81 FR 31192 - Modernizing HUD's Consolidated Planning Process To Narrow the Digital Divide and Increase Resilience to Natural Hazards
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Federal Register Volume 81, Issue 96 (May 18, 2016)
Federal Register Volume 81, Issue 96 (May 18, 2016)
| Page Range | 31192-31201 | |
| FR Document | 2016-11350 |
[Federal Register Volume 81, Number 96 (Wednesday, May 18, 2016)] [Proposed Rules] [Pages 31192-31201] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11350] ----------------------------------------------------------------------- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 91 [Docket No. FR 5891-P-01] RIN 2506-AC41 Modernizing HUD's Consolidated Planning Process To Narrow the Digital Divide and Increase Resilience to Natural Hazards AGENCY: Office of the Assistant Secretary for Community Planning and Development, Department of Housing and Urban Development. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: HUD's Consolidated Plan is a planning mechanism designed to help States and local governments to assess their affordable housing and community development needs and to make data-driven, place-based investment decisions. The consolidated planning process serves as the framework for a community-wide dialogue to identify housing and community development priorities that align and focus funding from HUD's formula block grant programs. This proposed rule would amend HUD's Consolidated Plan regulations to require that jurisdictions consider two additional concepts in their planning efforts. The first concept is how to address the need for broadband access for low- and moderate-income residents in the communities they serve. Broadband is the common term used to refer to a high-speed, always on connection to the Internet. Such connection is also referred to as high-speed broadband or high-speed Internet. Specifically, the proposed rule would require that States and localities that submit a consolidated plan describe the broadband access in housing occupied by low- and moderate-income households. If low-income residents in the communities do not have such access, States and jurisdictions must consider providing broadband access to these residents into their decisions on how to invest HUD funds. The second concept to be added to the Consolidated Plan process would require jurisdictions to consider incorporating resilience to natural hazard risks, taking care to anticipate how risks will increase due to climate change, into development of the Plan in order to begin addressing impacts of climate change on low- and moderate-income residents. DATES: Comments Due Date: July 18, 2016. ADDRESSES: Interested persons are invited to submit comments responsive to this proposed rule to the Office of General Counsel, Regulations Division, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0001. All submissions should refer to the above docket number and title. Submission of public comments may be carried out by hard copy or electronic submission. 1. Submission of Hard Copy Comments. Comments may be submitted by mail or hand delivery. Each commenter submitting hard copy comments, by mail or hand delivery, should submit comments to the address above, addressed to the attention of the [[Page 31193]] Regulations Division. Due to security measures at all federal agencies, submission of comments by mail often results in delayed delivery. To ensure timely receipt of comments, HUD recommends that any comments submitted by mail be submitted at least 2 weeks in advance of the public comment deadline. All hard copy comments received by mail or hand delivery are a part of the public record and will be posted to http://www.regulations.gov without change. 2. Electronic Submission of Comments. Interested persons may submit comments electronically through the Federal eRulemaking Portal at http://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 comments immediately available to the public. Comments submitted electronically through the http://www.regulations.gov Web site can be viewed by other commenters and interested members of the public. Commenters should follow instructions provided on that site to submit comments electronically. No Facsimile Comments. Facsimile (fax) comments are not acceptable. Public Inspection of Comments. All comments submitted to HUD regarding this rule will be available, without charge, for public inspection and copying between 8 a.m. and 5 p.m., Eastern Time, weekdays at the above address. Due to security measures at the HUD Headquarters building, an advance appointment to review the public comments must be scheduled by calling the Regulations Division at 202- 708-3055 (this is not a toll-free number). Individuals with speech or hearing impairments may access this number through TTY by calling the Federal Relay Service at 800-877-8339 (this is a toll-free number). Copies of all comments submitted are available for inspection and downloading at http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Lora Routt, Senior Advisor, Office of Community Planning and Development, Department of Housing and Urban Development, Office of Community Planning and Development, 451 7th Street SW., Suite 7204, Washington, DC 20410 at 202-402-4492, (this is not a toll-free number). Individuals with speech or hearing impairments may access this number via TTY by calling the Federal Relay Service, toll-free, at 800-877-8339. Persons with hearing or speech impairments may access this number through TTY by calling the Federal Relay Service at 800-877-8339 (this is a toll-free number). SUPPLEMENTARY INFORMATION: I. Executive Summary A. Purpose of This Proposed Rule The purpose of this proposed rule is to require States and local governments to evaluate the availability of broadband access and the vulnerability of housing occupied by low- and moderate income households to natural hazard risks, many of which may be increasing due to climate change, in their consolidated planning efforts. These evaluations will be conducted using readily available data sources developed by Federal government agencies and other available data and analyses, including State, Tribal, and local hazard mitigation plans that have been approved by the Federal Emergency Management Agency (FEMA). Where access to broadband Internet service is not currently available or is minimally available (such as in certain rural areas), States and local governments must consider ways to bring broadband Internet access to low- and moderate-income residents, including how HUD funds could be used to narrow the digital divide for these residents. Further, where low- and moderate-income communities are at risk of natural hazards, including those that are expected to increase due to climate change, States and local governments must consider ways to incorporate appropriate hazard mitigation and resilience into their community planning and development goals, codes, and standards, including the use of HUD funds. These two planning considerations reflect emerging needs of communities in this changing world. Broadband access provides access to a wide range of resources, services, and products and such access not only can assist individuals in improving their economic outlook, but also assists communities in this same way. Analysis of natural hazards, including the anticipated effects of climate change on those hazards, is important to help ensure that jurisdictions are aware of existing and developing vulnerabilities in the geographic areas that they serve that can threaten the health and safety of the populations they serve. B. Summary of Major Provisions of This Proposed Rule The current regulations require that local governments and States consult public and private agencies that provide assisted housing, health services, and social and fair housing services during preparation of the consolidated plan. Under the current regulations, local governments and States are also required in their citizen participation plan to encourage the participation of local and regional institutions and businesses in the process of developing and implementing their consolidated plans. The proposed rule would require States and local governments, in preparing their consolidated plans, to add to the list of public and private agencies and entities that they now must consult with for preparation of their plans, to consult with public and private organizations, including broadband Internet service providers, organizations engaged in narrowing the digital divide (e.g., schools, digital literacy organizations), and agencies whose primary responsibilities include the management of floodprone areas, public land or water resources, and emergency management agencies. Jurisdictions must also encourage the participation of these entities in implementing relevant components of the plan. The proposed rule would also require jurisdictions to describe broadband access in housing occupied by low- and moderate-income households based on an analysis of data for its low- and moderate- income neighborhoods in the National Broadband Map \1\ created by the National Telecommunications and Information Administration (NTIA) of the Department of Commerce. Grantees may also use broadband availability data in the Federal Communications Commission (FCC) Form 477 \2\ or other data identified by the jurisdiction, for which the source is cited in the jurisdiction's Consolidated Plan. These needs include the need for broadband wiring and for connection to the broadband service in the household units, the need for increased competition by having more than one broadband Internet service provider serve the jurisdiction. --------------------------------------------------------------------------- \1\ See http://www.broadbandmap.gov. \2\ See https://www.fcc.gov/general/broadband-deployment-data-fcc-form-477. --------------------------------------------------------------------------- The proposed rule would also require that jurisdictions provide, as part of their required housing market analysis, an assessment of natural hazard risks, including risks expected to increase due to climate change, to low- and moderate-income residents based on an analysis of data, findings, and methods in (1) the most recent National Climate [[Page 31194]] Assessment,\3\ the Climate Resilience Toolkit,\4\ the Impact of Climate Change and Population Growth on the National Flood Insurance Program Through 2100,\5\ or the Community Resilience Planning Guide for Buildings and Infrastructure Systems prepared by the National Institute of Standards and Technology (NIST); \6\ (2) other climate risk-related data published by the Federal government or other State or local government climate risk related data, including FEMA-approved hazard mitigation plans which incorporate climate change; or (3) other climate risk data identified by the jurisdiction, for which the source is cited in the jurisdiction's Consolidated Plan. Grantees may request Technical Assistance through their HUD Field Office or directly at www.HUDExchange.info/get-assistance. --------------------------------------------------------------------------- \3\ See http://nca2014.globalchange.gov/highlights#submenu-highlights-overview. \4\ See https://toolkit.climate.gov. \5\ See http://www.acclimatise.uk.com/login/uploaded/resources/FEMA_NFIP_report.pdf. \6\ See http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.1197.pdf. --------------------------------------------------------------------------- C. Costs and Benefits of This Proposed Rule HUD's Consolidated Plan process, established by regulation in 1994, provides a comprehensive planning process for HUD programs administered by HUD's Office of Community Planning and Development, specifically the Community Development Block