Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 11 - QUALIFIED ALLOCATION PLAN (QAP) › Subchapter D - UNDERWRITING AND LOAN POLICY › Section 11.305 - Environmental Site Assessment Rules and Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General Provisions. The Environmental Site Assessments (ESA) prepared for the
				  Department must be conducted and reported in conformity with the standards of
				  the American Society for Testing and Materials (ASTM). The initial report must
				  conform with the Standard Practice for Environmental Site Assessments: Phase I
				  Assessment Process (ASTM Standard Designation: E1527-13 or any subsequent
				  standards as published). Any subsequent reports should also conform to ASTM
				  standards and such other recognized industry standards as a reasonable person
				  would deem relevant in view of the Property's anticipated use for human
				  habitation. The ESA shall be conducted by a Third Party environmental
				  professional at the expense of the Applicant, and addressed to the Department
				  as a User of the report (as defined by ASTM standards). Copies of reports
				  provided to the Department which were commissioned by other financial
				  institutions must either address Texas Department of Housing and Community
				  Affairs as a co-recipient of the report or letters from both the provider and
				  the recipient of the report may be submitted extending reliance on the report
				  to the Department. The ESA report must also include a statement that the person
				  or company preparing the ESA report will not materially benefit from the
				  Development in any other way than receiving a fee for performing the ESA, and
				  that the fee is in no way contingent upon the outcome of the assessment. The
				  report must also include the following statement, "any person signing this
				  Report acknowledges that the Department may publish the full report on the
				  Department's website, release the report in response to a request for public
				  information and make other use of the report as authorized by law. "The ESA
				  report must contain a statement indicating the report preparer has read and
				  understood the requirements of this section.
(b) In addition to ASTM requirements, the
				  report must:
(1) State if a noise study is
				  recommended for a property in accordance with current HUD guidelines and
				  identify its proximity to industrial zones, major highways, active rail lines,
				  civil and military airfields, or other potential sources of excessive
				  noise;
(2) Provide a copy of a
				  current survey, if available, or other drawing of the site reflecting the
				  boundaries and adjacent streets, all improvements on the site, and any items of
				  concern described in the body of the ESA or identified during the physical
				  inspection;
(3) Provide a copy of
				  the current FEMA Flood Insurance Rate Map showing the panel number and
				  encompassing the site with the site boundaries precisely identified and
				  superimposed on the map;
(4) If the
				  subject Development Site includes any improvements or debris from pre-existing
				  improvements, state if testing for Lead Based Paint or asbestos containing
				  materials would be required pursuant to local, state, and federal laws, or
				  recommended due to any other consideration;
(5) State if testing for lead in the drinking
				  water would be required pursuant to local, state, and federal laws, or
				  recommended due to any other consideration such as the age of pipes and solder
				  in existing improvements. For all Rehabilitation Developments, the ESA provider
				  must state whether the on-site plumbing is a potential source of lead in
				  drinking water;
(6) Assess the
				  potential for the presence of Radon on the Development Site, and recommend
				  specific testing if necessary;
(7)
				  Identify and assess the presence of oil, gas or chemical pipelines, processing
				  facilities, storage facilities or other potentially hazardous explosive
				  activities (does not include liquified petroleum gas containers with a capacity
				  of less than 125 gallons on-site or within 0.25 miles of the site that could
				  potentially adversely impact the Development. Location of these items must be
				  shown on a drawing or map in relation to the Development Site and all existing
				  or future improvements. The drawing must depict any blast zones (in accordance
				  with HUD guidelines) and include HUD blast zone calculations; and
(8) Include a vapor encroachment screening in
				  accordance with the ASTM "Standard Guide for Vapor Encroachment Screening on
				  Property Involved in Real Estate Transactions" (E2600-10 or any subsequent
				  standards as published).