Full-Announcement_FR-6700-N-80.pdf

U.S. Department of Housing and Urban Development

Lead Hazard Control and Healthy Homes

FY2023 and FY2024 Radon Testing and Mitigation Demonstration for Public Housing

FR-6700-N-80

08/21/2023

Table of Contents

OVERVIEW

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

B. Authority

II. AWARD INFORMATION

A. Available Funds

B. Number of Awards

C. Minimum/Maximum Award Information

D. Period of Performance

E. Type of Funding Instrument

III. ELIGIBILITY INFORMATION

A. Eligible Applicants

B. Ineligible Applicants

C. Cost Sharing or Matching

D. Threshold Eligibility Requirements

E. Statutory and Regulatory Requirements Affecting Eligibility

F. Program-Specific Requirements

G. Criteria for Beneficiaries

IV. APPLICATION AND SUBMISSION INFORMATION

A. Obtain an Application Package

B. Content and Form of Application Submission

C. System for Award Management (SAM) and Unique Entity Identifier (UEI)

D. Application Submission Dates and Times

E. Intergovernmental Review

F. Funding Restrictions

G. Other Submission Requirements

V. APPLICATION REVIEW INFORMATION

A. Review Criteria

B. Review and Selection Process

4. Rating and Ranking of Applications

VI. AWARD ADMINISTRATION INFORMATION

A. Award Notices

B. Administrative, National and Departmental Policy Requirements and Terms for HUD Applicants and Recipients of Financial Assistance Awards

C. Reporting

D. Debriefing

VII. AGENCY CONTACT(S)

VIII. OTHER INFORMATION

APPENDIX

Program Office:

Lead Hazard Control and Healthy Homes Funding Opportunity Title:

FY2023 and FY2024 Radon Testing and Mitigation Demonstration for Public Housing Funding Opportunity Number:

FR-6700-N-80

Assistance Listing Number (formerly CFDA Number):

14.901 Due Date for Applications:

08/21/2023

OVERVIEW

The U.S. Department of Housing and Urban Development (HUD) issues this Notice of Funding Opportunity (NOFO) to invite applications from eligible applicants for the program and purpose described within this NOFO. You, as a prospective applicant, should carefully read all instructions in all sections to avoid sending an incomplete or ineligible application. HUD funding is highly competitive. Failure to respond accurately to any submission requirement could result in an incomplete or noncompetitive proposal.

In accordance with Title 24 part 4, subpart B of the Code of Federal Regulations (CFR), during the selection process (which includes HUD’s NOFO development and publication and concludes with the award of assistance), HUD is prohibited from disclosing covered selection information.

Examples of impermissible disclosures include: 1) information regarding any applicant’s relative standing; 2) the amount of assistance requested by any applicant; and 3) any information contained in the application. Prior to the application deadline, HUD may not disclose the identity of any applicant or the number of applicants that have applied for assistance.

For further information regarding this NOFO, direct questions regarding the specific requirements of this NOFO to the agency contact identified in section VII.

Paperwork Reduction Act Statement. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520) (PRA), the Office of Management and Budget (OMB) approved the information collection requirements in this NOFO. HUD may not conduct or sponsor, and a person is not required to respond to a collection of information unless the collection displays a valid OMB control number. This NOFO identifies its applicable OMB control number, unless its collection of information is excluded from these requirements under 5 CFR part 1320.

OMB Approval Number(s):

2539-0015, 2501-0017, 2535-0113

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

1. Purpose https://www.ecfr.gov/current/title-24/subtitle-A/part-4/subpart-B https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1 https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1

The purpose of this NOFO is to provide funds to public housing agencies (PHAs) to conduct testing and, if applicable, mitigation of radon in the units that they manage and to support the development of a plan for future testing and mitigation as needed. The work supported through this NOFO will also provide HUD with important information on methods and costs for radon testing and mitigation in public housing.

HUD’s Office of Lead Hazard Control and Healthy Homes administers this program, which is aligned with HUD’s FY 2022-2026 Strategic Plan. The Strategic Plan includes a provision to broaden the focus of environmental interventions in homes to address other non-lead poisoning concerns such as radon exposure. It is also aligned with HUD’s Climate Action Plan (CAP), where addressing climate and environmental justice is at the core of HUD’s mission to create strong, sustainable, inclusive communities. For more information on the CAP, refer to:

https://www.hud.gov/climate. Moreover, compliance with environmental justice requirements under Executive Orders 12989 and 14008 calls for alignment with Justice 40, a government-wide effort that aims to deliver 40 percent of the overall benefits of relevant federal investments to disadvantaged communities through federal agencies through partnership with states and local communities to advance environmental justice and spur economic opportunity for disadvantaged communities. (https://www.whitehouse.gov/omb/briefing-room/2021/07/20/the-path-to-achieving-justice40/).

