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HOUSE DOCKET, NO. 2651        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 476


The Commonwealth of Massachusetts



Jeffrey Sánchez


To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to early education and out of school time capital fund .






Jeffrey Sánchez

15th Suffolk

Cory Atkins

14th Middlesex

Katherine M. Clark

Fifth Middlesex

Marjorie C. Decker

25th Middlesex

Ann-Margaret Ferrante

5th Essex

Sean Garballey

23rd Middlesex

Jonathan Hecht

29th Middlesex

Peter V. Kocot

1st Hampshire

Paul McMurtry

11th Norfolk

Michael O. Moore

Second Worcester

Tom Sannicandro

7th Middlesex

Bruce E. Tarr

First Essex and Middlesex

Steven M. Walsh

11th Essex

Martha M. Walz

8th Suffolk

Kay Khan

11th Middlesex

Stephen L. DiNatale

3rd Worcester

Alice Hanlon Peisch

14th Norfolk

Denise Provost

27th Middlesex

HOUSE DOCKET, NO. 2651        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 476

By Mr. Sánchez of Boston, a petition (accompanied by bill, House, No. 476) of Jeffrey Sánchez and others relative to funding for improvements to early education child care facilities.  Education. 


The Commonwealth of Massachusetts



In the Year Two Thousand Thirteen



An Act relative to early education and out of school time capital fund .


              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

              SECTION 1. (a) Traditional community development investments create affordable housing, workforce development and an array of services for low income residents of the Commonwealth.  It is in the interest of the Commonwealth to expand the community development infrastructure to include facilities for early childhood education and out-of-school time programs.  An investment with a focus on the safety, health and education of young children is crucial to development of human capital, an essential component of effective community development. 

              Without child care, parents cannot work.  Without high quality child care, disadvantaged children cannot thrive because deprivation and stress in early childhood interfere with healthy development and learning. Children need high quality education in physical environments that support their wellbeing, and a well-designed, suitably equipped facility is a key element in program quality. Creating space for high quality education and care is critical to the Commonwealth’s ability to expand those interventions that reduce the achievement gap, decrease the need for special education, improve health outcomes, and lead to better lives, lower crime, and reduced social costs.

              As used in this chapter the following words shall unless the context clearly requires otherwise, have the following meanings:

              “Department” is defined as the Department of Housing and Community Development.

              “EEC” is defined as the Department of Early Education and Care.

              “Eligible Project” is defined as the acquisition design, construction, repair, renovation, rehab, or other capital improvement or deferred maintenance of an eligible facility.

              For each project funded, each project shall meet the following findings:

              The project is an eligible project

              There is a demonstrated need for the project

              The project benefits low income children and the community it serves

              There is a financial need for the loan or grant

              There is local support

              “Eligible Facility” is defined as a building, structure or site that is, or will be, owned, leased, or otherwise used by 1 or more Eligible Organization(s) and licensed by EEC.  At least 25% of  the slots in the facility shall  serve low income families who are eligible for public subsidy.  Leased facilities shall have a lease term that is consistent with the scale of the capital investment.

              Municipally owned buildings are eligible provided that there is dedicated single purpose space for licensed early education or out of school time programs.

              “Eligible Organization” is defined as a non-profit corporation that is exempt from income taxation pursuant to Chapter 180 of the General Laws or organizations in which such nonprofit corporations have a controlling financial or managerial interest,

              “Grant” is a direct grant of capital funds to an applicant for payment of the costs of an eligible project.

              “Loan” is a direct loan of capital funds to an applicant to finance a portion of the cost of an eligible project.

              SECTION 2.  There shall be within the department a separate fund to be known as the Early Education and Out of School Time Capital Fund.  The department shall administer the fund for the purpose of making grants or loans for the development of Eligible Facilities for licensed early care and education and out of school time programs; provided, that the grant or loan program shall be administered by the department through contracts with the Community Economic Development Assistance Corporation established in Chapter 40H of the General Laws, provided further that the agency may develop or finance Eligible Facilities, or may enter into subcontracts with nonprofit organizations established pursuant to Chapter 180 of the General Laws , or organizations in which such nonprofit corporations have a controlling financial or managerial interest; provided further that the department shall:

              (1) consider a balanced geographic plan for such Eligible Facilities when issuing the funding commitments; (2) that the department shall consider funding large group and school age child care centers  as defined by the department of early education and care ; (3) that the services made available pursuant to such loans or grants shall not be construed as a right or entitlement for any individual or class of persons to the benefits financing;  provided further that no expenditure shall be made from this item without the prior approval of the secretary for administration and finance; provided further that eligibility shall be established by regulations promulgated by the department; pursuant to chapter 30A for the General Laws for the implementation , administration and enforcement of this item………………………………………………………………………………………………..………$45,000,000.

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