NY State Senate Bill 2021-S1242

Senate Bill S1242

2021-2022 Legislative Session

Enacts the New York 21st century civilian conservation corps act as a means of providing gainful employment to unemployed and underemployed residents of the state; and making an appropriation therefor

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to finance
Jan 08, 2021	referred to finance

co-Sponsors

2021-S1242 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Add Art 34 §§960 - 963, Lab L

2021-S1242 (ACTIVE) - Summary

Enacts the "New York 21st century civilian conservation corps act" as a means of providing gainful employment to unemployed and underemployed residents of the state; makes an appropriation therefor.

2021-S1242 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1242

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the labor law, in relation to enacting the "New York
21st century civilian conservation corps act" as a means of providing
gainful employment to unemployed and underemployed residents of the
state; and making an appropriation therefor

 
PURPOSE:

This bill establishes a jobs program called the New York 21st Century
Civilian Conservation Corps, to provide employment for New Yorkers and
advance the state's commitment to sustainability and conservation.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the Labor Law by adding a new Article 34.

Section 960: Sets short title.

Section 961: Establishes the New York 21st Century Civilian Conservation
Corps, the purpose of this program, and the operation of this program by
the Department of Labor. It sets forth the role of other state agencies,
and the Commissioner's authority as to the inclusion of other lands,
contracting, the acquisition of real property, and to establish a train-
ing program for Corps members. It provides for coordination between this
program and not-for-profit corporations.

Section 962: Establishes the administration of the New York 21st Century
Civilian Conservation Corps, including employment preferences, housing
and care of employees, transportation of employees, and sets forth that
no discriminatory hiring practices will be permitted.

Section 963: Sets forth the process for project submission and approval.
Criteria used for approval shall include employee hours, the scope of
the project as it relates to the training received by Corps members, and
the project's contribution to positive economic and environmental
outcomes.

Section 2: Appropriates funds to the Department of Labor in the sum of
forty million dollars ($40,000,000), or whatever amount is deemed neces-
sary.

Section 3: Sets the effective date.

 
JUSTIFICATION:

Since the beginning of the COVID-19 public health emergency, well over a
million New Yorkers are out of work and many more have suffered signif-
icant economic setbacks. Our state's economy is in a state of disarray
not seen since the 1930s, rocked by economic hardship and depravation
that shows no sign of abating. The problem is especially Pronounced for
young people, with nearly a third of those under 35 losing their jobs
nationally. In addition to the COVID-19 health crisis, New York state
and the entire planet face an environmental crisis. The accumulating
effects of climate change are ravaging our planet and doing damage to
our natural world, public health, and economic opportunity, to name only
a few challenges. Bold and decisive action is needed to address the
compounding problems of a public health crisis, an economic downturn,
and climate disruption on an unprecedented scale. Like the companion
bill establishing a New York Works Progress Program, this bill aims to
enact a strong public employment program to stem economic damage from
this crisis and to further our state's longterm sustainability and envi-
ronmental health.

As part of the New Deal's response to the Great Depression, President
Franklin Delano Roosevelt created the Civilian Conservation Corps to
provide jobs related to conservation and development of natural
resources. From 1923 to 1942, nearly 3 million young people were
employed by this program, which provided employment, lodging, and train-
ing. The Corps contributed to projects ranging from erosion and flood
control to reforestation and stream improvements. We still enjoy many of
the Corps' contributions today on public lands. The CCC model continues
today, through the Student Conservation Association, the National Civil-
ian Community Corps, and various state level conservation corps. Here in
New York, several models have been implemented, including the Excelsior
Conservation Corps and the highly successful Onondaga Earth Corps, based
in Syracuse.

This legislation expands the legacy of the CCC here in New York by
creating an updated 21' century Corps for New York State. It calls for
the Department of Labor to implement a jobs program that will focus on
contemporary needs in conservation and sustainability. This program will
focus on useful public works in the state connected to reforestation;
fire, flood, and soil erosion management; plant pest and disease
control; trail construction and maintenance; and urban forestry and
greening. The program will include job training for participants and
will allow for coordination with non-profit entities across the state,
further developing its scope and impact across the state.

 
FISCAL IMPACT ON THE STATE:

Forty million dollars ($40,000,000), or whatever amount is deemed neces-
sary.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
90 days after becoming law.

