2SHB 2227 -
By Representative Probst
ADOPTED AS AMENDED 03/09/2009
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that the 2009
American recovery and reinvestment act includes new investments in
research and development for green industries, renewable energy
production, and incentives for installation and use of renewable energy
and energy efficiency retrofits. The legislature further finds that
state level initiatives include additional incentives for installation
of renewable energy and energy efficiency retrofits. These initiatives
also include new incentives for production of renewable energy, so that
the state is not only using renewable energy, but also becoming a major
supplier of renewable energy to the world.
The legislature believes that these inputs will significantly
increase demand for installation and production of renewable energy and
energy efficiency retrofits. The legislature recognizes that this
demand will cultivate job opportunities for Washington state residents
during economic downturns when such opportunities are particularly
valuable. However, the state's residents and economy may be unable to
take full advantage of these opportunities if there is a shortage of
workers with the skills needed for production and installation jobs in
renewable energy and energy efficiency.
Therefore, the legislature intends that Washington state excel in
the green economy by creating a highly skilled green jobs workforce.
Furthermore, the legislature intends to establish an even stronger
focus on skills for green jobs within existing education and training
funds, and to direct any funds received from the 2009 American recovery
and reinvestment act to an evergreen jobs initiative.
The legislature intends to establish the evergreen jobs initiative
to ensure: That the state's workforce is prepared for the new green
economy; that the state attracts investment and job creation in the
green economy; that the state is a net exporter of green industry
products and services, with special attention to renewable energy
technology and components; and that Washington is a national and world
leader in the green economy.
Sec. 2 RCW 43.330.310 and 2008 c 14 s 9 are each amended to read
as follows:
(1) ((The legislature establishes a comprehensive green economy
jobs growth initiative based on the goal of, by 2020, increasing the
number of green economy jobs to twenty-five thousand from the eight
thousand four hundred green economy jobs the state had in 2004.)) The Washington state evergreen jobs initiative is established
with the following primary goals:
(2)
(a) To create fifteen thousand new green economy jobs by 2020;
(b) To target thirty percent of these new jobs to veterans, members
of the national guard, and low-income and disadvantaged populations;
(c) To create a coordinated effort across state agencies to draw
down federal funds and deploy them in a focused, effective, and
coordinated manner;
(d) To prepare the state's workforce to take full advantage of
green economy job opportunities;
(e) To attract private sector investment that will result in job
creation and expansion;
(f) To make the state a net exporter of green industry products and
services, with special attention to renewable energy technology and
components;
(g) To empower green job recruitment and training by local
workforce development councils and associate development organizations
by providing rapidly accessible funding and strong support from state
agencies; and
(h) To capitalize upon partnership agreements already established
in the governor's Washington works plan and the Washington workforce
compact.
(2) The department and the workforce training and education
coordinating board shall work with a working group including the state
board for community and technical colleges, the employment security
department, business, organized labor, workforce development councils,
associate development organizations, and higher education to:
(a) Develop and maintain a regularly updated and prioritized list
of projects across the state that will create green jobs and have long-term economic and environmental impact;
(i) To ensure that projects with high economic or environmental
impact are strongly supported, the department, workforce training and
education coordinating board, and the working group must develop a
process and specific criteria for soliciting and evaluating evergreen
jobs act priority projects, which may be proposed by organizations
including associate development organizations and workforce development
councils statewide. The evaluation criteria must include, but not be
limited to, whether the project will:
(A) Create short-term jobs;
(B) Create long-term jobs;
(C) Position the state to become a major exporter of renewable
energy technology and components;
(D) Strengthen the state's competitiveness in a targeted niche
within the green economy; and
(E) Create lasting environmental benefits;
(ii) Projects that demonstrate the following characteristics shall
be awarded additional points in the evaluation process:
(A) Compliance with the prevailing wage provisions of chapter 39.12
RCW or with area standard wages for public works as determined by the
department of labor and industries;
(B) Employment opportunities for veterans, members of the national
guard, and low-income and disadvantaged populations; and
(C) Quality and training standards that ensure that fifteen percent
of the labor hours will be performed by apprentices.
