PRIOR PRINTER'S NO. 2114 PRINTER'S NO. 2142
No. 1435 Session of 1984
INTRODUCED BY JUBELIRER, ZEMPRELLI, SHUMAKER, ANDREZESKI, BODACK, CORMAN, FISHER, HANKINS, HELFRICK, HESS, HOPPER, HOWARD, KRATZER, KUSSE, LINCOLN, LLOYD, LOEPER, LYNCH, MELLOW, MOORE, MUSTO, O'CONNELL, O'PAKE, REIBMAN, ROCKS, ROMANELLI, ROSS, SCANLON, SHAFFER, SINGEL, STAPLETON, STOUT, STREET, WENGER, WILLIAMS, WILT AND HAGER, JUNE 15, 1984
AS AMENDED ON THIRD CONSIDERATION, JUNE 20, 1984
AN ACT 1 Establishing the Pennsylvania Conservation Corps. 2 The General Assembly of the Commonwealth of Pennsylvania 3 hereby enacts as follows: 4 Section 1. Short title. 5 This act shall be known and may be cited as the Pennsylvania 6 Conservation Corps Act. 7 Section 2. Definitions. 8 The following words and phrases when used in this act shall 9 have the meanings given to them in this section unless the 10 context clearly indicates otherwise: 11 "Corps." The Pennsylvania Conservation Corps. 12 "Corpsmember." A participant in the corps pursuant to 13 criteria set forth in section 6. 14 "Crewleader." A participant in the corps who is employed to 15 supervise corpsmembers pursuant to criteria set forth in section
1 8(c). 2 "Department." The Department of Environmental Resources. 3 "Local agency." Any political subdivision located within 4 this Commonwealth. 5 "Secretary." The Secretary of the Department of 6 Environmental Resources. 7 "State agencies." The Fish Commission, Game Commission, 8 Historical and Museum Commission, DEPARTMENT OF ENVIRONMENTAL <-- 9 RESOURCES, Department of Military Affairs and, in the case of 10 job search skills and job application skills, the Department of 11 Labor and Industry. 12 Section 3. Pennsylvania Conservation Corps created. 13 There is hereby created within the Department of 14 Environmental Resources the Pennsylvania Conservation Corps. 15 Section 4. Duties of the secretary. 16 The secretary shall: 17 (1) Employ eligible participants pursuant to section 6 18 in work experience projects. 19 (2) Employ crewleaders pursuant to section 8. 20 (3) Appoint a director who shall act as the 21 administrative officer of the corps. The director shall 22 employ staff necessary to implement the provisions of this 23 act. 24 (4) Develop or review proposed work experience projects 25 submitted to the department by State and local agencies and 26 approve projects that meet the requirements of this act. 27 State agencies eligible to submit work experience projects 28 shall be limited to the Fish Commission, Game Commission, 29 Historical and Museum Commission, Department of Environmental 30 Resources and Department of Military Affairs. The secretary 19840S1435B2142 - 2 -
1 shall insure that work experience projects involve labor 2 intensive improvement activities on public lands or 3 facilities that will result in a future public value and have 4 a potential for future revenue yield. Projects approved by 5 the secretary shall include projects authorized and funded 6 under the under the act of (P.L. , No. ), known as 7 the Recreational Improvement and Rehabilitation Act. 8 (5) Authorize utilization of the corps for approved work 9 experience projects in urban, suburban and rural areas as 10 necessary to carry out the provisions of this act. 11 (6) Execute employment contracts with State and local 12 agencies containing any terms and conditions deemed necessary 13 and desirable for the employment of corpsmembers in approved 14 work experience projects; and in the case of job search 15 skills and job application skills, execute contracts or 16 cooperative agreements with Federal, State or local agencies, 17 persons, firms, partnerships, associations or corporations 18 for the provisions of these services. 19 (7) Authorize utilization of the corps for emergency 20 projects which shall include, but not be limited to, natural 21 disasters, fire prevention and suppression and rescue of lost 22 or injured persons. Corpsmember participation in emergency 23 projects shall be voluntary. Corpsmembers shall receive 24 adequate training prior to participating in an emergency 25 project. 26 (8) Apply for and accept grants or contributions of 27 funds from any public or private source, including the 28 acceptance of Federal funds appropriated by the General 29 Assembly. 30 (9) Purchase, rent or otherwise acquire or obtain 19840S1435B2142 - 3 -
1 personal property, supplies, instruments, tools, equipment or
2 conveniences necessary to complete work experience projects.
3 (10) Develop program guidelines as it deems necessary to
4 fairly and effectively administer this act.
5 Section 5. Work experience projects.
6 (a) Purpose.--The secretary shall ensure that each work
7 experience project established pursuant to the authority granted
8 in section 4 shall provide corpsmembers with job training skills
9 which may include job search skills and job applications skills,
10 and with work experience related to the conservation,
11 improvement or development of natural resources or the
12 enhancement, preservation and maintenance of public lands, water
13 or facilities. Job training may be provided directly by the
14 agency administering the work experience project or by other
15 agencies as provided in subsection (d).
