Rpld §410 sub 3 ¶(b), amd Soc Serv L, generally; amd §101, Ed L; amd §2, Chap 493 of 2017; add §§99-oo, 99-pp
& 99-qq, St Fin L
Establishes the universal child care act to provide for the establishment and funding of universal child care in the state of New York; relates to the effectiveness of the child care availability taskforce; makes an appropriation therefor.
STATE OF NEW YORK
________________________________________________________________________
7595
2021-2022 Regular Sessions
IN SENATE
December 15, 2021
___________
Introduced by Sen. BRISPORT -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the social services law and the education law, in
relation to the provision of universal child care; to amend chapter
493 of the laws of 2017 amending the social services law relating to
establishing a child care availability taskforce to evaluate the need
for and availability of child care throughout the state, in relation
to the effectiveness thereof; to amend the state finance law, in
relation to establishing certain funds to provide for the establish-
ment and funding of universal child care; to repeal certain provisions
of the social services law relating thereto; and making an appropri-
ation therefor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "universal
2 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 final report, finding that the current
7 crisis "requires a dramatically different approach to child care: one
8 that recognizes that high-quality child care is a public good and that
9 provides the necessary public investment" to implement a system of high-
10 quality universal child care. This legislation will move New York
11 towards such a dramatically new system, where child care workers are
12 treated with dignity and compensated generously as the educators that
13 they are, where child care is free and available to all just like our
14 public education system is free and available for all, where burdensome
15 and ineffective means-testing requirements are ultimately eliminated,
16 where public investments are directed towards those most in need as we
17 build out our important child care infrastructure, where families have a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14016-01-1
S. 7595 2
1 meaningful ability to select the modalities that work best for their
2 children, where child care providers are not forced to compete against
3 each other, where high-quality is ensured for all so that we do not have
4 a two-tiered child care system where the wealthy have high-quality care
5 and the working poor have substandard care, where both federal and state
6 funding is allocated generously, where the burden on localities is mini-
7 mized, and where our child care system is truly universal.
8 § 3. Section 390-k of the social services law, as added by chapter 493
9 of the laws of 2017, subdivisions 2, 3, and 4 as amended by chapter 33
10 of the laws of 2018, is amended to read as follows:
11 § 390-k. Child care availability taskforce. 1. There shall be estab-
12 lished within the office of children and family services a child care
13 taskforce for the purpose of [evaluating the need for and availability
14 of child care throughout the state] guiding New York towards a system of
15 free and universal child care.
16 2. The taskforce shall be chaired by a representative of the executive
17 chamber and the commissioners of the office of children and family
18 services [and], the department of labor and the department of education,
19 or their designees. Members of the taskforce shall serve without compen-
20 sation for three year terms, but may be reimbursed for actual costs
21 incurred for participation on such taskforce. Ensuring adequate
22 geographic representation, members of the taskforce shall be appointed
23 by the governor and comprised as follows:
24 (a) three individuals shall be appointed upon the recommendation of
25 the speaker of the assembly, at least one of whom shall be a parent who
26 has utilized subsidized child care;
27 (b) three individuals shall be appointed upon the recommendation of
28 the temporary president of the senate, at least one of whom shall be a
29 parent who has utilized subsidized child care;
30 (c) two representatives of a child care resource and referral agency;
31 (d) two representatives of home-based child care providers;
32 (e) two representatives of center-based child care providers;
33 (f) two representatives from the business community;
34 (g) two representatives from unions that represent child care provid-
35 ers; and
36 (h) at least one representative from each of the following entities:
37 (i) the office of temporary and disability assistance;
38 (ii) the council on children and families;
39 (iii) the department of taxation and finance;
40 (iv) a regional economic development council;
41 (v) the state university of New York or the city university of New
42 York;
43 (vi) the state education department;
44 (vii) the early childhood advisory council;
45 (viii) a social service district or county government or an entity
46 that advocates on behalf of social services or county governments; and
47 (ix) a non-profit child care advocacy organization.
