60-Day Notice of Proposed Information Collection: Energy Benchmarking OMB Control No.: 2502-NEW, 52703-52708 [2016-18877]
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Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices
all applicable DHS automated systems
security and access policies. Strict
controls have been imposed to minimize
the risk of compromising the
information that is being stored. Access
to the computer system containing the
records in this system is limited to those
individuals who have a need to know
the information for the performance of
their official duties and who have
appropriate clearances or permission.
RETENTION AND DISPOSAL:
Under the NARA-approved records
retention schedule for LeadTrac, records
must be retained for 75 years. ICE
intends to request NARA approval to
retain LeadTrac records for 25 years
from the date the record was created.
Under this schedule, records would be
kept as active in LeadTrac for 20 years,
and archived for an additional five-year
period. After the 25-year period, the
information would be destroyed or, if
deemed necessary, retained further
under a reset retention schedule.
SYSTEM MANAGER AND ADDRESS:
Section Chief, Counterterrorism and
Criminal Exploitation Unit (CTCEU),
Homeland Security Investigations, U.S.
Immigration and Customs Enforcement,
1515 Wilson Boulevard, Arlington, VA
22209.
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NOTIFICATION PROCEDURE:
Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to
contest its content, may submit a
request in writing to ICE’s Freedom of
Information Act (FOIA) Officer or the
Chief Privacy Officer whose contact
information can be found at https://
www.dhs.gov/foia under ‘‘Contacts.’’ If
an individual believes more than one
component maintains Privacy Act
records concerning him or her, the
individual may submit the request to
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
Department of Homeland Security, 245
Murray Drive SW., Building 410, STOP–
0655, Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system of records, your
request must conform with the Privacy
Act regulations set forth in 6 CFR part
5. You must first verify your identity,
meaning that you must provide your full
name, current address, and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
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may obtain forms for this purpose from
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
https://www.dhs.gov/foia or 1–866–431–
0486. In addition, you should:
• Explain why you believe the
Department would have information on
you;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records.
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without the above information, the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
Individuals who wish to contest the
accuracy of records in this system of
records should submit these requests to
the ICE Office of Information
Governance and Privacy. Requests must
comply with verification of identity
requirements set forth in Department of
Homeland Security Privacy Act
regulations at 6 CFR 5.21(d). Please
specify the nature of the complaint and
provide any supporting documentation.
By mail (please note substantial delivery
delays exist): ICE Office of Information
Governance and Privacy, 500 12th Street
SW., Mail Stop 5004, Washington, DC
20536. By email:
ICEPrivacy@ice.dhs.gov. Please contact
the Office of Information Governance
and Privacy with any questions about
submitting a request or complaint at
202–732–3300 or
ICEPrivacy@ice.dhs.gov.
RECORD SOURCE CATEGORIES:
Records are obtained from key DHS
systems of records to include but not
limited to:
• Arrival and Departure Information
System (ADIS). 80 FR 72,081 (November
18, 2015).
• Student and Exchange Visitor
Information System (SEVIS). 75 FR 412
(January 5, 2010).
• Enforcement Integrated Database
(EID/ENFORCE). 80 FR 24,269 (April
30, 2015).
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• TECS (not an acronym). 73 FR
43,457 (July 25, 2008).
• Benefits Information Systems (BIS).
73 FR 56,596 (September 29, 2008).
• Automated Biometric Identification
System (IDENT). 72 FR 31,080 (June 5,
2007).
Records are also obtained from the
U.S. Department of State’s Consular
Consolidated Database (CCD) (77 FR
65,245 (Oct. 25, 2012)), commercial
databases, and public sources.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(j)(2), has
exempted this system from the
following provisions of the Privacy Act:
5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1),
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I),
(e)(5), (e)(8); (f); and (g). Additionally,
the Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(k)(2) has
exempted this system from the
following provisions of the Privacy Act:
5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1),
(e)(4)(G), (e)(4)(H), (e)(4)(I); and (f).
When a record received from another
system has been exempted in that
source system under 5 U.S.C. 552a(j)(2)
or (k)(2), DHS will claim the same
exemptions for those records that are
claimed for the original primary systems
of records from which they originated
and claims any additional exemptions
set forth here.
Dated: August 3, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–18810 Filed 8–8–16; 8:45 am]
BILLING CODE 9111–28–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5913–N–17]
60-Day Notice of Proposed Information
Collection: Energy Benchmarking OMB
Control No.: 2502–NEW
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice.
AGENCY:
HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 60 days of public
comment.
SUMMARY:
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DATES:
Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices
Comment Due Date: October 11,
2016.
Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and should be
sent to: Colette Pollard, Reports
Management Officer, QDAM,
Department of Housing and Urban
Development, 451 7th Street SW., Room
4176, Washington, DC 20410–5000;
telephone 202–402–3400 (this is not a
toll-free number) or email at
Colette.Pollard@hud.gov for a copy of
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
Electronic Submission of Comments.
Interested persons may submit
comments electronically through the
Federal eRulemaking Portal at
www.regulations.gov. HUD strongly
encourages commenters to submit
comments electronically. Electronic
submission of comments allows the
commenter maximum time to prepare
and submit a comment, ensures timely
receipt by HUD, and enables HUD to
make them immediately available to the
public. Comments submitted
electronically through the
www.regulations.gov Web site can be
viewed by other commenters and
interested members of the public.
Commenters should follow the
instructions provided on that site to
submit comments electronically.
ADDRESSES:
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Note: To receive consideration as public
comments, comments must be submitted
through one of the two methods specified
above. Again, all submissions must refer to
the docket number and title of the notice.
No Facsimile Comments. Facsimile
(fax) comments are not acceptable.
FOR FURTHER INFORMATION CONTACT: Stan
Houle, Office of Multifamily Housing
Programs, Department of Housing and
Urban Development, 451 7th Street SW.,
Room 10139, Washington, DC 20410,
telephone 202–708–3054. (This is not a
toll-free number.) Persons with hearing
or speech impairments may access these
numbers through TTY by calling the
toll-free Federal Information Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
I. Background
deploy the tools and technology needed
to build a new energy economy. The
residential building sector is responsible
for fully 21 percent of the nation’s
greenhouse gas emissions. Utility costs
(energy and water) account for around
22 percent of public housing operating
budgets and a similar share in the
assisted housing sector. HUD spends an
estimated $6.4 billion annually to cover
the costs of utilities in its public and
assisted housing programs.1
HUD is committed to creating energyefficient, water-efficient, and healthy
housing as part of a broader effort to
foster the development of inclusive,
sustainable, and resilient communities.
Investments in energy-efficiency and
water-efficiency pay dividends by
improving occupant comfort, reducing
tenant turnover, stabilizing operating
costs, alleviating taxpayer burden,
preserving affordable housing, ensuring
disaster resilience, and mitigating
climate change. As such, the Office of
Multifamily Housing Programs in HUD’s
Office of Housing has taken several
steps to encourage greater energy and
water efficiency in multifamily housing,
including:
• Updating and standardizing the
utility allowance methodology for
assisted properties that must submit
annual documentation of utility
allowances (estimated 70 percent of
portfolio); 2 (See Section ‘‘Other PRA
Collections that Impact this
Submission’’ for more information on
how other previously approved PRA
collections relate to Energy
Benchmarking.)
