BILL REQ. #:  S-0936.2 

READ FIRST TIME 01/28/11.   

     AN ACT Relating to establishing the Puget Sound corps while reforming the state's conservation corps programs; amending RCW 43.220.020, 43.220.060, 43.220.070, 43.220.170, 43.220.231, 43.220.250, 43.60A.152, and 79A.05.545; reenacting and amending RCW 43.220.040 and 77.85.130; adding new sections to chapter 43.220 RCW; adding a new section to chapter 43.30 RCW; adding a new section to chapter 77.12 RCW; creating new sections; and repealing RCW 43.220.010, 43.220.030, 43.220.080, 43.220.090, 43.220.120, 43.220.130, 43.220.160, 43.220.180, 43.220.190, and 43.220.210.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that the Washington conservation corps, the veterans conservation corps, and other state and nonprofit service corps contribute significantly to the priorities of state government to protect natural resources, including Puget Sound, while providing meaningful work experience for the state's youth, veterans, unemployed, and under-employed workforces.
     (2) The legislature further finds that the long-term health of the economy of Washington depends on the sustainable management of its natural resources and that the livelihoods and revenues produced by Washington's forests, agricultural lands, estuaries, waterways, and watersheds would be enhanced by targeted, streamlined, and prioritized investments in clean water and habitat restoration.
     (3) The legislature further finds that it is important to stretch limited public resources to advance the state's natural resource management priorities. Transformation of natural resource management and service delivery, including the creation of strategic partnerships among agencies and nongovernmental partners, will increase the efficiency and effectiveness of the expenditure of federal, state, and local funds for clean water and habitat rehabilitation projects.
     (4) The legislature further finds that there are efficiencies to be gained by streamlining how the various conservation corps are administered, managed, funded, and deployed by the natural resources agencies. There are further efficiencies to be gained through coordinating the conservation corps with other state service corps programs, recruitment activities, and through public-private partnerships.
     (5) The legislature further finds that the state should seek to expand the conservation corps in all areas of the state, deploying the corps to work on projects that advance established priorities including, but not limited to, the cleanup and rehabilitation of the Puget Sound ecosystem, oil spill response and cleanup, salmon recovery, and the reduction of wildfire and forest health hazards statewide.
     (6) Therefore, it is the intent of the legislature to maintain the conservation corps statewide, to collaborate with the veterans conservation corps, to establish the Puget Sound corps, to streamline how government administers and manages the state's conservation corps to more efficiently expend the state's resources toward priority outcomes, including the recovery of the Puget Sound ecosystem to health by 2020, to increase opportunities for meaningful work experience, and to authorize public-private partnerships as a key element of corps activities.

Sec. 2   RCW 43.220.020 and 1999 c 280 s 1 are each amended to read as follows:
     (1) The Washington conservation corps is ((hereby)) created((, to be implemented by)). The ((following state departments: The employment security department, the)) department of ecology((, the department of fish and wildlife, the department of natural resources, and the state parks and recreation commission)) must administer the corps as a partnership with the departments of natural resources and fish and wildlife, the state parks and recreation commission, and when appropriate, other agencies and nonprofit organizations to advance the program goals outlined in section 5 of this act.
     (2) The Puget Sound corps is created as a distinct program within the Washington conservation corps focused on the implementation of the specific program goals outlined in section 5 of this act.

NEW SECTION.  Sec. 3   It is the intent of this act to centralize the administration of the Washington conservation corps, which was previously administered by the departments of ecology, natural resources, and fish and wildlife and the state parks and recreation commission, into the department of ecology. This act is prospective only, and any grant awards or conservation corps crew or individual placements finalized by other agencies or partners prior to the effective date of this section remain unaffected by this act.

