S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5899
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced  by  M.  of  A. HEVESI, DINOWITZ, KELLES, GALLAGHER, MAMDANI,
   CLARK, SIMON, P. CARROLL,  KIM,  WEPRIN,  GONZALEZ-ROJAS,  CUNNINGHAM,
   SIMONE,  RAGA  --  read once and referred to the Committee on Children
   and Families
 
 AN ACT to amend the social  services  law  and  the  education  law,  in
   relation  to  establishing  a universal child care taskforce; to amend
   the state finance law, in relation to establishing a  permanent  child
   care  workforce  pay  equity  fund;  to  amend  the  education law, in
   relation to establishing a universal child care  public  option  pilot
   program;  to  repeal  certain  provisions  of  the social services law
   relating to the child  care  availability  taskforce;  and  making  an
   appropriation 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  initial  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.
   The Task Force was subsequently charged with the duty of advising  the
 state  "in developing an implementation framework leading to a phased-in
 rollout of universal child care", and issued  another  report  in  April
 2024 that recommended items such as a "permanent line of funding for the
 child  care workforce" and the launch of "a state-run child care assist-
 ance pilot program". In January 2025 the Task Force released its  "Road-
 map  to Universal Child Care", which incorporates the recommendations in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06356-03-5
              

 A. 5899                             2
 
 the first two reports, and lays out key markers on the road to universal
 child care, including the "short term" goal of immediately  establishing
 a  "permanent  workforce compensation fund aimed at increasing wages for
 all members of the child care workforce and indexed to cost of living".
   This  legislation will implement the recommendations of the Task Force
 and 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  ulti-
 mately  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  minimized,  and where our child care system is truly
 universal.
   § 3. The social services law is amended by adding a new section  390-k
 to read as follows:
   § 390-K. UNIVERSAL CHILD CARE TASKFORCE. 1. THERE SHALL BE ESTABLISHED
 A  UNIVERSAL  CHILD  CARE  TASKFORCE FOR THE PURPOSE OF 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,  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 PUBLIC EDUCATION COMMUNITY;
   (I)  TWO REPRESENTATIVES FROM UNIONS THAT REPRESENT CHILD CARE PROVID-
 ERS; AND
   (J) AT LEAST ONE REPRESENTATIVE FROM EACH OF THE FOLLOWING ENTITIES:
 A. 5899                             3
 
   (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 SERVICES DISTRICT OR COUNTY GOVERNMENT  OR  AN  ENTITY
 THAT ADVOCATES ON BEHALF OF SOCIAL SERVICES OR COUNTY GOVERNMENTS;
   (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 IMPACTS OF THE EXPIRATION OF FEDERAL ASSIST-
 ANCE FOR 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  REQUIRE-
 MENTS,  WORK  REQUIREMENTS,  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, 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  SOLUTIONS  TO  ADDRESS  CHRONIC  CHILD  CARE WORKFORCE
 ISSUES, THE AVAILABILITY OF CHILD CARE FOR NON-TRADITIONAL  WORK  HOURS,
 AND  OTHER CONCERNS IDENTIFIED IN THE COURSE OF THE EXAMINATION REQUIRED
 BY THIS SUBDIVISION;
   (D) RECOMMEND FEDERAL LEGISLATIVE CHANGES NECESSARY TO  ACCESS  FEDER-
 ALLY  FUNDED PROGRAMS, AS WELL AS STATE FUNDING APPROPRIATIONS NEEDED TO
 COMPLETELY  ELIMINATE  MEANS-TESTING  REQUIREMENTS,  WORK  REQUIREMENTS,
 ACTIVITIES TESTS, AND IMMIGRATION STATUS REQUIREMENTS;
   (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
   (F) ANYTHING ELSE THE TASKFORCE DEEMS NECESSARY.
   4. (A) THE TASKFORCE SHALL REPORT A FOUR-YEAR PLAN FOR A PHASED  ROLL-
 OUT  OF  UNIVERSAL  CHILD CARE IN THE STATE, AND MAKE ANNUAL RECOMMENDA-
 TIONS, STARTING IN NOVEMBER  FIRST,  TWO  THOUSAND  TWENTY-FIVE  THROUGH
 NOVEMBER THIRTIETH, TWO THOUSAND TWENTY-SIX, FOR SPECIFIC APPROPRIATIONS
 FOR  BUDGET  ALLOCATIONS THAT WOULD ALLOW FOR A TRULY FREE AND UNIVERSAL
 CHILD CARE SYSTEM, INCLUDING, BUT NOT LIMITED TO: (I) WAGE INCREASES FOR
 CHILD CARE EDUCATORS 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  YORKERS. SUCH RECOMMENDATIONS SHALL BE BASED ON WHAT IS NEEDED
 A. 5899                             4
 
