Bill Text: NY S00768 | 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 2-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S00768 Detail]
Download: New_York-2019-S00768-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 768 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommu- nications 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01783-01-9S. 768 2 1 this section, "applicant" shall mean an educational agency, business, or 2 industry group or association, an employee union or organizations, a 3 community based organization, grant recipient or administrative entity 4 of the [service delivery area] local workforce investment area and 5 [private industry council] local workforce investment board as defined 6 by the federal [job training partnership act (P.L. 97-300)] workforce 7 investment act of nineteen hundred ninety-eight (P.L. 105-220), provided 8 that such groups have demonstrated effectiveness in the delivery of 9 training services. Any assistance provided shall be matched at least 10 equally by financing or contribution from other sources. Such skills 11 training services shall include: 12 (a) training for entry-level employment and worker skills upgrading; 13 or 14 (b) payment of on-the-job training costs for a period not to exceed 15 twelve weeks or classroom instruction, or a combination thereof. 16 5. For any positions opened as a result of assistance provided under 17 this section businesses so assisted shall provide notice of position 18 openings to the local workforce investment board and shall first consid- 19 er [persons eligible to participate in federal job training partnership20act (P.L. 97-300) programs] unemployed individuals, low-income individ- 21 uals, dislocated workers, individuals training for non-traditional 22 employment, as defined in the federal workforce investment act of nine- 23 teen hundred ninety-eight (P.L. 105-220), veterans, and individuals with 24 disabilities who shall be referred to the business by administrative 25 entities of [service delivery areas] local workforce investment areas 26 created pursuant to such act or by the [job service division] division 27 of employment services of the department of labor. 28 § 3. Subdivision 8 of section 224 of the economic development law, as 29 added by chapter 291 of the laws of 1990, is amended to read as follows: 30 8. Job listings. For any positions opened as a result of assistance 31 provided under this section businesses so assisted shall provide notice 32 of position openings to the local workforce investment board and shall 33 first consider [persons eligible to participate in federal job training34partnership act (P.L. 97-300) programs] unemployed individuals, low-in- 35 come individuals, dislocated workers, individuals training for non-trad- 36 itional employment, as defined in the federal workforce investment act 37 of nineteen hundred ninety-eight (P.L. 105-220), veterans, and individ- 38 uals with disabilities who shall be referred to the business by adminis- 39 trative entities of [service delivery areas] local workforce investment 40 areas created pursuant to such act or by the [job service division] 41 division of employment services of the department of labor. 42 § 4. Subparagraph 9 of paragraph (a) of subdivision 13 of section 1005 43 of the public authorities law, as amended by chapter 645 of the laws of 44 2006, is amended to read as follows: 45 (9) the extent of the business' willingness to make jobs available to 46 [persons defined as eligible for services under the federal job training47partnership act of nineteen hundred eighty-two] unemployed individuals, 48 low-income individuals, dislocated workers, individuals training for 49 non-traditional employment, as defined in the federal workforce invest- 50 ment act of nineteen hundred ninety-eight (P.L. 105-220), veterans, and 51 individuals with disabilities and the extent of the business' willing- 52 ness to satisfy affirmative action goals; 53 § 5. Subdivision 13-d of section 1804 of the public authorities law, 54 as amended by chapter 839 of the laws of 1992, is amended to read as 55 follows:S. 768 3 1 13-d. To require that any new employment opportunities created in 2 connection with industrial or commercial projects financed through loans 3 or loan guarantees from the authority shall be listed with the New York 4 state department of labor [job service division] division of employment 5 services and with the administrative entity of the [service delivery6area] local workforce investment area created pursuant to the federal 7 [job training partnership act (P.L. 97-300)] workforce investment act of 8 nineteen hundred ninety-eight (P.L. 105-220) in which the project is 9 located and shall first consider for such employment opportunities 10 [persons eligible to participate in federal job training partnership act11programs] unemployed individuals, low-income individuals, dislocated 12 workers, individuals training for non-traditional employment, as defined 13 in the federal workforce investment act of nineteen hundred ninety-eight 14 (P.L. 105-220), veterans, and individuals with disabilities who shall be 15 referred to such firms by such administrative entities or by the [job16service division] division of employment services of the department of 17 labor; provided, however, that nothing contained [herein] in this 18 section shall be construed to require project occupants or business 19 entities as defined in section eighteen hundred twenty-seven of this 20 title, to violate any existing collective bargaining agreement with 21 respect to the hiring of new employees. Such listing shall be in a 22 manner and form prescribed by the authority in consultation with the 23 commissioner of labor and the commissioner of economic development. 