The Texas Department of Housing and Community Affairs HOME Program Environmental Review Procedures...

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 Authorities24 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 Requirements24 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 58.5

2. 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 AssessmentActivity

• 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

7015.15) and submit to TDHCA• TDHCA 15 day comment period• Authority to Use Grant Funds (Form 7015.16) 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

7015.15) and submit to TDHCA• TDHCA overnights to HUD for 15 day comment period• Authority to Use Grant Funds issued by HUD (Form

7015.16)• Environmental Review Record