SENATE BILL 5408
State of Washington 52nd Legislature 1991 Regular Session
By Senators L. Kreidler, Murray, Pelz, Skratek, A. Smith, Rinehart, Vognild, Madsen, Williams, Bauer, McMullen, Gaspard, Wojahn and Rasmussen.
Read first time January 30, 1991. Referred to Committee on Commerce & Labor.
AN ACT Relating to employer-assisted child and family care; amending RCW 74.13.0901, 74.13.0902, 43.31.085, 43.31.512, 74.13.0903, and 82.02.020; adding a new section to chapter 74.13 RCW; adding a new section to chapter 82.02 RCW; creating new sections; and making appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
CHILD AND FAMILY CARE PARTNERSHIP
NEW SECTION. Sec. 1. The legislature finds that efforts by Washington state to encourage employers' involvement in meeting their employees' child care needs represent an effective and successful public-private partnership. The legislature further finds that employees' caregiving responsibilities include care of adult family members who are unable to care for themselves, as well as children, and that employer support of all of an employee's caregiving responsibilities can result in higher productivity, reduced absenteeism, and higher employee retention rates. It is the intent of the legislature to build upon the successful efforts of the child care partnership and the child care facility fund and to increase the effectiveness of these programs. It is also the legislature's intent to have new growth and development pay a fair share of the cost of additional child care facilities and services needed as a result of the new development.
Sec. 2. RCW 74.13.0901 and 1989 c 381 s 4 are each amended to read as follows:
The child and family care partnership is established as a subcommittee of the child care coordinating committee to increase employer assistance and involvement in child and family care, and to foster cooperation between business and government to improve the availability, quality, and affordability of child and family care services in the state.
The partnership shall have ((
nine)) eleven members (( who may
be drawn from the membership of the child care coordinating committee)).
The secretary of the department of social and health services shall appoint the
partnership members, who shall include:
(a) At least two members representing labor organizations;
least one member representing each of the following: Businesses with one
through fifty employees, businesses with fifty-one through two hundred
employees, and businesses with more than two hundred employees; ((
(c) At least one representative of local child care resource and referral organizations;
(d) At least one representative of organizations that provide adult day care services to adults who are unable to care for themselves; and
(e) At least one representative of persons with disabilities.
(2) The partnership shall follow the same policies and procedures adopted by the child care coordinating committee, and members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(3) To the extent possible within available funds, the partnership shall:
(a) Review and propose statutory and administrative changes to encourage employer involvement in child and family care and partnerships between employers and the public sector to increase the quantity, quality, and affordability of child and family care services and facilities in this state;
Review public and private child and family care programs with the
purpose of enhancing communications and coordination among business, labor,
public agencies, ((
and)) child care providers, and long-term care
providers in order to encourage employers to develop and implement child and
family care services for their employees;
(c) Evaluate alternative employer-assisted child care service systems, in the context of the policies set forth in RCW 74.13.085, and recommend to the legislature and local governments ways to encourage and enhance employer-assisted child care services in the state, including statutory and administrative changes;
Evaluate the impact of workplace personnel practices and policies, including
flexible work schedules, on the ability of ((
to access or provide care for their children and adult family members who
are unable to care for themselves, and make recommendations to employers
and the legislature in this regard; and
the liability insurance issues related to the provision of employer-assisted
child care and report the findings and recommendations to the legislature; and (f))) Advise
and assist the employer liaison in the implementation of its duties under RCW
findings and recommendations of the partnership to the legislature shall be
incorporated into ((
the)) an annual report (( of the child care
coordinating committee required under RCW 74.13.090)) to appropriate
committees of the legislature by December 1 of each year.
