LCO 1 of 11 General Assembly Substitute Bill No. 5002 February Session, 2024 AN ACT CONCERNING EARLY CHILDHOOD CARE AND EDUCATION. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 10-511 of the 2024 supplement to the general 1 statutes is repealed and the following is substituted in lieu thereof 2 (Effective from passage): 3 [The Comptroller shall establish] (a) There is established the Early 4 Childhood Care and Education Fund. Said fund may contain any 5 moneys required or permitted by law to be deposited in the fund and 6 [any funds received from any public or private contributions, gifts, 7 grants, donations, bequests or devises to the fund.] shall receive and 8 hold all payments and deposits for contributions intended for said fund, 9 as well as gifts, bequests, endowments or federal, state or local grants 10 and any other funds from any public or private source and all earnings 11 until disbursed in accordance with the provisions of this section. 12 (b) The amounts on deposit in said fund shall not constitute property 13 of the state and said fund shall not be construed to be a department, 14 institution or agency of the state. Amounts on deposit in said fund shall 15 not be commingled with state funds and the state shall have no claim to 16 or against, or any interest in, such deposits. Any contract entered into 17 by or any obligation of said fund shall not constitute a debt or obligation 18 of the state and the state shall have no obligation to any person on 19 account of said fund and all amounts obligated to be paid from said 20 Substitute Bill No. 5002 LCO 2 of 11 fund shall be limited to amounts available for such obligation on deposit 21 in said fund. Said fund shall continue in existence as long as it holds any 22 deposits or has any obligations and until its existence is terminated by 23 law. 24 (c) The Treasurer shall invest the amounts on deposit in said fund in 25 a manner reasonable and appropriate to achieve the objectives of said 26 fund, exercising the discretion and care of a prudent person in similar 27 circumstances with similar objectives. The Treasurer shall give due 28 consideration to rate of return, risk, term or maturity, diversification of 29 the total portfolio within said fund, liquidity, the projected 30 disbursements and expenditures and the expected payments, deposits, 31 contributions and gifts to be received. The Treasurer shall not require 32 said fund to invest directly in obligations of the state or any political 33 subdivision of the state or in any investment or other fund administered 34 by the Treasurer. The assets of said fund shall be continuously invested 35 and reinvested in a manner consistent with the objectives of said fund 36 until disbursed by the Comptroller in accordance with the provisions of 37 this section. 38 (d) The Treasurer, on behalf of said fund and for purposes of said 39 fund, may: 40 (1) Receive and invest moneys in said fund in any instruments, 41 obligations, securities or property in accordance with this section; 42 (2) Enter into one or more contractual agreements, including 43 contracts for legal, actuarial, accounting, custodial, advisory, 44 management, administrative, advertising, marketing and consulting 45 services for said fund and pay for such services from the assets of said 46 fund; 47 (3) Procure insurance in connection with said fund's property, assets, 48 activities or deposits to said fund; 49 (4) Apply for and accept gifts, grants or donations from public or 50 private sources to enable said fund to carry out its objectives; 51 Substitute Bill No. 5002 LCO 3 of 11 (5) Adopt regulations in accordance with chapter 54 for purposes of 52 this section; 53 (6) Sue and be sued; 54 (7) Establish one or more accounts within said fund; and 55 (8) Take any other action necessary to carry out the purposes of this 56 section and incidental to the duties imposed on the Treasurer pursuant 57 to this section. 58 (e) The amounts on deposit in said fund shall be used for the 59 purposes of supporting early childhood education in, and child care 60 needs of, the state and shall not be expended for any other purpose. 61 Sec. 2. (NEW) (Effective from passage) (a) (1) There is established the 62 Early Childhood Care and Education Fund Advisory Commission, 63 which shall be part of the Legislative Department. The commission shall 64 review and report on the financial health and status of the Early 65 Education Childhood Fund, submit and update a ten-year plan to the 66 General Assembly on expenditures from said fund that would best 67 support early childhood education in, and child care needs of, the state 68 and make recommendations for legislative changes to further the 69 purposes of said fund. 70 (2) The commission shall consist of the following members: 71 (A) Two appointed by the speaker of the House of Representatives, 72 one of whom shall be a parent who is a member of the Early Childhood 73 Cabinet established pursuant to section 10-16z of the general statutes; 74 (B) Two appointed by the president pro tempore of the Senate, one of 75 whom shall be a representative of a corporation with a significant 76 physical presence in the state and that employs individuals who may 77 benefit from early childhood education and state child care initiatives; 78 (C) Two appointed by the majority leader of the House of 79 Representatives, one of whom shall be a