§ 202. Skills development assistance. 1. The department shall provide
assistance to approved applicants for the purpose of offering skills
training services that will foster economic development by creating or
preserving jobs. For the purposes of this section, "applicant" shall
mean an educational agency, business, or industry group or association,
an employee union or organizations, a community based organization,
grant recipient or administrative entity of the service delivery area
and private industry council as defined by the federal job training
partnership act (P.L. 97-300), provided that such groups have
demonstrated effectiveness in the delivery of training services. Any
assistance provided shall be matched at least equally by financing or
contribution from other sources. Such skills training services shall
include:

(a) training for entry-level employment and worker skills upgrading;
or

(b) payment of on-the-job training costs for a period not to exceed
twelve weeks or classroom instruction, or a combination thereof.

2. In approving requests for assistance, the commissioner shall
consider, among other criteria, the following:

(a) the demonstrated need for state assistance;

(b) the number and types of employees to be affected, including the
potential for increased productivity and wages;

(c) the employer's contribution to the actual cost of the training;

(d) the potential for entry-level opportunities resulting from
promotions created by skills upgrading;

(e) the willingness of assisted businesses to fill such positions with
job-ready clients referred from programs conducted under the job
training partnership act or the state job service;

(f) whether the assisted business is located in a distressed area; and

(g) the degree to which assistance requested is matched by financing
or contributions from other sources.

3. Assistance provided under this section shall not be used in any way
that impairs the provisions of any existing collective bargaining
agreement and, where possible, consultation with the appropriate labor
organization or organizations shall be undertaken.

4. Applications for assistance under this section shall provide:

(a) a description of the project including the type of skills training
or education to be provided;

(b) an estimate of the total cost of the program and an itemization of
estimated costs associated with equipment, personnel, facilities and
materials;

(c) a description of the economic development benefits expected to be
achieved by the program;

(d) a description of the employment needs expected to be filled,
including the number and types of jobs to be created;

(e) the technical assistance and financial support to be provided by
the applicant and the business or businesses for which a program is
designed and from other sources;

(f) a demonstration of the extent to which assistance will be used to
complement and leverage services available to businesses under other
state, or local or federally funded training programs; and

(g) such other information as the department may request.

5. For any positions opened as a result of assistance provided under
this section businesses so assisted shall first consider persons
eligible to participate in federal job training partnership act (P.L.
97-300) programs who shall be referred to the business by administrative
entities of service delivery areas created pursuant to such act or by
the job service division of the department of labor.

6. The department shall require the applicant to specify anticipated
outcomes including, as appropriate, job placement rates, number of jobs
opened to targeted populations as a result of skills upgrading
activities, promotions or wage increases for individuals participating
in skills upgrading programs and provide a commitment from individual
businesses to hire individuals who have successfully completed training.
The full amount of assistance shall be paid to the applicant only if
such anticipated outcomes have been achieved.

7. (a) On or before October first, nineteen hundred eighty-eight and
on or before October first of each year thereafter, the department, in
cooperation with other appropriate state departments and agencies, shall
submit to the governor and the legislature a report regarding the
current status of the skills development assistance program.

Such report shall include, but not be limited to:

(i) the number of individuals enrolled in the program by sex, age,
race, income and employment status;

(ii) the number and type of businesses participating in the program;

(iii) the nature of the match required pursuant to this article;

(iv) the number and type of educational agencies participating in the
program;

(v) the number and type of skills training programs supported by the
program; and

(vi) the programs overall job placement rate and the placement rate of
each project.

(b) The department shall submit to the director of the division of the
budget, the chairperson of the senate finance committee and the
chairperson of the assembly ways and means committee an evaluation of
this program prepared by an entity independent of the department. Such
evaluation shall be submitted by September first, two thousand five and
by September first every four years thereafter.

(c) Between evaluation due dates, the commissioner shall maintain the
necessary records and data required to satisfy such evaluation
requirements and to satisfy information requests received from the
director of the budget, the chairperson of the senate finance committee
and the chairperson of the assembly ways and means committee between
such evaluation due dates.