NY Lab L § 848 (2021)
2021 New York Laws LAB - Labor Article 24 - Worker Adjustment Act 848 - Apportionment of Funds.

§  848.  Apportionment of funds. 1. For activities included in section eight hundred forty of this article the department may  retain  no  more than  thirty-six percent of the funds allocated to the state pursuant to this article.   2. (a) The governor shall reserve an additional  ten  percent  of  the funds  allocated  to  the state pursuant to this article to be allocated among substate grantees as follows: (i) Each substate grantee which does not receive fifty thousand dollars from the allocation provided pursuant to subdivision three of this section shall be allocated from  the  funds provided  pursuant  to  this  subdivision,  the difference between fifty thousand dollars and the amount provided pursuant to  subdivision  three of  this  section.  (ii)  The remainder of the allocation made available pursuant to this subdivision shall be made available to grantees on  the basis  of  need  defined as demand for retraining and basic readjustment services which exceeds the resources available in the approved  substate plan when such demand is not the result of a plant closing as defined in subdivision  ten of section eight hundred thirty-five of this article or a substantial layoff as defined in subdivision sixteen of section  eight hundred thirty-five of this article.  (b)  Each  substate  grantee  with a demand for services which exceeds those otherwise available under the substate plan shall be eligible  for funds according to the following criteria:  (i)  the  substate  grantee  must  demonstrate its need through a plan modification which includes the amount of additional funding  requested, number  of  dislocated  workers  or  additional dislocated workers to be served, type of services to be provided, and a description of the change in economic conditions which led to the plan modification;  (ii)  requests  for  additional  funding  which  would  provide  added retraining  services  shall  be considered before funds are released for added basic readjustment services;  (iii) any  funds  provided  to  substate  grantees  pursuant  to  this subdivision  shall  be  distributed not later than nine months after the beginning of the program year for which the allotment was made; and  (iv) any funds undistributed at the end of the program year  shall  be included  as  part  of  the  funding made available for activities under section eight hundred forty-six  of  this  article  in  each  succeeding program  year  and  allocated  pursuant  to  subdivision  three  of this section.   3. For activities included in section eight hundred forty-six of  this article,  substate  grantees shall receive any remaining funds allocated to the state, other than those allocated pursuant  to  subdivisions  one and two of this section.   Funds  shall  be  distributed  to  substate  grantees according to the following formula:  (a) Ninety-two percent of available funds shall be  allocated  on  the basis  of  the  total  of  the  number  of unemployed persons collecting benefits under the unemployment insurance program during the most recent year for which data are available in a substate area added to the number of residents  who  were  unemployed  for  fifteen  weeks  or  longer  as determined  by  the  department  using  data from the current population survey provided by the federal bureau  of  labor  statistics,  the  most recent census, local area unemployment statistics program and other most recent  reliable  data  measuring  such  population  in  a substate area divided by the total number of such unemployed persons in  all  substate areas;  (b)  Two percent of available funds shall be allocated on the basis of the number of unemployed persons residing in areas which have an average unemployment rate of at least six and  one-half  percent  for  the  most  recent twelve months as determined by the department using data from the local area unemployment statistics program in each substate area divided by  the  total  number  of  unemployed  persons  in areas of substantial unemployment in all substate areas;  (c)  Two  percent on the basis of the number of unemployment insurance beneficiaries with no anticipated recall date identified  for  the  most recent  twenty-four  month  period  under  the permanent mass layoff and plant closing statistical series established by  the  department  for  a substate  area  divided by the total number of such beneficiaries in all substate areas;  (d) Two percent on the basis of the number of  jobs  lost  during  the most  recent  five-year  period  in  industries  that  have  declined as determined  by  employment  reports  of  employers  as  filed  with  the department  under  the  unemployment  insurance program in each substate area divided by the total number of jobs lost in all substate areas; and  (e) Two percent on the basis of the  total  number  of  farms  with  a debt/asset  ratio of forty percent or more for the most recent year in a substate area divided by the number of such farms in all substate areas.   4. After March thirty-first of each program year for which  funds  are available  for  the purposes provided in this article, the department is authorized to reapportion any amount of an allocation otherwise due to a grantee,  the  state  dislocated  worker  unit,  the   state   education department,  or  any other provider if the department determines that it cannot obligate such amount for programs pursuant to this article.  Such reapportionment  will  be  redistributed in a manner consistent with the state plan and applicable federal law and regulations.