5454-S.E AMH ENA ANDE 1 [1]

ESSB 5454 - H COMM AMD

By Committee on Environmental Affairs

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. LEGISLATIVE FINDINGS. (1) The legislature finds that the long-term health of the economy of Washington state depends on the sustainable management of its natural resources. Washington's forests, estuaries, waterways, and watersheds provide a livelihood for thousands of citizens of Washington state and millions of dollars of income and tax revenues every year from forests, fisheries, shellfisheries, recreation, tourism, and other water-dependent industries. The legislature further finds that the livelihoods and revenues produced by the state's forests, estuaries, waterways, and watersheds are threatened by continuing degradation of habitats and water quality.

(2) The legislature finds that existing programs to protect and enhance the state's forests, estuaries, waterways, and watersheds need to be better coordinated in order to conserve our natural and financial resources.

(3) The legislature finds that unemployed workers and Washington's economically distressed communities can benefit from opportunities for employment through labor intensive restoration projects.

(4) The legislature recognizes that stewardship activities on state-owned lands is a responsible investment consistent with the provisions of this chapter. It is the intent of the legislature that stewardship activities funded under this chapter provide labor intensive employment.

(5) Employment under this chapter is not intended to displace or partially displace currently employed workers, including but not limited to, state employees and service employees under existing contracts.

(6) Wages paid under this chapter shall be based on market rates in accordance with the required skills and complexity of the jobs created.

(7) The legislature therefore declares that investments in labor-intensive restoration projects, based on sound principles of environmental and forest restoration are necessary to prevent the burdening of future generations with clean-up costs, poorly functioning ecosystems, and the collapse of industries that rely on a healthy environment.

NEW SECTION. Sec. 2. INTERAGENCY COORDINATING COUNCIL. (1) There is created an interagency council on environmental and forest restoration within the office of the governor. The purpose of the council is to promote a coordinated and comprehensive approach to the state's environmental and forest restoration needs. The council shall consist of the director or commissioner from each of the following agencies: The department of ecology, the department of natural resources, the department of fisheries, the department of wildlife, the state parks and recreation commission, the interagency committee for outdoor recreation, the department of community development, the employment security department, the conservation commission, and the Puget Sound water quality authority. In addition, the governor shall appoint one member each from the following: The Washington state association of counties, the association of Washington cities, labor organizations, environmental organizations, and the tribes. Nonagency members of the council may advise on but shall not participate in decisions to fund projects. The council shall be chaired by the governor or the governor's designee.

(2) The department of community development shall provide staff support services to the council.

NEW SECTION. Sec. 3. DUTIES OF THE COUNCIL. (1) Beginning July 1, 1993, the council shall have the following responsibilities:

(a) To coordinate a process to assist state agencies and local governments to implement effective environmental restoration projects;

(b) To evaluate unemployment profile data provided by the employment security department; and

(c) To review projects funded through the fiscal year 1994 omnibus operating and capital appropriations acts for consistency with provisions of this chapter.

(2) No later than December 31, 1993, the council shall provide recommendations to the appropriate committees of the legislature to streamline the administration of grants for programs that provide financial assistance to local governments for the purposes of preventing habitat and environmental degradation. These programs include but are not limited to grants for watershed planning, water quality management, ecosystem management, waste management, and local comprehensive planning.

(3) Beginning July 1, 1994, the council shall have the following responsibilities:

(a) To solicit and evaluate proposals from state and local agencies, private nonprofit organizations, and tribes for forest and environmental restoration projects;

(b) To rank the proposals based on criteria developed by the council in accordance with section 5 of this act;

(c) To determine funding allocations for projects to be funded from the account created in section 4 of this act, and for projects or programs as designated in the omnibus operating and capital appropriations acts; and

(d) To submit to the appropriate standing committees of the legislature, a biennial report summarizing the jobs and the environmental benefits created by the projects funded under this chapter.

NEW SECTION. Sec. 4. ENVIRONMENTAL AND FOREST RESTORATION ACCOUNT. (1) The environmental and forest restoration account is established in the state treasury. Money in the account may only be spent after appropriation by the legislature and in a manner consistent with this chapter. Private nonprofit organizations and state, local, and tribal entities are eligible for funds under this chapter. Money in the account may be used to make grants, loans, or interagency contracts as needed to implement environmental and forest restoration projects.

(2) The department of community development shall administer the account. To the extent possible, the department shall use existing mechanisms of grant and program administration.

(3) The environmental and forest restoration account shall consist of funds appropriated by law, principal and interest from the repayment of loans granted under this chapter, and federal and other money received by the state for deposit in the account.

