Pennsylvania Act 1993-49 — PENNSYLVANIA CONSERVATION CORPS ACT - OMNIBUS AMENDMENTS

Act text

PENNSYLVANIA CONSERVATION CORPS ACT - OMNIBUS AMENDMENTS
                  Act of Jul. 2, 1993, P.L. 350, No. 49               Cl. 27
                             Session of 1993

                               No. 1993-49

                                  AN ACT

     HB 41

     Amending the act of July 2, 1984 (P.L.561, No.112), entitled "An
        act establishing the Pennsylvania Conservation Corps; and
        making an appropriation," further providing for definitions,
        for duties of the Secretary of Labor and Industry, for
        projects, for eligibility for program, for compensation, for
        supervisors, for appropriations and for expiration of the
        Pennsylvania Conservation Corps and the act; making a repeal;
        and making editorial changes.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 2 of the act of July 2, 1984 (P.L.561,
     No.112), known as the Pennsylvania Conservation Corps Act,
     amended July 1, 1989 (P.L.119, No.25), is amended to read:
      Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Community-based agency."  A private, nonprofit organization
     that is representative of a community or a significant segment
     of a community that is engaged in meeting human, educational or
     environmental community needs.
        "Corps."  The Pennsylvania Conservation Corps.
        "Corpsmember."  A participant in the corps pursuant to
     criteria set forth in section 6.
        "Crewleader."  A participant in the corps who is employed to
     supervise corpsmembers pursuant to criteria set forth in section
     8(c).
        "Department."  The Department of [Environmental Resources.]
     Labor and Industry.
        "Human service projects."  Projects which involve
     conservation work and the direct delivery of services which
     promote the well-being of children, the elderly, persons with
     physical and developmental disabilities or persons with low
     incomes.
        "Local agency."  Any [municipality] political subdivision
     located within this Commonwealth.
        "Secretary."  The Secretary of [the Department of
     Environmental Resources.] Labor and Industry.
        "Signature projects."  Special-event, large-scale, short-
     term, highly visible projects which combine the efforts of more
     than one crew and promote the public good in ways consistent
     with this act.
        "State agencies."  The Fish Commission, Game Commission,
     Historical and Museum Commission, Department of Environmental
     Resources [and, in the case of job search skills, job
     application skills and ability assessments, the], Department of
     Public Welfare, Department of Corrections, Department of
     Education, Department of Aging, Department of Military Affairs,
     Pennsylvania Emergency Management Agency, Department of
     Community Affairs and Department of Labor and Industry.
        Section 2.  Section 3 of the act is amended to read:
      Section 3.  Pennsylvania Conservation Corps created.
        There is hereby created within the Department of
     [Environmental Resources] Labor and Industry the Pennsylvania
     Conservation Corps.
        Section 3.  Sections 4 and 5 of the act, amended July 1, 1989
     (P.L.119, No.25), are amended to read:
      Section 4.  Duties of the secretary.
        The secretary shall:
            (1)  [Employ] Enroll eligible participants pursuant to
        section 6 [in work experience projects].
            (2)  Employ crewleaders pursuant to section 8.
            (3)  Appoint a director who shall act as the
        administrative officer of the corps. The director shall
        employ staff necessary to implement the provisions of this
        act.
            (4)  Develop or review proposed work experience projects
        submitted to the department by State and local agencies and
        approve projects that meet the requirements of this act.
        State agencies eligible to submit work experience projects
        shall be limited to the Fish Commission, Game Commission,
        Historical and Museum Commission [and], Department of
        Environmental Resources[.], Department of Labor and Industry,
        Department of Public Welfare, Department of Corrections,
        Department of Military Affairs, Department of Aging,
        Department of Education, Department of Community Affairs and
        Pennsylvania Emergency Management Agency. The secretary shall
        insure that work experience projects involve labor intensive
        improvement activities on public lands or facilities that
        will result in a future public value [and] or have a
        potential for future revenue yield.
