California 2021-2022 Regular Session Status: Enacted

AB 82 — COVID-19 pandemic emergency: contact tracing: childcare.

Last action — Chaptered by Secretary of State - Chapter 6, Statutes of 2021.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 07, 2020. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) The Child Care and Development Services Act establishes a system of childcare and development services for children up to 13 years of age. Commencing July 1, 2021, existing law transfers specified childcare programs, responsibilities, services, and systems from the State Department of Education and the Superintendent of Public Instruction to the State Department of Social Services. Existing law provides that the Legislature finds and declares that the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116-136) Child Care and Development Block Grant supplemental payment awarded funds to California to address the impact of the COVID-19 pandemic on childcare providers and the families they serve, including to prevent, prepare for, and respond to the pandemic emergency, to provide assistance to childcare providers in the case of decreased enrollment or closures, and to provide childcare assistance to essential workers during the response to the pandemic. Existing law provides that it is the intent of the Legislature to allocate funds to restore amounts either directly or through reimbursement for obligations incurred relating to childcare and the pandemic. Existing law requires the Controller to transfer, on July 1, 2020, $152,314,000 from the Federal Trust Fund, and consistent with the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act Child Care and Development Block Grant supplemental payment requirements, to the General Fund to offset the state costs incurred in the 2019–20 fiscal year. For the 2020–2021 fiscal year, existing law appropriates $198,000,000 from the Federal Trust Fund to the Superintendent of Public Instruction for COVID-19 pandemic-related relief and assistance for childcare providers, the families those childcare providers serve, and essential workers, as prescribed. This bill would instead require $42,014,000 to be transferred on July 1, 2020, and would instead appropriate $308,000,000 for the 2020–2021 fiscal year thereby making an appropriation. Of the funds appropriated for the 2020–2021 fiscal year, the bill would allocate $30,000,000 to the State Department of Education to reimburse contractors for the cost of waived family fees for families not receiving in-person services from September 1, 2020, to June 30, 2021, inclusive, and would allocate $80,000,000 to the State Department of Education to reimburse contractors pursuant to prioritized factors, including to support costs associated with increased childcare service hours for ongoing enrollments due to school closures. (2) Existing law expresses the intent of the Legislature to prepare for the effective use of childcare funds available from the federal government during the COVID-19 pandemic and recovery period in order to support the essential workforce through necessary, high-quality childcare, support healthy child development during this historic time, and ensure the stability of California's childcare system. Contingent on the receipt of federal funds that may be used for these purposes during the 2020–21 fiscal year, existing law requires the State Department of Education to prioritize childcare-related funding, as prescribed, including up to $35,000,000 to support alternative payment programs, including migrant alternative payment programs, to reimburse providers for providing short-term childcare to eligible children when a provider is closed. Existing law authorizes the State Department of Education to transfer specified program expenditure authority between schedules to accurately reflect expenditures in the program schedules, upon the approval of the Department of Finance, and authorizes the Department of Finance, at its discretion, to approve a transfer of program expenditure authority to the extent total allocations do not exceed a specified total amount. Upon approval from the Department of Finance, existing law requires the Superintendent of Public Instruction to notify the chairs of the relevant policy committees and budget subcommittees of the Legislature of the Superintendent of Public Instruction's intent to transfer program expenditure authority between programs. This bill would repeal these provisions, would instead appropriate the sum of $402,000,000 in specified federal funding to provide subsidized childcare and preschool providers with COVID-19 pandemic-related assistance, and would allocate the money, as specified, including allocating $244,000,000 to provide a flat-rate one-time stipend amount of $525 per child enrolled in a subsidized childcare or a state preschool program, as prescribed. Among other allocations, the bill would allocate $80,000,000 to provide additional emergency vouchers for specified children, including the children of essential workers, through June 30, 2022. The bill would make a state-subsidized childcare provider operating or serving alternative payment programs eligible for an additional 16 paid nonoperational days when the provider is closed due to the COVID-19 pandemic emergency. The bill would require specified entities, including alternative payments programs, to track the usage of paid nonoperational days and associated costs due to the COVID-19 pandemic emergency and short-term childcare to eligible children, and to report monthly on usage to the State Department of Education and the State Department of Social Services. The bill would require the State Department of Education to issue guidance related to the additional 16 nonoperational days for COVID-19-related closures to family childcare home education network programs. The bill would make related findings and declarations. (3) Existing law requires the Department of Human Resources to provide to the Joint Legislative Budget Committee any side letter, appendix, or other addendum to a properly ratified memorandum of understanding that requires the expenditure of $250,000 or more related to salary and benefits and that is not already contained in the original memorandum of understanding or the Budget Act. Existing law requires the Joint Legislative Budget Committee, within 30 days after receiving the side letter, appendix, or other addendum, to determine if the addendum presents substantial additions that are not reasonably within the parameters of the original memorandum of understanding and thereby requires legislative action to ratify the addendum. Existing law provisions of the Budget Act of 2020 provide an exception to the above-described provisions and, instead, makes implementation of an addendum that results in any expenditure of funds contingent upon legislative action to ratify the addendum if the agreement results in total net costs greater than $1,000,000 during the 2020–21 fiscal year. Existing law provisions of the Budget Act of 2020 relating to augmentation for employee compensation from the General Fund, unallocated special funds, or unallocated nongovernmental cost funds also make implementation of an addendum that requires those funds contingent upon legislative approval. This bill would approve the addendum to the memorandum of understanding entered into between the state employer and State Bargaining Unit 1, Professional, Administrative, Financial, and Staff Services, State Bargaining Unit 3, Professional Educators and Librarians, State Bargaining Unit 4, Office and Allied, State Bargaining Unit 11, Engineering and Scientific Technicians, State Bargaining Unit 14, Printing and Allied Trades, State Bargaining Unit 15, Allied Services, State Bargaining Unit 17, Registered Nurses, State Bargaining Unit 20, Medical and Social Services, and State Bargaining Unit 21, Educational Consultants and Library, regarding employees that have been assigned to assist with COVID-19 contact tracing, and would appropriate for this purpose $1,793,000 previously appropriated in the Budget Act of 2020 for other purposes related to state employee compensation, as specified. (4) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 6, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 439.).

