Administrative Code

Virginia Administrative Code
7/13/2024

Chapter 901. Community Services Block Grant Program

22VAC40-901-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Community action agency" means a local subdivision of the Commonwealth, a combination of political subdivisions, a separate public agency, or a private, nonprofit agency that has the authority under its applicable charter or laws to receive funds to support community action activities and other appropriate measures designed to identify and deal with the causes of poverty in the Commonwealth, and that is designated as a community action agency by federal law, federal regulations, or the Governor.

"Community action statewide organization" means community action programs, organized on a statewide basis, to enhance the capability of community action agencies.

"Community organization" means a private nonprofit organization, including faith-based organizations.

"Department" means the Virginia Department of Social Services.

"Local share" means cash or in-kind goods and services donated to community action agencies or community action statewide organizations to carry out their responsibilities.

"Locality" means a county or city in the Commonwealth.

"Low-income person" means a person who is a member of a household with a gross annual income equal to or less than 125% of the poverty standard accepted by the federal agency designated to establish poverty guidelines.

Statutory Authority

§§ 2.2-5402 and 63.2-217 of the Code of Virginia and 42 USC § 9909.

Historical Notes

Derived from Virginia Register Volume 17, Issue 18, eff. June 20, 2001; amended, Virginia Register Volume 22, Issue 25, eff. October 1, 2006; Volume 38, Issue 12, eff. March 17, 2022.

22VAC40-901-20. Allocation formula.

All increased state or federal funds shall be distributed to local community action agencies based on the following formula: 75% based on low-income population, 20% based on number of jurisdictions, and 5.0% based on square mileage served. This formula shall be adjusted to ensure that no agency receives less than 1.5% of any increase.

Statutory Authority

§§ 2.2-5402 and 63.2-217 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 17, Issue 18, eff. June 20, 2001.

22VAC40-901-30. Matching contributions.

A community action agency or a community action statewide organization must provide a local share from nonfederal sources equal to a minimum of 20% of the grant award from the state.

Statutory Authority

§§ 2.2-5402 and 63.2-217 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 17, Issue 18, eff. June 20, 2001.

22VAC40-901-40. Preferences for provision of services in unserved localities.

The federal Community Services Block Grant Act (42 USC § 9909) and the state Community Action Act (§ 2.2-5400 et seq., of the Code of Virginia) provide for localities not currently being served by community action agencies to be served through the expansion of existing community action agencies or the designation of a new community action agency. The following is the preference for providing services to an unserved locality:

1. Expansion of the service area of an existing community action agency.

2. Designation of a community organization as a community action agency.

3. Designation of a local government or a combination of local governments as a community action agency.

Statutory Authority

§§ 2.2-5402 and 63.2-217 of the Code of Virginia and 42 USC § 9909.

Historical Notes

Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006.

22VAC40-901-50. Expansion of community action agency service area.

A. A locality that is not served by a designated community action agency may develop a request with an existing community action agency for the provision of services in that locality. The request will include:

1. A description of the way in which the locality will be represented on the board of the existing community action agency.

2. A resolution adopted by the locality requesting the designation of the existing community action agency as the community action agency for the locality. In adopting the resolution, the governing body must have allowed the opportunity for public comment.

3. A description of the existing community action agency's history of successfully providing a variety of services to low-income individuals. Examples would include operating four or more programs aimed at various segments of the low-income population and can include community and economic development.

4. Documentation that the low-income population in the proposed designated service area is large enough to justify funding a variety of programs.

5. Documentation that demonstrates the financial stability of the existing community action agency.

6. The detailed financial procedures that demonstrate how the existing community action agency meets generally accepted accounting principles (GAAP).

7. The existing community action agency plan for providing Community Services Block Grant funded services within the proposed service area. This plan must be developed with input from a variety of sources, including the low-income population of the proposed service area.

B. The department is responsible for evaluating and making recommendations to the Governor on any request for the designation of an existing community action agency in a previously unserved locality. Upon completion of this evaluation, the department will forward to the Secretary of Health and Human Resources a recommendation on what action the Governor should take regarding designation of the existing community action agency. If the Governor designates the existing community action agency in the locality, the locality will be added to the service area of the existing community action agency.

Statutory Authority

§§ 2.2-5402 and 63.2-217 of the Code of Virginia and 42 USC § 9909.

Historical Notes

Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 38, Issue 12, eff. March 17, 2022.

22VAC40-901-60. Designation of a community organization as a community action agency.

