NY State Senate Bill 2023-S3245

Current 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 03, 2024	referred to finance
Jan 30, 2023	referred to finance

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2023-S3245 (ACTIVE) - Details

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-qq, 99-rr & 99-ss, St Fin L
Versions Introduced in 2021-2022 Legislative Session:: S7595

2023-S3245 (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.

2023-S3245 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3245

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-oo, 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 65t 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:

2021-22: S.7595

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
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.

2023-S3245 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3245
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sens.  BRISPORT,  BAILEY, BROUK, CLEARE, COMRIE, COONEY,
   GOUNARDES, HINCHEY, HOYLMAN-SIGAL, JACKSON,  KAVANAGH,  KENNEDY,  LIU,
   MYRIE,  RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY,
   THOMAS -- 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. 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
 public education system is free and available for all, where  burdensome
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05105-02-3

 S. 3245                             2
 
 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]  UNIVERSAL  care [availability] taskforce. 1. There
 shall be established [within the office of children and family services]
 a UNIVERSAL 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] PUBLIC EDUCATION  communi-
 ty;
   (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;
 S. 3245                             3
 
   (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; AND
   (X) AN ACADEMIC RESEARCH INSTITUTION, WITH EXPERTISE REGARDING DIFFER-
 ENT INTERNATIONAL CHILD CARE SYSTEMS.
   3. The taskforce shall:
   (a) examine the NEGATIVE impact of the COVID-19 pandemic on child care
 in New York state, AS WELL AS THE  NEGATIVE  IMPACTS  PRESENTED  BY  THE
 MULTIPLICITY  OF DIFFERENT AGENCIES ADMINISTERING THE CHILD CARE SYSTEM,
 AND THE DIFFICULTIES POSED BY MEANS-TESTING REQUIREMENTS, WORK  REQUIRE-
 MENTS, ACTIVITIES TESTS, AND IMMIGRATION STATUS REQUIREMENTS;
   (b) advise the state in developing an implementation framework leading
 to a FOUR-YEAR phased-in rollout of universal child care [using existing
 state  and federal resources], WHICH IS FREE AT THE POINT OF SERVICE FOR
 ALL FAMILIES, WHICH DELIVERS HIGH-QUALITY CHILD CARE TO ALL NEW YORKERS,
 AND WHICH OFFERS SALARIES TO EDUCATORS COMPARABLE  TO  THOSE  OF  PUBLIC
 SCHOOL TEACHERS;
   (c)  recommend [potential] solutions[, partnerships, or other ways] to
 address chronic child care workforce issues, THE AVAILABILITY  OF  CHILD
 CARE  FOR  NON-TRADITIOINAL WORK HOURS, and other concerns identified in
 the course of the examination required by this subdivision;
   (d) [assess the implementation of  policies  supported  by]  RECOMMEND
 FEDERAL   LEGISLATIVE  CHANGES  NECESSARY  TO  ACCESS  federally  funded
 programs [through various stimulus packages], AS WELL AS  STATE  FUNDING
 APPROPRIATIONS  NEEDED  TO  COMPLETELY  ELIMINATE MEANS-TESTING REQUIRE-
 MENTS, WORK  REQUIREMENTS,  ACTIVITIES  TESTS,  AND  IMMIGRATION  STATUS
 REQUIREMENTS; [and]
   (E)  HOW  BEST TO PHASE IN THE ESTABLISHMENT OF A DEDICATED DEPARTMENT
 OF EARLY EDUCATION, 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)] (F) 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
 S. 3245                             4

 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
 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
 S. 3245                             5

 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.
   §  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
 S. 3245                             6
 
 [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
 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
 S. 3245                             7
 
 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
 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-
 S. 3245                             8
 
 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
 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
 S. 3245                             9
 
 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
 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
 S. 3245                            10
 
 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
 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
 S. 3245                            11
 
 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:
   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
 S. 3245                            12

 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
 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
 S. 3245                            13
 
 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 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
 S. 3245                            14

 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
 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.
 S. 3245                            15
 
   (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.

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Senate Bill S3245

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

co-Sponsors

2023-S3245 (ACTIVE) - Details

2023-S3245 (ACTIVE) - Summary

2023-S3245 (ACTIVE) - Sponsor Memo

2023-S3245 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3245

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Sponsored By

Current Bill Status - In Senate Committee Finance Committee

co-Sponsors

2023-S3245 (ACTIVE) - Details

2023-S3245 (ACTIVE) - Summary

2023-S3245 (ACTIVE) - Sponsor Memo

2023-S3245 (ACTIVE) - Bill Text download pdf

Comments