Bill Text: NY A01426 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to requiring first consideration of unemployed individuals, low-income individuals, dislocated workers, individuals training for nontraditional employment, as defined in the federal workforce investment act of nineteen hundred ninety-eight (P.L.105-220), veterans, and individuals with disabilities for hiring for positions created as a result of economic development assistance.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2020-01-08 - referred to labor [A01426 Detail]
Download: New_York-2019-A01426-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1426 2019-2020 Regular Sessions IN ASSEMBLY January 15, 2019 ___________ Introduced by M. of A. SIMON, GOTTFRIED, CRESPO, MOSLEY, D'URSO -- read once and referred to the Committee on Labor AN ACT to amend the economic development law, the public authorities law, the general municipal law and the New York state urban develop- ment corporation act, in relation to requiring first consideration of unemployed individuals, low-income individuals, dislocated workers, individuals training for nontraditional employment, as defined in the federal workforce investment act of nineteen hundred ninety-eight (P.L. 105-220), veterans, and individuals with disabilities for hiring for positions created as a result of economic development assistance The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (j) of section 184 of the economic development 2 law, as added by chapter 32 of the laws of 1987, is amended to read as 3 follows: 4 (j) the extent of the applicant's willingness to make jobs available 5 to [persons defined as eligible for services under the federal job6training partnership act of nineteen hundred eighty-two] unemployed 7 individuals, low-income individuals, dislocated workers, individuals 8 training for non-traditional employment, as defined in the federal work- 9 force investment act of nineteen hundred ninety-eight (P.L. 105-220), 10 veterans, and individuals with disabilities and the extent of the appli- 11 cant's willingness to satisfy affirmative action goals; 12 § 2. Subdivisions 1 and 5 of section 202 of the economic development 13 law, as added by chapter 839 of the laws of 1987, are amended to read as 14 follows: 15 1. The department shall provide assistance to approved applicants for 16 the purpose of offering skills training services that will foster 17 economic development by creating or preserving jobs. For the purposes of 18 this section, "applicant" shall mean an educational agency, business, or 19 industry group or association, an employee union or organizations, a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01783-01-9A. 1426 2 1 community based organization, grant recipient or administrative entity 2 of the [service delivery area] local workforce investment area and 3 [private industry council] local workforce investment board as defined 4 by the federal [job training partnership act (P.L. 97-300)] workforce 5 investment act of nineteen hundred ninety-eight (P.L. 105-220), provided 6 that such groups have demonstrated effectiveness in the delivery of 7 training services. Any assistance provided shall be matched at least 8 equally by financing or contribution from other sources. Such skills 9 training services shall include: 10 (a) training for entry-level employment and worker skills upgrading; 11 or 12 (b) payment of on-the-job training costs for a period not to exceed 13 twelve weeks or classroom instruction, or a combination thereof. 14 5. For any positions opened as a result of assistance provided under 15 this section businesses so assisted shall provide notice of position 16 openings to the local workforce investment board and shall first consid- 17 er [persons eligible to participate in federal job training partnership18act (P.L. 97-300) programs] unemployed individuals, low-income individ- 19 uals, dislocated workers, individuals training for non-traditional 20 employment, as defined in the federal workforce investment act of nine- 21 teen hundred ninety-eight (P.L. 105-220), veterans, and individuals with 22 disabilities who shall be referred to the business by administrative 23 entities of [service delivery areas] local workforce investment areas 24 created pursuant to such act or by the [job service division] division 25 of employment services of the department of labor. 26 § 3. Subdivision 8 of section 224 of the economic development law, as 27 added by chapter 291 of the laws of 1990, is amended to read as follows: 28 8. Job listings. For any positions opened as a result of assistance 29 provided under this section businesses so assisted shall provide notice 30 of position openings to the local workforce investment board and shall 31 first consider [persons eligible to participate in federal job training32partnership act (P.L. 97-300) programs] unemployed individuals, low-in- 33 come individuals, dislocated workers, individuals training for non-trad- 34 itional employment, as defined in the federal workforce investment act 35 of nineteen hundred ninety-eight (P.L. 105-220), veterans, and individ- 36 uals with disabilities who shall be referred to the business by adminis- 37 trative entities of [service delivery areas] local workforce investment 38 areas created pursuant to such act or by the [job service division] 39 division of employment services of the department of labor. 