AN ACT Relating to a state park study of the recreational reuse of abandoned rail corridors; creating a new section; and making an appropriation.

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

NEW SECTION. Sec. 1. (1) The legislature finds that: (a) Public reuse of certain appropriate railroad rights of way no longer maintained for railroad purposes is in the public interest; (b) such reuse for public purposes should recognize all valid and existing property interests in such rights of way and compensation for such interests in the acquisition of such properties for public use; (c) the linear nature of such rights of way frequently cross numerous jurisdictional boundaries; and (d) there is a state-wide interest in investigating the multiple public uses to which such rights of way may be dedicated.

(2) The parks and recreation commission shall, no later than December 31, 1989, submit a report to the legislature on the status of public reuse of railroad properties within the state.

(a) The report shall be comprehensive and include, but shall not be limited to, state and local proposals:

(i) For conversion of abandoned railroad right of way into trails;

(ii) For acquisition, development, or maintenance of trails with public funds; and

(iii) That could expose the state or other public bodies to liability for personal injury.

(b) A trail not included in the proposal is not eligible for state or local government funding for acquisition, development, or maintenance unless such trail lies wholly within a local jurisdiction and is acquired, developed, or maintained according to a plan adopted by that local jurisdiction.

(3) In developing the proposal for implementation of the state trails plan, the director shall be advised by a state trails advisory committee, to be composed of fifteen members as follows:

(a) Six members appointed by the director representing landowner interests, including organizations of landowners adjacent to proposed trails. Two of the members shall reside east of the Cascade ridge, two of the members shall reside in Pierce, King, or Snohomish counties, and two of the members shall reside west of the Cascade ridge outside of Pierce, King, or Snohomish counties;

(b) Five members appointed by the director representing recreational users, including a state-wide outdoor sportsmen organization;

(d) One member representing municipal governments;

(e) One member representing the governor; and

(f) One member representing the commissioner of public lands.

The director and advisory committee shall also consult with other involved state and local agencies and interested persons.

(4) The director and the advisory committee shall consider and report on the following:

(a) The need for each trail or trail segment;

(b) Legal ownership and title or other right to or interest in every parcel of land included in any trail;

(d) Method of acquisition, including condemnation;

(e) Attitudes of affected landowners and other interests;

(f) Methods of mitigation of the impact of the trail upon affected landowners, and the cost of mitigation;

(g) Cost of developing the trail;

(h) Cost of maintaining the trail; and

(i) Exposure to liability for personal injury on the part of the state or other public bodies.

Possible future physical or regulatory expansion of a trail shall be included in consideration of the items listed in (a) through (i) of this subsection.

(5) The proposal for implementation of the state trails plan shall be reviewed and updated by the director and the advisory committee and a report made to the legislature at least once every five years, with the first report to be made no later than December 1, 1990.

NEW SECTION. Sec. 2. The sum of twenty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the parks and recreation commission for the purposes of this act.