S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
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
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
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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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
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
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
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-
e. provide young adults with experience in preparation for permanent
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
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
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.
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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
(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
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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
6. productivity, measured by the type of project funded;
7. the amount of money spent on and the estimated total value of
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.
S 12. This act shall take effect on the one hundred eightieth day
after it shall have become a law.