Current through Register 1536, December 6, 2024
Section 29.03 - Purpose and Designation of an Eligible Entity and Areas to Be Served(1)Purpose. A CAA or other eligible entity shall fulfill the purposes enumerated in § 672 of the CSBG Act, 42 U.S.C. § 9901, within the area which it is designated to serve, as defined in 760 CMR 29.03(2), and shall assure access to its programs for all eligible low income persons in its Areas to be Served.(2)Areas to be Served. A CAA or other eligible entity may conduct CSBG funded programs and activities only in the city(ies) or town(s) included in its designated service areas which are not included in another CAA or other eligible entity's designated service area.(3)Designation of Eligible Entities in Unserved Areas. (a) The existing CAAs in Massachusetts are eligible entities which receive CSBG funding to carry out programs and activities in their designated service areas. If a city or town has not been, or ceases to be served by an existing CAA under the CSBG, the Department may at any time initiate a process for the designation of a CAA or other eligible entity pursuant to provisions of applicable federal and state law, including the CSBG Act, 42 U.S.C. § 9901 et seq., and M.G.L. c. 23B § 24 and in accordance with 760 CMR 29.03(3).(b) The procedure for designation shall be as follows:1. The Department will notify in writing and request written applications from: a. any private nonprofit organization that is geographically located in the unserved area, that is capable of providing a broad range of services designed to eliminate poverty and foster self-sufficiency, and that meets the requirements of the CSBG Act, 42 U.S.C. § 9901 et seq.; andb. any private nonprofit eligible entity that is geographically located in an area contiguous to or within reasonable proximity of the unserved area and that is already providing related services in the unserved area.2.Requirement. In order to serve as the area's designated eligible entity, an entity described in 760 CMR 29.03(3)(b)1.b. shall agree to add additional members to the board of the entity to ensure adequate representation:a. in each of the three required categories described in the CSBG Act, 42 U.S.C. § 9901 et seq., and 760 CMR 29.06, by individuals who reside in the community comprised by the unserved area; andb. in the category relating to low income individuals, by members that reside in the neighborhood to be served.3.Special Consideration. The designation shall be granted to an organization of demonstrated effectiveness in meeting the goals and purposes of the CSBG. Priority may be given to eligible entities that are providing related services in the unserved area, consistent with the needs identified by a community-needs assessment.4.No Qualified Organization in or near Area. If no private, nonprofit organization is identified or determined to be qualified under 760 CMR 29.03(3) to serve the unserved area as an eligible entity, an appropriate political subdivision may be designated to serve as an eligible entity for the area. In order to serve as the eligible entity for that area, the political subdivision shall have a board or other mechanism as required in § 676B(b) of the CSBG Act, 42 U.S.C. § 9910, and 760 CMR 29.06.(c) The Department will establish timeframes, selection criteria and submission requirements for the applications, including but not limited to descriptions and evidence of management and organizational capacity, neighborhood support, local impact, and service delivery/coordination plans. If more than one satisfactory application is received pursuant to a request made under 760 CMR 29.03(3)(b), the Department shall consider the applications and determine which CAA or other eligible entity is the most capable of serving the best interests of the low income population.(d) During the process the Department shall solicit comments from the chief elected official and/or other local official(s) of a city or town in which it intends to designate a CAA or other eligible entity, and from the Massachusetts Association for Community Action, Inc.Amended by Mass Register Issue 1329, eff. 12/30/2016.Amended by Mass Register Issue 1332, eff. 12/30/2016.