S T A T E O F N E W Y O R K
________________________________________________________________________
8572
2015-2016 Regular Sessions
I N A S S E M B L Y
November 16, 2015
___________
Introduced by M. of A. SIMON, GOTTFRIED, MOSLEY -- 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:
Section 1. Subdivision (j) of section 184 of the economic development
law, as added by chapter 32 of the laws of 1987, is amended to read as
follows:
(j) the extent of the applicant's willingness to make jobs available
to [persons defined as eligible for services under the federal job
training partnership act of nineteen hundred eighty-two] UNEMPLOYED
INDIVIDUALS, LOW-INCOME INDIVIDUALS, DISLOCATED WORKERS, INDIVIDUALS
TRAINING FOR NON-TRADITIONAL EMPLOYMENT, AS DEFINED IN THE FEDERAL WORK-
FORCE INVESTMENT ACT OF NINETEEN HUNDRED NINETY-EIGHT (P.L. 105-220),
VETERANS, AND INDIVIDUALS WITH DISABILITIES and the extent of the appli-
cant's willingness to satisfy affirmative action goals;
S 2. Subdivisions 1 and 5 of section 202 of the economic development
law, as added by chapter 839 of the laws of 1987, are amended to read as
follows:
1. The department shall provide assistance to approved applicants for
the purpose of offering skills training services that will foster
economic development by creating or preserving jobs. For the purposes of
this section, "applicant" shall mean an educational agency, business, or
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.
LBD02225-01-5
A. 8572 2
community based organization, grant recipient or administrative entity
of the [service delivery area] LOCAL WORKFORCE INVESTMENT AREA and
[private industry council] LOCAL WORKFORCE INVESTMENT BOARD as defined
by the federal [job training partnership act (P.L. 97-300)] WORKFORCE
INVESTMENT ACT OF NINETEEN HUNDRED NINETY-EIGHT (P.L. 105-220), provided
that such groups have demonstrated effectiveness in the delivery of
training services. Any assistance provided shall be matched at least
equally by financing or contribution from other sources. Such skills
training services shall include:
(a) training for entry-level employment and worker skills upgrading;
or
(b) payment of on-the-job training costs for a period not to exceed
twelve weeks or classroom instruction, or a combination thereof.
5. For any positions opened as a result of assistance provided under
this section businesses so assisted shall PROVIDE NOTICE OF POSITION
OPENINGS TO THE LOCAL WORKFORCE INVESTMENT BOARD AND SHALL first consid-
er [persons eligible to participate in federal job training partnership
act (P.L. 97-300) programs] UNEMPLOYED INDIVIDUALS, LOW-INCOME INDIVID-
UALS, DISLOCATED WORKERS, INDIVIDUALS TRAINING FOR NON-TRADITIONAL
EMPLOYMENT, AS DEFINED IN THE FEDERAL WORKFORCE INVESTMENT ACT OF NINE-
TEEN HUNDRED NINETY-EIGHT (P.L. 105-220), VETERANS, AND INDIVIDUALS WITH
DISABILITIES who shall be referred to the business by administrative
entities of [service delivery areas] LOCAL WORKFORCE INVESTMENT AREAS
created pursuant to such act or by the [job service division] DIVISION
OF EMPLOYMENT SERVICES of the department of labor.
S 3. Subdivision 8 of section 224 of the economic development law, as
added by chapter 291 of the laws of 1990, is amended to read as follows:
8. Job listings. For any positions opened as a result of assistance
provided under this section businesses so assisted shall PROVIDE NOTICE
OF POSITION OPENINGS TO THE LOCAL WORKFORCE INVESTMENT BOARD AND SHALL
first consider [persons eligible to participate in federal job training
partnership act (P.L. 97-300) programs] UNEMPLOYED INDIVIDUALS, LOW-IN-
COME INDIVIDUALS, DISLOCATED WORKERS, INDIVIDUALS TRAINING FOR NON-TRAD-
ITIONAL EMPLOYMENT, AS DEFINED IN THE FEDERAL WORKFORCE INVESTMENT ACT
OF NINETEEN HUNDRED NINETY-EIGHT (P.L. 105-220), VETERANS, AND INDIVID-
UALS WITH DISABILITIES who shall be referred to the business by adminis-
trative entities of [service delivery areas] LOCAL WORKFORCE INVESTMENT
AREAS created pursuant to such act or by the [job service division]
DIVISION OF EMPLOYMENT SERVICES of the department of labor.
