BILL REQ. #:  S-2241.4 

Read first time 04/04/13.   Referred to Committee on Ways & Means.

     AN ACT Relating to state parks; amending RCW 79A.05.335, 79A.05.340, 79A.05.345, 79A.70.005, 79A.70.010, 79A.70.020, 79A.70.030, 79A.70.040, 79A.05.025, 79A.05.175, 79A.05.178, 82.19.040, 70.93.180, and 79A.05.215; reenacting and amending RCW 79A.05.030; adding a new section to chapter 79A.80 RCW; adding new sections to chapter 79A.05 RCW; creating a new section; repealing RCW 79A.70.050; providing an effective date; providing expiration dates; and declaring an emergency.

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

Sec. 1   RCW 79A.05.335 and 1991 c 107 s 1 are each amended to read as follows:
     The legislature finds that the lands owned and managed by the ((state parks and recreation)) commission are a significant collection of valuable natural, cultural, and historical((, and cultural)) resources for the citizens of Washington state. The legislature further finds that if citizens understand and appreciate the ((state park ecological resources, they will come to appreciate and understand the ecosystems and natural resources throughout the state)) natural, cultural, and historical resources present in Washington's state parks, they will be inspired to conserve this important legacy for future generations. Therefore, the ((state parks and recreation)) commission may ((increase the)) use ((of)) its facilities and resources to provide ((environmental)) natural, cultural, or historical resource interpretation throughout the state parks system.

Sec. 2   RCW 79A.05.340 and 1991 c 107 s 2 are each amended to read as follows:
     The ((state parks and recreation)) commission may provide ((environmental interpretative)) natural, cultural, or historical resource interpretive activities for visitors to state parks that:
     (1) Explain the functions, history, significance, and cultural aspects of ecosystems;
     (2) Explain the relationship between human needs, human behaviors and attitudes, and the environment; ((and))
     (3) Explain the diverse human heritage and cultural changes over time in Washington state;
     (4) Offer experiences and information to increase citizen understanding, appreciation, enjoyment, and stewardship of ((the environment and its multiple uses)) their natural, cultural, ethnic, and artistic heritage; and
     (5) Explain the need for natural, cultural, and historical resource protection and preservation as well as the methods by which these goals can be achieved.

Sec. 3   RCW 79A.05.345 and 1991 c 107 s 3 are each amended to read as follows:
     The ((state parks and recreation)) commission may consult and enter into agreements with and solicit assistance from ((private sector organizations and other governmental agencies that are interested in conserving and interpreting Washington's environment. The commission shall not permit commercial advertising in state park lands or interpretive centers as a condition of such agreements. Logos or credit lines for sponsoring organizations may be permitted. The commission shall maintain an accounting of all monetary gifts provided, and expenditures of monetary gifts shall not be used to increase personnel)) the state parks foundation, private sector individuals, organizations, businesses, employee business units, other public agencies, and tribes that are interested in stewarding and interpreting state parks natural, cultural, scenic, and recreational resources.

Sec. 4   RCW 79A.70.005 and 2000 c 25 s 1 are each amended to read as follows:
     The legislature finds that:
     (1) State parks are a valuable asset to the people of the state of Washington, contributing to their health, education, and well-being;
     (2) Well maintained state parks are an attraction and contribute significantly to the economic well-being of the state of Washington;
     (3) Well maintained state parks encourage the appreciation of the natural resources and natural beauty of the state of Washington;
     (4) There is an increasing demand for more state parks and more state parks services;
     (5) There are individuals and groups who desire to contribute to the continued vitality of the state parks system;
     (6) Providing a tax-deductible method for individuals and groups to contribute is an effective way of increasing available funds to improve the state parks system; and
     (7) It is in the public interest to create a nonprofit foundation to provide such a method for individuals and groups to contribute to the preservation, restoration, ((and)) enhancement, and operation of the state parks system.

