[Federal Register Volume 73, Number 96 (Friday, May 16, 2008)]
[Notices]
[Pages 28664-28697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11054]



[[Page 28663]]

-----------------------------------------------------------------------

Part IV





Department of Housing and Urban Development





-----------------------------------------------------------------------



 Notice of Funding Opportunity (NOFA) for HOME Investment Partnership 
Program (HOME)--Competitive Reallocation of CHDO Funds To Provide for 
Energy Efficient and Environmentally-Friendly Housing for Low-Income 
Families; Notice

  Federal Register / Vol. 73, No. 96 / Friday, May 16, 2008 / Notices  

[[Page 28664]]


-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5195-N-01]


Notice of Funding Opportunity (NOFA) for HOME Investment 
Partnership Program (HOME)--Competitive Reallocation of CHDO Funds to 
Provide for Energy Efficient and Environmentally-Friendly Housing for 
Low-Income Families

AGENCY: Office of the Assistant Secretary for Community Planning and 
Development, HUD.

ACTION: Notice of funding availability (NOFA).

-----------------------------------------------------------------------

SUMMARY: This notice of funding availability establishes the funding 
criteria for the Competitive Reallocation of Community Housing 
Development Organizations (CHDO) Funds to Provide for Energy Efficient 
and Environmentally-Friendly Housing for Low-Income Families. The 
purpose of this NOFA is to competitively reallocate deobligated HOME 
CHDO set-aside funds in order to expand the supply of energy efficient 
and environmentally-friendly (Green) housing that is affordable to low-
income families, using design and technology models that can be 
replicated.

Overview Information

    A. Federal Agency Name. Department of Housing and Urban 
Development, Community Planning and Development, Office of Affordable 
Housing Programs.
    B. Funding Opportunity Title. Competitive Reallocation of CHDO 
Funds to Provide for Energy Efficient and Environmentally-Friendly 
Housing for Low-Income Families.
    C. Announcement Type. Notice of Funding Availability (NOFA).
    D. Funding Opportunity Number. FR-5195-N-01.
    E. Catalogue of Federal Domestic Assistance (CFDA) Number. 14.239, 
HOME Investment Partnership Program (HOME)
    F. Application Deadline Date. July 1, 2008.
    G. Additional Overview Information
    1. Summary. This NOFA announces the availability of approximately 
$1 million in deobligated HOME Community Housing Development 
Organization (CHDO) set-aside funds for competitive reallocation in 
order to expand the supply of energy efficient and environmentally-
friendly (Green) housing that is affordable to low-income families, 
using design and technology models that can be replicated.
    2. Purpose of this NOFA. The purpose of this NOFA is to 
competitively reallocate deobligated HOME CHDO set-aside funds in order 
to expand the supply of energy efficient and environmentally-friendly 
(Green) housing that is affordable to low-income families, using design 
and technology models that can be replicated.
    3. Available Funds. Approximately $1 million in deobligated HOME 
CHDO set-aside funds are available for competitive reallocation under 
this NOFA.
    4. Eligible Applicants. Eligible applicants are HOME Participating 
Jurisdictions (PJ) that are currently participating in the regular HOME 
program and have received an annual HOME formula allocation each year 
since FY 2004. Housing projects funded under this NOFA must be carried 
out by a non-profit organization in the applicant's jurisdiction that 
the PJ has determined currently meets the definition of a Community 
Housing Development Organization (CHDO) pursuant to 24 CFR 92.2.
    5. Match. 25 percent of the HOME funds awarded under this NOFA must 
be matched with non-federal funds.

Full Text Announcement

    If you are interested in applying for funding under this 
competitive reallocation of HOME funds, please review the contents of 
this NOFA carefully.

I. Application Due Date, Standard Forms, Further Information, and 
Technical Assistance

    A. Application Due Date. Applications for funding under this NOFA 
are due on or before July 1, 2008. Applications submitted after the 
established deadline will not receive funding consideration.
    B. Application Submission Procedures and New Security Procedures. 
HUD has implemented new security procedures that apply to application 
submissions. Please read the following instructions carefully and 
completely. HUD will not accept hand-delivered applications. 
Applications may be mailed using the United States Postal Service 
(USPS) or may be shipped via the following delivery services: United 
Parcel Service (UPS), FedEx, or DHL. No other delivery services are 
permitted into HUD Headquarters without an escort. You are, therefore, 
urged to use one of the four carriers listed above.
    C. Mailed Applications. HUD will consider your application to be 
filed by the application due date if your application is postmarked on 
or before 12 midnight on the application due date and received in HUD 
Headquarters on or within fifteen (15) days of the application due 
date. Applicants must obtain and save a mailing receipt that shows the 
date when the application was received by the United States Postal 
Service (USPS). This receipt from USPS showing the date and time of the 
mailing will be your documentary evidence that your application was 
filed by the application deadline.
    D. Applications Sent by Overnight/Express Mail Delivery. If your 
application is sent by overnight delivery or express mail, HUD will 
consider your application to be filed by the application due date if 
your application is received on or before the application due date, or 
if you submit documentary evidence that your application was placed in 
transit with the overnight delivery/express service no later than the 
application due date. Due to new security measures, you are urged to 
use one of the carrier services that do business with HUD Headquarters 
regularly. These services are United Parcel Service (UPS), FedEx, or 
DHL. Timely delivery of your application to HUD by a carrier other than 
those listed cannot be guaranteed. Delivery by these carriers must be 
made during HUD's Headquarters business hours, between 8:30 a.m. and 5 
p.m. Eastern time, Monday through Friday. If these companies do not 
service your area, you should submit your application via the United 
States Postal Service.
    E. Address for Submitting Applications. Submit one original and two 
copies of your application to the Department of Housing and Urban 
Development, Office of Affordable Housing Programs (OAHP), 451 Seventh 
Street, SW., Room 7162, Washington, DC 20410-7000, ATTN: HOME Program 
CHDO Competition.
    F. Application Forms. There is no separate application kit for this 
NOFA. This NOFA contains all the information necessary for submission 
of your application. Section V describes the application selection 
process and requirements. Section VI provides a checklist for 
application submission. Copies of the required standard forms are 
located in Appendix 2. You may also request copies of these standard 
forms by calling the contact person in the Office of Affordable Housing 
Programs identified in paragraph G. When requesting a standard form, 
you should refer to the HOME Program CHDO Competition, and provide your 
name, address (including zip code) and telephone number (including area 
code).
    G. HUD Information Contact. For further information about this 
NOFA, you may contact Ginger Macomber, Senior Affordable Housing 
Specialist,

