The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8623
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by  M.  of  A.  HEVESI,  SOLAGES,  DINOWITZ -- 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  the  provision of universal child care; to amend chapter
   493 of the laws of 2017 amending the social services law  relating  to
   establishing  a child care availability taskforce to evaluate the need
   for and availability of child care throughout the state,  in  relation
   to  the  effectiveness  thereof;  to  amend  the state finance law, in
   relation to establishing certain funds to provide for  the  establish-
   ment and funding of universal child care; to repeal certain provisions
   of  the  social services law relating thereto; and making an appropri-
   ation therefor
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known and may be cited as the "universal
 child care act".
   § 2. Legislative findings. The legislature hereby finds  and  declares
 that New York State's child care sector is facing an economic crisis. In
 2018,  the  legislature created a Child Care Availability Task Force. In
 2021, that Task Force issued its final report, finding that the  current
 crisis  "requires  a  dramatically different approach to child care: one
 that recognizes that high-quality child care is a public good  and  that
 provides the necessary public investment" to implement a system of high-
 quality  universal  child  care.  This  legislation  will  move New York
 towards such a dramatically new system, where  child  care  workers  are
 treated  with  dignity  and compensated generously as the educators that
 they are, where child care is free and available to all  just  like  our
 public  education system is free and available for all, where burdensome
 and ineffective means-testing requirements  are  ultimately  eliminated,
 where  public  investments are directed towards those most in need as we
 build out our important child care infrastructure, where families have a
 meaningful ability to select the modalities that  work  best  for  their
 children,  where  child care providers are not forced to compete against
 each other, where high-quality is ensured for all so that we do not have
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14016-01-1
 A. 8623                             2
 
 a two-tiered child care system where the wealthy have high-quality  care
 and the working poor have substandard care, where both federal and state
 funding is allocated generously, where the burden on localities is mini-
 mized, and where our child care system is truly universal.
   § 3. Section 390-k of the social services law, as added by chapter 493
 of  the  laws of 2017, subdivisions 2, 3, and 4 as amended by chapter 33
 of the laws of 2018, is amended to read as follows:
   § 390-k. Child care availability taskforce. 1. There shall  be  estab-
 lished  within  the  office of children and family services a child care
 taskforce for the purpose of [evaluating the need for  and  availability
 of child care throughout the state] GUIDING NEW YORK TOWARDS A SYSTEM OF
 FREE AND UNIVERSAL CHILD CARE.
   2. The taskforce shall be chaired by a representative of the executive
 chamber  and  the  commissioners  of  the  office of children and family
 services [and], the department of labor AND THE DEPARTMENT OF EDUCATION,
 or their designees. Members of the taskforce shall serve without compen-
 sation for three year terms, but may  be  reimbursed  for  actual  costs
 incurred   for   participation  on  such  taskforce.  Ensuring  adequate
 geographic representation, members of the taskforce shall  be  appointed
 by the governor and comprised as follows:
   (a)  three  individuals  shall be appointed upon the recommendation of
 the speaker of the assembly, at least one of whom shall be a parent  who
 has utilized subsidized child care;
   (b)  three  individuals  shall be appointed upon the recommendation of
 the temporary president of the senate, at least one of whom shall  be  a
 parent who has utilized subsidized child care;
   (c) two representatives of a child care resource and referral agency;
   (d) two representatives of home-based child care providers;
   (e) two representatives of center-based child care providers;
   (f) two representatives from the business community;
   (g)  two representatives from unions that represent child care provid-
 ers; and
   (h) at least one representative from each of the following entities:
   (i) the office of temporary and disability assistance;
   (ii) the council on children and families;
   (iii) the department of taxation and finance;
   (iv) a regional economic development council;
   (v) the state university of New York or the  city  university  of  New
 York;
   (vi) the state education department;
   (vii) the early childhood advisory council;
   (viii)  a  social  service  district or county government or an entity
 that advocates on behalf of social services or county governments; and
   (ix) a non-profit child care advocacy organization.
   3. The taskforce shall ADVISE THE STATE IN DEVELOPING  AN  IMPLEMENTA-
 TION  FRAMEWORK LEADING TO AN EXPEDITIOUS PHASED-IN ROLLOUT OF UNIVERSAL
 CHILD CARE USING EXISTING STATE AND FEDERAL RESOURCES AND SHALL  examine
 the following:
   (a)  [affordable child care with a focus on the cost of care for fami-
 lies and factors that contribute to such costs] HOW TO IMPLEMENT A TRULY
 UNIVERSAL CHILD CARE SYSTEM THAT IS FREE AT THE POINT OF SERVICE FOR ALL
 FAMILIES AND DELIVERS HIGH-QUALITY CHILD CARE TO ALL NEW YORKERS, WITH A
 FOUR-YEAR PHASE-IN THAT FOLLOWS PRIORITIES AND PRINCIPLES: WHERE  EXPAN-
 SIONS  ARE  TARGETED  TO  FIRST  COVER LOW-INCOME FAMILIES, HISTORICALLY
 UNDERSERVED COMMUNITIES AND FAMILIES  FACING  COMPLEX  NEEDS,  INCLUDING
 CHILDREN  WITH  DISABILITIES  AND  CHILD WELFARE INVOLVEMENT; WHERE WORK
 A. 8623                             3
 
 REQUIREMENTS, ACTIVITIES TESTS, AND IMMIGRATION STATUS REQUIREMENTS  FOR
 LOW-INCOME  FAMILIES  ARE  ALL  ELIMINATED; WHERE THE PHASE-IN TAKES ALL