S 4. Subparagraph 9 of paragraph (a) of subdivision 13 of section 1005
of the public authorities law, as amended by chapter 645 of the laws of
2006, is amended to read as follows:
(9) the extent of the business' willingness to make jobs available to
[persons defined as eligible for services under the federal job training
partnership act of nineteen hundred eighty-two] UNEMPLOYED INDIVIDUALS,
LOW-INCOME INDIVIDUALS, DISLOCATED WORKERS, INDIVIDUALS TRAINING FOR
NON-TRADITIONAL EMPLOYMENT, AS DEFINED IN THE FEDERAL WORKFORCE INVEST-
MENT ACT OF NINETEEN HUNDRED NINETY-EIGHT (P.L. 105-220), VETERANS, AND
INDIVIDUALS WITH DISABILITIES and the extent of the business' willing-
ness to satisfy affirmative action goals;
S 5. Subdivision 13-d of section 1804 of the public authorities law,
as amended by chapter 839 of the laws of 1992, is amended to read as
follows:
13-d. To require that any new employment opportunities created in
connection with industrial or commercial projects financed through loans
or loan guarantees from the authority shall be listed with the New York
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state department of labor [job service division] DIVISION OF EMPLOYMENT
SERVICES and with the administrative entity of the [service delivery
area] LOCAL WORKFORCE INVESTMENT AREA created pursuant to the federal
[job training partnership act (P.L. 97-300)] WORKFORCE INVESTMENT ACT OF
NINETEEN HUNDRED NINETY-EIGHT (P.L. 105-220) in which the project is
located and shall first consider for such employment opportunities
[persons eligible to participate in federal job training partnership act
programs] UNEMPLOYED INDIVIDUALS, LOW-INCOME INDIVIDUALS, DISLOCATED
WORKERS, INDIVIDUALS TRAINING FOR NON-TRADITIONAL EMPLOYMENT, AS DEFINED
IN THE FEDERAL WORKFORCE INVESTMENT ACT OF NINETEEN HUNDRED NINETY-EIGHT
(P.L. 105-220), VETERANS, AND INDIVIDUALS WITH DISABILITIES who shall be
referred to such firms by such administrative entities or by the [job
service division] DIVISION OF EMPLOYMENT SERVICES of the department of
labor; provided, however, that nothing contained [herein] IN THIS
SECTION shall be construed to require project occupants or business
entities as defined in section eighteen hundred twenty-seven of this
title, to violate any existing collective bargaining agreement with
respect to the hiring of new employees. Such listing shall be in a
manner and form prescribed by the authority in consultation with the
commissioner of labor and the commissioner of economic development.
S 6. Subdivision 2 of section 1967-a of the public authorities law, as
added by chapter 356 of the laws of 1993, is amended to read as follows:
2. Except as is otherwise provided by collective bargaining contracts
or agreements, new employment opportunities created as a result of
projects of the agency shall be listed with the New York State Depart-
ment of Labor [Community Services Division] DIVISION OF EMPLOYMENT
SERVICES, and with the administrative entity of the [service delivery
area] LOCAL WORKFORCE INVESTMENT AREA created by the federal [job train-
ing partnership act (P.L. No. 97-300)] WORKFORCE INVESTMENT ACT (P.L.
105-220) in which the project is located. Except as is otherwise
provided by collective bargaining contracts or agreements, sponsors of
projects shall agree, where practicable, to first consider [persons
eligible to participate in federal job training partnership (P.L. No.
