19- 498 C.M.R. ch. 32, § 3

Current through 2024-50, December 11, 2024
Section 498-32-3 - ECONOMIC DEVELOPMENT
A. ECONOMIC DEVELOPMENT PROGRAM

Funds for economic development activities are provided to communities as gap funding to assist businesses in the creation/retention of jobs for low- and moderate-income persons. Economic development programs are offered in the following categories:

CategoryMaximum Award Amount

Business Assistance (BA) $400,000

The BA program provides grants for gap financing to assist businesses to create or retain jobs for low and moderate-income persons.

Applications Due: February 20, 2004, May 21, 2004, August 20, 2004

Development Fund (DF) $250,000

The DF program provides loans for gap financing to assist businesses to create or retain jobs for low and moderate-income persons.

Applications Due: February 20, 2004, May 21, 2004, August 20, 2004

Regional Assistance Fund (RAF) $200,000

The RAF program provides grants for required local match to bring additional money to the State to assist businesses to create or retain jobs for low and moderate-income persons or for eligible economic development planning activities.

Applications Due: February 20, 2004, May 21, 2004, August 20, 2004

1. Threshold Criteria:
(a)Project Benefit: Projects must be an eligible economic development planning activity in the case of RAF or in all other instances, at a minimum, 51% of all jobs created or retained as a result of the project must be taken by persons of low and moderate income. Jobs created/retained must be in the community applying for the program award, be new jobs to that community, and not be associated with any other branches of the assisted business located in another community. Transfer positions cannot be counted toward the job creation/retention requirements. In the event that job creation requirements are not met, the applicant community will be responsible for immediate repayment of all CDBG funds to the State.
(b)Cost Per Job: The targeted cost per job created or retained with program funds is $10,000.
(c)Eligible Activities: The eligible activities are as follows:

BA - acquisition, reconstruction, rehabilitation, or installation of commercial or industrial buildings, structures, capital equipment, and real property improvements.

DF - acquisition, reconstruction, rehabilitation, or installation of commercial or industrial buildings, structures, capital equipment, real property improvements, personal property and equipment and operating capital. DF program funds cannot be used to refinance existing debt.

RAF - provide the required local match necessary to secure new funds to the State for acquisition, reconstruction, rehabilitation, or installation of commercial or industrial buildings, structures, capital equipment, and real property improvements, personal property and equipment and eligible economic development planning activities.

2. Program Requirements:
(a) Necessary and Appropriate: Program assistance to a business must be for projects that are necessary and appropriate. The application must describe the need for program assistance, reasonableness of the amount requested, the repayment plan (DF only), and assurance that the assistance provided is commensurate with the community benefits that will accrue from the project. Documentation must be provided that the project cannot proceed without program participation and that program funds provide gap financing.
(b) Financing Plan: For other than eligible RAF planning activities, the program application must present a financing plan for a project in which the request comprises the lesser of the maximum award amount or 40% of the total project cost. Project activities and use of funds to calculate the non-program financing must represent a new investment or a new project. The financing necessary to support at least 60% of the total project cost must be firm commitments from non-CDBG funds and must be documented by binding commitment letters submitted with the application.
(c) Exclusions: Communities receiving a BA, DF or RAF award may not receive any other CDBG funded economic development activity award (including EDI) for the same project or business during the same program year.
(d)DF Program ONLY:
(i)Loan: The DF program is a grant to the unit of general local government. The recipient must use the funds as a loan to the identified business. The loan must be provided under the terms stated in a DF Program Letter of Commitment and the contract between DECD and the community.
(ii)Repayment Terms: Justification for the repayment terms relate to filling the financing gap, identifying the rate of return allowed through the repayment terms, or specifying the locational cost differentiations and the benefit derived from the assistance. A special interest rate of 2% will be available for projects located in a downtown area as defined in PL 776 enacted by the 119th legislature.
3. Selection Process: Project applications will be evaluated as a viable business proposal or RAF eligible planning activity. The following will be considered:
(a) Strategy Priority: The program will give priority to business activities that support the state's economic development strategy. The Program, whenever possible, will be targeted towards economic sectors identified in the strategy.
(b) Chance of Success: The proposal must demonstrate the following:

- a market/need exists for the product, service or planning activity

- the cost of the product, service or planning activity is competitive in current market conditions

- the cash flow projections are adequate to support operating expenses and indebtedness for the business activities

- management has the capacity to carry out the business or development plan

- no unidentified costs are necessary for implementation.

