S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3284--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 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 -- 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.
   § 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.
   § 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.
                                                            LBD04682-03-2
              

 S. 3284--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.
   §  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  INDI-
 CATE  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
 TWENTY-THREE  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  RECOMMENDA-
 TIONS  TO  THE GOVERNOR AND THE LEGISLATURE RELATING TO IMPROVED PROGRAM
 S. 3284--A                          3
 
 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.
   § 2. This act shall take effect immediately.