81_FR_68638 81 FR 68446 - 60-Day Notice of Proposed Information Collection: Energy Benchmarking

81 FR 68446 - 60-Day Notice of Proposed Information Collection: Energy Benchmarking

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 192 (October 4, 2016)

Page Range68446-68450
FR Document2016-23979

HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.

Federal Register, Volume 81 Issue 192 (Tuesday, October 4, 2016)
[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Notices]
[Pages 68446-68450]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23979]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5913-N-27]


60-Day Notice of Proposed Information Collection: Energy 
Benchmarking

AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner, HUD.

ACTION: Notice.

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SUMMARY: HUD is seeking approval from the Office of Management and 
Budget (OMB) for the information collection described below. In 
accordance with the Paperwork Reduction Act, HUD is requesting comment 
from all interested parties on the proposed collection of information. 
The purpose of this notice is to allow for 60 days of public comment.

DATES: Comment Due Date: December 5, 2016.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal. Comments should refer to the proposal by name and should 
be sent to: Colette Pollard, Reports Management Officer, QDAM, 
Department of Housing and Urban Development, 451 7th Street SW., Room 
4176, Washington, DC 20410-5000; telephone 202-402-3400 (this is not a 
toll-free number) or email at [email protected] for a copy of the 
proposed forms or other available information. Persons with hearing or 
speech impairments may access this number through TTY by calling the 
toll-free Federal Relay Service at (800) 877- 8339.
    Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
www.regulations.gov. HUD strongly encourages commenters to submit 
comments electronically. Electronic submission of comments allows the 
commenter maximum time to prepare and submit a comment, ensures timely 
receipt by HUD, and enables HUD to make them immediately available to 
the public. Comments submitted electronically through the 
www.regulations.gov Web site can be viewed by other commenters and 
interested members of the public. Commenters should follow the 
instructions provided on that site to submit comments electronically.

    Note: To receive consideration as public comments, comments must 
be submitted through one of the two methods specified above. Again, 
all submissions must refer to the docket number and title of the 
notice.

    No Facsimile Comments. Facsimile (fax) comments are not acceptable.

FOR FURTHER INFORMATION CONTACT: Stan Houle, Office of Multifamily 
Housing Programs, Department of Housing and Urban Development, 451 7th 
Street SW., Room 6182, Washington, DC 20410, telephone 202-708-2572. 
(This is not a toll-free number.) Persons with hearing or speech 
impairments may access these numbers through TTY by calling the toll-
free Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background

The President's Climate Action Plan

    The President's Climate Action Plan calls on Federal agencies to 
rapidly increase investments in energy productivity, eliminate energy 
waste, ramp up efficiency standards, and deploy the tools and 
technology needed to build a new energy economy. The residential 
building sector is responsible for fully 21 percent of the nation's 
greenhouse gas emissions. Utility costs (energy and water) account for 
around 22 percent of public housing operating budgets and a similar 
share in the assisted housing sector. HUD spends an estimated $6.4 
billion annually to cover the costs of utilities in its public and 
assisted housing programs.\1\
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    \1\ See https://portal.hud.gov/hudportal/documents/huddoc?id=afrfy13_egyeff.pdf.
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    HUD is committed to creating energy-efficient, water-efficient, and 
healthy housing as part of a broader effort to foster the development 
of inclusive, sustainable, and resilient communities. Investments in 
energy-efficiency and water-efficiency pay dividends by improving 
occupant comfort, stabilizing operating costs, alleviating taxpayer 
burden, preserving affordable housing, ensuring disaster resilience, 
and mitigating climate change. As such, the Office of Multifamily 
Housing Programs in HUD's Office of Housing has taken several steps to 
encourage greater energy and water efficiency in multifamily housing, 
including:
     Updating and standardizing the utility allowance 
methodology for assisted properties that must submit annual 
documentation of utility allowances (estimated 70 percent of 
portfolio); \2\ (See Section ``Other PRA Collections that Impact this 
Submission'' for more information on how other previously approved PRA 
collections relate to Energy Benchmarking).
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    \2\ See http://portal.hud.gov/hudportal/documents/huddoc?id=15-04hsgn.pdf.
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     Offering incentives to multifamily owners and management 
agents who have joined the Better Buildings Challenge, set a goal of 
reducing energy and/or water use by 20 percent within 10 years, and 
established themselves as leaders in the field with respect to energy 
and/or water efficiency; \3\
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    \3\ See https://www4.eere.energy.gov/challenge/home.
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     Providing access to capital to make energy improvements by 
implementing changes to the Federal Housing Administration's (FHA) 
underwriting standards in the Multifamily Accelerated Processing Guide 
(MAP Guide) to allow greater loan proceeds

[[Page 68447]]

from standard offerings, supporting products such as the Fannie Mae 
Green Preservation Plus loan, and affirming how owners may use reserve 
for replacement funds to make energy and/or water improvements; \4\ 
(See Section ``Other PRA Collections that Impact this Submission'' for 
more information on how other previously approved PRA collections 
relate to Energy Benchmarking.)
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    \4\ See http://www.fanniemae.com/portal/about-us/media/corporate-news/2014/6117.html.
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     Lowering annual multifamily mortgage insurance premiums 
for energy-efficient properties (those committed to achieving an 
industry-recognized green building standard and to maintaining energy 
performance in the top 25 percent of multifamily buildings nationwide);
     Developing and implementing a standardized Capital Needs 
Assessment suite of online tools (CNA e-Tool) available (later in 2016) 
for free to assist borrowers with submitting standard information to 
HUD, the U.S. Department of Agriculture, and others; \5\
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    \5\ See Form HUD-9001a-ORCF at http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/forms/hud9.
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     Developing a ``pay for success'' demonstration program 
under which the Department will execute budget-neutral, performance-
based agreements that result in a reduction in energy or water costs. 
Recent legislation authorized HUD to implement this pilot in up to 
20,000 units of multifamily buildings participating in the Sec. 8 
Project-Based Rental Assistance, Sec. 202 and Sec. 811 programs; and
     Publishing guidance on utilizing Property Assessed Clean 
Energy (PACE) financing with HUD-assisted and FHA-insured properties.

Accounting for Energy and Water Usage

    While HUD has a vested interest in eliminating energy and water 
waste in the assisted housing stock and stabilizing operating costs in 
both the insured and assisted housing stocks, to ensure that taxpayer 
investments in multifamily housing are viable for the long-term, the 
Office of Multifamily Housing Programs is currently unable to 
effectively analyze the portfolio-wide energy and water use patterns, 
improvement potential, and investment needs of properties in the 
assisted and insured portfolios. Though the Department currently 
collects utility cost data through its utility allowance and annual 
project financial statement requirements, the collection of information 
on utility consumption associated with those costs has been limited to 
small subsets of the portfolio, such as properties participating in the 
Department of Energy's Better Buildings Challenge.
    In 2003 and 2008, the Harvard Graduate School of Design \6\ and the 
Government Accountability Office,\7\ respectively, strongly recommended 
that HUD require the practice of utility benchmarking across its 
housing portfolios. Utility benchmarking involves tracking the utility 
consumption of a development on an on-going basis, calculating the 
energy and water efficiency of the development, and comparing its 
efficiency to similar developments. It is a valuable tool in the 
strategic management of building portfolios. As such, a growing number 
of municipal and state governments across the country are instituting 
utility benchmarking requirements across the country so that government 
policymakers, funding providers, and building owners alike can make 
data-driven decisions.
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    \6\ See http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_9238.pdf.
    \7\ See http://www.gao.gov/products/GAO-09-46.
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    Though obstacles remain, utility benchmarking is rapidly becoming 
quicker, easier, more automated, and more integrated as it becomes an 
industry-standard best practice. In September 2014, the U.S. 
Environmental Protection Agency (EPA) developed a new feature for its 
free, web-based tool called ENERGY STAR Portfolio Manager, which allows 
users to calculate an energy-efficiency rating or ``benchmarking 
score'' for most multifamily developments. Benchmarking scores 
developed through ENERGY STAR Portfolio Manager are officially known as 
ENERGY STAR Scores. These scores are available for multifamily housing 
properties of 21 units or more. A score of 50 indicates energy 
performance consistent with the national median, while 100 represents a 
top performer, and a score of at least 75 may make buildings eligible 
for ENERGY STAR certification.\8\ The EPA will release a similar 
benchmark score for water usage in approximately a year. With these 
advancements, building owners across the country now have access to a 
free tool for utility benchmarking that can be used without the need to 
hire a building professional.
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    \8\ See http://www.energystar.gov/buildings/facility-owners-and-managers/existing-buildings/use-portfolio-manager. See also former 
HUD Secretary Shaun Donovan's July 17, 2014, letter to Property 
Owners and Operators participating in HUD programs encouraging the 
use of EPA's ENERGY STAR Portfolio Manager at http://portal.hud.gov/hudportal/documents/huddoc?id=SOHUDSignedLetterPHAsMFH.pdf.
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A Deeper Look at Utility Benchmarking

