Bill Text: NY A10225 | 2023-2024 | General Assembly | Introduced


Bill Title: Enacts the good jobs guarantee program to provide workforce training and opportunities for employment for residents of New York state to secure high paying jobs through the acquisition of job skills.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced) 2024-05-14 - referred to economic development [A10225 Detail]

Download: New_York-2023-A10225-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10225

                   IN ASSEMBLY

                                      May 14, 2024
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Rozic) --
          read once and referred to the Committee on Economic Development

        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:

     1    Section  1.  The  economic  development law is amended by adding a new
     2  article 28 to read as follows:

     3                                 ARTICLE 28
     4                         GOOD JOBS GUARANTEE PROGRAM

     5  Section 500. Short title.
     6          501. Legislative findings.
     7          502. Good jobs guarantee program.
     8          503. Definitions.
     9          504. Program administration.
    10    § 500. Short title. This article shall be known and may  be  cited  as
    11  the "good jobs guarantee program act".
    12    § 501. Legislative findings. For many New Yorkers, there are few path-
    13  ways to good jobs, and economic mobility is no longer attainable. Tradi-
    14  tional  paths  are failing, and the system is broken. Over 76% of Ameri-
    15  cans, which equates to 218+ million adults, do not have college  degrees
    16  even  though  most  high-paying  jobs require one. At the same time, the
    17  United States is burdened by a $1.7 trillion student loan crisis because
    18  college financing has decoupled from outcomes. The system is  especially
    19  stacked  against low-income individuals and people of color. In New York
    20  State, this problem persists: 60% of adults lack  a  4-year  degree  and
    21  degree holders owe $90 billion in loans. College is not the only path to
    22  a  good  job  -  alternatives  for workforce training exist. While these
    23  models have high potential, limited funding and frameworks prevent  them
    24  from confronting this challenge and new models are needed to address the
    25  scale.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15190-06-4

        A. 10225                            2

     1    Accordingly,  the  Good  Jobs  Guarantee Program Act would establish a
     2  program within the Empire State Development  Corporation  to  facilitate
     3  the  implementation  of  workforce  training  for low-income New Yorkers
     4  through a public-private partnership capped equity financing  framework.
     5  Core  to the Good Jobs Guarantee program is ensuring that low-income New
     6  Yorkers seeking economic opportunity are significantly better  off  upon
     7  completing  workforce  training  than  they were before. Individuals who
     8  participate in training programs under the Good Jobs Guarantee will  not
     9  be  charged  any  tuition or upfront costs; they will only incur payment
    10  obligations if the program actually succeeds in securing them employment
    11  at  high,  family-sustaining  wages.  The  bill  also  contains  several
    12  protections  to  ensure that participants can receive workforce training
    13  for good paying jobs without being saddled by unduly burdensome debt. If
    14  at any time after their training a participant is unable to  maintain  a
    15  good  job  for  any  reason,  the participant's payment obligations will
    16  cease. This program shifts the burden away from the job seeker and  onto
    17  approved  workforce  training  providers to achieve success. By bringing
    18  this outcome-based financing model to scale, this bill aims  to  revolu-
    19  tionize  workforce  training in New York and guarantee good jobs to low-
    20  income New Yorkers.
    21    § 502. Good jobs guarantee program. There is hereby established a good
    22  jobs guarantee program to provide workforce  training  through  approved
    23  providers  to  enable  participants to secure higher paying, sustainable
    24  jobs with skills gained through the program.
    25    § 503. Definitions. As used in this article, the following terms shall
    26  have the following meanings:
    27    1. "Approved provider" means an entity that is approved by the commis-
    28  sioner to provide workforce training to eligible participants to  enable
    29  such individuals to secure post-training employment at an annual minimum
    30  salary of fifty thousand dollars;
    31    2.  "Eligible  participant"  means an individual who applies for work-
    32  force training offered through approved providers pursuant to this arti-
    33  cle who, at the time of application:
    34    (a) has a gross annual income of less than forty-five thousand dollars
    35  per year; and
    36    (b) is either (i) receiving assistance pursuant to section ninety-five
    37  or one hundred fifty-eight of the social services law, or (ii) does  not
    38  possess a college degree.
    39    3.  "Program  administrator"  shall  mean  an  individual  or business
    40  selected by the commissioner through competitive process to oversee  the
    41  good jobs guarantee program and guarantor fund. Such program administra-
    42  tor shall have demonstrated experience in the following areas: (a) rais-
    43  ing capital from institutional investors and philanthropic organizations
    44  with  focus  on  workforce development goals for low income individuals,
    45  (b) implementing financial models to leverage  private  investment  with
    46  focus  on  workforce  development  goals for low income individuals, (c)
    47  providing training with focus on workforce  development  goals  for  low
    48  income individuals, and (d) any other criteria set by the commissioner.
    49    § 504. Program  administration.  1.  (a) The program administrator may
    50  deploy capital to approved providers for workforce training of  eligible
    51  participants in accordance with the provisions of this article.
    52    (b)  Approved providers may be in any employment field, subject to the
    53  discretion of the program administrator.
    54    (c) The program administrator shall  deploy  capital  to  an  approved
    55  provider  for workforce training subject to the provisions of this arti-

