2016 New York Laws
LAB - Labor
Article 24 - (Labor) 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.