THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY KITCHEN, FONTANA, STACK, COSTA, BOSCOLA, WILLIAMS, FERLO, FARNESE AND WASHINGTON, APRIL 25, 2011

REFERRED TO LABOR AND INDUSTRY, APRIL 25, 2011  

AN ACT

Amending the act of July 9, 2008 (1st Sp.Sess., P.L.1873, No.1),

entitled "An act providing for alternative sources of energy;

establishing the Alternative Energy Development Program, the

Consumer Energy Program, the Home Energy Efficiency Loan

Program, the Home Energy Efficiency Loan Fund and the

Alternative Energy Production Tax Credit Program; and

providing for the powers and duties of the Department of

Environmental Protection," further providing for pollution

control technology projects; and providing for energy service

project grants, for green work force training and for a

transfer of funds.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 304(a) of the act of July 9, 2008 (1st

Sp.Sess., P.L.1873, No.1), known as the Alternative Energy

Investment Act, is amended to read:

Section 304.  Pollution control technology projects.

(a)  Allocation.--The sum of [$25,000,000] $10,000,000 shall

be transferred by the authority to the department for pollution

control technology projects. The funds shall be utilized for

grants to electric generating units or cogeneration units, as

defined under 25 Pa. Code § 123.202 (relating to definitions),

that utilize coal, as defined under 25 Pa. Code § 123.202, as

their primary fuel source, and that have an installed capacity

of less than 500 megawatts, located in this Commonwealth.

* * *

Section 2.  The act is amended by adding a section to read:

Section 308.  Green work force training.

The sum of $15,000,000 shall be transferred by the department

to the Department of Labor and Industry in accordance with

section 907 for purposes of providing green work force training

grants under Chapter 9.

Section 3.  The act is amended by adding a chapter to read:

CHAPTER 9

GREEN WORK FORCE TRAINING

Section 901.  Scope of chapter.

This chapter relates to green work force training.

Section 902.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Applicant."  An eligible entity that applies for a grant

under section 903.

"Area vocational-technical schools and technical institutes."

As used under Article XVIII of the act of March 10, 1949

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

"Authority."  The Commonwealth Financing Authority.

"Community college."  As defined in section 2001-C of the act

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

Code of 1949.

"Crime of violence."  As defined in 42 Pa.C.S. § 9714(g)

(relating to sentences for second and subsequent offenses).

"Educational institution."  Any of the following:

(1)  An area vocational-technical school and technical

institute.

(2)  A community college.

(3)  A junior college.

(4)  An intermediate unit.

(5)  A private licensed school.

(6)  An independent institution of higher education.

(7)  A State-owned institution of higher education.

(8)  A State-related institution of higher education.

"Eligible entity."  An educational institution or a labor

organization.

"Eligible individual."  Any of the following who is a

resident of this Commonwealth:

(1)  A worker in an industry impacted by national and

State energy and environmental policy.

(2)  An individual in need of updated training related to

the energy efficiency and renewable energy industries.

(3)  A veteran or a past or present member of a reserve

component of the armed forces.

(4)  An unemployed individual.

(5)  A low-income individual.

(6)  A formerly incarcerated or adjudicated nonviolent

offender.

"Eligible industry."  An energy efficiency or renewable

energy industry, including:

(1)  the energy-efficient building, construction and

retrofits industries;

(2)  the renewable electric power industry;

(3)  the biofuels industry;

(4)  the energy efficiency assessment industry;

(5)  manufacturers of energy-efficient or renewable

energy products or materials; and

(6)  any other industry deemed eligible by the Department

of Labor and Industry.

"Grant."  A grant issued under this chapter.

"Independent institution of higher education."  As defined in

section 2001-C of the act of March 10, 1949 (P.L.30, No.14),

known as the Public School Code of 1949.

"Junior college."  An institution of higher education which:

(1)  offers the first two years of a four-year

postsecondary educational program; and

(2)  is approved by the Department of Education under 22

Pa. Code Ch. 42 (relating to program approval).

"Labor organization."  An organization, agency or employee

representation committee or plan within this Commonwealth:

(1)  in which employees participate; and

(2)  which exists for the purpose, in whole or in part,

of dealing with disputes between an employer and its

employees involving grievances, labor disputes, wages, rates

of pay, hours of employment or conditions of work. The term

does not include an organization, agency, committee or plan

which practices discrimination in membership because of race,

color, creed, national origin, sex or political affiliation.

"Low-income individual."  An individual with monthly income

at or below 200% of the poverty level established by the Bureau

of the Census.

"Nonviolent offender."  A person who has not committed a:

(1)  crime of violence; or

(2)  sexual offense enumerated under 42 Pa.C.S. §

9795.1(a) and (b) (relating to registration).

"Private company."  Any business, professional service

company or other enterprise. The term includes a group of at

least two private companies operating as a consortium in order

to take advantage of a common training program. The term does

not include a point-of-sale retail business.

