Assembly Bill A8852A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8852--A
 
                           I N  A S S E M B L Y
 
                             January 18, 2024
                                ___________
 
 Introduced  by M. of A. CLARK -- read once and referred to the Committee
   on Children and Families -- recommitted to the Committee  on  Children
   and  Families  in accordance with Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the tax law,  in  relation  to  establishing  the  early
   learning  child  care act; to amend the state finance law, in relation
   to establishing the early learning child care fund; and to  amend  the
   social  services  law,  in relation to establishing the early learning
   child care program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be known and may be cited as the "Early
 Learning Child Care Act".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares that New Yorkers are  struggling  to  find  quality  affordable
 child  care where the federal government and New York state have ignored
 their duty to provide children, particularly infants,  with  affordable,
 safe and proper care.
   The  legislature hereby finds and declares that recent studies suggest
 that working parents earning the median household wage must spend nearly
 31% of their income to afford center-based child care. Child care in New
 York city has an  average  annual  cost  for  infants  and  toddlers  in
 center-based child care of nearly nineteen thousand dollars, while home-
 based child care can cost over ten thousand dollars annually.
   The  legislature  hereby  finds and declares that currently child care
 agencies cannot afford to pay their workforce because of low  reimburse-
 ment  rates that have left the industry understaffed, with high employee
 turnover and employees living in poverty.
   Therefore, the legislature hereby finds and declares that the  govern-
 ment has an obligation to curb child care costs for families and provide
 a  proper education and environment to children under five years of age,
 while investing in the human infrastructure to make sure  providers  and
 educators are properly compensated and trained.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06315-03-4
 A. 8852--A                          2
 
   §  3.  The  tax law is amended by adding a new article 24-C to read as
 follows:
                                ARTICLE 24-C
                       EARLY LEARNING CHILD CARE ACT
 SECTION 875. DEFINITIONS.
         876. IMPOSITION OF TAX AND RATE.
         877. PASS THROUGH OF TAX PROHIBITED.
         878. EXEMPTION OVERRIDE.
         879. PAYMENT OF TAX.
         880. DEPOSIT AND DISPOSITION OF REVENUE.
         881. PROCEDURAL PROVISIONS.
         882. ENFORCEMENT WITH OTHER TAXES.
   § 875. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   (A)  EMPLOYER.  EMPLOYER  MEANS  AN  EMPLOYER  REQUIRED BY SECTION SIX
 HUNDRED SEVENTY-ONE OF THIS CHAPTER TO  DEDUCT  AND  WITHHOLD  TAX  FROM
 WAGES, THAT HAS A PAYROLL EXPENSE IN EXCESS OF TWO THOUSAND FIVE HUNDRED
 THOUSAND DOLLARS IN ANY CALENDAR YEAR; OTHER THAN:
   (1) ANY AGENCY OR INSTRUMENTALITY OF THE UNITED STATES;
   (2) THE UNITED NATIONS;
   (3)  AN INTERSTATE AGENCY OR PUBLIC CORPORATION CREATED PURSUANT TO AN
 AGREEMENT OR COMPACT WITH ANOTHER STATE OR THE DOMINION OF CANADA.
   (B) PAYROLL EXPENSE. PAYROLL EXPENSE MEANS WAGES AND  COMPENSATION  AS
 DEFINED  IN SECTIONS 3121 AND 3231 OF THE INTERNAL REVENUE CODE (WITHOUT
 REGARD TO SECTION 3121(A)(1) AND SECTION 3231(E)(2)(A)(I)), PAID TO  ALL
 COVERED EMPLOYEES.
   (C)  COVERED  EMPLOYEE.  COVERED  EMPLOYEE  MEANS  AN  EMPLOYEE WHO IS
 EMPLOYED IN THE STATE OF NEW YORK.
   § 876. IMPOSITION OF TAX AND RATE.  (A) FOR THE PURPOSE  OF  PROVIDING
 AN  ADDITIONAL  STABLE  AND RELIABLE DEDICATED FUNDING SOURCE TO ADDRESS
 CHILD CARE AFFORDABILITY, ACCESSIBILITY, AND QUALITY FOR  FAMILIES  WITH
 CHILDREN  UNDER  FIVE YEARS OF AGE, A TAX IS HEREBY IMPOSED ON EMPLOYERS
 AND INDIVIDUALS AS FOLLOWS: (1) FOR EMPLOYERS  WHO  ENGAGE  IN  BUSINESS
 WITHIN  THE STATE, THE TAX IS IMPOSED AT A RATE OF (A) ELEVEN HUNDREDTHS
 (.11) PERCENT OF THE PAYROLL EXPENSE FOR EMPLOYERS WITH PAYROLL  EXPENSE
 NO  GREATER  THAN  THREE  HUNDRED  SEVENTY-FIVE  THOUSAND DOLLARS IN ANY
 CALENDAR QUARTER, (B)  TWENTY-THREE  HUNDREDTHS  (.23)  PERCENT  OF  THE
 PAYROLL  EXPENSE  FOR  EMPLOYERS WITH PAYROLL EXPENSE GREATER THAN THREE
 HUNDRED SEVENTY-FIVE THOUSAND DOLLARS AND NO GREATER THAN  FOUR  HUNDRED
 THIRTY-SEVEN  THOUSAND FIVE HUNDRED DOLLARS IN ANY CALENDAR QUARTER, AND
 (C) THIRTY-FOUR HUNDREDTHS (.34) PERCENT  OF  THE  PAYROLL  EXPENSE  FOR
 EMPLOYERS  WITH  PAYROLL  EXPENSE IN EXCESS OF FOUR HUNDRED THIRTY-SEVEN
 THOUSAND FIVE HUNDRED DOLLARS IN ANY CALENDAR QUARTER.  IF THE  EMPLOYER
 IS  A  PROFESSIONAL  EMPLOYER  ORGANIZATION,  AS DEFINED IN SECTION NINE
 HUNDRED SIXTEEN OF THE LABOR LAW, THE EMPLOYER'S TAX SHALL BE CALCULATED
 BY DETERMINING THE PAYROLL EXPENSE ATTRIBUTABLE TO EACH CLIENT  WHO  HAS
 ENTERED  INTO  A  PROFESSIONAL EMPLOYER AGREEMENT WITH SUCH ORGANIZATION
 AND THE PAYROLL EXPENSE ATTRIBUTABLE TO SUCH ORGANIZATION ITSELF, MULTI-
 PLYING EACH OF THOSE PAYROLL EXPENSE AMOUNTS BY THE APPLICABLE RATE  SET
 FORTH  IN  THIS  PARAGRAPH  AND ADDING THOSE PRODUCTS TOGETHER.  (2) FOR
 INDIVIDUALS, THE TAX IS IMPOSED AT  A  RATE  OF  THIRTY-FOUR  HUNDREDTHS
 (.34)  PERCENT  OF  THE NET EARNINGS FROM SELF-EMPLOYMENT OF INDIVIDUALS
 THAT ARE ATTRIBUTABLE TO THE STATE IF SUCH EARNINGS ATTRIBUTABLE TO  THE
 STATE EXCEED FIFTY THOUSAND DOLLARS FOR THE TAX YEAR.
   (B)(1)  AN  INDIVIDUAL  HAVING  NET EARNINGS FROM SELF-EMPLOYMENT FROM
 ACTIVITY BOTH WITHIN AND WITHOUT THE STATE IS REQUIRED TO  ALLOCATE  AND
 APPORTION  SUCH  NET  EARNINGS  TO  THE STATE IN THE MANNER REQUIRED FOR
 A. 8852--A                          3
 
 ALLOCATION AND APPORTIONMENT OF INCOME UNDER ARTICLE TWENTY-TWO OF  THIS
 CHAPTER.
   (2) IN THE CASE OF INDIVIDUALS WITH EARNINGS FROM SELF-EMPLOYMENT, THE
 NET   EARNINGS  FROM  SELF-EMPLOYMENT  THRESHOLD  IN  PARAGRAPH  TWO  OF
 SUBSECTION (A) OF THIS SECTION WILL BE COMPUTED ON AN  INDIVIDUAL  BASIS
 REGARDLESS  OF WHETHER THAT INDIVIDUAL FILED A JOINT PERSONAL INCOME TAX
 RETURN.
   (C) THE DETERMINATION OF WHETHER A COVERED EMPLOYEE IS EMPLOYED WITHIN
 THE STATE WILL BE MADE BY UTILIZING THE RULES APPLICABLE TO  THE  JURIS-
 DICTION  OF  EMPLOYMENT  FOR  PURPOSES  OF  THE STATEWIDE WAGE REPORTING
 SYSTEM UNDER SECTION ONE HUNDRED SEVENTY-ONE-A OF THIS CHAPTER.
   § 877. PASS THROUGH OF TAX PROHIBITED. AN EMPLOYER CANNOT DEDUCT  FROM
 THE  WAGES OR COMPENSATION OF AN EMPLOYEE ANY AMOUNT THAT REPRESENTS ALL
 OR ANY PORTION OF THE TAX IMPOSED ON THE EMPLOYER UNDER THIS ARTICLE.
   § 878. EXEMPTION OVERRIDE. (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF
 THIS SECTION, ANY EXEMPTION FROM TAX SPECIFIED IN  ANY  OTHER  NEW  YORK
 STATE LAW WILL NOT APPLY TO THE TAX IMPOSED BY THIS ARTICLE.
   (B) IN A TAX-FREE NY AREA APPROVED PURSUANT TO THE PROVISIONS OF ARTI-
 CLE  TWENTY-ONE  OF THE ECONOMIC DEVELOPMENT LAW, THE PAYROLL EXPENSE OF
 ANY EMPLOYER THAT IS LOCATED IN SUCH AREA AND ACCEPTED INTO THE START-UP
 NY PROGRAM SHALL BE EXEMPT FROM THE TAX IMPOSED UNDER THIS  ARTICLE.  IN
 ADDITION,  THE NET EARNINGS FROM SELF-EMPLOYMENT OF AN INDIVIDUAL FROM A
 BUSINESS IN SUCH TAX-FREE NY AREA THAT IS ACCEPTED INTO THE START-UP  NY
 PROGRAM SHALL BE EXEMPT FROM THE TAX IMPOSED UNDER THIS ARTICLE.
   §  879.  PAYMENT  OF  TAX. (A) EMPLOYERS WITH PAYROLL EXPENSE. THE TAX
 IMPOSED ON THE PAYROLL EXPENSE OF EMPLOYERS UNDER SECTION EIGHT  HUNDRED
 SEVENTY-SIX OF THIS ARTICLE FOR EACH CALENDAR QUARTER MUST BE PAID QUAR-
 TERLY  AT THE SAME TIME AS THE STATEWIDE WAGE REPORTING SYSTEM REPORT IS
 REQUIRED UNDER  SECTION  ONE  HUNDRED  SEVENTY-ONE-A  OF  THIS  CHAPTER;
 PROVIDED HOWEVER, THAT EMPLOYERS SUBJECT TO SECTION NINE OF THIS CHAPTER
 OTHER  THAN  SCHOOL  DISTRICTS  AS DEFINED IN SECTION THIRTY-SIX HUNDRED
 NINE-G OF THE EDUCATION LAW MUST PAY THE TAX ON THE PAYROLL  EXPENSE  AT
 THE  SAME  TIME  AS  THE  WITHHOLDING  TAX REMITTED UNDER THE ELECTRONIC
 PAYMENT REPORTING  SYSTEM  AND  THE  ELECTRONIC  FUNDS  TRANSFER  SYSTEM
 AUTHORIZED BY SECTION NINE OF THIS CHAPTER.
   (B)  INDIVIDUALS  WITH  NET EARNINGS FROM SELF-EMPLOYMENT. INDIVIDUALS
 WITH EARNINGS FROM SELF-EMPLOYMENT MUST MAKE ESTIMATED TAX  PAYMENTS  OF
 THE  TAX  IMPOSED BY THIS ARTICLE FOR THE TAXABLE YEAR ON THE SAME DATES
 SPECIFIED IN PARAGRAPH ONE OF SUBSECTION  (C)  OF  SECTION  SIX  HUNDRED
 EIGHTY-FIVE  OF  THIS CHAPTER. IN ADDITION, THESE SELF-EMPLOYED INDIVID-
 UALS MUST FILE A RETURN FOR THE TAXABLE YEAR BY THE FIFTEENTH DAY OF THE
 FOURTH MONTH FOLLOWING THE CLOSE OF THE TAXABLE YEAR. PARAGRAPH  ONE  OF
 SUBSECTION  (D) OF SECTION SIX HUNDRED EIGHTY-FIVE OF THIS CHAPTER SHALL
 NOT APPLY TO THE ESTIMATED TAX PAYMENTS REQUIRED BY THIS SUBSECTION.
   § 880. DEPOSIT AND DISPOSITION OF REVENUE. (A)  THE  TAXES,  INTEREST,
 AND  PENALTIES  IMPOSED BY THIS ARTICLE AND COLLECTED OR RECEIVED BY THE
 COMMISSIONER SHALL BE DEPOSITED DAILY WITH SUCH RESPONSIBLE BANKS, BANK-
 ING HOUSES OR TRUST COMPANIES, AS MAY BE DESIGNATED BY  THE  COMPTROLLER
 TO  THE  CREDIT OF THE COMPTROLLER IN TRUST FOR THE EARLY LEARNING CHILD
 CARE PROGRAM. AN ACCOUNT MAY BE ESTABLISHED  IN  ONE  OR  MORE  OF  SUCH
 DEPOSITORIES.  SUCH  DEPOSITS  WILL  BE KEPT SEPARATE AND APART FROM ALL
 OTHER MONEY IN THE POSSESSION OF THE COMPTROLLER.  THE COMPTROLLER SHALL
 REQUIRE ADEQUATE SECURITY FROM ALL SUCH  DEPOSITORIES.    OF  THE  TOTAL
 REVENUE  COLLECTED OR RECEIVED UNDER THIS ARTICLE, THE COMPTROLLER SHALL
 RETAIN SUCH AMOUNT AS THE COMMISSIONER MAY DETERMINE TO BE NECESSARY FOR
 REFUNDS UNDER THIS ARTICLE. THE COMMISSIONER IS AUTHORIZED AND  DIRECTED
 A. 8852--A                          4