(b) Accelerate and coordinate efforts to identify and secure any
and all potential sources of funding, with a particular emphasis on
funds available from the federal government under the 2009 American
recovery and reinvestment act, to support evergreen jobs act priority
projects and accomplish the additional goals of this initiative;
(c) Use the list of evergreen jobs act priority projects to inform
and coordinate applications for federal funding, and to coordinate
funding and implementation for local projects from multiple state
agencies. This requirement for consultation and coordination among
state agencies shall not be construed as a requirement for any agency
to gain approval from another before allocating funding to the local
level;
(d) Coordinate, streamline, and accelerate project support so that
local associate development organizations and workforce development
councils will be empowered to comprehensively and rapidly respond to
job creation and workforce training opportunities. Each associate
development organization and workforce development council shall report
to the legislature annually regarding the effectiveness and timeliness
of support provided by state agencies under this section and sections
3 through 5 of this act;
(e) Ensure that public utility district and community action agency
weatherization projects similarly receive coordinated, streamlined, and
accelerated state support, including a steady supply of appropriately
skilled workers;
(f) Consult with the Washington State University energy extension
program, when necessary, to determine which energy efficiency and
renewable energy improvement technologies are appropriate;
(g) Develop, track, and report performance metrics, including but
not limited to:
(i) The number of new green jobs created each year;
(ii) The number of new green jobs created for veterans, members of
the national guard, and low-income and disadvantaged populations;
(iii) Wage levels of jobs created;
(iv) The total amount of new federal funding secured and the
respective amounts allocated to the state and local levels; and
(v) The timeliness of deployment of funding by state agencies to
the local level;
(h) Focus on additional local projects or additional high employer-demand fields as necessary and report performance in these fields in
the same manner described in (g) of this subsection;
(i) Provide a progress report to appropriate committees of the
legislature on December 1, 2009, that includes:
(i) Methods to encourage the creation and expansion of businesses
and jobs in the state's green economy;
(ii) Actions and accomplishments in securing funds from the federal
government and other external sources;
(iii) Recommended performance metrics;
(iv) Actual performance outcomes to date; and
(v) A list of evergreen jobs act priority projects and actions
taken to date on each;
(j) Provide quarterly performance reports thereafter to appropriate
committees of the legislature that include, at a minimum, the following
information:
(i) Performance metrics and actual performance outcomes to date;
(ii) The updated list of evergreen jobs act priority projects and
actions taken to date on each;
(iii) A summary of actions taken to empower local organizations as
required in (d) and (e) of this subsection; and
(iv) Reports from local associate development organizations and
workforce development councils on the effectiveness and timeliness of
state support for their efforts.
(3) The workforce training and education coordinating board, in
consultation with the department, shall develop a plan or a series of
plans to prioritize existing and new funding streams related to
workforce training programs and education that lead to a credential,
certificate, or degree in green economy jobs and increase capacity for
associate development organizations and workforce development councils
to respond to priority projects in the future.
(4) The department and workforce training and education
coordinating board shall identify strategies to allocate and direct
existing and new funding streams to workforce development councils and
associate development organizations in a coordinated and efficient
manner, to reduce local staff time needed to draw down funds, and to
increase local capacity to respond rapidly and comprehensively to
opportunities to attract green jobs to local communities.
(5) The department, in consultation with the employment security
department, the state workforce training and education coordinating
board, the state board ((of [for])) for community and technical
colleges, and the higher education coordinating board, shall develop a
defined list of terms, consistent with current workforce and economic
development terms, associated with green economy industries and jobs.
