SENATE BILL REPORT
SHB 2649
BYHouse Committee on Transportation (originally sponsored by Representatives 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
Senate Committee on Transportation
Senate Hearing Date(s):February 22, 1990
Majority Report: Do pass as amended.
Signed by Senators Patterson, Chairman; Thorsness, Vice Chairman; von Reichbauer, Vice Chairman; Bender, Conner, DeJarnatt, Hansen, McMullen, Madsen, Murray, Patrick, Sellar.
Senate Staff:Gene Baxstrom (786-7303)
February 26 1990
AS REPORTED BY COMMITTEE ON TRANSPORTATION, FEBRUARY 22, 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 may 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 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:
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.
Appropriation: none
Revenue: none
Fiscal Note: none requested
SUMMARY OF PROPOSED SENATE AMENDMENT:
It is clarified that conditions for removal or retention of improvements apply only to railroad owned improvements.
Senate Committee - Testified: Pat Halstead, Class One Railroads; Jim Shanafelt, DPT; Craig Olson, Association of Washington Cities; Robert Moorhead, City of Olympia