    Utility benchmarking helps building owners to understand their 
buildings' energy and water performance, allowing them to detect 
malfunctioning equipment and billing errors, prioritize operational and 
capital improvements, verify the return on those investments, and plan 
future budget needs. Indeed, the practice of utility benchmarking can 
lead to significant improvements in building performance. Based on 
analysis of more than 35,000 buildings covered by newly established 
local energy benchmarking laws, EPA found an average energy use 
reduction of seven percent between 2008 and 2011.\9\
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    \9\ See http://www.energystar.gov/sites/default/files/buildings/tools/DataTrends_Savings_20121002.pdf.
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    In addition to potential benefits to building owners, the sharing 
of utility benchmarking data allows government policymakers and funding 
providers (in this case, HUD acts as both) to account for utility 
expenditures, plan future budget needs, develop efficiency incentive 
programs, offer targeted technical assistance, and verify the return on 
these investments. For over 30 years, HUD has been promoting energy- 
and water-efficiency work in the public and assisted housing stocks 
through financial incentives, technical assistance, and pledge 
programs. However, portfolio-wide utility benchmarking and data sharing 
will significantly enhance HUD's ability to use robust information to 
direct those financial incentives, technical assistance, and pledge 
programs to the areas of greatest need, opportunity, and success.
    Utility consumption and cost tracking by a building owner is the 
first step of utility benchmarking, and multiple approaches to this are 
available. The most direct method is to request whole-building utility 
data directly from the utility provider(s), covering the sum of owner-
paid and tenant-paid accounts. When that is not possible, building 
owners may collect utility data for owner-paid accounts simply by 
compiling the information from their electronic or paper utility bills 
into a spreadsheet or web-based tool like ENERGY STAR Portfolio 
Manager. Some utility providers offer easy downloads of this 
information directly from their Web sites. Building owners may then 
collect utility data for tenant-paid accounts either by requesting the 
information directly from tenants in accordance with existing lease

[[Page 68448]]

provisions, or, in some cases, by submitting individual tenant-data 
release forms to the utility provider. Once received, this utility data 
should be added to the spreadsheet or web-based tool to offer a 
complete picture of the whole-building utility consumption and cost. If 
using ENERGY STAR Portfolio Manager (OMB 2060-0347), as is required by 
this information collection request, the software will then 
automatically calculate a variety of useful metrics, such as the Site 
and Source Energy Use Intensity (EUI), Site Water Use Intensity (WUI), 
ENERGY STAR Score for Energy, and ENERGY STAR Score for Water. With 
this information, building owners are empowered to make more strategic 
decisions.
    Cities across the country have enacted utility benchmarking and 
data sharing ordinances that ask commercial and multifamily building 
owners to track and disclose energy and/or water usage. Each program 
has unique building size requirements and different disclosure 
procedures.
    At this time and with this notice, HUD is proposing limited 
requirements for utility benchmarking and data sharing, in order to 
balance the need to institute contemporary best practices and 
strategically manage the housing portfolio with the burden presented to 
building owners of adopting a new reporting requirement. Whereas an 
increasing number of state and local laws require utility benchmarking 
on an annual basis, HUD is proposing ``spot-check'' utility 
benchmarking on a less frequent basis. And whereas state and local 
benchmarking laws generally require utility benchmarking based on 
whole-building data, HUD intends to accept metrics developed with 
sampled tenant-paid utility data when whole building data are not 
available. Together, this will allow building owners to begin 
practicing utility benchmarking while the market continues to build 
support for more integration and automation of this best practice.
    Over time, the Department will use the scores, along with EUI and 
WUI metrics, to see if energy and water efficiency is increasing, 
decreasing, or staying the same in the multifamily portfolio. The 
Office of Multifamily Housing Programs will use the information to 
assess energy and/or water efficiency needs and opportunities in the 
portfolio. Benchmarking data may also be used to inform the development 
of new policy initiatives, financial incentives, technical assistance, 
and pledge programs. Energy benchmarking will become more valuable over 
time as multiple years of energy consumption data are available.

II. Proposed Information Collection

    To build a foundation of awareness and data concerning the current 
building performance of the multifamily building stock, as well as to 
inform and spur energy- and water-efficiency investments in multifamily 
housing, HUD proposes, through this notice, to require owners of 
covered property types to provide HUD's Office of Multifamily Housing 
Programs with the following utility consumption metrics for each 
property when completing several types of property transactions: Site 
and Source Energy Use Intensities (EUI), Site Water Use Intensity 
(WUI), and the ENERGY STAR Score for Energy, and--when available from 
EPA--the Energy Star Score for Water. The Portfolio Manager software--
which must be used to meet HUD benchmarking requirements--calculates 
and reports these metrics in a standardized report format. This report 
may also include property identifiers (such as address and HUD contract 
number), building characteristics and other summary-level data 
underlying the benchmarking score calculations. The ENERGY STAR Score 
for Water is currently pending release by EPA, and so it will not be 
required until it is available. HUD will provide at least 90 days 
advance notice before a requirement to submit water efficiency data 
goes into effect.
    Site EUI represents a property's energy use per square foot of 
gross floor area, expressed in thousand British thermal units per 
square foot (kBTU/ft \2\), a standardized measure of thermal power 
consumption regardless of fuel source. Source EUI includes an 
adjustment to reflect how the energy was produced and transmitted, and 
this metric is calculated by ENERGY STAR Portfolio Manager and used as 
the basis for the ENERGY SSTAR Score for Energy. Site WUI represents a 
property's water use per square foot of gross floor area, expressed in 
gallons per square foot (gal/ft \2\). The Energy Star Score for Energy 
and Water each serve as a ranking of a property's Source EUI and Site 
WUI, respectively, compared to similar properties.
    There are a few exceptions to the stated information collection 
requirements. Only properties that have been in existence for at least 
12 months and that include 21 housing units or more are eligible to 
receive an Energy Star Score for Energy or Water, and so these two 
metrics will not be required for ineligible properties. Properties with 
less than 21 units are encouraged to submit EUI and WUI data, but will 
not be required to submit this analysis to HUD.
    Additionally, for the purposes of this basic information collection 
effort, the Office of Multifamily Housing Programs will accept metrics 
calculated using either whole building data or a combination of whole 
owner-paid utility data and sampled tenant-paid utility data. It is 
important to understand, however, that metrics calculated with less 
than whole building data are not accepted by EPA for the purposes of 
Energy Star certification. If choosing to use sampled tenant-paid 
utility data, owners must meet or exceed the standards outlined in this 
document.
    Finally, for the Department's purposes, the required metrics will 
be considered valid for three years beyond the 12-month period upon 
which they are based. For example, an ENERGY STAR Score based on 2015 
calendar-year utility data and generated in 2016 will be accepted by 
HUD for any required reporting under this notice in 2016, 2017, and 
2018. An ENERGY STAR Score based on 2013 calendar-year data and 
generated in 2016 will be accepted by HUD for any required reporting 
under this notice in 2016, but not in 2017. At this point, the owner 
would need to provide more recent data. The frequency is intended to 
align benchmarking with information collection efforts undertaken by 
HUD-assisted properties in preparing their utility allowance.
    Covered property types include:
     Section 202 Project Rental Assistance Contracts 
(PRAC),\10\
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    \10\ Under HUD's regulations for the Section 202 and Section 811 
programs at 24 CFR 891.400(d)(2) Owners are required to submit 
``statements regarding project operation, financial conditions and 
occupancy as HUD may require to administer the PRAC and to monitor 
project operations
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     Section 811 PRAC and Project Rental Assistance (PRA) 
contracts,\11\
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    \11\ Id.
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     Section 202/162 Project Assistance Contracts (PAC),\12\
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    \12\ Under HUD regulations for the Section 202 PAC program at 24 
CFR 891.740(d), HUD may require owners to submit other statements 
regarding project operations, financial conditions, and occupancy, 
as HUD may require to administer the contracts and monitor project 
operations.
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     Section 202 Senior Preservation Rental Assistance 
Contracts (SPRAC),\13\
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    \13\ In the SPRAC contract between HUD and the owner, Section 
2.11 Financial Requirements subsection (a)(ii) provides that the 
owner must submit to the contract administrator other statements as 
to project operations, financial conditions, and occupancy as HUD 
may require pertinent to the administration of the SPRAC and 
monitoring of project operations.

