STATE OF NEW YORK
________________________________________________________________________
3193
2011-2012 Regular Sessions
IN ASSEMBLY
January 24, 2011
___________
Introduced by M. of A. MORELLE, TOWNS, MAGNARELLI, DESTITO, SCHIMMINGER
-- Multi-Sponsored by -- M. of A. CAHILL, COLTON, CUSICK, FARRELL,
GUNTHER, LIFTON, MAGEE, McENENY, RAMOS, SCARBOROUGH -- read once and
referred to the Committee on Labor
AN ACT to amend the labor law, in relation to creating the manufacturing
technology act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and declaration. The legislature here-
2 by finds that a skilled and educated workforce forms the foundation upon
3 which a competitive manufacturing economy is built. The legislature also
4 finds that globalization and rapidly evolving technologies have caused
5 the loss of manufacturing jobs statewide, in large part due to plant
6 closings and outsourcing of these jobs to other states and countries.
7 The legislature further finds that the loss of manufacturing jobs has
8 created economic hardship for the state and its citizens.
9 The legislature also finds that New York companies can be competitive
10 in national and international markets and able to retain workers in
11 their current occupations in industries and geographic regions where the
12 jobs are currently located if existing facilities were retooled to
13 upgrade production processes and if incumbent workers were retrained in
14 the operations of these new technologies.
15 Finally, the legislature finds and declares that upgrading and modern-
16 izing facilities in both traditional manufacturing and new and emerging
17 industries and retraining their incumbent workers is a worthwhile
18 endeavor that will stem the loss of manufacturing jobs statewide.
19 § 2. The labor law is amended by adding a new article 25-C to read as
20 follows:
21 ARTICLE 25-C
22 MANUFACTURING TECHNOLOGY ACT
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05358-01-1
A. 3193 2
1 Section 862. Short title.
2 863. Manufacturing technology program.
3 § 862. Short title. This article shall be known and may be cited as
4 the manufacturing technology act of 2011.
5 § 863. Manufacturing technology program. The department shall issue
6 requests for proposals for manufacturing technology program (hereinafter
7 known as "ManuTech") training grants for employers, consortia of employ-
8 ers, labor organizations or industry associations, defined as groups of
9 employers joined formally or informally for the purpose of solving
10 common problems or working cooperatively pursuant to this article. 1.
11 Employers seeking assistance. (a) Employers seeking ManuTech grant
12 assistance pursuant to this article shall submit an application to the
13 department which shall include, but not be limited to, the following
14 documentation:
15 (i) facility upgrades to be undertaken to enhance productivity and
16 competitiveness;
17 (ii) skill upgrades required of employees in order to be retained in
18 their current occupations;
19 (iii) consultation with appropriate labor organizations representing
20 facility employees;
21 (iv) selection of a community college, not-for-profit research univer-
22 sity or college, to provide the training based on, but not limited to,
23 the following criteria:
24 (A) experience with and evidence of success in providing the training
25 requested;
26 (B) administrative capacity to provide the training;
27 (C) itemized costs of the training; and
28 (D) any other factors deemed appropriate by the department.
29 (b) Employers shall provide no less than fifty percent of a funding
30 match to the ManuTech grant assistance request. Such funding match may
31 include such in-kind services as:
32 (i) release time for employees enrolled in the training;
33 (ii) space for the training; and
34 (iii) equipment and other necessary items required for the training.
35 2. Repayment provision. Employers shall agree in writing to repay the
36 full amount of the award to the state if there are layoffs or termi-
37 nations resulting from the relocation by the company out of the
38 geographic area in which it operated at the time of the grant award
39 within one year of the end of the grant period. Closings that are a
40 result of the company's inability to continue operating because of
41 economic hardship will not result in required repayment of the grant.
42 3. Reporting and evaluation. The department shall report on the activ-
43 ities funded by this article to the speaker of the assembly and tempo-
44 rary president of the senate no later than January first, two thousand
45 thirteen, and on the first of January every year thereafter. The report
46 shall include, but not be limited to, the following:
47 (a) a list of ManuTech training grants and amounts;
48 (b) the number of incumbent workers retrained; and
49 (c) documented evidence of job retention.
50 4. Rules and regulations. The commissioner shall promulgate rules and
51 regulations necessary to carry out the provisions of this article.
52 § 3. This act shall take effect immediately.