 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 ACHIEVING 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.
   (B) THE TASKFORCE  SHALL  ALSO  REPORT  ON  AND  MAKE  RECOMMENDATIONS
 REGARDING  AN  EMPLOYEE COMPENSATION SCALE FOR EARLY CHILDHOOD EDUCATORS
 AND CHILD CARE WORKERS IN ACCORDANCE WITH SECTION NINETY-SEVEN-BBBBB  OF
 THE STATE FINANCE LAW. THE TASKFORCE SHALL:
   (I)  REVIEW  THE  FINDINGS AND RECOMMENDATIONS OF THE WASHINGTON, D.C.
 EARLY CHILDHOOD EDUCATOR EQUITABLE COMPENSATION TASKFORCE FROM MARCH TWO
 THOUSAND TWENTY-THREE;
   (II) SUBMIT A SEPARATE REPORT TO THE  GOVERNOR,  THE  SPEAKER  OF  THE
 ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE NO LATER THAN DECEM-
 BER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE. SUCH REPORT SHALL:
   (1)  ASSESS  THE  EXPECTED  IMPACT OF IMPLEMENTING AN EMPLOYEE COMPEN-
 SATION SCALE FOR RAISING THE WAGES AND  BENEFITS  OF  WORKERS  IN  EARLY
 CHILDHOOD EDUCATION AND CHILD CARE PROGRAMS TO PARITY WITH PUBLIC SCHOOL
 TEACHERS;
   (2) PROPOSE AN EMPLOYEE COMPENSATION SCALE FOR CHILD DAY CARE PROGRAMS
 THAT ACCOUNTS FOR EMPLOYEE ROLE, CREDENTIALS, AND EXPERIENCE; AND
   (3) PROVIDE RECOMMENDATIONS FOR IMPLEMENTING THE EMPLOYEE COMPENSATION
 SCALE. SUCH RECOMMENDATIONS SHALL, AT A MINIMUM, CONSIDER: (A) EQUITABLE
 IMPLEMENTATION  THAT  ACCOUNTS FOR DIFFERENT STAFFING MODELS, TYPES, AND
 SIZES OF CHILD DAY CARE PROGRAMS; (B) HOW TO ALLOCATE FUNDS TO NEW CHILD
 DAY CARE PROGRAMS THAT OPEN AFTER THE EFFECTIVE DATE OF THIS  PARAGRAPH;
 (C)  HOW  TO  ENSURE  THAT FUNDS SUPPORT THE CHILD CARE WORKFORCE RATHER
 THAN PRIVATE FOR-PROFIT INVESTORS; AND (D)  HOW  TO  ENSURE  THAT  FUNDS
 SUPPORT PROGRAMS THAT PROVIDE CARE TO SUBSIDY-ELIGIBLE FAMILIES;
   (III)  PROVIDE GUIDANCE AS TO HOW TO ALLOCATE THE PERMANENT CHILD CARE
 WORKFORCE PAY EQUITY FUND FOR FISCAL YEARS TWO THOUSAND TWENTY-SIX,  TWO
 THOUSAND  TWENTY-SEVEN, TWO THOUSAND TWENTY-EIGHT AND TWO THOUSAND TWEN-
 TY-NINE, ASSUMING THAT THE AMOUNT AVAILABLE  TO  THE  FUND  INCLUDES  AN
 ANNUAL  APPROPRIATION  OF  ONE BILLION TWO HUNDRED MILLION DOLLARS, PLUS
 ANY AMOUNTS ADJUSTED FOR INFLATION IN YEARS BEYOND FISCAL YEAR TWO THOU-
 SAND TWENTY-FIVE. THE TASKFORCE MAY ALSO RECOMMEND THAT  SUCH  APPROPRI-
 ATIONS EXCEED ONE BILLION TWO HUNDRED MILLION DOLLARS; AND
   (IV) MAKE RECOMMENDATIONS REGARDING OVERSIGHT, REPORTING, AND ACCOUNT-
 ABILITY  MECHANISMS  FOR  THE  USE  OF FUNDS ALLOCATED TO CHILD DAY CARE
 PROGRAMS FROM THE PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND.
   § 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 MAINTAIN A  PUBL-
 ICLY-SEARCHABLE,  USER-FRIENDLY,  AND  LANGUAGE-ACCESSIBLE  DATABASE  OF
 AVAILABLE CHILD CARE FACILITIES ON THE OFFICE'S WEBSITE AND ON A COMPAN-
 A. 5899                             5
 
 ION 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
 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]
 OBLIGATED, provided funds have been made available therefor, to  provide
 day care at public expense for children residing in [his] THEIR territo-
 ry [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 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.
 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 is] OFFICE OF CHILDREN AND FAMILY
 SERVICES AND THE DEPARTMENT  OF  EDUCATION  ARE  hereby  designated  and
 empowered  to act as the [agent] AGENTS of the state in carrying out the
 provisions of any such federal law with respect to such day care facili-
 ties 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 REIM-
 BURSED 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
 A. 5899                             6
 
