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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 10:10:5.0.2.5.40.1.16.1 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | A | Subpart A—General Provisions | 905.1 | § 905.1 What are the purposes of the Energy Planning and Management Program? | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16795, Mar. 30, 2000, unless otherwise noted. | The purposes of the Energy Planning and Management Program (EPAMP) are to meet the objectives of Section 114 of the Energy Policy Act of 1992 (EPAct) and to extend long-term firm power resource commitments while supporting customer integrated resource planning (IRP); demand-side management (DSM), including energy efficiency, conservation, and load management; and the use of renewable energy. Subpart B, Integrated Resource Planning, allows customers of the Western Area Power Administration (Western) to meet the objectives of section 114 of EPAct through integrated resource planning or by other means, such as attaining a minimum level of investment in energy efficiency and/or renewable energy, collecting a charge to support defined public benefits, or complying with a mandated energy efficiency and/or renewable energy reporting requirement. | ||
| 10:10:5.0.2.5.40.1.16.2 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | A | Subpart A—General Provisions | 905.2 | § 905.2 What are the key definitions of this part? | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16795, Mar. 30, 2000, unless otherwise noted. | Administrator means Western's Administrator. Customer means any entity that purchases firm capacity, with or without energy, from Western under a long-term firm power contract. The term also includes a member-based association (MBA) and its distribution or user members that receive direct benefit from Western's power, regardless of which holds the contract with Western. Energy efficiency and/or renewable energy (EE/RE) report means the report documenting energy efficiency and/or renewable energy activities imposed by a State, Tribal, or the Federal Government upon a State, Tribal, or Federal end-use customer within its jurisdiction. Integrated resource planning means a planning process for new energy resources that evaluates the full range of alternatives, including new generating capacity, power purchases, energy conservation and efficiency, cogeneration and district heating and cooling applications, and renewable energy resources, to provide adequate and reliable service to a customer's electric consumers. Integrated resource planning cooperative (IRP cooperative) means a group of Western's customers and/or their distribution or user members with geographic, resource supply, or other similarities that have joined together, with Western's approval, to complete an IRP. Member-based association (MBA) means: (1) An entity composed of member utilities or user members, or (2) An entity that acts as an agent for, or subcontracts with, but does not assume power supply responsibility for its principals or subcontractors, who are its members. Minimum investment report means the report documenting a mandatory minimum level of financial or resource investment in demand-side management (DSM) initiatives, including energy efficiency and load management, and/or renewable energy activities, such as investment of a set minimum percentage of the utility's gross revenues in renewable energy, which is imposed by State, Tribal, or Federal law upon a customer under its jurisdiction. For the purposes of this part, the … | ||
| 10:10:5.0.2.5.40.2.16.1 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | B | Subpart B—Integrated Resource Planning | 905.10 | § 905.10 Who must comply with the integrated resource planning and reporting regulations in this subpart? | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | (a) Integrated resource plans (IRP) and alternatives. Each Western customer must address its power resource needs in an IRP prepared and submitted to Western as described in this subpart. Alternatively, Western customers may submit a small customer plan, minimum investment report or EE/RE report as provided in this subpart. (b) Rural Utility Service and state utility commission reports. For customers subject to IRP filings or other electrical resource use reports from the Rural Utilities Service or a state utility commission, nothing in this part requires a customer to take any action inconsistent with those requirements. | ||
| 10:10:5.0.2.5.40.2.16.10 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | B | Subpart B—Integrated Resource Planning | 905.19 | § 905.19 How are plans and reports reviewed and approved? | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | Western will review all plans and reports submitted under this subpart and notify the submitting entity of the plan's or report's acceptability within 120 days after receiving it. If a plan or report submittal is insufficient, Western will provide a notice of deficiencies to the entity that submitted the plan or report. Western, working together with the entity, will determine the time allowable for resubmitting the plan or report. However, the time allowed for resubmittal will not be greater than 9 months after the disapproval date, unless otherwise provided by applicable contract language. | ||
| 10:10:5.0.2.5.40.2.16.11 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | B | Subpart B—Integrated Resource Planning | 905.20 | § 905.20 When are customers in noncompliance with the regulations in this subpart, and how does Western ensure compliance? | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | (a) Good faith effort to comply. If it appears that a customer's activities may be inconsistent with the applicable IRP, small customer plan, minimum investment report or EE/RE report, Western will notify the customer and offer the customer 30 days to provide evidence of its good faith effort to comply. If the customer does not correct the specified deficiency or submit such evidence, or if Western finds, after receiving information from the customer, that a good faith effort has not been made, Western will impose a penalty. (b) Penalties for noncompliance. Western will impose a penalty on long-term firm power customers for failing to submit or resubmit an acceptable IRP and action plan, small customer plan, minimum investment report or EE/RE report as required by this subpart. Western will also impose a penalty when the customer's activities are not consistent with the applicable plan or report unless Western finds that a good faith effort has been made to comply with the approved plan or report. (c) Written notification of penalty. Western will provide written notice of a penalty to the customer, and to the MBA or IRP cooperative when applicable. The notice will specify the reasons for the penalty. (d) Penalty options. (1) Beginning with the first full billing period following the notice specified in paragraph (c) of this section, Western will impose a surcharge of 10 percent of the monthly power charges until the deficiency specified in the notice is cured, or until 12 months pass. However, Western will not immediately impose a penalty if the customer or its MBA or IRP cooperative requests reconsideration by filing a written appeal under § 905.21. (2) The surcharge increases to 20 percent for the second 12 months and to 30 percent per year thereafter until the deficiency is cured. (3) After the first 12 months of the surcharge and instead of imposing any further surcharge, Western may impose a penalty that would reduce the resource delivered under a customer's long-term firm power contract(s) by 1… | ||
| 10:10:5.0.2.5.40.2.16.12 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | B | Subpart B—Integrated Resource Planning | 905.21 | § 905.21 What is the administrative appeal process? | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | (a) Filing written appeals with Western. If a customer disagrees with Western's decision on the acceptability of its IRP, small customer plan, minimum investment report or EE/RE report submittal, its compliance with an approved plan or report, or any other compliance issue, the customer may request reconsideration by filing a written appeal with the appropriate Regional Manager. Customers may submit appeals any time such disagreements occur and should be specific as to the nature of the issue, the reasons for the disagreement, and any other pertinent facts the customer believes should be brought to Western's attention. The Regional Manager will respond within 45 days of receiving the appeal. If resolution is not achieved at the Regional Office level, the customer may appeal to the Administrator, who will respond within 30 days of receiving the appeal. (b) Alternative dispute resolution. Upon request, Western will agree to use mutually agreeable alternative dispute resolution procedures, to the extent allowed by law, to resolve issues or disputes relating to compliance with the regulations in this subpart. (c) Penalties during appeal. Western will not impose a penalty while an appeal process is pending. However, if the appeal is unsuccessful for the customer, Western will impose the penalty retroactively from the date the penalty would have been assessed if an appeal had not been filed. (d) Meeting other requirements during appeal process. A written appeal or use of alternative dispute resolution procedures does not suspend other reporting and compliance requirements. | ||
| 10:10:5.0.2.5.40.2.16.13 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | B | Subpart B—Integrated Resource Planning | 905.22 | § 905.22 How does Western periodically evaluate customer actions? | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | (a) Periodic review of customer actions. Western will periodically evaluate customer actions to determine whether they are consistent with the approved IRP or minimum investment report. Small customer plans and EE/RE reports are not subject to this periodic review. (b) Reviewing representative samples of plans and reports. Western will periodically review a representative sample of IRPs and minimum investment reports, and the customer's implementation of the applicable plan or report from each of Western's Regions. The samples will reflect the diverse characteristics and circumstances of the customers that purchase power from Western. These reviews will be in addition to, and separate and apart from, the review of initial and updated IRPs and minimum investment reports to ensure compliance with this subpart. (c) Scope of periodic reviews. Periodic reviews may consist of any combination of review of the customer's annual IRP progress reports, minimum investment letters, telephone interviews, or on-site visits. Western will document these periodic reviews and may report on the results of the reviews in Western's annual report. | ||
| 10:10:5.0.2.5.40.2.16.14 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | B | Subpart B—Integrated Resource Planning | 905.23 | § 905.23 What are the opportunities for using the Freedom of Information Act to request plan and report data? | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | [73 FR 35062, June 20, 2008] | IRPs, small customer plans, minimum investment reports and EE/RE reports and associated data submitted to Western are subject to the Freedom of Information Act (FOIA) and may be made available to the public upon request. IRPs must be posted on a customer's publicly available Web site or on Western's Web site. Customers posting their IRPs on their own Web site must notify Western of this decision when they submit their IRP. A hotlink on Western's Web site to IRPs posted on customer Web sites gives interested parties ready access to those IRPs. Western will post on its Web site the IRPs of customers that do not post on their own Web sites. Prior to posting, Western will provide the customer the opportunity to submit its views on whether information contained in the IRP is exempt from the FOIA's mandatory public disclosure requirements. Customers may request confidential treatment of all or part of a submitted document consistent with FOIA exemptions. Western will determine whether particular information is exempt from public access. Western will not disclose to the public information it has determined to be exempt, recognizing that certain competition-related customer information may be proprietary. | |
| 10:10:5.0.2.5.40.2.16.15 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | B | Subpart B—Integrated Resource Planning | 905.24 | § 905.24 Will Western conduct reviews of this program? | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | Yes, Western may periodically initiate a public process to review the regulations in this subpart to determine whether they should be revised to reflect changes in technology, needs, or other developments. | ||
