AN
ACT Relating to the Washington conservation corps; amending RCW 43.220.020,
43.220.030, 43.220.040, 43.220.060, 43.220.070, and 43.220.120; adding a new
section to chapter 43.220 RCW; repealing RCW 43.220.050, 43.220.220,
43.220.240, 43.131.383, 43.131.384, 43.220.150 and 43.220.230; and declaring an
emergency.
BE IT ENACTED BY
THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
43.220.020 and 1994 c 264 s 32 are each amended to read as follows:
The Washington conservation corps is hereby created, to be
implemented by the following state departments: The employment security
department, the department of ecology, the department of fish and wildlife, the
department of natural resources, ((the department of agriculture,)) and
the state parks and recreation commission.
Sec.
2. RCW
43.220.030 and 1987 c 367 s 1 are each amended to read as follows:
Program
goals of the Washington conservation corps include:
(1)
Conservation, rehabilitation, and enhancement of the state's natural, historic,
environmental, and recreational resources with emphasis given to projects which
address the following state-wide priorities:
(a)
Timber, fish and wildlife management plan;
(b)
Watershed management plan;
(c)
((1989 centennial celebration and)) Eco-tourism and heritage
tourism;
(d)
((Puget Sound)) State-wide water quality;
(e)
United States-Canada fisheries treaty;
(f)
Public access to and environmental education about stewardship of
natural resources ((through recreational facilities)) on state lands;
(g)
Recreational trails;
(h)
Salmon recovery and volunteer initiatives;
(2)
Development of the state's youth resources through meaningful work experiences;
(3)
Making outdoor and historic resources of the state available for public
enjoyment;
(4)
Teaching of the workings of natural, environmental, and biological systems, as well
as basic employment skills;
(5)
Assisting agencies in carrying out statutory assignments with limited funding
resources; and
(6) Providing needed public services in both urban and rural
settings with emphasis in a distressed area or areas.
Sec.
3. RCW
43.220.040 and 1987 c 367 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)
"Public lands" means any lands or waters, or interests therein, owned
or administered by any agency or instrumentality of the state, federal, or
local government.
(2)
"Corps" means the Washington conservation corps.
(3)
"Corps member" means an individual enrolled in the Washington
conservation corps.
(4)
"Corps member leaders" or "specialists" means members of
the corps who serve in leadership or training capacities or who provide
specialized services other than or in addition to the types of work and
services that are performed by the corps members in general.
(5)
"Council" means the Washington conservation corps coordinating
council.
(6)
"Crew supervisor" means temporary, project, or permanent state
employees who supervise corps members and coordinate work project design and
completion.
(7)
"Distressed area" has the meaning as defined in RCW 43.168.020.
Sec.
4. RCW
43.220.060 and 1987 c 505 s 44 are each amended to read as follows:
(1)
Each state department identified in RCW 43.220.020 shall have the following
powers and duties to carry out its functions relative to the Washington
conservation corps:
(a)
Recruiting and employing staff ((and)), corps members, corps
member leaders, and specialists;
(b)
((Adopting criteria for the selection of applicants to the program from
among the enrollees of the youth employment exchange program;
(c)))
Executing agreements for furnishing the services of the ((employment
conservation program)) corps to carry out conservation corps
programs to any federal, state, or local public agency, any local organization
as specified in this chapter in concern with the overall objectives of the
conservation corps;
(((d)))
(c) Applying for and accepting grants or contributions of funds from any
private source;
(((e)))
(d) Determining a preference for those projects which will provide
long-term benefits to the public, will provide productive training and work
experiences to the members involved, will be labor-intensive, may result in
payments to the state for services performed, and can be promptly completed;
and
(((f)))
(e) Entering into agreements with community colleges within the state's
community and technical college system and other educational institutions
or independent nonprofit agencies to provide special education in basic skills,
including reading, writing, and mathematics for those conservation corps
members who may benefit by participation in such classes. Classes shall be
scheduled after corps working hours. Participation by members is not mandatory
but shall be strongly encouraged. The participation shall be a primary factor
in determining whether the opportunity for corps membership beyond one year
shall be offered. Instruction related to the specific role of the department
in resource conservation shall also be offered, either in a classroom setting
or as is otherwise appropriate.
(2)
The assignment of corps members shall not result in the displacement of
currently employed workers, including partial displacement such as reduction in
hours of nonovertime work, wages, or other employment benefits. Supervising
agencies that participate in the program may not terminate, lay-off, or reduce
the working hours of any employee for the purpose of using a corps member with
available funds. In circumstances where substantial efficiencies or a public
purpose may result, supervising agencies may use corps members to carry out
essential agency work or contractual functions without displacing current employees.
(3)
Facilities, supplies, instruments, and tools of the supervising agency shall be
made available for use by the conservation corps to the extent that such use
does not conflict with the normal duties of the agency. The agency may
purchase, rent, or otherwise acquire other necessary tools, facilities,
supplies, and instruments.
Sec.
