6518-S

AN ACT Relating to completing a cross-state trail system by changing management and control of property and establishing a franchise for rail line rights of way; amending RCW 43.51.405 and 79.08.275; 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; and

(b) 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;

(b) Types of payment for use of the franchise;

(d) Access issues, including consideration of the potential benefits to be derived from access by various and competitive rail carriers;

(e) Compliance with environmental standards; and

(f) 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 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. The department of transportation shall deposit revenues from fees collected for use of the state's Milwaukee Road corridor into the account until the parks and recreation commission has received adequate funds to (a) replace portions of land converted to rail use; (b) acquire necessary properties to complete the cross-state trail between Easton and the Idaho border; and (c) provide maintenance on the cross-state trail over the term of the franchise agreement. The department of transportation may retain an administrative fee to cover the actual costs of administering the franchise. Any residual amount shall be deposited into the essential rail assistance account, created under RCW 47.76.250. Expenditures from the 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.

(2) The commission may acquire land from willing sellers for the cross-state trail, but not by eminent domain.

(3) The commission shall adopt rules describing the cross-state trail.

(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. 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.

NEW SECTION. Sec. 9. This act shall take effect July 1, 1996.

NEW SECTION. Sec. 10. 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. 11. 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.