[[Page 28665]]

Office of Affordable Housing Programs, Department of Housing and Urban 
Development, Room 7162, 451 Seventh Street, SW., Washington, DC 20410-
7000; telephone (202) 402-4605 (this is not a toll-free number). This 
number can be accessed via TTY by calling the toll-free Federal 
Information Relay Service Operator at 1-800-877-8339.
    H. Paperwork Reduction Act Statement. The information collection 
requirements in this NOFA have been submitted to OMB under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and are waiting 
the assignment of an OMB control number 2506-0175. Under the Paperwork 
Reduction Act, a federal agency may not conduct or sponsor, and a 
person is not required to respond to, a collection of information 
unless the collection displays a valid control number.

II. Amount Allocated

    The amount of HOME funds available for reallocation under this NOFA 
is approximately $1 million. Section 217(c) of the Cranston-Gonzalez 
National Affordable Housing Act (NAHA) (42 U.S.C. 12704 et seq.) 
requires that HOME funds that become available as a result of the 
deobligation by HUD of CHDO set-aside funds previously allocated to 
HOME Participating Jurisdictions must be reallocated by competition. 
Approximately $1 million has been recaptured and remains available 
since the last CHDO competition in 2004. Any additional recaptured HOME 
CHDO set-aside funds that become available within 24 months of the 
announcement of awards under this NOFA may be used to fund applications 
submitted in response to this NOFA.

III. Program Description, Eligible Applicants and Eligible Projects

    A. Program Description. The purpose of the HOME program is to 
expand the supply of standard, affordable housing for low- and very 
low-income families by providing annual formula grants to states, units 
of general local government and consortia of units of general local 
governments that are HOME Participating Jurisdictions (PJs). Each PJ 
must spend at least 15 percent of its HOME grants on housing that is 
owned, developed or sponsored by nonprofit CHDOs. PJs use their HOME 
grants to fund housing programs that meet local needs and priorities. 
PJs have a great deal of flexibility in designing their local HOME 
programs within the guidelines established by the HOME program statute 
and regulations. This NOFA provides an incentive to PJs to work with 
qualified CHDOs to develop HOME-assisted energy efficient and 
environmentally-friendly (Green) housing that is affordable to low-
income families, using design and technology models that can be 
replicated. In support of the President's National Energy Policy, HUD 
formed an Energy Task Force and issued an Energy Action Plan that 
identifies a number of actions HUD will take to encourage energy 
efficiency and conservation. HUD also made the reduction of energy 
costs in the building and operation of HUD-assisted housing an 
indicator in HUD's Annual Performance Plan. HUD has signed a memorandum 
of understanding with the Environmental Protection Agency and the 
Department of Energy to promote Energy Star compliant housing. HUD 
collects information on HOME-assisted units that have received Energy 
Star certification through HUD's Integrated Disbursement and 
Information System (IDIS).
    B. Eligible Applicants. For the purposes of this NOFA competition, 
eligible applicants are HOME Participating Jurisdictions (PJ) that are 
currently participating in the regular HOME program and have received 
an annual HOME formula allocation each year since FY 2004. The housing 
projects funded under this NOFA must be carried out by a non-profit 
organization in the applicant's jurisdiction that the PJ has determined 
currently meets the definition of a Community Housing Development 
Organization (CHDO) pursuant to 24 CFR 92.2.
    C. Eligible Projects. The only eligible projects under this NOFA 
are HOME-eligible CHDO set-aside projects that are permitted under the 
regular HOME regulations, and that qualify for and will receive Energy 
Star Certification by an independent Home Energy Rater (HER) upon 
completion. An eligible CHDO set-aside project is one where a CHDO 
owns, develops or sponsors the housing produced. To earn the Energy 
Star Certification, the housing must meet guidelines for energy 
efficiency set by the U.S. Environmental Protection Agency (EPA). These 
housing units are at least 15% more energy efficient than units built 
to the 2004 International Residential Code (IRC) and include additional 
energy-saving features. Information about Energy Star can be found at 
http://www.energystar.gov/. Any housing unit three stories or less can 
earn the Energy Star label if it has been verified to meet EPA's 
guidelines, including: single family, attached, and low-rise multi-
family homes; manufactured homes; systems-built homes (e.g., SIP, ICF, 
or modular construction); log homes, concrete homes; and existing 
retrofitted homes. In preparing your application, you may wish to 
consult with local firms that have experience developing such projects 
or with a local institution of higher learning with knowledge of energy 
efficient design and Green construction. Information about HUD's energy 
initiatives, and links to other useful information sources can be found 
at: http://www.hud.gov/energy/. HOME funds awarded under this NOFA are 
subject to all the regular HOME regulations found at 24 CFR part 92, 
including the 24-month commitment deadline, the five-year expenditure 
deadline and the requirements for reporting results in the Integrated 
Disbursement and Information System (IDIS). As permitted in the regular 
HOME Program, up to five percent of the total amount of your PJ's 
regular HOME formula allocation plus HOME funds awarded under this NOFA 
may be used to pay for CHDO operating costs necessary for carrying out 
projects funded under this NOFA (see 24 CFR 92.208). Up to ten percent 
of the total amount of your PJ's regular HOME formula allocation plus 
HOME funds awarded under this NOFA may be used to pay for the PJ's 
eligible HOME administration and planning costs (see 24 CFR 92.207). 
However, none of the HOME funds awarded under this competitive NOFA can 
be used to pay for CHDO operating costs or HOME administration and 
planning costs.

