AN
ACT Relating to economic and employment impact of natural resources harvest
variation in rural communities; amending RCW 43.31.601, 43.31.611, 43.31.621,
43.63A.021, 43.31.641, 43.63A.440, 43.160.020, 43.160.076, 28B.50.030,
28B.80.570, 28B.80.580, 50.12.270, 43.131.385, and 43.131.386; amending 1995 c
226 s 7 (uncodified); amending 1995 c 226 s 8 (uncodified); amending 1995 c 226
s 9 (uncodified); reenacting and amending RCW 50.22.090 and 43.20A.750;
creating a new section; repealing RCW 43.31.651; providing an effective date;
providing expiration dates; and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
43.31.601 and 1995 c 226 s 1 are each amended to read as follows:
For
the purposes of RCW 43.31.601 through ((43.31.661)) 43.31.641:
(1)
"Timber impact area" means a county having a population of less than
five hundred thousand, or a city or town located within a county having a
population of less than five hundred thousand, and meeting two of the following
three criteria, as determined by the employment security department, for the
most recent year such data is available: (a) A lumber and wood products
employment location quotient at or above the state average; (b) projected or
actual direct lumber and wood products job losses of one hundred positions or
more, except counties having a population greater than two hundred thousand but
less than five hundred thousand must have direct lumber and wood products job
losses of one thousand positions or more; or (c) an annual unemployment rate
twenty percent or more above the state average.
(2)(a)
"Rural natural resources impact area" means:
(i)
A nonmetropolitan county, as defined by the 1990 decennial census, that meets
((two)) three of the five criteria set forth in (b) of this
subsection; ((or))
(ii)
A nonmetropolitan county with a population of less than forty thousand in
the 1990 decennial census, that meets two of the five criteria as set forth in
(b) of this subsection; or
(iii)
A nonurbanized area, as defined by the 1990 decennial census, that is located
in a metropolitan county that meets ((two)) three of the five
criteria set forth in (b) of this subsection.
(b)
For the purposes of designating rural natural resources impact areas, the
following criteria shall be considered:
(i)
A lumber and wood products employment location quotient at or above the state
average;
(ii)
A commercial salmon fishing employment location quotient at or above the state
average;
(iii)
Projected or actual direct lumber and wood products job losses of one hundred
positions or more;
(iv)
Projected or actual direct commercial salmon fishing job losses of one hundred
positions or more; and
(v)
An unemployment rate twenty percent or more above the state average.
The
counties that meet these criteria shall be determined by the employment
security department for the most recent year for which data is available. For
the purposes of administration of programs under this chapter, the United
States post office five-digit zip code delivery areas will be used to determine
residence status for eligibility purposes. For the purpose of this definition,
a zip code delivery area ((that is located wholly or partially in an
urbanized area or within two)) of which any part is ten miles ((of))
or more from an urbanized area is considered nonurbanized. A
zip code totally surrounded by zip codes qualifying as nonurbanized under this
definition is also considered nonurbanized. The office of financial
management shall make available a zip code listing of the areas to all agencies
and organizations providing services under this chapter.
Sec.
2. RCW
43.31.611 and 1995 c 226 s 2 are each amended to read as follows:
(1)
The governor shall appoint a rural community assistance coordinator. The
coordinator shall coordinate the state and federal economic and social programs
targeted to rural natural resources impact areas.
(2)
The coordinator's responsibilities shall include but not be limited to:
(a)
Chairing the agency rural community assistance task force and directing staff
associated with the task force.
(b)
Coordinating and maximizing the impact of state and federal assistance to rural
natural resources impact areas.
(c)
Coordinating and expediting programs to assist rural natural resources impact
areas.
(d)
Providing the legislature with a status and impact report on the rural
community assistance program in January ((1996)) 1998.
(3)
To assist in carrying out the duties set out under this section, the
coordinator shall consult with the Washington state rural development council
and may appoint an advisory body that has representation from local governments
and natural resources interest groups representing impacted rural communities.
(4)
This section shall expire June 30, ((1997)) 2000.
Sec.
3. RCW
43.31.621 and 1996 c 186 s 508 are each amended to read as follows:
(1)
There is established the agency rural community assistance task force. The
task force shall be chaired by the rural community assistance coordinator. It
shall be the responsibility of the coordinator that all directives of chapter
314, Laws of 1991, and chapter 226, Laws of 1995 are carried out
expeditiously by the agencies represented in the task force. The task force
shall consist of the directors, or representatives of the directors, of the
following agencies: The department of community, trade, and economic
development, employment security department, department of social and health
services, state board for community and technical colleges, work force training
and education coordinating board, department of natural resources, department
of transportation, department of fish and wildlife, University of Washington
center for international trade in forest products, department of agriculture,
and department of ecology. The task force shall solicit and consider input
from the rural development council in coordinating agency programs targeted to
rural natural resources impacted communities. The task force may consult and
enlist the assistance of the following: The higher education coordinating
board, University of Washington college of forest resources, University of
Washington school of fisheries, Washington State University school of forestry,
Northwest policy center, state superintendent of public instruction, Washington
state labor council, the Evergreen partnership, Washington state association of
counties, and others as needed.
