S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4288
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced by M. of A. LEMONDES -- read once and referred to the Commit-
   tee on Environmental 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 50 to read as follows:
                                ARTICLE 50
                      SENIOR ENVIRONMENTAL CORPS ACT
 SECTION 50-0101. SHORT TITLE.
         50-0103. LEGISLATIVE FINDINGS.
         50-0105. DEFINITIONS.
         50-0107. CREATION OF SENIOR ENVIRONMENTAL CORPS.
         50-0109. GOALS OF SENIOR ENVIRONMENTAL CORPS.
         50-0111. CREATION OF  SENIOR  ENVIRONMENTAL  CORPS  COORDINATING
                    COUNCIL.
         50-0113. DUTIES OF THE DEPARTMENT.
         50-0115. VOLUNTEER AGREEMENTS.
 § 50-0101. SHORT TITLE.
   THIS  ARTICLE  SHALL BE KNOWN AND MAY BE CITED AS THE "SENIOR ENVIRON-
 MENTAL CORPS ACT".
 § 50-0103. 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.
                                                            LBD01219-01-3
 A. 4288                             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.
 § 50-0105. 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.
 § 50-0107. 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
 FOR THE AGING AND THE DIVISION OF VETERANS' AFFAIRS SHALL PARTICIPATE IN
 THE ADMINISTRATION AND IMPLEMENTATION OF THE CORPS AND EACH SUCH DEPART-
 MENT, OFFICE AND DIVISION SHALL APPOINT  THREE  REPRESENTATIVES  TO  THE
 COUNCIL.
 § 50-0109. 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.
 § 50-0111. CREATION OF SENIOR ENVIRONMENTAL CORPS COORDINATING COUNCIL.
 A. 4288                             3
 
   THE DEPARTMENT SHALL CONVENE A SENIOR ENVIRONMENTAL CORPS COORDINATING
 COUNCIL TO MEET AS NEEDED TO ESTABLISH AND ASSESS POLICIES; DEFINE STAN-
 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 FOR THE 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.
 § 50-0113. 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.
 § 50-0115. 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.
   §  2. This act shall take effect on the one hundred fiftieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.