Rpld §410 sub 3 ¶(b), amd Soc Serv L, generally; amd §101, add Art 25 §§1220 - 1228, Ed L; add §§97-bbbbb, St
Fin L
Establishes the universal child care act to provide for the establishment and funding of universal child care in the state of New York; establishes a universal child care taskforce to help implement universal child care in the state and repeals certain provisions of the social services law relating thereto; establishes the permanent child care workforce pay equity fund; establishes a universal child care public option pilot program to provide universal child care in at least twenty locations throughout the state; makes an appropriation therefor.
STATE OF NEW YORK
________________________________________________________________________
5899
2025-2026 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "universal child care act".
3 § 2. Legislative findings. The legislature hereby finds and declares
4 that New York State's child care sector is facing an economic crisis. In
5 2018, the legislature created a Child Care Availability Task Force. In
6 2021, that Task Force issued its initial report, finding that the
7 current crisis "requires a dramatically different approach to child
8 care: one that recognizes that high-quality child care is a public good
9 and that provides the necessary public investment" to implement a system
10 of high-quality universal child care.
11 The Task Force was subsequently charged with the duty of advising the
12 state "in developing an implementation framework leading to a phased-in
13 rollout of universal child care", and issued another report in April
14 2024 that recommended items such as a "permanent line of funding for the
15 child care workforce" and the launch of "a state-run child care assist-
16 ance pilot program". In January 2025 the Task Force released its "Road-
17 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
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1 the first two reports, and lays out key markers on the road to universal
2 child care, including the "short term" goal of immediately establishing
3 a "permanent workforce compensation fund aimed at increasing wages for
4 all members of the child care workforce and indexed to cost of living".
5 This legislation will implement the recommendations of the Task Force
6 and move New York towards such a dramatically new system, where child
7 care workers are treated with dignity and compensated generously as the
8 educators that they are, where child care is free and available to all
9 just like our public education system is free and available for all,
10 where burdensome and ineffective means-testing requirements are ulti-
11 mately eliminated, where public investments are directed towards those
12 most in need as we build out our important child care infrastructure,
13 where families have a meaningful ability to select the modalities that
14 work best for their children, where child care providers are not forced
15 to compete against each other, where high-quality is ensured for all so
16 that we do not have a two-tiered child care system where the wealthy
17 have high-quality care and the working poor have substandard care, where
18 both federal and state funding is allocated generously, where the burden
19 on localities is minimized, and where our child care system is truly
20 universal.
21 § 3. The social services law is amended by adding a new section 390-k
22 to read as follows:
23 § 390-k. Universal child care taskforce. 1. There shall be established
24 a universal child care taskforce for the purpose of guiding New York
25 towards a system of free and universal child care.
26 2. The taskforce shall be chaired by a representative of the executive
27 chamber and the commissioners of the office of children and family
28 services, the department of labor, and the department of education, or
29 their designees. Members of the taskforce shall serve without compen-
30 sation for three year terms, but may be reimbursed for actual costs
31 incurred for participation on such taskforce. Ensuring adequate
32 geographic, racial and ethnic representation, members of the taskforce
33 shall be appointed by the governor and comprised as follows:
34 (a) four individuals shall be appointed upon the recommendation of the
35 speaker of the assembly, at least one of whom shall be a parent who has
36 utilized subsidized child care and at least one of whom shall be a
37 parent who has utilized unsubsidized child care, from different regions
38 of the state;
39 (b) four individuals shall be appointed upon the recommendation of the
40 temporary president of the senate, at least one of whom shall be a
41 parent who has utilized subsidized child care and at least one of whom
42 shall be a parent who has utilized unsubsidized child care, from differ-
43 ent regions of the state;
44 (c) one individual shall be appointed upon the recommendation of the
45 minority leader of the assembly;
46 (d) one individual shall be appointed upon the recommendation of the
47 minority leader of the senate;
48 (e) two representatives of a child care resource and referral agency;
49 (f) a minimum of three and a maximum of four representatives of home-
50 based child care providers;
51 (g) a minimum of three and a maximum of four representatives of
52 center-based child care providers;
53 (h) two representatives from the public education community;
54 (i) two representatives from unions that represent child care provid-
55 ers; and
56 (j) at least one representative from each of the following entities:
A. 5899 3
1 (i) the office of temporary and disability assistance;
2 (ii) the council on children and families;
3 (iii) the department of taxation and finance;
4 (iv) a regional economic development council;
5 (v) the state university of New York or the city university of New
6 York;
7 (vi) the state education department;
8 (vii) the early childhood advisory council;
9 (viii) a social services district or county government or an entity
10 that advocates on behalf of social services or county governments;
11 (ix) a non-profit child care advocacy organization; and
12 (x) an academic research institution, with expertise regarding differ-
13 ent international child care systems.
14 3. The taskforce shall:
15 (a) examine the negative impacts of the expiration of federal assist-
16 ance for child care in New York state, as well as the negative impacts
17 presented by the multiplicity of different agencies administering the
18 child care system, and the difficulties posed by means-testing require-
19 ments, work requirements, activities tests, and immigration status
20 requirements;
21 (b) advise the state in developing an implementation framework leading
22 to a four-year phased-in rollout of universal child care, which is free
23 at the point of service for all families, which delivers high-quality
24 child care to all New Yorkers, and which offers salaries to educators
25 comparable to those of public school teachers;
26 (c) recommend solutions to address chronic child care workforce
27 issues, the availability of child care for non-traditional work hours,
28 and other concerns identified in the course of the examination required
29 by this subdivision;
30 (d) recommend federal legislative changes necessary to access feder-
31 ally funded programs, as well as state funding appropriations needed to
32 completely eliminate means-testing requirements, work requirements,
33 activities tests, and immigration status requirements;
34 (e) how best to phase in the establishment of a dedicated department
35 of early education, which shall possess the duties required to maintain
36 and administer the free and high-quality universal child care system
37 pursuant to the recommendations of the taskforce; and
38 (f) anything else the taskforce deems necessary.
