Request for Release of Funds/ Certification

Transcription

1 Request for Release of Funds/ Certification OMB No (exp. 07/31/2017) vironmental-review/ Learning Goals 1. Overview of the RROF 2. Understand the terms 3. Learn the RROF and public notice requirements for each level of review 4. Special circumstances 5. Acronyms

2 RROF, Form Completed by Responsible Entity Certifies that the ER complies with NEPA and Part 58 and Certifying officer consents to and assumes the status of the Federal official under NEPA and Part CFR RROF/EC Includes a public notice Lets the public know A federally funded project is proposed Announces the environmental findings and Allows the public a voice in the ER process 24 C.F.R , 58.45, Subpart H 4

3 RROF Form HOME, CDBG, CoC. RE contact, include HUD, CPD, 1 Sansome St., Suite 1200, San Francisco Block 4. OMB Catalog Number(s): CFDA No , CDBG CDFA No , HOME CFDA No , Supportive Housing Program CFDA No , Self-Help Homeownership Opportunity Program (SHOP)

4 RROF Form B-01-UC-42-XXXX Optional RROF Form Teagarden Apartments and/or if no address APN #s Bordered by Shell Ave to the north, Smith St. to the east, Church St. to the south

5 RROF Form project description Describe the activities. For example: Rehabilitation activities include roof replacement, install new floors, replace plumbing, remodel complete kitchen, replace kitchen cabinets. Estimated CDBG: $ RROF Form project description New construction of a 3 story, 30 unit affordable housing structure on a.33 acre parcel. Retail and office spaces will be located on the ground floor. The building includes 15 one-bedroom units, 14-two bedroom units, 1 two-bedroom manager s unit, community room, laundry rooms on

6 RROF Form project description each floor, access to computer room, outdoor landscaping with BBQ areas, tot lots, and a parking lot with 25 covered spaces with solar on top. Secured storage for 50 bicycles and two dedicated car share spaces. Total estimated project cost: $ Estimated HOME: $ CDBG: $ s/california/working/cpd/cae

7 Definitions - Responsible Entity The unit of general local government (UGLG) that is the recipient of the HUD grant - signs the grant agreement with HUD Non-profit/PHA recipient UGLG with land use responsibilities where the project is located. 24 C.F.R. 58.2(7), 58.4, Certifying Officer 14

8 Certifying Officer HCD Act, Sec. 104(g), HOME I. P. Act, Sec. 288 U.S. Housing Act, Title I, Section 26 Is the Chief Executive Officer of the jurisdiction (or his/her official designee with written delegation of authority) Accepts the jurisdiction of the Federal Courts for the responsible entity in environmental matters C.F.R. 58.2(a)(2) & Certifying Officer Certifying officer is the responsible Federal official Responsible for all the requirements of NEPA, Part 58, and related laws and authorities Represent the RE and be subject to the jurisdiction of the federal courts 24 CFR

9 Recipient Responsibilities - RROF/EC Recipient agrees to abide by conditions and requirements of the environmental review. Recipient agrees to advise the RE of any changes in the scope of project or in project s environmental conditions Levels of Environmental Review Environmental Impact Statement Environmental Assessment Categorically Excluded AND Subject to Related Laws and Authorities Exempt Categorically Excluded NOT Subject to Related Laws and Authorities OR OR OR

10 Exempt per 24 C.F.R Categorically Excluded NOT Subject to 58.5 per 58.35(b) Must document ERR by completing CENST format Do NOT submit RROF to HUD NO public notice requirements 19 Categorically Excluded AND Subject to Related Laws and Authorities 58.35(a) (CEST) Complete CEST format Converts to Exempt Do NOT submit RROF to HUD NO public notice requirements Proceed to drawdown fund for the project 24 C.F.R (a)(12) 20

11 CEST - Does not convert to exempt Publish / post the NOI/RROF Hold the 7/10 day comment period ends 24 CFR &

12 CEST - Does not convert to exempt Tiered Review Send RROF to HUD/State using form Include, Cover letter Affidavit of publication from newspaper or picture of posting & Copy of the notice & Statement of distribution/copy of mailing labels 24

13 CEST - Does not convert to exempt Include cover letter stating whether comments were received & RE s response Receive the Authority to Use Grant Funds ( ) from HUD Implement the project 25

14 Environmental Assessment (EA) Publish or post/disseminate FONSI/NOIRROF (combined notice) Provide 15/18-day or 30-day comment period for exceptional circumstances Resolve and respond to comments received 24 C.F.R , 58.45, Exceptional Circumstances (a) There is a considerable interest or controversy concerning the project; (b)the proposed project is similar to other projects that normally require the preparation of an EIS; or (c) The project is unique and without precedent.

