Senate Bill S5640

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5640--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 22, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the labor law, in relation to establishing the subcom-
  mittee on green jobs workforce to conduct labor market data  analysis,
  to provide job training and education programs, and to provide a local
  green jobs corps

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The labor law is amended by adding a  new  section  854  to
read as follows:
  S  854.  GREEN  JOBS WORKFORCE SUBCOMMITTEE. 1. CREATION AND CONSTITU-
TION. (A) THE GREEN JOBS SUBCOMMITTEE  (THE  "SUBCOMMITTEE")  IS  HEREBY
ESTABLISHED  BY  THE  STATE  WORKFORCE  INVESTMENT  BOARD  CONSISTING OF
MEMBERS OF THE  STATE  WORKFORCE  INVESTMENT  BOARD  TO  COORDINATE  THE
STATE'S EFFORTS TO DEVELOP AND TRAIN A WORKFORCE IN THE GREEN ECONOMY.
  (B)  THE SUBCOMMITTEE SHALL WORK WITH THE FOLLOWING PUBLIC AND PRIVATE
STAKEHOLDERS IN  DEVELOPING  AND  CARRYING  OUT  ITS  TASKS  UNDER  THIS
SECTION,  INCLUDING  BUT NOT LIMITED TO THE FOLLOWING: THE DEPARTMENT OF
LABOR; THE NEW YORK STATE  ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY
(NYSERDA); THE WORKFORCE DEVELOPMENT INSTITUTE; THE DEPARTMENT OF EDUCA-
TION; THE PUBLIC SERVICE COMMISSION; THE EMPIRE STATE DEVELOPMENT CORPO-
RATION;  DOWNSTATE  EMPIRE STATE DEVELOPMENT CORPORATION; UPSTATE EMPIRE
STATE DEVELOPMENT CORPORATION; THE DEPARTMENT OF CORRECTIONAL  SERVICES;
THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES' NATIVE AMERICAN SERVICES;
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; THE DEPARTMENT OF AGRICUL-
TURE AND MARKETS; THE DEPARTMENT OF TRANSPORTATION;  THE  DEPARTMENT  OF
HOUSING;  THE  NEW YORK POWER AUTHORITY; THE OFFICE OF GENERAL SERVICES;
THE OFFICE OF TEMPORARY AND  DISABILITY  ASSISTANCE;  THE  ENVIRONMENTAL
FACILITIES CORPORATION; NEW YORK POWER AUTHORITY; NEW YORK STATE DEPART-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11129-03-9
              

S. 5640--A                          2

MENT  OF  PUBLIC  SERVICES;  NEW YORK STATE FARM BUREAU; REPRESENTATIVES
FROM THE ENVIRONMENTAL JUSTICE  COMMUNITY;  REPRESENTATIVES  FROM  LABOR
ORGANIZATIONS;  REPRESENTATIVES FROM ORGANIZATIONS WHOSE PRIMARY MISSION
IS  COMMITTED  TO  JOB  TRAINING  ACTIVITIES;  REPRESENTATIVES FROM K-12
EDUCATIONAL  INSTITUTIONS,  SECONDARY  EDUCATIONAL  INSTITUTIONS,  TRADE
SCHOOLS,  AND  THE  NEW  YORK  STATE  AND REGIONAL BOARDS OF COOPERATIVE
EDUCATION SERVICES ("BOCES"); REPRESENTATIVES FROM THE  PRIVATE  SECTOR,
SMALL  BUSINESS, INDUSTRIES AND TRADE ASSOCIATIONS; THE NEW YORK CHAPTER
OF THE UNITED STATES GREEN BUILDING COUNCIL; NON-PROFIT,  NON-GOVERNMEN-
TAL  AND  COMMUNITY-BASED  ORGANIZATIONS  WHICH FOCUS ON LABOR, ENVIRON-
MENTAL ISSUES, ENERGY EFFICIENCY, RENEWABLE ENERGY, CLEAN  TECHNOLOGIES,
AND  ALTERNATIVE  FUELS;  NATIVE  AMERICAN TRIBES; ORGANIZATIONS DEALING
WITH ADULTS AND YOUTH WITH SPECIAL  NEEDS,  AND  PHYSICAL  AND  LEARNING
DISABILITIES;  LOCAL  GOVERNMENTS  AND MUNICIPALITIES; WORKER INVESTMENT
AGENCY ONE-STOP CAREER CENTERS; AND LOCAL VETERANS AGENCIES AND VETERANS
SERVICE ORGANIZATIONS.
  (C) THE SUBCOMMITTEE MAY EMPLOY AND REMOVE SUCH PERSONNEL  AS  IT  MAY
DEEM  NECESSARY  FOR  THE PERFORMANCE OF ITS FUNCTIONS. TO CARRY OUT THE
TASKS UNDER THIS SECTION, THE SUBCOMMITTEE SHALL HIRE SUFFICIENT  PERMA-
NENT STAFF AND BE PROVIDED ADEQUATE FACILITIES.
  2.  LABOR MARKET/INDUSTRY DATA ANALYSIS. (A) THE SUBCOMMITTEE SHALL BE
RESPONSIBLE FOR  COLLECTING,  DEVELOPING  AND  ANALYZING  STATEWIDE  AND
REGIONAL LABOR MARKET AND INDUSTRY DATA.
  (B)  IN CARRYING OUT ITS DUTIES UNDER THIS SUBDIVISION, THE SUBCOMMIT-
TEE SHALL CONSULT WITH ALL RELEVANT  PUBLIC  AND  PRIVATE  STAKEHOLDERS,
INCLUDING, BUT NOT LIMITED TO, THOSE LISTED IN PARAGRAPH (B) OF SUBDIVI-
SION ONE OF THIS SECTION.
  (C)  THE SUBCOMMITTEE SHALL PROVIDE A PERIODIC ANALYSIS WHICH INCLUDES
INDUSTRY AND WORKFORCE DATA, AND IDENTIFIES EXISTING AND EMERGING  BUSI-
NESSES  IN THE GREEN ECONOMY AND WORKFORCE SKILLS NEEDED TO MATCH EXIST-
ING AND/OR GROWING DEMAND. THE SUBCOMMITTEE SHALL PROVIDE THIS  INFORMA-
TION  IN  AN  ANNUAL  REPORT  AS  PROVIDED  IN SUBDIVISION SEVEN OF THIS
SECTION.
  (D) FOR PURPOSES OF COLLECTING INDUSTRY DATA, THE  SUBCOMMITTEE  SHALL
FOCUS ON THE FOLLOWING SECTORS, WHICH INCLUDE BUT ARE NOT LIMITED TO THE
FOLLOWING:
  (I)  ENERGY-EFFICIENT  BUILDING,  CONSTRUCTION AND RETROFIT INDUSTRIES
AND OTHER INDUSTRIES WITH AN EXPERTISE IN GREEN BUILDING TECHNIQUES;
  (II) ENERGY-EFFICIENCY ASSESSMENT INDUSTRIES SERVING THE  RESIDENTIAL,
COMMERCIAL AND INDUSTRIAL SECTORS;
  (III) RENEWABLE ELECTRIC POWER INDUSTRIES;
  (IV) BIOFUELS INDUSTRIES;
  (V) DECONSTRUCTION, MATERIALS REUSE AND RECYCLING INDUSTRIES;
  (VI) BROWNFIELD REMEDIATION;
  (VII)  COMPONENT  MANUFACTURERS  THAT MAKE PARTS FOR RENEWABLE ENERGY,
BIOFUELS,  OR  ENERGY  EFFICIENT  SYSTEMS;  MANUFACTURERS  THAT  PRODUCE
SUSTAINABLE  PRODUCTS  USING  ENVIRONMENTALLY  SUSTAINABLE PROCESSES AND
MATERIALS;
  (VIII) PUBLIC TRANSPORTATION (OPERATIONS AND MAINTENANCE); AND
  (IX) "INDUSTRIES-IN-TRANSITION" COVERING  SECTORS  THAT  ARE  ADOPTING
CLEANER TECHNOLOGIES AND PROCESSES.
  (E)  THE  SUBCOMMITTEE'S  ANALYSIS SHALL IDENTIFY JOB OPPORTUNITIES IN
THE GREEN ECONOMY AND DETERMINE THE POTENTIAL FOR EACH  INDUSTRY  SECTOR
TO CREATE NEW JOBS IN NEW YORK STATE, TAKING INTO ACCOUNT THE AVAILABIL-
ITY OF EXISTING HOUSING AND PUBLIC TRANSPORTATION NEAR THESE JOB SITES.