39 4. (a) The taskforce shall report a four-year plan for a phased roll-
40 out of universal child care in the state, and make annual recommenda-
41 tions, starting in November first, two thousand twenty-five through
42 November thirtieth, two thousand twenty-six, for specific appropriations
43 for budget allocations that would allow for a truly free and universal
44 child care system, including, but not limited to: (i) wage increases for
45 child care educators that allow them to achieve pay parity with public
46 school teachers; (ii) capital expenditures to allow for the expansion of
47 child care infrastructure into communities most in need; and (iii)
48 startup funds to allow for the creation of new child care programs in
49 child care deserts. Such recommendations shall include recommendations
50 to identify all reasonable means of maximizing the allocation of federal
51 funds, as well as supplemental funding from the state that would allow
52 for a truly free and universal child care system. The taskforce report
53 shall further make recommendations for the integration of child care
54 programs into existing public programs, such as public schools, public
55 universities, and public housing, to deliver high-quality child care to
56 all New Yorkers. Such recommendations shall be based on what is needed
A. 5899 4
1 to actually achieve a high-quality universal child care system in the
2 state, and what additional funding would be needed from the state to
3 achieve that goal. Each year, following the annual state budget, the
4 taskforce shall also provide a score card stating how close New York has
5 come to achieving a high-quality universal child care system, provided,
6 however, that taskforce members who are employees of the governor's
7 office and the state legislature shall recuse themselves from such
8 rating process. The taskforce shall report its findings annually.
9 (b) The taskforce shall also report on and make recommendations
10 regarding an employee compensation scale for early childhood educators
11 and child care workers in accordance with section ninety-seven-bbbbb of
12 the state finance law. The taskforce shall:
13 (i) review the findings and recommendations of the Washington, D.C.
14 early childhood educator equitable compensation taskforce from March two
15 thousand twenty-three;
16 (ii) submit a separate report to the governor, the speaker of the
17 assembly, and the temporary president of the senate no later than Decem-
18 ber thirty-first, two thousand twenty-five. Such report shall:
19 (1) assess the expected impact of implementing an employee compen-
20 sation scale for raising the wages and benefits of workers in early
21 childhood education and child care programs to parity with public school
22 teachers;
23 (2) propose an employee compensation scale for child day care programs
24 that accounts for employee role, credentials, and experience; and
25 (3) provide recommendations for implementing the employee compensation
26 scale. Such recommendations shall, at a minimum, consider: (A) equitable
27 implementation that accounts for different staffing models, types, and
28 sizes of child day care programs; (B) how to allocate funds to new child
29 day care programs that open after the effective date of this paragraph;
30 (C) how to ensure that funds support the child care workforce rather
31 than private for-profit investors; and (D) how to ensure that funds
32 support programs that provide care to subsidy-eligible families;
33 (iii) provide guidance as to how to allocate the permanent child care
34 workforce pay equity fund for fiscal years two thousand twenty-six, two
35 thousand twenty-seven, two thousand twenty-eight and two thousand twen-
36 ty-nine, assuming that the amount available to the fund includes an
37 annual appropriation of one billion two hundred million dollars, plus
38 any amounts adjusted for inflation in years beyond fiscal year two thou-
39 sand twenty-five. The taskforce may also recommend that such appropri-
40 ations exceed one billion two hundred million dollars; and
41 (iv) make recommendations regarding oversight, reporting, and account-
42 ability mechanisms for the use of funds allocated to child day care
43 programs from the permanent child care workforce pay equity fund.
44 § 4. Subdivision 8 of section 390 of the social services law, as added
45 by chapter 750 of the laws of 1990, is amended to read as follows:
46 8. The [department] office of children and family services shall
47 establish and maintain a list of all current registered and licensed
48 child day care programs and a list of all programs whose license or
49 registration has been revoked, rejected, terminated, or suspended. [Such
50 information shall be available to the public, pursuant to procedures
51 developed by the department] The office of children and family services
52 shall work with service providers and child care resource and referral
53 agencies throughout the state to gather information to maintain a publ-
54 icly-searchable, user-friendly, and language-accessible database of
55 available child care facilities on the office's website and on a compan-
A. 5899 5
1 ion phone application. Such database shall be updated in real time and
2 shall provide and be searchable by the following information:
3 (a) the name and address of the facility;
4 (b) the capacity of the facility;
5 (c) whether the facility is fully enrolled or has current availabili-
6 ty, with the available capacity specified by age group;
7 (d) whether the facility has a waiting list for which a family can
8 apply;
9 (e) the age range allowable for the facility;
10 (f) the modality for the facility;
11 (g) the operating hours for the facility;
12 (h) the language or languages spoken at the facility; and
13 (i) whether the facility has been cited for any violations, with any
14 such violations separated into "dangerous" and "non-dangerous" catego-
15 ries, and prominent notices indicating whether any such violations have
16 been cured or addressed.
17 The office of children and family services shall provide information
18 on its website in English, French, Polish, and the ten most common non-
19 English languages spoken by individuals with limited English proficiency
20 in the state, based on United States census data.
21 § 5. Subdivision 1 of section 410 of the social services law, as
22 amended by chapter 694 of the laws of 2022, is amended to read as
23 follows:
24 1. A public welfare official of a county, city or town is [authorized]
25 obligated, provided funds have been made available therefor, to provide
26 day care at public expense for children residing in [his] their territo-
27 ry [who are eligible therefor pursuant to provisions of this title. Such
28 care may be provided only in cases where it is determined, under crite-
29 ria established by the office of children and family services, that
30 there is a need and that such care is in the best interest of the child
31 and parent; provided however that the public welfare official shall not
32 be required to limit authorized child care services strictly based on
33 the work, training, or educational schedule of the parents or the number
34 of hours the parents spend in work, training, or educational activities.
35 Where the family is able to pay part or all of the costs of such care,
36 payment of such fees as may be reasonable in the light of such ability
37 shall be required] with the aim of providing free and universal child
38 care for all families within such territory.