 REASONABLE EFFORTS TO MAXIMIZE THE ALLOCATION OF FEDERAL FUNDS BY MAKING
 SUFFICIENT STATE-LEVEL APPROPRIATIONS.
   §  7. Subdivisions 5, 6, 7, 8, 9 and 10 of section 410-x of the social
 services law are renumbered subdivisions 6, 7, 8, 9, 10 and 11 and a new
 subdivision 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 RIGOR-
 OUS 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  AND  THE  DEPARTMENT OF EDUCATION, 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 assist-
 ance  provided under the block grant as the [department] OFFICE OF CHIL-
 DREN 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-SIX  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.
 A. 5899                             7
 
   § 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
 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.  The commissioner shall give pref-
 erence 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 6 of part U of chapter 56 of the  laws  of  2023,  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-
 A. 5899                             8
 
 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  one  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  7 of section 410-x of the social services law, as
 amended by section 7 of part U of chapter 56 of the laws of 2023, and as
 renumbered by section seven of this act, is amended to read as follows:
   7. 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 one percent of their income exceeding the federal poverty
 level, WHICHEVER IS LOWER, AND THAT SUCH COST SHALL BE COVERED  ENTIRELY
 BY THE STATE.
   §  12.  Paragraph (a) of subdivision 11 of section 410-x of the social
 services law, as added by section 1 of part Y of chapter 56 of the  laws
 of  2024,  and as renumbered by section seven of this act, is amended to
 read as follows:
   (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 [no less than
 ten percent higher but no greater than fifteen]  TWENTY  percent  higher
 than  the  actual  cost of care or the applicable market-related payment
 rate established by the office in regulations, whichever is less.
   § 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] THEIR 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 inter-
 est 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]
 A. 5899                             9
 
 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  RECOM-
 MENDED  BY  THE  TASKFORCE ESTABLISHED PURSUANT TO 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  and
 subdivision 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]
 EDUCATORS, 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, WITHOUT 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.
 A. 5899                            10
 
   § 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 and 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]    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 PURSUANT
 TO 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  ESTAB-
 LISHED PURSUANT TO 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 U of  chapter  56  of
 the laws of 2023 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.  Such  child day care shall be
 authorized for the period designated by the regulations of  the  depart-
 ment;
   (b) families with incomes up to eighty-five percent of the state medi-
 an  income  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; provided
 that the family received public assistance at least  three  of  the  six
 months  preceding  the  month  in  which eligibility for such assistance
 A. 5899                            11

 terminated or ended or provided that such family has received child care
 assistance under subdivision four of this section;
   (c) families with incomes up to eighty-five percent of the state medi-
 an  income,  which  are determined in accordance with the regulations of
 the department to be at risk of becoming dependent on family assistance;
   (d) families with incomes up to eighty-five percent of the state medi-
 an income, who are attending a post secondary educational program; and
   (e) other families with incomes up to eighty-five percent of the state
 median income 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 REGU-
 LATIONS. TO THE EXTENT THAT FAMILIES ARE NOT ELIGIBLE FOR FUNDING PURSU-
 ANT 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 ESTABLISHED
 PURSUANT TO 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  AND  SCHOOL
 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 FAMI-
 LY 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
 amended by section 1 of part U of chapter 56 of the  laws  of  2023,  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 [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  PRIORITY GIVEN TO PERSONS who are at or below [eighty-five percent
 A. 5899                            12

 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  assisting social services districts in
 assessing and responding to child  care  needs  for  ALL  persons,  WITH
 PRIORITY  GIVEN TO PERSONS 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 agen-
 cies 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 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 ESTABLISHED PURSUANT TO 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
 A. 5899                            13
 
 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 EDUCATORS, PURSUANT TO  THE  GUID-
 ANCE  ESTABLISHED BY THE TASKFORCE ESTABLISHED PURSUANT TO 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 department 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 admin-
 istrative 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]  SUCH  DEPUTY
 COMMISSIONER  by  rule  and  who,  in  the  absence or disability of the
 commissioner or when a vacancy exists in  the  office  of  commissioner,
 shall exercise and perform the functions, powers and duties conferred or
 imposed on the commissioner by this chapter.  The regents of The Univer-
 sity  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 contin-
 ue  to  be governed and all its corporate powers to be exercised by such
 board.
   § 21. The state finance  law  is  amended  by  adding  a  new  section
 97-bbbbb to read as follows:
   §  97-BBBBB. STATEWIDE PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND.
 1.  THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE  COMP-
 TROLLER  AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN
 AS THE "PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND".
   2. THE PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND SHALL CONSIST OF
 MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND
 OR SOURCE. ANY UNEXPENDED  AND  UNENCUMBERED  MONEYS  REMAINING  IN  THE
 PERMANENT  CHILD  CARE  WORKFORCE PAY EQUITY FUND AT THE END OF A FISCAL
 YEAR SHALL REMAIN IN THE PERMANENT CHILD CARE WORKFORCE PAY EQUITY  FUND
 AND  SHALL  NOT  BE CREDITED TO ANY OTHER FUND. ANY INTEREST RECEIVED BY
 THE COMPTROLLER ON MONEYS ON DEPOSIT IN THE FUND SHALL  BE  RETAINED  IN
 AND BECOME A PART OF SUCH FUND.
   3.  MONEYS OF THE PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND SHALL
 BE MADE AVAILABLE TO THE COMMISSIONER OF  THE  OFFICE  OF  CHILDREN  AND
 FAMILY  SERVICES  FOR  ACTIVITIES  TO  IMPROVE  WORKFORCE CONDITIONS FOR
 EMPLOYEES OF ELIGIBLE CHILD CARE SERVICES  AND  PROGRAMS,  AND  TO  HELP
 A. 5899                            14
 