representative of a 80 Substitute Bill No. 5002 LCO 4 of 11 philanthropic organization engaged in early childhood education issues 81 or child care issues in the state; 82 (D) Two appointed by the majority leader of the Senate, one of whom 83 shall be a representative of an early childhood education program 84 operator in the state; 85 (E) Two appointed by the minority leader of the House of 86 Representatives, one of whom shall be a representative of a non-home-87 based child care services provider in the state; 88 (F) Two appointed by the minority leader of the Senate, one of whom 89 shall be an operator or a representative of a home-based child care 90 services provider in the state; 91 (G) The commissioners of Early Childhood and Education, or their 92 designees; 93 (H) The Secretary of the Office of Policy and Management, or the 94 secretary's designee; 95 (I) The Treasurer, or the Treasurer's designee; and 96 (J) The Comptroller, or the Comptroller's designee. 97 (3) Any member of the commission appointed under subparagraph 98 (A), (B), (C), (D), (E) or (F) of subdivision (2) of this subsection may be a 99 member of the General Assembly and each such appointed member 100 shall serve in accordance with the provisions of section 4-1a of the 101 general statutes. 102 (4) The administrative staff of the joint standing committee of the 103 General Assembly having cognizance of matters relating to finance, 104 revenue and bonding shall serve as administrative staff of the 105 commission. 106 (5) The Comptroller and one member of the commission selected by 107 the speaker of the House of Representatives and one member of the 108 Substitute Bill No. 5002 LCO 5 of 11 commission selected by the president pro tempore of the Senate shall 109 serve as the chairpersons of the commission. Such chairpersons shall 110 schedule the first meeting of the commission, which shall be held not 111 later than ninety days after the effective date of this section. The 112 commission shall meet as often as deemed necessary by the 113 chairpersons or a majority of the commission. Any appointed member 114 who fails to attend three consecutive meetings or who fails to attend 115 fifty per cent of all meetings held during any calendar year shall be 116 deemed to have resigned from the commission. 117 (6) Any vacancy shall be filled by the appointing authority. Any 118 vacancy occurring other than by expiration of term shall be filled for the 119 balance of the unexpired term. 120 (7) A majority of the commission shall constitute a quorum for the 121 transaction of any business. 122 (8) (A) The members of the commission shall serve without 123 compensation, but shall, within the limits of available funds, be 124 reimbursed for travel expenses necessarily incurred in travelling to and 125 from a commission meeting, except that the following members shall be 126 eligible, within the limit of available funds, for a stipend of twenty-five 127 dollars for each hour or portion thereof that such member attends a 128 commission meeting: 129 (i) A parent member of the Early Childhood Cabinet; 130 (ii) A representative of an early childhood education program 131 operator, provided such representative is an employee of such program 132 operator and is compensated by such program operator on an hourly 133 basis; 134 (iii) A representative of a non-home-based child care services 135 provider, provided such representative is an employee of such provider 136 and is compensated by such provider on an hourly basis; and 137 (iv) An operator or a representative of a home-based child care 138 Substitute Bill No. 5002 LCO 6 of 11 services provider, provided such representative is an employee of such 139 provider. 140 (B) The time spent by a member under subparagraphs (A)(i) to 141 (A)(iv), inclusive, of this subdivision to travel to and from such meeting 142 shall not be counted for purposes of calculating the stipend under this 143 subdivision. 144 (C) Each member seeking the travel expenses or stipend under this 145 subdivision shall submit a request to the executive director of the Office 146 of Legislative Management, in such form and manner as prescribed by 147 said director, and shall provide any documentation required by said 148 director to substantiate the requested amount. 149 (b) The commission shall have the following powers and duties: 150 (1) Review and monitor the Early Childhood Care and Education 151 Fund to assess its financial sustainability; 152 (2) Obtain from any executive department, board, commission or 153 other agency of the state such assistance and data as necessary and 154 available to carry out the purposes of this section; and 155 (3) Perform such other acts as may be necessary and appropriate to 156 carry out the duties described in this section. 