AN ACT Relating to
economic and employment impact of natural resources harvest variation in rural
communities; amending RCW 43.31.601, 43.31.611, 43.31.621, 43.31.641,
50.22.090, 43.31.651, 43.63A.600, 43.63A.440, 43.160.076, 28B.50.030,
28B.50.258, 28B.50.262, 28B.80.570, 28B.80.575, 28B.80.580, 28B.80.585,
43.17.065, 43.20A.750, 43.21J.010, 43.168.020, 43.168.140, 43.210.110,
50.12.270, 50.70.010, and 50.70.020; amending 1993 c 316 s 5 (uncodified);
amending 1993 c 320 s 10 (uncodified); amending 1993 c 316 s 7 (uncodified);
amending 1993 c 320 s 11 (uncodified); reenacting and amending RCW 43.160.020
and 43.160.200; adding a new section to chapter 43.63A RCW; adding new sections
to chapter 43.131 RCW; creating new sections; repealing RCW 43.31.661 and
43.31.631; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 43.31.601 and 1992 c
21 s 2 are each amended to read as follows:
For the purposes of RCW
43.31.601 through 43.31.661:
(1) (("Board"
means the economic recovery coordination board;
(2))) "Timber impact area" means((:
(a))) 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) A lumber
and wood products employment location quotient at or above the state average;
(((ii))) (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 (((iii))) (c) an annual unemployment rate
twenty percent or more above the state average((; or
(b) Additional
communities as the economic recovery coordinating board, established in RCW
43.31.631, designates based on a finding by the board that each designated
community is socially and economically integrated with areas that meet the
definition of a timber impact area under (a) of this subsection)).
(2)(a) "Rural
natural resources impact area" means:
(i) A
nonmetropolitan county, as defined by the 1990 decennial census, that meets two
of the five criteria set forth in (b) of this subsection; or
(ii) A nonurbanized
area, as defined by the 1990 decennial census, that is located in a
metropolitan county that meets two of the five criteria set forth in (b) of
this subsection.
(b) For the purposes
of designating rural natural resources impact areas, the following criteria
shall be considered:
(i) A lumber and
wood products employment location quotient at or above the state average;
(ii) A commercial
salmon fishing employment location quotient at or above the state average;
(iii) Projected or
actual direct lumber and wood products job losses of one hundred positions or
more;
(iv) Projected or
actual direct commercial salmon fishing job losses of one hundred positions or
more; and
(v) An unemployment
rate twenty percent or more above the state average.
The counties that
meet these criteria shall be determined by the employment security department
for the most recent year for which data is available. For the purposes of
administration of programs under this chapter, the United States post office
five-digit zip code delivery areas will be used to determine residence status
for eligibility purposes. For the purpose of this definition, a zip code
delivery area that is located wholly or partially in an urbanized area or
within two miles of an urbanized area is considered urbanized. The office of
financial management shall make available a zip code listing of the areas to
all agencies and organizations providing services under this chapter.
Sec. 2. RCW 43.31.611 and 1993 c
316 s 1 are each amended to read as follows:
(1) The governor shall
appoint a ((timber recovery)) rural community assistance
coordinator. The coordinator shall coordinate the state and federal economic
and social programs targeted to ((timber)) rural natural resources
impact areas.
(2) The coordinator's
responsibilities shall include but not be limited to:
(a) ((Serving as
executive secretary of the economic recovery coordination board and directing
staff associated with the board.
(b))) Chairing the agency ((timber)) rural
community assistance task force and directing staff associated with the
task force.
(((c))) (b)
Coordinating and maximizing the impact of state and federal assistance to ((timber))
rural natural resources impact areas.
(((d))) (c)
Coordinating and expediting programs to assist ((timber)) rural
natural resources impact areas.
(((e))) (d)
Providing the legislature with a status and impact report on the ((timber
recovery)) rural community assistance program in January ((1992))
1996.
(3) To assist in
carrying out the duties set out under this section, the coordinator shall
consult with the Washington state rural development council and may appoint an
advisory body that has representation from local governments and natural
resources interest groups representing impacted rural communities.
(4) This section
shall expire June 30, ((1995)) 1997.
Sec. 3. RCW 43.31.621 and 1994 c
264 s 18 are each amended to read as follows:
(1) There is
established the agency ((timber)) rural community assistance task
force. The task force shall be chaired by the ((timber recovery)) rural
community assistance coordinator. It shall be the responsibility of the
coordinator that all directives of chapter 314, Laws of 1991 are carried out
expeditiously by the agencies represented in the task force. The task force
shall consist of the directors, or representatives of the directors, of the
following agencies: The department of community, trade, and economic
development, employment security department, department of social and health
services, state board for community and technical colleges, ((state))
work force training and education coordinating board, ((or its replacement
entity,)) department of natural resources, department of transportation,
state energy office, department of fish and wildlife, University of Washington
center for international trade in forest products, department of
agriculture, and department of ecology. The task force shall solicit
and consider input from the rural development council in coordinating agency
programs targeted to rural natural resources impacted communities. The
task force may consult and enlist the assistance of the following: The higher
education coordinating board, University of Washington college of forest
resources, University of Washington school of fisheries, Washington
State University school of forestry, Northwest policy center, state
superintendent of public instruction, Washington state labor council,
the Evergreen partnership, Washington state association of counties, and
((rural development council)) others as needed.
(2) The task force,
in conjunction with the rural development council, shall undertake a study to
determine whether additional communities and industries are impacted, or are
likely to be impacted, by salmon preservation and recovery efforts. The task
force shall consider possible impacts in the following industries and
associated communities: Barge transportation, irrigation dependent
agriculture, food processing, aluminum, charter recreational fishing,
boatbuilding, and other sectors suggested by the task force. The task force
shall report its findings and recommendations to the legislature by January
1996.
(3) This section
shall expire June 30, ((1995)) 1997.
Sec. 4. RCW 43.31.641 and 1993 c
280 s 50 are each amended to read as follows:
The department of
community, trade, and economic development, as a member of the agency ((timber))
rural community assistance task force ((and in consultation with the
board)), shall:
(1) Implement an
expanded value-added forest products development industrial extension program.
The department shall provide technical assistance to small and medium-sized
forest products companies to include:
(a) Secondary
manufacturing product development;
(b) Plant and equipment
maintenance;
(c) Identification and
development of domestic market opportunities;
(d) Building products
export development assistance;
(e) At-risk business
development assistance;
(f) Business network
development; and
(g) Timber impact area
industrial diversification.
(2) Provide local
contracts for small and medium-sized forest product companies, start-ups, and
business organizations for business feasibility, market development, and
business network contracts that will benefit value-added production efforts in
the industry.
(3) Contract with local
business organizations in timber impact areas for development of programs to
promote industrial diversification. The department shall provide local
capacity-building grants to local governments and community-based organizations
in timber impact areas, which may include long-range planning and needs
assessments.