 ENSURE  ELIGIBLE  PROGRAMS  CAN  OPERATE  AT HIGH QUALITY AND AT MAXIMUM
 CAPACITY. ALLOWABLE USES OF THESE FUNDS MAY INCLUDE, BUT NOT BE  LIMITED
 TO, SALARY INCREASES, WORKFORCE RETENTION BONUSES AND RECRUITMENT BONUS-
 ES,  INDIRECT  COSTS  ASSOCIATED  WITH IMPLEMENTING SALARY INCREASES AND
 BONUSES, COSTS ASSOCIATED WITH EMPLOYEE  HEALTH,  AND  FRINGE  BENEFITS.
 MONEYS  AWARDED  TO A PROGRAM IN ACCORDANCE WITH THIS SECTION SHALL MEET
 THE FOLLOWING REQUIREMENTS:
   (A) NO LESS THAN SEVENTY-FIVE PERCENT OF MONEYS AWARDED TO  A  PROGRAM
 FROM THE PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND SHALL BE USED TO
 INCREASE COMPENSATION AND/OR BENEFITS FOR EMPLOYEES IN A DIRECT CAREGIV-
 ING ROLE WITH CHILDREN;
   (B)  NO  LESS THAN TEN PERCENT OF MONEYS AWARDED TO A PROGRAM FROM THE
 PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND SHALL BE USED TO INCREASE
 COMPENSATION AND/OR BENEFITS FOR EMPLOYEES, ADMINISTRATORS, OWNER-OPERA-
 TORS, WHO ARE NOT IN A DIRECT CAREGIVING ROLE WITH CHILDREN; AND
   (C) ALL REMAINING MONEYS AWARDED TO A PROGRAM FROM THE PERMANENT CHILD
 CARE WORKFORCE PAY EQUITY FUND SHALL BE USED AT  PROGRAM  DISCRETION  TO
 SUPPORT  THE  WORKFORCE,  EXPAND  PROGRAM  CAPACITY, AND IMPROVE PROGRAM
 QUALITY.
   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-SIX AND ANNUALLY THEREAFTER DETAILING ALL EXPENDITURES AWARDED TO
 A  PROGRAM  FROM THE PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND, AND
 THE OFFICE'S PRIORITIES FOR ALLOCATING FUNDS FROM  THE  PERMANENT  CHILD
 CARE WORKFORCE PAY EQUITY FUND.
   5.  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION AND ANNUALLY
 THEREAFTER, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL  ESTABLISH,
 BY REGULATION, A MINIMUM COMPENSATION SCALE FOR THE CHILD CARE WORKFORCE
 THAT  IS  INCLUSIVE  OF  ALL MEMBERS OF THE WORKFORCE, NOT JUST THOSE IN
 DIRECT CAREGIVING ROLES WITH CHILDREN, AND IS STRUCTURED TO  NOT  INTER-
 FERE  WITH  EXISTING  OR FUTURE COLLECTIVE BARGAINING. SUCH COMPENSATION
 SCALE SHALL SEEK TO ELEVATE WAGES OF CHILD CARE EDUCATORS TO PARITY WITH
 THOSE OF SIMILARLY SITUATED PUBLIC SCHOOL EDUCATORS AND SHALL BE  DEVEL-
 OPED  IN  CONSULTATION WITH THE DEPARTMENT OF LABOR, THE STATE EDUCATION
 DEPARTMENT,  UNIONS  REPRESENTING  CHILD  CARE  WORKERS  AND  PROVIDERS,
 MEMBERS  OF  THE  CHILD  CARE ADVOCACY COMMUNITY, AND REPRESENTATIVES OF
 CHILD CARE PROGRAMS OF  ALL  MODALITIES,  FROM  AROUND  THE  STATE.  ALL
 PARTICIPANTS SHALL BE PERMITTED TO REVIEW AND COMMENT ON THE DRAFT MINI-
 MUM COMPENSATION SCALE, WHICH SHALL BE PUBLISHED ANNUALLY, NO LATER THAN
 DECEMBER  THIRTY-FIRST  IN ANY GIVEN CALENDAR YEAR FOLLOWING THE INITIAL
 REPORT.
   6. TO BE ELIGIBLE TO BE AWARDED MONEYS FROM THE PERMANENT  CHILD  CARE
 WORKFORCE  PAY  EQUITY  FUND,  A PROGRAM MUST ACCEPT FAMILIES PAYING FOR
 CHILD CARE BY MEANS OF THE NEW YORK CHILD CARE  ASSISTANCE  PROGRAM.  IN
 ADDITION,   UPON  IMPLEMENTATION  OF  THE  MINIMUM  COMPENSATION  SCALE,
 PROGRAMS MUST AGREE TO MEET THE MINIMUM  COMPENSATION  REQUIREMENTS  AND
 AGREE  TO  REASONABLE  REPORTING  REQUIREMENTS REGARDING THE USE OF SUCH
 FUNDS.
   7. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL MAINTAIN A FORMULA
 FOR DISTRIBUTING FUNDS TO CHILD CARE PROVIDERS WHICH SHALL GIVE  PREFER-
 ENCE TO PROVIDERS THAT SERVE: (I) HIGH NUMBERS OF CHILDREN RECEIVING NEW
 YORK  CHILD CARE ASSISTANCE PROGRAM SUBSIDIES; (II) HIGH NUMBERS OF HIGH
 NEEDS CHILDREN; AND (III) UNIQUE POPULATIONS OR THAT  OTHERWISE  ADVANCE
 THE INTEREST OF THE PROGRAM AS DETERMINED BY THE DEPARTMENT.
   SUCH  FORMULA  FOR  DISTRIBUTING  FUNDS  SHALL  CONSIDER: (I) LICENSED
 CAPACITY AND ENROLLMENT INCLUDING THE AGES OF THE CHILDREN ENROLLED  AND
 A. 5899                            15

