H-3582              _______________________________________________

                                                   HOUSE BILL NO. 2649

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

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

Read first time 1/17/90 and referred to Committee on Transportation.

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 forty-five days of receipt of the notice of conditions, if any, the department places upon the salvage operation, or required changes to any railroad improvements, within the right of way of the state highway, county road, or city street.  These conditions may specify:  (1) The removal of track, structures, and other improvements and restoration of the area; or (2) permit retention of tracks, structures, or other improvements within the right of way; or (3) a combination of the conditions permitted by subsections (1) and (2) of this section.  As part of any salvage operation, the railroad must comply with conditions or changes as specified by the department.  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.