IV. Threshold and Program Requirements

A. Threshold Requirements

    1. Ineligible Applicants. HUD will not consider an application from 
an ineligible applicant.
    2. Compliance with Fair Housing and Civil Rights Laws. All 
applicants and their subrecipients must comply with all applicable fair 
housing and civil rights requirements in 24 CFR 92.350 and CFR 
5.105(a). If you, the applicant: (a) Have been charged with an ongoing 
systemic violation of the Fair Housing Act; or (b) are a defendant in a 
Fair Housing Act lawsuit filed by the Department of Justice alleging an 
ongoing pattern or practice of discrimination; or (c) have received a 
letter of findings identifying ongoing systemic noncompliance under 
Title VI of the Civil Rights Act of 1964, Section 504 of the 
Rehabilitation Act of 1973; or Section 109 of the Housing and Community 
Development Act of 1974; and the charge, lawsuit, or letter of findings 
referenced in (a), (b), or (c) above has not been resolved to HUD's 
satisfaction before the application

[[Page 28666]]

deadline, then you are ineligible to apply for assistance under this 
NOFA and HUD will not rate and rank your application. HUD will 
determine if actions to resolve the charge, lawsuit, or letter of 
findings taken before the application deadline are sufficient to 
resolve the matter. Examples of actions that would normally be 
considered sufficient to resolve the matter include, but are not 
limited to: (1) A voluntary compliance agreement signed by all parties 
in response to a letter of findings; (2) a HUD-approved conciliation 
agreement signed by all parties; (3) a consent order or consent decree; 
or (4) an issuance of a judicial ruling or a HUD Administrative Law 
Judge's decision.
    3. Encouraging Accessible Design Features. HUD is encouraging 
applicants to add accessible design features beyond those required 
under civil rights laws and regulations. Such features would eliminate 
many other barriers limiting the access of persons with disabilities to 
housing and other facilities. Copies of the Uniform Federal 
Accessibility Standards (UFAS) are available from the NOFA Information 
Center at (800) HUD-8929 and also from the Office of Fair Housing and 
Equal Opportunity, Department of Housing and Urban Development, 451 
Seventh Street, SW., Room 5230, Washington, DC 20410-2000; telephone 
(202) 755-5404 or toll-free at (800) 877-8339 (TTY). Persons with 
hearing or speech impairments may access these numbers via TTY by 
calling the Federal Information Relay Service at (800) 877-8339. (This 
is a toll-free number.)
    a. Visitability in New Construction and Substantial Rehabilitation. 
Applicants are encouraged to incorporate visitability standards, where 
feasible, in new construction and substantial rehabilitation projects. 
Visitability standards allow a person with mobility impairments access 
into the home, but do not require that all features be made accessible. 
Visitability means that there is at least one entrance at grade (no 
steps), approached by an accessible route such as a sidewalk, and that 
the entrance door and all interior passage doors are at least 2 feet, 
10 inches wide, allowing 32 inches of clear passage space. A visitable 
home also serves persons without disabilities, such as a mother pushing 
a stroller or a person delivering a large appliance. More information 
about visitability is available at http://www.concretechange.org/.
    b. Universal Design. Applicants are encouraged to incorporate 
universal design in the construction or rehabilitation of housing, 
retail establishments, and community facilities funded with HUD 
assistance. Universal design is the design of products and environments 
to be usable by all people to the greatest extent possible, without the 
need for adaptation or specialized design. The intent of universal 
design is to simplify life for everyone by making products, 
communications, and the built environment more usable by as many people 
as possible at little or no extra cost to the user. Universal design 
benefits people of all ages and abilities. In addition to any 
applicable required accessibility feature under Section 504 of the 
Rehabilitation Act of 1973 or the design and construction requirements 
of the Fair Housing Act, the Department encourages applicants to 
incorporate the principles of universal design when developing housing, 
community facilities, and electronic communication mechanisms, or when 
communicating with community residents at public meetings or events. 
HUD believes that to address affordable housing needs effectively, it 
is necessary to provide affordable housing that is accessible to all 
regardless of ability or age. Likewise, creating places where people 
work, train, and interact that are usable and open to all residents 
increases opportunities for economic and personal self-sufficiency. 
More information on universal design is available from the Center for 
Universal Design at http://www.design.ncsu.edu/cud/ or the Resource 
Center on Accessible Housing and Universal Design at http://www.abledata.com/abledata.cfm?pageiSd=113573⊤=16029&sectionid=19326.
    4. Conducting Business in Accordance with Core Values and Ethical 
Standards/Code of Conduct. Applicants subject to 24 CFR parts 84 or 85 
(most nonprofit organizations and state, local, and tribal governments 
or government agencies or instrumentalities that receive federal awards 
of financial assistance) are required to develop and maintain a written 
code of conduct (see 24 CFR 84.42 and 85.36(b)(3)). Consistent with 
regulations governing specific programs, your code of conduct must 
prohibit real and apparent conflicts of interest that may arise among 
officers, employees, or agents; prohibit the solicitation and 
acceptance of gifts or gratuities by your officers, employees, or 
agents for their personal benefit in excess of minimal value; and 
outline administrative and disciplinary actions available to remedy 
violations of such standards. If awarded assistance under this NOFA, 
before entering into an agreement with HUD, you will be required to 
submit a copy of your code of conduct and describe the methods you will 
use to ensure that all officers, employees, and agents of your 
organization are aware of your code of conduct. An applicant who 
previously submitted an application and included a copy of its code of 
conduct will not be required to submit another copy if the applicant is 
listed on HUD's Web site http://www.hud.gov/offices/adm/grants/codeofconduct/cconduct.cfm and if the information has not been revised. 
An applicant not listed on the above Web site must submit a copy of its 
code of conduct with their application for assistance. An applicant 
must also include a copy of its code of conduct if the information 
listed on the above Web site has changed (e.g., the person who 
submitted the previous application is no longer your authorized 
organization representative, the organization has changed its legal 
name or merged with another organization, or the address of the 
organization has changed, etc.). You are prohibited from receiving an 
award of funds from HUD if you fail to meet this requirement for a code 
of conduct.
    5. Delinquent Federal Debts. It is HUD policy that applicants with 
an outstanding federal tax debt will not be eligible to receive an 
award of funds from the Department unless: (1) A negotiated repayment 
schedule is established and the repayment schedule is not delinquent, 
or (2) other arrangements satisfactory to HUD are made prior to the 
award of funds by HUD. If arrangements satisfactory to HUD cannot be 
completed within 90 days of notification of selection, HUD will not 
make an award of funds to the applicant, but offer the award to the 
next eligible applicant. Applicants selected for funding, or awarded 
funds have an obligation to report to HUD changes in status of a 
current IRS agreement covering federal debt. HUD may withhold funding, 
terminate an award, or seek other remedies from a grantee where a 
previously agreed upon payment schedule has not been adhered to or a 
new agreement with the IRS has not been signed.
    6. Executive Order 13202, ``Preservation of Open Competition and 
Government Neutrality Towards Government Contractors' Labor Relations 
on Federal and Federally Funded Construction Projects''. Compliance 
with HUD regulations at 24 CFR 5.108 that implement Executive Order 
13202 is a condition of receipt of assistance under this NOFA. 
Subrecipients are considered recipients of financial assistance for 
purposes of 24 CFR 5.108.