157 (c) The commission shall: 158 (1) Not later than January 1, 2026, and annually thereafter, submit a 159 report, in accordance with the provisions of section 11-4a of the general 160 statutes, to the joint standing committees of the General Assembly 161 having cognizance of matters relating to appropriations and the budgets 162 of state agencies, finance, revenue and bonding, education and children, 163 on the financial health and status of the Early Childhood Care and 164 Education Fund, including, but not limited to, (A) the amounts on 165 deposit in said fund, (B) disbursements made or expected to be made 166 from said fund for the applicable fiscal year, (C) the rates of return on 167 investments made by the Treasurer pursuant to subsection (c) of this 168 Substitute Bill No. 5002 LCO 7 of 11 section, (D) a statement as to the sufficiency of the amounts on deposit 169 in said fund to achieve the purposes of said fund, and (E) any 170 recommendations for policy changes and amendments to the general 171 statutes necessary to further the purposes of said fund; 172 (2) Not later than January 1, 2026, submit a ten-year plan, in 173 accordance with the provisions of section 11-4a of the general statutes, 174 to the joint standing committees of the General Assembly having 175 cognizance of matters relating to appropriations and the budgets of state 176 agencies, finance, revenue and bonding, education and children, of 177 recommendations of expenditures from said fund that would best 178 support early childhood education in, and child care needs of, the state. 179 The commission shall, in developing such plan, consider reports on the 180 state of (A) early childhood care and education in the state, and (B) 181 kindergarten readiness in the state, as well as best practices in other 182 states. The commission shall update such plan at least annually and 183 submit such updated plan annually to said committees; and 184 (3) Commencing with the fiscal year ending June 30, 2026, hold a 185 public hearing annually on the state of the fund and of early childhood 186 education and child care in the state. 187 Sec. 3. (NEW) (Effective July 1, 2024) (a) For the purposes described in 188 section 10-511 of the general statutes, as amended by this act, the State 189 Bond Commission shall have the power from time to time to authorize 190 the issuance of bonds of the state in one or more series and in principal 191 amounts not exceeding in the aggregate fifty million dollars. 192 (b) The proceeds of the sale of such bonds, to the extent of the amount 193 stated in subsection (a) of this section, shall be used by the Office of Early 194 Childhood for the purpose of implementing programs and initiatives 195 enacted to support early childhood education in, and child care needs 196 of, the state. 197 (c) All provisions of section 3-20 of the general statutes, or the exercise 198 of any right or power granted thereby, that are not inconsistent with the 199 provisions of this section are hereby adopted and shall apply to all 200 Substitute Bill No. 5002 LCO 8 of 11 bonds authorized by the State Bond Commission pursuant to this 201 section. Temporary notes in anticipation of the money to be derived 202 from the sale of any such bonds so authorized may be issued in 203 accordance with section 3-20 of the general statutes and from time to 204 time renewed. Such bonds shall mature at such time or times not 205 exceeding twenty years from their respective dates as may be provided 206 in or pursuant to the resolution or resolutions of the State Bond 207 Commission authorizing such bonds. None of such bonds shall be 208 authorized except upon a finding by the State Bond Commission that 209 there has been filed with it a request for such authorization that is signed 210 by or on behalf of the Secretary of the Office of Policy and Management 211 and states such terms and conditions as said commission, in its 212 discretion, may require. Such bonds issued pursuant to this section shall 213 be general obligations of the state and the full faith and credit of the state 214 of Connecticut are pledged for the payment of the principal of and 215 interest on such bonds as the same become due, and accordingly and as 216 part of the contract of the state with the holders of such bonds, 217 appropriation of all amounts necessary for punctual payment of such 218 principal and interest is hereby made, and the State Treasurer shall pay 219 such principal and interest as the same become due. 220 Sec. 4. (Effective July 1, 2024) Not later than June 30, 2025, fifty million 221 dollars shall be transferred from the General Fund to the Early 222 Childhood Care and Education Fund, established pursuant to section 223 10-511 of the general statutes, as amended by this act. 224 Sec. 5. (NEW) (Effective July 1, 2024) (a) The Office of Early Childhood 225 shall, within available appropriations, establish a Tri-Share Child Care 226 Matching Program serving New London County. Under such program, 227 costs for child care provided by duly licensed child care facilities in the 228 state shall be shared equally among participating employers, employees 229 and the state. 230 (b) (1) The program shall be established for a minimum of two years 231 and the office shall select a regional or state-wide organization as the 232 administrator of the program. Such administrator shall (A) determine 233 Substitute Bill No. 5002 LCO 9 of 11 employers' and employees' eligibility for participation in the program, 234 (B) ensure that child care facilities to which payments will be made 235 under the program are licensed by the state, (C) collect and ensure 236 timely payment from participating employers, participating employees 237 and the state, (D) disburse funds to the appropriate child care provider, 238 (E) recruit employers to participate in the program, and (F) coordinate 239 adequate communication between all parties. 