Sec. 5   RCW 79A.70.010 and 2000 c 25 s 2 are each amended to read as follows:
     The purpose of the Washington state parks ((gift)) foundation is to solicit support ((for the state parks system, cooperate with other organizations, and to encourage gifts to support and improve the state parks)), build constituencies, engage in public outreach, cooperate with other organizations, and encourage gifts and private sponsorship activities to support operation, acquisition, and improvement of state parks. The foundation shall take the lead role in soliciting, recognizing, and cultivating enduring relationships with private donors and sponsors.

Sec. 6   RCW 79A.70.020 and 2000 c 25 s 3 are each amended to read as follows:
     The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise.
     (1) "Foundation" means the Washington state parks ((gift)) foundation((,)) created in RCW 79A.70.030.
     (2) "State parks" means that system of parks administered by the commission under this title.
     (3) "Eligible grant recipients" includes any and all of the activities of the commission in carrying out the provisions of this title and friends groups or other cooperating associations established solely for the benefit of state parks.
     (4) "Eligible projects" means any project, action, program, or part of any project ((or)), action, or program that serves to preserve, restore, improve, ((or)) enhance ((the)), or otherwise contribute to the operation of state parks.

Sec. 7   RCW 79A.70.030 and 2000 c 25 s 4 are each amended to read as follows:
     (1) By September 1, 2000, the commission shall file articles of incorporation in accordance with the Washington nonprofit corporation act, chapter 24.03 RCW, to establish the Washington state parks ((gift)) foundation. The foundation shall not be an agency, instrumentality, or political subdivision of the state and shall not disburse public funds.
     (2) The foundation shall have a board of directors consisting of up to fifteen members((. Initial members of the board shall be appointed by the governor and collectively have experience in business, charitable giving, outdoor recreation, and parks administration. Initial appointments shall be made by September 30, 2000. Subsequent board members shall be elected by the general membership of the foundation.
     (3) Members of the board shall serve three-year terms, except for the initial terms, which shall be staggered by the governor to achieve a balanced mix of terms on the board. Members of the board may serve up to a maximum of three terms. At the end of a term, a member may continue to serve until a successor has been elected)), whose terms, method of appointment, and authority must be in accordance with the Washington nonprofit corporation act, chapter 24.03 RCW.

Sec. 8   RCW 79A.70.040 and 2000 c 25 s 5 are each amended to read as follows:
     (1) ((As soon as practicable, the board of directors shall organize themselves and the foundation suitably to carry out the duties of the foundation, including achieving federal tax-exempt status.
     (2))) The foundation shall actively solicit contributions from individuals and groups for the benefit of the state parks. The foundation shall coordinate with the commission and take the lead role in appropriately thanking, recognizing, and inviting donors to further support operation, acquisition, and improvement of state parks and other purposes of this chapter.
     (((3))) (2) The foundation shall develop criteria jointly with the agency director for guiding ((themselves)) the foundation in either the creation of an endowment, or the making of grants to eligible grant recipients and eligible projects in the state parks, or both.
     (((4))) (3) A competitive grant process shall be conducted at least annually by the foundation to award funds ((to the)) for the benefit of state parks. Competitive grant applications shall only be submitted to the foundation by the commission, friends groups, or other cooperating associations established for the benefit of state parks. ((The process shall be started as soon as practicable.)) Grants shall be awarded to eligible projects consistent with the criteria developed jointly by the foundation and ((shall be available only for state parks use on eligible projects)) the agency director.

NEW SECTION.  Sec. 9   A new section is added to chapter 79A.80 RCW to read as follows:
     (1) By mutual agreement, the agencies may sell discounted discover passes at a rate below that established under RCW 79A.80.020 or discounted day-use permits at a rate below that established under RCW 79A.80.030 for purposes of bulk sales to retailers, agency license and permit product bundling, and partnership opportunities to expand accessibility and visibility of the discover pass and recreational opportunities on agency-managed lands.
     (2) In exercising this authority, the agencies must prioritize opportunities for discounted sales that result in a net revenue gain.

