Bill Text: NY A08852 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes the Early Learning Child Care Act to impose a payroll tax on certain employers for the purposes of addressing child care affordability, accessibility, and quality for families with children under five years of age; establishes the early learning child care fund; establishes the early learning child care program to provide subsidies to covered children to attend early learning child care programs; establishes the New York state child care board.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-02-22 - print number 8852a [A08852 Detail]
Download: New_York-2023-A08852-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8852--A IN ASSEMBLY 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: 1 Section 1. This act shall be known and may be cited as the "Early 2 Learning Child Care Act". 3 § 2. Legislative findings and intent. The legislature hereby finds and 4 declares that New Yorkers are struggling to find quality affordable 5 child care where the federal government and New York state have ignored 6 their duty to provide children, particularly infants, with affordable, 7 safe and proper care. 8 The legislature hereby finds and declares that recent studies suggest 9 that working parents earning the median household wage must spend nearly 10 31% of their income to afford center-based child care. Child care in New 11 York city has an average annual cost for infants and toddlers in 12 center-based child care of nearly nineteen thousand dollars, while home- 13 based child care can cost over ten thousand dollars annually. 14 The legislature hereby finds and declares that currently child care 15 agencies cannot afford to pay their workforce because of low reimburse- 16 ment rates that have left the industry understaffed, with high employee 17 turnover and employees living in poverty. 18 Therefore, the legislature hereby finds and declares that the govern- 19 ment has an obligation to curb child care costs for families and provide 20 a proper education and environment to children under five years of age, 21 while investing in the human infrastructure to make sure providers and 22 educators are properly compensated and trained. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06315-03-4A. 8852--A 2 1 § 3. The tax law is amended by adding a new article 24-C to read as 2 follows: 3 ARTICLE 24-C 4 EARLY LEARNING CHILD CARE ACT 5 Section 875. Definitions. 6 876. Imposition of tax and rate. 7 877. Pass through of tax prohibited. 8 878. Exemption override. 9 879. Payment of tax. 10 880. Deposit and disposition of revenue. 11 881. Procedural provisions. 12 882. Enforcement with other taxes. 13 § 875. Definitions. For the purposes of this article: 14 (a) Employer. Employer means an employer required by section six 15 hundred seventy-one of this chapter to deduct and withhold tax from 16 wages, that has a payroll expense in excess of two thousand five hundred 17 thousand dollars in any calendar year; other than: 18 (1) any agency or instrumentality of the United States; 19 (2) the United Nations; 20 (3) an interstate agency or public corporation created pursuant to an 21 agreement or compact with another state or the Dominion of Canada. 22 (b) Payroll expense. Payroll expense means wages and compensation as 23 defined in sections 3121 and 3231 of the internal revenue code (without 24 regard to section 3121(a)(1) and section 3231(e)(2)(A)(i)), paid to all 25 covered employees. 26 (c) Covered employee. Covered employee means an employee who is 27 employed in the state of New York. 28 § 876. Imposition of tax and rate. (a) For the purpose of providing 29 an additional stable and reliable dedicated funding source to address 30 child care affordability, accessibility, and quality for families with 31 children under five years of age, a tax is hereby imposed on employers 32 and individuals as follows: (1) For employers who engage in business 33 within the state, the tax is imposed at a rate of (A) eleven hundredths 34 (.11) percent of the payroll expense for employers with payroll expense 35 no greater than three hundred seventy-five thousand dollars in any 36 calendar quarter, (B) twenty-three hundredths (.23) percent of the 37 payroll expense for employers with payroll expense greater than three 38 hundred seventy-five thousand dollars and no greater than four hundred 39 thirty-seven thousand five hundred dollars in any calendar quarter, and 40 (C) thirty-four hundredths (.34) percent of the payroll expense for 41 employers with payroll expense in excess of four hundred thirty-seven 42 thousand five hundred dollars in any calendar quarter. If the employer 43 is a professional employer organization, as defined in section nine 44 hundred sixteen of the labor law, the employer's tax shall be calculated 45 by determining the payroll expense attributable to each client who has 46 entered into a professional employer agreement with such organization 47 and the payroll expense attributable to such organization itself, multi- 48 plying each of those payroll expense amounts by the applicable rate set 49 forth in this paragraph and adding those products together. (2) For 50 individuals, the tax is imposed at a rate of thirty-four hundredths 51 (.34) percent of the net earnings from self-employment of individuals 52 that are attributable to the state if such earnings attributable to the 53 state exceed fifty thousand dollars for the tax year. 54 (b)(1) An individual having net earnings from self-employment from 55 activity both within and without the state is required to allocate and 56 apportion such net earnings to the state in the manner required forA. 8852--A 3 1 allocation and apportionment of income under article twenty-two of this 2 chapter. 3 (2) In the case of individuals with earnings from self-employment, the 4 net earnings from self-employment threshold in paragraph two of 5 subsection (a) of this section will be computed on an individual basis 6 regardless of whether that individual filed a joint personal income tax 7 return. 8 (c) The determination of whether a covered employee is employed within 9 the state will be made by utilizing the rules applicable to the juris- 10 diction of employment for purposes of the statewide wage reporting 11 system under section one hundred seventy-one-a of this chapter. 12 § 877. Pass through of tax prohibited. An employer cannot deduct from 13 the wages or compensation of an employee any amount that represents all 14 or any portion of the tax imposed on the employer under this article. 15 § 878. Exemption override. (a) Except as provided in subsection (b) of 16 this section, any exemption from tax specified in any other New York 17 state law will not apply to the tax imposed by this article. 18 (b) In a tax-free NY area approved pursuant to the provisions of arti- 19 cle twenty-one of the economic development law, the payroll expense of 20 any employer that is located in such area and accepted into the START-UP 21 NY program shall be exempt from the tax imposed under this article. In 22 addition, the net earnings from self-employment of an individual from a 23 business in such tax-free NY area that is accepted into the START-UP NY 24 program shall be exempt from the tax imposed under this article. 25 § 879. Payment of tax. (a) Employers with payroll expense. The tax 26 imposed on the payroll expense of employers under section eight hundred 27 seventy-six of this article for each calendar quarter must be paid quar- 28 terly at the same time as the statewide wage reporting system report is 29 required under section one hundred seventy-one-a of this chapter; 30 provided however, that employers subject to section nine of this chapter 31 other than school districts as defined in section thirty-six hundred 32 nine-g of the education law must pay the tax on the payroll expense at 33 the same time as the withholding tax remitted under the electronic 34 payment reporting system and the electronic funds transfer system 35 authorized by section nine of this chapter. 36 (b) Individuals with net earnings from self-employment. Individuals 37 with earnings from self-employment must make estimated tax payments of 38 the tax imposed by this article for the taxable year on the same dates 39 specified in paragraph one of subsection (c) of section six hundred 40 eighty-five of this chapter. In addition, these self-employed individ- 41 uals must file a return for the taxable year by the fifteenth day of the 42 fourth month following the close of the taxable year. Paragraph one of 43 subsection (d) of section six hundred eighty-five of this chapter shall 44 not apply to the estimated tax payments required by this subsection. 