Bill Summary – FastDemocracy

Enrolled Copy                                                                          H.B. 15
                                  CHILD CARE AMENDMENTS
                                          2022 GENERAL SESSION
                                              STATE OF UTAH
                                 Chief Sponsor: Susan Pulsipher
                                   Senate Sponsor: Ann Millner
 Cosponsors:                              Karianne Lisonbee Christine F. Watkins
 Cheryl K. Acton Jefferson Moss Mike Winder
 Melissa G. Ballard Candice B. Pierucci
 Kera Birkeland Judy Weeks Rohner Marsha Judkins
10
 LONG TITLE
 General Description:
        This bill modifies provisions related to child care.
 Highlighted Provisions:
        This bill:
        < modifies definitions applicable to the Department of Health's licensing and
 certification of child care providers;
        < clarifies the Department of Health's authority over municipalities and counties to
 regulate licensed and certified child care programs;
        < allows a community reinvestment agency to use the agency's housing allocation to
 pay for the expansion of child care facilities within the agency's boundaries;
        < requires the Department of Health to make rules allowing licensed and certified
 child care providers to provide after school care for a reasonable number of children
 in excess of capacity limits;
        < increases the number of children that a residential child care provider may care for
 without a certificate from the Department of Health;
        < removes limitations on the number of children under two years old that a certified
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 residential child care provider may care for;
        < establishes a limit on the total number of children that a person may care for in the
 person's home without a license or certificate from the Department of Health,
 regardless of whether a child is related;
        < requires the Office of Child Care to provide grants to certain child care providers
 from COVID-19 relief funds;
        < requires the Office of Child Care to report information about the office's
 expenditure of COVID-19 relief funds on an annual basis;
        < requires a proposal for a housing and transportation reinvestment zone to promote
 the objective of increasing access to child care; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        17C-1-412, as last amended by Laws of Utah 2020, Chapter 241
        26-39-102, as last amended by Laws of Utah 2015, Chapter 220
        26-39-301, as last amended by Laws of Utah 2018, Chapter 58
        26-39-401, as renumbered and amended by Laws of Utah 2008, Chapter 111
        26-39-402, as last amended by Laws of Utah 2018, Chapter 415
        26-39-403, as last amended by Laws of Utah 2017, Chapter 366
        63I-2-235, as last amended by Laws of Utah 2021, Chapter 318
        63N-3-603, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
 ENACTS:
        10-8-84.6, Utah Code Annotated 1953
        17-50-339, Utah Code Annotated 1953
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        35A-3-212, Utah Code Annotated 1953
57
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 10-8-84.6 is enacted to read:
        10-8-84.6. Prohibition on licensing or certification of child care programs.
        (1) (a) As used in this section, "child care program" means a child care facility or
 program operated by a person who holds a license or certificate from the Department of Health
 under Title 26, Chapter 39, Utah Child Care Licensing Act.
        (b) "Child care program" does not include a child care program for which a
 municipality provides oversight, as described in Subsection 26-39-403(2)(e).
        (2) A municipality may not enact or enforce an ordinance that:
        (a) imposes licensing or certification requirements for a child care program; or
        (b) governs the manner in which child care is provided in a child care program.
        (3) This section does not prohibit a municipality from:
        (a) requiring a business license to operate a business within the municipality; or
        (b) imposing requirements related to building, health, and fire codes.
        Section 2. Section 17-50-339 is enacted to read:
        17-50-339. Prohibition on licensing or certification of child care programs.
        (1) (a) As used in this section, "child care program" means a child care facility or
 program operated by a person who holds a license or certificate from the Department of Health
 under Title 26, Chapter 39, Utah Child Care Licensing Act.
        (b) "Child care program" does not include a child care program for which a county
 provides oversight, as described in Subsection 26-39-403(2)(e).
        (2) A county may not enact or enforce an ordinance that:
        (a) imposes licensing or certification requirements for a child care program; or
        (b) governs the manner in which care is provided in a child care program.
        (3) This section does not prohibit a county from:
        (a) requiring a business license to operate a business within the county; or
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         (b) imposing requirements related to building, health, and fire codes.
         Section 3. Section 17C-1-412 is amended to read:
         17C-1-412. Use of housing allocation -- Separate accounting required -- Issuance
 of bonds for housing -- Action to compel agency to provide housing allocation.