For the 1991‑93
biennium, the department of community, trade, and economic development shall
use funds appropriated for this section for contracts and for no more than two
additional staff positions.
Sec. 5. RCW 50.22.090 and 1993 c
316 s 10 are each amended 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 July 1, 1991, and for the
forest products industry beginning with the third week after the first Sunday
after July 1, 1991)) rural natural resources impact areas, defined in
RCW 43.31.601, and determined by the office of financial management and the
employment security department. 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 1, ((1995))
1997, but for claims established on or before July 1, ((1995)) 1997,
weeks of unemployment occurring after July 1, ((1995)) 1997,
shall be compensated as provided in this section.
(b) The total
additional benefit amount shall be one hundred four 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 two years beyond
the end of the benefit year of the regular claim for an individual whose benefit
year ends on or after July 27, 1991, and shall not be payable for weeks ending
on or after two years after March 26, 1992, for individuals who become eligible
as a result of chapter 47, Laws of 1992.
(c) Notwithstanding the
provisions of (b) of this subsection, individuals will be entitled to up to
five additional weeks of benefits following the completion or termination of
training.
(d) Notwithstanding
the provisions of (b) of this subsection, individuals enrolled in prerequisite
remedial education for a training program expected to last at least one year
will be entitled to up to thirteen additional weeks of benefits which shall not
count toward the total in (b) of this subsection.
(e) The weekly
benefit amount shall be calculated as specified in RCW 50.22.040.
(((e))) (f)
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.
(((f))) (g)
The amendments in chapter 316, Laws of 1993 affecting subsection (3) (b) and
(c) of this section shall apply in the case of all individuals determined to be
monetarily eligible under this section without regard to the date eligibility
was determined.
(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)) rural natural
resources impact area defined in RCW 43.31.601 and determined by the office of
financial management and the employment security department; or
(ii) During his or her
base year, earned wages in at least six hundred eighty hours in either
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 or the fishing
industry assigned the standard industrial classification code "0912".
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 layoff; 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)(((A))) 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 July 1, 1991, 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
(((B) Is unemployed
as the result of a plant closure that occurs after November 1, 1992, in a
county identified under subsection (2) of this section, did not comply with the
requirements of (c)(i)(A) of this subsection due to good cause as demonstrated
to the department, such as ambiguity over possible sale of the plant, develops
a training program that is submitted to the commissioner for approval not later
than sixty days from a date determined by the department to accommodate the
good cause, and enters the approved training program not later than ninety days
after the revised date established by the department, 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; and
(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.
(7) ((For the
purpose of this section, an individual who has a benefit year beginning after
January 1, 1989, and ending before July 27, 1991, shall be treated as if his or
her benefit year ended on July 27, 1991)) The provisions of RCW
50.22.010(10) shall not apply to anyone who establishes eligibility for
additional benefits under this section and whose benefit year ends after
January 1, 1994. These individuals will have the option of remaining on the
original claim or filing a new claim.
Sec. 6. 1993 c 316 s 5
(uncodified) is amended to read as follows:
(1) For the period
beginning July 1, 1991, and ending June 30, ((1995)) 1997, in ((timber))
rural natural resources impact areas the public works board may award
low-interest or interest-free loans to local governments for construction of
new or expanded public works facilities that stimulate economic growth
or diversification.
(2) For the purposes of
this section and section 27, chapter 314, Laws of 1991:
(a) "Public
facilities" means bridge, road and street, domestic water, sanitary sewer,
and storm sewer systems.
(b) (("Timber
impact area" means:
(i) 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; or
(ii) Additional
communities as the economic recovery coordinating board, established in RCW
43.31.631, designates based on a finding by the board that each designated
community is socially and economically integrated with areas that meet the
definition of a timber impact area under (b)(i) of this subsection.
(3))) "Rural natural resources impact
area" means:
(i) A nonmetropolitan
county, as defined by the 1990 decennial census, that meets two of the five
criteria set forth in subsection (3) of this section; or
(ii) A nonurbanized
area, as defined by the 1990 decennial census, that is located in a
metropolitan county that meets two of the five criteria set forth in subsection
(3) of this section.
(3) For the purposes
of designating rural natural resources impact areas, the following criteria
shall be considered:
(a) A lumber and
wood products employment location quotient at or above the state average;
(b) A commercial
salmon fishing employment location quotient at or above the state average;
(c) Projected or
actual direct lumber and wood products job losses of one hundred positions or
more;
(d) Projected or
actual direct commercial salmon fishing job losses of one hundred positions or
more; and
(e) An unemployment
rate twenty percent or more above the state average. The counties that meet
these criteria shall be determined by the employment security department for
the most recent year for which data is available. For the purposes of
administration of programs under this chapter, the United States post office
five-digit zip code delivery areas will be used to determine residence status
for eligibility purposes. For the purpose of this definition, a zip code
delivery area that is located wholly or partially in an urbanized area or
within two miles of an urbanized area is considered urbanized. The office of
financial management shall make available a zip code listing of the areas to
all agencies and organizations providing services under this chapter.
(4) The loans
may have a deferred payment of up to five years but shall be repaid within
twenty years. The public works board may require other terms and conditions and
may charge such rates of interest on its loans as it deems appropriate to carry
out the purposes of this section. Repayments shall be made to the public works
assistance account.
(((4))) (5)
The board may make such loans irrespective of the annual loan cycle and
reporting required in RCW 43.155.070.
Sec. 7. 1993 c 320 s 10
(uncodified) is amended to read as follows:
RCW 43.160.076 and 1991
c 314 s 24 & 1985 c 446 s 6 are each repealed effective June 30, ((1995))
1997.
Sec. 8. 1993 c 316 s 7
(uncodified) is amended to read as follows:
RCW 43.160.200 expires
June 30, ((1995)) 1997.
Sec. 9. 1993 c 320 s 11
(uncodified) is amended to read as follows:
RCW 43.160.210 shall
take effect ((July 1, 1995)) June 30, 1997.
Sec. 10. RCW 43.31.651 and 1993 c
280 s 51 are each amended to read as follows:
The department of
community, trade, and economic development as a part of the agency ((timber))
rural community assistance task force ((and in consultation with the
board,)) shall implement a community assistance program to enable
communities to build local capacity for sustainable economic development
efforts. The program shall provide resources and technical assistance to ((timber))
rural natural resources impact areas.
NEW SECTION. Sec.
11. A new section is added
to chapter 43.63A RCW to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1) "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 rural natural resources impact area.
(2) "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).
(3) "Dislocated
salmon fishing worker" means a salmon 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 rural natural resources impact area.