 TO DEDUCT FROM THE AMOUNTS IT RECEIVES UNDER THIS ARTICLE, BEFORE DEPOS-
 IT  INTO  THE TRUST ACCOUNTS DESIGNATED BY THE COMPTROLLER, A REASONABLE
 AMOUNT NECESSARY TO EFFECTUATE REFUNDS OF APPROPRIATIONS OF THE  DEPART-
 MENT  TO  REIMBURSE THE DEPARTMENT FOR THE COSTS INCURRED TO ADMINISTER,
 COLLECT AND DISTRIBUTE THE TAXES IMPOSED BY THIS ARTICLE.
   (B) ON OR BEFORE THE TWELFTH AND TWENTY-SIXTH DAY OF  EACH  SUCCEEDING
 MONTH,  AFTER  RESERVING SUCH AMOUNT FOR SUCH REFUNDS AND DEDUCTING SUCH
 AMOUNTS FOR SUCH COSTS, AS  PROVIDED  FOR  IN  SUBSECTION  (A)  OF  THIS
 SECTION, THE COMMISSIONER SHALL CERTIFY TO THE COMPTROLLER THE AMOUNT OF
 ALL  REVENUES  SO  RECEIVED  DURING  THE  PRIOR MONTH AS A RESULT OF THE
 TAXES, INTEREST AND PENALTIES SO IMPOSED.  THE  AMOUNT  OF  REVENUES  SO
 CERTIFIED SHALL BE PAID OVER BY THE FIFTEENTH AND THE FINAL BUSINESS DAY
 OF  EACH  SUCCEEDING  MONTH FROM SUCH ACCOUNT WITHOUT APPROPRIATION INTO
 THE EARLY LEARNING CHILD CARE FUND ESTABLISHED PURSUANT TO SECTION NINE-
 TY-NINE-RR OF THE STATE FINANCE LAW, PROVIDED, HOWEVER, THAT  THE  COMP-
 TROLLER  SHALL ENSURE THAT ANY PAYMENTS TO THE EARLY LEARNING CHILD CARE
 FUND WHICH ARE DUE TO BE PAID BY THE FINAL BUSINESS DAY IN THE MONTH  OF
 DECEMBER  PURSUANT  TO  THIS  SUBSECTION  SHALL BE RECEIVED BY THE EARLY
 LEARNING CHILD CARE FUND ON THE SAME BUSINESS DAY IN WHICH IT IS PAID.
   § 881. PROCEDURAL PROVISIONS. (A) GENERAL. ALL PROVISIONS  OF  ARTICLE
 TWENTY-TWO OF THIS CHAPTER SHALL APPLY TO THE PROVISIONS OF THIS ARTICLE
 IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS IF THE LANGUAGE
 OF ARTICLE TWENTY-TWO OF THIS CHAPTER HAD BEEN INCORPORATED IN FULL INTO
 THIS  ARTICLE  AND  HAD  BEEN  SPECIFICALLY  ADJUSTED  FOR AND EXPRESSLY
 REFERRED TO THE TAX IMPOSED BY THIS ARTICLE, EXCEPT TO THE  EXTENT  THAT
 ANY PROVISION IS EITHER INCONSISTENT WITH A PROVISION OF THIS ARTICLE OR
 IS NOT RELEVANT TO THIS ARTICLE. NOTWITHSTANDING THE PRECEDING SENTENCE,
 NO  CREDIT AGAINST TAX IN ARTICLE TWENTY-TWO OF THIS CHAPTER CAN BE USED
 TO OFFSET THE TAX DUE UNDER THIS ARTICLE.
   (B) COMBINED FILINGS. NOTWITHSTANDING ANY  OTHER  PROVISIONS  OF  THIS
 ARTICLE:
   (1)  THE  COMMISSIONER  MAY  REQUIRE  THE  FILING OF A COMBINED RETURN
 WHICH, IN ADDITION TO THE RETURN  PROVIDED  FOR  IN  SUBSECTION  (B)  OF
 SECTION EIGHT HUNDRED SEVENTY-NINE OF THIS ARTICLE, MAY ALSO INCLUDE ANY
 OF  THE  RETURNS  REQUIRED  TO  BE  FILED  BY A TAXPAYER PURSUANT TO THE
 PROVISIONS OF SECTION SIX HUNDRED FIFTY-ONE OF THIS  CHAPTER  AND  WHICH
 MAY  BE  REQUIRED TO BE FILED BY SUCH TAXPAYER PURSUANT TO ANY LOCAL LAW
 ENACTED PURSUANT TO THE AUTHORITY OF ARTICLE THIRTY, THIRTY-A  OR  THIR-
 TY-B OF THIS CHAPTER.
   (2)  WHERE  A  COMBINED  RETURN  IS  REQUIRED, AND WITH RESPECT TO THE
 PAYMENT OF ESTIMATED TAX, THE COMMISSIONER MAY ALSO REQUIRE THE  PAYMENT
 TO  IT  OF  A  SINGLE  AMOUNT WHICH SHALL EQUAL THE TOTAL OF THE AMOUNTS
 (TOTAL TAXES LESS ANY CREDITS OR REFUNDS) WHICH WOULD HAVE BEEN REQUIRED
 TO BE PAID WITH THE RETURNS OR IN PAYMENT OF ESTIMATED TAX  PURSUANT  TO
 THE  PROVISIONS OF THIS ARTICLE, THE PROVISIONS OF ARTICLE TWENTY-TWO OF
 THIS CHAPTER, AND THE PROVISIONS OF LOCAL LAWS ENACTED UNDER THE AUTHOR-
 ITY OF ARTICLE THIRTY, THIRTY-A OR THIRTY-B OF THIS CHAPTER.
   (3) NOTWITHSTANDING ANY OTHER LAW TO THE  CONTRARY,  THE  COMMISSIONER
 MAY  REQUIRE  THAT  ALL  FILINGS  OF FORMS OR RETURNS UNDER THIS ARTICLE
 SHALL BE FILED ELECTRONICALLY AND ALL PAYMENTS  OF  TAX  SHALL  BE  PAID
 ELECTRONICALLY.
   § 882. ENFORCEMENT WITH OTHER TAXES. (A) JOINT ASSESSMENT. IF THERE IS
 ASSESSED  A  TAX  UNDER  THIS  ARTICLE  AND THERE IS ALSO ASSESSED A TAX
 AGAINST THE SAME TAXPAYER PURSUANT TO ARTICLE TWENTY-TWO OF THIS CHAPTER
 OR UNDER A LOCAL LAW ENACTED PURSUANT TO THE AUTHORITY OF ARTICLE  THIR-
 TY,  THIRTY-A,  OR  THIRTY-B  OF  THIS  CHAPTER, AND PAYMENT OF A SINGLE
 A. 8852--A                          5
 
 AMOUNT IS REQUIRED UNDER THE PROVISIONS OF THIS  ARTICLE,  SUCH  PAYMENT
 SHALL  BE DEEMED TO HAVE BEEN MADE WITH RESPECT TO THE TAXES SO ASSESSED
 IN PROPORTION TO THE AMOUNTS OF SUCH TAXES DUE,  INCLUDING  TAX,  PENAL-
 TIES, INTEREST AND ADDITIONS TO TAX.
   (B)  JOINT ACTION. IF THE COMMISSIONER TAKES ACTION UNDER SUCH ARTICLE
 TWENTY-TWO OR UNDER A LOCAL LAW ENACTED PURSUANT  TO  THE  AUTHORITY  OF
 ARTICLE  THIRTY,  THIRTY-A,  OR THIRTY-B OF THIS CHAPTER WITH RESPECT TO
 THE ENFORCEMENT AND COLLECTION OF THE TAX OR TAXES ASSESSED  UNDER  SUCH
 ARTICLES,  THE  COMMISSIONER  SHALL,  WHENEVER  POSSIBLE  AND NECESSARY,
 ACCOMPANY SUCH ACTION WITH A SIMILAR ACTION  UNDER  SIMILAR  ENFORCEMENT
 AND COLLECTION PROVISIONS OF THE TAX IMPOSED BY THIS ARTICLE.
   (C)  APPORTIONMENT  OF  MONEYS  COLLECTED  BY JOINT ACTION. ANY MONEYS
 COLLECTED AS A RESULT OF SUCH JOINT ACTION SHALL BE DEEMED TO HAVE  BEEN
 COLLECTED  IN  PROPORTION  TO THE AMOUNTS DUE, INCLUDING TAX, PENALTIES,
 INTEREST AND ADDITIONS TO TAX, UNDER ARTICLE TWENTY-TWO OF THIS  CHAPTER
 OR  UNDER A LOCAL LAW ENACTED PURSUANT TO THE AUTHORITY OF ARTICLE THIR-
 TY, THIRTY-A, OR THIRTY-B OF THIS CHAPTER AND THE TAX  IMPOSED  BY  THIS
 ARTICLE.
   (D)  JOINT  DEFICIENCY  ACTION.  WHENEVER  THE  COMMISSIONER TAKES ANY
 ACTION WITH RESPECT TO A DEFICIENCY OF INCOME TAX UNDER ARTICLE  TWENTY-
 TWO OF THIS CHAPTER OR UNDER A LOCAL LAW ENACTED PURSUANT TO THE AUTHOR-
 ITY OF ARTICLE THIRTY, THIRTY-A, OR THIRTY-B OF THIS CHAPTER, OTHER THAN
 THE ACTION SET FORTH IN SUBSECTION (A) OF THIS SECTION, THE COMMISSIONER
 MAY IN HIS OR HER DISCRETION ACCOMPANY SUCH ACTION WITH A SIMILAR ACTION
 UNDER THIS ARTICLE.
   § 4. The state finance law is amended by adding a new section 99-rr to
 read as follows:
   §  99-RR.  EARLY  LEARNING  CHILD CARE FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER OF TAXATION AND FINANCE A FUND TO BE KNOWN  AS  THE  "EARLY  LEARNING
 CHILD CARE FUND".
   2.  SUCH  FUND  SHALL  CONSIST  OF ALL REVENUES RECEIVED BY THE STATE,
 PURSUANT TO THE PROVISIONS OF ARTICLE TWENTY-FOUR-C OF THE TAX  LAW  AND
 ALL  OTHER  MONEYS  APPROPRIATED  THERETO  FROM ANY OTHER FUND OR SOURCE
 PURSUANT TO LAW. NOTHING CONTAINED IN THIS  SECTION SHALL PREVENT    THE
 STATE  FROM  RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE
 FUND AS DEFINED IN THIS  SECTION  AND  DEPOSITING  THEM  INTO  THE  FUND
 ACCORDING TO LAW.
   3.  MONEYS  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF SOCIAL SERVICES.
   §  5.  Article 6 of the social services law is amended by adding a new
 title 5-D to read as follows:
                                 TITLE 5-D
                     EARLY LEARNING CHILD CARE PROGRAM
 SECTION 410-AA. DEFINITIONS.
         410-BB. EARLY LEARNING CHILD CARE PROGRAM.
         410-CC. FINANCIAL ASSISTANCE TO  QUALIFIED  AGENCIES  FOR  EARLY
                   LEARNING CHILD CARE PROGRAM AND ENROLLMENT.
         410-DD. DROP-IN CARE.
         410-EE. APPLICATION AND ELIGIBILITY FOR FAMILIES.
         410-FF. CHILD CARE STABILIZATION GRANT.
         410-GG. EXPANSION GRANTS; TAX INCENTIVES.
         410-HH. TRAINING, TECHNICAL ASSISTANCE AND PROFESSIONAL DEVELOP-
                   MENT FUNDING.
         410-II. COORDINATION AND INTEGRATION FUNDS.
 A. 8852--A                          6
 
