Senate Bill S4822

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4822
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 AN  ACT to amend the economic development law, in relation to establish-
   ing the economic development performance review act

   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 15 to read as follows:
                                ARTICLE 15
                ECONOMIC DEVELOPMENT PERFORMANCE REVIEW ACT
 SECTION 270. DEFINITION.
         271. PROGRAM IMPLEMENTATION.
         272. PERFORMANCE REVIEW.
   § 270. DEFINITION. FOR PURPOSES OF THIS ARTICLE, "ECONOMIC DEVELOPMENT
 PROGRAM" SHALL MEAN A PROGRAM THAT PROVIDES SERVICES FOR THE PURPOSE  OF
 EFFECTING  THE  ECONOMIC  CONDITIONS  OF THE STATE, PROVIDES TRAINING OR
 EMPLOYMENT  SERVICES,  SUPPORTS  AN  ECONOMIC  DEVELOPMENT  ACTIVITY  BY
 ENHANCING  THE SKILLS OF THE STATE'S WORKFORCE, PREPARES INDIVIDUALS FOR
 EMPLOYMENT, IMPROVES OPPORTUNITIES FOR INDIVIDUALS TO  BECOME  EMPLOYED,
 OR PROMOTES THE STATE ECONOMY.
   § 271. PROGRAM IMPLEMENTATION. 1. ON OR BEFORE SEPTEMBER FIRST, IN THE
 YEAR  AFTER  THIS SECTION BECAME LAW, EACH STATE AGENCY ADMINISTRATIVELY
 RESPONSIBLE FOR ECONOMIC DEVELOPMENT ACTIVITIES SHALL PREPARE A SEPARATE
 PLAN FOR EACH PROGRAM THAT SUCH  AGENCY  ADMINISTERS.  EACH  PLAN  SHALL
 INCLUDE A DESCRIPTION OF PROPOSED PROGRAM ACTIVITIES, A DESCRIPTION OF A
 MECHANISM FOR FUNDING DISTRIBUTION, PROGRAM OBJECTIVES, POPULATION TO BE
 SERVED, INSTITUTIONS ELIGIBLE TO RECEIVE FUNDS, AND A DESCRIPTION OF THE
 COORDINATION  AND LINKAGES BETWEEN THIS PROGRAM AND OTHER PROGRAM ACTIV-
 ITIES FUNDED SEPARATELY. SUCH PLAN  SHALL  ALSO  INCLUDE  A  PERFORMANCE
 REVIEW  COMPONENT  AS  PART  OF THE IMPLEMENTATION OF EACH PROGRAM WHICH
 SHALL DESCRIBE HOW THE AGENCY WILL  MONITOR  THE  DELIVERY  OF  SERVICES
 UNDER THE PROGRAM AND WHICH SHALL SET FORTH THE MEASURE OF EFFECTIVENESS
 OF THE SERVICES BEING PROVIDED.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01678-01-3
 S. 4822                             2
 
