KRS 199.891: Definitions for section -- Certified Child Care Community Designation

Program -- Powers and duties of cabinet -- Applicant requirements -- Report

required -- Provision of list of communities that have obtained designation.

(1) As used in this section:

(a) "Cabinet" means the Cabinet for Health and Family Services;

(b) "Child care service" means a child care service licensed or certified by the

cabinet; and

(c) "Local government" has the same meaning as in KRS 65.230.

(2) The cabinet shall esta blish a Certified Child Care Community Designation

Program. The purpose of the program shall be to create new opportunities for local

governments to help increase the supply of child care services in their communities

through voluntary actions related to l and use and zoning reform and programming

at the local level. Participation in the program by local governments shall be

optional.

(3) To administer the program, the cabinet may:

(a) Delegate authority to a subsidiary department;

(b) Coordinate and share information with other executive branch agencies;

(c) Enter into contracts with third parties to administer the program or specific

parts of the program; and

(d) Promulgate administrative regulations in accordance with KRS Chapter 13A

to implement the program.

(4) By January 1, 2028, the cabinet shall make publicly ava ilable a standardized

application for certification and instructions for the Certified Child Care

Community Designation Program. In preparing these materials, the cabinet shall

solicit feedback from and engage with the Kentucky Child Care Advisory Council

and individuals and associations representing local governments, land use and

planning and design professionals, public health officials, licensed and certified

child-care providers, business leaders, economic development professionals, and

education professionals.

(5) The cabinet shall:

(a) Begin receiving and approving applications from local governments no earlier

than January 1, 2028; and

(b) Send notice of approval or denial to applicants no later than thirty (30) days

after receiving an application. I f the cabinet denies an application, the cabinet

shall include the reason for the denial in its notice and shall invite the

applicant to resubmit.

(6) (a) To attain certification by the cabinet, applicants shall be required to

demonstrate that the local government has:

1. Established or joined a community -wide child care task force that

includes representatives from local government, the business

community, education, health care, nonprofits, and providers of licensed

and certified child care services;

2. Developed a strategic plan through its task force to address identified

child care challenges and increase access to child care services in the

local community; and

3. Analyzed local ordinances, regulations, and land use rules that could

create barriers to the availability of child care services and developed an

action plan to implement reforms. To comply with this subparagraph,

the applicant shall demonstrate that it has:

a. Gathered community input from child care providers and child

care organizations, lo cal residents and homeowners, local

elementary and secondary school officials, the business

community, civic and nonprofit organizations, and economic

developers through meetings, listening sessions, or surveys;

b. Conducted a comprehensive analysis of the jurisdiction's

ordinances, regulations, and land use rules that may pertain to the

provision of child care services and identified ordinances,

regulations, and land use rules that create barriers to the

availability of child care services in the community; and

c. Established a clear and specific action plan to amend ordinances,

regulations, and land use rules that create barriers to the

availability of child care services in the community as identified

through the comprehensive analysis in subdivision b. o f this

subparagraph.

(b) As used in paragraph (a)3. of this subsection, "ordinances, regulations, and

land use rules that create barriers to the availability of child care services" in

the community means local ordinances, regulations, or land use rules th at

local officials and community stakeholders have determined to be overly

restrictive or unnecessary and have the effect of discouraging or limiting the

availability of child care services without meaningfully supporting safety or

preserving the character of the community.

(c) In fulfilling the requirements of paragraph (a)3. of this subsection, an

applicant shall demonstrate that it has, to the greatest extent possible,

reviewed and incorporated into its action plan recommendations and best

practices for local ordinances, regulations, and land use rules pertaining to

child care made available by the cabinet. This demonstration shall include a

detailed explanation of where the applicant's local policies do and do not align

with recommended best practices. I f the cabinet determines that the applicant

did not adequately consider recommended best practices in its analysis and

action plan, it may deny certification to the applicant.

(d) If the applicant has not adopted land use rules pursuant to KRS Chapter 100,

it may exclude, and the cabinet shall not consider, land use rules and zoning

ordinances from its analysis and action plan.

(e) The cabinet shall permit local governments to partner together and submit

joint applications. Under a joint application, the co mmunity-wide child care

task force shall include representatives from all local governments in the

application, and the strategic plan shall take into account child care needs

across all applicant communities. All local governments that are party to the

joint application shall demonstrate compliance with requirements related to

analysis and modification of local ordinances, regulations, and land use rules

that could create barriers to the availability of child care services.

(7) The cabinet shall:

(a) Make publicly available a list of communities that have obtained the certified

child care community designation; and

(b) Transmit, on a quarterly basis, a full list of certified communities to the

Cabinet for Economic Development.

(8) By December 1, 2028, the c abinet shall submit a report to the Legislative Research

Commission for referral to the Interim Joint Committees on Families and Children

and State and Local Government specifying the communities that have obtained the

designation, a summary of the differe nt strategies used by local communities to

expand access to child care and remove barriers, and recommendations for

improvements to the program.

(9) When the Cabinet for Economic Development engages with a company regarding

participation in an incentive or funding program administered by one (1) or more of

that cabinet's agencies, including when it initially communicates with, receives an

application from, and approves funding to, any company, the Cabinet for Economic

Development shall provide to the compan y information regarding the Certified

Child Care Community Designation Program, including a list of communities that

have obtained the designation.

(10) By November 1 of each year, the Cabinet for Economic Development shall prepare

and post to its website as required in KRS 154.12 -2035 a report containing a list of

communities that have obtained the designation, information regarding its

engagement with companies as outlined in this section, and information regarding

its actions under KRS 199.888.