Establishes the universal child care act; repealer; appropriation
download bill text pdf| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Feb 24, 2025 |
referred to children and families |
Establishes the universal child care act to provide for the establishment and funding of universal child care in the state of New York; establishes a universal child care taskforce to help implement universal child care in the state and repeals certain provisions of the social services law relating thereto; establishes the permanent child care workforce pay equity fund; establishes a universal child care public option pilot program to provide universal child care in at least twenty locations throughout the state
S T A T E O F N E W Y O R K
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5899
2025-2026 Regular Sessions
I N A S S E M B L Y
February 24, 2025
___________
Introduced by M. of A. HEVESI, DINOWITZ, KELLES, GALLAGHER, MAMDANI,
CLARK, SIMON, P. CARROLL, KIM, WEPRIN, GONZALEZ-ROJAS, CUNNINGHAM,
SIMONE, RAGA -- read once and referred to the Committee on Children
and Families
AN ACT to amend the social services law and the education law, in
relation to establishing a universal child care taskforce; to amend
the state finance law, in relation to establishing a permanent child
care workforce pay equity fund; to amend the education law, in
relation to establishing a universal child care public option pilot
program; to repeal certain provisions of the social services law
relating to the child care availability taskforce; and making an
appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. 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 initial 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.
The Task Force was subsequently charged with the duty of advising the
state "in developing an implementation framework leading to a phased-in
rollout of universal child care", and issued another report in April
2024 that recommended items such as a "permanent line of funding for the
child care workforce" and the launch of "a state-run child care assist-
ance pilot program". In January 2025 the Task Force released its "Road-
map to Universal Child Care", which incorporates the recommendations in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06356-03-5
A. 5899 2
the first two reports, and lays out key markers on the road to universal
child care, including the "short term" goal of immediately establishing
a "permanent workforce compensation fund aimed at increasing wages for
all members of the child care workforce and indexed to cost of living".
This legislation will implement the recommendations of the Task Force
and 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 ulti-
mately 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 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 minimized, and where our child care system is truly
universal.
§ 3. The social services law is amended by adding a new section 390-k
to read as follows:
§ 390-K. UNIVERSAL CHILD CARE TASKFORCE. 1. THERE SHALL BE ESTABLISHED
A UNIVERSAL CHILD CARE TASKFORCE FOR THE PURPOSE OF 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, 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, RACIAL AND ETHNIC REPRESENTATION, MEMBERS OF THE TASKFORCE
SHALL BE APPOINTED BY THE GOVERNOR AND COMPRISED AS FOLLOWS:
(A) FOUR 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 AND AT LEAST ONE OF WHOM SHALL BE A
PARENT WHO HAS UTILIZED UNSUBSIDIZED CHILD CARE, FROM DIFFERENT REGIONS
OF THE STATE;
(B) FOUR 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 AND AT LEAST ONE OF WHOM
SHALL BE A PARENT WHO HAS UTILIZED UNSUBSIDIZED CHILD CARE, FROM DIFFER-
ENT REGIONS OF THE STATE;
(C) ONE INDIVIDUAL SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE
MINORITY LEADER OF THE ASSEMBLY;
(D) ONE INDIVIDUAL SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE
MINORITY LEADER OF THE SENATE;
(E) TWO REPRESENTATIVES OF A CHILD CARE RESOURCE AND REFERRAL AGENCY;
(F) A MINIMUM OF THREE AND A MAXIMUM OF FOUR REPRESENTATIVES OF HOME-
BASED CHILD CARE PROVIDERS;
(G) A MINIMUM OF THREE AND A MAXIMUM OF FOUR REPRESENTATIVES OF
CENTER-BASED CHILD CARE PROVIDERS;
(H) TWO REPRESENTATIVES FROM THE PUBLIC EDUCATION COMMUNITY;
(I) TWO REPRESENTATIVES FROM UNIONS THAT REPRESENT CHILD CARE PROVID-
ERS; AND
(J) AT LEAST ONE REPRESENTATIVE FROM EACH OF THE FOLLOWING ENTITIES:
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(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 SERVICES DISTRICT OR COUNTY GOVERNMENT OR AN ENTITY
THAT ADVOCATES ON BEHALF OF SOCIAL SERVICES OR COUNTY GOVERNMENTS;
(IX) A NON-PROFIT CHILD CARE ADVOCACY ORGANIZATION; AND
(X) AN ACADEMIC RESEARCH INSTITUTION, WITH EXPERTISE REGARDING DIFFER-
ENT INTERNATIONAL CHILD CARE SYSTEMS.
