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.
                                                                   LBD05105-01-3

        A. 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 availability
    19  of 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;

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     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;

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     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-
    12  mendations  in  accordance with subdivision three of this section to the
    13  governor, the speaker of the assembly and the temporary president of the
    14  senate no later than November first, two  thousand  twenty-two  and  its
    15  final  findings and recommendations no later than December thirty-first,
    16  two thousand twenty-three.
    17    (b) The taskforce shall also  report  on  the  implementation  of  any
    18  recommendations  that  resulted  from  the initial report required to be
    19  produced by the task force pursuant to subdivision four of chapter  four
    20  hundred  ninety-three  of the laws of two thousand seventeen. Such addi-
    21  tional report shall be provided annually, beginning July first two thou-
    22  sand 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. [Such
    54  information shall be available to the  public,  pursuant  to  procedures
    55  developed  by the department] The office of children and family services
    56  shall work with service providers and child care resource  and  referral

        A. 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.    Such
    30  care  may be provided only in cases where it is determined, under crite-
    31  ria established by the department, that there is a need therefor because
    32  of inability of the parents  to  provide  care  and  supervision  for  a
    33  substantial  part  of the day and that such care is in the best interest
    34  of the child and parent.  Where the family is able to pay part or all of
    35  the costs of such care, payment of such fees as may be reasonable in the
    36  light 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.

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     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  chapter

        A. 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  thousand
    37  dollars]  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 care

        A. 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 child

        A. 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 able
     7  to 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, [as
    46  follows:
    47    (a) a city social services district with a population in excess of one
    48  million  shall  be  allocated  a portion of such funds based on an equal
    49  weighting of:
    50    (i) its proportion of the state population of children aged  five  and
    51  under, and
    52    (ii)  its proportion of total claims for reimbursement received by the
    53  department by May thirty-first, nineteen hundred  eighty-eight  for  the
    54  low income, transitional and teen parent day care programs authorized by
    55  chapter 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-
     2  cated the remaining portion of funds based on  each  district's  propor-
     3  tionate  share  of licensed not-for-profit day care capacity relative to
     4  the 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, on
    16  historical costs and on the availability and cost of, and the need  for,
    17  child  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 reimbursement
    29  shall  be  limited  to the social services district's annual state block
    30  grant 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-
    43  ance is necessary: to enable a parent or caretaker relative to engage in
    44  work, participate in work activities  or  perform  a  community  service
    45  pursuant  to  title  nine-B of article five of this chapter; to enable a
    46  teenage parent to  attend  high  school  or  other  equivalent  training
    47  program;  because  the  parent  or  caretaker  relative is physically or
    48  mentally incapacitated; or because family duties away from home necessi-
    49  tate the parent or caretaker relative's absence; child day care shall be
    50  provided during breaks in activities, for a period of up to  two  weeks.
    51  Such child day care may be authorized for a period of up to one month if
    52  child  care arrangements shall be lost if not continued, and the program
    53  or employment is scheduled to begin within such period;
    54    (b) families with incomes up to  two  hundred  percent  of  the  state
    55  income  standard,  or three hundred percent of the state income standard
    56  effective August first,  two  thousand  twenty-two  who  are  attempting

        A. 4815                            11

     1  through work activities to transition off of public assistance when such
     2  child  care  is necessary in order to enable a parent or caretaker rela-
     3  tive to engage in work provided such  families'  public  assistance  has
     4  been terminated as a result of increased hours of or income from employ-
     5  ment  or  increased  income  from  child  support payments or the family
     6  voluntarily ended assistance; provided that the family  received  public
     7  assistance at least three of the six months preceding the month in which
     8  eligibility  for  such  assistance  terminated or ended or provided that
     9  such family has received child care assistance under subdivision four of
    10  this section; and provided, the family income does  not  exceed  eighty-
    11  five percent of the state median income;
    12    (c)  families  with  incomes  up  to  two hundred percent of the state
    13  income standard, or three hundred percent of the state  income  standard
    14  effective August first, two thousand twenty-two, which are determined in
    15  accordance  with  the  regulations  of  the  department to be at risk of
    16  becoming dependent on family assistance;  provided,  the  family  income
    17  does not exceed eighty-five percent of the state median income;
    18    (d)  families  with  incomes  up  to  two hundred percent of the state
    19  income standard, or three hundred percent of the state  income  standard
    20  effective  August  first,  two  thousand twenty-two, who are attending a
    21  post secondary educational program; provided, the family income does not
    22  exceed eighty-five percent of the state median income; and
    23    (e) other families with incomes up to two hundred percent of the state
    24  income standard, or three hundred percent of the state  income  standard
    25  effective  August  first,  two  thousand  twenty-two,  which  the social
    26  services district designates in its consolidated services plan as eligi-
    27  ble for child care assistance in accordance with criteria established by
    28  the department; provided, the family income does not exceed  eighty-five
    29  percent  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"
    38  means the most recent federal income official poverty line  (as  defined
    39  and  annually  revised  by  the federal office of management and budget)
    40  updated by the department for a family size of four and adjusted by  the
    41  department  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 hundred
    16  percent of the state income standard, or three hundred  percent  of  the
    17  state  income  standard effective August first, two thousand twenty-two,
    18  provided such persons are at or below eighty-five percent of  the  state
    19  median  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 income
    24  standard, or three hundred percent of the state income  standard  effec-
    25  tive August first, two thousand twenty-two, provided such persons are at
    26  or  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 [two
    32  hundred percent of the state income standard, or three  hundred  percent
    33  of  the state income standard effective August first, two thousand twen-
    34  ty-two, provided such persons are at or below eighty-five percent of the
    35  state 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  to

        A. 4815                            13

     1  households  having  incomes  up  to  two  hundred percent of the federal
     2  poverty 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  hundred
     8  dollars  for a new family day care provider or new group family day care
     9  provider, and one hundred thousand dollars for  a  new  child  day  care
    10  center.]  Child  care resource and referral agencies [may] shall receive
    11  family day care start up grants [not to exceed two thousand five hundred
    12  dollars 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  section
    27  three  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  disability

        A. 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  with

        A. 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.
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