MD
Maryland House Bill HB993

Maryland 2022 Regular Session

Maryland House Bill HB993 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 466
21
3-– 1 –
4-Chapter 466
5-(House Bill 993)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0993*
810
9-Child Care Capital Support Revolving Loan Fund – Established
11+HOUSE BILL 993
12+F5 (2lr1451)
13+ENROLLED BILL
14+— Ways and Means and Appropriations/Budget and Taxation and Education, Health,
15+and Environmental Affairs —
16+Introduced by Delegates Ebersole and Solomon
1017
11-FOR the purpose of establishing the Child Care Capital Support Revolving Loan Fund as
12-a special, nonlapsing fund; requiring interest earnings of the Fund to be credited to
13-the Fund; requiring the State Department of Education Department of Commerce to
14-administer the Fund with support from the State Department of Education;
15-requiring the Department of Commerce to publicize the availability of loans from the
16-Fund; and generally relating to the Child Care Capital Support Revolving Loan
17-Fund.
18+Read and Examined by Proofreaders:
1819
19-BY repealing and reenacting, without amendments,
20- Article – Education
21-Section 1–101(a) and (f)
22- Annotated Code of Maryland
23- (2018 Replacement Volume and 2021 Supplement)
20+_______________________________________________
21+Proofreader.
22+_______________________________________________
23+Proofreader.
2424
25-BY repealing and reenacting, with amendments,
26- Article – Education
27-Section 9.5–907
28- Annotated Code of Maryland
29- (2018 Replacement Volume and 2021 Supplement)
25+Sealed with the Great Seal and presented to the Governor, for h is approval this
3026
31-BY adding to
32- Article – Education
33-Section 9.5–909 9.5–113.1
34- Annotated Code of Maryland
35- (2018 Replacement Volume and 2021 Supplement)
27+_______ day of _______________ at ________________________ o’clock, ________M.
3628
37-BY repealing and reenacting, without amendments,
38- Article – State Finance and Procurement
39-Section 6–226(a)(2)(i)
40- Annotated Code of Maryland
41- (2021 Replacement Volume)
29+______________________________________________
30+Speaker.
4231
43-BY repealing and reenacting, with amendments,
44- Article – State Finance and Procurement
45-Section 6–226(a)(2)(ii)144. and 145.
46- Annotated Code of Maryland
47- (2021 Replacement Volume)
32+CHAPTER ______
4833
49-BY adding to Ch. 466 2022 LAWS OF MARYLAND
34+AN ACT concerning 1
5035
51-– 2 –
52- Article – State Finance and Procurement
53- Section 6–226(a)(2)(ii)146.
54- Annotated Code of Maryland
55- (2021 Replacement Volume)
36+Child Care Capital Support Revolving Loan Fund – Established 2
5637
57- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
58-That the Laws of Maryland read as follows:
38+FOR the purpose of establishing the Child Care Capital Support Revolving Loan Fund as 3
39+a special, nonlapsing fund; requiring interest earnings of the Fund to be credited to 4
40+the Fund; requiring the State Department of Education Department of Commerce to 5
41+administer the Fund with support from the State Department of Education; 6
42+requiring the Department of Commerce to publicize the availability of loans from the 7
43+Fund; and generally relating to the Child Care Capital Support Revolving Loan 8
44+Fund. 9
5945
60-Article – Education
46+BY repealing and reenacting, without amendments, 10
47+ Article – Education 11
48+Section 1–101(a) and (f) 12
49+ Annotated Code of Maryland 13 2 HOUSE BILL 993
6150
62-1–101.
6351
64- (a) In this article, unless the context requires otherwise, the following words have
65-the meanings indicated.
52+ (2018 Replacement Volume and 2021 Supplement) 1
6653
67- (f) “Department” means the State Department of Education.
54+BY repealing and reenacting, with amendments, 2
55+ Article – Education 3
56+Section 9.5–907 4
57+ Annotated Code of Maryland 5
58+ (2018 Replacement Volume and 2021 Supplement) 6
6859
69-9.5–907.
