S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5753
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Children and Families
 
 AN  ACT  to  amend the social services law and the state finance law, in
   relation to creating the statewide  childcare  workforce  living  wage
   fund  to  improve  workforce  conditions  for  employees  of childcare
   services and  programs;  and  making  an  appropriation  for  services
   related  to  improving workforce conditions for employees of childcare
   services and programs authorized to receive funding from the statewide
   childcare workforce living wage fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  153-k  of  the social services law is amended by
 adding a new subdivision 13 to read as follows:
   13. (A) TO THE EXTENT THAT MONIES ARE MADE AVAILABLE  TO  THE  COMMIS-
 SIONER  OF THE OFFICE OF CHILDREN AND FAMILY SERVICES FROM THE STATEWIDE
 CHILDCARE WORKFORCE LIVING WAGE FUND  ESTABLISHED  PURSUANT  TO  SECTION
 NINETY-SEVEN-BBBBB  OF THE STATE FINANCE LAW, THE OFFICE OF CHILDREN AND
 FAMILY SERVICES IS AUTHORIZED TO CONDUCT ACTIVITIES TO IMPROVE WORKFORCE
 CONDITIONS  FOR  THE  EMPLOYEES  OF  ELIGIBLE  CHILDCARE  SERVICES   AND
 PROGRAMS.  PRIORITY  SHALL  BE GIVEN TO PROGRAMS AND PROVIDERS OF FAMILY
 DAY CARE AND HOME-BASED CARE.
   (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL CREATE  AND  MAKE
 WIDELY  AVAILABLE A CONSOLIDATED APPLICATION FOR THE STATEWIDE CHILDCARE
 WORKFORCE LIVING WAGE FUND NO LATER THAN JUNE FIRST, TWO THOUSAND  TWEN-
 TY-THREE.  ELIGIBILITY  FOR  THE FIRST ROUND OF PAYMENTS SHALL BE DETER-
 MINED BY JULY FIFTEENTH,  TWO  THOUSAND  TWENTY-THREE.  FIRST  ROUND  OF
 PAYMENTS  TO  PROVIDERS  WHO FILED APPLICATIONS ON OR BEFORE JULY FIRST,
 TWO THOUSAND TWENTY-THREE WILL BE MADE BY AUGUST FIFTEENTH, TWO THOUSAND
 TWENTY-THREE  TO  PROVIDE  COMPENSATION.  ALL  PROVIDERS  AND   PROGRAMS
 APPROVED  FOR  GRANTS  PURSUANT  TO  THIS  SUBDIVISION SHALL BE PROVIDED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10066-01-3
 A. 5753                             2
              

 
 TWELVE MONTHLY GRANT PAYMENTS, OR MONTHLY GRANT PAYMENTS UNTIL FUNDS ARE
 EXHAUSTED, WHICHEVER THE FORMER.
   § 2. The state finance law is amended by adding a new section 97-bbbbb
 to read as follows:
   §  97-BBBBB. STATEWIDE CHILDCARE WORKFORCE LIVING WAGE FUND. 1.  THERE
 IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER  AND
 THE  COMMISSIONER  OF  TAXATION  AND  FINANCE  A FUND TO BE KNOWN AS THE
 STATEWIDE CHILDCARE WORKFORCE LIVING WAGE FUND.
   2. THE STATEWIDE CHILDCARE WORKFORCE LIVING WAGE FUND SHALL CONSIST OF
 MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND
 OR SOURCE.
   3. MONEYS OF THE STATEWIDE CHILDCARE WORKFORCE LIVING WAGE FUND, SHALL
 BE MADE AVAILABLE TO THE COMMISSIONER OF  THE  OFFICE  OF  CHILDREN  AND
 FAMILY  SERVICES  FOR ACTIVITIES TO IMPROVE WORKFORCE CONDITIONS FOR THE
 EMPLOYEES OF ELIGIBLE CHILDCARE SERVICES AND PROGRAMS WHICH MAY INCLUDE,
 BUT NOT BE LIMITED TO, SALARY INCREASES, WORKFORCE RETENTION BONUSES AND
 RECRUITMENT BONUSES, INDIRECT COSTS ASSOCIATED WITH IMPLEMENTING  SALARY
 INCREASES  AND BONUSES, COSTS ASSOCIATED WITH EMPLOYEE HEALTH AND FRINGE
 BENEFITS AND MAY ALSO INCLUDE, PROVIDER PAY IF A PROVIDER'S PAY IS BELOW
 TWICE THE MINIMUM WAGE SET FORTH IN ARTICLE NINETEEN OF THE LABOR LAW.
   4. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL SUBMIT A REPORT TO
 THE GOVERNOR AND THE LEGISLATURE BY JANUARY THIRTY-FIRST,  TWO  THOUSAND
 TWENTY-FOUR AND ANNUALLY THEREAFTER DETAILING ALL EXPENDITURES MADE FROM
 THE  STATEWIDE  CHILDCARE WORKFORCE LIVING WAGE FUND DURING THE PREVIOUS
 YEAR, AND THE OFFICE'S PRIORITIES FOR ALLOCATING FUNDS FROM  THE  STATE-
 WIDE CHILDCARE WORKFORCE LIVING WAGE FUND FOR THE CURRENT YEAR.
   §  3.  1.  The sum of one billion dollars ($1,000,000,000), or so much
 thereof as may be necessary, is hereby appropriated out of any moneys in
 the general fund to the credit of the  office  of  children  and  family
 services,  which  are  necessary  for services and benefits necessary to
 implement projects and purposes authorized to receive funding  from  the
 statewide  childcare  workforce  living  wage  fund  pursuant to section
 97-bbbbb of the state finance law.
   2. Such moneys shall be payable on the audit and warrant of the  state
 comptroller  on  vouchers certified or approved in the manner prescribed
 by law.
   § 4. The office of children  and  family  services  shall  immediately
 establish  rules  and  regulations  for the timely implementation of the
 provisions of this act.
   § 5. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2023; provided,
 however, that the amendments to section 153-k of the social services law
 made  by  section  one  of  this act shall not affect the repeal of such
 section and shall be deemed to repeal therewith.