AN ACT Relating to
authorizing the department of transportation to manage and control a rail
transportation corridor and to enter into agreements for the purpose of
reinstituting rail service over state-owned former railroad rights of way;
amending RCW 43.51.405, 79.08.275, and 44.40.020; adding new sections to
chapter 43.51 RCW; creating new sections; providing an effective date; and providing
contingent expiration dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature intends
to complete a cross-state trail system while maintaining long-term ownership of
the Milwaukee Road corridor. In order to accomplish this, it will be
beneficial to change the management and control of certain portions of the Milwaukee
Road corridor currently managed and controlled by several state agencies and to
provide a franchise to establish and maintain a rail line. It is the intent of
the legislature that if a franchise is not agreed upon, no changes in the
current management and control shall occur.
NEW SECTION. Sec.
2. A new section is added
to chapter 43.51 RCW to read as follows:
(1) The commission
shall develop and maintain a cross-state trail facility with appropriate
appurtenances.
(2) This section
expires July 1, 1999, if the department of transportation does not enter into a
franchise agreement for a rail line over portions of the Milwaukee Road
corridor by July 1, 1999.
NEW SECTION. Sec.
3. (1) To facilitate
completion of a cross-state trail under the management of the parks and
recreation commission, management and control of lands known as the Milwaukee
Road corridor shall be transferred between state agencies as follows on the
date a franchise agreement is entered into for a rail line over portions of the
Milwaukee Road corridor:
(a) Portions owned by
the state between Ellensburg and the Columbia River that are managed by the
parks and recreation commission are transferred to the department of transportation;
(b) Portions owned by
the state between the west side of the Columbia River and Royal City Junction
and between Warden and Lind that are managed by the department of natural
resources are transferred to the department of transportation; and
(c) Portions owned by
the state between Lind and the Idaho border that are managed by the department
of natural resources are transferred to the parks and recreation commission.
(2) The department of
natural resources and the parks and recreation commission may by mutual
agreement transfer the management authority over portions of the Milwaukee Road
corridor between their two respective agencies without legislative approval if
the portion transferred does not exceed ten miles in length.
(3) This section expires
July 1, 1999, and no transfers shall occur if the department of transportation
does not enter into a franchise agreement for a rail line over portions of the
Milwaukee Road corridor by July 1, 1999.
NEW SECTION. Sec.
4. (1) The department of
transportation shall negotiate a franchise with a rail carrier to establish and
maintain a rail line over portions of the Milwaukee Road corridor owned by the
state between Ellensburg and Lind. The department of transportation may negotiate
such a franchise with any qualified rail carrier. Criteria for negotiating the
franchise and establishing the right of way include:
(a) Assurances that
resources from the franchise will be sufficient to compensate the state for use
of the property, including completion of a cross-state trail between Easton and
the Idaho border;
(b) Types of payment
for use of the franchise, including payment for the use of federally granted
trust lands in the transportation corridor;
(c) Standards for
maintenance of the line;
(d) Provisions ensuring
that both the conventional and intermodal rail service needs of local shippers
are met. Such accommodations may comprise agreements with the franchisee to
offer or maintain adequate service or to provide service by other carriers at
commercially reasonable rates;
(e) Provisions
requiring the franchisee, upon reasonable request of any other rail operator,
to provide rail service and interchange freight over what is commonly known as
the Stampede Pass rail line from Cle Elum to Auburn at commercially reasonable
rates;
(f) If any part of the
franchise agreement is invalidated by actions or rulings of the federal surface
transportation board or a court of competent jurisdiction, the remaining
portions of the franchise agreement are not affected;
(g) Compliance with
environmental standards; and
(h) Provisions for
insurance and the coverage of liability.
(2) The franchise may
provide for periodic review of financial arrangements under the franchise.
(3) The department of
transportation, in consultation with the parks and recreation commission and
the legislative transportation committee, shall negotiate the terms of the
franchise, and shall present the agreement to the parks and recreation
commission for approval of as to terms and provisions affecting the cross-state
trail or affecting the commission.
(4) This section
expires July 1, 1999, if the department of transportation does not enter into a
franchise agreement for a rail line over portions of the Milwaukee Road
corridor by July 1, 1999.
NEW SECTION. Sec.