Grant (CDBG) program, the HOME Investment Partnerships (HOME) program, Emergency Solutions Grants (ESG) program and the Housing with Opportunities for Persons With AIDS (HOPWA). Comprehensive community planning provides officials with an informative profile of their communities in terms of population, housing, economic base, community facilities, and transportation systems, and such information aids officials in their investment decisions. HUD's Consolidated Planning process assists State and local officials that are recipients of HUD funds under the above-listed programs in determining the housing and community development needs of their respective communities. Requiring consolidated plan jurisdictions to consider the broadband and natural hazard resilience needs of their communities helps to ensure a more complete profile of the needs of their communities. As discussed in this preamble, the importance of providing broadband access to all cannot be overstated. Broadband access is not only important to increasing opportunity for an individual's success, but to the success of a community. Consideration of the impact of natural hazard risks, many of which are anticipated to increase due to climate change, in one's community, and how communities can help mitigate any such adverse impacts, is equally important as it will help to guide the best use of land and orderly and sustainable growth. In brief, the benefits of this proposed rule are to promote a balanced planning process that more fully considers the housing, environmental, and economic needs of communities. HUD does not anticipate that the costs of the revised consultation and reporting requirements will be significant since the regulatory changes proposed by this proposed rule merely build upon similar existing requirements for other elements covered by the consolidated planning process rather than mandating completely new procedures. Further, the required assessments will be based on data readily available on the Internet. Therefore, jurisdictions will not have to incur the expense and administrative burdens associated with collecting data. Moreover, this proposed rule does not mandate that actions be taken to address broadband needs or climate change adaptation needs. Consolidated plan jurisdictions are in the best position to decide how to expend their HUD funds. However, HUD believes that the additional analyses required by this rule may highlight areas where expenditure of funds would assist in opening up economic opportunities through increased broadband access or mitigate the impact of possible natural hazards, including those that may be exacerbated due to climate change. HUD leaves it to jurisdictions to consider any appropriate methods to promote broadband access or protect against the adverse impacts of climate change, taking into account the other needs of their communities, and available funding, as identified through the consolidated planning process. II. Background A. Broadband On March 23, 2015, President Obama issued a Presidential Memorandum on ``Expanding Broadband Deployment and Adoption by Addressing Regulatory Barriers and Encouraging Investment and Training.'' \7\ In this memorandum, the President noted that access to high-speed broadband is no longer a luxury, but it is a necessity for American families, businesses, and consumers.\8\ The President further noted that the Federal government has an important role to play in developing coordinated policies to promote broadband deployment and adoption, including promoting best practices, breaking down regulatory barriers, and encouraging further investment. --------------------------------------------------------------------------- \7\ See https://www.whitehouse.gov/the-press-office/2015/03/23/presidential-memorandum-expanding-broadband-deployment-and-adoption-addr. \8\ The Web page for the National Broadband Map explains that ``broadband refers to a high-speed, always-on connection to the Internet. The primary factors that people consider when deciding what type of broadband Internet service to subscribe to include service availability, connection speed, technology and price. Organizations define broadband in different ways. For information to be included on the National Broadband Map, the technology must provide a two-way data transmission (to and from the Internet) with advertised speeds of at least 768 kilobits per second (kbps) downstream and at least 200 kbps upstream to end users.'' Please see http://www.broadbandmap.gov/. --------------------------------------------------------------------------- The memorandum established an interagency Broadband Opportunity Council, including representatives from the Executive Branch agencies, for the purposes of consulting with State, local, tribal, and territorial governments, as well as telecommunications companies, utilities, trade associations, philanthropic entities, policy experts, and other interested parties to identify and assess regulatory barriers and opportunities to broadband adoption. The council's report, published by the White House on September 21, 2015, included a number of specific actions that agencies (including HUD) agreed to take to promote greater broadband deployment and adoption. This change to the Consolidated Planning process is one of those actions.\9\ --------------------------------------------------------------------------- \9\ See, Broadband Opportunity Council, Report to President Obama at p. 14 (Aug. 20, 2015), available at https://www.whitehouse.gov/sites/default/files/broadband_opportunity_council_report_final.pdf . --------------------------------------------------------------------------- On July 15, 2015, HUD launched its Digital Opportunity Demonstration, known as ``ConnectHome,'' in which HUD provided a platform for collaboration among local governments, public housing agencies, Internet service providers, philanthropic foundations, nonprofit organizations and other relevant stakeholders to work together to produce local solutions for narrowing the digital divide in communities across the nation served by HUD.\10\ The demonstration, or pilot as it is also called, commenced with the participation of 28 communities. Through contributions made by the Internet service providers and other organizations participating in the pilot, these 28 communities will benefit from the ConnectHome collaboration by [[Page 31195]] receiving, for the residents living in HUD public and assisted housing in these communities, broadband infrastructure, technical assistance, literacy training, and electronic devices that provide for accessing high-speed Internet. --------------------------------------------------------------------------- \10\ See https://www.whitehouse.gov/the-press-office/2015/07/15/fact-sheet-connecthome-coming-together-ensure-digital-opportunity-all. --------------------------------------------------------------------------- On March 9, 2016, President Obama launched the ConnectALL initiative to ensure that more Americans have the broadband they need to get a job, engage their community, and deliver opportunity to their children.\11\ ConnectALL will increase the affordability of broadband for low-income Americans; deliver digital literacy skills; increase access to affordable devices; develop a tool to support broadband planning; bring together private sector corporations helping to deliver affordable connectivity; and marshal philanthropic support for digital inclusion. The goal of ConnectALL is to create a national effort to connect 20 million more Americans to broadband by 2020. --------------------------------------------------------------------------- \11\ https://www.whitehouse.gov/the-press-office/2016/03/09/fact-sheet-president-obama-announces-connectall-initiative. --------------------------------------------------------------------------- The importance of all Americans having access to the Internet cannot be overstated. As HUD stated in its announcement of the Digital Opportunity Demonstration, published in the Federal Register on April 3, 2015, at 80 FR 18248, ``[k]nowledge is a pillar to achieving the American Dream--a catalyst for upward mobility as well as an investment that ensures each generation is as successful as the last.'' \12\ Many low-income Americans do not have broadband Internet at home, contributing to the estimated 66 million Americans who are without the most basic digital literacy skills. Without broadband access and connectivity and the skills to use Internet technology at home, children will miss out on the high-value educational, economic, and social impact that high-speed Internet provides. It is for these reasons that HUD is exploring ways, beyond ConnectHome, to narrow the digital divide for the low-income individuals and families served by HUD multifamily rental housing programs. This proposed rule presents one such additional effort. --------------------------------------------------------------------------- \12\ 80 FR18248, at 18249. --------------------------------------------------------------------------- B. Natural Hazards Resilience On November 1, 2013, President Obama signed Executive Order 13653, on ``Preparing the United States for the Impacts of Climate Change.'' \13\ The Executive Order recognizes that the impacts of climate change--including an increase in prolonged periods of excessively high temperatures, more heavy downpours, an increase in wildfires, more severe droughts, permafrost thawing, ocean acidification, and sea-level rise--are often most significant for communities that already face economic or health-related challenges. Research has developed the concept of social vulnerability, which describes characteristics (age, gender, socioeconomic status, special needs, race, and ethnicity) of populations that influence their capacity to prepare for, respond to, and recover from hazards and disasters, including the sensitivity of a population to climate change impacts and how different people or groups are more or less vulnerable to those impacts. Social vulnerability and equity in the context of climate change are important because some populations may have less capacity to prepare for, respond to, and recover from climate-related hazards and effects.\14\ Executive Order 13653 asserts that managing these risks requires deliberate preparation, close cooperation, and coordinated planning by the federal government, State, Tribal, and local governments, and stakeholders. Further, the Executive Order calls upon Federal agencies to identify opportunities to support and encourage smarter, more climate-resilient investments by States, local communities, and tribes, through grants and other programs, in the context of infrastructure development. --------------------------------------------------------------------------- \13\ Executive Order 13653 was subsequently published in the Federal Register on November 6, 2013, at 78 FR 66819. \14\ A summary of research on social vulnerability is provided in Kathy Lynn, Katharine MacKendrick, and Ellen M. Donoghue, Social Vulnerability and Climate Change: Synthesis of Literature (United States Department of Agriculture, August 2011), available online at: http://www.fs.fed.us/pnw/pubs/pnw_gtr838.pdf. --------------------------------------------------------------------------- Section 7 of Executive Order 13653 established the President's State, Local, and Tribal Leaders Task Force on Climate Change Resilience and Preparedness (Task Force). Co-chaired by the Chair of the White House Council on Environmental Quality and the Director of the White House Office of Intergovernmental Affairs, the Task Force consisted of 26 governors, mayors, county officials, and Tribal leaders from across the United States. Members brought first-hand experiences in building climate preparedness and resilience in their communities and conducted broad outreach to thousands of government agencies, trade associations, planning agencies, academic institutions, and other stakeholders, to inform their recommendations to the Administration. The President charged the Task Force with providing recommendations on how the Federal government can respond to the needs of communities nationwide that are dealing with the impacts of climate change by removing barriers to resilient investments, modernizing Federal grant and loan programs to better support local efforts, and developing the information and tools they need to prepare, among other measures. In November 2014, Task Force members presented their recommendations for the President at a White House meeting with Vice President Biden and other senior Administration officials.