            (5)  Authorize utilization of the corps for approved work
        experience projects in urban, suburban and rural areas as
        necessary to carry out the provisions of this act.
            (6)  Execute [employment] contracts with State and local
        agencies containing any terms and conditions deemed necessary
        and desirable for the [employment] enrollment of corpsmembers
        in approved work experience projects; and in the case of job
        search skills, job application skills and ability
        assessments, execute contracts or cooperative agreements with
        Federal, State or local agencies, persons, firms,
        partnerships, associations or corporations for the provisions
        of these services.
            (7)  Authorize utilization of the corps for emergency
        projects within or outside this Commonwealth which shall
        include, but not be limited to, natural disasters, fire
        prevention and suppression and rescue of lost or injured
        persons. Corpsmember participation in emergency projects
        shall be voluntary. Corpsmembers shall receive adequate
        training prior to participating in an emergency project.
            (8)  Apply for and accept grants or contributions of
        funds from any public or private source, including the
        acceptance of Federal funds appropriated by the General
        Assembly. Such funds shall include Federal funds which may be
        provided under the National and Community Service Act of 1990
        (Public Law 101-610, 104 Stat. 3127).
            (9)  Purchase, rent or otherwise acquire or obtain
        personal property, supplies, instruments, tools, equipment or
        conveniences necessary to complete work experience projects
        or provide corpsmember training.
            (10)  Develop program guidelines or regulations as it
        deems necessary to fairly and effectively administer this
        act.
            (11)  Authorize the exchange of corpsmembers and
        crewleaders with other established conservation corps/service
        programs in order to foster a spirit of understanding and to
        advance the goals of volunteerism and service. Participation
        in exchange projects shall be voluntary.
            (12)  Execute contracts for [employment] enrollment of
        corpsmembers in cities of the first class for projects
        designed to repel or remove graffiti or other institutional
        vandalism. The secretary may contract directly with not-for-
        profit agencies and organizations which shall be eligible for
        funding provided pursuant to section 12.1.
      Section 5.  Work experience projects.
        (a)  Purpose.--
            (1)  The secretary shall ensure that each work experience
        project established pursuant to the authority granted in
        section 4 shall provide corpsmembers with educational
        opportunities and job training skills, which may include
        general educational development, literacy training, adult
        basic education, job search skills and job application
        skills, and with work experience related to the conservation,
        improvement or development of natural resources or the
        enhancement, preservation and maintenance of public lands,
        water or facilities.
            (2)  Projects developed may include fee-for-service
        projects with other State and local agencies and community-
        based nonprofit agencies which are qualified under section
        501(c)(3) of the Internal Revenue Code of 1986 (Public Law
        99-514, 26 U.S.C. § 501(c)(3)). Fees for service will be
        retained by the department for use in the corps program. Fee-
        for-service projects may not be entered into with for-profit
        agencies nor may any fee-for-service project displace any
        other workers.
            (3)  The secretary may also develop State and local human
        service projects which combine both conservation work and
        human services, especially those projects and activities
        which promote the social well-being or economic self-
        sufficiency of the elderly, persons with physical or
        developmental disabilities, children or other persons with
        low incomes. The secretary shall give preference to those
        human service projects that involve intergenerational
        activities between corpsmembers and older persons in projects
        that are in other ways consistent with this act.
            (4)  The secretary is also authorized to develop and
        carry out signature projects involving more than one crew and
        designed to have a high impact. These projects shall be
        short-term and may involve working with community-based,
        nonprofit organizations which are qualified under section
        501(c)(3) of the Internal Revenue Code of 1986.
            (5)  Job training may be provided directly by the agency
        administering the work experience project or by other
        agencies as provided in subsection (d).
