1Amending the act of July 9, 2008 (1st Sp.Sess., P.L.1873, No.1),
2entitled "An act providing for alternative sources of energy;
3establishing the Alternative Energy Development Program, the
4Consumer Energy Program, the Home Energy Efficiency Loan
5Program, the Home Energy Efficiency Loan Fund and the
6Alternative Energy Production Tax Credit Program; and
7providing for the powers and duties of the Department of
8Environmental Protection," further providing for pollution
9control technology projects; and providing for energy service
10project grants, for green work force training and for a
11transfer of funds.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. Section 304(a) of the act of July 9, 2008 (1st 
15Sp.Sess., P.L.1873, No.1), known as the Alternative Energy 
16Investment Act, is amended to read:

17Section 304. Pollution control technology projects.

18(a) Allocation.--The sum of [$25,000,000] $10,000,000 shall
19be transferred by the authority to the department for pollution
20control technology projects. The funds shall be utilized for
21grants to electric generating units or cogeneration units, as
22defined under 25 Pa. Code § 123.202 (relating to definitions),

1that utilize coal, as defined under 25 Pa. Code § 123.202, as
2their primary fuel source, and that have an installed capacity
3of less than 500 megawatts, located in this Commonwealth.

4* * *

5Section 2. The act is amended by adding a section to read:

6Section 308. Green work force training.

7The sum of $15,000,000 shall be transferred by the department
8to the Department of Labor and Industry in accordance with
9section 907 for purposes of providing green work force training
10grants under Chapter 9.

11Section 3. The act is amended by adding a chapter to read:

12CHAPTER 9

13GREEN WORK FORCE TRAINING

14Section 901. Scope of chapter.

15This chapter relates to green work force training.

16Section 902. Definitions.

17The following words and phrases when used in this chapter
18shall have the meanings given to them in this section unless the
19context clearly indicates otherwise:

20"Applicant." An eligible entity that applies for a grant
21under section 903.

22"Area vocational-technical schools and technical institutes."
23As used under Article XVIII of the act of March 10, 1949
24(P.L.30, No.14), known as the Public School Code of 1949.

25"Authority." The Commonwealth Financing Authority.

26"Community college." As defined in section 2001-C of the act
27of March 10, 1949 (P.L.30, No.14), known as the Public School
28Code of 1949.

29"Crime of violence." As defined in 42 Pa.C.S. § 9714(g)
30(relating to sentences for second and subsequent offenses).

1"Educational institution." Any of the following:

2(1) An area vocational-technical school and technical
3institute.

4(2) A community college.

5(3) A junior college.

6(4) An intermediate unit.

7(5) A private licensed school.

8(6) An independent institution of higher education.

9(7) A State-owned institution of higher education.

10(8) A State-related institution of higher education.

11"Eligible entity." An educational institution or a labor
12organization.

13"Eligible individual." Any of the following who is a
14resident of this Commonwealth:

15(1) A worker in an industry impacted by national and
16State energy and environmental policy.

17(2) An individual in need of updated training related to
18the energy efficiency and renewable energy industries.

19(3) A veteran or a past or present member of a reserve
20component of the armed forces.

21(4) An unemployed individual.

22(5) A low-income individual.

23(6) A formerly incarcerated or adjudicated nonviolent
24offender.

25"Eligible industry." An energy efficiency or renewable
26energy industry, including:

27(1) the energy-efficient building, construction and
28retrofits industries;

29(2) the renewable electric power industry;

30(3) the biofuels industry;

1(4) the energy efficiency assessment industry;

2(5) manufacturers of energy-efficient or renewable
3energy products or materials; and

4(6) any other industry deemed eligible by the Department
5of Labor and Industry.

6"Grant." A grant issued under this chapter.

7"Independent institution of higher education." As defined in
8section 2001-C of the act of March 10, 1949 (P.L.30, No.14),
9known as the Public School Code of 1949.

10"Junior college." An institution of higher education which:

11(1) offers the first two years of a four-year
12postsecondary educational program; and

13(2) is approved by the Department of Education under 22
14Pa. Code Ch. 42 (relating to program approval).

15"Labor organization." An organization, agency or employee
16representation committee or plan within this Commonwealth:

17(1) in which employees participate; and

18(2) which exists for the purpose, in whole or in part,
19of dealing with disputes between an employer and its
20employees involving grievances, labor disputes, wages, rates
21of pay, hours of employment or conditions of work. The term
22does not include an organization, agency, committee or plan
23which practices discrimination in membership because of race,
24color, creed, national origin, sex or political affiliation.

25"Low-income individual." An individual with monthly income
26at or below 200% of the poverty level established by the Bureau
27of the Census.

28"Nonviolent offender." A person who has not committed a:

29(1) crime of violence; or

30(2) sexual offense enumerated under 42 Pa.C.S. §

19795.1(a) and (b) (relating to registration).

2"Private company." Any business, professional service
3company or other enterprise. The term includes a group of at
4least two private companies operating as a consortium in order
5to take advantage of a common training program. The term does
6not include a point-of-sale retail business.

