# Presentation: 082770

## HUD’s Energy Incentivesand Performance Contracting

## Revenue from Decreasing Utility Bills

*Revenue potential is a function of*
*three factors:*
- Consumption - therms of gas, kWh of electricity
- Cost per unit consumption - cents/therm or cents/kWh
- Who keeps the savings - HUD or the building owner/manager?

## Revenue from Decreasing Utility Bills

- High consumption - decrease through conservation
- High cost - decrease through negotiating lower rates
- Transporting gas
- “Wheeling” electricity
- HUD has established incentives to take advantage of both of these options

## HUD and Energy Costs 	

- Performance Funding System (PFS) dictates cash flows between HUD and housing authority - utilities are a portion of this
- Just underwent revision due to Quality Housing and Work Responsibility Act of 1998
- Negotiated Rulemaking completed, Interim Final Rule published 3/29/01 - not many changes.

## HUD and Energy Costs	

- Utilities are treated as separate components, due to:
- 	––	Volatility of Utility Rates
- 	––	Diversity of utility delivery system among PHAs/IHAs
- 	––	Diversity of the types of utilities used by PHAs/IHAs
- 	––	Lack of Standards for consumption
- 	––	Lack of uniformity in condition of utility systems and 		equipment
- Impacts on Performance Contracting
-   Some savings won’t show up when evaluating cost-effectiveness of package, e.g. **maintenance costs **paid from operating fund.

**HUD and Energy Costs****	**

**Notes:**
ALLOWABLE UTILITIES EXPENSE LEVEL (AUEL) - 
CURRENT SYSTEM
I.	Purpose of System
	A.	Why are utilities treated as a separate component of the subsidy system?
		1.	Volatility of Utility Rates
		2.	Diversity of utility delivery system among PHAs/IHAs
		3.	Diversity of the types of utilities used by PHAs/IHAs
		4.	Lack of Standards for consumption
		5.	Lack of uniformity in condition of utility systems and equipment
II.	Utility Rates
	A.	PFS uses and adjusts for 100% of rate changes
	B.	Published rates are used, no projections are permitted except as specifically permitted in 990.107, which deals with announced increases by a rating setting commission which will take place during the requested budget year.

## Allowable Utilities Expense Level (AUEL)

- Allowed Utility Consumption Level (AUCL)
- 3-year Rolling Base
- Allowed Utility Expense Level (AUEL)
- Rolling Base * Rate in effect at the time

## Allowable Utilities Expense Level (AUEL)	

- Utility Rates
-  PFS uses and adjusts for 100% of rate changes
-  Published rates are used; no projections are    permitted, except as specifically permitted in 990.107
-  HUD’s rate = Total dollar cost / units of consumption, e.g. $/kWh = Rate
- Can lead to HUD defined  “savings” being different from the savings the HA sees on their utility bill e.g. demand charges, stepped rates
-  Decrease in rate can lead to decrease in dollar savings to the  HA.

## Allowed Utility Consumption Level (AUEL)

- 	––	The 36-month period ending at least 12 months prior 		to the beginning of the requested budget year (RBY).

**Allowable Level (AUEL) - CurrentSystem (cont.)**

**Allowed Utility Consumption Level (AUEL)**

**Notes:**
III.	Rolling Base Period
	A.	The thirty-six month period ending at least 12 months prior to the 		beginning of the requested budget year.

## Mandatory Post-Year Adjustment

- 	1.  Change Factor
- 	2.  Heating Degree Day (HDD)
- 	3.  Applied to meters used for space heating *only*
- 	4.  Application of HDD factor to estimated Rolling Base      Consumption
- Adjustment for rate and consumption - past year
- 	1.  All PHAs/IHAs receiving subsidy *must* submit year-end     adjustment
- 	2.  Decreases/Increases in AUCL - 75/25 split HA/HUD
- 	3.  Rate: paid at 100%
- 	4.  Equals True-up of AUEL
- New Rule - 1 year lag in true-up

**Mandatory Post-Year Adjustment**

**Notes:**
Mandatory Post-Year Adjustment

Utilities used for space heat - past year
	1.  Change Factor
	2.  Heating Degree Day (HDD)
	3.  Applied to meters used for space heating only
	4.  Application of HDD factor to estimated Rolling Base Consumption

Adjustment for rate and consumption - past year
	1.  All PHAs/IHAs receiving subsidy must submit year end adjustment
	2.  Decreases in AUEL
	3.  Increase in AUEL
	4.  Rate - paid at 100%
	5.  Decreased/Increased consumption - 50/50
	6.  Alternative for Rate Increases

## Modernization Funds

- Standard mechanism for capital improvements
- Housing authority keeps 75% of the savings (or bears 75% of the liability) until the rolling base catches up (Prior to new rule, this was a 50/50 split).

