Bill Text: PA SB21 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for green work force training and for a transfer of funding.

Sponsorship: Moderate Partisan Bill (Democrat 12-3)

Status: (Introduced - Dead) 2009-01-20 - Referred to LABOR AND INDUSTRY [SB21 Detail]

Download: Pennsylvania-2009-SB21-Introduced.html

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PRINTER'S NO. 5
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 21 Session of2009
INTRODUCED BY KITCHEN, FERLO, STOUT, WILLIAMS, FONTANA, WASHINGTON, TOMLINSON, RAFFERTY, BROWNE, O'PAKE AND LOGAN, JANUARY 20, 2009
REFERRED TO LABOR AND INDUSTRY, JANUARY 20, 2009
AN ACT
Providing for green work force training and for a transfer of
funding.
The Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Green Work
Force Training Act.
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:
"Applicant." An eligible entity that applies for a grant
under section 3.
"Area vocational-technical schools and technical institutes."
As used under Article XVIII of the act of March 10, 1949 (P.L.
30, No.14), known as the Public School Code of 1949.
"Authority." The Commonwealth Financing Authority.
"Community college." As defined in section 2001-C of the act
of March 10, 1949 (P.L.30, No.14), known as the Public School
Code of 1949.
"Crime of violence." As defined in 42 Pa.C.S. § 9714(g)
(relating to sentences for second and subsequent offenses).
"Department." The Department of Labor and Industry of the
Commonwealth.
"Educational institution." Any of the following:
(1) An area vocational-technical school and technical
institute.
(2) A community college.
(3) A junior college.
(4) An intermediate unit.
(5) A private licensed school.
(6) An independent institution of higher education.
(7) A State-owned institution of higher education.
(8) A State-related institution of higher education.
"Eligible entity." An educational institution or a labor
organization.
"Eligible individual." Any of the following who is a
resident of this Commonwealth:
(1) An individual who is an employee of an industry
impacted by Federal and State energy and environmental
policy.
(2) An individual in need of updated training related to
the energy efficiency and renewable energy industries.
(3) A veteran or a past or present member of a reserve
component of the Armed Forces.
(4) An unemployed individual.
(5) A low-income individual.
(6) A formerly incarcerated or adjudicated nonviolent
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offender.
"Eligible industry." An energy efficiency or renewable
energy industry, including:
(1) The energy-efficient building, construction and
retrofits industries.
(2) The renewable electric power industry.
(3) The biofuels industry.
(4) The energy efficiency assessment industry.
(5) Manufacturers of energy-efficient or renewable
energy products or materials.
(6) Any other industry deemed eligible by the
department.
"Grant." A grant issued under this act.
"Independent institution of higher education." As defined in
section 2001-C of the act of March 10, 1949 (P.L.30, No.14),
known as the Public School Code of 1949.
"Junior college." An institution of higher education that:
(1) Offers the first two years of a four-year
postsecondary educational program.
(2) Is approved by the Department of Education under 22
Pa. Code Ch. 42 (relating to program approval).
"Labor organization." An organization, agency or employee
representation committee or plan within this Commonwealth:
(1) In which employees participate.
(2) That exists for the purpose, in whole or in part, of
dealing with disputes between an employer and its employees
involving grievances, labor disputes, wages, rates of pay,
hours of employment or conditions of work.
The term does not include an organization, agency, committee or
plan that practices discrimination in membership because of
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race, color, creed, national origin, sex or political
affiliation.
"Low-income individual." An individual with monthly income
at or below 200% of the Federal poverty level established by the
United States Bureau of the Census.
"Nonviolent offender." A person who has not committed a:
(1) crime of violence; or
(2) sexual offense enumerated in 42 Pa.C.S. § 9795.1(a)
and (b) (relating to registration).
"Private company." A business, professional service company
or other enterprise. The term includes a group of two or more
private companies operating as a consortium in order to take
advantage of a common training program. The term does not
include a point-of-sale retail business.
"Private licensed school." As defined in section 2 of the
act of December 15, 1986 (P.L.1585, No.174), known as the
Private Licensed Schools Act.
"Reserve component of the armed forces." The United States
Army Reserve, United States Navy Reserve, United States Marine
Corps Reserve, United States Coast Guard Reserve, United States
Air Force Reserve, Pennsylvania Army National Guard and
Pennsylvania Air National Guard.
