Establishes centers of workforce achievement to advance the creation of public/private partnerships between the state university of New York's community colleges and private businesses.
TITLE OF BILL: An act to amend the economic development law, in relation to establishing centers of workforce achievement
PURPOSE: This bill establishes Centers of Workforce Achievement Programs, public/private partnerships between SUNY community colleges and private businesses.
SUMMARY OF PROVISIONS:
Section 1 states the legislative intent of this bill, which is to advance the creation of public/private partnerships between SUNY community colleges and private businesses by instituting the designation of Centers of Workforce Achievement, and the creation of a funding stream to support the creation and development of these centers of workforce development and training.
Section 2 adds a new article 19-A to the economic development law, establishing the Centers of Workforce Achievement.
Section 415 of Article 19-A outlines the designation and purpose of these Centers of Workforce Achievement. These centers will be established for the purpose of fostering collaboration between SUNY community colleges and the private business sector to develop a skilled workforce that meets the needs of the regional and local community. The Centers will be overseen by the SUNY Board of Trustees and staffed by representatives including SUN? faculty and management and will function similar to Centers of Excellence; funding for these centers is predicated upon the formation of a Center of Workforce Achievement program and financing plan that is designed to meet the needs of the workforce in the region and outlines anticipated workforce development benefits. Partnerships entered into by community colleges with private businesses will ensure that once the workers are trained, a job is available for each student.
JUSTIFICATION: One of the most pressing challenges facing New York state is the need to educate and train its workforce to meet the demands of a new and changing economic landscape, Many community colleges throughout the state have been forming public/private partnerships with local manufacturing and technology businesses in order to address the gap between what jobs are available and the skills possessed by the local workforce. It is estimated that up to 80% of community college graduates remain in the area, and as technologies and industries evolve, our education system must also evolve to create a workforce that is equipped with the skills to perform these new jobs.
Centers of Workforce Achievement will advance the creation of these highly productive partnerships. and ensure a high degree of collaboration between educational systems and workforce investment boards, industrial development agencies and private businesses. These Centers will create an intense focus on the regional needs of existing NY businesses and, by training workers to fit these needs, will also keep jobs in New York state while putting people back to work.
LEGISLATIVE HISTORY: 2012: S.7669 Referred to Rules
FISCAL IMPLICATIONS: Funding for this program will be subject to legislative approval and, as such, there is no immediate fiscal impact.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 539--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. KENNEDY, DILAN, GIPSON, GRISANTI, HASSELL-THOMPSON, MONTGOMERY, PERKINS, SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business -- reported favorably from said commit- tee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the economic development law, in relation to establish- ing centers of workforce achievement THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The purpose of this act is to advance the creation of public/private partnerships between the state university of New York's community colleges and private businesses by instituting the designation of centers of workforce achievement; the creation of a designation of center of workforce achievement; the creation of a fund- ing stream to support the creation and development of these centers of workforce development and training. The designation as a