fy2012 lhc-lhrd nofa.pdf

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1

Docket No. [FR-5600-N-04] 2

Notice of Funding Availability for HUD’s Fiscal Year (FY) 2012 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. 7

ACTION: Notice of Funding Availability (NOFA) for HUD’s Fiscal Year (FY) 2012 Lead- 9

Based Paint Hazard Control Grant Program and Lead Hazard Reduction Demonstration Grant 10

Program. 11

SUMMARY: Today’s posting provides information and instructions for the FY2012 Lead- 13

Based Paint Hazard Control (LBPHC) Grant Program and Lead Hazard Reduction 14

Demonstration (LHRD) Grant Program based on funding approved by Appropriations Act, 2012 15

(Public Law 112-55) for the Department of Housing and Urban Development Appropriations 16

Act. This Notice is comprised of the Notice of HUD’s Fiscal Year (FY) 2012 Notice of Funding 17

Availability (NOFA), Policy Requirements and General Section (General Section) to HUD’s 18

FY2012 NOFAs for Discretionary Programs, posted on www.Grants.gov on 19

September 19, 2011, and this program section to the NOFA. 20

The LBPHC and LHRD Programs are authorized by Section 1011 of the Residential Lead- 22

Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community 23

Development Act of 1992, Public Law 102-550). HUD’s FY2012 Notice of Funding 24

Availability Policy Requirements and General Section posted to www.Grants.gov on September 25

19, 2011, establishes threshold and other critical application submission requirements for this 26

NOFA. Applications shall be submitted to www.Grants.gov in accordance with the procedures 27 outlined in the General Section and this NOFA. 28

APPLICATION RECEIPT DEADLINE DATE: The application deadline is 11:59:59 p.m. 30 eastern time on January 18, 2012. Applications must be received by www.Grants.gov no later 31 than 11:59:59 p.m. eastern time on the application deadline date. Only one application will be 32 accepted from any given organization under this NOFA (i.e., apply to either the LBPHC grant 33 program or the LHRD grant program, but not both). If more than one application is received 34 from an organization, the application that was received last by www.Grants.gov that meets the 35 timely receipt requirements will be considered for funding. 36

FOR FURTHER INFORMATION CONTACT: Questions regarding specific program 38 requirements should be directed to the agency contact identified in this program NOFA. 39

Questions regarding the FY2012 General Section should be directed to the Office of Strategic 40

Planning and Management, Grants Management Division at 202-708-0667 (this is not a toll-free 41 number). Persons with hearing or speech impairments may access these numbers via TTY by 42 calling the Federal Relay Service at 800-877-8339. 43

OVERVIEW INFORMATION 45

http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/

A. Federal Agency Name: Department of Housing and Urban Development, Office of Healthy 1

Homes and Lead Hazard Control. 2

B. Funding Opportunity Title: Lead-Based Paint Hazard Control Grant Program and Lead 4

Hazard Reduction Demonstration Grant Program. 5

C. Announcement Type: Initial announcement. 7

D. Funding Opportunity Number: FR-5600-N-04; OMB Approval Number 2539-0015 9

E. Catalog of Federal Domestic Assistance (CFDA) Numbers: 14.900 Lead-Based Paint 11

Hazard Control, and 14.905 Lead Hazard Reduction Demonstration Grant Program. 12

F. Dates: The application deadline is 11:59:59 p.m. eastern time on January 18, 2012. 14

Applications must be received by www.Grants.gov no later than 11:59:59 p.m. eastern time on 15 the application deadline date. Applicants are encouraged to submit their application early to 16 www.Grants.gov to ensure that they can meet the timely receipt requirements. 17

G. Additional Overview Content Information: 19

1. Purpose of the Program. The overarching purpose of the Lead-Based Paint Hazard Control 20

Grant Program and the Lead Hazard Reduction Demonstration Grant Program is to assist states, 21

Native American Tribes, cities, counties/parishes, or other units of local government in 22 undertaking comprehensive programs to identify and control lead-based paint hazards in eligible 23 privately owned rental or owner-occupied housing with the exception that the Lead Hazard 24

Reduction Demonstration Grant Program is targeted to urban jurisdictions with the greatest lead- 25 based paint hazard control needs. 26

2. Available Funds. Based on enactment of the FY2012 HUD appropriations, approximately 28

$106 million is available for programs included in this NOFA. Of this amount, approximately 29

$61 million is available for the Lead-Based Paint Hazard Control Program and $45 million for 30 the Lead Hazard Reduction Demonstration Grant Program. 31

3. Match. A minimum non-federal matching contribution of 10 percent of the Federal funds 33 requested, excluding the Healthy Homes Supplemental request if applicable, is required for the 34

Lead-Based Paint Hazard Control Grant Program, and a minimum non-federal matching 35 contribution of 25 percent of the Federal funds requested is required for the Lead Hazard 36

Reduction Demonstration Grant Program. See Match Requirements and Costs Chart in Section 37

III.C, Cost Sharing or Matching. 38

4. Healthy Homes Supplemental Request to Promote and Develop Healthy Housing 40 Programs (LBPHC Applicants Only). Applicants to the LBPHC Grant Program only may 41 request a Healthy Homes Supplemental Request of up to $200,000 in additional funds above and 42 beyond the LBPHC requested amount to assist in the promotion and development of programs to 43 concurrently identify and address multiple housing-related health hazards with lead hazard 44 control intervention work using the home health and safety rating system as required by the 45