        (b)  Project criteria.--Work experience projects shall be
     undertaken in urban, suburban and rural areas and shall be
     selected on the basis of the environmental and natural resource
     benefits each offers, the opportunities for public use each
     offers, the educational opportunities and the on-the-job
     training value of each, the future public value of the completed
     project [and], the estimated additional revenue to be generated
     for the Commonwealth or its subdivisions from the completion of
     each project[.] and the savings in other public expenditures
     that are provided by virtue of the project.
        (c)  Use of lands; exceptions.--All work experience projects
     developed or approved and funded by the department shall be
     limited to public lands and facilities except where a property
     involving other lands will provide documented public value or
     benefit. Reimbursement must be provided to the department for
     that portion of the total costs which does not provide a public
     benefit. The reimbursement will be retained by the department
     for use in the corps program. In the case of emergencies and
     natural disasters, projects may take place on land or at
     facilities not owned by the department, other State agencies or
     local agencies without regard to public benefit and private
     reimbursement.
        (d)  Coordinated services.--Whenever available and
     appropriate, adult education, job training and placement
     services provided through other Federal, State and local funded
     programs such as the Job Training Partnership Act Program, the
     Community Services Block Grant and the [Office of Employment
     Security] Job Centers shall be coordinated with projects
     developed under this act to assist eligible participants.
     Coordinated services may include, but are not limited to, job
     placement assistance, adult literacy training, job search
     skills, job application skills and ability assessments. Whenever
     possible, eligible participants without a high school diploma
     shall receive coordinated services that provide an opportunity
     to obtain an equivalent high school diploma. Within [two] four
     weeks of enrollment in the corps, each corpsmember shall be
     referred to the Office of Employment Security for ability
     assessments, the results of which shall be provided to the
     department.
        (e)  Standards.--Work sites of work experience projects shall
     conform to appropriate health and safety standards.
        (f)  Projects not permitted.--Work experience shall not
     include [work on any project for] the removal or cleaning up of
     any toxic waste or other hazardous substance.
        Section 4.  Section 6 of the act, amended July 2, 1986
     (P.L.341, No.78) and July 1, 1989 (P.L.119, No.25), is amended
     to read:
      Section 6.  Eligibility for program.
        (a)  Criteria.--Persons participating in the corps program
     shall be young men and women who are:
            (1)  Between the ages of [18] 16 and 25.
            (2)  Domiciled in the Commonwealth for at least six
        months prior to participating in the program.
            (3)  Registered with the [Office of Employment Security]
        local Job Center for employment.
            (4)  Physically and mentally capable of performing labor
        intensive work.
            (5)  [Not attending high school or postsecondary
        institution full time and who] Able to provide assurance that
        they did not leave school for the purpose of participating in
        the program. [Full-time high school and postsecondary
        students may participate in this program during authorized
        school vacations.]
        (b)   Referrals.--Eligibility for corpsmembers shall be
     determined by the [Office of Employment Security] Job Centers
     which shall refer eligible participants to the department. For
     referral purposes, the [Office of Employment Security] Job
     Centers 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. Job Centers 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 [Office of Employment
     Security] Job Centers shall refer applicants by order of
     classification, giving first priority to applicants between the
     ages of [18] 16 and 21 whose eligibility is based on financial
     status as required by joint or separate employment programs of
     the Federal and State governments. If the number of corps jobs
     is insufficient to employ all eligible individuals who apply for
     participation in the program, the [Office of Employment
     Security] Job Centers may provide the names of these eligible
     individuals to private sector employers or to job training
     programs requesting referrals, so long as the individuals
     referred agree to the referral being provided.
        (c)  Preference.--Preference in hiring shall be given to [the
     economically disadvantaged.] economically disadvantaged young
     people, especially those eligible applicants who receive general
     assistance, aid to families with dependent children (AFDC) or
     other public assistance benefits.
        (d)  Minors.--Persons 16 and 17 years of age must present an
     employment certificate issued under section 1391 of the act of
     March 10, 1949 (P.L.30, No.14), known as the Public School Code
     of 1949, on the same basis as would be required if they were
     employed by a firm, association or corporation.