S. 5640--A                          3

  (F)  WITH RESPECT TO WORKFORCE DATA, THE SUBCOMMITTEE'S ANALYSIS SHALL
CONDUCT AN INVENTORY OF EXISTING:
  (I) JOB TRAINING PROGRAMS RELATED TO CLEAN TECHNOLOGY, RENEWABLE ENER-
GY, AND ENERGY EFFICIENCY TECHNOLOGIES;
  (II) EDUCATIONAL PROGRAMS RELATED TO CLEAN TECHNOLOGY, RENEWABLE ENER-
GY AND ENERGY EFFICIENCY TECHNOLOGIES AT PUBLIC AND PRIVATE COLLEGES AND
UNIVERSITIES   AND   KINDERGARTEN  THROUGH  TWELFTH  GRADE  INSTITUTIONS
THROUGHOUT THE STATE; AND
  (III) REFERRAL, CAREER COUNSELING AND CASE MANAGEMENT  SERVICES  WHICH
LINK  JOB SEEKERS TO JOB OPENINGS AND TRAINING PROGRAMS RELATED TO CLEAN
TECHNOLOGY, RENEWABLE ENERGY AND ENERGY EFFICIENCY.
  (G) THE SUBCOMMITTEE'S ANALYSIS SHALL:
  (I) DETERMINE THE EXTENT TO WHICH EXISTING  TRAINING  AND  EDUCATIONAL
PROGRAMS PREPARE THE WORKFORCE FOR THE NEEDS OF THE CLEAN TECH INDUSTRY;
IN SO DOING, THE SUBCOMMITTEE SHALL IDENTIFY GAPS IN RELEVANT SKILLS AND
COMPETENCIES  TO BETTER MATCH INDUSTRY DEMAND AND DEFINE TYPES OF TRAIN-
ING AND EDUCATIONAL PROGRAMS NECESSARY TO FILL THOSE GAPS;
  (II) ADDRESS THE CURRENT BARRIERS AND OPPORTUNITIES  FOR  THE  PARTIC-
IPATION  OF  TARGETED POPULATIONS DEFINED IN SUBPARAGRAPH (III) OF PARA-
GRAPH (D) OF SUBDIVISION THREE OF THIS SECTION; AND
  (III) INCLUDE RECOMMENDATIONS FOR ACTION TO PROMOTE JOB  TRAINING  AND
EDUCATION PROGRAMS.
  3.  JOB  TRAINING  PROGRAMS.  (A)  BASED  ON  THE RESULTS OF THE LABOR
MARKET/INDUSTRY DATA ANALYSIS IN SUBDIVISION TWO OF  THIS  SECTION,  THE
SUBCOMMITTEE  SHALL  DEVELOP  STRATEGIES  FOR JOB TRAINING PROGRAMS THAT
MATCH THE NEEDS OF THE STATE'S GROWING GREEN ECONOMY.
  (B) IN CARRYING OUT ITS DUTIES UNDER THIS SUBDIVISION, THE  SUBCOMMIT-
TEE  SHALL  WORK  WITH  ALL  RELEVANT  PUBLIC  AND PRIVATE STAKEHOLDERS,
INCLUDING, BUT NOT LIMITED TO, THOSE LISTED IN PARAGRAPH (B) OF SUBDIVI-
SION ONE OF THIS SECTION.
  (C) THE SUBCOMMITTEE SHALL EXPAND ON EXISTING JOB  TRAINING  PROGRAMS,
SUCH  AS  NYSERDA PROGRAMS FOR INSTALLER CERTIFICATION REGARDING MAINTE-
NANCE AND OPERATION OF LARGE-SCALE RENEWABLES AND ADDITIONAL SMALL SCALE
RENEWABLE TECHNOLOGIES SUCH AS WIND, SOLAR THERMAL, BIOMASS AND  ANAERO-
BIC DIGESTION SYSTEMS.
  (D)  THE  SUBCOMMITTEE SHALL DEVELOP NEW PROGRAMS NEEDED TO FILL RELE-
VANT SKILLS GAPS. IN DEVELOPING THESE PROGRAMS, THE  FOLLOWING  CRITERIA
MUST BE MET:
  (I)  INVOLVING  EMPLOYERS AND LABOR ORGANIZATIONS IN DETERMINING RELE-
VANT SKILLS AND COMPETENCIES, AS WELL AS ENSURING THAT THE  CERTIFICATES
OR  CREDENTIALS RESULTING FROM THE TRAINING PROGRAMS ARE EMPLOYER-RECOG-
NIZED;
  (II) COORDINATING JOB TRAINING PROGRAMS WITH  EXISTING  WORKFORCE  AND
ECONOMIC  DEVELOPMENT  STRATEGIES,  SUCH  AS  LABOR  MANAGEMENT TRAINING
PROGRAMS, UNION AND NON-UNION APPRENTICESHIP PROGRAMS, TO RETOOL WORKERS
IN DECLINING INDUSTRIES; AND
  (III) GIVING PRIORITY AND PROVIDING AN ENTRY-POINT TO  TARGETED  POPU-
LATIONS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
  (A)  INDIVIDUALS  SEEKING  PATHWAYS  OUT  OF POVERTY AND INTO ECONOMIC
SELF-SUFFICIENCY SUCH AS AT-RISK YOUTH, HIGH SCHOOL DROPOUTS, LOW-INCOME
WORKERS, UNEMPLOYED YOUTH AND ADULTS OR OTHER UNDERSERVED SECTORS OF THE
WORKFORCE IN AREAS OF HIGH POVERTY;
  (B) VETERANS OR PAST AND PRESENT MEMBERS OF RESERVE COMPONENTS OF  THE
ARMED FORCES;
  (C) NATIVE AMERICANS;
  (D) PEOPLE WITH PHYSICAL AND/OR LEARNING DISABILITIES;