2021-S1242 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1242
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the labor law, in relation to  enacting  the  "New  York
   21st  century civilian conservation corps act" as a means of providing
   gainful employment to unemployed and underemployed  residents  of  the
   state; and making an appropriation therefor
 
   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 article 34 to read
 as follows:
                                 ARTICLE 34
           NEW YORK 21ST CENTURY CIVILIAN CONSERVATION CORPS ACT
 SECTION 960. SHORT TITLE.
         961. ESTABLISHMENT AND OPERATION OF CIVILIAN CONSERVATION CORPS.
         962. ADMINISTRATION OF CIVILIAN CONSERVATION CORPS.
         963. PROJECT SUBMISSION AND APPROVAL.
   § 960. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
 THE "NEW YORK 21ST CENTURY CIVILIAN CONSERVATION CORPS ACT".
   §  961. ESTABLISHMENT AND OPERATION OF CIVILIAN CONSERVATION CORPS. 1.
 ESTABLISHMENT AND PURPOSE. IN ORDER TO RELIEVE THE  ACUTE  CONDITION  OF
 WIDESPREAD  DISTRESS  AND UNEMPLOYMENT EXISTING IN THE STATE OF NEW YORK
 AND TO PROVIDE FOR THE RESTORATION OF DEPLETED NATURAL RESOURCES IN  THE
 STATE  AND THE ADVANCEMENT OF AN ORDERLY PROGRAM OF USEFUL PUBLIC WORKS,
 THE COMMISSIONER, IN CONSULTATION WITH THE OFFICE OF  PARKS,  RECREATION
 AND HISTORIC PRESERVATION, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
 THE  DEPARTMENT  OF  AGRICULTURE AND MARKETS, AND THE CANAL CORPORATION,
 MAY ESTABLISH AND OPERATE A CIVILIAN CONSERVATION CORPS TO EMPLOY  RESI-
 DENTS  OF  THE  STATE, WHO ARE OTHERWISE UNEMPLOYED OR UNDEREMPLOYED, IN
 THE CONSTRUCTION, MAINTENANCE, AND CARRYING ON  OF  WORKS  OF  A  PUBLIC
 NATURE IN CONNECTION WITH:
   (A) THE FORESTATION OF LANDS BELONGING TO THE STATE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06477-01-1

