BILL REQ. #:  H-1256.1 

READ FIRST TIME 02/18/13.   

     AN ACT Relating to higher education governance; amending RCW 28A.150.510, 28B.10.630, 28B.50.903, 28B.67.010, 28B.76.335, 28B.76.340, 28B.76.670, 28B.77.003, 28B.77.010, 28B.77.020, 28B.77.070, 28B.105.020, 28B.105.030, 28B.115.100, 28B.115.150, 28B.117.020, 28B.117.030, 28B.118.040, 28B.145.010, 28B.145.030, 28B.145.050, 28B.145.060, and 28B.145.070; reenacting and amending RCW 28B.15.068, 28B.118.010, 43.88.230, and 44.04.260; reenacting RCW 43.330.310; adding new sections to chapter 28B.77 RCW; recodifying RCW 28B.76.335 and 28B.76.340; repealing RCW 44.04.360, 44.04.362, and 44.04.364; and providing an expiration date.

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

Sec. 1   RCW 28A.150.510 and 2012 c 163 s 9 are each amended to read as follows:
     (1) In order to effectively serve students who are dependent pursuant to chapter 13.34 RCW, education records shall be transmitted to the department of social and health services within two school days after receiving the request from the department provided that the department certifies that it will not disclose to any other party the education records without prior written consent of the parent or student unless authorized to disclose the records under state law. The department of social and health services is authorized to disclose education records it obtains pursuant to this section to a foster parent, guardian, or other entity authorized by the department to provide residential care to the student. The department is also authorized to disclose educational records it obtains pursuant to this section to those entities with which it has contracted, or with which it is formally collaborating, having responsibility for educational support services and educational outcomes of students who are dependent pursuant to chapter 13.34 RCW. The department is encouraged to put in place data-sharing agreements to assure accountability.
     (2)(a) The K-12 data governance group established under RCW 28A.300.507 shall create a comprehensive needs requirement document detailing the specific information, technical capacity, and any federal and state statutory and regulatory changes needed by school districts, the office of the superintendent of public instruction, the department of social and health services, or the ((higher education coordinating board or its successor)) student achievement council, to enable the provision, on at least a quarterly basis, of:
     (i) Current education records of students who are dependent pursuant to chapter 13.34 RCW to the department of social and health services and, from the department, to those entities with which the department has contracted, or with which it is formally collaborating, having responsibility for educational support services and educational outcomes; and
     (ii) The names and contact information of students who are dependent pursuant to chapter 13.34 RCW and are thirteen years or older to the ((higher education coordinating board or its successor)) student achievement council and the private agency with which it has contracted to perform outreach for the passport to college promise program under chapter 28B.117 RCW or the college bound scholarship program under chapter 28B.118 RCW.
     (b) In complying with (a) of this subsection, the K-12 data governance group shall consult with: Educational support service organizations, with which the department of social and health services contracts or collaborates, having responsibility for educational support services and educational outcomes of dependent students; the passport to college advisory committee; the education support service organizations under contract to perform outreach for the passport to college promise program under chapter 28B.117 RCW; the department of social and health services; the office of the attorney general; the ((higher education coordinating board or its successor)) student achievement council; and the office of the administrator for the courts.
     (c) By December 1, 2012, the superintendent of public instruction shall submit a report to the governor and the appropriate committees of the legislature regarding: The analysis of needs by the K-12 data governance group; a timeline for addressing those needs for which no statutory changes are necessary and that can be implemented within existing resources; and recommended options for addressing identified needs for which statutory changes, additional funding, or both, are necessary.

Sec. 2   RCW 28B.10.630 and 2010 1st sp.s. c 14 s 1 are each amended to read as follows:
     (1) It is the intent of the legislature that state universities engage in the commercialization of research and other economic development and workforce development activities that benefit the intermediate and long-term economic vitality of Washington. State universities are expected to develop and strengthen university-industry relationships through the conduct of research, the support of company formation and job generation, and collaborative training. The state universities, using a collaborative process that may include both in-house resources and independent contractors with necessary technical expertise or innovative processes, must perform one or more of the following functions:
     (a) Provide collaborative research and technology transfer opportunities;
     (b) Publicize their commercialization processes and include an explanation of how to access commercialization resources at the universities;
     (c) Develop mechanisms for pairing researchers, entrepreneurs, and investors. Such mechanisms are to include, but are not limited to, developing guides, web sites, or workshops on funding opportunities, on entrepreneurship and the process of starting a company, and on university-industry relations;
     (d) Host events to connect researchers to entrepreneurs, investors, and individuals from the state's technology-based industries; and
     (e) Provide opportunities for training undergraduate and graduate students through direct involvement in research and industry interactions.
     (2) In carrying out the functions in this section, the universities may work with and through the ((higher education coordinating board)) student achievement council.

Sec. 3   RCW 28B.15.068 and 2012 c 229 s 524 are each reenacted and amended to read as follows:
     (1) In order to facilitate the full implementation of chapter 10, Laws of 2011 1st sp. sess. for the 2011-12 through 2018-19 academic years ((and thereafter)), the institutions of higher education are authorized to adopt tuition levels that are less than, equal to, or greater than the tuition levels assumed in the omnibus appropriations act, subject to the conditions and limitations in this chapter and the omnibus appropriations act.
     (2) By September 1st of each year beginning in 2011, the office of financial management shall report to the governor, the student achievement council, and appropriate committees of the legislature with updated estimates of:
     (a) The total per-student funding level that represents the sixtieth percentile of funding for similar institutions of higher education in the global challenge states; and
     (b) The tuition that represents the sixtieth percentile of resident undergraduate tuition for similar institutions of higher education in the global challenge states.
     (3) As used in this section, "global challenge states" are the top performing states on the new economy index published by the progressive policy institute as of July 22, 2007. The new economy index ranks states on indicators of their potential to compete in the new economy. At least once every five years, the office of financial management shall determine if changes to the list of global challenge states are appropriate. The office of financial management shall report its findings to the governor and the legislature.
     (4) Institutions of higher education, in collaboration with relevant student associations, shall aim to have all students who can benefit from available tax credits that mitigate the costs of higher education take advantage of these opportunities. These tax credits include the American opportunity tax credit provided in the American recovery and reinvestment act of 2009, the lifetime learning credit, and other relevant tax credits for as long as they are available.
     (5)(a) Institutions shall make every effort to communicate to students and their families the benefits of such tax credits and provide assistance to students and their families on how to apply.
     (b) Information about relevant tax credits shall, to the greatest extent possible, be incorporated into financial aid counseling, admission information, and individual billing statements.
     (c) Institutions shall, to the greatest extent possible, use all means of communication, including but not limited to web sites, online catalogues, admission and registration forms, mass email messaging, social media, and outside marketing to ensure information about relevant tax credits is visible and compelling, and reaches the maximum amount of student and families that can benefit.
     (6) In the event that the economic value of the American opportunity tax credit is reduced or expires at any time before December 31, 2012, institutions of higher education shall:
     (a) Develop an updated tuition mitigation plan established under RCW 28B.15.102 for the purpose of minimizing, to the greatest extent possible, the increase in net cost of tuition or total cost of attendance for students resulting from any such change. This plan shall include the methods specified by the four-year institution of higher education to avoid adding additional loan debt burdens to students regardless of the source of such loans;
     (b) Report to the governor and the relevant committees of the legislature on their plans to adjust their tuition mitigation plans no later than ninety days after any such change to the American opportunity tax credit.

