BP BHEAD INT H

AN ACT Relating to greenway preservation and development; adding a new chapter to Title 43 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that:

(1) As Washington's population expands, the preservation and development of scenic greenway areas will protect the natural resources of the region and enhance the livability of the region;

(2) Greenways promote and protect scenic vistas, water resources, forests, and wildlife habitat for the benefit of all citizens;

(3) Greenways can avoid or mitigate strip development in urban areas by providing open space separation and can increase the recreational and environmental value of protected areas by connecting them in a coordinated manner to expand hiking, biking, and scenic drive opportunities; and

(4) Achievement of greenways depends on cooperation and coordination among affected government agencies, and the active participation of locally based private citizens, including landowners, businesses, conservationists, recreationalists, and their various organizations.

It is therefore the policy of the state to promote development of greenways to provide environmental protection for present and future citizens of the state.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Greenway" means any corridor of varying width that links parks, rivers and bodies of water, and scenic and historic settings by means of parkways, highways, roads, trails, waterways, or contiguous open spaces.

(2) "Designated greenway" means any greenway determined under this chapter to be a greenway of state significance.

(3) "Protected area" means any publicly owned parkland, natural preserve, conservation area, or wetlands or publicly and privately owned farmlands, wetlands, forest, and other lands that are subject to public conservation easements or publicly acquired development rights.

(4) "Committee" means the committee described in section 4 of this act to assist the lead agency in development of a greenway development plan.

(5) "Plan" means the greenway development plan.

(6) "Local government" means the legislative authority of any city or county, a portion of whose territorial jurisdiction is bounded by or includes a designated greenway or proposed greenway.

NEW SECTION. Sec. 3. Proposals for greenway designation, including establishment, development, or expansion shall be submitted to the office of the governor. The governor shall review the proposals and may designate greenways of state significance.

NEW SECTION. Sec. 4. If a greenway is declared a designated greenway, the governor may appoint a lead agency and that agency assisted by a greenway review committee shall develop a long-range plan for development and protection of the proposed designated greenway. The lead agency may be a public agency or a public or private nonprofit corporation.

NEW SECTION. Sec. 5. The lead agency shall ensure that the committee includes representation from public and private interests necessary to ensure implementation of the greenway plan. The committee may include representation from the following:

(1) Appropriate state agencies;

(2) The organization submitting the greenway proposal;

(3) Local governments affected by a greenway designation;

(4) Environmental and recreational organizations;

(5) Affected Indian tribes; and

(6) Federal land management agencies in cases where a designated greenway passes through or is adjacent to federal land.

NEW SECTION. Sec. 6. The lead agency under section 4 of this act shall oversee development of a proposal for a long-range plan for greenway development and protection. The plan shall provide a framework for identifying areas suitable for greenway development and preservation of designated greenways. The plan shall include, but is not limited to the following components:

(1) Greenway management and recommendations to promote natural preservation and beneficial use of greenways;

(2) Wildlife habitat enhancement and wildlife passage within the greenway;

(3) Enhancement of landscape and view corridors of designated greenways and for connecting existing parks and protected areas;

(4) Development and integration of pedestrian, bicycle, and equestrian trails;

(5) Standards for signs related to highway safety, view points, rest areas, and trailheads;

(6) Standards to minimize vehicle congestion; and

(7) Funding, including the appropriate division of costs between state, local, and federal government.

NEW SECTION. Sec. 7. A greenway plan prepared under this chapter shall be submitted to the governor who may approve, revise and approve, or disapprove the plan. Prior to approval of a greenway plan, the governor shall ensure that public hearings are held. Not more than four nor less than two weeks prior to the hearing, notices shall be published twice in each of at least two daily newspapers of general circulation in the area affected by the greenway, stating the date, time, place, and subject matter of the hearing, including a map of the designated area.

NEW SECTION. Sec. 8. Once a greenway plan has been approved by the governor, state and local agencies shall consider the greenway plan in developing and implementing the plans and programs of those agencies. State and local agencies shall cooperate and assist in the implementation of greenway plans. Actions by such agencies shall be, to the extent reasonably practicable, consistent with the approved plan. Expenditures within appropriated funds by any state or local agency including grants to designated nonprofit corporations to prepare or carry out a part of such plan are hereby declared to be expenditures for a public purpose.

NEW SECTION. Sec. 9. Nothing in this chapter may be interpreted to require actions inconsistent with comprehensive plans and rules adopted under and identifications or designations made under chapter 36.70A RCW, or to alter the authority of the state, or a county or city to regulate land use activities.

NEW SECTION. Sec. 10. Sections 1 through 9 of this act shall constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 11. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

NEW SECTION. Sec. 12. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.