California 2021 2021-2022 Regular Session

California Assembly Bill AB1345 Amended / Bill

Filed 03/25/2021

                    Amended IN  Assembly  March 25, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1345Introduced by Assembly Member WicksFebruary 19, 2021An act relating to childcare. An act to add Section 8647.6 to the Government Code, relating to emergency services.LEGISLATIVE COUNSEL'S DIGESTAB 1345, as amended, Wicks. Childcare. Emergency services: licensed childcare providers.The California Emergency Services Act creates, within the office of the Governor, the Office of Emergency Services, which is responsible for addressing natural, technological, or man-made disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. Existing law authorizes, if the federal government offers services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purposes of mitigating the effects of an emergency, the state to accept the offer.This bill would require the Office of Emergency Services, in consultation with the State Department of Social Services and specified childcare stakeholders, to establish guidelines regarding the use, by licensed childcare providers, of funds provided to the state by the Federal Emergency Management Agency (FEMA) after the Governor has declared a disaster, state of emergency, or statewide state of emergency. The bill would require the guidelines to specify, subject to any limitations imposed on the use of funds by FEMA or federal law, how the funds will be allocated to licensed childcare providers, the timelines at which the funds will be distributed, and any purpose for which the funds may be used, as specified.Existing law, the Child Care and Development Services Act, has as one of its purposes the provision of a comprehensive, coordinated, and cost-effective system of childcare and development services that includes a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to develop standards for the implementation of quality childcare programs.Existing law, commencing July 1, 2021, transfers responsibility for the administration of specified childcare and development services programs from the State Department of Education to the State Department of Social Services. Existing law requires statutory references to the Superintendent of Public Instruction, for purposes of the programs transferred to the State Department of Social Services on July 1, 2021, to instead be construed to mean the State Department of Social Services. This bill would state the intent of the Legislature to enact legislation relating to Californias childcare system.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8647.6 is added to the Government Code, to read:8647.6. The Department of Social Services shall, in consultation with the Office of Emergency Services and childcare stakeholders, including, but not limited to, individual childcare providers, county childcare resource and referral agencies, childcare centers and childcare homes representatives, childcare center associations, and family childcare associations, establish guidelines regarding the use, by licensed and license-exempt childcare providers, of funds provided to the state by the federal government, including, but not limited to, Federal Emergency Management Agency (FEMA) funds in response to a disaster or emergency, including but not limited to COVID-19, after the Governor has declared a disaster, state of emergency, or statewide state of emergency. The guidelines shall specify, subject to any limitations imposed on the use of funds by FEMA or federal law, how funds provided by the federal government or FEMA will be allocated to licensed and license-exempt childcare providers, the timeline at which the funds will be distributed to licensed and license-exempt childcare providers, and any use for which the funds may be used, including for staying open or for reopening a childcare program during or after the declaration, to the extent permissible under federal and state law.SECTION 1.It is the intent of the Legislature to enact legislation relating to Californias childcare system.

 Amended IN  Assembly  March 25, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1345Introduced by Assembly Member WicksFebruary 19, 2021An act relating to childcare. An act to add Section 8647.6 to the Government Code, relating to emergency services.LEGISLATIVE COUNSEL'S DIGESTAB 1345, as amended, Wicks. Childcare. Emergency services: licensed childcare providers.The California Emergency Services Act creates, within the office of the Governor, the Office of Emergency Services, which is responsible for addressing natural, technological, or man-made disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. Existing law authorizes, if the federal government offers services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purposes of mitigating the effects of an emergency, the state to accept the offer.This bill would require the Office of Emergency Services, in consultation with the State Department of Social Services and specified childcare stakeholders, to establish guidelines regarding the use, by licensed childcare providers, of funds provided to the state by the Federal Emergency Management Agency (FEMA) after the Governor has declared a disaster, state of emergency, or statewide state of emergency. The bill would require the guidelines to specify, subject to any limitations imposed on the use of funds by FEMA or federal law, how the funds will be allocated to licensed childcare providers, the timelines at which the funds will be distributed, and any purpose for which the funds may be used, as specified.Existing law, the Child Care and Development Services Act, has as one of its purposes the provision of a comprehensive, coordinated, and cost-effective system of childcare and development services that includes a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to develop standards for the implementation of quality childcare programs.Existing law, commencing July 1, 2021, transfers responsibility for the administration of specified childcare and development services programs from the State Department of Education to the State Department of Social Services. Existing law requires statutory references to the Superintendent of Public Instruction, for purposes of the programs transferred to the State Department of Social Services on July 1, 2021, to instead be construed to mean the State Department of Social Services. This bill would state the intent of the Legislature to enact legislation relating to Californias childcare system.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Assembly  March 25, 2021

Amended IN  Assembly  March 25, 2021

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 1345

Introduced by Assembly Member WicksFebruary 19, 2021

Introduced by Assembly Member Wicks
February 19, 2021

An act relating to childcare. An act to add Section 8647.6 to the Government Code, relating to emergency services.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1345, as amended, Wicks. Childcare. Emergency services: licensed childcare providers.