         410-JJ. REPORTING REQUIREMENTS.
         410-KK. ENFORCEMENT.
         410-LL.  TASKFORCE TO STUDY AFTER SCHOOL PROGRAMMING FOR FIVE TO
                   TWELVE YEAR OLD CHILDREN AND CRISIS CARE.
   § 410-AA. DEFINITIONS. AS USED IN THIS TITLE, THE TERM:
   1. "QUALIFIED AGENCY" MEANS ANY IN FAMILY DAY CARE HOMES, GROUP FAMILY
 DAY CARE HOMES, HEAD START PROGRAMS OR CENTER-BASED CHILD CARE  THAT  IS
 CERTIFIED AND LICENSED BY THE STATE.
   2.  "EARLY LEARNING CHILD CARE PROGRAM" MEANS A CHILD CARE PROGRAM FOR
 A CHILD NOT LESS THAN SIX WEEKS OF AGE AND NOT MORE THAN FIVE  YEARS  OF
 AGE  WHO HAS NOT YET STARTED KINDERGARTEN THAT IS PROVIDED IN FAMILY DAY
 CARE HOMES, GROUP FAMILY DAY CARE HOMES, HEAD START PROGRAMS OR  CENTER-
 BASED CHILD CARE THAT IS CERTIFIED AND LICENSED BY THE STATE.
   3. "COVERED CHILD" MEANS A CHILD:
   (A) WHO IS LESS THAN FIVE YEARS OF AGE; OR
   (B) WHO IS NOT YET IN KINDERGARTEN.
   4. "FINANCIAL ASSISTANCE" MEANS ASSISTANCE PROVIDED BY GRANT FOR WHICH
 PAYMENTS  MAY  BE  MADE  IN  INSTALLMENTS  AND  IN  ADVANCE OR BY WAY OF
 REIMBURSEMENT WITH NECESSARY ADJUSTMENTS ON ACCOUNT OF  OVERPAYMENTS  OR
 UNDERPAYMENTS.
   5. "LOW-INCOME", WITH RESPECT TO A CHILD OR OTHER INDIVIDUAL, MEANS AN
 INDIVIDUAL  IN  A FAMILY WITH A FAMILY INCOME THAT IS NOT MORE THAN FOUR
 HUNDRED PERCENT OF THE POVERTY LINE.
   6. "POVERTY LINE" MEANS THE OFFICIAL POVERTY LINE, AS DEFINED  BY  THE
 FEDERAL  OFFICE  OF MANAGEMENT AND BUDGET, BASED ON THE MOST RECENT DATA
 AVAILABLE FROM THE BUREAU OF THE CENSUS: (A)  ADJUSTED  TO  REFLECT  THE
 PERCENTAGE  CHANGE  IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS,
 ISSUED BY THE BUREAU OF LABOR STATISTICS, DURING  THE  ANNUAL  OR  OTHER
 INTERVAL  IMMEDIATELY  PRECEDING  THE  DATE  ON WHICH SUCH ADJUSTMENT IS
 MADE; AND (B) ADJUSTED FOR FAMILY SIZE.
   7. "PROFESSIONAL DEVELOPMENT" MEANS THE CAREER PATHWAY  ALIGNED  MECH-
 ANISMS  THAT  CONTRIBUTE TO ENSURING THAT A MEMBER OF THE EARLY CARE AND
 EDUCATION WORKFORCE, IN ANY SETTING, HAS OR IS WORKING TOWARDS OBTAINING
 THE DEGREES, CREDENTIALS, AND OTHER TRAININGS NEEDED TO DEMONSTRATE  THE
 NECESSARY KNOWLEDGE AND COMPETENCIES FOR QUALITY PROVISION OF CHILD CARE
 AND EARLY LEARNING SERVICES.
   8. "EXPANSION GRANT" MEANS A MONETARY GRANT PROVIDED ON A YEARLY BASIS
 TO  PROVIDE  ELIGIBLE  AGENCIES  WITH  FUNDS  FOR  CAPITAL IMPROVEMENTS,
 SUPPLIES, AND OTHER MISCELLANEOUS CAPITAL FUNDS ASSOCIATED WITH BUILDING
 AND MAINTAINING AN EARLY LEARNING CHILD CARE PROGRAM.
   9. "CHILD CARE STABILIZATION GRANT" MEANS A MONETARY GRANT PROVIDED IN
 FISCAL YEAR TWO THOUSAND TWENTY-FOUR TO HELP CHILD  CARE  PROVIDERS  PAY
 THEIR  WORKFORCE A COMPETITIVE WAGE AND TO HIRE MORE WORKERS AT A HIGHER
 WAGE.
   10. "INCOME ELIGIBILITY FEE SCALE" MEANS A FORMULA USED  TO  DETERMINE
 HOW MUCH A FAMILY WILL SPEND ON CHILD CARE BASED ON THEIR INCOME AND HOW
 MUCH  WILL BE SUBSIDIZED THROUGH THE UNIVERSAL CHILD CARE PROGRAM PURSU-
 ANT TO SECTION FOUR HUNDRED TEN-EE OF THIS TITLE.
   11. "EARLY LEARNING PROGRAM PROPOSAL" MEANS A  PLAN  PUT  TOGETHER  BY
 QUALIFIED AGENCIES DESIGNED TO EFFECTIVELY SERVE COVERED CHILDREN.
   12.  "SESSION" MEANS ONE EARLY LEARNING CHILD CARE PROGRAM CLASS OPER-
 ATING PURSUANT TO TIME, STAFF RATIO AND  OTHER  REGULATORY  REQUIREMENTS
 SET FORTH.
   13. "FULL WORKING DAY" MEANS NOT LESS THAN TEN HOURS PER DAY.
   14.  "NON-SCHOOL  HOURS"  MEANS:  (A) THE DIFFERENCE BETWEEN A COVERED
 CHILD'S AVAILABLE HOURS IN THE EARLY LEARNING CHILD CARE  PROGRAM  MINUS
 A. 8852--A                          7
 
 THE  HOURS  IN  A  PREKINDERGARTEN  PROGRAM; AND (B) SUMMER VACATION AND
 PREKINDERGARTEN SCHOOL HOLIDAYS.
   15.  "CONTRACTED  CARE FACILITY" MEANS MANAGED ELIGIBLE AGENCIES, SUCH
 AS IN-HOME OR CENTER-BASED CARE  FACILITIES,  OR  SCHOOLS  OPERATING  AS
 EARLY  CARE  AND  LEARNING  PROGRAMS THAT ENTER INTO A CONTRACT WITH THE
 OFFICE OF CHILDREN AND FAMILY SERVICES, LOCAL DEPARTMENT OF EDUCATION OR
 OTHER QUALIFIED AGENCY TO MEET DETAILED AND  SPECIFIC  REQUIREMENTS  AND
 GOALS.
   16.  "DROP-IN  CARE"  MEANS  CARE PROVIDED TO A COVERED CHILD ON SHORT
 NOTICE ON A TEMPORARY BASIS AS TO HELP  FAMILIES  WITH  EMERGENCY  SITU-
 ATIONS.
   §  410-BB.  EARLY  LEARNING  CHILD  CARE PROGRAM. 1. THE DEPARTMENT IS
 HEREBY AUTHORIZED AND EMPOWERED  TO  ESTABLISH  AND  OPERATE  THE  EARLY
 LEARNING  CHILD  CARE  PROGRAM  AS  AUTHORIZED  PURSUANT TO SECTION FOUR
 HUNDRED TEN-EE OF THIS TITLE AND AS FUNDED PURSUANT TO  ARTICLE  TWENTY-
 FOUR-C  OF  THE TAX LAW. THE DEPARTMENT SHALL HAVE TWO DEDICATED REVENUE
 STREAMS SUPPORTING THE PROGRAM FOR CHILDREN UNDER  FIVE  YEARS  OLD  WHO
 HAVE  NOT  YET  STARTED  KINDERGARTEN.  ONE PART OF THE FUNDING SHALL BE
 DEDICATED TO BUILDING OUT THE NEEDED INFRASTRUCTURE FOR ESTABLISHING NEW
 CHILD CARE FACILITIES, TRAINING THE WORKFORCE, AND  INCREASING  CAPACITY
 IN EXISTING FACILITIES ACROSS THE STATE THROUGH GRANTS AND SCHOLARSHIPS.
 GRANTS  SHALL  INCLUDE  FUNDING  FOR CAPITAL PURCHASES AND IMPROVEMENTS,
 EXPANSION OF PROVIDER NETWORKS, TRAINING   ACTIVITIES  AND  PROFESSIONAL
 DEVELOPMENT PROGRAMS, HIRING MORE STAFF,  THE  REGULATION  AND  MONITOR-
 ING   OF THE PROGRAM, THE DEVELOPMENT OF  COMPUTERIZED DATA SYSTEMS, AND
 CONSUMER EDUCATION. THE SECOND PART OF THE FUNDING SHALL BE DEDICATED TO
 PROVIDING COVERED CHILDREN SUBSIDIES TO ATTEND QUALIFIED AGENCIES' EARLY
 LEARNING CHILD CARE PROGRAMS. UP TO TEN PERCENT OF SUCH FUNDING  MAY  BE
 USED  BY  THE  DEPARTMENT TO PROVIDE FUNDS TO SOCIAL SERVICES DISTRICTS,
 THE CHILD CARE RESOURCE AND REFERRAL PROGRAM, AND TO DESIGNATED PARTNERS
 OF THE SOCIAL SERVICES DISTRICTS TO ADMINISTER  THE  PROGRAM,  INCLUDING
 FOR  OUTREACH,  PROCESSING  APPLICATIONS,  HELPING FAMILIES AND ELIGIBLE
 AGENCIES  NAVIGATE  THE  APPLICATION  PROCESS,  SETTING  UP  LOCAL  DATA
 COLLECTION,  AND  ALL  OTHER  ADMINISTRATIVE  ACTIVITIES ASSOCIATED WITH
 ADMINISTERING THE PROGRAM.
   2. ALLOCATION OF FUNDS. (A) THE DEPARTMENT SHALL ANNUALLY ALLOCATE ALL
 FUNDS DEDICATED TO THE PROGRAM PURSUANT TO ARTICLE TWENTY-FOUR-C OF  THE
 TAX  LAW  TO  SOCIAL  SERVICES DISTRICTS ACCORDING TO AN ALLOCATION PLAN
 DEVELOPED BY THE  DEPARTMENT,  ELIGIBILITY  BASED  ON  THIS  TITLE,  AND
 APPROVED  BY  THE  DIRECTOR  OF THE BUDGET. THE ALLOCATION PLAN SHALL BE
 BASED, AT LEAST IN PART, ON HISTORICAL COSTS AND  ON  THE  AVAILABILITY,
 COST  OF,  AND  NEED  FOR  CHILD CARE ASSISTANCE IN EACH SOCIAL SERVICES
 DISTRICT. THE   COMMISSIONER   SHALL TAKE INTO ACCOUNT  THE  INCOMES  OF
 RESIDENTS  IN  THE  AREA  AND SHALL ALSO TAKE INTO ACCOUNT THE FEE SCALE
 PURSUANT TO SECTION FOUR HUNDRED TEN-EE OF THIS  TITLE.    ANNUAL  ALLO-
 CATIONS  SHALL  BE  MADE  ON A STATE FISCAL YEAR BASIS.  SOCIAL SERVICES
 DISTRICTS SHALL DEMONSTRATE AN ABILITY TO ADMINISTER THE PROGRAM.  IF  A
 SOCIAL  SERVICES  DISTRICT IS UNABLE TO DEMONSTRATE SUCH AN ABILITY, THE
 STATE SHALL BE THE ADMINISTRATOR OF THE COUNTY EARLY LEARNING PROGRAM.
   (B) SOCIAL SERVICES DISTRICTS SHALL EXPEND THE ALLOCATED MONEY FOR ALL
 ELIGIBLE EARLY LEARNING CHILD CARE PROGRAMS PURSUANT TO THIS TITLE WHICH
 ARE QUALIFIED AGENCIES BASED ON COVERED CHILDREN'S ELIGIBILITY  AND  THE
 COST ESTIMATION MODEL USED TO REIMBURSE AGENCIES, PURSUANT TO THIS TITLE
 AND THE RULES AND REGULATIONS ADOPTED BY THE DEPARTMENT.
   3.  EARLY  LEARNING CHILD CARE PROGRAMS SHALL FALL INTO TWO CATEGORIES
 BROADLY: (A) VOUCHER ELIGIBLE AGENCIES; AND (B) CONTRACTED CARE ELIGIBLE
 A. 8852--A                          8
 
 AGENCIES. SOCIAL SERVICES DISTRICTS SHALL HAVE AUTHORITY OVER  HOW  MUCH
 FUNDING    WILL  BE  DEDICATED  TO  THESE TWO CATEGORIES, AS LONG AS THE
 SOCIAL SERVICES DISTRICTS PROGRAM MEETS ALL REQUIREMENTS PURSUANT TO THE
 PROGRAM.
   4.  (A)  A  SOCIAL  SERVICES DISTRICT SHALL MAKE AWARDS FOR CONTRACTED
 CARE TO CONSOLIDATED APPLICATIONS SUBMITTED BY QUALIFIED AGENCIES  WHICH
 INCLUDE  EARLY LEARNING CHILD CARE PROGRAMS OFFERED BY NON-PROFIT ORGAN-
 IZATIONS, COMMUNITY-BASED ORGANIZATIONS, SCHOOLS, LIBRARIES,    MUSEUMS,
 AND/OR  CHARTER  SCHOOLS  WHICH  SHALL  DEMONSTRATE GEOGRAPHIC DIVERSITY
 WITHIN THE AREA TO BE SERVED AS WELL AS DIVERSITY OF PROVIDERS.
   (B) SOCIAL SERVICES DISTRICTS SHALL CERTIFY VOUCHER ELIGIBLE  PROGRAMS
 TO  APPLICATIONS  SUBMITTED  BY  QUALIFIED  AGENCIES WHICH INCLUDE EARLY
 LEARNING CHILD CARE PROGRAMS OFFERED BY IN-HOME CARE, CENTER-BASED CARE,
 INFORMAL CARE PROVIDERS WHO ARE FOR PROFIT OR NON-PROFIT  ORGANIZATIONS,
 COMMUNITY-BASED  ORGANIZATIONS,  CHARTER SCHOOLS, LIBRARIES AND MUSEUMS,
 WHICH MAY APPLY INDIVIDUALLY TO THE EXTENT ALLOWED UNDER  PARAGRAPH  (C)
 OF  THIS  SUBDIVISION.  ANY  CONSOLIDATED APPLICATION SHALL INCLUDE, BUT
 SHALL NOT BE LIMITED TO, THE NAMES OF INDIVIDUAL LOCATIONS  AND  PROVID-
 ERS,  APPLICABLE  LICENSES,  FACILITY  LEASE  INFORMATION,  AND INTENDED
 STAFFING PLANS.
   (C) PRIOR TO SUBMISSION  OF  A  CONSOLIDATED  APPLICATION,  THE  LOCAL
 COMMISSIONER  OF SOCIAL SERVICES SHALL WIDELY SOLICIT PROSPECTIVE ELIGI-
 BLE AGENCIES.  THE LOCAL COMMISSIONER OF SOCIAL  SERVICES  SHALL  NOTIFY
 ANY APPLICANT WHO HAS BEEN DENIED INCLUSION IN THE CONSOLIDATED APPLICA-
 TION  AND/OR HAS NOT BEEN CERTIFIED NO LATER THAN TWO WEEKS PRIOR TO THE
 SUBMISSION OF SUCH APPLICATION. SUCH ELIGIBLE PROVIDERS DENIED INCLUSION
 MAY APPLY INDIVIDUALLY AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   5. THE CHILD CARE RESOURCE AND REFERRAL PROGRAM  SHALL  RECEIVE  FUNDS
 TO:    (A)  HELP  QUALIFIED  AGENCIES AND PROSPECTIVE QUALIFIED AGENCIES
 NAVIGATE THE EARLY CHILD CARE  PROGRAM  APPLICATION  PROCESS,  INCLUDING
 MEETING OPERATING STANDARDS, HIRING STAFF, OFFERING COMPETITIVE WAGES TO
 RETAIN  OR  HIRE  NEW  STAFF,  AND  APPLYING FOR PROPER FUNDING BASED ON
 PROSPECTIVE COVERED CHILDREN'S ELIGIBILITY  FOR  THE  PROGRAM;  AND  (B)
 PROVIDE FAMILIES ASSISTANCE IN CONNECTING WITH EARLY LEARNING CHILD CARE
 PROGRAMS  ACROSS  THE STATE.  AS A CONDITION OF RECEIVING FUNDS PURSUANT
 TO  THIS  SECTION,  THE CHILD   CARE   RESOURCE   AND  REFERRAL  PROGRAM
 SHALL  DEMONSTRATE  THAT  IT IS RECEIVING OR HAS AN AGREEMENT TO RECEIVE
 FUNDS FROM SOURCES OTHER  THAN THE  DEPARTMENT  PURSUANT TO THIS TITLE.
   6. QUALIFIED AGENCIES SHALL APPLY TO THE OFFICE OF CHILDREN AND FAMILY
 SERVICES FOR FUNDS FOR PROSPECTIVE COVERED CHILDREN. ALL ELIGIBLE APPLI-
 CATIONS SHALL INCLUDE A COMMITMENT TO  USE  APPROPRIATE  ACCOUNTING  AND
 FISCAL  CONTROL  PROCEDURES  WHICH SHALL INCLUDE THE FILING OF AN ANNUAL
 FINANCIAL STATEMENT WHICH HAS BEEN AUDITED AS REQUIRED BY THE OFFICE  SO
 AS TO ENSURE:
   (A) THE PROPER DISBURSEMENT ACCOUNTING FOR FUNDS RECEIVED;
   (B)  APPROPRIATE  WRITTEN  RECORDS  REGARDING  THE  POPULATION SERVED,
 INCLUDING THE LEVEL OF FINANCIAL ASSISTANCE  NEEDED  AND  THE  TYPE  AND
 EXTENT OF SERVICES RENDERED; AND
   (C)  DATA  IS COLLECTED ON APPLICATIONS RECEIVED, FAMILIES SERVED, AND
 PROVIDERS APPROVED.
   7. QUALIFIED AGENCIES APPROVED TO RECEIVE FUNDING SHALL BE REQUIRED TO
 FOLLOW SECTION FOUR HUNDRED TEN-Q OF THIS ARTICLE TO PROVIDE INFORMATION
 TO PARENTS WHO CONTACT THE CERTIFIED CHILD CARE CENTER  ABOUT  THE  BEST
 CHILD CARE OPTIONS FOR PARENTS AND THEIR COVERED CHILD.
   8.  IN  ORDER  FOR  AN EARLY LEARNING PROGRAM APPLICATION BY QUALIFIED
 AGENCIES TO BE ACCEPTED AND APPROVED FOR FUNDING, A PROPOSAL SHALL:
 A. 8852--A                          9
 
