title: RCW 47.68.250

text:
(1) Every aircraft, inclusive of commercial unpiloted aircraft systems, must be registered with the department for each calendar year in which the aircraft is operated or is based within this state. A fee of fifteen dollars is charged for each such registration and each annual renewal thereof.
(2) The department must review the fee schedule based on the number of unpiloted aircraft systems registered under any single entity. Consideration should be given to the cost to administer the program and the number of commercial aircraft registered in the state. The department shall collaborate with the department of commerce, the department of revenue, and industry representatives in determining any recommendations to revise the initial fee. The report is due to the transportation committees of the legislature by December 1, 2022.
(3) Possession of the appropriate effective federal certificate, permit, rating, or license relating to ownership and airworthiness of the aircraft, and payment of the excise tax imposed by Title 82 RCW for the privilege of using the aircraft within this state during the year for which the registration is sought, and payment of the registration fee required by this section are the only requisites for registration of an aircraft under this section.
(4) The registration fee imposed by this section is payable to and collected by the secretary. The fee for any calendar year must be paid during the month of January, and collected by the secretary at the time of the collection by him or her of the excise tax. If the secretary is satisfied that the requirements for registration of the aircraft have been met, he or she must issue to the owner of the aircraft a certificate of registration therefor. The secretary must pay to the state treasurer the registration fees collected under this section, which registration fees must be credited to the aeronautics account.
(5) It is not necessary for the registrant to provide the secretary with originals or copies of federal certificates, permits, ratings, or licenses. The secretary must issue certificates of registration, or such other evidences of registration or payment of fees as he or she may deem proper; and in connection therewith may prescribe requirements for the possession and exhibition of such certificates or other evidences.
(6) The provisions of this section do not apply to:
(a) An aircraft owned by and used exclusively in the service of any government or any political subdivision thereof, including the government of the United States, any state, territory, or possession of the United States, or the District of Columbia, which is not engaged in carrying persons or property for commercial purposes;
(b) An aircraft registered under the laws of a foreign country;
(c) An aircraft that is owned by a nonresident if:
(i) The aircraft remains in this state or is based in this state, or both, for a period less than ninety days; or
(ii) The aircraft is a large private airplane as defined in RCW 82.08.215 and remains in this state for a period of ninety days or longer, but only when:
(A) The airplane is in this state exclusively for the purpose of repairs, alterations, or reconstruction, including any flight testing related to the repairs, alterations, or reconstruction, or for the purpose of continual storage of not less than one full calendar year;
(B) An employee of the facility providing these services is on board the airplane during any flight testing; and
(C) Within ninety days of the date the airplane first arrived in this state during the calendar year, the nonresident files a written statement with the department indicating that the airplane is exempt from registration under this subsection (6)(c)(ii). The written statement must be filed in a form and manner prescribed by the department and must include such information as the department requires. The department may require additional periodic verification that the airplane remains exempt from registration under this subsection (6)(c)(ii) and that written statements conform with the provisions of chapter 5.50 RCW;
(d) A piloted aircraft engaged principally in commercial flying constituting an act of interstate or foreign commerce;
(e) An aircraft owned by the commercial manufacturer thereof while being operated for test or experimental purposes, or for the purpose of training crews for purchasers of the aircraft;
(f) An aircraft being held for sale, exchange, delivery, test, or demonstration purposes solely as stock in trade of an aircraft dealer licensed under Title 14 RCW;
(g) An aircraft based within the state that is in an unairworthy condition, is not operated within the registration period, and has obtained a written exemption issued by the secretary; and
(h) Unpiloted aircraft systems used exclusively for hobby or recreation.
(7) The secretary must be notified within thirty days of any change in ownership of a registered aircraft. The notification must contain the N, NC, NR, NL, or NX number of the aircraft, the full name and address of the former owner, and the full name and address of the new owner. For failure to so notify the secretary, the registration of that aircraft may be canceled by the secretary, subject to reinstatement upon application and payment of a reinstatement fee of ten dollars by the new owner.
(8) A municipality or port district that owns, operates, or leases an airport, as defined in RCW 47.68.020, with the intent to operate, must require from an aircraft owner proof of aircraft registration as a condition of leasing or selling tiedown or hangar space for an aircraft. It is the responsibility of the lessee or purchaser to register the aircraft. Proof of registration must be provided according to the following schedule:
(a) For the purchase of tiedown or hangar space, the municipality or port district must allow the purchaser thirty days from the date of the application for purchase to produce proof of aircraft registration.
(b) For the lease of tiedown or hangar space that extends thirty days or more, the municipality or port district must allow the lessee thirty days to produce proof of aircraft registration from the date of the application for lease of tiedown or hangar space.
(c) For the lease of tiedown or hangar space that extends less than thirty days, the municipality or port district must allow the lessee to produce proof of aircraft registration at any point prior to the final day of the lease.
(9) The airport must work with the aviation division to assist in its efforts to register aircraft by providing information about based aircraft on an annual basis as requested by the division.
(10) The department may adopt rules to implement this section.
[ 2021 c 131 s 2; 2020 c 304 s 3; (2019 c 232 s 23 expired July 1, 2021); 2017 3rd sp.s. c 25 s 46; (2017 3rd sp.s. c 25 s 44 expired July 1, 2021); 2016 c 20 s 4; (2016 c 20 s 3 expired July 1, 2021); (2013 2nd sp.s. c 13 s 1102 expired July 1, 2021); 2003 c 375 s 4; 1999 c 302 s 2; 1998 c 188 s 1; 1995 c 170 s 3; 1993 c 208 s 7; 1987 c 220 s 3; 1979 c 158 s 206; 1967 ex.s. c 9 s 8; 1955 c 150 s 11; 1949 c 49 s 12; 1947 c 165 s 25; Rem. Supp. 1949 s 10964-105. Formerly RCW 14.04.250.]
Notes:
Expiration—2021 c 131 s 2: "Section 2 of this act expires July 1, 2031." [ 2021 c 131 s 5.]
Effective date—2021 c 131: See note following RCW 47.68.420.
Effective date—2020 c 304 ss 3 and 5: "Sections 3 and 5 of this act take effect July 1, 2021." [ 2020 c 304 s 6.]
Expiration date—2020 c 304 ss 3 and 5: "Sections 3 and 5 of this act expire July 1, 2031." [ 2020 c 304 s 7.]
Intent—Findings—Tax preference review—2020 c 304 ss 1-5; 2013 2nd sp.s. c 13 ss 1101-1105: "(1) The legislature intends to promote the economic development of our state's aerospace cluster and increase the tax revenues collected by the state through promoting a competitive marketplace for storing and modifying unfurnished, noncommercial aircraft. The legislature finds that Washington is currently losing these types of jobs to other states, resulting in the loss of high-wage jobs and new tax revenue. Further, the legislature finds that the current tax statutes are an impediment to encouraging the development of aerospace clusters in our state. Therefore, the legislature intends to modify our state's tax policy to encourage aerospace cluster development within the state and increase tax revenues.
(2) The joint legislative audit and review committee, as part of its tax preference review process, must estimate the net impact on state tax revenues by comparing the decrease in state revenues resulting from the changes made in sections 1 through 5, chapter 304, Laws of 2020 and sections 1101 through 1105, chapter 13, Laws of 2013 2nd sp. sess. to the additional tax revenues generated from the direct, indirect, and induced economic impacts from those changes. The committee must conduct its tax preference review of sections 1 through 5, chapter 304, Laws of 2020 and sections 1101 through 1105, chapter 13, Laws of 2013 2nd sp. sess. during calendar years 2016 and 2026 and report its findings and recommendations to the legislature by January 1, 2017, and January 1, 2027." [ 2020 c 304 s 9; 2013 2nd sp.s. c 13 s 1101.]
Expiration date—2020 c 304; 2013 2nd sp.s. c 13 ss 1102 and 1105: "Sections 1102 and 1105, chapter 13, Laws of 2013 2nd sp. sess. expire July 1, 2021." [ 2020 c 304 s 10; 2013 2nd sp.s. c 13 s 1906.]
Expiration date—2019 c 232 s 23: "Section 23 of this act expires July 1, 2021." [ 2019 c 232 s 28.]
Expiration date—2017 3rd sp.s. c 25 s 44: "Section 44 of this act expires July 1, 2021." [ 2017 3rd sp.s. c 25 s 45.]
Effective date—2017 3rd sp.s. c 25 s 46: "Section 46 of this act takes effect July 1, 2021." [ 2017 3rd sp.s. c 25 s 47.]
Effective date—2016 c 20 s 3: "Section 3 of this act takes effect July 1, 2016." [ 2016 c 20 s 6.]
Expiration date—2016 c 20 s 3: "Section 3 of this act expires July 1, 2021." [ 2016 c 20 s 7.]
Effective date—2016 c 20 s 4: "Section 4 of this act takes effect July 1, 2021." [ 2016 c 20 s 8.]
Findings—Intent—2016 c 20: See note following RCW 47.68.240.
Effective date—2013 2nd sp.s. c 13: See note following RCW 82.08.215.
Effective date—2003 c 375: See note following RCW 47.68.240.
Severability—1987 c 220: See note following RCW 47.68.230.
Aircraft dealers: Chapter 14.20 RCW.
Definition of terms: RCW 14.20.010, 47.68.020.
PDF
RCW 47.68.250
Registration of aircraft. (Effective January 1, 2027.)
(1)(a) Every aircraft, inclusive of commercial unpiloted aircraft systems, must be registered with the department for each calendar year in which the aircraft is operated or is based within this state. A fee of $30, to be adjusted annually as provided in (b) of this subsection, is charged for each such registration and each annual renewal thereof.
(b) Beginning January 1, 2028, the aircraft registration fee required in (a) of this subsection must be adjusted annually by increasing the fee by two percent and the result must be rounded to the nearest whole dollar.
(2) The department must review the fee schedule based on the number of unpiloted aircraft systems registered under any single entity. Consideration should be given to the cost to administer the program and the number of commercial aircraft registered in the state. The department shall collaborate with the department of commerce, the department of revenue, and industry representatives in determining any recommendations to revise the initial fee. The report is due to the transportation committees of the legislature by December 1, 2022.
(3) Possession of the appropriate effective federal certificate, permit, rating, or license relating to ownership and airworthiness of the aircraft, and payment of the excise tax imposed by Title 82 RCW for the privilege of using the aircraft within this state during the year for which the registration is sought, and payment of the registration fee required by this section are the only requisites for registration of an aircraft under this section.
(4) The registration fee imposed by this section is payable to and collected by the secretary. The fee for any calendar year must be paid during the month of January, and collected by the secretary at the time of the collection by him or her of the excise tax. If the secretary is satisfied that the requirements for registration of the aircraft have been met, he or she must issue to the owner of the aircraft a certificate of registration therefor. The secretary must pay to the state treasurer the registration fees collected under this section with 50 percent deposited in the aeronautics account created in RCW 82.42.090 and 50 percent deposited in the sustainable aviation fuel account created in RCW 43.31.645.
(5) It is not necessary for the registrant to provide the secretary with originals or copies of federal certificates, permits, ratings, or licenses. The secretary must issue certificates of registration, or such other evidences of registration or payment of fees as he or she may deem proper; and in connection therewith may prescribe requirements for the possession and exhibition of such certificates or other evidences.
(6) The provisions of this section do not apply to:
(a) An aircraft owned by and used exclusively in the service of any government or any political subdivision thereof, including the government of the United States, any state, territory, or possession of the United States, or the District of Columbia, which is not engaged in carrying persons or property for commercial purposes;
(b) An aircraft registered under the laws of a foreign country;
(c) An aircraft that is owned by a nonresident if:
(i) The aircraft remains in this state or is based in this state, or both, for a period less than 90 days; or
(ii) The aircraft is a large private airplane as defined in RCW 82.08.215 and remains in this state for a period of 90 days or longer, but only when:
(A) The airplane is in this state exclusively for the purpose of repairs, alterations, or reconstruction, including any flight testing related to the repairs, alterations, or reconstruction, or for the purpose of continual storage of not less than one full calendar year;
(B) An employee of the facility providing these services is on board the airplane during any flight testing; and
(C) Within 90 days of the date the airplane first arrived in this state during the calendar year, the nonresident files a written statement with the department indicating that the airplane is exempt from registration under this subsection (6)(c)(ii). The written statement must be filed in a form and manner prescribed by the department and must include such information as the department requires. The department may require additional periodic verification that the airplane remains exempt from registration under this subsection (6)(c)(ii) and that written statements conform with the provisions of chapter 5.50 RCW;
(d) A piloted aircraft engaged principally in commercial flying constituting an act of interstate or foreign commerce;
(e) An aircraft owned by the commercial manufacturer thereof while being operated for test or experimental purposes, or for the purpose of training crews for purchasers of the aircraft;
(f) An aircraft being held for sale, exchange, delivery, test, or demonstration purposes solely as stock in trade of an aircraft dealer licensed under Title 14 RCW;
(g) An aircraft based within the state that is in an unairworthy condition, is not operated within the registration period, and has obtained a written exemption issued by the secretary; and
(h) Unpiloted aircraft systems used exclusively for hobby or recreation.
(7) The secretary must be notified within 30 days of any change in ownership of a registered aircraft. The notification must contain the N, NC, NR, NL, or NX number of the aircraft, the full name and address of the former owner, and the full name and address of the new owner. For failure to so notify the secretary, the registration of that aircraft may be canceled by the secretary, subject to reinstatement upon application and payment of a reinstatement fee of $10 by the new owner.
