STATE OF NEW YORK ________________________________________________________________________ 1708 2023-2024 Regular Sessions IN ASSEMBLY January 18, 2023 ___________ Introduced by M. of A. CRUZ -- read once and referred to the Committee on Health AN ACT to amend a chapter of the laws of 2022 enacting the Lorena Borjas transgender and gender non-binary (TGNB) wellness and equity fund act, as proposed in legislative bills numbers S. 8884-A and A. 9418-A, the public health law and the state finance law, in relation to making technical corrections thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1 of a chapter of the laws of 2022 amending the 2 public health law and the state finance law relating to enacting the 3 Lorena Borjas transgender and gender non-binary (TGNB) wellness and 4 equity fund act, as proposed in legislative bills numbers S. 8884-A and 5 A. 9418-A, is amended to read as follows: 6 Section 1. Short title. This act shall be known and may be cited as 7 the "Lorena Borjas transgender and [gender] non-binary (TGNB) wellness 8 and equity program fund act". 9 § 2. Section 244 of the public health law, as added by a chapter of 10 the laws of 2022 enacting the Lorena Borjas transgender and gender non- 11 binary (TGNB) wellness and equity fund act, as proposed in legislative 12 bills numbers S. 8884-A and A. 9418-A, is amended to read as follows: 13 § 244. Transgender and [gender] non-binary (TGNB) wellness and equity 14 program. 1. [As used in this section, the following terms shall have the 15 following meanings: 16 (a) "Gender expansive" shall mean a transgender, gender non-binary, 17 gender non-conforming or intersex individuals, having a gender identity 18 or expression that is different from the sex assigned to such individual 19 at birth. 20 (b) "Intersex" shall mean a biological variation in which an individ- 21 ual is born with a reproductive or sexual anatomy that does not fit the 22 typical definitions of female or male. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03946-01-3
A. 1708 2 1 2.] The department, through the AIDS institute, shall establish and 2 operate a transgender and [gender] non-binary (TGNB) wellness and equity 3 program as authorized pursuant to this section. Such program shall be 4 established [within sixty days of the effective date of this section] by 5 April first, two thousand twenty-three. 6 [3.] 2. The transgender and [gender] non-binary (TGNB) wellness and 7 equity program shall be designed to: 8 (a) Increase the capacity of grassroots organizations working at the 9 local level and ensure New York state invests in organizations serving 10 transgender, gender [expansive] nonconforming, non-binary and intersex 11 individuals. 12 (b) Increase transgender, gender nonconforming, non-binary and inter- 13 sex cultural competence by investing in cultural competency programs or 14 curriculums that are designed by, or in consultation with, transgender, 15 gender [expansive] nonconforming, non-binary and intersex individuals. 16 (c) Address inequities in current funding distribution for organiza- 17 tions serving transgender, gender [expansive] nonconforming, non-binary 18 and intersex individuals, including but not limited to organizations 19 located outside of the city of New York. 20 (d) Enable unemployed transgender, gender [expansive] nonconforming, 21 non-binary and intersex residents of New York to become gainfully 22 employed taxpayers through job training and job placement services 23 provided by organizations serving transgender, gender [expansive] 24 nonconforming, non-binary and intersex individuals. 25 (e) Foster new and emerging transgender, gender [expansive] noncon- 26 forming, non-binary and intersex leadership through capacity building 27 support. 28 (f) Decrease homelessness and increase access to social services by 29 investing in organizations primarily serving transgender, gender noncon- 30 forming, non-binary and intersex individuals and that provide housing 31 solutions dedicated to transgender, gender [expansive] nonconforming, 32 non-binary and intersex individuals. 33 [4.] 3. Subject to appropriation, moneys in the transgender and 34 [gender] non-binary (TGNB) wellness and equity program fund, pursuant to 35 section ninety-five-k of the state finance law, may be used for the 36 following purposes: 37 (a) Identifying [leading] community-based organizations involving and 38 serving transgender, gender [expansive] nonconforming, non-binary and 39 intersex individuals and providing them with grants to expand their 40 existing work involving and serving transgender, gender nonconforming, 41 non-binary and intersex individuals. 42 (b) Providing grants to organizations involving and serving transgen- 43 der, gender [expansive] nonconforming, non-binary and intersex individ- 44 uals to create supportive housing solutions and to identify, assist, and 45 refer transgender, gender nonconforming, non-binary and intersex resi- 46 dents of New York state to supportive housing. 47 (c) Creating or funding existing programs serving transgender, gender 48 [expansive] nonconforming, non-binary and intersex individuals that 49 primarily coordinate inclusive health care for individuals who identify 50 as transgender, gender nonconforming, non-binary[, non-conforming] or 51 intersex. 52 (d) Providing grants to organizations involving and serving transgen- 53 der, gender [expansive] nonconforming, non-binary and intersex individ- 54 uals to increase the capacity of health care professionals to effec- 55 tively provide gender affirming care. This includes the creation of 56 educational materials or facilitation of capacity building training.
A. 1708 3 1 (e) Providing grants for behavioral health services developed by, or 2 in consultation with, transgender, gender [expansive] nonconforming, 3 non-binary and intersex individuals that offer mental health and 4 substance use services for transgender, gender [expansive] nonconform- 5 ing, non-binary and intersex youth, adults, seniors, and families. 6 (f) Providing grants for educational and vocational training programs 7 developed by, or in consultation with, transgender, gender [expansive] 8 nonconforming, non-binary and intersex individuals to increase the 9 employment status and educational attainment level of transgender, 10 gender [expansive] nonconforming, non-binary and intersex residents of 11 New York state. 12 (g) Providing funds to improve data collection on gender identity and 13 expression in New York state with a focus on transgender, gender [expan- 14 sive] nonconforming, non-binary and intersex residents of New York state 15 and their needs. 16 § 3. Section 95-k of the state finance law, as added by a chapter of 17 the laws of 2022 enacting the Lorena Borjas transgender and gender non- 18 binary (TGNB) wellness and equity fund act, as proposed in legislative 19 bills numbers S. 8884-A and A. 9418-A, is amended to read as follows: 20 § 95-k. Transgender and [gender] non-binary (TGNB) wellness and equity 21 program fund. 1. There is hereby established in the joint custody of the 22 state comptroller and the commissioner of taxation and finance a fund to 23 be known as the "transgender and [gender] non-binary (TGNB) wellness and 24 equity program fund". 25 2. Moneys in such fund shall consist of all moneys appropriated for 26 the purposes of such fund and all moneys appropriated, credited or 27 transferred thereto from any other fund or source pursuant to law. Any 28 interest received by the comptroller on money on deposit in the fund 29 shall be retained in and become part of such fund. 30 § 4. This act shall take effect on the same date and in the same 31 manner as a chapter of the laws of 2022 enacting the Lorena Borjas 32 transgender and gender non-binary (TGNB) wellness and equity fund act, 33 as proposed in legislative bills numbers S. 8884-A and A. 9418-A, takes 34 effect.