Bill Text: PA HB1337 | 2009-2010 | Regular Session | Introduced

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Bill Title: Establishing the Clean and Green Energy Corps; imposing additional powers and duties on the Department of Labor and Industry; and making an appropriation.

Spectrum: Strong Partisan Bill (Democrat 36-2)

Status: (Introduced - Dead) 2009-04-23 - Referred to LABOR RELATIONS [HB1337 Detail]

Download: Pennsylvania-2009-HB1337-Introduced.html

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PRINTER'S NO. 1618
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1337 Session of2009
INTRODUCED BY COHEN, BELFANTI, GEORGE, THOMAS, MANN, STURLA, CALTAGIRONE, DALEY, DeLUCA, DONATUCCI, FREEMAN, JOSEPHS, KIRKLAND, McGEEHAN, GOODMAN, HARKINS, SABATINA, K. SMITH, WHITE, BRIGGS, CONKLIN, DEASY, FRANKEL, HALUSKA, HENNESSEY, HORNAMAN, JOHNSON, KORTZ, LONGIETTI, MAHONEY, MURT, M. O'BRIEN, PASHINSKI, PAYTON, PRESTON, SANTONI, SIPTROTH, WALKO AND YOUNGBLOOD, APRIL 23, 2009
REFERRED TO COMMITTEE ON LABOR RELATIONS, APRIL 23, 2009
AN ACT
Establishing the Clean and Green Energy Corps; imposing
additional powers and duties on the Department of Labor and
Industry; and making an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Clean and
Green Energy Corps Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Corps." The Clean and Green Energy Corps.
"Corpsmember." A participant in the Clean and Green Energy
Corps who meets the established criteria set forth under section
6.
"Crewleader." A participant in the Clean and Green Energy
Corps who meets the established criteria set forth under section
8.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Project." Any weatherization or energy efficiency project
carried out by the Clean and Green Energy Corps.
"Secretary." The Secretary of Labor and Industry of the
Commonwealth.
Section 3. Establishment.
There is hereby established in the department, the Clean and
Green Energy Corps. The corps shall function in cooperation with
the Pennsylvania Conservation Corps.
Section 4. Duties of secretary.
The secretary shall:
(1) Appoint a director who shall act as the
administrative officer of the corps. The director shall
employ the necessary staff and aid in developing projects
that meet the requirements of this act.
(2) Enroll eligible participants who meet the criteria
established under section 6.
(3) Employ crewleaders who meet the criteria established
under section 8.
(4) Review proposed projects.
(5) Ensure that each corpsmember and crewleader receives
the proper training.
(6) Apply for and accept grants or contributions of
funds from any public or private source.
(7) Execute contracts with State and local agencies
containing any terms and conditions deemed necessary and
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desirable for the enrollment of corpsmembers in approved
projects. In the case of corpsmember development and
training, execute contracts or cooperative agreements with
Federal agencies, State agencies, local agencies, persons,
firms, partnerships, associations or corporations for the
provision of these services.
(8) Purchase, rent or otherwise acquire the appropriate
tools, supplies, instruments, equipment or conveniences
needed to complete corpsmember training and projects in
conformity with 62 Pa.C.S. (relating to procurement).
(9) Authorize the exchange of corpsmembers and
crewleaders with other similar service programs in order to
advance the goals of volunteerism and service. Participation
in exchange programs by corpsmembers and crewleaders shall be
voluntary.
(10) Develop additional program guidelines or
regulations as the secretary deems necessary to carry out the
provisions of this act.
Section 5. Work experience projects.
(a) Purpose.--
(1) To promote energy independence through efforts that
decrease energy consumption.
(2) To employ participants in weatherization and energy
efficiency projects for low-income households.
(3) To accomplish meaningful and productive improvements
relating to energy efficiency.
(4) To provide development, training and practical work
experience for young individuals in important career fields
relating to energy efficiency.
(5) To act as preparation for permanent employment for
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young adults.
(b) Duration of program.--The program shall operate year-
round.
(c) Training.--Crewmembers and crewleaders shall engage in
job training deemed appropriate by the director of the corps in
consultation with the department.
(d) Project types.--The projects shall engage in shell
improvement measures and other projects that may involve, but
are not limited to, attic and wall insulation, air infiltration
reduction, window replacement and other projects as approved by
the department.
(e) Project selection.--Members of low-income households may
apply to the corps to be considered for an energy efficiency
project. The director, in consultation with the department,
shall create additional standards for project selection. If the
corps does not receive a sufficient number of applications, the
director shall seek out additional low-income households that
can be submitted for project application. Such project proposals
must still conform to the standards set by the corps and
department for project application and selection.
(f) Standards.--Work sites of projects shall conform to
appropriate health and safety standards.
(g) Project restrictions.--Projects shall not include the
removal or cleanup of any toxic waste or other hazardous
substance.
Section 6. Eligibility for program.
(a) Criteria.--Persons participating in the corps program
shall be individuals who are:
(1) At the time of admission into the program, at least
18 years of age and under 26 years of age, with the following
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exceptions:
(i) An individual 16 years of age may participate if
enrolled in an approved work-study program with the
individual's high school.
(ii) An individual 17 years of age may participate
if the individual:
(A) is enrolled in an approved work-study
program with the individual's high school;
(B) has graduated from high school; or
(C) has attained academic potential, as
certified by the chief administrator of the high
school attended by the individual.
(2) Domiciled in this Commonwealth for at least six
months prior to admission to the program.
(3) Registered with the local Job Center for employment.
(4) Physically and mentally capable of performing labor-
intensive work.
