S. 7595 2
meaningful ability to select the modalities that work best for their
children, where child care providers are not forced to compete against
each other, where high-quality is ensured for all so that we do not have
a two-tiered child care system where the wealthy have high-quality care
and the working poor have substandard care, where both federal and state
funding is allocated generously, where the burden on localities is mini-
mized, and where our child care system is truly universal.
§ 3. Section 390-k of the social services law, as added by chapter 493
of the laws of 2017, subdivisions 2, 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-
S. 7595 3
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
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
S. 7595 4
PROVIDING CARE FOR THOSE MOST IN NEED WHILE WE MOVE TOWARDS A TRULY
UNIVERSAL SYSTEM;
(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;
S. 7595 5
(C) WHETHER THE FACILITY IS FULLY ENROLLED OR HAS CURRENT AVAILABILI-
TY, WITH THE AVAILABLE CAPACITY SPECIFIED BY AGE GROUP;
(D) WHETHER THE FACILITY HAS A WAITING LIST FOR WHICH A FAMILY CAN
APPLY;
(E) THE AGE RANGE ALLOWABLE FOR THE FACILITY;
(F) THE MODALITY FOR THE FACILITY;
(G) THE OPERATING HOURS FOR THE FACILITY;
(H) THE LANGUAGE OR LANGUAGES SPOKEN AT THE FACILITY; AND
(I) WHETHER THE FACILITY HAS BEEN CITED FOR ANY VIOLATIONS, WITH ANY
SUCH VIOLATIONS SEPARATED INTO "DANGEROUS" AND "NON-DANGEROUS" CATEGO-
RIES, AND PROMINENT NOTICES INDICATING WHETHER ANY SUCH VIOLATIONS HAVE
BEEN CURED OR ADDRESSED.
THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROVIDE INFORMATION
ON ITS WEBSITE IN ENGLISH, FRENCH, POLISH, AND THE TEN MOST COMMON NON-
ENGLISH LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY
IN THE STATE, BASED ON UNITED STATES CENSUS DATA.
§ 5. Subdivision 1 of section 410 of the social services law, as added
by chapter 395 of the laws of 1965, is amended to read as follows:
1. A public welfare official of a county, city or town is [authorized]
OBLIGATED, provided funds have been made available therefor, to provide
day care at public expense for children residing in his OR HER territory
[who are eligible therefor pursuant to provisions of this title. Such
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-
S. 7595 6
TIFY AND TAKE INTO ACCOUNT COST DRIVERS INCLUDING BUT NOT LIMITED TO
EMPLOYEE SALARY AND BENEFITS, ENROLLMENT LEVELS, FACILITY COSTS AND
COMPLIANCE WITH STATUTORY AND REGULATORY REQUIREMENTS. WHERE A QUALITY
RATING SYSTEM OR ANY QUALITY INDICATORS ARE BEING UTILIZED, THE COST
ESTIMATION MODEL SHALL ALSO TAKE INTO ACCOUNT THE COST OF PROVIDING
SERVICES AT EACH LEVEL OF QUALITY.
(B) IN DEVELOPING SUCH MODEL THE OFFICE OF CHILDREN AND FAMILY
SERVICES SHALL CONSULT WITH STAKEHOLDERS INCLUDING, BUT NOT LIMITED TO,
REPRESENTATIVES OF CHILD CARE RESOURCE AND REFERRAL AGENCIES, CHILD CARE
PROVIDERS, LABOR LEADERS FOR ANY LABOR UNIONS REPRESENTING CHILD CARE
WORKERS IN THE STATE, AND ANY STATE ADVISORY COUNCIL ESTABLISHED PURSU-
ANT TO 42 U.S.C.S. § 9831 ET. SEQ., AS AMENDED. THE COST ESTIMATION
MODEL SHALL BE STATISTICALLY VALID, USING COMPLETE AND CURRENT DATA AND
RIGOROUS COLLECTION METHODS. THE COST ESTIMATION MODEL SHALL FURTHER
ACCOUNT FOR BIASES IN REPORTED DATA THAT TEND TO UNDERESTIMATE THE COST
OF CARE, AND SHALL MAKE APPROPRIATE ADJUSTMENTS.