24 § 6. Subdivision 2 of section 1967-a of the public authorities law, as 25 added by chapter 356 of the laws of 1993, is amended to read as follows: 26 2. Except as is otherwise provided by collective bargaining contracts 27 or agreements, new employment opportunities created as a result of 28 projects of the agency shall be listed with the New York State Depart- 29 ment of Labor [Community Services Division] division of employment 30 services, and with the administrative entity of the [service delivery31area] local workforce investment area created by the federal [job train-32ing partnership act (P.L. No. 97-300)] workforce investment act (P.L. 33 105-220) in which the project is located. Except as is otherwise 34 provided by collective bargaining contracts or agreements, sponsors of 35 projects shall agree, where practicable, to first consider [persons36eligible to participate in federal job training partnership (P.L. No.3797-300) programs] unemployed individuals, low-income individuals, dislo- 38 cated workers, individuals training for non-traditional employment, as 39 defined in the federal workforce investment act of nineteen hundred 40 ninety-eight (P.L. 105-220), veterans, and individuals with disabilities 41 who shall be referred by administrative entities of [service delivery42areas] local workforce investment areas created pursuant to such act or 43 by [community services division] the division of employment services of 44 the department of labor for such new employment opportunities. 45 § 7. Subdivision 2 of section 2329 of the public authorities law, as 46 added by chapter 356 of the laws of 1993, is amended to read as follows: 47 2. Except as is otherwise provided by collective bargaining contracts 48 or agreements, new employment opportunities created as a result of 49 projects of the agency shall be listed with the New York state depart- 50 ment of labor [community services division] division of employment 51 services, and with the administrative entity of the [service delivery52area] local workforce investment area created by the federal [job train-53ing partnership act (P.L. No. 97-300)] workforce investment act (P.L. 54 105-220) in which the project is located. Except as is otherwise 55 provided by collective bargaining contracts or agreements, sponsors of 56 projects shall agree, where practicable, to first consider [personsS. 768 4 1eligible to participate in federal job training partnership (P.L. No.297-300) programs] unemployed individuals, low-income individuals, dislo- 3 cated workers, individuals training for non-traditional employment, as 4 defined in the federal workforce investment act of nineteen hundred 5 ninety-eight (P.L. 105-220), veterans, and individuals with disabilities 6 who shall be referred by administrative entities of [service delivery7areas] local workforce investment areas created pursuant to such act or 8 by the [community services division] division of employment services of 9 the department of labor for such new employment opportunities. 10 § 8. Subdivision 10 of section 3102-a of the public authorities law, 11 as added by chapter 291 of the laws of 1990, is amended to read as 12 follows: 13 10. For any positions opened as a result of a project conducted pursu- 14 ant to this section businesses so assisted shall provide notice of posi- 15 tion openings to the local workforce investment board and shall first 16 consider [persons eligible to participate in federal job training part-17nership act (P.L. 97-300) programs] unemployed individuals, low-income 18 individuals, dislocated workers, individuals training for non-tradition- 19 al employment, as defined in the federal workforce investment act of 20 nineteen hundred ninety-eight (P.L. 105-220), veterans, and individuals 21 with disabilities who shall be referred to the business by administra- 22 tive entities of [service delivery areas] local workforce investment 23 areas created pursuant to such act or by the [job service division] 24 division of employment services of the department of labor. 