(2)
((The task force, in conjunction with the rural development council, shall
undertake a study to determine whether additional communities and industries
are impacted, or are likely to be impacted, by salmon preservation and recovery
efforts. The task force shall consider possible impacts in the following
industries and associated communities: Barge transportation, irrigation
dependent agriculture, food processing, aluminum, charter recreational fishing,
boatbuilding, and other sectors suggested by the task force. The task force
shall report its findings and recommendations to the legislature by January
1996)) Recognizing that some rural natural resources areas have greater
economic distress than others, the task force will consider the severity of the
impact as a significant project selection criteria, both at the county and
subcounty level.
(3)
This section shall expire June 30, ((1997)) 2000.
Sec.
4. RCW
50.22.090 and 1995 c 226 s 5 and 1995 c 57 s 2 are each reenacted and amended
to read as follows:
(1)
An additional benefit period is established for rural natural resources impact
areas, defined in ((RCW 43.31.601)) this section, and determined
by the office of financial management and the employment security department.
Benefits shall be paid as provided in subsection (3) of this section to
exhaustees eligible under subsection (4) of this section.
(2)
The additional benefit period for a county may end no sooner than fifty-two
weeks after the additional benefit period begins.
(3)
Additional benefits shall be paid as follows:
(a)
No new claims for additional benefits shall be accepted for weeks beginning
after July 1, ((1997)) 1999, but for claims established on or
before July 1, ((1997)) 1999, weeks of unemployment occurring
after July 1, ((1997)) 1999, shall be compensated as provided in
this section.
(b)
The total additional benefit amount shall be one hundred four times the
individual's weekly benefit amount, reduced by the total amount of regular
benefits and extended benefits paid, or deemed paid, with respect to the
benefit year. Additional benefits shall not be payable for weeks more than two
years beyond the end of the benefit year of the regular claim for an individual
whose benefit year ends on or after July 27, 1991, and shall not be payable for
weeks ending on or after two years after March 26, 1992, for individuals who
become eligible as a result of chapter 47, Laws of 1992.
(c)
Notwithstanding the provisions of (b) of this subsection, individuals will be
entitled to up to five additional weeks of benefits following the completion or
termination of training.
(d)
Notwithstanding the provisions of (b) of this subsection, individuals enrolled
in prerequisite remedial education for a training program expected to last at
least one year will be entitled to up to thirteen additional weeks of benefits
which shall not count toward the total in (b) of this subsection.
(e)
The weekly benefit amount shall be calculated as specified in RCW 50.22.040.
(f)
Benefits paid under this section shall be paid under the same terms and
conditions as regular benefits. The additional benefit period shall be
suspended with the start of an extended benefit period, or any totally
federally funded benefit program, with eligibility criteria and benefits
comparable to the program established by this section, and shall resume the
first week following the end of the federal program.
(g)
The amendments in chapter 316, Laws of 1993 affecting subsection (3)(b) and (c)
of this section shall apply in the case of all individuals determined to be
monetarily eligible under this section without regard to the date eligibility
was determined.
(4)
An additional benefit eligibility period is established for any exhaustee who:
(a)(i)
At the time of last separation from employment((, resided in or was employed
in a rural natural resources impact area defined in RCW 43.31.601 and
determined by the office of financial management and the employment security
department)) resides in a county with an unemployment rate for 1996 at
least twenty percent or more above the state average and at least fifteen
percent above their own county unemployment rate in 1988 and the county meets
one of the following two criteria:
(A)
It is a county with a lumber and woods products employment quotient at least
three times the state average and has experienced actual job losses in these
industries since 1988 of one hundred jobs or more or fifty or more jobs in a
county with a population of forty thousand or less; or
(B)
It is a county with a commercial salmon fishing employment quotient at least
three times the state average and has experienced actual job losses in this
industry since 1988 of one hundred jobs or more or fifty or more jobs in a
county with a population of forty thousand or less; and
(I)
The exhaustee has during his or her base year earned wages of at least one
thousand hours; and
(II)
The exhaustee is determined by the employment security department in
consultation with its labor market and economic analysis division to be a
displaced worker; or
(ii)
During his or her base year, earned wages in at least ((six hundred eighty))
one thousand hours in either the forest products industry, which shall
be determined by the department but shall include the industries assigned the
major group standard industrial classification codes "24" and
"26" and the industries involved in the harvesting and management of
logs, transportation of logs and wood products, processing of wood products,
and the manufacturing and distribution of wood processing and logging equipment
or the fishing industry assigned the standard industrial classification code
"0912". The commissioner may adopt rules further interpreting the
industries covered under this subsection. For the purposes of this subsection,
"standard industrial classification code" means the code identified
in RCW 50.29.025(6)(c); and
(b)(i)
Has received notice of termination or layoff; and
(ii)
Is unlikely, in the determination of the employment security department in
consultation with its labor market and economic analysis division, to
return to employment in his or her principal occupation or previous industry
because of a diminishing demand within his or her labor market for his or her
skills in the occupation or industry; and
(c)(i)
Is notified by the department of the requirements of this section and develops
an individual training program that is submitted to the commissioner for
approval not later than sixty days after the individual is notified of the
requirements of this section, and enters the approved training program not
later than ninety days after the date of the individual's termination or
layoff, or ninety days after July 1, 1991, whichever is later, unless the
department determines that the training is not available during the ninety-day
period, in which case the individual shall enter training as soon as it is
available; or
(ii)
Is enrolled in training approved under this section on a full-time basis and
maintains satisfactory progress in the training. By April 1, 1998, the
employment security department must redetermine a new list of eligible and
ineligible counties based on a comparison of 1988 and 1997 employment rates.