Sec. 4   RCW 43.220.040 and 1999 c 280 s 3 and 1999 c 151 s 1301 are each reenacted and amended to read as follows:
     ((Unless the context clearly requires otherwise,)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Public lands" means any lands or waters, or interests therein, owned or administered by any agency or instrumentality of the state, federal, or local government.
     (2) "Corps" means the Washington conservation corps, including the Puget Sound corps.
     (3) "Corps member" means an individual enrolled in the Washington conservation corps.
     (4) "Corps member leaders" or "specialists" means members of the corps who serve in leadership or training capacities or who provide specialized services other than or in addition to the types of work and services that are performed by the corps members in general.
     (5) "Crew supervisor" means temporary, project, or permanent state employees who supervise corps members and coordinate work project design and completion.
     (6) (("Distressed area" has the meaning as defined in RCW 43.168.020.)) "Department" means the department of ecology.
     (7) "Agency administrative costs" means indirect expenses such as personnel, payroll, contract administration, fiscal services, and other overhead costs.
     (8) "Program support costs" include, but are not limited to, program planning, development of reports, job and career training, uniforms and equipment, and standard office space and utilities. Program support costs do not include direct scheduling and supervision of corps members.

NEW SECTION.  Sec. 5   A new section is added to chapter 43.220 RCW to read as follows:
     (1) The corps shall be organized and managed to complete projects with fee-for-service work crews that meet goals associated with the protection, promotion, enhancement, or rehabilitation of the following:
     (a) Public lands;
     (b) State natural resources;
     (c) Water quality;
     (d) Watershed health;
     (e) Fish and wildlife;
     (f) Habitat;
     (g) Outdoor recreation;
     (h) Forest health;
     (i) Wildfire risk reduction; and
     (j) State historic sites.
     (2) In addition to the project goals outlined in subsection (1) of this section, the Puget Sound corps shall seek to deploy corps members with the specific goal of participating in the recovery of the Puget Sound ecosystem. The resources of the Puget Sound corps must be prioritized, when practicable, to focus on the following when located within the Puget Sound basin:
     (a) Projects identified in, or consistent with, the action agenda developed by the Puget Sound partnership in chapter 90.71 RCW;
     (b) Projects located on public lands;
     (c) Habitat enhancement and rehabilitation projects; and
     (d) Education and stewardship projects.
     (3) Both the corps and the Puget Sound corps shall give preference to projects that satisfy the goals identified in this section and that:
     (a) Will provide long-term benefits to the public;
     (b) Will provide productive training and work experiences to the corps members involved;
     (c) Expands or integrates training programs or career development opportunities for corps members;
     (d) May result in payments to the state for services performed; and
     (e) Can be promptly completed.

Sec. 6   RCW 43.220.060 and 1999 c 280 s 4 are each amended to read as follows:
     (1) ((Each state department identified in RCW 43.220.020)) The department shall have the following powers and duties ((to carry out its functions relative to)) as necessary to administer the Washington conservation corps:
     (a) Recruiting and employing staff, corps members, corps member leaders, and specialists consistent with RCW 43.220.070;
     (b) Serving as the corps' central application recipient for grants from federal service projects and service organizations;
     (c) Executing agreements for furnishing the services of the corps to carry out conservation corps programs to any federal, state, or local public agency, any local organization as specified in this chapter ((in concern)) that operates consistent with the overall objectives of the conservation corps;
     (((c))) (d) Recruiting and compensating veterans conservation corps members with at least five percent of new dedicated federal grants or funds utilized by any state agency to hire a fee-for-service conservation corps crew;
     (e) Applying for and accepting grants or contributions of funds from ((any private source)) the federal government, other public sources, or private funding sources for conservation corps projects and, when possible, other projects specifically targeted at Puget Sound recovery that can be accomplished with fee-for-service labor from the Puget Sound corps;
     (((d) Determining a preference for those projects which will provide long-term benefits to the public, will provide productive training and work experiences to the members involved, will be labor-intensive, may result in payments to the state for services performed, and can be promptly completed; and
     (e) Entering into agreements with community colleges within the state's community and technical college system and other educational institutions or independent nonprofit agencies to provide special education in basic skills, including reading, writing, and mathematics for those conservation corps members who may benefit by participation in such classes. Classes shall be scheduled after corps working hours. Participation by members is not mandatory but shall be strongly encouraged. The participation shall be a primary factor in determining whether the opportunity for corps membership beyond one year shall be offered. Instruction related to the specific role of the department in resource conservation shall also be offered, either in a classroom setting or as is otherwise appropriate)) (f) Establishing consistent work standards and placement and evaluation procedures of corps programs; and
     (g) Selecting, reviewing, approving, and evaluating the success of corps projects.
     (2) The department may partner with any other state agencies, local institutions, nonprofit organizations, or nonprofit service corps organizations in the administration of the corps. Other state agencies may maintain a conservation corps coordinator for the purposes of partnering with the department and the corps.
     (3) If deemed practicable, the department shall develop the conservation corps program with options for participants. The options could include a technical option for students and veterans interested in technical training, a science option for students and veterans interested in natural sciences training, or an emergency response option for participants providing wildland firefighting, flood fighting, oil spill response, or other natural or man-made disaster response statewide.
     (4) The assignment of corps members shall not result in the displacement of currently employed workers, including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits. ((Supervising)) Agencies that participate in the program may not terminate, lay-off, or reduce the working hours of any employee for the purpose of using a corps member with available funds. In circumstances where substantial efficiencies or a public purpose may result, ((supervising)) participating agencies may use corps members to carry out essential agency work or contractual functions without displacing current employees.
     (((3))) (5) Facilities, supplies, motor vehicles, instruments, and tools of ((the supervising agency)) participating agencies shall be made available for use by the conservation corps to the extent that such use does not conflict with the normal duties of the agency. The agency may purchase, rent, or otherwise acquire other necessary tools, facilities, supplies, and instruments.

