S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6496
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2023
                                ___________
 
 Introduced  by M. of A. MAHER -- read once and referred to the Committee
   on Economic Development
 
 AN ACT to amend the economic development law, in relation to  establish-
   ing  the sector partnership enhancement and reinforcement program; 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.  The  economic  development law is amended by adding a new
 article 27 to read as follows:
                                 ARTICLE 27
         SECTOR PARTNERSHIP ENHANCEMENT AND REINFORCEMENT PROGRAM
 SECTION 490. SHORT TITLE.
         491. DEFINITIONS.
         492. SECTOR PARTNERSHIP ENHANCEMENT AND REINFORCEMENT PROGRAM.
         493. LOCAL SECTOR PARTNERSHIP DUTIES AND RESPONSIBILITIES.
         494. LOCAL SECTOR PARTNERSHIP FORMATION GRANT.
         495. LOCAL SECTOR PARTNERSHIP ENHANCEMENT GRANT.
         496. COMMUNITY COLLEGE SECTOR PARTNERSHIP EXPLORATION GRANT.
   § 490. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
 THE "SECTOR PARTNERSHIP ENHANCEMENT AND REINFORCEMENT PROGRAM ACT".
   § 491. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "COMMUNITY COLLEGE" MEANS A COLLEGE ESTABLISHED AND OPERATED PURSU-
 ANT TO THE PROVISIONS OF ARTICLE ONE HUNDRED TWENTY-SIX OF THE EDUCATION
 LAW  WHICH  PROVIDES  TWO-YEAR  POSTSECONDARY  PROGRAMS  IN  GENERAL AND
 RECEIVES FINANCIAL ASSISTANCE FROM THE STATE.
   2. "LOCAL SECTOR PARTNERSHIP" MEANS A WORKFORCE COLLABORATIVE,  WITHIN
 AN ECONOMIC DEVELOPMENT REGION AS ESTABLISHED BY THE DEPARTMENT PURSUANT
 TO  ARTICLE  ELEVEN  OF  THIS  CHAPTER, FOCUSED ON ACHIEVING THE GOAL OF
 MEETING SHARED HUMAN RESOURCES NEEDS AND CONSISTING OF MULTIPLE  EMPLOY-
 ERS  WITHIN  AN  INDUSTRY SECTOR, IN COMBINATION WITH REPRESENTATIVES OF
 ONE OR MORE OF THE FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10488-01-3
              

 A. 6496                             2
 
   (A) A LABOR ORGANIZATION, WHERE APPROPRIATE;
   (B) A LOCAL WORKFORCE DEVELOPMENT BOARD;
   (C) A POSTSECONDARY EDUCATION INSTITUTION;
   (D) A COMMUNITY COLLEGE;
   (E) AN ADULT BASIC EDUCATION PROVIDER;
   (F) A SCHOOL DISTRICT;
   (G) THE STATE OR A LOCAL GOVERNMENT;
   (H) A CHAMBER OF COMMERCE OR OTHER ECONOMIC DEVELOPMENT ORGANIZATION;
   (I)  A  COMMUNITY BASED ORGANIZATION OR OTHER NOT-FOR-PROFIT ORGANIZA-
 TION; OR
   (J) ANY OTHER ENTITY AS DETERMINED ELIGIBLE BY THE DEPARTMENT.