40 § 4. Subparagraph 9 of paragraph (a) of subdivision 13 of section 1005 41 of the public authorities law, as amended by chapter 645 of the laws of 42 2006, is amended to read as follows: 43 (9) the extent of the business' willingness to make jobs available to 44 [persons defined as eligible for services under the federal job training45partnership act of nineteen hundred eighty-two] unemployed individuals, 46 low-income individuals, dislocated workers, individuals training for 47 non-traditional employment, as defined in the federal workforce invest- 48 ment act of nineteen hundred ninety-eight (P.L. 105-220), veterans, and 49 individuals with disabilities and the extent of the business' willing- 50 ness to satisfy affirmative action goals; 51 § 5. Subdivision 13-d of section 1804 of the public authorities law, 52 as amended by chapter 839 of the laws of 1992, is amended to read as 53 follows: 54 13-d. To require that any new employment opportunities created in 55 connection with industrial or commercial projects financed through loans 56 or loan guarantees from the authority shall be listed with the New YorkA. 1426 3 1 state department of labor [job service division] division of employment 2 services and with the administrative entity of the [service delivery3area] local workforce investment area created pursuant to the federal 4 [job training partnership act (P.L. 97-300)] workforce investment act of 5 nineteen hundred ninety-eight (P.L. 105-220) in which the project is 6 located and shall first consider for such employment opportunities 7 [persons eligible to participate in federal job training partnership act8programs] unemployed individuals, low-income individuals, dislocated 9 workers, individuals training for non-traditional employment, as defined 10 in the federal workforce investment act of nineteen hundred ninety-eight 11 (P.L. 105-220), veterans, and individuals with disabilities who shall be 12 referred to such firms by such administrative entities or by the [job13service division] division of employment services of the department of 14 labor; provided, however, that nothing contained [herein] in this 15 section shall be construed to require project occupants or business 16 entities as defined in section eighteen hundred twenty-seven of this 17 title, to violate any existing collective bargaining agreement with 18 respect to the hiring of new employees. Such listing shall be in a 19 manner and form prescribed by the authority in consultation with the 20 commissioner of labor and the commissioner of economic development. 21 § 6. Subdivision 2 of section 1967-a of the public authorities law, as 22 added by chapter 356 of the laws of 1993, is amended to read as follows: 23 2. Except as is otherwise provided by collective bargaining contracts 24 or agreements, new employment opportunities created as a result of 25 projects of the agency shall be listed with the New York State Depart- 26 ment of Labor [Community Services Division] division of employment 27 services, and with the administrative entity of the [service delivery28area] local workforce investment area created by the federal [job train-29ing partnership act (P.L. No. 97-300)] workforce investment act (P.L. 30 105-220) in which the project is located. Except as is otherwise 31 provided by collective bargaining contracts or agreements, sponsors of 32 projects shall agree, where practicable, to first consider [persons33eligible to participate in federal job training partnership (P.L. No.3497-300) programs] unemployed individuals, low-income individuals, dislo- 35 cated workers, individuals training for non-traditional employment, as 36 defined in the federal workforce investment act of nineteen hundred 37 ninety-eight (P.L. 105-220), veterans, and individuals with disabilities 38 who shall be referred by administrative entities of [service delivery39areas] local workforce investment areas created pursuant to such act or 40 by [community services division] the division of employment services of 41 the department of labor for such new employment opportunities. 42 § 7. Subdivision 2 of section 2329 of the public authorities law, as 43 added by chapter 356 of the laws of 1993, is amended to read as follows: 44 2. Except as is otherwise provided by collective bargaining contracts 45 or agreements, new employment opportunities created as a result of 46 projects of the agency shall be listed with the New York state depart- 47 ment of labor [community services division] division of employment 48 services, and with the administrative entity of the [service delivery49area] local workforce investment area created by the federal [job train-50ing partnership act (P.L. No. 97-300)] workforce investment act (P.L. 51 105-220) in which the project is located. Except as is otherwise 52 provided by collective bargaining contracts or agreements, sponsors of 53 projects shall agree, where practicable, to first consider [persons54eligible to participate in federal job training partnership (P.L. No.5597-300) programs] unemployed individuals, low-income individuals, dislo- 56 cated workers, individuals training for non-traditional employment, asA. 1426 4 1 defined in the federal workforce investment act of nineteen hundred 2 ninety-eight (P.L. 105-220), veterans, and individuals with disabilities 3 who shall be referred by administrative entities of [service delivery4areas] local workforce investment areas created pursuant to such act or 5 by the [community services division] division of employment services of 6 the department of labor for such new employment opportunities. 