S T A T E   O F   N E W   Y O R K
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                                  2849

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced by M. of A. SCHIMMINGER, WEISENBERG, MORELLE, KOON, DelMONTE,
  LUPARDO,  SCHROEDER  -- Multi-Sponsored by -- M. of A. ALFANO, CAHILL,
  COOK,  DESTITO,  ENGLEBRIGHT,  GALEF,  GANTT,  HOOPER,   JOHN,   KOLB,
  V. LOPEZ, MAGEE, SWEENEY -- read once and referred to the Committee on
  Economic Development, Job Creation, Commerce and Industry

AN  ACT  to  amend the economic development law, in relation to creating
  the New York state strategic training alliance program and  to  repeal
  certain  provisions  of the urban development corporation act relating
  thereto

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

  Section  1.  The  economic  development law is amended by adding a new
article 8-A to read as follows:

                               ARTICLE 8-A
           NEW YORK STATE STRATEGIC TRAINING ALLIANCE PROGRAM
SECTION 204. LEGISLATIVE FINDINGS AND OBJECTIVES.
        205. DEFINITIONS.
        206. ADMINISTRATION.
        207. STRATEGIC TRAINING ALLIANCE PLAN.
        208. ASSISTANCE.
        209. REPORTING AND EVALUATION.
  S 204. LEGISLATIVE FINDINGS AND  OBJECTIVES.  THE  LEGISLATURE  HEREBY
FINDS  AND  DECLARES  THAT  EMPLOYER ACCESS TO A SKILLED WORKFORCE IS OF
CRITICAL IMPORTANCE TO  THE  COMPETITIVENESS  OF  THE  STATE'S  ECONOMY.
STATE ECONOMIC DEVELOPMENT ASSISTANCE THAT PROVIDES TARGETED AND CONTIN-
UOUS  SKILLS  TRAINING ASSISTANCE TO MEET THE DEMAND FOR SKILLED WORKERS
WILL SIGNIFICANTLY CONTRIBUTE TO THE ATTRACTION AND EXPANSION  OF  BUSI-
NESSES AND ENHANCE THE RATE OF JOB GROWTH IN NEW YORK STATE.
  THE   LEGISLATURE  FINDS  THAT  EXISTING  STATE  ECONOMIC  DEVELOPMENT
PROGRAMS PROVIDE NO MEANS TO IDENTIFY OR ADDRESS THE DEMAND FOR  SKILLED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03952-01-9
              