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[[Page 68449]]

     Section 8 Housing Assistance Payment (HAP) contracts,\14\
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    \14\ Under HUD's Section 8 Project-Based Rental Assistance 
(PBRA) program, owners must submit an analysis of the project's 
utility allowances in connection with annual rent adjustments and 
``. . . provide to HUD on an annual basis, such financial 
information as required by HUD . . .''. See HUD regulations at 24 
CFR 880.610, (applied to parts 881 and 883 by cross-reference), 24 
CFR 884.220, 24 CFR 886.126, 24 CFR 891.645, and 24 CFR part 5 
Subpart H.
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     Multifamily Housing properties insured under Sections 
223(a)(7), 223(f), 221(d)(3), 221(d)(4), 220, 231, 236, and 
241(a)).\15\
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    \15\ Under HUD's regulations at 24 CFR 200.78, insured 
properties ``shall provide cost effective energy conservation in 
accordance with requirements established by'' HUD.
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    HUD will evaluate properties insured under the FHA Risk Share 
programs--Section 542(b): Fannie Mae, Freddie Mac, and Small Building 
Risk Share, and Section 542(c): Housing Finance Agencies--to determine 
feasibility and timeframes for applying energy benchmarking 
requirements to those properties in the future.
    Owners of covered properties are encouraged to voluntarily submit 
water and energy benchmarking data to HUD on an annual basis. HUD will 
require that owners submit benchmarking information on the following 
schedule, subject to revision:
     For HUD-assisted properties with a utility allowance, at 
the time of a triennial utility allowance baseline calculation;
     For HUD-assisted properties where there is no utility 
allowance, every third year at the time of financial statement 
submission;
     Prior to issuance of new FHA mortgage insurance under 
Sections 223(a)(7), 223(f), and 241(a));
     With a Capital Needs Assessment submission required by the 
Office of Asset Management and Portfolio Oversight in HUD's Office of 
Multifamily Housing Programs on a 10-year cycle;
     With a Capital Needs Assessment submission required as 
part of any enforcement action.

HUD is seeking feedback on the required submission points and will 
finalize the schedule with the issuance of an Office of Housing Notice. 
Note that these submission requirements are a minimum schedule and do 
not supersede more frequent reporting required for properties 
participating in certain other Multifamily Housing programs, such as 
the Better Buildings Challenge, FHA green buildings financing, or 
Multifamily PACE.

Required Format

    As noted above, owners seeking a covered property transaction will 
be required to enter data into ENERGY STAR Portfolio Manager and 
electronically submit to HUD the referenced metrics created by the free 
web tool. ENERGY STAR Portfolio Manager has the ability to 
automatically generate reports from user data and offers a variety of 
standard formats. Prior to the requirements' effective date, HUD will 
specify a machine-readable report format in Portfolio Manager that HUD 
owners must use in preparing their benchmarking submissions. The format 
of the report may be modified over time but content will remain 
consistent with the scope of this Notice.

Requirements for Underlying Utility Data

    Use of whole building data, including owner-paid utilities, plus 
all tenant paid utilities (even if aggregated), is highly preferable 
when completing utility benchmarking analysis, as it will give the most 
accurate snapshot of a building's performance. However, to calculate 
the referenced metrics in Portfolio Manager, some owners may need to or 
choose to use a combination of whole owner-paid utility data and a 
sample of tenant-paid utility data as an alternative to using all of 
the above. Please be reminded that metrics calculated with less than 
whole building data are not accepted by EPA for the purposes of ENERGY 
STAR certification. If choosing to use sampled tenant-paid utility 
data, owners must meet or exceed the minimum sampling standards 
associated with existing Office of Multifamily Housing Programs' 
utility data reporting requirements (see table of related PRA 
collections below). Accepting the sampling already in use by 
anticipated respondents will significantly minimize the additional 
administrative burden benchmarking requirements impose on those 
respondents.
    When completed in conjunction with a HUD utility allowance baseline 
analysis, the benchmarking analysis should generally include (or 
exceed) the number of units sampled for the utility allowance (see 
Notice H 2015-14 \16\). In other instances, the Department will accept 
analysis using sampled tenant data that meets or exceeds the lighter 
sampling protocol adopted by the Better Buildings Challenge.\17\ HUD 
may establish a different standard for submittals associated with 
Capital Needs Assessments (CNA) or FHA green building financing 
programs. In all cases, owners are encouraged to collect as much 
utility data as possible and to sample from a variety of housing unit 
sizes and types within each development in order to improve the 
accuracy and usefulness of the resultant metrics. Owners must certify 
that the submitted Portfolio Manager data meets or exceeds the required 
minimum sample.
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    \16\ https://portal.hud.gov/hudportal/documents/huddoc?id=15-04hsgn.pdf.
    \17\ See Appendix C of the BBC Data Tracking Manual. 
www.hudexchange.info/programs/utility-benchmarking.
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    HUD will consider requests for additional time to submit 
benchmarking data from owners who experience unexpected delays in 
obtaining sufficient sample data from utility providers or encounter 
unforeseeable technical difficulties.

Other PRA Collections That Impact This Submission

    The Department has identified eight discrete tasks associated with 
the process for obtaining and submitting Portfolio Manager scores, 
which are listed in the matrix below. Based on a review of other 
Paperwork Reduction Act submissions, the Department believes that the 
PRA requirements for seven of those eight tasks are addressed in other 
submissions, also identified in the matrix below. Burden hours 
calculated for the proposed Information Collection reflect only the 
time associated with generating a report in Portfolio Manager and 
submission to HUD. While the Department recognizes that respondents may 
spend significant time on preparatory activities in order to submit the 
data requested under this collection, the burden hours for those tasks 
are already accounted for under other approved collections.

[[Page 68450]]



                                                          Relevant PRA Information Collections
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                                                                                                       Multifamily
                                                                                        TRACS            project            HUD's
                                                 Energy Star                         collection       applications       multifamily      Benchmarking
                                                 collection      eCNA collection      (utility       green building    housing utility  (new collection)
                                                                                      allowance          program          allowance
                                                                                     component)         component        submission
                                              (OMB-2060-0347)   (OMB-2502-0505)   (OMB-2502-0204)   (OMB-2502-0029)   (OMB 2502-0352)   ................
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                                                       Tasks Leading to Fulfillment of Requirement
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Tenants submit utility data to owners.......  ................                X                 X   ................                X   ................
Tenants provide release for owner to request  ................                X                 X   ................                X   ................
 data from utility..........................
Utilities compile and share data with owners                X               (*)               (*)   ................              (*)   ................
Owners compile/prepare tenant-paid utility                  X               (*)               (*)   ................              (*)   ................
 data.......................................
Owners compile/prepare owner-paid utility                   X               (*)   ................                X   ................  ................
 data.......................................
Owners enter data into Portfolio Manager....                X               (*)               (*)               (*)   ................  ................
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                                                            Direct Requirement Being Proposed
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Owners generate Portfolio Manager Report and  ................  ................  ................  ................  ................                X
 submit to HUD..............................
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* In conjunction with FHA financing and Utility Allowance processes, a portion of owners are currently compiling utility consumption data and utilizing
  Portfolio Manager.