 S. 1242                             2
 
   (B) THE PREVENTION OF FOREST FIRES, FLOODS, AND SOIL EROSION;
   (C) PLANT PEST AND DISEASE CONTROL;
   (D)  THE  CONSTRUCTION,  MAINTENANCE,  OR REPAIR OF PATHS, TRAILS, AND
 FIRE-LANES IN THE STATE PARK SYSTEM, PUBLIC LANDS, AND OTHER LANDS UNDER
 THE JURISDICTION OF THE STATE;
   (E) URBAN FORESTRY AND GREENING, INCLUDING  TREE  PLANTING,  GARDENING
 PROJECTS, AND WATER MANAGEMENT PROJECTS IN URBAN AREAS; AND
   (F)  SUCH  OTHER  WORK  ON  STATE LAND, LANDS ADMINISTERED OR OWNED BY
 MUNICIPALITIES OF THE STATE AND PRIVATE OR FEDERAL LAND WHERE SUCH WORKS
 ARE DEEMED TO BE IN THE INTEREST OF THE PUBLIC,  THAT  THE  COMMISSIONER
 DETERMINES TO BE DESIRABLE.
   2. ROLE OF STATE AGENCIES. TO OPERATE THE CIVILIAN CONSERVATION CORPS,
 THE  COMMISSIONER,  IN CONSULTATION WITH THE OFFICE OF PARKS, RECREATION
 AND HISTORIC PRESERVATION, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
 THE DEPARTMENT OF AGRICULTURE AND MARKETS, AND  THE  CANAL  CORPORATION,
 MAY UTILIZE THE SERVICES OF EXISTING STATE DEPARTMENTS AND AGENCIES.
   3.  INCLUSION  OF  OTHER LANDS. THE COMMISSIONER MAY EXTEND THE ACTIV-
 ITIES OF THE CIVILIAN CONSERVATION CORPS TO LANDS OWNED BY  A  POLITICAL
 SUBDIVISION  OF A STATE AND LANDS IN PRIVATE OWNERSHIP, BUT ONLY FOR THE
 PURPOSE OF CONDUCTING SUCH KINDS OF COOPERATION WORK  AS  ARE  OTHERWISE
 AUTHORIZED  BY  LAW  IN  PREVENTING AND CONTROLLING FOREST FIRES AND THE
 ATTACKS OF FOREST TREE PESTS AND DISEASES AND SUCH WORK AS IS  NECESSARY
 AND IN THE PUBLIC INTEREST TO CONTROL FLOODS.
   4.  CONTRACT  AUTHORITY. FOR THE PURPOSE OF CARRYING OUT THIS ACT, THE
 COMMISSIONER MAY ENTER INTO SUCH CONTRACTS OR AGREEMENTS WITH STATES  AS
 MAY BE NECESSARY, INCLUDING PROVISIONS FOR UTILIZATION OF EXISTING STATE
 ADMINISTRATIVE AGENCIES.
   5.  ACQUISITION OF REAL PROPERTY. THE COMMISSIONER, OR THE HEAD OF ANY
 DEPARTMENT OR AGENCY AUTHORIZED BY THE  COMMISSIONER  TO  CONSTRUCT  ANY
 PROJECT OR TO CARRY ON ANY PUBLIC WORKS UNDER THIS ACT, MAY ACQUIRE REAL
 PROPERTY  FOR SUCH PROJECT OR PUBLIC WORK BY PURCHASE, DONATION, CONDEM-
 NATION, OR OTHERWISE.
   6. TRAINING PROGRAM. THE COMMISSIONER, IN CONSULTATION WITH THE OFFICE
 OF PARKS, RECREATION AND HISTORIC PRESERVATION, THE DEPARTMENT OF  ENVI-
 RONMENTAL  CONSERVATION,  THE DEPARTMENT OF AGRICULTURE AND MARKETS, AND
 THE CANAL CORPORATION, AND IN COOPERATION WITH THE SUNY COLLEGE OF ENVI-
 RONMENTAL SCIENCE AND FORESTRY, SHALL DEVELOP AND ADMINISTER A  TRAINING
 PROGRAM  TO  PROVIDE  MEMBERS OF THE CORPS WITH THE SKILLS, TRAINING AND
 EDUCATION NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ACT.
   7. COORDINATION WITH NOT-FOR-PROFIT CORPORATIONS. IN CARRYING OUT  THE
 PROVISIONS  OF  THIS  ACT,  THE  CIVILIAN CONSERVATION CORPS MAY WORK IN
 ASSOCIATION AND COORDINATE  PROJECTS  WITH  NOT-FOR-PROFIT  CORPORATIONS
 WHICH ARE SIMILARLY SITUATED IN THEIR MISSION AND PURPOSE.
   §  962.  ADMINISTRATION OF CIVILIAN CONSERVATION CORPS.  1. EMPLOYMENT
 PREFERENCE. PERSONS EMPLOYED IN THE CIVILIAN CONSERVATION CORPS SHALL BE
 RESIDENTS OF THE STATE OF NEW  YORK.  THE  EMPLOYMENT  IN  THE  CIVILIAN
 CONSERVATION  CORPS  SHALL REQUIRE THE EMPLOYMENT OF PERSONS RESIDING IN
 UNDERREPRESENTED  COMMUNITIES.  IF  THE  COMMISSIONER  DETERMINES   THAT
 AMOUNTS  APPROPRIATED  TO  CARRY OUT A CIVILIAN CONSERVATION CORPS UNDER
 THIS ACT FOR A FISCAL YEAR WILL BE INSUFFICIENT TO  EMPLOY  ALL  OF  THE
 RESIDENTS  OF  THE  STATE DESCRIBED IN SECTION NINE HUNDRED SIXTY-ONE OF
 THIS ACT WHO ARE SEEKING OR LIKELY TO SEEK EMPLOYMENT  IN  THE  CIVILIAN
 CONSERVATION  CORPS AND CONTINUE THE EMPLOYMENT OF CURRENT EMPLOYEES WHO
 DESIRE TO REMAIN IN THE CIVILIAN CONSERVATION  CORPS,  THE  COMMISSIONER
 SHALL  EMPLOY  ADDITIONAL  PERSONS IN THE CIVILIAN CONSERVATION CORPS IN
 THE FOLLOWING ORDER OF PREFERENCE:

