5454-S

AN ACT Relating to investing in the creation of jobs to restore and enhance Washington's estuaries, waterways, forests, and watersheds; amending RCW 43.131.369, 43.131.370, and 43.220.900; adding a new chapter to Title 43 RCW; creating new sections; providing an effective date; and declaring an emergency.

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

PART I ENVIRONMENTAL RESTORATION JOBS

NEW SECTION. Sec. 101. LEGISLATIVE FINDINGS. (1) The legislature finds that the economy of Washington state depends on the health and sustainable management and development of its natural resources. These resources include the waters and associated habitats of Puget Sound, which has been designated an estuary of national significance under the federal clean water act. The resources of Washington's 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 fisheries, shellfisheries, recreation, tourism, and other water-dependent industries.

(2) The legislature further finds that the livelihoods and revenues produced by Puget Sound and Washington's other estuaries, waterways, and watersheds are threatened by continuing water quality and habitat degradation, and that immediate investments in clean water infrastructure and habitat restoration and enhancement are required to prevent the burdening of future generations with cleanup costs, poorly functioning ecosystems, and the collapse of economically important industries that rely on a healthy environment.

(3) The preeminent national model for cooperative watershed-based management and prevention of pollution, and habitat alteration and destruction is the Puget Sound water quality management plan adopted by the state in 1986.

Further use of this model state-wide could result in substantial improvement in the state's water quality and restoration and enhancement of its estuaries, waterways, and watersheds.

However, inadequate financial resources and incentives, especially in economically distressed areas, have impeded implementation of the Puget Sound water quality management plan and the legislature must address this inadequacy if it is to effectively address watershed-based management on a state-wide basis. In particular, an insufficiency in financial resources for local governments has resulted in investments in clean water too low to ensure the long-term economic and environmental health in Puget Sound, and watersheds throughout the state. This is especially true in impact areas.

NEW SECTION. Sec. 102. PURPOSE AND INTENT. (1) It is the intent of this chapter to provide adequate financial resources to local governments and other entities to: (a) Achieve full implementation of the Puget Sound water quality management plan and other watershed-based management strategies and plans; (b) ameliorate degradation to watersheds; and (c) keep and create environmentally sound, family wage, and stable employment in Washington state.

(2) It is the purpose of this chapter to:

(a) Implement clean water, forest, and habitat restoration projects that will produce measurable improvements in water and habitat quality, prevent further degradation of water and habitat quality, that rate highly when existing environmental ranking systems are applied, and that provide economic stability.

(b) Facilitate the coordination and consistency of federal, state, tribal, and local water and habitat protection and enhancement programs in the state's watersheds.

(d) Provide immediate funding to create jobs and training for environmental restoration and enhancement jobs for unemployed workers and displaced workers in impact areas.

(3) For purposes of this chapter "impact areas" means: (a) Distressed counties as defined in RCW 43.165.010(3)(a); (b) subcounty areas in those counties not covered under (a) of this subsection that are timber impact areas as defined in RCW 43.31.601; (c) urban subcounty areas as defined in RCW 43.165.010(3)(c); and (d) areas that the state agencies administering funds under section 103 of this act determine are likely to experience dislocations in the near future from downturns in natural resource-based industries, defense-based industries, or aerospace-based industries.

NEW SECTION. Sec. 103. 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. One-third of the funds in the account shall be allocated for the purposes of watershed restoration and enhancement projects in forested areas, one-third of the funds shall be allocated for the purposes of watershed restoration and enhancement projects within the Puget Sound basin including its marine waters, and one-third shall be allocated for watershed restoration and enhancement projects outside the Puget Sound basin. Any public body, agency of state government, tribal entity, or nonprofit corporation is eligible for funds under this chapter.