   (A) INCLUDE A NEEDS ASSESSMENT OF  THE  AREA  WITHIN  THE  APPLICANT'S
 COMMUNITY;
   (B)  DEMONSTRATE  AN  ABILITY  TO OPERATE AFTER TYPICAL WORK HOURS FOR
 PARENTS WORKING A FULL WORKING DAY ON ATYPICAL HOURS;
   (C) PROVIDE FOR AGE AND  DEVELOPMENTALLY  APPROPRIATE  CURRICULUM  AND
 ACTIVITIES;
   (D) PROVIDE FOR PERIODIC ASSESSMENTS OF A CHILD'S DEVELOPMENT;
   (E)  PROVIDE A PROPER LEARNING ENVIRONMENT, MATERIALS AND SUPPLIES FOR
 CHILDREN TO  DEVELOP PROPERLY;
   (F) HAVE A ROBUST PLAN AND INFRASTRUCTURE TO  ENGAGE  AND  COMMUNICATE
 WITH FAMILIES;
   (G) MEET STAFFING REQUIREMENT CRITERIA CREATED BY THE DEPARTMENT;
   (H)  PROVIDE  ADEQUATE  TRAINING AND PROFESSIONAL DEVELOPMENT OPPORTU-
 NITIES FOR TEACHERS AND STAFF;
   (I) DEMONSTRATE THE QUALITY OF THE FACILITY;
   (J) DEMONSTRATE THE MANNER IN WHICH THE  PHYSICAL  WELL-BEING,  HEALTH
 AND NUTRITION ARE ADDRESSED;
   (K)  ENSURE EQUAL OPPORTUNITY BY ABIDING BY ALL STANDARDS SET BY TITLE
 III OF THE FEDERAL AMERICANS WITH DISABILITIES ACT  IN  ACCORDANCE  WITH
 STATE LAW;
   (L)  INCORPORATE AN IMPLICIT BIAS AND CULTURAL COMPETENCY TRAINING FOR
 CHILD CARE PROVIDERS, SPECIFICALLY FOCUSING ON SERVED POPULATION;
   (M) DEMONSTRATE COMPLIANCE WITH  LOCAL  HEALTH  LICENSING  AND  PERMIT
 REQUIREMENTS;
   (N)  OUTLINE THE CARE OPTIONS PROVIDED IN RELATION TO FULL WORKING DAY
 HOUR SESSIONS AND NON-SCHOOL HOUR SESSIONS; AND
   (O) OTHER STANDARDS DETERMINED BY THE DEPARTMENT.
   9. PURSUANT TO SECTION FOUR HUNDRED TEN-CC OF  THIS  TITLE,  AN  EARLY
 LEARNING  PROGRAM  SHALL  PAY  WORKERS A SALARY THAT IS EQUIVALENT TO NO
 LESS THAN FORTY-FIVE THOUSAND DOLLARS ANNUALLY FOR A FULL  TIME  TEACHER
 OR STAFF MEMBERS.
   10. THE DEPARTMENT SHALL CREATE A QUALITY STANDARD THAT ELIGIBLE AGEN-
 CIES  SHALL  MEET TO ACCEPT COVERED CHILDREN WHO QUALIFY FOR THE PREKIN-
 DERGARTEN PROGRAM, BUT WHOSE FAMILY CHOOSE TO PARTICIPATE IN  THE  EARLY
 LEARNING  CHILD  CARE PROGRAM INSTEAD. THIS STANDARD SHALL BE MET FOR AN
 ELIGIBLE AGENCY TO ACCEPT A COVERED CHILD FOR A FULL WORKING DAY SESSION
 INTO THE EARLY LEARNING CHILD CARE PROGRAM.
   11. AN EARLY LEARNING PROGRAM PROPOSAL SUBMITTED  UNDER  THIS  SECTION
 MAY  BE  DISAPPROVED  OR  A PRIOR DESIGNATION OF QUALIFIED AGENCY MAY BE
 WITHDRAWN ONLY IF  THE  COMMISSIONER,  IN  ACCORDANCE  WITH  REGULATIONS
 ESTABLISHED  BY  THE  COMMISSIONER,  HAS PROVIDED: (A) WRITTEN NOTICE OF
 INTENTION TO DISAPPROVE SUCH  PROPOSAL  OR  WITHDRAW  SUCH  DESIGNATION,
 INCLUDING A STATEMENT OF THE REASONS FOR SUCH DISAPPROVAL OR WITHDRAWAL;
 (B)  A  REASONABLE TIME IN WHICH TO SUBMIT CORRECTIVE AMENDMENTS TO SUCH
 PLAN OR UNDERTAKE OTHER NECESSARY CORRECTIVE ACTION.  PROVIDED, HOWEVER,
 THAT APPROVED FACILITIES SHALL BE  DISAPPROVED  OR  WITHDRAWN  FROM  THE
 PROGRAM WHEN THERE IS AN OPEN CHILD PROTECTIVE SERVICES INVESTIGATION OR
 IF A FACILITY HAS BEEN SUSPENDED OR CLOSED IN THE PAST DUE TO THE RESULT
 OF A CHILD PROTECTIVE SERVICES INVESTIGATION.
   12.  THE NEW YORK STATE CHILD CARE BOARD ESTABLISHED PURSUANT TO TITLE
 FIVE-E OF THIS ARTICLE SHALL  ADOPT  ALL  OTHER  RULES  AND  REGULATIONS
 NECESSARY TO ADMINISTER THE PROGRAM.
   §  410-CC. FINANCIAL ASSISTANCE TO QUALIFIED AGENCIES FOR EARLY LEARN-
 ING CHILD CARE PROGRAM AND  ENROLLMENT.  1.  SOCIAL  SERVICES  DISTRICTS
 SHALL  PROVIDE  FINANCIAL ASSISTANCE FOR CARRYING OUT THE EARLY LEARNING
 CHILD CARE PROGRAM TO QUALIFIED  AGENCIES.    THE  AMOUNT  OF  FINANCIAL
 A. 8852--A                         10
 
 ASSISTANCE PROVIDED SHALL BE BASED ON A COST ESTIMATION MODEL CREATED BY
 THE  DEPARTMENT  WHICH DETERMINES THE ACTUAL COST OF CARE IN RELATION TO
 THE INCOME ELIGIBILITY FEE SCALE FOR EACH COVERED CHILD OF THE  PROGRAM.
 THE  COST  ESTIMATION  MODEL  SHALL  BE  DETERMINED BY A REPORT FROM THE
 OFFICE OF CHILDREN AND FAMILY SERVICES.   THE FORMULA  SHALL  ALSO  TAKE
 INTO  ACCOUNT NEEDED WAGE INCREASES TO HIRE AND RETAIN ENOUGH CHILD CARE
 PROFESSIONALS TO MEET THE NEEDS OF THE PROGRAM IN RELATION TO THE  POSI-
 TION  OF  A  COVERED CHILD'S FAMILY ON THE INCOME ELIGIBILITY FEE SCALE.
 SUCH PAYMENT RATES SHALL TAKE INTO ACCOUNT THE VARIATIONS IN  THE  COSTS
 OF PROVIDING CHILD CARE IN DIFFERENT SETTINGS AND TO CHILDREN OF DIFFER-
 ENT  AGE  GROUPS,  AND  THE ADDITIONAL COSTS OF PROVIDING CHILD CARE FOR
 CHILDREN WITH SPECIAL NEEDS.
   2. QUALIFIED AGENCIES PARTICIPATING IN THE EARLY LEARNING  CHILD  CARE
 PROGRAM  SHALL  BE  REIMBURSED  BY  THE STATE BASED ON THE ENROLLMENT OF
 COVERED CHILDREN. FINANCIAL ASSISTANCE SHALL BE PROVIDED TO  THE  QUALI-
 FIED AGENCY REGARDLESS OF WHETHER A COVERED CHILD ATTENDS THEIR ASSIGNED
 SESSION OR NOT.
   3. WHEN DETERMINING THE MARKET RATE COST FOR EARLY CHILD CARE LEARNING
 PROGRAMS, THE DEPARTMENT SHALL TAKE INTO ACCOUNT:
   (A)  WAGES FOR WORKERS THAT SHALL NOT BE LESS THAN FORTY-FIVE THOUSAND
 DOLLARS A YEAR;
   (B) AN ESTABLISHED DIFFERENTIAL PAYMENT RATE FOR CHILD  CARE  SERVICES
 FOR  ELIGIBLE  AGENCIES. SUCH   DIFFERENTIAL   PAYMENT   RATE  SHALL  BE
 FIFTEEN PERCENT HIGHER THAN THE ACTUAL COST OF CARE  OR  THE  APPLICABLE
 MARKET-RELATED  PAYMENT  RATE ESTABLISHED BY THE OFFICE IN  REGULATIONS,
 WHICHEVER IS LESS. DIFFERENTIAL  PAYMENT  RATES  SHALL  BE  PROVIDED  TO
 ELIGIBLE  AGENCIES  WHO  PROVIDE CARE TO: (I) A CHILD EXPERIENCING HOME-
 LESSNESS; (II) A CHILD DURING NON-TRADITIONAL HOURS;  AND/OR  (III)  ANY
 OTHER  AT-RISK  CHILDREN  THAT THE NEW YORK STATE CHILD CARE BOARD DEEMS
 APPROPRIATE;
   (C) THE EDUCATION LEVEL OF THE STAFF MEMBER WHEN DETERMINING PAY, WITH
 STAFF WITH BACHELORS AND MASTERS DEGREES  BEING  PAID  MORE  THAN  THOSE
 WITHOUT SUCH DEGREES; AND
   (D)  WAGES  FOR  WORKERS THAT TAKE INTO ACCOUNT COST OF LIVING DIFFER-
 ENCES ACROSS DIFFERENT REGIONS OF THE STATE.
   § 410-DD. DROP-IN CARE. 1. ELIGIBLE AGENCIES THAT ARE CONTRACTED  CARE
 FACILITIES  OR VOUCHER ELIGIBLE FACILITIES THAT OFFER DROP-IN CARE SHALL
 BE ELIGIBLE TO RECEIVE A GRANT  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS
 SECTION, BASED ON THE FOLLOWING CRITERIA:
   (A)  THE  ELIGIBLE AGENCY MEETS ALL REQUIREMENTS OUTLINED IN THE EARLY
 LEARNING CHILD CARE PROGRAM; AND
   (B) THE ELIGIBLE AGENCY HOLDS OPEN SPOTS  FOR  ENROLLMENT  TO  COVERED
 CHILDREN,  BASED ON THE FOLLOWING SIZES OF THE ELIGIBLE AGENCY'S ENROLL-
 MENT CAPACITY:
   (I) IF FIFTEEN CHILDREN OR LESS  ARE  ENROLLED  WITHIN  A  CHILD  CARE
 FACILITY, THE ELIGIBLE AGENCY SHALL HAVE A MINIMUM OF ONE SPOT AVAILABLE
 FOR DROP-IN CARE IN ORDER TO RECEIVE THE GRANT;
   (II)  IF  THIRTY  CHILDREN  OR  LESS  ARE ENROLLED WITHIN A CHILD CARE
 FACILITY, THE ELIGIBLE AGENCY SHALL HAVE A MINIMUM OF TWO  SPOTS  AVAIL-
 ABLE FOR DROP-IN CARE IN ORDER TO RECEIVE THE GRANT;
   (III)  IF FORTY-FIVE CHILDREN OR LESS ARE ENROLLED WITHIN A CHILD CARE
 FACILITY, THE ELIGIBLE AGENCY SHALL HAVE A MINIMUM OF THREE SPOTS AVAIL-
 ABLE FOR DROP-IN CARE IN ORDER TO RECEIVE THE GRANT; AND
   (IV) IF MORE THAN FORTY-FIVE CHILDREN ARE ENROLLED WITHIN A CHILD CARE
 FACILITY, THE ELIGIBLE AGENCY SHALL HAVE A MINIMUM OF FOUR SPOTS  AVAIL-
 ABLE FOR DROP-IN CARE IN ORDER TO RECEIVE THE GRANT.
 A. 8852--A                         11
 