(((3)(a))) (6) The employment security department, in consultation
with the department, the state workforce training and education
coordinating board, the state board for community and technical
colleges, the higher education coordinating board, Washington State
University small business development center, and the Washington State
University extension energy program, shall conduct labor market
research to analyze the current labor market and projected job growth
in the green economy, the current and projected recruitment and skill
requirement of green economy industry employers, the wage and benefits
ranges of jobs within green economy industries, and the education and
training requirements of entry-level and incumbent workers in those
industries.
(((b) The University of Washington business and economic
development center shall: Analyze the current opportunities for and
participation in the green economy by minority and women-owned business
enterprises in Washington; identify existing barriers to their
successful participation in the green economy; and develop strategies
with specific policy recommendations to improve their successful
participation in the green economy. The research may be informed by
the research of the Puget Sound regional council prosperity
partnership, as well as other entities. The University of Washington
business and economic development center shall report to the
appropriate committees of the house of representatives and the senate
on their research, analysis, and recommendations by December 1, 2008.)) (7) Based on the findings from subsection ((
(4)(3))) (6) of this
section, the employment security department, in consultation with the
department and taking into account the requirements and goals of
chapter 14, Laws of 2008 and other state clean energy and energy
efficiency policies, shall propose which industries will be considered
high-demand green industries, based on current and projected job
creation and their strategic importance to the development of the
state's green economy. The employment security department and the
department shall take into account which jobs within green economy
industries will be considered middle or high-wage occupations and
occupations that are part of career pathways to the same, based on
family-sustaining wage and benefits ranges. These designations, and
the results of the employment security department's broader labor
market research, shall inform the planning and strategic direction of
the department, the state workforce training and education coordinating
board, the state board for community and technical colleges, and the
higher education coordinating board.
(((5))) (8) The department shall identify emerging technologies and
innovations that are likely to contribute to advancements in the green
economy, including the activities in designated innovation partnership
zones established in RCW 43.330.270.
(((6))) (9) The department, consistent with the priorities
established by the state economic development commission, shall:
(a) Develop targeting criteria for existing investments, and make
recommendations for new or expanded financial incentives and
comprehensive strategies, to recruit, retain, and expand green economy
industries and small businesses; and
(b) Make recommendations for new or expanded financial incentives
and comprehensive strategies to stimulate research and development of
green technology and innovation, including designating innovation
partnership zones linked to the green economy.
(((7))) (10) For the purposes of this section, "target populations"
means (a) entry-level or incumbent workers ((in high-demand green
industries)) who are in, or are preparing for, middle or high-wage
high-demand occupations in the green economy; (b) dislocated workers in
declining industries who may be retrained for middle or high-wage
occupations in ((high-demand green industries)) the green economy; (c)
((dislocated agriculture, timber, or energy sector workers who may be
retrained for high-wage occupations in high-demand green industries;
(d))) eligible veterans or national guard members; (((e))) (d)
disadvantaged populations; or (((f))) (e) anyone eligible to
participate in the state opportunity grant program under RCW
28B.50.271.
(((8))) (11) The legislature directs the state workforce training
and education coordinating board to create and pilot green industry
skill panels. These panels shall consist of business representatives
from industry sectors related to clean energy, labor unions
representing workers in those industries or labor affiliates
administering state-approved, joint apprenticeship programs or labor-management partnership programs that train workers for these
industries, state and local veterans agencies, employer associations,
educational institutions, and local workforce development councils
within the region that the panels propose to operate, and other key
stakeholders as determined by the applicant. Any of these stakeholder
organizations are eligible to receive grants under this section and
serve as the intermediary that convenes and leads the panel. Panel
applicants must provide labor market and industry analysis that
demonstrates high demand, or demand of strategic importance to the
development of the state's clean energy economy as identified in this
section, for middle or high-wage occupations, or occupations that are
part of career pathways to the same, within the relevant industry
sector. The panel shall:
(a) Conduct labor market and industry analyses, in consultation
with the employment security department, and drawing on the findings of
its research when available;
(b) Plan strategies to meet the recruitment and training needs of
the industry and small businesses; and
(c) Leverage and align other public and private funding sources.
