CERTIFICATION OF ENROLLMENT

 

             ENGROSSED SUBSTITUTE SENATE BILL 5555

 

 

                   Chapter 315, Laws of 1991

 

 

                        52nd Legislature

                      1991 Regular Session

 

 

TIMBER IMPACT AREAS-‑TRAINING AND RETRAINING PROGRAMS AND COORDINATION

              OF NONECONOMIC DEVELOPMENT PROGRAMS

 

 

EFFECTIVE DATE:  5/21/91 - Except Section 4 which becomes effective on 7/1/91.

 

 


Passed by the Senate April 28, 1991

  Yeas 43   Nays 0

 

 

           JOEL PRITCHARD          

President of the Senate

 

Passed by the House April 28, 1991

  Yeas 97   Nays 0

 

 

              JOE KING             

Speaker of the

       House of Representatives

 

 

Approved May 21, 1991

 

 

 

 

 

 

 

           BOOTH GARDNER           

Governor of the State of Washington


       CERTIFICATE

 

I, Gordon Golob, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5555 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

           GORDON A. GOLOB            Secretary

 

 

 

                                     FILED         

 

 

 

                 May 21, 1991 - 10:07 a.m.

 

 

 

                        Secretary of State   

                       State of Washington  



 


                  _______________________________________________

 

                       ENGROSSED SUBSTITUTE SENATE BILL 5555

 

                    AS RECOMMENDED BY THE CONFERENCE COMMITTEE

                  _______________________________________________

 

                     Passed Legislature - 1991 Regular Session

 

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Senate Committee on Ways & Means (originally sponsored by Senators Owen, Conner, Snyder, Metcalf, Jesernig, Amondson, Sutherland, Patterson, Hansen, Bailey, Rasmussen, von Reichbauer, Johnson, Pelz, West, Talmadge, A. Smith, Williams, L. Kreidler, Rinehart, Newhouse, Stratton, Gaspard, McMullen, Moore, Madsen, Bauer, Wojahn, Matson, Roach and L. Smith).

 

Read first time March 11, 1991.Providing assistance for timber harvesting areas.


     AN ACT Relating to economic and employment impact of timber harvest variation in Washington state; amending RCW 28B.50.030; adding new sections to chapter 28B.50 RCW; adding new sections to chapter 28B.80 RCW; adding new sections to chapter 43.63A RCW; adding a new section to chapter 50.22 RCW; adding a new section to chapter 70.47 RCW; adding a new chapter to Title 50 RCW; creating new sections; providing an effective date; and declaring an emergency.

 

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

 

     NEW SECTION.  Sec. 1.      The legislature finds that:

     (1) The economic health and well‑being of timber-dependent communities is of substantial public concern.  The significant reduction in annual timber harvest levels likely will result in reduced economic activity and persistent unemployment and underemployment over time, which would be a serious threat to the safety, health, and welfare of residents of the timber impact areas, decreasing the value of private investments and jeopardizing the sources of public revenue.

     (2) Timber impact areas are most often located in areas that are experiencing little or no economic growth, creating an even greater risk to the health, safety, and welfare of these communities.  The ability to remedy problems caused by the substantial reduction in harvest activity is beyond the power and control of the regulatory process and influence of the state, and the ordinary operations of private enterprise without additional governmental assistance are insufficient to adequately remedy the resulting problems of poverty and unemployment.

     (3) To address these concerns, it is the intent of the legislature to increase training and retraining services accessible to timber impact areas, and provide for coordination of noneconomic development services in timber impact areas as economic development efforts will not succeed unless social, housing, health, and other needs are addressed.

 

     NEW SECTION.  Sec. 2.      (1) Coordination of the programs in this act shall be through the economic recovery coordination board created in section 6, chapter ___, Laws of 1991 (Engrossed Substitute House Bill No. 1341), the timber recovery coordinator created in section 3, chapter ___, Laws of 1991 (Engrossed Substitute House Bill No. 1341), and the agency timber task force created in section 4, chapter ___, Laws of 1991 (Engrossed Substitute House Bill No. 1341).

     (2) This section shall expire June 30, 1993.

 

     NEW SECTION.  Sec. 3.      (1) Subject to the availability of state or federal funds, the employment security department, as a member of the agency timber task force and in consultation with the economic recovery coordination board, shall consult with and may subcontract with local educational institutions, local businesses, local labor organizations, local associate development organizations, local private industry councils, local social service organizations, and local governments in carrying out a program of training and services, including training through the self-employment and enterprise development (SEED) program,  for dislocated workers in timber impact areas.

