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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WAGNER, PAYTON, BELFANTI, BISHOP, BRENNAN, BRIGGS, CALTAGIRONE, D. COSTA, DALEY, DePASQUALE, FREEMAN, HARHAI, HELM, HORNAMAN, HOUGHTON, JOSEPHS, KIRKLAND, LENTZ, LONGIETTI, MAHONEY, MANN, McGEEHAN, McILVAINE SMITH, MELIO, MILNE, MUNDY, M. O'BRIEN, PARKER, PRESTON, SIPTROTH, M. SMITH, STURLA, VULAKOVICH AND YOUNGBLOOD, MARCH 5, 2010 |
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| REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 5, 2010 |
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| AN ACT |
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1 | Providing for green work force training and for a transfer of |
2 | funding. |
3 | The Commonwealth of Pennsylvania hereby enacts as follows: |
4 | Section 1. Short title. |
5 | This act shall be known and may be cited as the Green Work |
6 | Force Training Act. |
7 | Section 2. Definitions. |
8 | The following words and phrases when used in this act shall |
9 | have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Applicant." An eligible entity that applies for a grant |
12 | under section 3. |
13 | "Area vocational-technical schools and technical institutes." |
14 | As used under Article XVIII of the act of March 10, 1949 |
15 | (P.L.30, No.14), known as the Public School Code of 1949. |
16 | "Authority." The Commonwealth Financing Authority. |
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1 | "Community college." As defined in section 2001-C of the act |
2 | of March 10, 1949 (P.L.30, No.14), known as the Public School |
3 | Code of 1949. |
4 | "Crime of violence." As defined in 42 Pa.C.S. § 9714(g) |
5 | (relating to sentences for second and subsequent offenses). |
6 | "Department." The Department of Labor and Industry of the |
7 | Commonwealth. |
8 | "Educational institution." Any of the following: |
9 | (1) An area vocational-technical school and technical |
10 | institute. |
11 | (2) A community college. |
12 | (3) A junior college. |
13 | (4) An intermediate unit. |
14 | (5) A private licensed school. |
15 | (6) An independent institution of higher education. |
16 | (7) A State-owned institution of higher education. |
17 | (8) A State-related institution of higher education. |
18 | "Eligible entity." An educational institution or a labor |
19 | organization. |
20 | "Eligible individual." Any of the following who is a |
21 | resident of this Commonwealth: |
22 | (1) An individual who is an employee of an industry |
23 | impacted by Federal and State energy and environmental |
24 | policy. |
25 | (2) An individual in need of updated training related to |
26 | the energy efficiency and renewable energy industries. |
27 | (3) A veteran or a past or present member of a reserve |
28 | component of the Armed Forces. |
29 | (4) An unemployed individual. |
30 | (5) A low-income individual. |
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1 | (6) A formerly incarcerated or adjudicated nonviolent |
2 | offender. |
3 | "Eligible industry." An energy efficiency or renewable |
4 | energy industry, including: |
5 | (1) The energy-efficient building, construction and |
6 | retrofits industries. |
7 | (2) The renewable electric power industry. |
8 | (3) The biofuels industry. |
9 | (4) The energy efficiency assessment industry. |
10 | (5) Manufacturers of energy-efficient or renewable |
11 | energy products or materials. |
12 | (6) Any other industry deemed eligible by the |
13 | department. |
14 | "Grant." A grant issued under this act. |
15 | "Independent institution of higher education." As defined in |
16 | section 2001-C of the act of March 10, 1949 (P.L.30, No.14), |
17 | known as the Public School Code of 1949. |
18 | "Junior college." An institution of higher education that: |
19 | (1) Offers the first two years of a four-year |
20 | postsecondary educational program. |
21 | (2) Is approved by the Department of Education under 22 |
22 | Pa. Code Ch. 42 (relating to program approval). |
23 | "Labor organization." An organization, agency or employee |
24 | representation committee or plan within this Commonwealth: |
25 | (1) In which employees participate. |
26 | (2) That exists for the purpose, in whole or in part, of |
27 | dealing with disputes between an employer and its employees |
28 | involving grievances, labor disputes, wages, rates of pay, |
29 | hours of employment or conditions of work. |
30 | The term does not include an organization, agency, committee or |
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1 | plan that practices discrimination in membership because of |
2 | race, color, creed, national origin, sex or political |
3 | affiliation. |
4 | "Low-income individual." An individual with monthly income |
