Fort Walton Beach Council agenda — 06-02-09 special — reading text

timely development of states' substantial amendments, HUD is waiving 42 U. S. C. 5306( d)( 2)( C)( 1)( iv) and 24 CFR 91. 110 to the extent necessary to eliminate the requirement that a state must consult with units of local government in detennining the expected use of CDBG -R funds. Pursuant to the overall objectives of the Recovery Act to assure that funds are in communities assisting in economic recovery, HUD is waiving 24 CFR 91. 320 ( d) and 24 CFR 91. 320( k)( 1)( i) to the extent necessary to require states to submit a list of activities in lieu of developing a method of distribution. Substantial amendments to grantees' action plans are not normally approved by HUD, but may be submitted to HUD as they occur or at the end of the program year. 24 CFR 91. 505( c) is waived to the extent necessary to require submission of the substantial amendment to the action plan to HUD for approval in accordance with this notice no later than the deadlines specified in paragraph 4. below. HUD is waiving provisions of 24 CFR 91. 500( b) and ( d) to provide for the Following modified action plan approval procedures. HUD will review each grantee' s submission for completeness and consistency with the purposes of the Cranston -Gonzalez National Affordable Housing Act, the Recovery Act and the requirements of this notice, and will disapprove incomplete or inconsistent action plan amendments. 24 CFR 91. 500( d) permits jurisdictions to revise or resubmit a plan within 45 days after written notification of disapproval; it also states that HUD must respond to approve or disapprove the plan within 30 days of receiving the resubmission. HUD will allow revision and resubmission of a disapproved action plan in accordance with 24 CFR 91. 500 so long as the resubmission is received by HUD 15 calendar days or less following the date of first disapproval, and any further resubmissions in response to subsequent disapprovals are received no later than close of business on July 20, 2009 for entitlement communities, Insular Areas or non -entitlement counties in Hawaii. The deadline for states is August 13, 2009. The substantial amendment to the action plan and citizen participation alternative requirement will perinit an expedited grant -making process, but one that still provides for public notice, appraisal, examination, and comment on the activities proposed for the use of CDBG -R. grant funds. Requirement 1. General. a. Except as described in this notice, statutory and regulatory provisions governing the CDBG program for states, entitlement communities, Insular Areas, and non -entitlement  12 counties in Hawaii, as applicable, shall apply to the use of these funds. Non -entitlement counties in the state of Hawaii and Insular Areas should follow the requirements for entitlement communities. b. To receive its grant allocation, a grantee must submit to HUD, by the deadlines in paragraph 4. below, a substantial amendment to its PY2008 action plan, in accordance with the consolidated plan procedures for a substantial amendment under the annual CDBG program as modified by this notice, or HUD may cancel the entire amount allocated for that grantee and reallocate the funds. 24 CFR 91. 505( c) is waived to the extent necessary to require submission of the substantial amendment to HUD for approval. c. 24 CFR 91. 500(b) and ( d) are waived to the extent necessary to implement alternative procedures for HUD review and approval of grantees' action plan amendments. In addition to the criteria in 24 CFR 91. 500( b), HUD may disapprove a plan if it is inconsistent with the requirements of the Recovery Act or the requirements of this notice. HUD may disapprove a plan if it determines that the description of activities, as required in paragraphs 2. a. and 2. b. below, does not adequately describe how an activity will address the Recovery Act. This alternative requirement will allow revision and resubmission of a disapproved action plan in accordance with 24 CFR 91. 500( d) so long as the first resubmission is received by HUD 15 calendar days or less following the date of first disapproval, and any further resubiriissions in response to subsequent disapprovals are received no later than close of business on July 20, 2009 for entitlement communities, Insular Areas or non -entitlement counties in Hawaii. The deadline for states is August 13, 2009.  13 After HUD processes and approves the plan amendment and both HUD and the grantee have signed the grant agreement, HUD will establish the grantee' s line of credit in the amount of the grantee' s CDBG -R hinds included in the action plan amendment. 2. Contents of a CDBG -R Action Plan Substantial Amendment. a. The required elements in the CDBG -R substantial amendment to the annual action plan for entitlement communities, Insular Areas, and non -entitlement counties in Hawaii are; i. Pursuant to 24 CFR 91. 220( d), ( e) and ( 1), a description of the activities the jurisdiction will undertake with these funds to address priority needs and objectives. 24 CFR 91. 