39 § 6. Subdivision 2 of section 410-b of the social services law, as
40 added by chapter 395 of the laws of 1965 and such section as renumbered
41 by chapter 640 of the laws of 1971, is amended and a new subdivision 5
42 is added to read as follows:
43 2. The [department of social welfare is] office of children and family
44 services and the department of education are hereby designated and
45 empowered to act as the [agent] agents of the state in carrying out the
46 provisions of any such federal law with respect to such day care facili-
47 ties in this state. In exercising this duty as agent of the state, the
48 office of children and family services shall seek to obtain any waivers
49 or permissions from federal agencies necessary and proper to allow the
50 state and its various subdivisions to implement a child care system that
51 is universal and free at the point of service, notwithstanding that the
52 state's child care system may be more expansive than what is being reim-
53 bursed with federal funds.
54 5. To the extent that federal funds are offered for child care and are
55 contingent on matching funds from the state, the state shall make all
A. 5899 6
1 reasonable efforts to maximize the allocation of federal funds by making
2 sufficient state-level appropriations.
3 § 7. Subdivisions 5, 6, 7, 8, 9 and 10 of section 410-x of the social
4 services law are renumbered subdivisions 6, 7, 8, 9, 10 and 11 and a new
5 subdivision 5 is added to read as follows:
6 5. (a) For each group for which the office of children and family
7 services determines a separate payment rate pursuant to subdivision four
8 of this section, and at the same frequency, such office shall utilize a
9 cost estimation model to determine the actual cost providers incur when
10 providing high-quality child care. The cost estimation model shall iden-
11 tify and take into account cost drivers including but not limited to
12 employee salary and benefits, enrollment levels, facility costs and
13 compliance with statutory and regulatory requirements. Where a quality
14 rating system or any quality indicators are being utilized, the cost
15 estimation model shall also take into account the cost of providing
16 services at each level of quality.
17 (b) In developing such model the office of children and family
18 services shall consult with stakeholders including, but not limited to,
19 representatives of child care resource and referral agencies, child care
20 providers, labor leaders for any labor unions representing child care
21 workers in the state, and any state advisory council established pursu-
22 ant to 42 U.S.C.S. § 9831 et seq., as amended. The cost estimation model
23 shall be statistically valid, using complete and current data and rigor-
24 ous collection methods. The cost estimation model shall further account
25 for biases in reported data that tend to underestimate the cost of care,
26 and shall make appropriate adjustments.
27 § 8. Section 410-z of the social services law, as added by section 52
28 of part B of chapter 436 of the laws of 1997, is amended to read as
29 follows:
30 § 410-z. Reporting requirements. 1. Each social services district
31 shall collect and submit to the [department] office of children and
32 family services and the department of education, in such form and at
33 such times as specified by the [department] office of children and
34 family services, such data and information regarding child care assist-
35 ance provided under the block grant as the [department] office of chil-
36 dren and family services may need to comply with federal reporting
37 requirements.
38 2. The office of children and family services shall prepare a report
39 detailing the actual cost providers incur when providing child care in
40 each setting, as determined by the cost estimation model established in
41 paragraph (a) of subdivision five of section four hundred ten-x of this
42 title. The report shall detail cost data for each setting, age group,
43 care provided to children with special needs, and any other grouping for
44 which a separate cost estimation is conducted. Such data shall include:
45 (a) the level of quality care as determined by a quality rating system
46 or any quality indicators utilized by the state;
47 (b) a description of the major cost drivers for providing care; and
48 (c) a comparison of the costs of child care for each grouping to the
49 market rate determined by the office of children and family services
50 pursuant to subdivision four of section four hundred ten-x of this
51 title.
52 The report shall be submitted to the governor, the speaker of the
53 assembly and the temporary president of the senate by June first, two
54 thousand twenty-six and June first of every other year thereafter. The
55 office of children and family services shall post the information
56 contained in the report on its website.
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1 § 9. Subdivision 1 and paragraph (b) of subdivision 5 of section 410-c
2 of the social services law, subdivision 1 as added by chapter 1014 of
3 the laws of 1969, paragraph (a) of subdivision 1 as amended by chapter
4 110 of the laws of 1971, and paragraph (b) of subdivision 5 as amended
5 by chapter 277 of the laws of 1990, and such section as renumbered by
6 chapter 640 of the laws of 1971, are amended to read as follows:
7 1. (a) Expenditures made by counties, cities, and towns for day care
8 and its administration, and day care center projects, pursuant to the
9 provisions of this title, shall, if approved by the department, be
10 subject to reimbursement by the state, in accordance with the regu-
11 lations of the department, as follows: There shall be paid to each coun-
12 ty, city or town (1) the amount of federal funds, if any, properly
13 received or to be received on account of such expenditures; (2) [fifty]
14 ninety per centum of its expenditures for day care and its adminis-
15 tration and day care center projects, after first deducting therefrom
16 any federal funds received or to be received on account thereof, and any
17 expenditures defrayed by fees paid by parents or by other private
18 contributions.
19 (b) For the purpose of this title, expenditures for administration of
20 day care shall include expenditures for compensation of employees in
21 connection with the furnishing of day care, including but not limited to
22 costs incurred for pensions, federal old age and survivors insurance and
23 health insurance for such employees; training programs for personnel,
24 operation, maintenance and service costs; and such other expenditures
25 such as equipment costs, depreciation and charges and rental values as
26 may be approved by the department. It [shall not] may include expendi-
27 tures for capital costs in appropriate cases at the discretion of the
28 department, provided that capital costs are prioritized in areas that
29 are categorized as child care deserts. In the case of day care purchased
30 from a non-profit corporation constituting an eligible borrower pursuant
31 to title five-a of this article, expenditures shall include an allocable
32 proportion of all operating costs of such facility as may be approved by
33 the department including but not limited to the expenditures enumerated
34 in this paragraph [(b)] and expenditures for amortization, interest and
35 other financing costs of any mortgage loan made to such non-profit
36 corporation.
37 (b) The commissioner shall, within appropriations made available
38 therefor, select proposed school age child day care programs which shall
39 be eligible to receive an award [of no more than twenty-five thousand
40 dollars] for start up or expansion costs, including planning, rental,
41 operational and equipment costs, or minor renovations identified as
42 being necessary in order for the program to comply with applicable state
43 or local building, fire safety or licensing standards, based on plans
44 submitted to [him] the commissioner. The commissioner shall give pref-
45 erence to those areas of the state which are significantly underserved
46 by existing school age child day care programs and to those programs
47 which involve parents in the development and implementation of programs.