• Offering incentives to multifamily
owners and management agents who
have joined the Better Buildings
Challenge, set a goal of reducing energy
and/or water use by 20 percent within
10 years, and established themselves as
leaders in the field with respect to
energy and/or water efficiency; 3
• Providing access to capital to make
energy improvements by implementing
changes to the Federal Housing
Administration’s (FHA) underwriting
standards in the Multifamily
Accelerated Processing Guide (MAP
Guide) to allow greater loan proceeds
from standard offerings, supporting
products such as the Fannie Mae Green
Preservation Plus loan, and affirming
how owners may use reserve for
replacement funds to make energy and/
The President’s Climate Action Plan
The President’s Climate Action Plan
calls on Federal agencies to rapidly
increase investments in energy
productivity, eliminate energy waste,
ramp up efficiency standards, and
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1 See https://portal.hud.gov/hudportal/
documents/huddoc?id=afrfy13_egyeff.pdf.
2 See https://portal.hud.gov/hudportal/documents/
huddoc?id=15-04hsgn.pdf.
3 See https://www4.eere.energy.gov/challenge/
home.
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or water improvements; 4 (See Section
‘‘Other PRA Collections that Impact this
Submission’’ for more information on
how other previously approved PRA
collections relate to Energy
Benchmarking.)
• Lowering annual multifamily
mortgage insurance premiums for
energy-efficient properties (those
committed to achieving an industryrecognized green building standard and
to maintaining energy performance in
the top 25 percent of multifamily
buildings nationwide);
• Developing and implementing a
standardized Capital Needs Assessment
suite of online tools (CNA e-Tool)
available (later in 2016) for free to assist
borrowers with submitting standard
information to HUD, the U.S.
Department of Agriculture, and others; 5
• Developing a ‘‘pay for success’’
demonstration program under which the
Department will execute budget-neutral,
performance-based agreements that
result in a reduction in energy or water
costs. Recent legislation authorized
HUD to implement this pilot from FY
2016 to FY 2019 in up to 20,000 units
of multifamily buildings participating in
the PBRA, Sec. 202 and Sec. 811
programs; and
• Publishing guidance on utilizing
Property Assessed Clean Energy (PACE)
financing with HUD-assisted and FHAinsured properties.
Accounting for Energy and Water Usage
While HUD has a vested interest in
eliminating energy and water waste in
the assisted housing stock and
stabilizing operating costs in both the
insured and assisted housing stocks, to
ensure that taxpayer investments in
multifamily housing are viable for the
long-term, the Office of Multifamily
Housing Programs is currently unable to
effectively analyze the energy and water
use patterns, improvement potential,
and investment needs of properties in
the assisted and insured portfolios.
In 2003 and 2008, the Harvard
Graduate School of Design 6 and the
Government Accountability Office,7
respectively, strongly recommended
that HUD require the practice of utility
benchmarking across its housing
portfolios. Utility benchmarking
involves tracking the utility
consumption of a development on an
on-going basis, calculating the energy
4 See https://www.fanniemae.com/portal/aboutus/media/corporate-news/2014/6117.html.
5 See Form HUD–9001a–ORCF at https://
portal.hud.gov/hudportal/HUD?src=/program_
offices/administration/hudclips/forms/hud9.
6 See https://portal.hud.gov/hudportal/documents/
huddoc?id=DOC_9238.pdf.
7 See https://www.gao.gov/products/GAO-09-46.
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Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices
and water efficiency of the
development, and comparing its
efficiency to similar developments. It is
a valuable tool in the strategic
management of building portfolios. As
such, a growing number of municipal
and state governments across the
country are instituting utility
benchmarking requirements across the
country in order that government
policymakers, funding providers, and
building owners alike can make datadriven decisions.
Though obstacles remain, utility
benchmarking is rapidly becoming
quicker, easier, more automated, and
more integrated as it becomes an
industry-standard best practice. In
September 2014, the U.S.
Environmental Protection Agency (EPA)
developed a new feature for its free,
web-based tool called ENERGY STAR
Portfolio Manager, which allows users
to calculate an energy-efficiency rating
or ‘‘benchmarking score’’ for most
multifamily developments.
Benchmarking scores developed
through ENERGY STAR Portfolio
Manager are officially known as
ENERGY STAR Scores. These scores are
available for multifamily housing
properties of 20 units or more. A score
of 50 indicates energy performance
consistent with the national median,
while 100 represents a top performer,
and a score of at least 75 may make
buildings eligible for ENERGY STAR
certification.8 The EPA will release a
similar benchmark score for water usage
in approximately a year. With these
advancements, building owners across
the country now have access to a free
tool for utility benchmarking that can be
used without the need to hire a building
professional.
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A Deeper Look at Utility Benchmarking
Utility benchmarking helps building
owners to understand their buildings’
energy and water performance, allowing
them to detect malfunctioning
equipment and billing errors, prioritize
operational and capital improvements,
verify the return on those investments,
and plan future budget needs. Indeed,
the practice of utility benchmarking
leads to significant improvements in
building performance. Based on analysis
of more than 35,000 buildings covered
by newly established local energy
8 See https://www.energystar.gov/buildings/
facility-owners-and-managers/existing-buildings/
use-portfolio-manager. See also former HUD
Secretary Shaun Donovan’s July 17, 2014, letter to
Property Owners and Operators participating in
HUD programs encouraging the use of EPA’s
ENERGY STAR Portfolio Manager at https://
portal.hud.gov/hudportal/documents/
huddoc?id=SOHUDSignedLetterPHAsMFH.pdf.
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benchmarking laws, EPA found an
average energy use reduction of seven
percent between 2008 and 2011.9
In addition to the direct benefits to
building owners, the sharing of utility
benchmarking data allows government
policymakers and funding providers (in
this case, HUD acts as both) to account
for utility expenditures, plan future
budget needs, develop efficiency
incentive programs, offer targeted
technical assistance, and verify the
return on these investments. For over 30
years, HUD has been promoting energyand water-efficiency work in the public
and assisted housing stocks through
financial incentives, technical
assistance, and pledge programs.
However, utility benchmarking and data
sharing will allow HUD for the first time
to use robust information to direct those
financial incentives, technical
assistance, and pledge programs to the
areas of greatest need, opportunity, and
success.
Utility consumption and cost tracking
by a building owner is the first step of
utility benchmarking, and multiple
approaches to this are available. The
most direct method is to request wholebuilding utility data directly from the
utility provider(s), covering the sum of
owner-paid and tenant-paid accounts.
When that is not possible, building
owners may collect utility data for
owner-paid accounts simply by
compiling the information from their
electronic or paper utility bills into a
spreadsheet or web-based tool like
ENERGY STAR Portfolio Manager.
