Rule-making#: / 08-11-21-1
Program: Colorado Works / Rule Author: Katie McDougal / Phone: 303-866-2882
(as amended)
STATEMENT OF BASIS AND PURPOSE
Summary of the basis and purpose for the rule or rule change. (State what the rule says or does, explain why the rule or rule change is necessary and what the program hopes to accomplish through this rule.)
The Statewide Strategic Use Fund (SSUF) created through Senate Bill 08-177 is intended to be a state-level mechanism through which funds are allocated toward addressing Colorado’s low-income population and its various needs. This proposed rule request creates a new section following 3.637, as a result of the passage and implementation of SB08-177. Specifically, Section 26-2-721.7, C.R.S., requires the State Board to promulgate rules in three areas and defines the criteria related to the Statewide Strategic Use Fund (SSUF) and the Strategic Allocation Committee (SAC), which include the eligible entities, the need for an application from eligible entities for funding from the SSUF, and reporting and monitoring requirements of eligible recipient entities. The criterion is used to promote the goals of the federal Temporary Assistance for Needy Families (TANF) program through effective and innovative initiatives.
SSUF is created to allocate Colorado Works funds to communities and organizations in Colorado to support families under the four purposes of the federal Temporary Assistance for Needy Families (TANF) program. In addition, statute at section 26-2-721.7, C.R.S., requires that the fund is intended to support initiatives that have either demonstrated effectiveness in achieving, or represent an evidence-based, innovative approach that is likely to achieve one or more of the following goals: 1) enhancing the long-term self-sufficiency of eligible, low-income families; 2) reducing the number of children and families living in poverty; 3) strengthening families who are living in poverty; or 4) increasing the participation of Colorado Works participants in meaningful work activities. Priority consideration will be given to systematic projects that have a county-wide, regional, or statewide focus and cannot effectively be accomplished with existing funds. Geographic representation will also be considered. Furthermore, fundable projects will address systematic issues that mitigate poverty and its impact on families and communities; for example, prevention initiatives, educational attainment, investment in youth oriented programs, workforce development activities, and targeted services to populations with specific barriers.
Initial Review / 01/09/2009 / Final Adoption / 02/06/2009Proposed Effective Date / 01/09/2009 / EMERGENCY Adoption / 01/09/2009
DOCUMENT 3
STATEMENT OF BASIS AND PURPOSE (continued)
An emergency rule-making (which waives the initial APA noticing requirements) is necessary:
X / to comply with state/federal law and/orX / to preserve of the public health, safety and welfare
Explain: Senate Bill 08-177 was signed by Governor Ritter on June 2, 2008. The Strategic Allocation Committee has met and is in the process of developing the Request for Application for allocation of these funds. Promulgation of these rules on an emergency basis is necessary to meet the timeframe that is essential to implement rules. Implementation of these rules on an emergency basis, effective January 9, 2009, is necessary for the expenditure of the SSUF funds, as allocated for this fiscal year. Adoption as an emergency rule will allow the funding of projects specifically to address public health, safety and welfare of families living in poverty.
Authority for Rule:
State Board Authority: 26-1-107, C.R.S. (2008) - State Board to promulgate rules; 26-1-109, C.R.S. (2008) - State Board rules to coordinate with federal programs; 26-1-111, C.R.S. (2008)- State Board to promulgate rules for public assistance and welfare activities; 26-2-721.7(3)(a)(IV), (V), C.R.S. (2008) - requires rules to be promulgated by the state board of human services.
Program Authority: (give federal and/or state cite and a summary of the language authorizing the rule-making)
26-2-721.7, C.R.S. (2008) - creation of the Colorado Works Statewide Strategic Use Fund
Yes / X / NoX / Yes / No
Does the rule incorporate material by reference?
Does this rule repeat language found in statute?
If yes, please explain.
Some of the language is repeated from Section 26-2-721.7, C.R.S., to accurately reflect the new statutes, which define and give guidelines for the use of the Statewide Strategic Use Fund and the Strategic Allocation Committee.
State Board Administration will send this rule-making package to CCI, OSPB and the JBC. The program has sent this rule-packet to which stakeholders?
