S T A T E O F N E W Y O R K
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9376
I N S E N A T E
May 14, 2024
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Introduced by Sens. GIANARIS, COMRIE -- read twice and ordered printed,
and when printed to be committed to the Committee on Commerce, Econom-
ic Development and Small Business
AN ACT to amend the economic development law and the New York state
urban development corporation act, in relation to enacting the good
jobs guarantee 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 28 to read as follows:
ARTICLE 28
GOOD JOBS GUARANTEE PROGRAM
SECTION 500. SHORT TITLE.
501. LEGISLATIVE FINDINGS.
502. GOOD JOBS GUARANTEE PROGRAM.
503. DEFINITIONS.
504. PROGRAM ADMINISTRATION.
§ 500. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "GOOD JOBS GUARANTEE PROGRAM ACT".
§ 501. LEGISLATIVE FINDINGS. FOR MANY NEW YORKERS, THERE ARE FEW PATH-
WAYS TO GOOD JOBS, AND ECONOMIC MOBILITY IS NO LONGER ATTAINABLE. TRADI-
TIONAL PATHS ARE FAILING, AND THE SYSTEM IS BROKEN. OVER 76% OF AMERI-
CANS, WHICH EQUATES TO 218+ MILLION ADULTS, DO NOT HAVE COLLEGE DEGREES
EVEN THOUGH MOST HIGH-PAYING JOBS REQUIRE ONE. AT THE SAME TIME, THE
UNITED STATES IS BURDENED BY A $1.7 TRILLION STUDENT LOAN CRISIS BECAUSE
COLLEGE FINANCING HAS DECOUPLED FROM OUTCOMES. THE SYSTEM IS ESPECIALLY
STACKED AGAINST LOW-INCOME INDIVIDUALS AND PEOPLE OF COLOR. IN NEW YORK
STATE, THIS PROBLEM PERSISTS: 60% OF ADULTS LACK A 4-YEAR DEGREE AND
DEGREE HOLDERS OWE $90 BILLION IN LOANS. COLLEGE IS NOT THE ONLY PATH TO
A GOOD JOB - ALTERNATIVES FOR WORKFORCE TRAINING EXIST. WHILE THESE
MODELS HAVE HIGH POTENTIAL, LIMITED FUNDING AND FRAMEWORKS PREVENT THEM
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15190-06-4
S. 9376 2
FROM CONFRONTING THIS CHALLENGE AND NEW MODELS ARE NEEDED TO ADDRESS THE
SCALE.
ACCORDINGLY, THE GOOD JOBS GUARANTEE PROGRAM ACT WOULD ESTABLISH A
PROGRAM WITHIN THE EMPIRE STATE DEVELOPMENT CORPORATION TO FACILITATE
THE IMPLEMENTATION OF WORKFORCE TRAINING FOR LOW-INCOME NEW YORKERS
THROUGH A PUBLIC-PRIVATE PARTNERSHIP CAPPED EQUITY FINANCING FRAMEWORK.
CORE TO THE GOOD JOBS GUARANTEE PROGRAM IS ENSURING THAT LOW-INCOME NEW
YORKERS SEEKING ECONOMIC OPPORTUNITY ARE SIGNIFICANTLY BETTER OFF UPON
COMPLETING WORKFORCE TRAINING THAN THEY WERE BEFORE. INDIVIDUALS WHO
PARTICIPATE IN TRAINING PROGRAMS UNDER THE GOOD JOBS GUARANTEE WILL NOT
BE CHARGED ANY TUITION OR UPFRONT COSTS; THEY WILL ONLY INCUR PAYMENT
OBLIGATIONS IF THE PROGRAM ACTUALLY SUCCEEDS IN SECURING THEM EMPLOYMENT
AT HIGH, FAMILY-SUSTAINING WAGES. THE BILL ALSO CONTAINS SEVERAL
PROTECTIONS TO ENSURE THAT PARTICIPANTS CAN RECEIVE WORKFORCE TRAINING
FOR GOOD PAYING JOBS WITHOUT BEING SADDLED BY UNDULY BURDENSOME DEBT. IF
AT ANY TIME AFTER THEIR TRAINING A PARTICIPANT IS UNABLE TO MAINTAIN A
GOOD JOB FOR ANY REASON, THE PARTICIPANT'S PAYMENT OBLIGATIONS WILL
CEASE. THIS PROGRAM SHIFTS THE BURDEN AWAY FROM THE JOB SEEKER AND ONTO
APPROVED WORKFORCE TRAINING PROVIDERS TO ACHIEVE SUCCESS. BY BRINGING
THIS OUTCOME-BASED FINANCING MODEL TO SCALE, THIS BILL AIMS TO REVOLU-
TIONIZE WORKFORCE TRAINING IN NEW YORK AND GUARANTEE GOOD JOBS TO LOW-
INCOME NEW YORKERS.