(4) At least ten percent of the annual revenues to the environmental restoration account shall be expended by the Washington conservation corps to employ high-risk youth on projects consistent with this chapter and to fund administrative support services required by the senior environmental corps.

(5) No more than three percent of the annual revenues to the environmental and forest restoration account shall be expended for administrative purposes.

(6) Except for essential administrative and supervisory purposes, money in the account may not be used for hiring permanent state employees.

NEW SECTION. Sec. 5. ENVIRONMENTAL AND FOREST RESTORATION PROJECTS--CRITERIA. (1) The council shall make recommendations for projects to be funded by the environmental and forest restoration account that:

(a) Produce measurable improvements in water and habitat quality;

(b) Create jobs that are labor intensive;

(c) Give priority to projects that achieve cost efficiencies by designing the project to meet multiple policy objectives;

(d) Implement a state or federally mandated plan relating to environmental or forest restoration, including but not limited to a local watershed action plan, stormwater management plan, capital facility plan, growth management plan, or a flood control plan;

(e) Coordinate projects from the community in which the project is located;

(f) Are supported financially or through in-kind resources at the local level;

(g) Utilize unemployed workers and high-risk youth, especially in areas that are economically distressed. For the purposes of this subsection, "high-risk youth" shall mean youth eligible for Washington conservation corps programs under chapter 43.220 RCW or Washington service corps programs under chapter 50.65 RCW; and

(h) Implement policies developed through comprehensive watershed management analysis.

(2) To the greatest extent possible, the council shall not award funds to projects that include the following activities:

(a) Administrative rule making;

(b) Planning; or

NEW SECTION. Sec. 6. FIRST YEAR PROJECT FUNDING. It is the intent of the legislature to promote a comprehensive approach for evaluating projects that address natural resource conservation needs. At the same time, the legislature recognizes the necessity for immediate job creation and environmental restoration. The legislature therefore declares that, for fiscal year 1994, funding to implement the purposes of this chapter shall be provided through individual agency appropriations as specified in the omnibus operating and capital appropriations acts.

NEW SECTION. Sec. 7. UNANTICIPATED FEDERAL FUNDS. When an agency represented on the council submits an unanticipated federal receipt under RCW 43.79.270, the governor shall consider placing these funds into the environmental and forest restoration account or requiring that the funds be used in a manner consistent with the criteria established in section 5 of this act.

NEW SECTION. Sec. 8. RECRUITMENT AND EMPLOYMENT. (1) The council shall submit a list to the employment security department of projects receiving funds under the provisions of this chapter or from any legislative appropriations. The list shall include the number and types of jobs expected to be needed in each project. The employment security department shall recruit workers for hiring by employers funded under provisions of this chapter by:

(a) Notifying dislocated forest products workers who meet the definitions in chapter 50.70 RCW who are receiving unemployment benefits or who have exhausted unemployment benefits, of their eligibility for the programs;

(b) Notifying other unemployed workers;

(d) Establishing procedures for workers to apply to the programs.

(2) Employers receiving funds from the account shall consider the list of eligible workers developed by the employment security department.

(3) To the extent possible, workers hired under this chapter shall receive training in environmental enhancement and forest restoration skills.

(4) Program enrollees hired by a state agency, except for Washington conservation and service corps enrollees, shall receive medical and dental benefits as provided under chapter 41.05 RCW, industrial insurance coverage under Title 51 RCW, but are exempt from the provisions of chapter 41.06 RCW.

NEW SECTION. Sec. 9. COMPREHENSIVE WATERSHED TEAMS. The department of ecology, the department of natural resources, and the Puget Sound water quality authority, shall jointly create two comprehensive watershed analysis teams. The analysis performed by each team shall include but not limited to, an assessment of:

(1) Pollution from point and nonpoint sources;

(2) Forest practice effects;

(3) Storm, surface, and ground water interactions; and

(4) Water quality and water use interactions.

The comprehensive watershed teams shall incorporate, and revise as necessary, existing methodologies of watershed analysis. One team shall operate in Western Washington and one team shall operate in Eastern Washington. Each team shall coordinate its work efforts with the water resource data management program within the department of ecology.

NEW SECTION. Sec. 10. SHORT TITLE. This act shall be known as the environmental restoration jobs act of 1993.

NEW SECTION. Sec. 11. CAPTIONS AND PART HEADINGS. Section captions and part headings as used in this act constitute no part of the law.

NEW SECTION. Sec. 12. CODIFICATION DIRECTIONS. Sections 1 through 10 of this act shall constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 13. If specific funding for section 9 of this act, specifically referencing this act by bill and section number, is not provided by June 30, 1993, in the omnibus appropriations act, section 9 of this act is null and void."