READ FIRST TIME 02/12/08.   

     AN ACT Relating to the disposition of publicly owned railroad infrastructure; adding a new chapter to Title 81 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   As used in this chapter, "railroad infrastructure" includes any trackage, railroad appurtenance, passenger boarding platform or station, switching yard, siding, grade crossing device, or signalization device.

NEW SECTION.  Sec. 2   (1) A local government, port district, rail district, or other special purpose district may not remove or disassemble railroad infrastructure that it owns, operates, or controls within the state of Washington, except: (a) To comply with statutory obligations; (b) if the removal or disassembly is incident to a fully funded plan to realign or improve the railroad infrastructure within five years; (c) to remove unused rail infrastructure incident to legislatively authorized capital construction; (d) incident to a project for which thirty percent or more of the preliminary engineering is complete as of the effective date of this act; or (e) as authorized by express, prior approval of the legislature.
     (2) A local government, port district, rail district, or other special purpose district may not sell, lease, assign, or otherwise dispose of the whole or any part of railroad infrastructure that it owns, operates, or controls within the state of Washington, unless the sale, lease, assignment, or disposal is: (a) To a local government, port district, rail district, or other special purpose district, and subject to the restrictions of this section; (b) pursuant to an interlocal agreement among local governments, port districts, rail districts, or other special purpose districts regarding the sustained use of the railroad infrastructure; (c) incident to legislatively authorized capital construction; (d) incident to a project for which thirty percent or more of the preliminary engineering is complete as of the effective date of this act; or (e) authorized by express, prior approval of the legislature.
     (3) Subsections (1) and (2) of this section apply to railroad infrastructure: (a) That is not subject to the jurisdiction of the federal surface transportation board or its successor entity; (b) for which the jurisdiction of the federal surface transportation board, or its successor entity, has terminated; or (c) where regulation of the railroad infrastructure by the state of Washington does not interfere with interstate rail operations.

NEW SECTION.  Sec. 3   (1) The department of transportation shall notify the office of financial management and the transportation committees of the house of representatives and senate if railroad infrastructure is removed, disassembled, sold, leased, assigned, or disposed of in violation of section 2 of this act.
     (2) The office of financial management shall report to the transportation committees of the house of representatives and senate the sources and amounts, if any, of state revenue or funding provided to any entity that violates section 2 of this act.

NEW SECTION.  Sec. 4   (1) If a local government, port district, rail district, or other special district violates section 2 of this act, the department of transportation shall determine the replacement cost of the rail infrastructure removed, disassembled, sold, leased, assigned, or otherwise disposed of.
     (2) Any local government, port district, rail district, or other special district that violates section 2 of this act shall pay a monetary penalty equal to double the amount of the replacement cost determined by the department of transportation under subsection (1) of this section.
     (3) Any monetary penalty paid under this section must be deposited into the transportation infrastructure account created under RCW 82.44.190 and distributed for rail capital improvements only.

NEW SECTION.  Sec. 5   Sections 1 through 4 of this act constitute a new chapter in Title 81 RCW.