BILL NUMBER: AB 2302	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2014

INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 21, 2014

   An act to amend Section 8278.3 of the Education Code, relating to
child care and development services  , and making an
appropriation therefor  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2302, as amended, Mullin. Child care and developmental
services: facilities.
   Existing law establishes the Child Care Facilities Revolving Fund,
a continuously appropriated fund in the State Treasury, to provide
funding for the renovation, repair, improvement, or purchase of child
care facilities for lease to school districts and contracting
agencies that provide child care and developmental services pursuant
to the Child Care and Development Services Act. Existing law provides
for payment by the school district or contracting agency of a
leasing fee over a 10-year period, after which title transfers to the
district or agency.
   This bill would  provide that this funding shall be used
for the renovation, repair, or improvement of an existing child care
facility for lease to school districts and contracting agencies that
provide child care and development services, and facilities that
provide transitional kindergarten programs. This bill would 
extend the period of the lease from 10 years to 14  years.

    The   years. The  bill would 
also  require the department to adopt regulations to
establish priorities, forms, policies, and procedures for
implementing and managing the fund, and to promote the availability
of the fund on its Internet Web  site.  
   Existing law establishes that a school district or county office
of education that provides child care pursuant to the California
School Age Families Education Program is eligible to apply for and
receive moneys under the fund. 
    This   site. The  bill would provide
that  these   eligible  applicants may
apply for, and receive, a funding award from the fund up to $400,000
for a single, freestanding relocatable or modular building, and up to
$200,000 for each additional module added to an existing building.
The bill would also require that a funding award not exceed $900,000
for any applicant for the renovation, repair, or improvement of an
existing building.
   The bill would state the intent of the Legislature that $7,000,000
shall be appropriated annually in the Budget Act, to fund specified
purposes related to child care facilities. 
   By changing the purpose of this continuously appropriated fund,
this bill would make an appropriation. 
   Vote: majority. Appropriation:  yes   no
 . Fiscal committee: yes. State-mandated local program: no.


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

  SECTION 1.  Section 8278.3 of the Education Code is amended to
read:
   8278.3.  (a) (1) The Child Care Facilities Revolving Fund is
hereby established in the State Treasury to provide funding for the
renovation, repair, or improvement of an existing building to make
the building suitable for licensure for child care and development
services and for the purchase of new relocatable child care
facilities for lease to school districts and contracting agencies
that provide child care and development services pursuant to this
 chapter, or that provide transitional kindergarten programs
pursuant to Section 48000.   chapter.  The
Superintendent may transfer state funds appropriated for child care
facilities into this fund for allocation to school districts and
contracting agencies, as specified, for the  replacement and
expansion of capacity of child care facilities, and facilities that
offer transitional kindergarten programs.   purchase,
transportation, and installation of facilities for replacement and
expansion of capacity.  School districts and contracting
agencies using facilities made available by the use of these funds
shall be charged a leasing fee, either at a fair market value for
those facilities or at an amount sufficient to amortize the cost of
purchase and relocation, whichever amount is lower, over a 14-year
period. Upon full repayment of the purchase and relocation costs,
title shall transfer from the State of California to the school
district or contracting agency. The Superintendent shall deposit all
revenue derived from the lease payments into the Child Care
Facilities Revolving Fund.
   (2) Notwithstanding Section 13340 of the Government Code, all
moneys in the fund, including moneys deposited from lease payments,
are continuously appropriated, without regard to fiscal years, to the
Superintendent for expenditure pursuant to this article.
   (b) On or before August 1 of each fiscal year, the Superintendent
shall submit to the Department of Finance and the Legislative Analyst'
s Office a report detailing the number of funding requests received
and their purpose, the types of agencies that received funding from
the Child Care Facilities Revolving Fund, the increased capacity that
these facilities generated, a description of the manner in which the
facilities are being used, and a projection of the lease payments
collected and the funds available for future use.
   (c) A school district or county office of education that provides
child care pursuant to the California School Age Families Education
Program (Article 7.1 (commencing with Section 54740) of Chapter 9 of
Part 29 of Division 4 of Title 2) is eligible to apply for and
receive funding pursuant to this section.
   (d) The department shall adopt regulations to establish
priorities, forms, policies, and procedures for implementing and
managing the Child Care Facilities Revolving Fund that set expansion
of capacity  ,   including expansion of capacity of
existing sites,  as a priority, and shall promote the
availability of the fund on its Internet Web site.
   (e) (1) A funding award under this section shall not exceed nine
hundred thousand dollars ($900,000) per award for the renovation,
repair, or improvement of an existing building.
   (2) An eligible applicant  under subdivision (c) 
may apply for, and receive, a funding award up to four hundred
thousand dollars ($400,000) for a single, freestanding relocatable or
modular building consisting of three 12-by-40-foot modules, and up
to two hundred thousand dollars ($200,000) per additional module
added to an existing building.
   (f) It is the intent of the Legislature to annually appropriate
the amount of seven million dollars ($7,000,000) in the Budget Act to
fund purposes specified in Provision 3 of Item 6110-194-0001 of
Section 2.00 of the Budget Act of 2013.