   § 492. SECTOR PARTNERSHIP ENHANCEMENT AND REINFORCEMENT  PROGRAM.  THE
 DEPARTMENT,  IN  CONSULTATION  WITH  THE  DEPARTMENT OF LABOR, THE STATE
 EDUCATION DEPARTMENT, THE  NEW  YORK  STATE  HIGHER  EDUCATION  SERVICES
 CORPORATION,  THE  NEW YORK STATE WORKFORCE INVESTMENT BOARD, AND REPRE-
 SENTATIVES OF LOCAL WORKFORCE  DEVELOPMENT  BOARDS,  SHALL  ESTABLISH  A
 SECTOR PARTNERSHIP ENHANCEMENT AND REINFORCEMENT PROGRAM, THE PURPOSE OF
 WHICH SHALL BE TO:
   1. UPON REQUEST, ASSIST IN THE IDENTIFICATION OF TARGET INDUSTRY CLUS-
 TERS  AND  EMPLOYERS  FOR  CREATION  OF  NEW  LOCAL  SECTOR PARTNERSHIPS
 THROUGHOUT THE STATE;
   2. SUPPORT AND ENCOURAGE CONTACT AND COOPERATION BETWEEN LOCAL  SECTOR
 PARTNERSHIPS  ALREADY  IN  EXISTENCE  AND  THOSE LOOKING TO CREATE A NEW
 LOCAL SECTOR PARTNERSHIP;
   3. SERVE AS A COORDINATOR OR CONVENER PURSUANT TO SUBDIVISION  ONE  OF
 SECTION FOUR HUNDRED NINETY-THREE OF THIS ARTICLE ON BEHALF OF EMPLOYERS
 WITHIN  AN  INDUSTRY SECTOR AND THE APPROPRIATE STATE AND LOCAL AGENCIES
 OR NOT-FOR-PROFIT ORGANIZATIONS TO FACILITATE THE CREATION  AND  SUPPORT
 OF LOCAL SECTOR PARTNERSHIPS;
   4.  PROVIDE  TECHNICAL  ASSISTANCE, INCLUDING COUNSELING AND DIRECTION
 FROM DEPARTMENT STAFF IN FORMING AND SUSTAINING A LOCAL SECTOR  PARTNER-
 SHIP,  PROFESSIONAL  DEVELOPMENT  OPPORTUNITIES  FOR  MEMBERS OF A LOCAL
 SECTOR PARTNERSHIP, CUSTOMIZED  LABOR  MARKET  AND  ECONOMIC  DATA  UPON
 REQUEST, AND SIMILAR ASSISTANCE AS TO BE DETERMINED BY THE DEPARTMENT TO
 LOCAL SECTOR PARTNERSHIPS; AND
   5.  PROVIDE  AND  ADMINISTER  GRANTS PURSUANT TO SECTIONS FOUR HUNDRED
 NINETY-FOUR, FOUR HUNDRED NINETY-FIVE AND  FOUR  HUNDRED  NINETY-SIX  OF
 THIS ARTICLE TO NEW AND EXISTING LOCAL SECTOR PARTNERSHIPS.
   §  493.  LOCAL SECTOR PARTNERSHIP DUTIES AND RESPONSIBILITIES. A LOCAL
 SECTOR PARTNERSHIP SHALL:
   1. DESIGNATE ONE OF THE MEMBER ENTITIES OR A REPRESENTATIVE  FROM  THE
 DEPARTMENT  AS THE CONVENER OF THE LOCAL PARTNERSHIP. THE CONVENER SHALL
 ASSUME RESPONSIBILITY FOR RECRUITING MEMBERSHIP TO A LOCAL SECTOR  PART-
 NERSHIP, ORGANIZING MEETINGS, FULFILLING REQUIRED REPORTING REQUIREMENTS
 PURSUANT  TO  SUBDIVISION  TWO  OF  THIS  SECTION, AND FOR DESIGNATING A
 FISCAL AGENT TO OVERSEE GRANT FUNDS RECEIVED PURSUANT TO  SECTIONS  FOUR
 HUNDRED  NINETY-FOUR,  FOUR HUNDRED NINETY-FIVE AND FOUR HUNDRED NINETY-
 SIX OF THIS ARTICLE. THE  CONVENER  MAY  PERFORM  ADDITIONAL  DUTIES  AS
 DETERMINED BY THE LOCAL SECTOR PARTNERSHIP;
   2.  REPORT  PERFORMANCE  INFORMATION  AS DETERMINED BY THE DEPARTMENT,
 INCLUDING AN ANNUAL FINANCIAL STATEMENT PREPARED ACCORDING TO  GENERALLY
 ACCEPTED  ACCOUNTING  PRINCIPLES, TO THE DEPARTMENT BY DECEMBER FIRST OF
 EACH YEAR;
   3. DEVELOP A COMPREHENSIVE PLAN FOR ADDRESSING ANY  IDENTIFIED  SKILLS
 GAP  IN  THE  SECTOR  IN  ORDER  TO  BE ELIGIBLE FOR A GRANT PURSUANT TO
 A. 6496                             3
 
 SECTION FOUR HUNDRED NINETY-FOUR, SECTION FOUR HUNDRED  NINETY-FIVE,  OR
 SECTION FOUR HUNDRED NINETY-SIX OF THIS ARTICLE; AND
   4. PERFORM ADDITIONAL DUTIES AND RESPONSIBILITIES AS DETERMINED BY THE
 DEPARTMENT.