S. 5640--A                          4

  (E) FORMERLY INCARCERATED, ADJUDICATED, NON-VIOLENT OFFENDERS;
  (F)  WORKERS  AFFECTED  BY DECLINING INDUSTRIES AND NATIONAL AND STATE
ENERGY AND ENVIRONMENTAL POLICIES; AND
  (G)  DISABLED  VETERAN  BUSINESS   ENTERPRISES,   MINORITY-OWNED   AND
WOMEN-OWNED BUSINESSES;
  (IV)  REQUIRING THAT PROGRAMS BE OFFERED AT ALTERNATIVE TIMES, INCLUD-
ING EVENING AND WEEKEND PROGRAMS,  AND  BE  LOCATED  IN  CONVENIENT  AND
ACCESSIBLE  LOCATIONS  FOR PARTICIPANTS, PARTICULARLY THE TARGETED POPU-
LATIONS SET FORTH IN SUBPARAGRAPH (III) OF THIS PARAGRAPH;
  (V) LINKING TRAINEES TO RELEVANT EMPLOYERS AND JOB OPPORTUNITIES; AND
  (VI) TO THE MAXIMUM EXTENT FEASIBLE, LEVERAGING A MIX  OF  PUBLIC  AND
PRIVATE  FUNDING,  INCLUDING  CASH OR IN-KIND MATCHES FROM PARTICIPATING
EMPLOYERS WITH THE GOAL THAT APPRENTICE TRAINING TUITION IS PARTIALLY OR
FULLY SUBSIDIZED AND THAT APPRENTICES RECEIVE A WAGE AND  BENEFIT  PACK-
AGE.
  (E)  TO  EXECUTE  ITS  TASKS  UNDER THIS SUBDIVISION, THE SUBCOMMITTEE
SHALL ENSURE THAT IT COORDINATES ITS EFFORTS WITH ITS TASKS UNDER SUBDI-
VISION FOUR OF THIS SECTION TO BUILD LINKAGES BETWEEN EDUCATION AND  JOB
TRAINING PROGRAMS AND ENSURE SMOOTH CAREER PATHWAYS.
  4.  EDUCATION  PROGRAMS.  (A)  BASED  ON  THE  RESULTS  OF  THE  LABOR
MARKET/INDUSTRY DATA ANALYSIS IN SUBDIVISION TWO OF  THIS  SECTION,  THE
SUBCOMMITTEE  SHALL  DEVELOP  EDUCATIONAL  PROGRAMS  AND  CURRICULA THAT
PREPARE STUDENTS FOR FUTURE CAREERS IN THE GREEN ECONOMY.
  (B) IN CARRYING OUT ITS DUTIES UNDER THIS SUBDIVISION, THE  SUBCOMMIT-
TEE  SHALL  WORK  WITH  ALL RELEVANT PUBLIC AND PRIVATE STAKEHOLDERS, AS
LISTED IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION.
  (C) WITH RESPECT TO HIGHER EDUCATION, THE  SUBCOMMITTEE  SHALL  EXPAND
AND  BUILD  ON  THE SUCCESSES OF EXISTING EDUCATION PROGRAMS AT COLLEGES
AND UNIVERSITIES, SUCH AS SUNY DELHI, SUNY  FARMINGDALE,  HUDSON  VALLEY
COMMUNITY COLLEGE, AND BRONX COMMUNITY COLLEGE; TO FILL THE GAPS IDENTI-
FIED  IN THE WORKFORCE DATA ANALYSIS, THE SUBCOMMITTEE SHALL DEVELOP NEW
TRAINING   PROGRAMS,   CURRICULA,   SUPPORT    SERVICES    AND    CAREER
GUIDANCE/MENTORING PROGRAMS IN THE GREEN ECONOMY.
  (D)  WITH RESPECT TO KINDERGARTEN THROUGH TWELFTH GRADE EDUCATION, THE
SUBCOMMITTEE SHALL DEVELOP KINDERGARTEN THROUGH  TWELFTH  GRADE  CURRIC-
ULUM,  EDUCATION  PROGRAMS,  AFTER  SCHOOL PROGRAMS AND CAREER TECHNICAL
EDUCATION PROGRAMS WHICH INTEGRATE ACADEMIC AND  TECHNICAL  LEARNING  TO
PREPARE  STUDENTS  FOR  BOTH  COLLEGE AND CAREERS; THESE PROGRAMS SHOULD
RAISE AWARENESS AND PROMOTE UNDERSTANDING OF RENEWABLE ENERGY AND ENERGY
EFFICIENCY PRINCIPLES AND TECHNOLOGIES; THESE PROGRAMS  SHOULD  INCORPO-
RATE  CONCEPTS  OF  CLIMATE  CHANGE,  GREEN  TECHNOLOGIES, ENVIRONMENTAL
SUSTAINABILITY, SMART GROWTH AND EMPHASIZE A HANDS-ON  APPROACH  THROUGH
SCHOOL DEMONSTRATION PROJECTS.
  (E)  IN  DEVELOPING  THESE PROGRAMS, THE SUBCOMMITTEE WILL ENSURE THAT
THE FOLLOWING CRITERIA ARE MET:
  (I) ASSIST STUDENTS IN ACQUIRING THE SKILLS  AND  KNOWLEDGE  THAT  ARE
RELEVANT TO FUTURE CAREERS DIRECTLY RELATED TO THE GREEN ECONOMY;
  (II) INVOLVE EMPLOYERS AND LABOR ORGANIZATIONS IN DETERMINING RELEVANT
SKILLS  AND  COMPETENCIES,  AS  WELL  AS ENSURE THAT THE CERTIFICATES OR
CREDENTIALS RESULTING FROM THE  TRAINING  PROGRAMS  ARE  EMPLOYER-RECOG-
NIZED;
  (III)  TO  THE  MAXIMUM  EXTENT  FEASIBLE,  COORDINATE  WITH  EXISTING
PROGRAMS TO INTEGRATE GREEN CONCEPTS INTO EXISTING CURRICULA;
  (IV) ALIGN CURRICULA WITH STATE-APPROVED EDUCATION STANDARDS;
  (V) GIVE PRIORITY TO LOW-INCOME AND AT-RISK YOUTH  AND  ENSURE  AVAIL-
ABILITY OF THESE PROGRAMS IN UNDERSERVED AREAS OF THE STATE;