§ 502. GOOD JOBS GUARANTEE PROGRAM. THERE IS HEREBY ESTABLISHED A GOOD
JOBS GUARANTEE PROGRAM TO PROVIDE WORKFORCE TRAINING THROUGH APPROVED
PROVIDERS TO ENABLE PARTICIPANTS TO SECURE HIGHER PAYING, SUSTAINABLE
JOBS WITH SKILLS GAINED THROUGH THE PROGRAM.
§ 503. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "APPROVED PROVIDER" MEANS AN ENTITY THAT IS APPROVED BY THE COMMIS-
SIONER TO PROVIDE WORKFORCE TRAINING TO ELIGIBLE PARTICIPANTS TO ENABLE
SUCH INDIVIDUALS TO SECURE POST-TRAINING EMPLOYMENT AT AN ANNUAL MINIMUM
SALARY OF FIFTY THOUSAND DOLLARS;
2. "ELIGIBLE PARTICIPANT" MEANS AN INDIVIDUAL WHO APPLIES FOR WORK-
FORCE TRAINING OFFERED THROUGH APPROVED PROVIDERS PURSUANT TO THIS ARTI-
CLE WHO, AT THE TIME OF APPLICATION:
(A) HAS A GROSS ANNUAL INCOME OF LESS THAN FORTY-FIVE THOUSAND DOLLARS
PER YEAR; AND
(B) IS EITHER (I) RECEIVING ASSISTANCE PURSUANT TO SECTION NINETY-FIVE
OR ONE HUNDRED FIFTY-EIGHT OF THE SOCIAL SERVICES LAW, OR (II) DOES NOT
POSSESS A COLLEGE DEGREE.
3. "PROGRAM ADMINISTRATOR" SHALL MEAN AN INDIVIDUAL OR BUSINESS
SELECTED BY THE COMMISSIONER THROUGH COMPETITIVE PROCESS TO OVERSEE THE
GOOD JOBS GUARANTEE PROGRAM AND GUARANTOR FUND. SUCH PROGRAM ADMINISTRA-
TOR SHALL HAVE DEMONSTRATED EXPERIENCE IN THE FOLLOWING AREAS: (A) RAIS-
ING CAPITAL FROM INSTITUTIONAL INVESTORS AND PHILANTHROPIC ORGANIZATIONS
WITH FOCUS ON WORKFORCE DEVELOPMENT GOALS FOR LOW INCOME INDIVIDUALS,
(B) IMPLEMENTING FINANCIAL MODELS TO LEVERAGE PRIVATE INVESTMENT WITH
FOCUS ON WORKFORCE DEVELOPMENT GOALS FOR LOW INCOME INDIVIDUALS, (C)
PROVIDING TRAINING WITH FOCUS ON WORKFORCE DEVELOPMENT GOALS FOR LOW
INCOME INDIVIDUALS, AND (D) ANY OTHER CRITERIA SET BY THE COMMISSIONER.
§ 504. PROGRAM ADMINISTRATION. 1. (A) THE PROGRAM ADMINISTRATOR MAY
DEPLOY CAPITAL TO APPROVED PROVIDERS FOR WORKFORCE TRAINING OF ELIGIBLE
PARTICIPANTS IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
(B) APPROVED PROVIDERS MAY BE IN ANY EMPLOYMENT FIELD, SUBJECT TO THE
DISCRETION OF THE PROGRAM ADMINISTRATOR.