Sec. 10   RCW 79A.05.025 and 1999 c 249 s 202 are each amended to read as follows:
     The commission shall elect one of its members as chair. The commission may be convened at such times as the chair deems necessary, and a majority shall constitute a quorum for the transaction of business. The votes of a majority of the commissioners present are required to approve a measure or decision brought to a vote.

Sec. 11   RCW 79A.05.030 and 2005 c 373 s 1 and 2005 c 360 s 5 are each reenacted and amended to read as follows:
     The commission shall:
     (1) Have the care, charge, control, and supervision of all parks and parkways acquired or set aside by the state for park or parkway purposes.
     (2) Adopt policies, and adopt, issue, and enforce rules pertaining to the use, care, and administration of state parks and parkways. The commission shall cause a copy of the rules to be kept posted in a conspicuous place in every state park to which they are applicable, but failure to post or keep any rule posted shall be no defense to any prosecution for the violation thereof.
     (3) Permit the use of state parks and parkways by the public under such rules as shall be adopted.
     (4) Clear, drain, grade, seed, and otherwise improve or beautify parks and parkways, and erect structures, buildings, fireplaces, and comfort stations and build and maintain paths, trails, and roadways through or on parks and parkways.
     (5) Grant concessions or leases in state parks and parkways, upon such rentals, fees, or percentage of income or profits and for such terms, in no event longer than fifty years, and upon such conditions as shall be approved by the commission: PROVIDED, That ((leases exceeding a twenty-year term shall require a unanimous vote of the commission: PROVIDED FURTHER, That)) if, during the term of any concession or lease, it is the opinion of the commission that it would be in the best interest of the state, the commission may, with the consent of the concessionaire or lessee, alter and amend the terms and conditions of such concession or lease: PROVIDED FURTHER, That television station leases shall be subject to the provisions of RCW 79A.05.085, only: PROVIDED FURTHER, That the rates of such concessions or leases, other than concessions or leases to a public agency as defined in RCW 39.34.020, shall be renegotiated at five-year intervals. No concession shall be granted which will prevent the public from having free access to the scenic attractions of any park or parkway.
     (6) Employ such assistance as it deems necessary. Commission expenses relating to its use of volunteer assistance shall be limited to premiums or assessments for the insurance of volunteers by the department of labor and industries, compensation of staff who assist volunteers, materials and equipment used in authorized volunteer projects, training, reimbursement of volunteer travel as provided in RCW 43.03.050 and 43.03.060, and other reasonable expenses relating to volunteer recognition. The commission, at its discretion, may waive commission fees otherwise applicable to volunteers. The commission shall not use volunteers to replace or supplant classified positions. The use of volunteers may not lead to the elimination of any employees or permanent positions in the bargaining unit.
     (7) By majority vote of its authorized membership select and purchase or obtain options upon, lease, or otherwise acquire for and in the name of the state such tracts of land, including shore and tide lands, for park and parkway purposes as it deems proper. If the commission cannot acquire any tract at a price it deems reasonable, it may, by majority vote of its authorized membership, obtain title thereto, or any part thereof, by condemnation proceedings conducted by the attorney general as provided for the condemnation of rights-of-way for state highways. Option agreements executed under authority of this subsection shall be valid only if:
     (a) The cost of the option agreement does not exceed one dollar; and
     (b) Moneys used for the purchase of the option agreement are from (i) funds appropriated therefor, or (ii) funds appropriated for undesignated land acquisitions, or (iii) funds deemed by the commission to be in excess of the amount necessary for the purposes for which they were appropriated; and
     (c) The maximum amount payable for the property upon exercise of the option does not exceed the appraised value of the property.
     (8) Cooperate with the United States, or any county or city of this state, in any matter pertaining to the acquisition, development, redevelopment, renovation, care, control, or supervision of any park or parkway, and enter into contracts in writing to that end. All parks or parkways, to which the state contributed or in whose care, control, or supervision the state participated pursuant to the provisions of this section, shall be governed by the provisions hereof.
     (9) Within allowable resources, maintain policies that increase the number of people who have access to free or low-cost recreational opportunities for physical activity, including noncompetitive physical activity.
     (10) Adopt rules establishing the requirements for a criminal history record information search for the following: Job applicants, volunteers, and independent contractors who have unsupervised access to children or vulnerable adults, or who will be responsible for collecting or disbursing cash or processing credit/debit card transactions. These background checks will be done through the Washington state patrol criminal identification section and may include a national check from the federal bureau of investigation, which shall be through the submission of fingerprints. A permanent employee of the commission, employed as of July 24, 2005, is exempt from the provisions of this subsection.