S. 5640--A                          5

  (VI) COORDINATE WITH UNION AND NON-UNION APPRENTICESHIP PROGRAMS; AND
  (VII)  LEVERAGE A MIX OF PUBLIC AND PRIVATE FUNDING, INCLUDING CASH OR
IN-KIND MATCHES.
  (F) TO EXECUTE ITS TASKS  UNDER  THIS  SUBDIVISION,  THE  SUBCOMMITTEE
SHALL  ENSURE THAT IT COORDINATES ITS EFFORTS UNDER SUBDIVISION THREE OF
THIS SECTION TO  BUILD  LINKAGES  BETWEEN  EDUCATION  AND  JOB  TRAINING
PROGRAMS AND ENSURE SMOOTH CAREER PATHWAYS.
  5.  LOCAL  GREEN JOBS CORPS. (A) THE SUBCOMMITTEE WILL WORK WITH LOCAL
AND REGIONAL GOVERNMENTS TO FACILITATE THE CREATION OF LOCAL GREEN  JOBS
CORPS IN MUNICIPALITIES THROUGHOUT NEW YORK STATE;
  (B)  GREEN JOBS CORPS WILL WORK WITH THE LOCAL COMMUNITY, OTHER ESTAB-
LISHED LOCAL GREEN JOBS PROGRAMS AND INITIATIVES, AND TAKE ALL NECESSARY
STEPS TO DEVELOP GREEN CAREER PATHS, INCLUDING BUT NOT LIMITED  TO,  JOB
READINESS, SKILLS EDUCATION AND CAREER COUNSELING;
  (C)  TO THE MAXIMUM EXTENT FEASIBLE, EACH LOCAL GREEN JOBS CORPS SHALL
BE ESTABLISHED AS A MULTI-STAKEHOLDER TASK FORCE AND INCLUDE KEY  STAKE-
HOLDERS  SUCH  AS  REPRESENTATIVES FROM THE COMMUNITY, LOCAL GOVERNMENT,
RESIDENTS, ENVIRONMENTAL, EDUCATION, BUSINESS AND LABOR GROUPS; AND
  (D) THE SUBCOMMITTEE SHALL ASSIST LOCAL GREEN JOBS CORPS AS NEEDED.
  6. THE SUBCOMMITTEE SHALL EXPLORE ALL PUBLIC AND PRIVATE FUNDING MECH-
ANISMS TO IMPLEMENT THE PROVISIONS OF THIS SECTION; SUCH FINANCING MECH-
ANISMS SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING:
  (A) ANY AND ALL FUNDS AVAILABLE  THROUGH  THE  AMERICAN  RECOVERY  AND
REINVESTMENT ACT;
  (B) ANY OR ALL FUNDS AVAILABLE THROUGH THE ENERGY EFFICIENCY OR RENEW-
ABLE ENERGY PORTFOLIO STANDARDS;
  (C)  STATE  AND  FEDERAL  WORKFORCE  AND  ECONOMIC  DEVELOPMENT FUNDS,
INCLUDING BUT NOT LIMITED TO NYSERDA;
  (D) PRIVATE SECTOR TRAINING INVESTMENTS;
  (E) STATE BONDING INITIATIVES;
  (F) AUCTION REVENUES FROM STATE AND FEDERAL CAP-AND-TRADE PROGRAMS;
  (G) GRANTS;
  (H) PUBLIC PENSION FUND INVESTMENTS;
  (I) SAVINGS FROM INVESTMENTS IN ENERGY EFFICIENCY RETROFITS;
  (J) INVESTMENT/PRODUCTION TAX CREDITS AND OTHER TAX  ABATEMENT  INCEN-
TIVES; AND
  (K) FOUNDATIONS AND CORPORATIONS.
  7.  REPORTING  REQUIREMENTS. (A) BASED ON ITS PERIODIC REPORTS, AS SET
FORTH IN SUBDIVISION TWO OF THIS SECTION, THE SUBCOMMITTEE SHALL PREPARE
AN ANNUAL REPORT ON GREEN LABOR MARKET OUTCOMES  AND  WORKFORCE  TRENDS,
WHICH  SHALL  BE  SUBMITTED  TO  THE GOVERNOR AND THE LEGISLATURE.   ALL
SUBSEQUENT ANNUAL REPORTS SHALL BE DUE ONE YEAR FROM THE  SUBMISSION  OF
THE PRIOR REPORT OR AS SOON AS PRACTICABLE THEREAFTER.
  (B)  THE  REPORT  SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
INFORMATION:
  (I) UP-TO-DATE LABOR MARKET  AND  INDUSTRY  DATA  ANALYSIS,  INCLUDING
DEMOGRAPHICS OF TRAINEES AND STUDENTS AND SIGNIFICANT BARRIERS TO TRAIN-
ING,  EDUCATION AND EMPLOYMENT SUCH AS LIMITED LANGUAGE SKILLS, CRIMINAL
RECORD, ADDICTION OR MENTAL HEALTH ISSUES;
  (II) A SUMMARY OF  NEW  JOB  TRAINING  PROGRAMS  AND  FUNDING  SOURCES
SUPPORTING  THESE  PROGRAMS,  INCLUDING  THE  NUMBER  OF APPLICANTS TO A
PROGRAM, NUMBER OF PARTICIPANTS ENROLLED, AND COMPLETION RATES;
  (III) A SUMMARY OF NEW EDUCATION PROGRAMS AND FUNDING SOURCES SUPPORT-
ING THESE PROGRAMS, INCLUDING THE NUMBER OF  APPLICANTS  TO  A  PROGRAM,
NUMBER OF PARTICIPANTS ENROLLED, AND GRADUATION RATES;

S. 5640--A                          6

  (IV)  A SUMMARY OF EXISTING PROGRAMS THAT HAVE INCORPORATED GREEN JOBS
SKILLS INTO THEIR CURRICULUM;
  (V)  A  SUMMARY  OF  PARTNERSHIPS  THAT  HAVE CREATED LINKAGES BETWEEN
EDUCATION AND JOB TRAINING PROGRAMS;
  (VI) A SUMMARY OF NEW LOCAL GREEN JOBS INITIATIVES;
  (VII) THE RATE OF JOB PLACEMENT AND  EMPLOYMENT  RETENTION  AFTER  ONE
YEAR;
  (VIII)  THE  AVERAGE WAGE AT PLACEMENT, INCLUDING BENEFITS AND RATE OF
AVERAGE WAGE INCREASE AFTER ONE YEAR;
  (IX) RECOMMENDATIONS TO  IMPLEMENT  NEW  JOB  TRAINING  AND  EDUCATION
PROGRAMS, AND TO INCREASE JOB PLACEMENT AND RETENTION; AND
  (X) PROGRESS ON IMPLEMENTATION OF RECOMMENDATIONS FROM PRIOR REPORTING
CYCLES.
  (C) THE REPORT SHALL MAKE NARROWLY TAILORED RECOMMENDATIONS BASED UPON
THE  AFOREMENTIONED  DATA  AND FINDINGS, INCLUDING SPECIFIC AND TARGETED
REQUIREMENTS FOR ACTIONS TO BE  COMPLETED  WITHIN  PRE-DETERMINED  TIME-
FRAMES.
  S  2.  This act shall take effect immediately; provided that the state
workforce investment board shall establish the green  jobs  subcommittee
within 6 months of the date on which this act shall have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5640--B
    Cal. No. 520

