Green Jobs Position Paper

GREEN JOBS IN NEW YORK:  WHERE THE (GREEN)

ECONOMY MEETS THE (GREEN) ENVIRONMENT

 

Delight Balducci, Stephanie Haas, Cullen Howe,

Kara Murphy, Giselle Vigneron & Jason Wiener

 

I.          Introduction

            A perfect storm is upon us: wildly-fluctuating energy prices, a downward spiraling economy, rising unemployment, mounting threats due to human-induced climate change, unstable oil-based geopolitics, and a workforce whose skills are quickly becoming obsolete.  Our communities, and the country as a whole, face a tidal wave of economic and environmental hardship that can only be solved with a re-innovation of our workforce and a re-dedication to core environmental and labor principles.  In short, we need “green collar” jobs.  The green collar jobs movement has been quickly gaining momentum.  As of this writing, the groundswell of support has reached attention on the national stage, with President-elect Barack Obama acknowledging a “do or die” approach to re-invigorating a clean, green economy and prominently featuring green jobs as part of his economic recovery program.  In November 2008, he stated that he is prepared to invest $15 billion per year to encourage the development of clean energy technologies like solar power, wind power and new forms of biofuels, creating 2.5 million new green jobs in the process.  As the economy has continued to worsen, the incoming administration that suggested that its economic stimulus, which will prominently feature green jobs, will be between $675 and 775 billion.

             The first part of this article will define what is meant by “green jobs” and will then explain why environmental justice is a critical component of this concept.  It will then look at federal and state laws that have been passed to promote green jobs.  The second part of this article will discuss the key nonprofit organizations involved in the green jobs movement.  It will then explain why green jobs legislation is urgently needed in New York and conclude with a discussion of what such legislation might look like. 

 A.        Green Collar Jobs Defined

 While the term “green collar jobs” or “green jobs” has many definitions, this article will adopt the definition given by Van Jones.  Mr. Jones, one of the leaders of this movement and the Executive Director of Green For All, defines green jobs as having two primary components: (1) blue-collar employment that has been upgraded to better respect the environment and (2) family-supporting, career-track, vocational, or trade-level employment in environmentally-friendly fields.^[1]  Given this broad definition, it is

somewhat difficult to define green jobs with any specificity or clear boundary lines.  In addition, it is highly likely that the green economy will evolve over time and include numerous activities.  Thus, we believe that green jobs should refer broadly to the following industries and activities: clean technology, resource and energy conservation, energy efficiency, renewable energy, environmentally sustainable manufacturing and services, and the development of environmentally sustainable products and processes.  With this definition, we can begin to discuss the various components and principles that ought to be embedded in any green jobs proposal or legislation.

 We believe that any legislative policy initiative should adhere to four basic principles.  First, at its most basic level, a statewide green jobs policy should synergize workforce development and environmental sustainability by promoting a new “green economy” that values nature and people.  Second, this policy should seek to stimulate the overall local, regional and state economy by creating high quality, environmentally-friendly jobs that provide living wages and benefits and offering a progressive career ladder.  Third, this policy should principally target and enhance educational and vocational training focused primarily on energy conservation and renewable sources of energy.  Fourth, and most important, any green jobs policy or law should create environmentally sustainable pathways out of poverty for low-income and under-served communities which focus on recruitment, job training and job placement.  As will be discussed throughout this article, the transition to a green economy must, as a matter of moral, economic and environmental necessity, put the needs of environmental justice communities at the center of the dialogue.  Economic enfranchisement and workforce redeployment are the clarion calls of the green jobs movement, and focusing workforce development towards a green, inclusive economy is a pragmatic and appropriate way to put New York’s — and the nation’s — communities back to work.

 In practice, most green jobs will be reformulated and retooled blue-collar jobs.  Many of these jobs are in the energy, transportation, and building sectors.  As the country transitions toward a clean energy economy, there will be a growing demand for new skill sets.  Labor unions stand to gain from a redeployment of their membership to new applications of currently outdated skills.  For example, steel workers and pipe-fitters, who are currently seeing their union membership decline and employment opportunities dry up, will be vital in the new clean energy economy for wind turbine technology and solar energy.  Plumbers, electricians and other building trades will need to be re-trained in the latest energy efficiency and renewable energy technologies to meet growing demand for energy efficient buildings and other structures.

 B.         Environmental Justice As a Critical Component of Green Jobs

 A key concept in green jobs is the idea that ecological sustainability must be reinvented to include taking care of people as well as the environment.  We believe that the new green economy can only be successful if it is fully participatory.  To understand the real underpinnings of the green jobs movement, it is crucial to examine the environmental justice component.  Van Jones calls this “the pathways out of poverty.”  These pathways must inevitably focus on the people who need the most support: low-income people, high school dropouts, and formerly-incarcerated people, among others.  These individuals, who are disproportionately people of color, typically live in areas where some of the worst environmental conditions exist and who therefore stand to gain the most if we green our economy.  Moreover, they are often unemployed or are in jobs that do not pay a living wage for themselves or their family, nor do the jobs that they would otherwise be qualified for provide a path to a better life.  Even if our society commits to a green economy, these individuals do not have the training or skills to be able to transition into this economy on their own.  The question that the green jobs movement addresses is how to ensure that the people who need the most help are included in the emerging green economy.  The answer is relatively straightforward, at least in concept:  these people need to receive sufficient education and job training concerning these new jobs and technologies and, most important, they must benefit from the new employment opportunities. 

