S T A T E O F N E W Y O R K
________________________________________________________________________
3334
2013-2014 Regular Sessions
I N A S S E M B L Y
January 24, 2013
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Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Higher Education
AN ACT to amend the economic development law, in relation to establish-
ing centers of workforce achievement
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The purpose of this act is to advance
the creation of public/private partnerships between the state university
of New York's community colleges and private businesses by instituting
the designation of centers of workforce achievement; the creation of a
designation of center of workforce achievement; the creation of a fund-
ing stream to support the creation and development of these centers of
workforce development and training. The designation as a center of work-
force achievement will allow community colleges to form collaborative
partnerships with regional workforce investment boards, industrial
development agencies, and private businesses to accurately assess the
gap between middle skill and high skills training and the jobs that are
available in each region. Many community colleges are already engaging
in public/private partnerships with local businesses. It is estimated
that up to eighty percent of community college graduates remain in the
area and as technologies and industries evolve, our education system
must also evolve to create a workforce that is equipped with the skills
to perform these new jobs.
S 2. The economic development law is amended by adding a new article
19-A to read as follows:
ARTICLE 19-A
CENTERS OF WORKFORCE
ACHIEVEMENT PROGRAM
SECTION 415. CENTERS OF WORKFORCE ACHIEVEMENT PROGRAM.
S 415. CENTERS OF WORKFORCE ACHIEVEMENT PROGRAM. THE CENTERS OF WORK-
FORCE ACHIEVEMENT PROGRAM IS HEREBY ESTABLISHED FOR THE PURPOSE OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03048-01-3
A. 3334 2
FOSTERING COLLABORATION BETWEEN THE STATE UNIVERSITY OF NEW YORK'S
COMMUNITY COLLEGES AND THE PRIVATE BUSINESS SECTOR TO DEVELOP A SKILLED
WORKFORCE THAT MEETS THE NEEDS OF THE LOCAL AND REGIONAL COMMUNITY.
1. SUCH CENTERS SHALL BE DESIGNATED TO OPERATE PURSUANT TO THIS ACT IN
AREAS IDENTIFIED BY THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES
AND THE DEPARTMENT AND AS HAVING SIGNIFICANT POTENTIAL FOR ECONOMIC
GROWTH AND JOB CREATION IN NEW YORK.
2. (A) AS A CONDITION OF RECEIPT OF SUPPORT AUTHORIZED PURSUANT TO
THIS SECTION, EACH STATE UNIVERSITY OF NEW YORK COMMUNITY COLLEGE
PARTICIPATING IN THE CENTERS OF WORKFORCE ACHIEVEMENT PROGRAM SHALL
ANNUALLY SUBMIT TO THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES
AND THE DEPARTMENT A PLAN AND CURRICULUM PURSUANT TO SUBDIVISION FOUR OF
THIS SECTION WHICH IDENTIFIES THE LOCAL AND REGIONAL BUSINESS NEEDS AS
THEY PERTAIN TO WORKFORCE DEVELOPMENT AND TRAINING AND HOW THE COMMUNITY
COLLEGE IS WORKING TO RECRUIT AND TRAIN STUDENTS TO FULFILL SUCH NEEDS.