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 22, 2009
                               ___________

Introduced  by Sens. THOMPSON, ADDABBO, SAVINO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Labor --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee -- recommitted to the Committee on Labor
  in  accordance  with Senate Rule 6, sec. 8 -- committee discharged and
  said bill committed to the Committee on Finance -- reported  favorably
  from  said committee, ordered to first and second report, ordered to a
  third reading,  passed  by  Senate  and  delivered  to  the  Assembly,
  recalled,  vote  reconsidered,  restored to third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the labor law, in relation to establishing  the  subcom-
  mittee  on green jobs workforce to conduct labor market data analysis,
  to provide job training and education programs, and to provide a local
  green jobs corps

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  labor  law is amended by adding a new section 854 to
read as follows:
  S 854. GREEN JOBS WORKFORCE SUBCOMMITTEE. 1.  CREATION  AND  CONSTITU-
TION.  (A)  THE  GREEN  JOBS SUBCOMMITTEE (THE "SUBCOMMITTEE") IS HEREBY
ESTABLISHED BY  THE  STATE  WORKFORCE  INVESTMENT  BOARD  CONSISTING  OF
MEMBERS  OF  THE  STATE  WORKFORCE  INVESTMENT  BOARD  TO COORDINATE THE
STATE'S EFFORTS TO DEVELOP AND TRAIN A WORKFORCE IN THE GREEN ECONOMY.
  (B) THE SUBCOMMITTEE SHALL WORK WITH THE FOLLOWING PUBLIC AND  PRIVATE
STAKEHOLDERS  IN  DEVELOPING  AND  CARRYING  OUT  ITS  TASKS  UNDER THIS
SECTION, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: THE  DEPARTMENT  OF
LABOR;  THE  NEW  YORK  STATE  ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
(NYSERDA); THE WORKFORCE DEVELOPMENT INSTITUTE; THE DEPARTMENT OF EDUCA-
TION; THE PUBLIC SERVICE COMMISSION; THE EMPIRE STATE DEVELOPMENT CORPO-
RATION; DOWNSTATE EMPIRE STATE DEVELOPMENT CORPORATION;  UPSTATE  EMPIRE
STATE  DEVELOPMENT CORPORATION; THE DEPARTMENT OF CORRECTIONAL SERVICES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD11129-05-0

S. 5640--B                          2

THE OFFICE OF CHILDREN AND FAMILY SERVICES'  NATIVE  AMERICAN  SERVICES;
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; THE DEPARTMENT OF AGRICUL-
TURE  AND  MARKETS;  THE DEPARTMENT OF TRANSPORTATION; THE DEPARTMENT OF
HOUSING;  THE  NEW YORK POWER AUTHORITY; THE OFFICE OF GENERAL SERVICES;
THE OFFICE OF TEMPORARY AND  DISABILITY  ASSISTANCE;  THE  ENVIRONMENTAL
FACILITIES CORPORATION; NEW YORK POWER AUTHORITY; NEW YORK STATE DEPART-
MENT  OF  PUBLIC  SERVICES;  NEW YORK STATE FARM BUREAU; REPRESENTATIVES
FROM THE ENVIRONMENTAL JUSTICE  COMMUNITY;  REPRESENTATIVES  FROM  LABOR
ORGANIZATIONS;  REPRESENTATIVES FROM ORGANIZATIONS WHOSE PRIMARY MISSION
IS COMMITTED TO  JOB  TRAINING  ACTIVITIES;  REPRESENTATIVES  FROM  K-12
EDUCATIONAL  INSTITUTIONS,  SECONDARY  EDUCATIONAL  INSTITUTIONS,  TRADE
SCHOOLS, AND THE NEW YORK  STATE  AND  REGIONAL  BOARDS  OF  COOPERATIVE
EDUCATION  SERVICES  ("BOCES"); REPRESENTATIVES FROM THE PRIVATE SECTOR,
SMALL BUSINESS, INDUSTRIES AND TRADE ASSOCIATIONS; THE NEW YORK  CHAPTER
OF  THE UNITED STATES GREEN BUILDING COUNCIL; NON-PROFIT, NON-GOVERNMEN-
TAL AND COMMUNITY-BASED ORGANIZATIONS WHICH  FOCUS  ON  LABOR,  ENVIRON-
MENTAL  ISSUES, ENERGY EFFICIENCY, RENEWABLE ENERGY, CLEAN TECHNOLOGIES,
AND ALTERNATIVE FUELS; NATIVE  AMERICAN  TRIBES;  ORGANIZATIONS  DEALING
WITH  ADULTS  AND  YOUTH  WITH  SPECIAL NEEDS, AND PHYSICAL AND LEARNING
DISABILITIES; LOCAL GOVERNMENTS AND  MUNICIPALITIES;  WORKER  INVESTMENT
AGENCY ONE-STOP CAREER CENTERS; AND LOCAL VETERANS AGENCIES AND VETERANS
SERVICE ORGANIZATIONS.
  (C)  THE  SUBCOMMITTEE  MAY EMPLOY AND REMOVE SUCH PERSONNEL AS IT MAY
DEEM NECESSARY FOR THE PERFORMANCE OF ITS FUNCTIONS. TO  CARRY  OUT  THE
TASKS  UNDER  THIS  SECTION,  THE  SUBCOMMITTEE  SHALL ASSIGN SUFFICIENT
STAFF.
  2. LABOR MARKET/INDUSTRY DATA ANALYSIS. (A) THE SUBCOMMITTEE SHALL  BE
RESPONSIBLE  FOR  COLLECTING,  DEVELOPING  AND  ANALYZING  STATEWIDE AND
REGIONAL LABOR MARKET AND INDUSTRY DATA.
  (B) IN CARRYING OUT ITS DUTIES UNDER THIS SUBDIVISION, THE  SUBCOMMIT-
TEE  SHALL  CONSULT  WITH  ALL RELEVANT PUBLIC AND PRIVATE STAKEHOLDERS,
INCLUDING, BUT NOT LIMITED TO, THOSE LISTED IN PARAGRAPH (B) OF SUBDIVI-
SION ONE OF THIS SECTION.
  (C) THE SUBCOMMITTEE SHALL PROVIDE A PERIODIC ANALYSIS WHICH  INCLUDES
INDUSTRY  AND WORKFORCE DATA, AND IDENTIFIES EXISTING AND EMERGING BUSI-
NESSES IN THE GREEN ECONOMY AND WORKFORCE SKILLS NEEDED TO MATCH  EXIST-
ING  AND/OR GROWING DEMAND. THE SUBCOMMITTEE SHALL PROVIDE THIS INFORMA-
TION IN AN ANNUAL REPORT  AS  PROVIDED  IN  SUBDIVISION  SEVEN  OF  THIS
SECTION.
  (D)  FOR  PURPOSES OF COLLECTING INDUSTRY DATA, THE SUBCOMMITTEE SHALL
FOCUS ON THE FOLLOWING SECTORS, WHICH INCLUDE BUT ARE NOT LIMITED TO THE
FOLLOWING:
  (I) ENERGY-EFFICIENT BUILDING, CONSTRUCTION  AND  RETROFIT  INDUSTRIES
AND OTHER INDUSTRIES WITH AN EXPERTISE IN GREEN BUILDING TECHNIQUES;
  (II)  ENERGY-EFFICIENCY ASSESSMENT INDUSTRIES SERVING THE RESIDENTIAL,
COMMERCIAL AND INDUSTRIAL SECTORS;
  (III) RENEWABLE ELECTRIC POWER INDUSTRIES;
  (IV) BIOFUELS INDUSTRIES;
  (V) DECONSTRUCTION, MATERIALS REUSE AND RECYCLING INDUSTRIES;
  (VI) BROWNFIELD REMEDIATION;
  (VII) COMPONENT MANUFACTURERS THAT MAKE PARTS  FOR  RENEWABLE  ENERGY,
BIOFUELS,  OR  ENERGY  EFFICIENT  SYSTEMS;  MANUFACTURERS  THAT  PRODUCE
SUSTAINABLE PRODUCTS USING  ENVIRONMENTALLY  SUSTAINABLE  PROCESSES  AND
MATERIALS;
  (VIII) PUBLIC TRANSPORTATION (OPERATIONS AND MAINTENANCE); AND

