Makes appropriations for the support of state government, including programs for summer youth employment, ATTAIN lab, child care demonstration, career pathways, displaced homemaker services, foreclosure prevention, crime prevention and flood recovery grants.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A40001
SPONSOR: Budget TITLE OF BILL:
An act to amend chapter 50 of the laws of 2011, enacting the state oper-
ations budget; and to amend chapter 53 of the laws of 2011, enacting the
aid to localities budget, in relation to making appropriations for the
support of government
PURPOSE:
This bill would provide appropriations to promote economic recovery and
opportunity in various regions throughout the State.
SUMMARY OF PROVISIONS:
The bill provides:
o $50 million for the implementation of the Hurricane Irene - Tropical
Storm Lee Flood Recovery Grant Program.
o $33 million for Youth Employment Programs that will provide short term
employment opportunities and support services to enable long term
employment placements for disadvantaged youth.
o $9 million for Higher Education Opportunity Programs.
o $7 million for Facilitated Enrollment Child Care Demonstration
Projects that assist working families who earn up to 275 percent of the
poverty level enroll for child care subsidies.
o $2.5 million for the Career Pathways Program that provides educational
services such as GED preparation, adult basic education, and English
language instruction in conjunction with hands on job training in order
to enhance employability.
o $2 million for the Advanced Technology Training and Information
Networking (ATTAIN) Program that develops educational, occupational, and
life skills through interactive computer training offered through Educa-
tion Opportunity Centers.
o $2.5 million for the Displaced Homemakers Program that provides
displaced homemakers with job readiness and vocational training, job
placement, crisis intervention, counseling, and referral to
legal/health/financial services.
o $1 million for the Center for Employment Opportunities which offers
comprehensive employment services for people with criminal records,
including: life skills education, short term paid transitional employ-
ment, full time job placement, and post-placement services.
o $1 million for the Foreclosure Prevention Services Program which will
provide legal assistance to homeowners facing foreclosure.
JUSTIFICATION:
This bill is necessary to promote economic recovery throughout the State
by facilitating recovery from Hurricane Irene and Tropical Storm Lee,
and through various employment and training support and services
programs.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
This bill provides $108 million in appropriation authority to promote
economic recovery and opportunity in various regions throughout the
State.
EFFECTIVE DATE:
This bill would take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
S. 1 A. 1
Extraordinary Session
SENATE - ASSEMBLY
December 7, 2011
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend chapter 50 of the laws of 2011, enacting the state oper-
ations budget; and to amend chapter 53 of the laws of 2011, enacting
the aid to localities budget, in relation to making appropriations for
the support of government
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1 of chapter 50 of the laws of 2011, enacting the
2 state operations budget, is amended by repealing the items herein below
3 set forth in brackets and by adding to such section the items under-
4 scored in this section.
5 DEPARTMENT OF LABOR
6 STATE OPERATIONS 2011-12
7 EMPLOYMENT AND TRAINING PROGRAM
8 Special Revenue Funds - Other
9 Unemployment Insurance Interest and Penalty Fund
10 Unemployment Insurance Interest and Penalty Account
11 For services and expenses of the department
12 of labor employment and training programs,
13 including youth employment readiness
14 training expenses and related stipends.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12100-07-1
S. 1 2 A. 1
1 NONPERSONAL SERVICE
2 Supplies and materials .............. 22,000
3 Travel .............................. 44,000
4 Contractual services .............. [260,000] 8,260,000
5 Equipment ........................... 26,000
6 Fringe benefits .................. 1,381,000
7 Indirect costs ...................... 88,000
8 --------------
9 STATE UNIVERSITY OF NEW YORK
10 STATE OPERATIONS 2011-12
11 PROGRAMS FOR THE EDUCATIONALLY AND ECONOMICALLY DISADVANTAGED
12 General Fund
13 State Purposes Account
14 For services and expenses related to the
15 operation of the ATTAIN lab program .......... 2,000,000
16 § 2. Section 1 of chapter 53 of the laws of 2011, enacting the aid to
17 localities budget, is amended by repealing the items herein below set
18 forth in brackets and by adding to such section the items underscored in
19 this section.
