S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9348
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 Introduced  by M. of A. SMULLEN -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the economic development law, in relation to  establish-
   ing a rural remote recruitment program
 
   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 27 to read as follows:
                                ARTICLE 27
                     RURAL REMOTE RECRUITMENT PROGRAM
 SECTION 490. DEFINITIONS.
         491. RURAL REMOTE RECRUITMENT PROGRAM.
         492. ELIGIBILITY CRITERIA.
         493. APPLICATION AND APPROVAL PROCESS.
         494. POWERS AND DUTIES OF THE COMMISSIONER.
         495. FUNDING.
         496. REPORTING.
   § 490. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1.  "RURAL  AREAS"  SHALL MEAN ANY CITY, TOWN, OR VILLAGE WITH A POPU-
 LATION DENSITY LESS THAN  TWO  HUNDRED  FIFTY  PEOPLE  PER  SQUARE  MILE
 LOCATED  WITHIN  A  COUNTY  WITH A POPULATION OF LESS THAN THREE HUNDRED
 THOUSAND PEOPLE AND A POPULATION DENSITY OF LESS THAN TWO HUNDRED  FIFTY
 PEOPLE PER SQUARE MILE.
   2. "REMOTE WORKER" SHALL MEAN ANY FULL TIME EMPLOYED PERSON, WHO WORKS
 AN  AVERAGE  OF  AT LEAST THIRTY-FIVE HOURS PER WEEK AND PARTICIPATES IN
 THE PRACTICE OF WORKING FROM ONE'S HOME  OR  ANOTHER  DESIGNATED  SPACE,
 INSTEAD OF THE TRADITIONAL OFFICE ENVIRONMENT.
   3.  "ACCEPTANCE  DATE"  SHALL MEAN THE DATE UPON WHICH AN APPLICANT TO
 THE RURAL REMOTE RECRUITMENT PROGRAM ACCEPTS AND COMMITS  TO  THE  TERMS
 AND AGREEMENTS OF THE PROGRAM.
   4.  "RURAL  REMOTE  RECRUITMENT  PROGRAM"  OR "PROGRAM" SHALL MEAN THE
 PROGRAM ESTABLISHED BY SECTION FOUR HUNDRED NINETY-ONE OF THIS ARTICLE.
   § 491. RURAL REMOTE RECRUITMENT PROGRAM. 1.  THERE  IS  HEREBY  ESTAB-
 LISHED  WITHIN  THE  DEPARTMENT  A "RURAL REMOTE RECRUITMENT" PROGRAM TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14684-01-4
 A. 9348                             2
 
 PROVIDE MONETARY INCENTIVES FOR REMOTE WORKERS TO  RELOCATE  INTO  RURAL
 AREAS OF NEW YORK THAT OPT INTO THE PROGRAM.
   2.  THE  DEPARTMENT  SHALL  COORDINATE WITH THE DEPARTMENT OF LABOR TO
 DEVELOP AN APPLICATION, COMPETITIVE EVALUATION PROCESS AND REPORTING  TO
 SUPPORT THE RURAL REMOTE RECRUITMENT PROGRAM.
   §  492.  ELIGIBILITY  CRITERIA.  IN  ORDER TO PARTICIPATE IN THE RURAL
 REMOTE RECRUITMENT PROGRAM, A REMOTE WORKER  APPLICANT  TO  THE  PROGRAM
 MUST SATISFY THE FOLLOWING CRITERIA:
   1. THE APPLICANT MUST RESIDE IN NEW YORK OUTSIDE OF A DESIGNATED RURAL
 AREA,  RESIDE OUTSIDE OF NEW YORK STATE, OR CURRENTLY RESIDE IN A DESIG-
 NATED RURAL AREA AND BE WORKING REMOTELY;
   2. THE APPLICANT MUST BE EIGHTEEN YEARS OF AGE OR OLDER;
   3. THE APPLICANT MUST BE EMPLOYED IN A FULL-TIME REMOTE POSITION;
   4. THE APPLICANT MUST BE ELIGIBLE TO WORK INSIDE THE U.S.; AND
   5. THE APPLICANT MUST BE ABLE TO RELOCATE INTO A RURAL AREA WITHIN SIX
 MONTHS OF THE PROGRAM AND MUST AGREE TO LIVE IN THE RURAL  AREA  FOR  AT
 LEAST TWENTY-FOUR MONTHS.