         (1) (a) An agency shall use the agency's housing allocation to:
         (i) pay part or all of the cost of land or construction of income targeted housing within
 the boundary of the agency, if practicable in a mixed income development or area;
         (ii) pay part or all of the cost of rehabilitation of income targeted housing within the
 boundary of the agency;
         (iii) lend, grant, or contribute money to a person, public entity, housing authority,
 private entity or business, or nonprofit corporation for income targeted housing within the
 boundary of the agency;
         (iv) plan or otherwise promote income targeted housing within the boundary of the
 agency;
         (v) pay part or all of the cost of land or installation, construction, or rehabilitation of
 any building, facility, structure, or other housing improvement, including infrastructure
 improvements, related to housing located in a project area where a board has determined that a
 development impediment exists;
         (vi) replace housing units lost as a result of the project area development;
         (vii) make payments on or establish a reserve fund for bonds:
         (A) issued by the agency, the community, or the housing authority that provides
 income targeted housing within the community; and
         (B) all or part of the proceeds of which are used within the community for the purposes
 stated in Subsection (1)(a)(i), (ii), (iii), (iv), (v), or (vi);
         (viii) if the community's fair share ratio at the time of the first adoption of the project
 area budget is at least 1.1 to 1.0, make payments on bonds:
         (A) that were previously issued by the agency, the community, or the housing authority
 that provides income targeted housing within the community; and
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         (B) all or part of the proceeds of which were used within the community for the
 purposes stated in Subsection (1)(a)(i), (ii), (iii), (iv), (v), or (vi);
         (ix) relocate mobile home park residents displaced by project area development;
         (x) subject to Subsection (7), transfer funds to a community that created the agency; or
         (xi) pay for or make a contribution toward the acquisition, construction, or
 rehabilitation of housing that:
         (A) is located in the same county as the agency;
         (B) is owned in whole or in part by, or is dedicated to supporting, a public nonprofit
 college or university; and
         (C) only students of the relevant college or university, including the students'
 immediate families, occupy.
         (b) As an alternative to the requirements of Subsection (1)(a), an agency may pay all or
 any portion of the agency's housing allocation to:
         (i) the community for use as described in Subsection (1)(a);
         (ii) a housing authority that provides income targeted housing within the community
 for use in providing income targeted housing within the community;
         (iii) a housing authority established by the county in which the agency is located for
 providing:
         (A) income targeted housing within the county;
         (B) permanent housing, permanent supportive housing, or a transitional facility, as
 defined in Section 35A-5-302, within the county; or
         (C) homeless assistance within the county;
         (iv) the Olene Walker Housing Loan Fund, established under Title 35A, Chapter 8,
 Part 5, Olene Walker Housing Loan Fund, for use in providing income targeted housing within
 the community; [or]
         (v) pay for or make a contribution toward the acquisition, construction, or
 rehabilitation of income targeted housing that is outside of the community if the housing is
 located along or near a major transit investment corridor that services the community and the
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        H.B. 15                                                                        Enrolled Copy
 related project has been approved by the community in which the housing is or will be
 located[.]; or
         (vi) pay for or make a contribution toward the expansion of child care facilities within
 the boundary of the agency, provided that any recipient of funds from the agency's housing
 allocation reports annually to the agency on how the funds were used.
         (2) (a) An agency may combine all or any portion of the agency's housing allocation
 with all or any portion of one or more additional agency's housing allocations if the agencies
 execute an interlocal agreement in accordance with Title 11, Chapter 13, Interlocal Cooperation
 Act.
         (b) An agency that has entered into an interlocal agreement as described in Subsection
 (2)(a), meets the requirements of Subsection (1)(a) or (1)(b) if the use of the housing allocation
 meets the requirements for at least one agency that is a party to the interlocal agreement.
         (3) The agency shall create a housing fund and separately account for the agency's
 housing allocation, together with all interest earned by the housing allocation and all payments
 or repayments for loans, advances, or grants from the housing allocation.
         (4) An agency may:
         (a) issue bonds to finance a housing-related project under this section, including the
 payment of principal and interest upon advances for surveys and plans or preliminary loans;
 and
         (b) issue refunding bonds for the payment or retirement of bonds under Subsection
 (4)(a) previously issued by the agency.
         (5) (a) Except as provided in Subsection (5)(b), an agency shall allocate money to the
 housing fund each year in which the agency receives sufficient tax increment to make a
 housing allocation required by the project area budget.