48 3. The taskforce shall advise the state in developing an implementa-
49 tion framework leading to an expeditious phased-in rollout of universal
50 child care using existing state and federal resources and shall examine
51 the following:
52 (a) [affordable child care with a focus on the cost of care for fami-
53 lies and factors that contribute to such costs] how to implement a truly
54 universal child care system that is free at the point of service for all
55 families and delivers high-quality child care to all New Yorkers, with a
56 four-year phase-in that follows priorities and principles: where expan-
S. 7595 3
1 sions are targeted to first cover low-income families, historically
2 underserved communities and families facing complex needs, including
3 children with disabilities and child welfare involvement; where work
4 requirements, activities tests, and immigration status requirements for
5 low-income families are all eliminated; where the phase-in takes all
6 reasonable steps to avoid benefits' cliffs; where reasonable steps are
7 taken to guard against increases in costs for middle-income families;
8 and where the roll-out of universal child care is coordinated with the
9 expansions to universal pre-K and 3-K for all programs so that such
10 programs do not cause unintentional harm to child care providers;
11 (b) [access to and availability of subsidized child care, including
12 the identification of] how to eliminate the barriers families eligible
13 under state law face obtaining or utilizing [such] subsidies;
14 (c) how to ensure the availability of child care for non-traditional
15 work hours, and identification of the funding that would be needed to
16 expand facilities that cover such non-traditional work hours;
17 (d) whether parents are voluntarily leaving the workforce due to lack
18 of [affordable or accessible] child care, and the demographic informa-
19 tion of such parents, if known;
20 (e) whether employers have identified lack of child care as a reason
21 for a shortage of a qualified workforce;
22 (f) the impact of child care, or lack thereof, on economic development
23 throughout the state;
24 (g) varying levels of quality of care throughout the state;
25 (h) availability of quality child care by economic development region
26 including identification of underserved communities and recommendations
27 making available free, high-quality child care in such communities;
28 (i) whether regulatory or statutory changes could promote free and
29 universal access to high-quality child care and improve health and safe-
30 ty standards in child care programs;
31 (j) [business] incentives to institutions that offer child care to
32 increase universal and free child care [access and the impact on tax
33 credits and deductions relating to child care];
34 (k) ways to address concerns identified in the course of the examina-
35 tion required by this subdivision; [and]
36 (l) the existence of illegal and unregulated child care providers, the
37 labor conditions of employees at such facilities, and regulatory recom-
38 mendations for approaching such providers;
39 (m) disparities in the quality of child care provided to families of
40 different economic backgrounds, and the funding needed to provide high-
41 quality child care for all;
42 (n) the factors contributing to the success of implementing universal
43 pre-k programs in the state and the unintended consequences impacting
44 child care providers, particularly family-based providers, in the state,
45 together with recommendations;
46 (o) how to implement federal funding for child care and universal
47 pre-k in a way that maximizes federal appropriations, allows the state
48 to achieve and fund a more expansive program that is not restricted by
49 narrow and restrictive means-testing requirements and implements
50 universal pre-k funding in a manner where the state education department
51 and the office of children and family services coordinate so that such
52 funding is allocated in a manner that supports and expands the state's
53 child care providers, rather than harming existing programs;
54 (p) how to ensure an expeditious phased-in rollout of universal child
55 care using existing state and federal resources, in no more than four
56 years, with an emphasis on building out necessary infrastructure and
S. 7595 4
1 providing care for those most in need while we move towards a truly
2 universal system;
3 (q) how best to phase in the establishment of a permanent department
4 of early education and care, which shall possess the duties required to
5 maintain and administer the free and high-quality universal child care
6 system pursuant to the recommendations of the taskforce;
7 (r) anything else the taskforce deems necessary.
8 4. The taskforce shall report [its interim findings and recommenda-
9 tions in accordance with subdivision three of this section to the gover-
10 nor, the speaker of the assembly and the temporary president of the
11 senate no later than November first, two thousand eighteen and its final
12 findings and recommendations no later than December thirty-first, two
13 thousand twenty] a four-year plan for a phased roll-out of universal
14 child care in the state, and make annual recommendations, starting in
15 November two thousand twenty-two and each November thereafter through
16 November two thousand twenty-five, for specific appropriations for budg-
17 et allocations that would allow for a truly free and universal child
18 care system, including, but not limited to: (i) wage increases for child
19 care workers that allow them to achieve pay parity with public school
20 teachers; (ii) capital expenditures to allow for the expansion of child
21 care infrastructure into communities most in need; and (iii) startup
22 funds to allow for the creation of new child care programs in child care
23 deserts. Such recommendations shall include recommendations to identify
24 all reasonable means of maximizing the allocation of federal funds, as
25 well as supplemental funding from the state that would allow for a truly
26 free and universal child care system. The taskforce report shall further
27 make recommendations for the integration of child care programs into
28 existing public programs, such as public schools, public universities,
29 and public housing, to deliver high-quality child care to all New York-
30 ers. Such recommendations shall be based on what is needed to actually
31 achieve a high-quality universal child care system in the state, and
32 what additional funding would be needed from the state to achieve that
33 goal. Each year, following the annual state budget, the taskforce shall
34 also provide a score card stating how close New York has come to achiev-
35 ing a high-quality universal child care system, provided, however, that
36 taskforce members who are employees of the governor's office and the
37 state legislature shall recuse themselves from such rating process. The
38 taskforce shall report its findings annually through November two thou-
39 sand twenty-five.
40 § 4. Subdivision 8 of section 390 of the social services law, as added
41 by chapter 750 of the laws of 1990, is amended to read as follows:
42 8. The [department] office of children and family services shall
43 establish and maintain a list of all current registered and licensed
44 child day care programs and a list of all programs whose license or
45 registration has been revoked, rejected, terminated, or suspended. [Such
46 information shall be available to the public, pursuant to procedures
47 developed by the department] The office of children and family services
48 shall work with service providers and child care resource and referral
49 agencies throughout the state to gather information to create and main-
50 tain a publicly-searchable, user-friendly, and language-accessible data-
51 base of available child care facilities on the office's website and on a
52 companion phone application. Such database shall be updated in real
53 time and shall provide and be searchable by the following information:
54 (a) the name and address of the facility;
55 (b) the capacity of the facility;
S. 7595 5
1 (c) whether the facility is fully enrolled or has current availabili-
2 ty, with the available capacity specified by age group;
3 (d) whether the facility has a waiting list for which a family can
4 apply;
5 (e) the age range allowable for the facility;
6 (f) the modality for the facility;
7 (g) the operating hours for the facility;
8 (h) the language or languages spoken at the facility; and
9 (i) whether the facility has been cited for any violations, with any
10 such violations separated into "dangerous" and "non-dangerous" catego-
11 ries, and prominent notices indicating whether any such violations have
12 been cured or addressed.