16 (b) Project criteria.--Work experience projects shall be
17 undertaken in urban, suburban and rural areas and shall be
18 selected on the basis of the environmental and natural resource
19 benefits each offers, the opportunities for public use each
20 offers, the on-the-job training value of each, the future public
21 value of the completed project, and the estimated additional
22 revenue to be generated for the Commonwealth or its subdivision <--
23 SUBDIVISIONS from the completion of each project. <--
24 (c) Use of lands; exceptions.--All work experience projects
25 developed or approved and funded by the department shall be
26 limited to public lands and facilities except where a property
27 involving other lands will provide documented public value or
28 benefit. Reimbursement must be provided to the department for
29 that portion of the total costs which does not provide a public
30 benefit. The reimbursement will be retained by the department
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1 for use in the corps program. In the case of emergencies and 2 natural disaster, projects may take place on land or at 3 facilities not owned by the department, other State agencies or 4 local agencies without regard to public benefit and private 5 reimbursement. 6 (d) Coordinated services.--Whenever available and 7 appropriate, job training and placement services provided 8 through other Federal, State and local funded programs such as 9 the Job Training Partnership Act Program, the Community Services 10 Block Grant and the Office of Employment Security shall be 11 coordinated with projects developed under this act to assist 12 eligible participants. Coordinated services may include, but are 13 not limited to, job placement assistance, adult literacy 14 training, job search skills, and job application skills.Whenever 15 possible, eligible participants without a high school diploma 16 shall receive coordinated services that provide an opportunity 17 to obtain an equivalent high school diploma. 18 (e) Standards.--Work sites of work experience projects shall 19 conform to appropriate health and safety standards. 20 (f) Projects not permitted.--Work experience shall not 21 include work on any project for removal or cleaning up of any 22 toxic waste or other hazardous substance. 23 Section 6. Eligibility for program. 24 (a) Criteria.--Persons participating in the corps program 25 shall be young men and women who are: 26 (1) Between the ages of 18 and 21. 27 (2) Economically disadvantaged. 28 (3) Domiciled in the Commonwealth for at least six 29 months prior to participating in the program. 30 (4) Registered with the Office of Employment Security 19840S1435B2142 - 5 -
1 for employment. 2 (5) Physically and mentally capable of performing labor 3 intensive work. 4 (6) Not attending high school or postsecondary 5 institution full time and who provide assurance that they did 6 not leave school for the purpose of participating in the 7 program. Full-time high school and postsecondary students may 8 participate in this program during authorized school 9 vacations. 10 (b) Referrals.--Eligibility for corpsmembers shall be 11 determined by the Office of Employment Security which shall 12 refer eligible participants to the department. If the number of 13 corps jobs is insufficient to employ all eligible individuals 14 who apply for participation in the program, the Office of 15 Employment Security may provide the names of these eligible 16 individuals to private sector employers or to job training 17 programs requesting referrals, so long as the individuals 18 referred agree to the referral being provided. 19 Section 7. Compensation. 20 (a) Six month term.--Corpsmembers shall be employed for a 21 period not to exceed six months. The department shall refer the 22 names of corpsmembers who successfully complete their employment 23 in the corps to the Office of Employment Security for assistance 24 in securing private sector employment or for enrollment in 25 additional job training programs. The department may also 26 provide the names of participants who successfully complete 27 their employment in the corps to private sector employers 28 requesting referrals, with the approval of the participant. 29 (b) Minimum wage.--Corpsmembers shall receive an hourly wage 30 no less than the State minimum wage as provided for by the act 19840S1435B2142 - 6 -
1 of January 17, 1968 (P.L.11, No.5), known as The Minimum Wage 2 Act of 1968. 3 (c) Benefits.--Corpsmembers shall not be entitled to any 4 employee benefits provided to existing employees of the 5 department or other agencies except for workmen's compensation 6 coverage which shall be provided through the funds appropriated 7 to carry out this act NOR SHALL SERVICE AS A CORPSMEMBER QUALIFY <-- 8 AN INDIVIDUAL FOR BENEFITS UNDER THE ACT OF DECEMBER 5, 1936 9 (2ND SP.SESS., 1937 P.L.2897, NO.1), KNOWN AS THE UNEMPLOYMENT 10 COMPENSATION LAW. 11 (d) Work hours.--Corpsmembers shall be scheduled to work the 12 standard work hours of the department or of the State or local 13 agency sponsoring the work experience project. In no instance 14 shall corpsmembers be scheduled to work more than 40 hours per 15 week. Corpsmembers may request and shall be excused for a 16 maximum of ten hours per week from scheduled work hours to 17 participate in job training and placement services which the 18 department determines are in accordance with the provisions of 19 this act. Corpsmembers shall be compensated as set forth in 20 subsection (b) for participating in job training and placement 21 services which the department determines are in accordance with 22 the provisions of this act. 23 Section 8. Supervisors. 24 (a) Personnel.--Whenever possible, the department and other 25 State and local agencies shall use existing employees to 26 supervise the participants working on projects. No funds 27 available for this program shall be expended for the salaries, 28 wages or benefits paid to these existing employees. 29 (b) Funding.--If it is determined by the secretary that 30 supervision of corpsmembers is necessary to carry out corps 19840S1435B2142 - 7 -
