81R25375 PB-F

By: Strama, Marquez, Rodriguez H.B. No. 2492

Substitute the following for H.B. No. 2492:

By: Strama C.S.H.B. No. 2492

A BILL TO BE ENTITLED

AN ACT

relating to the creation, operation, and funding of the Texas Sustainable Youth Program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 4, Labor Code, is amended by adding Chapter 312 to read as follows:

CHAPTER 312. TEXAS SUSTAINABLE YOUTH PROGRAM

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 312.001. DEFINITIONS. In this chapter:

(1) "Energy-efficient" means, with respect to a project, sustainable, long-lasting construction, rehabilitation, or retrofitting that reduces the energy costs of conventional construction, rehabilitation, or retrofitting by not less than 20 percent.

(2) "Participant" means an individual who is enrolled in a project under this chapter and is receiving training and other services through the program.

(3) "Program" means the Texas Sustainable Youth Program established under this chapter.

(4) "Project" means a construction, rehabilitation, or retrofitting project eligible for funding through a grant awarded under this chapter.

[Sections 312.002-312.050 reserved for expansion]

SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION

Sec. 312.051. PROGRAM; ADMINISTRATION. (a) The Texas Sustainable Youth Program is established in the Texas Workforce Commission as a workforce training and development program.

(b) The commission shall administer the program and may employ personnel as necessary to administer the program.

Sec. 312.052. PROGRAM FUNDING. (a) The program is funded by appropriations from the legislature and other available money, including funds from federal agencies, identified by the commission, the Texas Youth Commission, the Texas Juvenile Probation Commission, the Texas Department of Criminal Justice, the Texas Education Agency, or other state agencies.

(b) The commission may solicit and accept gifts, grants, and other donations for operation of the program.

(c) The commission may not provide more than 75 percent of the money budgeted for a project.

Sec. 312.053. RULES. The commission shall adopt rules as necessary to implement the program, including rules for auditing grants awarded under this chapter and accountability requirements for grant recipients.

Sec. 312.054. ANNUAL REPORT. (a) The commission shall report to the governor and the legislature in January of each year on the status of the program as of the end of the previous state fiscal year.

(b) The annual report must include for that fiscal year:

(1) the number of grants awarded;

(2) the total dollar amount of grants awarded;

(3) the geographical distribution of grants awarded;

(4) the number of youths and other participants enrolled in projects funded by grants;

(5) the number of youths and other participants who are projected to secure full-time jobs at the conclusion of participation in projects funded by grants;

(6) the number of youths who are projected to graduate from high school or receive a high school equivalency certificate while participating in the program;

(7) the number of housing units and other buildings constructed, rehabilitated, or retrofitted through projects funded by grants; and

(8) the estimated dollar savings due to improved energy efficiency in projects funded by grants.

[Sections 312.055-312.100 reserved for expansion]

SUBCHAPTER C. TEXAS SUSTAINABLE YOUTH PROGRAM

Sec. 312.101. PROGRAM PURPOSES. The Texas Sustainable Youth Program shall:

(1) promote the economic self-sufficiency of youth and young veterans by providing those persons with opportunities to acquire job skills while performing community service activities;

(2) create opportunities for communities to restore abandoned properties and historic areas, enhance public places, and increase the availability of affordable, energy-efficient housing for individuals and families of low income; and

(3) create training and employment opportunities for eligible veterans.

Sec. 312.102. PARTICIPANT ELIGIBILITY. (a) To be eligible to participate in the program, a participant must be an individual who is at least 16 years of age but not older than 24 years of age on the date of enrollment in a project and who:

(1) is not attending high school and has not received a high school diploma or high school equivalency certificate; or

(2) is:

(A) attending high school or a program leading to a high school equivalency certificate but is at risk of dropping out of high school or the equivalency certification program; and

(B) recommended for enrollment in the project by the high school or the equivalency certification program.