Sec. 3. RCW 74.13.0902 and 1989 c 381 s 6 are each amended to read as follows:
Two employer liaison positions (( is)) are
established in the department of social and health services to be colocated at
the business assistance center established under RCW 43.31.083. The employer
liaisons shall, within appropriated funds:
(1) Staff and assist the child and family care partnership in the implementation of its duties under RCW 74.13.0901;
Provide technical assistance to employers regarding child and family
care services, working with and through ((
child care resource and referral organizations and long-term care
organizations whenever possible. Such technical assistance shall include
at a minimum:
(a) Assessing the child and family care needs of employees and prospective employees;
(b) Reviewing options available to employers interested in increasing access to child and family care for their employees;
(c) Developing techniques to permit small businesses to increase access to child and family care for their employees;
(d) Reviewing methods of evaluating the impact of child and family care activities on employers; and
(e) Preparing, collecting, and distributing current information for employers on options for increasing involvement in child and family care; and
Provide assistance to ((
local)) community-based child care
resource and referral organizations and long-term care organizations to
increase their capacity to provide quality technical assistance to employers in
Sec. 4. RCW 43.31.085 and 1989 c 430 s 2 are each amended to read as follows:
The business assistance center shall:
(1) Serve as the state's lead agency and advocate for the development and conservation of businesses.
(2) Coordinate the delivery of state programs to assist businesses.
(3) Provide comprehensive referral services to businesses requiring government assistance.
(4) Serve as the business ombudsman within state government and advise the governor and the legislature of the need for new legislation to improve the effectiveness of state programs to assist businesses.
(5) Aggressively promote business awareness of the state's business programs and distribute information on the services available to businesses.
(6) Develop, in concert with local economic development and business assistance organizations, coordinated processes that complement both state and local activities and services.
(7) The business assistance center shall work with other federal, state, and local agencies and organizations to ensure that business assistance services including small business, trade services, and distressed area programs are provided in a coordinated and cost-effective manner.
collaboration with the ((
child care coordinating committee in the department
of social and health services)) child and family care partnership
established pursuant to RCW 74.13.0901, prepare and disseminate information
on child and family care options for employers and the existence of the
program. As much as possible, and through interagency agreements where
necessary, such information should be included in the routine communications to
employers from (a) the department of revenue, (b) the department of labor and
industries, (c) the department of community development, (d) the employment
security department, (e) the department of trade and economic development, (f)
the small business development center, and (g) the department of social and
collaboration with the ((
child care coordinating committee in the department
of social and health services)) child and family care partnership established
pursuant to RCW 74.13.0901, compile information on and facilitate employer
access to individuals, firms, organizations, and agencies that provide
technical assistance to employers to enable them to develop and support child and
family care services or facilities.
(10) Actively seek public and private money to support the child care facility fund described in RCW 43.31.502, staff and assist the child care facility fund committee as described in RCW 43.31.504, and work to promote applications to the committee for loan guarantees, loans, and grants.
Sec. 5. RCW 43.31.512 and 1989 c 430 s 7 are each amended to read as follows:
child care facility fund committee shall award loan guarantees, loans or grants
to those persons, businesses, or organizations meeting the minimum standards
set forth in this chapter who will best serve the intent of the chapter to
increase the availability of high quality, affordable child care in Washington
state. The committee shall ((
promulgate)) adopt rules regarding
the application for and disbursement of loan guarantees, loans, or grants from
the fund, including loan terms and repayment procedures.
(1) At a minimum, such rules shall require an applicant to submit a plan which includes a detailed description of:
(a) The need for a new or improved child care facility in the area
served by the applicant;
(b) The steps the applicant will take to serve a reasonable number of
handicapped children, as (( defined)) described in chapter
72.40 RCW, sick children, infants, children requiring night time or weekend
care, or children whose costs of care are subsidized by government;
(c) Why financial assistance from the state is needed to start or
improve the child care facility;
(d) How the guaranteed loan, loan, or grant will be used, and how such
uses will meet the described need;
(e) The child care services to be available at the facility and the
capacity of the applicant to provide those services; and
(f) The financial status of the applicant, including other resources
available to the applicant which will ensure the continued viability of the
facility and the availability of its described services.
