AN
ACT Relating to emergency grants to flood-damaged short-line or light-density
railroads; amending RCW 47.76.250; creating new sections; and declaring an
emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that damage to light-density rail lines caused by recent
flooding threatens public safety and the economic survival of several rail
lines in the state. Therefore, the legislature intends to make an emergency
exception to its policy of providing only loans to privately held rail lines.
It is the further intent of the legislature that once the damages caused by the
recent flooding have been sufficiently mitigated to restore these rail lines to
safe operation, this emergency exception expires.
Sec.
2. RCW
47.76.250 and 1995 c 380 s 6 are each amended to read as follows:
(1)
The essential rail assistance account is created in the state treasury. Moneys
in the account may be appropriated only for the purposes specified in this
section.
(2)
Moneys appropriated from the account to the department of transportation may be
used by the department or distributed by the department to cities, county rail
districts, counties, economic development councils, and port districts for the
purpose of:
(a)
Acquiring, rebuilding, rehabilitating, or improving rail lines;
(b)
Purchasing or rehabilitating railroad equipment necessary to maintain essential
rail service;
(c)
Constructing railroad improvements to mitigate port access or mainline
congestion;
(d)
Construction of loading facilities to increase business on light density lines
or to mitigate the impacts of abandonment;
(e)
Preservation, including operation, of light density lines, as identified by the
Washington state department of transportation, in compliance with this chapter;
or
(f)
Preserving rail corridors for future rail purposes by purchase of rights of
way. The department shall first pursue transportation enhancement program
funds, available under the federal surface transportation program, to the
greatest extent practicable to preserve rail corridors. Purchase of rights of
way may include track, bridges, and associated elements, and must meet the
following criteria:
(i)
The right of way has been identified and evaluated in the state rail plan
prepared under this chapter;
(ii)
The right of way may be or has been abandoned; and
(iii)
The right of way has potential for future rail service.
(3)
The department or the participating local jurisdiction is responsible for
maintaining any right of way acquired under this chapter, including provisions
for drainage management, fire and weed control, and liability associated with
ownership.
(4)
Nothing in this section impairs the reversionary rights of abutting landowners,
if any, without just compensation.
(5)
The department, cities, county rail districts, counties, and port districts may
grant franchises to private railroads for the right to operate on lines
acquired under this chapter.
(6)
The department, cities, county rail districts, counties, and port districts may
grant trackage rights over rail lines acquired under this chapter.
(7)
If rail lines or rail rights of way are used by county rail districts, port
districts, state agencies, or other public agencies for the purposes of rail
operations and are later abandoned, the rail lines or rail rights of way cannot
be used for any other purposes without the consent of the underlying fee title
holder or reversionary rights holder, or until compensation has been made to
the underlying fee title holder or reversionary rights holder.
(8)
The department of transportation shall develop criteria for prioritizing
freight rail projects that meet the minimum eligibility requirements for state
assistance under RCW 47.76.240. The department shall develop criteria in
consultation with the Washington state freight rail policy advisory committee.
Project criteria should consider the level of local financial commitment to the
project as well as cost/benefit ratio. Counties, local communities, railroads,
shippers, and others who benefit from the project should participate
financially to the greatest ((extend [extent])) extent
practicable.
(9)
Moneys received by the department from franchise fees, trackage rights fees,
and loan payments shall be redeposited in the essential rail assistance
account. Repayment of loans made under this section shall occur within a
period not longer than fifteen years, as set by the department. The repayment
schedule and rate of interest, if any, shall be determined before the
distribution of the moneys.
(10)
The state shall maintain a contingent interest in any equipment, property, rail
line, or facility that has outstanding grants or loans. The owner may not use
the line as collateral, remove track, bridges, or associated elements for
salvage, or use it in any other manner subordinating the state's interest
without permission from the department.
(11)
Moneys distributed under this chapter should be provided as loans wherever
practicable. Except as provided by section 3 of this act, for
improvements on or to privately owned railroads, railroad property, or other
private property, moneys distributed shall be provided solely as loans.
NEW
SECTION. Sec. 3. The
department of transportation may, for the period ending December 31, 1996,
provide financial grants to short-line or light-density railroads to repair
damages and to restore lines disrupted by storms and subsequent floods that
occurred in February 1996.
NEW
SECTION. Sec. 4. 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.