3. THE TASKFORCE SHALL:
(A) EXAMINE THE NEGATIVE IMPACTS OF THE EXPIRATION OF FEDERAL ASSIST-
ANCE FOR CHILD CARE IN NEW YORK STATE, AS WELL AS THE NEGATIVE IMPACTS
PRESENTED BY THE MULTIPLICITY OF DIFFERENT AGENCIES ADMINISTERING THE
CHILD CARE SYSTEM, AND THE DIFFICULTIES POSED BY MEANS-TESTING REQUIRE-
MENTS, WORK REQUIREMENTS, ACTIVITIES TESTS, AND IMMIGRATION STATUS
REQUIREMENTS;
(B) ADVISE THE STATE IN DEVELOPING AN IMPLEMENTATION FRAMEWORK LEADING
TO A FOUR-YEAR PHASED-IN ROLLOUT OF UNIVERSAL CHILD CARE, WHICH IS FREE
AT THE POINT OF SERVICE FOR ALL FAMILIES, WHICH DELIVERS HIGH-QUALITY
CHILD CARE TO ALL NEW YORKERS, AND WHICH OFFERS SALARIES TO EDUCATORS
COMPARABLE TO THOSE OF PUBLIC SCHOOL TEACHERS;
(C) RECOMMEND SOLUTIONS TO ADDRESS CHRONIC CHILD CARE WORKFORCE
ISSUES, THE AVAILABILITY OF CHILD CARE FOR NON-TRADITIONAL WORK HOURS,
AND OTHER CONCERNS IDENTIFIED IN THE COURSE OF THE EXAMINATION REQUIRED
BY THIS SUBDIVISION;
(D) RECOMMEND FEDERAL LEGISLATIVE CHANGES NECESSARY TO ACCESS FEDER-
ALLY FUNDED PROGRAMS, AS WELL AS STATE FUNDING APPROPRIATIONS NEEDED TO
COMPLETELY ELIMINATE MEANS-TESTING REQUIREMENTS, WORK REQUIREMENTS,
ACTIVITIES TESTS, AND IMMIGRATION STATUS REQUIREMENTS;
(E) HOW BEST TO PHASE IN THE ESTABLISHMENT OF A DEDICATED DEPARTMENT
OF EARLY EDUCATION, 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; AND
(F) ANYTHING ELSE THE TASKFORCE DEEMS NECESSARY.
4. (A) THE TASKFORCE SHALL REPORT A FOUR-YEAR PLAN FOR A PHASED ROLL-
OUT OF UNIVERSAL CHILD CARE IN THE STATE, AND MAKE ANNUAL RECOMMENDA-
TIONS, STARTING IN NOVEMBER FIRST, TWO THOUSAND TWENTY-FIVE THROUGH
NOVEMBER THIRTIETH, TWO THOUSAND TWENTY-SIX, FOR SPECIFIC APPROPRIATIONS
FOR BUDGET ALLOCATIONS THAT WOULD ALLOW FOR A TRULY FREE AND UNIVERSAL
CHILD CARE SYSTEM, INCLUDING, BUT NOT LIMITED TO: (I) WAGE INCREASES FOR
CHILD CARE EDUCATORS 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 YORKERS. SUCH RECOMMENDATIONS SHALL BE BASED ON WHAT IS NEEDED
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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 ACHIEVING 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.
(B) THE TASKFORCE SHALL ALSO REPORT ON AND MAKE RECOMMENDATIONS
REGARDING AN EMPLOYEE COMPENSATION SCALE FOR EARLY CHILDHOOD EDUCATORS
AND CHILD CARE WORKERS IN ACCORDANCE WITH SECTION NINETY-SEVEN-BBBBB OF
THE STATE FINANCE LAW. THE TASKFORCE SHALL:
(I) REVIEW THE FINDINGS AND RECOMMENDATIONS OF THE WASHINGTON, D.C.
