Transcript 2010 Applicants Workshop CDBG Compliance

Community HOME Investment
Program
(CHIP)
HOMEOWNER REHABILITATION
FEDERAL COMPLIANCE
2012 DCA CHIP Applicants’ Workshop
Compliance Agenda
Rehabilitation - Reconstruction
• Environmental Review Requirements
• Fair Housing and Equal Opportunity
• Accessibility - Visitability
2012 CHIP Applicants’ Workshop
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CHIP Applicants’ Workshop
Environmental Review Requirements
• Obligation of Recipients:
▪ Comply with environmental and historic
preservation laws
▪ Assess and evaluate environmental effects
▪ Minimize and mitigate any adverse effects
▪ Public Notification
▪ Do not obligate funds until release of funds
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2012 CHIP Applicants’ Workshop
Environmental Review Requirements
Tier 1
• State Recipient
• Sub-Recipients
▪ Complete Statutory Checklist
▪ DCA complete Statutory
Checklist
• Provide detailed
information
• Publish in newspaper
• Submit to DCA – Day 16
– Signed Checklist
– Proof of Publication
– Request ROF
• Receive Authority to Grant
Funds
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• DCA publish in
newspaper
• DCA charge subrecipient for cost of
publishing
• DCA request ROF
• DCA issue Authority to
Grant Funds after HUD
clearance
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Environmental Review Requirements
Tier 2
• State Recipients
▪ Submit Site Specific
Environmental Screening
Checklist
• Signed by Authorizing
Official
– Mayor
– Chairman
– CEO/Executive
Director(non-profits)
▪ Submit all supporting
documentation
▪ DCA verify clearance
▪ DCA issue Notice to
Proceed
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• Sub-Recipients
▪ Submit Environmental
Screening Checklist
▪ Submit supporting
documentation
• Floodplain/Wetland
Maps
• Noise Study
• SHPO clearance
▪ DCA complete Site
Specific Environmental
Screening Checklist
▪ DCA perform clearance
▪ DCA issue Notice to
2012 CHIP Applicants’ Workshop
Proceed
Tier 1 Statutory Assessment
Site Specific Environmental Screening
Checklist
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2012 CHIP Applicants’ Workshop
GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS
Community HOME Investment Program
Environmental Screening Checklist
A separate checklist must be completed for each development site and submitted in the Application.
Applicant Name: ___________________________________________
Project Address: ___________________________________________
Type of Activity: ___New Construction ___ Reconstruction __ Rehabilitation
Part I: Historic Preservation (Complete only if existing building is on site)
1.
What year was the house originally constructed?
2. What source data was used to determine year of construction?
___Tax Record
___ Historic Survey Data
___ Appraisal
___Builder’s Deed
___ Sanborn Fire Insurance Map
3. Is unit feasible for rehabilitation? ____Yes _____ No
4. If the house is 50 years or older, which of the following apply?
 Categorically Exempt
 Historic Preservation Professional made one of the following determinations:
_____Not Historic (contributing or individual) _____No Affect
_____No Adverse Affect
_____Adverse Affect
5. If Adverse Affect is selected above, has local Historic Preservation Professional approved the Standard
Mitigation Process?
______Yes _______No
Part II: Other Environmental Factors
If Yes is answered, use additional pages to explain any mitigation to be taken.
1.
2.
Floodplain Management.
a. Is the site located within the 100-Year Flood Plain?
Reference: Executive Order 11988 – Floodplain Management and
Water Resources Council Guidelines.
Does the project have the potential to affect or be affected by:
a. Wetlands Protection
Reference:
11990. Protection of Wetlands.
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2012 CHIP Executive
Applicants’ Order
Workshop
Yes
No
____
____
____
____
2011 CHIP Applicants’ Workshop
Single Family Housing Development
Program
b. Coastal Areas Protection and Management
References: (1) Coastal Zone Management Act of 1972 as Amended
(16 U.S.C. 1451-1464)
(2) Coastal Barrier Resources Act of 1982 (16 U.S.C. 3501+).
(3) Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3501).
