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

                                  3779

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 17, 2015
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

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
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.

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00941-01-5

S. 3779                             2

  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
SIXTEEN  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
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.