[[Page 28667]]

    7. Procurement of Recovered Materials. State agencies and agencies 
of a political subdivision of a state that are using assistance under 
this NOFA for procurement, and any person contracting with such an 
agency with respect to work performed under an assisted contract, must 
comply with the requirements of Section 6002 of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery Act. 
In accordance with Section 6002, these agencies and persons must 
procure items designated in guidelines of the Environmental Protection 
Agency (EPA) at 40 CFR part 247 that contain the highest percentage of 
recovered materials practicable, consistent with maintaining a 
satisfactory level of competition, where the purchase price of the item 
exceeds $10,000 or the value of the quantity acquired in the preceding 
fiscal year exceeded $10,000; must procure solid waste management 
services in a manner that maximizes energy and resource recovery; and 
must have established an affirmative procurement program for 
procurement of recovered materials identified in the EPA guidelines.

B. Program Requirements

    In addition to meeting the requirements of this NOFA, you are 
subject to all the regular HOME regulations found at 24 CFR part 92, 
including the 24-month commitment deadline, the five-year expenditure 
deadline and the requirements for reporting results in the Integrated 
Disbursement and Information System (IDIS). Where there is a conflict 
between the HOME regulations and this NOFA, the more stringent or 
limiting requirements shall prevail.

V. Application Selection Process

    A. Rating. HUD will review all applications in accordance with the 
requirements of this NOFA and the three selection criteria and sub-
factors referenced at 24 CFR 92.453 and found at section 217(c) of 
NAHA. As explained below in section V. E., two of the three selection 
criteria are related to the applicant PJ's past performance in the 
regular HOME Program. To facilitate the competition, HUD has already 
determined the point scores for all potential applicants for these two 
selection criteria, including sub-factors, based on information each PJ 
has reported to HUD through IDIS. A summary of these scores can be 
found in Appendix 1 of this NOFA. The point score received for the 
remaining Selection Criterion 3 will be added to the applicant's past 
performance scores for Selection Criterion 1 and Selection Criterion 2 
in order to obtain the applicant's total rating points score.
    B. Ranking and Selection Procedures. Applications that receive a 
total rating of 75 points or more will be eligible for selection under 
this NOFA. HUD will place these applications in rank order and make 
selections in order of the highest-ranking application to the lowest-
ranking application until all available funds have been distributed. 
HUD will not fund any portion of an application that is ineligible for 
funding under the regular HOME program requirements, or which does not 
meet the requirements of this NOFA. If funds remain after all 
selections have been made, these funds may be combined with any 
additional recaptured HOME CHDO set-aside funds that become available 
within 24 months of the announcement of awards under this NOFA, and 
awarded to the highest ranking un-funded, eligible application(s) in 
this competition.
    C. Applicant Debriefing. Beginning not less than 30 days after the 
public announcement of awards under this NOFA and not longer than 120 
days, upon receiving a written request from an applicant, HUD will 
provide a debriefing to that applicant. Materials provided by HUD 
during the debriefing will be the applicant's final score, the HUD 
evaluator's final comments for Selection Criterion 3, and HUD's 
calculations for the pre-scored Selection Criterion 1 and Selection 
Criterion 2. Applicants requesting to be debriefed must send a written 
request to Cliff Taffet, Director, Office of Affordable Housing 
Programs, Department of Housing and Urban Development, Room 7164, 451 
Seventh Street, SW., Washington, DC 20410-7000.
    D. Requirements. The following specific requirements apply to this 
``Competitive Reallocation of CHDO Funds to Provide Energy Efficient 
and Environmentally-Friendly Housing for Low-Income Families''.
    1. You, the applicant, must be a HOME Participating Jurisdiction 
(PJ) that is currently participating in the regular HOME program and 
has received an annual HOME formula allocation each year since FY 2004.
    2. The housing projects funded under this NOFA must be carried out 
by non-profit organizations in your jurisdiction that you have 
determined currently meet the definition of Community Housing 
Development Organization (CHDO).
    3. The only eligible projects under this NOFA are HOME-eligible 
CHDO set-aside projects that are permitted under the regular HOME 
regulations, and that qualify for and will receive Energy Star 
Certification by an independent Home Energy Rater (HER) upon 
completion.
    E. Factors for Award. HUD will review and rate all eligible 
application submissions using the Threshold Criterion, three Selection 
Criteria and related Application Submission Requirements described 
below. The maximum number of points for this competition is 100. No RC/
EZ/EC bonus points are given.
    1. Threshold Criterion. All CHDO projects developed with HOME funds 
provided under this NOFA must qualify for and receive Energy Star 
Certification by an independent Home Energy Rater (HER) upon 
completion.
    a. Submission Requirements for Threshold Criterion. Applicants must 
submit a brief Threshold Criterion narrative that describes the 
proposed CHDO project(s) that will be developed using funds provided 
under this NOFA. The narrative must: (1) Commit you (the HOME 
Participating Jurisdiction) to using any HOME funds awarded under this 
competition only for the production of Energy Star Certified units; (2) 
specify the total projected number of housing units to be produced that 
will be Energy Star certified and, of that number, the total number of 
HOME-assisted units; and (3) describe your process for ensuring that 
all CHDO housing units developed with HOME funds provided under this 
NOFA will receive Energy Star Certification upon completion, and 
provide a clear statement that all units developed using funds provided 
through this competition will, at a minimum, meet this standard. To the 
extent such information is known at the time of application, the 
narrative also should identify the CHDO that will own, develop or 
sponsor the project; the type of development (new construction or 
substantial rehabilitation, homebuyer or rental); the total project 
cost; the total HOME cost; and any other descriptive project 
information. There is a maximum limit of 1 page (letter-sized, single-
sided) for your response to the Threshold Criterion.
    2. Selection Criterion 1: Commitment (up to 25 points--pre-scored). 
This criterion rates the applicant's demonstrated commitment to expand 
the supply of affordable rental and homebuyer housing, as indicated by 
the additional number of units of affordable housing made available 
through production or rehabilitation within the previous two years, 
making adjustment for regional variations in construction and 
rehabilitation costs and giving special consideration to the number of 
additional units made available under HOME through production or

