Bill Text: NY A04815 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes the universal child care act to provide for the establishment and funding of universal child care in the state of New York; relates to the effectiveness of the child care availability taskforce; makes an appropriation therefor.
Spectrum: Partisan Bill (Democrat 32-0)
Status: (Introduced) 2024-01-03 - referred to children and families [A04815 Detail]
Download: New_York-2023-A04815-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4815 2023-2024 Regular Sessions IN ASSEMBLY February 23, 2023 ___________ Introduced by M. of A. HEVESI, DINOWITZ, FAHY, KELLES, MITAYNES, GALLAGHER, MAMDANI, SEPTIMO, CLARK, SIMON, BURGOS, CRUZ, JACKSON, EPSTEIN, BICHOTTE HERMELYN, MEEKS, REYES, STECK, FORREST, CARROLL, ANDERSON, KIM, WEPRIN, SEAWRIGHT, GONZALEZ-ROJAS, CUNNINGHAM, DAVILA, CONRAD -- read once and referred to the Committee on Children and Families AN ACT to amend the social services law and the education law, in relation to the provision of universal child care; to amend chapter 493 of the laws of 2017 amending the social services law relating to establishing a child care availability taskforce to evaluate the need for and availability of child care throughout the state, in relation to the effectiveness thereof; to amend the state finance law, in relation to establishing certain funds to provide for the establish- ment and funding of universal child care; to repeal certain provisions of the social services law relating thereto; and making an appropri- ation therefor The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "universal child care act". 3 § 2. Legislative findings. The legislature hereby finds and declares 4 that New York State's child care sector is facing an economic crisis. In 5 2018, the legislature created a Child Care Availability Task Force. In 6 2021, that Task Force issued its final report, finding that the current 7 crisis "requires a dramatically different approach to child care: one 8 that recognizes that high-quality child care is a public good and that 9 provides the necessary public investment" to implement a system of high- 10 quality universal child care. This legislation will move New York 11 towards such a dramatically new system, where child care workers are 12 treated with dignity and compensated generously as the educators that 13 they are, where child care is free and available to all just like our EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05105-01-3A. 4815 2 1 public education system is free and available for all, where burdensome 2 and ineffective means-testing requirements are ultimately eliminated, 3 where public investments are directed towards those most in need as we 4 build out our important child care infrastructure, where families have a 5 meaningful ability to select the modalities that work best for their 6 children, where child care providers are not forced to compete against 7 each other, where high-quality is ensured for all so that we do not have 8 a two-tiered child care system where the wealthy have high-quality care 9 and the working poor have substandard care, where both federal and state 10 funding is allocated generously, where the burden on localities is mini- 11 mized, and where our child care system is truly universal. 12 § 3. Section 390-k of the social services law, as added by chapter 493 13 of the laws of 2017, subdivisions 2 and 4 as amended by chapter 797 of 14 the laws of 2021 and subdivision 3 as amended by chapter 133 of the laws 15 of 2022, is amended to read as follows: 16 § 390-k. Child care availability taskforce. 1. There shall be estab- 17 lished within the office of children and family services a child care 18 taskforce for the purpose of [evaluating the need for and availability19of child care throughout the state] guiding New York towards a system of 20 free and universal child care. 21 2. The taskforce shall be chaired by a representative of the executive 22 chamber and the commissioners of the office of children and family 23 services [and], the department of labor and the department of education, 24 or their designees. Members of the taskforce shall serve without compen- 25 sation for three year terms, but may be reimbursed for actual costs 26 incurred for participation on such taskforce. Ensuring adequate 27 geographic, racial and ethnic representation, members of the taskforce 28 shall be appointed by the governor and comprised as follows: 29 (a) four individuals shall be appointed upon the recommendation of the 30 speaker of the assembly, at least one of whom shall be a parent who has 31 utilized subsidized child care and at least one of whom shall be a 32 parent who has utilized unsubsidized child care, from different regions 33 of the state; 34 (b) four individuals shall be appointed upon the recommendation of the 35 temporary president of the senate, at least one of whom shall be a 36 parent who has utilized subsidized child care and at least one of whom 37 shall be a parent who has utilized unsubsidized child care, from differ- 38 ent regions of the state; 39 (c) one individual shall be appointed upon the recommendation of the 40 minority leader of the assembly; 41 (d) one individual shall be appointed upon the recommendation of the 42 minority leader of the senate; 43 (e) two representatives of a child care resource and referral agency; 44 (f) a minimum of three and a maximum of four representatives of home- 45 based child care providers; 46 (g) a minimum of three and a maximum of four representatives of 47 center-based child care providers; 48 (h) two representatives from the business community; 49 (i) two representatives from unions that represent child care provid- 50 ers; and 51 (j) at least one representative from each of the following entities: 52 (i) the office of temporary and disability assistance; 53 (ii) the council on children and families; 54 (iii) the department of taxation and finance; 55 (iv) a regional economic development council;A. 4815 3 1 (v) the state university of New York or the city university of New 2 York; 3 (vi) the state education department; 4 (vii) the early childhood advisory council; 5 (viii) a social [service] services district or county government or an 6 entity that advocates on behalf of social services or county govern- 7 ments; and 8 (ix) a non-profit child care advocacy organization. 