Second Regular Session Seventy-third General Assembly STATE OF COLORADO INTRODUCED LLS NO. 22-0931.01 Jane Ritter x4342 SENATE BILL 22-213 Senate Committees House Committees Health & Human Services A BILL FOR AN ACT C ONCERNING CONTINUING SUPPO RT FOR NECESSARY CHILD CARE101 PROGRAMS.102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/ .) The bill appropriates: ! $50 million from federal funds from child care development funds for the purposes of implementing the child care sustainability grant program; ! $19 million from the economic recovery and relief cash fund to emerging and expanding the child care grant SENATE SPONSORSHIP Fields and Sonnenberg, HOUSE SPONSORSHIP Valdez A. and Tipper, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. program; ! $10 million from the economic recovery and relief cash fund to implement the employer-based child care facility grant program; ! $15 million from the economic recovery and relief cash fund to implement the early child care and education recruitment and retention grant and scholarship program. Of the $15 million, $2 million must be dedicated for home visiting workforce, early childhood mental health consultants, and early intervention providers, with $1.4 million of the $2 million dedicated for non-educator workforce scholarships and loan forgiveness, and $600,000 for developing consistent workforce pathways; and ! One million dollars to create and implement family-strengthening grant programs from the economic recovery and relief cash fund. The bill creates the family, friend, and neighbor (FFN) support programs, which include an advisory group and a training program. The family, friend, and neighbor advisory group is created to advise the department on the needs of FFN providers and to make recommendations on changes to regulations, policies, funding, and procedures that would benefit the FFN community. The family, friend, and neighbor training program is created to allow community-based organizations and nonprofit organizations that have expertise working with FFN providers to provide them with information, training, and technical assistance to support best practices. Subject to available appropriations, the department of early childhood shall make existing state programs available to the FFN community, including, but not limited to, home visitation, early intervention, early childhood mental health, workforce recruitment and retention, and family resource center services. The bill appropriates $4.5 million from the economic recovery and relief cash fund to implement the FFN support programs. