BILL REQ. #:  H-4508.2 

READ FIRST TIME 01/22/10.   

     AN ACT Relating to the promotion of the industries that rely on the state's working land base; amending RCW 43.330.310 and 43.330.375; and creating a new section.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that it is in the best interest of the state to support and enhance the critical economic and environmental role that Washington's forest products industry plays in the state. These roles not only provide a wide range of services and goods both to Washingtonians and people around the world, but also are vital to the well-being and lifestyle of the people of the state of Washington.
     (2) The legislature further finds that the state's forest practices are sustainably managed according to some of the most stringent riparian growing and harvest rules of any state in the nation or in the world, and that the state of Washington has received fifty year assurances from the federal government that the state's forest practices satisfy the requirements of the federal endangered species act for aquatic species. As part of their environmental stewardship, forest landowners in Washington have repaired or removed nearly three thousand fish passage barriers, returned nearly twenty-five hundred miles of forest roads to their natural condition, and opened up nearly fifteen hundred miles of riparian salmonid habitat.
     (3) The legislature further finds that Washington's forests naturally create habitat for fish and wildlife, clean water, and carbon storage; all environmental benefits that are lost when land is converted out of working forestry into another use. In recognition of forestry's benefits, the international panel on climate change has reported that a sustainable forest management strategy aimed at maintaining or increasing forest carbon stocks, while producing an annual sustained yield of timber, fiber, wood products, or energy from the forest, will generate the largest sustained carbon mitigation benefit.
     (4) The legislature further finds that the forest products industry is a seventeen billion dollar industry, making it Washington's second largest manufacturing industry. The forest products industry alone provides nearly forty-five thousand direct jobs and one hundred sixty-two thousand indirect jobs, many located in rural areas.
     (5) The legislature further finds that working forests help generate wealth through recreation and tourism, the retention and creation of green jobs, and through the production of wood products and energy; a finding supported by the United States secretary of agriculture.

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.
     (2) 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) 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.
     (i) The employment security department shall conduct an analysis of occupations in the forest products industry to determine key growth factors, employment projections, and to define the education and skill standards required for current and emerging green occupations.
     (ii) The term "forest products industry" must be given a broad interpretation when implementing this section and include, at a minimum, businesses that grow, manage, harvest, transport, and process forest, wood, and paper products.
     (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.
     (4) Based on the findings from subsection (3) 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 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) 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) 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) 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, high-wage occupations; (b) dislocated workers in declining industries who may be retrained for high-wage occupations in high-demand green industries; (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) disadvantaged populations; or (f) anyone eligible to participate in the state opportunity grant program under RCW 28B.50.271.
     (8) 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, including energy derived from wood biomass, liquid biofuels, or bio-based products; 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 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) The green industries jobs training account is created in the state treasury. 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 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.
     (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 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.

Sec. 3   RCW 43.330.375 and 2009 c 536 s 4 are each amended to read as follows:
     (1) The department and the workforce board, in consultation with the leadership team, must:
     (a) Coordinate efforts across the state to ensure that federal training and education funds are captured and deployed in a focused and effective manner in order to support green economy projects and accomplish the goals of the evergreen jobs initiative;
     (b) Accelerate and coordinate efforts by state and local organizations to identify, apply for, and secure all sources of funds, particularly those created by the 2009 American recovery and reinvestment act, and to ensure that distributions of funding to local organizations are allocated in a manner that is time-efficient and user-friendly for the local organizations. Local organizations eligible to receive support include but are not limited to:
     (i) Associate development organizations;
     (ii) Workforce development councils;
     (iii) Public utility districts; and
     (iv) Community action agencies;
     (c) Support green economy projects at both the state and local level by developing a process and a framework to provide, at a minimum:
     (i) Administrative and technical assistance;
     (ii) Assistance with and expediting of permit processes; and
     (iii) Priority consideration of opportunities leading to exportable green economy goods and services, including renewable energy technology;
     (d) Coordinate local and state implementation of projects using federal funds to ensure implementation is time-efficient and user-friendly for local organizations;
     (e) Emphasize through both support and outreach efforts, projects that:
     (i) Have a strong and lasting economic or environmental impact;
     (ii) Lead to a domestically or internationally exportable good or service, including renewable energy technology;
     (iii) Create training programs leading to a credential, certificate, or degree in a green economy field;
     (iv) Strengthen the state's competitiveness in a particular sector or cluster of the green economy;
     (v) Create employment opportunities for veterans, members of the national guard, and low-income and disadvantaged populations;
     (vi) Comply with prevailing wage provisions of chapter 39.12 RCW;
     (vii) Ensure at least fifteen percent of labor hours are performed by apprentices;
     (f) 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;
     (g) Identify barriers to the growth of green jobs in traditional industries;
     (h) Identify statewide performance metrics for projects receiving agency assistance. Such metrics may include:
     (i) The number of new green jobs created each year, their wage levels, and, to the extent determinable, the percentage of new green jobs filled by veterans, members of the national guard, and low-income and disadvantaged populations;
     (ii) The total amount of new federal funding secured, the respective amounts allocated to the state and local levels, and the timeliness of deployment of new funding by state agencies to the local level;
     (iii) The timeliness of state deployment of funds and support to local organizations; and
     (iv) If available, the completion rates, time to completion, and training-related placement rates for green economy postsecondary training programs;
     (((h))) (i) Identify strategies to allocate existing and new funding streams for green economy workforce training programs and education to emphasize those leading to a credential, certificate, or degree in a green economy field;
     (((i))) (j) Identify and implement strategies to allocate existing and new funding streams for workforce development councils and associate development organizations to increase their effectiveness and efficiency and increase local capacity to respond rapidly and comprehensively to opportunities to attract green jobs to local communities;
     (((j))) (k) Develop targeting criteria for existing investments that are consistent with the economic development commission's economic development strategy and the goals of this section and RCW 28C.18.170, 28B.50.281, and 49.04.200; and
     (((k))) (l) Make and support outreach efforts so that residents of Washington, particularly members of target populations, become aware of educational and employment opportunities identified and funded through the evergreen jobs act.
     (2) The department and the workforce board, in consultation with the leadership team, must provide semiannual performance reports to the governor and appropriate committees of the legislature on:
     (a) Actual statewide performance based on the performance measures identified in subsection (1)(((g))) (h) of this section;
     (b) How the state is emphasizing and supporting projects that lead to a domestically or internationally exportable good or service, including renewable energy technology;
     (c) A list of projects supported, created, or funded in furtherance of the goals of the evergreen jobs initiative and the actions taken by state and local organizations, including the effectiveness of state agency support provided to local organizations as directed in subsection (1)(b) and (c) of this section;
     (d) Recommendations for new or expanded financial incentives and comprehensive strategies to:
     (i) Recruit, retain, and expand green economy industries and small businesses; and
     (ii) Stimulate research and development of green technology and innovation, which may include designating innovation partnership zones linked to the green economy;
     (e) Any information that associate development organizations and workforce development councils choose to provide to appropriate legislative committees regarding the effectiveness, timeliness, and coordination of support provided by state agencies under this section and RCW 28C.18.170, 28B.50.281, and 49.04.200; and
     (f) Any recommended statutory changes necessary to increase the effectiveness of the evergreen jobs initiative and state responsiveness to local agencies and organizations.
     (3) The definitions, designations, and results of the employment security department's broader labor market research under RCW 43.330.010 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.