§ 8401. Definitions.
25 CA ADC § 8401BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Barclays Official California Code of Regulations Currentness
Title 25. Housing and Community Development
Division 1. Housing and Community Development
Chapter 7. Department of Housing and Community Development Programs
Subchapter 20. Federal Emergency Shelter Grants Program
25 CCR § 8401
§ 8401. Definitions.
In addition to the definitions found in 42 U.S.C. section 11371 (section 411), and 24 C.F.R. section 576.3, the following definitions shall apply to this subchapter
“Action Plan” means the annual plan required by HUD pursuant to 24 CFR Part 91 governing the distribution and use of ESG funds allocated by HUD to states and local governments.
“Administrative activities” is defined at 24 CFR 576.108.
“Administrative Entity” means a Unit of general purpose local government approved by the Department pursuant to section 8403 to administer State ESG funds.
“Balance of State Allocation” means funds allocated pursuant to the requirements of sections 8404 through 8407.
“City” is defined at 42 U.S.C. section 5302(a)(5).
“Continuum of Care” is defined at 24 CFR 576.2.
“Continuum of Care Allocation” means the ESG funds pursuant to the requirements of section 8403.
“Continuum of Care Service Area” means the entire geographic area within the boundaries of an Eligible Continuum of Care.
“Coordinated Entry” means the system of program access, needs assessment and prioritization developed by a Continuum of Care pursuant to 24 CFR 576.400 (d), and associated HUD requirements and guidance. This term is also known as “Coordinated Entry System”, “Coordinated Assessment” or “Centralized Assessment”.
“Core Practices” means the practices and protocols of delivering ESG Eligible activities as specified in section 8409.
“Department” means the California Department of Housing and Community Development.
“ESG” is the acronym for the Emergency Solutions Grants program.
“Eligible activities” mean those activities upon which ESG funds may be expended as described in section 8408.
“Eligible Continuum of Care” means a Continuum of Care in the State that has within its Service Area at least one Nonentitlement area. These entities must also meet the requirements of sections 8403 (d) or 8404 (a).
“Eligible organization” means a Private nonprofit organization or a Unit of general purpose local government that provides, or contracts with Private nonprofit organizations to provide, Eligible activities.
“Emergency shelter” is defined under 24 CFR 576.2.
“ESG Entitlement” means a Unit of general purpose local government that meets one of the following: (1) is a Metropolitan City or Urban County as defined under 42 USC 5302 that receives an allocation of ESG funds directly from HUD; (2) is in a Nonentitlement area that has entered into an agreement with an Urban County to participate in that locality's ESG program, or (3) is a Metropolitan City or Urban County that have entered into a joint agreement with one another to receive and administer a combined direct allocation of ESG funds from HUD.
“ESG Entitlement Area” or “Entitlement Area” means the geography within an ESG Entitlement's boundaries.
“ESG Nonentitlement” means a Unit of general purpose local government that does not receive ESG funding directly from HUD and is not participating as an ESG Entitlement.
“ESG Nonentitlement Area” means the geography within an ESG Nonentitlement's boundaries.
“Governing Board” - for nonprofit applicants this term includes board of directors; for county local government applicants this term includes county board of supervisors; for City local government applicants this term includes City council.
“HMIS” means Homeless Management Information System as defined under 24 CFR 576.2. Use of the term “HMIS” within these regulations shall also include use of a comparable database, as permitted by HUD under 24 CFR Part 576.
“Homeless” is defined at 24 CFR 576.2.
“Homelessness prevention activities” means activities or programs described in 24 CFR 576.103.
“HUD” means the United States Department of Housing and Urban Development.
“NOFA” is the acronym for a “Notice of Funding Availability” described in section 8405.
“Nonentitlement area” is defined at 42 U.S.C. 5302.
“Operations” means the category of FESG activities that includes shelter maintenance, operation, rent, repairs, security, fuel, equipment, insurance, utilities, food and furnishings.
“Private nonprofit organization” is defined at 24 CFR 576.2.
“Rapid Re-housing” means the activities set forth in 24 CFR 576.104.
“Rank” means the order of eligible applications for funding based only on the rating established pursuant to the applicable grant selection criteria.
“Rating” means the process by which eligible applications are evaluated and given an overall numerical or relative value based on the numerical or relative value(s) assigned to each of the identified selection criteria described in the NOFA to which the applicant is responding.
“Service Area” has the same meaning as the term “Continuum of Care Service Area”.
“Site” means one or more facilities where the program(s) is being carried out.
“Site Control” means the legal right to occupy and use the Site, as evidenced by such things as:
(1) a deed demonstrating ownership in fee title;
(2) a lease demonstrating a leasehold interest in the Site and its improvements for at least the term of the ESG grant,
(3) an enforceable option to purchase or lease a site provided that such option will be for at least the term of the ESG grant or
(4) For rotating shelter programs, site control may include other evidence provided by the applicant granting permission to use the site(s). Such evidence must be approved by the Department in writing prior to the deadline for submission of the ESG application stated in the applicable NOFA.
“Standard Agreement” means the contract entered into by the Department and the ESG Subrecipient setting forth the basic terms and conditions governing the award of ESG funds.
“Subrecipient” means an entity that enters into a Standard Agreement with the Department for ESG funds.
“Subrecipient of the Administrative Entity” means an entity that enters into a written agreement with the Administrative Entity to implement Eligible activities with ESG funds.
“Unit of general purpose local government” is defined at 24 CFR section 576.2.
“Written Standards” means the standards, policies, and procedures adopted by a Continuum of Care for providing ESG-eligible activities pursuant to the requirements of 24 CFR 576.400 (e).
Note: Authority cited: Section 50406(n), Health and Safety Code. Reference: 42 U.S.C. 5302, 42 U.S.C. 11302, 42 U.S.C. 11371, 42 U.S.C. 11373, 24 C.F.R. 576.3 and 24 C.F.R. 576.400.
1. New section filed 7-14-2004; operative 8-13-2004 (Register 2004, No. 29).
2. Amendment of section and Note filed 2-25-2016; operative 4-1-2016 (Register 2016, No. 9).
This database is current through 10/9/20 Register 2020, No. 41
25 CCR § 8401, 25 CA ADC § 8401
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