1 projects in the department or other State or local agencies, 2 funds available for this program may be expended to pay the 3 wages of crewleaders who shall supervise corpsmembers as 4 prescribed by the department. 5 (c) Crewleader criteria.--Persons eligible to be hired as 6 crewleaders by the department shall be men and women who are: 7 (1) Domiciled in the Commonwealth for at least six 8 months prior to employment in the programs. 9 (2) Registered with the Office of Employment Security 10 for employment. 11 (3) Physically and mentally capable of performing labor 12 intensive work and supervisory duties. 13 (4) Not attending a postsecondary institution full time 14 and who provides assurance that they did not leave school for 15 the purpose of employment as a supervisor in the program. 16 (d) Six-month term.--Crewleaders may be employed by the 17 department for a period that may exceed the six-month limit 18 established for corpsmembers. 19 (e) Hourly wage.--Crewleaders shall receive an hourly wage 20 that does not exceed the hourly wage of corpsmembers by more 21 than $2.00. 22 (f) Benefits.--Crewleaders shall not be entitled to any 23 employee benefits provided to existing employees of the 24 department or of other State or local agencies except for 25 workmen's compensation coverage which shall be provided through 26 the funds appropriated to carry out this act NOR SHALL SERVICE <-- 27 AS A CREWLEADER QUALIFY AN INDIVIDUAL FOR BENEFITS UNDER THE ACT 28 OF DECEMBER 5, 1936 (2ND SP.SESS., 1937 P.L.2897, NO.1), KNOWN 29 AS THE UNEMPLOYMENT COMPENSATION LAW. 30 Section 9. Prohibited activities. 19840S1435B2142 - 8 -
1 The secretary in developing and approving projects, shall 2 assure that: 3 (1) In employment practices, no individual will be 4 discriminated against because of the individual's race, 5 color, religious creed, ancestry, sex, national origin or 6 nonjob related handicap or disability. 7 (2) No person shall make any payment to any other person 8 as compensation for referring an individual as a potential 9 corpsmember. 10 (3) Work available to participants will not be available 11 due to a labor dispute, strike or lockout and shall not be 12 assigned so as to cause a layoff or downgrading or to prevent 13 the return to work of an available competent employee. 14 (4) It shall be unlawful for anyone to demand from any 15 public officer, a corpsmember or crewleader any assessment or 16 percentage of any money or profit, or its equivalent in 17 support, service or any other thing of value, with the 18 understanding, express or implied, that the same may be used 19 or shall be used for political purposes. Nothing contained in 20 this act shall be construed to prohibit voluntary 21 contributions to any political committee or organization for 22 legitimate political and campaign purposes to the extent such 23 contributions are not prohibited by law. 24 Section 10. Annual report. 25 On March 1, 1985, and each year thereafter during the 26 program's existence, the secretary shall report to the Chief 27 Clerk of the House of Representatives and the Secretary of the 28 Senate on the cumulative impact of the program. The report shall 29 include, but not be limited to: 30 (1) Productivity measures by the type of project funded. 19840S1435B2142 - 9 -
1 (2) The number of corpsmembers employed.
2 (3) The average length of employment.
3 (4) The extent of job training provided to participants.
4 (5) The number of participants who find employment after
5 completion of the project.
6 (6) Estimated total dollar value of completed work
7 projects by type of project.
8 (7) Estimated potential revenue from projects completed
9 by corpsmembers.
10 (8) Percentage increase in estimated value of sites
11 constructed or rehabilitated by corpsmembers.
12 (9) Estimated amount of dollar benefits in excess of
13 dollar costs resulting from the program.
14 All recipients of funds for approved projects shall provide the
15 information requested by the department for the purposes of this
16 report.
17 Section 11. Appropriation.
18 For State fiscal year 1984-1985, the sum of $7,500,000 is
19 hereby appropriated to the Department of Environmental Resources
20 from the Pennsylvania Economic Revitalization Fund. No more than
21 25% of the funds available annually for this program may be
22 expended on work experience projects which are submitted by
23 local agencies and approved by the secretary. No more than 3% of
24 the funds available for this program may be expended on program
25 administration.
26 Section 12. Expiration.
27 This act and the Pennsylvania Conservation Corps program
28 shall expire June 30, 1986.
29 Section 13. Effective date.
30 This act shall take effect July 1, 1984 IMMEDIATELY. <--
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