LAWRENCE J. HOGAN, JR., Governor Ch. 207
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Chapter 207
(Senate Bill 480)
AN ACT concerning
State Department of Education – Child Care Stabilization Grant Program and
Child Care Expansion Grant Program – Established Grants
FOR the purpose of establishing the Child Care Stabilization Grant Program and the Child
Care Expansion Grant Program in the State Department of Education; and generally
relating to the Child Care Stabilization Grant Program and the Child Care
Expansion Grant Program requiring the State Department of Education to
administer stabilization grants to child care providers in a certain fiscal year;
providing for the priority of grant awards; and generally relating to child care
stabilization grants.
BY adding to
Article – Education
Section 9.5–115 and 9.5–116
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Education
9.5–115.
(A) IN THIS SECTION, “PROGRAM” MEANS THE CHILD CARE STABILIZATION
GRANT PROGRAM.
(B) (1) THERE IS A CHILD CARE STABILIZATION GRANT PROGRAM IN
THE DEPARTMENT .
(2) THE PURPOSE OF THE PROGRAM IS TO PROVIDE FINANCIAL
SUPPORT TO LICENSED CHILD CARE PROVIDERS IN THE STATE THAT ARE IN
DANGER OF CLOSING IN THE NEXT 12 MONTHS DUE TO FINANC IAL HARDSHIP.
(C) (1) THE DEPARTMENT SHALL DEVE LOP:
(I) ELIGIBILITY CRITERIA ;
(II) APPLICATION PROCEDURE S;
Ch. 207 2022 LAWS OF MARYLAND
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(III) A FORMULA FOR DETERM INING GRANT AWARD AM OUNTS;
AND
(IV) A PROCESS TO AWARD GRA NTS TO ELIGIBLE CHIL D CARE
PROVIDERS.
(D) (1) THE DEPARTMENT SHALL AWAR D GRANTS TO ELIGIBLE CHILD
CARE PROVIDERS NOT M ORE THAN 3 MONTHS AFTER A GRANT APPLICATION IS
RECEIVED BY THE DEPARTMENT .
(2) AN ANNUAL AWARD FROM THE PROGRAM FOR EACH ELIG IBLE
CHILD CARE PROVIDER SHALL BE:
(I) NOT LESS THAN $1,000; AND
(II) NOT MORE THAN $35,000.
(3) IN DETERMINING AWARD AMOUNTS, THE DEPARTMENT SHALL
USE PROVIDER CAPACIT Y AS A KEY CRITERIA.
(E) THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN
APPROPRIATION TO THE PROGRAM.
(F) (1) A RECIPIENT OF AN AWAR D UNDER THE PROGRAM MAY NOT
RECEIVE AN AWARD UND ER THE CHILD CARE EXPANSION GRANT PROGRAM UNDER
§ 9.5–116 OF THIS SUBTITLE IN THE SAME YEAR .
(2) A RECIPIENT OF AN AWAR D UNDER THE PROGRAM MAY NOT
RECEIVE AN AWARD UND ER THE PROGRAM OR UNDER THE CHILD CARE EXPANSION
GRANT PROGRAM UNDER § 9.5–116 OF THIS SUBTITLE FOR MORE THAN 5
CONSECUTIVE YEA RS.
(G) THE DEPARTMENT SHALL ADOP T REGULATIONS TO IMP LEMENT THIS
SECTION.
9.5–116.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “PROGRAM” MEANS THE CHILD CARE EXPANSION GRANT
PROGRAM.
(3) “COSTS” INCLUDE: LAWRENCE J. HOGAN, JR., Governor Ch. 207
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(I) STAFF TRAINING;
(II) BACKGROUND CHECK FEES ;
(III) CLEANING SUPPLIES ;
(IV) EDUCATIONAL SUPPLIES ; AND
(V) CAPITAL OR FACILITY I MPROVEMENT COSTS .