20 DIVISION OF CRIMINAL JUSTICE SERVICES
21 AID TO LOCALITIES 2011-12
22 CRIME PREVENTION AND REDUCTION STRATEGIES PROGRAM
23 General Fund
24 Local Assistance Account
25 For services and expenses related to the
26 operations of the center for employment
27 opportunities ................................ 1,000,000
28 DEPARTMENT OF FAMILY ASSISTANCE
29 OFFICE OF CHILDREN AND FAMILY SERVICES
30 AID TO LOCALITIES 2011-12
31 CHILD CARE PROGRAM
32 General Fund
33 Local Assistance Account
34 Notwithstanding any inconsistent provision
35 of law, the funds appropriated herein
36 shall be available to operate and support
37 enrollment in the child care facilitated
38 enrollment pilot programs which expand
39 access to child care subsidies for working
S. 1 3 A. 1
1 families living or employed in the Liberty
2 Zone, the boroughs of Brooklyn, Queens,
3 and Bronx, and in the county of Monroe,
4 with income up to 275 percent of the
5 federal poverty level. Of the amount
6 appropriated herein, $1,605,000 shall be
7 made available for Monroe county, and
8 $3,855,000 shall be made available for all
9 other projects. Up to $160,500 shall be
10 made available to the current designated
11 administrator in the county of Monroe, or
12 to a successor administrator designated by
13 the current administration to administer
14 such county's program and to implement a
15 plan approved by the office of children
16 and family services; and up to $385,500
17 shall be made available to the Consortium
18 for Worker Education, Inc., or other
19 designated successor, to administer and to
20 implement a plan approved by the office of
21 children and family services for the
22 programs in the Liberty Zone, and the
23 boroughs of Brooklyn, Queens and Bronx.
24 Each pilot program administrator shall
25 prepare and submit to the office of chil-
26 dren and family services, the chairs of
27 the senate committee on children and fami-
28 lies and the senate committee on social
29 services, the chair of the assembly
30 committee on children and families, the
31 chair of the assembly committee on social
32 services, the chair of the senate commit-
33 tee on labor, and the chair of the assem-
34 bly committee on labor, an evaluation of
35 the pilot with recommendations for contin-
36 uation or dissolution of the program
37 supported by appropriate documentation.
38 Such evaluation shall include available,
39 information regarding the pilot programs
40 or participants in the pilot programs,
41 absent identifying information, including
42 but not limited to: the number of income-
43 eligible children of working parents with
44 income greater than 200 percent but at or
45 less than 275 percent of the federal
46 poverty level; the ages of the children
47 served by the project, the number of fami-
48 lies served by the project who are in
49 receipt of family assistance, the factors
50 that parents considered when searching for
51 child care, the factors that barred the
52 families' access to child care assistance
53 prior to their enrollment in the pilot
54 program, the number of families who
55 receive a child care subsidy pursuant to
56 this program who choose to use such subsi-
S. 1 4 A. 1
1 dy for regulated child care, and the
2 number of families who receive a child
3 care subsidy pursuant to this program who
4 choose to use such subsidy to receive
5 child care services provided by a legally
6 exempt provider. Such report shall be
7 submitted by the applicable project admin-
8 istrator, on or before October 1, 2012,
9 provided that if such report is not
10 received by October 1, 2012, reimbursement
11 for administrative costs shall be either
12 reduced or withheld, and failure of an
13 administrator to submit a timely report
14 may jeopardize such program's funding in
15 future years. Expenses related to the
16 development of the evaluation of the pilot
17 programs shall be paid from the pilot
18 program's administrative set-aside or
19 non-state funds. The remaining portion of
20 the project's funds shall be allocated by
21 the office of children and family services
22 to the local social services districts
23 where the recipient families reside as
24 determined by the project administrator
25 based on projected needs and cost of
26 providing child care subsidy payments to
27 working families enrolled in the child
28 care subsidy program through the pilot
29 initiative, provided however that the
30 office of children and family services
31 shall not reimburse subsidy payments in
32 excess of the amount the subsidy funding
33 appropriated herein can support and the
34 applicable local social services district
35 shall not be required to approve or pay
36 for subsidies not funded herein. The total
37 number of slots for pilot programs located
38 within the city of New York shall not
39 exceed one thousand during fiscal year
40 2011-2012. Vacancies in child care slots
41 may be filled at such time as the total
42 enrollment of the New York city pilot
43 program is less than one thousand slots.