   2.  CHILD  CARE  FACILITIES  THAT  CHOOSE  TO  PROVIDE DROP-IN CARE IN
 ACCORDANCE WITH THE STANDARDS LISTED ABOVE WITHIN THE FIRST YEAR OF  THE
 PROGRAM SHALL RECEIVE A GRANT IN ACCORDANCE WITH THE FORMULA APPROVED BY
 THE NEW YORK STATE CHILD CARE BOARD. THE GRANT SHALL BE REASSESSED WITH-
 IN  THE  FIRST YEAR BY THE CHILD CARE RESEARCH AND DATA COLLECTION TASK-
 FORCE AND NEW STIPULATIONS SHALL BE RELEASED IN THE FINAL REPORT OF SUCH
 TASKFORCE AND REGULATED BY THE NEW YORK STATE CHILD CARE BOARD.
   3. THE NEW YORK CHILD CARE BOARD SHALL ALLOCATE TIME TOWARD THE EXPAN-
 SION AND COST OF A DROP-IN PROGRAM.
   § 410-EE. APPLICATION AND ELIGIBILITY  FOR FAMILIES. 1. THE DEPARTMENT
 SHALL MANDATE THAT ALL SOCIAL SERVICES DISTRICTS PROVIDE QUALIFIED AGEN-
 CIES APPROVED FOR THE EARLY LEARNING CHILD CARE PROGRAM WITH THE  PROPER
 FORMS  FOR  FAMILIES TO COMPLETE AN APPLICATION TO THE PROGRAM FOR THEIR
 COVERED CHILD.  SUCH APPLICATION FORMS SHALL BE PROCESSED BY THE  SOCIAL
 SERVICES  DISTRICT  AND  SHALL BE MADE AVAILABLE: (A) ONLINE IN A PRINT-
 ABLE, AND FILLABLE FORMAT ON THE WEBSITE OF THE RELEVANT SOCIAL SERVICES
 DISTRICT; AND (B) IN A TRANSLATED VERSION  OF  THE  THREE  TO  SIX  MOST
 COMMONLY  SPOKEN  LANGUAGES  IN  THE  RELEVANT SOCIAL SERVICES DISTRICT,
 EITHER IN-PRINT OR ONLINE. QUALIFIED AGENCIES SHALL PROVIDE FAMILIES WHO
 SEEK ENROLLMENT AT THEIR LOCAL CHILD CARE  AND  EARLY  LEARNING  PROGRAM
 INFORMATION  ON  HOW TO CONTACT THEIR LOCAL SOCIAL SERVICES DISTRICT AND
 CHILD CARE RESOURCE AND REFERRAL AGENCIES FOR HELP IN  APPLYING  TO  THE
 PROGRAM.
   2. FAMILIES MAY APPLY TO A LOCAL CHILD CARE AND EARLY LEARNING PROGRAM
 IN  SUCH FORM AND AT SUCH TIME AS THE EXECUTIVE DIRECTOR OF THE NEW YORK
 STATE CHILD CARE BOARD MAY PRESCRIBE, PROVIDED, HOWEVER THAT SUCH APPLI-
 CATION SHALL REQUIRE:  PROOF OF EARNINGS, PROOF OF  IDENTITY,  PROOF  OF
 RESIDENCY,  AND  PROOF  OF  WHETHER A CHILD IS REGISTERED IN A UNIVERSAL
 PREKINDERGARTEN PROGRAM PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO-E  OF
 THE  EDUCATION LAW AND, IF REGISTERED, FOR HOW MANY HOURS PER DAY.
   3.  APPLICANTS MAY PROVE EARNINGS BY PROVIDING:  (A) PROOF OF EARNINGS
 THROUGH THE PRESENTATION OF A FILED TAX RETURN FROM THE  PREVIOUS  YEAR,
 OR IF PROOF OF INCOME THROUGH TAX RETURN IS NOT POSSIBLE THE COMMISSION-
 ER  MAY ALLOW A LETTER FROM AN EMPLOYER DOCUMENTING THE DATES OF WORK OF
 THE APPLICANT AND THE YEARLY PAY FROM THE EMPLOYER; (B) A  FORM  W-2  OR
 1099  FROM  AT  LEAST ONE OF THE TWO MOST RECENT COMPLETED TAX YEARS; OR
 (C) A WAGE NOTICE PROVIDED PURSUANT TO SECTION ONE  HUNDRED  NINETY-FIVE
 OF  THE  LABOR LAW THAT DOCUMENTS EMPLOYMENT FOR A PERIOD OF TIME WITHIN
 SIX  MONTHS  PRIOR TO  THE DATE THE APPLICANT CERTIFIES HE OR SHE BECAME
 ELIGIBLE FOR BENEFITS PURSUANT TO THIS TITLE.
   4. APPLICANTS MAY PROVE IDENTITY BY PROVIDING:
   (A) A DRIVER'S LICENSE, MOTOR VEHICLE ID CARD  NUMBER,  VALID  FOREIGN
 DRIVER'S  LICENSE THAT INCLUDES A PHOTO IMAGE OF THE APPLICANT AND WHICH
 IS UNEXPIRED OR EXPIRED FOR LESS THAN TWENTY-FOUR MONTHS OF ITS DATE  OF
 EXPIRATION,  NEW  YORK  STATE  ID,  IDNYC OR OTHER NEW YORK MUNICIPAL OR
 COUNTY IDENTIFICATION CARD, VALID UNEXPIRED FOREIGN PASSPORT  ISSUED  BY
 THE  APPLICANT'S  COUNTRY  OF  CITIZENSHIP,  OR VALID UNEXPIRED CONSULAR
 IDENTIFICATION DOCUMENT ISSUED BY A CONSULATE FROM THE APPLICANT'S COUN-
 TRY OF CITIZENSHIP. NOTHING  CONTAINED  IN  THIS  SUBDIVISION  SHALL  BE
 DEEMED  TO PRECLUDE THE COMMISSIONER FROM APPROVING ADDITIONAL PROOFS OF
 IDENTITY; OR
   (B) A SOCIAL SECURITY  NUMBER  OR,  IN  LIEU  THEREOF,  AN  INDIVIDUAL
 TAXPAYER  IDENTIFICATION NUMBER OR A UNITED STATES CITIZENSHIP AND IMMI-
 GRATION SERVICES NUMBER; OR
 A. 8852--A                         12
 
   (C) THE NAMES AND ADDRESSES OF ALL EMPLOYERS AND/OR HIRING PARTIES, IN
 AND OUT OF THE STATE, FOR THE LAST EIGHTEEN MONTHS TO  THE  EXTENT  THAT
 SUCH INFORMATION IS AVAILABLE TO THE APPLICANT; OR
   (D) A MAILING ADDRESS AND ZIP CODE.
   5.  APPLICANTS MAY PROVE RESIDENCY BY PROVIDING:  (A) A NEW YORK STATE
 DRIVER'S LICENSE OR STATE IDENTIFICATION CARD, AN IDNYC; (B)  A  UTILITY
 BILL  WITH  A  PROPER ADDRESS AND LISTED UNDER THE APPLICANT'S CONFIRMED
 IDENTITY, OR A CREDIT CARD STATEMENT WITH A PROPER  ADDRESS  AND  LISTED
 UNDER  THE  APPLICANT'S  CONFIRMED IDENTITY; OR (C) A LEASE AGREEMENT OR
 MORTGAGE STATEMENT WITH A PROPER ADDRESS AND  LISTED  UNDER  THE  APPLI-
 CANT'S  CONFIRMED  IDENTITY,  A  LETTER  FROM  THE NEW YORK CITY HOUSING
 AUTHORITY, A LETTER FROM A HOMELESS SHELTER, OR ANY ADDITIONAL  FORM  OF
 GOVERNMENT  IDENTIFICATION  OR IDENTIFICATION APPROVED BY THE DEPARTMENT
 AND THE NEW YORK STATE CHILD CARE BOARD.
   6. PREKINDERGARTEN ELIGIBLE CHILDREN WHO APPLY  TO  ATTEND  THE  EARLY
 LEARNING  CHILD  CARE  PROGRAM  SHALL  PROVIDE DOCUMENTATION PROVING THE
 NUMBER OF HOURS A CHILD ATTENDS A PREKINDERGARTEN  PROGRAM,  WHETHER  NO
 HOURS OR A FULL SCHOOL DAY.
   7.  FAMILIES SHALL BE FOUND ELIGIBLE FOR FINANCIAL ASSISTANCE USING AN
 INCOME ELIGIBILITY FEE SCALE BASED ON THE CURRENT FEDERAL  POVERTY  LINE
 AND  ADJUSTED  FOR  THE  SIZE  OF  THE  FAMILY.  NO CO-PAYMENTS SHALL BE
 ASSIGNED TO FAMILIES OF COVERED CHILDREN.
   8. A FEE UNDER THIS SECTION SHALL BE CHARGED TO FAMILIES OF A  COVERED
 CHILD BASED ON INCOME LEVELS AS FOLLOWS:
   (A)  A  COVERED  CHILD  WHO IS IN A FAMILY WITH AN INCOME THAT IS LESS
 THAN FOUR HUNDRED PERCENT OF THE POVERTY LINE SHALL BE ASSESSED  NO  FEE
 FOR SERVICE AND RECEIVE FREE CHILD CARE.
   (B)  A  COVERED  CHILD WHO IS IN A FAMILY WITH A FAMILY INCOME THAT IS
 MORE THAN FOUR HUNDRED PERCENT OF THE POVERTY LINE  BUT  NOT  MORE  THAN
 FIVE  HUNDRED  PERCENT  OF  THE POVERTY LINE, THE FEE UNDER THIS SECTION
 SHALL NOT EXCEED ONE PERCENT OF THE FAMILY INCOME.
   (C) A COVERED CHILD WHO IS IN A FAMILY WITH A FAMILY  INCOME  THAT  IS
 MORE THAN FIVE HUNDRED PERCENT OF THE POVERTY LINE BUT NOT MORE THAN SIX
 HUNDRED  PERCENT  OF  THE POVERTY LINE, THE FEE UNDER THIS SECTION SHALL
 NOT EXCEED TWO PERCENT OF THE FAMILY INCOME.
   (D) A COVERED CHILD WHO IS IN A FAMILY WITH A FAMILY  INCOME  THAT  IS
 MORE  THAN  SIX  HUNDRED  PERCENT  OF THE POVERTY LINE BUT NOT MORE THAN
 SEVEN HUNDRED PERCENT OF THE POVERTY LINE, THE FEE  UNDER  THIS  SECTION
 SHALL NOT EXCEED THREE AND ONE-HALF PERCENT OF THE FAMILY INCOME.
   (E)  A  COVERED  CHILD WHO IS IN A FAMILY WITH A FAMILY INCOME THAT IS
 MORE THAN SEVEN HUNDRED PERCENT OF THE POVERTY LINE BUT  NOT  MORE  THAN
 EIGHT  HUNDRED  PERCENT  OF THE POVERTY LINE, THE FEE UNDER THIS SECTION
 SHALL NOT EXCEED FOUR AND ONE-HALF PERCENT OF THE FAMILY INCOME.
   (F) A COVERED CHILD WHO IS IN A FAMILY WITH A FAMILY  INCOME  THAT  IS
 MORE  THAN  EIGHT  HUNDRED PERCENT OF THE POVERTY LINE BUT NOT MORE THAN
 NINE HUNDRED PERCENT OF THE POVERTY LINE, THE  FEE  UNDER  THIS  SECTION
 SHALL NOT EXCEED SIX PERCENT OF THE FAMILY INCOME.
   (G)  A  COVERED  CHILD WHO IS IN A FAMILY WITH A FAMILY INCOME THAT IS
 MORE THAN NINE HUNDRED PERCENT OF THE POVERTY LINE BUT NOT MORE THAN ONE
 THOUSAND PERCENT OF THE POVERTY LINE, THE FEE UNDER THIS  SECTION  SHALL
 NOT EXCEED SEVEN PERCENT OF THE FAMILY INCOME.
   9.  THE  TOTAL  FEE FOR A FAMILY THAT IS SUBJECT TO THE FEE UNDER THIS
 SECTION AND HAS MORE THAN ONE CHILD SERVED THROUGH THE PROGRAM: (A)  MAY
 INCREASE  AS THE FAMILY ENTERS A SECOND OR FURTHER CHILD IN THE PROGRAM;
 BUT (B) MAY NOT BE GREATER THAN THE FEE ALLOWED UNDER PARAGRAPH  (G)  OF
 SUBDIVISION EIGHT OF THIS SECTION.
 A. 8852--A                         13
 
