BILL REQ. #:  H-2874.3 

Prefiled 01/06/14. Read first time 01/13/14.   Referred to Committee on Environment.

     AN ACT Relating to recreational trails; amending RCW 78.44.131, 79.10.120, 79.10.130, and 79A.15.070; reenacting and amending RCW 79A.05.030; adding a new section to chapter 79A.80 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.01 RCW; adding a new section to chapter 77.12 RCW; creating new sections; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature finds that the citizens of the state will benefit from a coordinated state-led effort to plan recreational trails that are accessible by the greatest number of people and are constructed to common sense standards that are consistent statewide. The legislature further finds that these goals can be met by removing local control over standards, recognizing trails as the temporary structures that they are and thereby eliminating public controversy and user conflicts when they are built and maintained, establishing a respected system or process that allows for public involvement in both the creation and development of trails, and establishing a staffing balance that consists of those who have shared experience with the public in their field of recreation so as to eliminate unnecessary extra costs and establish guidelines for trail design, development, construction, usage, and competitive use.

NEW SECTION.  Sec. 2   A new section is added to chapter 79A.80 RCW to read as follows:
     (1) Each agency must develop and implement an official recreational trail policy applicable to that agency that is consistent with this section and the management mandate of the agency.
     (2)(a) A recreational trail policy developed by an agency under this section must consider a recreational trail to be a temporary use of the land it is situated upon and the impacts on soils as part of the soil use and not damage to the forest floor or other resource. As such, recreational trails should be developed and managed in a manner that ensures the lowest construction and maintenance costs by requiring the least amount of manufacturing, introduction of new materials, and dirt displacement, removal, and disturbance while emphasizing water and sediment delivery to the forest floor as frequently as possible. When possible, the agencies should use trail standards developed by the United States forest service as primary guidelines for trail construction and maintenance.
     (b) Trails developed and maintained consistent with a recreational trail policy developed under this section must be consistent with chapter 77.55 RCW and all rules administered by the department of ecology. However, except as otherwise provided in sections 3, 4, and 5 of this act, the trails are not subject to any regulations or policies administered by a city, county, or other form of local government.
     (c) When developing a recreational trail system, an agency must attempt to incorporate all appropriate established and user-built trails. An agency must also give priority use for recreational trail development on any former mining site located on land managed by the agency.
     (3)(a) A recreational trail policy developed by an agency under this section must also include guidelines for the use of the trails, including guidelines for organized trail events and competitions. These guidelines must promote the influx of local tourism, consider the use of supplemental trails, provide protection from overuse, utilize volunteers for trail maintenance, and contain a promotional and public outreach element.
     (b) The use guidelines must allow for appropriate organized group events and competitions on the trails. Organized group competitions must be limited to no more than four events per permitted area. All group organizers must carry event insurance, share revenue information for the event with the applicable agency, and be responsible for maintenance and restoration following the event. The group organizers must share event revenue with the host agency based on a gate fee for the event set at a rate of between fifty and sixty percent of the event's gate fee.
     (4)(a) Each agency must regularly hold community public forums in areas where trails exist or are proposed. The purpose of the forums is to allow members of the local community to share concerns and ideas or organize themselves for volunteer trail maintenance.
     (b)(i) In addition to the public forums, each trail area must be assigned one volunteer support and design team. Each volunteer support and design team is comprised of five individuals assigned by the implementing agency representing different trail user group types. Each volunteer support and design team member must be able to document at least five years of continued participation in their assigned user activity. Each area that is under construction or consideration for recreation must have a separate team with no one person serving on more than two teams at any given time.
     (ii) The agencies must use the volunteer support and design teams to provide information as to the public's desired uses of the trails and must give deference to the teams' construction recommendations.
     (5) A recreational trail policy developed by an agency under this section must provide for each agency to enter into a hold harmless agreement with all volunteers coordinating with the agency under the policy. The hold harmless agreement must allow for the use of all equipment that volunteers bring for use and include signed statements by the volunteers as to their stated qualifications for using the equipment. The agreements must disclose all limitations on protection and workplace insurance if an accident occurs.
     (6) The agencies may implement all of, or any part of, this section together and jointly if they decide that interagency cooperation allows the full implementation of this section at a lower cost.

NEW SECTION.  Sec. 3   A new section is added to chapter 35.21 RCW to read as follows:
     No regulation or policy adopted by a city may be applied to or enforced against a trail developed or maintained consistent with section 2 of this act except that a regulation or policy may apply to parking lots, trail heads, sanitation facilities, and permanent structures. A city may not classify a trail as a permanent structure.

NEW SECTION.  Sec. 4   A new section is added to chapter 35A.21 RCW to read as follows:
     No regulation or policy adopted by a code city may be applied to or enforced against a trail developed or maintained consistent with section 2 of this act except that a regulation or policy may apply to parking lots, trail heads, sanitation facilities, and permanent structures. A code city may not classify a trail as a permanent structure.

