ORS 458.505
Community action agency network as delivery system for federal antipoverty programs
- duties of Housing and Community Services Department
(1)
The community action agency network, established initially under the federal Economic Opportunity Act of 1964, is the delivery system for federal antipoverty programs in Oregon, including:(a)
The Community Services Block Grant;(b)
Low Income Home Energy Assistance Program; and(c)
The United States Department of Energy Weatherization Assistance Program.(2)
Funds for such programs shall be distributed to the community action agencies by the Housing and Community Services Department with the advice of the Community Action Partnership of Oregon.(3)
In areas not served by a community action agency, funds other than federal community services funds may be distributed to and administered by organizations that are found by the Housing and Community Services Department to serve the antipoverty purpose of the community action agency network.(4)
In addition to complying with all applicable requirements of federal law, a community action agency shall:(a)
Be an office, division or agency of the designating political subdivision or a not for profit organization in compliance with ORS chapter 65.(b)
Have a community action board of at least nine but no more than 33 members, constituted so that:(A)
One-third of the members of the board are elected public officials currently serving or their designees. If the number of elected officials reasonably available and willing to serve is less than one-third of the membership, membership of appointed public officials may be counted as meeting the one-third requirement;(B)
At least one-third of the members are persons chosen through democratic selection procedures adequate to assure that they are representatives of the poor in the area served; and(C)
The remainder of the members are officials or members of business, industry, labor, religious, welfare, education or other major groups and interests in the community.(c)
If the agency is a private not for profit organization, be governed by the Community Action Board. The board shall have all duties, responsibilities and powers normally associated with such boards, including, but not limited to:(A)
Selection, appointment and dismissal of the executive director of the agency;(B)
Approval of all contracts, grant applications and budgets and operational policies of the agency;(C)
Evaluation of programs; and(D)
Securing an annual audit of the agency.(d)
If the organization is an office, division or agency of a political subdivision, be administered by the board that shall provide for the operation of the agency and be directly responsible to the governing board of the political subdivision. The administering board at a minimum, shall:(A)
Review and approve program policy;(B)
Be involved in and consulted on the hiring and firing of the agency director;(C)
Monitor and evaluate program effectiveness;(D)
Ensure the effectiveness of community involvement in the planning process; and(E)
Assume all duties delegated to it by the governing board.(e)
Have a clearly defined, specified service area. Community action service areas may not overlap.(f)
Have an accounting system that meets generally accepted accounting principles and be so certified by an independent certified accountant.(g)
Provide assurances against the use of government funds for political activity by the community action agency.(h)
Provide assurances that no person shall, on the grounds of race, color, sex, sexual orientation, gender identity or national origin be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with funds made available through the community action program.(i)
Provide assurances the community action agency shall comply with any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified individual with disabilities as provided in section 504 of the Rehabilitation Act of 1973.(5)
For the purposes of this section, the Oregon Human Development Corporation is eligible to receive federal community service funds and low-income energy assistance funds.(6)
The Housing and Community Services Department shall:(a)
Administer federal antipoverty programs listed in subsection (1) of this section.(b)
In conjunction with the Oregon Housing Stability Council, culturally specific organizations, the Community Action Partnership of Oregon and service providers, develop a collaborative role in advocating for, and addressing the needs of, all low income Oregonians.(c)
On a regular basis provide information to service providers on the activities and expenditures of the Housing and Community Services Department.(d)
As resources are available, provide resources for technical assistance, training and program assistance to Community Action Partnership of Oregon, service providers and other eligible entities.(e)
As resources are available, provide resources pursuant to ORS 409.750 (State goal to eliminate or alleviate poverty) for the training and technical assistance needs of service providers.(f)
Fully integrate the Oregon Human Development Corporation into the antipoverty delivery system, which must include a minimum level of services and funding for low income migrant and seasonal agricultural workers from the antipoverty programs administered by the agency.(g)
Limit its administrative budget in an effort to maximize the availability of antipoverty federal and state funds for expenditures by local service providers. [Formerly 184.802; 1997 c.249 §156; 2003 c.14 §289; 2003 c.186 §15; 2007 c.100 §28; 2009 c.64 §3; 2009 c.407 §2; 2021 c.367 §27; 2021 c.448 §3](a)
Federal funds that the Housing and Community Services Department administers if the funds are designated for mortgage assistance and are made available through a federal law whose purpose is providing aid in response to COVID-19; and(b)
Federal funds received by the state under the Emergency Solutions Grants program as authorized under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.), as amended, and made available under the Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-136).(2)
Notwithstanding ORS 458.505 (Community action agency network as delivery system for federal antipoverty programs), the department may disburse COVID-19 housing funds through grants and loans to local governments as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325), tribes as defined in ORS 273.462 (Definitions), individuals, housing authorities as defined in ORS 456.005 (Definitions for ORS chapters 456 and 458), nonprofit corporations as defined in ORS 65.001 (Definitions) and community action agencies as described in ORS 458.505 (Community action agency network as delivery system for federal antipoverty programs).(3)
The department, in its sole discretion, may allocate the funds in any method that ensures statewide geographic coverage without regard to an existing distribution formula, including through a competitive grant or contract process. [2020 s.s.2 c.10 §41]
Source:
Section 458.505 — Community action agency network as delivery system for federal antipoverty programs; duties of Housing and Community Services Department, https://www.oregonlegislature.gov/bills_laws/ors/ors458.html.
Up to date