S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9464--A
 
                             I N  S E N A T E
 
                               May 30, 2022
                                ___________
 
 Introduced by Sen. KRUEGER -- (at request of the Governor) -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Finance -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  chapter  53 of the laws of 2022, enacting the aid to
   localities budget, in relation to an increase in the  federal  poverty
   level for purposes of the child care program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1 of chapter 53 of the laws of 2022,  enacting  the
 aid  to localities budget, is amended by repealing the items hereinbelow
 set forth in brackets and by adding to  such  section  the  other  items
 underscored in this section.
 
                      DEPARTMENT OF FAMILY ASSISTANCE
                  OFFICE OF CHILDREN AND FAMILY SERVICES
 
                        AID TO LOCALITIES   2022-23
 
 CHILD CARE PROGRAM ......................................... 965,025,200
                                                           --------------
 
   General Fund
   Local Assistance Account - 10000
 
 Notwithstanding  any  inconsistent provision
   of  law,  the  funds  appropriated  herein
   shall  be  available  for  transfer to the
   federal health and  human  services  fund,
   local assistance account, federal day care
   account  to operate and support enrollment
   in the child care  facilitated  enrollment
   pilot program which expand access to child
   care  subsidies  for  working families who
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15985-02-2
 S. 9464--A                          2
 
   live or are  employed  in  Manhattan,  the
   Bronx,  Brooklyn, Staten Island and Queens
   with income up to [275] 300 percent of the
   federal  poverty  level as provided to the
   Consortium for Worker Education to  admin-
   ister  and to implement a plan approved by
   the  office   of   children   and   family
   services. The administrative cost, includ-
   ing  the  cost  of  the development of the
   evaluation of the pilot program shall  not
   exceed  ten percent of the funds available
   for the purpose. The remaining portion  of
   the funds shall be allocated to the office
   of  children  and  family  services to the
   local social services district  where  the
   recipient families reside as determined by
   the   project   administrator   based   on
   projected need and cost of providing child
   care subsidies payment to working families
   enrolled  through  the  pilot  initiative,
   provided however the local social services
   district   shall   not  reimburse  subsidy
   payment in excess of the amount the subsi-
   dy funding appropriated herein can support
   and the applicable local  social  services
   district  shall not be required to approve
   or pay for subsidies  not  funded  herein.
   Child  care  subsidies  paid  on behalf of
   eligible families shall be  reimbursed  at
   the actual cost of care up to the applica-
   ble  market rate for the district in which
   the child care is provided and in  accord-
   ance  with  the  fee schedule of the local
   social services district making the subsi-
   dy payment. Up to  ten  percent  of  funds
   available  for  this purpose shall be made
   available to  the  Consortium  for  Worker
   Education, or other designated administra-
   tor, to administer and to implement a plan
   approved  by  the  office  of children and
   family services for  this  pilot  program.
   This   administrator   shall  prepare  and
   submit to the office of children and fami-
   ly services,  the  chairs  of  the  senate
   committee  on  social services, the senate
   committee on children  and  families,  the
   senate  committee  on labor, the chairs of
   the assembly  committee  on  children  and
   families, the assembly committee on social
   services,  and  the  assembly committee on
   labor a report on the pilot  program  with
   recommendations. Such report shall include
   available  information regarding the pilot
   program  or  participants  in  the   pilot
   program, including but not limited to: the
   number  of  income  eligible  children  of
 S. 9464--A                          3