(((9))) (12) The ((green industries)) evergreen jobs ((training))
account is created in the state treasury. Funds deposited to the
account may include gifts, grants, or endowments from public or private
sources, in trust or otherwise. Moneys from the account must be
utilized to supplement the state opportunity grant program established
under RCW 28B.50.271. All receipts from appropriations directed to the
account must be deposited into the account. Expenditures from the
account may be used only for the activities identified in this
subsection. The state board for community and technical colleges, in
consultation with the state workforce training and education
coordinating board, informed by the research of the employment security
department and the strategies developed in this section, may authorize
expenditures from the account. The state board for community and
technical colleges must distribute grants from the account on a
competitive basis.
(a)(i) Allowable uses of these grant funds, which should be used
when other public or private funds are insufficient or unavailable, may
include:
(A) Curriculum development;
(B) Transitional jobs strategies for dislocated workers in
declining industries who may be retrained for middle or high-wage
occupations in green industries;
(C) Workforce education to target populations; ((and))
(D) Adult basic and remedial education as necessary linked to
occupation skills training; and
(E) Coordinated outreach efforts by institutions of higher
education and workforce development councils.
(ii) Allowable uses of these grant funds do not include student
assistance and support services available through the state opportunity
grant program under RCW 28B.50.271.
(b) Applicants eligible to receive these grants may be any
organization or a partnership of organizations that has demonstrated
expertise in:
(i) Implementing effective education and training programs that
meet industry demand; and
(ii) Recruiting and supporting, to successful completion of those
training programs carried out under these grants, the target
populations of workers.
(c) In awarding grants from the ((green industries)) evergreen jobs
((training)) account, the state board for community and technical
colleges shall give priority to applicants that demonstrate the ability
to:
(i) Use labor market and industry analysis developed by the
employment security department and green industry skill panels in the
design and delivery of the relevant education and training program, and
otherwise utilize strategies developed by green industry ((skills
[skill])) skill panels;
(ii) Leverage and align existing public programs and resources and
private resources toward the goal of recruiting, supporting, educating,
and training target populations of workers;
(iii) Work collaboratively with other relevant stakeholders in the
regional economy;
(iv) Link adult basic and remedial education, where necessary, with
occupation skills training;
(v) Involve employers and, where applicable, labor unions in the
determination of relevant skills and competencies and, where relevant,
the validation of career pathways; and
(vi) Ensure that supportive services, where necessary, are
integrated with education and training and are delivered by
organizations with direct access to and experience with the targeted
population of workers.
(13) The definitions in this subsection apply throughout this
section and sections 3 through 5 of this act unless the context clearly
requires otherwise.
(a) "Apprentice" means an apprentice enrolled in an apprenticeship
training program approved by the Washington state apprenticeship
council.
(b) "High-demand occupation" means an occupation with a substantial
number of current or projected employment opportunities.
(c) "Labor hours" means the total hours of workers receiving an
hourly wage who are directly employed on the site of the project.
"Labor hours" includes hours performed by workers employed by the
contractor and all subcontractors working on the project. "Labor
hours" does not include hours worked by foremen, superintendents, and
owners.
NEW SECTION. Sec. 3 A new section is added to chapter 28B.50 RCW
to read as follows:
(1) The college board shall prioritize workforce training programs
that lead to a credential, certificate, or degree in green economy jobs
as established in chapter 14, Laws of 2008. For purposes of this
section, green economy jobs include those in the primary industries of
a green economy including clean energy, high-efficiency building, green
transportation, and environmental protection. Prioritization efforts
shall include but not be limited to: (a) Prioritization of the use of
high employer-demand funding for workforce training programs in green
economy jobs. Any additional community and technical college high-demand funding authorized for the 2009-2011 fiscal biennium and
thereafter is subject to prioritization; (b) increased outreach efforts
to public utilities, education, labor and government, and private
industry to develop tailored, green-job training programs; and (c)
increased outreach efforts to target populations. Outreach efforts
shall be conducted in partnership with local workforce development
councils.
