S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3894

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2011
                               ___________

Introduced  by  M. of A. FINCH -- Multi-Sponsored by -- M. of A. BUTLER,
  HAWLEY, JOHNS -- read once and referred to the Committee  on  Environ-
  mental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  establishing a Senior  Environmental  Corps  that  would  utilize  the
  expertise  of  professional  seniors  for  environmental  and  natural
  resource programs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The environmental conservation law is amended by adding a
new article 48 to read as follows:
                               ARTICLE 48
                     SENIOR ENVIRONMENTAL CORPS ACT
SECTION 48-0101. SHORT TITLE.
        48-0103. LEGISLATIVE FINDINGS.
        48-0105. DEFINITIONS.
        48-0107. CREATION OF SENIOR ENVIRONMENTAL CORPS.
        48-0109. GOALS OF SENIOR ENVIRONMENTAL CORPS.
        48-0111. CREATION OF  SENIOR  ENVIRONMENTAL  CORPS  COORDINATING
                   COUNCIL.
        48-0113. DUTIES OF THE DEPARTMENT.
        48-0115. VOLUNTEER AGREEMENTS.
S 48-0101. SHORT TITLE.
  THIS  ARTICLE  SHALL BE KNOWN AND MAY BE CITED AS THE "SENIOR ENVIRON-
MENTAL CORPS ACT".
S 48-0103. LEGISLATIVE FINDINGS.
  THE LEGISLATURE FINDS THAT:
  (1) ENHANCEMENT AND PROTECTION OF THE STATE'S ENVIRONMENT DEMANDS MORE
RESOURCES THAN GOVERNMENT FUNDING CAN PROVIDE;
  (2) A CRITICAL  UNDERUTILIZED  ASSET  TO  SOCIETY  IS  THE  KNOWLEDGE,
SKILLS, ABILITIES, AND WISDOM OF OUR EXPANDING, ABLE SENIOR POPULATION;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03814-01-1
              

