fy 13 fr-5700-n-4 lead combo final.pdf

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1

Docket No. [FR-5700-N-04] 2

Notice of Funding Availability for HUD’s Fiscal Year (FY) 2013 Lead-Based Paint Hazard 4

Control Grant Program and Lead Hazard Reduction Demonstration Grant Program 5

AGENCY: Office of Healthy Homes and Lead Hazard Control, HUD. 8

ACTION: Notice of Funding Availability (NOFA) for HUD’s Fiscal Year (FY) 2013 Lead- 10

Based Paint Hazard Control Grant Program and Lead Hazard Reduction Demonstration Grant 11

Program. 12

SUMMARY: Today’s posting provides information and instructions for the FY2013 14

Lead-Based Paint Hazard Control (LBPHC) Grant Program and Lead Hazard Reduction 15

Demonstration (LHRD) Grant Program based on funding approved by the Department of 16

Housing and Urban Development Appropriations Act, 2013 (Public Law XXX-XX). This 17

Notice is comprised of the Notice of HUD’s Fiscal Year (FY) 2013 Notice of Funding 18

Availability (NOFA), Policy Requirements and General Section (General Section) to 19

HUD’s FY2013 NOFAs for Discretionary Programs, posted on www.Grants.gov on 20

August 8, 2012, and this program section to the NOFA. Because FY 2013 funding has 21 not been appropriated for this program, the availability of any such funding for this 22 program is contingent upon future Congressional action. 23

The LBPHC and LHRD Programs are authorized by Section 1011 of the Residential Lead-Based 26

Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act 27 of 1992, Public Law 102-550). HUD’s FY2013 Notice of Funding Availability Policy 28

Requirements and General Section posted to www.Grants.gov on August 9, 2012, establishes 29 threshold and other critical application submission requirements for this NOFA. Applications 30 shall be submitted to www.Grants.gov in accordance with the procedures outlined in the 31

General Section and this NOFA. 32

APPLICATION RECEIPT DEADLINE DATE: The application deadline is 11:59:59 p.m. 34 eastern time on February 4, 2013. Applications must be received by www.Grants.gov no later 35 than 11:59:59 p.m. eastern time on the application deadline date. Only one application will be 36 accepted from any given organization under this NOFA (i.e., apply to either the LBPHC grant 37 program or the LHRD grant program, but not both). If more than one application is received 38 from an organization, the application that was received last by www.Grants.gov that meets the 39 timely receipt requirements will be considered for funding. NOTE: HUD may modify the due 40 date for this Notice to the extent a final appropriations bill for FY2013 is enacted. HUD will 41 issue a technical correction to this NOFA if appropriations are enacted that require HUD to 42 modify the funding criteria or application requirements, or if HUD determines that 43 adjustments to estimated award amounts or timelines are necessary, any such technical 44 correction will provide detailed instructions for applicants to permit them to resubmit the 45 application to address the revised NOFA requirements. 46 http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/

FOR FURTHER INFORMATION CONTACT: Questions regarding specific program 2 requirements should be directed to the agency contact identified in this program NOFA. 3

Questions regarding the FY2013 General Section should be directed to the Office of Strategic 4

Planning and Management, Grants Management Division at 202-708-0667 (this is not a toll-free 5 number). Persons with hearing or speech impairments may access these numbers via TTY by 6 calling the Federal Relay Service at 800-877-8339. 7

OVERVIEW INFORMATION 10

A. Federal Agency Name: Department of Housing and Urban Development, Office of Healthy 12

Homes and Lead Hazard Control. 13

B. Funding Opportunity Title: Lead-Based Paint Hazard Control Grant Program and Lead 15

Hazard Reduction Demonstration Grant Program. 16

C. Announcement Type: Initial announcement. 18

D. Funding Opportunity Number: FR-5700-N-04; OMB Approval Number 2539-0015. 20

E. Catalog of Federal Domestic Assistance (CFDA) Numbers: 14.900 Lead-Based Paint 22

Hazard Control, and 14.905 Lead Hazard Reduction Demonstration Grant Program. 23

F. Dates: The application deadline is 11:59:59 p.m. eastern time on February 4, 2013. 25

Applications must be received by www.Grants.gov no later than 11:59:59 p.m. eastern time on 26 the application deadline date. Applicants are encouraged to submit their application early to 27 www.Grants.gov to ensure that they can meet the timely receipt requirements. 28

G. Additional Overview Content Information 30

1. Purpose of the Program. The overarching purpose of the Lead-Based Paint Hazard Control 32

Grant Program and the Lead Hazard Reduction Demonstration Grant Program is to assist states, , 33 cities, counties/parishes, Native American Tribes or other units of local government in 34 undertaking comprehensive programs to identify and control lead-based paint hazards in eligible 35 privately owned rental or owner-occupied housing, with the exception that the Lead Hazard 36

Reduction Demonstration Grant Program is targeted to urban jurisdictions with the greatest lead- 37 based paint hazard control needs. 38

2. Available Funds. Based on enactment of the FY2013 HUD appropriations, approximately 40

$XXX million is available for programs included in this NOFA. Of this amount, approximately 41

$XX million is available for the Lead-Based Paint Hazard Control Program and $XX million for 42 the Lead Hazard Reduction Demonstration Grant Program. 43

3. Match. A minimum non-federal matching contribution of 10 percent of the Federal funds 45 requested, excluding the Healthy Homes Supplemental request if applicable, is required for the 46

Lead-Based Paint Hazard Control Grant Program, and a minimum non-federal matching 1 contribution of 25 percent of the Federal funds requested is required for the Lead Hazard 2