Office of Healthy Homes and Lead Hazard Control and following a healthy homes methodology 46 https://www.rocis.gov/rocis/do/OMBControlNumberHistory?request_id=238666&ombControlNbr=2539-0015 in accordance with the HUD-CDC Healthy Housing Reference Manual 1

(http://www.cdc.gov/nceh/publications/books/housing/housing.htm). The purpose of this 2 funding is to reduce significant health and safety hazards in the home through hazard evaluation 3 and control work done in conjunction with lead hazard control activities. 4

The Healthy Homes Supplemental Request is an additional amount distinct from the requested 5

LHPHC amount and must be treated as such. For example, if you are requesting $2,300,000 for 6 the LBPHC Grant Program and $200,000 for the promotion of healthy housing, your total 7 requested funding amount to be identified on the SF424 would be $2,500,000. 8

5. Period of Performance. The maximum period of performance for any grant program under 10 this NOFA is 36 months. 11

6. Funding Amount. The maximum funding amount per award for LBPHC is $2,300,000, 13 excluding the Healthy Homes Supplemental Request amount; the maximum funding per award 14 for LHRD is $3,000,000. 15

7. Ineligibile Applications for Review. Applications requesting federal funding over the 17 maximum amount per award for the program to which you are applying will not be eligible for 18 review. Applicants must clearly document the requested federal funding on line 18a. of the 19

SF424, Application For Federal Assistance, and the form HUD_424_CBW: HUD Detailed 20

Budget Worksheet including Total Budget. 21

8. Information on Application. The applications for this NOFA is available at 23 www.Grants.gov. 24

FULL TEXT OF ANNOUNCEMENT 27

I. FUNDING OPPORTUNITY DESCRIPTION 29

A. Program Description. 30

1. Authority. The Lead-Based Paint Hazard Control Grant Program (LBPHC) and the Lead 31

Hazard Reduction Demonstration Grant Program (LHRD) are authorized by Section 1011 of the 32

Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and 33

Community Development Act of 1992, Public Law 102-550). Applicants under the LBPHC 34 program only may also apply for Healthy Homes Supplemental funding, intended to promote and 35 develop healthy housing programs. 36

2. Purpose. Funds awarded under this NOFA are intended to assist eligible states, Native 38

American Tribes, cities, counties/parishes, or other units of local government in undertaking 39 comprehensive programs to identify and control lead-based paint hazards in eligible privately 40 owned rental or owner-occupied housing. Funds will be awarded to applicants that will 41 accomplish the following objectives: 42

a. Maximize both the number of children less than six years of age protected from lead 43 poisoning and the number of housing units where lead hazards are controlled; 44 http://www.cdc.gov/nceh/publications/books/housing/housing.htm

b. Target lead hazard control efforts in housing in which children are at greatest risk of lead 1 poisoning, especially children in low-income and minority families, in order to reduce elevated 2 blood lead levels in children less than six years of age; 3

c. Promote cost-effective lead hazard control methods and approaches that can be replicated, 5 maintained, and sustained; 6

d. Build local capacity to safely and effectively address lead hazards during lead hazard control 8 and renovation, remodeling, and maintenance activities by integrating lead-safe work practices; 9

e. Promote integration of this grant program with housing rehabilitation, property maintenance, 11 weatherization, healthy homes initiatives, interventions that address housing-related health 12 hazards other than lead, and energy conservation activities and programs; 13

f. Affirmatively further fair housing (please refer to the FY2012 General Section and Section 15

V.A.3.e(3) in this NOFA for additional guidance on this requirement); 16

g. Develop a comprehensive community-based approach to address lead hazards in housing by 18 mobilizing public and private sector resources including grassroots community-based non-profit 19 and faith-based organizations; 20

h. Promote collaboration, data sharing, and targeting between health and housing departments; 22

i. Establish a system or process that will facilitate lead-safe units to be affirmatively marketed, 24 and priority given, to families with young children; 25

j. To the greatest extent feasible, ensure job training, employment, contracting, and other 27 economic opportunities generated by this grant will be directed to low- and very-low income 28 persons, particularly those who are recipients of government assistance for housing, and to 29 business concerns that provide economic opportunities to low- and very low-income persons in 30 the area in which the project is located. For more information, see 24 CFR Part 135 and section 31

III.C.5.d of the FY 2012 General Section; and 32

k. Further environmental justice, the fair treatment and meaningful involvement of all people 34 regardless of race, color, national origin, or income with respect to the development, 35 implementation, and enforcement of environmental laws, regulations, and policies. (See 36 http://www.hud.gov/offices/cpd/environment/review/justice.cfm and related pages, including a 37 discussion of Executive Order 12898, Federal Actions to Address Environmental Justice in 38

Minority Populations and Low-income Populations) 39

B. Changes in the FY2012 NOFA. 41

1. No Set-aside Funding Specifically for New Applicants. There is no set-aside funding 42 category reserved under the LBPHC Grant Program for ―new applicants‖ (i.e., those that have 43 never before received funding from the Office of Healthy Homes and Lead Hazard Control 44

(OHHLHC) as under the FY2010 LBPHC Grant Program or LHRD Grant Program). All 45 applicants will compete for the amount of funding available including new applicants. 46 http://www.hud.gov/offices/cpd/environment/review/justice.cfm

