Code of Maine Rules
19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
498 - OFFICE OF TOURISM AND COMMUNITY DEVELOPMENT
Chapter 45 - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: 2017 FINAL STATEMENT
Section 498-45-1 - PROGRAM OVERVIEW

Universal Citation: 19 ME Code Rules ยง 498-45-1

Current through 2024-38, September 18, 2024

A. CDBG OBJECTIVES

All CDBG funded activities must meet one of three National Objectives of the program. These objectives are:

Benefit to low and moderate income persons; Prevention and/or elimination of slum and blight conditions; and Meeting community development needs having a particular urgency.

The Maine CDBG Program serves as a catalyst for local governments to implement programs which meet one of the three National Objectives, and:

Are part of a long-range community strategy; Improve deteriorated residential and business districts and local economic conditions; Provide the conditions and incentives for further public and private investments; Foster partnerships between groups of municipalities, state and federal entities, multi-jurisdictional organizations, and the private sector to address common community and economic development problems; and Minimize development sprawl consistent with the State of Maine Growth Management Act and support the revitalization of downtown areas.

B. METHOD OF DISTRIBUTION:

DECD, through the Office of Community Development (OCD), offers programs to assist municipalities to achieve their community and economic development objectives. The 2017 Program Statement provides a description of the selection criteria that OCD will use to allocate CDBG funds among communities. Programs are grouped under the three categories listed below.

1. Community Development
a. Home Repair Network

b. Housing Assistance Grants

c. Public Facilities Grants

d. Public Infrastructure Grants

e. Downtown Revitalization Grants

f. Workforce Development Grants

g. Small Business Development Centers

h. Urgent Need Grants

i. Special Projects

2. Economic Development
a. Grants to Municipalities for Direct Business Support

b. Micro-Enterprise Grants

3. Technical Assistance

C. STATE ADMINISTRATION:

1. General Administration Allocation:Pursuant to Section 106(d) (3) (A) of the Housing and Community Development Act of 1974, as amended (the Act), the DECD will utilize $100,000 plus 2% of its allocation from the Department of Housing and Urban Development (HUD) to administer Maine's CDBG Program in accordance with Federal and State requirements.

2. Technical Assistance Administration Allocation:Pursuant to Section 106(d) (5) of the Act, DECD will utilize up to 1% of its allotment from HUD to provide technical assistance in accordance with Federal and State requirements.

3. Exclusion of Entitlement Communities and Counties: The entitlement communities of Auburn, Bangor, Biddeford, Lewiston, Portland and all of Cumberland County with the exception of Brunswick and Frye Island, are not eligible to receive State CDBG program funds.

4. Grant Administration Requirement: Grantees must employ, or contract with, a certified CDBG Grant Administrator and in the case of Housing Rehabilitation a qualified Rehabilitation Technician (as employees or consultants). The Office of Community Development must approve waivers of this requirement in writing. All planning activities are exempt from this requirement.

D. PROGRAM TIME FRAME

Application deadlines - All applications and Letters of Intent must be received at the physical location of the Office of Community Development on or before 4:00 PM EST on the dates listed below. Faxed copies will not be accepted.

Program

Letter of Intent Due Date

Application Due Date By Invitation Only

Downtown Revitalization

January 27, 2017

March 31, 2017

Economic Development

1st Friday of January, February, March and April**

May 26, 2017

*

1st Friday of May, June and July**

August 25, 2017

*

Housing Assistance

March 10, 2017

May 5, 2017

Micro-Enterprise Assistance

1st Friday of January, February and March **

April 28, 2017

*

1st Friday of April, May and June**

July 28, 2017

Public Facilities

January 13, 2017

TBD*

Public Infrastructure***

Special Projects *

N/A

TBD*

Urgent Need

N/A

TBD*

Workforce Development

May 5, 2017**

June 16, 2017

*

July 7, 2017**

August 18, 2017

*Subject to availability of funds.

** If the first Friday of the month falls on a holiday the Economic Development and Micro-Enterprise Assistance Programs Letter(s) of Intent will be due by 4:00 pm on the next business day.

***Public Infrastructure - No Letters of Intent or Applications will be accepted for the 2017 Program Year. The projects of Machias, Lincolnville, Ashland and East Millinocket, who submitted applications in 2016, are being funded in 2017.