A. 2849                             2

WORKERS  WITHIN  A SPECIFIC REGION OR INDUSTRY. EXISTING STATE  ECONOMIC
DEVELOPMENT PROGRAMS ALSO OFFER NO MEANS TO EVALUATE THE IMPACT OF STATE
ASSISTANCE ON EMPLOYER DEMANDS FOR SKILLED WORKERS.
  THE  LEGISLATURE  FURTHER  FINDS THAT THROUGHOUT THE STATE, FORMAL AND
INFORMAL ASSOCIATIONS OR GROUPS OF EMPLOYERS WITHIN A PARTICULAR  INDUS-
TRY  PRESENT IMPORTANT OPPORTUNITIES FOR NEW JOB GROWTH. THESE STRATEGIC
ALLIANCES OF BUSINESSES AND INDUSTRIES OFFER A  MEANS  TO  IDENTIFY  AND
ADDRESS  THE  NEED  FOR  SKILLED  WORKERS  WITHIN A PARTICULAR REGION OR
INDUSTRY.
  THE LEGISLATURE THEREFORE FINDS AND DECLARES THAT A PROGRAM OF TARGET-
ED STATE ECONOMIC DEVELOPMENT ASSISTANCE SHALL BE ESTABLISHED TO IDENTI-
FY AND ADDRESS THE DEMAND FOR SKILLED WORKERS.  THE LEGISLATURE DECLARES
THAT SUCH ASSISTANCE SHALL BE PROVIDED TO ADDRESS THE DEMAND FOR SKILLED
WORKERS WITHIN A PARTICULAR REGION OR INDUSTRY  AND  SHALL  ADDRESS  THE
EMPLOYMENT NEEDS OF THE STATE'S EMERGING WORKFORCE.
  S  205.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "ELIGIBLE APPLICANT" MEANS:
  (A) A STRATEGIC ALLIANCE OR CONSORTIA  OF  SUCH  ALLIANCES  ACTING  IN
CONSULTATION  WITH  ONE  OR  MORE  PRIVATE INDUSTRY COUNCILS ESTABLISHED
PURSUANT TO THE FEDERAL JOB TRAINING PARTNERSHIP ACT (P.L. 97-300) OR  A
LOCAL  WORKFORCE INVESTMENT BOARD ESTABLISHED PURSUANT TO SECTION 117 OF
THE FEDERAL WORKFORCE INVESTMENT ACT (P.L. 105-220); OR
  (B) A PRIVATE INDUSTRY COUNCIL OR CONSORTIA  OF  SUCH  COUNCILS  OR  A
WORKFORCE  INVESTMENT BOARD OR CONSORTIA OF SUCH BOARDS ACTING ON BEHALF
OF ONE OR MORE STRATEGIC ALLIANCES.
  2. "STRATEGIC ALLIANCE" MEANS NETWORKS, ASSOCIATIONS, OR OTHER  GROUPS
OF  EMPLOYERS  WITHIN A TRAINING AREA, JOINED FORMALLY OR INFORMALLY FOR
PURPOSES OF SOLVING COMMON PROBLEMS OR WORKING COOPERATIVELY.
  3. "TRAINING AREA" MEANS A GEOGRAPHIC AREA  IDENTIFIED  AS  A  SERVICE
DELIVERY  AREA  OR  SERVICE  DELIVERY  AREAS PURSUANT TO THE FEDERAL JOB
TRAINING PARTNERSHIP ACT (P.L. 97-300), OR A WORKFORCE  INVESTMENT  AREA
OR  WORKFORCE INVESTMENT AREAS ESTABLISHED PURSUANT TO THE FEDERAL WORK-
FORCE INVESTMENT ACT (P.L. 105-220).
  4. "TRAINING PROVIDERS" MEANS  COMMUNITY  COLLEGES,  AGRICULTURAL  AND
TECHNICAL  COLLEGES,  INSTITUTIONS  OF HIGHER EDUCATION, LOCAL EDUCATION
AGENCIES, COMMUNITY BASED ORGANIZATIONS, OR  STRATEGIC  ALLIANCES  WHICH
PROVIDE TRAINING SERVICES IN COOPERATION WITH ANOTHER TRAINING PROVIDER.
  S  206.  ADMINISTRATION.  1.  THERE  IS  HEREBY ESTABLISHED WITHIN THE
DEPARTMENT A STRATEGIC TRAINING ALLIANCE PROGRAM TO IDENTIFY AND ADDRESS
EMPLOYER DEMANDS FOR SKILLED WORKERS WITHIN A TRAINING AREA. THE DEPART-
MENT, IN COORDINATION WITH THE NEW YORK STATE URBAN  DEVELOPMENT  CORPO-
RATION,  THE  STATE  UNIVERSITY  OF NEW YORK, THE CITY UNIVERSITY OF NEW
YORK, THE STATE EDUCATION DEPARTMENT, THE DEPARTMENT OF LABOR,  AND  ANY
OTHER  APPROPRIATE  STATE  AGENCIES, SHALL PROVIDE ASSISTANCE TO SUPPORT
TRAINING ACTIVITIES BY ELIGIBLE APPLICANTS AS AUTHORIZED BY  THIS  ARTI-
CLE.
  2. THE DEPARTMENT SHALL:
  (A)  ON OR BEFORE OCTOBER FIRST OF EACH YEAR, PROVIDE PUBLIC NOTICE TO
ELIGIBLE APPLICANTS AS TO THE AVAILABILITY OF FUNDS FOR TRAINING  PURSU-
ANT TO THIS ARTICLE;
  (B)  SOLICIT  AND  ACCEPT  FOR  REVIEW AND APPROVAL STRATEGIC TRAINING
ALLIANCE PLANS SUBMITTED PURSUANT TO SECTION TWO HUNDRED SEVEN  OF  THIS
ARTICLE;
  (C) PROMOTE AWARENESS OF THE STRATEGIC TRAINING ALLIANCE PROGRAM AMONG
BUSINESSES,  BUSINESS ORGANIZATIONS, ASSOCIATIONS AND INDUSTRY CLUSTERS,