   §  493. APPLICATION AND APPROVAL PROCESS. 1. A REMOTE WORKER APPLICANT
 TO THE PROGRAM MUST SUBMIT A COMPLETED APPLICATION IN SUCH FORM AND WITH
 SUCH INFORMATION AS PRESCRIBED BY THE COMMISSIONER.
   2. AS PART OF SUCH APPLICATION, EACH APPLICANT MUST:
   (A) SUBMIT DOCUMENTED PROOF OF  INCOME  TO  NEW  YORK  STATE  ANNUALLY
 DURING THE TERM OF THE PROGRAM;
   (B) SUBMIT PROOF OF RESIDENCY ANNUALLY DURING THE TERM OF THE PROGRAM;
   (C)  AGREE  TO  ALLOW  THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE
 THEIR TAX INFORMATION WITH THE DEPARTMENT; PROVIDED THAT ANY INFORMATION
 SHARED AS A RESULT OF THIS AGREEMENT SHALL NOT BE AVAILABLE FOR  DISCLO-
 SURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW; AND
   (D)  CERTIFY,  UNDER  PENALTY  OF  PERJURY,  THAT  THE APPLICANT IS IN
 SUBSTANTIAL COMPLIANCE WITH ALL LOCAL, STATE, AND FEDERAL TAX LAWS.
   3. THE COMMISSIONER MAY APPROVE AN APPLICATION FROM  A  REMOTE  WORKER
 APPLICANT  UPON  DETERMINING  THAT  SUCH APPLICANT MEETS THE ELIGIBILITY
 CRITERIA ESTABLISHED IN THIS ARTICLE. FOLLOWING APPROVAL BY THE  COMMIS-
 SIONER OF AN APPLICATION TO PARTICIPATE IN THE PROGRAM, THE COMMISSIONER
 SHALL  ISSUE THE APPLICANT A MONETARY AWARD OF UP TO TWENTY-SIX THOUSAND
 DOLLARS. THE MONETARY INCENTIVE SHALL BE COMPOSED OF THE FOLLOWING:
   (A) A RELOCATION INCENTIVE OF UP TO FIFTEEN THOUSAND DOLLARS;
   (B) A HOMEBUYER INCENTIVE OF UP TO TEN THOUSAND DOLLARS;
   (C) UP TO ONE THOUSAND DOLLARS FOR TRAVEL REIMBURSEMENT FOR VISITING A
 RURAL REGION OF INTEREST PRIOR TO JOINING; AND
   (D) UP TO TEN THOUSAND DOLLARS FOR CURRENT  REMOTE  WORKER  APPLICANTS
 RESIDING IN A DESIGNATED RURAL AREA.
   4.  UPON ACCEPTANCE INTO THE PROGRAM, THE INCENTIVES ARE TO BE PAID AS
 OUTLINED BELOW:
   (A) WITHIN FOURTEEN DAYS OF THE DEPARTMENT RECEIVING RECEIPTS  OF  ALL
 OUT-OF-POCKET EXPENSES INCURRED WHEN VISITING THE RURAL REGION OF INTER-
 EST,  THE  RECIPIENT  WILL  BE REIMBURSED UP TO ONE THOUSAND DOLLARS FOR
 OUT-OF-POCKET EXPENSES.
   (B) WITHIN FOURTEEN DAYS OF THE REMOTE WORKER  APPLICANT'S  ACCEPTANCE
 DATE,  THE  REMOTE WORKER WILL BE PAID A ONE-TIME PAYMENT OF SEVEN THOU-
 SAND DOLLARS.
   (C) WITHIN FOURTEEN DAYS FOLLOWING THE  ONE-YEAR  ANNIVERSARY  OF  THE
 REMOTE  WORKER'S  ACCEPTANCE DATE, THE REMOTE WORKER WILL BE PAID A ONE-
 TIME PAYMENT OF FOUR THOUSAND DOLLARS.
