54-44.5 Division of Community Services
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<![CDATA[CHAPTER 54-44.5DIVISION OF COMMUNITY SERVICES54-44.5-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Community action agency" means a not-for-profit corporation that has authority<br>under its charter and bylaws to receive funds to administer community action<br>programs and which was officially designated as a community action agency or a<br>community action program under section 210 of the Economic Opportunity Act of<br>1964 [Pub. L. 88-452; 78 Stat. 508; 42 U.S.C. 2701 et seq.] or any federal law<br>concerning a block grant program or other appropriate federal funding of social or<br>community services, unless the community action agency or a community action<br>program lost its designation as a result of failure to comply with the provisions of<br>federal law.2."Community action program" means a community-based and operated program that<br>includes an intake assessment and referral capability in each of its counties and is<br>designed to include a number of projects or components to provide a range of<br>services and activities having a measurable and potentially major impact on causes<br>and conditions of poverty in the community or those areas of the community where<br>poverty is a particularly acute problem. These services and activities may include<br>activities designed to provide opportunities for eligible persons to:a.Secure and retain meaningful employment;b.Attain an adequate education;c.Make better use of available income;d.Obtain and maintain adequate housing and suitable living environment;e.Obtain emergency assistance through grants and loans to meet immediate and<br>urgent individual and family needs, including the need for health services,<br>nutritious food, housing, and employment-related assistance;f.Maximize the role community action agencies play in supportive mechanisms<br>available to North Dakota families;g.Removeobstaclesandsolveproblemsthatblockachievementofself-sufficiency;h.Achieve greater participation in the affairs of the community;i.Make more effective use of other programs; andj.Engage in activities eligible for federal funding, including funding through a<br>block grant for social or community services.3."Department" means the department of commerce.4."Director" means the director of the division.5."Division" means the department division of community services.54-44.5-02. Division of community services - Creation. The division of communityservices is established in the department to provide technical assistance to local governments,<br>state agencies, and the executive branch in the area of community and rural planning andPage No. 1development, policy research and development, and grant program implementation.Thecommissioner shall appoint a director of the division upon the basis of education and experience.<br>The position of director is not a classified position and the director shall serve at the pleasure of<br>the commissioner. The director of the division may employ such other professional, technical,<br>and clerical persons as may be necessary and may fix their compensation within the limits of<br>legislative appropriation.All personnel within the division must be allowed their actual andnecessary travel expenses at the same rate as for other employees of the state.54-44.5-03. Powers and duties of the director. The director shall direct and supervise,with the approval of the commissioner, all the administrative and technical activities of the<br>division.54-44.5-04. Division of community services - Powers and duties. The division ofcommunity services shall:1.Provide relevant information on pertinent topics and issues which relate to public<br>policy development, interpretation, modification, and implementation.2.Research, analyze, and recommend public policy for the office of management and<br>budget and the executive office.3.Coordinate public policy implementation within the state. Powers conferred upon<br>departments, agencies, or instrumentalities of the state, counties, townships, or<br>cities by any existing state or local law may not be derogated by this duty.4.Develop state energy conservation policy and manage federal energy conservation<br>program activities between all levels of the public and private sectors regarding the<br>prudent and efficient use of energy resources.5.Develop, implement, and administer federal categorical and block grant programs<br>assigned to the division.6.Advise, coordinate, and assist cities, political subdivisions, and the state in all<br>phases of state and local planning for the physical development of the state.7.Render financial assistance to any government planning agency within federal law or<br>regulation.8.Advise, consult, coordinate, assist, and contract with or on behalf of the various<br>planning agencies in developing and harmonizing planning activities of the state.9.Implement a state facility energy improvement program.54-44.5-05. Continuing appropriation. There is hereby appropriated as a standing andcontinuing appropriation to the department for the purpose of carrying out the provisions of this<br>chapter, including the administration of such provisions, all moneys returned as repayments of<br>federal or other funds granted under the community development loan fund, and all earnings<br>from the investment of such moneys, which may be received from time to time by the division.