A. 2849                             3

LABOR ORGANIZATIONS, AND REGIONAL AND LOCAL ECONOMIC  DEVELOPMENT  AGEN-
CIES;
  (D) ENSURE THAT AT LEAST FIFTY PERCENT OF THE MONEYS AVAILABLE FOR THE
PURPOSES OF THIS ARTICLE ARE USED TO ASSIST SMALL BUSINESSES; AND
  (E) ENSURE THAT AT LEAST TWENTY-FIVE PERCENT OF THE MONEYS MADE AVAIL-
ABLE  PURSUANT TO THIS ARTICLE ARE EXPENDED FOR THE PURPOSE OF ASSISTING
INDIVIDUALS WHO ARE UNEMPLOYED, ECONOMICALLY DISADVANTAGED, OR OTHERWISE
ELIGIBLE TO PARTICIPATE IN PROGRAMS PURSUANT TO THE FEDERAL JOB TRAINING
PARTNERSHIP ACT (P.L. 97-300) OR THE FEDERAL  WORKFORCE  INVESTMENT  ACT
(P.L. 105-220).
  S  207. STRATEGIC TRAINING ALLIANCE PLAN. 1. AN ELIGIBLE APPLICANT MAY
SUBMIT A PLAN FOR ASSISTANCE TO THE DEPARTMENT PURSUANT TO THIS ARTICLE.
IN THE PREPARATION OF SUCH PLAN, AN  ELIGIBLE  APPLICANT  SHALL  CONSULT
WITH LOCAL ELECTED OFFICIALS, LOCAL ECONOMIC DEVELOPMENT AGENCIES, OTHER
EMPLOYERS,  LABOR  ORGANIZATIONS,  LOCAL  EDUCATION  AGENCIES, COMMUNITY
COLLEGES, AGRICULTURAL AND TECHNICAL COLLEGES, AND OTHER INSTITUTIONS OF
HIGHER EDUCATION WITHIN THE TRAINING AREA.
  2. PLANS SUBMITTED PURSUANT TO THIS ARTICLE SHALL INCLUDE:
  (A) A BRIEF DESCRIPTION OF  THE  ECONOMY  OF  THE  TRAINING  AREA  AND
SECTORS OF ANTICIPATED JOB GROWTH OR LOSS;
  (B) A STATEMENT OF NEED FOR ASSISTANCE AND THE IDENTIFICATION OF OTHER
SOURCES  OF  PUBLIC  AND  PRIVATE  SECTOR SUPPORT AVAILABLE FOR TRAINING
ACTIVITIES WITHIN THE TRAINING AREA;
  (C) A DESCRIPTION OF THE DEMAND FOR TRAINING WITHIN THE TRAINING AREA,
BY OCCUPATION FOR EACH STRATEGIC ALLIANCE INCLUDED IN A PLAN,  INCLUDING
OCCUPATIONS FOR WHICH ANY WORKER SHORTAGES HAVE BEEN IDENTIFIED;
  (D)  A  COMMITMENT  BY STRATEGIC ALLIANCES WITHIN THE TRAINING AREA TO
PROVIDE FINANCIAL ASSISTANCE OR IN-KIND CONTRIBUTIONS IN  AN  AMOUNT  OF
NOT  LESS  THAN  FIFTY  PERCENT  OF THE FUNDS REQUESTED PURSUANT TO THIS
ARTICLE;
  (E) THE ESTIMATED NUMBER OF INDIVIDUALS TO BE  TRAINED,  NEWLY  HIRED,
AND  RETAINED  AS  A  RESULT  OF SPECIFIC PROJECTS DEVELOPED PURSUANT TO
PARAGRAPH (G) OF THIS SUBDIVISION, INCLUDING A DESCRIPTION OF PROCEDURES
TO IDENTIFY AND  REFER  INDIVIDUALS  WHO  ARE  UNEMPLOYED,  ECONOMICALLY
DISADVANTAGED, OR OTHERWISE ELIGIBLE TO PARTICIPATE IN PROGRAMS PURSUANT
TO THE FEDERAL JOB TRAINING PARTNERSHIP ACT (P.L. 97-300) OR THE FEDERAL
WORKFORCE  INVESTMENT  ACT  (P.L. 105-220) FOR POSITIONS THAT ARE EITHER
NEWLY CREATED OR FOR WHICH A VACANCY OCCURS AS A  RESULT  OF  ASSISTANCE
PROVIDED PURSUANT TO THIS ARTICLE;
  (F)  A DESCRIPTION OF ANY TELECOMMUNICATIONS, COMPUTER, OR INFORMATION
TECHNOLOGIES OR SYSTEMS TO BE USED TO DISSEMINATE TRAINING SERVICES  AND
WORKFORCE  EDUCATION  IN  PARTNERSHIP  WITH COMMUNITY COLLEGES AND OTHER
HIGHER EDUCATION INSTITUTIONS IN THE STATE;
  (G) A DESCRIPTION OF SPECIFIC TRAINING PROJECTS TO ADDRESS  THE  NEEDS
IDENTIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION, INCLUDING:
  (I) THE COST OF EACH PROJECT;
  (II)  THE  NAME  OF  EACH  EMPLOYER AND THE NUMBER OF EMPLOYEES OR NEW
HIRES TO BE SERVED;
  (III) THE TRAINING PROVIDERS FOR EACH INDIVIDUAL PROJECT;
  (IV) A DESCRIPTION OF ANY TELECOMMUNICATION, COMPUTER, OR  INFORMATION
TECHNOLOGIES  OR SYSTEMS TO BE USED TO PROVIDE A DECENTRALIZED SYSTEM TO
DISSEMINATE TRAINING SERVICES AND  WORKFORCE  EDUCATION  IN  PARTNERSHIP
WITH COMMUNITY COLLEGES AND OTHER HIGHER EDUCATION INSTITUTIONS TO STRA-
TEGIC ALLIANCES AND INDIVIDUAL EMPLOYERS; AND
  (V) ANTICIPATED OUTCOMES, INCLUDING THE NUMBER OF INDIVIDUALS TRAINED,
HIRED,  AND  RETAINED, INCLUDING UNEMPLOYED, ECONOMICALLY DISADVANTAGED,