45 § 880. Deposit and disposition of revenue. (a) The taxes, interest, 46 and penalties imposed by this article and collected or received by the 47 commissioner shall be deposited daily with such responsible banks, bank- 48 ing houses or trust companies, as may be designated by the comptroller 49 to the credit of the comptroller in trust for the early learning child 50 care program. An account may be established in one or more of such 51 depositories. Such deposits will be kept separate and apart from all 52 other money in the possession of the comptroller. The comptroller shall 53 require adequate security from all such depositories. Of the total 54 revenue collected or received under this article, the comptroller shall 55 retain such amount as the commissioner may determine to be necessary for 56 refunds under this article. The commissioner is authorized and directedA. 8852--A 4 1 to deduct from the amounts it receives under this article, before depos- 2 it into the trust accounts designated by the comptroller, a reasonable 3 amount necessary to effectuate refunds of appropriations of the depart- 4 ment to reimburse the department for the costs incurred to administer, 5 collect and distribute the taxes imposed by this article. 6 (b) On or before the twelfth and twenty-sixth day of each succeeding 7 month, after reserving such amount for such refunds and deducting such 8 amounts for such costs, as provided for in subsection (a) of this 9 section, the commissioner shall certify to the comptroller the amount of 10 all revenues so received during the prior month as a result of the 11 taxes, interest and penalties so imposed. The amount of revenues so 12 certified shall be paid over by the fifteenth and the final business day 13 of each succeeding month from such account without appropriation into 14 the early learning child care fund established pursuant to section nine- 15 ty-nine-rr of the state finance law, provided, however, that the comp- 16 troller shall ensure that any payments to the early learning child care 17 fund which are due to be paid by the final business day in the month of 18 December pursuant to this subsection shall be received by the early 19 learning child care fund on the same business day in which it is paid. 20 § 881. Procedural provisions. (a) General. All provisions of article 21 twenty-two of this chapter shall apply to the provisions of this article 22 in the same manner and with the same force and effect as if the language 23 of article twenty-two of this chapter had been incorporated in full into 24 this article and had been specifically adjusted for and expressly 25 referred to the tax imposed by this article, except to the extent that 26 any provision is either inconsistent with a provision of this article or 27 is not relevant to this article. Notwithstanding the preceding sentence, 28 no credit against tax in article twenty-two of this chapter can be used 29 to offset the tax due under this article. 30 (b) Combined filings. Notwithstanding any other provisions of this 31 article: 32 (1) The commissioner may require the filing of a combined return 33 which, in addition to the return provided for in subsection (b) of 34 section eight hundred seventy-nine of this article, may also include any 35 of the returns required to be filed by a taxpayer pursuant to the 36 provisions of section six hundred fifty-one of this chapter and which 37 may be required to be filed by such taxpayer pursuant to any local law 38 enacted pursuant to the authority of article thirty, thirty-A or thir- 39 ty-B of this chapter. 40 (2) Where a combined return is required, and with respect to the 41 payment of estimated tax, the commissioner may also require the payment 42 to it of a single amount which shall equal the total of the amounts 43 (total taxes less any credits or refunds) which would have been required 44 to be paid with the returns or in payment of estimated tax pursuant to 45 the provisions of this article, the provisions of article twenty-two of 46 this chapter, and the provisions of local laws enacted under the author- 47 ity of article thirty, thirty-A or thirty-B of this chapter. 48 (3) Notwithstanding any other law to the contrary, the commissioner 49 may require that all filings of forms or returns under this article 50 shall be filed electronically and all payments of tax shall be paid 51 electronically. 52 § 882. Enforcement with other taxes. (a) Joint assessment. If there is 53 assessed a tax under this article and there is also assessed a tax 54 against the same taxpayer pursuant to article twenty-two of this chapter 55 or under a local law enacted pursuant to the authority of article thir- 56 ty, thirty-A, or thirty-B of this chapter, and payment of a singleA. 8852--A 5 1 amount is required under the provisions of this article, such payment 2 shall be deemed to have been made with respect to the taxes so assessed 3 in proportion to the amounts of such taxes due, including tax, penal- 4 ties, interest and additions to tax. 5 (b) Joint action. If the commissioner takes action under such article 6 twenty-two or under a local law enacted pursuant to the authority of 7 article thirty, thirty-A, or thirty-B of this chapter with respect to 8 the enforcement and collection of the tax or taxes assessed under such 9 articles, the commissioner shall, whenever possible and necessary, 10 accompany such action with a similar action under similar enforcement 11 and collection provisions of the tax imposed by this article. 12 (c) Apportionment of moneys collected by joint action. Any moneys 13 collected as a result of such joint action shall be deemed to have been 14 collected in proportion to the amounts due, including tax, penalties, 15 interest and additions to tax, under article twenty-two of this chapter 16 or under a local law enacted pursuant to the authority of article thir- 17 ty, thirty-A, or thirty-B of this chapter and the tax imposed by this 18 article. 19 (d) Joint deficiency action. Whenever the commissioner takes any 20 action with respect to a deficiency of income tax under article twenty- 21 two of this chapter or under a local law enacted pursuant to the author- 22 ity of article thirty, thirty-A, or thirty-B of this chapter, other than 23 the action set forth in subsection (a) of this section, the commissioner 24 may in his or her discretion accompany such action with a similar action 25 under this article. 26 § 4. The state finance law is amended by adding a new section 99-rr to 27 read as follows: 28 § 99-rr. Early learning child care fund. 1. There is hereby estab- 29 lished in the joint custody of the state comptroller and the commission- 30 er of taxation and finance a fund to be known as the "early learning 31 child care fund". 32 2. Such fund shall consist of all revenues received by the state, 33 pursuant to the provisions of article twenty-four-C of the tax law and 34 all other moneys appropriated thereto from any other fund or source 35 pursuant to law. Nothing contained in this section shall prevent the 36 state from receiving grants, gifts or bequests for the purposes of the 37 fund as defined in this section and depositing them into the fund 38 according to law. 39 3. Moneys shall be payable from the fund on the audit and warrant of 40 the comptroller on vouchers approved and certified by the commissioner 41 of social services. 42 § 5. Article 6 of the social services law is amended by adding a new 43 title 5-D to read as follows: 44 TITLE 5-D 45 EARLY LEARNING CHILD CARE PROGRAM 46 Section 410-aa. Definitions. 47 410-bb. Early learning child care program. 48 410-cc. Financial assistance to qualified agencies for early 49 learning child care program and enrollment. 50 410-dd. Drop-in care. 51 410-ee. Application and eligibility for families. 52 410-ff. Child care stabilization grant. 53 410-gg. Expansion grants; tax incentives. 54 410-hh. Training, technical assistance and professional develop- 55 ment funding. 56 410-ii. Coordination and integration funds.A. 8852--A 6 1 410-jj. Reporting requirements. 2 410-kk. Enforcement. 3 410-ll. Taskforce to study after school programming for five to 4 twelve year old children and crisis care. 5 § 410-aa. Definitions. As used in this title, the term: 6 1. "Qualified agency" means any in family day care homes, group family 7 day care homes, head start programs or center-based child care that is 8 certified and licensed by the state. 