Radon is an odorless, colorless radioactive gas which is a decay product of elements in soil and rock and is present in every part of the country. Low levels of radon are found in the outside air;

however, radon gas can move through the soil and enter buildings through small openings in the foundation or basement and become concentrated in the indoor air environment. When radon is inhaled it can damage deoxyribonucleic acid (DNA) in lung tissue and, in so doing, increases the risk of developing lung cancer which is the primary adverse health effect from exposure to radon. The latency period or time for lung cancer to manifest can be many years. However, the risk of developing lung cancer from exposure to radon is influenced by many factors including age during exposure, the duration of exposure, and the concentration of radon as a function of age and duration. It is also expected that children experience higher impact from similar radon doses than adults due to differences in their lung shape and size and faster respiration rate:

https://www.atsdr.cdc.gov/csem/radon/health_effects.html.

The U.S. Environmental Protection Agency (EPA) estimates that approximately 21,000 people die in the U.S. annually due to lung cancer from radon exposure (EPA 2003). Although any exposure to radon poses some risk, the EPA developed an action level of 4 pCi/L (picocuries per liter) of radon in indoor air at which action should be taken to lower radon levels (i.e., mitigate radon) (EPA 2012). The EPA estimates that approximately one out of every fifteen homes (~ 7%) in the U.S. exceeds this action level. Because of differences in the amount of radon in underlying soil and rocks, the risk of having elevated radon levels in homes and other buildings varies throughout the U.S. In the early 1990’s the EPA created a map of “radon risk” in the U.S.

that identifies areas at the county level with higher and lower risk of buildings having elevated radon levels (designated as Zones 1, 2, and 3): https://www.epa.gov/radon/epa-map-radon-zones and displayed more specifically by state: (https://www.epa.gov/radon/state-maps-radon-zones) including radon contact information: State Radon Contacts | National Radon Program Services (sosradon.org). Some states have also developed their own radon maps that use radon test data https://www.hud.gov/climate https://www.whitehouse.gov/omb/briefing-room/2021/07/20/the-path-to-achieving-justice40/ https://www.whitehouse.gov/omb/briefing-room/2021/07/20/the-path-to-achieving-justice40/ https://www.atsdr.cdc.gov/csem/radon/health_effects.html https://www.epa.gov/radon/epa-map-radon-zones https://www.epa.gov/radon/state-maps-radon-zones https://sosradon.org/state-radon-contact-map https://sosradon.org/state-radon-contact-map that have become available since the publication of the EPA radon zone map. Applicants are advised to contact their respective state radon contact to get additional information on specific state radon programs and state radon maps. Because of the limited level of funding available through this NOFO, HUD is targeting PHA properties in EPA Zones 1 and 2 (or equivalent based on State radon maps) but is allowing for applications for properties in Zone 3 if certain conditions are met (see Section III.F.1.).

Properties in Zone 1 areas would, on average, be expected to have a higher percentage of elevated radon units. In multifamily buildings, this applies primarily to ground contact units, which have a much higher risk of elevated radon than upper floor units. The national standard for radon testing in multifamily buildings (ANSI/AARST standard MAMF-2017) requires testing of 100% of ground contact units and 10% of units on upper floors. This testing protocol is supported by a HUD-funded study (Kitto et al. 2021) that analyzed radon testing results from multifamily properties in 29 states. Overall, 15% of all units included in the study had elevated radon levels. The researchers concluded that 100% sampling of ground contact units was required to achieve 95% confidence that no unit will have radon levels greater than or equal to 4 pCi/L in buildings with up to 20 units.

National practice standards for radon testing and mitigation have been developed with EPA support, by the American National Standards Institute and the American Association of Radon Scientists and Technologists (ANSI/AARST). Standards have been developed for single family homes, and multifamily and large buildings, and can be viewed at no cost or purchased on the ANSI or AARST websites: https://www.epa.gov/radon/radon-standards-practice.

Costs for radon testing and mitigation vary for single and multifamily housing and depend on building characteristics and location. Current industry estimates include radon testing costs of $100 to $275 per unit for single family housing and $50 to $80 per unit for multifamily housing (Hoylman, 2021). Estimates for per unit mitigation costs range from $1,500 to $3,000 and $2,500 to $4,000 for single and multifamily housing, respectively. Average mitigation costs for multifamily units would be lower when collateral mitigation is considered (i.e., when mitigation of radon in one unit is also effective in mitigating radon in adjacent units). These mitigation costs include initial diagnostic testing and the creation of a final report with an operations and maintenance plan. Operation (e.g., electrical use by a fan) and maintenance costs also vary but are estimated at approximately $168/year for operation and an average of $110/year for maintenance.