A. 2849                             4

AND INDIVIDUALS OTHERWISE ELIGIBLE TO PARTICIPATE IN  PROGRAMS  PURSUANT
TO THE FEDERAL JOB TRAINING PARTNERSHIP ACT (P.L. 97-300) OR THE FEDERAL
WORKFORCE INVESTMENT ACT (P.L. 105-220).
  3.  WITHIN  THIRTY  DAYS  OF  THE RECEIPT OF A PLAN OR AN AMENDED PLAN
SUBMITTED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, THE COMMISSIONER
SHALL NOTIFY THE ELIGIBLE APPLICANT OF THE APPROVAL  OR  DISAPPROVAL  OF
SUCH  PLAN  OR AMENDED PLAN. THE COMMISSIONER SHALL STATE IN WRITING THE
REASONS FOR THE DISAPPROVAL OF ANY PLAN OR AMENDED PLAN.
  4. AN ELIGIBLE APPLICANT MAY SUBMIT AN AMENDMENT TO ANY PLAN  APPROVED
BY  THE  COMMISSIONER,  WHICH REFLECTS ECONOMIC CONDITIONS WHICH DID NOT
EXIST OR WERE NOT IDENTIFIED  AT  THE  TIME  OF  THE  SUBMITTAL  OF  THE
ORIGINAL  PLAN.  SUCH  AMENDMENTS  MAY INCLUDE ADDITIONS OR DELETIONS TO
PROJECTS SUBMITTED PURSUANT TO PARAGRAPH (G) OF SUBDIVISION TWO OF  THIS
SECTION.  AMENDMENTS TO AN APPROVED PLAN SHALL BE SUBMITTED IN CONSULTA-
TION  WITH LOCAL ELECTED OFFICIALS, LOCAL ECONOMIC DEVELOPMENT AGENCIES,
OTHER EMPLOYERS, LABOR ORGANIZATIONS, LOCAL EDUCATION AGENCIES, COMMUNI-
TY COLLEGES, AGRICULTURAL AND TECHNICAL COLLEGES, AND OTHER INSTITUTIONS
OF HIGHER EDUCATION WITHIN THE TRAINING AREA. SUCH AMENDED  PLANS  SHALL
MEET ALL THE REQUIREMENTS SET FORTH IN THIS SECTION AND SHALL BE SUBJECT
TO  APPROVAL  OR  DISAPPROVAL  BY THE COMMISSIONER WITHIN THIRTY DAYS OF
RECEIPT BY THE DEPARTMENT.
  S 208. ASSISTANCE. 1. ASSISTANCE PROVIDED PURSUANT TO THIS SECTION MAY
BE PROVIDED FOR THE FOLLOWING PURPOSES:
  (A) CLASSROOM TRAINING, CURRICULUM DEVELOPMENT, AND  TRAINING  MATERI-
ALS, AS APPROPRIATE;
  (B)  COSTS ASSOCIATED WITH GAINING ACCESS TO TRAINING THROUGH TELECOM-
MUNICATIONS, COMPUTER, AND INFORMATION  TECHNOLOGIES  THROUGH  COMMUNITY
COLLEGES AND OTHER HIGHER EDUCATION INSTITUTIONS IN THE STATE; AND
