Senate Bill S9001

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9001
 
                             I N  S E N A T E
 
                            September 23, 2020
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the labor law, in  relation  to  the  identification  of
   sectors  of  the  local  and  regional economy with anticipated growth
   and/or potential for future growth and the assessment  of  underrepre-
   sentation of women in such sectors; and to amend the education law, in
   relation  to  establishing the New York state underrepresented women's
   incentive award
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent. In order to promote economic growth,
 New York must pursue a workforce that is both skilled  and  diverse.  In
 pursuit  of  this  goal,  the legislature seeks to identify sectors that
 will benefit from additional workforce development, further identify  in
 which  of  those  sectors  women  are  historically underrepresented and
 increase the number of women trained to work in those sectors.
   § 2. The labor law is amended by adding a new section 10-d to read  as
 follows:
   § 10-D. UNDERREPRESENTED  WORKFORCE  DEVELOPMENT.  1.  AS USED IN THIS
 SECTION:
   (A) "LOCAL WORKFORCE DEVELOPMENT BOARD" MEANS A LOCAL BOARD THAT  SETS
 POLICY  FOR WORKFORCE DEVELOPMENT WITHIN THE LOCAL AREA, AS SET FORTH IN
 SECTION 107 OF THE FEDERAL WORKFORCE INNOVATION AND OPPORTUNITY  ACT  OF
 2014 (PUBLIC LAW NO. 113-128); AND
   (B) "NEW YORK STATE UNDERREPRESENTED WOMEN'S INCENTIVE AWARD" MEANS AN
 AWARD  THAT  PROVIDES EITHER FREE TUITION OR AN EDUCATIONAL GRANT AS SET
 FORTH IN SECTION SIX HUNDRED SIXTY-NINE-I OF THE EDUCATION LAW, OR  THAT
 COVERS  COSTS  ASSOCIATED  WITH  ENROLLMENT IN A CERTIFICATION OR DESIG-
 NATION PROGRAM.
   2. EACH LOCAL WORKFORCE DEVELOPMENT BOARD SHALL CONVENE, AT LEAST ONCE
 ANNUALLY, A GROUP OF STAKEHOLDERS TO IDENTIFY  SECTORS  FOR  GROWTH  AND
 ENHANCED  REPRESENTATION.  STAKEHOLDERS  MAY  INCLUDE  LOCAL CHAMBERS OF
 COMMERCE, INDUSTRIAL DEVELOPMENT AGENCIES, EMPLOYERS, AREA TRADE UNIONS,
 INSTITUTIONS OF HIGHER EDUCATION, AND OTHER  APPROPRIATE  PARTIES.  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17269-04-0