| 10:10:5.0.2.5.40.2.16.2 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | B | Subpart B—Integrated Resource Planning | 905.11 | § 905.11 What must an IRP include? | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | [65 FR 16795, Mar. 30, 2000, as amended at 73 FR 35062, June 20, 2008] | (a) General. Integrated resource planning is a planning process for new energy resources that evaluates the full range of alternatives, including new generating capacity, power purchases, energy conservation and efficiency, cogeneration and district heating and cooling applications, and renewable energy resources, to provide adequate and reliable service to a customer's electric consumers. An IRP supports customer-developed goals and schedules. The plan must take into account necessary features for system operation, such as diversity, reliability, dispatchability, and other risk factors; must take into account the ability to verify energy savings achieved through energy efficiency and the projected durability of such savings measured over time; and must treat demand and supply resources on a consistent and integrated basis. (b) IRP criteria. IRPs must consider electrical energy resource needs and may consider, at the customer's option, water, natural gas, and other energy resources. Each IRP submitted to Western must include: (1) Identification of resource options. Identification and comparison of resource options is an assessment and comparison of existing and future supply-and demand-side resource options available to a customer based upon its size, type, resource needs, geographic area, and competitive situation. Resource options evaluated by the specific customer must be identified. The options evaluated should relate to the resource situation unique to each Western customer as determined by profile data (such as service area, geographical characteristics, customer mix, historical loads, projected growth, existing system data, rates, and financial information) and load forecasts. Specific details of the customer's resource comparison need not be provided in the IRP itself. They must, however, be made available to Western upon request. (i) Supply-side options include, but are not limited to, purchased power contracts and conventional and renewable generation options. (ii) Demand-side options alter th… | |
| 10:10:5.0.2.5.40.2.16.3 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | B | Subpart B—Integrated Resource Planning | 905.12 | § 905.12 How must IRPs be submitted? | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | [65 FR 16795, Mar. 30, 2000, as amended at 73 FR 35062, June 20, 2008] | (a) Number of IRPs submitted. Except as provided in paragraph (c) of this section, one IRP is required per customer, regardless of the number of long-term firm power contracts between the customer and Western. (b) Method of submitting IRPs. Customers must submit IRPs to Western under one of the following options: (1) Customers may submit IRPs individually. (2) MBAs may submit IRPs for each of their members or submit one IRP on behalf of all or some of their members. An IRP submitted by an MBA must specify the responsibilities and participation levels of individual members and the MBA. Any member of an MBA may submit an individual IRP to Western instead of being included in an MBA IRP. (3) Customers may submit IRPs as regional/IRP cooperatives when previously approved by Western. Western encourages customers to prepare “regional” IRPs. Regional IRPs are voluntary and participants need not be members of an MBA or a Western customer. Regional/IRP cooperatives may also submit small customer plans, minimum investment reports, and EE/RE reports on behalf of eligible IRP cooperative members. (c) Alternatives to submitting individual IRPs. Customers with Western approval to submit small customer plans, minimum investment or EE/RE reports may substitute the applicable plan or report instead of an IRP. Each customer that intends to seek approval for IRP cooperative, small customer, minimum investment report or EE/RE report status must provide advance written notification to Western. A new customer must provide this notification to the Western Regional Manager of the Region in which the customer is located within 30 days from the time it becomes a customer. Any customer may resubmit an IRP or notify Western of its plan to change its compliance method at any time so long as there is no period of noncompliance. | |
| 10:10:5.0.2.5.40.2.16.4 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | B | Subpart B—Integrated Resource Planning | 905.13 | § 905.13 When must IRPs be submitted? | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | (a) Submitting the initial IRP. Except as provided in paragraph (c) of this section, customers that have not previously had an IRP approved by Western must submit the initial IRP to the appropriate Regional Manager no later than 1 year after May 1, 2000, or after becoming a customer, whichever is later. (b) Updates and amendments to IRPs. Customers must submit updated IRPs to the appropriate Regional Manager every 5 years after Western's approval of the initial IRP. Customers that complied with Western's IRP regulations in effect before May 1, 2000 must maintain their submission and resubmission schedules previously in effect. Customers may submit amendments and revisions to IRPs at any time. (c) IRP cooperatives. Customers with geographic, resource supply, and other similarities may join together and request, in writing, Western's approval to become an IRP cooperative. Western will respond to IRP cooperative status requests within 30 days of receiving a request. If Western disapproves a request for IRP cooperative status, the requesting participants must maintain their currently applicable integrated resource or small customer plans, or submit the initial IRPs no later than 1 year after the date of the disapproval letter. Western's approval of IRP cooperative status will not be based on any potential participant's contractual status with Western. Each IRP cooperative must submit an IRP for its participants within 18 months after Western approves IRP cooperative status. | ||
| 10:10:5.0.2.5.40.2.16.5 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | B | Subpart B—Integrated Resource Planning | 905.14 | § 905.14 Does Western require annual IRP progress reports? | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | Yes, customers must submit IRP progress reports each year within 30 days of the anniversary date of the approval of the currently applicable IRP. The reports must describe the customer's accomplishments achieved under the action plan, including projected goals and implementation schedules, and energy and capacity benefits and renewable energy developments achieved as compared to those anticipated. Western prefers measured values, but will accept reasonable estimates if measurement is infeasible or not cost-effective. Instead of a separate progress report, the customer may use any other annual report that the customer submits to Western or another entity, at the customer's discretion, if that report contains all required data for the previous full year and is submitted within 30 days of the approval anniversary date of the currently applicable IRP. With Western's approval, customers may submit reports outside of the 30-day anniversary date window. | ||
| 10:10:5.0.2.5.40.2.16.6 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | B | Subpart B—Integrated Resource Planning | 905.15 | § 905.15 What are the requirements for the small customer plan alternative? | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | (a) Requesting small customer status. Small customers may submit a request to prepare a small customer plan instead of an IRP. Requests for small customer status from electric utilities must include data on total annual energy sales and usage for the 5 years prior to the request. Western will average this data to determine overall annual energy sales and usage so that uncontrollable events, such as extreme weather, do not distort levelized energy sales and usage. Requests from end-use customers must only document that the customer does not purchase electricity for resale. Western will respond to small customer status requests within 30 days of receiving the request. If Western disapproves a request, the customer must maintain its currently applicable IRP, or submit the initial IRP no later than 1 year after the date of the disapproval letter. Alternatively, the customer may submit a request for minimum investment report or EE/RE report status, as appropriate. (b) Small customer plan contents. Small customer plans must: (1) Consider all reasonable opportunities to meet future energy service requirements using demand-side management techniques, renewable energy resources, and other programs that provide retail consumers with electricity at reasonable cost; (2) Minimize, to the extent practical, adverse environmental effects; and (3) Present in summary form the following information: (i) Customer name, address, phone number, email and Website if applicable, and contact person; (ii) Type of customer; (iii) Current energy and demand profiles and data on total annual energy sales and usage for the previous 5 years for utility customers, or current energy and demand use for end-use customers; (iv) Future energy services projections; (v) How items in paragraphs (b)(1) and (b)(2) of this section were considered; and (vi) Actions to be implemented over the customer's planning timeframe. (c) When to submit small customer plans. Small customers must submit the first small customer plan to the appropriate Wes… | ||
| 10:10:5.0.2.5.40.2.16.7 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | B | Subpart B—Integrated Resource Planning | 905.16 | § 905.16 What are the requirements for the minimum investment report alternative? | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | (a) Request to submit the minimum investment report. Customers may submit a request to prepare a minimum investment report instead of an IRP. Minimum investment reports may be submitted by MBAs on behalf of the MBA or its members, and by IRP cooperatives on behalf of its participants. Requests to submit minimum investment reports must include data on: (1) The source of the minimum investment requirement (number, title, date, and jurisdiction of law); (2) The initial, annual, and other reporting requirement(s) of the mandate, if any; and (3) The mandated minimum level of investment or public benefits charge for DSM and/or renewable energy. (b) Minimum investment requirement. The minimum investment must be either: (1) A mandatory set percentage of customer gross revenues or other specific minimum investment in DSM and/or renewable energy mandated by a State, Tribal, or Federal Government with jurisdictional authority; or (2) A required public benefits charge, including charges to be collected for and spent on DSM; renewable energy; efficiency and alternative energy-related research and development; low-income energy assistance; and any other applicable public benefits category, mandated by a State, Tribal, or Federal Government with jurisdictional authority. Participation in a public benefits program requires either a mandatory set percentage of customer gross revenues or other specific charges to be applied toward the programs as determined by the applicable State, Tribal, or Federal authority. The revenues from the public benefits charge may be expended directly by the customer, or by another entity on behalf of the customer as determined by the applicable State, Tribal, or Federal authority. (c) Multi-state entities. For those customers with service territories lying in more than one State or Tribal jurisdiction, and where at least one of the States or Tribal jurisdictions has a mandated minimum investment requirement, to meet this alternative customers must use the highest requirement from the Stat… | ||
| 10:10:5.0.2.5.40.2.16.8 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | B | Subpart B—Integrated Resource Planning | 905.17 | § 905.17 What are the requirements for the energy efficiency and/or renewable energy report (EE/RE report) alternative? | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | (a) Requests to submit an EE/RE report. End-use customers may submit a request to prepare an EE/RE report instead of an IRP. Requests to submit EE/RE reports must include data on: (1) The source of the EE/RE reporting requirement (number, title, date, and jurisdiction of law or regulation); (2) The initial, annual, and other reporting requirement(s) of the report; and (3) A summary outline of the EE/RE report's required data or components, including any requirements for documenting customer energy efficiency and renewable energy activities. (b) EE/RE report requirement. The EE/RE report is based on a mandate by a State, Tribal, or Federal Government to implement energy efficiency and/or renewable energy activities within a specified timeframe, for which there is also an associated reporting requirement. The EE/RE report may include only electrical resource use and energy efficiency and/or renewable energy activities, or may additionally include other resource information, such as water and natural gas data. At a minimum, the EE/RE report must annually document energy efficiency and/or renewable energy activities undertaken by the end-use customer. (c) Western's response to EE/RE report requests. Western will respond to requests to accept EE/RE reports within 30 days of receiving the request. If Western disapproves a request to allow use of the EE/RE report, the customer must maintain its currently applicable IRP or small customer plan, or submit its initial IRP no later than 1 year after the date of the disapproval letter. Alternatively, the customer may submit a request for small customer plan or minimum investment report, as appropriate, within 30 days after the date of the disapproval letter. (d) EE/RE report contents. EE/RE reports must include: (1) Customer name, address, phone number, email and Website if applicable, and contact person; (2) Authority or requirement to complete the EE/RE report, including the source of the requirement (number, title, date, and jurisdiction of law); and (3) A… | ||