 Another important environmental justice aspect of green jobs is that they require a local workforce.  Green-collar jobs will not be outsourced.  Under- and unemployed workers in communities need to be identified and must receive training so that they can take advantage of these local jobs.  Thus, any green jobs initiatives that the state undertakes should focus on the revitalization of urban and rural communities.

 This means that money should be injected into our vocational and community colleges to start training a green workforce.  Job training can include such areas as solar panel installation, building retrofits, sustainable agriculture, material reuse, green roof installation,  and planting trees in urban neighborhoods, to name a few.  The challenge is to ensure that there is equal access to these opportunities, particularly for entry-level opportunities that do not require a bachelor’s degree, where career advancement is possible and that offer family-sustaining wages and benefits.

 II.        Federal, State and Nonprofit Green Jobs Initiatives

 A.        The Federal Green Jobs Act

 The only federal green jobs law, as such, that currently exists is the Green Jobs Act (HR 2847).  It was included as part of the Energy Independence and Security Act of 2007 (EISA), which was signed into law on December 19, 2007.^[2]  The Green Jobs Act is included as Title 10 of the EISA.^[3]  This section amends the Workforce Investment Act of

1998 (WIA) by authorizing $125 million per year to create what it refers to as an Energy Efficiency and Renewable Energy Worker Training Program, which consists of a number of related programs set forth below.  The program targets traditionally disadvantaged communities including at-risk youths, non-violent offenders, and veterans, and focuses on a broad range of energy efficiency and renewable energy industries, including, among others, energy efficient buildings, renewable energy, energy efficient vehicles, biofuels, and manufacturers of sustainable products.  However, one major caveat is that these funds have yet to be appropriated by Congress and it is unclear, given the current economic crisis, whether the Act will be fully funded. 

 Section 2 of the Act contains details on the Worker Training Program.  The first part of Section 2 requires that, within six months of the Act’s passage, the Secretary of Labor, along with the Bureau of Labor Statistics, establish a program that collects and analyzes labor market data with respect to workforce trends resulting from energy-related initiatives.  According to this section, the Secretary is required to do the following: (1) gather data based on occupational skill sets and future skill needs; (2) track and document occupational information and workforce training; (3) collaborate with state agencies, workforce investment boards, industry, organized labor, community and non-profit organizations to disseminate information for labor market services and worker training; (4) serve as clearinghouse for best practices in workforce development, job placement, and collaborative training partnerships; (5) promote the establishment of workforce training initiatives with respect to renewable energy and energy efficiency technologies; (6) link research and development in renewable energy and energy efficiency technology with the development of standards and curricula for current and future jobs; (7) assess new employment and work practices including career ladder and skills upgrade training; and (8) provide technical assistance and capacity building to national and state energy partnerships.^[4]

The remainder of Section 2 establishes four related programs.  The first of these programs is entitled the National Energy Partnership Grants Program, which awards competitive grants to carry out job training.  To be eligible for a grant, an entity must be a nonprofit partnership that includes participation from industry, public and private employers, labor organizations, workforce investment boards, community-based organizations, educational institutions, small businesses, and state and local veteran agencies.  In addition, the entity must demonstrate experience in implementing and operating worker skills training and education programs, have the ability to identify training programs for the targeted populations and demonstrate the ability to help workers achieve self-sufficiency.^[5]      

 

The next two programs both address grants to states.  The first program, entitled the State Labor Market Research, Information and Labor Exchange Research Program, empowers the Secretary of Labor to award competitive grants to states, enabling them to administer labor market and labor exchange information.  In particular, this program provides funding to state agencies that administer the Wagner-Peyser Act^[6] — an Act establishing a network of employment service centers — and state unemployment

compensation programs to identify job openings in the renewable energy and energy efficiency sectors, administer skill and aptitude testing for workers, and counsel and refer qualified workers to openings and training programs.  The second program, entitled the State Energy Training Partnership Program, empowers the Secretary to award grants to states to administer renewable energy and energy efficiency workforce development programs.  States, in turn, are allowed to use the money to award competitive grants to eligible partnerships, which include the partnerships mentioned above.  These partnerships are required to have experience in implementing worker skills training and education programs as well as the ability to identify the target populations that would benefit from activities related to energy efficiency and renewable energy industries.  Priority will be given to states that demonstrate that activities under the grant will meet national and state energy policies associated with energy efficiency, renewable energy and the reduction of greenhouse gases and are able to leverage public and private resources to fund training programs.^[7] 

 

The last program is entitled Pathways Out of Poverty Demonstration Program.  This program allows the Secretary of Labor to award at least ten grants to eligible entities to carry out training that leads to economic self-sufficiency.  The Secretary must give priority to individuals in families that have an income of less than 200% of the poverty threshold or a similar local standard.  Eligible entities include community-based nonprofits and educational institutions with experience in coordinating activities and implementing programs that serve low-income youth or adults.  These groups must demonstrate an ability to recruit individuals for training and to support them to successful completion of the training program.