Some utility providers offer easy
downloads of this information directly
from their Web sites.
Building owners may then collect
utility data for tenant-paid accounts
either by requesting the information
directly from tenants in accordance with
existing lease provisions, or, in some
cases, by submitting individual tenantdata release forms to the utility
provider. Once received, this utility data
should be added to the spreadsheet or
web-based tool to offer a complete
picture of the whole-building utility
consumption and cost. If using ENERGY
STAR Portfolio Manager, (OMB 2060–
0347) the software will then
automatically calculate a variety of
useful metrics, such as the Site and
Source Energy Use Intensity (EUI), Site
Water Use Intensity (WUI), ENERGY
STAR Score for Energy, and ENERGY
STAR Score for Water. With this
information, building owners are
9 See https://www.energystar.gov/sites/default/
files/buildings/tools/DataTrends_Savings_
20121002.pdf.
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empowered to make more strategic
decisions.
Cities across the country have enacted
utility benchmarking and data sharing
ordinances that ask commercial and
multifamily building owners to track
and disclose energy and/or water usage.
Each program has unique building size
requirements and different disclosure
procedures.
At this time and with this notice,
HUD is proposing limited requirements
for utility benchmarking and data
sharing, in order to balance the need to
institute contemporary best practices
and strategically manage the housing
portfolio with the burden presented to
building owners of adopting a new
reporting requirement. Whereas an
increasing number of state and local
laws require utility benchmarking on an
annual basis, HUD is proposing ‘‘spotcheck’’ utility benchmarking on a less
frequent basis. And whereas state and
local benchmarking laws generally
require utility benchmarking based on
whole-building data, HUD intends to
accept metrics developed with sampled
tenant-paid utility data when whole
building data are not available.
Together, this will allow building
owners to begin practicing utility
benchmarking while the market
continues to build support for more
integration and automation of this best
practice.
Over time, the Department will use
the scores, along with EUI and WUI
metrics, to see if energy and water
efficiency is increasing, decreasing, or
staying the same in the multifamily
portfolio. The Office of Multifamily
Housing Programs will use the
information to assess energy and/or
water efficiency needs and
opportunities in the portfolio.
Benchmarking data may also be used to
inform the development of new policy
initiatives, financial incentives,
technical assistance, and pledge
programs. Energy benchmarking will
become more valuable over time as
multiple years of energy consumption
data are available.
II. Proposed Information Collection
To build a foundation of awareness
and data concerning the current
building performance of the multifamily
building stock, as well as to guide and
spur energy- and water-efficiency
investments in multifamily housing,
HUD proposes, through this notice, to
require owners of covered property
types to provide HUD’s Office of
Multifamily Housing Programs with the
following metrics for each property
when completing several types of
property transactions: Site and Source
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Energy Use Intensities (EUI), Site Water
Use Intensity (WUI), and the ENERGY
STAR Score for Energy, and—when
available from EPA—the Energy Star
Score for Water. The Portfolio Manager
software calculates and reports these
metrics in a standardized format. The
Energy Star Score for Water is currently
pending release by EPA, and so it will
not be required until it is available.
HUD will provide at least 90 days
advance notice before a requirement to
submit water efficiency data goes into
effect.
Site EUI represents a property’s
energy use per square foot of gross floor
area, expressed in thousand British
thermal units per square foot (kBTU/ft2),
a standardized measure of thermal
power consumption regardless of fuel
source. Source EUI includes an
adjustment to reflect how the energy
was produced and transmitted, and this
metric is calculated by Energy Star
Portfolio Manager and used as the basis
for the Energy Star Score for Energy.
Site WUI represents a property’s water
use per square foot of gross floor area,
expressed in gallons per square foot
(gal/ft2). The Energy Star Score for
Energy and Water each serve as a
ranking of a property’s Source EUI and
Site WUI, respectively, compared to
similar properties.
There are a few exceptions to the
stated information collection
requirements. Only properties that have
been in existence for at least 12 months
and that include 20 housing units or
more are eligible to receive an Energy
Star Score for Energy or Water, and so
these two metrics will not be required
for ineligible properties. Properties with
less than 20 units are encouraged to
submit EUI and WUI data, but will not
be not required to submit this analysis
to HUD.
Additionally, for the purposes of this
basic information collection effort, the
Office of Multifamily Housing Programs
will accept metrics calculated using
either whole building data or a
combination of whole owner-paid
utility data and sampled tenant-paid
utility data. It is important to
understand, however, that metrics
calculated with less than whole
building data are not accepted by EPA
for the purposes of Energy Star
certification. If choosing to use sampled
tenant-paid utility data, owners must
meet or exceed the standards outlined
in this document.
Finally, for the Department’s
purposes, the required metrics will be
considered valid for three years beyond
the 12-month period upon which they
are based. For example, an ENERGY
STAR Score based on 2015 calendar-
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year utility data and generated in 2016
will be accepted by HUD for any
required reporting under this notice in
2016, 2017, and 2018. An ENERGY
STAR Score based on 2013 calendaryear data and generated in 2016 will be
accepted by HUD for any required
reporting under this notice in 2016, but
not in 2017. At this point, the owner
would need to provide more recent data.
The frequency is intended to align
benchmarking with information
collection efforts undertaken by HUDassisted properties in preparing their
utility allowance.
Covered property types include:
• Section 202 Project Rental
Assistance Contracts (PRAC),10
• Section 811 PRAC and Project
Rental Assistance (PRA) contracts,11
• Section 8 Housing Assistance
Payment (HAP) contracts,12
• Multifamily Housing properties
insured under Sections 223(a)(7), 223(f),
221(d)(4), 220, 230, and 241(a)).13
Owners of covered properties are
encouraged to voluntarily submit water
and energy benchmarking data to HUD
on an annual basis. HUD will require
that owners submit benchmarking
information on the following schedule,
subject to revision:
• For HUD assisted properties with a
utility allowance, at the time of a
triennial utility allowance baseline
calculation;
• For HUD-assisted properties where
there is no utility allowance, every third
year at the time of financial statement
submission;
• Prior to issuance of new FHA
mortgage insurance under Sections
223(a)(7), 223(f), nd 241(a));
• With a Capital Needs Assessment
submission required by the Office of
Asset Management and Portfolio
Oversight in HUD’s Office of
Multifamily Housing Programs on a 10year cycle;
10 Under HUD’s regulations for the Section 202
and Section 811 programs at 24 CFR 891.400(d)(2)
Owners are required to submit ‘‘statements
regarding project operation, financial conditions
and occupancy as HUD may require to administer
the PRAC and to monitor project operations
11 Id.
12 Under HUD’s Section 8 Project-Based Rental
Assistance (PBRA) program, owners must submit an
analysis of the project’s utility allowances in
connection with annual rent adjustments and ‘‘. . .
provide to HUD on an annual basis, such financial
information as required by HUD . . .’’. See HUD
regulations at 24 CFR 880.610, (applied to parts 881
and 883by cross-reference), 24 CFR 884.220, 24 CFR
886.126, 24 CFR 891.645, and 24 CFR part 5
Subpart H.