25 § 9. Subdivision 2 of section 858-b of the general municipal law, as 26 added by chapter 356 of the laws of 1993, is amended to read as follows: 27 2. Except as is otherwise provided by collective bargaining contracts 28 or agreements, new employment opportunities created as a result of 29 projects of the agency shall be listed with the New York state depart- 30 ment of labor [community services division] division of employment 31 services, and with the administrative entity of the [service delivery32area] local workforce investment area created by the federal [job train-33ing partnership act (P.L. No. 97-300)] workforce investment act (P.L. 34 105-220) in which the project is located. Except as is otherwise 35 provided by collective bargaining contracts or agreements, sponsors of 36 projects shall agree, where practicable, to first consider [persons37eligible to participate in the federal job training partnership (P.L.38No. 97-300) programs] unemployed individuals, low-income individuals, 39 dislocated workers, individuals training for non-traditional employment, 40 as defined in the federal workforce investment act of nineteen hundred 41 ninety-eight (P.L. 105-220), veterans, and individuals with disabilities 42 who shall be referred by administrative entities of [service delivery43areas] local workforce investment areas created pursuant to such act or 44 by the [community services division] division of employment services of 45 the department of labor for such [such] new employment opportunities. 46 § 10. Section 9-b of section 1 of chapter 174 of the laws of 1968 47 constituting the New York state urban development corporation act, as 48 added by chapter 839 of the laws of 1987, is amended to read as follows: 49 § 9-b. Positions opened as a result of assistance provided pursuant to 50 section nine-a of this act. For any positions opened as a result of 51 assistance provided pursuant to section nine-a of this act, industrial 52 firms so assisted shall provide notice of position openings to the local 53 workforce investment board and shall first consider [persons eligible to54participate in federal job training partnership act (P.L. 97-300)55programs] unemployed individuals, low-income individuals, dislocated 56 workers, individuals training for non-traditional employment, as definedS. 768 5 1 in the federal workforce investment act of nineteen hundred ninety-eight 2 (P.L. 105-220), veterans, and individuals with disabilities who shall be 3 referred to the industrial firm by administrative entities of [service4delivery areas] local workforce investment areas created pursuant to 5 such act or by the [job service division] division of employment 6 services of the department of labor. 7 § 11. Paragraph (g) of subdivision 2 of section 16-b of section 1 of 8 chapter 174 of the laws of 1968 constituting the New York state urban 9 development corporation act, as added by chapter 169 of the laws of 10 1994, is amended to read as follows: 11 (g) require companies receiving assistance pursuant to this section 12 [to first consider], for any new position opened as a result of assist- 13 ance, [persons eligible to participate in federal job training partner-14ship act programs (P.L. 97-3400) (29 U.S.C.A. SS 801 seq.)] to provide 15 notice of the position opening to the local workforce investment board 16 and to first consider unemployed individuals, low-income individuals, 17 dislocated workers, individuals training for non-traditional employment, 18 as defined in the federal workforce investment act of nineteen hundred 19 ninety-eight (P.L. 105-220), veterans, and individuals with disabilities 20 who shall be referred to the company by administrative entities of 21 [service delivery areas] local workforce investment areas created pursu- 22 ant to such act by the [job service division] division of employment 23 services of the department of labor. 24 § 12. Subdivision 9 of section 16-c of section 1 of chapter 174 of the 25 laws of 1968 constituting the New York state urban development corpo- 26 ration act, as added by chapter 169 of the laws of 1994, is amended to 27 read as follows: 28 (9) Priorities. The corporation shall give priority to applications 29 for assistance pursuant to this section in which the business seeking 30 such assistance indicates a commitment to provide notice of position 31 openings to the local workforce investment board and to first consider 32 [persons eligible to participate in federal job training partnership act33(P.L. 97-300) programs] unemployed individuals, low-income individuals, 34 dislocated workers, individuals training for non-traditional employment, 35 as defined in the federal workforce investment act of nineteen hundred 36 ninety-eight (P.L. 105-220), veterans, and individuals with disabilities 37 who shall be referred to the business by administrative entities of the 38 local workforce investment areas created pursuant to such act or by the 39 division of employment services of the department of labor. 40 § 13. Subdivisions 18 and 19 of section 16-e of section 1 of chapter 41 174 of the laws of 1968 constituting the New York state urban develop- 42 ment corporation act, as added by chapter 169 of the laws of 1994, are 43 amended to read as follows: 44 (18) Priority. In approving loans or grants authorized pursuant to the 45 provisions of this section, the corporation shall give priority consid- 46 eration to whether a project is located in an area of economic distress. 