S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4815
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "universal child care act".
   § 2. Legislative findings. The legislature hereby finds  and  declares
 that New York State's child care sector is facing an economic crisis. In
 2018,  the  legislature created a Child Care Availability Task Force. In
 2021, that Task Force issued its final report, finding that the  current
 crisis  "requires  a  dramatically different approach to child care: one
 that recognizes that high-quality child care is a public good  and  that
 provides the necessary public investment" to implement a system of high-
 quality  universal  child  care.  This  legislation  will  move New York
 towards such a dramatically new system, where  child  care  workers  are
 treated  with  dignity  and compensated generously as the educators that
 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
              

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 public  education system is free and available for all, where burdensome
 and ineffective means-testing requirements  are  ultimately  eliminated,
 where  public  investments are directed towards those most in need as we
 build out our important child care infrastructure, where families have a
 meaningful  ability  to  select  the modalities that work best for their
 children, where child care providers are not forced to  compete  against
 each other, where high-quality is ensured for all so that we do not have
 a  two-tiered child care system where the wealthy have high-quality care
 and the working poor have substandard care, where both federal and state
 funding is allocated generously, where the burden on localities is mini-
 mized, and where our child care system is truly universal.
   § 3. Section 390-k of the social services law, as added by chapter 493
 of the laws of 2017, subdivisions 2 and 4 as amended by chapter  797  of
 the laws of 2021 and subdivision 3 as amended by chapter 133 of the laws
 of 2022, is amended to read as follows:
   §  390-k.  Child care availability taskforce. 1. There shall be estab-
 lished within the office of children and family services  a  child  care
 taskforce  for  the purpose of [evaluating the need for and availability
 of child care throughout the state] GUIDING NEW YORK TOWARDS A SYSTEM OF
 FREE AND UNIVERSAL CHILD CARE.
   2. The taskforce shall be chaired by a representative of the executive
 chamber and the commissioners of  the  office  of  children  and  family
 services [and], the department of labor AND THE DEPARTMENT OF EDUCATION,
 or their designees. Members of the taskforce shall serve without compen-
 sation  for  three  year  terms,  but may be reimbursed for actual costs
 incurred  for  participation  on  such  taskforce.   Ensuring   adequate
 geographic,  racial  and ethnic representation, members of the taskforce
 shall be appointed by the governor and comprised as follows:
   (a) four individuals shall be appointed upon the recommendation of the
 speaker of the assembly, at least one of whom shall be a parent who  has
 utilized  subsidized  child  care  and  at  least one of whom shall be a
 parent who has utilized unsubsidized child care, from different  regions
 of the state;
   (b) four individuals shall be appointed upon the recommendation of the
 temporary  president  of  the  senate,  at  least one of whom shall be a
 parent who has utilized subsidized child care and at least one  of  whom
 shall be a parent who has utilized unsubsidized child care, from differ-
 ent regions of the state;
   (c)  one  individual shall be appointed upon the recommendation of the
 minority leader of the assembly;
   (d) one individual shall be appointed upon the recommendation  of  the
 minority leader of the senate;
   (e) two representatives of a child care resource and referral agency;
   (f)  a minimum of three and a maximum of four representatives of home-
 based child care providers;
   (g) a minimum of three  and  a  maximum  of  four  representatives  of
 center-based child care providers;
   (h) two representatives from the business community;
   (i)  two representatives from unions that represent child care provid-
 ers; and
   (j) at least one representative from each of the following entities:
   (i) the office of temporary and disability assistance;
   (ii) the council on children and families;
   (iii) the department of taxation and finance;
   (iv) a regional economic development council;
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   (v) the state university of New York or the  city  university  of  New
 York;
   (vi) the state education department;
   (vii) the early childhood advisory council;
   (viii) a social [service] SERVICES district or county government or an
 entity  that  advocates  on  behalf of social services or county govern-
 ments; and
   (ix) a non-profit child care advocacy organization.
   3. The taskforce shall:
   (a) examine the impact of the COVID-19 pandemic on child care  in  New
 York state;
   (b) advise the state in developing an implementation framework leading
 to  [a]  AN  EXPEDITIONS phased-in rollout of universal child care using
 existing state and federal resources;
   (c) recommend potential solutions,  partnerships,  or  other  ways  to
 address  chronic  child care workforce issues and other concerns identi-
 fied in the course of the examination required by this subdivision;
   (d) assess the implementation of policies supported by federally fund-
 ed programs through various stimulus packages; [and]
   (D-1) ADDRESS HOW TO IMPLEMENT A TRULY  UNIVERSAL  CHILD  CARE  SYSTEM
 THAT IS FREE AT THE POINT OF SERVICE FOR ALL FAMILIES AND DELIVERS HIGH-
 QUALITY  CHILD  CARE  TO ALL NEW YORKERS, WITH A FOUR-YEAR PHASE-IN THAT
 FOLLOWS PRIORITIES AND PRINCIPLES:  WHERE  EXPANSIONS  ARE  TARGETED  TO
 FIRST  COVER  LOW-INCOME  FAMILIES, HISTORICALLY UNDERSERVED COMMUNITIES
 AND FAMILIES FACING COMPLEX NEEDS, INCLUDING CHILDREN WITH  DISABILITIES
 AND  CHILD  WELFARE  INVOLVEMENT;  WHERE  WORK  REQUIREMENTS, ACTIVITIES
 TESTS, AND IMMIGRATION STATUS REQUIREMENTS FOR LOW-INCOME  FAMILIES  ARE
 ALL  ELIMINATED;  WHERE THE PHASE-IN TAKES ALL REASONABLE STEPS TO AVOID
 BENEFITS' CLIFFS; WHERE REASONABLE STEPS  ARE  TAKEN  TO  GUARD  AGAINST
 INCREASES IN COSTS FOR MIDDLE-INCOME FAMILIES; AND WHERE THE ROLL-OUT OF
 UNIVERSAL  CHILD  CARE  IS  COORDINATED WITH THE EXPANSIONS TO UNIVERSAL
 PRE-K AND 3-K FOR ALL PROGRAMS SO THAT SUCH PROGRAMS DO NOT CAUSE  UNIN-
 TENTIONAL HARM TO CHILD CARE PROVIDERS;
   (D-2)  ADDRESS  HOW  TO ELIMINATE THE BARRIERS FAMILIES ELIGIBLE UNDER
 STATE LAW FACE OBTAINING OR UTILIZING SUBSIDIES;
   (D-3) ENSURE THE AVAILABILITY OF CHILD CARE FOR  NON-TRADITIONAL  WORK
 HOURS,  AND IDENTIFICATION OF THE FUNDING THAT WOULD BE NEEDED TO EXPAND
 FACILITIES THAT COVER SUCH NON-TRADITIONAL WORK HOURS;
   (D-4) ADDRESS THE EXISTENCE OF  ILLEGAL  AND  UNREGULATED  CHILD  CARE
 PROVIDERS,  THE  LABOR  CONDITIONS  OF EMPLOYEES AT SUCH FACILITIES, AND
 REGULATORY RECOMMENDATIONS FOR APPROACHING SUCH PROVIDERS;
   (D-5) PROVIDE DISPARITIES IN THE QUALITY OF  CHILD  CARE  PROVIDED  TO
 FAMILIES  OF  DIFFERENT  ECONOMIC BACKGROUNDS, AND THE FUNDING NEEDED TO
 PROVIDE HIGH-QUALITY CHILD CARE FOR ALL;
   (D-6) LAYOUT THE FACTORS CONTRIBUTING TO THE SUCCESS  OF  IMPLEMENTING
 UNIVERSAL  PRE-K  PROGRAMS  IN THE STATE AND THE UNINTENDED CONSEQUENCES
 IMPACTING CHILD CARE PROVIDERS, PARTICULARLY FAMILY-BASED PROVIDERS,  IN
 THE STATE, TOGETHER WITH RECOMMENDATIONS;
   (D-7)  ADDRESS  HOW  TO  IMPLEMENT  FEDERAL FUNDING FOR CHILD CARE AND
 UNIVERSAL PRE-K IN A WAY THAT MAXIMIZES FEDERAL  APPROPRIATIONS,  ALLOWS
 THE  STATE  TO  ACHIEVE  AND  FUND  A MORE EXPANSIVE PROGRAM THAT IS NOT
 RESTRICTED BY NARROW  AND  RESTRICTIVE  MEANS-TESTING  REQUIREMENTS  AND
 IMPLEMENTS UNIVERSAL PRE-K FUNDING IN A MANNER WHERE THE STATE EDUCATION
 DEPARTMENT  AND THE OFFICE OF CHILDREN AND FAMILY SERVICES COORDINATE SO
 THAT SUCH FUNDING IS ALLOCATED IN A MANNER THAT SUPPORTS AND EXPANDS THE
 STATE'S CHILD CARE PROVIDERS, RATHER THAN HARMING EXISTING PROGRAMS;
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   (D-8) ENSURE AN EXPEDITIOUS PHASED-IN ROLLOUT OF UNIVERSAL CHILD  CARE
 USING  EXISTING STATE AND FEDERAL RESOURCES, IN NO MORE THAN FOUR YEARS,
 WITH AN EMPHASIS ON BUILDING OUT NECESSARY INFRASTRUCTURE AND  PROVIDING
 CARE  FOR  THOSE  MOST  IN  NEED WHILE WE MOVE TOWARDS A TRULY UNIVERSAL
 SYSTEM;
   (D-9)  RECOMMEND HOW BEST TO PHASE IN THE ESTABLISHMENT OF A PERMANENT
 DEPARTMENT OF EARLY EDUCATION AND CARE, WHICH SHALL POSSESS  THE  DUTIES
 REQUIRED  TO MAINTAIN AND ADMINISTER THE FREE AND HIGH-QUALITY UNIVERSAL
 CHILD CARE SYSTEM PURSUANT TO THE RECOMMENDATIONS OF THE TASKFORCE; AND
   (e) anything else the taskforce deems necessary.
