BILL REQ. #: S-1223.2
State of Washington | 63rd Legislature | 2013 Regular Session |
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.