SECTIONS 12750-12763

12750.  (a) A community action agency shall be a public or privatenonprofit agency that fulfills all of the following requirements: (1) Has been designated by the director to operate a communityaction program. (2) Has a tripartite board structure meeting the requirements ofSection 12751. (3) Has the power, authority, and capability to plan, conduct,administer, and evaluate a community action program, including thepower to enter into contracts with other public and private nonprofitagencies and organizations to assist in fulfilling the purposes ofthis chapter. (b) A community action program is a locally planned and operatedprogram comprising a range of services and activities having ameasurable and potentially major impact on causes of poverty in thecommunity or those areas of the community where poverty is aparticularly acute problem. (c) Component services and activities of a community actionprogram may be administered directly by the community action agency,or by other agencies pursuant to delegation or subcontractualagreements with the eligible entity. They may be projects eligiblefor assistance under this chapter, or projects assisted from otherpublic or private sources, and they may be either specially designedto meet local needs, or designed pursuant to the eligibilitystandards of the state or federal program providing assistance to aparticular kind of activity that will help in meeting those needs. (d) For the purpose of this chapter, a community may be a city,county, multicity or multicounty unit, that provides a suitableorganizational base and possesses the commonality of interest neededfor a community action program.12750.1.  (a) No new community action agency may be designated bythe director for a political subdivision that is served by anexisting community action agency unless any of the following exist: (1) The political subdivision is informed in writing by thedirector that the existing community action agency has failed tocomply, after having a reasonable opportunity to do so, with therequirements of this chapter, subject to paragraph (5) of subdivision(c) of Section 12781. (2) The political subdivision is informed by its existingcommunity action agency that because of changes in assistancefurnished to programs to economically disadvantaged persons it can nolonger operate a satisfactory community action program. (3) The director is petitioned by significant numbers of eligiblebeneficiaries to reconsider its existing designation and, based onthat reconsideration, determines to designate an alternate communityaction agency. (b) In the event that the designation of an existing communityaction agency is revoked, the director shall designate a newcommunity action agency within a period of 90 days after theeffective date of the revocation, subject to Section 12750.2. (c) New community action agency designations may be made inpolitical subdivisions or combinations of political subdivisions in acounty or portion thereof for which no community action agency hasbeen designated provided that the community to be served has apopulation of at least 50,000, as determined by the Bureau of Censusfrom the most recent available census or survey. The director maywaive the general requirement that the community to be served have apopulation of at least 50,000 in those instances where no practicalgrouping of contiguous political subdivisions can be made in order tomeet that requirement. (d) A private nonprofit agency that serves a political subdivisionor combination of political subdivisions having more than 50,000population shall be entitled to petition the department for statedesignation as a community action agency, provided it has a governingboard meeting community action agency requirements and has thecapability to plan, conduct, administer, and evaluate a communityaction program.12750.2.  For purposes of serving any area of the state in whichcommunity action programs cease to be provided, the director shalldesignate an organization in accordance with Section 9909 of Title 42of the United States Code, as amended, and through a process thatshall include all of the following: (a) Notice of intent to designate. (b) Request for proposals by any political subdivision or by anyother qualified organization that can demonstrate adequaterepresentation of low-income individuals in the development,planning, implementation, and evaluation of the community actionprogram. (c) Invitation to the political subdivision to participate in thereview of the proposals.12751.  Each community action agency shall have a board of directorsconforming to the following requirements: (a) One-third of the members of the board are elected publicofficials, currently holding office, or their representatives, exceptthat if the number of elected officials reasonably available andwilling to serve is less than one-third of the membership of theboard, membership on the board of appointive public officials may becounted in meeting this requirement. (b) At least one-third of the members are persons chosen inaccordance with democratic selection procedures outlined inregulations promulgated by the department to assure that the membersrepresent the poor and reside in the area served. (c) The remainder of the members are officials or members ofbusiness, industry, labor, religious, human services, education, orother major groups and interests in the community.12752.  The powers of the tripartite governing board of thenonprofit community action agency shall include the power to appointthe executive director, to determine major personnel, fiscal, andprogram policies, to approve overall program plans and priorities,and to assure compliance with conditions of and approve proposals forfinancial assistance under this chapter.12752.1.  (a) If a political subdivision or local government isdesignated as a community action agency, it shall do all of thefollowing: (1) Establish a tripartite advisory or administering board toprovide input to the political subdivision or local governmentregarding the activities of the community action agency. (2) Share with its tripartite board the determination of thecommunity action agency's program plans and priorities. (3) Provide for the participation of the tripartite board in theselection of the executive director of the community action agency,unless prohibited by local law, city charter, or civil serviceprocedure. (b) The political subdivision or local government may, consistentwith general and local law, delegate any or all of the followingpowers to the tripartite board: (1) To determine its own rules and procedures and to select itsown officers and executive committee. (2) To determine, subject to the ratification of designatingofficials, the community action agency's major personnel,organizational, fiscal, and program policies. (3) To approve, subject to the ratification of designatingofficials, all program proposals, budgets and subcontractoragreements. (4) To oversee the extent and the quality of the participation ofthe poor in the programs of the community action agency.12753.  (a) Each community action agency shall adopt procedures toprovide a continuing and effective mechanism for securing broadcommunity involvement in programs assisted under this act and forensuring that all groups or elements represented on the tripartiteboard have a full and fair opportunity to participate in decisionsaffecting those programs. (b) Community action agencies shall establish procedures underwhich community agencies and representative groups of the poor thatfeel themselves inadequately represented on the tripartite board maypetition for adequate representation.12754.  In exercising its powers and carrying out its overallresponsibility for a community action program, a community actionagency shall have, subject to the purposes of this chapter, at leastthe following functions: (a) Planning systematically for and evaluating the program,including actions to develop information as to the problems andcauses of poverty in the community, determine how much and howeffectively assistance is being provided to deal with those problemsand causes, and establish priorities among projects, activities, andareas as needed for the best and most efficient use of resources. (b) Encouraging agencies engaged in activities related to thecommunity action program to plan for, secure, and administerassistance available under this chapter or from other sources on acommon or cooperative basis; providing planning or technicalassistance to those agencies; and generally, in cooperation withcommunity agencies and officials, undertaking actions to improveexisting efforts to overcome poverty. (c) Initiating and sponsoring projects responsive to needs of thepoor that are not otherwise being met. (d) Establishing effective procedures by which the poor and arearesidents concerned will be enabled to influence the character ofprograms affecting their interests, providing for their regularparticipation in the implementation of those programs, and providingtechnical and other support needed to enable the poor andneighborhood groups to secure on their own behalf availableassistance from public and private sources. (e) Joining with and encouraging business, labor, and otherprivate groups and organizations to undertake, together with publicofficials and agencies, activities, in support of the communityaction program that will result in the additional use of privateresources and capabilities, with a view to things such as developingnew employment opportunities, stimulating investment that will have ameasurable impact in reducing poverty among residents of areas ofconcentrated poverty, and providing methods by which residents ofthose areas can work with private groups, firms, and institutions inseeking solutions to problems of common concern.12756.  Every community action agency has a fundamentalresponsibility to encourage, assist, and strengthen the ability ofthe poor in the areas served by the community action agency to playmajor roles in the organization; program planning; goal setting;determination of priorities; decisions concerning budgeting andfinancial management; key decisions concerning hiring of personnel,selection criteria, personnel policies, and career developmentprograms; and evaluation of programs affecting their lives. Thefundamental responsibility of the community action agency includesall of the following: (a) Seeking and bringing about ways to improve its owneffectiveness as a channel through which the poor, local government,and private groups can communicate, plan, and act together inpartnership. In that partnership, the poor shall have a strong voiceor role, both directly and through representatives whom they havechosen. (b) Providing the representatives of the poor serving on thetripartite board of the community action agency with the tools andthe support, including guidance, training, and staff assistance, thatwill permit them to participate meaningfully in the affairs of thecommunity action agency, and in all of its programs and subcontractoragencies. (c) Encouraging the development of effective local organizationsestablished and controlled by residents of poor neighborhoods andareas. Community action agencies are expected to provide training,technical assistance, and staff resources to enable the poor todevelop, administer, and participate effectively in local areaprograms and to enter into the broader community discussion ofproblems and solutions relating to poverty. (d) Providing employment for poor persons in all phases of thecommunity action program. (e) Continually ensuring that subcontractor agencies involve poorpersons in the planning, conduct, and evaluation of subcontractedprograms. (f) Working for the acceptance by other public and privateagencies and organizations serving the community of effective andgrowing involvement of the poor in the planning, conduct, andevaluation of all activities that affect them and their inclusion incareer jobs in the agencies.12757.  