S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8625
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by M. of A. CLARK -- read once and referred to the Committee
   on Children and Families
 
 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.
   §  3.  The  tax law is amended by adding a new article 24-B to read as
 follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13513-04-1
              

 A. 8625                             2
 
                                ARTICLE 24-B
                       EARLY LEARNING CHILD CARE ACT
 SECTION 870. DEFINITIONS.
         871. IMPOSITION OF TAX AND RATE.
         872. PASS THROUGH OF TAX PROHIBITED.
         873. EXEMPTION OVERRIDE.
         874. PAYMENT OF TAX.
         875. DEPOSIT AND DISPOSITION OF REVENUE.
         876. PROCEDURAL PROVISIONS.
         877. ENFORCEMENT WITH OTHER TAXES.
   § 870. 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 MILLION 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; OR
   (4)  (I)  ANY  NON-PROFIT  EARLY  CHILDHOOD  SERVICES  PROVIDER  WHICH
 RECEIVES FUNDING FROM THE FEDERAL OR STATE GOVERNMENT, OR ANY MUNICIPAL,
 STATE OR FEDERAL AGENCY, OR POLITICAL SUBDIVISION.
   (II) AS USED IN THIS SECTION,  THE  TERM  "EARLY  CHILDHOOD  SERVICES"
 SHALL  MEAN  SERVICES WHICH INCLUDE, BUT ARE NOT LIMITED TO, REGISTERED,
 CERTIFIED OR LICENSED CARE IN FAMILY DAY CARE HOMES;  GROUP  FAMILY  DAY
 CARE  HOMES;  SCHOOL-AGE  CHILD  CARE PROGRAMS; HEAD START PROGRAMS; DAY
 CARE CENTERS; CHILD CARE WHICH MAY BE PROVIDED WITHOUT A PERMIT, CERTIF-
 ICATE OR REGISTRATION IN ACCORDANCE WITH THIS STATUTE;  EARLY  CHILDHOOD
 EDUCATION PROGRAMS APPROVED BY THE STATE EDUCATION DEPARTMENT.
   (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.
   §  871.  IMPOSITION  OF TAX AND RATE.  FOR THE PURPOSE OF PROVIDING AN
 ADDITIONAL STABLE AND RELIABLE DEDICATED FUNDING SOURCE TO ADDRESS CHILD
 CARE AFFORDABILITY, ACCESSIBILITY, AND QUALITY FOR FAMILIES  WITH  CHIL-
 DREN  UNDER  FIVE YEARS OF AGE, A TAX IS HEREBY IMPOSED ON EMPLOYERS AND
 INDIVIDUALS AS FOLLOWS: FOR EMPLOYERS, THE TAX IS IMPOSED AT A  RATE  OF
 (A)  FIFTY HUNDREDTHS (.50) PERCENT OF THE PAYROLL EXPENSE FOR EMPLOYERS
 WITH PAYROLL EXPENSE IN EXCESS OF  TWO  MILLION  FIVE  HUNDRED  THOUSAND
 DOLLARS  AND  NOT  MORE THAN FIVE MILLION DOLLARS PER CALENDAR YEAR, (B)
 SEVENTY-FIVE HUNDREDTHS (.75) PERCENT OF THE PAYROLL EXPENSE FOR EMPLOY-
 ERS WITH PAYROLL EXPENSE IN EXCESS OF FIVE MILLION DOLLARS AND NOT  MORE
 THAN  TEN  MILLION DOLLARS PER CALENDAR YEAR, AND (C) ONE (1) PERCENT OF
 THE PAYROLL EXPENSE FOR EMPLOYERS WITH PAYROLL EXPENSE IN EXCESS OF  TEN
 MILLION  DOLLARS  PER CALENDAR YEAR.   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, MULTIPLYING EACH OF
 THOSE PAYROLL EXPENSE AMOUNTS BY THE APPLICABLE RATE SET FORTH  IN  THIS
 PARAGRAPH AND ADDING THOSE PRODUCTS TOGETHER.
 A. 8625                             3
 