S. 5640--B                          3

  (IX)  "INDUSTRIES-IN-TRANSITION"  COVERING  SECTORS  THAT ARE ADOPTING
CLEANER TECHNOLOGIES AND PROCESSES.
  (E)  THE  SUBCOMMITTEE'S  ANALYSIS SHALL IDENTIFY JOB OPPORTUNITIES IN
THE GREEN ECONOMY AND DETERMINE THE POTENTIAL FOR EACH  INDUSTRY  SECTOR
TO CREATE NEW JOBS IN NEW YORK STATE, TAKING INTO ACCOUNT THE AVAILABIL-
ITY OF EXISTING HOUSING AND PUBLIC TRANSPORTATION NEAR THESE JOB SITES.
  (F)  WITH RESPECT TO WORKFORCE DATA, THE SUBCOMMITTEE'S ANALYSIS SHALL
CONDUCT AN INVENTORY OF EXISTING:
  (I) JOB TRAINING PROGRAMS RELATED TO CLEAN TECHNOLOGY, RENEWABLE ENER-
GY, AND ENERGY EFFICIENCY TECHNOLOGIES;
  (II) EDUCATIONAL PROGRAMS RELATED TO CLEAN TECHNOLOGY, RENEWABLE ENER-
GY AND ENERGY EFFICIENCY TECHNOLOGIES AT PUBLIC AND PRIVATE COLLEGES AND
UNIVERSITIES  AND  KINDERGARTEN  THROUGH  TWELFTH   GRADE   INSTITUTIONS
THROUGHOUT THE STATE; AND
  (III)  REFERRAL,  CAREER COUNSELING AND CASE MANAGEMENT SERVICES WHICH
LINK JOB SEEKERS TO JOB OPENINGS AND TRAINING PROGRAMS RELATED TO  CLEAN
TECHNOLOGY, RENEWABLE ENERGY AND ENERGY EFFICIENCY.
  (G) THE SUBCOMMITTEE'S ANALYSIS SHALL:
  (I)  DETERMINE  THE  EXTENT TO WHICH EXISTING TRAINING AND EDUCATIONAL
PROGRAMS PREPARE THE WORKFORCE FOR THE NEEDS OF THE CLEAN TECH INDUSTRY;
IN SO DOING, THE SUBCOMMITTEE SHALL IDENTIFY GAPS IN RELEVANT SKILLS AND
COMPETENCIES TO BETTER MATCH INDUSTRY DEMAND AND DEFINE TYPES OF  TRAIN-
ING AND EDUCATIONAL PROGRAMS NECESSARY TO FILL THOSE GAPS;
  (II)  ADDRESS  THE  CURRENT BARRIERS AND OPPORTUNITIES FOR THE PARTIC-
IPATION OF TARGETED POPULATIONS DEFINED IN SUBPARAGRAPH (III)  OF  PARA-
GRAPH (D) OF SUBDIVISION THREE OF THIS SECTION; AND
  (III)  INCLUDE  RECOMMENDATIONS FOR ACTION TO PROMOTE JOB TRAINING AND
EDUCATION PROGRAMS.
  3. JOB TRAINING PROGRAMS. (A)  BASED  ON  THE  RESULTS  OF  THE  LABOR
MARKET/INDUSTRY  DATA  ANALYSIS  IN SUBDIVISION TWO OF THIS SECTION, THE
SUBCOMMITTEE SHALL DEVELOP STRATEGIES FOR  JOB  TRAINING  PROGRAMS  THAT
MATCH THE NEEDS OF THE STATE'S GROWING GREEN ECONOMY.
  (B)  IN CARRYING OUT ITS DUTIES UNDER THIS SUBDIVISION, THE SUBCOMMIT-
TEE SHALL WORK  WITH  ALL  RELEVANT  PUBLIC  AND  PRIVATE  STAKEHOLDERS,
INCLUDING, BUT NOT LIMITED TO, THOSE LISTED IN PARAGRAPH (B) OF SUBDIVI-
SION ONE OF THIS SECTION.
  (C)  THE  SUBCOMMITTEE SHALL EXPAND ON EXISTING JOB TRAINING PROGRAMS,
SUCH AS NYSERDA PROGRAMS FOR INSTALLER CERTIFICATION  REGARDING  MAINTE-
NANCE AND OPERATION OF LARGE-SCALE RENEWABLES AND ADDITIONAL SMALL SCALE
RENEWABLE  TECHNOLOGIES SUCH AS WIND, SOLAR THERMAL, BIOMASS AND ANAERO-
BIC DIGESTION SYSTEMS.
  (D) THE SUBCOMMITTEE SHALL DEVELOP NEW PROGRAMS NEEDED TO  FILL  RELE-
VANT  SKILLS  GAPS. IN DEVELOPING THESE PROGRAMS, THE FOLLOWING CRITERIA
MUST BE MET:
  (I) INVOLVING EMPLOYERS AND LABOR ORGANIZATIONS IN  DETERMINING  RELE-
VANT  SKILLS AND COMPETENCIES, AS WELL AS ENSURING THAT THE CERTIFICATES
OR CREDENTIALS RESULTING FROM THE TRAINING PROGRAMS ARE  EMPLOYER-RECOG-
NIZED;
  (II)  COORDINATING  JOB  TRAINING PROGRAMS WITH EXISTING WORKFORCE AND
ECONOMIC DEVELOPMENT  STRATEGIES,  SUCH  AS  LABOR  MANAGEMENT  TRAINING
PROGRAMS, UNION AND NON-UNION APPRENTICESHIP PROGRAMS, TO RETOOL WORKERS
IN DECLINING INDUSTRIES; AND
  (III)  GIVING  PRIORITY AND PROVIDING AN ENTRY-POINT TO TARGETED POPU-
LATIONS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
  (A) INDIVIDUALS SEEKING PATHWAYS OUT  OF  POVERTY  AND  INTO  ECONOMIC
SELF-SUFFICIENCY SUCH AS AT-RISK YOUTH, HIGH SCHOOL DROPOUTS, LOW-INCOME