     (2) The department shall conduct a survey to determine the actual future employment needs and jobs skills in timber impact areas.

     (3) The department shall coordinate the services provided in this section with all other services provided by the department and with the other economic recovery efforts undertaken by state and local government agencies on behalf of the timber impact areas.

     (4) The department shall make every effort to procure additional federal and other moneys for the efforts enumerated in this section.

     (5) For the purposes of this section, "timber impact area" means a county having a population of less than five hundred thousand, or a city or town located within a county having a population of less than five hundred thousand, and meeting two of the following three criteria, as determined by the employment security department, for the most recent year such data is available:  (a) A lumber and wood products employment location quotient at or above the state average; (b) projected or actual direct lumber and wood products job losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less than five hundred thousand must have direct lumber and wood products job losses of one thousand positions or more; or (c) an annual unemployment rate twenty percent or more above the state average.

 

     NEW SECTION.  Sec. 4.  A new section is added to chapter 50.22 RCW to read as follows:

     (1) An additional benefit period is established for counties identified under subsection (2) of this section beginning on the first Sunday after the effective date of this section and for the forest products industry beginning with the third week after the first Sunday after the effective date of this section.  Benefits shall be paid as provided in subsection (3) of this section to exhaustees eligible under subsection (4) of this section.

     (2) The additional benefit period applies to counties having a population of less than five hundred thousand beginning with the third week after a week in which the commissioner determines that a county meets two of the following three criteria, as determined by the department, for the most recent year in which such data is available:  (a) A lumber and wood products employment location quotient at or above the state average; (b) projected or actual direct lumber and wood products job losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less than five hundred thousand must have direct lumber and wood products job losses of one thousand positions or more; or (c) an annual unemployment rate twenty percent or more above the state average.  The additional benefit period for a county may end no sooner than fifty-two weeks after the additional benefit period begins.

     (3) Additional benefits shall be paid as follows:

     (a) No new claims for additional benefits shall be accepted for weeks beginning after July 3, 1993, but for claims established on or before July 3, 1993, weeks of unemployment occurring after July 3, 1993, shall be compensated as provided in this section.

     (b) The total additional benefit amount shall be fifty-two times the individual's weekly benefit amount, reduced by the total amount of regular benefits and extended benefits paid, or deemed paid, with respect to the benefit year.  Additional benefits shall not be payable for weeks more than one year beyond the end of the benefit year of the regular claim, and shall be payable for up to five weeks following the completion of the training required by this section.

     (c) The weekly benefit amount shall be calculated as specified in RCW 50.22.040.

     (d) Benefits paid under this section shall be paid under the same terms and conditions as regular benefits and shall not be charged to the experience rating account of individual employers.  The additional benefit period shall be suspended with the start of an extended benefit period, or any totally federally funded benefit program, with eligibility criteria and benefits comparable to the program established by this section, and shall resume the first week following the end of the federal program.

     (4) An additional benefit eligibility period is established for any exhaustee who:

     (a)(i) At the time of last separation from employment, resided in or was employed in a county identified under subsection (2) of this section; or

     (ii) During his or her base year, earned wages in at least six hundred eighty hours in the forest products industry, which shall be determined by the department but shall include the industries assigned the major group standard industrial classification codes "24" and "26" and the industries involved in the harvesting and management of logs, transportation of logs and wood products, processing of wood products, and the manufacturing and distribution of wood processing and logging equipment.  The commissioner may adopt rules further interpreting the industries covered under this subsection.  For the purposes of this subsection, "standard industrial classification code" means the code identified in RCW 50.29.025(6)(c); and

     (b) (i) Has received notice of termination or lay off; and

     (ii) Is unlikely to return to employment in his or her principal occupation or previous industry because of a diminishing demand within his or her labor market for his or her skills in the occupation or industry; and

     (c)(i) Is notified by the department of the requirements of this section and develops an individual training program that is submitted to the commissioner for approval not later than sixty days after the individual is notified of the requirements of this section, and enters the approved training program not later than ninety days after the date of the individual's termination or layoff, or ninety days after the effective date of this section, whichever is later, unless the department determines that the training is not available during the ninety-day period, in which case the individual shall enter training as soon as it is available; or

     (ii) Is enrolled in training approved under this section on a full-time basis and maintains satisfactory progress in the training; and

     (d) Does not receive a training allowance or stipend under the provisions of any federal or state law.