\15\ Among other actions, the Task Force called on HUD to consider strategies within existing grant programs to facilitate and encourage integrated hazard mitigation approaches that address climate-change related risks, land use, development codes and standards, and capital improvement planning. This proposed rule represents one step that HUD is taking to implement these recommendations. --------------------------------------------------------------------------- \15\ https://www.whitehouse.gov/administration/eop/ceq/initiatives/resilience/taskforce. --------------------------------------------------------------------------- III. This Proposed Rule HUD's consolidated planning process serves as the framework for a community-wide dialogue to identify housing and community development priorities that align and focus funding from the HUD formula block grant programs: Community Development Block Grant (CDBG) program, HOME Investment Partnerships (HOME) program, Emergency Solutions Grant (ESG) program, and Housing Opportunities for Persons With AIDS (HOPWA) program. HUD's regulations for the consolidated planning are codified at 24 CFR part 91(entitled ``Consolidated Submissions for Community Planning and Development Programs''). The Consolidated Plan, which may have a planning duration of between 3 and 5 years, is designed to help States and local governments assess their affordable housing and community development needs, in the context of market conditions at the time of their planning, and to make data-driven, place-based decisions on how to expend HUD funds in their jurisdictions. In developing their consolidated plans, States and local governments are required to engage their communities, both in the process of developing and reviewing the proposed plan, and as partners and stakeholders in the implementation of the plan. By consulting and collaborating with other public and private entities, States and local governments can better align and [[Page 31196]] coordinate community development programs with a range of other plans, programs, and resources to achieve greater impact. A jurisdiction's consolidated plan is carried out through annual action plans, which provide a concise summary of the actions, activities, and the specific Federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan. States and local governments report on accomplishments and progress toward consolidated plan goals in the Consolidated Annual Performance and Evaluation Report (CAPER). The regulatory amendments proposed by this rule would require States and local governments to consider broadband access and natural hazard resilience as part of their consolidated planning efforts. As provided in this proposed rule, States and local governments will need to consider the broadband needs of their low- and moderate-income residents, and the extent that available broadband Internet service providers and technology support these residents' broadband access needs. Where the required analysis demonstrates that such support is not currently available or is minimally available, States and local governments should consider ways to bring broadband Internet access to these residents, such as the extent to which broadband Internet service providers could be solicited to contribute to the broadband access needs of low-income residents, or how HUD funds could be used to narrow the digital divide for low- and moderate-income residents. Further, where the required analysis demonstrates that low- and moderate-income communities are at risk of natural hazards, including those that may be exacerbated due to climate change, States and local governments should consider ways to incorporate hazard mitigation and resilience into their community planning and development goals, development codes, and standards, including how HUD funds could be used to mitigate natural hazard risks, including increasing risks due to climate change, with other Federal, State, local, philanthropic, and private sector funding. In this regard, President Obama's Administration is committed to giving communities across the United States the information and tools they need to plan for current and future climate change impacts, such as flooding and sea-level rise. In March 2014, the Administration launched the Climate Data Initiative, an effort to make vast Federal data resources on climate change risks and impacts openly available to the public.\16\ Following a major disaster designation, jurisdictions should consider reviewing and possibly revising the required resilience analysis. Such a review would assist jurisdictions in determining whether the disaster has introduced new or unanticipated hazard risks and consequences or unmet needs. Such a review would assist jurisdictions in deciding how best to use HUD funds to address new resilience-related and disaster recovery-related needs. HUD specifically invites public comments on the need for this type of post-disaster review and the possibility of requiring such a reevaluation at the final rule stage. --------------------------------------------------------------------------- \16\ See http://www.data.gov/climate/. --------------------------------------------------------------------------- This proposed rule is one part of a broader set of Administration and HUD initiatives to narrow the digital divide and enhance climate resilience in low-income communities. Given the focus of the consolidated plan on housing needs, the assessments required by the proposed rule are limited to broadband access in housing and the vulnerability of housing to natural hazard risks. HUD, however, is cognizant of the critical non-housing needs of low-income communities. The adoption of broadband, which includes digital literacy by low- income residents is an equally critical component of closing the digital divide. Likewise, the evaluation of vulnerability to natural hazard risks on a broader, community-wide, level is an equally significant component of ensuring the resilience of low-income households. Under 24 CFR 91.215 (for local governments) and 24 CFR 92.315 (for States), jurisdictions must provide a description of priority non-housing community development needs eligible for assistance under HUD's community development programs. Given the importance of broadband adoption to communities and the goals of this rulemaking, HUD strongly encourages jurisdictions to consider implementing such actions in their non-housing community development efforts. Similarly, HUD strongly encourages jurisdictions to consider the use of block grant funds for actions that enhance the resilience of communities to natural hazard risks as a whole. To this end, jurisdictions should consider basing such actions on the FEMA-approved State, Tribal, and local hazard mitigation plans that may be used to conduct the housing-specific assessments required by the proposed rule. In addition, HUD continues to encourage regional planning considerations, and maintains the requirement for local governments and States to, in their citizen participation plan, encourage the participation of local and regional institutions and businesses in the process of developing and implementing their consolidated plans. The proposed rule would make the following changes to the Consolidated Plan regulations: 1. Consultation and citizen participation requirements (Sec. Sec. 91.100.91.105. 91.110, 91.115). The current regulations require that local governments and States consult public and private agencies that provide assisted housing, health services, and social and fair housing services during preparation of the consolidated plan. Under the current regulations, local governments and States are also required, in their citizen participation plan, to encourage the participation of local and regional institutions and businesses in the process of developing and implementing their consolidated plans. The proposed rule would amend these requirements to specify that local governments and States must consult with public and private organizations, including broadband Internet service providers, and other organizations engaged in narrowing the digital divide. Further, the citizen participation plan must encourage their participation in implementing any components of the plan designed to narrow the digital divide for low-income residents. The proposed rule would also require local governments and States to consult with agencies whose primary responsibilities include the management of floodprone areas, public land or water resources, and emergency management agencies in the process of developing the consolidated plan. 2. Contents of Consolidated Plan (Sec. Sec. 91.5, 91.200, 9.200, 91.210, 91.300, 91.310). The proposed rule would make several changes to subparts C and D of HUD's regulations 24 CFR part 91, which establish the required contents of the consolidated plan. First, the proposed rule would require that, in describing their consultation efforts, local governments and States describe their consultations with public and private organizations, including broadband Internet service providers, other organizations engaged in narrowing the digital divide, agencies whose primary responsibilities include the management of floodprone areas, public land or water resources, and emergency management agencies. Second, the jurisdiction must also describe broadband needs in housing occupied by low- and moderate-income households based on an analysis of data for its low- and moderate-income [[Page 31197]] neighborhoods in the National Broadband Map. The National Broadband Map Web site may be accessed at http://www.broadbandmap.gov/. Grantees may also use broadband availability data in the FCC Form 477 or other data identified by the jurisdiction, for which the source is cited in the jurisdiction's Consolidated Plan. These needs include the need for broadband wiring and for connection to the broadband service in the household units, the need for increased competition by having more than one broadband Internet service provider serve the jurisdiction. Third, the proposed rule would also require the jurisdiction to provide an assessment of natural hazard risk to low- and moderate- income residents based on an analysis of data, findings and methods in (1) the most recent National Climate Assessment, the Climate Resilience Toolkit, the Impact of Climate Change and Population Growth on the National Flood Insurance Program Through 2100, or the Community Resilience Planning Guide for Buildings and Infrastructure Systems prepared by the National Institute of Standards and Technology (NIST); (2) other climate risk-related data published by the Federal government or other State or local government climate risk related data, including FEMA-approved hazard mitigation plans which incorporate climate change; or (3) other climate risk data identified by the jurisdiction, for which the source is cited in the jurisdiction's Consolidated Plan. The National Climate Assessment, located at http://nca2014.globalchange.gov/, summarizes the impacts of climate change on the United States, now and in the future. A team of more than 300 experts guided by a 60-member Federal Advisory Committee produced the report, which was extensively reviewed by the public and experts, including federal agencies and a panel of the National Academy of Sciences.