A. To be designated as a community action agency, a community organization's purpose shall include working for the reduction of poverty and the revitalization of low-income communities through the identification of local needs and the provision of a broad range of services to meet those needs. The organization must have the recommendation of the governing body of the localities to be served, must be financially viable, and must meet administrative standards, financial management standards, and other requirements established by federal and state laws and regulations. In order for the department to support the designation of a community organization to become a community action agency, the following conditions should exist:

1. The organization's governing board must meet, or be in the process of changing to meet, the requirements of federal and state law related to community action agency boards.

2. Each locality in the proposed service area must have approved a resolution recommending the designation of the organization as a community action agency. In adopting the resolution, the governing body must have allowed the opportunity for public comment.

3. The organization and its management should have a history of successfully providing a variety of services to low-income individuals. Examples would include operating four or more programs aimed at various segments of the low-income population.

4. The low-income population in the proposed designated service area should be large enough to justify funding a variety of programs.

5. The organization must be able to demonstrate financial stability.

6. The organization must have financial procedures in place to meet generally accepted accounting principles (GAAP).

7. The organization must have developed a plan for providing Community Services Block Grant funded services within the proposed service area. This plan must be developed with input from a variety of sources including the low-income population of the proposed service area.

B. A community organization wishing to be designated as a community action agency must submit a written request to the department. The request must include documentation verifying that all of the criteria listed in this section are met. The request will be evaluated per 22VAC40-901-80.

Statutory Authority

§§ 2.2-5402 and 63.2-217 of the Code of Virginia and 42 USC § 9909.

Historical Notes

Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 38, Issue 12, eff. March 17, 2022.

22VAC40-901-70. Designation of a locality or group of localities as a community action agency.

If no existing community action agency or other community organization is willing and able to provide services, a locality or group of localities can request that the department recommend one or more localities for designation as a community action agency. This request must include the following documentation:

1. A description of the efforts made to obtain services through an existing community action agency or a community organization that could have been designated as a community action agency.

2. A resolution adopted by the locality or each of a group of localities requesting that it be designated as a community action agency. In adopting the resolution, the governing body or bodies must have allowed the opportunity for public comment.

3. A resolution adopted by the locality or each of a group of localities establishing a community action board that meets the requirements of federal and state law related to public community action agencies.

4. A plan for providing CSBG-funded services within the proposed service area. This plan must be developed with input from a variety of sources including the low-income population of the proposed service area.

The request submitted to the department will be evaluated per 22VAC40-901-80.

Statutory Authority

§§ 2.2-5402 and 63.2-217 of the Code of Virginia and 42 USC § 9909.

Historical Notes

Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 38, Issue 12, eff. March 17, 2022.

22VAC40-901-80. Evaluation of requests for designation as a new community action agency.

The department is responsible for evaluating and making recommendations to the Governor on any request for the designation of a new community action agency. This evaluation can include onsite monitoring and requests for additional information and documentation. Upon completion of this evaluation, the department will forward to the Secretary of Health and Human Resources a recommendation on what action the Governor should take regarding designation of the community organization or locality as a community action agency. If the Governor designates the community organization or locality as a community action agency, the department will issue a Community Services Block Grant contract with the organization or localities that will be effective the July 1 following the designation.

Statutory Authority

§§ 2.2-5402 and 63.2-217 of the Code of Virginia and 42 USC § 9909.

Historical Notes

Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006.

22VAC40-901-90. Funding for expanded or new community action agencies.

A. As a basis for determining funding for new or expanded community action agencies, the department will use the total number of low-income persons, localities, and square miles that are included in the service area of Virginia's network of existing, expanded, and new community action agencies. The number of low-income persons will be based on the most recent census data. An allocation of funds for new or expanded community action agencies will be developed based on the following formula:

1. 75% based on the number of low-income persons living in the service area compared to the total number of low-income persons in the network;

2. 20% based on the number of localities in the service area compared to the total number of localities in the network; and

3. 5.0% percent based on the number of square miles contained in the service area compared to the total square miles in the network.

B. When an existing community action agency has expanded its service area, the agency's new allocation will be the greater of their current allocation or their allocation based on the formula in subsection A of this section.

C. When a new community action agency is designated, the allocation will be based on the formula in subsection A of this section.

Statutory Authority

§§ 2.2-5402 and 63.2-217 of the Code of Virginia and 42 USC § 9909.

Historical Notes

Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006.

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