BILL REQ. #:  S-4347.1 

Read first time 01/18/2006.   Referred to Committee on Water, Energy & Environment.

     AN ACT Relating to off-road vehicle noise; amending RCW 46.09.170, 70.107.050, and 70.107.060; creating new sections; and prescribing penalties.

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. Excessive noise generated by off-road vehicle use in such areas has affected the residents of nearby properties, impacting property values, health, and the ability of 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   The department of ecology shall, by June 30, 2007:
     (1) Evaluate the adverse effects of off-road vehicle noise in residential areas; and
     (2) Revise the environmental noise rules and sound level measurement procedures adopted under chapter 70.107 RCW in order to:
     (a) Strengthen the decibel standards applied to off-road vehicle noise in order to address the adverse effects found by the department under subsection (1) of this section; and
     (b) Create alternative methods for the measurement of off-road vehicle sound levels or alternative environmental noise standards that would allow for the enforcement of noise standards without requiring the use of expensive equipment or a sophisticated measurement process.

Sec. 3   RCW 46.09.170 and 2004 c 105 s 6 are each amended to read as follows:
     (1) From time to time, but at least once each year, the state treasurer shall refund from the motor vehicle fund one percent of the motor vehicle fuel tax revenues collected under chapter 82.36 RCW, based on a tax rate of: (a) Nineteen cents per gallon of motor vehicle fuel from July 1, 2003, through June 30, 2005; (b) twenty cents per gallon of motor vehicle fuel from July 1, 2005, through June 30, 2007; (c) twenty-one cents per gallon of motor vehicle fuel from July 1, 2007, through June 30, 2009; (d) twenty-two cents per gallon of motor vehicle fuel from July 1, 2009, through June 30, 2011; and (e) twenty-three cents per gallon of motor vehicle fuel beginning July 1, 2011, and thereafter, less proper deductions for refunds and costs of collection as provided in RCW 46.68.090.
     (2) The treasurer shall place these funds in the general fund as follows:
     (a) Thirty-six percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of natural resources solely for acquisition, planning, development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities, and information programs and maintenance of nonhighway roads;
     (b) Three and one-half percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of fish and wildlife solely for the acquisition, planning, development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities and the maintenance of nonhighway roads;
     (c) Two percent shall be credited to the ORV and nonhighway vehicle account and administered by the parks and recreation commission solely for the acquisition, planning, development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities; and
     (d) Fifty-eight and one-half percent shall be credited to the nonhighway and off-road vehicle activities program account to be administered by the committee for planning, acquisition, development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities and for education, information, and law enforcement programs. The funds under this subsection shall be expended in accordance with the following limitations:
     (i) Not more than thirty percent may be expended for education, information, and law enforcement programs under this chapter, including programs involving the enforcement of complaints concerning noise from off-road vehicles in private residential areas. The committee shall inform appropriate state and local agencies of the availability of funding for programs relating to off-road vehicle noise in residential areas and provide the agencies with instructions on how to apply for funds;
     (ii) Not less than seventy percent may be expended for ORV, nonmotorized, and nonhighway road recreation facilities. Except as provided in (d)(iii) of this subsection, of this amount:
     (A) Not less than thirty percent, together with the funds the committee receives under RCW 46.09.110, may be expended for ORV recreation facilities;
     (B) Not less than thirty percent may be expended for nonmotorized recreation facilities. Funds expended under this subsection (2)(d)(ii)(B) shall be known as Ira Spring outdoor recreation facilities funds; and
     (C) Not less than thirty percent may be expended for nonhighway road recreation facilities;
     (iii) The committee may waive the minimum percentage cited in (d)(ii) of this subsection due to insufficient requests for funds or projects that score low in the committee's project evaluation. Funds remaining after such a waiver must be allocated in accordance with committee policy.
     (3) On a yearly basis an agency may not, except as provided in RCW 46.09.110, expend more than ten percent of the funds it receives under this chapter for general administration expenses incurred in carrying out this chapter.
     (4) During the 2003-05 fiscal biennium, the legislature may appropriate such amounts as reflect the excess fund balance in the NOVA account to the interagency committee for outdoor recreation, the department of natural resources, the department of fish and wildlife, and the state parks and recreation commission. This appropriation is not required to follow the specific distribution specified in subsection (2) of this section.

Sec. 4   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 hundred dollars)) imposed by local government pursuant to this section. The penalty shall be imposed in an amount not to exceed one hundred dollars for the first violation, two hundred fifty dollars for the second violation, and one thousand dollars for the third and all subsequent violations. 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. 5   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.