(b) In addition to meeting the requirements of Subsection (a), a program participant must be:

(1) an individual who is:

(A) a member of a household that receives public assistance and earns not more than 80 percent of the area median income;

(B) educationally disadvantaged, as defined by commission rule; or

(C) referred to the program by a school district, state agency, or court; or

(2) a veteran who is not older than 24 years of age on initial participation in the program.

[Sections 312.103-312.150 reserved for expansion]

SUBCHAPTER D. PROGRAM GRANTS

Sec. 312.151. GRANTS. (a) The executive director shall award grants under the program to eligible entities for projects that meet the requirements of this subchapter.

(b) To be eligible to receive a grant from the program, a grant recipient must use the grant for a project that provides services specified in Sections 312.154 and 312.155 to individuals eligible to participate in the program under Section 312.102.

Sec. 312.152. ELIGIBLE ENTITIES. (a) Subject to Subsection (b), the following entities may apply to receive a grant for an eligible project under this subchapter:

(1) a private, nonprofit, tax-exempt organization listed in Section 501(c)(3), Internal Revenue Code of 1986;

(2) a public agency that operates a community-based youth employment training program;

(3) a community housing development organization certified by the state;

(4) a community educational facility as an alternative to placement to the Texas Youth Commission and the Texas Department of Criminal Justice;

(5) a corps-based community service organization including AmeriCorps, Southwest Conservation Corps, American Youthworks, and similar corps-based service organizations;

(6) an open-enrollment charter school approved by the Texas Education Agency that serves students 16 years of age or older; or

(7) a public school that serves students 16 years of age or older.

(b) To be eligible to receive a grant, an applicant must demonstrate that the applicant has:

(1) at least three years of successful experience operating programs that benefit disadvantaged or at-risk youth;

(2) successful experience in counseling and support services for high school dropouts and at-risk youth; and

(3) successful experience in job training in the field of the eligible project.

(c) A private school, as defined by Section 5.001, Education Code, or for-profit entity is not eligible to receive a grant under this subchapter.

Sec. 312.153. GRANT APPLICATION. A grant application for a proposed project must be filed with the commission on a form prescribed by the commission. The application must include:

(1) a statement of the amount of money requested;

(2) a description of the proposed project;

(3) a description of the applicant's qualifications, including the applicant's experience with youth, law enforcement agencies, and educational and community groups;

(4) if applicable, a list of proposed sites for construction, rehabilitation, or retrofitting of housing or other buildings;

(5) if applicable, a description of proposed energy-efficient construction, rehabilitation, or retrofitting activities, including an implementation schedule;

(6) a description of the applicant's proposed procedures for recruiting and selecting participants in the project;

(7) a proposed budget, including procedures for auditing and accountability;

(8) if applicable, a description of proposed financing for construction, rehabilitation, or retrofitting;

(9) a list of relevant contracts or other arrangements between the applicant and public agencies that will facilitate implementation of the project;

(10) a list of prospective donations, grants, or in-kind contributions for the project that will supplement money received through the grant;

(11) a certification satisfactory to the commission of the applicant's compliance with:

(A) state and federal fair housing laws;

(B) the Civil Rights Act of 1964 (42 U.S.C. Section 2000a et seq.);

(C) the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.);

(D) the Rehabilitation Act of 1973 (29 U.S.C. Section 701 et seq.); and

(E) the Age Discrimination in Employment Act of 1967 (29 U.S.C. Section 621 et seq.); and

(12) any other requirements that the commission establishes by rule.

Sec. 312.154. PROJECT REQUIREMENTS; SERVICES TO PARTICIPANTS. A project for which a grant is received under the program must provide to a participant:

(1) integrated green job occupational skills training and education, divided between:

(A) practical, hands-on work experience at project sites; and

(B) if the participant has not received a high school diploma or high school equivalency certificate, academic and project-based instruction designed to result in the attainment of a high school diploma or high school equivalency certificate, of which at least 50 percent of the instruction is devoted to applied academic instruction; and

(2) one or more of the following supplemental services:

(A) direct access to counseling and support services, including assessment and orientation services, life-skills training, peer tutoring, gang prevention techniques, parenting and child-care skills, and medical and legal screening and referrals;