EARLY CHILDHOOD EDUCATOR EQUITABLE COMPENSATION TASKFORCE FROM MARCH TWO
THOUSAND TWENTY-THREE;
(II) SUBMIT A SEPARATE REPORT TO THE GOVERNOR, THE SPEAKER OF THE
ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE NO LATER THAN DECEM-
BER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE. SUCH REPORT SHALL:
(1) ASSESS THE EXPECTED IMPACT OF IMPLEMENTING AN EMPLOYEE COMPEN-
SATION SCALE FOR RAISING THE WAGES AND BENEFITS OF WORKERS IN EARLY
CHILDHOOD EDUCATION AND CHILD CARE PROGRAMS TO PARITY WITH PUBLIC SCHOOL
TEACHERS;
(2) PROPOSE AN EMPLOYEE COMPENSATION SCALE FOR CHILD DAY CARE PROGRAMS
THAT ACCOUNTS FOR EMPLOYEE ROLE, CREDENTIALS, AND EXPERIENCE; AND
(3) PROVIDE RECOMMENDATIONS FOR IMPLEMENTING THE EMPLOYEE COMPENSATION
SCALE. SUCH RECOMMENDATIONS SHALL, AT A MINIMUM, CONSIDER: (A) EQUITABLE
IMPLEMENTATION THAT ACCOUNTS FOR DIFFERENT STAFFING MODELS, TYPES, AND
SIZES OF CHILD DAY CARE PROGRAMS; (B) HOW TO ALLOCATE FUNDS TO NEW CHILD
DAY CARE PROGRAMS THAT OPEN AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH;
(C) HOW TO ENSURE THAT FUNDS SUPPORT THE CHILD CARE WORKFORCE RATHER
THAN PRIVATE FOR-PROFIT INVESTORS; AND (D) HOW TO ENSURE THAT FUNDS
SUPPORT PROGRAMS THAT PROVIDE CARE TO SUBSIDY-ELIGIBLE FAMILIES;
(III) PROVIDE GUIDANCE AS TO HOW TO ALLOCATE THE PERMANENT CHILD CARE
WORKFORCE PAY EQUITY FUND FOR FISCAL YEARS TWO THOUSAND TWENTY-SIX, TWO
THOUSAND TWENTY-SEVEN, TWO THOUSAND TWENTY-EIGHT AND TWO THOUSAND TWEN-
TY-NINE, ASSUMING THAT THE AMOUNT AVAILABLE TO THE FUND INCLUDES AN
ANNUAL APPROPRIATION OF ONE BILLION TWO HUNDRED MILLION DOLLARS, PLUS
ANY AMOUNTS ADJUSTED FOR INFLATION IN YEARS BEYOND FISCAL YEAR TWO THOU-
SAND TWENTY-FIVE. THE TASKFORCE MAY ALSO RECOMMEND THAT SUCH APPROPRI-
ATIONS EXCEED ONE BILLION TWO HUNDRED MILLION DOLLARS; AND
(IV) MAKE RECOMMENDATIONS REGARDING OVERSIGHT, REPORTING, AND ACCOUNT-
ABILITY MECHANISMS FOR THE USE OF FUNDS ALLOCATED TO CHILD DAY CARE
PROGRAMS FROM THE PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND.
§ 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 MAINTAIN A PUBL-
ICLY-SEARCHABLE, USER-FRIENDLY, AND LANGUAGE-ACCESSIBLE DATABASE OF
AVAILABLE CHILD CARE FACILITIES ON THE OFFICE'S WEBSITE AND ON A COMPAN-
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ION 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;
(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
amended by chapter 694 of the laws of 2022, 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] THEIR territo-
ry [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 office of children and family services, that
there is a need and that such care is in the best interest of the child
and parent; provided however that the public welfare official shall not
be required to 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.
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 such section 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 is] OFFICE OF CHILDREN AND FAMILY
SERVICES AND THE DEPARTMENT OF EDUCATION ARE hereby designated and
empowered to act as the [agent] AGENTS of the state in carrying out the
provisions of any such federal law with respect to such day care facili-
ties 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 REIM-
BURSED 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
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REASONABLE EFFORTS TO MAXIMIZE THE ALLOCATION OF FEDERAL FUNDS BY MAKING
SUFFICIENT STATE-LEVEL APPROPRIATIONS.
§ 7. Subdivisions 5, 6, 7, 8, 9 and 10 of section 410-x of the social
services law are renumbered subdivisions 6, 7, 8, 9, 10 and 11 and a new
subdivision 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
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 RIGOR-
OUS 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 AND THE DEPARTMENT OF EDUCATION, 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 assist-
ance provided under the block grant as the [department] OFFICE OF CHIL-
DREN 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-SIX 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.
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§ 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]
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. The commissioner shall give pref-
erence 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 6 of part U of chapter 56 of the laws of 2023, 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-
A. 5899 8
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 one 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 7 of section 410-x of the social services law, as
amended by section 7 of part U of chapter 56 of the laws of 2023, and as
renumbered by section seven of this act, is amended to read as follows:
7. 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 one percent of their income exceeding the federal poverty
level, WHICHEVER IS LOWER, AND THAT SUCH COST SHALL BE COVERED ENTIRELY
BY THE STATE.
§ 12. Paragraph (a) of subdivision 11 of section 410-x of the social
services law, as added by section 1 of part Y of chapter 56 of the laws
of 2024, and as renumbered by section seven of this act, is amended to
read as follows:
(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 [no less than
ten percent higher but no greater than fifteen] TWENTY percent higher
than the actual cost of care or the applicable market-related payment
rate established by the office in regulations, whichever is less.
§ 13. Subdivision 1 of section 410 of the social services law, as
amended by chapter 694 of the laws of 2022, 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] THEIR 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 office of children and family
services, that there is a need and that such care is in the best inter-
est of the child and parent; provided however that the public welfare
official shall not [be required to] 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]
A. 5899 9
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 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 RECOM-
MENDED BY THE TASKFORCE ESTABLISHED PURSUANT TO 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 and
subdivision 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]
EDUCATORS, 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, WITHOUT 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.
A. 5899 10
§ 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 and 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] 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 PURSUANT
TO 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 ESTAB-
LISHED PURSUANT TO SECTION THREE HUNDRED NINETY-K OF THIS ARTICLE.
