(1) As used in this section, unless the context otherwise requires: (a) "Eligible entity" means a local government, a public school, an institution of higher education, or public-private partnership that is eligible to receive a grant through the program. (b) "Private partner" has the same meaning as set forth in section 24-94-102 (6). (c) "Program" means the child care facility development capital grant program created in subsection (2)(a) of this section. (d) "Public-private partnership" means an agreement between a local government and one or more private partners in which a local government and a private partner have entered into an agreement to partner on a project. The partnership may be financial, operational, or otherwise defined in the agreement between the public and private partners. (e) "State housing board" means the state housing board created in section 24-32-706 (1). (2) (a) There is created in the division a child care facility development capital grant program to provide eligible entities money to support the development of licensed child care and to construct, remodel, renovate, or retrofit a child care facility to meet a demonstrable need for child care in the eligible entity's community. (b) The division shall utilize the state housing board to review and make recommendations on grant applications. (3) (a) (I) On or before November 1, 2024, the division shall adopt policies, procedures, and guidelines in accordance with the provisions of this section for the program including: (A) Procedures and timelines for an eligible entity to apply for a grant; (B) Criteria for evaluating applications for approval and the amount of grants; (C) Performance criteria for grant recipients' projects; and (D) Reporting requirements for grant recipients. (II) Notwithstanding subsection (3)(a)(I) of this section, if, before July 1, 2025, there is not sufficient money in the fund to administer and implement the program, then the policies, procedures, and guidelines required by subsection (3)(a)(I) of this section, shall be adopted by the division on or before November 1, 2025. (b) Grant applications must include at least: (I) A business plan that includes: (A) A description of the construction, renovation, remodeling, or retrofitting of a child care facility; (B) A commitment to provide a financial match as set forth in subsection (4) of this section and a description of how each public and private partner will contribute to the required match; (C) A description of how the eligible entity will address the particular child care needs of the community, such as nontraditional-hour care or infant and toddler care for households with low to moderate income; (D) A description of how the eligible entity will support small child care business owners and operators, including women and populations with limited access to opportunity and resources; (E) A description of how the eligible entity will financially sustain the child care facility apart from any anticipated grants from the program; (F) The estimated total cost and budget for the construction, renovation, remodeling, or retrofitting of the child care facility; (G) A description of how other funding sources are being utilized and leveraged to support the inclusion of child care; (H) If the eligible entity leases or will lease the space to be renovated, remodeled, retrofitted, or constructed to provide child care, a copy of the current valid lease that contains specific authorizations from the landlord for the project or a written statement from the landlord expressly consenting to the project; (I) How the project aligns with other community planning, development, or housing efforts underway in the community; (J) Commitment from the eligible entity that it will accept the grant; and (K) Any other component the division requires to adequately assess a grant application, including requiring a commitment by the eligible entity regarding the duration for which the eligible entity intends to occupy the physical location of the project; and (II) An affidavit that the eligible entity has obtained a child care license or will obtain a child care license with information regarding the timing and status of obtaining the child care license. (c) The division shall give more weight to applications that: (I) Represent geographic diversity; (II) Will serve a high percentage of families below the area's median income; (III) Include a stated commitment to and a business plan for a well-compensated child care staff; (IV) Co-locate with or repurpose facilities with other uses, such as affordable housing developments, mixed-use or mixed-commercial buildings, or churches; (V) Include a plan to serve children in child care deserts or regions with low child care capacity; or (VI) Plan to serve infants and toddlers. (d) The division shall collaborate with the state housing board and consult with the department of early childhood, created in section 26.5-1-104 (1), in developing the policies and procedures required to be adopted pursuant to subsection (3)(a) of this section. (4) To receive a grant, eligible entities shall provide a financial match which may be funded by the eligible entity or from contributions from other public or private entities as follows: (a) A development project for a center-based facility shall provide a fifty percent match; and (b) A development project for a home-based facility shall provide a twenty-five percent match. (5) On or before January 1, 2026, January 1, 2027, January 1, 2028, and January 1, 2029, the division shall publish a report summarizing the use of grants in the preceding year. The report must specify the amount of grants distributed to recipients and provide a description of each recipient's use of the grant. The report may include recommendations for the future administration of the program. The report must be shared with the house of representatives education committee, the house of representatives transportation, housing, and local government committee, the senate education committee, and the senate local government and housing committee, or their successor committees, and with the department of early childhood, and must be posted on the division's website. (6) This section is repealed, effective July 1, 2029.
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