NEW SECTION.  Sec. 5   A new section is added to chapter 36.01 RCW to read as follows:
     No regulation or policy adopted by a county may be applied to or enforced against a trail developed or maintained consistent with section 2 of this act except that a regulation or policy may apply to parking lots, trail heads, sanitation facilities, and permanent structures. A county may not classify a trail as a permanent structure.

Sec. 6   RCW 78.44.131 and 1994 c 232 s 24 are each amended to read as follows:
     (1) The need for, and the practicability of, reclamation shall control the type and degree of reclamation in any specific instance. However, the basic objective of reclamation is to reestablish on a continuing basis the vegetative cover, slope stability, water conditions, and safety conditions suitable to the proposed subsequent use consistent with local land use plans for the surface mine site. When applicable and consistent with this basic objective, a priority use of reclaimed surface mine sites is to host recreational trails developed consistent with section 2 of this act.
     (2) Each permit holder shall comply with the minimum reclamation standards in effect on the date the permit was issued and any additional reclamation standards set forth in the approved reclamation plan. The department may modify, on a site specific basis, the minimum reclamation standards for metals mining and milling operations regulated under chapter 232, Laws of 1994 in order to achieve the reclamation and closure objectives of that chapter. The basic objective of reclamation for these operations is the reestablishment on a continuing basis of vegetative cover, slope stability, water conditions, and safety conditions.
     (3) Reclamation activities, particularly those relating to control of erosion and mitigation of impacts of mining to adjacent areas, shall, to the extent feasible, be conducted simultaneously with surface mining, and in any case shall be initiated at the earliest possible time after completion of surface mining on any segment of the permit area.
     (4) All reclamation activities shall be completed not more than two years after completion or abandonment of surface mining on each segment of the area for which a reclamation permit is in force.
     (5) The department may by contract delegate enforcement of provisions of reclamation plans to counties, cities, and towns. A county, city, or town performing enforcement functions may not impose any additional fees on permit holders.

Sec. 7   RCW 79.10.120 and 2003 c 182 s 2 are each amended to read as follows:
     Multiple uses additional to and compatible with those basic activities necessary to fulfill the financial obligations of trust management may include but are not limited to:
     (1) Recreational areas;
     (2) Recreational trails for both vehicular and nonvehicular uses developed and maintained consistent with section 2 of this act;
     (3) Special educational or scientific studies;
     (4) Experimental programs by the various public agencies;
     (5) Special events;
     (6) Hunting and fishing and other sports activities;
     (7) Nonconsumptive wildlife activities as defined by the board of natural resources;
     (8) Maintenance of scenic areas;
     (9) Maintenance of historical sites;
     (10) Municipal or other public watershed protection;
     (11) Greenbelt areas;
     (12) Public rights-of-way;
     (13) Other uses or activities by public agencies;
     If such additional uses are not compatible with the financial obligations in the management of trust land they may be permitted only if there is compensation from such uses satisfying the financial obligations.