Reduction Demonstration Grant Program. See Match Requirements and Costs Chart in Section 3

III.C, Cost Sharing or Matching. 4

4. Healthy Homes Supplemental Request to Promote and Develop Healthy Housing 6 Programs (LBPHC Applicants Only). Applicants to the LBPHC Grant Program only may 7 request a Healthy Homes Supplemental request of up to $200,000 in additional funds above and 8 beyond the LBPHC requested amount to assist in the identification and remediation of multiple 9 housing-related health hazards with lead hazard control intervention work using the Healthy 10

Homes Rating System (see 11 http://portal.hud.gov/hudportal/HUD?mode=disppage&id=HHRS_NEW). 12

The Healthy Homes Supplemental Request is an additional amount distinct from the 14 requested LHPHC amount and must be treated as such. For example, if you are requesting 15

$2,300,000 for the LBPHC Grant Program and $200,000 for the promotion of healthy housing, 16 your total requested funding amount to be identified on the SF424 would be $2,500,000. 17

5. Period of Performance. The maximum period of performance for any grant program under 19 this NOFA is 36 months. 20

6. Funding Amount. The maximum funding amount per award for LBPHC is $2,300,000, 22 excluding the Healthy Homes Supplemental Request amount; the maximum funding per award 23 for LHRD is $3,000,000. 24

7. Ineligible Applications for Review. Applications requesting federal funding over the 26 maximum amount per award for the program to which you are applying will not be eligible for 27 review. Applicants must clearly document the requested federal funding amount on line 18a of 28 the SF424, Application for Federal Assistance, and the form HUD_424_CBW: HUD Detailed 29

Budget Worksheet including Total Budget. 30

8. Information on Application. The application for this NOFA is available at 32 www.Grants.gov. 33

FULL TEXT OF ANNOUNCEMENT 35

I. FUNDING OPPORTUNITY DESCRIPTION 37

A. Program Description. 39

Authority. The Lead-Based Paint Hazard Control Grant Program (LBPHC) and the Lead 41

Hazard Reduction Demonstration Grant Program (LHRD) are authorized by Section 1011 of the 42

Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and 43

Community Development Act of 1992, Public Law 102-550). Applicants under the LBPHC 44 program only may also apply for Healthy Homes Supplemental funding, intended to promote and 45 develop healthy housing programs. 46 http://portal.hud.gov/hudportal/HUD?mode=disppage&id=HHRS_NEW

Purpose. The overarching purpose of the Lead-Based Paint Hazard Control Grant Program and 2 the Lead Hazard Reduction Demonstration Grant Program is to assist states, cities, 3 counties/parishes, Native American Tribes or other units of local government in undertaking 4 comprehensive programs to identify and control lead-based paint hazards in eligible privately 5 owned rental or owner-occupied housing; the Lead Hazard Reduction Demonstration Grant 6

Program is targeted to urban jurisdictions with the greatest lead-based paint hazard control needs. 7

These two programs are administered under HUD’s Office of Healthy Homes and Lead Hazard 8

Control (OHHLHC) which is aligned with HUD’s 2012-2015 Environmental Justice Strategy. 9

The Environmental Justice Strategy addresses environmental and human health issues that 10 disproportionately affect high-risk communities, such as minorities, low-income populations, 11 children, and persons with disabilities. For more information about HUD’s Environmental 12

Justice Strategy, refer to the website at: 13 http://portal.hud.gov/hudportal/documents/huddoc?id=envjustice.pdf. 14

Applicants receiving an award will accomplish the following objectives: 16

a. Maximize both the number of children less than six years of age protected from lead 18 poisoning and the number of housing units where lead hazards are controlled; 19

b. Target lead hazard control efforts in housing in which children are at greatest risk of lead 21 poisoning, especially children in low-income and minority families, in order to reduce elevated 22 blood lead levels in children less than six years of age; 23

c. Promote cost-effective lead hazard control methods and approaches that can be replicated, 25 maintained, and sustained; 26

d. Build local capacity to safely and effectively address lead hazards during lead hazard control 29 and renovation, remodeling, and maintenance activities by integrating lead-safe work practices; 30

e. Promote integration of this grant program with other local programs that address housing 32 related health and safety hazards; 33

f. Affirmatively further fair housing. Note that beyond being an “objective” of this NOFA, 36 affirmatively furthering fair housing is a civil rights related program requirement. Please refer to 37

FY2013 Sections III.C.4.b.(3)(4) and (6) of the General Section and Sections V.A.3.a(1) and 38

V.A.3.e(3) of this NOFA for additional guidance on this requirement; 39

g. Develop a comprehensive community-based approach to address lead hazards in housing by 41 mobilizing public and private sector resources including grassroots community-based non-profit 42 and faith-based organizations; 43

h. Promote collaboration, data sharing, and targeting between health and housing departments; 46 http://portal.hud.gov/hudportal/documents/huddoc?id=envjustice.pdf

i. Establish a system or process that will facilitate lead-safe units to be affirmatively marketed, 2 and priority given, to families with young children; 3

j. To the greatest extent feasible, ensure job training, employment, contracting, and other 6 economic opportunities generated by this grant will be directed to low- and very-low income 7 persons, particularly those who are recipients of government assistance for housing, and to 8 business concerns that provide economic opportunities to low- and very low-income persons in 9 the area in which the project is located. For more information, see 24 CFR Part 135 and section 10