 Activities carried out under all of these programs can include such things as occupational skills training, safety and health training, basic skills and literacy training, individual referral and tuition assistance for community college training programs or industry certification, internship programs in related energy fields, customized training in conjunction with a registered apprenticeship program or labor-management partnership, career ladder and skills upgrade training, implementation of transitional job strategies, and provision for supportive services.  Finally, the Act requires that within 18 months after it is passed, the Secretary of Labor give to Congress a status report on the training programs included within the Act.  The Act also requires that within three years of its passage, the Secretary give to Congress an assessment of the programs and an evaluation of the activities receiving funding from the programs.

 In June 2008, the U.S. House Appropriations Subcommittee approved a bill that provided $22 million in the 2008 fiscal year for this initiative.^[8]  However, as of January 10,

 2009 no money has been appropriated by Congress.

B.        State Green Job Laws

1.  
   1. Washington’s Climate Action and Green Jobs Act  

 Washington was the first state to pass a green jobs law.  The Climate Action and Green Jobs Act,^[9] which was signed into law in March 2008 and took effect this past June, combines green collar job training initiatives and greenhouse gas (GHG) reduction strategies.  With respect to green jobs, Section 9 of Act creates a green collar job training program to train and transition workers to clean energy jobs with the goal of increasing the number of such jobs in the state to 25,000 by 2020.  The Act requires that state agencies work together to conduct labor market research and analyze projected growth in the green economy, recruitment and skill requirements of green employers, wage and benefit ranges within green businesses, and education and training requirements for jobs within these industries.  The Act further provides that the University of Washington’s Business and Economic Development Center analyze the current green economy for participation by minority and women-owned business enterprises, identify existing barriers to their successful participation in the green economy, develop strategies with specific policy recommendations on how to improve their participation, and report these findings and recommendations to the Washington State House of Representatives and Senate.   

 Based on the University of Washington’s findings, the Employment Security Department, in consultation with the Department of Ecology (DOE), the state’s environmental protection agency, shall propose which industries will be considered “high demand green industries” and which jobs will be considered “high-wage occupations” based on current and projected job creation and their strategic importance to the state’s green economy.  These designations will inform DOE’s planning and strategic development as well as the planning of the State Workforce Training and Education Coordinating Board and higher education boards.  DOE will develop criteria for existing investments and make recommendations for new or expanded financial incentives and strategies, to recruit, retain, and expand green economy industries and small businesses and make recommendations for new or expanded financial incentives and strategies to stimulate research and development of green technology and innovation, including designating innovation partnership zones linked to the green economy.

 The Act also directs the State Workforce Training and Education Coordinating Board to create and pilot “green industry skill panels,” which will consist of business representatives from clean energy industries, labor unions representing workers in these industries, state and local veterans agencies, employer associations, educational institutions, and local workforce development councils and other stakeholders within the region that the panels propose to operate.  The panels are required to conduct labor market and industry analyses, plan strategies to meet the recruitment and training needs of the industry and small businesses; and leverage and align other public and private funding sources.  Finally, the Act creates a Green Industries Jobs Training Account in the State Treasury.  The State Board for Community and Technical Colleges, in consultation with the State Workforce Training and Education Coordinating Board, is authorized to make expenditures from the account.  Allowable uses of these funds include curriculum development, transitional jobs strategies for dislocated workers in declining industries who may be retrained for high-wage occupations in green industries, workforce education to target populations, and adult basic and remedial education as necessary linked to occupation skills training.[10]

 2.  Massachusetts Green Jobs Act

 Massachusetts enacted its Green Jobs Act on August 11, 2008.^[11]   Passed as an emergency law, the law establishes a Massachusetts Alternative and Clean Energy Investment

Technology Trust Fund.  This Fund, which is to be kept independent from other funds, is created and placed within the Massachusetts Clean Energy Technology Center.  Empowered with a self-sustaining, non-reverting fund, the Technology Center is given broad authority to carry out its purpose. 

 The law provides that the Technology Center shall, among other things: (1) stimulate  the creation and development of new clean energy ventures that will form the foundation of a strong clean energy industry sector or cluster in the state; (2) provide support to existing clean energy companies to expand their operations within the state; (3) attract new capital and research facilities from institutions outside the state; (4) foster collaboration between industry, state government, research universities and the financial sector to advance clean energy technology commercialization and venture development; (5) conduct market research to identify barriers to creating and expanding a clean technology industry, including job training needs; (6) support demonstration projects that are evaluated by independent, third-party peer research institutions; (7) serve as the clearinghouse for information related to the clean energy industry in the state; (8) promote programs and investments that lead to pathways toward economic self sufficiency for low and moderate-income individuals and communities in the clean energy industry; and (9) perform any other actions necessary to effectuate the state’s public interests.

 The Massachusetts Green Jobs Law adopts many of the conventions of similar green jobs laws:  it creates a board of directors which must consult with an advisory committee and it provides for an executive director, secretary and treasurer.  In many ways, however, the law departs from convention, keeping with the often arcane traditions of Massachusetts lawmaking.  For example, in contrast to the general and somewhat vague provisions of the California and Washington green jobs acts, the Massachusetts law spells out the particularities of Board of Director governance.  The Technology Center’s board of directors consists of 14 directors.