 REASONABLE STEPS TO AVOID BENEFITS' CLIFFS; WHERE REASONABLE  STEPS  ARE
 TAKEN  TO  GUARD  AGAINST INCREASES IN COSTS FOR MIDDLE-INCOME FAMILIES;
 AND WHERE THE ROLL-OUT OF UNIVERSAL CHILD CARE IS COORDINATED  WITH  THE
 EXPANSIONS  TO  UNIVERSAL  PRE-K  AND  3-K FOR ALL PROGRAMS SO THAT SUCH
 PROGRAMS DO NOT CAUSE UNINTENTIONAL HARM TO CHILD CARE PROVIDERS;
   (b) [access to and availability of subsidized  child  care,  including
 the  identification  of] HOW TO ELIMINATE THE barriers families eligible
 under state law face obtaining or utilizing [such] subsidies;
   (c) HOW TO ENSURE THE availability of child care  for  non-traditional
 work  hours,  AND  IDENTIFICATION OF THE FUNDING THAT WOULD BE NEEDED TO
 EXPAND FACILITIES THAT COVER SUCH NON-TRADITIONAL WORK HOURS;
   (d) whether parents are voluntarily leaving the workforce due to  lack
 of  [affordable  or accessible] child care, and the demographic informa-
 tion of such parents, if known;
   (e) whether employers have identified lack of child care as  a  reason
 for a shortage of a qualified workforce;
   (f) the impact of child care, or lack thereof, on economic development
 throughout the state;
   (g) varying levels of quality of care throughout the state;
   (h)  availability of quality child care by economic development region
 including identification of underserved communities AND  RECOMMENDATIONS
 MAKING AVAILABLE FREE, HIGH-QUALITY CHILD CARE IN SUCH COMMUNITIES;
   (i)  whether  regulatory  or  statutory changes could promote FREE AND
 UNIVERSAL access to HIGH-QUALITY child care and improve health and safe-
 ty standards in child care programs;
   (j) [business] incentives to INSTITUTIONS THAT  OFFER  CHILD  CARE  TO
 increase  UNIVERSAL  AND  FREE  child care [access and the impact on tax
 credits and deductions relating to child care];
   (k) ways to address concerns identified in the course of the  examina-
 tion required by this subdivision; [and]
   (l) THE EXISTENCE OF ILLEGAL AND UNREGULATED CHILD CARE PROVIDERS, THE
 LABOR  CONDITIONS OF EMPLOYEES AT SUCH FACILITIES, AND REGULATORY RECOM-
 MENDATIONS FOR APPROACHING SUCH PROVIDERS;
   (M) DISPARITIES IN THE QUALITY OF CHILD CARE PROVIDED TO  FAMILIES  OF
 DIFFERENT  ECONOMIC BACKGROUNDS, AND THE FUNDING NEEDED TO PROVIDE HIGH-
 QUALITY CHILD CARE FOR ALL;
   (N) THE FACTORS CONTRIBUTING TO THE SUCCESS OF IMPLEMENTING  UNIVERSAL
 PRE-K  PROGRAMS  IN  THE STATE AND THE UNINTENDED CONSEQUENCES IMPACTING
 CHILD CARE PROVIDERS, PARTICULARLY FAMILY-BASED PROVIDERS, IN THE STATE,
 TOGETHER WITH RECOMMENDATIONS;
   (O) HOW TO IMPLEMENT FEDERAL FUNDING  FOR  CHILD  CARE  AND  UNIVERSAL
 PRE-K  IN  A WAY THAT MAXIMIZES FEDERAL APPROPRIATIONS, ALLOWS THE STATE
 TO ACHIEVE AND FUND A MORE EXPANSIVE PROGRAM THAT IS NOT  RESTRICTED  BY
 NARROW   AND   RESTRICTIVE  MEANS-TESTING  REQUIREMENTS  AND  IMPLEMENTS
 UNIVERSAL PRE-K FUNDING IN A MANNER WHERE THE STATE EDUCATION DEPARTMENT
 AND THE OFFICE OF CHILDREN AND FAMILY SERVICES COORDINATE SO  THAT  SUCH
 FUNDING  IS  ALLOCATED IN A MANNER THAT SUPPORTS AND EXPANDS THE STATE'S
 CHILD CARE PROVIDERS, RATHER THAN HARMING EXISTING PROGRAMS;
   (P) HOW TO ENSURE AN EXPEDITIOUS PHASED-IN ROLLOUT OF UNIVERSAL  CHILD
 CARE  USING  EXISTING  STATE AND FEDERAL RESOURCES, IN NO MORE THAN FOUR
 YEARS, WITH AN EMPHASIS ON BUILDING  OUT  NECESSARY  INFRASTRUCTURE  AND
 PROVIDING  CARE  FOR  THOSE  MOST  IN NEED WHILE WE MOVE TOWARDS A TRULY
 UNIVERSAL SYSTEM;
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   (Q) HOW BEST TO PHASE IN THE ESTABLISHMENT OF A  PERMANENT  DEPARTMENT
 OF  EARLY EDUCATION AND CARE, WHICH SHALL POSSESS THE DUTIES REQUIRED TO
 MAINTAIN AND ADMINISTER THE FREE AND HIGH-QUALITY UNIVERSAL  CHILD  CARE
 SYSTEM PURSUANT TO THE RECOMMENDATIONS OF THE TASKFORCE;
   (R) anything else the taskforce deems necessary.
   4.  The  taskforce  shall report [its interim findings and recommenda-
 tions in accordance with subdivision three of this section to the gover-
 nor, the speaker of the assembly and  the  temporary  president  of  the
 senate no later than November first, two thousand eighteen and its final
 findings  and  recommendations  no later than December thirty-first, two
 thousand twenty] A FOUR-YEAR PLAN FOR A  PHASED  ROLL-OUT  OF  UNIVERSAL
 CHILD  CARE  IN  THE STATE, AND MAKE ANNUAL RECOMMENDATIONS, STARTING IN
 NOVEMBER TWO THOUSAND TWENTY-TWO AND EACH  NOVEMBER  THEREAFTER  THROUGH
 NOVEMBER TWO THOUSAND TWENTY-FIVE, FOR SPECIFIC APPROPRIATIONS FOR BUDG-
 ET  ALLOCATIONS  THAT  WOULD  ALLOW FOR A TRULY FREE AND UNIVERSAL CHILD
 CARE SYSTEM, INCLUDING, BUT NOT LIMITED TO: (I) WAGE INCREASES FOR CHILD
 CARE WORKERS THAT ALLOW THEM TO ACHIEVE PAY PARITY  WITH  PUBLIC  SCHOOL
 TEACHERS;  (II) CAPITAL EXPENDITURES TO ALLOW FOR THE EXPANSION OF CHILD
 CARE INFRASTRUCTURE INTO COMMUNITIES MOST IN  NEED;  AND  (III)  STARTUP
 FUNDS TO ALLOW FOR THE CREATION OF NEW CHILD CARE PROGRAMS IN CHILD CARE
 DESERTS.  SUCH RECOMMENDATIONS SHALL INCLUDE RECOMMENDATIONS TO IDENTIFY
 ALL REASONABLE MEANS OF MAXIMIZING THE ALLOCATION OF FEDERAL  FUNDS,  AS
 WELL AS SUPPLEMENTAL FUNDING FROM THE STATE THAT WOULD ALLOW FOR A TRULY
 FREE AND UNIVERSAL CHILD CARE SYSTEM. THE TASKFORCE REPORT SHALL FURTHER
 MAKE  RECOMMENDATIONS  FOR  THE  INTEGRATION OF CHILD CARE PROGRAMS INTO
 EXISTING PUBLIC PROGRAMS, SUCH AS PUBLIC SCHOOLS,  PUBLIC  UNIVERSITIES,
 AND  PUBLIC HOUSING, TO DELIVER HIGH-QUALITY CHILD CARE TO ALL NEW YORK-
 ERS. SUCH RECOMMENDATIONS SHALL BE BASED ON WHAT IS NEEDED  TO  ACTUALLY
 ACHIEVE  A  HIGH-QUALITY  UNIVERSAL  CHILD CARE SYSTEM IN THE STATE, AND
 WHAT ADDITIONAL FUNDING WOULD BE NEEDED FROM THE STATE TO  ACHIEVE  THAT
 GOAL.  EACH YEAR, FOLLOWING THE ANNUAL STATE BUDGET, THE TASKFORCE SHALL
 ALSO PROVIDE A SCORE CARD STATING HOW CLOSE NEW YORK HAS COME TO ACHIEV-
 ING  A HIGH-QUALITY UNIVERSAL CHILD CARE SYSTEM, PROVIDED, HOWEVER, THAT
 TASKFORCE MEMBERS WHO ARE EMPLOYEES OF THE  GOVERNOR'S  OFFICE  AND  THE
 STATE  LEGISLATURE SHALL RECUSE THEMSELVES FROM SUCH RATING PROCESS. THE
 TASKFORCE SHALL REPORT ITS FINDINGS ANNUALLY THROUGH NOVEMBER TWO  THOU-
 SAND TWENTY-FIVE.