44 The pilot program located in the borough
45 of Queens shall receive one new additional
46 slot for each slot which becomes available
47 through attrition once the total number of
48 filled child care slots reaches less than
49 one thousand. Child care subsidies paid
50 on behalf of eligible families shall be
51 reimbursed at the actual cost of care up
52 to the applicable market rate for the
53 district in which the child care is
54 provided, for subsidy payments made from
55 April 1, 2011 through March 31, 2012 for
56 the New York city pilot program and for
S. 1 5 A. 1
1 subsidy payments made from January 1, 2012
2 through December 31, 2012 for the Monroe
3 county pilot program in accordance with
4 the fee schedule of the local social
5 services district making the subsidy
6 payments. Pilot programs are required to
7 submit monthly reports to the office of
8 children and family services, the local
9 social services district, and for programs
10 located in the city of New York, the
11 administration for children's services,
12 and the legislature. Each monthly report
13 must provide without benefit of personal
14 identifying information, the pilot
15 program's current enrollment level, amount
16 of the child's subsidy, co-payment levels
17 and other information as needed or
18 required by the office of children and
19 family services. Further, the office of
20 children and family services shall provide
21 technical assistance to the pilot program
22 to assist with project administration and
23 timely coordination of the monthly claim-
24 ing process. Notwithstanding any other
25 provision of law, any pilot programs main-
26 tained herein may be terminated if the
27 administrator for such programs mismanages
28 such programs, by engaging in actions
29 including but not limited to, improper use
30 of funds, providing for child care subsi-
31 dies in excess of the amount the subsidy
32 funding appropriated herein can support,
33 and failing to submit claims for
34 reimbursement in a timely fashion ............ 5,460,000
35 Notwithstanding any inconsistent provision
36 of law, the funds appropriated herein
37 shall be available to continue operation
38 of the facilitated enrollment pilot
39 program in Capital Region-Oneida (consist-
40 ing of Rensselaer, Schenectady, Saratoga,
41 Albany and Oneida counties) as provided to
42 the NYS AFL-CIO Workforce Development
43 Institute to act or continue to act as the
44 administrator to implement the program
45 proposed by the union child care coalition
46 of the NYS AFL-CIO and approved by the
47 office of children and family services.
48 The administrative cost, including the
49 cost of the development of the evaluation
50 of the pilot program shall not exceed ten
51 percent of the funds available for this
52 purpose. The remaining portion of the
53 funds shall be allocated by the office of
54 children and family services to the local
55 social services districts where the recip-
S. 1 6 A. 1
1 ient families reside as determined by the
2 project administrator based on projected
3 need and cost of providing child care
4 subsidies payment to working families
5 enrolled through the pilot initiative, a
6 local social services district shall not
7 reimburse subsidy payments in excess of
8 the amount the subsidy funding appropri-
9 ated herein can support. Child care subsi-
10 dies paid on behalf of eligible families
11 shall be reimbursed at the actual cost of
12 care up to the applicable market rate for
13 the district in which child care is
14 provided and in accordance with the fee
15 schedule of the local social services
16 district making the subsidy payment. Up to
17 $154,000 shall be made available to the
18 NYS AFL-CIO Workforce Development Insti-
19 tute, or other designated administrator,
20 to administer and to implement a plan
21 approved by the office of children and
22 family services for this pilot program in
23 consultation with the advisory council.