Sec. 7   RCW 43.220.070 and 1999 c 280 s 5 are each amended to read as follows:
     (1) Conservation corps members shall be unemployed residents of the state between eighteen and twenty-five years of age at the time of enrollment who are citizens or lawful permanent residents of the United States. The age requirements may be waived for corps leaders and specialists with special leadership or occupational skills((; such members shall be given special responsibility for providing leadership, character development, and sense of community responsibility to the corps members, groups, and work crews to which they are assigned)). The upper age requirement may be waived for residents who have a sensory or mental handicap. Special effort shall be made to recruit minority and disadvantaged youth who meet selection criteria of the conservation corps. Preference shall be given to youths residing in areas, both urban and rural, in which there exists substantial unemployment exceeding the state average unemployment rate.
     (2) The legislature finds that people with developmental disabilities would benefit from experiencing a meaningful work experience, and learning the value of labor and of membership in a productive society.
     ((The legislature urges state agencies that are participating in the Washington conservation corps program to consider for enrollment in the program people who have developmental disabilities, as defined in RCW 71A.10.020.
     If an agency chooses to enroll people with developmental disabilities in its Washington conservation corps program, the agency may apply to))
     (3) The recruitment of conservation corps members is the primary responsibility of the department. However, to the degree practicable, recruitment activities must be coordinated with the following entities:
     (a) The department of natural resources;
     (b) The department of fish and wildlife;
     (c) The state parks and recreation commission;
     (d) The department of veterans affairs;
     (e) The employment security department; and
     (f) Any interested postsecondary educational institutions.
     (4) Recruitment efforts must be targeted to, but not limited to, unemployed or underemployed residents of the state who are:
     (a) Between the ages of eighteen and twenty-five years;
     (b) Fully matriculated students at a technical school, college, or university; or
     (c) Military veterans.
     (5) If people with developmental disabilities are enrolled in the conservation corps program, an application may be made to the United States department of labor, employment standards administration for a special subminimum wage certificate in order to be allowed to pay enrollees with developmental disabilities according to their individual levels of productivity.
     (((3))) (6) Corps members shall not be considered state employees. Other provisions of law relating to civil service, hours of work, rate of compensation, sick leave, unemployment compensation, state retirement plans, and vacation leave do not apply to the Washington conservation corps except for the crew supervisors, who shall be project employees, and the administrative and supervisory personnel.
     (((4) Enrollment shall be for a period of six months which may be extended for additional six-month periods by mutual agreement of the corps and the corps member, not to exceed two years. Corps members shall be reimbursed at the minimum wage rate established by state or federal law, whichever is higher, which may be increased by up to five percent for each additional six-month period worked: PROVIDED, That if agencies elect to run a residential program, the appropriate costs for room and board shall be deducted from the corps member's paycheck as provided in chapter 43.220 RCW.
     (5))) (7) Except as otherwise provided in this section, participation as a corps member is for an initial period of three months. The enrollment period may be extended for additional three-month periods by mutual agreement of the department and the corps member, not to exceed two years.
     (8)(a) Corps members are to be available at all times for emergency response services coordinated through the department ((of community, trade, and economic development)) or other public agency. Duties may include sandbagging and flood cleanup, oil spill response, wildfire suppression, search and rescue, and other functions in response to emergencies.
     (b) Corps members may be assigned to longer-term specialized crews not subject to the temporal limitations of service otherwise imposed by this section when longer-term commitments satisfy the specialized needs of the department, an agency partner, or other service contractee.

