10 TAC §§255.1 - 255.4, 255.6 - 255.11
The Office of Rural Community Affairs (Office) proposes amendments
to §§255.1 - 255.4 and §§255.6 - 255.11, concerning the
allocation of Community Development Block Grant (CDBG) non-entitlement area
funds under the Texas Community Development Program (TCDP).
The amendments are being proposed to establish the standards and procedures
by which TDHCA will allocate 2003 and 2004 fiscal years' community development,
planning capacity building, and housing rehabilitation funds and fiscal year
2003 colonia, housing infrastructure, urgent need, economic development, and
TCDP Small Town Environment Program funds. The amendments are being proposed
to make changes to the application and selection criteria for the program
fund categories.
Robt. J. "Sam" Tessen, MS, Executive Director of the Office, has determined
that for the period that the sections are in effect there will be no fiscal
implications for state or local government as a result of enforcing or administering
the sections.
Mr. Tessen, also has determined that for the period that the sections are
in effect, the public benefit as a result of enforcing the sections will be
the equitable allocation of CDBG non-entitlement area funds to eligible units
of general local government in Texas. There will be no effect on any small
businesses or micro-business. There are no anticipated economic costs to persons
who are required to comply with the sections as proposed. There is no anticipated
impact on local employment.
Comments on the proposal may be submitted to Jerry Hill, General Counsel,
Office of Rural Community Affairs, P.O. Box 12877, Austin, Texas 78711, telephone:
(512) 936-6701. Comments will be accepted for 30 days following the date of
publication of this proposal in the
Texas Register
.
The amendments are proposed under the §487.052 of the Government
Code, which provides the executive committee with the authority to adopt rules
concerning the implementation of the Office's responsibilities.
No other code, article, or statute is affected by the proposed amendments
to §§255.1 - 255.4 and §§255.6 - 255.11.
§255.1.General Provisions.
(a)
(No change.)
(b)
Overview--Community Development Block Grant nonentitlement
area funds are distributed by the TCDP to eligible units of general local
government in the following program areas:
(1) - (6)
(No change.)
(7)
Young v.
Martinez
[
Cuomo
] fund;
(8) - (9)
(No change.)
(c) - (e)
(No change.)
(f)
Citizen Participation.
(1) - (3)
(No change.)
(4)
Complaint procedures. Applicants and contractors must maintain
written citizen complaint procedures that provide a timely written response
to complaints and grievances. [
The complaint procedures for contractors
must comply with the requirements of the TCDP Complaint System, Part I, §§1.11
- 1.13 of this title (relating to General Provisions, Nonrenewal of Contracts
and Reduction in Funding, and Complaint System).
] Citizens must be made
aware of the location and hours at which they may obtain a copy of the written
procedures.
(5)
(No change.)
(g)
Appeals. An applicant for funding under the TCDP may appeal
the disposition of its application in accordance with this subsection.
(1)
The appeal may only be based on one or more of the following
grounds.
(A) - (B)
(No change.)
(C)
Other procedural error. The application is not processed
by the Office and, in the case of TCF applications, by the TDA, in accordance
with the application and selection procedures set forth in this subchapter.
Procedural errors alleged to have been committed by a regional review committee
may only be appealed in accordance with the provisions of
§255.8
[
§9.8
] of this title (relating to Regional Review Committees).
(2)
The appeal must be submitted in writing to the TCDP of
the Office no later than 30 days after the date the announcement of community
development fund and planning/capacity building fund contract awards is published
in the
Texas Register
. In addition, timely
appeals not submitted in writing at least five working days prior to the next
regularly scheduled meeting of the state review committee will be heard at
the subsequent meeting of the state review committee. The Office staff will
evaluate the appeal and may either concur with the appeal and make an appropriate
adjustment to the applicant's scores, or disagree with the appeal and prepare
an appeal file for consideration by the state review committee at its next
regularly scheduled meeting. The state review committee will make a final
recommendation to the executive director of the Office. The decision of the
executive director of the Office is final. If the appeal concerns a TCF application,
the appeal must be submitted in writing to the TDA no later than 30 days following
the date of the notification letter of the denial. If the appeal concerns
a small towns environment program fund, disaster relief fund, or urgent need
fund application, the appeal must be submitted in writing to the Office no
later than 30 days following the date of the notification letter of the denial.
If the appeal concerns a housing fund, colonia fund or
Young v.
Martinez
[
type-name="italic">Cuomo
] fund application, the appeal must be
submitted in writing to the Office no later than 30 days after the date the
announcement of contract awards is published in the
Texas Register
. The staff of either the Office or the TDA, when appropriate,
evaluates the appeal and may either concur with the appeal or disagree with
the appeal and prepare an appeal file for consideration by the appropriate
executive director. The executive director, of the agency with which the appeal
was filed, then considers the appeal within 30 days and makes the final decision.
(3)
In the event the appeal is sustained and the corrected
scores would have resulted in project funding, the application is approved
and funded. If the appeal concerning a community development fund or planning/capacity
building fund application is rejected, the office notifies the applicant of
its decision, including the basis for rejection after the meeting of the state
review committee at which the appeal was considered. If the appeal concerns
a
Young v.
Martinez
[
Cuomo
] fund,
TCF, housing fund, colonia fund, disaster relief fund, small towns environment
program fund, or urgent need fund application, the applicant will be notified
of the decision made by the appropriate executive director within ten days
after the final determination by the executive director.
(4)
(No change.)
(h)
Threshold requirements. An applicant must satisfy each
of the following requirements in order to be eligible to apply for or to receive
funding under the TCDP:
(1) - (5)
(No change.)
(6)
submit any past due audit to the Office [
in accordance
with §1.3 of this title (relating to Delinquent Audits and Related Issues)
]; and
(7)
(No change.)
(i)
(No change.)
(j)
False information. If an applicant provides false information
in its community development fund or planning/capacity building fund application
which has the effect of increasing the applicant's competitive advantage,
the number of beneficiaries, or the percentage of low to moderate income beneficiaries,
the Office refers the matter to the state review committee for disciplinary
action. If the applicant provides false information in a
Young v.
Martinez
[
type-name="italic">Cuomo
] fund, colonia fund, disaster relief
fund, housing fund, small towns environment program fund, or urgent need fund
application, the Office staff shall make a recommendation for action to the
executive director of the Office. If the applicant provides false information
in a TCF application, TDA staff shall make a recommendation for action to
the appropriate executive director. The state review committee makes a recommendation
for action to the executive director of the Office at its next regularly scheduled
meeting. Documentation of false information must be submitted at least ten
business days prior to the next regularly scheduled meeting of the state review
committee to be considered at that meeting. Recommendations that the state
review committee or executive director may make include, but are not limited
to:
(1) - (3)
(No change.)
(k)
(No change.)