13 The office of children and family services shall provide information
14 on its website in English, French, Polish, and the ten most common non-
15 English languages spoken by individuals with limited English proficiency
16 in the state, based on United States census data.
17 § 5. Subdivision 1 of section 410 of the social services law, as added
18 by chapter 395 of the laws of 1965, is amended to read as follows:
19 1. A public welfare official of a county, city or town is [authorized]
20 obligated, provided funds have been made available therefor, to provide
21 day care at public expense for children residing in his or her territory
22 [who are eligible therefor pursuant to provisions of this title. Such
23 care may be provided only in cases where it is determined, under crite-
24 ria established by the department, that there is a need therefor because
25 of inability of the parents to provide care and supervision for a
26 substantial part of the day and that such care is in the best interest
27 of the child and parent. Where the family is able to pay part or all of
28 the costs of such care, payment of such fees as may be reasonable in the
29 light of such ability shall be required] with the aim of providing free
30 and universal child care for all families within such territory.
31 § 6. Subdivision 2 of section 410-b of the social services law, as
32 added by chapter 395 of the laws of 1965 and as renumbered by chapter
33 640 of the laws of 1971, is amended and a new subdivision 5 is added to
34 read as follows:
35 2. The [department of social welfare] office of children and family
36 services is hereby designated and empowered to act as the agent of the
37 state in carrying out the provisions of any such federal law with
38 respect to such day care facilities in this state. In exercising this
39 duty as agent of the state, the office of children and family services
40 shall seek to obtain any waivers or permissions from federal agencies
41 necessary and proper to allow the state and its various subdivisions to
42 implement a child care system that is universal and free at the point of
43 service, notwithstanding that the state's child care system may be more
44 expansive than what is being reimbursed with federal funds.
45 5. To the extent that federal funds are offered for child care and are
46 contingent on matching funds from the state, the state shall make all
47 reasonable efforts to maximize the allocation of federal funds by making
48 sufficient state-level appropriations.
49 § 7. Subdivisions 5, 6, 7 and 8 of section 410-x of the social
50 services law are renumbered subdivisions 6, 7, 8 and 9 and a new subdi-
51 vision 5 is added to read as follows:
52 5. (a) For each group for which the office of children and family
53 services determines a separate payment rate pursuant to subdivision four
54 of this section, and at the same frequency, such office shall utilize a
55 cost estimation model to determine the actual cost providers incur when
56 providing high-quality child care. The cost estimation model shall iden-
S. 7595 6
1 tify and take into account cost drivers including but not limited to
2 employee salary and benefits, enrollment levels, facility costs and
3 compliance with statutory and regulatory requirements. Where a quality
4 rating system or any quality indicators are being utilized, the cost
5 estimation model shall also take into account the cost of providing
6 services at each level of quality.
7 (b) In developing such model the office of children and family
8 services shall consult with stakeholders including, but not limited to,
9 representatives of child care resource and referral agencies, child care
10 providers, labor leaders for any labor unions representing child care
11 workers in the state, and any state advisory council established pursu-
12 ant to 42 U.S.C.S. § 9831 et. seq., as amended. The cost estimation
13 model shall be statistically valid, using complete and current data and
14 rigorous collection methods. The cost estimation model shall further
15 account for biases in reported data that tend to underestimate the cost
16 of care, and shall make appropriate adjustments.
17 § 8. Section 410-z of the social services law, as added by section 52
18 of part B of chapter 436 of the laws of 1997, is amended to read as
19 follows:
20 § 410-z. Reporting requirements. 1. Each social services district
21 shall collect and submit to the [department] office of children and
22 family services, in such form and at such times as specified by the
23 [department] office of children and family services, such data and
24 information regarding child care assistance provided under the block
25 grant as the [department] office of children and family services may
26 need to comply with federal reporting requirements.
27 2. The office of children and family services shall prepare a report
28 detailing the actual cost providers incur when providing child care in
29 each setting, as determined by the cost estimation model established in
30 paragraph (a) of subdivision five of section four hundred ten-x of this
31 title. The report shall detail cost data for each setting, age group,
32 care provided to children with special needs, and any other grouping for
33 which a separate cost estimation is conducted. Such data shall include:
34 (a) the level of quality care as determined by a quality rating system
35 or any quality indicators utilized by the state;
36 (b) a description of the major cost drivers for providing care; and
37 (c) a comparison of the costs of child care for each grouping to the
38 market rate determined by the office of children and family services
39 pursuant to subdivision four of section four hundred ten-x of this
40 title.
41 The report shall be submitted to the governor, the speaker of the
42 assembly and the temporary president of the senate by June first, two
43 thousand twenty-three and June first of every other year thereafter. The
44 office of children and family services shall post the information
45 contained in the report on its website.
