1     
CHILD CARE GRANTS AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Andrew Stoddard

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill requires the Office of Child Care to offer grants within available funds to child
10     care providers.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires the Office of Child Care to provide grants, within available funds, to child
15     care providers;
16          ▸     requires the Office of Child Care to make an annual report;
17          ▸     extends a sunset date; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          This bill appropriates in fiscal year 2025:
21          ▸     to Department of Workforce Services - Office of Child Care as a one-time
22     appropriation:
23               •     from the General Fund, One-time, $240,000,000
24     Other Special Clauses:
25          This bill provides a special effective date.
26     Utah Code Sections Affected:
27     AMENDS:
28          35A-3-212, as last amended by Laws of Utah 2023, Chapter 328
29          63I-2-235, as last amended by Laws of Utah 2022, Chapter 21
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 35A-3-212 is amended to read:
33          35A-3-212. Use of relief funds -- Grants to child care providers -- Reporting
34     requirements.
35          (1) As used in this section:
36          (a) "Child care provider" means a person that holds a license or certificate from the
37     Department of Health and Human Services in accordance with Title 26B, Chapter 2, Part 4,
38     Child Care Licensing.
39          [(a)] (b) "COVID-19 relief funds" means federal funds provided to the office under:
40          (i) the American Rescue Plan Act, Pub. L. No. 117-2;
41          (ii) the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136; or
42          (iii) the Coronavirus Response and Relief Supplemental Appropriations Act, Pub. L.
43     No. 116-260.
44          (c) "Low-income child" means a child who is a member or foster child of a family with
45     an annual income at or below 200% federal poverty level.
46          [(b) "Eligible child care provider" means:]
47          [(i) a child care provider that enters into a contract with an employer to provide child
48     care for the employer's employees, either on-site or off-site of the employer's place of business;
49     or]
50          [(ii) a regulated residential child care provider.]
51          [(c) (i) "Employer" means:]
52          [(A) a public employer;]
53          [(B) a private employer; or]
54          [(C) a cooperative organized for the purpose of providing child care for members'
55     employees.]
56          [(ii) "Employer" includes a local education agency, as defined in Section 53E-1-102.]
57          [(d) "Regulated residential child care provider" means a person who holds a license or
58     certificate from the Department of Health and Human Services to provide residential child care
59     in accordance with Title 26B, Chapter 2, Part 4, Child Care Licensing.]
60          (2) (a) Subject to availability of funds and requirements under applicable federal law,
61     the office shall [use COVID-19 relief funds to] provide grants to [eligible] child care providers
62     to:
63          (i) assist in paying start-up costs associated with the provision of child care[.];
64          (ii) stabilize the child care provider's business; and
65          (iii) allow the child care provider to offer increased compensation, benefits, or a
66     combination of both to the child care provider's employees.
67          (b) The office shall make rules, in accordance with Title 63G, Chapter 3, Utah
68     Administrative Rulemaking Act, to establish criteria and procedures for applying for and
69     awarding grants under this Subsection (2)[.], including prioritizing grants to a child care
70     provider that predominantly serves:
71          (i) children receiving a child care subsidy or grant; or
72          (ii) low-income children.
73          (3) In fiscal years 2022 through 2024, the office shall submit to the department, for
74     inclusion in the department's annual written report described in Section 35A-1-109, an annual
75     report that provides:
76          (a) a complete accounting of the COVID-19 relief funds expended by the office during
77     the previous fiscal year;
78          (b) a description of the services, projects, and programs funded by the office with
79     COVID-19 relief funds during the previous fiscal year, including the amount of COVID-19
80     relief funds allocated to each service, project, or program; and
81          (c) information regarding the outcomes and effectiveness of the services, projects, and
82     programs funded by the office with COVID-19 relief funds during the previous fiscal year.
83          (4) In fiscal years 2025 and 2026, the office shall submit to the department, for
84     inclusion in the department's annual written report described in Section 35A-1-109, a report
85     that provides a complete accounting of grants, if any, made by the office pursuant to this
86     section during the previous fiscal year.
87          Section 2. Section 63I-2-235 is amended to read:
88          63I-2-235. Repeal dates: Title 35A.
89          (1) Section 35A-1-104.6 is repealed June 30, 2022.
90          (2) Section 35A-3-212 is repealed June 30, [2025] 2026.
91          Section 3. FY 2025 Appropriation.
92          The following sums of money are appropriated for the fiscal year beginning July 1,
93     2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
94     fiscal year 2025.
95          Subsection 3(a). Expendable Funds and Accounts.
96          The Legislature has reviewed the following expendable funds. The Legislature
97     authorizes the State Division of Finance to transfer amounts between funds and accounts as
98     indicated. Outlays and expenditures from the funds or accounts to which the money is
99     transferred may be made without further legislative action, in accordance with statutory
100     provisions relating to the funds or accounts.
101     
ITEM 1
     To Department of Workforce Services - Office of Child Care
102      From General Fund, One-time$240,000,000
103      Schedule of Programs:
104      Child Care Stabilization Grants$240,000,000
105     The Legislature intends that the funds not lapse at the end of fiscal year 2025, but that the
106     Department of Workforce Services expend $120,000,000 in the fiscal year beginning July 1,
107     2024 and ending June 30, 2025 and $120,000,000 in the fiscal year beginning July 1, 2025 and
108     ending June 30, 2026.
109          Section 4. Effective date.
110          This bill takes effect on July 1, 2024.