        A. 10225                            3

     1  cle and any other requirement as the commissioner shall  deem  necessary
     2  and advisable.
     3    (d)  An  approved provider shall secure post-training employment for a
     4  participant who completes a workforce training program.
     5    (e) An approved provider shall not consider the credit  worthiness  of
     6  any  applicant  in  determining  eligibility  for  participation  in the
     7  program.
     8    2. (a) The approved provider shall enter into contracts with  eligible
     9  participants  which  shall  stipulate that participants shall only incur
    10  payment obligations for the costs of a training program  based  on  such
    11  participant's  monthly salary following completion of a workforce train-
    12  ing program and subsequently securing employment with an  annual  salary
    13  in excess of fifty thousand dollars.
    14    (b) For purposes of this subdivision "annual salary" shall not include
    15  a  spouse's  income,  retirement pensions and annuities, social security
    16  benefits, sources of state and federal aid including,  but  not  limited
    17  to,  unemployment  programs, disaster relief programs, Medicare or Medi-
    18  caid benefits, economic impact  payments,  earned  income  tax  credits,
    19  child  tax  credits,  other  income  excluded  as taxable by the federal
    20  internal revenue service, passive income not related  to  the  full-time
    21  employment, and any other sources as determined by the commissioner.
    22    (c)  Eligible  participants  shall  not  be required to pay tuition or
    23  other upfront payments in exchange for receiving training under the good
    24  jobs guarantee program, except as otherwise provided in this section.
    25    3. (a) Payment obligations, pursuant to contracts entered  into  under
    26  the  program,  shall be made to the approved provider on a monthly basis
    27  at a variable percentage of an eligible participant's  salary,  but  the
    28  variable  percentage  shall  not  exceed  twenty percent of the eligible
    29  participant's total annual salary.
    30    (b) The maximum repayment period shall not exceed eight years from the
    31  start of training, and contracts between approved providers and eligible
    32  participants shall stipulate a total payment obligation amount.
    33    (c) The program administrator shall establish an allowance  for  hard-
    34  ship  exceptions  totaling  a minimum of three months of late or excused
    35  payments. Any fees established for late payments shall not  exceed  five
    36  percent of the monthly payment obligation amount.
    37    (d) No interest shall accrue on any obligations due.
    38    (e)  Payment  obligations  shall not be structured as an outcome-based
    39  financing loan to participants in the program.
    40    (f) There shall be no restrictions on the type or field of  employment
    41  a  participant  may  accept following completion of a workforce training
    42  program under this article.
    43    § 2. Section 1 of chapter 174 of the laws of  1968,  constituting  the
    44  New York state urban development corporation act, is amended by adding a
    45  new section 60 to read as follows:
    46    § 60. New York state good jobs program guarantor fund. 1. Definitions.
    47  (a)  For  the purposes of this section the terms "approved provider" and
    48  "program administrator" shall have the meanings set forth in article  28
    49  of the economic development law.
    50    (b)  "Guarantor  fund"  shall mean a fund totaling one hundred million
    51  dollars for the purpose of a credit enhancement to attract investment in
    52  private markets managed by the program administrator under the good jobs
    53  guarantee program.   The guarantor fund shall not  be  used  for  direct
    54  investment to approved providers.
    55    (c)  "Commissioner"  shall  mean the commissioner of economic develop-
    56  ment.