   working parents with income  greater  than
   200  percent but at or less than [275] 300
   percent of the federal poverty level,  the
   ages   of   the  children  served  by  the
   program, the number of families served  by
   the  program  who are in receipt of family
   assistance,  the  factors   that   parents
   considered  when searching for child care,
   the  factors  that  barred  the  families'
   access  to  child care assistance prior to
   their  enrollment   in   the   facilitated
   enrollment program, the number of families
   who  receive a child care subsidy pursuant
   to this program who  choose  to  use  such
   subsidy  for regulated child care, and the
   number of families  who  receive  a  child
   care  subsidy pursuant to this program who
   choose to  use  such  subsidy  to  receive
   child  care services provided by a legally
   exempt  provider.  Such  report  shall  be
   submitted by the program administrator, on
   or  before November 1, 2022, provided that
   if such report is not received by November
   30, 2022, reimbursement for administrative
   costs shall be either reduced or withheld,
   and failure of an administrator to  submit
   a timely report may jeopardize such admin-
   istrator's  program from receiving funding
   in future  years.  The  administrator  for
   this  pilot program shall submit bimonthly
   reports to  the  office  of  children  and
   family services, the local social services
   district,  the  administration  for  chil-
   dren's services, and the legislature. Each
   bi-monthly report  shall  provide  without
   benefit  of  personal identifying informa-
   tion, the pilot program's current  enroll-
   ment level, amount of the child's subsidy,
   co-payment  levels, and any other informa-
   tion as needed or required by  the  office
   of  children and family services. Further,
   the office of children and family services
   shall provide technical assistance to  the
   pilot   program  to  assist  with  program
   administration and timely coordination  of
   the  bi-monthly claiming process. Notwith-
   standing any other provision of law,  this
   pilot  program  maintained  herein  may be
   terminated if the administrator  for  such
   program mismanages such program, by engag-
   ing  in  actions including but not limited
   to, improper use of funds,  providing  for
   child  care  subsidies  in  excess  of the
   amount the  subsidy  funding  appropriated
   herein  can support, and failing to submit
 S. 9464--A                          4
 
   claims for reimbursement in a timely fash-
   ion ............................................ 500,000
 Notwithstanding  any  inconsistent provision
   of  law,  the  funds  appropriated  herein
   shall  be  available  for  transfer to the
   federal health and  human  services  fund,
   local assistance account, federal day care
   account  to operate and support enrollment
   in the child care  facilitated  enrollment
   pilot program which expand access to child
   care  subsidies  for  working families who
   live or are employed  in  Onondaga  County
   with income up to [275] 300 percent of the
   federal  poverty  level as provided to the
   AFL-CIO Workforce Development Institute to
   administer  and  to   implement   a   plan
   approved  by  the  office  of children and
   family services. The administrative  cost,
   including  the  cost of the development of
   the evaluation of the pilot program  shall
   not exceed ten percent of the funds avail-
   able   for   the  purpose.  The  remaining
   portion of the funds shall be allocated to
   the office of children and family services
   to  the  local  social  services  district
   where  the  recipient  families  reside as
   determined by  the  project  administrator
   based   on  projected  need  and  cost  of
   providing child care subsidies payment  to
   working   families  enrolled  through  the
   pilot  initiative,  provided  however  the
   local  social  service  district shall not
   reimburse subsidy payment in excess of the
   amount the  subsidy  funding  appropriated
   herein  can  support  and  the  applicable
   local social services district  shall  not
   be  required  to approve or pay for subsi-
   dies not funded herein. Child care  subsi-
   dies  paid  on behalf of eligible families
   shall be reimbursed at the actual cost  of
   care  up to the applicable market rate for
   the district in which the  child  care  is
   provided  and  in  accordance with the fee
   schedule  of  the  local  social  services
   district making the subsidy payment. Up to
   ten  percent  of  funds available for this
   purpose shall be  made  available  to  the
   AFL-CIO  Workforce  Development Institute,
   or  other  designated  administrator,   to
   administer   and   to   implement  a  plan
   approved by the  office  of  children  and
   family  services  for  this pilot program.
   This  administrator  shall   prepare   and
   submit to the office of children and fami-
   ly  services,  the  chairs  of  the senate
   committee on social services,  the  senate
 S. 9464--A                          5
 
   committee  on  children  and families, the
   senate committee on labor, the  chairs  of
   the  assembly  committee  on  children and
   families, the assembly committee on social
   services,  and  the  assembly committee on
   labor a report on the pilot  program  with
   recommendations. Such report shall include
   available  information regarding the pilot
   program  or  participants  in  the   pilot
   program, including but not limited to: the
   number  of  income  eligible  children  of
   working parents with income  greater  than
   200  percent but at or less than [275] 300
   percent of the federal poverty level,  the
   ages   of   the  children  served  by  the
   program, the number of families served  by
   the  program  who are in receipt of family
   assistance,  the  factors   that   parents
   considered  when searching for child care,
   the  factors  that  barred  the  families'
   access  to  child care assistance prior to
   their  enrollment   in   the   facilitated
   enrollment program, the number of families
   who  receive a child care subsidy pursuant
   to this program who  choose  to  use  such
   subsidy  for regulated child care, and the
   number of families  who  receive  a  child
   care  subsidy pursuant to this program who
   choose to  use  such  subsidy  to  receive
   child  care services provided by a legally
   exempt  provider.  Such  report  shall  be
   submitted by the program administrator, on
   or  before November 1, 2022, provided that
   if such report is not received by November
   30, 2022, reimbursement for administrative
   costs shall be either reduced or withheld,
   and failure of an administrator to  submit
   a timely report may jeopardize such admin-
   istrator's  program from receiving funding
   in future  years.  The  administrator  for
   this  pilot program shall submit bimonthly
   reports to  the  office  of  children  and
   family services, the local social services
   district,  the  administration  for  chil-
   dren's  services,  and  the   legislature.
   Each bi-monthly report shall provide with-
   out benefit of personal identifying infor-
   mation,   the   pilot   program's  current
   enrollment level, amount  of  the  child's
   subsidy,  co-payment levels, and any other
   information as needed or required  by  the
   office  of  children  and family services.
   Further, the office of children and family
   services shall provide  technical  assist-
   ance  to  the pilot program to assist with
   program administration and timely  coordi-
 S. 9464--A                          6
 