Sec. 8   RCW 79.10.130 and 2013 c 15 s 1 are each amended to read as follows:
     (1) The department is hereby authorized to carry out all activities necessary to achieve the purposes of this section and RCW 79.10.060, 79.10.070, 79.10.100 through 79.10.120, ((79.10.130,)) 79.10.200 through 79.10.330, 79.44.003, and 79.105.050 including, but not limited to:
     (a) Planning, construction, and operation of conservation, recreational sites, areas, roads, and trails developed and maintained consistent with section 2 of this act, by itself or in conjunction with any public agency, nonprofit organization, volunteer, or volunteer organization, including entering cooperative agreements for these purposes;
     (b) Planning, construction, and operation of special facilities for educational, scientific, conservation, or experimental purposes by itself or in conjunction with any other public or private agency, including entering cooperative agreements for these purposes;
     (c) Improvement of any lands to achieve the purposes of this section and RCW 79.10.060, 79.10.070, 79.10.100 through 79.10.120, ((79.10.130,)) 79.10.200 through 79.10.330, 79.44.003, and 79.105.050, including entering cooperative agreements with public agencies, nonprofit organizations, volunteers, and volunteer organizations for these purposes;
     (d) Entering cooperative agreements with public agencies, nonprofit organizations, volunteers, and volunteer organizations regarding the use of lands managed by the department for the purpose of providing a benefit to lands managed by the department, including but not limited to the following benefits: The utilization of such lands for watershed purposes; carrying out restoration and enhancement projects on such lands, such as improving, restoring, or enhancing habitat that provides for plant or animal species protection; improving, restoring, or enhancing watershed conditions; removing nonnative vegetation and providing vegetation management to restore, enhance, or maintain properly functioning conditions of the local ecosystem; and other similar projects on these lands that provide long-term environmental and other land management benefits, provided that the cooperative agreements are consistent with land management obligations;
     (e) Authorizing individual volunteers and volunteer organizations to conduct restoration and enhancement projects on lands managed by the department through cooperative agreements authorized in this section or other arrangements that are consistent with land management obligations and that do not require the volunteers to pay a fee for the cooperative agreement purpose;
     (f) Authorizing the receipt of gifts of personal property, services, and other items of value for the purposes of this section, as well as the exchange of consideration in cooperative agreements authorized under this section;
     (g) The authority to make such leases, contracts, agreements, or other arrangements as are necessary to accomplish the purposes of this section and RCW 79.10.060, 79.10.070, 79.10.100 through 79.10.120, ((79.10.130,)) 79.10.200 through 79.10.330, 79.44.003, and 79.105.050. However, nothing in this section shall affect any existing requirements for public bidding or auction with private agencies or parties, except that agreements or other arrangements may be made with public schools, colleges, universities, governmental agencies, nonprofit organizations, volunteers, and volunteer organizations. In addition, nothing in this section is intended to conflict with the department's trust obligations.
     (2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Nonprofit organization" means: (i) Any organization described in section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)) and exempt from tax under section 501(a) of the internal revenue code; or (ii) any not-for-profit organization that is organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes.
     (b) "Volunteer" or "volunteer organization" means an individual or entity performing services for a nonprofit organization or a governmental entity who does not receive compensation, other than reasonable reimbursement or allowances for expenses actually incurred, or any other thing of value, in excess of five hundred dollars per year. "Volunteer" includes a volunteer serving as a director, officer, trustee, or direct service volunteer.

Sec. 9   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 consistent with section 2 of this act.
     (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 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. 10   RCW 79A.15.070 and 2007 c 241 s 33 are each amended to read as follows:
     (1) In determining which state parks proposals and local parks proposals to fund, the board shall use existing policies and priorities.
     (2) Except as provided in RCW 79A.15.030(7), moneys appropriated for this chapter may not be used by the board to fund staff or other overhead expenses, or by a state, regional, or local agency to fund operation or maintenance of areas acquired under this chapter.
     (3) Moneys appropriated for this chapter may be used by grant recipients for costs incidental to acquisition and development, including, but not limited to, surveying expenses, fencing, and signing.
     (4) The board may not approve a project of a local agency where the share contributed by the local agency is less than the amount to be awarded from the outdoor recreation account.
     (5) The board may adopt rules establishing acquisition policies and priorities for the acquisition and development of trails and water access sites to be financed from moneys in the outdoor recreation account.
     (6) In determining the acquisition and development priorities, the board shall consider, at a minimum, the following criteria:
     (a) For trails proposals:
     (i) Community support for the project;
     (ii) Immediacy of threat to the site;
     (iii) Linkage between communities;
     (iv) Linkage between trails;
     (v) Existing or potential usage;
     (vi) Consistency with a local land use plan, or a regional or statewide recreational or resource plan, including projects that assist in the implementation of local shoreline master plans updated according to RCW 90.58.080 or local comprehensive plans updated according to RCW 36.70A.130;
     (vii) Availability of water access or views;
     (viii) Enhancement of wildlife habitat; ((and))
     (ix) Consistency with section 2 of this act; and
     (x) Scenic values of the site.
     (b) For water access proposals:
     (i) Community support for the project;
     (ii) Distance from similar water access opportunities;
     (iii) Immediacy of threat to the site;
     (iv) Diversity of possible recreational uses;
     (v) Public demand in the area; and
     (vi) Consistency with a local land use plan, or a regional or statewide recreational or resource plan, including projects that assist in the implementation of local shoreline master plans updated according to RCW 90.58.080 or local comprehensive plans updated according to RCW 36.70A.130.
     (7) Before November 1st of each even-numbered year, the board shall recommend to the governor a prioritized list of all state agency and local projects to be funded under RCW 79A.15.050(1) (a), (b), (c), and (d). The governor may remove projects from the list recommended by the board and shall submit this amended list in the capital budget request to the legislature. The list shall include, but not be limited to, a description of each project and any particular match requirement, and describe for each project any anticipated restrictions upon recreational activities allowed prior to the project.

NEW SECTION.  Sec. 11   A new section is added to chapter 77.12 RCW to read as follows:
     When not inconsistent with its overall mission or land management purposes, the department shall manage any lands under its purview for recreational trail access consistent with section 2 of this act.

NEW SECTION.  Sec. 12   (1) The initial recreational trail policies required under section 2 of this act must be adopted by October 31, 2015.
     (2) This section expires June 30, 2016.