E. 2017 PROGRAM BUDGET

FY 2017 CDBG Budget $ 10,765,432

Administration 315,308

Technical Assistance Administration 107,654

Regional Council Planning Assistance 114,347

Community Development

Downtown Revitalization Grants 300,000

Home Repair Network Program 1,700,000

Housing Assistance Grants 1,000,000

Public Facilities Grants* 0

Public Infrastructure Grants 3,500,000

Workforce Development Grants 250,000

Small Business Development Centers 50,000

Urgent Need Grants* 0

Special Projects 28,123

Economic Development

Economic Development Grants 2,700,000

Micro-Enterprise Assistance Grants 700,000

TOTAL Estimated 2017 CDBG Funds (final amount determined by HUD) Funding for individual categories may change based on actual HUD award. 10,765,432

*Funding for these programs may be available based upon redistribution, reallocation and/or additional allocation from HUD.

F. CERTIFICATIONS

All communities applying for CDBG funds must certify that they will:

Minimize displacement and adhere to a locally adopted displacement policy in compliance with section 104(d) of the Housing and Community Development Act, 24 CFR part 42; Take action to affirmatively further fair housing and comply with the provisions of Civil Rights Acts of 1964 and 1968; Not attempt to recover certain capital costs of improvements funded in whole or in part with CDBG funds; Establish a community development plan; Meet all required State and Federal public participation requirements; Comply with the Federal requirements of Section 319 of Public Law 101-121, codified at 31 U.S.C. Section 1352, regarding government-wide restriction on lobbying; With the exception of administrative or personnel costs, verify that no person who is an employee, agent, consultant, officer, elected officer, or appointed official of State or local government or of any designated public agencies, or sub-recipients which are receiving CDBG funding may obtain a financial interest or benefit, have an interest in or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect to CDBG activities; Any person or firm associated with the administration of the CDBG program award is not on the U.S. Department of Labor's Debarred and Suspended Contractor's List; and Review the project proposed in the application to ensure it complies with the community's comprehensive plan and/or applicable state and local land use requirements.

G. GENERAL REQUIREMENTS:

1. Eligible Applicants: All units of general local government in Maine, including plantations, except for the entitlement communities of Auburn, Bangor, Biddeford, Lewiston, Portland and all of Cumberland County with the exception of Brunswick and Frye Island are eligible to apply for and receive State CDBG program funds. County governments may apply on behalf of the Unorganized Territory. Groups of local governments may apply for multi-jurisdictional or joint projects. Multi-jurisdictional applications require designation of one local government as the lead applicant and consent for that designation by each participating local government. Counties may apply for the or Workforce Development programs on behalf of a collaboration of communities. Eligible applicants, including counties as defined above may apply for CDBG assistance on behalf of the five Maine Indian Tribes. Maine Indian Tribes are not themselves eligible applicants. Eligible applicants applying on behalf of a Maine Indian Tribe are permitted to apply in the same 2017 CDBG funding category as long as the eligible applicant will not directly benefit from the tribal CDBG project.

2. Eligible Activities:Applications will be reviewed to determine that the activities proposed are eligible under Section 105(a) of the Act. Ineligible activities will not be considered.

3. Project Benefit:Letters of Intent and/or required documentation for all programs will be reviewed to verify that the proposed activities meet at least one of the CDBG Program national objectives pursuant to section 104(b) 3 of the Act. If the activity does not meet a national objective the application will not be considered for funding.

4. "Growth Related" Preference: In accordance with M.R.S.A Title 30-A section 4349-A (3-A), OCD is required to give preference in the award of grants to capital investments defined as "growth related" in section 4301(5-B) to communities with certified growth management programs or that have adopted a comprehensive plan and implementation strategy consistent with the goals and guidelines of the subchapter. A municipality that does not obtain a certificate or finding of consistency within 4 years after receipt of the first installment of a financial assistance grant or rejection of an offer of financial assistance will receive a low priority.

5. Repayment of Grant Funds:Recipients must repay on demand to the State of Maine all funds expended if CDBG program benefits are not achieved as specified in their contract with the DECD.

6. Application Threshold: Incomplete and/or non-conforming applications which do not meet the specifications set forth in the 2017 Program Statement and 2017 CDBG Application Packages will be removed from the scoring process during the threshold review.

7. Financial Commitments: Applications for projects not demonstrating a firm financial commitment as required in the application materials will be removed from the scoring process during the threshold review.

8. Restriction of Grant Awards:OCD may deny or restrict the award of grants to communities with outstanding audit(s), monitoring findings, or a record of administrative misconduct.