   nation of the bi-monthly claiming process.
   Notwithstanding  any  other  provision  of
   law, this pilot program maintained  herein
   may be terminated if the administrator for
   such  program  mismanages such program, by
   engaging  in  actions  including  but  not
   limited to, improper use of funds, provid-
   ing  for child care subsidies in excess of
   the amount the subsidy  funding  appropri-
   ated  herein  can  support, and failing to
   submit claims for reimbursement in a time-
   ly fashion ..................................... 500,000
 Notwithstanding any  inconsistent  provision
   of  law,  the  funds  appropriated  herein
   shall be available  for  transfer  to  the
   federal  health  and  human services fund,
   local assistance account, federal day care
   account to operate and support  enrollment
   in  the  child care facilitated enrollment
   pilot program which expand access to child
   care subsidies for  working  families  who
   live  or  are employed in Erie County with
   income up to  [275]  300  percent  of  the
   federal  poverty  level as provided to the
   AFL-CIO Workforce Development Institute to
   administer  and  to   implement   a   plan
   approved  by  the  office  of children and
   family services. The administrative  cost,
   including  the  cost of the development of
   the evaluation of the pilot program  shall
   not exceed ten percent of the funds avail-
   able   for   the  purpose.  The  remaining
   portion of the funds shall be allocated to
   the office of children and family services
   to  the  local  social  services  district
   where  the  recipient  families  reside as
   determined by  the  project  administrator
   based   on  projected  need  and  cost  of
   providing child care subsidies payment  to
   working   families  enrolled  through  the
   pilot  initiative,  provided  however  the
   local  social  services district shall not
   reimburse subsidy payment in excess of the
   amount the  subsidy  funding  appropriated
   herein  can  support  and  the  applicable
   local social services district  shall  not
   be  required  to approve or pay for subsi-
   dies not funded herein. Child care  subsi-
   dies  paid  on behalf of eligible families
   shall be reimbursed at the actual cost  of
   care  up to the applicable market rate for
   the district in which the  child  care  is
   provided  and  in  accordance with the fee
   schedule  of  the  local  social  services
   district making the subsidy payment. Up to
   ten  percent  of  funds available for this
 S. 9464--A                          7
 
   purpose shall be  made  available  to  the
   AFL-CIO  Workforce  Development Institute,
   or  other  designated  administrator,   to
   administer   and   to   implement  a  plan
   approved by the  office  of  children  and
   family  services  for  this pilot program.
   This  administrator  shall   prepare   and
   submit to the office of children and fami-
   ly  services,  the  chairs  of  the senate
   committee on social services,  the  senate
   committee  on  children  and families, the
   senate committee on labor, the  chairs  of
   the  assembly  committee  on  children and
   families, the assembly committee on social
   services, and the  assembly  committee  on
   labor  a  report on the pilot program with
   recommendations. Such report shall include
   available information regarding the  pilot
   program   or  participants  in  the  pilot
   program, including but not limited to: the
   number  of  income  eligible  children  of
   working  parents  with income greater than
   200 percent but at or less than [275]  300
   percent  of the federal poverty level, the
   ages  of  the  children  served   by   the
   program,  the number of families served by
   the program who are in receipt  of  family
   assistance,   the   factors  that  parents
   considered when searching for child  care,
   the  factors  that  barred  the  families'
   access to child care assistance  prior  to
   their   enrollment   in   the  facilitated
   enrollment program, the number of families
   who receive a child care subsidy  pursuant
   to  this  program  who  choose to use such
   subsidy for regulated child care, and  the
   number  of  families  who  receive a child
   care subsidy pursuant to this program  who
   choose  to  use  such  subsidy  to receive
   child care services provided by a  legally
   exempt  provider.  Such  report  shall  be
   submitted by the program administrator, on
   or before November 1, 2022, provided  that
   if such report is not received by November
   30, 2022, reimbursement for administrative
   costs shall be either reduced or withheld,
   and  failure of an administrator to submit
   a timely report may jeopardize such admin-
   istrator's program from receiving  funding
   in  future  years.  The  administrator for
   this pilot program shall submit  bimonthly
   reports  to  the  office  of  children and
   family services, the local social services
   district,  the  administration  for  chil-
   dren's services, and the legislature. Each
   bi-monthly  report  shall  provide without
 S. 9464--A                          8
 