   4. [(a)] The taskforce shall report [its interim findings  and  recom-
 mendations  in  accordance with subdivision three of this section to the
 governor, the speaker of the assembly and the temporary president of the
 senate no later than November first, two  thousand  twenty-two  and  its
 final  findings and recommendations no later than December thirty-first,
 two thousand twenty-three.
   (b) The taskforce shall also  report  on  the  implementation  of  any
 recommendations  that  resulted  from  the initial report required to be
 produced by the task force pursuant to subdivision four of chapter  four
 hundred  ninety-three  of the laws of two thousand seventeen. Such addi-
 tional report shall be provided annually, beginning July first two thou-
 sand twenty-two] A FOUR-YEAR PLAN FOR A  PHASED  ROLL-OUT  OF  UNIVERSAL
 CHILD  CARE  IN  THE STATE, AND MAKE ANNUAL RECOMMENDATIONS, STARTING IN
 NOVEMBER FIRST, TWO THOUSAND TWENTY-THREE  THROUGH  NOVEMBER  THIRTIETH,
 TWO  THOUSAND  TWENTY-FOUR, FOR SPECIFIC APPROPRIATIONS FOR BUDGET ALLO-
 CATIONS THAT WOULD ALLOW FOR A  TRULY  FREE  AND  UNIVERSAL  CHILD  CARE
 SYSTEM, INCLUDING, BUT NOT LIMITED TO: (A) WAGE INCREASES FOR CHILD CARE
 WORKERS  THAT ALLOW THEM TO ACHIEVE PAY PARITY WITH PUBLIC SCHOOL TEACH-
 ERS; (B) CAPITAL EXPENDITURES TO ALLOW FOR THE EXPANSION OF  CHILD  CARE
 INFRASTRUCTURE  INTO  COMMUNITIES MOST IN NEED; AND (C) STARTUP FUNDS TO
 ALLOW FOR THE CREATION OF NEW CHILD CARE PROGRAMS IN CHILD CARE DESERTS.
 SUCH RECOMMENDATIONS  SHALL  INCLUDE  RECOMMENDATIONS  TO  IDENTIFY  ALL
 REASONABLE  MEANS OF MAXIMIZING THE ALLOCATION OF FEDERAL FUNDS, AS WELL
 AS SUPPLEMENTAL FUNDING FROM THE STATE THAT WOULD ALLOW FOR A TRULY FREE
 AND UNIVERSAL CHILD CARE SYSTEM. THE TASKFORCE REPORT SHALL FURTHER MAKE
 RECOMMENDATIONS FOR THE INTEGRATION OF CHILD CARE PROGRAMS INTO EXISTING
 PUBLIC PROGRAMS, SUCH AS PUBLIC SCHOOLS, PUBLIC UNIVERSITIES, AND PUBLIC
 HOUSING, TO DELIVER HIGH-QUALITY CHILD CARE TO  ALL  NEW  YORKERS.  SUCH
 RECOMMENDATIONS  SHALL  BE BASED ON WHAT IS NEEDED TO ACTUALLY ACHIEVE A
 HIGH-QUALITY UNIVERSAL CHILD CARE SYSTEM IN THE STATE,  AND  WHAT  ADDI-
 TIONAL  FUNDING  WOULD  BE  NEEDED  FROM THE STATE TO ACHIEVE THAT GOAL.
 EACH YEAR, FOLLOWING THE ANNUAL STATE BUDGET, THE TASKFORCE  SHALL  ALSO
 PROVIDE  A SCORE CARD STATING HOW CLOSE NEW YORK HAS COME TO ACHIEVING A
 HIGH-QUALITY UNIVERSAL CHILD CARE SYSTEM, PROVIDED, HOWEVER,  THAT  TASK
 FORCE  MEMBERS  WHO ARE EMPLOYEES OF THE GOVERNOR'S OFFICE AND THE STATE
 LEGISLATURE SHALL RECUSE THEMSELVES FROM SUCH RATING PROCESS. THE  TASK-
 FORCE SHALL REPORT ITS FINDINGS ANNUALLY.
   § 4. Subdivision 8 of section 390 of the social services law, as added
 by chapter 750 of the laws of 1990, is amended to read as follows:
   8.  The  [department]  OFFICE  OF  CHILDREN  AND FAMILY SERVICES shall
 establish and maintain a list of all  current  registered  and  licensed
 child  day  care  programs  and  a list of all programs whose license or
 registration has been revoked, rejected, terminated, or suspended. [Such
 information shall be available to the  public,  pursuant  to  procedures
 developed  by the department] THE OFFICE OF CHILDREN AND FAMILY SERVICES
 SHALL WORK WITH SERVICE PROVIDERS AND CHILD CARE RESOURCE  AND  REFERRAL
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 AGENCIES  THROUGHOUT THE STATE TO GATHER INFORMATION TO CREATE AND MAIN-
 TAIN A PUBLICLY-SEARCHABLE, USER-FRIENDLY, AND LANGUAGE-ACCESSIBLE DATA-
 BASE OF AVAILABLE CHILD CARE FACILITIES ON THE OFFICE'S WEBSITE AND ON A
 COMPANION  PHONE  APPLICATION.    SUCH DATABASE SHALL BE UPDATED IN REAL
 TIME AND SHALL PROVIDE AND BE SEARCHABLE BY THE FOLLOWING INFORMATION:
   (A) THE NAME AND ADDRESS OF THE FACILITY;
   (B) THE CAPACITY OF THE FACILITY;
   (C) WHETHER THE FACILITY IS FULLY ENROLLED OR HAS CURRENT  AVAILABILI-
 TY, WITH THE AVAILABLE CAPACITY SPECIFIED BY AGE GROUP;
   (D)  WHETHER  THE  FACILITY  HAS A WAITING LIST FOR WHICH A FAMILY CAN
 APPLY;
   (E) THE AGE RANGE ALLOWABLE FOR THE FACILITY;
   (F) THE MODALITY FOR THE FACILITY;
   (G) THE OPERATING HOURS FOR THE FACILITY;
   (H) THE LANGUAGE OR LANGUAGES SPOKEN AT THE FACILITY; AND
   (I) WHETHER THE FACILITY HAS BEEN CITED FOR ANY VIOLATIONS,  WITH  ANY
 SUCH  VIOLATIONS  SEPARATED INTO "DANGEROUS" AND "NON-DANGEROUS" CATEGO-
 RIES, AND PROMINENT NOTICES INDICATING WHETHER ANY SUCH VIOLATIONS  HAVE
 BEEN CURED OR ADDRESSED.
