S T A T E   O F   N E W   Y O R K
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                                  8574

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            November 16, 2015
                               ___________

Introduced  by  M.  of  A.  SIMON,  GOTTFRIED,  SIMOTAS -- read once and
  referred to the Committee on Social Services

AN ACT to amend the social services law, in  relation  to  training  and
  education for sustainable wage jobs and traditional and nontraditional
  employment in public assistance employment programs

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

  Section 1. Subdivision 1 of section 330 of the social services law, as
amended by section 148 of part B of chapter 436 of  the  laws  of  1997,
paragraphs  a  and  b as amended by section 2 of part C of chapter 57 of
the laws of 2005, is amended to read as follows:
  1. Whenever used in this title:
  a. the term "commissioner" means the commissioner of the state  office
of temporary and disability assistance; [and]
  b. the term "department" means the state office of temporary and disa-
bility assistance;
  C.    THE TERM "NONTRADITIONAL EMPLOYMENT" MEANS OCCUPATIONS OR FIELDS
OF WORK, INCLUDING CAREERS IN THE SKILLED TRADES, OR  COMPUTER  SCIENCE,
TECHNOLOGY  AND OTHER EMERGING HIGH SKILL OCCUPATIONS, FOR WHICH ANY ONE
GENDER COMPRISES  LESS  THAN  TWENTY-FIVE  PERCENT  OF  THE  INDIVIDUALS
EMPLOYED  IN  EACH SUCH OCCUPATION OR FIELD OF WORK ACCORDING TO FEDERAL
DEPARTMENT OF LABOR STATISTICS; AND
  D. THE TERM "SUSTAINABLE WAGE" MEANS A  WAGE  THAT  IS  AT  LEAST  ONE
HUNDRED EIGHTY-FIVE PERCENT OF THE POVERTY LINE AND THAT IS ADJUSTED FOR
REGIONAL FACTORS.
  S  2.  The  second undesignated paragraph of section 333 of the social
services law, as amended by section 148 of part B of chapter 436 of  the
laws of 1997, is amended to read as follows:
  Such  plan  shall  be  developed  in cooperation and coordination with
public and private education institutions, child care  providers,  child
care  resource and referral agencies if available in the district, labor

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02221-01-5
              

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unions, libraries, public and private employers, employment and training
agencies and organizations, and private industry councils established in
service delivery areas defined  in  subdivision  five  of  section  nine
hundred  seventy-one  of  the  executive law.   SUCH PLAN SHALL STRONGLY
CONSIDER, FOR INDIVIDUALS WHO HAVE OBTAINED A HIGH SCHOOL DIPLOMA  OR  A
GENERAL  EQUIVALENCY  DIPLOMA  (GED), TRAINING FOR SUSTAINABLE WAGE JOBS
AND PROMOTE NONTRADITIONAL EMPLOYMENT  OPPORTUNITIES  FOR  SUCH  PARTIC-
IPANTS;  PROVIDED THAT ANY INDIVIDUAL'S PREPARATION FOR EMPLOYMENT SHALL
BE CONSISTENT WITH FEDERAL AND STATE WORK PARTICIPATION REQUIREMENTS.
  S 3. Paragraph (a) of subdivision 1  of  section  334  of  the  social
services  law, as amended by section 148 of part B of chapter 436 of the
laws of 1997, is amended to read as follows:
  (a) education, employment and training opportunities  available  under
the  local  plan,  including: (I) EDUCATION AND TRAINING FOR SUSTAINABLE
WAGE JOBS AND NONTRADITIONAL EMPLOYMENT OPPORTUNITIES; AND  (II)  educa-
tional  and  training  opportunities available at no cost to the partic-
ipant as well as the responsibilities associated with the  repayment  of
student financial aid;
  S    4.  Paragraph  (a)  of subdivision 2 of section 335 of the social
services law, as amended by section 148 of part B of chapter 436 of  the
laws of 1997, is amended to read as follows:
  (a)  Based  on  the  assessment  required  by  subdivision one of this
section, the social services official, in consultation with the  partic-
ipant,  shall  develop  an employability plan in writing which shall set
forth the services that will be provided by the  social  services  offi-
cial, including but not limited to child care and other services and the
activities in which the participant will take part, including child care
and  other  services  and  shall  set  forth  an employment goal for the
participant.   To the extent  possible,  the  employability  plan  shall
reflect  the preferences of the participant in a manner that is consist-
ent with the results of the participant's assessment and the need of the
social services district to meet federal and state work activity partic-
ipation requirements, and, if such preferences cannot  be  accommodated,
the  reasons shall be specified in the employability plan.  The employa-
bility plan shall also take into account  the  participant's  supportive
services  needs,  available program resources, local employment opportu-
nities, AND SHALL STRONGLY CONSIDER, FOR INDIVIDUALS WHO HAVE OBTAINED A
HIGH SCHOOL DIPLOMA OR A GENERAL EQUIVALENCY DIPLOMA (GED),  THE  POTEN-
TIAL  FOR  AVAILABLE  EMPLOYMENT  THAT PAYS A SUSTAINABLE WAGE; PROVIDED
THAT ANY INDIVIDUAL'S PREPARATION FOR  EMPLOYMENT  SHALL  BE  CONSISTENT
WITH  FEDERAL  AND  STATE WORK PARTICIPATION REQUIREMENTS; and where the
social services official is considering an educational activity  assign-
ment  for  such  participant,  the  participant's  liability for student
loans, grants and scholarship awards. The employability  plan  shall  be
explained  to the participant.  Any change to the participant's employa-
bility plan required by the social services official shall be  discussed
with the participant and shall be documented in writing.
  S  5.  Paragraph  (a)  of subdivision 2 of section 335-a of the social
services law, as amended by section 1 of part J of  chapter  58  of  the
laws of 2014, is amended to read as follows:
  (a)  Based  on  the  assessment  required  by  subdivision one of this
section, the social services official, in consultation with the  partic-
ipant,  shall  develop  an employability plan in writing which shall set
forth the services that will be provided by the social services official
and the activities in which the participant will  take  part,  including
supportive  services  and  shall  set  forth  an employment goal for the

A. 8574                             3

participant. To  the  extent  possible,  the  employability  plan  shall
reflect  the preferences of the participant in a manner that is consist-
ent with the results of the participant's assessment and the need of the
social services district to meet federal and state work activity partic-
ipation  requirements,  and, if such preferences cannot be accommodated,
the reasons shall be specified in the employability plan.  The  employa-
bility  plan  also  shall take into account the participant's supportive
services needs, available program resources, local  employment  opportu-
nities, AND SHALL STRONGLY CONSIDER, FOR INDIVIDUALS WHO HAVE OBTAINED A
HIGH  SCHOOL  DIPLOMA OR A GENERAL EQUIVALENCY DIPLOMA (GED), THE POTEN-
TIAL FOR AVAILABLE EMPLOYMENT THAT PAYS  A  SUSTAINABLE  WAGE;  PROVIDED
THAT  ANY  INDIVIDUAL'S  PREPARATION  FOR EMPLOYMENT SHALL BE CONSISTENT
WITH FEDERAL AND STATE WORK PARTICIPATION REQUIREMENTS;  and  where  the
social  services official is considering an educational activity assign-
ment for such  participant,  the  participant's  liability  for  student
loans,  grants  and  scholarship awards. The employability plan shall be
explained to the participant. Any change to the  participant's  employa-
bility  plan required by the social services official shall be discussed
with the participant and shall be documented in writing.
  S 6. This act shall take effect on the one hundred twentieth day after
it shall have become a law, and shall apply to employability plans  made
or updated on and after such effective date.