   benefit of personal  identifying  informa-
   tion,  the pilot program's current enroll-
   ment level, amount of the child's subsidy,
   co-payment  levels, and any other informa-
   tion as needed or required by  the  office
   of  children and family services. Further,
   the office of children and family services
   shall provide technical assistance to  the
   pilot   program  to  assist  with  program
   administration and timely coordination  of
   the  bi-monthly claiming process. Notwith-
   standing any other provision of law,  this
   pilot  program  maintained  herein  may be
   terminated if the administrator  for  such
   program mismanages such program, by engag-
   ing  in  actions including but not limited
   to, improper use of funds,  providing  for
   child  care  subsidies  in  excess  of the
   amount the  subsidy  funding  appropriated
   herein  can support, and failing to submit
   claims for reimbursement in a timely fash-
   ion ............................................ 500,000
 Notwithstanding any  inconsistent  provision
   of  law,  the  funds  appropriated  herein
   shall be available  for  transfer  to  the
   federal  health  and  human services fund,
   local assistance account, federal day care
   account to operate and support  enrollment
   in  the  child care facilitated enrollment
   pilot program which expand access to child
   care subsidies for  working  families  who
   live or are employed in Nassau County with
   income  up  to  [275]  300  percent of the
   federal poverty level as provided  to  the
   AFL-CIO Workforce Development Institute to
   administer   and   to   implement  a  plan
   approved by the  office  of  children  and
   family  services. The administrative cost,
   including the cost of the  development  of
   the  evaluation of the pilot program shall
   not exceed ten percent of the funds avail-
   able  for  the  purpose.   The   remaining
   portion of the funds shall be allocated to
   the office of children and family services
   to  the  local  social  services  district
   where the  recipient  families  reside  as
   determined  by  the  project administrator
   based  on  projected  need  and  cost   of
   providing  child care subsidies payment to
   working  families  enrolled  through   the
   pilot  initiative,  provided  however  the
   local social services district  shall  not
   reimburse subsidy payment in excess of the
   amount  the  subsidy  funding appropriated
   herein  can  support  and  the  applicable
   local  social  services district shall not
 S. 9464--A                          9

   be required to approve or pay  for  subsi-
   dies  not funded herein. Child care subsi-
   dies paid on behalf of  eligible  families
   shall  be reimbursed at the actual cost of
   care up to the applicable market rate  for
   the  district  in  which the child care is
   provided and in accordance  with  the  fee
   schedule  of  the  local  social  services
   district making the subsidy payment. Up to
   ten percent of funds  available  for  this
   purpose  shall  be  made  available to the
   AFL-CIO Workforce  Development  Institute,
   or   other  designated  administrator,  to
   administer  and  to   implement   a   plan
   approved  by  the  office  of children and
   family services for  this  pilot  program.
   This   administrator   shall  prepare  and
   submit to the office of children and fami-
   ly services,  the  chairs  of  the  senate
   committee  on  social services, the senate
   committee on children  and  families,  the
   senate  committee  on labor, the chairs of
   the assembly  committee  on  children  and
   families, the assembly committee on social
   services,  and  the  assembly committee on
   labor a report on the pilot  program  with
   recommendations. Such report shall include
   available  information regarding the pilot
   program  or  participants  in  the   pilot
   program, including but not limited to: the
   number  of  income  eligible  children  of
   working parents with income  greater  than
   200  percent but at or less than [275] 300
   percent of the federal poverty level,  the
   ages   of   the  children  served  by  the
   program, the number of families served  by
   the  program  who are in receipt of family
   assistance,  the  factors   that   parents
   considered  when searching for child care,
   the  factors  that  barred  the  families'
   access  to  child care assistance prior to
   their  enrollment   in   the   facilitated
   enrollment program, the number of families
   who  receive a child care subsidy pursuant
   to this program who  choose  to  use  such
   subsidy  for regulated child care, and the
   number of families  who  receive  a  child
   care  subsidy pursuant to this program who
   choose to  use  such  subsidy  to  receive
   child  care services provided by a legally
   exempt  provider.  Such  report  shall  be
   submitted by the program administrator, on
   or  before November 1, 2022, provided that
   if such report is not received by November
   30, 2022, reimbursement for administrative
   costs shall be either reduced or withheld,
 S. 9464--A                         10
 