5 | at or below 200% of the Federal poverty level established by the |
6 | United States Bureau of the Census. |
7 | "Nonviolent offender." A person who has not committed a: |
8 | (1) crime of violence; or |
9 | (2) sexual offense enumerated in 42 Pa.C.S. § 9795.1(a) |
10 | and (b) (relating to registration). |
11 | "Private company." A business, professional service company |
12 | or other enterprise. The term includes a group of two or more |
13 | private companies operating as a consortium in order to take |
14 | advantage of a common training program. The term does not |
15 | include a point-of-sale retail business. |
16 | "Private licensed school." As defined in section 2 of the |
17 | act of December 15, 1986 (P.L.1585, No.174), known as the |
18 | Private Licensed Schools Act. |
19 | "Reserve component of the armed forces." The United States |
20 | Army Reserve, United States Navy Reserve, United States Marine |
21 | Corps Reserve, United States Coast Guard Reserve, United States |
22 | Air Force Reserve, Pennsylvania Army National Guard and |
23 | Pennsylvania Air National Guard. |
24 | "Secretary." The Secretary of Labor and Industry of the |
25 | Commonwealth. |
26 | "State-owned institution of higher education." An |
27 | institution of higher education that is part of the State System |
28 | of Higher Education. |
29 | "State-related institution of higher education." The |
30 | Pennsylvania State University, the University of Pittsburgh, |
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1 | Temple University and Lincoln University, and any of their |
2 | branch campuses. |
3 | "Trainee." An individual who is enrolled in a training |
4 | program under this act. |
5 | "Training program." A systematic program that is designed to |
6 | provide an eligible individual with the skills and knowledge |
7 | necessary to meet the specifications for an occupation or trade |
8 | within an eligible industry. |
9 | Section 3. Green Work Force Training Program. |
10 | (a) Establishment.--Within six months after the effective |
11 | date of this section, the secretary, in consultation with the |
12 | Secretary of Environmental Protection, shall establish a Green |
13 | Work Force Training Program. The program shall be designed to |
14 | promote job training related to the energy efficiency and |
15 | renewable energy industries. |
16 | (b) Requirements.-- |
17 | (1) The department shall establish the minimum training |
18 | requirements necessary for an applicant to be considered for |
19 | a grant under the program. In setting training requirements, |
20 | the department shall consult with the Department of |
21 | Environmental Protection, representatives from eligible |
22 | industries and representatives from labor organizations |
23 | representing workers in eligible industries in order to |
24 | ensure that the training will teach relevant skills and |
25 | competencies and that any certificates and credentials |
26 | resulting from completed job training are recognized by |
27 | employers. |
28 | (c) Grants.-- |
29 | (1) The secretary shall award grants to enable eligible |
30 | entities to carry out training that leads to the development |
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1 | of an energy efficiency and renewable energy industries work |
2 | force. Grants shall be awarded so as to ensure geographic |
3 | diversity. |
4 | (2) The secretary shall award grants to approved |
5 | applicants. In awarding a grant, priority shall be given to |
6 | applicants that demonstrate all of the following: |
7 | (i) Experience in implementing and operating worker |
8 | skills training and education programs. |
9 | (ii) Ability to identify and involve in training |
10 | programs eligible individuals who seek or would benefit |
11 | from job training opportunities related to energy |
12 | efficiency and renewable energy industries. |
13 | (iii) Ability to leverage additional public and |
14 | private resources to fund training programs, including |
15 | cash or in-kind matches from private companies. Failure |
16 | to leverage additional resources shall not disqualify an |
17 | applicant from receiving a grant. |
18 | (3) The secretary shall award at least five grants to |
19 | eligible applicants that agree to provide job training |
20 | primarily to low-income individuals and formerly incarcerated |
21 | or adjudicated nonviolent offenders. In awarding grants the |
22 | following shall apply: |
23 | (i) Grants shall be awarded in a manner that ensures |
24 | geographic diversity and that targets areas of high |
25 | poverty. |
26 | (ii) If less than five applicants apply or qualify |
27 | for a grant, the secretary may award any unused grant as |
28 | otherwise provided in this act. |
