NY Econ Dev L § 202 (2021)
2021 New York Laws COM - Economic Development Law Article 8 - Economic Development Skills Training Program 202 - Skills Development Assistance.

§  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.