13 Under HUD’s regulations at 24 CFR 200.78,
insured properties ‘‘shall provide cost effective
energy conservation in accordance with
requirements established by’’ HUD.
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• With a Capital Needs Assessment
submission required as part of any
enforcement action.
HUD is seeking feedback on the
required submission points and will
finalize the schedule with the issuance
of an Office of Housing Notice.
Required Format
As noted above, owners seeking a
covered property transaction will be
required to enter data into ENERGY
STAR Portfolio Manager and submit to
HUD the referenced metrics created by
the free web tool. ENERGY STAR
Portfolio Manager has the ability to
automatically generate reports from user
data and offers a variety of standard
formats. HUD will use an existing
standard, machine readable report
format within Portfolio Manager for
HUD owners to utilize in preparing its
benchmarking submission. The format
may be modified over time but content
will remain consistent with the scope of
this Notice. In addition to submission of
data in the specified format, owners
may be asked to ‘‘share’’ their
benchmarking report with the HUD
account in Portfolio Manager to allow
the Department to centrally access data.
Requirements for Underlying Utility
Data
Use of whole building data, including
owner-paid utilities, plus all tenant paid
utilities (even if aggregated), is
preferable when completing utility
benchmarking analysis, as it will give
the most accurate snapshot of a
building’s performance. However, to
calculate the referenced metrics in
Portfolio Manager, some owners may
need to or choose to use a combination
of whole owner-paid utility data and a
sample of tenant-paid utility data as an
alternative to using all of the above.
Please be reminded that metrics
calculated with less than whole
building data are not accepted by EPA
for the purposes of ENERGY STAR
certification. If choosing to use sampled
tenant-paid utility data, owners must
meet or exceed the minimum sampling
standards associated with existing
Office of Multifamily Housing utility
data reporting requirements (see table of
related PRA collections below).
Accepting the sampling already in use
by anticipated respondents will
significantly minimize the additional
administrative burden benchmarking
requirements imposes on those
respondents.
When completed in conjunction with
a HUD utility allowance baseline
analysis, the benchmarking analysis
should generally include (or exceed) the
number of units sampled for the utility
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Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices
allowance (see Notice H 2015–14 14). In
other instances, the Department will
accept analysis using sampled tenant
data that meets or exceeds the lighter
sampling protocol adopted by the
Department of Energy’s Better Buildings
Challenge (BBC). 15 HUD may establish
a different standard for submittals
associated with Capital Needs
Assessments (CNA) or green building
financing programs. In all cases, owners
are encouraged to collect as much utility
data as possible and to sample from a
variety of housing unit sizes and types
within each development in order to
improve the accuracy and usefulness of
the resultant metrics. Owners must
certify that the submitted Portfolio
Manager data meets or exceeds the
required minimum sample.
HUD will consider requests for
additional time to submit benchmarking
data from owners who experience
unexpected delays in obtaining
sufficient sample data from utility
providers or encounter unforeseeable
technical difficulties.
Other PRA Collections That Impact This
Submission
The Department has identified seven
discrete tasks associated with the
process for obtaining and submitting
Portfolio Manager scores, which are
listed in the matrix below. Based on a
review of other Paperwork Reduction
Act submissions, the Department
believes that the PRA requirements for
seven of those eight tasks are addressed
in other submissions, also identified in
the matrix below. Burden hours
calculated for the proposed Information
Collection reflect only the time
associated with generating a report in
Portfolio Manager and submission to
HUD. While the Department recognizes
that respondents may spend significant
time on preparatory activities in order to
submit the data requested under this
collection, the burden hours for those
tasks are already accounted for under
other approved collections.
Relevant PRA information collections
Energy Star
collection
(OMB–2060–
0347)
Tasks Leading to Fulfillment of Requirement:
Tenants submit utility data to owners
Tenants provide release for owner to
request data from utility ................
Utilities compile and share data with
owners ...........................................
Owners compile/prepare tenant-paid
utility data ......................................
Owners compile/prepare owner-paid
utility data ......................................
Owners enter data into Portfolio
Manager ........................................
Direct Requirement Being Proposed.
Owners generate Portfolio Manager
Report and submit to HUD ...........
Multifamily
Project
Applications
Green Building
Program
component
(OMB–2502–
0029)
TRACS
collection
(Utility
allowance
component)
(OMB–2502–
0204)
eCNA
collection
(OMB–2502–
0505)
HUD’s
Multifamily
Housing Utility
Allowance
submission
(OMB 2502–
0352)
Benchmarking
(new
collection)
........................
X
X
........................
X
........................
........................
X
X
........................
X
........................
X
*
*
........................
*
........................
X
*
*
........................
*
........................
X
*
........................
X
........................
........................
X
*
*
........................
........................
........................
........................
........................
........................
........................
........................
X
* In conjunction with FHA financing and Utility Allowance processes, a portion of owners are currently compiling utility consumption data and
utilizing Portfolio Manager.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Effective Date
The utility benchmarking requirement
described in this notice will apply when
executing any covered transaction
beginning 90 days after OMB approval
of the PRA request, and not sooner than
January 1, 2017. The first scheduled
submission date for a majority of
assisted-housing respondents is
estimated to occur in 2019. HUD will
alert owners of the effective date for
reporting requirements through an
Office of Housing Notice, issued after
OMB issues a Notice of Action
approving this PRA collection.
14 https://portal.hud.gov/hudportal/documents/
huddoc?id=15-04hsgn.pdf.
VerDate Sep<11>2014
20:00 Aug 08, 2016
Jkt 238001
III. Information Collection Burden and
Solicitation of Comment
A. Overview of Information Collection
Title of Information Collection:
Multifamily Housing Energy
Benchmarking.
OMB Approval Number: New
proposed collection.
Type of Request: New proposed
collection.
Form Number: N/A.
Description of the need for the
information and proposed use: Please
see Section II of this notice.
Respondents: Multifamily owners,
managing agents and tenants.
Estimated Number of Respondents:
17,049.
Average Hours per Response: .50.
Total Estimated Burden Hours:
8,524.5.
Burden hours take into account other
existing information collections
covering the assembly of utility
information by impacted properties and
the use of ENERGY STAR Portfolio
Manager, these include: HUD’s
Multifamily Housing Utility Allowance
submission (OMB 2502–0352), HUD’s
Tenant Eligibility and Rent Procedures
(OMB 2502–0204), CNAe requirements
(OMB 2502–0505), HUD’s Multifamily
Project Applications Green Building
Program component (OMB–2502–
0029)and ENERGY STAR Certification
(OMB- 2060–0347) by the
Environmental Protection Agency.
15 See Appendix C of the BBC Data Tracking
Manual.
