Code of Massachusetts Regulations › 606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE › Title 606 CMR 15.00 - Early Education and Out of School Time Capital Fund Program › Section 15.02 - Definitions

Current through Register 1525, July 5, 2024
The following definitions will apply to the EEOST Capital Fund
				program:
CEDAC
. Community Economic Development
				Assistance Corporation, established by M.G.L. c. 40H.
EEC
. The Department of Early Education
				and Care.
EEOST Fund Guidelines
. Guidelines
				issued by EEC setting out, clarifying, and further explaining EEOST Capital
				Fund program policies and procedures. The EEOST Capital Fund Guidelines shall
				apply to all EEOST Grants.
EEOST Grant
. A direct grant of capital
				funds to an Eligible Organization for payment or reimbursement of the costs of
				an Eligible Project.
Eligible Facility
. A building or
				structure that is, or will be, owned or leased by one or more Eligible
				Organizations and licensed by EEC, provided that:
(a) at least 50% of the slots in the facility
			 shall serve Low-income Families;
(b) a leased facility shall be leased from a
bona fide
third-party, not from an entity affiliated in any
			 way with the Eligible Organization, and shall have a lease term that is
			 consistent with the scale of the capital investment, but not be less than 15
			 years from the date of completion of the Eligible Project; and
(c) the facility shall meet all of the
			 requirements of
			 606
			 CMR 15.03.
Eligible Organization.
A nonprofit
				corporation formed under M.G.L. c. 180 and exempt from federal income tax under
				Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or an
				organization in which a nonprofit corporation has a controlling financial or
				managerial interest, and its approved successors and assigns. In all
				organizations where more than one party has a beneficial interest, the names
				and addresses of all individuals or entities holding any beneficial interest
				must be disclosed, as well the percentage of beneficial interest held by each
				interest holder and each interest holder's status as either a nonprofit or
				for-profit corporation, individual or other type of entity. In addition, the
				organizational documents of any Eligible Organization that is not a nonprofit
				corporation must be provided, along with a narrative describing the manner in
				which a nonprofit corporation has a controlling financial or managerial
				interest. An Eligible Organization must also demonstrate, to the satisfaction
				of EEC:
(a) the capability of managing
			 all of its responsibilities in carrying out the Eligible Project and operating
			 the Eligible Facility; and
(b) that
			 none of its members, shareholders, officers, employees, or members of its board
			 of directors can profit, in any way, from EEOST Capital Fund
			 assistance.
An Eligible Organization must, at the time of application or,
				if applicable, -Pre-application, be currently licensed by EEC and providing
				early care and education or out of school time care for low-income families who
				are eligible for public subsidy.
Eligible Project
. The acquisition,
				design, construction, repair, renovation, recovery from a natural or man-made
				disaster, rehabilitation, or other capital improvement or deferred maintenance
				of an Eligible Facility. Eligible Projects shall reflect cost-effective design,
				material, and finish decisions consistent with good architectural and
				engineering practice, high quality construction, and shall satisfy the
				requirements of EEC.
Financial Intermediary
. A quasi-public
				or nonprofit organization including, but not limited to, CEDAC, selected by EEC
				to administer the EEOST Capital Fund program in accordance with M.G.L. c. 15D,
				§ 18(c).
Financially Feasible Project
. An
				Eligible Project that is likely to secure binding financial commitments from
				other funding sources which, together with the EEOST Grant described in the
				Financing Commitment, total the amount reflected in the estimated budget
				necessary to acquire, design, construct, repair, renovate, recover from a
				natural or man-made disaster, rehabilitate, make other capital improvements, or
				perform deferred maintenance to the Eligible Facility (as approved by EEC, as
				is recommended by the Financial Intermediary).
Financing Commitment
. A binding
				written commitment from EEC and/or the Financial Intermediary to fund an EEOST
				Grant.