## Cash Flows from Conservation Projects Using Standard PFS Funding

## Performance Funding System (PFS) and Performance Contracting

- _Statutory Authority_ - Section 9 of the United States Housing Act of 1937, as amended by Section 118 of the Housing and Community Development Act of 1987
- Quality Housing and Work Responsibility Act of 1998
- _Regulatory Reference_ - The Performance Funding System (PFS) regulations at 24 CFR 990 for Public Housing Agencies.
- _Notice PIH 91-41 (PHA)_ - Final Rule - PFS: Energy Conservation Savings, Audit Responsibilities, Miscellaneous Revisions

**Performance Funding System (PFS) and Performance Contracting**

**Notes:**
PERFORMANCE FUNDING SYSTEM (PFS) AND PERFORMANCE CONTRACTING
Statutory Authority - Section 9 of the United States Housing Act of 1937, as amended by Section 118 of the Housing and Community Development Act of 1987
Regulatory Reference - The Performance Funding System (PFS) regulations at 24 CFR 990 for Public Housing Agencies and 24 CFR 905 for Indian Housing Authorities
Notice PIH 91-41 (PHA) - Final Rule - PFS: Energy Conservation Savings, Audit Responsibilities, Miscellaneous Revisions, dated 10/2/91

**References (continued)**
- _Notice PIH 94-71 (HA)_ - Final Rule - Annual Contributions for Operating Subsidy; Shared Savings for Utility Rate Reductions and Subsidy for Economic Self-Sufficiency and Anti-Drug Activities
- _Notice PIH 95-26 (HA)_ - Incentives for PHAs and IHAS to Reduce the Cost of Utilities
- _Handbook_ - The Performance Funding System Handbook

**Performance Funding System (PFS) and Performance Contracting (cont.)**

**Notes:**
Notice PIH 94-71 (HA) - Final Rule - Annual Contributions for Operating Subsidy; Shared Savings for Utility Rate Reductions and Subsidy for Economic Self-Sufficiency and Anti-Drug Activities
Notice PIH 95-26 (HA) - Incentives for PHAs and IHAS to Reduce the Cost of Utilities) Replaced Notice 93-9 (PHA))
Handbook - The Performance Funding System Handbook, 7475.13 REV
Guidebook - Energy Performance Contracting for Public and Indian Housing - A Guide for Participants, dated February, 1992.

## HUD’s Energy Incentives 

- Frozen Base
- Additional “add-on” subsidy
- Negotiated rate reductions
*Performance contracting may be*
*used with either of the first two incentive methods*

## Regulatory Framework for Improving Energy Efficiency In Public Housing

***THE CONSERVATION OF ENERGY***

**Regulatory Framework for Improving Energy Efficiency In Public Housing**

**Notes:**
Regulatory Framework for Improving Energy Efficiency in Public Housing:
Section 118 of the Housing and Community Development Act of 1997
Intent of Legislation: To provide specified incentives for public housing authorities to utilize the concept of energy performance contracting as a mechanism through which non-federal funds can be utilized to assist in the accomplishment of a meaningful government objective:
THE CONSERVATION OF ENERGY

## Regulatory Framework for Improving Energy Efficiency In Public Housing (cont.)

**Regulatory Framework for Improving Energy Efficiency In Public Housing (cont.)**

**Notes:**
Regulatory Framework for Improving Efficiency in Public Housing:
(continued)
Our Change: To achieve the statutory objective of the legislation in a creative way, so the concept, objectives, and results of performance contracting can be achieved, even if the methods or actions are not specifically authorized in the implementing regulations.

## The Frozen Base Incentive

- HUD will freeze the three-year rolling base at the current consumption level
- As housing authority costs go down, the authority keeps 100% of the difference

## Cash Flows from Conservation Projects Using the Frozen Base Incentive

## The Frozen Base Incentive

**Rules**
- Non-HUD funding
- Obtain a savings guarantee
- At least 50% of the savings for debt service
- The HA may retain up to 50% of the savings to train employees or pay for other eligible costs (cash incentives to residents are not permitted)
- 12 years maximum contract
- Restrictions on savings calculations

## The Frozen Base Incentive

- 	•	ESCOs must guarantee that a shortfall in savings will not cause the PHA to default on the debt services if projected savings do not take place.

