R2020-102 2020-05-18RESOLUTION NO. R2020-102
A Resolution of the City Council of the City of Pearland, Texas, approving a 5 -
day public comment period and newly enacted federal provisions available for
use in planning expenditures related to the U. S. Department of Housing and
Urban Development Community Development Block Grant Program, applicable
to fiscal year program allocations in 2020, 2021 and the CARES Act CDBG-CV
stimulus funds.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That a 5 -day public comment period and newly enacted federal provisions
available for use in planning expenditures related to the 2020 and 2021 Community Development
Block Grant Program allocations, and the CARES Act CDBG-CV funding from the U.S. Department
of Housing and Urban Development, attached hereto as Exhibit "A", are hereby authorized and
approved.
PASSED, APPROVED and ADOPTED this the 18th day of May, A.D., 2020.
ATTE
TAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-7000
9 April 2020
ASSISTANT SECRETARY FOR
COMMUNITY PLANNING AND DEVELOPMENT
MEMORANDUM FOR: All Fiscal Year 2020 and 2019 CDBG and CDBG-CV Grantees and
All CPD Field Office Directors
FROM: John Gibbs, Acting Assistant Secretary for Community Planning and
Development
SUBJECT: CARES Act Flexibilities for CDBG Funds Used to Support
Coronavirus Response and plan amendment waiver
The Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Public Law ,
makes available $5 billion in supplemental Community Development Block Grant (CDBG) funding
for grants to prevent, prepare for, and respond to coronavirus (CDBG-CV grants). Additionally, the
CARES Act provides CDBG grantees with flexibilities that make it easier to use CDBG-CV grants
and fiscal years 2019 and 2020 CDBG Grants for coronavirus response and authorizes HUD to
grant waivers and alternative requirements.
The Department has announced the allocations of the first $2 billion in CARES Act funding
for CDBG grantees, as well as $1 billion for Emergency Solutions Grants (ESG) and $53.7 million
for Housing Opportunities for Persons With AIDS (HOPWA). You can find the allocations at
www.hud.govL/progMM offices/commplanning/budgefty20/.
This memorandum transmits the attached CARES Act Flexibilities for CDBG Funds Used to
Support Coronavirus Response Guide (Guide). The Guide describes the immediate availability of a
5 -day public comment period for amendments and new plan submissions, uncaps the percentage of
CDBG fimding for public services to prevent, prepare for, and respond to coronavirus, as well as
other flexibilities. Please note that these new provisions are not only applicable to the $5 billion in
CDBG funding from the CARES Act but many of the new provisions are also applicable to
FY2019and FY2020 CDBG funding. This broad applicability provides grantees with flexibility to
help address the challenges facing our nation.
Grantees are advised to amend or prepare their plans as soon as possible and not to wait for
the pending Federal Register notice, which may provide additional waivers and alternative
requirements. Similarly, grantees should not wait for HUD to allocate the remaining nearly $3
billion of the $5 billion provided by the CARES Act for the CDBG program. Upon publication of
the Federal Register notice and subsequent allocations, grantees receiving allocations will then
amend plans accordingly.
Grantees should proceed with all amendments and plans under these new provisions by
adding the CDBG-CV allocation in their plans as an available resource for the year. The CARES
Act permits HUD to waive, or specify alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the CDBG-CV funds, FY2019 and
FY2020 CDBG funds (except for requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the Secretary that any such waivers or
www.hud.gov espanol hud.gov
alternative requirements are necessary to expedite or facilitate the use of such amounts to prevent,
prepare for, and respond to coronavirus.
To expedite grantees' use of CDBG-CV funds, HUD is waiving the requirements at 42
U.S.C. 12705(a)(2) to the extent it requires updates to the housing and homeless needs assessment,
housing market analysis, and strategic plan and 24 CFR 91.220 and 91.320 to the extent the action
plan is limited to a specific program year to permit grantees to prepare substantial amendments to
their most recent annual action plan, including their 2019 annual action plan. Grantees must
identify the proposed use of all funds and how the funds will be used to prevent, prepare for, and
respond to coronavirus.
The Department is also waiving 24 CFR 91.505 to facilitate the use of the CDBG-CV funds
to the extent necessary to require submission of the substantial amendment to HUD for review in
accordance with 24 CFR 91.500. To receive a CDBG-CV grant, a grantee must also submit a SF -
424, SF -424D and the certifications at 24 CFR 91.225(a) and (b) or 24 CFR 91.325(a) and (b).
The Guide addresses many of the Field's initial questions. Email inquiries to
CPDQuestionsAnsweredO,hud.gov will continue to receive individual replies and guidance. HUD
will also be batching questions and responses and periodically making them available as FAQs.
Additional resources will continue to be posted to www.hudexchane.info/pro cdb diseaseJ.
Thank you for the work you and your staff do with our communities in the fight against the
coronavirus.
