NY State Senate Bill 2025-S3415A

Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
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Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 10, 2025	print number 3415a
Feb 10, 2025	amend and recommit to finance
Jan 27, 2025	referred to finance

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2025-S3415 - Details

See Assembly Version of this Bill:: A5899
Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Rpld §410 sub 3 ¶(b), amd Soc Serv L, generally; amd §101, add Art 25 §§1220 - 1228, Ed L; add §§97-bbbbb, St Fin L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S7595
2023-2024: S3245

2025-S3415 - Summary

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

2025-S3415 - Sponsor Memo

                                 
BILL NUMBER: S3415

SPONSOR: BRISPORT
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section one establishes the name of the legislation as the "Universal
Child Care Act."

Section two sets forth the legislative findings.

Section three adds new section 390-k to the social services law, to
constitute the Universal Child Care Task Force to continue the work of
developing an implementation framework for a phased-in rollout of a

universal child care system, using state and federal resources.

Section four amends subsection eight of section 390 of the social
services law, to modify and update the manner in which the Office of
Children and Family Services notifies the public of the availability of
child care services.

Section five amends subdivision one of section 410 of the social
services law, to obligate public welfare officials to participate in a
system of free and universal child care.

Section six amends subdivision two of section 410-b of the social
services law regarding the manner in which the Office of Children and
Family Services implements federal funding for child care.

Section seven adds a new subdivision five to section 410-x of the social
services law, to require a new cost estimation model for the payment of
child care costs.

Section eight amends section 410-z of the social services law to require
the Office of Children and Family Services to prepare a report regarding
the actual cost providers incur in providing child care pursuant to the
previous section.

Section nine amends subdivision one and paragraph (b) of subdivision
five of section 410-c of the social services law, to increase state
reimbursement rates to counties, cities, and towns that provide child
care services, and to allow for further capital expenditures in areas
that constitute child care deserts.

Section ten amends subdivision eight of section 410-w of the social
services law to require New York State to cover certain child care
co-payments.

Section eleven amends subdivision 410-x of-the social services law to
require New York State to cover certain child care co-payments.
Section twelve amends subdivision eleven of section 410-x of the social
services law, requiring social services districts to establish differen-
tial payment rates for providers who care for children experiencing
homelessness, or who care for children during non-traditional hours,
with New York State covering these additional costs.

Section thirteen amends subdivision one of section 410 of the social
services law to remove administrative requirements regarding work and
immigration status.

Section fourteen repeals paragraph (b) of subdivision three of section
410 of the social services law, and reletters paragraphs (c) and (d).

Section fifteen amends subdivisions one and two of section 410-bb of the
social services law to declare the New York legislature's determination
that New York shall move towards a free and universal child care system,
with salary and benefits for workers at parity with that of public
school teachers.

Section sixteen amends subdivisions one and two of section 410-v of the
social services law, to increase reimbursement rates from New York State
to social services districts, and supplement federal block grant funding
with state funding to provide universal coverage within a period of four
years.

Section seventeen amends subdivisions one and two of section 410-w of
the social services law, to require outreach and support to ensure that
eligible families who need child care receive support, and that any
eligibility determinations required by federal law are the least
restrictive and most efficient available, in order to avoid placing
undue burdens on families applying for assistance.

Section eighteen amends subdivision two of section 410-u of the social
services law, to specify that the state block grant for child care shall
be used to increase child care worker salaries, and to specify that New
York State shall ensure child care coverage for families who are not
eligible for federal funding.

Section nineteen amends section 410-cc of the social services law to
specify that start up grants are to be used to serve areas that current-
ly constitute child care deserts.

Section twenty amends section 101 of the education law to establish an
"office of early childhood education," which is tasked with coordinating
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 task force established under section 390-k of the social
services law.

Section twenty one creates a new Permanent Child Care Workforce Pay
Equity Fund. This fund shall be utilized to directly raise wages of
participating child care programs as New York transitions towards a
universal child care system.


Section twenty two adds new Article 25 to the education law, creating a
new state public option for child care.

Section twenty three appropriates $1.2 billion for the Permanent Child
Care Workforce Pay Equity.

Section twenty four sets forth the effective date of the legislation.

 
JUSTIFICATION:

New York's child care infrastructure is in crisis: many parents have no
access to affordable or quality care and many child care providers are
forced to live in or near poverty. Decades of treating and funding child
care as a private service rather than vital public infrastructure has
left the system on the verge of collapse. Although some piecemeal
approaches and temporary solutions have kept New York's child care
system on life support, many child care centers have already been forced
to close, and parents are struggling to access the child care they need.
Today, where child care is still available, it is largely due to a
dramatically underpaid workforce overwhelmingly made up of women - espe-
cially Black women and women of color - who are paid wages that leave
the majority in or near poverty.