Sec. 4   RCW 28B.50.903 and 2012 c 50 s 2 are each amended to read as follows:
     (1) The state board for community and technical colleges, in collaboration with aerospace or advanced materials long-term training providers, short-term training providers whose mission is focused on customized and innovative short-term training, and apprenticeship program providers, shall facilitate coordination and alignment of aerospace training programs to the maximum extent possible. This coordination and alignment shall include but not be limited to the following activities:
     (a) Providing up-to-date information about the aerospace and advanced materials manufacturing training programs in the state;
     (b) Providing information about grants and partnership opportunities;
     (c) Providing coordination for professional development for faculty and other education and training providers;
     (d) Evaluating programs identified by the aerospace and advanced materials manufacturing pipeline advisory committee annually for completion and job placement results; and
     (e) Making budget recommendations to the governor and the legislature specific to the aerospace and advanced materials manufacturing training programs.
     (2) The state board for community and technical colleges shall establish an aerospace and advanced materials manufacturing pipeline advisory committee consisting of not less than eleven nor more than fifteen members. A majority of members shall represent industry with the chair selected by the committee from among the industry members. Members of the advisory committee shall also include at least two persons representing labor who represent aerospace or advanced materials production workers and also include education and training providers including, but not limited to, the director of a long-term training program, the director of a short-term training program whose mission is to focus on customized and innovative short-term training, and the director of an apprenticeship program. The advisory committee's duties include but are not limited to:
     (a) Providing direction for a skills gap analysis that is: (i) Produced with the workforce training and education coordinating board using data developed through the education data center; and (ii) consistent with the joint assessment by the ((higher education coordinating board or its successor)) student achievement council, the state board for community and technical colleges, and the workforce training and education coordinating board of the number and type of higher education and training credentials required to match employer demand for a skilled and educated workforce;
     (b) Establishing goals for students served, program completion rates, and employment rates;
     (c) Coordinating and disseminating industry advice for aerospace and advanced materials manufacturing training programs; and
     (d) Recommending training programs for review by the workforce training and education coordinating board in coordination with the state board for community and technical colleges.
     (3) All requirements in this section are subject to the availability of amounts appropriated for the specific purposes described.

Sec. 5   RCW 28B.67.010 and 2006 c 112 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Board" means the state board for community and technical colleges.
     (2) "Costs of training" and "training costs" means the direct costs experienced under a contract with a qualified training institution for formal technical or skill training, including basic skills. "Costs of training" includes amounts in the contract for costs of instruction, materials, equipment, rental of class space, marketing, and overhead. "Costs of training" does not include employee tuition reimbursements unless the tuition reimbursement is specifically included in a contract.
     (3) "Participant" means a private employer that, under this chapter, undertakes a training program with a qualified training institution.
     (4) "Qualified training institution" means a public community or technical college or a private vocational school licensed by either the workforce training and education coordinating board or the ((higher education coordinating board)) student achievement council.
     (5) "Training allowance" and "allowance" means a voucher, credit, or payment from the board to a participant to cover training costs.
     (6) "Training program" means a program funded under this chapter at a qualified training institution.

Sec. 6   RCW 28B.76.335 and 2010 c 235 s 507 are each amended to read as follows:
     As part of the state needs assessment process conducted by the ((board)) council in accordance with RCW ((28B.76.230)) 28B.77.080, the ((board)) council shall, in collaboration with the professional educator standards board, assess the need for additional degree and certificate programs in Washington that specialize in teacher preparation to meet regional or subject area shortages. If the ((board)) council determines that there is a need for additional programs, then the ((board)) council shall encourage the appropriate institutions of higher education or institutional sectors to create such a program.

Sec. 7   RCW 28B.76.340 and 2010 c 235 s 508 are each amended to read as follows:
     (1) The ((board)) council must establish boundaries for service regions for institutions of higher education as defined in RCW 28B.10.016 implementing professional educator standards board-approved educator preparation programs. Regions shall be established to encourage and support, not exclude, the reach of public institutions of higher education across the state.
     (2) Based on the data in the assessment in RCW ((28B.76.230)) 28B.77.080 and 28B.76.335 (as recodified by this act), the ((board)) council shall determine whether reasonable teacher preparation program access for prospective teachers is available in each region. If access is determined to be inadequate in a region, the institution of higher education responsible for the region shall submit a plan for meeting the access need to the ((board)) council.
     (3) Partnerships with other teacher preparation program providers and the use of appropriate technology shall be considered. The ((board)) council shall review the plan and, as appropriate, assist the institution in developing support and resources for implementing the plan.

Sec. 8   RCW 28B.76.670 and 2011 1st sp.s. c 11 s 124 are each amended to read as follows:
     (1) Recipients of the Washington award for vocational excellence under RCW 28C.04.520 through 28C.04.550, who receive the award after June 30, 1994, may receive a grant, if funds are available. The grant shall be used to attend a postsecondary institution located in the state of Washington. Recipients may attend an institution of higher education as defined in RCW 28B.10.016, or an independent college or university, or a licensed private vocational school. The office shall distribute grants to eligible students under this section from moneys appropriated for this purpose. The individual grants shall not exceed, on a yearly basis, the yearly, full-time, resident, undergraduate tuition and service and activities fees in effect at the state-funded research universities. In consultation with the workforce training and education coordinating board, the office shall establish procedures, by rule, to disburse the awards as direct grants to the students.
     (2) To qualify for the grant, recipients shall enter the postsecondary institution within three years of high school graduation and maintain a minimum grade point average at the institution equivalent to 3.00, or, at a technical college, an above average rating. Students shall be eligible to receive a maximum of two years of grants for undergraduate study and may transfer among in-state eligible postsecondary institutions during that period and continue to receive the grant.
     (3) No grant may be awarded to any student who is pursuing a degree in theology.
     (4) As used in this section, "independent college or university" means a private, nonprofit educational institution, the main campus of which is permanently situated in the state, open to residents of the state, providing programs of education beyond the high school level leading at least to the baccalaureate degree, and accredited by the Northwest association of schools and colleges as of June 9, 1988, and other institutions as may be developed that are approved by the ((higher education coordinating board)) student achievement council as meeting equivalent standards as those institutions accredited under this section.
     (5) As used in this section, "licensed private vocational school" means a private postsecondary institution, located in the state, licensed by the workforce training and education coordinating board under chapter 28C.10 RCW, and offering postsecondary education in order to prepare persons for a vocation or profession, as defined in RCW 28C.10.020(7).

