PRINTER'S NO. 3199
No. 2293 Session of 1984
INTRODUCED BY MANDERINO, RYAN, COY, MILLER, IRVIS, PIEVSKY,
GALLAGHER, ANGSTADT, WESTON, PETRARCA, PETERSON, MERRY,
FREEMAN, AFFLERBACH, GANNON, DeLUCA, GRUITZA, KASUNIC, DALEY,
WILLIAMS, CESSAR, GEIST, COHEN, TRELLO, WAMBACH, HALUSKA,
WASS, JOHNSON, FATTAH, STEIGHNER, WOGAN, DeVERTER, TELEK,
SAURMAN, R. C. WRIGHT, JACKSON, SCHEETZ, HERSHEY, GRUPPO,
BOOK, SWIFT, ROBBINS, REINARD, COLE, WACHOB, GEORGE, COSLETT,
SERAFINI, GREENWOOD, McHALE, NOYE, STAIRS, DAVIES, MICHLOVIC,
RYBAK, PISTELLA, KUKOVICH, BALDWIN, SHOWERS, CAPPABIANCA,
McCALL, PRATT, STEWART, WOZNIAK, CORDISCO, PRESTON, BATTISTO,
KOSINSKI, DEAL, RAPPAPORT, OLIVER, SEVENTY, CLARK, DUFFY,
MRKONIC, SWEET, GAMBLE, RICHARDSON, MAYERNIK, STEWART,
PHILLIPS, MACKOWSKI, MOWERY, SEMMEL, CIVERA, MICOZZIE,
HOEFFEL, LLOYD, ITKIN, COWELL, DOMBROWSKI, D. R. WRIGHT AND
KENNEDY, JUNE 13, 1984
REFERRED TO COMMITTEE ON APPROPRIATIONS, JUNE 13, 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.
1 "Corpsmember." A participant in the corps pursuant to
2 criteria set forth in section 6.
3 "Crewleader." A participant in the corps who is employed to
4 supervise corpsmembers pursuant to criteria set forth in section
5 8(c).
6 "Department." The Department of Environmental Resources.
7 "Local agency." Any political subdivision located within
8 this Commonwealth.
9 "Secretary." The Secretary of the Department of
10 Environmental Resources.
11 "State agencies." The Fish Commission, Game Commission,
12 Historical and Museum Commission, Department of Military Affairs
13 and, in the case of job search skills and job application
14 skills, the Department of Labor and Industry.
15 Section 3. Pennsylvania Conservation Corps created.
16 There is hereby created within the Department of
17 Environmental Resources the Pennsylvania Conservation Corps.
18 Section 4. Duties of the secretary.
19 The secretary shall:
20 (1) Employ eligible participants pursuant to section 6
21 in work experience projects.
22 (2) Employ crewleaders pursuant to section 8.
23 (3) Appoint a director who shall act as the
24 administrative officer of the corps. The director shall
25 employ staff necessary to implement the provisions of this
26 act.
27 (4) Develop or review proposed work experience projects
28 submitted to the department by State and local agencies and
29 approve projects that meet the requirements of this act.
30 State agencies eligible to submit work experience projects
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1 shall be limited to the Fish Commission, Game Commission,
2 Historical and Museum Commission, Department of Environmental
3 Resources and Department of Military Affairs. The secretary
4 shall insure that work experience projects involve labor
5 intensive improvement activities on public lands or
6 facilities that will result in a future public value and have
7 a potential for future revenue yield. Projects approved by
8 the secretary shall include projects authorized and funded
9 under the under the act of (P.L. , No. ), known as
10 the Recreational Improvement and Rehabilitation Act.
11 (5) Authorize utilization of the corps for approved work
12 experience projects in urban, suburban and rural areas as
13 necessary to carry out the provisions of this act.
14 (6) Execute employment contracts with State and local
15 agencies containing any terms and conditions deemed necessary
16 and desirable for the employment of corpsmembers in approved
17 work experience projects; and in the case of job search
18 skills and job application skills, execute contracts or
19 cooperative agreements with Federal, State or local agencies,
20 persons, firms, partnerships, associations or corporations
21 for the provisions of these services.