S. 9376 3
(C) THE PROGRAM ADMINISTRATOR SHALL DEPLOY CAPITAL TO AN APPROVED
PROVIDER FOR WORKFORCE TRAINING SUBJECT TO THE PROVISIONS OF THIS ARTI-
CLE AND ANY OTHER REQUIREMENT AS THE COMMISSIONER SHALL DEEM NECESSARY
AND ADVISABLE.
(D) AN APPROVED PROVIDER SHALL SECURE POST-TRAINING EMPLOYMENT FOR A
PARTICIPANT WHO COMPLETES A WORKFORCE TRAINING PROGRAM.
(E) AN APPROVED PROVIDER SHALL NOT CONSIDER THE CREDIT WORTHINESS OF
ANY APPLICANT IN DETERMINING ELIGIBILITY FOR PARTICIPATION IN THE
PROGRAM.
2. (A) THE APPROVED PROVIDER SHALL ENTER INTO CONTRACTS WITH ELIGIBLE
PARTICIPANTS WHICH SHALL STIPULATE THAT PARTICIPANTS SHALL ONLY INCUR
PAYMENT OBLIGATIONS FOR THE COSTS OF A TRAINING PROGRAM BASED ON SUCH
PARTICIPANT'S MONTHLY SALARY FOLLOWING COMPLETION OF A WORKFORCE TRAIN-
ING PROGRAM AND SUBSEQUENTLY SECURING EMPLOYMENT WITH AN ANNUAL SALARY
IN EXCESS OF FIFTY THOUSAND DOLLARS.
(B) FOR PURPOSES OF THIS SUBDIVISION "ANNUAL SALARY" SHALL NOT INCLUDE
A SPOUSE'S INCOME, RETIREMENT PENSIONS AND ANNUITIES, SOCIAL SECURITY
BENEFITS, SOURCES OF STATE AND FEDERAL AID INCLUDING, BUT NOT LIMITED
TO, UNEMPLOYMENT PROGRAMS, DISASTER RELIEF PROGRAMS, MEDICARE OR MEDI-
CAID BENEFITS, ECONOMIC IMPACT PAYMENTS, EARNED INCOME TAX CREDITS,
CHILD TAX CREDITS, OTHER INCOME EXCLUDED AS TAXABLE BY THE FEDERAL
INTERNAL REVENUE SERVICE, PASSIVE INCOME NOT RELATED TO THE FULL-TIME
EMPLOYMENT, AND ANY OTHER SOURCES AS DETERMINED BY THE COMMISSIONER.
(C) ELIGIBLE PARTICIPANTS SHALL NOT BE REQUIRED TO PAY TUITION OR
OTHER UPFRONT PAYMENTS IN EXCHANGE FOR RECEIVING TRAINING UNDER THE GOOD
JOBS GUARANTEE PROGRAM, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.
3. (A) PAYMENT OBLIGATIONS, PURSUANT TO CONTRACTS ENTERED INTO UNDER
THE PROGRAM, SHALL BE MADE TO THE APPROVED PROVIDER ON A MONTHLY BASIS
AT A VARIABLE PERCENTAGE OF AN ELIGIBLE PARTICIPANT'S SALARY, BUT THE
VARIABLE PERCENTAGE SHALL NOT EXCEED TWENTY PERCENT OF THE ELIGIBLE
PARTICIPANT'S TOTAL ANNUAL SALARY.
(B) THE MAXIMUM REPAYMENT PERIOD SHALL NOT EXCEED EIGHT YEARS FROM THE
START OF TRAINING, AND CONTRACTS BETWEEN APPROVED PROVIDERS AND ELIGIBLE
PARTICIPANTS SHALL STIPULATE A TOTAL PAYMENT OBLIGATION AMOUNT.