   § 4. Subdivision 8 of section 390 of the social services law, as added
 by chapter 750 of the laws of 1990, is amended to read as follows:
   8.  The  [department]  OFFICE  OF  CHILDREN  AND FAMILY SERVICES shall
 establish and maintain a list of all  current  registered  and  licensed
 child  day  care  programs  and  a list of all programs whose license or
 registration has been revoked, rejected, terminated, or suspended. [Such
 information shall be available to the  public,  pursuant  to  procedures
 developed  by the department] THE OFFICE OF CHILDREN AND FAMILY SERVICES
 SHALL WORK WITH SERVICE PROVIDERS AND CHILD CARE RESOURCE  AND  REFERRAL
 AGENCIES  THROUGHOUT THE STATE TO GATHER INFORMATION TO CREATE AND MAIN-
 TAIN A PUBLICLY-SEARCHABLE, USER-FRIENDLY, AND LANGUAGE-ACCESSIBLE DATA-
 BASE OF AVAILABLE CHILD CARE FACILITIES ON THE OFFICE'S WEBSITE AND ON A
 COMPANION PHONE APPLICATION.   SUCH DATABASE SHALL BE  UPDATED  IN  REAL
 TIME AND SHALL PROVIDE AND BE SEARCHABLE BY THE FOLLOWING INFORMATION:
   (A) THE NAME AND ADDRESS OF THE FACILITY;
   (B) THE CAPACITY OF THE FACILITY;
   (C)  WHETHER THE FACILITY IS FULLY ENROLLED OR HAS CURRENT AVAILABILI-
 TY, WITH THE AVAILABLE CAPACITY SPECIFIED BY AGE GROUP;
 A. 8623                             5
 
   (D) WHETHER THE FACILITY HAS A WAITING LIST FOR  WHICH  A  FAMILY  CAN
 APPLY;
   (E) THE AGE RANGE ALLOWABLE FOR THE FACILITY;
   (F) THE MODALITY FOR THE FACILITY;
   (G) THE OPERATING HOURS FOR THE FACILITY;
   (H) THE LANGUAGE OR LANGUAGES SPOKEN AT THE FACILITY; AND
   (I)  WHETHER  THE FACILITY HAS BEEN CITED FOR ANY VIOLATIONS, WITH ANY
 SUCH VIOLATIONS SEPARATED INTO "DANGEROUS" AND  "NON-DANGEROUS"  CATEGO-
 RIES,  AND PROMINENT NOTICES INDICATING WHETHER ANY SUCH VIOLATIONS HAVE
 BEEN CURED OR ADDRESSED.
   THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL  PROVIDE  INFORMATION
 ON  ITS WEBSITE IN ENGLISH, FRENCH, POLISH, AND THE TEN MOST COMMON NON-
 ENGLISH LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY
 IN THE STATE, BASED ON UNITED STATES CENSUS DATA.
   § 5. Subdivision 1 of section 410 of the social services law, as added
 by chapter 395 of the laws of 1965, is amended to read as follows:
   1. A public welfare official of a county, city or town is [authorized]
 OBLIGATED, provided funds have been made available therefor, to  provide
 day care at public expense for children residing in his OR HER territory
 [who  are  eligible therefor pursuant to provisions of this title.  Such
 care may be provided only in cases where it is determined, under  crite-
 ria established by the department, that there is a need therefor because
 of  inability  of  the  parents  to  provide  care and supervision for a
 substantial part of the day and that such care is in the  best  interest
 of the child and parent.  Where the family is able to pay part or all of
 the costs of such care, payment of such fees as may be reasonable in the
 light  of such ability shall be required] WITH THE AIM OF PROVIDING FREE
 AND UNIVERSAL CHILD CARE FOR ALL FAMILIES WITHIN SUCH TERRITORY.
   § 6. Subdivision 2 of section 410-b of the  social  services  law,  as
 added  by  chapter  395 of the laws of 1965 and as renumbered by chapter
 640 of the laws of 1971, is amended and a new subdivision 5 is added  to
 read as follows:
   2.  The  [department  of social welfare] OFFICE OF CHILDREN AND FAMILY
 SERVICES is hereby designated and empowered to act as the agent  of  the
 state  in  carrying  out  the  provisions  of  any such federal law with
 respect to such day care facilities in this state.  IN  EXERCISING  THIS
 DUTY  AS  AGENT OF THE STATE, THE OFFICE OF CHILDREN AND FAMILY SERVICES
 SHALL SEEK TO OBTAIN ANY WAIVERS OR PERMISSIONS  FROM  FEDERAL  AGENCIES
 NECESSARY  AND PROPER TO ALLOW THE STATE AND ITS VARIOUS SUBDIVISIONS TO
 IMPLEMENT A CHILD CARE SYSTEM THAT IS UNIVERSAL AND FREE AT THE POINT OF
 SERVICE, NOTWITHSTANDING THAT THE STATE'S CHILD CARE SYSTEM MAY BE  MORE
 EXPANSIVE THAN WHAT IS BEING REIMBURSED WITH FEDERAL FUNDS.
   5. TO THE EXTENT THAT FEDERAL FUNDS ARE OFFERED FOR CHILD CARE AND ARE
 CONTINGENT  ON  MATCHING  FUNDS FROM THE STATE, THE STATE SHALL MAKE ALL
 REASONABLE EFFORTS TO MAXIMIZE THE ALLOCATION OF FEDERAL FUNDS BY MAKING
 SUFFICIENT STATE-LEVEL APPROPRIATIONS.
   § 7. Subdivisions 5, 6, 7  and  8  of  section  410-x  of  the  social
 services  law are renumbered subdivisions 6, 7, 8 and 9 and a new subdi-
 vision 5 is added to read as follows:
   5. (A) FOR EACH GROUP FOR WHICH THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES DETERMINES A SEPARATE PAYMENT RATE PURSUANT TO SUBDIVISION FOUR
 OF  THIS SECTION, AND AT THE SAME FREQUENCY, SUCH OFFICE SHALL UTILIZE A
 COST ESTIMATION MODEL TO DETERMINE THE ACTUAL COST PROVIDERS INCUR  WHEN
 PROVIDING HIGH-QUALITY CHILD CARE. THE COST ESTIMATION MODEL SHALL IDEN-
 TIFY  AND  TAKE  INTO  ACCOUNT COST DRIVERS INCLUDING BUT NOT LIMITED TO
 EMPLOYEE SALARY AND BENEFITS,  ENROLLMENT  LEVELS,  FACILITY  COSTS  AND
 A. 8623                             6
 
 COMPLIANCE  WITH  STATUTORY AND REGULATORY REQUIREMENTS. WHERE A QUALITY
 RATING SYSTEM OR ANY QUALITY INDICATORS ARE  BEING  UTILIZED,  THE  COST
 ESTIMATION  MODEL  SHALL  ALSO  TAKE  INTO ACCOUNT THE COST OF PROVIDING
 SERVICES AT EACH LEVEL OF QUALITY.
   (B)  IN  DEVELOPING  SUCH  MODEL  THE  OFFICE  OF  CHILDREN AND FAMILY
 SERVICES SHALL CONSULT WITH STAKEHOLDERS INCLUDING, BUT NOT LIMITED  TO,
 REPRESENTATIVES OF CHILD CARE RESOURCE AND REFERRAL AGENCIES, CHILD CARE
 PROVIDERS,  LABOR  LEADERS  FOR ANY LABOR UNIONS REPRESENTING CHILD CARE
 WORKERS IN THE STATE, AND ANY STATE ADVISORY COUNCIL ESTABLISHED  PURSU-
 ANT  TO  42  U.S.C.S.  §  9831 ET. SEQ., AS AMENDED. THE COST ESTIMATION
 MODEL SHALL BE STATISTICALLY VALID, USING COMPLETE AND CURRENT DATA  AND
 RIGOROUS  COLLECTION  METHODS.  THE  COST ESTIMATION MODEL SHALL FURTHER
 ACCOUNT FOR BIASES IN REPORTED DATA THAT TEND TO UNDERESTIMATE THE  COST
 OF CARE, AND SHALL MAKE APPROPRIATE ADJUSTMENTS.
