NY Lab L § 847 (2021)
2021 New York Laws LAB - Labor Article 24 - Worker Adjustment Act 847 - Limitations on Uses of Funds.

§ 847. Limitations on uses of funds. 1. Not less than sixty percent of the  funds  expended  by  substate  grantees must be used for retraining services as  defined  in  section  eight  hundred  thirty-five  of  this article.   2.  Not  more  than  twenty-five  percent of the funds expended by any substate grantee or the governor may be used  to  provide  needs-related services pursuant to section eight hundred forty-six of this article and other supportive services as defined in this act.   3.  Not  more  than  twelve  percent of the funds expended by substate grantees  pursuant  to  paragraph  three  of   section   eight   hundred forty-eight of this article shall be used for administrative expenses.   4.  (a)  Twelve  percent of the funds allocated to the state for state level activities in each year shall be made available to the  department for  administrative expenses. Provided further that not more than twelve percent of such funds shall be expended by the  department  pursuant  to subdivision one of section eight hundred forty-eight of this article for administrative  expenses  including  technical assistance and fiscal and compliance auditing.  (b) Six hundred seventy-five thousand dollars of the  funds  allocated to  the  state  for state level activities in subdivision one of section eight hundred forty-eight of this article in each  year  shall  be  made available  for  statewide projects and demonstration programs authorized pursuant to section eight hundred forty-one of this article.  (c) Sixteen percent, plus three hundred thousand dollars, of the funds allocated to the state for state level activities in each year shall  be made  available  for  rapid  response  activities authorized pursuant to section eight hundred forty of this article, including  the  funding  of innovative  programs  for  the  delivery  of  rapid response services to dislocated  workers.  No  single  state  agency,  department,  board  or commission  shall  receive  a  suballocation from the department of more than twenty percent of the funds allocated by this paragraph. Any  funds suballocated  to  the  department  of  economic development shall be for feasibility studies as provided in section eight hundred  forty-four  of this article.  (d)  Fifty  percent  of  funds  allocated to the state for state level activities in each year remaining after  funding  is  provided  for  the purposes  described  in paragraphs (a), (b) and (c) of this subdivision, which amount shall not exceed one  million  seventy-six  thousand  three hundred  fifty  dollars,  shall  be  made available for the provision of employer specific skills training.   Not more than five percent of the  funds  expended  pursuant  to  this paragraph  shall  be expended for administrative activities by the state education department.  All  remaining  monies  made  available  for  the purpose  described  in section eight hundred forty-three of this article shall be suballocated to the state department of education.  (e) Fifty percent of funds allocated to  the  state  for  state  level activities  in  each  year  remaining  after funding is provided for the purposes described in paragraphs (a), (b) and (c)  of  this  subdivision and any amount remaining after funding is provided for employer specific skills  training pursuant to paragraph (d) of this subdivision, shall be made available for the purposes described in subdivision two of  section eight  hundred  forty-one  of  this  article. Such funding shall be made available to substate areas or to the  department  for  the  purpose  of responding   to   plant   closings  and  substantial  layoffs  including employment losses involving  exceptional  circumstances  as  defined  in subdivision  three  of  section  eight  hundred forty of this article as authorized by the commissioner which were unanticipated at the  time  of submission  of  the  annual  plan  required  by  section  eight  hundred  thirty-nine of this article. Substate grantees shall have precedence  in receiving   such  funding.  Notwithstanding  the  requirements  of  this paragraph, not more than one-third of such money may be  made  available to  substate  areas for the purpose of responding to significant layoffs which were unanticipated at the time of submission of  the  annual  plan required  by  section eight hundred thirty-nine of this article. For the purpose of this paragraph significant layoffs shall mean  any  reduction in force which is not the result of a plant closing and which results in an  employment  loss  at  a  single  site  of  employment  of  at  least thirty-three percent of the  employees  (excluding  employees  regularly working less than twenty hours per week). Not more than seven percent of expended   funds   shall  be  retained  by  the  substate  grantees  for administrative  expenses.  Each  substate  grantee  with  a  demand  for services  which exceed those otherwise available under the substate plan shall be eligible for grants according to the following criteria:  (i) the substate grantee must demonstrate its need through  submission of  a  written  request  which includes the amount of additional funding needed, number of dislocated workers or additional dislocated workers to be served, type of services to be provided, and  a  description  of  the substantial  or  significant  layoff  or  plant closing which led to the request;  (ii)  requests  for  additional  funding  which  would  provide  added retraining  services  or  regional  or  statewide  services  to identify dislocated workers or additional dislocated workers who are most in need of services and the types of services  they  need  shall  be  considered before funds are released for added basic readjustment services; and  (iii)  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  section eight hundred forty-eight of this article.  (f)  The  commissioner shall report to the chairs and ranking minority members of the senate and assembly labor, finance  and  ways  and  means committees,  no later than March first of each year on (i) the amount of each suballocation or contract made from funds  made  available  through paragraphs  (b)  and  (c)  of  this  subdivision,  including  any  funds recaptured  pursuant  to  subdivision  four  of  section  eight  hundred forty-eight   of   this   article,   (ii)   the  entity  receiving  such suballocation or contract and (iii) the purpose of such suballocation or contract.   5. Not more than twelve percent of  the  funds  expended  pursuant  to paragraph (a) of subdivision two of section eight hundred forty-eight of this   article   shall   be   retained  by  the  substate  grantees  for administrative expenses.