2. Clarification of Match Requirements. Match or cost sharing requirements in this NOFA 2 have been clarified. See Match Requirements and Costs Chart in Section III.C, Cost Sharing or 3

Matching. 4

II. AWARD INFORMATION: 7

A. Funding Available. Based on enactment of the FY2012 HUD appropriations, approximately 8

$106 million is available for programs included in this NOFA. Of this amount, approximately 9

$61 million is available for the Lead-Based Paint Hazard Control Program and $45 million for 10 the Lead Hazard Reduction Demonstration Grant Program. 11

1. Grant Award Amounts. The chart below describes the maximum amount of each grant 12 award and period of performance for the programs in this NOFA. Eligible match contributions 13 will be evaluated as the percentage of federal funds requested, excluding the Healthy Homes 14

Supplemental request for LBPHC applicants See Section III.C. for clarification on what 15 constitutes eligible matching resources. For applications making a Healthy Homes Supplemental 16

Request in excess of $200,000, if approved, the awarded amount will be reduced to $200,000. 17

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 20 announcement. 21

3. Period of Performance. The period of performance shall be 36 months for all applicants 23 funded under this NOFA. Extensions to the period of performance will be considered by HUD 24 in accordance with 24 CFR 85.30(d)(2), published policy guidance and the OHHLHC Grantee 25

Program Guide. Such extensions, when granted, are one-time only, and for no more than a 26 period of one year from the original period of performance end date. 27

B. Collaboration with Other Partners. All applicants, with the exception of Native American 29

Tribes, are encouraged to enter into formal arrangements with partners, such as community- 30 based non-profit organizations, and faith-based or other community-based organizations. These 31 formal arrangements could be in the form of a contract, a Memorandum of Understanding 32

(MOU), a Memorandum of Agreement (MOA), or a letter of commitment. Such relationships 33 must be established prior to the actual execution of an award or be contingent upon award, 34 becoming effective within 60 days after award. 1

III. ELIGIBLE APPLICANTS. See the FY2012 General Section for additional eligibility 4 requirements applicable to HUD Programs. 5

A. Who May Apply: 7

1. To be eligible to apply for funding under this NOFA, you must be a state, Native American 8

Tribe, city, county/parish, or other unit of local government. Multiple units of a local 9 government (or multiple local governments) may apply as a consortium; however, a principal 10

(lead) applicant must be identified that will be responsible for ensuring compliance with all 11 requirements specified in this NOFA. State government and Native American tribal applicants 12 must have an Environmental Protection Agency (EPA) authorized lead-based paint training and 13 certification program (see http://www.epa.gov/lead/pubs/traincert.htm). 14

2. If you are a housing agency, community development corporation or redevelopment 16 authority, or any other entity that is not the executive office or a department of a Native 17

American Tribe, state, city, county/parish, or other unit of local government, you must identify 18 the government of which you are a part, and submit for review the specific statutory and other 19 documents to demonstrate that you are a part of that government, rather than a separate entity. A 20 document publicly posted on the Internet (i.e., without a password or encryption) may be 21 submitted by providing the title and the web address (URL) in place of a scanned version of the 22 document. If the documentation is not available, the above listed agencies are not eligible to 23 apply for funding under this NOFA. 24

B. Who May Not Apply: 26

1. FY2011 Awardees. Applicants that received an award under the FY2011 NOFA cycle for 27 any of the programs in this NOFA (i.e., the LBPHC or LHRD programs) are not eligible to 28 apply. 29

2. Grantees with Performance Deficiencies. Existing Grantees with the following 31

Performance Deficiencies are not eligible to apply: 32

a. Applicants that have been designated as high risk for any of their existing OHHLHC grants 33 or subgrants at the submission deadline are ineligible for a grant. 34

b. Applicants that have a Red performance designation from the OHHLHC for any existing 36

OHHLHC grant(s) for the two previous consecutive quarters ending on or before the submission 37 deadline are ineligible to apply under this grant program. 38

C. Cost Sharing or Matching: 40

1. Matching Funds Evaluation. HUD will award points for matching resources based on the 41 total amount of resources committed per the table in Rating Factor 4: Matching Resources. In 42 general, the larger the amount of funds or in-kind services that are committed by the applicant, 43 the higher the number of points that will be awarded under Rating Factor 4. Each amount 44 contributed must clearly state the source of the funds and the proposed eligible use, as defined by 45 this NOFA. Failure to adequately or accurately document match contributions will adversely 46 http://www.epa.gov/lead/pubs/traincert.htm affect the rating of your application, and may result in your application being deemed ineligible 1 if minimum match requirements are not met. 2

2. Minimum Match Requirement. Both programs in this NOFA include a requirement for 4 matching funds. The chart below describes the match percentage requirement, minimum 5 percentage of federal funds for lead hazard control activities, and maximum administrative cost 6

(as a percentage of federal funds). For LBPHC applicants, the minimum match requirement of 7

10 percent applies to the federal requested amount, excluding the Healthy Homes Supplemental 8

Request amount. Applications will not be reviewed or funded if they do not meet the minimum 9 match requirement for the program in which the request was made. 10

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

3. Evidence of match commitment. The applicant must provide documentation of all match 14 indicated on the SF424 and the form HUD-424-CBW by letters of firm commitment, such as, 15

