Bill No.                38-12                        

Concerning: Capital Improvements Program –Child Care Assessment                           

Revised:    3-5-13              Draft No. 3  

Introduced:      December 4, 2012          

Enacted:         March 5, 2013                

Executive:       March 15, 2013              

Effective:        June 14, 2013                

Sunset Date:  NoneNone                             

Ch.   8      , Laws of Mont. Co.    2013    


County Council

For Montgomery County, Maryland


By: Councilmembers Riemer, Floreen, and Andrews, Council President Navarro, Councilmember Ervin, Council Vice-President Rice, and Councilmember Berliner


AN ACT to:

(1)        require the Office of Management and Budget to submit child care facilities impact statements with certain capital projects in the Capital Improvements Program;

(2)        authorize the Council to require other County departments and agencies to supplement the impact statements furnished by the Office of Management and Budget; and

(3)        generally amend County law regarding the analysis of capital projects.


By adding

            Montgomery County Code

            Chapter 27, Human Rights and Civil Liberties

            Section 27-62A, Child care facilities impact statements



Boldface                                             Heading or defined term.

Underlining                                          Added to existing law by original bill.

[Single boldface brackets]                  Deleted from existing law by original bill.

Double underlining                              Added by amendment.

[[Double boldface brackets]]              Deleted from existing law or the bill by amendment.

*   *   *                                                  Existing law unaffected by bill.










The County Council for Montgomery County, Maryland approves the following Act:

          Sec. 1.  Section 27-62A is added as follows:

27-62A.      Child care facilities impact statements.

(a)     For each applicable capital project in the Capital Improvements Program during facility planning, the Office of Management and Budget must include in or transmit with the CIP an analysis of:

(1)     the feasibility of including child care facilities in the project; and

(2)     what capital or operating budget modifications, if any, would be needed to include child care facilities in the project.

(b)     The child care analysis submitted by OMB should discuss at least the following issues related to the capital project:

(1)     compatibility of child care with the underlying project;

(2)     local availability of and demand for child care in the area of the project; and

[[(2)]] (3) conformity of child care facilities to applicable zoning and land use plans.

(c)      Each child care analysis under this Section should assign highest priority to the provision of high quality child care in areas where the provision of child care may not otherwise be financially feasible due to large numbers of low-income parents and the resulting need for significant subsidies.

[[(c)]] (d) As used in this section, applicable capital project means any proposed building project administered by the Department of General Services or the Parking Management Division of the Department of Transportation.

[[(d)]] (e) In performing its analysis, OMB should consult the Department of Health and Human Services, the Planning Board, and any other County department or agency with expertise in child care.

[[(e)]] (f) The Council may [[by]] in the capital budget resolution, and the County Executive may by Method 1 regulation, exempt from this Section a capital project or category of capital projects which by their nature do not require child care analysis.