"Private licensed school."  As defined in section 2 of the

act of December 15, 1986 (P.L.1585, No.174), known as the

Private Licensed Schools Act.

"Reserve component of the armed forces."  The United States

Army Reserve, United States Navy Reserve, United States Marine

Corps Reserve, United States Coast Guard Reserve, United States

Air Force Reserve, Pennsylvania Army National Guard and

Pennsylvania Air National Guard.

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

Commonwealth.

"State-owned institution of higher education."  An

institution of higher education that is part of the State System

of Higher Education.

"State-related institution of higher education."  The

Pennsylvania State University, the University of Pittsburgh,

Temple University and Lincoln University. The term includes a

branch campus.

"Trainee."  An individual enrolled in a training program

under this chapter.

"Training program."  A systematic program which is designed

to provide an eligible individual with the skills and knowledge

necessary to meet the specifications for an occupation or trade

within an eligible industry.

Section 903.  Green Work Force Training Program.

(a)  Establishment.--Within six months after the effective

date of this section, the secretary, in consultation with the

Secretary of Environmental Protection, shall establish a Green

Work Force Training Program, which shall be designed to promote

job training related to the energy efficiency and renewable

energy industries.

(b)  Requirements.--The Department of Labor and Industry

shall establish the minimum training program requirements

necessary for an applicant to be considered for a grant. In

setting program requirements, the Department of Labor and

Industry shall consult with the department, representatives from

eligible industries and representatives from labor organizations

representing workers in eligible industries in order to ensure

that the training programs will teach relevant skills and

competencies and that any certificates and credentials resulting

from completed job training are employer recognized.

(c)  Grants.--

(1)  The secretary shall award grants to enable eligible

entities to carry out training that leads to the development

of an energy efficiency and renewable energy industries work

force. Grants shall be awarded so as to ensure geographic

diversity.

(2)  The secretary shall award grants to approved

applicants. In awarding a grant, priority shall be given to

applicants that demonstrate all of the following:

(i)  Experience in implementing and operating worker

skills training and education programs.

(ii)  Ability to identify and involve in training

programs eligible individuals who seek or would benefit

from job training opportunities related to energy

efficiency and renewable energy industries.

(iii)  Ability to leverage additional public and

private resources to fund training programs, including

cash or in-kind matches from private companies. Failure

to leverage additional resources shall not disqualify an

applicant from receiving a grant.

(3)  The secretary shall award at least five grants to

eligible applicants that agree to provide job training

primarily to low-income individuals and formerly incarcerated

or adjudicated nonviolent offenders. The following apply:

(i)  Grants shall be awarded in a manner that ensures

geographic diversity and that targets areas of high

poverty.

(ii)  If less than five applicants apply or qualify

for a grant under this paragraph, the secretary may award

any unused grant as provided under this chapter.

(d)  Grant applications.--An eligible entity must submit an

application for a grant to the Department of Labor and Industry.

The application must be on the form required by the Department

of Labor and Industry and must include or demonstrate all of the

following:

(1)  The applicant's name and address.

(2)  The location where the training program will occur.

(3)  The geographic area of this Commonwealth, identified

by county, from which the applicant expects to enroll

trainees.

(4)  A brief history of the applicant's job training

experience, if any. Lack of job training history shall not

preclude an applicant from receiving a grant.

(5)  A statement affirming that the applicant will give

eligible individuals priority for training and other

services.

(6)  A statement identifying the eligible industries for

which the job training will be provided.

(7)  A description of the proposed training or

instructional program to be provided.

(8)  A statement:

(i)  disclosing whether an applicant intends to

contract with other organizations or individuals for the

provision of all or a portion of the services to be

provided; and

(ii)  if there is intent to contract under

subparagraph (i), requesting allocation of a portion of

the grant from the applicant to the contractor.

(9)  The amount of the grant requested, including an

itemized list of intended uses of the grant.

(e)  Review and approval of grant applications.--

(1)  The Department of Labor and Industry shall review

the application to determine that all of the following apply:

(i)  The applicant is an eligible entity.

(ii)  The applicant has committed to giving priority

for training and other service to eligible individuals.

(iii)  The applicant will provide job training

relating to an eligible industry.

(iv)  The training program proposal submitted by the

applicant:

(A)  meets the program requirements established

by the Department of Labor and Industry; and

(B)  will further the public policy goals of this

chapter.

(v)  There is a substantial likelihood that the

training program will successfully train individuals for

future employment opportunities in an eligible industry.

(vi)  The amount of the grant request is reasonable.

(vii)  The applicant complied with all other criteria

established by the Department of Labor and Industry.

(2)  Upon being satisfied that all requirements have been

met, the secretary may approve the application. Upon

approval, the secretary shall award a grant.

(f)  Use of grant funds.--A grant recipient may not use a

grant to do any of the following:

(1)  Pay wages of trainees during training.

