Welfare and Institutions Code § 10310.2

10310.2.

(a) Subject to an appropriation made by the Legislature for this purpose, the department shall administer and implement a program for disaster-related infrastructure grants, in accordance with the requirements, conditions, and allowable uses established by the applicable funding source, to support childcare facilities that are listed in subdivision (b) and that are impacted by a state-or federally declared disaster.

(b) The department shall award the disaster-related infrastructure grants described in subdivision (a) on a competitive or noncompetitive basis, as determined by the department and in accordance with this section, to any of the following:

(1) A childcare center or family childcare home serving children through an alternative payment program pursuant to Chapter 3 (commencing with Section 10225).

(2) A childcare center or family childcare home serving children in a migrant childcare and development program pursuant to Chapter 6 (commencing with Section 10235).

(3) A childcare center or family childcare home serving children through a California state preschool program pursuant to Article 2 (commencing with Section 8207) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code.

(4) A childcare center or family childcare home serving children through a general childcare and development program pursuant to Chapter 7 (commencing with Section 10240).

(5) A family childcare home serving children pursuant to Chapter 8 (commencing with Section 10250).

(6) An entity providing childcare and development services for children with special needs pursuant to Chapter 9 (commencing with Section 10260).

(7) A childcare center or family childcare home serving children through a CalWORKs Stage 1, Stage 2, or Stage 3 program pursuant to Chapter 21 (commencing with Section 10370).

(8) A childcare center or family childcare home serving children through the Emergency Child Care Bridge Program for Foster Children pursuant to Section 11461.6.

(9) Any licensed childcare facility, or a tribal childcare program operating pursuant to tribal law or regulations, that provides services in an area impacted by a state- or federally declared disaster.

(c) The department shall award disaster-related infrastructure grants in accordance with funding received for either of the following purposes:

(1) Renovation and repair of existing childcare facilities that have been damaged or otherwise impacted as a result of a state- or federally declared disaster.

(2) Repair or replacement of materials, supplies, furnishings, outdoor play spaces, and nonfixed equipment that have been damaged, destroyed, or otherwise impacted as a result of a state- or federally declared disaster.

(d) The department shall award grants to applicants based on criteria, as established by the department, in a manner consistent with this section. The department shall release guidance to the public outlining the criteria for grant awards and the application process.

(e) The department shall give priority based on criteria established by the department for grant funding, which may include prioritizing applicants that are currently serving subsidized children in facilities described in subdivision (b) and who are not eligible for federal funding for these purposes.

(f) The department shall determine the appropriate grant amount for each grantee, based on factors that include, but are not limited to, the scope of the project, regional costs, the use of universal design to provide inclusive environments, the need to meet licensing requirements or health and safety standards, and the proportion of children receiving subsidies to be served.

(g) The department shall establish the terms and conditions associated with accepting the infrastructure grant funds awarded pursuant to this section.

(h) The grant program shall offer technical assistance to potential applicants before being awarded a grant, including, but not limited to, project development support and financial expertise, including assistance with coordinating financing from multiple sources.

(i) Disaster-related infrastructure grant recipients shall provide program data to the department, as specified by the department, and shall participate in overall program evaluation.

(j) The department, with the concurrence of the Department of Finance, may establish an appropriate method, process, and structure for grant management, fiscal accountability, and technical assistance and supports for grantees that ensure transparency and accountability in the use of state funds. The department, at its discretion, may set aside a percentage of the amounts appropriated for the program to contract with one or more community development financial intermediaries, state financial entities, or other community-based organizations for these purposes.

(k) For purposes of this section, the following definitions apply:

(1) “Disaster-related infrastructure grant” means an infrastructure grant made available to, at least in part, support a childcare facility for either of the purposes identified in subdivision (c), following the declaration of a state- or federally declared disaster.

(2) “State- or federally declared disaster” means a circumstance in which a childcare and development provider or preschool provider is operating subject to an emergency or major disaster declaration by the President of the United States pursuant to the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), or subject to an emergency proclamation by the Governor, on behalf of the impacted local government, as authorized pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code). A “state- or federally declared disaster” may include, but is not limited to, a fire, flood, earthquake, or period of civil unrest, subject to the conditions described in this subdivision.

(l) A grantee that receives funds under this section shall use these funds to supplement, and not supplant, other federal, state, and local public funds expended for these purposes.

(m) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section by means of all-county letters or similar instructions.