30-Day Notice of Proposed Information Collection: Pay for Success Pilot Applicant Requirements, 39360-39362 [2019-17095]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 84, Number 154 (Friday, August 9, 2019)]
[Notices]
[Pages 39360-39362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17095]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7011-N-31]


30-Day Notice of Proposed Information Collection: Pay for Success 
Pilot Applicant Requirements

AGENCY: Office of the Chief Information Officer, HUD.

ACTION: Notice.

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SUMMARY: HUD has submitted the proposed information collection 
requirement described below to the Office of Management and Budget 
(OMB) for review, in accordance with the Paperwork Reduction Act. The 
purpose of this notice is to allow for an additional 30 days of public 
comment.

DATES: Comments Due Date: September 9, 2019.

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: HUD Desk Officer, Office of 
Management and Budget, New Executive Office Building, Washington, DC 
20503; fax: 202-395-5806. Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Colette Pollard, Reports Management 
Officer, QDAM, Department of Housing and Urban Development, 451 7th 
Street SW, Washington, DC 20410; email Colette Pollard at 
[email protected] or telephone 202-402-3400. Persons with hearing 
or speech impairments may access this number through TTY by calling the 
toll-free Federal Relay Service at (800) 877-8339. This is not a toll-
free number. Copies of available documents submitted to OMB may be 
obtained from Ms. Pollard.

SUPPLEMENTARY INFORMATION: This notice informs the public that HUD has 
submitted to OMB a request for approval of the information collection 
described in Section A. The Federal Register notice that solicited 
public comment on the information collection for a period of 60 days 
was published on May 8, 2018 at 84 FR 20157.

A. Overview of Information Collection

    Title of Information Collection: Pay for Success Pilot Application 
Requirements.
    OMB Approval Number: 2502-0613.
    Type of Request: This is a revision of a currently approve 
collection.
    Form Number: HUD-2530, SF 424 family of forms, HUD-2880, HUD-424-
CBW, HUD- 9250, Certification of Owner Eligibility, Cooperative 
Agreement, Site-Specific Environmental Review (Part 1 of 2), and Office 
of Multifamily Housing Pay for Success Program Narrative Template.
     Form HUD-2530, Previous Participation Certification, is 
completed by the Intermediary. The Intermediary submits the form to HUD 
via grants.gov as part of the application package for the PFS pilot. 
The type of information collected includes the Intermediary's 
(principals) Name, Address, Social Number/IRS Employee Number, 
Signature, etc. The form is required to provide HUD with a certified 
report of all previous participation in HUD multifamily housing 
projects by those parties making application and is used by HUD to 
determine eligibility to participate in Multifamily programs.
     ***SF-424 family of forms (SF-424A-D, as applicable), 
Application for Federal Assistance and Assurances, is completed by the 
Intermediary. The Intermediary submits this family of forms to HUD via 
grants.gov as part of the application for the PFS pilot. The type of 
information collected includes the Intermediary's Name, EIN/TIN, 
Address, Email address, etc. This family of forms is required for use 
as a cover sheet for submission of preapplications and applications and 
related information under discretionary programs. Applicants are 
required to submit this family of forms to HUD as part of the 
application package for the PFS pilot.
     Form HUD-2880, Applicant/Recipient Disclosure/Update 
Report, is completed by the Intermediary. The Intermediary submits the 
from to HUD via the grants.gov as part of the application package for 
the PFS pilot. The type of information collected includes the 
Intermediary's Name, address, phone number, social security number and 
EIN, etc. The Intermediary is required to submit this form in order to 
provide accountability and integrity in the provision of assistance 
that is administered by HUD.
     Form HUD 424-CBW (excel spreadsheet), Detailed Budget 
Worksheet, is completed by the Intermediary. The Intermediary submits 
this form to HUD via email or US mail for approval. The type of 
information collected includes a detailed description of budget as it 
pertains to each participating property. The Intermediary submits this 
form to HUD in program phases for completion of the retrofits in all 
participating properties in the PFS program.
     Form HUD-9250, Funds Authorization, is completed by the 
Owner. The Owner submits this form by email or by US mail to HUD for 
approval. The type of information collected includes Owner's name, 
address, mortgagee, etc. Owners are required to submit this form to HUD 
to request withdrawal from the Reserve for Replacements or Residual 
Receipts Funds.
     Certification of Owner Eligibility, Owner must complete 
this form to be eligible to participate in the Pay for Success pilot. 
Owner submits certification to HUD for approval via email or by US 
mail. The type of information collected includes Owner's name, iREMS 
number, address, signature, etc. Owners must provide a certification to 
HUD that they and the property meet HUD eligibility requirements in 
order to be able to participate in the Pilot.
     Cooperative Agreement is administered by HUD's Office of 
Multifamily Housing Programs, which will have oversight of the 
Intermediaries, ensuring compliance with all included provisions and 
authorizing payments when and if required conditions are met. The type 
of information collected includes Date agreement was entered with 
Intermediary, total of units HUD awarded intermediary, signature and 
HUD official. The form is submitted to HUD/Intermediary via email or by 
US mail.
     Site-Specific Environment Review (Part 1 of 2), this form 
should be used only to initiate site-specific reviews for individual 
HUD-assisted properties undertaking energy and water conservation 
retrofits under the Multifamily Energy and Water Conservation Pay for 
Success Pilot. Intermediary completes the form and any relevant 
documents for each site identified to participate in the PFS Pilot and 
submits it to HUD to upload in the HUD Environmental Review Online 
System (HEROS).
     Office of Multifamily Housing Pay for Success Program 
Narrative Template is completed by the Intermediary and is submitted to 
HUD via grants.gov. The type of information collected includes the 
Intermediary's name, EIN, organization name, etc. The narrative 
template is provided to Applicants under the Pay for Success Pilot 
program and will be evaluated by HUD.
    Description of the need for the information and proposed use: Title 
LXXXI of the Fixing America's Surface Transportation Act (Pub. L. 114-
94) authorizes the Department of Housing and Urban Development (HUD) to 
establish a demonstration program under which the Secretary may execute 
budget-neutral, performance-based agreements in fiscal years 2016 
through 2019 that result in a reduction in energy