Sec. 9   RCW 28B.77.003 and 2012 c 229 s 103 are each amended to read as follows:
     (1) Guided by the state's overarching objective of substantially increasing educational attainment for the purposes outlined in RCW 28B.77.001, the council's ((has a dual)) mission is:
     (a) To propose to the governor and the legislature goals for increasing educational attainment in Washington, recommend the resources necessary to achieve the goals, and monitor progress toward meeting the goals;
     (b) To propose to the governor, the legislature, and the state's educational institutions, improvements and innovations needed to continually adapt the state's educational institutions to evolving educational attainment needs; and
     (c) To advocate for higher education through various means, with the goal of educating the general public on the economic, social, and civic benefits of postsecondary education, and the consequent need for increased financial support and civic commitment in the state.
     (2) In the pursuit of the missions the council links the work of educational programs, schools, and institutions from secondary through postsecondary education and training and through careers. The council must connect the work of the superintendent of public instruction, the state board of education, the professional educator standards board, the state board for community and technical colleges, the workforce training and education coordinating board, and the four-year institutions of higher education, as well as the independent schools and colleges.
     (3) Drawing on the staff expertise of the council and other state, national, and international analysis and research assets, the council must also take a leading role in facilitating educational attainment analysis and research leading to increased educational attainment and education system development.

Sec. 10   RCW 28B.77.010 and 2012 c 229 s 102 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) (("Committee" means the joint higher education committee.
     (2))) "Council" means the student achievement council.
     (((3))) (2) "Education data center" means the education data center established in the office of financial management as provided under RCW 43.41.400.
     (((4))) (3) "Four-year institutions of higher education" means the University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, and The Evergreen State College.
     (((5))) (4) "Major expansion" means expansion of the higher education system that requires significant new capital investment, including building new institutions, campuses, branches, or centers or conversion of existing campuses, branches, or centers that would result in a mission change.
     (((6))) (5) "Mission change" means a change in the level of degree awarded or institutional type not currently authorized in statute.
     (((7))) (6) "Office" means the office of student financial assistance created in RCW 28B.76.090.

Sec. 11   RCW 28B.77.020 and 2012 c 229 s 104 are each amended to read as follows:
     (1) Aligned with the state's biennial budget and policy cycles, the council shall propose educational attainment goals and priorities to meet the state's evolving needs. The council shall identify strategies for meeting the goals and priorities by means of a short-term strategic action plan and a ten-year plan that serves as a roadmap.
     (a) The goals must address the needs of Washington residents to reach higher levels of educational attainment and Washington's workforce needs for certificates and degrees in particular fields of study.
     (b) The council shall identify the resources it deems appropriate to meet statewide goals and also recognize current state economic conditions and state resources.     
     (c) In proposing goals, the council shall collaborate with the superintendent of public instruction, the professional educator standards board, the state board of education, the state board for community and technical colleges, the four-year institutions of higher education, independent colleges and degree-granting institutions, certificate-granting institutions, and the workforce training and education coordinating board.
     (2) The council shall update the strategic action plan every two years with the first strategic action plan to be submitted to the governor and the legislature by December 1, 2012. The ten-year roadmap must be updated every two years with the first roadmap to be submitted to the governor and the legislature by December 1, 2013. ((The council must provide regular updates to the joint higher education committee created in RCW 44.04.360 as needed.))
     (3) In order to develop the ten-year roadmap, the council shall conduct strategic planning in collaboration with agencies and stakeholders and include input from the legislature. The roadmap must encompass all sectors of higher education, including secondary to postsecondary transitions. The roadmap must outline strategies that address:
     (a) Strategic planning, which includes setting benchmarks and goals for long-term degree production generally and in particular fields of study;
     (b) Expanding access, affordability, quality, efficiency, and accountability among the various institutions of higher education;
     (c) Higher education finance planning and strategic investments including budget recommendations necessary to meet statewide goals;
     (d) System design and coordination;
     (e) Improving student transitions;
     (f) Higher education data and analysis, in collaboration with the education data center, which includes outcomes for recruitment, retention, and success of students;
     (g) College and career access preparedness, in collaboration with the office of the superintendent of public instruction and the state board of education;
     (h) Expanding participation and success for racial and ethnic minorities in higher education;
     (i) Development and expansion of innovations in higher education including innovations to increase attainment of postsecondary certificates, and associate, baccalaureate, graduate, and professional degrees; and innovations to improve precollege education in terms of cost-effectiveness and transitions to college-level education; and
     (j) Relevant policy research.     
     (4) As needed, the council must conduct system reviews consistent with RCW 28B.77.080.
     (5) The council shall facilitate the development and expansion of innovative practices within, between, and among the sectors to increase educational attainment and assess the effectiveness of the innovations.
     (6) The council shall use the data and analysis produced by, and in consultation with, the education data center created in RCW 43.41.400 in developing policy recommendations and proposing goals. In conducting research and analysis the council at a minimum must:
     (a) Identify barriers to increasing educational attainment, evaluate effectiveness of various educational models, identify best practices, and recommend methods to overcome barriers;
     (b) Analyze data from multiple sources including data from academic research and from areas and agencies outside of education including but not limited to data from the department of health, the department of corrections, and the department of social and health services to determine best practices to remove barriers and to improve educational attainment;
     (c) Assess educational achievement disaggregated by income level, age, gender, race and ethnicity, country of origin, and other relevant demographic groups working with data from the education data center;
     (d) Track progress toward meeting the state's goals;
     (e) Communicate results and provide access to data analysis to policymakers, the superintendent of public instruction, institutions of higher education, students, and the public; and
     (f) Use data from the education data center wherever appropriate to conduct duties in (a) through (e) of this subsection.
     (7) The council shall collaborate with the appropriate state agencies and stakeholders, including the state board of education, the office of the superintendent of public instruction, the state board for community and technical colleges, the workforce training and education coordinating board, and the four-year institutions of higher education to improve student transitions and success including but not limited to:
     (a) Setting minimum college admission standards for four-year institutions of higher education, including a requirement that coursework in American sign language or an American Indian language satisfies any requirement for instruction in a language other than English that the council or the institutions may establish as a general undergraduate admissions requirement;
     (b) Proposing comprehensive policies and programs to encourage students to prepare for, understand how to access, and pursue postsecondary college and career programs, including specific policies and programs for students with disabilities;
     (c) Recommending policies that require coordination between or among sectors such as dual high school-college programs, awarding college credit for advanced high school work, and transfer between two and four-year institutions of higher education or between different four-year institutions of higher education; and
     (d) Identifying transitions issues and solutions for students, from high school to postsecondary education including community and technical colleges, four-year institutions of higher education, apprenticeships, training, or workplace education; between two-year and four-year institutions of higher education; and from postsecondary education to career. In addressing these issues the council must recognize that these transitions may occur multiple times as students continue their education.
     (8) The council directs the work of the office, which includes administration of student financial aid programs under RCW 28B.76.090, including the state need grant and other scholarships, the Washington advanced college tuition payment program, and work-study programs.
     (9) The council may administer state and federal grants and programs including but not limited to those programs that provide incentives for improvements related to increased access and success in postsecondary education.
     (10) The council shall protect higher education consumers including:
     (a) Approving degree-granting postsecondary institutions consistent with existing statutory criteria;
     (b) Establishing minimum criteria to assess whether students who attend proprietary institutions of higher education shall be eligible for the state need grant and other forms of state financial aid.
     (i) The criteria shall include retention rates, completion rates, loan default rates, and annual tuition increases, among other criteria for students who receive state need grant as in chapter 28B.92 RCW and any other state financial aid.
     (ii) The council may remove proprietary institutions of higher education from eligibility for the state need grant or other form of state financial aid if it finds that the institution or college does not meet minimum criteria.
     (iii) The council shall report by December 1, 2014, to the ((joint)) higher education committees ((in RCW 44.04.360)) of the legislature on the outcomes of students receiving state need grants, impacts on meeting the state's higher education goals for educational attainment, and options for prioritization of the state need grant and possible consequences of implementing each option. When examining options for prioritizing the state need grant the council shall consider awarding grants based on need rather than date of application and making awards based on other criteria selected by the council.
     (11) The council shall adopt residency requirements by rule.
     (12) The council shall arbitrate disputes between and among four-year institutions of higher education and the state board for community and technical colleges at the request of one or more of the institutions involved, or at the request of the governor, or from a resolution adopted by the legislature. The decision of the council shall be binding on the participants in the dispute.
     (13) The council may solicit, accept, receive, and administer federal funds or private funds, in trust, or otherwise, and contract with foundations or with for-profit or nonprofit organizations to support the purposes and functions of the council.
     (14) The council shall represent the broad public interest above the interests of the individual institutions of higher education.