9 3. The taskforce shall: 10 (a) examine the impact of the COVID-19 pandemic on child care in New 11 York state; 12 (b) advise the state in developing an implementation framework leading 13 to [a] an expeditions phased-in rollout of universal child care using 14 existing state and federal resources; 15 (c) recommend potential solutions, partnerships, or other ways to 16 address chronic child care workforce issues and other concerns identi- 17 fied in the course of the examination required by this subdivision; 18 (d) assess the implementation of policies supported by federally fund- 19 ed programs through various stimulus packages; [and] 20 (d-1) address how to implement a truly universal child care system 21 that is free at the point of service for all families and delivers high- 22 quality child care to all New Yorkers, with a four-year phase-in that 23 follows priorities and principles: where expansions are targeted to 24 first cover low-income families, historically underserved communities 25 and families facing complex needs, including children with disabilities 26 and child welfare involvement; where work requirements, activities 27 tests, and immigration status requirements for low-income families are 28 all eliminated; where the phase-in takes all reasonable steps to avoid 29 benefits' cliffs; where reasonable steps are taken to guard against 30 increases in costs for middle-income families; and where the roll-out of 31 universal child care is coordinated with the expansions to universal 32 pre-k and 3-k for all programs so that such programs do not cause unin- 33 tentional harm to child care providers; 34 (d-2) address how to eliminate the barriers families eligible under 35 state law face obtaining or utilizing subsidies; 36 (d-3) ensure the availability of child care for non-traditional work 37 hours, and identification of the funding that would be needed to expand 38 facilities that cover such non-traditional work hours; 39 (d-4) address the existence of illegal and unregulated child care 40 providers, the labor conditions of employees at such facilities, and 41 regulatory recommendations for approaching such providers; 42 (d-5) provide disparities in the quality of child care provided to 43 families of different economic backgrounds, and the funding needed to 44 provide high-quality child care for all; 45 (d-6) layout the factors contributing to the success of implementing 46 universal pre-k programs in the state and the unintended consequences 47 impacting child care providers, particularly family-based providers, in 48 the state, together with recommendations; 49 (d-7) address how to implement federal funding for child care and 50 universal pre-k in a way that maximizes federal appropriations, allows 51 the state to achieve and fund a more expansive program that is not 52 restricted by narrow and restrictive means-testing requirements and 53 implements universal pre-k funding in a manner where the state education 54 department and the office of children and family services coordinate so 55 that such funding is allocated in a manner that supports and expands the 56 state's child care providers, rather than harming existing programs;A. 4815 4 1 (d-8) ensure an expeditious phased-in rollout of universal child care 2 using existing state and federal resources, in no more than four years, 3 with an emphasis on building out necessary infrastructure and providing 4 care for those most in need while we move towards a truly universal 5 system; 6 (d-9) recommend how best to phase in the establishment of a permanent 7 department of early education and care, which shall possess the duties 8 required to maintain and administer the free and high-quality universal 9 child care system pursuant to the recommendations of the taskforce; and 10 (e) anything else the taskforce deems necessary. 11 4. [(a)] The taskforce shall report [its interim findings and recom-12mendations in accordance with subdivision three of this section to the13governor, the speaker of the assembly and the temporary president of the14senate no later than November first, two thousand twenty-two and its15final findings and recommendations no later than December thirty-first,16two thousand twenty-three.17(b) The taskforce shall also report on the implementation of any18recommendations that resulted from the initial report required to be19produced by the task force pursuant to subdivision four of chapter four20hundred ninety-three of the laws of two thousand seventeen. Such addi-21tional report shall be provided annually, beginning July first two thou-22sand twenty-two] a four-year plan for a phased roll-out of universal 23 child care in the state, and make annual recommendations, starting in 24 November first, two thousand twenty-three through November thirtieth, 25 two thousand twenty-four, for specific appropriations for budget allo- 26 cations that would allow for a truly free and universal child care 27 system, including, but not limited to: (a) wage increases for child care 28 workers that allow them to achieve pay parity with public school teach- 29 ers; (b) capital expenditures to allow for the expansion of child care 30 infrastructure into communities most in need; and (c) startup funds to 31 allow for the creation of new child care programs in child care deserts. 32 Such recommendations shall include recommendations to identify all 33 reasonable means of maximizing the allocation of federal funds, as well 34 as supplemental funding from the state that would allow for a truly free 35 and universal child care system. The taskforce report shall further make 36 recommendations for the integration of child care programs into existing 37 public programs, such as public schools, public universities, and public 38 housing, to deliver high-quality child care to all New Yorkers. Such 39 recommendations shall be based on what is needed to actually achieve a 40 high-quality universal child care system in the state, and what addi- 41 tional funding would be needed from the state to achieve that goal. 42 Each year, following the annual state budget, the taskforce shall also 43 provide a score card stating how close New York has come to achieving a 44 high-quality universal child care system, provided, however, that task 45 force members who are employees of the governor's office and the state 46 legislature shall recuse themselves from such rating process. The task- 47 force shall report its findings annually. 48 § 4. Subdivision 8 of section 390 of the social services law, as added 49 by chapter 750 of the laws of 1990, is amended to read as follows: 50 8. The [department] office of children and family services shall 51 establish and maintain a list of all current registered and licensed 52 child day care programs and a list of all programs whose license or 53 registration has been revoked, rejected, terminated, or suspended. [Such54information shall be available to the public, pursuant to procedures55developed by the department] The office of children and family services 56 shall work with service providers and child care resource and referralA. 