CARES Act Flexibilities for CDBG Funds Used to Support Coronavirus Response
April 9, 2020
President Trump has signed The Coronavirus Aid, Relief and Economic Security Act (CARES Act). The CARES Act:
• Makes available $5 billion in supplemental Community Development Block Grant (CDBG) funding for grants to
prevent, prepare for, and respond to coronavirus (CDBG-CV grants);
• Provides flexibilities for CDBG grantees to make it easier to use CDBG-CV grants and fiscal years 2019 and
2020 CDBG grants for coronavirus response and authorizes HUD to grant waivers and alternative requirements;
• Requires CDBG-CV grantees to prevent the duplication of benefits, which means grant funds may not be used to
pay costs if another source of financial assistance is available to pay that cost.
HUD will publish a Federal Register notice describing the requirements for CDBG-CV grants. The notice will also include
waivers and alternative requirements for CDBG-CV and fiscal year 2019 and 2020 CDBG grants. A grantee may submit a
CDBG-CV action plan substantial amendment to its most recent accepted CDBG action plan for the first CDBG-CV
allocation before the notice is published. To apply for CDBG-CV grants, grantees may follow existing regulatory
requirements for a substantial amendment to the grantee's action plan that describes the amount of CDBG-CV funds
available in the first allocation and planned use of funds, in accordance with existing requirements and the flexibilities in
the CARES Act, summarized below. HUD will publish a Q&A document with further information on this process.
Grantees may use CDBG-CV and CDBG funds for a range of activities to prevent, prepare for, and respond to
coronavirus. For examples, see the Quick Guide to CDBG Activities for Infectious Disease Response.
Summary of CARES Act Provisions for Coronavirus Response With CDBG-CV and CDBG Grants
For more information, refer to applicable sections of the CARES Act, Housing and Community Development Act of
1974 (for State CDBG Grantees) and CDBG regulations (for Entitlement CDBG grantees).
Description of Program Flexibility
Applicability to CDBG-CV and CDBG Grants
Public Service Activities
Eliminates the 15 percent cap' on the amount of
CDBG-CV
Immediately
grant funds that can be used for public services
Available
activities.
Following enactment, the cap in section 105(a)(8) of
CDBG FY 19 and
Immediately V
the HCD Act and 24 CFR 570.201(e) has no effect on
FY 20 Grants
Available
CDBG Grants
Not X
CDBG-CV grants and no effect on FY 2019 and 2020
CDBG grant funds used for coronavirus efforts.
before FY 19
Available
Reimbursement of Costs
Provides that grantees may use CDBG-CV grant
CDBG-CV
Immediately
funds to cover or reimburse costs to prevent, prepare
Available
for, and respond to coronavirus incurred by a State or
locality, regardless of the date on which such costs
CDBG FY 19 and
See current X
were incurred, when those costs comply with CDBG
FY 20 Grants
regulations.
requirements. For other grants, pre -agreement and
pre -award cost authority is available under 24 CFR
CDBG Grants
See current X
570.489(b) (states) and 570.200(h) (entitlements).
before FY 19
regulations.
I Section 105(a)(8) of the Housing and Community Development Act of 1974, provides a different percentage cap for some grantees.
Description of Program Flexibility
Applicability to CDBG-CV and CDBG Grants
Citizen Participation and Public Hearings for Consolidated Plans (including Action Plans)
Provides that grantees may amend citizen
CDBG-CV
Immediately
participation plans to establish expedited procedures
Available
to draft, propose, or amend consolidated plans.
Expedited procedures must include notice and
reasonable opportunity to comment of no less than 5
CDBG FY 19 and
FY 20 Grants
Immediately
Available
days. The 5 -day period can run concurrently for
comments on the action plan amendment and
amended citizen participation plans.
CDBG Grants
before FY 19
Not X
Available
In-person public hearings are not required. Grantees
may meet public hearing requirements with virtual
public hearings if: 1) national/local health authorities
recommend social distancing and limiting public
gatherings for public health reasons; and 2) virtual
hearings provide reasonable notification and access
for citizens in accordance with the grantee's
certifications, timely responses from local officials to
all citizen questions and issues, and public access to
all questions and responses.
Deadline to Submit Consolidated Plans (including Annual Action Plans)
Extends the deadline for grantees to submit action
plans and other updates to their consolidated plans
submissions for fiscal years 2019* and 2020 to
CDBG-CV
Immediately
Available
CDBG FY 19* and
FY 20 Grants
Immediately
Available.
August 16, 2021.
Without extension, the deadline for fiscal year 2020
grants would be August 16, 2020, in accordance with
section 116(b) of the HCD Act and 24 CFR 91.15.
CDBG Grants
Not x
*The deadline for fiscal year 2019 passed on August
before FY 19
applicable.
16, 2019 (plans due then have been submitted).
Waiver and Alternative Requirement Authority
Authorizes the Secretary to issue statutory and
regulatory waivers/alternative requirements for
CDBG-CV and some CDBG funds when necessary
CDBG-CV
Immediately
Available
CDBG FY 19 and
FY 20 Grants
Immediately
Available.
to expedite or facilitate the use of grant funds to
prevent, prepare for, and respond to coronavirus.
Prohibits waivers/alternative requirements related to
fair housing, nondiscrimination, labor standards, and
CDBG Grants
Not X
the environment.
before FY 19
applicable.
HUD has additional regulatory waiver and statutory
suspension authorities that it may use for CDBG
Grants before fiscal year 2019 if necessary.
Submit your questions to: CPDQuestionsAnsweredna,hud.gov