47 Other factors to be considered by the corporation shall include: 48 (a) The number of jobs created or retained; 49 (b) The number of jobs created for [persons eligible for benefits50under the provisions of the job training partnership act (P.L.5197-3400)(29 U.S.C.A. § 801 et seq.)] unemployed individuals, low-income 52 individuals, dislocated workers, individuals training for non-tradition- 53 al employment, as defined in the federal workforce investment act of 54 nineteen hundred ninety-eight (P.L. 105-220), veterans, and individuals 55 with disabilities;S. 768 6 1 (c) The priority accorded the proposed project by the regional econom- 2 ic development council; 3 (d) The participation of minority- and women-owned businesses; 4 (e) The impact of the project on the employment and economic condition 5 of the community; 6 (f) The cost per job created or retained based on total project cost; 7 (g) The amount of private investment leveraged; 8 (h) The level of local public support; and 9 (i) The likelihood of accomplishing the project in a timely fashion. 10 In the event that the corporation does not follow the priorities of a 11 regional economic development council, it shall make a finding, in writ- 12 ing, as to why the council priority was not followed. 13 (19) Preference. For any positions opened as a result of business 14 development project loans, entities assisted shall provide notice of 15 position openings to the local workforce investment board and shall 16 first consider [persons eligible to participate in federal job training17partnership act programs (P.L. 97-3400) (29 U.S.C.A. §801 et. seq.)] 18 unemployed individuals, low-income individuals, dislocated workers, 19 individuals training for non-traditional employment, as defined in the 20 federal workforce investment act of nineteen hundred ninety-eight (P.L. 21 105-220), veterans, and individuals with disabilities, who shall be 22 referred to the business by administrative entities of [service delivery23areas] local workforce investment areas created pursuant to such act by 24 the [job service division] division of employment services of the 25 department of labor. 26 § 14. Subdivision 3 of section 16-h of section 1 of chapter 174 of the 27 laws of 1968 constituting the New York state urban development corpo- 28 ration act, as amended by section 3-c of part A of chapter 58 of the 29 laws of 1998, is amended to read as follows: 30 3. Applications for assistance pursuant to this section shall be 31 reviewed and evaluated in consultation with local government officials 32 and regional economic development offices pursuant to eligibility 33 requirements and criteria set forth in rules and regulations promulgated 34 by the corporation. The corporation shall develop and use a standard 35 application project form. In addition to such other criteria as the 36 corporation may adopt, the corporation shall give priority to applica- 37 tions for assistance in which the business indicates a commitment, for 38 new positions opened as a result of assistance provided under this 39 section, to provide notice of such position openings to the local work- 40 force investment board and to first consider unemployed individuals, 41 low-income individuals, dislocated workers, individuals training for 42 non-traditional employment, as defined in the federal workforce invest- 43 ment act of nineteen hundred ninety-eight (P.L. 105-220), veterans, and 44 individuals with disabilities who shall be referred to the business by 45 administrative entities of local workforce investment areas created 46 pursuant to such act or by the division of employment services of the 47 department of labor. 48 § 15. Section 16-m of section 1 of chapter 174 of the laws of 1968 49 constituting the New York state urban development corporation act is 50 amended by adding a new subdivision 2-a to read as follows: 51 2-a. For any positions opened as a result of a project conducted 52 pursuant to this section businesses so assisted shall provide notice of 53 position openings to the local workforce investment board and shall 54 first consider unemployed individuals, low-income individuals, dislo- 55 cated workers, individuals training for non-traditional employment, as 56 defined in the federal workforce investment act of nineteen hundredS. 768 7 1 ninety-eight (P.L. 105-220), veterans, and individuals with disabilities 2 who shall be referred to the industrial firm by administrative entities 3 of local workforce investment areas created pursuant to such act or by 4 the division of employment services of the department of labor. 5 § 16. This act shall take effect immediately; provided, however, that 6 the amendments to subdivision 8 of section 224 of the economic develop- 7 ment law made by section three of this act shall take effect on the same 8 date and in the same manner as section 3 of chapter 291 of the laws of 9 1990 takes effect; and provided, further, that the amendments to section 10 16-m of the New York state urban development corporation act made by 11 section fifteen of this act shall not affect the expiration of such 12 section and shall be deemed to expire therewith.