  5. Assembly Rule 63 suspended. (Page 437.)

  6. Assembly Rule 77 suspended.

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after February 24 pursuant to Assembly Rule 77.

  8. Read third time. Passed. Ordered to the Assembly.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 17. Noes 0.) (February 18).

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

  12. Joint Rule 62(a), file notice suspended.

  13. Referred to Com. on B. & F.R.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 13. Page 161.)

  16. Read second time. Ordered to third reading.

  17. (Ayes 46. Noes 13. Page 108.)

  18. Ordered to second reading.

  19. Without reference to committee.

  20. From printer. May be heard in committee January 7.

  21. Read first time. To print.

Sponsors

  • Ting · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Ting

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 12001
Unaffiliated 22000
Republican 4000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Leyva — Yea
Borgeas — Yea
Bates — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Atkins — Yea
Portantino — Yea
Glazer — Yea
Nielsen — Yea
Wilk — Yea
Dodd — Yea
Rubio — Yea
Bradford — Yea
Min — Yea
Melendez — Yea
Eggman — Yea
Hertzberg — Yea
Pan — Yea
Hueso — Yea
Newman — Yea
Gonzalez — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 27000
Unaffiliated 40002
Republican 10000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Bloom — Yea
Mullin — Yea
Holden — Yea
Jones-Sawyer — Yea
Wood — Yea
Smith — Yea
Cunningham — Yea
Cooper — Yea
Voepel — Yea
Cooley — Yea
Maienschein — Yea
Rodriguez — Yea
Nazarian — Yea
Ting — Yea
O'Donnell — Yea
Waldron — Yea
Medina — Yea
McCarty — Yea
Friedman — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Villapudua — Yea
Salas — Yea
Quirk — Yea
Low — Yea
Levine — Yea
Kamlager — Yea
Daly — Yea
Gray — Yea
Burke — Yea
Mathis — Yea
Santiago — Yea
Mayes — Yea
Chau — Yea
Frazier — Not Voting
Kiley — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass

Passed 17 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 8001
Republican 3000
Total 17001
% of votes cast 94%0%0%6%
How each member voted (18)
Member Party Vote
Roth — Yea
Eggman — Yea
Min — Yea
Nielsen — Yea
Melendez — Yea
Newman — Yea
Skinner — Yea
Pan — Yea
Wieckowski — Not Voting
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Passed 48 Yea · 13 Nay · 19 Other
Party YeaNayPresentNot Voting
Democratic 22104
Unaffiliated 267010
Republican 0505
Total 4813019
% of votes cast 60%16%0%24%
How each member voted (80)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Kamlager — Not Voting
Gray — Not Voting
Ting — Yea
Low — Yea
O'Donnell — Yea
Levine — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Burke — Yea
Cooper — Yea
Chau — Yea
Smith — Nay
Voepel — Nay
Waldron — Nay
Cunningham — Nay
Kiley — Nay
Mayes — Nay
Bigelow — Nay
Mathis — Not Voting
Weber — Not Voting
Salas — Not Voting
Quirk — Not Voting
Wood — Not Voting
Nazarian — Not Voting
Frazier — Not Voting
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Wicks, Buffy Democratic Not Voting
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Not Voting
Seyarto, Kelly Republican Not Voting
Valladares, Suzette Martinez Republican Not Voting