48 The commissioner shall publicize this availability of funds to be used
49 for purposes of this subdivision in awarding grants. Plans may be
50 submitted by private not-for-profit corporations, organizations or
51 governmental subdivisions.
52 § 10. Subdivision 8 of section 410-w of the social services law, as
53 amended by section 6 of part U of chapter 56 of the laws of 2023, is
54 amended to read as follows:
55 8. Notwithstanding any other provision of law, rule or regulations to
56 the contrary, a social services district that implements a plan amend-
A. 5899 8
1 ment to the child care portion of its child and family services plan,
2 either as part of an annual plan update, or through a separate plan
3 amendment process, where such amendment reduces eligibility for, or
4 increases the family share percentage of, families receiving child care
5 services, or that implements the process for closing child care cases as
6 set forth in the district's approved child and family services plan, due
7 to the district determining that it cannot maintain its current caseload
8 because all of the available funds are projected to be needed for open
9 cases, shall provide all families whose eligibility for child care
10 assistance or family share percentage will be impacted by such action
11 with at least thirty days prior written notice of the action. Provided,
12 however, that a family receiving assistance pursuant to this title shall
13 not be required to contribute more than what is required by federal law
14 or one percent of their income exceeding the federal poverty level,
15 whichever is lower, and that such cost shall be covered entirely by the
16 state.
17 § 11. Subdivision 7 of section 410-x of the social services law, as
18 amended by section 7 of part U of chapter 56 of the laws of 2023, and as
19 renumbered by section seven of this act, is amended to read as follows:
20 7. Pursuant to department regulations, child care assistance shall be
21 provided on a sliding fee basis based upon the family's ability to pay;
22 provided, however, that a family receiving assistance pursuant to this
23 title shall not be required to contribute more than what is required by
24 federal law or one percent of their income exceeding the federal poverty
25 level, whichever is lower, and that such cost shall be covered entirely
26 by the state.
27 § 12. Paragraph (a) of subdivision 11 of section 410-x of the social
28 services law, as added by section 1 of part Y of chapter 56 of the laws
29 of 2024, and as renumbered by section seven of this act, is amended to
30 read as follows:
31 (a) Local social services districts shall establish a differential
32 payment rate for child care services provided by licensed or registered
33 child care providers who provide care to a child or children experienc-
34 ing homelessness. Such differential payment rate shall be [no less than
35 ten percent higher but no greater than fifteen] twenty percent higher
36 than the actual cost of care or the applicable market-related payment
37 rate established by the office in regulations, whichever is less.
38 § 13. Subdivision 1 of section 410 of the social services law, as
39 amended by chapter 694 of the laws of 2022, is amended to read as
40 follows:
41 1. A public welfare official of a county, city or town [is authorized]
42 shall, provided funds have been made available therefor, [to] and with
43 the state making all reasonable efforts to obtain federal funding and
44 supplementing those amounts with additional state funding, provide day
45 care at public expense for children residing in [his] their territory
46 who are eligible therefor pursuant to provisions of this title. Such
47 care [may] shall be provided [only in cases where it is determined,]
48 under criteria established by the office of children and family
49 services, that there is a need and that such care is in the best inter-
50 est of the child and parent; provided however that the public welfare
51 official shall not [be required to] limit authorized child care services
52 strictly based on the work, training, or educational schedule of the
53 parents or the number of hours the parents spend in work, training, or
54 educational activities, nor shall the public welfare official limit
55 authorized child care services based on proof of immigration status.
56 Where the family [is able to pay part or all of the costs of such care]
A. 5899 9
1 income is more than one thousand percent of the poverty line, payment of
2 such fees as may be reasonable in the light of such ability [shall] may
3 be required to the extent necessary as the state transitions to a system
4 that is free and universal. To the extent there are insufficient funds
5 to immediately serve all families, the state shall make all reasonable
6 efforts to incrementally expand to universal access over a period of
7 four years, pursuant to the phase-in priorities and principles recom-
8 mended by the taskforce established pursuant to section three hundred
9 ninety-k of this article.
10 § 14. Paragraph (b) of subdivision 3 of section 410 of the social
11 services law is REPEALED and paragraphs (c) and (d) are relettered para-
12 graphs (b) and (c).
13 § 15. Subdivisions 1 and 2 of section 410-bb of the social services
14 law, subdivision 1 as added by chapter 503 of the laws of 1988 and
15 subdivision 2 as amended by chapter 659 of the laws of 1988, are amended
16 to read as follows:
17 1. The legislature finds and declares that a crisis exists in the
18 availability and quality of child day care in New York state and that
19 this crisis poses a danger both to the welfare and safety of the chil-
20 dren and to the productivity of this state's workforce; that inadequate
21 salaries and in many cases nonexistent benefit packages have substan-
22 tially contributed to the existing crisis by precluding day care centers
23 from recruiting and retaining necessary teaching and supervisory staff;
24 that an extremely high turnover rate has interfered in many instances
25 with the ability of day care centers to comply with regulatory require-
26 ments and to properly serve the children in their care; and that because
27 of these extraordinary circumstances New York state must intervene and
28 provide assistance for recruitment and retention of child care [workers]
29 educators, with the goal of creating a free and universal child care
30 system that is available to all, in the same manner as the public school
31 system, without the burdens of means-testing. The legislature recognizes
32 that a long-term solution to this crisis will require cooperative
33 efforts among [the business community, local and state governments and
34 families] all New Yorkers.
