Proposed Green Jobs Legislation

 

 

 

New York State Green Workforce Development and Education Act

 

PURPOSE OF ACT

            The Legislature declares a statewide policy to encourage synergy between workforce development and environmental sustainability to promote a “green” economy that values nature and people.  The Legislature further declares that this policy should stimulate New York’s green economy by training workers for jobs that promote environmental sustainability and provide superior wages, benefits and a progressive career ladder.

 

 

TITLE I -FINDINGS AND DECLARATIONS

The Legislature declares as follows:

 

            The State of New York (“New York”) has a well-established history of being a national leader in environmental protection, resource conservation, mass transit, energy efficiency, renewable energy and climate change;

 

            New York has demonstrated its leadership in this area by becoming a founding member of the Regional Greenhouse Gas Initiative; adopting an energy efficiency portfolio standard that calls for a 15 percent reduction in statewide energy usage from forecast levels by 2015; adopting a renewable energy portfolio standard that calls for 25 percent of the State’s electricity to be supplied from renewable energy sources by 2013; and enacting a four-year property tax abatement for the construction and installation of solar generating systems for residential, condominiums/cooperative apartments and commercial properties in New York City;  

 

          New York has adopted progressive green building policies and laws, such as a Green Building Tax Credit program and a statewide energy conservation construction code that requires new residential and commercial buildings to meet increasingly stringent energy efficiency standards;

 

            New York has a well-established history of strong partnerships between its communities, energy utilities and regulators, as evidenced by the creation of the New York State Energy Research Development Authority (“NYSERDA”) in 1996;

 

            New York has a large, diverse and highly organized workforce, as well as superior training and educational facilities; 

            According to the New York State Department of Labor, the unemployment rate in New York is rising steadily; as of December 2008, the state unemployment rate is 7.0%, the highest level since June 1994;

 

            This increase in the unemployment rate is a trend nationwide as the entire country is in the midst of the most severe economic recession since the Great Depression.  According to the United States Department of Labor, since December 2007, 3.6 million Americans have lost their jobs and the unemployment rate has increased to 7.6 percent;

 

            In February 2009, Congress enacted the $787 billion American Recovery and Reinvestment Act which provides $115.85 billion in clean energy and green jobs investments.  This stimulus package includes $36.51 billion to improve energy efficiency over the next two years, $17.7 billion to modernize and expand the transit systems, including the construction of high-speed rail networks and new light rail systems, 7.9 billion to scale up renewable energy development, $11 billion to modernize and expand the electric grid, and $29.14 billion on roads and bridges.  The measure includes $500 million for green-collar job training.

 

            According to a recent report from the University of Massachusetts’ Political Economy Research Institute (sponsored by the Center for American Progress-“Green Recovery-A Program to Create Good Jobs and Start Building a Low Carbon Economy”) an investment of $100 billion over two years in energy efficiency and renewable energy strategies would create 2 million quality new jobs, particularly in the construction and manufacturing sectors;

 

            According to this report, an investment in New York of $7.1 billion over two years would create over 130,000 new jobs, reducing unemployment as of June 2008 from 5.2% 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;

 

            According to this report, investments in green jobs generate not only good paying jobs but also a high proportion of lower, entry-level jobs that offer career ladders to better paying jobs;

            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;   

 

            According to New York’s Renewable Energy Task Force (the “Task Force”), renewable energy research, development, and installation are emerging job growth sectors and there is a need to develop a strong well-trained clean energy workforce which can design, manufacture, install and maintain renewable energy and energy efficiency systems in New York;

 

             According to the Task Force, a qualified and skilled workforce will be a key factor in attracting clean tech companies in New York State and building strong markets for renewable energy and energy efficiency technologies;  

 

            New York recognizes that education and job training in clean technology and renewable energy can offer an inspiring focus for adults and youth, as well as substantial economic, social and environmental benefits;

 

            New York should increase its investment in its community colleges and vocational training programs that specialize in environmental resource and energy management;
 

            New York should strive to spur workforce development in clean technology sectors and broaden opportunities for careers in the new clean energy economy;

 

            New York should provide environmentally sustainable pathways out of poverty for low-income and traditionally disadvantaged communities by providing targeted funding for recruitment, job readiness and job training within these communities;

 

            New York recognizes that the so-called green economy will evolve over time and include numerous activities; therefore, the “Green Economy” shall refer broadly, but not be limited, to the following industries and/or activities: clean technology, resource and energy conservation, brownfield remediation, energy efficiency, renewable energy, environmentally sustainable manufacturing and services, and the development of environmentally sustainable products and processes.