   §  8. Section 410-z of the social services law, as added by section 52
 of part B of chapter 436 of the laws of 1997,  is  amended  to  read  as
 follows:
   §  410-z.  Reporting  requirements.  1.  Each social services district
 shall collect and submit to the  [department]  OFFICE  OF  CHILDREN  AND
 FAMILY  SERVICES,  in  such  form and at such times as  specified by the
 [department] OFFICE OF CHILDREN  AND  FAMILY  SERVICES,  such  data  and
 information  regarding  child   care assistance provided under the block
 grant as the [department] OFFICE OF CHILDREN  AND  FAMILY  SERVICES  may
 need to comply with federal reporting requirements.
   2.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PREPARE A REPORT
 DETAILING THE ACTUAL COST PROVIDERS INCUR WHEN PROVIDING CHILD  CARE  IN
 EACH  SETTING, AS DETERMINED BY THE COST ESTIMATION MODEL ESTABLISHED IN
 PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED TEN-X OF  THIS
 TITLE.  THE  REPORT  SHALL DETAIL COST DATA FOR EACH SETTING, AGE GROUP,
 CARE PROVIDED TO CHILDREN WITH SPECIAL NEEDS, AND ANY OTHER GROUPING FOR
 WHICH A SEPARATE COST ESTIMATION IS CONDUCTED. SUCH DATA SHALL INCLUDE:
   (A) THE LEVEL OF QUALITY CARE AS DETERMINED BY A QUALITY RATING SYSTEM
 OR ANY QUALITY INDICATORS UTILIZED BY THE STATE;
   (B) A DESCRIPTION OF THE MAJOR COST DRIVERS FOR PROVIDING CARE; AND
   (C) A COMPARISON OF THE COSTS OF CHILD CARE FOR EACH GROUPING  TO  THE
 MARKET  RATE  DETERMINED  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES
 PURSUANT TO SUBDIVISION FOUR OF  SECTION  FOUR  HUNDRED  TEN-X  OF  THIS
 TITLE.
   THE  REPORT  SHALL  BE  SUBMITTED  TO THE GOVERNOR, THE SPEAKER OF THE
 ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE BY  JUNE  FIRST,  TWO
 THOUSAND TWENTY-THREE AND JUNE FIRST OF EVERY OTHER YEAR THEREAFTER. THE
 OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  SHALL  POST THE INFORMATION
 CONTAINED IN THE REPORT ON ITS WEBSITE.
   § 9. Subdivision 1 and paragraph (b) of subdivision 5 of section 410-c
 of the social services law, subdivision 1 as added by  chapter  1014  of
 the  laws  of 1969, paragraph (a) of subdivision 1 as amended by chapter
 110 of the laws of 1971, and paragraph (b) of subdivision 5  as  amended
 by  chapter  277  of the laws of 1990, and such section as renumbered by
 chapter 640 of the laws of 1971, are amended to read as follows:
   1. (a) Expenditures made by counties, cities, and towns for  day  care
 and  its  administration,  and day care center projects, pursuant to the
 provisions of this title, shall,  if  approved  by  the  department,  be
 subject  to  reimbursement  by  the  state, in accordance with the regu-
 lations of the department, as follows: There shall be paid to each coun-
 ty, city or town (1) the amount  of  federal  funds,  if  any,  properly
 received  or to be received on account of such expenditures; (2) [fifty]
 A. 8623                             7
 
 NINETY per centum of its expenditures for  day  care  and  its  adminis-
 tration  and  day  care center projects, after first deducting therefrom
 any federal funds received or to be received on account thereof, and any
 expenditures  defrayed  by  fees  paid  by  parents  or by other private
 contributions.
   (b) For the purpose of this title, expenditures for administration  of
 day  care  shall  include  expenditures for compensation of employees in
 connection with the furnishing of day care, including but not limited to
 costs incurred for pensions, federal old age and survivors insurance and
 health insurance for such employees; training  programs  for  personnel,
 operation,  maintenance  and  service costs; and such other expenditures
 such as equipment costs, depreciation and charges and rental  values  as
 may  be  approved by the department. It [shall not] MAY include expendi-
 tures for capital costs IN APPROPRIATE CASES AT THE  DISCRETION  OF  THE
 DEPARTMENT,  PROVIDED  THAT  CAPITAL COSTS ARE PRIORITIZED IN AREAS THAT
 ARE CATEGORIZED AS CHILD CARE DESERTS. In the case of day care purchased
 from a non-profit corporation constituting an eligible borrower pursuant
 to title five-a of this article, expenditures shall include an allocable
 proportion of all operating costs of such facility as may be approved by
 the department including but not limited to the expenditures  enumerated
 in  this paragraph [(b)] and expenditures for amortization, interest and
 other financing costs of any  mortgage  loan  made  to  such  non-profit
 corporation.
   (b)  The  commissioner  shall,  within  appropriations  made available
 therefor, select proposed school age child day care programs which shall
 be eligible to receive an award [of no more  than  twenty-five  thousand
 dollars]  for  start  up or expansion costs, including planning, rental,
 operational and equipment costs,  or  minor  renovations  identified  as
 being necessary in order for the program to comply with applicable state
 or  local  building,  fire safety or licensing standards, based on plans
 submitted to him. The commissioner shall give preference to those  areas
 of  the state which are significantly underserved by existing school age
 child day care programs and to those programs which involve  parents  in
 the  development  and implementation of programs. The commissioner shall
 publicize this availability of funds to be used  for  purposes  of  this
 subdivision  in  awarding grants. Plans may be submitted by private not-
 for-profit corporations, organizations or governmental subdivisions.
   § 10. Subdivision 8 of section 410-w of the social  services  law,  as
 amended  by  section  1  of part Z of chapter 56 of the laws of 2021, is
 amended to read as follows:
   8. Notwithstanding any other provision of law, rule or regulations  to
 the  contrary,  a social services district that implements a plan amend-
 ment to the child care portion of its child and  family  services  plan,
 either  as  part  of  an  annual plan update, or through a separate plan
 amendment process, where such  amendment  reduces  eligibility  for,  or
 increases  the family share percentage of, families receiving child care
 services, or that implements the process for closing child care cases as
 set forth in the district's approved child and family services plan, due
 to the district determining that it cannot maintain its current caseload
 because all of the available funds are projected to be needed  for  open
 cases,  shall  provide  all  families  whose  eligibility for child care
 assistance or family share percentage will be impacted  by  such  action
 with  at least thirty days prior written notice of the action. Provided,
 however, that a family receiving assistance pursuant to this title shall
 not be required to contribute more than WHAT IS REQUIRED BY FEDERAL  LAW
 OR  ten  percent  of  their  income exceeding the federal poverty level,
 A. 8623                             8
 
 WHICHEVER IS LOWER, AND THAT SUCH COST SHALL BE COVERED ENTIRELY BY  THE
 STATE.
   §  11.  Subdivision  6 of section 410-x of the social services law, as
 amended by section 2 of part Z of chapter 56 of the  laws  of  2021,  is
 amended to read as follows:
   6.  Pursuant to department regulations, child care assistance shall be
 provided on a sliding fee basis based upon the family's ability to  pay;
 provided,  however,  that a family receiving assistance pursuant to this
 title shall not be required to contribute more than WHAT IS REQUIRED  BY
 FEDERAL LAW OR ten percent of their income exceeding the federal poverty
 level,  WHICHEVER IS LOWER, AND THAT SUCH COST SHALL BE COVERED ENTIRELY
 BY THE STATE.
   § 12. Section 410-x of the social services law is amended by adding  a
 new subdivision 9 to read as follows:
   9.  A  SOCIAL  SERVICES  DISTRICT SHALL ESTABLISH DIFFERENTIAL PAYMENT
 RATES FOR CHILD  CARE  SERVICES  PROVIDED  BY  LICENSED,  REGISTERED  OR
 ENROLLED CHILD CARE PROVIDERS AS REQUIRED BY THIS SUBDIVISION.
