THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY COHEN, BELFANTI, GEORGE, THOMAS, MANN, STURLA, CALTAGIRONE, DALEY, DeLUCA, DONATUCCI, FREEMAN, JOSEPHS, KIRKLAND, McGEEHAN, GOODMAN, HARKINS, SABATINA, K. SMITH, WHITE, BRIGGS, CONKLIN, DEASY, FRANKEL, HALUSKA, HENNESSEY, HORNAMAN, JOHNSON, KORTZ, LONGIETTI, MAHONEY, MURT, M. O'BRIEN, PASHINSKI, PAYTON, PRESTON, SANTONI, SIPTROTH, WALKO AND YOUNGBLOOD, APRIL 23, 2009

REFERRED TO COMMITTEE ON LABOR RELATIONS, APRIL 23, 2009  

AN ACT

Establishing the Clean and Green Energy Corps; imposing

additional powers and duties on the Department of Labor and

Industry; and making an appropriation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Clean and

Green Energy Corps Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Corps."  The Clean and Green Energy Corps.

"Corpsmember."  A participant in the Clean and Green Energy

Corps who meets the established criteria set forth under section

6.

"Crewleader."  A participant in the Clean and Green Energy

Corps who meets the established criteria set forth under section

8.

"Department."  The Department of Labor and Industry of the

Commonwealth.

"Project."  Any weatherization or energy efficiency project

carried out by the Clean and Green Energy Corps.

"Secretary."  The Secretary of Labor and Industry of the

Commonwealth.

Section 3.  Establishment.

There is hereby established in the department, the Clean and

Green Energy Corps. The corps shall function in cooperation with

the Pennsylvania Conservation Corps.

Section 4.  Duties of secretary.

The secretary shall:

(1)  Appoint a director who shall act as the

administrative officer of the corps. The director shall

employ the necessary staff and aid in developing projects

that meet the requirements of this act.

(2)  Enroll eligible participants who meet the criteria

established under section 6.

(3)  Employ crewleaders who meet the criteria established

under section 8.

(4)  Review proposed projects.

(5)  Ensure that each corpsmember and crewleader receives

the proper training.

(6)  Apply for and accept grants or contributions of

funds from any public or private source.

(7)  Execute contracts with State and local agencies

containing any terms and conditions deemed necessary and

desirable for the enrollment of corpsmembers in approved

projects. In the case of corpsmember development and

training, execute contracts or cooperative agreements with

Federal agencies, State agencies, local agencies, persons,

firms, partnerships, associations or corporations for the

provision of these services.

(8)  Purchase, rent or otherwise acquire the appropriate

tools, supplies, instruments, equipment or conveniences

needed to complete corpsmember training and projects in

conformity with 62 Pa.C.S. (relating to procurement).

(9)  Authorize the exchange of corpsmembers and

crewleaders with other similar service programs in order to

advance the goals of volunteerism and service. Participation

in exchange programs by corpsmembers and crewleaders shall be

voluntary.

(10)  Develop additional program guidelines or

regulations as the secretary deems necessary to carry out the

provisions of this act.

Section 5.  Work experience projects.

(a)  Purpose.--

(1)  To promote energy independence through efforts that

decrease energy consumption.

(2)  To employ participants in weatherization and energy

efficiency projects for low-income households.

(3)  To accomplish meaningful and productive improvements

relating to energy efficiency.

(4)  To provide development, training and practical work

experience for young individuals in important career fields

relating to energy efficiency.

(5)  To act as preparation for permanent employment for

young adults.

(b)  Duration of program.--The program shall operate year-

round.

(c)  Training.--Crewmembers and crewleaders shall engage in

job training deemed appropriate by the director of the corps in

consultation with the department.

(d)  Project types.--The projects shall engage in shell

improvement measures and other projects that may involve, but

are not limited to, attic and wall insulation, air infiltration

reduction, window replacement and other projects as approved by

the department.

(e)  Project selection.--Members of low-income households may

apply to the corps to be considered for an energy efficiency

project. The director, in consultation with the department,

shall create additional standards for project selection. If the

corps does not receive a sufficient number of applications, the

director shall seek out additional low-income households that

can be submitted for project application. Such project proposals

must still conform to the standards set by the corps and

department for project application and selection.

(f)  Standards.--Work sites of projects shall conform to

appropriate health and safety standards.

(g)  Project restrictions.--Projects shall not include the

removal or cleanup of any toxic waste or other hazardous

substance.

Section 6.  Eligibility for program.

(a)  Criteria.--Persons participating in the corps program

shall be individuals who are:

(1)  At the time of admission into the program, at least

18 years of age and under 26 years of age, with the following

exceptions:

(i)  An individual 16 years of age may participate if

enrolled in an approved work-study program with the

individual's high school.

(ii)  An individual 17 years of age may participate

if the individual:

(A)  is enrolled in an approved work-study

program with the individual's high school;

(B)  has graduated from high school; or

(C)  has attained academic potential, as

certified by the chief administrator of the high

school attended by the individual.

(2)  Domiciled in this Commonwealth for at least six

months prior to admission to the program.

(3)  Registered with the local Job Center for employment.

(4)  Physically and mentally capable of performing labor-

intensive work.