 

 

            NOW THEREFORE, it is the intent of this Act to accomplish the following goals:

 

     1)  Train, educate and prepare the State’s workforce for careers in the growing Green Economy;

 

     2)  To empower the Workforce Investment Board to coordinate a statewide partnership of public and private organizations to build and expand New York’s workforce development programs, network and infrastructure; 

 

     3)  Coordinate and position education, job training and emerging businesses in the Green Economy to take advantage of the Federal funds in environmentally sustainable industries;
  
     4)  Create environmentally sustainable pathways out of poverty for low-income and under-served communities which focus on recruitment, work readiness and job training; and

 

     5)  Promote green workforce development initiatives at the local and regional level.

 

 

 

TITLE II:     ESTABLISHMENT OF WORKFORCE INVESTMENT BOARD

GREEN JOBS SUBCOMMITTEE

 

    1)    Within six months from the date this Act becomes effective, the State Workforce Investment Board (“SWIB”) shall establish a green jobs subcommittee (“Subcommittee”) consisting of members of SWIB to coordinate the State’s efforts to develop and train a workforce in the Green Economy.

    2)    The Subcommittee shall work with the following public and private stakeholders in developing and in carrying out its tasks under this Act, including but not limited to the following:

        The Department of Labor; the New York State Energy Research and Development Authority (NYSERDA); the Workforce Development Institute; the Department of Education; the Public Service Commission; the Empire State Development Corporation; Downstate Empire State Development Corporation; Upstate Empire State Development Corporation; the Department of Correctional Services; the Office of Children and Family Services’ Native American Services; the Department of Environmental Conservation; the Department of Agriculture and Markets; the Department of Transportation; the Department of Housing; the New York Power Authority; the Office of General Services; the Office of Temporary and Disability Assistance; the Environmental Facilities Corporation; NY Power Authority; NYS Department of Public Service;  NYS Farm Bureau; representatives from the environmental justice community; representatives from labor organizations; representatives from organizations whose primary mission is committed to job training activities; representatives from K-12 educational institutions, secondary educational institutions, trade schools, and the New York State and Regional Boards of Cooperative Education Services (“BOCES”); representatives from the private sector, small business, industries and trade associations; the New York chapter of the U.S. Green Building Council; non-profit, non-governmental and community-based organizations which focus on labor, environmental issues, energy efficiency, renewable energy, clean technologies, and alternative fuels; Native American tribes; organizations dealing with adults and youth with special needs, and physical and learning disabilities; local governments and municipalities; worker investment agency one-stop career centers; and local veterans agencies and veterans service organizations.

    3)  To carry out the tasks under this Act, the Subcommittee shall be provided with adequate funding from appropriate federal, state and private resources. 

 

    4)  To carry out the tasks under this Act, the Subcommittee shall hire sufficient permanent staff and be provided adequate facilities.  
   

 

 

TITLE III.      TASKS OF THE STATE WORKFORCE INVESTMENT BOARD
GREEN JOBS SUBCOMMITTEE

A.         LABOR MARKET/INDUSTRY DATA ANALYSIS

    1)    The Subcommittee shall be responsible for collecting, developing and analyzing statewide and regional labor market and industry data.

 

    2)    In carrying out its tasks, the Subcommittee shall consult with all relevant public and private stakeholders, as listed in Title II.2.   

 

    3)    As soon as practicable, the Subcommittee shall begin providing a periodic analysis which includes industry and workforce data, and identifies existing and emerging businesses in the Green Economy and workforce skills needed to match existing and/or growing demand. In addition, the Subcommittee shall provide this information in an annual report as provided in Title V of this Act.  

 

    4)  For purposes of collecting industry data, the Subcommittee shall focus on the following sectors, which include but are not limited to the following:

 

a)    Energy-efficient building, construction and retrofit industries and other industries with an expertise in green building techniques;

b)    Energy-efficiency assessment industries serving the residential, commercial and industrial sectors;

c)    Renewable electric power industries;

d)    Biofuels industries; 

e)    Deconstruction, materials reuse and recycling industries;

 

f)     Brownfield remediation;

 g)    Component manufacturers that make parts for renewable energy, biofuels, or energy efficient systems; manufacturers that produce sustainable products using environmentally sustainable processes and materials;

h)   Public transportation (operations and maintenance); and

 

i)  “Industries-in-transition” covering sectors that are adopting cleaner technologies and processes.