   10.  WITHIN  FOURTEEN  DAYS  OF  COMPLETING  AN APPLICATION, THE LOCAL
 SOCIAL SERVICES DISTRICT SHALL PROVIDE FAMILIES OF A COVERED CHILD  WITH
 A  RESPONSE  ON  WHETHER THE CHILD IS ELIGIBLE FOR FINANCIAL ASSISTANCE,
 UNLESS THE LOCAL JURISDICTION IS FACING EXTENUATING CIRCUMSTANCES.
   11. EARLY LEARNING CHILD CARE PROGRAMS SHALL PROVIDE FAMILIES INFORMA-
 TION ON WHETHER THERE IS CAPACITY IN THE FACILITY OF THE QUALIFIED AGEN-
 CY  OR  WHETHER  THE  FAMILY  NEEDS  TO  COORDINATE  WITH THE CHILD CARE
 RESOURCE AND REFERRAL PROGRAM TO FIND AN OPEN SPOT  IN  ANOTHER  CLOSELY
 LOCATED QUALIFIED AGENCY.
   12.  QUALIFIED AGENCIES SHALL COMPLY WITH EXISTING STATE ANTIDISCRIMI-
 NATION LAWS WITH REGARD TO ADMITTANCE OF ELIGIBLE CHILDREN.
   § 410-FF. CHILD CARE STABILIZATION GRANT. 1. THE  OFFICE  OF  CHILDREN
 AND  FAMILY  SERVICES  SHALL  ESTABLISH A STABILIZATION GRANT PROGRAM TO
 HELP DEAL WITH A WORKER SHORTAGE WITHIN THE CHILD CARE  INDUSTRY  WITHIN
 SIXTY DAYS OF THE EFFECTIVE DATE OF THIS TITLE.
   2.  TECHNICAL  ASSISTANCE AND SUPPORT SHALL BE MADE AVAILABLE BY CHILD
 CARE RESOURCE AND REFERRAL AGENCIES, IN  ADDITION  TO  OTHER  DESIGNATED
 PARTNERS,  BASED ON CAPACITY, TO ALL CHILD CARE PROVIDERS TO ASSIST WITH
 THE  COMPLETION OF THE ONLINE APPLICATION. FUNDING SHALL BE MADE  AVAIL-
 ABLE  TO  CHILD  CARE  RESOURCE REFERRAL AGENCIES TO EXPAND CAPACITY FOR
 TECHNICAL ASSISTANCE AND SUPPORT.
   § 410-GG. EXPANSION GRANTS; TAX INCENTIVES. 1. IN  COLLABORATION  WITH
 THE  CHILD CARE RESOURCE AND REFERRAL PROGRAM, THE EARLY CHILDHOOD ADVI-
 SORY COUNCIL ESTABLISHED PURSUANT TO SECTION FOUR HUNDRED EIGHTY-THREE-G
 OF THIS CHAPTER SHALL CREATE AN EXPANSION GRANT PROGRAM PROPOSAL  WITHIN
 ONE  HUNDRED  EIGHTY  DAYS  OF  THE  EFFECTIVE DATE OF THIS TITLE.   THE
 PROPOSAL SHALL BE  SUBMITTED  FOR  REVIEW  AND  ADOPTION,  REJECTION  OR
 MODIFICATION  BY  THE  NEW  YORK STATE CHILD CARE BOARD.  SUCH EXPANSION
 GRANT PROGRAM SHALL DEDICATE  FUNDING  TO  ELIGIBLE  AGENCIES  FOR:  (A)
 CONSTRUCTION  OF  SUITABLE FACILITIES; (B) PLANS TO INCORPORATE ELIGIBLE
 CHILD CARE PROVIDERS INTO THE START-UP NY PROGRAM; AND (C) THE  CREATION
 OF A CAPITAL DEBT SERVICES PLAN BASED ON THE AMOUNT OF FUNDING.
   2. (A) IN FISCAL YEAR TWO THOUSAND TWENTY-FOUR, THE OFFICE OF CHILDREN
 AND  FAMILY  SERVICES SHALL DEDICATE A PORTION OF ANNUAL DEDICATED FUNDS
 FOR THE EARLY LEARNING CHILD CARE PROGRAM TO EXPANSION  GRANTS  AND  TAX
 INCENTIVES.  SPENDING  OF  FUNDS  SHALL BE BASED ON A PLAN CREATED AFTER
 SURVEYING SOCIAL SERVICES DISTRICTS AND LEARNING OF THEIR NEEDS.
   (B) IN ALL SUBSEQUENT FISCAL YEARS, THE DEPARTMENT SHALL  DEDICATE  NO
 MORE  THAN  THIRTY  PERCENT  AND  NO LESS THAN FIVE PERCENT OF DEDICATED
 FUNDING FOR THE PROGRAM ON EXPANSION GRANTS.
   (C) THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  SHALL  DECIDE  EXACT
 FUNDING  AMOUNTS  BASED ON THE NEEDS OF ELIGIBLE CHILD CARE AGENCIES AND
 THE OVERALL HEALTH OF THE CHILD CARE SYSTEM IN NEW YORK STATE.
   § 410-HH. TRAINING, TECHNICAL ASSISTANCE AND PROFESSIONAL  DEVELOPMENT
 FUNDING.  1.  IN COLLABORATION WITH THE CHILD CARE RESOURCE AND REFERRAL
 PROGRAM, THE EARLY CHILDHOOD ADVISORY COUNCIL SHALL  CREATE  A  TRAINING
 AND  PROFESSIONAL  DEVELOPMENT GRANT PROGRAM PROPOSAL WITHIN ONE HUNDRED
 DAYS OF THE EFFECTIVE DATE OF THIS TITLE. THE PROPOSAL SHALL BE  SUBMIT-
 TED  FOR  REVIEW AND ADOPTION, REJECTION OR MODIFICATION BY THE NEW YORK
 STATE CHILD CARE BOARD.
   2. (A) IN FISCAL YEAR TWO THOUSAND TWENTY-FOUR, THE OFFICE OF CHILDREN
 AND FAMILY SERVICES SHALL DEDICATE A PORTION OF ALL DEDICATED FUNDS  FOR
 THE  EARLY  LEARNING  CHILD CARE PROGRAM TO THE PROFESSIONAL DEVELOPMENT
 AND TRAINING OF STAFF AND ELIGIBLE AGENCIES. SPENDING OF FUNDS SHALL  BE
 BASED  ON  A  PLAN CREATED AFTER SURVEYING SOCIAL SERVICES DISTRICTS AND
 LEARNING OF THEIR NEEDS.
 A. 8852--A                         14
 
   (B) IN ALL SUBSEQUENT FISCAL YEARS, THE DEPARTMENT SHALL  DEDICATE  NO
 MORE  THAN  THIRTY  PERCENT  AND  NO LESS THAN FIVE PERCENT OF DEDICATED
 FUNDING FOR THE PROGRAM ON TRAINING AND  PROFESSIONAL  DEVELOPMENT.  THE
 OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  SHALL  DECIDE EXACT FUNDING
 AMOUNTS BASED ON THE NEEDS OF ELIGIBLE CHILD CARE AGENCIES, NEEDS OF THE
 WORKFORCE,  AND  THE OVERALL HEALTH OF THE CHILD CARE SYSTEM IN NEW YORK
 STATE.
   3. THE PLAN SHALL USE A PORTION OF  THE  FUNDS  DECIDED  UPON  BY  THE
 OFFICE  OF  CHILDREN AND FAMILY SERVICES TO IMPROVE THE QUALITY OF CHILD
 CARE SERVICES, WHICH SHALL INCLUDE:
   (A) SUPPORTING THE TRAINING AND PROFESSIONAL DEVELOPMENT OF THE  EARLY
 CHILDHOOD  WORKFORCE,  INCLUDING  SUPPORTING  DEGREE  ATTAINMENT THROUGH
 STUDENT LOAN REPAYMENT ASSISTANCE AND CREDENTIALING FOR EARLY  CHILDHOOD
 EDUCATORS PURSUANT TO THIS SECTION;
   (B)  SUPPORTING  MANDATES TO REQUIRE THE ASPIRE REGISTRY FOR ALL EARLY
 CHILDHOOD CARE AND EDUCATION EMPLOYEES TO  ENHANCE  PROFESSIONAL  GROWTH
 AND PROGRAM COMPLIANCE.
   4.  THERE  SHALL  BE  ESTABLISHED  A NEED-BASED STUDENT LOAN REPAYMENT
 ASSISTANCE PROGRAM FOR THE PURPOSE OF PROVIDING STUDENT  LOAN  REPAYMENT
 ASSISTANCE TO ANY INDIVIDUAL EMPLOYED BY A REGULATED, PRIVATELY OPERATED
 CENTER-BASED  CHILD CARE PROGRAM OR FAMILY CHILD CARE HOME. SUCH PROGRAM
 SHALL REQUIRE THAT:
   (A) AN ELIGIBLE INDIVIDUAL SHALL:
   (I) WORK IN A PRIVATELY OPERATED CENTER-BASED CHILD CARE PROGRAM OR IN
 A FAMILY CHILD CARE HOME THAT IS REGULATED  BY  THE  DEPARTMENT  FOR  AT
 LEAST  AN  AVERAGE OF THIRTY HOURS PER WEEK FOR FORTY-EIGHT WEEKS OF THE
 YEAR;
   (II) HAVE EARNED AN ASSOCIATE'S, BACHELOR'S, OR ADVANCED DEGREE WITH A
 MAJOR CONCENTRATION IN EARLY CHILDHOOD,  CHILD  AND  HUMAN  DEVELOPMENT,
 ELEMENTARY EDUCATION, SPECIAL EDUCATION WITH A BIRTH TO AGE EIGHT FOCUS,
 CHILD  AND FAMILY SERVICES, OR OTHER RELEVANT FIELD WITHIN THE PRECEDING
 FIVE YEARS; AND
   (III) SUBMIT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES  DOCUMENTA-
 TION EXPRESSING THE INDIVIDUAL'S INTENT TO WORK IN A REGULATED, PRIVATE-
 LY  OPERATED  CENTER-BASED  CHILD CARE PROGRAM OR FAMILY CHILD CARE HOME
 FOR AT LEAST THE TWELVE MONTHS FOLLOWING THE ANNUAL LOAN REPAYMENT AWARD
 NOTIFICATION. A PARTICIPANT MAY RECEIVE  UP  TO  FOUR  THOUSAND  DOLLARS
 ANNUALLY  IN  STUDENT LOAN REPAYMENT ASSISTANCE, WHICH SHALL BE DISTRIB-
 UTED BY THE DEPARTMENT IN FOUR ALLOTMENTS. THE DEPARTMENT SHALL DISTRIB-
 UTE AT LEAST ONE-QUARTER OF THE INDIVIDUAL'S TOTAL ANNUAL BENEFIT  AFTER
 THE  INDIVIDUAL  HAS  COMPLETED THREE MONTHS OF EMPLOYMENT IN ACCORDANCE
 WITH THE PROGRAM. THE REMAINDER OF AN INDIVIDUAL'S TOTAL ANNUAL  BENEFIT
 SHALL  BE  DISTRIBUTED  BY  THE  DEPARTMENT EVERY THREE MONTHS AFTER THE
 INITIAL PAYMENT.
   (B) THE DEPARTMENT SHALL ADOPT POLICIES,  PROCEDURES,  AND  GUIDELINES
 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   (C)  STUDENT  LOAN  REPAYMENTS  SHALL  BE  AVAILABLE  PURSUANT TO THIS
 SECTION ON A FIRST-COME, FIRST-SERVED BASIS UNTIL APPROPRIATED FUNDS ARE
 DEPLETED.
   (D) THE DEPARTMENT MAY CONTRACT FOR THE ADMINISTRATION OF THE PROGRAM.
 ADMINISTRATION COSTS SHALL NOT BE MORE THAN TEN  PERCENT  OF  THE  TOTAL
 APPROPRIATION RECEIVED TO IMPLEMENT THIS SECTION.
   5.  THE DEPARTMENT SHALL PROVIDE SUPPORTS TO AID ELIGIBLE PROVIDERS IN
 PROVIDING TRAUMA-INFORMED CARE. TRAUMA-INFORMED  CARE  SUPPORTS  MAY  BE
 USED BY ELIGIBLE AGENCIES FOR THE FOLLOWING PURPOSES:
 A. 8852--A                         15
 
   (A)  ADDITIONAL  COMPENSATION  FOR INDIVIDUAL STAFF WHO HAVE AN INFANT
 AND EARLY CHILDHOOD MENTAL HEALTH OR OTHER CHILD  DEVELOPMENT  SPECIALTY
 CREDENTIAL;
   (B) TRAUMA-INFORMED PROFESSIONAL DEVELOPMENT AND TRAINING;
   (C) THE PURCHASE OF SCREENING TOOLS AND ASSESSMENT MATERIALS;
   (D)  SUPPORTIVE  SERVICES  FOR  CHILDREN  WITH  COMPLEX NEEDS THAT ARE
 OFFERED AS FEE-FOR-SERVICE WITHIN LOCAL COMMUNITIES; OR
   (E) OTHER RELATED EXPENSES.
   § 410-II. COORDINATION AND INTEGRATION OF FUNDS. 1.  THE  COMMISSIONER
 AND  THE  EXECUTIVE  DIRECTOR  OF  THE EARLY LEARNING CHILD CARE PROGRAM
 SHALL COORDINATE TO INTEGRATE ALL FEDERAL AND STATE DOLLARS USED FOR THE
 BLOCK GRANT CHILD CARE PROGRAM PURSUANT TO TITLE FIVE-C OF THIS  ARTICLE
 TO ENSURE AN EFFICIENT CHILD CARE SYSTEM AND ADEQUATE CARE FOR ALL CHIL-
 DREN.  THE COMMISSIONER AND EXECUTIVE DIRECTOR SHALL CREATE A PRESCREEN-
 ING APPLICATION TO DETERMINE ELIGIBILITY FOR ALL STATE AND FEDERAL CHILD
 CARE PROGRAMS TO ENSURE ALL PROGRAMS ARE UTILIZED TO THE FULLEST EXTENT.
   2.  ANY OTHER CHILD CARE PROGRAMMING BY THE STATE AND LOCALITIES SHALL
 INTEGRATE AND COORDINATE WITH THE EARLY LEARNING CHILD CARE PROGRAM.
   3. THE STATE EDUCATION DEPARTMENT AND THE OFFICE OF CHILDREN AND FAMI-
 LY SERVICES SHALL COORDINATE AND SHARE DATA WITH EACH OTHER TO MAKE SURE
 THAT CHILDREN BETWEEN THE AGES OF THREE TO FOUR ARE PROPERLY  CARED  FOR
 AND CAN PARTICIPATE IN THE PROGRAMS OF THEIR CHOOSING.
   §  410-JJ. REPORTING REQUIREMENTS. EACH SOCIAL SERVICES DISTRICT SHALL
 COLLECT AND SUBMIT TO THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES,  IN
 SUCH  FORM  AND  AT SUCH TIMES AS SPECIFIED BY THE DEPARTMENT, SUCH DATA
 AND INFORMATION REGARDING CHILD CARE ASSISTANCE PROVIDED UNDER THE EARLY
 LEARNING CHILD CARE PROGRAM IN ACCORDANCE WITH CRITERIA  ESTABLISHED  BY
 THE  DEPARTMENT  AND THE NEW YORK STATE CHILD CARE BOARD.  THE OFFICE OF
 CHILDREN AND FAMILY SERVICES SHALL CREATE, OVERSEE, AND UPDATE  A  DATA-
 BASE  OF  ALL CHILD CARE FACILITIES IN THE STATE. SUCH DATABASE SHALL BE
 UPDATED ON A MINIMUM OF A  BI-MONTHLY  BASIS  BY  EACH  SOCIAL  SERVICES
 DISTRICT  AND SHALL INCLUDE: (A) CONTACT INFORMATION FOR EACH CHILD CARE
 FACILITY;  (B) CURRENT FULL OR PART-TIME CARE  AVAILABILITY;  AND    (C)
 WHETHER DROP-IN CARE IS AVAILABLE.
   §  410-KK.  ENFORCEMENT.  1. THE NEW YORK STATE CHILD CARE BOARD SHALL
 HAVE THE AUTHORITY TO ADOPT RULES AND REGULATIONS WRITTEN BY THE  OFFICE
 OF  CHILDREN AND FAMILY SERVICES PERTAINING TO OVERSIGHT AND ENFORCEMENT
 ACTIONS OF THE EARLY LEARNING CHILD CARE PROGRAM.
   2. ENFORCEMENT ACTIONS UNDERTAKEN BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES SHALL BE PROPORTIONAL TO THE SEVERITY OF VIOLATIONS OBSERVED IN
 A LICENSED CHILD CARE FACILITY. THE NEW  YORK  STATE  CHILD  CARE  BOARD
 SHALL  DEVELOP  A FRAMEWORK TO ESTABLISH LEVELS OF VIOLATIONS AND APPRO-
 PRIATE ENFORCEMENT ACTIONS  FOR  VIOLATIONS  PURSUANT  TO  SECTION  FOUR
 HUNDRED SEVENTEEN OF THIS ARTICLE.
   (A)  VIOLATIONS  THAT  ARE NON-CRITICAL CODE VIOLATIONS, AND ARE NOT A
 SAFETY RISK TO CHILDREN OR PROVIDERS, SHALL  BE  DOCUMENTED  BY  WRITTEN
 WARNING OR REPRIMAND TO THE PROVIDER.  SUCH WRITTEN WARNING OR REPRIMAND
 SHALL  CONTAIN  OPTIONS  TO REMEDIATE THE VIOLATION, A CLEAR TIMELINE TO
 REACH COMPLIANCE, AND THE PENALTY FOR NON-COMPLIANCE.
   (B) THE OFFICE SHALL POST VIOLATIONS IN A PUBLICLY  ACCESSIBLE  MANNER
 THAT PROVIDES CLARITY AND CONTEXT OF THE TYPE OF VIOLATION THAT OCCURRED
 AND THE SEVERITY OF THE VIOLATION, WITHOUT STIGMATIZING PROVIDERS.
   (C)  INSPECTION  RESULTS  SHALL CLEARLY DENOTE IF VIOLATIONS HAVE BEEN
 REMEDIED.
   (D) ENFORCEMENT HISTORY SHALL ONLY BE LISTED IN CASES OF DENIAL, REVO-
 CATION, OR SUSPENSION OF A CHILD CARE PROGRAM'S LICENSE OR REGISTRATION.
 A. 8852--A                         16