9 2. "Early learning child care program" means a child care program for 10 a child not less than six weeks of age and not more than five years of 11 age who has not yet started kindergarten that is provided in family day 12 care homes, group family day care homes, head start programs or center- 13 based child care that is certified and licensed by the state. 14 3. "Covered child" means a child: 15 (a) who is less than five years of age; or 16 (b) who is not yet in kindergarten. 17 4. "Financial assistance" means assistance provided by grant for which 18 payments may be made in installments and in advance or by way of 19 reimbursement with necessary adjustments on account of overpayments or 20 underpayments. 21 5. "Low-income", with respect to a child or other individual, means an 22 individual in a family with a family income that is not more than four 23 hundred percent of the poverty line. 24 6. "Poverty line" means the official poverty line, as defined by the 25 federal office of management and budget, based on the most recent data 26 available from the bureau of the census: (a) adjusted to reflect the 27 percentage change in the consumer price index for all urban consumers, 28 issued by the bureau of labor statistics, during the annual or other 29 interval immediately preceding the date on which such adjustment is 30 made; and (b) adjusted for family size. 31 7. "Professional development" means the career pathway aligned mech- 32 anisms that contribute to ensuring that a member of the early care and 33 education workforce, in any setting, has or is working towards obtaining 34 the degrees, credentials, and other trainings needed to demonstrate the 35 necessary knowledge and competencies for quality provision of child care 36 and early learning services. 37 8. "Expansion grant" means a monetary grant provided on a yearly basis 38 to provide eligible agencies with funds for capital improvements, 39 supplies, and other miscellaneous capital funds associated with building 40 and maintaining an early learning child care program. 41 9. "Child care stabilization grant" means a monetary grant provided in 42 fiscal year two thousand twenty-four to help child care providers pay 43 their workforce a competitive wage and to hire more workers at a higher 44 wage. 45 10. "Income eligibility fee scale" means a formula used to determine 46 how much a family will spend on child care based on their income and how 47 much will be subsidized through the universal child care program pursu- 48 ant to section four hundred ten-ee of this title. 49 11. "Early learning program proposal" means a plan put together by 50 qualified agencies designed to effectively serve covered children. 51 12. "Session" means one early learning child care program class oper- 52 ating pursuant to time, staff ratio and other regulatory requirements 53 set forth. 54 13. "Full working day" means not less than ten hours per day. 55 14. "Non-school hours" means: (a) the difference between a covered 56 child's available hours in the early learning child care program minusA. 8852--A 7 1 the hours in a prekindergarten program; and (b) summer vacation and 2 prekindergarten school holidays. 3 15. "Contracted care facility" means managed eligible agencies, such 4 as in-home or center-based care facilities, or schools operating as 5 early care and learning programs that enter into a contract with the 6 office of children and family services, local department of education or 7 other qualified agency to meet detailed and specific requirements and 8 goals. 9 16. "Drop-in care" means care provided to a covered child on short 10 notice on a temporary basis as to help families with emergency situ- 11 ations. 12 § 410-bb. Early learning child care program. 1. The department is 13 hereby authorized and empowered to establish and operate the early 14 learning child care program as authorized pursuant to section four 15 hundred ten-ee of this title and as funded pursuant to article twenty- 16 four-C of the tax law. The department shall have two dedicated revenue 17 streams supporting the program for children under five years old who 18 have not yet started kindergarten. One part of the funding shall be 19 dedicated to building out the needed infrastructure for establishing new 20 child care facilities, training the workforce, and increasing capacity 21 in existing facilities across the state through grants and scholarships. 22 Grants shall include funding for capital purchases and improvements, 23 expansion of provider networks, training activities and professional 24 development programs, hiring more staff, the regulation and monitor- 25 ing of the program, the development of computerized data systems, and 26 consumer education. The second part of the funding shall be dedicated to 27 providing covered children subsidies to attend qualified agencies' early 28 learning child care programs. Up to ten percent of such funding may be 29 used by the department to provide funds to social services districts, 30 the child care resource and referral program, and to designated partners 31 of the social services districts to administer the program, including 32 for outreach, processing applications, helping families and eligible 33 agencies navigate the application process, setting up local data 34 collection, and all other administrative activities associated with 35 administering the program. 36 2. Allocation of funds. (a) The department shall annually allocate all 37 funds dedicated to the program pursuant to article twenty-four-C of the 38 tax law to social services districts according to an allocation plan 39 developed by the department, eligibility based on this title, and 40 approved by the director of the budget. The allocation plan shall be 41 based, at least in part, on historical costs and on the availability, 42 cost of, and need for child care assistance in each social services 43 district. The commissioner shall take into account the incomes of 44 residents in the area and shall also take into account the fee scale 45 pursuant to section four hundred ten-ee of this title. Annual allo- 46 cations shall be made on a state fiscal year basis. Social services 47 districts shall demonstrate an ability to administer the program. If a 48 social services district is unable to demonstrate such an ability, the 49 state shall be the administrator of the county early learning program. 50 (b) Social services districts shall expend the allocated money for all 51 eligible early learning child care programs pursuant to this title which 52 are qualified agencies based on covered children's eligibility and the 53 cost estimation model used to reimburse agencies, pursuant to this title 54 and the rules and regulations adopted by the department. 55 3. Early learning child care programs shall fall into two categories 56 broadly: (a) voucher eligible agencies; and (b) contracted care eligibleA. 8852--A 8 1 agencies. Social services districts shall have authority over how much 2 funding will be dedicated to these two categories, as long as the 3 social services districts program meets all requirements pursuant to the 4 program. 5 4. (a) A social services district shall make awards for contracted 6 care to consolidated applications submitted by qualified agencies which 7 include early learning child care programs offered by non-profit organ- 8 izations, community-based organizations, schools, libraries, museums, 9 and/or charter schools which shall demonstrate geographic diversity 10 within the area to be served as well as diversity of providers. 11 (b) Social services districts shall certify voucher eligible programs 12 to applications submitted by qualified agencies which include early 13 learning child care programs offered by in-home care, center-based care, 14 informal care providers who are for profit or non-profit organizations, 15 community-based organizations, charter schools, libraries and museums, 16 which may apply individually to the extent allowed under paragraph (c) 17 of this subdivision. Any consolidated application shall include, but 18 shall not be limited to, the names of individual locations and provid- 19 ers, applicable licenses, facility lease information, and intended 20 staffing plans. 21 (c) Prior to submission of a consolidated application, the local 22 commissioner of social services shall widely solicit prospective eligi- 23 ble agencies. The local commissioner of social services shall notify 24 any applicant who has been denied inclusion in the consolidated applica- 25 tion and/or has not been certified no later than two weeks prior to the 26 submission of such application. Such eligible providers denied inclusion 27 may apply individually as provided in paragraph (a) of this subdivision. 