New Mexico Register / Volume XXXI, Issue 13 / July 14, 2020
NOTICE OF PROPOSED RULEMAKING
The Youth Conservation Corps Commission (Commission) hereby gives notice that the Commission will conduct a public hearing on August 18, from 9AM to 10AM via a WebEx online meeting. The link is https://nmemnrd.webex.com/nmemnrd/j.php?MTID=e259295441ebb10aa520651a32e2a3fbe. The meeting requires registration. After you register, you will be sent the password and instructions on how to join. The purpose of the public hearing will be to obtain input on proposed rule amendments to 11.2.171 NMAC, The Youth Conservation Corps (YCC) and Outdoor Equity Grant (OEG) Programs. Oral and written comments will be accepted at the public hearing; and the hearing will be recorded.
The purpose of this proposed rule replacement is to incorporate changes to the New Mexico Youth Conservation Corps Act, 9-5-B-1 to 9-5-B-11 regarding the transfer of the outdoor equity grant program from the Youth Conservation Corps Commission and incorporate and clarify standards and requirements of the Youth Conservation Corps program.
Public comment period: The Commission is currently accepting comments through 5:00pm, August 17, 2020. Interested individuals may submit written comments to Sarah Wood, via email at sarah.wood@state.nm.us; fax (505) 988-7313; by postal mail to Youth Conservation Corps, 811 St. Michaels Drive, Santa Fe, New Mexico 87505; or by telephone at 505 470-3710. Individuals may also submit written or oral comments at one or both of the public hearings.
All comments will be posted to the Commission's website at
http://www.emnrd.state.nm.us/YCC/yccactrules.html within three business days.
Statutory Authority: The Youth Conservation Corps Act, Sections 9-5B-1 to 9-5B-11 NMSA 1978 (1992, as amended through 2019), specifically authorizes the Commission to "adopt rules that are necessary for the proper administration of the New Mexico Youth Conservation Corps Act."
The proposed rule amendments are printed below. Copies of the proposed rule may also be accessed on the Commission’s website (http://www.emnrd.state.nm.us/YCC/yccactrules.html) or obtained from Sarah Wood, sarah.wood@state.nm.us (505) 470-3710.
Individuals with disabilities who require this information in an alternative format or need any form of auxiliary aid to attend or participate in the public hearing are asked to contact Sarah Wood at (505) 470-3710 as soon as possible. The Department requires at least ten (10) days' advance notice to provide requested special accommodations.
TITLE 11 LABOR
AND WORKERS COMPENSATION
CHAPTER 2 JOB TRAINING
PART 171 THE
YOUTH CONSERVATION CORPS (YCC) [AND OUTDOOR EQUITY GRANT (OEG) PROGRAMS]
PROGRAM
11.2.171.1 ISSUING AGENCY: The New Mexico Youth Conservation Corps Commission.
[11.2.171.1 NMAC – Rp, 11.2.171.1 NMAC, 12/17/2019]
11.2.171.2 SCOPE: General Public.
[11.2.171.2 NMAC – Rp, 11.2.171.2 NMAC, 12/17/2019]
11.2.171.3 STATUTORY AUTHORITY: Section 9-5B-l et-seq. NMSA 1978.
[11.2.171.3 NMAC – Rp, 11.2.171.3 NMAC, 12/17/2019]
11.2.171.4 DURATION:
Permanent.
[11.2.171.4 NMAC – Rp, 11.2.171.4 NMAC, 12/17/2019]
11.2.171.5 EFFECTIVE DATE: [December 17, 2019] September 15,
2020, unless a later date is cited at the end of a section.
[11.2.171.5 NMAC – Rp, 11.2.171.5 NMAC, 12/17/2019; A 9/15/2020]
11.2.171.6 OBJECTIVE: The objective of this rule is to establish
procedures and standards for the administration of the Youth Conservation Corps
(YCC) program [and the Outdoor Equity grant (OEG) program].
[11.2.171.6 NMAC – Rp, 11.2.171.6 NMAC, 12/17/2019; A, 9/15/2020]
11.2.171.7 DEFINITIONS:
A. "In-kind contribution" means a non-monetary donation of goods or
services provided by the project sponsor for the purpose of carrying out a program.
[B. “Low-income youth” for the purposes of the outdoor equity
grant program means New Mexico residents up to the age of 18 who qualify for a
state or federal assistance program, such as free or reduced lunch, Medicaid or
other similar program,]
[C]
B. "Native American" means
a person having origins in any of the original peoples of North and South
America (including Central America) and who maintain tribal affiliation or
community attachment.