   (A)  LOCAL  SOCIAL  SERVICES  DISTRICTS SHALL ESTABLISH A DIFFERENTIAL
 PAYMENT RATE FOR CHILD CARE SERVICES PROVIDED BY LICENSED OR  REGISTERED
 CHILD  CARE PROVIDERS WHO PROVIDE CARE TO A CHILD OR CHILDREN EXPERIENC-
 ING HOMELESSNESS. SUCH DIFFERENTIAL PAYMENT RATE SHALL BE TWENTY PERCENT
 HIGHER THAN THE ACTUAL COST OF CARE  OR  THE  APPLICABLE  MARKET-RELATED
 PAYMENT  RATE  ESTABLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES
 IN REGULATIONS, WHICHEVER IS LESS.
   (B) LOCAL SOCIAL SERVICES DISTRICTS  SHALL  ESTABLISH  A  DIFFERENTIAL
 PAYMENT  RATE  FOR CHILD CARE SERVICES PROVIDED BY LICENSED, REGISTERED,
 OR ENROLLED CHILD CARE PROVIDERS WHO PROVIDE  CARE  TO  A  CHILD  DURING
 NONTRADITIONAL HOURS. "NONTRADITIONAL HOURS" SHALL MEAN CARE PROVIDED IN
 THE  EVENING,  NIGHT,  OR ON THE WEEKEND. SUCH DIFFERENTIAL PAYMENT RATE
 SHALL BE TWENTY PERCENT HIGHER THAN THE  ACTUAL  COST  OF  CARE  OR  THE
 APPLICABLE  MARKET-RELATED  PAYMENT  RATE  ESTABLISHED  BY THE OFFICE OF
 CHILDREN AND FAMILY SERVICES IN REGULATIONS, WHICHEVER IS LESS.
   (C) THE COST OF THE DIFFERENTIAL PAYMENT RATES ESTABLISHED UNDER  THIS
 SUBDIVISION SHALL BE COVERED BY THE STATE.
   §  13.  Subdivision  1  of  section 410 of the social services law, as
 added by chapter 395 of the laws of 1965, is amended to read as follows:
   1. A public welfare official of a county, city or town [is authorized]
 SHALL, provided funds have been made available therefor, [to]  AND  WITH
 THE  STATE  MAKING  ALL REASONABLE EFFORTS TO OBTAIN FEDERAL FUNDING AND
 SUPPLEMENTING THOSE AMOUNTS WITH ADDITIONAL STATE FUNDING,  provide  day
 care at public expense for children residing in his OR HER territory who
 are  eligible  therefor pursuant to provisions of this title.  Such care
 [may] SHALL be provided [only in cases where it  is  determined,]  under
 criteria  established  by the [department, that there is a need therefor
 because of inability of the parents to provide care and supervision  for
 a substantial part of the day and that such care is in the best interest
 of  the  child  and  parent]  OFFICE  OF  CHILDREN  AND FAMILY SERVICES;
 PROVIDED, HOWEVER, THAT THE PUBLIC  WELFARE  OFFICIAL  SHALL  NOT  LIMIT
 AUTHORIZED  CHILD CARE SERVICES STRICTLY BASED ON THE WORK, TRAINING, OR
 EDUCATIONAL SCHEDULE OF THE PARENTS OR THE NUMBER OF HOURS  THE  PARENTS
 SPEND  IN  WORK,  TRAINING,    OR  EDUCATIONAL ACTIVITIES, NOR SHALL THE
 PUBLIC WELFARE OFFICIAL LIMIT AUTHORIZED CHILD CARE  SERVICES  BASED  ON
 PROOF  OF  IMMIGRATION  STATUS. Where the family [is able to pay part or
 all of the costs of such care] INCOME IS MORE THAN ONE THOUSAND  PERCENT
 OF  THE  POVERTY  LINE, payment of such fees as may be reasonable in the
 light of such ability [shall] MAY be required TO THE EXTENT NECESSARY AS
 A. 8623                             9
 
 THE STATE TRANSITIONS TO A SYSTEM THAT IS FREE  AND  UNIVERSAL.  TO  THE
 EXTENT  THERE  ARE INSUFFICIENT FUNDS TO IMMEDIATELY SERVE ALL FAMILIES,
 THE STATE SHALL MAKE ALL REASONABLE EFFORTS TO INCREMENTALLY  EXPAND  TO
 UNIVERSAL  ACCESS  OVER A PERIOD OF FOUR YEARS, PURSUANT TO THE PHASE-IN
 PRIORITIES AND PRINCIPLES RECOMMENDED BY  THE  TASKFORCE  UNDER  SECTION
 THREE HUNDRED NINETY-K OF THIS ARTICLE.
   §  14.  Paragraph  (b)  of  subdivision 3 of section 410 of the social
 services law is REPEALED and paragraphs (c) and (d) are relettered para-
 graphs (b) and (c).
   § 15. Subdivisions 1 and 2 of section 410-bb of  the  social  services
 law, subdivision 1 as added by chapter 503 of the laws of 1988, subdivi-
 sion  2  as  amended  by chapter 659 of the laws of 1988, are amended to
 read as follows:
   1. The legislature finds and declares that  a  crisis  exists  in  the
 availability  and  quality  of child day care in New York state and that
 this crisis poses a danger both to the welfare and safety of  the  chil-
 dren  and to the productivity of this state's workforce; that inadequate
 salaries and in many cases nonexistent benefit  packages  have  substan-
 tially contributed to the existing crisis by precluding day care centers
 from  recruiting and retaining necessary teaching and supervisory staff;
 that an extremely high turnover rate has interfered  in  many  instances
 with  the ability of day care centers to comply with regulatory require-
 ments and to properly serve the children in their care; and that because
 of these extraordinary circumstances New York state must  intervene  and
 provide  assistance for recruitment and retention of child care workers,
 WITH THE GOAL OF CREATING A FREE AND UNIVERSAL CHILD CARE SYSTEM THAT IS
 AVAILABLE TO ALL, IN THE SAME MANNER AS THE PUBLIC SCHOOL SYSTEM,  WITH-
 OUT  THE  BURDENS  OF  MEANS-TESTING.  The legislature recognizes that a
 long-term solution to this crisis will require cooperative efforts among
 [the business community, local and state governments and  families]  ALL
 NEW YORKERS.
   2.  Within  amounts  appropriated  specifically  therefor,  and  after
 deducting funds as specified in subdivision three of this  section,  the
 commissioner shall allocate funds to local social services districts for
 grants  to [eligible not-for-profit day care centers] CHILD CARE PROVID-
 ERS for retention and recruitment of teaching and supervisory staff, [as
 follows:
   (a) a city social services district with a population in excess of one
 million shall be allocated a portion of such funds  based  on  an  equal
 weighting of:
   (i)  its  proportion of the state population of children aged five and
 under, and
   (ii) its proportion of total claims for reimbursement received by  the
 department  by  May  thirty-first, nineteen hundred eighty-eight for the
 low income, transitional and teen parent day care programs authorized by
 chapter fifty-three of the laws of nineteen hundred eighty-seven.
   (b) all other eligible local social services districts shall be  allo-
 cated  the  remaining  portion of funds based on each district's propor-
 tionate share of licensed not-for-profit day care capacity  relative  to
 the total capacity of all such other eligible districts] WITH THE AIM OF
 PROVIDING  STAFF WITH SALARY AND BENEFITS THAT IS AT PARITY WITH THAT OF
 LOCAL PUBLIC SCHOOL TEACHERS IN THE RELEVANT AREA.