(2) Each employer applying for a loan guarantee, loan, or grant shall conduct, either directly or by contract, an assessment of its employees' child care needs. In determining whether to award a loan guarantee, loan, or grant to an employer applicant, the committee shall consider the extent to which the application reflects the results of the employer's child care needs assessment.
(3) Recipients shall annually for two years following the receipt of the loan guarantee, loan, or grant, submit to the child care facility fund committee a report on the facility and how it is meeting the child care needs for which it was intended.
CHILD CARE RESOURCE AND REFERRAL
NEW SECTION. Sec. 6. The legislature recognizes that an integrated child care services system is needed to ensure that planning and coordination of child care services occurs and that linkages between employers, consumers, and child care providers are established. The legislature finds that establishment of the office of the child care resources coordinator, the child care coordinating committee, and the child care partnership are first steps toward achieving an integrated child care system. Additional steps, including the support of existing community-based child care resource and referral programs, and the development of new child care resource and referral programs, must be taken to help parents obtain appropriate child care for their children, increase the supply of child care services and coordination with employers, and improve the quality of child care services through training and support of child care providers.
The legislature intends that child care resource and referral services be provided in collaboration with local communities, employers, consumers, and state and federal agencies.
NEW SECTION. Sec. 7. A new section is added to chapter 74.13 RCW to read as follows:
(1) Persons or organizations may apply for funding to establish or operate a community-based child care resource and referral program through the office of the child care resources coordinator. In evaluating applications for funding, the coordinator shall consider the applicant's ability to offer, or make progress towards offering, the activities provided in subsection (2) of this section. The coordinator shall also consider the number of children under age twelve in the geographic area that will be served by the program when determining the level of funding for the program.
(2) Community-based child care resource and referral programs shall develop a service plan that includes the following components:
(a) Provide parents with information regarding child care, including but not limited to the location of child care services, information regarding child care licensing requirements, how to choose quality child care services, and the availability of funds to subsidize child care costs;
(b) Participate with other community agencies or organizations in the provision of parent support services, such as parent education classes and information on community services available to families;
(c) Provide support to child care providers, such as: Information regarding training opportunities, development of appropriate training as needed, resource libraries, toy lending libraries, meeting space, information regarding the operation of child care as a small business, and liaison with department child care licensors;
(d) Recruit licensed child care providers, emphasizing geographic or program areas that have an inadequate supply of child care services;
(e) In cooperation with the child care partnership established under this chapter, provide technical assistance to employers regarding employee child care benefits;
(f) Directly or through a coalition of child care resource and referral programs, provide information to local and state policy makers regarding child care supply and demand, and advocate for increased public and private sector resources for child care services; and
(g) Coordinate a local response to the demand for quality child care services, and participate in coordinated efforts for delivery of services to families.
(3) Twenty-five percent of the funding for community-based child care resource and referral agencies under this section shall be community matching funds provided by private or public entities in the community served by the program requesting funding. Contributions of materials, supplies, or physical facilities may be considered as all or part of the matching funds provided.
