Establishes the green jobs workforce subcommittee of the state workforce investment board to conduct labor market data analysis, to provide job training and education programs, and to provide a local green jobs corps.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A241
SPONSOR: Latimer (MS) TITLE OF BILL: An act to amend the labor law, in relation to estab-
lishing the subcommittee on green jobs workforce to conduct labor market
data analysis, to provide job training and education programs, and to
provide a local green jobs corps
PURPOSE OR GENERAL IDEA OF BILL: The bill establishes a subcommittee
of the state workforce investment board to coordinate the state's
efforts to develop and train a workforce in the green economy, conduct-
ing labor market data analysis, providing job training and education
programs, among other efforts.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new section 854 to
the labor law, establishing the green jobs workforce subcommittee and
specifying its duties in labor market/industry data analysis, job train-
ing programs, education programs, creation of local green jobs corps,
funding solicitation from private and other governmental entities, and
reporting requirements.
Section 2 establishes the effective date of the legislation.
JUSTIFICATION: Creating a specific subcommittee of the state workforce
investment board targeted to green jobs development brings together
disparate state resources into a single, coordinated effort that will
have much greater effectiveness. The detailed data analysis will help
guide the development of the strategy required to grow green industries
in New York State, and the reporting component will allow for hill tran-
sparency and accountability of those efforts. The creation of local
green jobs corps provides a tangible, on the ground effort to achieve
the goals of growing the economy.
PRIOR LEGISLATIVE HISTORY:
2009-10 A.8377-B (Latimer) Referred to Rules
2009-10 S.5640-B (Thompson) Passed Senate, vote reconsidered, restored
to third reading
FISCAL IMPLICATIONS: Subject to the annual budget appropriations proc-
ess.
EFFECTIVE DATE: The act requires the subcommittee to be established
within 6 months of the date on which this act shall have become law,
STATE OF NEW YORK
________________________________________________________________________
241
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. LATIMER, MAISEL, LUPARDO, SPANO, PAULIN, ABBATE,
SCHROEDER, COLTON, LIFTON, GALEF, HOYT, CLARK -- Multi-Sponsored by --
M. of A. BING, BRENNAN, GABRYSZAK, GUNTHER, HEASTIE, HOOPER, PEOPLES-
STOKES, SCHIMEL, WEISENBERG -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to establishing the subcom-
mittee on green jobs workforce to conduct labor market data analysis,
to provide job training and education programs, and to provide a local
green jobs corps
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The labor law is amended by adding a new section 854 to
2 read as follows:
3 § 854. Green jobs workforce subcommittee. 1. Creation and constitu-
4 tion. (a) The green jobs subcommittee (the "subcommittee") is hereby
5 established by the state workforce investment board consisting of
6 members of the state workforce investment board to coordinate the
7 state's efforts to develop and train a workforce in the green economy.
8 (b) The subcommittee shall work with the following public and private
9 stakeholders in developing and carrying out its tasks under this
10 section, including but not limited to the following: the department of
11 labor; the New York state energy research and development authority
12 (NYSERDA); the workforce development institute; the department of educa-
13 tion; the public service commission; the Empire State Development Corpo-
14 ration; Downstate Empire State Development Corporation; Upstate Empire
15 State Development Corporation; the department of correctional services;
16 the office of children and family services' Native American services;
17 the department of environmental conservation; the department of agricul-
18 ture and markets; the department of transportation; the department of
19 housing; the New York power authority; the office of general services;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00301-01-1
A. 241 2
1 the office of temporary and disability assistance; the Environmental
2 Facilities Corporation; New York power authority; New York state depart-
3 ment of public services; New York state farm bureau; representatives
4 from the environmental justice community; representatives from labor
5 organizations; representatives from organizations whose primary mission
6 is committed to job training activities; representatives from K-12
7 educational institutions, secondary educational institutions, trade
8 schools, and the New York state and regional boards of cooperative
9 education services ("BOCES"); representatives from the private sector,
10 small business, industries and trade associations; the New York chapter
11 of the United States green building council; non-profit, non-governmen-
12 tal and community-based organizations which focus on labor, environ-
13 mental issues, energy efficiency, renewable energy, clean technologies,
14 and alternative fuels; Native American tribes; organizations dealing
15 with adults and youth with special needs, and physical and learning
16 disabilities; local governments and municipalities; worker investment
17 agency one-stop career centers; and local veterans agencies and veterans
18 service organizations.
19 (c) The subcommittee may employ and remove such personnel as it may
20 deem necessary for the performance of its functions. To carry out the
21 tasks under this section, the subcommittee shall assign sufficient
22 staff.
23 2. Labor market/industry data analysis. (a) The subcommittee shall be
24 responsible for collecting, developing and analyzing statewide and
25 regional labor market and industry data.
26 (b) In carrying out its duties under this subdivision, the subcommit-
27 tee shall consult with all relevant public and private stakeholders,
28 including, but not limited to, those listed in paragraph (b) of subdivi-
29 sion one of this section.