(l)
Unobligated and recaptured funds. Deobligated funds, unobligated
funds and program income (except program income recovered from local revolving
loan funds) generated by TCF projects shall be retained for expenditure in
accordance with the Consolidated Plan. Program income derived from TCF projects
will be used by the Office for eligible TCDP activities in accordance with
the Consolidated Plan. Any deobligated funds, unobligated funds, program income,
and unused funds from the current year's allocation or from previous years'
allocations derived from any TCDP Fund, including program income recovered
from TCF local revolving loan funds, and any reallocated funds which HUD has
recaptured from Small Cities may be redistributed among the established current
program year fund categories, for otherwise eligible projects. The selection
of eligible projects to receive such funds is approved by the Office Executive
Director, or when applicable, approved
by
[
of
] the TDA
on a priority needs basis with eligible disaster relief and urgent need projects
as the highest priority;
followed by,
Young
v. Martinez
litigation projects, TCF projects, special needs projects,
projects in colonias, housing activities, and other projects as determined
by the Office Executive Director.
[
and the Office's special targeted
activities (e.g., colonias, special housing projects, Texas Small Town Environment
Program (STEP), TCF, etc.) as the next highest priority.
]
(m)
(No change.)
(n)
Performance threshold requirements. In addition to the
requirements of subsection (h) of this section, an applicant must satisfy
the following performance requirements in order to be eligible to apply for
program funds. A contract is considered executed for the purposes of this
subsection on the date stated in section 2 of such contract.
(1)
Obligate at least 50% of the total funds awarded under
a contract with a 24 month contract period (except for TCF contracts, housing
fund contracts, colonia self-help center contracts, colonia economically distressed
area program contracts,
Young v.
type-name="italic">Martinez
[
Cuomo
] contracts,
disaster recovery initiative contracts,
and
small towns environment program fund contracts) executed at least 12 months
prior to the current program year application deadline. This paragraph does
not apply to disaster relief fund applicants.
(2)
Obligate at least 50% of the total funds awarded under
a contract with a thirty-six month contract period (except for TCF contracts,
housing fund contracts, colonia self-help center contracts, colonia economically
distressed area program contracts,
Young v.
type-name="italic">Martinez
[
Cuomo
] contracts,
disaster recovery initiative contracts,
and
small towns environment program fund contracts) executed at least 18 months
prior to the current program year application deadline. This paragraph does
not apply to disaster relief fund applicants.
(3)
Expend all but the reserved audit funds, or other reserved
funds that are pre-approved by TCDP staff, awarded under a contract with a
contract period of 24 months (except for TCF contracts, housing fund contracts,
colonia self-help center contracts, colonia economically distressed area program
contracts,
Young v.
Martinez
[
Cuomo
] contracts,
disaster recovery initiative contracts,
and small towns environment
program fund contracts) that has been in effect for at least 24 months prior
to the current program year application deadline and submit to the Office
a certificate of completion required by the most recent edition of the TCDP
Project Implementation Manual which documents the expenditure of all contract
funds with the exception of any contract funds reserved for audits and other
reserved funds that are pre-approved by TCDP staff. This paragraph does not
apply to disaster relief fund applicants.
(4)
(No change.)
(5)
Expend all but the reserved audit funds or other reserved
funds that are pre-approved by TCDP staff, awarded under a contract (except
for TCF contracts, housing fund contracts, colonia self-help center contracts,
colonia economically distressed area program contracts,
Young v.
Martinez
[
type-name="italic">Cuomo
] contracts,
disaster recovery initiative
contracts,
and small towns environment program fund contracts) with
a contract period of 36 months and that has been in effect for at least 36
months prior to the current program year application deadline, and submit
to the Office a certificate of completion required by the most recent edition
of the TCDP Project Implementation Manual which documents the expenditure
of all contract funds with the exception of any contract funds reserved for
audits and other reserved funds that are pre-approved by TCDP staff. This
paragraph does not apply to disaster relief fund applicants.
(o) - (q)
(No change.)
§255.2.Community Development Fund.
(a)
General provisions. This fund covers housing, public facilities,
and public service projects. Eligible units of general local government may
apply for funding of a single purpose project such as housing assistance,
sewer improvements, water improvements, drainage, roads, or community centers,
or for a multi-purpose project which consists of any combination of such eligible
activities.
(1)
(No change.)
(2)
In addition to the threshold requirements of
§255.1(h)
and (n)
[
§9.1(h) and §9.1(n)
] of this title (relating
to General Provisions), in order to be eligible to apply for community development
funds, an applicant must document that at least 51% of the persons who would
directly benefit from the implementation of each activity proposed in the
application are of low to moderate income.
(b)
Funding cycle. This fund is allocated to eligible units
of general local government on a biennial basis for the
2003 and 2004
[
2001 and 2002
] program years pursuant to regional competitions
held for the
2003 program year applicants
[
2001
]. Applications
for funding must be received by the TCDP by the dates and times specified
in the most recent application guide for this fund.
(c)
Allocation plan.
(1)
(No change.)
(2)
Each state planning region is provided with a
2003
[
2001
] program year target allocation and a
2004
[
2002
] program year target allocation of funds for applications in its
region that are ranked through the
2003
[
2001
] program
year regional competitions in accordance with a shared scoring system involving
the Office and the regional review committees. Where the remainder of the
2003
[
2001
] program year target allocation is insufficient
to completely fund the next highest ranked applicant, the applicant receives
complete funding of the original grant request through a combination of
2003 and 2004
[
2001 and 2002
] program year funds. Where the
remainder of the
2004
[
2002
] program year target allocation
is insufficient to completely fund the next ranked application, the Office
works with the affected applicant to determine whether partial funding is
feasible. If partial funding is not feasible, the remaining funds from all
the target allocations are pooled to fund projects from among the highest
ranked, unfunded applications from each of the 24 state planning regions.
Selection criteria for such applications will consist of the selection criteria
scored by the Office under this fund. Marginal applicants' community distress
scores are recomputed based on the applicants competing in the marginal pool
competition only.
(d)
Selection procedures.
(1)
Prior to the submission deadline specified in the most
recent application guide for this fund, each eligible unit of general local
government may submit an application to the Office for funding under the community
development fund. Two copies of the application must be submitted. Each applicant
must also provide at least one copy of its application to the applicant's
regional review committee within
three
[
two
] weeks after
the Office submission deadline.
(2) - (3)
(No change.)
(4)
Following the resolution of any appeals from actions of
the regional review committees as specified in
§255.8
[
Section 9.8
] of this title (relating to Regional Review Committees)
the Office adds scores relating to community distress, benefits to low- and
moderate-income persons, project impact, other considerations, and match to
the regional review committees' scores to determine regional rankings. Scores
on the factors in these categories are derived from standardized data from
the U.S. Census Bureau, Texas Workforce Commission, and from information provided
by the applicant.
(5)
Following a final technical review, the Office staff presents
the
2003
[
2001
] program year and the
2004
[
2002
] program year funding recommendations to the state review committee.
Office staff make a site visit to each of the applicants recommended for funding
prior to the completion of contract agreements.
(6)
The funding recommendations of the state review committee
are then provided to the executive director of the Office. If the state review
committee recommendations differ from the funding recommendations of a regional
review committee, the state review committee must provide the affected regional
review committee with a written explanation of its determination. The regional
review committee may then provide a response to the executive director of
the Office. If there is not a consensus between a regional review committee
and the state review committee, all review comments by all of the parties
involved in the selection process will be forwarded to the executive director
of the
Office
[
Department
].