Any changed eligibility status will apply only to new claims for regular
unemployment insurance effective after April 1, 1998.
(5)
For the purposes of this section:
(a)
"Training program" means:
(i)
A remedial education program determined to be necessary after counseling at the
educational institution in which the individual enrolls pursuant to his or her
approved training program; or
(ii)
A vocational training program at an educational institution that:
(A)
Is training for a labor demand occupation; and
(B)
Is likely to facilitate a substantial enhancement of the individual's
marketable skills and earning power.
(b)
"Educational institution" means an institution of higher education as
defined in RCW 28B.10.016 or an educational institution as defined in RCW
28C.04.410(3).
(c)
"Training allowance or stipend" means discretionary use, cash-in-hand
payments available to the individual to be used as the individual sees fit, but
does not mean direct or indirect compensation for training costs, such as
tuition or books and supplies.
(6)
The commissioner shall adopt rules as necessary to implement this section.
(7)
The provisions of RCW 50.22.010(10) shall not apply to anyone who establishes
eligibility for additional benefits under this section and whose benefit year
ends after January 1, 1994. These individuals will have the option of
remaining on the original claim or filing a new claim.
Sec.
5. RCW
43.63A.021 and 1995 c 226 s 11 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Dislocated forest products worker" means a forest products worker
who: (a)(i) Has been terminated or received notice of termination from
employment and is unlikely to return to employment in the individual's
principal occupation or previous industry because of a diminishing demand for
his or her skills in that occupation or industry; or (ii) is self-employed and
has been displaced from his or her business because of the diminishing demand
for the business's services or goods; and (b) at the time of last separation
from employment, resided in or was employed in a rural natural resources impact
area.
(2)
"Forest products worker" means a worker in the forest products
industries affected by the reduction of forest fiber enhancement,
transportation, or production. The workers included within this definition
shall be determined by the employment security department, but shall include
workers employed in the industries assigned the major group standard industrial
classification codes "24" and "26" and the industries
involved in the harvesting and management of logs, transportation of logs and
wood products, processing of wood products, and the manufacturing and
distribution of wood processing and logging equipment. The commissioner may
adopt rules further interpreting these definitions. For the purposes of this
subsection, "standard industrial classification code" means the code
identified in RCW 50.29.025(6)(c).
(3)
"Dislocated salmon fishing worker" means a ((salmon)) finfish
products worker who: (a)(i) Has been terminated or received notice of
termination from employment and is unlikely to return to employment in the
individual's principal occupation or previous industry because of a diminishing
demand for his or her skills in that occupation or industry; or (ii) is self-employed
and has been displaced from his or her business because of the diminishing
demand for the business's services or goods; and (b) at the time of last
separation from employment, resided in or was employed in a rural natural
resources impact area.
(4)
"Salmon fishing worker" means a worker in the ((salmon)) finfish
industry affected by 1994 or future salmon disasters. The workers included
within this definition shall be determined by the employment security
department, but shall include workers employed in the industries involved in
the commercial and recreational harvesting of ((salmon)) finfish
including buying and processing ((salmon)) finfish. The
commissioner may adopt rules further interpreting these definitions.
Sec.
6. RCW
43.31.641 and 1995 c 226 s 4 are each amended to read as follows:
The
department of community, trade, and economic development, as a member of the
agency rural community assistance task force, shall:
(1)
((Implement an expanded value-added forest products development industrial
extension program. The department shall provide technical assistance to small
and medium-sized forest products companies to include:
(a)
Secondary manufacturing product development;
(b)
Plant and equipment maintenance;
(c)
Identification and development of domestic market opportunities;
(d)
Building products export development assistance;
(e)
At-risk business development assistance;
(f)
Business network development; and
(g)
Timber impact area industrial diversification.
(2)
Provide local contracts for small and medium-sized forest product companies,
start-ups, and business organizations for business feasibility, market
development, and business network contracts that will benefit value-added
production efforts in the industry.
(3)
Contract with local business organizations in timber impact areas for
development of programs to promote industrial diversification. The department
shall provide local capacity-building grants to local governments and
community-based organizations in timber impact areas, which may include
long-range planning and needs assessments.
For
the 1991‑93 biennium, the department of community, trade, and economic
development shall use funds appropriated for this section for contracts and for
no more than two additional staff positions)) Administer
available federal grant funds to support strategic diversification needs and
opportunities of timber-dependent communities, value-added forest products
firms, and the value-added forest products industry in Washington state.
(2)
Provide value-added wood products companies with building products export
development assistance.
Sec.
7. RCW
43.63A.440 and 1995 c 226 s 13 are each amended to read as follows:
The
department of community, trade, and economic development shall provide
technical and financial assistance to communities adversely impacted by
reductions in timber harvested from federal, state, and private lands and
reduction of salmon fishing caused by efforts to maintain the long-term
viability of salmon stocks. ((This assistance shall include the formation
and implementation of community economic development plans. The department of
community, trade, and economic development shall utilize existing state
technical and financial assistance programs, and shall aid communities in
seeking private and federal financial assistance for the purposes of this
section. The department may contract for services provided for under this
section)) The department shall use existing technical and financial
assistance resources to aid communities in planning, implementing, and
assembling financing for high priority community economic development projects.
