S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2370--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced by Sens. BAILEY, CLEARE, HINCHEY, JACKSON, WEBB -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on  Labor  -- recommitted to the Committee on Labor 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 labor law, in relation to enacting the "Velmanette
   Montgomery YouthBuild act"; setting program requirements;  authorizing
   the  commissioner  of  labor  to  make  grants  to eligible YouthBuild
   programs and to establish application requirements; and to expand  the
   number of YouthBuild programs across 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 "Velmanette Montgomery YouthBuild act".
   § 2. Legislative intent. The legislature seeks to support economically
 disadvantaged youth, especially youth who have not finished high school,
 to  obtain  education  and  work  experience through occupational skills
 training, personal counseling,  leadership  development,  job  placement
 assistance,  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 including 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.
                                                            LBD05663-02-4
              

 S. 2370--A                          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  CONSTRUCTION,  AGRICULTURE,  HEALTH CARE, INFORMATION
 TECHNOLOGY, HOSPITALITY/CULINARY, ADVANCED MANUFACTURING AND  LOGISTICS,
 AND RETAIL SERVICES.
   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 RESULT IN
 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 HANDS-ON WORK EXPERIENCE AND OCCUPATIONAL SKILLS TRAINING COMPO-
 NENT PRE-APPRENTICESHIP PROGRAM THAT INCLUDES CONSTRUCTION AND REHABILI-
 TATION ACTIVITIES DESCRIBED IN PARAGRAPH  A  OF  THIS  SUBDIVISION.  THE
 PROCESS  OF  CONSTRUCTION  MUST BE COUPLED WITH HANDS-ON WORK EXPERIENCE
 SKILLS TRAINING AND WITH CLOSE ON-SITE SUPERVISION BY EXPERIENCED TRAIN-
 ERS. 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 HANDS-ON WORK EXPERIENCE AND  SKILLS  TRAINING  COMPONENT  SHALL  BE
 COORDINATED  TO  THE  MAXIMUM  EXTENT  FEASIBLE  WITH PRE-APPRENTICESHIP
 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-
 S. 2370--A                          3
 
 TATION, MEDICAL, MENTAL HEALTH, LEGAL, HOUSING, AND OTHER  SERVICES  AND
 RESOURCES IN THE COMMUNITY.
   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, HOSPITALITY/CULINARY, ADVANCED MANUFACTURING AND
 LOGISTICS, AND RETAIL 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  IN
 THE FIELDS OF HEALTH CARE, INFORMATION TECHNOLOGY, HOSPITALITY/CULINARY,
 ADVANCED MANUFACTURING AND LOGISTICS, AND RETAIL SERVICES FOR ALL GRADU-
 ATES  OF  THE PROGRAM WHO HAVE PERFORMED WELL. THE HANDS-ON WORK EXPERI-
 ENCE 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 AS DEFINED BY THE UNITED STATES
 DEPARTMENT OF LABOR AND ADOPTED BY THE  DEPARTMENT  AS  THE  PERFORMANCE
 STANDARDS FOR AGENCIES AWARDED THESE FUNDS.
   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 UNITED STATES DEPARTMENT OF LABOR YOUTHBUILD
 AWARD, ARE ELIGIBLE TO USE THE TERM YOUTHBUILD OR ELIGIBLE TO APPLY  FOR
 THESE FUNDS.
 S. 2370--A                          4
 
   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;
   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 OTHER 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.