     (5) For the purposes of this section:

     (a) "Training program" means:

     (i) A remedial education program determined to be necessary after counseling at the educational institution in which the individual enrolls pursuant to his or her approved training program; or

     (ii) A vocational training program at an educational institution that:

     (A) Is training for a labor demand occupation;

     (B) Is likely to facilitate a substantial enhancement of the individual's marketable skills and earning power; and

     (C) Does not include on-the-job training or other training under which the individual is paid by an employer for work performed by the individual during the time that the individual receives additional benefits under subsection (1) of this section.

     (b) "Educational institution" means an institution of higher education as defined in RCW 28B.10.016 or an educational institution as defined in RCW 28C.04.410(3).

     (c) "Training allowance or stipend" means discretionary use, cash-in-hand payments available to the individual to be used as the individual sees fit, but does not mean direct or indirect compensation for training costs, such as tuition or books and supplies.

     (6) The commissioner shall adopt rules as necessary to implement this section.

 

     NEW SECTION.  Sec. 5.      Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

     (1) "Department" means the employment security department.

     (2) "Dislocated forest products worker" means a forest products worker who: (a)(i) Has been terminated or received notice of termination from employment and is unlikely to return to employment in the individual's principal occupation or previous industry because of a diminishing demand for his or her skills in that occupation or industry; or (ii) is self-employed and has been displaced from his or her business because of the diminishing demand for the business's services or goods; and (b) at the time of last separation from employment, resided in or was employed in a timber impact area.

     (3) "Forest products worker" means a worker in the forest products industries affected by the reduction of forest fiber enhancement, transportation, or production.  The workers included within this definition shall be determined by the employment security department, but shall include workers employed in the industries assigned the major group standard industrial classification codes "24" and "26" and the industries involved in the harvesting and management of logs, transportation of logs and wood products, processing of wood products, and the manufacturing and distribution of wood processing and logging equipment.  The commissioner may adopt rules further interpreting these definitions.  For the purposes of this subsection, "standard industrial classification code" means the code identified in RCW 50.29.025(6)(c).

     (4) "Program" means the employment and career orientation program for dislocated forest products workers administered by the employment security department in conjunction with the department of natural resources.

     (5) "Enrollee" means any person enrolled in the program.

     (6) "Project" means the natural resource worker project.

     (7) "Timber impact area" means a county having a population of less than five hundred thousand, or a city or town located within a county having a population of less than five hundred thousand, and meeting two of the following three criteria, as determined by the employment security department, for the most recent year such data is available:  (a) A lumber and wood products employment location quotient at or above the state average; (b) projected or actual direct lumber and wood products job losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less than five hundred thousand must have direct lumber and wood products job losses of one thousand positions or more; or (c) an annual unemployment rate twenty percent or more above the state average.

 

     NEW SECTION.  Sec. 6.      It is the purpose of this chapter to establish programs that offer dislocated forest products workers, in timber impact areas, opportunities for forest-related employment that utilizes their unique skills.  Employment under the program shall not result in the displacement or partial displacement of currently employed workers.  This includes, but is not limited to, state employees or currently or normally contracted service employees.

 

     NEW SECTION.  Sec. 7.      (1) Employment opportunities under the program shall consist of activities that improve the value of state lands and waters.  These activities may include, but are not limited to, thinning and precommercial thinning, pruning, slash removal, reforestation, fire suppression, trail maintenance, maintenance of recreational facilities, dike repair, development and maintenance of tourist facilities, and stream enhancement.

     (2) Enrollees in the program shall receive medical and dental benefits as provided under chapter 41.05 RCW, but are exempt from the provisions of chapter 41.06 RCW.  Each week, enrollees shall not work more than thirty-two hours in this program and must participate in eight hours of career orientation as established in section 8 of this act.  Participation in the program is limited to six months.

 

     NEW SECTION.  Sec. 8.      (1) The department shall recruit program applicants and provide employment opportunities by:

     (a) Notifying dislocated forest products workers who are receiving unemployment benefits, or dislocated forest products workers who have exhausted unemployment benefits, of their eligibility for the program.

     (b) Establishing procedures for dislocated forest products workers to apply to the program.

     (c) Developing a pool of workers eligible to enroll in the program.

     (d) Contracting with the department of natural resources to provide employment opportunities for not less than two hundred eligible enrollees.