97-300) programs] UNEMPLOYED INDIVIDUALS, LOW-INCOME INDIVIDUALS, DISLO-
CATED WORKERS, INDIVIDUALS TRAINING FOR NON-TRADITIONAL EMPLOYMENT, AS
DEFINED IN THE FEDERAL WORKFORCE INVESTMENT ACT OF NINETEEN HUNDRED
NINETY-EIGHT (P.L. 105-220), VETERANS, AND INDIVIDUALS WITH DISABILITIES
who shall be referred by administrative entities of [service delivery
areas] LOCAL WORKFORCE INVESTMENT AREAS created pursuant to such act or
by [community services division] THE DIVISION OF EMPLOYMENT SERVICES of
the department of labor for such new employment opportunities.
S 7. Subdivision 2 of section 2329 of the public authorities law, as
added by chapter 356 of the laws of 1993, is amended to read as follows:
2. Except as is otherwise provided by collective bargaining contracts
or agreements, new employment opportunities created as a result of
projects of the agency shall be listed with the New York state depart-
ment of labor [community services division] DIVISION OF EMPLOYMENT
SERVICES, and with the administrative entity of the [service delivery
area] LOCAL WORKFORCE INVESTMENT AREA created by the federal [job train-
ing partnership act (P.L. No. 97-300)] WORKFORCE INVESTMENT ACT (P.L.
105-220) in which the project is located. Except as is otherwise
provided by collective bargaining contracts or agreements, sponsors of
projects shall agree, where practicable, to first consider [persons
eligible to participate in federal job training partnership (P.L. No.
97-300) programs] UNEMPLOYED INDIVIDUALS, LOW-INCOME INDIVIDUALS, DISLO-
CATED WORKERS, INDIVIDUALS TRAINING FOR NON-TRADITIONAL EMPLOYMENT, AS
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DEFINED IN THE FEDERAL WORKFORCE INVESTMENT ACT OF NINETEEN HUNDRED
NINETY-EIGHT (P.L. 105-220), VETERANS, AND INDIVIDUALS WITH DISABILITIES
who shall be referred by administrative entities of [service delivery
areas] LOCAL WORKFORCE INVESTMENT AREAS created pursuant to such act or
by the [community services division] DIVISION OF EMPLOYMENT SERVICES of
the department of labor for such new employment opportunities.
S 8. Subdivision 10 of section 3102-a of the public authorities law,
as added by chapter 291 of the laws of 1990, is amended to read as
follows:
10. For any positions opened as a result of a project conducted pursu-
ant to this section businesses so assisted shall PROVIDE NOTICE OF POSI-
TION OPENINGS TO THE LOCAL WORKFORCE INVESTMENT BOARD AND SHALL first
consider [persons eligible to participate in federal job training part-
nership act (P.L. 97-300) programs] UNEMPLOYED INDIVIDUALS, LOW-INCOME
INDIVIDUALS, DISLOCATED WORKERS, INDIVIDUALS TRAINING FOR NON-TRADITION-
AL EMPLOYMENT, AS DEFINED IN THE FEDERAL WORKFORCE INVESTMENT ACT OF
NINETEEN HUNDRED NINETY-EIGHT (P.L. 105-220), VETERANS, AND INDIVIDUALS
WITH DISABILITIES who shall be referred to the business by administra-
tive entities of [service delivery areas] LOCAL WORKFORCE INVESTMENT
AREAS created pursuant to such act or by the [job service division]
DIVISION OF EMPLOYMENT SERVICES of the department of labor.
S 9. Subdivision 2 of section 858-b of the general municipal law, as
added by chapter 356 of the laws of 1993, is amended to read as follows:
2. Except as is otherwise provided by collective bargaining contracts
or agreements, new employment opportunities created as a result of
projects of the agency shall be listed with the New York state depart-
ment of labor [community services division] DIVISION OF EMPLOYMENT
SERVICES, and with the administrative entity of the [service delivery
area] LOCAL WORKFORCE INVESTMENT AREA created by the federal [job train-
ing partnership act (P.L. No. 97-300)] WORKFORCE INVESTMENT ACT (P.L.