[[Page 28668]]

rehabilitation in relation to the amounts made available under HOME. In 
scoring this criterion, HUD used Integrated Disbursement and 
Information System (IDIS) reports consisting of information provided by 
the PJs on the number of HOME-assisted rental units and homebuyer units 
completed over the past two years (from January 1, 2005 through 
December 31, 2007), adjusting for variations in construction costs and 
the size of HOME allocations. The PJs were then rank-ordered from 
highest to lowest by the adjusted number of rental units and homebuyer 
units completed. PJs with no HOME-assisted rental or homebuyer units 
completed received zero points. The remaining PJs were divided into 25 
equal groups, adjusted for ties, with the group having the most such 
units receiving 25 points, the next group receiving 24 points and so 
on. (See Appendix 1 for the score assigned to your PJ for Selection 
Criterion 1.)
    a. Submission Requirements for Selection Criterion 1. No submission 
required.
    3. Selection Criterion 2: Actions (up to 50 points--pre-scored). 
This criterion rates the applicant's actions to address each of the 
following four parts. Each part has been pre-scored by HUD.
    a. Part A (up to 15 points--pre-scored). Direct funds made 
available under HOME to benefit very low-income families, with a range 
of incomes, in numbers that exceed the income-targeting requirements of 
HOME, with extra consideration given for activities that expand the 
supply of affordable housing for low-income families whose incomes do 
not exceed 30 percent of the median income for the area (i.e., 
extremely low-income), as determined by HUD. In scoring this part, HUD 
used Integrated Disbursement and Information System (IDIS) reports 
consisting of information provided by the PJs on the percentage of 
their completed units over the period of their participation in the 
HOME Program occupied by very low- and extremely low-income households, 
with double weighting given the extremely low-income segment. The PJs 
were then rank-ordered from highest to lowest by the weighted 
percentage of units occupied by the very low- and extremely low-income 
households. PJs with fewer than 20 units indicated as being occupied by 
these households or with less than 70 percent of completed rental units 
occupied received zero points. The remaining PJs were divided into 15 
equal groups, adjusted for ties, with the group having the highest 
adjusted percentage receiving 15 points, the next group receiving 14 
points and so on. (See Appendix 1 for the score assigned to your PJ for 
part A of Selection Criterion 2.)
    (1) Submission Requirements for Selection Criterion 2, part A. No 
submission required. b. Part B (up to 10 points--pre-scored). Provide 
matching resources in excess of funds required under the HOME 
requirements. In scoring this part, HUD used HUD Field Office reports 
on the status of PJs in meeting their regular HOME Program match 
requirement for the past two completed reporting periods. Those PJs 
having met or exceeded their match liability over this period received 
10 points. Those PJs not having met their match liability in one or 
more of the past two completed reporting periods received zero points. 
(See Appendix 1 for the score assigned to your PJ for part B of 
Selection Criterion 2.)
    (1) Submission Requirements for Selection Criterion 2, part B. No 
submission required.
    c. Part C (up to 15 points--pre-scored). Stimulate a high degree of 
participation in development by the private sector, including non-
profit organizations. In scoring this part, HUD used Integrated 
Disbursement and Information System (IDIS) reports consisting of 
information provided by the PJs to determine the percentage of 
completed CHDO disbursements to all CHDO reservations since the 
inception of the PJs' HOME Program. The focus was on completed CHDO 
projects in this part since funds awarded in this competition must be 
used by CHDOs for eligible CHDO set-aside projects. The PJs were then 
ranked highest to lowest by the percentage of completed CHDO 
disbursements to all CHDO reservations. PJs with disbursements, but no 
completed rental projects received zero points. The remaining PJs were 
divided into 15 equal groups, adjusted for ties, with the group having 
the highest percentage receiving 15 points, the next group receiving 14 
points and so on. (See Appendix 1 for the score assigned to your PJ for 
part C of Selection Criterion 2.)
    (1) Submission Requirements for Selection Criterion 2, part C. No 
submission required.
    d. Part D (up to 10 points--pre-scored). Stimulate a high degree of 
investment in development by the private sector, including non-profit 
organizations. In scoring this part, HUD used Integrated Disbursement 
and Information System (IDIS) reports consisting of information 
provided by the PJs to determine the extent to which, in percentages, 
each PJ was leveraging private funds with HOME dollars invested in 
completed projects. The PJs were then rank-ordered from highest to 
lowest by the leveraging percentage. PJs with no leveraging indicated 
in IDIS, or less than $50,000 in HOME funds invested overall in 
completed projects, received zero points. The remaining PJs were 
divided into 10 equal groups, adjusted for ties, with the group having 
the highest percentage receiving 10 points, the next group receiving 9 
points and so on. (See Appendix 1 for the score assigned to your PJ for 
part D of Selection Criterion 2.)
    (1) Submission Requirements for Selection Criterion 2, part D. No 
submission required.
    4. Selection Criterion 3: Policies (up to 25 points--rated). This 
criterion rates the degree to which the applicant is pursuing policies 
that result in the creation of energy efficient and environmentally-
friendly (Green) housing that is affordable to low-income families, 
using design and technology models that can be replicated. This 
criterion also examines the degree to which the applicant is pursuing 
policies that remedy the effects of discrimination and improve housing 
opportunities for disadvantaged minorities. This criterion has five 
parts.
    a. Part A (up to 21 points). Make housing more affordable through 
the use of energy efficient and environmentally-friendly (Green) 
designs, technologies and policies. Rating points will be assigned 
based on the degree to which the following energy efficient and Green 
elements will be incorporated into the applicant's project design. 
These elements are consistent with the Enterprise Foundation's ``Green 
Communities Criteria Checklist''. More information about the Enterprise 
Green Communities initiative can be found at http://www.greencommunitiesonline.org/. The National Association of 
Homebuilders Research Center (NAHBRC) has also developed model Green 
homebuilding guidelines which can be found at http://www.nahbrc.org/greenguidelines/.
    The elements have been divided into six subsections. Subsections 
(1), (2), (3), (5) and (6) have ``Minimum Requirements'' that must be 
met in order to receive rating points for that subsection. Provided the 
minimum requirements in a subsection have been met, applicants can 
receive additional rating points for incorporating ``Additional 
Elements'', as described in each subsection below. Applicants that fail 
to commit to incorporate all of a subsection's Minimum Requirements 
will receive zero points for that entire subsection.
    (1) Energy Efficiency and Renewable Energy (up to 7 points)