   THE  OFFICE  OF CHILDREN AND FAMILY SERVICES SHALL PROVIDE INFORMATION
 ON ITS WEBSITE IN ENGLISH, FRENCH, POLISH, AND THE TEN MOST COMMON  NON-
 ENGLISH LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY
 IN THE STATE, BASED ON UNITED STATES CENSUS DATA.
   § 5. Subdivision 1 of section 410 of the social services law, as added
 by chapter 395 of the laws of 1965, is amended to read as follows:
   1. A public welfare official of a county, city or town is [authorized]
 OBLIGATED,  provided funds have been made available therefor, to provide
 day care at public expense for children residing in his OR HER territory
 [who are eligible therefor pursuant to provisions of this title.    Such
 care  may be provided only in cases where it is determined, under crite-
 ria established by the department, that there is a need therefor because
 of inability of the parents  to  provide  care  and  supervision  for  a
 substantial  part  of the day and that such care is in the best interest
 of the child and parent.  Where the family is able to pay part or all of
 the costs of such care, payment of such fees as may be reasonable in the
 light of such ability shall be required] WITH THE AIM OF PROVIDING  FREE
 AND UNIVERSAL CHILD CARE FOR ALL FAMILIES WITHIN SUCH TERRITORY.
   §  6.  Subdivision  2  of section 410-b of the social services law, as
 added by chapter 395 of the laws of 1965 and such section as  renumbered
 by  chapter  640 of the laws of 1971, is amended and a new subdivision 5
 is added to read as follows:
   2. The [department of social welfare] OFFICE OF  CHILDREN  AND  FAMILY
 SERVICES  is  hereby designated and empowered to act as the agent of the
 state in carrying out the  provisions  of  any  such  federal  law  with
 respect  to  such  day care facilities in this state. IN EXERCISING THIS
 DUTY AS AGENT OF THE STATE, THE OFFICE OF CHILDREN AND  FAMILY  SERVICES
 SHALL  SEEK  TO  OBTAIN ANY WAIVERS OR PERMISSIONS FROM FEDERAL AGENCIES
 NECESSARY AND PROPER TO ALLOW THE STATE AND ITS VARIOUS SUBDIVISIONS  TO
 IMPLEMENT A CHILD CARE SYSTEM THAT IS UNIVERSAL AND FREE AT THE POINT OF
 SERVICE,  NOTWITHSTANDING THAT THE STATE'S CHILD CARE SYSTEM MAY BE MORE
 EXPANSIVE THAN WHAT IS BEING REIMBURSED WITH FEDERAL FUNDS.
   5. TO THE EXTENT THAT FEDERAL FUNDS ARE OFFERED FOR CHILD CARE AND ARE
 CONTINGENT ON MATCHING FUNDS FROM THE STATE, THE STATE  SHALL  MAKE  ALL
 REASONABLE EFFORTS TO MAXIMIZE THE ALLOCATION OF FEDERAL FUNDS BY MAKING
 SUFFICIENT STATE-LEVEL APPROPRIATIONS.
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   §  7.  Subdivisions  5,  6,  7  and  8  of section 410-x of the social
 services law are renumbered subdivisions 6, 7, 8 and 9 and a new  subdi-
 vision 5 is added to read as follows:
   5.  (A)  FOR  EACH  GROUP  FOR WHICH THE OFFICE OF CHILDREN AND FAMILY
 SERVICES DETERMINES A SEPARATE PAYMENT RATE PURSUANT TO SUBDIVISION FOUR
 OF THIS SECTION, AND AT THE SAME FREQUENCY, SUCH OFFICE SHALL UTILIZE  A
 COST  ESTIMATION MODEL TO DETERMINE THE ACTUAL COST PROVIDERS INCUR WHEN
 PROVIDING HIGH-QUALITY CHILD CARE. THE COST ESTIMATION MODEL SHALL IDEN-
 TIFY AND TAKE INTO ACCOUNT COST DRIVERS INCLUDING  BUT  NOT  LIMITED  TO
 EMPLOYEE  SALARY  AND  BENEFITS,  ENROLLMENT  LEVELS, FACILITY COSTS AND
 COMPLIANCE WITH STATUTORY AND REGULATORY REQUIREMENTS. WHERE  A  QUALITY
 RATING  SYSTEM  OR  ANY  QUALITY INDICATORS ARE BEING UTILIZED, THE COST
 ESTIMATION MODEL SHALL ALSO TAKE INTO  ACCOUNT  THE  COST  OF  PROVIDING
 SERVICES AT EACH LEVEL OF QUALITY.
   (B)  IN  DEVELOPING  SUCH  MODEL  THE  OFFICE  OF  CHILDREN AND FAMILY
 SERVICES SHALL CONSULT WITH STAKEHOLDERS INCLUDING, BUT NOT LIMITED  TO,
 REPRESENTATIVES OF CHILD CARE RESOURCE AND REFERRAL AGENCIES, CHILD CARE
 PROVIDERS,  LABOR  LEADERS  FOR ANY LABOR UNIONS REPRESENTING CHILD CARE
 WORKERS IN THE STATE, AND ANY STATE ADVISORY COUNCIL ESTABLISHED  PURSU-
 ANT  TO  42  U.S.C.S.  §  9831 ET. SEQ., AS AMENDED. THE COST ESTIMATION
 MODEL SHALL BE STATISTICALLY VALID, USING COMPLETE AND CURRENT DATA  AND
 RIGOROUS  COLLECTION  METHODS.  THE  COST ESTIMATION MODEL SHALL FURTHER
 ACCOUNT FOR BIASES IN REPORTED DATA THAT TEND TO UNDERESTIMATE THE  COST
 OF CARE, AND SHALL MAKE APPROPRIATE ADJUSTMENTS.
   §  8. Section 410-z of the social services law, as added by section 52
 of part B of chapter 436 of the laws of 1997,  is  amended  to  read  as
 follows:
   §  410-z.  Reporting  requirements.  1.  Each social services district
 shall collect and submit to the  [department]  OFFICE  OF  CHILDREN  AND
 FAMILY  SERVICES,  in  such  form and at such times as  specified by the
 [department] OFFICE OF CHILDREN  AND  FAMILY  SERVICES,  such  data  and
 information  regarding  child   care assistance provided under the block
 grant as the [department] OFFICE OF CHILDREN  AND  FAMILY  SERVICES  may
 need to comply with federal reporting requirements.
