Section 8404 - Balance of State Allocation(a) The Department will administer the Balance of State Allocation for a Service Area without an ESG Entitlement consistent with the requirements of this section as follows: (1) To be eligible to participate in the Balance of State Allocation, a Service Area shall have a Continuum of Care that meets all of the following requirements: (A) It has not opted to have funds for the Service Area administered under the Continuum of Care Allocation pursuant to 8403 (a) (1).(B) It has received Continuum of Care funding from HUD in at least one of the past two federal competitions or has registered with HUD to apply for funding in the next competition;(C) It has conflict of interest policies in place that meet HUD requirements;(D) It has adopted Written Standards that meet HUD requirements for all Eligible activities proposed to be carried out with ESG funds;(E) It operates, or causes to be operated, an HMIS system that meets HUD requirements(2) An Eligible Continuum of Care may recommend a provider for Rapid Re-housing activities. (A) In making this recommendation, the Continuum of Care shall use a process which is 1. Fair and open and avoids conflicts of interest in project selection, implementation, and the administration of funds;2. Considers selection criteria reasonably consistent with the criteria used by the Department in section 8407;3. Complies with the requirements of sections 8408 and 8409;4. Incorporates reasonable performance standards as set forth in the Action Plan based on HUD requirements and guidance. If the applicant has not implemented the proposed activity or similar activity within the past three years, the Continuum of Care shall work with the funded applicant to ensure it meets reasonable performance standards specified in the Action Plan in the contract year;5. Complies with federal ESG requirements;6. Considers any other practices promoted or required by HUD.(B) If recommending a Private nonprofit organization for these funds, the nonprofit organization must submit a Certification of Local Government Approval to undertake ESG-funded activities from each Unit of Local Government where the activity is carried out pursuant to section 414 [42 U.S.C. section 11373(c)] ;(C) Documentation of satisfactory match must be maintained pursuant to the requirements of 24 CFR 576.201.(D) The Department may request information from the Continuum of Care or Subrecipient which demonstrates compliance with the above requirements. Such information shall be provided upon request.(E) The Action Plan will propose minimum and maximum percentages of the Service Area allocation that shall be designated for these activities(3) Funds remaining after allocating for Rapid Re-housing activities pursuant to section 8404 (a) (2) will be made available within three regional allocations as follows. (A) Northern Region comprised of the Service Areas for the Continuums of Care covering the counties of Amador, Butte, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Lake, Lassen, Mendocino, Modoc, Plumas, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Tuolumne, Yuba;(B) Bay Area Region comprised of the Service Areas for the Continuums of Care covering the counties of Marin, Napa, Santa Cruz, and Solano;(C) Central and Imperial Valley Region comprised of the Service Areas for the Continuums of Care covering the counties of Alpine, El Dorado Imperial, Inyo, Kings, Mariposa, Merced, Mono, Nevada Placer, Tulare, Yolo,(D) The configuration of Service Areas within each region may change subject to individual Continuum of Care or ESG Entitlement Area designations made by HUD. The counties belonging to each region will be announced in the NOFA.(4) As requested in the NOFA, each Continuum of Care shall recommend to the Department an Eligible organization or organizations proposing Eligible activities within the Continuum of Care Service Area for funds available under the applicable regional allocation. In making recommendations, the Continuum of Care shall use a process which meets the following requirements:(A) Is Fair and open, and avoids conflicts of interest in project selection, implementation, and the administration of funds(B) considers State application eligibility and rating criteria in sections 8406 and 8407(C) complies with the requirements of sections 8408 and 8409(5) All applications for funds available under the regional allocations will be evaluated by the Department pursuant to the requirements of sections 8406, 8408, and 8409. Depending on whether the regional allocations are oversubscribed, applications submitted for funds within a regional allocation may be rated and ranked pursuant to the requirements of 8407.(b) The Action Plan will set forth proposed limits on any or all of the following: the number of applications submitted within a Continuum of Care Service Area, and any limits on the number or type of activities, contracts, or subcontracts within an application.Cal. Code Regs. Tit. 25, § 8404
1. New section filed 7-14-2004; operative 8-13-2004 (Register 2004, No. 29).
2. Amendment of section heading, repealer and new section and amendment of NOTE filed 2-25-2016; operative 4-1-2016 (Register 2016, No. 9).
3. Governor Newsom issued Executive Order N-66-20 (2019 CA EO 66-20), dated May 29, 2020, relating to procedures and conditions for the allocation of funds pursuant to Public Law 116-136, due to the COVID-19 pandemic. Note: Authority cited: Section 50406(n), Health and Safety Code. Reference: 24 C.F.R. Section 91.320.
1. New section filed 7-14-2004; operative 8-13-2004 (Register 2004, No. 29).
2. Amendment of section heading, repealer and new section and amendment of Note filed 2-25-2016; operative 4/1/2016 (Register 2016, No. 9).