[[Page 28669]]

    (a) Minimum Requirements. As noted under the Threshold Criterion, 
above, all CHDO projects developed with HOME funds provided under this 
NOFA must qualify for and receive Energy Star Certification by an 
independent Home Energy Rater (HER) upon completion. Up to seven points 
will be provided to projects that exceed the standard for Energy Star 
Certified new homes, as outlined under (b) and (c), below.
    (b) Additional Elements: Energy Efficiency (up to 3 points). 
Provided the Energy Star Certification minimum requirement is met, up 
to three points will be awarded for projects that incorporate one or 
more of the following Energy Efficient elements. One point will be 
awarded for each element up to the maximum of three points.
    (i) Pressure Balancing. All rooms within the conditioned space, 
except bath and laundry, will not exceed +/-3 pascals pressure 
differential with respect to the outside when interior doors are closed 
and the air handler is operating.
    (ii) Energy Star Appliances. Install only Energy Star labeled 
appliances.
    (iii) Energy Efficient Lighting. Install Energy Star labeled 
lighting fixtures in all interior units, use Energy Star or high-
efficiency commercial grade fixtures in all common areas, and install 
daylight sensors or timers on all outdoor lighting.
    (c) Additional Elements: Renewable Energy (4 points). Provided the 
Energy Star Certification minimum requirement is met, four points will 
be awarded for projects that incorporate any one of the following four 
Renewable Energy elements:
    (i) Photovoltaic Panels. Install photovoltaic panels to provide at 
least 10 percent of the project's estimated electricity demand.
    (ii) Solar Thermal. Install solar hot water (thermal) heating to 
provide at least 50 percent of the project's estimated domestic hot 
water and 10 percent of the project's hydronic space heating needs.
    (iii) Wind Energy. Install wind energy technology to provide at 
least 10 percent of the project's electricity demand.
    (iv) Geothermal. Install geothermal energy technology to provide at 
least 20 percent of the project's energy needs.
    (2) Sustainable Site Design (up to 3 points)
    (a) Minimum Requirements (2 points). Two points will be awarded for 
projects that meet all of the following Sustainable Site Design minimum 
requirements:
    (i) Proximity to Existing Development. Locate project on a site(s) 
with access to existing roads, water, sewers and other infrastructure 
within or at least 25 percent contiguous to existing development.
    (ii) Compact Development (for new construction). Achieve densities 
of at least 6 units per acre for detached/semi-detached houses; 10 
units per acre for town homes; 15 units per acre for apartments.
    (iii) Sidewalks and Pathways. Include sidewalks or suitable 
pathways within a multifamily property or single-family subdivision 
linking residential development to public spaces, open spaces and 
adjacent development.
    (b) Additional Elements (1 point). Provided all of the Sustainable 
Site Design minimum requirements are met, one point will be awarded for 
projects that incorporate one or more of the following Sustainable Site 
Design elements:
    (i) Proximity to Services (for new construction). Locate project 
within one-quarter mile radius of public transit service, or one-half 
mile radius from a fixed rail or ferry station.
    (ii) Compact Development (for new construction). Increase average 
minimum densities to meet or exceed: 7 units per acre for detached/
semi-detached; 12 units per acre for town homes; and 20 units per acre 
for apartments.
    (iii) Surface water management. Capture the first one-half inch of 
rainfall that falls in a 24-hour period and label all storm drains or 
storm inlets to clearly indicate where the drain or inlet leads.
    (3) Water Conservation (up to 3 points)
    (a) Minimum Requirements (2 points). Two points will be awarded for 
projects that meet the following Water Conservation minimum 
requirement:
    (i) Water-conserving Fixtures. Install only water-conserving 
fixtures with the following specifications: toilets--1.6 gallons per 
flush; showerheads--2.0 gallons per minute; kitchen faucets--2.0 
gallons per minute; bathroom faucets--2.0 gallons per minute.
    (b) Additional Elements (1 point). Provided the Water Conservation 
minimum requirement is met, one point will be awarded for projects that 
incorporate one or both of the following Water Conservation elements:
    (i) Water-conserving Fixtures. Install on demand water heater at 
point of use.
    (ii) Efficient Irrigation. If irrigation is necessary, use recycled 
gray water, roof water, collected site run-off or an irrigation system 
that will deliver up to 95 percent of the water supplied.
    (4) Use of Environmentally Beneficial Materials and Practices (up 
to 3 points)
    (a) Minimum Requirements. None
    (b) Additional Elements (up to 3 points). Up to three points will 
be awarded for projects that incorporate one or more of the following 
Environmentally Beneficial Materials and Practices elements. One point 
will be awarded for each element up to the maximum of three points.
    (i) Renewable Source or Recycled Content Materials. Use material 
from renewable sources (soy-based insulation, bamboo, wood-based 
products), or materials with recycled content.
    (ii) Certified, Salvaged and Engineered Wood. Use at least 50 
percent (by cost or value) wood products and materials that are 
certified in accordance with the Forest Stewardship Council, salvaged 
wood, or engineered framing materials.
    (iii) Water-permeable Paved Areas. Use water-permeable materials in 
50 percent or more of walkways and in 50 percent or more of parking 
areas.
    (iv) Construction Waste Management. Develop and implement a 
construction waste management plan to reduce the amount of material 
sent to the landfill.
    (5) Healthy Homes (up to 4 points)
    (a) Minimum Requirements (2 points). Two points will be awarded for 
projects that meet all of the following Healthy Homes minimum 
requirements:
    (i) Low/no VOC Paint, Adhesives and Sealants. Specify that all 
interior paints, primers, adhesives and sealants must contain low or no 
VOCs.
    (ii) Formaldehyde-free Composite Wood. Do not use any composite 
wood that has exposed particleboard (which contains added urea-
formaldehyde), unless the exposed area has been sealed.
    (iii) Mold Control. Do not use mold-propagating materials such as 
vinyl wallpaper and unsealed grout; in wet areas, use materials that 
have smooth, durable, cleanable surfaces.
    (iv) Water Heater Venting. Specify direct vented or combustion 
sealed water heaters if the heater is located in a conditioned space.
    (b) Additional Elements (up to 2 points). Provided all of the 
Healthy Homes minimum requirements are met, up to two points will be 
awarded for projects that incorporate one or more of the following 
Healthy Homes elements. One point will be awarded for each element up 
to the maximum of two points.
    (i) Energy Star Exhaust Fans. Install in each bathroom an Energy 
Star-labeled fan that exhausts to the outdoors and that either runs 
continuously or is controlled by a humidistat sensor or timer; install 
Energy Star-labeled power vented kitchen fans or range hoods that 
exhaust to the exterior; install exhaust

