S T A T E O F N E W Y O R K
________________________________________________________________________
8032
2021-2022 Regular Sessions
I N A S S E M B L Y
June 7, 2021
___________
Introduced by M. of A. WEINSTEIN -- (at request of the Division of the
Budget) -- read once and referred to the Committee on Ways and Means
AN ACT to amend chapter 53 of the laws of 2021, enacting the aid to
localities budget, and to amend chapter 54 of the laws of 2021, enact-
ing the capital projects budget, in relation to making technical
corrections thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of chapter 53 of the laws of 2021, enacting the
aid to localities budget, is amended by repealing the items hereinbelow
set forth in brackets and by adding to such section the other items
underscored in this section.
DEPARTMENT OF FAMILY ASSISTANCE
OFFICE OF CHILDREN AND FAMILY SERVICES
AID TO LOCALITIES 2021-22
CHILD CARE PROGRAM ....................................... 3,289,971,200
--------------
General Fund
Local Assistance Account - 10000
Notwithstanding any inconsistent provision
of law, the funds appropriated herein
shall be available for transfer to the
federal health and human services fund,
local assistance account, federal day care
account to operate and support enrollment
in the child care facilitated enrollment
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11809-01-1
A. 8032 2
pilot program which expand access to child
care subsidies for working families who
live or are employed in Onondaga County
with income up to 275 percent of the
federal poverty level as provided to the
[Consortium for Worker Education] NYS
AFL-CIO WORKFORCE DEVELOPMENT INSTITUTE to
administer and to implement a plan
approved by the office of children and
family services. The administrative cost,
including the cost of the development of
the evaluation of the pilot program shall
not exceed ten percent of the funds avail-
able for the purpose. The remaining
portion of the funds shall be allocated to
the office of children and family services
to the local social services district
where the recipient families reside as
determined by the project administrator
based on projected need and cost of
providing child care subsidies payment to
working families enrolled through the
pilot initiative, provided however the
local social services district shall not
reimburse subsidy payment in excess of the
amount the subsidy funding appropriated
herein can support and the applicable
local social services district shall not
be required to approve or pay for subsi-
dies not funded herein. Child care subsi-
dies paid on behalf of eligible families
shall be reimbursed at the actual cost of
care up to the applicable market rate for
the district in which the child care is
provided and in accordance with the fee
schedule of the local social services
district making the subsidy payment. Up to
ten percent of funds available for this
purpose shall be made available to the
[Consortium for Worker Education] NYS
AFL-CIO WORKFORCE DEVELOPMENT INSTITUTE,
or other designated administrator, to
administer and to implement a plan
approved by the office of children and
family services for this pilot program.
This administrator shall prepare and
submit to the office of children and fami-
ly services, the chairs of the senate
committee on social services, the senate
committee on children and families, the
senate committee on labor, the chairs of
the assembly committee on children and
families, the assembly committee on social
services, and the assembly committee on
labor a report on the pilot program with
recommendations. Such report shall include
A. 8032 3
available information regarding the pilot
program or participants in the pilot
program, including but not limited to: the
number of income eligible children of
working parents with income greater than
200 percent but at or less than 275
percent of the federal poverty level, the
ages of the children served by the
program, the number of families served by
the program who are in receipt of family
assistance, the factors that parents
considered when searching for child care,
the factors that barred the families'
access to child care assistance prior to
their enrollment in the facilitated
enrollment program, the number of families
who receive a child care subsidy pursuant
to this program who choose to use such
subsidy for regulated child care, and the
number of families who receive a child
care subsidy pursuant to this program who
choose to use such subsidy to receive
child care services provided by a legally
exempt provider. Such report shall be
submitted by the program administrator, on
or before November 1, 2021, provided that
if such report is not received by November
30, 2021, reimbursement for administrative
costs shall be either reduced or withheld,
and failure of an administrator to submit
a timely report may jeopardize such admin-
istrator's program from receiving funding
in future years. The administrator for
this pilot program shall submit bimonthly
reports to the office of children and
family services, the local social services
district, the administration for chil-
dren's services, and the legislature. Each
bi-monthly report shall provide without
benefit of personal identifying informa-
tion, the pilot program's current enroll-
ment level, amount of the child's subsidy,
co-payment levels, and any other informa-
tion as needed or required by the office
of children and family services. Further,
the office of children and family services
shall provide technical assistance to the
pilot program to assist with program
administration and timely coordination of
the bi-monthly claiming process. Notwith-
standing any other provision of law, this
pilot program maintained herein may be
terminated if the administrator for such
program mismanages such program, by engag-
ing in actions including but not limited
to, improper use of funds, providing for
A. 8032 4
child care subsidies in excess of the
amount the subsidy funding appropriated
herein can support, and failing to submit
claims for reimbursement in a timely fash-
ion ............................................ 500,000
Notwithstanding any inconsistent provision
of law, the funds appropriated herein
shall be available for transfer to the
federal health and human services fund,
local assistance account, federal day care
account to operate and support enrollment
in the child care facilitated enrollment
pilot program which expand access to child
care subsidies for working families who
live or are employed in Erie County with
income up to 275 percent of the federal
poverty level as provided to the [Consor-
tium for Worker Education] NYS AFL-CIO
WORKFORCE DEVELOPMENT INSTITUTE to admin-
ister and to implement a plan approved by
the office of children and family
services. The administrative cost, includ-
ing the cost of the development of the
evaluation of the pilot program shall not
exceed ten percent of the funds available
for the purpose. The remaining portion of
the funds shall be allocated to the office
of children and family services to the
local social services district where the
recipient families reside as determined by
the project administrator based on
projected need and cost of providing child
care subsidies payment to working families
enrolled through the pilot initiative,
provided however the local social services
district shall not reimburse subsidy
payment in excess of the amount the subsi-
dy funding appropriated herein can support
and the applicable local social services
district shall not be required to approve
or pay for subsidies not funded herein.