9. Past Performance:In order to be eligible to apply for a 2017 Community Development Block Grant program, communities that received CDBG grants in or prior to 2013 must have finally closed out their grants prior to application due date. Communities that received CDBG grants in 2014 must have conditionally closed their grants prior to application due date. Communities that received CDBG grants in 2015 must have expended 50% of their benefit activity funds prior to application due date. Communities that received 2016 CDBG grants must be under contract with DECD. All Past Performance Criteria will be strictly enforced; however these criteria may be waived for just cause by the Director of OCD.

10. Grant Termination:OCD will terminate a community's grant if progress on the project is not apparent within 6 months, or 3 months in the case of Economic Development Programs (Economic Development and Micro-Enterprise Assistance), and Workforce Development Grants, from the date of contract signing. The Office of Community Development may grant waivers for just cause.

H. EXCLUSIONS:

1. Multiple Grants:Except for the Economic Development Programs (Economic Development and Micro-Enterprise Assistance)s, eligible applicants may not apply for, or benefit from, more than one grant per program category in any grant year. Communities participating in multi-jurisdictional applications may submit their own applications for the same program as long as they demonstrate that there will not be a duplication of program activity/benefit. DECD reserves the right to not invite a community to submit an application and/or remove an application(s) from the scoring process in instances where a community has submitted multiple applications in multiple programs, within the same program year.

2. Subsequent Year Award:Except for the Economic Development Program-Economic Development Grants, Micro-Enterprise Assistance Grants, and project specific Housing Grants, units of general local government and Unorganized Territory that benefited from a 2016 award may not apply again in that specific program until the 2018 program. This exclusion may be waived by the Director of OCD with cause.

3. Downtown Revitalization (DR) Grantees:Communities may not submit a DR application if they have received or benefited from two (2) DR awards within the five (5) year period prior to the CDBG program year for which applications are being accepted.Applications for multi-jurisdictional Downtown Revitalization projects will only be eligible if the downtowns are contiguous and each meets the definition of a downtown as defined in PL 1999 Ch. 776 (codified at 30-A M.R.S.A. § 4301(5-A)).

4. Housing Assistance Grant Program (HA) Past Performance Requirement: Communities are not eligible to apply for a HA grant unless all prior HA grants are 100% expended and conditionally closed out. 100% expended also requires that no HA funds exist in the housing escrow account.

5. Housing Assistance (HA) Grantees: Communities may not submit a HA application for single family rehabilitation if they have received or benefited from two (2) HA awards within the five (5) year period prior to the CDBG program year for which applications are being accepted.

I. AWARD PROCESS:

1. Scoring:

With the exception of the Economic Development Grants, Applicants will be placed in rank order from highest to lowest according to the final scores determined by the OCD Review Team. All program applications with the exception of the Urgent Need Grants and the Home Repair Network will be scored on a 100-point maximum scoring basis with allowance for bonus points where applicable. Final scores will be determined by averaging the scores assigned by members of the Review Team and adding any applicable bonus point. Notification of CDBG awards will typically be made in 30-45 days from receipt of a complete application. Notification of award may be delayed if additional information is requested by OCD. Starting at the top of the scoring list, applicants will be invited to proceed to the Project Development Phase as funds allow.In the event of a tie in any CDBG program scoring process, consideration will be given to the community that is listed as a Service Center.An invitation into the Project Development Phase is not a guarantee of funding or permission to obligate funds. Successful communities will receive an amount determined by the OCD for their project.

2. Project Development Phase:
a. Project Planning:Details of the project including pre-engineering, bid requirements, budget, and/or grant administration.

b. Acceptance of Funds: Public Hearing and Legislative Body Approval for the acceptance of funds. (Excluding the Economic Development Program)

c. Local Certifications:Local adoption of State and Federal regulations..

d. Project Benefit:Verification that proposed activities meet or will meet one of the CDBG Program National Objectives.

e. Environmental Review:Review of project for compliance with State and Federal Environmental Regulations.

3. Project Development Timeframe and Assistance:

The goal of the Project Development Phase is a grant contract for CDBG funds. An OCD Development Program Manager will be assigned to work closely with each community to finalize their project. OCD will rescind the CDBG program award offer if the community is not under contract within six months of the date of the award offer and invitation into the project development phase process. For the Economic Development, Micro enterprise Assistance and Workforce Development Programs OCD will rescind the CDBG program award offer if the community is not under contract within three months of the date of the award offer and invitation into the project development phase process. The Office of Community Development may grant waivers for just cause.

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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