   2.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PREPARE A REPORT
 DETAILING THE ACTUAL COST PROVIDERS INCUR WHEN PROVIDING CHILD  CARE  IN
 EACH  SETTING, AS DETERMINED BY THE COST ESTIMATION MODEL ESTABLISHED IN
 PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED TEN-X OF  THIS
 TITLE.  THE  REPORT  SHALL DETAIL COST DATA FOR EACH SETTING, AGE GROUP,
 CARE PROVIDED TO CHILDREN WITH SPECIAL NEEDS, AND ANY OTHER GROUPING FOR
 WHICH A SEPARATE COST ESTIMATION IS CONDUCTED. SUCH DATA SHALL INCLUDE:
   (A) THE LEVEL OF QUALITY CARE AS DETERMINED BY A QUALITY RATING SYSTEM
 OR ANY QUALITY INDICATORS UTILIZED BY THE STATE;
   (B) A DESCRIPTION OF THE MAJOR COST DRIVERS FOR PROVIDING CARE; AND
   (C) A COMPARISON OF THE COSTS OF CHILD CARE FOR EACH GROUPING  TO  THE
 MARKET  RATE  DETERMINED  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES
 PURSUANT TO SUBDIVISION FOUR OF  SECTION  FOUR  HUNDRED  TEN-X  OF  THIS
 TITLE.
   THE  REPORT  SHALL  BE  SUBMITTED  TO THE GOVERNOR, THE SPEAKER OF THE
 ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE BY  JUNE  FIRST,  TWO
 THOUSAND  TWENTY-FIVE AND JUNE FIRST OF EVERY OTHER YEAR THEREAFTER. THE
 OFFICE OF CHILDREN  AND  FAMILY  SERVICES  SHALL  POST  THE  INFORMATION
 CONTAINED IN THE REPORT ON ITS WEBSITE.
   § 9. Subdivision 1 and paragraph (b) of subdivision 5 of section 410-c
 of  the  social  services law, subdivision 1 as added by chapter 1014 of
 the laws of 1969, paragraph (a) of subdivision 1 as amended  by  chapter
 A. 4815                             7
 
 110  of  the laws of 1971, and paragraph (b) of subdivision 5 as amended
 by chapter 277 of the laws of 1990, and such section  as  renumbered  by
 chapter 640 of the laws of 1971, are amended to read as follows:
   1.  (a)  Expenditures made by counties, cities, and towns for day care
 and its administration, and day care center projects,  pursuant  to  the
 provisions  of  this  title,  shall,  if  approved by the department, be
 subject to reimbursement by the state,  in  accordance  with  the  regu-
 lations of the department, as follows: There shall be paid to each coun-
 ty,  city  or  town  (1)  the  amount of federal funds, if any, properly
 received or to be received on account of such expenditures; (2)  [fifty]
 NINETY  per  centum  of  its  expenditures for day care and its adminis-
 tration and day care center projects, after  first  deducting  therefrom
 any federal funds received or to be received on account thereof, and any
 expenditures  defrayed  by  fees  paid  by  parents  or by other private
 contributions.
   (b) For the purpose of this title, expenditures for administration  of
 day  care  shall  include  expenditures for compensation of employees in
 connection with the furnishing of day care, including but not limited to
 costs incurred for pensions, federal old age and survivors insurance and
 health insurance for such employees; training  programs  for  personnel,
 operation,  maintenance  and  service costs; and such other expenditures
 such as equipment costs, depreciation and charges and rental  values  as
 may  be  approved by the department. It [shall not] MAY include expendi-
 tures for capital costs IN APPROPRIATE CASES AT THE  DISCRETION  OF  THE
 DEPARTMENT,  PROVIDED  THAT  CAPITAL COSTS ARE PRIORITIZED IN AREAS THAT
 ARE CATEGORIZED AS CHILD CARE DESERTS. In the case of day care purchased
 from a non-profit corporation constituting an eligible borrower pursuant
 to title five-a of this article, expenditures shall include an allocable
 proportion of all operating costs of such facility as may be approved by
 the department including but not limited to the expenditures  enumerated
 in  this paragraph [(b)] and expenditures for amortization, interest and
 other financing costs of any  mortgage  loan  made  to  such  non-profit
 corporation.
   (b)  The  commissioner  shall,  within  appropriations  made available
 therefor, select proposed school age child day care programs which shall
 be eligible to receive an award [of no more  than  twenty-five  thousand
 dollars]  for  start  up or expansion costs, including planning, rental,
 operational and equipment costs,  or  minor  renovations  identified  as
 being necessary in order for the program to comply with applicable state
 or  local  building,  fire safety or licensing standards, based on plans
 submitted to him. The commissioner shall give preference to those  areas
 of  the state which are significantly underserved by existing school age
 child day care programs and to those programs which involve  parents  in
 the  development  and implementation of programs. The commissioner shall
 publicize this availability of funds to be used  for  purposes  of  this
 subdivision  in  awarding grants. Plans may be submitted by private not-
 for-profit corporations, organizations or governmental subdivisions.
   § 10. Subdivision 8 of section 410-w of the social  services  law,  as
 amended  by  section  1  of part Z of chapter 56 of the laws of 2021, is
 amended to read as follows:
   8. Notwithstanding any other provision of law, rule or regulations  to
 the  contrary,  a social services district that implements a plan amend-
 ment to the child care portion of its child and  family  services  plan,
 either  as  part  of  an  annual plan update, or through a separate plan
 amendment process, where such  amendment  reduces  eligibility  for,  or
 increases  the family share percentage of, families receiving child care
 A. 4815                             8

 services, or that implements the process for closing child care cases as
 set forth in the district's approved child and family services plan, due
 to the district determining that it cannot maintain its current caseload
 because  all  of the available funds are projected to be needed for open
 cases, shall provide all  families  whose  eligibility  for  child  care
 assistance  or  family  share percentage will be impacted by such action
 with at least thirty days prior written notice of the action.  Provided,
 however, that a family receiving assistance pursuant to this title shall
 not  be required to contribute more than WHAT IS REQUIRED BY FEDERAL LAW
 OR ten percent of their income  exceeding  the  federal  poverty  level,
 WHICHEVER  IS LOWER, AND THAT SUCH COST SHALL BE COVERED ENTIRELY BY THE
 STATE.
   § 11. Subdivision 6 of section 410-x of the social  services  law,  as
 amended  by  section  2  of part Z of chapter 56 of the laws of 2021, is
 amended to read as follows:
   6. Pursuant to department regulations, child care assistance shall  be
 provided  on a sliding fee basis based upon the family's ability to pay;
 provided, however, that a family receiving assistance pursuant  to  this
 title  shall not be required to contribute more than WHAT IS REQUIRED BY
 FEDERAL LAW OR ten percent of their income exceeding the federal poverty
 level, WHICHEVER IS LOWER, AND THAT SUCH COST SHALL BE COVERED  ENTIRELY
 BY THE STATE.
   §  12. Section 410-x of the social services law is amended by adding a
 new subdivision 9 to read as follows:
   9. A SOCIAL SERVICES DISTRICT  SHALL  ESTABLISH  DIFFERENTIAL  PAYMENT
 RATES  FOR  CHILD  CARE  SERVICES  PROVIDED  BY  LICENSED, REGISTERED OR
 ENROLLED CHILD CARE PROVIDERS AS REQUIRED BY THIS SUBDIVISION.
   (A) LOCAL SOCIAL SERVICES DISTRICTS  SHALL  ESTABLISH  A  DIFFERENTIAL
 PAYMENT  RATE FOR CHILD CARE SERVICES PROVIDED BY LICENSED OR REGISTERED
 CHILD CARE PROVIDERS WHO PROVIDE CARE TO A CHILD OR CHILDREN  EXPERIENC-
 ING HOMELESSNESS. SUCH DIFFERENTIAL PAYMENT RATE SHALL BE TWENTY PERCENT
 HIGHER  THAN  THE  ACTUAL  COST OF CARE OR THE APPLICABLE MARKET-RELATED
 PAYMENT RATE ESTABLISHED BY THE OFFICE OF CHILDREN AND  FAMILY  SERVICES
 IN REGULATIONS, WHICHEVER IS LESS.
