wa-law.org > bill > 2023-24 > HB 2243 > Substitute Bill
The legislature finds that access to affordable child care increases economic growth and labor force participation because too many working parents are forced to reduce their hours, decline promotional opportunities, or leave the workforce completely due to a lack of affordable and appropriate child care. This has, and continues to, disproportionately impact working-age mothers and contributes to the gender pay gap. The legislature recognizes that high quality, inclusive child care can reduce the opportunity gap for low-income children and black, indigenous, and children of color while consistently improving outcomes for all children both inside and outside of the classroom.
The legislature acknowledges that in 2019, the Washington state child care collaborative task force found that 49 percent of parents in the state found it difficult or very difficult to find, afford, and keep child care. The lack of child care was projected to cost the state $2,080,000,000 in the direct cost of turnover and missed work due to child care issues, with a total estimate of $6,500,000,000 in direct and opportunity costs due to employee child care issues. The legislature further finds that for over the past decade, the trend has been in the wrong direction, between 2010 and 2023, the state has seen a decrease of 2,000 family child care providers and 300 centers, contributing to an increase in child care deserts statewide. Child care deserts are most often in communities that struggle with health and economic disparities. Not having access to affordable child care is a further detriment that perpetuates cycles of poverty and inequities.
The legislature further finds that sustainably managed forests enhance carbon sequestration and reduce the amount of atmospheric carbon dioxide. Sustainably managed forests can also provide a stream of revenue to support new and existing child care resources in the areas of greatest need in the state.
Accordingly, the legislature intends to create a permanent children's social equity land trust that will utilize the trust management expertise of the department of natural resources to deliver much needed revenue for child care programs while prioritizing funding for child care deserts to assist families with access to child care where the need is greatest.
Lands acquired pursuant to this section must be held in trust for the benefit of the department of commerce and revenue derived from these lands must be expended to provide child care grants authorized under section 6 of this act.
The department shall manage, care for, and protect these lands for the purpose of revenue generation for child care grants to be awarded by the department of commerce under section 6 of this act.
To the extent consistent with the requirements of this chapter, the department shall manage lands acquired pursuant to this section in compliance with policies established by the board and with the procedures that govern the department's management of other forested lands.
To the extent consistent with the requirements of this chapter, the department may manage the lands acquired pursuant to this section in the same manner that it manages other state lands with regard to leasing, contracting, licensing, permitting, and granting easements and rights-of-way.
With the approval of the board, the department may sell lands acquired pursuant to this section in the same manner as other state lands. Any revenue derived from any sale of lands acquired pursuant to this section shall be deposited in the child care trust account created in section 3 of this act.
The department may sell valuable materials from these lands in the same manner and purposes as the department is authorized to sell valuable materials from other state lands.
Following the deduction provided in RCW 79.64.110, revenue generated from activities on these lands, including the revenue derived from the sale of timber or other valuable materials from lands acquired pursuant to this section must be deposited in the child care trust account created in section 3 of this act.
Revenue derived from all leases, sales, contracts, licenses, permits, easements, and rights-of-way, on lands acquired pursuant to section 2 of this act are subject to the deduction in RCW 79.64.110 to cover the costs incurred by the department in carrying out the purposes of this chapter. In the event that the department sells logs using the contract harvesting process described in RCW 79.15.500 through 79.15.530, the moneys received subject to this section are the net proceeds from the contract harvesting sale.
(1) Any moneys derived from the lease of state forestlands or from the sale of valuable materials, oils, gases, coal, minerals, or fossils from those lands, except as provided in RCW 79.64.130, or the appraised value of these resources when transferred to a public agency under RCW 79.22.060, must be distributed as follows:
Subject to the availability of amounts appropriated for this specific purpose, the department of commerce shall establish a grant program to retain and expand child care in child care deserts. Grants may be used for one-time costs associated with the opening of a child care site, including program costs, for providers who are newly licensed or are in the process of becoming licensed, or for supporting established child care sites that are in jeopardy of closure due to financial reasons.