§ 17. Subdivisions 1 and 2 of section 410-w of the social services
law, subdivision 1 as amended by section 2 of part U of chapter 56 of
the laws of 2023 and subdivision 2 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. Such child day care shall be
authorized for the period designated by the regulations of the depart-
ment;
(b) families with incomes up to eighty-five percent of the state medi-
an income 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; provided
that the family received public assistance at least three of the six
months preceding the month in which eligibility for such assistance
A. 5899 11
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 eighty-five percent of the state medi-
an income, which are determined in accordance with the regulations of
the department to be at risk of becoming dependent on family assistance;
(d) families with incomes up to eighty-five percent of the state medi-
an income, who are attending a post secondary educational program; and
(e) other families with incomes up to eighty-five percent of the state
median income 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 REGU-
LATIONS. TO THE EXTENT THAT FAMILIES ARE NOT ELIGIBLE FOR FUNDING PURSU-
ANT 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 ESTABLISHED
PURSUANT TO 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 AND SCHOOL
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 FAMI-
LY 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
amended by section 1 of part U of chapter 56 of the laws of 2023, 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 activ-
ities 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 [eighty-five
percent of the state median income,] ONE THOUSAND PERCENT OF THE FEDERAL
POVERTY LINE; with emphasis on placements supporting local efforts in
meeting federal and state work participation requirements, increasing
technical assistance to all modalities of legal child care to persons,
WITH PRIORITY GIVEN TO PERSONS who are at or below [eighty-five percent
A. 5899 12
of the state median income,] 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 [eighty-five percent of the state
median income] ONE THOUSAND PERCENT OF THE FEDERAL POVERTY LINE. The
department shall have the authority to withhold funds from those agen-
cies 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 FAMILIES ARE NOT
ELIGIBLE FOR FUNDING PURSUANT TO THIS SUBDIVISION, THE STATE SHALL MAKE
ALL REASONABLE EFFORTS TO ENSURE THAT FAMILIES NOT ELIGIBLE FOR FEDERAL-
LY-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 ESTABLISHED PURSUANT TO 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. 5899 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 EDUCATORS, PURSUANT TO THE GUID-
ANCE ESTABLISHED BY THE TASKFORCE ESTABLISHED PURSUANT TO 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 department 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 admin-
istrative 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] SUCH DEPUTY
COMMISSIONER by rule and who, in the absence or disability of the
commissioner or when a vacancy exists in the office of commissioner,
shall exercise and perform the functions, powers and duties conferred or
imposed on the commissioner by this chapter. The regents of The Univer-
sity 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 contin-
ue to be governed and all its corporate powers to be exercised by such
board.
§ 21. The state finance law is amended by adding a new section
97-bbbbb to read as follows:
§ 97-BBBBB. STATEWIDE PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND.
1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMP-
TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN
AS THE "PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND".
2. THE PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND SHALL CONSIST OF
MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND
OR SOURCE. ANY UNEXPENDED AND UNENCUMBERED MONEYS REMAINING IN THE
PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND AT THE END OF A FISCAL
YEAR SHALL REMAIN IN THE PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND
AND SHALL NOT BE CREDITED TO ANY OTHER FUND. ANY INTEREST RECEIVED BY
THE COMPTROLLER ON MONEYS ON DEPOSIT IN THE FUND SHALL BE RETAINED IN
AND BECOME A PART OF SUCH FUND.
3. MONEYS OF THE PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND SHALL
BE MADE AVAILABLE TO THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES FOR ACTIVITIES TO IMPROVE WORKFORCE CONDITIONS FOR
EMPLOYEES OF ELIGIBLE CHILD CARE SERVICES AND PROGRAMS, AND TO HELP
A. 5899 14
ENSURE ELIGIBLE PROGRAMS CAN OPERATE AT HIGH QUALITY AND AT MAXIMUM
CAPACITY. ALLOWABLE USES OF THESE FUNDS MAY INCLUDE, BUT NOT BE LIMITED
TO, SALARY INCREASES, WORKFORCE RETENTION BONUSES AND RECRUITMENT BONUS-
ES, INDIRECT COSTS ASSOCIATED WITH IMPLEMENTING SALARY INCREASES AND
BONUSES, COSTS ASSOCIATED WITH EMPLOYEE HEALTH, AND FRINGE BENEFITS.
MONEYS AWARDED TO A PROGRAM IN ACCORDANCE WITH THIS SECTION SHALL MEET
THE FOLLOWING REQUIREMENTS:
(A) NO LESS THAN SEVENTY-FIVE PERCENT OF MONEYS AWARDED TO A PROGRAM
FROM THE PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND SHALL BE USED TO
INCREASE COMPENSATION AND/OR BENEFITS FOR EMPLOYEES IN A DIRECT CAREGIV-
ING ROLE WITH CHILDREN;
(B) NO LESS THAN TEN PERCENT OF MONEYS AWARDED TO A PROGRAM FROM THE
PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND SHALL BE USED TO INCREASE
COMPENSATION AND/OR BENEFITS FOR EMPLOYEES, ADMINISTRATORS, OWNER-OPERA-
TORS, WHO ARE NOT IN A DIRECT CAREGIVING ROLE WITH CHILDREN; AND
(C) ALL REMAINING MONEYS AWARDED TO A PROGRAM FROM THE PERMANENT CHILD
CARE WORKFORCE PAY EQUITY FUND SHALL BE USED AT PROGRAM DISCRETION TO
SUPPORT THE WORKFORCE, EXPAND PROGRAM CAPACITY, AND IMPROVE PROGRAM
QUALITY.
