§ 410-ccc. Child day care facility development. 1. Notwithstanding any
other provision of law, of the moneys appropriated to the department in
section one of chapter fifty-four of the laws of nineteen hundred
ninety-four, enacting the capital projects budget, four million seven
hundred fifty thousand dollars shall be available as follows: seven
hundred fifty thousand dollars for child care project development grants
and related administrative expenses; the remaining four million dollars
shall be available for the child care facilities construction program as
defined in section sixteen-g of the urban development corporation act;
of this amount, no less than three million dollars shall be available
for child care construction grants and related administrative expenses
and any remaining funds may be available for child care construction
revolving loans and loan guarantees, and related administrative
expenses. The amounts available for the child care facilities
construction program, as defined in section sixteen-g of the urban
development corporation act, shall be suballocated to the urban
development corporation pursuant to this section.

Up to five percent of the moneys available pursuant to this
subdivision may be used for payments to the department or other state
agencies or authorities, and the urban development corporation for
administrative expenses required to develop requests for proposals and
to approve contracts for child care construction projects pursuant to
this section and/or section sixteen-g of the urban development
corporation act. The director of the division of the budget shall
approve such payments.

2. Child care project development grants. The department shall develop
a request for proposals to provide grants to not-for-profit
organizations, including, but not limited to, child care resource and
referral programs, local development corporations, neighborhood
preservation companies and rural preservation companies as defined in
section nine hundred two of the private housing finance law, to support
pre-development planning, management, and coordination of activities,
leading to the development of child day care centers in under-served
areas meeting the needs of low-income working families. Such activities
may include: (a) design studies and services and other development or
redevelopment work in connection with the design and development of
child day care centers; and (b) studies, surveys or reports, including
preliminary planning studies to assess a particular site or sites or
facility or facilities for the development of child day care centers.

(c) In determining grants to be awarded, the department shall consider
the following: (i) that a not-for-profit organization applying for a
grant under this subdivision is a bonafide organization which shall have
demonstrated by its immediate past and current activities its ability to
lead or to assist in the development of projects, such as child day care
centers meeting the needs of low-income families; (ii) the need for day
care centers in the area; (iii) the potential viability for a child day
care center to succeed in the area; and (iv) such other matters as the
department determines necessary.

(d) Grants shall be awarded to eligible entities where the department
identifies an insufficient supply of child day care programs. Grants
awarded pursuant to the request for proposals shall not exceed
seventy-five thousand dollars per project.

3. Child care construction grants. (a) The child care construction
grants awarded pursuant to this section and section sixteen-g of the
urban development corporation act shall be available for not-for-profit
child care facilities construction projects owned or to be owned by
not-for-profit corporations for use as child day care centers that will
be duly approved, licensed, inspected, supervised, and regulated as may
be determined to be necessary and appropriate by the department, except
that with respect to child day care centers located in the city of New
York, such child day care centers will be duly approved, licensed,
inspected, supervised, and regulated as may be determined to be
necessary and appropriate by the commissioner of the department of
health of the city of New York.

(b) Grants shall be made through contracts to not-for-profit
corporations for child care facilities construction projects pursuant to
a request for proposal process jointly developed by the department and
the urban development corporation in consultation with the department of
economic development. The department shall receive, initially review,
and assess applications to determine which projects should be referred
to the urban development corporation and to rank by groups, the referred
projects according to the capacity of such projects to meet identified
needs for child day care. In assessing such applications, the department
shall consider: (i) the need for day care services in the area; (ii) the
potential viability for a child day care center to succeed in the area;
(iii) the qualifications of the proposed provider to operate a child
care center; (iv) the potential for meeting applicable regulatory
requirements; (v) the appropriateness of the site for licensing as a day
care center and (vi) such other matters as the department determines
necessary.

(c) Upon the timely completion of the department's initial review and
selection of applications meeting criteria, the department shall
immediately submit such selected applications and the group rankings of
such applications to the urban development corporation which, in
consultation with the department of economic development, shall select
award recipients. No later than upon submission of the selected
applications, the department shall also suballocate all moneys
appropriated for such purposes to such corporation.

4. Programs conducted pursuant to this section of law are limited to
the amounts appropriated therefor.