S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    165
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M. of A. CAHILL -- Multi-Sponsored by -- M. of A. AUBRY,
   COOK, CYMBROWITZ,  ENGLEBRIGHT,  GANTT,  GOTTFRIED,  JAFFEE,  LUPARDO,
   MAGNARELLI,  ORTIZ,  PEOPLES-STOKES,  RIVERA, RODRIGUEZ, TITUS -- read
   once and referred to the Committee on Education

 AN ACT to amend the labor law, in relation to  enacting  the  "New  York
   state  YouthBuild  act"; setting program requirements; authorizing the
   commissioner of labor to make grants to eligible  YouthBuild  programs
   and to establish application requirements; and expanding the number of
   YouthBuild programs in New York state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York state YouthBuild act".
   § 2. Legislative intent. The legislature seeks to support economically
 disadvantaged youth, especially youth who have not finished high school,
 to obtain the education, work experience skills training, personal coun-
 seling,  leadership  development  skills training, job placement assist-
 ance, and long-term follow-up services necessary  for  them  to  achieve
 permanent  economic  self-sufficiency,  while at the same time providing
 valuable community service that addresses urgent community needs includ-
 ing the demand for affordable housing and the need for young role models
 and mentors for younger teenagers and children.
   The legislature further intends to foster the development  of  leader-
 ship skills and a commitment to community development among youth and to
 ensure  maximum  educational achievement of program participants through
 high school diploma or  the  equivalent  attainment  and  transition  to
 institutions of higher education, where appropriate.
   The legislature further intends to provide communities the opportunity
 to establish or rebuild neighborhood stability in economically depressed
 and low-income areas, as well as historic areas requiring restoration or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00026-01-9

 A. 165                              2
 
 preservation, while providing economically disadvantaged youth and youth
 who  have  not  finished  high  school  an  opportunity for a meaningful
 participation in society.
   The  legislature  further  intends  to allow communities to expand the
 supply of affordable housing for homeless and other low-income  individ-
 uals by utilizing the energies and talents of economically disadvantaged
 youth and young people who have not graduated from high school.
   The  legislature  also intends to foster the development of leadership
 skills and a commitment to community development among youth.
   § 3. The labor law is amended by adding a new section 42-a to read  as
 follows:
   § 42-A. YOUTHBUILD; PROGRAM REQUIREMENTS SERVICES.  1. THE COMMISSION-
 ER IS AUTHORIZED, SUBJECT TO AMOUNTS MADE AVAILABLE BY APPROPRIATION, TO
 MAKE  GRANTS  TO  ELIGIBLE  APPLICANTS  FOR  THE PURPOSE OF CARRYING OUT
 YOUTHBUILD PROGRAMS AS APPROVED UNDER THIS SECTION. ALL PROGRAMS  FUNDED
 PURSUANT  TO  THE  PROVISIONS  OF THIS SECTION SHALL USE FUNDS AVAILABLE
 PURSUANT TO THIS SECTION TO PROVIDE THE FOLLOWING SERVICES:
   A. THE TRAINING COSTS FOR THE REHABILITATION OR CONSTRUCTION OF  HOUS-
 ING  AND  RELATED  FACILITIES  TO  BE  USED FOR THE PURPOSE OF PROVIDING
 HOMEOWNERSHIP FOR DISADVANTAGED PERSONS, RESIDENTIAL HOUSING  FOR  HOME-
 LESS  INDIVIDUALS, AND LOW-INCOME AND VERY LOW-INCOME FAMILIES, OR TRAN-
 SITIONAL HOUSING FOR PERSONS WHO ARE HOMELESS,  HAVE  DISABILITIES,  ARE
 ILL,  ARE  DEINSTITUTIONALIZED,  OR HAVE SPECIAL NEEDS, OR THE REHABILI-
 TATION OR CONSTRUCTION OF COMMUNITY FACILITIES OWNED  BY  NOT-FOR-PROFIT
 PUBLIC AGENCIES.
   B. THE COST OF PROVIDING TRAINING AND PLACEMENT IN THE GROWING EMPLOY-
 MENT SECTORS OF HEALTHCARE AND TECHNOLOGY.
   C.  THE COST OF INTEGRATED EDUCATION AND WORK EXPERIENCE SKILLS TRAIN-
 ING SERVICES AND ACTIVITIES WHICH ARE EVENLY DIVIDED WITHIN THE  PROGRAM
 SHALL INCLUDE THE FOLLOWING ELEMENTS:
   (1)  AN  EDUCATION COMPONENT WHICH INCLUDES: BASIC SKILLS INSTRUCTION,
 SECONDARY EDUCATION SERVICES, AND OTHER ACTIVITIES DESIGNED TO  LEAD  TO
 THE  ATTAINMENT  OF A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT. THE CURRIC-
 ULUM FOR THIS COMPONENT SHALL INCLUDE MATH,  LANGUAGE  ARTS,  VOCATIONAL
 EDUCATION,  LIFE SKILLS TRAINING, SOCIAL STUDIES RELATED TO THE CULTURAL
 AND COMMUNITY HISTORY OF THE  STUDENTS,  LEADERSHIP  SKILLS,  AND  OTHER
 TOPICS AT THE DISCRETION OF THE PROGRAMS; AND
   (2) A WORK EXPERIENCE AND SKILLS TRAINING COMPONENT PRE-APPRENTICESHIP
 PROGRAM   THAT   INCLUDES  CONSTRUCTION  AND  REHABILITATION  ACTIVITIES
 DESCRIBED  IN  PARAGRAPH  A  OF  THIS  SUBDIVISION.   THE   PROCESS   OF
 CONSTRUCTION  MUST  BE  COUPLED WITH WORK EXPERIENCE SKILLS TRAINING AND
 WITH CLOSE ON-SITE SUPERVISION BY EXPERIENCED TRAINERS.  THE  CURRICULUM
 FOR THIS COMPONENT SHALL CONTAIN A SET OF LOCALLY AGREED UPON SKILLS AND
 COMPETENCIES  THAT  ARE  SYSTEMATICALLY  TAUGHT,  WITH STUDENTS' MASTERY
 ASSESSED INDIVIDUALLY ON A REGULAR, ONGOING BASIS.  THE WORK  EXPERIENCE
 AND SKILLS TRAINING COMPONENT SHALL BE COORDINATED TO THE MAXIMUM EXTENT
 FEASIBLE  WITH  PREAPPRENTICESHIP  PROGRAMS, AND APPRENTICESHIP PROGRAMS
 AUTHORIZED UNDER ARTICLE TWENTY-THREE OF THIS CHAPTER.
   D. THE COST OF COUNSELING SERVICES DESIGNED TO ASSIST PARTICIPANTS  TO
 POSITIVELY  PARTICIPATE  IN  SOCIETY,  WHICH  SHOULD  INCLUDE ALL OF THE
 FOLLOWING IF NECESSARY: OUTREACH, ASSESSMENT, AND ORIENTATION;  INDIVID-
 UAL  AND  PEER  COUNSELING; LIFE SKILLS TRAINING; DRUG AND ALCOHOL ABUSE
 EDUCATION AND PREVENTION; AND REFERRAL  TO  APPROPRIATE  DRUG  REHABILI-
 TATION,  MEDICAL,  MENTAL HEALTH, LEGAL, HOUSING, AND OTHER SERVICES AND
 RESOURCES IN THE COMMUNITY.