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Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices
[FR Doc. 2016–18877 Filed 8–8–16; 8:45 am]
Control Number and should be sent to:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW., Room 4176, Washington, DC
20410–5000; telephone 202–402–3400
(this is not a toll-free number) or email
at Colette.Pollard@hud.gov for a copy of
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
FOR FURTHER INFORMATION CONTACT:
Ivery W. Himes, Director, Office of
Single Family Asset Management,
Department of Housing and Urban
Development, 451 7th Street SW.,
Washington, DC 20410; email Ivery W.
Himes at Ivery.W.Himes@hud.gov or
telephone 202–708–1672, option 3. This
is not a toll-free number. Persons with
hearing or speech impairments may
access this number through TTY by
calling the toll-free Federal Relay
Service at (800) 877–8339.
Copies of available documents
submitted to OMB may be obtained
from Ms. Himes.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
BILLING CODE 4210–67–P
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Dated: August 3, 2016.
Janet M. Golrick,
Associate General Deputy Assistant Secretary
for Housing-Associate Deputy Federal
Housing Commissioner.
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5913–N–16]
60-Day Notice of Proposed Information
Collection: HUD-Owned Real Estate
Sales Contract and Addendums
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice.
AGENCY:
HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 60 days of public
comment.
SUMMARY:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
B. Solicitation of Public Comment
A. Overview of Information Collection
B. Solicitation of Public Comment
DATES:
Comments Due Date: October 11,
2016.
Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
ADDRESSES:
VerDate Sep<11>2014
20:00 Aug 08, 2016
Jkt 238001
Title of Information Collection: HUDOwned Real Estate Sales Contract and
Addendums.
OMB Approval Number: 2502–0306.
Type of Request: Revision.
Form Numbers: HUD–9544, HUD–
9548, HUD–9548–B, HUD–9548–C,
HUD–9548–G, HUD–9548–H, HUD–
9545–Y, HUD–9545–Z, SAMS–1101,
SAMS–1103, SAMS–1108, SAMS–1110,
SAMS–1111, SAMS–1111–A, SAMS–
1117, SAMS–1120, SAMS–1204,
SAMS–1205.
Description of the need for the
information and proposed use: This
collection of information consists of the
sales contracts and addenda that will be
used in binding contracts between
purchasers of acquired single-family
assets and HUD.
Respondents: Business or other for
profit.
Estimated Number of Respondents:
14,082.
Estimated Number of Responses:
140,989.
Frequency of Response: On occasion.
Average Hours per Response: 5–30
minutes.
Total Estimated Burdens: 50,275.
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following: (1) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility; (2) The accuracy of the
agency’s estimate of the burden of the
proposed collection of information; (3)
Ways to enhance the quality, utility, and
clarity of the information to be
collected; and (4) Ways to minimize the
burden of the collection of information
on those who are to respond; including
through the use of appropriate
automated collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
HUD encourages interested parties to
submit comment in response to these
questions.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Dated: August 3, 2016.
Janet M. Golrick,
Associate General Deputy Assistant Secretary
for Housing, Associate Deputy Federal
Housing Commissioner.
[FR Doc. 2016–18876 Filed 8–8–16; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R3–ES–2016–N123;
FXES11130300000–167–FF03E00000]
Endangered and Threatened Wildlife
and Plants; Permit Applications
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service, invite the public to
comment on the following applications
for a permit to conduct activities
intended to enhance the survival of
endangered or threatened species.
Federal law prohibits certain activities
with endangered species unless a permit
is obtained.
DATES: We must receive any written
comments on or before September 8,
2016.
SUMMARY:
Send written comments by
U.S. mail to the Regional Director, Attn:
Carlita Payne, U.S. Fish and Wildlife
Service, Ecological Services, 5600
ADDRESSES:
E:\FR\FM\09AUN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 153 (Tuesday, August 9, 2016)]
[Notices]
[Pages 52703-52708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18877]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5913-N-17]
60-Day Notice of Proposed Information Collection: Energy
Benchmarking OMB Control No.: 2502-NEW
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: HUD is seeking approval from the Office of Management and
Budget (OMB) for the information collection described below. In
accordance with the Paperwork Reduction Act, HUD is requesting comment
from all interested parties on the proposed collection of information.
The purpose of this notice is to allow for 60 days of public comment.
[[Page 52704]]
DATES: Comment Due Date: October 11, 2016.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposal. Comments should refer to the proposal by name and should
be sent to: Colette Pollard, Reports Management Officer, QDAM,
Department of Housing and Urban Development, 451 7th Street SW., Room
4176, Washington, DC 20410-5000; telephone 202-402-3400 (this is not a
toll-free number) or email at Colette.Pollard@hud.gov for a copy of the
proposed forms or other available information. Persons with hearing or
speech impairments may access this number through TTY by calling the
toll- free Federal Relay Service at (800) 877-8339.
Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly encourages commenters to submit
comments electronically. Electronic submission of comments allows the
commenter maximum time to prepare and submit a comment, ensures timely
receipt by HUD, and enables HUD to make them immediately available to
the public. Comments submitted electronically through the
www.regulations.gov Web site can be viewed by other commenters and
interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
Note: To receive consideration as public comments, comments must
be submitted through one of the two methods specified above. Again,
all submissions must refer to the docket number and title of the
notice.
No Facsimile Comments. Facsimile (fax) comments are not acceptable.
FOR FURTHER INFORMATION CONTACT: Stan Houle, Office of Multifamily
Housing Programs, Department of Housing and Urban Development, 451 7th
Street SW., Room 10139, Washington, DC 20410, telephone 202-708-3054.
(This is not a toll-free number.) Persons with hearing or speech
impairments may access these numbers through TTY by calling the toll-
free Federal Information Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
The President's Climate Action Plan
The President's Climate Action Plan calls on Federal agencies to
rapidly increase investments in energy productivity, eliminate energy
waste, ramp up efficiency standards, and deploy the tools and
technology needed to build a new energy economy. The residential
building sector is responsible for fully 21 percent of the nation's
greenhouse gas emissions. Utility costs (energy and water) account for
around 22 percent of public housing operating budgets and a similar
share in the assisted housing sector. HUD spends an estimated $6.4
billion annually to cover the costs of utilities in its public and
assisted housing programs.\1\
---------------------------------------------------------------------------
\1\ See https://portal.hud.gov/hudportal/documents/huddoc?id=afrfy13_egyeff.pdf.
---------------------------------------------------------------------------
HUD is committed to creating energy-efficient, water-efficient, and
healthy housing as part of a broader effort to foster the development
of inclusive, sustainable, and resilient communities. Investments in
energy-efficiency and water-efficiency pay dividends by improving
occupant comfort, reducing tenant turnover, stabilizing operating
costs, alleviating taxpayer burden, preserving affordable housing,
ensuring disaster resilience, and mitigating climate change. As such,
the Office of Multifamily Housing Programs in HUD's Office of Housing
has taken several steps to encourage greater energy and water
efficiency in multifamily housing, including:
Updating and standardizing the utility allowance
methodology for assisted properties that must submit annual
documentation of utility allowances (estimated 70 percent of
portfolio); \2\ (See Section ``Other PRA Collections that Impact this
Submission'' for more information on how other previously approved PRA
collections relate to Energy Benchmarking.)