(B) direct access to leadership training designed to develop ethics, citizenship, personal responsibility, critical thinking, and decision-making, problem-solving, and negotiation skills;

(C) direct access to assistance in making the transition from training to economic self-sufficiency, including career counseling, job placement, personal finance training, homebuyer education, and follow-up services;

(D) guidance and support in earning college scholarships; and

(E) after the participant leaves the program, follow-up support as necessary to ensure the participant's success in job placement or postsecondary education, for a period not to exceed 12 months from the date of the participant's initial enrollment in the project.

Sec. 312.155. TRAINING STIPEND. (a) To the extent authorized by federal law and regulations, a project for which a grant is received under the program must provide a training stipend to each participant enrolled in the project. A training stipend under this section must be:

(1) in an amount determined by commission rule;

(2) provided for a period not to exceed two years; and

(3) conditioned on the demonstration by the participant of improved job performance and personal responsibility as determined by commission rule.

(b) To the extent authorized by federal law and regulations, a stipend provided under this section does not count as income or resources for purposes of determining the eligibility of the participant or the participant's household for any form of public assistance or in determining the amount of that assistance.

(c) A stipend provided under this section may include a plan for incentives under which additional compensation is provided to a participant who demonstrates excellent attendance and performance.

Sec. 312.156. ELIGIBLE PROJECTS. A project for which a grant is received under the program must provide at least one of the following services:

(1) the construction, rehabilitation, or retrofitting of energy-efficient, affordable housing for:

(A) individuals and families earning not more than 80 percent of the area median income;

(B) veterans of the United States armed forces; or

(C) individuals with a disability, as defined by Sections 2052.003(b) and (c), Government Code;

(2) the energy-efficient rehabilitation or retrofitting of:

(A) a historic structure, as defined by Section 442.001, Government Code;

(B) a publicly owned facility, including a public school and a public facility that is part of a designated cultural district; or

(C) a facility, located in a low-income area as defined by commission rule, that:

(i) is owned by a private, nonprofit, tax-exempt organization listed in Section 501(c), Internal Revenue Code of 1986;

(ii) provides a public service, as defined by the commission; and

(iii) is not owned, leased, or rented by a grant recipient under this chapter;

(3) park and green space construction work, including trail building and the energy-efficient rehabilitation or retrofitting of park structures:

(A) in state, county, and local parks; or

(B) subject to the availability of federal funds for the project, in national parks located in this state; or

(4) a green job-training program:

(A) that incorporates training of participants in the following:

(i) renewable electric power;

(ii) biofuels;

(iii) deconstruction and reuse of materials;

(iv) energy efficiency assessments;

(v) weatherization;

(vi) the manufacture of sustainable products; or

(vii) sustainable manufacturing processes and materials; and

(B) the activities of which benefit:

(i) a person described by Subdivision (1); or

(ii) a private, nonprofit, tax-exempt organization that:

(a) is listed in Section 501(c), Internal Revenue Code of 1986; and

(b) provides a public service, as defined by the commission.

Sec. 312.157. ADVISORY BOARD; PARTICIPANT COUNCIL. An entity awarded a grant for a project under the program shall establish:

(1) an advisory board for the project that includes senior staff of the entity operating the project, area employers, industrial leaders, representatives of nonprofit organizations representing low-income neighborhoods, and participants enrolled in the project; and

(2) a participant council to provide comments and suggestions regarding project policies.

Sec. 312.158. LIMIT ON ADMINISTRATIVE EXPENSES. Not more than 10 percent of the grant money awarded under the program for a project may be used for administrative costs associated with the project.

Sec. 312.159. TRAINING AND TECHNICAL ASSISTANCE. The commission may reserve up to eight percent of grant funds for allocation to qualified organizations that have specific experience in successfully operating programs or providing services to individuals eligible to participate in the sustainable youth program to provide training and technical assistance to grant recipients.

SECTION 2. This Act takes effect September 1, 2009.