[atlas:bill]

AN ACT Relating to passenger-only ferries; and amending RCW 47.60.120 and 47.64.090.

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 applying commercial ferry operator is applying to operate passenger-only ferry service along a route that is not served by Washington State Ferries at the time of the application, the commission shall grant the waiver. For purposes of this section, a route is not served by Washington State Ferries if Washington State Ferries 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 applying commercial ferry operator is applying to provide 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 granted under subsection (3) of this section 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.

((~~(4)~~)) (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.

Sec. 2. RCW 47.64.090 and 1983 c 15 s 27 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, if any party assumes the operation and maintenance of any ferry or ferry system by rent, lease, or charter from the department of transportation, such party shall assume and be bound by all the provisions herein and any agreement or contract for such operation of any ferry or ferry system entered into by the department shall provide that the wages to be paid, hours of employment, working conditions, and seniority rights of employees will be established by the marine employees' commission in accordance with the terms and provisions of this chapter and it shall further provide that all labor disputes shall be adjudicated in accordance with chapter 47.64 RCW.

(2) If a commercial ferry operator is operating a passenger-only ferry service and has received a waiver under RCW 47.60.120(3), the operator may enter into an agreement with Washington State Ferries to rent or lease terminal space for purposes of loading and unloading the passenger-only ferry. A commercial ferry operator who qualifies under this subsection is not subject to the restrictions of subsection (1) of this section.