Sec.
8. RCW
43.160.020 and 1996 c 51 s 2 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Board" means the community economic revitalization board.
(2)
"Bond" means any bond, note, debenture, interim certificate, or other
evidence of financial indebtedness issued by the board pursuant to this
chapter.
(3)
"Department" means the department of community, trade, and economic
development.
(4)
"Financial institution" means any bank, savings and loan association,
credit union, development credit corporation, insurance company, investment
company, trust company, savings institution, or other financial institution approved
by the board and maintaining an office in the state.
(5)
"Industrial development facilities" means "industrial
development facilities" as defined in RCW 39.84.020.
(6)
"Industrial development revenue bonds" means tax-exempt revenue bonds
used to fund industrial development facilities.
(7)
"Local government" or "political subdivision" means any
port district, county, city, town, special purpose district, and any other
municipal corporations or quasi-municipal corporations in the state providing
for public facilities under this chapter.
(8)
"Sponsor" means any of the following entities which customarily
provide service or otherwise aid in industrial or other financing and are
approved as a sponsor by the board: A bank, trust company, savings bank,
investment bank, national banking association, savings and loan association,
building and loan association, credit union, insurance company, or any other
financial institution, governmental agency, or holding company of any entity
specified in this subsection.
(9)
"Umbrella bonds" means industrial development revenue bonds from
which the proceeds are loaned, transferred, or otherwise made available to two
or more users under this chapter.
(10)
"User" means one or more persons acting as lessee, purchaser,
mortgagor, or borrower under a financing document and receiving or applying to
receive revenues from bonds issued under this chapter.
(11)
"Public facilities" means bridges, roads, domestic and industrial
water, sanitary sewer, storm sewer, railroad, electricity, natural gas,
buildings or structures, and port facilities.
(12)
"Rural natural resources impact area" means:
(a)
A nonmetropolitan county, as defined by the 1990 decennial census, that meets
((two)) three of the five criteria set forth in subsection (13)
of this section; ((or))
(b)
A nonmetropolitan county with a population of less than forty thousand in
the 1990 decennial census, that meets two of the five criteria as set forth in
subsection (13) of this section; or
(c)
A nonurbanized area, as defined by the 1990 decennial census, that is located
in a metropolitan county that meets ((two)) three of the five
criteria set forth in subsection (13) of this section.
(13)
For the purposes of designating rural natural resources impact areas, the
following criteria shall be considered:
(a)
A lumber and wood products employment location quotient at or above the state
average;
(b)
A commercial salmon fishing employment location quotient at or above the state
average;
(c)
Projected or actual direct lumber and wood products job losses of one hundred
positions or more;
(d)
Projected or actual direct commercial salmon fishing job losses of one hundred
positions or more; and
(e)
An unemployment rate twenty percent or more above the state average. The
counties that meet these criteria shall be determined by the employment
security department for the most recent year for which data is available. For
the purposes of administration of programs under this chapter, the United
States post office five-digit zip code delivery areas will be used to determine
residence status for eligibility purposes. For the purpose of this definition,
a zip code delivery area ((that is located wholly or partially in an
urbanized area or within two)) of which any part is ten miles ((of))
or more from an urbanized area is considered nonurbanized. A
zip code totally surrounded by zip codes qualifying as nonurbanized under this
definition is also considered nonurbanized. The office of financial
management shall make available a zip code listing of the areas to all agencies
and organizations providing services under this chapter.
Sec.
9. RCW
43.160.076 and 1996 c 51 s 7 are each amended to read as follows:
(1)
Except as authorized to the contrary under subsection (2) of this section, from
all funds available to the board for financial assistance in a biennium, the
board shall spend at least ((fifty)) seventy-five percent for
financial assistance for projects in distressed counties or rural natural
resources impact areas. For purposes of this section, the term
"distressed counties" includes any county, in which the average level
of unemployment for the three years before the year in which an application for
financial assistance is filed, exceeds the average state employment for those
years by twenty percent.
(2)
If at any time during the last six months of a biennium the board finds that
the actual and anticipated applications for qualified projects in distressed
counties or rural natural resources impact areas are clearly insufficient to
use up the ((fifty)) seventy-five percent allocation, then the
board shall estimate the amount of the insufficiency and during the remainder
of the biennium may use that amount of the allocation for financial assistance
to projects not located in distressed counties or rural natural resources
impact areas.
Sec.
10. 1995
c 226 s 7 (uncodified) is amended to read as follows:
RCW
43.160.076 and 1991 c 314 s 24 & 1985 c 446 s 6 are each repealed effective
June 30, ((1997)) 2000.
Sec.
11. 1995
c 226 s 8 (uncodified) is amended to read as follows:
RCW
43.160.200 expires June 30, ((1997)) 2000.
Sec.
12. 1995
c 226 s 9 (uncodified) is amended to read as follows:
RCW
43.160.210 shall take effect June 30, ((1997)) 2000.
Sec.
13. RCW
28B.50.030 and 1995 c 226 s 17 are each amended to read as follows:
As
used in this chapter, unless the context requires otherwise, the term:
(1)
"System" shall mean the state system of community and technical
colleges, which shall be a system of higher education.