   § 16. Subdivisions 1 and 2 of section 410-v  of  the  social  services
 law,  subdivision  1  as added by section 52 of part B of chapter 436 of
 the laws of 1997, subdivision 2 as amended by chapter 214 of the laws of
 1998, are amended to read as follows:
 A. 8623                            10
 
   1. The part of the block GRANT that is determined to be  available  to
 social services districts for child care assistance shall be apportioned
 among  the  social  services districts by the department according to an
 allocation plan developed by the department and approved by the director
 of the budget. The allocation plan shall [be based, at least in part, on
 historical  costs and on the availability and cost of, and the need for,
 child care assistance in each social services district] AIM  TO  PROVIDE
 UNIVERSAL  AND  FREE CHILD CARE ON A STATEWIDE BASIS. Annual allocations
 shall  be made on a federal fiscal year basis AND SHALL INCORPORATE  THE
 ANNUAL  RECOMMENDATIONS  OF  THE  CHILD CARE TASKFORCE ESTABLISHED UNDER
 SECTION THREE HUNDRED NINETY-K OF THIS ARTICLE.
   2. Reimbursement under the block grant to a social  services  district
 for  its  expenditures  for child care assistance shall be available for
 [seventy-five] NINETY percent of the district's expenditures  for  child
 care  assistance provided to those families in receipt of public assist-
 ance which are eligible for child care assistance under this  title  and
 for  one  hundred percent of the social services district's expenditures
 for other eligible families[; provided, however, that such reimbursement
 shall be limited to the social services district's  annual  state  block
 grant  allocation].  TO  THE  EXTENT  THAT FAMILIES ARE NOT ELIGIBLE FOR
 FUNDING PURSUANT TO THIS PROVISION, THE STATE SHALL MAKE ALL  REASONABLE
 EFFORTS  TO ENSURE THAT FAMILIES NOT ELIGIBLE FOR FEDERALLY-FUNDED CHILD
 CARE HAVE ACCESS, PHASED IN OVER A PERIOD OF FOUR YEARS, PURSUANT TO THE
 PHASE-IN PRIORITIES AND PRINCIPLES RECOMMENDED BY  THE  TASKFORCE  UNDER
 SECTION THREE HUNDRED NINETY-K OF THIS ARTICLE.
   §  17.  Subdivisions  1  and 2 of section 410-w of the social services
 law, as amended by chapter 569 of the laws of 2001, are amended to  read
 as follows:
   1.  A  social services district may use the funds allocated to it from
 the block grant to provide child care assistance to[:
   (a) families receiving public assistance when such child care  assist-
 ance is necessary: to enable a parent or caretaker relative to engage in
 work,  participate  in  work  activities  or perform a community service
 pursuant to title nine-B of article five of this chapter;  to  enable  a
 teenage  parent  to  attend  high  school  or  other equivalent training
 program; because the parent  or  caretaker  relative  is  physically  or
 mentally incapacitated; or because family duties away from home necessi-
 tate the parent or caretaker relative's absence; child day care shall be
 provided  during  breaks in activities, for a period of up to two weeks.
 Such child day care may be authorized for a period of up to one month if
 child care arrangements shall be lost if not continued, and the  program
 or employment is scheduled to begin within such period;
   (b)  families  with  incomes  up  to  two hundred percent of the state
 income standard who are attempting through work activities to transition
 off of public assistance when such child care is necessary in  order  to
 enable  a  parent  or caretaker relative to engage in work provided such
 families' public assistance has been terminated as a result of increased
 hours of or income  from  employment  or  increased  income  from  child
 support  payments  or  the  family  voluntarily  ended  assistance; and,
 provided that the family received public assistance at  least  three  of
 the six months preceding the month in which eligibility for such assist-
 ance terminated or ended or provided that such family has received child
 care assistance under subdivision four of this section;
   (c)  families  with  incomes  up  to  two hundred percent of the state
 income standard which are determined in accordance with the  regulations
 A. 8623                            11

 of  the department to be at risk of becoming dependent on family assist-
 ance;
   (d)  families  with  incomes  up  to  two hundred percent of the state
 income standard who are attending a post secondary  educational  program
 and working at least seventeen and one-half hours per week; and
   (e) other families with incomes up to two hundred percent of the state
 income  standard  which  the  social services district designates in its
 consolidated services plan as eligible  for  child  care  assistance  in
 accordance  with  criteria  established  by the department] FAMILIES WHO
 NEED CHILD CARE OR WHO ARE HAVING TROUBLE AFFORDING CHILD CARE,  TO  THE
 MAXIMUM  EXTENT  PERMISSIBLE  UNDER FEDERAL LAWS AND REGULATIONS. TO THE
 EXTENT THAT FAMILIES ARE NOT  ELIGIBLE  FOR  FUNDING  PURSUANT  TO  THIS
 PROVISION,  THE  STATE  SHALL MAKE ALL REASONABLE EFFORTS TO ENSURE THAT
 FAMILIES NOT ELIGIBLE  FOR  FEDERALLY-FUNDED  CHILD  CARE  HAVE  ACCESS,
 PHASED  IN OVER A PERIOD OF FOUR YEARS, PURSUANT TO THE PHASE-IN PRIORI-
 TIES AND PRINCIPLES RECOMMENDED BY THE  TASKFORCE  UNDER  SECTION  THREE
 HUNDRED NINETY-K OF THIS ARTICLE.
   2.  [For  the purposes of this title, the term "state income standard"
 means the most recent federal income official poverty line  (as  defined
 and  annually  revised  by  the federal office of management and budget)
 updated by the department for a family size of four and adjusted by  the
 department  for family size] EACH SOCIAL SERVICES DISTRICT SHALL CONDUCT
 EXTENSIVE AND LANGUAGE-ACCESSIBLE OUTREACH TO FAMILIES  WHO  NEED  CHILD
 CARE  OR WHO ARE HAVING TROUBLE AFFORDING CHILD CARE. TO THE EXTENT THAT
 SOCIAL SERVICES DISTRICTS OR THE OFFICE OF CHILDREN AND FAMILY  SERVICES
 ARE  REQUIRED  TO  EXAMINE FAMILIES' INCOMES PURSUANT TO FEDERAL LAWS OR
 REGULATIONS, THEY SHALL USE THE LEAST  RESTRICTIVE  AND  MOST  EFFICIENT
 MEANS  AVAILABLE TO AVOID PLACING UNDUE BURDENS ON FAMILIES APPLYING FOR
 ASSISTANCE. TO THE EXTENT THAT  FAMILIES  APPLYING  FOR  ASSISTANCE  ARE
 REQUIRED  TO  PROVIDE  PROOF  OF ELIGIBILITY, EACH LOCAL SOCIAL SERVICES
 DISTRICT AND THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL  MAKE  ALL
 REASONABLE  EFFORTS  TO  PROVIDE  ASSISTANCE IN COMPLETING ALL NECESSARY
 DOCUMENTS EXPEDITIOUSLY.