(4) "Salmon
fishing worker" means a worker in the salmon industry affected by 1994 or
future salmon disasters. The workers included within this definition shall be
determined by the employment security department, but shall include workers
employed in the industries involved in the commercial and recreational
harvesting of salmon including buying and processing salmon. The commissioner
may adopt rules further interpreting these definitions.
Sec. 12. RCW 43.63A.600 and 1994
c 114 s 1 are each amended to read as follows:
(1) The department of
community, trade, and economic development, as a member of the agency ((timber))
rural community assistance 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 and
salmon 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)) rural community assistance
recovery coordinator to develop the program in ((timber)) rural
natural resources impact areas. Organizations eligible to receive grant
funds for distribution under the program are those organizations that are
eligible to receive assistance through the Washington housing trust fund. The
department shall disburse the funds to eligible local organizations as grants.
The local organizations shall use the funds to make grants or loans as
specified in RCW 43.63A.600 through 43.63A.640. If funds are disbursed as
loans, the local organization shall establish a revolving grant and loan fund
with funds received as loan repayments and shall continue to make grants or
loans or both grants and loans from funds received as loan repayments to
dislocated forest products and dislocated salmon fishing workers
eligible under the provisions of RCW 43.63A.600 through 43.63A.640 and to other
persons residing in ((timber)) rural natural resources impact
areas who meet the requirements of RCW 43.63A.600 through 43.63A.640.
(2) The goals of the
program are to:
(a) Provide temporary
emergency mortgage loans or rental assistance grants or loans on behalf of
dislocated forest products and dislocated salmon fishing workers in ((timber))
rural natural resources impact areas who are unable to make mortgage,
property tax, or rental payments on their permanent residences and are subject
to immediate eviction for nonpayment of mortgage installments, property taxes,
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)) rural natural resources impact
areas.
Sec. 13. RCW 43.63A.440 and 1993
c 280 s 74 are each amended to read as follows:
(((1))) The
department of community, trade, and economic development shall provide
technical and financial assistance to communities adversely impacted by
reductions in timber harvested from federal, state, and private lands and
reduction of salmon fishing caused by efforts to maintain the long-term
viability of salmon stocks. This assistance shall include the formation
and implementation of community economic development plans. The department of
community, trade, and economic development shall utilize existing state
technical and financial assistance programs, and shall aid communities in
seeking private and federal financial assistance for the purposes of this
section. The department may contract for services provided for under this
section.
(((2) The sum of
four hundred fifty thousand dollars, or as much thereof as may be necessary, is
appropriated from the general fund to the department of community, trade, and
economic development for the biennium ending June 30, 1991, for the purposes of
subsection (1) of this section.))
Sec. 14. RCW 43.160.020 and 1993
c 320 s 1 and 1993 c 280 s 55 are each reenacted and amended to read as
follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1) "Board"
means the community economic revitalization board.
(2) "Bond"
means any bond, note, debenture, interim certificate, or other evidence of
financial indebtedness issued by the board pursuant to this chapter.
(3)
"Department" means the department of community, trade, and economic
development.
(4) "Financial
institution" means any bank, savings and loan association, credit union,
development credit corporation, insurance company, investment company, trust
company, savings institution, or other financial institution approved by the
board and maintaining an office in the state.
(5) "Industrial
development facilities" means "industrial development
facilities" as defined in RCW 39.84.020.
(6) "Industrial
development revenue bonds" means tax-exempt revenue bonds used to fund
industrial development facilities.
(7) "Local
government" or "political subdivision" means any port district,
county, city, town, or special utility district.
(8) "Sponsor"
means any of the following entities which customarily provide service or
otherwise aid in industrial or other financing and are approved as a sponsor by
the board: A bank, trust company, savings bank, investment bank, national
banking association, savings and loan association, building and loan
association, credit union, insurance company, or any other financial
institution, governmental agency, or holding company of any entity specified in
this subsection.
(9) "Umbrella
bonds" means industrial development revenue bonds from which the proceeds
are loaned, transferred, or otherwise made available to two or more users under
this chapter.
(10) "User"
means one or more persons acting as lessee, purchaser, mortgagor, or borrower
under a financing document and receiving or applying to receive revenues from
bonds issued under this chapter.
(11) "((Timber))
Rural natural resources impact area" means:
(a) ((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)) A nonmetropolitan county, as defined by the
1990 decennial census, that meets two of the five criteria set forth in
subsection (12) of this section; or
(b) A nonurbanized
area, as defined by the 1990 decennial census, that is located in a
metropolitan county that meets two of the five criteria set forth in subsection
(12) of this section.
(((b) Additional
communities as the economic recovery coordinating board, established in RCW
43.31.631, designates based on a finding by the board that each designated
community is socially and economically integrated with areas that meet the
definition of a timber impact area under (a) of this subsection.))
(12) For the
purposes of designating rural natural resources impact areas, the following
criteria shall be considered:
(a) A lumber and
wood products employment location quotient at or above the state average;
(b) A commercial
salmon fishing employment location quotient at or above the state average;
(c) Projected or
actual direct lumber and wood products job losses of one hundred positions or
more;
(d) Projected or
actual direct commercial salmon fishing job losses of one hundred positions or
more; and
(e) An unemployment
rate twenty percent or more above the state average. The counties that meet
these criteria shall be determined by the employment security department for
the most recent year for which data is available. For the purposes of
administration of programs under this chapter, the United States post office
five-digit zip code delivery areas will be used to determine residence status
for eligibility purposes. For the purpose of this definition, a zip code
delivery area that is located wholly or partially in an urbanized area or
within two miles of an urbanized area is considered urbanized. The office of
financial management shall make available a zip code listing of the areas to
all agencies and organizations providing services under this chapter.
Sec. 15. RCW 43.160.076 and 1993
c 320 s 5 are each amended to read as follows:
(1) Except as
authorized to the contrary under subsection (2) of this section, from all funds
available to the board for loans and grants in a biennium, the board shall
spend at least fifty percent for grants and loans for projects in distressed
counties or ((timber)) rural natural resources impact areas. For
purposes of this section, the term "distressed counties" includes any
county, in which the average level of unemployment for the three years before
the year in which an application for a loan or grant is filed, exceeds the average
state employment for those years by twenty percent.
(2) If at any time
during the last six months of a biennium the board finds that the actual and
anticipated applications for qualified projects in distressed counties or ((timber))
rural natural resources impact areas are clearly insufficient to use up
the fifty percent allocation, then the board shall estimate the amount of the
insufficiency and during the remainder of the biennium may use that amount of
the allocation for loans and grants for projects not located in distressed
counties or ((timber)) rural natural resources impact areas.
Sec. 16. RCW 43.160.200 and 1993
c 320 s 7 and 1993 c 316 s 4 are each reenacted and amended to read as follows:
(1) The economic
development account is created within the public facilities construction loan
revolving fund under RCW 43.160.080. Moneys in the account may be spent only
after appropriation. Expenditures from the account may be used only for the
purposes of RCW 43.160.010(4) and this section. The account is subject to
allotment procedures under chapter 43.88 RCW.