Sec. 8   RCW 43.220.170 and 1983 1st ex.s. c 40 s 17 are each amended to read as follows:
     The services of corps members ((placed with agencies listed in RCW 43.220.020)) are exempt from unemployment compensation coverage under RCW 50.44.040(((5))) (4) and the enrollees shall be so advised by the department.

Sec. 9   RCW 43.220.231 and 1999 c 280 s 7 are each amended to read as follows:
     (1) An amount not to exceed five percent of the funds available for the Washington conservation corps may be expended on agency administrative costs. ((Agency administrative costs are indirect expenses such as personnel, payroll, contract administration, fiscal services, and other overhead costs.))
     (2) An amount not to exceed twenty percent of the funds available for the Washington conservation corps may be expended for costs included in subsection (1) of this section and program support costs. ((Program support costs include, but are not limited to, program planning, development of reports, job and career training, uniforms and equipment, and standard office space and utilities. Program support costs do not include direct scheduling and supervision of corps members.))
     (3) A minimum of eighty percent of the funds available for the Washington conservation corps shall be expended for corps member salaries and benefits and for direct supervision of corps members.

Sec. 10   RCW 43.220.250 and 1985 c 230 s 5 are each amended to read as follows:
     A nonprofit corporation which contracts with ((an agency listed in RCW 43.220.020)) the department to provide a specific service, appropriate for the administration of this chapter which the ((agency)) department cannot otherwise provide, may be reimbursed at the discretion of the ((agency)) department for the reasonable costs the ((agency)) department would absorb for providing those services.

NEW SECTION.  Sec. 11   A new section is added to chapter 43.220 RCW to read as follows:
     (1) The director of the department of ecology and the commissioner of public lands shall jointly host an annual meeting with other corps program participants to serve as a forum for the partner agencies to provide guidance and feedback concerning the management and function of the corps.
     (2) At a minimum, representatives of the following must be invited to participate at the annual meeting: The department of fish and wildlife; the state parks and recreation commission; the Puget Sound partnership; the department of veterans affairs; the employment security department; the Washington commission for national and community service; conservation districts; the state conservation commission; the salmon recovery funding board; the recreation and conservation office; the department of commerce; the department of health; or any similar successor organizations and any appropriate nonprofit organizations, including those engaged in service corps projects.
     (3) Annual meeting participants shall, at a minimum:
     (a) Review the conservation corps projects completed in the previous year, including an analysis of successes and opportunities for improvement; and
     (b) Establish a work plan for the coming year, including the setting of annual priorities or criteria consistent with this chapter to guide crew development and the development of plans to pursue funding from various sources to expand the conservation corps.

NEW SECTION.  Sec. 12   A new section is added to chapter 43.30 RCW under the subchapter heading "Part 5 Powers and Duties--General" to read as follows:
     The department shall cooperate, when appropriate, as a partner in the Washington conservation corps established in chapter 43.220 RCW.

