Code of Maine Rules
19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
498 - OFFICE OF TOURISM AND COMMUNITY DEVELOPMENT
Chapter 9 - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: 1994 FINAL STATEMENT
Section 498-9-2 - COMMUNITY DEVELOPMENT METHODS OF DISTRIBUTION

Universal Citation: 19 ME Code Rules § 498-9-2

Current through 2024-38, September 18, 2024

A. HOUSING ASSISTANCE GRANTS

The purpose of a Housing Assistance (HA) Grant is to provide financing to address acute housing needs of low and moderate income persons residing in the State of Maine. These needs must be part of a community development strategy which will lead to future public and private investments.

1. Threshold Criteria: The State will distribute Housing Assistance funds to local governments through the annual Housing Assistance Selection Process. The threshold criteria for the process are listed below:

(a) Eligible Applicants: All units of general local government in Maine, including plantations, are eligible to apply for and receive Housing Assistance funds. County governments may apply on behalf of unorganized territories. Groups of local governments may apply for regional or joint housing activities. multi-jurisdictional applications require designation of one local government as the lead applicant and consent for that designation by each participating local government.

(b) Ineligible Applicants: Entitlement communities of Portland, Bangor, Lewiston and Auburn, are not eligible to receive HA funds. Except as described in 1 (a) above, County governments are not eligible applicants.

(c) Eligible Activities: Eligible activities include Acquisition, Code Enforcement, Conversion of Non-Residential structures, Demolition, Historic Preservation, Housing Rehabilitation, New Housing Construction, Relocation Assistance, and Removal of Architectural Barriers.

(d) Project Eligibility: Upon receipt by OCD, applications will be reviewed to determine the eligibility of the activities that the applicant proposes to undertake with Housing Assistance funds. Those activities must be included in Section 3.(c) above and be eligible under 24 CFR, Part 570, Subpart I, .482. Applications will only be accepted for activities directly related to the assistance to, or the creation of residential housing units. In the event that an application contains any Final activity unrelated to housing, or an activity riot listed in Section 1(c) above, the entire application will be judged not to have met the project eligibility criteria. In all cases the applicant will be notified in writing of the determination made by OCD.

(e) Federal and State Certifications for Local Governments: All communities applying for Housing Assistance funds must certify that they have/will:

(i) minimize displacement and adhere to a locally adopted displacement policy as set forth in Section 104(d) of the Housing and Community Development Act of 1974, as amended;

(ii) take action to affirmatively further fair housing and comply with the provisions of the Civil Rights Acts of 1964 and 1968;

(iii) adhere to MRSA Title 10, Chapter 214, energy Efficiency, Building Performance Standards Act, Section 1415- c(1), (IA) and Section 1415-G in the construction of any new residential housing units;

(iv) not attempt to recover certain capital costs of public improvements funded in part with Housing Assistance monies;

(v) establish a community development plan;

(vi) meet all required State and Federal public participation requirements;

(vii) comply with the Federal requirements of Section 319 of Public law 101-122 regarding government-wide restriction on lobbying;

(viii) with the exception of administrative or personnel costs, verify that no person who is an employee, agent, consultant, officer, or elected official or appointed official of State or local government or of any designated public agencies, or subrecipients 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;

(ix) provide a local match equivalent to 10 percent of the total grant award; and

(x) reviewed the project proposed in the application to be sure that it complies with. the community's comprehensive, plan and/or applicable state and local land use requirements.

(f) Prohibition on Multiple Grants: Units of local government and unorganized territories may not benefit from more than one Housing Assistance Grant per grant year.

(g) Prohibition on Subsequent Year Award: Units of general local government and unorganized territories that received a 1993 single year Housing Assistance award may not apply for a 1994 Housing Assistance grant. Units of general local government that received a 1993 two year award may not apply again for a Housing Assistance grant until the 1996 program. Prohibitions against subsequent year awards is program specific.

2. Program Priorities:

(a) Multi-jurisdictional Priority: Regional or joint applications from a group of communities that meet the eligible applicant threshold criteria will receive 5 supplemental points in Phase I of the selection process.

(b) Activity Priority: Not applicable.

3. Special Program Requirements: Housing Assistance applicants must also comply with the following:

(a) Past Performance: In order to be eligible to apply for the 1994 Housing Assistance program, communities that received Community Revitalization (CR) grants in 1989 must have conditionally closed their grants by January 14, 1994. Communities that received CR grants in 1990 must have expended 100% of their benefit activity funds by January 14, 1994. Communities that received CR grants in 1991 must have obligated 100% of their benefit activity funds by January 14, 1991. communities that received CR grants in 1992 must have obligated at least 50% of their benefit activity funds by January 14, 1994.

(b) Exceptions: Grant recipients may only submit a request to DECD for a waiver of this special requirement under the following circumstances: 1) program delays have occurred that are beyond the control of the grantee due unforeseen changes in scheduled availability of leveraged funds or acts of nature or 2) the recipient has received unanticipated program income and is unable to meet the above performance requirements.

(c) Maximum Housing Assistance Grant Amount: The maximum grant amount will be $300,000 for a one year grant and a $600,000 maximum for a two year grant. The maximum grant amount for a regional project will be 25% greater for one and two year grants.