Resolving the underlying causes of New York's child care crisis requires
careful attention to detail, and the participation of all relevant
stakeholders across New York State. Accordingly, this legislation has
been carefully drafted to take into account the input of parents, child
care providers, union leaders, advocates, and experts across the state.
It has also been drafted with the input and insights of the Child Care
Availability Task Force, which was convened in 2018 and issued a series
of reports and recommendations aimed at guiding New York towards a
system of universal child care.  There is wide agreement that New York
needs to pursue a "dramatically different approach to child care" and
move instead towards a truly universal system, where child care is free
at the point of service and educators are paid sufficient wages, much
like our public school system.

Accordingly, this legislation makes substantial programmatic changes to
New York's child care system and makes significant investments in build-
ing out New York's child care infrastructure to set New York on a clear
path to building a universal child care system. It also ensures that the
"Universal Pre-K" and "3-K For All" programs are implemented in a manner
that does not leave behind providers who care for children under the age
of three, who have been particularly hard hit by the present child care
crisis.

One of the primary concerns regarding the present child care system is
that its workforce is dramatically underpaid. Much of the child care
workforce lives in poverty with 65% of child care providers receiving
such low wages that they are eligible for social safety net programs
such as food stamps or Medicaid. Many professionals either do not enter
the field at all, or are forced to leave it for higher paying jobs at
places like fast food chains or telemarketing companies. This is not
only an injustice, but also a tremendous vulnerability for our child
care system because the understaffing problem leads to further shortages
of available child care. Accordingly, in order to attract and maintain
an adequate workforce, this legislation creates a "permanent child care
workforce pay equity fund" that directly raises wages. It also makes
further adjustments to state law in order to move New York towards a
system where child care workers are properly recognized as educators,
and achieve wages that that are at parity with those of public school
teachers.

Another primary concern regarding the present child care system is that
our current system of means-tested subsidies imposes severe burdens on
those who can least afford it. In some regions, a family of four, with
two parents each working forty hours per week for minimum wage, will not
qualify for subsidies, and sending their children to a child care center
will cost 55.4% of their income. The lack of adequate subsidies is
particularly problematic because, in New York State, one year of tuition
for infant care at a child care center is more than double the cost of
tuition at a SUNY comprehensive four-year college. Accordingly, this
legislation requires substantial investments to guarantee child care
subsidies for high-quality and culturally responsive child care that
meets the needs of all children. The Child Care Availability Task Force
correctly noted that, although "the state's use of federal stimulus
funds has helped to suppress the damage, it alone is insufficient to
rebuild the child care system." New York needs to make its own invest-
ments, and this money will be well-spent: researchers estimate that for
every $1 invested in early care and education in New York State, $1.86
is generated in additional spending within the stat

This legislation further recognizes that the way we pay our child care
providers within New York State is deeply flawed. Current subsidies are
based on a "market rate survey" system that dramatically under-values
the cost of high-quality child care. Accordingly, this legislation would
shift New York away from the current "market rate survey" system, and
towards a new cost estimation model that more accurately compensates
providers for the true cost of care. This legislation further estab-
lishes a "transitional reimbursement rate" fund so that New York can
immediately offer more adequate compensation, pending the implementation
of such a new system.

In order to truly build out a universal child care system that goes
beyond the current means-tested and market-based solutions, New York
will need to make significant investments over time and build out its
infrastructure to meet the needs of the 64% of New Yorkers who live in
child care deserts, where the demand for child care far exceeds local
capacity. Accordingly, this legislation further creates a new "child
care infrastructure development fund," and modifies New York's system of
distributing startup funds, so that New York can build its current
capacity.

Finally, following the Child Care Availability Task Force recommendation
from April 2024, indicating that New York should "launch and evaluate a
state-run child care assistance pilot program," this legislation creates
a new state-run public option for universal child care to be developed.
This legislation will also create a new "office of early education,"
which will further coordinate and manage the implementation of these
programs.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.7595; 2023-24:  3245

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.

 
EFFECTIVE DATE:
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 subdivision
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.