   § 18. Subdivision 2 of section 410-u of the social  services  law,  as
 added  by  section  52  of part B of chapter 436 of the laws of 1997, is
 amended to read as follows:
   2. The state block grant for child care  shall  be  divided  into  two
 parts pursuant to a plan developed by the department and approved by the
 director  of  the  budget.    One part shall be retained by the state to
 provide child care on a  statewide  basis  to  special  groups  and  for
 activities  to  increase  the  availability and/or quality of child care
 programs, including, but not limited to,  the  start-up  of  child  care
 programs,  THE  INCREASE OF CHILD CARE WORKER SALARIES, the operation of
 child care resource and  referral  programs,  training  activities,  the
 regulation  and  monitoring  of  child care programs, the development of
 computerized data systems, and  consumer  education,  provided  however,
 that child care resource and referral programs funded under title five-B
 of  article six of this chapter shall meet additional performance stand-
 ards developed by the department of social services  including  but  not
 limited  to:  increasing  the  number  of  child care placements for ALL
 persons, WITH PRIORITY GIVEN TO PERSONS who are at or below [two hundred
 percent of  the  state  income  standard  with  emphasis  on  placements
 supporting local efforts in meeting federal and state work participation
 requirements,]  ONE  THOUSAND  PERCENT  OF  THE  FEDERAL  POVERTY  LINE;
 increasing technical assistance to all modalities of legal child care to
 persons, WITH A PRIORITY GIVEN TO PERSONS  who  are  at  or  below  [two
 A. 8623                            12

 hundred  percent  of the state income standard,] ONE THOUSAND PERCENT OF
 THE FEDERAL POVERTY LINE; including the provision of training to  assist
 providers in meeting child care standards or regulatory requirements[,];
 and creating new child care opportunities, and assisting social services
 districts  in  assessing  and  responding  to  child  care needs for ALL
 persons, WITH PRIORITY GIVEN TO PERSONS at or below [two hundred percent
 of the state income standard] ONE THOUSAND PERCENT OF THE FEDERAL POVER-
 TY LINE.  The department shall have the authority to withhold funds from
 those agencies which do not meet performance standards.  Agencies  whose
 funds  are  withheld  may have funds restored upon achieving performance
 standards.   The other  part  shall  be  allocated  to  social  services
 districts  to provide child care assistance to families receiving family
 assistance and to other low income families.  TO THE EXTENT  THAT  FAMI-
 LIES  ARE  NOT  ELIGIBLE  FOR  FUNDING PURSUANT TO THIS SUBDIVISION, THE
 STATE SHALL MAKE ALL REASONABLE EFFORTS  TO  ENSURE  THAT  FAMILIES  NOT
 ELIGIBLE  FOR  FEDERALLY-FUNDED CHILD CARE HAVE ACCESS, PHASED IN OVER A
 PERIOD OF FOUR YEARS, PURSUANT TO THE PHASE-IN PRIORITIES AND PRINCIPLES
 RECOMMENDED BY THE TASKFORCE UNDER SECTION  THREE  HUNDRED  NINETY-K  OF
 THIS ARTICLE.
   § 19. Section 410-cc of the social services law, as amended by chapter
 882 of the laws of 1990, is amended to read as follows:
   §  410-cc.  Start up grants for child day care. The commissioner shall
 provide funds to start up  grants  to  not-for-profit  organizations  or
 corporations  for  the  development of new or expanded all day child day
 care programs including costs related to planning, renting,  renovating,
 operating,  and  purchasing  equipment. The commissioner shall establish
 guidelines including, but not limited to, allowable costs, and  criteria
 for  eligibility  for  grants  giving preference to those child day care
 providers who [will, to the maximum extent feasible, target services  to
 households  having  incomes  up  to  two  hundred percent of the federal
 poverty standard] SERVE  AREAS  THAT  CURRENTLY  CONSTITUTE  CHILD  CARE
 DESERTS,  AND  WITH THE AIM OF DEVELOPING NEW YORK'S STATEWIDE UNIVERSAL
 CHILD CARE INFRASTRUCTURE.  The commissioner shall WIDELY publicize  the
 availability  of  funds AND CONDUCT EXTENSIVE OUTREACH IN A LANGUAGE-AC-
 CESSIBLE MANNER TO DEVELOP THE STATE'S UNIVERSAL CHILD CARE  INFRASTRUC-
 TURE.  [No  awards  shall  be  granted  which exceed twenty-five hundred
 dollars for a new family day care provider or new group family day  care
 provider,  and  one  hundred  thousand  dollars for a new child day care
 center.] Child care resource and referral agencies [may]  SHALL  receive
 family day care start up grants [not to exceed two thousand five hundred
 dollars  per new provider] if the agency trains such new family provider
 and thereby expands the supply of family day care programs in the commu-
 nity. The commissioner shall give preference to those communities  which
 are significantly underserved by existing programs and to those programs
 which and those providers who will serve infants under two years of age.
   § 20. Section 101 of the education law is amended to read as follows:
   § 101. Education  department;  regents of the university.  There shall
 continue to be in the state government an  education  department.    The
 department is charged with the general management and supervision of all
 public  schools  and all of the educational work of the state, including
 the operations of The University of the State of New York and the  exer-
 cise of all the functions of the education department, of The University
 of  the  State  of New York, of the regents of the university and of the
 commissioner of education and the performance of all  their  powers  and
 duties,  which  were transferred to the education department [by section
 three hundred twelve of the state departments law] or  shall  have  been
 A. 8623                            13
 
 prescribed by law before March sixteenth, nineteen hundred twenty-seven,
 whether  in terms vested in such department or university or in any sub-
 department, division or bureau thereof or in such commissioner, board or
 officer,  and  such  functions,  powers  and duties shall continue to be
 vested in the education department continued by this chapter  and  shall
 continue  to be exercised and performed therein by or through the appro-
 priate officer, sub-department, division  or  bureau  thereof,  together
 with  such functions, powers and duties as hereafter may be conferred or
 imposed upon such department by law. THE EDUCATION DEPARTMENT SHALL ALSO
 ESTABLISH AN OFFICE OF EARLY EDUCATION, WHICH SHALL BE TASKED WITH COOR-
 DINATING WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES TO ENSURE  THAT
 THE  IMPLEMENTATION  OF  FUNDING  FOR  UNIVERSAL  PRE-K  AND 3-K FOR ALL
 PROGRAMS ARE PHASED IN IN A MANNER THAT COMPLEMENTS AND  SUPPORTS  CHILD
 CARE  PROVIDERS WITHIN THE STATE AND PROVIDES EQUITABLE WAGES, BENEFITS,
 AND WORKING CONDITIONS FOR CHILD CARE WORKERS, PURSUANT TO THE  GUIDANCE
 ESTABLISHED BY THE TASKFORCE UNDER SECTION THREE HUNDRED NINETY-K OF THE
 SOCIAL  SERVICES  LAW.  All the provisions of this chapter, in so far as
 they are not inconsistent with the provisions of this chapter as  hereby
 amended  or may be made applicable, shall apply to the education depart-
 ment continued by this chapter as hereby amended and to  The  University
 of  the  State  of New York, the board of regents of the university, the
 commissioner [of education] and to the divisions, bureaus  and  officers
 in such department.  The head of the department shall continue to be the
 regents  of  The University of the State of New York, who shall appoint,
 and at pleasure may  remove,  the  commissioner  [of  education].    The
 commissioner  shall  continue  to be the chief administrative officer of
 the department.  The regents also may appoint and, at pleasure, remove a
 deputy commissioner [of education], who shall perform such duties as the
 regents may assign to him by rule and who, in the absence or  disability
 of  the  commissioner  or when a vacancy exists in the office of commis-
 sioner, shall exercise and perform  the  functions,  powers  and  duties
 conferred  or  imposed on the commissioner by this chapter.  The regents
 of The University of the State of New York shall continue to  constitute
 a board and The University of the State of New York, which was continued
 under  such  name  by section two of article eleven of the constitution,
 shall continue to be governed and all its corporate powers to  be  exer-
 cised by such board.
   § 21. Section 2 of chapter 493 of the laws of 2017 amending the social
 services  law  relating  to establishing a child care availability task-
 force to evaluate the need for and availability of child care throughout
 the state, as amended by section 2 of chapter 33 of the laws of 2018, is
 amended to read as follows:
   § 2. This act shall take effect immediately and shall expire  December
 31,  [2021] 2025 when upon such date the provisions of this act shall be
 deemed repealed.