   and failure of an administrator to  submit
   a timely report may jeopardize such admin-
   istrator's  program from receiving funding
   in  future  years.  The  administrator for
   this pilot program shall submit  bimonthly
   reports  to  the  office  of  children and
   family services, the local social services
   district,  the  administration  for  chil-
   dren's services, and the legislature. Each
   bi-monthly  report  shall  provide without
   benefit of personal  identifying  informa-
   tion,  the pilot program's current enroll-
   ment level, amount of the child's subsidy,
   co-payment levels, and any other  informa-
   tion  as  needed or required by the office
   of children and family services.  Further,
   the office of children and family services
   shall  provide technical assistance to the
   pilot  program  to  assist  with   program
   administration  and timely coordination of
   the bi-monthly claiming process.  Notwith-
   standing  any other provision of law, this
   pilot program  maintained  herein  may  be
   terminated  if  the administrator for such
   program mismanages such program, by engag-
   ing in actions including but  not  limited
   to,  improper  use of funds, providing for
   child care  subsidies  in  excess  of  the
   amount  the  subsidy  funding appropriated
   herein can support, and failing to  submit
   claims for reimbursement in a timely fash-
   ion .......................................... 1,500,000
 Notwithstanding  any  inconsistent provision
   of  law,  the  funds  appropriated  herein
   shall  be  available  for  transfer to the
   federal health and  human  services  fund,
   local assistance account, federal day care
   account  to operate and support enrollment
   in the child care  facilitated  enrollment
   pilot program which expand access to child
   care  subsidies  for  working families who
   live or are  employed  in  Suffolk  County
   with income up to [275] 300 percent of the
   federal  poverty  level as provided to the
   AFL-CIO Workforce Development Institute to
   administer  and  to   implement   a   plan
   approved  by  the  office  of children and
   family services. The administrative  cost,
   including  the  cost of the development of
   the evaluation of the pilot program  shall
   not exceed ten percent of the funds avail-
   able   for   the  purpose.  The  remaining
   portion of the funds shall be allocated to
   the office of children and family services
   to  the  local  social  services  district
   where  the  recipient  families  reside as
 S. 9464--A                         11
 
   determined by  the  project  administrator
   based   on  projected  need  and  cost  of
   providing child care subsidies payment  to
   working   families  enrolled  through  the
   pilot  initiative,  provided  however  the
   local  social  services district shall not
   reimburse subsidy payment in excess of the
   amount the  subsidy  funding  appropriated
   herein  can  support  and  the  applicable
   local social services district  shall  not
   be  required  to approve or pay for subsi-
   dies not funded herein. Child care  subsi-
   dies  paid  on behalf of eligible families
   shall be reimbursed at the actual cost  of
   care  up to the applicable market rate for
   the district in which the  child  care  is
   provided  and  in  accordance with the fee
   schedule  of  the  local  social  services
   district making the subsidy payment. Up to
   ten  percent  of  funds available for this
   purpose shall be  made  available  to  the
   AFL-CIO  Workforce  Development Institute,
   or  other  designated  administrator,   to
   administer   and   to   implement  a  plan
   approved by the  office  of  children  and
   family  services  for  this pilot program.
   This  administrator  shall   prepare   and
   submit to the office of children and fami-
   ly  services,  the  chairs  of  the senate
   committee on social services,  the  senate
   committee  on  children  and families, the
   senate committee on labor, the  chairs  of
   the  assembly  committee  on  children and
   families, the assembly committee on social
   services, and the  assembly  committee  on
   labor  a  report on the pilot program with
   recommendations. Such report shall include
   available information regarding the  pilot
   program   or  participants  in  the  pilot
   program, including but not limited to: the
   number  of  income  eligible  children  of
   working  parents  with income greater than
   200 percent but at or less than [275]  300
   percent  of the federal poverty level, the
   ages  of  the  children  served   by   the
   program,  the number of families served by
   the program who are in receipt  of  family
   assistance,   the   factors  that  parents
   considered when searching for child  care,
   the  factors  that  barred  the  families'
   access to child care assistance  prior  to
   their   enrollment   in   the  facilitated
   enrollment program, the number of families
   who receive a child care subsidy  pursuant
   to  this  program  who  choose to use such
   subsidy for regulated child care, and  the
 S. 9464--A                         12
 
