Purpose of Proposed Rules:
The purpose of the rulemaking is to replace regulations originally promulgated by CYFD for purposes of the Child Care Facility Loan Act. Statutory updates transferred the responsibility over this act to ECECD. 8.16.3 NMAC will be replaced with 8.9.9 NMAC. Furthermore, ECECD is promulgating these rules to provide for its own agency regulations as well as to align to the New Mexico Finance Authority (NMFA) standards. NMFA and ECECD, per the Child Care Facility Loan Act, are promulgating these regulations to streamline the loan application process and to facilitate ease of access to the administration and implementation of the Child Care Facility Loan Act.
Summary of Proposed Rules:
In summary, the proposed rule replacement for 8.16.3 NMAC to 8.9.9 NMAC will update regulations to align with amendments made to the Child Care Facility Loan Act, NMSA 1978 § 24-24-1 to -4, made during the 2024 regular legislative session, and to align regulations with NMFA procedures. These rules establish eligibility guidelines, loan application requirements and evaluation procedures for applications for loans to child care providers. Changes made include adding loans for operating capital in addition to safety improvements, updating definitions, setting the minimum requirement for interest rates, and updating requirements for the term of the loan.
Notice of acceptance of written public comment:
Written public comment, including presentation of data, views, or arguments about the proposed rules, from any interested member of the public, may be submitted via email to ECECD-ECS-PublicComment@ECECD.NM.Gov with the subject line “8.9.9 NMAC Public Comment” or via first class mail to P.O. Drawer 5619, Santa Fe, New Mexico 87502 – 5619.
Written comments may be delivered to the Old PERA building at 1120 Paseo De Peralta on December 6, 2024, from 9:00 a.m. to 10:00 a.m. The deadline to submit comments is at the end of the public hearing on December 6, 2024.
Public Rule Hearing:
As part of the amendment process, ECECD will hold a public rule hearing for the proposed amendments on December 6, 2024, from 9 a.m. to 10 a.m.
The hearing will be held in Apodaca Hall of the PERA Building located at 1120 Paseo de Peralta, Santa Fe, New Mexico 87502.
To access the hearing by telephone:
Call 1- 253-215-8782 and enter meeting ID: 859 0874 7515. You will be able to hear the full hearing, and your telephone comments will be recorded.
To access the hearing via the Internet:
Zoom link: nmececdorg.zoom.us/j/85908747515 and follow the instructions indicated on the screen – Meeting ID: 859 0874 7515.
This will be a live stream of the hearing. You may also provide comment via chat during the live streaming.