BP BHEAD INT H [atlas:bill]

AN ACT Relating to creating a program for employing affected natural resource workers in habitat restoration and enhancement; adding new sections to chapter 43.21J RCW; repealing RCW 43.21J.005, 43.21J.010, 43.21J.020, 43.21J.030, 43.21J.040, 43.21J.050, 43.21J.060, 43.21J.070, 43.21J.800, 43.21J.900, 43.21J.901, 43.21J.902, 43.21J.903, and 43.21J.904; making an appropriation; and providing an effective date.

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

NEW SECTION. Sec. 1. (1) The legislature finds that the jobs for the environment program has successfully provided family-wage jobs to dislocated natural resource workers while completing important conservation projects. It is important that this program be updated for continued operation in the twenty-first century. This is especially true because the jobs for the environment program has been operated solely through omnibus appropriations bills since its inception, and requires policy guidance.

(2) Therefore, the watershed restoration and jobs program is created, with the dual purpose of employing dislocated natural resource workers and completing crucial watershed restoration and conservation projects.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Affected natural resource worker" means those workers eligible to receive wages and benefits through the watershed restoration and jobs program, including:

(a) Workers previously employed under the jobs for the environment program;

(b) Workers in a qualified natural resource training program, such as a state-approved apprenticeship program;

(d) Other workers from fisheries and timber-dependent communities who have at least a two-year work history in such a community.

(2) "Conservation" means activities that support the sustainability of critical watershed functions, including activities such as field assessment of conditions prior to initiating restoration work, and field and mapping functions related to stream typing.

(3) For the purposes of determining eligibility as a direct applicant to the watershed restoration and jobs program, "private for-profit" means a small business, as defined under RCW 19.85.020. Any for-profit business is eligible to receive funds as a subcontractor to a locally funded project, regardless of the business size.

(4) "Task force" means the watershed restoration and jobs program task force created under section 4 of this act.

(5) "Watershed restoration" means altering current conditions in measurable ways to provide water quality and habitat adequate to contribute to the sustainability of healthy, diverse populations of fish and wildlife within a watershed.

NEW SECTION. Sec. 3. An amount not to exceed fifteen percent of the funds available for the watershed restoration and jobs program may be expended on agency administrative costs and technical assistance provided by the department of fish and wildlife and department of ecology as provided under section 6 of this act. Except for essential administrative, supervisory, and technical assistance purposes, funds may not be used for hiring permanent state employees.

Funds may not be used for:

(1) Administrative rule making;

(2) Community outreach;

(3) Acquisition of real property;

(4) Mitigation work required under state or federal permits;

(5) Incentives or bonuses to salaried employees; or

(6) Marketing studies or research.

NEW SECTION. Sec. 4. The watershed restoration and jobs program task force is created within the department of natural resources. The purpose of the task force is to provide a coordinated and comprehensive approach to the implementation of this chapter. The task force consists of the following representatives or their designees:

(1) The commissioner of public lands;

(2) The director of the department of fish and wildlife;

(3) The director of the department of ecology;

(4) The director of the work force training and education coordinating board;

(5) The governor's rural community assistance team coordinator;

(6) A tribal representative;

(7) A federal agency representative from among participating federal agencies; and

(8) At least nine but no more than eleven public members, selected at large, representing community and nongovernmental interests.

The public members shall include at least one representative from:

(a) State-wide rural community economic development organizations;

(b) Conservation districts;

(d) Fishing and shellfish industry;

(e) Organized labor;

(f) The timber industry;

(g) The construction industry;

(h) State-wide environmental organizations; and

(i) Community-based private nonprofit organizations with a focus on watershed restoration or conservation.

The representatives of the tribal, federal, and public members shall serve three-year terms, except for one-third who shall serve an initial term of one year, and one-third who shall serve an initial term of two years. The task force may seek the advice of other agencies and organizations as needed. The commissioner of public lands shall appoint the chair and public members. The governor shall appoint the governmental members of the task force. A task force quorum for meetings consists of at least one-half of the government and at least one-half plus one of the community, tribal, and public members. All members shall serve without additional pay, except that public representatives may have travel costs reimbursed. Participation in the work of the committee by agency members is considered performance of their employment. The department of natural resources shall provide staff and administrative support to the task force and shall solicit the participation of agency personnel to assist the task force as needed.

NEW SECTION. Sec. 5. The task force shall evaluate and recommend proposals for funding watershed restoration and conservation projects that employ affected natural resource workers. The task force shall give priority consideration to projects from the habitat project lists created pursuant to RCW 75.46.060 that create temporary jobs providing family wages and benefits to affected natural resource workers. The task force may fund other watershed restoration and conservation projects on a secondary basis. Jobs that avoid redislocating natural resource workers from the watershed restoration and jobs program must be given added consideration over those that do not. Priority must be given to the workers listed in section 2(1) (a) through (c) of this act.