____
____
c. Runway Clear Zones and Accident Potential Zones
Reference: 24 CFR Part 51
____
____
d. Endangered Species
Reference: Endangered Species Act of 1973 as Amended (16 U.S.C. 1531-1543).
____
____
e. Solid Waste Management
Reference: Solid Waste Disposal Act as Amended by the Resource Conservation
and Recovery Act of 1976 (42 U.S.C. 6901-6987) and U.S. Environmental
Protection Agency (EPA) Implementing Regulations 40 CFR Parts 240-265).
____
____
f. Farmland Protection
Reference: (1) Farmland Protection Policy Act of 1981 (7 U.S.C. 4201+), particularly
sections 1540(b) and 1541 (7 U.S.C. 4201(b) and 4202)
(2) Farmland Protection Policy (Department of Agriculture – 7 CFR part 658).
____
____
g. Sole Source Aquifers
Reference: (1) Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300(f) et seq., and 21
U.S.C. 349) as amended; particularly section 1424(e) (42 U.S.C. 300h03(e))
(2) Sole Source Aquifers (EPA – 40 CFR part 149).
____
____
h. Wild and Scenic Rivers
Reference: The Wild & Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) as amended,
particularly section 7(b) and (c) (16 U.S.C. 1278(b) and (c)).
____
____
i. Air Quality.
Reference: (1) The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended; particularly
section 176(c) and (d) (42 U.S.C. 7506 (c) and (d))
(2) Determining Conformity of Federal Actions to State or Federal Implementation Plans
(EPA – 40 CFR parts 6, 51, and 93).
____
____
j. HUD Environmental Standards
Reference: Applicable criteria and standards specified in HUD environmental regulations
(24 CFR part 51) (other than the runway clear zone and clear zone notification
requirement in 24 CFR 51.303(a)(3)) and HUD Notice 79-33, Policy Guidance to address
the Problems
Posed Workshop
by Toxic Chemicals and Radioactive Materials, Page
September
10, 1979).
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2012
CHIP Applicants’
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2012 CHIP Applicants’ Workshop
Single Family Housing Development
Program
k. Environmental Justice.
Reference: Executive Order 12898 – Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations, February 11, 1994 (59 CFR 7629),
3 CFR, 1994 Comp. P. 859.
3.
4.
Noise
Reference: HUD Regulations (24 CFR Part 51. Subpart B)
a. Is the site within 1,000 feet of a major road, highway, or freeway?
b. Is the project within 3,000 feet of a railroad?
c. Is the project within 15 miles of a military airfield?
d. Is the project within 5 miles of a civil airport?
Thermal and Explosive Hazards
Reference: 24 CFR § 51.200
a. Is the site in an area where fuels, hazardous gases or flammable
chemicals are stored?
____
____
____
____
____
____
____
____
____
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____
____
Form prepared on behalf of Applicant by:
Print Name
Title
Signature
Date
FOR DCA USE ONLY
Approved By:
Print Name
Title
Signature
Date
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2012 CHIP Applicants’ Workshop
Fair Housing and Equal Opportunity
• Applicable Civil Rights Laws and
Regulations
▪ Section 109 of the Housing and Community
Development Act of 1974
▪ Section 504 and the Americans with
Disabilities Act (ADA)
▪ Affirmative Marketing
▪ Ethnic and Racial Reporting Requirements
▪ Section 3
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2012 CHIP Applicants’ Workshop
Fair Housing & Equal Opportunity
• Section 109
The right of all in this country to inherit,
purchase, lease, sell, hold and convey real and
personal property without regard to:
Race
Sex
Color
Disability
Religion
Familial Status
Or
National Origin
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2012 CHIP Applicants’ Workshop
Fair Housing and Equal Opportunity
ADA and Section 504
• Ensures non-discrimination based on disability
▪ Accessible locations include:
•
•
•
•
Housing
Public Hearing locations
Application Intake
Public Information
– TDD
– Georgia relay service
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2012 CHIP Applicants’ Workshop
Fair Housing and Equal Opportunity
Affirmative Marketing
• Affirmatively Further Fair Housing
▪ Market to Appropriate Target Population
• Advertise
– Newspapers
– Television
– Town Hall Meetings
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2012 CHIP Applicants’ Workshop
Fair Housing and Equal Opportunity
Minority Business Enterprises (MBE/WBE)
• Make business opportunities available:
▪ Minority
▪ Women
• Required to report activity
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2012 CHIP Applicants’ Workshop
Fair Housing and Equal Opportunity
What is Section 3?