     (2) The department shall provide career orientation services to enrollees in the program.  The career orientation services shall include, but are not limited to, counseling on employment options and assistance in accessing retraining programs, and assistance in accessing social service programs.

     (3) The department shall provide at least eight hours of career counseling each week for program enrollees.

 

     NEW SECTION.  Sec. 9.      (1) The department of natural resources shall enroll candidates in the program from a pool of eligible workers developed by the department.

     (2) The department of natural resources shall provide compensation for enrollees.

 

     NEW SECTION.  Sec. 10.     The legislature finds that an increase in unemployment due to the declining timber economy in the state is imminent.  The legislature further recognizes that employment opportunities in state and local government in other natural resource management professions exist and that dislocated forest products workers in the timber-related professions represent a potential work force in the areas of fisheries, wildlife, and recreation.

 

     NEW SECTION.  Sec. 11.     The department, subject to the availability of funding, shall establish the natural resource worker project.  The project shall terminate on July 1, 1996, and shall provide employment and training opportunities for dislocated forest products workers in the areas of fisheries, wildlife, recreation, and other natural resource professions.  The department of personnel shall approve the project.  The goal of the project is to allow project employees to be, upon termination of their participation in the project, eligible for permanent employment with the departments of wildlife, fisheries, ecology, and natural resources, and the parks and recreation commission.

 

     NEW SECTION.  Sec. 12.     The department shall use nonfederal funds that it receives for dislocated forest products workers to contract with the departments of wildlife, fisheries, ecology, and natural resources, and the parks and recreation commission to hire project participants to conduct tasks in the areas of fisheries, wildlife, forestry, ecology, and recreation.

 

     NEW SECTION.  Sec. 13.     The project shall include the following elements:

     (1) Recruitment of dislocated forest products workers;

     (2) Placement in the departments of wildlife, fisheries, ecology, and natural resources, and the parks and recreation commission;

     (3) On-the-job training in entry-level natural resource management skills;

     (4) Comparable salaries and benefits to entry-level positions already existing in the departments of wildlife, fisheries, ecology, and natural resources, and the parks and recreation commission.

 

     NEW SECTION.  Sec. 14.     The department, along with the departments of personnel, wildlife, fisheries, ecology, and natural resources, and the parks and recreation commission shall report annually to the legislature on November 1 of each year beginning November 1, 1992, and until November 1, 1995.

     The report shall include, at a minimum, the following elements:

     (1) The number of project employees;

     (2) The number and description of positions filled, by agency;

     (3) Training received;

     (4) Duration of employment; and

     (5) Placement in permanent positions.

 

     Sec. 15.  RCW 28B.50.030 and 1985 c 461 s 14 are each amended to read as follows:

     As used in this chapter, unless the context requires otherwise, the term:

     (1) "System" shall mean the state system of community colleges, which shall be a system of higher education;

     (2) "College board" shall mean the state board for community college education created by this chapter;

     (3) "Director" shall mean the administrative director for the state system of community colleges;

     (4) "District" shall mean any one of the community college districts created by this chapter;

     (5) "Board of trustees" shall mean the local community college board of trustees established for each community college district within the state;

     (6) "Council" shall mean the coordinating council for occupational education;

     (7) "Occupational education" shall mean that education or training that will prepare a student for employment that does not require a baccalaureate degree;

     (8) "K-12 system" shall mean the public school program including kindergarten through the twelfth grade;

     (9) "Common school board" shall mean a public school district board of directors;

     (10) "Community college" shall include where applicable, vocational-technical and adult education programs conducted by community colleges and vocational-technical institutes whose major emphasis is in post-high school education;

     (11) "Adult education" shall mean all education or instruction, including academic, vocational education or training, and "occupational education" provided by public educational institutions, including common school districts for persons who are eighteen years of age and over or who hold a high school diploma or certificate:  PROVIDED, That "adult education" shall not include academic education or instruction for persons under twenty-one years of age who do not hold a high school degree or diploma and who are attending a public high school for the sole purpose of obtaining a high school diploma or certificate:  PROVIDED, FURTHER, That "adult education" shall not include education or instruction provided by any four year public institution of higher education:  AND PROVIDED FURTHER, That adult education shall not include education or instruction provided by a vocational-technical institute;