15 EA Submit RROF/C ( ) to HUD with Affidavit of publication/proof of posting Cover letter stating whether comments were received and the RE s response Statement of distribution/copy of mailing labels HUD holds 15 day objection period 29 Environmental Impact Statement (EIS) Publish or post/disseminate FONSI/NOIRROF (combined notice) Provide 30-day comment period Resolve and respond comments received to 30

16 EIS Submit RROF/EC ( ) to HUD with Affidavit of publication/proof of posting Cover letter stating whether comments were received and the RE s response Statement of distribution/copy of mailing labels HUD holds 15 day objection period 31 Permissible Bases for Objections a) Not signed by RE s Certifying Officer b) Findings/determinations not made c) Omitted steps in preparation/ publication /dissemination of EA/EIS 24 C.F.R

17 Permissible Bases for Objections d) Committed/incurred costs before receiving AUGF or before completing environmental review e) Another Federal agency submits written finding that project is unsatisfactory. 24 C.F.R

18 Special Circumstances Domestic Violence Shelters All environmental notices published, posted, mailed, in public meetings are not to disclose the street address or the services provided by the facility. CPD Notice Apr. 21, 2008 McKinney-Vento Homeless Assistance Act, 426(c)(5), 415(c)(5); 24 C.F.R (h), 24 C.F.R (c)(7)

19 Multiple Funding Sources Single RE s using CDBG and HOME to support the same project EA should be combined FONSI OR NOI/RROF should note all funding sources RROF s may be combined in Region IX 37 Multiple Recipient Projects Multiple REs/Federal agencies The funders may enter into agreement, Lead Agency / Cooperating Agencies Lead Agency prepares EA Other RE s review, sign and use the EA Each RE must have a complete ERR 24 C.F.R , 40 C.F.R

20 Multiple Recipient Projects, cont. Publish joint or separate FONSI Publish joint or separate NOI/RROF Submit separate RROFs 39 Emergency Situations 24 C.F.R Three levels of review: EIS EA Exempt 40

21 Emergency Projects EIS Level (a) It is unlikely that any HUD funded activity would fall into this category - if it does - Follow CEQ rules at 40 CFR CFR1500_1508.pdf 41 Emergency Projects EA Level (b) Presidentially or locally declared disaster Complete EA Publish/disseminate combined FONSI/NOI/RROF at same time as submission of RROF 42

22 Emergency Projects Exempt 58.34(a)(10) Improvements which do not alter environmental conditions Limited to protection, repair or restoration activities only to control effects from disasters or stop imminent threats to public safety 43 Do not alter, control effects 44

23 Recurring Deficiencies - RROF RROF Not signed by RE s Certifying Officer Incorrect RE Missing cover letter stating whether comments were received and if so describe RE s response Development agreement signed before submission of RROF 45 Recurring Deficiencies - Publication Publication The publication does not include all the information required. Incomplete project description RE/HUD address is incorrect Notice is not sent to Federal Agencies SHPO, FEMA, EPA, or other interested parties local organizations 46

24 Project Description example Construction of 36 unit MF affordable housing at 123 Church St, San Carlos, CA, Two 2-bedroom and 34 3-bedroom units in one two-story building over a 57 space podium garage on a 2 acre parcel, Estimated total cost $17,000,000, HOME funds for construction, CDBGR for demolition, remediation, infrastructure, Resources Formats and what form to use for a particular project: tal-review/ or states/california/working/cpd/cae (tiered review formats and public notice)

25 ACRONYMS AUGF Authority to Use Grant Funds CO certifying officer CEST Categorically Excluded Subject to 58.5 CENST Categorically Excluded Not Subject to 58.5 FONSI Finding of No Significant Impact FSI Finding of Significant Impact ACRONYMS NOIRROF Notice of Intent to RROF OEE Office of Environment and Energy RE responsible entity RROF Request for Release of Funds, HUD Form UGLG unit of general local government