35 2. Within amounts appropriated specifically therefor, and after
36 deducting funds as specified in subdivision three of this section, the
37 commissioner shall allocate funds to local social services districts for
38 grants to [eligible not-for-profit day care centers] child care provid-
39 ers for retention and recruitment of teaching and supervisory staff, [as
40 follows:
41 (a) a city social services district with a population in excess of one
42 million shall be allocated a portion of such funds based on an equal
43 weighting of:
44 (i) its proportion of the state population of children aged five and
45 under, and
46 (ii) its proportion of total claims for reimbursement received by the
47 department by May thirty-first, nineteen hundred eighty-eight for the
48 low income, transitional and teen parent day care programs authorized by
49 chapter fifty-three of the laws of nineteen hundred eighty-seven.
50 (b) all other eligible local social services districts shall be allo-
51 cated the remaining portion of funds based on each district's propor-
52 tionate share of licensed not-for-profit day care capacity relative to
53 the total capacity of all such other eligible districts] with the aim of
54 providing staff with salary and benefits that is at parity with that of
55 local public school teachers in the relevant area.
A. 5899 10
1 § 16. Subdivisions 1 and 2 of section 410-v of the social services
2 law, subdivision 1 as added by section 52 of part B of chapter 436 of
3 the laws of 1997 and subdivision 2 as amended by chapter 214 of the laws
4 of 1998, are amended to read as follows:
5 1. The part of the block grant that is determined to be available to
6 social services districts for child care assistance shall be apportioned
7 among the social services districts by the department according to an
8 allocation plan developed by the department and approved by the director
9 of the budget. The allocation plan shall [be based, at least in part, on
10 historical costs and on the availability and cost of, and the need for,
11 child care assistance in each social services district] provide
12 universal and free child care on a statewide basis. Annual allocations
13 shall be made on a federal fiscal year basis and shall incorporate the
14 annual recommendations of the child care taskforce established pursuant
15 to section three hundred ninety-k of this article.
16 2. Reimbursement under the block grant to a social services district
17 for its expenditures for child care assistance shall be available for
18 [seventy-five] ninety percent of the district's expenditures for child
19 care assistance provided to those families in receipt of public assist-
20 ance which are eligible for child care assistance under this title and
21 for one hundred percent of the social services district's expenditures
22 for other eligible families[; provided, however, that such reimbursement
23 shall be limited to the social services district's annual state block
24 grant allocation]. To the extent that families are not eligible for
25 funding pursuant to this provision, the state shall make all reasonable
26 efforts to ensure that families not eligible for federally-funded child
27 care have access, phased-in over a period of four years, pursuant to the
28 phase-in priorities and principles recommended by the taskforce estab-
29 lished pursuant to section three hundred ninety-k of this article.
30 § 17. Subdivisions 1 and 2 of section 410-w of the social services
31 law, subdivision 1 as amended by section 2 of part U of chapter 56 of
32 the laws of 2023 and subdivision 2 as amended by chapter 569 of the laws
33 of 2001, are amended to read as follows:
34 1. A social services district may use the funds allocated to it from
35 the block grant to provide child care assistance to[:
36 (a) families receiving public assistance when such child care assist-
37 ance is necessary: to enable a parent or caretaker relative to engage in
38 work, participate in work activities or perform a community service
39 pursuant to title nine-B of article five of this chapter; to enable a
40 teenage parent to attend high school or other equivalent training
41 program; because the parent or caretaker relative is physically or
42 mentally incapacitated; or because family duties away from home necessi-
43 tate the parent or caretaker relative's absence; child day care shall be
44 provided during breaks in activities. Such child day care shall be
45 authorized for the period designated by the regulations of the depart-
46 ment;
47 (b) families with incomes up to eighty-five percent of the state medi-
48 an income who are attempting through work activities to transition off
49 of public assistance when such child care is necessary in order to
50 enable a parent or caretaker relative to engage in work provided such
51 families' public assistance has been terminated as a result of increased
52 hours of or income from employment or increased income from child
53 support payments or the family voluntarily ended assistance; provided
54 that the family received public assistance at least three of the six
55 months preceding the month in which eligibility for such assistance
A. 5899 11
1 terminated or ended or provided that such family has received child care
2 assistance under subdivision four of this section;
3 (c) families with incomes up to eighty-five percent of the state medi-
4 an income, which are determined in accordance with the regulations of
5 the department to be at risk of becoming dependent on family assistance;
6 (d) families with incomes up to eighty-five percent of the state medi-
7 an income, who are attending a post secondary educational program; and
8 (e) other families with incomes up to eighty-five percent of the state
9 median income in accordance with criteria established by the department]
10 families who need child care or who are having trouble affording child
11 care, to the maximum extent permissible under federal laws and regu-
12 lations. To the extent that families are not eligible for funding pursu-
13 ant to this provision, the state shall make all reasonable efforts to
14 ensure that families not eligible for federally-funded child care have
15 access, phased-in over a period of four years, pursuant to the phase-in
16 priorities and principles recommended by the taskforce established
17 pursuant to section three hundred ninety-k of this article.
18 2. [For the purposes of this title, the term "state income standard"
19 means the most recent federal income official poverty line (as defined
20 and annually revised by the federal office of management and budget)
21 updated by the department for a family size of four and adjusted by the
22 department for family size] Each social services district and school
23 district shall conduct extensive and language-accessible outreach to
24 families who need child care or who are having trouble affording child
25 care. To the extent that social services districts or the office of
26 children and family services are required to examine families' incomes
27 pursuant to federal laws or regulations, they shall use the least
28 restrictive and most efficient means available to avoid placing undue
29 burdens on families applying for assistance. To the extent that families
30 applying for assistance are required to provide proof of eligibility,
31 each local social services district and the office of children and fami-
32 ly services shall make all reasonable efforts to provide assistance in
33 completing all necessary documents expeditiously.
