Current through Register Vol. 35, No. 18, September 24, 2024
A.
Goals and objectives: The
state's CDBG economic development goals and objectives include:
(1) creating or retaining jobs for low - and
moderate-income persons;
(2)
preventing or eliminating slum areas and blighted areas;
(3) meeting urgent needs;
(4) creating or retaining businesses owned by
community residents;
(5) assisting
businesses that provide goods or services needed by, and affordable to low -
and moderate-income residents;
(6)
providing technical assistance to promote any of the activities under Paragraph
(1) through (5) of Subsection A of 2.110.2.26 NMAC.
B.
Eligible activities: CDBG
eligible activities authorized under Sections 570.200, 570.201, 570.202,
570.203, 570.204, 570.482 and 570.483 of the federal rules and directly
affecting the creation or retention of employment opportunities, the majority
of which are made available to low and moderate income persons, may include
activities carried out by public, private nonprofit, or private for-profit
entities when such activities are appropriate.
(1) To meet the needs and objectives of the
community economic development plan, a project may include: acquisition of real
property, construction, reconstruction rehabilitation, or installation of
public facilities, site improvements, and utilities, and commercial or
industrial buildings or structures and other commercial or industrial real
property improvements and planning.
(2) Grantees and nonprofit sub recipients may
carry out for the purpose of economic development, a wide range of activities
such as those listed in Section 570.203 of the federal rules.
(3) The for-profit businesses, however, may
carry out only the activities listed in that section and rehabilitation
activities listed in Section 570.202 of the federal rules.
C.
Financing policies and
techniques: The CDBG program, as a development tool, can provide
flexibility and take greater risks than conventional lending sources in its
lending policies and financing techniques. For example, the program may:
(1) offer a negotiated period for repayment
of principal and interest;
(2) take
greater risk than banks are traditionally prepared to take, provided
substantial economic development benefits will result if the loan is
granted;
(3) leverage capital by
reducing risk for commercial lenders and by taking a subordinate
security/collateral position; or
(4) provide more favorable rates and terms
than are generally available through conventional sources.
D.
Project requirements: Project
requirements for eligible CDBG economic development assistance include, but are
not limited to:
(1) specific employment
commitments for low and moderate income residents, generally with no more than
fifty thousand dollars ($50,000.00) in CDBG funds being used for each job
created or retained;
(2) at least
fifty-one percent of the jobs created/retained must be held or made available
to persons of low to moderate income persons;
(3) within six months of completion of the
project, the grantee is required to report to LGD, documentation to reflect the
total number of jobs created or retained;
(4) a firm commitment for private financial
participation in carrying out the proposed project, contingent on award of CDBG
funding only, must be included with the application;
(5) a minimum leveraging ratio of one new
private investment dollar to one CDBG dollar is required additional; greater
leveraging will enhance a project's competitiveness;
(6) a determination by the applicant and its
governing body that there is a well-documented need for CDBG assistance to make
the project financing feasible and that the level of assistance requested is
commensurate with the public benefits expected to be derived from the economic
development project;
(7) evidence
of project feasibility including a business plan that contains financial
statements, project pro forma (cash flow projections) and specific source and
intended use of all funds or assets used in the project;
(8) generally, projects that directly assist
in the relocation of a business or industry from one community to another,
intrastate or interstate, will be disqualified;
(9) prior to submission of an application,
applicants should thoroughly review the credit worthiness of the proposed
borrower and should obtain appropriate credit reports, audited financial
statements, tax returns and verify collateral.
E.
Program income: In addition
to program income the requirements of
2.110.2.22 NMAC
the Housing and Urban Rural Recovery Act that amended the Housing and Urban
Rural Recovery Act 1983, provides, relative to economic development, the
following:
(1) states may require program
income to be returned to the state but local governments must be allowed to
keep program income when used for the same activity which generated the
income;
(2) if the applicant
intends to retain program income, a program income utilization plan must be
submitted with the application for approval.
F.
Application cycle:
Applications for economic development can be submitted at any time, and the
division staff has 30 days to review them.
G.
Pre-application conference:
It is recommended that a pre-application conference be held prior to the
submission of the final application to ensure that all elements are adequately
addressed and to review any new federal guidelines that may be issued that
relate to economic development activities. Contact the division, economic
development representative for information. More detailed and extensive
financial and project data may be required depending on the specific project.
In addition, meeting the national objective to benefit low and moderate income
requires documentation certifying that the majority of the jobs are created for
or retained by low and moderate income persons or the majority of jobs are
considered available to them. Please contact the division for a copy of the HUD
guidelines.
H.
APPLICATION
REQUIREMENTS: The following must be included along with the regular CDBG
application, and should be submitted in lieu of question #2 in the regular
application.
(1)
Economic development
plan: The applicant must submit as an attachment to the application a
short (five page maximum) description of its plan for encouraging local
economic development. The plan, incorporating references to the proposed
project, should include a discussion of the following elements.