AFDC Coalition; Legal Aid of Metropolitan Denver; Colorado Center on Law and Policy; Colorado Department of Human Services Food Assistance Division, and Adult Financial Support Services
Attachments:
Regulatory Analysis
Overview of Proposed Rule
Stakeholder Comment Summary
Rule-making Form SBA-3a (9/05)
Title of Proposed Rule: / Rules for the Statewide Strategic Use FundRule-making#: / 08-11-21-1
Program: Colorado Works / Rule Author: Katie McDougal / Phone: 303-866-2882
REGULATORY ANALYSIS
(complete each question; answers may take more than the space provided)
1. List of groups impacted by this rule:
Which groups of persons will benefit, bear the burdens or be adversely impacted by this rule?
This rule is required by statute. No groups will be burdened by this rule. The Colorado Works Program and the Department may benefit from this rule.
2. Describe the qualitative and quantitative impact:
How will this rule-making impact those groups listed above? How many people will be impacted? What are the short-term and long-term consequences of this rule?
The Colorado Works Program may benefit from this rule by ultimately understanding the benefits and/or costs of some of the initiatives funded through the SSUF. Clients will also benefit from this rule as it funds projects specifically related to strengthening families in poverty.
3. Fiscal Impact:
For each of the categories listed below explain the distribution of dollars; please identify the costs, revenues, matches or any changes in the distribution of funds even if such change has a total zero effect for any entity that falls within the category. If this rule-making requires one of the categories listed below to devote resources without receiving additional funding, please explain why the rule-making is required and what consultation has occurred with those who will need to devote resources.
State Fiscal Impact (Identify all state agencies with a fiscal impact, including any CBMS change request costs required to implement this rule change)
$10 million as appropriated to fund SSUF.
County Fiscal Impact
There is no county fiscal impact.
Federal Fiscal Impact
There is no federal fiscal impact.
Other Fiscal Impact (such as providers, local governments, etc.)
SSUF will provide grants to providers and local county departments of social/human services, nonprofits or not-for profits, and other state agencies as defined in rule. The average grant awards are projected to be in a $50,000 to $1,000,000 range.
4. Data Description:
List and explain any data, such as studies, federal announcements, or questionnaires, you relied upon when developing this rule?
Not applicable.
Rule-making Form SBA-3b (6/02)
Title of Proposed Rule: / Rules for the Statewide Strategic Use FundRule-making#: / 08-11-21-1
Program: Division of Colorado Works / Rule Author: Katie McDougal / Phone: 303-866-2882
REGULATORY ANALYSIS (continued)
5. Alternatives to this Rule-making:
Describe any alternatives that were seriously considered. Are there any less costly or less intrusive ways to accomplish the purpose(s) of this rule? Explain why the program chose this rule-making rather than taking no action or using one of the listed alternatives.
There is no alternative to this rule. Due to legislative mandate, it is required that these additions to rule be implemented; however, S.B. 08-177 provides the State Board with the authority and the direction to promulgate these rules.
Rule-making Form SBA-3b (6/02)
Title of Proposed Rule: / Rules for the Statewide Strategic Use FundRule-making#: / 08-11-21-1
Program: Colorado Works / Rule Author: Katie McDougal / Phone: 303-866-2882
OVERVIEW OF PROPOSED RULE
Compare and/or contrast the content of the current regulation and the proposed change.
Section Numbers / Current Regulation / Proposed Change /Stakeholder Comment
3.639 / New / Addition of section concerning the Statewide Strategic Use Fund / __ / Yes / X / No3.639.1 / New / Addition of the purpose of the Statewide Strategic Use Fund and grant allocation criteria / __ / Yes / X / No
3.639.2 / New / Addition of the Strategic Allocation Committee and the criteria for grant recommendation, and State Board “tie breaker” role in case a grant recommendation is denied / _X_ / Yes / _ / No
_
/Yes
/_
/No
STAKEHOLDER COMMENT SUMMARY
The following individuals and/or entities were contacted and informed that this rule-making was proposed:
AFDC Coalition; Legal Aid of Metropolitan Denver; Colorado Center on Law and Policy; Colorado Department of Human Services Food Assistance Division, and Adult Financial Support Services
Comments were received from stakeholders on the proposed rule-making:
X / Yes / NoIf “yes”, please summarize and/or attach the feedback you received; provide proof of agreement or ongoing issues with a letter or public testimony by the stakeholder.