28 5. The child care resource and referral program shall receive funds 29 to: (a) help qualified agencies and prospective qualified agencies 30 navigate the early child care program application process, including 31 meeting operating standards, hiring staff, offering competitive wages to 32 retain or hire new staff, and applying for proper funding based on 33 prospective covered children's eligibility for the program; and (b) 34 provide families assistance in connecting with early learning child care 35 programs across the state. As a condition of receiving funds pursuant 36 to this section, the child care resource and referral program 37 shall demonstrate that it is receiving or has an agreement to receive 38 funds from sources other than the department pursuant to this title. 39 6. Qualified agencies shall apply to the office of children and family 40 services for funds for prospective covered children. All eligible appli- 41 cations shall include a commitment to use appropriate accounting and 42 fiscal control procedures which shall include the filing of an annual 43 financial statement which has been audited as required by the office so 44 as to ensure: 45 (a) the proper disbursement accounting for funds received; 46 (b) appropriate written records regarding the population served, 47 including the level of financial assistance needed and the type and 48 extent of services rendered; and 49 (c) data is collected on applications received, families served, and 50 providers approved. 51 7. Qualified agencies approved to receive funding shall be required to 52 follow section four hundred ten-q of this article to provide information 53 to parents who contact the certified child care center about the best 54 child care options for parents and their covered child. 55 8. In order for an early learning program application by qualified 56 agencies to be accepted and approved for funding, a proposal shall:A. 8852--A 9 1 (a) include a needs assessment of the area within the applicant's 2 community; 3 (b) demonstrate an ability to operate after typical work hours for 4 parents working a full working day on atypical hours; 5 (c) provide for age and developmentally appropriate curriculum and 6 activities; 7 (d) provide for periodic assessments of a child's development; 8 (e) provide a proper learning environment, materials and supplies for 9 children to develop properly; 10 (f) have a robust plan and infrastructure to engage and communicate 11 with families; 12 (g) meet staffing requirement criteria created by the department; 13 (h) provide adequate training and professional development opportu- 14 nities for teachers and staff; 15 (i) demonstrate the quality of the facility; 16 (j) demonstrate the manner in which the physical well-being, health 17 and nutrition are addressed; 18 (k) ensure equal opportunity by abiding by all standards set by Title 19 III of the federal Americans with Disabilities Act in accordance with 20 state law; 21 (l) incorporate an implicit bias and cultural competency training for 22 child care providers, specifically focusing on served population; 23 (m) demonstrate compliance with local health licensing and permit 24 requirements; 25 (n) outline the care options provided in relation to full working day 26 hour sessions and non-school hour sessions; and 27 (o) other standards determined by the department. 28 9. Pursuant to section four hundred ten-cc of this title, an early 29 learning program shall pay workers a salary that is equivalent to no 30 less than forty-five thousand dollars annually for a full time teacher 31 or staff members. 32 10. The department shall create a quality standard that eligible agen- 33 cies shall meet to accept covered children who qualify for the prekin- 34 dergarten program, but whose family choose to participate in the early 35 learning child care program instead. This standard shall be met for an 36 eligible agency to accept a covered child for a full working day session 37 into the early learning child care program. 38 11. An early learning program proposal submitted under this section 39 may be disapproved or a prior designation of qualified agency may be 40 withdrawn only if the commissioner, in accordance with regulations 41 established by the commissioner, has provided: (a) written notice of 42 intention to disapprove such proposal or withdraw such designation, 43 including a statement of the reasons for such disapproval or withdrawal; 44 (b) a reasonable time in which to submit corrective amendments to such 45 plan or undertake other necessary corrective action. Provided, however, 46 that approved facilities shall be disapproved or withdrawn from the 47 program when there is an open child protective services investigation or 48 if a facility has been suspended or closed in the past due to the result 49 of a child protective services investigation. 50 12. The New York state child care board established pursuant to title 51 five-E of this article shall adopt all other rules and regulations 52 necessary to administer the program. 53 § 410-cc. Financial assistance to qualified agencies for early learn- 54 ing child care program and enrollment. 1. Social services districts 55 shall provide financial assistance for carrying out the early learning 56 child care program to qualified agencies. The amount of financialA. 8852--A 10 1 assistance provided shall be based on a cost estimation model created by 2 the department which determines the actual cost of care in relation to 3 the income eligibility fee scale for each covered child of the program. 4 The cost estimation model shall be determined by a report from the 5 office of children and family services. The formula shall also take 6 into account needed wage increases to hire and retain enough child care 7 professionals to meet the needs of the program in relation to the posi- 8 tion of a covered child's family on the income eligibility fee scale. 9 Such payment rates shall take into account the variations in the costs 10 of providing child care in different settings and to children of differ- 11 ent age groups, and the additional costs of providing child care for 12 children with special needs. 13 2. Qualified agencies participating in the early learning child care 14 program shall be reimbursed by the state based on the enrollment of 15 covered children. Financial assistance shall be provided to the quali- 16 fied agency regardless of whether a covered child attends their assigned 17 session or not. 18 3. When determining the market rate cost for early child care learning 19 programs, the department shall take into account: 20 (a) wages for workers that shall not be less than forty-five thousand 21 dollars a year; 22 (b) an established differential payment rate for child care services 23 for eligible agencies. Such differential payment rate shall be 24 fifteen percent higher than the actual cost of care or the applicable 25 market-related payment rate established by the office in regulations, 26 whichever is less. Differential payment rates shall be provided to 27 eligible agencies who provide care to: (i) a child experiencing home- 28 lessness; (ii) a child during non-traditional hours; and/or (iii) any 29 other at-risk children that the New York state child care board deems 30 appropriate; 31 (c) the education level of the staff member when determining pay, with 32 staff with bachelors and masters degrees being paid more than those 33 without such degrees; and 34 (d) wages for workers that take into account cost of living differ- 35 ences across different regions of the state. 36 § 410-dd. Drop-in care. 1. Eligible agencies that are contracted care 37 facilities or voucher eligible facilities that offer drop-in care shall 38 be eligible to receive a grant pursuant to subdivision two of this 39 section, based on the following criteria: 40 (a) the eligible agency meets all requirements outlined in the early 41 learning child care program; and 42 (b) the eligible agency holds open spots for enrollment to covered 43 children, based on the following sizes of the eligible agency's enroll- 44 ment capacity: 45 (i) if fifteen children or less are enrolled within a child care 46 facility, the eligible agency shall have a minimum of one spot available 47 for drop-in care in order to receive the grant; 48 (ii) if thirty children or less are enrolled within a child care 49 facility, the eligible agency shall have a minimum of two spots avail- 50 able for drop-in care in order to receive the grant; 51 (iii) if forty-five children or less are enrolled within a child care 52 facility, the eligible agency shall have a minimum of three spots avail- 53 able for drop-in care in order to receive the grant; and 54 (iv) if more than forty-five children are enrolled within a child care 55 facility, the eligible agency shall have a minimum of four spots avail- 56 able for drop-in care in order to receive the grant.A. 8852--A 11 1 2. Child care facilities that choose to provide drop-in care in 2 accordance with the standards listed above within the first year of the 3 program shall receive a grant in accordance with the formula approved by 4 the New York state child care board. The grant shall be reassessed with- 5 in the first year by the child care research and data collection task- 6 force and new stipulations shall be released in the final report of such 7 taskforce and regulated by the New York state child care board. 