III.C.4.d of the FY 2013 General Section; and 11

k. Further environmental justice, the fair treatment and meaningful involvement of all people 13 regardless of race, color, national origin, disability, or income with respect to the development, 14 implementation, and enforcement of environmental laws, regulations, and policies. Furthermore, 15 recipients under this NOFA are subject to Section 504 of the Rehabilitation Act of 1973 16

(“Section 504”) and its implementing regulations at 24 CFR Part 8, and they are subject to Titles 17

II and III of the Americans with Disabilities Act, as applicable. Each of these prohibits 18 discrimination on the basis of disability. 19

(Seehttp://www.hud.gov/offices/cpd/environment/review/justice.cfm and related pages, 21 including a discussion of Executive Order 12898, Federal Actions to Address Environmental 22

Justice in Minority Populations and Low-income Populations) 23

B. Changes in the FY2013 NOFA. 25

1. Clarification of Match Requirements. Additional points will not be awarded for match 27 above the required statutory amount. Applicants will be required to document and provide 28 match to meet the statutory match requirement for the grant program to which they are applying. 29

See Match Requirements and Costs Chart in Section III.C, Cost Sharing or Matching. 30

2. Human Subjects Research. Regarding grantee-developed research, funds should not be 32 used if research could affect human subjects. If HUD conducts research involving the grant, 33 whether or not the research could affect human subjects, the grantee is required to cooperate with 34

HUD, which may require that the grantee expends funds. 35

3. Consolidated Plans. Applicants will only need to provide one Form_HUD2991, except for 37 to Native American Tribes whose grant-funded activities are not located in jurisdictions with a 38

Consolidated Plan, who need not provide the form. Related submittal requirements are provided 39 in this NOFA. 40

4. HUD’s Policy Priorities. The language was revised to better fit the activities under this grant 42 program. 43

5. Rating Factor Points. The points awarded for each Rating Factor have been revised. Bonus 45 points were removed for the EC/RC/EZ zone consideration, which does not apply to this NOFA. 46 http://www.hud.gov/offices/cpd/environment/review/justice.cfm

II. AWARD INFORMATION: 2

A. Funding Available. Based on enactment of the FY2013 HUD appropriations, approximately 4

$ million is available for programs included in this NOFA. Of this amount, approximately $ 5 million is available for the Lead-Based Paint Hazard Control Program and $ million for the Lead 6

Hazard Reduction Demonstration Grant Program. 7

1. Grant Award Amounts. The chart below describes the maximum amount of each grant 9 award and period of performance for the programs in this NOFA. Additional points will not be 10 awarded for match. Applicants will be required to document and provide match to meet the 11 statutory match requirement for the grant program to which they are applying. See Section III.C 12 for clarification on what constitutes eligible matching resources. For applications making a 13

Healthy Homes Supplemental Request in excess of $200,000, if approved, the awarded amount 14 will be reduced to $200,000. 15

Maximum Grant Award Amounts and Period of Performance

Program Grant Award

Amount

Healthy Homes

Supplemental

Request

Maximum

Award Amount

Period of

Performance

Lead Based Paint

Hazard Control

(CFDA 14.900)

$2,300,000 $200,000 $2,500,000 36 months

Lead Hazard

Reduction

Demonstration

(CFDA 14.905)

$3,000,000 n/a $3,000,000 36 months

2. Award Date. The award date for grants will be approximately 180 days from publication of 18 the Notice of Funding Availability in the Federal Register. 19

3. Period of Performance. The period of performance shall be 36 months for all applicants 21 funded under this NOFA. Extensions to the period of performance will be considered by HUD 22 in accordance with 24 CFR 85.30(d)(2), published policy guidance and the OHHLHC Grantee 23

Program Guide. Such extensions, when granted, are one-time only, and for no more than a 24 period of one year from the original period of performance end date. 25

B. Collaboration with Other Partners. All applicants are encouraged to enter into formal 28 arrangements with partners, such as community-based non-profit organizations, and faith-based 29 or other community-based organizations. These formal arrangements could be in the form of a 30 contract, a Memorandum of Understanding (MOU), a Memorandum of Agreement (MOA), or a 31 letter of commitment. Such relationships must be established prior to the actual execution of an 32 award or be contingent upon award, becoming effective within 60 days after award. 33

III. ELIGIBLE APPLICANTS. See the FY2013 General Section for additional eligibility 35 requirements applicable to HUD Programs. 1

A. Who May Apply: 3

1. States, cities, counties/parishes, Native American Tribes or other units of local government 4 are eligible to apply for funding under this NOFA. Multiple units of a local government (or 5 multiple local governments) may apply as a consortium; however, a principal (lead) applicant 6 must be identified that will be responsible for ensuring compliance with all requirements 7 specified in this NOFA. Where an application involves multiple entities, each entity must meet 8 the civil rights threshold requirement of Resolution of Outstanding Civil Rights Matters. State 9 government and Native American tribal applicants must have an Environmental Protection 10

Agency (EPA) authorized lead-based paint training and certification program (see 11 http://www.epa.gov/lead/pubs/traincert.htm). 12

2. If you are a housing agency, community development corporation or redevelopment 14 authority, or any other entity that is not the executive office or a department of a Native 15

American Tribe, state, city, county/parish, or other unit of local government, you must identify 16 the government of which you are a part, and submit for review the specific statutory and other 17 documents to demonstrate that you are a part of that government, rather than a separate entity. A 18 document publicly posted on the Internet (i.e., without a password or encryption) may be 19 submitted by providing the title and the web address (URL) in place of a scanned version of the 20 document. If the documentation is not available, the above listed agencies are not eligible to 21 apply for funding under this NOFA. 22