(2) Applications under
this section for assistance from the economic development account are subject
to all of the applicable criteria set forth under this chapter, as well as
procedures and criteria established by the board, except as otherwise provided.
(3) Eligible applicants
under this section are limited to political subdivisions of the state in ((timber))
rural natural resources impact areas that demonstrate, to the satisfaction
of the board, the local economy's dependence on the forest products ((industry))
and salmon fishing industries.
(4) Applicants must
demonstrate that their request is part of an economic development plan
consistent with applicable state planning requirements. Applicants must
demonstrate that tourism projects have been approved by the local government.
Industrial projects must be approved by the local government and the associate
development organization.
(5) Publicly owned
projects may be financed under this section upon proof by the applicant that
the public project is a necessary component of, or constitutes in whole, a
tourism project.
(6) Applications must
demonstrate local match and participation. Such match may include: Land
donation, other public or private funds or both, or other means of local
commitment to the project.
(7) Board financing for
feasibility studies shall not exceed twenty-five thousand dollars per study.
Board funds for feasibility studies may be provided as a grant and require a
dollar for dollar match with up to one-half in-kind match allowed.
(8) Board financing for
tourism projects shall not exceed two hundred fifty thousand dollars. Other
public facility projects under this section shall not exceed five hundred
thousand dollars. Loans with flexible terms and conditions to meet the needs
of the applicants shall be provided. Grants may also be authorized, but only
when, and to the extent that, a loan is not reasonably possible, given the
limited resources of the political subdivision.
(9) The board shall
develop guidelines for allowable local match and feasibility studies.
(10) Applications under
this section need not demonstrate evidence that specific private development or
expansion is ready to occur or will occur if funds are provided.
(11) The board shall
establish guidelines for making grants and loans under this section to ensure
that the requirements of this chapter are complied with. The guidelines shall
include:
(a) A process to
equitably compare and evaluate applications from competing communities.
(b) Criteria to ensure
that approved projects will have a high probability of success and are likely
to provide long-term economic benefits to the community. The criteria shall
include: (i) A minimum amount of local participation, determined by the board
per application, to verify community support for the project; (ii) an analysis
that establishes the project is feasible using standard economic principles;
and (iii) an explanation from the applicant regarding how the project is
consistent with the communities' economic strategy and goals.
(c) A method of
evaluating the impact of the loans or grants on the economy of the community
and whether the loans or grants achieved their purpose.
(12) Cities and
counties otherwise eligible under and in compliance with this section are
authorized to use the loans or grants for buildings and structures.
Sec. 17. RCW 28B.50.030 and 1992
c 21 s 5 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 and technical colleges, which shall be
a system of higher education.
(2) "Board"
shall mean the work force training and education coordinating board.
(3) "College
board" shall mean the state board for community and technical colleges
created by this chapter.
(4)
"Director" shall mean the administrative director for the state
system of community and technical colleges.
(5) "District"
shall mean any one of the community and technical college districts created by
this chapter.
(6) "Board of
trustees" shall mean the local community and technical college board of
trustees established for each college district within the state.
(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 those higher education institutions that conduct
education programs under RCW 28B.50.020.
(11) "Technical
college" shall include those higher education institutions with the sole
mission of conducting occupational education, basic skills, literacy programs,
and offering on short notice, when appropriate, programs that meet specific
industry needs. The programs of technical colleges shall include, but not be
limited to, continuous enrollment, competency-based instruction,
industry-experienced faculty, curriculum integrating vocational and basic
skills education, and curriculum approved by representatives of employers and
labor. For purposes of this chapter, technical colleges shall include Lake
Washington Vocational-Technical Institute, Renton Vocational-Technical
Institute, Bates Vocational-Technical Institute, Clover Park Vocational
Institute, and Bellingham Vocational-Technical Institute.
(12) "Adult
education" shall mean all education or instruction, including academic,
vocational education or training, basic skills and literacy 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. However, "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, nor shall "adult education"
include education or instruction provided by any four year public institution
of higher education.
(13) "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)) rural natural resources
impact area.
(14) "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).
(15) "Dislocated
salmon fishing worker" means a salmon 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 rural natural resources impact area.
(16) "Salmon
fishing worker" means a worker in the salmon industry affected by 1994 or
future salmon disasters. The workers included within this definition shall be
determined by the employment security department, but shall include workers
employed in the industries involved in the commercial and recreational
harvesting of salmon including buying and processing salmon. The commissioner
may adopt rules further interpreting these definitions.
(17) "((Timber))
Rural natural resources impact area" ((shall)) means:
(a) ((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)) A nonmetropolitan county, as defined by the
1990 decennial census, that meets two of the five criteria set forth in
subsection (18) of this section; or
(b) A nonurbanized
area, as defined by the 1990 decennial census, that is located in a
metropolitan county that meets two of the five criteria set forth in subsection
(18) of this section.
(((b) Additional
communities as the economic recovery coordinating board, established in RCW
43.31.631, designates based on a finding by the board that each designated
community is socially and economically integrated with areas that meet the
definition of a timber impact area under (a) of this subsection.))
(18) For the
purposes of designating rural natural resources impact areas, the following
criteria shall be considered:
(a) A lumber and
wood products employment location quotient at or above the state average;
(b) A commercial
salmon fishing employment location quotient at or above the state average;
(c) Projected or
actual direct lumber and wood products job losses of one hundred positions or
more;
(d) Projected or
actual direct commercial salmon fishing job losses of one hundred positions or
more; and
(e) An unemployment
rate twenty percent or more above the state average. The counties that meet
these criteria shall be determined by the employment security department for
the most recent year for which data is available. For the purposes of
administration of programs under this chapter, the United States post office
five-digit zip code delivery areas will be used to determine residence status
for eligibility purposes. For the purpose of this definition, a zip code
delivery area that is located wholly or partially in an urbanized area or
within two miles of an urbanized area is considered urbanized. The office of
financial management shall make available a zip code listing of the areas to
all agencies and organizations providing services under this chapter.
Sec. 18. RCW 28B.50.258 and 1991
c 315 s 16 are each amended to read as follows:
To the extent that
funds are specifically appropriated therefor, the state board for community and
technical colleges ((education)) shall provide training and
retraining in ((timber)) rural natural resources 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)) rural natural resources 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.
Sec. 19. RCW 28B.50.262 and 1994
c 282 s 3 are each amended to read as follows:
The state board for
community and technical colleges shall develop, in conjunction with the center
for international trade in forest products, the Washington State University
wood materials and engineering laboratory, and the department of community,
trade, and economic development, a competency-based technical degree program in
wood product manufacturing and wood technology and make it available in every
college district that serves a ((timber)) rural natural resources
impact area.