Official roll call →

Subjects

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Frequently asked questions

What does AB 82 do?
(1) The Child Care and Development Services Act establishes a system of childcare and development services for children up to 13 years of age. Commencing July 1, 2021, existing law transfers specified childcare programs, responsibilities, services, and systems from the State Department of Education and the Superintendent of Public Instruction to the State Department of Social Services. Existing law provides that the Legislature finds and declares that the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116-136) Child Care and Development Block Grant supplemental payment awarded funds to California to address the impact of the COVID-19 pandemic on childcare providers and the families they serve, including to prevent, prepare for, and respond to the pandemic emergency, to provide assistance to childcare providers in the case of decreased enrollment or closures, and to provide childcare assistance to essential workers during the response to the pandemic. Existing law provides that it is the intent of the Legislature to allocate funds to restore amounts either directly or through reimbursement for obligations incurred relating to childcare and the pandemic. Existing law requires the Controller to transfer, on July 1, 2020, $152,314,000 from the Federal Trust Fund, and consistent with the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act Child Care and Development Block Grant supplemental payment requirements, to the General Fund to offset the state costs incurred in the 2019–20 fiscal year. For the 2020–2021 fiscal year, existing law appropriates $198,000,000 from the Federal Trust Fund to the Superintendent of Public Instruction for COVID-19 pandemic-related relief and assistance for childcare providers, the families those childcare providers serve, and essential workers, as prescribed. This bill would instead require $42,014,000 to be transferred on July 1, 2020, and would instead appropriate $308,000,000 for the 2020–2021 fiscal year thereby making an appropriation. Of the funds appropriated for the 2020–2021 fiscal year, the bill would allocate $30,000,000 to the State Department of Education to reimburse contractors for the cost of waived family fees for families not receiving in-person services from September 1, 2020, to June 30, 2021, inclusive, and would allocate $80,000,000 to the State Department of Education to reimburse contractors pursuant to prioritized factors, including to support costs associated with increased childcare service hours for ongoing enrollments due to school closures. (2) Existing law expresses the intent of the Legislature to prepare for the effective use of childcare funds available from the federal government during the COVID-19 pandemic and recovery period in order to support the essential workforce through necessary, high-quality childcare, support healthy child development during this historic time, and ensure the stability of California's childcare system. Contingent on the receipt of federal funds that may be used for these purposes during the 2020–21 fiscal year, existing law requires the State Department of Education to prioritize childcare-related funding, as prescribed, including up to $35,000,000 to support alternative payment programs, including migrant alternative payment programs, to reimburse providers for providing short-term childcare to eligible children when a provider is closed. Existing law authorizes the State Department of Education to transfer specified program expenditure authority between schedules to accurately reflect expenditures in the program schedules, upon the approval of the Department of Finance, and authorizes the Department of Finance, at its discretion, to approve a transfer of program expenditure authority to the extent total allocations do not exceed a specified total amount. Upon approval from the Department of Finance, existing law requires the Superintendent of Public Instruction to notify the chairs of the relevant policy committees and budget subcommittees of the Legislature of the Superintendent of Public Instruction's intent to transfer program expenditure authority between programs. This bill would repeal these provisions, would instead appropriate the sum of $402,000,000 in specified federal funding to provide subsidized childcare and preschool providers with COVID-19 pandemic-related assistance, and would allocate the money, as specified, including allocating $244,000,000 to provide a flat-rate one-time stipend amount of $525 per child enrolled in a subsidized childcare or a state preschool program, as prescribed. Among other allocations, the bill would allocate $80,000,000 to provide additional emergency vouchers for specified children, including the children of essential workers, through June 30, 2022. The bill would make a state-subsidized childcare provider operating or serving alternative payment programs eligible for an additional 16 paid nonoperational days when the provider is closed due to the COVID-19 pandemic emergency. The bill would require specified entities, including alternative payments programs, to track the usage of paid nonoperational days and associated costs due to the COVID-19 pandemic emergency and short-term childcare to eligible children, and to report monthly on usage to the State Department of Education and the State Department of Social Services. The bill would require the State Department of Education to issue guidance related to the additional 16 nonoperational days for COVID-19-related closures to family childcare home education network programs. The bill would make related findings and declarations. (3) Existing law requires the Department of Human Resources to provide to the Joint Legislative Budget Committee any side letter, appendix, or other addendum to a properly ratified memorandum of understanding that requires the expenditure of $250,000 or more related to salary and benefits and that is not already contained in the original memorandum of understanding or the Budget Act. Existing law requires the Joint Legislative Budget Committee, within 30 days after receiving the side letter, appendix, or other addendum, to determine if the addendum presents substantial additions that are not reasonably within the parameters of the original memorandum of understanding and thereby requires legislative action to ratify the addendum. Existing law provisions of the Budget Act of 2020 provide an exception to the above-described provisions and, instead, makes implementation of an addendum that results in any expenditure of funds contingent upon legislative action to ratify the addendum if the agreement results in total net costs greater than $1,000,000 during the 2020–21 fiscal year. Existing law provisions of the Budget Act of 2020 relating to augmentation for employee compensation from the General Fund, unallocated special funds, or unallocated nongovernmental cost funds also make implementation of an addendum that requires those funds contingent upon legislative approval. This bill would approve the addendum to the memorandum of understanding entered into between the state employer and State Bargaining Unit 1, Professional, Administrative, Financial, and Staff Services, State Bargaining Unit 3, Professional Educators and Librarians, State Bargaining Unit 4, Office and Allied, State Bargaining Unit 11, Engineering and Scientific Technicians, State Bargaining Unit 14, Printing and Allied Trades, State Bargaining Unit 15, Allied Services, State Bargaining Unit 17, Registered Nurses, State Bargaining Unit 20, Medical and Social Services, and State Bargaining Unit 21, Educational Consultants and Library, regarding employees that have been assigned to assist with COVID-19 contact tracing, and would appropriate for this purpose $1,793,000 previously appropriated in the Budget Act of 2020 for other purposes related to state employee compensation, as specified. (4) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors AB 82?
AB 82 is sponsored by Ting.
What is the current status of AB 82?
This bill has been enacted into law. Introduced December 07, 2020. Enacted.
Where can I track AB 82?
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