[D]
C. "Residential
program" means a program where corps members and their supervisors are
housed on-site in a residential facility.
[E]
D. "Rural" means
an area not within a metropolitan statistical area as defined by the United
States office of management and budget.
[F]
E. "Summer program" means
a program taking place between May and September.
[G] F. "Seasonal program" means a program that
takes place any time of year and is six months or less in duration.
[I]
H. "Urban" means an area within a metropolitan statistical area as
defined by the United States office of management and budget.
[11.2.171.7 NMAC – Rp, 11.2.171.7 NMAC, 12/17/2019; A, 9/15/2020]
11.2.171.8 PROPOSALS: At least annually, the commission will request
proposals for YCC [and OEG] projects.
The commission’s announcement will include where to obtain proposal
information and the date by which proposals must be submitted.
[11.2.171.8 NMAC –
Rp, 11.2.171.15 NMAC, 12/17/2019; A, 9/15/2020]
11.2.171.9 YCC
PROJECT ELIGIBILITY:
A. Project sponsors: The YCC Commission will accept applications from:
(1) A federally recognized sovereign tribal government within the state.
(2) A state agency.
(3) A local government agency.
(4) A federal agency operating within the state.
(5) A non-profit organization with a 501(c) internal revenue service designation operating within the state.
(6) Any organization or agency with a 501(c) fiscal sponsor.
B. Projects must be consistent with the purposes of the NMYCC program and may include, but need not be limited to, projects that:
(1) protect, conserve, rehabilitate or increase resiliency of terrestrial and aquatic species, forests, refuges, rangelands and waters of the state;
(2) improve use and access to public parks, greenways, historic sites, libraries, museums, zoos, recreational areas and associated facilities;
(3) reinforce the “keep New Mexico true” campaign;
(4) provide emergency assistance, disaster relief or recovery; or
(5) improve disaster preparedness; increase energy efficiency.
(6) beautify, improve and restore urban
areas;
(7) renovate community facilities,
including those for the elderly or indigent.
[C. Prohibited activities: The following activities
are prohibited in the conduct of any NMYCC project:
(1) the
displacement or substitution of an existing employee by a corps member or the
replacement of a seasonal employee normally hired by the project sponsor;
(2) the participation by corps members in
the removal or cleaning up of any toxic or hazardous waste or toxic or
hazardous waste site; and
(3) the
assignment of corps members to general work activities such as, but not limited
to, routine lawn mowing, routine litter control, janitorial duties and clerical
tasks.]
[11.2.171.9 NMAC –
Rp, 11.2.171.12 and 11.2.171.13 NMAC, 12/17/2019; A, 9/15/2020]
11.2.171.10 PROHIBITED ACTIVITIES: The
following activities are prohibited in the conduct of any NMYCC project:
A. the displacement or substitution of
an existing employee by a corps member or the replacement of a seasonal
employee normally hired by the project sponsor;
B. the
participation by corps members in the removal or cleaning up of any toxic or
hazardous waste or toxic or hazardous waste site; and
C. the assignment of corps members to
general work activities such as, but not limited to, routine lawn mowing,
routine litter control, janitorial duties and clerical tasks.
D. funding permanent capital
improvements on privately owned property.
[11.2.171.10 NMAC – N,
9/15/2020]
[11.2.171.10] 11.2.171.11 YCC
PROJECT REQUIREMENTS:
A. Project sponsors shall ensure that all project sites and practices conform to appropriate state and federal health and safety standards and requirements.
B. Project sponsors shall classify their programs as a summer, seasonal, or residential project; and also specify whether their project primarily engages Native American, rural, urban or other under-resourced populations.
C. Wages for corps members and corps leaders shall account for a minimum of seventy percent of the total funds requested.
D. Projects shall hire a minimum of four corps members and one corps crew leader or corps crew trainer.
E. Project sponsors must provide an
education and training program to corps members for the duration of the
project. The number of hours of training
provided for each corps member shall be no less than [twelve percent] ten
percent of the total hours budgeted per corps member for the entirety of
the project.
F. Project sponsors shall match a minimum of twenty percent of total funds requested with in-kind or cash contributions.
G. Project sponsors shall provide proof they have obtained permission from all land owners or managers where the project shall take place.