(d) Maximum Housing Rehabilitation Costs: The amount of grants or loans available to participants in local housing rehabilitation programs will be no more than $15,000 per unit rehabilitated. In cases of replacement housing, inadequate sewage disposal, lack of potable water, presence of asbestos, lead-based paint, radon, or other hazardous material, or the need for handicapped accessibility must be addressed, au additional $7, 000 per unit. may be made available.

4. Selection Process: The selection process will consist of two phases: an application phase (Phase I), and a project development phase (Phase II).

(a) Phase I Application: The maximum length of an application is ten pages. It is designed to be a description of a community's housing problems that it would like to address with Housing Assistance funds. The application deadline is January 14, 1994. These applications will be evaluated according to the following criteria. A minimum score of 85 points out of a possible 100 will be required for an application to be further considered for funding.

(i) Problem Statement (20 points): The Problem Statement is a description of the problems or needs the applicant wishes to address with a Housing Assistance Grant. Points will be awarded in the following categories:

(aa) Scope of Problem (5 points) - Description of the magnitude and nature of the substandard housing in the applicant's area.

(bb) Identification of Problem (5 points) - Description of the process used in identifying the substandard housing problem.

(cc) Life Safety Considerations (5 points) - Description of the frequency, severity and nature of potential threats to health and safety contained in the housing units.

(dd) Energy Efficiency Considerations (5 points) Description of deficiencies that inhibit low and moderate income residents from being able to maintain reasonable energy efficiency standards in an affordable and comfortable manner.

(ii) Proposed Solution (30 points): The Proposed Solution is a description of how the applicant would like to use Housing Assistance funds to solve the problem(s) or need(s) discussed in the Problem Statement. Points will be awarded in the following categories:

(aa) Effectiveness (10 points) - How the proposed solution relates to problems or needs identified in the Problem Statement and how Housing Assistance funds will be used in solving those problems in a cost effective manner.

(bb) Life Safety and Energy Efficiency (10 points) - How the proposed solution addresses serious threats to health and safety and improves energy efficiency of the units to be rehabilitated or created.

(cc) Project Feasibility (10 points) - How the proposed solution will impact the housing problems in a timely manner and the readiness of the applicant to implement the program.

(iii) Citizen Participation (20 points): Citizen Participation is descriptive demonstration of bow local citizens, community groups and others were involved in the identification of the Problems and solutions discussed in the application. Points will be awarded in the following categories:

(aa) Public Meetings and Hearings (10 points) - A description of the public meetings and hearings that were held specific to this application and their role in identifying problems, fostering public comments and formulating proposed solutions.

(bb) Local Organizations. Residents and Public Officials: (10 points) - A description of the roles played by these groups and individuals in the process that led up to this application.

(iv) Commitment (20 points): Commitment is a description of the other resources that will be contributed to the project. These may include commitments obtained or sought to date. Commitments, along with am estimated timeframe regarding when various aspects of the program will be undertaken, may be reviewed. Points will be awarded in the following categories:

(aa) Partnerships: (10 points) A list of those groups that will work in close concert with the applicant on the housing project. and a description of how each will provide financial resources or technical assistance.

(bb) Local Commitment: (10 points) A description of the technical and financial resources the applicant and private citizens will provide to the project.

(v) Distress (10 points): OCD will derive a community's distress score tram the following four areas:

(aa) housing (2.5 points): a composite score consisting of two factors: the percent of substandard housing and the percent of households with income less than $15,000 per year and spending 25% of their income on housing costs. The percentages will be derived from the most recent data available.

(bb) Economic Conditions (2.5 points): a composite score derived from two factors: a ranking based on the unemployment rates of the applicant communities plus a quarter point for each percentage point the community's municipal unemployment rate is above the State's average unemployment rate.

(cc) Local Fiscal Capacity (2.5 points): a score determined by ranking the effective (State equalized) tax rates for each applicant within population categories (999 and less; 1,000 to 2499; 2,500 to 4,999; 5,000 and above).

(dd) Poverty Level (2.5 points): a score derived by using the percent of persons in a community below 150% of the poverty level as defined by the most recent data available. The poverty level percentages will be ranked within the four population categories discussed above.

(b) Phase II Project Development:

(i) Invitation to Proceed: Applicants will be placed in rank order from highest to lowest according to the scores determined by the scoring team. Starting at the top of the scoring list, applicants will be invited to proceed to Phase II until the available funding in the HA program is exhausted. An invitation into Phase II is not a guarantee of funding, but a community will receive the amount it requests, up to the maximum, provided it completes the following criteria:

(aa) Project Planning: Details of the project including cost estimates and structural analyses.

(bb) Project Eligibility: Proposed activities are verified for eligibility pursuant to 24 CFR, Part 570, Subpart I, .482 and are cleared through the environmental review process pursuant to 24 CFR, Part 58.

(cc) Project Benefit: The proposed activities are verified to meet one of the national objectives pursuant to 24 CFR, Part 570, Subpart I,.483 et seq., of either providing direct benefit to low and moderate income persons or in emergency circumstances, removing slum and blighting influences within that community.