29 | (d) Grant applications.--An eligible entity must submit an |
30 | application for a grant to the department. The application must |
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1 | be submitted on the form required by the department and include |
2 | or demonstrate all of the following: |
3 | (1) The applicant's name and address. |
4 | (2) The location where the training program will occur. |
5 | (3) The geographic area of this Commonwealth, identified |
6 | by county, from which the applicant expects to enroll |
7 | trainees. |
8 | (4) A brief history of the applicant's job training |
9 | experience, if any. Lack of job training history shall not |
10 | preclude an applicant from receiving a grant. |
11 | (5) A statement affirming that the applicant will give |
12 | eligible individuals priority for training and other |
13 | services. |
14 | (6) A statement identifying the eligible industries for |
15 | which the job training will be provided. |
16 | (7) A description of the proposed training or |
17 | instructional program to be provided. |
18 | (8) A statement: |
19 | (i) Disclosing whether the applicant intends to |
20 | contract with other organizations or individuals for the |
21 | provision of all or a portion of the services to be |
22 | provided. |
23 | (ii) If there is intent to contract under |
24 | subparagraph (i), requesting allocation of portion of the |
25 | grant from the applicant to the contractor. |
26 | (9) The amount of the grant requested, including an |
27 | itemized list of intended uses of the grant. |
28 | (e) Review and approval of grant applications.-- |
29 | (1) The department shall review a grant application to |
30 | determine that all of the following apply: |
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1 | (i) The applicant is an eligible entity. |
2 | (ii) The applicant has committed to giving priority |
3 | for training and other service to eligible individuals. |
4 | (iii) The applicant will provide job training |
5 | relating to an eligible industry. |
6 | (iv) The training program proposal submitted by the |
7 | applicant: |
8 | (A) Meets the program requirements established |
9 | by the department. |
10 | (B) Will further the public policy goals of this |
11 | act. |
12 | (v) There is a substantial likelihood that the |
13 | training program will successfully train individuals for |
14 | future employment opportunities in an eligible industry. |
15 | (vi) The amount of the grant request is reasonable. |
16 | (vii) The applicant complied with all other criteria |
17 | established by the department. |
18 | (2) If satisfied that all requirements have been met, |
19 | the secretary may approve the grant application and award a |
20 | grant. |
21 | (f) Use of grant funds.--A grant recipient may not use a |
22 | grant to do any of the following: |
23 | (1) Pay wages of trainees during training. |
24 | (2) Pay costs associated with building construction or |
25 | renovation or the acquisition, upgrade or installation of |
26 | equipment or machinery, including computer equipment. |
27 | (3) Pay for point-of-sale retail job training. |
28 | (g) Limitation.-- |
29 | (1) A single grant shall not exceed $250,000 per |
30 | applicant. |
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1 | (2) The aggregate amount of grants awarded in a fiscal |
2 | year shall not exceed $5,000,000. |
3 | Section 4. Reports by grant recipients. |
4 | (a) Annual report.--By September 1, each grant recipient |
5 | shall submit a report to the department summarizing the |
6 | effectiveness of the recipient's training program for the prior |
7 | fiscal year. Each report shall be posted by the department on |
8 | its Internet website and shall remain posted until the reports |
9 | for the next year are posted. Each report shall contain the |
10 | following information: |
11 | (1) The number of program trainees. |
12 | (2) The demographic characteristics of trainees, |
13 | including race, gender, age and education level. |
14 | (3) The services provided by the recipient, including |
15 | job training, education and supportive services. |
16 | (4) The total amount of the grant received |
17 | (5) An itemized list of program expenditures. |
18 | (6) The amount of program spending per trainee. |
19 | (7) Program completion rates. |
20 | (8) The rate of job placement. |
21 | (9) The average wage at placement, including any |
22 | benefits. |
23 | (10) Any post-employment supportive services provided to |
24 | program trainees. |
25 | (11) Any other information requested by the department. |
26 | (b) Duties of department.-- |
27 | (1) The department shall assist grant recipients in the |
28 | collection of data under this section by: |
29 | (i) Making available, where practicable, low-cost |