(7)
The executive director of the Office reviews the
2003
[
2001
] final recommendations for project awards and
except for awards exceeding $300,000 announces the contract awards. Awards
exceeding $300,000.00 are submitted to the Executive Committee for approval.
(8)
Upon announcement of the
2003
[
2001
]
program year contract awards, the Office staff works with recipients to execute
the contract agreements. While the award must be based on the information
provided in the application, the Office may negotiate any element of the contract
with the recipient as long as the contract amount is not increased and the
level of benefits described in the application is not decreased. The level
of benefits may be negotiated only when the project is partially funded with
the remainder of the target allocation within a region.
(9)
When the
2004
[
2002
] program year
TCDP allocation becomes available, the executive director of the Office reviews
the
2004
[
2002
] program year final recommendations for
project awards and except for awards exceeding $300,000 announces the contract
awards. Awards exceeding $300,000.00 are submitted to the Executive Committee
for approval.
(10)
Upon announcement of the
2004
[
2002
]
program year contract awards, the Office staff works with recipients to execute
the contract agreements. While the award must be based on the information
provided in the application, the Office may negotiate any element of the contract
with the recipient as long as the contract amount is not increased and the
level of benefits described in the application is not decreased. The level
of benefits may be negotiated only when the project is partially funded with
the remainder of the target allocation within a region.
(e)
Selection criteria. The following is an outline of the
selection criteria used by the Office and the regional review committees for
scoring applications under the community development fund. Seven hundred points
are available.
(1)
Community distress (total--55 points). All community distress
factor scores are based on the population of the applicant. An applicant that
has 125% or more of the average of all applicants in its region of the rate
on any community distress factor, except per capita income, receives the maximum
number of points available for that factor. An applicant with less than 125%
of the average of all applicants in its region on a factor will receive a
proportionate share of the maximum points available for that factor. An applicant
that has 75% or less of the average of all applicants in its region on the
per capita income factor will receive the maximum number of points available
for that factor.
(A)
percentage of persons living in poverty--
25
[
20
]
(B)
(No change.)
(C)
unemployment rate--
10
[
15
]
(2)
(No change.)
(3)
Project impact (total--175 points).
(A)
Each application is scored within a point range based on
the application activities. Multi-activity projects which include activities
in different scoring ranges will receive a combination score within the possible
range. Information submitted in the application or presented to the regional
review committees is used by a committee composed of staff of the Office to
generate scores on this factor. The point ranges used for project impact scoring
are as follows:
(i) - (ii)
(No change.)
(iii)
street paving, drainage, flood control and handicapped
accessibility activities (130 to
160
[
150
] points);
(iv)
fire protection, health clinic activities,
and facilities providing shelter for persons with special needs (125 to 145
points);
[(iv)
gas facilities, electrical facilities,
solid waste disposal, fire protection, and health clinic activities (125 to
145 points);]
(v)
community center, senior citizens center, social services
center, demolition/clearance, and code enforcement activities (115 to 135
points);
(vi)
gas facilities, electrical facilities,
and solid waste disposal activities (110 to 130 points);
[(vi)
jail facilities and detention facilities
(105 to 125 points);]
(vii)
access to basic telecommunications,
jail facilities and detention facilities (105 to 125 points);
(viii)
[
(vii)
] all other eligible activities
(85 to 115 points).
(B)
(No change.)
(4)
Matching Funds (total--60 points). An applicant's matching
share may consist of one or more of the following contributions: cash; in-kind
services or equipment use; materials or supplies; or land. An applicant's
match is considered only if the contributions are used in the same target
areas for activities directly related to the activities proposed in its application;
if the applicant demonstrates that its matching share has been specifically
designated for use in the activities proposed in its application; and if the
applicant has used an acceptable and reasonable method of valuation. The population
category under which county applications are scored depends on the project
type and the beneficiary population served. If the project benefits residents
of the entire county, the total population of the county is used. If the project
is for activities in the unincorporated area of the county with a target area
of beneficiaries, the population category is based on the residents of the
entire unincorporated area of the county. For county applications addressing
water and sewer improvements in unincorporated areas, the population category
is based on the actual number of beneficiaries to be served by the project
activities. The population category under which multi-jurisdiction applications
are scored is based on the combined populations of the participating applicants
according to the
2000
[
1990
] census. Applications for
housing rehabilitation and for affordable new permanent housing for low- and
moderate-income persons receive the 60 points without including any matching
funds. This exception is for housing activities only. Sewer or water service
line/connections are not counted as housing rehabilitation. Demolition/clearance
and code enforcement, when done in the same target area are counted as part
of the housing rehabilitation activity. When demolition/clearance and code
enforcement are proposed without housing rehabilitation activities, then the
match score is still based on actual matching funds committed by the applicant.
Applications which include additional activities, other than related housing
activities, are scored based on the percentage of match provided for the additional
activities. Program funds cannot be used to install street/road improvements
in areas that are not currently receiving water or sewer service from a public
or private service provider unless the applicant provides matching funds equal
to at least 50% of the total construction cost budgeted for the street/road
improvements. This requirement will not apply when the applicant provides
assurance that the street/road improvements proposed in the application will
not be impacted by the possible installation of water or sewer lines in the
future because sufficient easements and rights-of-way are available for the
installation of such water or sewer lines. The terms used in this paragraph
are further defined in the current application guide for this fund.
(A)
Applicants with populations equal to or less than 1,500
according to the
2000
[
1990
] census:
(i) - (v)
(No change.)
(B)
Applicants with populations equal to or less than 3,000
but over 1,500 according to the
2000
[
1990
] census:
(i) - (v)
(No change.)
(C)
Applicants with populations equal to or less than 5,000
but over 3,000 according to the
2000
[
1990
] census:
(i) - (v)
(No change.)
(D)
Applicants with populations over 5,000 according to the
2000
[
1990
] census:
(i) - (v)
(No change.)
(5)
Other considerations (total--20 points). An applicant receives
up to 20 points on the following three factors.
(A)
Ten of the 20 points available are awarded to applicants
that did not receive a community development fund or a housing rehabilitation
fund contract award during the
2001 and 2002
[
1999 or 2000
] program years.
(B) - (C)
(No change.)
(6)
Regional scoring factors (total--350 points).
Each regional review committee shall use the following three factors to score
applications in its region:
(A)
Project priorities. Each regional review committee shall
rank and assign points to categories of eligible activities based on the priority
of such projects in the region. The first priority shall receive at least
100 points.
(B)
Local effort. A minimum of 75 points shall be awarded based
on definitions and criteria adopted by each regional review committee.
(C)
Merits of the project. A maximum of 175 points shall be
awarded based on definitions and criteria adopted by each regional review
committee.
[(6)
Regional scoring factors (total--350
points).]
[(A)
Required factors. Each regional review committee shall
use the following two factors to score applications in its region.]
[(i)
Project priorities. Each regional review committee shall
rank and assign points to categories of eligible activities based on the priority
of such projects in the region. The first priority shall receive at least
100 points.]
[(ii)
Merits of the project. A maximum of 175 points shall
be awarded based on definitions and criteria adopted by each regional review
committee.]
