Thank you for this opportunity to respond to your request of July 3 (BNSEO-FY ‘98-12 Information Memorandum) for comment on the FY ‘99 Consolidated State Plan and Regulations Amendment. I am here representing MASSCAP and its President Al Sax, Executive Director, Hampshire County Action Commission. Our comments pertain to the proposed amendment to the regulations.

We understand and appreciate the state’s interest in completing the promulgation of Community Services Block Grant Program regulations, which was started in April 1997 when most of the sections of the regulation were promulgated. More specifically, we agree that there should be a process to designate that a CAA serve certain unserved or once served cities and towns.

At the same time, we have a few recommendations related to adjusting the text of the proposed amendment. In addition, notwithstanding these suggestions, we ask the Department to consider delaying the complete promulgation of the CSBG regulations until after the passage of pending federal CSBG legislation. If such a delay is not possible, we recommend that the regulations be promulgated as interim regulations pending the passage of the federal CSBG legislation.

Recommended Adjustments to the Text of the Amendment

Notwithstanding our hope that the complete promulgation of 760 CMR 29.00 be delayed or at least be considered interim, we respectfully suggest three changes to the text of the proposed amendment:

1. In paragraph 2, Areas to be Served, remove the last four words (as authorized by the Director) of the first sentence. CAAs often serve communities that are not part of their official service areas with programs stemming from a variety of different state agencies. The ability to effectively respond to the needs of the residents of surrounding communities would be hampered by a requirement to seek the authorization of the Director. Suggested new text: A CAA shall conduct CSBG funded programs and activities only in the cities or towns included in its designated service area, and may provide additional services in other cities or towns.

2. In paragraph 3a, Designation, insert in the second sentence after the word "may" the following: ",after notification of and input from appropriate CAAs or the CAA association (MASSCAP, the Massachusetts Community Action Program Directors’ Association),". Again, we agree that there should be a process to designate that a CAA serve certain unserved or once served cities and towns. The process could be enhanced, however, by providing the CAAs with a chance to comment before such a process commences. Suggested new text: If a city or town has not been or ceases to be served by a designated CAA under CSBG program, the Department may, after notification of an input from the appropriate CAAs or the CAA association (MASSCAP, the Massachusetts Community Action Program Directors’ Association), initiate a process for the Director to designate a CAA or other eligible entity...

3. In this same paragraph, add a sentence indicating that a CAA or CAAs or the CAA association (MASSCAP) may request approval by the Director to include an additional municipality(ies) in the CAA(s) service area. CAAs have a comprehensive understanding of their service areas and the cities and towns in the vicinity and are in a position to suggest an expansion of an official service area. While we have not developed the components of such a request, we would be happy to work with the Department on this at a later date.

Recommended Delay

Our reasons for recommending a delay in the acceptance of the amendment stems from the language of the regulations currently in force, promulgated in April 1997. The next to last sentence of the first paragraph of section 29.04 states: "the Department will promulgate additional provisions concerning such procedures [procedures for the expansion of an existing service area or the designation of a new CAA in a particular service area], following discussion with the CAAs and other interested parties."

While we have had informal and incidental conversations with DHCD personnel, in our judgement these conversations do not constitute the kind of discussion called for in that sentence of the regulations currently in force. Furthermore, we are currently performing research for the Department on, among other topics, the expansion of official CAA service areas, so called "capping", and will, as the contract states, submit a report at the end of September. It is our hope that the information included in that report would constitute a basis for further discussion on a variety of topics including the expansion of existing CAA service areas.

Furthermore, it is our understanding that the priority sequence outlined in paragraph 3 (b) related to the process of designation, is based directly on the existing federal CSBG law. Since, the CSBG 1998 reauthorization bill contains similar but not identical language on designation, it may make sense to wait for the passage of the reauthorization bill and then issue regulations. If such a delay is not possible, the promulgation of the regulations as interim regulations is preferred.

Again, we appreciate the opportunity to participate in the process of the developing the state plan and amending the CSBG regulations. We stand ready to work further with DHCD to revise the regulations or address any questions you may have.

MASSCAP is a statewide network of 25 multi-service agencies--known as community action programs (CAPs)--providing basic support and training services to thousands of low-income and elderly residents across the state. We were created over 30 years ago by Congress to combat poverty by helping clients gain skills needed for self-sufficiency.