(5)  Able to provide assurance that the applicant did not

withdraw from school for the purpose of participating in the

program.

(b)  Determination.--Eligibility for corpsmembers shall be

determined by the local Job Centers which shall refer eligible

participants to the department. For referral purposes, the Job

Centers shall develop standards for classifying applicants into

various levels of eligibility based on the degree to which an

applicant is economically disadvantaged in accordance with

applicant local labor supply. Local Job Centers shall seek

referrals from schools, local agencies, community-based agencies

and other youth and human service organizations for purposes of

enrolling applicants in corps programs. The local Job Centers

shall refer applicants by order of classification, giving first

priority to applicants between 18 and 21 years of age whose

eligibility is based on financial status as required by joint or

separate employment programs of the Federal and State

Government.

(c)  Hiring preference.--Preference in hiring shall be given

to economically disadvantaged young people, especially those

eligible applicants who receive general assistance, Aid to

Families with Dependent Children (AFDC) or other public

assistance benefits.

(d)  Minors.--Persons 16 and 17 years of age must present an

employment certificate issued under section 1391 of the act of

March 10, 1949 (P.L.30, No.14), known as the Public School Code

of 1949, on the same basis as would be required if they were

employed by a firm, association or corporation.

Section 7.  Compensation.

(a)  Compensation.--Corpsmembers shall receive an hourly wage

no less than the State minimum wage. Corpsmembers who have

successfully completed the program and are enrolled for

additional terms shall be eligible for a higher hourly wage.

(b)  Term of enrollment.--Corpsmembers shall be enrolled for

a one-year period. Upon successful completion of the program,

the corps may have the option of enrolling the participant for

up to an additional two six-month terms. The department shall

refer the names of corpsmembers who have successfully completed

their service to the corps to local Job Centers for assistance

in securing private sector employment. The department may also

provide the names of corpsmembers who have successfully

completed their service to agencies or private sector employers

requesting referrals after obtaining the permission of the

participant.

(c)  Benefits.--Corpsmembers shall not be entitled to any

employee benefits provided to existing employees of the

department except for paid Commonwealth holidays and workers'

compensation coverage, which shall be provided through the funds

appropriated to carry out this act. Wages and weeks spent as a

corpsmember shall not count toward eligibility. Service as and

weeks and wages earned as a corpsmember shall not be used to

qualify an individual for benefits under the act of December 5,

1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the

Unemployment Compensation Law.

(d)  Work hours.--Corpsmembers shall not be scheduled to work

for more than 40 hours per week.

Section 8.  Supervisors.

(a)  Employment.--The corps shall employ and provide

compensation for project supervisors, referred to as

crewleaders.

(b)  Assignment.--Crewleaders shall be assigned to oversee

various projects and act as the site coordinators.

(c)  Criteria for crewleaders.--Persons eligible to be hired

as crewleaders by the department shall be individuals who are:

(1)  Eighteen years of age or older.

(2)  Domiciled in this Commonwealth for at least six

months prior to employment with the corps.

(3)  Physically and mentally capable to perform labor-

intensive work and supervisory duties.

(4)  Not attending a postsecondary institution under

full-time status at the time of the employment and can

provide assurance that the applicant did not leave school for

the purpose of employment with the corps.

(d)  Hourly wage.--Crewleaders shall receive an hourly wage

that exceeds the hourly wage of corpsmembers by a minimum of $5.

(e)  Training.--Crewleaders shall participate in rigorous

training programs to ensure the necessary level of skill and

knowledge needed to supervise and lead the projects. Such

training standards shall be developed by the director of the

corps in consultation with the department.

Section 9.  Volunteers.

The secretary is authorized to recruit, train and accept the

services of individuals to assist, without compensation, in

carrying out the functions of the corps.

Section 10.  Prohibited activities.

The secretary, in administering this act, shall ensure that:

(1)  In employment practices, no individual will be

discriminated against due to the individual's race, color,

gender, religion, national origin or non-job-related handicap

or disability.

(2)  No person shall receive any payment in exchange for

providing a recommendation for a potential corpsmember.

Section 11.  Annual report.

Annually, on April 15, the secretary shall report to the

Chief Clerk of the Senate and the Chief Clerk of the House of

Representatives on the preceding fiscal year's impact of the

program. The report shall include, but not be limited to:

(1)  The number of corpsmembers enrolled.

(2)  The average length of enrollment.

(3)  The extent of job training provided to the

participants.

(4)  Information regarding the completion rate for the

program.

(5)  The progress made by participants after completion

of the program, which may include gained employment or

participation in additional educational opportunities.

(6)  Productivity measures by the type of project funded.

(7)  The amount of money spent on and the estimated total

value of completed projects.

(8)  The estimated amount of money that will be saved

annually due to each completed project.

(9)  The amount of appropriated funds spent on program

administration.

(10)  The number of projects in progress.

Section 12.  Appropriation.

The sum of $2,000,000, or as much thereof as may be

necessary, is hereby appropriated to the Department of Labor and

Industry for the fiscal year July 1, 2009, to June 30, 2010, to

carry out the provisions of this act.

Section 13.  Expiration.

This act and the Clean and Green Energy Corps shall expire

June 30, 2014.

Section 14.  Effective date.

This act shall take effect July 1, 2009.