8 3. The New York child care board shall allocate time toward the expan- 9 sion and cost of a drop-in program. 10 § 410-ee. Application and eligibility for families. 1. The department 11 shall mandate that all social services districts provide qualified agen- 12 cies approved for the early learning child care program with the proper 13 forms for families to complete an application to the program for their 14 covered child. Such application forms shall be processed by the social 15 services district and shall be made available: (a) online in a print- 16 able, and fillable format on the website of the relevant social services 17 district; and (b) in a translated version of the three to six most 18 commonly spoken languages in the relevant social services district, 19 either in-print or online. Qualified agencies shall provide families who 20 seek enrollment at their local child care and early learning program 21 information on how to contact their local social services district and 22 child care resource and referral agencies for help in applying to the 23 program. 24 2. Families may apply to a local child care and early learning program 25 in such form and at such time as the executive director of the New York 26 state child care board may prescribe, provided, however that such appli- 27 cation shall require: proof of earnings, proof of identity, proof of 28 residency, and proof of whether a child is registered in a universal 29 prekindergarten program pursuant to section thirty-six hundred two-e of 30 the education law and, if registered, for how many hours per day. 31 3. Applicants may prove earnings by providing: (a) proof of earnings 32 through the presentation of a filed tax return from the previous year, 33 or if proof of income through tax return is not possible the commission- 34 er may allow a letter from an employer documenting the dates of work of 35 the applicant and the yearly pay from the employer; (b) a form W-2 or 36 1099 from at least one of the two most recent completed tax years; or 37 (c) a wage notice provided pursuant to section one hundred ninety-five 38 of the labor law that documents employment for a period of time within 39 six months prior to the date the applicant certifies he or she became 40 eligible for benefits pursuant to this title. 41 4. Applicants may prove identity by providing: 42 (a) A driver's license, motor vehicle ID card number, valid foreign 43 driver's license that includes a photo image of the applicant and which 44 is unexpired or expired for less than twenty-four months of its date of 45 expiration, New York state ID, IDNYC or other New York municipal or 46 county identification card, valid unexpired foreign passport issued by 47 the applicant's country of citizenship, or valid unexpired consular 48 identification document issued by a consulate from the applicant's coun- 49 try of citizenship. Nothing contained in this subdivision shall be 50 deemed to preclude the commissioner from approving additional proofs of 51 identity; or 52 (b) A social security number or, in lieu thereof, an individual 53 taxpayer identification number or a United States citizenship and immi- 54 gration services number; orA. 8852--A 12 1 (c) The names and addresses of all employers and/or hiring parties, in 2 and out of the state, for the last eighteen months to the extent that 3 such information is available to the applicant; or 4 (d) A mailing address and zip code. 5 5. Applicants may prove residency by providing: (a) a New York state 6 driver's license or state identification card, an IDNYC; (b) a utility 7 bill with a proper address and listed under the applicant's confirmed 8 identity, or a credit card statement with a proper address and listed 9 under the applicant's confirmed identity; or (c) a lease agreement or 10 mortgage statement with a proper address and listed under the appli- 11 cant's confirmed identity, a letter from the New York city housing 12 authority, a letter from a homeless shelter, or any additional form of 13 government identification or identification approved by the department 14 and the New York state child care board. 15 6. Prekindergarten eligible children who apply to attend the early 16 learning child care program shall provide documentation proving the 17 number of hours a child attends a prekindergarten program, whether no 18 hours or a full school day. 19 7. Families shall be found eligible for financial assistance using an 20 income eligibility fee scale based on the current federal poverty line 21 and adjusted for the size of the family. No co-payments shall be 22 assigned to families of covered children. 23 8. A fee under this section shall be charged to families of a covered 24 child based on income levels as follows: 25 (a) A covered child who is in a family with an income that is less 26 than four hundred percent of the poverty line shall be assessed no fee 27 for service and receive free child care. 28 (b) A covered child who is in a family with a family income that is 29 more than four hundred percent of the poverty line but not more than 30 five hundred percent of the poverty line, the fee under this section 31 shall not exceed one percent of the family income. 32 (c) A covered child who is in a family with a family income that is 33 more than five hundred percent of the poverty line but not more than six 34 hundred percent of the poverty line, the fee under this section shall 35 not exceed two percent of the family income. 36 (d) A covered child who is in a family with a family income that is 37 more than six hundred percent of the poverty line but not more than 38 seven hundred percent of the poverty line, the fee under this section 39 shall not exceed three and one-half percent of the family income. 40 (e) A covered child who is in a family with a family income that is 41 more than seven hundred percent of the poverty line but not more than 42 eight hundred percent of the poverty line, the fee under this section 43 shall not exceed four and one-half percent of the family income. 44 (f) A covered child who is in a family with a family income that is 45 more than eight hundred percent of the poverty line but not more than 46 nine hundred percent of the poverty line, the fee under this section 47 shall not exceed six percent of the family income. 48 (g) A covered child who is in a family with a family income that is 49 more than nine hundred percent of the poverty line but not more than one 50 thousand percent of the poverty line, the fee under this section shall 51 not exceed seven percent of the family income. 52 9. The total fee for a family that is subject to the fee under this 53 section and has more than one child served through the program: (a) may 54 increase as the family enters a second or further child in the program; 55 but (b) may not be greater than the fee allowed under paragraph (g) of 56 subdivision eight of this section.A. 8852--A 13 1 10. Within fourteen days of completing an application, the local 2 social services district shall provide families of a covered child with 3 a response on whether the child is eligible for financial assistance, 4 unless the local jurisdiction is facing extenuating circumstances. 5 11. Early learning child care programs shall provide families informa- 6 tion on whether there is capacity in the facility of the qualified agen- 7 cy or whether the family needs to coordinate with the child care 8 resource and referral program to find an open spot in another closely 9 located qualified agency. 10 12. Qualified agencies shall comply with existing state antidiscrimi- 11 nation laws with regard to admittance of eligible children. 12 § 410-ff. Child care stabilization grant. 1. The office of children 13 and family services shall establish a stabilization grant program to 14 help deal with a worker shortage within the child care industry within 15 sixty days of the effective date of this title. 