senate Bill S539A

2013-2014 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 businesses

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to commerce, economic development and small business
Mar 25, 2013 print number 539a
amend and recommit to finance
Feb 12, 2013 reported and committed to finance
Jan 09, 2013 referred to commerce, economic development and small business

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S539 - Bill Details

Current Committee:
Senate Commerce, Economic Development And Small Business
Law Section:
Economic Development Law
Laws Affected:
Add Art 19-A §415, Ec Dev L
Versions Introduced in 2011-2012 Legislative Session:
S7669

S539 - Bill Texts

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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.

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BILL NUMBER:S539

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:
2012: S.7669 Referred to Rules

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.

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

                                   539

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03048-01-3

S. 539                              2

  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.
  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

S. 539                              3

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
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 SIXTEEN 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;

S. 539                              4

  (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;
  (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 SIXTEEN 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.

Co-Sponsors

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S539A (ACTIVE) - Bill Details

Current Committee:
Senate Commerce, Economic Development And Small Business
Law Section:
Economic Development Law
Laws Affected:
Add Art 19-A §415, Ec Dev L
Versions Introduced in 2011-2012 Legislative Session:
S7669

S539A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S539A

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 staffed by representatives including SUN? faculty and management
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: 2012: S.7669 Referred to Rules


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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 539--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. KENNEDY, DILAN, GIPSON, GRISANTI, HASSELL-THOMPSON,
  MONTGOMERY, PERKINS, SAMPSON -- read twice and  ordered  printed,  and
  when  printed  to  be committed to the Committee on Commerce, Economic
  Development and Small Business -- reported favorably from said commit-
  tee and committed to the Committee on Finance -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03048-02-3

S. 539--A                           2

                              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.
  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 FACULTY MEMBERS AND MANAGEMENT REPRESENTING THE
INVOLVED ACADEMIC 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 WHICH SHALL BE PURSUANT TO SECTION THREE OF THE CHAPTER  OF  THE

S. 539--A                           3

LAWS  OF  TWO THOUSAND THIRTEEN WHICH ADDED THIS SECTION; (8) THE ANTIC-
IPATED 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  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
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  OR  ACADEMIC  INSTITUTION  FOR  PURPOSES  TO INCLUDE, BUT NOT BE
LIMITED TO, ANY DIRECT OR INDIRECT COSTS OF ADMINISTERING THE PROGRAM IN
SUCH INSTITUTION NOT CONTAINED IN THE APPLICATION 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.
  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 WHICH SHALL BE PURSUANT  TO  SECTION
THREE  OF  THE  CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED
THIS SECTION, 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 HAVE FACULTY DEVELOP
A CURRICULUM TO SUIT THE NEEDS OF LOCAL AND REGIONAL BUSINESSES AS IDEN-
TIFIED  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 SIXTEEN 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.

S. 539--A                           4

  (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;
  (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 SIXTEEN 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. Notwithstanding any law, rule or regulation to the contrary, the
state university of New York or any state university of New York  commu-
nity college or local sponsor of any state university of New York commu-
nity  college shall not contract out to any for profit corporation, not-
for-profit   corporation,   university   campus   foundation,   research
foundation,  alumni  foundation,  limited  liability  corporation or any
other affiliated corporation of the state university of New York or  any
entity  organized by the chancellor or by any other administrative offi-
cial of the state university  of  New  York  or  any  other  entity  for
instruction  or  for any pedagogical functions or services in any center
of workforce achievement program. Provided further,  any  administrative
services  and  professional services currently being performed by public
employees in a state university of New York community  college  or  such
services that are similar in scope and nature as those services provided
in  any  center  of  workforce  achievement program shall continue to be
provided by public  employees  in  a  center  of  workforce  achievement
program.  All  employees  of any center of workforce achievement program
shall be public employees and all their rights  and  benefits  shall  be
afforded  pursuant  to  article  14  of  the civil service law. Provided
further, nothing in this act shall result in  the  displacement  of  any
currently  employed  worker  of a state university of New York community
college or the loss of position, (including partial displacement such as
reduction in the hours of non-overtime, wages or employment benefits) or

S. 539--A                           5

result in the impairment of existing contracts for services  or  collec-
tive  bargaining  rights pursuant to existing agreements. No services or
work currently performed by public employees shall be privatized by  the
state  university  of New York or state university of New York community
college or local sponsor of any state university of New  York  community
college or by any other entity and provided further, no services or work
of  any  future  positions  or titles established or created directly or
indirectly as a result of this  act  shall  be  provided  by  any  other
employees  or  any  other entity affiliated or associated with the state
university of New York pursuant to this act.
  S 4. This act shall take effect immediately.

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