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AB-1294 Childcare: individualized county childcare subsidy plans.(2021-2022)

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Date Published: 02/19/2021 09:00 PM
AB1294:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1294


Introduced by Assembly Member Bonta
(Coauthors: Assembly Members Berman and Quirk)
(Coauthor: Senator Skinner)

February 19, 2021


An act to amend Sections 8332, 8332.2, and 8332.7 of the Education Code, relating to childcare, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 1294, as introduced, Bonta. Childcare: individualized county childcare subsidy plans.
Existing law, the Child Care and Development Services Act, has as one of its purposes the provision of a comprehensive, coordinated, and cost-effective system of childcare and development services that includes a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to develop standards for the implementation of quality childcare programs. Existing law authorizes the Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma, as individual pilot projects, to develop an individualized county childcare subsidy plan, as provided. Existing law concludes each of these pilot programs on specified dates.
Existing law, commencing July 1, 2021, transfers responsibility for the administration of specified childcare and development services programs from the State Department of Education to the State Department of Social Services. Existing law requires statutory references to the Superintendent of Public Instruction, for purposes of the programs transferred to the State Department of Social Services on July 1, 2021, to instead be construed to mean the State Department of Social Services.
This bill would authorize the Counties of Alameda and Santa Clara to continue the individualized county childcare subsidy plan initially developed and approved under the pilot project described above beyond the conclusion of the pilot project.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda and Santa Clara.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 8332 of the Education Code is amended to read:

8332.
 (a) (1) The Counties of Alameda, Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Clara, Santa Cruz, Solano, and Sonoma may, individually as a pilot project, develop and implement individualized county child care childcare subsidy plans. The
(2) The Counties of Alameda and Santa Clara may continue the individualized county childcare subsidy plan initially developed and approved under the pilot project described in paragraph (1) beyond the conclusion of the pilot project.
(b) The plans shall ensure that child care childcare subsidies received by the above-named counties named in paragraph (1) of subdivision (a) are used to address local needs, conditions, and priorities of working families in their respective communities.

SEC. 2.

 Section 8332.2 of the Education Code is amended to read:

8332.2.
 (a) For purposes of this article, “plan” means an individualized county child care childcare subsidy plan developed and approved under the pilot project described in paragraph (1) of subdivision (a) of Section 8332, or, in the Counties of Alameda and Santa Clara, the individualized county childcare subsidy plan initially developed and approved under that pilot project and continued pursuant to paragraph (2) of subdivision (a) of Section 8332, which includes all of the following:
(1) An assessment to identify the county’s goals for its subsidized child care childcare system. The assessment shall examine whether the current structure of subsidized child care childcare funding adequately supports working families in the county and whether the county’s child care childcare goals coincide with the state’s requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the state’s child care childcare subsidy system that inhibit the county from meeting its child care childcare goals. In conducting the assessment, the county shall consider all of the following:
(A)  Needs assessment data collected pursuant to subdivision (b) of Section 8499.5.
(B)  Data collected by resource and referral agencies pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 8212.
(C) The county’s self-sufficiency income level.
(D) The cost of providing child care. childcare.
(2) (A) Development of a local policy to eliminate state-imposed regulatory barriers to the county’s achievement of its desired outcomes for subsidized child care. childcare.
(B) The local policy shall do all of the following:
(i) Prioritize lowest income families first.
(ii) Follow the family fee schedule established pursuant to Section 8273 for those families who are income eligible, as defined by Section 8263.1, and provide the exemptions for family fees specified in Section 8273.1.
(iii) Meet local goals that are consistent with the state’s child care childcare goals.
(iv) Identify existing policies that would be affected by the county’s plan.
(v) (I) Authorize an agency that provides child care childcare and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy.
(II) The department shall approve an application to amend an existing contract if the plan or modification of the plan is approved pursuant to Section 8332.3.
(III) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable.
(vi) Provide a family that qualifies for the second or third stage of child care childcare services pursuant to Article 15.5 (commencing with Section 8350), for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized child care childcare on another basis pursuant to the local policy, except as otherwise provided in Article 15.5 (commencing with Section 8350). Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of child care childcare services pursuant to Article 15.5 (commencing with Section 8350) that provides a greater benefit to participating families than is provided for in the local policy.
(C) The local policy may supersede state law concerning child care childcare subsidy programs with regard only to the following factors:
(i) Eligibility criteria, including, but not limited to, age, family size, time limits, income level, and special needs considerations.
(ii) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families who are not income eligible, as defined by Section 8263.1.
(iii) Reimbursement rates, including adjustment factors identified in Section 8265.5.
(iv) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based child care, childcare, and interagency agreements that allow for flexible and temporary transfer of funds among agencies.
(v) Families with children enrolled in part-day California state preschool program services, pursuant to Article 7 (commencing with Section 8235), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year.
(vi) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8236.
(3) Recognition that all funding sources utilized by contractors that provide child care childcare and development services in the county are eligible to be included in the county’s plan.
(4) Establishment of measurable outcomes to evaluate the success of the plan to achieve the county’s child care childcare goals, and to overcome any barriers identified in the state’s child care childcare subsidy system.
(b) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county.
(c) Nothing in this section shall allow a county to adopt as part of its pilot project plan an increase to the regional market reimbursement rate beyond the level provided in the annual Budget Act.
(d) A plan may include stage one child care childcare services in addition to alternative payment and direct service child care childcare programs. If the plan includes CalWORKs child care, pilot childcare, administrators shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their child care childcare services due to a transition between the three stages of child care childcare services and policies implemented in the pilot project. as part of the plan.

SEC. 3.

 Section 8332.7 of the Education Code is amended to read:

8332.7.
 (a)  For the County of Santa Clara, the pilot project authorized by this article shall remain in effect only until July 1, 2022, and as of that date is inoperative only as to the County of Santa Clara, unless a later enacted statute, that is enacted before July 1, 2022, deletes or extends that date. 2022, after which time the County of Santa Clara may continue the individualized county childcare subsidy plan, as authorized in paragraph (2) of subdivision (a) of Section 8332.
(b) For the County of Alameda, the pilot project authorized by this article shall remain in effect only until July 1, 2021, and as of that date is inoperative only as to the County of Alameda, unless a later enacted statute, that is enacted before July 1, 2021, deletes or extends that date. 2021, after which time the County of Alameda may continue the individualized county childcare subsidy plan, as authorized in paragraph (2) of subdivision (a) of Section 8332.
(c) For the Counties of Contra Costa, Fresno, Marin, Monterey, San Benito, San Diego, Santa Cruz, Solano, and Sonoma, this article shall remain in effect only until July 1, 2023, and as of that date is inoperative, unless a later enacted statute that is enacted before July 1, 2023, deletes or extends that date.

SEC. 4.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the Counties of Alameda and Santa Clara. Existing law does not reflect the fiscal reality of living in the County of Alameda or the County of Santa Clara, both high-cost counties where the cost of living is well beyond the state median level, resulting in reduced access to quality childcare. In recognition of the unintended consequences of living in a high-cost county, which have been intensified by the impact of the COVID-19 pandemic, this act is necessary to provide children and families in the Counties of Alameda and Santa Clara proper and continued equitable access to childcare and support the counties’ economic recovery through individualized county childcare subsidy plans.

SEC. 5.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order for this bill to take effect prior to the conclusion of the pilot project authorized in the County of Alameda by Article 15.1 (commencing with Section 8332) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, thereby ensuring continuity in the County of Alameda’s individualized childcare subsidy plan, it is necessary for this act to take effect immediately.