Code of Maine Rules
19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
498 - OFFICE OF TOURISM AND COMMUNITY DEVELOPMENT
Chapter 40 - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM 2012 PROGRAM STATEMENT
Section 498-40-3 - ECONOMIC DEVELOPMENT

Current through 2024-13, March 27, 2024

A. ECONOMIC DEVELOPMENT PROGRAM

The Economic Development program (EDP) provides communities with gap funding to assist identified businesses in the creation/retention of jobs for low-and moderate-income persons.

1. Eligible EDP Activities and Maximum Grant and Loan Awards:
(a) Activity Breakdown: Applicants may apply in only one specific grant activity group. Applicants for Activity Group Number 2 below may also utilize the DF Loan Activity for the same project but are limited to a total of $400,000 in EDP assistance.

Activity Group Numbers Maximum Award

1 Grants to Municipalities: for acquisition, relocation, $400,000 demolition, clearance, construction, reconstruction, installation and rehabilitation associated with

public infrastructure projects such as water and sewer improvements, flood and drainage improvements, publicly- owned commercial and industrial buildings, parking, streets, curbs, gutters, sidewalks, etc. All public infrastructure must be owned by the municipality or public or private utility and be in support of an identified business.

2 Grants to Municipalities for Direct Business Support: $200,000 for non-capital equipment, land and site improvements, rehabilitation or construction of commercial or industrial buildings, working capital and capital equipment.

3 Development Fund Loan (DF): for acquisition of $300,000 existing facilities, land and site improvements necessary for the construction of a new facility, rehabilitation or construction of commercial or industrial buildings, structures, non-capital equipment, capital equipment, working capital and real property improvements. The Office of Community Development, at its discretion, may waive the repayment terms once the LMI benefit has been documented.

Economic Development Program funds cannot be used to refinance existing debt.

2. Threshold Criteria:
(a) Project Benefit: All projects must document that at a minimum, 51% of all jobs created or retained as a result of the funded activity must be taken/held by persons of low and moderate income as defined by HUD. Jobs created/retained must be in the community applying for the EDP award, new jobs to that community and not associated with any other branches of the assisted business located in another community. Transfer positions cannot be counted toward the job creation/retention requirements. In the event that job creation requirements are not met, the applicant community will be responsible for immediate repayment to DECD of all CDBG funds expended on the project.

(b) Program Dollars per Job: The maximum CDBG participation per job created or retained with EDP funds is $30,000.

(c) Full Time permanent Jobs: In determining CDBG National Objective compliance with jobs created or retained only Permanent jobs may be counted; temporary jobs may not. Full time jobs require a worker to work at least 1750 hours per year. Part time jobs require a worker to work at least 875 hours but less than 1750 hours per year. Part-time jobs must be converted to Full Time Equivalents (FTE). An FTE is defined as two part time jobs. Seasonal jobs may count only if the seasonal job lasts long enough and provides sufficient income to be considered the employee's principal occupation. (Contact OCD prior to counting seasonal jobs towards LMI benefit.) All permanent jobs created by the project must be counted, regardless of funding source(s). Jobs indirectly created by the project (i.e., remote location, "trickle down" jobs) do not count.

(d) Minimum EDP Application Amount: $50,000

(e) Maximum Project Size for Utilizing EDP Funds: $5,000,000

Phasing of projects to make the total cost appear to be below the maximum project size is expressly forbidden.

(f) All EDP activities must be in support of an identified business; speculative activities are prohibited.

3. Program Requirements:
(a) EDP Letter of Intent Due Dates for Activity Group Numbers 1-2 ONLY: Due the first Friday of every month by 4:00 p.m. If that day is a recognized State Holiday the due date would then be the following regular business day by 4:00 p.m.

(b) EDP Application Due Dates for Activity Group Numbers 1-2 ONLY: By invitation only as a result of accepted Letter of Intent.

(c) EDP Application Due Dates for Activity Group Number 3 ONLY: Due the first Friday of every month by 4:00 p.m. If that day is a recognized State Holiday the due date would then be the following regular business day by 4:00 p.m.

