S T A T E   O F   N E W   Y O R K
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                                 5533--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  GIPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business -- recommitted to the Committee on Commerce,
  Economic Development and Small Business in accordance with Senate Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the economic development law, in relation to  establish-
  ing the economic development performance review act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The economic development law is amended  by  adding  a  new
article 15 to read as follows:
                               ARTICLE 15
               ECONOMIC DEVELOPMENT PERFORMANCE REVIEW ACT
SECTION 270. DEFINITION.
        271. PROGRAM IMPLEMENTATION.
        272. PERFORMANCE REVIEW.
  S 270. DEFINITION. FOR PURPOSES OF THIS ARTICLE, "ECONOMIC DEVELOPMENT
PROGRAM"  SHALL MEAN A PROGRAM THAT PROVIDES SERVICES FOR THE PURPOSE OF
EFFECTING THE ECONOMIC CONDITIONS OF THE  STATE,  PROVIDES  TRAINING  OR
EMPLOYMENT  SERVICES,  SUPPORTS  AN  ECONOMIC  DEVELOPMENT  ACTIVITY  BY
ENHANCING THE SKILLS OF THE STATE'S WORKFORCE, PREPARES INDIVIDUALS  FOR
EMPLOYMENT,  IMPROVES  OPPORTUNITIES FOR INDIVIDUALS TO BECOME EMPLOYED,
OR PROMOTES THE STATE ECONOMY.
  S 271. PROGRAM IMPLEMENTATION. 1. ON OR BEFORE SEPTEMBER FIRST, IN THE
YEAR AFTER THIS SECTION BECAME LAW, EACH STATE  AGENCY  ADMINISTRATIVELY
RESPONSIBLE FOR ECONOMIC DEVELOPMENT ACTIVITIES SHALL PREPARE A SEPARATE
PLAN  FOR  EACH  PROGRAM  THAT  SUCH AGENCY ADMINISTERS. EACH PLAN SHALL
INCLUDE A DESCRIPTION OF PROPOSED PROGRAM ACTIVITIES, A DESCRIPTION OF A
MECHANISM FOR FUNDING DISTRIBUTION, PROGRAM OBJECTIVES, POPULATION TO BE
SERVED, INSTITUTIONS ELIGIBLE TO RECEIVE FUNDS, AND A DESCRIPTION OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07853-03-4
              