   (B)  LOCAL  SOCIAL  SERVICES  DISTRICTS SHALL ESTABLISH A DIFFERENTIAL
 PAYMENT RATE FOR CHILD CARE SERVICES PROVIDED BY  LICENSED,  REGISTERED,
 OR  ENROLLED  CHILD  CARE  PROVIDERS  WHO PROVIDE CARE TO A CHILD DURING
 NONTRADITIONAL HOURS. "NONTRADITIONAL HOURS" SHALL MEAN CARE PROVIDED IN
 THE EVENING, NIGHT, OR ON THE WEEKEND. SUCH  DIFFERENTIAL  PAYMENT  RATE
 SHALL  BE  TWENTY  PERCENT  HIGHER  THAN  THE ACTUAL COST OF CARE OR THE
 APPLICABLE MARKET-RELATED PAYMENT RATE  ESTABLISHED  BY  THE  OFFICE  OF
 CHILDREN AND FAMILY SERVICES IN REGULATIONS, WHICHEVER IS LESS.
   (C)  THE COST OF THE DIFFERENTIAL PAYMENT RATES ESTABLISHED UNDER THIS
 SUBDIVISION SHALL BE COVERED BY THE STATE.
   § 13. Subdivision 1 of section 410 of  the  social  services  law,  as
 amended  by  chapter  694  of  the  laws  of 2022, is amended to read as
 follows:
   1. A public welfare official of a county, city or town [is authorized]
 SHALL, provided funds have been made available therefor, [to]  AND  WITH
 THE  STATE  MAKING  ALL REASONABLE EFFORTS TO OBTAIN FEDERAL FUNDING AND
 SUPPLEMENTING THOSE AMOUNTS WITH ADDITIONAL STATE FUNDING,  provide  day
 care at public expense for children residing in his OR HER territory who
 are  eligible  therefor  pursuant to provisions of this title. Such care
 [may] SHALL be provided [only in cases where it  is  determined,]  under
 criteria established by the office of children and family services, that
 there  is a need and that such care is in the best interest of the child
 A. 4815                             9
 
 and parent; provided however that the public welfare official shall  not
 [be  required to] limit authorized child care services strictly based on
 the work, training, or educational schedule of the parents or the number
 of hours the parents spend in work, training, or educational activities,
 NOR  SHALL  THE  PUBLIC  WELFARE  OFFICIAL  LIMIT  AUTHORIZED CHILD CARE
 SERVICES BASED ON PROOF OF IMMIGRATION STATUS. Where the family [is able
 to pay part or all of the costs of such care] INCOME IS  MORE  THAN  ONE
 THOUSAND  PERCENT  OF  THE  POVERTY LINE, payment of such fees as may be
 reasonable in the light of such ability [shall] MAY be required  TO  THE
 EXTENT  NECESSARY  AS THE STATE TRANSITIONS TO A SYSTEM THAT IS FREE AND
 UNIVERSAL. TO THE EXTENT THERE ARE  INSUFFICIENT  FUNDS  TO  IMMEDIATELY
 SERVE  ALL  FAMILIES,  THE  STATE  SHALL  MAKE ALL REASONABLE EFFORTS TO
 INCREMENTALLY EXPAND TO UNIVERSAL ACCESS OVER A PERIOD  OF  FOUR  YEARS,
 PURSUANT  TO  THE  PHASE-IN PRIORITIES AND PRINCIPLES RECOMMENDED BY THE
 TASKFORCE UNDER SECTION THREE HUNDRED NINETY-K OF THIS ARTICLE.
   § 14. Paragraph (b) of subdivision 3 of  section  410  of  the  social
 services law is REPEALED and paragraphs (c) and (d) are relettered para-
 graphs (b) and (c).
   §  15.  Subdivisions  1 and 2 of section 410-bb of the social services
 law, subdivision 1 as added by chapter 503 of the laws of 1988, subdivi-
 sion 2 as amended by chapter 659 of the laws of  1988,  are  amended  to
 read as follows:
   1.  The  legislature  finds  and  declares that a crisis exists in the
 availability and quality of child day care in New York  state  and  that
 this  crisis  poses a danger both to the welfare and safety of the chil-
 dren and to the productivity of this state's workforce; that  inadequate
 salaries  and  in  many cases nonexistent benefit packages have substan-
 tially contributed to the existing crisis by precluding day care centers
 from recruiting and retaining necessary teaching and supervisory  staff;
 that  an  extremely  high turnover rate has interfered in many instances
 with the ability of day care centers to comply with regulatory  require-
 ments and to properly serve the children in their care; and that because
 of  these  extraordinary circumstances New York state must intervene and
 provide assistance for recruitment and retention of child care  workers,
 WITH THE GOAL OF CREATING A FREE AND UNIVERSAL CHILD CARE SYSTEM THAT IS
 AVAILABLE  TO ALL, IN THE SAME MANNER AS THE PUBLIC SCHOOL SYSTEM, WITH-
 OUT THE BURDENS OF MEANS-TESTING.  The  legislature  recognizes  that  a
 long-term solution to this crisis will require cooperative efforts among
 [the  business  community, local and state governments and families] ALL
 NEW YORKERS.
   2.  Within  amounts  appropriated  specifically  therefor,  and  after
 deducting  funds  as specified in subdivision three of this section, the
 commissioner shall allocate funds to local social services districts for
 grants to [eligible not-for-profit day care centers] CHILD CARE  PROVID-
 ERS for retention and recruitment of teaching and supervisory staff, [as
 follows:
   (a) a city social services district with a population in excess of one
 million  shall  be  allocated  a portion of such funds based on an equal
 weighting of:
   (i) its proportion of the state population of children aged  five  and
 under, and
   (ii)  its proportion of total claims for reimbursement received by the
 department by May thirty-first, nineteen hundred  eighty-eight  for  the
 low income, transitional and teen parent day care programs authorized by
 chapter fifty-three of the laws of nineteen hundred eighty-seven.
 A. 4815                            10

   (b)  all other eligible local social services districts shall be allo-
 cated the remaining portion of funds based on  each  district's  propor-
 tionate  share  of licensed not-for-profit day care capacity relative to
 the total capacity of all such other eligible districts] WITH THE AIM OF
 PROVIDING  STAFF WITH SALARY AND BENEFITS THAT IS AT PARITY WITH THAT OF
 LOCAL PUBLIC SCHOOL TEACHERS IN THE RELEVANT AREA.
   § 16. Subdivisions 1 and 2 of section 410-v  of  the  social  services
 law,  subdivision  1  as added by section 52 of part B of chapter 436 of
 the laws of 1997, subdivision 2 as amended by chapter 214 of the laws of
 1998, are amended to read as follows:
   1. The part of the block GRANT that is determined to be  available  to
 social services districts for child care assistance shall be apportioned
 among  the  social  services districts by the department according to an
 allocation plan developed by the department and approved by the director
 of the budget. The allocation plan shall [be based, at least in part, on
 historical costs and on the availability and cost of, and the need  for,
 child  care  assistance in each social services district] AIM TO PROVIDE
 UNIVERSAL AND FREE CHILD CARE ON A STATEWIDE BASIS.  Annual  allocations
 shall   be made on a federal fiscal year basis AND SHALL INCORPORATE THE
 ANNUAL RECOMMENDATIONS OF THE CHILD  CARE  TASKFORCE  ESTABLISHED  UNDER
 SECTION THREE HUNDRED NINETY-K OF THIS ARTICLE.
