5248-SAMHERICH2714.2SSB 5248H AMD357By Representative EricksenFAILED 04/08/2003 Strike everything after the enacting clause and insert thefollowing:NEW SECTION.Sec. The legislature finds that there is apressing need for reform of the way in which the transportation systemin Washington is constructed and maintained. The legislature findsthat if the private sector can perform a service faster and in a moreeconomical manner than state government, as demonstrated under chapter354, Laws of 2002, then the department of transportation should not behindered by state law from providing services in the most costeffective manner. The legislature also finds that reforming currentlaws governing the payment of prevailing wages to ensure the accuracyof such wages is necessary to recapture public support for futureexpansion of the transportation system in Washington. The legislatureintends that ten pilot projects should be conducted in a wide varietyof locations in Washington state, both urban and rural, to test theprocess of having the department of transportation draft its ownpermits, subject to a single review by the regulatory agencies, inorder to evaluate the use of this streamlined process.Sec. RCW 41.80.020 and 2002 c 354 s 303 are each amended toread as follows: (1) Except as otherwise provided in this chapter, the matterssubject to bargaining include wages, hours, and other terms andconditions of employment, and the negotiation of any question arisingunder a collective bargaining agreement. (2) The employer is not required to bargain over matters pertainingto: (a) Health care benefits or other employee insurance benefits,except as required in subsection (3) of this section; (b) Any retirement system or retirement benefit; or 1 (c) Rules of the director of personnel or the Washington personnelresources board adopted under section 203, chapter 354, Laws of 2002. (3) Matters subject to bargaining include the number of names to becertified for vacancies, promotional preferences, and the dollar amountexpended on behalf of each employee for health care benefits. However,except as provided otherwise in this subsection for institutions ofhigher education, negotiations regarding the number of names to becertified for vacancies, promotional preferences, and the dollar amountexpended on behalf of each employee for health care benefits shall beconducted between the employer and one coalition of all the exclusivebargaining representatives subject to this chapter. Any such provisionagreed to by the employer and the coalition shall be included in allmaster collective bargaining agreements negotiated by the parties. Forinstitutions of higher education, promotional preferences and thenumber of names to be certified for vacancies shall be bargained underthe provisions of RCW 41.80.010(4). (4) The employer and the exclusive bargaining representative shallnot agree to any proposal that would prevent the implementation ofapproved affirmative action plans or that would be inconsistent withthe comparable worth agreement that provided the basis for the salarychanges implemented beginning with the 19831985 biennium to achievecomparable worth. (5) The employer and the exclusive bargaining representative shallnot bargain over matters pertaining to: (a) Management rights established in RCW 41.80.040; or (b) With respect to the department of transportation, thedepartment's purchase of services by contract or any matters governedby RCW 41.06.142. (6) Except as otherwise provided in this chapter, if a conflictexists between an executive order, administrative rule, or agencypolicy relating to wages, hours, and terms and conditions of employmentand a collective bargaining agreement negotiated under this chapter,the collective bargaining agreement shall prevail. A provision of acollective bargaining agreement that conflicts with the terms of astatute is invalid and unenforceable. (((7) This section does not prohibit bargaining that affectscontracts authorized by RCW 41.06.142.)) 2 Sec. RCW 47.06C.050 and 2001 1st sp.s. c 2 s 5 are each amendedto read as follows: (1) The committee shall select and conduct permit reform pilotprojects in three locales: (a) Urban near builtout conditions; (b)urban centers serving as crucial rural connectors; and (c) ruralcorridors critical to statewide economic productivity. The pilotprojects must test the assignment of responsibilities such as selectedpermit drafting and selected compliance activities to the department. (2) The committee shall commence efforts to apply streamlininglessons learned from the streamlined permit process for the pilotprojects to as many other transportation projects of statewidesignificance as quickly as possible. In reporting to the legislature,the committee may recommend statutory or regulatory changes that wouldresult in streamlining for future projects. (3) The department and permitting agencies shall apply an interiminterdisciplinary permit review process for the pilot projects as setforth in this section. This process must provide coordinated reviewand approval of permit applications; provide coordinated andconsolidated public hearings where required by one or more regulatoryagencies under state law; and coordinate timelines for permit decisionmaking. (4) The committee shall give notice to the legislative authority ofeach affected county and city of the projects the committee hasdesignated as pilot projects. Each county and city notified must beoffered the opportunity to participate in the pilot projects asprovided for in this chapter. The department shall provide fundingassistance for participation. (5) The committee shall develop a dispute resolution process toresolve conflicts in interpretation of environmental standards and bestmanagement practices, mitigation requirements, permit requirements,assigned responsibilities, the streamlined process for pilot projectsset forth in this section, and other related issues by September 1,2001. The dispute resolution process may not abrogate or supplant anyappeal right of any party under existing statutes. The disputeresolution process must be designed to include federal agencies if theychoose to participate. The dispute resolution process must be appliedto the pilot projects. 