(d) Necessary and Appropriate: EDP assistance to a business must be for projects that are necessary and appropriate. The application must describe the need for program assistance, reasonableness of the amount requested, the repayment plan (DF only), and assurance that the assistance provided is commensurate with the community benefits that will accrue from the project. Documentation must be provided that the project cannot proceed without program participation and that program funds provide gap financing.

(e) Compliance with Benefit Certification Requirements: The business and the applicant community, under the direction of the Program Manager assigned to the project, must comply with documentation requirements for jobs created/jobs retained on a project including but not limited to benefit surveys, income verification and periodic reporting that the Office of Community Development may require.

(f) EDP Matching Funds Requirements: Communities applying for Economic Development Program funds must certify that a 100% cash match of the total EDP award will be provided. Matching funds must be directly related to the activities undertaken with EDP funding.

(g) Exclusions: Communities receiving an EDP award may not receive any other EDP award for the same project or business during the same program year or for the same project or business from a prior program year that has not met final closeout status.

(h) EDP Projects in Support of Retail Businesses: OCD may accept an EDP application in support of a retail business activity only under the following limited conditions:
(i) The retail business represents the provisions of new products and services previously unavailable in the community or is a tourism-related business; and

(ii) The development or expansion of the retail business represents a net economic gain for the community and the region. Applications supporting a retail business or businesses are required to certify that the development represents a new overall gain for the region's economy and not a shift from existing established businesses to a new or expanded one; and

(iii) The retail business is located in either a downtown district meeting the definition of PL 776; or a designated local growth area contained in an adopted and consistent comprehensive plan; and

(iv) At least 50% of the jobs created by the retail business must be full time jobs.

4. Special Program Requirements for Grants to Municipalities then Loaned to an Identified Business (Activity Group 3 only):
(i) Loan: The DF program is a grant to the unit of general local government. The recipient must use the funds as a loan to the identified business. The loan must be provided under the terms stated in a DF Program Letter of Commitment and the contract between the DECD, the community and the business.

(ii) Repayment Terms: Justification for the repayment terms relate to filling the financing gap, identifying the rate of return allowed through the repayment terms, or specifying the cost differentiations and the benefit derived from the assistance and must be approved by the DECD. The interest rate for Development Fund loans is up to 5% for a term not to exceed 10 years. The Office of Community Development, at its discretion, may waive the repayment terms once the LMI benefit has been documented.

5. Selection Process for Activity Groups 1 and 2: The selection process will consist of three phases, a letter of intent (does not apply to the Development Fund Loan activity), an application phase and a project development phase.

6. Review Team Analysis - 100 Points

Members of the Review Team will assign a Review Point Total for each application reviewed. Review Point Totals will consist of the sum of the three scoring areas below and be determined by the total of each sub-scoring area. The following criteria will be used:

a. Problem Statement (40 points) - Describe the problem facing the community/business as it relates to job creation/retention activities and document why the community/business is unable to finance the proposed project on its own, or with available assistance from other sources.

Scope of Problem (15 points)

Detail the problems or needs facing the community/business to be assisted. Tell how these problems relate to job creation or job retention activities. Describe how the overall financial viability of the community/business is affected by the problems or needs.

Impact on Community and Region (10 points)

Identify how employment opportunities for persons of low/moderate income are negatively affected by the identified problems. Emphasize the importance of the affected business in relation to the stability of the community/region and its current financial well being including property tax analysis before and after the proposed activities.

Need for Funds (15 points)

Identify reasons why the community/business is unable to finance the proposed project on its own, or with assistance from other sources. Include a narrative that highlights any recent efforts by the community/business to assist job creation/retention activities.

b. Proposed Solution (40 points) - Describe the activities that will be undertaken with EDP funds to resolve the stated problem/need, how the project will proceed to completion within 12 months from the date of a contract award with the DECD and the effect the project will have on the ability of the business to create/retain quality jobs for LMI persons.