60+BY adding to 7
61+ Article – Education 8
62+Section 9.5–909 9.5–113.1 9
63+ Annotated Code of Maryland 10
64+ (2018 Replacement Volume and 2021 Supplement) 11
7065
71- Priority in providing awards under §§ 9.5–902 THROUGH 9.5–906 OF this subtitle
72-shall be given to child care providers or programs that published a quality rating level of 2
73-in the Maryland EXCELS Program on or before June 30, 2022.
66+BY repealing and reenacting, without amendments, 12
67+ Article – State Finance and Procurement 13
68+Section 6–226(a)(2)(i) 14
69+ Annotated Code of Maryland 15
70+ (2021 Replacement Volume) 16
7471
75-9.5–909. 9.5–113.1.
72+BY repealing and reenacting, with amendments, 17
73+ Article – State Finance and Procurement 18
74+Section 6–226(a)(2)(ii)144. and 145. 19
75+ Annotated Code of Maryland 20
76+ (2021 Replacement Volume) 21
7677
77- (A) (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE MEANINGS
78-INDICATED.
78+BY adding to 22
79+ Article – State Finance and Procurement 23
80+ Section 6–226(a)(2)(ii)146. 24
81+ Annotated Code of Maryland 25
82+ (2021 Replacement Volume) 26
7983
80- (2) “FUND” MEANS THE CHILD CARE CAPITAL SUPPORT REVOLVING
81-LOAN FUND.
84+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
85+That the Laws of Maryland read as follows: 28
8286
83- (3) “RURAL COMMUNITY ” HAS THE MEANING STAT ED IN § 2–207 OF
84-THE STATE FINANCE AND PROCUREMENT ARTICLE.
87+Article – Education 29
8588
86- (B) THERE IS A CHILD CARE CAPITAL SUPPORT REVOLVING LOAN FUND.
89+1–101. 30
8790
88- (C) THE PURPOSE OF THE FUND IS TO PROVIDE NO –INTEREST LOANS FOR
89-CAPITAL EXPENSES TO CHILD CARE PROVIDERS WHO PARTICIPATE IN T HE CHILD
90-CARE SCHOLARSHIP PROGRAM UNDER § 9.5–113 OF THIS TITLE SUBTITLE.
91+ (a) In this article, unless the context requires otherwise, the following words have 31
92+the meanings indicated. 32
9193
92- (D) THE DEPARTMENT OF COMMERCE SHALL ADMINISTER THE FUND WITH
93-SUPPORT FROM THE DEPARTMENT .
94+ (f) “Department” means the State Department of Education. 33
9495
95- (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
96-SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE THAT LAWRENCE J. HOGAN, JR., Governor Ch. 466
96+9.5–907. 34
97+ HOUSE BILL 993 3
9798
98-– 3 –
99-SHALL BE AVAILABLE I N PERPETUITY FOR THE P URPOSE OF PROVIDING LOANS IN
100-ACCORDANCE WITH THE PROVISIONS OF THIS S ECTION.
10199
102- (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
103-AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
100+ Priority in providing awards under §§ 9.5–902 THROUGH 9.5–906 OF this subtitle 1
101+shall be given to child care providers or programs that published a quality rating level of 2 2
102+in the Maryland EXCELS Program on or before June 30, 2022. 3
104103
105- (F) THE FUND CONSISTS OF :
104+9.5–909. 9.5–113.1. 4
106105
107- (1) MONEY APPROPRIATE D IN THE STATE BUDGET TO THE FUND;
106+ (A) (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE MEANINGS 5
107+INDICATED. 6
108108
109- (2) ANY INTEREST EARNINGS OF THE FUND;
109+ (2) “FUND” MEANS THE CHILD CARE CAPITAL SUPPORT REVOLVING 7
110+LOAN FUND. 8
110111
111- (3) REPAYMENTS OF PRINCIP AL AND INTEREST FROM LOANS MADE
112-FROM THE FUND; AND
112+ (3) “RURAL COMMUNITY ” HAS THE MEANING STAT ED IN § 2–207 OF 9
113+THE STATE FINANCE AND PROCUREMENT ARTICLE. 10
113114
114- (4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
115-THE BENEFIT OF THE FUND.