7"Private licensed school." As defined in section 2 of the
8act of December 15, 1986 (P.L.1585, No.174), known as the
9Private Licensed Schools Act.

10"Reserve component of the armed forces." The United States
11Army Reserve, United States Navy Reserve, United States Marine
12Corps Reserve, United States Coast Guard Reserve, United States
13Air Force Reserve, Pennsylvania Army National Guard and
14Pennsylvania Air National Guard.

15"Secretary." The Secretary of Labor and Industry of the
16Commonwealth.

17"State-owned institution of higher education." An
18institution of higher education that is part of the State System
19of Higher Education.

20"State-related institution of higher education." The
21Pennsylvania State University, the University of Pittsburgh,
22Temple University and Lincoln University. The term includes a
23branch campus.

24"Trainee." An individual enrolled in a training program
25under this chapter.

26"Training program." A systematic program which is designed
27to provide an eligible individual with the skills and knowledge
28necessary to meet the specifications for an occupation or trade
29within an eligible industry.

30Section 903. Green Work Force Training Program.

1(a) Establishment.--Within six months after the effective
2date of this section, the secretary, in consultation with the
3Secretary of Environmental Protection, shall establish a Green
4Work Force Training Program, which shall be designed to promote
5job training related to the energy efficiency and renewable
6energy industries.

7(b) Requirements.--The Department of Labor and Industry
8shall establish the minimum training program requirements
9necessary for an applicant to be considered for a grant. In
10setting program requirements, the Department of Labor and
11Industry shall consult with the department, representatives from
12eligible industries and representatives from labor organizations
13representing workers in eligible industries in order to ensure
14that the training programs will teach relevant skills and
15competencies and that any certificates and credentials resulting
16from completed job training are employer recognized.

17(c) Grants.--

18(1) The secretary shall award grants to enable eligible
19entities to carry out training that leads to the development
20of an energy efficiency and renewable energy industries work
21force. Grants shall be awarded so as to ensure geographic
22diversity.

23(2) The secretary shall award grants to approved
24applicants. In awarding a grant, priority shall be given to
25applicants that demonstrate all of the following:

26(i) Experience in implementing and operating worker
27skills training and education programs.

28(ii) Ability to identify and involve in training
29programs eligible individuals who seek or would benefit
30from job training opportunities related to energy

1efficiency and renewable energy industries.

2(iii) Ability to leverage additional public and
3private resources to fund training programs, including
4cash or in-kind matches from private companies. Failure
5to leverage additional resources shall not disqualify an
6applicant from receiving a grant.

7(3) The secretary shall award at least five grants to
8eligible applicants that agree to provide job training
9primarily to low-income individuals and formerly incarcerated
10or adjudicated nonviolent offenders. The following apply:

11(i) Grants shall be awarded in a manner that ensures
12geographic diversity and that targets areas of high
13poverty.

14(ii) If less than five applicants apply or qualify
15for a grant under this paragraph, the secretary may award
16any unused grant as provided under this chapter.

17(d) Grant applications.--An eligible entity must submit an
18application for a grant to the Department of Labor and Industry.
19The application must be on the form required by the Department
20of Labor and Industry and must include or demonstrate all of the
21following:

22(1) The applicant's name and address.

23(2) The location where the training program will occur.

24(3) The geographic area of this Commonwealth, identified
25by county, from which the applicant expects to enroll
26trainees.

27(4) A brief history of the applicant's job training
28experience, if any. Lack of job training history shall not
29preclude an applicant from receiving a grant.

30(5) A statement affirming that the applicant will give

1eligible individuals priority for training and other
2services.

3(6) A statement identifying the eligible industries for
4which the job training will be provided.

5(7) A description of the proposed training or
6instructional program to be provided.

7(8) A statement:

8(i) disclosing whether an applicant intends to
9contract with other organizations or individuals for the
10provision of all or a portion of the services to be
11provided; and

12(ii) if there is intent to contract under
13subparagraph (i), requesting allocation of a portion of
14the grant from the applicant to the contractor.

15(9) The amount of the grant requested, including an
16itemized list of intended uses of the grant.

17(e) Review and approval of grant applications.--

18(1) The Department of Labor and Industry shall review
19the application to determine that all of the following apply:

20(i) The applicant is an eligible entity.

21(ii) The applicant has committed to giving priority
22for training and other service to eligible individuals.

23(iii) The applicant will provide job training
24relating to an eligible industry.

25(iv) The training program proposal submitted by the
26applicant:

27(A) meets the program requirements established
28by the Department of Labor and Industry; and

29(B) will further the public policy goals of this
30chapter.

1(v) There is a substantial likelihood that the
2training program will successfully train individuals for
3future employment opportunities in an eligible industry.

4(vi) The amount of the grant request is reasonable.

5(vii) The applicant complied with all other criteria
6established by the Department of Labor and Industry.

7(2) Upon being satisfied that all requirements have been
8met, the secretary may approve the application. Upon
9approval, the secretary shall award a grant.

10(f) Use of grant funds.--A grant recipient may not use a
11grant to do any of the following:

12(1) Pay wages of trainees during training.

