60-Day Notice of Proposed Information Collection: Energy Benchmarking, 68446-68450 [2016-23979]
Download as PDF
68446
Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices
Overview of This Information
Collection
(1) Type of Information Collection:
Revision of a Currently Approved
Collection.
(2) Title of the Form/Collection:
Petition by Entrepreneur to Remove
Conditions on Permanent Resident
Status.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: I–829; USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. Alien entrepreneurs
admitted to the United States under
section 203(b)(5) of the Immigration and
Nationality Act (INA) are required to
petition for removal of the conditional
residence status imposed on them and
their accompanying spouse and
children, within a 90-day period before
the second anniversary of their
conditional residence under section
216A of the INA.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection I–829 is 3,829 and the
estimated hour burden per response is
3 hours.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 15,967 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is 469,053.
Dated: September 27, 2016.
Samantha Deshommes,
Chief, Regulatory Coordination Division,
Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of
Homeland Security.
[FR Doc. 2016–23981 Filed 10–3–16; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
mstockstill on DSK3G9T082PROD with NOTICES
[Docket No. FR–5913–N–27]
60-Day Notice of Proposed Information
Collection: Energy Benchmarking
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
SUMMARY:
VerDate Sep<11>2014
19:01 Oct 03, 2016
Jkt 241001
(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.
DATES:
Comment Due Date: December 5,
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:
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 6182, Washington, DC 20410,
telephone 202–708–2572. (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 Relay Service at 800–
877–8339.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
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
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, 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
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.
E:\FR\FM\04OCN1.SGM
04OCN1
Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
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.)
• 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 in up to
20,000 units of multifamily buildings
participating in the Sec. 8 Project-Based
Rental Assistance, 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 portfolio-wide
energy and water use patterns,
improvement potential, and investment
needs of properties in the assisted and
insured portfolios. Though the
Department currently collects utility
cost data through its utility allowance
and annual project financial statement
requirements, the collection of
information on utility consumption
associated with those costs has been
limited to small subsets of the portfolio,
4 See https://www.fanniemae.com/portal/about-us/
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.
VerDate Sep<11>2014
19:01 Oct 03, 2016
Jkt 241001
such as properties participating in the
Department of Energy’s Better Buildings
Challenge.
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
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 so 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 21 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
6 See https://portal.hud.gov/hudportal/documents/
huddoc?id=DOC_9238.pdf.
7 See https://www.gao.gov/products/GAO-09-46.
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.
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
68447
used without the need to hire a building
professional.
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 can
lead 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
In addition to potential 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, portfolio-wide utility
benchmarking and data sharing will
significantly enhance HUD’s ability 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 tenantpaid accounts either by requesting the
information directly from tenants in
accordance with existing lease
9 See https://www.energystar.gov/sites/default/
files/buildings/tools/DataTrends_Savings_
20121002.pdf.
E:\FR\FM\04OCN1.SGM
04OCN1
mstockstill on DSK3G9T082PROD with NOTICES
68448
Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices
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 webbased tool to offer a complete picture of
the whole-building utility consumption
and cost. If using ENERGY STAR
Portfolio Manager (OMB 2060–0347), as
is required by this information
collection request, 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 ‘‘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
VerDate Sep<11>2014
19:01 Oct 03, 2016
Jkt 241001
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 inform 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 utility consumption metrics
for each property when completing
several types of property transactions:
Site and Source 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—which
must be used to meet HUD
benchmarking requirements—calculates
and reports these metrics in a
standardized report format. This report
may also include property identifiers
(such as address and HUD contract
number), building characteristics and
other summary-level data underlying
the benchmarking score calculations.
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 SSTAR 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 21 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
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
less than 21 units are encouraged to
submit EUI and WUI data, but will not
be 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 calendaryear 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 202/162 Project Assistance
Contracts (PAC),12
• Section 202 Senior Preservation
Rental Assistance Contracts (SPRAC),13
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 regulations for the Section 202
PAC program at 24 CFR 891.740(d), HUD may
require owners to submit other statements regarding
project operations, financial conditions, and
occupancy, as HUD may require to administer the
contracts and monitor project operations.
13 In the SPRAC contract between HUD and the
owner, Section 2.11 Financial Requirements
subsection (a)(ii) provides that the owner must
submit to the contract administrator other
statements as to project operations, financial
conditions, and occupancy as HUD may require
pertinent to the administration of the SPRAC and
monitoring of project operations.
E:\FR\FM\04OCN1.SGM
04OCN1
Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices
• Section 8 Housing Assistance
Payment (HAP) contracts,14
• Multifamily Housing properties
insured under Sections 223(a)(7), 223(f),
221(d)(3), 221(d)(4), 220, 231, 236, and
241(a)).15
HUD will evaluate properties insured
under the FHA Risk Share programs—
Section 542(b): Fannie Mae, Freddie
Mac, and Small Building Risk Share,
and Section 542(c): Housing Finance
Agencies—to determine feasibility and
timeframes for applying energy
benchmarking requirements to those
properties in the future.