2025-S3415 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3415
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2025
                                ___________
 
 Introduced  by  Sens.  BRISPORT,  BAILEY, BROUK, CLEARE, COMRIE, COONEY,
   FERNANDEZ,  GONZALEZ,  GOUNARDES,  HINCHEY,  HOYLMAN-SIGAL,   JACKSON,
   KAVANAGH,  LIU,  MYRIE,  RAMOS,  RIVERA,  SALAZAR, SEPULVEDA, SERRANO,
   SKOUFIS, STAVISKY -- read twice and ordered printed, and when  printed
   to be committed to the Committee on Finance

 AN  ACT  to  amend  the  social  services  law and the education law, in
   relation to 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06356-01-5

 S. 3415                             2
 
 map to Universal Child Care", which incorporates the recommendations  in
 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
 S. 3415                             3
 
   (J) 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 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
 S. 3415                             4
 
 ALL  NEW  YORKERS. 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 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-NINE-SS 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-
 S. 3415                             5
 
 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
 S. 3415                             6
 
 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.
 S. 3415                             7
 
   § 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-
 S. 3415                             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]
 S. 3415                             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, 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]
 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.
 S. 3415                            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, 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
 S. 3415                            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
 S. 3415                            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
 S. 3415                            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  99-ss
 to read as follows:
   §  99-SS.  PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND. 1. THERE IS
 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
 COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
 "PERMANENT CHILD CARE WORKFORCE PAY EQUITY FUND".
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED THEREFOR OR CREDIT-
 ED  OR  TRANSFERRED  THERETO  FROM  ANY  OTHER FUND, ACCOUNT, OR SOURCE.
 NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING
 GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE  FUND  AS  DEFINED  IN
 THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   3.  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  COMP-
 TROLLER ON MONEYS ON DEPOSIT IN THE FUND SHALL BE RETAINED IN AND BECOME
 A PART OF SUCH FUND.
 S. 3415                            14
 
