60-Day Notice of Proposed Information Collection: Pay for Success Pilot Application Requirements

 
CONTENT
Federal Register, Volume 84 Issue 89 (Wednesday, May 8, 2019)
[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Notices]
[Pages 20157-20159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09473]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7014-N-15]
60-Day Notice of Proposed Information Collection: Pay for Success
Pilot Application Requirements
AGENCY: Office of the Assistant Secretary for Housing- Federal Housing
Commissioner, HUD.
ACTION: Corrected 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: Comments Due Date: July 8, 2019.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposal. Comments should refer to the proposal by name and/or OMB
Control Number and should be sent to: 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.
FOR FURTHER INFORMATION CONTACT: Josh Geyer, Office of Environment and
Energy, Department of Housing and Urban Development, 451 7th Street SW,
Washington, DC 20410; email [email protected] or telephone (415)
489-6418. This is not a toll-free number. Persons with hearing or
speech impairments may access this number through TTY by calling the
toll-free Federal Relay Service at (800) 877-8339.
    Copies of available documents submitted to OMB may be obtained from
Ms. Pollard.
SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is
seeking approval from OMB for the information collection described in
Section A.
A. Overview of Information Collection
    Title of Information Collection: Pay for Success Pilot Application
Requirements.
    OMB Approval Number: 2502-0613.
    OMB Expiration Date: 1/31/2020.
    Type of Request: This is a revision of a currently approved
collection.
    Form Numbers: HUD-2530, SF 424 family of forms, HUD-2880, HUD-424-
CBW, HUD-9250, Certification of Owner Eligibility, Cooperative
Agreement, Site-Specific Environmental Review (Part 1 of 2), and Office
of Multifamily Housing Pay for Success Program Narrative Template.
     Form HUD-2530, Previous Participation Certification, is
completed by the Intermediary. The Intermediary submits the form to HUD
via grants.gov as part of the application package for the PFS pilot.
The type of information collected includes the Intermediary's
(principals) Name, Address, Social Number/IRS Employee Number,
Signature, etc. The form is required to provide HUD with a certified
report of all previous participation in HUD multifamily housing
projects by those parties making application and is used by HUD to
determine eligibility to participate in Multifamily programs.
     SF-424 family of forms (SF-424A-D, as applicable),
Application for Federal Assistance and Assurances, is completed by the
Intermediary. The Intermediary submits this family of forms to HUD via
grants.gov as part of the application for the PFS pilot. The type of
information collected includes the Intermediary's Name, EIN/TIN,
Address, Email address, etc. This family of forms is required for use
as a cover sheet for submission of preapplications and applications and
related information under discretionary programs. Applicants are
required to submit this family of forms to HUD as part of the
application package for the PFS pilot.
     Form HUD-2880, Applicant/Recipient Disclosure/Update
Report, is completed by the Intermediary. The Intermediary submits the
from to HUD via the grants.gov as part of the application package for
the PFS pilot. The type of information collected includes the
Intermediary's Name, address, phone number, social security number and
EIN, etc. The Intermediary is required to submit this form in order to
provide accountability and integrity in the provision of assistance
that is administered by HUD.
[[Page 20158]]
     Form HUD 424-CBW (excel spreadsheet), Detailed Budget
Worksheet, is completed by the Intermediary. The Intermediary submits
this form to HUD via email or US mail for approval. The type of
information collected includes a detailed description of budget as it
pertains to each participating property. The Intermediary submits this
form to HUD in program phases for completion of the retrofits in all
participating properties in the PFS program.
     Form HUD-9250, Funds Authorization, is completed by the
Owner. The Owner submits this form by email or by US mail to HUD for
approval. The type of information collected includes Owner's name,
address, mortgagee, etc. Owners are required to submit this form to HUD
to request withdrawal from the Reserve for Replacements or Residual
Receipts Funds.
     Certification of Owner Eligibility, Owner must complete
this form to be eligible to participate in the Pay for Success pilot.
Owner submits certification to HUD for approval via email or by US
mail. The type of information collected includes Owner's name, iREMS
number, address, signature, etc. Owners must provide a certification to
HUD that they and the property meet HUD eligibility requirements in
order to be able to participate in the Pilot.