Full Application
. An application for
				an EEOST Grant, in the format specified by the EEOST Fund Guidelines, which
				shall include, among other things, a description of a proposed Eligible Project
				and all proposed financing sources and uses. For grants over $500,000, only
				those Applicants who have submitted a Pre-application for EEOST Grant funding
				and have been invited by EEC to submit a Full Application shall be permitted to
				submit a Full Application and be considered for an EEOST Capital Fund
				Grant.
Land Use Restriction
. A restriction
				entered into by the owner or tenant, as applicable, of an Eligible Facility for
				the benefit of EEC and/or its Financial Intermediary restricting such Eligible
				Facility to use as an EEC licensed early education or out of school time
				program in which at least 50% of the slots shall serve Low-income Families.
				Such agreement, as further described in
				606
				CMR 15.04(2)(e) and the
				EEOST Fund Guidelines, shall include such terms and conditions as are required
				to be imposed under M.G.L. c. 15D, § 18, EEOST Fund Guidelines or any
				other EEC policies or requirements. The Land Use Restriction shall be recorded
				and/or registered in the Registry of Deeds and/or Registry District of the Land
				Court where the Eligible Facility is located. The Land Use Restriction shall
				run with the land for the full original term of the Grant, as set forth in
				606
				CMR 15.04(2)(c), even if the
				Grant is voluntarily fully repaid early.
Low-income Family
. A family that meets
				one of the following criteria:
(a) the
			 family meets EEC child care financial assistance income eligibility guidelines
			 of 50% to up to 85% of state median income (SMI), depending on activity
			 requirements;
(b) the family meets
			 Head Start income eligibility guidelines; or
(c) the family is receiving Transitional Aid
			 to Families with Dependent Children (TAFDC), Supplemental Security Income
			 Benefits (SSI) or any other Public Subsidy, as further defined in the EEOST
			 Program Guidelines.
Pre-application
. A Pre-application may
				be required in order to be considered for an EEOST Grant. The purpose of the
				Pre-application is to determine if applicants meet a certain minimum threshold,
				as set forth in the EEOST Program Guidelines, prior to submitting a Full
				Application. For grants for which ECC determines a Pre-Application is required,
				only those entities that have been reviewed and deemed eligible to apply by EEC
				will receive an Invitation to Apply and submit a Full Application.
Program Design
. A document that a
				designer/architect may use to create the design or plans for the design of an
				Eligible Facility. It shall include, but not be limited to, type of facility;
				number of classrooms and other licensed activity areas, including information
				on the number of children and age groups using a particular space and the
				design requirements for each classroom and other licensed areas; a list of
				specialized classroom and support areas including, but not limited to,
				bathrooms, kitchen or other food preparation area, teachers' break area, and
				storage areas; and the security measures to safeguard the facility and its
				occupants, the hours of operation; and any public access or community use. The
				Program Design shall also include the gross and net square footage of the
				Eligible Facility and, in the case of an expansion, the gross and net square
				footage of the existing facility and the proposed expansion. The Program Design
				shall comply with all applicable EEC physical space requirements found in
				606 CMR
				7.00:
Standards for the Licensure or Approval
				of Family Child Care; Small Group and School Age and Large Group and School Age
				Child Care Programs
and policies adopted thereunder and with 780 CMR:
The Massachusetts State Building Code
.
Public Subsidy
. Economic assistance
				provided to low-income families by any federal, state, or local government
				entity or any quasi-governmental entity. Public subsidies may take the form of
				direct monetary payments, vouchers, services, tax credits or other benefits
				that assist in provision of necessities including, but not limited to, food,
				housing, health care, child care, or education.
Slots
. The number of children who may
				be enrolled in the care of an early education or out of school time program
				licensed by EEC.
Total Development Costs
. Total hard
				and soft costs of developing an Eligible Project, including the costs to
				acquire (including site acquisition), design, construct, repair, renovate,
				rehabilitate, recover from a natural or man-made disaster, make other capital
				improvements, perform deferred maintenance, and finance the Eligible Project,
				as set forth in EEOST Program Guidelines.