BILL REQ. #:  S-5061.1 

READ FIRST TIME 02/03/06.   

     AN ACT Relating to off-road vehicle noise; amending RCW 70.107.050, 70.107.060, and 46.09.120; creating new sections; prescribing penalties; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature finds that, as the population of Washington and the popularity of recreational off-road vehicle use have increased, a growing number of informal off-road vehicle tracks and riding areas have emerged in residential areas. When excessive noise is generated by off-road vehicle use in such areas, the residents of nearby properties may experience a negative impact on property values, health, and the ability of the residents to enjoy peace and quiet in their homes and yards.
     The legislature finds that, despite their efforts, many of those who live in close proximity to informal off-road vehicle riding areas have been unable to prompt their local governments to address noise issues.
     Therefore, the legislature intends to strengthen provisions governing off-road vehicle noise and to provide tools and resources to state agencies, local government, and citizens, in order to better protect individuals from the effects of excessive off-road vehicle noise in residential areas.

NEW SECTION.  Sec. 2   (1) The department of ecology shall, by June 30, 2007:
     (a) Evaluate the adverse effects of off-road vehicle noise in residential areas, including the evaluation of successful neighborhood strategies as well as problems and challenges; and
     (b) Revise the environmental noise rules and sound level measurement procedures adopted under chapter 70.107 RCW in order to:
     (i) Strengthen the decibel standards applied to off-road vehicle noise in order to address the adverse effects where they are found by the department pursuant to the evaluation under (a) of this subsection; and
     (ii) Create alternative methods for the measurement of off-road vehicle sound levels or alternative environmental noise standards that would allow for education about, and the enforcement of, noise standards without requiring the use of expensive equipment or a sophisticated measurement process.
     (2) For the purposes of this section, "off-road vehicle" shall have the same definition as provided in RCW 46.09.020.

Sec. 3   RCW 70.107.050 and 1987 c 103 s 2 are each amended to read as follows:
     (1) Any person who violates any rule adopted by the department under this chapter shall be subject to a civil penalty not to exceed ((one)) two hundred fifty dollars imposed by local government pursuant to this section. An action under this section shall not preclude enforcement of any provisions of the local government noise ordinance.
     Penalties shall become due and payable thirty days from the date of receipt of a notice of penalty unless within such time said notice is appealed in accordance with the administrative procedures of the local government, or if it has no such administrative appeal, to the pollution control hearings board pursuant to the provisions of chapter 43.21B RCW and procedural rules adopted thereunder. In cases in which appeals are timely filed, penalties sustained by the local administrative agency or the pollution control hearings board shall become due and payable on the issuance of said agency or board's final order in the appeal.
     (2) Whenever penalties incurred pursuant to this section have become due and payable but remain unpaid, the attorney for the local government may bring an action in the superior court of the county in which the violation occurred for recovery of penalties incurred. In all such actions the procedures and rules of evidence shall be the same as in any other civil action.

Sec. 4   RCW 70.107.060 and 1987 c 103 s 1 are each amended to read as follows:
     (1) Nothing in this chapter shall be construed to deny, abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.
     (2) Nothing in this chapter shall deny, abridge or alter any powers, duties and functions relating to noise abatement and control now or hereafter vested in any state agency, nor shall this chapter be construed as granting jurisdiction over the industrial safety and health of employees in work places of the state, as now or hereafter vested in the department of labor and industries.
     (3) Standards and other control measures adopted by the department under this chapter shall be exclusive except as hereinafter provided. A local government may impose limits or control ((sources differing from)) measures more stringent than those adopted or controlled by the department upon a finding that such requirements are necessitated by special conditions. Noise limiting requirements of local government which differ from those adopted or controlled by the department shall be invalid unless first approved by the department. If the department of ecology fails to approve or disapprove standards submitted by local governmental jurisdictions within ninety days of submittal, such standards shall be deemed approved. If disapproved, the local government may appeal the decision to the pollution control hearings board which shall decide the appeal on the basis of the provisions of this chapter, and the applicable regulations, together with such briefs, testimony, and oral argument as the hearings board in its discretion may require. The department determination of whether to grant approval shall depend on the reasonableness and practicability of compliance. Particular attention shall be given to stationary sources located near jurisdictional boundaries, and temporary noise producing operations which may operate across one or more jurisdictional boundaries.
     (4) In carrying out the rule-making authority provided in this chapter, the department shall follow the procedures of the administrative procedure act, chapter 34.05 RCW, and shall take care that no rules adopted purport to exercise any powers preempted by the United States under federal law.