(2) For purposes of this section, "target populations" means
veterans, members of the national guard, and low-income and
disadvantaged populations.
(3) The definitions in RCW 43.330.310(13) apply to this section.
NEW SECTION. Sec. 4 A new section is added to chapter 28C.18 RCW
to read as follows:
(1) The board shall prioritize workforce training programs that
lead to a credential, certificate, or degree in green economy jobs as
established in chapter 14, Laws of 2008. For purposes of this section,
green economy jobs include those in the primary industries of a green
economy, including clean energy, high-efficiency building, green
transportation, and environmental protection. Prioritization efforts
shall include but not be limited to: (a) Prioritization of the use of
high employer-demand funding for workforce training programs in green
economy jobs; (b) increased outreach efforts to public utilities,
education, labor and government, and private industry to develop
tailored, green-job training programs; and (c) increased outreach
efforts to target populations. Outreach efforts shall be conducted in
partnership with local workforce development councils.
(2) For purposes of this section, "target populations" means
veterans, members of the national guard, and low-income and
disadvantaged populations.
(3) The definitions in RCW 43.330.310(13) apply to this section.
NEW SECTION. Sec. 5 A new section is added to chapter 49.04 RCW
to read as follows:
(1) The council shall prioritize workforce training programs that
lead to apprenticeship programs in green economy jobs as established in
chapter 14, Laws of 2008. For purposes of this section, green economy
jobs include those in the primary industries of a green economy,
including clean energy, high-efficiency building, green transportation,
and environmental protection. Prioritization efforts shall include but
not be limited to: (a) Prioritization of the use of high employer-demand funding for workforce training programs in green economy jobs;
(b) increased outreach efforts to public utilities, education, labor
and government, and private industry to develop tailored, green-job
training programs; and (c) increased outreach efforts to target
populations. Outreach efforts shall be conducted in partnership with
local workforce development councils.
(2) For purposes of this section, "target populations" means
veterans, members of the national guard, and low-income and
disadvantaged populations.
(3) The definitions in RCW 43.330.310(13) apply to this section.
NEW SECTION. Sec. 6 This act may be known and cited as the
evergreen jobs act."
Correct the title.
EFFECT: (1) Clarifies legislative intent that funds received from
the 2009 American Recovery and Reinvestment Act be directed to the
Evergreen Jobs Initiative.
(2) Adds to Initiative goals an effort across state agencies to
draw down federal funds and deploy them in a focused, effective,
coordinated manner.
(3) Directs that the Department of Community, Trade, and Economic
Development (DCTED) and the Workforce Training and Education
Coordinating Board (WTB) work with a working group of specified state
and local agencies, business, and labor to:
(a) Develop and maintain an updated, prioritized list of projects
statewide that will create green jobs and have long-term economic and
environmental impact. Specifies uses of the list.
(b) Develop a process and criteria to ensure that projects with
high economic or environmental impact are strongly supported as
"Evergreen Jobs Act Priority Projects." Specifies some of the
evaluation criteria to be included, and directs additional points to be
awarded for projects that meet three specified standards.
(c) Develop, track, and report performance metrics, some of which
are named.
(d) Focus on additional local projects or high employer-demand
fields as necessary and similarly report performance metrics.
(e) Submit a progress report on December 1, 2009, to the
Legislature, and subsequent quarterly reports containing specified
information.
(4) Eliminates a completed task by the University of Washington.
(5) Clarifies consistently that "target populations" are veterans,
members of the National Guard, and low-income and disadvantaged
populations. Specifies that outreach to target populations be
conducted in partnership with local workforce development councils.
(6) Removes definition of "green economy." Adds definitions of
"apprentice" and "labor hours." Changes terminology throughout from
"green energy" to "renewable energy" and from "green buildings" to
"high-efficiency buildings."