 NON-PUBLIC ENFORCEMENT ACTIONS, SUCH AS CORRECTIVE PLANS  OF  ACTION  OR
 FINES, SHALL NOT BE LISTED OR REFERENCED.
   3. THE OFFICE OF CHILDREN AND FAMILY SERVICES HAS THE RIGHT TO PERFORM
 INSPECTIONS  OF ANY PROVIDER THAT PROVIDES CARE FOR SUBSIDIZED CHILDREN.
 A SOCIAL SERVICES DISTRICT SHALL NOTIFY THE OFFICE  IMMEDIATELY  OF  ANY
 SUSPECTED VIOLATIONS.
   (A) THE OFFICE SHALL WORK TO MEDIATE AND ASSIST PROVIDERS IN REMEDIAT-
 ING  VIOLATIONS  FOUND  FROM  AN  INSPECTION PERFORMED THEREIN. REGIONAL
 MANAGERS UNDER THE OFFICE OF CHILDREN AND FAMILY SERVICES  SHALL  DEPLOY
 STAFF AND/OR RESOURCES TO AID THIS EFFORT.
   (B) OFFICE OF CHILDREN AND FAMILY SERVICES STAFF WHO ARE INVOLVED WITH
 ENFORCEMENT  OF  REMEDIATION  EFFORTS  SHALL UNDERGO CULTURAL-COMPETENCY
 TRAINING TO EFFECTIVELY WORK WITH PROVIDERS OF ALL BACKGROUNDS,  INCLUD-
 ING  BUT  NOT  LIMITED  TO  RACE, ETHNICITY, GENDER, SEXUAL ORIENTATION,
 RELIGION, AND OTHER PROTECTED CLASSES.
   § 410-LL. TASKFORCE TO STUDY AFTER  SCHOOL  PROGRAMMING  FOR  FIVE  TO
 TWELVE  YEAR OLD CHILDREN AND CRISIS CARE. 1. WITHIN THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES, THERE SHALL BE ESTABLISHED A TASKFORCE FOR THE
 PURPOSE OF STUDYING THE NEED FOR AFTER SCHOOL PROGRAMMING  FOR  CHILDREN
 UP  TO  TWELVE  YEARS  OF  AGE WHO ARE NOT COVERED BY THE EARLY LEARNING
 CHILD CARE PROGRAM AND THE NEED FOR CRISIS CARE.
   2. THE TASKFORCE SHALL BE CHAIRED BY A REPRESENTATIVE OF THE EXECUTIVE
 CHAMBER AND THE COMMISSIONER  OF  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES OR THEIR DESIGNEE. MEMBERS OF THE TASKFORCE SHALL SERVE WITHOUT
 COMPENSATION FOR A ONE YEAR TERM, BUT MAY BE REIMBURSED FOR ACTUAL COSTS
 INCURRED   FOR   PARTICIPATION  ON  SUCH  TASKFORCE.  ENSURING  ADEQUATE
 GEOGRAPHIC REPRESENTATION, MEMBERS OF THE TASKFORCE SHALL  BE  APPOINTED
 BY THE GOVERNOR AND COMPRISED AS FOLLOWS:
   (A)  THREE  INDIVIDUALS  SHALL BE APPOINTED UPON THE RECOMMENDATION OF
 THE SPEAKER OF THE ASSEMBLY FROM DIFFERENT REGIONS OF THE STATE;
   (B) THREE INDIVIDUALS SHALL BE APPOINTED UPON  THE  RECOMMENDATION  OF
 THE  TEMPORARY  PRESIDENT  OF  THE  SENATE FROM DIFFERENT REGIONS OF THE
 STATE;
   (C) ONE INDIVIDUAL SHALL BE APPOINTED UPON THE RECOMMENDATION  OF  THE
 MINORITY LEADER OF THE ASSEMBLY;
   (D)  ONE  INDIVIDUAL SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE
 MINORITY LEADER OF THE SENATE; AND
   (E) AT LEAST ONE REPRESENTATIVE FROM EACH OF THE FOLLOWING ENTITIES:
   (I) THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE;
   (II) THE COUNCIL ON CHILDREN AND FAMILIES;
   (III) THE DEPARTMENT OF TAXATION AND FINANCE;
   (IV) A REGIONAL ECONOMIC DEVELOPMENT COUNCIL;
   (V) THE STATE UNIVERSITY OF NEW YORK OR THE  CITY  UNIVERSITY  OF  NEW
 YORK;
   (VI) THE STATE EDUCATION DEPARTMENT;
   (VII) THE EARLY CHILDHOOD ADVISORY COUNCIL;
   (VIII)  A  SOCIAL  SERVICES DISTRICT OR COUNTY GOVERNMENT OR AN ENTITY
 THAT ADVOCATES ON BEHALF OF SOCIAL SERVICES OR COUNTY GOVERNMENTS;
   (IX) A NON-PROFIT CHILD CARE ADVOCACY ORGANIZATION;
   (X) A DEPARTMENT OF EDUCATION OPERATED AFTER SCHOOL PROGRAM;
   (XI) A PRIVATELY OPERATED AFTER SCHOOL PROGRAM;
   (XII) A COMMERCIAL REAL ESTATE SPECIALIST; AND
   (XIII) A CRISIS CARE SPECIALIST OR PROVIDER.
   3. THE TASKFORCE SHALL EXAMINE THE FOLLOWING:
   (A) THE CURRENT AVAILABILITY AND  USAGE  OF  SUBSIDIZED  AFTER  SCHOOL
 PROGRAMMING AND CARE OPTIONS;
 A. 8852--A                         17
 
   (B)  THE  NEEDS FOR AND COSTS ASSOCIATED WITH SUBSIDIZING AFTER SCHOOL
 PROGRAMMING AND CARE FOR ALL CHILDREN UNDER THE AGE OF TWELVE;
   (C)  THE  DEMOGRAPHIC BREAKDOWN OF CHILDREN AND THEIR FAMILIES WHO USE
 AND NEED AFTER SCHOOL PROGRAMMING AND CARE;
   (D) WHETHER PARENTS ARE VOLUNTARILY LEAVING THE WORKFORCE DUE TO  LACK
 OF AFFORDABLE OR ACCESSIBLE AFTER SCHOOL PROGRAMMING AND CARE;
   (E)  VARYING  LEVELS  OF  QUALITY OF AFTER SCHOOL PROGRAMMING AND CARE
 THROUGHOUT THE STATE WITH REPORTING;
   (F) THE NEED AND COST TO SUBSIDIZE THE NEED OF CRISIS CARE OPTIONS FOR
 CHILDREN WHO NEED OVERNIGHT, EMERGENCY, AND SHELTER BASED CARE; AND
   (G) WORKFORCE DEMOGRAPHICS, NEEDS AND WORKING CONDITIONS IN THE CRISIS
 CARE AND AFTER SCHOOL PROGRAMMING INDUSTRY.
   4. THE TASKFORCE SHALL RELEASE A REPORT WITHIN ONE YEAR OF THE  ESTAB-
 LISHMENT  OF SUCH TASKFORCE.  SUCH REPORT SHALL CONTAIN THE  RECOMMENDA-
 TIONS OF THE TASKFORCE AND SHALL BE SUBMITTED  TO  THE  NEW  YORK  STATE
 CHILD CARE BOARD.
   §  6.  Article 6 of the social services law is amended by adding a new
 title 5-E to read as follows:
                                  TITLE 5-E
                      NEW YORK STATE CHILD CARE BOARD
 SECTION 410-AAA. ESTABLISHMENT OF THE NEW YORK STATE CHILD CARE BOARD.
         410-BBB. EXECUTIVE DIRECTOR.
         410-CCC. POWERS AND DUTIES OF THE BOARD.
         410-DDD. POWERS AND DUTIES OF THE EXECUTIVE DIRECTOR.
         410-EEE. ETHICS, TRANSPARENCY AND ACCOUNTABILITY.
   § 410-AAA. ESTABLISHMENT OF THE NEW YORK STATE CHILD CARE BOARD.    1.
 THE  NEW  YORK  STATE  CHILD CARE BOARD IS HEREBY ESTABLISHED WITHIN THE
 OFFICE OF CHILDREN AND FAMILY SERVICES AND DIRECTED TO WORK  IN  COLLAB-
 ORATION  WITH  THE  EXECUTIVE  DIRECTOR OF THE EARLY LEARNING CHILD CARE
 PROGRAM TO ADVISE AND ISSUE RECOMMENDATIONS ON THE HEALTH OF CHILD  CARE
 AND THE EARLY LEARNING CHILD CARE PROGRAM IN THE STATE OF NEW  YORK.
   2.  THE  NEW  YORK  STATE  CHILD  CARE BOARD SHALL CONSIST OF THIRTEEN
 VOTING, APPOINTED MEMBERS, ALONG WITH A REPRESENTATIVE FROM  THE  OFFICE
 OF  CHILDREN  AND  FAMILY  SERVICES,  THE  DEPARTMENT  OF EDUCATION, THE
 DEPARTMENT OF LABOR, THE DEPARTMENT OF  HEALTH  AND  THE  DEPARTMENT  OF
 MENTAL  HYGIENE.   THE GOVERNOR SHALL APPOINT SEVEN MEMBERS TO THE BOARD
 AND THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE  ASSEM-
 BLY  SHALL EACH APPOINT THREE MEMBERS TO THE BOARD. THE MEMBERS SHALL BE
 APPOINTED TO SERVE FIVE-YEAR TERMS AND, IN THE EVENT OF A  VACANCY,  THE
 VACANCY  SHALL  BE  FILLED IN THE MANNER OF THE ORIGINAL APPOINTMENT FOR
 THE REMAINDER OF THE TERM. THE  APPOINTED  MEMBERS  AND  REPRESENTATIVES
 SHALL  RECEIVE  NO  COMPENSATION FOR THEIR SERVICES BUT SHALL BE ALLOWED
 THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
 DUTIES AS BOARD MEMBERS.
   3. BOARD MEMBERS SHALL HAVE STATEWIDE GEOGRAPHIC  REPRESENTATION  THAT
 IS BALANCED AND DIVERSE IN ITS COMPOSITION. APPOINTED MEMBERS SHALL HAVE
 AN  EXPERTISE IN EARLY EDUCATION AND INTERVENTION, TRAUMA-INFORMED CARE,
 INFANT AND EARLY CHILDHOOD MENTAL HEALTH, CHILD  AND  HUMAN  DEVELOPMENT
 SPECIAL EDUCATION WITH A BIRTH TO AGE EIGHT FOCUS, PUBLIC AND BEHAVIORAL
 HEALTH,  OR  JOB TRAINING AND PROFESSIONAL DEVELOPMENT. THE  BOARD SHALL
 INCLUDE RESIDENTS FROM COMMUNITIES MOST IMPACTED BY CHILD CARE  DESERTS,
 CHILD  CARE  COSTS  ABOVE  THE MEDIAN, AND LOW WAGES WITH LITTLE PROFES-
 SIONAL DEVELOPMENT OPPORTUNITIES.
   4. THE GOVERNOR SHALL  NOMINATE  AN  EXECUTIVE  DIRECTOR  PURSUANT  TO
 SECTION FOUR HUNDRED TEN-BBB OF THIS TITLE THAT SHALL SHARE RESPONSIBIL-
 ITY WITH THE BOARD IN ADMINISTERING THE PROGRAM.
 A. 8852--A                         18