---------------------------------------------------------------------------
\2\ See https://portal.hud.gov/hudportal/documents/huddoc?id=15-04hsgn.pdf.
---------------------------------------------------------------------------
Offering incentives to multifamily owners and management
agents who have joined the Better Buildings Challenge, set a goal of
reducing energy and/or water use by 20 percent within 10 years, and
established themselves as leaders in the field with respect to energy
and/or water efficiency; \3\
---------------------------------------------------------------------------
\3\ See https://www4.eere.energy.gov/challenge/home.
---------------------------------------------------------------------------
Providing access to capital to make energy improvements by
implementing changes to the Federal Housing Administration's (FHA)
underwriting standards in the Multifamily Accelerated Processing Guide
(MAP Guide) to allow greater loan proceeds from standard offerings,
supporting products such as the Fannie Mae Green Preservation Plus
loan, and affirming how owners may use reserve for replacement funds to
make energy and/or water improvements; \4\ (See Section ``Other PRA
Collections that Impact this Submission'' for more information on how
other previously approved PRA collections relate to Energy
Benchmarking.)
---------------------------------------------------------------------------
\4\ See https://www.fanniemae.com/portal/about-us/media/corporate-news/2014/6117.html.
---------------------------------------------------------------------------
Lowering annual multifamily mortgage insurance premiums
for energy-efficient properties (those committed to achieving an
industry-recognized green building standard and to maintaining energy
performance in the top 25 percent of multifamily buildings nationwide);
Developing and implementing a standardized Capital Needs
Assessment suite of online tools (CNA e-Tool) available (later in 2016)
for free to assist borrowers with submitting standard information to
HUD, the U.S. Department of Agriculture, and others; \5\
---------------------------------------------------------------------------
\5\ See Form HUD-9001a-ORCF at https://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/forms/hud9.
---------------------------------------------------------------------------
Developing a ``pay for success'' demonstration program
under which the Department will execute budget-neutral, performance-
based agreements that result in a reduction in energy or water costs.
Recent legislation authorized HUD to implement this pilot from FY 2016
to FY 2019 in up to 20,000 units of multifamily buildings participating
in the PBRA, Sec. 202 and Sec. 811 programs; and
Publishing guidance on utilizing Property Assessed Clean
Energy (PACE) financing with HUD-assisted and FHA-insured properties.
Accounting for Energy and Water Usage
While HUD has a vested interest in eliminating energy and water
waste in the assisted housing stock and stabilizing operating costs in
both the insured and assisted housing stocks, to ensure that taxpayer
investments in multifamily housing are viable for the long-term, the
Office of Multifamily Housing Programs is currently unable to
effectively analyze the energy and water use patterns, improvement
potential, and investment needs of properties in the assisted and
insured portfolios.
In 2003 and 2008, the Harvard Graduate School of Design \6\ and the
Government Accountability Office,\7\ respectively, strongly recommended
that HUD require the practice of utility benchmarking across its
housing portfolios. Utility benchmarking involves tracking the utility
consumption of a development on an on-going basis, calculating the
energy
[[Page 52705]]
and water efficiency of the development, and comparing its efficiency
to similar developments. It is a valuable tool in the strategic
management of building portfolios. As such, a growing number of
municipal and state governments across the country are instituting
utility benchmarking requirements across the country in order that
government policymakers, funding providers, and building owners alike
can make data-driven decisions.
---------------------------------------------------------------------------
\6\ See https://portal.hud.gov/hudportal/documents/huddoc?id=DOC_9238.pdf.
\7\ See https://www.gao.gov/products/GAO-09-46.
---------------------------------------------------------------------------
Though obstacles remain, utility benchmarking is rapidly becoming
quicker, easier, more automated, and more integrated as it becomes an
industry-standard best practice. In September 2014, the U.S.
Environmental Protection Agency (EPA) developed a new feature for its
free, web-based tool called ENERGY STAR Portfolio Manager, which allows
users to calculate an energy-efficiency rating or ``benchmarking
score'' for most multifamily developments. Benchmarking scores
developed through ENERGY STAR Portfolio Manager are officially known as
ENERGY STAR Scores. These scores are available for multifamily housing
properties of 20 units or more. A score of 50 indicates energy
performance consistent with the national median, while 100 represents a
top performer, and a score of at least 75 may make buildings eligible
for ENERGY STAR certification.\8\ The EPA will release a similar
benchmark score for water usage in approximately a year. With these
advancements, building owners across the country now have access to a
free tool for utility benchmarking that can be used without the need to
hire a building professional.
---------------------------------------------------------------------------
\8\ See https://www.energystar.gov/buildings/facility-owners-and-managers/existing-buildings/use-portfolio-manager. See also former
HUD Secretary Shaun Donovan's July 17, 2014, letter to Property
Owners and Operators participating in HUD programs encouraging the
use of EPA's ENERGY STAR Portfolio Manager at https://portal.hud.gov/hudportal/documents/huddoc?id=SOHUDSignedLetterPHAsMFH.pdf.
---------------------------------------------------------------------------
A Deeper Look at Utility Benchmarking
Utility benchmarking helps building owners to understand their
buildings' energy and water performance, allowing them to detect
malfunctioning equipment and billing errors, prioritize operational and
capital improvements, verify the return on those investments, and plan
future budget needs. Indeed, the practice of utility benchmarking leads
to significant improvements in building performance. Based on analysis
of more than 35,000 buildings covered by newly established local energy
benchmarking laws, EPA found an average energy use reduction of seven
percent between 2008 and 2011.\9\
---------------------------------------------------------------------------
\9\ See https://www.energystar.gov/sites/default/files/buildings/tools/DataTrends_Savings_20121002.pdf.
---------------------------------------------------------------------------
In addition to the direct benefits to building owners, the sharing
of utility benchmarking data allows government policymakers and funding
providers (in this case, HUD acts as both) to account for utility
expenditures, plan future budget needs, develop efficiency incentive
programs, offer targeted technical assistance, and verify the return on
these investments. For over 30 years, HUD has been promoting energy-
and water-efficiency work in the public and assisted housing stocks
through financial incentives, technical assistance, and pledge
programs. However, utility benchmarking and data sharing will allow HUD
for the first time to use robust information to direct those financial
incentives, technical assistance, and pledge programs to the areas of
greatest need, opportunity, and success.
Utility consumption and cost tracking by a building owner is the
first step of utility benchmarking, and multiple approaches to this are
available. The most direct method is to request whole-building utility
data directly from the utility provider(s), covering the sum of owner-
paid and tenant-paid accounts. When that is not possible, building
owners may collect utility data for owner-paid accounts simply by
compiling the information from their electronic or paper utility bills
into a spreadsheet or web-based tool like ENERGY STAR Portfolio
Manager. Some utility providers offer easy downloads of this
information directly from their Web sites.
