INTENT TO REQUEST RELEASE OF FUNDS (NOI/RROF)
January 31, 2025
Portland Housing Bureau
1900 SW 4th Avenue, Suite 7007
Portland, OR 97201
(503) 823-2802
REQUEST FOR RELEASE OF FUNDS
On or about February 19, 2025, the Portland Housing Bureau will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of the Lead-Based Paint Hazard Control Grant Program (LBPHC) is authorized by Section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992, 42 U.S.C. 4852) and funding is provided by the Consolidated Appropriations Act, 2020, approved December 20, 2019 (Public Law 116-94), and the Consolidated Appropriations Act 2019, approved February 15, 2019, (Public Law 116-16); and the Healthy Homes Supplemental funding is authorized under Section 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-2), with funding approved by the same Appropriations Acts; to undertake the following multi-year program/project:
TIER 1 BROAD REVIEW PROJECT:
LEAD-BASED PAINT HAZARD CONTROL PROGRAM
Portland will fund lead hazard reduction in 160 units with HUD LHR grant dollars, with 134 of those units also receiving in-home health and safety interventions. A combination of owner-occupied units with household incomes below 80% AMI and rental units with household incomes below 50% and 80% AMI will be assisted with these grant dollars.
Of the $7.5 million lead dollars requested, approximately $4.8 million will be provided in the form of grants to remediate lead hazards to property owners for an average grant amount of approximately $30,000 per unit. The average grant amount for units where additional health and safety interventions are conducted will be $5,600. All owner-occupied units receiving assistance under this grant must be occupied by a child under the age of six or visited by a child under the age of six for 60 hours per year.
Units receiving hazard reduction will be identified from five primary sources:
- units with elevated blood lead levels, which will always be given first priority,
- owner occupied units where in-home childcare is being provided,
- units with income-eligible tenants that have been cited for a lead-based paint code violation by housing code inspectors,
- units receiving a tenant-based Section 8 voucher from the local Housing Authority.
Lead hazards will be addressed by the PLHCP using a combination of interim control and paint stabilization techniques and utilizing abatement strategies when they are more cost effective or necessary to adequately prevent a child's exposure to hazardous lead dust. Participants will be asked to relocate when necessary to protect the health of occupants in units receiving hazard reduction. In these cases, the PLHCP will offer a $192 a night relocation. PHB staff will provide intake and processing of applications, conduct risk assessments/paint inspections and clearance, provide relocation assistance, and coordinate lead hazard control activities. Targeted education will be conducted through a contract with grassroots community partners that focus on childcare providers, local head start organizations, neighborhood groups and many other organizations serving low-income families. Program outreach will be conducted by Portland Housing Bureau staff. The PLHCP will also engage and collaborate with community organizations that currently work around housing, public health, and environmental justice issues in order to reach a greater population, particularly those that are limited English proficiency.
PHB will provide $63,464.96 in match funds for the Program Director's time on this grant. Economic Opportunity: Portland will support local and federal economic opportunity goals by allocating $11,000 in OLHCHH resources from this grant to prioritize Section 3 residents and MWESB firms becoming trained lead safe workers and in becoming certificated lead abatement workers and businesses that are then eligible to perform lead hazard reduction under this grant.
TIERED REVIEW
The proposed Lead-Based Paint Hazard Control Grant Program to be funded is categorically excluded from the National Environmental Policy Act requirements, but subject to compliance with some of the environmental laws and authorities listed at § 58.5 of 24 CFR Part 58. In accordance with §58.15, a tiered review process has been structured, whereby some environmental laws and authorities have been reviewed and studied for the intended target area listed above. Other applicable environmental laws and authorities will be complied with, when individual projects are ripe for review. Specifically, the target area has been studied and compliance with the following laws and authorities has been established in this first tier:
- Airport Hazards
- Coastal Barrier Resource Act
- Air Quality / Clean Air Act
- Coastal Zone Management Act
- Endangered Species Act
- Explosives and Flammable Hazards
- Farmland Protection
- Floodplain Management
- Noise Abatement and Control
- Sole Source Aquifers
- Wetlands Protection
- Wild and Scenic Rivers Act
Tier 2 Site Specific Review: The site-specific reviews will cover the following laws and authorities not addressed in the Tier 1 broad review:
- Historic Preservation Act
- National Flood Insurance Program
- Contamination and Toxic Substances
Mitigation Measures: For the Tier 2 site-specific laws and authorities, mitigation will be implemented as required, particularly mitigation of lead paint hazards and related toxic substances as the primary focus of the project.
Should individual aggregate projects exceed the threshold for categorical exclusion detailed at §58.35(a), an Environmental Assessment will be completed and a separate Finding of No Significant Impact and Request for Release of Funds published. Copies of the compliance documentation worksheets are available at the address below.
An Environmental Review Record (ERR) that documents the environmental determinations for this project, and more fully describes the tiered review process cited above, is on file at the City of Portland Housing Bureau, 1900 SW 4th Avenue, Suite 7007, Portland, OR 97201 and may be examined or copied Tuesdays through Thursdays, 9:00 a.m. to 4:00 p.m. by sending a request to anna.shook@portlandoregon.gov.
During the comment period, this review is also available on HUD's Environmental Review Records page.
PUBLIC COMMENTS
Any individual, group, or agency may submit written comments on the ERR to the Portland Housing Bureau. All comments received by 5:00 pm on February 18, 2025 will be considered by the Portland Housing Bureau prior to authorizing submission of a Request for Release of Funds and Environmental Certification to HUD.
Please send written comments or email comments to anna.shook@portlandoregon.gov.
ENVIRONMENTAL CERTIFICATION
The City of Portland certifies to HUD that Anna Shook in her official capacity as the Certifying Officer for the City of Portland consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD/Portland’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the City of Portland to utilize HUD program funds.
OBJECTIONS TO RELEASE OF FUNDS
HUD will consider objections to its release of funds and the City of Portland’s certification for a period of fifteen days following either the anticipated submission date (cited above) or HUD’s actual receipt of the request (whichever is later) only if the objections are on one of the following bases:
(a) that the Certification was not executed by the Certifying Officer of the City of Portland;
(b) the City of Portland has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58;
(c) the City of Portland has committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by HUD;
(d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality.
Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58), and may be addressed to HUD and sent to the email address as follows:
Karen M. Griego,
Office of Lead Hazard Control and Healthy Homes,
Program Environmental Clearance Officer,
U.S. Department of Housing and Urban Development
LeadRegulations@HUD.GOV
Potential objectors may contact HUD directly to verify the actual last day of the objection/comment period.
Anna Shook, Analyst II
Certifying Officer Designee