Agenda Item 11

January 22,2013

Public Hearing

MEMORANDUM

TO:

FROM:

County Council

~Michael

Faden, Senior Legislative Attorney

Public Hearing:

Bill 38-12, Capital Improvements Program - Child Care

Assessment

SUBJECT:

Bill 38-12, Capital Improvements Program - Child Care Assessment, sponsored by

Councilmembers Riemer, Floreen, Andrews, Council President Navarro and Councilmember

Ervin, was introduced on December 4, 2012. A joint Health and Human ServiceslEducation

Committee worksession is tentatively scheduled for January 31 at 9:30 a.m.

Bill 38-12 would require the Office of Management and Budget to submit child care

facilities impact statements with certain capital projects in the Capital Improvements Program

and authorize the Council to require other County departments and agencies to supplement the

impact statements furnished by the Office of Management and Budget. The impact statement

must analyze the feasibility of including a child care facility in the project.

The demand for good child care facilities exceeds supply in the County. The potential for

including child care facilities in each County Capital Improvements Program projects is not

routinely assessed. The purpose of the Bill is to ensure that the County takes advantage of all

opportunities to include child care facilities in County capital projects.

This packet contains:

Bi1l38-12

Legislative Request Report

F;\LAW\BILLS\1238 CIP - Child Care Assessment\PH Memo.Doc

Circle

#

1

3



Bill No.

38-12

Concerning: Capital

Improvements

Program -Child Care Assessment

Revised: 11-28-12

Draft No. _1_

Introduced:

December 4, 2012

Expires:

June 4, 2014

Enacted: _ _ _ _ _ _ _ _ __

Executive: _ _ _ _ _ _ _ __

Effective: _ _ _ _ _ _ _ _ __

Sunset Date: _ _ _ _ _ _ _ __

Ch. _ _, Laws of Mont. Co. _ __

COUNTY COUNCIL

FOR MONTGOMERY COUNTY, MARYLAND

By: Councilmembers Riemer, Floreen, Andrews, and Council Vice-President Navarro

AN

ACT

to:

(1)

(2)

require the Office of Management and Budget to submit child care facilities impact

statements with certain capital projects in the Capital Improvements Program;

authorize the Council to require other· County departments and agencies to

supplement the impact statements furnished by the Office of Management and

Budget; and

generally amend County law regarding the analysis of capital projects.

(3)

By adding

Montgomery County Code

Chapter 27, Human Rights and Civil Liberties

Section 27 -62A, Child care facilities impact statements

Boldface

Underlining

[Single boldface brackets]

QQ.ubLe underlining

[[Double boldface bracketsD

* * *

Heading or defined term.

Added to existing law by original bill.

Deletedfrom existing law by original bill.

Added by amendment.

Deletedfrom existing law or the bill by amendment.

Existing law unaffected by bill.

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



BILL

No. 38-12

1

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

27-62A.

Child

~

facilities impact statements.

For each applicable capital project in the Capital Improvements

Program, the Office of Management and Budget must include in or

transmit with the CIP an analysis of:

2

3

4

5

ill

6

7

8

9

10

11

12

13

ill

ill

(Q)

the feasibility of including child care facilities in the project; and

what capital or operating budget modifications, if any, would be

needed to include child care facilities in the project.

The child care analysis submitted

Qy

OMB should discuss at least the

following issues related to the capital project:

ill

ill

compatibility of child care with the underlying project; and

conformity of child care facilities to applicable zoning and land

use plans.

14

15

W

As used in this section, applicable capital project means any building

project administered

Qy

the Department of General Services or the

Parking Management Division of the Department of Transportation.

16

17

@

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.

18

19

20

21

W

Approved:

The Council may

Qy

resolution exempt from this Section

~

category of

capital projects which

Qy

their nature do not require child care analysis.

22

23

Roger Berliner, President, County Council

Date

@F:\lAw\BILLS\1238 CIP - Child Care Assessment\1238 Bill 1,Doc



LEGISLATIVE REQUEST REPORT

Bill 38-12

Capital Improvements Program

-

Child Care Assessment

DESCRIPTION:

Requires the Office of Management and Budget to submit a child

care facilities impact statement with certain capital projects proposed

in the County Capital Improvements Program. The impact statement

must analyze the feasibility of including a child care facility in the

project.

The demand for good child care facilities exceeds supply in the

County. The potential for including child care facilities in each

County Capital Improvements Program projects is not routinely

assessed.

To include more child care facilities in County CIP projects where

feasible.

Office of Management and Budget, Department of Housing and

Community Affairs, Department of Transportation, Planning Board,

and the Department of Health and Human Services.

To be requested.

To be requested.

To be requested.

To be researched.

Michael Faden, Senior Legislative Attorney, 240-777-7905

Applies only to County Capital Improvements Program.

PROBLEM:

GOALS AND

OBJECTIVES:

COORDINATION:

FISCAL IMPACT:

ECONOMIC

IMPACT:

EVALUATION:

EXPERIENCE

ELSEWHERE:

SOURCE OF

INFORMATION:

APPLICATION

WITHIN

MUNICIPALITIES:

PENALTIES:

Not applicable

f:\law\bills\1238 cip - child care assessment\legislative request report. doc