California Legislature—2013–14 Regular Session

Assembly BillNo. 2302


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 introduced, 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 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 bill would provide that these 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. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 8278.3 of the Education Code is amended
2to read:

3

8278.3.  

(a) (1) The Child Care Facilities Revolving Fund is
4hereby established in the State Treasury to provide funding for the
5renovation, repair, or improvement of an existing building to make
6the building suitable for licensure for child care and development
7services and for the purchase of new relocatable child care facilities
8for lease to school districts and contracting agencies that provide
9child carebegin insert and development servicesend insert pursuant to this chapterbegin insert, or
10that provide transitional kindergarten programs pursuant to
11Section 48000end insert
. The Superintendent may transfer state funds
12appropriated for child care facilities into this fund for allocation
13to school districts and contracting agencies, as specified, for the
14begin delete purchase, transportation, and installation of facilities forend delete
15 replacement and expansion of capacitybegin insert of child care facilities, and
16facilities that offer transitional kindergarten programsend insert
. School
17districts and contracting agencies using facilities made available
18by the use of these funds shall be charged a leasing fee, either at
19a fair market value for those facilities or at an amount sufficient
20to amortize the cost of purchase and relocation, whichever amount
P3    1is lower, over abegin delete 10-yearend deletebegin insert 14-yearend insert period. Upon full repayment of
2the purchase and relocation costs, title shall transfer from the State
3of California to the school district or contracting agency. The
4Superintendent shall deposit all revenue derived from the lease
5payments into the Child Care Facilities Revolving Fund.

6(2) Notwithstanding Section 13340 of the Government Code,
7all moneys in the fund, including moneys deposited from lease
8payments, are continuously appropriated, without regard to fiscal
9years, to the Superintendent for expenditure pursuant to this article.

10(b) On or before August 1 of each fiscal year, the Superintendent
11shall submit to the Department of Finance and the Legislative
12Analyst’s Office a report detailing the number of funding requests
13received and their purpose, the types of agencies that received
14funding from the Child Care Facilities Revolving Fund, the
15increased capacity that these facilities generated, a description of
16the manner in which the facilities are being used, and a projection
17of the lease payments collected and the funds available for future
18use.

19(c) A school district or county office of education that provides
20child care pursuant to the California School Age Families
21Education Program (Article 7.1 (commencing with Section 54740)
22of Chapter 9 of Part 29 of Division 4 of Title 2) is eligible to apply
23for and receive funding pursuant to this section.

begin insert

24(d) The department shall adopt regulations to establish
25priorities, forms, policies, and procedures for implementing and
26managing the Child Care Facilities Revolving Fund that set
27expansion of capacity as a priority, and shall promote the
28availability of the fund on its Internet Web site.

end insert
begin insert

29(e) (1) A funding award under this section shall not exceed nine
30hundred thousand dollars ($900,000) per award for the renovation,
31repair, or improvement of an existing building.

end insert
begin insert

32(2) An eligible applicant under subdivision (c) may apply for,
33and receive, a funding award up to four hundred thousand dollars
34($400,000) for a single, freestanding relocatable or modular
35building consisting of three 12-by-40-foot modules, and up to two
36hundred thousand dollars ($200,000) per additional module added
37to an existing building.

end insert
begin insert

38(f) It is the intent of the Legislature to annually appropriate the
39amount of seven million dollars ($7,000,000) in the Budget Act to
P4    1fund purposes specified in Provision 3 of Item 6110-194-0001 of
2Section 2.00 of the Budget Act of 2013.

end insert


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