Constitution and laws of this state and of the United States.
[ 2012 c 2 § 212 (Initiative Measure No. 1183, approved November 8, 2011); 2003 c 59 § 1; 1984 c 169 § 1.]
NOTES:
Finding—Application—Rules—Effective date—Contingent effective date—2012 c 2 (Initiative Measure No. 1183): See notes following RCW 66.24.620.
Effective date—2003 c 59: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 17, 2003]." [ 2003 c 59 § 3.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.126 - Wholesale Distributors and Suppliers of Spirits or Malt Beverages. › 19.126.030 - Suppliers' protections.

RCW 19.126.030
Suppliers' protections.
Suppliers are entitled to the following protections which are deemed to be incorporated into every agreement of distributorship:
(1) Agreements between suppliers and wholesale distributors shall be in writing;
(2) A wholesale distributor shall maintain the financial and competitive capability necessary to achieve efficient and effective distribution of the supplier's products;
(3) A wholesale distributor shall maintain the quality and integrity of the supplier's product in the manner set forth by the supplier;
(4) A wholesale distributor shall exert its best efforts to sell the product of the supplier and shall merchandise such products in the stores of its retail customers as agreed between the wholesale distributor and supplier;
(5) The supplier may cancel or otherwise terminate any agreement with a wholesale distributor immediately and without notice if the reason for such termination is fraudulent conduct in any of the wholesale distributor's dealings with the supplier or its products, insolvency, the occurrence of an assignment for the benefit of creditors, bankruptcy, or suspension in excess of fourteen days or revocation of a license issued by the *state liquor board;
(6) A wholesale distributor shall give the supplier prior written notice, of not less than ninety days, of any material change in its ownership or management and the supplier has the right to reasonable prior approval of any such change; and
(7) A wholesale distributor shall give the supplier prior written notice, of not less than ninety days, of the wholesale distributor's intent to cancel or otherwise terminate the distributorship agreement.
[ 2009 c 155 § 2; 1984 c 169 § 3.]
NOTES:
*Reviser's note: The "state liquor control board" was renamed the "state liquor and cannabis board" by 2015 c 70 § 3.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.126 - Wholesale Distributors and Suppliers of Spirits or Malt Beverages. › 19.126.050 - Suppliers' prohibited acts.

RCW 19.126.050
Suppliers' prohibited acts.
No supplier may:
(1) Coerce or induce, or attempt to induce or coerce, any wholesale distributor to engage in any illegal act or course of conduct;
(2) Require a wholesale distributor to assent to any unreasonable requirement, condition, understanding, or term of an agreement which prohibits a wholesaler from selling the product of any other supplier or suppliers;
(3) Require a wholesale distributor to accept delivery of any product or any other item or commodity which was not ordered by the wholesale distributor; or
(4) Fail or refuse to enter into an agreement of distributorship with a wholesale distributor that handles the supplier's products.
[ 1985 c 440 § 1; 1984 c 169 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.126 - Wholesale Distributors and Suppliers of Spirits or Malt Beverages. › 19.126.060 - Attorney's fees—Costs.

RCW 19.126.060
Attorney's fees—Costs.
In any action or arbitration brought by a wholesale distributor or a supplier pursuant to this chapter, other than an arbitration to determine the compensation due to a terminated distributor under RCW 19.126.040(4), the prevailing party shall be awarded its reasonable attorney's fees and costs.
[ 2009 c 155 § 4; 1984 c 169 § 6.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.126 - Wholesale Distributors and Suppliers of Spirits or Malt Beverages. › 19.126.070 - Suspension or cancellation of license or certificate.

RCW 19.126.070
Suspension or cancellation of license or certificate.
Continued violation of this chapter constitutes grounds, in the discretion of the *state liquor control board, for suspension or cancellation under RCW 66.24.010 of any license or certificate held by a supplier or its agent.
[ 1985 c 440 § 2.]
NOTES:
*Reviser's note: The "state liquor control board" was renamed the "state liquor and cannabis board" by 2015 c 70 § 3.