 A. 9348                             3
 
   (D) WITHIN FOURTEEN DAYS FOLLOWING THE EXPIRATION OF THE REMOTE  WORK-
 ER'S  CONTRACT  TERM,  THE  REMOTE  WORKER WILL BE PAID A FINAL ONE-TIME
 PAYMENT OF FOUR THOUSAND DOLLARS.
   (E)  ALL PAYMENTS HEREIN ARE CONTINGENT UPON THE REMOTE WORKER ABIDING
 BY ALL THE TERMS AND CONDITIONS OF THE PROGRAM.
   5. UPON APPROVAL BY THE COMMISSIONER, AN INTERESTED HOMEBUYER  PARTIC-
 IPATING  IN THE PROGRAM SHOULD RECEIVE A ONE-TIME REIMBURSEMENT OF UP TO
 OF TEN THOUSAND DOLLARS AFTER SUBMITTING NECESSARY PROOF OF CONTRACT  AS
 DETERMINED BY THE COMMISSIONER.
   §  494.  POWERS  AND  DUTIES  OF THE COMMISSIONER. 1. THE COMMISSIONER
 SHALL, IN CONSULTATION WITH THE COMMISSIONER OF LABOR, PROMULGATE  REGU-
 LATIONS CONSISTENT WITH THE PURPOSES OF THIS ARTICLE THAT, NOTWITHSTAND-
 ING ANY PROVISIONS TO THE CONTRARY IN THE STATE ADMINISTRATIVE PROCEDURE
 ACT,  MAY  BE  ADOPTED  ON  AN  EMERGENCY  BASIS. SUCH REGULATIONS SHALL
 INCLUDE, BUT NOT BE LIMITED TO, ELIGIBILITY CRITERIA FOR REMOTE  WORKERS
 DESIRING  TO  PARTICIPATE IN THE PROGRAM, PROCEDURES FOR THE RECEIPT AND
 EVALUATION OF APPLICATIONS FROM REMOTE WORKERS  TO  PARTICIPATE  IN  THE
 PROGRAM,  AND  SUCH  OTHER  PROVISIONS  AS  THE COMMISSIONER DEEMS TO BE
 APPROPRIATE IN ORDER TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
   2. THE COMMISSIONER SHALL SOLELY  DETERMINE  THE  ELIGIBILITY  OF  ANY
 APPLICANT  APPLYING  FOR  ENTRY  INTO  THE  PROGRAM AND SHALL REMOVE ANY
 PARTICIPANT FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS
 SET FORTH IN THIS ARTICLE OR FOR  MAKING  A  MATERIAL  MISREPRESENTATION
 WITH RESPECT TO THEIR PARTICIPATION IN THE PROGRAM.
   §  495.  FUNDING.  THE  COMMISSIONER  OF THE DEPARTMENT OF LABOR SHALL
 TRANSFER ANY NECESSARY FUNDING FROM THE FEDERAL WORKFORCE INVESTMENT ACT
 ACCOUNT AS FUNDED BY GRANTS UNDER THE WORKFORCE INVESTMENT  ACT,  PUBLIC
 LAW  105-220,  AND  THE WORKFORCE INNOVATION AND OPPORTUNITY ACT, PUBLIC
 LAW 113-128 TO THE DEPARTMENT TO SUPPORT THIS ARTICLE.
   § 496. REPORTING. THE COMMISSIONER SHALL PREPARE ON AN ANNUAL BASIS  A
 PROGRAM REPORT FOR POSTING ON THE DEPARTMENT'S WEBSITE. THE FIRST REPORT
 WILL  BE  POSTED BY JUNE THIRTIETH, TWO THOUSAND TWENTY-SIX, AND BY JUNE
 THIRTIETH EVERY YEAR THEREAFTER. SUCH REPORT SHALL INCLUDE, BUT  NOT  BE
 LIMITED  TO, THE FOLLOWING: NUMBER OF APPLICANTS; NUMBER OF PARTICIPANTS
 APPROVED; NAMES OF PARTICIPANTS; TOTAL  AMOUNT  OF  BENEFITS  CERTIFIED;
 BENEFITS  RECEIVED  PER PARTICIPANT; TOTAL INCREASE IN RURAL POPULATION;
 AND SUCH OTHER INFORMATION AS THE COMMISSIONER DETERMINES.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date upon which it shall have become a law.