[[Page 28670]]

for clothes dryers directly to the outdoors.
    (ii) Efficient Ventilation (new construction). Install a 
ventilation system for the dwelling unit that provides 15 cubic feet 
per minute of fresh air, per occupant. Assume two occupants in an 
efficiency or one bedroom unit, and an additional occupant for each 
additional bedroom. Where higher densities are known, increase the rate 
by 7.5 cfm for each additional person. (See ASHRAE 62.2-2004, Chapter 
4)
    (iii) Mold Prevention. Use tankless hot water heaters or install 
conventional hot water heaters in rooms with drains or catch pans piped 
to the exterior of the dwelling and with non-water sensitive floor 
coverings; insulate exposed cold water pipes in climates and building 
conditions susceptible to moisture condensation.
    (iv) Basements and Concrete Slabs: Vapor Barrier and Water 
Drainage. Provide a vapor barrier and four inches of gravel for a 
capillary break under all slabs; provide drainage of water to the 
lowest level of concrete away from windows, walls and foundations; 
waterproof foundation walls on the exterior to avoid moisture 
migration.
    (v) Garage Isolation. Provide a continuous air barrier between the 
conditioned (living space) and any unconditioned garage space; in 
single-family homes with attached garages, install a CO alarm inside 
the house on the wall that is attached to the garage or is outside the 
sleeping area.
    (6) Resident Education (1 point).
    (a) Minimum Requirements (1 point). One point will be awarded for 
projects that incorporate the following Residential Education minimum 
requirement:
    (i) Instruction Manual. Provide a manual that includes the 
following: a routine maintenance plan; instructions for all appliances, 
HVAC operation, water-system turnoffs, lighting equipment and other 
systems that are part of each occupancy unit; an occupancy turnover 
plan that describes in detail the process of educating the occupant 
about proper use and maintenance of all building systems; and 
information on how to maintain the Green features of the site, 
including paving materials and landscaping.
    (b) Additional Elements. None.
    (7) Recommended Energy Efficient and Green Elements (no points).
    HUD strongly recommends that applicants incorporate additional 
energy efficient and Green elements into their project designs. 
However, the inclusion or exclusion of these elements will not be 
considered in rating an applicant's submission. The recommended 
elements are listed in Appendix 3.
    In addition to the elements identified under part A, above, rating 
points will be assigned based upon whether the applicant is pursuing 
policies that:
    b. Part B (up to 1 point). Remove or ameliorate any negative 
effects that public policies identified by you in your Consolidated 
Plan may have on the cost of housing or the incentives to develop, 
maintain, or improve affordable housing in the jurisdiction.
    c. Part C (up to 1 point). Preserve the affordability of privately-
owned housing that is vulnerable to conversion, demolition, 
disinvestment, or abandonment.
    d. Part D (up to 1 point). Increase the supply of housing that is 
affordable to very low-income and low-income persons, particularly in 
areas that are accessible to expanding job opportunities.
    e. Part E (up to 1 point). Remedy the effects of discrimination and 
improve housing opportunities for disadvantaged minorities.
    f. Submission Requirements for Selection Criterion 3. Applicants 
must submit a clear and concise response to each of the five parts A 
through E listed above. Each page of the submission must be numbered.
    (1) For part (A), subsections (1)-(6), you, the applicant, must 
indicate with an ``X'' or a checkmark, each Minimum Requirement and 
Additional Element that you commit to incorporate into your proposed 
project design and construction. Leave a blank next to any Minimum 
Requirement or Additional Element that you do not commit to 
incorporate. You may reproduce the list of Requirements and Elements in 
your application to facilitate your response. Please note that if your 
completed project does not incorporate the minimum requirements or the 
additional elements you committed to in your submission, then you will 
become subject to the repayment of funds awarded under this HOME 
competition. There is a maximum limit of five pages (letter-sized, 
single-sided) for your response to part (A).
    (2) For parts (B) through (E), you, the applicant, must identify 
the specific policies you are pursuing, the actions you have taken or 
will take to implement each policy, the effects of each action on 
achieving each policy objective, the current implementation status, and 
the completion timeline. There is a maximum limit of four pages 
(letter-sized, single sided) for your responses to parts (B) through 
(E).
    F. Final Ranking and Conditional Awards. The points received by 
each applicant for the three selection criteria will be totaled and the 
applicants will be rank ordered from highest to lowest score. HUD will 
award $250,000 to the applicant receiving the highest score. HUD will 
award $250,000 to the applicant receiving the next highest score, and 
so on in rank order, until the balance of funds remaining is less than 
$250,000. Should two or more applicants have tie scores for the final 
award, the applicants will be selected in the order of: (1) The 
applicant receiving the highest score for Selection Criterion 3 part A: 
Make housing more affordable through the use of energy efficient and 
environmentally-friendly (Green) designs, technologies and policies; 
(2) the applicant receiving the highest score for Selection Criterion 3 
part A(1): Energy Efficiency and Renewable Energy; and (3) the 
applicant proposing to produce the greatest number of Energy Star 
Certified housing units. The awards are conditional pending execution 
of a grant agreement between HUD and the HOME Participating 
Jurisdiction that is the applicant. The HOME funds awarded under this 
NOFA may be combined with other federal funds, including regular HOME 
Program funds, and with state, local or private funding to develop the 
required energy efficient and environmentally-friendly (Green) housing 
for low-income families.