 S. 1242                             3
 
   (A) UNEMPLOYED VETERANS OF THE ARMED FORCES AND UNEMPLOYED MEMBERS  OF
 THE RESERVE COMPONENTS OF THE ARMED FORCES.
   (B) UNEMPLOYED RESIDENTS WHO HAVE EXHAUSTED THEIR ENTITLEMENT TO UNEM-
 PLOYMENT COMPENSATION.
   (C)  UNEMPLOYED  RESIDENTS,  WHO  IMMEDIATELY BEFORE EMPLOYMENT IN THE
 CIVILIAN CONSERVATION CORPS, ARE ELIGIBLE FOR UNEMPLOYMENT  COMPENSATION
 PAYABLE  UNDER  ANY  STATE LAW OR FEDERAL UNEMPLOYMENT COMPENSATION LAW,
 INCLUDING ANY ADDITIONAL COMPENSATION  OR  EXTENDED  COMPENSATION  UNDER
 SUCH LAWS.
   (D)  OTHER  RESIDENTS  DESCRIBED  IN SECTION NINE HUNDRED SIXTY-ONE OF
 THIS ACT.
   2. HOUSING AND CARE OF EMPLOYEES. THE COMMISSIONER MAY PROVIDE HOUSING
 FOR PERSONS EMPLOYED IN THE CIVILIAN CONSERVATION CORPS AND FURNISH THEM
 WITH SUCH SUBSISTENCE, CLOTHING, MEDICAL ATTENDANCE AND HOSPITALIZATION,
 AND CASH ALLOWANCE, AS MAY BE NECESSARY, DURING THE PERIOD THEY  ARE  SO
 EMPLOYED.
   3. TRANSPORTATION. THE COMMISSIONER MAY PROVIDE FOR THE TRANSPORTATION
 OF  PERSONS  EMPLOYED IN THE CIVILIAN CONSERVATION CORPS TO AND FROM THE
 PLACES OF EMPLOYMENT.
   4. NON-DISCRIMINATION. IN EMPLOYING RESIDENTS FOR THE CIVILIAN CONSER-
 VATION CORPS, NO DISCRIMINATION SHALL OCCUR IN ACCORDANCE WITH STATE AND
 FEDERAL EMPLOYMENT LAW; EXCEPT THAT NO INDIVIDUAL UNDER  CONVICTION  FOR
 CRIME  AND  SERVING  SENTENCE  THEREFORE  SHALL  BE  EMPLOYED  UNDER THE
 PROVISIONS OF THIS ACT.
   § 963. PROJECT SUBMISSION AND APPROVAL. 1. RECEIPT  AND  SELECTION  OF
 PROJECTS. THE CIVILIAN CONSERVATION CORPS SHALL:
   (A) RECEIVE PROJECT PROPOSALS SUBMITTED BY STATE DEPARTMENTS AND AGEN-
 CIES PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION; AND
   (B)  SELECT PROJECT PROPOSALS THAT MEET THE CRITERIA PURSUANT TO PARA-
 GRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
   2. SUBMISSION OF PROJECT PROPOSALS. (A) NOT  LATER  THAN  THIRTY  DAYS
 AFTER THE EFFECTIVE DATE OF THIS ARTICLE, AND SUBSEQUENTLY AT SUCH TIMES
 AS  THE  CIVILIAN CONSERVATION CORPS SHALL REQUEST, THE COMMISSIONER, IN
 CONSULTATION WITH THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVA-
 TION, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,  THE  DEPARTMENT  OF
 AGRICULTURE   AND  MARKETS,  AND  THE  CANAL  CORPORATION  SHALL  SUBMIT
 PROPOSALS TO THE CORPS FOR PROJECTS WITHIN THE JURISDICTION OF EACH SUCH
 COMMISSIONER OR OTHER ADMINISTRATOR THAT SATISFY THE CRITERIA  DESCRIBED
 IN PARAGRAPH (B) OF THIS SUBDIVISION.
   (B)  ANY  PROJECT TO BE CONSIDERED FOR THE CIVILIAN CONSERVATION CORPS
 SHALL MEET THE FOLLOWING CRITERIA:
   (I) THE PROJECT SHALL PRODUCE A HIGHER NUMBER OF  EMPLOYEE  HOURS  FOR
 CORPS MEMBERS;
   (II)  THE  PROJECT  IS  WITHIN  THE SCOPE OF TRAINING PROGRAMS ALREADY
 AVAILABLE TO OR THAT CAN BE MADE READILY AVAILABLE TO CORPS MEMBERS; AND
   (III) THE PROJECT WOULD PROVIDE A CONTINUING CONTRIBUTION TO  ECONOMIC
 GROWTH, ENVIRONMENTAL HEALTH, FLOOD AND FIRE PREVENTION, OR SUSTAINABIL-
 ITY ONCE IT HAS BEEN COMPLETED.
   3. NATURE OF PROJECTS. PROJECTS UNDER THIS SECTION SHALL INCLUDE THOSE
 PROJECTS  SET FORTH IN SUBDIVISION ONE OF SECTION NINE HUNDRED SIXTY-ONE
 OF THIS ACT.
   4. APPROVAL OF PROJECTS. THE CIVILIAN CONSERVATION CORPS SHALL APPROVE
 THOSE PROPOSALS WHICH ARE SUBMITTED PURSUANT TO AND  MEET  THE  CRITERIA
 SET  FORTH  IN SUBDIVISION TWO OF THIS SECTION AND SHALL PROVIDE FUNDING
 FOR SUCH PROJECTS FROM AMOUNTS APPROPRIATED FOR THE PROGRAM.

