§ 848 — Apportionment of funds

New York § 848

• Jurisdiction: New York
• Law LAB: Labor
• Art. 24: Worker Adjustment Act

Text

§ 848. Apportionment of funds. 1. For activities included in section\neight hundred forty of this article the department may retain no more\nthan thirty-six percent of the funds allocated to the state pursuant to\nthis article.\n 2. (a) The governor shall reserve an additional ten percent of the\nfunds allocated to the state pursuant to this article to be allocated\namong substate grantees as follows: (i) Each substate grantee which does\nnot receive fifty thousand dollars from the allocation provided pursuant\nto subdivision three of this section shall be allocated from the funds\nprovided pursuant to this subdivision, the difference between fifty\nthousand dollars and the amount provided pursuant to subdivision three\nof this section. (ii) The remainder of the allocation made available\npursuant to this subdivision shall be made available to grantees on the\nbasis of need defined as demand for retraining and basic readjustment\nservices which exceeds the resources available in the approved substate\nplan when such demand is not the result of a plant closing as defined in\nsubdivision ten of section eight hundred thirty-five of this article or\na substantial layoff as defined in subdivision sixteen of section eight\nhundred thirty-five of this article.\n (b) Each substate grantee with a demand for services which exceeds\nthose otherwise available under the substate plan shall be eligible for\nfunds according to the following criteria:\n (i) the substate grantee must demonstrate its need through a plan\nmodification which includes the amount of additional funding requested,\nnumber of dislocated workers or additional dislocated workers to be\nserved, type of services to be provided, and a description of the change\nin economic conditions which led to the plan modification;\n (ii) requests for additional funding which would provide added\nretraining services shall be considered before funds are released for\nadded basic readjustment services;\n (iii) any funds provided to substate grantees pursuant to this\nsubdivision shall be distributed not later than nine months after the\nbeginning of the program year for which the allotment was made; and\n (iv) any funds undistributed at the end of the program year shall be\nincluded as part of the funding made available for activities under\nsection eight hundred forty-six of this article in each succeeding\nprogram year and allocated pursuant to subdivision three of this\nsection.\n 3. For activities included in section eight hundred forty-six of this\narticle, substate grantees shall receive any remaining funds allocated\nto the state, other than those allocated pursuant to subdivisions one\nand two of this section.\n Funds shall be distributed to substate grantees according to the\nfollowing formula:\n (a) Ninety-two percent of available funds shall be allocated on the\nbasis of the total of the number of unemployed persons collecting\nbenefits under the unemployment insurance program during the most recent\nyear for which data are available in a substate area added to the number\nof residents who were unemployed for fifteen weeks or longer as\ndetermined by the department using data from the current population\nsurvey provided by the federal bureau of labor statistics, the most\nrecent census, local area unemployment statistics program and other most\nrecent reliable data measuring such population in a substate area\ndivided by the total number of such unemployed persons in all substate\nareas;\n (b) Two percent of available funds shall be allocated on the basis of\nthe number of unemployed persons residing in areas which have an average\nunemployment rate of at least six and one-half percent for the most\nrecent twelve months as determined by the department using data from the\nlocal area unemployment statistics program in each substate area divided\nby the total number of unemployed persons in areas of substantial\nunemployment in all substate areas;\n (c) Two percent on the basis of the number of unemployment insurance\nbeneficiaries with no anticipated recall date identified for the most\nrecent twenty-four month period under the permanent mass layoff and\nplant closing statistical series established by the department for a\nsubstate area divided by the total number of such beneficiaries in all\nsubstate areas;\n (d) Two percent on the basis of the number of jobs lost during the\nmost recent five-year period in industries that have declined as\ndetermined by employment reports of employers as filed with the\ndepartment under the unemployment insurance program in each substate\narea divided by the total number of jobs lost in all substate areas; and\n (e) Two percent on the basis of the total number of farms with a\ndebt/asset ratio of forty percent or more for the most recent year in a\nsubstate area divided by the number of such farms in all substate areas.\n 4. After March thirty-first of each program year for which funds are\navailable for the purposes provided in this article, the department is\nauthorized to reapportion any amount of an allocation otherwise due to a\ngrantee, the state dislocated worker unit, the state education\ndepartment, or any other provider if the department determines that it\ncannot obligate such amount for programs pursuant to this article. Such\nreapportionment will be redistributed in a manner consistent with the\nstate plan and applicable federal law and regulations.\n