22 (7) Authorize utilization of the corps for emergency
23 projects which shall include, but not be limited to, natural
24 disasters, fire prevention and suppression and rescue of lost
25 or injured persons. Corpsmember participation in emergency
26 projects shall be voluntary. Corpsmembers shall receive
27 adequate training prior to participating in an emergency
28 project.
29 (8) Apply for and accept grants or contributions of
30 funds from any public or private source, including the
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1 acceptance of Federal funds appropriated by the General
2 Assembly.
3 (9) Purchase, rent or otherwise acquire or obtain
4 personal property, supplies, instruments, tools, equipment or
5 conveniences necessary to complete work experience projects.
6 (10) Develop program guidelines as it deems necessary to
7 fairly and effectively administer this act.
8 Section 5. Work experience projects.
9 (a) Purpose.--The secretary shall ensure that each work
10 experience project established pursuant to the authority granted
11 in section 4 shall provide corpsmembers with job training skills
12 which may include job search skills and job applications skills,
13 and with work experience related to the conservation,
14 improvement or development of natural resources or the
15 enhancement, preservation and maintenance of public lands, water
16 or facilities. Job training may be provided directly by the
17 agency administering the work experience project or by other
18 agencies as provided in subsection (d).
19 (b) Project criteria.--Work experience projects shall be
20 undertaken in urban, suburban and rural areas and shall be
21 selected on the basis of the environmental and natural resource
22 benefits each offers, the opportunities for public use each
23 offers, the on-the-job training value of each, the future public
24 value of the completed project, and the estimated additional
25 revenue to be generated for the Commonwealth or its subdivision
26 from the completion of each project.
27 (c) Use of lands; exceptions.--All work experience projects
28 developed or approved and funded by the department shall be
29 limited to public lands and facilities except where a property
30 involving other lands will provide documented public value or
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1 benefit. Reimbursement must be provided to the department for
2 that portion of the total costs which does not provide a public
3 benefit. The reimbursement will be retained by the department
4 for use in the corps program. In the case of emergencies and
5 natural disaster, projects may take place on land or at
6 facilities not owned by the department, other State agencies or
7 local agencies without regard to public benefit and private
8 reimbursement.
9 (d) Coordinated services.--Whenever available and
10 appropriate, job training and placement services provided
11 through other Federal, State and local funded programs such as
12 the Job Training Partnership Act Program, the Community Services
13 Block Grant and the Office of Employment Security shall be
14 coordinated with projects developed under this act to assist
15 eligible participants. Coordinated services may include, but are
16 not limited to, job placement assistance, adult literacy
17 training, job search skills, and job application skills.Whenever
18 possible, eligible participants without a high school diploma
19 shall receive coordinated services that provide an opportunity
20 to obtain an equivalent high school diploma.
21 (e) Standards.--Work sites of work experience projects shall
22 conform to appropriate health and safety standards.
23 (f) Projects not permitted.--Work experience shall not
24 include work on any project for removal or cleaning up of any
25 toxic waste or other hazardous substance.
26 Section 6. Eligibility for program.
27 (a) Criteria.--Persons participating in the corps program
28 shall be young men and women who are:
29 (1) Between the ages of 18 and 21.
30 (2) Economically disadvantaged.
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1 (3) Domiciled in the Commonwealth for at least six
2 months prior to participating in the program.
3 (4) Registered with the Office of Employment Security
4 for employment.
5 (5) Physically and mentally capable of performing labor
6 intensive work.
7 (6) Not attending high school or postsecondary
8 institution full time and who provide assurance that they did
9 not leave school for the purpose of participating in the
10 program. Full-time high school and postsecondary students may
11 participate in this program during authorized school
12 vacations.
