S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    322
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M. of A. ROZIC, BLAKE, COLTON, COOK, CRESPO, CYMBROWITZ,
   D'URSO, GLICK, GOTTFRIED,  PERRY,  RIVERA,  SIMON  --  read  once  and
   referred to the Committee on Social Services
 
 AN  ACT  to  amend  the social services law, in relation to training and
   education for sustainable wage jobs and traditional and nontraditional
   employment in public assistance employment programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 330 of the social services law, as
 amended  by  section  148  of part B of chapter 436 of the laws of 1997,
 paragraphs a and b as amended by section 2 of part C of  chapter  57  of
 the laws of 2005, is amended to read as follows:
   1. Whenever used in this title:
   a.  the term "commissioner" means the commissioner of the state office
 of temporary and disability assistance; [and]
   b. the term "department" means the state office of temporary and disa-
 bility assistance;
   C.  THE TERM "NONTRADITIONAL EMPLOYMENT" MEANS OCCUPATIONS  OR  FIELDS
 OF  WORK,  INCLUDING CAREERS IN THE SKILLED TRADES, OR COMPUTER SCIENCE,
 TECHNOLOGY AND OTHER EMERGING HIGH SKILL OCCUPATIONS, FOR WHICH ANY  ONE
 GENDER  COMPRISES  LESS  THAN  TWENTY-FIVE  PERCENT  OF  THE INDIVIDUALS
 EMPLOYED IN EACH SUCH OCCUPATION OR FIELD OF WORK ACCORDING  TO  FEDERAL
 DEPARTMENT OF LABOR STATISTICS; AND
   D.  THE  TERM  "SUSTAINABLE  WAGE"  MEANS  A WAGE THAT IS AT LEAST ONE
 HUNDRED EIGHTY-FIVE PERCENT OF THE POVERTY LINE AND THAT IS ADJUSTED FOR
 REGIONAL FACTORS.
   § 2. The second undesignated paragraph of section 333  of  the  social
 services  law, as amended by section 148 of part B of chapter 436 of the
 laws of 1997, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00817-01-9