HUD participated in an EPA-led interagency effort to increase federal agency efforts to address radon in their programs, with goals outlined in the Federal Radon Action Plan (FRAP), published in June 2011: https://www.epa.gov/radon/federal-radon-action-plan-frap. As part of that effort, HUD’s Office of Public and Indian Housing (PIH) published a Notice (PIH 2013–06) stating that “PHAs are strongly encouraged to proactively plan and complete radon testing and follow-up with mitigation strategies, if possible, especially when excessive radon levels are present.” The federal agency efforts outlined in the FRAP were followed by a public/private partnership (which includes HUD) that produced the National Radon Action Plan (NRAP), which set a goal to save lives by increasing radon testing, mitigation, and radon-resistant new construction in the U.S.: https://www.epa.gov/radon/national-radon-action-plan-strategy-saving-lives.

https://www.epa.gov/radon/radon-standards-practice https://www.epa.gov/radon/federal-radon-action-plan-frap https://www.epa.gov/radon/national-radon-action-plan-strategy-saving-lives

For additional information on radon, please refer to Appendix A.

This NOFO represents a continuation of HUD’s support to public housing agencies (PHAs).

2. HUD and Program-Specific Goals and Objectives

This NOFO supports HUD’s Strategic Plan for Fiscal Years (FY) 2022-2026 to accomplish HUD’s mission and vision. Each of the five goals in the Strategic Plan include what HUD hopes to accomplish, the strategies to accomplish those objectives, and the indicators of success.

However, of the five goals only those applicable to this NOFO are identified below.

You are expected to align your application to the applicable strategic goals and objectives below.

Use the information in this section to describe in your application the specific goals, objectives, and measures that your project is expected to help accomplish. If your project is selected for funding, you are also expected to establish a plan to track progress related to those goals, objectives, and measures. HUD will monitor compliance with the goals, objectives, and measures in your project.

Applicable Goals and Objectives from HUD’s Strategic Plan

1. Strategic Goal 4: Advance Sustainable Communities Advance sustainable communities by strengthening climate resilience and energy efficiency, promoting environmental justice, and recognizing housing's role as essential to health.

2. 4B: Strengthen Environmental Justice Reduce exposure to health risks, environmental hazards, and substandard housing, especially for low-income households and communities of color.

3. 4C: Integrate Health and Housing Advance policies that recognize housing's role as essential to health.

3. Changes from Previous NOFO

The following is a summary of the major changes in this NOFO relative to the Fiscal Year (FY) 2022 Radon Testing and Mitigation Demonstration for Public Housing NOFO. This is not intended to be an exhaustive list, so applicants should be sure to read the entire NOFO.

1. Section III. Eligibility Information – This section is updated to include that organizations that received an award under the FY 2021 or FY 2022 Radon Testing and Mitigation Demonstration for Public Housing cycle are ineligible to apply.

2. Section III.F (Eligibility Information – Program Specific Requirements) requires all applicants to submit a narrative on: Advancing Racial Equity and Affirmative Marketing. These narratives are mandatory and will be evaluated for sufficiency. See Section III.F for instructions on what each narrative requires and how to incorporate the narrative responses into your application.

3. Section III.F.2.f. Restricted Use of funds – This section is updated to include information that an award under this NOFO cannot be used to conduct monitoring, maintenance and operational work.

4. Section IV.G. includes a requirement that applicants discuss how their proposed NOFO activities are aligned with Affirmatively Furthering Fair Housing (AFFH) requirements.

https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas

Applicants will demonstrate this in response to Rating Factor iii. Soundness of Approach. Please see Section IV.G for instructions

5. Section V.B. Review and Selection Process – This section includes a new requirement to ensure applicants have Experience Promoting Racial Equity. Applicants will address this requirement in response to Rating Factor V.A.1.i (Capacity of Applicant & Relevant Organizational Experience). Please see Section V.B for instructions.

4. Definitions

a. Standard Definitions

Affirmatively Furthering Fair Housing (AFFH) means taking meaningful actions, in addition to combating discrimination to overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunities, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.

The duty to affirmatively further fair housing extends to all program participant’s activities and programs relating to housing and urban development.

Assistance Listing number refers to the unique number assigned to each Federal assistance program publicly available in the Assistance Listing, which is managed and administered by the General Services Administration. The Assistance Listing number was formerly known as the Catalog of Federal Domestic Assistance (CFDA) number.

Authorized Organization Representative (AOR) is a person authorized to legally bind your organization and submit applications via Grants.gov. The AOR is authorized by the E-Business Point of Contact (E-Biz POC) in the System for Award Management (see E-Biz POC definition).

An AOR may include an Expanded AOR and/or a Standard AOR.

Expanded Authorized Organization Representative is a user in Grants.gov who is authorized by the E-Biz POC to perform the functions of a Standard AOR, initiate and submit applications on behalf of your organization, and is allowed to modify organization-level settings and certifications in Grants.gov.

Standard Authorized Organization Representative is a user in Grants.gov who is authorized by the E-Biz POC to initiate and submit applications in Grants.gov. A Grants.gov user with the Standard AOR role can only submit applications when they are a Participant for that workspace.