Sec. 12   RCW 79A.05.175 and 2007 c 145 s 1 are each amended to read as follows:
     Whenever the commission finds that any land under its control cannot advantageously be used for park purposes, it is authorized to dispose of such land by the method provided in this section or by the method provided in RCW 79A.05.170. If such lands are school or other grant lands, control thereof shall be relinquished by resolution of the commission to the proper state officials. If such lands were acquired under restrictive conveyances by which the state may hold them only so long as they are used for park purposes, they may be returned to the donor or grantors by the commission. All other such lands may be either sold by the commission to the highest bidder or exchanged for other lands of equal value by the commission, and all conveyance documents shall be executed by the governor. All such exchanges shall be accompanied by a transfer fee, to be set by the commission and paid by the other party to the transfer; such fee shall be paid into the parkland acquisition account established under RCW 79A.05.170. The commission may accept sealed bids, electronic bids, or oral bids at auction. Bids on all sales shall be solicited at least twenty days in advance of the sale date by an advertisement appearing at least once a week for two consecutive weeks in a newspaper of general circulation in the county in which the land to be sold is located. If the commission feels that no bid received adequately reflects the fair value of the land to be sold, it may reject all bids, and may call for new bids. All proceeds derived from the sale of such park property shall be paid into the park land acquisition account. All land considered for exchange shall be evaluated by the commission to determine its adaptability to park usage. The equal value of all lands exchanged shall first be determined by the appraisals to the satisfaction of the commission. ((No sale or exchange of state park lands shall be made without the unanimous consent of the commission.))

Sec. 13   RCW 79A.05.178 and 2000 c 42 s 1 are each amended to read as follows:
     (1) Notwithstanding any other provision of this chapter, the commission may directly dispose of up to ten contiguous acres of real property, without public auction, to resolve trespass, property ownership disputes, and boundary adjustments with adjacent private property owners. Real property to be disposed of under this section may be disposed of only after appraisal and for at least fair market value, and only if the transaction is in the best interest of the state. The commission shall cooperate with potential purchasers to arrive at a mutually agreeable sales price. If necessary, determination of fair market value may include the use of separate independent appraisals by each party and the review of the appraisals, as agreed upon by the parties. All conveyance documents shall be executed by the governor. All proceeds from the disposal of the property shall be paid into the park land acquisition account. ((No disposal of real property may be made without the unanimous consent of the commission.))
     (2) Prior to the disposal of any real property under subsection (1) of this section, the commission shall hold a public hearing on the proposal in the county where the real property, or the greatest portion of the real property, is located. At least ten days, but not more than twenty-five days, prior to the hearing, the commission shall publish a paid public notice of reasonable size in display advertising form, setting forth the date, time, and place of the hearing, at least once in one or more daily newspapers of general circulation in the county and at least once in one or more weekly newspapers circulated in the area where the real property is located. A news release concerning the public hearing must be disseminated among print and electronic media in the area where the real property is located. The public notice and news release shall also identify the real property involved in the proposed disposal and describe the purpose of the proposed disposal. A summary of the testimony presented at the public hearing shall be prepared for the commission's consideration when reviewing the proposed disposal of real property.
     (3) If there is a failure to substantially comply with the procedures set out under this section, then the agreement to dispose of the real property is subject to being declared invalid by a court of competent jurisdiction. Such a suit must be brought within one year of the date of the real property disposal agreement.