(8) A municipality or port district that owns, operates, or leases an airport, as defined in RCW 47.68.020, with the intent to operate, must require from an aircraft owner proof of aircraft registration as a condition of leasing or selling tiedown or hangar space for an aircraft. It is the responsibility of the lessee or purchaser to register the aircraft. Proof of registration must be provided according to the following schedule:
(a) For the purchase of tiedown or hangar space, the municipality or port district must allow the purchaser 30 days from the date of the application for purchase to produce proof of aircraft registration.
(b) For the lease of tiedown or hangar space that extends 30 days or more, the municipality or port district must allow the lessee 30 days to produce proof of aircraft registration from the date of the application for lease of tiedown or hangar space.
(c) For the lease of tiedown or hangar space that extends less than 30 days, the municipality or port district must allow the lessee to produce proof of aircraft registration at any point prior to the final day of the lease.
(9) The airport must work with the aviation division to assist in its efforts to register aircraft by providing information about based aircraft on an annual basis as requested by the division.
(10) The department may adopt rules to implement this section.
[ 2026 c 255 s 404; 2021 c 131 s 2; 2020 c 304 s 3; (2019 c 232 s 23 expired July 1, 2021); 2017 3rd sp.s. c 25 s 46; (2017 3rd sp.s. c 25 s 44 expired July 1, 2021); 2016 c 20 s 4; (2016 c 20 s 3 expired July 1, 2021); (2013 2nd sp.s. c 13 s 1102 expired July 1, 2021); 2003 c 375 s 4; 1999 c 302 s 2; 1998 c 188 s 1; 1995 c 170 s 3; 1993 c 208 s 7; 1987 c 220 s 3; 1979 c 158 s 206; 1967 ex.s. c 9 s 8; 1955 c 150 s 11; 1949 c 49 s 12; 1947 c 165 s 25; Rem. Supp. 1949 s 10964-105. Formerly RCW 14.04.250.]
Notes:
Effective date—2026 c 255 ss 404, 406, and 407: "Sections 404, 406, and 407 of this act take effect January 1, 2027." [ 2026 c 255 s 1403.]
Expiration dates—2026 c 255 ss 404 and 1307: See note following RCW 43.79A.040.
Intent—2026 c 255: See note following RCW 82.08.020.
Expiration—2021 c 131 s 2: "Section 2 of this act expires July 1, 2031." [ 2021 c 131 s 5.]
Effective date—2021 c 131: See note following RCW 47.68.420.
Effective date—2020 c 304 ss 3 and 5: "Sections 3 and 5 of this act take effect July 1, 2021." [ 2020 c 304 s 6.]
Expiration date—2020 c 304 ss 3 and 5: "Sections 3 and 5 of this act expire July 1, 2031." [ 2020 c 304 s 7.]
Intent—Findings—Tax preference review—2020 c 304 ss 1-5; 2013 2nd sp.s. c 13 ss 1101-1105: "(1) The legislature intends to promote the economic development of our state's aerospace cluster and increase the tax revenues collected by the state through promoting a competitive marketplace for storing and modifying unfurnished, noncommercial aircraft. The legislature finds that Washington is currently losing these types of jobs to other states, resulting in the loss of high-wage jobs and new tax revenue. Further, the legislature finds that the current tax statutes are an impediment to encouraging the development of aerospace clusters in our state. Therefore, the legislature intends to modify our state's tax policy to encourage aerospace cluster development within the state and increase tax revenues.
(2) The joint legislative audit and review committee, as part of its tax preference review process, must estimate the net impact on state tax revenues by comparing the decrease in state revenues resulting from the changes made in sections 1 through 5, chapter 304, Laws of 2020 and sections 1101 through 1105, chapter 13, Laws of 2013 2nd sp. sess. to the additional tax revenues generated from the direct, indirect, and induced economic impacts from those changes. The committee must conduct its tax preference review of sections 1 through 5, chapter 304, Laws of 2020 and sections 1101 through 1105, chapter 13, Laws of 2013 2nd sp. sess. during calendar years 2016 and 2026 and report its findings and recommendations to the legislature by January 1, 2017, and January 1, 2027." [ 2020 c 304 s 9; 2013 2nd sp.s. c 13 s 1101.]
Expiration date—2020 c 304; 2013 2nd sp.s. c 13 ss 1102 and 1105: "Sections 1102 and 1105, chapter 13, Laws of 2013 2nd sp. sess. expire July 1, 2021." [ 2020 c 304 s 10; 2013 2nd sp.s. c 13 s 1906.]
Expiration date—2019 c 232 s 23: "Section 23 of this act expires July 1, 2021." [ 2019 c 232 s 28.]
Expiration date—2017 3rd sp.s. c 25 s 44: "Section 44 of this act expires July 1, 2021." [ 2017 3rd sp.s. c 25 s 45.]
Effective date—2017 3rd sp.s. c 25 s 46: "Section 46 of this act takes effect July 1, 2021." [ 2017 3rd sp.s. c 25 s 47.]
Effective date—2016 c 20 s 3: "Section 3 of this act takes effect July 1, 2016." [ 2016 c 20 s 6.]
Expiration date—2016 c 20 s 3: "Section 3 of this act expires July 1, 2021." [ 2016 c 20 s 7.]
Effective date—2016 c 20 s 4: "Section 4 of this act takes effect July 1, 2021." [ 2016 c 20 s 8.]
Findings—Intent—2016 c 20: See note following RCW 47.68.240.
Effective date—2013 2nd sp.s. c 13: See note following RCW 82.08.215.
Effective date—2003 c 375: See note following RCW 47.68.240.
Severability—1987 c 220: See note following RCW 47.68.230.
Aircraft dealers: Chapter 14.20 RCW.
Definition of terms: RCW 14.20.010, 47.68.020.
PDF
RCW 47.68.250
Registration of aircraft. (Effective July 1, 2031.)
(1)(a) Every aircraft, inclusive of commercial unpiloted aircraft systems, must be registered with the department for each calendar year in which the aircraft is operated or is based within this state. A fee of $30, to be adjusted annually as provided in (b) of this subsection, is charged for each such registration and each annual renewal thereof.
(b) Beginning January 1, 2028, the aircraft registration fee required in (a) of this subsection must be adjusted annually by increasing the fee by two percent and the result must be rounded to the nearest whole dollar.
(2) The department must review the fee schedule based on the number of unpiloted aircraft systems registered under any single entity. Consideration should be given to the cost to administer the program and the number of commercial aircraft registered in the state. The department shall collaborate with the department of commerce, the department of revenue, and industry representatives in determining any recommendations to revise the initial fee. The report is due to the transportation committees of the legislature by December 1, 2022.
(3) Possession of the appropriate effective federal certificate, permit, rating, or license relating to ownership and airworthiness of the aircraft, and payment of the excise tax imposed by Title 82 RCW for the privilege of using the aircraft within this state during the year for which the registration is sought, and payment of the registration fee required by this section are the only requisites for registration of an aircraft under this section.
(4) The registration fee imposed by this section is payable to and collected by the secretary. The fee for any calendar year must be paid during the month of January, and must be collected by the secretary at the time of the collection by him or her of the excise tax. If the secretary is satisfied that the requirements for registration of the aircraft have been met, he or she must issue to the owner of the aircraft a certificate of registration therefor. The secretary must pay to the state treasurer the registration fees collected under this section with 50 percent deposited in the aeronautics account created in RCW 82.42.090 and 50 percent deposited in the sustainable aviation fuel account created in RCW 43.31.645.
(5) It is not necessary for the registrant to provide the secretary with originals or copies of federal certificates, permits, ratings, or licenses. The secretary must issue certificates of registration, or such other evidences of registration or payment of fees as he or she may deem proper; and in connection therewith may prescribe requirements for the possession and exhibition of such certificates or other evidences.
(6) The provisions of this section do not apply to:
(a) An aircraft owned by and used exclusively in the service of any government or any political subdivision thereof, including the government of the United States, any state, territory, or possession of the United States, or the District of Columbia, which is not engaged in carrying persons or property for commercial purposes;
(b) An aircraft registered under the laws of a foreign country;
(c) An aircraft that is owned by a nonresident if:
(i) The aircraft remains in this state or is based in this state, or both, for a period less than 90 days; or
(ii) The aircraft is a large private airplane as defined in RCW 82.08.215 and remains in this state for a period of 90 days or longer, but only when:
(A) The airplane is in this state exclusively for the purpose of repairs, alterations, or reconstruction, including any flight testing related to the repairs, alterations, or reconstruction, or for the purpose of continual storage of not less than one full calendar year;
(B) An employee of the facility providing these services is on board the airplane during any flight testing; and
(C) Within 90 days of the date the airplane first arrived in this state during the calendar year, the nonresident files a written statement with the department indicating that the airplane is exempt from registration under this subsection (6)(c)(ii). The written statement must be filed in a form and manner prescribed by the department and must include such information as the department requires. The department may require additional periodic verification that the airplane remains exempt from registration under this subsection (6)(c)(ii) and that written statements conform with the provisions of chapter 5.50 RCW;
(d) A piloted aircraft engaged principally in commercial flying constituting an act of interstate or foreign commerce;
(e) An aircraft owned by the commercial manufacturer thereof while being operated for test or experimental purposes, or for the purpose of training crews for purchasers of the aircraft;
(f) An aircraft being held for sale, exchange, delivery, test, or demonstration purposes solely as stock in trade of an aircraft dealer licensed under Title 14 RCW;
(g) An aircraft based within the state that is in an unairworthy condition, is not operated within the registration period, and has obtained a written exemption issued by the secretary; and
(h) Unpiloted aircraft systems used exclusively for hobby or recreation.
(7) The secretary must be notified within 30 days of any change in ownership of a registered aircraft. The notification must contain the N, NC, NR, NL, or NX number of the aircraft, the full name and address of the former owner, and the full name and address of the new owner. For failure to so notify the secretary, the registration of that aircraft may be canceled by the secretary, subject to reinstatement upon application and payment of a reinstatement fee of $10 by the new owner.
(8) A municipality or port district that owns, operates, or leases an airport, as defined in RCW 47.68.020, with the intent to operate, must require from an aircraft owner proof of aircraft registration as a condition of leasing or selling tiedown or hangar space for an aircraft. It is the responsibility of the lessee or purchaser to register the aircraft. Proof of registration must be provided according to the following schedule:
(a) For the purchase of tiedown or hangar space, the municipality or port district must allow the purchaser 30 days from the date of the application for purchase to produce proof of aircraft registration.
(b) For the lease of tiedown or hangar space that extends 30 days or more, the municipality or port district must allow the lessee 30 days to produce proof of aircraft registration from the date of the application for lease of tiedown or hangar space.
(c) For the lease of tiedown or hangar space that extends less than 30 days, the municipality or port district must allow the lessee to produce proof of aircraft registration at any point prior to the final day of the lease.
(9) The airport must work with the aviation division to assist in its efforts to register aircraft by providing information about based aircraft on an annual basis as requested by the division.
(10) The department may adopt rules to implement this section.
[ 2026 c 255 s 405; 2021 c 131 s 3; (2019 c 232 s 23 expired July 1, 2021); (2017 3rd sp.s. c 25 s 44 expired July 1, 2021); (2016 c 20 s 3 expired July 1, 2021); (2013 2nd sp.s. c 13 s 1102 expired July 1, 2021); 2003 c 375 s 4; 1999 c 302 s 2; 1998 c 188 s 1; 1995 c 170 s 3; 1993 c 208 s 7; 1987 c 220 s 3; 1979 c 158 s 206; 1967 ex.s. c 9 s 8; 1955 c 150 s 11; 1949 c 49 s 12; 1947 c 165 s 25; Rem. Supp. 1949 s 10964-105. Formerly RCW 14.04.250.]
Notes:
Effective dates—2026 c 255 ss 405 and 1308: See note following RCW 43.79A.040.
Intent—2026 c 255: See note following RCW 82.08.020.
Effective date—2021 c 131 s 3: "Section 3 of this act takes effect July 1, 2031." [ 2021 c 131 s 6.]
Intent—Findings—Tax preference review—2020 c 304 ss 1-5; 2013 2nd sp.s. c 13 ss 1101-1105: "(1) The legislature intends to promote the economic development of our state's aerospace cluster and increase the tax revenues collected by the state through promoting a competitive marketplace for storing and modifying unfurnished, noncommercial aircraft. The legislature finds that Washington is currently losing these types of jobs to other states, resulting in the loss of high-wage jobs and new tax revenue. Further, the legislature finds that the current tax statutes are an impediment to encouraging the development of aerospace clusters in our state. Therefore, the legislature intends to modify our state's tax policy to encourage aerospace cluster development within the state and increase tax revenues.
(2) The joint legislative audit and review committee, as part of its tax preference review process, must estimate the net impact on state tax revenues by comparing the decrease in state revenues resulting from the changes made in sections 1 through 5, chapter 304, Laws of 2020 and sections 1101 through 1105, chapter 13, Laws of 2013 2nd sp. sess. to the additional tax revenues generated from the direct, indirect, and induced economic impacts from those changes. The committee must conduct its tax preference review of sections 1 through 5, chapter 304, Laws of 2020 and sections 1101 through 1105, chapter 13, Laws of 2013 2nd sp. sess. during calendar years 2016 and 2026 and report its findings and recommendations to the legislature by January 1, 2017, and January 1, 2027." [ 2020 c 304 s 9; 2013 2nd sp.s. c 13 s 1101.]
Expiration date—2020 c 304; 2013 2nd sp.s. c 13 ss 1102 and 1105: "Sections 1102 and 1105, chapter 13, Laws of 2013 2nd sp. sess. expire July 1, 2021." [ 2020 c 304 s 10; 2013 2nd sp.s. c 13 s 1906.]
Expiration date—2019 c 232 s 23: "Section 23 of this act expires July 1, 2021." [ 2019 c 232 s 28.]
Expiration date—2017 3rd sp.s. c 25 s 44: "Section 44 of this act expires July 1, 2021." [ 2017 3rd sp.s. c 25 s 45.]
Effective date—2016 c 20 s 3: "Section 3 of this act takes effect July 1, 2016." [ 2016 c 20 s 6.]
Expiration date—2016 c 20 s 3: "Section 3 of this act expires July 1, 2021." [ 2016 c 20 s 7.]
Findings—Intent—2016 c 20: See note following RCW 47.68.240.
Effective date—2013 2nd sp.s. c 13: See note following RCW 82.08.215.
Effective date—2003 c 375: See note following RCW 47.68.240.
Severability—1987 c 220: See note following RCW 47.68.230.
Aircraft dealers: Chapter 14.20 RCW.
Definition of terms: RCW 14.20.010, 47.68.020.

