BILL ANALYSIS
AB 1697
Page 1
Date of Hearing: May 18, 2005
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Judy Chu, Chair
AB 1697 (Pavley) - As Amended: May 4, 2005
Policy Committee: Human
ServicesVote:5-1
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill prohibits the licensure of a day care center that is
located within 650 feet of a high traffic roadway or industrial
site, as defined. Specifically, this bill:
1)Defines "high traffic roadway" to mean those roads that have
traffic in excess of 50,000 vehicles in a rural area on an
average day and in excess of 100,000 vehicles in an urban area
on an average day.
2) Defines "industrial site" to mean any pollution sources with
a potential to use, generate, emit, or discharge hazardous
emissions, as defined.
3)Defines "hazardous air emissions" to include substances
identified by the National Toxicology Program, substances
identified by the US secretary of Health and Human Services,
carcinogens, reproductive toxins, air contaminants, or
potential air toxics identified by the Office of Air Quality
and Planning and Standards of the Environmental Protection
Agency, and other substances recognized to present chronic or
acute threat to public health.
4)This bill provides exemptions to this prohibition if a day
care center has:
a) A current and valid license to operate within 650 feet
of a high traffic roadway.
b) A license to build a center under construction within
650 feet of a high traffic roadway.
c) A valid license and plans to transfer ownership to a
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different person or entity.
FISCAL EFFECT
1)Unknown annual costs in excess of several hundred thousand
dollars to the Division of Community Care Licensing (CCL)
within the Department of Social Services (DSS) to comply with
the provisions of this bill. According to data, 1,500 new
child care facilities were licensed in 2004.
This bill may require several hours of CCL staff time to test
air quality, measure distance from a myriad of unacceptable
sources of air pollutants identified in the bill, measure
distances from roadways, research whether such roadways meet
the definition of high traffic contained in this bill, and to
determine appropriate facility placement in a community. For
example if each of the 1,500 facilities takes three additional
hours to license, costs will increase by more than $200,000.
2)Unknown, potentially major, California Work Opportunity and
Responsibility to Kids (CalWORKs) program costs to the extent
this bill delays placement of children in safe and healthy
child care and therefore delays parents from paid work that
would otherwise reduce welfare caseloads and expenditures.
For example, if 500 employable parents were delayed from paid
work by three months due to a lack of appropriate child care
due to the air quality and location restrictions in this bill,
CalWORKs costs could increase by up to $1 million in Temporary
Assistance for Needy Families (TANF) funds.
COMMENTS
1)Rationale . This bill is designed to improve the quality of air
that children breathe while in California's licensed child
care system. The author indicates, via legislative findings
and declarations, that children are vulnerable and at higher
risk than adults because of still developing lung capacity. In
addition, numerous research studies show a link between asthma
and poor air quality. Nearly 1.2 million children in
California have asthma, increasing health costs significantly.
2)Existing Law . The CCL division within DSS develops and
enforces regulations designed to protect the health and safety
of individuals in 24-hour residential care facilities and day
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care. Licensed facilities include child care, foster family
and group homes, adult residential facilities, and residential
facilities for the elderly.
There are 9,700 licensed child care centers that provide care to
613,000 children. According to some estimates, more than
200,000 are currently on waiting lists for child care
statewide.
3)Opposition . The Child Care Law Center and the California Child
Care Resource and Referral Network oppose this bill. Although
the opponents applaud the intent of the bill, they indicate
the burden this bill places on an already-stressed and
underfunded child care system will further constrain the
supply of child care in the state. In addition, opponents
indicate that this bill disproportionately impacts low-income
and urban communities. Finally, these and other opponents
assert that many child care centers have started businesses
close to high traffic roads to increase parental convenience
and reducing travel time.
4)Provisions are Broad . Although this bill aims to improve air
quality for young children, the bill is very broad and unclear
regarding what sources of exposure are acceptable or
unacceptable. For example, as currently drafted, businesses
such as gas stations, dry cleaners, and car painters may be
sources of prohibited air. Enforcement of such broad
provisions may be complex, costly, and time-consuming. Some
questions of child safety addressed by this bill may be beyond
the reach of child care providers and CCL staff.
5)Related Legislation . SB 532 (Escutia), Chapter 668, Statutes
of 2003 prohibits the acquisition of a school site within 500
feet of the edge of the closest lane of traffic of a freeway
or other busy traffic corridor, unless certain conditions are
met.
Analysis Prepared by : Mary Ader / APPR. / (916) 319-2081