Bill Text: CA AB222 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Child care.

Spectrum: Bipartisan Bill

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State - Chapter 431, Statutes of 2010. [AB222 Detail]

Download: California-2009-AB222-Amended.html

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BILL NUMBER: AB 222	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 20, 2010
	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  JULY 8, 2009
	AMENDED IN ASSEMBLY  MAY 28, 2009
	AMENDED IN ASSEMBLY  MAY 5, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly  Members   Adams
    and Ma   Member
  Adams 
    (   Principal coauthor:   Senator 
 DeSaulnier   ) 
    (   Coauthors:  
Assembly Members   Blakeslee,  
  Conway,    
Emmerson,     Fletcher, 
   Fuentes,   
 Galgiani,     Gilmore,
    Knight,  
  Mendoza,    
Smyth,     and Torrico 
 ) 
    (   Coauthors:  
Senators   Benoit   
 and Calderon   ) 

                        FEBRUARY 4, 2009

    An act to amend Sections 40194 and 40201 of, to add
Section 40103 to, and to repeal Section 40117 of, the Public
Resources Code, relating to solid waste.   An act to
amend Sections 1596.616 and 1596.656 of the Health and Safety Code,
relating to child care, and making an appropriation therefor. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 222, as amended, Adams.  Solid waste: definitions.
  Child care.  
   Existing law requires the State Department of Social Services to
establish a trustline registry for trustline providers who met meet
prescribed requirements.  
   Existing law defines a trustline provider as a person 18 years of
age or older who provides child care, supervision, or any person
providing in-home educational or counseling services to a minor, and
who is not required to be licensed as a child day care provider.
 
   Existing law, commencing January 1, 2011, provides that a person
who provides care or supervision in an ancillary day care center, as
defined, shall be registered as a trustline provider, and
specifically defines a trustline provider as also meaning a person
who provides child care or child care supervision in an ancillary day
care center, other than the parent or guardian of the child
receiving the care.  
   This bill would, instead, require that, commencing January 1,
2011, a person 18 years of age or older who provides child care or
child care supervision in an ancillary day care center, be registered
as a trustline provider. It would specifically provide that nothing
in the trustline provider provisions shall be construed to prevent a
person under 18 years of age from being employed in an ancillary day
care center.  
   This bill would specify that a person is ineligible for employment
in a position providing child care or child care supervision in an
ancillary day care center if that person is denied trustline
registration or has his or her trustline registration revoked, as
prescribed. This bill would also permit an employee or prospective
employee in an ancillary day care center to work in a position
providing child care or child care supervision pending the department'
s review of his or her trustline application and any related. 

   Existing law authorizes the department to charge a fee to
trustline applicants, as specified. Under existing law, moneys
collected by the department to implement the trustline provisions are
continuously appropriated to the department without regard to fiscal
year for expenditure to implement the trustline provisions. Existing
law requires the department to charge a fee to each trustline
applicant who provides care in an ancillary day care center equal to
the total amount required by the department to process applications
and maintain the trustline registry for these providers.  
   This bill would, instead, require the department, in addition to
the fee charged to trustline applicants, to charge a trustline
applicant who provides child care or child care supervision in an
ancillary day care center the amount of $35, that may be adjusted
annually as prescribed, to cover the department's costs to process
applications and maintain the trustline registry for these providers.
By increasing the amount of money in a continuously appropriated
fund, this bill would make an appropriation.  
   The California Integrated Waste Management Act of 1989 defines
various terms, including "gasification," "solid waste facility," and
"transformation" for the purposes of the act.  
   This bill would repeal the term "gasification." The bill would
revise and recast the definition of "transformation" to exclude from
that definition, among other things, anaerobic digestion, as defined,
and to include in that definition solid waste conversion at a
biorefinery, as defined. The bill would revise the definition of
"solid waste" remove "gasification" from that definition. 
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1596.616 of the  
Health and Safety Code   is amended to read: 
   1596.616.   Notwithstanding Section 1596.61, the 
 The  department shall charge  a fee to 
each trustline applicant who provides  child  care  or
child care supervision  in an ancillary day care center,
 that is equal to the total amount required by the department
  in addition to the amount charged pursuant to Section
1596.61, the amount of thirty-five dollars ($35) to cover the
department's costs  to process applications and maintain the
trustline registry for these providers.  The department may
annually adjust the additional amount assessed under this section
pursuant to the consumer price index, but not to exceed the amount
necessary to cover the department's cost of implementing this chapter
for these providers. 
   SEC. 2.    Section 1596.656 of the   Health
and Safety Code   is amended to read: 
   1596.656.  (a) A person  18 years of age or older,  who
provides child care or child care supervision in an ancillary day
care center, as defined in Section 1596.60, shall be registered
pursuant to Sections 1596.603 and 1596.605.  Nothing in this
chapter shall be construed to prevent a person under 18 years of age
from being employed in an ancillary day care center.  
   (b) Notwithstanding any provision of law to the contrary, if a
person 18 years of age or older is denied trustline registration by
the department pursuant to Section 1596.605 or 1596.607, or if the
department revokes a person's trustline registration pursuant to
Section 1596.608, that person shall be ineligible for employment in a
position providing child care or child care supervision in an
ancillary day care center.  
   (c) If an existing employee providing child care or child care
supervision in an ancillary day care center, or a prospective
employee seeking employment in a position that provides child care or
child care supervision in an ancillary day care center, submits an
application to the department to become a registered trustline child
care provider, that existing or prospective employee shall be deemed
to be in compliance with the requirements of this section and
permitted to work in a position providing child care or child care
supervision pending the department's review of his or her trustline
application. The existing or prospective employee shall become
ineligible for employment providing child care or child care
supervision in an ancillary day care center if the department denies
his or her trustline application and any right to appeal the
department's denial has been exhausted or has expired.  

   (b) 
    (d)  This section shall become operative on January 1,
2011. 
  SECTION 1.    Section 40103 is added to the Public
Resources Code, to read:
   40103.  "Anaerobic digestion" means a process using the bacterial
breakdown of compostable organic material in a controlled environment
that meets other parameters as established by the department.
 
  SEC. 2.    Section 40117 of the Public Resources
Code is repealed.  
  SEC. 3.    Section 40194 of the Public Resources
Code is amended to read:
   40194.  "Solid waste facility" includes a solid waste transfer or
processing station, a composting facility, a transformation facility,
and a disposal facility. For purposes of Part 5 (commencing with
Section 45000), "solid waste facility" additionally includes a solid
waste operation that may be carried out pursuant to an enforcement
agency notification, as provided in regulations adopted by the
department.  
  SEC. 4.    Section 40201 of the Public Resources
Code is amended to read:
   40201.  "Transformation" means incineration, pyrolysis,
distillation, biological conversion other than composting and
anaerobic digestion, or the processing of solid waste at a
biorefinery. "Biorefinery" means a facility that utilizes
noninceration thermal, chemical, biological, or mechanical conversion
processes, other than composting and anaerobic digestion.
"Transformation" does not include composting, anaerobic digestion, or
biomass conversion.