H-4355              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 2649

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By House Committee on Transportation (originally sponsored by Representatives Jones, R. Fisher, Prince, Wood, Zellinsky, D. Sommers and Basich)

Read first time 2/2/90.

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

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

NEW SECTION. Sec. 1.  A new section is added to chapter 47.76 RCW to read as follows:

          A railroad or its successor in interest to salvage rights shall provide the department written notice sixty days before beginning any salvage of track or improvements along an abandoned rail line that crosses a state highway, county road, or city street.

          The department shall notify the railroad within thirty days of receipt of the notice of conditions, if any, the department places upon the salvage operation within the area common to the right of way of the railroad and the right of way of the state highway, county road, or city street.  These conditions shall relate to removal or retention of track, structures, and other improvements from the public right of way and restoration of the public right of way to a condition consistent with the surrounding public right of way.  Conditions prescribed by the department shall not conflict with provisions as to salvage contained in any agreement, franchise, lease, license, or undertaking entered into between a railroad and the body having jurisdiction over the affected public right of way.  In evaluating the salvage operation and before placing conditions on the railroad's salvage operation, the department shall consult with affected state and local agencies.

          For the purposes of this section, "salvage" means the dismantling and removal of railroad materials.