        Section 5.  Section 7 of the act, amended July 1, 1989
     (P.L.119, No.25), is amended to read:
      Section 7.  Compensation.
        (a)  Term of [employment] enrollment.--Corpsmembers shall be
     [employed] enrolled for a period of six months. At the option of
     the department, corpsmembers who have successfully completed
     their six-month [enrollment] term may be [employed] enrolled for
     a second six-month term. The department shall refer the names of
     corpsmembers who successfully complete their [employment]
     service in the corps to the [Office of Employment Security] Job
     Centers for assistance in securing private sector employment or
     for enrollment in additional job training programs. The
     department may also provide the names of participants who
     successfully complete their [employment] service in the corps to
     private sector employers requesting referrals, with the approval
     of the participant.
        (b)  Minimum wage.--Corpsmembers shall receive an hourly wage
     no less than the State minimum wage as provided for by the act
     of January 17, 1968 (P.L.11, No.5), known as The Minimum Wage
     Act of 1968. [Corpsmen] Corpsmembers serving a second six-month
     term shall receive additional hourly compensation of at least
     [5%] 10%.
        (c)  Benefits.--Corpsmembers shall not be entitled to any
     employee benefits provided to existing employees of the
     department or other agencies except for paid Commonwealth
     holidays and workmen's compensation coverage which shall be
     provided through the funds appropriated to carry out this act,
     nor shall service as a corpsmember qualify an individual for
     benefits under the act of December 5, 1936 (2nd Sp.Sess., 1937
     P.L.2897, No.1), known as the Unemployment Compensation Law.
     Corpsmembers who complete six months in the corps will be
     entitled to a $500 bonus. Corpsmembers who complete 12 months in
     the program will be entitled to an additional $500 bonus at the
     end of their second six months in the program.
        (d)  Work hours.--Corpsmembers shall be scheduled to work the
     standard work hours of the department or of the State or local
     agency sponsoring the work experience project. In no instance
     shall corpsmembers be scheduled to work more than 40 hours per
     week. Corpsmembers may request and shall be excused as necessary
     for a maximum of 260 hours per six-month term of enrollment from
     scheduled work hours to participate in adult education, job
     training and placement services which the department determines
     to be appropriate and are in accordance with the provisions of
     this act. Corpsmembers shall be compensated as set forth in
     subsection (b) for participating in job training and placement
     services which the department determines are in accordance with
     the provisions of this act.
        Section 6.  Section 8 of the act, amended July 2, 1986
     (P.L.341, No.78) and July 1, 1989 (P.L.119, No.25), is amended
     to read:
      Section 8.  Supervisors.
        [(a)  Personnel.--Whenever possible, the department and other
     State and local agencies shall use existing employees to
     supervise the participants working on projects. No funds
     available for this program shall be expended for the salaries,
     wages or benefits paid to these existing employees.
        (b)  Funding.--If it is determined by the secretary that
     supervision of corpsmembers is necessary to carry out corps
     projects in the department or other State or local agencies,
     funds] (a)  Funding.--Funds available for this program may be
     expended to pay the wages of crewleaders who shall supervise
     corpsmembers as prescribed by the department.
        [(c)] (b)  Crewleader criteria.--Persons eligible to be hired
     as crewleaders by the department shall be men and women who are:
            (1)  Domiciled in the Commonwealth for at least six
        months prior to employment in the programs.
            (2)  Registered with the [Office of Employment Security]
        local Job Center for employment.
            (3)  Physically and mentally capable of performing labor
        intensive work and supervisory duties.
            (4)  Not attending a postsecondary institution full time
        and who provide assurance that they did not leave school for
        the purpose of employment as a supervisor in the program.
        [(d)] (c)  Six-month term.--Crewleaders may be employed by
     the department for a period that may exceed the six-month limit
     established for corpsmembers.