Child care subsidies paid on behalf of
eligible families shall be reimbursed at
the actual cost of care up to the applica-
ble market rate for the district in which
the child care is provided and in accord-
ance with the fee schedule of the local
social services district making the subsi-
dy payment. Up to ten percent of funds
available for this purpose shall be made
available to the [Consortium for Worker
Education] NYS AFL-CIO WORKFORCE DEVELOP-
MENT INSTITUTE, or other designated admin-
istrator, to administer and to implement a
plan approved by the office of children
and family services for this pilot
A. 8032 5
program. This administrator shall prepare
and submit to the office of children and
family services, the chairs of the senate
committee on social services, the senate
committee on children and families, the
senate committee on labor, the chairs of
the assembly committee on children and
families, the assembly committee on social
services, and the assembly committee on
labor a report on the pilot program with
recommendations. Such report shall include
available information regarding the pilot
program or participants in the pilot
program, including but not limited to: the
number of income eligible children of
working parents with income greater than
200 percent but at or less than 275
percent of the federal poverty level, the
ages of the children served by the
program, the number of families served by
the program who are in receipt of family
assistance, the factors that parents
considered when searching for child care,
the factors that barred the families'
access to child care assistance prior to
their enrollment in the facilitated
enrollment program, the number of families
who receive a child care subsidy pursuant
to this program who choose to use such
subsidy for regulated child care, and the
number of families who receive a child
care subsidy pursuant to this program who
choose to use such subsidy to receive
child care services provided by a legally
exempt provider. Such report shall be
submitted by the program administrator, on
or before November 1, 2021, provided that
if such report is not received by November
30, 2021, reimbursement for administrative
costs shall be either reduced or withheld,
and failure of an administrator to submit
a timely report may jeopardize such admin-
istrator's program from receiving funding
in future years. The administrator for
this pilot program shall submit bimonthly
reports to the office of children and
family services, the local social services
district, the administration for chil-
dren's services, and the legislature. Each
bi-monthly report shall provide without
benefit of personal identifying informa-
tion, the pilot program's current enroll-
ment level, amount of the child's subsidy,
co-payment levels, and any other informa-
tion as needed or required by the office
of children and family services. Further,
A. 8032 6
the office of children and family services
shall provide technical assistance to the
pilot program to assist with program
administration and timely coordination of
the bi-monthly claiming process. Notwith-
standing any other provision of law, this
pilot program maintained herein may be
terminated if the administrator for such
program mismanages such program, by engag-
ing in actions including but not limited
to, improper use of funds, providing for
child care subsidies in excess of the
amount the subsidy funding appropriated
herein can support, and failing to submit
claims for reimbursement in a timely fash-
ion ............................................ 500,000
--------------
Program account subtotal ................. 256,991,200
--------------
§ 2. Section 1 of chapter 54 of the laws of 2021, enacting the capital
projects budget, is amended by repealing the items hereinbelow set forth
in brackets and by adding to such section the other items underscored in
this section.
DIVISION OF HOUSING AND COMMUNITY RENEWAL
CAPITAL PROJECTS 2021-22
ADAPTIVE REUSE AFFORDABLE HOUSING PROGRAM .................. 100,000,000
--------------
Capital Projects Funds - Other
Housing Program Fund
Housing Trust Fund Corporation Account - 31851
New Facilities Purpose
To support the creation of the adaptive
reuse affordable housing program to
finance conversion of commercial proper-
ties and hotel properties in the city of
New York for the purposes of creating
permanent affordable residential housing.
THE AMOUNTS APPROPRIATED HEREIN MAY BE
SUBALLOCATED OR TRANSFERRED TO ANY STATE
DEPARTMENT, AGENCY, OR PUBLIC AUTHORITY
FOR PURPOSES STATED HEREIN ................. 100,000,000
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021.