Consolidated Plan is the document submitted to HUD that serves as the comprehensive housing affordability strategy, community development plan, and submission for funding under any of the Community Planning and Development formula grant programs (e.g., CDBG, ESG, HOME, and HOPWA). This Plan is prepared in accordance with the process described in 24 CFR part 91.

This plan is completed by engaging in a participatory process to assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions with funding from formula grant programs. (See 24 CFR part 91 for HUD’s requirements regarding the Consolidated Plan and related Action Plan).

https://www.ecfr.gov/current/title-24/subtitle-A/part-91 https://www.ecfr.gov/current/title-24/subtitle-A/part-91

Contract means, for the purpose of Federal financial assistance, a legal instrument by which a recipient or subrecipient purchases property or services needed to carry out the project or program under a federal award. For additional information on contractor and subrecipient determinations, see 2 CFR 200.331.

Contractor means an entity that receives a contract as defined above and in 2 CFR 200.1.

Cooperative agreement has the same meaning defined at 2 CFR 200.1.

Deficiency, with respect to the making of an application for funding, is information missing or omitted within a submitted application. Examples of deficiencies include missing documents, missing or incomplete information on a form, or some other type of unsatisfied information requirement. Depending on specific criteria, a deficiency may be either Curable or Non-Curable.

A Curable Deficiency is missing or incomplete application information that may be corrected by the applicant with timely action. To be curable, the deficiency must:

Not be a threshold requirement, except for documentation of applicant eligibility;

Not influence how an applicant is ranked or scored versus other applicants; and Be remedied within the time frame specified in the notice of deficiency.

A Non-Curable Deficiency is missing or incomplete application information that cannot be corrected by an applicant after the submission deadline. A non-curable deficiency is a deficiency that is a threshold requirement, or a deficiency that, if corrected, would change an applicant’s score or rank versus other applicants. If an application includes a non-curable deficiency, the application may receive an ineligible determination, or the non-curable deficiency may otherwise adversely affect the application’s score and final funding determination.

E-Business Point of Contact (E-Biz POC) is an organization applicant who is responsible for the administration and management of grant activities for his or her organization. The E-Biz POC is likely to be an organization's chief financial officer or authorizing official. The E-Biz POC authorizes representatives of their organization to apply on behalf of the organization (see Authorized Organization Representative definition). There can only be one E-Biz POC per unique entity identifier (see definition of Unique Entity Identifier below).

Eligibility requirements are mandatory requirements for an application to be eligible for funding.

Environmental Justice means investing in environmental improvements, remedying past environmental inequities, and otherwise developing, implementing, and enforcing laws and policies in a manner that advances environmental equity and provides meaningful involvement for people and communities that have been environmentally underserved or overburdened, such as Black and Brown communities, indigenous groups, and individuals with disabilities. This definition does not alter the requirements under HUD’s regulations at 24 CFR 58.5(j) and 24 CFR 50.4(l) implementing Executive Order 12898. E.O. 12898 requires a consideration of how federally assisted projects may have disproportionately high and adverse human health or environmental effects on minority and/or low-income populations. For additional information on environmental review compliance, refer to:

https://www.hud.gov/program_offices/comm_planning/environment_energy/regulations.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR031321e29ac5bbd/section-200.331 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-24/subtitle-A/part-58/subpart-A/section-58.5 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf https://www.hud.gov/program_offices/comm_planning/environment_energy/regulations

Equity has the meaning given to that term in Section 2(a) of Executive Order 13985 and means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality.

Federal Award, has the meaning, depending on the context, in either paragraphs (1) or (2) of this definition:

(1)

(a) The Federal financial assistance that a recipient receives directly from a Federal awarding agency or a subrecipient receives indirectly from a pass-through entity, as described in 2 CFR 200.101; or

(b) The cost-reimbursement contract under the Federal Acquisition Regulations that a non- Federal entity receives directly from a federal awarding agency or indirectly from a pass- through entity, as described in 2 CFR 200.101.

(2) The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (2) of the definitions of Federal financial assistance in 2 CFR 200.1, and this NOFO, or the cost-reimbursement contract awarded under the Federal Acquisition Regulations.

(3) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal Government owned, contractor operated facilities (GOCOs).

(4) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement in 2 CFR 200.1.

Federal Financial Assistance has the same meaning defined at 2 CFR 200.1.

Grants.gov is the website serving as the Federal government’s central portal for searching and applying for Federal financial assistance throughout the Federal government. Registration on Grants.gov is required for submission of applications to prospective agencies unless otherwise specified in this NOFO.

Historically Black Colleges and Universities (HBCUs) are any historically Black college or university that was established prior to 1964, whose principal mission was, and is, the education of Black Americans, and that is accredited by a nationally recognized accrediting agency or association determined by the Secretary of Education to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation. A list of accredited HBCUs can be found at the U.S. Department of Education’s website.