[(B)
Optional factor. Each regional review committee may award
points based on a local effort factor. Points shall be awarded based on definitions
and criteria adopted by each regional review committee.]
§255.3. Young v. Martinez Fund [ Allocation of Program Funds ].
(a)
General provisions. Assistance under this fund is limited
to the eligible cities selected by the U.S. Department of Housing and Urban
Development (HUD) to complete the Court-ordered activities under the Final
Order and Decree in the
Young v.
type-name="italic">Martinez
[
Cuomo
] litigation. The only eligible activities are the activities
described in revised Memoranda of Understanding (MOUs) and any 1990 Desegregation
Plan activities cited in the revised MOUs.
(1)
A local government with
Young
v.
Martinez
[
type-name="italic">Cuomo
] required activities must submit an
application under this fund which addresses the required activities and which
includes local matching funds.
(2)
In addition to the threshold requirements of
§255.1(h)
[
Section 9.1(h)
] of this title (relating to General Provisions)
and the requirements of
§255.1(n)
[
Section 9.1(n)
],
in order to be eligible to apply for
Young v.
type-name="italic">Martinez
[
Cuomo
] funding, an applicant must document that at least 51% of the
persons who would directly benefit from the implementation of each activity
proposed in the application are of low to moderate income.
(b)
Funding cycle.
Recaptured and deobligated funds from
prior program years are available to the eligible cities. Applications for
funding must be received by the date specified by the TCDP.
[
Funds,
not to exceed $2.3 million, are available to eligible cities from the 2001
program year allocation. Applications for funding must be received by the
TCDP by the date specified in the application guide for this fund.
]
(c)
Selection procedures.
(1)
Each
[
Prior to the application deadline,
each
] eligible local government may submit one application for funding
under the
Young v.
Martinez
[
Cuomo
] fund.
Two copies of the application must be submitted to the Office and at least
one copy of the application must be submitted to the applicant's state planning
region.
(2) - (7)
(No change.)
§255.4.Planning/Capacity Building Fund.
(a)
General provisions. This fund is intended to provide an
opportunity for units of general local government to prepare comprehensive
community development plans, develop strategies, assess needs, and build or
improve local capacity to undertake future community development projects
or to prepare other needed planning elements. Eligible units of general local
government are to be the direct recipients of planning contracts. Units of
general local government may submit one application for planning funds annually
if all previous planning/capacity building contracts with the Office have
been totally reimbursed by the Office.
(1)
A cash match equal to or greater than 20% of the total
TCDP funds requested is required of all applicants having a population over
5,000, a cash match equal to or greater than 15% of the total TCDP funds requested
is required of all applicants having a population over
3,000
[
1,500
] but equal to or less than 5,000, a cash match equal to or greater
than 10% of the total TCDP funds requested is required of all applicants having
a population over
1,500
[
750
] but equal to or less than
3,000
[
1,500
], and a cash match equal to or greater than
5% of the total TCDP funds requested is required of all applicants having
a population of less than
1,501
[
750
]. The population
of an applicant is based on the
2000
[
1990
] census unless
an applicant submits a survey conducted in accordance with
§255.1(k)
[
Section 9.1(k)
] of this title (relating to General Provisions).
The percentage of match required from a county applicant is based on the actual
target area population benefitting from the proposed planning project. In
lieu of providing the cash match specified in this paragraph, and as further
described in the most recent application guide for this fund, an applicant
may agree to pay out of its own resources for other eligible planning activities
described on the matrix included in such application guide.
(2)
In addition to the threshold requirements of
§255.1(h)
and (n)
[
Section 9.1(h) and Section 9.1(n)
] of this title
(relating to General Provisions), in order to be eligible to apply for planning/capacity
building funding, an applicant under this section must document that at least
51% of the persons in the area who would benefit from the implementation of
the proposed planning activity are of low and moderate income.
(b)
Funding cycle. This fund is allocated to eligible units
of general local government on a biennial basis for the
2003 and 2004
[
2001 and 2002
] program years pursuant to a statewide competition
held during the
2003
[
2001
] program year. Applications
for funding from the
2003 and 2004
[
2001 and 2002
] program
year allocations must be received by the TCDP by the dates and times specified
in the most recent application guide for this fund.
(c)
Selection procedures. Scoring and the recommended ranking
of projects is done by staff and a committee composed of Office staff with
input from the regional review committees. The application and selection procedures
consist of the following steps.
(1)
Prior to the application deadline, each eligible jurisdiction
may submit one application for funding under the planning/capacity building
fund. An applicant may not submit an application under this fund and also
under the colonia fund if the proposed activity under each application is
the same or substantially similar. One copy of the application must be provided
to the applicant's regional review committee and two copies must be submitted
to the
Office
[
department
].
(2) - (6)
(No change.)
(7)
The Office staff submits the
2003
[
2001
] program year and
2004
[
2002
] program year funding
recommendations to the state review committee. The state review committee
reviews the project rankings and provides funding recommendations to the executive
director of the
Office
[
Department
].
(8)
The executive director of the Office reviews the
2003
[
2001
] program year funding recommendations and except
for awards exceeding $300,000 announces the contract awards. Awards exceeding
$300,000 are submitted to the Executive Committee for approval.
(9)
Upon the announcement of the
2003
[
2001
] program year contract awards, the Office staff works with recipients
to execute the contract agreements. The award is based on the information
provided in the application and on the amount of funding proposed for each
contract activity based on the matrix included in the most recent application
guide for this fund.
(10)
When the
2004
[
2002
] program year
TCDP allocation becomes available, the executive director of the Office reviews
the
2004
[
2002
] program year funding recommendations
and except for awards exceeding $300,000 announces the contract awards. Awards
exceeding $300,000 are submitted to the Executive Committee for approval.
(11)
Upon the announcement of the
2004
[
2002
] program year contract awards, the Office staff works with recipients
to execute the contract agreements. The award is based on the information
provided in the application and on the amount of funding proposed for each
contract activity based on the matrix included in the most recent application
guide for this fund.
(d)
Selection criteria. The following is an outline of the
selection criteria used by the Office for selection of the projects under
the planning/capacity building fund. Four hundred thirty points are available.
(1)
Community distress (total--55 points). All community distress
factor scores are based on the total population of the applicant.
(A)
Percentage of persons living in poverty--
25
[
20
]
(B)
(No change.)
(C)
Unemployment rate--
10
[
15
]
(2)
(No change.)
(3)
Planning strategy and products (total 275 points).
(A)
Previous planning (50 points).
(i)
An applicant which has not previously received a planning/capacity
building contract or an applicant which has received a planning/capacity building
fund contract prior to the
1993
[
1991
] program year
and has not received any subsequent planning/capacity building fund contracts
--50 points.
(ii) - (iii)
(No change.)
(B)
Proposed planning effort (225 points). The factors considered
by a committee composed of staff of the Office in determining this score are
as follows:
(i)
the extent to which findings of any previous planning efforts
have been implemented
or accomplished
;
(ii)
(No change.)
(iii)
whether the proposed activities will result in the development
of a
viable and implementable
strategy [
capable of implementation
] and
be
[
will be
] an efficient use of contract
funds; and
(iv)
(No change.)
§255.6.Urgent Need Fund.