(dd) Management Plan: Details of the structure and methods established by the community for program management.

(ee) Regulations: Both State and Federal regulations will be reviewed for compliance.

(ii) Phase II Planning Grants: Pursuant to Section 4 A. of this Proposed Statement, communities will receive financial assistance, on an as needed basis, in the form of Phase II Planning Grants to cover a portion of the costs associated with project development. The extent to which such assistance is needed shall be determined by OCD.

(iii) Two Year Grant Criteria: Housing rehabilitation activities will not be eligible for a two year grant award. Other eligible activities receiving Housing Assistance funds may be considered for a two year grant award if they meet all three of the following criteria:

(aa) The timeframe required to complete the proposed grant activities must exceed the maximum 18 month period allowed for a single year grant;

(bb) We total amount of requested funds must exceed the one year maximum grant limits for a single community cc a regional project; and

(cc) The activities proposed for the second year of the grant mist be related to, and necessary to complete, activities proposed for the first year; OR, the proposed second year activities must be related to, and necessary to complete, the overall project began in the first year.

5. Approval Process: The emphasis during Phase II will be to finalize project development. The goal is to develop a local-regional-State partnership that will facilitate project development that best meets the community's identified needs, supports regional development, and is in accordance with State goals. A community liaison will be assigned to your community to work closely with you to finalize your project. Successful completion of Phase II criteria will allow the applicant to contract with DECD and become eligible to receive CDBG funds. Communities not having a signed contract within six months of receipt of a Phase II invitation will forfeit said invitation. The Director of OCD reserves the right to waive this requirement in light of extenuating circumstances.

Project implementation shall begin upon execution of a contract. All activities mist be cleared through an environmental review process prior to obligating CDBG funds. OCD staff will remain involved with the community through the end of the project.

B. PUBLIC FACILITIES/INFRASTRUCTURE GRANTS

The purpose of a Public Facilities/Infrastructure Grant (PFIG) is to provide financing for local infrastructure and public facility activities which zone part of a community development strategy and will lead to future public and private investments.

1. Threshold Criteria: The State will distribute PFIG funds to local governments through the annual Public Facilities/Infrastructure Grant Application Selection Process. The threshold criteria for the process are listed below:

(a) Eligible Applicants: All units of general local government in Maine, including plantations, are eligible to apply for and receive PFIG funds. County governments may apply on behalf of unorganized territories. Groups of local governments may apply for regional or joint public facility/infrastructure facilities. These multi-jurisdictional applications require designation of one local government as the lead applicant and consent for that designation by each participating local government.

(b) Ineligible Applicants: Entitlement communities of Portland, Bangor, Lewiston and Auburn are not eligible to receive PFIG funds. Except as designated in 1 (a) above, County governments are not eligible applicants.

(c) Eligible Activities: Eligible activities include infrastructure for new housing construction and construction, acquisition, reconstruction, installation, rehabilitation, site clearance, historic preservation, and relocation assistance associated with such projects as water and sewer facilities, non-housing rehabilitation hook-ups, wharfs, flood and drainage improvements, parking, streets, curbs, gutters, sidewalks, fire protection facilities, community, child, senior, and health centers, libraries, salt/sand storage sheds, shelters for the homeless, sheltered workshops, recreational facilities, parks, removal of architectural barriers, downtown revitalization, and public works garages. An application may include more than one eligible PFIG activity.

(d) Project Eligibility: Upon receipt by the OCD, applications will be reviewed to determine the eligibility of the activities the applicant proposes to undertake with PFIG funds. Those activities must be included in 1(c) above and be eligible under 24 CFR, Part 570, Subpart I, .482. In the event an application contains an activity not listed in l(c) above, the entire application will be judged not to have met the project eligibility criteria. In all cases, the applicant will be notified in writing of the determination made by OCD.

(e) Federal and State Certifications for Local Governments: All communities applying for PFIG funds must certify that they will:

(i) minimize displacement and adhere to a locally adopted displacement policy in compliance with Section 104(d) of the Housing and Community Development Act of 1974, as amended;

(ii) take action to, affirmatively further fair housing and comply with the provisions of the Civil Rights Acts of 1964 and 1968;

(iii) not attempt to recover certain capital costs of public improvements funded in part with CDBG monies;

(iv) establish a community development plan;

(v) meet all required State and Federal public participation requirements;

(vi) comply, with the Federal requirements of Section 319 of Public law 101-122 regarding government-wide restriction on lobbying;

(vii) with the exception of administrative or personnel costs, verify that no person who is an employee, agent, consultant, officer, or elected official or appointed official of State or local government or of any designated public agencies, or subrecipients 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;

(viii) adhere to ASHRAE/IES 90.1-1989 for energy efficient design and ASHRAE 62-1989 for ventilation requirements in the construction of all commercial and institutional buildings;

(ix) provide a local notch equivalent to 20 percent of the total grant award; and

(x) reviewed the project proposed in the application to be sure that it complies with the community's comprehensive plan and/or applicable state and local land use requirements.