Effective Date

    The utility benchmarking requirement described in this notice will 
apply when executing any covered transaction beginning 90 days after 
OMB approval of the PRA request, and not sooner than April 15, 2017. 
The first scheduled submission date for a majority of assisted-housing 
respondents is estimated to occur in 2019. HUD will alert owners of the 
effective date for reporting requirements and provide procedural 
instructions for submitting data through an Office of Housing Notice, 
issued after OMB issues a Notice of Action approving this PRA 
collection.

III. Information Collection Burden and Solicitation of Comment

A. Overview of Information Collection

    Title of Information Collection: Multifamily Housing Energy 
Benchmarking.
    OMB Approval Number: New proposed collection.
    Type of Request: New proposed collection.
    Form Number: N/A.
    Description of the need for the information and proposed use: 
Please see Section II of this notice.
    Respondents: Multifamily owners, managing agents and tenants.
    Estimated Number of Respondents: 17,049.
    Average Hours per Response: .50.
    Total Estimated Burden Hours: 8,524.5.
    Burden hours take into account other existing information 
collections covering the assembly of utility information by impacted 
properties and the use of ENERGY STAR Portfolio Manager, these include: 
HUD's Multifamily Housing Utility Allowance submission (OMB 2502-0352), 
HUD's Tenant Eligibility and Rent Procedures (OMB 2502-0204), CNAe 
requirements (OMB 2502-0505), HUD's Multifamily Project Applications 
Green Building Program component (OMB-2502-0029)and ENERGY STAR 
Certification (OMB-2060-0347) by the Environmental Protection Agency.

B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and 
affected parties concerning the collection of information described in 
Section A on the following:
    (1) Whether the proposed collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (2) The accuracy of the agency's estimate of the burden of the 
proposed collection of information;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
those who are to respond; including through the use of appropriate 
automated collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses.
    HUD encourages interested parties to submit comment in response to 
these questions.

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

    Dated: September 28, 2016.
Janet M. Golrick,
Associate General Deputy Assistant Secretary for Housing--Associate 
Deputy Federal Housing Commissioner.
[FR Doc. 2016-23979 Filed 10-3-16; 8:45 am]
 BILLING CODE 4210-67-P



                                                  68446                        Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices

                                                  Overview of This Information                            (OMB) for the information collection                  I. Background
                                                  Collection                                              described below. In accordance with the
                                                                                                                                                                The President’s Climate Action Plan
                                                    (1) Type of Information Collection:                   Paperwork Reduction Act, HUD is
                                                                                                          requesting comment from all interested                   The President’s Climate Action Plan
                                                  Revision of a Currently Approved                                                                              calls on Federal agencies to rapidly
                                                  Collection.                                             parties on the proposed collection of
                                                                                                          information. The purpose of this notice               increase investments in energy
                                                    (2) Title of the Form/Collection:
                                                                                                          is to allow for 60 days of public                     productivity, eliminate energy waste,
                                                  Petition by Entrepreneur to Remove
                                                                                                          comment.                                              ramp up efficiency standards, and
                                                  Conditions on Permanent Resident                                                                              deploy the tools and technology needed
                                                  Status.                                                 DATES:    Comment Due Date: December 5,               to build a new energy economy. The
                                                    (3) Agency form number, if any, and                   2016.                                                 residential building sector is responsible
                                                  the applicable component of the DHS                     ADDRESSES:   Interested persons are                   for fully 21 percent of the nation’s
                                                  sponsoring the collection: I–829; USCIS.                invited to submit comments regarding                  greenhouse gas emissions. Utility costs
                                                    (4) Affected public who will be asked                 this proposal. Comments should refer to               (energy and water) account for around
                                                  or required to respond, as well as a brief              the proposal by name and should be                    22 percent of public housing operating
                                                  abstract: Primary: Individuals or                       sent to: Colette Pollard, Reports                     budgets and a similar share in the
                                                  households. Alien entrepreneurs                         Management Officer, QDAM,                             assisted housing sector. HUD spends an
                                                  admitted to the United States under                     Department of Housing and Urban                       estimated $6.4 billion annually to cover
                                                  section 203(b)(5) of the Immigration and                Development, 451 7th Street SW., Room                 the costs of utilities in its public and
                                                  Nationality Act (INA) are required to                   4176, Washington, DC 20410–5000;                      assisted housing programs.1
                                                  petition for removal of the conditional                 telephone 202–402–3400 (this is not a                    HUD is committed to creating energy-
                                                  residence status imposed on them and                    toll-free number) or email at                         efficient, water-efficient, and healthy
                                                  their accompanying spouse and                           Colette.Pollard@hud.gov for a copy of                 housing as part of a broader effort to
                                                  children, within a 90-day period before                 the proposed forms or other available                 foster the development of inclusive,
                                                  the second anniversary of their                         information. Persons with hearing or                  sustainable, and resilient communities.
                                                  conditional residence under section                     speech impairments may access this                    Investments in energy-efficiency and
                                                  216A of the INA.                                        number through TTY by calling the toll-               water-efficiency pay dividends by
                                                    (5) An estimate of the total number of                free Federal Relay Service at (800) 877–              improving occupant comfort, stabilizing
                                                  respondents and the amount of time                      8339.                                                 operating costs, alleviating taxpayer
                                                  estimated for an average respondent to                     Electronic Submission of Comments.                 burden, preserving affordable housing,
                                                  respond: The estimated total number of                  Interested persons may submit                         ensuring disaster resilience, and
                                                  respondents for the information                         comments electronically through the                   mitigating climate change. As such, the
                                                  collection I–829 is 3,829 and the                       Federal eRulemaking Portal at                         Office of Multifamily Housing Programs
                                                  estimated hour burden per response is                   www.regulations.gov. HUD strongly                     in HUD’s Office of Housing has taken
                                                  3 hours.                                                encourages commenters to submit                       several steps to encourage greater energy
                                                    (6) An estimate of the total public                   comments electronically. Electronic                   and water efficiency in multifamily
                                                  burden (in hours) associated with the                   submission of comments allows the                     housing, including:
                                                  collection: The total estimated annual                  commenter maximum time to prepare                        • Updating and standardizing the
                                                  hour burden associated with this                        and submit a comment, ensures timely                  utility allowance methodology for
                                                  collection is 15,967 hours.                             receipt by HUD, and enables HUD to                    assisted properties that must submit
                                                    (7) An estimate of the total public                                                                         annual documentation of utility
                                                                                                          make them immediately available to the
                                                  burden (in cost) associated with the                                                                          allowances (estimated 70 percent of
                                                                                                          public. Comments submitted
                                                  collection: The estimated total annual                                                                        portfolio); 2 (See Section ‘‘Other PRA
                                                                                                          electronically through the
                                                  cost burden associated with this                                                                              Collections that Impact this
                                                                                                          www.regulations.gov Web site can be
                                                  collection of information is 469,053.                                                                         Submission’’ for more information on
                                                                                                          viewed by other commenters and
                                                    Dated: September 27, 2016.                            interested members of the public.                     how other previously approved PRA
                                                  Samantha Deshommes,                                     Commenters should follow the                          collections relate to Energy
                                                  Chief, Regulatory Coordination Division,                instructions provided on that site to                 Benchmarking).
                                                  Office of Policy and Strategy, U.S. Citizenship         submit comments electronically.                          • Offering incentives to multifamily
                                                  and Immigration Services, Department of                                                                       owners and management agents who
                                                                                                            Note: To receive consideration as public            have joined the Better Buildings
                                                  Homeland Security.
                                                                                                          comments, comments must be submitted                  Challenge, set a goal of reducing energy
                                                  [FR Doc. 2016–23981 Filed 10–3–16; 8:45 am]             through one of the two methods specified
                                                  BILLING CODE 9111–97–P                                  above. Again, all submissions must refer to
                                                                                                                                                                and/or water use by 20 percent within
                                                                                                          the docket number and title of the notice.            10 years, and established themselves as
                                                                                                                                                                leaders in the field with respect to
                                                                                                             No Facsimile Comments. Facsimile                   energy and/or water efficiency; 3
                                                  DEPARTMENT OF HOUSING AND                               (fax) comments are not acceptable.                       • Providing access to capital to make
                                                  URBAN DEVELOPMENT
                                                                                                          FOR FURTHER INFORMATION CONTACT: Stan                 energy improvements by implementing
                                                  [Docket No. FR–5913–N–27]                               Houle, Office of Multifamily Housing                  changes to the Federal Housing
                                                                                                          Programs, Department of Housing and                   Administration’s (FHA) underwriting
                                                  60-Day Notice of Proposed Information                   Urban Development, 451 7th Street SW.,                standards in the Multifamily
                                                  Collection: Energy Benchmarking                         Room 6182, Washington, DC 20410,                      Accelerated Processing Guide (MAP
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                                                  AGENCY:  Office of the Assistant                        telephone 202–708–2572. (This is not a                Guide) to allow greater loan proceeds
                                                  Secretary for Housing—Federal Housing                   toll-free number.) Persons with hearing
                                                  Commissioner, HUD.                                      or speech impairments may access these                  1 See https://portal.hud.gov/hudportal/