\17\ --------------------------------------------------------------------------- \17\ http://nca2014.globalchange.gov/. --------------------------------------------------------------------------- The Climate Resilience Toolkit, located at http://toolkit.climate.gov provides science-based tools, information, and expertise to help people manage their climate-related risks and opportunities, and improve their resilience to extreme events. The site is designed to serve interested citizens, communities, businesses, resource managers, planners, and policy leaders at all levels of government. The Climate Resilience Toolkit was developed over a six- month period in 2014 by a partnership of federal agencies and organizations led by National Oceanic and Atmospheric Administration.\18\ --------------------------------------------------------------------------- \18\ https://toolkit.climate.gov/content/about-climate-resilience-toolkit. --------------------------------------------------------------------------- FEMA sponsored the report on Impact of Climate Change and Population Growth on the National Flood Insurance Program (available at http://www.acclimatise.uk.com/login/uploaded/resources/FEMA_NFIP_report.pdf) to fulfill a recommendation made by the Government Accountability Office to analyze the potential long-term implications of climate change and population growth on the National Flood Insurance Program. The study addresses riverine and coastal flood response to climate change, with projections at 20-year intervals through 2100, and found that the national average increase in floodprone areas by the year 2100 may approximate 40-45% for riverine areas and coastal areas. The National Institute of Standards and Technology's (NIST) Community Resilience Planning Guide for Buildings and Infrastructure Systems, located at http://www.nist.gov/el/resilience, provides a six- step planning process that towns, cities, and counties can apply to better withstand hazard events and recovery more quickly. It provides a practical approach to help communities set priorities, allocate resources, and adopt codes and standards to reduce natural hazard and climate change risks by improving their resilience. By undertaking these two analyses as part of their consolidated planning, HUD believes that jurisdictions become better informed of two emerging community needs in the world today: (1) The importance of broadband access, which opens up opportunity to a wide range of services, markets, jobs, educational, cultural and recreational opportunities; and (2) the importance of being cognizant and prepared for environmental and geographical conditions that may threaten the health and safety of communities. As noted earlier in this preamble, HUD is not mandating that jurisdictions take actions in either of these areas, but HUD believes that these are two areas that must be taken into consideration in a jurisdiction's planning for its expenditure of HUD funds. IV. Findings and Certifications Regulatory Review--Executive Orders 12866 and 13563 Under Executive Order 12866 (Regulatory Planning and Review), a determination must be made whether a regulatory action is significant and therefore, subject to review by the Office of Management and Budget (OMB) in accordance with the requirements of the order. Executive Order 13563 (Improving Regulations and Regulatory Review) directs executive agencies to analyze regulations that are ``outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned. Executive Order 13563 also directs that, where relevant, feasible, and consistent with regulatory objectives, and to the extent permitted by law, agencies are to identify and consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public. This rule was determined to be a ``significant regulatory action'' as defined in section 3(f) of Executive Order (although not an economically significant regulatory action, as provided under section 3(f)(1) of the Executive Order). As noted in this preamble, the proposed regulatory amendments are designed to assist Consolidated Plan jurisdictions assess two emerging needs of communities in this changing world. Specifically, the proposed rule will direct States and local governments to consider broadband access and natural hazard resilience in their consolidated planning efforts by using readily available online data sources. Where access to broadband Internet service is either not currently available or only minimally available, jurisdictions will be required to consider ways to bring broadband Internet access to low- and moderate-income residents, including how HUD funds could be used to narrow the digital divide for these residents. Further, where low- and moderate-income communities are at risk of natural hazards, including those that may be exacerbated due to climate change, States and local governments must consider ways to incorporate hazard mitigation and resilience into their community planning and development goals, including the use of HUD funds. Benefits and Costs of the Proposed Rule A. Benefits The Consolidated Planning process benefits jurisdictions by establishing the framework for a community-wide dialogue to identify housing and community development needs for over a thousand communities across the Nation.\19\ Rather than a piecemeal [[Page 31198]] approach to planning based on differing program requirements, the Consolidated Plan enables a holistic approach to the assessment of affordable housing and community development needs and market conditions. HUD established the Consolidated Plan, through a 1994 final rule, for the explicit purpose of linking disparate program planning requirements, thereby ensuring ``that the needs and resources of . . . [jurisdictions] are included in a comprehensive planning effort to revitalize distressed neighborhoods and help low-income residents locally.'' \20\ The Consolidated Plan replaced a dozen separate planning mechanisms with a unified approach enabling communities to make data-driven, place-based investment decisions.\21\ --------------------------------------------------------------------------- \19\ The Consolidated Plan is used by 1,255 jurisdictions. This number includes 1,205 localities all 50 States. \20\ 60 FR 1878 (January 5, 1994). \21\ See footnote 15. --------------------------------------------------------------------------- New housing and community development needs have arisen in the 21 years since the Consolidated Plan was created. As noted in this preamble, two of the most pressing emerging needs facing communities in the twenty-first century are the digital divide and climate change:In a recent analysis, the President's Council of Economic Advisers (CEA) noted that the benefits of broadband Internet technology have not been evenly distributed.\22\ Research shows that there remain substantial disparities in both Internet use and the quality of access. This ``digital divide'' is concentrated among older, less educated, and less affluent populations, as well as in rural parts of the country that tend to have fewer choices and slower connections.\23\ --------------------------------------------------------------------------- \22\ The Digital Divide and Economic Benefits of Broadband Access, Council of Economic Advisers (CEA) Issue Brief (March 2016) available online at: https://www.whitehouse.gov/sites/default/files/page/files/20160308_broadband_cea_issue_brief.pdf. \23\ Thom File and Camille Ryan, Computer and Internet Use in the United States: 2013 (U.S. Census Bureau, November 2014) available online at: http://www.census.gov/content/dam/Census/library/publications/2014/acs/acs-28.pdf. --------------------------------------------------------------------------- As President Obama has noted, climate change is happening now; it is not a distant threat. Its effects are already being felt in communities across the Nation. In some regions, droughts, wildfires, and floods are becoming more frequent and/or intense.\24\ Average temperatures across the United States have increased between 1.3 and 1.9 degrees Fahrenheit since recordkeeping began in 1895.\25\ Heat waves, hurricanes, and severe storms have all become more intense, and sea level rise is causing some communities to flood at high tides and threatening homes and critical infrastructure. Climate impacts have affected every region across the nation and inflicted large costs on the economy.\26\ --------------------------------------------------------------------------- \24\ https://www.whitehouse.gov/energy/climate-change. \25\ http://nca2014.globalchange.gov/highlights/overview/climate-trends. \26\ http://nca2014.globalchange.gov/. --------------------------------------------------------------------------- Despite the benefits described above of a comprehensive approach to planning and the allocation of scarce Federal dollars, jurisdictions are not currently required to consider either the digital divide or climate change resilience in development of their Consolidated Plans. Jurisdictions may therefore place a low priority on assessing, and using Federal dollars to address, these critical issues than on other needs included in the Consolidated Plan. As a worst case scenario, it could mean that communities elect to defer considering these needs. The direct benefits provided by the proposed rule are, therefore, to help ensure that Consolidated Plan jurisdictions consider broadband access and natural hazard resilience as part of their comprehensive assessment and planning efforts, including the most effective use of HUD grant funds. The CEA broadband analysis discussed above noted that closing the digital divide can increase productivity and open ladders of opportunity. Likewise, community investment in natural hazard resilience may help to insure security and quality of life against the rising environmental tolls associated with climate change.\27\ --------------------------------------------------------------------------- \27\ See http://www.nist.gov/el/helping-to-build-a-nation-of-resilient-communities.cfm. --------------------------------------------------------------------------- B. Costs HUD does not anticipate that the costs of the revised consultation and reporting requirements will be substantial since the regulatory changes proposed by this proposed rule merely build upon similar existing requirements for other elements covered by the consolidated planning process rather than mandating completely new procedures. The economic costs of completing the Consolidated Plan are not significant. A complete Consolidated Plan that contains both a Strategic Plan and Annual Action Plan is submitted once every 3 to 5 years. An Annual Action Plan is submitted once a year. HUD data indicate that the cost of preparing the Strategic Plan for a locality is $5,236, and for a State is $14,382. The cost of preparing the Annual Action Plan is $1,904 for a locality and $6,392 for each State. While these are not trivial amounts, they are not substantial when considered in proportion to HUD grant funding (for example, the average CDBG grant to entitlement communities in FY 2012 was approximately $1.7 million).