46 § 9. Subdivision 1 and paragraph (b) of subdivision 5 of section 410-c
47 of the social services law, subdivision 1 as added by chapter 1014 of
48 the laws of 1969, paragraph (a) of subdivision 1 as amended by chapter
49 110 of the laws of 1971, and paragraph (b) of subdivision 5 as amended
50 by chapter 277 of the laws of 1990, and such section as renumbered by
51 chapter 640 of the laws of 1971, are amended to read as follows:
52 1. (a) Expenditures made by counties, cities, and towns for day care
53 and its administration, and day care center projects, pursuant to the
54 provisions of this title, shall, if approved by the department, be
55 subject to reimbursement by the state, in accordance with the regu-
56 lations of the department, as follows: There shall be paid to each coun-
S. 7595 7
1 ty, city or town (1) the amount of federal funds, if any, properly
2 received or to be received on account of such expenditures; (2) [fifty]
3 ninety per centum of its expenditures for day care and its adminis-
4 tration and day care center projects, after first deducting therefrom
5 any federal funds received or to be received on account thereof, and any
6 expenditures defrayed by fees paid by parents or by other private
7 contributions.
8 (b) For the purpose of this title, expenditures for administration of
9 day care shall include expenditures for compensation of employees in
10 connection with the furnishing of day care, including but not limited to
11 costs incurred for pensions, federal old age and survivors insurance and
12 health insurance for such employees; training programs for personnel,
13 operation, maintenance and service costs; and such other expenditures
14 such as equipment costs, depreciation and charges and rental values as
15 may be approved by the department. It [shall not] may include expendi-
16 tures for capital costs in appropriate cases at the discretion of the
17 department, provided that capital costs are prioritized in areas that
18 are categorized as child care deserts. In the case of day care purchased
19 from a non-profit corporation constituting an eligible borrower pursuant
20 to title five-a of this article, expenditures shall include an allocable
21 proportion of all operating costs of such facility as may be approved by
22 the department including but not limited to the expenditures enumerated
23 in this paragraph [(b)] and expenditures for amortization, interest and
24 other financing costs of any mortgage loan made to such non-profit
25 corporation.
26 (b) The commissioner shall, within appropriations made available
27 therefor, select proposed school age child day care programs which shall
28 be eligible to receive an award [of no more than twenty-five thousand
29 dollars] for start up or expansion costs, including planning, rental,
30 operational and equipment costs, or minor renovations identified as
31 being necessary in order for the program to comply with applicable state
32 or local building, fire safety or licensing standards, based on plans
33 submitted to him. The commissioner shall give preference to those areas
34 of the state which are significantly underserved by existing school age
35 child day care programs and to those programs which involve parents in
36 the development and implementation of programs. The commissioner shall
37 publicize this availability of funds to be used for purposes of this
38 subdivision in awarding grants. Plans may be submitted by private not-
39 for-profit corporations, organizations or governmental subdivisions.
40 § 10. Subdivision 8 of section 410-w of the social services law, as
41 amended by section 1 of part Z of chapter 56 of the laws of 2021, is
42 amended to read as follows:
43 8. Notwithstanding any other provision of law, rule or regulations to
44 the contrary, a social services district that implements a plan amend-
45 ment to the child care portion of its child and family services plan,
46 either as part of an annual plan update, or through a separate plan
47 amendment process, where such amendment reduces eligibility for, or
48 increases the family share percentage of, families receiving child care
49 services, or that implements the process for closing child care cases as
50 set forth in the district's approved child and family services plan, due
51 to the district determining that it cannot maintain its current caseload
52 because all of the available funds are projected to be needed for open
53 cases, shall provide all families whose eligibility for child care
54 assistance or family share percentage will be impacted by such action
55 with at least thirty days prior written notice of the action. Provided,
56 however, that a family receiving assistance pursuant to this title shall
S. 7595 8
1 not be required to contribute more than what is required by federal law
2 or ten percent of their income exceeding the federal poverty level,
3 whichever is lower, and that such cost shall be covered entirely by the
4 state.
5 § 11. Subdivision 6 of section 410-x of the social services law, as
6 amended by section 2 of part Z of chapter 56 of the laws of 2021, is
7 amended to read as follows:
8 6. Pursuant to department regulations, child care assistance shall be
9 provided on a sliding fee basis based upon the family's ability to pay;
10 provided, however, that a family receiving assistance pursuant to this
11 title shall not be required to contribute more than what is required by
12 federal law or ten percent of their income exceeding the federal poverty
13 level, whichever is lower, and that such cost shall be covered entirely
14 by the state.
15 § 12. Section 410-x of the social services law is amended by adding a
16 new subdivision 9 to read as follows:
17 9. A social services district shall establish differential payment
18 rates for child care services provided by licensed, registered or
19 enrolled child care providers as required by this subdivision.
20 (a) Local social services districts shall establish a differential
21 payment rate for child care services provided by licensed or registered
22 child care providers who provide care to a child or children experienc-
23 ing homelessness. Such differential payment rate shall be twenty percent
24 higher than the actual cost of care or the applicable market-related
25 payment rate established by the office of children and family services
26 in regulations, whichever is less.