                                                                                                          numbers through TTY by calling the                    documents/huddoc?id=afrfy13_egyeff.pdf.
                                                  ACTION: Notice.                                                                                                 2 See http://portal.hud.gov/hudportal/documents/
                                                                                                          toll-free Federal Relay Service at 800–
                                                                                                                                                                huddoc?id=15-04hsgn.pdf.
                                                  SUMMARY:   HUD is seeking approval from                 877–8339.                                               3 See https://www4.eere.energy.gov/challenge/

                                                  the Office of Management and Budget                     SUPPLEMENTARY INFORMATION:                            home.



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                                                                               Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices                                                    68447

                                                  from standard offerings, supporting                     such as properties participating in the               used without the need to hire a building
                                                  products such as the Fannie Mae Green                   Department of Energy’s Better Buildings               professional.
                                                  Preservation Plus loan, and affirming                   Challenge.
                                                                                                                                                                A Deeper Look at Utility Benchmarking
                                                  how owners may use reserve for                             In 2003 and 2008, the Harvard
                                                  replacement funds to make energy                                                                                 Utility benchmarking helps building
                                                                                                          Graduate School of Design 6 and the
                                                  and/or water improvements; 4 (See                                                                             owners to understand their buildings’
                                                                                                          Government Accountability Office,7
                                                  Section ‘‘Other PRA Collections that                                                                          energy and water performance, allowing
                                                                                                          respectively, strongly recommended                    them to detect malfunctioning
                                                  Impact this Submission’’ for more                       that HUD require the practice of utility
                                                  information on how other previously                                                                           equipment and billing errors, prioritize
                                                                                                          benchmarking across its housing                       operational and capital improvements,
                                                  approved PRA collections relate to
                                                                                                          portfolios. Utility benchmarking                      verify the return on those investments,
                                                  Energy Benchmarking.)
                                                     • Lowering annual multifamily                        involves tracking the utility                         and plan future budget needs. Indeed,
                                                  mortgage insurance premiums for                         consumption of a development on an                    the practice of utility benchmarking can
                                                  energy-efficient properties (those                      on-going basis, calculating the energy                lead to significant improvements in
                                                  committed to achieving an industry-                     and water efficiency of the                           building performance. Based on analysis
                                                  recognized green building standard and                  development, and comparing its                        of more than 35,000 buildings covered
                                                  to maintaining energy performance in                    efficiency to similar developments. It is             by newly established local energy
                                                  the top 25 percent of multifamily                       a valuable tool in the strategic                      benchmarking laws, EPA found an
                                                  buildings nationwide);                                  management of building portfolios. As                 average energy use reduction of seven
                                                     • Developing and implementing a                      such, a growing number of municipal                   percent between 2008 and 2011.9
                                                  standardized Capital Needs Assessment                   and state governments across the                         In addition to potential benefits to
                                                  suite of online tools (CNA e-Tool)                      country are instituting utility                       building owners, the sharing of utility
                                                  available (later in 2016) for free to assist            benchmarking requirements across the                  benchmarking data allows government
                                                  borrowers with submitting standard                      country so that government                            policymakers and funding providers (in
                                                  information to HUD, the U.S.                            policymakers, funding providers, and                  this case, HUD acts as both) to account
                                                  Department of Agriculture, and others; 5                building owners alike can make data-                  for utility expenditures, plan future
                                                     • Developing a ‘‘pay for success’’                   driven decisions.                                     budget needs, develop efficiency
                                                  demonstration program under which the                      Though obstacles remain, utility                   incentive programs, offer targeted
                                                  Department will execute budget-neutral,                 benchmarking is rapidly becoming                      technical assistance, and verify the
                                                  performance-based agreements that                       quicker, easier, more automated, and                  return on these investments. For over 30
                                                  result in a reduction in energy or water                more integrated as it becomes an                      years, HUD has been promoting energy-
                                                  costs. Recent legislation authorized                    industry-standard best practice. In                   and water-efficiency work in the public
                                                  HUD to implement this pilot in up to                                                                          and assisted housing stocks through
                                                                                                          September 2014, the U.S.
                                                  20,000 units of multifamily buildings                                                                         financial incentives, technical
                                                                                                          Environmental Protection Agency (EPA)
                                                  participating in the Sec. 8 Project-Based                                                                     assistance, and pledge programs.
                                                                                                          developed a new feature for its free,
                                                  Rental Assistance, Sec. 202 and Sec. 811                                                                      However, portfolio-wide utility
                                                                                                          web-based tool called ENERGY STAR
                                                  programs; and                                                                                                 benchmarking and data sharing will
                                                     • Publishing guidance on utilizing                   Portfolio Manager, which allows users
                                                                                                          to calculate an energy-efficiency rating              significantly enhance HUD’s ability to
                                                  Property Assessed Clean Energy (PACE)                                                                         use robust information to direct those
                                                  financing with HUD-assisted and FHA-                    or ‘‘benchmarking score’’ for most
                                                                                                          multifamily developments.                             financial incentives, technical
                                                  insured properties.                                                                                           assistance, and pledge programs to the
                                                                                                          Benchmarking scores developed
                                                  Accounting for Energy and Water Usage                   through ENERGY STAR Portfolio                         areas of greatest need, opportunity, and
                                                     While HUD has a vested interest in                   Manager are officially known as                       success.
                                                                                                          ENERGY STAR Scores. These scores are                     Utility consumption and cost tracking
                                                  eliminating energy and water waste in
                                                                                                          available for multifamily housing                     by a building owner is the first step of
                                                  the assisted housing stock and
                                                  stabilizing operating costs in both the                 properties of 21 units or more. A score               utility benchmarking, and multiple
                                                  insured and assisted housing stocks, to                 of 50 indicates energy performance                    approaches to this are available. The
                                                  ensure that taxpayer investments in                     consistent with the national median,                  most direct method is to request whole-
                                                  multifamily housing are viable for the                  while 100 represents a top performer,                 building utility data directly from the
                                                  long-term, the Office of Multifamily                    and a score of at least 75 may make                   utility provider(s), covering the sum of
                                                  Housing Programs is currently unable to                 buildings eligible for ENERGY STAR                    owner-paid and tenant-paid accounts.
                                                  effectively analyze the portfolio-wide                  certification.8 The EPA will release a                When that is not possible, building
                                                  energy and water use patterns,                                                                                owners may collect utility data for
                                                                                                          similar benchmark score for water usage
                                                  improvement potential, and investment                                                                         owner-paid accounts simply by
                                                                                                          in approximately a year. With these
                                                  needs of properties in the assisted and                                                                       compiling the information from their
                                                                                                          advancements, building owners across
                                                  insured portfolios. Though the                                                                                electronic or paper utility bills into a
                                                                                                          the country now have access to a free
                                                  Department currently collects utility                                                                         spreadsheet or web-based tool like
                                                                                                          tool for utility benchmarking that can be
                                                  cost data through its utility allowance                                                                       ENERGY STAR Portfolio Manager.
                                                  and annual project financial statement                    6 See http://portal.hud.gov/hudportal/documents/
                                                                                                                                                                Some utility providers offer easy
                                                  requirements, the collection of                         huddoc?id=DOC_9238.pdf.                               downloads of this information directly
                                                  information on utility consumption                        7 See http://www.gao.gov/products/GAO-09-46.        from their Web sites. Building owners
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                                                  associated with those costs has been                      8 See http://www.energystar.gov/buildings/          may then collect utility data for tenant-
                                                  limited to small subsets of the portfolio,              facility-owners-and-managers/existing-buildings/      paid accounts either by requesting the
                                                                                                          use-portfolio-manager. See also former HUD            information directly from tenants in
                                                                                                          Secretary Shaun Donovan’s July 17, 2014, letter to
                                                    4 See http://www.fanniemae.com/portal/about-us/
                                                                                                          Property Owners and Operators participating in        accordance with existing lease
                                                  media/corporate-news/2014/6117.html.                    HUD programs encouraging the use of EPA’s
                                                    5 See Form HUD–9001a–ORCF at http://                  ENERGY STAR Portfolio Manager at http://                 9 See http://www.energystar.gov/sites/default/