 The law enumerates the specific powers held by the Technology Center, which give it the imprimatur of a state agency or division.  While many states opt to create task forces, which bridge the expertise of several public and private entities, Massachusetts has instead elected to create a wholly autonomous and publicly financed agency-like structure to research, set and fund green jobs policy.  Massachusetts has thus vested the Technology Center with a remarkable level of authority, autonomy and leverage, which can be wielded over other governmental entities, private sectors and entities and the public welfare.  One of many interesting developments to observe will be the extent to which the Technology Center informs and shapes environmental and workforce policy of other state agencies and departments.

 The law provides several key provisions that are common to most green jobs laws.  First, the Technology Center is responsible for submitting an annual report regarding both its finances and a clean energy study.  Such reporting requirements are key components of green jobs laws because they create accountability and document both the status quo and any measurable progress attributable to the legislative mandate.  Second, the Technology Center has authority over a “clean energy seed grant program.”  The grant program helps catalyze researchers, companies, nonprofit organizations, and community based institutions to promote the clean energy economy.  Third, the Technology Center has authority over a “green jobs initiative,” which is responsible for awarding grants to the state’s public institutions of higher education, vocational-technical schools.  The grants are used to fund small-scale renewable energy generating sources and curriculum development for clean energy and energy efficiency.  Ostensibly, the green jobs initiative bridges the curricula-based work of public education institutions and the job-training work of vocational-technical programs.  The inter-connection between K-12 education and vocational job training is evident in most green jobs laws. 

 Lastly, Massachusetts seeds the Trust Fund with an initial $4 million for fiscal year 2009 and then a stream of continuous funding of $5 million per annum from the Massachusetts Renewable Energy Trust Fund.  Interestingly, the initial $4 million seed funding is to be allocated 4 ways:  $1 million will come from the Secretary of Energy and Environmental Affairs, which will be used to award grants to clean energy companies and institutions; $1 million will come from the Secretary of Energy and Environmental Affairs in consultation with the Secretary of Labor and Workforce Development, which will award grants to higher education institutions, vocational technical schools or community-based organizations that have the capacity to create workforce development programs in clean energy industry skills; $1 million will come from the same source and will be used to commission a study to investigate the workforce needs and current growth rate of the clean energy sector of the state; and $1 million will come from the same source for a “pathways out of poverty initiative,” which will award 5 competitive grants to public and private organizations to enable training programs that target low income communities.

 3.  California Green Jobs Act

 Although the California legislature has considered several bills regarding clean jobs including SB 1672^[12] and AB 2224,^[13] it has only enacted one bill thus far, the California Green Jobs Act of 2008 (AB 3018).^[14]  Governor Arnold Schwarzenegger signed the bill into law on September 26, 2008.  The law mandates that the California Workforce

Investment Board create a Green Jobs Council by April 2009 to address training needs and resource requirements necessary to foster the state’s emerging green economy.  The Council will be compromised of representatives from the Board, the primary and secondary school system, state community colleges, business, and transportation.  The Board may call on other state agencies, higher education and industry representatives, as well as philanthropic, nongovernmental and environmental groups, to serve as consultants. 

             The Council has a number of tasks.  First, it will assist in identifying and linking green collar job opportunities with workforce development training opportunities and encourage regional collaboration in local workforce investment areas to meet regional economic demands.  Second, it will create and develop public, private, philanthropic, and nongovernmental partnerships to build and expand California’s workforce development programs, network, and infrastructure.  Third, it will provide policy guidance for job training programs in the green technology sectors to assist and prepare specific populations, such as at-risk youth, displaced workers, veterans, formerly incarcerated individuals, and others facing barriers to employment.  Fourth, it will develop, collect, interpret, and distribute statewide and regional labor market data on California’s new and emerging green industries workforce needs, trends, and job growth.  Fifth, it will identify funding resources and make recommendations on how to expand and leverage funds.  Finally, the Council will foster regional collaboration in the green economic sector.  The Council is required to report on a yearly basis to the legislature on the status of its activities and the development of green workforce strategic initiatives. 

 C.        Local and Non-Profit Green Jobs Initiatives

Although the federal government has recently funded the Green Jobs Act in the recently enacted federal stimulus bill and several states have enacted green jobs legislation, most of the green jobs activity to date has occurred on the local level through the efforts of the nonprofit sector, a situation that is likely to change under the Obama administration.  There are a number of notable nonprofit groups that have led the green jobs movement, including, among others, Green For All, the Ella Baker Center, Sustainable South Bronx, Apollo Alliance and the Blue Green Alliance.  Many of these groups have a strong environmental justice focus in their mission.  Their goal is not just to create green jobs, but to ensure that the jobs that are created allow for “pathways out of poverty” for low-income, minority, and other traditionally disadvantaged groups.

1.  
   1. Green for All

One of the best known of these groups is Green For All.  Green For All is a national organization dedicated to building an inclusive green economy that lifts people out of poverty.  According to its website, the organization “believes a shift to a clean, green economy can improve the health and well-being of low-income people, who suffer disproportionately from cancer, asthma and other respiratory ailments in our current pollution-based economy.  Such a shift can also create and expand entrepreneurial, wealth-building opportunities for American workers who need new avenues of economic advance.”[15]  The organization’s founder, Van Jones, has emerged as one of the leaders of the green jobs movement.  Green For All was instrumental in securing enactment of a Green Jobs Corps in Oakland California.  This program, which was funded with $250,000 in seed money in June 2007 and is more fully explained in subsection 5 below, seeks to train low-income workers in green jobs such as solar power installation and building retrofits.