NEW SECTION.  Sec. 14   A new section is added to chapter 79A.05 RCW to read as follows:
     (1) When entering into any agreement under RCW 79A.05.345 or otherwise involving the management of state park lands or facilities by a public or private partner, the commission shall consider, when appropriate:
     (a) If the entity has an adequate source of available funding to assume the financial responsibilities of the agreement;
     (b) If the entity has sufficient expertise to assume the scope of responsibilities of the agreement;
     (c) If the agreement results in net financial benefits to the state; and
     (d) If the agreement results in advancement of the commission's public purpose.
     (2) Any agreement subject to this section must include specific performance measures. These measures must cover, but are not limited to, the entity's ability to manage financial operating costs, to adequately perform management responsibilities, and to address and respond to public concerns. The agreement must provide that failure to meet any performance measure may lead to the termination of the contract or requirements for remedial action to be taken before the agreement may be extended.

NEW SECTION.  Sec. 15   A new section is added to chapter 79A.05 RCW to read as follows:
     (1) The commission shall continue its ongoing efforts to evaluate the agency's mission and options to improve the efficiency and effectiveness of the agency, which may include the evaluation of options relating to organizational structure, administrative processes, land and facility ownership and management, and provision of services.
     (2) The evaluation must include development of specific performance measures relating to the efficiency and effectiveness of the agency, which may include measures relating to data collection necessary for future analysis consistent with the purposes of this section.
     (3) By September 1st of each even-numbered year, the commission shall, consistent with RCW 43.01.036, provide the office of financial management and appropriate committees of the senate and house of representatives with an analysis of the commission's progress in achieving the performance measures during the current biennium and performance measures for the next biennium that are informed by, and build on, the commission's previous efforts under this section.

NEW SECTION.  Sec. 16   (1) In developing the initial performance measures required by section 15 of this act that are due by September 1, 2014, the state parks and recreation commission shall produce and consider the following:
     (a) An inventory of land and facilities owned and managed by state parks and a process to upgrade the inventory to one capable of describing primary land and facility uses;
     (b) An evaluation of the lands and facilities identified under (a) of this subsection for lands and facilities surplus to state park needs and actions taken or planned to dispose of or more advantageously position these assets;
     (c) Current annual visitation categorized by state park and a process to upgrade the system for collecting parks visitation data to better understand existing and potential markets for park services;
     (d) A process to systematically assess and prioritize the state park and recreation commission's capital needs, including a financial analysis;
     (e) An inventory of and progress developing ongoing partnerships with entities including the state parks foundation, state park friends groups, and other appropriate public and nonprofit entities;
     (f) An inventory of existing enterprise activities and agreements at state parks, including those relating to product sales, concessions, sponsorships, and advertising, and a process for identifying and evaluating additional potential enterprise opportunities for generating revenue or cost savings;
     (g) A summary of actions taken and planned for application of lean management philosophies and tools throughout the agency; and
     (h) A summary of actions taken and planned towards continued development of a sustained, strategic approach to marketing state parks.
     (2) The information to be produced and considered under subsection (1) of this section must be provided to the office of financial management and appropriate committees of the senate and house of representatives, concurrently with the performance measures required under section 15 of this act, by September 1, 2014.
     (3) This section expires June 30, 2015.

Sec. 17   RCW 82.19.040 and 2001 c 118 s 6 are each amended to read as follows:
     (1) To the extent applicable, all of the definitions of chapter 82.04 RCW and all of the provisions of chapter 82.32 RCW apply to the tax imposed in this chapter.
     (2) Taxes collected under this chapter shall be ((deposited in)) distributed as follows: (a) Five million dollars per fiscal year must be deposited in equal monthly amounts to the state parks renewal and stewardship account under RCW 79A.05.215; and (b) the remainder to the waste reduction, recycling, and litter control account under RCW 70.93.180.