                                                  portal.hud.gov/hudportal/HUD?src=/program_              portal.hud.gov/hudportal/documents/                   files/buildings/tools/DataTrends_Savings_
                                                  offices/administration/hudclips/forms/hud9.             huddoc?id=SOHUDSignedLetterPHAsMFH.pdf.               20121002.pdf.



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                                                  68448                        Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices

                                                  provisions, or, in some cases, by                       become more valuable over time as                     less than 21 units are encouraged to
                                                  submitting individual tenant-data                       multiple years of energy consumption                  submit EUI and WUI data, but will not
                                                  release forms to the utility provider.                  data are available.                                   be required to submit this analysis to
                                                  Once received, this utility data should                                                                       HUD.
                                                                                                          II. Proposed Information Collection
                                                  be added to the spreadsheet or web-                                                                              Additionally, for the purposes of this
                                                  based tool to offer a complete picture of                  To build a foundation of awareness                 basic information collection effort, the
                                                  the whole-building utility consumption                  and data concerning the current                       Office of Multifamily Housing Programs
                                                  and cost. If using ENERGY STAR                          building performance of the multifamily               will accept metrics calculated using
                                                  Portfolio Manager (OMB 2060–0347), as                   building stock, as well as to inform and              either whole building data or a
                                                  is required by this information                         spur energy- and water-efficiency                     combination of whole owner-paid
                                                  collection request, the software will                   investments in multifamily housing,                   utility data and sampled tenant-paid
                                                  then automatically calculate a variety of               HUD proposes, through this notice, to                 utility data. It is important to
                                                  useful metrics, such as the Site and                    require owners of covered property                    understand, however, that metrics
                                                  Source Energy Use Intensity (EUI), Site                 types to provide HUD’s Office of                      calculated with less than whole
                                                  Water Use Intensity (WUI), ENERGY                       Multifamily Housing Programs with the                 building data are not accepted by EPA
                                                  STAR Score for Energy, and ENERGY                       following utility consumption metrics                 for the purposes of Energy Star
                                                  STAR Score for Water. With this                         for each property when completing                     certification. If choosing to use sampled
                                                  information, building owners are                        several types of property transactions:               tenant-paid utility data, owners must
                                                  empowered to make more strategic                        Site and Source Energy Use Intensities                meet or exceed the standards outlined
                                                  decisions.                                              (EUI), Site Water Use Intensity (WUI),                in this document.
                                                     Cities across the country have enacted               and the ENERGY STAR Score for                            Finally, for the Department’s
                                                  utility benchmarking and data sharing                   Energy, and—when available from                       purposes, the required metrics will be
                                                  ordinances that ask commercial and                      EPA—the Energy Star Score for Water.                  considered valid for three years beyond
                                                  multifamily building owners to track                    The Portfolio Manager software—which                  the 12-month period upon which they
                                                  and disclose energy and/or water usage.                 must be used to meet HUD                              are based. For example, an ENERGY
                                                  Each program has unique building size                   benchmarking requirements—calculates                  STAR Score based on 2015 calendar-
                                                  requirements and different disclosure                   and reports these metrics in a                        year utility data and generated in 2016
                                                  procedures.                                             standardized report format. This report               will be accepted by HUD for any
                                                     At this time and with this notice,                   may also include property identifiers                 required reporting under this notice in
                                                  HUD is proposing limited requirements                   (such as address and HUD contract
                                                                                                                                                                2016, 2017, and 2018. An ENERGY
                                                  for utility benchmarking and data                       number), building characteristics and
                                                                                                                                                                STAR Score based on 2013 calendar-
                                                  sharing, in order to balance the need to                other summary-level data underlying
                                                                                                                                                                year data and generated in 2016 will be
                                                  institute contemporary best practices                   the benchmarking score calculations.
                                                                                                                                                                accepted by HUD for any required
                                                  and strategically manage the housing                    The ENERGY STAR Score for Water is
                                                                                                                                                                reporting under this notice in 2016, but
                                                  portfolio with the burden presented to                  currently pending release by EPA, and
                                                                                                                                                                not in 2017. At this point, the owner
                                                  building owners of adopting a new                       so it will not be required until it is
                                                                                                                                                                would need to provide more recent data.
                                                  reporting requirement. Whereas an                       available. HUD will provide at least 90
                                                                                                                                                                The frequency is intended to align
                                                  increasing number of state and local                    days advance notice before a
                                                                                                                                                                benchmarking with information
                                                  laws require utility benchmarking on an                 requirement to submit water efficiency
                                                                                                          data goes into effect.                                collection efforts undertaken by HUD-
                                                  annual basis, HUD is proposing ‘‘spot-
                                                                                                             Site EUI represents a property’s                   assisted properties in preparing their
                                                  check’’ utility benchmarking on a less
                                                                                                          energy use per square foot of gross floor             utility allowance.
                                                  frequent basis. And whereas state and
                                                  local benchmarking laws generally                       area, expressed in thousand British                      Covered property types include:
                                                  require utility benchmarking based on                   thermal units per square foot (kBTU/                     • Section 202 Project Rental
                                                  whole-building data, HUD intends to                     ft 2), a standardized measure of thermal              Assistance Contracts (PRAC),10
                                                  accept metrics developed with sampled                   power consumption regardless of fuel                     • Section 811 PRAC and Project
                                                  tenant-paid utility data when whole                     source. Source EUI includes an                        Rental Assistance (PRA) contracts,11
                                                  building data are not available.                        adjustment to reflect how the energy                     • Section 202/162 Project Assistance
                                                  Together, this will allow building                      was produced and transmitted, and this                Contracts (PAC),12
                                                  owners to begin practicing utility                      metric is calculated by ENERGY STAR                      • Section 202 Senior Preservation
                                                  benchmarking while the market                           Portfolio Manager and used as the basis               Rental Assistance Contracts (SPRAC),13
                                                  continues to build support for more                     for the ENERGY SSTAR Score for                          10 Under HUD’s regulations for the Section 202
                                                  integration and automation of this best                 Energy. Site WUI represents a property’s              and Section 811 programs at 24 CFR 891.400(d)(2)
                                                  practice.                                               water use per square foot of gross floor              Owners are required to submit ‘‘statements
                                                     Over time, the Department will use                   area, expressed in gallons per square                 regarding project operation, financial conditions
                                                  the scores, along with EUI and WUI                      foot (gal/ft 2). The Energy Star Score for            and occupancy as HUD may require to administer
                                                  metrics, to see if energy and water                                                                           the PRAC and to monitor project operations
                                                                                                          Energy and Water each serve as a                        11 Id.
                                                  efficiency is increasing, decreasing, or                ranking of a property’s Source EUI and                  12 Under HUD regulations for the Section 202
                                                  staying the same in the multifamily                     Site WUI, respectively, compared to                   PAC program at 24 CFR 891.740(d), HUD may
                                                  portfolio. The Office of Multifamily                    similar properties.                                   require owners to submit other statements regarding
                                                  Housing Programs will use the                              There are a few exceptions to the                  project operations, financial conditions, and
                                                  information to assess energy and/or                     stated information collection                         occupancy, as HUD may require to administer the
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                                                                                                                                                                contracts and monitor project operations.
                                                  water efficiency needs and                              requirements. Only properties that have                 13 In the SPRAC contract between HUD and the
                                                  opportunities in the portfolio.                         been in existence for at least 12 months              owner, Section 2.11 Financial Requirements
                                                  Benchmarking data may also be used to                   and that include 21 housing units or                  subsection (a)(ii) provides that the owner must
                                                  inform the development of new policy                    more are eligible to receive an Energy                submit to the contract administrator other
                                                                                                                                                                statements as to project operations, financial
                                                  initiatives, financial incentives,                      Star Score for Energy or Water, and so                conditions, and occupancy as HUD may require
                                                  technical assistance, and pledge                        these two metrics will not be required                pertinent to the administration of the SPRAC and
                                                  programs. Energy benchmarking will                      for ineligible properties. Properties with            monitoring of project operations.