3 (6) The streamlined process for the pilot projects must be based onthe following model: (a) Step 1: The department and permitting agencies will agree oncoordination for environmental review under the state and nationalenvironmental policy acts, including document preparation, publiccomment opportunities, and timelines. (b) Step 2: For each project, the department will convene ameeting of all entities with permitting authority to review: (i) The proposed conceptual design for the project and alternativeroutes, construction approaches, or mitigation approaches; (ii) All known reviewing entities, permit application and approvalrequirements, and timelines; and (iii) A coordinated timeline that allows all statutory requirementsto be met. (c) Step 3: The department will draft all necessary permits toproceed with the preferred alternative using relevant agreements withpermitting agencies. (d) Step 4: The department will provide public notice inconformity with all applicable statutes and regulations and allow therequired time for public hearings and written comments. (e) Step 5: The department may revise the draft permits afterconsideration of public comments and applying all relevant agreed uponstandards. (f) Step 6: All permits will be disseminated to permittingagencies for final review. All reviews will be completed within fortyfive days, at which time the permitting agencies will act upon thepermit and either approve the permit or return it without approval. (g) Step 7: If the permit is returned to the department withoutapproval, the permitting agencies will have one opportunity to identifyerrors or omissions and any remaining specific deficiencies orcircumstances not previously addressed by agreements between thedepartment and agencies that must be met or addressed to be compliantwith applicable law. The department may revise the permit as warrantedand resubmit the permit to the permitting agency, which will havefifteen days from receipt of the revised permit to take final action. (h) Step 8: Disputes related to permit decisions will be addressedby the dispute resolution process established by the committee. 4 (7) The committee shall select ten projects from the project liststhat accompany any transportation budget passed in 2003 that are fundedbut do not yet have state permits in place. The committee shouldselect projects in both urban and rural areas located from a widevariety of locations within Washington state. These will be designatedas "Department of Transportation Permit Drafting Pilot Projects."These projects are not required to be projects of statewidesignificance under this chapter. The department of transportation willdraft its own state permits under RCW 47.06C.080(2) and using atimeline developed by the committee. These permits drafted by thedepartment are subject to a single review by state regulatory agenciesbefore approval or denial. The process must be monitored by thecommittee and used to implement increased drafting of permits by thedepartment of transportation on other projects.Sec. RCW 39.12.010 and 1989 c 12 s 6 are each amended to readas follows: (1) The "prevailing rate of wage", for the intents and purposes ofthis chapter, shall be the rate of hourly wage, usual benefits, andovertime paid in the locality, as hereinafter defined, to the majorityof workers, laborers, or mechanics, in the same trade or occupation.In the event that there is not a majority in the same trade oroccupation paid at the same rate, then the average rate of hourly wageand overtime paid to such laborers, workers, or mechanics in the sametrade or occupation shall be the prevailing rate. If the wage paid byany contractor or subcontractor to laborers, workers, or mechanics onany public work is based on some period of time other than an hour, thehourly wage for the purposes of this chapter shall be mathematicallydetermined by the number of hours worked in such period of time. (2) The "locality" ((for the purposes of this chapter shall be thelargest city in)) is the county wherein the physical work is beingperformed. (3) The "usual benefits" for the purposes of this chapter shallinclude the amount of: (a) The rate of contribution irrevocably made by a contractor orsubcontractor to a trustee or to a third person pursuant to a fund,plan, or program; and 5 (b) The rate of costs to the contractor or subcontractor which maybe reasonably anticipated in providing benefits to workers, laborers,and mechanics pursuant to an enforceable commitment to carry out afinancially responsible plan or program which was communicated inwriting to the workers, laborers, and mechanics affected, for medicalor hospital care, pensions on retirement or death, compensation forinjuries or illness resulting from occupational activity, or insuranceto provide any of the foregoing, for unemployment benefits, lifeinsurance, disability and sickness insurance, or accident insurance,for vacation and holiday pay, for defraying costs of apprenticeship orother similar programs, or for other bona fide fringe benefits, butonly where the contractor or subcontractor is not required by otherfederal, state, or local law to provide any of such benefits. (4) An "interested party" for the purposes of this chapter shallinclude a contractor, subcontractor, an employee of a contractor orsubcontractor, an organization whose members' wages, benefits, andconditions of employment are affected by this chapter, and the directorof labor and industries or the director's designee.Sec. RCW 39.12.015 and 1965 ex.s. c 133 s 2 are each amended toread as follows: (1) All determinations of the prevailing rate of wage shall be madeby the industrial statistician of the department of labor andindustries. By January 1, 2004, the industrial statistician shalldetermine the prevailing rate of wage using a stratified randomsampling method. (2)(a) A stratified random sampling method must be used to thebroadest extent possible, subject to available resources. (b) If it is determined by the industrial statistician that samplesize, strata size, or other factors do not permit the effective use ofa stratified random sampling method, an equally reliable statisticalmethod must be used. (3) In order to ensure a fair and scientifically accuratestratified random sampling survey, the industrial statistician mayconsult with recognized experts in statistics and sampling, or withrepresentatives of labor unions or business organizations regarding the 6 necessary scientific methods, implementation parameters, and resourceallocations. (4) The department of labor and industries shall report to thelegislature by December 1, 2004, and December 1, 2005, on theimplementation of the stratified random sampling method.NEW SECTION.Sec. Section 2 of this act takes effect July 1,2004. Correct the title.The Department of Transportation is prohibited frombargaining over matters pertaining to purchasing services by contract. Provides that the prevailing wage will be determined using a randomstratified sampling method based on the county in which the work isbeing performed.--- END --- 7