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A09151 Summary:

BILL NOA09151
 
SAME ASNo Same As
 
SPONSORBronson
 
COSPNSR
 
MLTSPNSR
 
Add §19, Lab L; add §99-tt, St Fin L
 
Establishes a reasonable accommodation reimbursement grant program under which eligible employers may request a grant for reimbursement of expenses made for reasonable accommodations for applicants or employees with a disability; establishes a reasonable accommodation reimbursement fund for payment of such grants; makes an appropriation of $5,000,000 for such program.
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A09151 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9151
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 17, 2025
                                       ___________
 
        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Labor
 
        AN ACT to amend the labor law and the state finance law, in relation  to
          establishing  a  reasonable accommodation reimbursement grant program;
          and making an appropriation therefor

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The labor law is amended by adding a new section 19 to read
     2  as follows:
     3    § 19. Reasonable accommodation reimbursement grant program. 1. For the
     4  purposes  of  this section, the following terms shall have the following
     5  meanings:
     6    (a) "Applicant" means any  person,  whether  employed  or  unemployed,
     7  seeking or entering into any arrangement for employment with an eligible
     8  employer.
     9    (b)  "Eligible  employer"  means an employer domiciled within New York
    10  state and having its principal place of business as  identified  in  its
    11  certificate of incorporation in New York state that:
    12    (i)  employs  not more than five hundred employees on any business day
    13  during the preceding calendar year; and
    14    (ii) generates five million dollars or less in gross annual revenue.
    15    (c) (i) "Individual with a disability" means a  disabled  person  who,
    16  with  reasonable  accommodation,  can  perform  the  essential functions
    17  required of all applicants for the job in question.
    18    (ii) For the purposes  of  this  section,  "disability"  excludes  any
    19  condition  resulting  from alcohol or drug abuse which prevents a person
    20  from performing the essential  functions  of  the  job  in  question  or
    21  constitutes a direct threat to property or the safety of others.
    22    (iii) If a respondent contends that a person is not an individual with
    23  a  disability, as defined by this paragraph, the burden shall be on such
    24  respondent to prove that it was  reasonable  to  conclude  the  disabled
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13802-01-5

        A. 9151                             2
 
     1  person,  with  reasonable accommodation, could not have met the require-
     2  ments of the job or that the selected  person  was  demonstrably  better
     3  able to perform the job.
     4    (d)  "Reasonable  accommodation"  means  steps  which must be taken to
     5  accommodate the known physical or mental limitations  of  an  individual
     6  with a disability, which may include, but shall not be limited to:
     7    (i)  making facilities readily accessible to and usable by individuals
     8  with disabilities; or
     9    (ii) job restructuring, modified work  schedules,  reassignment  to  a
    10  vacant position, acquisition or modification of equipment or devices, or
    11  the provision of aides on a temporary or periodic basis.
    12    (e)  "Program"  means the reasonable accommodation reimbursement grant
    13  program established under subdivision two of this section.
    14    (f) "Fund"  means  the  reasonable  accommodation  reimbursement  fund
    15  established under section ninety-nine-tt of the state finance law.
    16    2.   The  commissioner  shall  establish  a  reasonable  accommodation
    17  reimbursement grant program for  the  purpose  of  reimbursing  eligible
    18  employers  for  the  cost  of  expenses incurred in providing reasonable
    19  accommodations for individuals with a disability who are  either  appli-
    20  cants or employees of such eligible employers.
    21    3.  (a) The commissioner shall develop forms and procedures for solic-
    22  iting and reviewing applications for reimbursement under this section.
    23    (b) The program shall award reimbursements to  eligible  employers  to
    24  the  extent  that  funds  are available in the account established under
    25  section ninety-nine-tt of the state finance law.
    26    (c) Applications for the program shall be  processed  on  a  first-re-
    27  ceived,  first-processed  basis within each fiscal year until funding is
    28  exhausted.  Applications received after funding has been exhausted in  a
    29  fiscal year shall not be eligible for reimbursement.
    30    (d)  Documentation  for  reimbursement  shall  be provided by eligible
    31  employers in a form approved by the commissioner.
    32    4. The maximum total reimbursement per eligible employer in  a  fiscal
    33  year shall be thirty thousand dollars, provided, however that:
    34    (a)  submissions  for one-time reasonable accommodation expenses shall
    35  be no less than two hundred fifty dollars and no more than fifteen thou-
    36  sand dollars per individual with a disability; and
    37    (b) submissions for ongoing reasonable  accommodation  expenses  shall
    38  have no minimum or maximum requirements.
    39    5.   The  commissioner  may  provide  technical  assistance  regarding
    40  requests for reasonable accommodations under the program.
    41    6. The commissioner may use up to twenty percent of the fund's bienni-
    42  al appropriation amount for administration and marketing of the program.
    43    7. No later than sixty days after the effective date of this  section,
    44  and no later than June thirtieth of each following year, the commission-
    45  er  shall make publicly available information regarding the availability
    46  of grants under the program, and the procedure of requesting  reimburse-
    47  ment for reasonable accommodations under the program.
    48    8. The commissioner shall submit an annual report to the governor, the
    49  temporary  president of the senate, and the speaker of the assembly with
    50  data on the employer  reimbursements  made  under  the  program  in  the
    51  preceding  calendar  year. Such report shall include, but not be limited
    52  to:
    53    (a) the number and type of accommodations requested;
    54    (b) the cost of accommodations requested;
    55    (c) the employers from which requests were made;

        A. 9151                             3
 
     1    (d) the number and type of accommodations that  were  denied  and  the
     2  reasons for such denials;
     3    (e) any remaining balance in the fund; and
     4    (f)  whether  the  fund  was depleted, the date on which monies in the
     5  fund were exhausted, and the number, type, and  cost  of  accommodations
     6  that were not reimbursed to employers.
     7    § 2. The state finance law is amended by adding a new section 99-tt to
     8  read as follows:
     9    §  99-tt.  Reasonable  accommodation  reimbursement  fund. 1. There is
    10  hereby established in the joint  custody  of  the  comptroller  and  the
    11  commissioner  of  taxation and finance a special fund to be known as the
    12  "reasonable accommodation reimbursement fund".
    13    2. Monies allocated to the reasonable accommodation reimbursement fund
    14  shall be kept separate and shall not be commingled with any other  funds
    15  in the custody of the state comptroller.
    16    3. Monies of such fund shall consist of all monies appropriated there-
    17  for by the legislature.
    18    4.  Monies  of  such  fund,  when allocated, shall be available to the
    19  commissioner of labor for the award of grants pursuant to section  nine-
    20  teen of the labor law.
    21    §  3. The sum of five million dollars ($5,000,000), or so much thereof
    22  as may be necessary, is hereby appropriated to the  reasonable  accommo-
    23  dation  reimbursement  fund established under section 99-tt of the state
    24  finance law out of any moneys in the state treasury in the general  fund
    25  to  the credit of the state comptroller and the commissioner of taxation
    26  and finance, not otherwise appropriated, and made immediately available,
    27  for the purpose of carrying out the provisions of this act. Such  moneys
    28  shall  be  payable  on the audit and warrant of the state comptroller on
    29  vouchers certified or approved by  the  commissioner  of  labor  in  the
    30  manner prescribed by law.
    31    §  4.  This  act shall take effect on the ninetieth day after it shall
    32  have become a law. Effective immediately, the addition, amendment and/or
    33  repeal of any rule or regulation necessary  for  the  implementation  of
    34  this  act  on its effective date are authorized to be made and completed
    35  on or before such effective date.
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