center of work- force achievement will allow community colleges to form collaborative partnerships with regional workforce investment boards, industrial development agencies, and private businesses to accurately assess the gap between middle skill and high skills training and the jobs that are available in each region. Many community colleges are already engaging in public/private partnerships with local businesses. It is estimated that up to eighty percent of community college graduates remain in the area and as technologies and industries evolve, our education system must also evolve to create a workforce that is equipped with the skills to perform these new jobs. S 2. The economic development law is amended by adding a new article 19-A to read as follows:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03048-02-3 S. 539--A 2
ARTICLE 19-A CENTERS OF WORKFORCE ACHIEVEMENT PROGRAM SECTION 415. CENTERS OF WORKFORCE ACHIEVEMENT PROGRAM. S 415. CENTERS OF WORKFORCE ACHIEVEMENT PROGRAM. THE CENTERS OF WORK- FORCE ACHIEVEMENT PROGRAM IS HEREBY ESTABLISHED FOR THE PURPOSE OF FOSTERING COLLABORATION BETWEEN THE STATE UNIVERSITY OF NEW YORK'S COMMUNITY COLLEGES AND THE PRIVATE BUSINESS SECTOR TO DEVELOP A SKILLED WORKFORCE THAT MEETS THE NEEDS OF THE LOCAL AND REGIONAL COMMUNITY. 1. SUCH CENTERS SHALL BE DESIGNATED TO OPERATE PURSUANT TO THIS ACT IN AREAS IDENTIFIED BY THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES AND THE DEPARTMENT AND AS HAVING SIGNIFICANT POTENTIAL FOR ECONOMIC GROWTH AND JOB CREATION IN NEW YORK. 2. (A) AS A CONDITION OF RECEIPT OF SUPPORT AUTHORIZED PURSUANT TO THIS SECTION, EACH STATE UNIVERSITY OF NEW YORK COMMUNITY COLLEGE PARTICIPATING IN THE CENTERS OF WORKFORCE ACHIEVEMENT PROGRAM SHALL ANNUALLY SUBMIT TO THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES AND THE DEPARTMENT A PLAN AND CURRICULUM PURSUANT TO SUBDIVISION FOUR OF THIS SECTION WHICH IDENTIFIES THE LOCAL AND REGIONAL BUSINESS NEEDS AS THEY PERTAIN TO WORKFORCE DEVELOPMENT AND TRAINING AND HOW THE COMMUNITY COLLEGE IS WORKING TO RECRUIT AND TRAIN STUDENTS TO FULFILL SUCH NEEDS. (B) NO AWARD OR DISBURSEMENT OF FUNDS PURSUANT TO THE CENTER OF WORK- FORCE ACHIEVEMENT PROGRAM SHALL BE MADE UNTIL: (I) APPLICANT COLLEGES, IN CONSULTATION WITH STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES AND THE DEPARTMENT, HAVE PREPARED A CENTER OF WORKFORCE ACHIEVEMENT PROGRAM AND FINANCING PLAN FOR EACH CENTER OF WORKFORCE ACHIEVEMENT WHICH SHALL SPECIFY: (1) THE PURPOSES AND PLANS FOR ANY FACILITIES, EQUIPMENT, AND FEATURES TO BE INCLUDED IN SUCH PROGRAM; (2) A DESCRIPTION OF THE CONSORTIUM OF INSTITUTIONS/ORGANIZATIONS INVOLVED, THEIR RESPONSIBILITIES AND CONTRIBUTIONS, AND THE STRUCTURE AND GOVER- NANCE OF THE COLLABORATION, PROVIDED THAT SUCH CONSORTIUM'S GOVERNANCE STRUCTURE SHALL INCLUDE FACULTY MEMBERS AND MANAGEMENT REPRESENTING THE INVOLVED ACADEMIC INSTITUTIONS, BUSINESS PARTNERS, AND REPRESENTATIVES OF THE LOCAL BUSINESS COMMUNITY; (3) EVIDENCE OF THE LEVEL OF NON-STATE FINANCING COMMITTED TO THE PROGRAM BY SUCH COLLABORATING PARTIES; (4) EFFORTS TO OBTAIN AND ADMINISTER CORPORATE, FEDERAL AND/OR FOUNDATION SUPPORT; (5) EVIDENCE THAT STATE FUNDING PROVIDED PURSUANT TO THIS ACT REPRESENT NO MORE THAN TWENTY-FIVE PERCENT OF THE TOTAL PROJECT COSTS AS THEN ESTIMATED BY THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES. PROVIDED THAT, IN ESTIMATING SUCH PERCENTAGE, THE CORPORATION SHALL CONSIDER MATCHING FUNDS FROM THE PROJECT SPONSOR OR OTHER SOURCES IN THE FORM OF ALLOCATED FUNDS (CASH); IN-KIND PERSONNEL, EQUIPMENT OR MATERIAL DONATIONS; FEDERAL FUNDS REASONABLY ANTICIPATED TO BE RECEIVED BY THE PROJECT SPONSORS; SIGNIFICANT FINANCIAL CONTRIBUTIONS TO THE PROJECT SPONSOR; PRORATED OPERATIONAL COSTS; OR COMBINATIONS OF THESE FORMS. IN THE EVENT THAT A PROJECT SPONSOR REQUESTS FUNDING IN EXCESS OF SUCH TWENTY-FIVE PERCENT LIMIT, UPON THE RECOMMENDATION OF THE STATE UNIVER- SITY OF NEW YORK'S BOARD OF TRUSTEES THE DIRECTOR OF THE DIVISION OF THE BUDGET MAY AUTHORIZE THE PROVISION OF CENTER OF WORKFORCE ACHIEVEMENT FUNDING PURSUANT TO THE AUTHORITY ESTABLISHED IN THIS SECTION OR DIRECT- LY APPROPRIATED BY THE STATE IN EXCESS OF TWENTY-FIVE PERCENT OF TOTAL PROJECT COSTS; (6) A DETAILED FINANCIAL PLAN AND TIME LINE FOR THE PROPOSED PROJECT INCLUDING TOTAL PROJECT COST, SOURCES AND USES OF FUNDS, AND OPERATING BUDGETS; (7) AN APPROPRIATE PLAN FOR THE DEVELOP- MENT, STAFFING, OPERATION, AND CONTINUING USE AND DEVELOPMENT OF THE PROGRAM WHICH SHALL BE PURSUANT TO SECTION THREE OF THE CHAPTER OF THES. 539--A 3
LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS SECTION; (8) THE ANTIC- IPATED WORKFORCE DEVELOPMENT BENEFITS; AND (9) SUCH OTHER INFORMATION AS THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES SHALL REQUIRE. (C) ONCE THE CERTIFIED PROGRAM AND FINANCING PLAN HAS BEEN APPROVED BY THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK THE FINANCING PLAN SHALL BE SUBMITTED TO THE DIRECTOR OF THE DIVISION OF BUDGET AND COPIES OF SUCH PLAN SHALL BE FILED WITH THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE. (1) ANY AMENDMENT TO A CENTER OF WORKFORCE ACHIEVEMENT PROGRAM AND FINANCING PLAN MUST BE REVIEWED, APPROVED AND CERTIFIED BY THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK AND SUBMITTED TO THE DIRECTOR OF THE DIVISION OF THE BUDGET PRIOR TO ADOPTION PURSUANT TO THE REQUIREMENTS OF THIS SECTION; AND, UPON ADOPTION, FILED WITH THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE ASSEM- BLY WAYS AND MEANS COMMITTEE. (2) NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, NO MORE THAN THREE AND ONE-HALF OF ONE PERCENT OF ANY GRANT ISSUED UNDER THE CENTERS OF WORKFORCE ACHIEVEMENT PROGRAM MAY BE ALLOCATED TO ANY PUBLIC OR ACADEMIC INSTITUTION FOR PURPOSES TO INCLUDE, BUT NOT BE LIMITED TO, ANY DIRECT OR INDIRECT COSTS OF ADMINISTERING THE PROGRAM IN SUCH INSTITUTION NOT CONTAINED IN THE APPLICATION REQUESTING SUCH FUNDS, PROVIDED HOWEVER THAT NO MONIES GRANTED UNDER THE CENTERS OF ACHIEVEMENT PROGRAM MAY BE USED TO SUPPLANT ANY DIRECT OR INDIRECT COSTS OF SUCH INSTITUTION. 3. (A) FROM SUCH FUNDS AS MAY BE APPROPRIATED FOR THIS PURPOSE BY THE LEGISLATURE, THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES MAY PROVIDE FINANCIAL SUPPORT, THROUGH CONTRACTS OR OTHER MEANS, IN ORDER TO ENHANCE AND ACCELERATE CENTER OPERATIONS IN JOINT COLLEGE/INDUSTRY WORK- FORCE TRAINING. FUNDS RECEIVED PURSUANT TO THIS SECTION MAY BE USED FOR THE EMPLOYMENT OF FACULTY AND STAFF WHICH SHALL BE PURSUANT TO SECTION THREE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS SECTION, PROVISION OF GRADUATE FELLOWSHIPS, OR OTHER OPERATING EXPENSES THAT ARE ALIGNED WITH THE CENTER'S STRATEGY AND APPROVED BY THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES. (B) FUNDS SHALL BE MATCHED ON A ONE TO ONE BASIS BY THE INSTITUTION RECEIVING THE FUNDS AND COLLABORATIVE PARTNERS IN THE FORM OF CASH OR IN-KIND PERSONNEL, EQUIPMENT, MATERIAL DONATIONS, AND OTHER FACILITY AND OPERATIONS EXPENDITURES. 4. (A) EACH PARTICIPATING COMMUNITY COLLEGE SHALL HAVE FACULTY DEVELOP A CURRICULUM TO SUIT THE NEEDS OF LOCAL AND REGIONAL BUSINESSES AS IDEN- TIFIED IN THEIR PLAN PURSUANT TO SUBDIVISION TWO OF THIS SECTION AND WORK TO RECRUIT STUDENTS TO EDUCATE THEM AND TURN THEM INTO A SKILLED WORKFORCE THAT MEETS THE NEEDS OF THE LOCAL BUSINESS SECTOR. (B) PARTICIPATING COMMUNITY COLLEGES SHALL ENTER INTO PARTNERSHIPS WITH SELECTED PRIVATE BUSINESSES TO ENSURE THAT ONCE THE WORKERS ARE TRAINED, A JOB WILL BE AVAILABLE FOR THEM. SUCH PROCESS MAY BE FACILI- TATED THROUGH INTERNSHIP PROGRAMS WHICH ALLOW STUDENTS TO WORK IN SELECTED BUSINESS FOR CREDIT HOURS AT THE COMMUNITY COLLEGE OR OTHER MEANS AS THE COLLEGE SHALL DEEM APPROPRIATE. SUCH CURRICULUM SHALL BE SPECIALIZED WITH THE GOAL OF MEETING THE REGIONAL DEMANDS OF BUSINESS ENTITIES. 5. (A) THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES SHALL, ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND SIXTEEN AND EVERY YEAR THEREAFT- ER, SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY A REPORT ON THE OPERATIONS AND ACCOMPLISH- MENTS OF THE CENTERS OF WORKFORCE ACHIEVEMENT.S. 539--A 4
