Embracing Environmental Justice: Celebrating the 20th Anniversary of E.O. 12898

U.S. Environmental Protection Agency, Feb. 5, 2014

By Administrator Gina McCarthy
EPA’s mission to protect public health and the environment is driven by a fundamental belief that regardless of who you are or where you come from, we all have a right to clean air to breathe, safe water to drink, and healthy land to call our home. At the heart of that belief is our unwavering pursuit of environmental justice for minority, low-income, and tribal communities that have been long overburdened by environmental threats.
February 11, 2014 marks the 20th anniversary of President Clinton’s signing of Executive Order 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations.” We’ve accomplished a lot over the past two decades—not only EPA, but all federal agencies, state and local governments, tribes, community leaders, and partners in academia and business. We established the Office of Environmental Justice, the Interagency Working Group on Environmental Justice, and the National Environmental Justice Advisory Council—one of the federal government’s most prolific advisory committees. We’re expanding outreach and enforcing laws to defend public health and hold polluters accountable. We’re highlighting ground breaking and life-altering stories through ourEJ in Action Blog. And we’re investing in communities through innovative grants and expanding technical support to bring about greener spaces where we live, learn, work, play and pray.
EPA Grant Awarded to Clean Anacostia River in Washington, DC
EPA Grant Awarded to Clean Anacostia River in Washington, DC
That’s why I’m proud to declare February 2014 as Environmental Justice Month at EPA, highlighting our progress while also launching a yearlong effort to focus our environmental justice leadership and reaffirm our commitment to do even more. This effort supports our top priority to make a visible difference in the communities where we serve — because we know that local progress doesn’t just guide our actions; it’s the best measure of our success.
A critical step is making good on our Plan EJ 2014 commitments, our roadmap for integrating environmental justice throughout EPA’s policies and programs. It’s already helped us to better consider how the costs and benefits of our decisions impact those most vulnerable among us. Our Regions will continue expanding their on-the-ground work to support communities. And along with our federal partners, we’ll continue developing analytical and educational resources to advance environmental justice through the National Environmental Policy Act.
Untitled-3But we know there’s much more to do.  Too many communities of color, low-income families, and tribal populations are still overburdened with higher rates of asthma, heart disease, cancer, and strokes resulting from dirty air, unsafe drinking water, and more. Devastating impacts of climate change disproportionately threaten those least able to do to anything about them. Environmental and public health threats are barriers to economic mobility, holding back millions of families striving for middle-class security and a chance to get ahead. EPA has a central role in the President’s efforts to break down those barriers and expand opportunities for all Americans.
So throughout the year, tune in to EPA to find out more about the great events that are going on across the country to commemorate this historic milestone, and to find out about the exciting developments going on in EPA and across the government to advance environmental justice.  As EPA Administrator, I’m proud to celebrate the 20thanniversary of the launch of our pursuit of environmental justice by recommitting our agency to the pursuit of equal opportunity for all—our most fundamental American ideal.
About the author: Gina McCarthy currently serves as the Administrator of the U.S. Environmental Protection Agency.

BOTCHED PROCESS DENIED THOUSANDS OF NJ RESIDENTS MILLIONS IN SANDY RELIEF

NJ Spotlight, Feb. 6, 2014

By COLLEEN O’DEA

Report shows vast majority of homeowners won appeals after state corrected flawed damage estimates

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Three-quarters of all those who appealed denial of federal Sandy aid from two popular housing assistance programs administered by the state of New Jersey wound up winning their appeals, raising new questions about the distribution of the funds.

As a result, the Cherry Hill-based Fair Share Housing Center, which yesterday released new data it received from the state Department of Community Affairs as the result of an Open Public Records Act request, charged that the contractor hired — and subsequently fired — by the Christie administration “botched” the entire process of providing aid.

The center called for an independent audit of the $600 million Reconstruction, Rehabilitation, Elevation and Mitigation program and the $180 million Resettlement program.

“When I see this scale of dysfunction, I can’t believe in the state doing the audit at this point,” said Adam Gordon, a Fair Share staff attorney. “It has to be someone who has independence.”