catchline: Registration of aircraft. (Effective until January 1, 2027.)


doc_type: statute

jurisdiction: wa

title: RCW 47.68.255

text:
A person who is required to register an aircraft under this chapter and who registers an aircraft in another state or foreign country evading the Washington aircraft excise tax is guilty of a gross misdemeanor. For a second or subsequent offense, the person convicted is also subject to a fine equal to four times the amount of avoided taxes and fees, no part of which may be suspended, except as provided in RCW 10.05.180. Excise taxes owed and fines assessed must be deposited in the manner provided under RCW 46.16A.030(6).
[ 2019 c 459 s 4; 2019 c 423 s 204; 2010 c 161 s 1147; 2003 c 53 s 266; 2000 c 229 s 3; 1999 c 277 s 6; 1996 c 184 s 3; 1993 c 238 s 2.]
Notes:
Reviser's note: This section was amended by 2019 c 423 s 204 and by 2019 c 459 s 4, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Finding—Intent—2019 c 459: See note following RCW 10.05.180.
Finding—Intent—Effective date—2019 c 423: See notes following RCW 82.08.0273.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—2000 c 229: See note following RCW 46.16A.030.
Effective date—1996 c 184: See note following RCW 46.16A.030.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Evasive registration.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 47.68.280

text:
The department or any officer or employee of the department designated by it has the power to hold investigations, inquiries, and hearings concerning matters covered by this chapter including accidents in aeronautics within this state. Hearings shall be open to the public and, except as hereinafter provided, shall be held upon such call or notice as the department deems advisable. The department and every officer or employee of the department designated by it to hold any inquiry, investigation, or hearing has the power to administer oaths and affirmations, certify to all official acts, issue subpoenas, and order the attendance of witnesses and the production of papers, books and documents. In case of the failure of a person to comply with a subpoena or order issued under the authority of this section, the department or its authorized representatives may invoke the aid of a competent court of general jurisdiction. The court may thereupon order the person to comply with the requirements of the subpoena or order or to give evidence touching the matter in question. Failure to obey the order of the court may be punished by the court as a contempt thereof.
[ 1984 c 7 s 356; 1947 c 165 s 28; Rem. Supp. 1947 s 10964-108. Formerly RCW 14.04.280.]