(2)
"Board" shall mean the work force training and education coordinating
board.
(3)
"College board" shall mean the state board for community and
technical colleges created by this chapter.
(4)
"Director" shall mean the administrative director for the state
system of community and technical colleges.
(5)
"District" shall mean any one of the community and technical college
districts created by this chapter.
(6)
"Board of trustees" shall mean the local community and technical
college board of trustees established for each college district within the
state.
(7)
"Occupational education" shall mean that education or training that
will prepare a student for employment that does not require a baccalaureate
degree.
(8)
"K‑12 system" shall mean the public school program including
kindergarten through the twelfth grade.
(9)
"Common school board" shall mean a public school district board of
directors.
(10)
"Community college" shall include those higher education institutions
that conduct education programs under RCW 28B.50.020.
(11)
"Technical college" shall include those higher education institutions
with the sole mission of conducting occupational education, basic skills,
literacy programs, and offering on short notice, when appropriate, programs
that meet specific industry needs. The programs of technical colleges shall
include, but not be limited to, continuous enrollment, competency-based instruction,
industry-experienced faculty, curriculum integrating vocational and basic
skills education, and curriculum approved by representatives of employers and
labor. For purposes of this chapter, technical colleges shall include Lake
Washington Vocational-Technical Institute, Renton Vocational-Technical
Institute, Bates Vocational-Technical Institute, Clover Park Vocational
Institute, and Bellingham Vocational-Technical Institute.
(12)
"Adult education" shall mean all education or instruction, including
academic, vocational education or training, basic skills and literacy training,
and "occupational education" provided by public educational
institutions, including common school districts for persons who are eighteen
years of age and over or who hold a high school diploma or certificate.
However, "adult education" shall not include academic education or
instruction for persons under twenty-one years of age who do not hold a high
school degree or diploma and who are attending a public high school for the
sole purpose of obtaining a high school diploma or certificate, nor shall
"adult education" include education or instruction provided by any
four year public institution of higher education.
(13)
"Dislocated forest product worker" shall mean a forest products worker
who: (a)(i) Has been terminated or received notice of termination from
employment and is unlikely to return to employment in the individual's
principal occupation or previous industry because of a diminishing demand for
his or her skills in that occupation or industry; or (ii) is self-employed and
has been displaced from his or her business because of the diminishing demand
for the business's services or goods; and (b) at the time of last separation
from employment, resided in or was employed in a rural natural resources impact
area.
(14)
"Forest products worker" shall mean a worker in the forest products
industries affected by the reduction of forest fiber enhancement,
transportation, or production. The workers included within this definition
shall be determined by the employment security department, but shall include
workers employed in the industries assigned the major group standard industrial
classification codes "24" and "26" and the industries
involved in the harvesting and management of logs, transportation of logs and
wood products, processing of wood products, and the manufacturing and
distribution of wood processing and logging equipment. The commissioner may
adopt rules further interpreting these definitions. For the purposes of this subsection,
"standard industrial classification code" means the code identified
in RCW 50.29.025(6)(c).
(15)
"Dislocated salmon fishing worker" means a ((salmon)) finfish
products worker who: (a)(i) Has been terminated or received notice of
termination from employment and is unlikely to return to employment in the
individual's principal occupation or previous industry because of a diminishing
demand for his or her skills in that occupation or industry; or (ii) is
self-employed and has been displaced from his or her business because of the
diminishing demand for the business's services or goods; and (b) at the time of
last separation from employment, resided in or was employed in a rural natural
resources impact area.
(16)
"Salmon fishing worker" means a worker in the ((salmon)) finfish
industry affected by 1994 or future salmon disasters. The workers included
within this definition shall be determined by the employment security
department, but shall include workers employed in the industries involved in
the commercial and recreational harvesting of ((salmon)) finfish
including buying and processing ((salmon)) finfish. The
commissioner may adopt rules further interpreting these definitions.
(17)
"Rural natural resources impact area" means:
(a)
A nonmetropolitan county, as defined by the 1990 decennial census, that meets
((two)) three of the five criteria set forth in subsection (18)
of this section; ((or))
(b)
A nonmetropolitan county with a population of less than forty thousand in
the 1990 decennial census, that meets two of the five criteria as set forth in
subsection (18) of this section; or
(c)
A nonurbanized area, as defined by the 1990 decennial census, that is located
in a metropolitan county that meets ((two)) three of the five
criteria set forth in subsection (18) of this section.
(18)
For the purposes of designating rural natural resources impact areas, the
following criteria shall be considered:
(a)
A lumber and wood products employment location quotient at or above the state
average;
(b)
A commercial salmon fishing employment location quotient at or above the state
average;
(c)
Projected or actual direct lumber and wood products job losses of one hundred
positions or more;
(d)
Projected or actual direct commercial salmon fishing job losses of one hundred
positions or more; and
(e)
An unemployment rate twenty percent or more above the state average. The
counties that meet these criteria shall be determined by the employment
security department for the most recent year for which data is available. For
the purposes of administration of programs under this chapter, the United
States post office five-digit zip code delivery areas will be used to determine
residence status for eligibility purposes. For the purpose of this definition,
a zip code delivery area ((that is located wholly or partially in an
urbanized area or within two)) of which any part is ten miles ((of))
or more from an urbanized area is considered nonurbanized. A
zip code totally surrounded by zip codes qualifying as nonurbanized under this
definition is also considered nonurbanized. The office of financial
management shall make available a zip code listing of the areas to all agencies
and organizations providing services under this chapter.