 A. 165                              3
 
   2. A TRAINING SUBSIDY, LIVING ALLOWANCE, OR STIPEND THAT SHALL  BE  NO
 LESS  THAN MINIMUM WAGE MUST BE PROVIDED TO PROGRAM PARTICIPANTS FOR THE
 TIME SPENT AT THE WORKSITE IN  CONSTRUCTION  TRAINING,  HEALTH  CARE  OR
 INFORMATION  TECHNOLOGY  SERVICES. STIPENDS AND WAGES MAY BE DISTRIBUTED
 IN A MANNER THAT OFFERS INCENTIVES FOR GOOD PERFORMANCE.
   A.  FULL  TIME  PARTICIPATION IN A YOUTHBUILD PROGRAM SHALL BE OFFERED
 FOR A PERIOD OF NOT LESS THAN SIX MONTHS AND NOT MORE  THAN  TWENTY-FOUR
 MONTHS.
   B.  A  CONCENTRATED  EFFORT,  FOR THOSE PARTICIPANTS WHO CHOOSE NOT TO
 IMMEDIATELY ENROLL IN AN INSTITUTION OF HIGHER EDUCATION, SHALL BE  MADE
 TO  FIND CONSTRUCTION, CONSTRUCTION-RELATED, AND NONCONSTRUCTION JOBS AS
 WELL AS JOBS IN THE FIELDS OF HEALTHCARE AND TECHNOLOGY FOR  ALL  GRADU-
 ATES  OF THE PROGRAM WHO HAVE PERFORMED WELL. THE WORK EXPERIENCE SKILLS
 TRAINING CURRICULUM SHALL PROVIDE PARTICIPANTS  WITH  BASIC  PREPARATION
 FOR  SEEKING  AND MAINTAINING A JOB. FOLLOW-UP COUNSELING AND ASSISTANCE
 IN JOB-SEEKING SHALL ALSO BE PROVIDED TO  PARTICIPANTS  FOR  THE  TWELVE
 MONTHS FOLLOWING GRADUATION FROM THE PROGRAM.
   C.  ALL PROGRAMS SERVING TWENTY-EIGHT TRAINEES OR MORE ARE REQUIRED TO
 HAVE A FULL-TIME  DIRECTOR  RESPONSIBLE  FOR  THE  COORDINATION  OF  ALL
 ASPECTS OF THE YOUTHBUILD PROGRAM.
   3.  A. ELIGIBLE PARTICIPANTS ARE YOUTH BETWEEN THE AGES OF SIXTEEN AND
 TWENTY-FOUR WHO ARE ECONOMICALLY DISADVANTAGED AS DEFINED IN  29  UNITED
 STATES CODE 1503, AND WHO ARE PART OF ONE OF THE FOLLOWING GROUPS:
   (1)  PERSONS  WHO ARE NOT ATTENDING ANY SCHOOL AND HAVE NOT RECEIVED A
 SECONDARY SCHOOL DIPLOMA OR ITS EQUIVALENT; OR
   (2) PERSONS CURRENTLY ENROLLED IN A TRADITIONAL OR ALTERNATIVE  SCHOOL
 SETTING  OR A HSE/TASC (HIGH SCHOOL EQUIVALENCY/TEST ASSESSING SECONDARY
 COMPLETION) PROGRAM AND WHO ARE IN DANGER OF DROPPING OUT OF SCHOOL; OR
   (3) VERY LOW-INCOME PERSONS WHOSE INCOMES ARE AT OR  LESS  THAN  FIFTY
 PERCENT  OF  THE  AREA  MEDIAN INCOME AREA, ADJUSTED FOR FAMILY SIZE, AS
 ESTIMATED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
   B. AN EXCEPTION MAY BE MADE FOR  INDIVIDUALS  NOT  MEETING  INCOME  OR
 EDUCATIONAL  NEED REQUIREMENTS. NOT MORE THAN TWENTY-FIVE PERCENT OF THE