   5.  THE  MEMBERS  OF  THE  BOARD  SHALL ELECT A CHAIRPERSON AND A VICE
 CHAIRPERSON FROM AMONG THE MEMBERS OF THE BOARD.  THE  VICE  CHAIRPERSON
 SHALL REPRESENT THE BOARD IN THE ABSENCE OF THE CHAIRPERSON AT ALL OFFI-
 CIAL  BOARD  FUNCTIONS.    THE  BOARD SHALL BE AUTHORIZED TO ADOPT REGU-
 LATIONS  TO  IMPLEMENT  THE PROVISIONS OF THIS TITLE. IN DEVELOPING SUCH
 REGULATIONS, THE BOARD AND THE EXECUTIVE  DIRECTOR  SHALL  CONSIDER  AND
 SEEK  TO COORDINATE ANY REGULATIONS WHICH MAY CURRENTLY BE APPLICABLE TO
 ANY EXISTING PROGRAMS OR ELIGIBLE AGENCIES. WHEN DEVELOPING REGULATIONS,
 THE BOARD SHALL CONSIDER AND RECOGNIZE THE  DIVERSITY  OF  SETTINGS  AND
 MODELS AVAILABLE FOR THE DELIVERY OF CHILD CARE PROGRAMS.
   § 410-BBB. EXECUTIVE DIRECTOR.  THE OFFICE SHALL EXERCISE ITS AUTHORI-
 TY,  OTHER  THAN POWERS AND DUTIES SPECIFICALLY GRANTED TO THE BOARD, BY
 AND THROUGH AN EXECUTIVE DIRECTOR NOMINATED BY THE GOVERNOR AND WITH THE
 ADVICE AND CONSENT OF THE SENATE.   THE EXECUTIVE DIRECTOR  SHALL  SERVE
 FOR  A  TERM  OF THREE YEARS AND ONCE CONFIRMED, MAY ONLY BE REMOVED FOR
 GOOD CAUSE WITH APPROPRIATE NOTICE. THE EXECUTIVE DIRECTOR SHALL RECEIVE
 AN ANNUAL SALARY NOT TO EXCEED AN AMOUNT APPROPRIATED  THEREFOR  BY  THE
 LEGISLATURE AND HIS OR HER EXPENSES ACTUALLY AND NECESSARILY INCURRED IN
 THE PERFORMANCE OF HIS OR HER OFFICIAL DUTIES, UNLESS OTHERWISE PROVIDED
 BY THE LEGISLATURE.
   §  410-CCC.  POWERS  AND  DUTIES OF THE BOARD.   1. THE NEW YORK STATE
 CHILD CARE BOARD SHALL HAVE THE  AUTHORITY  TO  APPROVE  OR  REJECT  ALL
 RULES,  REGULATIONS AND ORDERS MADE BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES THAT IT MAY DEEM NECESSARY OR PROPER TO  FULLY  EFFECTUATE  THE
 PROVISIONS  OF THE EARLY LEARNING CHILD CARE PROGRAM; PROVIDED, HOWEVER,
 THAT THE BOARD SHALL APPROVE REGULATIONS RELATING TO, BUT NOT BE LIMITED
 TO, THE FOLLOWING:
   (A) IN RELATION TO SECTION FOUR HUNDRED TEN-GG OF THIS ARTICLE, RECOM-
 MENDATIONS FROM THE EARLY  CHILDHOOD  ADVISORY  COUNCIL  ON  THE  PROPER
 AMOUNT OF FUNDING NEEDED FOR EXPANSION GRANTS, AND STARTUP FUNDS AND TAX
 INCENTIVES  IN FISCAL YEARS TWO THOUSAND TWENTY-FIVE, TWO THOUSAND TWEN-
 TY-SIX, AND BEYOND TO EXPAND ELIGIBLE  AGENCY  FACILITIES  TO  HOLD  THE
 INCREASED CAPACITY NEEDED TO HOUSE AND PROPERLY SUPPLY ELIGIBLE AGENCIES
 FOR THE EARLY LEARNING CHILD CARE PROGRAM;
   (B) IN RELATION TO SECTION FOUR HUNDRED TEN-HH OF THIS ARTICLE, RECOM-
 MENDATIONS  FROM  THE  EARLY  CHILDHOOD  ADVISORY  COUNCIL ON THE PROPER
 AMOUNT OF FUNDING NEEDED FOR TECHNICAL ASSISTANCE, TRAINING, AND PROFES-
 SIONAL DEVELOPMENT TO SUFFICIENTLY STAFF ELIGIBLE  AGENCIES  ACROSS  THE
 STATE IN FISCAL YEARS TWO THOUSAND TWENTY-FIVE, TWO THOUSAND TWENTY-SIX,
 AND BEYOND;
   (C)  APPROVING RULES AND REGULATIONS TO PROPERLY REGULATE ALL PARTS OF
 THE  EARLY  LEARNING  CHILD  CARE  PROGRAM,  INCLUDING  RULES  REGARDING
 ENFORCEMENT,  PURSUANT  TO  SECTION FOUR HUNDRED TEN-KK OF THIS ARTICLE,
 DATA COLLECTION, AND REPORTING, PURSUANT TO SECTION FOUR HUNDRED  TEN-II
 OF THIS ARTICLE;
   (D)  A  DEFINITION  OF THE APPROVED EXPENDITURES FOR WHICH GRANT FUNDS
 MAY BE USED, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,  TRANSPORTATION
 SERVICES AND LEASE EXPENSES OR OTHER APPROPRIATE FACILITIES EXPENSES;
   (E)  APPROVING ALL OTHER TRANSITIONAL GUIDELINES AND RULES WHICH ALLOW
 A PROGRAM TO MEET THE REQUIRED STAFF QUALIFICATIONS BY THE START OF  THE
 TWO THOUSAND TWENTY-FIVE SCHOOL YEAR;
   (F)  APPROVING  TRANSITIONAL GUIDELINES AND RULES WHICH ALLOW AN EARLY
 LEARNING CHILD CARE PROGRAM TO MEET ANY  OTHER  REQUIREMENTS  SET  FORTH
 PURSUANT  TO  THIS  SECTION AND REGULATIONS ADOPTED BY THE BOARD AND THE
 EXECUTIVE DIRECTOR RELATING TO HEALTH AND SAFETY STANDARDS;
 A. 8852--A                         19
 
   (G) TIME REQUIREMENTS WHICH REFLECT THE NEEDS OF THE  SOCIAL  SERVICES
 DISTRICTS  FOR  FLEXIBILITY,  BUT  WHICH ALSO MEET A MINIMUM WEEKLY TIME
 REQUIREMENT;
   (H) THE STAFF/CHILD RATIO;
   (I)  REASONABLE GROUNDS AND BASIS FOR THE NON-ACCEPTANCE OF A PROPOSAL
 SUBMITTED TO THE EARLY LEARNING CHILD  CARE  AGENCY  WHEN  THE  PROPOSAL
 OTHERWISE  MEETS,  TO  THE EXTENT APPLICABLE, ALL THE REGULATIONS OF THE
 REQUIREMENTS SET FORTH IN THIS SUBDIVISION, AS WELL AS SUBDIVISIONS SIX,
 SEVEN, AND EIGHT OF SECTION FOUR HUNDRED TEN-BB OF THIS ARTICLE;
   (J) ANY OTHER PROGRAM COMPONENTS, SUCH AS HEALTH, NUTRITION OR SUPPORT
 SERVICES, WHICH THE CHILD CARE BOARD DEEM APPROPRIATE AND NECESSARY  FOR
 THE  APPROPRIATE AND EFFECTIVE IMPLEMENTATION OF AN EARLY LEARNING CHILD
 CARE PROGRAM;
   (K) COMMENCING JULY FIRST, TWO THOUSAND  TWENTY-FIVE,  AND  CONTINUING
 UNTIL  JUNE  THIRTIETH,  TWO  THOUSAND TWENTY-SIX, APPROVING A PLAN THAT
 REQUIRES THAT THE SOCIAL SERVICES DISTRICT GIVE  PREFERENCE  TO  SERVING
 ELIGIBLE  CHILDREN  WHO  ARE LIVING IN ECONOMICALLY DISTRESSED AREAS, AS
 DEFINED BY SECTION FOUR HUNDRED TEN-AA OF THIS ARTICLE;
   (L) APPROVING A PROCESS BY WHICH AN AGENCY SHALL SUBMIT AN APPLICATION
 TO A SOCIAL SERVICES DISTRICT; AND
   (M) APPROVING A FORMULA FOR A  GRANT  FOR  DROP-IN  CARE  PURSUANT  TO
 SECTION FOUR HUNDRED TEN-DD OF THIS ARTICLE.
   2. THE BOARD SHALL MEET AS FREQUENTLY AS ITS BUSINESS MAY REQUIRE. THE
 BOARD  SHALL  ENACT, AND FROM TIME TO TIME MAY AMEND, BYLAWS IN RELATION
 TO ITS MEETINGS AND THE TRANSACTIONS OF ITS BUSINESS. A MAJORITY OF  THE
 TOTAL NUMBER OF VOTING MEMBERS WHICH THE BOARD WOULD HAVE, WERE THERE NO
 VACANCIES, SHALL CONSTITUTE A QUORUM AND SHALL BE REQUIRED FOR THE BOARD
 TO  CONDUCT  BUSINESS.  ALL  MEETINGS  OF  THE  ADVISORY  BOARD SHALL BE
 CONDUCTED IN ACCORDANCE WITH THE PROVISIONS  OF  ARTICLE  SEVEN  OF  THE
 PUBLIC OFFICERS LAW.
   § 410-DDD.  POWERS AND DUTIES OF THE EXECUTIVE DIRECTOR. THE EXECUTIVE
 DIRECTOR SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   1.  (A) TO  EXERCISE  THE POWERS AND PERFORM THE DUTIES IN RELATION TO
 THE ADMINISTRATION OF THE EARLY LEARNING CHILD CARE PROGRAM AS  ARE  NOT
 SPECIFICALLY  VESTED  OR DELEGATED BY THIS CHAPTER IN THE EARLY LEARNING
 CHILD CARE BOARD; AND  (B) TO OVERSEE SOCIAL SERVICES DISTRICTS ADMINIS-
 TRATION OF THE LAW.
   2. TO KEEP RECORDS IN SUCH FORM AS THEY MAY PRESCRIBE OF  ALL  CERTIF-
 ICATIONS AND LICENSES.
   3.  TO  INSPECT OR PROVIDE FOR THE INSPECTION OF ANY PREMISES WHERE AN
 EARLY LEARNING CHILD CARE PROGRAM IS LOCATED.
   4. TO PRESCRIBE FORMS OF APPLICATIONS FOR CERTIFICATIONS, LICENSES AND
 CONTRACTS UNDER THIS CHAPTER AND OF ALL REPORTS DEEMED NECESSARY BY  THE
 BOARD.
   5.  TO INSPECT OR PROVIDE FOR THE INSPECTION OF ANY CERTIFIED PREMISES
 WHERE AN EARLY LEARNING CHILD CARE PROGRAM IS BEING ADMINISTERED.
   6. TO PRESCRIBE FORMS FOR APPLICATIONS FOR CERTIFICATIONS AND LICENSES
 UNDER THIS CHAPTER AND OF ALL REPORTS DEEMED NECESSARY BY THE BOARD.
   7. TO DELEGATE THE POWERS AUTHORIZED IN THIS  SECTION  TO  SUCH  OTHER
 OFFICERS  OR  EMPLOYEES  AS  MAY  BE DEEMED APPROPRIATE BY THE EXECUTIVE
 DIRECTOR.
   8. TO EXERCISE THE POWERS AND PERFORM THE DUTIES AS DELEGATED  BY  THE
 BOARD  IN  RELATION TO THE ADMINISTRATION OF THE BOARD AS ARE NECESSARY,
 INCLUDING BUT NOT LIMITED TO BUDGETARY AND FISCAL MATTERS.
   9. TO ENTER INTO CONTRACTS, MEMORANDA OF UNDERSTANDING, AND AGREEMENTS
 TO EFFECTUATE THE POLICY AND PURPOSE OF THIS CHAPTER.
 A. 8852--A                         20
 
   10. TO ADVISE AND ASSIST THE BOARD IN CARRYING OUT ANY  OF  ITS  FUNC-
 TIONS, POWERS AND DUTIES.
   11.  TO  COORDINATE  ACROSS STATE AGENCIES AND DEPARTMENTS IN ORDER TO
 RESEARCH AND  STUDY  ANY  CHANGES  IN CHILD CARE  USE,  COSTS,  ADMINIS-
 TRATION, AND ALL RELATED FIELDS.
   12. TO ISSUE GUIDANCE AND INDUSTRY ADVISORIES.
   §  410-EEE.  ETHICS, TRANSPARENCY AND ACCOUNTABILITY. NO MEMBER OF THE
 BOARD OR OFFICE OF CHILDREN AND FAMILY SERVICES OR ANY OFFICER,  DEPUTY,
 ASSISTANT,  INSPECTOR  OR  EMPLOYEE,  OR  SPOUSE  OR MINOR CHILD OF SUCH
 MEMBER, OFFICER, DEPUTY, ASSISTANT, INSPECTOR OR EMPLOYEE THEREOF  SHALL
 HAVE ANY INTEREST, DIRECT OR INDIRECT, EITHER PROPRIETARY OR BY MEANS OF
 ANY  LOAN,  MORTGAGE OR LIEN, OR IN ANY OTHER MANNER, IN OR ON ANY PREM-
 ISES WHERE CHILD CARE IS PROVIDED; NOR SHALL HE OR SHE HAVE  ANY  INTER-
 EST,  DIRECT OR INDIRECT, IN ANY BUSINESS WHOLLY OR PARTIALLY DEVOTED TO
 CHILD CARE, OR OWN ANY STOCK IN ANY CORPORATION WHICH HAS ANY  INTEREST,
 PROPRIETARY  OR  OTHERWISE,  DIRECT  OR  INDIRECT, IN ANY PREMISES WHERE
 CHILD CARE IS PROVIDED, OR RECEIVE ANY COMMISSION OR PROFIT  WHATSOEVER,
 DIRECT OR INDIRECT, FROM ANY PERSON APPLYING FOR OR RECEIVING ANY SUBSI-
 DY  OR GRANT IN THIS PROGRAM, OR HOLD ANY OTHER ELECTED PUBLIC OFFICE IN
 THE STATE OR IN ANY POLITICAL SUBDIVISION. AFTER NOTICE AND  OPPORTUNITY
 TO  BE  HEARD,  ANYONE  FOUND  TO  HAVE  KNOWINGLY  VIOLATED  ANY OF THE
 PROVISIONS OF THIS SECTION SHALL, AFTER NOTICE,  BE  REMOVED  AND  SHALL
 DIVEST  THEMSELVES  OF SUCH DIRECT OR INDIRECT INTERESTS, IN ADDITION TO
 ANY OTHER PENALTY PROVIDED BY LAW.
   § 7. This act shall take effect one year after it shall have become  a
 law.