"Secretary." The Secretary of Labor and Industry of the
Commonwealth.
"State-owned institution of higher education." An
institution of higher education that is part of the State System
of Higher Education.
"State-related institution of higher education." The
Pennsylvania State University, the University of Pittsburgh,
Temple University and Lincoln University, and any of their
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branch campuses.
"Trainee." An individual who is enrolled in a training
program under this act.
"Training program." A systematic program that is designed to
provide an eligible individual with the skills and knowledge
necessary to meet the specifications for an occupation or trade
within an eligible industry.
Section 3. Green Work Force Training Program.
(a) Establishment.--Within six months after the effective
date of this section, the secretary, in consultation with the
Secretary of Environmental Protection, shall establish a Green
Work Force Training Program. The program shall be designed to
promote job training related to the energy efficiency and
renewable energy industries.
(b) Requirements.--
(1) The department shall establish the minimum training
requirements necessary for an applicant to be considered for
a grant under the program. In setting training requirements,
the department shall consult with the Department of
Environmental Protection, representatives from eligible
industries and representatives from labor organizations
representing workers in eligible industries in order to
ensure that the training will teach relevant skills and
competencies and that any certificates and credentials
resulting from completed job training are recognized by
employers.
(c) Grants.--
(1) The secretary shall award grants to enable eligible
entities to carry out training that leads to the development
of an energy efficiency and renewable energy industries work
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force. Grants shall be awarded so as to ensure geographic
diversity.
(2) The secretary shall award grants to approved
applicants. In awarding a grant, priority shall be given to
applicants that demonstrate all of the following:
(i) Experience in implementing and operating worker
skills training and education programs.
(ii) Ability to identify and involve in training
programs eligible individuals who seek or would benefit
from job training opportunities related to energy
efficiency and renewable energy industries.
(iii) Ability to leverage additional public and
private resources to fund training programs, including
cash or in-kind matches from private companies. Failure
to leverage additional resources shall not disqualify an
applicant from receiving a grant.
(3) The secretary shall award at least five grants to
eligible applicants that agree to provide job training
primarily to low-income individuals and formerly incarcerated
or adjudicated nonviolent offenders. In awarding grants the
following shall apply:
(i) Grants shall be awarded in a manner that ensures
geographic diversity and that targets areas of high
poverty.
(ii) If less than five applicants apply or qualify
for a grant, the secretary may award any unused grant as
otherwise provided in this act.
(d) Grant applications.--An eligible entity must submit an
application for a grant to the department. The application must
be submitted on the form required by the department and include
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or demonstrate all of the following:
(1) The applicant's name and address.
(2) The location where the training program will occur.
(3) The geographic area of this Commonwealth, identified
by county, from which the applicant expects to enroll
trainees.
(4) A brief history of the applicant's job training
experience, if any. Lack of job training history shall not
preclude an applicant from receiving a grant.
(5) A statement affirming that the applicant will give
eligible individuals priority for training and other
services.
(6) A statement identifying the eligible industries for
which the job training will be provided.
(7) A description of the proposed training or
instructional program to be provided.
(8) A statement:
(i) Disclosing whether the applicant intends to
contract with other organizations or individuals for the
provision of all or a portion of the services to be
provided.
(ii) If there is intent to contract under
subparagraph (i), requesting allocation of portion of the
grant from the applicant to the contractor.
(9) The amount of the grant requested, including an
itemized list of intended uses of the grant.
(e) Review and approval of grant applications.--
(1) The department shall review a grant application to
determine that all of the following apply:
(i) The applicant is an eligible entity.
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(ii) The applicant has committed to giving priority
for training and other service to eligible individuals.
(iii) The applicant will provide job training
relating to an eligible industry.
(iv) The training program proposal submitted by the
applicant:
(A) Meets the program requirements established
by the department.
(B) Will further the public policy goals of this
act.
(v) There is a substantial likelihood that the
training program will successfully train individuals for
future employment opportunities in an eligible industry.
(vi) The amount of the grant request is reasonable.
(vii) The applicant complied with all other criteria
established by the department.
(2) If satisfied that all requirements have been met,
the secretary may approve the grant application and award a
grant.
(f) Use of grant funds.--A grant recipient may not use a
grant to do any of the following:
(1) Pay wages of trainees during training.
(2) Pay costs associated with building construction or
renovation or the acquisition, upgrade or installation of
equipment or machinery, including computer equipment.