   4.  SUBJECT TO AUTHORIZATION IN AN APPROVED BUDGET AND FINANCIAL PLAN,
 ANY FUNDS APPROPRIATED IN THE FUND SHALL BE CONTINUALLY AVAILABLE  WITH-
 OUT REGARD TO FISCAL YEAR LIMITATION.
   5.  MONEYS  IN  THE  FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
 SHALL BE UTILIZED TO DIRECTLY RAISE WAGES OF PARTICIPATING  PROGRAMS  AS
 NEW  YORK TRANSITIONS TOWARDS A UNIVERSAL CHILD CARE SYSTEM AND TO ALLOW
 EARLY CHILDHOOD EDUCATION AND CHILD CARE PROVIDERS TO PAY STAFF ADEQUATE
 WAGES AND BENEFITS AT PARITY WITH PUBLIC SCHOOL  TEACHERS.  SUCH  MONEYS
 SHALL  BE  ALLOCATED  THROUGH AGENCIES, INCLUDING BUT NOT LIMITED TO THE
 OFFICE OF CHILDREN AND FAMILY SERVICES, TO:
   (A) SUPPORT THE IMPLEMENTATION  OF  AN  EMPLOYEE  COMPENSATION  SALARY
 SCALE TO INCREASE THE MINIMUM COMPENSATION FOR EMPLOYEES OF EARLY CHILD-
 HOOD  EDUCATION  AND  CHILD CARE PROGRAMS, AS SET FORTH IN SECTION THREE
 HUNDRED NINETY-K OF THE SOCIAL SERVICES LAW; AND
   (B) PAY AGENCY ADMINISTRATIVE COSTS,  INCLUDING  PERSONNEL  COSTS  AND
 COSTS  RELATED  TO  PROVIDING  TECHNICAL  ASSISTANCE  TO  CHILD DAY CARE
 PROVIDERS, RELATED TO INCREASING THE MINIMUM COMPENSATION FOR  EMPLOYEES
 PURSUANT  TO  A  SALARY SCALE APPROVED BY THE UNIVERSAL CHILD CARE TASK-
 FORCE, AS DEFINED IN  SECTION  THREE  HUNDRED  NINETY-K  OF  THE  SOCIAL
 SERVICES  LAW; PROVIDED, THAT SUCH ADMINISTRATIVE COSTS SHALL NOT EXCEED
 FIVE PERCENT OF THE ANNUAL AMOUNT DEPOSITED INTO THE FUND IN ANY  FISCAL
 YEAR.
   6.  FOR  FISCAL  YEAR  TWO  THOUSAND TWENTY-FIVE, BEFORE THE UNIVERSAL
 CHILD CARE TASKFORCE'S REPORT  AND  RECOMMENDATIONS  ARE  COMPLETED  AND
 AVAILABLE, PAYMENTS FROM THE FUND SHALL BE DISTRIBUTED AT LEAST QUARTER-
 LY  TO  ELIGIBLE  PARTICIPANTS.  SUCH  PAYMENTS SHALL MEET THE FOLLOWING
 CRITERIA, PENDING SUBMISSION OF THE REPORT AND RECOMMENDATIONS FROM  THE
 UNIVERSAL CHILD CARE TASKFORCE:
   (A)  PAYMENTS SHALL BE CALCULATED AND READJUSTED ON A QUARTERLY BASIS,
 TO ENSURE THAT, TO THE EXTENT PRACTICABLE, ALL OF THE FUNDING  FOR  SUCH
 FISCAL YEAR IS DISTRIBUTED;
   (B) THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES SHALL ESTABLISH A
 SIMPLE  AND  ACCESSIBLE  APPLICATION  PROCESS  FOR PROVIDERS TO APPLY TO
 RECEIVE MONEY FROM THE FUND IN ACCORDANCE WITH THIS SECTION. THE COMMIS-
 SIONER SHALL MAKE  REASONABLE  EFFORTS  TO  ENSURE  THAT  PROVIDERS  AND
 EMPLOYEES THROUGHOUT THE STATE ARE AWARE OF THE PROGRAM AND THE APPLICA-
 TION PROCESS.
   (C) QUARTERLY PAYMENTS SHOULD BE SUFFICIENT TO ACHIEVE A MINIMUM ANNU-
 AL  SALARY  FLOOR  THAT THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES
 DETERMINES IS NECESSARY FOR  THE  MEDIAN  CHILD  DAY  CARE  EDUCATOR  TO
 ACHIEVE PARITY WITH THE MEDIAN PUBLIC SCHOOL EDUCATOR.
   (D)  THE  COMMISSIONER  OF  CHILDREN AND FAMILY SERVICES SHALL CONSULT
 WITH CHILD DAY CARE UNION REPRESENTATIVES, AND WITH THE UNIVERSAL  CHILD
 CARE  TASKFORCE,  IN  THE  DEVELOPMENT  OF THE PAYMENT SYSTEM, AND SHALL
 ALLOW SUCH REPRESENTATIVES AND MEMBERS OF THE TASKFORCE  TO  REVIEW  AND
 DISCUSS  A  DRAFT  PROPOSAL,  AND ON A QUARTERLY BASIS BEFORE ADDITIONAL
 QUARTERLY PAYMENTS ARE DISTRIBUTED.
   (E) THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES SHALL  REPORT  TO
 THE  PUBLIC,  ON  A  QUARTERLY  BASIS, THE TOTAL AMOUNT IN THE PERMANENT
 CHILD CARE WORKFORCE PAY EQUITY FUND, THE AMOUNT DEDUCTED  FOR  ADMINIS-
 TRATIVE  COSTS,  THE NUMBER OF APPLICANTS FROM THE PREVIOUS QUARTER, THE
 NUMBER OF PARTICIPANTS RECEIVING PAYMENTS FROM THE PREVIOUS QUARTER, AND
 THE EXACT SALARY ENHANCEMENT METHODOLOGY USED.
   7. FOR FISCAL YEARS TWO THOUSAND TWENTY-SIX, TWO THOUSAND  TWENTY-SEV-
 EN, TWO THOUSAND TWENTY-EIGHT AND TWO THOUSAND TWENTY-NINE, EXPENDITURES
 SHALL BE MADE IN ACCORDANCE WITH THE REPORT AND RECOMMENDATIONS FROM THE
 S. 3415                            15
 