 THE  AGES  OF THE CHILDREN FOR WHOM THE PROVIDER HAS CAPACITY; PROVIDED,
 HOWEVER, THAT ENROLLMENT SHALL BE MEASURED BY THE DEPARTMENT USING QUAR-
 TERLY ENROLLMENT AVERAGES OR, IF DEEMED APPROPRIATE BY  THE  DEPARTMENT,
 USING  ENROLLMENT  AVERAGES THAT ARE MEASURED LESS FREQUENTLY THAN QUAR-
 TERLY; (II) COSTS ASSOCIATED WITH EMPLOYEE COMPENSATION, INCLUDING SALA-
 RIES AND BENEFITS; (III) THE NUMBER OF ENROLLED CHILDREN  RECEIVING  NEW
 YORK  CHILD CARE ASSISTANCE PROGRAM SUBSIDIES; (IV) THE DEMOGRAPHICS AND
 INCOME OF FAMILIES SERVED, INCLUDING THE NUMBER OF CHILDREN ENROLLED AND
 IDENTIFIED AS HIGH NEEDS;  (V)  THE  BUSINESS  STRUCTURE  OF  PROVIDERS;
 PROVIDED,  HOWEVER, THAT LARGER INVESTOR-OWNED PROVIDERS SHALL BE DEPRI-
 ORITIZED AND ONLY ELIGIBLE FOR FUNDING IF THE COMMISSIONER OF THE OFFICE
 OF CHILDREN AND FAMILY SERVICES  PERSONALLY  CERTIFIES  ELIGIBILITY  FOR
 SUCH  FUNDS  AND  IS  PROVIDED AN ASSURANCE AS TO HOW SUCH FUNDS WILL BE
 USED TO SUPPORT THE CHILD CARE WORKFORCE AND THAT SUCH  FUNDS  WILL  NOT
 SERVE TO ENRICH PRIVATE FOR-PROFIT INVESTORS; AND (VI) ANY OTHER FACTORS
 IMPACTING THE COST OF PROVIDING QUALITY EARLY EDUCATION AND CARE INCLUD-
 ING,  BUT  NOT  LIMITED  TO,  SERVING  INFANTS  AND  TODDLERS, PROVIDING
 NONSTANDARD HOURS OF CARE, AND PROVIDING CARE IN  SOCIALLY  AND  ECONOM-
 ICALLY  DISADVANTAGED AND HISTORICALLY UNDERREPRESENTED COMMUNITIES WITH
 SHORTAGES OF EARLY EDUCATION AND CARE SLOTS. THE OFFICE OF CHILDREN  AND
 FAMILY SERVICES SHALL INCORPORATE GEOGRAPHIC EQUITY INTO THE DEVELOPMENT
 OF  THE  FORMULA  AND,  TO THE BEST OF THEIR ABILITY, CALCULATE PAYMENTS
 SUCH THAT ALL FUNDS ARE DISTRIBUTED TO ELIGIBLE PROVIDERS EACH YEAR.
   § 22. Section 153-k of the social services law is amended by adding  a
 new subdivision 13 to read as follows:
   13.  (A)  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL IMMEDIATELY
 ESTABLISH RULES AND REGULATIONS FOR THE DISTRIBUTION OF FUNDS  FROM  THE
 PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND.
   (B)  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES SHALL ESTABLISH AND
 MAKE WIDELY AVAILABLE A CONSOLIDATED APPLICATION FOR THE PERMANENT CHILD
 CARE WORKFORCE PAY EQUITY FUND NO LATER THAN  ONE  HUNDRED  EIGHTY  DAYS
 AFTER  THE EFFECTIVE DATE OF THIS SUBDIVISION. ELIGIBILITY FOR THE FIRST
 ROUND OF PAYMENTS FROM THE PERMANENT CHILD  CARE  WORKFORCE  PAY  EQUITY
 FUND  SHALL  BE  DETERMINED WITHIN SIXTY DAYS AFTER THE APPLICATIONS ARE
 MADE AVAILABLE, WITH THE FIRST ROUND OF PAYMENTS DISBURSED WITHIN THIRTY
 DAYS OF ELIGIBILITY DETERMINATION. ALL PROVIDERS AND  PROGRAMS  APPROVED
 FOR  FUNDS  PURSUANT  TO  THIS SUBDIVISION SHALL BE PROVIDED PAYMENTS AT
 LEAST QUARTERLY FOR SO LONG AS THE PROGRAM  REMAINS  ELIGIBLE  OR  UNTIL
 FUNDS  ARE  EXHAUSTED.  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
 DETERMINE A SIMPLE PROCESS FOR PROGRAMS  TO  RECERTIFY  ELIGIBILITY  FOR
 SUCH FUNDS AT AN INTERVAL OF NO LESS THAN EVERY TWENTY-FOUR MONTHS.
   §  23. The education law is amended by adding a new article 25 to read
 as follows:
 
