House Bill 2400 — Adopt-a-Waterway Program (Washington, 2024 Regular Session)

Summary

House Bill 2400 of the State of Washington, 68th Legislature, 2024 Regular Session, by Representative Orcutt. It was read first time 01/16/24 and referred to the Committee on Innovation, Community & Economic Development, & Veterans. The act relates to an adopt-a-waterway program and adds a new section to chapter 79A.05 RCW. The text provides that, subject to the availability of amounts appropriated for this specific purpose, the commission shall establish a statewide adopt-a-waterway program to provide organizations, businesses, and individuals an opportunity to clean, protect, and preserve the state's waterways.

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Full text

     H-2537.1

                                 HOUSE BILL 2400


     State of Washington         68th Legislature        2024 Regular Session

     By Representative Orcutt

     Read first time 01/16/24.      Referred to Committee     on   Innovation,
     Community & Economic Development, & Veterans.




 1       AN ACT Relating to an adopt-a-waterway program; and adding a new
 2   section to chapter 79A.05 RCW.


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


 4       NEW SECTION. Sec. 1. A new section is added to chapter 79A.05
 5   RCW to read as follows:
 6       (1)(a) Subject to the availability of amounts appropriated for
 7   this specific purpose, the commission shall establish a statewide
 8   adopt-a-waterway program. The purpose of the program is to provide
 9   organizations, businesses, and individuals an opportunity to clean,
10   protect, and preserve the state's waterways and contribute to the
11   protection of sensitive wildlife habitats. Participants shall adopt
12   commission-designated sections of state waterways, in accordance with
13   rules adopted by the commission. The commission may elect to
14   coordinate   a   consortium   of   participants   for    adopt-a-waterway
15   projects.
16       (b) The adopt-a-waterway program shall include, at a minimum,
17   litter   control   and   clean-up   activities   the   commission   deems
18   appropriate    for   the   adopted   section   of    waterway.   Selected
19   participants must engage in clean-up activities for the assigned
20   section or sections of waterways at least once during the duration of
21   the agreement, and at least once per year for agreements lasting
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 1   longer than a year. The commission shall not accept adopt-a-waterway
 2   proposals that would have the effect of terminating classified
 3   employees or classified employee positions.
 4       (2) Organizations, businesses, and individuals are eligible to
 5   participate in the adopt-a-waterway program, either as volunteers or
 6   through sponsorship of private contracts, provided there is a section
 7   of a waterway available, in the opinion of the commission, that can
 8   be safely assigned. Interested participants must submit a proposal to
 9   the commission. The commission shall review the proposal for
10   consistency with commission policies and rules. The commission may
11   accept, reject, or modify an applicant's proposal.
12       (3) The commission shall seek partnerships with volunteer groups
13   and businesses to facilitate the goals of this section. The
14   commission may solicit funding for the adopt-a-waterway program that
15   allows private entities to undertake all or a portion of financing
16   for the initiatives. The commission shall develop guidelines
17   regarding the cash, labor, and in-kind contributions to be performed
18   or provided by the participants.
19       (4) An applicant is not eligible if the applicant's name (a)
20   endorses or opposes a particular candidate for public office, (b)
21   advocates a position on a specific political issue, initiative,
22   referendum, or piece of legislation, (c) includes a reference to a
23   political party, or (d) includes a reference to anything that may be
24   considered or construed to be obscene or offensive to the general
25   public.
26       (5) Organizations, businesses, or individuals that have been
27   denied participation due to lack of compliance to a previous adopt-a-
28   waterway agreement shall not be eligible to participate for a period
29   of five years following the termination date of the previous
30   agreement.
31       (6) In administering the adopt-a-waterway program, the commission
32   shall:
33       (a) Assign each participating group a section or sections of
34   state waterways, for a specified period of time, excluding sections
35   of waterways that are deemed hazardous by the commission;
36       (b)   Provide  a   standardized   application  form,  contractual
37   agreement, and registration form for all participating groups. Each
38   participant must complete and sign a registration form before
39   participating in a clean-up activity. The registration form shall


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 1   notify the prospective participants of the risks and responsibilities
 2   to be assumed by the commission and the participants;
 3       (c) Approve requests by participating groups to participate in
 4   clean-up activities on a given date;
 5       (d) Require all participants to be at least 15 years of age;
 6       (e) Require parental consent for all minor participants;
 7       (f) Require at least one adult supervisor for every eight minor
 8   participants;
 9       (g) Require one designated leader for each participating group,
10   unless the commission chooses to coordinate a consortium of
11   participants;
12       (h) Provide the designated leader with trash bags and access
13   information to the desired location prior to any clean-up activities
14   on a specific waterway;
15       (i) Provide safety guidelines or training for all participants;
16       (j) Provide appropriate safety equipment. Safety equipment issued
17   to participating groups must be returned to the commission upon
18   termination of the applicable adopt-a-waterway agreement;
19       (k) Recognize the efforts of a participating organization,
20   business, or individual by erecting and maintaining signs with the
21   organization's, business's, or individual's name on both ends of the
22   organization's, business's, or individual's section of the waterway.
23   Signage must be consistent with criteria established by the
24   commission relating to size, materials, colors, wording, and
25   location. The commission may charge reasonable fees to defray the
26   cost of manufacture, installation, maintenance, and removal of
27   adopt-a-waterway signs;
28       (l) Pay any and all premiums or assessments required under RCW
29   51.12.035 to secure medical aid benefits under chapter 51.36 RCW for
30   all volunteers participating in the program;
31       (m) Require participating businesses to pay all employer premiums
32   or assessments required to secure medical aid benefits under chapter
33   51.36 RCW for all employees or agents participating in the program;
34       (n) Maintain records of dates of clean-up activities and of all
35   injuries and accidents that occur;
36       (o) Adopt rules that establish a process to resolve any question
37   of an applicant's eligibility to participate in the adopt-a-waterway
38   program;
39       (p) Obtain permission from property owners who lease a right-of-
40   way before allowing an organization, business, or individual to adopt
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 1   a section of waterway that would require access to such leased
 2   property; and
 3       (q) Establish procedures and guidelines for the adopt-a-waterway
 4   program.
 5       (7) Nothing in this section affects the rights or activities of,
 6   or agreements with, adjacent landowners, including the use of rights-
 7   of-way and crossings, nor impairs these rights and uses by the
 8   placement of signs.
 9       (8) As used in this section, "waterway" means any natural
10   waterway within the state.

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