Memoranda of Understanding or other signed agreements from those entities identified as 16 partners in the application. Matching contributions must be shown to be used specifically for 17 allowable program costs and come from allowable non-federal sources—both the source of the 18 funds and use of the funds must comply with the requirements of this NOFA. The Department 19 will track and monitor all match commitments according to Office of Management and Budget 20

(OMB) and program requirements. 21

As noted in the FY2012 General Section, applicants should refer to applicable Office of 23

Management and Budget (OMB) circulars, particularly those with respect to the funds used or 24 proposed to be used to satisfy this requirement. Applicants should also note in 24 CFR 85.24, 25 except as provided by Federal statute, a cost sharing or matching requirement may not be met by 26 costs borne by another federal grant; the source of the match must be local (i.e., non-federal). In 27 addition, the proposed use of matching funds must be for those costs allowable under the federal 28 award. 29

Proposed matching commitments that are not eligible, such as either from funding sources 31 that are federal (e.g. HOME or Weatherization Assistance Program funds) or are not committed 32 for allowable uses (e.g., rehabilitation, code compliance, etc.), will not be counted towards 33 satisfying the match requirements of the programs in this NOFA and will not be awarded points 34 during rating of the application per Factor 4. NOTE: Community Development Block Grant 35

(CDBG) funds are considered local funds and may be used as match to satisfy the matching 36 resource requirements of this NOFA provided they are specifically designated for the activities 1 and costs allowed in this NOFA. In addition, CDBG funds used must be in the CDBG 2 recipient’s annual action plan indicating that the CDBG funds were being used for the purpose 3 stated in the applicant’s application. HOME funds, and all other funds that prohibit their use to 4 satisfy federal matching requirements, may not be used to satisfy match requirements of this 5

NOFA. All letters of commitment MUST clearly identify the source and proposed uses of 6 matching funds being committed. 7

4. Permissible Match Contributions. Examples of activities that are permissible as match 9 contributions may include: 10

a. Documentation of Contributions from Property Owners. For the share of the cost of 11 eligible lead hazard control work contributed by a homeowner or landlord, detailed 12 documentation of the cost incurred by the homeowner or landlord will be necessary after award 13 and during the period of performance of the grant. Owner contributions are limited to that which 14 can be supported and verified by a third party, such as materials paid for and provided by the 15 owner or labor that the owner paid and can substantiate via receipts/records. Labor contributed 16 by the owner must be verified by a third party and valued at market rates. NOTE: that the 17 applicant will be responsible for providing the total amount of the match dollars for proposed 18 contributions from property owners if these contributions are not received during the period of 19 performance of the grant. Match dollars must be provided during the period of performance. 20

Such funds may not come from other OHHLHC funds and must conform to the limitations on 21 use of federal funds for this purpose. 22

b. Donations. The value of items, such as paint and other materials or equipment that are used 24 for lead-based paint hazard control, must be established at market rates. 25

c. Discounts. For services or products provided at a discounted rate, the discounted part of the 27 fee or price is the eligible match. For example: if a financial institution provides a below-market 28 discount on the interest rate for loans (e.g., mortgages, home equity loans, lines of credit, etc.) 29 used to fund the homeowner or landlord contribution to the hazard evaluation and/or control 30 work, the net present value of the interest discount is eligible match; neither the total interest nor 31 the loan principal is eligible match. The same net present value calculation would be done for a 32 firm commitment to forgive all or a portion of the principal. If a loan is used for more than the 33 hazard evaluation and control work covered by the grant, only the same fraction of the discount 34 as the fraction of the loan used for hazard evaluation and control may be counted as match. 35

d. Third Party In-Kind Contributions. See 24 CFR 85.24 for additional information on third 37 party in-kind contributions. 38

D. Other Requirements. 41

1. Threshold Requirements. Applicants must meet the threshold Requirements in the FY2012 42

General Section, Section III.C.2, as well as the threshold requirements listed in this subsection. 43

a. Only eligible applications as defined in Section III, Eligible Applicants, above, will be 44 reviewed for compliance with threshold requirements. 45

b. Applicants may only apply to one of the programs under this NOFA; either the Lead-Based 1

Paint Hazard Control (LBPHC) Grant Program or the Lead Hazard Reduction Demonstration 2

(LHRD) Grant Program, and cannot apply to both. In the event that an applicant submits an 3 application to both programs, HUD will accept the last application submitted to Grants.gov in 4 accordance with the timely receipt and grace period policies. 5

c. Applications requesting federal funding over the maximum amount per award for the 7 program to which you are applying will not be eligible for review. Applicants must clearly 8 document the requested federal funding on line 18a. of the SF424, Application For Federal 9

Assistance, and the form HUD_424_CBW: HUD Detailed Budget Worksheet including Total 10

Budget. 11

d. Applications must receive a total score of at least 75 points to be considered for funding. 13

e. Submission of the required application documents as indicated in Section IV.B. below. 15

f. Targeted Funding for LHRD Applicants. Applicants seeking funding under the Lead Hazard 17

Reduction Demonstration (LHRD) Grant Program, which is targeted to urban jurisdictions, in 18 addition to the requirements in Section III.A.1. above, must have at least 3,500 pre-1940 19 occupied rental housing units (either alone or through a consortium), as listed at the 2000 Census 20 website. Source: 2000 Census – 21 http://factfinder.census.gov/servlet/DatasetMainPageServlet?_ds_name=DEC_2000_SF3_U&_p 22 rogram=DEC&lang=en 23