5. A new section is added
to chapter 43.51 RCW to read as follows:
(1) The cross-state
trail account is created in the custody of the state treasurer. Eleven million
five hundred thousand dollars is provided to the state parks and recreation
commission to acquire, construct, and maintain a cross-state trail. This
amount may consist of: (a) Legislative appropriations intended for trail
development; (b) payments for the purchase of federally-granted trust lands;
and (c) franchise fees derived from use of the rail corridor. The legislature
intends that any amounts provided from the transportation fund are to be repaid
to the transportation fund from franchise fees.
(2) The department
shall deposit franchise fees from use of the rail corridor according to the
following priority: (a) To the department of transportation for actual costs
incurred in administering the franchise; (b) to the department of natural
resources as compensation for use of federally granted trust lands in the rail
corridor; (c) to the transportation fund to reimburse any amounts transferred
or appropriated from that fund by the legislature for trail development; (d) to
the cross-state trail account, not to exceed eleven million five hundred
thousand dollars, provided that this amount shall be reduced proportionate with
any funds transferred or appropriated by the 1996 legislature or paid from
franchise fees for the purchase of federally-granted trust lands or for trail
development; and (e) the remainder to the essential rail assistance account,
created under RCW 47.76.250. Expenditures from the cross-state trail account
may be used only for the acquisition, development, operation, and maintenance
of the cross-state trail. Only the director of the state parks and recreation
commission or the director's designee may authorize expenditures from the
account. The account is subject to allotment procedures under chapter 43.88
RCW, but no appropriation is required for expenditures.
(3) The commission may
acquire land from willing sellers for the cross-state trail, but not by eminent
domain.
(4) The commission
shall adopt rules describing the cross-state trail.
(5) This section
expires July 1, 1999, if the department of transportation does not enter into a
franchise agreement for a rail line over portions of the Milwaukee Road
corridor by July 1, 1999.
NEW SECTION. Sec.
6. (1) Before entering into
a final agreement to issue a franchise negotiated in accordance with section 4
of this act, the department of transportation shall submit the franchise to the
legislative transportation committee for review and approval.
(2) If the department
of transportation has not entered into a final agreement to franchise a rail
line over portions of the Milwaukee Road corridor by December 1, 1998, a report
of the progress and obstacles to such an agreement shall be made. The report
shall be submitted by December 15, 1998, to appropriate committees of the
legislature.
Sec. 7. RCW 43.51.405 and 1989 c
129 s 1 are each amended to read as follows:
Except
as provided in sections 3 and 4 of this act, management control of the
portion of the Milwaukee Road corridor, beginning at the western terminus near
Easton and concluding at the west end of the bridge structure over the Columbia
river, which point is located in section 34, township 16 north, range 23 east,
W.M., inclusive of the northerly spur line therefrom, shall be transferred by
the department of natural resources to the state parks and recreation
commission at no cost to the commission.
Sec. 8. RCW 79.08.275 and 1989 c
129 s 2 are each amended to read as follows:
Except as provided
in sections 3 and 4 of this act, the portion of the Milwaukee Road corridor
from the west end of the bridge structure over the Columbia river, which point
is located in section 34, township 16 north, range 23 east, W.M., to the Idaho
border purchased by the state shall be under the management and control of the
department of natural resources.
Sec. 9. RCW 44.40.020 and 1977
ex.s. c 235 s 5 are each amended to read as follows:
(1) The
committee is authorized and directed to continue its studies and for that
purpose shall have the powers set forth in chapter 111, Laws of 1947. The
committee is further authorized to make studies related to bills assigned to
the house and senate transportation committees and such other studies as
provided by law. The executive committee of the committee may assign
responsibility for all or part of the conduct of studies to the house and/or
senate transportation committees.
(2) The committee
may review and approve franchise agreements entered into by the department of
transportation under section 4 of this act.
NEW SECTION. Sec.
10. This act takes effect
July 1, 1996.
NEW SECTION. Sec.
11. Sections 7 and 8, chapter
. . ., Laws of 1996 (sections 7 and 8 of this act) expire July 1,
1999, if the department of transportation does not enter into a franchise
agreement for a rail line over portions of the Milwaukee Road corridor by July
1, 1999.
NEW
SECTION. Sec. 12. If any provision of this
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected.
