Bill S4214-2013

Establishes the Clean and Green Energy Corps

Establishes the Clean and Green Energy Corps.

Details

Actions

  • Jan 8, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION
  • Mar 14, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S4214

TITLE OF BILL: An act in relation to establishing the Clean and Green Energy Corps

PURPOSE: To create a Clean and Green Energy Corp to teach young adults valuable work skills, promote energy independence efforts that decrease energy consumption, and assist in providing weatherization and energy efficiency projects for low-income households.

SUMMARY OF PROVISIONS:

Section One states that the short title of this act shall be known as the "Clean and Green Energy Corps act"

Section Two is the definitional section.

Section Three establishes in the New York State Department of Education the Clean and Green Energy Corps

Section Four directs the Commissioner of the New York State Department of Environmental Conservation to establish within 90 days after this act becomes law rules and regulations pertaining to the Clean and Green Energy Corp.

The Commissioner shall also 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.

The Commissioner shall enroll participants as corps members who meet the criteria under this act and employ crew leaders who meet the criteria of this act.

The Commissioner will review proposed projects and ensure that each corps member and crew leader receives the proper training.

The Commissioner shall apply for and accept grants or contributions of funds from any public or private source and execute contracts with state and local agencies desirable for the enrollment of corps members in approved projects.

The Commissioner shall purchase, rent or otherwise acquire the appropriate tools, supplies, instruments, equipment needed to complete corps member training and projects.

The Commissioner shall authorize the exchange of corps members and crew leaders with other similar service programs in order to advance the goals of volunteerism and service. Participation in exchange programs by corps members and crew leaders shall be voluntary.

The Commissioner shall develop additional program guidelines or regulations as the secretary deems necessary to carry out the provisions of this act.

Section Five states that the purpose of the work projects is to promote energy independence through efforts that decrease energy consumption; employ corps members in weatherization and energy efficiency projects for low-income households; accomplish meaningful and productive project improvements relating to energy efficiency and provide young adults with experience in preparation for permanent employment.

The program shall operate year-round.

Corps members and crew leaders shall engage in job training deemed appropriate by the director of the corps in consultation with the department.

The projects shall consist of residential buildings' shell improvement measures and other projects that may involve, but are not limited to, installation of attic wall insulation, air infiltration reduction, window replacement and other projects approved by the department.

Members of low-income households may apply to the corps to have a residential building 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 to submit project applications for their residential buildings. All such project proposals must still conform to the standards set by the corps and department for project application and selection.

All work sites of projects shall conform to appropriate health and safety standards.

Section Six states that all corps members shall be individuals who are, at the time of admission to the program, at least 18 years of age and under 26 years of age with the following exceptions:

* An individual 16 years of age may participate if enrolled in an approved board of cooperative educational services (BOCES) program with the individual's high school.

* An individual 17 years of age may participate if the individual:

o Is enrolled in an approved BOCES program

o Has graduated from high school

o Is able to provide assurance that the applicant did not withdraw from school for the purpose of participating in the program

Eligibility of corps members shall be determined by the Commissioner who shall refer eligible participants to the department. The department 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.

The department shall seek referrals from schools, local agencies, community-based agencies and other youth and human service organizations for the purposes of enrolling applicants in the corps. The department shall refer applicants between 18-21 years of age.

Preference in hiring shall be given to economically disadvantaged young people, especially those eligible applicants who receive general assistance or other public assistance benefits.

Section Seven states that corps members shall be enrolled in the corps 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 corps members who have successfully completed their service to the corps to the New York State Department of Labor for assistance in seeming private sector employment.

The department may also provide the names of corps members who have successfully completed their service to agencies or private sector employers requesting referrals after obtaining the permission of the participant.

Corps members shall not be scheduled to work more than 40 hours per week.

Section Eight states that. the corps shall employ and provide compensation for project supervisors, referred to as crew leaders.

Crew Leaders shall be assigned to oversee various projects and act as the site coordinators.

Persons eligible to be hired as crew leaders must be 18 years of age or older, not attending a postsecondary institution under full-time status at the time of employment and able to provide assurance that the applicant did not leave school for the purpose of employment with the corps.