Minority-Serving Institutions (MSIs) are

(1) a part B institution (as defined in 20 U.S.C. 1061);

(2) a Hispanic-serving institution (as defined in 20 U.S.C. 1101(a)(5));

https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://sites.ed.gov/whhbcu/one-hundred-and-five-historically-black-colleges-and-universities/ https://sites.ed.gov/whhbcu/one-hundred-and-five-historically-black-colleges-and-universities/ https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partB-sec1061.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapV-partA-sec1101a.pdf

(3) a Tribal College or University (as defined in 20 U.S.C. 1059c);

(4) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in 20 U.S.C. 1059d(b));

(5) a Predominantly Black Institution (as defined in 20 U.S.C. 1059e);

(6) an Asian American and Native American Pacific Islander-serving institution (as defined in 20 U.S.C. 1059g); or

(7) a Native American-serving nontribal institution (as defined in 20 U.S.C. 1059f).

Non-Federal Entity (NFE) means a state, local government, Indian tribe, Institution of Higher Education (IHE), or non-profit organization that carries out a federal award as a recipient or subrecipient.

Primary Point of Contact (PPOC) is the person who may be contacted with questions about the application submitted by the AOR. The PPOC is listed in item 8F on the SF-424.

Racial Equity is the elimination of racial disparities, and is achieved when race can no longer predict opportunities, distribution of resources, or outcomes – particularly for Black and Brown persons, which includes Black, Latino, indigenous, Native American, Asian, Pacific Islander, and other persons of color.

Recipient means an entity, usually but not limited to non-Federal entities, that receives a federal award directly from HUD. The term recipient does not include subrecipients or individuals that are beneficiaries of the award.

Resilience is a community’s ability to minimize damage and recover quickly from extreme events and changing conditions.

Small business is defined as a privately-owned corporation, partnership, or sole proprietorship that has fewer employees and less annual revenue than regular-sized business. The definition of “small”—in terms of being able to apply for government support and qualify for preferential tax policy—varies by country and industry. The U.S. Small Business Administration defines a small business according to a set of standards based on specific industries. See 13 CFR Part 121.

Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.

Subrecipient means an entity, usually but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a federal award but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency.

System for Award Management (SAM) is the Federal Repository into which an entity must provide information required for the conduct of business as a recipient. Registration with SAM is required for submission of applications via Grants.gov. You can access the website at https://www.sam.gov/SAM/. There is no cost to use SAM.

https://www.govinfo.gov/content/pkg/USCODE-2015-title20/pdf/USCODE-2015-title20-chap28-subchapIII-partA-sec1059c.pdf https://www.govinfo.gov/content/pkg/USCODE-2015-title20/pdf/USCODE-2015-title20-chap28-subchapIII-partA-sec1059d.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059e.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059g.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059g.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059f.pdf https://www.ecfr.gov/current/title-13/chapter-I/part-121?toc=1 https://www.sam.gov/SAM/

Threshold Requirements are eligibility requirements that must be met for an application to be reviewed, rated, and ranked. Threshold requirements are not curable, except for documentation of applicant eligibility, which are listed in Section III.D., Threshold Eligibility Requirements.

Similarly, there are eligibility requirements under Section III.E., Statutory and Regulatory Requirements Affecting Eligibility.

Underserved Communities has the meaning given to that term in Section 2(b) of Executive Order 13985 and refers to populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the definition of “equity” above.

Unique Entity Identifier (UEI) means the identifier assigned by SAM to uniquely identify business entities. As of April 4, 2022, the Federal government has transitioned from the use of the DUNS Number to the use of UEI, as the primary means of entity identification for Federal awards government-wide.

b. Program Definitions.

EPA Map of Radon Zones: A map that was developed by the U.S. Environmental Protection Agency in 1993 to identify areas of the U.S. with the potential for elevated radon levels (see:

https://www.epa.gov/radon/epa-map-radon-zones). Zones are defined as follows:

Zone 1: counties with predicted average indoor radon screening levels greater than 4 pCi/L (picocuries per liter of air);

Zone 2: counties with predicted average indoor radon screening levels of 2-4 pCi/L;

Zone 3: counties with predicted average indoor radon screening levels less than 2 pCi/L.

Mitigation System: Any system designed to reduce radon concentrations in the indoor air of a building.

Multifamily Building: HUD defines a multifamily building as having five or more attached housing units. The national radon standards published by the American National Standards Institute and the American Association of Radon Scientists and Technologists (ANSI/AARST) defines a multifamily building as “a building having more than one attached dwelling or other occupied unit under the same ownership or designated maintenance or management authority.”

(i.e., MAMF 2017 with 1/21 revisions).

Picocurie (pCi): One pCi is one trillionth of a curie (10-12) or 0.037 disintegrations per second or

2.22 disintegrations per minute.