Sec. 5   RCW 46.09.120 and 2005 c 213 s 3 are each amended to read as follows:
     (1) It is a traffic infraction for any person to operate any nonhighway vehicle:
     (a) In such a manner as to endanger the property of another;
     (b) On lands not owned by the operator or owner of the nonhighway vehicle without a lighted headlight and taillight between the hours of dusk and dawn, or when otherwise required for the safety of others regardless of ownership;
     (c) On lands not owned by the operator or owner of the nonhighway vehicle without an adequate braking device or when otherwise required for the safety of others regardless of ownership;
     (d) Without a spark arrester approved by the department of natural resources;
     (e) Without an adequate, and operating, muffling device which effectively limits vehicle noise to no more than eighty-six decibels on the "A" scale at fifty feet as measured by the Society of Automotive Engineers (SAE) test procedure J 331a, except that a maximum noise level of one hundred and five decibels for vehicles manufactured before January 1, 2007, or for vehicles manufactured after that date, ninety-six decibels on the "A" scale at a distance of twenty inches from the exhaust outlet shall be an acceptable substitute in lieu of the Society of Automotive Engineers test procedure J 331a when measured:
     (i) At a forty-five degree angle at a distance of twenty inches from the exhaust outlet;
     (ii) With the vehicle stationary and the engine running at a steady speed equal to one-half of the manufacturer's maximum allowable ("red line") engine speed or where the manufacturer's maximum allowable engine speed is not known the test speed in revolutions per minute calculated as sixty percent of the speed at which maximum horsepower is developed; and
     (iii) With the microphone placed ten inches from the side of the vehicle, one-half way between the lowest part of the vehicle body and the ground plane, and in the same lateral plane as the rearmost exhaust outlet where the outlet of the exhaust pipe is under the vehicle;
     (f) On lands not owned by the operator or owner of the nonhighway vehicle upon the shoulder or inside bank or slope of any nonhighway road or highway, or upon the median of any divided highway;
     (g) On lands not owned by the operator or owner of the nonhighway vehicle in any area or in such a manner so as to unreasonably expose the underlying soil, or to create an erosion condition, or to injure, damage, or destroy trees, growing crops, or other vegetation;
     (h) On lands not owned by the operator or owner of the nonhighway vehicle or on any nonhighway road or trail, when these are restricted to pedestrian or animal travel;
     (i) On any public lands in violation of rules and regulations of the agency administering such lands; and
     (j) On a private nonhighway road in violation of RCW 46.09.115(3).
     (2) It is a misdemeanor for any person to operate any nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance.
     (3)(a) Except for an off-road vehicle equipped with seat belts and roll bars or an enclosed passenger compartment, it is a traffic infraction for any person to operate or ride an off-road vehicle on a nonhighway road without wearing upon his or her head a motorcycle helmet fastened securely while in motion. For purposes of this section, "motorcycle helmet" has the same meaning as provided in RCW 46.37.530.
     (b) Subsection (3)(a) of this section does not apply to an off-road vehicle operator operating on his or her own land.
     (c) Subsection (3)(a) of this section does not apply to an off-road vehicle operator operating on agricultural lands owned or leased by the off-road vehicle operator or the operator's employer.

NEW SECTION.  Sec. 6   (1) The interagency committee for outdoor recreation shall convene a working group to develop and propose policy strategies and legislation to address issues relating to access to public and private lands for recreational off-road vehicle use, including:
     (a) Proposals to improve and increase recreational off-road vehicle use opportunities on public lands where such use is compatible with other types of recreation and the environmental, habitat, and trust responsibilities of the department of natural resources and other public land managers, and to decrease use where it is not compatible;
     (b) Proposals for addressing the conflicts and safety issues posed by the growing pressure on public and private lands available for recreational off-road vehicle use, including noise issues and any recommended changes to the recreational use immunity statute, RCW 4.24.210; and
     (c) Proposals to ensure the existence of the financial resources necessary to provide access to appropriate public lands for recreational off-road vehicle use, including funding for agency planning and management activities, land stewardship and trail maintenance, noise control, and education and enforcement programs.
     (2) The working group consists of the following:
     (a) One member from the department of natural resources, appointed by the commissioner of public lands;
     (b) One member from the department of fish and wildlife, appointed by the director of the department of fish and wildlife;
     (c) One member from the state parks and recreation commission, appointed by the director of the state parks and recreation commission;
     (d) One member from the interagency committee for outdoor recreation, appointed by the director of the interagency committee for outdoor recreation;
     (e) Two members representing county governments, one county commissioner each from an urban and a rural county, invited by the governor;
     (f) One member representing the United States forest service, invited by the governor;
     (g) Two members representing off-road vehicle recreational user groups, invited by the governor;
     (h) One member representing private land managers, invited by the governor;
     (i) One member representing the off-road vehicle industry, invited by the governor;
     (j) A representative of local law enforcement, selected by the sheriffs and police chiefs association;
     (k) Two members representing nonmotorized outdoor recreation, invited by the governor;
     (l) One representative of environmental organization, appointed by the governor; and
     (m) One representative of the department of ecology, appointed by the director of ecology.
     (3) The two members of the house of representatives, one from each major caucus, may be appointed to the working group by the speaker of the house of representatives, and two members of the senate, one from each major caucus, may be appointed to the working group by the president of the senate. Legislative members are nonvoting liaisons representing the legislature.
     (4) In carrying out its duties, the working group shall provide a forum for interested citizens and organizations to provide information and suggestions to the working group.
     (5) The working group shall deliberate together in developing its recommendations. A report shall be issued by the working group and may contain majority reports and minority reports. The reports shall be provided to the governor and legislature by December 1, 2007.
     (6) This section expires June 30, 2008.

NEW SECTION.  Sec. 7   If specific funding for the purposes of sections 2 and 6 of this act, referencing the section by section number and by bill or chapter number, is not provided by June 30, 2006, each section not referenced is null and void.