In awarding grants, the department of commerce must prioritize applications in a manner that supports racial equity across the state and must also prioritize applications that include funding for one or more of the following purposes:
Personnel costs, including compensation, benefits, health care premium pay, or paid leave;
Rent or mortgage payments;
Copayment or tuition waivers for families receiving care, including refunds or credits to families who are not attending but are paying tuition in order to maintain a child's spot in the facility;
Child care for historically disadvantaged populations;
Child care during nonstandard hours and periods of the year;
Outreach to families who may have stopped attending due to cost; and
Mental health supports for children and employees.
In addition to other indicators identified by the department of commerce, the department may use the child care industry insights dashboard from the child care industry assessment as a tool to identify areas in which additional investments are needed in order to expand existing child care capacity to meet family demand and reduce child care deserts.
The definitions in this section apply throughout this title unless the context clearly requires otherwise.
"Aquatic lands" means all state-owned tidelands, shorelands, harbor areas, and the beds of navigable waters as defined in RCW 79.105.060 that are administered by the department.
"Board" means the board of natural resources.
"Commissioner" means the commissioner of public lands.
"Community and technical college forest reserve lands" means lands managed under RCW 79.02.420.
"Community forest trust lands" means those lands acquired and managed under the provisions of chapter 79.155 RCW.
"Department" means the department of natural resources.
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"Forest biomass" means the by-products of: Current forest management activities; current forest protection treatments prescribed or permitted under chapter 76.04 RCW; or the by-products of forest health treatment prescribed or permitted under chapter 76.06 RCW.
"Forest biomass" does not include wood pieces that have been treated with chemical preservatives such as: Creosote, pentachlorophenol, or copper-chrome-arsenic; wood from existing old growth forests; wood required to be left on-site under chapter 76.09 RCW, the state forest practices act; and implementing rules, and other legal and contractual requirements; or municipal solid waste.
"Good neighbor agreement" means an agreement entered into between the state and the United States forest service or United States bureau of land management to conduct forestland, watershed, and rangeland restoration activities on federal lands, as originally authorized by the 2014 farm bill (P.L. 113-79).
"Improvements" means anything considered a fixture in law placed upon or attached to lands administered by the department that has changed the value of the lands or any changes in the previous condition of the fixtures that changes the value of the lands.
"Land bank lands" means lands acquired under RCW 79.19.020.
"Person" means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of a federal, state, or local governmental unit, however designated.
"Public lands" means lands of the state of Washington administered by the department including but not limited to state lands, state forestlands, lands included in a state forestland pool, and aquatic lands.
"State forestland pool" or "land pool" means state forestlands acquired and managed under RCW 79.22.140.
"State forestlands" means lands acquired under RCW 79.22.010, 79.22.040, and 79.22.020.
"State lands" includes:
School lands, that is, lands held in trust for the support of the common schools;
University lands, that is, lands held in trust for university purposes;
Agricultural college lands, that is, lands held in trust for the use and support of agricultural colleges;
Scientific school lands, that is, lands held in trust for the establishment and maintenance of a scientific school;
Normal school lands, that is, lands held in trust for state normal schools;
Capitol building lands, that is, lands held in trust for the purpose of erecting public buildings at the state capital for legislative, executive, and judicial purposes;
Institutional lands, that is, lands held in trust for state charitable, educational, penal, and reformatory institutions;
Land bank, escheat, donations, and all other lands, except aquatic lands, administered by the department that are not devoted to or reserved for a particular use by law; and
"Valuable materials" means any product or material on the lands, such as forest products, forage or agricultural crops, stone, gravel, sand, peat, and all other materials of value except: (a) Mineral, coal, petroleum, and gas as provided for under chapter 79.14 RCW; and (b) forest biomass as provided for under chapter 79.150 RCW.