     (12) "Dislocated forest product worker" shall mean a forest products worker who: (a)(i) Has been terminated or received notice of termination from employment and is unlikely to return to employment in the individual's principal occupation or previous industry because of a diminishing demand for his or her skills in that occupation or industry; or (ii) is self-employed and has been displaced from his or her business because of the diminishing demand for the business's services or goods; and (b) at the time of last separation from employment, resided in or was employed in a timber impact area;

     (13) "Forest products worker" shall mean a worker in the forest products industries affected by the reduction of forest fiber enhancement, transportation, or production.  The workers included within this definition shall be determined by the employment security department, but shall include workers employed in the industries assigned the major group standard industrial classification codes "24" and "26" and the industries involved in the harvesting and management of logs, transportation of logs and wood products, processing of wood products, and the manufacturing and distribution of wood processing and logging equipment.  The commissioner may adopt rules further interpreting these definitions.  For the purposes of this subsection, "standard industrial classification code" means the code identified in RCW 50.29.025(6)(c);

     (14) "Timber impact area" shall mean a county having a population of less than five hundred thousand, or a city or town located within a county having a population of less than five hundred thousand, and meeting two of the following three criteria, as determined by the employment security department, for the most recent year such data is available:  (a) A lumber and wood products employment location quotient at or above the state average; (b) projected or actual direct lumber and wood products job losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less than five hundred thousand must have direct lumber and wood products job losses of one thousand positions or more; or (c) an annual unemployment rate twenty percent or more above the state average.

 

     NEW SECTION.  Sec. 16.  A new section is added to chapter 28B.50 RCW to read as follows:

To the extent that funds are specifically appropriated therefor, the state board for community college education shall provide training and retraining in timber impact areas as follows:

     (1) Disbursement of funds to individual community colleges for supplemental slots in cases where enrollment demand exceeds allocation;

     (2) Pilot projects for innovative approaches to literacy and employment training.  Pilot projects may include, but are not limited to:

     (a) Training for cranberry industry research, coordinated by the Washington State University coastal research unit, Long Beach;

     (b) Training through Grays Harbor Community College for dislocated forest products workers to fill positions as safety training and vessel inspectors.  They shall contract with those organizations deemed appropriate to carry out this program;

     (c) Training through Skagit Valley Community College for dislocated forest products workers in natural resources technical programs in stream enhancement, including waters upstream or downstream as well as adjacent to state lands; water quality enhancement; irrigation repair; and the building of shellfish beds;

     (d) Training for agricultural development, diversification, marketing, and processing programs in timber impact areas.

     Nothing in subsection (2) of this section shall be construed to provide priority for the projects listed in subsection (2) of this section.

     For the purposes of this section, the number of full-time equivalent students to be served during any biennium shall be determined by the applicable omnibus appropriations act and shall be in addition to the community college enrollment level funded by the applicable omnibus appropriations act.

 

     NEW SECTION.  Sec. 17.  A new section is added to chapter 28B.50 RCW to read as follows:

     (1) The state board for community college education shall administer a program designed to provide higher education opportunities to dislocated forest products workers and their unemployed spouses who are enrolled in a community or technical college for ten or more credit hours per quarter.  In administering the program, the college board shall have the following powers and duties:

     (a)  With the assistance of an advisory committee, design a procedure for selecting dislocated forest products workers to participate in the program;

     (b)  Allocate funding to community and technical colleges attended by participants;

     (c)  Monitor the program and report on participants' progress and outcomes; and

     (d)  Report to the legislature by December 1, 1993, on the status of the program.

     (2)  Unemployed spouses of eligible dislocated forest products workers may participate in the program, but tuition and fees may be waived under the program only for the worker or the spouse and not both.

     (3)  The boards of trustees of the community and technical colleges shall waive tuition and fees for program participants, for a maximum of six quarters within a two-year period.

     (4)  During any biennium, the number of full-time equivalent students to be served in this program shall be determined by the applicable omnibus appropriations act, and shall be in addition to the community college enrollment level funded by the applicable omnibus appropriations act.

 

     NEW SECTION.  Sec. 18.  A new section is added to chapter 28B.80 RCW to read as follows:

     Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 19 through 21 of this act.

     (1) "Board" means the higher education coordinating board.

     (2) "Dislocated forest products worker" means a forest products worker who: (a)(i) Has been terminated or received notice of termination from employment and is unlikely to return to employment in the individual's principal occupation or previous industry because of a diminishing demand for his or her skills in that occupation or industry; or (ii) is self-employed and has been displaced from his or her business because of the diminishing demand for the business's services or goods; and (b) at the time of last separation from employment, resided in or was employed in a timber impact area.