A. 3894                             2

  (3)  CENTRAL TO THE WELL-BEING AND CONTINUED CONNECTION TO THE SOCIETY
OF NEW YORK'S SENIOR CITIZENS IS THE OPPORTUNITY FOR THEM TO VOLUNTARILY
CONTINUE TO PROVIDE MEANINGFUL CONTRIBUTIONS AND TO SHARE THEIR  PROFES-
SIONAL  TRAINING,  LIFELONG  SKILLS, TALENTS, AND WISDOM WITH NEW YORK'S
CITIZENS;
  (4) IT WILL BENEFIT ALL THE CITIZENS OF THE STATE TO CREATE A PARTNER-
SHIP  BETWEEN OUR SENIOR CITIZENS AND THE STATE'S NATURAL RESOURCE AGEN-
CIES TO AUGMENT OUR CAPABILITY TO PROTECT, ENHANCE  AND  APPRECIATE  THE
ENVIRONMENT.
S 48-0105. DEFINITIONS.
  AS USED IN THIS ARTICLE:
  (1)  "AGENCY" MEANS ONE OF THE AGENCIES OR ORGANIZATIONS PARTICIPATING
IN THE ACTIVITIES OF THE SENIOR ENVIRONMENTAL CORPS.
  (2) "COORDINATOR" MEANS THE PERSON DESIGNATED BY THE COMMISSIONER WITH
THE ADVICE OF THE COUNCIL TO ADMINISTER THE  ACTIVITIES  OF  THE  SENIOR
ENVIRONMENTAL CORPS.
  (3) "CORPS" MEANS THE SENIOR ENVIRONMENTAL CORPS.
  (4)  "COUNCIL" MEANS THE SENIOR ENVIRONMENTAL CORPS COORDINATING COUN-
CIL.
  (5) "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
  (6) "COMMISSIONER" MEANS THE COMMISSIONER OF THE DEPARTMENT  OF  ENVI-
RONMENTAL CONSERVATION OR THE COMMISSIONER'S AUTHORIZED REPRESENTATIVE.
  (7)  "REPRESENTATIVE" MEANS THE PERSON WHO REPRESENTS AN AGENCY ON THE
COUNCIL AND IS RESPONSIBLE FOR THE ACTIVITIES  OF  THE  SENIOR  ENVIRON-
MENTAL CORPS IN HIS OR HER AGENCY.
  (8) "SENIOR" MEANS ANY PERSON WHO IS FIFTY-FIVE YEARS OF AGE OR OVER.
  (9) "VOLUNTEER" MEANS A PERSON WHO IS WILLING TO WORK WITHOUT EXPECTA-
TION  OF  SALARY  OR  FINANCIAL  REWARD, AND WHO CHOOSES WHERE HE OR SHE
PROVIDES SERVICES AND THE TYPE OF SERVICES HE OR SHE PROVIDES.
S 48-0107. CREATION OF SENIOR ENVIRONMENTAL CORPS.
  THE SENIOR ENVIRONMENTAL CORPS IS CREATED WITHIN THE DEPARTMENT.   THE
DEPARTMENTS OF HEALTH, EDUCATION AND FAMILY ASSISTANCE AND THE OFFICE OF
AGING  AND  THE  DIVISION  OF VETERANS' AFFAIRS SHALL PARTICIPATE IN THE
ADMINISTRATION AND IMPLEMENTATION OF THE CORPS AND EACH SUCH DEPARTMENT,
OFFICE AND DIVISION SHALL APPOINT THREE REPRESENTATIVES TO THE COUNCIL.
S 48-0109. GOALS OF SENIOR ENVIRONMENTAL CORPS.
  THE GOALS OF THE CORPS SHALL BE TO:
  (1) PROVIDE RESOURCES AND A  SUPPORT  STRUCTURE  TO  FACILITATE  CORPS
ACTIVITIES AND ACCOMPLISH GOALS;
  (2)  CARRY  OUT PROFESSIONAL AND PARAPROFESSIONAL  PROJECTS THAT FOCUS
ON CONSERVATION,  PROTECTION,  REHABILITATION  AND  ENHANCEMENT  OF  THE
STATE'S  NATURAL,  ENVIRONMENTAL  AND  RECREATIONAL  RESOURCES  AND THAT
OTHERWISE  WOULD  NOT  BE  IMPLEMENTED  BECAUSE  OF  LIMITED   FINANCIAL
RESOURCES;
  (3) PROVIDE MEANINGFUL OPPORTUNITIES FOR SENIOR VOLUNTEERS TO CONTINUE
TO  UTILIZE  THEIR  PROFESSIONAL  TRAINING,  LIFELONG SKILLS, ABILITIES,
EXPERIENCE AND WISDOM THROUGH PARTICIPATION IN CORPS PROJECTS;
  (4) ASSIST AGENCIES IN CARRYING OUT STATUTORY ASSIGNMENTS WITH LIMITED
FUNDING RESOURCES;
  (5) ENHANCE COMMUNITY UNDERSTANDING OF  ENVIRONMENTAL  ISSUES  THROUGH
EDUCATIONAL OUTREACH; AND
  (6)  ENHANCE  THE STATE'S ABILITY TO PROVIDE NEEDED PUBLIC SERVICES IN
BOTH URBAN AND RURAL SETTINGS.
S 48-0111. CREATION OF SENIOR ENVIRONMENTAL CORPS COORDINATING COUNCIL.
  THE DEPARTMENT SHALL CONVENE A SENIOR ENVIRONMENTAL CORPS COORDINATING
COUNCIL TO MEET AS NEEDED TO ESTABLISH AND ASSESS POLICIES; DEFINE STAN-