4815 5 1 agencies throughout the state to gather information to create and main- 2 tain a publicly-searchable, user-friendly, and language-accessible data- 3 base of available child care facilities on the office's website and on a 4 companion phone application. Such database shall be updated in real 5 time and shall provide and be searchable by the following information: 6 (a) the name and address of the facility; 7 (b) the capacity of the facility; 8 (c) whether the facility is fully enrolled or has current availabili- 9 ty, with the available capacity specified by age group; 10 (d) whether the facility has a waiting list for which a family can 11 apply; 12 (e) the age range allowable for the facility; 13 (f) the modality for the facility; 14 (g) the operating hours for the facility; 15 (h) the language or languages spoken at the facility; and 16 (i) whether the facility has been cited for any violations, with any 17 such violations separated into "dangerous" and "non-dangerous" catego- 18 ries, and prominent notices indicating whether any such violations have 19 been cured or addressed. 20 The office of children and family services shall provide information 21 on its website in English, French, Polish, and the ten most common non- 22 English languages spoken by individuals with limited English proficiency 23 in the state, based on United States census data. 24 § 5. Subdivision 1 of section 410 of the social services law, as added 25 by chapter 395 of the laws of 1965, is amended to read as follows: 26 1. A public welfare official of a county, city or town is [authorized] 27 obligated, provided funds have been made available therefor, to provide 28 day care at public expense for children residing in his or her territory 29 [who are eligible therefor pursuant to provisions of this title. Such30care may be provided only in cases where it is determined, under crite-31ria established by the department, that there is a need therefor because32of inability of the parents to provide care and supervision for a33substantial part of the day and that such care is in the best interest34of the child and parent. Where the family is able to pay part or all of35the costs of such care, payment of such fees as may be reasonable in the36light of such ability shall be required] with the aim of providing free 37 and universal child care for all families within such territory. 38 § 6. Subdivision 2 of section 410-b of the social services law, as 39 added by chapter 395 of the laws of 1965 and such section as renumbered 40 by chapter 640 of the laws of 1971, is amended and a new subdivision 5 41 is added to read as follows: 42 2. The [department of social welfare] office of children and family 43 services is hereby designated and empowered to act as the agent of the 44 state in carrying out the provisions of any such federal law with 45 respect to such day care facilities in this state. In exercising this 46 duty as agent of the state, the office of children and family services 47 shall seek to obtain any waivers or permissions from federal agencies 48 necessary and proper to allow the state and its various subdivisions to 49 implement a child care system that is universal and free at the point of 50 service, notwithstanding that the state's child care system may be more 51 expansive than what is being reimbursed with federal funds. 52 5. To the extent that federal funds are offered for child care and are 53 contingent on matching funds from the state, the state shall make all 54 reasonable efforts to maximize the allocation of federal funds by making 55 sufficient state-level appropriations.A. 4815 6 1 § 7. Subdivisions 5, 6, 7 and 8 of section 410-x of the social 2 services law are renumbered subdivisions 6, 7, 8 and 9 and a new subdi- 3 vision 5 is added to read as follows: 4 5. (a) For each group for which the office of children and family 5 services determines a separate payment rate pursuant to subdivision four 6 of this section, and at the same frequency, such office shall utilize a 7 cost estimation model to determine the actual cost providers incur when 8 providing high-quality child care. The cost estimation model shall iden- 9 tify and take into account cost drivers including but not limited to 10 employee salary and benefits, enrollment levels, facility costs and 11 compliance with statutory and regulatory requirements. Where a quality 12 rating system or any quality indicators are being utilized, the cost 13 estimation model shall also take into account the cost of providing 14 services at each level of quality. 15 (b) In developing such model the office of children and family 16 services shall consult with stakeholders including, but not limited to, 17 representatives of child care resource and referral agencies, child care 18 providers, labor leaders for any labor unions representing child care 19 workers in the state, and any state advisory council established pursu- 20 ant to 42 U.S.C.S. § 9831 et. seq., as amended. The cost estimation 21 model shall be statistically valid, using complete and current data and 22 rigorous collection methods. The cost estimation model shall further 23 account for biases in reported data that tend to underestimate the cost 24 of care, and shall make appropriate adjustments. 25 § 8. Section 410-z of the social services law, as added by section 52 26 of part B of chapter 436 of the laws of 1997, is amended to read as 27 follows: 28 § 410-z. Reporting requirements. 1. Each social services district 29 shall collect and submit to the [department] office of children and 30 family services, in such form and at such times as specified by the 31 [department] office of children and family services, such data and 32 information regarding child care assistance provided under the block 33 grant as the [department] office of children and family services may 34 need to comply with federal reporting requirements. 35 2. The office of children and family services shall prepare a report 36 detailing the actual cost providers incur when providing child care in 37 each setting, as determined by the cost estimation model established in 38 paragraph (a) of subdivision five of section four hundred ten-x of this 39 title. The report shall detail cost data for each setting, age group, 40 care provided to children with special needs, and any other grouping for 41 which a separate cost estimation is conducted. Such data shall include: 42 (a) the level of quality care as determined by a quality rating system 43 or any quality indicators utilized by the state; 44 (b) a description of the major cost drivers for providing care; and 45 (c) a comparison of the costs of child care for each grouping to the 46 market rate determined by the office of children and family services 47 pursuant to subdivision four of section four hundred ten-x of this 48 title. 49 The report shall be submitted to the governor, the speaker of the 50 assembly and the temporary president of the senate by June first, two 51 thousand twenty-five and June first of every other year thereafter. The 52 office of children and family services shall post the information 53 contained in the report on its website. 