catchline: Investigations, hearings, etc.—Subpoenas—Compelling attendance.


title: RCW 47.68.290

text:
The department may confer with or hold joint hearings with any agency of the United States in connection with any matter arising under this chapter or relating to the development of aeronautics.
The department may avail itself of the cooperation, services, records, and facilities of the agencies of the United States as fully as may be practicable in the administration and enforcement of this chapter, and shall furnish to the agencies of the United States such services, records, and facilities as are practicable.
The department shall report to the appropriate agency of the United States all accidents in aeronautics in this state of which it is informed, and shall in so far as is practicable preserve, protect, and prevent the removal of the component parts of any aircraft involved in an accident being investigated by it until the federal agency institutes an investigation.
[ 1984 c 7 s 357; 1947 c 165 s 29; Rem. Supp. 1947 s 10964-109. Formerly RCW 14.04.290.]

catchline: Joint hearings—Cooperation.


title: RCW 47.68.300

text:
In carrying out this chapter the department may use the facilities and services of other agencies of the state and of the municipalities of the state to the utmost extent possible, and the agencies and municipalities are authorized and directed to make available their facilities and services.
[ 1984 c 7 s 358; 1947 c 165 s 30; Rem. Supp. 1947 s 10964-110. Formerly RCW 14.04.300.]

catchline: State and municipal agencies to cooperate.


title: RCW 47.68.310

text:
It is the duty of the secretary, the department, the officers and employees of the department, and every state and municipal officer charged with the enforcement of state and municipal laws to enforce and assist in the enforcement of this chapter and of all other laws of this state relating to aeronautics. The secretary and those officers or employees of the department designated by the secretary in writing are granted police powers solely for the enforcement of state aeronautics laws and the rules having the effect of law.
[ 1984 c 7 s 359; 1955 c 204 s 1; 1947 c 165 s 31; Rem. Supp. 1947 s 10964-111. Formerly RCW 14.04.310.]

catchline: Enforcement of aeronautics laws.


title: RCW 47.68.320

text:
Every order of the department requiring performance of certain acts or compliance with certain requirements and any denial or revocation of an approval, certificate, or license shall set forth the reasons and shall state the acts to be done or requirements to be met before approval by the department will be given or the approval, license, or certificate granted or restored, or the order modified or changed. Orders issued by the department under this chapter shall be served upon the persons affected either by certified mail or in person. In every case where notice and opportunity for a hearing are required under this chapter, the order of the department shall, on not less than ten days notice, specify a time when and place where the person affected may be heard, or the time within which the person may request a hearing, and the order shall become effective upon the expiration of the time for exercising the opportunity for a hearing, unless a hearing is held or requested within the time provided, in which case the order shall be suspended until the department affirms, disaffirms, or modifies the order after a hearing has been held or default by the person has been affected. To the extent practicable, hearings on the orders shall be in the county where the affected person resides or does business. Any person aggrieved by an order of the department or by the grant, denial, or revocation of an approval, license, or certificate may have the action of the department reviewed by the courts of this state under chapter 34.05 RCW.
[ 1984 c 7 s 360; 1947 c 165 s 32; Rem. Supp. 1947 s 10964-112. Formerly RCW 14.04.320.]

catchline: Service of orders—Hearings—Review.


title: RCW 47.68.330

text:
The department is authorized to report to the appropriate federal agencies and agencies of other states all proceedings instituted charging violation of RCW 47.68.220 and 47.68.230 and all penalties, of which it has knowledge, imposed upon airmen or airwomen or the owners or operators of aircraft for violations of the law of this state relating to aeronautics or for violations of the rules, regulations, or orders of the department. The department is authorized to receive reports of penalties and other data from agencies of the federal government and other states and, when necessary, to enter into agreements with federal agencies and the agencies of other states governing the delivery, receipt, exchange, and use of reports and data. The department may make the reports and data of the federal agencies, the agencies of other states, and the courts of this state available, with or without request therefor, to any and all courts of this state.
[ 2010 c 8 s 10023; 1983 c 3 s 146; 1947 c 165 s 33; Rem. Supp. 1947 s 10964-113. Formerly RCW 14.04.330.]

catchline: Exchange of data, reports of violations, etc.


title: RCW 47.68.340

text:
A structure or obstacle that obstructs the air space above ground or water level, when determined by the department after a hearing to be a hazard or potential hazard to the safe flight of aircraft, shall be plainly marked, illuminated, painted, lighted, or designated in a manner to be approved in accordance with the general rules of the department so that the structure or obstacle will be clearly visible to airmen or airwomen. In determining which structures or obstacles constitute a safety hazard, or a hazard to flight, the department shall take into account those obstacles located at a river, lake, or canyon crossing, and in other low-altitude flight paths usually traveled by aircraft including, but not limited to, airport areas and runway departure and approach areas as defined by federal air regulations.
[ 2010 c 8 s 10024; 1995 c 153 s 2; 1984 c 7 s 361; 1961 c 263 s 2. Formerly RCW 14.04.340.]

catchline: Hazardous structures and obstacles—Marking—Hearing to determine hazard.


title: RCW 47.68.350

text:
The secretary may require owners, operators, lessees, or others having the control or management of structures or obstacles over one hundred fifty feet above ground or water level and that are or may become a hazard to air flight to report the location of the existing or proposed structures or obstacles to the department. For that purpose the secretary may issue subpoenas and subpoenas duces tecum returnable within twenty days to the department. If a person refuses to obey the secretary's subpoena, the department may certify to the superior court all facts of the refusal. The court shall summarily hear evidence on the refusal, and, if the evidence warrants, punish the person refusing in the same manner and to the same extent as a contempt committed before the court.
[ 1984 c 7 s 362; 1961 c 263 s 3. Formerly RCW 14.04.350.]

catchline: Hazardous structures and obstacles—Reporting location—Subpoenas.


title: RCW 47.68.360

text:
RCW 47.68.340 and 47.68.350 shall not apply to structures required to be marked by federal regulations.
[ 1983 c 3 s 147; 1961 c 263 s 4. Formerly RCW 14.04.360.]

catchline: Hazardous structures and obstacles—Exemption of structures required by federal law to be marked.


title: RCW 47.68.380

text:
(1) The aviation division of the department is responsible for the conduct and management of all aerial search and rescue within the state. This includes search and rescue efforts involving aircraft and airships. The division is also responsible for search and rescue activities involving electronic emergency signaling devices such as emergency locater transmitters (ELT's) and emergency position indicating radio beacons (EPIRB's).
(2) An act or omission by any person registered with the aviation division of the department for the purpose of engaging in aerial search and rescue activities, while engaged in such activities, shall not impose any liability on the department or the person for civil damages resulting from the act or omission. However, the immunity provided under this subsection shall not apply to an act or omission that constitutes gross negligence or willful or wanton misconduct. For the purpose of this subsection, "aerial search and rescue activities" includes, but is not limited to, training and training-related activities, but does not include appropriate search and rescue activities conducted under the authority of RCW 38.52.400.
[ 2008 c 34 s 1; 1995 c 153 s 1.]

catchline: Aerial search and rescue—Liability—Definition.


title: RCW 47.68.390

text:
(1) The aviation division of the department of transportation shall conduct a statewide airport capacity and facilities assessment. The assessment must include a statewide analysis of existing airport facilities, and passenger and air cargo transportation capacity, regarding both commercial aviation and general aviation; however, the primary focus of the assessment must be on commercial aviation. The assessment must at a minimum address the following issues:
(a) Existing airport facilities, both commercial and general aviation, including air side, land side, and airport service facilities;
(b) Existing air and airport capacity, including the number of annual passengers and air cargo operations;
(c) Existing airport services, including fixed based operator services, fuel services, and ground services; and
(d) Existing airspace capacity.
(2) The department shall consider existing information, technical analyses, and other research the department deems appropriate. The department may contract and consult with private independent professional and technical experts regarding the assessment.
(3) The department shall submit the assessment to the appropriate standing committees of the legislature, the governor, the transportation commission, and regional transportation planning organizations by July 1, 2006.
[ 2005 c 316 s 1.]

catchline: Airport capacity and facilities assessment.


title: RCW 47.68.400

text:
(1) After submitting the assessment under RCW 47.68.390, the aviation division of the department of transportation shall conduct a statewide airport capacity and facilities market analysis. The analysis must include a statewide needs analysis of airport facilities, passenger and air cargo transportation capacity, and demand and forecast market needs over the next twenty-five years with a more detailed analysis of the Puget Sound, southwest Washington, Spokane, and Tri-Cities regions. The analysis must address the forecasted needs of both commercial aviation and general aviation; however, the primary focus of the analysis must be on commercial aviation. The analysis must at a minimum address the following issues:
(a) A forecast of future airport facility needs based on passenger and air cargo operations and demand, airline planning, and a determination of aviation trends, demographic, geographic, and market factors that may affect future air travel demand;
(b) A determination of when the state's existing commercial service airports will reach their capacity;
(c) The factors that may affect future air travel and when capacity may be reached and in which location;
(d) The role of the state, metropolitan planning organizations, regional transportation planning organizations, the federal aviation administration, and airport sponsors in addressing statewide airport facilities and capacity needs; and
(e) Whether the state, metropolitan planning organizations, regional transportation planning organizations, the federal aviation administration, or airport sponsors have identified options for addressing long-range capacity needs at airports, or in regions, that will reach capacity before the year 2030.
(2) The department shall consider existing information, technical analyses, and other research the department deems appropriate. The department may contract and consult with private independent professional and technical experts regarding the analysis.
(3) The department shall submit the analysis to the appropriate standing committees of the legislature, the governor, the transportation commission, and regional transportation planning organizations by July 1, 2007.
[ 2005 c 316 s 2.]

catchline: Airport capacity and facilities market analysis.


