BILL REQ. #:  S-1223.2 



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SUBSTITUTE SENATE BILL 5057
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State of Washington63rd Legislature2013 Regular Session

By Senate Natural Resources & Parks (originally sponsored by Senators Ericksen, Hargrove, Sheldon, Holmquist Newbry, Becker, King, Honeyford, and Shin)

READ FIRST TIME 02/08/13.   



     AN ACT Relating to public access to lands acquired in whole or part with public funds; adding a new section to chapter 79A.25 RCW; adding a new section to chapter 77.12 RCW; adding a new section to chapter 43.30 RCW; adding a new section to chapter 43.21A RCW; adding a new section to chapter 79A.05 RCW; and adding a new section to chapter 90.71 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 79A.25 RCW to read as follows:
     (1)(a) When providing any funds for or reimbursing expenses from the fee simple acquisition of real property, state agencies must ensure, through means such as contracts or deed restrictions, that the general public has regular access to the real property for purposes including outdoor recreation.
     (b) State agencies may approve a request to limit the general public's access to a property: (i) Consistent with the statutory conditions of a funding or reimbursement program; or (ii) to address significant risks to cultural and natural resources or significant impacts to adjacent landowners.
     (c) Any limitations on general public access must be narrowly tailored, with regards to timing, geographic area, and allowable uses, to address the specific risks or impacts identified.
     (2) This section applies to any funds distributed by or reimbursed from a state agency, including the office and the boards administered by the office, the department of natural resources, the department of fish and wildlife, the Puget Sound partnership, the state parks and recreation commission, and the department of ecology, for purposes of the fee simple acquisition of real property through grant programs or other funding mechanisms, including for purposes of salmon recovery funding, estuary restoration, or through the Washington wildlife and recreation program.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.12 RCW to read as follows:
     The department shall comply with the applicable requirements of section 1 of this act.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.30 RCW under the subchapter heading "Part 5 powers and duties--general" to read as follows:
     The department shall comply with the applicable requirements of section 1 of this act.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.21A RCW to read as follows:
     The department shall comply with the applicable requirements of section 1 of this act.

NEW SECTION.  Sec. 5   A new section is added to chapter 79A.05 RCW to read as follows:
     The commission shall comply with the applicable requirements of section 1 of this act.

NEW SECTION.  Sec. 6   A new section is added to chapter 90.71 RCW to read as follows:
     The partnership shall comply with the applicable requirements of section 1 of this act.

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