   §  872. 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.
   § 873. 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) ANY EMPLOYER LOCATED IN A TAX-FREE NY AREA  APPROVED  PURSUANT  TO
 THE  PROVISIONS  OF  ARTICLE  TWENTY-ONE OF THE ECONOMIC DEVELOPMENT LAW
 SHALL BE EXEMPT FROM THE TAX IMPOSED UNDER THIS ARTICLE.
   § 874. PAYMENT OF TAX. EMPLOYERS WITH PAYROLL EXPENSE. THE TAX IMPOSED
 ON THE PAYROLL EXPENSE OF EMPLOYERS UNDER SECTION EIGHT  HUNDRED  SEVEN-
 TY-ONE  OF  THIS  ARTICLE  MUST BE PAID AT THE SAME TIME THE EMPLOYER IS
 REQUIRED TO REMIT PAYMENTS UNDER SECTION  SIX  HUNDRED  SEVENTY-FOUR  OF
 THIS CHAPTER; PROVIDED HOWEVER, THAT EMPLOYERS SUBJECT TO THE PROVISIONS
 IN  SECTION NINE OF THIS CHAPTER 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.
   § 875. 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.
 THE  COMPTROLLER SHALL REQUIRE ADEQUATE SECURITY FROM ALL SUCH DEPOSITO-
 RIES.  OF THE TOTAL REVENUE COLLECTED OR RECEIVED  UNDER  THIS  ARTICLE,
 THE  COMPTROLLER OF THE CITY OF NEW YORK SHALL RETAIN SUCH AMOUNT AS THE
 COMMISSIONER MAY DETERMINE TO BE NECESSARY FOR REFUNDS UNDER THIS  ARTI-
 CLE.  THE  COMPTROLLER  IS  AUTHORIZED  AND  DIRECTED TO DEDUCT FROM THE
 AMOUNTS IT RECEIVES UNDER THIS ARTICLE, BEFORE DEPOSIT  INTO  THE  TRUST
 ACCOUNTS  DESIGNATED  BY SUCH COMPTROLLER, A REASONABLE AMOUNT NECESSARY
 TO EFFECTUATE REFUNDS OF THE DEPARTMENT TO REIMBURSE THE DEPARTMENT  FOR
 THE  COSTS  INCURRED  TO  ADMINISTER,  COLLECT  AND DISTRIBUTE THE TAXES
 IMPOSED BY THIS ARTICLE.
   (B) 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.
   §  876.  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
 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
 A. 8625                             4
 
 TO  ANY  LOCAL  LAW ENACTED PURSUANT TO THE AUTHORITY OF ARTICLE THIRTY,
 THIRTY-A OR THIRTY-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.
   § 877. 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
 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-oo to
 read as follows:
   §  99-OO.  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-B 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
 A. 8625                             5
 
 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.
         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  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.
 A. 8625                             6
 
   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-TWO 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
 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 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-B  OF  THE TAX LAW. THE DEPARTMENT SHALL HAVE TWO DEDICATED REVENUE
 STREAMS SUPPORTING THE PROGRAM FOR CHILDREN UNDER FIVE  YEARS  OLD.  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  MONITORING  OF THE PROGRAM, THE DEVELOP-
 MENT 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 DEPART-
 MENT TO PROVIDE FUNDS TO  SOCIAL  SERVICES  DISTRICTS,  THE  CHILD  CARE
 RESOURCE  AND REFERRAL PROGRAM, AND TO DESIGNATED PARTNERS OF THE SOCIAL
 SERVICE 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-B OF THE
 A. 8625                             7
 
 TAX LAW TO SOCIAL SERVICES DISTRICTS ACCORDING  TO  AN  ALLOCATION  PLAN
 DEVELOPED  BY THE DEPARTMENT 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 ASSIST-
 ANCE 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  ALLOCATIONS SHALL BE MADE ON A STATE FISCAL YEAR
 BASIS.  SOCIAL SERVICES DISTRICTS SHALL DEMONSTRATE AN ABILITY TO ADMIN-
 ISTER THE PROGRAM. IF A SOCIAL SERVICES DISTRICT  IS  UNABLE  TO  DEMON-
 STRATE  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
 EARLY LEARNING CHILD CARE PROGRAMS 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
 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
 A. 8625                             8
 