B. Who May Not Apply: 25

1. FY2012 Awardees. Applicants that received an award under the FY2012 NOFA cycle for 26 any of the programs in this NOFA (i.e., the LBPHC or LHRD programs) are not eligible to apply 27 to any program in this NOFA. 28

2. Grantees with Performance Deficiencies. Existing Grantees with the following 30

Performance Deficiencies are not eligible to apply to any program in this NOFA: 31

a. Applicants that have been designated as high risk for any of their existing OHHLHC grants 34 or subgrants at the submission deadline are ineligible for a grant. 35

b. Applicants that have a Red performance designation from the OHHLHC for any existing 37

OHHLHC grant(s) for the two previous consecutive quarters ending on or before the submission 38 deadline are ineligible to apply under this grant program. 39

C. Cost Sharing or Matching: 41

1. Minimum Match Requirement. Both programs in this NOFA include a statutory match 43 requirement. The chart below describes the match percentage requirement, minimum percentage 44 of federal funds for lead hazard control activities, and maximum administrative cost (as a 45 percentage of federal funds). For LBPHC applicants, the minimum match requirement of 10 46 http://www.epa.gov/lead/pubs/traincert.htm percent applies to the federal requested amount, excluding the Healthy Homes Supplemental 1

Request amount. Applications will not be reviewed or funded if they do not meet the minimum 2 statutory match requirement for the program in which the request was made. 3

2. Matching Funds Evaluation. Applicants must provide clear documentation of the source 5 and use of all eligible match funds. Failure to document match contributions in accordance with 6 the requirements set forth in this NOFA (i.e., documented eligible sources of match funding and 7 eligible uses of match funding) will adversely affect the rating of your application, and may 8 result in your application being deemed ineligible if minimum match requirements are not met. 9

Match Requirements and Costs

Program Minimum Match

(of federal request)

Lead Hazard Control

Costs

Administrative Costs

Lead Based Paint

Hazard Control

(CFDA 14.900)

10 percent

(excluding the HH

Supplemental request)

Minimum 65 percent Maximum 10 percent

Lead Hazard

Reduction

Demonstration

(CFDA 14.905)

25 percent Minimum 80 percent Maximum 10 percent

The Matching Contribution Table provided below is for your reference. In a similar table, 14 indicate the source, proposed eligible uses and amounts of match committed on the SF424 and 15 form HUD-424-CBW. Add additional rows to the table as needed. 16

Matching Contribution Table. 18

Eligible Match Source

(e.g., CDBG, in-kind, etc.)

Eligible Match Use (e.g., relocation, direct lead hazard control interventions, outreach, etc.)

Match Amount

Committed

3. Evidence of match commitment. The applicant must provide documentation of all match 20 indicated on the SF424 and the form HUD-424-CBW by letters of firm commitment, such as 21

Memoranda of Understanding or other signed agreements from those entities identified as 22 partners in the application. Matching contributions must be shown to be used specifically for 23 allowable program costs and come from allowable non-federal sources—both the source of the 24 funds and use of the funds must comply with the requirements of this NOFA. The Department 25 will track and monitor all match commitments according to Office of Management and Budget 26

(OMB) and program requirements. 27

As noted in the FY2013 General Section, applicants should refer to applicable Office of 29

Management and Budget (OMB) circulars, particularly those with respect to the funds used or 30 proposed to be used to satisfy this requirement. Applicants should also note in 24 CFR 85.24, 31 except as provided by Federal statute, a cost sharing or matching requirement may not be met by 32 costs borne by another federal grant; the source of the match must be state or local (i.e., non- 1 federal). In addition, the proposed use of matching funds must be for those costs allowable under 2 the federal award. 3

Proposed matching commitments that are not eligible, such as either from funding sources that 5 are federal (e.g. HOME or Weatherization Assistance Program funds) or are not committed for 6 allowable uses (e.g., rehabilitation, code compliance, etc.), will not be counted towards satisfying 7 the match requirements of the programs in this NOFA. NOTE: Community Development 8

Block Grant (CDBG) funds are considered local funds and may be used as match to satisfy the 9 matching resource requirements of this NOFA provided they are specifically designated for the 10 activities and costs allowed in this NOFA. In addition, CDBG funds used must be in the CDBG 11 recipient’s annual action plan indicating that the CDBG funds were being used for the purpose 12 stated in the applicant’s application. HOME funds, and all other funds that prohibit their use to 13 satisfy federal matching requirements, may not be used to satisfy match requirements of this 14

NOFA. All letters of commitment MUST clearly identify the source and proposed uses of 15 matching funds being committed. 16

4. Permissible Match Contributions. Examples of eligible sources that are permissible as 18 match contributions may include: 19

a. Documentation of Contributions from Property Owners. For the share of the cost of 21 eligible lead hazard control work contributed by a homeowner or landlord, detailed 22 documentation of the cost incurred by the homeowner or landlord will be necessary after award 23 and during the period of performance of the grant. Owner contributions are limited to that which 24 can be supported and verified by a third party, such as materials paid for and provided by the 25 owner or labor that the owner paid and can substantiate via receipts/records. Labor contributed 26 by the owner must be verified by a third party and valued at market rates. NOTE: The applicant 27 will be responsible for providing the total amount of the match dollars for proposed contributions 28 from property owners if these contributions are not received during the period of performance of 29 the grant. Match dollars must be provided during the period of performance. Such funds may not 30 come from other OHHLHC funds and must conform to the limitations on use of federal funds for 31 this purpose. 32

b. Donations. The value of items, such as paint and other materials or equipment that are used 34 for lead-based paint hazard control, must be established at market rates. 35

c. Discounts. For services or products provided at a discounted rate, the discounted part of the 38 fee or price is the eligible match. For example: if a supply company provides a product to the 39 contractor at a lower rate, the difference in the cost of the product the supplier would typically 40 charge and the discounted rate is an eligible match. 41

d. Third Party In-Kind Contributions. See 24 CFR 85.24 for additional information on third 43 party in-kind contributions. 44

