S T A T E   O F   N E W   Y O R K
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                                  3306

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Commerce,  Economic
  Development and Small Business

AN  ACT to amend the economic development law, in relation to establish-
  ing the economic development program evaluation act

  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 15 to read as follows:
                                ARTICLE 15
               ECONOMIC DEVELOPMENT PROGRAM EVALUATION ACT
SECTION 270. DEFINITION.
        271. PROGRAM IMPLEMENTATION.
        272. EVALUATION.
  S 270. DEFINITION. FOR PURPOSES OF THIS ARTICLE, "ECONOMIC DEVELOPMENT
PROGRAM" SHALL MEAN A PROGRAM THAT PROVIDES SERVICES FOR THE PURPOSE  OF
EFFECTING  THE  ECONOMIC  CONDITIONS  OF THE STATE, PROVIDES TRAINING OR
EMPLOYMENT  SERVICES,  SUPPORTS  AN  ECONOMIC  DEVELOPMENT  ACTIVITY  BY
ENHANCING  THE SKILLS OF THE STATE'S WORKFORCE, PREPARES INDIVIDUALS FOR
EMPLOYMENT, IMPROVES OPPORTUNITIES FOR INDIVIDUALS TO  BECOME  EMPLOYED,
OR PROMOTES THE STATE ECONOMY.
  S 271. PROGRAM IMPLEMENTATION. 1. ON OR BEFORE SEPTEMBER FIRST, IN THE
YEAR  AFTER  THIS SECTION BECAME LAW, EACH STATE AGENCY ADMINISTRATIVELY
RESPONSIBLE FOR ECONOMIC DEVELOPMENT ACTIVITIES SHALL PREPARE A SEPARATE
PLAN FOR EACH PROGRAM THAT SUCH  AGENCY  ADMINISTERS.  EACH  PLAN  SHALL
INCLUDE A DESCRIPTION OF PROPOSED PROGRAM ACTIVITIES, A DESCRIPTION OF A
MECHANISM FOR FUNDING DISTRIBUTION, PROGRAM OBJECTIVES, POPULATION TO BE
SERVED, INSTITUTIONS ELIGIBLE TO RECEIVE FUNDS, AND A DESCRIPTION OF THE
COORDINATION  AND LINKAGES BETWEEN THIS PROGRAM AND OTHER PROGRAM ACTIV-
ITIES FUNDED SEPARATELY. SUCH PLAN  SHALL  ALSO  INCLUDE  AN  EVALUATION
COMPONENT  AS  PART  OF  THE  IMPLEMENTATION OF EACH PROGRAM WHICH SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09274-01-9
              

