H-3062.2

SUBSTITUTE HOUSE BILL 2373

ByHouse Transportation (originally sponsored by Representatives Ramos and Nance)

AN ACT Relating to modifying the adopt-a-highway program to further the purpose of civic engagement and collaboration; amending RCW 47.40.100 and 47.36.400; and creating new sections.

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

The legislature intends, therefore, to refocus the adopt-a-highway program to emphasize that the program is a public-private partnership between the state and its citizens in carrying out the government function of keeping our roadways clean. Participation in the program should demonstrate a commitment by an individual or group to partner with and support the government of the state of Washington in keeping its roads litter free for the benefit of all roadway users.

In carrying out this public-private partnership, the legislature intends for the Washington state department of transportation to communicate that individuals and groups working to keep state roads free of litter are working collaboratively with the department to perform a core government function. The legislature intends for any roadside signage or recognition of such volunteers by the department of transportation to be an opportunity for the government to acknowledge and promote the public-private partnership it has entered into with individuals or groups, including businesses and nonprofit organizations, rather than to advertise a good or service.

To that end, the legislature intends to: (1) Refocus the adopt-a-highway program as a public-private partnership to satisfy a core government function; (2) modify adopt-a-highway signage to emphasize the recognition of that government partnership; and (3) ensure that program participants selected to participate in the public-private partnership do not undercut the spirit of civic engagement and collaboration being furthered by the program.

Sec. 2. RCW 47.40.100 and 2019 c 353 s 11 are each amended to read as follows:

(1)(a) The department of transportation shall establish a statewide adopt-a-highway program. The purpose of the program is to ((provide))solicit volunteers ((and businesses an opportunity)), whether individuals or groups, including businesses and nonprofit organizations, to partner with the department to contribute to a cleaner environment, enhanced roadsides, and protection of wildlife habitats. Participating volunteers ((and businesses shall))may be selected to adopt department-designated sections of state highways, rest areas, park and ride lots, intermodal facilities, and any other facilities the department deems appropriate, in accordance with rules adopted by the department. The department may elect to coordinate a consortium of participants for adopt-a-highway projects.

(b) The adopt-a-highway program shall include, at a minimum, litter control for the adopted section, and may include additional responsibilities such as planting and maintaining vegetation, controlling weeds, graffiti removal, and any other roadside improvement or clean-up activities the department deems appropriate. Whenever possible, when planting and maintaining vegetation, volunteers ((and businesses)) should use native forage plants that are pollen-rich or nectar-rich and beneficial for all pollinators, including honey bees, in order to develop habitat beneficial for the feeding, nesting, and reproduction of pollinators. The department shall not accept adopt-a-highway proposals that would have the effect of terminating classified employees or classified employee positions.

(2) A volunteer individual or group ((or business choosing)), including businesses and nonprofit organizations, that would like to participate in the adopt-a-highway program must submit a proposal to the department. The department shall ((review))determine whether to partner with the applicant by reviewing the proposal for consistency with departmental policy and rules. The department may accept, reject, or modify an applicant's proposal.

(3) The department shall seek partnerships with ((volunteer groups and businesses))volunteers to facilitate the goals of this section. The department may solicit funding for the adopt-a-highway program that allows private entities to undertake all or a portion of financing for the initiatives. The department shall develop guidelines regarding the cash, labor, and in-kind contributions to be performed by the participants.

(4) The department shall not partner with the following applicants:

(a) An organization whose name: (((a)))(i) Endorses or opposes a particular candidate for public office, (((b)))(ii) advocates a position on a specific political issue, initiative, referendum, or piece of legislation, or (((c)))(iii) includes a reference to a political party ((shall not be eligible to participate in the adopt-a-highway program)); or

(b) An individual or group, or a local chapter of a group, that publicly endorses or promotes unlawful violence, a message that is contrary to the adopt-a-highway program's promotion of citizen participation to support core government functions.

(5) In administering the adopt-a-highway program, the department shall:

(a) Provide a standardized application form, registration form, and contractual agreement for all participating ((groups))volunteers. The forms shall notify the prospective participants of the risks and responsibilities to be assumed by the department and the participants;

(b) Require all participants to be at least ((fifteen))15 years of age;

(c) Require parental consent for all minors;

(d) Require at least one adult supervisor for every eight minors;

(e) Require one designated leader for each participating ((organization))group, unless the department chooses to coordinate a consortium of participants;

(f) Assign each participating ((organization))volunteer a section or sections of state highway, or other state-owned transportation facilities, for a specified period of time;

(g) Recognize the ((efforts of a))state's partnership with participating ((organization))volunteers by erecting and maintaining signs with the ((organization's))volunteer's name on both ends of the ((organization's))volunteer's section of highway to notify the public of the department's collaboration with the volunteer. Such signs are government speech in which the department shall recognize the volunteer's participation in the public-private partnership; the signs are not intended to function primarily as advertising for a good or service, and the department may not construe them as advertising when soliciting applicants to the program;

(h) Provide appropriate safety equipment. Safety equipment issued to participating ((groups))volunteers must be returned to the department upon termination of the applicable adopt-a-highway agreement;

(i) Provide safety training for all participants;

(j) Pay any and all premiums or assessments required under RCW 51.12.035 to secure medical aid benefits under chapter 51.36 RCW for all volunteers participating in the program;

(k) Require participating businesses to pay all employer premiums or assessments required to secure medical aid benefits under chapter 51.36 RCW for all employees or agents participating in the program;

(l) Maintain records of all injuries and accidents that occur;

(m) Adopt rules that establish a process to resolve any question of ((an organization's))volunteers' eligibility to participate in the adopt-a-highway program;

(n) Obtain permission from property owners who lease right-of-way before allowing ((an organization))volunteers to adopt a section of highway on such leased property; and

(o) Establish procedures and guidelines for the adopt-a-highway program.

(6) A volunteer may contract with a third party to perform the services necessary to satisfy the terms of the agreement between the volunteer and the department provided the third-party services are consistent with the requirements of subsection (5) of this section.

(7) Nothing in this section affects the rights or activities of, or agreements with, adjacent landowners, including the use of rights-of-way and crossings, nor impairs these rights and uses by the placement of signs.

Sec. 3. RCW 47.36.400 and 1998 c 180 s 1 are each amended to read as follows:

The department may install adopt-a-highway signs, with the following restrictions:

(1) Signs shall be designed by the department and may only include the words "adopt-a-highway litter control facility" or "adopt-a-highway litter control next XX miles," ((and)) the name of the litter control area sponsor, and a brief phrase of recognition of the government partnership. The sponsor's name shall not be displayed more predominantly than the remainder of the sign message. Trademarks or business logos may be displayed, but may not be displayed more predominantly than the remainder of the sign message;

(2) Signs may be placed along interstate, primary, and scenic system highways;

(3) Signs may be erected at other state-owned transportation facilities in accordance with RCW 47.40.100(1);

(4) For each litter control area designated by the department, one sign may be placed visible to traffic approaching from each direction;

(5) Signs shall be located so as not to detract from official traffic control signs installed pursuant to the manual on uniform traffic control devices adopted by the department;

(6) Signs shall be located so as not to restrict sight distance on approaches to intersections or interchanges;

(7) The department may charge reasonable fees to defray the cost of manufacture, installation, and maintenance of adopt-a-highway signs.

(2) The department shall immediately terminate contracts in effect with volunteers that it determines are not eligible to participate under this act upon conducting the review authorized in subsection (1) of this section.

(3) Volunteers participating in the adopt-a-highway program as of the effective date of this section who remain eligible to participate in the program are not required to reapply to continue their participation in the program.

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