54 § 9. Subdivision 1 and paragraph (b) of subdivision 5 of section 410-c 55 of the social services law, subdivision 1 as added by chapter 1014 of 56 the laws of 1969, paragraph (a) of subdivision 1 as amended by chapterA. 4815 7 1 110 of the laws of 1971, and paragraph (b) of subdivision 5 as amended 2 by chapter 277 of the laws of 1990, and such section as renumbered by 3 chapter 640 of the laws of 1971, are amended to read as follows: 4 1. (a) Expenditures made by counties, cities, and towns for day care 5 and its administration, and day care center projects, pursuant to the 6 provisions of this title, shall, if approved by the department, be 7 subject to reimbursement by the state, in accordance with the regu- 8 lations of the department, as follows: There shall be paid to each coun- 9 ty, city or town (1) the amount of federal funds, if any, properly 10 received or to be received on account of such expenditures; (2) [fifty] 11 ninety per centum of its expenditures for day care and its adminis- 12 tration and day care center projects, after first deducting therefrom 13 any federal funds received or to be received on account thereof, and any 14 expenditures defrayed by fees paid by parents or by other private 15 contributions. 16 (b) For the purpose of this title, expenditures for administration of 17 day care shall include expenditures for compensation of employees in 18 connection with the furnishing of day care, including but not limited to 19 costs incurred for pensions, federal old age and survivors insurance and 20 health insurance for such employees; training programs for personnel, 21 operation, maintenance and service costs; and such other expenditures 22 such as equipment costs, depreciation and charges and rental values as 23 may be approved by the department. It [shall not] may include expendi- 24 tures for capital costs in appropriate cases at the discretion of the 25 department, provided that capital costs are prioritized in areas that 26 are categorized as child care deserts. In the case of day care purchased 27 from a non-profit corporation constituting an eligible borrower pursuant 28 to title five-a of this article, expenditures shall include an allocable 29 proportion of all operating costs of such facility as may be approved by 30 the department including but not limited to the expenditures enumerated 31 in this paragraph [(b)] and expenditures for amortization, interest and 32 other financing costs of any mortgage loan made to such non-profit 33 corporation. 34 (b) The commissioner shall, within appropriations made available 35 therefor, select proposed school age child day care programs which shall 36 be eligible to receive an award [of no more than twenty-five thousand37dollars] for start up or expansion costs, including planning, rental, 38 operational and equipment costs, or minor renovations identified as 39 being necessary in order for the program to comply with applicable state 40 or local building, fire safety or licensing standards, based on plans 41 submitted to him. The commissioner shall give preference to those areas 42 of the state which are significantly underserved by existing school age 43 child day care programs and to those programs which involve parents in 44 the development and implementation of programs. The commissioner shall 45 publicize this availability of funds to be used for purposes of this 46 subdivision in awarding grants. Plans may be submitted by private not- 47 for-profit corporations, organizations or governmental subdivisions. 48 § 10. Subdivision 8 of section 410-w of the social services law, as 49 amended by section 1 of part Z of chapter 56 of the laws of 2021, is 50 amended to read as follows: 51 8. Notwithstanding any other provision of law, rule or regulations to 52 the contrary, a social services district that implements a plan amend- 53 ment to the child care portion of its child and family services plan, 54 either as part of an annual plan update, or through a separate plan 55 amendment process, where such amendment reduces eligibility for, or 56 increases the family share percentage of, families receiving child careA. 4815 8 1 services, or that implements the process for closing child care cases as 2 set forth in the district's approved child and family services plan, due 3 to the district determining that it cannot maintain its current caseload 4 because all of the available funds are projected to be needed for open 5 cases, shall provide all families whose eligibility for child care 6 assistance or family share percentage will be impacted by such action 7 with at least thirty days prior written notice of the action. Provided, 8 however, that a family receiving assistance pursuant to this title shall 9 not be required to contribute more than what is required by federal law 10 or ten percent of their income exceeding the federal poverty level, 11 whichever is lower, and that such cost shall be covered entirely by the 12 state. 13 § 11. Subdivision 6 of section 410-x of the social services law, as 14 amended by section 2 of part Z of chapter 56 of the laws of 2021, is 15 amended to read as follows: 16 6. Pursuant to department regulations, child care assistance shall be 17 provided on a sliding fee basis based upon the family's ability to pay; 18 provided, however, that a family receiving assistance pursuant to this 19 title shall not be required to contribute more than what is required by 20 federal law or ten percent of their income exceeding the federal poverty 21 level, whichever is lower, and that such cost shall be covered entirely 22 by the state. 23 § 12. Section 410-x of the social services law is amended by adding a 24 new subdivision 9 to read as follows: 25 9. A social services district shall establish differential payment 26 rates for child care services provided by licensed, registered or 27 enrolled child care providers as required by this subdivision. 28 (a) Local social services districts shall establish a differential 29 payment rate for child care services provided by licensed or registered 30 child care providers who provide care to a child or children experienc- 31 ing homelessness. Such differential payment rate shall be twenty percent 32 higher than the actual cost of care or the applicable market-related 33 payment rate established by the office of children and family services 34 in regulations, whichever is less. 35 (b) Local social services districts shall establish a differential 36 payment rate for child care services provided by licensed, registered, 37 or enrolled child care providers who provide care to a child during 38 nontraditional hours. "Nontraditional hours" shall mean care provided in 39 the evening, night, or on the weekend. Such differential payment rate 40 shall be twenty percent higher than the actual cost of care or the 41 applicable market-related payment rate established by the office of 42 children and family services in regulations, whichever is less. 43 (c) The cost of the differential payment rates established under this 44 subdivision shall be covered by the state. 