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                                                      PRINTER'S NO. 3832

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2577 Session of 2008


        INTRODUCED BY COHEN, BELFANTI, GEORGE, McCALL, BRENNAN,
           CALTAGIRONE, CURRY, DALEY, FRANKEL, FREEMAN, GOODMAN,
           HARKINS, HENNESSEY, HORNAMAN, JAMES, JOSEPHS, KORTZ, KULA,
           LEACH, LONGIETTI, MAHONEY, MANN, McGEEHAN, MELIO, MURT,
           ROEBUCK, SAMUELSON, SANTONI, SIPTROTH, K. SMITH, STURLA,
           THOMAS, WALKO, WHEATLEY, J. WHITE AND YOUNGBLOOD,
           JUNE 2, 2008

        REFERRED TO COMMITTEE ON LABOR RELATIONS, JUNE 2, 2008

                                     AN ACT

     1  Establishing the Clean and Green Energy Corps; imposing
     2     additional powers and duties on the Department of Labor and
     3     Industry; and making an appropriation.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the Clean and
     8  Green Energy Corps Act.
     9  Section 2.  Definitions.
    10     The following words and phrases when used in this act shall
    11  have the meanings given to them in this section unless the
    12  context clearly indicates otherwise:
    13     "Corps."  The Clean and Green Energy Corps.
    14     "Corpsmember."  A participant in the Clean and Green Energy
    15  Corps who meets the established criteria set forth under section
    16  6.