Picocurie per liter (pCi/L): A unit of concentration of radioactivity corresponding to 0.037 decays per second or 2.22 decays per minute in a liter of air.

Quality Assurance (QA): A complete program designed to produce results that are valid, scientifically defensible, and of known precision, bias, and accuracy. Includes planning, documentation, and quality control (QC) activities.

Quality Control (QC): The system of activities to ensure a quality product, including measurements made to ensure and monitor data quality. Includes calibrations and backgrounds, duplicate, blank, and spiked measurements, inter-laboratory comparisons, audits, and other control activities.

Radon (Rn): A colorless, odorless, naturally occurring, radioactive, inert, gaseous element formed by radioactive decay of radium (Ra-226) atoms. The atomic number is 86. Although https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government https://www.epa.gov/radon/epa-map-radon-zones other isotopes of radon occur in nature, in this document, radon refers to the gas Rn-222.

Radon Measurement (professional): Any state licensed or nationally certified person or entity that conducts radon testing for remuneration. A professional holds a current radon license from a state where radon testing services are regulated, or current national certification recognized by the state in which the test is being conducted. Or, if the testing is being conducted in a non-regulated state, then the professional should have current certification recognized by the non-regulated state.

Single Family Dwelling: HUD defines a single-family dwelling as a building containing one to four dwelling units. The national radon standards published by the American National Standards Institute and the American Association of Radon Scientists and Technologists (ANSI/AARST) defines a single-family dwelling as “A residence or home intended to house a single family and requiring discrete testing location(s).” (MAH 2019)

B. Authority

For fiscal year 2021, the Radon Testing and Mitigation Demonstration Program for Public Housing is authorized under Section 9(d) of the United States Housing Act of 1937 (1937 Act) (42 U.S.C. 1437g(d). Fiscal years 2022 and 2023 are authorized by the Consolidated Appropriations Act, 2022 (Public Law 117-103) and Consolidated Appropriations Act, 2023 (Public Law 117-328). Funding for this NOFO is provided by the Consolidated Appropriations Act, 2023 (Public Law 117-328, approved December 29, 2022), the Consolidated Appropriations Act, 2022 (Public Law 117-103, approved March 15, 2022), and the Consolidated Appropriations Act, 2021 (Public Law 116-260, approved December 27, 2020).

II. AWARD INFORMATION

A. Available Funds

Funding of approximately $5,064,179 is available through this NOFO. Subject to appropriations, HUD reserves the right to award fiscal year 2024 funds based on this NOFO competition.

Additional funds may become available for award under this NOFO consistent with Section VI.A.2.e., Adjustments to Funding. Use of these funds is subject to statutory constraints. All awards are subject to the funding restrictions contained in this NOFO.

B. Number of Awards

HUD expects to make approximately 15 awards from the funds available under this NOFO.

The estimated 15 awards with the FY2023 funds from this NOFO will depend on the number of eligible applicants, the requested amount, total funding available and other factors.

For information on the methodology used to make award determinations under this NOFO, please see Section V.B, Review and Selection Process below.

Subject to the availability of appropriations, HUD anticipates issuing approximately 15 additional awards with FY2024 funding.

HUD reserves the right to reject all proposals, make no awards under this announcement, or make fewer or more awards than anticipated.

C. Minimum/Maximum Award Information

HUD will not provide more than $600,000 to a single applicant for a single funding project period.

Estimated Total Funding:

$5,064,179 Minimum Award Amount:

$150,000 Per Project Period

Maximum Award Amount:

$600,000 Per Project Period

D. Period of Performance

The start date will be determined during the period of negotiations with successful applicants.

The performance cannot exceed 36 months from the time of the award. The proposed period of performance should include adequate time for such project components as the hiring of new staff or identifying a licensed and certified contractor(s), all of which can potentially delay project start date. Period of performance extensions for delays due to exceptional conditions beyond the grantee’s control will be considered for approval by HUD in accordance with 2 CFR section 200.308(d) and (e) and 200.309, as applicable, and the Office of Lead Hazard Control and Healthy Homes (OLHCHH) Program guide (https://www.hud.gov/sites/documents/PGI_2013- 03.PDF). If a request is made, and it is determined to be eligible and is approved by OLHCHH, the grantee will receive an extension of up to 12 months in length.

Estimated Project Start Date:

09/25/2023 Estimated Project End Date:

09/25/2026 Length of Project Periods:

36-month project period and budget period

Length of Periods Explanation of Other:

N/A

E. Type of Funding Instrument

Funding Instrument Type:

G (Grant)

III. ELIGIBILITY INFORMATION

A. Eligible Applicants

25 (Others (see text field entitled "Additional Information on Eligibility" for clarification))

Additional Information on Eligibility https://www.hud.gov/sites/documents/PGI_2013-03.PDF https://www.hud.gov/sites/documents/PGI_2013-03.PDF

Public Housing Agencies (PHAs) with the legal authority to develop, own, modernize, and operate a public housing project in accordance with the 1937 Act are eligible. PHAs that are troubled are eligible for funding if the agency is in compliance with any current Memorandum of Agreement or Recovery Agreements.