                                ARTICLE 25
             UNIVERSAL CHILD CARE PUBLIC OPTION PILOT PROGRAM
 SECTION 1220. LEGISLATIVE FINDINGS.
         1221. UNIVERSAL CHILD CARE PUBLIC OPTION PILOT PROGRAM.
         1222. ADMINISTRATION.
         1223. SELECTION OF LOCATIONS.
         1224. UNIVERSAL ADMISSIONS.
         1225. PAY PARITY FOR CHILD CARE EDUCATORS.
         1226. EMPLOYEE PROTECTIONS.
         1227. FACILITATED ENROLLMENT AND ASSISTANCE FOR APPLICANTS.
         1228. ANNUAL REPORTING.
 A. 5899                            16

   § 1220. LEGISLATIVE FINDINGS. NEW YORK STATE  IS  CURRENTLY  FACING  A
 CHILD  CARE  CRISIS.  CHILD CARE IS UNAFFORDABLE AND UNAVAILABLE FOR TOO
 MANY NEW YORKERS, AND THE CHILD CARE  WORKFORCE  HAS  BEEN  HISTORICALLY
 UNDERPAID AND UNDERVALUED. MOREOVER, THERE IS A TROUBLING LACK OF CAPAC-
 ITY,  WITH  3.4  CHILDREN  UNDER  THE AGE OF SIX YEARS OLD FOR EVERY ONE
 CHILD CARE SLOT AVAILABLE WITHIN THE STATE. IN  ORDER  TO  ADDRESS  THIS
 CHILD  CARE  CRISIS,  THE  CHILD  CARE  AVAILABILITY TASK FORCE ISSUED A
 REPORT IN APRIL TWO THOUSAND TWENTY-FOUR,  SUBJECT  TO  ITS  MANDATE  TO
 ASSIST  IN  "DEVELOPING  A  FRAMEWORK  LEADING  TO  PHASED-IN ROLLOUT OF
 UNIVERSAL CHILD CARE". THE FINAL REPORT ADVISED THAT THE  STATE  OF  NEW
 YORK SHOULD "LAUNCH AND EVALUATE A STATE-RUN CHILD CARE ASSISTANCE PILOT
 PROGRAM"  IN  ORDER  TO ADDRESS THESE SIGNIFICANT GAPS AND MOVE NEW YORK
 STATE TOWARDS A SYSTEM OF TRULY UNIVERSAL AND HIGH-QUALITY  CHILD  CARE.
 NEW  YORK  HAS  ONE  OF THE WEALTHIEST ECONOMIES IN THE WORLD, AND IT IS
 MORE THAN CAPABLE OF DEVELOPING A SYSTEM OF UNIVERSAL  CHILD  CARE  THAT
 PROVIDES  HIGH-QUALITY  PROGRAMMING,  PAYS ITS EDUCATORS WAGES AT PARITY
 WITH THOSE OF PUBLIC SCHOOL EDUCATORS, AND  IS  FREE  AT  THE  POINT  OF
 SERVICE JUST LIKE OUR PUBLIC SCHOOL SYSTEM.
   §  1221. UNIVERSAL CHILD CARE PUBLIC OPTION PILOT PROGRAM. THE COMMIS-
 SIONER AND THE  COMMISSIONER  OF  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES ARE HEREBY DIRECTED TO JOINTLY ESTABLISH A UNIVERSAL CHILD CARE
 PUBLIC OPTION PILOT PROGRAM, WITHIN AMOUNTS APPROPRIATED THEREFOR, IN NO
 FEWER  THAN TWENTY LOCATIONS THROUGHOUT THE STATE IN ACCORDANCE WITH THE
 PROVISIONS OF THIS ARTICLE.
