Section 3

Act 49 of 1993, § 3, under PENNSYLVANIA CONSERVATION CORPS ACT - OMNIBUS AMENDMENTS.

Act 49 of 1993, § 3

Section 3. Sections 4 and 5 of the act, amended July 1, 1989 (P.L.119, No.25), are amended to read:

Section 4. Duties of the secretary.

The secretary shall:

(1) [Employ] Enroll eligible participants pursuant to

section 6 [in work experience projects].

(2) Employ crewleaders pursuant to section 8.

(3) Appoint a director who shall act as the

administrative officer of the corps. The director shall

employ staff necessary to implement the provisions of this

act.

(4) Develop or review proposed work experience projects

submitted to the department by State and local agencies and

approve projects that meet the requirements of this act.

State agencies eligible to submit work experience projects

shall be limited to the Fish Commission, Game Commission,

Historical and Museum Commission [and], Department of

Environmental Resources[.], Department of Labor and Industry,

Department of Public Welfare, Department of Corrections,

Department of Military Affairs, Department of Aging,

Department of Education, Department of Community Affairs and

Pennsylvania Emergency Management Agency. The secretary shall

insure that work experience projects involve labor intensive

improvement activities on public lands or facilities that

will result in a future public value [and] or have a

potential for future revenue yield.

(5) Authorize utilization of the corps for approved work

experience projects in urban, suburban and rural areas as

necessary to carry out the provisions of this act.

(6) Execute [employment] contracts with State and local

agencies containing any terms and conditions deemed necessary

and desirable for the [employment] enrollment of corpsmembers

in approved work experience projects; and in the case of job

search skills, job application skills and ability

assessments, execute contracts or cooperative agreements with

Federal, State or local agencies, persons, firms,

partnerships, associations or corporations for the provisions

of these services.

(7) Authorize utilization of the corps for emergency

projects within or outside this Commonwealth which shall

include, but not be limited to, natural disasters, fire

prevention and suppression and rescue of lost or injured

persons. Corpsmember participation in emergency projects

shall be voluntary. Corpsmembers shall receive adequate

training prior to participating in an emergency project.

(8) Apply for and accept grants or contributions of

funds from any public or private source, including the

acceptance of Federal funds appropriated by the General

Assembly. Such funds shall include Federal funds which may be

provided under the National and Community Service Act of 1990

(Public Law 101-610, 104 Stat. 3127).

(9) Purchase, rent or otherwise acquire or obtain

personal property, supplies, instruments, tools, equipment or

conveniences necessary to complete work experience projects

or provide corpsmember training.

(10) Develop program guidelines or regulations as it

deems necessary to fairly and effectively administer this

act.

(11) Authorize the exchange of corpsmembers and

crewleaders with other established conservation corps/service

programs in order to foster a spirit of understanding and to

advance the goals of volunteerism and service. Participation

in exchange projects shall be voluntary.

(12) Execute contracts for [employment] enrollment of

corpsmembers in cities of the first class for projects

designed to repel or remove graffiti or other institutional

vandalism. The secretary may contract directly with not-for-

profit agencies and organizations which shall be eligible for

funding provided pursuant to section 12.1.

Section 5. Work experience projects.

(a) Purpose.--

(1) The secretary shall ensure that each work experience

project established pursuant to the authority granted in

section 4 shall provide corpsmembers with educational

opportunities and job training skills, which may include

general educational development, literacy training, adult

basic education, job search skills and job application

skills, and with work experience related to the conservation,

improvement or development of natural resources or the

enhancement, preservation and maintenance of public lands,

water or facilities.

(2) Projects developed may include fee-for-service

projects with other State and local agencies and community-

based nonprofit agencies which are qualified under section

501(c)(3) of the Internal Revenue Code of 1986 (Public Law

99-514, 26 U.S.C. § 501(c)(3)). Fees for service will be

retained by the department for use in the corps program. Fee-

for-service projects may not be entered into with for-profit

agencies nor may any fee-for-service project displace any

other workers.

(3) The secretary may also develop State and local human

service projects which combine both conservation work and

human services, especially those projects and activities

which promote the social well-being or economic self-

sufficiency of the elderly, persons with physical or

developmental disabilities, children or other persons with

low incomes. The secretary shall give preference to those

human service projects that involve intergenerational

activities between corpsmembers and older persons in projects

that are in other ways consistent with this act.

(4) The secretary is also authorized to develop and

carry out signature projects involving more than one crew and

designed to have a high impact. These projects shall be

short-term and may involve working with community-based,

nonprofit organizations which are qualified under section

501(c)(3) of the Internal Revenue Code of 1986.

(5) Job training may be provided directly by the agency

administering the work experience project or by other

agencies as provided in subsection (d).

(b) Project criteria.--Work experience projects shall be undertaken in urban, suburban and rural areas and shall be selected on the basis of the environmental and natural resource benefits each offers, the opportunities for public use each offers, the educational opportunities and the on-the-job training value of each, the future public value of the completed project [and], the estimated additional revenue to be generated for the Commonwealth or its subdivisions from the completion of each project[.] and the savings in other public expenditures that are provided by virtue of the project.

(c) Use of lands; exceptions.--All work experience projects developed or approved and funded by the department shall be limited to public lands and facilities except where a property involving other lands will provide documented public value or benefit. Reimbursement must be provided to the department for that portion of the total costs which does not provide a public benefit. The reimbursement will be retained by the department for use in the corps program. In the case of emergencies and natural disasters, projects may take place on land or at facilities not owned by the department, other State agencies or local agencies without regard to public benefit and private reimbursement.

(d) Coordinated services.--Whenever available and appropriate, adult education, job training and placement services provided through other Federal, State and local funded programs such as the Job Training Partnership Act Program, the Community Services Block Grant and the [Office of Employment Security] Job Centers shall be coordinated with projects developed under this act to assist eligible participants. Coordinated services may include, but are not limited to, job placement assistance, adult literacy training, job search skills, job application skills and ability assessments. Whenever possible, eligible participants without a high school diploma shall receive coordinated services that provide an opportunity to obtain an equivalent high school diploma. Within [two] four weeks of enrollment in the corps, each corpsmember shall be referred to the Office of Employment Security for ability assessments, the results of which shall be provided to the department.

(e) Standards.--Work sites of work experience projects shall conform to appropriate health and safety standards.

(f) Projects not permitted.--Work experience shall not include [work on any project for] the removal or cleaning up of any toxic waste or other hazardous substance.