7 § 8. Subdivision 10 of section 3102-a of the public authorities law, 8 as added by chapter 291 of the laws of 1990, is amended to read as 9 follows: 10 10. For any positions opened as a result of a project conducted pursu- 11 ant to this section businesses so assisted shall provide notice of posi- 12 tion openings to the local workforce investment board and shall first 13 consider [persons eligible to participate in federal job training part-14nership act (P.L. 97-300) programs] unemployed individuals, low-income 15 individuals, dislocated workers, individuals training for non-tradition- 16 al employment, as defined in the federal workforce investment act of 17 nineteen hundred ninety-eight (P.L. 105-220), veterans, and individuals 18 with disabilities who shall be referred to the business by administra- 19 tive entities of [service delivery areas] local workforce investment 20 areas created pursuant to such act or by the [job service division] 21 division of employment services of the department of labor. 22 § 9. Subdivision 2 of section 858-b of the general municipal law, as 23 added by chapter 356 of the laws of 1993, is amended to read as follows: 24 2. Except as is otherwise provided by collective bargaining contracts 25 or agreements, new employment opportunities created as a result of 26 projects of the agency shall be listed with the New York state depart- 27 ment of labor [community services division] division of employment 28 services, and with the administrative entity of the [service delivery29area] local workforce investment area created by the federal [job train-30ing partnership act (P.L. No. 97-300)] workforce investment act (P.L. 31 105-220) in which the project is located. Except as is otherwise 32 provided by collective bargaining contracts or agreements, sponsors of 33 projects shall agree, where practicable, to first consider [persons34eligible to participate in the federal job training partnership (P.L.35No. 97-300) programs] unemployed individuals, low-income individuals, 36 dislocated workers, individuals training for non-traditional employment, 37 as defined in the federal workforce investment act of nineteen hundred 38 ninety-eight (P.L. 105-220), veterans, and individuals with disabilities 39 who shall be referred by administrative entities of [service delivery40areas] local workforce investment areas created pursuant to such act or 41 by the [community services division] division of employment services of 42 the department of labor for such [such] new employment opportunities. 43 § 10. Section 9-b of section 1 of chapter 174 of the laws of 1968 44 constituting the New York state urban development corporation act, as 45 added by chapter 839 of the laws of 1987, is amended to read as follows: 46 § 9-b. Positions opened as a result of assistance provided pursuant to 47 section nine-a of this act. For any positions opened as a result of 48 assistance provided pursuant to section nine-a of this act, industrial 49 firms so assisted shall provide notice of position openings to the local 50 workforce investment board and shall first consider [persons eligible to51participate in federal job training partnership act (P.L. 97-300)52programs] unemployed individuals, low-income individuals, dislocated 53 workers, individuals training for non-traditional employment, as defined 54 in the federal workforce investment act of nineteen hundred ninety-eight 55 (P.L. 105-220), veterans, and individuals with disabilities who shall be 56 referred to the industrial firm by administrative entities of [serviceA. 1426 5 1delivery areas] local workforce investment areas created pursuant to 2 such act or by the [job service division] division of employment 3 services of the department of labor. 4 § 11. Paragraph (g) of subdivision 2 of section 16-b of section 1 of 5 chapter 174 of the laws of 1968 constituting the New York state urban 6 development corporation act, as added by chapter 169 of the laws of 7 1994, is amended to read as follows: 8 (g) require companies receiving assistance pursuant to this section 9 [to first consider], for any new position opened as a result of assist- 10 ance, [persons eligible to participate in federal job training partner-11ship act programs (P.L. 97-3400) (29 U.S.C.A. SS 801 seq.)] to provide 12 notice of the position opening to the local workforce investment board 13 and to first consider unemployed individuals, low-income individuals, 14 dislocated workers, individuals training for non-traditional employment, 15 as defined in the federal workforce investment act of nineteen hundred 16 ninety-eight (P.L. 105-220), veterans, and individuals with disabilities 17 who shall be referred to the company by administrative entities of 18 [service delivery areas] local workforce investment areas created pursu- 19 ant to such act by the [job service division] division of employment 20 services of the department of labor. 21 § 12. Subdivision 9 of section 16-c of section 1 of chapter 174 of the 22 laws of 1968 constituting the New York state urban development corpo- 23 ration act, as added by chapter 169 of the laws of 1994, is amended to 24 read as follows: 25 (9) Priorities. The corporation shall give priority to applications 26 for assistance pursuant to this section in which the business seeking 27 such assistance indicates a commitment to provide notice of position 28 openings to the local workforce investment board and to first consider 29 [persons eligible to participate in federal job training partnership act30(P.L. 97-300) programs] unemployed individuals, low-income individuals, 31 dislocated workers, individuals training for non-traditional employment, 32 as defined in the federal workforce investment act of nineteen hundred 33 ninety-eight (P.L. 105-220), veterans, and individuals with disabilities 34 who shall be referred to the business by administrative entities of the 35 local workforce investment areas created pursuant to such act or by the 36 division of employment services of the department of labor. 