| 10:10:5.0.2.5.40.2.16.9 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | B | Subpart B—Integrated Resource Planning | 905.18 | § 905.18 What are the criteria for Western's approval of submittals? | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | (a) Approval criteria. Western will approve all plans and reports based upon: (1) Whether the plan or report satisfactorily addresses the criteria in the regulations in this subpart; and (2) The reasonableness of the plan or report given the size, type, resource needs, geographic area, and competitive situation of the customer. (b) Review of resource choices. Western will review resource choices using section 114 of EPAct and this subpart. Western will disapprove plans and reports if Western deems that they do not meet the reasonableness criteria in paragraph (a)(2) of this section or the provisions of section 114 of EPAct. (c) Accepting plans and reports under other initiatives. If a customer or group of customers implements integrated resource planning under a program responding to other Federal, Tribal, or State initiatives, Western will accept and approve the plan or report as long as it substantially complies with the requirements of this subpart. (d) Water-based plans and reports. In evaluating a plan or report, Western will consider water planning, efficiency improvements, and conservation in the same manner it considers energy planning and efficiencies. Customers that provide water utility services and customers that service irrigation load as part of their overall load may include water conservation activities in their plans or reports. To the extent practical, customers should convert reported water savings to energy values. | ||
| 10:10:5.0.2.5.40.3.16.1 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | C | Subpart C—Power Marketing Initiative | 905.30 | § 905.30 Purpose and applicability. | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | (a) The Power Marketing Initiative (PMI) provides a framework for marketing Western's long-term firm hydroelectric resources. For covered projects, Western will make a major portion of the resources currently under contract available to existing long-term firm power customers for a period of time beyond the expiration date of their current contracts. (b) The Western projects covered by this subpart are the Pick-Sloan Missouri Basin Program—Eastern Division and the Loveland Area Projects (LAP). The PMI applies to covered projects to the extent it is consistent with other contractual and legal rights, and subject to any applicable project-specific environmental requirements. | ||
| 10:10:5.0.2.5.40.3.16.2 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | C | Subpart C—Power Marketing Initiative | 905.31 | § 905.31 Term. | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | Western will extend resource commitments for 20 years from the date existing contracts expire to existing customers with long-term firm power contracts from projects identified in section 905.30(b). | ||
| 10:10:5.0.2.5.40.3.16.3 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | C | Subpart C—Power Marketing Initiative | 905.32 | § 905.32 Resource extensions and resource pool size. | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | (a) Western will extend a project-specific percentage of the marketable resource, determined to be available at the time future resource extensions begin, to existing customers with long-term firm power contracts. The remaining unextended power will be used to establish project-specific resource pools. An initial level of 96 percent of the marketable resource will be extended for the Pick-Sloan Missouri Basin Program—Eastern Division and the Loveland Area Projects. (b) At two 5-year intervals after the effective date of the extension to existing customers, Western shall create a project-specific resource pool increment of up to an additional 1 percent of the long-term marketable resource under contract at the time. The size of the additional resource pool increment shall be determined by Western based on consideration of the actual fair-share needs of eligible new customers and other appropriate purposes. (c) The initial pool percentages shall be applied to the marketable resource determined to be available at the time future resource extensions begin. Subsequent percentages shall be applied to the resource under contract at the time. (d) The additional resource pool increments shall be established by pro rata withdrawals, on 2 years' notice, from then-existing customers. Withdrawals could be mitigated or delayed if good water conditions exist. (e) Once the extensions for existing customers and allocations to new customers from the resource pool have been made, additional power resources may become available for various reasons. Any additional available resources will be used as follows: (1) If power is reserved for new customers but not allocated, or resources are offered but not placed under contract, this power will be offered on a pro rata basis to customers that contributed to the resource pool through application of the extension formula in § 905.33. (2) If power resources become available as a result of the enhancement of existing generation, project-use load efficiency upgrades, the development of n… | ||
| 10:10:5.0.2.5.40.3.16.4 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | C | Subpart C—Power Marketing Initiative | 905.33 | § 905.33 Extension formula. | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | (a) The amount of power to be extended to an existing customer shall be determined according to this formula: Customer Contract Rate of Delivery (CROD) today/total project CROD under contract today × project-specific percentage × marketable resource determined to be available at the time future resource extensions begin = CROD extended. (b) Where contract rates of delivery vary by season, the formula shall be used on a seasonal basis to determine the extended power resource. A similar pro rata approach shall be used for energy extensions. (c) Determination of the amount of resource available after existing contracts expire, if significantly different from existing resource commitments, shall take place only after an appropriate public process. (d) The formula set forth in paragraph (a) of this section also should be used to determine the amounts of firm power subject to withdrawal at 5-year intervals after the effective date of the extension to existing customers, except that the percentage used would be up to 1 percent for each of the two withdrawal opportunities, and the formula would use the customer CROD, project CROD and the resource under contract at the time. | ||
| 10:10:5.0.2.5.40.3.16.5 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | C | Subpart C—Power Marketing Initiative | 905.34 | § 905.34 Adjustment provisions. | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | Western reserves the right to adjust marketable resources committed to all customers with long-term firm power contracts only as required to respond to changes in hydrology and river operations, except as otherwise expressly provided in these regulations. Under contracts that extend resources under this PMI, existing customers shall be given at least 5 years' notice before adjustments are made. New customers may receive less notice. The earliest that any notice under this section shall become effective is the date that existing contractual commitments expire. Any adjustment shall only take place after an appropriate public process. Withdrawals to serve project use and other purposes provided for by contract shall continue to take place based on existing contract/marketing criteria principles. | ||
| 10:10:5.0.2.5.40.3.16.6 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | C | Subpart C—Power Marketing Initiative | 905.35 | § 905.35 New customer eligibility. | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | (a) Allocations to new customers from the project-specific resource pools established under § 905.32 shall be determined through separate public processes in each project's marketing area. New customers receiving an allocation must execute a long-term firm power contract to receive the allocated power and are required to comply with the IRP requirements in this part. Contracts with new customers shall expire on the same date as firm power contracts with all other customers of a project. (b) To be eligible for an allocation, a potential new customer must be a preference entity, as defined in Reclamation law, within the currently established marketing area for a project. (c) Entities that desire to purchase power from Western for resale to consumers, including municipalities, cooperatives, public utility districts and public power districts, must have utility status. Native American tribes are not subject to this requirement. Utility status means that the entity has responsibility to meet load growth, has a distribution system, and is ready, willing, and able to purchase power from Western on a wholesale basis for resale to retail consumers. To be eligible to apply for power available from a project's initial resource pool, those entities that desire to purchase Western power for resale to consumers must have attained utility status by December 31, 1996, for the Pick-Sloan Missouri Basin Program—Eastern Division, and by September 30, 2000, for the Loveland Area Projects. To be eligible to apply for power from subsequent resource pool increments, these entities must have attained utility status no later than 3 years prior to availability of the incremental addition to the resource pool. Deadlines for attaining utility status for other projects will be established at a later date. | ||
| 10:10:5.0.2.5.40.3.16.7 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | C | Subpart C—Power Marketing Initiative | 905.36 | § 905.36 Marketing criteria. | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | Western shall retain applicable provisions of existing marketing criteria for projects where resource commitments are extended beyond the current expiration date of long-term firm power sales contracts. Western must retain important marketing plan provisions such as classes of service, marketing area, and points of delivery, to the extent that these provisions are consistent with the PMI. The PMI, eligibility and allocation criteria for potential new customers, retained or amended provisions of existing marketing criteria, the project-specific resource definition, and the size of a project-specific resource pool shall constitute the future marketing plan for each project. | ||
| 10:10:5.0.2.5.40.3.16.8 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | C | Subpart C—Power Marketing Initiative | 905.37 | § 905.37 Process. | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | Modified contractual language shall be required to place resource extensions under contract. Resource extensions and allocations to new customers from the initial resource pool will take effect when existing contracts expire. These dates are December 31, 2000, for the Pick-Sloan Missouri Basin Program—Eastern Division and September 30, 2004, for the Loveland Area Projects. For the Pick-Sloan Missouri Basin Program—Eastern Division, Western will offer contracts to existing customers for resource extensions no sooner than the effective date of the final regulations. For the Loveland Area Projects, existing contracts provide for potential adjustments to marketable resources in 1999. No contracts will be offered to existing customers for post-2004 Loveland Area Projects resources until the analysis of potential resource adjustments in 1999 has been completed and any adjustments are implemented. Existing power sales contracts require that this analysis be completed by 1996. | ||
| 10:10:5.0.2.5.40.4.16.1 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | D | Subpart D—Energy Services | 905.40 | § 905.40 Technical assistance. | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 65 FR 16796, Mar. 30, 2000, unless otherwise noted. | Western shall establish a program that provides technical assistance to customers to conduct integrated resource planning, implement applicable IRPs and small customer plans, and otherwise comply with the requirements of these regulations. | ||
| 10:10:5.0.2.5.40.5.16.1 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | E | Subpart E—Final Principles of Integrated Resource Planning for Western Resource Acquisition | 905.50 | § 905.50 Resource acquisition principles. | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 79 FR 56481, Sept. 22, 2014, unless otherwise noted. | Western's resource acquisition activities will be determined by project-specific power marketing plans, hydropower production capability, and the application of the following principles of IRP: (a) Western will consider a full range of resource options, both supply-side and demand-side, as well as renewable resource options. (b) On a project-by-project basis, Western, through a public process involving interested stakeholders will develop criteria to be used in evaluating power resource alternatives. (c) Evaluation criteria will address cost, environmental impact, dependability, dispatchability, risk, diversity, and the ability to verify demand-side alternatives. Evaluation criteria will be reviewed as the need for resources changes or when long-term commitments to purchase power expire. (d) Evaluation criteria will be consistent with Western's power marketing policy, which states that Federal power is to be marketed in such a manner as to encourage the most widespread use thereof at the lowest possible rates to consumers consistent with sound business principles. The policy, found in Delegation Order No. 00-037.00A, is derived from statutes authorizing the sale of power from both Department of the Army and Department of the Interior hydroelectric projects. These statutes include section 5 of the Flood Control Act of 1944, 16 U.S.C. 825(s) and section 9(c) of the Reclamation Project Act of 1939. (e) Resource acquisition planning will be consistent with power marketing plans and associated contractual obligations. (f) Resource acquisition decisions will be documented and made available to Western's power customers and the public. | ||
| 10:10:5.0.2.5.40.5.16.2 | 10 | Energy | III | 905 | PART 905—ENERGY PLANNING AND MANAGEMENT PROGRAM | E | Subpart E—Final Principles of Integrated Resource Planning for Western Resource Acquisition | 905.51 | § 905.51 Transmission planning principles. | DOE | 42 U.S.C. 7152, 7191; 42 U.S.C. 7275-7276c. | 79 FR 56481, Sept. 22, 2014, unless otherwise noted. | Western's transmission planning is conducted to assess the capability of the Federal transmission system to provide adequate and reliable electric service to its customers and the interconnected power grid. These planning efforts occur as part of its participation in regional and sub-regional planning entities as well as Western's Open Access Transmission Tariff. | ||