(5) Able to provide assurance that the applicant did not
withdraw from school for the purpose of participating in the
program.
(b) Determination.--Eligibility for corpsmembers shall be
determined by the local Job Centers which shall refer eligible
participants to the department. For referral purposes, the Job
Centers shall develop standards for classifying applicants into
various levels of eligibility based on the degree to which an
applicant is economically disadvantaged in accordance with
applicant local labor supply. Local Job Centers shall seek
referrals from schools, local agencies, community-based agencies
and other youth and human service organizations for purposes of
enrolling applicants in corps programs. The local Job Centers
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shall refer applicants by order of classification, giving first
priority to applicants between 18 and 21 years of age whose
eligibility is based on financial status as required by joint or
separate employment programs of the Federal and State
Government.
(c) Hiring preference.--Preference in hiring shall be given
to economically disadvantaged young people, especially those
eligible applicants who receive general assistance, Aid to
Families with Dependent Children (AFDC) or other public
assistance benefits.
(d) Minors.--Persons 16 and 17 years of age must present an
employment certificate issued under section 1391 of the act of
March 10, 1949 (P.L.30, No.14), known as the Public School Code
of 1949, on the same basis as would be required if they were
employed by a firm, association or corporation.
Section 7. Compensation.
(a) Compensation.--Corpsmembers shall receive an hourly wage
no less than the State minimum wage. Corpsmembers who have
successfully completed the program and are enrolled for
additional terms shall be eligible for a higher hourly wage.
(b) Term of enrollment.--Corpsmembers shall be enrolled for
a one-year period. Upon successful completion of the program,
the corps may have the option of enrolling the participant for
up to an additional two six-month terms. The department shall
refer the names of corpsmembers who have successfully completed
their service to the corps to local Job Centers for assistance
in securing private sector employment. The department may also
provide the names of corpsmembers who have successfully
completed their service to agencies or private sector employers
requesting referrals after obtaining the permission of the
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participant.
(c) Benefits.--Corpsmembers shall not be entitled to any
employee benefits provided to existing employees of the
department except for paid Commonwealth holidays and workers'
compensation coverage, which shall be provided through the funds
appropriated to carry out this act. Wages and weeks spent as a
corpsmember shall not count toward eligibility. Service as and
weeks and wages earned as a corpsmember shall not be used to
qualify an individual for benefits under the act of December 5,
1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
Unemployment Compensation Law.
(d) Work hours.--Corpsmembers shall not be scheduled to work
for more than 40 hours per week.
Section 8. Supervisors.
(a) Employment.--The corps shall employ and provide
compensation for project supervisors, referred to as
crewleaders.
(b) Assignment.--Crewleaders shall be assigned to oversee
various projects and act as the site coordinators.
(c) Criteria for crewleaders.--Persons eligible to be hired
as crewleaders by the department shall be individuals who are:
(1) Eighteen years of age or older.
(2) Domiciled in this Commonwealth for at least six
months prior to employment with the corps.
(3) Physically and mentally capable to perform labor-
intensive work and supervisory duties.
(4) Not attending a postsecondary institution under
full-time status at the time of the employment and can
provide assurance that the applicant did not leave school for
the purpose of employment with the corps.
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(d) Hourly wage.--Crewleaders shall receive an hourly wage
that exceeds the hourly wage of corpsmembers by a minimum of $5.
(e) Training.--Crewleaders shall participate in rigorous
training programs to ensure the necessary level of skill and
knowledge needed to supervise and lead the projects. Such
training standards shall be developed by the director of the
corps in consultation with the department.
Section 9. Volunteers.
The secretary is authorized to recruit, train and accept the
services of individuals to assist, without compensation, in
carrying out the functions of the corps.
Section 10. Prohibited activities.
The secretary, in administering this act, shall ensure that:
(1) In employment practices, no individual will be
discriminated against due to the individual's race, color,
gender, religion, national origin or non-job-related handicap
or disability.
(2) No person shall receive any payment in exchange for
providing a recommendation for a potential corpsmember.
Section 11. Annual report.
Annually, on April 15, the secretary shall report to the
Chief Clerk of the Senate and the Chief Clerk of the House of
Representatives on the preceding fiscal year's impact of the
program. The report shall include, but not be limited to:
(1) The number of corpsmembers enrolled.
(2) The average length of enrollment.
(3) The extent of job training provided to the
participants.
(4) Information regarding the completion rate for the
program.
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(5) The progress made by participants after completion
of the program, which may include gained employment or
participation in additional educational opportunities.
(6) Productivity measures by the type of project funded.
(7) The amount of money spent on and the estimated total
value of completed projects.
(8) The estimated amount of money that will be saved
annually due to each completed project.
(9) The amount of appropriated funds spent on program
administration.
(10) The number of projects in progress.
Section 12. Appropriation.
The sum of $2,000,000, or as much thereof as may be
necessary, is hereby appropriated to the Department of Labor and
Industry for the fiscal year July 1, 2009, to June 30, 2010, to
carry out the provisions of this act.
Section 13. Expiration.
This act and the Clean and Green Energy Corps shall expire
June 30, 2014.
Section 14. Effective date.
This act shall take effect July 1, 2009.
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