Bill Would Repeal Clark County's Freight Rail-Dependent Use Exemption; Sponsors Cite Environmental, Fiscal Harm

Senate Bill 5820 would eliminate Clark County's authority to adopt freight rail-dependent use (FRDU) overlays in its comprehensive plan, a change proponents say is necessary to protect agricultural lands and prevent environmentally destructive industrial development adjacent to short-line railroads.

Sen. Adrian Cortez, the bill's sponsor, told the committee the 2017 exemption promised economic development but instead "has been quite the opposite." He cited public records and federal- and state-level enforcement actions alleging unpermitted activities by the operator, described litigation costs to taxpayers of "close to $1,000,000," and said local residents and the city of Battleground oppose the industrial overlay.

Opponents and affected parties painted a mixed picture. Amber Carter, counsel for the Portland Vancouver Junction Railroad (the operator for the county-owned Cholachee Prairie Railroad), warned repeal would affect contractual rights, strand state and private investments, and raise preemption and lease issues. Carter said the operator has been the lessee since 2004 and that the county previously received state investments for portions of the rail line.

Ken Chubb of the Association of Washington Business opposed the repeal on economic and climate grounds, saying rail is a carbon-efficient freight mode and that removing FRDU authority would undermine communities' ability to plan for rail-served industrial sites. Local officials and community groups, including Troy McCoy (Battleground council) and John Nanny (Cholachee Prairie Coalition), urged repeal, citing lack of demonstrated local benefits, litigation costs, and environmental harm at specific sites.

The committee recorded broad, contested testimony and did not take a final vote in the transcript.