title: RCW 47.68.420

text:
(1) Within amounts collected from commercial unpiloted aircraft registration fees pursuant to RCW 47.68.250(1), the aviation division director (also known as the senior state aviation official) or the aviation division director's designee shall act as the unpiloted aircraft system coordinator. The unpiloted aircraft system coordinator serves primarily in an advisory role and is not authorized to direct unpiloted aircraft system operations, training, or policy outside the department. The duties of the unpiloted aircraft system coordinator include:
(a) Assisting with unpiloted aircraft system training and continuing education for state agencies;
(b) Coordinating with local governments on state and federal unpiloted aircraft system policies and regulations;
(c) Acting as a state level coordinator for unpiloted aircraft system operations during a governor declaration of emergency pursuant to RCW 43.06.210;
(d) Coordinating with the federal aviation administration and state agencies on unpiloted aircraft system trends;
(e) Identifying and disseminating information on unpiloted aircraft system training sites;
(f) Establishing and maintaining an unpiloted aircraft system coordination website for state and local governments;
(g) Assisting with the advancement of unpiloted aircraft systems across the state in coordination with the department of commerce, the aerospace industry, and the commercial unmanned aircraft systems industry;
(h) Acting as the principal advisor to the secretary on unpiloted aircraft system matters;
(i) Undertaking other unpiloted aircraft system coordination duties that are deemed appropriate by the aviation division director and the unpiloted aircraft system coordinator including, but not limited to, overseeing unpiloted aircraft system symposiums or other events for state agencies and other stakeholder groups.
(2) The department may adopt rules to implement this section.
(3) By December 1, 2022, the department shall provide a report to the transportation committees of the legislature and the department of commerce that provides details on the specific activities, accomplishments, and opportunities undertaken by the unpiloted aircraft system coordinator as to each of the duties provided in this section. The report must also be shared with interested aviation and aerospace industry stakeholders. The report shall include:
(a) Information on the specific activities, accomplishments, and opportunities taken by the aviation division director or the director's designee in their role as the unpiloted aircraft system coordinator;
(b) A statement on the justification and need for the aviation division director or the director's designee to continue to perform the specific activities of the unpiloted aircraft system coordinator; and
(c) Recommendations on any changes to the scope of the work and duties of the unpiloted aircraft system coordinator. This shall include recommendations on the reassignment of duties of the unpiloted aircraft system coordinator to the department's aviation division and recommendations on the termination of the unpiloted aircraft system coordinator position.
[ 2021 c 131 s 1.]
Notes:
Effective date—2021 c 131: "Except for section 3 of this act, 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 July 1, 2021." [ 2021 c 131 s 7.]

catchline: Unpiloted aircraft system coordinator—Duties—Department may adopt rules—Report.


title: RCW 47.68.430

text:
(1) The department of transportation must convene a community aviation revitalization board to exercise the powers granted under this chapter.
(2) The board must consist of a representative from the department of transportation's aviation division, the public works board, and a nonlegislative member of the community economic revitalization board. The board must also consist of the following members appointed by the secretary of transportation: One port district official, one county official, one city official, one representative of airport managers, and one representative of a general aviation pilots organization within Washington that has an active membership and established location, chapter, or appointed representative within Washington. The appointive members must initially be appointed to terms as follows: Two members for two-year terms, and three members for three-year terms which must include the chair. Thereafter, each succeeding term must be for three years. The chair of the board must be selected by the secretary of transportation. The members of the board must elect one of their members to serve as vice chair.
(3) Management services, including fiscal and contract services, must be provided by the department of transportation to assist the board in implementing this chapter.
(4) If a vacancy occurs by death, resignation, or otherwise of appointive members of the board, the secretary of transportation must fill the vacancy for the unexpired term. Members of the board may be removed for malfeasance or misfeasance in office, upon specific written charges by the secretary of transportation, under chapter 34.05 RCW.
(5) A member appointed by the secretary of transportation may not be absent from more than fifty percent of the regularly scheduled meetings in any one calendar year. Any member who exceeds this absence limitation is deemed to have withdrawn from the office and may be replaced by the secretary of transportation.
(6) A majority of members currently appointed constitutes a quorum.
(7) The board must meet three times a year or as deemed necessary by the department of transportation.
(8) Staff support to the board must be provided by the department of transportation as needed.
[ 2021 c 175 s 2.]
Notes:
Findings—2021 c 175: "The legislature finds that providing additional funding mechanisms for public use airports that primarily support general aviation activities is in the best interest of the state. The legislature further finds it is in the best interest of the state to have a healthy and strong public use airport system for emergency response and enhanced economic opportunities. The legislature further finds that a revolving loan program would benefit smaller airport development while providing a self-sustaining resource." [ 2021 c 175 s 1.]
Effective date—2021 c 175: "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 June 30, 2021." [ 2021 c 175 s 13.]

catchline: Community aviation revitalization board.


title: RCW 47.68.440

text:
In addition to other applicable provisions of law pertaining to conflicts of interest of public officials, any community aviation revitalization board member, appointive or otherwise, may not participate in any decision on any board contract in which the board member has any interests, direct or indirect, with any firm, partnership, corporation, or association that would be the recipient of any aid under this chapter. If such participation occurs, the board must void the transaction and the involved member is subject to further sanctions as provided by law. The board must adopt a code of ethics for its members, which must be designed to protect the state and its citizens from any unethical conduct by the board.
[ 2021 c 175 s 3.]
Notes:
Findings—Effective date—2021 c 175: See notes following RCW 47.68.430.

catchline: Community aviation revitalization board—Members, participation in decisions—Code of ethics.


title: RCW 47.68.450

text:
The community aviation revitalization board may:
(1) Adopt bylaws for the regulation of its affairs and the conduct of its business;
(2) Adopt an official seal and alter the seal at its pleasure;
(3) Utilize the services of other governmental agencies;
(4) Accept from any federal agency loans or grants for the planning or financing of any project and enter into an agreement with the agency respecting the loans or grants;
(5) Conduct examinations and investigations and take testimony at public hearings of any matter material for its information that will assist in determinations related to the exercise of the board's lawful powers;
(6) Accept any gifts, grants, loans of funds, property, or financial or other aid in any form from any other source on any terms and conditions that are not in conflict with this chapter;
(7) Enter into agreements or other transactions with and accept grants and the cooperation of any governmental agency in furtherance of this chapter;
(8) Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter; and
(9) Perform all acts and things necessary or convenient to carry out the powers expressly granted or implied under this chapter.
[ 2021 c 175 s 4.]
Notes:
Findings—Effective date—2021 c 175: See notes following RCW 47.68.430.

catchline: Community aviation revitalization board—Duties.


title: RCW 47.68.460

text:
(1) The community aviation revitalization board may make direct loans to airport sponsors of public use airports in the state for the purpose of airport improvements that primarily support general aviation activities. The board may provide loans for the purpose of airport improvements only if the state is receiving commensurate public benefit, which must include, as a condition of the loan, a commitment to provide public access to the airport for a period of time equivalent to one and one-half times the term of the loan. For purposes of this subsection, "public use airports" means all public use airports not listed as having more than seventy-five thousand annual commercial air service passenger enplanements as published by the federal aviation administration.
(2) An application for loan funds under this section must be made in the form and manner as the board may prescribe. When evaluating loan applications, the board must prioritize applications that provide conclusive justification that completion of the loan application project will create revenue generating opportunities. The board is not limited to, but must also use, the following expected outcome conditions when evaluating loan applications:
(a) A specific private development or expansion is ready to occur and will occur only if the aviation facility improvement is made;
(b) The loan application project results in the creation of jobs or private sector capital investment as determined by the board;
(c) The loan application project improves opportunities for the successful maintenance, operation, or expansion of an airport or adjacent airport business park;
(d) The loan application project results in the creation or retention of long-term economic opportunities; and
(e) The loan application project results in leveraging additional federal funding for an airport.
(3)(a) If the board chooses to require a local match, the board must develop guidelines for local participation and allowable match and activities.
(b) An application must:
(i) Be supported by the port district, city, or county in which the project is located; or
(ii) Clearly identify the source of funds intended to repay the loan.
[ 2021 c 175 s 5.]
Notes:
Findings—Effective date—2021 c 175: See notes following RCW 47.68.430.

catchline: Community aviation revitalization board—Loans—Applications—Guidelines.


title: RCW 47.68.470

text:
The public use general aviation airport loan program, when authorized by the community aviation revitalization board, is subject to the following conditions:
(1) The moneys in the public use general aviation airport loan revolving account created in RCW 47.68.490 must be used only to fulfill commitments arising from loans authorized in this chapter. The total outstanding amount that the board must dispense at any time pursuant to this section must not exceed the moneys available from the account.
(2) On contracts made for public use general aviation airport loans, the board must determine the interest rate that loans must bear. The interest rate must not exceed the amount needed to cover the administrative expenses of the board and the loan program. The board may provide reasonable terms and conditions for the repayment of loans, with the repayment of a loan to begin no later than three years after the award date of the loan. The loans must not exceed twenty years in duration.
(3) The repayment of any loan made from the public use general aviation airport loan revolving account under the contracts for aviation loans must be paid into the public use general aviation airport loan revolving account.
(4) Loans issued to airport sponsors of nongovernmental airports must only be made from repaid loan funds deposited into the public use general aviation airport loan revolving account.
[ 2021 c 175 s 6.]
Notes:
Findings—Effective date—2021 c 175: See notes following RCW 47.68.430.

catchline: Community aviation revitalization board—Public use general aviation airport loan program.


title: RCW 47.68.480

text:
To enhance competition for loans and the quality of projects for which loans are sought, the community aviation revitalization board must take such reasonable measures as are necessary to familiarize government officials and members of the public with this chapter, particularly the board's authority to make loans.
[ 2021 c 175 s 7.]
Notes:
Findings—Effective date—2021 c 175: See notes following RCW 47.68.430.

catchline: Community aviation revitalization board—Enhancing competition for loans, quality of projects.