Project Description (15 points)

Detail the activities that the community/business will undertake using EDP funds to resolve the problems/needs presented in the Problem Statement. Identify, in detail, the specific acquisition, equipment, real property improvements and/or fixtures that will be installed, modified, and upgraded, etc., with EDP funds. Explain how the solution directly solves the identified problems/needs. Include a firm figure of the number of jobs to be created or retained as a result of the project, and how these jobs relate to persons of low/moderate income. Clearly state the amount of EDP funds sought and how they will fit into the overall financing for the project. Include a graphic description (aerial photo, map, and sketch) of the sites involved. Provide a generalized location of the site relative to the community and a copy of a floodplain map showing the project location. Include existing and proposed site and/or building improvements.

Effect on Assisted Business (15 points)

Describe the effect the EDP award and completion of the project, as a whole, will have on the ability of the community/business to remain competitive, and create/retain quality jobs. Describe the market including identification of competitors, price structure, resource availability, operating/manufacturing costs, transportation costs, demand, and other factors influencing the marketability of the product or service proposed. Also identify all project risks and the extent of the risks.

Project Timeline and Feasibility (10 points)

Describe how the project is assured of successful completion within 12 months. Identify what work, such as pre-engineering, construction and improvements, or fixture purchases that have been completed, or are in process, and exactly how these relate to the proposed EDP project. Provide background information (including resumes) for the owners and/or managers of the business and specific information about the skills and experiences of the owners and/or managers as related to the successful management of the business and proposed project. Include a concise timetable for project implementation.

c. Citizen Participation (20 Points) - Describe how business groups, local citizens, community groups and others were involved in the identification of the problems/needs and solutions discussed in the application. Local citizens, groups, boards, agencies, etc. are essential to any successful project. It is important that you show how these various groups were involved in bringing problems or needs to the attention of the community. The OCD views the involvement of local citizens in focusing on problems/and solutions as a key element in a successful program application as well as in successful implementation of a project. Review is divided into two areas. Following each area are topics, information, or ideas that must be included in Citizen Participation.

Public Hearing Process (10 points)

Describe how citizen participation contributed to the actual development of this application, including how the required public hearing contributed to the process. (Submit a public hearing record consisting of the published public hearing notice, hearing minutes, and attendance list with the original and all three copies of the application.)

Business/Local Involvement (10 points)

Outline other input from businesses, chambers of commerce, development organizations, local groups and individuals have had in increasing the citizen participation process for the proposed project. Highlight how the use of any media (TV, radio, newspapers, etc.) increased public awareness and participation in the EDP project.

d. Final Application Score Each application will receive a Final Application Score consisting of the average of the scores assigned by members of the Review Team and applicable Priority Area Bonus. Starting at the top of the scoring list, applicants will be invited to proceed to the Project Development Phase as funds allow.

7. Review Process for Activity Group 3 (DF Loan): Each application for DF assistance will be submitted through an OCD Development Fund Loan Application and must include all attachments required in the 2012 application directions.

Completed applications will be reviewed by the Review Team who will make a recommendation to the Commissioner of Economic and Community Development. The following criteria will be considered during the application phase:

(i) Detailed description of project being financed.

(ii) Detail of the sources and uses (include itemized description of work and costs) of all financing.

(iii) Business' Federal tax return for the previous three years and/or complete accountant prepared financial statements (income statement and balance sheet and notes).

(iv) Interim financial statements (if the most recent financial information is older than 90 days).

(v) Personal Financial Statement and Federal Income Tax Returns of all owners and guarantors with 20% or more ownership.

(vi) One-year pro forma balance sheet, income statement and monthly cash flow statement with supporting assumptions.

(vii) Copies of signed commitment letter from other financing sources as applicable.

(viii) Completed Employment Plan.

(ix) Supplemental information such as collateral appraisals, marketing plans, resumes, site assessments, and aging of accounts receivable/payable may be requested by OCD. If these materials are readily available they should be included with the application package.

