# Title 54 — State Government

## Chapter 54-44.5 — Division of Community Services

### § 54-44.5-01. Definitions.

In this chapter, unless the context or subject matter otherwise requires:
1. "Community action agency" means a not-for-profit corporation that has authority under
its charter and bylaws to receive funds to administer community action programs and
which was officially designated as a community action agency or a community action
program under section 210 of the Economic Opportunity Act of 1964 [Pub. L. 88-452;
78 Stat. 508; 42 U.S.C. 2701 et seq.] or any federal law concerning a block grant
program or other appropriate federal funding of social or community services, unless
the community action agency or a community action program lost its designation as a
result of failure to comply with the provisions of federal law.
2. "Community action program" means a community-based and operated program that
includes an intake assessment and referral capability in each of its counties and is
designed to include a number of projects or components to provide a range of services
and activities having a measurable and potentially major impact on causes and
conditions of poverty in the community or those areas of the community where poverty
is a particularly acute problem. These services and activities may include activities
designed to provide opportunities for eligible persons to:
a. Secure and retain meaningful employment;
b. Attain an adequate education;
c. Make better use of available income;
d. Obtain and maintain adequate housing and suitable living environment;
e. Obtain emergency assistance through grants and loans to meet immediate and
urgent individual and family needs, including the need for health services,
nutritious food, housing, and employment-related assistance;
f. Maximize the role community action agencies play in supportive mechanisms
available to North Dakota families;
g. Remove obstacles and solve problems that block achievement of self-sufficiency;
h. Achieve greater participation in the affairs of the community;
i. Make more effective use of other programs; and
j. Engage in activities eligible for federal funding, including funding through a block
grant for social or community services.
3. "Department" means the department of commerce.
4. "Director" means the director of the division.
5. "Division" means the department division of community services.
### § 54-44.5-02. Division of community services - Creation.

The division of community services is established in the department to provide technical
assistance to local governments, state agencies, and the executive branch in the area of
community and rural planning and development, policy research and development, and grant
program implementation. The commissioner shall appoint a director of the division upon the
basis of education and experience. The position of director is not a classified position and the
director shall serve at the pleasure of the commissioner. The director of the division may employ
such other professional, technical, and clerical persons as may be necessary and may fix their
compensation within the limits of legislative appropriation. All personnel within the division must
be allowed their actual and necessary travel expenses at the same rate as for other employees
of the state.
### § 54-44.5-03. Powers and duties of the director.

The director shall direct and supervise, with the approval of the commissioner, all the
administrative and technical activities of the division.

### § 54-44.5-04. Division of community services - Powers and duties.

The division of community services shall:
1. Provide relevant information on pertinent topics and issues which relate to public
policy development, interpretation, modification, and implementation.
2. Develop state energy conservation policy and manage federal energy conservation
program activities between all levels of the public and private sectors regarding the
prudent and efficient use of energy resources.
3. Develop, implement, and administer federal categorical and block grant programs
assigned to the division.
4. Advise, coordinate, and assist cities, political subdivisions, and the state in all phases
of state and local planning for the physical development of the state.
5. Render financial assistance to any government planning agency within federal law or
regulation.
6. Advise, consult, coordinate, assist, and contract with or on behalf of the various
planning agencies in developing and harmonizing planning activities of the state.
7. Implement a state facility energy improvement program.
### § 54-44.5-05. Continuing appropriation.

There is hereby appropriated as a standing and continuing appropriation to the department
for the purpose of carrying out the provisions of this chapter, including the administration of such
provisions, all moneys returned as repayments of federal or other funds granted under the
community development loan fund, and all earnings from the investment of such moneys, which
may be received from time to time by the division. Administrative expenses may only be
charged against such moneys to the extent permitted by federal law or regulations.
### § 54-44.5-05.1. Energy conservation grant fund - Continuing appropriation.

The energy conservation grant fund is a special fund in the state treasury. All funds in the
energy conservation grant fund are appropriated to the department on a continuing basis for the
purpose of providing grants to political subdivisions for energy conservation projects in
nonfederal public buildings. The department shall develop guidelines to qualify for a grant under
this section which must include a requirement that projects have a combined payback period of
ten years or less, a matching requirement of one dollar of matching funds for every dollar of
grant funds, and a maximum grant amount of one hundred thousand dollars. Interest earned by
the fund must be credited to the fund.
### § 54-44.5-06. Community action agency board of directors - Qualifications - Powers -

Duties.
Each community action agency must have a board of directors, as provided by the bylaws
of the corporation, that is consistent with federal law concerning community action agencies that
are eligible to receive federal funding through a block grant or other appropriate federal sources
for social or community services. The board shall determine personnel, fiscal, and program
policies and shall approve proposals of financial assistance and the disbursement of funds.
### § 54-44.5-07. Funding - Community action agency's share of funds - How determined.