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, amend as added by2 House Bill 22-1295, 26.5-3-801 (2)(b) as follows:3 26.5-3-801. Legislative declaration. (2) (b) The general4 assembly further finds that, to assist the state's workforce in returning to5 work and maintaining employment without facing the difficult choice6 SB22-213-2- between working and accessing quality child care, it is critical that the1 state allocate and quickly distribute funding to existing and new child2 care providers throughout the state AND THAT SUCH ACTIONS CONSTITUTE3 CRITICAL GOVERNMENT SERVICES .4 SECTION 2. In Colorado Revised Statutes, 26.5-3-802, as added5 by House Bill 22-1295, add (6) as follows:6 26.5-3-802. Child care sustainability grant program - created7 - timeline and criteria - grant awards - funding - definitions. (6) F OR8 THE 2022-23 STATE FISCAL YEAR, THE GENERAL ASSEMBLY SHALL9 APPROPRIATE TO THE DEPARTMENT FIFTY MILLION DOLLARS FROM10 FEDERAL FUNDS FOR CHILD CARE DEVELOPMENT F UNDS FOR THE PURPOSES11 OF IMPLEMENTING THE GRANT PROGRAM . THE MONEY APPROPRIATED IN12 THIS SUBSECTION (6) IS NOT SUBJECT TO THE REQUIREMENTS OF THE13 "P ROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE 24. ANY MONEY14 APPROPRIATED PURSUANT TO THIS SUBSECTION (6) REMAINS AVAILABLE15 FOR EXPENDITURE UNTIL THE CLOSE OF THE 2023-24 STATE FISCAL YEAR.16 SECTION 3. In Colorado Revised Statutes, amend as added by17 House Bill 22-1295, 26.5-3-803 (3) and (4)(c)(II); and add (1)(h.5) and18 (6) as follows:19 26.5-3-803. Emerging and expanding child care grant20 program - created - timeline and criteria - grant awards - funding -21 definitions - repeal. (1) As used in this section, unless the context22 otherwise requires:23 (h.5) "G RANT RECIPIENT" MEANS AN ELIGIBLE ENTITY THAT24 RECEIVES A GRANT THROUGH THE GRANT PROGRAM .25 (3) (a) The department shall create a process for soliciting,26 vetting, awarding, and monitoring grants through statewide early27 SB22-213 -3- childhood councils.1 (b) T O THE EXTENT PRACTICABLE, EARLY CHILDHOOD COUNCILS2 MAY RECEIVE UP TO TWENTY -FIVE PERCENT OF FUNDING IN ADVANCE IN3 ORDER TO EFFECTIVELY ADMINISTER GRANT FUNDS AND MAINTAIN4 BUSINESS OPERATIONS. THE DEPARTMENT SHALL OFFER TECHNICAL5 ASSISTANCE TO APPLICANTS WITH THEIR APPLICATIONS AND GRANT6 RECIPIENTS WITH IMPLEMENTATION OF THEIR AWARDS . THE TECHNICAL7 ASSISTANCE MAY BE OFFERED TO ALL ELIGIBLE ENTITIES , AS DEFINED IN8 SUBSECTION (1) OF THIS SECTION, AND FAMILY, FRIEND, AND NEIGHBOR9 PROVIDERS, AS DEFINED IN SECTION 26.5-3-808. THE DEPARTMENT MAY10 ALSO PROVIDE A GRANT RECIPIENT WITH A SEPARATE GRANT FOR11 TECHNICAL ASSISTANCE TO IMPLEMENT THE GOALS OF THE RECIPIENT 'S12 GRANT.13 (4) (c) In determining grant awards, the department shall consider14 eligible entities located in a child care desert. The department shall also15 consider eligible entities that have or are actively pursuing:16 (II) A commitment to engaging in quality improvement activities17 through the Colorado shines system, established in section 26.5-5-101;18 within eighteen months of receipt of their grant award; 19 (6) (a) F OR THE 2022-23 STATE FISCAL YEAR, THE GENERAL20 ASSEMBLY SHALL APPROPRIATE NINETEEN MILLION DOLLARS FROM THE21 ECONOMIC RECOVERY AND RELIEF CASH FUND CREATED IN SECTION22 24-75-228 TO THE DEPARTMENT FOR THE PURPOSES OF