34 § 18. Subdivision 2 of section 410-u of the social services law, as
35 amended by section 1 of part U of chapter 56 of the laws of 2023, is
36 amended to read as follows:
37 2. The state block grant for child care shall be divided into two
38 parts pursuant to a plan developed by the department and approved by the
39 director of the budget. One part shall be retained by the state to
40 provide child care on a statewide basis to special groups and for activ-
41 ities to increase the availability and/or quality of child care
42 programs, including, but not limited to, the start-up of child care
43 programs, the increase of child care worker salaries, the operation of
44 child care resource and referral programs, training activities, the
45 regulation and monitoring of child care programs, the development of
46 computerized data systems, and consumer education, provided however,
47 that child care resource and referral programs funded under title five-B
48 of article six of this chapter shall meet additional performance stand-
49 ards developed by the department of social services including but not
50 limited to: increasing the number of child care placements for all
51 persons, with priority given to persons who are at or below [eighty-five
52 percent of the state median income,] one thousand percent of the federal
53 poverty line; with emphasis on placements supporting local efforts in
54 meeting federal and state work participation requirements, increasing
55 technical assistance to all modalities of legal child care to persons,
56 with priority given to persons who are at or below [eighty-five percent
A. 5899 12
1 of the state median income,] one thousand percent of the federal poverty
2 line; including the provision of training to assist providers in meeting
3 child care standards or regulatory requirements[,]; and creating new
4 child care opportunities, and assisting social services districts in
5 assessing and responding to child care needs for all persons, with
6 priority given to persons at or below [eighty-five percent of the state
7 median income] one thousand percent of the federal poverty line. The
8 department shall have the authority to withhold funds from those agen-
9 cies which do not meet performance standards. Agencies whose funds are
10 withheld may have funds restored upon achieving performance standards.
11 The other part shall be allocated to social services districts to
12 provide child care assistance to families receiving family assistance
13 and to other low income families. To the extent that families are not
14 eligible for funding pursuant to this subdivision, the state shall make
15 all reasonable efforts to ensure that families not eligible for federal-
16 ly-funded child care have access, phased-in over a period of four years,
17 pursuant to the phase-in priorities and principles recommended by the
18 taskforce established pursuant to section three hundred ninety-k of this
19 article.
20 § 19. Section 410-cc of the social services law, as amended by chapter
21 882 of the laws of 1990, is amended to read as follows:
22 § 410-cc. Start up grants for child day care. The commissioner shall
23 provide funds to start up grants to not-for-profit organizations or
24 corporations for the development of new or expanded all day child day
25 care programs including costs related to planning, renting, renovating,
26 operating, and purchasing equipment. The commissioner shall establish
27 guidelines including, but not limited to, allowable costs, and criteria
28 for eligibility for grants giving preference to those child day care
29 providers who [will, to the maximum extent feasible, target services to
30 households having incomes up to two hundred percent of the federal
31 poverty standard] serve areas that currently constitute child care
32 deserts, and with the aim of developing New York's statewide universal
33 child care infrastructure. The commissioner shall widely publicize the
34 availability of funds and conduct extensive outreach in a language-ac-
35 cessible manner to develop the state's universal child care infrastruc-
36 ture. [No awards shall be granted which exceed twenty-five hundred
37 dollars for a new family day care provider or new group family day care
38 provider, and one hundred thousand dollars for a new child day care
39 center.] Child care resource and referral agencies [may] shall receive
40 family day care start up grants [not to exceed two thousand five hundred
41 dollars per new provider] if the agency trains such new family provider
42 and thereby expands the supply of family day care programs in the commu-
43 nity. The commissioner shall give preference to those communities which
44 are significantly underserved by existing programs and to those programs
45 which and those providers who will serve infants under two years of age.
46 § 20. Section 101 of the education law is amended to read as follows:
47 § 101. Education department; regents of the university. There shall
48 continue to be in the state government an education department. The
49 department is charged with the general management and supervision of all
50 public schools and all of the educational work of the state, including
51 the operations of The University of the State of New York and the exer-
52 cise of all the functions of the education department, of The University
53 of the State of New York, of the regents of the university and of the
54 commissioner of education and the performance of all their powers and
55 duties, which were transferred to the education department [by section
56 three hundred twelve of the state departments law] or shall have been
A. 5899 13
1 prescribed by law before March sixteenth, nineteen hundred twenty-seven,
2 whether in terms vested in such department or university or in any sub-
3 department, division or bureau thereof or in such commissioner, board or
4 officer, and such functions, powers and duties shall continue to be
5 vested in the education department continued by this chapter and shall
6 continue to be exercised and performed therein by or through the appro-
7 priate officer, sub-department, division or bureau thereof, together
8 with such functions, powers and duties as hereafter may be conferred or
9 imposed upon such department by law. The education department shall also
10 establish an office of early education, which shall be tasked with coor-
11 dinating with the office of children and family services to ensure that
12 the implementation of funding for universal pre-K and 3-K for all
13 programs are phased in in a manner that complements and supports child
14 care providers within the state and provides equitable wages, benefits,
15 and working conditions for child care educators, pursuant to the guid-
16 ance established by the taskforce established pursuant to section three
17 hundred ninety-k of the social services law. All the provisions of this
18 chapter, in so far as they are not inconsistent with the provisions of
19 this chapter as hereby amended or may be made applicable, shall apply to
20 the education department continued by this chapter as hereby amended and
21 to The University of the State of New York, the board of regents of the
22 university, the commissioner [of education] and to the divisions,
23 bureaus and officers in such department. The head of the department
24 shall continue to be the regents of The University of the State of New
25 York, who shall appoint, and at pleasure may remove, the commissioner
26 [of education]. The commissioner shall continue to be the chief admin-
27 istrative officer of the department. The regents also may appoint and,
28 at pleasure, remove a deputy commissioner [of education], who shall
29 perform such duties as the regents may assign to [him] such deputy
30 commissioner by rule and who, in the absence or disability of the
31 commissioner or when a vacancy exists in the office of commissioner,
32 shall exercise and perform the functions, powers and duties conferred or
33 imposed on the commissioner by this chapter. The regents of The Univer-
34 sity of the State of New York shall continue to constitute a board and
35 The University of the State of New York, which was continued under such
36 name by section two of article eleven of the constitution, shall contin-
37 ue to be governed and all its corporate powers to be exercised by such
38 board.
39 § 21. The state finance law is amended by adding a new section
40 97-bbbbb to read as follows:
41 § 97-bbbbb. Statewide permanent child care workforce pay equity fund.
42 1. There is hereby established in the joint custody of the state comp-
43 troller and the commissioner of taxation and finance a fund to be known
44 as the "permanent child care workforce pay equity fund".