   §  494.  LOCAL  SECTOR  PARTNERSHIP FORMATION GRANT. 1. THE DEPARTMENT
 SHALL AWARD GRANTS TO  EMERGING  LOCAL  SECTOR  PARTNERSHIPS,  OR  LOCAL
 SECTOR  PARTNERSHIPS CREATED WITHIN THE LAST FIVE YEARS OF THE EFFECTIVE
 DATE OF THIS ARTICLE, TO FUND PLANNING  ACTIVITIES  INCLUDING,  BUT  NOT
 LIMITED TO, BUILDING AND PROMOTING MEMBERSHIP IN A LOCAL SECTOR PARTNER-
 SHIP,  INITIAL  COSTS  RELATED TO RESEARCH IDENTIFYING SECTOR SKILL GAPS
 AND FACTORS CONTRIBUTING TO SUCH GAPS, AND DEVELOPING A  PLAN  TO  CLOSE
 ANY EXISTING SKILLS GAP AS IDENTIFIED BY THE LOCAL SECTOR PARTNERSHIP.
   2.  LOCAL  SECTOR  PARTNERSHIP FORMATION GRANTS SHALL NOT BE LESS THAN
 FIFTY THOUSAND  DOLLARS  AND  SHALL  NOT  EXCEED  ONE  HUNDRED  THOUSAND
 DOLLARS.
   3.  THE  FIRST  FIFTY  PERCENT OF THE TOTAL GRANT AMOUNT SHALL BE MADE
 AVAILABLE IMMEDIATELY UPON NOTIFICATION OF SUCH GRANT AWARD. THE REMAIN-
 ING FIFTY PERCENT OF THE GRANT SHALL BE  AVAILABLE  TO  A  LOCAL  SECTOR
 PARTNERSHIP AS A TWO-TO-ONE MATCH FOR FUNDS RAISED.
   4. FOR THE PURPOSES OF THIS GRANT, MATCHING FUNDS INCLUDE, BUT ARE NOT
 LIMITED  TO:  CASH  FUNDS  RAISED; EQUIPMENT COSTS, INCLUDING COMPUTERS,
 TRAINING EQUIPMENT, SOFTWARE, SUBSCRIPTIONS, AND  OTHER  ITEMS  DIRECTLY
 RELATED  TO PARTNERSHIP OPERATIONS; AND FACILITY COSTS, INCLUDING ACQUI-
 SITION, RENT, UTILITIES, AND OTHER COSTS INCURRED  DIRECTLY  RELATED  TO
 PARTNERSHIP OPERATIONS.
   5.  FOR  THE PURPOSES OF THIS GRANT, MATCHING FUNDS SHALL NOT INCLUDE:
 SALARIES AND FRINGE BENEFITS PROVIDED IN-KIND  BY  THE  LEAD  APPLICANT,
 FISCAL  AGENT,  OR PARTNERSHIP MEMBER ORGANIZATIONS; SALARIES AND FRINGE
 BENEFITS PAID BY THE LEAD APPLICANT, FISCAL AGENT, OR PARTNERSHIP MEMBER
 ORGANIZATIONS TO TRAINING OR EDUCATIONAL PROGRAM PARTICIPANTS; AND FUND-
 ING GRANTED THROUGH OTHER PROGRAMS ADMINISTERED BY THE DEPARTMENT.
   § 495. LOCAL SECTOR PARTNERSHIP ENHANCEMENT GRANT. 1.  THE  DEPARTMENT
 SHALL  AWARD  GRANTS  TO  LOCAL  SECTOR  PARTNERSHIPS WHICH HAVE ALREADY
 COMPLETED PLANNING ACTIVITIES AS IDENTIFIED BY THE DEPARTMENT FOR IMPLE-
 MENTATION ACTIVITIES INCLUDING, BUT NOT  LIMITED  TO:  SKILLS  TRAINING;
 ESTABLISHING  A SECONDARY TO POSTSECONDARY EDUCATION WORKFORCE PIPELINE;
 ESTABLISHING CAREER PATHWAYS FOR ADULTS; CREATING INDUSTRY-BASED CERTIF-
 ICATION PROGRAMS; DEVELOPING CURRICULUM; PROMOTING PARTICIPATION IN  ANY
 WORKFORCE  TRAINING  OR  EDUCATION  PROGRAM;  AND  OTHER ACTIVITIES THAT
 PREPARE OR ASSIST IN PROVIDING WORKERS FOR THE INDUSTRY SECTOR.