(B) THE ANNUAL REPORT SHALL PROVIDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION FOR EACH CALENDAR YEAR: (I) THE PURPOSES FOR WHICH CENTER FACILITIES, EQUIPMENT, AND PERSONNEL WERE UTILIZED; (II) A DETAILED OPERATING BUDGET, INCLUDING THE AMOUNT OF STATE FUNDS RECEIVED, AS WELL AS IDENTIFICATION OF EACH SOURCE OF FEDERAL, STATE, LOCAL OR PRIVATE FUNDS, INCLUDING IN-KIND CONTRIBUTIONS; (III) AN ACCOUNTING OF CAPITAL EXPENDITURES, IDENTIFYING THE AMOUNT OF STATE FUNDS UTILIZED, AS WELL AS EACH SOURCE OF FEDERAL, STATE, LOCAL, OR PRIVATE FUNDS, INCLUDING IN-KIND CONTRIBUTIONS; (IV) A DESCRIPTION OF THE GOVERNANCE STRUCTURE OF THE CENTER INCLUDING THE RESPECTIVE ROLES OF COLLABORATING PARTNERS; (V) THE ECONOMIC IMPACT OF THE ACTIVITIES UNDERTAKEN WITH STATE FUNDS, INCLUDING SUCH FACTORS AS JOBS CREATED AND MAINTAINED; AND OTHER TANGI- BLE EVIDENCE OF RECOGNITION; AND THE METHODOLOGY UTILIZED TO DETERMINE SUCH IMPACT. 6. THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES SHALL, ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND SIXTEEN AND EVERY YEAR THEREAFTER, SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY AN OVERALL STRATEGIC PLAN FOR THE CENTERS OF ACHIEVEMENT PROGRAM. (A) THE PLAN SHALL INCLUDE THE BROAD FOCUS AND MISSION OF THE CENTER AND THE STRATEGIES USED TO DETERMINE THAT FOCUS INCLUDING BUT NOT LIMIT- ED TO COLLABORATION WITH LOCAL AND REGIONAL ECONOMIC DEVELOPMENT ENTI- TIES TO DETERMINE CURRENT WORKFORCE NEEDS. (B) SUCH PLAN SHALL ALSO INCLUDE THE METRICS THAT WILL BE USED TO DETERMINE WHETHER AND TO WHAT DEGREE EACH CENTER IS MAINTAINING ITS FOCUS AND FULFILLING ITS MISSION. (C) THE PLAN SHALL BE ASSESSED BY THE GOVERNING BOARD OF THE CENTER AND REVISED ANNUALLY AS APPROPRIATE. ANY REVISIONS SHALL BE SUBMITTED TO STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES FOR APPROVAL. 7. THE STATE UNIVERSITY OF NEW YORK'S BOARD OF TRUSTEES SHALL REGULATE THIS PROGRAM, AND DESIGNATION WILL BE SUBJECT TO LEGISLATIVE APPROVAL. S 3. Notwithstanding any law, rule or regulation to the contrary, the state university of New York or any state university of New York commu- nity college or local sponsor of any state university of New York commu- nity college shall not contract out to any for profit corporation, not- for-profit corporation, university campus foundation, research foundation, alumni foundation, limited liability corporation or any other affiliated corporation of the state university of New York or any entity organized by the chancellor or by any other administrative offi- cial of the state university of New York or any other entity for instruction or for any pedagogical functions or services in any center of workforce achievement program. Provided further, any administrative services and professional services currently being performed by public employees in a state university of New York community college or such services that are similar in scope and nature as those services provided in any center of workforce achievement program shall continue to be provided by public employees in a center of workforce achievement program. All employees of any center of workforce achievement program shall be public employees and all their rights and benefits shall be afforded pursuant to article 14 of the civil service law. Provided further, nothing in this act shall result in the displacement of any currently employed worker of a state university of New York community college or the loss of position, (including partial displacement such as reduction in the hours of non-overtime, wages or employment benefits) orS. 539--A 5
result in the impairment of existing contracts for services or collec- tive bargaining rights pursuant to existing agreements. No services or work currently performed by public employees shall be privatized by the state university of New York or state university of New York community college or local sponsor of any state university of New York community college or by any other entity and provided further, no services or work of any future positions or titles established or created directly or indirectly as a result of this act shall be provided by any other employees or any other entity affiliated or associated with the state university of New York pursuant to this act. S 4. This act shall take effect immediately.