D. Other Requirements. 1

1. Threshold Requirements. Applicants must meet the threshold Requirements in the FY2013 2

General Section, Section III.C.2, as well as the threshold requirements listed in this subsection. 3

a. Only eligible applications as defined in Section III, Eligible Applicants, above, will be 5 reviewed for compliance with threshold requirements. 6

b. Applications requesting federal funding over the maximum amount per award for the 8 program to which you are applying (excluding the HH Supplemental Request for LBPHC 9 applicants) will not be eligible for review. Applicants must clearly document the requested 10 federal funding on line 18a of the SF424, Application for Federal Assistance, and the form 11

HUD_424_CBW: HUD Detailed Budget Worksheet including Total Budget. 12

c. An application must meet or exceed the match percentage requirement for the program they 15 are applying under , as described in Section III.C, Cost Sharing or Matching, above, to be 16 reviewed. 17

d. Applicants must submit each of the required application documents as indicated in Section 19

IV.B, below, for their applications to meet threshold requirements and be reviewed. 20

e. Applications must receive a total score of at least 75 points to be considered for funding. 23

f. Targeted Funding for LHRD Applicants. Applicants seeking funding under the Lead Hazard 25

Reduction Demonstration (LHRD) Grant Program, which is targeted to urban jurisdictions, in 26 addition to the requirements in Section III.A., above, must have at least 3,500 pre-1940 occupied 27 rental housing units (either alone or through a consortium), as listed at the Census website. 28 http://factfinder2.census.gov/faces/nav/jsf/pages/index.xhtml. 29

2. Program Requirements. 32

a. Trained and Certified Professionals. Funded activities must be conducted by persons 33 qualified for the activities according to 24 CFR part 35, subparts B–R (possessing certification as 34 risk assessors, inspectors, abatement supervisors, abatement workers, or sampling technicians; or 35 certified renovator (for workers and supervisors performing non-abatement work), as applicable. 36

Any abatement activities conducted under either of these grant programs require certified 37 abatement supervisor and certified abatement worker credentialing. Each certified person must 38 work for an appropriately certified firm, e.g., a certified risk assessment, certified inspection, 39 certified abatement or certified renovation firm. 40

b. Compliance with HUD Regulations and Guidelines. Lead hazard evaluation and control 42 work must be conducted in compliance with HUD’s Lead Safe Housing Rule, the current HUD 43

Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (current 44

HUD guidelines; 45 http://portal.hud.gov/hudportal/HUD?src=/program_offices/healthy_homes/lbp/hudguidelines), 46 http://factfinder2.census.gov/faces/nav/jsf/pages/index.xhtml http://portal.hud.gov/hudportal/HUD?src=/program_offices/healthy_homes/lbp/hudguidelines and applicable federal, state and local regulations and guidance, including, but not limited to the 1

EPA’s Renovation, Repair, and Painting (RRP) Rule (found within 40 CFR 745; see 2 http://www.epa.gov/lead/pubs/renovation.htm). You must not engage in the following prohibited 3 practices when conducting Lead Hazard Control work: 4

(1) Open flame burning or torching; 5

(2) Machine sanding or grinding without a high-efficiency particulate air (HEPA) 6 exhaust control; 7

(3) Uncontained hydro blasting or high-pressure washing; 8

(4) Abrasive blasting or sandblasting without HEPA exhaust control; 9

(5) Heat guns operating above 1,100 degrees Fahrenheit or that char paint; 10

(6) Chemical paint strippers containing methylene chloride or other volatile hazardous 11 chemicals in a poorly ventilated space; and 12

(7) Dry scraping or dry sanding, except scraping in conjunction with heat guns or around 13 electrical outlets or when treating no more than two square feet in any one interior room or 14 space, or totaling no more than 20 square feet on exterior surfaces. 15

c. Testing. All testing and sampling shall comply with the Lead Safe Housing Rule and 17 conform to the current current HUD guidelines, the EPA lead hazard standards at 40 CFR part 18

745, and federal, state, or tribal regulations developed as part of the appropriate contractor 19 certification program, whichever is most stringent. 20

(1) Lead-Based Paint and Lead-Based Paint Hazard Identification. A complete 21 lead-based paint inspection, lead hazard risk assessment, and report are required for all properties 22 enrolled under this program. Presumption of the presence of lead-based paint or lead-based paint 23 hazards is not allowed. Paint inspections and risk assessments must follow the procedures as 24 defined in the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in 25

Housing and as defined by the policies of the OHHLHC Lead Based Paint Hazard Control 26

Program. 27

(2) Clearance Testing. If rehabilitation is performed in conjunction with lead hazard 28 control, clearance may be conducted either after the lead hazard control work is completed, and 29 again after any subsequent rehabilitation work is completed, or after all of the lead hazard control 30 and rehabilitation work is completed. In either case, clearance must be successfully completed 31 before re-occupancy. 32

d. Blood Lead Testing. Each child under six years of age should be tested for lead poisoning 34 within the six months preceding the lead hazard control work. Any child with an elevated blood 35 lead level must be referred for appropriate medical follow-up. The standards for such testing are 36 described in the U.S. Centers for Disease Control and Prevention (CDC) publications Preventing 37