     (3) "Forest products worker" means a worker in the forest products industries affected by the reduction of forest fiber enhancement, transportation, or production.  The workers included within this definition shall be determined by the employment security department, but shall include workers employed in the industries assigned the major group standard industrial classification codes "24" and "26" and the industries involved in the harvesting and management of logs, transportation of logs and wood products, processing of wood products, and the manufacturing and distribution of wood processing and logging equipment.  The commissioner may adopt rules further interpreting these definitions.  For the purposes of this subsection, "standard industrial classification code" means the code identified in RCW 50.29.025(6)(c).

     (4) "Timber impact area" means a county having a population of less than five hundred thousand, or a city or town located within a county having a population of less than five hundred thousand, and meeting two of the following three criteria, as determined by the employment security department, for the most recent year such data is available:  (a) A lumber and wood products employment location quotient at or above the state average; (b) projected or actual direct lumber and wood products job losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less than five hundred thousand must have direct lumber and wood products job losses of one thousand positions or more; or (c) an annual unemployment rate twenty percent or more above the state average.

 

     NEW SECTION.  Sec. 19.  A new section is added to chapter 28B.80 RCW to read as follows:

     The board shall administer a program designed to provide upper division higher education opportunities to dislocated forest products workers, their spouses, and others in timber impact areas.  In administering the program, the board shall have the following powers and duties:

     (1) Distribute funding for institutions of higher education to service placebound students in the timber impact areas meeting the following criteria, as determined by the employment security department:  (a) A lumber and wood products employment location quotient at or above the state average; (b) a direct lumber and wood products job loss of one hundred positions or more; and (c) an annual unemployment rate twenty percent above the state average;

     (2) Appoint an advisory committee to assist the board in program design and future project selection;

     (3) Monitor the program and report on student progress and outcome; and

     (4) Report to the legislature by December 1, 1993, on the status of the program.

 

     NEW SECTION.  Sec. 20.  A new section is added to chapter 28B.80 RCW to read as follows:

     (1) The board shall contract with institutions of higher education to provide upper division classes to serve additional placebound students in the timber impact areas meeting the following criteria, as determined by the employment security department:  (a) A lumber and wood products employment location quotient at or above the state average; (b) a direct lumber and wood products job loss of one hundred positions or more; and (c) an annual unemployment rate twenty percent above the state average; and which are not served by an existing state-funded upper division degree program.  The number of full-time equivalent students served in this manner shall be determined by the applicable omnibus appropriations act.  The board may direct that all the full-time equivalent enrollments be served in one of the eligible timber impact areas if it should determine that this would be the most viable manner of establishing the program and using available resources.  The institutions shall utilize telecommunication technology, if available, to carry out the purposes of this section.  The institutions providing the service shall waive the tuition, service, and activities fees for dislocated forest products workers or their unemployed spouses enrolled as one of the full-time equivalent students allocated to the college under this section.

     (2)  Unemployed spouses of eligible dislocated forest products workers may participate in the program, but tuition and fees may be waived under the program only for the worker or the spouse and not both.

     (3) For any eligible participant, tuition shall be waived for a maximum of four semesters or six quarters within a two-year time period and the participant must be enrolled for a minimum of ten credits per semester or quarter.

 

     NEW SECTION.  Sec. 21.  A new section is added to chapter 28B.80 RCW to read as follows:

     Dislocated forest products workers and their spouses shall receive priority for attendance in upper division courses allocated under section 20 of this act.  Remaining allocations may be distributed to others in the timber impact area.

 

     NEW SECTION.  Sec. 22.  A new section is added to chapter 70.47 RCW to read as follows:

     (1) The administrator, when specific funding is provided and where feasible, shall make the basic health plan available to dislocated forest products workers and their families in timber impact areas.  The administrator shall prioritize making the plan available under this section to the timber impact areas meeting the following criteria, as determined by the employment security department:  (a) A lumber and wood products employment location quotient at or above the state average; (b) a direct lumber and wood products job loss of one hundred positions or more; and (c) an annual unemployment rate twenty percent above the state average.

     (2) Dislocated forest products workers assisted under this section shall meet the requirements of enrollee as defined in RCW 70.47.020(4).

