ENVIRONMENTAL REVIEW AUGUST 14, 2014 County of Santa Clara, Office - - PowerPoint PPT Presentation

CoC PROGRAM & ENVIRONMENTAL REVIEW AUGUST 14, 2014

County of Santa Clara, Office of Supportive Housing HomeBase

Agenda

 Overview of Requirements  How To Do an Environmental Review  Questions and Answers

Learning Objectives

 You should walk away from this class understanding:

 CoC environmental review requirements  Process through the County for being in CoC compliance

 You will probably not walk away with:

 Deeper understanding of related environmental laws  Deeper understanding of environmental assessments

and environmental impact statements

 Information on requirements for rehabilitation,

acquisition, new construction, or non-CoC projects

Overview of Requirements

What is an Environmental Review?

 An environmental review is an analysis of the

impact of a project on the surrounding environment and vice versa

 This ensures that HUD-funded projects provide

decent, safe, and sanitary housing

 MUST be conducted BEFORE funds are committed,

• bligated or expended

 Do NOT enter a lease before an environmental

review is complete

Has something changed under HEARTH?

 No, but…  HUD has given more clarity about leasing

programs requirements, and some of the CoC programs in Santa Clara County may not be compliant.

Environmental Review vs. HQS

 Environmental Review and Housing Quality

Standards (HQS) are both reviews required under the CoC program, but they are NOT the same

 HQS inspections can be done by someone other

than a local government and the standards are related to health and safety, not the environment

Environmental Review Process

1.

Define the project

2.

Determine the level of review

3.

Perform the environmental review

4.

Finalize review by getting County certification

5.

Once certified, expend project funds

6.

Post review considerations Through it all, maintain an Environmental Review Written Record.

A Environmental Review Record

 Describes all activities that are part of the project  Evaluates effects of project on human environment  Documents compliance with applicable authorities,

particularly 24 CFR 58.5 and 58.6.

 Records determinations and findings.  Contains verifiable source documents and relevant base

data as backup documentation It’s just a very specific record of all the information collected and reasons for determinations made.

Documentation in Environmental Review Record

Document how determinations were made, including but not limited to:

 Review form  Maps (including the location of the project)  Environmental reports  Other like documents

How To Do an Environmental Review

• 1. Define the project

 The “project” is all the activities you will

undertake there, whether or not CoC-funded.

 If your project includes multiple activities, do the

highest level of review.

 You need to figure out which category your

project fits into.

Define the project: CoC projects are categorized as…

 Exempt/CENST

 Tenant Based Rental

Assistance (TBRA)

 Supportive Services  Operations and

maintenance

 Administrative  HMIS only

 CEST Limited Scope

 Leasing  Project Based Rental

Assistance (PRBA)

 Sponsor Based Rental

Assistance (SBRA)

 Other

 Anything including

rehabilitation, acquisition, new construction

• 2. Level of Review:

Different Projects, Different Review

 Depending on the funding source and the type of

project (e.g. rehab, new construction, leasing), environmental reviews differ

 Today’s training focuses on CoC projects that are

NOT construction or rehab (If your project has construction or rehab, talk to Carlos. This training does not cover your needs.)

 CoC projects must do a Part 58 review (meaning

local government assumes HUD’s review responsibilities; in this case Santa Clara County)

Different Projects, Different Review: Exempt/CENST

 CoC Tenant-Based Rental Assistance/ Supportive

Services/ Operating Projects are categorically excluded by 24 CFR 50.19 & 24 CFR 58.35(b)

 CoC Administrative projects are exempt per 24 CFR

58.34(a)

 Must show compliance with:

 National Flood Insurance Program  Coastal Barrier Resources Act  Airport Runway Clear Zones

Different Projects, Different Review: Leasing/PBRA/SBRA

 CoC Leasing and Project/Sponsor-Based Rental

Assistance are also subject to 24 CFR 50.20 & 58.35(a)

 Must show compliance with….

Compliance for Leasing/PBRA/SBRA

 Airport Runway Clear Zones  Coastal Barrier Resources Act  National Flood Insurance

Program AND…

 Clean Air Act  Coastal Zone Management Act  Contamination and Toxic

Substances

 Endangered Species Act  Explosive and Flammable

Hazards

 Farmlands Protection Policy Act  E.O. 11988 on Floodplain

Management

 National Historic Preservation

Act

 Noise Abatement Regulation  Sole Source Aquifers  E. O. 11990 on Wetlands  Wild and Scenic Rivers Act  E.O. 12898 on Environmental

Justice

But the only ones that you need to work on are…

 Airport Runway Clear Zones  Coastal Barrier Resources Act*  National Flood Insurance

Program*

 Clean Air Act  Coastal Zone Management Act  Contamination and Toxic

Substances

 Endangered Species Act  Explosive and Flammable

Hazards

 Farmlands Protection Policy Act  E.O. 11988 on Floodplain

Management

 National Historic Preservation

Act

 Noise Abatement Regulation  Sole Source Aquifers  E. O. 11990 on Wetlands  Wild and Scenic Rivers Act  E.O. 12898 on Environmental

Justice

For Leasing/SBRA/PBRA

 If there are NO circumstances which require

compliance with any other Federal laws and authorities cited in 58.5, the review can convert to the lower level of review (indicated on the form)…

 Hopefully this is what happens most of the time!  If it doesn’t convert, extra public notice requirements

apply.