5. RCW
43.220.070 and 1995 c 399 s 112 are each amended to read as follows:
(1)
Conservation corps members shall be unemployed residents of the state between
eighteen and twenty-five years of age at the time of enrollment who are
citizens or lawful permanent residents of the United States. The age
requirements may be waived for corps leaders and specialists with special
leadership or occupational skills; such members shall be given special
responsibility for providing leadership, character development, and sense of
community responsibility to the corps members, groups, and work crews to which
they are assigned. The upper age requirement may be waived for residents who
have a sensory or mental handicap. Special effort shall be made to recruit
minority and disadvantaged youth who meet selection criteria of the
conservation corps. Preference shall be given to youths residing in areas,
both urban and rural, in which there exists substantial unemployment exceeding
the state average unemployment rate.
(2)
The legislature finds that people with developmental disabilities would benefit
from experiencing a meaningful work experience, and learning the value of labor
and of membership in a productive society.
The
legislature urges state agencies that are participating in the Washington
conservation corps program to consider for enrollment in the program people who
have developmental disabilities, as defined in RCW 71A.10.020.
If
an agency chooses to enroll people with developmental disabilities in its
Washington conservation corps program, the agency may apply to the United
States department of labor, employment standards administration for a special
subminimum wage certificate in order to be allowed to pay enrollees with
developmental disabilities according to their individual levels of
productivity.
(3)
Corps members shall not be considered state employees. Other provisions of law
relating to civil service, hours of work, rate of compensation, sick leave,
unemployment compensation, state retirement plans, and vacation leave do not
apply to the Washington conservation corps except for the crew ((leaders))
supervisors, who shall be project employees, and the administrative and
supervisory personnel.
(4)
Enrollment shall be for a period of six months which may be extended for ((an))
additional ((six months)) six-month periods by mutual agreement
of the corps and the corps member, not to exceed two years. Corps
members shall be reimbursed at the minimum wage rate established by state or
federal law, whichever is higher, which may be increased by up to five
percent for each additional six-month period worked: PROVIDED, That if
agencies elect to run a residential program, the appropriate costs for room and
board shall be deducted from the corps member's paycheck as provided in chapter
43.220 RCW.
(5) Corps members are to be available at all times for emergency
response services coordinated through the department of community, trade, and
economic development or other public agency. Duties may include sandbagging
and flood cleanup, search and rescue, and other functions in response to
emergencies.
Sec.
6. RCW
43.220.120 and 1994 c 264 s 34 are each amended to read as follows:
(1)
There is established a conservation corps within the department of fish and
wildlife.
(2)
Specific work project areas of the ((game)) fish and wildlife
conservation corps may include the following:
(a)
Habitat development;
(b)
Land clearing;
(c)
Construction projects;
(d)
Noxious weed control;
(e)
Brush cutting;
(f)
Reader board construction;
(g)
Painting;
(h)
Cleaning and repair of rearing ponds;
(i)
Fishtrap construction;
(j)
Brush clearance;
(k)
Spawning channel restoration;
(l)
Log removal;
(m)
Nest box maintenance and cleaning;
(n)
Fence building;
(o)
Winter game feeding and herding;
(p)
Stream rehabilitation;
(q)
Fish hatchery operation and maintenance;
(r)
Fish tagging; and
(s)
Such other projects as the director of fish and wildlife may determine. If
appropriate facilities are available, the director of fish and wildlife may
authorize carrying out projects which involve overnight stays.
NEW
SECTION. Sec. 7. A
new section is added to chapter 43.220 RCW to read as follows:
(1)
An amount not to exceed five percent of the funds available for the Washington
conservation corps may be expended on agency administrative costs. Agency
administrative costs are indirect expenses such as personnel, payroll, contract
administration, fiscal services, and other overhead costs.
(2)
An amount not to exceed twenty percent of the funds available for the
Washington conservation corps may be expended for costs included in subsection
(1) of this section and program support costs. Program support costs include,
but are not limited to, program planning, development of reports, job and
career training, uniforms and equipment, and standard office space and
utilities. Program support costs do not include direct scheduling and
supervision of corps members.
(3)
A minimum of eighty percent of the funds available for the Washington
conservation corps shall be expended for corps member salaries and benefits and
for direct supervision of corps members.
NEW
SECTION. Sec. 8. The
following acts or parts of acts are each repealed:
(1) RCW
43.220.050 (Coordination by youth employment exchange--Powers and
duties) and 1983 1st ex.s. c 40 s 5;
(2) RCW
43.220.220 (Use of funds for enrollees and members from distressed
areas--Youth employment exchange--Evaluation of projects--Training plan) and
1985 c 230 s 2;
(3) RCW
43.220.240 (Staff support--Administration) and 1985 c 230 s 4;
(4) RCW
43.131.383 (Conservation corps--Termination) and 1993 c 516 s 13;
(5) RCW
43.131.384 (Conservation corps--Repeal) and 1993 c 516 s 14;
(6) RCW
43.220.150 (Conservation corps established in department of
agriculture--Work project areas) and 1983 1st ex.s. c 40 s 15; and
(7) RCW
43.220.230 (Limitation on use of funds) and 1990 c 71 s 3 &
1985 c 230 s 3.
NEW SECTION. Sec. 9. 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 immediately.