Sec. 20. RCW 28B.80.570 and 1992
c 21 s 6 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
RCW 28B.80.575 through 28B.80.585.
(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)) rural natural resources
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) "Dislocated
salmon fishing worker" means a salmon 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 rural natural resources impact area.
(5) "Salmon
fishing worker" means a worker in the salmon industry affected by 1994 or
future salmon disasters. The workers included within this definition shall be
determined by the employment security department, but shall include workers
employed in the industries involved in the commercial and recreational
harvesting of salmon including buying and processing salmon. The commissioner
may adopt rules further interpreting these definitions.
(6) "((Timber))
Rural natural resources impact area" means:
(a) ((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)) A nonmetropolitan county, as defined by the
1990 decennial census, that meets two of the five criteria set forth in
subsection (7) of this section; or
(b) A nonurbanized
area, as defined by the 1990 decennial census, that is located in a
metropolitan county that meets two of the five criteria set forth in subsection
(7) of this section.
(((b) Additional
communities as the economic recovery coordinating board, established in RCW
43.31.631, designates based on a finding by the board that each designated
community is socially and economically integrated with areas that meet the
definition of a timber impact area under (a) of this subsection.))
(7) For the purposes
of designating rural natural resources impact areas, the following criteria
shall be considered:
(a) A lumber and
wood products employment location quotient at or above the state average;
(b) A commercial
salmon fishing employment location quotient at or above the state average;
(c) Projected or
actual direct lumber and wood products job losses of one hundred positions or
more;
(d) Projected or
actual direct commercial salmon fishing job losses of one hundred positions or
more; and
(e) An unemployment
rate twenty percent or more above the state average. The counties that meet
these criteria shall be determined by the employment security department for
the most recent year for which data is available. For the purposes of
administration of programs under this chapter, the United States post office
five-digit zip code delivery areas will be used to determine residence status
for eligibility purposes. For the purpose of this definition, a zip code
delivery area that is located wholly or partially in an urbanized area or
within two miles of an urbanized area is considered urbanized. The office of
financial management shall make available a zip code listing of the areas to
all agencies and organizations providing services under this chapter.
Sec. 21. RCW 28B.80.575 and 1991
c 315 s 19 are each amended 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)) rural natural resources 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))
rural natural resources 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
commercial salmon fishing employment location quotient at or above the state
average; (c) a direct lumber and wood products job loss of one hundred
positions or more; ((and (c))) (d) projected or actual direct
commercial salmon fishing job losses of one hundred positions or more; and (e)
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.
Sec. 22. RCW 28B.80.580 and 1993
sp.s. c 18 s 34 are each amended 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)) rural
natural resources 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
commercial salmon fishing employment location quotient at or above the state
average; (c) a direct lumber and wood products job loss of one hundred
positions or more; ((and (c))) (d) projected or actual direct
commercial salmon fishing job losses of one hundred positions or more; and (e)
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)) rural natural resources 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. Subject to the limitations of RCW 28B.15.910, the institutions
providing the service may waive all or a portion of the tuition, and 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) Subject to the
limitations of RCW 28B.15.910, for any eligible participant, all or a portion
of tuition may be waived for a maximum of four semesters or six quarters within
a two-year time period. The participant must be enrolled for a minimum of ten
credits per semester or quarter.
Sec. 23. RCW 28B.80.585 and 1991
c 315 s 21 are each amended to read as follows:
Dislocated forest
products and salmon products workers and their spouses shall receive
priority for attendance in upper division courses allocated under RCW
28B.80.580. Remaining allocations may be distributed to others in the ((timber))
rural natural resources impact area.
Sec. 24. RCW 43.17.065 and 1993 c
280 s 37 are each amended to read as follows:
(1) Where power is
vested in a department to issue permits, licenses, certifications, contracts,
grants, or otherwise authorize action on the part of individuals, businesses,
local governments, or public or private organizations, such power shall be
exercised in an expeditious manner. All departments with such power shall
cooperate with officials of the business assistance center of the department of
community, trade, and economic development, and any other state officials, when
such officials request timely action on the part of the issuing department.
(2) After August 1,
1991, any agency to which subsection (1) of this section applies shall, with
regard to any permits or other actions that are necessary for economic
development in ((timber)) rural natural resources impact areas,
as defined in RCW 43.31.601, respond to any completed application within
forty-five days of its receipt; any response, at a minimum, shall include:
(a) The specific steps
that the applicant needs to take in order to have the application approved; and
(b) The assistance that
will be made available to the applicant by the agency to expedite the
application process.
(3) The agency ((timber))
rural community assistance task force established in RCW 43.31.621 shall
oversee implementation of this section.
(4) Each agency shall
define what constitutes a completed application and make this definition
available to applicants.
Sec. 25. RCW 43.20A.750 and 1993
c 280 s 38 are each amended to read as follows:
(1) The department of
social and health services shall help families and workers in ((timber))
rural natural resources 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))
rural community assistance task force ((and in consultation with the
economic recovery coordination board,)) and, where appropriate, under an
interagency agreement with the department of community, trade, and economic
development, shall provide grants through the office of the secretary for
services to the unemployed in ((timber)) rural natural resources
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)) agency rural community assistance task force 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))
Rural natural resources impact area" means:
(a) ((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)) A nonmetropolitan county, as defined by the 1990
decennial census, that meets two of the five criteria set forth in subsection
(6) of this section; or
(b) A nonurbanized
area, as defined by the 1990 decennial census, that is located in a
metropolitan county that meets two of the five criteria set forth in subsection
(6) of this section.
(((b) Additional
communities as the economic recovery coordinating board, established in RCW
43.31.631, designates based on a finding by the board that each designated
community is socially and economically integrated with areas that meet the definition
of a timber impact area under (a) of this subsection.))
(6) For the purposes
of designating rural natural resources impact areas, the following criteria
shall be considered:
(a) A lumber and
wood products employment location quotient at or above the state average;
(b) A commercial
salmon fishing employment location quotient at or above the state average;
(c) Projected or
actual direct lumber and wood products job losses of one hundred positions or
more;
(d) Projected or
actual direct commercial salmon fishing job losses of one hundred positions or
more; and
(e) An unemployment
rate twenty percent or more above the state average. The counties that meet
these criteria shall be determined by the employment security department for
the most recent year for which data is available. For the purposes of
administration of programs under this chapter, the United States post office
five-digit zip code delivery areas will be used to determine residence status
for eligibility purposes. For the purpose of this definition, a zip code
delivery area that is located wholly or partially in an urbanized area or
within two miles of an urbanized area is considered urbanized. The office of
financial management shall make available a zip code listing of the areas to
all agencies and organizations providing services under this chapter.