  (C) COSTS DOCUMENTED BY AN EMPLOYER FOR ANY IN-HOUSE TRAINING, EXCLUD-
ING WAGE SUPPLANTATION OF WORKERS BEING TRAINED.
  2.  FOR  ANY POSITIONS OPENED AS A RESULT OF ASSISTANCE PROVIDED UNDER
THIS ARTICLE, EMPLOYERS WITHIN STRATEGIC  ALLIANCES  SO  ASSISTED  SHALL
FIRST  CONSIDER  PERSONS ELIGIBLE TO PARTICIPATE IN FEDERAL JOB TRAINING
PARTNERSHIP ACT (P.L. 97-300) OR FEDERAL WORKFORCE INVESTMENT ACT  (P.L.
105-220)  PROGRAMS, WHO SHALL BE REFERRED TO THE EMPLOYER BY ADMINISTRA-
TIVE ENTITIES OF SERVICE DELIVERY AREAS CREATED PURSUANT TO SUCH ACT  OR
BY THE COMMUNITY SERVICES DIVISION OF THE DEPARTMENT OF LABOR.
  3.  ADDITIONAL  FUNDS  SHALL BE PROVIDED BY THE DEPARTMENT PURSUANT TO
THIS ARTICLE FOR STATEWIDE AND REGIONAL INITIATIVES THAT  CONTRIBUTE  TO
THE DESIGN AND DEVELOPMENT OF TELECOMMUNICATIONS, COMPUTER, AND INFORMA-
TION  TECHNOLOGIES  AND  SYSTEMS  FOR THE IMPLEMENTATION OF AN ELECTRON-
ICALLY SUPPORTED TRAINING AND WORKFORCE EDUCATION SYSTEM TO MAXIMIZE THE
DISSEMINATION OF  TRAINING  AND  WORKFORCE  EDUCATION  PRODUCTS  TO  ALL
EMPLOYERS  OR  STRATEGIC  ALLIANCES  WITHIN  A TRAINING AREA, REGION, OR
THROUGHOUT THE STATE. SUCH FUNDS PROVIDED PURSUANT TO THIS ARTICLE SHALL
BE SUBJECT TO THE REVIEW AND APPROVAL OF THE NEW YORK STATE SCIENCE  AND
TECHNOLOGY FOUNDATION.
  4.  ANY INNOVATIVE INCUMBENT WORKER TRAINING PROGRAMS WHICH ARE DEVEL-
OPED UNDER SECTION 134(A)(3)(A)(IV)(I) OF THE FEDERAL WORKFORCE  INVEST-
MENT ACT (P.L. 105-220) AND WHICH ARE FUNDED THROUGH AMOUNTS RESERVED IN
SECTIONS  128(A)  AND 133(A)(1) OF SUCH ACT SHALL BE DESIGNED, APPROVED,
AND IMPLEMENTED IN A MANNER CONSISTENT WITH  THE  REQUIREMENTS  OF  THIS
ARTICLE,  EXCEPT  THAT  ASSISTANCE  MAY  BE  PROVIDED  FOR EMPLOYER LOAN
PROGRAMS.   STRATEGIC ALLIANCES, IN COORDINATION  WITH  LOCAL  WORKFORCE
INVESTMENT  BOARDS, MAY PROPOSE PROGRAMS EITHER AS PART OF AN INTEGRATED