   § 1222. ADMINISTRATION. THE UNIVERSAL CHILD CARE PUBLIC  OPTION  PILOT
 PROGRAM  SHALL  BE  JOINTLY  ADMINISTERED  BY  THE  COMMISSIONER AND THE
 COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE  COMMIS-
 SIONER  AND  THE  COMMISSIONER  OF  THE  OFFICE  OF  CHILDREN AND FAMILY
 SERVICES SHALL HOLD A  SERIES  OF  PUBLIC  HEARINGS,  CONSULT  WITH  ALL
 MEMBERS  OF  THE  UNIVERSAL CHILD CARE TASKFORCE ESTABLISHED PURSUANT TO
 SECTION THREE HUNDRED NINETY-K OF THE SOCIAL SERVICES LAW, CONSULT  WITH
 ALL  UNIONS  THAT  REPRESENT  CHILD  CARE WORKERS IN NEW YORK STATE, AND
 JOINTLY PUBLISH AN IMPLEMENTATION PLAN NO LATER  THAN  DECEMBER  THIRTY-
 FIRST,  TWO  THOUSAND TWENTY-FIVE OUTLINING A PATH TO BEGIN IMPLEMENTING
 THE PILOT PROGRAM ESTABLISHED PURSUANT TO THIS  ARTICLE  IN  CONJUNCTION
 WITH  THE  TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX FISCAL YEAR
 BUDGET.
   § 1223. SELECTION OF LOCATIONS. THE COMMISSIONER AND THE  COMMISSIONER
 OF  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES SHALL JOINTLY SELECT NO
 FEWER THAN TWENTY LOCATIONS THROUGHOUT THE STATE TO ESTABLISH NEW  CHILD
 CARE  PROGRAMS.  THESE LOCATIONS SHALL BE SELECTED BASED ON FACTORS THAT
 INCLUDE, BUT ARE NOT LIMITED TO, THE NEED FOR  HIGH-QUALITY  CHILD  CARE
 AND  THE  LACK OF AVAILABILITY OF HIGH-QUALITY CHILD CARE IN THE REGION.
 EXISTING CHILD CARE PROVIDERS WHO ARE FINANCIALLY STRUGGLING  DUE  TO  A
 LACK  OF STATE SUPPORT, OR WHO ARE CAPABLE OF EXPANDING THEIR OPERATIONS
 TO PROVIDE FURTHER HIGH-QUALITY CARE,  SHALL  BE  GIVEN  THE  OPTION  OF
 OPTING IN TO PARTICIPATE IN THE UNIVERSAL CHILD CARE PUBLIC OPTION PILOT
 PROGRAM,  PROVIDED  THAT  THEY CAN OFFER EXPANDED HIGH-QUALITY CARE WITH
 STATE SUPPORTS UNDER THE PROGRAM.
   § 1224. UNIVERSAL ADMISSIONS. THE UNIVERSAL CHILD CARE  PUBLIC  OPTION
 PILOT  PROGRAM  SHALL  NOT  DISCRIMINATE  IN  ITS  ADMISSIONS, AND SHALL
 PROVIDE CHILD CARE REGARDLESS  OF  AGE,  RACE,  CREED,  COLOR,  NATIONAL
 ORIGIN, CITIZENSHIP OR IMMIGRATION STATUS, SEXUAL ORIENTATION, OR GENDER
 IDENTITY  OR  EXPRESSION, MILITARY STATUS, SEX, DISABILITY, PREDISPOSING
 GENETIC CHARACTERISTICS, FAMILIAL STATUS, OR MARITAL STATUS. THERE SHALL
 A. 5899                            17
 