   number  of  families  who  receive a child
   care subsidy pursuant to this program  who
   choose  to  use  such  subsidy  to receive
   child  care services provided by a legally
   exempt  provider.  Such  report  shall  be
   submitted by the program administrator, on
   or  before November 1, 2022, provided that
   if such report is not received by November
   30, 2022, reimbursement for administrative
   costs shall be either reduced or withheld,
   and failure of an administrator to  submit
   a timely report may jeopardize such admin-
   istrator's  program from receiving funding
   in future  years.  The  administrator  for
   this  pilot program shall submit bimonthly
   reports to  the  office  of  children  and
   family services, the local social services
   district,  the  administration  for  chil-
   dren's services, and the legislature. Each
   bi-monthly report  shall  provide  without
   benefit  of  personal identifying informa-
   tion, the pilot program's current  enroll-
   ment level, amount of the child's subsidy,
   co-payment  levels, and any other informa-
   tion as needed or required by  the  office
   of  children and family services. Further,
   the office of children and family services
   shall provide technical assistance to  the
   pilot   program  to  assist  with  program
   administration and timely coordination  of
   the  bi-monthly claiming process. Notwith-
   standing any other provision of law,  this
   pilot  program  maintained  herein  may be
   terminated if the administrator  for  such
   program mismanages such program, by engag-
   ing  in  actions including but not limited
   to, improper use of funds,  providing  for
   child  care  subsidies  in  excess  of the
   amount the  subsidy  funding  appropriated
   herein  can support, and failing to submit
   claims for reimbursement in a timely fash-
   ion .......................................... 1,500,000
 
                      DEPARTMENT OF FAMILY ASSISTANCE
               OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
 
                        AID TO LOCALITIES   2022-23
 
 EMPLOYMENT AND INCOME SUPPORT PROGRAM .................... 5,186,541,000
                                                           --------------
 
   Special Revenue Funds - Federal
   Federal Health and Human Services Fund
   Temporary Assistance for Needy Families Account - 25178
 S. 9464--A                         13
 
 Notwithstanding any  inconsistent  provision
   of  law,  the  funds  appropriated  herein
   shall be available  for  transfer  to  the
   federal  health  and  human services fund,
   local assistance account, federal day care
   account   to  continue  operation  of  the
   facilitated enrollment  pilot  program  in
   Capital Region-Oneida (consisting of Rens-
   selaer,  Schenectady, Saratoga, Albany and
   Oneida counties) as provided  to  the  NYS
   AFL-CIO Workforce Development Institute to
   act  or continue to act as the administra-
   tor to implement the program  proposed  by
   the  union child care coalition of the NYS
   AFL-CIO and  approved  by  the  office  of
   children and family services. The adminis-
   trative  cost,  including  the cost of the
   development of the evaluation of the pilot
   program shall not exceed  ten  percent  of
   the  funds available for this purpose. The
   remaining portion of the  funds  shall  be
   allocated  by  the  office of children and
   family  services  to  the   local   social
   services  districts  where  the  recipient
   families  reside  as  determined  by   the
   project  administrator  based on projected
   need and  cost  of  providing  child  care
   subsidies   payment  to  working  families
   enrolled through the pilot  initiative,  a
   local  social  services district shall not
   reimburse subsidy payments  in  excess  of
   the  amount  the subsidy funding appropri-
   ated herein can support. Child care subsi-
   dies paid on behalf of  eligible  families
   shall  be reimbursed at the actual cost of
   care up to the applicable market rate  for
   the   district  in  which  child  care  is
   provided and in accordance  with  the  fee
   schedule  of  the  local  social  services
   district making the subsidy payment. Up to
   $254,900 shall be made  available  to  the
   NYS  AFL-CIO  Workforce Development Insti-
   tute, or other  designated  administrator,
   to  administer  and  to  implement  a plan
   approved by the  office  of  children  and
   family  services for this pilot program in
   consultation with the advisory council.
 This administrator shall prepare and  submit
   to  the  office  of  children  and  family
   services, the chairs of the senate commit-
   tee on social services, the senate commit-
   tee on children and families,  the  senate
   committee  on  labor,  the  chairs  of the
   assembly committee on children  and  fami-
   lies, and the assembly committee on social
   services,  an evaluation of the pilot with
 S. 9464--A                         14
 