| 15:15:4.1.2.1.5.0.17.1 | 15 | Commerce and Foreign Trade | IX | A | 905 | PART 905—USE IN ENFORCEMENT PROCEEDINGS OF INFORMATION COLLECTED BY VOLUNTARY FISHERY DATA COLLECTORS | 905.1 | § 905.1 Scope. | NOAA | 16 U.S.C. 1853(f). | 60 FR 39251, Aug. 2, 1995, unless otherwise noted. | This part applies to the use, in enforcement proceedings conducted pursuant to the Magnuson Act, the MMPA, and the ESA, of information collected by voluntary fishery data collectors. | |||
| 15:15:4.1.2.1.5.0.17.2 | 15 | Commerce and Foreign Trade | IX | A | 905 | PART 905—USE IN ENFORCEMENT PROCEEDINGS OF INFORMATION COLLECTED BY VOLUNTARY FISHERY DATA COLLECTORS | 905.2 | § 905.2 Definitions. | NOAA | 16 U.S.C. 1853(f). | 60 FR 39251, Aug. 2, 1995, unless otherwise noted. | When used in this part: Consenting owner means the owner, operator, or crewmember of a vessel carrying a voluntary fishery data collector. Enforcement proceeding means any judicial or administrative trial or hearing, initiated for the purpose of imposing any civil or criminal penalty authorized under the Magnuson Act, MMPA, or ESA, including but not limited to, any proceeding initiated to: Impose a monetary penalty; modify, sanction, suspend or revoke a lease, license or permit; secure forfeiture of seized property; or incarcerate an individual. ESA means the Endangered Species Act, as amended, 16 U.S.C. 1531 et seq. , and implementing regulations. Information means all observations, data, statistics, photographs, film, or recordings collected by a voluntary fishery data collector for conservation and management purposes, as defined by the Magnuson Act, MMPA, or ESA, while onboard the vessel of a consenting owner. Magnuson Act means the Magnuson Fishery Conservation and Management Act, as amended, 16 U.S.C. 1801 et seq. , and implementing regulations. MMPA means the Marine Mammal Protection Act, as amended, 16 U.S.C. 1361 et seq., and implementing regulations. Secretary means the Secretary of Commerce, the Secretary of the Interior, their chosen designees, or any other Federal agency authorized to enforce the provisions of the Magnuson Act, MMPA, or ESA. Vessel means any vessel as defined at 16 U.S.C. 1802(31). Voluntary fishery data collector means: (1) Any person, including an observer or a sea sampler; (2) Placed aboard a vessel by the Secretary; (3) For the purpose of collecting information; and (4) Whose presence aboard that vessel is not required by the Secretary pursuant to provisions of the Magnuson Act, MMPA, or ESA, or their implementing regulations. | |||
| 15:15:4.1.2.1.5.0.17.3 | 15 | Commerce and Foreign Trade | IX | A | 905 | PART 905—USE IN ENFORCEMENT PROCEEDINGS OF INFORMATION COLLECTED BY VOLUNTARY FISHERY DATA COLLECTORS | 905.3 | § 905.3 Access to information. | NOAA | 16 U.S.C. 1853(f). | 60 FR 39251, Aug. 2, 1995, unless otherwise noted. | Information collected by a voluntary fishery data collector: (a) Is subject to disclosure to both the Secretary and the public, to the extent required or authorized by law; and (b) Is subject to discovery by any party to an enforcement proceeding, to the extent required or authorized by law. | |||
| 15:15:4.1.2.1.5.0.17.4 | 15 | Commerce and Foreign Trade | IX | A | 905 | PART 905—USE IN ENFORCEMENT PROCEEDINGS OF INFORMATION COLLECTED BY VOLUNTARY FISHERY DATA COLLECTORS | 905.4 | § 905.4 Use of information. | NOAA | 16 U.S.C. 1853(f). | 60 FR 39251, Aug. 2, 1995, unless otherwise noted. | (a) Except as provided for in paragraph (b) of this section, information collected by a voluntary fishery data collector may not be introduced by the Secretary as evidence against any consenting owner that is a party to an enforcement proceeding. (b) Provided that all applicable evidentiary requirements are satisfied: (1) Information collected by a voluntary fishery data collector may be introduced in an enforcement proceeding by any party except the Secretary; (2) If information is introduced pursuant to paragraph (b)(1) of this section, all information collected by a voluntary fishery data collector may be introduced by any other party, including the Secretary. (c) Independent evidence derived from information collected by a voluntary fishery data collector may be introduced by any party, including the Secretary, in an enforcement proceeding. | |||
| 15:15:4.1.2.1.5.0.17.5 | 15 | Commerce and Foreign Trade | IX | A | 905 | PART 905—USE IN ENFORCEMENT PROCEEDINGS OF INFORMATION COLLECTED BY VOLUNTARY FISHERY DATA COLLECTORS | 905.5 | § 905.5 Exceptions. | NOAA | 16 U.S.C. 1853(f). | 60 FR 39251, Aug. 2, 1995, unless otherwise noted. | The provisions of this part shall not apply in any enforcement proceeding against a consenting owner that alleges the actual or attempted: (a) Assault, intimidation, or harassment (including sexual harassment) of any person; or (b) Impairment or interference with the duties of a voluntary fishery data collector. | |||
| 24:24:4.1.3.1.5.1.5.1 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | A | Subpart A—General | 905.100 | § 905.100 Purpose, general description, and other requirements. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63770, Oct. 24, 2013, unless otherwise noted. | [78 FR 63770, Oct. 24, 2013, as amended at 80 FR 75942, Dec. 7, 2015; 81 FR 80815, Nov. 16, 2016] | (a) Purpose. The Public Housing Capital Fund Program (Capital Fund Program or CFP) provides financial assistance to public housing agencies (PHAs) and resident management corporations (RMC) (pursuant to 24 CFR 964.225) to make improvements to existing public housing. The CFP also provides financial assistance to develop public housing, including mixed-finance developments that contain public housing units. (b) General description. Congress appropriates amounts for the Capital Fund in HUD's annual appropriations. In order to receive a Capital Fund grant, the PHA must: (1) Validate project-level information in HUD's data systems, as prescribed by HUD; (2) Have an approved CFP 5-Year Action Plan; (3) Enter into a Capital Fund Annual Contributions Contract (CF ACC) Amendment to the PHA's Annual Contributions Contract (as defined in 24 CFR 5.403) with HUD; and (4) Provide a written certification and counsel's opinion that all property receiving Capital Fund assistance is under a currently effective Declaration of Trust (DOT) and is in compliance with the CF ACC and the Act. (c) Informational requirements. Section 905.300 of this part describes the information to be submitted to HUD for the CFP. HUD uses the CF formula set forth in § 905.400 of this part, along with data provided by the PHA and other information, including, but not limited to, the high-performance information from the Real Estate Assessment Center (REAC) and location cost indices, to determine each PHA's annual grant amount. HUD notifies each PHA of the amount of the grant and provides a CF ACC Amendment that must be signed by the PHA and executed by HUD in order for the PHA to access the grant. After HUD executes the CF ACC Amendment, the PHA may draw down funds for eligible costs that have been described in its CFP Annual Statement/Performance and Evaluation Report or CFP 5-Year Action Plan. (d) Eligible activities. Eligible Capital Fund costs and activities as further described in subpart B of this part include, but are not limited to… | |
| 24:24:4.1.3.1.5.1.5.2 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | A | Subpart A—General | 905.102 | § 905.102 Applicability. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63770, Oct. 24, 2013, unless otherwise noted. | All PHAs that have public housing units under an Annual Contributions Contract (ACC), as described in 24 CFR 5.403, are eligible to receive Capital Funds. | ||
| 24:24:4.1.3.1.5.1.5.3 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | A | Subpart A—General | 905.104 | § 905.104 HUD approvals. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63770, Oct. 24, 2013, unless otherwise noted. | All HUD approvals required in this part must be in writing and from an official designated to grant such approval. | ||
| 24:24:4.1.3.1.5.1.5.4 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | A | Subpart A—General | 905.106 | § 905.106 Compliance. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63770, Oct. 24, 2013, unless otherwise noted. | PHAs or owner/management entities or their partners are required to comply with all applicable provisions of this part. Execution of the CF ACC Amendment, submissions required by this part, and disbursement of Capital Fund grants from HUD are individually and collectively deemed to be the PHA's certification that it is in compliance with the provisions of this part and all other Public Housing Program Requirements. Noncompliance with any provision of this part or other applicable requirements may subject the PHA and/or its partners to sanctions contained in § 905.804 of this part. | ||
| 24:24:4.1.3.1.5.1.5.5 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | A | Subpart A—General | 905.108 | § 905.108 Definitions. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63770, Oct. 24, 2013, unless otherwise noted. | [78 FR 63770, Oct. 24, 2013, as amended at 80 FR 75942, Dec. 7, 2015] | The following definitions apply to this part: 1937 Act. The term “1937 Act” is defined in 24 CFR 5.100. Accessible. As defined in 24 CFR 8.3. ACC. The Annual Contributions Contract between HUD and a PHA covering a public housing project or multiple public housing projects. ACC Amendment. An Amendment to the ACC to reflect specific changes made to a PHA's public housing inventory or funding. An ACC Amendment may be a Capital Fund ACC Amendment, a Mixed-Finance ACC Amendment, a Capital Fund Financing ACC Amendment, or other form of amendment specified by HUD. Additional Project Costs. The sum of the following HUD-approved costs related to the development of a public housing project, which are not included in the calculation of the Total Development Cost (TDC) limit, but are included in the maximum project cost as stated in § 905.314(b). Additional project costs include the following: (1) Costs for the demolition or remediation of environmental hazards associated with public housing units that will not be rebuilt on the original site; and (2) Extraordinary site costs that have been verified by an independent state-registered, licensed engineer (e.g., removal of underground utility systems; replacement of off-site underground utility systems; extensive rock and/or soil removal and replacement; and amelioration of unusual site conditions, such as unusual slopes, terraces, water catchments, lakes, etc.); and (3) Cost effective energy-efficiency measures in excess of standard building codes. Capital Fund (CF). The fund established under section 9(d) of the 1937 Act (42 U.S.C.) 1437g(d). Capital Fund Annual Contributions Contract Amendment (CF ACC). An amendment to the Annual Contributions Contract (ACC) under the 1937 Act between HUD and the PHA containing the terms and conditions under which the Department assists the PHA in providing decent, safe, and sanitary housing for low-income families. The CF ACC must be in a form prescribed by HUD, under which HUD agrees to provide assistance in the developmen… | |
| 24:24:4.1.3.1.5.1.5.6 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | A | Subpart A—General | 905.110 | § 905.110 Incorporation by reference. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63770, Oct. 24, 2013, unless otherwise noted. | (a) Certain material is incorporated by reference into this part, with the approval of the Director of the Federal Register, under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, HUD must publish notice of change in the Federal Register and the material must be available to the public. Incorporated material is available from the sources listed below and is available for inspection at HUD's Office of Policy Development and Research, Affordable Housing Research and Technology Division, Department of Housing and Urban Development, telephone number 202-408-4370 (this is not a toll-free number). This material is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 (this is not a toll-free number) or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (b) American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Inc., 1791 Tulle Circle NE., Atlanta, GA 30329 ( http://www.ashrae.org/standards-research-technology/standards-guidelines ). (1) ASHRAE 90.1-2010, “Energy Standard for Buildings Except Low-Rise Residential Buildings,” copyright 2010, IBR approved for §§ 905.200(b) and 905.312(b) of this part. (2) [Reserved] (c) International Code Council, 500 New Jersey Avenue NW., 6th Floor, Washington, DC 20001. (1) International Energy Conservation Code (IECC), January 2009, IBR approved for §§ 905.200(b) and 905.312(b). (2) [Reserved] | ||