Where a community action agency places responsibility formajor policy determinations with respect to the character, funding,extent, and administration of and budgeting for programs to becarried on in a particular geographic area within the community in asubsidiary board, council, or similar agency, such board, council, oragency shall be broadly representative of the area and shall assureadequate opportunity for membership of elected public officials onsuch board, council, or agency.12758.  (a) All Community Services Block Grant funds made availableby Congress shall be used by the state, together with any state fundsas may from time-to-time be appropriated for this program, and anyfunds as may be transferred to this program from other federal blockgrants, in accordance with the annual Budget Act. (b) No transfer of funds is permitted, under any circumstance,from the California Community Services Block Grant Program to anyother block grant or program administered by the state or by thefederal government.12759.  (a) For the purposes of this section, the following termshave the following meanings: (1) "Agency" means a community action agency, limited purposeagency, or other organization that qualifies as an eligible entitypursuant to this chapter and that receives financial assistance fromthe total program funds, as defined in paragraph (2). (2) "Total program funds" means the federal Community ServicesBlock Grant funds that remain after the amount reserved pursuant tosubdivision (c) is set aside. (3) "Uncapped program" means a program that serves an uncappedarea, as defined in Section 12730. (b) The director shall allocate federal Community Services BlockGrant funds consistent with the following principles: (1) The historic distinction between minimum and nonminimum fundedagencies and other eligible entities shall be minimized andeventually eliminated. (2) After the target allocation point as set forth in subdivision(c) is achieved, allocation adjustments shall treat all agenciesequitably and without regard to minimum funding levels. (3) If federal Community Services Block Grant funding is reducedor increased, funds shall be allocated so as to avoid abrupt changesin current allocations. (c) For each fiscal year, the director shall first reserve fromthe annual federal Community Services Block Grant all amounts thatfederal or state law allows or requires to be set aside for statewideactivities consistent with the purposes of the Community ServicesBlock Grant, including, but not limited to, training, technicalassistance, monitoring, coordination, and administration. (d) (1) The goal of this section is to achieve a target allocationpoint for each agency. The target allocation for each agency, exceptuncapped program agencies, shall be either two hundred fiftythousand dollars ($250,000) or the amount the agency received fromthe 2005 federal Community Services Block Grant award, whichever isgreater. The target allocation point for each uncapped program shallbe the amount it received from the 2005 federal Community ServicesBlock Grant award. An agency with a target allocation point equal tothe amount received from the 2005 federal Community Services BlockGrant award shall have its target allocation point further adjustedpursuant to paragraph (6). (2) The director shall first assign an initial base allocation foreach agency, except an uncapped program agency, that shall be equalto either one hundred seventy-three thousand five hundred fifty-sixdollars ($173,556) or the amount the agency received from the 2005federal Community Services Block Grant award, whichever is greater.The director shall assign each uncapped program an initial baseallocation that shall be equal to the amount the program receivedfrom the 2005 federal Community Services Block Grant award even if itis less than one hundred seventy-three thousand five hundredfifty-six dollars ($173,556). (3) From the 2007 federal Community Services Block Grant, thedirector shall begin by allocating the initial base allocation toeach agency. If the total program funds available that year are morethan the amount required to fulfill the initial base allocation forall agencies, the allocation shall be adjusted pursuant to paragraph(4). If the total program funds available that year are less than theamount required to fulfill the initial base allocation, theallocation shall be adjusted pursuant to paragraph (5). (4) Commencing with the 2007 federal fiscal year, if there is anincrease in total program funds in any federal fiscal year before thetarget allocation point is achieved, the additional funds shall beallocated as follows: (A) First, each agency that is not an uncapped program whose prioryear allocation was less than two hundred fifty thousand dollars($250,000) shall have its allocation increased until each of thoseagencies reach the target allocation point of two hundred fiftythousand dollars ($250,000). The allocations to these agencies shallbe prioritized initially to the lowest funded agencies to enabletheir allocations to, as much as the funding increase