(2) There is created the environmental enhancement and job creation task force consisting of the commissioner of public lands, the director of the parks and recreation commission, the director of the department of wildlife, the director of the department of fisheries, the director of the department of ecology, the director of the department of trade and economic development, the executive director of the work force training and education coordinating board, the director of the department of community development, the commissioner of employment security, the governor, and the executive director of the Puget Sound water quality authority, or their designees. Members shall serve without additional pay and participation and the work of the committee shall be deemed performance of their employment. The governor shall designate the chair of the task force. The governor shall provide staff and administrative support to the task force and solicit the participation of agency personnel to assist the task force.

(3) The task force shall be responsible for reviewing requests for use of environmental and forest restoration account funds and making distributions from the account. Any public body, agency of state government, tribal entity, or nonprofit corporation may apply for funds to be used consistent with this section and sections 102, 104, and 105 of this act. The task force shall award funds for projects and training programs it approves and may allocate the funds to state agencies for disbursement and contract administration.

(4) The environmental and forest restoration account shall consist of tax receipts as provided by law, principal and interest from the repayment of loans granted under this chapter, federal and other money received by the state for deposit in the account, and other money appropriated to the account by the legislature.

(5) At least ten percent of the funds distributed from the environmental and forest restoration account annually shall be allocated to the Washington conservation corps established under chapter 43.220 RCW to employ eligible youth on projects consistent with this chapter and to fund administrative support services required by the senior environmental corps established under chapter 43.63A RCW.

(6) At least five percent of the funds distributed from the environmental and forest restoration account annually shall be used for contracts with nonprofit corporations to fund or finance projects, including those that increase private sector investments in pollution prevention activities and equipment, and that are consistent with the provisions of this section and section 104 of this act.

(7) No more than five percent of the funds distributed from the environmental and forest restoration account shall be expended for administrative purposes by any state agency or project administration.

(8) No project may receive more than five percent of the funds distributed from the environmental and forest restoration account in a given year.

(9) Each project funded from the environmental and forest restoration account shall be matched by a contribution of local funds or resources to the project.

(10) The task force, the Puget Sound water quality authority, the department of natural resources, and the department of ecology shall each be responsible for soliciting private and federal resources to carry out the purposes of this chapter and their responsibilities under this chapter.

NEW SECTION. Sec. 104. GRANTS OR LOANS FOR ENVIRONMENTAL AND FOREST RESTORATION PROJECTS--CRITERIA. (1) Within the limitations of section 103 of this act, the task force shall award funds from the environmental and forest restoration account on a competitive basis. The task force shall evaluate and rate environmental enhancement and restoration project proposals using the following criteria:

(a) The ability of the proponents of the project to quantify their projected improvements in water quality, habitat quality, or both;

(b) The cost-effectiveness of the project as measured by past costs and environmental benefits for similar projects;

(c) The inclusion of the project as a high priority in a local government storm water management plan, watershed action plan, or capital facility plan;

(d) The number of jobs to be created by the project for:

(i) Displaced or unemployed workers;

(ii) Unemployed youth;

(iii) Residents of impact areas;

(e) The projects use of the employment security department's or a private industry council's job training and placement services;

(f) The project's use of environmental businesses to train in environmental technologies, cosponsor projects and employ or jointly employ project participants;

(g) The ease with which the project can be administered from the community the project serves.

(2) Training programs funded by the environmental and forest restoration account shall be evaluated and rated using the following criteria:

(a) The number of:

(i) Displaced or unemployed workers;

(ii) Unemployed youth;

(iii) Residents of impact areas to be trained by the project;

(b) The cost-effectiveness of the training as measured by past training efforts;

(d) The prospect that the training will result in high-skill, long-term jobs.

(3) The following types of projects and programs shall be given top priority in the first fiscal year after the effective date of this act:

(a) Projects in impact areas that employ dislocated workers and unemployed youth;

(b) Training programs;

(c) Projects that are highly ranked in and implement adopted and approved watershed action plans such as those developed pursuant to Puget Sound water quality authority rules adopted for local planning and management of nonpoint source pollution;

(d) Conservation district projects that provide water quality and habitat improvements;

(e) Indian tribe projects that provide water quality and habitat improvements; or

(f) Projects that implement actions approved by a shellfish protection district under chapter 100, Laws of 1992.

