NY State Senate Bill 2021-S7595

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to finance
Dec 15, 2021	referred to finance

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2021-S7595 (ACTIVE) - Details

See Assembly Version of this Bill:: A8623
Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Rpld §410 sub 3 ¶(b), amd Soc Serv L, generally; amd §101, Ed L; amd §2, Chap 493 of 2017; add §§99-oo, 99-pp & 99-qq, St Fin L
Versions Introduced in 2023-2024 Legislative Session:: S3245, A4815

2021-S7595 (ACTIVE) - Summary

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.

2021-S7595 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7595

SPONSOR: BRISPORT
 
TITLE OF BILL:

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 estab-
lishing 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 establishment and funding
of universal child care; to repeal certain provisions of the social
services law relating thereto; and making an appropriation therefor

 
SUMMARY OF PROVISIONS:

Section one establishes the name of the legislation as the "Universal
Child Care Act."

Section two sets forth the legislative findings.

Section three modifies the scope and duties of the child care task force

established under section 390-k of the social services law, so that the
task force shall develop an implementation framework for a phased-in
rollout of a universal child care system, using state and federal
resources, and shall also make annual budget recommendations to the New
York State legislature regarding the funding that is necessary to
achieve a truly free and universal system.

Section four amends subsection eight of section 390 of the social
services law, to modify and update the manner in which the Office of
Children and Family Services notifies the public of the availability of
child care services.

Section five amends subdivision one of section 410 of the social
services law, to allow public welfare officials to participate in a
system of free and universal child care.

Section six amends subdivision two of section 410-b of the social
services law regarding the manner in which the Office of Children and
Family Services implements federal funding for child care.

Section seven adds a new subdivision five to section 410-x of the social
services law, to require a new cost estimation model for the payment of
child care costs.

Section eight amends section 410-z of the social services law to require
the Office of Children and Family Services to prepare a report regarding
the actual cost providers incur in providing child care pursuant to the
previous section.

Section nine amends subdivision one and paragraph (b) of subdivision
five of section 410-c of the social services law, to increase state
reimbursement rates to counties, cities, and towns that provide child
care services, and to allow for further capital expenditures in areas
that constitute child care deserts.


Section ten amends subdivision eight of section 410-w of the social
services law to require New York State to cover certain child care
co-payments.

Section eleven amends subdivision 410-x of the social services law to
require New York State to cover certain child care co-payments.

Section twelve adds a new subdivision nine to section 410-x of the
social services law, requiring social services districts to establish
differential payment rates for providers who care for children experi-
encing homelessness, or who care for children during non-traditional
hours, with New York State covering these additional costs.

Section thirteen amends subdivision one of section 410 of the social
services law to remove administrative requirements regarding work and
immigration status.

Section fourteen repeals paragraph (b) of subdivision three of section
410 of the social services law, and reletters paragraphs (c) and (d).

Section fifteen amends subdivisions one and two of section 410-bb of the
social services law to declare the New York legislature's desire to move
towards a free and universal child care system, with salary and benefits
for workers at parity with that of public school teachers.

Section sixteen amends subdivisions one and two of section 410-v of the
social services law, to increase reimbursement rates from New York State
to social services districts, and make all reasonable efforts to supple-
ment federal block grant funding with state funding to provide universal
coverage within a period of four years.

Section seventeen amends subdivisions one and two of section 410-x of
the social services law, to require outreach and support to ensure that
eligible families who need child care receive support, and that any
eligibility determinations required by federal law are the least
restrictive and most efficient available, in order to avoid placing
undue burdens on families applying for assistance.

Section eighteen amends subdivision two of section 410-u of the social
services law, to specify that the state block grant for child care shall
be used to increase child care worker salaries, and to specify that New
York State shall make all reasonable efforts to ensure child care cover-
age for families who are not eligible for federal funding.

Section nineteen amends section 410-cc of the social services law to
specify that start up grants are to be used to serve areas that current-
ly constitute child care deserts.

Section twenty amends section 101 of the education law to establish an
"office of early childhood education," which is tasked with coordinating
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 task force established under section 390-k of the social
services law.

Section twenty one amends section two of chapter 493 of the laws of 2017
amending the social services law relating to establishing the child care
availability task force, in order to extend its term through the year
2025.

Section twenty two adds new section 99-00, 99-pp, and 99-qq to the state
finance law, requiring the creation of a child care workforce stabiliza-
tion fund, a child care transitional reimbursement rate fund, and a
child care infrastructure development fund.

Section twenty three appropriates five billion dollars towards the
development of a universal child care system in New York State.

Section twenty four sets forth the effective date of the legislation.