Sec. 18   RCW 70.93.180 and 2011 1st sp.s. c 50 s 963 are each amended to read as follows:
     (1) There is hereby created an account within the state treasury to be known as the "waste reduction, recycling, and litter control account". Moneys in the account may be spent only after appropriation. Expenditures from the waste reduction, recycling, and litter control account shall be used as follows:
     (a) Fifty percent to the department of ecology, for use by the departments of ecology, natural resources, revenue, transportation, and corrections, and the parks and recreation commission, for use in litter collection programs, to be distributed under RCW 70.93.220. The amount to the department of ecology shall also be used for a central coordination function for litter control efforts statewide, for the biennial litter survey under RCW 70.93.200(8), and for statewide public awareness programs under RCW 70.93.200(7). The amount to the department shall also be used to defray the costs of administering the funding, coordination, and oversight of local government programs for waste reduction, litter control, and recycling, so that local governments can apply one hundred percent of their funding to achieving program goals. The amount to the department of revenue shall be used to enforce compliance with the litter tax imposed in chapter 82.19 RCW;
     (b) Twenty percent to the department for local government funding programs for waste reduction, litter control, and recycling activities by cities and counties under RCW 70.93.250, to be administered by the department of ecology; and
     (c) Thirty percent to the department of ecology for waste reduction and recycling efforts.
     (2) All ((taxes imposed in RCW 82.19.010)) moneys directed to the waste reduction, recycling, and litter control account under RCW 82.19.040 and fines and bail forfeitures collected or received pursuant to this chapter shall be deposited in the ((waste reduction, recycling, and litter control)) account and used for the programs under subsection (1) of this section.
     (3) Not less than five percent and no more than ten percent of the amount appropriated into the waste reduction, recycling, and litter control account every biennium shall be reserved for capital needs, including the purchase of vehicles for transporting crews and for collecting litter and solid waste. Capital funds shall be distributed among state agencies and local governments according to the same criteria provided in RCW 70.93.220 for the remainder of the funds, so that the most effective waste reduction, litter control, and recycling programs receive the most funding. The intent of this subsection is to provide funds for the purchase of equipment that will enable the department to account for the greatest return on investment in terms of reaching a zero litter goal.
     (((4) During the 2009-2011 fiscal biennium, the legislature may transfer from the waste reduction, recycling, and litter control account to the state general fund such amounts as reflect the excess fund balance of the account. Additionally, during the 2009-2011 fiscal biennium, subsection (1)(a), (b), and (c) of this section is suspended.
     (5) During the 2011-2013 fiscal biennium, the legislature may transfer from the waste reduction, recycling, and litter control account to the state general fund such amounts as reflect the excess fund balance of the account. Additionally, during the 2011-2013 fiscal biennium, subsection (1)(a), (b), and (c) of this section is suspended.))

Sec. 19   RCW 79A.05.215 and 2011 c 320 s 22 are each amended to read as follows:
     The state parks renewal and stewardship account is created in the state treasury. Except as otherwise provided in this chapter, all receipts from user fees, concessions, leases, donations collected under RCW 46.16A.090(3), and other state park-based activities shall be deposited into the account. The proceeds from the recreation access pass account created in RCW 79A.80.090 ((must)) and amounts received under RCW 82.19.040 may only be used for the purpose of operating and maintaining state parks. Expenditures from the account may be used for operating state parks, developing and renovating park facilities, undertaking deferred maintenance, enhancing park stewardship, and other state park purposes. Expenditures from the account may be made only after appropriation by the legislature.

NEW SECTION.  Sec. 20   Sections 17 through 19 of this act expire June 30, 2017.

NEW SECTION.  Sec. 21   RCW 79A.70.050 (Foundation moneys not to supplant preexisting funding) and 2000 c 25 s 6 are each repealed.

NEW SECTION.  Sec. 22   Sections 17 through 19 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2013.