(a)
Need - List the community's
underlying economic problems. Need might include recent major industry
shutdowns or extended layoffs, substantial increases in population without a
corresponding increase in job opportunities, substantial population decreases
due to lack of available or appropriate job opportunities, a lack of industrial
diversification, the existence of large numbers of workers in the area with
obsolete skills or skills for which there is no current demand, or other
problems unique to the applicant's community.
(b)
Goals - Describe what the
community attempting to accomplish through its overall economic development
program (not just that activity for which CDBG funding is sought). Goals might
include preserving existing businesses or industries, encouraging community
growth, fostering industrial diversification, revitalizing the central business
district, or creating complementary industries to provide jobs in the
off-season for workers now only seasonally employed.
(c)
Resources - List the public
and private resources, both financial and technical, available to available to
help the community carry out its economic development program. Resources may
include for example, a local development corporation or similar body has any
agency organization assigned staff member(s) to work on economic development
activities for a major portion of their time has the financial community's
demonstrated willingness to participate in development activities, whether
there is adequate available labor force to meet the demands of new or expanding
businesses and industries, or whether the community has unique development
advantages, e.g., location, transportation facilities, industrial park or other
plant sites, available raw materials, abundant power supplies, employee
training capabilities, a locally-administered revolving loan fund to assist
growing businesses or industries, technical assistance programs to help
business people deal with marketing, management, or financial planning
problems.
(d)
Strategy
- Describe the strategy the community is using to pursue its economic
development goals. Strategy might include the specific prioritized activities
that have been identified as components of the community's strategy for
encouraging local economic development costs of each strategy, funding sources
available, and how the local government will support the strategies. Strategies
might include offering property tax reductions to new or expanding industries,
forming a local economic development corporation, or preparing industrial or
tourism promotion packages.
(e)
Results - Describe actions the community has already undertaken to
implement its economic development plan, the funding sources used and results
achieved. Results may include how many new jobs have been created or existing
jobs retained, how many new firms have begun operations in the community. Or
how many existing firms have undertaken expansion activities.
(2)
Hiring and training
plan:
(a) Applicants must establish
procedures for the project to ensure preferential recruitment, hiring, and
training of local workers, particularly those of low and moderate
income.
(b) In the event of a grant
award, the applicant's commitment to the hiring plan will be considered binding
and will be incorporated by reference in the grant agreement between the local
governing body and the division.
(3)
Private sector commitments:
(a) Applicants must provide evidence of firm
commitments of financial resources from the private sector.
(b) Such commitments should be binding,
contingent only upon receipt of CDBG funds.
(c) Investments made or costs incurred prior
to the grant application are not eligible for use as matching funds or leverage
but should be referenced as related to the total project, if
applicable.
(4)
Public sector commitments:(a) If
public sector resources are to be involved in the proposed economic development
project, applicants must demonstrate evidence of a firm commitment of public
funds or other resources.
(b) Such
commitments should be binding, contingent only upon receipt of CDBG funds to
the project.
(c) Evidence may
include resolutions or ordinances passed by the local governing body and other
appropriate local groups.
(5)
Use of CDBG funds for economic
development loans (if applicable):
(a)
Any project that includes a loan should provide an explanation of the proposed
interest rate, terms and rationale for the proposed financing
structure.
(b) Any loan made by a
local governing body with CDBG funds as a part of an approved CDBG economic
development project must be adequately secured.
(c) Subordinated loans may be made when
justifiable and appropriate in the sole discretion of council.
(d) The applicant must include a detailed
description of the proposed use of program income. (principal and interest).
Applicants are encouraged to designate program income to be returned to the
state for future economic development set-aside eligible activities.
(6)
Viability of assisted
enterprises: Any for-profit entity to be assisted with CDBG funds must
document that without participation of CDBG funds the proposed activity would
not be feasible and that after receipt of CDBG assistance the enterprise will
be viable and self-sustaining. All applicants proposing an economic development
activity shall submit the following for any entity to be assisted with CDBG
funds.
(a) a business plan consisting of at
least a description of the history of the firm, background, and experience of
the principals, organizational structure, a description of its major products
or services, market area and market share, goals, and planned expansions or
changes in operations; the plan should also describe the impact the CDBG
project, if funded, would have on the firm's activities;
(b) a three year to five year operating plan
forecast (profit and loss projection); applicants may use SBA forms or
equivalent;
(c) a monthly cash flow
analysis, SBA forms or equivalent;
(d) for any existing business, the two most
recent year-end financial statements, including an income statement and balance
sheet.
I.
RATING CRITERIA: The economic development rating criteria will
give priority to projects that firmly demonstrate the following: need,
appropriateness, impact, and benefit to low and moderate income persons. Since
each application will be unique, there are no "right" or "wrong" activities or
solutions. The ranking of "appropriateness" and "impact" will necessarily be in
part subjective, with the division taking into account not only how well each
applicant addresses the problems it has defined, but also how its problems and
responses compare with those of other applicants.
(1)
NEED - (200 points) - In
analyzing an applicant's need for a project, the division will use statistical
information provided by the New Mexico department of workforce solutions and
the U.S. bureau of the census which is uniformly available for all 33 counties.