<br>Administrative expenses may only be charged against such moneys to the extent permitted by<br>federal law or regulations.54-44.5-06. Community action agency board of directors - Qualifications - Powers -Duties. Each community action agency must have a board of directors, as provided by the<br>bylaws of the corporation, that is consistent with federal law concerning community action<br>agencies that are eligible to receive federal funding through a block grant or other appropriate<br>federal sources for social or community services. The board shall determine personnel, fiscal,<br>and program policies and shall approve proposals of financial assistance and the disbursement<br>of funds.Page No. 254-44.5-07.Funding - Community action agency's share of funds - Howdetermined.1.If the Congress of the United States approves a block grant system to fund social or<br>community programs, the state may use, subject to legislative appropriation, the<br>block grant funds or in-kind services to provide a level of financial assistance for<br>community action agencies to carry out community action programs through the<br>community services block grants pursuant to the federal Community Services Block<br>Grant Act [Pub. L. 97-35; 95 Stat. 511; 42 U.S.C. 9903] or any other block grant or<br>other federal funding sources that may be appropriate.2.The division shall distribute the federal community services block grant funds<br>received under the federal Community Services Block Grant Act [Pub. L. 97-35; 95<br>Stat. 511; 42 U.S.C. 9903] or any other block grant or other appropriate federal<br>funding source and shall allocate the funds as follows, unless a different amount is<br>mandated by federal law:a.At least ninety percent must be allocated to community action agencies;b.The greater of fifty-five thousand dollars or five percent may be allocated for<br>state administrative expenses; andc.Not more than five percent may be allocated for state discretionary projects.3.Each community action agency, in accordance with procedures established by the<br>division, is entitled to receive a portion of available federal Community Services<br>Block Grant Act [Pub. L. 97-35; 95 Stat. 511; 42 U.S.C. 9903] or any other block<br>grant funds or other appropriate federal funding source, if it is consistent with federal<br>law, based on that agency's poverty population relative to the state's total poverty<br>population. The division shall determine poverty levels using criteria established by<br>the United States office of management and budget.4.Each community action agency is governed by procedures established by the<br>division as it relates to the community services block grant program.54-44.5-08. State facility energy improvement program. By August fifteenth of eachodd-numbered year, the office shall inform all state agencies and institutions of the state facility<br>energy improvement program. The office shall work with interested agencies and institutions to<br>identify potential state facility energy improvement programs and select facilities for indepth<br>energy audits designed to provide information on project costs along with estimated energy<br>savings from implementation of those projects. The office shall notify affected utilities to discuss<br>the potential impact on the utility and its customers of the proposed energy savings or<br>conservation project. Upon completion of the energy audit, the office, in consultation with the<br>interested agencies or institutions, shall submit a list of proposed projects to the governor,<br>accompanied with the estimated cost of each project and energy savings resulting from the<br>projects. The office shall submit a report listing the proposed energy savings or conservation<br>projects to the governor by September first of each even-numbered year. The governor shall<br>include the proposed energy efficiency or conservation projects in the biennial budget.Thegovernor shall make available to the legislative assembly a report prepared by the office on each<br>energy efficiency or conservation project, a description of the improvements to be financed, the<br>estimated cost of each project, the total cost of the program, and the proposed method of<br>financing the program. If the office proposes that evidences of indebtedness be issued to finance<br>the energy efficiency or conservation improvements, the office shall provide an assurance that<br>energy savings resulting from the improvements will be sufficient to equal or exceed the annual<br>debt service of the evidences of indebtedness. In determining whether the energy savings will be<br>sufficient to equal or exceed the annual debt service, the office, in consultation with the interested<br>agencies or institutions, may analyze state agency utility data to identify potential projects;<br>perform detailed energy audits of state facilities, including contracting for audits if necessary; and<br>provide training to facility maintenance staff to ensure that sufficient cost-savings are realizedPage No. 3from projects to cover the debt service. The governor shall include in the executive budget<br>recommendation for each state agency or institution participating in the state facility energy<br>improvement program an estimate of the annual energy cost-savings expected for that agency,<br>and, if needed, a projection of the debt service on program bonds that is apportioned to that<br>agency. The executive budget recommendation must then reduce the current level of utility<br>appropriations by the amount needed for debt service retirement and recommend an<br>appropriation of that amount to the state building authority. Any appropriation of an amount<br>needed for debt service retirement to the state building authority is not subject to the limitation<br>contained in section 54-17.2-23.54-44.5-09.Office of renewable energy and energy efficiency.The office ofrenewable energy and energy efficiency is established within the division of community services.<br>The office shall assist in the development of renewable energy within this state to provide secure,<br>diverse, sustainable, and competitive renewable energy supplies and promote the conservation<br>of energy and the wise use of energy resources in both the public and private sectors. The office<br>shall communicate and disseminate information concerning state and federal energy<br>conservation and renewable energy incentives, including tax credits, financing and grants to<br>business entities seeking to invest in wind-generated power and transmission, ethanol production<br>and distribution; and the development of biodiesel, biomass, solar, hydropower, geothermal, and<br>other renewable energy sources.The office shall also manage and distribute all productionincentive payments as authorized by chapter 17-02.Page No. 4Document Outlinechapter 54-44.5 division of community services]]>