220( 1)( ii) is waived. The grantee shall instead identify any other Recovery Act funding to be used in conjunction with each activity and total activity budget from all funding sources. In addition, grantees must provide information concerning CDBG -R assisted activities in an electronic spreadsheet provided by HUD. The information that must be reported in the spreadsheet includes activity name, activity description, CDBG -R dollar amount budgeted, eligibility category, national objective citation, additional Recovery Act funds for the activity received from other programs, and total activity budget. An electronic copy of the spreadsheet and the format will be available on HUD' s recovery website at http:// www.hud.gov/recovery. Grantees must include a paper copy of the spreadsheet in their substantial amendment and must submit an electronic version of the completed spreadsheet to CDBG- R@hud. gov. ii. A description of how the distribution and uses of the grantee' s CDBG -R funds will meet the requirements of Title XII of Division A and Section 1602 of the Recovery Act: that, in selecting projects to be funded, recipients shall give  E priority to projects that can award contracts based on bids within 120 calendar days from the date the funds are made available to the recipients; and that for CDBG -R funds being used for infrastructure investments, recipients shall give preference to activities that can be started and completed expeditiously, including a goal of using at least 50 percent of the funds for activities that can be initiated not later than 120 calendar days after February 17, 2009. iii. For each activity, a written description of how the use of CDBG -R funds for the activity will maximize job creation and economic benefit in relation to the CDBG -R funds obligated, and will address the Recovery Act, by: A) Preserving and creating jobs and promoting economic recovery; B) Assisting those most impacted by the recession; C) Providing investment needed to increase economic efficiency; D) Investing in transportation, environmental protection, or other infrastructure that will provide long -term economic benefits; E) Minimizing or avoiding reductions in essential services; or F) Fostering energy independence. iv. For each activity, the number of full- and part -time jobs estimated to be created and retained by the activity (including pennanent, construction and temporary jobs). v. A description of the activities that will be carried out with CDBG -R funds that promote energy conservation, smart growth, green building technologies, or reduced pollution emissions. vi. Information on how to contact grantee program administrators, so that citizens and other interested parties know who to contact for additional inforination.  15 vii. A signed standard federal form SF -424, and signed certifications as specified in section II.H. of this notice. b. The required elements in the CDBG -R substantial amendment to the annual action plan required for States are: i. A description of the activities that will be undertaken with these funds to address priority needs and objectives, and outcome measures pursuant to 24 CFR 91. 320( c). The grantee shall identify any other Recovery Act funding to be used in conjunction with each activity and total activity budget from all funding sources. In addition, grantees must provide infonmation concerning CDBG -R assisted activities in an electronic spreadsheet provided by HUD. The information that must be reported in the spreadsheet includes activity name, activity description, CDBG -R dollar amount budgeted, eligibility category, national objective citation, additional Recovery Act funds for the activity received from other programs, and total activity budget. An electronic copy of the spreadsheet and the format will be available on HUD' s recovery website at htt-P: / / www. hud.,aov /recovery. Grantees must include a paper copy of the spreadsheet in their substantial amendment and must submit an electronic version of the completed spreadsheet to CDBG- R@hud. gov. HUD waives 24 CFR 91. 320( d) and 24 CFR 91. 320( k)( 1)( i) to the extent necessary to require states to provide a list of activities it intends to fund with the CDBG -R allocation. ii. A description of how the distribution and uses of the grantee' s CDBG -R funds will meet the requirements of Title X11 of Division A and Section 1602 of the Recovery Act: that, in selecting projects to be funded, recipients shall give priority to projects that can award contracts based on bids within 120 days from the date the funds are  m made available to the recipients; and that for CDBG -R funds being used for infrastructure investments, recipients shall give preference to activities that can be started and completed expeditiously, including a goal of using at least 50 percent of the funds for activities that can be initiated not later than 120 calendar days after February 17, 2009. iii. For each activity, a written description of how the use of CDBG ^R funds for the activity will maximize job creation and economic benefit in relation to the CDBG -R funds obligated, and will address the Recovery Act, by: A) Preserving and creating jobs and promoting economic recovery; B) Assisting those most impacted by the recession; C) Providing investment needed to increase economic efficiency; D) Investing in transportation, environmental protection, or other infrastructure that will provide long -term economic