(a)
General provision. Assistance under this fund is provided
only to eliminate existing water and sewer conditions which pose a serious
and immediate threat to the health or welfare of the residents of the applicant
where other financial resources are not available to meet such conditions.
A unit of general local government that wishes to receive assistance under
this fund must submit an application, as provided by the Office, to the Office.
There is no application deadline. However, an application for urgent need
assistance is not accepted for funding until discussions between the potential
applicant and representatives of the Office and other state regulatory and
funding resource agencies (such as the
Texas Commission on Environmental
Quality
[
Texas Natural Resource Conservation Commission
]
and the Texas Water Development Board) have occurred and a determination is
made that the potential applicant and the situation meet urgent need fund
threshold criteria. An applicant may not submit an application under this
fund and also under any other TCDP fund category at the same time if the proposed
activity under each application is the same or substantially similar. An applicant
may receive one contract award under this fund in any one program year. The
Office may negotiate the level of funding to be provided to an applicant and
the scope of work to be performed by the applicant.
(b)
Threshold requirements. In addition to the threshold requirements
set forth in
§255.1(h) and §255.1(n)
[
§9.1(h)
and §9.1(n)
] of this title (relating to General Provisions), each
of the following requirements must be satisfied in order to be eligible for
funding under this fund:
(1) - (5)
(No change.)
§255.7.Texas Capital Fund.
(a)
General Provisions. This fund covers projects which will
result in either an increase in new, permanent employment within a community
or retention of existing permanent employment. Under the main street improvements
program, projects may also qualify if they meet the national program objective
of aiding in the prevention or elimination of slum or blighted areas.
(1) - (10)
(No change.)
[(11)
A business which is currently being
provided assistance from the TCF must create at least 50 permanent jobs in
each additional proposed TCF project in order for such project to be considered
for funding.]
(11)
[
(12)
] A TCF contractor must satisfactorily
close out a contract in support of a specific business or main street improvements
project in order to be eligible to receive additional funds under the TCF
for the same business or main street city. The contractor is eligible for
an additional TCF award in support of a specific business, provided that the
prerequisite program income choice has been selected, if the assisted business
is not in the designated main street geographic area or if the main street
project selected the elimination of slums and blight as its national program
objective and the assisted business will create or retain jobs to meet the
national program objective.
(12)
[
(13)
] The TDA will not consider
or accept an application for funding from a community, in support of a business
project that is currently receiving TCF assistance through that same community.
(13)
[
(14)
] The minimum and maximum award
amount that may be requested/awarded for a project funded under the TCF infrastructure
or real estate development programs, regardless of whether the application
is submitted by a single applicant or jointly by two or more eligible jurisdictions
is addressed here. Award amounts are directly related to the number of jobs
to be created/retained and the level of matching funds in a project. Projects
that will result in a significantly increased level of jobs created/retained
and a significant increase in the matching capital expenditures may be eligible
for a higher award amount, commonly referred to as jumbo awards. TCF monies
are not specifically reserved for projects that could receive the increased
maximum award amount, however, jumbo awards may not exceed
$2 million
[
$4,500,000
] in total awards during the program year[
, unless a jumbo award is deobligated during the program year, in which case
another jumbo award, of up to $1,500,000, may be awarded as a replacement
]. Additionally, no more than
$1 million
[
$3,000,000
] in jumbo awards will be approved in
any round.
[
either
of the first two rounds.
] The maximum amount for a jumbo award is
$1 million
[
$1.5 million
] and the minimum award amount is
$750,001. The maximum amount for a normal award is $750,000 and the minimum
award amount is $50,000. These amounts are the maximum funding levels. The
program can fund only the actual, allowable, and reasonable costs of the proposed
project, and may not exceed these amounts. All projects awarded under the
TCF program are subject to final negotiation between TDA and the applicant
regarding the final award amount, but at no time will the award exceed the
amount originally requested in the application.
(14)
[
(15)
] TDA will allocate the available
funds for the year, less $600,000 for the Main Street program, as follows:
(A)
First round. 50% of the annual allocation plus any deobligated
and program income funds available, as of the application due date.
(B)
Second round. 60% of the remaining allocation plus any
deobligated and program income funds available, as of the application due
date.
(C)
Third round. Any remaining allocation plus any deobligated
and program income funds available, as of the application due date.
(b) - (c)
(No change.)
(d)
Repayment Requirements. TCF awards for real estate improvements
and private infrastructure require repayment. Infrastructure payments and
real estate lease payments are intended to be paid by the benefitting business
to the applicant/contractor and constitute program income. The repayment is
structured as follows:
(1)
Real estate improvements. These improvements are intended
to be owned by the applicant and leased to the business. Real estate improvements
require full repayment. At a minimum, the lease agreement with the business
must be for a minimum three year period or until the TCF contract between
the applicant and TDA has been satisfactorily closed (whichever is longer).
A minimum monthly lease payment will be required to be collected from the
original business and any subsequent business which occupies the real estate
funded by the TCF, which equates to the principal funded by the TCF divided
over a maximum 20 year period (240 months), or until the entire principal
has been recaptured. The repayment term is determined by TDA and may not be
for the maximum of 20 years for smaller award amounts. There is no interest
expense associated with an award. Payments begin the first day of the
third
[
first
] month following the construction completion
date or acquisition date. Payments received 15 calendar days or more late
will be assessed a late charge/fee of 5% of the payment amount. After the
contract between the applicant and the Office is satisfactorily closed, the
applicant will be responsible for continuing to collect the minimum lease
payments only if a business (any business) occupies the real estate. The lease
agreement may contain a purchase option, if the option is effective after
a minimum five year ownership requirement and if the purchase price equals
(at a minimum) the remaining principal amount originally funded by the TCF
which has not been recaptured.
(2)
Infrastructure improvements.
(A)
Private Infrastructure is infrastructure that will be located
on the business's site or on adjacent and/or contiguous property, to the site,
that is owned by the business, principals, or related entities. All funds
for private infrastructure improvements require full repayment. Terms for
repayment will be interest free, with repayment not to exceed 20 years and
are intended to be repaid by the business through a repayment agreement. Payments
begin the first day of the
third
[
first
] month following
the construction completion date. Payments received 15 calendar days or more
late will be assessed a late charge/fee of 5% of the payment amount.
(B)
(No change.)
(C)
Rail improvements on private property require full repayment.
Terms for repayment will be no interest, with repayment not to exceed 20 years
and are intended to be repaid by the business through a repayment agreement.
Payments begin the first day of the
third
[
first
] month
following the construction completion date. Payments received 15 calendar
days or more late will be assessed a late charge/fee of 5% of the payment
amount.
(e)
Application process for the infrastructure and real estate
programs. The TDA will only accept applications during the months identified
in the program guidelines. Applications are reviewed after they have been
competitively scored. Staff makes recommendation for award to TDA executive
director. TDA executive director makes the final decision. The application
and selection procedures consist of the following steps:
(1) - (2)
(No change.)
(3)
TDA staff will [
then
] review the applications
for eligibility and completeness in descending order based on the scoring.
