The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9418
 
                           I N  A S S E M B L Y
 
                               March 7, 2022
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law and  the  state  finance  law,  in
   relation  to enacting the Lorena Borjas transgender and gender non-bi-
   nary (TGNB) wellness and equity  fund;  and  making  an  appropriation
   therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Lorena Borjas transgender and gender non-binary (TGNB) wellness and
 equity fund act".
   §  2.  Title  2-F  of article 2 of the public health law is amended by
 adding a new section 244 to read as follows:
   § 244. TRANSGENDER AND GENDER NON-BINARY (TGNB)  WELLNESS  AND  EQUITY
 PROGRAM.  1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "GENDER EXPANSIVE" SHALL MEAN A  TRANSGENDER,  GENDER  NON-BINARY,
 GENDER NON-CONFORMING AND INTERSEX INDIVIDUALS WHO HAVE A GENDER IDENTI-
 TY  OR  EXPRESSION THAT IS DIFFERENT FROM THE SEX ASSIGNED TO SUCH INDI-
 VIDUAL AT BIRTH.
   (B) "INTERSEX" SHALL MEAN A BIOLOGICAL VARIATION IN WHICH AN  INDIVID-
 UAL  IS BORN WITH A REPRODUCTIVE OR SEXUAL ANATOMY THAT DOES NOT FIT THE
 TYPICAL DEFINITIONS OF FEMALE OR MALE.
   2. THE DEPARTMENT IS HEREBY  AUTHORIZED,  EMPOWERED  AND  MANDATED  TO
 ESTABLISH  AND  OPERATE A TRANSGENDER AND GENDER NON-BINARY (TGNB) WELL-
 NESS AND EQUITY PROGRAM AS AUTHORIZED PURSUANT  TO  THIS  SECTION.  SUCH
 PROGRAM  SHALL BE ESTABLISHED WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF
 THIS SECTION.
   3. THE TRANSGENDER AND GENDER NON-BINARY (TGNB)  WELLNESS  AND  EQUITY
 PROGRAM SHALL BE DESIGNED TO:
   (A)  INCREASE  THE CAPACITY OF GRASSROOTS ORGANIZATIONS WORKING AT THE
 LOCAL LEVEL THUS ENSURING NEW YORK STATE INVESTS IN  ORGANIZATIONS  THAT
 ARE LED BY GENDER EXPANSIVE INDIVIDUALS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14576-05-2

