AN
ACT Relating to extending the negotiation period for the Milwaukee Road
corridor franchise agreement; amending RCW 43.51.112, 43.51.1121, 43.51.113,
and 43.51.114; amending 1996 c 129 s 11 (uncodified); providing contingent
expiration dates; and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
43.51.112 and 1996 c 129 s 2 are each amended to read as follows:
(1)
The commission shall develop and maintain a cross-state trail facility with
appropriate appurtenances.
(2)
This section expires July 1, ((1999)) 2006, if the department of
transportation does not enter into a franchise agreement for a rail line over
portions of the Milwaukee Road corridor by July 1, ((1999)) 2006.
Sec.
2. RCW
43.51.1121 and 1996 c 129 s 3 are each amended to read as follows:
(1)
To facilitate completion of a cross-state trail under the management of the
parks and recreation commission, management and control of lands known as the
Milwaukee Road corridor shall be transferred between state agencies as follows
on the date a franchise agreement is entered into for a rail line over portions
of the Milwaukee Road corridor:
(a)
Portions owned by the state between Ellensburg and the Columbia river that are
managed by the parks and recreation commission are transferred to the
department of transportation;
(b)
Portions owned by the state between the west side of the Columbia river and
Royal City Junction and between Warden and Lind that are managed by the
department of natural resources are transferred to the department of
transportation; and
(c)
Portions owned by the state between Lind and the Idaho border that are managed
by the department of natural resources are transferred to the parks and
recreation commission.
(2)
The department of natural resources and the parks and recreation commission may
by mutual agreement transfer the management authority over portions of the
Milwaukee Road corridor between their two respective agencies without
legislative approval if the portion transferred does not exceed ten miles in
length.
(3)
This section expires July 1, ((1999)) 2006, and no transfers
shall occur if the department of transportation does not enter into a franchise
agreement for a rail line over portions of the Milwaukee Road corridor by July
1, ((1999)) 2006.
Sec.
3. RCW
43.51.113 and 1996 c 129 s 4 are each amended to read as follows:
(1)
The department of transportation shall negotiate a franchise with a rail
carrier to establish and maintain a rail line over portions of the Milwaukee
Road corridor owned by the state between Ellensburg and Lind. The department
of transportation may negotiate such a franchise with any qualified rail
carrier. Criteria for negotiating the franchise and establishing the right of
way include:
(a)
Assurances that resources from the franchise will be sufficient to compensate
the state for use of the property, including completion of a cross-state trail
between Easton and the Idaho border;
(b)
Types of payment for use of the franchise, including payment for the use of
federally granted trust lands in the transportation corridor;
(c)
Standards for maintenance of the line;
(d)
Provisions ensuring that both the conventional and intermodal rail service
needs of local shippers are met. Such accommodations may comprise agreements
with the franchisee to offer or maintain adequate service or to provide service
by other carriers at commercially reasonable rates;
(e)
Provisions requiring the franchisee, upon reasonable request of any other rail
operator, to provide rail service and interchange freight over what is commonly
known as the Stampede Pass rail line from Cle Elum to Auburn at commercially
reasonable rates;
(f)
If any part of the franchise agreement is invalidated by actions or rulings of
the federal surface transportation board or a court of competent jurisdiction,
the remaining portions of the franchise agreement are not affected;
(g)
Compliance with environmental standards; and
(h)
Provisions for insurance and the coverage of liability.
(2)
The franchise may provide for periodic review of financial arrangements under
the franchise.
(3)
The department of transportation, in consultation with the parks and recreation
commission and the legislative transportation committee, shall negotiate the
terms of the franchise, and shall present the agreement to the parks and
recreation commission for approval of as to terms and provisions affecting the
cross-state trail or affecting the commission.
(4)
This section expires July 1, ((1999)) 2006, if the department of
transportation does not enter into a franchise agreement for a rail line over
portions of the Milwaukee Road corridor by July 1, ((1999)) 2006.
Sec.
4. RCW
43.51.114 and 1996 c 129 s 5 are each amended to read as follows:
(1)
The cross-state trail account is created in the custody of the state
treasurer. Eleven million five hundred thousand dollars is provided to the
state parks and recreation commission to acquire, construct, and maintain a
cross-state trail. This amount may consist of: (a) Legislative appropriations
intended for trail development; (b) payments for the purchase of federally
granted trust lands; and (c) franchise fees derived from use of the rail
corridor. The legislature intends that any amounts provided from the
transportation fund are to be repaid to the transportation fund from franchise
fees.
(2)
The department shall deposit franchise fees from use of the rail corridor
according to the following priority: (a) To the department of transportation
for actual costs incurred in administering the franchise; (b) to the department
of natural resources as compensation for use of federally granted trust lands
in the rail corridor; (c) to the transportation fund to reimburse any amounts
transferred or appropriated from that fund by the legislature for trail
development; (d) to the cross-state trail account, not to exceed eleven million
five hundred thousand dollars, provided that this amount shall be reduced
proportionate with any funds transferred or appropriated by the 1996
legislature or paid from franchise fees for the purchase of federally granted trust
lands or for trail development; and (e) the remainder to the essential rail
assistance account, created under RCW 47.76.250. Expenditures from the
cross-state trail account may be used only for the acquisition, development,
operation, and maintenance of the cross-state trail. Only the director of the
state parks and recreation commission or the director's designee may authorize
expenditures from the account. The account is subject to allotment procedures
under chapter 43.88 RCW, but no appropriation is required for expenditures.
(3)
The commission may acquire land from willing sellers for the cross-state trail,
but not by eminent domain.
(4)
The commission shall adopt rules describing the cross-state trail.
(5)
This section expires July 1, ((1999)) 2006, if the department of
transportation does not enter into a franchise agreement for a rail line over
portions of the Milwaukee Road corridor by July 1, ((1999)) 2006.
Sec. 5. 1996
c 129 s 11 (uncodified) is amended to read as follows:
Sections
7 and 8, chapter 129, Laws of 1996 expire July 1, ((1999)) 2006,
if the department of transportation does not enter into a franchise agreement
for a rail line over portions of the Milwaukee Road corridor by July 1, ((1999))
2006.
NEW SECTION. Sec. 6. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect immediately.
