SB 562 — Creating Adopt-A-Trail volunteer programs for public land under DNR jurisdiction

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Red = new code to be enacted WEST VIRGINIAvirginia LEGISLATURElegislature REGULARregular SESSIONsession IntroducedCommittee Substitute for Senate Bill 562 By Senators Maynard, Woodrum, and Rucker [Introduced[Originating Februaryin 02,the 2022;Committee on Natural Resources;

referredreported on February 22, 2022]     A BILL to amend the CommitteeCode onof West Virginia, 1931, as amended, by adding thereto a new section, designated §20-5-23, relating to authorizing Adopt-A-Trail volunteer programs for public lands under the jurisdiction of the Division of Natural Resources;

andproviding thenfor toactivities the Committee on Finance] A BILL to amendbe theperformed Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-5-23, relating to authorizing Adopt-A-Trail volunteer programsgroups; for public lands under the jurisdiction of the Division of Natural Resources;

providingrequiring thatcertain volunteerrequirements trailin servicesagreements; shall not replace work that is ordinarily performed by state personnel;

providingestablishing minimum requirements for projectvolunteer coordination;organizations;

and establishing minimumcertain requirementslimitations foron activities performed by volunteer organizations.groups;

and providing for project coordination and removal and disposal of trash and other items.

Establishment of Adopt-A-Trail programsprogram for paths and trails.

(a) The West Virginia Division of Natural Resources shall establish an Adopt-A-Trail program that will allow volunteer groups to assist in maintaining and enhancing trails on statestate- owned land.

(b) Subject to subsection (d)(f) of this section, volunteer groups in the Adopt-A-Trail program may adopt any available trail or trail segment and may choose any one or more of the following volunteer activities:

(2) AccessibilityLitter projects;collection;

(3) SpecialAccessibility events;projects;

(4) TrailSpecial maintenance,events; enhancement, or realignment;

(5) PublicTrail informationmaintenance, andenhancement, assistance;or realignment;

or (6) Training.Public information and assistance;

(c)or The(7) DivisionTraining. shall review and approve specific activities to be performed by a volunteer group in the Adopt-A-Trail program which shall be executed with an approved Adopt-A-Trail agreement.

(c) Volunteer servicesgroups shallthat notwant includeto workparticipate historically performed by department or division employees, including services that result in athe reductionAdopt-A-Trail ofprogram hoursshall orapply compensationto orthe thatdivision mayon bean performedapplication provided by anthe employeedivision. on layoff;

norApplications shall volunteer services be inconsistentreviewed withand theapproved termsor ofdenied aat collectivethe bargainingdivision’s agreement.discretion.

Groups may not perform any activity on a trail or trail segment until approved by the division with an Adopt-A-Trail agreement executed by all parties to the agreement.

(d) IfAdopt-A-Trail theagreements division operates other programs in the vicinity of the trail that allows volunteers to participate in similar programs, the division shall coordinateinclude, thesebut programsnot tobe providelimited forto, efficient and effective volunteer programs in the area.following provisions:

(e)(1) AParticipating volunteer group that wishes to participate in the Adopt-A-Trail program shallfor apply to the division on a formterm providedof byat theleast division.two years;

Volunteer(2) groupsAssisting shallwith agreetrail toor thepath following:maintenance when applicable;

(1)and Volunteer(3) groupsComplying participatewith inall thereasonable programrequirements forof atthe leastdivision. a 2-year period;

(2)(d) Volunteer groups shall consist of at least 6 people who are 18 years of age or older,older. unless the volunteer group is a school, scout organization, or a religious youth group, in which case the volunteers may be under 18 years of age, but supervised by someone over the age of 18;

(3)Participants Volunteer17 groupsyears shallof contributeage or younger may participate but must be accompanied by an adult who is 18 years of age or older with a totalclose relationship or connection to any participant 17 years of atage leastor 200younger.  serviceAs hourswith overthe aAdopt-A-Highway 2-yearand period;the Adopt-A-Stream Programs in this state, groups participating in the Adopt-A-Trail Program may include, but not be limited to, communities, families, individuals, members of 4-H or Future Farmers of America, scouting organizations, any faith-based group,  youth group, schools, college organizations, businesses, civic organizations, and government agencies.

(4)(e) VolunteerActivities groupsperformed shallby only execute Adopt-A-Trail projects and activities after a volunteer projectgroups agreementmay hasnot beeninvolve completedwork andthat: approved by the division;

(5)(1) VolunteerReduce groupshours shallor complycompensation withof alldepartment reasonableor requirementsdivision ofemployees; the division;

and(3) (6)Could Volunteerbe groupsperformed shall,by whena applicable,laid-off helpdepartment provide maintenance on the trail or path.division employee;

(f)or The(3) divisionAre shallinconsistent allow the volunteer group to coordinate with the closestterms solid waste authority so that any tires, appliances, televisions, and trash may be properly disposed of witha thecollective properbargaining documentation.agreement.

 (f) NOTE:If the division operates other programs in the vicinity of the trail that allows volunteers to participate in similar programs, the division shall coordinate these programs to provide for efficient and effective volunteer programs in the area.

The(g) purposeAdopted oftrails thismay billbe isidentified toby authorizea Adopt-A-Trailsign programsat fora volunteerslocation toalong cleanthe upadopted section bearing the Adopt-A-Trail logo and maintainthe trailsname onof publicthe landsvolunteer ingroup thisafter state.the group completes hours of service.

Strike-throughs(h) indicateThe languagedivision thatshall wouldcoordinate bewith strickenthe fromclosest asolid headingwaste orauthority theso presentthat lawany andtires, underscoringappliances, indicatestelevisions, newor languagetrash thatmay would be added.properly disposed of with proper documentation.

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The division may coordinate with volunteers, local authorities, and state agencies for removal and disposal of collected litter.

Garbage bags, safety training, and gloves are to be furnished by the program.

(j) The division may propose rules pursuant to §29A-3-1 et seq.

of this code to carry out and implement the Adopt-A-Trail program.

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