The
[
In those instances where the staff determines that the application
has 12 or less deficiencies on the Application Checklist, unless an extension
is granted, the
] applicant will be given 10 business days to rectify
all deficiencies. An application containing
an excessive number of deficiencies,
or deficiencies of a material nature
[
more than 12 deficiencies
] will be determined incomplete and returned. In the event staff determines
that an application contains activities that are ineligible for funding, the
application will be restructured or returned to the applicant. An application
resubmitted for future funding cycles will be competing with those applications
submitted for that cycle. No preferential placement will be given an application
previously submitted and not funded.
(4) - (10)
(No change.)
(f)
Scoring criteria for the infrastructure and real estate
programs. There is a minimum 25-point threshold requirement. Applications
will be reviewed for feasibility in descending order based on the scoring
criteria. There are a total of 100 points possible.
(1)
(No change.)
[(2)
Depending on availability of funds, TDA
may elect not to make jumbo awards in program year 2001 after the April 30,
2001 round of applications.]
(2)
[
(3)
] Community Need (maximum
60
[
40
] points). Measures the economic distress of the applicant
community.
(A)
Unemployment (maximum
10
[
5
] points).
Five points awarded
[
Awarded
] if the applicant's unemployment
rate (for cities, the
most recently available quarterly
[
prior annual
] city rate will be used; for counties, the
most recently
available quarterly county or
[
prior annual
] census tract
rate, for where the business site is located
, whichever is higher,
will
be used) is higher than the [
annual
] state rate, indicating that
the community is economically below the state average.
Ten points awarded
if the applicant's most recently available quarterly unemployment rate is
1.5% over the state rate.
(B)
Poverty (maximum 15 points). Awarded if the applicant's
most recently available annual
[
1999
] county poverty rate,
as provided in Appendix A of the Application, [
(for cities, the prior
annual city rate will be used; for counties, the prior annual census tract
rate for where the business site is located will be used)
] is higher
than the annual state rate, indicating that the community is economically
below the state average. Applicants will score 5 points if their rate meets
or exceeds the state average [
of 16.54%
]; score 10 points if this
figure exceeds
the state average by at least 15%
[
19.02% (15%
over the state average)
]; and score 15 points if this figure exceeds
the state average by at least 25%
[
20.68% (25% over state average)
].
(C)
Enterprise/Empowerment/Defense Zone (maximum 5 points).
A project located in a state designated enterprise zone, federal enterprise
community, federal empowerment zone, or defense zone receives these five points.
(D)
Previous
[
Open
] Contracts (Maximum
10
[
5
] Points).
Award 5 points if the community has
been awarded one contract in the current calendar year or preceding 4 calendar
years. Award 10 points if the community has been awarded zero contracts in
the current calendar year or the preceding 4 calendar years.
[
Awarded to applicants that have two (2) or less open TCF contracts.
]
(E)
Community Population (maximum 10 points). Points are awarded
to applying cities with populations of
5,050
[
3,000
]
or less and counties with a
total
population of
35,000
[
32,343
] or less, using
2000
[
1990
] census data.
For cities: score 5 points if the city
is located in a county with a
population of 35,000 or less; and score 5 additional points if the population
of the city is less than 5,050.
[
population is less that 3,000
and score 10 points if the city population is less than 1,177.
] For
counties: score 5 points if the county population is less than
35,000
[
32,343
] and score
5 additional
[
10
]
points if the county population is less than
15,350
[
15,072
].
(F)
Community Income (maximum 10 points).
Ten points awarded to communities that have a low and moderate income level
for a 4 person household that is in the bottom 90% of all county level 4 person
low and moderate income levels.
(3)
[
(4)
] Jobs (maximum
20
[
30
] points).
(A)
Job Impact (maximum
10
[
15
] points).
Awarded by taking the Business' total job commitment, created & retained,
and dividing by applicant's
2000
[
1990
] unadjusted population.
This equals the job impact ratio. Score 5 points if this figure exceeds the
median job impact ratio for prior years;
and
score 10 points if
this figure exceeds 200% of the ratio[
; and score 15 points if this figure
exceeds 400% of the ratio
]. County applicants should deduct the
2000
[
1990
] census population amounts for all incorporated
cities, except in the case where the county is sponsoring an application for
a business that is or will be located in an incorporated city. In this case
the city's population would be used, rather than the county's.
(B)
Cost per Job (maximum
10
[
15
] points).
Awarded by dividing the amount of TCF monies requested (including administration)
by the number of full-time job equivalents to be created and/or retained.
Points are then awarded in accordance with the following scale:
[(i)
Below $10,000--15 points.]
(i)
[
(ii)
] Below $15,000--10 points.
(ii)
[
(iii)
] Below $20,000--5 points.
(4)
[
(5)
] Business Emphasis (maximum
20 points).
(A)
Manufacturers (max 10 points). Awarded if the Business'
primary Standard Industrial Classification (SIC) code number starts with 20-39
or if their primary North American Industrial Classification System (NAICS)
code number starts with 31-33. This is based on the SIC number reported on
the Business' Texas Workforce Commission (TWC) Quarterly Contribution Report,
Form C-3 or their IRS business tax return. Foreign businesses that have not
had an SIC/NAICS code number assigned to them by either the TWC or IRS may
submit alternative documentation to support manufacturing as their primary
business activity to be eligible for these points.
(B)
Small businesses (maximum 5 Points). Awarded if the Business
employs no more than
50
[
100
] employees for all locations
both in and out of state. This number is determined by the business and any
related entities, such as parent companies, subsidiaries & common ownership.
Common ownership is considered 51% or more of the same owners.
(C)
HUB--Historically Underutilized Business (maximum 5 Points).
Awarded if a business is certified by the state Texas Building and Procurement
Commission (TBPC) as a Historically Underutilized Business (HUB). Provide
a copy of TBPC's certification in the application.
[(6)
Leverage/Match (maximum 10 points). Awarded
by dividing the total amount of other funds committed to this project divided
by the requested TCF amount, including administration. Points are then awarded
in accordance with the following scale:]
[(A)
1.25 : 1 (125 percent)--5 points]
[(B)
2.00 : 1 (200 percent)--10 points]
(g) - (i)
(No change.)
(j)
Threshold criteria for the main street improvements program.
In order for its application to be considered, an applicant must meet the
requirements of either paragraph (1) or (2) and paragraph (3) of this subsection.
(1)
(No change.)
(2)
Area slums/blight objective. Document the boundaries of
the area designated as a slum or blighted, document the conditions which qualified
it under the definition in
§255.1(a)(14)
[
§9.1(a)(14)
] of this title (relating to General Provisions), and the way in which
the assisted activity addressed one or more of the conditions which qualified
the area as slum or blighted.
(3)
(No change.)
§255.8.Regional Review Committees.
(a)
(No change.)
(b)
Role. Each regional review committee reviews and scores
all applications submitted from within its region under the community development
fund. Each regional review committee may review and comment on other TCDP
applications. Each regional review committee sends its scores and comments
to the Office. Regional review committees may elect to utilize staff of regional
planning commissions to assist with project review responsibilities
except when staff of the regional planning commission intend to prepare TCDP
applications for the current funding cycle or when staff of the regional planning
commission intend to administer TCDP projects that could receive TCDP funding
under the current funding cycle. When staff of the regional planning commissions
cannot assist with project review responsibilities, the Office staff may provide
the assistance
.