2.  Sustainable South Bronx

Sustainable South Bronx has been a leader in initiating a green jobs program on the East Coast.  Founded in 2001 by Majora Carter, Sustainable South Bronx addresses land use, energy, transportation, water and waste policy, and education to advance the environmental and economic rebirth of the South Bronx section of New York City.  Its projects include the Bronx Environmental Stewardship Training Program, a 10-week program that provides training on green roof installation and maintenance, brownfield remediation, urban forestry design and maintenance, wetland/estuary restoration, and stream bank stabilization.^[16]

3.  Apollo Alliance

The Apollo Alliance is a coalition of business, labor, environmental, and community leaders working to catalyze a clean energy revolution in America to reduce our nation’s dependence on foreign oil, cut CO₂ emissions, and expand opportunities for American businesses and workers.  Developed in the aftermath of the 9-11 attacks and inspired by the vision and technological achievements of the Apollo space program, the organization set out to convince the United States that investments in clean energy technology and sustainable infrastructure would reduce the nation’s dependence on fossil fuels and create millions of jobs in America’s emerging clean energy economy.  Apollo Alliance promotes policies and initiatives to speed investment in clean energy technology and energy efficiency, put millions of Americans to work in a new generation of well-paid, green collar jobs, and make America a global leader in clean energy products and services.  The organization has established a number of state and local offices, including several here in New York.^[17]

4.  Blue Green Alliance

Launched in 2006, the Blue Green Alliance is a strategic initiative led by the United Steelworkers and the Sierra Club.  Members of the Alliance include many traditionally “blue” (i.e., blue collar/labor) and “green” (i.e., environmental) partners.  The Blue Green Alliance focuses on climate change, clean energy, fair trade and toxics reduction.  The organization’s goals are to  heighten public awareness about the job-creating potential of climate change solutions; use existing economic development tools to expand investment in clean energy; accelerate green building, energy efficient retrofits, and related spin-off industries; create more investments in green jobs, including those related to fuel-efficient vehicles; and reform trade agreements so they include binding labor rights and environmental standards.  To achieve these goals, the Alliance has established offices in several states.  These state offices have established programs that feature a series of town hall meetings, the establishment of a Blue Green Roundtable for dialogue among environmental and labor leaders, and the release of research reports that promote investment in renewable energy and “green” chemistry, which is chemistry that strives to design products and processes that reduce or eliminate the use and generation of hazardous substances.^[18]

 

^5.  Oakland Green Jobs Corps

 One of the most comprehensive models of a green jobs initiative in action, the Oakland Green Jobs Corps is a coalition of labor unions, environmentalists, community organizations and green businesses that have come together to create green jobs in Oakland.  The Oakland Green Jobs Corps is co-convened and staffed by the Ella Baker Center for Human Rights and the International Brotherhood of Electrical Workers (IBEW Local 595).  The Corps is a complete job training pathway for Oakland residents with barriers to employment.  It provides wraparound services including case management, soft and hard work skills, and vocational training.  Participants complete the program by receiving paid internships in renewable energy and energy efficiency projects.  The Corps uses seed funding provided by the Oakland City Council and is administered by the Oakland’s Community and Economic Development Agency (CEDA).  The Oakland Apollo Alliance has conducted an inventory of green businesses in Oakland to create a categorized database of employers. Using this list, the Apollo Alliance then convened a Green Business Council that helps guide the training curriculum and provide the internship placements for Corps trainees.^[19]

 

6.  Hudson Valley Community College Workforce Development Institute

The Workforce Development Institute is an organization operated by the Hudson Valley Community College that provides participants with job and skills training in a variety of fields, including energy management and environmental sustainability.  It provides a variety of on-line and in person seminars–many of which are free–that focus on, among other things, green buildings, sustainable manufacturing, energy efficiency and renewable energy.  The Institute is supported financially by the Building Performance Institute, the New York State Builders Association, and NYSERDA.[20]

7.  Bronx Community College Center for Sustainable Energy

The mission of the Center for Sustainable Energy at the Bronx Community College is to promote the use of renewable and efficient energy technologies in urban communities through education, training, workforce development, research, and project facilitation.  The Center supports clean energy development and energy conservation as the means to protect the environment, enhance public health, and position New York City to capture emerging economic development opportunities in the clean energy sector.[21]

The Center serves as a clearinghouse of information on energy conservation, energy policy, and renewable energy by developing and offering public education programs that increase public awareness of these issues.  The Center also works with private industry, government and educational institutions to increase the use of sustainable energy.  Notably, it offers college classes for energy service technicians and alternative fuel vehicle technicians. The Center also provides professional development workshops for middle and high school science teachers in curricula related to solar, wind, and hydrogen energy technologies.

 III.       Why New York Needs a Green Jobs Act Now

 President Obama has committed his administration to create, among other things, 2.5 million new jobs, many of which will likely be “green jobs.”  To this end, the recently enacted American Renewal and Recovery Act contains billions of dollars in funding for “shovel ready” projects focused on energy efficiency and renewable energy, as well as billions of dollars for weatherizing buildings and fostering renewable energy projects.[22]  The Act also includes $500 million in grants to states under the Federal Workforce Investment Act for adult employment and training activities, including supportive services and needs-related payments.[23]  A priority use of these funds will be for services to “priority individuals” who are defined as “recipients of public assistance and other low-income individuals for intensive services and training services.”[24]  This money appears to be subject to certain requirements.  To receive these funds, a recipient state must have a “one-stop delivery system” which,  among other things, can implement training programs, cull accurate labor-market data and evaluate the effectiveness of the training programs.[25]  New York’s current Workforce Investment Board (SWIB) as it is currently constituted is ill-equipped to carry out these tasks because, among other things, it meets only intermittently and has no permanent staff.  A state green jobs law could restructure and reinvigorate the SWIB so that it meets these requirements under the federal stimulus program. 