   2. LOCAL SECTOR PARTNERSHIP ENHANCEMENT GRANTS SHALL NOT BE LESS  THAN
 FIFTY  THOUSAND  DOLLARS AND SHALL NOT EXCEED TWO HUNDRED FIFTY THOUSAND
 DOLLARS.
   3. GRANTS PURSUANT TO THIS SECTION  SHALL  BE  AVAILABLE  TO  A  LOCAL
 SECTOR  PARTNERSHIP  AS A TWO-TO-ONE MATCH FOR FUNDS RAISED BY THE LOCAL
 SECTOR PARTNERSHIP.
   4. FOR THE PURPOSES OF THIS GRANT, MATCHING FUNDS INCLUDE, BUT ARE NOT
 LIMITED TO: CASH FUNDS RAISED;  EQUIPMENT  COSTS,  INCLUDING  COMPUTERS,
 TRAINING  EQUIPMENT,  SOFTWARE,  SUBSCRIPTIONS, AND OTHER ITEMS DIRECTLY
 RELATED TO PARTNERSHIP OPERATIONS; AND FACILITY COSTS, INCLUDING  ACQUI-
 SITION,  RENT,  UTILITIES,  AND OTHER COSTS INCURRED DIRECTLY RELATED TO
 PARTNERSHIP OPERATIONS.
   5. FOR THE PURPOSES OF THIS GRANT, MATCHING FUNDS SHALL  NOT  INCLUDE:
 SALARIES  AND  FRINGE  BENEFITS  PROVIDED IN-KIND BY THE LEAD APPLICANT,
 FISCAL AGENT, OR PARTNERSHIP MEMBER ORGANIZATIONS; SALARIES  AND  FRINGE
 BENEFITS PAID BY THE LEAD APPLICANT, FISCAL AGENT, OR PARTNERSHIP MEMBER
 A. 6496                             4
 
 ORGANIZATIONS TO TRAINING OR EDUCATIONAL PROGRAM PARTICIPANTS; AND FUND-
 ING GRANTED THROUGH OTHER PROGRAMS ADMINISTERED BY THE DEPARTMENT.
   §  496. COMMUNITY COLLEGE SECTOR PARTNERSHIP EXPLORATION GRANT. 1. THE
 DEPARTMENT SHALL AWARD GRANTS TO COMMUNITY COLLEGES SEEKING TO ESTABLISH
 LOCAL SECTOR PARTNERSHIPS FOR RECRUITMENT ACTIVITIES INCLUDING, BUT  NOT
 LIMITED  TO: DEVELOPING A PLAN FOR CREATING AND CONVENING A LOCAL SECTOR
 PARTNERSHIP  WITH  EMPLOYERS  IN  TARGETED  INDUSTRY  CLUSTERS;  RELATED
 MARKETING  COSTS  FOR ADVERTISING THE POTENTIAL CREATION OF SECTOR PART-
 NERSHIPS; FINANCIAL INCENTIVES  FOR  RECRUITING  EMPLOYERS  IN  TARGETED
 INDUSTRY  CLUSTERS  TO  JOIN  A  NEW LOCAL SECTOR PARTNERSHIP; AND OTHER
 ACTIVITIES THAT ASSIST IN THE CREATION OF A NEW  LOCAL  SECTOR  PARTNER-
 SHIP.
   2.  COMMUNITY  COLLEGE SECTOR PARTNERSHIP EXPLORATION GRANTS SHALL NOT
 BE LESS THAN FIFTY THOUSAND DOLLARS AND SHALL NOT  EXCEED  FIVE  HUNDRED
 THOUSAND DOLLARS.
   3. GRANTS PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE IMMEDIATELY
 UPON NOTIFICATION OF SUCH GRANT AWARD.
   § 2. The sum of up to fifteen million dollars ($15,000,000), is hereby
 appropriated  to  the department of economic development for the purpose
 of carrying out the provisions of this act to be funded by grants  under
 the  workforce investment act, federal Public Law 105-220, and the work-
 force innovation and opportunity act, federal Public Law  113-128.  Such
 moneys  shall  be payable on the audit and warrant of the comptroller on
 vouchers certified or approved by the commissioner of the department  of
 economic development in the manner prescribed by law.
   § 3. This act shall take effect immediately.