The California Emergency Services Act creates, within the office of the Governor, the Office of Emergency Services, which is responsible for addressing natural, technological, or man-made disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. Existing law authorizes, if the federal government offers services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purposes of mitigating the effects of an emergency, the state to accept the offer.This bill would require the Office of Emergency Services, in consultation with the State Department of Social Services and specified childcare stakeholders, to establish guidelines regarding the use, by licensed childcare providers, of funds provided to the state by the Federal Emergency Management Agency (FEMA) after the Governor has declared a disaster, state of emergency, or statewide state of emergency. The bill would require the guidelines to specify, subject to any limitations imposed on the use of funds by FEMA or federal law, how the funds will be allocated to licensed childcare providers, the timelines at which the funds will be distributed, and any purpose for which the funds may be used, as specified.Existing law, the Child Care and Development Services Act, has as one of its purposes the provision of a comprehensive, coordinated, and cost-effective system of childcare and development services that includes a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to develop standards for the implementation of quality childcare programs.Existing law, commencing July 1, 2021, transfers responsibility for the administration of specified childcare and development services programs from the State Department of Education to the State Department of Social Services. Existing law requires statutory references to the Superintendent of Public Instruction, for purposes of the programs transferred to the State Department of Social Services on July 1, 2021, to instead be construed to mean the State Department of Social Services. This bill would state the intent of the Legislature to enact legislation relating to Californias childcare system.

The California Emergency Services Act creates, within the office of the Governor, the Office of Emergency Services, which is responsible for addressing natural, technological, or man-made disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. Existing law authorizes, if the federal government offers services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purposes of mitigating the effects of an emergency, the state to accept the offer.

This bill would require the Office of Emergency Services, in consultation with the State Department of Social Services and specified childcare stakeholders, to establish guidelines regarding the use, by licensed childcare providers, of funds provided to the state by the Federal Emergency Management Agency (FEMA) after the Governor has declared a disaster, state of emergency, or statewide state of emergency. The bill would require the guidelines to specify, subject to any limitations imposed on the use of funds by FEMA or federal law, how the funds will be allocated to licensed childcare providers, the timelines at which the funds will be distributed, and any purpose for which the funds may be used, as specified.

Existing law, the Child Care and Development Services Act, has as one of its purposes the provision of a comprehensive, coordinated, and cost-effective system of childcare and development services that includes a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to develop standards for the implementation of quality childcare programs.



Existing law, commencing July 1, 2021, transfers responsibility for the administration of specified childcare and development services programs from the State Department of Education to the State Department of Social Services. Existing law requires statutory references to the Superintendent of Public Instruction, for purposes of the programs transferred to the State Department of Social Services on July 1, 2021, to instead be construed to mean the State Department of Social Services. 



This bill would state the intent of the Legislature to enact legislation relating to Californias childcare system.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 8647.6 is added to the Government Code, to read:8647.6. The Department of Social Services shall, in consultation with the Office of Emergency Services and childcare stakeholders, including, but not limited to, individual childcare providers, county childcare resource and referral agencies, childcare centers and childcare homes representatives, childcare center associations, and family childcare associations, establish guidelines regarding the use, by licensed and license-exempt childcare providers, of funds provided to the state by the federal government, including, but not limited to, Federal Emergency Management Agency (FEMA) funds in response to a disaster or emergency, including but not limited to COVID-19, after the Governor has declared a disaster, state of emergency, or statewide state of emergency. The guidelines shall specify, subject to any limitations imposed on the use of funds by FEMA or federal law, how funds provided by the federal government or FEMA will be allocated to licensed and license-exempt childcare providers, the timeline at which the funds will be distributed to licensed and license-exempt childcare providers, and any use for which the funds may be used, including for staying open or for reopening a childcare program during or after the declaration, to the extent permissible under federal and state law.SECTION 1.It is the intent of the Legislature to enact legislation relating to Californias childcare system.