     (3) For purposes of this section, (a) "dislocated forest products worker" means a forest products worker who:  (i)(A) Has been terminated or received notice of termination from employment and is unlikely to return to employment in the individual's principal occupation or previous industry because of a diminishing demand for his or her skills in that occupation or industry; or (B) is self-employed and has been displaced from his or her business because of the diminishing demand for the business's services or goods; and (ii) at the time of last separation from employment, resided in or was employed in a timber impact area; (b) "forest products worker" means a worker in the forest products industries affected by the reduction of forest fiber enhancement, transportation, or production.  The workers included within this definition shall be determined by the employment security department, but shall include workers employed in the industries assigned the major group standard industrial classification codes "24" and "26" and the industries involved in the harvesting and management of logs, transportation of logs and wood products, processing of wood products, and the manufacturing and distribution of wood processing and logging equipment.  The commissioner may adopt rules further interpreting these definitions.  For the purposes of this subsection, "standard industrial classification code" means the code identified in RCW 50.29.025(6)(c); and (c) "timber impact area" means a county having a population of less than five hundred thousand, or a city or town located within a county having a population of less than five hundred thousand, and meeting two of the following three criteria, as determined by the employment security department, for the most recent year such data is available:  (i) A lumber and wood products employment location quotient at or above the state average; (ii) projected or actual direct lumber and wood products job losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less than five hundred thousand must have direct lumber and wood products job losses of one thousand positions or more; or (iii) an annual unemployment rate twenty percent or more above the state average.

 

     NEW SECTION.  Sec. 23.     (1) The department of community development, as a member of the agency timber task force and in consultation with the economic recovery coordination board, shall establish and administer the emergency mortgage and rental assistance program.  The department shall identify the communities most adversely affected by reductions in timber harvest levels and shall prioritize assistance under this program to these communities.  The department shall work with the department of social and health services and the timber recovery coordinator to develop the program in timber impact areas.  Organizations eligible to receive funds for distribution under the program are those organizations that are eligible to receive assistance through the Washington housing trust fund.

     (2) The goals of the program are to:

     (a) Provide temporary emergency mortgage or rental assistance loans on behalf of dislocated forest products workers in timber impact areas who are unable to make current mortgage or rental payments on their permanent residences and are subject to immediate eviction for nonpayment of mortgage installments or nonpayment of rent;

     (b) Prevent the dislocation of individuals and families from their permanent residences and their communities; and

     (c) Maintain economic and social stability in timber impact areas.

 

     NEW SECTION.  Sec. 24.     Emergency mortgage assistance shall be provided under the following general guidelines:

     (1) Loans provided under the program shall not exceed an amount equal to twenty-four months of mortgage payments.

     (2) The maximum loan amount allowed under the program shall not exceed twenty thousand dollars.

     (3) Loans shall be made to applicants who meet specific income guidelines established by the department.

     (4) Loan payments shall be made directly to the mortgage lender.

     (5) Loans shall be granted on a first-come, first-served basis.

     (6) Repayment of loans provided under the program must not take more than twenty years.

     (7) The department may provide for emergency short-term loans.

 

     NEW SECTION.  Sec. 25.     Emergency rental assistance shall be provided under the following general guidelines:

     (1) Rental assistance provided under the program may be in the form of loans or grants and shall not exceed an amount equal to twenty-four months of mortgage payments.

     (2) Rental assistance shall be made to applicants who meet specific income guidelines established by the department.

     (3) Rental payments shall be made directly to the landlord.

     (4) Rental assistance shall be granted on a first-come, first-served basis.

 

     NEW SECTION.  Sec. 26.     To be eligible for assistance under the program, an applicant must:

     (1) Be unable to keep mortgage or rental payments current, due to a loss of employment, and shall be at significant risk of eviction;

     (2) Have his or her permanent residence located in an eligible community;

     (3) If requesting emergency mortgage assistance, be the owner of an equitable interest in the permanent residence and intend to reside in the home being financed;

     (4) Be actively seeking new employment or be enrolled in a training program approved by the director; and

     (5) Submit an application for assistance to an organization eligible to receive funds under section 23 of this act by June 30, 1996.

 

     NEW SECTION.  Sec. 27.     The department shall carry out the following duties:

     (1) Administer the program;

     (2) Identify organizations eligible to receive funds to implement the program;

     (3) Develop and adopt the necessary rules and procedures for implementation of the program and for dispersal of program funds to eligible organizations;

     (4) Establish the interest rate for repayment of loans at two percent below the market rate;

     (5) Work with lending institutions and social service providers in the eligible communities to assure that all eligible persons are informed about the program;

     (6) Utilize federal and state programs that complement or facilitate carrying out the program;

     (7) Submit a report to the senate commerce and labor committee and the house of representatives housing committee by January 31, 1992.