§ 8. Section 410-z of the social services law, as added by section 52
of part B of chapter 436 of the laws of 1997, is amended to read as
follows:
§ 410-z. Reporting requirements. 1. Each social services district
shall collect and submit to the [department] OFFICE OF CHILDREN AND
FAMILY SERVICES, in such form and at such times as specified by the
[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-
S. 7595 7
ty, city or town (1) the amount of federal funds, if any, properly
received or to be received on account of such expenditures; (2) [fifty]
NINETY per centum of its expenditures for day care and its adminis-
tration and day care center projects, after first deducting therefrom
any federal funds received or to be received on account thereof, and any
expenditures defrayed by fees paid by parents or by other private
contributions.
(b) For the purpose of this title, expenditures for administration of
day care shall include expenditures for compensation of employees in
connection with the furnishing of day care, including but not limited to
costs incurred for pensions, federal old age and survivors insurance and
health insurance for such employees; training programs for personnel,
operation, maintenance and service costs; and such other expenditures
such as equipment costs, depreciation and charges and rental values as
may be approved by the department. It [shall not] MAY include expendi-
tures for capital costs IN APPROPRIATE CASES AT THE DISCRETION OF THE
DEPARTMENT, PROVIDED THAT CAPITAL COSTS ARE PRIORITIZED IN AREAS THAT
ARE CATEGORIZED AS CHILD CARE DESERTS. In the case of day care purchased
from a non-profit corporation constituting an eligible borrower pursuant
to title five-a of this article, expenditures shall include an allocable
proportion of all operating costs of such facility as may be approved by
the department including but not limited to the expenditures enumerated
in this paragraph [(b)] and expenditures for amortization, interest and
other financing costs of any mortgage loan made to such non-profit
corporation.
(b) The commissioner shall, within appropriations made available
therefor, select proposed school age child day care programs which shall
be eligible to receive an award [of no more than twenty-five thousand
dollars] for start up or expansion costs, including planning, rental,
operational and equipment costs, or minor renovations identified as
being necessary in order for the program to comply with applicable state
or local building, fire safety or licensing standards, based on plans
submitted to him. The commissioner 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
S. 7595 8
not be required to contribute more than WHAT IS REQUIRED BY FEDERAL LAW
OR ten percent of their income exceeding the federal poverty level,
WHICHEVER IS LOWER, AND THAT SUCH COST SHALL BE COVERED ENTIRELY BY THE
STATE.
§ 11. Subdivision 6 of section 410-x of the social services law, as
amended by section 2 of part Z of chapter 56 of the laws of 2021, is
amended to read as follows:
6. Pursuant to department regulations, child care assistance shall be
provided on a sliding fee basis based upon the family's ability to pay;
provided, however, that a family receiving assistance pursuant to this
title shall not be required to contribute more than WHAT IS REQUIRED BY
FEDERAL LAW OR ten percent of their income exceeding the federal poverty
level, WHICHEVER IS LOWER, AND THAT SUCH COST SHALL BE COVERED ENTIRELY
BY THE STATE.
§ 12. Section 410-x of the social services law is amended by adding a
new subdivision 9 to read as follows:
9. A SOCIAL SERVICES DISTRICT SHALL ESTABLISH DIFFERENTIAL PAYMENT
RATES FOR CHILD CARE SERVICES PROVIDED BY LICENSED, REGISTERED OR
ENROLLED CHILD CARE PROVIDERS AS REQUIRED BY THIS SUBDIVISION.
(A) LOCAL SOCIAL SERVICES DISTRICTS SHALL ESTABLISH A DIFFERENTIAL
PAYMENT RATE FOR CHILD CARE SERVICES PROVIDED BY LICENSED OR REGISTERED
CHILD CARE PROVIDERS WHO PROVIDE CARE TO A CHILD OR CHILDREN EXPERIENC-
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
S. 7595 9
OF THE POVERTY LINE, payment of such fees as may be reasonable in the
light of such ability [shall] MAY be required TO THE EXTENT NECESSARY AS
THE STATE TRANSITIONS TO A SYSTEM THAT IS FREE AND UNIVERSAL. TO THE
EXTENT THERE ARE INSUFFICIENT FUNDS TO IMMEDIATELY SERVE ALL FAMILIES,
THE STATE SHALL MAKE ALL REASONABLE EFFORTS TO INCREMENTALLY EXPAND TO
UNIVERSAL ACCESS OVER A PERIOD OF FOUR YEARS, PURSUANT TO THE PHASE-IN
PRIORITIES AND PRINCIPLES RECOMMENDED BY THE TASKFORCE UNDER SECTION
THREE HUNDRED NINETY-K OF THIS ARTICLE.