Lead Poisoning in Young Children (1991), and Screening Young Children for Lead Poisoning: 38

Guidance for State and Local Public Health Officials (1997). See also, the CDC Response to 39

Advisory Committee on Childhood Lead Poisoning Prevention Recommendations in “Low Level 40

Lead Exposure Harms Children: A Renewed Call of Primary Prevention” (2012). 41

e. Cooperation with Related Research and Evaluation. You must cooperate fully with any 43 research or evaluation sponsored by HUD or another government agency associated with this 44 grant program, including preservation of project data and records and compiling requested 45 information in formats provided by the researchers, evaluators or HUD. This also may include 46 http://www.epa.lead/pubs/renovation.htm http://www.cdc.gov/nceh/lead/ACCLPP/CDC_Response_Lead_Exposure_Recs.pdf http://www.cdc.gov/nceh/lead/ACCLPP/CDC_Response_Lead_Exposure_Recs.pdf http://www.cdc.gov/nceh/lead/ACCLPP/CDC_Response_Lead_Exposure_Recs.pdf the compiling of certain relevant local demographic, dwelling unit, and participant data not 1 contemplated in the original proposal. Participant data shall be subject to the Privacy Rule of the 2

Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA and the Privacy 3

Rule can be found at http://www.hhs.gov/ocr/privacy/. For the programs in this NOFA, HUD 4 does not expect research to be conducted that could affect human subjects. 5

f. Data Collection. You shall collect, maintain, and provide to HUD the data necessary to 7 document and evaluate grant program outputs and outcomes. 8

g. Economic Opportunities for Low- and Very Low-Income Persons (Section 3). Section 3 11 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701u) is applicable to grants 12 funded under this program NOFA (see 24 CFR 135.3(a)(2)(i)). The purpose of Section 3 is to 13 ensure that new training, employment or contracting opportunities created during the grant will 14 be directed to low- and very low-income persons residing in the target area and to eligible 15 businesses that substantially employ and/or train such persons, to the greatest extent feasible. If 16 the grantee plans to hire any new employees or award contracts to carry out the grant, it must 17 comply with the Section 3 requirements found at 24 CFR 135.32. Additionally, any contractor, 18 subcontractor or sub-grantee receiving contracts under the grant totaling more than $100,000 19 must comply with the Section 3 requirements for any new training, hiring or sub-contracting 20 opportunities provided under those contracts. Also, all grantees that receive awards exceeding 21

$200,000 are required to comply with Section 3. Please refer to 24 CFR part 135, subparts B and 22

E, and to Section III.C.4.d of the FY2013 General Section, for additional information. 23

h. Replacing Existing Resources. Funds received under the grant programs covered under this 25

NOFA shall not be used to replace existing community resources dedicated to any ongoing 26 project. 27

i. Code of Conduct. Prior to entering into a grant agreement with HUD, successful applicants 29 will be required to submit a copy of their organization’s Code of Conduct and describe the 30 methods they will use to ensure that all officers, employees, and agents of their organization are 31 aware of their Code of Conduct. An organization that submitted an application during Fiscal 32

Years 2011 or 2012 will not be required to submit another copy provided that their Code of 33

Conduct is current, and is listed on HUD’s Code of Conduct website: 34 http://www.hud.gov/offices/adm/grants/codeofconduct/cconduct.cfm. 35

j. Coordination among Critical Agencies. HUD encourages participation in statewide or 38 jurisdiction-wide strategic plans to eliminate childhood lead poisoning as a major public health 39 problem, or to assist in the development of a plan if your state or locality does not have such a 40 plan. Additionally, HUD encourages you to enter into collaborative arrangements with 41 childhood lead poisoning prevention programs, health agencies, housing agencies, community 42 development agencies, weatherization assistance agencies, community-based language assistance 43 organizations, fair housing organizations and code enforcement agencies (or equivalent) for your 44 target area(s). Also, we encourage grantees to work with State Medicaid agencies to collaborate 45 in conducting inspections of properties where a child has an elevated blood lead level. 46 http://www.hhs.gov/ocr/privacy/ http://www.hud.gov/offices/adm/grants/codeofconduct/cconduct.cfm.

k. Institutional Review Board (IRB).For the programs in this NOFA, funds should not be 2 used for research that could affect human subjects. 3

l. Waste Disposal. Applicants must handle waste disposal according to the requirements of the 6 appropriate local, state, and federal regulatory agencies. Applicants must handle disposal of 7 wastes from hazard control activities that contain lead-based paint, but are not classified as 8 hazardous in accordance with state or local law or the current HUD guidelines. The Guidelines 9 are available from the HUD website: 10 http://www.hud.gov/offices/lead/lbp/hudguidelines/index.cfm. 11

m. Worker Protection Procedures. Applicants must observe the procedures for worker 13 protection established in the current HUD guidelines, as well as the requirements of the 14

Occupational Health and Safety Administration (OSHA) (in particular, 29 CFR 1926.62, Lead 15

Exposure in Construction), or the state or local occupational safety and health regulations, 16 whichever are most protective. If other applicable requirements contain more stringent 17 requirements than the current HUD guidelines, the more rigorous standards must be followed. 18

n. Temporary Relocation. HUD expects that most temporary displacement (relocation) for 20 lead hazard control work would be for 10 days or less. Assisting temporary relocation of 21 families forced to vacate housing while lead hazard reduction measures are being conducted is an 22 eligible activity of the programs described in this NOFA. Tenant-occupants forced to vacate 23 housing while lead hazard reduction measures are being conducted pursuant to a program 24 described in this NOFA must be treated fairly and equitably. Such tenant-occupants are entitled 25 to receive temporary relocation assistance pursuant to the Uniform Relocation Assistance and 26