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                                                                               Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices                                                 68449

                                                     • Section 8 Housing Assistance                       supersede more frequent reporting                     analysis, the benchmarking analysis
                                                  Payment (HAP) contracts,14                              required for properties participating in              should generally include (or exceed) the
                                                     • Multifamily Housing properties                     certain other Multifamily Housing                     number of units sampled for the utility
                                                  insured under Sections 223(a)(7), 223(f),               programs, such as the Better Buildings                allowance (see Notice H 2015–14 16). In
                                                  221(d)(3), 221(d)(4), 220, 231, 236, and                Challenge, FHA green buildings                        other instances, the Department will
                                                  241(a)).15                                              financing, or Multifamily PACE.                       accept analysis using sampled tenant
                                                     HUD will evaluate properties insured                                                                       data that meets or exceeds the lighter
                                                                                                          Required Format
                                                  under the FHA Risk Share programs—                                                                            sampling protocol adopted by the Better
                                                  Section 542(b): Fannie Mae, Freddie                       As noted above, owners seeking a                    Buildings Challenge.17 HUD may
                                                  Mac, and Small Building Risk Share,                     covered property transaction will be                  establish a different standard for
                                                  and Section 542(c): Housing Finance                     required to enter data into ENERGY                    submittals associated with Capital
                                                  Agencies—to determine feasibility and                   STAR Portfolio Manager and                            Needs Assessments (CNA) or FHA green
                                                  timeframes for applying energy                          electronically submit to HUD the                      building financing programs. In all
                                                  benchmarking requirements to those                      referenced metrics created by the free                cases, owners are encouraged to collect
                                                  properties in the future.                               web tool. ENERGY STAR Portfolio                       as much utility data as possible and to
                                                     Owners of covered properties are                     Manager has the ability to automatically              sample from a variety of housing unit
                                                  encouraged to voluntarily submit water                  generate reports from user data and                   sizes and types within each
                                                  and energy benchmarking data to HUD                     offers a variety of standard formats.                 development in order to improve the
                                                  on an annual basis. HUD will require                    Prior to the requirements’ effective date,            accuracy and usefulness of the resultant
                                                  that owners submit benchmarking                         HUD will specify a machine-readable                   metrics. Owners must certify that the
                                                  information on the following schedule,                  report format in Portfolio Manager that               submitted Portfolio Manager data meets
                                                  subject to revision:                                    HUD owners must use in preparing their                or exceeds the required minimum
                                                     • For HUD-assisted properties with a                 benchmarking submissions. The format                  sample.
                                                  utility allowance, at the time of a                     of the report may be modified over time                 HUD will consider requests for
                                                  triennial utility allowance baseline                    but content will remain consistent with               additional time to submit benchmarking
                                                  calculation;                                            the scope of this Notice.                             data from owners who experience
                                                     • For HUD-assisted properties where                  Requirements for Underlying Utility                   unexpected delays in obtaining
                                                  there is no utility allowance, every third              Data                                                  sufficient sample data from utility
                                                  year at the time of financial statement                                                                       providers or encounter unforeseeable
                                                  submission;                                                Use of whole building data, including
                                                                                                          owner-paid utilities, plus all tenant paid            technical difficulties.
                                                     • Prior to issuance of new FHA
                                                  mortgage insurance under Sections                       utilities (even if aggregated), is highly             Other PRA Collections That Impact This
                                                  223(a)(7), 223(f), and 241(a));                         preferable when completing utility                    Submission
                                                     • With a Capital Needs Assessment                    benchmarking analysis, as it will give
                                                                                                                                                                   The Department has identified eight
                                                  submission required by the Office of                    the most accurate snapshot of a
                                                                                                                                                                discrete tasks associated with the
                                                  Asset Management and Portfolio                          building’s performance. However, to
                                                                                                                                                                process for obtaining and submitting
                                                  Oversight in HUD’s Office of                            calculate the referenced metrics in
                                                                                                                                                                Portfolio Manager scores, which are
                                                  Multifamily Housing Programs on a 10-                   Portfolio Manager, some owners may
                                                                                                                                                                listed in the matrix below. Based on a
                                                  year cycle;                                             need to or choose to use a combination
                                                                                                                                                                review of other Paperwork Reduction
                                                     • With a Capital Needs Assessment                    of whole owner-paid utility data and a
                                                                                                                                                                Act submissions, the Department
                                                  submission required as part of any                      sample of tenant-paid utility data as an
                                                                                                                                                                believes that the PRA requirements for
                                                  enforcement action.                                     alternative to using all of the above.
                                                                                                                                                                seven of those eight tasks are addressed
                                                                                                          Please be reminded that metrics
                                                  HUD is seeking feedback on the                                                                                in other submissions, also identified in
                                                                                                          calculated with less than whole
                                                  required submission points and will                                                                           the matrix below. Burden hours
                                                                                                          building data are not accepted by EPA
                                                  finalize the schedule with the issuance                                                                       calculated for the proposed Information
                                                                                                          for the purposes of ENERGY STAR
                                                  of an Office of Housing Notice. Note that                                                                     Collection reflect only the time
                                                                                                          certification. If choosing to use sampled
                                                  these submission requirements are a                                                                           associated with generating a report in
                                                                                                          tenant-paid utility data, owners must
                                                  minimum schedule and do not                                                                                   Portfolio Manager and submission to
                                                                                                          meet or exceed the minimum sampling
                                                                                                                                                                HUD. While the Department recognizes
                                                                                                          standards associated with existing
                                                    14 Under HUD’s Section 8 Project-Based Rental
                                                                                                                                                                that respondents may spend significant
                                                  Assistance (PBRA) program, owners must submit an        Office of Multifamily Housing Programs’
                                                                                                                                                                time on preparatory activities in order to
                                                  analysis of the project’s utility allowances in         utility data reporting requirements (see
                                                  connection with annual rent adjustments and ‘‘. . .                                                           submit the data requested under this
                                                                                                          table of related PRA collections below).
                                                  provide to HUD on an annual basis, such financial                                                             collection, the burden hours for those
                                                                                                          Accepting the sampling already in use
                                                  information as required by HUD . . .’’. See HUD                                                               tasks are already accounted for under
                                                  regulations at 24 CFR 880.610, (applied to parts 881    by anticipated respondents will
                                                                                                                                                                other approved collections.
                                                  and 883 by cross-reference), 24 CFR 884.220, 24         significantly minimize the additional
                                                  CFR 886.126, 24 CFR 891.645, and 24 CFR part 5          administrative burden benchmarking
                                                  Subpart H.                                                                                                      16 https://portal.hud.gov/hudportal/documents/
                                                    15 Under HUD’s regulations at 24 CFR 200.78,
                                                                                                          requirements impose on those                          huddoc?id=15-04hsgn.pdf.
                                                  insured properties ‘‘shall provide cost effective       respondents.                                            17 See Appendix C of the BBC Data Tracking

