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PA Bulletin, Doc. No. 23-407

NOTICES

DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT

Availability of the Draft 2023 Annual Action Plan; 2nd Public Hearing and 2nd Pennsylvania Housing Advisory Committee Meeting

[53 Pa.B. 1702]
[Saturday, March 25, 2023]

 The Department of Community and Economic Development (Department) announces the availability of the Commonwealth's Draft Federal Fiscal Year (FFY) 2023 Annual Action Plan (Plan). The Plan is submitted to the United States Department of Housing and Urban Development (HUD) as the annual application for Federal community development and housing funds administered by the Commonwealth. The HUD funding programs covered by the Plan and administered by the Department are the Community Development Block Grant (CDBG), the HOME Investment Partnerships (HOME) and the Emergency Solutions Grant (ESG) programs. Also covered by the Plan is the Housing Opportunities for Persons with AIDS (HOPWA) program which the Department of Health administers and the National Housing Trust Fund (HTF) which is administered by the Pennsylvania Housing Finance Agency (PHFA).

 These meetings are designed to provide an opportunity for citizens, local governmental officials and interested organizations of this Commonwealth to comment about the Plan prior to its submission to HUD.

Purpose

 The Plan takes the strategy developed in the Consolidated Plan of 2019—2023 and applies it to the administration of the CDBG, HOME, ESG, HTF and HOPWA programs for the 2023 program year. HUD must approve the Plan for the Commonwealth to receive funding under the identified HUD programs.

Content

 The 2023 Plan will include the Methods of Distribution for all Federal programs, as well as the goals and outcomes expected during the 2023 calendar year. In addition to the Department's web site at https://dced.pa.gov/housing-and-development/consolidated-plan-annual-plans-reports/, the approved Plan will be able to be viewed on HUD's web site at https://www.hudexchange.info/consolidated-plan/con-plans-aaps-capers/.

Allocations for 2023 by Program and Methods of Distribution

CDBG—$41,120,349

 Method of Distribution based on the requirements of Pennsylvania Act 179 of 1984. The 2023 Plan does not include any changes to this distribution.

Entitlement—85% of allocation distributed by the distribution outlined in the Act 179 formula.

Competitive—12% of allocation distributed competitively based on priorities outlined in the Plan with no maximum request or award.

 In the Plan, the Department continues to reserve the right to divert any recaptured funds and all uncommitted competitive funds to respond to Federally or State declared natural disasters or emergency declarations.

HOME—$22,435,460

 1. Maximum funding availability varies by HOME eligible activity.

 a. Applicants seeking Existing Owner-Occupied Housing Rehabilitation and Homebuyer activities funding will be limited to a maximum of $500,000 as a town, borough or township. Cities and county applicants are limited to $750,000.

 b. Applicants seeking rental housing and homebuyer-new construction activities will be limited to a maximum funding request of the per unit subsidy limits for the Metropolitan Statistical Area for the proposed activity.

 2. Rental housing applicants must demonstrate matching contributions equal to 25% or greater for all HOME rental projects. Eligible match contributions may include cash contributions from non-Federal sources, value of donated property, forbearance of fees, cost of onsite infrastructure improvements directly required for the HOME-assisted project and other eligible sources more specifically detailed in 24 CFR 92.220 (relating to form of matching contribution).

 3. Rental housing developments funded by the Department competitive process will be limited to projects consisting of less than ten total units. Other rental housing activities, for ten units and above may be submitted to PHFA and following PHFA's competitive application process.

 4. HOME Participating Jurisdictions (PJ), those municipalities which receive a direct allocation of HOME funds from HUD, are eligible to apply for the Department's HOME funds only in certain circumstances:

 (1) For those PJs whose annual allocation of HOME funds from HUD was less than $500,000 in the most recently published Community Planning and Development (CPD) Program Formula Allocations, they may apply for the Department's HOME funds in any eligible category, although they must contribute local HOME funds to the project. The local PJ HOME contribution must be equal to or greater than $1,000 per HOME assisted unit.

 (2) HOME PJs that were allocated more than $500,000 in the most recently published CPD Formula Allocations are only eligible to apply for activities that qualify as a Community Housing Development Organization (CHDO) set-aside project and must contribute local HOME funds to the project. The local PJ HOME contribution must be equal to or greater than $1,000 per HOME assisted unit. Lead entities of a HUD-designated HOME consortia are eligible to apply for CHDO Set-Aside projects. For purposes of determining if an entity qualifies as a HOME PJ or not, HOME consortia members communities are considered collectively with the consortia to be a PJ.

 5. A CHDO can receive up to 50% of its annual operating budget or $50,000 whichever is greater as CHDO operating funds.

ESG—$5,768,872

 1. Rapid rehousing—No less than 40% will be allocated to rapid rehousing, excluding administration and data collection activities for the Pennsylvania Homeless Management System.

 2. Emergency shelter—No more than 60% of the annual Federal allocation may be used for emergency shelter activities (including operations, essential services and street outreach).

 3. Federal direct-entitlement grantees, those that receive a direct allocation of ESG funds from HUD annually, are eligible to apply for all eligible ESG uses, however direct-entitlement communities will not receive priority over nonentitlement applicants.

 4. Each applicant must demonstrate coordination of their efforts with the local Continuum of Care priorities.

 5. Nonprofit entities are eligible to apply directly. Regional activities must benefit service areas greater than one county.