In making funding recommendations, the task force shall consider whether projected improvements in water or habitat quality and quantity are quantifiable. The task force shall also consider whether the project is sponsored or cosponsored by tribes or private for-profits to provide funds, equipment time, materials, or technical expertise, including training, to match state or federal funds. The watershed restoration and jobs program shall strongly promote training that is offered through a state-approved natural resource apprenticeship program, whenever practicable, in the area.

The task force shall submit to the appropriate standing committees of the legislature a biennial report summarizing the benefits created by the projects funded under this chapter and shall make recommendations for improving the watershed restoration and jobs program.

NEW SECTION. Sec. 6. (1) The department of natural resources shall implement and administer the watershed restoration and jobs program.

(2) The department of fish and wildlife shall provide technical assistance and expertise in addressing fish and wildlife issues.

(3) The department of ecology shall provide technical assistance and expertise in addressing water quality issues.

NEW SECTION. Sec. 7. The employment security department shall refer eligible affected natural resource workers to employers hiring under the watershed restoration and jobs program. Recipients of funds must consider the list of workers developed by the employment security department before conducting interviews or making hiring decisions for workers entering the program.

NEW SECTION. Sec. 8. On or before January 1, 2002, the department of natural resources shall prepare a report to the legislature evaluating the implementation of this chapter. The following indicators of success must be reported:

(1) The number of affected natural resource workers employed by each project;

(2) The number of previously affected natural resource workers employed and trained through the watershed restoration and jobs program who have found long-term employment;

(3) Active use by sponsors of one or more training curriculum for watershed restoration workers that promote effective and consistent skills needed by restoration workers;

(4) Whether project design guidelines have been prepared and applied that are based on generally accepted standards and techniques;

(5) The number of funded projects underway in a timely manner;

(6) The number of projects started versus successfully completed and effectively documented; and the completion of a credible program review allowing the program to learn from individual project strengths and weaknesses;

(7) Whether the program's local match requirements are achieving the expected results of promoting strong local support;

(8) The effectiveness and quantity of on-the-ground accomplishments, for example, miles of stream bed or riparian area restored, miles of forest roads impacting water quality that are decommissioned, and the effectiveness of stream bank projects to reduce sedimentation; and

(9) Whether local watershed health indicators have been established and are being adequately monitored and reported on to determine area-wide progress in meeting watershed health goals.

NEW SECTION. Sec. 9. Sections 1 through 8 of this act are each added to chapter 43.21J RCW.

NEW SECTION. Sec. 10. The following acts or parts of acts are each repealed:

(1) RCW 43.21J.005 (Legislative findings) and 1993 c 516 s 1;

(2) RCW 43.21J.010 (Intent--Purpose--Definitions) and 1995 c 226 s 26 & 1993 c 516 s 2;

(3) RCW 43.21J.020 (Environmental and forest restoration account) and 1993 c 516 s 3;

(4) RCW 43.21J.030 (Environmental enhancement and job creation task force) and 1998 c 245 s 60, 1994 c 264 s 17, & 1993 c 516 s 5;

(5) RCW 43.21J.040 (Environmental enhancement and restoration project proposals--Evaluation--Award of funds) and 1993 c 516 s 4;

(6) RCW 43.21J.050 (Training or employment) and 1993 c 516 s 8;

(7) RCW 43.21J.060 (Unemployment compensation benefits--Training) and 1993 c 516 s 9;

(8) RCW 43.21J.070 (Unemployment compensation benefits--Special base year and benefit year) and 1993 c 516 s 10;

(9) RCW 43.21J.800 (Joint legislative audit and review committee report) and 1996 c 288 s 36 & 1993 c 516 s 11;

(10) RCW 43.21J.900 (Short title--1993 c 516) and 1993 c 516 s 15;

(11) RCW 43.21J.901 (Section captions and part headings--1993 c 516) and 1993 c 516 s 16;

(12) RCW 43.21J.902 (Severability--1993 c 516) and 1993 c 516 s 17;

(13) RCW 43.21J.903 (Conflict with federal requirements--1993 c 516) and 1993 c 516 s 19; and

(14) RCW 43.21J.904 (Effective date--1993 c 516) and 1993 c 516 s 20.

NEW SECTION. Sec. 11. Sections 1 through 10 of this act take effect July 1, 2000.

NEW SECTION. Sec. 12. The sum of three million three hundred thirty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2001, from the salmon recovery account to the department of natural resources for the purposes of this act.