37 § 13. Subdivisions 18 and 19 of section 16-e of section 1 of chapter 38 174 of the laws of 1968 constituting the New York state urban develop- 39 ment corporation act, as added by chapter 169 of the laws of 1994, are 40 amended to read as follows: 41 (18) Priority. In approving loans or grants authorized pursuant to the 42 provisions of this section, the corporation shall give priority consid- 43 eration to whether a project is located in an area of economic distress. 44 Other factors to be considered by the corporation shall include: 45 (a) The number of jobs created or retained; 46 (b) The number of jobs created for [persons eligible for benefits47under the provisions of the job training partnership act (P.L.4897-3400)(29 U.S.C.A. § 801 et seq.)] unemployed individuals, low-income 49 individuals, dislocated workers, individuals training for non-tradition- 50 al employment, as defined in the federal workforce investment act of 51 nineteen hundred ninety-eight (P.L. 105-220), veterans, and individuals 52 with disabilities; 53 (c) The priority accorded the proposed project by the regional econom- 54 ic development council; 55 (d) The participation of minority- and women-owned businesses;A. 1426 6 1 (e) The impact of the project on the employment and economic condition 2 of the community; 3 (f) The cost per job created or retained based on total project cost; 4 (g) The amount of private investment leveraged; 5 (h) The level of local public support; and 6 (i) The likelihood of accomplishing the project in a timely fashion. 7 In the event that the corporation does not follow the priorities of a 8 regional economic development council, it shall make a finding, in writ- 9 ing, as to why the council priority was not followed. 10 (19) Preference. For any positions opened as a result of business 11 development project loans, entities assisted shall provide notice of 12 position openings to the local workforce investment board and shall 13 first consider [persons eligible to participate in federal job training14partnership act programs (P.L. 97-3400) (29 U.S.C.A. §801 et. seq.)] 15 unemployed individuals, low-income individuals, dislocated workers, 16 individuals training for non-traditional employment, as defined in the 17 federal workforce investment act of nineteen hundred ninety-eight (P.L. 18 105-220), veterans, and individuals with disabilities, who shall be 19 referred to the business by administrative entities of [service delivery20areas] local workforce investment areas created pursuant to such act by 21 the [job service division] division of employment services of the 22 department of labor. 23 § 14. Subdivision 3 of section 16-h of section 1 of chapter 174 of the 24 laws of 1968 constituting the New York state urban development corpo- 25 ration act, as amended by section 3-c of part A of chapter 58 of the 26 laws of 1998, is amended to read as follows: 27 3. Applications for assistance pursuant to this section shall be 28 reviewed and evaluated in consultation with local government officials 29 and regional economic development offices pursuant to eligibility 30 requirements and criteria set forth in rules and regulations promulgated 31 by the corporation. The corporation shall develop and use a standard 32 application project form. In addition to such other criteria as the 33 corporation may adopt, the corporation shall give priority to applica- 34 tions for assistance in which the business indicates a commitment, for 35 new positions opened as a result of assistance provided under this 36 section, to provide notice of such position openings to the local work- 37 force investment board and to first consider unemployed individuals, 38 low-income individuals, dislocated workers, individuals training for 39 non-traditional employment, as defined in the federal workforce invest- 40 ment act of nineteen hundred ninety-eight (P.L. 105-220), veterans, and 41 individuals with disabilities who shall be referred to the business by 42 administrative entities of local workforce investment areas created 43 pursuant to such act or by the division of employment services of the 44 department of labor. 45 § 15. Section 16-m of section 1 of chapter 174 of the laws of 1968 46 constituting the New York state urban development corporation act is 47 amended by adding a new subdivision 2-a to read as follows: 48 2-a. For any positions opened as a result of a project conducted 49 pursuant to this section businesses so assisted shall provide notice of 50 position openings to the local workforce investment board and shall 51 first consider unemployed individuals, low-income individuals, dislo- 52 cated workers, individuals training for non-traditional employment, as 53 defined in the federal workforce investment act of nineteen hundred 54 ninety-eight (P.L. 105-220), veterans, and individuals with disabilities 55 who shall be referred to the industrial firm by administrative entitiesA. 1426 7 1 of local workforce investment areas created pursuant to such act or by 2 the division of employment services of the department of labor. 3 § 16. This act shall take effect immediately; provided, however, that 4 the amendments to subdivision 8 of section 224 of the economic develop- 5 ment law made by section three of this act shall take effect on the same 6 date and in the same manner as section 3 of chapter 291 of the laws of 7 1990 takes effect; and provided, further, that the amendments to section 8 16-m of the New York state urban development corporation act made by 9 section fifteen of this act shall not affect the expiration of such 10 section and shall be deemed to expire therewith.