 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 LOCAL COMMISSIONER OF SOCIAL
 SERVICES FOR FUNDS FOR PROSPECTIVE COVERED  CHILDREN.  ALL  APPLICATIONS
 APPROVED BY THE COMMISSIONER SHALL INCLUDE A COMMITMENT TO USE APPROPRI-
 ATE  ACCOUNTING  AND  FISCAL  CONTROL PROCEDURES WHICH SHALL INCLUDE THE
 FILING OF AN ANNUAL  FINANCIAL  STATEMENT  WHICH  HAS  BEEN  AUDITED  AS
 REQUIRED BY THE DEPARTMENT SO AS TO ENSURE:
   (A) THE PROPER DISBURSEMENT ACCOUNTING FOR FUNDS RECEIVED; AND
   (B)  APPROPRIATE  WRITTEN  RECORDS  REGARDING  THE  POPULATION SERVED,
 INCLUDING THE LEVEL OF FINANCIAL ASSISTANCE  NEEDED  AND  THE  TYPE  AND
 EXTENT OF SERVICES RENDERED.
   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)  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.
 A. 8625                             9
 
   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; AND (C) AN OPPORTU-
 NITY FOR A PUBLIC HEARING UPON WHICH BASIS AN APPEAL TO THE COMMISSIONER
 MAY BE TAKEN AS OF RIGHT.
   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
 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 TAX CREDIT PURSUANT TO SUBDIVISION TWO OF  THIS
 SECTION, BASED ON THE FOLLOWING CRITERIA:
 A. 8625                            10
 
   (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 TAX CREDIT;
   (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 TAX CREDIT;
   (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 TAX CREDIT; 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 TAX CREDIT.
   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  TAX  CREDIT  IN  ACCORDANCE  WITH  THE  FORMULA
 APPROVED BY THE NEW YORK STATE CHILD CARE BOARD. THE TAX CREDIT SHALL BE
 REASSESSED  WITHIN  THE  FIRST  YEAR BY THE CHILD CARE RESEARCH AND DATA
 COLLECTION TASKFORCE 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
 A. 8625                            11
 
 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
   (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.
 A. 8625                            12
 
   (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.
   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,  TO ALL CHILD CARE PROVIDERS TO ASSIST WITH THE  COMPLETION OF
 THE ONLINE APPLICATION.
   § 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-TWO, 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.
 A. 8625                            13
 
   (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-TWO, 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.
   (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
 A. 8625                            14

 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) 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.
   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-WEEKLY  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-
 A. 8625                            15

 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.
 NON-PUBLIC ENFORCEMENT ACTIONS, SUCH AS CORRECTIVE PLANS  OF  ACTION  OR
 FINES, SHALL NOT BE LISTED OR REFERENCED.
   3.   LOCAL  SOCIAL  SERVICES  DISTRICTS  HAVE  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
 VIOLATIONS  OF  REGULATIONS  AND  SHALL  PROVIDE  THE  OFFICE  WITH   AN
 INSPECTION REPORT DOCUMENTING THE RESULTS OF SUCH INSPECTION.
   (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;
 A. 8625                            16
 
   (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;
   (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-FFF. FORMAL HEARINGS; NOTICE AND PROCEDURE.
   § 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
 A. 8625                            17
 
 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.
   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-THREE, TWO THOUSAND TWEN-
 TY-FOUR,  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-THREE,  TWO  THOUSAND  TWENTY-
 FOUR, AND BEYOND;
 A. 8625                            18
 
   (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-THREE 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;
   (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-THREE, AND CONTINUING
 UNTIL JUNE THIRTIETH, TWO THOUSAND TWENTY-FOUR, 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 TAX CREDIT 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.
 A. 8625                            19
 
