AN ACT Relating to creating a volunteer highway sweeping program for businesses; and adding a new section to chapter 47.40 RCW.

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

NEW SECTION.  Sec. 1. A new section is added to chapter 47.40 RCW to read as follows:

(1)(a) The department shall establish a statewide volunteer highway sweeping program. The purpose of the program is to provide businesses an opportunity to contribute to cleaner roadways and a cleaner environment. Participating businesses may 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 volunteer highway sweeping projects.

(b) The volunteer highway sweeping program may include, at a minimum, cleanup on highways and shoulders and any other roadside improvement or clean-up activities the department deems appropriate. The department shall not accept volunteer highway sweeping proposals that have the effect of terminating classified employees or classified employee positions.

(2) A business choosing to participate in the volunteer highway sweeping program must have relevant street sweeping experience and be able to supply its own appropriate safety equipment, and submit a proposal to the department. The department shall review 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 businesses to facilitate the goals of this section. The department may solicit funding for the volunteer highway sweeping 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) A business whose name: (a) Endorses or opposes a particular candidate for public office, (b) advocates a position on a specific political issue, initiative, referendum, or piece of legislation, or (c) includes a reference to a political party is not eligible to participate in the volunteer highway sweeping program.

(5) In administering the volunteer highway sweeping program, the department shall:

(a) Provide a standardized application form, registration form, and contractual agreement for all participating businesses. 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 eighteen years of age;

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

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

(e) Recognize the efforts of a participating business by erecting and maintaining signs with the business's name on both ends of the business's section of highway;

(f) Provide safety training for all participants;

(g) Provide appropriate traffic control while a business is sweeping the highway;

(h) 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;

(i) Require participating businesses 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;

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

(k) Adopt rules that establish a process to resolve any question of a business's eligibility to participate in the volunteer highway sweeping program;

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

(m) Establish procedures and guidelines for the volunteer highway sweeping program.

(6) 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.

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