Wage law snags volunteer projects

[SonoraBob]

I ran across this on the net today. I hope it does not affect FOTR.

http://www.pressdemocrat.com/local/n...estore_a1.html


March 31, 2004

By CAROL BENFELL THE PRESS DEMOCRAT

Efforts to restore streams and rivers are grinding to a halt in Sonoma County and across the state because a state agency has begun enforcing a law requiring that volunteers be paid.

If state money is used in watershed restoration efforts, prevailing wages now must be paid to everyone who works on the project -- students, adults and professionals, according to the state Department of Industrial Relations.

In Sonoma County alone, the decision jeopardizes dozens of restoration projects, including a four-year effort to restore Green Valley Creek, a $900,000 push to rid the Russian River of invasive Arundo reed, the habitat restoration program at Petaluma's Casa Grande High School and Salmon Creek School's plans to let children plant seedlings as part of an environmental curriculum.

Students planting a vegetable garden at Oak Grove Elementary School in Graton would have to be paid, as would participants of annual coast and creek cleanups, the unintended consequence of the Industrial Relations Department's actions.

"It's unconscionable," said Cam Parry, who has spearheaded Forestville's effort to restore 3 miles of Green Valley Creek, one of the last salmon-bearing tributaries in the lower Russian River.

"July 1 was our start date. Everything was ready to go and then we get hit with this," Parry said.

Officials with the department said they have no choice. In 2001, state labor laws were changed to greatly expand the kinds of projects defined as "public works," but the department never considered whether watershed restoration fell under the new definition, said department attorney Gary O'Mara.

Last year, a watershed group in Redding with a $250,000 grant failed to properly pay a backhoe operator. Local labor leaders complained to the state.

From labor's perspective, the backhoe operator and volunteers were doing work that could have meant jobs and paychecks for construction workers, said Cathryn Hilliard, executive director of the Construction Industry Force Account Council in San Francisco, a nonprofit industry group.

"When a public works project is funded by state or local money, it should go out for public bid and should pay prevailing wage," Hilliard said.

The Industrial Relations Department agreed and levied a $33,500 fine on the Sacramento Watersheds Action Group, which is appealing the decision.

The department then sent advisory letters to agencies that administer grants and loans. Community groups now must certify they will pay prevailing wages as a condition of receiving grants.

The exception is for projects that exclusively use volunteers and benefit a specific nonprofit group or agency.

The consequences have been widespread.

Some restoration groups are looking at ways to slim down projects so they can pay for the work. Some are delaying in hopes the law will be amended but fear their funding will run out before that happens.

Others no longer are applying for grants because they don't know whether their project falls under the public works definition.

Circuit Rider Productions, a Windsor environmental firm, received about $900,000 in state grants to eradicate the fast-growing Arundo reed, an exotic plant that is strangling native plants, trees and shrubs along the banks of the Russian River.

Instead of hundreds of volunteers combing 300 acres along 100 miles of river, they will use their paid staff of 15 people, said Karen Gaffney, the firm's restoration ecologist.

"We'll go ahead with the project, but we have a finite amount of money," Gaffney said. Without volunteers, "it's that many fewer acres of giant reed we can remove and that many fewer acres of streamside we can restore."

Salmon Creek School has received $300,000 from the Coastal Conservancy for creek restoration and to implement an environmental curriculum that will give students hands-on experience.

The first phase, where work is paid, can go forward. The children's part must wait until the law is clarified, said Jane McDonough, school superintendent.

"It's absurd," McDonough said. "The children have worked on the trails and done restoration for years. Our purposes would be entirely defeated if children can never touch the dirt without being paid."

The Forestville community was volunteering time and work to restore Green Valley Creek, and without volunteers there isn't enough money to complete the work, Parry said.

It took four years to get all the permits needed and project organizers face the loss of their funding if they don't complete the work this year, Parry said.

"It's the last stop for us," Parry said.

Even salmon habitat restoration at Casa Grande High School, where students for the past 21 years have cleaned up Adobe Creek, planted native shrubs and trees and created a fish hatchery, is at risk if state funds are sought.

Jose Millan, deputy secretary of the agency that oversees the Department of Industrial Relations, acknowledged the unintended consequences of the 2001 law. He is meeting with unions and environmental groups to try to broker a compromise that can be turned into legislation amending the 2001 law.

He said that what's needed is wording that assures that prevailing wage rates are paid when appropriate but recognizes that volunteers are an integral part of projects.

"The state has millions of dollars in Propositions 40 and 50 in the pipeline ready to be given out to these groups for their projects, and we're having groups say they can't do it. They didn't factor in the fact it might be a prevailing wage job," Millan said.

You can reach Staff Writer Carol Benfell at 521-5259 or cbenfell@pressdemocrat.com.

AT RISK

What happened: State Department of Industrial Relations determined state- funded watershed and trail restoration projects are "public works" under a 2001 law.

The result: With some exceptions, community groups must pay everyone who works on a project.

The impact: Groups must down- size or delay projects. Some may lose funding.

Among the

projects at risk:

Restoration of a 3-mile stretch of Green Valley Creek in Forestville, set to begin July 1.

Eradication of 300 acres of invasive Arundo reed along Russian River, which will be downsized so crews can be paid.

Salmon habitat restoration at Casa Grande High School, where students for 21 years have cleaned up Adobe Creek, planted native shrubs and trees and created a fish hatchery.

Trail and creek restoration programs at Salmon Creek School, which received a $300,000 grant from Coastal Conservancy.

Vegetable gardening at Oak Grove School in Graton, which has a nationally recognized recycling program.

Coast, trail and creek cleanups across the county.

[Rockcrusher]

Originally posted by SonoraBob
I ran across this on the net today. I hope it does not affect FOTR.

http://www.pressdemocrat.com/local/n...estore_a1.html

. . . Last year, a watershed group in Redding with a $250,000 grant failed to properly pay a backhoe operator. Local labor leaders complained to the state.

From labor's perspective, the backhoe operator and volunteers were doing work that could have meant jobs and paychecks for construction workers . . . The Industrial Relations Department agreed and levied a $33,500 fine on the Sacramento Watersheds Action Group, which is appealing the decision . . .

Why am I not even remotely surprised? This is a prime example of the level of stupidity that has caused the Democratic Peoples Republic of California's current fiscal woes. Even worse, this demonstrates organized labor's opposition to programs that would benefit the environment.

[cruzila]

Can I donate my time, then use it as a deduction on my tax return?? Hmmmm. Need to call my accountant.

[cruzila]

No wait, I'll have to pay income tax on the value first

[RCKRATZ]

The exception is for projects that exclusively use volunteers and benefit a specific nonprofit group or agency.

Doesn't this statement cover FOTR and the like?

[Simple Man]

Well, when we did the Tahoe side water bar project, we had some county workers driving the front loaders, county engineers checking our work, etc. Also, FOTR is not registered as a non-profit organization. I don't believe it's been registered as any kind of formal organization.


If we were registered as non-profit I bet we could deduct our time as a donation. I don't see what we would have to pay income tax on?