   2.  Reimbursement  under the block grant to a social services district
 for its expenditures for child care assistance shall  be  available  for
 [seventy-five]  NINETY  percent of the district's expenditures for child
 care assistance provided to those families in receipt of public  assist-
 ance  which  are eligible for child care assistance under this title and
 for one hundred percent of the social services  district's  expenditures
 for other eligible families[; provided, however, that such reimbursement
 shall  be  limited  to the social services district's annual state block
 grant allocation]. TO THE EXTENT THAT  FAMILIES  ARE  NOT  ELIGIBLE  FOR
 FUNDING  PURSUANT TO THIS PROVISION, THE STATE SHALL MAKE ALL REASONABLE
 EFFORTS TO ENSURE THAT FAMILIES NOT ELIGIBLE FOR FEDERALLY-FUNDED  CHILD
 CARE HAVE ACCESS, PHASED-IN OVER A PERIOD OF FOUR YEARS, PURSUANT TO THE
 PHASE-IN  PRIORITIES  AND  PRINCIPLES RECOMMENDED BY THE TASKFORCE UNDER
 SECTION THREE HUNDRED NINETY-K OF THIS ARTICLE.
   § 17. Subdivisions 1 and 2 of section 410-w  of  the  social  services
 law,  subdivision  1  as amended by section 2 of part L of chapter 56 of
 the laws of 2022 and subdivision 2 as amended by chapter 569 of the laws
 of 2001, are amended to read as follows:
   1. A social services district may use the funds allocated to  it  from
 the block grant to provide child care assistance to[:
   (a)  families receiving public assistance when such child care assist-
 ance is necessary: to enable a parent or caretaker relative to engage in
 work, participate in work activities  or  perform  a  community  service
 pursuant  to  title  nine-B of article five of this chapter; to enable a
 teenage parent to  attend  high  school  or  other  equivalent  training
 program;  because  the  parent  or  caretaker  relative is physically or
 mentally incapacitated; or because family duties away from home necessi-
 tate the parent or caretaker relative's absence; child day care shall be
 provided during breaks in activities, for a period of up to  two  weeks.
 Such child day care may be authorized for a period of up to one month if
 child  care arrangements shall be lost if not continued, and the program
 or employment is scheduled to begin within such period;
   (b) families with incomes up to  two  hundred  percent  of  the  state
 income  standard,  or three hundred percent of the state income standard
 effective August first,  two  thousand  twenty-two  who  are  attempting
 A. 4815                            11

 through work activities to transition off of public assistance when such
 child  care  is necessary in order to enable a parent or caretaker rela-
 tive to engage in work provided such  families'  public  assistance  has
 been terminated as a result of increased hours of or income from employ-
 ment  or  increased  income  from  child  support payments or the family
 voluntarily ended assistance; provided that the family  received  public
 assistance at least three of the six months preceding the month in which
 eligibility  for  such  assistance  terminated or ended or provided that
 such family has received child care assistance under subdivision four of
 this section; and provided, the family income does  not  exceed  eighty-
 five percent of the state median income;
   (c)  families  with  incomes  up  to  two hundred percent of the state
 income standard, or three hundred percent of the state  income  standard
 effective August first, two thousand twenty-two, which are determined in
 accordance  with  the  regulations  of  the  department to be at risk of
 becoming dependent on family assistance;  provided,  the  family  income
 does not exceed eighty-five percent of the state median income;
   (d)  families  with  incomes  up  to  two hundred percent of the state
 income standard, or three hundred percent of the state  income  standard
 effective  August  first,  two  thousand twenty-two, who are attending a
 post secondary educational program; provided, the family income does not
 exceed eighty-five percent of the state median income; and
   (e) other families with incomes up to two hundred percent of the state
 income standard, or three hundred percent of the state  income  standard
 effective  August  first,  two  thousand  twenty-two,  which  the social
 services district designates in its consolidated services plan as eligi-
 ble for child care assistance in accordance with criteria established by
 the department; provided, the family income does not exceed  eighty-five
 percent  of the state median income] FAMILIES WHO NEED CHILD CARE OR WHO
 ARE HAVING TROUBLE AFFORDING CHILD CARE, TO THE MAXIMUM EXTENT PERMISSI-
 BLE UNDER FEDERAL LAWS AND REGULATIONS. TO THE EXTENT THAT FAMILIES  ARE
 NOT  ELIGIBLE  FOR  FUNDING  PURSUANT TO THIS PROVISION, THE STATE SHALL
 MAKE ALL REASONABLE EFFORTS TO ENSURE THAT  FAMILIES  NOT  ELIGIBLE  FOR
 FEDERALLY-FUNDED CHILD CARE HAVE ACCESS, PHASED-IN OVER A PERIOD OF FOUR
 YEARS, PURSUANT TO THE PHASE-IN PRIORITIES AND PRINCIPLES RECOMMENDED BY
 THE TASKFORCE UNDER SECTION THREE HUNDRED NINETY-K OF THIS ARTICLE.
   2.  [For  the purposes of this title, the term "state income standard"
 means the most recent federal income official poverty line  (as  defined
 and  annually  revised  by  the federal office of management and budget)
 updated by the department for a family size of four and adjusted by  the
 department  for family size] EACH SOCIAL SERVICES DISTRICT SHALL CONDUCT
 EXTENSIVE AND LANGUAGE-ACCESSIBLE OUTREACH TO FAMILIES  WHO  NEED  CHILD
 CARE  OR WHO ARE HAVING TROUBLE AFFORDING CHILD CARE. TO THE EXTENT THAT
 SOCIAL SERVICES DISTRICTS OR THE OFFICE OF CHILDREN AND FAMILY  SERVICES
 ARE  REQUIRED  TO  EXAMINE FAMILIES' INCOMES PURSUANT TO FEDERAL LAWS OR
 REGULATIONS, THEY SHALL USE THE LEAST  RESTRICTIVE  AND  MOST  EFFICIENT
 MEANS  AVAILABLE TO AVOID PLACING UNDUE BURDENS ON FAMILIES APPLYING FOR
 ASSISTANCE. TO THE EXTENT THAT  FAMILIES  APPLYING  FOR  ASSISTANCE  ARE
 REQUIRED  TO  PROVIDE  PROOF  OF ELIGIBILITY, EACH LOCAL SOCIAL SERVICES
 DISTRICT AND THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL  MAKE  ALL
 REASONABLE  EFFORTS  TO  PROVIDE  ASSISTANCE IN COMPLETING ALL NECESSARY
 DOCUMENTS EXPEDITIOUSLY.
