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HUD/PIH RIN: 2577-AD22 Publication ID: Fall 2024 
Title: Utility Consumption Adjustments for Small and Predominantly Rural PHAs and Operating Fund Rule Energy Incentives 
Abstract:

Through this revision to the Operating Fund rule (24 CFR 990), HUD proposes to codify the changes Section 209(b) of the Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018 (Economic Growth Act) made to section 9(e)(2) of the U.S. Housing Act of 1937, as well as make other changes related to energy incentives within the public housing program. These changes allow small, rural Public Housing Agencies (PHAs), as defined in section 209(a) of the Economic Growth Act to elect to be paid for utility and/or waste management costs based on a frozen rolling base methodology (FRB) for a period not to exceed 20 years.  HUD’s changes to the Operating Fund rule will incorporate the FRB provision and clarify how this provision will interact with other aspects of the Operating Fund formula. Further, the rule will make changes to the rate reduction incentive, energy performance contracting administration, and permit PHAs to incorporate the costs of air conditioning in public housing utilities allowances.   

 
Agency: Department of Housing and Urban Development(HUD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 24 CFR 990   
Legal Authority: 42 U.S.C. 1437g    42 U.S.C. 3535(d)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  04/00/2025 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Todd Thomas
Director, Office of Public Housing Programs
Department of Housing and Urban Development
Office of Public and Indian Housing
451 7th Street SW,
Washington, DC 20410
Phone:202 402-4542