Senate Bill S539A

                            
                    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.