§ 14. Paragraph (b) of subdivision 3 of section 410 of the social
services law is REPEALED and paragraphs (c) and (d) are relettered para-
graphs (b) and (c).
§ 15. Subdivisions 1 and 2 of section 410-bb of the social services
law, subdivision 1 as added by chapter 503 of the laws of 1988, subdivi-
sion 2 as amended by chapter 659 of the laws of 1988, are amended to
read as follows:
1. The legislature finds and declares that a crisis exists in the
availability and quality of child day care in New York state and that
this crisis poses a danger both to the welfare and safety of the chil-
dren and to the productivity of this state's workforce; that inadequate
salaries and in many cases nonexistent benefit packages have substan-
tially contributed to the existing crisis by precluding day care centers
from recruiting and retaining necessary teaching and supervisory staff;
that an extremely high turnover rate has interfered in many instances
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
S. 7595 10
the laws of 1997, subdivision 2 as amended by chapter 214 of the laws of
1998, are amended to read as follows:
1. The part of the block GRANT that is determined to be available to
social services districts for child care assistance shall be apportioned
among the social services districts by the department according to an
allocation plan developed by the department and approved by the director
of the budget. The allocation plan shall [be based, at least in part, on
historical costs and on the availability and cost of, and the need for,
child care assistance in each social services district] AIM TO PROVIDE
UNIVERSAL AND FREE CHILD CARE ON A STATEWIDE BASIS. Annual allocations
shall be made on a federal fiscal year basis AND SHALL INCORPORATE THE
ANNUAL RECOMMENDATIONS OF THE CHILD CARE TASKFORCE ESTABLISHED UNDER
SECTION THREE HUNDRED NINETY-K OF THIS ARTICLE.
2. Reimbursement under the block grant to a social services district
for its expenditures for child care assistance shall be available for
[seventy-five] NINETY percent of the district's expenditures for child
care assistance provided to those families in receipt of public assist-
ance which are eligible for child care assistance under this title and
for one hundred percent of the social services district's expenditures
for other eligible families[; provided, however, that such reimbursement
shall be limited to the social services district's annual state block
grant allocation]. TO THE EXTENT THAT FAMILIES ARE NOT ELIGIBLE FOR
FUNDING PURSUANT TO THIS PROVISION, THE STATE SHALL MAKE ALL REASONABLE
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;
S. 7595 11
(c) families with incomes up to two hundred percent of the state
income standard which are determined in accordance with the regulations
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;
S. 7595 12
increasing technical assistance to all modalities of legal child care to
persons, WITH A PRIORITY GIVEN TO PERSONS who are at or below [two
hundred percent of the state income standard,] 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
S. 7595 13
duties, which were transferred to the education department [by section
three hundred twelve of the state departments law] or shall have been
prescribed by law before March sixteenth, nineteen hundred twenty-seven,
whether in terms vested in such department or university or in any sub-
department, division or bureau thereof or in such commissioner, board or
officer, and such functions, powers and duties shall continue to be
vested in the education department continued by this chapter and shall
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
S. 7595 14
CARE WORKFORCE STABILIZATION FUND SHALL BE RETAINED IN AND BECOME A PART
OF SUCH FUND.
3. MONEYS IN THE CHILD CARE WORKFORCE STABILIZATION FUND, FOLLOWING
APPROPRIATION BY THE LEGISLATURE, SHALL BE UTILIZED TO DIRECTLY RAISE
WAGES AMONG PARTICIPATING PROGRAMS AS NEW YORK ADJUSTS ITS REIMBURSEMENT
RATES TO COVER THE TRUE COST OF CHILD CARE, AND TO ALLOW CHILD CARE
PROVIDERS TO PAY STAFF ADEQUATE WAGES AND BENEFITS AT PARITY WITH PUBLIC
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
S. 7595 15
learners, families who work non-traditional hours, and families experi-
encing homelessness or in transitional housing. Such moneys shall be
allocated through agencies including, but not limited to, the office of
children and family services.
(b) One billion dollars ($1,000,000,000) shall be allocated to the
child care workforce stabilization fund established pursuant to section
99-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.