Section 7065.5 - Special Disaster or Emergency Supplemental Assistance Nofas(a) Notwithstanding any provision in this Subchapter to the contrary, in the event of a special appropriation of emergency supplemental assistance or a presidential declaration of disaster, or the Governor proclaims either a "state of emergency" or a "local emergency" as those terms are defined in Government Code Section 8558, the Department may issue a special NOFA. The special NOFA will make CDBG program funds available to otherwise eligible state applicants located in the areas covered by the federal or state disaster proclamation, pursuant to the following special conditions: (1) The project or activity shall be designed to alleviate or mitigate existing conditions which pose a serious actual or impending threat to the health or welfare of the community;(2) The Department will review eligibility documentation for each proposed activity and its associated national objective and ensure there is no duplication of eligible costs; and(3) The proposed project or activity shall be otherwise eligible for funding under this Subchapter or be eligible pursuant to other HUD eligibility criteria.(b) In order to address the most serious, emergent health, safety, and general welfare needs, the Department Director or Acting Director may direct funding awards to designated project or activity types, or areas. These measures may include, but are not limited to: (1) Limiting a NOFA to a designated type of project or activity, or geographic area related to the federal or state disaster proclamation;(2) Awarding bonus points within a NOFA to a designated type of project or activity, or geographic area;(3) Reserving a portion of funds in a NOFA for a designated type of project or activity, or geographic area;(4) Establishing maximum award amounts per applicant, type of project, or type of activity;(5) Making funds available through an over-the-counter process, meaning the Department continuously accepts and evaluates applications until funds are exhausted.(c) To the extent necessary to address serious, emergent health, safety and general welfare needs, and to expedite the process of making awards, the Department Director or Acting Director may alter or waive state required criteria set forth in Sections 7060, 7062, 7062.1, and 7078. Health and Safety Code Section 50833.1(b) allows for waiving of Sections 50831 to 50833 of the Health and Safety Code. Federal requirements cannot be waived without express written authority from HUD.Cal. Code Regs. Tit. 25, § 7065.5
1. New section filed 7-28-2016; operative 7-28-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31). For prior history, see Register 2014, No. 51. Note: Authority cited: Section 50406, Health and Safety Code. Reference: Sections 50406, 50407, 50825 and 50833.1, Health and Safety Code; and 24 CFR 570.483.
1. New section filed 7-28-2016; operative 7/28/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31). For prior history, see Register 2014, No. 51.