Crew leaders shall participate in rigorous training programs to ensure the necessary level of skill and knowledge needed to supervise and lead the projects.

Section Nine states that the Commissioner is authorized to recruit, train and accept the services of individuals to assist, without compensation, in carrying out the functions of the corps.

Section Ten states that in employment practice no individual will be discriminated against due to the individual's race, color, sex, sexual orientation, gender identity or expression, religion, national origin, weight or non-job related handicap or disability.

No person shall receive any payment in exchange for providing a recommendation for a potential corps member.

Section Eleven states that the Commissioner shall report annually to the Temporary President of the Senate, the Senate Minority Leader, The Speaker of the Assembly and the Assembly Minority Leader on the preceding year's fiscal impact of the program.

The report shall include, but not be limited to; the number of corps members enrolled; the extent of job training provided to corps members; the completion rate for projects undertaken through the program; the progress made by corps member after completion of the program - which may include gained employment or participation in additional educational opportunities; productivity, measured by the type of project funded; the amount of money spent on and an estimated total value of completed projects; the estimated amount of money that will be saved annually due to each completed projects; and the number of projects in progress.

EXISTING LAW: New Law

JUSTIFICATION: Public service is a civic duty which New York should encourage and we must provide the means and the opportunity for young adults to contribute and make a meaningful impact in the community while at the same time learning valuable job skills. This legislation would create a program within the New York State Department of Environmental Conservation for young adults between the ages of 18 and 26 (with some exceptions to include younger people participating in BOCES programs) to earn a living wage and to receive highly skilled job training, which will promote energy independence through efforts that decrease energy consumption, assist in weatherization and energy efficiency projects for low-income households and accomplish meaningful and productive improvements relating to energy efficiency. Among eligible projects are 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 of Environmental Conservation.

The Corps main mission is to provide development, training and practical work experience for young individuals in fields relating to energy efficiency and to act as preparation for permanent employment in the private sector.