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-SIX AND ANNUALLY THEREAFTER DETAILING ALL EXPENDITURES AWARDED TO
A PROGRAM FROM THE PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND, AND
THE OFFICE'S PRIORITIES FOR ALLOCATING FUNDS FROM THE PERMANENT CHILD
CARE WORKFORCE PAY EQUITY FUND.
5. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION AND ANNUALLY
THEREAFTER, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ESTABLISH,
BY REGULATION, A MINIMUM COMPENSATION SCALE FOR THE CHILD CARE WORKFORCE
THAT IS INCLUSIVE OF ALL MEMBERS OF THE WORKFORCE, NOT JUST THOSE IN
DIRECT CAREGIVING ROLES WITH CHILDREN, AND IS STRUCTURED TO NOT INTER-
FERE WITH EXISTING OR FUTURE COLLECTIVE BARGAINING. SUCH COMPENSATION
SCALE SHALL SEEK TO ELEVATE WAGES OF CHILD CARE EDUCATORS TO PARITY WITH
THOSE OF SIMILARLY SITUATED PUBLIC SCHOOL EDUCATORS AND SHALL BE DEVEL-
OPED IN CONSULTATION WITH THE DEPARTMENT OF LABOR, THE STATE EDUCATION
DEPARTMENT, UNIONS REPRESENTING CHILD CARE WORKERS AND PROVIDERS,
MEMBERS OF THE CHILD CARE ADVOCACY COMMUNITY, AND REPRESENTATIVES OF
CHILD CARE PROGRAMS OF ALL MODALITIES, FROM AROUND THE STATE. ALL
PARTICIPANTS SHALL BE PERMITTED TO REVIEW AND COMMENT ON THE DRAFT MINI-
MUM COMPENSATION SCALE, WHICH SHALL BE PUBLISHED ANNUALLY, NO LATER THAN
DECEMBER THIRTY-FIRST IN ANY GIVEN CALENDAR YEAR FOLLOWING THE INITIAL
REPORT.
6. TO BE ELIGIBLE TO BE AWARDED MONEYS FROM THE PERMANENT CHILD CARE
WORKFORCE PAY EQUITY FUND, A PROGRAM MUST ACCEPT FAMILIES PAYING FOR
CHILD CARE BY MEANS OF THE NEW YORK CHILD CARE ASSISTANCE PROGRAM. IN
ADDITION, UPON IMPLEMENTATION OF THE MINIMUM COMPENSATION SCALE,
PROGRAMS MUST AGREE TO MEET THE MINIMUM COMPENSATION REQUIREMENTS AND
AGREE TO REASONABLE REPORTING REQUIREMENTS REGARDING THE USE OF SUCH
FUNDS.
7. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL MAINTAIN A FORMULA
FOR DISTRIBUTING FUNDS TO CHILD CARE PROVIDERS WHICH SHALL GIVE PREFER-
ENCE TO PROVIDERS THAT SERVE: (I) HIGH NUMBERS OF CHILDREN RECEIVING NEW
YORK CHILD CARE ASSISTANCE PROGRAM SUBSIDIES; (II) HIGH NUMBERS OF HIGH
NEEDS CHILDREN; AND (III) UNIQUE POPULATIONS OR THAT OTHERWISE ADVANCE
THE INTEREST OF THE PROGRAM AS DETERMINED BY THE DEPARTMENT.
