Assembly Bill A9151

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9151
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 17, 2025
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law and the state finance law, in relation  to
   establishing  a  reasonable accommodation reimbursement grant 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 labor law is amended by adding a new section 19 to read
 as follows:
   § 19. REASONABLE ACCOMMODATION REIMBURSEMENT GRANT PROGRAM. 1. FOR THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "APPLICANT" MEANS ANY  PERSON,  WHETHER  EMPLOYED  OR  UNEMPLOYED,
 SEEKING OR ENTERING INTO ANY ARRANGEMENT FOR EMPLOYMENT WITH AN ELIGIBLE
 EMPLOYER.
   (B)  "ELIGIBLE  EMPLOYER"  MEANS AN EMPLOYER DOMICILED WITHIN NEW YORK
 STATE AND HAVING ITS PRINCIPAL PLACE OF BUSINESS AS  IDENTIFIED  IN  ITS
 CERTIFICATE OF INCORPORATION IN NEW YORK STATE THAT:
   (I)  EMPLOYS  NOT MORE THAN FIVE HUNDRED EMPLOYEES ON ANY BUSINESS DAY
 DURING THE PRECEDING CALENDAR YEAR; AND
   (II) GENERATES FIVE MILLION DOLLARS OR LESS IN GROSS ANNUAL REVENUE.
   (C) (I) "INDIVIDUAL WITH A DISABILITY" MEANS A  DISABLED  PERSON  WHO,
 WITH  REASONABLE  ACCOMMODATION,  CAN  PERFORM  THE  ESSENTIAL FUNCTIONS
 REQUIRED OF ALL APPLICANTS FOR THE JOB IN QUESTION.
   (II) FOR THE PURPOSES  OF  THIS  SECTION,  "DISABILITY"  EXCLUDES  ANY
 CONDITION  RESULTING  FROM ALCOHOL OR DRUG ABUSE WHICH PREVENTS A PERSON
 FROM PERFORMING THE ESSENTIAL  FUNCTIONS  OF  THE  JOB  IN  QUESTION  OR
 CONSTITUTES A DIRECT THREAT TO PROPERTY OR THE SAFETY OF OTHERS.
   (III) IF A RESPONDENT CONTENDS THAT A PERSON IS NOT AN INDIVIDUAL WITH
 A  DISABILITY, AS DEFINED BY THIS PARAGRAPH, THE BURDEN SHALL BE ON SUCH
 RESPONDENT TO PROVE THAT IT WAS  REASONABLE  TO  CONCLUDE  THE  DISABLED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13802-01-5
              