     1     "Crewleader."  A participant in the Clean and Green Energy
     2  Corps who meets the established criteria set forth under section
     3  8.
     4     "Department."  The Department of Labor and Industry of the
     5  Commonwealth.
     6     "Project."  Any weatherization or energy efficiency project
     7  carried out by the Clean and Green Energy Corps.
     8     "Secretary."  The Secretary of Labor and Industry of the
     9  Commonwealth.
    10  Section 3.  Establishment.
    11     There is hereby established in the department, the Clean and
    12  Green Energy Corps. The corps shall function in cooperation with
    13  the Pennsylvania Conservation Corps.
    14  Section 4.  Duties of secretary.
    15     The secretary shall:
    16         (1)  Appoint a director who shall act as the
    17     administrative officer of the corps. The director shall
    18     employ the necessary staff and aid in developing projects
    19     that meet the requirements of this act.
    20         (2)  Enroll eligible participants who meet the criteria
    21     established under section 6.
    22         (3)  Employ crewleaders who meet the criteria established
    23     under section 8.
    24         (4)  Review proposed projects.
    25         (5)  Ensure that each corpsmember and crewleader receives
    26     the proper training.
    27         (6)  Apply for and accept grants or contributions of
    28     funds from any public or private source.
    29         (7)  Execute contracts with State and local agencies
    30     containing any terms and conditions deemed necessary and
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     1     desirable for the enrollment of corpsmembers in approved
     2     projects. In the case of corpsmember development and
     3     training, execute contracts or cooperative agreements with
     4     Federal agencies, State agencies, local agencies, persons,
     5     firms, partnerships, associations or corporations for the
     6     provision of these services.
     7         (8)  Purchase, rent or otherwise acquire the appropriate
     8     tools, supplies, instruments, equipment or conveniences
     9     needed to complete corpsmember training and projects in
    10     conformity with 62 Pa.C.S. (relating to procurement).
    11         (9)  Authorize the exchange of corpsmembers and
    12     crewleaders with other similar service programs in order to
    13     advance the goals of volunteerism and service. Participation
    14     in exchange programs by corpsmembers and crewleaders shall be
    15     voluntary.
    16         (10)  Develop additional program guidelines or
    17     regulations as the secretary deems necessary to carry out the
    18     provisions of this act.
    19  Section 5.  Work experience projects.
    20     (a)  Purpose.--
    21         (1)  To promote energy independence through efforts that
    22     decrease energy consumption.
    23         (2)  To employ participants in weatherization and energy
    24     efficiency projects for low-income households.
    25         (3)  To accomplish meaningful and productive improvements
    26     relating to energy efficiency.
    27         (4)  To provide development, training and practical work
    28     experience for young individuals in important career fields
    29     relating to energy efficiency.
    30         (5)  To act as preparation for permanent employment for
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     1     young adults.
     2     (b)  Duration of program.--The program shall operate year-
     3  round.
     4     (c)  Training.--Crewmembers and crewleaders shall engage in
     5  job training deemed appropriate by the director of the corps in
     6  consultation with the department.
     7     (d)  Project types.--The projects shall engage in shell
     8  improvement measures and other projects that may involve, but
     9  are not limited to, attic and wall insulation, air infiltration
    10  reduction, window replacement and other projects as approved by
    11  the department.
    12     (e)  Project selection.--Members of low-income households may
    13  apply to the corps to be considered for an energy efficiency
    14  project. The director, in consultation with the department,
    15  shall create additional standards for project selection. If the
    16  corps does not receive a sufficient number of applications, the
    17  director shall seek out additional low-income households that
    18  can be submitted for project application. Such project proposals
    19  must still conform to the standards set by the corps and
    20  department for project application and selection.
    21     (f)  Standards.--Work sites of projects shall conform to
    22  appropriate health and safety standards.
    23     (g)  Project restrictions.--Projects shall not include the
    24  removal or cleanup of any toxic waste or other hazardous
    25  substance.
    26  Section 6.  Eligibility for program.
    27     (a)  Criteria.--Persons participating in the corps program
    28  shall be individuals who are:
    29         (1)  At the time of admission into the program, at least
    30     18 years of age and under 26 years of age, with the following
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     1     exceptions:
     2             (i)  An individual 16 years of age may participate if
     3         enrolled in an approved work-study program with the
     4         individual's high school.
     5             (ii)  An individual 17 years of age may participate
     6         if the individual:
     7                 (A)  is enrolled in an approved work-study
     8             program with the individual's high school;
     9                 (B)  has graduated from high school; or
    10                 (C)  has attained academic potential, as
    11             certified by the chief administrator of the high
    12             school attended by the individual.
    13         (2)  Domiciled in this Commonwealth for at least six
    14     months prior to admission to the program.
    15         (3)  Registered with the local Job Center for employment.
    16         (4)  Physically and mentally capable of performing labor-
    17     intensive work.
    18         (5)  Able to provide assurance that the applicant did not
    19     withdraw from school for the purpose of participating in the
    20     program.
    21     (b)  Determination.--Eligibility for corpsmembers shall be
    22  determined by the local Job Centers which shall refer eligible
    23  participants to the department. For referral purposes, the Job
    24  Centers shall develop standards for classifying applicants into
    25  various levels of eligibility based on the degree to which an
    26  applicant is economically disadvantaged in accordance with
    27  applicant local labor supply. Local Job Centers shall seek
    28  referrals from schools, local agencies, community-based agencies