SUCH FORMULA FOR DISTRIBUTING FUNDS SHALL CONSIDER: (I) LICENSED
CAPACITY AND ENROLLMENT INCLUDING THE AGES OF THE CHILDREN ENROLLED AND
A. 5899 15
THE AGES OF THE CHILDREN FOR WHOM THE PROVIDER HAS CAPACITY; PROVIDED,
HOWEVER, THAT ENROLLMENT SHALL BE MEASURED BY THE DEPARTMENT USING QUAR-
TERLY ENROLLMENT AVERAGES OR, IF DEEMED APPROPRIATE BY THE DEPARTMENT,
USING ENROLLMENT AVERAGES THAT ARE MEASURED LESS FREQUENTLY THAN QUAR-
TERLY; (II) COSTS ASSOCIATED WITH EMPLOYEE COMPENSATION, INCLUDING SALA-
RIES AND BENEFITS; (III) THE NUMBER OF ENROLLED CHILDREN RECEIVING NEW
YORK CHILD CARE ASSISTANCE PROGRAM SUBSIDIES; (IV) THE DEMOGRAPHICS AND
INCOME OF FAMILIES SERVED, INCLUDING THE NUMBER OF CHILDREN ENROLLED AND
IDENTIFIED AS HIGH NEEDS; (V) THE BUSINESS STRUCTURE OF PROVIDERS;
PROVIDED, HOWEVER, THAT LARGER INVESTOR-OWNED PROVIDERS SHALL BE DEPRI-
ORITIZED AND ONLY ELIGIBLE FOR FUNDING IF THE COMMISSIONER OF THE OFFICE
OF CHILDREN AND FAMILY SERVICES PERSONALLY CERTIFIES ELIGIBILITY FOR
SUCH FUNDS AND IS PROVIDED AN ASSURANCE AS TO HOW SUCH FUNDS WILL BE
USED TO SUPPORT THE CHILD CARE WORKFORCE AND THAT SUCH FUNDS WILL NOT
SERVE TO ENRICH PRIVATE FOR-PROFIT INVESTORS; AND (VI) ANY OTHER FACTORS
IMPACTING THE COST OF PROVIDING QUALITY EARLY EDUCATION AND CARE INCLUD-
ING, BUT NOT LIMITED TO, SERVING INFANTS AND TODDLERS, PROVIDING
NONSTANDARD HOURS OF CARE, AND PROVIDING CARE IN SOCIALLY AND ECONOM-
ICALLY DISADVANTAGED AND HISTORICALLY UNDERREPRESENTED COMMUNITIES WITH
SHORTAGES OF EARLY EDUCATION AND CARE SLOTS. THE OFFICE OF CHILDREN AND
FAMILY SERVICES SHALL INCORPORATE GEOGRAPHIC EQUITY INTO THE DEVELOPMENT
OF THE FORMULA AND, TO THE BEST OF THEIR ABILITY, CALCULATE PAYMENTS
SUCH THAT ALL FUNDS ARE DISTRIBUTED TO ELIGIBLE PROVIDERS EACH YEAR.
§ 22. Section 153-k of the social services law is amended by adding a
new subdivision 13 to read as follows:
13. (A) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL IMMEDIATELY
ESTABLISH RULES AND REGULATIONS FOR THE DISTRIBUTION OF FUNDS FROM THE
PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND.
(B) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ESTABLISH AND
MAKE WIDELY AVAILABLE A CONSOLIDATED APPLICATION FOR THE PERMANENT CHILD
CARE WORKFORCE PAY EQUITY FUND NO LATER THAN ONE HUNDRED EIGHTY DAYS
AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION. ELIGIBILITY FOR THE FIRST
ROUND OF PAYMENTS FROM THE PERMANENT CHILD CARE WORKFORCE PAY EQUITY
FUND SHALL BE DETERMINED WITHIN SIXTY DAYS AFTER THE APPLICATIONS ARE
MADE AVAILABLE, WITH THE FIRST ROUND OF PAYMENTS DISBURSED WITHIN THIRTY
DAYS OF ELIGIBILITY DETERMINATION. ALL PROVIDERS AND PROGRAMS APPROVED
FOR FUNDS PURSUANT TO THIS SUBDIVISION SHALL BE PROVIDED PAYMENTS AT
LEAST QUARTERLY FOR SO LONG AS THE PROGRAM REMAINS ELIGIBLE OR UNTIL
FUNDS ARE EXHAUSTED. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
DETERMINE A SIMPLE PROCESS FOR PROGRAMS TO RECERTIFY ELIGIBILITY FOR
SUCH FUNDS AT AN INTERVAL OF NO LESS THAN EVERY TWENTY-FOUR MONTHS.
§ 23. The education law is amended by adding a new article 25 to read
as follows:
ARTICLE 25
UNIVERSAL CHILD CARE PUBLIC OPTION PILOT PROGRAM
SECTION 1220. LEGISLATIVE FINDINGS.