   2.  PROGRAM PLANS SHALL BE SUBMITTED TO THE DEPARTMENT, THE SPEAKER OF
 THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE, FOR  REVIEW  AND
 COMMENT.
   3.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT EXEMPT ANY AGENCY FROM
 REQUIREMENTS RELATING TO THE PREPARATION AND SUBMISSION OF PROGRAM PLANS
 PURSUANT TO ANY OTHER PROVISION OF LAW.
   § 272. PERFORMANCE REVIEW. 1.   THE PERFORMANCE  REVIEW  COMPONENT  OF
 EACH PROGRAM PLAN SHALL, AT A MINIMUM, INCLUDE THE FOLLOWING:
   (A) A STATEMENT ON LEGISLATIVE HISTORY AND INTENT;
   (B)  A  STATEMENT  OF  PROGRAM  OBJECTIVES  WHICH  IDENTIFIES OUTCOMES
 ATTRIBUTABLE TO THE PROGRAM, ANTICIPATED PERFORMANCE LEVELS, AND INDICA-
 TORS OF THE EFFECTIVENESS OF THE PROGRAM;
   (C) DEFINED QUANTITATIVE MEASURES WHICH WILL BE INCLUDED  AS  PART  OF
 THE   PERFORMANCE  REVIEW  REPORT  INCLUDING,  BUT  NOT  LIMITED  TO,  A
 DESCRIPTION  OF  THE  TARGETED  POPULATION,  CRITERIA  FOR   PARTICIPANT
 SELECTION,  DEMOGRAPHICS  ON PARTICIPANTS, MEASURES OF PROGRAM ACTIVITY,
 INVENTORY OF SERVICES PROVIDED, AND BUDGET INFORMATION ON  PROGRAMS  AND
 ADMINISTRATIVE  EXPENDITURES  INCLUDING,  BUT  NOT LIMITED TO, COSTS PER
 PARTICIPANT.  FOR THOSE PROGRAMS WHERE AN OBJECTIVE  IS  JOB  PLACEMENT,
 DATA  SHALL  INCLUDE  INFORMATION  ON THE OCCUPATIONS WHICH PARTICIPANTS
 ENTER, THE RATE OF JOB RETENTION, PRE-PROGRAM WAGE  EARNINGS  AND  POST-
 PROGRAM  WAGE EARNINGS AS WELL AS OTHER APPROPRIATE MEASURES WHICH INDI-
 CATE THE EXTENT TO WHICH PROGRAM  ACTIVITIES  MEET  PROGRAM  OBJECTIVES.
 OTHER  PERFORMANCE  INDICATORS THAT APPROPRIATELY DESCRIBE THE EFFECT OF
 THE PROGRAM AND DATA WHICH REFLECTS FOLLOW-UP  ACTIVITY  APPROPRIATE  TO
 THE  SERVICES PROVIDED SHALL ALSO BE INCLUDED AS PART OF THE PERFORMANCE
 REVIEW REPORT;
   (D) A STATEMENT OF METHODOLOGY WHICH WILL RESULT IN  A  COMPARISON  OF
 PROGRAM OUTCOMES AGAINST PROGRAM OBJECTIVES; AND
   (E)  ANY  ADDITIONAL  PERFORMANCE  REVIEW  OR  INFORMATION  AS  MAY BE
 REQUIRED BY LAW.
   2. (A) THE PERFORMANCE REVIEW REPORT FOR EACH PROGRAM SHALL BE SUBMIT-
 TED TO THE COMMISSIONER FOR REVIEW AND RECOMMENDATION.
   (B) THE REPORT SHALL INCLUDE, AT A MINIMUM, ALL PROGRAM  DATA  AND  AN
 ANALYSIS  WHICH COMPARES PERFORMANCE OUTCOMES AGAINST PROGRAM OBJECTIVES
 AS SPECIFIED IN THE PERFORMANCE REVIEW COMPONENT  OF  THE  PROGRAM  PLAN
 UNDER  THIS  SECTION  AND SHALL INCLUDE A PERFORMANCE REVIEW OF ACTIVITY
 FOR THE COMPLETED PROGRAM YEAR IMMEDIATELY PRECEDING THE ISSUANCE OF THE
 REPORT AND AN INTERIM PERFORMANCE REVIEW OF CURRENT PROGRAM YEAR  ACTIV-
 ITY IF APPLICABLE.
   3. BASED ON THE REVIEW CONDUCTED PURSUANT TO PARAGRAPH (A) OF SUBDIVI-
 SION TWO OF THIS SECTION, THE DEPARTMENT SHALL PREPARE A UNIFIED SUMMARY
 OF  PERFORMANCE REVIEW REPORTS SUBMITTED BY EACH AGENCY PURSUANT TO THIS
 ARTICLE FOR SUBMISSION TO THE SPEAKER OF THE ASSEMBLY AND THE  TEMPORARY
 PRESIDENT OF THE SENATE NO LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND
 TWENTY-FIVE AND EACH YEAR THEREAFTER PROVIDED, HOWEVER, THAT THE DEPART-
 MENT  SHALL  MAKE  AVAILABLE  EACH INDIVIDUAL PROGRAM PERFORMANCE REVIEW
 REPORT SUBMITTED PURSUANT TO THIS ARTICLE UPON REQUEST OF  THE  LEGISLA-
 TURE.  THE  DEPARTMENT  SHALL INCLUDE IN SUCH SUMMARY RECOMMENDATIONS TO
 THE GOVERNOR AND THE LEGISLATURE RELATING TO  IMPROVED  PROGRAM  COORDI-
 NATION  AND  SERVICE  DELIVERY, PROGRAM IMPROVEMENTS OR ENHANCEMENTS AND
 NECESSARY STATUTORY CHANGES.
   4. THE PROVISIONS OF THIS SECTION SHALL NOT  EXEMPT  ANY  AGENCY  FROM
 REQUIREMENTS PURSUANT TO ANY OTHER PROVISION OF LAW.
   § 2. This act shall take effect immediately.