BILL NUMBER: AB 2954	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 23, 2002
	AMENDED IN ASSEMBLY  APRIL 22, 2002

INTRODUCED BY   Assembly Member Simitian
    (Coauthor:  Assembly Member Alquist) 

                        FEBRUARY 25, 2002

   An act to add Section 65302.4 to the Government Code, relating to
land use.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2954, as amended, Simitian.  Land use.
   Existing law requires the legislative body of each county and city
to adopt a comprehensive, long-term general plan for the physical
development of the county or city, and of any land outside its
boundaries that bears relation to its planning.  The law requires the
plan to include a specified land use element that designates the
proposed general distribution and general location and extent of the
uses of the land for housing, business, industry, open space, and
other categories of public and private uses of land.
   This bill would require, upon the adoption or revision of a city
or county's general plan, on or after January 1, 2003, the land use
portion of the general plan to address the distribution of 
certain  child care facilities. By increasing the duties of
local officials, this bill would impose a state-mandated local
program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) California's burgeoning population and high cost of living
have made securing high quality, affordable child care a challenge
for working families and those making the transition from welfare to
work.
   (b) High quality, accessible, and affordable child care is an
important element of California's infrastructure, is critical to our
children, families, businesses, and economy, and is an essential
service in every community.
   (c) A "general plan" is a community's vision for its future and is
an appropriate place to examine important infrastructure components,
such as child care.
   (d) Local land use policies can serve as barriers to the
development of licensed child care facilities.
   (e) However, by planning for the distribution of child care
facilities in general plans, local communities can foster the
creation of high quality, accessible, and affordable child care that
is responsive to local needs and consistent with local development
priorities and policies.
   (f) Child care facilities, carefully distributed within a
community, can complement other general plan goals, such as trip
reduction and economic development.
   (g) Local child care planning councils, child care planning
coordinators, and child care resource and referral agencies exist in
all 58 California counties, conduct needs assessments and strategic
planning for child care, and can serve as a valuable resource to
local land use planners who are looking to make a place for child
care in the community.
   (h) It is the intent of the Legislature in enacting this act to
foster the development of more high quality, affordable, and
accessible licensed child care facilities because  it
  this development  will assist California's
working families, businesses, and the economy.
  SEC. 2.  Section 65302.4 is added to the Government Code, to read:

   65302.4.  Upon the adoption, or revision, of a city or county's
general plan, on or after January 1, 2003, the land use portion of
the general plan shall address the distribution of child care
facilities  , except family day care homes as defined in Section
1596.78 of the Health and Safety Code  .
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.