27 (b) Local social services districts shall establish a differential
28 payment rate for child care services provided by licensed, registered,
29 or enrolled child care providers who provide care to a child during
30 nontraditional hours. "Nontraditional hours" shall mean care provided in
31 the evening, night, or on the weekend. Such differential payment rate
32 shall be twenty percent higher than the actual cost of care or the
33 applicable market-related payment rate established by the office of
34 children and family services in regulations, whichever is less.
35 (c) The cost of the differential payment rates established under this
36 subdivision shall be covered by the state.
37 § 13. Subdivision 1 of section 410 of the social services law, as
38 added by chapter 395 of the laws of 1965, is amended to read as follows:
39 1. A public welfare official of a county, city or town [is authorized]
40 shall, provided funds have been made available therefor, [to] and with
41 the state making all reasonable efforts to obtain federal funding and
42 supplementing those amounts with additional state funding, provide day
43 care at public expense for children residing in his or her territory who
44 are eligible therefor pursuant to provisions of this title. Such care
45 [may] shall be provided [only in cases where it is determined,] under
46 criteria established by the [department, that there is a need therefor
47 because of inability of the parents to provide care and supervision for
48 a substantial part of the day and that such care is in the best interest
49 of the child and parent] office of children and family services;
50 provided, however, that the public welfare official shall not limit
51 authorized child care services strictly based on the work, training, or
52 educational schedule of the parents or the number of hours the parents
53 spend in work, training, or educational activities, nor shall the
54 public welfare official limit authorized child care services based on
55 proof of immigration status. Where the family [is able to pay part or
56 all of the costs of such care] income is more than one thousand percent
S. 7595 9
1 of the poverty line, payment of such fees as may be reasonable in the
2 light of such ability [shall] may be required to the extent necessary as
3 the state transitions to a system that is free and universal. To the
4 extent there are insufficient funds to immediately serve all families,
5 the state shall make all reasonable efforts to incrementally expand to
6 universal access over a period of four years, pursuant to the phase-in
7 priorities and principles recommended by the taskforce under section
8 three hundred ninety-k of this article.
9 § 14. Paragraph (b) of subdivision 3 of section 410 of the social
10 services law is REPEALED and paragraphs (c) and (d) are relettered para-
11 graphs (b) and (c).
12 § 15. Subdivisions 1 and 2 of section 410-bb of the social services
13 law, subdivision 1 as added by chapter 503 of the laws of 1988, subdivi-
14 sion 2 as amended by chapter 659 of the laws of 1988, are amended to
15 read as follows:
16 1. The legislature finds and declares that a crisis exists in the
17 availability and quality of child day care in New York state and that
18 this crisis poses a danger both to the welfare and safety of the chil-
19 dren and to the productivity of this state's workforce; that inadequate
20 salaries and in many cases nonexistent benefit packages have substan-
21 tially contributed to the existing crisis by precluding day care centers
22 from recruiting and retaining necessary teaching and supervisory staff;
23 that an extremely high turnover rate has interfered in many instances
24 with the ability of day care centers to comply with regulatory require-
25 ments and to properly serve the children in their care; and that because
26 of these extraordinary circumstances New York state must intervene and
27 provide assistance for recruitment and retention of child care workers,
28 with the goal of creating a free and universal child care system that is
29 available to all, in the same manner as the public school system, with-
30 out the burdens of means-testing. The legislature recognizes that a
31 long-term solution to this crisis will require cooperative efforts among
32 [the business community, local and state governments and families] all
33 New Yorkers.
34 2. Within amounts appropriated specifically therefor, and after
35 deducting funds as specified in subdivision three of this section, the
36 commissioner shall allocate funds to local social services districts for
37 grants to [eligible not-for-profit day care centers] child care provid-
38 ers for retention and recruitment of teaching and supervisory staff, [as
39 follows:
40 (a) a city social services district with a population in excess of one
41 million shall be allocated a portion of such funds based on an equal
42 weighting of:
43 (i) its proportion of the state population of children aged five and
44 under, and
45 (ii) its proportion of total claims for reimbursement received by the
46 department by May thirty-first, nineteen hundred eighty-eight for the
47 low income, transitional and teen parent day care programs authorized by
48 chapter fifty-three of the laws of nineteen hundred eighty-seven.
49 (b) all other eligible local social services districts shall be allo-
50 cated the remaining portion of funds based on each district's propor-
51 tionate share of licensed not-for-profit day care capacity relative to
52 the total capacity of all such other eligible districts] with the aim of
53 providing staff with salary and benefits that is at parity with that of
54 local public school teachers in the relevant area.
55 § 16. Subdivisions 1 and 2 of section 410-v of the social services
56 law, subdivision 1 as added by section 52 of part B of chapter 436 of
S. 7595 10
1 the laws of 1997, subdivision 2 as amended by chapter 214 of the laws of
2 1998, are amended to read as follows:
3 1. The part of the block grant that is determined to be available to
4 social services districts for child care assistance shall be apportioned
5 among the social services districts by the department according to an
6 allocation plan developed by the department and approved by the director
7 of the budget. The allocation plan shall [be based, at least in part, on
8 historical costs and on the availability and cost of, and the need for,
9 child care assistance in each social services district] aim to provide
10 universal and free child care on a statewide basis. Annual allocations
11 shall be made on a federal fiscal year basis and shall incorporate the
12 annual recommendations of the child care taskforce established under
13 section three hundred ninety-k of this article.