See below for the list of entities that are NOT eligible for awards made under this announcement:

1. Tribes and tribally-designated housing entities (TDHEs)

2. Nonprofit organizations.

3. Resident associations.

4. Individuals, foreign entities and sole proprietorship organizations.

5. State governments.

6. County governments.

7. City governments.

8. Indian Housing Authorities.

9. PHAs that received awards under the FY 2022 or FY 2021 Radon Testing and Mitigation

Demonstration for Public Housing grant program.

PHAs with only Rental Assistance Demonstration (RAD) Section 8 Project-Based Voucher (PBV) or Project-Based Rental Assistance (PBRA) housing in their portfolio.

B. Ineligible Applicants

1. Tribes and tribally designated housing entities (TDHEs)

2. Nonprofit organizations.

3. Resident associations.

4. Individuals, foreign entities and sole proprietorship organizations.

5. State governments.

6. County governments.

7. City governments.

8. Indian Housing Authorities.

9. PHAs that received awards under the FY 2022 and FY 2021 Radon Testing and

Mitigation Demonstration for Public Housing grant programs.

10. PHAs with only RAD Section 8 Project-Based Voucher (PBV) or Project-Based Rental

Assistance (PBRA) housing in their portfolio.

C. Cost Sharing or Matching

This Program does not require cost sharing or matching.

D. Threshold Eligibility Requirements

Applicants who fail to meet any of the following threshold eligibility requirements are deemed ineligible. Applications from ineligible applicants are not rated or ranked and will not receive HUD funding.

1. Resolution of Civil Rights Matters

Outstanding civil rights matters must be resolved before the application submission deadline.

Applicants with unresolved civil rights matters at the application deadline are deemed ineligible.

Applications from ineligible applicants are not rated or ranked and will not receive HUD funding.

a. An applicant is ineligible for funding if the applicant has any of the charges, cause determinations, lawsuits, or letters of findings referenced in subparagraphs (1) – (5) that are not resolved to HUD’s satisfaction before or on the application deadline date for this NOFO.

(1) Charges from HUD concerning a systemic violation of the Fair Housing Act or receipt of a cause determination from a substantially equivalent state or local fair housing agency concerning a systemic violation of a substantially equivalent state or local fair housing law proscribing discrimination because of race, color, religion, sex (including sexual orientation and gender identity), national origin, disability or familial status;

(2) Status as a defendant in a Fair Housing Act lawsuit filed by the United States alleging a pattern or practice of discrimination or denial of rights to a group of persons raising an issue of general public importance under 42 U.S.C. 3614(a);

(3) Status as a defendant in any other lawsuit filed or joined by the Department of Justice, or in which the Department of Justice has intervened, or filed an amicus brief or statement of interest, alleging a pattern or practice or systemic violation of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of the Housing and Community Development Act of 1974, the Americans with Disabilities Act, Violence Against Women Act, or a claim under the False Claims Act related to fair housing, non-discrimination, or civil rights generally including an alleged failure to affirmatively further fair housing;

(4) Receipt of a letter of findings identifying systemic non-compliance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of the Housing and Community Development Act of 1974; Violence Against Women Act; or the Americans with Disabilities Act; or

(5) Receipt of a cause determination from a substantially equivalent state or local fair housing agency concerning a systemic violation of provisions of a state or local law prohibiting discrimination in housing based on sexual orientation, gender identity, or lawful source of income.

b. HUD will determine if actions to resolve the charge, cause determination, lawsuit, or letter of findings taken before the application deadline date will resolve the matter. Examples of actions that may be sufficient to resolve the matter include, but are not limited to:

(1) Current compliance with a voluntary compliance agreement signed by all the parties;

(2) Current compliance with a HUD-approved conciliation agreement signed by all the parties;

(3) Current compliance with a conciliation agreement signed by all the parties and approved by the state governmental or local administrative agency with jurisdiction over the matter;

(4) Current compliance with a consent order or consent decree;

(5) Current compliance with a final judicial ruling or administrative ruling or decision; or

(6) Dismissal of charges.

2. Timely Submission of Applications

Applications submitted after the deadline stated within this NOFO that do not meet the requirements of the grace period policy are marked late. Late applications are ineligible and are not considered for funding. See Section IV. D. Application Submission Dates and Times.

E. Statutory and Regulatory Requirements Affecting Eligibility

Eligibility Requirements for Applicants of HUD’s Financial Assistance Programs The following requirements affect applicant eligibility. Detailed information on each requirement is found in the “Eligibility Requirements for Applicants of HUD’s Financial Assistance Programs” document on HUD’s Funding Opportunities page.