IMPLEMENTING THE23 GRANT PROGRAM. OF THIS AMOUNT, UP TO TWO MILLION TWO HUNDRED24 THOUSAND DOLLARS SHALL BE MADE AVAILABLE TO EARLY CHILDHOOD25 COUNCILS, AS DEFINED IN SECTION 26.5-2-202, IN SUPPORT OF THE GRANT26 PROGRAM.27 SB22-213 -4- (b) MONEY SPENT PURSUANT TO THIS SUBSECTION (6) MUST1 CONFORM WITH THE ALLOWABLE PURPOSES SET FORTH IN THE FEDERAL2 "A MERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS AMENDED.3 T HE DEPARTMENT SHALL EITHER SPEND OR OBLIGATE SUCH4 APPROPRIATION PRIOR TO DECEMBER 30, 2024, AND EXPEND THE5 APPROPRIATION ON OR BEFORE DECEMBER 31, 2026.6 (c) T HE DEPARTMENT SHALL COMPLY WITH THE COMPLIANCE ,7 REPORTING, RECORD-KEEPING, AND PROGRAM EVALUATION8 REQUIREMENTS ESTABLISHED BY THE OFFICE OF STATE PLANNING AND9 BUDGETING AND THE STATE CONTROLLER IN ACCORDANCE WITH SECTION10 24-75-226 (5).11 (d) T HIS SUBSECTION (6) IS REPEALED, EFFECTIVE SEPTEMBER 1,12 2027.13 SECTION 4. In Colorado Revised Statutes, amend as added by14 House Bill 22-1295, 26.5-3-804 (3) introductory portion, (8) introductory15 portion, and (9); and add (8.5) as follows:16 26.5-3-804. Employer-based child care facility grant program17 - created - timeline and criteria - eligibility - grant awards - reports18 - funding - definitions - repeal. (3) The department shall solicit and19 review grant applications from eligible entities beginning on or before20 June 30, 2021, AND EVERY JUNE 30 THEREAFTER THROUGH JUNE 30, 2024,21 and begin to award grants no later than September 1, 2021, AND EVERY22 S EPTEMBER 1 THEREAFTER THROUGH SEPTEMBER 1, 2024. Each23 application must include, at a minimum:24 (8) On or before January 30, 2023, and on or before January 30,25 2024 2025, the department shall report progress on the grant program as26 part of its "State Measurement for Accountable, Responsive, and27 SB22-213 -5- Transparent (SMART) Government Act" hearing required by section1 2-7-203. At a minimum, the report must include:2 (8.5) (a) F OR THE 2022-23 STATE FISCAL YEAR, THE GENERAL3 ASSEMBLY SHALL APPROPRIATE TEN MILLION DOLLARS FROM THE4 ECONOMIC RECOVERY AND RELIEF CASH FUND CREATED IN SECTION5 24-75-228 TO THE DEPARTMENT FOR THE PURPOSES OF IMPLEMENTING6 THIS SECTION.7 (b) M ONEY SPENT PURSUANT TO THIS SUBSECTION (8.5) MUST8 CONFORM WITH THE ALLOWABLE PURPOSES SET FORTH IN THE FEDERAL9 "A MERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS AMENDED.10 T HE DEPARTMENT SHALL EITHER SPEND OR OBLIGATE SUCH11 APPROPRIATION PRIOR TO DECEMBER 30, 2024, AND EXPEND THE12 APPROPRIATION ON OR BEFORE DECEMBER 31, 2026.13 (c) T HE DEPARTMENT SHALL COMPLY WITH THE COMPLIANCE ,14 REPORTING, RECORD-KEEPING, AND PROGRAM EVALUATION15 REQUIREMENTS ESTABLISHED BY THE OFFICE OF STATE PLANNING AND16 BUDGETING AND THE STATE CONTROLLER IN ACCORDANCE WITH SECTION17 24-75-226 (5).18 (d) T HIS SUBSECTION (8.5) IS REPEALED, EFFECTIVE SEPTEMBER 1,19 2027.20 (9) This section is repealed, effective July 1, 2024 SEPTEMBER 1,21 2027.22 SECTION 5. In