45 2. The permanent child care workforce pay equity fund shall consist of
46 moneys appropriated, credited or transferred thereto from any other fund
47 or source. Any unexpended and unencumbered moneys remaining in the
48 permanent child care workforce pay equity fund at the end of a fiscal
49 year shall remain in the permanent child care workforce pay equity fund
50 and shall not be credited to any other fund. Any interest received by
51 the comptroller on moneys on deposit in the fund shall be retained in
52 and become a part of such fund.
53 3. Moneys of the permanent child care workforce pay equity fund shall
54 be made available to the commissioner of the office of children and
55 family services for activities to improve workforce conditions for
56 employees of eligible child care services and programs, and to help
A. 5899 14
1 ensure eligible programs can operate at high quality and at maximum
2 capacity. Allowable uses of these funds may include, but not be limited
3 to, salary increases, workforce retention bonuses and recruitment bonus-
4 es, indirect costs associated with implementing salary increases and
5 bonuses, costs associated with employee health, and fringe benefits.
6 Moneys awarded to a program in accordance with this section shall meet
7 the following requirements:
8 (a) No less than seventy-five percent of moneys awarded to a program
9 from the permanent child care workforce pay equity fund shall be used to
10 increase compensation and/or benefits for employees in a direct caregiv-
11 ing role with children;
12 (b) No less than ten percent of moneys awarded to a program from the
13 permanent child care workforce pay equity fund shall be used to increase
14 compensation and/or benefits for employees, administrators, owner-opera-
15 tors, who are not in a direct caregiving role with children; and
16 (c) All remaining moneys awarded to a program from the permanent child
17 care workforce pay equity fund shall be used at program discretion to
18 support the workforce, expand program capacity, and improve program
19 quality.
20 4. The office of children and family services shall submit a report to
21 the governor and the legislature by January thirty-first, two thousand
22 twenty-six and annually thereafter detailing all expenditures awarded to
23 a program from the permanent child care workforce pay equity fund, and
24 the office's priorities for allocating funds from the permanent child
25 care workforce pay equity fund.
26 5. Within one year of the effective date of this section and annually
27 thereafter, the office of children and family services shall establish,
28 by regulation, a minimum compensation scale for the child care workforce
29 that is inclusive of all members of the workforce, not just those in
30 direct caregiving roles with children, and is structured to not inter-
31 fere with existing or future collective bargaining. Such compensation
32 scale shall seek to elevate wages of child care educators to parity with
33 those of similarly situated public school educators and shall be devel-
34 oped in consultation with the department of labor, the state education
35 department, unions representing child care workers and providers,
36 members of the child care advocacy community, and representatives of
37 child care programs of all modalities, from around the state. All
38 participants shall be permitted to review and comment on the draft mini-
39 mum compensation scale, which shall be published annually, no later than
40 December thirty-first in any given calendar year following the initial
41 report.
42 6. To be eligible to be awarded moneys from the permanent child care
43 workforce pay equity fund, a program must accept families paying for
44 child care by means of the New York child care assistance program. In
45 addition, upon implementation of the minimum compensation scale,
46 programs must agree to meet the minimum compensation requirements and
47 agree to reasonable reporting requirements regarding the use of such
48 funds.
49 7. The office of children and family services shall maintain a formula
50 for distributing funds to child care providers which shall give prefer-
51 ence to providers that serve: (i) high numbers of children receiving New
52 York child care assistance program subsidies; (ii) high numbers of high
53 needs children; and (iii) unique populations or that otherwise advance
54 the interest of the program as determined by the department.
55 Such formula for distributing funds shall consider: (i) licensed
56 capacity and enrollment including the ages of the children enrolled and
A. 5899 15
1 the ages of the children for whom the provider has capacity; provided,
2 however, that enrollment shall be measured by the department using quar-
3 terly enrollment averages or, if deemed appropriate by the department,
4 using enrollment averages that are measured less frequently than quar-
5 terly; (ii) costs associated with employee compensation, including sala-
6 ries and benefits; (iii) the number of enrolled children receiving New
7 York child care assistance program subsidies; (iv) the demographics and
8 income of families served, including the number of children enrolled and
9 identified as high needs; (v) the business structure of providers;
10 provided, however, that larger investor-owned providers shall be depri-
11 oritized and only eligible for funding if the commissioner of the office
12 of children and family services personally certifies eligibility for
13 such funds and is provided an assurance as to how such funds will be
14 used to support the child care workforce and that such funds will not
15 serve to enrich private for-profit investors; and (vi) any other factors
16 impacting the cost of providing quality early education and care includ-
17 ing, but not limited to, serving infants and toddlers, providing
18 nonstandard hours of care, and providing care in socially and econom-
19 ically disadvantaged and historically underrepresented communities with
20 shortages of early education and care slots. The office of children and
21 family services shall incorporate geographic equity into the development
22 of the formula and, to the best of their ability, calculate payments
23 such that all funds are distributed to eligible providers each year.
24 § 22. Section 153-k of the social services law is amended by adding a
25 new subdivision 13 to read as follows:
26 13. (a) The office of children and family services shall immediately
27 establish rules and regulations for the distribution of funds from the
28 permanent child care workforce pay equity fund.
29 (b) The office of children and family services shall establish and
30 make widely available a consolidated application for the permanent child
31 care workforce pay equity fund no later than one hundred eighty days
32 after the effective date of this subdivision. Eligibility for the first
33 round of payments from the permanent child care workforce pay equity
34 fund shall be determined within sixty days after the applications are
35 made available, with the first round of payments disbursed within thirty
36 days of eligibility determination. All providers and programs approved
37 for funds pursuant to this subdivision shall be provided payments at
38 least quarterly for so long as the program remains eligible or until
39 funds are exhausted. The office of children and family services shall
40 determine a simple process for programs to recertify eligibility for
41 such funds at an interval of no less than every twenty-four months.
42 § 23. The education law is amended by adding a new article 25 to read
43 as follows:
44 ARTICLE 25
45 UNIVERSAL CHILD CARE PUBLIC OPTION PILOT PROGRAM
46 Section 1220. Legislative findings.
47 1221. Universal child care public option pilot program.