[H. Project sites: Projects may be undertaken on:
(1) public
lands, waters or structures located within the state that are under the
jurisdiction of the project sponsor or in accordance with a written agreement
between the project sponsor and the agency that has jurisdiction over the
public lands, waters or structures;
(2) lands,
waters or structures owned or administered by a non-profit entity or federally
recognized sovereign tribal government, provided that these facilities are open
to the public on a reasonable basis, there is a public value or benefit to the
project, and the facilities are located within the state; or
(3) lands, waters or structures owned or
administered by a nonprofit organization or federally recognized sovereign
tribal government in accordance with a written agreement between the project
sponsor and the nonprofit entity or federally recognized sovereign tribal
government, provided that these facilities are open to the public on a
reasonable basis, there is a public value or benefit to the project, and the
facilities are located within the state.]
[I]
H. Project sponsors shall have
worker's compensation and unemployment insurance in place for the duration of
the project.
[J]
I. Program applicants shall
provide proof of adequate insurance coverage for any liability arising out of
program activities for the duration of the program.
[11.2.171.11 NMAC –
Rn & A 11.171.2.10 NMAC, 9/15/2020]
11.2.171.12 YCC
PROJECT LOCATIONS: Projects may be undertaken on:
A. public or federally recognized tribal lands, waters
or structures located within the state that ;
(1) are under the jurisdiction, owned
or administered by the project sponsor; or
(2) are accessible to the project
sponsor in accordance with a written agreement between the project sponsor and
the agency or entity that owns, administers or has jurisdiction over the public
or federally recognized tribal lands, waters or structures; and
(3) provided that the land or facilities
are open to the public on a reasonable basis and there is a public value or
benefit as a result of the project.
B. privately owned lands, waters or structures located
within the state that
(1) are owned or administered by a
nonprofit organization; or
(2) are accessible to the project
sponsor in accordance with a written agreement between the project sponsor and
the nonprofit organization; and
(3) provided that these the land or
facilities are open to the public on a reasonable basis and there is a public
value or benefit as a result of the project; and
(4) provided no funding for capital
improvements is requested for the project.
[11.2.171.12 NMAC – N, 9/15/2020]
[11.2.171.11] 11.2.171.13 YCC CORPS MEMBERS:
A. Project sponsors shall, at their own expense, comply with all applicable
laws, regulations, rules ordinances, and requirements of local, state, and
federal authorities, including but not limited to those pertaining to equal
opportunity employment, workers compensation benefits, and fair labor
standards.
B. Recruitment, selection, supervision, development and dismissal of corps members will be the responsibility of the project sponsors.
C. Sponsors shall verify corps members meet the following eligibility requirements at the time of enrollment and keep records of such:
(1) are unemployed at the time of hire;
(2) are New Mexico residents consistent with NMAC 18.19.5;
(3) are in-school or out-of-school youth at the time of hire;
(4) are between the ages of 14 and 25 years of age at the time of hire;
(5) have a work permit if under the
age of 16; and
(6) are not the children or siblings of
the project sponsor's hiring officer or project supervisor.
D. Sponsors shall enforce all labor laws and shall be familiar with child labor laws as they apply to employees under the age of 18.
E. Classification:
(1) Corps members shall be individuals who meet the eligibility requirements and are at least 14 years of age at the beginning of the project.
(2) Corps crew leaders or corps crew
trainers shall be individuals who meet the eligibility requirements, and serve
in a leadership, trainer or mentor position.
(1) All corps members shall be compensated, at a minimum, as provided by
law following the state or municipality established minimum wage.
[(2) Corps members shall be individuals who
meet the eligibility requirements and are at least 14 years of age at the beginning
of the project.
(3) Corps crew leaders or corps crew
trainers shall be individuals who meet the eligibility requirements, are at
least 18 years of age at the beginning of the project, and serve in a
leadership, trainer or mentor position.]
[(4)] (2) Project sponsors may request wage increases
of no more than ten percent of starting wage for corps members based on
promotion, performance or additional responsibilities; and if there are
sufficient funds in the budget to complete the project as planned.
[(5)]
(3) The YCC will support the project
sponsor's existing policy for holiday pay and sick pay.
[(6)]
(4) Project sponsors may not budget overtime pay into the cost proposal, and
under no circumstances will the commission reimburse project sponsors for
overtime.
[(7)]
(5) The YCC will not reimburse the project
sponsor for hazard pay.