     Cooperative Agreement is administered by HUD's Office of
Multifamily Housing Programs, which will have oversight of the
Intermediaries, ensuring compliance with all included provisions and
authorizing payments when and if required conditions are met. The type
of information collected includes Date agreement was entered with
Intermediary, total of units HUD awarded intermediary, signature and
HUD official. The form is submitted to HUD/Intermediary via email or by
US mail.
     Site-Specific Environment Review (Part 1 of 2), this form
should be used only to initiate site-specific reviews for individual
HUD-assisted properties undertaking energy and water conservation
retrofits under the Multifamily Energy and Water Conservation Pay for
Success Pilot. Intermediary completes the form and any relevant
documents for each site identified to participate in the PFS Pilot and
submits it to HUD to upload in the HUD Environmental Review Online
System (HEROS).
     Office of Multifamily Housing Pay for Success Program
Narrative Template is completed by the Intermediary and is submitted to
HUD via grants.gov. The type of information collected includes the
Intermediary's name, EIN, organization name, etc. The narrative
template is provided to Applicants under the Pay for Success Pilot
program and will be evaluated by HUD.
    Description of the need for the information and proposed use: Title
LXXXI of the Fixing America's Surface Transportation Act (Pub. L. 114-
94) authorizes the Department of Housing and Urban Development (HUD) to
establish a demonstration program under which the Secretary may execute
budget-neutral, performance-based agreements in fiscal years 2016
through 2019 that result in a reduction in energy or water costs. The
legislation authorizes HUD to implement this pilot in up to 20,000
units of multifamily buildings participating in the project-based
rental assistance (PBRA) program under section 8 of the United States
Housing Act of 1937; supportive housing for the elderly program
operating under section 202 of the Housing Act of 1959; and supportive
housing for persons with disabilities under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act. The Statute
authorizes HUD to execute performance-based agreements in fiscal years
2016 through 2019 covering up to 20,000 units in eligible properties.
HUD is responsible for submitting annual program evaluation reports to
Congress for the duration of the Pilot.
    HUD is authorized under this legislation to establish a competitive
process for selecting one or more qualified applicants to serve as
Intermediaries who will, per agreements with HUD, be responsible for
initiating and managing an energy and water conservation retrofit
program at eligible properties. For the purpose of this program,
applicants are defined as entities applying to participate. The
documents that are the subject of this notice are those used by
applicants applying to participate in this program. This information
will allow applicants to submit their proposal and for the government
to evaluate this information.
    I. Application. The applicants responding to the NOFA will need to
submit the before the prescribed deadline all standard forms including
Previous Participation Certification (Form 2530), SF-424 family of
forms, and Form HUD-2880; responses to the NOFA's rating factors
describing the applicant's qualifications and proposed approach to all
aspects of program implementation; and an Executive Summary of no more
than four pages.
    II. Project Initiation. Once selected, Intermediaries will enter
into a Cooperative Agreement with HUD for each property they will be
retrofitting under the program which will provide for performance-based
payments by HUD based on the savings realized by HUD after the retrofit
has been completed. Intermediaries will also be required to submit a
copy of an executed PFS Contracts with each property owner that will be
attached to the Cooperative and serve to identify the specific units
being affected by the retrofit. Within 30 days of entering into each
Cooperative Agreement, an Intermediary will submit to HUD a Work Plan
consisting of a description of all documentary deliverables and due
dates related to that Agreement and a proposed approach to periodic
consultation with HUD for the purposes of oversight. The Intermediary
will also submit a request for approval for the Independent Evaluator
that will be validating key information submitted to HUD by the
Intermediary over the course of the Cooperative Agreement. Each
participating property owner will submit to HUD a Certification of
Eligibility and a written agreement to replace equipment installed
under the PFS Pilot only with equipment of like or better efficiency.
    III. Retrofit implementation. Before a retrofit is implemented, the
Intermediary will to develop and submit (with support from the property
owner) a Site-specific Environmental Review form with the following
information: High-level description of the project's scope of work;
whether the property lies within a Coastal Barrier Resource unit;
whether the property lies within a floodplain and proof of any required
flood insurance policies; whether the project will destroy or modify a
wetland; previous uses of the site and other evidence of contamination
on or near the site; and whether any historic preservation policies
apply to the site or the building(s). Intermediaries intending to use
property-level reserve funds to pay for no more than half of the hard
costs associated with the retrofit must submit a Scope of Work for the
retrofit and a Reserve Analysis demonstrating that the retrofit will
leave the property in as good or better financial shape as it would
otherwise have been. The property owner must submit a Funds
Authorization Form (HUD-9250) to request HUD's approval to use funds
for this purpose.