| 24:24:4.1.3.1.5.2.5.1 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | B | Subpart B—Eligible Activities | 905.200 | § 905.200 Eligible activities. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63773, Oct. 24, 2013, unless otherwise noted. | (a) General. Activities that are eligible to be funded with Capital Funds as identified in this section include only items specified in an approved CFP 5-Year Action Plan as identified in § 905.300, or approved by HUD for emergency and natural disaster assistance, other than presidentially declared natural disasters and emergencies. (b) Eligible activities. Eligible activities include the development, financing, and modernization of public housing projects, including the redesign, reconstruction, and reconfiguration of public housing sites and buildings (including compliance with the accessible design and construction requirements contained in 24 CFR 8.32, 24 CFR part 40, 24 CFR part 100, 28 CFR 35.151, and 28 CFR part 36, as applicable) and the development of mixed-finance projects, including the following: (1) Modernization. Modernization is defined in § 905.108 of this part; (2) Development. Development refers to activities and related costs to add units to a PHA's public housing inventory under § 905.600 of this part, including: construction and acquisition with or without rehabilitation; any and all undertakings necessary for planning, design, financing, land acquisition, demolition, construction, or equipment, including development of public housing units, and buildings, facilities, and/or related appurtenances ( i.e. , nondwelling facilities/spaces). Development of mixed-finance projects include the provision of public housing through a regulatory and operating agreement, master contract, individual lease, condominium or cooperative agreement, or equity interest. (3) Financing. Debt and financing costs (e.g., origination fees, interest) incurred by PHAs for development or modernization of PHA projects that involves the use of Capital Funds, including, but not limited to: (i) Mixed finance as described in § 905.604 of this part; (ii) The Capital Fund Financing Program (CFFP) as described in § 905.500 of this part; and (iii) Any other use authorized by the Secretary under section 30 of the 1… | ||
| 24:24:4.1.3.1.5.2.5.2 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | B | Subpart B—Eligible Activities | 905.202 | § 905.202 Ineligible activities and costs. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63773, Oct. 24, 2013, unless otherwise noted. | [78 FR 63770, Oct. 24, 2013, as amended at 80 FR 75942, Dec. 7, 2015] | The following are ineligible activities and costs for the CFP: (a) Costs not associated with a public housing project or development, as defined in § 905.604(b)(1); (b) Activities and costs not included in the PHA's CFP 5-Year Action Plan, with the exception that expenditures for emergencies and disasters, as defined in § 905.204 of this subpart, that are not identified in the 5-year Action Plan because of their emergent nature are eligible costs; (c) Improvements or purchases that are not modest in design and cost because they include amenities, materials, and design in excess of what is customary for the locality. Air conditioning is an eligible modest amenity; (d) Any costs not authorized as outlined in 2 CFR part 200, subpart E, including, but not limited to, indirect administrative costs and indemnification; (e) Public housing operating assistance, except as provided in § 905.314(l) of this part; (f) Direct provision of social services through either force account or contract labor. Examples of ineligible direct social services include, but are not limited to, salaries for social workers or GED teachers; (g) Eligible costs that are in excess of the amount directly attributable to the public housing units when the physical or management improvements, including salaries and employee benefits and contributions, will benefit programs other than public housing, such as section 8 Housing Choice Voucher or local revitalization programs; (h) Ineligible management improvements include: (1) Costs for security guards or ongoing security services (Capital Funds may only be used for the initial capital (e.g., fencing, lights, and cameras) or noncapital (e.g., training of in-house security staff) management improvements but may not be used for the ongoing costs, such as security guards after the end of the implementation period of the physical improvements); (2) General remedial education; and (3) Job counseling, job development and placement, supportive services during training, and the hiring of a resident co… | |
| 24:24:4.1.3.1.5.2.5.3 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | B | Subpart B—Eligible Activities | 905.204 | § 905.204 Emergencies and natural disasters. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63773, Oct. 24, 2013, unless otherwise noted. | (a) General. PHAs are required by the CF ACC to carry various types of insurance to protect it from loss. In most cases, insurance coverage will be the primary source of funding to pay repair or replacement costs associated with emergencies and natural disasters. Where the Department's Annual Appropriations Act establishes a set-aside from the Capital Fund appropriation for emergencies and natural disasters, the procedures in this section apply. (b) Emergencies and natural disasters. An emergency is an unforeseen or unpreventable event or occurrence that poses an immediate threat to the health and safety of the residents that must be corrected within one year of funding. A natural disaster for purposes of the Capital Fund reserve, is a non-presidentially declared disaster. In the event an emergency or natural disaster arises, HUD may require a PHA to use any other source that may legally be available, including unobligated Capital Funds, prior to providing emergency or natural disaster funds from the set-aside. The Department will review, on a case-by-case basis, requests for emergency and natural disaster funding from PHAs. (c) Procedure to request emergency or natural disaster funds. To obtain emergency or natural disaster funds, a PHA shall submit a written request in the form and manner prescribed by HUD. In a natural disaster where the PHA requires immediate relief to preserve the property and safety of the residents, the PHA may submit a preliminary request outlined in paragraph (d) of this section. Subsequently, the PHA is required to complete and submit the remaining information outlined in paragraph (e) of this section, at a time prescribed by HUD. For emergency requests, PHAs are to follow the procedures outlined in paragraph (e) of this section. (d) Procedure to request preliminary natural disaster grant for immediate preservation. A PHA may request a preliminary grant only for costs necessary for immediate preservation of the property and safety of the residents. The application should incl… | ||
| 24:24:4.1.3.1.5.3.5.1 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | C | Subpart C—General Program Requirements | 905.300 | § 905.300 Capital fund submission requirements. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63773, Oct. 24, 2013, unless otherwise noted. | (a) General. Unless otherwise stated, the requirements in this section apply to both qualified PHAs (as described in § 903.3(c) of this chapter) and nonqualified PHAs. Each PHA must complete a comprehensive physical needs assessment (PNA). (1) Applicability. Small PHAs (PHAs that own or operate fewer than 250 public housing units) must comply with the requirements of this section beginning 30 days after the end of the federal fiscal year quarter following HUD's publication of a notice in the Federal Register. (2) [Reserved] (b) Capital Fund program submission requirements. At the time that the PHA submits the ACC Amendment(s) for its Capital Fund Grants(s) to HUD, the PHA must also submit the following items: (1) CFP 5-Year Action Plan. (i) Content. The CFP 5-Year Action Plan must describe the capital improvements necessary to ensure long-term physical and social viability of the PHA's public housing developments, including the capital improvements to be undertaken within the 5-year period, their estimated costs, status of environmental review, and any other information required for participation in the CFP, as prescribed by HUD. In order to be entitled to fungibility, PHA's must have an approved 5-year Action Plan. Except in the case of emergency/disaster work, the PHA shall not spend Capital Funds on any work that is not included in an approved CFP 5-Year Action Plan and its amendments. (ii) Budget. The Capital Fund Budget for each of the 5 years shall be prepared by a PHA using the form(s) prescribed by HUD. Work items listed in the budget must include, but are not limited to, the following: (A) Where a PHA has an approved Capital Fund Financing Program (CFFP) loan, debt service payments for the grants from which the payments are scheduled; (B) Where a PHA has an approved CFFP loan, the PHA shall also include all work and costs, including debt service payments, in the CFP 5-Year Action Plan. Work associated with the use of financing proceeds will be reported separately in a form and manner … | ||
| 24:24:4.1.3.1.5.3.5.10 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | C | Subpart C—General Program Requirements | 905.318 | § 905.318 Title and deed. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63773, Oct. 24, 2013, unless otherwise noted. | The PHA, or, in the case of mixed-finance, the Owner Entity, shall obtain title insurance that guarantees the title is good and marketable before taking title to any and all sites and properties acquired with public housing funds. Immediately upon taking title to a property, the PHA or Owner Entity shall record the deed and a Declaration of Trust or, in the case of mixed finance, a Declaration of Restrictive Covenants, in the form and in the manner and order prescribed by HUD. The PHA shall at all times maintain a recorded Declaration of Trust or Declaration of Restrictive Covenants in the form and in the manner and order prescribed by HUD on all public housing projects covering the term required by this part. | ||
| 24:24:4.1.3.1.5.3.5.11 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | C | Subpart C—General Program Requirements | 905.320 | § 905.320 Contract administration and acceptance of work. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63773, Oct. 24, 2013, unless otherwise noted. | [78 FR 63770, Oct. 24, 2013, as amended at 80 FR 75942, Dec. 7, 2015] | (a) Contract administration. The PHA is responsible, in accordance with 2 CFR part 200, subpart D, for all contractual and administrative issues arising out of their procurements. The PHA shall maintain full and complete records on the history of each procurement transaction. (b) Inspection and acceptance. The PHA, or, in the case of mixed finance, the Owner Entity shall carry out inspections of work in progress and goods delivered, as necessary, to ensure compliance with existing contracts. If, upon inspection, the PHA determines that the work and/or goods are complete, satisfactory and, as applicable, otherwise undamaged, except for any work that is appropriate for delayed completion, the PHA shall accept the work. The PHA shall determine any holdback for items of delayed completion and the amount due and payable for the work that has been accepted, including any conditions precedent to payment that are stated in the construction contract or contract of sale. The contractor shall be paid for items only after the PHA inspects and accepts that work. (c) Guarantees and warranties. The PHA or, in the case of mixed finance, the Owner Entity, shall specify the guaranty period and amounts to be withheld, as applicable, and shall provide that all contractor, manufacturer, and supplier warranties required by the construction and modernization documents shall be assigned to the PHA. The PHA shall inspect each dwelling unit and the overall project approximately 3 months after the beginning of the project guaranty period, 3 months before its expiration, and at other times as may be necessary to exercise its rights before expiration of any warranties. The PHA shall require repair or replacement of all defective items prior to the expiration of the guaranty or warranty periods. (d) Notification of completion. The PHA, or in the case of mixed finance, the Owner Entity, shall require that all contractors and developers notify the PHA in writing when the contract work, including any approved off-site work, will be co… | |
| 24:24:4.1.3.1.5.3.5.12 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | C | Subpart C—General Program Requirements | 905.322 | § 905.322 Fiscal closeout. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63773, Oct. 24, 2013, unless otherwise noted. | [78 FR 63770, Oct. 24, 2013, as amended at 80 FR 75942, Dec. 7, 2015] | (a) General. Each Capital Fund grant and/or development project is subject to fiscal closeout. Fiscal closeout includes the submission of a cost certificate; an audit, if applicable; a final Performance and Evaluation Report; and HUD approval of the cost certificate. (b) Submission of cost certificate. (1) When an approved development or modernization activity is completed or when HUD terminates the activity, the PHA must submit to HUD the: (i) Actual Development Cost Certificate (ADCC) within 12 months. For purposes of the CF ACC, costs incurred between the completion of the development and the date of full availability (DOFA) becomes the actual development cost; and (ii) Actual Modernization Cost Certificate (AMCC) for each grant, no later than 12 months after the expenditure deadline but no earlier than the obligation end date. A PHA with under 250 units with an approved CFP 5-Year Action Plan for use of 100 percent of the Capital Fund grant in operations may submit the cost certificate any time after the funds have been budgeted to operations and withdrawn, as described in § 905.314(l) of this part. (2) If the PHA does not submit the cost certificate and the final CFP Annual Statement/Performance and Evaluation Report within the period prescribed in this section, HUD may impose restrictions on open Capital Fund grants; e.g., establish review thresholds, set the grant to “auto review” (HUD automatically reviews it on a periodic basis), or suspend grants, until the cost certificate for the affected grant is submitted. These restrictions may be imposed by HUD after notification of the PHA. (c) Audit. The cost certificate is a financial statement subject to audit pursuant to 2 CFR part 200, subpart F. After submission of the cost certificate to HUD, the PHA shall provide the cost certificate to its independent public auditor (IPA) as part of its annual audit. After audit, the PHA will notify HUD of the grants included in the audit, any exceptions noted by the PHA auditor, and the schedule to complete c… | |
