STATE OF NEW YORK
________________________________________________________________________
10267
IN ASSEMBLY
February 19, 2026
___________
Introduced by M. of A. BRONSON -- (at request of the Department of
Labor) -- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to the New York state work-
force development board
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 852 of the labor law, as added by chapter 624 of
2 the laws of 1999, and subdivision 1 as amended by chapter 355 of the
3 laws of 2008, is amended to read as follows:
4 § 852. New York state workforce [investment] development board. 1.
5 Creation and constitution. (a) The governor shall establish a board,
6 within the department, to be known as the New York state workforce
7 [investment] development board. The board shall be composed of forty-
8 nine members, including the following permanent members or such members'
9 designees: the governor; two members of the senate, appointed by the
10 temporary president of the senate; two members of the assembly,
11 appointed by the speaker of the assembly; the commissioners of labor,
12 education, [of] children and family services, temporary and disability
13 assistance and economic development; the [chair] director of [the urban
14 development corporation] a New York state vocational rehabilitation
15 program authorized under title I of the Rehabilitation Act of 1973 (29
16 U.S.C. 720 et seq.); and the chancellor of the state university of New
17 York.
18 (b) The remaining thirty-seven members of the board shall be appointed
19 by the governor as follows:
20 (i) twenty-five representatives of business who:
21 (A) are owners of businesses, chief executives or operating officers
22 of businesses, [and] or other business executives or employers with
23 optimum policymaking or hiring authority, [including] and who, in addi-
24 tion, may be members of local workforce investment boards;
25 (B) represent businesses [with], including small businesses, or organ-
26 izations representing businesses described in this subclause that
27 provide employment opportunities that [reflect the employment opportu-
28 nities of], at a minimum, include high-quality, work-relevant training
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10480-01-5
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1 and development in in-demand industry sectors or occupations in the
2 state;
3 (C) are appointed from among individuals nominated by state business
4 organizations and business trade associations; and
5 (D) include one representative from each of the state's five largest
6 industry sectors as determined by the department;
7 (ii) two chief elected officials (representing both cities and coun-
8 ties, where appropriate);
9 (iii) four representatives of labor organizations, who have been nomi-
10 nated by the New York State American Federation of Labor [and] -
11 Congress of Industrial Organizations;
12 (iv) [two representatives of individuals and organizations that have
13 experience with respect to] one representative of an organization that
14 has demonstrated experience and expertise in addressing the employment,
15 training, or education needs of eligible youth [activities, nominated by
16 state youth], including representatives of organizations that serve
17 out-of-school youth;
18 (v) two representatives of individuals and organizations that have
19 experience and expertise in the delivery of workforce investment activ-
20 ities, including chief executive officers of community colleges and
21 community-based organizations nominated by associations representing
22 community colleges and community-based organizations within the state;
23 (vi) one member who is a veteran nominated from a list provided by the
24 New York State American Federation of Labor - Congress of Industrial
25 Organizations; [and]
26 (vii) one member with experience in mature worker issues nominated
27 from a list provided by the New York State American Federation of Labor
28 - Congress of Industrial Organizations[.]; and
29 (viii) one representative who must be a member of a labor organization
30 or a training director from a joint-labor-management registered appren-
31 ticeship program, or, if no such program exists in the state, a member
32 of a labor organization or training director who is a representative of
33 a registered apprenticeship program.
34 (c) Members of the board that represent organizations, agencies, or
35 other entities shall be members with optimum policymaking authority
36 within such organizations, agencies or entities. The members of the
37 board shall represent diverse regions of the state, including urban,
38 rural and suburban areas.
39 (d) Members, excluding those specifically designated permanent
40 members, shall be appointed for the following terms: ten members shall
41 be appointed for one year; ten members shall be appointed for two years;
42 and [nineteen] seventeen members shall be appointed for three years.
43 Thereafter, the terms of new members or members reappointed shall be
44 three years.
45 (e) The board membership of any appointee described in paragraph (b)
46 of this subdivision shall cease upon a change in such member's qualify-
47 ing status. In such event, the governor shall appoint a new member
48 representing the same interest as that originally represented by such
49 member.