[(8)] G. Project
sponsors shall follow their established personnel policies for dismissal of
corps members. Sponsors are encouraged
to provide opportunities for improvement prior to dismissal.
[F] H. The length of a corps member’s employment
shall be determined by the duration of the work project in which the corps
member is participating.
[G. The maximum accumulated length of
service for which a corps member may be employed on a YCC crew, including all
projects in which the corps member participated, shall not exceed 24 months.]
[11.2.171.13 NMAC – Rn & A 11.2.171.11 NMAC, 9/15/2020]
[11.2.171.12]
11.2.171.14 YCC EDUCATIONAL TUITION VOUCHERS AND ADDITIONAL
CASH COMPENSATION:
A. On
completion of employment with the YCC, a corps member who has 12 full months (48
weeks) of employment as a corps member during a period not to exceed 48
months, and who has received satisfactory evaluations throughout their
employment, may apply for a $500.00 additional cash compensation or a $1500.00
educational tuition voucher.
B. [The project sponsor shall certify that the corps
member was employed for the duration of the project and the YCC staff shall
verify same.
(1) The educational voucher is good
for reimbursement of expenses at a New Mexico institution of higher education,
including accredited universities, colleges, community colleges, vocational
schools and on-line education associated with an accredited New Mexico
institution of higher education.
(2) The educational tuition voucher
is valid for two years and will be reimbursed upon presentation of receipts and
proof of payment.
(a) Examples of reimbursable expenses
include educational expenses such as tuition, textbooks, and classroom and lab
supplies.
(b) Examples of non-reimbursable
expenses include personal expenses, transportation, computers, residential
rent, and food.
(3) A corps member who receives
satisfactory employment evaluations and has completed a minimum of six months
employment but less than 12 months in a four-year period due to circumstances
beyond the corps member’s control, may receive a partial cash compensation or a
partial educational tuition voucher.
(a) Circumstances beyond a corps member’s
control may include but are not limited to:
illness; death in the family; a return to school; family relocation.
(b) Circumstances beyond the corps
member’s control do not include the unavailability of projects or that the
project sponsor did not select them for employment with the project.]
A corps member who receives satisfactory employment
evaluations and has completed a minimum of thirty-two weeks employment but less
than 12 months (48 weeks) in a four-year period due to circumstances beyond the
corps member’s control, may receive a partial cash compensation or a partial
educational tuition voucher.
(1) Circumstances beyond a
corps member’s control may include but are not limited to illness, death in the
family. a return to school, or family relocation.
(2) Circumstances beyond the
corps member’s control do not include the unavailability of projects or that
the project sponsor did not select them for employment.
C. The YCC staff shall certify that the
corps member was employed for the duration of the project.
(1) The educational voucher is good
for reimbursement of expenses at a New Mexico institution of higher education,
including accredited universities, colleges, community colleges, vocational
schools and on-line education associated with an accredited New Mexico
institution of higher education.
(2) The educational tuition voucher
is valid for two years and will be reimbursed upon presentation of receipts and
proof of payment.
(a) Examples of reimbursable expenses
include educational expenses such as tuition, textbooks, and classroom and lab
supplies.
(b) Examples of non-reimbursable
expenses include personal expenses, transportation, computers, residential
rent, and food.
[11.2.171.14 NMAC – Rn & A 11.2.171.12 NMAC, 9/15/2020]
[11.2.171.13 OEG
PROGRAM ELIGIBILITY
A. The YCC Commission will
accept applications from:
(1) A federally recognized sovereign
tribal government within the state.
(2) A state agency.
(3) A local government agency.
(4) A federal agency operating within the state.
(5) A non-profit organization with a 501(c) (3) internal
revenue service designation operating within the state.
(6) Any organization or agency with a 501(c) (3) fiscal
sponsor.
(7) A privately-owned New Mexico resident business.
B. Programs must be consistent with
the purposes of the outdoor equity grant program as described in the act; and
may include, but are not limited to, programs that provide recreational
opportunities and enhance outdoor skills and knowledge of activities such as
bicycling, birdwatching, boating, camping, climbing, farming, fishing, flora
and fauna identification, hang-gliding, hiking, horse-back riding, hot-air
ballooning, hunting, jet skiing, mountain biking, mushrooming, nature study, off-highway
vehicles, orienteering, paddling, rafting, ranching, rock-climbing, sandboarding,
skiing, sledding, snowboarding, snowshoeing, and swimming.