 S. 9001                             2
 
 STAKEHOLDERS  SHALL  IDENTIFY  SECTORS OF THE LOCAL AND REGIONAL ECONOMY
 WITH ANTICIPATED GROWTH AND/OR POTENTIAL FOR FUTURE  GROWTH  AND  ASSESS
 WORKFORCE  DEVELOPMENT  NEEDS  ASSOCIATED  WITH SUCH GROWTH. AMONG THOSE
 SECTORS  IDENTIFIED,  LOCAL  WORKFORCE  DEVELOPMENT BOARDS SHALL FURTHER
 IDENTIFY IN WHICH SECTORS WOMEN ARE HISTORICALLY UNDERREPRESENTED. THESE
 SHALL BE KNOWN AS "SECTORS FOR GROWTH AND ENHANCED REPRESENTATION".
   3. ONCE SECTORS FOR GROWTH AND ENHANCED REPRESENTATION ARE IDENTIFIED,
 LOCAL WORKFORCE DEVELOPMENT BOARDS SHALL WORK WITH EDUCATIONAL PROVIDERS
 TO DEVELOP EDUCATIONAL PATHWAYS SUITABLE FOR GRADES NINE THROUGH  TWELVE
 LEADING  TO  A  CAREER  IN  THOSE SECTORS. SUCH PATHWAYS MAY BE PROVIDED
 THROUGH BOARDS OF COOPERATIVE EDUCATIONAL  SERVICES  (BOCES),  COMMUNITY
 COLLEGES,  OR  OTHER  ENTITIES.  PATHWAYS  MAY  LEAD TO CERTIFICATION OR
 COLLEGE CREDIT, AND SHALL BE PROVIDED FREE OF  CHARGE  TO  PARTICIPATING
 FEMALES.  ENTITIES  PROVIDING  SUCH  COURSES MAY BE REIMBURSED FOR THEIR
 SERVICES.
   4. LOCAL WORKFORCE DEVELOPMENT BOARDS SHALL  ALSO  IDENTIFY  ASSOCIATE
 AND  BACHELOR  DEGREE  PROGRAMS  THAT  SUPPORT  SECTORS  FOR  GROWTH AND
 ENHANCED REPRESENTATION. WOMEN ENROLLING  IN  THESE  PROGRAMS  SHALL  BE
 ELIGIBLE FOR A NEW YORK STATE UNDERREPRESENTED WOMEN'S INCENTIVE AWARD.
   5.  THE  DEPARTMENT  OF  LABOR  SHALL BE DISTRIBUTED FUNDS, SUBJECT TO
 APPROPRIATION, FOR THE PURPOSE OF CARRYING OUT THE  PROVISIONS  OF  THIS
 SECTION.
   §  3.  The  education  law is amended by adding a new section 669-i to
 read as follows:
   § 669-I. NEW YORK STATE UNDERREPRESENTED WOMEN'S INCENTIVE  AWARD.  1.
 AN  UNDERGRADUATE  FEMALE STUDENT WHO IS MATRICULATED IN APPROVED HIGHER
 EDUCATION PROGRAMS OR A FEMALE ENROLLED IN  A  CERTIFICATION  OR  DESIG-
 NATION  PROGRAM LEADING TO A CAREER IN A SECTOR FOR GROWTH AND REPRESEN-
 TATION, AS DEFINED IN SECTION TEN-D OF THE LABOR LAW AND  IDENTIFIED  BY
 LOCAL  WORKFORCE  DEVELOPMENT BOARDS, SHALL BE ELIGIBLE TO RECEIVE A NEW
 YORK STATE UNDERREPRESENTED WOMEN'S INCENTIVE AWARD, PROVIDED SHE:
   (A) GRADUATES FROM A  HIGH  SCHOOL  LOCATED  IN  NEW  YORK  STATE,  OR
 COMPLETES  HER HIGH SCHOOL EQUIVALENCY WHILE RESIDING IN NEW YORK STATE,
 DURING OR AFTER THE TWO  THOUSAND  TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO
 ACADEMIC YEAR;
   (B)  ENROLLS  IN  A DEGREE-GRANTING INSTITUTION OR REGISTERED NOT-FOR-
 PROFIT BUSINESS SCHOOL QUALIFIED FOR TAX EXEMPTION UNDER § 501(C)(3)  OR
 A CERTIFICATION OR DESIGNATION PROGRAM;
   (C)  ENROLLS  IN  FULL-TIME STUDY EACH TERM BEGINNING IN THE FALL TERM
 AFTER HER HIGH SCHOOL GRADUATION IN AN  APPROVED  UNDERGRADUATE  PROGRAM
 THAT  SUPPORTS  A SECTOR FOR GROWTH AND ENHANCED REPRESENTATION AT A NEW
 YORK STATE INSTITUTION OF HIGHER EDUCATION, OR A CERTIFICATION OR DESIG-
 NATION PROGRAM THAT SUPPORTS A SECTOR FOR GROWTH AND ENHANCED  REPRESEN-
 TATION, AS IDENTIFIED BY THE CORPORATION AND BY LOCAL WORKFORCE DEVELOP-
 MENT  BOARDS  PURSUANT  TO SUBDIVISION TWO OF SECTION TEN-D OF THE LABOR
 LAW;
   (D) SIGNS A CONTRACT WITH THE CORPORATION AGREEING THAT HER AWARD WILL
 BE CONVERTED TO A STUDENT LOAN IN THE EVENT THE STUDENT FAILS TO  COMPLY
 WITH  THE  TERMS OF THE PROGRAM AS SET FORTH IN SUBDIVISION FOUR OF THIS
 SECTION; AND
   (E) COMPLIES WITH THE APPLICABLE PROVISIONS OF THIS  SECTION  AND  ALL
 REQUIREMENTS  PROMULGATED  BY  THE CORPORATION FOR THE ADMINISTRATION OF
 THE PROGRAM.
   2. AWARDS UNDER THIS SECTION SHALL BE GRANTED BEGINNING WITH  THE  TWO
 THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO ACADEMIC YEAR AND THEREAFT-
 ER  TO APPLICANTS FOR ADMISSION TO NEW YORK STATE INSTITUTIONS OF HIGHER