| 24:24:4.1.3.1.5.3.5.13 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | C | Subpart C—General Program Requirements | 905.324 | § 905.324 Data reporting requirements. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63773, Oct. 24, 2013, unless otherwise noted. | The PHA shall provide, at minimum, the following data reports, at a time and in a form prescribed by HUD: (a) The Performance and Evaluation Report as described in § 905.300(b)(8) of this part; (b) Updates on the PHA's building and unit data as required by HUD; (c) Reports of obligation and expenditure; and (d) Any other information required for participation in the Capital Fund Program. | ||
| 24:24:4.1.3.1.5.3.5.14 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | C | Subpart C—General Program Requirements | 905.326 | § 905.326 Records. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63773, Oct. 24, 2013, unless otherwise noted. | (a) The PHA will maintain full and complete records of the history of each Capital Fund grant, including, but not limited to, CFP 5-Year Action Plans, procurement, contracts, obligations, and expenditures. (b) The PHA shall retain for 5 years after HUD approves either the actual development or modernization cost certificate all documents related to the activities for which the Capital Fund grant was received, unless a longer period is required by applicable law. (c) HUD and its duly authorized representatives shall have full and free access to all PHA offices, facilities, books, documents, and records, including the right to audit and make copies. | ||
| 24:24:4.1.3.1.5.3.5.2 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | C | Subpart C—General Program Requirements | 905.302 | § 905.302 Timely submission of the CF ACC amendment by the PHA. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63773, Oct. 24, 2013, unless otherwise noted. | Upon being provided with a CF ACC Amendment from HUD, the PHA must sign and date the CF ACC Amendment and return it to HUD by the date established. HUD will execute the signed and dated CF ACC Amendment submitted by the PHA. If HUD does not receive the signed and dated Amendment by the submission deadline, the PHA will receive the Capital Fund grant for that year; however, it will have less than 24 months to obligate 90 percent of the Capital Fund grant and less than 48 months to expend these funds because the PHA's obligation start date and disbursement end date for these grants will remain as previously established by HUD. | ||
| 24:24:4.1.3.1.5.3.5.3 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | C | Subpart C—General Program Requirements | 905.304 | § 905.304 CF ACC term and covenant to operate. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63773, Oct. 24, 2013, unless otherwise noted. | (a) Period of obligation to operate as public housing. The PHA shall operate all public housing projects in accordance with the CF ACC, as amended, and applicable HUD regulations, for the statutorily prescribed period. These periods shall be evidenced by a recorded DOT on all public housing property. If the PHA uses Capital Funds to develop public housing or to modernize existing public housing, the CF ACC term and the covenant to operate those projects are as follows: (1) Development activities. Each public housing project developed using Capital Funds shall establish a restricted use covenant, either in the DOT or as a Declaration of Restrictive Covenants, to operate under the terms and conditions applicable to public housing for a 40-year period that begins on the date on which the project becomes available for occupancy, as determined by HUD. (2) Modernization activities. For PHAs that receive Capital Fund assistance, the execution of each new CF ACC Amendment establishes an additional 20-year period that begins on the latest date on which modernization is completed, except that the additional 20-year period does not apply to a project that receives Capital Fund assistance only for management improvements. (3) Operating Fund. Any public housing project developed that receives Operating Fund assistance shall have a covenant to operate under requirements applicable to public housing for a 10-year period beginning upon the conclusion of the fiscal year for which such amounts were provided, except for such shorter period as permitted by HUD by an exception. (b) Mortgage or security interests. The PHA shall not allow any mortgage or security interest in public housing assets, including under section 30 of the 1937 Act (42 U.S.C. 1437z-2), without prior written approval from HUD. PHAs that undertake financing unsecured by public housing assets shall include the following nonrecourse language in all financing documents as follows: “This financing is non-recourse to any public housing property (real … | ||
| 24:24:4.1.3.1.5.3.5.4 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | C | Subpart C—General Program Requirements | 905.306 | § 905.306 Obligation and expenditure of Capital Fund grants. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63773, Oct. 24, 2013, unless otherwise noted. | (a) Obligation. A PHA shall obligate each Capital Fund grant, including formula grants, Replacement Housing Factor (RHF) grants, Demolition and Disposition Transitional Funding (DDTF) grants, and natural disaster grants, no later than 24 months after, and emergency grants no later than 12 months after, the date on which the funds become available to the PHA for obligation, except as provided in paragraphs (c) and (d) of this section. However, a PHA with unobligated funds from a grant shall disregard this requirement for up to not more than 10 percent of the originally allocated funds from that grant. The funds become available to the PHA when HUD executes the CF ACC Amendment. With HUD approval, and subject to the availability of appropriations, the PHA can accumulate RHF grants for up to 5 years or until it has adequate funds to undertake replacement housing. The PHA shall obligate 90 percent of the RHF grant within 24 months from the date that the PHA accumulates adequate funds, except as provided in paragraph (c) of this section. (b) Items and costs. For funds to be considered obligated, all items and costs must meet the definition of “obligation” in § 905.108 of this part. (c) Extension to obligation requirement. The PHA may request an extension of the obligation deadline, and HUD may grant an extension for a period of up to 12 months, based on: (1) The size of the PHA; (2) The complexity of the CFP of the PHA; (3) Any limitation on the ability of the PHA to obligate the amounts allocated for the PHA from the Capital Fund in a timely manner as a result of state or local law; or (4) Any other factors that HUD determines to be relevant. (d) HUD extension for other reasons. HUD may extend the obligation deadline for a PHA for such a period as HUD determines to be necessary, if HUD determines that the failure of the PHA to obligate assistance in a timely manner is attributable to: (1) Litigation; (2) Delay in obtaining approvals from the Federal Government or a state or local government that is n… | ||
| 24:24:4.1.3.1.5.3.5.5 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | C | Subpart C—General Program Requirements | 905.308 | § 905.308 Federal requirements applicable to all Capital Fund activities. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63773, Oct. 24, 2013, unless otherwise noted. | [78 FR 63770, Oct. 24, 2013, as amended at 80 FR 75942, Dec. 7, 2015; 85 FR 61568, Sept. 29, 2020] | (a) The PHA shall comply with the requirements of 24 CFR part 5 (General HUD Program Requirements; Waivers), 2 CFR part 200, and this part. (b) The PHA shall also comply with the following program requirements. (1) Nondiscrimination and equal opportunity. The PHA shall comply with all applicable nondiscrimination and equal opportunity requirements, including, but not limited to, the Department's generally applicable nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a) and the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq. ), and its implementing regulations at 24 CFR parts 40 and 41. The PHA shall affirmatively further fair housing in its use of funds under this part, which includes, but is not limited to, addressing modernization and development in the completion of requirements at 24 CFR 903.7(o). (2) Environmental requirements. All activities under this part are subject to an environmental review by a responsible entity under HUD's environmental regulations at 24 CFR part 58 and must comply with the requirements of the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321 et seq. ) and the related laws and authorities listed at 24 CFR 58.5. HUD may make a finding in accordance with 24 CFR 58.11 and may perform the environmental review itself under the provisions of 24 CFR part 50. In those cases where HUD performs the environmental review under 24 CFR part 50, it will do so before approving a proposed project, and will comply with the requirements of NEPA and the related requirements at 24 CFR 50.4. (3) Wage rates. (i) Davis-Bacon wage rates. For all work or contracts exceeding $2,000 in connection with development activities or modernization activities (except for nonroutine maintenance work, as defined in § 905.200(b)(5) of this part), all laborers and mechanics employed on the construction, alteration, or repair shall be paid not less than the wages prevailing in the locality, as determined by the Secretary of Labor pursuant to the Davis-Bacon Act (40 U.S… | |
| 24:24:4.1.3.1.5.3.5.6 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | C | Subpart C—General Program Requirements | 905.310 | § 905.310 Disbursements from HUD. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63773, Oct. 24, 2013, unless otherwise noted. | [78 FR 63770, Oct. 24, 2013, as amended at 80 FR 75942, Dec. 7, 2015] | (a) The PHA shall initiate a fund requisition from HUD only when funds are due and payable, unless HUD approves another payment schedule as authorized by 2 CFR 200.305. (b) The PHA shall maintain detailed disbursement records to document eligible expenditures (e.g., contracts or other applicable documents), in a form and manner prescribed by HUD. | |
| 24:24:4.1.3.1.5.3.5.7 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | C | Subpart C—General Program Requirements | 905.312 | § 905.312 Design and construction. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63773, Oct. 24, 2013, unless otherwise noted. | [78 FR 63773, Oct. 24, 2013, as amended at 81 FR 92639, Dec. 20, 2016] | The PHA shall meet the following design and construction standards, as applicable, for all development and modernization. (a) Physical structures shall be designed, constructed, and equipped to be consistent with the neighborhoods they occupy; meet contemporary standards of modest design, comfort, and livability (see also § 905.202(c) of this part); promote security; promote energy conservation; and be attractive so as to harmonize with the community. (b) All development projects shall be designed and constructed in compliance with: (1) A national building code, such as those developed by the International Code Council or the National Fire Protection Association; and the IECC or ASHRAE 90.1-2010 (both incorporated by reference, see § 905.110 of this part), for multifamily high-rises (four stories or higher), or a successor energy code or standard that has been adopted by HUD pursuant to 42 U.S.C. 12709 or other relevant authority; (2) Applicable state and local laws, codes, ordinances, and regulations; (3) Other federal requirements, including fire protection and safety standards implemented under section 31 of the Fire Administration Authorization Act of 1992, 15 U.S.C. 2227 and HUD minimum property standards (e.g., 24 CFR part 200, subpart S); (4) Accessibility Requirements as required by section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR part 8; title II of the Americans with Disabilities Act (42 U.S.C. 12101 et seq. ) and implementing regulations at 28 CFR part 35; and, if applicable, the Fair Housing Act (42 U.S.C. 3601-3619) and implementing regulations at 24 CFR part 100; and (5) Occupancy of high-rise elevator structures by families with children. Pursuant to 42 U.S.C. 1437d(a), a high-rise elevator structure shall not be provided for families with children regardless of density, unless the PHA demonstrates and HUD determines that there is no practical alternative. (c) All modernization projects shall be designed and constructed in compliance with: (1) T… | |
| 24:24:4.1.3.1.5.3.5.8 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | C | Subpart C—General Program Requirements | 905.314 | § 905.314 Cost and other limitations. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63773, Oct. 24, 2013, unless otherwise noted. | (a) Eligible administrative costs. Where the physical or management improvement costs will benefit programs other than Public Housing, such as the Housing Choice Voucher program or local revitalization programs, eligible administrative costs are limited to the amount directly attributable to the public housing program. (b) Maximum project cost. The maximum project cost represents the total amount of public housing capital assistance used in connection with the development of a public housing project, and includes: (1) Project costs that are subject to the TDC limit ( i.e. , HCC and Community Renewal Costs); and (2) Project costs that are not subject to the TDC limit ( i.e. , Additional Project Costs). The total project cost to be funded with public housing capital assistance, as set forth in the proposal and as approved by HUD, becomes the maximum project cost stated in the ACC Amendment. Upon completion of the project, the actual project cost is determined based upon the amount of public housing capital assistance expended for the project, and this becomes the maximum project cost for purposes of the ACC Amendment. (c) TDC limit. (1) Public housing funds, including Capital Funds, may not be used to pay for HCC and Community Renewal Costs in excess of the TDC limit, as determined under paragraph (b)(2) of this section. However, HOPE VI grantees will be eligible to request a TDC exception for public housing and HOPE VI funds awarded in FFY 1996 and prior years. PHAs may also request a TDC exception for integrated utility management, capital planning, and other capital and management activities that promote energy conservation and efficiency. HUD will examine the request for TDC exceptions to ensure that they would be cost-effective, so as to ensure that up-front expenditures subject to the exceptions would be justified by future cost savings. (2) Determination of TDC limit. HUD will determine the TDC limit for a public housing project as follows: (i) Step 1: Unit construction cost guideline. HUD wi… | ||