Sec. 26. RCW 43.21J.010 and 1993
c 516 s 2 are each amended to read as follows:
(1) It is the intent of
this chapter to provide financial resources to make substantial progress
toward: (a) Implementing the Puget Sound water quality management plan and
other watershed-based management strategies and plans; (b) ameliorating
degradation to watersheds; and (c) keeping and creating stable, environmentally
sound, good wage employment in Washington state. The legislature intends that
employment under this chapter is not to result in the displacement or partial
displacement, whether by the reduction of hours of nonovertime work, wages, or
other employment benefits, of currently employed workers, including but not
limited to state civil service employees, or of currently or normally
contracted services.
(2) It is the purpose
of this chapter to:
(a) Implement clean
water, forest, and habitat restoration projects that will produce measurable
improvements in water and habitat quality, that rate highly when existing
environmental ranking systems are applied, and that provide economic stability.
(b) Facilitate the
coordination and consistency of federal, state, tribal, local, and private
water and habitat protection and enhancement programs in the state's
watersheds.
(c) Fund necessary
projects for which a public planning process has been completed.
(d) Provide immediate
funding to create jobs and training for environmental restoration and
enhancement jobs for unemployed workers and displaced workers in impact areas,
especially ((timber-dependent)) rural natural resources-dependent
communities.
(3) For purposes of
this chapter "impact areas" means: (a) Distressed counties as
defined in RCW 43.165.010(3)(a); (b) subcounty areas in those counties not
covered under (a) of this subsection that are ((timber)) rural
natural resources impact areas as defined in RCW 43.31.601; (c) urban
subcounty areas as defined in RCW 43.165.010(3)(c); and (d) areas that the task
force determines are likely to experience dislocations in the near future from
downturns in natural resource-based industries.
(4) For purposes of
this chapter, "high-risk youth" means youth eligible for Washington
conservation corps programs under chapter 43.220 RCW or Washington service
corps programs under chapter 50.65 RCW.
(5) For purposes of
this chapter, "dislocated forest products worker" has the meaning set
forth in RCW 50.70.010.
(6) For purposes of
this chapter, "task force" means the environmental enhancement and
job creation task force created under RCW 43.21J.030.
Sec. 27. RCW 43.168.020 and 1993
c 280 s 56 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1)
"Committee" means the Washington state development loan fund
committee.
(2)
"Department" means the department of community, trade, and economic
development.
(3)
"Director" means the director of community, trade, and economic
development.
(4) "Distressed
area" means: (a) A county which has an unemployment rate which is twenty
percent above the state average for the immediately previous three years; (b) a
metropolitan statistical area, as defined by the office of federal statistical
policy and standards, United States department of commerce, in which the
average level of unemployment for the calendar year immediately preceding the
year in which an application is filed under this chapter exceeds the average
state unemployment for such calendar year by twenty percent. Applications
under this subsection (4)(b) shall be filed by April 30, 1989; (c) an area
within a county, which area: (i) Is composed of contiguous census tracts; (ii)
has a minimum population of five thousand persons; (iii) has at least seventy
percent of its families and unrelated individuals with incomes below eighty
percent of the county's median income for families and unrelated individuals;
and (iv) has an unemployment rate which is at least forty percent higher than
the county's unemployment rate; or (d) a county designated as a ((timber))
rural natural resources impact area under RCW 43.31.601 if an
application is filed by July 1, 1993. For purposes of this definition,
"families and unrelated individuals" has the same meaning that is
ascribed to that term by the federal department of housing and urban
development in its regulations authorizing action grants for economic
development and neighborhood revitalization projects.
(5) "Fund"
means the Washington state development loan fund.
(6) "Local
development organization" means a nonprofit organization which is
organized to operate within an area, demonstrates a commitment to a
long-standing effort for an economic development program, and makes a
demonstrable effort to assist in the employment of unemployed or underemployed
residents in an area.
(7) "Project"
means the establishment of a new or expanded business in an area which when
completed will provide employment opportunities. "Project" also
means the retention of an existing business in an area which when completed
will provide employment opportunities.
Sec. 28. RCW 43.168.140 and 1991
c 314 s 20 are each amended to read as follows:
Any funds appropriated
by the legislature to the development loan fund for purposes of the timber
recovery act shall be used for development loans in ((timber)) rural
natural resources impact areas as defined in RCW 43.31.601.
Sec. 29. RCW 43.210.110 and 1994
c 284 s 7 are each amended to read as follows:
(1) The small business
export finance assistance center has the following powers and duties when
exercising its authority under RCW 43.210.100(3):
(a) Solicit and accept
grants, contributions, and any other financial assistance from the federal
government, federal agencies, and any other public or private sources to carry
out its purposes;
(b) Offer comprehensive
export assistance and counseling to manufacturers relatively new to exporting
with gross annual revenues less than twenty-five million dollars. As close to
seventy-five percent as possible of each year's new cadre of clients must have
gross annual revenues of less than five million dollars at the time of their
initial contract. At least fifty percent of each year's new cadre of clients
shall be from ((timber)) rural natural resources impact areas as
defined in RCW 43.31.601. Counseling may include, but not be limited to,
helping clients obtain debt or equity financing, in constructing competent
proposals, and assessing federal guarantee and/or insurance programs that
underwrite exporting risk; assisting clients in evaluating their international
marketplace by developing marketing materials, assessing and selecting targeted
markets; assisting firms in finding foreign customers by conducting foreign
market research, evaluating distribution systems, selecting and assisting in
identification of and/or negotiations with foreign agents, distributors,
retailers, and by promoting products through attending trade shows abroad;
advising companies on their products, guarantees, and after sales service
requirements necessary to compete effectively in a foreign market; designing a
competitive strategy for a firm's products in targeted markets and methods of
minimizing their commercial and political risks; securing for clients specific
assistance as needed, outside the center's field of expertise, by referrals to
other public or private organizations. The Pacific Northwest export assistance
project shall focus its efforts on facilitating export transactions for its
clients, and in doing so, provide such technical services as are appropriate to
accomplish its mission either with staff or outside consultants;
(c) Sign three-year
counseling agreements with its clients that provide for termination if adequate
funding for the Pacific Northwest export assistance project is not provided in
future appropriations. Counseling agreements shall not be renewed unless there
are compelling reasons to do so, and under no circumstances shall they be
renewed for more than two additional years. A counseling agreement may not be
renewed more than once. The counseling agreements shall have mutual
performance clauses, that if not met, will be grounds for releasing each party,
without penalty, from the provisions of the agreement. Clients shall be
immediately released from a counseling agreement with the Pacific Northwest
export assistance project, without penalty, if a client wishes to switch to a
private export management service and produces a valid contract signed with a
private export management service, or if the president of the small business
export finance assistance center determines there are compelling reasons to
release a client from the provisions of the counseling agreement;
(d) May contract with
private or public international trade education services to provide Pacific
Northwest export assistance project clients with training in international
business. The president and board of directors shall decide the amount of
funding allocated for educational services based on the availability of
resources in the operating budget of the Pacific Northwest export assistance
project;
(e) May contract with
the Washington state international trade fair to provide services for Pacific
Northwest export assistance project clients to participate in one trade show
annually. The president and board of directors shall decide the amount of
funding allocated for trade fair assistance based on the availability of
resources in the operating budget of the Pacific Northwest export assistance project;
(f) Provide biennial
assessments of its performance. Project personnel shall work with the
department of revenue and employment security department to confidentially
track the performance of the project's clients in increasing tax revenues to
the state, increasing gross sales revenues and volume of products destined to
foreign clients, and in creating new jobs for Washington citizens. A biennial
report shall be prepared for the governor and legislature to assess the costs
and benefits to the state from creating the project. The president of the
small business export finance assistance center shall design an appropriate
methodology for biennial assessments in consultation with the director of
community, trade, and economic development and the director of the Washington
state department of agriculture. The department of revenue and the employment
security department shall provide data necessary to complete this biennial
evaluation, if the data being requested is available from existing data bases.
