§ 848. Apportionment of funds. 1. For activities included in section
eight hundred forty of this article the department may retain no more
than thirty-six percent of the funds allocated to the state pursuant to
this article.

2. (a) The governor shall reserve an additional ten percent of the
funds allocated to the state pursuant to this article to be allocated
among substate grantees as follows: (i) Each substate grantee which does
not receive fifty thousand dollars from the allocation provided pursuant
to subdivision three of this section shall be allocated from the funds
provided pursuant to this subdivision, the difference between fifty
thousand dollars and the amount provided pursuant to subdivision three
of this section. (ii) The remainder of the allocation made available
pursuant to this subdivision shall be made available to grantees on the
basis of need defined as demand for retraining and basic readjustment
services which exceeds the resources available in the approved substate
plan when such demand is not the result of a plant closing as defined in
subdivision ten of section eight hundred thirty-five of this article or
a substantial layoff as defined in subdivision sixteen of section eight
hundred thirty-five of this article.

(b) Each substate grantee with a demand for services which exceeds
those otherwise available under the substate plan shall be eligible for
funds according to the following criteria:

(i) the substate grantee must demonstrate its need through a plan
modification which includes the amount of additional funding requested,
number of dislocated workers or additional dislocated workers to be
served, type of services to be provided, and a description of the change
in economic conditions which led to the plan modification;

(ii) requests for additional funding which would provide added
retraining services shall be considered before funds are released for
added basic readjustment services;

(iii) any funds provided to substate grantees pursuant to this
subdivision shall be distributed not later than nine months after the
beginning of the program year for which the allotment was made; and

(iv) any funds undistributed at the end of the program year shall be
included as part of the funding made available for activities under
section eight hundred forty-six of this article in each succeeding
program year and allocated pursuant to subdivision three of this
section.

3. For activities included in section eight hundred forty-six of this
article, substate grantees shall receive any remaining funds allocated
to the state, other than those allocated pursuant to subdivisions one
and two of this section.

Funds shall be distributed to substate grantees according to the
following formula:

(a) Ninety-two percent of available funds shall be allocated on the
basis of the total of the number of unemployed persons collecting
benefits under the unemployment insurance program during the most recent
year for which data are available in a substate area added to the number
of residents who were unemployed for fifteen weeks or longer as
determined by the department using data from the current population
survey provided by the federal bureau of labor statistics, the most
recent census, local area unemployment statistics program and other most
recent reliable data measuring such population in a substate area
divided by the total number of such unemployed persons in all substate
areas;

(b) Two percent of available funds shall be allocated on the basis of
the number of unemployed persons residing in areas which have an average
unemployment rate of at least six and one-half percent for the most
recent twelve months as determined by the department using data from the
local area unemployment statistics program in each substate area divided
by the total number of unemployed persons in areas of substantial
unemployment in all substate areas;

(c) Two percent on the basis of the number of unemployment insurance
beneficiaries with no anticipated recall date identified for the most
recent twenty-four month period under the permanent mass layoff and
plant closing statistical series established by the department for a
substate area divided by the total number of such beneficiaries in all
substate areas;

(d) Two percent on the basis of the number of jobs lost during the
most recent five-year period in industries that have declined as
determined by employment reports of employers as filed with the
department under the unemployment insurance program in each substate
area divided by the total number of jobs lost in all substate areas; and

(e) Two percent on the basis of the total number of farms with a
debt/asset ratio of forty percent or more for the most recent year in a
substate area divided by the number of such farms in all substate areas.

4. After March thirty-first of each program year for which funds are
available for the purposes provided in this article, the department is
authorized to reapportion any amount of an allocation otherwise due to a
grantee, the state dislocated worker unit, the state education
department, or any other provider if the department determines that it
cannot obligate such amount for programs pursuant to this article. Such
reapportionment will be redistributed in a manner consistent with the
state plan and applicable federal law and regulations.