\28\ --------------------------------------------------------------------------- \28\ Eugene Boyd, Community Development Block Grants: Recent Funding History (Congressional Research Service, February 6, 2014), available online at: https://www.hsdl.org/?view&did=750383. --------------------------------------------------------------------------- HUD does not anticipate the proposed regulatory changes will add much, if anything, to these costs. As noted above, the required assessments will be based on data that are already readily available on the Internet. Therefore, jurisdictions will not have to incur the expense and administrative burdens associated with collecting data. Moreover, the proposed rule does not mandate that actions be taken to address broadband needs or climate change needs. Consolidated plan jurisdictions are in the best position to decide how to expend their HUD funds. However, HUD believes that the additional analyses required by this proposed rule may highlight areas where expenditure of funds would assist in opening up economic opportunities through increased broadband access or mitigate the impact of possible natural hazard risks and climate change impacts. HUD leaves it to jurisdictions to consider any appropriate methods to promote broadband access or protect against the adverse impacts of climate change, taking into account the other needs of their communities, and available funding, as identified through the consolidated planning process. Accordingly, HUD believes that the benefits of enhancing the ability of State and local government to comprehensively plan for housing and community development needs outweigh the minimal costs that may be associated with the revised Consolidated Plan requirements. The docket file is available for public inspection in the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500. Due to security measures at the HUD Headquarters building, please schedule an appointment to review the docket file by calling the Regulation Division at 202-402-3055 (this is not a toll-free number). Individuals with speech or hearing impairments may access this number via TTY by calling the Federal Relay Service at 800-877-8339. Paperwork Reduction Act The information collection requirements contained in this rule have been submitted to the Office of [[Page 31199]] Management and Budget (OMB) for review and approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). In accordance with the Paperwork Reduction Act, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless the collection displays a currently valid OMB control number. The burden of the information collections in this rule is estimated as follows: Reporting and Recordkeeping Burden ---------------------------------------------------------------------------------------------------------------- Response Information collection Number of respondents frequency Burden hours Total burden (average) * per response hours ---------------------------------------------------------------------------------------------------------------- Citizen participation plan for 1,205 localities and 50 1 2 2,510 localities (Sec. 91.105) and States States. (Sec. 91.115). Housing market analysis for local 1,205 localities and 50 1 2 2,510 governments (Sec. 91.210) and States. States (Sec. 91.310). ------------------------------------------------------------------------- Totals............................ 1,255................... 1 4 5,020 ---------------------------------------------------------------------------------------------------------------- * A complete Consolidated Plan is submitted once every 3-5 years. This response number reflects one response per Consolidated Plan submission. In accordance with 5 CFR 1320.8(d)(1), HUD is soliciting from members of the public and affected agencies comments on the following concerning this collection of information: (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. Interested persons are invited to submit comments regarding the information collection requirements in this rule. Under the provisions of 5 CFR part 1320, OMB is required to make a decision concerning this collection of information between 30 and 60 days after the publication date. Therefore, a comment on the information collection requirements is best assured of having its full effect if OMB receives the comment within 30 days of the publication. This time frame does not affect the deadline for comments to the agency on the proposed rule, however. Comments must refer to the proposal by name and docket number (5891-P- 01) and must be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503, Fax number: 202-395-6947, and Ms. Colette Pollard, Reports Liaison Officer, Department of Housing and Urban Development, 451 7th Street SW., Room 2204, Washington, DC 20410 Interested persons may submit comments regarding the information collection requirements electronically through the Federal eRulemaking Portal at http://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 http://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. Impact on Small Entities The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. As noted above in this preamble, the proposed regulatory amendment will impose minimal, if any, economic burdens on HUD grantees, irrespective of their size. The proposed rule will amend the Consolidated Plan regulations to require that States and local governments consider (1) broadband Internet service access for low- and moderate-income households to; and (2) the risk of potential natural hazards, including those that may be exacerbated due to climate change, to low- and moderate-income residents in their jurisdictions. The regulatory changes build upon their existing consolidated planning process rather than mandating completely new procedures. As discussed above, the economic costs of preparing the Consolidated Plan are not significant, and it is unlikely that the proposed changes will increase those costs since the required assessments will be mostly based on data that has already been compiled and readily available on the Internet. Jurisdictions will, therefore, not have to incur the expense and administrative burdens associated with collecting and analyzing data. Moreover, the proposed rule does not mandate that any actions be taken in response to the required assessments. Where access to broadband Internet service is not currently available or is minimally available, States and local governments must consider ways to bring broadband Internet access to low- and moderate-income residents, including how HUD funds could be used to narrow the digital divide for these residents. Further, where low- and moderate-income communities are at risk of natural hazards, including those that may be exacerbated due to climate change, States and local governments must consider ways to incorporate hazard mitigation and resilience into their community planning and development goals, including the use of HUD funds. However, jurisdictions retain the discretion to consider the most appropriate methods to address their assessments, taking into account other needs identified as part of the consolidated planning process as well as financial and other resource constraints. This proposed rule therefore, which only requires consideration of the broadband and [[Page 31200]] natural hazards resilience needs of low-income communities, has a minimal cost impact on all grantees subject to the Consolidated Planning process, whether large or small, and will not have a significant economic impact on substantial number of small entities. Notwithstanding HUD's determination that this proposed rule will not have a significant economic effect on a substantial number of small entities, HUD specifically invites comments regarding any less burdensome alternatives to this rule that will meet HUD's objectives, as described in this preamble. Environmental Review This proposed rule does not direct, provide for assistance or loan and mortgage insurance for, or otherwise govern, or regulate, real property acquisition, disposition, leasing, rehabilitation, alteration, demolition, or new construction, or establish, revise or provide for standards for construction or construction materials, manufactured housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this proposed rule is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321). Executive Order 13132, Federalism Executive Order 13132 (entitled ``Federalism'') prohibits an agency from publishing any rule that has federalism implications if the rule imposes either substantial direct compliance costs on state and local governments and is not required by statute, or the rule preempts state law, unless the agency meets the consultation and funding requirements of section 6 of the Executive Order. This proposed rule would not have federalism implications and would not impose substantial direct compliance costs on state and local governments or preempt state law within the meaning of the Executive Order. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) (UMRA) establishes requirements for federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments, and on the private sector. This proposed rule would not impose any federal mandates on any state, local, or tribal governments, or on the private sector, within the meaning of the UMRA. List of Subjects in 24 CFR Part 91 Aged, Grant programs--housing and community development, Homeless, Individuals with disabilities, Low- and moderate-income housing, Reporting and recordkeeping requirements. For the reasons discussed in the preamble, HUD proposes to amend part 91 as follows: PART 91--CONSOLIDATED SUBMISSIONS FOR COMMUNITY PLANNING AND DEVELOPMENT PROGRAMS 0 1. The authority citation for part 91 continues to read as follows: Authority: 42 U.S.C. 3535(d), 3601-3619, 5301-5315, 11331-11388, 12701-12711, 12741-12756, and 12901-12912. 0 2. In Sec. 91.100, add a sentence to the end of paragraph (a)(1) to read as follows: Sec. 91.100 Consultation; local governments. (a) * * * (1) * * * When preparing the consolidated plan, the jurisdiction shall also consult with public and private organizations, including broadband Internet service providers, organizations engaged in narrowing the digital divide, agencies whose primary responsibilities include the management of floodprone areas, public land or water resources, and emergency management agencies. * * * * * 0 3. In Sec. 91.105, add a sentence at the end of paragraph (a)(2)(ii) to read as follows: Sec. 91.105 Citizen participation plan; local governments. (a) * * * (2) * * * (ii) * * * The jurisdiction shall encourage the participation of public and private organizations, including broadband Internet service providers, organizations engaged in narrowing the digital divide, agencies whose primary responsibilities include the management of floodprone areas, public land or water resources, and emergency management agencies in the process of developing the consolidated plan. * * * * * 0 4. In Sec. 91.110, add a sentence at the end of paragraph (a) to read as follows: Sec. 91.110 Consultation; States. (a) * * * When preparing the consolidated plan, the State shall also consult with public and private organizations, including broadband Internet service providers, organizations engaged in narrowing the digital divide, agencies whose primary responsibilities include the management of floodprone areas, public land or water resources, and emergency management agencies. * * * * * 0 5. In Sec. 91.115, add a sentence at the end of paragraph (a)(2)(ii) to read as follows: Sec. 91.115 Citizen participation plan; States. (a) * * * (2) * * * (ii) * * * The State shall also encourage the participation of public and private organizations, including broadband Internet service providers, organizations engaged in narrowing the digital divide, agencies whose primary responsibilities include the management of floodprone areas, public land or water resources, and emergency management agencies in the process of developing the