Sec. 8. RCW 74.13.0903 and 1989 c 381 s 5 are each amended to read as follows:
The office of the child care resources coordinator is established to operate under the authority of the department of social and health services. The office shall, within appropriated funds:
(1) Staff and assist the child care coordinating committee in the implementation of its duties under RCW 74.13.090;
Work with local governments, nonprofit organizations, businesses, and community
child care advocates to create local child care resource and referral
. These organizations may carry out needs assessments,
resource development, provider training, technical assistance, and parent
information and training));
Actively seek public and private money for distribution as grants to potential
or existing ((
local)) community-based child care resource and
referral (( organizations. No grant shall be distributed that is greater
than twenty‑five thousand dollars)) programs as provided in
section 7 of this act;
rules regarding the application for and distribution of grants to local child
care resource and referral organizations. The rules shall, at a minimum,
require an applicant to submit a plan for achieving the following objectives: (a)
Provide parents with information about child care resources, including location
of services and subsidies; (b)
Carry out child care provider recruitment and training programs; (c)
Offer support services, such as parent and provider seminars, toy‑lending
libraries, and substitute banks; (d)
Provide information for businesses regarding child care supply and demand; (e)
Advocate for increased public and private sector resources devoted to child
care; and (f)
Provide technical assistance to employers regarding employee child care
services; (5))) Provide
staff support and technical assistance to local child care resource and
Organize the local child care resource and referral organizations into a state‑wide
system; (7))) (5)
Maintain a state‑wide (( child care referral)) data bank of
licensed providers and work with department of social and health services
licensors to provide information to (( local)) community-based
child care resource and referral organizations about licensed child care providers
in the state;
(6) Through local resource and referral organizations, compile data
about local child care needs and availability for future planning and
(7) Coordinate the provision of training and technical assistance to
child care providers; and
(8) Collect and assemble information regarding the availability of
insurance and of federal and other child care funding to assist state and local
agencies, businesses, and other child care providers in offering child care
CHILD CARE IMPACT FEES
Sec. 9. RCW 82.02.020 and 1990 1st ex.s. c 17 s 42 are each amended to read as follows:
Except only as expressly provided in RCW 67.28.180 and 67.28.190 and the provisions of chapter 82.14 RCW, the state preempts the field of imposing taxes upon retail sales of tangible personal property, the use of tangible personal property, parimutuel wagering authorized pursuant to RCW 67.16.060, conveyances, and cigarettes, and no county, town, or other municipal subdivision shall have the right to impose taxes of that nature. Except as provided in RCW 82.02.050 through 82.02.090 and section 10 of this act, no county, city, town, or other municipal corporation shall impose any tax, fee, or charge, either direct or indirect, on the construction or reconstruction of residential buildings, commercial buildings, industrial buildings, or on any other building or building space or appurtenance thereto, or on the development, subdivision, classification, or reclassification of land. However, this section does not preclude dedications of land or easements within the proposed development or plat which the county, city, town, or other municipal corporation can demonstrate are reasonably necessary as a direct result of the proposed development or plat to which the dedication of land or easement is to apply.
This section does not prohibit voluntary agreements with counties, cities, towns, or other municipal corporations that allow a payment in lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, subdivision, or plat. A local government shall not use such voluntary agreements for local off-site transportation improvements within the geographic boundaries of the area or areas covered by an adopted transportation program authorized by chapter 39.92 RCW. Any such voluntary agreement is subject to the following provisions:
(1) The payment shall be held in a reserve account and may only be expended to fund a capital improvement agreed upon by the parties to mitigate the identified, direct impact;
(2) The payment shall be expended in all cases within five years of collection; and
(3) Any payment not so expended shall be refunded with interest at the rate applied to judgments to the property owners of record at the time of the refund; however, if the payment is not expended within five years due to delay attributable to the developer, the payment shall be refunded without interest.
No county, city, town, or other municipal corporation shall require any payment as part of such a voluntary agreement which the county, city, town, or other municipal corporation cannot establish is reasonably necessary as a direct result of the proposed development or plat.
Nothing in this section prohibits cities, towns, counties, or other municipal corporations from collecting reasonable fees from an applicant for a permit or other governmental approval to cover the cost to the city, town, county, or other municipal corporation of processing applications, inspecting and reviewing plans, or preparing detailed statements required by chapter 43.21C RCW.
This section does not limit the existing authority of any county, city, town, or other municipal corporation to impose special assessments on property specifically benefitted thereby in the manner prescribed by law.