A. 3894                             3

DARDS FOR PROJECTS, EVALUATE AND SELECT PROJECTS;  DEVELOP  RECRUITMENT,
TRAINING AND PLACEMENT PROCEDURES; RECEIVE AND REVIEW PROJECT STATUS AND
COMPLETING  REPORTS;  AND PROVIDE FOR RECOGNITION OF VOLUNTEER ACTIVITY.
THE  COUNCIL SHALL INCLUDE SIXTEEN REPRESENTATIVES, WITH THREE REPRESEN-
TATIVES APPOINTED BY THE DEPARTMENTS OF  HEALTH,  EDUCATION  AND  FAMILY
ASSISTANCE  AND  THE  OFFICE  OF  AGING  AND  THE  DIVISION OF VETERANS'
AFFAIRS, AND ONE REPRESENTATIVE APPOINTED BY THE DEPARTMENT.  THE  COUN-
CIL  SHALL  DEVELOP BYLAWS, POLICIES AND PROCEDURES TO GOVERN ITS ACTIV-
ITIES.
  THE COUNCIL SHALL ADVISE THE COMMISSIONER ON DISTRIBUTION OF AVAILABLE
FUNDING FOR CORPS ACTIVITIES.
S 48-0113. DUTIES OF THE DEPARTMENT.
  (1) CONTINGENT UPON AVAILABLE FUNDING, THE DEPARTMENT SHALL:
  A. PROVIDE A COORDINATOR AND STAFF SUPPORT TO THE COUNCIL AS NEEDED;
  B. PROVIDE SUPPORT TO THE AGENCIES FOR RECRUITMENT OF VOLUNTEERS;
  C. DEVELOP A BUDGET AND ALLOCATE AVAILABLE FUNDS WITH  ADVICE  OF  THE
COUNCIL;
  D. DEVELOP A WRITTEN VOLUNTEER AGREEMENT;
  E. COLLECT AND MAINTAIN PROJECT AND VOLUNTEER RECORDS;
  F.  PROVIDE  REPORTS  TO  THE  STATE  LEGISLATURE  AND  THE COUNCIL AS
REQUESTED;
  G. PROVIDE AGENCY PROJECT MANAGERS AND VOLUNTEERS WITH ORIENTATION  TO
THE CORPS PROGRAM AND TRAINING IN THE USE OF VOLUNTEERS;
  H.  ACT  AS A LIAISON WITH AND PROVIDE INFORMATION TO OTHER STATES AND
JURISDICTIONS ON THE CORPS PROGRAM AND PROGRAM ACTIVITIES;
  I. APPOINT A REPRESENTATIVE TO THE COORDINATING COUNCIL;
  J. DEVELOP PROJECT PROPOSALS;
  K. ADMINISTER PROJECT ACTIVITIES WITHIN THE AGENCY;
  L. DEVELOP APPROPRIATE PROCEDURES FOR THE USE OF VOLUNTEERS;
  M. PROVIDE PROJECT ORIENTATION, TECHNICAL TRAINING,  SAFETY  TRAINING,
EQUIPMENT AND SUPPLIES TO CARRY OUT PROJECT ACTIVITIES;
  N. MAINTAIN PROJECT RECORDS AND PROVIDE PROJECT REPORTS;
  O.  APPLY  FOR  AND  ACCEPT GRANTS OR CONTRIBUTIONS FOR CORPS APPROVED
PROJECTS; AND
  P. WITH THE APPROVAL OF THE COUNCIL, ENTER INTO  MEMORANDA  OF  UNDER-
STANDING  AND COOPERATIVE AGREEMENTS WITH FEDERAL, STATE AND LOCAL AGEN-
CIES TO CARRY OUT CORPS APPROVED PROJECTS.
  (2) THE DEPARTMENT SHALL NOT USE CORPS VOLUNTEERS TO DISPLACE CURRENT-
LY EMPLOYED WORKERS.
S 48-0115. VOLUNTEER AGREEMENTS.
  ALL VOLUNTEER ACTIVITY MUST BE PERFORMED UNDER THE TERMS OF A  WRITTEN
MASTER  AGREEMENT APPROVED BY THE COUNCIL AND THE ATTORNEY GENERAL. AS A
MINIMUM, THE VOLUNTEER AGREEMENT MUST INCLUDE A DESCRIPTION OF THE  WORK
THAT THE VOLUNTEER IS TO PERFORM, INCLUDING THE STANDARDS OF PERFORMANCE
REQUIRED, ANY EXPENSES OR OTHER BENEFITS TO WHICH THE VOLUNTEER IS TO BE
ENTITLED,  SUCH AS MILEAGE, LODGING, STATE INDUSTRIAL COVERAGE, UNIFORMS
OR OTHER CLOTHING OR SUPPLIES, TRAINING OR OTHER SUPPORT TO BE  PROVIDED
TO  THE  VOLUNTEER BY THE AGENCY, THE DURATION OF THE AGREEMENT, AND THE
TERMS UNDER WHICH THE AGREEMENT MAY BE CANCELED.
  S 2. This act shall take effect on the one hundred fiftieth day  after
it  shall  have  become  a law, provided that the department of environ-
mental conservation shall promulgate any rules and regulations necessary
for the timely implementation of this act on or  before  such  effective
date.