| 24:24:4.1.3.1.5.3.5.9 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | C | Subpart C—General Program Requirements | 905.316 | § 905.316 Procurement and contract requirements. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63773, Oct. 24, 2013, unless otherwise noted. | [78 FR 63770, Oct. 24, 2013, as amended at 80 FR 75942, Dec. 7, 2015] | (a) General. PHAs shall comply with 2 CFR part 200, and HUD implementing instructions, for all capital activities including modernization and development, except as provided in paragraph (c) in this section. (b) Contracts. The PHA shall use all contract forms prescribed by HUD. If a form is not prescribed, the PHA may use any Office of Management and Budget (OMB) approved form that contains all applicable federal requirements and contract clauses. (c) Mixed-finance development projects. Mixed-finance development partners may be selected in accordance with 24 CFR 905.604(h). Contracts and other agreements with mixed-finance development partners must specify that they comply with the requirements of §§ 905.602 and 905.604 of this part. (d) Assurances of completion. Notwithstanding 24 CFR 85.36 (as revised April 1, 2013), for each construction contract over $100,000, the contractor shall furnish the PHA with the following: (1) A bid guarantee from each bidder, equivalent to 5 percent of the bid price; and (2) One of the following: (i) A performance bond and payment bond for 100 percent of the contract price; (ii) A performance bond and a payment bond, each for 50 percent or more of the contract price; (iii) A 20 percent cash escrow; (iv) A 10 percent irrevocable letter of credit with terms acceptable to HUD, or (v) Any other payment method acceptable to HUD. (e) Procurement of recovered materials. PHAs that are state agencies and agencies of a political subdivision of a state that are using assistance under this part for procurement, and any person contracting with such PHAs with respect to work performed under an assisted contract, must comply with the requirements of section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. In accordance with section 6002, these agencies and persons must procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered material pr… | |
| 24:24:4.1.3.1.5.4.5.1 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | D | Subpart D—Capital Fund Formula | 905.400 | § 905.400 Capital Fund formula (CF formula). | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63773, Oct. 24, 2013, unless otherwise noted. | (a) General. This section describes the formula for allocating Capital Funds to PHAs. (b) Formula allocation based on relative needs. HUD shall allocate Capital Funds to the PHAs in accordance with the CF formula. The CF formula measures the existing modernization needs and accrual needs of PHAs. (c) Allocation for existing modernization needs under the CF formula. HUD shall allocate one-half of the available Capital Fund amount based on the relative existing modernization needs of PHAs, determined in accordance with paragraph (d) of this section. (d) PHAs with 250 or more units in FFY 1999, except the New York City and Chicago Housing Authorities. The estimates of the existing modernization needs for these PHAs shall be based on the following: (1) Objective measurable data concerning the following PHA, community, and project characteristics applied to each project: (i) The average number of bedrooms in the units in a project (Equation coefficient 4604.7); (ii) The total number of units in a project (Equation coefficient: 10.17); (iii) The proportion of units in a project in buildings completed in 1978 or earlier. In the case of acquired projects, HUD will use the DOFA unless the PHA provides HUD with the actual date of construction completion. When the PHA provides the actual date of construction completion, HUD will use that date (or, for scattered sites, the average dates of construction of all the buildings), subject to a 50-year cap. (Equation coefficient: 4965.4); (iv) The cost index of rehabilitating property in the area (Equation coefficient: −10608); (v) The extent to which the units of a project were in a nonmetropolitan area as defined by the United States Bureau of the Census (Census Bureau) during FFY 1996 (Equation coefficient: 2703.9); (vi) The PHA is located in the Southern census region, as defined by the Census Bureau (Equation coefficient: −269.4); (vii) The PHA is located in the Western census region, as defined by the Census Bureau (Equation coefficient: −1709.5); (viii) T… | ||
| 24:24:4.1.3.1.5.5.5.1 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | E | Subpart E—Use of Capital Funds for Financing | 905.500 | § 905.500 Purpose and description. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 75 FR 65208, Oct. 21, 2010, unless otherwise noted. | (a) This subpart provides the requirements necessary for a PHA to participate in the Capital Fund Financing Program (CFFP), under which the PHA may obtain HUD approval to borrow private capital and pledge a portion of its annual Capital Fund grant or public housing assets and other public housing property of the public housing agency as security. (b) Under the CFFP, PHAs are permitted to borrow private capital to finance public housing development or modernization activities. A PHA may use a portion of its Capital Fund for debt service payments and usual and customary financing costs associated with public housing development or modernization (including public housing in mixed-finance developments). A PHA that undertakes such financing activities may, subject to HUD's written approval, grant a security interest in its future annual Capital Fund grants, which shall be subject to the appropriation of those funds by Congress. The PHA's financing activities are not obligations or liabilities of the Federal Government. The Federal Government does not assume any liability with respect to any such pledge of future appropriations, and the Federal Government neither guarantees nor provides any full faith and credit for these financing transactions. | ||
| 24:24:4.1.3.1.5.5.5.2 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | E | Subpart E—Use of Capital Funds for Financing | 905.505 | § 905.505 Program requirements. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 75 FR 65208, Oct. 21, 2010, unless otherwise noted. | (a) Written approval. A PHA shall obtain written HUD approval for all Capital Fund financing transactions that pledge, encumber, or otherwise provide a security interest in public housing assets or other property, including Capital Funds, and use Capital Funds for the payment of debt service or other financing costs. HUD approval shall be based on: (1) The ability of the PHA to complete the financing transaction along with the associated improvements; (2) The reasonableness of the provisions in the Capital Fund Financing Proposal considering the other pledges or commitments of public housing assets, the PHA's capital needs, and the pledge being proposed; and (3) Whether the PHA meets the requirements of this subpart. (b) Antideficiency. Any pledge of future year Capital Fund grants under this section is subject to the availability of appropriations by Congress for that year. All financing documents related to future year Capital Fund amounts must include a statement that the pledging of funds is subject to the availability of appropriations. (c) Conditions on use —(1) Development. Any public housing that is developed using amounts under this part (including proceeds from financing authorized under this part) shall be operated under the terms and conditions applicable to public housing during the 40-year period that begins on the date on which the project becomes available for occupancy, except as otherwise provided in the 1937 Act. (2) Modernization. Any public housing or portion of public housing that is modernized using amounts under this part (including proceeds from financing authorized under this part) shall be maintained and operated during the 20-year period that begins on the latest date on which the modernization is completed, except as otherwise provided in the 1937 Act. (3) Applicability of latest expiration date. Public housing subject to the use conditions described in paragraph (c) of this section, or to any other provision of law mandating the operation of housing as public housin… | ||
| 24:24:4.1.3.1.5.5.5.3 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | E | Subpart E—Use of Capital Funds for Financing | 905.507 | § 905.507 Streamlined application requirements for standard and high-performing PHAs. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 75 FR 65208, Oct. 21, 2010, unless otherwise noted. | (a) PHAs with cumulative CFFP borrowings of less than $2 million and that are standard or high performers under PHAS; PHAs that are high performers under PHAS with cumulative CFFP borrowings of less than $20 million; PHAs that propose to use their CFFP proceeds in a mixed-finance transaction, or proposals where the sizing of the financing is based only upon the use of RHF funds for debt service, shall not be required to submit: (1) A third-party management assessment under § 905.505(e); (2) A third-party fairness opinion under § 905.505(k); (3) An assurance of financial controls and construction management under § 905.505(l). (b) Notwithstanding § 905.507(a), if HUD determines that interest or other costs do not appear to meet industry norms, or other aspects of the proposal present atypical risks, HUD retains the discretion to require assessments, opinions, or controls, or to return the proposal. | ||
| 24:24:4.1.3.1.5.5.5.4 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | E | Subpart E—Use of Capital Funds for Financing | 905.510 | § 905.510 Submission requirements. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 75 FR 65208, Oct. 21, 2010, unless otherwise noted. | (a) All requests for HUD approval of CFFP transactions shall be submitted to the Office of Public and Indian Housing (PIH), Attention: Office of Capital Improvements, in such form and in such number of copies as designated by PIH through direct notice. (b) Each Capital Fund Financing Proposal shall be tabbed and presented with the following information in the order listed: (1) PHA transmittal letter. The PHA must submit a letter signed by the PHA Executive Director (or Chief Executive Officer, if applicable) briefly describing the proposed financing and use of proceeds, the percentage of Capital Funds being dedicated to debt service, the percent of the PHA's public housing units benefiting from the financing, and the impact of the financing upon the public housing portfolio, and transmit to HUD a request for approval of the CFFP transaction. The transmittal letter shall provide any additional information required pursuant to this subpart including, but not limited to: (i) Describing the transaction being proposed; (ii) Describing in detail any existing financing or similar commitments of public housing funds; (iii) Describing and providing justification for significant financial or legal provisions, such as variable interest or acceleration provisions; (iv) Describing construction management and financial controls. (2) Term sheet, table of contents, and contact information. The PHA must submit the HUD-prescribed term sheet that describes the basic terms of the transaction and financing structure, including the proposed amount of the financing, the term, interest rates, security, and reserve requirements. A table of contents must identify the materials submitted, as well as list the materials the PHA is not required to submit pursuant to this rule. Contact information for all of the participating parties is also required. (3) Financing schedules. The PHA must submit financing schedules that include a debt service schedule, sources and uses schedule, and a portfolio schedule (including projections for… | ||
| 24:24:4.1.3.1.5.5.5.5 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | E | Subpart E—Use of Capital Funds for Financing | 905.515 | § 905.515 HUD review and approval. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 75 FR 65208, Oct. 21, 2010, unless otherwise noted. | (a) After receipt of a Capital Fund Financing Proposal, HUD shall review the proposal for completeness. HUD will return to the PHA all incomplete or unapprovable proposals, identifying the deficiencies, and will not take any further action. HUD will also return proposals submitted by entities other than the PHA (e.g., the PHA's consultants). HUD shall review all complete proposals for compliance with the requirements under this subpart. HUD may require the PHA to make modifications to any of the CFFP documents submitted and may require the PHA to resubmit all or any portion of the proposal. After HUD determines that a proposal complies with all applicable requirements, HUD shall notify the PHA in writing of its approval and any condition(s) of the approval. (b) (1) A copy or copies of the CFF ACC Amendment shall accompany the approval letter. (2) Within 60 days of the date of HUD's approval of the transaction or, if HUD sets conditions on its approval, within 60 days of the date that the PHA satisfies such conditions (as evidenced by documentation retained in the PHA's file and available to HUD upon request), but in no event longer than 120 days after the HUD approval, unless the time has otherwise been extended by HUD in writing, the PHA must submit: (i) Closing documents as directed by HUD; and (ii) All documents required by HUD to take certain actions such as initiating debt service payments through HUD's automated systems. (3) Failure to provide the required documents to HUD within the time frame required under § 905.515(b)(2) may result in HUD rescinding its approval. | ||