 
JUSTIFICATION:

New York's child care infrastructure is in crisis: many parents have no
access to affordable or quality care and many child care providers are
forced to live in or near poverty. Decades of treating and funding child
care as a private service rather than vital public infrastructure has
left the system on the verge of collapse. Although some piecemeal
approaches and temporary solutions have kept New York's child care
system on life support, many child care centers have already been forced
to close, and parents are struggling to access the child care they need.
Today, where child care is still available, it is largely due to a
dramatically underpaid workforce overwhelmingly made up of women - espe-
cially Black women and women of color - who are paid wages that leave
the majority in or near poverty. The COVID-19 pandemic has only made
matters worse, exacerbating the many vulnerabilities of our child care
system.

Resolving the underlying causes of New York's child care crisis requires
careful attention to detail, and the participation of all relevant
stakeholders across New York State. Accordingly, this legislation has
been carefully drafted to take into account the input of parents, child
care providers, union leaders, advocates, and experts across the state.
It has also been drafted with the input and insights of the Child Care
Availability Task Force, which was convened in 2018 and issued its final
report and recommendations in 2021. There is wide agreement that New
York needs to pursue a "dramatically different approach to child care"
and move instead towards a truly universal system, where child care is
free at the point of service and educators are paid sufficient wages,
much like our public school system.

Accordingly, this legislation makes substantial programmatic changes to
New York's child care system and makes significant investments in build-
ing out New York's child care infrastructure to set New York on a clear
path to building a universal child care system. It also ensures that the
"Universal Pre-K" and "3-K For All" programs are implemented in a manner
that does not leave behind providers who care for children under the age
of three, who have been particularly hard hit by the present child care
crisis.

One of the primary concerns regarding the present child care system is
that its workforce is dramatically underpaid. Much of the child care
workforce lives in poverty with 65% of child care providers receiving
such low wages that they are eligible for social safety net programs
such as food stamps or Medicaid. Many professionals either do not enter
the field at all, or are forced to leave it for higher paying jobs at
places like fast food chains or telemarketing companies. This is not
only an injustice, but also a tremendous vulnerability for our child
care system because the understaffing problem leads to further shortages
of available child care. Accordingly, in order to attract and maintain
an adequate workforce, this legislation creates a new "child care work-
force stabilization fund" that directly raises wages. It also makes
further adjustments to state law in order to move New York towards a
system where child care workers are properly recognized as educators,
and achieve wages that that are at parity with those of public school
teachers.

Another primary concern regarding the present child care system is that
our current system of means-tested subsidies imposes severe burdens on
those who can least afford it. In some regions, a family of four, with
two parents each working forty hours per week for minimum wage, will not
qualify for subsidies, and sending their children to a child care center
will cost 55.4% of their income. The lack of adequate subsidies is
particularly problematic because, in New York State, one year of tuition
for infant care at a child care center is more than double the cost of
tuition at a SUNY comprehensive four-year college. Accordingly, this
legislation requires substantial investments to guarantee child care
subsidies for high-quality and culturally responsive child care that
meets the needs of all children. The Child Care Availability Task Force
correctly noted that, although "the state's use of federal stimulus
funds has helped to suppress the damage, it alone is insufficient to
rebuild the child care system." New York needs to make its own invest-
ments, and this money will be well-spent:  researchers estimate that for
every $1 invested in early care and education in New York State, $1.86
is generated in additional spending within the state.

This legislation further recognizes that the way we pay our child care
providers within New York State is deeply flawed. Current subsidies are
based on a "market rate survey" system that dramatically under-values
the cost of high-quality child care. Accordingly, this legislation would
shift New York away from the current "market rate survey" system, and
towards a new cost estimation model that more accurately compensates
providers for the true cost of care. This legislation further estab-
lishes a "transitional reimbursement rate" fund so that New York can
immediately offer more adequate compensation, pending the implementation
of such a new system.

In order to truly build out a universal child care system that goes
beyond the current means-tested and market-based solutions, New York
will need to make significant investments over time and build out its
infrastructure to meet the needs of the 64% of New Yorkers who live in
child care deserts, where the demand for child care far exceeds local
capacity.  Accordingly, this legislation further creates a new "child
care infrastructure development fund," and modifies New York's system of
distributing startup funds, so that New York can build its current
capacity.

Finally, as a matter of ongoing oversight, this legislation expands the
scope and duties of the Child Care Availability Task Force, so that this
group - which has demonstrated its expertise and developed substantial
institutional knowledge - will oversee a four-year transition towards a
universal child care system, making annual budget recommendations and
guiding the interactions between the Office of Children and Family
Services and the New York State Education Department. This legislation
will further create a new "office of early education," which will
further coordinate the implementation of funding for Universal Pre-K and
3-K For All programs so that they are implemented in a manner that
complements and supports child care providers within New York State.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, 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 subdivi-
sion 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 there-
with.