        A. 10225                            4

     1    2. Good jobs program guarantor fund. The corporation,  or  its  agent,
     2  shall  establish a good jobs program guarantor fund to provide a minimum
     3  loss reserve to act as a credit enhancement  for  funds  raised  by  the
     4  program  administrator  to  assist approved providers offering workforce
     5  training  pursuant  to  article  28  of  the  economic  development law.
     6  Further, the corporation shall provide approval for the disbursements of
     7  the good jobs program  guarantor  fund  by  the  program  administrator.
     8  Disbursements  from  the  fund shall only be made if the terms of a good
     9  jobs guarantee program contract as agreed to by such program administra-
    10  tor and an approved provider cannot be met and shall be subject  to  the
    11  approval of the commissioner.
    12    3.  Administration  of  the  good jobs program guarantor fund. (a) The
    13  corporation is hereby authorized to:
    14    (i) enter into a contract with a program administrator to  act  as  an
    15  agent  of the corporation with respect to the administration of the good
    16  jobs guarantee program and guarantor fund, provided that the corporation
    17  shall provide approval for disbursements of the guarantor fund;
    18    (ii) conduct an annual review and assessment  of  the  performance  of
    19  such  program  administrator  in  its capacity as an agent of the corpo-
    20  ration, to determine whether  the  contract  for  the  services  of  the
    21  program  administrator  should be renewed. Such review shall be based on
    22  whether such program administrator has satisfactorily met the terms  and
    23  conditions of such contract;
    24    (iii) allow such program administrator the opportunity to make correc-
    25  tive  action  where  an  initial  determination  has been made that such
    26  program administrator's performance is unsatisfactory; and
    27    (iv) submit to the speaker of the assembly and the temporary president
    28  of  the  senate  the  corporation's  recommendation  to  terminate  such
    29  contract  with  the  program  administrator  upon a final review of such
    30  program administrator's performance and  conclusion  that  such  program
    31  administrator's  performance  is  unsatisfactory.  The corporation shall
    32  begin a competitive bid process to select a  new  program  administrator
    33  upon the termination of such contract.
    34    (b)  Any  contract  entered into pursuant to subparagraph (i) of para-
    35  graph (a) of this subdivision shall:
    36    (i) be for a period of ten years and shall be  renewed  for  an  addi-
    37  tional ten-year period subject to the provisions of subparagraph (ii) of
    38  paragraph (a) of this subdivision; and
    39    (ii)  provide  for compensation of expenses in accordance with reason-
    40  able  market  standards  incurred  by  the  program   administrator   in
    41  connection  with such services provided by the program administrator and
    42  for such other services as the corporation may deem necessary including,
    43  but not limited to, the use of premises, personnel, technical assistance
    44  and personal property of such program administrator.
    45    4. Duties of the  program  administrator.  The  program  administrator
    46  shall:
    47    (a)  structure  and  raise  capital  from  private, philanthropic, and
    48  public investors using the guarantor fund as a credit enhancement.  Such
    49  capital  raised  shall  be  used  to support workforce training provided
    50  under the good jobs guarantee program;
    51    (b) enter into contracts with approved  providers  to  deploy  capital
    52  raised  to  approved  providers  to support workforce training under the
    53  good jobs guarantee program pursuant  to  article  28  of  the  economic
    54  development law and manage the investment returns; and
    55    (c) perform any other duties as deemed necessary by the commissioner.

        A. 10225                            5

     1    5.  Rules  and  regulations.  The  commissioner may adopt any rules or
     2  regulations necessary to effectuate the purposes of this section.
     3    §  3.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law. Effective immediately, the addition, amendment and/or
     5  repeal of any rule or regulation necessary  for  the  implementation  of
     6  this  act  on its effective date are authorized to be made and completed
     7  on or before such effective date.
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