S. 5640--B                          4

WORKERS, UNEMPLOYED YOUTH AND ADULTS OR OTHER UNDERSERVED SECTORS OF THE
WORKFORCE IN AREAS OF HIGH POVERTY;
  (B)  VETERANS OR PAST AND PRESENT MEMBERS OF RESERVE COMPONENTS OF THE
ARMED FORCES;
  (C) NATIVE AMERICANS;
  (D) PEOPLE WITH PHYSICAL AND/OR LEARNING DISABILITIES;
  (E) FORMERLY INCARCERATED, ADJUDICATED, NON-VIOLENT OFFENDERS;
  (F) WORKERS AFFECTED BY DECLINING INDUSTRIES AND  NATIONAL  AND  STATE
ENERGY AND ENVIRONMENTAL POLICIES; AND
  (G)   DISABLED   VETERAN   BUSINESS  ENTERPRISES,  MINORITY-OWNED  AND
WOMEN-OWNED BUSINESSES;
  (IV) REQUIRING THAT PROGRAMS BE OFFERED AT ALTERNATIVE TIMES,  INCLUD-
ING  EVENING  AND  WEEKEND  PROGRAMS,  AND  BE LOCATED IN CONVENIENT AND
ACCESSIBLE LOCATIONS FOR PARTICIPANTS, PARTICULARLY THE  TARGETED  POPU-
LATIONS SET FORTH IN SUBPARAGRAPH (III) OF THIS PARAGRAPH;
  (V) LINKING TRAINEES TO RELEVANT EMPLOYERS AND JOB OPPORTUNITIES; AND
  (VI)  TO  THE  MAXIMUM EXTENT FEASIBLE, LEVERAGING A MIX OF PUBLIC AND
PRIVATE FUNDING, INCLUDING CASH OR IN-KIND  MATCHES  FROM  PARTICIPATING
EMPLOYERS  WITH  THE GOAL THAT TRAINING IS PARTIALLY OR FULLY SUBSIDIZED
AND THAT ALL APPRENTICES RECEIVE A WAGE AND BENEFIT PACKAGE.
  (E) TO EXECUTE ITS TASKS  UNDER  THIS  SUBDIVISION,  THE  SUBCOMMITTEE
SHALL ENSURE THAT IT COORDINATES ITS EFFORTS WITH ITS TASKS UNDER SUBDI-
VISION  FOUR OF THIS SECTION TO BUILD LINKAGES BETWEEN EDUCATION AND JOB
TRAINING PROGRAMS AND ENSURE SMOOTH CAREER PATHWAYS.
  4. EDUCATION PROGRAMS.  (A) THE SUBCOMMITTEE SHALL WORK WITH ALL RELE-
VANT PUBLIC AND PRIVATE STAKEHOLDERS,  INCLUDING  BUT  NOT  LIMITED  TO,
THOSE  LISTED  IN  PARAGRAPH  (B)  OF SUBDIVISION ONE OF THIS SECTION TO
ASSIST SUCH ENTITIES IN DEVELOPING EDUCATIONAL  PROGRAMS  AND  CURRICULA
THAT  PREPARE  STUDENTS FOR FUTURE CAREERS IN THE GREEN ECONOMY BASED ON
THE RESULTS OF THE  LABOR  MARKET/INDUSTRY  DATA  ANALYSIS  REQUIRED  BY
SUBDIVISION TWO OF THIS SECTION.
  (B) THE SUBCOMMITTEE SHALL EXPAND AND BUILD ON THE SUCCESSES OF EXIST-
ING EDUCATION PROGRAMS AT COLLEGES AND UNIVERSITIES, SUCH AS SUNY DELHI,
SUNY  FARMINGDALE,  HUDSON VALLEY COMMUNITY COLLEGE, AND BRONX COMMUNITY
COLLEGE; TO FILL THE GAPS IDENTIFIED IN THE WORKFORCE DATA ANALYSIS, THE
SUBCOMMITTEE SHALL DEVELOP NEW  TRAINING  PROGRAMS,  CURRICULA,  SUPPORT
SERVICES AND CAREER GUIDANCE/MENTORING PROGRAMS IN THE GREEN ECONOMY.
  (C)  IN  DEVELOPING  THESE PROGRAMS, THE SUBCOMMITTEE WILL ENSURE THAT
THE FOLLOWING CRITERIA ARE MET:
  (I) ASSIST STUDENTS IN ACQUIRING THE SKILLS  AND  KNOWLEDGE  THAT  ARE
RELEVANT TO FUTURE CAREERS DIRECTLY RELATED TO THE GREEN ECONOMY;
  (II) INVOLVE EMPLOYERS AND LABOR ORGANIZATIONS IN DETERMINING RELEVANT
SKILLS  AND  COMPETENCIES,  AS  WELL  AS ENSURE THAT THE CERTIFICATES OR
CREDENTIALS RESULTING FROM THE  TRAINING  PROGRAMS  ARE  EMPLOYER-RECOG-
NIZED;
  (III)  TO  THE  MAXIMUM  EXTENT  FEASIBLE,  COORDINATE  WITH  EXISTING
PROGRAMS TO INTEGRATE GREEN CONCEPTS INTO EXISTING CURRICULA;
  (IV) COORDINATE WITH UNION AND NON-UNION APPRENTICESHIP PROGRAMS; AND
  (V) LEVERAGE A MIX OF PUBLIC AND PRIVATE FUNDING,  INCLUDING  CASH  OR
IN-KIND MATCHES.
  (D)  TO  EXECUTE  ITS  TASKS  UNDER THIS SUBDIVISION, THE SUBCOMMITTEE
SHALL ENSURE THAT IT COORDINATES ITS EFFORTS UNDER SUBDIVISION THREE  OF
THIS  SECTION  TO  BUILD  LINKAGES  BETWEEN  EDUCATION  AND JOB TRAINING
PROGRAMS AND ENSURE SMOOTH CAREER PATHWAYS.

