NEW SECTION. Sec. 1. (1) The legislature finds that railroad carriers are continuously increasing the length of trains on the railroads operating within our state. Trains of 10,000 to 15,000 feet in length are regularly traversing throughout our state, while trains greater than 20,000 feet in length have been operating within this state and their operation has become commonplace in other states.

(2) Excessively long trains operating over the unique and widely varying geographical terrain existing in Washington create a significant safety risk to the public, and the environment, especially considering that railroad infrastructure and operational technologies do not exist to ensure the safe movement of excessively long trains. The state has an obligation and the authority to ensure railroad operational safety, security, and in the event of a hazardous material incident, support of first responder activities as well as the interest of the safety of our communities, the expeditious response of emergency services, as well as the health and welfare of passengers, the public, and railroad employees.

(3) Therefore, the legislature declares that this act regulating the length of trains to reduce risk to the public and our localities constitutes an exercise of the state's police power to protect and promote the health, safety, security, and welfare of the residents of the state by reducing the risk exposure to local communities and protecting environmentally sensitive and/or pristine lands and waterways.

(2) "Railroad carrier" means a carrier of persons or property upon vehicles, other than streetcars, operated upon stationary rails, the route of which is principally outside incorporated cities and towns. "Railroad carrier" includes any officers and agents of the railroad carrier.

(3) "Rail yards, terminals, and facilities" means any railroad facility owned, operated, leased, or rented that is utilized by a railroad company and includes facilities of foreign railroads where the railroad company operating a train has existing trackage rights allowing operation and use pursuant to federal regulatory records.

NEW SECTION. Sec. 3. (1) No person, corporation, company, or officer of the court operating any railroad, railway, or any part of any railroad or railway, and engaged as a common carrier, in the transportation of freight or passengers, shall operate, run, permit to be run anywhere over its roads, including on any part of a main track or branch line, or yard, any freight, passenger, or work train exceeding 7,500 feet in length in the state of Washington, except by approval and order of the commission pursuant to section 4(4) of this act.

(3) All trains entering the state of Washington from jurisdictions outside of the state of Washington operated by railroad companies having rail yards, terminals, or facilities, located outside the state that are within 30 miles of the state borders shall not enter this state unless the length of the train complies with this section.

(4) If the operating railroad has no yards, terminals, or facilities located within 30 miles outside of the borders of Washington state, the railroad company may continue to operate a noncomplying train within this state only to the closest location on the road where excess railcars and motors can be set out to reduce the length of the train to comply with this section.

(2) Any person, corporation, company, or officer of the court operating any railroad, or part of any railroad or railway within the state of Washington, and engaged as a common carrier, in the transportation of freight or passengers, who violates any of the provisions of section 3 of this act is subject to fines of not less than $25,000 for the first offense; not less than $250,000 for the second offense; and for each and every subsequent offense, the penalty is doubled from the previous violation as determined by the commission through order.

(4) Pursuant to the safety provisions of RCW 81.40.025(4), the commission may consider and determine whether to authorize by order railroad carrier requests to operate trains on roads exceeding 7,500 feet in length, up to a maximum of 10,000 feet in length on specified routes and direction of travel, provided additional crewmembers are assigned to the train, with no less than one additional crewmember positioned on the rear of excess length trains to observe the forward movement and monitor the safe operation of such trains to respond to any issues that become apparent enroute, on board rolling equipment equipped with an accessible air brake release valve and installed mobile radio to ensure communication with other members of the crew, train dispatchers, that are capable of establishing direct voice communication with government emergency response agencies and responders.

(a) Commission authorizations granted pursuant to this section shall expire after three years and may be renewed; the commission is authorized to establish, impose, and collect fees from railroad companies to recover the full agency expenditures necessary to consider, review, determine, and renew carrier requests to operate excess length trains.

(b) Violations of commission authorizations are subject to the penalties of this section. However, if a violation results in a serious injury or fatality, the commission may exercise its authority pursuant to RCW 81.40.150(4) to impose fines exceeding the provisions of this section.

NEW SECTION. Sec. 5. 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.