TITLE 11             LABOR AND WORKERS COMPENSATION

CHAPTER 2        JOB TRAINING

PART 171            THE YOUTH CONSERVATION CORPS (YCC) 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, 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]

 

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.

[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.            "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.

                C.            "Residential program" means a program where corps members and their supervisors are housed on-site in a residential facility.

                D.            "Rural" means an area not within a metropolitan statistical area as defined by the United States office of management and budget.

                E.            "Summer program" means a program taking place between May and September.

                F.            "Seasonal program" means a program that takes place any time of year and is six months or less in duration.

                G.            "Under-resourced" means lacking sufficient resources, including, but not limited to funds, opportunity, work force, knowledge base, support systems, physical aids, communication devices, and other physical assets that limit access to job training and outdoor recreation.

                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 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 or unit.

                                (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.

[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]

 

11.2.171.11                          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, unemployment insurance and workers' comp for corps members, corps leaders, and corps trainers 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 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 sponsors shall have worker's compensation and unemployment insurance in place for the duration of the project.

                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]

 

11.2.171.13          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 18.19.5 NMAC;

                                (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.

                F.            Compensation:

                                (1)           All corps members shall be compensated, at a minimum, as provided by law following the state or municipality established minimum wage.

                                (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.

                                (3)           The YCC will support the project sponsor's existing policy for holiday pay and sick pay.

                                (4)           Project sponsors may not budget overtime pay into the cost proposal, and under no circumstances will the commission reimburse project sponsors for overtime.

                                (5)           The YCC will not reimburse the project sponsor for hazard pay.

                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.

                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.

[11.2.171.13 NMAC – Rn & A 11.2.171.11 NMAC, 9/15/2020]

 

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.            A corps member who receives satisfactory employment evaluations and has completed a minimum of 32 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]

 

11.2.171.15          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.

                C.            The commission shall take appropriate measures to ensure the evaluation process is not influenced by donors to the youth conservation corps.  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]

 

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]

 

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.