S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7188
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 4, 2021
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend chapter 53 of the laws of  2021,  enacting  the  aid  to
   localities  budget,  in relation to funding for the child care facili-
   tated enrollment 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 2021, enacting the
 aid to localities budget, is amended by repealing the items herein below
 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 2021-22
 
 CHILD CARE PROGRAM ....................................... 3,289,971,200
                                                           --------------
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11765-01-1

 S. 7188                             2
 
   care  subsidies  for  working families who
   live or are employed  in  Onondaga  County
   with  income  up  to  275  percent  of the
   federal  poverty  level as provided to the
   [Consortium  for  Worker  Education]   NYS
   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
   purpose  shall  be  made  available to the
   [Consortium  for  Worker  Education]   NYS
   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

 S. 7188                             3
 
   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
   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, 2021, provided  that
   if such report is not received by November
   30, 2021, 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

 S. 7188                             4
 
   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 Erie  County  with
   income  up  to  275 percent of the federal
   poverty level as provided to the  [Consor-
   tium  for  Worker  Education]  NYS AFL-CIO
   WORKFORCE DEVELOPMENT INSTITUTE 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]  NYS AFL-CIO WORKFORCE DEVELOP-
   MENT INSTITUTE, or other designated admin-
   istrator, to administer and to implement a
   plan approved by the  office  of  children
   and   family   services   for  this  pilot
   program. This administrator shall  prepare

 S. 7188                             5
 
   and  submit  to the office of children and
   family 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
   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, 2021, provided  that
   if such report is not received by November
   30, 2021, 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

 S. 7188                             6
 
   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
 
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2021.