Sec.
14. RCW
28B.80.570 and 1995 c 226 s 20 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout RCW 28B.80.575 through 28B.80.585.
(1)
"Board" means the higher education coordinating board.
(2)
"Dislocated forest products worker" means a forest products worker
who: (a)(i) Has been terminated or received notice of termination from
employment and is unlikely to return to employment in the individual's
principal occupation or previous industry because of a diminishing demand for
his or her skills in that occupation or industry; or (ii) is self-employed and
has been displaced from his or her business because of the diminishing demand
for the business's services or goods; and (b) at the time of last separation
from employment, resided in or was employed in a rural natural resources impact
area.
(3)
"Forest products worker" means a worker in the forest products
industries affected by the reduction of forest fiber enhancement, transportation,
or production. The workers included within this definition shall be determined
by the employment security department, but shall include workers employed in
the industries assigned the major group standard industrial classification
codes "24" and "26" and the industries involved in the
harvesting and management of logs, transportation of logs and wood products,
processing of wood products, and the manufacturing and distribution of wood
processing and logging equipment. The commissioner may adopt rules further
interpreting these definitions. For the purposes of this subsection,
"standard industrial classification code" means the code identified
in RCW 50.29.025(6)(c).
(4)
"Dislocated salmon fishing worker" means a ((salmon)) finfish
products worker who: (a)(i) Has been terminated or received notice of
termination from employment and is unlikely to return to employment in the
individual's principal occupation or previous industry because of a diminishing
demand for his or her skills in that occupation or industry; or (ii) is
self-employed and has been displaced from his or her business because of the
diminishing demand for the business's services or goods; and (b) at the time of
last separation from employment, resided in or was employed in a rural natural
resources impact area.
(5)
"Salmon fishing worker" means a worker in the ((salmon)) finfish
industry affected by 1994 or future salmon disasters. The workers included
within this definition shall be determined by the employment security department,
but shall include workers employed in the industries involved in the commercial
and recreational harvesting of ((salmon)) finfish including
buying and processing ((salmon)) finfish. The commissioner may
adopt rules further interpreting these definitions.
(6)
"Rural natural resources impact area" means:
(a)
A nonmetropolitan county, as defined by the 1990 decennial census, that meets
((two)) three of the five criteria set forth in subsection (7) of
this section; ((or))
(b)
A nonmetropolitan county with a population of less than forty thousand in
the 1990 decennial census, that meets two of the five criteria as set forth in
subsection (7) of this section; or
(c)
A nonurbanized area, as defined by the 1990 decennial census, that is located
in a metropolitan county that meets ((two)) three of the five
criteria set forth in subsection (7) of this section.
(7)
For the purposes of designating rural natural resources impact areas, the
following criteria shall be considered:
(a)
A lumber and wood products employment location quotient at or above the state
average;
(b)
A commercial salmon fishing employment location quotient at or above the state
average;
(c)
Projected or actual direct lumber and wood products job losses of one hundred
positions or more;
(d)
Projected or actual direct commercial salmon fishing job losses of one hundred
positions or more; and
(e)
An unemployment rate twenty percent or more above the state average. The
counties that meet these criteria shall be determined by the employment
security department for the most recent year for which data is available. For
the purposes of administration of programs under this chapter, the United
States post office five-digit zip code delivery areas will be used to determine
residence status for eligibility purposes. For the purpose of this definition,
a zip code delivery area ((that is located wholly or partially in an
urbanized area or within two)) of which any part is ten miles ((of))
or more from an urbanized area is considered nonurbanized. A
zip code totally surrounded by zip codes qualifying as nonurbanized under this
definition is also considered nonurbanized. The office of financial
management shall make available a zip code listing of the areas to all agencies
and organizations providing services under this chapter.
Sec.
15. RCW
28B.80.580 and 1995 c 226 s 22 are each amended to read as follows:
(1)
The board shall contract with institutions of higher education to provide upper
division classes to serve additional placebound students in the rural natural
resources impact areas meeting the following criteria, as determined by the
employment security department: (a) A lumber and wood products employment
location quotient at or above the state average; (b) a commercial salmon
fishing employment location quotient at or above the state average; (c) a
direct lumber and wood products job loss of one hundred positions or more; (d)
projected or actual direct commercial salmon fishing job losses of one hundred
positions or more; and (e) an annual unemployment rate twenty percent above the
state average; and which are not served by an existing state-funded upper
division degree program. The number of full-time equivalent students served in
this manner shall be determined by the applicable omnibus appropriations act.
The board may direct that all the full-time equivalent enrollments be served in
one of the eligible rural natural resources impact areas if it should determine
that this would be the most viable manner of establishing the program and using
available resources. The institutions shall utilize telecommunication
technology, if available, to carry out the purposes of this section. Subject
to the limitations of RCW 28B.15.910, the institutions providing the service
may waive all or a portion of the tuition, and service and activities fees for
dislocated forest products workers and dislocated salmon fishing workers
or their unemployed spouses enrolled as one of the full-time equivalent
students allocated to the college under this section.