(f) Prohibition on Multiple Grants: Units of local government and unorganized territories may nut benefit from more than one PFIG per grant year.

(g) Prohibition on subsequent Year Award: Units of general local government and unorganized territories that benefited from a 1993 single year PFIG award may not apply for a 1994 PFIG grant. Units of general local government that received a 1993 two year award may not apply again for a PFIG until the 1996 program year. Prohibition against subsequent year awards is program specific.

2. Program Priorities:

(b) Activity Priority: In Phase I of the selection process, applications will receive supplemental points based on the type of activity. The sub-categories of activities and the points available are described below. In the event that an application contains activities from more than one of the sub-categories, the application will receive the average of the available supplemental points.

(i) Sub-category 1: Water, sewer, sewer hook-ups, storm drainage/CSO, downtown revitalization, infrastructure for new housing construction. Applications containing one or more of these activities will receive 5 supplemental points.

(ii) Sub-category 2: Streets/roads, sidewalks, public wharfs/ piers, fire stations and firefighting equipment, community centers, child care/senior citizen centers, health care centers, sheltered workshops, homeless shelters, libraries, transfer stations, removal of architectural barriers. Applications containing one or more of these activities will receive 2.5 supplemental points.

(iii) Sub-category 3: Parking, street, curbs, gutters, public parks, recreation facilities, public works garages, and salt/sand storage facilities. Applications containing one or more of these activities will not receive any supplemental points.

3. Special Program Requirements: PFIG applicants must also comply with the following:

(a) Past Performance : In order to be eligible to apply for the 1993 program, communities that received Community Revitalization (CR) grants in 1989 must have conditionally closed their grants by January 27, 1994. Communities that received CR grants in 1990 must have expended 100% of their benefit activity funds by January, 27, 1994. (communities that received CR grants in 1991 must have obligated 100% of their benefit activity funds by January 27, 1994. (communities that received (CR grants in 1992 must have obligated at least 50% of their benefit activity funds by January 27, 1994.

(b) Exceptions: Grant recipients may submit a request to DECD far a waiver of this special requirement only under the following circumstances: 1) program delays have occurred that are beyond the control of the grantee due to acts of nature or unforeseen changes in scheduled availability of leveraged funds or 2) unanticipated program income has been received and the grantee is unable to meet performance requirements described above.

(c) Maximum Public Facilities/Infrastructure Grant Amounts: The maximum grant amounts are determined by the activity sub-categories described in 2(b) above. For activities in Sub-category 1, the maximum grant amount is $400,000 for a one year grant and $800,000 for a two year grant. For activities in Sub-category 2, the maximum grant amount is $250,000 for a single year giant. For activities in Sub-category 3, the maximum grant amount is $75,000 far a single year grant. Activities in a regional project are eligible for amounts that are 25% greater.

(d) Funding Restrictions: PFIG funds may not be used to assist infrastructure for the purpose of job creation. Job creation infrastructure activities are eligible in the Economic Development Infrastructure Grant program. With the exception of proposals for infrastructure in support of new housing construction, no housing activities may be assisted with PFIG funds. All other housing activities are eligible in the Housing Assistance Grant program.

(e) Grant Termination: The OCD reserves the right to terminate a (community's PFIG grant if progress on the construction begun at the end of Phase II is not apparent within 12 months from the date of signing a contract with DECD.

4. Selection Process: The selection process will consist of two phases: an application phase and a project development phase.

(a) Phase I Application: The maximum length of a Phase I application is ten pages. It is designed to be a description of a community's problems relating directly to public facilities and infrastructure that it would like to address with CDBG assistance. The application deadline is January 27, 1994. Each application will be rated in relation to all other applications. A minimum score of 85 out of 100 will be necessary for an application to be considered further for funding.

(i) Problem Statement (20 points): The Problem Statement is a description of the infrastructure/public facility problems or needs the applicant wishes to address with CDBG assistance. Points will be awarded in the following categories:

(aa) Identification (10 points) - Scope and magnitude of the problems or needs to be addressed with CDBG funds.

(bb) Priority (5 points) - Rank of problems or needs with other local, regional, and/or State problems or needs.

(cc) Health, Safety, Welfare (5 points) - Impact of problem an public health, safety, and welfare.

(ii) Proposed Solution (30 points): The Proposed Solution is a description of what the applicant will do to address problems discussed in the Problem Statement, when the applicant will take actions to solve these problems, and how this will provide a solution to the problems presented. Points will awarded in the following categories:

(aa) Identification (10 points) - Description of what will be done to solve problems included in the Problem Statement.

(bb) Action Plan (20 points) - Identification of tasks, timetables, and responsible parties in implementing the solution.

(iii) Citizen Participation (20 points) - Citizen Participation is a descriptive demonstration of how local citizens, community groups and others were involved in the identification of the problem(s) and solution(s) discussed in the application. Points will be awarded in the following categories:

(aa) Process (5 points) - Discussion of process followed at the local level, including descriptions of public meetings, hearings and other methods to used to solicit citizen involvement.

(bb) Content (10 points) - Extent and results of the participation of citizens in the local process.

(cc) Relevance (5 points) - Connection between citizen participation and Problem Statement and Proposed solution.