Real Property Acquisition Policies Act of 1970 (URA), 42 U.S.C. §§ 4601-4655, as described in 27 regulations at 49 CFR 24.2(a)(9)(ii)(D) and the corresponding Appendix A to Part 24. If 28 temporary relocation of a tenant-occupant lasts beyond one year, such tenant must be offered 29 permanent relocation assistance as a displaced person. Owner-occupants temporarily relocating 30 while lead hazard reduction measures are conducted pursuant to a program described in this 31

NOFA are not entitled to URA relocation assistance. You can access these regulations from the 32

Government Printing Office website at http://www.gpoaccess.gov/cfr/index.html. When tenant 33 occupants with physical disabilities are temporarily relocated, they must be offered housing that 34 can be approached, entered, and used by persons with physical disabilities . For additional 35 information on relocation requirements, see section III.C.4.i of the FY2013 General Section and 36

HUD Handbook 1378 (―Real Estate Acquisition and Relocation Policy and Guidance). 37

o. Notification Requirements. All lead-based paint testing results, summaries of lead-based 39 paint hazard control treatments, and clearances must be provided to the owner of the unit, 40 together with a notice describing the owner’s legal duty to disclose the results to tenants and 41 buyers (see 24 CFR 35.88 of the Lead Disclosure Rule). Grantees shall ensure that this 42 information is provided in a manner that is effective for persons with disabilities (24 CFR 8.6) 43 and that persons with limited English proficiency (LEP) will have meaningful access to it (see 44

Executive Order 13166 and Section III.C.4.c of the FY2013 General Section). 45

Grant files must contain verifiable evidence of providing lead hazard evaluation and control 46 http://www.hud.gov/offices/lead/lbp/hudguidelines/index.cfm http://www.gpoaccess.gov/cfr/index.html reports to owners and tenants, such as a signed and dated receipt. Applicants should also 1 describe how they will provide owners with lead hazard evaluation and control information 2 generated by activities under this grant, so that the owner can comply with the Lead Disclosure 3

Rule (24 CFR part 35, subpart A, or the equivalent 40 CFR part 745, subpart F), the Lead Safe 4

Housing Rule (24 CFR part 35, subparts B–R), and the EPA’s Renovation, Repair, and Painting 5

(RRP) Rule (see 40 CFR 745 and http://www.epa.gov/lead/pubs/renovation.htm.) 6

p. Consolidated Plans.(This requirement does not apply to Native American Tribes whose 8 grant-funded activities are not located in jurisdictions with a Consolidated Plan.) The applicant 9 only needs to provide one Form_HUD2991. By signing the certification, the applicant certifies 10 that the work will be conducted in accordance with their, and other jusisdictions’ Consolidated 11

Plans for areas where the project will be carried out. Applicants must submit, as an attachment, 12 the current lead-based paint element from their approved Consolidated Plan. In lieu of 13 submitting a scanned copy of the lead-based paint element from the current Consolidated Plan, 14 you may substitute a web site address where the Consolidated Plan is located, and identify the 15 location of the lead-based paint element within the Plan (e.g., section/subsection number, page 16 number). The website must contain the lead-based paint element of the current Consolidated 17

Plan. Be sure to verify the web address is active. If you do not include a scanned copy of the 18 lead-based paint element, or if you refer to a web site that is not active or does not contain the 19 element when your application is reviewed, you will receive no credit for this Consolidated Plan 20 requirement. If the jurisdiction does not have a currently approved Consolidated Plan, but is 21 otherwise eligible for LBPHC and LHRD grant programs, you must include the jurisdiction’s 22 abbreviated Consolidated Plan, which includes a lead-based paint hazard control strategy 23 developed in accordance with 24 CFR 91.235. 24

q. Grantee Required Trainings. Applicants awarded under this NOFA will be required to 26 attend a one time, New Grantee Orientation and an annual Program Manager School. If your 27 grant agreement is not signed prior to the New Grantee Orientation, costs incurred to attend the 28

New Grantee Orientation are allowable in accordance with OMB’s regulation on cost principles 29 for State, local, and Indian tribal governments (2 CFR 225, especially Appendix B to part 225, 30

Selected Items of Cost, sections 31, Pre-award costs, and 43, Travel costs) and selected 31 applicants will be reimbursed for costs related to the new Grantee Orientation after the award 32 agreement is signed. HUD reserves the right to disallow costs that are not reasonable, allowable 33 and allocable in accordance with OMB Cost Principles. 34

r. Written Policies and Procedures. Awardees will be required to develop written policy and 36 procedures during the start up period of the new award. The policies and procedures should 37 describe how your program will handle items such as, but not limited, to; procurements 38

(contracting), unit eligibility, unit selection and prioritization, all phases of lead hazard 39 evaluation and control, including risk assessments, inspections, development of specifications for 40 contractor bids, pre-hazard control blood lead testing, financing, temporary relocation and 41 clearance examinations. Grantees, sub-contractors, sub-grantees, sub-recipients, and their 42 contractors must adhere to these policies and procedures. 43

s. Continued Availability of Lead-Safe Housing to Low-Income Families. Units in which 45 lead hazards have been controlled under this program shall be occupied by or continue to be 46 http://www.epa.gov/lead/pubs/renovation.htm available to low-income residents as required by Title X (see section VIII.B in this NOFA). The 1 applicant is to describe previous efforts, if applicable, to maintain a registry (listing) of low- 2 income units in which lead hazards have been controlled (often called “lead-safe units”) as a 3 result of previous activities, and plans in conjunction with this grant for continuing an existing 4 registry or establishing a new registry, and procedures for ensuring that these units are 5 affirmatively marketed at turnover targeting low-income families with children less than six 6 years of age. 7

t. Environmental Requirements. 10

(1) Recipients of funding under this NOFA must comply with 24 CFR part 58, 11

Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities, 12 and must carry out environmental review responsibilities as a responsible entity under part 58. 13