Universal Identifier and System for Award Management (SAM.gov) Requirements Outstanding Delinquent Federal Debts Debarments or Suspensions, or both Mandatory Disclosure Requirement Pre-selection Review of Performance Sufficiency of Financial Management System False Statements Prohibition Against Lobbying Activities

In addition, each applicant under this NOFO must have the necessary processes and systems in place to comply with the Award Term in Appendix A of 24 CFR part 170 if the applicant receives an award, unless an exception applies as provided in 2 CFR170.110.

F. Program-Specific Requirements

1. Project activities will be limited to radon testing and/or mitigation. The radon professional must meet the requirements specified in III.F.2.a. and III.F.2.b. Also, because of limited funding available through this NOFO, HUD is targeting radon testing and/or mitigation in properties located in EPA radon Zones 1 or 2 (or equivalent based on State radon maps).

For properties located in Zone 3, applicants will be considered if the applicant can provide information that shows (i) radon testing was conducted by a radon professional in at least 20 units in one or more properties AND elevated radon levels (i.e., at or above the action level of 4pCi/L) were confirmed in 10% or more of the tested units, (ii) documentation from the CDC's National Environmental Public Health Tracking Network, demonstrating that the mean pre-mitigation radon testing level (based on data from 2008-2017) for the county in which the property is located is 2pCi/L or greater, or (iii) a radon map created by an agency in your state showing that the radon risk in the geographic area in which your property is located is equivalent or greater than the risk in EPA Zone 2. Information on radon risks is available on EPA's website:

https://www.epa.gov/radon/health-risk-radon#beir. A spreadsheet with radon zone designation by county is available on EPA’s website: https://www.epa.gov/radon/state-maps-radon-zones.

Information on radon risk from the CDC’s website can be found at:

https://www.cdc.gov/nceh/tracking/topics/RadonTesting.htm https://www.hud.gov/grants https://www.hud.gov/grants https://www.ecfr.gov/current/title-25/chapter-I/subchapter-H/part-170 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-170/subpart-A/section-170.110 https://www.epa.gov/radon/health-risk-radon#beir

2. Program Requirements.

a. Radon Testing. Radon testing must be conducted by or under the supervision of a professional who is currently credentialed by the National Radon Proficiency Program (NRPP) or the National Radon Safety Board (NRSB.) The individual must also be licensed/certified in the state in which the work is being conducted if the state has this requirement. All radon testing must be conducted in accordance with the protocols specified in the current ANSI/AARST practice standard for the particular building type (i.e., MAMF-2017 with 2021 revisions or MAH 2019). See: AARST Radon Standards

b. Radon Mitigation. If testing identifies a radon level at or above the EPA action level of 4pCi/L, mitigation must be conducted by a professional who is credentialed by the NRPP or NRSB and licensed/certified in the state in which the work is being conducted, if required by the state. Radon mitigation must be conducted according to the current ANSI/AARST consensus standards for the specific housing type (i.e., RMS-MF 2018 or SGM-SF 2017 with 12/2020 revisions). See: AARST Radon Standards. Also, please note states may also have their own radon requirements that may be different from these requirements and so you are advised to follow all appropriate state or local requirements.

c. Radon testing and mitigation conducted using funding from this NOFO are restricted to units in which families with children can reside, including units that are designated as disabled with children in them.

d. Program Performance. Grantees shall take all reasonable steps to accomplish all activities within the approved period of performance. HUD reserves the right to terminate the grant agreement prior to the expiration of the period of performance if the grantee fails to make reasonable progress in implementing the approved program of activities or fails to comply with the terms and conditions of the grant agreement.

e. Regulatory Compliance. Grantees must comply with all relevant Federal, state and local regulations regarding radon testing and mitigation, and the exposure to and proper disposal of hazardous materials.

f. Restricted Use of Funds:

(1) HUD Radon Testing and Mitigation Demonstration grant funds must not be used to replace or reimburse existing resources dedicated to any ongoing project.

(2) HUD Radon Testing and Mitigation Demonstration grant funds can NOT be used to conduct testing and mitigation in RAD Section 8 Project Based Voucher (PBV) or Project Based Rental Assistance (PBRA) housing.

(3) HUD Radon Testing and Mitigation Demonstration grant funds can only be used for radon testing and mitigation. These grant funds cannot be used to conduct monitoring, maintenance and operational work.

g. OSHA Compliance. The requirements of the Occupational Safety and Health Administration (OSHA) (e.g., 29 CFR parts 1910 and/or 1926, as applicable) or the state or local occupational safety and health regulations, whichever are most stringent, must be met.

h. Privacy. Submission of any information to databases (whether website, computer, paper, or other format) of addresses of housing units tested for radon and/or mitigation under these grants may be subject to the protections of the Privacy Act of 1974 and shall not include any personal information that could identify any household member.