consolidated plan. * * * * * 0 6. In Sec. 91.200, redesignate paragraph (b)(3)(iv) as paragraph (b)(3)(vi), and add new paragraph (b)(3)(iv) and paragraph (b)(3)(v) to read as follows: Sec. 91.200 General. * * * * * (b) * * * (3) * * * (iv) Public and private organizations, including broadband Internet service providers and organizations engaged in narrowing the digital divide; (v) Agencies whose primary responsibilities include the management of floodprone areas, public land or water resources, and emergency management agencies; and * * * * * 0 7. Revise Sec. 91.210(a) to read as follows: Sec. 91.210 Housing market analysis. (a) General characteristics. (1) Based on information available to the jurisdiction, the plan must describe the significant characteristics of the jurisdiction's housing market, including the supply, demand, and condition and cost of housing and the housing stock available to serve persons with disabilities, and to serve other low- income persons with special needs, including persons with HIV/AIDS and their families. (2) Data on the housing market should include, to the extent information is available, an estimate of the number of vacant or abandoned buildings and whether units in these buildings are suitable for rehabilitation. (3) The jurisdiction must also identify and describe any areas within the jurisdiction with concentrations of racial/ethnic minorities and/or low-income families, stating how it defines the terms ``area of low-income concentration'' and ``area of minority concentration'' for this purpose. The locations and degree of these [[Page 31201]] concentrations must be identified, either in a narrative or on one or more maps. (4) The jurisdiction must also describe the broadband needs of housing occupied by low- and moderate-income households based on an analysis of data for its low- and moderate-income neighborhoods in the National Broadband Map. Jurisdictions may also use broadband availability data in the FCC Form 477 or other data identified by the jurisdiction, for which the source is cited in the jurisdiction's Consolidated Plan. These needs include the need for broadband wiring and for connection to the broadband service in the household units, the need for increased competition by having more than one broadband Internet service provider serve the jurisdiction. (5) The jurisdiction must also describe the vulnerability of housing occupied by low- and moderate-income households to increased natural hazard risks associated with climate change based on an analysis of data, findings, and methods in: (i) The National Climate Assessment, the Climate Resilience Toolkit, the Impact of Climate Change and Population Growth on the National Flood Insurance Program, or the NIST Community Resilience Planning Guide for Buildings and Infrastructure Systems; (ii) Other climate risk-related data published by the Federal government or other State or local government climate risk-related data, including hazard mitigation plans approved by the Federal Emergency Management Agency that incorporate climate change; or (iii) Other climate risk data identified by the jurisdiction, for which the source is cited in the jurisdiction's Consolidated Plan. * * * * * 0 8. In Sec. 91.300, remove the word ``and'' following the semicolon at the end of paragraph (b)(3)(iii), redesignate paragraph (b)(3)(iv) as paragraph (b)(3)(vi), and add new paragraph (b)(3)(iv) and paragraph (b)(3)(v) to read as follows: Sec. 91.300 General. * * * * * (b) * * * (3) * * * (iv) Public and private organizations, including broadband Internet service providers and organizations engaged in narrowing the digital divide; (v) Agencies whose primary responsibilities include the management of floodprone areas, public land or water resources, and emergency management agencies; and * * * * * 0 9. Revise Sec. 91.310(a) to read as follows: Sec. 91.310 Housing market analysis. (a) General characteristics. (1) Based on data available to the State, the plan must describe the significant characteristics of the State's housing markets (including such aspects as the supply, demand, and condition and cost of housing). (2) The State must describe the broadband needs of housing in the State based on an analysis of data in the National Broadband Map. States may also use broadband availability data in the FCC Form 477 or other data identified by the jurisdiction, for which the source is cited in the jurisdiction's Consolidated Plan. These needs include the need for broadband wiring and for connection to the broadband service in the household units, the need for increased competition by having more than one broadband Internet service provider serve the jurisdiction. (3) The State must also describe the vulnerability of housing occupied by low- and moderate-income households to increased natural hazard risks due to climate change based on an analysis of data, findings, and methods in: (i) The National Climate Assessment, the Climate Resilience Toolkit, the Impact of Climate Change and Population Growth on the National Flood Insurance Program, or the NIST Community Resilience Planning Guide for Buildings and Infrastructure Systems; (ii) Other climate risk-related data published by the Federal government or other State or local government climate risk-related data, including hazard mitigation plans approved by the Federal Emergency Management Agency that incorporate climate change; or (iii) Other climate risk data identified by the jurisdiction, for which the source is cited in the jurisdiction's Consolidated Plan. * * * * * Dated: April 15, 2016. Harriet Tregoning, Principal Deputy Assistant Secretary for Community Planning and Development. [FR Doc. 2016-11350 Filed 5-17-16; 8:45 am] BILLING CODE 4210-67-P
![31192 Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Proposed Rules
■ 28. In § 891.120, add paragraph (f) to broadband infrastructure, as this term is ACTION: Proposed rule.
read as follows: also defined in 24 CFR 5.100, except
where the PHA documents that: SUMMARY: HUD’s Consolidated Plan is a
§ 891.120 Project design and cost (1) The location of the new planning mechanism designed to help
standards. construction or substantial States and local governments to assess
* * * * * rehabilitation makes installation of their affordable housing and community
(f) Broadband infrastructure. Any new broadband infrastructure infeasible; development needs and to make data-
construction or substantial (2) The cost of installing broadband driven, place-based investment
rehabilitation, as defined by 24 CFR infrastructure would result in a decisions. The consolidated planning
5.100, of a building with more than 4 fundamental alteration in the nature of process serves as the framework for a
rental units must include installation of its program or activity or in an undue community-wide dialogue to identify
broadband infrastructure, as this term is financial burden; or housing and community development
also defined in 24 CFR 5.100, except (3) The structure of the housing to be priorities that align and focus funding
where the owner documents that: rehabilitated makes installation of from HUD’s formula block grant
(1) The location of the new broadband infrastructure infeasible. programs. This proposed rule would
construction or substantial amend HUD’s Consolidated Plan
rehabilitation makes installation of PART 983—PROJECT–BASED regulations to require that jurisdictions
broadband infrastructure infeasible; VOUCHER (PBV) PROGRAM consider two additional concepts in
(2) The cost of installing broadband ■ 32. The authority citation for part 983 their planning efforts.
infrastructure would result in a continues to read as follows: The first concept is how to address
fundamental alteration in the nature of the need for broadband access for low-
Authority: 42 U.S.C. 1437f and 3535(d).
its program or activity or in an undue and moderate-income residents in the
financial burden; or ■ 33. Add § 983.157 to subpart D to read communities they serve. Broadband is
(3) The structure of the housing to be as follows: the common term used to refer to a
substantially rehabilitated makes § 983.157 Broadband infrastructure.
high-speed, always on connection to the
installation of broadband infrastructure Internet. Such connection is also
infeasible. Any new construction or substantial referred to as high-speed broadband or
■ 29. Add § 891.550 to subpart E to read
rehabilitation, as defined by 24 CFR
high-speed Internet. Specifically, the
as follows: 5.100, of a building with more than 4
proposed rule would require that States
rental units must include installation of
and localities that submit a consolidated
§ 891.550 Broadband infrastructure. broadband infrastructure, as this term is
plan describe the broadband access in
Any new construction or substantial also defined in 24 CFR 5.100, except
housing occupied by low- and
rehabilitation, as defined by 24 CFR where the owner documents that:
(1) The location of the new moderate-income households. If low-
5.100, of a building with more than 4 income residents in the communities do
rental units must include installation of construction or substantial
not have such access, States and
broadband infrastructure, as this term is rehabilitation makes installation of jurisdictions must consider providing
also defined in 24 CFR 5.100, except broadband infrastructure infeasible;
(2) The cost of installing broadband broadband access to these residents into
where the owner documents that: their decisions on how to invest HUD
infrastructure would result in a
(1) The location of the new funds. The second concept to be added
fundamental alteration in the nature of
construction or substantial to the Consolidated Plan process would
its program or activity or in an undue
rehabilitation makes installation of require jurisdictions to consider
financial burden; or
broadband infrastructure infeasible; (3) The structure of the housing to be incorporating resilience to natural
(2) The cost of installing broadband substantially rehabilitated makes hazard risks, taking care to anticipate
infrastructure would result in a installation of broadband infrastructure how risks will increase due to climate
fundamental alteration in the nature of infeasible. change, into development of the Plan in
its program or activity or in an undue order to begin addressing impacts of
financial burden; or Dated: April 21, 2016.
climate change on low- and moderate-
(3) The structure of the housing to be Julián Castro,
income residents.
substantially rehabilitated makes Secretary.
DATES: Comments Due Date: July 18,
installation of broadband infrastructure [FR Doc. 2016–11352 Filed 5–17–16; 8:45 am]
2016.
infeasible. BILLING CODE 4210–67–P
ADDRESSES: Interested persons are
PART 905—THE PUBLIC HOUSING invited to submit comments responsive
CAPITAL FUND PROGRAM DEPARTMENT OF HOUSING AND to this proposed rule to the Office of
URBAN DEVELOPMENT General Counsel, Regulations Division,
■ 30. The authority citation for part 905 Department of Housing and Urban
continues to read as follows: 24 CFR Part 91 Development, 451 7th Street SW., Room
Authority: 42 U.S.C. 1437g, 42 U.S.C. [Docket No. FR 5891–P–01] 10276, Washington, DC 20410–0001. All
1437z-2, 42 U.S.C. 1437z-7, and 3535(d). submissions should refer to the above
RIN 2506–AC41 docket number and title. Submission of
■ 31. In § 905.312, add paragraph (e) to
read as follows: public comments may be carried out by
Modernizing HUD’s Consolidated
hard copy or electronic submission.
ehiers on DSK5VPTVN1PROD with PROPOSALS
§ 905.312 Design and construction. Planning Process To Narrow the
1. Submission of Hard Copy
Digital Divide and Increase Resilience
* * * * * Comments. Comments may be
to Natural Hazards
(e) Broadband infrastructure. Any submitted by mail or hand delivery.