16 2. Technical assistance and support shall be made available by child 17 care resource and referral agencies, in addition to other designated 18 partners, based on capacity, to all child care providers to assist with 19 the completion of the online application. Funding shall be made avail- 20 able to child care resource referral agencies to expand capacity for 21 technical assistance and support. 22 § 410-gg. Expansion grants; tax incentives. 1. In collaboration with 23 the child care resource and referral program, the early childhood advi- 24 sory council established pursuant to section four hundred eighty-three-g 25 of this chapter shall create an expansion grant program proposal within 26 one hundred eighty days of the effective date of this title. The 27 proposal shall be submitted for review and adoption, rejection or 28 modification by the New York state child care board. Such expansion 29 grant program shall dedicate funding to eligible agencies for: (a) 30 construction of suitable facilities; (b) plans to incorporate eligible 31 child care providers into the START-UP NY program; and (c) the creation 32 of a capital debt services plan based on the amount of funding. 33 2. (a) In fiscal year two thousand twenty-four, the office of children 34 and family services shall dedicate a portion of annual dedicated funds 35 for the early learning child care program to expansion grants and tax 36 incentives. Spending of funds shall be based on a plan created after 37 surveying social services districts and learning of their needs. 38 (b) In all subsequent fiscal years, the department shall dedicate no 39 more than thirty percent and no less than five percent of dedicated 40 funding for the program on expansion grants. 41 (c) The office of children and family services shall decide exact 42 funding amounts based on the needs of eligible child care agencies and 43 the overall health of the child care system in New York state. 44 § 410-hh. Training, technical assistance and professional development 45 funding. 1. In collaboration with the child care resource and referral 46 program, the early childhood advisory council shall create a training 47 and professional development grant program proposal within one hundred 48 days of the effective date of this title. The proposal shall be submit- 49 ted for review and adoption, rejection or modification by the New York 50 state child care board. 51 2. (a) In fiscal year two thousand twenty-four, the office of children 52 and family services shall dedicate a portion of all dedicated funds for 53 the early learning child care program to the professional development 54 and training of staff and eligible agencies. Spending of funds shall be 55 based on a plan created after surveying social services districts and 56 learning of their needs.A. 8852--A 14 1 (b) In all subsequent fiscal years, the department shall dedicate no 2 more than thirty percent and no less than five percent of dedicated 3 funding for the program on training and professional development. The 4 office of children and family services shall decide exact funding 5 amounts based on the needs of eligible child care agencies, needs of the 6 workforce, and the overall health of the child care system in New York 7 state. 8 3. The plan shall use a portion of the funds decided upon by the 9 office of children and family services to improve the quality of child 10 care services, which shall include: 11 (a) supporting the training and professional development of the early 12 childhood workforce, including supporting degree attainment through 13 student loan repayment assistance and credentialing for early childhood 14 educators pursuant to this section; 15 (b) supporting mandates to require the aspire registry for all early 16 childhood care and education employees to enhance professional growth 17 and program compliance. 18 4. There shall be established a need-based student loan repayment 19 assistance program for the purpose of providing student loan repayment 20 assistance to any individual employed by a regulated, privately operated 21 center-based child care program or family child care home. Such program 22 shall require that: 23 (a) An eligible individual shall: 24 (i) work in a privately operated center-based child care program or in 25 a family child care home that is regulated by the department for at 26 least an average of thirty hours per week for forty-eight weeks of the 27 year; 28 (ii) have earned an associate's, bachelor's, or advanced degree with a 29 major concentration in early childhood, child and human development, 30 elementary education, special education with a birth to age eight focus, 31 child and family services, or other relevant field within the preceding 32 five years; and 33 (iii) submit to the office of children and family services documenta- 34 tion expressing the individual's intent to work in a regulated, private- 35 ly operated center-based child care program or family child care home 36 for at least the twelve months following the annual loan repayment award 37 notification. A participant may receive up to four thousand dollars 38 annually in student loan repayment assistance, which shall be distrib- 39 uted by the department in four allotments. The department shall distrib- 40 ute at least one-quarter of the individual's total annual benefit after 41 the individual has completed three months of employment in accordance 42 with the program. The remainder of an individual's total annual benefit 43 shall be distributed by the department every three months after the 44 initial payment. 45 (b) The department shall adopt policies, procedures, and guidelines 46 necessary to implement the provisions of this section. 47 (c) Student loan repayments shall be available pursuant to this 48 section on a first-come, first-served basis until appropriated funds are 49 depleted. 50 (d) The department may contract for the administration of the program. 51 Administration costs shall not be more than ten percent of the total 52 appropriation received to implement this section. 53 5. The department shall provide supports to aid eligible providers in 54 providing trauma-informed care. Trauma-informed care supports may be 55 used by eligible agencies for the following purposes:A. 8852--A 15 1 (a) additional compensation for individual staff who have an infant 2 and early childhood mental health or other child development specialty 3 credential; 4 (b) trauma-informed professional development and training; 5 (c) the purchase of screening tools and assessment materials; 6 (d) supportive services for children with complex needs that are 7 offered as fee-for-service within local communities; or 8 (e) other related expenses. 9 § 410-ii. Coordination and integration of funds. 1. The commissioner 10 and the executive director of the early learning child care program 11 shall coordinate to integrate all federal and state dollars used for the 12 block grant child care program pursuant to title five-C of this article 13 to ensure an efficient child care system and adequate care for all chil- 14 dren. The commissioner and executive director shall create a prescreen- 15 ing application to determine eligibility for all state and federal child 16 care programs to ensure all programs are utilized to the fullest extent. 17 2. Any other child care programming by the state and localities shall 18 integrate and coordinate with the early learning child care program. 19 3. The state education department and the office of children and fami- 20 ly services shall coordinate and share data with each other to make sure 21 that children between the ages of three to four are properly cared for 22 and can participate in the programs of their choosing. 23 § 410-jj. Reporting requirements. Each social services district shall 24 collect and submit to the office of children and family services, in 25 such form and at such times as specified by the department, such data 26 and information regarding child care assistance provided under the early 27 learning child care program in accordance with criteria established by 28 the department and the New York state child care board. The office of 29 children and family services shall create, oversee, and update a data- 30 base of all child care facilities in the state. Such database shall be 31 updated on a minimum of a bi-monthly basis by each social services 32 district and shall include: (a) contact information for each child care 33 facility; (b) current full or part-time care availability; and (c) 34 whether drop-in care is available. 35 § 410-kk. Enforcement. 