24 This administrator shall prepare and
25 submit to the office of children and fami-
26 ly services, the chairs of the senate
27 committee on social services, the senate
28 committee on children and families, the
29 senate committee on labor, the chairs of
30 the assembly committee on children and
31 families, and the assembly committee on
32 social services, an evaluation of the
33 pilot with recommendations. Such evalu-
34 ation shall include available information
35 regarding the pilot programs or partic-
36 ipants in the pilot programs, including
37 but not limited to: the number of income-
38 eligible children of working parents with
39 income greater than 200 percent but at or
40 less than 275 percent of the federal
41 poverty level, the ages of the children
42 served by the project, the number of fami-
43 lies served by the project who are in
44 receipt of family assistance, the factors
45 that parents considered when searching for
46 child care, the factors that barred the
47 families' access to child care assistance
48 prior to their enrollment in the facili-
49 tated enrollment program, the number of
50 families who receive a child care subsidy
51 pursuant to this program who choose to use
52 such subsidy for regulated child care, and
53 the number of families who receive a child
54 care subsidy pursuant to this program who
55 choose to use such subsidy to receive
56 child care services provided by a legally
S. 1 7 A. 1
1 exempt provider. Such report shall be
2 submitted by the applicable project admin-
3 istrator, on or before November 1, 2012,
4 provided that if such report is not
5 received by November 30, 2012, reimburse-
6 ment for administrative costs shall be
7 either reduced or withheld, and failure of
8 an administrator to submit a timely report
9 may jeopardize such administrator's
10 program from receiving funding in future
11 years. Child care subsidies paid on behalf
12 of eligible families shall be reimbursed
13 at the actual cost of care up to the
14 applicable market rate for the district in
15 which the child care is provided, for
16 subsidy payments made from April 1, 2011
17 through March 31, 2012 in accordance with
18 the fee schedule of the local social
19 services district making the subsidy
20 payments. The administrator for this pilot
21 project is required to submit bi-monthly
22 reports on the fifteenth day of every
23 other month beginning on January 15, 2012
24 and bi-monthly thereafter that provide
25 current enrollment and information includ-
26 ing, but not limited to, the amount of the
27 approved subsidy level, the level of
28 co-payment by the local social services
29 district required for the participants in
30 the program, the program's adopted budget
31 reflecting all expenses including salaries
32 and other information as needed, to the
33 office of children and family services,
34 the chairs of the senate committee on
35 social services, the senate committee on
36 children and families, the senate commit-
37 tee on labor, the chairs of the assembly
38 committee on children and families and the
39 assembly committee on social services, and
40 the local social services districts.
