2006 New York Code - 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.