HOUSE BILL REPORT

HB 2649

BYRepresentatives Jones, R. Fisher, Prince, Wood, Zellinsky, D. Sommers and Basich

Authorizing the department of transportation to place conditions on rail line salvage.

House Committe on Transportation

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (23)

      Signed by Representatives R. Fisher, Chair; Baugher, Vice Chair, Eastern Washington; R. Meyers, Vice Chair, Western Washington; Schmidt, Ranking Republican Member; Basich, Bennett, Betrozoff; Cantwell, Cooper, Day, G. Fisher, Forner, Gallagher, Jones, Kremen, Nelson, Prentice, Smith, D. Sommers, Todd, Walker, S. Wilson and Zellinsky.

Minority Report:  Do not pass.  (1)

      Signed by Representative Hankins.

House Staff:Gene Baxstrom (786-7303)

AS REPORTED BY COMMITTEE ON TRANSPORTATION FEBRUARY 1, 1990

BACKGROUND:

In most cases, when rail lines are abandoned, the tracks and ties along the line are salvaged.  Where the rail line and public roadways cross, there may or not be agreements governing requirements concerning the removal of railroad track, ballast, and other railroad improvements such as structures located within the public road right of way.

In some instances the rail may simply be cut at each end where it crosses roadway pavement and the rail left in place, or structures may be left in place.  These can cause a hazard until removed.  At times this rail removal, structure removal or restoration of the roadway is at public expense.

SUMMARY:

SUBSTITUTE BILL:  Railroads salvaging abandoned rail lines may be required by the Department of Transportation (DOT) to remove or alter railroad improvements located on public roadway rights of way when those rail lines are salvaged.  Railroads or their successors in interest are required to notify the DOT 60 days prior to starting any salvage of track or improvements along an abandoned rail line when that line crosses a state highway, county road or city street.

The DOT must notify the railroad of any conditions that it places on the salvage operation or changes in improvements located in an area common to the railroad right of way and the public right of way.  This notice must be within 30 days of the railroad's notice to the DOT.  Conditions shall relate to retention or removal of track, structures and other improvements and may not conflict with existing agreements relating thereto.

In evaluating the salvage operation, the DOT is to consult with affected state and local agencies.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The time for the DOT to respond to railroads is reduced from 45 to 30 days after notification.  Language is clarified that conditions related to salvage operations apply only to the area common of the intersection of highway and railroad rights of way, and that conditions cannot conflict with other agreements.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Craig Olson, Association of Washington Cities; Bob Moorhead, City of Olympia; Jim Shanafelt, Department of Transportation; Pat Halstead, Washington Railroad Association; and Fred Wert, Rails to Trails Conservancy.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    This legislation is necessary to address the problem of rails and structures being left on public rights of way after railroad salvage operations.

House Committee - Testimony Against:      None.