2. Program Requirements. 25

a. Trained and Certified Professionals. Funded activities must be conducted by persons 26 qualified for the activities according to 24 CFR part 35, subparts B–R (possessing certification as 27 abatement contractors, risk assessors, inspectors, abatement workers, or sampling technicians; or 28 others having been trained in a HUD-approved course in lead-safe work practices). 29

b. Compliance with HUD Regulations and Guidelines. Lead hazard evaluation and control 31 work must be conducted in compliance with HUD’s Lead Safe Housing Rule, the HUD 32

Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (HUD 33

Guidelines), and applicable federal, state and local regulations and guidance, including, but not 34 limited to the EPA’s Renovation, Repair, and Painting (RRP) Rule (found within 40 CFR 745; 35 see http://www.epa.gov/lead/pubs/renovation.htm). You must not engage in the following 36 prohibited practices when conducting Lead Hazard Control work: 37

(1) Open flame burning or torching; 38

(2) Machine sanding or grinding without a high-efficiency particulate air (HEPA) 40 exhaust control; 41

(3) Uncontained hydro blasting or high-pressure washing; 43

(4) Abrasive blasting or sandblasting without HEPA exhaust control; 45 http://factfinder.census.gov/servlet/DatasetMainPageServlet?_ds_name=DEC_2000_SF3_U&_p http://www.epa.lead/pubs/renovation.htm

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

(6) Chemical paint strippers containing methylene chloride or other volatile hazardous 3 chemicals in a poorly ventilated space; and 4

(7) Dry scraping or dry sanding, except scraping in conjunction with heat guns or around 6 electrical outlets or when treating no more than two square feet in any one interior room or 7 space, or totaling no more than 20 square feet on exterior surfaces. 8

c. Testing. All testing and sampling shall comply with the Lead Safe Housing Rule and 10 conform to the current HUD Guidelines, the EPA lead hazard standards at 40 CFR part 745, and 11 federal, state, or tribal regulations developed as part of the appropriate contractor certification 12 program, whichever is most stringent. 13

(1) Lead-Based Paint and Lead-Based Paint Hazard Identification. A lead-based 14 paint inspection and risk assessment is required. Presumption of the presence of lead-based paint 15 or lead-based paint hazards is not allowed. 16

(2) Clearance Testing. If rehabilitation is performed in conjunction with lead hazard 18 control, clearance may be conducted either after the lead hazard control work is completed, and 19 again after any subsequent rehabilitation work is completed, or after all of the lead hazard control 20 and rehabilitation work is completed. In either case, clearance must be successfully completed 21 before re-occupancy. 22

d. Blood Lead Testing. Each child under six years of age should be tested for lead poisoning 24 within the six months preceding the lead hazard control work. Any child with an elevated blood 25 lead level must be referred for appropriate medical follow-up. The standards for such testing are 26 described in the U.S. Centers for Disease Control and Prevention (CDC) publications Preventing 27

Lead Poisoning in Young Children (1991), and Screening Young Children for Lead Poisoning: 28

Guidance for State and Local Public Health Officials (1997). 29

e. Cooperation with Related Research and Evaluation. You must cooperate fully with any 31 research or evaluation sponsored by HUD, CDC, EPA or another government agency associated 32 with this grant program, including preservation of project data and records and compiling 33 requested information in formats provided by the researchers, evaluators or HUD. This also may 34 include the compiling of certain relevant local demographic, dwelling unit, and participant data 35 not contemplated in the original proposal. Participant data shall be subject to the Privacy Rule of 36 the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA and the 37

Privacy Rule can be found at http://www.hhs.gov/ocr/privacy/. For the programs in this NOFA, 38

HUD does not expect research to be conducted that could affect human subjects. For any 39 research that could affect human subjects, appropriate disclosure in plain language, alternative 40 formats, and other languages, as appropriate, should be used. To protect the researchers, it is 41 advisable that verbal explanation of all disclosures be video taped. 42

f. Data Collection. You shall collect, maintain, and provide to HUD the data necessary to 44 document and evaluate grant program outputs and outcomes. 45 http://www.hhs.gov/ocr/privacy/

g. Economic Opportunities for Low- and Very Low-Income Persons (Section 3). Section 3 1 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701u) is applicable to grants 2 funded under this program NOFA (see 24 CFR 135.3(a)(2)(i)). The purpose of Section 3 is to 3 ensure that new training, employment or contracting opportunities created during the grant will 4 be directed to low- and very low-income persons residing in the target area and to the businesses 5 that provide economic opportunities to these persons, to the greatest extent feasible. If the 6 grantee plans to hire any new employees or award contracts to carry out the grant, it must 7 comply with the Section 3 requirements found at 24 CFR 135.32. Additionally, if any 8 contractor, subcontractor or sub-grantee receiving contracts under the grant totaling $100,000 or 9 more must comply with the Section 3 requirements for any new training, hiring or sub- 10 contracting opportunities provided under those contracts. Please refer to 24 CFR part 135, 11 subparts B and E, and to Section III.C.5.d of the FY2012 General Section, for additional 12 information. 13

h. Replacing Existing Resources. Funds received under the grant programs covered under this 15