But Lisa Ryan, a DCA spokeswoman on Sandy recovery, said many of the initial denials resulted because the state had been using damage assessments from the Federal Emergency Management Agency that it found to be inaccurate. It sought and received approval from the U.S. Department of Housing and Urban Development to use applicants’ damage estimates from insurance companies or the U.S. Small Business Administration for their appeals and the result was the high success rate.

“DCA has ensured that anyone initially rejected received a thorough review of their application, resulting in reinstatement of eligibility and the award of recovery funds in every single eligible case,” she said.

According to Ryan, “several thousand” homeowners out of 40,000 who applied to the RREM and Resettlement programs were rejected because they did not meet eligibility requirements, one of which was that their residence had sustained at least $8,000 in damage due to Sandy. All of those deemed ineligible received a letter outlining the reason and stating they could appeal within 30 days, she continued.

“Noting the high number of ineligibility determinations, we investigated and learned FEMA provided the state with inaccurate damage assessment data,” said Ryan. “As a result, we obtained HUD approval to allow applicants to demonstrate damage through third-party sources other than FEMA data.”

FEMA officials could not be reached for comment.

According to an analysis of the Fair Share data, 789 of 1,069 people, or 73.8 percent, who appealed an RREM determination with either Hammerman and Gainer Inc., the firm the state had hired to manage the programs, or DCA, and 1,124 of 1,464 who appealed a Resettlement rejection – 76.8 percent – won their appeals and are now considered eligible for a grant. The Resettlement grants are $10,000 per home owner, while the RREM grants range up to $150,000.

Gordon called Ryan’s assertions about inaccurate FEMA data “new and interesting” but said they raised more questions.

“Why is that only coming to light now?” Gordon asked. “Did they hide it for the last seven months? Why didn’t (DCA Commissioner Richard) Constable even mention it as recently as a month ago in legislative testimony?”

The claim further bolsters Fair Share’s assertion that DCA should review all rejected applications, including those of people who did not file an appeal, Gordon said.

That call was echoed by the Housing and Community Development Network of New Jersey, a group of organizations and individuals that supports creation of housing and economic opportunities for low- and moderate-income residents.

“There’s too much at stake not to go through with that review,” said Nina Arce, a network spokeswoman. “Things have to be fixed. We know that and the governor knows that.”

According to the data, nearly 1,800 people deemed ineligible for Resettlement grants and almost 2,200 rejected for RREM money did not file any appeal. Fair Share said it’s “impossible to know from the data provided how many of those applicants” may have been eligible. It contends the appeals process was not clear and noted that, for several months, no information about appeals appeared on the Spanish-language version of the state’s Sandy recovery website.

"The Christie Administration’s widespread rejection of large numbers of families actually eligible for Sandy aid shows that the Sandy recovery process has been flawed from start to finish," Gordon said. "Who knows how many thousands more have been denied aid because the Christie Administration botched the process. Is this why HGI was fired? The public, especially those still out of their homes, deserve an answer. And people who were denied unfairly should not be barred from getting help with their homes because of the Christie Administration’s and HGI’s mistakes."

The Christie administration quietly terminated its three-year, $67.7 million deal with HGI last December, just seven months after signing the contract. State officials have not explained why they terminated the contract or who is running the programs now.

U.S. Rep. Bill Pascrell Jr. (D-9th District), also urged Gov. Chris Christie to reopen the RREM application process, which closed last Aug. 1, “so folks can get access to the help they need.” And he concurred with Gordon’s call for HUD to conduct independent monitoring in New Jersey, akin to audits done in the wake of Hurricane Katrina that found hundreds of millions of dollars in aid unaccounted for.

"Today’s revelations shed some light on just how grossly mishandled the largest Sandy housing program really was,” Pascrell said. “I’ve been saying from the start that the numbers just don’t add up.

“Furthermore, the excuses and lack of transparency need to end,” Pascrell said. “We need a full accounting of the HGI contract, and I urge HUD to require the appointment of an independent monitor before the next round of funding goes out to ensure there isn’t further mismanagement. The people of New Jersey deserve some answers.”