(C) THE PROGRAM ADMINISTRATOR SHALL ESTABLISH AN ALLOWANCE FOR HARD-
SHIP EXCEPTIONS TOTALING A MINIMUM OF THREE MONTHS OF LATE OR EXCUSED
PAYMENTS. ANY FEES ESTABLISHED FOR LATE PAYMENTS SHALL NOT EXCEED FIVE
PERCENT OF THE MONTHLY PAYMENT OBLIGATION AMOUNT.
(D) NO INTEREST SHALL ACCRUE ON ANY OBLIGATIONS DUE.
(E) PAYMENT OBLIGATIONS SHALL NOT BE STRUCTURED AS AN OUTCOME-BASED
FINANCING LOAN TO PARTICIPANTS IN THE PROGRAM.
(F) THERE SHALL BE NO RESTRICTIONS ON THE TYPE OR FIELD OF EMPLOYMENT
A PARTICIPANT MAY ACCEPT FOLLOWING COMPLETION OF A WORKFORCE TRAINING
PROGRAM UNDER THIS ARTICLE.
§ 2. Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 60 to read as follows:
§ 60. NEW YORK STATE GOOD JOBS PROGRAM GUARANTOR FUND. 1. DEFINITIONS.
(A) FOR THE PURPOSES OF THIS SECTION THE TERMS "APPROVED PROVIDER" AND
"PROGRAM ADMINISTRATOR" SHALL HAVE THE MEANINGS SET FORTH IN ARTICLE 28
OF THE ECONOMIC DEVELOPMENT LAW.
(B) "GUARANTOR FUND" SHALL MEAN A FUND TOTALING ONE HUNDRED MILLION
DOLLARS FOR THE PURPOSE OF A CREDIT ENHANCEMENT TO ATTRACT INVESTMENT IN
PRIVATE MARKETS MANAGED BY THE PROGRAM ADMINISTRATOR UNDER THE GOOD JOBS
GUARANTEE PROGRAM. THE GUARANTOR FUND SHALL NOT BE USED FOR DIRECT
INVESTMENT TO APPROVED PROVIDERS.
S. 9376 4
(C) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF ECONOMIC DEVELOP-
MENT.
2. GOOD JOBS PROGRAM GUARANTOR FUND. THE CORPORATION, OR ITS AGENT,
SHALL ESTABLISH A GOOD JOBS PROGRAM GUARANTOR FUND TO PROVIDE A MINIMUM
LOSS RESERVE TO ACT AS A CREDIT ENHANCEMENT FOR FUNDS RAISED BY THE
PROGRAM ADMINISTRATOR TO ASSIST APPROVED PROVIDERS OFFERING WORKFORCE
TRAINING PURSUANT TO ARTICLE 28 OF THE ECONOMIC DEVELOPMENT LAW.
FURTHER, THE CORPORATION SHALL PROVIDE APPROVAL FOR THE DISBURSEMENTS OF
THE GOOD JOBS PROGRAM GUARANTOR FUND BY THE PROGRAM ADMINISTRATOR.
DISBURSEMENTS FROM THE FUND SHALL ONLY BE MADE IF THE TERMS OF A GOOD
JOBS GUARANTEE PROGRAM CONTRACT AS AGREED TO BY SUCH PROGRAM ADMINISTRA-
TOR AND AN APPROVED PROVIDER CANNOT BE MET AND SHALL BE SUBJECT TO THE
APPROVAL OF THE COMMISSIONER.