13 (b) Referrals.--Eligibility for corpsmembers shall be
14 determined by the Office of Employment Security which shall
15 refer eligible participants to the department. If the number of
16 corps jobs is insufficient to employ all eligible individuals
17 who apply for participation in the program, the Office of
18 Employment Security may provide the names of these eligible
19 individuals to private sector employers or to job training
20 programs requesting referrals, so long as the individuals
21 referred agree to the referral being provided.
22 Section 7. Compensation.
23 (a) Six month term.--Corpsmembers shall be employed for a
24 period not to exceed six months. The department shall refer the
25 names of corpsmembers who successfully complete their employment
26 in the corps to the Office of Employment Security for assistance
27 in securing private sector employment or for enrollment in
28 additional job training programs. The department may also
29 provide the names of participants who successfully complete
30 their employment in the corps to private sector employers
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1 requesting referrals, with the approval of the participant.
2 (b) Minimum wage.--Corpsmembers shall receive an hourly wage
3 no less than the State minimum wage as provided for by the act
4 of January 17, 1968 (P.L.11, No.5), known as The Minimum Wage
5 Act of 1968.
6 (c) Benefits.--Corpsmembers shall not be entitled to any
7 employee benefits provided to existing employees of the
8 department or other agencies except for workmen's compensation
9 coverage which shall be provided through the funds appropriated
10 to carry out this act.
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
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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.
27 Section 9. Prohibited activities.
28 The secretary in developing and approving projects, shall
29 assure that:
30 (1) In employment practices, no individual will be
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1 discriminated against because of the individual's race,
2 color, religious creed, ancestry, sex, national origin or
3 nonjob related handicap or disability.
4 (2) No person shall make any payment to any other person
5 as compensation for referring an individual as a potential
6 corpsmember.
7 (3) Work available to participants will not be available
8 due to a labor dispute, strike or lockout and shall not be
9 assigned so as to cause a layoff or downgrading or to prevent
10 the return to work of an available competent employee.
11 (4) It shall be unlawful for anyone to demand from any
12 public officer, a corpsmember or crewleader any assessment or
13 percentage of any money or profit, or its equivalent in
14 support, service or any other thing of value, with the
15 understanding, express or implied, that the same may be used
16 or shall be used for political purposes. Nothing contained in
17 this act shall be construed to prohibit voluntary
18 contributions to any political committee or organization for
19 legitimate political and campaign purposes to the extent such
20 contributions are not prohibited by law.
21 Section 10. Annual report.
22 On March 1, 1985, and each year thereafter during the
23 program's existence, the secretary shall report to the Chief
24 Clerk of the House of Representatives and the Secretary of the
25 Senate on the cumulative impact of the program. The report shall
26 include, but not be limited to:
27 (1) Productivity measures by the type of project funded.
28 (2) The number of corpsmembers employed.
29 (3) The average length of employment.
30 (4) The extent of job training provided to participants.
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1 (5) The number of participants who find employment after
2 completion of the project.
3 (6) Estimated total dollar value of completed work
4 projects by type of project.
5 (7) Estimated potential revenue from projects completed
6 by corpsmembers.
7 (8) Percentage increase in estimated value of sites
8 constructed or rehabilitated by corpsmembers.
9 (9) Estimated amount of dollar benefits in excess of
10 dollar costs resulting from the program.
11 All recipients of funds for approved projects shall provide the
12 information requested by the department for the purposes of this
13 report.
14 Section 11. Appropriation.
15 For State fiscal year 1984-1985, the sum of $7,500,000 is
16 hereby appropriated to the Department of Environmental Resources
17 from the Pennsylvania Economic Revitalization Fund. No more than
18 25% of the funds available annually for this program may be
19 expended on work experience projects which are submitted by
20 local agencies and approved by the secretary. No more than 3% of
21 the funds available for this program may be expended on program
22 administration.
23 Section 12. Expiration.
24 This act and the Pennsylvania Conservation Corps program
25 shall expire June 30, 1986.
26 Section 13. Effective date.
27 This act shall take effect July 1, 1984.
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