(iv) Commitment (20 points): commitment is a description of the other resources that will be contributed to the project. These may include commitments obtained or sought to date. Points will be awarded in the following categories:

(aa) Commitments (15 points) - List and description of the status of each resource committed to the solution.

(bb) Relevance (5 points) - Relationship between commitments and Proposed Solution and attempts to gain other commitments.

(v) Distress (10 points): OCD will derive a community's distress score from following four areas:

(aa) housing (2.5 points): a composite score of two factors: the percent of substandard housing and the percent of households with income less than $15,000 per year and. spending 25% of their income on housing costs. The percentages will be derived from the most recent data available.

(dd) Poverty Level (2.5 points): a score derived by using the percent of persons in a community below 150% of the poverty level as defined by the most recent data available. Poverty level percentages will be ranked within the four population categories discussed above.

(b) Phase II Project Development:

(i) Invitation to Proceed: Applicants will be placed in rank order from highest to lowest according to the scores determined by the scoring team. Starting at the top of the scoring list, applicants will be invited to proceed to Phase II until the funding available in the PFIG program is exhausted. While an invitation into Phase II is not a guarantee of funding, communities will receive the amount necessary to complete its project, up to the maximum.

(aa) Project Planning: Details of the project including engineering, cost analysis, feasibility and/or market studies.

(bb) Project Eligibility: Proposed activities are verified for eligibility pursuant to 24 CFR, Part 570, Subpart 1,.482 and are cleared through the environmental review process pursuant to 24 CFR Part 58.

(cc) Project Benefit: The proposed activities are verified to meet one of the national objectives pursuant to 24 CFR, Part 570, Subpart I., .483 et seq., of either providing direct benefit to low and moderate income persons or removing slum and blighting influences within that community.

(dd) Management Plan: Details of the structure and methods established by the community for program management.

(ee) Regulations: Both State and Federal regulations will be reviewed for compliance.

(ii) Phase II Planning Grants: Pursuant to Section 4 A of this Final Statement, Phase II participants will be eligible for planning grant funds on an as needed basis to assist payment of project development costs. Extent of assistance shall be determined by OCD staff.

(iii) Two Year Grant Criteria: Applicants may be awarded a two year grant if they meet all three of the following criteria:

(aa) The timeframe required to complete the proposed grant activities must exceed the maximum 18 month period allowed for a single year grant;

(bb) The total amount of requested funds must exceed the maximum limit in PFIG Sub-category I for a single year grant or a regional project; and

(cc) The activities proposed for the second year of the grant must be related to, and necessary to complete, activities proposed for the first year; OR, the proposed second year activities must be related to, and necessary to complete, the overall project begun in the first year.

5. Approval Process: The emphasis during Phase II will be to finalize project development. The goal is to develop a local-regional-State partnership that will facilitate project development that best meets the community's identified needs, supports regional development, and is in accordance with State goals. A community liaison will be assigned to your community to work closely with you to identify finalizing your project. Successful completion of Phase II criteria will allow the applicant to contract with DECD and become eligible to receive CDBG funds. Communities not having a signed contract within six months of receipt of a Phase II invitation will forfeit said invitation. The Director of OCD reserves the right to waive this requirement in light of extenuating circumstances.

Project implementation shall begin upon execution of a contract. All activities must be cleared through an environmental review process prior to obligating CDBG funds. OCD staff will remain involved with the community through the end of the project.

C. PUBLIC SERVICE GRANTS

The purpose of a Public Service Grant (PSG) is to address human resource needs in a community by providing funding for operating expenses, equipment and program materials for public service programs.

1. Threshold Criteria: The State will distribute PSG funds for public service activities to local governments through the annual Public Services Grant Application Selection Process. The threshold criteria for the process are listed below:

(a) Eligible Applicants: All units of general local government in Maine, including plantations, are eligible to apply for and receive CDBG bands. County governments may apply on behalf of unorganized territories. Groups of local governments may apply for regional or joint public service projects. Multi-jurisdictional applications require designation of one local government as the lead applicant and consent for that designation by each participating local government. A local government may apply on behalf of a non-profit organization that provides public services in its community.

(b) Ineligible Applicants: Entitlement communities of Portland, Bangor, Lewiston, and Auburn are not eligible to receive PFIG Awards. Except as designated in l (a) above, County governments are not eligible applicants.

(c) Eligible Activities: Eligible activities include operating and program material expenses for child care, health care, job trailing, recreation programs, education programs, public safety services, fair housing activities, senior citizen services, homeless services, drug abuse counseling and treatment, and energy conservation counseling and testing.

(d) Project Eligibility: Upon receipt by the OCD, applications will be reviewed to determine the eligibility of the activities that the applicant proposes to undertake with PSG funds. Those activities must be included in l(c) above and be eligible under 24 CFR, Part 570, Subpart I, .482. In the event that an application contains any activity that is ineligible, the entire application will be judged not to have met the project eligibility criteria. In all cases the applicant will be notified in writing of the determination made by OCD.

