BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 222
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 222 (Adams)
          As Amended  August 31, 2010
          2/3 vote.  Urgency
           
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          |ASSEMBLY:  |     |(June 1, 2009)  |SENATE: |28-7 |(August 31,    |
          |           |     |                |        |     |2010)          |
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                    (vote not relevant)

          Original Committee Reference:   U. & C.  

          SUMMARY  :  Fixes two problems facing ancillary day care centers  
          due to the passage of new legislation requiring a criminal  
          records clearance for each employee by January 1, 2011.

           The Senate amendments  delete the entire contents of the bill,  
          and instead, make the following clean-up changes to SB 702  
          (DeSaulnier), Chapter 199, Statutes of 2009, a bill that  
          requires short-term daycare center (ancillary daycare centers)  
          employers to ensure that their employees have no criminal  
          background that would pose a danger to the children under their  
          supervision:

          1)Allow, because one must be an adult to have a criminal records  
            clearance, persons under 18 years of age to be employees of  
            ancillary day care centers without being registered for  
            Trustline.

          2)Allow, because all employees of ancillary day care centers are  
            required to have a criminal records clearance and be  
            registered in the Trustline program, employees whose clearance  
            is pending to continue to work until the Department of Social  
            Services (DSS) denies their Trustline application and any  
            right to appeal has been exhausted or expired.  

          3)Set the fee for each Trustline application to equal and not  
            exceed the total amount required by the DSS to process  
            applications and maintain the Trustline registry for these  
            providers. 

          4)Add an urgency clause allowing this bill to take effect  
            immediately upon enactment.









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           EXISTING LAW  , under the Act:

          1)Requires each city or county source reduction and recycling  
            element to include an implementation schedule that shows a  
            city or county must divert 25% of solid waste from landfill  
            disposal or transformation by January 1, 1995, through source  
            reduction, recycling, and composting activities, and must  
            divert 50% of solid waste on and after January 1, 2000. 

          2)Defines "gasification" to mean a technology that uses a  
            noncombustion thermal process to convert solid waste to a  
            clean burning fuel for the purpose of generating electricity,  
            and that, at minimum, meets all of the following criteria: 

             a)   Does not use air or oxygen in the conversion process,  
               except ambient air to maintain temperature control; 

             b)   Produces no discharges of air contaminants or emissions,  
               including greenhouse gases, as defined in HSC Section  
               38505(g);

             c)   Produces no discharges to surface or groundwaters of the  
               state; 

             d)   Produces no hazardous waste; 

             e)   To the maximum extent feasible, the technology removes  
               all recyclable materials and marketable green waste  
               compostable materials from the solid waste stream prior to  
               the conversion process and the owner or operator of the  
               facility certifies that those materials will be recycled or  
               composted;

             f)   The facility where the technology is used is in  
               compliance with all applicable laws, regulations, and  
               ordinances; and,

             g)   The facility certifies to the board that any local  
               agency sending solid waste to the facility is in compliance  
               with this division and has reduced, recycled, or composted  
               solid waste to the maximum extent feasible, and the board  
               makes a finding that the local agency has diverted at least  
               30% of all solid waste through source reduction, recycling,  
               and composting.









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          3)Defines "solid waste disposal," "disposal," or "dispose" to  
            mean the final deposition of solid wastes onto land.  

          4) Defines" solid waste facility" to include a solid waste  
            transfer or processing station, a composting facility, a  
            gasification facility, a transformation facility, and a  
            disposal facility.  For purposes of Part 5 (PRC 45000),  
            "solid waste facility" additionally includes a solid waste  
            operation that may be carried out pursuant to an enforcement  
            agency notification, as provided in regulations adopted by the  
            board.  

          5)Defines "transformation" as incineration, pyrolysis,  
            distillation, or biological conversion other than composting.   
            "Transformation" does not include composting, gasification, or  
            biomass conversion.  

           AS PASSED BY THE ASSEMBLY  , this bill allowed:

          1)Facilities that convert solid waste into energy or chemicals  
            to count as a renewable electricity generation facility for  
            the purpose of California's Renewable Portfolio Standard.  

          2)Local governments to count solid waste that is converted into  
            electricity or chemicals toward their recycling diversion  
            goals.  

           FISCAL EFFECT  :  This bill, as amended, has not yet been analyzed  
          for a fiscal effect.

           COMMENTS  :  Several fitness centers have brought to the author's  
          attention that as of January 1, 2011, they will no longer be  
          able to hire teenagers who are not yet adults to work in their  
          on-site child care centers.  These teens make up a large part of  
          this workforce.  The author believes that it was not the intent  
          of the original legislation - SB 702 of 2009 - to exclude minors  
          from working in these centers.  However, as written the new law  
          does require a Trustline registration of every employee at an  
          ancillary day care center, and only adults can register for  
          Trustline.













                                                                  AB 222
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           What is the Trustline registry?

           There are several kinds of child care arrangements that do not  
          require a license from DSS.  Early in the 1980s, the Legislature  
          designed a program whereby a parent could determine if a person  
          in their employ as a child care provider has a criminal record.   
          Fingerprints and a fee are provided to the state Department of  
          Justice (DOJ), which in turn runs those prints against the state  
          crime data base and the state's Child Abuse Central Index  
          (CACI).  The prints are also provided to the Federal Bureau of  
          Investigation (FBI) which runs them through its national crime  
          data base.  Any rap sheet produced in this process is then  
          forwarded to DSS, which goes through the records and determines  
          if the individual in question can be given a clearance for child  
          care employment.  That information (if the person given a  
          clearance or denied a clearance) is then forwarded to the  
          California Child Care Resource and Referral Network, which  
          maintains a registry of persons with a clearance.  That registry  
          is called the Trustline registry.  The parent is also notified  
          if the individual is now registered or if that application was  
          denied.

          Over time, this registry has been used for additional  
          classifications of child care workers who are not working in  
          facilities that have a license.

          If a person does have a criminal record, there are some crimes  
          that automatically exclude an applicant from being on the  
          Trustline registry.  If an applicant is guilty of crimes of  
          lesser seriousness, DSS has the discretion to review an appeal  
          and grant registration when certain conditions are met.

          According to the Resource and Referral Network, fees for a  
          Trustline application include:

          1)$19 for the FBI clearance;|

          2)$32 for the DOJ to run prints through its criminal history  
            system;

          3)$15 for DOJ to run prints through the CACI;

          4)$43 for DSS and the Resource and Referral Network; and,

          5)$15 to $25 to process fingerprints at a LiveScan location








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          The cost averages about $125 for the entire process.  One  
          purpose of the registry is to enable a person to remain on the  
          registry as long as there are no subsequent arrests or  
          convictions.  Clearance information is therefore available to  
          employers over time.

          This bill requires DSS to charge a fee for the cost of  
          processing a Trustline application and maintaining Trustline.   
          The fee must equal and not exceed the total amount required by  
          the DSS to carry this out.


           Analysis Prepared by  :  Frances Chacon / HUM. S. / (916) 319-2089  



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