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

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

SECTION 1. Section 8647.6 is added to the Government Code, to read:8647.6. The Department of Social Services shall, in consultation with the Office of Emergency Services and childcare stakeholders, including, but not limited to, individual childcare providers, county childcare resource and referral agencies, childcare centers and childcare homes representatives, childcare center associations, and family childcare associations, establish guidelines regarding the use, by licensed and license-exempt childcare providers, of funds provided to the state by the federal government, including, but not limited to, Federal Emergency Management Agency (FEMA) funds in response to a disaster or emergency, including but not limited to COVID-19, after the Governor has declared a disaster, state of emergency, or statewide state of emergency. The guidelines shall specify, subject to any limitations imposed on the use of funds by FEMA or federal law, how funds provided by the federal government or FEMA will be allocated to licensed and license-exempt childcare providers, the timeline at which the funds will be distributed to licensed and license-exempt childcare providers, and any use for which the funds may be used, including for staying open or for reopening a childcare program during or after the declaration, to the extent permissible under federal and state law.

SECTION 1. Section 8647.6 is added to the Government Code, to read:

### SECTION 1.

8647.6. The Department of Social Services shall, in consultation with the Office of Emergency Services and childcare stakeholders, including, but not limited to, individual childcare providers, county childcare resource and referral agencies, childcare centers and childcare homes representatives, childcare center associations, and family childcare associations, establish guidelines regarding the use, by licensed and license-exempt childcare providers, of funds provided to the state by the federal government, including, but not limited to, Federal Emergency Management Agency (FEMA) funds in response to a disaster or emergency, including but not limited to COVID-19, after the Governor has declared a disaster, state of emergency, or statewide state of emergency. The guidelines shall specify, subject to any limitations imposed on the use of funds by FEMA or federal law, how funds provided by the federal government or FEMA will be allocated to licensed and license-exempt childcare providers, the timeline at which the funds will be distributed to licensed and license-exempt childcare providers, and any use for which the funds may be used, including for staying open or for reopening a childcare program during or after the declaration, to the extent permissible under federal and state law.

8647.6. The Department of Social Services shall, in consultation with the Office of Emergency Services and childcare stakeholders, including, but not limited to, individual childcare providers, county childcare resource and referral agencies, childcare centers and childcare homes representatives, childcare center associations, and family childcare associations, establish guidelines regarding the use, by licensed and license-exempt childcare providers, of funds provided to the state by the federal government, including, but not limited to, Federal Emergency Management Agency (FEMA) funds in response to a disaster or emergency, including but not limited to COVID-19, after the Governor has declared a disaster, state of emergency, or statewide state of emergency. The guidelines shall specify, subject to any limitations imposed on the use of funds by FEMA or federal law, how funds provided by the federal government or FEMA will be allocated to licensed and license-exempt childcare providers, the timeline at which the funds will be distributed to licensed and license-exempt childcare providers, and any use for which the funds may be used, including for staying open or for reopening a childcare program during or after the declaration, to the extent permissible under federal and state law.

8647.6. The Department of Social Services shall, in consultation with the Office of Emergency Services and childcare stakeholders, including, but not limited to, individual childcare providers, county childcare resource and referral agencies, childcare centers and childcare homes representatives, childcare center associations, and family childcare associations, establish guidelines regarding the use, by licensed and license-exempt childcare providers, of funds provided to the state by the federal government, including, but not limited to, Federal Emergency Management Agency (FEMA) funds in response to a disaster or emergency, including but not limited to COVID-19, after the Governor has declared a disaster, state of emergency, or statewide state of emergency. The guidelines shall specify, subject to any limitations imposed on the use of funds by FEMA or federal law, how funds provided by the federal government or FEMA will be allocated to licensed and license-exempt childcare providers, the timeline at which the funds will be distributed to licensed and license-exempt childcare providers, and any use for which the funds may be used, including for staying open or for reopening a childcare program during or after the declaration, to the extent permissible under federal and state law.



8647.6. The Department of Social Services shall, in consultation with the Office of Emergency Services and childcare stakeholders, including, but not limited to, individual childcare providers, county childcare resource and referral agencies, childcare centers and childcare homes representatives, childcare center associations, and family childcare associations, establish guidelines regarding the use, by licensed and license-exempt childcare providers, of funds provided to the state by the federal government, including, but not limited to, Federal Emergency Management Agency (FEMA) funds in response to a disaster or emergency, including but not limited to COVID-19, after the Governor has declared a disaster, state of emergency, or statewide state of emergency. The guidelines shall specify, subject to any limitations imposed on the use of funds by FEMA or federal law, how funds provided by the federal government or FEMA will be allocated to licensed and license-exempt childcare providers, the timeline at which the funds will be distributed to licensed and license-exempt childcare providers, and any use for which the funds may be used, including for staying open or for reopening a childcare program during or after the declaration, to the extent permissible under federal and state law.



It is the intent of the Legislature to enact legislation relating to Californias childcare system.