    29  and other youth and human service organizations for purposes of
    30  enrolling applicants in corps programs. The local Job Centers
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     1  shall refer applicants by order of classification, giving first
     2  priority to applicants between 18 and 21 years of age whose
     3  eligibility is based on financial status as required by joint or
     4  separate employment programs of the Federal and State
     5  Government.
     6     (c)  Hiring preference.--Preference in hiring shall be given
     7  to economically disadvantaged young people, especially those
     8  eligible applicants who receive general assistance, Aid to
     9  Families with Dependent Children (AFDC) or other public
    10  assistance benefits.
    11     (d)  Minors.--Persons 16 and 17 years of age must present an
    12  employment certificate issued under section 1391 of the act of
    13  March 10, 1949 (P.L.30, No.14), known as the Public School Code
    14  of 1949, on the same basis as would be required if they were
    15  employed by a firm, association or corporation.
    16  Section 7.  Compensation.
    17     (a)  Compensation.--Corpsmembers shall receive an hourly wage
    18  no less than the State minimum wage. Corpsmembers who have
    19  successfully completed the program and are enrolled for
    20  additional terms shall be eligible for a higher hourly wage.
    21     (b)  Term of enrollment.--Corpsmembers shall be enrolled for
    22  a one-year period. Upon successful completion of the program,
    23  the corps may have the option of enrolling the participant for
    24  up to an additional two six-month terms. The department shall
    25  refer the names of corpsmembers who have successfully completed
    26  their service to the corps to local Job Centers for assistance
    27  in securing private sector employment. The department may also
    28  provide the names of corpsmembers who have successfully
    29  completed their service to agencies or private sector employers
    30  requesting referrals after obtaining the permission of the
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     1  participant.
     2     (c)  Benefits.--Corpsmembers shall not be entitled to any
     3  employee benefits provided to existing employees of the
     4  department except for paid Commonwealth holidays and workers'
     5  compensation coverage, which shall be provided through the funds
     6  appropriated to carry out this act. Wages and weeks spent as a
     7  corpsmember shall not count toward eligibility. Service as and
     8  weeks and wages earned as a corpsmember shall not be used to
     9  qualify an individual for benefits under the act of December 5,
    10  1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
    11  Unemployment Compensation Law.
    12     (d)  Work hours.--Corpsmembers shall not be scheduled to work
    13  for more than 40 hours per week.
    14  Section 8.  Supervisors.
    15     (a)  Employment.--The corps shall employ and provide
    16  compensation for project supervisors, referred to as
    17  crewleaders.
    18     (b)  Assignment.--Crewleaders shall be assigned to oversee
    19  various projects and act as the site coordinators.
    20     (c)  Criteria for crewleaders.--Persons eligible to be hired
    21  as crewleaders by the department shall be individuals who are:
    22         (1)  Eighteen years of age or older.
    23         (2)  Domiciled in this Commonwealth for at least six
    24     months prior to employment with the corps.
    25         (3)  Physically and mentally capable to perform labor-
    26     intensive work and supervisory duties.
    27         (4)  Not attending a postsecondary institution under
    28     full-time status at the time of the employment and can
    29     provide assurance that the applicant did not leave school for
    30     the purpose of employment with the corps.
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     1     (d)  Hourly wage.--Crewleaders shall receive an hourly wage
     2  that exceeds the hourly wage of corpsmembers by a minimum of $5.
     3     (e)  Training.--Crewleaders shall participate in rigorous
     4  training programs to ensure the necessary level of skill and
     5  knowledge needed to supervise and lead the projects. Such
     6  training standards shall be developed by the director of the
     7  corps in consultation with the department.
     8  Section 9.  Volunteers.
     9     The secretary is authorized to recruit, train and accept the
    10  services of individuals to assist, without compensation, in
    11  carrying out the functions of the corps.
    12  Section 10.  Prohibited activities.
    13     The secretary, in administering this act, shall ensure that:
    14         (1)  In employment practices, no individual will be
    15     discriminated against due to the individual's race, color,
    16     gender, religion, national origin or non-job-related handicap
    17     or disability.
    18         (2)  No person shall receive any payment in exchange for
    19     providing a recommendation for a potential corpsmember.
    20  Section 11.  Annual report.
    21     Annually, on April 15, the secretary shall report to the
    22  Chief Clerk of the Senate and the Chief Clerk of the House of
    23  Representatives on the preceding fiscal year's impact of the
    24  program. The report shall include, but not be limited to:
    25         (1)  The number of corpsmembers enrolled.
    26         (2)  The average length of enrollment.
    27         (3)  The extent of job training provided to the
    28     participants.
    29         (4)  Information regarding the completion rate for the
    30     program.
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     1         (5)  The progress made by participants after completion
     2     of the program, which may include gained employment or
     3     participation in additional educational opportunities.
     4         (6)  Productivity measures by the type of project funded.
     5         (7)  The amount of money spent on and the estimated total
     6     value of completed projects.
     7         (8)  The estimated amount of money that will be saved
     8     annually due to each completed project.
     9         (9)  The amount of appropriated funds spent on program
    10     administration.
    11         (10)  The number of projects in progress.
    12  Section 12.  Appropriation.
    13     The sum of $2,000,000, or as much thereof as may be
    14  necessary, is hereby appropriated to the Department of Labor and
    15  Industry for the fiscal year July 1, 2008, to June 30, 2009, to
    16  carry out the provisions of this act.
    17  Section 13.  Expiration.
    18     This act and the Clean and Green Energy Corps shall expire
    19  June 30, 2013.
    20  Section 14.  Effective date.
    21     This act shall take effect July 1, 2008.






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