Building owners may then collect utility data for tenant-paid
accounts either by requesting the information directly from tenants in
accordance with existing lease provisions, or, in some cases, by
submitting individual tenant-data release forms to the utility
provider. Once received, this utility data should be added to the
spreadsheet or web-based tool to offer a complete picture of the whole-
building utility consumption and cost. If using ENERGY STAR Portfolio
Manager, (OMB 2060-0347) the software will then automatically calculate
a variety of useful metrics, such as the Site and Source Energy Use
Intensity (EUI), Site Water Use Intensity (WUI), ENERGY STAR Score for
Energy, and ENERGY STAR Score for Water. With this information,
building owners are empowered to make more strategic decisions.
Cities across the country have enacted utility benchmarking and
data sharing ordinances that ask commercial and multifamily building
owners to track and disclose energy and/or water usage. Each program
has unique building size requirements and different disclosure
procedures.
At this time and with this notice, HUD is proposing limited
requirements for utility benchmarking and data sharing, in order to
balance the need to institute contemporary best practices and
strategically manage the housing portfolio with the burden presented to
building owners of adopting a new reporting requirement. Whereas an
increasing number of state and local laws require utility benchmarking
on an annual basis, HUD is proposing ``spot-check'' utility
benchmarking on a less frequent basis. And whereas state and local
benchmarking laws generally require utility benchmarking based on
whole-building data, HUD intends to accept metrics developed with
sampled tenant-paid utility data when whole building data are not
available. Together, this will allow building owners to begin
practicing utility benchmarking while the market continues to build
support for more integration and automation of this best practice.
Over time, the Department will use the scores, along with EUI and
WUI metrics, to see if energy and water efficiency is increasing,
decreasing, or staying the same in the multifamily portfolio. The
Office of Multifamily Housing Programs will use the information to
assess energy and/or water efficiency needs and opportunities in the
portfolio. Benchmarking data may also be used to inform the development
of new policy initiatives, financial incentives, technical assistance,
and pledge programs. Energy benchmarking will become more valuable over
time as multiple years of energy consumption data are available.
II. Proposed Information Collection
To build a foundation of awareness and data concerning the current
building performance of the multifamily building stock, as well as to
guide and spur energy- and water-efficiency investments in multifamily
housing, HUD proposes, through this notice, to require owners of
covered property types to provide HUD's Office of Multifamily Housing
Programs with the following metrics for each property when completing
several types of property transactions: Site and Source
[[Page 52706]]
Energy Use Intensities (EUI), Site Water Use Intensity (WUI), and the
ENERGY STAR Score for Energy, and--when available from EPA--the Energy
Star Score for Water. The Portfolio Manager software calculates and
reports these metrics in a standardized format. The Energy Star Score
for Water is currently pending release by EPA, and so it will not be
required until it is available. HUD will provide at least 90 days
advance notice before a requirement to submit water efficiency data
goes into effect.
Site EUI represents a property's energy use per square foot of
gross floor area, expressed in thousand British thermal units per
square foot (kBTU/ft\2\), a standardized measure of thermal power
consumption regardless of fuel source. Source EUI includes an
adjustment to reflect how the energy was produced and transmitted, and
this metric is calculated by Energy Star Portfolio Manager and used as
the basis for the Energy Star Score for Energy. Site WUI represents a
property's water use per square foot of gross floor area, expressed in
gallons per square foot (gal/ft\2\). The Energy Star Score for Energy
and Water each serve as a ranking of a property's Source EUI and Site
WUI, respectively, compared to similar properties.
There are a few exceptions to the stated information collection
requirements. Only properties that have been in existence for at least
12 months and that include 20 housing units or more are eligible to
receive an Energy Star Score for Energy or Water, and so these two
metrics will not be required for ineligible properties. Properties with
less than 20 units are encouraged to submit EUI and WUI data, but will
not be not required to submit this analysis to HUD.
Additionally, for the purposes of this basic information collection
effort, the Office of Multifamily Housing Programs will accept metrics
calculated using either whole building data or a combination of whole
owner-paid utility data and sampled tenant-paid utility data. It is
important to understand, however, that metrics calculated with less
than whole building data are not accepted by EPA for the purposes of
Energy Star certification. If choosing to use sampled tenant-paid
utility data, owners must meet or exceed the standards outlined in this
document.
Finally, for the Department's purposes, the required metrics will
be considered valid for three years beyond the 12-month period upon
which they are based. For example, an ENERGY STAR Score based on 2015
calendar-year utility data and generated in 2016 will be accepted by
HUD for any required reporting under this notice in 2016, 2017, and
2018. An ENERGY STAR Score based on 2013 calendar-year data and
generated in 2016 will be accepted by HUD for any required reporting
under this notice in 2016, but not in 2017. At this point, the owner
would need to provide more recent data. The frequency is intended to
align benchmarking with information collection efforts undertaken by
HUD-assisted properties in preparing their utility allowance.
Covered property types include:
Section 202 Project Rental Assistance Contracts
(PRAC),\10\
---------------------------------------------------------------------------
\10\ Under HUD's regulations for the Section 202 and Section 811
programs at 24 CFR 891.400(d)(2) Owners are required to submit
``statements regarding project operation, financial conditions and
occupancy as HUD may require to administer the PRAC and to monitor
project operations
---------------------------------------------------------------------------
Section 811 PRAC and Project Rental Assistance (PRA)
contracts,\11\
---------------------------------------------------------------------------
\11\ Id.
---------------------------------------------------------------------------
Section 8 Housing Assistance Payment (HAP) contracts,\12\
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\12\ Under HUD's Section 8 Project-Based Rental Assistance
(PBRA) program, owners must submit an analysis of the project's
utility allowances in connection with annual rent adjustments and
``. . . provide to HUD on an annual basis, such financial
information as required by HUD . . .''. See HUD regulations at 24
CFR 880.610, (applied to parts 881 and 883by cross-reference), 24
CFR 884.220, 24 CFR 886.126, 24 CFR 891.645, and 24 CFR part 5
Subpart H.
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Multifamily Housing properties insured under Sections
223(a)(7), 223(f), 221(d)(4), 220, 230, and 241(a)).\13\ Owners of
covered properties are encouraged to voluntarily submit water and
energy benchmarking data to HUD on an annual basis. HUD will require
that owners submit benchmarking information on the following schedule,
subject to revision:
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\13\ Under HUD's regulations at 24 CFR 200.78, insured
properties ``shall provide cost effective energy conservation in
accordance with requirements established by'' HUD.
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For HUD assisted properties with a utility allowance, at
the time of a triennial utility allowance baseline calculation;
For HUD-assisted properties where there is no utility
allowance, every third year at the time of financial statement
submission;
Prior to issuance of new FHA mortgage insurance under
Sections 223(a)(7), 223(f), nd 241(a));
With a Capital Needs Assessment submission required by the
Office of Asset Management and Portfolio Oversight in HUD's Office of
Multifamily Housing Programs on a 10-year cycle;
With a Capital Needs Assessment submission required as
part of any enforcement action.