S. 3306                             2

DESCRIBE HOW THE AGENCY WILL MONITOR THE DELIVERY OF SERVICES UNDER  THE
PROGRAM  AND  WHICH  SHALL SET FORTH THE MEASURE OF EFFECTIVENESS OF THE
SERVICES BEING PROVIDED.
  2.  PROGRAM PLANS SHALL BE SUBMITTED TO THE DEPARTMENT, THE SPEAKER OF
THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE, FOR  REVIEW  AND
COMMENT.
  3.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT EXEMPT ANY AGENCY FROM
REQUIREMENTS RELATING TO THE PREPARATION AND SUBMISSION OF PROGRAM PLANS
PURSUANT TO ANY OTHER PROVISION OF LAW.
  S 272. EVALUATION. 1. THE EVALUATION COMPONENT OF  EACH  PROGRAM  PLAN
SHALL, AT A MINIMUM, INCLUDE THE FOLLOWING:
  (A) A STATEMENT ON LEGISLATIVE HISTORY AND INTENT;
  (B)  A  STATEMENT  OF  PROGRAM  OBJECTIVES  WHICH  IDENTIFIES OUTCOMES
ATTRIBUTABLE TO THE PROGRAM, ANTICIPATED PERFORMANCE LEVELS, AND INDICA-
TORS OF THE EFFECTIVENESS OF THE PROGRAM;
  (C) DEFINED QUANTITATIVE MEASURES WHICH WILL BE INCLUDED  AS  PART  OF
THE  EVALUATION  REPORT  INCLUDING, BUT NOT LIMITED TO, A DESCRIPTION OF
THE TARGETED POPULATION, CRITERIA FOR PARTICIPANT SELECTION,  DEMOGRAPH-
ICS ON PARTICIPANTS, MEASURES OF PROGRAM ACTIVITY, INVENTORY OF SERVICES
PROVIDED, AND BUDGET INFORMATION ON PROGRAMS AND ADMINISTRATIVE EXPENDI-
TURES  INCLUDING,  BUT NOT LIMITED TO, COSTS PER PARTICIPANT.  FOR THOSE
PROGRAMS WHERE AN OBJECTIVE IS JOB PLACEMENT, DATA SHALL INCLUDE  INFOR-
MATION  ON  THE  OCCUPATIONS  WHICH  PARTICIPANTS ENTER, THE RATE OF JOB
RETENTION, PRE-PROGRAM WAGE EARNINGS AND POST-PROGRAM WAGE  EARNINGS  AS
WELL  AS  OTHER  APPROPRIATE MEASURES WHICH INDICATE THE EXTENT TO WHICH
PROGRAM ACTIVITIES MEET PROGRAM OBJECTIVES. OTHER PERFORMANCE INDICATORS
THAT APPROPRIATELY DESCRIBE THE EFFECT OF THE  PROGRAM  AND  DATA  WHICH
REFLECTS  FOLLOW-UP  ACTIVITY APPROPRIATE TO THE SERVICES PROVIDED SHALL
ALSO BE INCLUDED AS PART OF THE EVALUATION REPORT;
  (D) A STATEMENT OF METHODOLOGY WHICH WILL RESULT IN  A  COMPARISON  OF
PROGRAM OUTCOMES AGAINST PROGRAM OBJECTIVES; AND
  (E) ANY ADDITIONAL EVALUATION INFORMATION AS MAY BE REQUIRED BY LAW.
  2.  (A)  THE  EVALUATION REPORT FOR EACH PROGRAM SHALL BE SUBMITTED TO
THE COMMISSIONER FOR REVIEW AND RECOMMENDATION.
  (B) THE REPORT SHALL INCLUDE, AT A MINIMUM, ALL PROGRAM  DATA  AND  AN
ANALYSIS  WHICH COMPARES PERFORMANCE OUTCOMES AGAINST PROGRAM OBJECTIVES
AS SPECIFIED IN THE EVALUATION COMPONENT OF  THE  PROGRAM  PLAN  DEFINED
HEREIN  AND  SHALL  INCLUDE  AN EVALUATION OF ACTIVITY FOR THE COMPLETED
PROGRAM YEAR IMMEDIATELY PRECEDING THE ISSUANCE OF  THE  REPORT  AND  AN
INTERIM EVALUATION OF CURRENT PROGRAM YEAR ACTIVITY IF APPLICABLE.
  3. BASED ON THE REVIEW CONDUCTED PURSUANT TO PARAGRAPH (A) OF SUBDIVI-
SION TWO OF THIS SECTION, THE DEPARTMENT SHALL PREPARE A UNIFIED SUMMARY
OF  EVALUATION REPORTS SUBMITTED BY EACH AGENCY PURSUANT TO THIS ARTICLE
FOR SUBMISSION TO THE SPEAKER OF THE ASSEMBLY AND THE  TEMPORARY  PRESI-
DENT  OF THE SENATE NO LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND TEN
AND EACH YEAR THEREAFTER PROVIDED, HOWEVER, THAT  THE  DEPARTMENT  SHALL
MAKE  AVAILABLE  EACH  INDIVIDUAL  PROGRAM  EVALUATION  REPORT SUBMITTED
PURSUANT TO THIS ARTICLE UPON REQUEST OF THE LEGISLATURE. THE DEPARTMENT
SHALL INCLUDE IN SUCH SUMMARY RECOMMENDATIONS TO THE  GOVERNOR  AND  THE
LEGISLATURE RELATING TO IMPROVED PROGRAM COORDINATION AND SERVICE DELIV-
ERY, PROGRAM IMPROVEMENTS OR ENHANCEMENTS AND NECESSARY STATUTORY CHANG-
ES.
  4.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT EXEMPT ANY AGENCY FROM
REQUIREMENTS PURSUANT TO ANY OTHER PROVISION OF LAW.
  S 2. This act shall take effect immediately.