title: RCW 47.68.490

text:
The public use general aviation airport loan revolving account is created in the custody of the state treasurer. All receipts from moneys collected under sections 6023 and 4005, chapter 413, Laws of 2019 and section 1, chapter 175, Laws of 2021 and RCW 47.68.430 through 47.68.480 must be deposited into the account. Expenditures from the account may be used only for the purposes described in sections 6023 and 4005, chapter 413, Laws of 2019 and RCW 47.68.460 and 47.68.470. Only the community aviation revitalization board or the board's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2021 c 175 s 8. Prior: 2019 c 413 s 7037; 2018 c 298 s 7010; 2018 c 2 s 7028.]
Notes:
Findings—Effective date—2021 c 175: See notes following RCW 47.68.430.

catchline: Public use general aviation airport loan revolving account.


title: RCW 47.68.500

text:
The community aviation revitalization board and the department of transportation must keep proper records of accounts, which are subject to audit by the state auditor.
[ 2021 c 175 s 9.]
Notes:
Findings—Effective date—2021 c 175: See notes following RCW 47.68.430.

catchline: Community aviation revitalization board and department of transportation to keep proper records of accounts.


title: RCW 47.72.010

text:
The purposes of this chapter are to aid commerce and navigation, including the development of recreational facilities related thereto, and to otherwise promote the general welfare by the development of navigation canals within the boundaries of the state of Washington.
[ 1965 ex.s. c 123 s 1. Formerly RCW 91.12.010.]

catchline: Declaration of purpose.


title: RCW 47.72.050

text:
In its capacity as successor to the canal commission, the department of transportation may:
(1) Adopt rules and regulations necessary to carry out the purposes of this chapter.
(2) Make such investigations, surveys, and studies it deems necessary to determine the feasibility of the development of a navigation canal, or systems of navigation canals within the state of Washington.
(3) Construct, maintain, and/or operate any navigation canal, or navigation canal systems deemed feasible by the department of transportation.
(4) Acquire by gift, purchase, or condemnation from any person, municipal, public, or private corporation, or the state of Washington, or lease from the United States of America, any lands, rights-of-way, easements, or property rights in, over, or across lands or waters necessary for the construction, operation, or maintenance of any navigation canal, or navigation canal system. The acquisition of such rights is for a public use. The exercise of the right of eminent domain shall be in the manner provided by chapter 8.04 RCW, and all actions initiated thereunder shall be brought in the name of the department of transportation.
(5) Hold public hearings. Prior to a determination of feasibility for any proposed project, the department shall hold a public hearing so that members of the public may present their views thereon.
(6) Accept and expend moneys appropriated by the legislature or received from any public or private source, including the federal government, in carrying out the purposes of this chapter.
(7) Negotiate and cooperate with the United States of America for the purpose of inducing the United States to undertake the construction, operation, or maintenance of any navigation canal, or navigation canal system provided for in this chapter.
(8) As a local sponsor cooperate, contract, and otherwise fully participate on behalf of the state of Washington with the United States of America, in any study relating to a determination of feasibility of a navigation canal or navigation canal system, and in any project relating to the construction, operation, or maintenance of a navigation canal, or navigation canal system to be undertaken by the United States of America.
The authority granted herein includes, but is not limited to, contributing such moneys to the United States of America as may be required and appropriated for that purpose by the legislature and furnishing without cost to the United States of America all lands, easements, and rights-of-way, performing all necessary alterations to utilities arising from any project, and holding the United States of America free from any claims for damages arising out of the construction of any project.
[ 1977 ex.s. c 151 s 75; 1965 ex.s. c 123 s 5. Formerly RCW 91.12.050.]

catchline: Powers and duties.


title: RCW 47.72.060

text:
For the purposes of this chapter, "canal" is defined as any waterway for navigation created by construction of reservoirs or construction of channels by excavation in dry ground, in streams, rivers or in tidal waters and any existing waterway incorporated into such a canal and including any appurtenant features necessary for operation and maintenance of the canal.
[ 1965 ex.s. c 123 s 6. Formerly RCW 91.12.060.]

catchline: "Canal" defined.


title: RCW 47.76.200

text:
The legislature finds that a balanced multimodal transportation system is required to maintain the state's commitment to the growing mobility needs of its citizens and commerce. The state's freight rail system, including branch lines, mainlines, rail corridors, terminals, yards, and equipment, is an important element of this multimodal system. Washington's economy relies heavily upon the freight rail system to ensure movement of the state's agricultural, chemical, and natural resources and manufactured products to local, national, and international markets and thereby contributes to the economic vitality of the state.
Since 1970, Washington has lost over one-third of its rail miles to abandonment and bankruptcies. The combination of rail abandonments and rail system capacity constraints may alter the delivery to market of many commodities. In addition, the resultant motor vehicle freight traffic increases the burden on state highways and county roads. In many cases, the cost of maintaining and upgrading the state highways and county roads exceeds the cost of maintaining rail freight service. Thus, the economy of the state will be best served by a policy of maintaining and encouraging a healthy rail freight system by creating mechanisms that keep rail freight lines operating if the benefits of the service outweigh the cost.
Recognizing the implications of this trend for freight mobility and the state's economic future, the legislature finds that better freight rail planning, better cooperation to preserve rail lines, and increased financial assistance from the state are necessary to maintain and improve the freight rail system within the state.
[ 1995 c 380 s 1; 1993 c 224 s 1; 1983 c 303 s 4. Formerly RCW 47.76.010.]

catchline: Legislative findings.


title: RCW 47.76.210

text:
The Washington state department of transportation shall implement a state freight rail program that supports the freight rail service objectives identified in the state's multimodal transportation plan required under chapter 47.06 RCW. The support may be in the form of projects and strategies that support branch lines and light-density lines, provide access to ports, maintain adequate mainline capacity, and preserve or restore rail corridors and infrastructure.
[ 1995 c 380 s 2; 1990 c 43 s 2. Formerly RCW 47.76.110.]
Notes:
Construction—Severability—Headings—1990 c 43: See notes following RCW 81.100.010.

catchline: State freight rail program.


title: RCW 47.76.220

text:
(1) The department of transportation shall prepare and periodically update a state rail plan, the objective of which is to identify, evaluate, and encourage essential rail services. The plan shall:
(a) Identify and evaluate mainline capacity issues;
(b) Identify and evaluate port-to-rail access and congestion issues;
(c) Identify and evaluate those rail freight lines that may be abandoned or have recently been abandoned;
(d) Quantify the costs and benefits of maintaining rail service on those lines that are likely to be abandoned;
(e) Establish priorities for determining which rail lines should receive state support. The priorities should include the anticipated benefits to the state and local economy, the anticipated cost of road and highway improvements necessitated by the abandonment or capacity constraints of the rail line, the likelihood the rail line receiving funding can meet operating costs from freight charges, surcharges on rail traffic, and other funds authorized to be raised by a county or port district, and the impact of abandonment or capacity constraints on changes in energy utilization and air pollution;
(f) Identify and describe the state's rail system;
(g) Prepare a state freight rail system map;
(h) Identify and evaluate rail commodity flows and traffic types;
(i) Identify lines and corridors that have been rail banked or preserved; and
(j) Identify and evaluate other issues affecting the state's rail traffic.
(2) The state rail plan may be prepared in conjunction with the rail plan prepared by the department pursuant to the federal Railroad Revitalization and Regulatory Reform Act.
[ 1995 c 380 s 3; 1993 c 224 s 2; 1985 c 432 s 1; 1983 c 303 s 5. Formerly RCW 47.76.020.]

catchline: State rail plan—Contents.


title: RCW 47.76.230

text:
(1) The department of transportation shall continue its responsibility for the development and implementation of the state rail plan and programs, and the utilities and transportation commission shall continue its responsibility for railroad safety issues.
(2) The department of transportation shall maintain an enhanced data file on the rail system. Proprietary annual station traffic data from each railroad and the modal use of major shippers must be obtained to the extent that such information is available.
(3) The department of transportation shall provide technical assistance, upon request, to state agencies and local interests. Technical assistance includes, but is not limited to, the following:
(a) Rail project cost-benefit analyses conducted in accordance with methodologies recommended by the federal railroad administration;
(b) Assistance in the formation of county rail districts and port districts; and
(c) Feasibility studies for rail service continuation or rail service assistance, or both.
(4) With funding authorized by the legislature, the department of transportation, in collaboration with the department of commerce, and local economic development agencies, and other interested public and private organizations, shall develop a cooperative process to conduct community and business information programs and to regularly disseminate information on rail matters.
[ 2023 c 470 s 2090; 2007 c 234 s 94; 1995 c 380 s 4; 1990 c 43 s 3. Formerly RCW 47.76.120.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Construction—Severability—Headings—1990 c 43: See notes following RCW 81.100.010.

catchline: Freight rail planning—Railroad safety.


title: RCW 47.76.240

text:
The state, counties, local communities, ports, railroads, labor, and shippers all benefit from continuation of rail service and should participate in its preservation. Lines that provide benefits to the state and local jurisdictions, such as avoided roadway costs, reduced traffic congestion, economic development potential, environmental protection, and safety, should be assisted through the joint efforts of the state, local jurisdictions, and the private sector.
State funding for rail service, rail preservation, and corridor preservation projects must benefit the state's interests. The state's interest is served by reducing public roadway maintenance and repair costs, increasing economic development opportunities, increasing domestic and international trade, preserving jobs, and enhancing safety. State funding for projects is contingent upon appropriate local jurisdiction and private sector participation and cooperation. Before spending state moneys on projects, the department shall seek federal, local, and private funding and participation to the greatest extent possible.
(1) The department of transportation shall continue to monitor the status of the state's mainline and branchline common carrier railroads and preserved rail corridors through the state rail plan and various analyses, and shall seek alternatives to abandonment prior to interstate commerce commission proceedings, where feasible.
(2) The utilities and transportation commission shall intervene in proceedings of the surface transportation board, or its successor agency, on abandonments, when necessary, to protect the state's interest.
(3) The department of transportation, in consultation with the Washington state freight rail policy advisory committee, shall establish criteria for evaluating rail projects and corridors of significance to the state.
(4) Local jurisdictions may implement rail service preservation projects in the absence of state participation.
(5) The department of transportation shall continue to monitor projects for which it provides assistance.
[ 2007 c 234 s 95; 1995 c 380 s 5; 1993 c 224 s 3; 1990 c 43 s 4. Formerly RCW 47.76.130.]
Notes:
Construction—Severability—Headings—1990 c 43: See notes following RCW 81.100.010.

