In an effort to allow communities to continue their CDBG grants while practicing social distancing, HUD has provided temporary alternative procedures for environmental clearance processes. For TxCDBG communities, the following guidance is effective immediately and until further notice:
Responsible Entities that are practicing social distancing may complete the environmental clearance process without in-person interaction with the public through the following procedures:
- Make the full Environmental Review Record (ERR) available, either by
- Posting to the community’s website throughout the public comment periods required by 24 CFR §58.45, or
- Emailing a copy to any member of the public that requests the ERR, or
- Mailing a copy to any member of the public that requests the ERR. Additional time for the public comment period must be allowed for the mailed copy to be received by the requestor and for comments to be submitted by mail.
- Details on requirements for these methods – including sample language for the required publications – are included in the attached ERR Consultation Guidance.
- The Certifying Officer may sign the Request for Release of Funds and Certification (RROF) using an electronic signature (see guidance in TxCDBG Project Implementation Manual, Chapter 2), or may submit a scan of the signed RROF via email to CDBG_EnvReview@TexasAgriculture.gov – there is no need to mail to TDA a “wet ink” signature or photocopy of the electronic signature at this time.
Please confirm when this policy is being used:
- Include in the submittal email the following text: “The comment period and RROF procedures for this environmental review were conducted according to TDA’s temporary social distancing procedures.”
- If the required notice(s) was published on or before today’s date, the Responsible Entity may use the modified signature options only by confirming in the transmittal email that:
- “The comment period for this environmental review was completed using standard procedures and city/county offices were open for the public to review the ERR. The city/county is now practicing social distancing and using TDA’s temporary procedures for the Certifying Officer to execute and transmit the RROF.”
OR
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- “The comment period for this environmental review was published using standard procedures. Once the city/county enacted social distancing measures, a notice and email address for members of the public to request access to the ERR was posted at the location designated in the publication. The city/county is using TDA’s temporary procedures for the Certifying Officer to execute and transmit the RROF.”
Responsible Entities that opt not to follow the above temporary procedures should continue to conduct environmental reviews as described in the TxCDBG Project Implementation Manual, Chapter 3.
TDA will continue to provide additional modified procedures or information to assist communities during the public health emergency as available.