 UNIVERSAL  CHILD  CARE TASKFORCE, REGARDING EMPLOYEE COMPENSATION SCALES
 AND ENHANCEMENTS FOR CHILD DAY CARE PROVIDERS, AS SET FORTH  IN  SECTION
 THREE  HUNDRED  NINETY-K OF THE SOCIAL SERVICES LAW. THE COMMISSIONER OF
 CHILDREN  AND  FAMILY  SERVICES SHALL INCORPORATE THE RECOMMENDATIONS OF
 THE TASKFORCE, BASED ON THE FOLLOWING CRITERIA:
   (A) BEGINNING FEBRUARY FIRST, TWO THOUSAND TWENTY-FIVE,  AND  ANNUALLY
 BY  FEBRUARY FIRST THEREAFTER, THE COMMISSIONER SHALL PUBLISH APPLICABLE
 SALARY TABLES TO REFLECT MINIMUM  ASSISTANT  TEACHER  AND  LEAD  TEACHER
 SALARIES  FOR  THE FOLLOWING FISCAL YEAR, TOGETHER WITH ADDITIONAL SALA-
 RIES DEEMED NECESSARY BY THE UNIVERSAL CHILD CARE TASKFORCE. EACH SALARY
 LEVEL SHALL ANNUALLY  INCREASE  IN  PROPORTION  TO  THE  ANNUAL  AVERAGE
 INCREASE, IF ANY, IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS IN
 NEW  YORK  STATE,  PUBLISHED  BY  THE  BUREAU OF LABOR STATISTICS OF THE
 UNITED STATES DEPARTMENT OF LABOR FOR THE PREVIOUS CALENDAR YEAR, ROUND-
 ED TO THE NEAREST MULTIPLE OF FIVE CENTS.
   (B) THE COMMISSIONER OF CHILDREN AND  FAMILY  SERVICES  SHALL  AIM  TO
 MAINTAIN  THE ONGOING SOLVENCY OF THE PERMANENT CHILD CARE WORKFORCE PAY
 EQUITY FUND. IF THE RECOMMENDED UPDATES TO COMPENSATION DEVIATE FROM THE
 PRINCIPLES SET FORTH IN THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE
 AN EXPLANATION FOR SUCH DEVIATION.
   (C) THE COMMISSIONER SHALL REPORT THE UPDATED  SALARY  TABLES  TO  THE
 GOVERNOR  IN ORDER FOR THE GOVERNOR TO INCLUDE SUCH SALARY TABLES IN THE
 GOVERNOR'S ANNUAL EXECUTIVE BUDGET SUBMISSION TO THE LEGISLATURE.
   8. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF CHILDREN AND  FAMILY
 SERVICES  SHALL ENSURE THAT ALL MONIES RECEIVED DURING A FISCAL YEAR ARE
 EXPANDED PRIOR TO THE END OF THAT FISCAL YEAR.
   9. IN THE EVENT THAT FUNDS AVAILABLE IN THE PERMANENT CHILD CARE WORK-
 FORCE PAY EQUITY FUND ARE NOT SUFFICIENT TO COVER THE COSTS TO IMPLEMENT
 THE EARLY CHILDHOOD EDUCATION SALARY SCALE, THE COMMISSIONER OF CHILDREN
 AND FAMILY SERVICES MAY DO ANY COMBINATION OF  THE  FOLLOWING,  PROVIDED
 THAT THE COMMISSIONER SHALL NOTIFY THE LEGISLATURE OF REDUCTIONS AUTHOR-
 IZED  PURSUANT  TO  THIS SUBDIVISION WITHIN FIVE BUSINESS DAYS AFTER THE
 DECISION TO MAKE SUCH REDUCTIONS IS MADE:
   (A) REDUCE CHILD DEVELOPMENT  FACILITY  PAYROLL  FORMULA  PAYMENTS  TO
 PARTICIPANTS  TO ALIGN WITH THE AVAILABILITY OF FUNDS AND ISSUE GUIDANCE
 TO FACILITIES FOR ADJUSTING IMPLEMENTATION OF THE EARLY CHILDHOOD EDUCA-
 TION SALARY SCALE FOR THAT FISCAL YEAR; OR
   (B) REDUCE THE NUMBER  OF  PARTICIPANTS  RECEIVING  CHILD  DEVELOPMENT
 FACILITY  PAYROLL FORMULA PAYMENTS, IN WHICH CASE THE COMMISSIONER SHALL
 PRIORITIZE FUNDING TO CHILD  DEVELOPMENT  FACILITIES  RECEIVING  SUBSIDY
 PAYMENTS.
   10.  FOR THE PURPOSES OF THIS SECTION, THE TERM "CHILD DAY CARE" SHALL
 HAVE THE SAME MEANING AS PROVIDED IN SUBPARAGRAPH (I) OF  PARAGRAPH  (A)
 OF  SUBDIVISION  ONE  OF  SECTION  THREE  HUNDRED  NINETY  OF THE SOCIAL
 SERVICES LAW.
   § 22. 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.
 S. 3415                            16
 
         1226. EMPLOYEE PROTECTIONS.
         1227. FACILITATED ENROLLMENT AND ASSISTANCE FOR APPLICANTS.
         1228. ANNUAL REPORTING.
 
   §  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
 S. 3415                            17
 
 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
 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.
   §   23.     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 from any
 moneys in the state treasury in the general fund to the  credit  of  the
 state  purposes  account  not otherwise appropriated for the purposes of
 creating the workforce compensation fund for child care educators.  Such
 sum  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.
   § 24. 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.

co-Sponsors

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2025-S3415A (ACTIVE) - Details

See Assembly Version of this Bill:: A5899
Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Rpld §410 sub 3 ¶(b), amd Soc Serv L, generally; amd §101, add Art 25 §§1220 - 1228, Ed L; add §§97-bbbbb, St Fin L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S7595
2023-2024: S3245

2025-S3415A (ACTIVE) - Summary

2025-S3415A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3415A

SPONSOR: BRISPORT
 
SUMMARY OF PROVISIONS:

Section one establishes the name of the legislation as the "Universal
Child Care Act."