(e) Federal and State Certifications for Local Governments: All communities applying for PSG funds must certify they will:

(i) minimize displacement and adhere to a locally adopted displacement policy) in compliance with Section 104(d) of the Housing and Community Development Act of 1974, as amended;

(ii) take action to affirmatively further fair housing and comply with the provisions of the Civil Rights Acts of 1964 and 1968;

(iii) not attempt to recover certain capital costs of public improvements funded in part with CDBG monies;

(iv) establish a community development plan;

(v) meet all required State and Federal public participation requirements;

(vi) comply with the Federal requirements of Section 319 of Public law 101-122 regarding government-wide restriction on lobbying;

(vii) with the exception of administrative or personnel costs, verify that no person who is an employee, agent, consultant, officer, or elected official or appointed official of State or local government or of any designated public agencies, or subrecipients. which are receiving CDBG funding nay 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;

(viii) provide a local match equivalent to 20 percent of the total grant award;

(ix) certify the public service to be provided represents: 1) a new service to the community or, 2) is a quantifiable increase in the level of an existing service above that which has been provided by or on behalf of the unit of general local government (through funds raised by such unit, or received by such unit from the State in which it is located) during the 12 months prior to submission of the application; and reviewed the project proposed in the application to be sure it complies with the community's comprehensive plan and/or applicable state and local land use requirements.

(f) Prohibition On Multiple Grants: Units of local government and unorganized territories may not benefit from more than one PSG per grant year.

(g) Prohibition an Subsequent Year Award: Units of general local government and unorganized territories that received a 1993 single year Public Service award may not apply for a 1994 Public Service grant. Prohibition against subsequent year award is program specific.

2. Program Priorities:

(b) Activity Priority: Not applicable.

3. Special Program Requirements: PSG applicants must also comply with the following:

(a) Past Performance: In order to be eligible to apply for the 1994 PSG program, communities that received Community Revitalization (CR) grants in 1989 must have conditionally closed their grants by February 25, 1994. Communities that received CR grants in 1990 must have expended 100% of their benefit activity funds by February 25, 1994. Communities that received CR grants in 1991 must have obligated 100% of their benefit activity funds by February 25, 1994. Communities that received CR grants in 1992 must have obligated at least 50% of their benefit activity funds by February 25, 1994.

(b) Exceptions: PSG recipients may only submit a request to DECD for a waiver of this special requirement under the following extraordinary circumstances: 1) the recipient has received unanticipated program income and is unable to meet the above performance requirements 2) program delays have occurred that are beyond the control of the grantee due to acts of nature or unforeseen changes in scheduled availability of essential leveraged funds.

(c) Maximum Public Service Grant Amount: The maximum grant amount will be $50,000 for a single grant year. The maximum grant amount for a regional project will be 25% greater.

(d) Funding Restrictions: PSG funding is restricted to non-construction activities as listed in the Eligible Activities Section. Funding for construction or rehabilitation of public service facilities must be in place before a PSG award will be made. ROW service construction activities are considered public facilities and can be included in an application to the PFIG program.

4. Selection Process: The selection process will consist of two phases: an application phase, and a project development phase.

(a) Phase I Application: The maximum length of an application is ten pages. It is designed to be a description of a community's human resource problems that it would like to address with PSG assistance. The application deadline is February 25, 1994. These applications will be evaluated according to the following criteria. A minimum score of 85 points out of a possible 100 will be needed for projects to be further considered for funding.

(i) Problem Statement (20 points): The Problem Statement is a description of the problems or needs the applicant wishes to address with PSG assistance. Points will be awarded in the following categories:

(aa) Identification (10 points): Description/definition of the nature and magnitude of the public service need or problem confronting the applicant.

(bb) Health, Safety and Welfare (10 points): Description of the impact of the problem on individuals within the community and on the community as a whole.

(ii) Proposed Solution (30 points): The Proposed Solution is a description of bow the applicant would like to use PSG assistance to solve the problem(s) discussed in the Problem Statement. Points will be awarded in the following categories:

(aa) Identification (10 points): Description of how PSG funds will be used to solve the problem described in the Problem Statement.

(bb) Action Plan (10 points): Description of the project timetable and parties responsible for implementing the solution.

(cc) Capacity (10 points): Description of abilities of implementing parties to do the project activities.

(iii) Citizen Participation (20 points): Citizen Participation is a descriptive demonstration of how local citizens, community groups and others were involved in the identification of the problem(s) and solutions discussed in the application. Points will be awarded in the following categories:

(aa) Process and Content (10 points): Description of the process used to involve citizens and a summary of the comments and issues raised.

(bb) Relevance (10 points): Discussion of the connection between the citizen participation and the problems and solutions discussed in the application.

(aa) Effort (5 points): Description of how the applicant sought other resources to assist the project.

(bb) Status (10 points): A list and status of commitments far the project.

(cc) Relevance (5 points): Discussion of how the other resources make the solution possible.

(v) Distress (10 points): OCD will derive a community's distress score from the following two areas:

(aa) Unemployment (5 points): a scare determined by taking the community's yearly average unemployment rate and dividing it by the standard of 10% (this figure represents 10% unemployment) . This figure will be multiplied by the 5 points for this category to receive a final score. Communities with a yearly average unemployment rate greater than 10% will automatically receive the total points allowed.