14 2. Reimbursement under the block grant to a social services district
15 for its expenditures for child care assistance shall be available for
16 [seventy-five] ninety percent of the district's expenditures for child
17 care assistance provided to those families in receipt of public assist-
18 ance which are eligible for child care assistance under this title and
19 for one hundred percent of the social services district's expenditures
20 for other eligible families[; provided, however, that such reimbursement
21 shall be limited to the social services district's annual state block
22 grant allocation]. To the extent that families are not eligible for
23 funding pursuant to this provision, the state shall make all reasonable
24 efforts to ensure that families not eligible for federally-funded child
25 care have access, phased in over a period of four years, pursuant to the
26 phase-in priorities and principles recommended by the taskforce under
27 section three hundred ninety-k of this article.
28 § 17. Subdivisions 1 and 2 of section 410-w of the social services
29 law, as amended by chapter 569 of the laws of 2001, are amended to read
30 as follows:
31 1. A social services district may use the funds allocated to it from
32 the block grant to provide child care assistance to[:
33 (a) families receiving public assistance when such child care assist-
34 ance is necessary: to enable a parent or caretaker relative to engage in
35 work, participate in work activities or perform a community service
36 pursuant to title nine-B of article five of this chapter; to enable a
37 teenage parent to attend high school or other equivalent training
38 program; because the parent or caretaker relative is physically or
39 mentally incapacitated; or because family duties away from home necessi-
40 tate the parent or caretaker relative's absence; child day care shall be
41 provided during breaks in activities, for a period of up to two weeks.
42 Such child day care may be authorized for a period of up to one month if
43 child care arrangements shall be lost if not continued, and the program
44 or employment is scheduled to begin within such period;
45 (b) families with incomes up to two hundred percent of the state
46 income standard who are attempting through work activities to transition
47 off of public assistance when such child care is necessary in order to
48 enable a parent or caretaker relative to engage in work provided such
49 families' public assistance has been terminated as a result of increased
50 hours of or income from employment or increased income from child
51 support payments or the family voluntarily ended assistance; and,
52 provided that the family received public assistance at least three of
53 the six months preceding the month in which eligibility for such assist-
54 ance terminated or ended or provided that such family has received child
55 care assistance under subdivision four of this section;
S. 7595 11
1 (c) families with incomes up to two hundred percent of the state
2 income standard which are determined in accordance with the regulations
3 of the department to be at risk of becoming dependent on family assist-
4 ance;
5 (d) families with incomes up to two hundred percent of the state
6 income standard who are attending a post secondary educational program
7 and working at least seventeen and one-half hours per week; and
8 (e) other families with incomes up to two hundred percent of the state
9 income standard which the social services district designates in its
10 consolidated services plan as eligible for child care assistance in
11 accordance with criteria established by the department] families who
12 need child care or who are having trouble affording child care, to the
13 maximum extent permissible under federal laws and regulations. To the
14 extent that families are not eligible for funding pursuant to this
15 provision, the state shall make all reasonable efforts to ensure that
16 families not eligible for federally-funded child care have access,
17 phased in over a period of four years, pursuant to the phase-in priori-
18 ties and principles recommended by the taskforce under section three
19 hundred ninety-k of this article.
20 2. [For the purposes of this title, the term "state income standard"
21 means the most recent federal income official poverty line (as defined
22 and annually revised by the federal office of management and budget)
23 updated by the department for a family size of four and adjusted by the
24 department for family size] Each social services district shall conduct
25 extensive and language-accessible outreach to families who need child
26 care or who are having trouble affording child care. To the extent that
27 social services districts or the office of children and family services
28 are required to examine families' incomes pursuant to federal laws or
29 regulations, they shall use the least restrictive and most efficient
30 means available to avoid placing undue burdens on families applying for
31 assistance. To the extent that families applying for assistance are
32 required to provide proof of eligibility, each local social services
33 district and the office of children and family services shall make all
34 reasonable efforts to provide assistance in completing all necessary
35 documents expeditiously.
36 § 18. Subdivision 2 of section 410-u of the social services law, as
37 added by section 52 of part B of chapter 436 of the laws of 1997, is
38 amended to read as follows:
39 2. The state block grant for child care shall be divided into two
40 parts pursuant to a plan developed by the department and approved by the
41 director of the budget. One part shall be retained by the state to
42 provide child care on a statewide basis to special groups and for
43 activities to increase the availability and/or quality of child care
44 programs, including, but not limited to, the start-up of child care
45 programs, the increase of child care worker salaries, the operation of
46 child care resource and referral programs, training activities, the
47 regulation and monitoring of child care programs, the development of
48 computerized data systems, and consumer education, provided however,
49 that child care resource and referral programs funded under title five-B
50 of article six of this chapter shall meet additional performance stand-
51 ards developed by the department of social services including but not
52 limited to: increasing the number of child care placements for all
53 persons, with priority given to persons who are at or below [two hundred
54 percent of the state income standard with emphasis on placements
55 supporting local efforts in meeting federal and state work participation
56 requirements,] one thousand percent of the federal poverty line;
S. 7595 12
1 increasing technical assistance to all modalities of legal child care to
2 persons, with a priority given to persons who are at or below [two
3 hundred percent of the state income standard,] one thousand percent of
4 the federal poverty line; including the provision of training to assist
5 providers in meeting child care standards or regulatory requirements[,];
6 and creating new child care opportunities, and assisting social services
7 districts in assessing and responding to child care needs for all
8 persons, with priority given to persons at or below [two hundred percent
9 of the state income standard] one thousand percent of the federal pover-
10 ty line. The department shall have the authority to withhold funds from
11 those agencies which do not meet performance standards. Agencies whose
12 funds are withheld may have funds restored upon achieving performance
13 standards. The other part shall be allocated to social services
14 districts to provide child care assistance to families receiving family
15 assistance and to other low income families. To the extent that fami-
16 lies are not eligible for funding pursuant to this subdivision, the
17 state shall make all reasonable efforts to ensure that families not
18 eligible for federally-funded child care have access, phased in over a
19 period of four years, pursuant to the phase-in priorities and principles
20 recommended by the taskforce under section three hundred ninety-k of
21 this article.