(c)
General requirements. In the performance of its responsibilities,
each regional review committee shall comply with all federal and state laws
and regulations relating to the administration of community development block
grant nonentitlement area funds including, but not limited to, requirements
of this subchapter, the scoring procedures specified in the current Regional
Review Committee Guidebook, and the procedures established by the regional
review committee under the TCDP.
(1)
Meetings. Each meeting held by a regional review committee
shall conform to the following requirements.
(A)
The regional review committee shall notify each eligible
unit of general local government within the regional review committee's state
planning region, in writing, of the date, time and location of its organizational
meeting at least five days prior to the meeting. The regional review committee
shall notify each applicant within its region, in writing, of the date, time
and location of its scoring meeting at least five days prior to the meeting.
The notices must be in the format specified by the
Office
[
department
] in the most recent Regional Review Committee Guidebook.
The notices must also be published in a regional newspaper at least three
days prior to the meeting. Articles published in such newspapers which satisfy
the content and timing requirements of this subparagraph will be accepted
by the
Office
[
department
] in lieu of publication of
notices.
(B) - (E)
(No change.)
(2) - (4)
(No change.)
(d)
Appeals. An applicant may appeal the actions of the regional
review committee established in its state planning region by following the
procedures set forth in this subsection. The
Office
[
department
] will withhold the running of computer scores on community development
fund applications for five working days after the regional review committee's
scoring meeting or until all regional appeals, if any, have been resolved,
whichever is longer. A regional review committee must provide written notification
of each appeal to all applicants in the region. An applicant that is adversely
affected by the action of its regional review committee on an appeal, may
appeal that action in accordance with the procedures specified in this subsection.
(1)
An applicant shall notify its regional review committee,
in writing, of an alleged violation of regional review committee procedures
committed by the regional review committee within five working days after
the date of the regional review committee meeting which is the subject of
the appeal. The applicant shall also send a copy of the appeal to the
Office
[
department
]. All appeals must be based on a specifically
identified violation of regional review committee procedures.
(2) - (5)
(No change.)
§255.9.Colonia Fund.
(a)
General provisions. This fund covers the payment of assessments,
access fees, and capital recovery fees for low and moderate income persons
for eligible water and sewer improvements projects, all other program eligible
activities, eligible planning activities projects, and the establishment of
colonia self-help centers to serve severely distressed unincorporated areas
of counties which meet the definition of a colonia under this fund. A colonia
is defined as: any identifiable unincorporated community that is determined
to be a colonia on the basis of objective criteria, including lack of potable
water supply, lack of adequate sewage systems, and lack of decent, safe, and
sanitary housing; and was in existence as a colonia prior to November 28,
1990. For an eligible county to submit an application on behalf of eligible
colonia areas, the colonia areas must be within 150 miles of the Texas-Mexico
border region, except that any county that is part of a standard metropolitan
statistical area with a population exceeding one million is not eligible under
this fund.
(1)
(No change.)
(2)
In addition to the threshold requirements of
§255.1(h)
and §255.1(n)
[
§9.1(h) and §9.1(n)
] of this
title (relating to General Provisions), in order to be eligible to apply for
colonia funds, an applicant must document that at least 51% of the persons
who would directly benefit from the implementation of each activity proposed
in the application are of low to moderate income.
(3)
(No change.)
(4)
In accordance with Subchapter Z, Chapter 43, Section 43.905
of the Local Government Code, eligible colonia areas annexed by municipalities
on or after September 1, 1999, remain eligible for five years after the effective
date of the annexation to receive any form of assistance for which the colonia
would be eligible if the annexation had not occurred. A nonentitlement city
located in a county that is eligible under the TCDP Colonia Fund and Texas
Water Development Board's Economically Distressed Areas Program that has annexed
a colonia area is an eligible applicant for the
Office's
[
Department's
] colonia EDAP fund. However, an application for TCDP colonia
construction fund or colonia planning fund assistance for a colonia area annexed
by a municipality on or after September 1, 1999, may only be submitted by
the county where the annexed colonia area is located.
(b)
(No change.)
(c)
Types of applications.
Eligible applicants may submit
one application for the colonia construction fund and the colonia planning
fund. Eligible applicants may submit one application for the colonia EDAP
fund, unless the TCDP has an excess amount of colonia EDAP funds available
in which case an eligible applicant could submit more than one application
for the colonia EDAP fund.
[
Eligible applicants may submit one
application for the colonia EDAP fund, the colonia construction fund and the
colonia planning fund.
] Eligible planning activities cannot be included
in an application for the colonia construction fund. Two separate fund categories
are available under the colonia planning fund. The colonia area planning fund
is available for eligible planning activities that are targeted to selected
colonia areas. The colonia comprehensive planning fund is available for countywide
comprehensive planning activities that include an assessment and profiles
of a county's colonia areas. Separate competitions are held for the colonia
area planning fund and colonia comprehensive planning fund allocations. A
county that has previously received a colonia comprehensive planning fund
grant award from the Office may not submit another application for colonia
comprehensive planning fund assistance.
(d) - (g)
(No change.)
(h)
Selection criteria (colonia comprehensive planning fund).
The following is an outline of the selection criteria used by the Office for
scoring applications for eligible planning activities under this fund. Two
hundred points are available.
(1)
(No change.)
(2)
Project design (total--175 points). Each application is
scored by a committee composed of
the Office
[
Department
]
staff using the following information submitted in the application:
(A) - (D)
(No change.)
(i)
Program guidelines (colonia self-help centers fund).
The colonia self-help centers fund is administered by the Texas Department
of Housing and Community Affairs (TDHCA) under an interagency agreement with
the Office.
The following is an outline of the administrative requirements
and eligible activities under this fund.
(1)
The geographic area served by each colonia self-help center
shall be determined by the Office
or by the TDHCA
. Five colonias
located in each established colonia self-help center service area shall be
designated to receive concentrated attention from the center. Each colonia
self-help center shall set a goal to improve the living conditions of the
residents located in the colonias designated for concentrated attention within
a two-year period set under the contract terms. The Office
and the TDHCA
have
[
has
] the authority to make changes to the colonias
designated for this concentrated attention.
(2)
(No change.)
(3)
A colonia advisory committee is established and not fewer
than five persons who are residents of colonias are selected from the candidates
submitted by local nonprofit organizations and the commissioners court of
a county where a self-help center is located. One committee member shall be
appointed to represent each of the counties in which a colonia self-help center
is located. Each committee member must be a resident of a colonia located
in the county the member represents but may not be a board member, contractor,
or employee of or have any ownership interest in an entity that is awarded
a contract through the TCDP. The advisory committee shall advise the Office
and the TDHCA
regarding:
(A) - (C)
(No change.)
(4) - (5)
(No change.)
(j)
(No change.)
§255.10.Housing Fund.
(a)
General provisions. Two separate fund categories are available
under the housing fund. The housing infrastructure fund is available for public
facilities and infrastructure improvements supporting the development and
construction of single family and multifamily low to moderate income housing.
