BILL REQ. #:  H-3672.2 

Prefiled 12/07/09. Read first time 01/11/10.   Referred to Committee on Community & Economic Development & Trade.

     AN ACT Relating to the promotion of the industries that rely on the state's working land base; amending RCW 43.330.310, 43.330.370, and 28C.18.170, and 43.01.036; adding a new section to chapter 43.330 RCW; 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 green 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 creation of green jobs, and through the production of wood products and energy; a finding supported by the United States secretary of agriculture.
     (6) The legislature further finds that for these reasons, and more, jobs connected to the forest products industry should be endorsed by the state and federal government as green jobs, or jobs that benefit the local economy in an environmentally sustainable and beneficial manner, and the forest products industry should be endorsed as a green industry.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.330 RCW to read as follows:
     (1) The department shall consider during the implementing of this chapter, and other state agencies shall consider when relevant, the forest products industry to be a green industry and included in any category of industries identified by their positive contributions to the state's environmental protection, ecological enhancement, clean energy future, or carbon reduction strategies.
     (2) 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.

Sec. 3   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, and consistent with section 2 of this act, 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, consistent with section 2 of this act, 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.
     (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, section 2 of this act, 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. 4   RCW 43.330.370 and 2009 c 536 s 2 are each amended to read as follows:
     The Washington state evergreen jobs initiative is established as a comprehensive green economy jobs growth initiative with the goals of:
     (1) Creating fifteen thousand new green economy jobs by 2020, with a target of thirty percent of those jobs going to veterans, members of the national guard, and low-income and disadvantaged populations;
     (2) Capturing and deploying federal funds in a focused, effective, and coordinated manner;
     (3) Preparing the state's workforce to take full advantage of green economy job opportunities and to meet the recruitment and training needs of industry and small businesses;
     (4) Attracting private sector investment that will create new and expand existing jobs, with an emphasis on services and products that have a high economic or environmental impact and can be exported domestically and internationally;
     (5) Making Washington state a net exporter of green industry products and services, with special attention to renewable energy technology and components;
     (6) Empowering local agencies and organizations to recruit green economy businesses and jobs into the state by providing state support and assistance;
     (7) Capitalizing on existing partnership agreements in the Washington works plan and the Washington workforce compact; and
     (8) Operating in concert with section 2 of this act and the fourteen guiding principles identified by the department in its Washington state's green economy strategic framework.

Sec. 5   RCW 28C.18.170 and 2009 c 536 s 8 are each amended to read as follows:
     (1) The legislature directs the 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((, in consultation with the department and the leadership team)):
     (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) Recommend strategies to meet the recruitment and training needs of the industry and small businesses; and
     (c) Recommend strategies to leverage and align other public and private funding sources.
     (2) The board may prioritize workforce training programs that lead to a credential, certificate, or degree in green economy jobs. 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 may include but are not 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, government, and private industry to develop tailored, green job training programs; and (c) increased outreach efforts to target populations. Outreach efforts may be conducted in partnership with local workforce development councils.
     (3) The definitions in RCW 43.330.010, and the requirements of section 2 of this act, apply to this section.

Sec. 6   RCW 43.01.036 and 2009 c 518 s 24 are each amended to read as follows:
     (1)(a)(i) All reports required to be submitted to the legislature shall be provided only in an electronic format. Reports must be submitted electronically to the chief clerk of the house of representatives and the secretary of the senate. The chief clerk of the house of representatives and the secretary of the senate shall provide an online site for reports submitted to the legislature on the legislative internet home page. The reports shall be organized in such a way as to make the reports easy to find and accessible by legislators, staff, and the public.
     (((b))) (ii) Upon electronic submittal of the required report to the chief clerk of the house of representatives and the secretary of the senate, the agency shall send a letter, also by electronic means, to the appropriate legislative committee that the report has been filed. The letter may include a brief summary of the report. The public entity submitting the report may make hard copies available by request.
     (((2)(a))) (b)(i) All annual and biennial reports to the governor shall be provided only in an electronic format. The reports shall be organized in such a way as to make the reports easy to find and accessible by the public.
     (((b))) (ii) Upon electronic submittal of the required report to the governor's office, the agency shall send a letter, also by electronic means, that the report has been filed. The letter may include a brief summary of the report. The entity submitting the report may make hard copies available by request.
     (2)(a) All agency environmental or economic analyses and studies that result in a written report or other formal publication of findings must, when relevant and not specifically exempted by the authority requiring the analyses, consider the forest products industry to be a green industry and included in any category of industries identified by their positive contributions to the state's environmental protection, ecological enhancement, clean energy future, or carbon reduction strategies.
     (b) If an agency conducts relevant analyses or studies that exclude the forest products industry from an industrial category identified in this subsection, then any resulting report or other publication must include a section explaining the rationale for excluding the forest products industry from the agency categorization.
     (c) Agencies shall give broad interpretation to the term "forest products industry" when implementing this subsection and include, at a minimum, businesses that grow, manage, harvest, transport, and process forest, wood, and paper products.