2023 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.