**The Frozen Base Incentive**

**Notes:**
Implementing Regulations: Issued
September 11, 1991, in the Federal Register (continued)
			•	50% of the savings must be used to pay the contractor (i.e. Debt amortization).
			•	PHA is responsible for debt amortization if the projected savings do not materialize.
			•	Energy conservation contractors or ESCOs must provide sufficient guarantees of savings such that a shortfall in the savings will not cause the PHA to default on the debt services if the projected savings do not take place. Such guarantees have an associated cost which must be negotiated in the contract the PHA signs with the contractor.

## The Additional “Add-On” Subsidy Incentive 

- The Additional Subsidy
- Rolling base does not freeze, so...
- HUD keeps most savings, but...
- HUD increases the subsidy in the amount of the loan payment and fees
- This is the “Additional Subsidy”

## Cash Flows from Conservation Projects Using the Add-On Subsidy Incentive

## The Additional “Add-On” Subsidy Incentive

- Rules
- Non-HUD funding
- No savings guarantee required, but...
- Savings must at least equal the loan payment or next year’s operating subsidy is docked, so...
- Savings guarantee is still a smart move
- Loan length is limited to 12 years max
- Standard PFS incentives apply

## HUD Energy Incentives

- Both incentive methods deal with cash flows between a housing authority and HUD
- Alters how does the housing authority have the funds to pay back the loan
**Note: **There are other cash flows to consider when evaluating a project
- Housing Authority /Utility
- Housing Authority/ESCo (Contract)
- Housing Authority/Lender

## Performance Contracting

- Performance contracting is a method used to implement the projects
- Turnkey services from audit to monitoring

## Existing Energy Use

## After Performance Contracting

- 	“The frozen base incentive provides money that is not available under the normal Performance Funding System. It provides a way to leverage federal construction dollars with outside dollars to get the work done.” *Russell Bubb, Energy Manager, Atlanta Housing Authority, GA*

- 	“My recommendation to housing authority executives is that HUD’s incentive plan can be a very important part of improving housing operations. Failing to take advantage of these HUD incentives does not make any sense.” *Ken Garret, Executive Director, Hendersonville Housing Authority, NC*

- 	“Without a performance contract, I don’t know how we would ever get the work done. We would not be able to manage the project, nor could we afford it.” *David Kaufman, Executive Director, Monticello Housing Authority, NY*

- 	“We haven’t looked back. We haven’t had second thoughts in any way!” *Don Stancil, Chief Financial Officer, Kinston Housing Authority, NC*

## HUD Approval Points

- RFP
- Energy and Water Audit Agreement
- Fuel Baseline
- Energy and Water Services Agreement

**HUD Approval Points**

## Utility Restructuring and Rate Negotiations

- Natural gas industry has deregulated
- Electric industry is deregulating state by state
- Provides opportunities to purchase utilities from alternative sources and save money

## Rate Reduction Incentive

- Rate Reductions
- 	If a PHA takes specific actions to reduce the utility rates it pays, such as through administrative appeals or legal actions, the PHA may share in the savings, on a 50/50 matching basis
- Purchasing fuel from a supplier other than your local distribution company qualifies for this incentive
-  E.g. Transporting gas or “retail wheeling” of electricity

**Notes:**
Implementing Regulations: Issued
September 11, 1991, in the Federal Register
•	Incentive 1.
	»	Sharing of Energy Rate Reductions 990.110(c)(1)(i)
		–	If a PHA takes specific actions to reduce the utility rates it pays, such as through wellhead purchase of natural gas or through administrative appeals or legal actions, the PHA may share in the savings, on a 50/50 matching basis:

## Rate Reduction Incentive

- –	Actions must be specific to the PHA and must represent greater action than general participation in a rate-setting proceeding.
- –	PHA must monitor and document savings
- Currently, no time limit on the duration of savings kept by the housing authority

**Implementing Regulations: Issued **
**September 11, 1991, in the Federal Register**
**(cont.)**

**Rate Reduction Incentive**

**Notes:**
Implementing Regulations: Issued
September 11, 1991, in the Federal Register (continued)
–	50% of the decreases may be kept by the PHA (no time limitation) 50% must be returned as part of each PHA’s post year utility settlement.
–	These actions must be specific to the PHA and must represent greater action than general participation in a rate-setting proceeding.
–	Saving must be monitored and must be documented by the PHA.

## Rate Reduction Incentive

- For best price, need to track utility usage
- Many options for purchasing - simple to complex
- Options vary by state and local utility

## Summary

- Allows HA to leverage private capital and expand budgets
- Allows implementation of capital projects that might not otherwise be affordable at the time
- Provides mechanism to bring extra non-capital funds to the HA
- excess savings from a performance contract
- savings from the rate reduction incentive
- Encourages HAs to be proactive on savings energy