115+ (B) THERE IS A CHILD CARE CAPITAL SUPPORT REVOLVING LOAN FUND. 11
116116
117- (G) (1) THE FUND MAY BE USED ONLY T O PROVIDE NO–INTEREST LOANS
118-TO CHILD CARE PROVID ERS FOR CAPITAL EXPE NSES RELATED TO A CH ILD CARE
119-FACILITY, INCLUDING:
117+ (C) THE PURPOSE OF THE FUND IS TO PROVIDE NO –INTEREST LOANS FOR 12
118+CAPITAL EXPENSES TO CHILD CARE PROVIDERS WHO PARTICIPATE IN T HE CHILD 13
119+CARE SCHOLARSHIP PROGRAM UNDER § 9.5–113 OF THIS TITLE SUBTITLE. 14
120120
121- (I) ACQUISITION;
121+ (D) THE DEPARTMENT OF COMMERCE SHALL ADMINISTER THE FUND WITH 15
122+SUPPORT FROM THE DEPARTMENT . 16
122123
123- (II) EXPANSION;
124+ (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 17
125+SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE THAT 18
126+SHALL BE AVAILABLE I N PERPETUITY FOR THE PURPOSE OF PROVI DING LOANS IN 19
127+ACCORDANCE WITH THE PROVISIONS OF THIS S ECTION. 20
124128
125- (III) RENOVATIONS; AND
129+ (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 21
130+AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 22
126131
127- (IV) NEW CONSTRUCTION .
132+ (F) THE FUND CONSISTS OF : 23
128133
129- (2) (I) EXCEPT AS PROVIDED IN SUBPARAG RAPH (II) OF THIS
130-PARAGRAPH , CHILD CARE PROVIDERS SHALL REPAY LOANS FR OM THE FUND NOT
131-LATER THAN 5 YEARS AFTER RECEIVIN G A LOAN FROM THE FUND.
134+ (1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 24
132135
133- (II) THE DEPARTMENT OF COMMERCE MAY ESTABLISH A
134-FINANCIAL HARDSHIP E XEMPTION TO ALLOW A CHILD CARE PROVIDER ADDITIONAL
135-TIME TO REPAY A LOAN FROM THE FUND.
136+ (2) ANY INTEREST EARNINGS OF THE FUND; 25
136137
137- (III) IF A HARDSHIP EXEMPTI ON IS NOT GRANTED , THE
138-DEPARTMENT OF COMMERCE SHALL APPLY ITS NORMAL POLICY RE GARDING
139-ASSISTING CHILD CARE PROVIDERS WITH PAST DUE LOAN PAYMENTS .
138+ (3) REPAYMENTS OF PRINCIP AL AND INTEREST FROM LOANS MADE 26
139+FROM THE FUND; AND 27
140140
141- (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND
142-IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. Ch. 466 2022 LAWS OF MARYLAND
141+ (4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 28
142+THE BENEFIT OF THE FUND. 29
143+ 4 HOUSE BILL 993
143144
144-– 4 –
145145
146- (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO
147-THE FUND.
146+ (G) (1) THE FUND MAY BE USED O NLY TO PROVIDE NO –INTEREST LOANS 1
147+TO CHILD CARE PROVID ERS FOR CAPITAL EXPE NSES RELATED TO A CH ILD CARE 2
148+FACILITY, INCLUDING: 3
148149
149- (I) (1) THE DEPARTMENT OF COMMERCE, IN CONSULTATION WITH THE
150-DEPARTMENT , SHALL ESTABLISH APPL ICATION PROCEDURES A ND ELIGIBILITY
151-CRITERIA FOR LOANS F ROM THE FUND, INCLUDING:
150+ (I) ACQUISITION; 4
152151
153- (1) REQUIRING IN ADDITION TO THE R EQUIREMENT THAT A CHILD
154-CARE PROVIDER TO BE A PARTICIPANT IN THE CHILD CARE SCHOLARSHIP
155-PROGRAM UNDER § 9.5–113 OF THIS TITLE; AND SUBTITLE.