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TRAINING PLAN SUBMITTED PURSUANT TO SECTION TWO HUNDRED  SEVEN  OF  THIS
ARTICLE OR AS A SEPARATE PROJECT.
  S  209.  REPORTING  AND  EVALUATION.    1.  EACH ELIGIBLE APPLICANT IN
RECEIPT OF ASSISTANCE PURSUANT TO  THIS  ARTICLE  SHALL  REPORT  TO  THE
DEPARTMENT  NO  LATER  THAN  APRIL  FIRST OF EACH YEAR. THE REPORT SHALL
INCLUDE, BUT NOT BE LIMITED TO:
  (A) THE NAMES  OF  EACH  EMPLOYER  OR  STRATEGIC  ALLIANCE  WHICH  HAS
RECEIVED ASSISTANCE;
  (B) A DESCRIPTION OF THE TRAINING PROVIDED; AND
  (C)  THE  NUMBER  OF  INDIVIDUALS  TRAINED,  RETAINED, OR NEWLY HIRED,
INCLUDING THOSE WHO WERE PREVIOUSLY UNEMPLOYED,  ECONOMICALLY  DISADVAN-
TAGED,  OR OTHERWISE ELIGIBLE TO PARTICIPATE IN PROGRAMS PURSUANT TO THE
FEDERAL JOB TRAINING PARTNERSHIP ACT (P.L. 97-300) OR THE FEDERAL  WORK-
FORCE  INVESTMENT  ACT  (P.L.  105-220) FOR WHOM VACANCIES OCCURRED AS A
RESULT OF ASSISTANCE PROVIDED PURSUANT TO THIS ARTICLE.
  2. NO LATER THAN SEPTEMBER THIRTIETH OF EACH  YEAR,  THE  COMMISSIONER
SHALL REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
THE  SPEAKER  OF  THE  ASSEMBLY  ON  THE IMPLEMENTATION OF THE STRATEGIC
TRAINING ALLIANCE PROGRAM. THE REPORT SHALL INCLUDE INFORMATION ON  EACH
INDIVIDUAL  PROJECT  FUNDED  PURSUANT  TO THIS ARTICLE BY TRAINING AREA,
INCLUDING THE IDENTIFICATION OF INDIVIDUAL EMPLOYERS AND STRATEGIC ALLI-
ANCES RECEIVING ASSISTANCE, THE NUMBER OF INDIVIDUALS TRAINED,  AND  ANY
OTHER OUTCOMES AS APPROPRIATE.
  3.  THE DEPARTMENT SHALL SUBMIT TO THE DIRECTOR OF THE DIVISION OF THE
BUDGET, THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE, AND THE  CHAIR-
PERSON  OF  THE  ASSEMBLY WAYS AND MEANS COMMITTEE AN EVALUATION OF THIS
PROGRAM PREPARED BY AN ENTITY INDEPENDENT OF THE DEPARTMENT. SUCH EVALU-
ATION SHALL BE SUBMITTED BY SEPTEMBER FIRST, TWO THOUSAND ELEVEN AND  BY
SEPTEMBER FIRST EVERY TWO YEARS THEREAFTER.
  S  2.  Section  16-j  of section 1 of chapter 174 of the laws of 1968,
constituting the urban development corporation act, is REPEALED.
  S 3. This act shall take effect immediately.