(2)  Pay costs associated with building construction or

renovation or the acquisition, upgrade or installation of

equipment or machinery, including computer equipment.

(3)  Pay for point-of-sale retail job training.

(g)  Limitation.--A single grant shall not exceed $250,000

per applicant.

Section 904.  Reports by grant recipients.

(a)  Annual report.--By September 1, each grant recipient

shall submit a report to the Department of Labor and Industry

summarizing the effectiveness of the recipient's training

program for the prior fiscal year. Each report shall be posted

by the Department of Labor and Industry on its Internet website

and shall remain on the site until the reports for the next year

are posted. Each report must contain the following information:

(1)  The number of program trainees.

(2)  The demographic characteristics of trainees,

including race, gender, age and education level.

(3)  The services provided by the recipient, including

job training, education and supportive services.

(4)  The total amount of the grant received.

(5)  An itemized list of program expenditures.

(6)  The amount of program spending per trainee.

(7)  Program completion rates.

(8)  The rate of job placement.

(9)  The average wage at placement, including any

benefits.

(10)  Any post-employment supportive services provided to

program trainees.

(11)  Any other information requested by the Department

of Labor and Industry.

(b)  Duties of Department of Labor and Industry.--

(1)  The Department of Labor and Industry shall assist

grant recipients in the collection of data under this clause

by:

(i)  making available, where practicable, low-cost

means of tracking the labor market outcomes of program

trainees; and

(ii)  providing standardized reporting forms.

(2)  The Department of Labor and Industry, at its

discretion but no less than once every two years, shall

collect and analyze labor market data to track work force

trends resulting from energy-related job training initiatives

carried out under this chapter. The information obtained by

the Department of Labor and Industry shall be included in the

annual report required to be submitted by the Department of

Labor and Industry under section 905.

Section 905.  Annual report.

(a)  Requirement.--By December 31, the Department of Labor

and Industry shall complete a written report outlining the

effectiveness of the training programs for the prior fiscal

year. The report shall include the following:

(1)  Total number of grants awarded, including the name

and address of each grant recipient.

(2)  Total amount of grants awarded, including the amount

each grant recipient received.

(3)  Total number of individuals participating in

training programs funded by grants during the prior fiscal

year, including the number of individuals participating

through each grant recipient.

(4)  Total number of individuals who completed a training

program funded by a grant during the prior fiscal year.

(5)  Total number of individuals who enrolled in but

failed to complete a training program funded under this

chapter during the prior fiscal year.

(6)  Rate of job placement for individuals who completed

a training program funded under this chapter during the prior

fiscal year, including the average wage at placement and

benefits.

(7)  A summary of the information submitted by each grant

recipient under section 904(a).

(8)  Recommendations for changes to this chapter.

(9)  Other information deemed by the Department of Labor

and Industry to be relevant or necessary to complete a

comprehensive review of the program.

(b)  Submission.--The report shall be submitted to the

following:

(1)  The Governor.

(2)  The Majority Leader and Minority Leader of the

Senate.

(3)  The Majority Leader and Minority Leader of the House

of Representatives.

(4)  The chairman and minority chairman of each standing

committee in the Senate and the House of Representatives with

jurisdiction over the Department of Labor and Industry.

(5)  The chairman and minority chairman:

(i)  of the Environmental Resources and Energy

Committee of the Senate; and

(ii)  of the Environmental Resources and Energy

Committee of the House of Representatives.

(c)  Posting.--The Department of Labor and Industry shall

post the report on its Internet website. The report shall remain

on the site until the report for the next fiscal year is posted.

Section 906.  Regulations.

(a)  General rule.--The Department of Labor and Industry, in

consultation with the department, shall promulgate regulations

necessary for the administration and enforcement of this

chapter.

(b)  Temporary regulations.--

(1)  In order to facilitate the prompt implementation of

this chapter, initial regulations promulgated by the

Department of Labor and Industry shall be deemed temporary

regulations which shall expire no later than two years

following the effective date of this section.

(2)  Temporary regulations are exempt from all of the

following:

(i)  Sections 201, 202 and 203 of the act of July 31,

1968 (P.L.769, No.240), referred to as the Commonwealth

Documents Law.

(ii)  The act of June 25, 1982 (P.L.633, No.181),

known as the Regulatory Review Act.

(3)  This subsection shall expire one year from the

effective date of this section.

Section 907.  Funding.

The sum of $15,000,000 shall be transferred from the

Commonwealth Financing Authority to the Department of Labor and

Industry for purposes of funding grants for job training

programs. Revenues transferred by the authority shall derive

from the proceeds of any bonds issued by the authority for

alternative energy and other energy-related projects and

previously dedicated to pollution control technology projects

pursuant to section 304. For a three-year period, the Department

of Labor and Industry shall annually disburse $5,000,000 of the

appropriation for the purpose of funding grants authorized under

this chapter.

Section 4.  This act shall take effect in 60 days.