(2)
Unemployed spouses of eligible dislocated forest products workers and
dislocated salmon fishing workers may participate in the program, but
tuition and fees may be waived under the program only for the worker or the
spouse and not both.
(3)
Subject to the limitations of RCW 28B.15.910, for any eligible participant, all
or a portion of tuition may be waived for a maximum of ((four semesters or
six quarters within a two-year time period)) ninety quarter credit hours
or sixty semester credit hours earned within four years. The participant
must be enrolled for a minimum of ((ten credits per semester or quarter))
five credit hours per quarter or three credit hours per semester.
Sec.
16. RCW
43.20A.750 and 1995 c 269 s 1901 and 1995 c 226 s 25 are each reenacted and
amended to read as follows:
(1)
The department of social and health services shall help families and workers in
rural natural resources impact areas make the transition through economic
difficulties and shall provide services to assist workers to gain marketable
skills. The department, as a member of the agency rural community assistance
task force and, where appropriate, under an interagency agreement with the
department of community, trade, and economic development, shall provide grants
through the office of the secretary for services to the unemployed in rural
natural resources impact areas and to dislocated salmon fishing workers as
defined in RCW 43.63A.021 who live in urban areas of qualifying rural natural
resource impact counties, including providing direct or referral services,
establishing and operating service delivery programs, and coordinating delivery
programs and delivery of services. These grants may be awarded for family
support centers, reemployment centers, or other local service agencies.
(2)
The services provided through the grants may include, but need not be limited
to: Credit counseling; social services including marital counseling;
psychotherapy or psychological counseling; mortgage foreclosures and utilities
problems counseling; drug and alcohol abuse services; medical services; and
residential heating and food acquisition.
(3)
Funding for these services shall be coordinated through the agency rural
community assistance task force which will establish a fund to provide child
care assistance, mortgage assistance, and counseling which cannot be met
through current programs. No funds shall be used for additional full-time
equivalents for administering this section.
(4)(a)
Grants for family support centers are intended to provide support to families
by responding to needs identified by the families and communities served by the
centers. Services provided by family support centers may include parenting
education, child development assessments, health and nutrition education,
counseling, and information and referral services. Such services may be
provided directly by the center or through referral to other agencies
participating in the interagency team.
(b)
The department shall consult with the council on child abuse or neglect
regarding grants for family support centers.
(5)
"Rural natural resources impact area" means:
(a)
A nonmetropolitan county, as defined by the 1990 decennial census, that meets
((two)) three of the five criteria set forth in subsection (6) of
this section; ((or))
(b)
A nonmetropolitan county with a population of less than forty thousand in
the 1990 decennial census, that meets two of the five criteria as set forth in
subsection (6) of this section; or
(c)
A nonurbanized area, as defined by the 1990 decennial census, that is located
in a metropolitan county that meets ((two)) three of the five
criteria set forth in subsection (6) of this section.
(6)
For the purposes of designating rural natural resources impact areas, the
following criteria shall be considered:
(a)
A lumber and wood products employment location quotient at or above the state
average;
(b)
A commercial salmon fishing employment location quotient at or above the state
average;
(c)
Projected or actual direct lumber and wood products job losses of one hundred
positions or more;
(d)
Projected or actual direct commercial salmon fishing job losses of one hundred
positions or more; and
(e)
An unemployment rate twenty percent or more above the state average. The
counties that meet these criteria shall be determined by the employment
security department for the most recent year for which data is available. For
the purposes of administration of programs under this chapter, the United
States post office five-digit zip code delivery areas will be used to determine
residence status for eligibility purposes. For the purpose of this definition,
a zip code delivery area ((that is located wholly or partially in an
urbanized area or within two)) of which any part is ten miles ((of))
or more from an urbanized area is considered nonurbanized. A
zip code totally surrounded by zip codes qualifying as nonurbanized under this
definition is also considered nonurbanized. The office of financial
management shall make available a zip code listing of the areas to all agencies
and organizations providing services under this chapter.
Sec.
17. RCW
50.12.270 and 1995 c 226 s 30 are each amended to read as follows:
(1)
Subject to the availability of state or federal funds, the employment security
department, as a member of the agency rural community assistance task force,
shall consult with and may subcontract with local educational institutions,
local businesses, local labor organizations, local associate development
organizations, local private industry councils, local social service
organizations, and local governments in carrying out a program of training and
services, including training through the entrepreneurial training program, for
dislocated workers in rural natural resources impact areas.
(2)
The department shall conduct a survey to determine the actual future employment
needs and jobs skills in rural natural resources impact areas.
(3)
The department shall coordinate the services provided in this section with all
other services provided by the department and with the other economic recovery
efforts undertaken by state and local government agencies on behalf of the
rural natural resources impact areas.
(4)
The department shall make every effort to procure additional federal and other
moneys for the efforts enumerated in this section.
(5)
For the purposes of this section, "rural natural resources impact
area" means:
(a)
A nonmetropolitan county, as defined by the 1990 decennial census, that meets
((two)) three of the five criteria set forth in subsection (6) of
this section; ((or))
(b)
A nonmetropolitan county with a population of less than forty thousand in
the 1990 decennial census, that meets two of the five criteria as set forth in
subsection (6) of this section; or
(c)
A nonurbanized area, as defined by the 1990 decennial census, that is located
in a metropolitan county that meets ((two)) three of the five
criteria set forth in subsection (6) of this section.