[11.2.171.13 NMAC – N,
12/17/2019, Repealed 9/15/2020]
11.2.171.14 OEG
PROGRAM REQUIREMENTS:
A. Program sponsors shall
ensure that all program components and practices conform to appropriate state
and federal health and safety standards and requirements.
B. The majority of the program must
take place outdoors, and the program shall be designed so that participants are
actively engaging in outdoor recreational or educational activities the
majority of the time.
C. Program applicants will specify
whether their proposal primarily engages Native American, rural, urban or other
under-resourced populations.
D. Programs that shall not be
funded include, but are not limited to, those that take place primarily
indoors, such as classrooms or gymnasiums; museums, aquariums, zoos, festivals
or events; organized youth sports, such as baseball or soccer ; and service
projects.
E. Program sites: Programs may occur in whole or partially on:
(1) public lands, waters or structures
located within the state that are under jurisdiction of the program applicant
or in accordance with a written agreement between the program sponsor and the
agency that has jurisdiction over the public lands; waters or structures;
(2) privately-owned lands located within
the state owned or leased by the program applicant or in accordance with a
written agreement between the program applicant and the property owner;
(3) any lands, waters or structures
located within the state that are owned or administered by a non-profit entity
or federally recognized sovereign tribal government or in accordance with a
written agreement between the program sponsor and the nonprofit entity or
federally recognized sovereign tribal government.
F. Program applicants shall provide
proof of adequate insurance coverage for any liability arising out of program
activities for the duration of the program.
G. Service projects or publicly
funded enhancements on private land that would increase the value of that land
are prohibited.]
[11.2.171.14 NMAC –
N, 12/17/2019, Repealed 9/15/2020]
11.2.171.15 EVALUATION OF PROPOSALS:
A. The commission shall adopt a competitive evaluation process
to guide the allocation of funds.
B. The commission shall review and
evaluate all proposals to determine the proposal's conformance with the goals
of the programs as described in the act and 11.2.171 NMAC, Sections 9, 10, and
11 [13 and 14].
C. The commission shall take
appropriate measures to ensure the evaluation process is not influenced by donors
to the youth conservation corps [or outdoor equity fund]. This may include, but is not limited to,
appointing an external review committee; and concealing the identity of
applicants during the review process.
D. The commission will distribute funds equitably among qualified projects that variously engage Native American, rural, urban or other under-resourced populations.
[11.2.171.15 NMAC – Rp,
11.2.171.16 NMAC, 12/17/2019; A, 9/15/2020]
11.2.171.16 AWARD AGREEMENTS: Successful applicants shall enter into a formal agreement with the commission for the expenditure of awarded funds.
[11.2.171.16 NMAC – Rp,
11.2.171.17 NMAC, 12/17/2019; A, 9/15/2020]
11.2.171.17 FUNDS:
A. The commission may establish limitations on the availability
and use of program funds. Any limitations shall be defined in the current
application package
B. The commission may limit the amount of funding available for any element(s) of a program.
C. If money is not awarded in a given fiscal year due to the lack of applications meeting minimum requirements, the commission may reassign the funds to a non-funded or under-funded program that meets all the minimum requirements or may carry them over into the total program allocation for the next fiscal year.
[11.2.171.17 NMAC – Rp, 11.2.171.9 NMAC, 12/17/2019; A, 9/15/2020]
HISTORY of 11.2.171 NMAC:
Pre-NMAC History:
The material in this Part was derived from that previously filed with the state records center & archives under; NMYCC Rule No. 92-1, Rules and Regulations Governing the New Mexico Youth Conservation Corps, filed November 20, 1992.
History of Repealed Material: 11.2.171 NMAC, The Youth Conservation Corps (YCC) Program, filed 4/30/2001, was repealed and replaced by 11.2.171 NMAC, The Youth Conservation Corps (YCC) Program and Outdoor Equity Grant (OEG) Program, effective 12/17/2019.
11.2.171 NMAC was
renamed from ‘The Youth Conservation Corps (YCC) And Outdoor Equity Grant (OEG)
Programs’ to ‘The Youth Conservation Corps (YCC) Program’ effective
9/15/2020.
Other History: 11 NMAC 2.YCC, The Youth Conservation Corps (YCC) Program, filed 5/14/1997, was reformatted, renumbered, and amended to 11.2.171 NMAC effective 4/30/2001.