S T A T E O F N E W Y O R K
________________________________________________________________________
8884--A
I N S E N A T E
April 27, 2022
___________
Introduced by Sens. HOYLMAN, BRISPORT -- read twice and ordered printed,
and when printed to be committed to the Committee on Finance --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public health law and the state finance law, in
relation to enacting the Lorena Borjas transgender and gender non-bi-
nary (TGNB) wellness and equity fund
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 "Lorena Borjas transgender and gender non-binary (TGNB) wellness and
equity fund act".
§ 2. Title 2-F of article 2 of the public health law is amended by
adding a new section 244 to read as follows:
§ 244. TRANSGENDER AND GENDER NON-BINARY (TGNB) WELLNESS AND EQUITY
PROGRAM. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "GENDER EXPANSIVE" SHALL MEAN A TRANSGENDER, GENDER NON-BINARY,
GENDER NON-CONFORMING OR INTERSEX INDIVIDUALS, HAVING A GENDER IDENTITY
OR EXPRESSION THAT IS DIFFERENT FROM THE SEX ASSIGNED TO SUCH INDIVIDUAL
AT BIRTH.
(B) "INTERSEX" SHALL MEAN A BIOLOGICAL VARIATION IN WHICH AN INDIVID-
UAL IS BORN WITH A REPRODUCTIVE OR SEXUAL ANATOMY THAT DOES NOT FIT THE
TYPICAL DEFINITIONS OF FEMALE OR MALE.
2. THE DEPARTMENT, THROUGH THE AIDS INSTITUTE, SHALL ESTABLISH AND
OPERATE A TRANSGENDER AND GENDER NON-BINARY (TGNB) WELLNESS AND EQUITY
PROGRAM AS AUTHORIZED PURSUANT TO THIS SECTION. SUCH PROGRAM SHALL BE
ESTABLISHED WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
3. THE TRANSGENDER AND GENDER NON-BINARY (TGNB) WELLNESS AND EQUITY
PROGRAM SHALL BE DESIGNED TO:
(A) INCREASE THE CAPACITY OF GRASSROOTS ORGANIZATIONS WORKING AT THE
LOCAL LEVEL AND ENSURE NEW YORK STATE INVESTS IN ORGANIZATIONS SERVING
GENDER EXPANSIVE INDIVIDUALS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14576-07-2
S. 8884--A 2
(B) INCREASE TRANSGENDER, GENDER NON-BINARY AND INTERSEX CULTURAL
COMPETENCE BY INVESTING IN CULTURAL COMPETENCY PROGRAMS OR CURRICULUMS
THAT ARE DESIGNED BY, OR IN CONSULTATION WITH, GENDER EXPANSIVE INDIVID-
UALS.
(C) ADDRESS INEQUITIES IN CURRENT FUNDING DISTRIBUTION FOR ORGANIZA-
TIONS SERVING GENDER EXPANSIVE INDIVIDUALS, INCLUDING BUT NOT LIMITED TO
ORGANIZATIONS LOCATED OUTSIDE OF THE CITY OF NEW YORK.
(D) ENABLE UNEMPLOYED GENDER EXPANSIVE RESIDENTS OF NEW YORK TO BECOME
GAINFULLY EMPLOYED TAXPAYERS THROUGH JOB TRAINING AND JOB PLACEMENT
SERVICES PROVIDED BY ORGANIZATIONS SERVING GENDER EXPANSIVE INDIVIDUALS.
(E) FOSTER NEW AND EMERGING GENDER EXPANSIVE LEADERSHIP THROUGH CAPAC-
ITY BUILDING SUPPORT.
(F) DECREASE HOMELESSNESS AND INCREASE ACCESS TO SOCIAL SERVICES BY
INVESTING IN ORGANIZATIONS PRIMARILY SERVING TRANSGENDER, GENDER NON-BI-
NARY AND INTERSEX INDIVIDUALS AND THAT PROVIDE HOUSING SOLUTIONS DEDI-
CATED TO GENDER EXPANSIVE INDIVIDUALS.
