General plan elements: childcare., the official text

An act to add Section 65302.03 to the Government Code, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST

The Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a land use, circulation, housing, safety, and environmental justice element. Existing law requires a city or county to update its general plan elements subject to certain criteria and timelines.
This bill would require a city, county, or city and county, no later than January 1, 2033, to prepare and adopt a childcare plan or integrate a childcare plan into the next adoption of the city, county, or city and county’s general plan to address the childcare needs of the jurisdiction, as specified.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Childcare access and infrastructure are a critical need, and every family should have access to quality, convenient, safe, and affordable childcare.
(b) To address the state’s childcare crisis, all levels of government must be involved and prioritize planning for their communities’ childcare needs.
(c) Integrating the childcare needs of those who live and work in the jurisdiction into a city’s or county’s planning processes is a promising strategy to promote greater consistency and consideration of childcare in earlier stages of local planning processes, while preserving local discretion.
(d) Including childcare in emergency preparedness and disaster planning is also critical to ensure the unique needs of this vulnerable population are met before, during, and after disasters, supporting community resilience, economic recovery, and child safety.

SEC. 2.
Section 65302.03 is added to the Government Code, to read:
65302.03.
(a) For purposes of this section, the following definitions apply:
(1) “Childcare” means license-exempt childcare, childcare and development services, and childcare and development programs, for children up to 13 years of age, including children with exceptional needs and children from all linguistic and cultural backgrounds.
(2) “Childcare plan” means a plan developed by a city, county, or city and county to address the childcare needs of the jurisdiction.
(3) “Childcare and development programs” has the same meaning as defined in Section 10213.5 of the Welfare and Institutions Code.
(4) “Childcare and development services” has the same meaning as defined in Section 10213.5 of the Welfare and Institutions Code.
(5) “License-exempt childcare” has the same meaning as described in Section 1596.792 of the Health and Safety Code, as it relates to childcare.
(b) No later than January 1, 2033, each city, county, or city and county shall prepare and adopt a childcare plan or integrate a child care plan into the next adoption of the city, county, or city and county’s general plan to address the childcare needs of the jurisdiction.
(c) If a city, county, or city and county has already adopted a similar childcare plan in its general plan or apart from the general plan, that meets the requirements of this section, the city, county, or city and county may designate that childcare plan to comply with this section.

SEC. 3.
The Legislature finds and declares that ensuring that all cities and counties adequately plan for childcare needs within their jurisdiction is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Section 65302.03 to the Government Code applies to all cities, including charter cities.

SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.