Sec. 13   RCW 43.60A.152 and 2007 c 451 s 5 are each amended to read as follows:
     (((1))) The department shall collaborate with the ((state agencies)) department of ecology and the department of natural resources and any of its partnering agencies in implementing the Washington conservation corps, created in chapter 43.220 RCW, to maximize the utilization of both conservation corps programs. These agencies shall work together to identify stewardship and maintenance projects on ((agency-managed)) public lands that are suitable for work by veterans conservation corps enrollees. The department may expend funds appropriated to the veterans conservation corps program to defray the costs of education, training, and certification associated with the enrollees participating in such projects.
     (((2) By September 30, 2007, the department, in conjunction with the state agencies identified in subsection (1) of this section, shall provide to the office of financial management and to the appropriate committees of the senate and house of representatives a report that:
     (a) Identifies projects on state agency-managed lands that are currently planned for veterans conservation corps enrollee participation;
     (b) Identifies additional projects on state agency-managed lands that are suitable for veterans conservation corps enrollee participation and for which funding is currently in place for such participation; and
     (c) Identifies additional projects on state agency-managed lands for which project implementation has been funded or is included in the agency's multibiennial stewardship plans, and that are suitable for veterans conservation corps enrollee participation in the event that additional funding is provided to the department for associated training, education, and certification.))

Sec. 14   RCW 79A.05.545 and 1999 c 249 s 701 are each amended to read as follows:
     The commission shall cooperate ((in implementing and operating the)), when appropriate, as a partner in the Washington conservation corps ((as required by)) established in chapter 43.220 RCW.

NEW SECTION.  Sec. 15   A new section is added to chapter 77.12 RCW to read as follows:
     The department shall cooperate, when appropriate, as a partner in the Washington conservation corps established in chapter 43.220 RCW.

Sec. 16   RCW 77.85.130 and 2007 c 341 s 36 and 2007 c 257 s 1 are each reenacted and amended to read as follows:
     (1) The salmon recovery funding board shall develop procedures and criteria for allocation of funds for salmon habitat projects and salmon recovery activities on a statewide basis to address the highest priorities for salmon habitat protection and restoration. To the extent practicable the board shall adopt an annual allocation of funding. The allocation should address both protection and restoration of habitat, and should recognize the varying needs in each area of the state on an equitable basis. The board has the discretion to partially fund, or to fund in phases, salmon habitat projects. The board may annually establish a maximum amount of funding available for any individual project, subject to available funding. No projects required solely as a mitigation or a condition of permitting are eligible for funding.
     (2)(a) In evaluating, ranking, and awarding funds for projects and activities the board shall give preference to projects that:
     (i) Are based upon the limiting factors analysis identified under RCW 77.85.060;
     (ii) Provide a greater benefit to salmon recovery based upon the stock status information contained in the department of fish and wildlife salmonid stock inventory (SASSI), the salmon and steelhead habitat inventory and assessment project (SSHIAP), and any comparable science-based assessment when available;
     (iii) Will benefit listed species and other fish species;
     (iv) Will preserve high quality salmonid habitat;
     (v) Are included in a regional or watershed-based salmon recovery plan that accords the project, action, or area a high priority for funding;
     (vi) Are, except as provided in RCW 77.85.240, sponsored by an entity that is a Puget Sound partner, as defined in RCW 90.71.010; and
     (vii) Are projects referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310.
     (b) In evaluating, ranking, and awarding funds for projects and activities the board shall also give consideration to projects that:
     (i) Are the most cost-effective;
     (ii) Have the greatest matched or in-kind funding;
     (iii) Will be implemented by a sponsor with a successful record of project implementation;
     (iv) Involve members of the Washington conservation corps established in chapter 43.220 RCW or the veterans conservation corps established in RCW 43.60A.150; and
     (v) Are part of a regionwide list developed by lead entities.
     (3) The board may reject, but not add, projects from a habitat project list submitted by a lead entity for funding.
     (4) The board shall establish criteria for determining when block grants may be made to a lead entity. The board may provide block grants to the lead entity to implement habitat project lists developed under RCW 77.85.050, subject to available funding. The board shall determine an equitable minimum amount of project funds for each recovery region, and shall distribute the remainder of funds on a competitive basis. The board may also provide block grants to the lead entity or regional recovery organization to assist in carrying out functions described under this chapter. Block grants must be expended consistent with the priorities established for the board in subsection (2) of this section. Lead entities or regional recovery organizations receiving block grants under this subsection shall provide an annual report to the board summarizing how funds were expended for activities consistent with this chapter, including the types of projects funded, project outcomes, monitoring results, and administrative costs.
     (5) The board may waive or modify portions of the allocation procedures and standards adopted under this section in the award of grants or loans to conform to legislative appropriations directing an alternative award procedure or when the funds to be awarded are from federal or other sources requiring other allocation procedures or standards as a condition of the board's receipt of the funds. The board shall develop an integrated process to manage the allocation of funding from federal and state sources to minimize delays in the award of funding while recognizing the differences in state and legislative appropriation timing.
     (6) The board may award a grant or loan for a salmon recovery project on private or public land when the landowner has a legal obligation under local, state, or federal law to perform the project, when expedited action provides a clear benefit to salmon recovery, and there will be harm to salmon recovery if the project is delayed. For purposes of this subsection, a legal obligation does not include a project required solely as a mitigation or a condition of permitting.
     (7) Property acquired or improved by a project sponsor may be conveyed to a federal agency if: (a) The agency agrees to comply with all terms of the grant or loan to which the project sponsor was obligated; or (b) the board approves: (i) Changes in the terms of the grant or loan, and the revision or removal of binding deed of right instruments; and (ii) a memorandum of understanding or similar document ensuring that the facility or property will retain, to the extent feasible, adequate habitat protections; and (c) the appropriate legislative authority of the county or city with jurisdiction over the project area approves the transfer and provides notification to the board.
     (8) Any project sponsor receiving funding from the salmon recovery funding board that is not subject to disclosure under chapter 42.56 RCW must, as a mandatory contractual prerequisite to receiving the funding, agree to disclose any information in regards to the expenditure of that funding as if the project sponsor was subject to the requirements of chapter 42.56 RCW.
     (9) After January 1, 2010, any project designed to address the restoration of Puget Sound may be funded under this chapter only if the project is not in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.

