SECTIONS 4560-4563 - California Statutes

GOVERNMENT CODE

SECTION 4560-4563

4560. (a) The Legislature finds and declares that there is a
substantial need to provide adequate child care facilities for state
employees.
(b) When the state constructs, acquires, or receives as a gift any
office building that can accommodate 700 or more state employees, or
when additions, alterations, or repairs are made to any existing
state-owned office building that can accommodate 700 or more state
employees, and the additions, alterations, or repairs both change and
affect the use of 25 percent of the net square feet area of the
building and include the addition to, alteration of, or repair of the
first floor, adequate space shall be designated within the building
to meet the child care needs of those employees, if a review of those
employees slated to occupy the new or renovated building shows
sufficient need for child care services for 30 or more children. The
review shall be conducted by the Department of General Services and
the Child Development Programs Advisory Committee established
pursuant to Section 8286 of the Education Code.
(c) The Director of General Services may secure space in any
adequate facility for the same purposes if funds for the offsite
facilities are made available and the director determines that any of
the following conditions exist:
(1) All other physical requirements controlling the development of
the child care facilities within the office building cannot be
utilized.
(2) It is more cost-efficient for the state to provide for
equivalent child care facilities within a reasonable distance of the
place of employment.
(3) Locating the child care center within a reasonable distance
offsite would provide an enhanced facility for the children or would
mitigate security concerns.
(d) Existing state office buildings, at the discretion of the
Director of General Services, may be retrofitted to accommodate a
child care facility. State funds required for the retrofitting shall
be subject to regular budgetary procedures and approvals.
(e) Space designed within a state-owned office building for the
child care facility shall comply with the prevailing local and state
safety building codes for child care facilities.
(f) The indoor area shall not exceed 2,100 square feet, nor be
less than that required to accommodate 30 children, excluding space
for restrooms, kitchen facilities, storage areas, and teacher
offices. Outdoor play area space shall correspond with the indoor
play area as described in Title 22 of the California Code of
Regulations.
(g) Utilization of the space shall be subject to terms and
conditions set forth by the Director of General Services. The terms
shall include payment of rent, proof of financial responsibility, and
maintenance of space. The space shall be made available to employees
who wish to establish child care facilities at a rate to be
established by the Director of General Services based upon the actual
cost to the state, the average cost of state-owned space in the
area, or the statewide average cost of state-owned space, whichever
is less. If, however, the director determines that a lower rent must
be charged to ensure the viability of a child care facility, the
director may charge a lower rate.
(h) (1) The department or departments occupying the building
shall notify the employee-occupants in writing of the availability of
space to be used for a child care facility no earlier than 180 days
prior to the projected date of occupancy of a new building or space
provided as the result of additions, alterations, or repairs to an
existing state-owned building, and the additions, alterations, or
repairs that both change and affect the use of 25 percent of the net
square feet area of the building and include the addition to,
alteration of, or repair of the first floor. If, within 30 days after
full occupancy of a new office building or 30 days after the
completion of additions, alterations, or repairs to an existing
state-owned office building, the employee-occupants so desiring have
not filed an application with the Secretary of State as a nonprofit
corporation for the purpose of organizing a child care center,
deposited two months' rent in a commercial or savings account, and
entered into a contract with the Department of General Services, the
space may be used for any other purpose, as long as no permanent
alteration of the space occurs. Other purposes may include, but are
not limited to, conference rooms, storage areas, or offices. The
space for child care shall be held for the employee-occupants'
nonprofit corporation only as long as they pay the monthly rent and
meet the terms set forth in the contract. Payment of rent shall
commence 30 days after full occupancy of a new office building or 30
days after completion of additions, alterations, or repairs, as
specified in this section.
(2) If, at a later date, the employee-occupants so desiring (A)
file an application with the Secretary of State as a nonprofit
corporation for the purpose of organizing a child care facility, (B)
deposit two months' rent in a commercial or savings account, and (C)
notify the Director of General Services of those actions, then the
space shall be reconverted for child care purposes within 180 days of
the notice.
(i) Children from families in which at least one parent or
guardian is a state employee shall be given priority admission over
other children to the child care facility.
(j) When a child care center within a state-owned office building
has been operative for five years, the Director of General Services
shall assess the child care needs of the state employees using the
center and the office space needs of the building within which the
center is located. If the assessment demonstrates a greater need for
office space than for child care, the Director of General Services
may close the child care center. Ninety days' written notice of the
closure shall be given to the director or head teacher of the center.
(k) This section does not apply to buildings that provide care or
24-hour residential care for patients, inmates, or wards of the
state, such as state hospitals and correctional facilities.

4561. Child care facilities for the employees of the California
State University and Colleges and the University of California shall
be incorporated into the campus master plans and constructed subject
to the provision of state funding appropriations by the Legislature.
Determination of the need for, eligibility for use, and utilization
of those facilities, shall be subject to terms and conditions of the
trustees and the regents.
For the purposes of this chapter, only this section shall apply to
the California State University and Colleges system and the
University of California.

4562. This chapter shall not apply to the design of new state
office buildings, additions, alterations, or repairs of existing
state-owned office buildings, where the Public Works Board has
approved, prior to the effective date of this chapter, the
commencement of the working drawing phase of the new state office
building.

4563. (a) Sections 4560, 4561, and 4562 are not applicable to any
state-owned transportation facility.
(b) Space at a state-owned transportation facility may be leased
by competitive bid, taking into consideration affordability and
quality of care, to a child care operator who has obtained licensure
as required by Section 1596.80 of the Health and Safety Code. First
priority for child care services provided by the center shall be
given to children of state employees who work at the transportation
facility and second priority shall be given to children of users of
the transportation facility.
(c) No state funds shall be provided to any child care operator
pursuant to this section unless all of the following conditions are
met:
(1) The child care facility is open to children without regard to
any child's religious beliefs or any other factor related to
religion.
(2) No religious instruction is included in the child care
program.
(3) The space in which the child care program is operated is not
utilized in any manner to foster religion during the time it is used
for child care.
(d) The Legislature finds and declares that the use of public
property or facilities for the purpose of furnishing child care
services for the benefit of persons using public transit is in the
public interest and serves a public purpose.