2017 C OMMISSIONER S ID M ILLER DRs Goal and Requirements - PDF document

3/9/2017 C OMMISSIONER S ID M ILLER TxCDBG Disaster Relief Fund PROGRAM YEAR (PY) 2017 C OMMISSIONER S ID M ILLER DR’s Goal and Requirements • Addresses HUD’s “Urgent Need” National Program Objective. • Applicants must demonstrate lack of local financial capacity to handle the situation on their own. • Only repair/replacement of existing facilities is eligible (except in Drought). C OMMISSIONER S ID M ILLER Eligibility • Federal Declarations – TxCDBG provides the county or city’s source of funds for the FEMA required 25% match. • State Declarations – TxCDBG is the only source of disaster relief assistance for eligible counties & cities. 1

3/9/2017 C OMMISSIONER S ID M ILLER Application Deadline • First come/first served when DR funds available. • Funds are available as needed until funds are depleted during a program year. • At this time, the earliest that a DR application can be submitted is March 31, 2017. • Applications submitted prior to March 31 will be considered received March 31. C OMMISSIONER S ID M ILLER Tie-Breaker If needed in the ranking of applications based on available funds, a tie between multiple applications shall be broken as follows: 1. percentage of low- to moderate-income beneficiaries , with a higher percentage LMI ranking higher, 2. (if needed) applicant’s poverty rate, with the highest poverty rate ranking higher, 3. (if needed) applicant’s annual unemployment rate , with the highest annual unemployment rate ranking higher . C OMMISSIONER S ID M ILLER Complete Applications only • All application forms, fully completed; • A passed/adopted Local Government Resolution authorizing submission of the application; • A complete TDEM Preliminary Damage Assessment and/or FEMA Project Worksheet, signed by all appropriate parties or authorized representatives of the issuing agency and the applicant locality; • Evidence of compliance with the TxCDBG Citizen Participation Plan including the Public Hearing Notice; • Most recent Annual Audit • Current SAM.gov registration • See the checklist on page 32 of Application Guide. 2

3/9/2017 C OMMISSIONER S ID M ILLER Eligible Applicants • Non-entitlement cities - populations less than 50,000 thousand persons; – Cities that are not designated as a central city of a metropolitan statistical area; or – Cities that are not participating in urban county programs. • Non-entitlement counties generally have fewer than 200,000 persons in the non-entitlement cities and unincorporated areas located in the county. C OMMISSIONER S ID M ILLER Beneficiary Identification Methods • Low-and-Moderate Income Summary Data • TxCDBG Survey – Types: • Census • Simple Random Sample C OMMISSIONER S ID M ILLER Number and Types of Applications An eligible locality can submit one application per disaster declaration. 3

3/9/2017 C OMMISSIONER S ID M ILLER TxCDBG Eligible Activities • See Page 5 of 53 in the 2017 DR Application Guide for eligible and ineligible activities. • Section 105(a) of the federal Housing and Community Development Act of 1974. Activities eligible under the Disaster Relief and Urgent Need Funds are the same as those under the TxCDBG program. (Generally no new infrastructure, except as dictated under a drought disaster). C OMMISSIONER S ID M ILLER Ineligible Activities • Construction of public facilities that did not exist prior to the disaster • Work that is already completed • Short-term solution to a problem • Reimbursement of manpower costs expended with early temporary repairs. • Funds are funds of last resort. • See Page 5 of 53 in the 2017 DR Application Guide for eligible and ineligible activities. C OMMISSIONER S ID M ILLER Pre-agreement • Must be submitted in writing and receives prior approval from TxCDBG. • Only costs incurred after passage of the governing body resolution authorizing the preparation and submission of the DR application may be requested under the pre- agreement strategy. 4

3/9/2017 C OMMISSIONER S ID M ILLER Evidence of disaster-related damage • Applicant must contact TDEM/FEMA • TDA will coordinate with TDEM/FEMA. • The documentation (worksheets) must be completed /signed by all parties according to the agency’s formal (written) policies. • If the applicant has requested but is unable to obtain such documentation from FEMA or TDEM, the applicant must request authorization to seek damage confirmation and cost estimate information from a qualified, third party entity. This documentation will not be accepted with an application unless prior written approval was obtained from TDA. C OMMISSIONER S ID M ILLER Drought Disaster • A Governor’s Proclamation of Drought Disaster • TCEQ posting that the water system has 180 days or less water supply • An engineer certified Table 2 from an engineer or engineering firm that will not be associated with the design or construction of the proposed project C OMMISSIONER S ID M ILLER Environmental Review Requirements “Exempt” level of environmental review (per 24 CFR 58.34) must still receive an abbreviated environmental review and clearance. Exempt include: – Administrative and management activities; – Engineering or design costs; – Permanent improvements that do not alter environmental conditions and are limited to protection, repair, or restoration activities necessary only to control or arrest the effects from disasters or imminent threats to public safety including those resulting from physical deterioration. 5

3/9/2017 C OMMISSIONER S ID M ILLER Exempt Continued… Category of exempt review activities must include documentation of the imminent threat to public safety, and may not be used for: • projects that are located in a known critical habitat for endangered species, an historic property, or a known hazardous site; • projects that alter a building’s footprint, enlarge or relocate a facility, or change the use of a facility; or • projects that include improvements to structures which are located in a floodplain. The term “structures” does not include roads or underground utilities. C OMMISSIONER S ID M ILLER If not Exempt, then… • Projects that will be reviewed under Categorically Excluded Subject to 58.5 or Environmental Assessment requirements must not begin any work or obligate funds for the project prior to receiving environmental clearance through TDA. C OMMISSIONER S ID M ILLER Basic Application Components See and Use Application Checklist Provided. • Carefully read the list of required attachments and application forms located in the Application Guide. • Check off (initial) each completed item. • Minimize the likelihood of serious deficiencies or disqualification. 6

3/9/2017 C OMMISSIONER S ID M ILLER Application Components Often Forgotten… See checklist : • Published hearing notice or Publisher’s Affidavit w/copy of notice • Published notice of application activities & availability for public review or Publisher’s Affidavit and copy of notice • Listing of the local service providers that were sent the written notification of the public hearing • Project Map documenting the Benefit area • Census Maps for documenting the Benefit area when using Census data to qualify for LMI • FEMA Floodplain Map • Documentation supporting Low ‐ to ‐ Moderate Income beneficiaries • Evidence of active SAM Registration • Most recent Annual Audit • A303 Exemption Determination ‐ Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR Part 58.34(a) and 58.35(b) • Pre ‐ Agreement Request letter (if applicable) • FEMA Project Worksheets with signatures • TDEM Preliminary Damage Assessment (PDA) Worksheet • Disaster Summary Outline (DSO) • Copy of Governor’s Proclamation or Presidential Declaration • Application Review Checklist C OMMISSIONER S ID M ILLER Texas Department Agriculture Trade and Business Development Division Office of Rural Affairs 1700 N. Congress Avenue Suite 220 Austin, Texas 78701 P.O. Box 12847 Austin, Texas 78711 Phone: 512-936-6701 www.texasagricultue.gov joe.midura@texasagriculture.gov (512) 936-7880 7