 BE NO MEANS TESTING FOR ADMISSION, AND CARE SHALL BE  PROVIDED  FREE  AT
 THE POINT OF SERVICE.
   §  1225. PAY PARITY FOR CHILD CARE EDUCATORS. THE UNIVERSAL CHILD CARE
 PUBLIC OPTION PILOT PROGRAM SHALL ESTABLISH HIGH QUALITY  PAY  FOR  HIGH
 QUALITY  PROGRAMMING.  THE  UNIVERSAL  CHILD  CARE  PUBLIC  OPTION PILOT
 PROGRAM SHALL PAY STAFF ADEQUATE  WAGES  AND  BENEFITS  AT  PARITY  WITH
 PUBLIC SCHOOL TEACHERS WITH SIMILAR EXPERIENCE AND QUALIFICATIONS.
   §  1226.  EMPLOYEE PROTECTIONS. PRIOR TO SUBMITTING ITS IMPLEMENTATION
 PLAN, THE COMMISSIONER AND THE COMMISSIONER OF THE  OFFICE  OF  CHILDREN
 AND  FAMILY  SERVICES SHALL CONSULT WITH ALL UNIONS THAT REPRESENT CHILD
 CARE WORKERS IN NEW YORK STATE REGARDING  MATTERS  OF  COMPENSATION  AND
 REPRESENTATION,  IN  ORDER  TO  ENSURE  THAT  THE  CHILD  CARE WORKFORCE
 EMPLOYED PURSUANT TO  THE  UNIVERSAL  CHILD  CARE  PUBLIC  OPTION  PILOT
 PROGRAM IS PROPERLY REPRESENTED AND CAN COLLECTIVELY BARGAIN.
   § 1227. FACILITATED ENROLLMENT AND ASSISTANCE FOR APPLICANTS. IN ADDI-
 TION  TO  ESTABLISHING  NO  FEWER  THAN  TWENTY NEW UNIVERSAL CHILD CARE
 PROGRAM LOCATIONS, THE UNIVERSAL CHILD CARE PUBLIC OPTION PILOT  PROGRAM
 SHALL  ALSO  ASSIST IN SERVING THE NEEDS OF APPLICANTS THAT IT IS UNABLE
 TO ACCOMMODATE WITHIN THE NEW LOCATIONS THAT ARE TO BE ESTABLISHED UNDER
 THE PILOT PROGRAM. ONCE THE NEW LOCATIONS REACH THEIR MAXIMUM  CAPACITY,
 THE  UNIVERSAL  CHILD  CARE  PUBLIC OPTION PILOT PROGRAM SHALL ASSIST IN
 PLACING ADDITIONAL APPLICANTS, WORKING IN CONNECTION WITH EXISTING CHILD
 CARE RESOURCE AND REFERRAL AGENCIES  AS  WELL  AS  EXISTING  FACILITATED
 ENROLLMENT  PROGRAMS,  AT  EXISTING  CHILD  CARE  FACILITIES,  AND SHALL
 PROVIDE FURTHER FINANCIAL ASSISTANCE, SUBJECT TO APPROPRIATIONS  IN  THE
 ANNUAL BUDGET.
   §  1228.  ANNUAL REPORTING. IN ORDER TO EVALUATE THE IMPLEMENTATION OF
 THE UNIVERSAL CHILD CARE PUBLIC OPTION PILOT PROGRAM,  THE  COMMISSIONER
 AND THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
 JOINTLY  PUBLISH  AN ANNUAL REPORT THAT INCLUDES, BUT IS NOT LIMITED TO,
 THE NUMBER OF CHILDREN AND FAMILIES SERVED BY THE PROGRAM, THE WAGES  OF
 THE WORKFORCE, THE NUMBER OF APPLICANTS FOR THE PILOT PROGRAM, AND AREAS
 WHERE  FURTHER  EXPANSION  OF  THE PILOT PROGRAM OR FINANCIAL ASSISTANCE
 WOULD BE BENEFICIAL.
   §  24.    The  sum  of  one  billion  two  hundred   million   dollars
 ($1,200,000,000),  or  so  much  thereof  as may be necessary, is hereby
 appropriated to the office of children and family services  out  of  any
 moneys  in  the  state treasury in the general fund to the credit of the
 permanent child care workforce pay equity  fund  account  not  otherwise
 appropriated  for  the  purposes  of carrying out the provisions of this
 act. Such moneys shall be payable on the audit and warrant of the  state
 comptroller  on  vouchers  certified  or approved by the commissioner of
 children and family services, or  such  commissioner's  duly  designated
 representative in the manner provided by law.
   §  25. This act shall take effect immediately; provided, however, that
 if section one of part Y of chapter 56 of the laws  of  2024  shall  not
 have  taken effect on or before such date, then the amendments to subdi-
 vision 11 of section 410-x of the social services law  made  by  section
 twelve  of  this  act shall take effect on the same date and in the same
 manner as such chapter of the  laws  of  2024  takes  effect;  provided,
 further, that the amendments to section 153-k of the social services law
 made  by  section  twenty-two of this act shall not affect the repeal of
 such section and shall be deemed repealed therewith.