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.