240 (2) To be eligible to participate in the program: 241 (A) An employer shall have a physical facility located in New London 242 County that is the principal workplace of its employees; and 243 (B) An employee shall (i) be employed by a participating employer, 244 (ii) shall reside in the state, (iii) have as such employee's principal 245 workplace a location in New London County, (iv) be part of the asset 246 limited, income constrained, employed population that is below the 247 ALICE threshold, as calculated in the most recent annual report by the 248 United Way of Connecticut and provided to the administrator by the 249 commissioner, and (v) not be receiving other public assistance for child 250 care costs. 251 (c) The Commissioner of Early Childhood shall enter into an 252 agreement with such administrator to perform the duties described 253 under subdivision (1) of subsection (b) of this section. Such agreement 254 shall include, but need not be limited to, (1) a provision that the 255 administrator shall receive, for administrative costs of the program, up 256 to ten per cent of the funds allocated by the state for the program, (2) a 257 requirement that the administrator not commingle funds received for 258 purposes of the program, other than funds for administrative costs 259 allowed pursuant to subdivision (1) of this subsection, with other funds 260 held or controlled by the administrator, and (3) penalties for violation 261 of a provision of the agreement or of this section. 262 (d) Commencing with the fiscal year immediately following the first 263 year of the program and annually thereafter, the commissioner shall 264 submit to the joint standing committees of the General Assembly having 265 Substitute Bill No. 5002 LCO 10 of 11 cognizance of matters relating to appropriations and the budgets of state 266 agencies, finance, revenue and bonding, education and children, a 267 report on the program. Such report shall include, but need not be limited 268 to, (1) for the fiscal year immediately preceding, (A) the number of 269 participating employers and participating employees, and (B) the 270 amounts disbursed by the administrator for child care costs and the 271 amounts retained by the administrator for administrative costs, and (2) 272 any programmatic or legislative changes the commissioner 273 recommends to improve the program or further its purposes. 274 Sec. 6. (Effective July 1, 2025) (a) As used in this section: 275 (1) "Early childhood education program operator" means a school 276 readiness program, private preschool program or program pursuant to 277 section 8-210 of the general statutes; and 278 (2) "Child care services provider" means a child care center, group 279 child care home or family child care home, as those terms are described 280 in section 19a-77 of the general statutes. 281 (b) For the fiscal year ending June 30, 2026, the Office of Early 282 Childhood shall establish and administer a wage supplement and child 283 care program enhancement grant program for early childhood 284 education program operators and child care services providers. On and 285 after August 1, 2025, the office shall provide grants to early childhood 286 education program operators and child care services providers that 287 meet the eligibility requirements developed by the office pursuant to 288 subsection (d) of this section and submit an application for a grant, in 289 such form and manner as prescribed by the office. A grant awarded 290 under this section may be used by such early childhood education 291 program operator or child care services provider to supplement the 292 annual salaries of the employees of such operator or provider or to 293 address any other programmatic or administrative needs, in accordance 294 with the guidelines developed by the office pursuant to subsection (d) 295 of this section. 296 (c) In determining whether to award a grant under this section, the 297 Substitute Bill No. 5002 LCO 11 of 11 commissioner shall give priority to early childhood education program 298 operators and child care services providers that will use such grant 299 exclusively to supplement the annual salaries of the employees of such 300 operator or provider. 301 (d) The office shall develop (1) eligibility criteria for which early 302 childhood education program operators and child care services 303 providers are eligible to receive a grant under this section, and (2) 304 guidelines for the administration of the program and the expenditure of 305 a grant awarded under this section by a childhood education program 306 operator or child care services provider. Such eligibility criteria shall 307 limit grants to early childhood education program operators and child 308 care services providers serving high-need populations, as determined 309 by the commissioner, taking into account the findings and 310 recommendations in the 2023 report issued by the Blue-Ribbon Panel on 311 Child Care established by Executive Order Number 23-1 issued by 312 Governor Ned Lamont. 313 Sec. 7. Section 10-511a of the 2024 supplement to the general statutes 314 is repealed. (Effective from passage) 315 This act shall take effect as follows and shall amend the following sections: Section 1 from passage 10-511 Sec. 2 from passage New section Sec. 3 July 1, 2024 New section Sec. 4 July 1, 2024 New section Sec. 5 July 1, 2024 New section Sec. 6 July 1, 2025 New section Sec. 7 from passage Repealer section FIN Joint Favorable Subst.