30 (c) The subcommittee shall provide a periodic analysis which includes
31 industry and workforce data, and identifies existing and emerging busi-
32 nesses in the green economy and workforce skills needed to match exist-
33 ing and/or growing demand. The subcommittee shall provide this informa-
34 tion in an annual report as provided in subdivision seven of this
35 section.
36 (d) For purposes of collecting industry data, the subcommittee shall
37 focus on the following sectors, which include but are not limited to the
38 following:
39 (i) energy-efficient building, construction and retrofit industries
40 and other industries with an expertise in green building techniques;
41 (ii) energy-efficiency assessment industries serving the residential,
42 commercial and industrial sectors;
43 (iii) renewable electric power industries;
44 (iv) biofuels industries;
45 (v) deconstruction, materials reuse and recycling industries;
46 (vi) brownfield remediation;
47 (vii) component manufacturers that make parts for renewable energy,
48 biofuels, or energy efficient systems; manufacturers that produce
49 sustainable products using environmentally sustainable processes and
50 materials;
51 (viii) public transportation (operations and maintenance); and
52 (ix) "industries-in-transition" covering sectors that are adopting
53 cleaner technologies and processes.
54 (e) The subcommittee's analysis shall identify job opportunities in
55 the green economy and determine the potential for each industry sector
A. 241 3
1 to create new jobs in New York state, taking into account the availabil-
2 ity of existing housing and public transportation near these job sites.
3 (f) With respect to workforce data, the subcommittee's analysis shall
4 conduct an inventory of existing:
5 (i) job training programs related to clean technology, renewable ener-
6 gy, and energy efficiency technologies;
7 (ii) educational programs related to clean technology, renewable ener-
8 gy and energy efficiency technologies at public and private colleges and
9 universities and kindergarten through twelfth grade institutions
10 throughout the state; and
11 (iii) referral, career counseling and case management services which
12 link job seekers to job openings and training programs related to clean
13 technology, renewable energy and energy efficiency.
14 (g) The subcommittee's analysis shall:
15 (i) determine the extent to which existing training and educational
16 programs prepare the workforce for the needs of the clean tech industry;
17 in so doing, the subcommittee shall identify gaps in relevant skills and
18 competencies to better match industry demand and define types of train-
19 ing and educational programs necessary to fill those gaps;
20 (ii) address the current barriers and opportunities for the partic-
21 ipation of targeted populations defined in subparagraph (iii) of para-
22 graph (d) of subdivision three of this section; and
23 (iii) include recommendations for action to promote job training and
24 education programs.
25 3. Job training programs. (a) Based on the results of the labor
26 market/industry data analysis in subdivision two of this section, the
27 subcommittee shall develop strategies for job training programs that
28 match the needs of the state's growing green economy.
29 (b) In carrying out its duties under this subdivision, the subcommit-
30 tee shall work with all relevant public and private stakeholders,
31 including, but not limited to, those listed in paragraph (b) of subdivi-
32 sion one of this section.
33 (c) The subcommittee shall expand on existing job training programs,
34 such as NYSERDA programs for installer certification regarding mainte-
35 nance and operation of large-scale renewables and additional small scale
36 renewable technologies such as wind, solar thermal, biomass and anaero-
37 bic digestion systems.
38 (d) The subcommittee shall develop new programs needed to fill rele-
39 vant skills gaps. In developing these programs, the following criteria
40 must be met:
41 (i) involving employers and labor organizations in determining rele-
42 vant skills and competencies, as well as ensuring that the certificates
43 or credentials resulting from the training programs are employer-recog-
44 nized;
45 (ii) coordinating job training programs with existing workforce and
46 economic development strategies, such as labor management training
47 programs, union and non-union apprenticeship programs, to retool workers
48 in declining industries; and
49 (iii) giving priority and providing an entry-point to targeted popu-
50 lations, including but not limited to the following:
51 (A) individuals seeking pathways out of poverty and into economic
52 self-sufficiency such as at-risk youth, high school dropouts, low-income
53 workers, unemployed youth and adults or other underserved sectors of the
54 workforce in areas of high poverty;
55 (B) veterans or past and present members of reserve components of the
56 armed forces;
A. 241 4
1 (C) Native Americans;
2 (D) people with physical and/or learning disabilities;
3 (E) formerly incarcerated, adjudicated, non-violent offenders;
4 (F) workers affected by declining industries and national and state
5 energy and environmental policies; and
6 (G) disabled veteran business enterprises, minority-owned and women-
7 owned businesses;
8 (iv) requiring that programs be offered at alternative times, includ-
9 ing evening and weekend programs, and be located in convenient and
10 accessible locations for participants, particularly the targeted popu-
11 lations set forth in subparagraph (iii) of this paragraph;
12 (v) linking trainees to relevant employers and job opportunities; and
13 (vi) to the maximum extent feasible, leveraging a mix of public and
14 private funding, including cash or in-kind matches from participating
15 employers with the goal that training is partially or fully subsidized
16 and that all apprentices receive a wage and benefit package.
