NY State Senate Bill 2011-S7669

Senate Bill S7669

2011-2012 Legislative Session

Relates to establishing centers of workforce achievement programs and of public/private partnerships between the state university of New York's community colleges and private business

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 13, 2012	referred to rules

2011-S7669 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Economic Development Law
Laws Affected:: Add Art 19-A §415, Ec Dev L
Versions Introduced in 2013-2014 Legislative Session:: S539

2011-S7669 (ACTIVE) - Summary

Establishes centers of workforce achievement to advance the creation of public/private partnerships between the state university of New York's community colleges and private businesses.

2011-S7669 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7669

TITLE OF BILL:
An act
to amend the economic development law, in relation to establishing
centers of workforce
achievement

PURPOSE:
This bill establishes Centers of Workforce Achievement Programs,
public/private partnerships between SUNY community colleges and
private businesses.

SUMMARY OF PROVISIONS:
Section 1 states the legislative intent of this bill, which is to
advance the creation of public/private partnerships between SUNY
community colleges and private businesses by instituting the
designation of Centers of Workforce Achievement, and the creation of
a funding stream to support the creation and development of these
centers of workforce development and training.

Section 2 adds a new article 19-A to the economic development law,
establishing the Centers of Workforce Achievement.

Section 415 of Article 19-A outlines the designation and purpose of
these Centers of Workforce Achievement. These centers will be

established for the purpose of fostering collaboration between SUNY
community colleges and the private business sector to develop a
skilled workforce that meets the needs of the regional and local
community. The Centers will be overseen by the SUNY Board of Trustees
and will function similar to Centers of Excellence; funding for these
centers is predicated upon the formation of a Center of Workforce
Achievement program and financing plan that is designed to meet the
needs of the workforce in the region and outlines anticipated
workforce development benefits. Partnerships entered into by
community colleges with private businesses will ensure that once the
workers are trained, a job is available for each student.

JUSTIFICATION:
One of the most pressing challenges facing New York state is the need
to educate and train its workforce to meet the demands of a new and
changing economic landscape. Many community colleges throughout the
state have been forming public/private partnerships with local
manufacturing and technology businesses in order to address the gap
between what jobs are available and the skills possessed by the local
workforce. It is estimated that up to 80% of community college
graduates remain in the area, and as technologies and industries
evolve, our education system must also evolve to create a workforce
that is equipped with the skills to perform these new jobs.

Centers of Workforce Achievement will advance the creation of these
highly productive partnerships. and ensure a high degree of
collaboration between educational systems and workforce investment
boards, industrial development agencies and private businesses. These
Centers will create an intense focus on the regional needs of
existing NY businesses and, by training workers to fit these needs,


will also keep jobs in New York state while putting people back to
work.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Funding for this program will be subject to legislative approval and,
as such, there is no immediate fiscal impact.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S7669 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7669

                            I N  S E N A T E

                              June 13, 2012
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the economic development law, in relation to  establish-
  ing centers of workforce achievement

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The purpose of this act is  to  advance
the creation of public/private partnerships between the state university
of  New  York's community colleges and private businesses by instituting
the designation of centers of workforce achievement; the creation  of  a
designation  of center of workforce achievement; the creation of a fund-
ing stream to support the creation and development of these  centers  of
workforce development and training. The designation as a center of work-
force  achievement  will  allow community colleges to form collaborative
partnerships  with  regional  workforce  investment  boards,  industrial
development  agencies,  and  private businesses to accurately assess the
gap between middle skill and high skills training and the jobs that  are
available  in each region.  Many community colleges are already engaging
in public/private partnerships with local businesses.  It  is  estimated
that  up  to eighty percent of community college graduates remain in the
area and as technologies and industries  evolve,  our  education  system
must  also evolve to create a workforce that is equipped with the skills
to perform these new jobs.
  S 2. The economic development law is amended by adding a  new  article
19-A to read as follows:
                               ARTICLE 19-A
                          CENTERS OF WORKFORCE
                           ACHIEVEMENT PROGRAM
SECTION 415. CENTERS OF WORKFORCE ACHIEVEMENT PROGRAM.
  S  415. CENTERS OF WORKFORCE ACHIEVEMENT PROGRAM. THE CENTERS OF WORK-
FORCE ACHIEVEMENT PROGRAM IS  HEREBY  ESTABLISHED  FOR  THE  PURPOSE  OF
FOSTERING  COLLABORATION  BETWEEN  THE  STATE  UNIVERSITY  OF NEW YORK'S
COMMUNITY COLLEGES AND THE PRIVATE BUSINESS SECTOR TO DEVELOP A  SKILLED
WORKFORCE THAT MEETS THE NEEDS OF THE LOCAL AND REGIONAL COMMUNITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD16161-02-2