2021-S7595 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7595
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             December 15, 2021
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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. 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14016-01-1

 S. 7595                             2
 
 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, 3, and 4 as amended by  chapter  33
 of the laws of 2018, 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  representation,  members of the taskforce shall be appointed
 by the governor and comprised as follows:
   (a) three individuals shall be appointed upon  the  recommendation  of
 the  speaker of the assembly, at least one of whom shall be a parent who
 has utilized subsidized child care;
   (b) three 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;
   (c) two representatives of a child care resource and referral agency;
   (d) two representatives of home-based child care providers;
   (e) two representatives of center-based child care providers;
   (f) two representatives from the business community;
   (g) two representatives from unions that represent child care  provid-
 ers; and
   (h) 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;
   (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 district or county  government  or  an  entity
 that advocates on behalf of social services or county governments; and
   (ix) a non-profit child care advocacy organization.
   3.  The  taskforce shall ADVISE THE STATE IN DEVELOPING AN IMPLEMENTA-
 TION FRAMEWORK LEADING TO AN EXPEDITIOUS PHASED-IN ROLLOUT OF  UNIVERSAL
 CHILD  CARE USING EXISTING STATE AND FEDERAL RESOURCES AND SHALL examine
 the following:
   (a) [affordable child care with a focus on the cost of care for  fami-
 lies and factors that contribute to such costs] 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 EXPAN-
 S. 7595                             3
 
 SIONS 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 UNINTENTIONAL HARM TO CHILD CARE PROVIDERS;
   (b)  [access  to  and availability of subsidized child care, including
 the identification of] HOW TO ELIMINATE THE barriers  families  eligible
 under state law face obtaining or utilizing [such] subsidies;
   (c)  HOW  TO 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)  whether parents are voluntarily leaving the workforce due to lack
 of [affordable or accessible] child care, and the  demographic  informa-
 tion of such parents, if known;
   (e)  whether  employers have identified lack of child care as a reason
 for a shortage of a qualified workforce;
   (f) the impact of child care, or lack thereof, on economic development
 throughout the state;
   (g) varying levels of quality of care throughout the state;
   (h) availability of quality child care by economic development  region
 including  identification of underserved communities AND RECOMMENDATIONS
 MAKING AVAILABLE FREE, HIGH-QUALITY CHILD CARE IN SUCH COMMUNITIES;
   (i) whether regulatory or statutory changes  could  promote  FREE  AND
 UNIVERSAL access to HIGH-QUALITY child care and improve health and safe-
 ty standards in child care programs;
   (j)  [business]  incentives  to  INSTITUTIONS THAT OFFER CHILD CARE TO
 increase UNIVERSAL AND FREE child care [access and  the  impact  on  tax
 credits and deductions relating to child care];
   (k)  ways to address concerns identified in the course of the examina-
 tion required by this subdivision; [and]
   (l) THE EXISTENCE OF ILLEGAL AND UNREGULATED CHILD CARE PROVIDERS, THE
 LABOR CONDITIONS OF EMPLOYEES AT SUCH FACILITIES, AND REGULATORY  RECOM-
 MENDATIONS FOR APPROACHING SUCH PROVIDERS;
   (M)  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;
   (N)  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;
   (O)  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;
   (P)  HOW TO 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
 S. 7595                             4
 
 PROVIDING CARE FOR THOSE MOST IN NEED WHILE  WE  MOVE  TOWARDS  A  TRULY
 UNIVERSAL SYSTEM;
   (Q)  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;
   (R) anything else the taskforce deems necessary.
   4. The taskforce shall report [its interim  findings  and  recommenda-
 tions in accordance with subdivision three of this section to the gover-
 nor,  the  speaker  of  the  assembly and the temporary president of the
 senate no later than November first, two thousand eighteen and its final
 findings and recommendations no later than  December  thirty-first,  two
 thousand  twenty]  A  FOUR-YEAR  PLAN FOR A PHASED ROLL-OUT OF UNIVERSAL
 CHILD CARE IN THE STATE, AND MAKE ANNUAL  RECOMMENDATIONS,  STARTING  IN
 NOVEMBER  TWO  THOUSAND  TWENTY-TWO AND EACH NOVEMBER THEREAFTER THROUGH
 NOVEMBER TWO THOUSAND TWENTY-FIVE, FOR SPECIFIC APPROPRIATIONS FOR BUDG-
 ET ALLOCATIONS THAT WOULD ALLOW FOR A TRULY  FREE  AND  UNIVERSAL  CHILD
 CARE SYSTEM, INCLUDING, BUT NOT LIMITED TO: (I) WAGE INCREASES FOR CHILD
 CARE  WORKERS  THAT  ALLOW THEM TO ACHIEVE PAY PARITY WITH PUBLIC SCHOOL
 TEACHERS; (II) CAPITAL EXPENDITURES TO ALLOW FOR THE EXPANSION OF  CHILD
 CARE  INFRASTRUCTURE  INTO  COMMUNITIES  MOST IN NEED; AND (III) 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  YORK-
 ERS.  SUCH  RECOMMENDATIONS SHALL BE BASED ON WHAT IS NEEDED TO ACTUALLY
 ACHIEVE A HIGH-QUALITY UNIVERSAL CHILD CARE SYSTEM  IN  THE  STATE,  AND
 WHAT  ADDITIONAL  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 ACHIEV-
 ING A HIGH-QUALITY UNIVERSAL CHILD CARE SYSTEM, PROVIDED, HOWEVER,  THAT
 TASKFORCE  MEMBERS  WHO  ARE  EMPLOYEES OF THE GOVERNOR'S OFFICE AND THE
 STATE LEGISLATURE SHALL RECUSE THEMSELVES FROM SUCH RATING PROCESS.  THE
 TASKFORCE  SHALL REPORT ITS FINDINGS ANNUALLY THROUGH NOVEMBER TWO THOU-
 SAND TWENTY-FIVE.
   § 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
 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;
 S. 7595                             5
 