22 § 19. Section 410-cc of the social services law, as amended by chapter
23 882 of the laws of 1990, is amended to read as follows:
24 § 410-cc. Start up grants for child day care. The commissioner shall
25 provide funds to start up grants to not-for-profit organizations or
26 corporations for the development of new or expanded all day child day
27 care programs including costs related to planning, renting, renovating,
28 operating, and purchasing equipment. The commissioner shall establish
29 guidelines including, but not limited to, allowable costs, and criteria
30 for eligibility for grants giving preference to those child day care
31 providers who [will, to the maximum extent feasible, target services to
32 households having incomes up to two hundred percent of the federal
33 poverty standard] serve areas that currently constitute child care
34 deserts, and with the aim of developing New York's statewide universal
35 child care infrastructure. The commissioner shall widely publicize the
36 availability of funds and conduct extensive outreach in a language-ac-
37 cessible manner to develop the state's universal child care infrastruc-
38 ture. [No awards shall be granted which exceed twenty-five hundred
39 dollars for a new family day care provider or new group family day care
40 provider, and one hundred thousand dollars for a new child day care
41 center.] Child care resource and referral agencies [may] shall receive
42 family day care start up grants [not to exceed two thousand five hundred
43 dollars per new provider] if the agency trains such new family provider
44 and thereby expands the supply of family day care programs in the commu-
45 nity. The commissioner shall give preference to those communities which
46 are significantly underserved by existing programs and to those programs
47 which and those providers who will serve infants under two years of age.
48 § 20. Section 101 of the education law is amended to read as follows:
49 § 101. Education department; regents of the university. There shall
50 continue to be in the state government an education department. The
51 department is charged with the general management and supervision of all
52 public schools and all of the educational work of the state, including
53 the operations of The University of the State of New York and the exer-
54 cise of all the functions of the education department, of The University
55 of the State of New York, of the regents of the university and of the
56 commissioner of education and the performance of all their powers and
S. 7595 13
1 duties, which were transferred to the education department [by section
2 three hundred twelve of the state departments law] or shall have been
3 prescribed by law before March sixteenth, nineteen hundred twenty-seven,
4 whether in terms vested in such department or university or in any sub-
5 department, division or bureau thereof or in such commissioner, board or
6 officer, and such functions, powers and duties shall continue to be
7 vested in the education department continued by this chapter and shall
8 continue to be exercised and performed therein by or through the appro-
9 priate officer, sub-department, division or bureau thereof, together
10 with such functions, powers and duties as hereafter may be conferred or
11 imposed upon such department by law. The education department shall also
12 establish an office of early education, which shall be tasked with coor-
13 dinating with the office of children and family services to ensure that
14 the implementation of funding for universal pre-K and 3-K for all
15 programs are phased in in a manner that complements and supports child
16 care providers within the state and provides equitable wages, benefits,
17 and working conditions for child care workers, pursuant to the guidance
18 established by the taskforce under section three hundred ninety-k of the
19 social services law. All the provisions of this chapter, in so far as
20 they are not inconsistent with the provisions of this chapter as hereby
21 amended or may be made applicable, shall apply to the education depart-
22 ment continued by this chapter as hereby amended and to The University
23 of the State of New York, the board of regents of the university, the
24 commissioner [of education] and to the divisions, bureaus and officers
25 in such department. The head of the department shall continue to be the
26 regents of The University of the State of New York, who shall appoint,
27 and at pleasure may remove, the commissioner [of education]. The
28 commissioner shall continue to be the chief administrative officer of
29 the department. The regents also may appoint and, at pleasure, remove a
30 deputy commissioner [of education], who shall perform such duties as the
31 regents may assign to him by rule and who, in the absence or disability
32 of the commissioner or when a vacancy exists in the office of commis-
33 sioner, shall exercise and perform the functions, powers and duties
34 conferred or imposed on the commissioner by this chapter. The regents
35 of The University of the State of New York shall continue to constitute
36 a board and The University of the State of New York, which was continued
37 under such name by section two of article eleven of the constitution,
38 shall continue to be governed and all its corporate powers to be exer-
39 cised by such board.