   recommendations.  Such  evaluation   shall
   include  available  information  regarding
   the pilot programs or participants in  the
   pilot  programs, including but not limited
   to: the number of income eligible children
   of working  parents  with  income  greater
   than 200 percent but at or less than [275]
   300  percent of the federal poverty level,
   the ages of the  children  served  by  the
   project,  the number of families served by
   the project who are in receipt  of  family
   assistance,   the   factors  that  parents
   considered when searching for child  care,
   the  factors  that  barred  the  families'
   access to child care assistance  prior  to
   their   enrollment   in   the  facilitated
   enrollment program, the number of families
   who receive a child care subsidy  pursuant
   to  this  program  who  choose to use such
   subsidy for regulated child care, and  the
   number  of  families  who  receive a child
   care subsidy pursuant to this program  who
   choose  to  use  such  subsidy  to receive
   child care services provided by a  legally
   exempt  provider.  Such  report  shall  be
   submitted by the applicable project admin-
   istrator, on or before November  1,  2022,
   provided   that  if  such  report  is  not
   received by November 30, 2022,  reimburse-
   ment  for  administrative  costs  shall be
   either reduced or withheld, and failure of
   an administrator to submit a timely report
   may   jeopardize   such    administrator's
   program  from  receiving funding in future
   years. Child care subsidies paid on behalf
   of eligible families shall  be  reimbursed
   at  the  actual  cost  of  care  up to the
   applicable market rate for the district in
   which  the  child  care  is  provided,  in
   accordance  with  the  fee schedule of the
   local social services district making  the
   subsidy  payments.  The  administrator for
   this pilot project is required  to  submit
   bi-monthly reports on the fifteenth day of
   every  other  month  beginning  on May 15,
   2022  and   bi-monthly   thereafter   that
   provide current enrollment and information
   including,  but not limited to, the amount
   of the approved subsidy level,  the  level
   of co-payment by the local social services
   district  required for the participants in
   the program, the program's adopted  budget
   reflecting all expenses including salaries
   and  other  information  as needed, to the
   office of children  and  family  services,
   the  chairs  of  the  senate  committee on
 S. 9464--A                         15
 
   social services, the senate  committee  on
   children  and families, the senate commit-
   tee on labor, the chairs of  the  assembly
   committee on children and families and the
   assembly committee on social services, and
   the local social services districts.
 Provided  however  that  if  such bi-monthly
   reports are not received from this Capital
   Region-Oneida administrator, reimbursement
   for administrative costs shall  be  either
   reduced  or  withheld  and  failure  of an
   administrator to submit  a  timely  report
   may    jeopardize   such   administrator's
   program from receiving funding  in  future
   years.  The  office of children and family
   services shall provide  technical  assist-
   ance  to  the  pilot  program to assist in
   timely  coordination  with   the   monthly
   claiming   process.   Notwithstanding  any
   other provision of law, this pilot program
   maintained herein may be terminated if the
   administrator for such program  mismanages
   such   program,  by  engaging  in  actions
   including but not limited to, improper use
   of funds, providing for child care  subsi-
   dies  in  excess of the amount the subsidy
   funding appropriated herein  can  support,
   and   failing   to   submit   claims   for
   reimbursement in a timely fashion (52211) .... 2,549,000
 Notwithstanding any  inconsistent  provision
   of  law,  the  funds  appropriated herein,
   shall be available  for  transfer  to  the
   federal  health  and  human services fund,
   local assistance account, federal day care
   account to operate and support  enrollment
   in  the  child care facilitated enrollment
   pilot  programs  which  expand  access  to
   child  care subsidies for working families
   living or employed in  the  Liberty  Zone,
   the  boroughs  of  Brooklyn,  Queens,  and
   Bronx, and in the county of  Monroe,  with
   income  up  to  [275]  300  percent of the
   federal  poverty  level.  Of  the   amount
   appropriated  herein,  $2,185,000 shall be
   made  available  for  Monroe  county,  and
   $3,754,000 shall be made available for all
   other  projects.  Up  to $218,500 shall be
   made available to the  NYS  AFL-CIO  Work-
   force  Development Institute to administer
   Monroe county's program and to implement a
   plan approved by the  office  of  children
   and  family  services;  and up to $375,400
   shall be made available to the  Consortium
   for  Worker Education, Inc., to administer
   and to implement a plan  approved  by  the
   office of children and family services for
 S. 9464--A                         16
 
