S T A T E O F N E W Y O R K
________________________________________________________________________
5753
2023-2024 Regular Sessions
I N A S S E M B L Y
March 23, 2023
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law and the state finance law, in
relation to creating the statewide childcare workforce living wage
fund to improve workforce conditions for employees of childcare
services and programs; and making an appropriation for services
related to improving workforce conditions for employees of childcare
services and programs authorized to receive funding from the statewide
childcare workforce living wage fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 153-k of the social services law is amended by
adding a new subdivision 13 to read as follows:
13. (A) TO THE EXTENT THAT MONIES ARE MADE AVAILABLE TO THE COMMIS-
SIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES FROM THE STATEWIDE
CHILDCARE WORKFORCE LIVING WAGE FUND ESTABLISHED PURSUANT TO SECTION
NINETY-SEVEN-BBBBB OF THE STATE FINANCE LAW, THE OFFICE OF CHILDREN AND
FAMILY SERVICES IS AUTHORIZED TO CONDUCT ACTIVITIES TO IMPROVE WORKFORCE
CONDITIONS FOR THE EMPLOYEES OF ELIGIBLE CHILDCARE SERVICES AND
PROGRAMS. PRIORITY SHALL BE GIVEN TO PROGRAMS AND PROVIDERS OF FAMILY
DAY CARE AND HOME-BASED CARE.
(B) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL CREATE AND MAKE
WIDELY AVAILABLE A CONSOLIDATED APPLICATION FOR THE STATEWIDE CHILDCARE
WORKFORCE LIVING WAGE FUND NO LATER THAN JUNE FIRST, TWO THOUSAND TWEN-
TY-THREE. ELIGIBILITY FOR THE FIRST ROUND OF PAYMENTS SHALL BE DETER-
MINED BY JULY FIFTEENTH, TWO THOUSAND TWENTY-THREE. FIRST ROUND OF
PAYMENTS TO PROVIDERS WHO FILED APPLICATIONS ON OR BEFORE JULY FIRST,
TWO THOUSAND TWENTY-THREE WILL BE MADE BY AUGUST FIFTEENTH, TWO THOUSAND
TWENTY-THREE TO PROVIDE COMPENSATION. ALL PROVIDERS AND PROGRAMS
APPROVED FOR GRANTS PURSUANT TO THIS SUBDIVISION SHALL BE PROVIDED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10066-01-3
A. 5753 2
TWELVE MONTHLY GRANT PAYMENTS, OR MONTHLY GRANT PAYMENTS UNTIL FUNDS ARE
EXHAUSTED, WHICHEVER THE FORMER.
§ 2. The state finance law is amended by adding a new section 97-bbbbb
to read as follows:
§ 97-BBBBB. STATEWIDE CHILDCARE WORKFORCE LIVING WAGE FUND. 1. THERE
IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND
THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE
STATEWIDE CHILDCARE WORKFORCE LIVING WAGE FUND.
2. THE STATEWIDE CHILDCARE WORKFORCE LIVING WAGE FUND SHALL CONSIST OF
MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND
OR SOURCE.
3. MONEYS OF THE STATEWIDE CHILDCARE WORKFORCE LIVING WAGE FUND, SHALL
BE MADE AVAILABLE TO THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES FOR ACTIVITIES TO IMPROVE WORKFORCE CONDITIONS FOR THE
EMPLOYEES OF ELIGIBLE CHILDCARE SERVICES AND PROGRAMS WHICH MAY INCLUDE,
BUT NOT BE LIMITED TO, SALARY INCREASES, WORKFORCE RETENTION BONUSES AND
RECRUITMENT BONUSES, INDIRECT COSTS ASSOCIATED WITH IMPLEMENTING SALARY
INCREASES AND BONUSES, COSTS ASSOCIATED WITH EMPLOYEE HEALTH AND FRINGE
BENEFITS AND MAY ALSO INCLUDE, PROVIDER PAY IF A PROVIDER'S PAY IS BELOW
TWICE THE MINIMUM WAGE SET FORTH IN ARTICLE NINETEEN OF THE LABOR LAW.
4. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL SUBMIT A REPORT TO
THE GOVERNOR AND THE LEGISLATURE BY JANUARY THIRTY-FIRST, TWO THOUSAND
TWENTY-FOUR AND ANNUALLY THEREAFTER DETAILING ALL EXPENDITURES MADE FROM
THE STATEWIDE CHILDCARE WORKFORCE LIVING WAGE FUND DURING THE PREVIOUS
YEAR, AND THE OFFICE'S PRIORITIES FOR ALLOCATING FUNDS FROM THE STATE-
WIDE CHILDCARE WORKFORCE LIVING WAGE FUND FOR THE CURRENT YEAR.
§ 3. 1. The sum of one billion dollars ($1,000,000,000), or so much
thereof as may be necessary, is hereby appropriated out of any moneys in
the general fund to the credit of the office of children and family
services, which are necessary for services and benefits necessary to
implement projects and purposes authorized to receive funding from the
statewide childcare workforce living wage fund pursuant to section
97-bbbbb of the state finance law.
2. Such moneys shall be payable on the audit and warrant of the state
comptroller on vouchers certified or approved in the manner prescribed
by law.
§ 4. The office of children and family services shall immediately
establish rules and regulations for the timely implementation of the
provisions of this act.
§ 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023; provided,
however, that the amendments to section 153-k of the social services law
made by section one of this act shall not affect the repeal of such
section and shall be deemed to repeal therewith.