STATE OF NEW YORK ________________________________________________________________________ 3284--A 2021-2022 Regular Sessions IN SENATE January 28, 2021 ___________ Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment and Small Business -- recommitted to the Committee on Commerce, Economic Development and Small Business in accordance with Senate Rule 6, sec. 8 -- 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 the economic development performance review act 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 15 to read as follows: 3 ARTICLE 15 4 ECONOMIC DEVELOPMENT PERFORMANCE REVIEW ACT 5 Section 270. Definition. 6 271. Program implementation. 7 272. Performance review. 8 § 270. Definition. For purposes of this article, "economic development 9 program" shall mean a program that provides services for the purpose of 10 effecting the economic conditions of the state, provides training or 11 employment services, supports an economic development activity by 12 enhancing the skills of the state's workforce, prepares individuals for 13 employment, improves opportunities for individuals to become employed, 14 or promotes the state economy. 15 § 271. Program implementation. 1. On or before September first, in the 16 year after this section became law, each state agency administratively 17 responsible for economic development activities shall prepare a separate 18 plan for each program that such agency administers. Each plan shall 19 include a description of proposed program activities, a description of a 20 mechanism for funding distribution, program objectives, population to be 21 served, institutions eligible to receive funds, and a description of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04682-03-2S. 3284--A 2 1 coordination and linkages between this program and other program activ- 2 ities funded separately. Such plan shall also include a performance 3 review component as part of the implementation of each program which 4 shall describe how the agency will monitor the delivery of services 5 under the program and which shall set forth the measure of effectiveness 6 of the services being provided. 7 2. Program plans shall be submitted to the department, the speaker of 8 the assembly and the temporary president of the senate, for review and 9 comment. 10 3. The provisions of this section shall not exempt any agency from 11 requirements relating to the preparation and submission of program plans 12 pursuant to any other provision of law. 13 § 272. Performance review. 1. The performance review component of 14 each program plan shall, at a minimum, include the following: 15 (a) a statement on legislative history and intent; 16 (b) a statement of program objectives which identifies outcomes 17 attributable to the program, anticipated performance levels, and indica- 18 tors of the effectiveness of the program; 19 (c) defined quantitative measures which will be included as part of 20 the performance review report including, but not limited to, a 21 description of the targeted population, criteria for participant 22 selection, demographics on participants, measures of program activity, 23 inventory of services provided, and budget information on programs and 24 administrative expenditures including, but not limited to, costs per 25 participant. For those programs where an objective is job placement, 26 data shall include information on the occupations which participants 27 enter, the rate of job retention, pre-program wage earnings and post- 28 program wage earnings as well as other appropriate measures which indi- 29 cate the extent to which program activities meet program objectives. 30 Other performance indicators that appropriately describe the effect of 31 the program and data which reflects follow-up activity appropriate to 32 the services provided shall also be included as part of the performance 33 review report; 34 (d) a statement of methodology which will result in a comparison of 35 program outcomes against program objectives; and 36 (e) any additional performance review or information as may be 37 required by law. 38 2. (a) The performance review report for each program shall be submit- 39 ted to the commissioner for review and recommendation. 40 (b) The report shall include, at a minimum, all program data and an 41 analysis which compares performance outcomes against program objectives 42 as specified in the performance review component of the program plan 43 defined herein and shall include a performance review of activity for 44 the completed program year immediately preceding the issuance of the 45 report and an interim performance review of current program year activ- 46 ity if applicable. 47 3. Based on the review conducted pursuant to paragraph (a) of subdivi- 48 sion two of this section, the department shall prepare a unified summary 49 of performance review reports submitted by each agency pursuant to this 50 article for submission to the speaker of the assembly and the temporary 51 president of the senate no later than January thirty-first, two thousand 52 twenty-three and each year thereafter provided, however, that the 53 department shall make available each individual program performance 54 review report submitted pursuant to this article upon request of the 55 legislature. The department shall include in such summary recommenda- 56 tions to the governor and the legislature relating to improved programS. 3284--A 3 1 coordination and service delivery, program improvements or enhancements 2 and necessary statutory changes. 3 4. The provisions of this section shall not exempt any agency from 4 requirements pursuant to any other provision of law. 5 § 2. This act shall take effect immediately.