(B) NO AWARD OR DISBURSEMENT OF FUNDS PURSUANT TO THE CENTER OF WORK-
FORCE ACHIEVEMENT PROGRAM SHALL BE MADE UNTIL: (I) APPLICANT COLLEGES,
IN CONSULTATION WITH STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES
AND THE DEPARTMENT, HAVE PREPARED A CENTER OF WORKFORCE ACHIEVEMENT
PROGRAM AND FINANCING PLAN FOR EACH CENTER OF WORKFORCE ACHIEVEMENT
WHICH SHALL SPECIFY: (1) THE PURPOSES AND PLANS FOR ANY FACILITIES,
EQUIPMENT, AND FEATURES TO BE INCLUDED IN SUCH PROGRAM; (2) A
DESCRIPTION OF THE CONSORTIUM OF INSTITUTIONS/ORGANIZATIONS INVOLVED,
THEIR RESPONSIBILITIES AND CONTRIBUTIONS, AND THE STRUCTURE AND GOVER-
NANCE OF THE COLLABORATION, PROVIDED THAT SUCH CONSORTIUM'S GOVERNANCE
STRUCTURE SHALL INCLUDE MEMBERS REPRESENTING THE INVOLVED ACADEMIC
AND/OR RESEARCH INSTITUTIONS, BUSINESS PARTNERS, AND REPRESENTATIVES OF
THE LOCAL BUSINESS COMMUNITY; (3) EVIDENCE OF THE LEVEL OF NON-STATE
FINANCING COMMITTED TO THE PROGRAM BY SUCH COLLABORATING PARTIES; (4)
EFFORTS TO OBTAIN AND ADMINISTER CORPORATE, FEDERAL AND/OR FOUNDATION
SUPPORT; (5) EVIDENCE THAT STATE FUNDING PROVIDED PURSUANT TO THIS ACT
REPRESENT NO MORE THAN TWENTY-FIVE PERCENT OF THE TOTAL PROJECT COSTS AS
THEN ESTIMATED BY THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES.
PROVIDED THAT, IN ESTIMATING SUCH PERCENTAGE, THE CORPORATION SHALL
CONSIDER MATCHING FUNDS FROM THE PROJECT SPONSOR OR OTHER SOURCES IN THE
FORM OF ALLOCATED FUNDS (CASH); IN-KIND PERSONNEL, EQUIPMENT OR MATERIAL
DONATIONS; FEDERAL FUNDS REASONABLY ANTICIPATED TO BE RECEIVED BY THE
PROJECT SPONSORS; SIGNIFICANT FINANCIAL CONTRIBUTIONS TO THE PROJECT
SPONSOR; PRORATED OPERATIONAL COSTS; OR COMBINATIONS OF THESE FORMS. IN
THE EVENT THAT A PROJECT SPONSOR REQUESTS FUNDING IN EXCESS OF SUCH
TWENTY-FIVE PERCENT LIMIT, UPON THE RECOMMENDATION OF THE STATE UNIVER-
SITY OF NEW YORK'S BOARD OF TRUSTEES THE DIRECTOR OF THE DIVISION OF THE
BUDGET MAY AUTHORIZE THE PROVISION OF CENTER OF WORKFORCE ACHIEVEMENT
FUNDING PURSUANT TO THE AUTHORITY ESTABLISHED IN THIS SECTION OR DIRECT-
LY APPROPRIATED BY THE STATE IN EXCESS OF TWENTY-FIVE PERCENT OF TOTAL
PROJECT COSTS; (6) A DETAILED FINANCIAL PLAN AND TIME LINE FOR THE
PROPOSED PROJECT INCLUDING TOTAL PROJECT COST, SOURCES AND USES OF
FUNDS, AND OPERATING BUDGETS; (7) AN APPROPRIATE PLAN FOR THE DEVELOP-
MENT, STAFFING, OPERATION, AND CONTINUING USE AND DEVELOPMENT OF THE
PROGRAM; (8) THE ANTICIPATED WORKFORCE DEVELOPMENT BENEFITS; AND (9)
SUCH OTHER INFORMATION AS THE STATE UNIVERSITY OF NEW YORK'S BOARD OF
TRUSTEES SHALL REQUIRE.