new construction or substantial AGENCY: Office of the Assistant Each commenter submitting hard copy
rehabilitation, as defined in 24 CFR Secretary for Community Planning and comments, by mail or hand delivery,
5.100, of a building with more than 4 Development, Department of Housing should submit comments to the address
rental units must include installation of and Urban Development. above, addressed to the attention of the
VerDate Sep<11>2014 15:26 May 17, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\18MYP1.SGM 18MYP1](https://thefederalregister.org/doc/81_FR_31288/page/1.svg)
![Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Proposed Rules 31195
receiving, for the residents living in an increase in prolonged periods of how the Federal government can
HUD public and assisted housing in excessively high temperatures, more respond to the needs of communities
these communities, broadband heavy downpours, an increase in nationwide that are dealing with the
infrastructure, technical assistance, wildfires, more severe droughts, impacts of climate change by removing
literacy training, and electronic devices permafrost thawing, ocean acidification, barriers to resilient investments,
that provide for accessing high-speed and sea-level rise—are often most modernizing Federal grant and loan
Internet. significant for communities that already programs to better support local efforts,
On March 9, 2016, President Obama face economic or health-related and developing the information and
launched the ConnectALL initiative to challenges. Research has developed the tools they need to prepare, among other
ensure that more Americans have the concept of social vulnerability, which measures. In November 2014, Task
broadband they need to get a job, engage describes characteristics (age, gender, Force members presented their
their community, and deliver socioeconomic status, special needs, recommendations for the President at a
opportunity to their children.11 race, and ethnicity) of populations that White House meeting with Vice
ConnectALL will increase the influence their capacity to prepare for, President Biden and other senior
affordability of broadband for low- respond to, and recover from hazards Administration officials.15 Among other
income Americans; deliver digital and disasters, including the sensitivity actions, the Task Force called on HUD
literacy skills; increase access to of a population to climate change to consider strategies within existing
affordable devices; develop a tool to impacts and how different people or grant programs to facilitate and
support broadband planning; bring groups are more or less vulnerable to encourage integrated hazard mitigation
together private sector corporations those impacts. Social vulnerability and approaches that address climate-change
helping to deliver affordable equity in the context of climate change related risks, land use, development
connectivity; and marshal philanthropic are important because some populations codes and standards, and capital
support for digital inclusion. The goal of may have less capacity to prepare for, improvement planning. This proposed
ConnectALL is to create a national effort respond to, and recover from climate- rule represents one step that HUD is
to connect 20 million more Americans related hazards and effects.14 Executive taking to implement these
to broadband by 2020. Order 13653 asserts that managing these recommendations.
The importance of all Americans risks requires deliberate preparation,
having access to the Internet cannot be III. This Proposed Rule
close cooperation, and coordinated
overstated. As HUD stated in its planning by the federal government, HUD’s consolidated planning process
announcement of the Digital State, Tribal, and local governments, serves as the framework for a
Opportunity Demonstration, published and stakeholders. Further, the Executive community-wide dialogue to identify
in the Federal Register on April 3, 2015, Order calls upon Federal agencies to housing and community development
at 80 FR 18248, ‘‘[k]nowledge is a pillar identify opportunities to support and priorities that align and focus funding
to achieving the American Dream—a encourage smarter, more climate- from the HUD formula block grant
catalyst for upward mobility as well as resilient investments by States, local programs: Community Development
an investment that ensures each communities, and tribes, through grants Block Grant (CDBG) program, HOME
generation is as successful as the and other programs, in the context of Investment Partnerships (HOME)
last.’’ 12 Many low-income Americans infrastructure development. program, Emergency Solutions Grant
do not have broadband Internet at home, Section 7 of Executive Order 13653 (ESG) program, and Housing
contributing to the estimated 66 million established the President’s State, Local, Opportunities for Persons With AIDS
Americans who are without the most and Tribal Leaders Task Force on (HOPWA) program. HUD’s regulations
basic digital literacy skills. Without Climate Change Resilience and for the consolidated planning are
broadband access and connectivity and Preparedness (Task Force). Co-chaired codified at 24 CFR part 91(entitled
the skills to use Internet technology at by the Chair of the White House Council ‘‘Consolidated Submissions for
home, children will miss out on the on Environmental Quality and the Community Planning and Development
high-value educational, economic, and Director of the White House Office of Programs’’).
social impact that high-speed Internet Intergovernmental Affairs, the Task The Consolidated Plan, which may
provides. It is for these reasons that Force consisted of 26 governors, mayors, have a planning duration of between 3
HUD is exploring ways, beyond county officials, and Tribal leaders from and 5 years, is designed to help States
ConnectHome, to narrow the digital across the United States. Members and local governments assess their
divide for the low-income individuals brought first-hand experiences in affordable housing and community
and families served by HUD multifamily building climate preparedness and development needs, in the context of
rental housing programs. This proposed resilience in their communities and market conditions at the time of their
rule presents one such additional effort. conducted broad outreach to thousands planning, and to make data-driven,
of government agencies, trade place-based decisions on how to expend
B. Natural Hazards Resilience
associations, planning agencies, HUD funds in their jurisdictions. In
On November 1, 2013, President academic institutions, and other developing their consolidated plans,
Obama signed Executive Order 13653, stakeholders, to inform their States and local governments are
on ‘‘Preparing the United States for the recommendations to the required to engage their communities,
Impacts of Climate Change.’’ 13 The Administration. both in the process of developing and
Executive Order recognizes that the The President charged the Task Force reviewing the proposed plan, and as
ehiers on DSK5VPTVN1PROD with PROPOSALS
impacts of climate change—including with providing recommendations on partners and stakeholders in the
implementation of the plan. By
11 https://www.whitehouse.gov/the-press-office/ 14 A summary of research on social vulnerability
consulting and collaborating with other
2016/03/09/fact-sheet-president-obama-announces- is provided in Kathy Lynn, Katharine MacKendrick,
connectall-initiative. public and private entities, States and
and Ellen M. Donoghue, Social Vulnerability and
12 80 FR18248, at 18249.
Climate Change: Synthesis of Literature (United local governments can better align and
13 Executive Order 13653 was subsequently States Department of Agriculture, August 2011),
published in the Federal Register on November 6, available online at: http://www.fs.fed.us/pnw/pubs/ 15 https://www.whitehouse.gov/administration/
2013, at 78 FR 66819. pnw_gtr838.pdf. eop/ceq/initiatives/resilience/taskforce.
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![31198 Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Proposed Rules
approach to planning based on differing become more intense, and sea level rise not substantial when considered in
program requirements, the Consolidated is causing some communities to flood at proportion to HUD grant funding (for
Plan enables a holistic approach to the high tides and threatening homes and example, the average CDBG grant to
assessment of affordable housing and critical infrastructure. Climate impacts entitlement communities in FY 2012
community development needs and have affected every region across the was approximately $1.7 million).28
market conditions. HUD established the nation and inflicted large costs on the HUD does not anticipate the proposed
Consolidated Plan, through a 1994 final economy.26 regulatory changes will add much, if
rule, for the explicit purpose of linking Despite the benefits described above anything, to these costs. As noted above,
disparate program planning of a comprehensive approach to the required assessments will be based
requirements, thereby ensuring ‘‘that the planning and the allocation of scarce on data that are already readily available
needs and resources of . . . Federal dollars, jurisdictions are not on the Internet. Therefore, jurisdictions
[jurisdictions] are included in a currently required to consider either the will not have to incur the expense and
comprehensive planning effort to digital divide or climate change administrative burdens associated with
revitalize distressed neighborhoods and resilience in development of their collecting data. Moreover, the proposed
help low-income residents locally.’’ 20 Consolidated Plans. Jurisdictions may rule does not mandate that actions be
The Consolidated Plan replaced a dozen therefore place a low priority on taken to address broadband needs or
separate planning mechanisms with a assessing, and using Federal dollars to climate change needs. Consolidated
unified approach enabling communities address, these critical issues than on plan jurisdictions are in the best
to make data-driven, place-based other needs included in the position to decide how to expend their
investment decisions.21 Consolidated Plan. As a worst case HUD funds. However, HUD believes
New housing and community scenario, it could mean that that the additional analyses required by
development needs have arisen in the communities elect to defer considering this proposed rule may highlight areas
21 years since the Consolidated Plan these needs. where expenditure of funds would
was created. As noted in this preamble, The direct benefits provided by the assist in opening up economic
two of the most pressing emerging needs proposed rule are, therefore, to help opportunities through increased
facing communities in the twenty-first ensure that Consolidated Plan broadband access or mitigate the impact
century are the digital divide and jurisdictions consider broadband access of possible natural hazard risks and
climate change: and natural hazard resilience as part of climate change impacts. HUD leaves it
• In a recent analysis, the President’s their comprehensive assessment and to jurisdictions to consider any
Council of Economic Advisers (CEA) planning efforts, including the most appropriate methods to promote
noted that the benefits of broadband effective use of HUD grant funds. The broadband access or protect against the
Internet technology have not been CEA broadband analysis discussed adverse impacts of climate change,
evenly distributed.22 Research shows above noted that closing the digital taking into account the other needs of
that there remain substantial disparities divide can increase productivity and their communities, and available
in both Internet use and the quality of open ladders of opportunity. Likewise, funding, as identified through the
access. This ‘‘digital divide’’ is community investment in natural consolidated planning process.