   the  programs in the Liberty Zone, and the
   boroughs of Brooklyn,  Queens  and  Bronx.
   Each  pilot  program  administrator  shall
   prepare  and submit to the office of chil-
   dren and family services,  the  chairs  of
   the senate committee on children and fami-
   lies  and  the  senate committee on social
   services,  the  chair  of   the   assembly
   committee  on  children  and families, the
   chair of the assembly committee on  social
   services,  the chair of the senate commit-
   tee on labor, and the chair of the  assem-
   bly  committee  on  labor, a report on the
   pilot with recommendations  for  continua-
   tion   or   dissolution   of  the  program
   supported  by  appropriate  documentation.
   Such   report   shall  include  available,
   information regarding the  pilot  programs
   or  participants  in  the  pilot programs,
   absent identifying information,  including
   but  not limited to: the number of income-
   eligible children of working parents  with
   income  greater than 200 percent but at or
   less than [275] 300 percent of the federal
   poverty level; the ages  of  the  children
   served by the project, the number of fami-
   lies  who  receive  a  child  care subsidy
   pursuant to this program who choose to use
   such subsidy for regulated child care, and
   the number of families who receive a child
   care subsidy pursuant to this program  who
   choose  to  use  such  subsidy  to receive
   child care services provided by a  legally
   exempt  provider.  Such  report  shall  be
   submitted by the applicable project admin-
   istrator, on or before November  1,  2022,
   provided   that  if  such  report  is  not
   received by November 1,  2022,  reimburse-
   ment  for  administrative  costs  shall be
   either reduced or withheld, and failure of
   an administrator to submit a timely report
   may jeopardize such program's  funding  in
   future  years.    Expenses  related to the
   development of the evaluation of the pilot
   programs shall  be  paid  from  the  pilot
   program's   administrative   set-aside  or
   non-state funds. The remaining portion  of
   the  project's funds shall be allocated by
   the office of children and family services
   to the  local  social  services  districts
   where  the  recipient  families  reside as
   determined by  the  project  administrator
   based  on  projected  needs  and  cost  of
   providing child care subsidy  payments  to
   working  families  enrolled  in  the child
   care subsidy  program  through  the  pilot
 S. 9464--A                         17
 
   initiative,   provided  however  that  the
   office of  children  and  family  services
   shall  not  reimburse  subsidy payments in
   excess  of  the amount the subsidy funding
   appropriated herein can  support  and  the
   applicable  local social services district
   shall not be required to  approve  or  pay
   for  subsidies  not  funded  herein. Child
   care subsidies paid on behalf of  eligible
   families shall be reimbursed at the actual
   cost  of  care up to the applicable market
   rate for the district in which  the  child
   care  is provided, for subsidy payments in
   accordance with the fee  schedule  of  the
   local  social services district making the
   subsidy  payments.  Pilot   programs   are
   required  to  submit bi-monthly reports to
   the  office   of   children   and   family
   services,   the   local   social  services
   district, and for programs located in  the
   city  of  New York, the administration for
   children's services, and the  legislature.
   Each  bi-monthly report must provide with-
   out benefit of personal identifying infor-
   mation,  the   pilot   program's   current
   enrollment  level,  amount  of the child's
   subsidy,  co-payment  levels   and   other
   information  as  needed or required by the
   office of children  and  family  services.
   Further, the office of children and family
   services  shall  provide technical assist-
   ance to the pilot program to  assist  with
   project  administration and timely coordi-
   nation of the bi-monthly claiming process.
   Notwithstanding  any  other  provision  of
   law,  any pilot programs maintained herein
   may be terminated if the administrator for
   such programs mismanages such programs, by
   engaging  in  actions  including  but  not
   limited to, improper use of funds, provid-
   ing  for child care subsidies in excess of
   the amount the subsidy  funding  appropri-
   ated  herein  can  support, and failing to
   submit claims for reimbursement in a time-
   ly fashion (52212) ........................... 5,939,000
 
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022.