AN ACT Relating to railroad community notice requirements; and adding a new section to chapter 81.48 RCW.

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

NEW SECTION.  Sec. 1.  A new section is added to chapter 81.48 RCW to read as follows:

(1) At least ten days prior to taking any planned action that may have a significant impact on a community, railroad companies must notify, in writing, the commission of the planned action.

(2) The notice must contain a heading with the words "important notice" in prominent type and contain, at a minimum, the following:

(a) Date the notice is issued;

(b) A clear explanation of the type of planned event;

(c) Specific location of the event;

(d) An estimation of the start and completion date of the event;

(e) Any additional information that will assist the community to plan for the event; and

(f) Railroad company contact person and phone number.

(3) Within one business day of receiving notice in writing from a railroad company of a planned action with a significant impact, the commission must notify, in writing, the governing authority of the community on which the planned action will have a significant impact, as well as any other entities the commission finds it will be of substantial benefit to the community impacted to notify. The notice must include all of the information provided by the railroad company in its notice to the commission.

(4) If a railroad company fails to notify the commission of the planned action, the commission may pursue the following to the maximum extent permitted under federal law: Administrative actions including, but not limited to, issuing defect notices to railroad companies, reports and recommendations to the federal railroad administration, warnings, sanctions, and penalty assessments.

(5) As used in this section, "planned action" means a maintenance or repair activity by a railroad company that is scheduled in advance to occur on a specific day or days and that is not dependent on the occurrence of generally unpredictable factors. A "planned action" does not include maintenance or repair activities undertaken to address immediate safety hazards or emergencies, or maintenance or repair activities that are undertaken because the opportunity to do so is unexpectedly presented.

(6) As used in this section, "significant impacts" means impacts that may significantly disrupt the use of a public roadway or that are likely to result in a high level of noise sustained for a significant period of time in populated areas that is likely to interfere with the daily activities, including work and sleep, of people in the vicinity of the maintenance or repair activity.

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