BP BHEAD INT S [atlas:bill]

AN ACT Relating to the jobs for the environment program; adding a new chapter to Title 43 RCW; recodifying RCW 43.21J.800; repealing RCW 43.21J.005, 43.21J.010, 43.21J.020, 43.21J.030, 43.21J.040, 43.21J.050, 43.21J.060, 43.21J.070, 43.21J.900, 43.21J.901, 43.21J.902, 43.21J.903, and 43.21J.904; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. (1) The legislature finds the long-term health of the economy of Washington state depends on healthy natural resources.

(2) The legislature further finds the livelihoods, revenues, and other benefits derived from Washington's natural resources are threatened by continuing degradation of water quality and habitat, and that investment is required to prevent the collapse of economically important industries that rely on a healthy environment, and improve poorly functioning ecosystems.

(3) The legislature further finds fisheries and timber-dependent communities can provide the skills and people and affected natural resource workers could greatly benefit from family wages and benefits employment associated with implementing priority projects.

(4) The legislature therefore declares, and it is the intent and purpose of this chapter, to make immediate and continuing investment to restore and conserve the health of the state's watersheds, to foster voluntary watershed partnerships within and near fisheries and timber-dependent communities, and to train and employ affected natural resource workers at family wages with benefits who continue to be affected by economic dislocation, to minimize the need to list species as threatened or endangered and promote the recovery of those species that remain listed.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Affected natural resource worker" means those workers eligible to receive wages and benefits through the jobs for the environment program, including:

(a) New certified dislocated natural resource workers;

(b) Disclocated workers from fisheries and timber-dependent communities; and

(2) "Agreement" means any jobs for the environment grant, procurement, contract, or other legally binding document.

(3) "Conservation" means activities that support the sustainability of critical watershed functions including such activities as field assessment of conditions prior to initiating restoration work and stream typing field and mapping functions.

(4) "Impact areas" means rural natural resources impact areas as defined in RCW 43.31.601 and areas in which at-risk fish stocks coincide.

(5) "Account" means the jobs for the environment restoration account that provides funding to implement the provisions of this chapter to restore and conserve watersheds within Washington state.

(6) For the purposes of determining eligibility as a direct applicant to the jobs for the environment program, "private for-profit" is defined as small business, under RCW 19.85.020, which is any business entity including sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses that has the purpose of making a profit and has fifty or fewer employees. Any for-profit small business is eligible to receive funds as a subcontractor to a locally funded project, regardless of the business size.

(7) "Qualified watershed partnership" means an entity consisting of key partners in a watershed such as private, federal, state, local, or tribal entities with sufficient authority or resources to carry out a long-term restoration and conservation plan in the area of operation they have identified.

NEW SECTION. Sec. 3. (1) The jobs for the environment restoration account is established in the state treasury. Money in the account may be spent only after appropriation by the legislature and in a manner consistent with this chapter.

(2) Entities eligible to apply for funds include private nonprofits, small private for-profits, and local, state, and tribal governments.

(3) Restoration and conservation agreements entered into by the state under this chapter are part of a long-term restoration and conservation planning effort that includes an acceptable multiyear capital investment strategy for restoration and conservation identifying financial participation from key public and private partners. The plan provides for a local match consisting of funds or in-kind support of at least twenty percent in the first year, and thereafter increasing by five percent each year investment is sought, until achieving a fifty-fifty state-local match.

(4) Funds are awarded on a competitive basis. Funds must be used for watershed and conservation projects and programs as jointly identified by the department of natural resources and the department of fish and wildlife.

(5) Up to eight percent may be expended for administrative and technical assistance purposes. However, funds expended by the Washington conservation corps are subject solely to limitations set forth in RCW 43.220.230.

(6) Except for essential administrative, supervisory, and technical assistance purposes, funds in the account may not be used for hiring permanent state employees.

(7) Funds are not awarded for:

(a) Administrative rule making;

(b) Community outreach;

(d) Mitigation work required under state or federal permits;

(e) Incentives or bonuses to salaried employees; or

(f) Marketing studies or research.

(8) Nonprofit organizations may receive up to five percent of the agreement award for start-up costs upon submission of their completed scope of work if the nonprofit meets the other reasonable requirements of the department of natural resources and state law.

NEW SECTION. Sec. 4. The department of natural resources shall evaluate and recommend proposals for funding from the account using, at a minimum, the following criteria:

(1) The ability of the proponents of the project to quantify their projected improvements in water or habitat quality and quantity;

(2) The inclusion of the project as a priority in a federal, state, tribal, or local plan, until a completed watershed restoration and conservation plan has been prepared;

(3) The number and duration of jobs with family wages and benefits to be created or retained for affected natural resource workers by the project; projects that achieve stable, long-term, one-year or longer jobs that avoid redislocating natural resource workers from the jobs for the environment program are to be given added consideration over those that do not;

(4) The extent to which the project will help avoid further listings of threatened or endangered species and providing for recovery of those already listed;

(5) The participation as a cosponsor or employer by tribes or private for-profits to provide funds, equipment time, materials, or technical expertise, including training to match state or federal funds. The jobs for the environment program will strongly promote training that is offered through a state-approved apprenticeship program, whenever practicable, in the area.

NEW SECTION. Sec. 5. An individual is considered to be in training with the approval of the commissioner of employment security as defined in RCW 50.20.043, and is eligible for applicable unemployment insurance benefits while participating in and making satisfactory progress in training related to this chapter.

