§ 202. Skills development assistance. 1. The department shall provide assistance to approved applicants for the purpose of offering skills training services that will foster economic development by creating or preserving jobs. For the purposes of this section, "applicant" shall mean an educational agency, business, or industry group or association, an employee union or organizations, a community based organization, grant recipient or administrative entity of the service delivery area and private industry council as defined by the federal job training partnership act (P.L. 97-300), provided that such groups have demonstrated effectiveness in the delivery of training services. Any assistance provided shall be matched at least equally by financing or contribution from other sources. Such skills training services shall include:

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(a) training for entry-level employment and worker skills upgrading; or

(b) payment of on-the-job training costs for a period not to exceed twelve weeks or classroom instruction, or a combination thereof.

2. In approving requests for assistance, the commissioner shall consider, among other criteria, the following:

(a) the demonstrated need for state assistance;

(b) the number and types of employees to be affected, including the potential for increased productivity and wages;

(c) the employer's contribution to the actual cost of the training;

(d) the potential for entry-level opportunities resulting from promotions created by skills upgrading;

(e) the willingness of assisted businesses to fill such positions with job-ready clients referred from programs conducted under the job training partnership act or the state job service;

(f) whether the assisted business is located in a distressed area; and

(g) the degree to which assistance requested is matched by financing or contributions from other sources.

3. Assistance provided under this section shall not be used in any way that impairs the provisions of any existing collective bargaining agreement and, where possible, consultation with the appropriate labor organization or organizations shall be undertaken.

4. Applications for assistance under this section shall provide:

(a) a description of the project including the type of skills training or education to be provided;

(b) an estimate of the total cost of the program and an itemization of estimated costs associated with equipment, personnel, facilities and materials;

(c) a description of the economic development benefits expected to be achieved by the program;

(d) a description of the employment needs expected to be filled, including the number and types of jobs to be created;

(e) the technical assistance and financial support to be provided by the applicant and the business or businesses for which a program is designed and from other sources;

(f) a demonstration of the extent to which assistance will be used to complement and leverage services available to businesses under other state, or local or federally funded training programs; and

(g) such other information as the department may request.

5. For any positions opened as a result of assistance provided under this section businesses so assisted shall first consider persons eligible to participate in federal job training partnership act (P.L. 97-300) programs who shall be referred to the business by administrative entities of service delivery areas created pursuant to such act or by the job service division of the department of labor.

6. The department shall require the applicant to specify anticipated outcomes including, as appropriate, job placement rates, number of jobs opened to targeted populations as a result of skills upgrading activities, promotions or wage increases for individuals participating in skills upgrading programs and provide a commitment from individual businesses to hire individuals who have successfully completed training. The full amount of assistance shall be paid to the applicant only if such anticipated outcomes have been achieved.

7. (a) On or before October first, nineteen hundred eighty-eight and on or before October first of each year thereafter, the department, in cooperation with other appropriate state departments and agencies, shall submit to the governor and the legislature a report regarding the current status of the skills development assistance program.

Such report shall include, but not be limited to:

(i) the number of individuals enrolled in the program by sex, age, race, income and employment status;

(ii) the number and type of businesses participating in the program;

(iii) the nature of the match required pursuant to this article;

(iv) the number and type of educational agencies participating in the program;

(v) the number and type of skills training programs supported by the program; and

(vi) the programs overall job placement rate and the placement rate of each project.

(b) The department shall submit to the director of the division of the budget, the chairperson of the senate finance committee and the chairperson of the assembly ways and means committee an evaluation of this program prepared by an entity independent of the department. Such evaluation shall be submitted by September first, two thousand five and by September first every four years thereafter.

(c) Between evaluation due dates, the commissioner shall maintain the necessary records and data required to satisfy such evaluation requirements and to satisfy information requests received from the director of the budget, the chairperson of the senate finance committee and the chairperson of the assembly ways and means committee between such evaluation due dates.