PRIOR PRINTER'S NO. 2114                      PRINTER'S NO. 2142

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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
    19840S1435B2142                  - 4 -

     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.           <--
    F12L43JAM/19840S1435B2142       - 10 -