Section two sets forth the legislative findings.

Section three adds new section 390-k to the social services law, to
constitute the Universal Child Care Task Force to continue the work of
developing an implementation framework for a phased-in rollout of a
universal child care system, using state and federal resources.

Section four amends subsection eight of section 390 of the social
services law, to modify and update the manner in which the Office of
Children and Family Services notifies the public of the availability of
child care services.

Section five amends subdivision one of section 410 of the social
services law, to obligate public welfare officials to participate in a
system of free and universal child care.

Section six amends subdivision two of section 410-b of the social
services law regarding the manner in which the Office of Children and
Family Services implements federal funding for child care.

Section seven adds a new subdivision five to section 410-x of the social
services law, to require a new cost estimation model for the payment of
child care costs.

Section eight amends section 410-z of the social services law to require
the Office of Children and Family Services to prepare a report regarding
the actual cost providers incur in providing child care pursuant to the
previous section.

Section nine amends subdivision one and paragraph (b) of subdivision
five of section 410-c of the social services law, to increase state
reimbursement rates to counties, cities, and towns that provide child
care services, and to allow for further capital expenditures in areas
that constitute child care deserts.

Section ten amends subdivision eight of section 410-w of the social
services law to require New York State to cover certain child care
co-payments.

Section eleven amends subdivision 410-x of the social services law to
require New York State to cover certain child care co-payments.

Section twelve amends subdivision eleven of section 410-x of the social
services law, requiring social services districts to establish differen-
tial payment rates for providers who care for children experiencing
homelessness, or who care for children during non-traditional hours,
with New York State covering these additional costs.

Section thirteen amends subdivision one of section 410 of the social
services law to remove administrative requirements regarding work and
immigration status.
Section fourteen repeals paragraph (b) of subdivision three of section
410 of the social services law, and reletters paragraphs (c) and (d).

Section fifteen amends subdivisions one and two of section 410-bb of the
social services law to declare the New York legislature's determination
that New York shall move towards a free and universal child care system,
with salary and benefits for workers at parity with that of public
school teachers.

Section sixteen amends subdivisions one and two of section 410-v of the
social services law, to increase reimbursement rates from New York State
to social services districts, and supplement federal block grant funding
with state funding to provide universal coverage within a period of four
years.

Section seventeen amends subdivisions one and two of section 410-w of
the social services law, to require outreach and support to ensure that
eligible families who need child care receive support, and that any
eligibility determinations required by federal law are the least
restrictive and most efficient available, in order to avoid placing
undue burdens on families applying for assistance.

Section eighteen amends subdivision two of section 410-u of the social
services law, to specify that the state block grant for child care shall
be used to increase child care worker salaries, and to specify that New
York State shall ensure child care coverage for families who are not
eligible for federal funding.

Section nineteen amends section 410-cc of the social services law to
specify that start up grants are to be used to serve areas that current-
ly constitute child care deserts.

Section twenty amends section 101 of the education law to establish an
"office of early childhood education," which is tasked with coordinating
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 task force established under section 390-k of the social
services law.

Sections twenty one and twenty-two create a new Permanent Child Care
Workforce Pay Equity Fund. This fund shall be utilized to directly raise
wages of participating child care programs as New York transitions
towards a universal child care system.

Section twenty three adds new Article 25 to the education law, creating
a new state public option for child care.

Section twenty four appropriates $1.2 billion for the Permanent Child
Care Workforce Pay Equity.

Section twenty five sets forth the effective date of the legislation.

 
JUSTIFICATION:


New York's child care infrastructure is in crisis: many parents have no
access to affordable or quality care and many child care providers are
forced to live in or near poverty. Decades of treating and funding child
care as a private service rather than vital public infrastructure has
left the system on the verge of collapse. Although some piecemeal
approaches and temporary solutions have kept New York's child care
system on life support, many child care centers have already been forced
to close, and parents are struggling to access the child care they need.
Today, where child care is still available, it is largely due to a
dramatically underpaid workforce overwhelmingly made up of women - espe-
cially Black women and women of color - who are paid wages that leave
the majority in or near poverty.