(c) Financial Plan: The financing for the project must be in place and legally binding commitments submitted with the application. The financing need for the project must be based on an assessment of its financial resources and show a reasonable leverage ratio of private and public dollars. The proposal must be structured to meet any cash flow projections. The project pro forma must be reviewed by an independent qualified financial professional. The financing plan must be complete with no unidentified uses of funds necessary to complete the project. Any attorney fees and closing costs are the responsibility of the business and cannot be paid with program proceeds. In the case of DF awards, the business must pay all attorney fees and related closing fees at the time of loan closing.
(d) Equity: The proposed program recipient has made an equity commitment to the project, preferably through cash injection. Other substantial participation may substitute for cash equity as determined by the DECD.
(e) Repayment - DF Loan: Loan repayment terms will allow a project to be implemented while providing the maximum and most expeditious return of CDBG DF monies.
(f) Security DF ONLY: The proposed loan recipient must present collateral appropriate to secure the DF Loan and indicate a willingness to execute security agreements. The discount collateral coverage ratio is 1:1. In projects involving subsidiary corporations a corporate guaranty must be obtained from the parent corporation. Personal guaranty and/or principal life insurance assignment may be required on a case-by-case basis. Purchase money security interest is required on all machinery and equipment purchased with DF loan proceeds unless the purchase price exceeds the loan amount, in which case a pro-rated share interest will be held with any other lender(s).
(g) Public Benefit: The proposal will be evaluated on the basis of the community and economic benefits resulting from the project.
(h) Cost: The number of permanent jobs created or retained per program dollar and the increase in local tax revenue resulting from the project will be evaluated. Overall project cost effectiveness also will be considered.
(i) Low and Moderate Income Benefit: Benefit to LMI persons will be evaluated. The integration of job training programs, job advancement opportunities, education and training programs, and referral services from Joint Training Partnership Act and Job Service will also be reviewed.
(j) Community and Economic Development: The primary and secondary impacts of the project on the community's current and future economic development will be evaluated.
4. Approval Process:
(a) Application: Applications must be submitted on the appropriate dates. RAF applications must not be submitted until an application has been accepted by the appropriate agency (such as EDA) and is working toward a full application. Once submitted, the DECD Economic Development application Review Team will evaluate applications using the criteria outlined in the Program Statement and the individual application package. Successful applicants will be invited to proceed into the project development phase. DECD or its designee will conduct a project development, financial and credit analysis for each proposal.
(b) Staff Recommendations: Following the ED Review Team evaluation, one of the following recommendations will be made to the Director, Office of Community Development and the DECD Commissioner:
(i) approval of requested amount and terms;
(ii) approval of requested amount but under different terms;
(iii) rejection with staff recommendations for resubmission or to provide additional information; or,
(iv) rejection.
B. INTERIM FINANCE PROGRAM

The Interim Finance Program (IFP) utilizes funds not disbursed in the State's Letter of Credit for grants to communities to assist businesses or developers in creating housing and job opportunities for low and moderate-income people through short-term loans. The duration of loans will be dependant on availability of CDBG funds.