45 § 13. Subdivision 1 of section 410 of the social services law, as 46 amended by chapter 694 of the laws of 2022, is amended to read as 47 follows: 48 1. A public welfare official of a county, city or town [is authorized] 49 shall, provided funds have been made available therefor, [to] and with 50 the state making all reasonable efforts to obtain federal funding and 51 supplementing those amounts with additional state funding, provide day 52 care at public expense for children residing in his or her territory who 53 are eligible therefor pursuant to provisions of this title. Such care 54 [may] shall be provided [only in cases where it is determined,] under 55 criteria established by the office of children and family services, that 56 there is a need and that such care is in the best interest of the childA. 4815 9 1 and parent; provided however that the public welfare official shall not 2 [be required to] limit authorized child care services strictly based on 3 the work, training, or educational schedule of the parents or the number 4 of hours the parents spend in work, training, or educational activities, 5 nor shall the public welfare official limit authorized child care 6 services based on proof of immigration status. Where the family [is able7to pay part or all of the costs of such care] income is more than one 8 thousand percent of the poverty line, payment of such fees as may be 9 reasonable in the light of such ability [shall] may be required to the 10 extent necessary as the state transitions to a system that is free and 11 universal. To the extent there are insufficient funds to immediately 12 serve all families, the state shall make all reasonable efforts to 13 incrementally expand to universal access over a period of four years, 14 pursuant to the phase-in priorities and principles recommended by the 15 taskforce under section three hundred ninety-k of this article. 16 § 14. Paragraph (b) of subdivision 3 of section 410 of the social 17 services law is REPEALED and paragraphs (c) and (d) are relettered para- 18 graphs (b) and (c). 19 § 15. Subdivisions 1 and 2 of section 410-bb of the social services 20 law, subdivision 1 as added by chapter 503 of the laws of 1988, subdivi- 21 sion 2 as amended by chapter 659 of the laws of 1988, are amended to 22 read as follows: 23 1. The legislature finds and declares that a crisis exists in the 24 availability and quality of child day care in New York state and that 25 this crisis poses a danger both to the welfare and safety of the chil- 26 dren and to the productivity of this state's workforce; that inadequate 27 salaries and in many cases nonexistent benefit packages have substan- 28 tially contributed to the existing crisis by precluding day care centers 29 from recruiting and retaining necessary teaching and supervisory staff; 30 that an extremely high turnover rate has interfered in many instances 31 with the ability of day care centers to comply with regulatory require- 32 ments and to properly serve the children in their care; and that because 33 of these extraordinary circumstances New York state must intervene and 34 provide assistance for recruitment and retention of child care workers, 35 with the goal of creating a free and universal child care system that is 36 available to all, in the same manner as the public school system, with- 37 out the burdens of means-testing. The legislature recognizes that a 38 long-term solution to this crisis will require cooperative efforts among 39 [the business community, local and state governments and families] all 40 New Yorkers. 41 2. Within amounts appropriated specifically therefor, and after 42 deducting funds as specified in subdivision three of this section, the 43 commissioner shall allocate funds to local social services districts for 44 grants to [eligible not-for-profit day care centers] child care provid- 45 ers for retention and recruitment of teaching and supervisory staff, [as46follows:47(a) a city social services district with a population in excess of one48million shall be allocated a portion of such funds based on an equal49weighting of:50(i) its proportion of the state population of children aged five and51under, and52(ii) its proportion of total claims for reimbursement received by the53department by May thirty-first, nineteen hundred eighty-eight for the54low income, transitional and teen parent day care programs authorized by55chapter fifty-three of the laws of nineteen hundred eighty-seven.A. 4815 10 1(b) all other eligible local social services districts shall be allo-2cated the remaining portion of funds based on each district's propor-3tionate share of licensed not-for-profit day care capacity relative to4the total capacity of all such other eligible districts] with the aim of 5 providing staff with salary and benefits that is at parity with that of 6 local public school teachers in the relevant area. 7 § 16. Subdivisions 1 and 2 of section 410-v of the social services 8 law, subdivision 1 as added by section 52 of part B of chapter 436 of 9 the laws of 1997, subdivision 2 as amended by chapter 214 of the laws of 10 1998, are amended to read as follows: 11 1. The part of the block grant that is determined to be available to 12 social services districts for child care assistance shall be apportioned 13 among the social services districts by the department according to an 14 allocation plan developed by the department and approved by the director 15 of the budget. The allocation plan shall [be based, at least in part, on16historical costs and on the availability and cost of, and the need for,17child care assistance in each social services district] aim to provide 18 universal and free child care on a statewide basis. Annual allocations 19 shall be made on a federal fiscal year basis and shall incorporate the 20 annual recommendations of the child care taskforce established under 21 section three hundred ninety-k of this article. 22 2. Reimbursement under the block grant to a social services district 23 for its expenditures for child care assistance shall be available for 24 [seventy-five] ninety percent of the district's expenditures for child 25 care assistance provided to those families in receipt of public assist- 26 ance which are eligible for child care assistance under this title and 27 for one hundred percent of the social services district's expenditures 28 for other eligible families[; provided, however, that such reimbursement29shall be limited to the social services district's annual state block30grant allocation]. To the extent that families are not eligible for 31 funding pursuant to this provision, the state shall make all reasonable 32 efforts to ensure that families not eligible for federally-funded child 33 care have access, phased-in over a period of four years, pursuant to the 34 phase-in priorities and principles recommended by the taskforce under 35 section three hundred ninety-k of this article. 