1221. UNIVERSAL CHILD CARE PUBLIC OPTION PILOT PROGRAM.
1222. ADMINISTRATION.
1223. SELECTION OF LOCATIONS.
1224. UNIVERSAL ADMISSIONS.
1225. PAY PARITY FOR CHILD CARE EDUCATORS.
1226. EMPLOYEE PROTECTIONS.
1227. FACILITATED ENROLLMENT AND ASSISTANCE FOR APPLICANTS.
1228. ANNUAL REPORTING.
A. 5899 16
§ 1220. LEGISLATIVE FINDINGS. NEW YORK STATE IS CURRENTLY FACING A
CHILD CARE CRISIS. CHILD CARE IS UNAFFORDABLE AND UNAVAILABLE FOR TOO
MANY NEW YORKERS, AND THE CHILD CARE WORKFORCE HAS BEEN HISTORICALLY
UNDERPAID AND UNDERVALUED. MOREOVER, THERE IS A TROUBLING LACK OF CAPAC-
ITY, WITH 3.4 CHILDREN UNDER THE AGE OF SIX YEARS OLD FOR EVERY ONE
CHILD CARE SLOT AVAILABLE WITHIN THE STATE. IN ORDER TO ADDRESS THIS
CHILD CARE CRISIS, THE CHILD CARE AVAILABILITY TASK FORCE ISSUED A
REPORT IN APRIL TWO THOUSAND TWENTY-FOUR, SUBJECT TO ITS MANDATE TO
ASSIST IN "DEVELOPING A FRAMEWORK LEADING TO PHASED-IN ROLLOUT OF
UNIVERSAL CHILD CARE". THE FINAL REPORT ADVISED THAT THE STATE OF NEW
YORK SHOULD "LAUNCH AND EVALUATE A STATE-RUN CHILD CARE ASSISTANCE PILOT
PROGRAM" IN ORDER TO ADDRESS THESE SIGNIFICANT GAPS AND MOVE NEW YORK
STATE TOWARDS A SYSTEM OF TRULY UNIVERSAL AND HIGH-QUALITY CHILD CARE.
NEW YORK HAS ONE OF THE WEALTHIEST ECONOMIES IN THE WORLD, AND IT IS
MORE THAN CAPABLE OF DEVELOPING A SYSTEM OF UNIVERSAL CHILD CARE THAT
PROVIDES HIGH-QUALITY PROGRAMMING, PAYS ITS EDUCATORS WAGES AT PARITY
WITH THOSE OF PUBLIC SCHOOL EDUCATORS, AND IS FREE AT THE POINT OF
SERVICE JUST LIKE OUR PUBLIC SCHOOL SYSTEM.
§ 1221. UNIVERSAL CHILD CARE PUBLIC OPTION PILOT PROGRAM. THE COMMIS-
SIONER AND THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES ARE HEREBY DIRECTED TO JOINTLY ESTABLISH A UNIVERSAL CHILD CARE
PUBLIC OPTION PILOT PROGRAM, WITHIN AMOUNTS APPROPRIATED THEREFOR, IN NO
FEWER THAN TWENTY LOCATIONS THROUGHOUT THE STATE IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE.
§ 1222. ADMINISTRATION. THE UNIVERSAL CHILD CARE PUBLIC OPTION PILOT
PROGRAM SHALL BE JOINTLY ADMINISTERED BY THE COMMISSIONER AND THE
COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE COMMIS-
SIONER AND THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES SHALL HOLD A SERIES OF PUBLIC HEARINGS, CONSULT WITH ALL
MEMBERS OF THE UNIVERSAL CHILD CARE TASKFORCE ESTABLISHED PURSUANT TO
SECTION THREE HUNDRED NINETY-K OF THE SOCIAL SERVICES LAW, CONSULT WITH
ALL UNIONS THAT REPRESENT CHILD CARE WORKERS IN NEW YORK STATE, AND
JOINTLY PUBLISH AN IMPLEMENTATION PLAN NO LATER THAN DECEMBER THIRTY-
FIRST, TWO THOUSAND TWENTY-FIVE OUTLINING A PATH TO BEGIN IMPLEMENTING
THE PILOT PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE IN CONJUNCTION
WITH THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX FISCAL YEAR
BUDGET.
§ 1223. SELECTION OF LOCATIONS. THE COMMISSIONER AND THE COMMISSIONER
OF THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL JOINTLY SELECT NO
FEWER THAN TWENTY LOCATIONS THROUGHOUT THE STATE TO ESTABLISH NEW CHILD
CARE PROGRAMS. THESE LOCATIONS SHALL BE SELECTED BASED ON FACTORS THAT
INCLUDE, BUT ARE NOT LIMITED TO, THE NEED FOR HIGH-QUALITY CHILD CARE
AND THE LACK OF AVAILABILITY OF HIGH-QUALITY CHILD CARE IN THE REGION.
EXISTING CHILD CARE PROVIDERS WHO ARE FINANCIALLY STRUGGLING DUE TO A
LACK OF STATE SUPPORT, OR WHO ARE CAPABLE OF EXPANDING THEIR OPERATIONS
TO PROVIDE FURTHER HIGH-QUALITY CARE, SHALL BE GIVEN THE OPTION OF
OPTING IN TO PARTICIPATE IN THE UNIVERSAL CHILD CARE PUBLIC OPTION PILOT
PROGRAM, PROVIDED THAT THEY CAN OFFER EXPANDED HIGH-QUALITY CARE WITH
STATE SUPPORTS UNDER THE PROGRAM.
§ 1224. UNIVERSAL ADMISSIONS. THE UNIVERSAL CHILD CARE PUBLIC OPTION
PILOT PROGRAM SHALL NOT DISCRIMINATE IN ITS ADMISSIONS, AND SHALL
PROVIDE CHILD CARE REGARDLESS OF AGE, RACE, CREED, COLOR, NATIONAL
ORIGIN, CITIZENSHIP OR IMMIGRATION STATUS, SEXUAL ORIENTATION, OR GENDER
IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, DISABILITY, PREDISPOSING
GENETIC CHARACTERISTICS, FAMILIAL STATUS, OR MARITAL STATUS. THERE SHALL
A. 5899 17
BE NO MEANS TESTING FOR ADMISSION, AND CARE SHALL BE PROVIDED FREE AT
THE POINT OF SERVICE.