1. Threshold Criteria:
(a) The proposed activities must meet the low and moderate-income objective as described below:
(i) At a minimum, 51% of the jobs created or retained as a result of the IFP project must be taken by persons of low and moderate income. Jobs created/retained must be in the community applying for the IFP, be new jobs to that community, and not be associated with any other branches of the assisted business located in another community. Transfer positions cannot be counted toward the job creation/retention requirements. In the event that job creation requirements are not met, the applicant community will be responsible for immediate repayment of all CDBG funds to the State.
(ii) at least 51% of the housing units created by the IFP project must be occupied by low and moderate-income households, or
(iii) the IFP expenditures reduce the development costs for new multi-family, non-elderly housing construction where not less than 20% of the units will be occupied by low and moderate-income households at affordable rents and the proportion of the total cost of developing the project to be borne by the IFP funds is no greater than the proportion of units in the project that will be occupied by low and moderate-income households.
(b) Complete the required IFP application materials.
(c) The application amount must be between $500,000 and $5,000,000. The Commissioner of DECD may waive the $500,000 minimum requirement if OCD determines it is in the best interest of the State and if OCD incurs no additional administrative costs as a result of the smaller award.
2. Special Program Requirements: IFP applicants must also comply with the following:
(a) Need for Financing: There must be a demonstrated need for an IFP loan in order for the project to be funded. The need may be based upon either a gap in available funding for the project or on a determination that the costs of financing so adversely affect the project's rate of return that the project would not be undertaken without additional assistance. IFP grantees must demonstrate the proposed rate and term have been set to ensure that assistance provided is the minimum needed and the proposed assistance is necessary and appropriate to carry out the economic development project.
(b) Commitment of Non-CDBG Funds: The business being assisted must demonstrate that all non-CDBG financing, both permanent and interim, necessary for the project's completion has been secured.
(c) Community Benefit: The project must result in substantial benefit to the community: job creation/retention, tax revenue increases, new housing opportunities, or public facility improvements relative to the public dollar investment.
(d) Surety: The business being assisted by the IFP grantee must secure an unconditional, irrevocable letter of credit for the full amount of the Interim Financing Loan (principal plus any accrued interest to term) from a lending institution acceptable to DECD which will be assigned to the State. The State may accept a FAME guarantee in lieu of an irrevocable letter of credit, or other surety instrument deemed acceptable by DECD.
3. Selection Process: Applications may be submitted on an open basis. IFP grants will be made on a first come, first served basis. Projects that meet requirements may be awarded IFP grants until the amount of funds available in the State's letter of credit has been committed. Following full commitment of the IFP, the State will maintain a waiting list of eligible projects to be funded. If projected funds will not be available for a minimum of six months, the State reserves the right not to accept any additional applications.
4. Approval Process: Through its Technical Assistance Providers, direct mailings, and other marketing methods, the State will advertise the availability of funds within the IFP. Communities interested in applying will: notify the State of their intent to apply, identify the proposed loan recipient and provide an application describing the project. Following the acceptance of a complete application by the State, the DECD or its designee will conduct a financial analysis of the project, DECD will determine if the IFP loan is needed, if all non-CDBG permanent and interim funds are committed, and if an irrevocable letter of credit is in place. The DECD staff will recommend the loan terms and interest rates to the Director, Office of Community Development. The State will review all other program requirements. If these requirements are met, the Commissioner of the DECD will make a grant award based on the project meeting all program requirements.
C. PINE TREE DEVELOPMENT ZONES SET ASIDE

The Pine Tree Development Zones Set Aside (PTDZ) provides $1,000,000 in CDBG funding targeted for business growth in areas within Pine Tree Zones designated by DECD under 30-A M.R.S.A. C. 206, Sub-c.3. The Pine Tree Zones are established to foster development and create employment opportunities for low/moderate income persons in specific areas within regions of economic need in Maine, which will be governed through cooperative agreements adopted by all participating communities.

1. Threshold Criteria:
(a) The proposed PTDZ activities must meet the low and moderate-income objective as described below:
(i) At a minimum, 51% of the jobs created as a result of the PTDZ project must be taken by persons of low and moderate income. Jobs created must be in the designated Pine Tree Development Zone to be assisted with the PTDZ application, be new jobs to that Zone, and not be associated with any other branches of the assisted business located elsewhere. Job retention is not an allowable program benefit activity. Transfer positions cannot be counted toward the job creation/retention requirements. PTDZ assistance. In the event that job creation requirements are not met, the applicant community will be responsible for immediate repayment of all CDBG funds to the State.
2. Special Program Requirements:
(a) Eligible Applicants: Eligible applicants are limited to units of general local government participating in a Pine Tree Development Zone as designated by DECD. The entitlement communities of Auburn, Bangor, Lewiston, and Portland are not eligible to receive PTDZ funds. In addition, project activities may not take place in the entitlement communities listed above. Eligible applicants as defined above may apply for PTDZ assistance on behalf of the five Maine Indian Tribes.Maine Indian Tribes are not themselves eligible applicants.
(b) Eligible CDBG Programs and Activities: Eligible CDBG programs under the PTDZ Set Aside are Economic Development Infrastructure, Business Assistance, Regional Assistance Fund, Development Fund and Interim Financing program. PTDZ projects must comply with all rules and regulations set forth in each of the CDBG programs listed in this section including, but not limited to, eligible activities, application procedures and deadlines, maximum dollar awards, national objectives, Project Development Phase and special program requirements, as necessary.

19- 498 C.M.R. ch. 32, § 3