   § 18. Subdivision 2 of section 410-u of the social  services  law,  as
 added  by  section  1  of  part  L of chapter 56 of the laws of 2022, is
 amended to read as follows:
 A. 4815                            12
 
   2. The state block grant for child care  shall  be  divided  into  two
 parts pursuant to a plan developed by the department and approved by the
 director  of  the  budget.  One  part  shall be retained by the state to
 provide child care on a statewide basis to special groups and for activ-
 ities  to  increase  the  availability  and/or  quality  of  child  care
 programs, including, but not limited to,  the  start-up  of  child  care
 programs,  THE  INCREASE OF CHILD CARE WORKER SALARIES, the operation of
 child care resource and  referral  programs,  training  activities,  the
 regulation  and  monitoring  of  child care programs, the development of
 computerized data systems, and  consumer  education,  provided  however,
 that child care resource and referral programs funded under title five-B
 of  article six of this chapter shall meet additional performance stand-
 ards developed by the department of social services  including  but  not
 limited  to:  increasing  the  number  of  child care placements for ALL
 persons, WITH PRIORITY GIVEN TO PERSONS who are at or below [two hundred
 percent of the state income standard, or three hundred  percent  of  the
 state  income  standard effective August first, two thousand twenty-two,
 provided such persons are at or below eighty-five percent of  the  state
 median  income,]  ONE THOUSAND PERCENT OF THE FEDERAL POVERTY LINE; with
 emphasis on placements supporting local efforts in meeting  federal  and
 state  work  participation requirements, increasing technical assistance
 to all modalities of legal child care to persons, WITH A PRIORITY  GIVEN
 TO  PERSONS who are at or below [two hundred percent of the state income
 standard, or three hundred percent of the state income  standard  effec-
 tive August first, two thousand twenty-two, provided such persons are at
 or  below  eighty-five percent of the state median income,] ONE THOUSAND
 PERCENT OF THE FEDERAL POVERTY LINE; including the provision of training
 to assist providers  in  meeting  child  care  standards  or  regulatory
 requirements[,];  and creating new child care opportunities, and assist-
 ing social services districts in assessing and responding to child  care
 needs  for  ALL persons, WITH PRIORITY GIVEN TO PERSONS at or below [two
 hundred percent of the state income standard, or three  hundred  percent
 of  the state income standard effective August first, two thousand twen-
 ty-two, provided such persons are at or below eighty-five percent of the
 state median income] ONE THOUSAND PERCENT OF THE FEDERAL  POVERTY  LINE.
 The  department  shall  have  the authority to withhold funds from those
 agencies which do not meet performance standards. Agencies  whose  funds
 are  withheld  may have funds restored upon achieving performance stand-
 ards. The other part shall be allocated to social services districts  to
 provide  child  care  assistance to families receiving family assistance
 and to other low income families. TO THE EXTENT THAT  FAMILIES  ARE  NOT
 ELIGIBLE  FOR FUNDING PURSUANT TO THIS SUBDIVISION, THE STATE SHALL MAKE
 ALL REASONABLE EFFORTS TO ENSURE THAT FAMILIES NOT ELIGIBLE FOR FEDERAL-
 LY-FUNDED CHILD CARE HAVE ACCESS, PHASED-IN OVER A PERIOD OF FOUR YEARS,
 PURSUANT TO THE PHASE-IN PRIORITIES AND PRINCIPLES  RECOMMENDED  BY  THE
 TASKFORCE UNDER SECTION THREE HUNDRED NINETY-K OF THIS ARTICLE.
   § 19. Section 410-cc of the social services law, as amended by chapter
 882 of the laws of 1990, is amended to read as follows:
   §  410-cc.  Start up grants for child day care. The commissioner shall
 provide funds to start up  grants  to  not-for-profit  organizations  or
 corporations  for  the  development of new or expanded all day child day
 care programs including costs related to planning, renting,  renovating,
 operating,  and  purchasing  equipment. The commissioner shall establish
 guidelines including, but not limited to, allowable costs, and  criteria
 for  eligibility  for  grants  giving preference to those child day care
 providers who [will, to the maximum extent feasible, target services  to
 A. 4815                            13

 households  having  incomes  up  to  two  hundred percent of the federal
 poverty standard] SERVE  AREAS  THAT  CURRENTLY  CONSTITUTE  CHILD  CARE
 DESERTS,  AND  WITH THE AIM OF DEVELOPING NEW YORK'S STATEWIDE UNIVERSAL
 CHILD  CARE INFRASTRUCTURE.  The commissioner shall WIDELY publicize the
 availability of funds AND CONDUCT EXTENSIVE OUTREACH IN  A  LANGUAGE-AC-
 CESSIBLE  MANNER TO DEVELOP THE STATE'S UNIVERSAL CHILD CARE INFRASTRUC-
 TURE. [No awards shall  be  granted  which  exceed  twenty-five  hundred
 dollars  for a new family day care provider or new group family day care
 provider, and one hundred thousand dollars for  a  new  child  day  care
 center.]  Child  care resource and referral agencies [may] SHALL receive
 family day care start up grants [not to exceed two thousand five hundred
 dollars per new provider] if the agency trains such new family  provider
 and thereby expands the supply of family day care programs in the commu-
 nity.  The commissioner shall give preference to those communities which
 are significantly underserved by existing programs and to those programs
 which and those providers who will serve infants under two years of age.
   § 20. Section 101 of the education law is amended to read as follows:
   § 101. Education department; regents of the university.   There  shall
 continue  to  be  in  the state government an education department.  The
 department is charged with the general management and supervision of all
 public schools and all of the educational work of the  state,  including
 the  operations of The University of the State of New York and the exer-
 cise of all the functions of the education department, of The University
 of the State of New York, of the regents of the university  and  of  the
 commissioner  of  education  and the performance of all their powers and
 duties, which were transferred to the education department  [by  section
 three  hundred  twelve  of the state departments law] or shall have been
 prescribed by law before March sixteenth, nineteen hundred twenty-seven,
 whether in terms vested in such department or university or in any  sub-
 department, division or bureau thereof or in such commissioner, board or
 officer,  and  such  functions,  powers  and duties shall continue to be
 vested in the education department continued by this chapter  and  shall
 continue  to be exercised and performed therein by or through the appro-
 priate officer, sub-department, division  or  bureau  thereof,  together
 with  such functions, powers and duties as hereafter may be conferred or
 imposed upon such department by law. THE EDUCATION DEPARTMENT SHALL ALSO
 ESTABLISH AN OFFICE OF EARLY EDUCATION, WHICH SHALL BE TASKED WITH COOR-
 DINATING WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES TO ENSURE  THAT
 THE  IMPLEMENTATION  OF  FUNDING  FOR  UNIVERSAL  PRE-K  AND 3-K FOR ALL
 PROGRAMS ARE PHASED IN IN A MANNER THAT COMPLEMENTS AND  SUPPORTS  CHILD
 CARE  PROVIDERS WITHIN THE STATE AND PROVIDES EQUITABLE WAGES, BENEFITS,
 AND WORKING CONDITIONS FOR CHILD CARE WORKERS, PURSUANT TO THE  GUIDANCE
 ESTABLISHED BY THE TASKFORCE UNDER SECTION THREE HUNDRED NINETY-K OF THE
 SOCIAL  SERVICES  LAW.  All the provisions of this chapter, in so far as
 they are not inconsistent with the provisions of this chapter as  hereby
 amended  or may be made applicable, shall apply to the education depart-
 ment continued by this chapter as hereby amended and to  The  University
 of  the  State  of New York, the board of regents of the university, the
 commissioner [of education] and to the divisions, bureaus  and  officers
 in such department.  The head of the department shall continue to be the
 regents  of  The University of the State of New York, who shall appoint,
 and at pleasure may  remove,  the  commissioner  [of  education].    The
 commissioner  shall  continue  to be the chief administrative officer of
 the department.  The regents also may appoint and, at pleasure, remove a
 deputy commissioner [of education], who shall perform such duties as the
 regents may assign to him by rule and who, in the absence or  disability
 A. 4815                            14
 
 of  the  commissioner  or when a vacancy exists in the office of commis-
 sioner, shall exercise and perform  the  functions,  powers  and  duties
 conferred  or  imposed on the commissioner by this chapter.  The regents
 of  The University of the State of New York shall continue to constitute
 a board and The University of the State of New York, which was continued
 under such name by section two of article eleven  of  the  constitution,
 shall  continue  to be governed and all its corporate powers to be exer-
 cised by such board.
   § 21. Section 2 of chapter 493 of the laws of 2017 amending the social
 services law relating to establishing a child  care  availability  task-
 force to evaluate the need for and availability of child care throughout
 the  state, as amended by chapter 797 of the laws of 2021, is amended to
 read as follows:
   § 2. This act shall take effect immediately and shall expire  December
 31,  [2024] 2027 when upon such date the provisions of this act shall be
 deemed repealed.