S. 7669                             2

  1. SUCH CENTERS SHALL BE DESIGNATED TO OPERATE PURSUANT TO THIS ACT IN
AREAS IDENTIFIED BY THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES
AND  THE  DEPARTMENT  AND  AS  HAVING SIGNIFICANT POTENTIAL FOR ECONOMIC
GROWTH AND JOB CREATION IN NEW YORK.
  2.  (A)  AS  A  CONDITION OF RECEIPT OF SUPPORT AUTHORIZED PURSUANT TO
THIS SECTION, EACH  STATE  UNIVERSITY  OF  NEW  YORK  COMMUNITY  COLLEGE
PARTICIPATING  IN  THE  CENTERS  OF  WORKFORCE ACHIEVEMENT PROGRAM SHALL
ANNUALLY SUBMIT TO THE STATE UNIVERSITY OF NEW YORK'S BOARD OF  TRUSTEES
AND THE DEPARTMENT A PLAN AND CURRICULUM PURSUANT TO SUBDIVISION FOUR OF
THIS  SECTION  WHICH IDENTIFIES THE LOCAL AND REGIONAL BUSINESS NEEDS AS
THEY PERTAIN TO WORKFORCE DEVELOPMENT AND TRAINING AND HOW THE COMMUNITY
COLLEGE IS WORKING TO RECRUIT AND TRAIN STUDENTS TO FULFILL SUCH NEEDS.
  (B) NO AWARD OR DISBURSEMENT OF FUNDS PURSUANT TO THE CENTER OF  WORK-
FORCE  ACHIEVEMENT  PROGRAM SHALL BE MADE UNTIL: (I) APPLICANT COLLEGES,
IN CONSULTATION WITH STATE UNIVERSITY OF NEW YORK'S  BOARD  OF  TRUSTEES
AND  THE  DEPARTMENT,  HAVE  PREPARED  A CENTER OF WORKFORCE ACHIEVEMENT
PROGRAM AND FINANCING PLAN FOR  EACH  CENTER  OF  WORKFORCE  ACHIEVEMENT
WHICH  SHALL  SPECIFY:  (1)  THE  PURPOSES AND PLANS FOR ANY FACILITIES,
EQUIPMENT,  AND  FEATURES  TO  BE  INCLUDED  IN  SUCH  PROGRAM;  (2)   A
DESCRIPTION  OF  THE  CONSORTIUM OF INSTITUTIONS/ORGANIZATIONS INVOLVED,
THEIR RESPONSIBILITIES AND CONTRIBUTIONS, AND THE STRUCTURE  AND  GOVER-
NANCE  OF  THE COLLABORATION, PROVIDED THAT SUCH CONSORTIUM'S GOVERNANCE
STRUCTURE SHALL  INCLUDE  MEMBERS  REPRESENTING  THE  INVOLVED  ACADEMIC
AND/OR  RESEARCH INSTITUTIONS, BUSINESS PARTNERS, AND REPRESENTATIVES OF
THE LOCAL BUSINESS COMMUNITY; (3) EVIDENCE OF  THE  LEVEL  OF  NON-STATE
FINANCING  COMMITTED  TO  THE PROGRAM BY SUCH COLLABORATING PARTIES; (4)
EFFORTS TO OBTAIN AND ADMINISTER CORPORATE,  FEDERAL  AND/OR  FOUNDATION
SUPPORT;  (5)  EVIDENCE THAT STATE FUNDING PROVIDED PURSUANT TO THIS ACT