Client-specific information generated from the files of the department of
revenue and the employment security department for the purposes of this
evaluation shall be kept strictly confidential by each department and the small
business export finance assistance center;
(g) Take whatever
action may be necessary to accomplish the purposes set forth in RCW 43.210.070
and 43.210.100 through 43.210.120; and
(h) Limit its
assistance to promoting the exportation of value-added manufactured goods. The
project shall not provide counseling or assistance, under any circumstances,
for the importation of foreign made goods into the United States.
(2) The Pacific
Northwest export assistance project shall not, under any circumstances, assume
ownership or take title to the goods of its clients.
(3) The Pacific
Northwest export assistance project may not use any Washington state funds
which come from the public treasury of the state of Washington to make loans or
to make any payment under a loan guarantee agreement. Under no circumstances
may the center use any funds received under RCW 43.210.050 to make or assist in
making any loan or to pay or assist in paying any amount under a loan guarantee
agreement. Debts of the center shall be center debts only and may be satisfied
only from the resources of the center. The state of Washington shall not in
any way be liable for such debts.
(4) The Pacific
Northwest export assistance project shall make every effort to seek nonstate
funds to supplement its operations. The small business export finance
assistance center and the project are authorized to charge reasonable fees for
services and products provided and to expend the proceeds for the particular
purposes for which they were collected.
(5) The small business
export finance assistance center and its Pacific Northwest export assistance
project shall take whatever steps are necessary to provide its services, if
requested, to the states of Oregon, Idaho, Montana, Alaska, and the Canadian
provinces of British Columbia and Alberta. Interstate services shall not be
provided by the Pacific Northwest export assistance project during its first
biennium of operation. The provision of services may be temporary and subject
to the payment of fees, or each state may request permanent services contingent
upon a level of permanent funding adequate for services provided. Temporary
services and fees may be negotiated by the small business export finance
assistance center's president subject to approval of the board of directors.
The president of the small business export finance assistance center may enter
into negotiations with neighboring states to contract for delivery of the
project's services. Final contracts for providing the project's counseling and
services outside of the state of Washington on a permanent basis shall be
subject to approval of the governor, appropriate legislative oversight
committees, and the small business export finance assistance center's board of
directors.
(6) The small business
export finance assistance center may receive such gifts, grants, and endowments
from public or private sources as may be made from time to time, in trust or
otherwise, for the use and benefit of the purposes of the Pacific Northwest
export assistance project and expend the same or any income therefrom according
to the terms of the gifts, grants, or endowments.
(7) The president of
the small business export finance assistance center, in consultation with the
board of directors, may use the following formula in determining the number of
clients that can be reasonably served by the Pacific Northwest export
assistance project relative to its appropriation. Divide the amount
appropriated for administration of the Pacific Northwest export assistance
project by the marginal cost of adding each additional Pacific Northwest export
assistance project client. For the purposes of this calculation, and only for
the first biennium of operation, the biennial marginal cost of adding each
additional Pacific Northwest export assistance project client shall be
fifty-seven thousand ninety-five dollars. The biennial marginal cost of adding
each additional client after the first biennium of operation shall be
established from the actual operating experience of the Pacific Northwest
export assistance project.
Sec. 30. RCW 50.12.270 and 1991 c
315 s 3 are each amended to read as follows:
(1) Subject to the
availability of state or federal funds, the employment security department, as
a member of the agency ((timber)) rural community assistance 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))) entrepreneurial training program, for
dislocated workers in ((timber)) rural natural resources impact
areas.
(2) The department
shall conduct a survey to determine the actual future employment needs and jobs
skills in ((timber)) rural natural resources 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))
rural natural resources 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)) "Rural
natural resources impact area" means:
(a) A
nonmetropolitan county, as defined by the 1990 decennial census, that meets two
of the five criteria set forth in subsection (6) of this section; or
(b) A nonurbanized
area, as defined by the 1990 decennial census, that is located in a
metropolitan county that meets two of the five criteria set forth in subsection
(6) of this section.
(6) For the purposes
of designating rural natural resources impact areas, the following criteria
shall be considered:
(a) A lumber and
wood products employment location quotient at or above the state average;
(b) A commercial
salmon fishing employment location quotient at or above the state average;
(c) Projected or
actual direct lumber and wood products job losses of one hundred positions or
more;
(d) Projected or
actual direct commercial salmon fishing job losses of one hundred positions or
more; and
(e) An unemployment
rate twenty percent or more above the state average. The counties that meet
these criteria shall be determined by the employment security department for
the most recent year for which data is available. For the purposes of
administration of programs under this chapter, the United States post office five-digit
zip code delivery areas will be used to determine residence status for
eligibility purposes. For the purpose of this definition, a zip code delivery
area that is located wholly or partially in an urbanized area or within two
miles of an urbanized area is considered urbanized. The office of financial
management shall make available a zip code listing of the areas to all agencies
and organizations providing services under this chapter.
Sec. 31. RCW 50.70.010 and 1992 c
21 s 1 are each amended to read as follows:
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)) rural natural resources
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) "Dislocated
salmon fishing worker" means a salmon 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 rural natural resources impact area.
(5) "Salmon
fishing worker" means a worker in the salmon industry affected by 1994 or
future salmon disasters. The workers included within this definition shall be
determined by the employment security department, but shall include workers
employed in the industries involved in the commercial and recreational
harvesting of salmon including buying and processing salmon. The commissioner
may adopt rules further interpreting these definitions.
(6)
"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))) (7)
"Enrollee" means any person enrolled in the program.
(((6))) (8)
"Project" means the natural resource worker project.