Colorado Revised Statutes, 26.5-3-805, as added23 by House Bill 22-1295, add (7) as follows:24 26.5-3-805. Early care and education recruitment and25 retention grant and scholarship program - created - criteria and26 eligibility - grant and scholarship awards - reports - funding - rules27 SB22-213 -6- - definitions - repeal. (7) (a) F OR THE 2022-23 STATE FISCAL YEAR, THE1 GENERAL ASSEMBLY SHALL APPROPRIATE FIFTEEN MILLION DOLLARS FROM2 THE ECONOMIC RECOVERY AND RELIEF CASH FUND CREATED IN SECTION3 24-75-228 TO THE DEPARTMENT FOR THE PURPOSES OF IMPLEMENTING THE4 PROGRAM. THE MONEY APPROPRIATED PURSUANT TO THIS SUBSECTION (7)5 IS NOT SUBJECT TO THE REQUIREMENTS OF THE "PROCUREMENT CODE",6 ARTICLES 101 THROUGH 112 OF TITLE 24. TWO MILLION DOLLARS MUST BE7 DEDICATED FOR HOME VISITING WORKFORCE , EARLY CHILDHOOD MENTAL8 HEALTH CONSULTANTS, AND EARLY INTERVENTION PROVIDERS, WITH ONE9 MILLION FOUR HUNDRED THOUSAND DOLLARS OF THAT AMOUNT10 DEDICATED FOR NON-EDUCATOR WORKFORCE SCHOLARSHIPS AND LOAN11 FORGIVENESS AND SIX HUNDRED THOUSAND DOLLARS FOR DEVELOPING12 CONSISTENT WORKFORCE PATHWAYS .13 (b) M ONEY SPENT PURSUANT TO THIS SUBSECTION (7) MUST14 CONFORM WITH THE ALLOWABLE PURPOSES SET FORTH IN THE FEDERAL15 "A MERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS AMENDED.16 T HE DEPARTMENT SHALL EITHER SPEND OR OBLIGATE SUCH17 APPROPRIATION PRIOR TO DECEMBER 30, 2024, AND EXPEND THE18 APPROPRIATION ON OR BEFORE DECEMBER 31, 2026.19 (c) T HE DEPARTMENT SHALL COMPLY WITH THE COMPLIANCE ,20 REPORTING, RECORD-KEEPING, AND PROGRAM EVALUATION21 REQUIREMENTS ESTABLISHED BY THE OFFICE OF STATE PLANNING AND22 BUDGETING AND THE STATE CONTROLLER IN ACCORDANCE WITH SECTION23 24-75-226 (5).24 (d) T HIS SUBSECTION (7) IS REPEALED, EFFECTIVE SEPTEMBER 1,25 2027.26 SECTION 6. In Colorado Revised Statutes, as article 3 is added27 SB22-213 -7- by House Bill 22-1295, add 26.5-3-808 as follows:1 26.5-3-808. Family, friend, and neighbor support programs -2 advisory group - training program - funding - definitions - repeal.3 (1) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE4 REQUIRES:5 (a) "A DVISORY GROUP" MEANS THE FAMILY , FRIEND, AND6 NEIGHBOR ADVISORY GROUP CREATED IN SUBSECTION (2) OF THIS SECTION.7 (b) "F AMILY, FRIEND, AND NEIGHBOR" OR "FFN" MEANS8 LICENSE-EXEMPT, INFORMAL CHILD CARE PROVIDED BY FAMILY , FRIENDS,9 OR NEIGHBORS IN AN IN-HOME SETTING ON A REGULAR BASIS PURSUANT10 TO THE REQUIREMENTS OF 26.5-5-303 (6).11 (c) "T RAINING PROGRAM" MEANS THE FAMILY, FRIEND, AND12 NEIGHBOR TRAINING PROGRAM CREATED IN SUBSECTION (3) OF THIS13 SECTION.14 (2) (a) T HE FAMILY, FRIEND, AND NEIGHBOR ADVISORY GROUP IS15 CREATED IN THE DEPARTMENT. THE PURPOSE OF THE ADVISORY GROUP IS16 TO ADVISE THE DEPARTMENT ON THE NEEDS OF FFN PROVIDERS AND TO17 MAKE RECOMMENDATIONS TO THE DEPARTMENT ON CHANGES TO18 REGULATIONS, POLICIES, FUNDING, AND PROCEDURES THAT WOULD19 BENEFIT THE FFN COMMUNITY.20 (b) T HE DEPARTMENT SHALL CONVENE THE ADVISORY