60-Day Notice of Proposed Information Collection: Energy Benchmarking OMB Control No.: 2502-NEW, 52703-52708 [2016-18877]

Download as PDF 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. asabaliauskas on DSK3SPTVN1PROD with NOTICES 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 http:// 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 VerDate Sep<11>2014 20:00 Aug 08, 2016 Jkt 238001 may obtain forms for this purpose from the Chief Privacy Officer and Chief Freedom of Information Act Officer, http://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). PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 52703 • 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: E:\FR\FM\09AUN1.SGM 09AUN1 52704 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: asabaliauskas on DSK3SPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 20:00 Aug 08, 2016 Jkt 238001 1 See https://portal.hud.gov/hudportal/ documents/huddoc?id=afrfy13_egyeff.pdf. 2 See http://portal.hud.gov/hudportal/documents/ huddoc?id=15-04hsgn.pdf. 3 See https://www4.eere.energy.gov/challenge/ home. PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 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 http://www.fanniemae.com/portal/aboutus/media/corporate-news/2014/6117.html. 5 See Form HUD–9001a–ORCF at http:// portal.hud.gov/hudportal/HUD?src=/program_ offices/administration/hudclips/forms/hud9. 6 See http://portal.hud.gov/hudportal/documents/ huddoc?id=DOC_9238.pdf. 7 See http://www.gao.gov/products/GAO-09-46. E:\FR\FM\09AUN1.SGM 09AUN1 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. asabaliauskas on DSK3SPTVN1PROD with NOTICES 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 http://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 http:// portal.hud.gov/hudportal/documents/ huddoc?id=SOHUDSignedLetterPHAsMFH.pdf. VerDate Sep<11>2014 20:00 Aug 08, 2016 Jkt 238001 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 http://www.energystar.gov/sites/default/ files/buildings/tools/DataTrends_Savings_ 20121002.pdf. PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 52705 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 E:\FR\FM\09AUN1.SGM 09AUN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES 52706 Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Notices 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- VerDate Sep<11>2014 20:00 Aug 08, 2016 Jkt 238001 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. PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 • 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 E:\FR\FM\09AUN1.SGM 09AUN1 52707 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. PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\09AUN1.SGM 09AUN1 52708 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 09AUN1

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]


=======================================================================
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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.
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    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 http://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\
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    \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 http://www.fanniemae.com/portal/about-us/media/corporate-news/2014/6117.html.
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     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\
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    \5\ See Form HUD-9001a-ORCF at http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/forms/hud9.
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     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 http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_9238.pdf.
    \7\ See http://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 http://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 http://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 http://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\
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    \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\
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    \11\ Id.
---------------------------------------------------------------------------

     Section 8 Housing Assistance Payment (HAP) contracts,\12\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

     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:
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

     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.
---------------------------------------------------------------------------

    \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.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       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.............................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
* 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