Sec. 12   RCW 28B.77.070 and 2012 c 229 s 110 are each amended to read as follows:
     (1) The council shall identify budget priorities and levels of funding for higher education, including the two and four-year institutions of higher education and state financial aid programs. It is the intent of the legislature for the council to make budget recommendations for allocations for major policy changes in accordance with priorities set forth in the ten-year plan, but the legislature does not intend for the council to review and make recommendations on individual institutional budgets. It is the intent of the legislature that recommendations from the council prioritize funding needs for the overall system of higher education in accordance with priorities set forth in the ten-year plan. It is also the intent of the legislature that the council's recommendations take into consideration the total per-student funding at similar public institutions of higher education in the global challenge states.
     (2) By December of each odd-numbered year, the council shall outline the council's fiscal priorities under the ten-year plan that it must distribute to the institutions, the state board for community and technical colleges, the office of financial management, and the ((joint)) higher education and fiscal committees of the legislature.
     (a) Capital budget outlines for the two-year institutions shall be submitted to the office of financial management by August 15th of each even-numbered year, and shall include the prioritized ranking of the capital projects being requested, a description of each capital project, and the amount and fund source being requested.
     (b) Capital budget outlines for the four-year institutions must be submitted to the office of financial management by August 15th of each even-numbered year, and must include: The institutions' priority ranking of the project; the capital budget category within which the project will be submitted to the office of financial management in accordance with RCW 43.88D.010; a description of each capital project; and the amount and fund source being requested.
     (c) The office of financial management shall reference these reporting requirements in its budget instructions.
     (3) The council shall submit recommendations on the operating budget priorities to support the ten-year plan to the office of financial management by October 1st each year, and to the legislature by January 1st each year.
     (4)(a) The office of financial management shall develop one prioritized list of capital projects for the legislature to consider that includes all of the projects requested by the four-year institutions of higher education that were scored by the office of financial management pursuant to chapter 43.88D RCW, including projects that were previously scored but not funded. The prioritized list of capital projects shall be based on the following priorities in the following order:
     (i) Office of financial management scores pursuant to chapter 43.88D RCW;
     (ii) Preserving assets;
     (iii) Degree production; and
     (iv) Maximizing efficient use of instructional space.
     (b) The office of financial management shall include all of the capital projects requested by the four-year institutions of higher education, except for the minor works projects, in the prioritized list of capital projects provided to the legislature.
     (c) The form of the prioritized list for capital projects requested by the four-year institutions of higher education shall be provided as one list, ranked in priority order with the highest priority project ranked number "1" through the lowest priority project numbered last. The ranking for the prioritized list of capital projects may not:
     (i) Include subpriorities;
     (ii) Be organized by category;
     (iii) Assume any state bond or building account biennial funding level to prioritize the list; or
     (iv) Assume any specific share of projects by institution in the priority list.
     (5) Institutions and the state board for community and technical colleges shall submit any supplemental capital budget requests and revisions to the office of financial management by November 1st and to the legislature by January 1st.

Sec. 13   RCW 28B.105.020 and 2011 1st sp.s. c 11 s 183 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "GET units" means tuition units under the advanced college tuition payment program in chapter 28B.95 RCW.
     (2) "Institution of higher education" has the same meaning as in RCW 28B.92.030.
     (3) "Office" means the office of student financial assistance.
     (4) "Program administrator" means the private nonprofit corporation that is registered under Title 24 RCW and qualified as a tax-exempt entity under section 501(c)(3) of the federal internal revenue code, that will serve as the private partner in the public-private partnership under this chapter.
     (5) "Qualified program" or "qualified major" means a mathematics, science, or related degree program or major line of study offered by an institution of higher education that is included on the list of programs or majors selected by the ((board)) student achievement council and the program administrator under RCW 28B.105.100.