 

     NEW SECTION.  Sec. 28.     (1) The department of social and health services shall help families and workers in timber impact areas make the transition through economic difficulties and shall provide services to assist workers to gain marketable skills.  The department, as a member of the agency timber task force and in consultation with the economic recovery coordination board, and, where appropriate, under an interagency agreement with the department of community development, shall provide grants through the office of the secretary for services to the unemployed in timber impact areas, including providing direct or referral services, establishing and operating service delivery programs, and coordinating delivery programs and delivery of services.  These grants may be awarded for family support centers, reemployment centers, or other local service agencies.

     (2) The services provided through the grants may include, but need not be limited to:  Credit counseling; social services including marital counseling; psychotherapy or psychological counseling; mortgage foreclosures and utilities problems counseling; drug and alcohol abuse services; medical services; and residential heating and food acquisition.

     (3) Funding for these services shall be coordinated through the economic recovery coordination board which will establish a fund to provide child care assistance, mortgage assistance, and counseling which cannot be met through current programs.  No funds shall be used for additional full-time equivalents for administering this section.

     (4)(a) Grants for family support centers are intended to provide support to families by responding to needs identified by the families and communities served by the centers.  Services provided by family support centers may include parenting education, child development assessments, health and nutrition education, counseling, and information and referral services. Such services may be provided directly by the center or through referral to other agencies participating in the interagency team.

     (b) The department shall consult with the council on child abuse or neglect regarding grants for family support centers.

     (5) "Timber impact area" means a county having a population of less than five hundred thousand, or a city or town located within a county having a population of less than five hundred thousand, and meeting two of the following three criteria, as determined by the employment security department, for the most recent year such data is available:  (a) A lumber and wood products employment location quotient at or above the state average; (b) projected or actual direct lumber and wood products job losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less than five hundred thousand must have direct lumber and wood products job losses of one thousand positions or more; or (c) an annual unemployment rate twenty percent or more above the state average.

 

     NEW SECTION.  Sec. 29.     The Washington public policy institute at The Evergreen State College shall design an evaluation mechanism and shall undertake, by November 1, 1993, an evaluation of the effectiveness of the programs contained in this act.  The agencies implementing the programs contained in this act shall assist the institute in the evaluation.

 

     NEW SECTION.  Sec. 30.     To the extent that funds are specifically appropriated in the omnibus operating budget appropriations act for the 1991-93 biennium, the department of community development shall enhance the two reemployment centers in timber impact areas in order to continue providing referral services, counseling, and support.

 

     NEW SECTION.  Sec. 31.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

 

     NEW SECTION.  Sec. 32.     If any part of this act is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act.  The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.

 

     NEW SECTION.  Sec. 33.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately, except for section 4 of this act, which shall take effect July 1, 1991.

 

     NEW SECTION.  Sec. 34.     If specific funding for the purposes of sections 5 through 9 of this act, referencing sections 5 through 9 of this act by bill and section numbers, is not provided by June 30, 1991, in the omnibus appropriations act, sections 5 through 9 of this act shall be null and void.

 

     NEW SECTION.  Sec. 35.     If specific funding for the purposes of sections 10 through 14 of this act, referencing sections 10 through 14 of this act by bill and section numbers, is not provided by June 30, 1991, in the omnibus appropriations act, sections 10 through 14 of this act shall be null and void.

 

     NEW SECTION.  Sec. 36.     If specific funding for the purposes of sections 23 through 27 of this act, referencing sections 23 through 27 of this act by bill and section numbers, is not provided by June 30, 1991, in the omnibus appropriations act, sections 23 through 27 of this act shall be null and void.

 

     NEW SECTION.  Sec. 37.     If specific funding for the purposes of section 28, 29, or 30 of this act, referencing such section or sections by bill and section numbers, is not provided by June 30, 1991, in the omnibus appropriations act, each section not referenced shall be null and void.

 

     NEW SECTION.  Sec. 38.     (1) Sections 5 through 14 of this act shall constitute a new chapter in Title 50 RCW.

     (2) Sections 23 through 27 of this act are each added to chapter 43.63A RCW.


     Passed the Senate April 28, 1991.

     Passed the House April 28, 1991.

Approved by the Governor May 21, 1991.

     Filed in Office of Secretary of State May 21, 1991.