3. ADMINISTRATION OF THE GOOD JOBS PROGRAM GUARANTOR FUND. (A) THE
CORPORATION IS HEREBY AUTHORIZED TO:
(I) ENTER INTO A CONTRACT WITH A PROGRAM ADMINISTRATOR TO ACT AS AN
AGENT OF THE CORPORATION WITH RESPECT TO THE ADMINISTRATION OF THE GOOD
JOBS GUARANTEE PROGRAM AND GUARANTOR FUND, PROVIDED THAT THE CORPORATION
SHALL PROVIDE APPROVAL FOR DISBURSEMENTS OF THE GUARANTOR FUND;
(II) CONDUCT AN ANNUAL REVIEW AND ASSESSMENT OF THE PERFORMANCE OF
SUCH PROGRAM ADMINISTRATOR IN ITS CAPACITY AS AN AGENT OF THE CORPO-
RATION, TO DETERMINE WHETHER THE CONTRACT FOR THE SERVICES OF THE
PROGRAM ADMINISTRATOR SHOULD BE RENEWED. SUCH REVIEW SHALL BE BASED ON
WHETHER SUCH PROGRAM ADMINISTRATOR HAS SATISFACTORILY MET THE TERMS AND
CONDITIONS OF SUCH CONTRACT;
(III) ALLOW SUCH PROGRAM ADMINISTRATOR THE OPPORTUNITY TO MAKE CORREC-
TIVE ACTION WHERE AN INITIAL DETERMINATION HAS BEEN MADE THAT SUCH
PROGRAM ADMINISTRATOR'S PERFORMANCE IS UNSATISFACTORY; AND
(IV) SUBMIT TO THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT
OF THE SENATE THE CORPORATION'S RECOMMENDATION TO TERMINATE SUCH
CONTRACT WITH THE PROGRAM ADMINISTRATOR UPON A FINAL REVIEW OF SUCH
PROGRAM ADMINISTRATOR'S PERFORMANCE AND CONCLUSION THAT SUCH PROGRAM
ADMINISTRATOR'S PERFORMANCE IS UNSATISFACTORY. THE CORPORATION SHALL
BEGIN A COMPETITIVE BID PROCESS TO SELECT A NEW PROGRAM ADMINISTRATOR
UPON THE TERMINATION OF SUCH CONTRACT.
(B) ANY CONTRACT ENTERED INTO PURSUANT TO SUBPARAGRAPH (I) OF PARA-
GRAPH (A) OF THIS SUBDIVISION SHALL:
(I) BE FOR A PERIOD OF TEN YEARS AND SHALL BE RENEWED FOR AN ADDI-
TIONAL TEN-YEAR PERIOD SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH (II) OF
PARAGRAPH (A) OF THIS SUBDIVISION; AND
(II) PROVIDE FOR COMPENSATION OF EXPENSES IN ACCORDANCE WITH REASON-
ABLE MARKET STANDARDS INCURRED BY THE PROGRAM ADMINISTRATOR IN
CONNECTION WITH SUCH SERVICES PROVIDED BY THE PROGRAM ADMINISTRATOR AND
FOR SUCH OTHER SERVICES AS THE CORPORATION MAY DEEM NECESSARY INCLUDING,
BUT NOT LIMITED TO, THE USE OF PREMISES, PERSONNEL, TECHNICAL ASSISTANCE
AND PERSONAL PROPERTY OF SUCH PROGRAM ADMINISTRATOR.
4. DUTIES OF THE PROGRAM ADMINISTRATOR. THE PROGRAM ADMINISTRATOR
SHALL:
(A) STRUCTURE AND RAISE CAPITAL FROM PRIVATE, PHILANTHROPIC, AND
PUBLIC INVESTORS USING THE GUARANTOR FUND AS A CREDIT ENHANCEMENT. SUCH
CAPITAL RAISED SHALL BE USED TO SUPPORT WORKFORCE TRAINING PROVIDED
UNDER THE GOOD JOBS GUARANTEE PROGRAM;
(B) ENTER INTO CONTRACTS WITH APPROVED PROVIDERS TO DEPLOY CAPITAL
RAISED TO APPROVED PROVIDERS TO SUPPORT WORKFORCE TRAINING UNDER THE
GOOD JOBS GUARANTEE PROGRAM PURSUANT TO ARTICLE 28 OF THE ECONOMIC
DEVELOPMENT LAW AND MANAGE THE INVESTMENT RETURNS; AND
S. 9376 5
(C) PERFORM ANY OTHER DUTIES AS DEEMED NECESSARY BY THE COMMISSIONER.
5. RULES AND REGULATIONS. THE COMMISSIONER MAY ADOPT ANY RULES OR
REGULATIONS NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.