Sec. 14   RCW 28B.105.030 and 2007 c 214 s 3 are each amended to read as follows:
     (1) An eligible student is a student who:
     (a) Is eligible for resident tuition and fee rates as defined in RCW 28B.15.012;
     (b) Achieved level four on the mathematics or science portion of the tenth grade ((Washington)) statewide student assessment ((of student learning)) or achieved a score in the math section of the SAT or the math section of the ACT that is above the ninety-fifth percentile;
     (c) Has a family income at or below one hundred twenty-five percent of the state median family income at the time the student applies for a GET ready for math and science scholarship and for up to the two previous years;
     (d) Has declared an intention to complete a qualified program or qualified major or has entered a qualified program or declared a qualified major at an institution of higher education;
     (e) Has declared an intention to work in a mathematics, science, or related field in Washington for at least three years immediately following completion of a bachelor's degree or higher degree.
     (2) An eligible recipient is an eligible student who:
     (a) Has been awarded a scholarship in accordance with the selection criteria and process established by the ((board)) student achievement council and the program administrator;
     (b) Enrolls at an institution of higher education within one year of graduating from high school;
     (c) Maintains satisfactory academic progress, as defined by the institution of higher education where the student is enrolled;
     (d) Takes at least one college-level mathematics or science course each term since enrolling in an institution of higher education; and
     (e) Enters a qualified program or qualified major no later than the end of the first term in which the student has junior level standing.

Sec. 15   RCW 28B.115.100 and 1991 c 332 s 23 are each amended to read as follows:
     In providing health care services the participant shall not discriminate against a person on the basis of the person's ability to pay for such services or because payment for the health care services provided to such persons will be made under the insurance program established under part A or B of Title XVIII of the federal social security act or under a state plan for medical assistance including Title XIX of the federal social security act or under the state medical assistance program authorized by chapter 74.09 RCW and agrees to accept assignment under section 18.42(b)(3)(B)(ii) of the federal social security act for all services for which payment may be made under part B of Title XVIII of the federal social security act and enters into an appropriate agreement with the department of social and health services for medical assistance under Title XIX of the federal social security act to provide services to individuals entitled to medical assistance under the plan and enters into appropriate agreements with the department of social and health services for medical care services under chapter 74.09 RCW. Participants found by the ((board)) student achievement council or the department in violation of this section shall be declared ineligible for receiving assistance under the program authorized by this chapter.

Sec. 16   RCW 28B.115.150 and 2011 c 150 s 2 are each amended to read as follows:
     Any osteopathic or allopathic medical school receiving state funds or authorized by the ((higher education coordinating board)) student achievement council may not prohibit a hospital or physician from entering into an agreement to provide student clinical rotations to qualified osteopathic or allopathic medical students.

Sec. 17   RCW 28B.117.020 and 2012 c 163 s 3 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Cost of attendance" means the cost associated with attending a particular institution of higher education as determined by the office, including but not limited to tuition, fees, room, board, books, personal expenses, and transportation, plus the cost of reasonable additional expenses incurred by an eligible student and approved by a financial aid administrator at the student's school of attendance.
     (2) "Financial need" means the difference between a student's cost of attendance and the student's total family contribution as determined by the method prescribed by the United States department of education.
     (3) "Independent college or university" means a private, nonprofit institution of higher education, open to residents of the state, providing programs of education beyond the high school level leading to at least the baccalaureate degree, and accredited by the Northwest association of schools and colleges, and other institutions as may be developed that are approved by the ((board)) student achievement council as meeting equivalent standards as those institutions accredited under this section.
     (4) "Institution of higher education" means any institution eligible to and participating in the state need grant program.
     (5) "Office" means the office of student financial assistance.
     (6) "Program" means the passport to college promise program created in this chapter.

Sec. 18   RCW 28B.117.030 and 2011 1st sp.s. c 11 s 221 are each amended to read as follows:
     (1) The office shall design and, to the extent funds are appropriated for this purpose, implement, a program of supplemental scholarship and student assistance for students who have emancipated from the state foster care system after having spent at least one year in care.
     (2) The office shall convene and consult with an advisory committee to assist with program design and implementation. The committee shall include but not be limited to former foster care youth and their advocates; representatives from the state board for community and technical colleges, and from public and private agencies that assist current and former foster care recipients in their transition to adulthood; and student support specialists from public and private colleges and universities.
     (3) To the extent that sufficient funds have been appropriated for this purpose, a student is eligible for assistance under this section if he or she:
     (a) Emancipated from foster care on or after January 1, 2007, after having spent at least one year in foster care subsequent to his or her sixteenth birthday;
     (b) Is a resident student, as defined in RCW 28B.15.012(2);
     (c) Is enrolled with or will enroll on at least a half-time basis with an institution of higher education in Washington state by the age of twenty-one;
     (d) Is making satisfactory academic progress toward the completion of a degree or certificate program, if receiving supplemental scholarship assistance;
     (e) Has not earned a bachelor's or professional degree; and
     (f) Is not pursuing a degree in theology.
     (4) A passport to college scholarship under this section:
     (a) Shall not exceed resident undergraduate tuition and fees at the highest-priced public institution of higher education in the state; and
     (b) Shall not exceed the student's financial need, less a reasonable self-help amount defined by the ((board)) office, when combined with all other public and private grant, scholarship, and waiver assistance the student receives.
     (5) An eligible student may receive a passport to college scholarship under this section for a maximum of five years after the student first enrolls with an institution of higher education or until the student turns age twenty-six, whichever occurs first. If a student turns age twenty-six during an academic year, and would otherwise be eligible for a scholarship under this section, the student shall continue to be eligible for a scholarship for the remainder of the academic year.
     (6) The office, in consultation with and with assistance from the state board for community and technical colleges, shall perform an annual analysis to verify that those institutions of higher education at which students have received a scholarship under this section have awarded the student all available need-based and merit-based grant and scholarship aid for which the student qualifies.
     (7) In designing and implementing the passport to college student support program under this section, the office, in consultation with and with assistance from the state board for community and technical colleges, shall ensure that a participating college or university:
     (a) Has a viable plan for identifying students eligible for assistance under this section, for tracking and enhancing their academic progress, for addressing their unique needs for assistance during school vacations and academic interims, and for linking them to appropriate sources of assistance in their transition to adulthood;
     (b) Receives financial and other incentives for achieving measurable progress in the recruitment, retention, and graduation of eligible students.

