Notice2025-03758
Final Determination: Adoption of Energy Efficiency Standards for New Construction of HUD- and USDA-Financed Housing; Extension of HUD Compliance Dates
Primary source
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Published
March 10, 2025
Issuing agencies
Housing and Urban Development Department
Abstract
On April 26, 2024, HUD and the U.S. Department of Agriculture published the "Final Determination: Adoption of Energy Efficiency Standards for New Construction of HUD- and USDA-Financed Housing" Notice (Final Determination) in the Federal Register. The Final Determination provides compliance dates for HUD programs covered by the Final Determination. This notice delays compliance dates by six months over the published compliance dates for covered projects in the following programs: Federal Housing Administration-Insured (FHA- Insured) Multifamily, FHA-Insured Single Family, Public Housing Capital Fund, and Competitive Grants (Choice Neighborhoods, Section 202, Section 811). This notice delays the compliance date for Section 8 Project Based Vouchers (PBV) until April, 2026.
Full Text
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<title>Federal Register, Volume 90 Issue 45 (Monday, March 10, 2025)</title>
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[Federal Register Volume 90, Number 45 (Monday, March 10, 2025)]
[Notices]
[Page 11622]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03758]
[[Page 11622]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6271-N-04]
Final Determination: Adoption of Energy Efficiency Standards for
New Construction of HUD- and USDA-Financed Housing; Extension of HUD
Compliance Dates
AGENCY: Department of Housing and Urban Development (HUD).
ACTION: Notice; extension of compliance dates.
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SUMMARY: On April 26, 2024, HUD and the U.S. Department of Agriculture
published the ``Final Determination: Adoption of Energy Efficiency
Standards for New Construction of HUD- and USDA-Financed Housing''
Notice (Final Determination) in the Federal Register. The Final
Determination provides compliance dates for HUD programs covered by the
Final Determination. This notice delays compliance dates by six months
over the published compliance dates for covered projects in the
following programs: Federal Housing Administration-Insured (FHA-
Insured) Multifamily, FHA-Insured Single Family, Public Housing Capital
Fund, and Competitive Grants (Choice Neighborhoods, Section 202,
Section 811). This notice delays the compliance date for Section 8
Project Based Vouchers (PBV) until April, 2026.
DATES: Applicable March 10, 2025.
FOR FURTHER INFORMATION CONTACT: Lauren Hayes, Office of Environment
and Energy, Department of Housing and Urban Development, 451 7th Street
SW, Room 7272, Washington, DC 20410; email <a href="/cdn-cgi/l/email-protection#82e7ece7f0e5fbe3e1f6ebedecc2eaf7e6ace5edf4"><span class="__cf_email__" data-cfemail="395c575c4b5e40585a4d50565779514c5d175e564f">[email protected]</span></a>;
telephone number 202-402-4270 (this is not a toll-free number). HUD
welcomes and is prepared to receive calls from individuals who are deaf
or hard of hearing, as well as individuals with speech or communication
disabilities. To learn more about how to make an accessible telephone
call, please visit: <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION:
I. Background
On April 26, 2024, HUD and the U.S. Department of Agriculture
published the Final Determination (89 FR 33112), which adopted the 2021
edition of the International Energy Conservation Code (IECC) and the
2019 edition of ANSI/ASHRAE/IES Standard 90.1: Energy Standard for
Buildings, Except Low-Rise Residential Buildings (ASHRAE 90.1) as the
minimum energy standards for new construction of buildings in programs
covered by section 109 of the Cranston-Gonzalez National Affordable
Housing Act of 1990 (42 U.S.C. 12709), as amended by the Energy
Independence and Security Act of 2007 (EISA) (Pub. L. 110-140).
In Section VI of the Final Determination, the Departments provided
Table 32, which lists compliance dates for the updated energy
efficiency standards, also available with further guidance for HUD
programs at <a href="https://www.hudexchange.info/programs/minimum-energy-standards/">https://www.hudexchange.info/programs/minimum-energy-standards/</a>.
II. Delay of Compliance Dates
HUD is delaying the compliance dates for the Final Determination's
dates that have not yet passed. The compliance dates for the following
programs are extended by six months: Federal Housing Administration-
Insured (FHA-Insured) Multifamily, FHA-Insured Single Family, Public
Housing Capital Fund, and Competitive Grants (Choice Neighborhoods,
Section 202, Section 811). The compliance date for Section 8 Project
Based Vouchers is extended until April 1, 2026.
The six month delay will provide additional time for the
administration to review questions of fact, law and policy supporting
the Final Determination and determine the need for HUD to develop
further technical assistance. Additionally, the delay for Section 8
Project Based Vouchers will allow time for HUD to seek comment and
publish further guidance on compliance for Section 8 PBV. HUD is not
amending the compliance date for the HOME Investment Partnerships
Program (HOME) and the Housing Trust Fund (HTF) Program, which has
already passed. As stated on HUD Exchange, if HOME and HTF projects
receive layered funding with other HUD funds covered by this notice as
listed in the table below, the later compliance date applies. HUD
confirms that HOME and HTF projects with funding from a program covered
by this compliance date extension do not have to comply with the Final
Determination until the new extended date. See <a href="https://www.hudexchange.info/programs/minimum-energy-standards/">https://www.hudexchange.info/programs/minimum-energy-standards/</a> for more
information. Program participants who may have difficulty meeting
compliance dates that have already passed should contact HUD.
The updated compliance dates are as follows:
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Program Initiation event Compliance date
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HOME and HTF (If HOME/HTF Participating 180 days after
funding is layered with Jurisdiction (PJ) effective date:
other HUD funds, the later or HTF Grantee November 28, 2024.
program compliance date Funding Commitment.
applies).
Federal Housing Pre-application 18 months after
Administration-Insured (FHA- Submitted to HUD. effective date:
Insured) Multifamily. November 28, 2025.
FHA-Insured Single Family... Building Permit 24 months after
Application. effective date: May
28, 2026.
Public Housing Capital Fund. HUD approvals of 18 months after
development effective date:
proposals for new November 28, 2025.
Capital Fund or
mixed financed
projects.
Project Based Vouchers...... To be determined in April 1, 2026.
further guidance.
Competitive Grants (Choice Notice of Funding Next published NOFO
Neighborhoods, Section 202, Opportunity (NOFO) after six months
Section 811). Publication. from the date of
publication of this
notice.
All programs, persistent Based on program- 24 months after
poverty rural areas. specific event, effective date: May
above. 28, 2026.
Rental Assistance N/A................. Already effective by
Demonstration (RAD). Federal Register
Notice July 27,
2023.
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III. Findings and Certifications
Environmental Impact
This notice provides updated compliance deadlines for the Final
Determination. A Finding of No Significant Impact was prepared on the
preliminary determination that preceded the Final Determination and
remained applicable to the Final Determination. Accordingly, under 24
CFR 50.19(c)(4) this notice is categorically excluded from
environmental review under the National Environmental Policy Act of
1969 (42 U.S.C. 4321).
Scott Turner,
Secretary.
[FR Doc. 2025-03758 Filed 3-7-25; 8:45 am]
BILLING CODE 4210-67-P
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