NOFA shall not be used to replace existing community resources dedicated to any ongoing 16 project. 17

i. Code of Conduct. Prior to entering into a grant agreement with HUD, successful applicants 19 will be required to submit a copy of their organization’s Code of Conduct and describe the 20 methods they will use to ensure that all officers, employees, and agents of their organization are 21 aware of their Code of Conduct. An organization that submitted an application during Fiscal 22

Years 2010 or 2011 will not be required to submit another copy provided that their Code of 23

Conduct is current, and is listed on HUD’s Code of Conduct website: 24 http://www.hud.gov/offices/adm/grants/codeofconduct/cconduct.cfm. 25

j. Coordination Among Critical Agencies. HUD encourages you to participate in statewide 27 or jurisdiction-wide strategic plans to eliminate childhood lead poisoning as a major public 28 health problem, or to assist in the development of a plan if your state or locality does not have 29 such a plan. The CDC strategic elimination plans for state and local childhood lead poisoning 30 prevention programs can be downloaded from 31 http://www.cdc.gov/nceh/lead/StrategicElimPlans/strategicplans.htm. Additionally, HUD 32 encourages you to enter into collaborative arrangements with childhood lead poisoning 33 prevention programs, health agencies, housing agencies, community development agencies, 34 community-based language assistance organizations, fair housing organizations and code 35 enforcement agencies (or equivalent) for your target area(s). Also, we encourage grantees to 36 work with State Medicaid agencies to collaborate in conducting inspections of properties where a 37 child has an elevated blood lead level. 38

k. Institutional Review Board (IRB). For the programs in this NOFA, we do not expect 40 research to be conducted that could affect human subjects. Nonetheless, applicants should 41 indicate whether their program includes conducting research involving human subjects in a 42 manner that requires IRB approval and periodic monitoring under the Department of Health and 43

Human Services regulations at 45 CFR part 46. If your program includes conducting research 44 involving human subjects in a manner that requires IRB approval and periodic monitoring, you 45 must describe the plan for obtaining IRB approval, and indicate that no activities covered by IRB 46 http://www.hud.gov/offices/adm/grants/codeofconduct/cconduct.cfm.

http://www.cdc.gov/nceh/lead/StrategicElimPlans/strategicplans.htm approval will be conducted until such approval is obtained. For additional information on what 1 constitutes human subjects’ research or how to obtain an institutional assurance, see the 2

Department of Health and Human Services, Office of Human Research Protection (OHRP) 3 website at: http://www.hhs.gov/ohrp/. 4

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 HUD Guidelines. The Guidelines are 9 available from the HUD website: http://www.hud.gov/offices/lead/lbp/hudguidelines/index.cfm. 10

m. Worker Protection Procedures. Applicants must observe the procedures for worker 12 protection established in the HUD Guidelines, as well as the requirements of the Occupational 13

Health and Safety Administration (OSHA) (in particular, 29 CFR 1926.62, Lead Exposure in 14

Construction), or the state or local occupational safety and health regulations, whichever are 15 most protective. If other applicable requirements contain more stringent requirements than the 16

HUD Guidelines, the more rigorous standards must be followed. 17

n. Temporary Relocation. HUD expects that most temporary displacement (relocation) for 19 lead hazard control work would be for 10 days or less. Assisting temporary relocation of 20 families forced to vacate housing while lead hazard reduction measures are being conducted is an 21 eligible activity of the programs described in this NOFA. Tenant-occupants forced to vacate 22 housing while lead hazard reduction measures are being conducted pursuant to a program 23 described in this NOFA must be treated fairly and equitably. Such tenant-occupants entitled to 24 receive temporary relocation assistance pursuant to the Uniform Relocation Assistance and Real 25

Property Acquisition Policies Act of 1970 (URA), 42 U.S.C. §§ 4601-4655, as described in 26 regulations at 49 CFR 24.2(a)(9)(ii)(D) and the corresponding Appendix A. If temporary 27 relocation of a tenant-occupant lasts beyond one year, such tenant must be offered permanent 28 relocation assistance as a displaced person. Owner-occupants temporarily relocating while lead 29 hazard reduction measures are conducted pursuant to a program described in this NOFA are not 30 entitled to URA relocation assistance. You can access these regulations from the Government 31

Printing Office website at http://www.gpoaccess.gov/cfr/index.html. When persons with 32 disabilities are temporarily relocated, they must be placed in housing that provides, at a 33 minimum, the same accessibility features as the housing in which they currently reside. For 34 additional information on relocation requirements, see section III.C.5.h of the FY2012 General 35

Section and HUD Handbook 1378 (―Real Estate Acquisition and Relocation Policy and 36

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 and that ensures 43 that persons with limited English proficiency (LEP) will have meaningful access to it. 44

Grant files must contain verifiable evidence of providing lead hazard evaluation and control 45 reports to owners and tenants, such as a signed and dated receipt. Applicants should also 46 http://www.hhs.gov/ohrp/ http://www.hud.gov/offices/lead/lbp/hudguidelines/index.cfm http://www.gpoaccess.gov/cfr/index.html describe how they will provide owners with lead hazard evaluation and control information 1 generated by activities under this grant, so that the owner can comply with the Lead Disclosure 2

Rule (24 CFR part 35, subpart A, or the equivalent 40 CFR part 745, subpart F), the Lead Safe 3