"What is Governor Christie hiding on HGI?" Gordon said. "Why hasn’t he come clean before with the fact that they apparently couldn’t perform the most basic task of their $68 million contract – determining whether people are eligible for Sandy aid? It’s good that HGI is now gone. But we need a full explanation of why HGI was fired. And then the administration and HUD have to clean up HGI’s mistakes."

He added that Christie also should explain why it gave HGI a more than $10 million "settlement" of litigation that may or may not have existed.

It’s especially important to get answers as the Christie administration moves forward with plans to use the next $1.4 billion in federal funds, as announced on Monday. Fair Share wants that action plan modified so that those “unfairly left out” of the current funding can get a chance to get compensation in the next round.

Arce criticized the new action plan as “pretty much a business-as-usual model that makes no fixes to the problems we have seen.”

Fair Share also called for investigation into questions about the distribution of Sandy recovery funds that were not designated for individuals but for communities.

Questions recently have been raised about the alleged distribution of Sandy aid for political purposes. For instance, $6 million was designated for a senior citizens center in Belleville, which suffered comparatively little damage. And Hoboken, several blocks of which were underwater due to the storm, received far less in aid from the Hazard Mitigation Grant Program Energy Allocation Initiative than communities that were relatively unscathed. That city’s mayor has charged that Lt. Gov. Kim Guadagno threatened to withhold Sandy aid unless she pushed through a high-rise development represented by a Christie ally, a charge Guadagno denies.

RREM and Resettlement Program Statistics:

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Spreading the Word About Sandy Aid

NJ News Commons, Feb. 5, 2014

by Mary Mann

A second round of Sandy aid was announced by the State of New Jersey on Monday, February 3, and the Citizens Campaign wants to help you parse the information and solicit public comment.

Working with the New Jersey Recovery Fund, the Citizen’s Campaign will hold a conference call/webinar on Friday February 7 at 1 p.m.. Stacy McCormack from American Littoral Society and Kevin Walsh from Fair Share Housing Center will be on the call to provide more information about the plan and provide tips on testifying or submitting comments. Find out more about the webinar here.

Three public meetings will be held on February 11 from 4-7 p.m. at Richard Stockton College in Galloway, February 12 from 5:30 to 8:30 p.m. at NJIT in Newark, and February 13 from 4-7 p.m. at Brookdale Community College in Lincroft.

Those interested in speaking at the public hearings must register online at sandy.publiccomment or by mail to the attention of Gabrielle Gallagher, NJ Department of Community Affairs, 101 South Broad Street, P.O. Box 800, Trenton, NJ 08625. All comments must be received on or before March 5, 2014, at 5:00 p.m. to be considered.

For more information about New Jersey’s Superstorm Sandy recovery efforts or to download a copy of the State’s Action Plan and related amendments, visit http://www.nj.gov/dca or request a copy at the above mentioned address. Both Action Plan Amendments (Substantial Amendments #6 and #7) are available on the DCA’s website http://www.nj.gov/dca.

BREAKING: Powerful Developer That Received Sandy Aid Has No Experience Building Affordable Housing

New Brunswick Today, Feb. 5, 2014

Sources: Boraie Development Reneged on Agreement to Sell Affordable Condos in Spring St. Highrise

By Charlie Kratovil

NEW BRUNSWICK, NJ—The Christie administration may have made false claims about a local developer when they announced $4.8 million in Hurricane Sandy relief funds went to accelerate the construction of a luxury apartment tower planned for Somerset Street.

The tower had been approved by the city’s Planning Board eight months before Hurricane Sandy struck.

Contrary to claims made by the Christie administration, it appears that the recipient of the recovery funds, Boraie Development LLC, has never before provided affordable housing in New Jersey.

Boraie Development has promised to rent 48 of the tower’s 238 apartments at "affordable" rates, qualifying the project for a numerous city and state tax breaks, as well as the Sandy funds. The project also includes a parking garage, fitness center, and retail space.

The new building, dubbed "Somerset Mews," was the first of 37 projects to break ground with the help of Sandy recovery funds.

Boraie has developed a movie theater in Newark, several office and retail spaces in downtown New Brunswick, as well as a 25-story luxury condominium complex, and the building that houses the Middlesex County Sheriff’s Department.