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or water costs. The legislation authorizes HUD to implement this pilot 
in up to 20,000 units of multifamily buildings participating in the 
project-based rental assistance (PBRA) program under section 8 of the 
United States Housing Act of 1937; supportive housing for the elderly 
program operating under section 202 of the Housing Act of 1959; and 
supportive housing for persons with disabilities under section 
811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act. The 
Statute authorizes HUD to execute performance-based agreements in 
fiscal years 2016 through 2019 covering up to 20,000 units in eligible 
properties. HUD is responsible for submitting annual program evaluation 
reports to Congress for the duration of the Pilot.
    HUD is authorized under this legislation to establish a competitive 
process for selecting one or more qualified applicants to serve as 
Intermediaries who will, per agreements with HUD, be responsible for 
initiating and managing an energy and water conservation retrofit 
program at eligible properties. For the purpose of this program, 
applicants are defined as entities applying to participate. The 
documents that are the subject of this notice are those used by 
applicants applying to participate in this program. This information 
will allow applicants to submit their proposal and for the government 
to evaluate this information.
    I. ***Application. The applicants responding to the NOFA will need 
to submit the before the prescribed deadline all standard forms 
including Previous Participation Certification (Form 2530), SF-424 
family of forms, and Form HUD-2880; responses to the NOFA's rating 
factors describing the applicant's qualifications and proposed approach 
to all aspects of program implementation; and an Executive Summary of 
no more than four pages.
    II. Project Initiation. Once selected, Intermediaries will enter 
into a Cooperative Agreement with HUD for each property they will be 
retrofitting under the program which will provide for performance-based 
payments by HUD based on the savings realized by HUD after the retrofit 
has been completed. Intermediaries will also be required to submit a 
copy of an executed PFS Contracts with each property owner that will be 
attached to the Cooperative and serve to identify the specific units 
being affected by the retrofit. Within 30 days of entering into each 
Cooperative Agreement, an Intermediary will submit to HUD a Work Plan 
consisting of a description of all documentary deliverables and due 
dates related to that Agreement and a proposed approach to periodic 
consultation with HUD for the purposes of oversight. The Intermediary 
will also submit a request for approval for the Independent Evaluator 
that will be validating key information submitted to HUD by the 
Intermediary over the course of the Cooperative Agreement. Each 
participating property owner will submit to HUD a Certification of 
Eligibility and a written agreement to replace equipment installed 
under the PFS Pilot only with equipment of like or better efficiency.
    III. Retrofit implementation. Before a retrofit is implemented, the 
Intermediary will to develop and submit (with support from the property 
owner) a Site-specific Environmental Review form with the following 
information: High-level description of the project's scope of work; 
whether the property lies within a Coastal Barrier Resource unit; 
whether the property lies within a floodplain and proof of any required 
flood insurance policies; whether the project will destroy or modify a 
wetland; previous uses of the site and other evidence of contamination 
on or near the site; and whether any historic preservation policies 
apply to the site or the building(s). Intermediaries intending to use 
property-level reserve funds to pay for no more than half of the hard 
costs associated with the retrofit must submit a Scope of Work for the 
retrofit and a Reserve Analysis demonstrating that the retrofit will 
leave the property in as good or better financial shape as it would 
otherwise have been. The property owner must submit a Funds 
Authorization Form (HUD-9250) to request HUD's approval to use funds 
for this purpose.
    IV. Retrofit completion. When the retrofit is completed, the 
Intermediary will submit a Certification of Retrofit Completion with 
the following information: A list of installed measures with cost 
information; weather- and occupancy-normalized pre-retrofit consumption 
