The Texas Department of Housing and Community Affairs HOME Program Environmental Review Procedures HBA – Chapter 6
Why do we conduct an environmental review?
Federal Laws & Authorities National Environmental Policy Act of 1969 (NEPA) Related Federal Laws and Authorities using 24 CFR Part 58.5 Other requirements at 24 CFR Part 58.6
NEPA and other Federal Laws and Authorities Determine if proposed actions will have an impact on the environment Requires Federal Agencies to develop environmental regulations Public Notification, if required
Related Laws and Authorities 24 CFR 58.5 Historic Preservation Floodplains & Wetlands Water Quality/Air Quality Coastal Management Endangered Species/Wild & Scenic Rivers Farmlands Hazards Part 51/Environmental Justice
Other Requirements 24 CFR Part 58.6 Flood Insurance Coastal Barriers Runway Clear Zones
Units of General Local Government (UGLG) will be the Responsible Entity TDHCA will be the Responsible Entity for the Non-Profits and For-Profits Organizations (NON-UGLG)
REQUIREMENTS Project cost may not be incurred or set up before Environmental Clearance Five or more units less than 2,000 feet apart, must conduct an Environmental Assessment Level of Review
Terms and Definitions RE - Responsible Entity (organization) CO- Certifying Officer Activity- an action (HBA, new construction) UGLG- Unit of General Local Government NON-UGLG –Non-Profits; For-Profits ERR - Environmental Review Record
Terms and Definitions Categorical Exclusion NOT Subject to 58.5 – level of review EA- Environmental Assessment - level of review FONSI/NOI/RROF – A notice for 5 or more new construction less than 2,000 ft. apart
Steps of the Environmental Review
Steps of the Environmental Review Process 1. Determine Scope of the project 2. Determine Level of Review 3. Conduct Review-collect information 4. Publish/Post Notice, if required 5. Request Release of funds, if required 6. Authority to use Grant Funds, if required
Conducting the Review
General Requirements Use Qualified Data Sources (Appendix A-15) Do not leave blank spaces If you use NA, explain why and attach all supporting documentation.
Keep in Mind... Keep in Mind... Level of review is determined by number of units assisting and their distance apart
Level of Review 1.Categorically Excluded Not Subject to Environmental Assessment
Categorical Exclusion Not Subject to 24 CFR 58.5 Five or more units are more than 2,000 feet apart for closing costs or down payment assistance –new construction (with existing slabs) –Existing homes
Categorical Exclusion NOT Subject to 58.5 FOR UGLGs Project Description Compliance Documentation Checklist (Form 5.02) Determination of Exemption Certification submitted to TDHCA (Form 5.08) No public notice required Supporting documentation retained in Environmental Review Record TDHCA will notify of clearance
Categorical Exclusion NOT Subject to 58.5 FOR Non-UGLGs Project Description Compliance Documentation Checklist (Form 5.02) No public notice required Checklists and supporting documentation retained in Environmental Review Record and submitted to TDHCA TDHCA will notify of clearance
Environmental Assessment Activity Five or more units that are less than 2,000 feet apart New construction (raw land)
Environmental Assessment UGLGs Format II (Form 5.07) Site Specific Statutory Checklist (Form 5.4) for each home Publish 1 Day /Post 18 days FONSI/NOI/RROF (Form 5.13) –Comment period 15/18 days Originals of tear-sheet/posting and affidavit, RROF Form ) and submit to TDHCA TDHCA 15 day comment period Authority to Use Grant Funds (Form ) issued by TDHCA Environmental Review Record
Environmental Assessment Non-UGLGs Format II (Form 5.07) Site Specific Statutory Checklist (Form 5.4) for each home Provide to TDHCA for approval to proceed Publish 1 day/Post 19 days FONSI/NOI/RROF (Form 5.14) –Comment period 15/18 days Originals of tear-sheet/posting and affidavit, RROF (Form ) and submit to TDHCA TDHCA overnights to HUD for 15 day comment period Authority to Use Grant Funds issued by HUD (Form ) Environmental Review Record