 A. 322                              2
 
   Such plan shall be developed  in  cooperation  and  coordination  with
 public  and  private education institutions, child care providers, child
 care resource and referral agencies if available in the district,  labor
 unions, libraries, public and private employers, employment and training
 agencies and organizations, and private industry councils established in
 service  delivery  areas  defined  in  subdivision  five of section nine
 hundred seventy-one of the executive law.    SUCH  PLAN  SHALL  STRONGLY
 CONSIDER,  FOR  INDIVIDUALS WHO HAVE OBTAINED A HIGH SCHOOL DIPLOMA OR A
 GENERAL EQUIVALENCY DIPLOMA (GED), TRAINING FOR  SUSTAINABLE  WAGE  JOBS
 AND  PROMOTE  NONTRADITIONAL  EMPLOYMENT  OPPORTUNITIES FOR SUCH PARTIC-
 IPANTS; PROVIDED THAT ANY INDIVIDUAL'S PREPARATION FOR EMPLOYMENT  SHALL
 BE CONSISTENT WITH FEDERAL AND STATE WORK PARTICIPATION REQUIREMENTS.
   §  3.  Paragraph  (a)  of  subdivision  1 of section 334 of the social
 services law, as amended by section 148 of part B of chapter 436 of  the
 laws of 1997, is amended to read as follows:
   (a)  education,  employment and training opportunities available under
 the local plan, including: (I) EDUCATION AND  TRAINING  FOR  SUSTAINABLE
 WAGE  JOBS  AND NONTRADITIONAL EMPLOYMENT OPPORTUNITIES; AND (II) educa-
 tional and training opportunities available at no cost  to  the  partic-
 ipant  as  well as the responsibilities associated with the repayment of
 student financial aid;
   §  4. Paragraph (a) of subdivision 2 of  section  335  of  the  social
 services  law, as amended by section 148 of part B of chapter 436 of the
 laws of 1997, is amended to read as follows:
   (a) Based on the  assessment  required  by  subdivision  one  of  this
 section,  the social services official, in consultation with the partic-
 ipant, shall develop an employability plan in writing  which  shall  set
 forth  the  services  that will be provided by the social services offi-
 cial, including but not limited to child care and other services and the
 activities in which the participant will take part, including child care
 and other services and shall  set  forth  an  employment  goal  for  the
 participant.    To  the  extent  possible,  the employability plan shall
 reflect the preferences of the participant in a manner that is  consist-
 ent with the results of the participant's assessment and the need of the
 social services district to meet federal and state work activity partic-
 ipation  requirements,  and, if such preferences cannot be accommodated,
 the reasons shall be specified in the employability plan.  The  employa-
 bility  plan  shall  also take into account the participant's supportive
 services needs, available program resources, local  employment  opportu-
 nities, AND SHALL STRONGLY CONSIDER, FOR INDIVIDUALS WHO HAVE OBTAINED A
 HIGH  SCHOOL  DIPLOMA OR A GENERAL EQUIVALENCY DIPLOMA (GED), THE POTEN-
 TIAL FOR AVAILABLE EMPLOYMENT THAT PAYS  A  SUSTAINABLE  WAGE;  PROVIDED
 THAT  ANY  INDIVIDUAL'S  PREPARATION  FOR EMPLOYMENT SHALL BE CONSISTENT
 WITH FEDERAL AND STATE WORK PARTICIPATION REQUIREMENTS;  and  where  the
 social  services official is considering an educational activity assign-
 ment for such  participant,  the  participant's  liability  for  student
 loans,  grants  and  scholarship awards. The employability plan shall be
 explained to the participant.  Any change to the participant's  employa-
 bility  plan required by the social services official shall be discussed
 with the participant and shall be documented in writing.
   § 5. Paragraph (a) of subdivision 2 of section  335-a  of  the  social
 services  law,  as  amended  by section 1 of part J of chapter 58 of the
 laws of 2014, is amended to read as follows:
   (a) Based on the  assessment  required  by  subdivision  one  of  this
 section,  the social services official, in consultation with the partic-
 ipant, shall develop an employability plan in writing  which  shall  set

 A. 322                              3
 
 forth the services that will be provided by the social services official
 and  the  activities  in which the participant will take part, including
 supportive services and shall set  forth  an  employment  goal  for  the
 participant.  To  the  extent  possible,  the  employability  plan shall
 reflect the preferences of the participant in a manner that is  consist-
 ent with the results of the participant's assessment and the need of the
 social services district to meet federal and state work activity partic-
 ipation  requirements,  and, if such preferences cannot be accommodated,
 the reasons shall be specified in the employability plan.  The  employa-
 bility  plan  also  shall take into account the participant's supportive
 services needs, available program resources, local  employment  opportu-
 nities,  AND SHALL STRONGLY CONSIDER, FOR INDIVIDUAL'S WHO HAVE OBTAINED
 A HIGH SCHOOL DIPLOMA OR A GENERAL EQUIVALENCY DIPLOMA (GED), THE POTEN-
 TIAL FOR AVAILABLE EMPLOYMENT THAT PAYS  A  SUSTAINABLE  WAGE;  PROVIDED
 THAT  ANY  INDIVIDUAL'S  PREPARATION  FOR EMPLOYMENT SHALL BE CONSISTENT
 WITH FEDERAL AND STATE WORK PARTICIPATION REQUIREMENTS;  and  where  the
 social  services official is considering an educational activity assign-
 ment for such  participant,  the  participant's  liability  for  student
 loans,  grants  and  scholarship awards. The employability plan shall be
 explained to the participant. Any change to the  participant's  employa-
 bility  plan required by the social services official shall be discussed
 with the participant and shall be documented in writing.
   § 6. This act shall take effect on the one hundred twentieth day after
 it shall have become a law, and shall apply to employability plans  made
 or updated on and after such effective date.