     5)   The Subcommittee’s analysis shall identify job opportunities in the Green Economy and determine the potential for each industry sector to create new jobs in New York State, taking into account the availability of existing housing and public transportation near these job sites;

 

     6)    With respect to workforce data, the Subcommittee’s analysis shall conduct an inventory of existing:

 

a)    Job training programs related to clean technology, renewable energy, and energy efficiency technologies;

 

b)    Educational programs related to clean technology, renewable energy and energy efficiency technologies at public and private colleges and universities and K-12 institutions throughout the State; and

 

c)    Referral, career counseling, case management services which link job seekers to job openings and training programs related to clean technology, renewable energy and energy efficiency;
 

    7)    The Subcommittee’s analysis shall: 

 

a)    Determine the extent to which existing training and educational programs prepare the workforce for the needs of the clean tech industry; in so doing, the subcommittee shall identify gaps in relevant skills and competencies to better match industry demand and define types of training and educational programs necessary to fill those gaps;

b)    Address the current barriers and opportunities for the participation of targeted populations defined in Title III.B.(4)(c); and to promote job training and education programs.

c)    Include recommendations for action 

 

B.        JOB TRAINING PROGRAMS

    1)   Based on the results of the labor market/industry data analysis in Title III.A., the Subcommittee shall develop strategies for job training programs that match the needs of the State’s growing Green Economy.

 

    2)    In carrying out its tasks, the Subcommittee shall work with all relevant public and private stakeholders, as listed in Title II.2.

 

     3)    The Subcommittee shall expand on existing job training programs, such as NYSERDA programs for installer certification regarding maintenance and operation of large-scale renewables and additional small scale renewable technologies such as wind, solar thermal, biomass and anaerobic digestion systems;

 

    4)    The Subcommittee shall develop new programs needed to fill relevant skills gaps.  In developing these programs, the following criteria must be met:

    
a)    Involve employers and labor organizations in determining relevant skills and competencies, as well as ensure that the certificates or credentials resulting from the training programs are employer-recognized;  

b)   Coordinate job training programs with existing workforce and economic development strategies, such as labor management training programs, union and non-union apprenticeship programs, to retool workers in declining industries;

c)   Give priority and provide an entry-point to targeted populations, including but not limited to the following:

 

i.    Individuals seeking pathways out of poverty and into economic self-sufficiency such as at-risk youth, high school dropouts, low-income workers, unemployed youth and adults or other underserved sectors of the workforce in areas of high poverty;

                       ii.    Veterans or past and present members of reserve components of the Armed Forces;

                       iii.    Native Americans;

                       iv.    People with physical and/or learning disabilities;

                       v.    Formerly incarcerated, adjudicated, non-violent offenders;

                      vi.    Workers affected by declining industries and national and State energy and environmental policies; and

                      vii.    Disabled veteran business enterprises, minority-owned and women-owned businesses;

d)    Require that programs be offered at alternative times — including evening and weekend programs — and be located in convenient and accessible locations for participants, particularly the targeted populations set forth in Title III.B.(4).(c); 

 

e)    Link trainees to relevant employers and job opportunities; and

 

f)    To the maximum extent feasible, leverage a mix of public and private funding, including cash or in-kind matches from participating employers with the goal that apprentice training tuition is partially or fully subsidized and that apprentices receive a wage and benefit package.  

 

    5)    To execute its tasks under Title III.B, the Subcommittee shall ensure that it coordinates its efforts with its tasks under Title III.C. to build linkages between education and job training programs and ensure smooth career pathways.

 

C.        EDUCATION PROGRAMS

    1)   Based on the results of the labor market/industry data analysis in Title III.A., the Subcommittee shall develop educational programs and curricula that prepare students for future careers in the Green Economy.

 

    2)    In carrying out its duties under this section, the Subcommittee shall work with all relevant public and private stakeholders, as listed in Title II.2.

