A 492: Establishes the permanent child care workforce pay equity fund and provides for the distribution thereof; makes an appropriation therefor.

  
  STATE OF NEW YORK ________________________________________________________________________ 492 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. HEVESI -- read once and referred to the Committee on Children and Families AN ACT to amend the social services law and the state finance law, in relation to creating the statewide childcare workforce living wage fund to improve workforce conditions for employees of childcare services and programs; and making an appropriation for services related to improving workforce conditions for employees of childcare services and programs authorized to receive funding from the statewide childcare workforce living wage fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 153-k of the social services law is amended by 2 adding a new subdivision 13 to read as follows: 3 13. (a) To the extent that monies are made available to the commis- 4 sioner of the office of children and family services from the statewide 5 childcare workforce living wage fund established pursuant to section 6 ninety-seven-bbbbb of the state finance law, the office of children and 7 family services is authorized to conduct activities to improve workforce 8 conditions for the employees of eligible childcare services and 9 programs. Priority shall be given to programs and providers of family 10 day care and home-based care. 11 (b) The office of children and family services shall create and make 12 widely available a consolidated application for the statewide childcare 13 workforce living wage fund no later than June first, two thousand twen- 14 ty-five. Eligibility for the first round of payments shall be determined 15 by July fifteenth, two thousand twenty-five. First round of payments to 16 providers who filed applications on or before July first, two thousand 17 twenty-five will be made by August fifteenth, two thousand twenty-five 18 to provide compensation. All providers and programs approved for grants 19 pursuant to this subdivision shall be provided twelve monthly grant EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01350-01-5 
 A. 492 2 1 payments, or monthly grant payments until funds are exhausted, whichever 2 the former. 3 § 2. The state finance law is amended by adding a new section 97-bbbbb 4 to read as follows: 5 § 97-bbbbb. Statewide childcare workforce living wage fund. 1. There 6 is hereby established in the joint custody of the state comptroller and 7 the commissioner of taxation and finance a fund to be known as the 8 statewide childcare workforce living wage fund. 9 2. The statewide childcare workforce living wage fund shall consist of 10 moneys appropriated, credited or transferred thereto from any other fund 11 or source. 12 3. Moneys of the statewide childcare workforce living wage fund, shall 13 be made available to the commissioner of the office of children and 14 family services for activities to improve workforce conditions for the 15 employees of eligible childcare services and programs which may include, 16 but not be limited to, salary increases, workforce retention bonuses and 17 recruitment bonuses, indirect costs associated with implementing salary 18 increases and bonuses, costs associated with employee health and fringe 19 benefits and may also include, provider pay if a provider's pay is below 20 twice the minimum wage set forth in article nineteen of the labor law. 21 4. The office of children and family services shall submit a report to 22 the governor and the legislature by January thirty-first, two thousand 23 twenty-five and annually thereafter detailing all expenditures made from 24 the statewide childcare workforce living wage fund during the previous 25 year, and the office's priorities for allocating funds from the state- 26 wide childcare workforce living wage fund for the current year. 27 § 3. 1. The sum of one billion dollars ($1,000,000,000), or so much 28 thereof as may be necessary, is hereby appropriated out of any moneys in 29 the general fund to the credit of the office of children and family 30 services, which are necessary for services and benefits necessary to 31 implement projects and purposes authorized to receive funding from the 32 statewide childcare workforce living wage fund pursuant to section 33 97-bbbbb of the state finance law. 34 2. Such moneys shall be payable on the audit and warrant of the state 35 comptroller on vouchers certified or approved in the manner prescribed 36 by law. 37 § 4. The office of children and family services shall immediately 38 establish rules and regulations for the timely implementation of the 39 provisions of this act. 40 § 5. This act shall take effect immediately; provided, however, that 41 the amendments to section 153-k of the social services law made by 42 section one of this act shall not affect the repeal of such section and 43 shall be deemed to repeal therewith.