(6)
For the purposes of designating rural natural resources impact areas, the
following criteria shall be considered:
(a)
A lumber and wood products employment location quotient at or above the state
average;
(b)
A commercial salmon fishing employment location quotient at or above the state
average;
(c)
Projected or actual direct lumber and wood products job losses of one hundred
positions or more;
(d)
Projected or actual direct commercial salmon fishing job losses of one hundred
positions or more; and
(e)
An unemployment rate twenty percent or more above the state average. The
counties that meet these criteria shall be determined by the employment
security department for the most recent year for which data is available. For
the purposes of administration of programs under this chapter, the United
States post office five-digit zip code delivery areas will be used to determine
residence status for eligibility purposes. For the purpose of this definition,
a zip code delivery area ((that is located wholly or partially in an
urbanized area or within two)) of which any part is ten miles ((of))
or more from an urbanized area is considered nonurbanized. A
zip code totally surrounded by zip codes qualifying as nonurbanized under this
definition is also considered nonurbanized. The office of financial
management shall make available a zip code listing of the areas to all agencies
and organizations providing services under this chapter.
Sec.
18. RCW
43.131.385 and 1995 c 226 s 34 are each amended to read as follows:
The
rural natural resources impact area programs shall be terminated on June 30, ((1998))
2000, as provided in RCW 43.131.386.
Sec.
19. RCW
43.131.386 and 1996 c 168 s 5 are each amended to read as follows:
The
following acts or parts of acts are each repealed, effective June 30, ((1999))
2001:
(1)
RCW 43.31.601 and 1995 c 226 s 1, 1992 c 21 s 2, & 1991 c 314 s 2;
(2)
RCW 43.31.641 and 1995 c 226 s 4, 1993 c 280 s 50, & 1991 c 314 s 7;
(3)
RCW 50.22.090 and 1995 c 226 s 5, 1993 c 316 s 10, 1992 c 47 s 2, & 1991 c
315 s 4;
(4)
RCW 43.160.212 and 1996 c 168 s 4, 1995 c 226 s 6, & 1993 c 316 s 5;
(5)
((RCW 43.31.651 and 1995 c 226 s 10, 1993 c 280 s 51, & 1991 c 314 s 9;
(6))) RCW
43.63A.021 and 1995 c 226 s 11;
(((7)))
(6) RCW 43.63A.600 and 1995 c 226 s 12, 1994 c 114 s 1, 1993 c 280 s 77,
& 1991 c 315 s 23;
(((8)))
(7) RCW 43.63A.440 and 1995 c 226 s 13, 1993 c 280 s 74, & 1989 c
424 s 7;
(((9)))
(8) RCW 43.160.200 and 1995 c 226 s 16, 1993 c 320 s 7, 1993 c 316 s 4,
& 1991 c 314 s 23;
(((10)))
(9) RCW 28B.50.258 and 1995 c 226 s 18 & 1991 c 315 s 16;
(((11)))
(10) RCW 28B.50.262 and 1995 c 226 s 19 & 1994 c 282 s 3;
(((12)))
(11) RCW 28B.80.570 and 1995 c 226 s 20, 1992 c 21 s 6, & 1991 c 315
s 18;
(((13)))
(12) RCW 28B.80.575 and 1995 c 226 s 21 & 1991 c 315 s 19;
(((14)))
(13) RCW 28B.80.580 and 1995 c 226 s 22, 1993 sp.s. c 18 s 34, 1992 c
231 s 31, & 1991 c 315 s 20;
(((15)))
(14) RCW 28B.80.585 and 1995 c 226 s 23 & 1991 c 315 s 21;
(((16)))
(15) RCW 43.17.065 and 1995 c 226 s 24, 1993 c 280 s 37, 1991 c 314 s
28, & 1990 1st ex.s. c 17 s 77;
(((17)))
(16) RCW 43.20A.750 and 1995 c 226 s 25, 1993 c 280 s 38, 1992 c 21 s 4,
& 1991 c 153 s 28;
(((18)))
(17) RCW 43.168.140 and 1995 c 226 s 28 & 1991 c 314 s 20;
(((19)))
(18) RCW 50.12.270 and 1995 c 226 s 30 & 1991 c 315 s 3;
(((20)))
(19) RCW 50.70.010 and 1995 c 226 s 31, 1992 c 21 s 1, & 1991 c 315
s 5; and
(((21)))
(20) RCW 50.70.020 and 1995 c 226 s 32 & 1991 c 315 s 6.
NEW
SECTION. Sec. 20. RCW
43.31.651 and 1995 c 226 s 10, 1993 c 280 s 51, & 1991 c 314
s 9 are each repealed.
NEW
SECTION. Sec. 21. 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. 22. If
any part of this act is found to be in conflict with federal requirements that
are a prescribed condition to the allocation of federal funds to the state, the
conflicting part of this act is inoperative solely to the extent of the
conflict and with respect to the agencies directly affected, and this finding
does not affect the operation of the remainder of this act in its application
to the agencies concerned. The rules under this act shall meet federal
requirements that are a necessary condition to the receipt of federal funds by
the state.
NEW SECTION. Sec. 23. 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 takes effect July 1, 1997.
