senate Bill S4214

2013-2014 Legislative Session

Establishes the Clean and Green Energy Corps

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Mar 14, 2013 referred to environmental conservation

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S4214 - Bill Details

Current Committee:
Law Section:
Environmental Conservation

S4214 - Bill Texts

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Establishes the Clean and Green Energy Corps.

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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.

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

                                  4214

                       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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08867-01-3

S. 4214                             2

  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.

S. 4214                             3

  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

S. 4214                             4

  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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