1. If the Congress of the United States approves a block grant system to fund social or
community programs, the state may use, subject to legislative appropriation, the block
grant funds or in-kind services to provide a level of financial assistance for community
action agencies to carry out community action programs through the community
services block grants pursuant to the federal Community Services Block Grant Act
[Pub. L. 97-35; 95 Stat. 511; 42 U.S.C. 9903] or any other block grant or other federal
funding sources that may be appropriate.
2. The division shall distribute the federal community services block grant funds received
under the federal Community Services Block Grant Act [Pub. L. 97-35; 95 Stat. 511; 42
U.S.C. 9903] or any other block grant or other appropriate federal funding source and

shall allocate the funds as follows, unless a different amount is mandated by federal
law:
a. At least ninety percent must be allocated to community action agencies;
b. The greater of fifty-five thousand dollars or five percent may be allocated for state
administrative expenses; and
c. Not more than five percent may be allocated for state discretionary projects.
3. Each community action agency, in accordance with procedures established by the
division, is entitled to receive a portion of available federal Community Services Block
Grant Act [Pub. L. 97-35; 95 Stat. 511; 42 U.S.C. 9903] or any other block grant funds
or other appropriate federal funding source, if it is consistent with federal law, based on
that agency's poverty population relative to the state's total poverty population. The
division shall determine poverty levels using criteria established by the United States
office of management and budget.
4. Each community action agency is governed by procedures established by the division
as it relates to the community services block grant program.
### § 54-44.5-08. State facility energy improvement program.

By August fifteenth of each odd-numbered year, the office shall inform all state agencies
and institutions of the state facility energy improvement program. The office shall work with
interested agencies and institutions to identify potential state facility energy improvement
programs and select facilities for indepth energy audits designed to provide information on
project costs along with estimated energy savings from implementation of those projects. The
office shall notify affected utilities to discuss the potential impact on the utility and its customers
of the proposed energy savings or conservation project. Upon completion of the energy audit,
the office, in consultation with the interested agencies or institutions, shall submit a list of
proposed projects to the governor, accompanied with the estimated cost of each project and
energy savings resulting from the projects. The office shall submit a report listing the proposed
energy savings or conservation projects to the governor by September first of each
even-numbered year. The governor shall include the proposed energy efficiency or conservation
projects in the biennial budget. The governor shall make available to the legislative assembly a
report prepared by the office on each energy efficiency or conservation project, a description of
the improvements to be financed, the estimated cost of each project, the total cost of the
program, and the proposed method of financing the program. If the office proposes that
evidences of indebtedness be issued to finance the energy efficiency or conservation
improvements, the office shall provide an assurance that energy savings resulting from the
improvements will be sufficient to equal or exceed the annual debt service of the evidences of
indebtedness. In determining whether the energy savings will be sufficient to equal or exceed
the annual debt service, the office, in consultation with the interested agencies or institutions,
may analyze state agency utility data to identify potential projects; perform detailed energy
audits of state facilities, including contracting for audits if necessary; and provide training to
facility maintenance staff to ensure that sufficient cost-savings are realized from projects to
cover the debt service. The governor shall include in the executive budget recommendation for
each state agency or institution participating in the state facility energy improvement program an
estimate of the annual energy cost-savings expected for that agency, and, if needed, a
projection of the debt service on program bonds that is apportioned to that agency. The
executive budget recommendation must then reduce the current level of utility appropriations by
the amount needed for debt service retirement and recommend an appropriation of that amount
to the state building authority. Any appropriation of an amount needed for debt service
retirement to the state building authority is not subject to the limitation contained in section
54-17.2-23.
### § 54-44.5-09. Office of renewable energy and energy efficiency.

The office of renewable energy and energy efficiency is established within the division of
community services. The office shall assist in the development of renewable energy within this
state to provide secure, diverse, sustainable, and competitive renewable energy supplies and
promote the conservation of energy and the wise use of energy resources in both the public and

private sectors. The office shall communicate and disseminate information concerning state and
federal energy conservation and renewable energy incentives, including tax credits, financing
and grants to business entities seeking to invest in wind-generated power and transmission,
ethanol production and distribution, and the development of biodiesel, green diesel, biomass,
solar, hydropower, geothermal, and other renewable energy sources.
