H-1154              _______________________________________________

                                                   HOUSE BILL NO. 1813

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Jones, Walk, S. Wilson, Hargrove, D. Sommers, R. Fisher, Beck, Cole, Moyer, McLean, Sayan, Todd, Crane, Brekke, Locke, Jacobsen, Braddock, H. Sommers, Wineberry, Valle, Heavey, Cooper, Wood, Nelson, Hankins, Haugen, G. Fisher, Day, Zellinsky, Baugher, Smith, R. Meyers, Walker, Gallagher, Cantwell, Prentice, Winsley, May, Pruitt, Scott, Brumsickle, Miller, P. King, Spanel and K. Wilson

!ae160Read first time 2/6/89 and referred to Committee on Transportation.

AN ACT Relating to railroad abandonment; and adding new sections to chapter 47.76 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     A railroad that proposes to eliminate railroad service along a rail line in this state, or  divest itself of rail corridor property for use other than as a rail corridor shall, one hundred twenty days before the cessation of that service notify the governor, the utilities and transportation commission, and the department of transportation of its intent to abandon, terminate service, or divest itself of rail corridor property for use other than as a rail corridor.

NEW SECTION. Sec. 2.     The department shall evaluate the proposed abandonment or cessation of service through notification of, and in coordination with, affected state agencies, local agencies in which the service or property is located, and other affected persons.  The evaluation shall include, but is not limited to, the following issues with regard to the corridor abandonment or cessation of operations:

          (1)  Department responsibilities in accordance with RCW 47.76.030 and section 8, chapter ____ (_B ___ (Z-493/89)), Laws of 1989, if enacted;

          (2)  Potential use as a public utility or transportation corridor as defined in 49 U.S.C., Sec. 10906;

          (3) Impact on the state, local governments, and commerce within the area;

          (4) Public health and safety, including hazards from structures and culverts and necessary remedial actions;

          (5)  Future public liability for structures for over or under crossings by railroads of public highways, or railroad grade crossings of public highways.

          As part of the evaluation, the department shall notify and solicit comment from affected state agencies, local agencies in which the service or property is located, and other affected persons.  The department shall involve the public during the evaluation and shall solicit comment on the proposal.

NEW SECTION. Sec. 3.     Within one hundred twenty days of the original abandonment or cessation of service, the department shall notify the affected railroad and affected agencies of its findings regarding  the proposed abandonment or cessation of service.  For those issues that will result in a public or private liability, the department may place reasonable terms and conditions on the railroad company regarding actions that must be taken by the railroad, such as (1) grade crossing removal and restoration, (2) structure removal, (3) track and tie removal, and (4) contour grading.

NEW SECTION. Sec. 4.     Sections 1 through 3 of this act are added to chapter 47.76 RCW.

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.