   (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 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.
   §  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-
 S. 7595                             6
 
 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-THREE 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
 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-
 S. 7595                             7
 
 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
 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
 S. 7595                             8
 
 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
 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]
 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 [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]  OFFICE  OF  CHILDREN  AND FAMILY SERVICES;
 PROVIDED, HOWEVER, THAT THE PUBLIC  WELFARE  OFFICIAL  SHALL  NOT  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
 S. 7595                             9
 
 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.
   (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
 S. 7595                            10
 
 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, 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 who are attempting through work activities to transition
 off of public assistance when such child care is necessary in  order  to
 enable  a  parent  or caretaker relative to engage in work provided such
 families' public assistance has been terminated as a result of increased
 hours of or income  from  employment  or  increased  income  from  child
 support  payments  or  the  family  voluntarily  ended  assistance; and,
 provided that the family received public assistance at  least  three  of
 the six months preceding the month in which eligibility for such assist-
 ance terminated or ended or provided that such family has received child
 care assistance under subdivision four of this section;
 S. 7595                            11

   (c)  families  with  incomes  up  to  two hundred percent of the state
 income standard which are determined in accordance with the  regulations
 of  the department to be at risk of becoming dependent on family assist-
 ance;
   (d)  families  with  incomes  up  to  two hundred percent of the state
 income standard who are attending a post secondary  educational  program
 and working at least seventeen and one-half hours per week; and
   (e) other families with incomes up to two hundred percent of the state
 income  standard  which  the  social services district designates in its
 consolidated services plan as eligible  for  child  care  assistance  in
 accordance  with  criteria  established  by the department] FAMILIES WHO
 NEED CHILD CARE OR WHO ARE HAVING TROUBLE AFFORDING CHILD CARE,  TO  THE
 MAXIMUM  EXTENT  PERMISSIBLE  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 PRIORI-
 TIES 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  52  of part B of chapter 436 of the laws of 1997, is
 amended to read as follows:
   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
 activities  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  with  emphasis  on  placements
 supporting local efforts in meeting federal and state work participation
 requirements,]  ONE  THOUSAND  PERCENT  OF  THE  FEDERAL  POVERTY  LINE;
 S. 7595                            12
 
 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,] 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 assisting 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] ONE THOUSAND PERCENT OF THE FEDERAL POVER-
 TY 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
 standards.    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 FAMI-
 LIES ARE NOT ELIGIBLE FOR FUNDING  PURSUANT  TO  THIS  SUBDIVISION,  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.
   § 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
 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
 S. 7595                            13
 
 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
 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 section 2 of chapter 33 of the laws of 2018, is
 amended to read as follows:
   §  2. This act shall take effect immediately and shall expire December
 31, [2021] 2025 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-oo, 99-pp, and 99-qq to read as follows:
   § 99-OO. 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
 S. 7595                            14
 
 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-PP.   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
 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-QQ.  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
 S. 7595                            15
 
 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-oo 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-pp 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-qq
 of the state finance law.
   § 24. This act shall  take  effect  immediately;  provided,  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.

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Senate Bill S7595

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Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

2021-S7595 (ACTIVE) - Details

2021-S7595 (ACTIVE) - Summary

2021-S7595 (ACTIVE) - Sponsor Memo

2021-S7595 (ACTIVE) - Bill Text download pdf

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Senate Bill S7595

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

2021-S7595 (ACTIVE) - Details

2021-S7595 (ACTIVE) - Summary

2021-S7595 (ACTIVE) - Sponsor Memo

2021-S7595 (ACTIVE) - Bill Text download pdf

Comments