N.Y. LAB Law § 847 — New York Code / Act LAB / Article 24 / Section 847
Limitations on uses of funds
Status: in_force

§ 847. Limitations on uses of funds. 1. Not less than sixty percent of\nthe funds expended by substate grantees must be used for retraining\nservices as defined in section eight hundred thirty-five of this\narticle.\n  2. Not more than twenty-five percent of the funds expended by any\nsubstate grantee or the governor may be used to provide needs-related\nservices pursuant to section eight hundred forty-six of this article and\nother supportive services as defined in this act.\n  3. Not more than twelve percent of the funds expended by substate\ngrantees pursuant to paragraph three of section eight hundred\nforty-eight of this article shall be used for administrative expenses.\n  4. (a) Twelve percent of the funds allocated to the state for state\nlevel activities in each year shall be made available to the department\nfor administrative expenses. Provided further that not more than twelve\npercent of such funds shall be expended by the department pursuant to\nsubdivision one of section eight hundred forty-eight of this article for\nadministrative expenses including technical assistance and fiscal and\ncompliance auditing.\n  (b) Six hundred seventy-five thousand dollars of the funds allocated\nto the state for state level activities in subdivision one of section\neight hundred forty-eight of this article in each year shall be made\navailable for statewide projects and demonstration programs authorized\npursuant to section eight hundred forty-one of this article.\n  (c) Sixteen percent, plus three hundred thousand dollars, of the funds\nallocated to the state for state level activities in each year shall be\nmade available for rapid response activities authorized pursuant to\nsection eight hundred forty of this article, including the funding of\ninnovative programs for the delivery of rapid response services to\ndislocated workers. No single state agency, department, board or\ncommission shall receive a suballocation from the department of more\nthan twenty percent of the funds allocated by this paragraph. Any funds\nsuballocated to the department of economic development shall be for\nfeasibility studies as provided in section eight hundred forty-four of\nthis article.\n  (d) Fifty percent of funds allocated to the state for state level\nactivities in each year remaining after funding is provided for the\npurposes described in paragraphs (a), (b) and (c) of this subdivision,\nwhich amount shall not exceed one million seventy-six thousand three\nhundred fifty dollars, shall be made available for the provision of\nemployer specific skills training.\n  Not more than five percent of the funds expended pursuant to this\nparagraph shall be expended for administrative activities by the state\neducation department. All remaining monies made available for the\npurpose described in section eight hundred forty-three of this article\nshall be suballocated to the state department of education.\n  (e) Fifty percent of funds allocated to the state for state level\nactivities in each year remaining after funding is provided for the\npurposes described in paragraphs (a), (b) and (c) of this subdivision\nand any amount remaining after funding is provided for employer specific\nskills training pursuant to paragraph (d) of this subdivision, shall be\nmade available for the purposes described in subdivision two of section\neight hundred forty-one of this article. Such funding shall be made\navailable to substate areas or to the department for the purpose of\nresponding to plant closings and substantial layoffs including\nemployment losses involving exceptional circumstances as defined in\nsubdivision three of section eight hundred forty of this article as\nauthorized by the commissioner which were unanticipated at the time of\nsubmission of the annual plan required by section eight hundred\nthirty-nine of this article. Substate grantees shall have precedence in\nreceiving such funding. Notwithstanding the requirements of this\nparagraph, not more than one-third of such money may be made available\nto substate areas for the purpose of responding to significant layoffs\nwhich were unanticipated at the time of submission of the annual plan\nrequired by section eight hundred thirty-nine of this article. For the\npurpose of this paragraph significant layoffs shall mean any reduction\nin force which is not the result of a plant closing and which results in\nan employment loss at a single site of employment of at least\nthirty-three percent of the employees (excluding employees regularly\nworking less than twenty hours per week). Not more than seven percent of\nexpended funds shall be retained by the substate grantees for\nadministrative expenses. Each substate grantee with a demand for\nservices which exceed those otherwise available under the substate plan\nshall be eligible for grants according to the following criteria:\n  (i) the substate grantee must demonstrate its need through submission\nof a written request which includes the amount of additional funding\nneeded, number of dislocated workers or additional dislocated workers to\nbe served, type of services to be provided, and a description of the\nsubstantial or significant layoff or plant closing which led to the\nrequest;\n  (ii) requests for additional funding which would provide added\nretraining services or regional or statewide services to identify\ndislocated workers or additional dislocated workers who are most in need\nof services and the types of services they need shall be considered\nbefore funds are released for added basic readjustment services; and\n  (iii) any funds undistributed at the end of the program year shall be\nincluded as part of the funding made available for activities under\nsection eight hundred forty-six of this article in each succeeding\nprogram year and allocated pursuant to subdivision three of section\neight hundred forty-eight of this article.\n  (f) The commissioner shall report to the chairs and ranking minority\nmembers of the senate and assembly labor, finance and ways and means\ncommittees, no later than March first of each year on (i) the amount of\neach suballocation or contract made from funds made available through\nparagraphs (b) and (c) of this subdivision, including any funds\nrecaptured pursuant to subdivision four of section eight hundred\nforty-eight of this article, (ii) the entity receiving such\nsuballocation or contract and (iii) the purpose of such suballocation or\ncontract.\n  5. Not more than twelve percent of the funds expended pursuant to\nparagraph (a) of subdivision two of section eight hundred forty-eight of\nthis article shall be retained by the substate grantees for\nadministrative expenses.\n