REPRESENT NO MORE THAN TWENTY-FIVE PERCENT OF THE TOTAL PROJECT COSTS AS
THEN ESTIMATED BY THE STATE UNIVERSITY OF NEW YORK'S BOARD OF  TRUSTEES.
PROVIDED  THAT,  IN  ESTIMATING  SUCH  PERCENTAGE, THE CORPORATION SHALL
CONSIDER MATCHING FUNDS FROM THE PROJECT SPONSOR OR OTHER SOURCES IN THE
FORM OF ALLOCATED FUNDS (CASH); IN-KIND PERSONNEL, EQUIPMENT OR MATERIAL
DONATIONS; FEDERAL FUNDS REASONABLY ANTICIPATED TO BE  RECEIVED  BY  THE
PROJECT  SPONSORS;  SIGNIFICANT  FINANCIAL  CONTRIBUTIONS TO THE PROJECT
SPONSOR; PRORATED OPERATIONAL COSTS; OR COMBINATIONS OF THESE FORMS.  IN
THE  EVENT  THAT  A  PROJECT  SPONSOR REQUESTS FUNDING IN EXCESS OF SUCH
TWENTY-FIVE PERCENT LIMIT, UPON THE RECOMMENDATION OF THE STATE  UNIVER-
SITY OF NEW YORK'S BOARD OF TRUSTEES THE DIRECTOR OF THE DIVISION OF THE
BUDGET  MAY  AUTHORIZE  THE PROVISION OF CENTER OF WORKFORCE ACHIEVEMENT
FUNDING PURSUANT TO THE AUTHORITY ESTABLISHED IN THIS SECTION OR DIRECT-
LY APPROPRIATED BY THE STATE IN EXCESS OF TWENTY-FIVE PERCENT  OF  TOTAL
PROJECT  COSTS;  (6)  A  DETAILED  FINANCIAL  PLAN AND TIME LINE FOR THE
PROPOSED PROJECT INCLUDING TOTAL  PROJECT  COST,  SOURCES  AND  USES  OF
FUNDS,  AND  OPERATING BUDGETS; (7) AN APPROPRIATE PLAN FOR THE DEVELOP-
MENT, STAFFING, OPERATION, AND CONTINUING USE  AND  DEVELOPMENT  OF  THE
PROGRAM;  (8)  THE  ANTICIPATED  WORKFORCE DEVELOPMENT BENEFITS; AND (9)
SUCH OTHER INFORMATION AS THE STATE UNIVERSITY OF NEW  YORK'S  BOARD  OF
TRUSTEES SHALL REQUIRE.
  (C) ONCE THE CERTIFIED PROGRAM AND FINANCING PLAN HAS BEEN APPROVED BY
THE  BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK THE FINANCING
PLAN SHALL BE SUBMITTED TO THE DIRECTOR OF THE DIVISION  OF  THE  BUDGET
AND  COPIES  OF SUCH PLAN SHALL BE FILED WITH THE CHAIRMAN OF THE SENATE
FINANCE COMMITTEE AND THE  CHAIRMAN  OF  THE  ASSEMBLY  WAYS  AND  MEANS
COMMITTEE.  (1)  ANY  AMENDMENT  TO  A  CENTER  OF WORKFORCE ACHIEVEMENT
PROGRAM AND FINANCING PLAN MUST BE REVIEWED, APPROVED AND  CERTIFIED  BY