13(2) Pay costs associated with building construction or
14renovation or the acquisition, upgrade or installation of
15equipment or machinery, including computer equipment.

16(3) Pay for point-of-sale retail job training.

17(g) Limitation.--A single grant shall not exceed $250,000
18per applicant.

19Section 904. Reports by grant recipients.

20(a) Annual report.--By September 1, each grant recipient
21shall submit a report to the Department of Labor and Industry
22summarizing the effectiveness of the recipient's training
23program for the prior fiscal year. Each report shall be posted
24by the Department of Labor and Industry on its Internet website
25and shall remain on the site until the reports for the next year
26are posted. Each report must contain the following information:

27(1) The number of program trainees.

28(2) The demographic characteristics of trainees,
29including race, gender, age and education level.

30(3) The services provided by the recipient, including

1job training, education and supportive services.

2(4) The total amount of the grant received.

3(5) An itemized list of program expenditures.

4(6) The amount of program spending per trainee.

5(7) Program completion rates.

6(8) The rate of job placement.

7(9) The average wage at placement, including any
8benefits.

9(10) Any post-employment supportive services provided to
10program trainees.

11(11) Any other information requested by the Department
12of Labor and Industry.

13(b) Duties of Department of Labor and Industry.--

14(1) The Department of Labor and Industry shall assist
15grant recipients in the collection of data under this clause
16by:

17(i) making available, where practicable, low-cost
18means of tracking the labor market outcomes of program
19trainees; and

20(ii) providing standardized reporting forms.

21(2) The Department of Labor and Industry, at its
22discretion but no less than once every two years, shall
23collect and analyze labor market data to track work force
24trends resulting from energy-related job training initiatives
25carried out under this chapter. The information obtained by
26the Department of Labor and Industry shall be included in the
27annual report required to be submitted by the Department of
28Labor and Industry under section 905.

29Section 905. Annual report.

30(a) Requirement.--By December 31, the Department of Labor

1and Industry shall complete a written report outlining the
2effectiveness of the training programs for the prior fiscal
3year. The report shall include the following:

4(1) Total number of grants awarded, including the name
5and address of each grant recipient.

6(2) Total amount of grants awarded, including the amount
7each grant recipient received.

8(3) Total number of individuals participating in
9training programs funded by grants during the prior fiscal
10year, including the number of individuals participating
11through each grant recipient.

12(4) Total number of individuals who completed a training
13program funded by a grant during the prior fiscal year.

14(5) Total number of individuals who enrolled in but
15failed to complete a training program funded under this
16chapter during the prior fiscal year.

17(6) Rate of job placement for individuals who completed
18a training program funded under this chapter during the prior
19fiscal year, including the average wage at placement and
20benefits.

21(7) A summary of the information submitted by each grant
22recipient under section 904(a).

23(8) Recommendations for changes to this chapter.

24(9) Other information deemed by the Department of Labor
25and Industry to be relevant or necessary to complete a
26comprehensive review of the program.

27(b) Submission.--The report shall be submitted to the
28following:

29(1) The Governor.

30(2) The Majority Leader and Minority Leader of the

1Senate.

2(3) The Majority Leader and Minority Leader of the House
3of Representatives.

4(4) The chairman and minority chairman of each standing
5committee in the Senate and the House of Representatives with
6jurisdiction over the Department of Labor and Industry.

7(5) The chairman and minority chairman:

8(i) of the Environmental Resources and Energy
9Committee of the Senate; and

10(ii) of the Environmental Resources and Energy
11Committee of the House of Representatives.

12(c) Posting.--The Department of Labor and Industry shall
13post the report on its Internet website. The report shall remain
14on the site until the report for the next fiscal year is posted.

15Section 906. Regulations.

16(a) General rule.--The Department of Labor and Industry, in
17consultation with the department, shall promulgate regulations
18necessary for the administration and enforcement of this
19chapter.

20(b) Temporary regulations.--

21(1) In order to facilitate the prompt implementation of
22this chapter, initial regulations promulgated by the
23Department of Labor and Industry shall be deemed temporary
24regulations which shall expire no later than two years
25following the effective date of this section.

26(2) Temporary regulations are exempt from all of the
27following:

28(i) Sections 201, 202 and 203 of the act of July 31,
291968 (P.L.769, No.240), referred to as the Commonwealth
30Documents Law.

1(ii) The act of June 25, 1982 (P.L.633, No.181),
2known as the Regulatory Review Act.

3(3) This subsection shall expire one year from the
4effective date of this section.

5Section 907. Funding.

6The sum of $15,000,000 shall be transferred from the
7Commonwealth Financing Authority to the Department of Labor and
8Industry for purposes of funding grants for job training
9programs. Revenues transferred by the authority shall derive
10from the proceeds of any bonds issued by the authority for
11alternative energy and other energy-related projects and
12previously dedicated to pollution control technology projects
13pursuant to section 304. For a three-year period, the Department
14of Labor and Industry shall annually disburse $5,000,000 of the
15appropriation for the purpose of funding grants authorized under
16this chapter.

17Section 4. This act shall take effect in 60 days.