1. The New York state child care board shall 36 have the authority to adopt rules and regulations written by the office 37 of children and family services pertaining to oversight and enforcement 38 actions of the early learning child care program. 39 2. Enforcement actions undertaken by the office of children and family 40 services shall be proportional to the severity of violations observed in 41 a licensed child care facility. The New York state child care board 42 shall develop a framework to establish levels of violations and appro- 43 priate enforcement actions for violations pursuant to section four 44 hundred seventeen of this article. 45 (a) Violations that are non-critical code violations, and are not a 46 safety risk to children or providers, shall be documented by written 47 warning or reprimand to the provider. Such written warning or reprimand 48 shall contain options to remediate the violation, a clear timeline to 49 reach compliance, and the penalty for non-compliance. 50 (b) The office shall post violations in a publicly accessible manner 51 that provides clarity and context of the type of violation that occurred 52 and the severity of the violation, without stigmatizing providers. 53 (c) Inspection results shall clearly denote if violations have been 54 remedied. 55 (d) Enforcement history shall only be listed in cases of denial, revo- 56 cation, or suspension of a child care program's license or registration.A. 8852--A 16 1 Non-public enforcement actions, such as corrective plans of action or 2 fines, shall not be listed or referenced. 3 3. The office of children and family services has the right to perform 4 inspections of any provider that provides care for subsidized children. 5 A social services district shall notify the office immediately of any 6 suspected violations. 7 (a) The office shall work to mediate and assist providers in remediat- 8 ing violations found from an inspection performed therein. Regional 9 managers under the office of children and family services shall deploy 10 staff and/or resources to aid this effort. 11 (b) Office of children and family services staff who are involved with 12 enforcement of remediation efforts shall undergo cultural-competency 13 training to effectively work with providers of all backgrounds, includ- 14 ing but not limited to race, ethnicity, gender, sexual orientation, 15 religion, and other protected classes. 16 § 410-ll. Taskforce to study after school programming for five to 17 twelve year old children and crisis care. 1. Within the office of chil- 18 dren and family services, there shall be established a taskforce for the 19 purpose of studying the need for after school programming for children 20 up to twelve years of age who are not covered by the early learning 21 child care program and the need for crisis care. 22 2. The taskforce shall be chaired by a representative of the executive 23 chamber and the commissioner of the office of children and family 24 services or their designee. Members of the taskforce shall serve without 25 compensation for a one year term, but may be reimbursed for actual costs 26 incurred for participation on such taskforce. Ensuring adequate 27 geographic representation, members of the taskforce shall be appointed 28 by the governor and comprised as follows: 29 (a) three individuals shall be appointed upon the recommendation of 30 the speaker of the assembly from different regions of the state; 31 (b) three individuals shall be appointed upon the recommendation of 32 the temporary president of the senate from different regions of the 33 state; 34 (c) one individual shall be appointed upon the recommendation of the 35 minority leader of the assembly; 36 (d) one individual shall be appointed upon the recommendation of the 37 minority leader of the senate; and 38 (e) at least one representative from each of the following entities: 39 (i) the office of temporary and disability assistance; 40 (ii) the council on children and families; 41 (iii) the department of taxation and finance; 42 (iv) a regional economic development council; 43 (v) the state university of New York or the city university of New 44 York; 45 (vi) the state education department; 46 (vii) the early childhood advisory council; 47 (viii) a social services district or county government or an entity 48 that advocates on behalf of social services or county governments; 49 (ix) a non-profit child care advocacy organization; 50 (x) a department of education operated after school program; 51 (xi) a privately operated after school program; 52 (xii) a commercial real estate specialist; and 53 (xiii) a crisis care specialist or provider. 54 3. The taskforce shall examine the following: 55 (a) the current availability and usage of subsidized after school 56 programming and care options;A. 8852--A 17 1 (b) the needs for and costs associated with subsidizing after school 2 programming and care for all children under the age of twelve; 3 (c) the demographic breakdown of children and their families who use 4 and need after school programming and care; 5 (d) whether parents are voluntarily leaving the workforce due to lack 6 of affordable or accessible after school programming and care; 7 (e) varying levels of quality of after school programming and care 8 throughout the state with reporting; 9 (f) the need and cost to subsidize the need of crisis care options for 10 children who need overnight, emergency, and shelter based care; and 11 (g) workforce demographics, needs and working conditions in the crisis 12 care and after school programming industry. 13 4. The taskforce shall release a report within one year of the estab- 14 lishment of such taskforce. Such report shall contain the recommenda- 15 tions of the taskforce and shall be submitted to the New York state 16 child care board. 17 § 6. Article 6 of the social services law is amended by adding a new 18 title 5-E to read as follows: 19 TITLE 5-E 20 NEW YORK STATE CHILD CARE BOARD 21 Section 410-aaa. Establishment of the New York state child care board. 22 410-bbb. Executive director. 23 410-ccc. Powers and duties of the board. 24 410-ddd. Powers and duties of the executive director. 25 410-eee. Ethics, transparency and accountability. 26 § 410-aaa. Establishment of the New York state child care board. 1. 27 The New York state child care board is hereby established within the 28 office of children and family services and directed to work in collab- 29 oration with the executive director of the early learning child care 30 program to advise and issue recommendations on the health of child care 31 and the early learning child care program in the state of New York. 32 2. The New York state child care board shall consist of thirteen 33 voting, appointed members, along with a representative from the office 34 of children and family services, the department of education, the 35 department of labor, the department of health and the department of 36 mental hygiene. The governor shall appoint seven members to the board 37 and the temporary president of the senate and the speaker of the assem- 38 bly shall each appoint three members to the board. The members shall be 39 appointed to serve five-year terms and, in the event of a vacancy, the 40 vacancy shall be filled in the manner of the original appointment for 41 the remainder of the term. The appointed members and representatives 42 shall receive no compensation for their services but shall be allowed 43 their actual and necessary expenses incurred in the performance of their 44 duties as board members. 45 3. Board members shall have statewide geographic representation that 46 is balanced and diverse in its composition. Appointed members shall have 47 an expertise in early education and intervention, trauma-informed care, 48 infant and early childhood mental health, child and human development 49 special education with a birth to age eight focus, public and behavioral 50 health, or job training and professional development. The board shall 51 include residents from communities most impacted by child care deserts, 52 child care costs above the median, and low wages with little profes- 53 sional development opportunities. 54 4. The governor shall nominate an executive director pursuant to 55 section four hundred ten-bbb of this title that shall share responsibil- 56 ity with the board in administering the program.A. 8852--A 18 1 5. The members of the board shall elect a chairperson and a vice 2 chairperson from among the members of the board. The vice chairperson 3 shall represent the board in the absence of the chairperson at all offi- 4 cial board functions. The board shall be authorized to adopt regu- 5 lations to implement the provisions of this title. In developing such 6 regulations, the board and the executive director shall consider and 7 seek to coordinate any regulations which may currently be applicable to 8 any existing programs or eligible agencies. When developing regulations, 9 the board shall consider and recognize the diversity of settings and 10 models available for the delivery of child care programs. 