S. 5640--B                          5

  5. LOCAL GREEN JOBS CORPS. (A) THE SUBCOMMITTEE WILL WORK  WITH  LOCAL
AND  REGIONAL GOVERNMENTS TO FACILITATE THE CREATION OF LOCAL GREEN JOBS
CORPS IN MUNICIPALITIES THROUGHOUT NEW YORK STATE;
  (B)  GREEN  JOBS CORPS WILL WORK WITH THE LOCAL COMMUNITY, LOCAL WORK-
FORCE INVESTMENT BOARDS, OTHER ESTABLISHED LOCAL GREEN JOBS PROGRAMS AND
INITIATIVES, AND TAKE ALL NECESSARY STEPS TO DEVELOP GREEN CAREER PATHS,
INCLUDING BUT NOT LIMITED TO, JOB READINESS, SKILLS EDUCATION AND CAREER
COUNSELING;
  (C) TO THE MAXIMUM EXTENT FEASIBLE, EACH LOCAL GREEN JOBS CORPS  SHALL
BE  ESTABLISHED AS A MULTI-STAKEHOLDER TASK FORCE AND INCLUDE KEY STAKE-
HOLDERS SUCH AS REPRESENTATIVES FROM THE  COMMUNITY,  LOCAL  GOVERNMENT,
RESIDENTS, ENVIRONMENTAL, EDUCATION, BUSINESS AND LABOR GROUPS; AND
  (D) THE SUBCOMMITTEE SHALL ASSIST LOCAL GREEN JOBS CORPS AS NEEDED.
  6. THE SUBCOMMITTEE SHALL EXPLORE ALL PUBLIC AND PRIVATE FUNDING MECH-
ANISMS TO IMPLEMENT THE PROVISIONS OF THIS SECTION; SUCH FINANCING MECH-
ANISMS SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING:
  (A)  ANY  AND  ALL  FUNDS  AVAILABLE THROUGH THE AMERICAN RECOVERY AND
REINVESTMENT ACT;
  (B) ANY OR ALL FUNDS AVAILABLE THROUGH THE ENERGY EFFICIENCY OR RENEW-
ABLE ENERGY PORTFOLIO STANDARDS;
  (C) STATE  AND  FEDERAL  WORKFORCE  AND  ECONOMIC  DEVELOPMENT  FUNDS,
INCLUDING BUT NOT LIMITED TO NYSERDA;
  (D) PRIVATE SECTOR TRAINING INVESTMENTS;
  (E) STATE BONDING INITIATIVES;
  (F) AUCTION REVENUES FROM STATE AND FEDERAL CAP-AND-TRADE PROGRAMS;
  (G) GRANTS;
  (H) PUBLIC PENSION FUND INVESTMENTS;
  (I) SAVINGS FROM INVESTMENTS IN ENERGY EFFICIENCY RETROFITS;
  (J)  INVESTMENT/PRODUCTION  TAX CREDITS AND OTHER TAX ABATEMENT INCEN-
TIVES; AND
  (K) FOUNDATIONS AND CORPORATIONS.
  7. REPORTING REQUIREMENTS. (A) BASED ON ITS PERIODIC REPORTS,  AS  SET
FORTH IN SUBDIVISION TWO OF THIS SECTION, THE SUBCOMMITTEE SHALL PREPARE
AN  ANNUAL  REPORT  ON GREEN LABOR MARKET OUTCOMES AND WORKFORCE TRENDS,
WHICH SHALL BE SUBMITTED TO THE  GOVERNOR  AND  THE  LEGISLATURE.    ALL
SUBSEQUENT  ANNUAL  REPORTS SHALL BE DUE ONE YEAR FROM THE SUBMISSION OF
THE PRIOR REPORT OR AS SOON AS PRACTICABLE THEREAFTER.
  (B) THE REPORT SHALL INCLUDE, BUT NOT BE  LIMITED  TO,  THE  FOLLOWING
INFORMATION:
  (I)  UP-TO-DATE  LABOR  MARKET  AND  INDUSTRY DATA ANALYSIS, INCLUDING
DEMOGRAPHICS OF TRAINEES AND STUDENTS AND SIGNIFICANT BARRIERS TO TRAIN-
ING, EDUCATION AND EMPLOYMENT SUCH AS LIMITED LANGUAGE SKILLS,  CRIMINAL
RECORD, ADDICTION OR MENTAL HEALTH ISSUES;
  (II)  A  SUMMARY  OF  NEW  JOB  TRAINING  PROGRAMS AND FUNDING SOURCES
SUPPORTING THESE PROGRAMS, INCLUDING  THE  NUMBER  OF  APPLICANTS  TO  A
PROGRAM, NUMBER OF PARTICIPANTS ENROLLED, AND COMPLETION RATES;
  (III) A SUMMARY OF NEW EDUCATION PROGRAMS AND FUNDING SOURCES SUPPORT-
ING  THESE  PROGRAMS,  INCLUDING  THE NUMBER OF APPLICANTS TO A PROGRAM,
NUMBER OF PARTICIPANTS ENROLLED, AND GRADUATION RATES;
  (IV) A SUMMARY OF EXISTING PROGRAMS THAT HAVE INCORPORATED GREEN  JOBS
SKILLS INTO THEIR CURRICULUM;
  (V)  A  SUMMARY  OF  PARTNERSHIPS  THAT  HAVE CREATED LINKAGES BETWEEN
EDUCATION AND JOB TRAINING PROGRAMS;
  (VI) A SUMMARY OF NEW LOCAL GREEN JOBS INITIATIVES;
  (VII) THE RATE OF JOB PLACEMENT AND  EMPLOYMENT  RETENTION  AFTER  ONE
YEAR;

S. 5640--B                          6

  (VIII)  THE  AVERAGE WAGE AT PLACEMENT, INCLUDING BENEFITS AND RATE OF
AVERAGE WAGE INCREASE AFTER ONE YEAR;
  (IX)  RECOMMENDATIONS  TO  IMPLEMENT  NEW  JOB  TRAINING AND EDUCATION
PROGRAMS, AND TO INCREASE JOB PLACEMENT AND RETENTION; AND
  (X) PROGRESS ON IMPLEMENTATION OF RECOMMENDATIONS FROM PRIOR REPORTING
CYCLES.
  (C) THE REPORT SHALL MAKE NARROWLY TAILORED RECOMMENDATIONS BASED UPON
THE AFOREMENTIONED DATA AND FINDINGS, INCLUDING  SPECIFIC  AND  TARGETED
REQUIREMENTS  FOR  ACTIONS  TO  BE COMPLETED WITHIN PRE-DETERMINED TIME-
FRAMES.
  S 2. This act shall take effect immediately; provided that  the  state
workforce  investment  board shall establish the green jobs subcommittee
within 6 months of the date on which this act shall have become a law.