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), and 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;
• 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. Note that
these submission requirements are a
minimum schedule and do not
mstockstill on DSK3G9T082PROD with NOTICES
14 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 883 by cross-reference), 24 CFR 884.220, 24
CFR 886.126, 24 CFR 891.645, and 24 CFR part 5
Subpart H.
15 Under HUD’s regulations at 24 CFR 200.78,
insured properties ‘‘shall provide cost effective
energy conservation in accordance with
requirements established by’’ HUD.
VerDate Sep<11>2014
19:01 Oct 03, 2016
Jkt 241001
supersede more frequent reporting
required for properties participating in
certain other Multifamily Housing
programs, such as the Better Buildings
Challenge, FHA green buildings
financing, or Multifamily PACE.
Required Format
As noted above, owners seeking a
covered property transaction will be
required to enter data into ENERGY
STAR Portfolio Manager and
electronically 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.
Prior to the requirements’ effective date,
HUD will specify a machine-readable
report format in Portfolio Manager that
HUD owners must use in preparing their
benchmarking submissions. The format
of the report may be modified over time
but content will remain consistent with
the scope of this Notice.
Requirements for Underlying Utility
Data
Use of whole building data, including
owner-paid utilities, plus all tenant paid
utilities (even if aggregated), is highly
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 Programs’
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 impose on those
respondents.
When completed in conjunction with
a HUD utility allowance baseline
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
68449
analysis, the benchmarking analysis
should generally include (or exceed) the
number of units sampled for the utility
allowance (see Notice H 2015–14 16). In
other instances, the Department will
accept analysis using sampled tenant
data that meets or exceeds the lighter
sampling protocol adopted by the Better
Buildings Challenge.17 HUD may
establish a different standard for
submittals associated with Capital
Needs Assessments (CNA) or FHA 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 eight
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.
16 https://portal.hud.gov/hudportal/documents/
huddoc?id=15-04hsgn.pdf.
17 See Appendix C of the BBC Data Tracking
Manual. www.hudexchange.info/programs/utilitybenchmarking.
E:\FR\FM\04OCN1.SGM
04OCN1
68450
Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices
RELEVANT PRA INFORMATION COLLECTIONS
Energy Star
collection
(OMB–2060–
0347)
eCNA collection
TRACS
collection
(utility
allowance
component)
Multifamily
project
applications
green building
program
component
HUD’s multifamily housing
utility allowance
submission
(OMB–2502–
0505)
(OMB–2502–
0204)
(OMB–2502–
0029)
(OMB 2502–
0352)
Benchmarking
(new collection)
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 ....................
..........................
X
X
..........................
X
..........................
..........................
X
X
X
X
X
(*)
(*)
(*)
(*)
X
(*)
(*)
..........................
(*)
..........................
..........................
..........................
X
(*)
X
(*)
(*)
..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
X
Direct Requirement Being Proposed
Owners generate Portfolio Manager Report and submit 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
April 15, 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 and provide
procedural instructions for submitting
data through an Office of Housing
Notice, issued after OMB issues a Notice
of Action approving this PRA collection.
mstockstill on DSK3G9T082PROD with NOTICES
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
VerDate Sep<11>2014
19:01 Oct 03, 2016
Jkt 241001
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.
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.
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
Dated: September 28, 2016.
Janet M. Golrick,
Associate General Deputy Assistant Secretary
for Housing—Associate Deputy Federal
Housing Commissioner.
[FR Doc. 2016–23979 Filed 10–3–16; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5916–N–17]
60-Day Notice of Proposed Information
Collection: Energy Benchmarking of
Public Housing
Office the Assistant Secretary
for Public and Indian Housing, 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:
Comments Due Date: December
5, 2016.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
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
DATES:
E:\FR\FM\04OCN1.SGM
04OCN1
Agencies
[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Notices]
[Pages 68446-68450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23979]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5913-N-27]
60-Day Notice of Proposed Information Collection: Energy
Benchmarking
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.
DATES: Comment Due Date: December 5, 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 6182, Washington, DC 20410, telephone 202-708-2572.
(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 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, 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
[[Page 68447]]
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 in up to
20,000 units of multifamily buildings participating in the Sec. 8
Project-Based Rental Assistance, 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 portfolio-wide energy and water use patterns,
improvement potential, and investment needs of properties in the
assisted and insured portfolios. Though the Department currently
collects utility cost data through its utility allowance and annual
project financial statement requirements, the collection of information
on utility consumption associated with those costs has been limited to
small subsets of the portfolio, such as properties participating in the
Department of Energy's Better Buildings Challenge.
