19- 498 C.M.R. ch. 17, § 1

Current through 2024-50, December 11, 2024
Section 498-17-1 - PROGRAM OVERVIEW
A. CDBG OBJECTIVES

The Maine CDBG Program serves as a catalyst for local governments to implement programs which:

1. benefit low and moderate income persons;
2. are part of a long range community strategy;
3. improve deteriorated residential and business districts and local economic conditions;
4. provide the conditions and incentives for further public and private investment; and
5. 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.
B. METHOD OF DISTRIBUTION

DECD, through the Office of Community Development (OCD), offers programs allowing municipalities to achieve their community development objectives. The 1998 Program Statement provides a description of the selection criteria that OCD will use to allocate CDBG funds among communities. Programs are grouped under three broad categories: Community Development, Economic Development and Planning.

1. Community Development
a. Housing Assistance Grants
b. Public Facilities/Infrastructure Grants
c. Public Service Grants
d. Downtown Revitalization Program
e. Urgent Need Grants
2. Economic Development
a. Development Fund
b. Regional Assistance Fund
c. Micro-Loan Program
d. Economic Development Infrastructure Grants
e. Business Assistance Program
f. Interim Finance Program
g. Regional Super Park Program
3. Planning
a. Phase II Planning Grants
b. Community Planning Grants
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 DECD will utilize $100,000 plus 2% of its allotment from the Department of Housing and Urban Development (HUD) to administer Maine's Small Cities CDBG Program in accordance with Federal, State and local requirements.
2. Technical Assistance Administration Allocation: Pursuant to Section 106(d)(5) of the Housing and Community Development Act of 1974, as amended, DECD will utilize 1% of its allotment from HUD to provide technical assistance to local governments and nonprofit program recipients.
D. EXCLUSION OF ENTITLEMENT COMMUNITIES

The entitlement communities of Auburn, Bangor, Lewiston and Portland are not eligible to receive State CDBG program funds.

E. PROGRAM TIMEFRAME

Housing Assistance December 19, 1997
Economic Development Infrastructure February 20, 1998
May 8, 1998
July 10, 1998
Business Assistance Program Open
Public Facilities/Infrastructure January 16, 1998
Micro-Loan March 6, 1998
Downtown Revitalization Program January 30, 1998
Community Planning February 27, 1998
Public Service April 24, 1998
Urgent Need 1st come basis beginning
March 1, 1998
Development Fund Monthly
Regional Assistance Fund Open
Interim Finance Program Open
Regional Super Park August 1, 1998

F. PROGRAM BUDGET

The program budget indicates how CDBG Funds will be allocated for the 1998 grant year. The amount of the 1998 federal allocation is projected to be $16,561,000. The amount available for each program is indicated in the following budget.

COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET

GRANT YEAR 1998

Projected FY 1998 CDBG Budget $16,561,000
Administration 397,615
Technical Assistance Administration 165,610
Regional Council Technical Assistance 200,000
1. Housing Assistance Grants 2,400,000
2. Public Facilities/Infrastructure Grants
Category 1 3,600,000
Category 2 1,500,000
Category 3 100,000
3. Public Service Grants 300,000
4. Urgent Need Grants 247,775
5. Downtown Revitalization Grants 800,000
6. Development Fund1 0
7. Regional Assistance Fund 800,000
8. Micro Loan Program 400,000
9. Economic Development Infrastructure Program 3,200,000
10. Regional Super Park Program 1,000,000
11. Interim Finance Program see below*
12. Business Assistance Program 1,200,000
13. Phase II Planning Grants 100,000
14. Community Planning Grants 150,000

1 The 1998 Development Fund Loan Program will operate on program income only. Development Fund program income is projected to be $650,000.

*The budget for the Interim Finance Program is comprised of monies not yet disbursed from each of the other programs. These monies are lent on a short-term basis. The maximum budget for this program is $5,000,000. This program is capitalized only as loans are issued.