 A. 9151                             2
 
 PERSON,  WITH  REASONABLE ACCOMMODATION, COULD NOT HAVE MET THE REQUIRE-
 MENTS OF THE JOB OR THAT THE SELECTED  PERSON  WAS  DEMONSTRABLY  BETTER
 ABLE TO PERFORM THE JOB.
   (D)  "REASONABLE  ACCOMMODATION"  MEANS  STEPS  WHICH MUST BE TAKEN TO
 ACCOMMODATE THE KNOWN PHYSICAL OR MENTAL LIMITATIONS  OF  AN  INDIVIDUAL
 WITH A DISABILITY, WHICH MAY INCLUDE, BUT SHALL NOT BE LIMITED TO:
   (I)  MAKING FACILITIES READILY ACCESSIBLE TO AND USABLE BY INDIVIDUALS
 WITH DISABILITIES; OR
   (II) JOB RESTRUCTURING, MODIFIED WORK  SCHEDULES,  REASSIGNMENT  TO  A
 VACANT POSITION, ACQUISITION OR MODIFICATION OF EQUIPMENT OR DEVICES, OR
 THE PROVISION OF AIDES ON A TEMPORARY OR PERIODIC BASIS.
   (E)  "PROGRAM"  MEANS THE REASONABLE ACCOMMODATION REIMBURSEMENT GRANT
 PROGRAM ESTABLISHED UNDER SUBDIVISION TWO OF THIS SECTION.
   (F) "FUND"  MEANS  THE  REASONABLE  ACCOMMODATION  REIMBURSEMENT  FUND
 ESTABLISHED UNDER SECTION NINETY-NINE-TT OF THE STATE FINANCE LAW.
   2.   THE  COMMISSIONER  SHALL  ESTABLISH  A  REASONABLE  ACCOMMODATION
 REIMBURSEMENT GRANT PROGRAM FOR  THE  PURPOSE  OF  REIMBURSING  ELIGIBLE
 EMPLOYERS  FOR  THE  COST  OF  EXPENSES INCURRED IN PROVIDING REASONABLE
 ACCOMMODATIONS FOR INDIVIDUALS WITH A DISABILITY WHO ARE  EITHER  APPLI-
 CANTS OR EMPLOYEES OF SUCH ELIGIBLE EMPLOYERS.
   3.  (A) THE COMMISSIONER SHALL DEVELOP FORMS AND PROCEDURES FOR SOLIC-
 ITING AND REVIEWING APPLICATIONS FOR REIMBURSEMENT UNDER THIS SECTION.
   (B) THE PROGRAM SHALL AWARD REIMBURSEMENTS TO  ELIGIBLE  EMPLOYERS  TO
 THE  EXTENT  THAT  FUNDS  ARE AVAILABLE IN THE ACCOUNT ESTABLISHED UNDER
 SECTION NINETY-NINE-TT OF THE STATE FINANCE LAW.
   (C) APPLICATIONS FOR THE PROGRAM SHALL BE  PROCESSED  ON  A  FIRST-RE-
 CEIVED,  FIRST-PROCESSED  BASIS WITHIN EACH FISCAL YEAR UNTIL FUNDING IS
 EXHAUSTED.  APPLICATIONS RECEIVED AFTER FUNDING HAS BEEN EXHAUSTED IN  A
 FISCAL YEAR SHALL NOT BE ELIGIBLE FOR REIMBURSEMENT.
   (D)  DOCUMENTATION  FOR  REIMBURSEMENT  SHALL  BE PROVIDED BY ELIGIBLE
 EMPLOYERS IN A FORM APPROVED BY THE COMMISSIONER.
   4. THE MAXIMUM TOTAL REIMBURSEMENT PER ELIGIBLE EMPLOYER IN  A  FISCAL
 YEAR SHALL BE THIRTY THOUSAND DOLLARS, PROVIDED, HOWEVER THAT:
   (A)  SUBMISSIONS  FOR ONE-TIME REASONABLE ACCOMMODATION EXPENSES SHALL
 BE NO LESS THAN TWO HUNDRED FIFTY DOLLARS AND NO MORE THAN FIFTEEN THOU-
 SAND DOLLARS PER INDIVIDUAL WITH A DISABILITY; AND
   (B) SUBMISSIONS FOR ONGOING REASONABLE  ACCOMMODATION  EXPENSES  SHALL
 HAVE NO MINIMUM OR MAXIMUM REQUIREMENTS.
   5.   THE  COMMISSIONER  MAY  PROVIDE  TECHNICAL  ASSISTANCE  REGARDING
 REQUESTS FOR REASONABLE ACCOMMODATIONS UNDER THE PROGRAM.
   6. THE COMMISSIONER MAY USE UP TO TWENTY PERCENT OF THE FUND'S BIENNI-
 AL APPROPRIATION AMOUNT FOR ADMINISTRATION AND MARKETING OF THE PROGRAM.
   7. NO LATER THAN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS  SECTION,
 AND NO LATER THAN JUNE THIRTIETH OF EACH FOLLOWING YEAR, THE COMMISSION-
 ER  SHALL MAKE PUBLICLY AVAILABLE INFORMATION REGARDING THE AVAILABILITY
 OF GRANTS UNDER THE PROGRAM, AND THE PROCEDURE OF REQUESTING  REIMBURSE-
 MENT FOR REASONABLE ACCOMMODATIONS UNDER THE PROGRAM.
   8. THE COMMISSIONER SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR, THE
 TEMPORARY  PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY WITH
 DATA ON THE EMPLOYER  REIMBURSEMENTS  MADE  UNDER  THE  PROGRAM  IN  THE
 PRECEDING  CALENDAR  YEAR. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED
 TO:
   (A) THE NUMBER AND TYPE OF ACCOMMODATIONS REQUESTED;
   (B) THE COST OF ACCOMMODATIONS REQUESTED;
   (C) THE EMPLOYERS FROM WHICH REQUESTS WERE MADE;
 A. 9151                             3
 
   (D) THE NUMBER AND TYPE OF ACCOMMODATIONS THAT  WERE  DENIED  AND  THE
 REASONS FOR SUCH DENIALS;
   (E) ANY REMAINING BALANCE IN THE FUND; AND
   (F)  WHETHER  THE  FUND  WAS DEPLETED, THE DATE ON WHICH MONIES IN THE
 FUND WERE EXHAUSTED, AND THE NUMBER, TYPE, AND  COST  OF  ACCOMMODATIONS
 THAT WERE NOT REIMBURSED TO EMPLOYERS.
   § 2. The state finance law is amended by adding a new section 99-tt to
 read as follows:
   §  99-TT.  REASONABLE  ACCOMMODATION  REIMBURSEMENT  FUND. 1. THERE IS
 HEREBY ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  COMPTROLLER  AND  THE
 COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
 "REASONABLE ACCOMMODATION REIMBURSEMENT FUND".
   2. MONIES ALLOCATED TO THE REASONABLE ACCOMMODATION REIMBURSEMENT FUND
 SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER  FUNDS
 IN THE CUSTODY OF THE STATE COMPTROLLER.
   3. MONIES OF SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED THERE-
 FOR BY THE LEGISLATURE.
   4.  MONIES  OF  SUCH  FUND,  WHEN ALLOCATED, SHALL BE AVAILABLE TO THE
 COMMISSIONER OF LABOR FOR THE AWARD OF GRANTS PURSUANT TO SECTION  NINE-
 TEEN OF THE LABOR LAW.
   §  3. The sum of five million dollars ($5,000,000), or so much thereof
 as may be necessary, is hereby appropriated to the  reasonable  accommo-
 dation  reimbursement  fund established under section 99-tt of the state
 finance law out of any moneys in the state treasury in the general  fund
 to  the credit of the state comptroller and the commissioner of taxation
 and finance, not otherwise appropriated, and made immediately available,
 for the purpose of carrying out the provisions of this act. Such  moneys
 shall  be  payable  on the audit and warrant of the state comptroller on
 vouchers certified or approved by  the  commissioner  of  labor  in  the
 manner prescribed by law.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.