                                                  energy conservation in accordance with                     When completed in conjunction with                 Manual. www.hudexchange.info/programs/utility-
                                                  requirements established by’’ HUD.                      a HUD utility allowance baseline                      benchmarking.
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                                                  68450                                       Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices

                                                                                                                                RELEVANT PRA INFORMATION COLLECTIONS
                                                                                                                                                                                                                                 Multifamily
                                                                                                                                                                                                      TRACS                        project                   HUD’s multi-
                                                                                                                                                                                                     collection
                                                                                                                                         Energy Star                                                                            applications                family housing               Benchmarking
                                                                                                                                                                    eCNA collection                     (utility
                                                                                                                                          collection                                                                           green building              utility allowance            (new collection)
                                                                                                                                                                                                     allowance                    program                     submission
                                                                                                                                                                                                    component)                  component

                                                                                                                                        (OMB–2060–                    (OMB–2502–                   (OMB–2502–                   (OMB–2502–                   (OMB 2502–
                                                                                                                                           0347)                         0505)                        0204)                        0029)                        0352)

                                                                                                                                         Tasks Leading to Fulfillment of Requirement

                                                  Tenants submit utility data to owners ...........................                   ..........................               X                            X                 ..........................              X                 ..........................
                                                  Tenants provide release for owner to request data
                                                    from utility ..................................................................   ..........................               X                             X                ..........................               X                ..........................
                                                  Utilities compile and share data with owners ...............                                    X                           (*)                           (*)               ..........................              (*)               ..........................
                                                  Owners compile/prepare tenant-paid utility data ..........                                      X                           (*)                           (*)               ..........................              (*)               ..........................
                                                  Owners compile/prepare owner-paid utility data ..........                                       X                           (*)                ..........................               X                ..........................   ..........................
                                                  Owners enter data into Portfolio Manager ....................                                   X                           (*)                           (*)                          (*)               ..........................   ..........................

                                                                                                                                                Direct Requirement Being Proposed

                                                  Owners generate Portfolio Manager Report and sub-
                                                   mit to HUD .................................................................       ..........................    ..........................   ..........................   ..........................   ..........................              X
                                                   * In conjunction with FHA financing and Utility Allowance processes, a portion of owners are currently compiling utility consumption data and utilizing Portfolio
                                                  Manager.


                                                  Effective Date                                                                      Multifamily Housing Utility Allowance                                                     Dated: September 28, 2016.
                                                    The utility benchmarking requirement                                              submission (OMB 2502–0352), HUD’s                                                       Janet M. Golrick,
                                                  described in this notice will apply when                                            Tenant Eligibility and Rent Procedures                                                  Associate General Deputy Assistant Secretary
                                                  executing any covered transaction                                                   (OMB 2502–0204), CNAe requirements                                                      for Housing—Associate Deputy Federal
                                                                                                                                      (OMB 2502–0505), HUD’s Multifamily                                                      Housing Commissioner.
                                                  beginning 90 days after OMB approval
                                                  of the PRA request, and not sooner than                                             Project Applications Green Building                                                     [FR Doc. 2016–23979 Filed 10–3–16; 8:45 am]
                                                  April 15, 2017. The first scheduled                                                 Program component (OMB–2502–                                                            BILLING CODE 4210–67–P

                                                  submission date for a majority of                                                   0029)and ENERGY STAR Certification
                                                  assisted-housing respondents is                                                     (OMB–2060–0347) by the
                                                  estimated to occur in 2019. HUD will                                                Environmental Protection Agency.                                                        DEPARTMENT OF HOUSING AND
                                                  alert owners of the effective date for                                                                                                                                      URBAN DEVELOPMENT
                                                  reporting requirements and provide                                                  B. Solicitation of Public Comment                                                       [Docket No. FR–5916–N–17]
                                                  procedural instructions for submitting                                                This notice is soliciting comments
                                                  data through an Office of Housing                                                                                                                                           60-Day Notice of Proposed Information
                                                                                                                                      from members of the public and affected
                                                  Notice, issued after OMB issues a Notice                                                                                                                                    Collection: Energy Benchmarking of
                                                                                                                                      parties concerning the collection of                                                    Public Housing
                                                  of Action approving this PRA collection.                                            information described in Section A on
                                                  III. Information Collection Burden and                                              the following:                                                                          AGENCY:  Office the Assistant Secretary
                                                  Solicitation of Comment                                                               (1) Whether the proposed collection                                                   for Public and Indian Housing, HUD.
                                                  A. Overview of Information Collection                                               of information is necessary for the                                                     ACTION: Notice.
                                                                                                                                      proper performance of the functions of
                                                    Title of Information Collection:                                                                                                                                          SUMMARY:   HUD is seeking approval from
                                                  Multifamily Housing Energy                                                          the agency, including whether the
                                                                                                                                                                                                                              the Office of Management and Budget
                                                  Benchmarking.                                                                       information will have practical utility;                                                (OMB) for the information collection
                                                    OMB Approval Number: New                                                            (2) The accuracy of the agency’s                                                      described below. In accordance with the
                                                  proposed collection.                                                                estimate of the burden of the proposed                                                  Paperwork Reduction Act, HUD is
                                                    Type of Request: New proposed                                                     collection of information;                                                              requesting comment from all interested
                                                  collection.                                                                           (3) Ways to enhance the quality,                                                      parties on the proposed collection of
                                                    Form Number: N/A.                                                                                                                                                         information. The purpose of this notice
                                                                                                                                      utility, and clarity of the information to
                                                    Description of the need for the                                                                                                                                           is to allow for 60 days of public
                                                  information and proposed use: Please                                                be collected; and
                                                                                                                                                                                                                              comment.
                                                  see Section II of this notice.                                                        (4) Ways to minimize the burden of
                                                    Respondents: Multifamily owners,                                                  the collection of information on those                                                  DATES:   Comments Due Date: December
                                                  managing agents and tenants.                                                        who are to respond; including through                                                   5, 2016.
                                                    Estimated Number of Respondents:                                                  the use of appropriate automated                                                        ADDRESSES: Interested persons are
                                                  17,049.                                                                             collection techniques or other forms of                                                 invited to submit comments regarding
                                                    Average Hours per Response: .50.                                                  information technology, e.g., permitting                                                this proposal. Comments should refer to
                                                    Total Estimated Burden Hours:                                                                                                                                             the proposal by name and/or OMB
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                                                                                                                                      electronic submission of responses.
                                                  8,524.5.                                                                                                                                                                    Control Number and should be sent to:
                                                    Burden hours take into account other                                                HUD encourages interested parties to                                                  Colette Pollard, Reports Management
                                                  existing information collections                                                    submit comment in response to these                                                     Officer, QDAM, Department of Housing
                                                  covering the assembly of utility                                                    questions.                                                                              and Urban Development, 451 7th Street
                                                  information by impacted properties and                                                Authority: Section 3507 of the Paperwork                                              SW., Room 4176, Washington, DC
                                                  the use of ENERGY STAR Portfolio                                                    Reduction Act of 1995, 44 U.S.C. Chapter 35.                                            20410–5000; telephone 202–402–3400
                                                  Manager, these include: HUD’s                                                                                                                                               (this is not a toll-free number) or email


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Document Created: 2016-10-04 03:03:55
Document Modified: 2016-10-04 03:03:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactStan Houle, Office of Multifamily Housing Programs, Department of Housing and Urban Development, 451 7th Street SW., Room 6182, Washington, DC 20410, telephone 202-708-2572. (This is not a toll-free number.) Persons with hearing or speech impairments may access these numbers through TTY by calling the toll- free Federal Relay Service at 800-877-8339.
FR Citation81 FR 68446 

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