S. 7669                             3

THE  BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK AND SUBMITTED
TO THE DIRECTOR OF THE DIVISION OF THE BUDGET PRIOR TO ADOPTION PURSUANT
TO THE REQUIREMENTS OF THIS SECTION; AND, UPON ADOPTION, FILED WITH  THE
CHAIRMAN  OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE ASSEM-
BLY WAYS AND MEANS COMMITTEE.
  (2) NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
NO MORE THAN THREE AND ONE-HALF OF ONE PERCENT OF ANY GRANT ISSUED UNDER
THE CENTERS OF WORKFORCE ACHIEVEMENT PROGRAM MAY  BE  ALLOCATED  TO  ANY
PUBLIC,  NOT-FOR-PROFIT  OR ACADEMIC INSTITUTION OR TO ANY SUBSIDIARY OR
ORGANIZATION ASSOCIATED THEREOF FOR PURPOSES  TO  INCLUDE,  BUT  NOT  BE
LIMITED TO, ANY DIRECT OR INDIRECT COSTS OF ADMINISTERING THE PROGRAM IN
SUCH  INSTITUTION, SUBSIDIARY OR ASSOCIATION NOT CONTAINED IN THE APPLI-
CATION REQUESTING SUCH FUNDS, PROVIDED HOWEVER THAT  NO  MONIES  GRANTED
UNDER  THE  CENTERS  OF  ACHIEVEMENT PROGRAM MAY BE USED TO SUPPLANT ANY
DIRECT OR INDIRECT COSTS OF SUCH INSTITUTION, SUBSIDIARY  OR  ASSOCIATED
ORGANIZATION.
  3.  (A) FROM SUCH FUNDS AS MAY BE APPROPRIATED FOR THIS PURPOSE BY THE
LEGISLATURE, THE STATE UNIVERSITY OF NEW YORK'S BOARD  OF  TRUSTEES  MAY
PROVIDE FINANCIAL SUPPORT, THROUGH CONTRACTS OR OTHER MEANS, IN ORDER TO
ENHANCE AND ACCELERATE CENTER OPERATIONS IN JOINT COLLEGE/INDUSTRY WORK-
FORCE  TRAINING. FUNDS RECEIVED PURSUANT TO THIS SECTION MAY BE USED FOR
THE EMPLOYMENT OF FACULTY AND STAFF, PROVISION OF GRADUATE  FELLOWSHIPS,
OR  OTHER OPERATING EXPENSES THAT ARE ALIGNED WITH THE CENTER'S STRATEGY
AND APPROVED BY THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES.
  (B) FUNDS SHALL BE MATCHED ON A ONE TO ONE BASIS  BY  THE  INSTITUTION
RECEIVING  THE  FUNDS  AND COLLABORATIVE PARTNERS IN THE FORM OF CASH OR
IN-KIND PERSONNEL, EQUIPMENT, MATERIAL DONATIONS, AND OTHER FACILITY AND
OPERATIONS EXPENDITURES.
  4. (A) EACH PARTICIPATING COMMUNITY COLLEGE SHALL DEVELOP A CURRICULUM
TO SUIT THE NEEDS OF LOCAL AND  REGIONAL  BUSINESSES  AS  IDENTIFIED  IN
THEIR  PLAN  PURSUANT  TO  SUBDIVISION  TWO  OF THIS SECTION AND WORK TO
RECRUIT STUDENTS TO EDUCATE THEM AND TURN THEM INTO A SKILLED  WORKFORCE
THAT MEETS THE NEEDS OF THE LOCAL BUSINESS SECTOR.
  (B)  PARTICIPATING  COMMUNITY  COLLEGES  SHALL ENTER INTO PARTNERSHIPS
WITH SELECTED PRIVATE BUSINESSES TO ENSURE THAT  ONCE  THE  WORKERS  ARE
TRAINED,  A  JOB WILL BE AVAILABLE FOR THEM. SUCH PROCESS MAY BE FACILI-
TATED THROUGH INTERNSHIP  PROGRAMS  WHICH  ALLOW  STUDENTS  TO  WORK  IN
SELECTED  BUSINESS  FOR  CREDIT  HOURS AT THE COMMUNITY COLLEGE OR OTHER
MEANS AS THE COLLEGE SHALL DEEM APPROPRIATE. SUCH  CURRICULUM  SHALL  BE
SPECIALIZED  WITH  THE  GOAL OF MEETING THE REGIONAL DEMANDS OF BUSINESS
ENTITIES.
  5. (A) THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES SHALL,  ON
OR  BEFORE FEBRUARY FIRST, TWO THOUSAND FIFTEEN AND EVERY YEAR THEREAFT-
ER, SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE  SENATE  AND
THE  SPEAKER  OF THE ASSEMBLY A REPORT ON THE OPERATIONS AND ACCOMPLISH-
MENTS OF THE CENTERS OF WORKFORCE ACHIEVEMENT.
  (B) THE ANNUAL REPORT SHALL  PROVIDE,  BUT  NOT  BE  LIMITED  TO,  THE
FOLLOWING INFORMATION FOR EACH CALENDAR YEAR:
  (I) THE PURPOSES FOR WHICH CENTER FACILITIES, EQUIPMENT, AND PERSONNEL
WERE UTILIZED;
  (II)  A DETAILED OPERATING BUDGET, INCLUDING THE AMOUNT OF STATE FUNDS
RECEIVED, AS WELL AS IDENTIFICATION OF EACH SOURCE  OF  FEDERAL,  STATE,
LOCAL OR PRIVATE FUNDS, INCLUDING IN-KIND CONTRIBUTIONS;
  (III) AN ACCOUNTING OF CAPITAL EXPENDITURES, IDENTIFYING THE AMOUNT OF
STATE  FUNDS  UTILIZED, AS WELL AS EACH SOURCE OF FEDERAL, STATE, LOCAL,
OR PRIVATE FUNDS, INCLUDING IN-KIND CONTRIBUTIONS;