(bb) LMI Percentage (5 points): a score derived by dividing the community's most recent low and moderate income (LMI) percentage by, 51 percent. This figure will be multiplied by 5 to determine final score for LMI percentage. Communities with an LMI of 51 percent or more will receive the total points allowed.

(b) Phase II Project Development:

(i) Invitation to Proceed: Applicants will be placed in rank order from highest to lowest according to Me scores determined by the scoring team. Starting at the top of the scoring list, applicants will be invited to proceed to Phase II until the funding available in the PSG program is exhausted. While an invitation into Phase II is not a guarantee of funding, communities will receive the amount necessary to complete its project, up to the maximum.

(aa) Project Planning: Details of the project including management plan, equipment costs, and program timetable.

(bb) Project Planning: Proposed activities are verified for eligibility pursuant to 24 CFR, Part 570, Subpart I, .482 and are cleared through the environmental review process pursuant to 24 CFR, Part 58.

(cc) Project Benefit: The proposed activities are verified to meet one of the national objectives pursuant to 24 CFR, Part 570, Subpart I, .483 et seq., of either providing benefit to low and moderate income persons or removing slum and blighting influences within that community.

(dd) Management Plan: Details of the structure and methods established by the community for program management. In addition, the community must provide a plan far the continuation of the service after the conclusion of the PSG funding or must demonstrate that the need will be met daring the course of the PSG.

(ee) Regulations: Both State and Federal regulations will be reviewed for compliance.

(ii) Two Year Grant Criteria: Public Service Grants are not eligible far two year grant award.

5. Approval Process: The emphasis during Phase II will be to finalize project development. The goal is to develop a local-regional-State partnership that will. facilitate project development that best meets the community's identified needs, supports regional development, and is in accordance with State goals. A community liaison will be assigned to your community to work closely with you to identify finalizing your project. Successful completion of Phase II critter will allow the applicant to contract with DECD and become eligible to receive CDBG funds. Communities not having a signed contract within six months of receipt of a Phase II invitation will forfeit said invitation. The Director of OCD reserves the right to waive this requirement in light of extenuating circumstances.

Project implementation shall begin upon execution of a contract. All activities must be cleared through an environmental review process prior to obligating CDBG funds. OCD, staff will remain involved with the community through the end of the project.

D. URGENT NEED GRANTS

The purpose of the Urgent, Need Grant (UNG) Program is to provide financing that enables a community to address community development needs having a particular urgency.

1. Threshold criteria: UNG Program applicants must meet the following threshold criteria:

(a) Eligible Applicants: All units of general local government in Maine, including plantations, are eligible to apply for and receive Urgent Need funds. County governments may apply on behalf of unorganized territories. Groups of local governments may apply for regional or joint emergency situations. Multi-jurisdictional applications require designation of one local government as the lead applicant and consent for the designation by each participating local government.

(b) Ineligible Applicants: Entitlement communities of Portland, Bangor, Lewiston and Auburn are not eligible to receive UNG funds form the State. Except as described in 1 (a) above, County governments are not eligible applicants.

(c) Project Eligibility: Pursuant to 24 CFR Part 570 Subpart I .483, the applicant must seek to address a community development need which:

(i) poses a serious and immediate threat to the health or welfare of the community;

(ii) originated or became a direct threat to public health and safety no more than IS months prior to the submission of an application;

(iii) is a project the applicant cannot finance on its own; and

(iv) cannot be addressed with other sources of funding.

(d) Federal and State Certifications for Local Governments: All communities applying far UNG funds must certify they will:

(i) minimize displacement and adhere to a locally adopted displacement policy in compliance with Section 104(d) of the Housing and Community Development Act of 1974, as amended;

(ii) take action to affirmatively further fair housing and comply with the provisions of the Civil Rights Acts of 1964 and 1968;

(iii) not attempt to recover certain capital costs of public improvements funded in part with CDBG monies;

(iv) establish a community development plan;

(v) meet all required State and Federal public participation

(vi) comply with the Federal requirements of Section 319 of Public Law 101-122 regarding government-wide restriction on lobbying; and

(vii) with the exception of administrative or personnel costs, verify that no person who is an employee, agent, consultant, officer, or elected official or appointed official of State cc local government or of any designated public agencies, or subrecipients 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.

2. Special Program Requirements: UNG applicants must also comply with the following:

(a) Necessary Documentation: The emergency situation to be addressed must be of such a nature it requires immediate action to alleviate the occurrence of or the imminent threat of widespread or severe injury or loss of life resulting from any natural or man-made cause.

(b) Application Submittal: Applicants must submit a complete UNG application that includes all required information and documentation.

3. Selection Process: Communities seeking to undertake a project on the basis of urgent need must submit an UNG application which includes the following:

(a) documentation the emergency situation was prompted by natural or man-made disasters that pose an imminent threat of widespread or severe injury or loss of life;

(b) certification the proposal is designed to address an urgent need and an immediate response is essential to initiate action that will halt the threat of widespread or severe injury or loss of life;

(d) evidence confirming the Applicant is unable to finance implementation on its own; and

(e) documentation that other financial resources are not available to implement the proposal.