   § 22. The state finance law is amended by adding  three  new  sections
 99-oo, 99-pp, and 99-qq to read as follows:
   §  99-OO. CHILD CARE WORKFORCE STABILIZATION FUND.  1. THERE IS HEREBY
 ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER
 OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE CHILD  CARE  WORKFORCE
 STABILIZATION FUND.
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED THEREFOR OR CREDIT-
 ED  OR  TRANSFERRED THERETO FROM ANY OTHER FUND, ACCOUNT OR SOURCE.  ANY
 INTEREST RECEIVED BY THE COMPTROLLER ON MONEYS ON DEPOSIT IN  THE  CHILD
 CARE WORKFORCE STABILIZATION FUND SHALL BE RETAINED IN AND BECOME A PART
 OF SUCH FUND.
 A. 8623                            14
 
   3.  MONEYS  IN  THE CHILD CARE WORKFORCE STABILIZATION FUND, FOLLOWING
 APPROPRIATION BY THE LEGISLATURE, SHALL BE UTILIZED  TO  DIRECTLY  RAISE
 WAGES AMONG PARTICIPATING PROGRAMS AS NEW YORK ADJUSTS ITS REIMBURSEMENT
 RATES  TO  COVER  THE  TRUE  COST OF CHILD CARE, AND TO ALLOW CHILD CARE
 PROVIDERS TO PAY STAFF ADEQUATE WAGES AND BENEFITS AT PARITY WITH PUBLIC
 SCHOOL  TEACHERS  AS  NEW YORK STATE RESTRUCTURES ITS ECONOMY TO REFLECT
 THE TRUE VALUE OF THIS IMPORTANT WORK. SUCH MONEYS  SHALL  BE  ALLOCATED
 THROUGH  AGENCIES  INCLUDING, BUT NOT LIMITED TO, THE OFFICE OF CHILDREN
 AND FAMILY SERVICES.
   § 99-PP.  CHILD CARE TRANSITIONAL REIMBURSEMENT RATE FUND.   1.  THERE
 IS  HEREBY  ESTABLISHED  IN THE CUSTODY OF THE STATE COMPTROLLER AND THE
 COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE  KNOWN  AS  THE  CHILD
 CARE TRANSITIONAL REIMBURSEMENT RATE FUND.
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED THEREFOR OR CREDIT-
 ED  OR  TRANSFERRED THERETO FROM ANY OTHER FUND, ACCOUNT OR SOURCE.  ANY
 INTEREST RECEIVED BY THE COMPTROLLER ON MONEYS ON DEPOSIT IN  THE  CHILD
 CARE  TRANSITIONAL  REIMBURSEMENT  RATE  FUND  SHALL  BE RETAINED IN AND
 BECOME A PART OF SUCH FUND.
   3. MONEYS IN THE CHILD  CARE  TRANSITIONAL  REIMBURSEMENT  RATE  FUND,
 FOLLOWING  APPROPRIATION  BY  THE  LEGISLATURE,  SHALL  BE UTILIZED IN A
 MANNER THAT REFLECTS A TRANSITIONAL REIMBURSEMENT RATE  STRUCTURE  BASED
 ON  THE  RESULTS OF THE FORTHCOMING CHILD CARE MARKET RATE SURVEY OR THE
 EXISTING SURVEY, WHICHEVER RESULTS IN HIGHER RATES. REIMBURSEMENT  RATES
 SHALL  BE SET AT THE NINETIETH PERCENTILE OF MARKET RATES IN EACH REGION
 TO ENSURE THAT PER CHILD AMOUNTS ARE SUFFICIENT TO NOT DISRUPT THE CHILD
 CARE SECTOR DURING THIS TRANSITION FROM A MARKET RATE-BASED MODEL  TO  A
 MODEL  BASED ON THE TRUE COST OF QUALITY CARE. DURING THE PHASE-IN PERI-
 OD, ENTRY LEVEL STAFF SHALL BE PAID AT LEAST A LIVING  WAGE,  WITH  MORE
 EXPERIENCED  STAFF COMPENSATED AT A PROPORTIONATELY HIGHER RATE AND WITH
 COMPENSATION PROGRESSIVELY INCREASING OVER THE COURSE OF THE  TRANSITION
 PERIOD.  SUCH  MONEYS SHALL BE ALLOCATED THROUGH AGENCIES INCLUDING, BUT
 NOT LIMITED TO, THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   § 99-QQ. CHILD CARE INFRASTRUCTURE DEVELOPMENT  FUND.    1.  THERE  IS
 HEREBY  ESTABLISHED  IN  THE  CUSTODY  OF  THE STATE COMPTROLLER AND THE
 COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE  KNOWN  AS  THE  CHILD
 CARE INFRASTRUCTURE DEVELOPMENT FUND.
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED THEREFOR OR CREDIT-
 ED  OR  TRANSFERRED THERETO FROM ANY OTHER FUND, ACCOUNT OR SOURCE.  ANY
 INTEREST RECEIVED BY THE COMPTROLLER ON MONEYS ON DEPOSIT IN  THE  CHILD
 CARE  INFRASTRUCTURE  DEVELOPMENT FUND SHALL BE RETAINED IN AND BECOME A
 PART OF SUCH FUND.
   3. MONEYS IN THE CHILD CARE INFRASTRUCTURE DEVELOPMENT FUND, FOLLOWING
 APPROPRIATION BY THE LEGISLATURE, SHALL BE USED  TO  BUILD  AND  DEVELOP
 CHILD  CARE  INFRASTRUCTURE  IN  CONNECTION  WITH EXISTING PUBLIC INSTI-
 TUTIONS SUCH AS PUBLIC UNIVERSITIES, PUBLIC SCHOOLS, AND PUBLIC HOUSING.
   § 23. The sum of  five  billion  dollars  ($5,000,000,000)  is  hereby
 appropriated out of any moneys in the state treasury in the general fund
 to the credit of the state purposes account, not otherwise appropriated,
 and  made immediately available as set forth herein. Such funds shall be
 allocated as follows:
   (a) Three billion dollars ($3,000,000,000) shall be allocated to guar-
 antee access to child care  subsidies  to  high-quality  and  culturally
 responsive  child  care  that meets the needs of all children, including
 children with  disabilities,  those  experiencing  trauma,  multilingual
 learners,  families who work non-traditional hours, and families experi-
 encing homelessness or in transitional housing.  Such  moneys  shall  be
 A. 8623                            15
 
 allocated  through agencies including, but not limited to, the office of
 children and family services.
   (b)  One  billion  dollars  ($1,000,000,000) shall be allocated to the
 child care workforce stabilization fund established pursuant to  section
 99-oo of the state finance law.
   (c)  Six  hundred million dollars ($600,000,000) shall be allocated to
 the child care transitional reimbursement rate fund pursuant to  section
 99-pp of the state finance law.
   (d)  Four hundred million dollars ($400,000,000) shall be allocated to
 the child care infrastructure development fund pursuant to section 99-qq
 of the state finance law.
   § 24. This act shall  take  effect  immediately;  provided,  that  the
 amendments  to  section 390-k of the social services law made by section
 three of this act shall not affect the repeal of such section and  shall
 be  deemed repealed therewith; provided, however, that the amendments to
 subdivision 8 of section 410-w  of  the  social  services  law  made  by
 section  ten  of this act and the amendments to subdivision 6 of section
 410-x of the social services law made by  section  eleven  of  this  act
 shall not affect the expiration of such subdivisions and shall be deemed
 to expire therewith.