Housing Rule (24 CFR part 35, subparts B–R), and the EPA’s Renovation, Repair, and Painting 4

(RRP) Rule (see 40 CFR 745 and http://www.epa.gov/lead/pubs/renovation.htm.) 5

p. Consolidated Plans. (This requirement does not apply to Native American Tribes whose 7 grant-funded activities are not located in jurisdictions with a Consolidated Plan.) In addition to 8 a Form_HUD2991 for each jurisdiction in which your project or part of your project will be 9 carried out, you must submit, as an attachment, the current lead-based paint element from the 10 approved Consolidated Plan of the jurisdiction(s) where the lead-based paint hazard control will 11 be conducted. In lieu of submitting a scanned copy of the lead-based paint element from the 12 current Consolidated Plan(s), you may substitute a web site address where the Consolidated 13

Plan(s) is (are) located, and identify the location of the lead-based paint element within the 14

Plan(s) (e.g., section/subsection number, page number). The website must contain the lead- 15 based paint element of the current Consolidated Plan(s). Be sure to verify the web address is 16 active. If you do not include a scanned copy of the lead-based paint element, or if you refer to a 17 web site that is not active or does not contain the element when your application is reviewed, you 18 will receive no credit for this Consolidated Plan requirement. If the jurisdiction does not have a 19 currently approved Consolidated Plan, but is otherwise eligible for LBPHC and LHRD grant 20 programs, you must include the jurisdiction’s abbreviated Consolidated Plan, which includes a 21 lead-based paint hazard control strategy developed in accordance with 24 CFR 91.235. 22

q. New Grantee Orientation. Applicants awarded under this NOFA will be required to attend 24 the New Grantee Orientation, which will be held within two months of award announcement. If 25 your grant agreement is not signed prior to the New Grantee Orientation, costs incurred to attend 26 the New Grantee Orientation are allowable in accordance with OMB’s regulation on cost 27 principles for State, local, and Indian tribal governments (2 CFR 225, especially Appendix B to 28 part 225, Selected Items of Cost, sections 31, Pre-award costs, and 43, Travel costs) and selected 29 applicants will be reimbursed for costs related to the new Grantee Orientation after the award 30 agreement is signed. HUD reserves the right to disallow costs that are not reasonable, allowable 31 and allocable in accordance with OMB Cost Principles. 32

r. Written Policies and Procedures. You should describe in your work plan policies and 34 procedures for procurements (contracting), unit eligibility, unit selection and prioritization, all 35 phases of lead hazard evaluation and control, including risk assessments, inspections, 36 development of specifications for contractor bids, pre-hazard control blood lead testing, 37 financing, temporary relocation and clearance examinations. Grantees, sub-contractors, sub- 38 grantees, sub-recipients, and their contractors must adhere to these policies and procedures. 39

s. Continued Availability of Lead-Safe Housing to Low-Income Families. Units in which 41 lead hazards have been controlled under this program shall be occupied by or continue to be 42 available to low-income residents as required by Title X (see section VIII.B in this NOFA). The 43 applicant is to describe previous efforts, if applicable, to maintain a registry (listing) of low- 44 income units in which lead hazards have been controlled (often called ―lead-safe units‖) as a 45 result of previous activities, and plans in conjunction with this grant for continuing an existing 46 http://www.epa.gov/lead/pubs/renovation.htm registry or establishing a new registry, and procedures for ensuring that these units are 1 affirmatively marketed at turnover targeting low-income families with children less than six 2 years of age. 3

t. Environmental Requirements. 5

(1) Recipients of funding under this NOFA must comply with 24 CFR part 58, 6

Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities, 7 and must carry out environmental review responsibilities as a responsible entity under part 58. 8

(2) Recipients of funding under this NOFA may conduct lead inspections and risk 10 assessments prior to receiving Environmental Review Clearance under the exemption allowed in 11

24 CFR 58.34(a)(5), which states that inspections and testing of properties for hazards or defects 12 are exempt activities. 13

u. Standards for LaboratoryAnalysis. All laboratory analysis in support of required testing 15 and evaluation under this NOFA must be conducted by a laboratory recognized for the analysis 16 by the EPA National Lead Laboratory Accreditation Program (NLLAP; 17 http://www.epa.gov/lead/pubs/nllap.htm.) 18

v. Control/Elimination Strategies. All lead-based paint hazards identified in housing units 20 and in common areas of multifamily housing enrolled in this grant program must be controlled or 21 eliminated by either of the following strategies or a combination of the two: 22

(1) Interim Controls. In accordance with the HUD Guidelines, interim controls of lead- 23 based paint hazards including lead-contaminated dust and soil in housing must include 24 specialized cleaning techniques to address lead dust. 25

(2) Abatement. Lead-based paint hazard abatement; however, see the restrictions on 27 conducting paint abatement in Section III.D.3.b(2)(b), Lead-Based Paint Abatement, below. 28

w. Compliance with Section 504 of the Rehabilitation Act. Facilities that may be used where 30 participants may come for assistance (i.e. intake and enrollment proceedings), pursuant to 31 funding from this NOFA, must be held in facilities that are accessible to persons with disabilities 32 in accordance with Section 504 of the Rehabilitation Act and its implementing regulations at 24 33