baselines for each affected tenant- and owner-paid utility, and all 
component data used to calculate those baselines, including utility 
consumption, rates, utility allowances, and climatic and occupancy 
data, and the calculation methodology used; weather- and occupancy-
normalized post-retrofit consumption projections for each affected 
tenant- and owner-paid utility, and all component data used to 
calculate those baselines, including utility consumption, rates, 
utility allowances, and climatic and occupancy data, and the 
calculation methodology used; recalculated pre-retrofit baseline 
utility allowances and post-retrofit utility allowances for each unit 
size/type; recalculated pre-retrofit baseline owner rental subsidy and 
post-retrofit owner renter for each unit size/type; and post-retrofit 
per-unit annual savings to HUD relative to pre-retrofit baseline.
    V. Performance payments. Intermediaries will submit Invoices for 
Performance Payments concurrent with each property's annual rent 
adjustment cycle for the remainder of the period of performance of the 
Cooperative Agreement pertaining to that property. Invoices will 
include thorough documentation of all calculations contributing to the 
calculation of the amount being invoiced (as provided in the work plan) 
as well as a written certification by the Independent Evaluator that 
the performance payment has been calculated according to the 
methodology contained in the Cooperative Agreement; no adverse changes 
to the qualifications of the Independent Evaluator have occurred since 
the last submission from the Independent Evaluator; and no conflict of 
interest or apparent conflict of interest exists with the Intermediary 
or with respect to any property or Owner which would preclude the 
Independent Evaluator from performing its obligations in a truly 
independent manner. In the event of a change in the physical structure 
of a property during the period of performance which materially impacts 
utility usage, the Owner and the Intermediary will mutually agree upon 
an equitable modification of the pre-retrofit baseline for Owner-paid 
utility and/or of the pre-retrofit baseline of tenant utility 
allowances to reflect the impact of the change on utility usage and 
notify HUD of the change. In the event that the Intermediary wishes to 
assign performance payments to a third party, the Intermediary must 
submit to HUD a written request for approval.
    VI. Other program administration requirements. Beginning with the 
execution of their first cooperative agreement with HUD, Intermediaries 
will submit quarterly reports regarding the status of all properties 
for which work under the PFS Pilot is unfinished, including the work 
that has been completed, the work that remains the anticipated 
projected completion date. If at any point it becomes necessary to 
replace a partner entity performing one or more core functions program 
administration functions (project management, capital sources, 
oversight of SOW development and retrofit implementation, and/or 
invoicing HUD), the Intermediary must collect and submit evidence from 
the proposed

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replacement partner entity similar to the qualifications detailed for 
the original partner entity in the Intermediary's initial application. 
As this is pilot program and HUD is responsible for submitting annual 
program evaluation reports to Congress, Intermediaries may be required 
to work with a program evaluation team and provide relevant 
information, possibly including (but not limited to) information 
pertaining to retrofit implementation, program administration, post-
retrofit behavioral interventions, and certain fees. Intermediaries may 
be asked to clarify or provide additional context for previously 
submitted information, including additional details on their sources 
and uses of funds.
    Respondents: Entities applying to be Intermediaries under this 
program, selected Intermediaries.
    Estimated Number of Respondents: 15.
    Estimated Number of Responses: 1,000.
    Frequency of Response: 66.67.
    Average Hours per Response: 4.40.
    Total Estimated Burdens: 4,401.

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.

C. Authority

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 
Chapter 35.

    Dated: July 29, 2019.
Colette Pollard,
Department Reports Management Officer, Office of the Chief Information 
Officer.
[FR Doc. 2019-17095 Filed 8-8-19; 8:45 am]
 BILLING CODE 4210-67-P