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, obligated 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 Define the project 1. Determine the level of review 2. Perform the environmental review 3. Finalize review by getting County certification 4. Once certified, expend project funds 5. Post review considerations 6. 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  CEST Limited Scope  Tenant Based Rental  Leasing Assistance (TBRA)  Project Based Rental  Supportive Services Assistance (PRBA)  Operations and  Sponsor Based Rental maintenance Assistance (SBRA)  Administrative  Other  HMIS only  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  E.O. 11988 on Floodplain Management  Coastal Barrier Resources Act  National Historic Preservation  National Flood Insurance Act Program  Noise Abatement Regulation AND…  Sole Source Aquifers  Clean Air Act  E. O. 11990 on Wetlands  Coastal Zone Management Act  Wild and Scenic Rivers Act  Contamination and Toxic Substances  E.O. 12898 on Environmental Justice  Endangered Species Act  Explosive and Flammable Hazards  Farmlands Protection Policy Act

But the only ones that you need to work on are…  Airport Runway Clear Zones  E.O. 11988 on Floodplain Management  Coastal Barrier Resources Act*  National Historic Preservation  National Flood Insurance Act Program*  Noise Abatement Regulation  Clean Air Act  Sole Source Aquifers  Coastal Zone Management Act  E. O. 11990 on Wetlands  Contamination and Toxic  Wild and Scenic Rivers Act Substances  Endangered Species Act  E.O. 12898 on Environmental Justice  Explosive and Flammable Hazards  Farmlands Protection Policy Act

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