VI. Application Requirements and Checklist for Application Submission

    The application consists of the items listed below. The standard 
forms that are applicable to this funding (collectively referred to as 
the ``standard forms'') can be found in Appendix 2. The following 
checklist helps to ensure that all of the required items have been 
submitted.

---- HUD-424, Application for Federal Assistance signed by the 
authorized representative of the Participating Jurisdiction applying 
for the funds
---- Table of Contents

    Narrative Statements Addressing:

---- Threshold Criterion Narrative (maximum 1 page)
---- Selection Criterion 3 Part A, subsections (1)-(6)--Narrative 
Checklist (maximum 5 pages)
---- Selection Criterion 3 Parts (B), (C), (D), (E)--Narratives 
(maximum 4 pages)

    Forms:

---- HUD-2880, Applicant/Recipient Disclosure/Update Report
---- HUD-2993, Acknowledgment of Application Receipt

    The standard form HUD 424 can also be downloaded from: http://

[[Page 28671]]

www.hud.gov/offices/adm/hudclips/forms/files/sf424.doc.
    The standard forms HUD-2880 and HUD-2993 can also be downloaded 
from: http://www.hud.gov/offices/adm/hudclips/forms/.

VII. Corrections to Deficient Applications

    After the application due date, HUD may not, consistent with its 
regulations in 24 CFR part 4, subpart B, consider any unsolicited 
information the applicant may want to provide. HUD may contact you, the 
applicant, to clarify an item in your application or to correct 
technical deficiencies. HUD may not seek clarification of items or 
responses that improve the substantive quality of your response to any 
of the rating factors. In order not to unreasonably exclude 
applications from being rated and ranked, HUD may contact applicants to 
ensure proper completion of the application and will do so on a uniform 
basis for all applicants. Examples of curable (correctable) technical 
deficiencies include failure to submit the proper certifications or 
failure to submit an application that contains an original signature by 
an authorized official. HUD will notify the applicant in writing and 
describe the item that requires clarification or the technical 
deficiency that must be corrected. HUD will notify applicants by 
facsimile or by USPS, return receipt requested. Applicants must submit 
clarifications or corrections of technical deficiencies to HUD within 
14 calendar days of the date of receipt of the HUD notification. If the 
due date falls on a Saturday, Sunday, or federal holiday, your 
correction must be received by HUD on the next day that is not a 
Saturday, Sunday, or federal holiday. If the deficiency is not 
corrected within this time period, HUD will reject the application as 
incomplete and it will not be considered for funding.

VIII. Environmental Requirements

    This NOFA provides funding under 24 CFR part 92 and does not alter 
the environmental requirements of part 92. Accordingly, pursuant to 24 
CFR 50.19(c)(5), this NOFA is categorically excluded from environmental 
review under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321). Activities assisted with HOME funds provided under this NOFA are 
subject to the environmental review provisions set out at 24 CFR 
92.352, including the National Environmental Policy Act of 1969 and 
related federal environmental authorities. NOFA applicants are 
cautioned that no federal or non-federal funds or assistance which 
limits reasonable choices or could produce an adverse environmental 
impact may be committed to a project until all required environmental 
reviews and notifications have been completed by a unit of general 
local government or State and until HUD approves a recipient's request 
for release of funds under the environmental provisions contained in 24 
CFR part 58.

IX. Authority

    The funding made available under this NOFA is authorized by section 
217(c) of the Cranston-Gonzalez National Affordable Housing Act (NAHA) 
(42 U.S.C. 12704 et seq.).

    Dated: May 7, 2008.
Nelson R. Breg[oacute]n, General Deputy Assistant,
Secretary for Community Planning and Development.
BILLING CODE 4210-67-P

[[Page 28672]]

[GRAPHIC] [TIFF OMITTED] TN16MY08.018


[[Page 28673]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.019


[[Page 28674]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.020


[[Page 28675]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.021


[[Page 28676]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.022


[[Page 28677]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.023


[[Page 28678]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.024


[[Page 28679]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.025


[[Page 28680]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.026


[[Page 28681]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.027


[[Page 28682]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.028


[[Page 28683]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.029


[[Page 28684]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.030


[[Page 28685]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.031


[[Page 28686]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.032


[[Page 28687]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.033


[[Page 28688]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.034


[[Page 28689]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.035


[[Page 28690]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.036


[[Page 28691]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.037


[[Page 28692]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.038


[[Page 28693]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.039


[[Page 28694]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.040


[[Page 28695]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.041


[[Page 28696]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.042


[[Page 28697]]


[GRAPHIC] [TIFF OMITTED] TN16MY08.043

 [FR Doc. E8-11054 Filed 5-15-08; 8:45 am]
BILLING CODE 4210-67-C