(C) ONCE THE CERTIFIED PROGRAM AND FINANCING PLAN HAS BEEN APPROVED BY
THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK THE FINANCING
PLAN SHALL BE SUBMITTED TO THE DIRECTOR OF THE DIVISION OF THE BUDGET
AND COPIES OF SUCH PLAN SHALL BE FILED WITH THE CHAIRMAN OF THE SENATE
A. 3334 3
FINANCE COMMITTEE AND THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE. (1) ANY AMENDMENT TO A CENTER OF WORKFORCE ACHIEVEMENT
PROGRAM AND FINANCING PLAN MUST BE REVIEWED, APPROVED AND CERTIFIED BY
THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK AND SUBMITTED
TO THE DIRECTOR OF THE DIVISION OF THE BUDGET PRIOR TO ADOPTION PURSUANT
TO THE REQUIREMENTS OF THIS SECTION; AND, UPON ADOPTION, FILED WITH THE
CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE ASSEM-
BLY WAYS AND MEANS COMMITTEE.
(2) NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
NO MORE THAN THREE AND ONE-HALF OF ONE PERCENT OF ANY GRANT ISSUED UNDER
THE CENTERS OF WORKFORCE ACHIEVEMENT PROGRAM MAY BE ALLOCATED TO ANY
PUBLIC, NOT-FOR-PROFIT OR ACADEMIC INSTITUTION OR TO ANY SUBSIDIARY OR
ORGANIZATION ASSOCIATED THEREOF FOR PURPOSES TO INCLUDE, BUT NOT BE
LIMITED TO, ANY DIRECT OR INDIRECT COSTS OF ADMINISTERING THE PROGRAM IN
SUCH INSTITUTION, SUBSIDIARY OR ASSOCIATION NOT CONTAINED IN THE APPLI-
CATION REQUESTING SUCH FUNDS, PROVIDED HOWEVER THAT NO MONIES GRANTED
UNDER THE CENTERS OF ACHIEVEMENT PROGRAM MAY BE USED TO SUPPLANT ANY
DIRECT OR INDIRECT COSTS OF SUCH INSTITUTION, SUBSIDIARY OR ASSOCIATED
ORGANIZATION.
3. (A) FROM SUCH FUNDS AS MAY BE APPROPRIATED FOR THIS PURPOSE BY THE
LEGISLATURE, THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES MAY
PROVIDE FINANCIAL SUPPORT, THROUGH CONTRACTS OR OTHER MEANS, IN ORDER TO
ENHANCE AND ACCELERATE CENTER OPERATIONS IN JOINT COLLEGE/INDUSTRY WORK-
FORCE TRAINING. FUNDS RECEIVED PURSUANT TO THIS SECTION MAY BE USED FOR
THE EMPLOYMENT OF FACULTY AND STAFF, PROVISION OF GRADUATE FELLOWSHIPS,
OR OTHER OPERATING EXPENSES THAT ARE ALIGNED WITH THE CENTER'S STRATEGY
AND APPROVED BY THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES.
(B) FUNDS SHALL BE MATCHED ON A ONE TO ONE BASIS BY THE INSTITUTION
RECEIVING THE FUNDS AND COLLABORATIVE PARTNERS IN THE FORM OF CASH OR
IN-KIND PERSONNEL, EQUIPMENT, MATERIAL DONATIONS, AND OTHER FACILITY AND
OPERATIONS EXPENDITURES.
4. (A) EACH PARTICIPATING COMMUNITY COLLEGE SHALL DEVELOP A CURRICULUM
TO SUIT THE NEEDS OF LOCAL AND REGIONAL BUSINESSES AS IDENTIFIED IN
THEIR PLAN PURSUANT TO SUBDIVISION TWO OF THIS SECTION AND WORK TO
RECRUIT STUDENTS TO EDUCATE THEM AND TURN THEM INTO A SKILLED WORKFORCE
THAT MEETS THE NEEDS OF THE LOCAL BUSINESS SECTOR.
(B) PARTICIPATING COMMUNITY COLLEGES SHALL ENTER INTO PARTNERSHIPS
WITH SELECTED PRIVATE BUSINESSES TO ENSURE THAT ONCE THE WORKERS ARE
TRAINED, A JOB WILL BE AVAILABLE FOR THEM. SUCH PROCESS MAY BE FACILI-
TATED THROUGH INTERNSHIP PROGRAMS WHICH ALLOW STUDENTS TO WORK IN
SELECTED BUSINESS FOR CREDIT HOURS AT THE COMMUNITY COLLEGE OR OTHER
MEANS AS THE COLLEGE SHALL DEEM APPROPRIATE. SUCH CURRICULUM SHALL BE
SPECIALIZED WITH THE GOAL OF MEETING THE REGIONAL DEMANDS OF BUSINESS
ENTITIES.