The housing infrastructure funds may not be used for the actual construction
cost of new housing. The housing rehabilitation fund is available for the
rehabilitation or existing owner-occupied and renter-occupied housing units
and, in strictly limited circumstances, the construction of new housing that
is accessible to persons with disabilities. The housing rehabilitation fund
selection criteria places emphasis on housing activities that provide accessible
housing for persons with disabilities.
(1)
(No change.)
(2)
Each applicant must meet the threshold requirements of
§255.1(h) and §255.1(n)
[
§9.1(h) and §9.1(n)
] of this title (relating to General Provisions), in order to be eligible
to apply for housing fund assistance.
(3) - (5)
(No change.)
(b) - (d)
(No change.)
(e)
Funding cycle (housing rehabilitation fund). This fund
is allocated to eligible units of general local government on a biennial basis
for the
2003 and 2004
[
2001 and 2002
] program years
pursuant to a statewide competition held during the
2003
[
2001
] program year. Applications for funding from the
2003 and
2004
[
2001 and 2002
] program year allocations must be received
by the TCDP by the dates and times specified in the most recent application
guide for this fund.
(f)
Selection procedures (housing rehabilitation fund).
(1) - (4)
(No change.)
(5)
Following a final technical review, the Office staff submits
the
2003
[
2001
] program year and
2004
[
2002
] program year funding recommendations to the executive director
of the Office.
(6)
The executive director of the Office reviews the
2003
[
2001
] program year funding recommendations for project
awards and except for awards exceeding $300,000 announces the contract awards.
Awards exceeding $300,000 are submitted to the Executive Committee for approval.
(7)
Upon announcement of the
2003
[
2001
]
program year contract awards, the Office staff works with recipients to execute
the contract agreements. While the award must be based on the information
provided in the application, the Office may negotiate any element of the contract
with the recipient as long as the contract amount is not increased and the
level of benefits described in the application is not decreased. The level
of benefits may be negotiated only when the project is partially funded.
(8)
When the
2004
[
2002
] program year
TCDP allocation becomes available, the executive director of the Office reviews
the
2004
[
2002
] program year final recommendations for
project awards and
except for awards exceeding $300,000
announces
the contract awards.
Awards exceeding $300,000 are submitted to the Executive
Committee for approval.
(9)
Upon announcement of the
2004
[
2002
]
program year contract awards, the Office staff works with recipients to execute
the contract agreements. While the award must be based on the information
provided in the application, the Office may negotiate any element of the contract
with the recipient as long as the contract amount is not increased and the
level of benefits described in the application is not decreased. The level
of benefits may be negotiated only when the project is partially funded with
the remainder of the target allocation within a region.
(g)
Selection criteria (housing rehabilitation fund). The following
is an outline of the selection criteria used by the Office for scoring applications
under this fund. Two hundred points are available.
(1)
Community distress (total--25 points). All community distress
factor scores are based on the [
unincorporated
] population of the
applicant.
For counties, the population may include the unincorporated
county population and the populations of any cities located in the county
participating in the application.
(A) - (B)
(No change.)
(2)
Project design (total--175 points). Each application is
scored by a committee composed of
the Office
[
Department
]
staff using the following information submitted in the application:
(A) - (D)
(No change.)
(h)
Selection procedures (housing infrastructure fund).
(1)
(No change.)
(2)
Upon receipt of an application,
the Office staff
[
TCDP staff and Credit Division staff
] review the application to determine
whether it is complete, if all proposed activities are program eligible, and
if the project is financially feasible. If not subject to disqualification,
the applicant may correct any deficiencies identified by the Office staff
in the timeframe stated in the notification.
(3)
(No change.)
(4)
The executive director of the Office reviews the funding
recommendations for project awards and except for awards exceeding $300,000
announces the contract awards.
[
The executive director forwards
the recommended applications to the Office's Board for final approval. If
approved by the Office's Board, the executive director except for awards exceeding
$300,000 announces the contract awards.
] Awards exceeding $300,000 are
submitted to the Executive Committee for approval.
(5)
(No change.)
(i)
Selection criteria (housing infrastructure fund). The following
is an outline of the selection criteria used by the Office for scoring applications
under this fund. One hundred
seventy
[
sixty-five
] points
are available.
(1) - (7)
(No change.)
(8)
Rural project (
10
[
5
] points). Project
is located in a community with a population of 10,000 persons or less.
(j)
(No change.)
§255.11.Small Towns Environment Program Fund.
(a)
General provisions. This fund is available to eligible
units of general local government to provide financial assistance to cities
and communities that are willing to address water and sewer needs through
self-help methods that are encouraged and supported by the Small Towns Environment
Program. The self-help method for addressing water and sewer needs is best
utilized by cities and communities recognizing that conventional water and
sewer financing and construction methods cannot provide an affordable response
to the water or sewer needs. By utilizing a city's or community's own resources
(human, material, and financial), the costs for the water or sewer improvements
can be reduced significantly from the retail costs of the improvements through
conventional construction methods. Participants in the small town environment
program fund should attain at least a forty percent reduction in the costs
of the water or sewer project by using self-help in lieu of conventional financing
and construction methods.
(1)
(No change.)
(2)
In addition to the threshold requirements of
§255.1(h)
and §255.1(n)
[
§9.1(h) and §9.1(n)
] of this
title (relating to General Provisions), in order to be eligible to apply for
small towns environment program funds, an applicant must document that at
least 51% of the persons who would directly benefit from the implementation
of each activity proposed in the application are of low to moderate income.
(3)
Cities and counties submitting
2003
[
1999
] community development fund applications that do not include water,
sewer, or housing activities are not eligible to receive a
2003
[
1999 or 2000
] grant award from this fund. However, the Office may consider
a city's or county's request to transfer funds that are not financing water,
sewer, or housing activities under a
2003
[
1999 or 2000
]
community development fund grant award to finance water and sewer activities
that will be addressed through self-help methods.
[(4)
Cities and counties submitting 2001 community
development fund applications that do not include water, sewer, or housing
activities are not eligible to receive a 2001 or 2002 grant award from this
fund. However, the Office may consider a city's or county's request to transfer
funds that are not financing water, sewer, or housing activities under a 2001
or 2002 community development fund grant award to finance water and sewer
activities that will be addressed through self-help methods.]
(b) - (c)
(No change.)
(d)
Application review and contract award
procedures.
(1)
The Office staff review each application to determine whether
it is complete, if all proposed activities are program eligible, and if the
project is financially feasible. Each application recommended for funding
is forwarded to the executive director of the Office.
(2)
The executive director of the Office reviews each funding
recommendation for a project award and except for any award exceeding $300,000
announces the contract award. Any award exceeding $300,000 is submitted to
the Executive Committee for approval.
(3)
Upon announcement of a contract award, the Office staff
works with the recipient to execute the contract agreement. While the award
must be based on the information provided in the application, the Office may
negotiate any element of the contract with the recipient as long as the contract
amount is not increased and the level of benefits described in the application
is not decreased.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on January 30, 2003.
TRD-200300780
Robt. J. "Sam" Tessen, MS
Executive Director
Office of Rural Community Affairs
Earliest possible date of adoption: March 16, 2003
For further information, please call: (512) 936-6710