Sec. 19   RCW 28B.118.010 and 2012 c 229 s 402 and 2012 c 163 s 8 are each reenacted and amended to read as follows:
     The office of student financial assistance shall design the Washington college bound scholarship program in accordance with this section and in alignment with the state need grant program in chapter 28B.92 RCW unless otherwise provided in this section.
     (1) "Eligible students" are those students who:
     (a) Qualify for free or reduced-price lunches. If a student qualifies in the seventh grade, the student remains eligible even if the student does not receive free or reduced-price lunches thereafter; or
     (b) Are dependent pursuant to chapter 13.34 RCW and:
     (i) In grade seven through twelve; or
     (ii) Are between the ages of eighteen and twenty-one and have not graduated from high school.
     (2) Eligible students shall be notified of their eligibility for the Washington college bound scholarship program beginning in their seventh grade year. Students shall also be notified of the requirements for award of the scholarship.
     (3)(a) To be eligible for a Washington college bound scholarship, a student eligible under subsection (1)(a) of this section must sign a pledge during seventh or eighth grade that includes a commitment to graduate from high school with at least a C average and with no felony convictions. The pledge must be witnessed by a parent or guardian and forwarded to the office of student financial assistance by mail or electronically, as indicated on the pledge form.
     (b) A student eligible under subsection (1)(b) of this section shall be automatically enrolled, with no action necessary by the student or the student's family, and the enrollment form must be forwarded by the department of social and health services to the ((higher education coordinating board or its successor)) student achievement council by mail or electronically, as indicated on the form.
     (4)(a) Scholarships shall be awarded to eligible students graduating from public high schools, approved private high schools under chapter 28A.195 RCW, or who received home-based instruction under chapter 28A.200 RCW.
     (b) To receive the Washington college bound scholarship, a student must graduate with at least a "C" average from a public high school or an approved private high school under chapter 28A.195 RCW in Washington or have received home-based instruction under chapter 28A.200 RCW, must have no felony convictions, and must be a resident student as defined in RCW 28B.15.012(2) (a) through (d).
     (5) A student's family income will be assessed upon graduation before awarding the scholarship.
     (6) If at graduation from high school the student's family income does not exceed sixty-five percent of the state median family income, scholarship award amounts shall be as provided in this section.
     (a) For students attending two or four-year institutions of higher education as defined in RCW 28B.10.016, the value of the award shall be (i) the difference between the student's tuition and required fees, less the value of any state-funded grant, scholarship, or waiver assistance the student receives; (ii) plus five hundred dollars for books and materials.
     (b) For students attending private four-year institutions of higher education in Washington, the award amount shall be the representative average of awards granted to students in public research universities in Washington.
     (c) For students attending private vocational schools in Washington, the award amount shall be the representative average of awards granted to students in public community and technical colleges in Washington.
     (7) Recipients may receive no more than four full-time years' worth of scholarship awards.
     (8) Institutions of higher education shall award the student all need-based and merit-based financial aid for which the student would otherwise qualify. The Washington college bound scholarship is intended to replace unmet need, loans, and, at the student's option, work-study award before any other grants or scholarships are reduced.
     (9) The first scholarships shall be awarded to students graduating in 2012.
     (10) The state of Washington retains legal ownership of tuition units awarded as scholarships under this chapter until the tuition units are redeemed. These tuition units shall remain separately held from any tuition units owned under chapter 28B.95 RCW by a Washington college bound scholarship recipient.
     (11) The scholarship award must be used within five years of receipt. Any unused scholarship tuition units revert to the Washington college bound scholarship account.
     (12) Should the recipient terminate his or her enrollment for any reason during the academic year, the unused portion of the scholarship tuition units shall revert to the Washington college bound scholarship account.

Sec. 20   RCW 28B.118.040 and 2011 1st sp.s. c 11 s 228 are each amended to read as follows:
     The office of student financial assistance shall:
     (1) With the assistance of the office of the superintendent of public instruction, implement and administer the Washington college bound scholarship program;
     (2) Develop and distribute, to all schools with students enrolled in grade seven or eight, a pledge form that can be completed and returned electronically or by mail by the student or the school to the office of student financial assistance;
     (3) Develop and implement a student application, selection, and notification process for scholarships;
     (4) Track scholarship recipients to ensure continued eligibility and determine student compliance for awarding of scholarships;
     (5) Subject to appropriation, deposit funds into the state educational trust fund;
     (6) Purchase tuition units under the advanced college tuition payment program in chapter 28B.95 RCW to be owned and held in trust by the ((board)) student achievement council, for the purpose of scholarship awards as provided for in this section; and
     (7) Distribute scholarship funds, in the form of tuition units purchased under the advanced college tuition payment program in chapter 28B.95 RCW or through direct payments from the state educational trust fund, to institutions of higher education on behalf of scholarship recipients identified by the office, as long as recipients maintain satisfactory academic progress.

Sec. 21   RCW 28B.145.010 and 2011 1st sp.s. c 13 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "((Board)) Council" means the ((higher education coordinating board or its successor)) student achievement council.
     (2) "Eligible education programs" means high employer demand and other programs of study as determined by the opportunity scholarship board.
     (3) "Eligible expenses" means reasonable expenses associated with the costs of acquiring an education such as tuition, books, equipment, fees, room and board, and other expenses as determined by the program administrator in consultation with the ((board)) council and the state board for community and technical colleges.
     (4) "Eligible student" means a resident student who received ((their)) his or her high school diploma or GED in Washington and who:
     (a)(i) Has been accepted at a four-year institution of higher education into an eligible education program leading to a baccalaureate degree; or
     (ii) Will attend a two-year institution of higher education and intends to transfer to an eligible education program at a four-year institution of higher education;
     (b) Declares an intention to obtain a baccalaureate degree; and
     (c) Has a family income at or below one hundred twenty-five percent of the state median family income at the time the student applies for an opportunity scholarship.
     (5) "High employer demand program of study" has the same meaning as provided in RCW 28B.50.030.
     (6) "Participant" means an eligible student who has received a scholarship under the opportunity scholarship program.
     (7) "Program administrator" means a college scholarship organization that is a private nonprofit corporation registered under Title 24 RCW and qualified as a tax-exempt entity under section 501(c)(3) of the federal internal revenue code, with expertise in managing scholarships and college advising.
     (8) "Resident student" has the same meaning as provided in RCW 28B.15.012.

