California Code of Regulations › 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 › Section 8401 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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).