 

    3)    With respect to higher education, the Subcommittee shall expand and build on the successes of existing education programs at colleges and universities, such as SUNY Delhi, SUNY Farmingdale, Hudson Valley Community College, and Bronx Community College; to fill the gaps identified in the workforce data analysis, the subcommittee shall develop new training programs, curricula, support services and career guidance/mentoring programs in the Green Economy;  

    4)    With respect to K-12 education, the Subcommittee shall develop K-12 curriculum, education programs, after school programs and career technical education programs which integrate academic and technical learning to prepare students for both college and careers; these programs should raise awareness and promote understanding of renewable energy and energy efficiency principles and technologies; these programs should incorporate concepts of climate change, green technologies, environmental sustainability, smart growth and emphasize a hands-on approach through school demonstration projects;

 

    5)    In developing these programs, the Subcommittee will ensure that the following criteria are met:

 

 

a)    Assist students in acquiring the skills and knowledge that are relevant to future careers directly related to the Green Economy;

 

b)   Involve employers and labor organizations in determining relevant skills and competencies, as well as ensure that the certificates or credentials resulting from the training programs are employer-recognized;

 

c)   To the maximum extent feasible, coordinate with existing programs to integrate green concepts into existing curricula;

 

d)   Align curricula with State-approved education standards;

 

e)   Give priority to low-income and at-risk youth and ensure availability of these programs in underserved areas of the State;   

 

f)    Coordinate with union and non-union apprenticeship programs; and

 

g)   Leverage a mix of public and private funding, including cash or in-kind matches.

     

    6)    To execute its tasks under Title III.C, the Subcommittee shall ensure that it coordinates its efforts under Title III.B. to build linkages between education and job training programs and ensure smooth career pathways. 

 

D.         LOCAL GREEN JOBS CORPS

    1)    To carry out the objectives of this Act, the Subcommittee will work with local and regional governments to facilitate the creation of local Green Jobs Corps in municipalities throughout New York State;

    2)    Green Jobs Corps will work with the local community, other established local green jobs programs and initiatives, and take all necessary steps to develop green careers paths, including but not limited to, job readiness, skills education and career counseling;

 

    3)    To the maximum extent feasible, each local Green Jobs Corps shall be established as a multi-stakeholder task force and include key stakeholders such as representatives from the community, local government, residents, environmental, education, business and labor groups; and

    4)    The Subcommittee shall assist local Green Jobs Corps as needed.

 

 

TITLE IV-FUNDING MECHANISMS

            To implement the tasks of this Act, the Subcommittee shall explore all public and private funding mechanisms; such financing mechanisms shall include but not be limited to the following:
    
    1)   Any and all funds available through the American Recovery and Reinvestment Act;

    2)    Any or all funds available through the Energy Efficiency or Renewable Energy Portfolio Standards;   

 

    3)    State and federal workforce and economic development funds, including but not limited to NYSERDA;  

 

    4)    Private sector training investments;

 

    5)    State bonding initiatives;

 

    6)    Auction revenues from State and federal cap-and-trade programs;

    7)    Grants;

 

    8)    Public pension fund investments;

    9)    Savings from investments in energy efficiency retrofits;

    10)    Investment/production tax credits and other tax abatement incentives; and

    11)    Foundations and corporations.

 

TITLE V-REPORTING REQUIREMENTS

 

    1)    Based on its periodic reports, as set forth in Title III.A, the Subcommittee shall prepare an annual report on green labor market outcomes and workforce trends, which shall be submitted to the Governor and the Legislature.  All subsequent annual reports shall be due one year from the submission of the prior report or as soon as practicable thereafter. 

    2)    The report shall include, but not be limited to, the following information: 

a)     Up-to-date labor market and industry data analysis, including demographics of trainees and students and significant barriers to training, education and employment such as limited language skills, criminal record, addiction or mental health issues;

b)     A summary of new job training programs and funding sources supporting these programs, including the number of applicants to a program, number of participants enrolled, and completion rates;

c)     A summary of new education programs and funding sources supporting these programs, including the number of applicants to a program, number of participants enrolled, and graduation rates;

 

d)    A summary of existing programs that have incorporated green jobs skills into their curriculum;

 

e)    A summary of partnerships that have created linkages between education and job training programs;

f)     A summary of new local green jobs initiatives;
 

g)     The rate of job placement and employment retention after one year;

h)     The average wage at placement, including benefits and rate of average wage increase after 1 year;

 

i)     Recommendations to implement new job training and education programs, and to increase job placement and retention; and

 

j)     Progress on implementation of recommendations from prior reporting cycles.
  

 3)  The report shall make narrowly tailored recommendations based upon the aforementioned data and findings, including specific and targeted requirements for actions to be completed within pre-determined timeframes.