 6. The Department will grant award amounts based on the evaluations until all grant funds are awarded.

 7. ESG funds may become available for reallocation because of poor grantee performance, voluntary returns, funds returned at the end of the contract period, repayment of ineligible expenses or HUD approved reallocation of expired funds. The Department will utilize its Reallocation Policy to allocate available funds.

HOPWA—$2,482,567

 Each regional grantee prioritizes needs for its respective region through a formal process reflective of demographic and epidemiological profiles. The regional grantees conduct a competitive procurement process and receive plans to provide HOPWA services from large organizations and smaller, grassroots faith-based and other community organizations. The following services are provided in this Commonwealth: tenant based rental assistance; short term rent, mortgage and utility assistance; permanent housing placement; and supportive services—case management. In addition, each regional grantee has the capacity to distribute patient care funds directly if it is expedient or a more cost-effective method or both for delivery.

HTF—To Be Allocated (HUD has not released the 2023 allocation yet).

Recovery Housing Program (RHP)—$1,288,739

 The funding for the RHP will be distributed through a competitive process to all eligible applicants, based on scoring of established criteria of the submitted application. An eligible applicant should be a registered entity with the Department of State and be able to provide recovery housing for individuals in recovery from substance use disorder, in accordance with Act 59 of 2017 (Pennsylvania State Law) and any subsequent regulations thereafter. Additionally, an applicant should be licensed or certified by the Department of Drug and Alcohol Programs as a Drug and Alcohol Recovery House, as defined by PA Act 59 of 2017.

 Finally, all eligible applicants shall permit the use of medication assisted treatment using one of the Food and Drug Administration-approved medication for the maintenance treatment of opioid use disorder, such as methadone, buprenorphine/naloxone products/buprenorphine products including sublingual tablets/film, and extended release, long-acting injectable buprenorphine formulations and injectable naloxone.

Public Review and Comment

 The 2023 Plan is available on the Internet or electronically for public comment from March 25, 2023, through April 24, 2023.

Written Comments

 Comments may be electronically submitted to the Department by e-mail to RA-DCEDcdbghomequestions@ pa.gov. Written comments should be submitted to Megan L. Sieber, Center for Community and Housing Development, Department of Community and Economic Development, 400 North Street, 4th Floor, Commonwealth Keystone Building, Harrisburg, PA 17120-0225. Written comments must be received by 4 p.m., April 24, 2023, to be included as testimony in the Plan.

Pennsylvania Housing Advisory Committee
Tuesday, April 11, 2023
11 a.m.

 The Pennsylvania Housing Advisory Committee (PHAC) is responsible for reviewing Statewide housing, community development and support services, needs and priorities, as well as advising the Department in the preparation of the Commonwealth Consolidated Plan, annual action plans, and the coordination of Federal, State and local resources to manage the implementation of these plans.

 As part of the planning process for the Consolidated Plan for the 2023 Plan, the PHAC will be meeting in an open, public forum to discuss the allocations for the 2023 program year. The programs affected by this are: CDBG, HOME Investment Partnerships Program, ESG Program, HOPWA and HTF.

 Individuals who wish to attend the PHAC meeting may use the following information to join or attend in-person at the Department.

Join by Phone
Phone Number
: (267) 332-8737
Conference ID: 856 472 843#

In-Person Attendance Address
Department of Community and Economic Development
400 North Street
4th Floor
Harrisburg, PA 17120-0225

 Individuals with a disability or limited English proficiency who wish to participate in the public hearing should contact Megan Sieber, msieber@pa.gov, (717) 720-7404, TDD (717) 346-0308 at a minimum of 72 hours prior to the meeting to discuss how the Department can accommodate their needs.

Second Public Hearing
Wednesday, March 29, 2023
1 p.m.

 The second public hearing for the 2023 Plan will be conducted electronically by means of Microsoft Teams and in-person at the Department on Wednesday, March 29, 2023, at 1 p.m. Individuals who wish to make comment or discuss policy may participate directly in-person or from their phone, personal computer or from a computer located at their public library.

 Individuals or organizations may give testimony or comments during this meeting. Comments will be accepted about topics related to the needs of the Commonwealth in the following areas: community development, housing including special needs, homelessness, economic development and any changes to the methods of distribution of the existing Federal programs.

 Registration is not required and individuals may join the meeting in-person or directly by phone using the following information:

Join by Phone
Phone Number
: (267) 332-8737
Conference ID: 302 016 634#

In-Person Attendance Address
Department of Community and Economic Development
400 North Street
4th Floor
Harrisburg, PA 17120-0225

 The hearing will be recorded for public record. The hearing will be shortened if there is no one to testify or there is minimal response.

 Individuals with a disability or limited English proficiency who wish to participate in the public hearing should contact Megan Sieber, msieber@pa.gov, (717) 720-7404, TDD (717) 346-0308 at a minimum of 72 hours prior to the meeting to discuss how the Department can accommodate their needs.

Written Comments

 Written testimony, instead of testimony provided during the public hearing, must be submitted by 4 p.m., April 24, 2023, for review for consideration for the Plan. Submit comments to Megan Sieber, Department of Community and Economic Development, Center for Community Financing, 400 North Street, 4th Floor, Commonwealth Keystone Building, Harrisburg, PA 17120-0225, RA-DCEDcdbghomequestions@pa.gov.

FREDERICK C. SIGER, 
Acting Secretary

[Pa.B. Doc. No. 23-407. Filed for public inspection March 24, 2023, 9:00 a.m.]



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