    IV. Retrofit completion. When the retrofit is completed, the
Intermediary will submit a Certification of Retrofit Completion with
the following information: A list of installed measures
[[Page 20159]]
with cost information; weather- and occupancy-normalized pre-retrofit
consumption baselines for each affected tenant- and owner-paid utility,
and all component data used to calculate those baselines, including
utility consumption, rates, utility allowances, and climatic and
occupancy data, and the calculation methodology used; weather- and
occupancy-normalized post-retrofit consumption projections for each
affected tenant- and owner-paid utility, and all component data used to
calculate those baselines, including utility consumption, rates,
utility allowances, and climatic and occupancy data, and the
calculation methodology used; recalculated pre-retrofit baseline
utility allowances and post-retrofit utility allowances for each unit
size/type; recalculated pre-retrofit baseline owner rental subsidy and
post-retrofit owner renter for each unit size/type; and post-retrofit
per-unit annual savings to HUD relative to pre-retrofit baseline.
    V. Performance payments. Intermediaries will submit Invoices for
Performance Payments concurrent with each property's annual rent
adjustment cycle for the remainder of the period of performance of the
Cooperative Agreement pertaining to that property. Invoices will
include thorough documentation of all calculations contributing to the
calculation of the amount being invoiced (as provided in the work plan)
as well as a written certification by the Independent Evaluator that
the performance payment has been calculated according to the
methodology contained in the Cooperative Agreement; no adverse changes
to the qualifications of the Independent Evaluator have occurred since
the last submission from the Independent Evaluator; and no conflict of
interest or apparent conflict of interest exists with the Intermediary
or with respect to any property or Owner which would preclude the
Independent Evaluator from performing its obligations in a truly
independent manner. In the event of a change in the physical structure
of a property during the period of performance which materially impacts
utility usage, the Owner and the Intermediary will mutually agree upon
an equitable modification of the pre-retrofit baseline for Owner-paid
utility and/or of the pre-retrofit baseline of tenant utility
allowances to reflect the impact of the change on utility usage and
notify HUD of the change. In the event that the Intermediary wishes to
assign performance payments to a third party, the Intermediary must
submit to HUD a written request for approval.
    VI. Other program administration requirements. Beginning with the
execution of their first cooperative agreement with HUD, Intermediaries
will submit quarterly reports regarding the status of all properties
for which work under the PFS Pilot is unfinished, including the work
that has been completed, the work that remains the anticipated
projected completion date. If at any point it becomes necessary to
replace a partner entity performing one or more core functions program
administration functions (project management, capital sources,
oversight of SOW development and retrofit implementation, and/or
invoicing HUD), the Intermediary must collect and submit evidence from
the proposed replacement partner entity similar to the qualifications
detailed for the original partner entity in the Intermediary's initial
application. As this is pilot program and HUD is responsible for
submitting annual program evaluation reports to Congress,
Intermediaries may be required to work with a program evaluation team
and provide relevant information, possibly including (but not limited
to) information pertaining to retrofit implementation, program
administration, post-retrofit behavioral interventions, and certain
fees. Intermediaries may be asked to clarify or provide additional
context for previously submitted information, including additional
details on their sources and uses of funds.
    Respondents (i.e. affected public): Entities applying to be
Intermediaries under this program, selected Intermediaries.
    Estimated Number of Respondents: 15.
    Estimated Number of Annual Responses: 1,000.
    Frequency of Response: Varies.
    Average Hours per Response: 10.8.
    Total Estimated Annual Burden: 4,401.
B. Solicitation of Public Comment
    This notice is soliciting comments from members of the public and
affected parties concerning the collection of information described in
Section A on the following:
    (1) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (2) The accuracy of the agency's estimate of the burden of the
proposed collection of information;
    (3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on
those who are to respond; including through the use of appropriate
automated collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.
    HUD encourages interested parties to submit comment in response to
these questions.
    Authority: Section 3507 of the Paperwork Reduction Act of 1995,
44 U.S.C. Chapter 35.
    Dated: May 2, 2019.
Vance T. Morris,
Special Assistant to the Assistant Secretary for Housing-Federal
Housing Commissioner.
[FR Doc. 2019-09473 Filed 5-7-19; 8:45 am]
 BILLING CODE 4210-67-P