Since similar data is not accumulated at the municipal level, cities and towns
will be scored with the figures for the county in which they are located. The
three factors that will be considered are: the average number of unemployed
persons in the county during the last calendar year; average percent of
unemployment in the county during the last calendar year; the average
unemployment rate in the county in the last five calendar years.
(a) The data will be calculated and each
applicant assigned a relative score.
(b) The division will consider assigning a
different score in exceptional cases, where an applicant can conclusively
demonstrate that the first two factors used to measure economic need are not
reflective of local economic conditions (such as major recent plant closings)
and the situation is substantiated by the New Mexico department of workforce
solutions. A request for consideration of local economic data must be submitted
with the application. The applicant should identify sources of data and define
methodologies.
(2)
APPROPRIATENESS - (200 points) - Scores will be based on the
soundness of the applicant's economic development plan and the related project
for which CDBG funding is sought, and the strength of the applicant's hiring
and training plan for ensuring that local residents, particularly those of low
and moderate income, will be hired to fill the stated number of jobs created or
retained as a result of CDBG-funded activities. Points are available as
follows:
(a)
Plan and program -
(140 points) - Scoring will reflect whether:
(i) the applicant has developed a complete,
well-reasoned, appropriate, and achievable plan for dealing with its total
economic development needs, taking into consideration all available public and
private resources and local capacity;
(ii) the local governing body has officially
adopted the economic development plan as a matter of public policy;
(iii) the proposed project is an integral
part of that plan; (it need not be the first priority item identified in the
overall plan if other, more appropriate, resources are available and already
being used to meet higher priority items);
(iv) the applicant has made substantial local
efforts to deal with its economic development problems;
(v) the proposed CDBG project is realistic
and workable, and the job savings or creation expected to result from its
implementation will occur within a reasonable time following the date of grant
award;
(vi) if income is to be
generated by CDBG-funded activities, and retained locally, a plan for the use
of that program income has been developed and submitted with the application;
this plan must include mechanisms established for administration of the funds,
(if a revolving loan fund is to be established with program income, procedures
must be outlined covering local application processing, time frames, approval,
negotiation, pricing, packaging, servicing, etc.);
(vii) there has been active citizen
participation in the development of the economic development plan and in the
selection of the project.
(b)
Hiring and training plan -
(60 points) - Each applicant must include in its application an employment and
training plan to be used in filling jobs created or retained as a result of
CDBG activities. Scoring will reflect whether:
(i) the applicant's employment and training
plan provides clear, complete procedures for outreach, recruitment, screening,
selection, training, and placement of workers which will ensure maximum access
of local residents, particularly persons of low and moderate income, to jobs
created or saved by the project;
(ii) attention has been given to necessary
supportive services for trainees needing them;
(iii) a complete training curriculum has been
developed and all training resources identified;
(iv) responsibility has been assigned for all
phases of the training program;
(v)
a written agreement to follow the plan has been obtained from each firm
expected to benefit directly from the project.
(3)
IMPACT - (200 points) - In
weighing the anticipated impact of the applicant's proposed CDBG activities on
the community's identified problems, the following four factors will be scored:
(a)
Leverage - (50 points) -
Applicants will be scored based on the ratio of private non-CDBG dollars for
each dollar of CDBG funds requested.
(b)
CDBGdollars per
job - (50 points) - The total CDBG funds to be used (exclusive of
administrative funds) will be divided by the total number of full-time jobs
expected to result. In evaluating an applicant's job creation projections, the
division will consider the historical relationships of sales, space, and
machines to jobs. It will also look at typical ratios for the industry of which
the firm to be assisted is a part. Applicants should be prepared to justify job
creation claims that substantially exceed industry norms or fifty thousand
($50,000) per job created or retained.
(c)
Type of jobs - (50 points) -
Applicants must indicate the percentage of jobs to be created or retained that
are full-time or part-time, skilled, semi-skilled, or unskilled. Scores will be
higher to the extent and application will create or retain full-time skilled,
and semi-skilled jobs.
(d)
Overall economic impact - (50 points) - The applicant must discuss
both the direct and indirect effects the CDBG program is expected to have on
the community's economy. Some of the factors that will be scored are:
(i) the additional payroll expected to be
generated for the jobs created or retained by the program;
(ii) the total number of jobs to be created
or retained;
(iii) whether the firm
to be assisted is an economic base industry (producing goods or services mainly
to be sold outside the area or state, thereby importing dollars into the
community and state economy); and
(iv) whether local property tax revenues will
be significantly increased as a result of the proposed business start-up,
expansion, retention, etc.
(4)
BENEFIT TO LOW AND MODERATE INCOME
PERSONS - (200 points)
(a) This
ranking criterion assesses the extent to which persons of low and moderate
income will directly benefit from the expenditure of CDBG funds. To determine
this score, the number of jobs to be created or retained and made available to
low and moderate income persons will be divided by the total number of jobs to
be created or retained as a result of the CDBG program.
(b) The highest score will receive up to a
maximum of 200 points to be eligible for consideration a project must
demonstrate that it will benefit principally persons of low and moderate
income.