Urgent Need Grants will be made on a first come basis. Prior to consideration of a grant award, all UNG proposals must meet the four Threshold Criteria in 1(c) above plus the Special Program requirements in 2 above. Grant proposals that meet these requirements may be awarded grants from the UNG Program, until the amount of funds available in the program has been committed. Having committed all funds in the program, the State reserves the right not to accept any other applications.

4. Approval Process: The UNG funds will be available after May 1, 1994. Applications will be accepted on a first come basis. Following receipt of a application, the. OCD shall review the application and verify that it contains all the required information. If the application is complete and funds remain available in the program, the Director of OCD will evaluate each proposal and make the decision on whether or not to make a grant award. Notification to the Applicant of the Director's decision will initiate completion of processes necessary for contract award.

E. RESERVED GRANTS

The purpose of a Reserved Grant is to provide funding for the second year of a Housing Assistance (HA) or Public Facilities/Infrastructure (PFIG) grant award that was initially determined in the previous grant year.

1. Threshold Criteria: 1994 Reserved grantees must meet the following threshold criteria:

(a) Eligible Applicants: All units of general local government in Maine, including plantations, are eligible to apply for and receive Reserved Grants. County governments may apply on behalf of unorganized territories.

(b) Ineligible Applicants: Entitlement communities of Portland, Bangor, Lewiston and Auburn are not eligible to receive Reserved Grant funds. Except as described in 1 (a) above, County governments are not eligible applicants.

(d) the recipient must undertake eligible activities, pursuant to 24 CFR, Part 570, Subpart I, .482, and approved during the 1993 HA or PFIG Phase II processes;

(e) Federal and State Certifications for Local Governments: All communities applying for HA, or PFIG Reserved Grants must certify they will:

(i) minimize displacement and adhere to a locally adopted displacement policy in compliance with section 104(d) of the Housing and Community Development Act of 1974, as, amended;

(ii) take action to affirmatively further fair housing and comply with the provisions of the Civil Rights Acts of 1964 and 1968;

(iii) not attempt to recover certain capital costs of public improvements funded in part with CDBG monies;

(iv) establish a community development plan;

(v) meet all State/Federal public participation requirements;

(vi) comply with the Federal requirements of Section 319 of Public law 101-122 regarding government-wide restriction on lobbying;

(viii) provide a local match equivalent to 10-20 percent of the total grant award or total project cost; and

(ix) reviewed the project proposed in the application to be sure it complies with the community's comprehensive plan and/or applicable state and local land use requirements.

(f) complete the required HA or PFIG Reserved Grant applications.

2. Special Program Requirements: 1994 reserved grantees must meet the following:

(a) Restriction on Applicants: eligible applicants are restricted to the following communities:

(i) Housing Assistance program:

Lisbon $400,000

(ii) Public Facilities/Infrastructure program:

Dixfield	$400,000
Hallowell	$400,000
Van Buren	$400,000

(b) Reasonable Progress: evidence that applicants are on line with the 1993 expenditure schedule as submitted in their HA or PFIG contract. Reserved Grant communities must have demonstrated reasonable progress in staffing, program design and contracting far their current program.

(c) LMI Expenditures: in the aggregate, 70% of the expenditures proposed by Reserved Grantees mist result in benefit to low and moderate income persons.

3. Selection Process: Not applicable.

4. Approval Process: The following actions constitute the approval process for reserved grants:

(a) Applications from Reserved Grant communities will be invited during the 1994 Phase II Process.

(b) Each Reserved Grant application will be reviewed. by the OCD. The OCD will:

(i) Review status reports of Reserved Grant communities and compare the reserved grant application to the second year of the project as proposed in the previous year's Phase II process;

(ii) Review activity schedule and management plan for acceptability based on project design and budget; and

(iii) Develop recommendations for the CDBG Program Manager regarding the application's acceptability, grant conditions and funding level.

(c) Recommendations an Reserved Grant applications will be reviewed by the CDBG Program Manager, who will recommend to the Director and commissioner of the DECD that the Reserved Grant community:

(i) Be funded at the requested level;

(ii) Not receive a reserved grant (if ineligible costs were incurred during the administration of the previous year or the project is no longer feasible); or

(iii) Be funded at a reduced level (the amount of reduction will be determined by the changes in the project's activities and schedules as originally proposed or by evidence that the project cannot accomplish its original goals).

(d) The Commissioner of the DECD will announce reserve grant awards during the 1994 Phase II process.

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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Code of Maine Rules19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT498 - OFFICE OF TOURISM AND COMMUNITY DEVELOPMENTChapter 9 - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: 1994 FINAL STATEMENTSection 498-9-2 - COMMUNITY DEVELOPMENT METHODS OF DISTRIBUTION

Code of Maine Rules
19 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
498 - OFFICE OF TOURISM AND COMMUNITY DEVELOPMENT
Chapter 9 - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: 1994 FINAL STATEMENT
Section 498-9-2 - COMMUNITY DEVELOPMENT METHODS OF DISTRIBUTION