The net effect of the stimulus package will likely be an increased demand for workers in the clean energy sector.  Thus, once the federal stimulus funds become available to New York, it must be able to quickly and efficiently disseminate the monies throughout the state to fund appropriate programs and initiatives.  To be able to do this effectively, New York should implement its own green jobs legislation now to create an appropriate mechanism to do this.  In the event that New York does not receive funds for worker training from the stimulus package, New York still needs to pass its own green jobs legislation to provide this education and training and to stimulate its lagging economy for several reasons.

First and foremost, by not developing the infrastructure and institutional framework for green jobs training and education now, New York will either have to move very quickly to meet the necessary pre-conditions for receiving any federal money, or worse, it will be unprepared for the challenge of identifying needs and how best to appropriate the federal funding from the economic stimulus bill.  Thus, New York should demonstrate its leadership in this area by setting the stage to attract potential federal funding for a well-established and highly effective green workforce development initiative.  By failing to create a coordinated and centralized approach to green jobs, New York may risk missing out on green jobs funding in the federal stimulus bill, or risks failing to build upon the numerous successful training and educational programs throughout the state.  Relying on an inefficient patchwork system of green workforce development will only exacerbate the widening gap between job readiness and job creation.  Further, by not systematizing current and future green workforce data analysis, the state’s spending of federal funding on infrastructure and workforce development is at best a gamble.

Second, urgent action on green jobs legislation can set the stage for an economic resurgence.  With the prospect of increasing unemployment and a predicted budget shortfall of at least $1.5 billion in 2009, there is a tremendous need for initiatives that stimulate the economy.  Fortunately, state policy makers understand the inter-relationship between workforce development, clean technology and a green economy.  According to New York’s Renewable Energy Task Force, a qualified and skilled workforce will be a key factor in attracting clean tech companies to the state and building viable markets for renewable energy and energy efficiency technologies.^[26]  A newly trained workforce

will be especially important in economically depressed regions of the state, like upstate New York, which once was a bustling manufacturing center.  While these manufacturing jobs have largely left New York, many workers with relevant skills remain.  Green jobs legislation would assist these workers in developing new skills by harnessing the skills they already have, and by training newer workers in acquiring skills, thus empowering a new generation of workers to become the backbone of New York’s economy.  These skilled workers will attract clean energy companies to build factories in the state, creating jobs.  For example, in neighboring Pennsylvania, the state’s skilled workforce attracted German and Taiwanese companies that manufacture solar equipment and a Spanish company that manufactures wind turbines.^[27]  Numerous studies have confirmed that jobs in the “green economy” are qualitatively superior to “gray economy” jobs in terms of pay, benefits and a more progressive career ladder.^[28]  

Third, the cost of doing nothing could put New York at a competitive disadvantage when compared to other states.  As previously discussed, several states have enacted their own green jobs legislation.  For example, Massachusetts has enacted green jobs legislation which will create a demand for skilled labor to fill these positions, and Vermont has introduced such legislation.[29]  In addition, New Jersey and Pennsylvania have both established green jobs programs through their executive branches.[30]  Failing to enact green jobs legislation could lead New Yorkers with these job skills to leave the state and seek employment elsewhere.  This could lead to a decreasingly competitive workforce, a diminishing income tax base, the exodus of small business and the capital that they attract, and the loss of potential new businesses.

Fourth, adopting and implementing green jobs legislation follows closely on the heels of several important state and regional initiatives.  New York is a member of the Regional Greenhouse Gas Initiative (RGGI), which requires all power producers in the state generating over 25 megawatts to first cap their GHG emissions and then gradually reduce them.  New York has also adopted an energy efficiency portfolio standard that calls for a 15% reduction in statewide energy usage from forecasted levels by 2015 as well as a renewable energy portfolio standard that calls for 25% of the state’s electricity to be supplied from renewable energy sources by 2013.  New York has also enacted a number of laws and policies regarding renewable energy and energy efficiency in buildings.  For example, it has enacted an expansion of its net metering law and a statewide energy conservation construction code that requires new residential and commercial buildings to meet increasingly stringent energy efficiency standards.  In addition, New York recently enacted a four-year property tax abatement to encourage the construction and installation of solar generating systems for residential, condominiums/cooperative apartments and commercial properties in New York City, as well as a law providing tax breaks for the construction of green roofs in New York City.  Green jobs legislation would ensure that the goals of these initiatives and laws are met by training the workers required to perform the work that needs to be done to meet these energy standards and comply with the newly-enacted laws.

Finally, New York is increasing its investments in renewable energy and clean technologies through the State Comptroller’s Green Strategic Investment Program, which commits $500 million over the next three years for the New York State Common Retirement Fund to invest in environmentally-focused investment strategies, particularly in renewable energy and clean technologies.  Green jobs legislation will ensure that there will be workers who understand and can utilize these technologies.

