N.Y. Labor Law § 848: Apportionment of funds

§ 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.