GROUP ,21 WHICH MUST INCLUDE, AT A MINIMUM:22 (I) P ARENTS OF CHILDREN WHO RECEIVE CARE THROUGH FFN23 PROVIDERS; MEMBERS OF THE FFN EARLY CHILDHOOD WORKFORCE ; AND24 REPRESENTATIVES OF GEOGRAPHICALLY AND LINGUISTICALLY DIVERSE25 FFN PROVIDERS. TO THE EXTENT PRACTICABLE, THE DEPARTMENT SHALL26 ENSURE THAT THE PERSONS DESCRIBED IN THIS SUBSECTION (2)(b)(I)27 SB22-213 -8- CONSTITUTE A MAJORITY OF THE MEMBERS OF THE ADVISORY GROUP ; AND1 (II) R EPRESENTATIVES OF COUNTY DEPARTMENTS OF HUMAN OR2 SOCIAL SERVICES, SPECIAL EDUCATION PROGRAM DIRECTORS , EARLY3 CHILDHOOD COUNCILS, THE BUSINESS COMMUNITY, PRIVATE NONPROFIT4 ORGANIZATIONS, EARLY CHILDHOOD ADVOCACY ORGANIZATIONS , AND5 PERSONS WITH EXPERTISE IN EARLY CHILDHOOD AND BUSINESS PRACTICES .6 (c) M EMBERS OF THE ADVISORY GROUP MAY RECEIVE PER DIEM7 COMPENSATION FOR ATTENDANCE AT MEETINGS OF THE ADVISORY GROUP8 IN THE SAME AMOUNT PAID TO LEGISLATORS PURSUANT TO SECTION9 2-2-307 (3)(a). M EMBERS OF THE ADVISORY GROUP ARE ALSO ENTITLED10 TO REIMBURSEMENT FOR ALL ACTUAL AND NECESSARY TRAVEL AND11 SUSTENANCE EXPENSES DIRECTLY RELATED TO THEIR SERVICE ON THE12 ADVISORY GROUP.13 (3) (a) T HE FAMILY, FRIEND, AND NEIGHBOR TRAINING PROGRAM14 IS CREATED IN THE DEPARTMENT . THE PURPOSE OF THE TRAINING15 PROGRAM IS TO SUPPORT COMMUNITY -BASED ORGANIZATIONS AND16 NONPROFIT ORGANIZATIONS THAT HAVE EXPERTISE WORKING WITH FFN17 PROVIDERS TO PROVIDE FFN PROVIDERS WITH INFORMATION AND18 TRAINING AND TO SUPPORT BEST PRACTICES AND TECHNICAL ASSISTANCE19 TO ACCESS EXISTING STATE PROGRAMS. TRAINING PROGRAMS AVAILABLE20 TO FFN PROVIDERS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, THE21 FOLLOWING:22 (I) I MPROVING THE QUALITY OF CHILD CARE AND CHILD23 DEVELOPMENT;24 (II) E NSURING THE HEALTH AND SAFETY OF CHILD CARE25 ENVIRONMENTS;26 (III) F OSTERING THE SOCIAL AND EMOTIONAL HEALTH OF THE27 SB22-213 -9- CHILD;1 (IV) S UPPORTING CHILDREN WITH SPECIAL NEEDS ;2 (V) O FFERING CULTURALLY COMPETENT AND EQUITABLE CHILD3 CARE;4 (VI) S TRENGTHENING THE BUSINESS PRACTICES OF CHILD CARE ;5 AND6 (VII) P ROMOTING WORKFORCE DEVELOPMENT .7 (b) T ECHNICAL ASSISTANCE AND RESOURCES FOR FFN PROVIDERS8 MAY INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING:9 (I) N AVIGATING THE STATE LICENSING PROCESSES ;10 (II) A CCESSING EXISTING STATE FUNDING AND SERVICES ;11 (III) C ONNECTING TO AFTER-SCHOOL PROGRAMS; AND12 (IV) P ROVIDING CAREER NAVIGATION ASSISTANCE .13 (c) T HE DEPARTMENT MAY ESTABLISH FFN COMMUNITIES ACROSS14 THE STATE TO IMPLEMENT TRAINING PROGRAMS THAT FOSTER PEER15 LEARNING AND PROVIDE LOCALLY SPECIFIC SUPPORT .16 (d) T HE DEPARTMENT SHALL CREATE AND PUBLISH A PUBLIC17 WEBSITE FOR THE FFN COMMUNITY TO ACCESS TRAINING , TECHNICAL18 ASSISTANCE, AND RESOURCES.19 (e) T HE DEPARTMENT SHALL ENSURE THAT THE TRAINING20 PROGRAM IS CULTURALLY COMPETENT AND LINGUISTICALLY APPROPRIATE21 TO MEET THE NEEDS OF THE FFN COMMUNITY AND UTILIZES A RESEARCH -22 AND COMMUNITY-INFORMED CURRICULUM .23 (4) S