(3) Pay for point-of-sale retail job training.
(g) Limitation.--
(1) A single grant shall not exceed $250,000 per
applicant.
(2) The aggregate amount of grants awarded in a fiscal
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year shall not exceed $5,000,000.
Section 4. Reports by grant recipients.
(a) Annual report.--By September 1, each grant recipient
shall submit a report to the department summarizing the
effectiveness of the recipient's training program for the prior
fiscal year. Each report shall be posted by the department on
its Internet website and shall remain posted until the reports
for the next year are posted. Each report shall contain the
following information:
(1) The number of program trainees.
(2) The demographic characteristics of trainees,
including race, gender, age and education level.
(3) The services provided by the recipient, including
job training, education and supportive services.
(4) The total amount of the grant received
(5) An itemized list of program expenditures.
(6) The amount of program spending per trainee.
(7) Program completion rates.
(8) The rate of job placement.
(9) The average wage at placement, including any
benefits.
(10) Any post-employment supportive services provided to
program trainees.
(11) Any other information requested by the department.
(b) Duties of department.--
(1) The department shall assist grant recipients in the
collection of data under this section by:
(i) Making available, where practicable, low-cost
means of tracking the labor market outcomes of program
trainees.
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(ii) Providing standardized reporting forms.
(2) The department may collect and analyze, not less
than once every two years, labor market data to track work
force trends resulting from energy-related job training
initiatives administered under this act. The information
obtained by the department shall be included in the annual
report required to be submitted by the department under
section 5.
Section 5. Annual report by department.
(a) Requirement.--By December 31, the department shall
complete a written report outlining the effectiveness of the
training programs for the prior fiscal year. The report shall
include the following:
(1) Total number of grants awarded, including the name
and address of each grant recipient.
(2) Total amount of grants awarded, including the amount
each grant recipient received.
(3) Total number of individuals participating in
training programs funded by grants during the prior fiscal
year, including the number of individuals participating
through each grant recipient.
(4) Total number of individuals who completed a training
program funded by a grant during the prior fiscal year.
(5) Total number of individuals who enrolled in but
failed to complete a training program funded by this act
during the prior fiscal year.
(6) Rate of job placement for individuals who completed
a training program funded by this act during the prior fiscal
year, including the average wage at placement and benefits.
(7) A summary of the information submitted by each grant
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recipient under section 4(a).
(8) Recommendations for amendments to this act.
(9) Other information deemed by the department to be
relevant or necessary to complete a comprehensive review of
the program.
(b) Submission.--The report shall be submitted to the
following:
(1) The Governor.
(2) The Majority Leader and Minority Leader of the
Senate.
(3) The Majority Leader and Minority Leader of the House
of Representatives.
(4) The chairman and minority chairman of each standing
committee in the Senate and the House of Representatives with
jurisdiction over the department.
(5) The chairman and minority chairman of:
(i) The Environmental Resources and Energy Committee
of the Senate.
(ii) The Environmental Resources and Energy
Committee of the House of Representatives.
(c) Posting.--The department shall post the report on its
Internet website. The report shall remain posted until the
report for the next fiscal year is posted.
Section 6. Regulations.
(a) General rule.--The department, in consultation with the
Department of Environmental Protection, shall promulgate
regulations necessary for the administration and enforcement of
this act.
(b) Temporary regulations.--
(1) In order to facilitate the prompt implementation of
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this act, initial regulations promulgated by the department
shall be deemed temporary regulations which shall expire no
later than two years following the effective date of this
section.
(2) Temporary regulations are exempt from all of the
following:
(i) Sections 201, 202 and 203 of the act of July 31,
1968 (P.L.769, No.240), referred to as the Commonwealth
Documents Law.
(ii) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(3) This subsection shall expire one year from the
effective date of this section.
Section 7. Transfer of funding.
(a) Authorization.--The sum of $25,000,000 shall be
transferred from the Commonwealth Financing Authority to a
restricted receipt account in the State Treasury for
disbursement by the Department of Labor and Industry for
purposes of funding grants. The moneys transferred by the
authority shall derive from the proceeds of any bonds issued by
the authority for alternative energy and other energy-related
projects.
(b) Disbursement.--The department shall annually disburse
$5,000,000 of the amounts transferred under subsection (a) for
the purpose of funding grants.
Section 8. Effective date.
This act shall take effect in 60 days.
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