36 § 17. Subdivisions 1 and 2 of section 410-w of the social services 37 law, subdivision 1 as amended by section 2 of part L of chapter 56 of 38 the laws of 2022 and subdivision 2 as amended by chapter 569 of the laws 39 of 2001, are amended to read as follows: 40 1. A social services district may use the funds allocated to it from 41 the block grant to provide child care assistance to[:42(a) families receiving public assistance when such child care assist-43ance is necessary: to enable a parent or caretaker relative to engage in44work, participate in work activities or perform a community service45pursuant to title nine-B of article five of this chapter; to enable a46teenage parent to attend high school or other equivalent training47program; because the parent or caretaker relative is physically or48mentally incapacitated; or because family duties away from home necessi-49tate the parent or caretaker relative's absence; child day care shall be50provided during breaks in activities, for a period of up to two weeks.51Such child day care may be authorized for a period of up to one month if52child care arrangements shall be lost if not continued, and the program53or employment is scheduled to begin within such period;54(b) families with incomes up to two hundred percent of the state55income standard, or three hundred percent of the state income standard56effective August first, two thousand twenty-two who are attemptingA. 4815 11 1through work activities to transition off of public assistance when such2child care is necessary in order to enable a parent or caretaker rela-3tive to engage in work provided such families' public assistance has4been terminated as a result of increased hours of or income from employ-5ment or increased income from child support payments or the family6voluntarily ended assistance; provided that the family received public7assistance at least three of the six months preceding the month in which8eligibility for such assistance terminated or ended or provided that9such family has received child care assistance under subdivision four of10this section; and provided, the family income does not exceed eighty-11five percent of the state median income;12(c) families with incomes up to two hundred percent of the state13income standard, or three hundred percent of the state income standard14effective August first, two thousand twenty-two, which are determined in15accordance with the regulations of the department to be at risk of16becoming dependent on family assistance; provided, the family income17does not exceed eighty-five percent of the state median income;18(d) families with incomes up to two hundred percent of the state19income standard, or three hundred percent of the state income standard20effective August first, two thousand twenty-two, who are attending a21post secondary educational program; provided, the family income does not22exceed eighty-five percent of the state median income; and23(e) other families with incomes up to two hundred percent of the state24income standard, or three hundred percent of the state income standard25effective August first, two thousand twenty-two, which the social26services district designates in its consolidated services plan as eligi-27ble for child care assistance in accordance with criteria established by28the department; provided, the family income does not exceed eighty-five29percent of the state median income] families who need child care or who 30 are having trouble affording child care, to the maximum extent permissi- 31 ble under federal laws and regulations. To the extent that families are 32 not eligible for funding pursuant to this provision, the state shall 33 make all reasonable efforts to ensure that families not eligible for 34 federally-funded child care have access, phased-in over a period of four 35 years, pursuant to the phase-in priorities and principles recommended by 36 the taskforce under section three hundred ninety-k of this article. 37 2. [For the purposes of this title, the term "state income standard"38means the most recent federal income official poverty line (as defined39and annually revised by the federal office of management and budget)40updated by the department for a family size of four and adjusted by the41department for family size] Each social services district shall conduct 42 extensive and language-accessible outreach to families who need child 43 care or who are having trouble affording child care. To the extent that 44 social services districts or the office of children and family services 45 are required to examine families' incomes pursuant to federal laws or 46 regulations, they shall use the least restrictive and most efficient 47 means available to avoid placing undue burdens on families applying for 48 assistance. To the extent that families applying for assistance are 49 required to provide proof of eligibility, each local social services 50 district and the office of children and family services shall make all 51 reasonable efforts to provide assistance in completing all necessary 52 documents expeditiously. 53 § 18. Subdivision 2 of section 410-u of the social services law, as 54 added by section 1 of part L of chapter 56 of the laws of 2022, is 55 amended to read as follows:A. 4815 12 1 2. The state block grant for child care shall be divided into two 2 parts pursuant to a plan developed by the department and approved by the 3 director of the budget. One part shall be retained by the state to 4 provide child care on a statewide basis to special groups and for activ- 5 ities to increase the availability and/or quality of child care 6 programs, including, but not limited to, the start-up of child care 7 programs, the increase of child care worker salaries, the operation of 8 child care resource and referral programs, training activities, the 9 regulation and monitoring of child care programs, the development of 10 computerized data systems, and consumer education, provided however, 11 that child care resource and referral programs funded under title five-B 12 of article six of this chapter shall meet additional performance stand- 13 ards developed by the department of social services including but not 14 limited to: increasing the number of child care placements for all 15 persons, with priority given to persons who are at or below [two hundred16percent of the state income standard, or three hundred percent of the17state income standard effective August first, two thousand twenty-two,18provided such persons are at or below eighty-five percent of the state19median income,] one thousand percent of the federal poverty line; with 20 emphasis on placements supporting local