(((7))) (9)
"((Timber)) Rural natural resources impact area" means:
(a) ((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)) A nonmetropolitan county, as defined by the 1990
decennial census, that meets two of the five criteria set forth in subsection
(10) of this section; or
(b) A nonurbanized
area, as defined by the 1990 decennial census, that is located in a
metropolitan county that meets two of the five criteria set forth in subsection
(10) of this section.
(((b) Additional
communities as the economic recovery coordinating board, established in RCW
43.31.631, designates based on a finding by the board that each designated
community is socially and economically integrated with areas that meet the definition
of a timber impact area under (a) of this subsection.))
(10) For the
purposes of designating rural natural resources impact areas, the following
criteria shall be considered:
(a) A lumber and
wood products employment location quotient at or above the state average;
(b) A commercial
salmon fishing employment location quotient at or above the state average;
(c) Projected or
actual direct lumber and wood products job losses of one hundred positions or
more;
(d) Projected or
actual direct commercial salmon fishing job losses of one hundred positions or
more; and
(e) An unemployment
rate twenty percent or more above the state average. The counties that meet
these criteria shall be determined by the employment security department for
the most recent year for which data is available. For the purposes of
administration of programs under this chapter, the United States post office
five-digit zip code delivery areas will be used to determine residence status
for eligibility purposes. For the purpose of this definition, a zip code
delivery area that is located wholly or partially in an urbanized area or
within two miles of an urbanized area is considered urbanized. The office of
financial management shall make available a zip code listing of the areas to
all agencies and organizations providing services under this chapter.
Sec. 32. RCW 50.70.020 and 1991 c
315 s 6 are each amended to read as follows:
It is the purpose of
this chapter to establish programs that offer dislocated forest and salmon
products workers, in ((timber)) rural natural resources 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.
33. The following acts or
parts of acts are each repealed:
(1) RCW 43.31.661 and
1991 c 314 s 10; and
(2) RCW 43.31.631 and
1993 c 316 s 3 & 1991 c 314 s 6.
NEW SECTION. Sec.
34. A new section is added
to chapter 43.131 RCW to read as follows:
The rural natural
resources impact area programs shall be terminated on June 30, 1998, as
provided in section 35 of this act.
NEW SECTION. Sec.
35. A new section is added
to chapter 43.131 RCW to read as follows:
The following acts or
parts of acts are each repealed, effective June 30, 1999:
(1) RCW 43.31.601 and 1995 c
. . . s 1 (section 1 of this act), 1992 c 21 s 2, & 1991 c 314 s
2;
(2) RCW 43.31.641 and 1995 c
. . . s 4 (section 4 of this act), 1993 c 280 s 50, & 1991 c 314
s 7;
(3) RCW 50.22.090 and 1995 c
. . . s 5 (section 5 of this act), 1993 c 316 s 10, 1992 c 47 s 2,
& 1991 c 315 s 4;
(4) 1995 c . . . s 6
(section 6 of this act) & 1993 c 316 s 5 (uncodified);
(5) RCW 43.31.651 and 1995 c
. . . s 10 (section 10 of this act), 1993 c 280 s 51, & 1991 c
314 s 9;
(6) RCW 43.63A.--- and 1995 c
. . . s 11 (section 11 of this act);
(7) RCW 43.63A.600 and 1995 c
. . . s 12 (section 12 of this act), 1994 c 114 s 1, 1993 c 280 s 77,
& 1991 c 315 s 23;
(8) RCW 43.63A.440 and 1995 c
. . . s 13 (section 13 of this act), 1993 c 280 s 74, & 1989 c
424 s 7;
(9) RCW 43.160.200 and 1995 c
. . . s 16 (section 16 of this act), 1993 c 320 s 7, 1993 c 316
s 4, & 1991 c 314 s 23;
(10) RCW 28B.50.258 and 1995 c
. . . s 18 (section 18 of this act) & 1991 c 315 s 16;
(11) RCW 28B.50.262 and 1995 c
. . . s 19 (section 19 of this act) & 1994 c 282 s 3;
(12) RCW 28B.80.570 and 1995 c
. . . s 20 (section 20 of this act), 1992 c 21 s 6, & 1991 c 315
s 18;
(13) RCW 28B.80.575 and 1995 c
. . . s 21 (section 21 of this act) & 1991 c 315 s 19;
(14) RCW 28B.80.580 and 1995 c
. . . s 22 (section 22 of this act), 1993 sp.s. c 18 s 34, 1992 c 231
s 31, & 1991 c 315 s 20;
(15) RCW 28B.80.585 and 1995 c
. . . s 23 (section 23 of this act) & 1991 c 315 s 21;
(16) RCW 43.17.065 and 1995 c
. . . s 24 (section 24 of this act), 1993 c 280 s 37, 1991 c 314 s
28, & 1990 1st ex.s. c 17 s 77;
(17) RCW 43.20A.750 and 1995 c
. . . s 25 (section 25 of this act), 1993 c 280 s 38, 1992 c 21 s 4,
& 1991 c 153 s 28;
(18) RCW 43.168.140 and 1995 c
. . . s 28 (section 28 of this act) & 1991 c 314 s 20;
(19) RCW 50.12.270 and 1995 c
. . . s 30 (section 30 of this act) & 1991 c 315 s 3;
(20) RCW 50.70.010 and 1995 c
. . . s 31 (section 31 of this act), 1992 c 21 s 1, & 1991 c 315
s 5; and
(21) RCW 50.70.020 and 1995 c
. . . s 32 (section 32 of this act) & 1991 c 315 s 6.
NEW SECTION. Sec.
36. To facilitate the evaluation
of the effectiveness programs authorized under this act, and to assist in the
sunset review of this act by the legislative budget committee under sections 34
and 35 of this act, the rural community assistance task force shall develop a
performance measurement system. The performance measurement system shall be
developed in consultation with the legislative budget committee and the
Washington performance partnership by November 1, 1995, and submitted to the
appropriate policy and fiscal committees of the legislature.
The performance
measurement system shall measure the performance of the program in relation to
the primary intended results: (1) Increased employment; and (2) improved
economic viability of families, businesses, and communities in the affected
areas. The system should also focus on measures of efficiency such as cost per
client and length of time required in training and assistance programs. In
quantifying inputs into the programs, the measurement system must demonstrate
the negative impacts to the program clients resulting from the timber
harvesting limitations and salmon-related problems.
Assessment of the
results derived from the performance measurement system shall be the basis of
the sunset review to be conducted by the legislative budget committee under
sections 34 and 35 of this act.
NEW SECTION. Sec.
37. 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.
38. If any part of this act
is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part
of this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not affect the
operation of the remainder of this act in its application to the agencies
concerned. The rules under this act shall meet federal requirements that are a
necessary condition to the receipt of federal funds by the state.
NEW SECTION. Sec.
39. 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 July 1, 1995.