NEW SECTION. Sec. 105. ELIGIBILITY. (1) Eligibility for training or employment in projects funded through the environmental and forest restoration account shall, to the extent practicable, be for workers who are currently unemployed. Projects funded for forest watershed restoration shall be for workers whose employment was terminated in the Washington forest products industry within the previous four years.

(2) An individual shall be eligible for applicable employment security benefits while participating in training related to this chapter. Eligibility shall be confirmed by the commissioner of employment security by submitting a commissioner-approved training waiver.

Any person eligible for unemployment benefits who is employed or trained as a result of this chapter shall have their benefit year extended for a time equivalent to the duration of the employment or training. The commissioner shall adopt rules as necessary to implement this subsection.

(3) Employees hired under the environmental and forest restoration account program shall not be considered state employees for the purposes of existing provisions of law with respect to hours of work, sick leave, vacation, and civil service. Employees under the program shall receive medical and dental benefits and holiday vacation benefits equivalent to those received by state employees.

(4) Compensation for employees under the program shall be no less than twice the state or federal minimum wage, whichever is higher, except for those projects funded under section 103(5) of this act.

(5) Employment under the program shall not result in the displacement or partial displacement, such as the reduction of hours of nonovertime work, wages, or other employment benefits, of currently employed workers, including but not limited to state civil service employees, or of currently or normally contracted services.

(6) The employment security department shall refer eligible workers to employers hiring under the environmental and forest restoration account programs. Workers shall receive opportunities for vocational training, job placement, and remedial education.

PART II MISCELLANEOUS

Sec. 201. RCW 43.131.369 and 1990 c 115 s 11 are each amended to read as follows:

The Puget Sound water quality authority and its powers and duties shall be terminated on June 30, ((~~1995~~)) 1999, as provided in RCW 43.131.370.

NEW SECTION. Sec. 202. On or before June 30, 1998, the legislative budget committee shall prepare a report to the legislature evaluating the implementation of the environmental restoration jobs act of 1993, chapter . . , Laws of 1993 (this act).

Sec. 203. RCW 43.131.370 and 1990 c 115 s 12 are each amended to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, ((~~1996~~)) 2000:

(1) Section 1, chapter 451, Laws of 1985 and RCW 90.70.001;

(2) Section 2, chapter 451, Laws of 1985 and RCW 90.70.005;

(3) Section 3, chapter 451, Laws of 1985, section 2, chapter 115, Laws of 1990 and RCW 90.70.011;

(4) Section 5, chapter 451, Laws of 1985 and RCW 90.70.025;

(5) Section 6, chapter 451, Laws of 1985 and RCW 90.70.035;

(6) Section 7, chapter 451, Laws of 1985, section 72, chapter 36, Laws of 1988, section 3, chapter 115, Laws of 1990 and RCW 90.70.045;

(7) Section 4, chapter 451, Laws of 1985, section 4, chapter 115, Laws of 1990 and RCW 90.70.055;

(8) Section 8, chapter 451, Laws of 1985, section 31, chapter 11, Laws of 1989, section 5, chapter 115, Laws of 1990 and RCW 90.70.060;

(9) Section 9, chapter 451, Laws of 1985, section 6, chapter 115, Laws of 1990 and RCW 90.70.070;

(10) Section 10, chapter 451, Laws of 1985, section 7, chapter 115, Laws of 1990 and RCW 90.70.080; and

(11) Section 14, chapter 451, Laws of 1985 and RCW 90.70.901.

NEW SECTION. Sec. 204. Sections 101 through 105 and 202 of this act shall constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 205. This act shall be known as the environmental restoration jobs act of 1993.

Sec. 206. RCW 43.220.900 and 1987 c 367 s 5 are each amended to read as follows:

The Washington conservation corps shall cease to exist and chapter 43.220 RCW shall expire on July 1, ((~~1995, unless extended by law for an additional fixed period of time~~)) 2000.

NEW SECTION. Sec. 207. Section captions and part headings as used in this act constitute no part of the law.

NEW SECTION. Sec. 208. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 209. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.