 IV.       What A Green Jobs Bill Might Look Like 

Unlike Washington, Massachusetts and California, New York does not currently have its own green jobs legislation.  To ensure that the state remains at the cutting edge of clean energy initiatives, the state should enact legislation that provides for a statewide comprehensive strategy to train its workforce for green jobs.  The legislation would harness New York’s public and private resources to create, in a coordinated and systematic fashion, job training and education programs in the green economy sector.  As previously discussed, local green jobs training programs such as those championed by Sustainable South Bronx are extremely valuable to their local communities and are models for other regions of the state.  Statewide legislation would not seek to preempt these local initiatives but would build on their success and expertise and enable other regions of the state to develop their own local programs.

To ensure that all regions of New York benefit from the best information and practices available in creating their own green jobs training programs, we believe that the state should establish a body that is a “one-stop point of contact” with the in-depth knowledge and expertise to assist and encourage regional and local efforts.  In addition, we believe that it is important to work within New York’s current policy framework and not add an additional layer of bureaucracy.  Thus, we believe that the SWIB should be given the task of implementing the state’s green job policy because it is the most logical entity to design and oversee a statewide green jobs policy for the following two reasons:  first, the SWIB is already charged with overseeing programs and policies concerning state workforce development, and second, the federal stimulus package contains increased funding for the federal Green Jobs Act of 2007 to train and develop a workforce in the clean energy sector.  The federal Green Jobs Act provides that monies will be granted to those states which are able to train workers for jobs in renewable energy and energy efficiency.  Thus, the SWIB is the most logical entity to lead statewide green jobs workforce development policy.

Our legislative proposal creates a subcommittee within the SWIB that will coordinate the state’s efforts to develop and train a green workforce.  In carrying out these activities, the subcommittee is required to work with a number of public and private entities, including the Department of Labor, Department of Education, the New York State Energy Research and Development Authority (NYSERDA), the Public Service Commission, representatives of labor and environmental justice organizations, industry and employers, and representatives from state educational institutions, including K-12, community colleges and universities.  To carry out these activities, our legislative proposal calls for adequate funding to permanently staff New York’s SWIB.   

This legislative proposal creates three distinct duties for the subcommittee:  a green labor market and industry analysis and, based on the results of this analysis, the development of green job training and educational programs.  The green labor market and industry analysis would identify where opportunities exist in terms of current and future job opportunities and workforce preparation.  For example, the market analysis might reveal that an education program is needed in a specific region to prepare students for jobs in a growing clean tech industry in that region.  Based on the results of the market analysis, the subcommittee would work with all appropriate state, regional and local agencies and organizations to coordinate the best strategy to promote green jobs training and education within that industry.

Based on the results of the market analysis, the subcommittee would work with relevant public and private stakeholders to develop job training and education programs that match the needs of New York’s growing green economy.   In developing these strategic initiatives, it will be critical for the subcommittee to coordinate and link education and job training programs to ensure smooth career pathways.

One of the crucial underpinnings of our legislative proposal is to ensure that job training and education programs include people who need them most and create “pathways out of poverty” for New York State residents.  Thus, the legislative proposal defines certain fundamental criteria such as giving priority and an entry point to low-income communities, at-risk youth, formerly incarcerated individuals, workers affected by declining industries and industries in transition into the green economy and other under-served sectors of the workforce.  Another important feature of these job training and education programs is to involve the private sector in determining relevant skills, ensuring that appropriate curriculum is developed and that certificates and credentials are recognized by potential employers. 

 Although this legislative proposal provides for basic criteria, it does not impose uniform statewide programs to various regions and communities of the state.  To implement this statewide strategy, the subcommittee would work with regional and local entities to create local Green Jobs Corps.  These local Corps would comprise a multi-stakeholder task force, with representatives from the community, government, education, labor and business groups.  With intimate knowledge of their communities, local Corps would be well positioned to decide what programs can best fit their needs. 

To fund this statewide green workforce development initiative, the subcommittee would be required to explore all possible financing mechanisms, including workforce investment funds, state bonding, auction revenues from RGGI, grants, as well as available money from foundations and corporations.  It is clear that the economic crisis and budget shortfall hitting New York might engender some skepticism about legislation that needs funding.  However, we believe that such an investment in New York’s workforce would be a wise decision, given the state’s and the nation’s economic, energy, and climate change challenges.

Finally, the legislative proposal requires that the SWIB prepare a periodic analysis of this industry and workforce data, as well as an annual report that would include summaries of new job training and education programs and funding sources, existing programs that have incorporated green jobs skills into their curriculum, new partnerships, new local green jobs initiatives, job placement and retention data and recommendations to improve programs.  This annual report would include a progress report on implementation of recommendations from prior reporting cycles.

The authors are environmental lawyers and recent graduates of the New York City Environmental Law Leadership Institute (NYCELLI).  As part of their coursework, they have drafted a state green jobs bill which they hope to have considered by the New York State Legislature during the 2009 legislative session.  A copy of their legislation is available at http://lawyers4greenjobs.wordpress.com. 

 

 

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^[1] Van Jones, The Green Collar Economy: How One Solution Can Fix Our Two Biggest Problems (HarperOne 2008).