152+ (II) EXPANSION; 5
156153
157- (2) GIVING PRIORITY TO CH ILD CARE PROVIDERS T HAT THE
158-DEPARTMENT SHALL PRIO RITIZE APPLICANT CRI TERIA IN THE FOLLOWI NG ORDER
159-WHEN PROVIDING FUNDI NG FROM THE FUND:
154+ (III) RENOVATIONS; AND 6
160155
161- (I) ARE CHILD CARE PROVIDERS THAT ARE LOCATED IN:
156+ (IV) NEW CONSTRUCTION . 7
162157
163- 1. RURAL COMMUNITIES ;
158+ (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 8
159+PARAGRAPH , CHILD CARE PROVIDERS SHALL REPAY LOANS FR OM THE FUND NOT 9
160+LATER THAN 5 YEARS AFTER RECEIVIN G A LOAN FROM THE FUND. 10
164161
165- 2. UNDERSERVED COMMUNITI ES; OR
162+ (II) THE DEPARTMENT OF COMMERCE MAY ESTABLISH A 11
163+FINANCIAL HARDSHIP E XEMPTION TO ALLOW A CHILD CARE PROVIDER ADDITIONAL 12
164+TIME TO REPAY A LOAN FROM THE FUND. 13
166165
167- 3. 2. AREAS DESIGNATED BY T HE DEPARTMENT AS CHILD
168-CARE DESERTS OR AS AREAS LACKING CHILD CARE SLOTS;
166+ (III) IF A HARDSHIP EXEMPTI ON IS NOT GRANTED , THE 14
167+DEPARTMENT OF COMMERCE SHALL APPLY ITS NORMAL POLICY RE GARDING 15
168+ASSISTING CHILD CARE PROVIDERS WITH PAST DUE LOAN PAYMENTS . 16
169169
170- (II) CHILD CARE PROVIDERS THAT ARE LOCATED IN RURAL
171-COMMUNITIES ;
170+ (H) (1) THE STATE TREASURER SHALL INVEST THE MONEY OF THE FUND 17
171+IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 18
172172
173- (III) SERVE CHILD CARE PROVIDERS THAT SERVE PRIMARILY
174-LOW–INCOME POPULATIONS I N AREAS OF HIGH POVE RTY;
173+ (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 19
174+THE FUND. 20
175175
176- (III) (IV) SERVE CHILD CARE PROVIDERS THAT SERVE
177-CHILDREN WITH SPECIA L NEEDS; OR AND
176+ (I) (1) THE DEPARTMENT OF COMMERCE, IN CONSULTATION WITH THE 21
177+DEPARTMENT , SHALL EST ABLISH APPLICATION P ROCEDURES AND ELIGIB ILITY 22
178+CRITERIA FOR LOANS F ROM THE FUND, INCLUDING: 23
178179
179- (IV) (V) SERVE CHILD CARE PROVIDERS THAT SERVE
180-CHILDREN AGES 2 AND YOUNGER .
180+ (1) REQUIRING IN ADDITION TO THE R EQUIREMENT THAT A CHILD 24
181+CARE PROVIDER TO BE A PARTICIPANT IN THE CHILD CARE SCHOLARSHIP 25
182+PROGRAM UNDER § 9.5–113 OF THIS TITLE; AND SUBTITLE. 26
181183
182- (J) THE DEPARTMENT OF COMMERCE SHALL WORK W ITH THE
183-DEPARTMENT TO PUBLICI ZE THE AVAILABILITY OF LOANS FROM THE FUND AND
184-PROVIDE SUPPORT TO C HILD CARE PROVIDERS IN APPLYING FOR LOAN S FROM THE
185-FUND.
184+ (2) GIVING PRIORITY TO CH ILD CARE PROVIDERS T HAT THE 27
185+DEPARTMENT SHALL PRIO RITIZE APPLICANT CRI TERIA IN THE FOLLOWI NG ORDER 28
186+WHEN PROVIDING FUNDI NG FROM THE FUND: 29
186187
187- (K) (1) FOR FISCAL YEAR 2023, THE GOVERNOR SHALL INCLUD E IN THE
188-ANNUAL BUDGET BILL A N APPROPRIATION TO T HE FUND OF $15,000,000. LAWRENCE J. HOGAN, JR., Governor Ch. 466
188+ (I) ARE CHILD CARE PROVIDERS THAT ARE LOCATED IN: 30
189+ HOUSE BILL 993 5
189190
190-– 5 –
191191
192- (2) FOR FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE
193-ANNUAL BUDGET BILL A N APPROPRIATION TO T HE FUND OF $10,000,000.
192+ 1. RURAL COMMUNITIES ; 1
194193
195- (3) FOR FISCAL YEAR 2025, THE GOVERNOR SHALL INCLUD E IN THE
196-ANNUAL BUDGET BILL A N APPROPRIATION TO T HE FUND OF $5,000,000.