CFR Part 8. Also, all trainings and educational courses conducted pursuant to funding from this 34

NOFA must be held in facilities that are accessible to persons with disabilities. Where physical 35 accessibility is not achievable, recipients and sub recipients must give priority to alternative 36 methods of product delivery that offer such activities to qualified individuals with handicaps in 37 the most integrated setting appropriate in accordance with Section 504 of the Rehabilitation Act 38

(29 U.S.C. § 794) and its implementing regulations at 24 CFR Part 8. Grantees shall also ensure 39 that information and communications related to all training, education, marketing, outreach, and 40 other activities conducted pursuant to this NOFA must be provided in a manner that is effective 41 for persons with hearing, visual, and other communication-related disabilities. See 24 CFR 8.6. 42

Further, HUD encourages its funding recipients to adopt the goals and objectives of Section 508 43 of the Rehabilitation Act by ensuring, whenever electronic information technology (EIT) is used, 44 procured, or developed, that persons with disabilities have access to and use the information and 45 data made available through EIT on a comparable basis as is made available to and used by 46 http://www.epa.gov/lead/pubs/nllap.htm persons without disabilities. See section III.C.5.f of the General Section for more information. 1

x. Other. The requirements above are in addition to all other applicable requirements, 3 including non-discrimination requirements specified in section III.C of the General Section. 4

3. Additional Program Requirements. 6

a. Allowable Costs and Activities. This section applies to both grant programs unless 7 otherwise specified. For each kind of organization, a set of Federal principles determines 8 allowable costs. Allowable costs shall be in accordance with the cost principles applicable to the 9 organization incurring the costs. Specifically, OMB Circular A-87 (2 CFR 225) - Cost Principles 10 for State, Local, and Indian Tribal Governments, can be accessed at the White House website, 11 http://www.whitehouse.gov/omb/circulars/index.html. 12

b. Lead Hazard Control Direct Costs. Lead hazard control direct costs are defined as costs 14 specifically related to the performance of lead hazard control activities, as defined below. When 15 preparing the budget, you must document how at least 65 percent of the requested grant amount 16 for the Lead-Based Paint Hazard Control Grant program, or at least 80 percent of the requested 17 grant amount for the Lead Hazard Reduction Demonstration Grant Program is dedicated 18 specifically for lead hazard control activities. Lead hazard control activities are defined as: 19

(1) Performing lead dust, soil and paint-chip testing, lead-based paint inspections, risk 20 assessments, clearance examination, and engineering and architectural activities that are required 21 for, and in direct support of, interim control and lead hazard control work, of eligible housing 22 units constructed prior to 1978 to determine the presence of lead-based paint and/or lead hazards 23 from paint, dust, or soil through the use of acceptable testing procedures. 24

(2) The control or elimination of all lead-based paint hazards identified in housing units 26 and in common areas of multi-family housing by either of the following strategies (or a 27 combination), including: 28

(a) Interim Controls. According to the HUD Guidelines for the Evaluation and 29

Control of Lead-Based Paint Hazards in Housing (―HUD Guidelines‖), interim controls of lead- 30 based paint hazards (including paint-lead hazards, dust-lead hazards and soil-lead hazards) in 31 housing must include specialized cleaning techniques to address associated lead dust. See 32

Chapter 11 of the HUD Guidelines for more information 33

(http://www.hud.gov/offices/lead/lbp/hudguidelines/Ch11.pdf). 34

(b) Lead-Based Paint Abatement. Abatement of all lead-based paint is 36 generally authorized only in states or localities that require complete abatement by law. HUD 37 does not consider abatement of all lead-based paint to be cost effective in most circumstances; 38 therefore, a grantee must make a special request in writing prior to conducting complete 39 abatement of lead-based paint. Abatement of lead-contaminated soil should be limited to areas 40 with bare soil in the immediate vicinity of the structure (i.e., the drip line or foundation of the 41 unit being treated, and children’s play areas). 42

(3) Undertaking minimal housing intervention activities that are specifically 44 required to carry out effective hazard control, and without which the hazard control could 45 not be completed, maintained, and sustained. Refer to HUD Policy Guidance 2008-02 on the 46 http://www.whitehouse.gov/omb/circulars/index.html http://www.hud.gov/offices/lead/lbp/hudguidelines/Ch11.pdf

OHHLHC website (http://www.hud.gov/offices/lead/library/lead/PGI-2008- 1

02_Doing_Minimal_Rehab.pdf) for further information on minimal rehabilitation activities. 2

These grant funds may be used for lead hazard control work done in conjunction with other 3 housing rehabilitation programs, to the extent practicable. HUD encourages integration of this 4 grant program with housing rehabilitation, property maintenance, weatherization, healthy homes 5 initiatives, interventions to address housing-related health hazards other than lead, and energy 6 conservation activities and programs. 7

(4) Carrying out temporary relocation for temporarily displaced families and 9 individuals while the remediation is conducted and until the time the affected unit receives 10 clearance for re-occupancy. When persons with disabilities are temporarily relocated, they 11 must be placed in housing that provides, at a minimum, the same accessibility features as the 12 housing in which they currently resides (for additional information on temporary relocation 13 requirements, see section III.D.2.n of this NOFA). HUD expects that most temporary relocation 14 for lead hazard control work would be for 10 days or less. 15

(5) Lead Hazard Control-Specific Soft Project Costs.