 S. 9001                             3
 
 EDUCATION THAT THE CORPORATION HAS DETERMINED ARE  ELIGIBLE  TO  RECEIVE
 SUCH  AWARDS.  SUCH AWARDS SHALL EQUAL ONE THOUSAND DOLLARS.  AWARDS MAY
 BE APPLIED TO TUITION, FEES, BOOKS OR OTHER EDUCATIONAL COSTS ASSOCIATED
 WITH  THE  RECIPIENT'S EDUCATION OR COSTS ASSOCIATED WITH ENROLLING IN A
 CERTIFICATION OR DESIGNATION PROGRAM.
   3. AN ELIGIBLE RECIPIENT ENROLLED IN AN  UNDERGRADUATE  PROGRAM  SHALL
 NOT  RECEIVE  AN  AWARD  FOR  MORE THAN FOUR ACADEMIC YEARS OF FULL-TIME
 UNDERGRADUATE STUDY, OR FIVE ACADEMIC YEARS  IF  THE  PROGRAM  OF  STUDY
 NORMALLY  REQUIRES  FIVE  YEARS, EXCLUDING ANY ALLOWABLE INTERRUPTION OF
 STUDY.
   4. (A) THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT
 OF THE AWARD GIVEN TO A RECIPIENT PURSUANT TO THIS SECTION, PLUS  INTER-
 EST, ACCORDING TO A SCHEDULE TO BE DETERMINED BY THE CORPORATION IF:
   (I)  THE RECIPIENT FAILS TO COMPLETE AN APPROVED UNDERGRADUATE PROGRAM
 OR CERTIFICATION OR DESIGNATION  PROGRAM  THAT  SUPPORTS  A  SECTOR  FOR
 GROWTH AND ENHANCED REPRESENTATION;
   (II)  UPON  COMPLETION OF SUCH UNDERGRADUATE DEGREE PROGRAM OR CERTIF-
 ICATION OR DESIGNATION PROGRAM A RECIPIENT FAILS TO EITHER (A)  COMPLETE
 FULL  TIME EMPLOYMENT IN A SECTOR FOR GROWTH AND ENHANCED REPRESENTATION
 WITH A PUBLIC OR PRIVATE ENTITY LOCATED WITHIN  NEW  YORK  STATE  FOR  A
 CONTINUOUS  NUMBER  OF YEARS EQUAL TO THE DURATION OF THE AWARD RECEIVED
 WITHIN SIX MONTHS OF RECEIPT OF HER FINAL AWARD PAYMENT OR (B)  MAINTAIN
 RESIDENCY IN NEW YORK STATE FOR SUCH PERIOD OF EMPLOYMENT; OR
   (III)  A RECIPIENT FAILS TO RESPOND TO REQUESTS BY THE CORPORATION FOR
 THE STATUS OF HER ACADEMIC OR PROFESSIONAL PROGRESS.
   (B) THE TERMS AND CONDITIONS OF THIS SUBDIVISION SHALL BE DEFERRED FOR
 INDIVIDUALS WHO ENROLL ON AT LEAST A HALF-TIME BASIS IN  A  GRADUATE  OR
 HIGHER  DEGREE  PROGRAM  OR  OTHER PROFESSIONAL LICENSURE DEGREE PROGRAM
 UNTIL THEY ARE CONFERRED A DEGREE, AND SHALL ALSO BE  DEFERRED  FOR  ANY
 INTERRUPTION  IN  UNDERGRADUATE  STUDY, ENROLLMENT OF A CERTIFICATION OR
 DESIGNATION PROGRAM, OR EMPLOYMENT AS ESTABLISHED BY THE RULES AND REGU-
 LATIONS OF THE CORPORATION. THE TERMS AND CONDITIONS OF THIS SUBDIVISION
 MAY ALSO BE DEFERRED FOR A GRACE PERIOD TO BE ESTABLISHED BY THE  CORPO-
 RATION  FOLLOWING THE COMPLETION OF AN APPROVED UNDERGRADUATE PROGRAM, A
 GRADUATE OR HIGHER DEGREE PROGRAM OR OTHER PROFESSIONAL LICENSURE DEGREE
 PROGRAM THAT SUPPORTS A SECTOR FOR GROWTH AND ENHANCED REPRESENTATION.
   (C) ANY OBLIGATION ON THE PART OF  A  RECIPIENT  TO  COMPLY  WITH  THE
 PROVISIONS  OF  THIS  SECTION  SHALL  BE CANCELLED UPON THE DEATH OF THE
 RECIPIENT.
   (D) NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO THE  CONTRA-
 RY, THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO
 PROVIDE  FOR  THE WAIVER OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH
 WOULD INVOLVE EXTREME HARDSHIP.
   5. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND  REGULATIONS,
 AND  MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA-
 TION OF THE PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT  LIMITED  TO,
 THE  RATE  OF INTEREST CHARGED FOR REPAYMENT OF THE STUDENT LOAN AND THE
 CRITERIA FOR DISTRIBUTING THE AWARDS.
   § 4. This act shall take effect immediately.