(1) For recruitment purposes, the department of natural resources will give notification of potential new jobs to local employment security offices, local labor organizations, and central labor councils in the area of funding. The list includes the number, location, and types of jobs expected to be provided by each project. The employment security department may recruit additional dislocated workers for these jobs, when needed, by:

(a) Notifying dislocated fishers and forest workers who meet the definitions in chapter 50.70 RCW, who are receiving unemployment benefits or who have exhausted unemployment benefits, of their eligibility for the programs;

(b) Notifying other unemployed workers;

(d) Establishing procedures for workers to apply to the programs.

(2) The employment security department may refer eligible workers to employers hiring under the jobs for the environment programs. Recipients of funds must consider the list of eligible workers developed by the employment security department before conducting interviews or making hiring decisions for dislocated workers entering the program. Workers may receive opportunities for vocational training, job placement, and remedial education.

(3) An individual is eligible for applicable employment security benefits while participating in training related to this chapter. Eligibility is confirmed by the commissioner of employment security by submitting a commissioner-approved training waiver.

(4) Persons receiving funds from the account are not considered state employees for the purposes of existing provisions of law with respect to hours of work, sick leave, vacation, and civil service but may receive health benefits. Persons receiving funds from the account who are hired by a state agency may receive medical and dental benefits under chapter 41.05 RCW and industrial insurance coverage under Title 51 RCW, but are exempt from the provisions under chapter 41.06 RCW.

(5) Employment under this program does not result in the displacement or partial displacement, whether by the reduction of hours of nonovertime work, wages, and benefits, or other employment benefits, of currently employed workers, including but not limited to state civil service employees, or of currently or normally contracted services.

(6) For the purpose of providing the protection of the unemployment compensation system to individuals at the conclusion of training or employment obtained as a result of this chapter, a special base year and benefit year are established.

(a) Only individuals who have entered training or employment provided by the account, and whose employment or training under the account was not considered covered under chapter 50.04 RCW, are allowed the special benefit provisions of this chapter.

(b) An application for initial determination made under this chapter must be filed in writing with the employment security department within twenty-six weeks following the week in which the individual commenced employment or training obtained as a result of this chapter. Notice from the individual, from the employing entity, or notice of hire from employment security department administrative records satisfies this requirement.

(c) For the purpose of this chapter, a special base year is established for an individual consisting of the first four of the last five completed calendar quarters, or if a benefit year is not established using the first four of the last five completed calendar quarters as the base year, the last four completed calendar quarters immediately prior to the first day of the calendar week in which the individual began employment or training provided by the account.

(d) A special individual benefit year is established consisting of the entire period of training or employment provided by the account and a fifty-two consecutive week period commencing with the first day of the calendar week in which the individual last participated in the employment or training. No special benefit year may have a duration in excess of three hundred twelve calendar days. This special benefit year is not established unless the criteria contained in RCW 50.04.030 has been met, except that an individual meeting the requirements of this chapter and who has an unexpired benefit year established which would overlap the special benefit year may elect to establish a special benefit year under this chapter, notwithstanding the provisions in RCW 50.04.030 relating to establishment of a subsequent benefit year, and RCW 50.40.010 relating to waiver of rights. This unexpired benefit year is terminated at the beginning of the special benefit year if the individual elects to establish a special benefit year under this chapter.

(e) The individual's weekly benefit amount and maximum amount payable during the special benefit year are governed by the provisions contained in RCW 50.20.120. The individual's basic and continuing right to benefits are governed by the general laws and rules relating to the payment of unemployment compensation benefits to the extent that they are not in conflict with this chapter.

(f) The fact that wages, hours, or weeks worked during the special base year may have been used in computation of a prior valid claim for unemployment compensation may not affect a claim for benefits made under this chapter. However, wages, hours, and weeks worked used in computing entitlement on a claim filed under this chapter are not available or used for establishing entitlement or amount of benefits in any succeeding benefit year.

(g) Benefits paid to an individual filing under this section are not charged to the experience rating account of any contribution paying employer.

(7) The department of labor and industries is directed to expedite through administrative approval of the jobs for the environment program's current wages as the prevailing wages under chapter 39.12 RCW for watershed restoration workers employed under this chapter.

NEW SECTION. Sec. 6. The following acts or parts of acts are each repealed:

(1) RCW 43.21J.005 and 1993 c 516 s 1;

(2) RCW 43.21J.010 and 1995 c 226 s 26 & 1993 c 516 s 2;

(3) RCW 43.21J.020 and 1993 c 516 s 3;

(4) RCW 43.21J.030 and 1994 c 264 s 17 & 1993 c 516 s 5;

(5) RCW 43.21J.040 and 1993 c 516 s 4;

(6) RCW 43.21J.050 and 1993 c 516 s 8;

(7) RCW 43.21J.060 and 1993 c 516 s 9;

(8) RCW 43.21J.070 and 1993 c 516 s 10;

(9) RCW 43.21J.900 and 1993 c 516 s 15;

(10) RCW 43.21J.901 and 1993 c 516 s 16;

(11) RCW 43.21J.902 and 1993 c 516 s 17;

(12) RCW 43.21J.903 and 1993 c 516 s 19; and

(13) RCW 43.21J.904 and 1993 c 516 s 20.

NEW SECTION. Sec. 7. Sections 1 through 5 of this act constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 8. RCW 43.21J.800 is recodified as a section in the new chapter created in section 7 of this act.

NEW SECTION. Sec. 9. 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 takes effect July 1, 1997.