41 Provided however that if such bi-monthly
42 reports are not received from this Capital
43 Region-Oneida administrator, reimbursement
44 for administrative costs shall be either
45 reduced or withheld and failure of an
46 administrator to submit a timely report
47 may jeopardize such administrator's
48 program from receiving funding in future
49 years. The office of children and family
50 services shall provide technical assist-
51 ance to the pilot program to assist in
52 timely coordination with the monthly
53 claiming process. Notwithstanding any
54 other provision of law, this pilot program
55 maintained herein may be terminated if the
56 administrator for such program mismanages
S. 1 8 A. 1
1 such program, by engaging in actions
2 including but not limited to, improper use
3 of funds, providing for child care subsi-
4 dies in excess of the amount the subsidy
5 funding appropriated herein can support,
6 and failing to submit claims for
7 reimbursement in a timely fashion ............ 1,540,000
8 DEPARTMENT OF FAMILY ASSISTANCE
9 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
10 AID TO LOCALITIES 2011-12
11 EMPLOYMENT AND ECONOMIC SUPPORT PROGRAM
12 General Fund
13 Local Assistance Account
14 For services and expenses, notwithstanding
15 any inconsistent provision of law, and
16 without state or local financial partic-
17 ipation, of the career pathways program
18 for not-for-profit, community-based organ-
19 izations providing coordinated, comprehen-
20 sive employment services beyond the level
21 currently funded by local social services
22 districts to eligible individuals and
23 families. Such funds are to be made avail-
24 able to establish a career pathways
25 program to link education and occupational
26 training to subsequent employment through
27 a continuum of educational programs and
28 integrated support services to enable
29 participants, including disconnected young
30 adults, ages sixteen to twenty-four, to
31 advance over time both to higher levels of
32 education and to higher wage jobs in
33 targeted occupational sectors. With funds
34 appropriated herein, the office of tempo-
35 rary and disability assistance in consul-
36 tation with the department of labor shall
37 establish the career pathways program and
38 provide technical support, as needed, to
39 provide education, training, and job
40 placement for low-income individuals, age
41 sixteen and older. Preference shall be
42 given to eighteen to twenty-four year olds
43 who are unemployed or underemployed, in
44 areas of the state with demonstrated labor
45 market needs and unemployment rates that
46 are greater than the appropriate or
47 comparative rate of employment for the
48 region, and to persons in receipt of fami-
49 ly assistance and/or safety net assist-
50 ance. Of the amounts appropriated, at
51 least sixty percent shall be available for
52 services to eighteen to twenty-four year
S. 1 9 A. 1
1 olds, with remaining funds available to
2 recipients of family assistance and/or
3 safety net assistance, without age
4 restrictions, and sixteen to seventeen
5 year old self-supporting individuals who
6 are heads of household. The office of
7 temporary and disability assistance in
8 consultation with the department of labor
9 shall develop a request for proposals and
10 shall receive, review, and assess applica-
11 tions. In selecting proposals, the office
12 of temporary and disability assistance and
13 the department of labor shall give prefer-
14 ence to programs that demonstrate communi-
15 ty-based collaborations with education and
16 training providers and employers in the
17 region. Such education and training
18 providers may include, but not be limited
19 to general equivalency diplomas programs,
20 community colleges, junior colleges, busi-
21 ness and trade schools, vocational insti-
22 tutions, and institutions with baccalau-
23 reate degree-granting programs; programs
24 that provide for a career path or career
25 paths, as supported by identified local
26 employment needs; programs that provide
27 employment services, including but not
28 limited to, post-secondary training
29 designed to meet the needs of employers in
30 the local labor market, or catchment area;
31 programs that include education and train-
32 ing components, such as remedial educa-
33 tion, individual training plans, pre-em-
34 ployment training, workplace basic skills,
35 and literacy skills training. Such educa-
36 tion and training must include insti-
37 tutions, industry associations, or other
38 credentialing bodies for the purpose of
39 providing participants with certificates,
40 diplomas, or degrees; projects that
41 provide comprehensive student support
42 services, including but not limited to
43 tutoring, mentoring, child care, after
44 school program access, transportation, and
45 case management, as part of the individual
46 training plan. Preference shall be given
47 to proposals that include not-for-profit