The program would operate year round and corps members would be enrolled for one year with an option to extend their service. Corps members would be organized into teams led by crew leaders. Members of low-income households would be eligible to apply to the corps to be considered for an energy efficiency project. If the corps does not receive a sufficient number of applications, the director would be able to seek additional homes on which to work.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: 180th day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4214 2013-2014 Regular Sessions IN SENATE March 14, 2013 ___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT in relation to establishing the Clean and Green Energy Corps THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "Clean and Green Energy Corps act". S 2. Definitions. The following words and phrases when used in this act shall have the meanings given to them in this section. 1. "Corps" means the Clean and Green Energy Corps. 2. "Corps member" means a participant in the Clean and Green Energy Corps who meets the established criteria set forth under section six of this act. 3. "Crew leader" means a participant in the Clean and Green Energy Corps who meets the established criteria set forth under section eight of this act. 4. "Department" means the New York state department of environmental conservation. 5. "Project" means any weatherization or energy efficiency project carried out by the Clean and Green Energy Corps. 6. "Commissioner" means the commissioner of the New York state depart- ment of environmental conservation. 7. "Director" means the director of the corps. S 3. Establishment. There is hereby established in the department the Clean and Green Energy Corps. S 4. Duties of commissioner. The commissioner shall: 1. Within 90 days after this act shall have become law, develop rules and regulations pertaining to the Clean and Green Energy Corps. 2. 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.
3. Enroll eligible participants who meet the criteria established under section six of this act as corps members. 4. Employ crew leaders who meet the criteria established under section eight of this act. 5. Review proposed projects. 6. Ensure that each corps member and crew leader receives the proper training. 7. Apply for and accept grants or contributions of funds from any public or private source. 8. Execute contracts with state and local agencies containing any terms and conditions deemed necessary and desirable for the enrollment of corps members in approved projects. In the case of corps member 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. 9. Purchase, rent or otherwise acquire the appropriate tools, supplies, instruments, equipment or conveniences needed to complete corps member training and projects. 10. Authorize the exchange of corps members and crew leaders with other similar service programs in order to advance the goals of volun- teerism and service. Participation in exchange programs by corps members and crew leaders shall be voluntary. 11. Develop additional program guidelines or regulations as the secre- tary deems necessary to carry out the provisions of this act. S 5. Work experience projects. 1. The purpose of all work projects shall be to: a. promote energy independence through efforts that decrease energy consumption; b. employ corps members in weatherization and energy efficiency projects for low-income households; c. accomplish meaningful and productive project improvements relating to energy efficiency; d. provide development, training and practical work experience for young individuals in important career fields relating to energy effi- ciency; and e. provide young adults with experience in preparation for permanent employment. 2. Duration of program. The program shall operate year-round. 3. Training. Crewmembers and crew leaders shall engage in job training deemed appropriate by the director of the corps in consultation with the department. 4. Project types. The projects shall consist of residential building shell improvement measures and other projects that may involve, but are not limited to, installation of attic and wall insulation, air infil- tration reduction, window replacement and other projects as approved by the department. 5. Project selection. Members of low-income households may apply to the corps to have a residential building considered for an energy effi- ciency 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 household residential buildings that can be submitted for project application. All such project proposals must still conform to the standards set by the corps and department for project application and selection.
6. Standards. Work sites of projects shall conform to appropriate health and safety standards. 7. Project restrictions. Projects shall not include the removal or cleanup of any toxic waste or other hazardous substance. S 6. Eligibility for program. 1. Criteria. All corps members shall be individuals who are at the time of admission into the program, at least 18 years of age and under 26 years of age, with the following exceptions: a. an individual 16 years of age may participate if enrolled in an approved board of cooperative educational services (BOCES) program with the individual's high school. b. an individual 17 years of age may participate if the individual: (1) is enrolled in an approved BOCES program with the individual's high school; (2) has graduated from high school; or (3) is able to provide assurance that the applicant did not withdraw from school for the purpose of participating in the program. 2. Determination. Eligibility of corps members shall be determined by the commissioner who shall refer eligible participants to the depart- ment. The department 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. The department 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 department shall refer applicants by order of classifica- tion, 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. 3. Hiring preference. Preference in hiring shall be given to econom- ically disadvantaged young people, especially those eligible applicants who receive general assistance or other public assistance benefits. S 7. Terms of Enrollment. 1. Term of enrollment. Corps members shall be enrolled in the corps 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 corps members who have successfully completed their service to the corps to the New York state department of labor for assistance in securing private sector employment. The department may also provide the names of corps members who have successfully completed their service to agencies or private sector employers requesting referrals after obtaining the permission of the participant. 2. Work hours. Corps members shall not be scheduled to work for more than forty hours per week. S 8. Supervisors. 1. Employment. The corps shall employ and provide compensation for project supervisors, referred to as crew leaders. 2. Assignment. Crew leaders shall be assigned to oversee various projects and act as the site coordinators. 3. Criteria for crew leaders. Persons eligible to be hired as crew leaders by the department shall be individuals who are: a. 18 years of age or older; and b. not attending a postsecondary institution under full-time status at the time of the employment; and
c. can provide assurance that the applicant did not leave school for the purpose of employment with the corps. 4. Training. Crew leaders 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 devel- oped by the director of the corps in consultation with the department. S 9. Volunteers. The commissioner is authorized to recruit, train and accept the services of individuals to assist, without compensation, in carrying out the functions of the corps. S 10. Prohibited activities. The commissioner, in administering this act, shall ensure that: 1. In employment practices, no individual will be discriminated against due to, but not limited to, the individual's race, color, sex, sexual orientation, gender identity or expression, religion, national origin, weight or non-job-related handicap or disability. 2. No person shall receive any payment in exchange for providing a recommendation for a potential corps member. S 11. Annual report. Annually, the commissioner shall report to the temporary president and minority leader of the senate and the speaker of the assembly and the minority leader of the assembly on the preceding fiscal year's impact of the program. The report shall include, but not be limited to information pertaining to: 1. the number of corps members enrolled; 2. the average length of enrollment of corps members; 3. the extent of job training provided to corps members; 4. the completion rate for projects undertaken through the program; 5. the progress made by corps members after completion of the program, which may include gained employment or participation in additional educational opportunities; 6. productivity, measured 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; and 10. the number of projects in progress. S 12. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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