48 1222. Administration.
49 1223. Selection of locations.
50 1224. Universal admissions.
51 1225. Pay parity for child care educators.
52 1226. Employee protections.
53 1227. Facilitated enrollment and assistance for applicants.
54 1228. Annual reporting.
A. 5899 16
1 § 1220. Legislative findings. New York state is currently facing a
2 child care crisis. Child care is unaffordable and unavailable for too
3 many New Yorkers, and the child care workforce has been historically
4 underpaid and undervalued. Moreover, there is a troubling lack of capac-
5 ity, with 3.4 children under the age of six years old for every one
6 child care slot available within the state. In order to address this
7 child care crisis, the Child Care Availability Task Force issued a
8 report in April two thousand twenty-four, subject to its mandate to
9 assist in "developing a framework leading to phased-in rollout of
10 universal child care". The final report advised that the state of New
11 York should "launch and evaluate a state-run child care assistance pilot
12 program" in order to address these significant gaps and move New York
13 state towards a system of truly universal and high-quality child care.
14 New York has one of the wealthiest economies in the world, and it is
15 more than capable of developing a system of universal child care that
16 provides high-quality programming, pays its educators wages at parity
17 with those of public school educators, and is free at the point of
18 service just like our public school system.
19 § 1221. Universal child care public option pilot program. The commis-
20 sioner and the commissioner of the office of children and family
21 services are hereby directed to jointly establish a universal child care
22 public option pilot program, within amounts appropriated therefor, in no
23 fewer than twenty locations throughout the state in accordance with the
24 provisions of this article.
25 § 1222. Administration. The universal child care public option pilot
26 program shall be jointly administered by the commissioner and the
27 commissioner of the office of children and family services. The commis-
28 sioner and the commissioner of the office of children and family
29 services shall hold a series of public hearings, consult with all
30 members of the universal child care taskforce established pursuant to
31 section three hundred ninety-k of the social services law, consult with
32 all unions that represent child care workers in New York state, and
33 jointly publish an implementation plan no later than December thirty-
34 first, two thousand twenty-five outlining a path to begin implementing
35 the pilot program established pursuant to this article in conjunction
36 with the two thousand twenty-five--two thousand twenty-six fiscal year
37 budget.
38 § 1223. Selection of locations. The commissioner and the commissioner
39 of the office of children and family services shall jointly select no
40 fewer than twenty locations throughout the state to establish new child
41 care programs. These locations shall be selected based on factors that
42 include, but are not limited to, the need for high-quality child care
43 and the lack of availability of high-quality child care in the region.
44 Existing child care providers who are financially struggling due to a
45 lack of state support, or who are capable of expanding their operations
46 to provide further high-quality care, shall be given the option of
47 opting in to participate in the universal child care public option pilot
48 program, provided that they can offer expanded high-quality care with
49 state supports under the program.
50 § 1224. Universal admissions. The universal child care public option
51 pilot program shall not discriminate in its admissions, and shall
52 provide child care regardless of age, race, creed, color, national
53 origin, citizenship or immigration status, sexual orientation, or gender
54 identity or expression, military status, sex, disability, predisposing
55 genetic characteristics, familial status, or marital status. There shall
A. 5899 17
1 be no means testing for admission, and care shall be provided free at
2 the point of service.
3 § 1225. Pay parity for child care educators. The universal child care
4 public option pilot program shall establish high quality pay for high
5 quality programming. The universal child care public option pilot
6 program shall pay staff adequate wages and benefits at parity with
7 public school teachers with similar experience and qualifications.
8 § 1226. Employee protections. Prior to submitting its implementation
9 plan, the commissioner and the commissioner of the office of children
10 and family services shall consult with all unions that represent child
11 care workers in New York state regarding matters of compensation and
12 representation, in order to ensure that the child care workforce
13 employed pursuant to the universal child care public option pilot
14 program is properly represented and can collectively bargain.
15 § 1227. Facilitated enrollment and assistance for applicants. In addi-
16 tion to establishing no fewer than twenty new universal child care
17 program locations, the universal child care public option pilot program
18 shall also assist in serving the needs of applicants that it is unable
19 to accommodate within the new locations that are to be established under
20 the pilot program. Once the new locations reach their maximum capacity,
21 the universal child care public option pilot program shall assist in
22 placing additional applicants, working in connection with existing child
23 care resource and referral agencies as well as existing facilitated
24 enrollment programs, at existing child care facilities, and shall
25 provide further financial assistance, subject to appropriations in the
26 annual budget.
27 § 1228. Annual reporting. In order to evaluate the implementation of
28 the universal child care public option pilot program, the commissioner
29 and the commissioner of the office of children and family services shall
30 jointly publish an annual report that includes, but is not limited to,
31 the number of children and families served by the program, the wages of
32 the workforce, the number of applicants for the pilot program, and areas
33 where further expansion of the pilot program or financial assistance
34 would be beneficial.
35 § 24. The sum of one billion two hundred million dollars
36 ($1,200,000,000), or so much thereof as may be necessary, is hereby
37 appropriated to the office of children and family services out of any
38 moneys in the state treasury in the general fund to the credit of the
39 permanent child care workforce pay equity fund account not otherwise
40 appropriated for the purposes of carrying out the provisions of this
41 act. Such moneys shall be payable on the audit and warrant of the state
42 comptroller on vouchers certified or approved by the commissioner of
43 children and family services, or such commissioner's duly designated
44 representative in the manner provided by law.
45 § 25. This act shall take effect immediately; provided, however, that
46 if section one of part Y of chapter 56 of the laws of 2024 shall not
47 have taken effect on or before such date, then the amendments to subdi-
48 vision 11 of section 410-x of the social services law made by section
49 twelve of this act shall take effect on the same date and in the same
50 manner as such chapter of the laws of 2024 takes effect; provided,
51 further, that the amendments to section 153-k of the social services law
52 made by section twenty-two of this act shall not affect the repeal of
53 such section and shall be deemed repealed therewith.