^[2]  Energy Independence and Security Act of 2007 (EISA), Pub. L. No. 110-140, 121 Stat. 1492 (2007).  The text of this Act is available at http://thomas.loc.gov/cgi-bin/bdquery/z?d110:h.r.00006:. 

^[3]  Green Jobs Act of 2007 (HR 2807), EISA Tit. 10.  The text of this Act is available at http://www.govtrack.us/congress/billtext.xpd?bill=h110-2847.

^[4]  EISA § 1002; 29 U.S.C. § 2916(e)(2)(A).

^[5]  EISA § 1002; 29 U.S.C. § 2916(e)(2)(B).

^[6]  An explanation of the Wagner Peyser Act is available at http://www.doleta.gov/Programs/Wagner_Peyser.cfm.

^[7]  EISA § 1002; 29 U.S.C. §§ 2916(e)(2)(C)-(D).

^[8]  See “House Committee on Appropriations”  press release (June 19, 2008), available at http://appropriations.house.gov/pdf/ObeySubMarkup06-19-08.pdf.

^[9]  L. 2008, ch. 14.  The text of this Act is available at http://apps.leg.wa.gov/billinfo/summary.aspx?bill=2815&year=2007.

[10] Additional information about the implementation of this Act is available at http://www.ecy.wa.gov/climatechange/GreenEconomy.htm.

^[11]  L. 2008, ch. 307.  The text of this Act is available at http://www.mass.gov/legis/laws/seslaw08/sl080307.htm.

^[12]  This bill, subject to voter approval in 2010, would enact the Renewable Energy, Climate Change, Career Technical Education, and Clean Technology Job Creation Bond Act to authorize the issuance and sale of $2.25 billion in bonds to provide them with the skills and knowledge necessary for careers directly related to clean technology, renewable energy, or energy efficiency.  Currently, the bill has not been voted out of the State Assembly Appropriations Committee.

^[13]  This bill would require the Labor and Workforce Development Agency to create the California Clean Energy Curriculum and Training Initiative of 2008 to establish standardized curriculum for use at schools and provide outreach, assistance, and guidance to schools on creating clean energy training programs.  Currently, the bill has not been voted out of the State Senate Appropriations Committee.

^[14]  L. 2008, ch. 312.  The text of this Act is available at http://www.leginfo.ca.gov/pub/07-08/bill/asm/ ab_3001-3050/ab_3018_bill_20080926_chaptered.pdf.

[15] Additional information about Green For All is available at http://www.greenforall.org.

^[16]  Additional information about Sustainable South Bronx is available at http://www.ssbx.org/mission.html#.

^[17]  Additional information about Apollo Alliance is available at http://apolloalliance.org.

^[18]  Additional information about the Blue Green Alliance is available at http://www.bluegreenalliance.org.

^[19]  Additional information about Oakland’s Green Jobs Corps is available at http://www.ellabakercenter.org/downloads/rtf/oakland_green_jobs_corps_summary.pdf.

[20]  Additional information about the Workforce Development Institute is available at https://www.hvcc.edu/wdi/index.html.

^[21]  Additional information about the Bronx Community College Center for Sustainable Energy is available at http://www.bcc.cuny.edu/institutionalDevelopment/cse.

[22] A copy of the American Renewable and Recovery Act is available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h1enr.pdf.

[23] The legislation cites §§ 134(e)(2) and (3) of the Workforce Investment Act.

[24] This language is included in the Workforce Investment Act (WIA), which was amended by the federal Green Jobs Act.  See WIA § 134(d)(4)(E).

[25] WIA §§ 134(c)(1)(A) and (d)(2)

^[26] See “Clean, Secure Energy and Economic Growth: A Commitment to Renewable Energy and Enhanced Energy Independence,” at 25-26 (February 2008).

^[27] Steven Greenhouse, “Millions of Jobs of a Different Collar,” New York Times (March 26, 2008).

^[28] According to a September 2008 report from the University of Massachusetts’ Political Economy Research Institute, as of June 2008, 500,000 Americans lost their jobs in 2008 due to the economic crisis (this number is undoubtedly higher and will likely continue to grow in 2009).  The report indicates that the economic situation could drastically improve if the federal government provided substantial investments in clean technologies and notes that an investment of $100 billion over two years in energy efficiency and renewable energy strategies would create 2 million well-paying new jobs, particularly in the construction and manufacturing sectors.  According to the report, an investment of $7.1 billion in New York over two years would create over 130,000 new jobs, reducing statewide unemployment from 5.2% (as of June 2008) to 3.9%. While some of these jobs will be in new specialized fields, such as installing solar panels and researching new clean technologies, most of these green jobs are in sectors of employment that already exist such as building maintenance workers, engineers, roofers, electricians, insulation workers, iron and steel workers, and sheet metal workers.

[29]  S. 331 relating to workforce development for green industries was introduced in the Vermont State Senate during the 2007-08 legislative session. 

[30]  New Jersey has developed a statewide green jobs policy through its 10-year Energy Master Plan (“EMP”).  The EMP calls for $33 billion to be spent on the New Jersey energy infrastructure, which is predicted to create 20,000 jobs by 2020.  In 2004, Governor Rendell reorganized the membership of the Pennsylvania WIB and restated its mission to meet employers’ needs for skilled workers and workers’ needs for career and economic advancement and to provide policy guidance and direction, evaluating performance and recommending continuous improvements.