Resolving the underlying causes of New York's child care crisis requires
careful attention to detail, and the participation of all relevant
stakeholders across New York State. Accordingly, this legislation has
been carefully drafted to take into account the input of parents, child
care providers, union leaders, advocates, and experts across the state.
It has also been drafted with the input and insights of the Child Care
Availability Task Force, which was convened in 2018 and issued a series
of reports and recommendations aimed at guiding New York towards a
system of universal child care.  There is wide agreement that New York
needs to pursue a "dramatically different approach to child care" and
move instead towards a truly universal system, where child care is free
at the point of service and educators are paid sufficient wages, much
like our public school system.

Accordingly, this legislation makes substantial programmatic changes to
New York's child care system and makes significant investments in build-
ing out New York's child care infrastructure to set New York on a clear
path to building a universal child care system. It also ensures that the
"Universal Pre-K" and "3-K For All" programs are implemented in a manner
that does not leave behind providers who care for children under the age
of three, who have been particularly hard hit by the present child care
crisis.

One of the primary concerns regarding the present child care system is
that its workforce is dramatically underpaid. Much of the child care
workforce lives in poverty with 65% of child care providers receiving
such low wages that they are eligible for social safety net programs
such as food stamps or Medicaid. Many professionals either do not enter
the field at all, or are forced to leave it for higher paying jobs at
places like fast food chains or telemarketing companies. This is not
only an injustice, but also a tremendous vulnerability for our child
care system because the understaffing problem leads to further shortages
of available child care. Accordingly, in order to attract and maintain
an adequate workforce, this legislation creates a "permanent child care
workforce pay equity fund" that directly raises wages. It also makes
further adjustments to state law in order to move New York towards a
system where child care workers are properly recognized as educators,
and achieve wages that that are at parity with those of public school
teachers.

Another primary concern regarding the present child care system is that
our current system of means-tested subsidies imposes severe burdens on
those who can least afford it. In some regions, a family of four, with
two parents each working forty hours per week for minimum wage, will not
qualify for subsidies, and sending their children to a child care center
will cost 55.4% of their income. The lack of adequate subsidies is
particularly problematic because, in New York State, one year of tuition
for infant care at a child care center is more than double the cost of
tuition at a SUNY comprehensive four-year college. Accordingly, this
legislation requires substantial investments to guarantee child care
subsidies for high-quality and culturally responsive child care that
meets the needs of all children. The Child Care Availability Task Force
correctly noted that, although "the state's use of federal stimulus
funds has helped to suppress the damage, it alone is insufficient to
rebuild the child care system." New York needs to make its own invest-
ments, and this money will be well-spent:  researchers estimate that for
every $1 invested in early care and education in New York State, $1.86
is generated in additional spending within the state.

This legislation further recognizes that the way we pay our child care
providers within New York State is deeply flawed. Current subsidies are
based on a "market rate survey" system that dramatically under-values
the cost of high-quality child care. Accordingly, this legislation would
shift New York away from the current "market rate survey" system, and
towards a new cost estimation model that more accurately compensates
providers for the true cost of care. This legislation further estab-
lishes a "transitional reimbursement rate" fund so that New York can
immediately offer more adequate compensation, pending the implementation
of such a new system.  In order to truly build out a universal child
care system that goes beyond the current means-tested and market-based
solutions, New York will need to make significant investments over time
and build out its infrastructure to meet the needs of the 64% of New
Yorkers who live in child care deserts, where the demand for child care
far exceeds local capacity. Accordingly, this legislation further
creates a new "child care infrastructure development fund," and modifies
New York's system of distributing startup funds, so that New York can
build its current capacity.

Finally, following the Child Care Availability Task Force recommendation
from April 2024, indicating that New York should "launch and evaluate a
state-run child care assistance pilot program," this legislation creates
a new state-run public option for universal child care to be developed.
This legislation will also create a new "office of early education,"
which will further coordinate and manage the implementation of these
programs.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.7595; 2023-24: 3245

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
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 subdivision
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.