   § 22. The state finance law is amended by adding  three  new  sections
 99-qq, 99-rr, and 99-ss to read as follows:
   §  99-QQ. CHILD CARE WORKFORCE STABILIZATION FUND.  1. THERE IS HEREBY
 ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER
 OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE CHILD  CARE  WORKFORCE
 STABILIZATION FUND.
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED THEREFOR OR CREDIT-
 ED  OR  TRANSFERRED THERETO FROM ANY OTHER FUND, ACCOUNT OR SOURCE.  ANY
 INTEREST RECEIVED BY THE COMPTROLLER ON MONEYS ON DEPOSIT IN  THE  CHILD
 CARE WORKFORCE STABILIZATION FUND SHALL BE RETAINED IN AND BECOME A PART
 OF SUCH FUND.
   3.  MONEYS  IN  THE CHILD CARE WORKFORCE STABILIZATION FUND, FOLLOWING
 APPROPRIATION BY THE LEGISLATURE, SHALL BE UTILIZED  TO  DIRECTLY  RAISE
 WAGES AMONG PARTICIPATING PROGRAMS AS NEW YORK ADJUSTS ITS REIMBURSEMENT
 RATES  TO  COVER  THE  TRUE  COST OF CHILD CARE, AND TO ALLOW CHILD CARE
 PROVIDERS TO PAY STAFF ADEQUATE WAGES AND BENEFITS AT PARITY WITH PUBLIC
 SCHOOL TEACHERS AS NEW YORK STATE RESTRUCTURES ITS  ECONOMY  TO  REFLECT
 THE  TRUE  VALUE  OF THIS IMPORTANT WORK. SUCH MONEYS SHALL BE ALLOCATED
 THROUGH AGENCIES INCLUDING, BUT NOT LIMITED TO, THE OFFICE  OF  CHILDREN
 AND FAMILY SERVICES.
   §  99-RR.   CHILD CARE TRANSITIONAL REIMBURSEMENT RATE FUND.  1. THERE
 IS HEREBY ESTABLISHED IN THE CUSTODY OF THE STATE  COMPTROLLER  AND  THE
 COMMISSIONER  OF  TAXATION  AND  FINANCE A FUND TO BE KNOWN AS THE CHILD
 CARE TRANSITIONAL REIMBURSEMENT RATE FUND.
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED THEREFOR OR CREDIT-
 ED OR TRANSFERRED THERETO FROM ANY OTHER FUND, ACCOUNT OR SOURCE.    ANY
 INTEREST  RECEIVED  BY THE COMPTROLLER ON MONEYS ON DEPOSIT IN THE CHILD
 CARE TRANSITIONAL REIMBURSEMENT RATE  FUND  SHALL  BE  RETAINED  IN  AND
 BECOME A PART OF SUCH FUND.
   3.  MONEYS  IN  THE  CHILD  CARE TRANSITIONAL REIMBURSEMENT RATE FUND,
 FOLLOWING APPROPRIATION BY THE  LEGISLATURE,  SHALL  BE  UTILIZED  IN  A
 MANNER  THAT  REFLECTS A TRANSITIONAL REIMBURSEMENT RATE STRUCTURE BASED
 ON THE RESULTS OF THE FORTHCOMING CHILD CARE MARKET RATE SURVEY  OR  THE
 EXISTING  SURVEY, WHICHEVER RESULTS IN HIGHER RATES. REIMBURSEMENT RATES
 SHALL BE SET AT THE NINETIETH PERCENTILE OF MARKET RATES IN EACH  REGION
 TO ENSURE THAT PER CHILD AMOUNTS ARE SUFFICIENT TO NOT DISRUPT THE CHILD
 CARE  SECTOR  DURING THIS TRANSITION FROM A MARKET RATE-BASED MODEL TO A
 MODEL BASED ON THE TRUE COST OF QUALITY CARE. DURING THE PHASE-IN  PERI-
 OD,  ENTRY  LEVEL  STAFF SHALL BE PAID AT LEAST A LIVING WAGE, WITH MORE
 EXPERIENCED STAFF COMPENSATED AT A PROPORTIONATELY HIGHER RATE AND  WITH
 A. 4815                            15
 
 COMPENSATION  PROGRESSIVELY INCREASING OVER THE COURSE OF THE TRANSITION
 PERIOD. SUCH MONEYS SHALL BE ALLOCATED THROUGH AGENCIES  INCLUDING,  BUT
 NOT LIMITED TO, THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   §  99-SS.  CHILD  CARE  INFRASTRUCTURE DEVELOPMENT FUND.   1. THERE IS
 HEREBY ESTABLISHED IN THE CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
 COMMISSIONER  OF  TAXATION  AND  FINANCE A FUND TO BE KNOWN AS THE CHILD
 CARE INFRASTRUCTURE DEVELOPMENT FUND.
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED THEREFOR OR CREDIT-
 ED OR TRANSFERRED THERETO FROM ANY OTHER FUND, ACCOUNT OR SOURCE.    ANY
 INTEREST  RECEIVED  BY THE COMPTROLLER ON MONEYS ON DEPOSIT IN THE CHILD
 CARE INFRASTRUCTURE DEVELOPMENT FUND SHALL BE RETAINED IN AND  BECOME  A
 PART OF SUCH FUND.
   3. MONEYS IN THE CHILD CARE INFRASTRUCTURE DEVELOPMENT FUND, FOLLOWING
 APPROPRIATION  BY  THE  LEGISLATURE,  SHALL BE USED TO BUILD AND DEVELOP
 CHILD CARE INFRASTRUCTURE IN  CONNECTION  WITH  EXISTING  PUBLIC  INSTI-
 TUTIONS SUCH AS PUBLIC UNIVERSITIES, PUBLIC SCHOOLS, AND PUBLIC HOUSING.
   §  23.  The  sum  of  five  billion dollars ($5,000,000,000) is hereby
 appropriated out of any moneys in the state treasury in the general fund
 to the credit of the state purposes account, not otherwise appropriated,
 and made immediately available as set forth herein. Such funds shall  be
 allocated as follows:
   (a) Three billion dollars ($3,000,000,000) shall be allocated to guar-
 antee  access  to  child  care  subsidies to high-quality and culturally
 responsive child care that meets the needs of  all  children,  including
 children  with  disabilities,  those  experiencing  trauma, multilingual
 learners, families who work non-traditional hours, and families  experi-
 encing  homelessness  or  in  transitional housing. Such moneys shall be
 allocated through agencies including, but not limited to, the office  of
 children and family services.
   (b)  One  billion  dollars  ($1,000,000,000) shall be allocated to the
 child care workforce stabilization fund established pursuant to  section
 99-qq of the state finance law.
   (c)  Six  hundred million dollars ($600,000,000) shall be allocated to
 the child care transitional reimbursement rate fund pursuant to  section
 99-rr of the state finance law.
   (d)  Four hundred million dollars ($400,000,000) shall be allocated to
 the child care infrastructure development fund pursuant to section 99-ss
 of the state finance law.
   § 24. This act shall take effect immediately; provided, however,  that
 the  amendments  to  section  390-k  of  the social services law made by
 section three of this act shall not affect the repeal  of  such  section
 and  shall  be  deemed  repealed  therewith; provided, however, that the
 amendments to subdivision 8 of section 410-w of the social services  law
 made  by  section ten of this act and the amendments to subdivision 6 of
 section 410-x of the social services law made by section eleven of  this
 act  shall  not  affect the expiration of such subdivisions and shall be
 deemed to expire therewith; and provided, further, that  the  amendments
 made  to subdivision 1 of section 410 of the social services law made by
 section thirteen of this act shall take effect on the same date  and  in
 the same manner as chapter 694 of the laws of 2022, takes effect.