17 (e) To execute its tasks under this subdivision, the subcommittee
18 shall ensure that it coordinates its efforts with its tasks under subdi-
19 vision four of this section to build linkages between education and job
20 training programs and ensure smooth career pathways.
21 4. Education programs. (a) The subcommittee shall work with all rele-
22 vant public and private stakeholders, including but not limited to,
23 those listed in paragraph (b) of subdivision one of this section to
24 assist such entities in developing educational programs and curricula
25 that prepare students for future careers in the green economy based on
26 the results of the labor market/industry data analysis required by
27 subdivision two of this section.
28 (b) The subcommittee shall expand and build on the successes of exist-
29 ing education programs at colleges and universities, such as SUNY Delhi,
30 SUNY Farmingdale, Hudson Valley Community College, and Bronx Community
31 College; to fill the gaps identified in the workforce data analysis, the
32 subcommittee shall develop new training programs, curricula, support
33 services and career guidance/mentoring programs in the green economy.
34 (c) In developing these programs, the subcommittee will ensure that
35 the following criteria are met:
36 (i) assist students in acquiring the skills and knowledge that are
37 relevant to future careers directly related to the green economy;
38 (ii) involve employers and labor organizations in determining relevant
39 skills and competencies, as well as ensure that the certificates or
40 credentials resulting from the training programs are employer-recog-
41 nized;
42 (iii) to the maximum extent feasible, coordinate with existing
43 programs to integrate green concepts into existing curricula;
44 (iv) coordinate with union and non-union apprenticeship programs; and
45 (v) leverage a mix of public and private funding, including cash or
46 in-kind matches.
47 (d) To execute its tasks under this subdivision, the subcommittee
48 shall ensure that it coordinates its efforts under subdivision three of
49 this section to build linkages between education and job training
50 programs and ensure smooth career pathways.
51 5. Local green jobs corps. (a) The subcommittee will work with local
52 and regional governments to facilitate the creation of local green jobs
53 corps in municipalities throughout New York state;
54 (b) Green jobs corps will work with the local community, local work-
55 force investment boards, other established local green jobs programs and
56 initiatives, and take all necessary steps to develop green career paths,
A. 241 5
1 including but not limited to, job readiness, skills education and career
2 counseling;
3 (c) To the maximum extent feasible, each local green jobs corps shall
4 be established as a multi-stakeholder task force and include key stake-
5 holders such as representatives from the community, local government,
6 residents, environmental, education, business and labor groups; and
7 (d) The subcommittee shall assist local green jobs corps as needed.
8 6. The subcommittee shall explore all public and private funding mech-
9 anisms to implement the provisions of this section; such financing mech-
10 anisms shall include but not be limited to the following:
11 (a) any and all funds available through the American recovery and
12 reinvestment act;
13 (b) any or all funds available through the energy efficiency or renew-
14 able energy portfolio standards;
15 (c) state and federal workforce and economic development funds,
16 including but not limited to NYSERDA;
17 (d) private sector training investments;
18 (e) state bonding initiatives;
19 (f) auction revenues from state and federal cap-and-trade programs;
20 (g) grants;
21 (h) public pension fund investments;
22 (i) savings from investments in energy efficiency retrofits;
23 (j) investment/production tax credits and other tax abatement incen-
24 tives; and
25 (k) foundations and corporations.
26 7. Reporting requirements. (a) Based on its periodic reports, as set
27 forth in subdivision two of this section, the subcommittee shall prepare
28 an annual report on green labor market outcomes and workforce trends,
29 which shall be submitted to the governor and the legislature. All
30 subsequent annual reports shall be due one year from the submission of
31 the prior report or as soon as practicable thereafter.
32 (b) The report shall include, but not be limited to, the following
33 information:
34 (i) up-to-date labor market and industry data analysis, including
35 demographics of trainees and students and significant barriers to train-
36 ing, education and employment such as limited language skills, criminal
37 record, addiction or mental health issues;
38 (ii) a summary of new job training programs and funding sources
39 supporting these programs, including the number of applicants to a
40 program, number of participants enrolled, and completion rates;
41 (iii) a summary of new education programs and funding sources support-
42 ing these programs, including the number of applicants to a program,
43 number of participants enrolled, and graduation rates;
44 (iv) a summary of existing programs that have incorporated green jobs
45 skills into their curriculum;
46 (v) a summary of partnerships that have created linkages between
47 education and job training programs;
48 (vi) a summary of new local green jobs initiatives;
49 (vii) the rate of job placement and employment retention after one
50 year;
51 (viii) the average wage at placement, including benefits and rate of
52 average wage increase after one year;
53 (ix) recommendations to implement new job training and education
54 programs, and to increase job placement and retention; and
55 (x) progress on implementation of recommendations from prior reporting
56 cycles.
A. 241 6
1 (c) The report shall make narrowly tailored recommendations based upon
2 the aforementioned data and findings, including specific and targeted
3 requirements for actions to be completed within pre-determined time-
4 frames.
5 § 2. This act shall take effect immediately; provided that the state
6 workforce investment board shall establish the green jobs subcommittee
7 within 6 months of the date on which this act shall have become a law.
