H-1070.1 _______________________________________________
HOUSE BILL 1693
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State of Washington 57th Legislature 2001 Regular Session
By Representative Ericksen
Read first time 02/01/2001. Referred to Committee on Transportation.
AN ACT Relating to commercial ferry operators; and amending RCW 47.60.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 47.60.120 and 1993 c 427 s 1 are each amended to read as follows:
(1) If the department acquires or constructs, maintains, and operates any ferry crossings upon or toll bridges over Puget Sound or any of its tributary or connecting waters, there shall not be constructed, operated, or maintained any other ferry crossing upon or bridge over any such waters within ten miles of any such crossing or bridge operated or maintained by the department excepting such bridges or ferry crossings in existence, and being operated and maintained under a lawfully issued franchise at the time of the location of the ferry crossing or construction of the toll bridge by the department.
(2) The ten-mile distance in subsection (1) of this section means ten statute miles measured by airline distance. The ten-mile restriction shall be applied by comparing the two end points (termini) of a state ferry crossing to those of a private ferry crossing.
(3) A commercial ferry operator may apply to the Washington utilities and transportation commission under chapter 81.84 RCW for a waiver from the ten-mile restriction.
(a) If the application is for operation of passenger-only service along a route that is not served by the Washington state ferry system at the time of the application, the commission shall grant the waiver. For purposes of this section, a route is not served by the Washington state ferry system if the system does not provide service between two termini that are each within ten miles of the termini of the route proposed by the commercial ferry operator.
(b) If the application is for providing a service other than that described in (a) of this subsection, the Washington utilities and transportation commission may, upon written petition of a commercial ferry operator certificated or applying for certification under chapter 81.84 RCW, and upon notice and hearing, grant a waiver from the ten-mile restriction. The waiver must not be detrimental to the public interest. In making a decision to waive the ten-mile restriction, the commission shall consider, but is not limited to, the impact of the waiver on transportation congestion mitigation, air quality improvement, and the overall impact on the Washington state ferry system. The commission shall act upon a request for a waiver within ninety days after the conclusion of the hearing.
(4) A waiver is effective for a period of five years from the date of issuance. At the end of five years the waiver becomes permanent unless appealed within thirty days by the commission on its own motion, the department, or an interested party.
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(5) The department shall not maintain and operate any ferry crossing or
toll bridge over Puget Sound or any of its tributary or connecting waters that
would infringe upon any franchise lawfully issued by the state and in existence
and being exercised at the time of the location of the ferry crossing or toll
bridge by the department, without first acquiring the rights granted to such
franchise holder under the franchise.
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