 PARTICIPANTS IN SUCH PROGRAM MAY BE INDIVIDUALS  WHO  DO  NOT  MEET  THE
 REQUIREMENTS OF THIS SUBDIVISION, BUT WHO HAVE EDUCATIONAL NEEDS DESPITE
 THE ATTAINMENT OF A HIGH SCHOOL DIPLOMA.
   4. PRIORITY IN THE AWARDING OF FUNDS UNDER THIS SECTION SHALL BE GIVEN
 TO  APPLICANTS  WITH  EXPERIENCE  IN  OPERATING  YOUTHBUILD PROGRAMS AND
 IMPLEMENTING THE YOUTHBUILD MODEL, INCLUDING BUT NOT LIMITED TO, HOUSING
 CONSTRUCTION SKILLS TRAINING, EDUCATION,  LEADERSHIP  DEVELOPMENT,  LIFE
 SKILLS  TRAINING,  AND COUNSELING SERVICES. PRIORITY SHALL ALSO BE GIVEN
 TO THOSE WHO MEET THE PROGRAM STANDARDS OF YOUTHBUILD USA, INC.
   5. ANY NOT-FOR-PROFIT PRIVATE AGENCIES, OR PUBLIC AGENCIES WITH  EXPE-
 RIENCE  OPERATING  A  YOUTHBUILD  PROGRAM  OR  WITH A PLAN TO INCUBATE A
 YOUTHBUILD PROGRAM UNTIL IT  CAN  BE  ESTABLISHED  AS  A  NOT-FOR-PROFIT
 PRIVATE  AGENCY ARE ELIGIBLE ENTITIES. ONLY NOT-FOR-PROFIT PRIVATE AGEN-
 CIES OR PUBLIC AGENCIES THAT ARE LICENSED AFFILIATES OF YOUTHBUILD  USA,
 INC.  OR  CURRENTLY  RECEIVE A DEPARTMENT OF LABOR YOUTHBUILD AWARD, ARE
 ELIGIBLE TO USE THE TERM YOUTHBUILD  OR  ELIGIBLE  TO  APPLY  FOR  THESE
 FUNDS.
   6.  THE  COMMISSIONER SHALL REQUIRE APPLICANTS FOR YOUTHBUILD FUNDS TO
 INCLUDE VARIOUS  INFORMATION  ON  THE  APPLICANT'S  PROGRAMS  AND  SHALL
 PROMULGATE REGULATIONS OUTLINING INFORMATION REQUIRED ON SUCH APPLICANT.
 PROVIDED, HOWEVER, THAT AT A MINIMUM SUCH APPLICATION SHALL INCLUDE:
   A. A REQUEST FOR AN IMPLEMENTATION GRANT, SPECIFYING THE AMOUNT OF THE
 GRANT REQUESTED AND ITS PROPOSED USES;

 A. 165                              4
 
   B.  A  DESCRIPTION  OF THE APPLICANT AND A STATEMENT OF ITS QUALIFICA-
 TIONS, INCLUDING  A  DESCRIPTION  OF  THE  APPLICANT'S  PAST  EXPERIENCE
 RUNNING  A YOUTHBUILD PROGRAM, AND ITS EXPERIENCE WITH HOUSING REHABILI-
 TATION OR CONSTRUCTION AND WITH YOUTH AND YOUTH EDUCATION, YOUTH LEADER-
 SHIP  DEVELOPMENT  AND WORK EXPERIENCE SKILLS TRAINING PROGRAMS, AND ITS
 RELATIONSHIP WITH LOCAL UNIONS AND YOUTH  APPRENTICESHIP  PROGRAMS,  AND
 OTHER COMMUNITY GROUPS; AND
   C.  A DESCRIPTION OF THE EDUCATIONAL AND WORK EXPERIENCE SKILLS TRAIN-
 ING ACTIVITIES, WORK OPPORTUNITIES, AND OTHER  SERVICES  THAT  SHALL  BE
 PROVIDED TO PARTICIPANTS.
   §  4. This act shall take effect one year after it shall have become a
 law.