105-220) in which the project is located. Except as is otherwise
provided by collective bargaining contracts or agreements, sponsors of
projects shall agree, where practicable, to first consider [persons
eligible to participate in the federal job training partnership (P.L.
No. 97-300) programs] UNEMPLOYED INDIVIDUALS, LOW-INCOME INDIVIDUALS,
DISLOCATED WORKERS, INDIVIDUALS TRAINING FOR NON-TRADITIONAL EMPLOYMENT,
AS DEFINED IN THE FEDERAL WORKFORCE INVESTMENT ACT OF NINETEEN HUNDRED
NINETY-EIGHT (P.L. 105-220), VETERANS, AND INDIVIDUALS WITH DISABILITIES
who shall be referred by administrative entities of [service delivery
areas] LOCAL WORKFORCE INVESTMENT AREAS created pursuant to such act or
by the [community services division] DIVISION OF EMPLOYMENT SERVICES of
the department of labor for such [such] new employment opportunities.
S 10. Section 9-b of section 1 of chapter 174 of the laws of 1968
constituting the New York state urban development corporation act, as
added by chapter 839 of the laws of 1987, is amended to read as follows:
S 9-b. POSITIONS OPENED AS A RESULT OF ASSISTANCE PROVIDED PURSUANT TO
SECTION NINE-A OF THIS ACT. For any positions opened as a result of
assistance provided pursuant to section nine-a of this act, industrial
firms so assisted shall PROVIDE NOTICE OF POSITION OPENINGS TO THE LOCAL
WORKFORCE INVESTMENT BOARD AND SHALL first consider [persons eligible to
participate in federal job training partnership act (P.L. 97-300)
programs] UNEMPLOYED INDIVIDUALS, LOW-INCOME INDIVIDUALS, DISLOCATED
WORKERS, INDIVIDUALS TRAINING FOR NON-TRADITIONAL EMPLOYMENT, AS DEFINED
IN THE FEDERAL WORKFORCE INVESTMENT ACT OF NINETEEN HUNDRED NINETY-EIGHT
(P.L. 105-220), VETERANS, AND INDIVIDUALS WITH DISABILITIES who shall be
referred to the industrial firm by administrative entities of [service
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delivery areas] LOCAL WORKFORCE INVESTMENT AREAS created pursuant to
such act or by the [job service division] DIVISION OF EMPLOYMENT
SERVICES of the department of labor.
S 11. Paragraph (g) of subdivision 2 of section 16-b of section 1 of
chapter 174 of the laws of 1968 constituting the New York state urban
development corporation act, as added by chapter 169 of the laws of
1994, is amended to read as follows:
(g) require companies receiving assistance pursuant to this section
[to first consider], for any new position opened as a result of assist-
ance, [persons eligible to participate in federal job training partner-
ship act programs (P.L. 97-3400) (29 U.S.C.A. SS 801 seq.)] TO PROVIDE
NOTICE OF THE POSITION OPENING TO THE LOCAL WORKFORCE INVESTMENT BOARD
AND TO FIRST CONSIDER UNEMPLOYED INDIVIDUALS, LOW-INCOME INDIVIDUALS,
DISLOCATED WORKERS, INDIVIDUALS TRAINING FOR NON-TRADITIONAL EMPLOYMENT,
AS DEFINED IN THE FEDERAL WORKFORCE INVESTMENT ACT OF NINETEEN HUNDRED
NINETY-EIGHT (P.L. 105-220), VETERANS, AND INDIVIDUALS WITH DISABILITIES
who shall be referred to the company by administrative entities of
[service delivery areas] LOCAL WORKFORCE INVESTMENT AREAS created pursu-
ant to such act by the [job service division] DIVISION OF EMPLOYMENT
SERVICES of the department of labor.