(x) Priority AreasDFApplications assisting a business located in an identified Empowerment Zone, HUB Zone or a labor market area with an unemployment rate exceeding the state average by at least 50% will receive priority for funding.

8. Project Development Phase: The project development phase must be completed within 3 months from the date of award. The goal of this phase is a grant contract for CDBG funds. During this phase an OCD Development Program Manager will be assigned to work with the community to finalize their project. OCD reserves the right to rescind the CDBG program award of the community is not under contract within this time. The Office of Community Development may grant waivers for just cause.

B. COMMUNITY ENTERPRISE GRANT PROGRAM

The Community Enterprise Grant (CE) Program provides grant funds to assist in innovative solutions to problems faced by micro-businesses, promote business façade programs and make streetscape improvements in downtown and village areas. Assistance to businesses may be in the form of grants or loans at the discretion of the community.

1. Threshold Criteria and Program Requirements: CE Program funds will be distributed through an annual grant application selection process.
(a) Eligible Activities:

Eligible activities under the Micro-Enterprise Grant/Loan category are grants or loans to for-profit businesses, façade grants to for-profit or non-profit businesses for exterior improvements, including signage, painting, siding, awnings, lighting, display windows and other approved exterior improvements (interior improvements are not allowed) and streetscapes including pocket parks, benches, street lighting, tree plantings, signage, traffic calming improvements, sidewalks and other approved improvements; eligible planning activities necessary to complete the Project Development Phase. Sewer, water, storm drainage, parking, roads or streets and other infrastructure improvements and buildings solely for residential use are not eligible. All streetscape improvements must take place on publicly owned property.

(b) Downtown Revitalization Program Prohibition - Communities applying for a CE grant may not apply for, receive, or benefit from a Downtown Revitalization Program (DR) grant in the same program year.

(c) Maximum CE Grant Amount: $150,000 - Applicants may apply to address one or any combination of eligible activities listed in Section B (1) (a) above but are limited to a total of $150,000 in CE funds.

(d) Maximum Amount of Community Enterprise Grant/Loan Assistance to Businesses: $25,000

(e) Project Benefit:
(i) Micro-Enterprise Grant/Loan: Existing or developing businesses that have, or will have five or fewer employees, one of whom owns the enterprise, and whose family income is LMI will meet the project benefit. Employees are not considered in meeting project benefit.

(ii) Business Facade Grants: Projectbenefit will be metwhen exterior improvements and signage on an existing business take place in a designated slum/blight area, or documentation exists that a business qualifies under a spot blight basis.

(iii) Streetscapes: Projectbenefit will be metwhen streetscapes take place in a designated slum/blight area or the applicant community where the project will take place is 51% or greater LMI as determined by HUD and the U.S. Census.

2. Special Program Requirements

Demonstration of National Objective: Applicants must demonstrate that the project meets the National Objective of 1) benefiting 51% or greater low/moderate income persons, 2) preventing or eliminating slum or blighting conditions, or 3) existing or developing businesses that have, or will have five or fewer employees, one of whom owns the enterprise, and whose family income is LMI. Census information, a certified target area survey, an officially adopted declaration of slum/blight conditions conforming to the requirements of Title 30-A M.R.S.A. §5202 and HUD, or assurances of spot blight designation or micro-enterprise eligibility must be submitted to OCD. These demonstrations must be made as part of the Letter of Intent and Verification of CDBG National Objective submitted to OCD on or before 4:00pm on Friday February 10, 2012.

3. Selection Process: The selection process will consist of three phases; a letter of intent, an application phase and a project development phase.
(a) Letter of Intent and Verification of CDBG National Objective: All communities wishing to submit a CE application must submit a Letter of Intent and Verification of CDBG National Objective to OCD on or before 4:00PM on Friday February 10, 2012 according to the requirements set forth in the 2012 CE application package.

(b) Application: The maximum length of an application is four pages, not counting required attachments. The application deadline for the CE Program is 4:00PM on March 30, 2012. Each application will be rated in relation to all others in a two-stage process.