• Provision of the Housing and Urban Development Act of
1968
• Helps foster local economic development, neighborhood
economic improvement, and individual self-sufficiency
• Requires recipients of certain HUD financial assistance
to provide job training, employment and contracting
opportunities for low or very low income residents in
connection with projects and activities in their
neighborhood.
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2012 CHIP Applicants’ Workshop
Fair Housing and Equal Opportunity
Section 3 Applicability:
▪ $200K Threshold for Recipient Grant Award
▪ $100K Threshold for Construction Contracts
▪ Housing rehabilitation
(including lead-based paint abatement)
▪ Housing construction
▪ Other public construction
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2012 CHIP Applicants’ Workshop
Fair Housing and Equal Opportunity
Ways to qualify for Section 3:
• Resident
• Business
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2012 CHIP Applicants’ Workshop
Fair Housing and Equal Opportunity
Who are Section Residents?
• Residents of the non-metro county where the HUD-assisted
project is located and who have a household income that
falls below HUD’s income limits.
• Public housing resident
• Section 8 resident
▪ Determining Income Levels
• Section 3 low income is defined as 80% or below the
median income of that area (CDBG low to moderate
income standard).
• Section 3 very low income is defined as 50% or below the
median income of that area (CDBG low income standard).
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2012 CHIP Applicants’ Workshop
Fair Housing and Equal Opportunity
What is a Section 3 Business?
• 51% or more owned by Section 3 residents
• Section 3 residents make up 30% of its full-time
permanent staff
• Provide evidence of a commitment to subcontract more
than 25% of the dollar award of all subcontracts to
businesses that qualify as a Section 3 business
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2012 CHIP Applicants’ Workshop
Fair Housing and Equal Opportunity
Ways to Implement Section 3
▪ Contact resident councils, resident managers or
other resident organizations to request
assistance in notifying residents of jobs
▪ First-source hiring agreements
▪ Sponsor job informational meetings
▪ Partnership with Department of Labor
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2012 CHIP Applicants’ Workshop
Fair Housing and Equal Opportunity
Ways to Implement Section 3
▪ Partnership with Local Technical College
▪ Conduct job interviews at the housing development or the
neighborhood service area of the project
▪ Use community-based organizations to recruit and screen
qualified persons
▪ Compile a list of all existing vocational training and
apprenticeship programs in the area.
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2012 CHIP Applicants’ Workshop
Fair Housing and Equal Opportunity
Remember:
• Discuss plans for complying with Section 3 in your 2012
Application
• Start early establishing systems and relationships
• DCA will work on “standard approaches” for recipients
• Section 3 Reporting – More to come
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2012 CHIP Applicants’ Workshop
Accessibility – Visitability
• Accessibility
▪ Mandated by Federal Law
▪ New Construction
▪ Reconstruction
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• Visitability
▪ Mandated by Georgia
Law
▪ New Construction
▪ Reconstruction
2012 CHIP Applicants’ Workshop
Accessibility – Visitability
•
•
Accessibility
▪ Zero step entry
Visitability
▪ Zero step entry
• Front, side or rear
▪
▪
• Front, side or rear
▪
36 inch door width
First Floor
• Interior door 32 inch
• Hallway width 36 inches
• Bathroom wall reinforced for grab
bars
• Electrical Plug at least 15 inched
above floor
• Electrical no higher than 48 inches
above floor
All main floor doors with 32 inches of
clear passage space
• Includes bathroom
▪
At least a half-bath on main floor
– Breaker box
– Light switch
– thermostat
• Main breaker inside on first floor
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2012 CHIP Applicants’ Workshop
Compliance Requirements
Questions?
Tarolyn Moore (404) 679-5271
[email protected]
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2012 CHIP Applicants’ Workshop