UBJECT TO AVAILABLE APPROPRIATIONS , THE DEPARTMENT24 SHALL MAKE EXISTING STATE PROGRAMS AVAILABLE TO THE FFN25 COMMUNITY, INCLUDING, BUT NOT LIMITED TO, HOME VISITATION, EARLY26 INTERVENTION, EARLY CHILDHOOD MENTAL HEALTH CONSULTANTS ,27 SB22-213 -10- WORKFORCE RECRUITMENT AND RETENTION , AND FAMILY RESOURCE1 CENTER SERVICES.2 (5) (a) F OR THE 2022-23 STATE FISCAL YEAR, THE GENERAL3 ASSEMBLY SHALL APPROPRIATE FOUR MILLION FIVE HUNDRED THOUSAND4 DOLLARS FROM THE ECONOMIC RECOVERY AND RELIEF CASH FUND5 CREATED IN SECTION 24-75-228 TO THE DEPARTMENT FOR THE PURPOSES6 OF IMPLEMENTING THIS SECTION.7 (b) M ONEY SPENT PURSUANT TO THIS SUBSECTION (5) MUST8 CONFORM WITH THE ALLOWABLE PURPOSES SET FORTH IN THE FEDERAL9 "A MERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS AMENDED.10 T HE DEPARTMENT SHALL EITHER SPEND OR OBLIGATE SUCH11 APPROPRIATION PRIOR TO DECEMBER 30, 2024, AND EXPEND THE12 APPROPRIATION ON OR BEFORE DECEMBER 31, 2026.13 (c) T HE DEPARTMENT SHALL COMPLY WITH THE COMPLIANCE ,14 REPORTING, RECORD-KEEPING, AND PROGRAM EVALUATION15 REQUIREMENTS ESTABLISHED BY THE OFFICE OF STATE PLANNING AND16 BUDGETING AND THE STATE CONTROLLER IN ACCORDANCE WITH SECTION17 24-75-226 (5).18 (d) T HIS SUBSECTION (5) IS REPEALED, EFFECTIVE SEPTEMBER 1,19 2027.20 (6) T HE DEPARTMENT SHALL REPORT PROGRESS ON THE SUPPORT21 PROGRAMS AS PART OF ITS "STATE MEASUREMENT FOR ACCOUNTABLE,22 R ESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT" HEARING23 REQUIRED BY SECTION 2-7-203.24 SECTION 7. In Colorado Revised Statutes, as article 3 is added25 by House Bill 22-1295, add 26.5-3-904 as follows:26 26.5-3-904. Family-strengthening grant programs - authorized27 SB22-213 -11- requirements - implementation partner - rules - repeal. (1) (a) F OR1 THE 2022-23 STATE FISCAL YEAR, THE GENERAL ASSEMBLY SHALL2 APPROPRIATE TO THE DEPARTMENT ONE MILLION DOLLARS FROM THE3 ECONOMIC RECOVERY AND RELIEF CASH FUND CREATED IN SECTION4 24-75-228 FOR THE PURPOSES OF IMPLEMENTING THE5 FAMILY-STRENGTHENING GRANT PROGRAMS .6 (b) M ONEY SPENT PURSUANT TO THIS SUBSECTION (1) MUST7 CONFORM WITH THE ALLOWABLE PURPOSES SET FORTH IN THE FEDERAL8 "A MERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS AMENDED.9 T HE DEPARTMENT SHALL EITHER SPEND OR OBLIGATE SUCH10 APPROPRIATION PRIOR TO DECEMBER 30, 2024, AND EXPEND THE11 APPROPRIATION ON OR BEFORE DECEMBER 31, 2026.12 (c) T HE DEPARTMENT SHALL COMPLY WITH THE COMPLIANCE ,13 REPORTING, RECORD-KEEPING, AND PROGRAM EVALUATION14 REQUIREMENTS ESTABLISHED BY THE OFFICE OF STATE PLANNING AND15 BUDGETING AND THE STATE CONTROLLER IN ACCORDANCE WITH SECTION16 24-75-226 (5).17 (2) T HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2027.18 SECTION 8. Effective date. This act takes effect July 1, 2022.19 SECTION 9. Safety clause. The general assembly hereby finds,20 determines, and declares that this act is necessary for the immediate21 preservation of the public peace, health, or safety.22 SB22-213 -12-