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

                                  2853

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by M. of A. SCHIMMINGER, KOON, GUNTHER -- Multi-Sponsored by
  -- M. of A. COOK, DelMONTE, DESTITO, KOLB, MORELLE, TOWNS -- read once
  and referred to the Committee on Economic Development,  Job  Creation,
  Commerce and Industry

AN ACT to amend the urban development corporation act and the labor law,
  in relation to eliminating the department of labor from the management
  of the strategic training alliance program

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

  Section 1. Section 16-j of section 1 of chapter 174  of  the  laws  of
1968,  constituting the urban development corporation act, as amended by
chapter 624 of the laws of 1999, is amended to read as follows:
  S 16-j. Strategic  training  alliance  program.  1.  Program  created.
Pursuant  to  this  section [and article 24-A of the labor law] there is
hereby established within the corporation [and the department of  labor]
a  strategic  training alliance program to identify and address employer
demands for skilled workers. The  corporation  [and  the  department  of
labor]  may  cooperate  with the department of economic development, the
state university of New York, the  city  university  of  New  York,  THE
DEPARTMENT  OF  LABOR,  and the state education department, in providing
support within amounts available for the program for training activities
by an eligible applicant which is defined as an employer or an  employer
in  conjunction  with  a  labor  organization,  a  strategic alliance or
network or association of employers with common problems or concerns,  a
private  industry council established pursuant to the federal job train-
ing partnership act (P.L. 97-300) [or],  one  or  more  local  workforce
investment  boards established pursuant to the federal workforce invest-
ment act (P.L. 105-300) OR AN ELIGIBLE TRAINING PROVIDER representing  a
strategic alliance.
  2.  Project  plans. (a) Project plans shall be submitted to the corpo-
ration [or the department of labor] by applicants.  The corporation [and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03946-01-9
              

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the department of labor] shall, upon receipt of project plans, [jointly]
review such plans in order to assure that they are  approved  or  disap-
proved  within the time limits set forth in paragraph (c) of this subdi-
vision.
  (b) Plans submitted pursuant to this article shall include:
  (i) documentation of the need for such training;
  (ii) the type of training and the number of individuals to be trained;
  (iii)  a  commitment  of a cash or in-kind contribution to the cost of
the project;
  (iv) a commitment to first consider individuals  who  are  unemployed,
dislocated,  or  economically  disadvantaged for employment in positions
created as a result of training;
  (v) the identification of  an  eligible  training  provider  which  is
defined  as  a community college, agricultural and technical college, an
institution of higher education, a local education agency,  a  community
based  organization  [or];  a  strategic  alliance PROVIDING TRAINING IN
COOPERATION WITH ANOTHER TRAINING PROVIDER;
  (vi) the identification of specific projects to be assisted; and,
  (vii) a description of technologies to  be  used  to  disseminate  the
training to participating employers.
  (c)  The  corporation  [and  the  department of labor] shall [jointly]
approve or disapprove project plans within thirty  days  of  receipt  of
such plans.
  3.  Assistance. (a) Assistance provided by the corporation to eligible
applicants pursuant to [the joint approval involving the  department  of
labor  set  forth in] this article shall be used for the costs of class-
room training, curriculum development, and training materials associated
with on the job  training,  skills  upgrading,  skills  retraining,  THE
ADMINISTRATIVE COSTS WHICH SHALL NOT EXCEED FIVE PERCENT OF THE TOTAL OF
THE  APPROVED PROJECT BUDGET WHERE THE ELIGIBLE APPLICANT IS A STRATEGIC
ALLIANCE OR NETWORK OR ASSOCIATION OF EMPLOYEES WITH COMMON CONCERNS  OR
AN  ELIGIBLE  TRAINING  PROVIDER  REPRESENTING A STRATEGIC ALLIANCE, and
basic skills training; and
  (b) The corporation [and the department of labor] shall ensure that:
  (i) not less than twenty percent of the  program  funds  are  used  in
support  of  projects that assist small businesses as defined in section
one hundred thirty-one of the economic development law; and
  (ii) not less than twenty percent of program funds are used in support
of projects that assist strategic alliances or networks or  associations
of employers with common problems or concerns.
  (c)  The  corporation [and the department of labor] may within amounts
available for the program provide  additional  funds  for  regional  and
statewide initiatives that lead to the development and implementation of
an electronically supported training and workforce education system.
  4.  Report  and evaluation. (a) The corporation [and the department of
labor] shall report to the legislature annually identifying the  employ-
ers  or  alliances  receiving  training assistance, the type of training
provided, and the number of individuals trained and newly hired  includ-
ing those who were previously unemployed or economically disadvantaged.
  (b)  The  corporation [and the department of labor] shall also provide
for an independent evaluation of the program on or before June 1,  2002,
and  every  three  years  after.    The cost of such evaluation shall be
deemed to be an eligible expense of the New York state strategic  train-
ing alliance program.
  S 2. Section 850 of the labor law, as added by chapter 624 of the laws
of 1999, is amended to read as follows:

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  S  850.  Legislative  findings  and  objectives. The federal Workforce
Investment Act of 1998 (P.L.  105-220),  establishes  a  flexible  state
framework  for  a  national  workforce preparation and employment system
designed to meet the needs  of  the  state's  businesses,  job  seekers,
incumbent  workers  and  economic development priorities. The department
shall be the state's lead workforce investment and  development  agency.
[The  state  strategic  training  alliance  program has been established
jointly within the department and the urban development  corporation  to
leverage  maximum  federal workforce investment act resources to address
businesses' demand for a  skilled  workforce  to  ensure  the  continued
economic  growth of the state and minimize duplication of services among
partner agencies.]
  S 3. This act shall take effect immediately.