(B) (1) THERE IS A CHILD CARE EXPANSION GRANT PROGRAM IN THE
DEPARTMENT .
(2) THE PURPOSE OF THE PROGRAM IS TO INCREAS E ACCESS AND
AVAILABILITY OF LICE NSED CHILD CARE PROV IDERS IN THE STATE BY PROVIDING
FINANCIAL ASSISTANCE TO NEW OR EXISTING C HILD CARE PROVIDERS .
(C) A GRANT AWARD FROM THE PROGRAM MAY BE USED F OR COSTS
ASSOCIATED WITH THE EXPANSION OF AN EXIS TING CHILD CARE PROG RAM OR TO
ASSIST WITH THE CREA TION OF A NEW CHILD CARE PROGRAM .
(D) THE DEPARTMENT SHALL DEVE LOP:
(1) ELIGIBILITY CRITERIA ;
(2) APPLICATION PROCEDURE S;
(3) A FORMULA FOR DETERMIN ING GRANT AWARD AMOU NTS; AND
(4) A PROCESS TO AWARD GRA NTS TO NEW OR EXISTI NG CHILD CARE
PROVIDERS WHO MEET T HE ELIGIBILITY CRITE RIA FOR THE PROGRAM.
(E) (1) THE DEPARTMENT SHALL AWAR D GRANTS NOT MORE TH AN 3
MONTHS AFTER A GRANT APPLICATION IS RECEI VED BY THE DEPARTMENT .
(2) AN ANNUAL AWARD FROM THE PROGRAM FOR EACH ELIG IBLE
CHILD CARE PROVIDER SHALL BE:
(I) NOT LESS THAN $3,000; AND
(II) NOT MORE THAN $50,000.
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(F) THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN
APPROPRIATION TO THE PROGRAM.
(G) (1) A RECIPIENT OF AN AWAR D UNDER THE PROGRAM MAY NOT
RECEIVE AN AWARD UND ER THE CHILD CARE STABILIZATION GRANT PROGRAM
UNDER § 9.5–115 OF THIS SUBTITLE IN THE SAME YEAR .
(2) A RECIPIENT OF AN AWAR D UNDER THE PROGRAM MAY NOT
RECEIVE AN AWARD UND ER THE PROGRAM OR UNDER THE CHILD CARE
STABILIZATION GRANT PROGRAM UNDER § 9.5–115 OF THIS SUBTITLE FOR MORE
THAN 5 CONSECUTIVE YEARS .
(H) THE DEPARTMENT SHALL ADOP T REGULATIONS TO IMP LEMENT THIS
SECTION.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2022.
(a) In fiscal years 2022 and 2023, the State Department of Education shall
administer child care stabilization grants to provide financial support to child care
providers that have faced a financial hardship or suffered an operational burden during the
COVID–19 pandemic.
(b) In awarding grants under this section, the State Department of Education
shall give preference to child care providers based on the following criteria, in order of
priority:
(1) providers that have a demonstrated financial hardship that poses
significant risk of the provider’s business closing within the next 12 months;
(2) providers that have not received a stabilization grant in a prior
application cycle;
(3) providers that participate in the Child Care Scholarship Program;
(4) providers located in areas designated by the State Department of
Education as lacking child care slots;
(5) providers that serve primarily low–income populations in areas of high
poverty;
(6) providers that serve children with special needs; and
(7) providers that serve children 2 years old and under.
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(c) The State Department of Education shall award grants to child care providers
in accordance with this section in the amount of $50,000,000 for the remainder of fiscal
year 2022 and in the amount provided for such purpose in the fiscal year 2023 operating
budget, as enacted by Chapter ___ of the Acts of the General Assembly of 2022 (S.B. 290).
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergenc y
measure, is necessary for the immediate preservation of the public health or safety, has
been passed by a yea and nay vote supported by three–fifths of all the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it is
enacted.
Approved by the Governor, April 21, 2022.