50 (f) Any member appointed to fill a vacancy shall serve the balance of
51 the term that was vacated.
52 (g) Members of the board shall receive no compensation, but shall be
53 entitled to reimbursement for any necessary expenses incurred in
54 connection with the performance of their duties.
55 (h) The board shall meet no less than quarterly each calendar year.
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1 2. Chairperson. The governor shall select a chairperson for the board
2 from among the representatives described in subparagraph (i) of para-
3 graph (b) of subdivision one of this section.
4 3. Duties and responsibilities of the board. The board shall assist
5 the governor in fulfilling the requirements of the federal [Workforce
6 Investment Act of 1998 (P.L.105-220) including:
7 (a) development of the state plan;
8 (b) development and continuous improvement of a statewide system of
9 activities that are funded under subtitle B of title I of the federal
10 Workforce Investment Act of 1998 (P.L. 105-220) or carried out through a
11 one-stop delivery system that receives funds under such subtitle,
12 including:
13 (i) development of linkages in order to assure coordination and nondu-
14 plication among the programs and activities that comprise the one-stop
15 delivery system; and
16 (ii) review of local plans;
17 (c) commenting at least once annually on the measures taken pursuant
18 to paragraph fourteen of subdivision (b) of section one hundred thirteen
19 of the Carl D. Perkins Vocational and Applied Technology Education Act
20 (20 U.S.C.2323 (b) (14));
21 (d) designation of local workforce investment areas. With regard to
22 designations that are not automatic or temporary, the governor may
23 approve a request from any unit of general local government (including a
24 combination of such units) for designation as a local area if the board
25 determines, taking into account the factors described in clauses (i)
26 through (v) of subparagraph (B) of paragraph (1) of subdivision (a) of
27 section one hundred sixteen of the federal Workforce Investment Act of
28 1998 (P.L. 105-220), and recommends to the governor that such area
29 should be so designated;
30 (e) development of allocation formulas for the distribution of funds
31 for adult employment and training activities and youth activities to
32 local areas;
33 (f) development and continuous improvement of comprehensive state
34 performance measures, including state adjusted levels of performance to
35 assess the effectiveness of the workforce investment activities in the
36 state;
37 (g) development of the statewide employment statistics system
38 described in subdivision (e) of section fifteen of the Wagner/Peyser
39 Act; and
40 (h) development of an application for incentive grants awarded by the
41 secretary of labor to states that exceed the state adjusted levels of
42 performance] Workforce Innovation and Opportunity Act (P.L. 113-128) or
43 any successor act.
44 4. Subcommittees. The board may establish subcommittees to examine
45 areas of particular interest or to assist it in monitoring the [long
46 term] long-term needs of employers and job seekers and setting appropri-
47 ate goals to address such needs. Such areas or needs may include, but
48 are not limited to, incumbent workers, transitional workers, emerging
49 workers, and apprenticeship.
50 5. Staffing. Staff support for the state board shall be provided by
51 the department in consultation with appropriate workforce [investment]
52 development partners.
53 6. Conflict of interest. A member of the board may not (a) vote on a
54 matter under consideration by the state board (i) regarding the
55 provision of services by such member or by an entity that such member
56 represents; or (ii) that would provide direct financial benefit to such
A. 10267 4
1 member or the immediate family of such member; or (b) engage in any
2 other activity determined by the governor to constitute a conflict of
3 interest as specified in the state plan. This subdivision shall also
4 apply to such members' designees.
5 7. Removal. Any non-permanent member of the board may be removed by
6 the governor for cause.
7 8. Transition. Whenever the job training partnership council, the job
8 training partnership committee, [or] the job training coordinating coun-
9 cil, or the New York state workforce investment board is referred to or
10 designated in any general, special or local law, or in any rule, regu-
11 lation, contract or other document, such reference shall be deemed to
12 refer to the New York state workforce [investment] development board.
13 9. Sunshine provisions. The state board shall make available to the
14 public, on a regular basis through open meetings, information regarding
15 the activities of the board, including information regarding the state
16 plan prior to submission of the plan, information regarding membership,
17 and, on request, minutes of formal meetings of the state board.
18 § 2. This act shall take effect immediately.