   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.
   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.
   § 410-FFF. FORMAL HEARINGS; NOTICE AND PROCEDURE. 1. THE BOARD, OR ANY
 PERSON DESIGNATED BY THE BOARD FOR THIS PURPOSE, MAY ISSUE SUBPOENAS AND
 ADMINISTER OATHS IN CONNECTION WITH ANY HEARING OR  INVESTIGATION  UNDER
 OR  PURSUANT  TO THIS CHAPTER, AND IT SHALL BE THE DUTY OF THE BOARD AND
 ANY PERSONS DESIGNATED BY THE BOARD FOR SUCH PURPOSE TO ISSUE  SUBPOENAS
 AT THE REQUEST OF AND UPON BEHALF OF THE RESPONDENT.
   2.  THE  BOARD AND THOSE DESIGNATED BY THE BOARD SHALL NOT BE BOUND BY
 THE LAWS OF EVIDENCE IN THE CONDUCT  OF  HEARING  PROCEEDINGS,  BUT  THE
 DETERMINATION  SHALL  BE  FOUNDED  UPON  A  PREPONDERANCE OF EVIDENCE TO
 SUSTAIN IT.
   3. NOTICE AND RIGHT OF HEARING AS PROVIDED IN THE STATE ADMINISTRATIVE
 PROCEDURE ACT SHALL BE SERVED AT LEAST FIFTEEN DAYS PRIOR TO THE DATE OF
 THE HEARING, PROVIDED THAT, WHENEVER BECAUSE OF  DANGER  TO  THE  PUBLIC
 HEALTH, SAFETY OR WELFARE IT APPEARS PREJUDICIAL TO THE INTERESTS OF THE
 PEOPLE  OF  THE  STATE  TO  DELAY ACTION FOR FIFTEEN DAYS, THE BOARD MAY
 SERVE THE RESPONDENT WITH AN  ORDER  REQUIRING  CERTAIN  ACTION  OR  THE
 A. 8625                            20
 
 CESSATION OF CERTAIN ACTIVITIES IMMEDIATELY OR WITHIN A SPECIFIED PERIOD
 OF LESS THAN FIFTEEN DAYS.
   4.  SERVICE  OF  NOTICE  OF HEARING OR ORDER SHALL BE MADE BY PERSONAL
 SERVICE OR BY REGISTERED OR CERTIFIED MAIL. WHERE  SERVICE,  WHETHER  BY
 PERSONAL  SERVICE  OR  BY  REGISTERED OR CERTIFIED MAIL, IS MADE UPON AN
 INCOMPETENT, PARTNERSHIP, OR CORPORATION, IT  SHALL  BE  MADE  UPON  THE
 PERSON  OR  PERSONS  DESIGNATED  TO  RECEIVE PERSONAL SERVICE BY ARTICLE
 THREE OF THE CIVIL PRACTICE LAW AND RULES.
   5. AT A HEARING, THAT TO THE  GREATEST  EXTENT  PRACTICABLE  SHALL  BE
 REASONABLY  NEAR  THE  RESPONDENT, THE RESPONDENT MAY APPEAR PERSONALLY,
 SHALL HAVE THE RIGHT OF COUNSEL, AND MAY CROSS-EXAMINE WITNESSES AGAINST
 HIM OR HER AND PRODUCE EVIDENCE AND WITNESSES ON HIS OR HER BEHALF.
   6. FOLLOWING A HEARING, THE BOARD MAY MAKE APPROPRIATE  DETERMINATIONS
 AND ISSUE A FINAL ORDER IN ACCORDANCE THEREWITH.
   7.  THE  BOARD  MAY  ADOPT,  AMEND AND REPEAL ADMINISTRATIVE RULES AND
 REGULATIONS GOVERNING THE PROCEDURES TO  BE  FOLLOWED  WITH  RESPECT  TO
 HEARINGS,  SUCH  RULES  TO  BE CONSISTENT WITH THE POLICY AND PURPOSE OF
 THIS ARTICLE AND THE EFFECTIVE AND FAIR ENFORCEMENT OF ITS PROVISIONS.
   8. THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE TO ALL  HEARINGS
 HELD  PURSUANT  TO  THIS  ARTICLE, EXCEPT WHERE OTHER PROVISIONS OF THIS
 ARTICLE APPLICABLE THERETO ARE INCONSISTENT THEREWITH,  IN  WHICH  EVENT
 SUCH OTHER PROVISIONS SHALL APPLY.
   §  7.  This  act shall take effect immediately; provided, however that
 subdivision 3 of section 410-aa of the social services law as  added  by
 section five of this act shall take effect September 1, 2023.