BP BHEAD INT S [atlas:bill]

AN ACT Relating to railroad corridors acquired by state agencies for trail use; adding a new chapter to Title 81 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that state agencies have acquired railroad corridors under the national trails system act to preserve railroad corridors for future railroad use and to provide interim trail use. The legislature also finds that such railroad corridors are surrounded by privately owned properties, or contain easements across privately owned properties, and that the operation of the corridors can significantly affect these properties. The purpose of this chapter is to establish minimum requirements for the management and operation of such corridors in order to protect privately owned property.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "State agency" means and includes every state office, department, division, board, or commission.

(2) "National trails system act" means section 1247 of the national trails system act, 16 U.S.C. Sec. 1247.

(3) "Railroad corridor" means railroad rights-of-way acquired by a state agency under the national trails system act for interim trail use.

NEW SECTION. Sec. 3. A state agency that has acquired a railroad corridor under the national trails system act shall manage and operate the corridor in compliance with the requirements of this section.

(1) The agency shall comply with all applicable rules and standards for the control of noxious weeds under chapters 17.04 and 17.10 RCW.

(2) The agency shall, at a minimum, maintain, reconstruct, or replace fences, or pay the costs of maintaining, reconstructing, or replacing fences, in the same manner as when the corridor was most recently managed and operated to support active railroad service. This may include, but is not limited to, maintaining or constructing fences where the full cost of such maintenance or construction is borne by the state agency, providing fencing materials to adjacent landowners, or otherwise sharing the costs of maintaining or constructing fencing with adjacent landowners. Fences provided under this subsection shall be adequate to control livestock access to the trail.

(3) The agency shall prohibit access to the trail, or affected portions of the trail, during hunting seasons.

(4) The agency shall regularly patrol the trail and enforce trail use rules that, at a minimum, prohibit littering, vandalism, disturbing livestock, lighting fires, and trespassing upon privately owned property. The agency shall post informational signs at each trail entrance to notify trail users that the trail crosses privately owned property and that use of the trail is a revocable privilege.

NEW SECTION. Sec. 4. State agencies shall develop long-term implementation plans and budgets to meet the requirements of section 3 of this act for each railroad corridor acquired under the national trails system act. Each plan and budget shall be developed in consultation with an advisory committee composed of owners of properties adjacent to the corridor as well as representatives from trail user groups. Plans and long-term budgets shall be submitted to the appropriate standing committees of the legislature by January 1, 1999.

NEW SECTION. Sec. 5. An owner of property located immediately adjacent to a railroad corridor may register a formal complaint with the state agency managing the corridor regarding compliance with the requirements in section 3 of this act. The complaint shall describe the place and time of any violations, and may include a request that the violation be corrected. Within thirty days of receiving a complaint under this section, state agencies shall respond to the complainant with a plan for meeting the requirement, or, if the agency believes that it is in compliance with the requirement, documentation of such compliance.

NEW SECTION. Sec. 6. (1) Beginning July 1, 2001, an owner of property located immediately adjacent to a railroad corridor may file an action in the superior court of the county in which the property is located requesting a declaration of whether the state agency managing the railroad corridor is substantially meeting the requirements of section 3 of this act. Except as otherwise provided by this section, an action filed under this section is governed by chapter 7.24 RCW and applicable court rules.

(2) The superior court shall hold a hearing on the action within ninety days of the filing of the action, absent a showing of good cause or stipulation of the parties.

(3) In an action filed under subsection (1) of this section, if the court determines that the state agency is not substantially meeting the requirements of section 3 of this act, the court shall issue an order to the state agency to expeditiously dispose of any rights to or ownership of the railroad corridor properties within the county in which the petition is filed, pursuant to applicable federal and state requirements. Within thirty days of such order, the agency shall notify the federal surface transportation board under 49 C.F.R. Sec. 1152.29, or subsequent regulations, of its intent to terminate trail use and vacate the certificate of interim trail use or notice of interim trail use for the portion of the railroad corridor within the county in which the petition is filed. The state agency shall not file a statement with the federal surface transportation board to transfer responsibility for the affected portion of the railroad corridor to another entity for use as a trail.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act constitute a new chapter in Title 81 RCW.

NEW SECTION. Sec. 8. 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.