efforts in meeting federal and 21 state work participation requirements, increasing technical assistance 22 to all modalities of legal child care to persons, with a priority given 23 to persons who are at or below [two hundred percent of the state income24standard, or three hundred percent of the state income standard effec-25tive August first, two thousand twenty-two, provided such persons are at26or below eighty-five percent of the state median income,] one thousand 27 percent of the federal poverty line; including the provision of training 28 to assist providers in meeting child care standards or regulatory 29 requirements[,]; and creating new child care opportunities, and assist- 30 ing social services districts in assessing and responding to child care 31 needs for all persons, with priority given to persons at or below [two32hundred percent of the state income standard, or three hundred percent33of the state income standard effective August first, two thousand twen-34ty-two, provided such persons are at or below eighty-five percent of the35state median income] one thousand percent of the federal poverty line. 36 The department shall have the authority to withhold funds from those 37 agencies which do not meet performance standards. Agencies whose funds 38 are withheld may have funds restored upon achieving performance stand- 39 ards. The other part shall be allocated to social services districts to 40 provide child care assistance to families receiving family assistance 41 and to other low income families. To the extent that families are not 42 eligible for funding pursuant to this subdivision, the state shall make 43 all reasonable efforts to ensure that families not eligible for federal- 44 ly-funded child care have access, phased-in over a period of four years, 45 pursuant to the phase-in priorities and principles recommended by the 46 taskforce under section three hundred ninety-k of this article. 47 § 19. Section 410-cc of the social services law, as amended by chapter 48 882 of the laws of 1990, is amended to read as follows: 49 § 410-cc. Start up grants for child day care. The commissioner shall 50 provide funds to start up grants to not-for-profit organizations or 51 corporations for the development of new or expanded all day child day 52 care programs including costs related to planning, renting, renovating, 53 operating, and purchasing equipment. The commissioner shall establish 54 guidelines including, but not limited to, allowable costs, and criteria 55 for eligibility for grants giving preference to those child day care 56 providers who [will, to the maximum extent feasible, target services toA. 4815 13 1households having incomes up to two hundred percent of the federal2poverty standard] serve areas that currently constitute child care 3 deserts, and with the aim of developing New York's statewide universal 4 child care infrastructure. The commissioner shall widely publicize the 5 availability of funds and conduct extensive outreach in a language-ac- 6 cessible manner to develop the state's universal child care infrastruc- 7 ture. [No awards shall be granted which exceed twenty-five hundred8dollars for a new family day care provider or new group family day care9provider, and one hundred thousand dollars for a new child day care10center.] Child care resource and referral agencies [may] shall receive 11 family day care start up grants [not to exceed two thousand five hundred12dollars per new provider] if the agency trains such new family provider 13 and thereby expands the supply of family day care programs in the commu- 14 nity. The commissioner shall give preference to those communities which 15 are significantly underserved by existing programs and to those programs 16 which and those providers who will serve infants under two years of age. 17 § 20. Section 101 of the education law is amended to read as follows: 18 § 101. Education department; regents of the university. There shall 19 continue to be in the state government an education department. The 20 department is charged with the general management and supervision of all 21 public schools and all of the educational work of the state, including 22 the operations of The University of the State of New York and the exer- 23 cise of all the functions of the education department, of The University 24 of the State of New York, of the regents of the university and of the 25 commissioner of education and the performance of all their powers and 26 duties, which were transferred to the education department [by section27three hundred twelve of the state departments law] or shall have been 28 prescribed by law before March sixteenth, nineteen hundred twenty-seven, 29 whether in terms vested in such department or university or in any sub- 30 department, division or bureau thereof or in such commissioner, board or 31 officer, and such functions, powers and duties shall continue to be 32 vested in the education department continued by this chapter and shall 33 continue to be exercised and performed therein by or through the appro- 34 priate officer, sub-department, division or bureau thereof, together 35 with such functions, powers and duties as hereafter may be conferred or 36 imposed upon such department by law. The education department shall also 37 establish an office of early education, which shall be tasked with coor- 38 dinating with the office of children and family services to ensure that 39 the implementation of funding for universal pre-K and 3-K for all 40 programs are phased in in a manner that complements and supports child 41 care providers within the state and provides equitable wages, benefits, 42 and working conditions for child care workers, pursuant to the guidance 43 established by the taskforce under section three hundred ninety-k of the 44 social services law. All the provisions of this chapter, in so far as 45 they are not inconsistent with the provisions of this chapter as hereby 46 amended or may be made applicable, shall apply to the education depart- 47 ment continued by this chapter as hereby amended and to The University 48 of the State of New York, the board of regents of the university, the 49 commissioner [of education] and to the divisions, bureaus and officers 50 in such department. The head of the department shall continue to be the 51 regents of The University of the State of New York, who shall appoint, 52 and at pleasure may remove, the commissioner [of education]. The 53 commissioner shall continue to be the chief administrative officer of 54 the department. The regents also may appoint and, at pleasure, remove a 55 deputy commissioner [of education], who shall perform such duties as the 56 regents may assign to him by rule and who, in the absence or disabilityA. 