However, it appears that the firm has not yet offerred affordable housing units in New Jersey.

In fact, multiple sources say the company actually reneged on a deal to offer affordable condominiums in One Spring Street, a luxury highrise condo complex just a few blocks away from the Somerset Mews construction site.

The administration erroneously claimed that Boraie Development had experience providing "affordable housing opportunities to NJ residents" in a press release announcing the groundbreaking of the controversial project that received Sandy aid.

In the September 23 release, the state touts that Boraie "has worked successfully in the past to construct and sell Spring Street Plaza, a 120-unit condominium project that provided affordable housing opportunities to NJ residents."

one-spring-st.jpg

But multiple sources tell NBToday that Boraie requested and received affordable housing funds for the Spring Street project, then later decided against selling any of the units in the luxury building at affordable prices.

According to property records, the first 103 condominiums were sold for an average of $524,448.

Sources say the developer later returned the affordable housing money back to the state government, who agreed to write it off as a $15 million interest-free, "construction only loan."

"HMFA provided a construction only loan to the Boriae Development, LLC for the creation of 120 for-sale units," said Department of Community Affairs spokeswoman Tammori Petty. "Boriae Development, LLC has repaid the agency as agreed."

Representatives for the NJ Department of Community Affairs, the NJ Housing and Mortgage Finance Agency, and Boraie Development did not return phone and email messages asking about the discrepancy.

And that wasn’t the only promise the developer broke when it built the highrise.

As we reported in 2012, it was not until after the Spring Street project was finished that city officials discovered it had 25 less parking spaces than had been promised in the attached seven-story parking garage.

In part because of this broken promise, the building’s deck does not offer any public parking spaces. It was originally supposed to include 86 metered spaces for the general public to replace a surface parking lot that was originally on the site.

Boraie and his family are among New Brunswick’s most generous political contributors, and some of the most powerful property owners in the city. They are also involved in major development projects in Newark and Atlantic City, each one recipients of millions in various government subsidies.

The Christie administration’s September 23 press statement lists various amounts of governmental assistance going to Somerset Mews, the controversial 16-story luxury building under construction. In total, the amounts of aid listed exceed the total development cost of the project by $3.6 million.

"Aside from the $4.8 million [in Sandy relief funds], the HMFA provided Somerset Mews with $60.5 million in funding through its Multifamily Conduit Bond Program and awarded the project federal Low Income Housing Tax Credits that will generate approximately $5.8 million in equity," reads the questionable release.

"The NJEDA has awarded the project $15.3 million in funding through the Urban Transit Hub Tax Credit Program. "

boraie-groundbreaking.jpg

Simple math shows that something just does not add up.

According to the release, the government loans, tax credits, and direct assistance totaled $86.4 million. The same release listed the total development cost as $82.8 million.

The Department of Community Affairs did not respond to a request for comment on the discrepancy or the alleged inaccuracies in the press release.

"Let me look into this for you tomorrow," emailed the state spokesperson on Monday.

Anthony Marchetta, head of the NJ Housing and Mortgage Finance Agency, did not respond to messages left via email and phone.

Marchetta’s cousin, Russell Marchetta, is the spokesman for New Brunswick Mayor James Cahill, a frequent recipient of political donations from the Boraie family.

Since we reported on the Somerset Mews Sandy funding award last week, a story that was first broken by NBC New York’s investigative reporter Chris Glorioso, many readers were shocked that such a large aid package was going to support a project in a neighborhood and city not seriously damaged by the superstorm.

The Governor has been on the defensive about this and several other questionable uses of Sandy funding, as well as other high-profile scandals rapidly unfolding as Christie begins a second four-year term.

On Monday, Christie said he would start to shift the administration’s focus when it came to spending federal rebuilding funds.

A statement issued by Christie announced the state’s intent "to amend the current New Jersey Disaster Recovery Action Plan to provide $17 million in tenant-based housing vouchers for low-income families and to create a $5 million Lead Hazard Reduction Program to protect children from increased lead poisoning threats in Sandy-damaged homes."