§ 1225. PAY PARITY FOR CHILD CARE EDUCATORS. THE UNIVERSAL CHILD CARE
PUBLIC OPTION PILOT PROGRAM SHALL ESTABLISH HIGH QUALITY PAY FOR HIGH
QUALITY PROGRAMMING. THE UNIVERSAL CHILD CARE PUBLIC OPTION PILOT
PROGRAM SHALL PAY STAFF ADEQUATE WAGES AND BENEFITS AT PARITY WITH
PUBLIC SCHOOL TEACHERS WITH SIMILAR EXPERIENCE AND QUALIFICATIONS.
§ 1226. EMPLOYEE PROTECTIONS. PRIOR TO SUBMITTING ITS IMPLEMENTATION
PLAN, THE COMMISSIONER AND THE COMMISSIONER OF THE OFFICE OF CHILDREN
AND FAMILY SERVICES SHALL CONSULT WITH ALL UNIONS THAT REPRESENT CHILD
CARE WORKERS IN NEW YORK STATE REGARDING MATTERS OF COMPENSATION AND
REPRESENTATION, IN ORDER TO ENSURE THAT THE CHILD CARE WORKFORCE
EMPLOYED PURSUANT TO THE UNIVERSAL CHILD CARE PUBLIC OPTION PILOT
PROGRAM IS PROPERLY REPRESENTED AND CAN COLLECTIVELY BARGAIN.
§ 1227. FACILITATED ENROLLMENT AND ASSISTANCE FOR APPLICANTS. IN ADDI-
TION TO ESTABLISHING NO FEWER THAN TWENTY NEW UNIVERSAL CHILD CARE
PROGRAM LOCATIONS, THE UNIVERSAL CHILD CARE PUBLIC OPTION PILOT PROGRAM
SHALL ALSO ASSIST IN SERVING THE NEEDS OF APPLICANTS THAT IT IS UNABLE
TO ACCOMMODATE WITHIN THE NEW LOCATIONS THAT ARE TO BE ESTABLISHED UNDER
THE PILOT PROGRAM. ONCE THE NEW LOCATIONS REACH THEIR MAXIMUM CAPACITY,
THE UNIVERSAL CHILD CARE PUBLIC OPTION PILOT PROGRAM SHALL ASSIST IN
PLACING ADDITIONAL APPLICANTS, WORKING IN CONNECTION WITH EXISTING CHILD
CARE RESOURCE AND REFERRAL AGENCIES AS WELL AS EXISTING FACILITATED
ENROLLMENT PROGRAMS, AT EXISTING CHILD CARE FACILITIES, AND SHALL
PROVIDE FURTHER FINANCIAL ASSISTANCE, SUBJECT TO APPROPRIATIONS IN THE
ANNUAL BUDGET.
§ 1228. ANNUAL REPORTING. IN ORDER TO EVALUATE THE IMPLEMENTATION OF
THE UNIVERSAL CHILD CARE PUBLIC OPTION PILOT PROGRAM, THE COMMISSIONER
AND THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
JOINTLY PUBLISH AN ANNUAL REPORT THAT INCLUDES, BUT IS NOT LIMITED TO,
THE NUMBER OF CHILDREN AND FAMILIES SERVED BY THE PROGRAM, THE WAGES OF
THE WORKFORCE, THE NUMBER OF APPLICANTS FOR THE PILOT PROGRAM, AND AREAS
WHERE FURTHER EXPANSION OF THE PILOT PROGRAM OR FINANCIAL ASSISTANCE
WOULD BE BENEFICIAL.
§ 24. The sum of one billion two hundred million dollars
($1,200,000,000), or so much thereof as may be necessary, is hereby
appropriated to the office of children and family services out of any
moneys in the state treasury in the general fund to the credit of the
permanent child care workforce pay equity fund account not otherwise
appropriated for the purposes of carrying out the provisions of this
act. Such moneys shall be payable on the audit and warrant of the state
comptroller on vouchers certified or approved by the commissioner of
children and family services, or such commissioner's duly designated
representative in the manner provided by law.
§ 25. This act shall take effect immediately; provided, however, that
if section one of part Y of chapter 56 of the laws of 2024 shall not
have taken effect on or before such date, then the amendments to subdi-
vision 11 of section 410-x of the social services law made by section
twelve of this act shall take effect on the same date and in the same
manner as such chapter of the laws of 2024 takes effect; provided,
further, that the amendments to section 153-k of the social services law
made by section twenty-two of this act shall not affect the repeal of
such section and shall be deemed repealed therewith.
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