         (b) Subsection (5)(a) does not apply in a year in which tax increment is insufficient.
         (6) (a) Except as provided in Subsection (5)(b), if an agency fails to provide a housing
 allocation in accordance with the project area budget and the housing plan adopted under
 Subsection 17C-2-204(2), the loan fund board may bring legal action to compel the agency to
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        Enrolled Copy                                                                           H.B. 15
 provide the housing allocation.
        (b) In an action under Subsection (6)(a), the court:
        (i) shall award the loan fund board reasonable attorney fees, unless the court finds that
 the action was frivolous; and
        (ii) may not award the agency the agency's attorney fees, unless the court finds that the
 action was frivolous.
        (7) For the purpose of offsetting the community's annual local contribution to the
 Homeless Shelter Cities Mitigation Restricted Account, the total amount an agency transfers in
 a calendar year to a community under Subsections (1)(a)(x), 17C-1-409(1)(a)(v), and
 17C-1-411(1)(d) may not exceed the community's annual local contribution as defined in
 Section 35A-8-606.
        Section 4. Section 26-39-102 is amended to read:
        26-39-102. Definitions.
        As used in this chapter:
        (1) "Advisory committee" means the Residential Child Care Licensing Advisory
 Committee, created in Section 26-1-7.
        (2) "Capacity limit" means the maximum number of qualifying children that a
 regulated provider may care for at any given time, in accordance with rules made by the
 department.
        [(2)] (3) (a) "Center based child care" means[, except as provided in Subsection (2)(b),
 a child care program licensed under this chapter] child care provided in a facility or program
 that is not the home of the provider.
        (b) "Center based child care" does not include:
        (i) [a] residential child care [provider certified under Section 26-39-402]; or
        (ii) care provided in a facility or program exempt under Section 26-39-403.
        (4) "Certified provider" means a person who holds a certificate from the department
 under Section 26-39-402.
        [(3)] (5) "Child care" means continuous care and supervision of [five or more] a
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        H.B. 15                                                                           Enrolled Copy
 qualifying [children] child, that is:
         (a) in lieu of care ordinarily provided by a parent in the parent's home;
         (b) for less than 24 hours a day; and
         (c) for direct or indirect compensation.
         [(4)] (6) "Child care program" means a child care facility or program operated by a
 [person who holds a license or certificate issued in accordance with this chapter] regulated
 provider.
         [(5)] (7) "Exempt provider" means a person who provides care described in Subsection
 26-39-403(2).
         (8) "Licensed provider" means a person who holds a license from the department under
 Section 26-39-401.
         [(6)] (9) "Licensing committee" means the Child Care Center Licensing Committee
 created in Section 26-1-7.
         [(7)] (10) "Public school" means:
         (a) a school, including a charter school, that:
         (i) is directly funded at public expense; and
         (ii) provides education to qualifying children for any grade from first grade through
 twelfth grade; or
         (b) a school, including a charter school, that provides:
         (i) preschool or kindergarten to qualifying children, regardless of whether the preschool
 or kindergarten is funded at public expense; and
         (ii) education to qualifying children for any grade from first grade through twelfth
 grade, if each grade, from first grade to twelfth grade, that is provided at the school, is directly
 funded at public expense.
         [(8)] (11) "Qualifying child" means an individual who is:
         (a) (i) under the age of 13; or
         (ii) under the age of 18, if the person has a disability; and
         (b) a child of:
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            (i) a person other than the person providing care to the child;
            (ii) a [licensed or certified residential child care] regulated provider, if the child is
 under the age of four; or
            (iii) an employee or owner of a licensed child care center, if the child is under the age
 of four.
            (12) "Regulated provider" means a licensed provider or certified provider.
            [(9)] (13) "Residential child care" means child care provided in the home of [a] the
 provider.
            Section 5. Section 26-39-301 is amended to read:
            26-39-301. Duties of the department -- Enforcement of chapter -- Licensing
 committee requirements.
            (1) With regard to residential child care licensed or certified under this chapter, the
 department may:
            (a) make and enforce rules to implement this chapter and, as necessary to protect
 qualifying children's common needs for a safe and healthy environment, to provide for:
            (i) adequate facilities and equipment; and
            (ii) competent caregivers, considering the age of the c