[Federal Register Volume 90, Number 215 (Monday, November 10, 2025)]
[Notices]
[Pages 50750-50751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-19823]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6271-N-06]
Final Determination: Adoption of Energy Efficiency Standards for
New Construction of HUD- and USDA-Financed Housing; Additional
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. On March 10, 2025, HUD published a Notice of
Extension of Compliance Dates in the Federal Register for covered
projects in the following HUD 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) and Section 8 Project Based Vouchers (PBV).
This notice provides an additional extension of the compliance dates
for these programs as specified below.
DATES: Applicable November 10, 2025.
FOR FURTHER INFORMATION CONTACT: Bryan Horne, Acting Principal Deputy
Assistant Secretary, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 7th Street SW, Room
7272, Washington, DC 20410, 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: https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
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 https://www.hudexchange.info/programs/minimum-energy-standards/.
On March 10, 2025, HUD published ``Final Determination: Adoption of
Energy Efficiency Standards for New Construction of HUD- and USDA-
Financed Housing; Extension of HUD Compliance Dates'' (90 FR 11622),
which extended the compliance dates for the following HUD programs:
[[Page 50751]]
Federal Housing Administration-Insured (FHA-Insured) Multifamily, FHA-
Insured Single Family, Public Housing Capital Fund, and Competitive
Grants (Choice Neighborhoods, Section 202, Section 811), and Section 8
Project Based Vouchers. As explained in the March 10 extension notice,
HUD did not extend the compliance dates for HOME and Housing Trust Fund
because those dates had already passed.
On July 7, 2025, HUD and USDA published ``Adoption of Energy
Efficiency Standards for New Construction of HUD- and USDA-Financed
Housing; Notice for Comment'' (90 FR 29882), in which the agencies
announced that they intend to review the analysis contained in the
Final Determination and requested additional public comment to inform
such review. The agencies received nearly 100 public comments in
response to the notice.
II. Additional Delay of Compliance Dates
HUD is providing an additional delay of the HUD compliance dates
that have not yet passed. The compliance dates for the following HUD
programs are extended until May 28, 2026: Federal Housing
Administration-Insured (FHA-Insured) Multifamily, FHA-Insured Single
Family, Public Housing Capital Fund, and Section 8 Project Based
Vouchers. The deadline for the Competitive Grants (Choice
Neighborhoods, Section 202, Section 811) is extended until the
publication of the respective program NOFOs for FY2026.
The additional delay provided by this notice will provide time for
the agencies to fully consider the public comments received in response
to the July 7 Notice for Comment. In this regard, the Department notes
the request from a national building industry advocacy organization for
an additional extension of the compliance dates. The additional delay
for Section 8 Project Based Vouchers will allow time for HUD to solicit
comment and develop and publish further guidance on compliance for
Section 8 PBV.
As with the March 10 extension, HUD is not by this notice 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 https://www.hudexchange.info/programs/minimum-energy-standards/ 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 November 28, 2024.
funding is layered with Jurisdiction (PJ)
other HUD funds, the later or HTF Grantee
program compliance date Funding Commitment.
applies).
Federal Housing Pre-application May 28, 2026.
Administration-Insured (FHA- Submitted to HUD.
Insured) Multifamily.
FHA-Insured Single Family... Building Permit May 28, 2026.
Application.
Public Housing Capital Fund. HUD approvals of May 28, 2026.
development
proposals for new
Capital Fund or
mixed financed
projects.
Project Based Vouchers...... To be determined in May 28, 2026.
further guidance.
Competitive Grants (Choice Notice of Funding Upon publication of
Neighborhoods, Section 202, Opportunity (NOFO) FY2026 NOFO for
Section 811). Publication. each respective
program.
All programs, persistent Based on program- May 28, 2026.
poverty rural areas. specific event,
above.
Rental Assistance N/A................. Already effective by
Demonstration (RAD). Federal Register
Notice and program
notice.
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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 (FONSI) was prepared
for the preliminary determination that preceded the Final Determination
and remained applicable to the Final Determination. That FONSI is also
applicable to this notice. 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. 2025-19823 Filed 11-7-25; 8:45 am]
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