11 § 410-bbb. Executive director. The office shall exercise its authori- 12 ty, other than powers and duties specifically granted to the board, by 13 and through an executive director nominated by the governor and with the 14 advice and consent of the senate. The executive director shall serve 15 for a term of three years and once confirmed, may only be removed for 16 good cause with appropriate notice. The executive director shall receive 17 an annual salary not to exceed an amount appropriated therefor by the 18 legislature and his or her expenses actually and necessarily incurred in 19 the performance of his or her official duties, unless otherwise provided 20 by the legislature. 21 § 410-ccc. Powers and duties of the board. 1. The New York state 22 child care board shall have the authority to approve or reject all 23 rules, regulations and orders made by the office of children and family 24 services that it may deem necessary or proper to fully effectuate the 25 provisions of the early learning child care program; provided, however, 26 that the board shall approve regulations relating to, but not be limited 27 to, the following: 28 (a) in relation to section four hundred ten-gg of this article, recom- 29 mendations from the early childhood advisory council on the proper 30 amount of funding needed for expansion grants, and startup funds and tax 31 incentives in fiscal years two thousand twenty-five, two thousand twen- 32 ty-six, and beyond to expand eligible agency facilities to hold the 33 increased capacity needed to house and properly supply eligible agencies 34 for the early learning child care program; 35 (b) in relation to section four hundred ten-hh of this article, recom- 36 mendations from the early childhood advisory council on the proper 37 amount of funding needed for technical assistance, training, and profes- 38 sional development to sufficiently staff eligible agencies across the 39 state in fiscal years two thousand twenty-five, two thousand twenty-six, 40 and beyond; 41 (c) approving rules and regulations to properly regulate all parts of 42 the early learning child care program, including rules regarding 43 enforcement, pursuant to section four hundred ten-kk of this article, 44 data collection, and reporting, pursuant to section four hundred ten-ii 45 of this article; 46 (d) a definition of the approved expenditures for which grant funds 47 may be used, which shall include, but not be limited to, transportation 48 services and lease expenses or other appropriate facilities expenses; 49 (e) approving all other transitional guidelines and rules which allow 50 a program to meet the required staff qualifications by the start of the 51 two thousand twenty-five school year; 52 (f) approving transitional guidelines and rules which allow an early 53 learning child care program to meet any other requirements set forth 54 pursuant to this section and regulations adopted by the board and the 55 executive director relating to health and safety standards;A. 8852--A 19 1 (g) time requirements which reflect the needs of the social services 2 districts for flexibility, but which also meet a minimum weekly time 3 requirement; 4 (h) the staff/child ratio; 5 (i) reasonable grounds and basis for the non-acceptance of a proposal 6 submitted to the early learning child care agency when the proposal 7 otherwise meets, to the extent applicable, all the regulations of the 8 requirements set forth in this subdivision, as well as subdivisions six, 9 seven, and eight of section four hundred ten-bb of this article; 10 (j) any other program components, such as health, nutrition or support 11 services, which the child care board deem appropriate and necessary for 12 the appropriate and effective implementation of an early learning child 13 care program; 14 (k) commencing July first, two thousand twenty-five, and continuing 15 until June thirtieth, two thousand twenty-six, approving a plan that 16 requires that the social services district give preference to serving 17 eligible children who are living in economically distressed areas, as 18 defined by section four hundred ten-aa of this article; 19 (l) approving a process by which an agency shall submit an application 20 to a social services district; and 21 (m) approving a formula for a grant for drop-in care pursuant to 22 section four hundred ten-dd of this article. 23 2. The board shall meet as frequently as its business may require. The 24 board shall enact, and from time to time may amend, bylaws in relation 25 to its meetings and the transactions of its business. A majority of the 26 total number of voting members which the board would have, were there no 27 vacancies, shall constitute a quorum and shall be required for the board 28 to conduct business. All meetings of the advisory board shall be 29 conducted in accordance with the provisions of article seven of the 30 public officers law. 31 § 410-ddd. Powers and duties of the executive director. The executive 32 director shall have the following powers and duties: 33 1. (a) To exercise the powers and perform the duties in relation to 34 the administration of the early learning child care program as are not 35 specifically vested or delegated by this chapter in the early learning 36 child care board; and (b) to oversee social services districts adminis- 37 tration of the law. 38 2. To keep records in such form as they may prescribe of all certif- 39 ications and licenses. 40 3. To inspect or provide for the inspection of any premises where an 41 early learning child care program is located. 42 4. To prescribe forms of applications for certifications, licenses and 43 contracts under this chapter and of all reports deemed necessary by the 44 board. 45 5. To inspect or provide for the inspection of any certified premises 46 where an early learning child care program is being administered. 47 6. To prescribe forms for applications for certifications and licenses 48 under this chapter and of all reports deemed necessary by the board. 49 7. To delegate the powers authorized in this section to such other 50 officers or employees as may be deemed appropriate by the executive 51 director. 52 8. To exercise the powers and perform the duties as delegated by the 53 board in relation to the administration of the board as are necessary, 54 including but not limited to budgetary and fiscal matters. 55 9. To enter into contracts, memoranda of understanding, and agreements 56 to effectuate the policy and purpose of this chapter.A. 8852--A 20 1 10. To advise and assist the board in carrying out any of its func- 2 tions, powers and duties. 3 11. To coordinate across state agencies and departments in order to 4 research and study any changes in child care use, costs, adminis- 5 tration, and all related fields. 6 12. To issue guidance and industry advisories. 7 § 410-eee. Ethics, transparency and accountability. No member of the 8 board or office of children and family services or any officer, deputy, 9 assistant, inspector or employee, or spouse or minor child of such 10 member, officer, deputy, assistant, inspector or employee thereof shall 11 have any interest, direct or indirect, either proprietary or by means of 12 any loan, mortgage or lien, or in any other manner, in or on any prem- 13 ises where child care is provided; nor shall he or she have any inter- 14 est, direct or indirect, in any business wholly or partially devoted to 15 child care, or own any stock in any corporation which has any interest, 16 proprietary or otherwise, direct or indirect, in any premises where 17 child care is provided, or receive any commission or profit whatsoever, 18 direct or indirect, from any person applying for or receiving any subsi- 19 dy or grant in this program, or hold any other elected public office in 20 the state or in any political subdivision. After notice and opportunity 21 to be heard, anyone found to have knowingly violated any of the 22 provisions of this section shall, after notice, be removed and shall 23 divest themselves of such direct or indirect interests, in addition to 24 any other penalty provided by law. 25 § 7. This act shall take effect one year after it shall have become a 26 law.