S. 7669                             4

  (IV) A DESCRIPTION OF THE GOVERNANCE STRUCTURE OF THE CENTER INCLUDING
THE RESPECTIVE ROLES OF COLLABORATING PARTNERS;
  (V) THE ECONOMIC IMPACT OF THE ACTIVITIES UNDERTAKEN WITH STATE FUNDS,
INCLUDING  SUCH FACTORS AS JOBS CREATED AND MAINTAINED; AND OTHER TANGI-
BLE EVIDENCE OF RECOGNITION; AND THE METHODOLOGY UTILIZED  TO  DETERMINE
SUCH IMPACT.
  6.  THE  STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES SHALL, ON OR
BEFORE FEBRUARY FIRST, TWO THOUSAND FIFTEEN AND EVERY  YEAR  THEREAFTER,
SUBMIT  TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY AN OVERALL STRATEGIC PLAN  FOR  THE  CENTERS  OF
ACHIEVEMENT PROGRAM.
  (A)  THE  PLAN SHALL INCLUDE THE BROAD FOCUS AND MISSION OF THE CENTER
AND THE STRATEGIES USED TO DETERMINE THAT FOCUS INCLUDING BUT NOT LIMIT-
ED TO COLLABORATION WITH LOCAL AND REGIONAL ECONOMIC  DEVELOPMENT  ENTI-
TIES TO DETERMINE CURRENT WORKFORCE NEEDS.
  (B)  SUCH  PLAN  SHALL  ALSO  INCLUDE THE METRICS THAT WILL BE USED TO
DETERMINE WHETHER AND TO WHAT DEGREE  EACH  CENTER  IS  MAINTAINING  ITS
FOCUS AND FULFILLING ITS MISSION.
  (C)  THE  PLAN  SHALL BE ASSESSED BY THE GOVERNING BOARD OF THE CENTER
AND REVISED ANNUALLY AS APPROPRIATE. ANY REVISIONS SHALL BE SUBMITTED TO
STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES FOR APPROVAL.
  7. THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES SHALL REGULATE
THIS PROGRAM, AND DESIGNATION WILL BE SUBJECT TO LEGISLATIVE APPROVAL.
  S 3. This act shall take effect immediately.

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