48 collaborations with education, training,
49 or employer stakeholders in the region;
50 programs which leverage additional commu-
51 nity resources and provide participant
52 support services; training that result in
53 job placement; and education that links
54 participants with occupational skills
55 training and/or employer-related creden-
56 tials, credits, diplomas or certificates ..... 2,500,000
S. 1 10 A. 1
1 DIVISION OF HOUSING AND COMMUNITY RENEWAL
2 AID TO LOCALITIES 2011-12
3 FORECLOSURE PREVENTION PROGRAM
4 General Fund
5 Local Assistance Account
6 For services and expenses of the subprime
7 foreclosure prevention services program
8 set forth in section 2 of part NN of chap-
9 ter 57 of the laws of 2008
10 .............................................. 1,000,000
11 DEPARTMENT OF LABOR
12 AID TO LOCALITIES 2011-12
13 EMPLOYMENT AND TRAINING PROGRAM
14 General Fund
15 Local Assistance Account
16 For services and expenses related to the
17 continuation of displaced homemaker
18 services. Funds made available herein may
19 be used for state agency contractors, or
20 aid to local social services districts,
21 provided, further that no more than ten
22 percent of such funds may be used for
23 program administration at each individual
24 displaced homemaker center. Each program
25 administrator shall prepare and submit an
26 annual report to the department of labor,
27 the chairs of the senate committee on
28 social services, and the senate committee
29 on children and families and the assembly
30 chair of the committee on social services,
31 on the summary of activities, including
32 but not limited to the number of eligible
33 recipients, and the outcome for each
34 recipient together with a summary of
35 revenues and expenses including all sala-
36 ries ......................................... 2,500,000
37 For allocation to local social services
38 districts, notwithstanding any inconsist-
39 ent provision of law, and without state or
40 local financial participation, for costs
41 of operating the summer youth programs
42 providing full wage subsidy paid summer
43 employment and associated supportive
44 services. Notwithstanding any other incon-
45 sistent provision of law to the contrary,
46 the commissioner of any local department
47 of social services may assign all or a
S. 1 11 A. 1
1 portion of moneys appropriated herein on
2 behalf of such local department of social
3 services to the workforce investment board
4 designated by such commissioner and upon
5 receipt of such monies, any such workforce
6 investment board shall be obligated to
7 utilize such funds consistent with the
8 purposes of this appropriation. Funds
9 appropriated herein shall be allocated to
10 local social services districts in accord-
11 ance with a methodology that shall be
12 based on allocations for the prior state
13 fiscal year and on a district's relative
14 share of persons aged fourteen to twenty
15 living in households whose incomes do not
16 exceed 200 percent of the federal poverty
17 level ....................................... 25,000,000
18 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
19 HURRICANE IRENE - TROPICAL STORM LEE FLOOD RECOVERY
20 GRANT PROGRAM
21 AID TO LOCALITIES 2011-12
22 General Fund
23 Local Assistance Account
24 For implementation of the Hurricane Irene -
25 Tropical Storm Lee Flood Recovery Grant
26 Program. This appropriation may be allo-
27 cated to empire state development or any
28 other state agency for the purposes of
29 implementing the Hurricane Irene - Trop-
30 ical Storm Lee Flood Recovery Grant
31 Program ..................................... 50,000,000
32 --------------
33 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES HIGHER
34 EDUCATION OPPORTUNITY PROGRAMS
35 AID TO LOCALITIES 2011-12
36 General Fund
37 Local Assistance Account
38 For services and expenses of the following:
39 search for education, elevation and know-
40 ledge (SEEK) programs ($1,000,000); educa-
41 tional opportunity program ($955,000);
42 student financial assistance to expand
43 opportunities at community colleges of the
44 city university for the educationally and
45 economically disadvantaged in accordance
46 with section 6452 of the education law
47 ($55,000); liberty partnership program
48 awards ($1,700,000); higher education
49 opportunity program awards ($3,485,000);
S. 1 12 A. 1
1 science and technology entry program
2 (STEP) awards ($1,027,000); and collegiate
3 science and technology entry program
4 (CSTEP) awards ($778,000). This appropri-
5 ation may be allocated to the city univer-
6 sity of New York, the state university of
7 New York, and the state education depart-
8 ment pursuant to a plan developed and
9 approved by the director of the budget
10 following consultation with the chair of
11 the assembly ways and means committee ........ 9,000,000
12 --------------
13 § 3. This act shall take effect immediately and shall be deemed to
14 have been in full force and effect on and after April 1, 2011.