30 | means of tracking the labor market outcomes of program |
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1 | trainees. |
2 | (ii) Providing standardized reporting forms. |
3 | (2) The department may collect and analyze, not less |
4 | than once every two years, labor market data to track work |
5 | force trends resulting from energy-related job training |
6 | initiatives administered under this act. The information |
7 | obtained by the department shall be included in the annual |
8 | report required to be submitted by the department under |
9 | section 5. |
10 | Section 5. Annual report by department. |
11 | (a) Requirement.--By December 31, the department shall |
12 | complete a written report outlining the effectiveness of the |
13 | training programs for the prior fiscal year. The report shall |
14 | include the following: |
15 | (1) Total number of grants awarded, including the name |
16 | and address of each grant recipient. |
17 | (2) Total amount of grants awarded, including the amount |
18 | each grant recipient received. |
19 | (3) Total number of individuals participating in |
20 | training programs funded by grants during the prior fiscal |
21 | year, including the number of individuals participating |
22 | through each grant recipient. |
23 | (4) Total number of individuals who completed a training |
24 | program funded by a grant during the prior fiscal year. |
25 | (5) Total number of individuals who enrolled in but |
26 | failed to complete a training program funded by this act |
27 | during the prior fiscal year. |
28 | (6) Rate of job placement for individuals who completed |
29 | a training program funded by this act during the prior fiscal |
30 | year, including the average wage at placement and benefits. |
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1 | (7) A summary of the information submitted by each grant |
2 | recipient under section 4(a). |
3 | (8) Recommendations for amendments to this act. |
4 | (9) Other information deemed by the department to be |
5 | relevant or necessary to complete a comprehensive review of |
6 | the program. |
7 | (b) Submission.--The report shall be submitted to the |
8 | following: |
9 | (1) The Governor. |
10 | (2) The Majority Leader and Minority Leader of the |
11 | Senate. |
12 | (3) The Majority Leader and Minority Leader of the House |
13 | of Representatives. |
14 | (4) The chairman and minority chairman of each standing |
15 | committee in the Senate and the House of Representatives with |
16 | jurisdiction over the department. |
17 | (5) The chairman and minority chairman of: |
18 | (i) The Environmental Resources and Energy Committee |
19 | of the Senate. |
20 | (ii) The Environmental Resources and Energy |
21 | Committee of the House of Representatives. |
22 | (c) Posting.--The department shall post the report on its |
23 | Internet website. The report shall remain posted until the |
24 | report for the next fiscal year is posted. |
25 | Section 6. Regulations. |
26 | (a) General rule.--The department, in consultation with the |
27 | Department of Environmental Protection, shall promulgate |
28 | regulations necessary for the administration and enforcement of |
29 | this act. |
30 | (b) Temporary regulations.-- |
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1 | (1) In order to facilitate the prompt implementation of |
2 | this act, initial regulations promulgated by the department |
3 | shall be deemed temporary regulations which shall expire no |
4 | later than two years following the effective date of this |
5 | section. |
6 | (2) Temporary regulations are exempt from all of the |
7 | following: |
8 | (i) Sections 201, 202 and 203 of the act of July 31, |
9 | 1968 (P.L.769, No.240), referred to as the Commonwealth |
10 | Documents Law. |
11 | (ii) The act of June 25, 1982 (P.L.633, No.181), |
12 | known as the Regulatory Review Act. |
13 | (3) This subsection shall expire one year from the |
14 | effective date of this section. |
15 | Section 7. Transfer of funding. |
16 | (a) Authorization.--The sum of $25,000,000 shall be |
17 | transferred from the Commonwealth Financing Authority to a |
18 | restricted receipt account in the State Treasury for |
19 | disbursement by the Department of Labor and Industry for |
20 | purposes of funding grants. The moneys transferred by the |
21 | authority shall derive from the proceeds of any bonds issued by |
22 | the authority for alternative energy and other energy-related |
23 | projects. |
24 | (b) Disbursement.--The department shall annually disburse |
25 | $5,000,000 of the amounts transferred under subsection (a) for |
26 | the purpose of funding grants. |
27 | Section 8. Effective date. |
28 | This act shall take effect in 60 days. |
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