 Seek assistance from Carlos if that happens to you.

• 3. Perform the Environmental Review:

Step One

 Is there already an environmental review on file for this

building/site?

 Even if you are just leasing an apartment for a client,

the environmental review covers the whole apartment building.

 Environmental reviews last 5 years, so if another

client was in the building in the past 5 years and nothing has changed, you can rely on that review.

 If you have a signed review within the past 5 years

by the County or a City, you are probably okay.

• 3. Perform the Environmental Review:

Step One

 Check in your agency records, OR  Ask OSH via email to: Carlos.Sanchez@pln.sccgov.org

and Jennifer.Mercado@pln.sccgov.org with the subject line: “CoC Environmental Review Inquiry”

 If OSH has a complete and current review for the

project, we will send you a copy within 1 business day. If we do not, we will respond within 1 business day.

• 3. Perform the Environmental Review:

Step Two

 No environmental review already completed? Then

prepare a packet for Carlos to review.

 Each packet should include one of the standard

forms:

 CoC Environmental Review – Exempt/CENST

Use this for TBRA, Supportive Services, Operating, Admin, and HMIS

 CoC Environmental Review – Limited Scope CEST

Use this for Leasing, PBRA, SBRA

 Leasing/PBRA/SBRA projects will need additional

documents

CoC Environmental Review – Exempt/CENST

 Use this for TBRA, Supportive Services,

Operating, Admin, and HMIS projects.

 You only need the form.

http://www.sccgov.org/sites/oah/coc/environmental

CoC Environmental Review – Limited Scope CEST

 Use this for Leasing, PBRA, and SBRA projects.  In addition to the form, you will need to include

a few attachments.

http://www.sccgov.org/sites/oah/coc/environmental

Your Leasing/PBRA/SBRA Submission Should Include:

 Environmental Review Form – Limited Scope CEST  Contamination and Toxics Report  Flood Insurance Rate Map

 Identify your project on the map  If the unit is in a flood zone and is 5 or more units, you

must include proof of flood insurance (or you will have to go through a more extensive review process).

•  Leave the Environmental Justice section blank –

Carlos will do this part

Contamination and Toxics Report

 Envirofacts Toxics Report

http://www.epa.gov/envirofw/

 Set the map to 0.7 mile scale  Click the “Update facilities on map”  Click on the Toxics tab  After all that is done, print/PDF that page and mark

the building location on the map

 Print the Compliance Report for any facility that has

reported toxic releases (“View Report” will show in the TRI or TSCA column)

Flood Insurance Rate Map (FIRM) for Floodplain Management

 Flood Insurance Rate Map (FIRM)

https://msc.fema.gov/portal

 Enter and submit the address  Click the “View” icon  Click “Make a FIRMette”  Drag the pink box over the section of the map that

contains your property

 Click “Adobe PDF”  Click “Save your FIRMette”  Open the FIRMette in Adobe Reader and mark your

property on the map – be sure to save!

Mapping and Report Tools

 Envirofacts Toxics Report

http://www.epa.gov/envirofw/

 Flood Insurance Rate Map (FIRM)

https://msc.fema.gov/portal

 Google maps are a good resource to figure out

what your property looks like aerially http://maps.google.com

• 4. Finalize the Review: When the forms

are complete…

 PDF the full package and submit it via email

to both: Carlos.Sanchez@pln.sccgov.org and Jennifer.Mercado@pln.sccgov.org with the subject line:

“CoC Environmental Review – Agency Name”

 Within 3 business days, Carlos will let you know

if all is, in fact, complete. If all is complete, he or will email a signed packet back to you.

• 5. Expend Project Funds

 Once you have a signed (by the County

Office of Supportive Housing) complete, environmental review you can enter into the lease or otherwise commit CoC Program funds!!

• 6. Post-review

 HUD and/or County staff may

periodically monitor Responsible Entities for environmental compliance on completed projects

Questions and Answers

What if my agency committed CoC funds without environmental review?

The game plan for getting everyone compliant is:

 Agencies will complete the appropriate form(s).  Submit forms to the County w/a letter explaining

the oversight and request the environmental to be reviewed/signed, even though its after the fact.

 County will review, sign and return it to you for your

records as soon as possible.

 New units or projects will get priority.

How can I pay for this?

 Environmental review is an eligible use of CoC project

administrative funds, if that helps.

Where can I find the forms?

The forms, flow chart, and a copy of this slide show are available at our website: http://www.sccgov.org/sites/oah/coc/environmental

If you have more questions

Carlos Sanchez Phone: 408-299-5724 Cell: 408-314-9786 Fax: 408-299-6709 Email: Carlos.Sanchez@pln.sccgov.org Rebecca Garcia Phone: 408-299-5796 Email: Rebeccai.Garcia@pln.sccgov.org Note: Our office address will change in the next couple of months, as may our phone numbers. Please see our website at http://www.sccgov.org/sites/oah for the most up to date contact information.

THANK YOU!