Stage 1: Review Team Analysis - Members of the Review Team will assign a Point Total for each application reviewed. Point Totals will consist of the sum of the three scoring areas below and be determined by the total of each sub-scoring area. A maximum of 100 points is obtainable.

(i) Impact (40 points):

*State the problems then present the scope and magnitude of the identified problems. - 6 points

*Explain how the problems negatively impact the local economy and the viability of existing downtown or village area. - 8 points

*Clearly define how the problems negatively affect LMI persons and/or contribute to slum/blight conditions. - 10 points

*Describe the obstacles to overcoming the identified problems. - 6 points

*Explain why CE funds are necessary for the project; describe efforts to secure other grant or loan funds, and tell why they are not are available locally to assist businesses or local government with their development and site improvement needs. - 10 points

(ii) Development Strategy (40 points):

*List the specific activities to be undertaken in the project. For streetscapes include location, size and design features. - 5 points

*Identify the specific use of CE funds and the specific tasks or activities to be funded with each other source of funds. - 5 points

*Provide Identification and description of potential business grant/loan applicants and their needs; or provide details of how areas in need of streetscape improvements were identified and prioritized. - 5 points

*Explain how the CE project will stimulate business in the downtown or village area and assist in improving the area's long-term viability. - 6 points

*Describe how the CE funded activities will have a positive impact on LMI persons and/or on alleviation of the slum/blight conditions. - 6 points

*Provide a project timeline; list activities or actions completed to date. - 4 points

*Describe the capacity and experience of the administrator to market and conduct a grant/loan program or streetscape improvement effort; and describe how CE funds will be expended in a timely manner. - 5 points

*Budget Summary Review - 4 points

(iii) Citizen Participation (20 points):

*Effective use of any media (newspapers, radio, TV, etc) to further public awareness and participation. - 4 points

*Relevance of listed meeting/hearing activities/comments (not counting required public hearing) and the overall citizen participation process in application and project development. - 4 points

*Involvement of downtown and local businesses, Chambers of Commerce, development groups or other business related organizations in identification of problems and development of the application and project. - 4 points

*Involvement of potential LMI project beneficiaries in development of the application and project and how the required public hearing relates to the application development and citizen participation process. - 4 points

*How other local resources (cash and in-kind) are directly related to the project and the establishment of a cash value equivalent for all in-kind commitments. - 4 points

Stage 2: Final Application Score - Each application will receive a Final Application Score consisting of the average of the scores assigned by members of the Review Team. Starting at the top of the scoring list, applicants will be invited to proceed to the Project Development Phase as funds allow.

(a) Project Benefit: All projects must document that at a minimum, 51% of all jobs created or retained as a result of the funded activity must be taken/held by persons of low and moderate income as defined by HUD. Jobs created/retained must be in the community applying for the EDP award, new jobs to that community and not associated with any other branches of the assisted business located in another community. Transfer positions cannot be counted toward the job creation/retention requirements. In the event that job creation requirements are not met, the applicant community will be responsible for immediate repayment to DECD of all CDBG funds expended on the project.

(b) Program Dollars per Job: The maximum CDBG participation per job created or retained with EDP funds is $30,000.

(c) Full Time permanent Jobs: In determining CDBG National Objective compliance with jobs created or retained only Permanent jobs may be counted; temporary jobs may not. Full time jobs require a worker to work at least 1750 hours per year. Part time jobs require a worker to work at least 875 hours but less than 1750 hours per year. Part-time jobs must be converted to Full Time Equivalents (FTE). An FTE is defined as two part time jobs. Seasonal jobs may count only if the seasonal job lasts long enough and provides sufficient income to be considered the employee's principal occupation. (Contact OCD prior to counting seasonal jobs towards LMI benefit.) All permanent jobs created by the project must be counted, regardless of funding source(s). Jobs indirectly created by the project (i.e., remote location, "trickle down" jobs) do not count.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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