 S. 1242                             4
 
   5. RESPONSIBILITY  FOR  PROJECTS.  AN  ELIGIBLE  DEPARTMENT  THAT  HAS
 SUBMITTED  A  PROJECT  PROPOSAL PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
 TWO OF THIS SECTION SHALL BE  RESPONSIBLE  FOR  THE  ADMINISTRATION  AND
 COMPLETION OF SUCH PROJECT.
   6.  CONTRACTS. AN ELIGIBLE DEPARTMENT SHALL BE A PARTY TO ANY CONTRACT
 THAT GOVERNS A PROJECT APPROVED AND FUNDED  IN  ANY  MANNER  UNDER  THIS
 SECTION.  DEPARTMENTS  MAY CONTRACT WITH PRIVATE CORPORATIONS HAVING TAX
 EXEMPT STATUS UNDER SECTION 501 (C) (3) OF THE  UNITED  STATES  INTERNAL
 REVENUE  CODE  AND  PRIVATELY  HELD  BUSINESSES  FOR  PART  OR ALL OF AN
 APPROVED PROJECT SUBJECT TO THE APPROVAL OF THE PROGRAM.
   7. REPORTS. NOT LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS
 SECTION, AND BIANNUALLY THEREAFTER ON JUNE THIRTIETH AND DECEMBER  THIR-
 TY-FIRST  OF  EACH  YEAR, THE CIVILIAN CONSERVATION CORPS SHALL SUBMIT A
 REPORT TO THE LEGISLATURE WHICH INCLUDES:
   (A) THE NUMBER OF PROJECT PROPOSALS SUBMITTED TO THE CIVILIAN  CONSER-
 VATION CORPS;
   (B)  THE NUMBER OF PROJECTS APPROVED BY THE PROGRAM DURING THE REPORT-
 ING PERIOD;
   (C) THE NUMBER OF PROJECTS COMPLETED BY THE DATE OF THE REPORT; AND
   (D) WITH RESPECT TO EACH APPROVED PROJECT, A PROJECT DESCRIPTION  THAT
 INCLUDES  INFORMATION  ABOUT  WHETHER  THE  PROJECT IS COMPLETE AND SUCH
 OTHER INFORMATION AS THE CIVILIAN CONSERVATION CORPS  DETERMINES  APPRO-
 PRIATE.
   8. AUDITS. THE OFFICE OF THE COMPTROLLER SHALL CONDUCT AN ANNUAL AUDIT
 OF:
   (A) THE PERFORMANCE AND ACTIVITIES OF THE CIVILIAN CONSERVATION CORPS;
   (B) THE PERFORMANCE AND COMPLETION OF PROJECTS; AND
   (C)  THE  PERFORMANCE  OF  THE  ELIGIBLE AGENCIES WITH RESPECT TO SUCH
 PROJECTS.
   § 2. The sum of forty million dollars ($40,000,000), or so much there-
 of as may be necessary, is hereby  appropriated  to  the  department  of
 labor out of any moneys in the state treasury in the general fund to the
 credit  of  the  state purposes account, not otherwise appropriated, and
 made  immediately  available,  for  the  purpose  of  carrying  out  the
 provisions  of  article  34 of the labor law, as added by section one of
 this act. Such moneys shall be payable on the audit and warrant  of  the
 comptroller  on  vouchers  certified  or approved by the commissioner of
 labor in the manner prescribed by law.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S1242

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Rachel May