S 12. Subdivision 9 of section 16-c of section 1 of chapter 174 of the
laws of 1968 constituting the New York state urban development corpo-
ration act, as added by chapter 169 of the laws of 1994, is amended to
read as follows:
(9) Priorities. The corporation shall give priority to applications
for assistance pursuant to this section in which the business seeking
such assistance indicates a commitment to PROVIDE NOTICE OF POSITION
OPENINGS TO THE LOCAL WORKFORCE INVESTMENT BOARD AND TO first consider
[persons eligible to participate in federal job training partnership act
(P.L. 97-300) programs] UNEMPLOYED INDIVIDUALS, LOW-INCOME INDIVIDUALS,
DISLOCATED WORKERS, INDIVIDUALS TRAINING FOR NON-TRADITIONAL EMPLOYMENT,
AS DEFINED IN THE FEDERAL WORKFORCE INVESTMENT ACT OF NINETEEN HUNDRED
NINETY-EIGHT (P.L. 105-220), VETERANS, AND INDIVIDUALS WITH DISABILITIES
WHO SHALL BE REFERRED TO THE BUSINESS BY ADMINISTRATIVE ENTITIES OF THE
LOCAL WORKFORCE INVESTMENT AREAS CREATED PURSUANT TO SUCH ACT OR BY THE
DIVISION OF EMPLOYMENT SERVICES OF THE DEPARTMENT OF LABOR.
S 13. Subdivisions 18 and 19 of section 16-e of section 1 of chapter
174 of the laws of 1968 constituting the New York state urban develop-
ment corporation act, as added by chapter 169 of the laws of 1994, are
amended to read as follows:
(18) Priority. In approving loans or grants authorized pursuant to the
provisions of this section, the corporation shall give priority consid-
eration to whether a project is located in an area of economic distress.
Other factors to be considered by the corporation shall include:
(a) The number of jobs created or retained;
(b) The number of jobs created for [persons eligible for benefits
under the provisions of the job training partnership act (P.L.
97-3400)(29 U.S.C.A. S 801 et seq.)] UNEMPLOYED INDIVIDUALS, LOW-INCOME
INDIVIDUALS, DISLOCATED WORKERS, INDIVIDUALS TRAINING FOR NON-TRADITION-
AL EMPLOYMENT, AS DEFINED IN THE FEDERAL WORKFORCE INVESTMENT ACT OF
NINETEEN HUNDRED NINETY-EIGHT (P.L. 105-220), VETERANS, AND INDIVIDUALS
WITH DISABILITIES;
(c) The priority accorded the proposed project by the regional econom-
ic development council;
(d) The participation of minority- and women-owned businesses;
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(e) The impact of the project on the employment and economic condition
of the community;
(f) The cost per job created or retained based on total project cost;
(g) The amount of private investment leveraged;
(h) The level of local public support; and
(i) The likelihood of accomplishing the project in a timely fashion.
In the event that the corporation does not follow the priorities of a
regional economic development council, it shall make a finding, in writ-
ing, as to why the council priority was not followed.
(19) Preference. For any positions opened as a result of business
development project loans, entities assisted shall PROVIDE NOTICE OF
POSITION OPENINGS TO THE LOCAL WORKFORCE INVESTMENT BOARD AND SHALL
first consider [persons eligible to participate in federal job training
partnership act programs (P.L. 97-3400) (29 U.S.C.A. S801 et. seq.)]
UNEMPLOYED INDIVIDUALS, LOW-INCOME INDIVIDUALS, DISLOCATED WORKERS,
INDIVIDUALS TRAINING FOR NON-TRADITIONAL EMPLOYMENT, AS DEFINED IN THE
FEDERAL WORKFORCE INVESTMENT ACT OF NINETEEN HUNDRED NINETY-EIGHT (P.L.