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 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 so 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 21 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 can
lead 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 potential 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, portfolio-wide utility benchmarking and data sharing
will significantly enhance HUD's ability 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
[[Page 68448]]
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), as is required by
this information collection request, 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
inform 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 utility consumption metrics for each
property when completing several types of property transactions: Site
and Source 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--
which must be used to meet HUD benchmarking requirements--calculates
and reports these metrics in a standardized report format. This report
may also include property identifiers (such as address and HUD contract
number), building characteristics and other summary-level data
underlying the benchmarking score calculations. 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 SSTAR 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 21 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 21 units are encouraged to submit EUI and WUI data, but will
not be 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 202/162 Project Assistance Contracts (PAC),\12\
---------------------------------------------------------------------------
\12\ Under HUD regulations for the Section 202 PAC program at 24
CFR 891.740(d), HUD may require owners to submit other statements
regarding project operations, financial conditions, and occupancy,
as HUD may require to administer the contracts and monitor project
operations.
---------------------------------------------------------------------------
Section 202 Senior Preservation Rental Assistance
Contracts (SPRAC),\13\
---------------------------------------------------------------------------
\13\ In the SPRAC contract between HUD and the owner, Section
2.11 Financial Requirements subsection (a)(ii) provides that the
owner must submit to the contract administrator other statements as
to project operations, financial conditions, and occupancy as HUD
may require pertinent to the administration of the SPRAC and
monitoring of project operations.
---------------------------------------------------------------------------
[[Page 68449]]
Section 8 Housing Assistance Payment (HAP) contracts,\14\
---------------------------------------------------------------------------
\14\ 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 883 by 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)(3), 221(d)(4), 220, 231, 236, and
241(a)).\15\
---------------------------------------------------------------------------
\15\ Under HUD's regulations at 24 CFR 200.78, insured
properties ``shall provide cost effective energy conservation in
accordance with requirements established by'' HUD.
---------------------------------------------------------------------------
HUD will evaluate properties insured under the FHA Risk Share
programs--Section 542(b): Fannie Mae, Freddie Mac, and Small Building
Risk Share, and Section 542(c): Housing Finance Agencies--to determine
feasibility and timeframes for applying energy benchmarking
requirements to those properties in the future.
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), and 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.
Note that these submission requirements are a minimum schedule and do
not supersede more frequent reporting required for properties
participating in certain other Multifamily Housing programs, such as
the Better Buildings Challenge, FHA green buildings financing, or
Multifamily PACE.
Required Format
As noted above, owners seeking a covered property transaction will
be required to enter data into ENERGY STAR Portfolio Manager and
electronically 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. Prior to the requirements' effective date, HUD will
specify a machine-readable report format in Portfolio Manager that HUD
owners must use in preparing their benchmarking submissions. The format
of the report may be modified over time but content will remain
consistent with the scope of this Notice.
Requirements for Underlying Utility Data
Use of whole building data, including owner-paid utilities, plus
all tenant paid utilities (even if aggregated), is highly 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 Programs'
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 impose 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 allowance (see
Notice H 2015-14 \16\). In other instances, the Department will accept
analysis using sampled tenant data that meets or exceeds the lighter
sampling protocol adopted by the Better Buildings Challenge.\17\ HUD
may establish a different standard for submittals associated with
Capital Needs Assessments (CNA) or FHA 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.
---------------------------------------------------------------------------
\16\ https://portal.hud.gov/hudportal/documents/huddoc?id=15-04hsgn.pdf.
\17\ See Appendix C of the BBC Data Tracking Manual.
www.hudexchange.info/programs/utility-benchmarking.
---------------------------------------------------------------------------
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 eight 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.
[[Page 68450]]
Relevant PRA Information Collections
--------------------------------------------------------------------------------------------------------------------------------------------------------
Multifamily
TRACS project HUD's
Energy Star collection applications multifamily Benchmarking
collection eCNA collection (utility green building housing utility (new collection)
allowance program allowance
component) component submission
(OMB-2060-0347) (OMB-2502-0505) (OMB-2502-0204) (OMB-2502-0029) (OMB 2502-0352) ................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tasks Leading to Fulfillment of Requirement
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tenants submit utility data to owners....... ................ X X ................ X ................
Tenants provide release for owner to request ................ X X ................ X ................
data from utility..........................
Utilities compile and share data with owners X (*) (*) ................ (*) ................
Owners compile/prepare tenant-paid utility X (*) (*) ................ (*) ................
data.......................................
Owners compile/prepare owner-paid utility X (*) ................ X ................ ................
data.......................................
Owners enter data into Portfolio Manager.... X (*) (*) (*) ................ ................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Direct Requirement Being Proposed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Owners generate Portfolio Manager Report and ................ ................ ................ ................ ................ X
submit 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 April 15, 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 and provide procedural
instructions for submitting data 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.
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: September 28, 2016.
Janet M. Golrick,
Associate General Deputy Assistant Secretary for Housing--Associate
Deputy Federal Housing Commissioner.
[FR Doc. 2016-23979 Filed 10-3-16; 8:45 am]
BILLING CODE 4210-67-P