catchline: Rail preservation program.


title: RCW 47.76.250

text:
(1) The essential rail assistance account is created in the state treasury. Moneys in the account may be appropriated only for the purposes specified in this section.
(2) Moneys appropriated from the account to the department of transportation may be used by the department or distributed by the department to cities, county rail districts, counties, economic development councils, port districts, and privately or publicly owned railroads for the purpose of:
(a) Acquiring, rebuilding, rehabilitating, or improving rail lines;
(b) Purchasing or rehabilitating railroad equipment necessary to maintain essential rail service;
(c) Constructing railroad improvements to mitigate port access or mainline congestion;
(d) Construction of loading facilities to increase business on light density lines or to mitigate the impacts of abandonment;
(e) Preservation, including operation, of light density lines, as identified by the Washington state department of transportation, in compliance with this chapter; or
(f) Preserving rail corridors for future rail purposes by purchase of rights-of-way. The department shall first pursue transportation enhancement program funds, available under the federal surface transportation program, to the greatest extent practicable to preserve rail corridors. Purchase of rights-of-way may include track, bridges, and associated elements, and must meet the following criteria:
(i) The right-of-way has been identified and evaluated in the state rail plan prepared under this chapter;
(ii) The right-of-way may be or has been abandoned; and
(iii) The right-of-way has potential for future rail service.
(3) The department or the participating local jurisdiction is responsible for maintaining any right-of-way acquired under this chapter, including provisions for drainage management, fire and weed control, and liability associated with ownership.
(4) Nothing in this section impairs the reversionary rights of abutting landowners, if any, without just compensation.
(5) The department, cities, county rail districts, counties, and port districts may grant franchises to private railroads for the right to operate on lines acquired under this chapter.
(6) The department, cities, county rail districts, counties, and port districts may grant trackage rights over rail lines acquired under this chapter.
(7) If rail lines or rail rights-of-way are used by county rail districts, port districts, state agencies, or other public agencies for the purposes of rail operations and are later abandoned, the rail lines or rail rights-of-way cannot be used for any other purposes without the consent of the underlying fee titleholder or reversionary rights holder, or until compensation has been made to the underlying fee titleholder or reversionary rights holder.
(8) The department of transportation shall develop criteria for prioritizing freight rail projects that meet the minimum eligibility requirements for state assistance under RCW 47.76.240. The department shall develop criteria in consultation with the Washington state freight rail policy advisory committee. Project criteria should consider the level of local financial commitment to the project as well as cost/benefit ratio. Counties, local communities, railroads, shippers, and others who benefit from the project should participate financially to the greatest extent practicable.
(9) Moneys received by the department from franchise fees, trackage rights fees, and loan payments shall be redeposited in the essential rail assistance account. Repayment of loans made under this section shall occur within a period not longer than fifteen years, as set by the department. The repayment schedule and rate of interest, if any, shall be determined before the distribution of the moneys.
(10) The state shall maintain a contingent interest in any equipment, property, rail line, or facility that has outstanding grants or loans. The owner may not use the line as collateral, remove track, bridges, or associated elements for salvage, or use it in any other manner subordinating the state's interest without permission from the department.
(11) Moneys may be granted for improvements to privately owned railroads, railroad property, or other private property under this chapter for freight rail projects that meet the minimum eligibility criteria for state assistance under RCW 47.76.240, and which are supported by contractual consideration. At a minimum, such contractual consideration shall consist of defined benefits to the public with a value equal to or greater than the grant amount, and where the grant recipient provides the state a contingent interest adequate to ensure that such public benefits are realized.
[ 2009 c 160 s 1; 1996 c 73 s 2; 1995 c 380 s 6; 1993 c 224 s 4; 1991 sp.s. c 13 s 22; 1991 c 363 s 125; 1990 c 43 s 11. Prior: 1985 c 432 s 2; 1985 c 57 s 64; 1983 c 303 s 6. Formerly RCW 47.76.030.]
Notes:
Effective date—1996 c 73: "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 [March 13, 1996]." [ 1996 c 73 s 4.]
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Construction—Severability—Headings—1990 c 43: See notes following RCW 81.100.010.
Effective date—1985 c 57: See note following RCW 18.04.105.
County rail districts: Chapter 36.60 RCW.
Port districts, acquisition and operation of facilities: RCW 53.08.020.

catchline: Essential rail assistance account—Purposes.


title: RCW 47.76.255

text:
All revenue received by the department of transportation from operating leases or other business operations on the Palouse River and Coulee City rail lines must be deposited in the essential rail assistance account created in RCW 47.76.250 and used only for the refurbishment or improvement of the Palouse River and Coulee City rail lines.
[ 2011 c 161 s 3.]

catchline: Essential rail assistance account—Deposit of revenue from lease or operations on Palouse River and Coulee City rail lines.


title: RCW 47.76.270

text:
The essential rail banking account is merged into the essential rail assistance account created under RCW 47.76.250. Any appropriations made to the essential rail banking account are transferred to the essential rail assistance account, and are subject to the restrictions of that account.
[ 1995 c 380 s 7; 1993 c 224 s 6; 1991 sp.s. c 13 s 120; 1991 c 363 s 127; 1990 c 43 s 7. Formerly RCW 47.76.160.]
Notes:
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Construction—Severability—Headings—1990 c 43: See notes following RCW 81.100.010.

catchline: Essential rail banking account merged into essential rail assistance account.


title: RCW 47.76.280

text:
(1) The department may sell or lease property acquired under this chapter to a county rail district established under chapter 36.60 RCW, a county, a port district, or any other public or private entity authorized to operate rail service. Any public or private entity that originally donated funds to the department under this chapter shall receive credit against the purchase price for the amount donated to the department, less management costs, in the event such public or private entity purchases the property from the department.
(2) If no county rail district, county, port district, or other public or private entity authorized to operate rail service purchases or leases the property within six years after its acquisition by the department, the department may sell or lease such property in the manner provided in RCW 47.76.290. Failing this, the department may sell or convey all such property in the manner provided in RCW 47.76.300 or 47.76.320.
(3) Property acquired by the department under this chapter that is not essential for the operation of the rail service contemplated in subsections (1) and (2) of this section may be sold or leased at any time following acquisition in the manner provided in RCW 47.76.290.
[ 2011 c 161 s 1; 1995 c 380 s 8; 1993 c 224 s 7; 1991 sp.s. c 15 s 61; 1991 c 363 s 126; 1985 c 432 s 3. Formerly RCW 47.76.040.]
Notes:
Construction—Severability—1991 sp.s. c 15: See note following RCW 46.68.110.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Sale or lease for use as rail service—Time limit.


title: RCW 47.76.290

text:
(1) If real property acquired by the department under this chapter that is essential for the operation of the rail service contemplated in RCW 47.76.280 is not sold or leased to a public or private entity authorized to operate rail service within six years of its acquisition by the department, the department may sell or lease the property at fair market value, except as provided in RCW 47.76.370, to any of the following governmental entities or persons:
(a) Any other state agency;
(b) The city or county in which the property is situated;
(c) Any other municipal corporation;
(d) The former owner, heir, or successor of the property from whom the property was acquired; or
(e) Any abutting private owner or owners.
(2)(a) Real property acquired by the department under this chapter that is not essential for the operation of the rail service contemplated in RCW 47.76.280 may be leased or sold at fair market value, at any time following acquisition, to any entity or person in the following priority order:
(i) The current tenant or lessee of the real property or real property abutting the property being sold;
(ii) An abutting private owner, but only after each other abutting private owner, if any, as shown in the records of the county assessor, is notified in writing of the proposed sale. If more than one abutting private owner requests in writing the right to purchase the real property within fifteen days after receiving notice of the proposed sale, the real property must be sold at public auction in the manner provided in RCW 47.76.320 (2) through (4);
(iii) Any other state agency;
(iv) The city or county in which the real property is situated;
(v) Any other municipal corporation; or
(vi) The former owner, heir, or successor of the real property from whom the real property was acquired.
(b) If the department intends to sell or lease property under this subsection to an entity or person that is not the entity or person with the highest priority status under this subsection, the department must give written notice to each entity or person with higher priority status under this subsection that is reasonably considered to have an interest in the property. The entity with the highest priority status, willing to enter into a sale or lease at fair market value, must be given right of first refusal to buy or lease the property.
(3) Notice of intention to sell under this section shall be given by publication in one or more newspapers of general circulation in the area in which the property is situated not less than thirty days prior to the intended date of sale.
(4) Sales to purchasers under this section may, at the department's option, be for cash or by real estate contract, except that any such property of the Palouse River and Coulee City rail lines that was purchased with bond proceeds in November 2004 may be sold only for cash at fair market value.
(5) Conveyances made under this section shall be by deed executed by the secretary of transportation and shall be duly acknowledged.
(6) All moneys received under this section shall be deposited in the essential rail assistance account created in RCW 47.76.250. Any moneys deposited under this subsection from sales or leases of property that are related, in any way, to the Palouse River and Coulee City rail lines must be used and, in the case of moneys received from sales, expended within two years of receipt, only for the refurbishment or improvement of the Palouse River and Coulee City rail lines.
[ 2015 c 281 s 2; 2011 c 161 s 2; 1993 c 224 s 8; 1991 sp.s. c 15 s 62; 1985 c 432 s 4. Formerly RCW 47.76.050.]
Notes:
Effective date—2015 c 281: See note following RCW 47.76.370.
Construction—Severability—1991 sp.s. c 15: See note following RCW 46.68.110.

catchline: Sale or lease for other use—Authorized buyers, notice, terms, deed, deposit of moneys.