        [(e)] (d)  Hourly wage.--Crewleaders shall receive an hourly
     wage that exceeds the hourly wage of corpsmembers by a minimum
     of [$2.00] $5.00.
        [(f)] (e)  Benefits.--Crewleaders shall not be entitled to
     any employee benefits provided to existing employees of the
     department or of other State or local agencies except for paid
     Commonwealth holidays and workmen's compensation coverage which
     shall be provided through the funds appropriated to carry out
     this act.
        [(g)] (f)  Veterans' preference.--In the hiring of
     crewleaders, preference shall be given to honorably discharged
     veterans of the armed forces of the United States.
        Section 7.  Section 10 of the act, amended July 1, 1989
     (P.L.119, No.25), is amended to read:
      Section 10.  Annual report.
        On October 1, 1990, and each year thereafter during the
     program's existence, the secretary shall report to the Chief
     Clerk of the House of Representatives and the Secretary of the
     Senate on the preceding fiscal year's impact of the program. All
     recipients of funds for approved projects shall provide the
     information requested by the department for the purposes of this
     report. The report shall include, but not be limited to:
            (1)  Productivity measures by the type of project funded.
            (2)  The number of corpsmembers [employed] enrolled.
            (3)  The average length of [employment] enrollment.
            (4)  The extent of job training provided to participants.
            (5)  The number of participants who find employment after
        completion of the project.
            (6)  Estimated total dollar value of completed work
        projects by type of project.
            (7)  Estimated potential revenue from projects completed
        by corpsmembers.
            (8)  Estimated amount of dollar benefits in excess of
        dollar costs resulting from the program.
            (9)  The amount of appropriated funds expended on program
        administration.
        Section 8.  Section 12 of the act, amended July 2, 1986
     (P.L.341, No.78), is amended to read:
      Section 12.  Appropriation.
        (a)  Appropriation.--[The sum of $20,720,000 is hereby
     appropriated to the Department of Environmental Resources from
     the Pennsylvania Economic Revitalization Fund for the fiscal
     period July 1, 1986, to June 30, 1988. All funds from this
     appropriation shall be expended by the Department of
     Environmental Resources by June 30, 1988.] No more than [25%]
     50% of [the] any funds available annually for this program may
     be expended on work experience projects which are submitted by
     local agencies and approved by the secretary. No more than 3% of
     the funds available for this program may be expended on program
     administration.
        (b)  Accounting procedures.--All funds expended or encumbered
     under the appropriation in section 202 of the act of July 1,
     1985 (P.L.722, No.10A), known as the Pennsylvania Economic
     Revitalization Fund Appropriation Act of 1985, shall be credited
     against the appropriation made herein.
        Section 9.  Section 12.1 of the act, added July 1, 1989
     (P.L.119, No.25), is amended to read:
      Section 12.1.  Funding.
        For the 1989-1990 fiscal year and thereafter, funds provided
     for this program may be used for the following:
            (1)  Corpsmember and crewleader wages and authorized
        benefits.
            (2)  Site development and materials.
            (3)  Funds available to local agencies shall be used to
        pay no more than 75% of the cost of site development and
        materials and up to 100% of the cost for corpsmember and
        crewleader wages for projects which meet the requirements of
        this act.
            (4)  Program administration.
            (5)  Corpsmember development and training activities and
        supplies.
        Section 10.  The act is amended by adding a section to read:
      Section 13.1.  Expiration.
        This act and the Pennsylvania Conservation Corps shall expire
     June 30, 1997.
        Section 11.  Section 2216 of the act of April 9, 1929
     (P.L.177, No.175), known as The Administrative Code of 1929, is
     repealed.
        Section 12.  This act shall take effect immediately.

     APPROVED--The 2nd day of July, A. D. 1993.

     MARK L. SINGEL
     ACTING GOVERNOR