concentrated among older, less hazard resilience may help to insure Accordingly, HUD believes that the
educated, and less affluent populations, security and quality of life against the benefits of enhancing the ability of State
as well as in rural parts of the country rising environmental tolls associated and local government to
that tend to have fewer choices and with climate change.27 comprehensively plan for housing and
slower connections.23 B. Costs community development needs
• As President Obama has noted, outweigh the minimal costs that may be
climate change is happening now; it is HUD does not anticipate that the costs associated with the revised
not a distant threat. Its effects are of the revised consultation and Consolidated Plan requirements. The
already being felt in communities across reporting requirements will be docket file is available for public
the Nation. In some regions, droughts, substantial since the regulatory changes inspection in the Regulations Division,
wildfires, and floods are becoming more proposed by this proposed rule merely Office of General Counsel, Department
frequent and/or intense.24 Average build upon similar existing of Housing and Urban Development,
requirements for other elements covered 451 7th Street SW., Room 10276,
temperatures across the United States
by the consolidated planning process Washington, DC 20410–0500. Due to
have increased between 1.3 and 1.9
rather than mandating completely new security measures at the HUD
degrees Fahrenheit since recordkeeping
procedures. The economic costs of Headquarters building, please schedule
began in 1895.25 Heat waves,
completing the Consolidated Plan are an appointment to review the docket file
hurricanes, and severe storms have all
not significant. A complete by calling the Regulation Division at
20 60 FR 1878 (January 5, 1994). Consolidated Plan that contains both a 202–402–3055 (this is not a toll-free
21 See footnote 15. Strategic Plan and Annual Action Plan number). Individuals with speech or
22 The Digital Divide and Economic Benefits of is submitted once every 3 to 5 years. An hearing impairments may access this
Broadband Access, Council of Economic Advisers Annual Action Plan is submitted once a number via TTY by calling the Federal
(CEA) Issue Brief (March 2016) available online at: year. HUD data indicate that the cost of
https://www.whitehouse.gov/sites/default/files/ Relay Service at 800–877–8339.
page/files/20160308_broadband_cea_issue_ preparing the Strategic Plan for a
brief.pdf. locality is $5,236, and for a State is Paperwork Reduction Act
ehiers on DSK5VPTVN1PROD with PROPOSALS
23 Thom File and Camille Ryan, Computer and $14,382. The cost of preparing the The information collection
Internet Use in the United States: 2013 (U.S. Census Annual Action Plan is $1,904 for a
Bureau, November 2014) available online at: http:// requirements contained in this rule have
www.census.gov/content/dam/Census/library/
locality and $6,392 for each State. While been submitted to the Office of
publications/2014/acs/acs-28.pdf. these are not trivial amounts, they are
24 https://www.whitehouse.gov/energy/climate- 28 Eugene Boyd, Community Development Block
change. 26 http://nca2014.globalchange.gov/.
Grants: Recent Funding History (Congressional
25 http://nca2014.globalchange.gov/highlights/ 27 See http://www.nist.gov/el/helping-to-build-a- Research Service, February 6, 2014), available
overview/climate-trends. nation-of-resilient-communities.cfm. online at: https://www.hsdl.org/?view&did=750383.
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![Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Proposed Rules 31201
concentrations must be identified, either ■ 9. Revise § 91.310(a) to read as DEPARTMENT OF HOUSING AND
in a narrative or on one or more maps. follows: URBAN DEVELOPMENT
(4) The jurisdiction must also describe
the broadband needs of housing § 91.310 Housing market analysis. 24 CFR Parts 1000, 1003, 1005, 1006,
occupied by low- and moderate-income (a) General characteristics. (1) Based and 1007
households based on an analysis of data on data available to the State, the plan [Docket No. FR 5861–N–02]
for its low- and moderate-income must describe the significant
neighborhoods in the National RIN 2577–AC96
characteristics of the State’s housing
Broadband Map. Jurisdictions may also
use broadband availability data in the markets (including such aspects as the Equal Access to Housing in HUD’s
FCC Form 477 or other data identified supply, demand, and condition and cost Native American and Native Hawaiian
by the jurisdiction, for which the source of housing). Programs—Regardless of Sexual
is cited in the jurisdiction’s (2) The State must describe the Orientation or Gender Identity;
Consolidated Plan. These needs include broadband needs of housing in the State Correction
the need for broadband wiring and for based on an analysis of data in the AGENCY: Office of the Assistant
connection to the broadband service in National Broadband Map. States may Secretary for Public and Indian
the household units, the need for also use broadband availability data in Housing, HUD.
increased competition by having more the FCC Form 477 or other data ACTION: Proposed rule; correction.
than one broadband Internet service identified by the jurisdiction, for which
provider serve the jurisdiction. the source is cited in the jurisdiction’s SUMMARY: On May 9, 2016, HUD
(5) The jurisdiction must also describe Consolidated Plan. These needs include published a proposed rule that would
the vulnerability of housing occupied by the need for broadband wiring and for revise regulations for HUD’s Native
low- and moderate-income households American and Native Hawaiian
connection to the broadband service in
to increased natural hazard risks programs to incorporate existing rules
the household units, the need for
associated with climate change based on that require HUD programs to be open
an analysis of data, findings, and increased competition by having more
than one broadband Internet service to all eligible individuals and families
methods in: regardless of sexual orientation, gender
(i) The National Climate Assessment, provider serve the jurisdiction.
identity, or marital status. After
the Climate Resilience Toolkit, the (3) The State must also describe the publication, HUD discovered an
Impact of Climate Change and vulnerability of housing occupied by inadvertent mistake in the preamble to
Population Growth on the National low- and moderate-income households the document. The preamble contained
Flood Insurance Program, or the NIST to increased natural hazard risks due to incomplete information in the FOR
Community Resilience Planning Guide climate change based on an analysis of FURTHER INFORMATION CONTACT section.
for Buildings and Infrastructure data, findings, and methods in: This document revises the FOR FURTHER
Systems; INFORMATION CONTACT section of the
(ii) Other climate risk-related data (i) The National Climate Assessment,
the Climate Resilience Toolkit, the preamble.
published by the Federal government or
other State or local government climate Impact of Climate Change and DATES: This document corrects the
risk-related data, including hazard Population Growth on the National proposed rule published on May 9, 2016
mitigation plans approved by the Flood Insurance Program, or the NIST (81 FR 28037). The comment due date
Federal Emergency Management Agency Community Resilience Planning Guide for that proposed rule remains
that incorporate climate change; or for Buildings and Infrastructure unchanged as July 8, 2016.
(iii) Other climate risk data identified Systems; FOR FURTHER INFORMATION CONTACT:
by the jurisdiction, for which the source (ii) Other climate risk-related data With respect to this supplementary
is cited in the jurisdiction’s published by the Federal government or document, contact Camille E. Acevedo,
Consolidated Plan. Associate General Counsel for
other State or local government climate
* * * * * Legislation and Regulations, Department
risk-related data, including hazard
■ 8. In § 91.300, remove the word ‘‘and’’ of Housing and Urban Development,
mitigation plans approved by the 451 7th Street SW., Room 10238,
following the semicolon at the end of Federal Emergency Management Agency
paragraph (b)(3)(iii), redesignate Washington, DC 20410; telephone
that incorporate climate change; or number 202–708–1793 (this is not a toll-
paragraph (b)(3)(iv) as paragraph
(b)(3)(vi), and add new paragraph (iii) Other climate risk data identified free number). Persons with hearing or
(b)(3)(iv) and paragraph (b)(3)(v) to read by the jurisdiction, for which the source speech impairments may access this
as follows: is cited in the jurisdiction’s number through TTY by calling the toll-
Consolidated Plan. free Federal Relay Service at 800–877–
§ 91.300 General. 8339.
* * * * *
* * * * *
(b) * * * Dated: April 15, 2016. Correction
(3) * * * Harriet Tregoning, In proposed rule FR Doc. 2016–10753,
(iv) Public and private organizations, Principal Deputy Assistant Secretary for beginning on page 28037 in the issue of
including broadband Internet service Community Planning and Development. May 9, 2016, make the following
providers and organizations engaged in
ehiers on DSK5VPTVN1PROD with PROPOSALS
[FR Doc. 2016–11350 Filed 5–17–16; 8:45 am] correction in the FOR FURTHER
narrowing the digital divide; INFORMATION CONTACT section. On page
(v) Agencies whose primary BILLING CODE 4210–67–P
28037 in the 3rd column, revise the
responsibilities include the management information in the FOR FURTHER
of floodprone areas, public land or INFORMATION CONTACT section to read as
water resources, and emergency follows:
management agencies; and ‘‘Randy Akers, Acting Deputy
* * * * * Assistant Secretary, Office of Native
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Document Created: 2016-05-18 00:06:03
Document Modified: 2016-05-18 00:06:03
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Contact | Lora Routt, Senior Advisor, Office of Community Planning and Development, Department of Housing and Urban Development, Office of Community Planning and Development, 451 7th Street SW., Suite 7204, Washington, DC 20410 at 202-402-4492, (this is not a toll-free number). Individuals with speech or hearing impairments may access this number via TTY by calling the Federal Relay Service, toll-free, at 800-877-8339. | |
| FR Citation | 81 FR 31192 | |
| RIN Number | 2506-AC41 | |
| CFR Associated | Aged; Grant Programs-Housing and Community Development; Homeless; Individuals with Disabilities; Low- and Moderate-Income Housing and Reporting and Recordkeeping Requirements |
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