NEW SECTION.  Sec. 17   The following acts or parts of acts are each repealed:
     (1) RCW 43.220.010 (Legislative declaration) and 1983 1st ex.s. c 40 s 2;
     (2) RCW 43.220.030 (Program goals) and 1999 c 280 s 2, 1987 c 367 s 1, & 1983 1st ex.s. c 40 s 3;
     (3) RCW 43.220.080 (Selection of corps members -- Development of corps program) and 1983 1st ex.s. c 40 s 8;
     (4) RCW 43.220.090 (Conservation corps established in department of ecology -- Work project areas) and 1994 c 264 s 33 & 1983 1st ex.s. c 40 s 9;
     (5) RCW 43.220.120 (Conservation corps established in department of fish and wildlife -- Work project areas) and 1999 c 280 s 6, 1994 c 264 s 34, 1988 c 36 s 24, & 1983 1st ex.s. c 40 s 12;
     (6) RCW 43.220.130 (Conservation corps established in department of natural resources -- Work project areas) and 1983 1st ex.s. c 40 s 13;
     (7) RCW 43.220.160 (Conservation corps established in state parks and recreation commission -- Work project areas) and 1999 c 249 s 702 & 1983 1st ex.s. c 40 s 16;
     (8) RCW 43.220.180 (Identification of historic properties and sites in need of rehabilitation or renovation -- Use of corps members) and 1983 1st ex.s. c 40 s 18;
     (9) RCW 43.220.190 (Duties of agencies) and 1999 c 151 s 1302, 1987 c 367 s 3, & 1983 1st ex.s. c 40 s 20; and
     (10) RCW 43.220.210 (Selection, review, approval, and evaluation of projects -- Recruitment, job training and placement services) and 1999 c 151 s 1303, 1987 c 367 s 4, & 1985 c 230 s 1.