title: RCW 47.76.300

text:
If real property acquired by the department under this chapter is not sold to a public or private entity authorized to operate rail service within six years of its acquisition by the department, the department may transfer and convey the property to the United States, its agencies or instrumentalities, to any other state agency, or to any county or city or port district of this state when, in the judgment of the secretary, the transfer and conveyance is consistent with the public interest. Whenever the secretary makes an agreement for any such transfer or conveyance, the secretary shall execute and deliver to the grantee a deed of conveyance, easement, or other instrument, duly acknowledged, as necessary to fulfill the terms of the agreement. All moneys paid to the state of Washington under this section shall be deposited in the essential rail banking account of the general fund.
[ 1993 c 224 s 9; 1991 sp.s. c 15 s 63; 1985 c 432 s 5. Formerly RCW 47.76.060.]
Notes:
Construction—Severability—1991 sp.s. c 15: See note following RCW 46.68.110.

catchline: Sale for other use—Governmental entity.


title: RCW 47.76.310

text:
The department is authorized subject to the provisions and requirements of zoning ordinances of political subdivisions of government, to rent or lease any lands acquired under this chapter, upon such terms and conditions as the department determines.
[ 1993 c 224 s 10; 1991 sp.s. c 15 s 64; 1985 c 432 s 6. Formerly RCW 47.76.070.]
Notes:
Construction—Severability—1991 sp.s. c 15: See note following RCW 46.68.110.

catchline: Rent or lease of lands.


title: RCW 47.76.320

text:
(1) If real property acquired by the department under this chapter is not sold, conveyed, or leased to a public or private entity within six years of its acquisition by the department, the department may, in its discretion, sell the property at public auction in accordance with subsections (2) through (5) of this section.
(2) The department shall first give notice of the sale by publication on the same day of the week for two consecutive weeks, with the first publication at least two weeks before the date of the auction, in a legal newspaper of general circulation in the area where the property to be sold is located. The notice shall be placed in both the legal notices section and the real estate classified section of the newspaper. The notice shall contain a description of the property, the time and place of the auction, and the terms of the sale. The sale may be for cash or by real estate contract.
(3) In accordance with the terms set forth in the notice, the department shall sell the property at the public auction to the highest and best bidder if the bid is equal to or higher than the appraised fair market value of the property.
(4) If no bids are received at the auction or if all bids are rejected, the department may, in its discretion, enter into negotiations for the sale of the property or may list the property with a licensed real estate broker. No property may be sold by negotiations or through a broker for less than the property's appraised fair market value. Any offer to purchase real property under this subsection shall be in writing and may be rejected at any time before written acceptance by the department.
(5) Conveyances made under this section shall be by deed executed by the secretary of transportation and shall be duly acknowledged.
(6) All moneys received under this section shall be deposited in the essential rail banking account of the general fund.
[ 1993 c 224 s 11; 1991 sp.s. c 15 s 65; 1985 c 432 s 7. Formerly RCW 47.76.080.]
Notes:
Construction—Severability—1991 sp.s. c 15: See note following RCW 46.68.110.

catchline: Sale at public auction.


title: RCW 47.76.330

text:
Transfers of ownership of property acquired under this chapter are exempt from chapters 8.25 and 8.26 RCW.
[ 1993 c 224 s 12; 1991 sp.s. c 15 s 66; 1985 c 432 s 8. Formerly RCW 47.76.090.]
Notes:
Construction—Severability—1991 sp.s. c 15: See note following RCW 46.68.110.

catchline: Eminent domain exemptions.


title: RCW 47.76.350

text:
The department of transportation shall continue to monitor federal rail policies and congressional action and communicate to Washington's congressional delegation and federal transportation agencies the need for a balanced transportation system and associated funding.
[ 1990 c 43 s 10. Formerly RCW 47.76.190.]
Notes:
Construction—Severability—Headings—1990 c 43: See notes following RCW 81.100.010.

catchline: Monitoring federal rail policies.


title: RCW 47.76.360

text:
Funds deemed by the department of transportation, in consultation with relevant port districts, to be in excess of current operating needs or capital reserves of the grain train program may be transferred from the miscellaneous program account to the essential rail assistance account created in RCW 47.76.250 for the purpose of sustaining the grain train program.
[ 2012 c 86 s 801.]
Notes:
Effective date—2012 c 86: "Except for sections 701 through 713, 805, and 806 of this act, 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 [March 23, 2012]." [ 2012 c 86 s 902.]

catchline: Transfer of funds in excess of grain train program operating needs or capital reserves authorized.


title: RCW 47.76.370

text:
(1) The department must transfer, at no cost, to the Port of Royal Slope the Royal Slope railroad right-of-way, and any materials, equipment, and supplies purchased as a part of the Royal Slope rehabilitation project (L1000053).
(2) The Port of Royal Slope must maintain the Royal Slope railroad right-of-way and contract with an operator to provide service.
(3)(a) If the Port of Royal Slope is unable to secure an operator for any continuous five-year period, the right-of-way and any materials, equipment, and remaining supplies revert to the department.
(b) If ownership of the right-of-way reverts to the department under this subsection, the property must be in at least substantially the same condition as when the right-of-way was initially transferred under this section.
(4) Any operator agreement entered into under this section must not limit the state's ability to enter into a franchise agreement on the rail line. If the state enters into such a franchise agreement, the agreement must allow any person operating on that rail line pursuant to a valid contract to continue to operate under the terms of the contract.
[ 2015 c 281 s 1.]
Notes:
Effective date—2015 c 281: "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 [May 18, 2015]." [ 2015 c 281 s 3.]

catchline: Royal Slope railroad right-of-way—Transfer, reversion, agreement.


title: RCW 47.76.400

text:
The legislature finds that an actively coordinated and cooperatively facilitated railcar pool for transportation of perishable agricultural commodities is necessary for the continued viability and competitiveness of Washington's agricultural industry. The legislature also finds that the rail transportation model established by the Washington Grain Train program has been successful in serving the shipping needs of the wheat industry.
It is, therefore, the intent of the legislature to authorize and direct the Washington department of transportation to develop a railcar program for Washington's perishable commodity industries to be known as the Washington Produce Railcar Pool. This railcar program should be modeled from the Washington Grain Train program, but be made flexible enough to work with entities outside state government in order to fulfill its mission, including, but not limited to, the federal and local governments, commodity commissions, and private entities.
[ 2003 c 191 s 1.]

catchline: Produce railcar pool—Findings—Intent.


title: RCW 47.76.410

text:
As used in RCW 47.76.400 through * 47.76.450 "short line railroad" means a Class II or Class III railroad as defined by the United States Surface Transportation Board.
[ 2003 c 191 s 2.]
Notes:
*Reviser's note: RCW 47.76.450 was repealed by 2025 c 399 s 1.

catchline: Produce railcar pool—Definition.


title: RCW 47.76.420

text:
In addition to powers otherwise granted by law, the department may establish a Washington Produce Railcar Pool to promote viable, cost-effective rail service for Washington produce, including but not limited to apples, onions, pears, and potatoes, both processed and fresh.
To the extent that funds are appropriated, the department may:
(1) Operate the Washington Produce Railcar Pool program while working in close coordination with the department of agriculture, interested commodity commissions, port districts, and other interested parties;
(2) For the purposes of this program:
(a) Purchase or lease new or used refrigerated railcars;
(b) Accept donated refrigerated railcars; and
(c) Refurbish and remodel the railcars;
(3) Hire, in consultation with affected stakeholders, including but not limited to short line railroads, commodity commissions, and port districts, a transportation management firm to perform the function outlined in RCW 47.76.440; and
(4) Contribute the efforts of a short line rail-financing expert to find funding for the project to help interested short line railroads in this state to accomplish the necessary operating arrangements once the railcars are ready for service.
[ 2003 c 191 s 3.]

catchline: Produce railcar pool—Departmental authority.


title: RCW 47.76.430

text:
To the extent that funds are appropriated, the department shall fund the program as follows: The department may accept funding from the federal government, or other public or private sources, to purchase or lease new or used railcars and to refurbish and remodel the railcars as needed. Nothing in this section precludes other entities, including but not limited to short line railroads, from performing the remodeling under RCW 47.76.400 through * 47.76.450.
[ 2003 c 191 s 4.]
Notes:
*Reviser's note: RCW 47.76.450 was repealed by 2025 c 399 s 1.

catchline: Produce railcar pool—Funding.


title: RCW 47.76.440

text:
(1) The transportation management firm hired under RCW 47.76.420(3) shall manage the day-to-day operations of the railcars, such as monitoring the location of the cars, returning them to this state, distributing them, arranging for pretrips and repairs, and arranging for per diem, mileage allowances, and other freight billing charges with the railroads.
(2) The railcar pool must be managed over the life of the railcars so that the railcars will be distributed to railroads and port districts around the state for produce loadings as market conditions warrant or to other users, including out-of-state users by contractual agreement, during times of excess capacity.
(3) To maximize railcar availability and use, the department or the transportation management firm may make agreements with the transcontinental railroad systems to pool Washington-owned or Washington-managed railcars with those of the railroads. In such instances, the railroad must agree to provide immediately an equal number of railcars to the Washington railcar pool.
(4) The department shall act in an oversight role to verify that the railcar pool is managed in accordance with subsections (2) and (3) of this section.
[ 2003 c 191 s 5.]

catchline: Produce railcar pool—Management.


title: RCW 47.76.460

text:
(1) The department shall establish a freight rail investment bank program for the purpose of supporting freight rail capital needs by providing low-interest loans to entities based on the state's interests as outlined in RCW 47.76.240.
(2) The department shall issue freight rail investment bank program loans with a repayment period of no more than 15 years, and charge only so much interest as is necessary to recoup the department's costs to administer the loans.
(3) The department shall report annually to the transportation committees of the legislature and the office of financial management on all freight rail investment bank loans issued.
(4) Projects shall be evaluated using a cost-benefit methodology. The methodology must use the following legislative priorities:
(a) Economic, safety, or environmental advantages of freight movement by rail compared to alternative modes;
(b) Self-sustaining economic development that creates family-wage jobs;
(c) Preservation of transportation corridors that would otherwise be lost;
(d) Increased access to efficient and cost-effective transport to market for Washington's agricultural and industrial products;
(e) Better integration and cooperation within the regional, national, and international systems of freight distribution; and
(f) Mitigation of impacts of increased rail traffic on communities.
[ 2023 c 447 s 3.]

catchline: Freight rail investment bank program.