PRINTER'S NO. 3832
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 20080H2577B3832 - 2 -
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 20080H2577B3832 - 3 -
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 20080H2577B3832 - 4 -
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 20080H2577B3832 - 5 -
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 20080H2577B3832 - 6 -
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. 20080H2577B3832 - 7 -
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. 20080H2577B3832 - 8 -
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. E13L43RZ/20080H2577B3832 - 9 -