HUD is seeking feedback on the required submission points and will
finalize the schedule with the issuance of an Office of Housing Notice.
Required Format
As noted above, owners seeking a covered property transaction will
be required to enter data into ENERGY STAR Portfolio Manager and submit
to HUD the referenced metrics created by the free web tool. ENERGY STAR
Portfolio Manager has the ability to automatically generate reports
from user data and offers a variety of standard formats. HUD will use
an existing standard, machine readable report format within Portfolio
Manager for HUD owners to utilize in preparing its benchmarking
submission. The format may be modified over time but content will
remain consistent with the scope of this Notice. In addition to
submission of data in the specified format, owners may be asked to
``share'' their benchmarking report with the HUD account in Portfolio
Manager to allow the Department to centrally access data.
Requirements for Underlying Utility Data
Use of whole building data, including owner-paid utilities, plus
all tenant paid utilities (even if aggregated), is preferable when
completing utility benchmarking analysis, as it will give the most
accurate snapshot of a building's performance. However, to calculate
the referenced metrics in Portfolio Manager, some owners may need to or
choose to use a combination of whole owner-paid utility data and a
sample of tenant-paid utility data as an alternative to using all of
the above. Please be reminded that metrics calculated with less than
whole building data are not accepted by EPA for the purposes of ENERGY
STAR certification. If choosing to use sampled tenant-paid utility
data, owners must meet or exceed the minimum sampling standards
associated with existing Office of Multifamily Housing utility data
reporting requirements (see table of related PRA collections below).
Accepting the sampling already in use by anticipated respondents will
significantly minimize the additional administrative burden
benchmarking requirements imposes on those respondents.
When completed in conjunction with a HUD utility allowance baseline
analysis, the benchmarking analysis should generally include (or
exceed) the number of units sampled for the utility
[[Page 52707]]
allowance (see Notice H 2015-14 \14\). In other instances, the
Department will accept analysis using sampled tenant data that meets or
exceeds the lighter sampling protocol adopted by the Department of
Energy's Better Buildings Challenge (BBC). \15\ HUD may establish a
different standard for submittals associated with Capital Needs
Assessments (CNA) or green building financing programs. In all cases,
owners are encouraged to collect as much utility data as possible and
to sample from a variety of housing unit sizes and types within each
development in order to improve the accuracy and usefulness of the
resultant metrics. Owners must certify that the submitted Portfolio
Manager data meets or exceeds the required minimum sample.
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\14\ https://portal.hud.gov/hudportal/documents/huddoc?id=15-04hsgn.pdf.
\15\ See Appendix C of the BBC Data Tracking Manual.
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HUD will consider requests for additional time to submit
benchmarking data from owners who experience unexpected delays in
obtaining sufficient sample data from utility providers or encounter
unforeseeable technical difficulties.
Other PRA Collections That Impact This Submission
The Department has identified seven discrete tasks associated with
the process for obtaining and submitting Portfolio Manager scores,
which are listed in the matrix below. Based on a review of other
Paperwork Reduction Act submissions, the Department believes that the
PRA requirements for seven of those eight tasks are addressed in other
submissions, also identified in the matrix below. Burden hours
calculated for the proposed Information Collection reflect only the
time associated with generating a report in Portfolio Manager and
submission to HUD. While the Department recognizes that respondents may
spend significant time on preparatory activities in order to submit the
data requested under this collection, the burden hours for those tasks
are already accounted for under other approved collections.
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Relevant PRA information collections
---------------------------------------------------------------- HUD's
Multifamily Multifamily
TRACS Project Housing Benchmarking
Energy Star eCNA collection Applications Utility (new
collection collection (Utility Green Building Allowance collection)
(OMB-2060- (OMB-2502- allowance Program submission
0347) 0505) component) component (OMB 2502-
(OMB-2502- (OMB-2502- 0352)
-----------------------------------------------------------------------------------------------0204)-----------0029)------------------------------------
Tasks Leading to Fulfillment of Requirement:
Tenants submit utility data to owners............... .............. X X .............. X ..............
Tenants provide release for owner to request data .............. X X .............. X ..............
from utility.......................................
Utilities compile and share data with owners........ X * * .............. * ..............
Owners compile/prepare tenant-paid utility data..... X * * .............. * ..............
Owners compile/prepare owner-paid utility data...... X * .............. X .............. ..............
Owners enter data into Portfolio Manager............ X * * .............. .............. ..............
Direct Requirement Being Proposed...................
Owners generate Portfolio Manager Report and submit .............. .............. .............. .............. .............. X
to HUD.............................................
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* In conjunction with FHA financing and Utility Allowance processes, a portion of owners are currently compiling utility consumption data and utilizing
Portfolio Manager.
Effective Date
The utility benchmarking requirement described in this notice will
apply when executing any covered transaction beginning 90 days after
OMB approval of the PRA request, and not sooner than January 1, 2017.
The first scheduled submission date for a majority of assisted-housing
respondents is estimated to occur in 2019. HUD will alert owners of the
effective date for reporting requirements through an Office of Housing
Notice, issued after OMB issues a Notice of Action approving this PRA
collection.
III. Information Collection Burden and Solicitation of Comment
A. Overview of Information Collection
Title of Information Collection: Multifamily Housing Energy
Benchmarking.
OMB Approval Number: New proposed collection.
Type of Request: New proposed collection.
Form Number: N/A.
Description of the need for the information and proposed use:
Please see Section II of this notice.
Respondents: Multifamily owners, managing agents and tenants.
Estimated Number of Respondents: 17,049.
Average Hours per Response: .50.
Total Estimated Burden Hours: 8,524.5.
Burden hours take into account other existing information
collections covering the assembly of utility information by impacted
properties and the use of ENERGY STAR Portfolio Manager, these include:
HUD's Multifamily Housing Utility Allowance submission (OMB 2502-0352),
HUD's Tenant Eligibility and Rent Procedures (OMB 2502-0204), CNAe
requirements (OMB 2502-0505), HUD's Multifamily Project Applications
Green Building Program component (OMB-2502-0029)and ENERGY STAR
Certification (OMB- 2060-0347) by the Environmental Protection Agency.
[[Page 52708]]
B. Solicitation of Public Comment
This notice is soliciting comments from members of the public and
affected parties concerning the collection of information described in
Section A on the following:
(1) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) The accuracy of the agency's estimate of the burden of the
proposed collection of information;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to minimize the burden of the collection of information on
those who are to respond; including through the use of appropriate
automated collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.
HUD encourages interested parties to submit comment in response to
these questions.
Authority: Section 3507 of the Paperwork Reduction Act of 1995,
44 U.S.C. Chapter 35.
Dated: August 3, 2016.
Janet M. Golrick,
Associate General Deputy Assistant Secretary for Housing-Associate
Deputy Federal Housing Commissioner.
[FR Doc. 2016-18877 Filed 8-8-16; 8:45 am]
BILLING CODE 4210-67-P