 A. 9418                             2
 
   (B)  INCREASE  TRANSGENDER,  GENDER  NON-BINARY  AND INTERSEX CULTURAL
 COMPETENCE BY INVESTING IN CULTURAL COMPETENCY PROGRAMS  OR  CURRICULUMS
 THAT ARE DESIGNED BY GENDER EXPANSIVE INDIVIDUALS.
   (C)  ADDRESS  INEQUITIES IN CURRENT FUNDING DISTRIBUTION FOR ORGANIZA-
 TIONS LED BY GENDER EXPANSIVE INDIVIDUALS, INCLUDING BUT NOT LIMITED  TO
 ORGANIZATIONS LOCATED OUTSIDE OF THE CITY OF NEW YORK.
   (D)  AFTER JOB TRAINING AND JOB PLACEMENT PROVIDED BY GENDER EXPANSIVE
 INDIVIDUALS, ENABLE UNEMPLOYED GENDER EXPANSIVE RESIDENTS OF NEW YORK TO
 BECOME GAINFULLY EMPLOYED TAXPAYERS.
   (E) FOSTER NEW AND EMERGING GENDER EXPANSIVE LEADERSHIP THROUGH CAPAC-
 ITY BUILDING SUPPORT.
   (F) DECREASE HOMELESSNESS AND INCREASE ACCESS TO  SOCIAL  SERVICES  BY
 INVESTING  IN  TRANSGENDER, GENDER NON-BINARY AND INTERSEX LED ORGANIZA-
 TIONS THAT PROVIDE HOUSING SOLUTIONS DEDICATED TO GENDER EXPANSIVE INDI-
 VIDUALS.
   4. UPON APPROPRIATION BY THE LEGISLATURE, MONEYS  IN  THE  TRANSGENDER
 AND  GENDER NON-BINARY (TGNB) WELLNESS AND EQUITY PROGRAM FUND, PURSUANT
 TO SECTION NINETY-FIVE-K OF THE STATE FINANCE LAW, MAY BE USED  TO  FUND
 GRANTS FOR THE FOLLOWING PURPOSES:
   (A)  IDENTIFYING  LEADING  COMMUNITY-BASED ORGANIZATIONS INVOLVING AND
 SERVING GENDER EXPANSIVE INDIVIDUALS AND PROVIDING THEM WITH  GRANTS  TO
 EXPAND THEIR EXISTING WORK.
   (B)  PROVIDING  GRANTS  TO  ORGANIZATIONS INVOLVING AND SERVING GENDER
 EXPANSIVE INDIVIDUALS TO CREATE  SUPPORTIVE  HOUSING  SOLUTIONS  AND  TO
 IDENTIFY,  ASSIST, AND REFER TRANSGENDER, GENDER NON-BINARY AND INTERSEX
 RESIDENTS OF NEW YORK STATE TO SUPPORTIVE HOUSING.
   (C) CREATING OR FUNDING EXISTING PROGRAMS CREATED BY GENDER  EXPANSIVE
 INDIVIDUALS  THAT  FOCUS ON COORDINATING INCLUSIVE HEALTH CARE FOR INDI-
 VIDUALS WHO IDENTIFY AS TRANSGENDER, GENDER  NON-BINARY,  NON-CONFORMING
 OR INTERSEX.
   (D)  PROVIDING  GRANTS  TO  ORGANIZATIONS INVOLVING AND SERVING GENDER
 EXPANSIVE INDIVIDUALS TO INCREASE THE CAPACITY OF  HEALTH  CARE  PROFES-
 SIONALS  TO EFFECTIVELY PROVIDE GENDER AFFIRMING CARE. THIS INCLUDES THE
 CREATION OF EDUCATIONAL MATERIALS OR FACILITATION OF  CAPACITY  BUILDING
 TRAINING.
   (E)  PROVIDING  GRANTS  FOR  BEHAVIORAL  HEALTH  SERVICES DEVELOPED BY
 GENDER EXPANSIVE INDIVIDUALS THAT OFFER MENTAL HEALTH AND SUBSTANCE  USE
 SERVICES FOR GENDER EXPANSIVE YOUTH, ADULTS, SENIORS, AND FAMILIES.
   (F)  PROVIDING GRANTS FOR EDUCATIONAL AND VOCATIONAL TRAINING PROGRAMS
 DEVELOPED BY GENDER EXPANSIVE INDIVIDUALS  TO  INCREASE  THE  EMPLOYMENT
 STATUS AND EDUCATIONAL ATTAINMENT LEVEL OF GENDER EXPANSIVE RESIDENTS OF
 NEW YORK STATE.
   (G)  PROVIDING FUNDS TO IMPROVE DATA COLLECTION ON GENDER IDENTITY AND
 EXPRESSION IN NEW YORK STATE WITH A FOCUS ON GENDER EXPANSIVE  RESIDENTS
 OF NEW YORK STATE AND THEIR NEEDS.
   §  3. The state finance law is amended by adding a new section 95-k to
 read as follows:
   § 95-K. TRANSGENDER AND GENDER NON-BINARY (TGNB) WELLNESS  AND  EQUITY
 PROGRAM FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE
 STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO
 BE  KNOWN  AS THE "TRANSGENDER AND GENDER NON-BINARY (TGNB) WELLNESS AND
 EQUITY PROGRAM FUND".
   2. MONEYS IN SUCH FUND SHALL CONSIST OF ALL  MONEYS  APPROPRIATED  FOR
 THE  PURPOSES  OF  SUCH  FUND  AND  ALL MONEYS APPROPRIATED, CREDITED OR
 TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO  LAW.  ANY
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 INTEREST  RECEIVED  BY  THE  COMPTROLLER ON MONEY ON DEPOSIT IN THE FUND
 SHALL BE RETAINED IN AND BECOME PART OF SUCH FUND.
   § 4. The sum of fifteen million dollars ($15,000,000) is hereby appro-
 priated from any moneys in the state treasury in the general fund to the
 credit  of  the  state  purposes  account for the transgender and gender
 non-binary (TGNB) wellness and equity program fund for  the  purpose  of
 carrying out the provisions of this act. Such moneys shall be payable on
 the  audit  and warrant of the comptroller. No expenditure shall be made
 from this appropriation until a certificate of approval of  availability
 shall  have been issued by the director of the budget and filed with the
 state comptroller and a copy filed  with  the  chairman  of  the  senate
 finance  committee  and  the  chairman  of  the  assembly ways and means
 committee.  Such certificate may be amended from time  to  time  by  the
 director  of the budget and a copy of each such amendment shall be filed
 with the state comptroller, the chairman of the senate finance committee
 and the chairman of the assembly ways and means committee.
   § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 6. This act shall take effect immediately.