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2012 DCA CHIP Applicants’ Workshop Community HOME Investment Program (CHIP) HOMEOWNER REHABILITATION FEDERAL COMPLIANCE
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Page 2 2012 CHIP Applicants’ WorkshopCHIP Applicants’ Workshop Compliance Agenda Rehabilitation - Reconstruction Environmental Review Requirements Fair Housing and Equal Opportunity Accessibility - Visitability
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Page 3 2012 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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Page 4 2012 CHIP Applicants’ Workshop Environmental Review Requirements Tier 1 State Recipient ▪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 Sub-Recipients ▪DCA complete Statutory Checklist DCA publish in newspaper DCA charge sub- recipient for cost of publishing DCA request ROF DCA issue Authority to Grant Funds after HUD clearance
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Page 5 2012 CHIP Applicants’ Workshop 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 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 Proceed
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Page 6 2012 CHIP Applicants’ Workshop Tier 1 Statutory Assessment Site Specific Environmental Screening Checklist
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Page 7 2012 CHIP Applicants’ Workshop2011 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 ___ Appraisal___Builder’s Deed ___ Historic Survey Data___ 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. Yes No 1. Floodplain Management. a. Is the site located within the 100-Year Flood Plain?________ Reference: Executive Order 11988 – Floodplain Management and Water Resources Council Guidelines. 2. Does the project have the potential to affect or be affected by: ________ a. Wetlands Protection Reference: Executive Order 11990. Protection of Wetlands.
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Page 8 2012 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 by Toxic Chemicals and Radioactive Materials, September 10, 1979).
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Page 9 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. 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?________ 4. 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? Form prepared on behalf of Applicant by: Print NameSignature TitleDate FOR DCA USE ONLY Approved By: Print NameSignature TitleDate
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Page 10 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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Page 11 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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Page 12 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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Page 13 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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Page 14 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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Page 15 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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Page 16 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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Page 17 2012 CHIP Applicants’ Workshop Fair Housing and Equal Opportunity Ways to qualify for Section 3: Resident Business
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Page 18 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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Page 19 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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Page 20 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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Page 21 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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Page 22 2012 CHIP Applicants’ Workshop 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 Fair Housing and Equal Opportunity
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Page 23 2012 CHIP Applicants’ Workshop Accessibility – Visitability Accessibility ▪Mandated by Federal Law ▪New Construction ▪Reconstruction Visitability ▪Mandated by Georgia Law ▪New Construction ▪Reconstruction
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Page 24 2012 CHIP Applicants’ Workshop Accessibility – Visitability Accessibility ▪Zero step entry 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 –Breaker box –Light switch –thermostat Main breaker inside on first floor Visitability ▪Zero step entry Front, side or rear ▪All main floor doors with 32 inches of clear passage space Includes bathroom ▪At least a half-bath on main floor
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Page 25 2012 CHIP Applicants’ Workshop Compliance Requirements Questions? Tarolyn Moore (404) 679-5271 tarolyn.moore@dca.ga.gov
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