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; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that the jobs for the environment program has successfully provided family-wage jobs to displaced natural resources 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.

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 a timber-dependent community.

(2) "Agreement" means any watershed restoration and jobs program grant, procurement, contract, or other legally binding document.

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

(4) "Impact areas" means rural natural resources impact areas as defined in RCW 43.31.601.

(5) "Account" means the watershed restoration and jobs program account created under section 3 of this act.

(6) 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.

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

(8) "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. (1) The watershed restoration and jobs program account is established in the state treasury. Money in the account may be spent only after appropriation by the legislature and in a manner consistent with this chapter.

(2) Funds from the account must be used to fund watershed restoration and conservation projects which employ affected workers and must be distributed by the task force according to the criteria established under section 5 of this act.

(3) A maximum of fifteen percent of the funds available to the watershed restoration and jobs program may be expended for administrative and technical assistance purposes, including technical assistance provided by the department of fish and wildlife and department of ecology as provided under section 6 of this act.

(4) Except for essential administrative, supervisory, and technical assistance purposes, funds in the account may not be used for hiring permanent state employees.

(5) Funds may not be awarded for:

(a) Administrative rule making;

(b) Community outreach;

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

(e) Incentives or bonuses to salaried employees; or

(f) 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 eight public members but no more than ten, 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) State-wide environmental organizations; and

(h) Community-based private nonprofit organizations with a focus on watershed restoration.

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. Projects from the habitat project lists created pursuant to RCW 75.46.060 that create temporary jobs that provide family wages and benefits to affected natural resource workers must receive priority. 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 determinations, 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. (1) For recruitment purposes, the task force shall give notification of potential new jobs to local employment security offices, local labor organizations, and central labor councils in the area of funding. The list must include the number, location, and types of jobs expected to be provided by each project. The employment security department may recruit additional dislocated workers for these jobs, when needed, by:

(a) Notifying dislocated fishers and forest 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 who have at least a two-year work history in a timber-dependent community;

(c) Developing a pool of unemployed workers, including high-risk youth, eligible to enroll in the program who have at least a two-year work history in a timber-dependent community; and

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

The workers listed in (a) of this subsection must be notified first.

(2) The employment security department shall certify and refer eligible workers to employers hiring under the watershed restoration and jobs program. Recipients of funds must consider the list of eligible workers developed by the employment security department before conducting interviews or making hiring decisions for dislocated workers entering the program. Workers may receive opportunities for vocational training, job placement, and remedial education. The employment security department shall audit each employer at the beginning of each project and every three months thereafter and certify that dislocated fishers and forest workers are being utilized to the greatest extent possible.

(3) Persons receiving funds from the account are not to be considered state employees for the purposes of existing provisions of law with respect to hours of work, sick leave, vacation, and civil service but may receive health benefits. Persons receiving funds from the account who are hired by a state agency may receive medical and dental benefits under chapter 41.05 RCW and industrial insurance coverage under Title 51 RCW, but are exempt from the provisions of chapter 41.06 RCW.

(4) Employment under this program may not result in the displacement or partial displacement, whether by the reduction of hours of nonovertime work, wages, and benefits, or other employment benefits, of currently employed workers, including but not limited to state civil service employees, or of currently or normally contracted services.

(5) With an employer's written consent, workers who must commute daily over sixty miles round trip are eligible for transportation expenses incurred when using a private vehicle.

NEW SECTION. Sec. 8. An individual is considered to be in training with the approval of the commissioner of employment security as defined in RCW 50.20.043 and is eligible for applicable unemployment insurance benefits while participating in and making satisfactory progress in training related to this chapter.

NEW SECTION. Sec. 9. For the purpose of providing the protection of the unemployment compensation system to individuals at the conclusion of training or employment obtained as a result of this chapter, a special base year and benefit year are established.

(1) Only individuals who have entered training or employment provided by the account, and whose employment or training under the account was not considered covered under chapter 50.04 RCW, are to be allowed the special benefit provisions of this chapter.

(2) An application for initial determination made under this chapter must be filed in writing with the employment security department within twenty-six weeks following the week in which the individual commenced employment or training obtained as a result of this chapter. Notice from the individual or from the employing entity or notice of hire from employment security department administrative records satisfies this requirement.

(3) For the purpose of this chapter, a special base year is established for an individual consisting of the first four of the last five completed calendar quarters, or if a benefit year is not established using the first four of the last five completed calendar quarters as the base year, the last four completed calendar quarters immediately prior to the first day of the calendar week in which the individual began employment or training provided by the account.

(4) A special individual benefit year is established consisting of the entire period of training or employment provided by the account and a fifty-two consecutive week period commencing with the first day of the calendar week in which the individual last participated in the employment or training. No special benefit year may have a duration in excess of three hundred twelve calendar days. This special benefit year is not to be established unless the criteria contained in RCW 50.04.030 have been met, except that an individual meeting the requirements of this chapter who has an unexpired benefit year established which would overlap the special benefit year may elect to establish a special benefit year under this chapter, notwithstanding the provisions in RCW 50.04.030 relating to establishment of a subsequent benefit year, and RCW 50.40.010 relating to waiver of rights. This unexpired benefit year is terminated at the beginning of the special benefit year if the individual elects to establish a special benefit year under this chapter.

(5) The individual's weekly benefit amount and maximum amount payable during the special benefit year are governed by the provisions contained in RCW 50.20.120. The individual's basic and continuing right to benefits are governed by the general laws and rules relating to the payment of unemployment compensation benefits to the extent that they are not in conflict with this chapter.

(6) The fact that wages, hours, or weeks worked during the special base year may have been used in computation of a prior valid claim for unemployment compensation may not affect a claim for benefits made under this chapter. However, wages, hours, and weeks worked used in computing entitlement on a claim filed under this chapter are not available or used for establishing entitlement or amount of benefits in any succeeding benefit year.

(7) Benefits paid to an individual filing under this section are not to be charged to the experience rating account of any contribution-paying employer.

NEW SECTION. Sec. 10. The department of labor and industries shall expedite administrative approval of the watershed restoration and jobs program's current wages as the prevailing wages under chapter 39.12 RCW for watershed restoration workers employed under this chapter.

NEW SECTION. Sec. 11. 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 dislocated fishers and forest workers employed by each project;

(2) The number of previously dislocated 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. 12. Sections 1 through 11 of this act are each added to chapter 43.21J RCW.

NEW SECTION. Sec. 13. 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. 14. This act takes effect July 1, 2000.