Comments were received from Bill Hanna, Chairman of the Strategic Allocation Committee.
Changes have been made to the document to provide further clarification per this request.
Rule-making Form SBA-3c (6/02)
9 CCR 2503-1
COLORADO WORKS 3.639 – 3.639.11
3.639 STATEWIDE STRATEGIC USE FUND
3.639.1 PURPOSE
The Statewide Strategic Use Fund (SSUF) is intended to support strategic initiatives that will address the purposes of the Temporary Assistance for Needy Families (TANF) program and are delivered on behalf of Colorado’s TANF eligible population. SSUF funding is contingent upon an annual legislative appropriation. SSUF funds shall be used for projects and initiatives that:
A. Address at least one of the four purposes of the Colorado Works Program, as specified in Section 26-2-705, C.R.S.; and,
B. Either have demonstrated effectiveness in achieving, or represent an innovative approach that is likely to achieve, one or more of the following goals:
1. Enhancing the long term self-sufficiency of eligible, low-income Colorado families;
2. Reducing the number of children and families living in poverty;
3. Strengthening families who are living in poverty; or,
4. Increasing the participation of Colorado Works participants in meaningful work activities.
3.639.11 Entities Eligible for SSUF Funds
Entities eligible to receive allocations from the SSUF include:
A. County departments of social/human services; and,
B. Nonprofits or not-for profits; and,
C. State agencies; and,
D. Other entities specified by State Board.
THIS REVISION: / LAST REVISION: / New / REVISION NUMBERAdopted: / Adopted: / Material
Effective Date: / Effective Date:
COLORADO DEPARTMENT OF HUMAN SERVICES
STAFF MANUAL VOLUME 3
INCOME MAINTENANCE
9 CCR 2503-1
COLORADO WORKS 3.639.12 – 3.639.21
3.639.12 Application Process
No eligible entity will receive an allocation from the SSUF unless that entity has successfully complied with the application process as set forth by the Strategic Allocation Committee (SAC). All applications must be:
A. A complete document; and,
B. Submitted to the State Department on or before the date specified as due.
3.639.13 Reporting Requirement
Eligible entities or group of entities receiving allocations from the SSUF shall report at least annually to the State Department and the SAC on their progress. The State Department, in consultation with SAC, shall:
A. Regularly review entities' implementation of their respective initiatives; and,
B. Report to the State Board of Human Services on an annual basis.
3.639.2 STRATEGIC ALLOCATION COMMITTEE’S CHARGE
The Strategic Allocation Committee (SAC) is charged with making recommendations to the Executive Director of the Colorado Department of Human Services (CDHS) regarding allocations from the Statewide Strategic Use Fund (SSUF). The Committee will also advise the Executive Director regarding the criteria and procedures by which the allocations are made.
3.639.21 Grant Recommendations
A. The SAC shall review all applications received that meet the minimum qualifications as specified in Section 3.639.12 and make recommendations to the executive director for allocations from the statewide strategic use fund, within available appropriations. Each recommendation by the SAC shall require the approval of at least nine of the committee members.
B. The Executive Director of the Colorado Department of Human Services may approve or not approve the recommendations of the Strategic Allocation Committee for allocation by the State Department of moneys in the Statewide Strategic Use Fund.
THIS REVISION: / LAST REVISION: / New / REVISION NUMBERAdopted: / Adopted: / Material
Effective Date: / Effective Date:
COLORADO DEPARTMENT OF HUMAN SERVICES
STAFF MANUAL VOLUME 3
INCOME MAINTENANCE
9 CCR 2503-1
COLORADO WORKS 3.639.22 – Concl.
3.639.22 Denial of Grant Recommendation
A. If the Executive Director does not approve a recommendation for approval from the Strategic Allocation Committee, the Committee may submit the recommendation to the State Board of Human Services for action.
B. If the State Board approves the recommendation, the State Department shall allocate the moneys as recommended by the SAC.
THIS REVISION: / LAST REVISION: / New / REVISION NUMBERAdopted: / Adopted: / Material
Effective Date: / Effective Date:
COLORADO DEPARTMENT OF HUMAN SERVICES
STAFF MANUAL VOLUME 3
INCOME MAINTENANCE