105-220), VETERANS, AND INDIVIDUALS WITH DISABILITIES, who shall be
referred to the business by administrative entities of [service delivery
areas] LOCAL WORKFORCE INVESTMENT AREAS created pursuant to such act by
the [job service division] DIVISION OF EMPLOYMENT SERVICES of the
department of labor.
S 14. Subdivision 3 of section 16-h of section 1 of chapter 174 of the
laws of 1968 constituting the New York state urban development corpo-
ration act, as amended by section 3-c of part A of chapter 58 of the
laws of 1998, is amended to read as follows:
3. Applications for assistance pursuant to this section shall be
reviewed and evaluated in consultation with local government officials
and regional economic development offices pursuant to eligibility
requirements and criteria set forth in rules and regulations promulgated
by the corporation. The corporation shall develop and use a standard
application project form. IN ADDITION TO SUCH OTHER CRITERIA AS THE
CORPORATION MAY ADOPT, THE CORPORATION SHALL GIVE PRIORITY TO APPLICA-
TIONS FOR ASSISTANCE IN WHICH THE BUSINESS INDICATES A COMMITMENT, FOR
NEW POSITIONS OPENED AS A RESULT OF ASSISTANCE PROVIDED UNDER THIS
SECTION, TO PROVIDE NOTICE OF SUCH POSITION OPENINGS TO THE LOCAL WORK-
FORCE INVESTMENT BOARD AND TO FIRST CONSIDER UNEMPLOYED INDIVIDUALS,
LOW-INCOME INDIVIDUALS, DISLOCATED WORKERS, INDIVIDUALS TRAINING FOR
NON-TRADITIONAL EMPLOYMENT, AS DEFINED IN THE FEDERAL WORKFORCE INVEST-
MENT ACT OF NINETEEN HUNDRED NINETY-EIGHT (P.L. 105-220), VETERANS, AND
INDIVIDUALS WITH DISABILITIES WHO SHALL BE REFERRED TO THE BUSINESS BY
ADMINISTRATIVE ENTITIES OF LOCAL WORKFORCE INVESTMENT AREAS CREATED
PURSUANT TO SUCH ACT OR BY THE DIVISION OF EMPLOYMENT SERVICES OF THE
DEPARTMENT OF LABOR.
S 15. Section 16-m of section 1 of chapter 174 of the laws of 1968
constituting the New York state urban development corporation act is
amended by adding a new subdivision 2-a to read as follows:
2-A. FOR ANY POSITIONS OPENED AS A RESULT OF A PROJECT CONDUCTED
PURSUANT TO THIS SECTION BUSINESSES SO ASSISTED SHALL PROVIDE NOTICE OF
POSITION OPENINGS TO THE LOCAL WORKFORCE INVESTMENT BOARD AND SHALL
FIRST CONSIDER UNEMPLOYED INDIVIDUALS, LOW-INCOME INDIVIDUALS, DISLO-
CATED WORKERS, INDIVIDUALS TRAINING FOR NON-TRADITIONAL EMPLOYMENT, AS
DEFINED IN THE FEDERAL WORKFORCE INVESTMENT ACT OF NINETEEN HUNDRED
NINETY-EIGHT (P.L. 105-220), VETERANS, AND INDIVIDUALS WITH DISABILITIES
WHO SHALL BE REFERRED TO THE INDUSTRIAL FIRM BY ADMINISTRATIVE ENTITIES
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OF LOCAL WORKFORCE INVESTMENT AREAS CREATED PURSUANT TO SUCH ACT OR BY
THE DIVISION OF EMPLOYMENT SERVICES OF THE DEPARTMENT OF LABOR.
S 16. This act shall take effect immediately; provided, however, that
the amendments to subdivision 8 of section 224 of the economic develop-
ment law made by section three of this act shall take effect on the same
date and in the same manner as section 3 of chapter 291 of the laws of
1990 takes effect; and provided, further, that the amendments to section
16-m of the New York state urban development corporation act made by
section fifteen of this act shall not affect the expiration of such
section and shall be deemed to expire therewith.