G. THRESHOLD CRITERIA AND REGULATIONS FOR THE CDBG PROGRAM
1. The following state and federal regulations APPLY TO ALL PROGRAMS:

Federal and State Certifications for Local Governments:

All communities applying for CDBG 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 improvements funded in part with CDBG funds;
(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) review 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.
2. The following general requirements APPLY TO ALL PROGRAMS:
(a) Prohibition on Multiple Grants: Except for the Development Fund (DF), Business Assistance (BA) and Regional Assistance Fund (RAF) programs, units of local government and unorganized territories may not apply for, or benefit from, more than one grant per program per grant year.
(b) Prohibition on Subsequent Year Award: Except for the Development Fund Program, Economic Development Infrastructure Program, Business Assistance and the Public Facilities Infrastructure Program category #1, units of local government and unorganized territories that benefited from a 1997 award may not apply again in that specific program until the 1999 program.
(c) Computation of Distress Scores for Multi-Jurisdictional Applications: Distress scores for multi-jurisdictional applications will be computed on a weighted average basis. (population 1)(distress 1)+(population 2)(distress 2)+... /population 1 + population 2 +... = weighted average distress score.
(d) Phase II Planning Grants: Phase II participants may be eligible for planning grant funds on an as needed basis to assist with payment of project development costs. Extent of assistance shall be determined by OCD staff.
(e) Grant Termination: The OCD may terminate a community's grant if progress on the project is not apparent within 6 months from the date of contract signing.
(f) Project Eligibility: Applications will be reviewed to determine eligibility of activities the applicant proposes to undertake with CDBG funds. Those activities must be included in the list of eligible activities under the "special threshold criteria and certifications" section for the respective program being applied for and be eligible under Section 105(a) of the Housing and Community Development Act of 1974, as amended.
(g) Project Benefit: Applications will be reviewed to verify that the proposed activities meet one of the CDBG Program national objectives pursuant to Section 104(b) 3 of the Housing and Community Development Act of 1974, as amended. If the activity does not meet a national objective the application will not be considered for funding. The applicant will be notified in writing of the determination made by the OCD.
(h) Preference for Certified Communities: In accordance with Title 30-A M.R.S.A. subsection4349(2)(B) communities with certified growth management programs (as determined by the State Planning Office), as of 30 days prior to application deadline, will receive preference in the award of CDBG grants in the following situation:

In the event of a tie between communities receiving the lowest funded application score in any particular program, the grant will be awarded to the certified community, except where the tie is between a certified community and a community that never received an offer of financial assistance to develop a growth management program.

3. The following Threshold Criteria APPLY ONLY TO THE FOLLOWING PROGRAMS:

* Housing Assistance (HA) * Public Service Grant (PSG)

* Economic Development Infrastructure (EDI) * Micro Loan (ML)

* Public Facilities Infrastructure (PFIG) * Business Assistance (BA)

* Community Planning Grant (CPG) * Downtown Revitalization (DR)

(a) Eligible Applicants: All units of general local government in Maine, including plantations, are eligible to apply for and receive CDBG funds. County governments may apply on behalf of unorganized territories. Counties may make more than one application per program, but only on behalf of different unorganized territories. Groups of local governments may apply for multi-jurisdictional or joint projects. 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) 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. Scores will be determined by: (all scores - lowest score) / (all scorers - 1) plus distress scores. Starting at the top of the scoring list, applicants will be invited to proceed to Phase II. An invitation into Phase II is not a guarantee of funding. However successful communities will receive an amount sufficient to complete their project, but not over the maximum grant award for that program. Phase II project development includes:
(aa) Project Planning: Details of the project including pre-engineering, inspections, cost analysis, feasibility and/or market studies.
(bb) Management Plan: Details of the structure and methods established by the community for program management.
(cc) Regulations: Phase II applications will be reviewed for compliance with State and Federal regulations.
(dd) Project Eligibility: Verification that proposed activities are eligible pursuant to Section 1.G.(2)(f) of the Program Statement.
(ee) Project Benefit: Verification that proposed activities meet one of the CDBG Program national objectives.
(ff) Environmental Review: Review of project for compliance with state and federal environmental regulations.
(c) 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 to best meet the community's identified needs. An OCD Project Development Specialist will be assigned to work closely with each community to finalize their project. Successful completion of Phase II criteria will allow the applicant to contract with DECD and receive CDBG funds. Communities not completing their Phase II application within six months of receiving a Phase II invitation will forfeit their grant award. The Director of OCD may 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 throughout project implementation.

19- 498 C.M.R. ch. 17, § 1