194+ 2. UNDERSERVED COMMUNITI ES; OR 2
197195
198-Article – State Finance and Procurement
196+ 3. 2. AREAS DESIGNATED BY T HE DEPARTMENT AS CHILD 3
197+CARE DESERTS OR AS AREAS LACKING CHILD CARE SLOTS; 4
199198
200-6–226.
199+ (II) CHILD CARE PROVIDERS THAT ARE LOCATED IN RURAL 5
200+COMMUNITIES ; 6
201201
202- (a) (2) (i) Notwithstanding any other provision of law, and unless
203-inconsistent with a federal law, grant agreement, or other federal requirement or with the
204-terms of a gift or settlement agreement, net interest on all State money allocated by the
205-State Treasurer under this section to special funds or accounts, and otherwise entitled to
206-receive interest earnings, as accounted for by the Comptroller, shall accrue to the General
207-Fund of the State.
202+ (III) SERVE CHILD CARE PROVIDERS THAT SERVE PRIMARILY 7
203+LOW–INCOME POPULATIONS I N AREAS OF HIGH POVE RTY; 8
208204
209- (ii) The provisions of subparagraph (i) of this paragraph do not apply
210-to the following funds:
205+ (III) (IV) SERVE CHILD CARE PROVIDERS THAT SERVE 9
206+CHILDREN WITH SPECIA L NEEDS; OR AND 10
211207
212- 144. the Health Equity Resource Community Reserve Fund;
213-[and]
208+ (IV) (V) SERVE CHILD CARE PROVIDERS THAT SERVE 11
209+CHILDREN AGES 2 AND YOUNGER . 12
214210
215- 145. the Access to Counsel in Evictions Special Fund; AND
211+ (J) THE DEPARTMENT OF COMMERCE SHALL WORK W ITH THE 13
212+DEPARTMENT TO PUBLICI ZE THE AVAILABILITY OF LOANS FROM THE FUND AND 14
213+PROVIDE SUPPORT TO C HILD CARE PROVIDERS IN APPLYING FOR LOAN S FROM THE 15
214+FUND. 16
216215
217- 146. THE CHILD CARE CAPITAL SUPPORT REVOLVING
218-LOAN FUND.
216+ (K) (1) FOR FISCAL YEAR 2023, THE GOVERNOR SHALL INCLUD E IN THE 17
217+ANNUAL BUDGET BILL A N APPROPRIATION TO T HE FUND OF $15,000,000. 18
219218
220- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
221-1, 2022.
219+ (2) FOR FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE 19
220+ANNUAL BUDGET BILL A N APPROPRIATION TO T HE FUND OF $10,000,000. 20
222221
223-Approved by the Governor, May 16, 2022.
222+ (3) FOR FISCAL YEAR 2025, THE GOVERNOR SHALL INCLUD E IN THE 21
223+ANNUAL BUDGET BILL A N APPROPRIATION TO T HE FUND OF $5,000,000. 22
224+
225+Article – State Finance and Procurement 23
226+
227+6–226. 24
228+
229+ (a) (2) (i) Notwithstanding any other provision of law, and unless 25
230+inconsistent with a federal law, grant agreement, or other federal requirement or with the 26
231+terms of a gift or settlement agreement, net interest on all State money allocated by the 27
232+State Treasurer under this section to special funds or accounts, and otherwise entitled to 28
233+receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 29
234+Fund of the State. 30
235+ 6 HOUSE BILL 993
236+
237+
238+ (ii) The provisions of subparagraph (i) of this paragraph do not apply 1
239+to the following funds: 2
240+
241+ 144. the Health Equity Resource Community Reserve Fund; 3
242+[and] 4
243+
244+ 145. the Access to Counsel in Evictions Special Fund; AND 5
245+
246+ 146. THE CHILD CARE CAPITAL SUPPORT REVOLVING 6
247+LOAN FUND. 7
248+
249+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8
250+1, 2022. 9
251+
252+
253+
254+
255+Approved:
256+________________________________________________________________________________
257+ Governor.
258+________________________________________________________________________________
259+ Speaker of the House of Delegates.
260+________________________________________________________________________________
261+ President of the Senate.