Sec. 22   RCW 28B.145.030 and 2011 1st sp.s. c 13 s 4 are each amended to read as follows:
     (1) The program administrator, under contract with the ((board)) council, shall staff the opportunity scholarship board and shall have the duties and responsibilities provided in this chapter, including but not limited to publicizing the program, selecting participants for the opportunity scholarship award, distributing opportunity scholarship awards, and achieving the maximum possible rate of return on investment of the accounts in subsection (2) of this section, while ensuring transparency in the investment decisions and processes. Duties, exercised jointly with the opportunity scholarship board, include soliciting funds and setting annual fund-raising goals. The program administrator shall be paid an administrative fee as determined by the opportunity scholarship board.
     (2) With respect to the opportunity scholarship program, the program administrator shall:
     (a) Establish and manage two separate accounts into which to receive grants and contributions from private sources as well as state matching funds, and from which to disburse scholarship funds to participants;
     (b) Solicit and accept grants and contributions from private sources, via direct payment, pledge agreement, or escrow account, of private sources for deposit into one or both of the two accounts created in this subsection (2)(b) in accordance with this subsection (2)(b):
     (i) The "scholarship account," whose principal may be invaded, and from which scholarships must be disbursed beginning no later than December 1, 2011, if, by that date, state matching funds in the amount of five million dollars or more have been received. Thereafter, scholarships shall be disbursed on an annual basis beginning no later than May 1, 2012, and every May 1st thereafter;
     (ii) The "endowment account," from which scholarship moneys may be disbursed from earnings only in years when:
     (A) The state match has been made into both the scholarship and the endowment account;
     (B) The state appropriations for the state need grant under RCW 28B.92.010 meet or exceed state appropriations for the state need grant made in the 2011-2013 biennium, adjusted for inflation, and eligibility for state need grant recipients is at least seventy percent of state median family income; and
     (C) The state has demonstrated progress toward the goal of total per-student funding levels, from state appropriations plus tuition and fees, of at least the sixtieth percentile of total per-student funding at similar public institutions of higher education in the global challenge states, as defined, measured, and reported in RCW 28B.15.068. In any year in which the office of financial management reports that the state has not made progress toward this goal, no new scholarships may be awarded. In any year in which the office of financial management reports that the percentile of total per-student funding is less than the sixtieth percentile and at least five percent less than the prior year, pledges of future grants and contributions may, at the request of the donor, be released and grants and contributions already received refunded to the extent that opportunity scholarship awards already made can be fulfilled from the funds remaining in the endowment account; and
     (iii) An amount equal to at least fifty percent of all grants and contributions must be deposited into the scholarship account until such time as twenty million dollars have been deposited into the account, after which time the private donors may designate whether their contributions must be deposited to the scholarship or the endowment account. The opportunity scholarship board and the program administrator must work to maximize private sector contributions to both the scholarship account and the endowment account, to maintain a robust scholarship program while simultaneously building the endowment, and to determine the division between the two accounts in the case of undesignated grants and contributions, taking into account the need for a long-term funding mechanism and the short-term needs of families and students in Washington. The first five million dollars in state match, as provided in RCW 28B.145.040, shall be deposited into the scholarship account and thereafter the state match shall be deposited into the two accounts in equal proportion to the private funds deposited in each account;
     (c) Provide proof of receipt of grants and contributions from private sources to the ((board)) council, identifying the amounts received by name of private source and date, and whether the amounts received were deposited into the scholarship or the endowment account;
     (d) In consultation with the ((higher education coordinating board)) council and the state board for community and technical colleges, make an assessment of the reasonable annual eligible expenses associated with eligible education programs identified by the opportunity scholarship board;
     (e) Determine the dollar difference between tuition fees charged by institutions of higher education in the 2008-09 academic year and the academic year for which an opportunity scholarship is being distributed;
     (f) Develop and implement an application, selection, and notification process for awarding opportunity scholarships;
     (g) Determine the annual amount of the opportunity scholarship for each selected participant. The annual amount shall be at least one thousand dollars or the amount determined under (e) of this subsection, but may be increased on an income-based, sliding scale basis up to the amount necessary to cover all reasonable annual eligible expenses as assessed pursuant to (d) of this subsection, or to encourage participation in baccalaureate degree programs identified by the opportunity scholarship board;
     (h) Distribute scholarship funds to selected participants. Once awarded, and to the extent funds are available for distribution, an opportunity scholarship shall be automatically renewed until the participant withdraws from or is no longer attending the program, completes the program, or has taken the credit or clock hour equivalent of one hundred twenty-five percent of the published length of time of the participant's program, whichever occurs first, and as long as the participant annually submits documentation of filing both a free application for federal student aid and for available federal education tax credits, including but not limited to the American opportunity tax credit; and
     (i) Notify institutions of scholarship recipients who will attend their institutions and inform them of the terms of the students' eligibility.
     (3) With respect to the opportunity expansion program, the program administrator shall:
     (a) Assist the opportunity scholarship board in developing and implementing an application, selection, and notification process for making opportunity expansion awards; and
     (b) Solicit and accept grants and contributions from private sources for opportunity expansion awards.

Sec. 23   RCW 28B.145.050 and 2011 1st sp.s. c 13 s 6 are each amended to read as follows:
     (1) The opportunity scholarship match transfer account is created in the custody of the state treasurer as a nonappropriated account to be used solely and exclusively for the opportunity scholarship program created in RCW 28B.145.040. The purpose of the account is to provide matching funds for the opportunity scholarship program.
     (2) Revenues to the account shall consist of appropriations by the legislature into the account and any gifts, grants, or donations received by the director of the ((board)) council for this purpose.
     (3) No expenditures from the account may be made except upon receipt of proof, by the director of the ((board)) council from the program administrator, of private contributions to the opportunity scholarship program. Expenditures, in the form of matching funds, may not exceed the total amount of private contributions.
     (4) Only the director of the ((board)) council or the director's designee may authorize expenditures from the opportunity scholarship match transfer account. Such authorization must be made as soon as practicable following receipt of proof as required under subsection (3) of this section.