allows, floatup toward the second lowest funded agencies, and then to thiscollective group of agencies to enable their allocations to float uptoward the next lowest funded agencies, and so on until all of theseagencies reach the target allocation point of two hundred fiftythousand dollars ($250,000). (B) Second, once the target allocation point of two hundred fiftythousand dollars ($250,000) is reached pursuant to subparagraph (A),additional funds shall be allocated proportionately among each of theagencies, including uncapped program agencies whose targetallocation point equals the amount the agency received from the 2005federal Community Services Block Grant award, in order to bring itsprior year allocation back up to the target allocation point if itwas previously reduced pursuant to paragraph (5). (C) Third, if there are some total program funds remaining duringthe same federal fiscal year when the target allocation point for allagencies is reached, the remainder shall be allocated to each agencyin an amount that bears the same relationship to the total amount ofthe remainder as the number of persons living in households at orbelow the poverty level in each agency's respective service areabears to the total number of those persons living in the state, asreported in the most recent available decennial census. (5) Commencing with the 2007 federal fiscal year, if there is adecrease in total program funds in any fiscal year before the targetallocation point is reached, the reduction shall be allocated asfollows: (A) First, the reduction shall be subtracted proportionately fromthe prior years' allocation of each agency whose initial baseallocation was greater than two hundred fifty thousand dollars($250,000). (B) Second, no agency shall have its current year allocation fallbelow the current year allocation for any other agency when the otheragency's initial base allocation was less than the first agency'sallocation. If the reduction in total program funds is greater thancan be absorbed among the agencies whose initial base allocationswere greater than two hundred fifty thousand dollars ($250,000), thereductions shall also be applied proportionately among any otheragencies necessary to maintain this rule. (C) Until the target allocation point is reached for all agencies,an agency that is not an uncapped program shall not have its currentyear allocation fall below one hundred seventy-three thousand fivehundred fifty-six dollars ($173,556). At the discretion of thedirector, federal Community Services Block Grant discretionary fundsmay be used for this purpose. (6) If a new decennial census is reported before the targetallocation point is achieved, the director shall first adjust therelative allocation among each of those agencies whose initial baseallocation was equal to the amount it received from the 2005 federalCommunity Services Block Grant award by the percentage difference ofthe number of persons living in households at or below the povertylevel in each agency's respective service area as compared to thenumber of those persons reported in previous decennial census, exceptthat an agency that is not an uncapped program shall not have theadjustment pursuant to this paragraph reduce its current yearallocation below the current year allocations of the lowest fundedagencies pursuant to subparagraph (A) of paragraph (4). Allallocations made pursuant to paragraphs (4) and (5) shall take thiscensus-based adjustment into account. (e) (1) Commencing with the first federal fiscal year after thetarget allocation point is reached, increases and decreases in totalprogram funds for each federal fiscal year shall be proportionatelyallocated among all agencies relative to the prior year's allocation. (2) When each decennial census is reported, allocations madepursuant to this subdivision shall also be adjusted by the percentagedifference of the number of persons living in households at or belowthe poverty level in each agency's respective service area ascompared to the number of these persons reported in the previousdecennial census, except that an agency that is not an uncappedagency shall not have the adjustment pursuant to this subdivisionreduce its current year allocation below two hundred fifty thousanddollars ($250,000). (f) It is the intent of the Legislature that the allocationformula specified in this section not be used as a formula for otherfunding distributions.12760.  Community action agencies funded under this article shallcoordinate their plans and activities with other eligible entitiesfunded under Articles 7 (commencing with Section 12765) and 8(commencing with Section 12770) that serve any part of theircommunities, so that funds are not used to duplicate particularservices to the same beneficiaries and plans and policies affectingall grantees under this chapter are shaped, to the extent possible,so as to be equitable and beneficial to all community agencies andthe populations they serve.12761.  A community action agency or eligible entity shall not useany funds received under this article to replace discontinued stateor local funding.12763.  Consistent with Section 1090, no Member of the Legislature,or any state, county, district, judicial district, or city officer oremployee who also serves on a tripartite board shall vote on acontract or other matter before a tripartite board, that would have adirect bearing on services to be provided by that member, officer,or employee, or any business or organization which that member,officer, or employee directly represents or that would financiallybenefit that member, officer, or employee, or the business ororganization that the member, officer, or employee directlyrepresents.