STATE OF NEW YORK
________________________________________________________________________
9418--A
IN ASSEMBLY
March 7, 2022
___________
Introduced by M. of A. CRUZ, FERNANDEZ, GONZALEZ-ROJAS, HEVESI, REYES,
QUART -- read once and referred to the Committee on Health -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the public health law and the state finance law, in
relation to enacting the Lorena Borjas transgender and gender non-bi-
nary (TGNB) wellness and equity fund
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Lorena Borjas transgender and gender non-binary (TGNB) wellness and
3 equity fund act".
4 § 2. Title 2-F of article 2 of the public health law is amended by
5 adding a new section 244 to read as follows:
6 § 244. Transgender and gender non-binary (TGNB) wellness and equity
7 program. 1. As used in this section, the following terms shall have the
8 following meanings:
9 (a) "Gender expansive" shall mean a transgender, gender non-binary,
10 gender non-conforming or intersex individuals, having a gender identity
11 or expression that is different from the sex assigned to such individual
12 at birth.
13 (b) "Intersex" shall mean a biological variation in which an individ-
14 ual is born with a reproductive or sexual anatomy that does not fit the
15 typical definitions of female or male.
16 2. The department, through the AIDS institute, shall establish and
17 operate a transgender and gender non-binary (TGNB) wellness and equity
18 program as authorized pursuant to this section. Such program shall be
19 established within sixty days of the effective date of this section.
20 3. The transgender and gender non-binary (TGNB) wellness and equity
21 program shall be designed to:
22 (a) Increase the capacity of grassroots organizations working at the
23 local level and ensure New York state invests in organizations serving
24 gender expansive individuals.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14576-06-2
A. 9418--A 2
1 (b) Increase transgender, gender non-binary and intersex cultural
2 competence by investing in cultural competency programs or curriculums
3 that are designed by, or in consultation with, gender expansive individ-
4 uals.
5 (c) Address inequities in current funding distribution for organiza-
6 tions serving gender expansive individuals, including but not limited to
7 organizations located outside of the city of New York.
8 (d) Enable unemployed gender expansive residents of New York to become
9 gainfully employed taxpayers through job training and job placement
10 services provided by organizations serving gender expansive individuals.
11 (e) Foster new and emerging gender expansive leadership through capac-
12 ity building support.
13 (f) Decrease homelessness and increase access to social services by
14 investing in organizations primarily serving transgender, gender non-bi-
15 nary and intersex individuals and that provide housing solutions dedi-
16 cated to gender expansive individuals.
17 4. Subject to appropriation, moneys in the transgender and gender
18 non-binary (TGNB) wellness and equity program fund, pursuant to section
19 ninety-five-k of the state finance law, may be used for the following
20 purposes:
21 (a) Identifying leading community-based organizations involving and
22 serving gender expansive individuals and providing them with grants to
23 expand their existing work.
24 (b) Providing grants to organizations involving and serving gender
25 expansive individuals to create supportive housing solutions and to
26 identify, assist, and refer transgender, gender non-binary and intersex
27 residents of New York state to supportive housing.
28 (c) Creating or funding existing programs serving gender expansive
29 individuals that primarily coordinate inclusive health care for individ-
30 uals who identify as transgender, gender non-binary, non-conforming or
31 intersex.
32 (d) Providing grants to organizations involving and serving gender
33 expansive individuals to increase the capacity of health care profes-
34 sionals to effectively provide gender affirming care. This includes the
35 creation of educational materials or facilitation of capacity building
36 training.
37 (e) Providing grants for behavioral health services developed by, or
38 in consultation with, gender expansive individuals that offer mental
39 health and substance use services for gender expansive youth, adults,
40 seniors, and families.
41 (f) Providing grants for educational and vocational training programs
42 developed by, or in consultation with, gender expansive individuals to
43 increase the employment status and educational attainment level of
44 gender expansive residents of New York state.
45 (g) Providing funds to improve data collection on gender identity and
46 expression in New York state with a focus on gender expansive residents
47 of New York state and their needs.
48 § 3. The state finance law is amended by adding a new section 95-k to
49 read as follows:
50 § 95-k. Transgender and gender non-binary (TGNB) wellness and equity
51 program fund. 1. There is hereby established in the joint custody of the
52 state comptroller and the commissioner of taxation and finance a fund to
53 be known as the "transgender and gender non-binary (TGNB) wellness and
54 equity program fund".
55 2. Moneys in such fund shall consist of all moneys appropriated for
56 the purposes of such fund and all moneys appropriated, credited or
A. 9418--A 3
1 transferred thereto from any other fund or source pursuant to law. Any
2 interest received by the comptroller on money on deposit in the fund
3 shall be retained in and become part of such fund.
4 § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
5 sion, section or part of this act shall be adjudged by any court of
6 competent jurisdiction to be invalid, such judgment shall not affect,
7 impair, or invalidate the remainder thereof, but shall be confined in
8 its operation to the clause, sentence, paragraph, subdivision, section
9 or part thereof directly involved in the controversy in which such judg-
10 ment shall have been rendered. It is hereby declared to be the intent of
11 the legislature that this act would have been enacted even if such
12 invalid provisions had not been included herein.
13 § 5. This act shall take effect immediately.