40 § 21. Section 2 of chapter 493 of the laws of 2017 amending the social
41 services law relating to establishing a child care availability task-
42 force to evaluate the need for and availability of child care throughout
43 the state, as amended by section 2 of chapter 33 of the laws of 2018, is
44 amended to read as follows:
45 § 2. This act shall take effect immediately and shall expire December
46 31, [2021] 2025 when upon such date the provisions of this act shall be
47 deemed repealed.
48 § 22. The state finance law is amended by adding three new sections
49 99-oo, 99-pp, and 99-qq to read as follows:
50 § 99-oo. Child care workforce stabilization fund. 1. There is hereby
51 established in the custody of the state comptroller and the commissioner
52 of taxation and finance a fund to be known as the child care workforce
53 stabilization fund.
54 2. Such fund shall consist of all moneys collected therefor or credit-
55 ed or transferred thereto from any other fund, account or source. Any
56 interest received by the comptroller on moneys on deposit in the child
S. 7595 14
1 care workforce stabilization fund shall be retained in and become a part
2 of such fund.
3 3. Moneys in the child care workforce stabilization fund, following
4 appropriation by the legislature, shall be utilized to directly raise
5 wages among participating programs as New York adjusts its reimbursement
6 rates to cover the true cost of child care, and to allow child care
7 providers to pay staff adequate wages and benefits at parity with public
8 school teachers as New York state restructures its economy to reflect
9 the true value of this important work. Such moneys shall be allocated
10 through agencies including, but not limited to, the office of children
11 and family services.
12 § 99-pp. Child care transitional reimbursement rate fund. 1. There
13 is hereby established in the custody of the state comptroller and the
14 commissioner of taxation and finance a fund to be known as the child
15 care transitional reimbursement rate fund.
16 2. Such fund shall consist of all moneys collected therefor or credit-
17 ed or transferred thereto from any other fund, account or source. Any
18 interest received by the comptroller on moneys on deposit in the child
19 care transitional reimbursement rate fund shall be retained in and
20 become a part of such fund.
21 3. Moneys in the child care transitional reimbursement rate fund,
22 following appropriation by the legislature, shall be utilized in a
23 manner that reflects a transitional reimbursement rate structure based
24 on the results of the forthcoming child care market rate survey or the
25 existing survey, whichever results in higher rates. Reimbursement rates
26 shall be set at the ninetieth percentile of market rates in each region
27 to ensure that per child amounts are sufficient to not disrupt the child
28 care sector during this transition from a market rate-based model to a
29 model based on the true cost of quality care. During the phase-in peri-
30 od, entry level staff shall be paid at least a living wage, with more
31 experienced staff compensated at a proportionately higher rate and with
32 compensation progressively increasing over the course of the transition
33 period. Such moneys shall be allocated through agencies including, but
34 not limited to, the office of children and family services.
35 § 99-qq. Child care infrastructure development fund. 1. There is
36 hereby established in the custody of the state comptroller and the
37 commissioner of taxation and finance a fund to be known as the child
38 care infrastructure development fund.
39 2. Such fund shall consist of all moneys collected therefor or credit-
40 ed or transferred thereto from any other fund, account or source. Any
41 interest received by the comptroller on moneys on deposit in the child
42 care infrastructure development fund shall be retained in and become a
43 part of such fund.
44 3. Moneys in the child care infrastructure development fund, following
45 appropriation by the legislature, shall be used to build and develop
46 child care infrastructure in connection with existing public insti-
47 tutions such as public universities, public schools, and public housing.
48 § 23. The sum of five billion dollars ($5,000,000,000) is hereby
49 appropriated out of any moneys in the state treasury in the general fund
50 to the credit of the state purposes account, not otherwise appropriated,
51 and made immediately available as set forth herein. Such funds shall be
52 allocated as follows:
53 (a) Three billion dollars ($3,000,000,000) shall be allocated to guar-
54 antee access to child care subsidies to high-quality and culturally
55 responsive child care that meets the needs of all children, including
56 children with disabilities, those experiencing trauma, multilingual
S. 7595 15
1 learners, families who work non-traditional hours, and families experi-
2 encing homelessness or in transitional housing. Such moneys shall be
3 allocated through agencies including, but not limited to, the office of
4 children and family services.
5 (b) One billion dollars ($1,000,000,000) shall be allocated to the
6 child care workforce stabilization fund established pursuant to section
7 99-oo of the state finance law.
8 (c) Six hundred million dollars ($600,000,000) shall be allocated to
9 the child care transitional reimbursement rate fund pursuant to section
10 99-pp of the state finance law.
11 (d) Four hundred million dollars ($400,000,000) shall be allocated to
12 the child care infrastructure development fund pursuant to section 99-qq
13 of the state finance law.
14 § 24. This act shall take effect immediately; provided, that the
15 amendments to section 390-k of the social services law made by section
16 three of this act shall not affect the repeal of such section and shall
17 be deemed repealed therewith; provided, however, that the amendments to
18 subdivision 8 of section 410-w of the social services law made by
19 section ten of this act and the amendments to subdivision 6 of section
20 410-x of the social services law made by section eleven of this act
21 shall not affect the expiration of such subdivisions and shall be deemed
22 to expire therewith.