S. 5533--A                          2

COORDINATION AND LINKAGES BETWEEN THIS PROGRAM AND OTHER PROGRAM  ACTIV-
ITIES  FUNDED  SEPARATELY.  SUCH  PLAN  SHALL ALSO INCLUDE A PERFORMANCE
REVIEW COMPONENT AS PART OF THE IMPLEMENTATION  OF  EACH  PROGRAM  WHICH
SHALL  DESCRIBE  HOW  THE  AGENCY  WILL MONITOR THE DELIVERY OF SERVICES
UNDER THE PROGRAM AND WHICH SHALL SET FORTH THE MEASURE OF EFFECTIVENESS
OF THE SERVICES BEING PROVIDED.
  2. PROGRAM PLANS SHALL BE SUBMITTED TO THE DEPARTMENT, THE SPEAKER  OF
THE  ASSEMBLY  AND THE TEMPORARY PRESIDENT OF THE SENATE, FOR REVIEW AND
COMMENT.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT  EXEMPT  ANY  AGENCY  FROM
REQUIREMENTS RELATING TO THE PREPARATION AND SUBMISSION OF PROGRAM PLANS
PURSUANT TO ANY OTHER PROVISION OF LAW.
  S  272.  PERFORMANCE  REVIEW. 1.   THE PERFORMANCE REVIEW COMPONENT OF
EACH PROGRAM PLAN SHALL, AT A MINIMUM, INCLUDE THE FOLLOWING:
  (A) A STATEMENT ON LEGISLATIVE HISTORY AND INTENT;
  (B) A  STATEMENT  OF  PROGRAM  OBJECTIVES  WHICH  IDENTIFIES  OUTCOMES
ATTRIBUTABLE TO THE PROGRAM, ANTICIPATED PERFORMANCE LEVELS, AND INDICA-
TORS OF THE EFFECTIVENESS OF THE PROGRAM;
  (C)  DEFINED  QUANTITATIVE  MEASURES WHICH WILL BE INCLUDED AS PART OF
THE  PERFORMANCE  REVIEW  REPORT  INCLUDING,  BUT  NOT  LIMITED  TO,   A
DESCRIPTION   OF  THE  TARGETED  POPULATION,  CRITERIA  FOR  PARTICIPANT
SELECTION, DEMOGRAPHICS ON PARTICIPANTS, MEASURES OF  PROGRAM  ACTIVITY,
INVENTORY  OF  SERVICES PROVIDED, AND BUDGET INFORMATION ON PROGRAMS AND
ADMINISTRATIVE EXPENDITURES INCLUDING, BUT NOT  LIMITED  TO,  COSTS  PER
PARTICIPANT.    FOR  THOSE PROGRAMS WHERE AN OBJECTIVE IS JOB PLACEMENT,
DATA SHALL INCLUDE INFORMATION ON  THE  OCCUPATIONS  WHICH  PARTICIPANTS
ENTER,  THE  RATE  OF  JOB  RETENTION,  PRE-PROGRAM  WAGE  EARNINGS  AND
POST-PROGRAM WAGE EARNINGS AS WELL AS OTHER APPROPRIATE  MEASURES  WHICH
INDICATE THE EXTENT TO WHICH PROGRAM ACTIVITIES MEET PROGRAM OBJECTIVES.
OTHER  PERFORMANCE  INDICATORS THAT APPROPRIATELY DESCRIBE THE EFFECT OF
THE PROGRAM AND DATA WHICH REFLECTS FOLLOW-UP  ACTIVITY  APPROPRIATE  TO
THE  SERVICES PROVIDED SHALL ALSO BE INCLUDED AS PART OF THE PERFORMANCE
REVIEW REPORT;
  (D) A STATEMENT OF METHODOLOGY WHICH WILL RESULT IN  A  COMPARISON  OF
PROGRAM OUTCOMES AGAINST PROGRAM OBJECTIVES; AND
  (E)  ANY  ADDITIONAL  PERFORMANCE  REVIEW  OR  INFORMATION  AS  MAY BE
REQUIRED BY LAW.
  2. (A) THE PERFORMANCE REVIEW REPORT FOR EACH PROGRAM SHALL BE SUBMIT-
TED TO THE COMMISSIONER FOR REVIEW AND RECOMMENDATION.
  (B) THE REPORT SHALL INCLUDE, AT A MINIMUM, ALL PROGRAM  DATA  AND  AN
ANALYSIS  WHICH COMPARES PERFORMANCE OUTCOMES AGAINST PROGRAM OBJECTIVES
AS SPECIFIED IN THE PERFORMANCE REVIEW COMPONENT  OF  THE  PROGRAM  PLAN
DEFINED  HEREIN  AND  SHALL INCLUDE A PERFORMANCE REVIEW OF ACTIVITY FOR
THE COMPLETED PROGRAM YEAR IMMEDIATELY PRECEDING  THE  ISSUANCE  OF  THE
REPORT  AND AN INTERIM PERFORMANCE REVIEW OF CURRENT PROGRAM YEAR ACTIV-
ITY IF APPLICABLE.
  3. BASED ON THE REVIEW CONDUCTED PURSUANT TO PARAGRAPH (A) OF SUBDIVI-
SION TWO OF THIS SECTION, THE DEPARTMENT SHALL PREPARE A UNIFIED SUMMARY
OF PERFORMANCE REVIEW REPORTS SUBMITTED BY EACH AGENCY PURSUANT TO  THIS
ARTICLE  FOR SUBMISSION TO THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE NO LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND
FIFTEEN AND EACH YEAR THEREAFTER PROVIDED, HOWEVER, THAT THE  DEPARTMENT
SHALL  MAKE  AVAILABLE EACH INDIVIDUAL PROGRAM PERFORMANCE REVIEW REPORT
SUBMITTED PURSUANT TO THIS ARTICLE UPON REQUEST OF THE LEGISLATURE.  THE
DEPARTMENT SHALL INCLUDE IN SUCH SUMMARY RECOMMENDATIONS TO THE GOVERNOR
AND  THE  LEGISLATURE  RELATING  TO  IMPROVED  PROGRAM  COORDINATION AND

S. 5533--A                          3

SERVICE DELIVERY, PROGRAM IMPROVEMENTS  OR  ENHANCEMENTS  AND  NECESSARY
STATUTORY CHANGES.
  4.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT EXEMPT ANY AGENCY FROM
REQUIREMENTS PURSUANT TO ANY OTHER PROVISION OF LAW.
  S 2. This act shall take effect immediately.