5. (A) THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES SHALL, ON
OR BEFORE FEBRUARY FIRST, TWO THOUSAND SIXTEEN AND EVERY YEAR THEREAFT-
ER, SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND
THE SPEAKER OF THE ASSEMBLY A REPORT ON THE OPERATIONS AND ACCOMPLISH-
MENTS OF THE CENTERS OF WORKFORCE ACHIEVEMENT.
(B) THE ANNUAL REPORT SHALL PROVIDE, BUT NOT BE LIMITED TO, THE
FOLLOWING INFORMATION FOR EACH CALENDAR YEAR:
(I) THE PURPOSES FOR WHICH CENTER FACILITIES, EQUIPMENT, AND PERSONNEL
WERE UTILIZED;
(II) A DETAILED OPERATING BUDGET, INCLUDING THE AMOUNT OF STATE FUNDS
RECEIVED, AS WELL AS IDENTIFICATION OF EACH SOURCE OF FEDERAL, STATE,
LOCAL OR PRIVATE FUNDS, INCLUDING IN-KIND CONTRIBUTIONS;
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(III) AN ACCOUNTING OF CAPITAL EXPENDITURES, IDENTIFYING THE AMOUNT OF
STATE FUNDS UTILIZED, AS WELL AS EACH SOURCE OF FEDERAL, STATE, LOCAL,
OR PRIVATE FUNDS, INCLUDING IN-KIND CONTRIBUTIONS;
(IV) A DESCRIPTION OF THE GOVERNANCE STRUCTURE OF THE CENTER INCLUDING
THE RESPECTIVE ROLES OF COLLABORATING PARTNERS;
(V) THE ECONOMIC IMPACT OF THE ACTIVITIES UNDERTAKEN WITH STATE FUNDS,
INCLUDING SUCH FACTORS AS JOBS CREATED AND MAINTAINED; AND OTHER TANGI-
BLE EVIDENCE OF RECOGNITION; AND THE METHODOLOGY UTILIZED TO DETERMINE
SUCH IMPACT.
6. THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES SHALL, ON OR
BEFORE FEBRUARY FIRST, TWO THOUSAND SIXTEEN AND EVERY YEAR THEREAFTER,
SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY AN OVERALL STRATEGIC PLAN FOR THE CENTERS OF
ACHIEVEMENT PROGRAM.
(A) THE PLAN SHALL INCLUDE THE BROAD FOCUS AND MISSION OF THE CENTER
AND THE STRATEGIES USED TO DETERMINE THAT FOCUS INCLUDING BUT NOT LIMIT-
ED TO COLLABORATION WITH LOCAL AND REGIONAL ECONOMIC DEVELOPMENT ENTI-
TIES TO DETERMINE CURRENT WORKFORCE NEEDS.
(B) SUCH PLAN SHALL ALSO INCLUDE THE METRICS THAT WILL BE USED TO
DETERMINE WHETHER AND TO WHAT DEGREE EACH CENTER IS MAINTAINING ITS
FOCUS AND FULFILLING ITS MISSION.
(C) THE PLAN SHALL BE ASSESSED BY THE GOVERNING BOARD OF THE CENTER
AND REVISED ANNUALLY AS APPROPRIATE. ANY REVISIONS SHALL BE SUBMITTED TO
STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES FOR APPROVAL.
7. THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES SHALL REGULATE
THIS PROGRAM, AND DESIGNATION WILL BE SUBJECT TO LEGISLATIVE APPROVAL.
S 3. This act shall take effect immediately.