Sec. 24   RCW 28B.145.060 and 2011 1st sp.s. c 13 s 7 are each amended to read as follows:
     (1) The opportunity expansion program is established.
     (2) The opportunity scholarship board shall select institutions of higher education to receive opportunity expansion awards. In so doing, the opportunity scholarship board must:
     (a) Solicit, receive, and evaluate proposals from institutions of higher education that are designed to directly increase the number of baccalaureate degrees produced in high employer demand and other programs of study, and that include annual numerical targets for the number of such degrees, with a strong emphasis on serving students who received their high school diploma or GED in Washington or are adult Washington residents who are returning to school to gain a baccalaureate degree;
     (b) Develop criteria for evaluating proposals and awarding funds to the proposals deemed most likely to increase the number of baccalaureate degrees and degrees produced in high employer demand and other programs of study;
     (c) Give priority to proposals that include a partnership between public and private partnership entities that leverage additional private funds;
     (d) Give priority to proposals that are innovative, efficient, and cost-effective, given the nature and cost of the particular program of study;
     (e) Consult and operate in consultation with existing higher education stakeholders, including but not limited to: Faculty, labor, student organizations, and relevant higher education agencies; and
     (f) Determine which proposals to improve and accelerate the production of baccalaureate degrees in high employer demand and other programs of study will receive opportunity expansion awards for the following state fiscal year, notify the state treasurer, and announce the awards.
     (3) The state treasurer, at the direction of the opportunity scholarship board, must distribute the funds that have been awarded to the institutions of higher education from the opportunity expansion account.
     (4) Institutions of higher education receiving awards under this section may not supplant existing general fund state revenues with opportunity expansion awards.
     (5) Annually, the office of financial management shall report to the opportunity scholarship board, the governor, and the relevant committees of the legislature regarding the percentage of Washington households with incomes in the middle-income bracket or higher. For purposes of this section, "middle-income bracket" means household incomes between two hundred and five hundred percent of the 2010 federal poverty level, as determined by the United States department of health and human services for a family of four, adjusted annually for inflation.
     (6) Annually, the ((higher education coordinating board)) council must report to the opportunity scholarship board, the governor, and the relevant committees of the legislature regarding the increase in the number of degrees in high employer demand and other programs of study awarded by institutions of higher education over the average of the preceding ten academic years.
     (7) In its comprehensive plan, the workforce training and education coordinating board shall include specific strategies to reach the goal of increasing the percentage of Washington households living in the middle-income bracket or higher, as calculated by the office of financial management and developed by the agency or education institution that will lead the strategy.

Sec. 25   RCW 28B.145.070 and 2011 1st sp.s. c 13 s 8 are each amended to read as follows:
     (1) By December 1, 2012, and annually each December 1st thereafter, the opportunity scholarship board, together with the program administrator, shall report to the ((board)) council, the governor, and the appropriate committees of the legislature regarding the opportunity scholarship and opportunity expansion programs, including but not limited to:
     (a) Which education programs the opportunity scholarship board determined were eligible for purposes of the opportunity scholarship;
     (b) The number of applicants for the opportunity scholarship, disaggregated, to the extent possible, by race, ethnicity, gender, county of origin, age, and median family income;
     (c) The number of participants in the opportunity scholarship program, disaggregated, to the extent possible, by race, ethnicity, gender, county of origin, age, and median family income;
     (d) The number and amount of the scholarships actually awarded, and whether the scholarships were paid from the scholarship account or the endowment account;
     (e) The institutions and eligible education programs in which opportunity scholarship participants enrolled, together with data regarding participants' completion and graduation;
     (f) The total amount of private contributions and state match moneys received for the opportunity scholarship program, how the funds were distributed between the scholarship and endowment accounts, the interest or other earnings on the accounts, and the amount of any administrative fee paid to the program administrator; and
     (g) Identification of the programs the opportunity scholarship board selected to receive opportunity expansion awards and the amount of such awards.
     (2) In the next succeeding legislative session following receipt of a report required under subsection (1) of this section, the appropriate committees of the legislature shall review the report and consider whether any legislative action is necessary with respect to either the opportunity scholarship program or the opportunity expansion program, including but not limited to consideration of whether any legislative action is necessary with respect to the nature and level of focus on high employer demand fields and the number and amount of scholarships.

Sec. 26   RCW 43.88.230 and 2012 c 229 s 205 and 2012 c 113 s 7 are each reenacted and amended to read as follows:
     For the purposes of this chapter, the statute law committee, the joint legislative audit and review committee, the joint transportation committee, the legislative evaluation and accountability program committee, the office of legislative support services, ((the joint higher education committee,)) the office of state actuary, and all legislative standing committees of both houses shall be deemed a part of the legislative branch of state government.

Sec. 27   RCW 43.330.310 and 2012 c 229 s 590 and 2012 c 198 s 12 are each reenacted 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, and the state board for community and technical colleges, 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, 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: (A) Determine key growth factors and employment projections in the industry; and (B) define the education and skill standards required for current and emerging green occupations in the industry.
     (ii) The term "forest products industry" must be given a broad interpretation when implementing (a)(i) of this subsection and includes, but is not limited to, 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, and the state board for community and technical colleges.
     (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: Green industry sectors, including but not limited to forest product companies, companies engaged in energy efficiency and renewable energy production, companies engaged in pollution prevention, reduction, and mitigation, and companies engaged in green building work and green transportation; 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.

Sec. 28   RCW 44.04.260 and 2012 c 229 s 204 and 2012 c 113 s 6 are each reenacted and amended to read as follows:
     The joint legislative audit and review committee, the joint transportation committee, the select committee on pension policy, the legislative evaluation and accountability program committee, the office of legislative support services, ((the joint higher education committee,)) and the joint legislative systems committee are subject to such operational policies, procedures, and oversight as are deemed necessary by the facilities and operations committee of the senate and the executive rules committee of the house of representatives to ensure operational adequacy of the agencies of the legislative branch. As used in this section, "operational policies, procedures, and oversight" includes the development process of biennial budgets, contracting procedures, personnel policies, and compensation plans, selection of a chief administrator, facilities, and expenditures. This section does not grant oversight authority to the facilities and operations committee of the senate over any standing committee of the house of representatives or oversight authority to the executive rules committee of the house of representatives over any standing committee of the senate.

NEW SECTION.  Sec. 29   The following acts or parts of acts are each repealed:
     (1) RCW 44.04.360 (Joint higher education committee -- Purpose) and 2012 c 229 s 201;
     (2) RCW 44.04.362 (Joint higher education committee -- Membership) and 2012 c 229 s 202; and
     (3) RCW 44.04.364 (Joint higher education committee -- Meetings--Reimbursement -- Rules -- Staffing) and 2012 c 229 s 203.

NEW SECTION.  Sec. 30   RCW 28B.76.335 and 28B.76.340 are each recodified as sections in chapter 28B.77 RCW.

NEW SECTION.  Sec. 31   Section 5 of this act expires July 1, 2017.