2025-S3415A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3415--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2025
                                ___________
 
 Introduced  by  Sens.  BRISPORT,  BAILEY, BROUK, CLEARE, COMRIE, COONEY,
   FERNANDEZ,  GONZALEZ,  GOUNARDES,  HINCHEY,  HOYLMAN-SIGAL,   JACKSON,
   KAVANAGH,  LIU,  MYRIE,  RAMOS,  RIVERA,  SALAZAR, SEPULVEDA, SERRANO,
   SKOUFIS, STAVISKY -- read twice and ordered printed, and when  printed
   to  be  committed to the Committee on Finance -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06356-02-5

 S. 3415--A                          2
 
 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
 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;
 S. 3415--A                          3
 
   (I)  TWO REPRESENTATIVES FROM UNIONS THAT REPRESENT CHILD CARE PROVID-
 ERS; AND
   (J) 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 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
 S. 3415--A                          4
 
 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
 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-
 S. 3415--A                          5
 
 ICLY-SEARCHABLE,  USER-FRIENDLY,  AND  LANGUAGE-ACCESSIBLE  DATABASE  OF
 AVAILABLE CHILD CARE FACILITIES ON THE OFFICE'S WEBSITE AND ON A COMPAN-
 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.
 S. 3415--A                          6
 
   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, 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
 S. 3415--A                          7
 
 OFFICE OF CHILDREN  AND  FAMILY  SERVICES  SHALL  POST  THE  INFORMATION
 CONTAINED IN THE REPORT ON ITS WEBSITE.
   § 9. Subdivision 1 and paragraph (b) of subdivision 5 of section 410-c
 of  the  social  services law, subdivision 1 as added by chapter 1014 of
 the laws of 1969, paragraph (a) of subdivision 1 as amended  by  chapter
 110  of  the laws of 1971, and paragraph (b) of subdivision 5 as amended
 by chapter 277 of the laws of 1990, and such section  as  renumbered  by
 chapter 640 of the laws of 1971, are amended to read as follows:
   1.  (a)  Expenditures made by counties, cities, and towns for day care
 and its administration, and day care center projects,  pursuant  to  the
 provisions  of  this  title,  shall,  if  approved by the department, be
 subject to reimbursement by the state,  in  accordance  with  the  regu-
 lations of the department, as follows: There shall be paid to each coun-
 ty,  city  or  town  (1)  the  amount of federal funds, if any, properly
 received or to be received on account of such expenditures; (2)  [fifty]
 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:
 S. 3415--A                          8
 
   8. Notwithstanding any other provision of law, rule or regulations  to
 the  contrary,  a social services district that implements a plan amend-
 ment to the child care portion of its child and  family  services  plan,
 either  as  part  of  an  annual plan update, or through a separate plan
 amendment  process,  where  such  amendment  reduces eligibility for, or
 increases the family share percentage of, families receiving child  care
 services, or that implements the process for closing child care cases as
 set forth in the district's approved child and family services plan, due
 to the district determining that it cannot maintain its current caseload
 because  all  of the available funds are projected to be needed for open
 cases, shall provide all  families  whose  eligibility  for  child  care
 assistance  or  family  share percentage will be impacted by such action
 with at least thirty days prior written notice of the action.  Provided,
 however, that a family receiving assistance pursuant to this title shall
 not  be required to contribute more than WHAT IS REQUIRED BY FEDERAL LAW
 OR 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
 S. 3415--A                          9
 
 AUTHORIZED  CHILD  CARE  SERVICES  BASED ON PROOF OF IMMIGRATION STATUS.
 Where the family [is able to pay part or all of the costs of such  care]
 INCOME IS MORE THAN ONE THOUSAND PERCENT OF THE POVERTY LINE, payment of
 such  fees as may be reasonable in the light of such ability [shall] MAY
 be required TO THE EXTENT NECESSARY AS 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
 S. 3415--A                         10
 
 PROVIDING STAFF WITH SALARY AND BENEFITS THAT IS AT PARITY WITH THAT  OF
 LOCAL PUBLIC SCHOOL TEACHERS IN THE RELEVANT AREA.
   §  16.  Subdivisions  1  and 2 of section 410-v of the social services
 law, subdivision 1 as added by section 52 of part B of  chapter  436  of
 the laws of 1997 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
 S. 3415--A                         11

 months  preceding  the  month  in  which eligibility for such assistance
 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,
 S. 3415--A                         12
 
 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; 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
 S. 3415--A                         13

 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 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
 S. 3415--A                         14
 
 EMPLOYEES OF ELIGIBLE CHILD CARE SERVICES  AND  PROGRAMS,  AND  TO  HELP
 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.
 S. 3415--A                         15
 
   SUCH  FORMULA  FOR  DISTRIBUTING  FUNDS  SHALL  CONSIDER: (I) LICENSED
 CAPACITY AND ENROLLMENT INCLUDING THE AGES OF THE CHILDREN ENROLLED  AND
 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.
 S. 3415--A                         16
 
         1228. ANNUAL REPORTING.

   §  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
 S. 3415--A                         17
 
 GENETIC CHARACTERISTICS, FAMILIAL STATUS, OR MARITAL STATUS. THERE SHALL
 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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