Nothing in this section prohibits counties, cities, or towns from imposing or permits counties, cities, or towns to impose water, sewer, natural gas, drainage utility, and drainage system charges: PROVIDED, That no such charge shall exceed the proportionate share of such utility or system's capital costs which the county, city, or town can demonstrate are attributable to the property being charged: PROVIDED FURTHER, That these provisions shall not be interpreted to expand or contract any existing authority of counties, cities, or towns to impose such charges.
Nothing in this section prohibits a transportation benefit district from imposing fees or charges authorized in RCW 36.73.120 nor prohibits the legislative authority of a county, city, or town from approving the imposition of such fees within a transportation benefit district.
Nothing in this section prohibits counties, cities, or towns from imposing transportation impact fees authorized pursuant to chapter 39.92 RCW.
Nothing in this section prohibits counties, cities, or towns from requiring property owners to provide relocation assistance to tenants under RCW 59.18.440 and 59.18.450.
This section does not apply to special purpose districts formed and acting pursuant to Titles 54, 56, 57, or 87 RCW, nor is the authority conferred by these titles affected.
NEW SECTION. Sec. 10. A new section is added to chapter 82.02 RCW to read as follows:
(1) The legislature finds that it is an important public purpose to promote the availability of quality and affordable child care. Affordable and quality child care is important for the well-being of children of working parents, for the stability of the family and the work force, and for economic prosperity. The legislature also finds that new development in communities experiencing rapid growth causes a need for additional community child care facilities and services that cannot be absorbed by existing facilities or services. It is the intent of the legislature that:
(a) Counties, cities, and towns may require, by ordinance, that new growth and development pay a proportionate share of the cost of new child care facilities and services needed as a result of the new development; and
(b) Impact fees for child care facilities and services are imposed through established procedures and criteria so that specific developments do not pay arbitrary fees or duplicate fees for the same impact.
(2) Counties, cities, and towns that are required or choose to plan under RCW 36.70A.040 are authorized to impose impact fees on development activity. The impact fees:
(a) Are only imposed after a finding by the county, city, or town that a shortage of adequate child care facilities and services exist;
(b) Are only imposed after the county, city, or town has adopted, by resolution, a child care plan that addresses the forecasted needs for child care facilities and services, how the needs will be met, and how the needed child care facilities and services are financed through a balance of public and private sources; and
(c) Are only imposed for child care facilities and services that are reasonably related to new development, that do not exceed a proportionate share of the costs of the child care facilities and services, and that are used only for child care facilities and services that will reasonably benefit the new development.
(3) The impact fee ordinance by which impact fees are imposed for child care facilities or services shall:
(a) Include a schedule of fees that is based on a formula or other method to ensure that the fees are reasonable and comply with subsection (2)(c) of this section;
(b) Provide for credit for child care facilities or services provided by the developer;
(c) Allow the county, city, or town to adjust the standard impact fee imposed under this section to consider unusual circumstances in specific cases to ensure that the impact fees are imposed fairly; and
(d) Provide for a refund procedure if the county, city, or town fails to expend or encumber the impact fees within six years of when the fee is collected from the developer or if the developer does not proceed with the development and no impact has resulted.
(4) Impact fees collected under this section are deposited in a child care fund. The moneys deposited in the fund are used solely to increase the supply of child care facilities and services in the county, city, or town.
(5) The county, city, or town shall establish an advisory committee to evaluate the impact fee schedule, to advise the county, city, or town on the administration of the impact fee ordinance, and to make recommendations periodically to the county, city, or town regarding improving the impact fee process. The advisory committee shall be representative of public officials, developers, and child care providers.
NEW SECTION. Sec. 11. The sum of seventy-five thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the department of social and health services for the purpose of establishing an additional employer liaison position as provided in section 3 of this act.
NEW SECTION. Sec. 12. The sum of one million six hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, of which eight hundred thousand dollars shall come from the general fund and eight hundred thousand dollars shall be matched by federal child care and development block grant funds to the department of social and health services for the purposes of this act.
NEW SECTION. Sec. 13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.