Int 0109-1998

Be it enacted by the Council as follows: Section one. Declaration of legislative intent. The Council hereby finds and declares that the lack of affordable, reliable child care facilities in the City has placed an enormous burden on working men and women who are often single parents. Some are unable to work because they cannot find suitable day care for their children. Other parents are compelled to rely on unlicensed, unregulated and potentially unsafe day care facilities. It is the intention of the Council to encourage and facilitate parents with young children to enter the work force and to alleviate the burden on working parents by making child care facilities more widely available. Moreover, it is the desire of the Council to encourage other governmental and private sector employers to provide day care facilities to their employees. Lastly, the Council wishes, and to provide an effective model for such employers. To this end, the Council declares it to be the policy of this City to provide space for day care facilities in City-owned or operated buildings in which a need for day care is demonstrated and where appropriate space is available. �2. Section 4-203 of chapter two of title four of the administrative code of the city of New York is hereby amended to add a new paragraph f to read as follows: f. (1) Notwithstanding any provision of this section to the contrary, the commissioner shall lease or rent, or grant any such permit, license or authorization with respect to any such property or portion thereof, for a rental of $1 per annum and upon such other terms and conditions as the commissioner may determine, in any case where a day care service provider demonstrates to the commissioner, by means of relevant data such as polls, surveys and statistical information, that there is a need for day care service at such property. Such need shall be deemed demonstrated if the day care service provider presents evidence showing that a minimum of forty people, at least 50% of whom are employed by the City of New York, would enroll their children in the day care service should it be established. The commissioner may, however, find such need established upon presentation of any other data he deems adequate. For the purpose of this section, "day care service" shall mean any service licensed by the board of health which, during all or part of the day, regularly gives care to six or more children, not of common parentage, who are under six years of age, whether or not it has a stated educational purpose, and whether the service is known as a child care center, day nursery, day care agency, nursery school, kindergarten, play school, progressive school or by any other name. (2) Any lease, permit, license or authorization granted by the commissioner pursuant to paragraph one of this section shall be limited in duration to one year, provided, however, that upon the expiration of the initial lease, permit, license or authorization, the commissioner shall renew same for additional one-year periods if the commissioner determines that (i) the day care service has maintained a valid license from the department of health and is otherwise in compliance with all applicable laws, rules and regulations pertaining to day care facilities; (ii) the day care service has given priority to employees of the city of New York in providing child care services; and (iii) at least 50% of the persons to whom day care services are provided are employees of the city of New York. (3) The commissioner shall promulgate such rules and regulations as are necessary to carry out the purposes of this section. The rules and regulations shall be submitted to the city council within 90 days after this law shall take effect. (4) Notwithstanding any provision of this section to the contrary, the commissioner shall lease or rent space pursuant to the provisions of paragraphs f.(1) and f.(2) hereof to a minimum of three day care service providers, each of which shall be located in a different borough, within twelve months of the effective date of this local law. If more than three day care service providers demonstrate the need for day care services required by paragraph f.(1), the commissioner shall choose those three providers who demonstrate the greatest need for day care services through evidence that more than forty people would enroll their children in such service. �3. This local law shall take effect one hundred and twenty days after it is enacted.