4. SUBJECT TO APPROPRIATION, MONEYS IN THE TRANSGENDER AND GENDER
NON-BINARY (TGNB) WELLNESS AND EQUITY PROGRAM FUND, PURSUANT TO SECTION
NINETY-FIVE-K OF THE STATE FINANCE LAW, MAY BE USED FOR THE FOLLOWING
PURPOSES:
(A) IDENTIFYING LEADING COMMUNITY-BASED ORGANIZATIONS INVOLVING AND
SERVING GENDER EXPANSIVE INDIVIDUALS AND PROVIDING THEM WITH GRANTS TO
EXPAND THEIR EXISTING WORK.
(B) PROVIDING GRANTS TO ORGANIZATIONS INVOLVING AND SERVING GENDER
EXPANSIVE INDIVIDUALS TO CREATE SUPPORTIVE HOUSING SOLUTIONS AND TO
IDENTIFY, ASSIST, AND REFER TRANSGENDER, GENDER NON-BINARY AND INTERSEX
RESIDENTS OF NEW YORK STATE TO SUPPORTIVE HOUSING.
(C) CREATING OR FUNDING EXISTING PROGRAMS SERVING GENDER EXPANSIVE
INDIVIDUALS THAT PRIMARILY COORDINATE INCLUSIVE HEALTH CARE FOR INDIVID-
UALS WHO IDENTIFY AS TRANSGENDER, GENDER NON-BINARY, NON-CONFORMING OR
INTERSEX.
(D) PROVIDING GRANTS TO ORGANIZATIONS INVOLVING AND SERVING GENDER
EXPANSIVE INDIVIDUALS TO INCREASE THE CAPACITY OF HEALTH CARE PROFES-
SIONALS TO EFFECTIVELY PROVIDE GENDER AFFIRMING CARE. THIS INCLUDES THE
CREATION OF EDUCATIONAL MATERIALS OR FACILITATION OF CAPACITY BUILDING
TRAINING.
(E) PROVIDING GRANTS FOR BEHAVIORAL HEALTH SERVICES DEVELOPED BY, OR
IN CONSULTATION WITH, GENDER EXPANSIVE INDIVIDUALS THAT OFFER MENTAL
HEALTH AND SUBSTANCE USE SERVICES FOR GENDER EXPANSIVE YOUTH, ADULTS,
SENIORS, AND FAMILIES.
(F) PROVIDING GRANTS FOR EDUCATIONAL AND VOCATIONAL TRAINING PROGRAMS
DEVELOPED BY, OR IN CONSULTATION WITH, GENDER EXPANSIVE INDIVIDUALS TO
INCREASE THE EMPLOYMENT STATUS AND EDUCATIONAL ATTAINMENT LEVEL OF
GENDER EXPANSIVE RESIDENTS OF NEW YORK STATE.
(G) PROVIDING FUNDS TO IMPROVE DATA COLLECTION ON GENDER IDENTITY AND
EXPRESSION IN NEW YORK STATE WITH A FOCUS ON GENDER EXPANSIVE RESIDENTS
OF NEW YORK STATE AND THEIR NEEDS.
§ 3. The state finance law is amended by adding a new section 95-k to
read as follows:
§ 95-K. TRANSGENDER AND GENDER NON-BINARY (TGNB) WELLNESS AND EQUITY
PROGRAM FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE
STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO
BE KNOWN AS THE "TRANSGENDER AND GENDER NON-BINARY (TGNB) WELLNESS AND
EQUITY PROGRAM FUND".
2. MONEYS IN SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR
THE PURPOSES OF SUCH FUND AND ALL MONEYS APPROPRIATED, CREDITED OR
S. 8884--A 3
TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. ANY
INTEREST RECEIVED BY THE COMPTROLLER ON MONEY ON DEPOSIT IN THE FUND
SHALL BE RETAINED IN AND BECOME PART OF SUCH FUND.
§ 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 5. This act shall take effect immediately.