Recipients must also meet environmental justice requirements noted earlier in the NOFA. 14

(2) Recipients of funding under this NOFA may conduct lead inspections and risk 15 assessments prior to receiving Environmental Review Clearance under the exemption allowed in 16

24 CFR 58.34(a)(5), which states that inspections and testing of properties for hazards or defects 17 are exempt activities. 18

u. Standards for Laboratory Analysis. All laboratory analysis in support of required testing 20 and evaluation under this NOFA must be conducted by a laboratory recognized for the analysis 21 by the EPA National Lead Laboratory Accreditation Program (NLLAP; 22 http://www.epa.gov/lead/pubs/nllap.htm.) 23

v. Control/Elimination Strategies. All lead-based paint hazards identified in housing units 25 and in common areas of multifamily housing enrolled in this grant program must be controlled or 26 eliminated by either of the following strategies or a combination of the two: 27

(1) Interim Controls. In accordance with the current HUD guidelines, interim controls 28 of lead-based paint hazards including lead-contaminated dust and soil in housing must include 29 specialized cleaning techniques to address lead dust. 30

(2) Abatement. Lead-based paint hazard abatement; however, see the restrictions on 31 conducting paint abatement in Section III.D.3.b(2)(b), Lead-Based Paint Abatement, below. 32

w. Compliance with Section 504 of the Rehabilitation Act. Facilities that may be used where 34 participants may come for assistance (i.e. intake and enrollment proceedings), pursuant to 35 funding from this NOFA, must be held in facilities that are accessible to persons with disabilities 36 in accordance with Section 504 of the Rehabilitation Act and its implementing regulations at 24 37

CFR Part 8, and with Titles II and III of the Americans with Disabilities Act, as applicable. Also, 38 all trainings and educational courses conducted pursuant to funding from this NOFA must be 39 held in facilities that are accessible to persons with disabilities. Where physical accessibility is 40 not achievable, recipients and sub recipients must give priority to alternative methods of product 41 delivery that offer such activities to qualified individuals with disabilitiesin the most integrated 42 setting appropriate in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. § 794) 43 and its implementing regulations at 24 CFR Part 8, and with Titles II and III of the Americans 44 with Disabilities Act, as applicable. Grantees shall also ensure that information and 45 communications related to all activities conducted pursuant to this NOFA must be provided in a 46 http://www.epa.gov/lead/pubs/nllap.htm manner that is effective for persons with hearing, visual, and other communication-related 1 disabilities. See 24 CFR 8.6. Further, HUD encourages its funding recipients to adopt the goals 2 and objectives of Section 508 of the Rehabilitation Act by ensuring, whenever electronic 3 information technology (EIT) is used, procured, or developed, that persons with disabilities have 4 access to and use the information and data made available through EIT on a comparable basis as 5 is made available to and used by persons without disabilities. See section III.C.4.f of the 6

General Section for more information 7

x. Other. The requirements above are in addition to all other applicable requirements, 9 including the fair housing and non-discrimination requirements specified in section III.C.4 of the 10

FY 2013 General Section. 11

3. Additional Program Requirements. 12

a. Allowable Costs and Activities. This section applies to both grant programs unless 13 otherwise specified. For each kind of organization, a set of Federal principles determines 14 allowable costs. Allowable costs shall be in accordance with the cost principles applicable to the 15 organization incurring the costs. Specifically, OMB Circular A-87 (2 CFR 225) - Cost Principles 16 for State, Local, and Indian Tribal Governments, can be accessed at the White House website, 17 http://www.whitehouse.gov/omb/circulars/index.html. 18

b. Lead Hazard Control Direct Costs. Lead hazard control direct costs are defined as costs 20 specifically related to the performance of lead hazard control activities, as defined below. When 21 preparing the budget, you must document how at least 65 percent of the requested grant amount 22 for the Lead-Based Paint Hazard Control Grant program, or at least 80 percent of the requested 23 grant amount for the Lead Hazard Reduction Demonstration Grant Program is dedicated 24 specifically for lead hazard control activities. Lead hazard control activities are defined as: 25

(1) Performing lead dust, soil and paint-chip testing, lead-based paint inspections, risk 26 assessments, clearance examination, and engineering and architectural activities that are required 27 for, and in direct support of, interim control and lead hazard control work, of eligible housing 28 units constructed prior to 1978 to determine the presence of lead-based paint and/or lead hazards 29 from paint, dust, or soil through the use of acceptable testing procedures. 30

(2) The control or elimination of all lead-based paint hazards identified in housing units 31 and in common areas of multi-family housing by either of the following strategies (or a 32 combination), including: 33

(a) Interim Controls. According to the current HUD guidelines for the 34

Evaluation and Control of Lead-Based Paint Hazards in Housing (“current HUD guidelines”), 35 interim controls of lead-based paint hazards (including paint-lead hazards, dust-lead hazards and 36 soil-lead hazards) in housing must include specialized cleaning techniques to address associated 37 lead dust.