4815 14 1 of the commissioner or when a vacancy exists in the office of commis- 2 sioner, shall exercise and perform the functions, powers and duties 3 conferred or imposed on the commissioner by this chapter. The regents 4 of The University of the State of New York shall continue to constitute 5 a board and The University of the State of New York, which was continued 6 under such name by section two of article eleven of the constitution, 7 shall continue to be governed and all its corporate powers to be exer- 8 cised by such board. 9 § 21. Section 2 of chapter 493 of the laws of 2017 amending the social 10 services law relating to establishing a child care availability task- 11 force to evaluate the need for and availability of child care throughout 12 the state, as amended by chapter 797 of the laws of 2021, is amended to 13 read as follows: 14 § 2. This act shall take effect immediately and shall expire December 15 31, [2024] 2027 when upon such date the provisions of this act shall be 16 deemed repealed. 17 § 22. The state finance law is amended by adding three new sections 18 99-qq, 99-rr, and 99-ss to read as follows: 19 § 99-qq. Child care workforce stabilization fund. 1. There is hereby 20 established in the custody of the state comptroller and the commissioner 21 of taxation and finance a fund to be known as the child care workforce 22 stabilization fund. 23 2. Such fund shall consist of all moneys collected therefor or credit- 24 ed or transferred thereto from any other fund, account or source. Any 25 interest received by the comptroller on moneys on deposit in the child 26 care workforce stabilization fund shall be retained in and become a part 27 of such fund. 28 3. Moneys in the child care workforce stabilization fund, following 29 appropriation by the legislature, shall be utilized to directly raise 30 wages among participating programs as New York adjusts its reimbursement 31 rates to cover the true cost of child care, and to allow child care 32 providers to pay staff adequate wages and benefits at parity with public 33 school teachers as New York state restructures its economy to reflect 34 the true value of this important work. Such moneys shall be allocated 35 through agencies including, but not limited to, the office of children 36 and family services. 37 § 99-rr. Child care transitional reimbursement rate fund. 1. There 38 is hereby established in the custody of the state comptroller and the 39 commissioner of taxation and finance a fund to be known as the child 40 care transitional reimbursement rate fund. 41 2. Such fund shall consist of all moneys collected therefor or credit- 42 ed or transferred thereto from any other fund, account or source. Any 43 interest received by the comptroller on moneys on deposit in the child 44 care transitional reimbursement rate fund shall be retained in and 45 become a part of such fund. 46 3. Moneys in the child care transitional reimbursement rate fund, 47 following appropriation by the legislature, shall be utilized in a 48 manner that reflects a transitional reimbursement rate structure based 49 on the results of the forthcoming child care market rate survey or the 50 existing survey, whichever results in higher rates. Reimbursement rates 51 shall be set at the ninetieth percentile of market rates in each region 52 to ensure that per child amounts are sufficient to not disrupt the child 53 care sector during this transition from a market rate-based model to a 54 model based on the true cost of quality care. During the phase-in peri- 55 od, entry level staff shall be paid at least a living wage, with more 56 experienced staff compensated at a proportionately higher rate and withA. 4815 15 1 compensation progressively increasing over the course of the transition 2 period. Such moneys shall be allocated through agencies including, but 3 not limited to, the office of children and family services. 4 § 99-ss. Child care infrastructure development fund. 1. There is 5 hereby established in the custody of the state comptroller and the 6 commissioner of taxation and finance a fund to be known as the child 7 care infrastructure development fund. 8 2. Such fund shall consist of all moneys collected therefor or credit- 9 ed or transferred thereto from any other fund, account or source. Any 10 interest received by the comptroller on moneys on deposit in the child 11 care infrastructure development fund shall be retained in and become a 12 part of such fund. 13 3. Moneys in the child care infrastructure development fund, following 14 appropriation by the legislature, shall be used to build and develop 15 child care infrastructure in connection with existing public insti- 16 tutions such as public universities, public schools, and public housing. 17 § 23. The sum of five billion dollars ($5,000,000,000) is hereby 18 appropriated out of any moneys in the state treasury in the general fund 19 to the credit of the state purposes account, not otherwise appropriated, 20 and made immediately available as set forth herein. Such funds shall be 21 allocated as follows: 22 (a) Three billion dollars ($3,000,000,000) shall be allocated to guar- 23 antee access to child care subsidies to high-quality and culturally 24 responsive child care that meets the needs of all children, including 25 children with disabilities, those experiencing trauma, multilingual 26 learners, families who work non-traditional hours, and families experi- 27 encing homelessness or in transitional housing. Such moneys shall be 28 allocated through agencies including, but not limited to, the office of 29 children and family services. 30 (b) One billion dollars ($1,000,000,000) shall be allocated to the 31 child care workforce stabilization fund established pursuant to section 32 99-qq of the state finance law. 33 (c) Six hundred million dollars ($600,000,000) shall be allocated to 34 the child care transitional reimbursement rate fund pursuant to section 35 99-rr of the state finance law. 36 (d) Four hundred million dollars ($400,000,000) shall be allocated to 37 the child care infrastructure development fund pursuant to section 99-ss 38 of the state finance law. 39 § 24. This act shall take effect immediately; provided, however, that 40 the amendments to section 390-k of the social services law made by 41 section three of this act shall not affect the repeal of such section 42 and shall be deemed repealed therewith; provided, however, that the 43 amendments to subdivision 8 of section 410-w of the social services law 44 made by section ten of this act and the amendments to subdivision 6 of 45 section 410-x of the social services law made by section eleven of this 46 act shall not affect the expiration of such subdivisions and shall be 47 deemed to expire therewith; and provided, further, that the amendments 48 made to subdivision 1 of section 410 of the social services law made by 49 section thirteen of this act shall take effect on the same date and in 50 the same manner as chapter 694 of the laws of 2022, takes effect.