| 24:24:4.1.3.1.5.6.5.1 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | F | Subpart F—Development Requirements | 905.600 | § 905.600 General. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63786, Oct. 24, 2013, unless otherwise noted. | (a) Applicability. This subpart F applies to the development of public housing units to be included under an ACC and which will receive funding from public housing funds. PHAs must comply, or cause the Owner Entity and its contractors to comply, as applicable, with all of the applicable requirements in this subpart. Pursuant to § 905.106 of this part, when a PHA, a PHA partner, and/or an Owner Entity submits a development proposal and, if applicable, a site acquisition proposal, and executes an ACC covering the public housing units being developed, it is deemed to have certified by those executed submissions its compliance with this subpart. Noncompliance with any provision of this subpart or other applicable statutes or regulations, or the ACC Amendment, and any amendment thereto may subject the PHA, the PHA's partner and/or the Owner Entity to sanctions contained in § 905.804 of this part. (b) Description. A PHA may develop public housing through the construction of new units or the acquisition, with or without rehabilitation, of existing units. A PHA may use any generally accepted method of development including, but not limited to: (1) Conventional. The PHA designs a project on a property it owns. The PHA then competitively selects an entity to build or rehabilitate the project. (2) Turnkey. The PHA advertises for and competitively selects a developer who will develop public housing units on a site owned or to be owned by the developer. Following HUD approval of the development proposal, the PHA and the developer execute a contract of sale and the developer builds the project. Once the project is complete, the developer sells it to the PHA. (3) Acquisition with or without rehabilitation. The PHA acquires an existing property that requires substantial, moderate, or no repair. Any repair work is done by PHA staff or contracted out by the PHA. The PHA must certify that the property was not constructed with the intent of selling it to the PHA or, alternatively, the PHA must certify that HUD requirem… | ||
| 24:24:4.1.3.1.5.6.5.2 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | F | Subpart F—Development Requirements | 905.602 | § 905.602 Program requirements. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63786, Oct. 24, 2013, unless otherwise noted. | (a) Local cooperation. Except as provided under § 905.604(i) of this part for mixed-finance projects, the PHA must enter into a Cooperation Agreement with the applicable local governing body that includes sufficient authority to cover the public housing being developed under this subpart, or provide an opinion of counsel that the existing, amended, or supplementary Cooperation Agreement between the jurisdiction and the PHA includes the project or development. (b) New construction limitation. These requirements apply to the development (including new construction and acquisition) of public housing. All proposed new development projects must meet both of the following requirements: (1) Limitation on the number of units. A PHA may not use Capital Funds to pay for the development cost of public housing units if such development would result in a net increase in the number of public housing units that the PHA owned, assisted, or operated on October 1, 1999. Subject to approval by the Secretary, a PHA may develop public housing units in excess of the limitation if: (i) The units are available and affordable to eligible low-income families and the CF formula does not provide additional funding for the specific purpose of constructing, modernizing, and operating such excess units; or (ii) The units are part of a mixed-finance project or otherwise leverage significant additional investment, and the cost of the useful life of the projects is less than the estimated cost of providing tenant-based assistance under section 8(o) of the 1937 Act. (2) Limitations on cost. A PHA may not construct public housing unless the cost of construction is less than the cost of acquisition or acquisition and rehabilitation of existing units, including the amount required to establish, as necessary, an upfront reserve for replacement accounts for major repairs. A PHA shall provide evidence of compliance with this subpart either by: (i) Demonstrating through a cost comparison that the cost of new construction in the neighborhood… | ||
| 24:24:4.1.3.1.5.6.5.3 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | F | Subpart F—Development Requirements | 905.604 | § 905.604 Mixed-finance development. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63786, Oct. 24, 2013, unless otherwise noted. | [78 FR 63770, Oct. 24, 2013, as amended at 80 FR 75942, Dec. 7, 2015] | (a) General. Mixed-finance development refers to the development (through new construction or acquisition, with or without rehabilitation) or modernization of public housing, where the public housing units are owned in whole or in part by an entity other than a PHA. If the public housing units being developed are 100 percent owned by the PHA, the project is not a mixed-finance project and will be not be subject to mixed-finance development requirements. However, all other development requirements of part 905 are applicable, and, if the project includes both public housing funds and private funding for development, the project may be subject to other applicable program requirements; e.g., the Capital Fund Financing Program, Operating Fund Financing Program, Public Housing Mortgage Program, etc. (1) Ownership. There are various potential scenarios for the ownership structure of a mixed-finance project, such as: public housing units may be owned entirely by a private entity; a PHA may co-own with a private entity; or a PHA affiliate or instrumentality may own or co-own the units. (2) Partnerships. PHAs may choose to enter into a partnership or other contractual arrangement with a third party entity for the mixed-finance development and/or ownership of public housing units. (3) Funding. Funding for mixed-finance developments may include one or a combination of funding sources, pursuant to § 905.600(d) of this part. (4) Modernization. A mixed-finance project that involves modernization, rather than new construction, shall maintain the DOFA date that existed prior to modernization and shall be subject to the provisions of § 905.304(a)(2) of this part regarding the applicable period of obligation to operate the public housing units. (b) Definitions applicable to this subpart. (1) Mixed-finance. The development (through new construction or acquisition, with or without rehabilitation) or modernization of public housing, using public housing, nonpublic housing, or a combination of public housing and nonp… | |
| 24:24:4.1.3.1.5.6.5.4 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | F | Subpart F—Development Requirements | 905.606 | § 905.606 Development proposal. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63786, Oct. 24, 2013, unless otherwise noted. | (a) Development proposal. Prior to developing public housing, either through new construction or through acquisition, with or without rehabilitation, a PHA must submit a development proposal to HUD in the form prescribed by HUD, which will allow HUD to assess the viability and financial feasibility of the proposed development. A development proposal must be submitted for all types of public housing development, including mixed-finance. Failure to submit and obtain HUD approval of a development proposal may result in the public housing funds used in conjunction with the project being deemed ineligible expenses. In determining the amount of information to be submitted by the PHA, HUD shall consider whether the documentation is required for HUD to carry out mandatory statutory, regulatory, or Executive order reviews; the quality of the PHA's past performance in implementing development projects under this subpart; the PHA's demonstrated administrative capability; and other program requirements. The development proposal shall include some or all of the following documentation, as deemed necessary by HUD. (1) Project description. A description of the proposed project, including: (i) Proposed development method (e.g., mixed-finance, new construction, acquisition with or without rehabilitation, turnkey, etc.), including the extent to which the PHA will use force account labor and use procured contractors. For new construction projects, the PHA must meet the program requirements contained in § 905.602. For projects involving acquisition of existing properties less than 2 years old, the PHA must include an attestation from the PHA and the owner of the property that the property was not constructed with the intent that it would be sold to the PHA or, if it was constructed with the intent that it be sold to the PHA, that it was constructed in compliance with all applicable requirements (e.g., Davis Bacon wage rates, accessibility, etc.); (ii) Type of residents to occupy the units (e.g., family, elderly, persons with … | ||
| 24:24:4.1.3.1.5.6.5.5 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | F | Subpart F—Development Requirements | 905.608 | § 905.608 Site acquisition proposal. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63786, Oct. 24, 2013, unless otherwise noted. | (a) Submission. When a PHA determines that it is necessary to acquire vacant land for development of public housing through new construction, using public housing funds, prior to submission and approval of a development proposal under § 905.606 of this part, the PHA must submit an acquisition proposal to HUD for review and approval prior to acquisition. The acquisition proposal shall include the following: (b) Justification. A justification for acquiring property prior to development proposal submission and approval. (c) Description. A description of the property ( i.e. , the proposed site and/or project) to be acquired. (d) Project description; site and neighborhood standards. An identification and description of the proposed project, site plan, and neighborhood, together with information sufficient to enable HUD to determine that the proposed site meets the site and neighborhood standards at § 905.602(d) of this part. (e) Zoning. Documentation that the proposed project is permitted by current zoning ordinances or regulations, or evidence to indicate that needed rezoning is likely and will not delay the project. (f) Appraisal. Documentation attesting that an appraisal of the proposed property by an independent, state certified appraiser has been conducted and that the acquisition is in compliance with § 905.308(b)(9) of this part. The purchase price of the site/property may not exceed the appraised value without HUD approval. (g) Schedule. A schedule of the activities to be carried out by the PHA. (h) Environmental assessment. An environmental review or request for HUD to perform the environmental review pursuant to § 905.308(b)(2) of this part. | ||
| 24:24:4.1.3.1.5.6.5.6 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | F | Subpart F—Development Requirements | 905.610 | § 905.610 Technical processing. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63786, Oct. 24, 2013, unless otherwise noted. | (a) Review. HUD shall review all development proposals and site acquisition proposals for compliance with the statutory, Executive order, and regulatory requirements applicable to the development of public housing and the project. HUD's review will evaluate whether the proposed sources and uses of funds are eligible and reasonable, and whether the financing and other documentation establish to HUD's satisfaction that the development is financially viable and structured so as to adequately protect the federal investment of funds in the development. For this purpose, HUD will consider the PHA's proposed methodology for allocating operating subsidies on behalf of the public housing units, the projected revenue to be generated by any nonpublic housing units in a mixed-finance development, and the 10-year operating pro forma and other information contained in the development proposal. (b) Subsidy layering analysis. After the PHA submits the documentation required under paragraph (a) of this section, HUD or its designee (e.g., the State Housing Finance Agency) shall carry out a subsidy layering analysis, pursuant to section 102(d) of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545) (see 24 CFR part 4), to determine that the amount of assistance being provided for the development is not more than necessary to make the assisted activity feasible after taking into account the other governmental assistance. (c) Safe harbor standards. For mixed-finance projects, in order to expedite the mixed-finance review process and control costs, HUD may make available safe harbor and maximum fee ranges for a number of costs. If a project is at or below a safe harbor standard, no further review will be required by HUD. If a project is above a safe harbor standard, additional review by HUD will be necessary. In order to approve terms above the safe harbor, the PHA must demonstrate to HUD in writing that the negotiated terms are appropriate for the level of risk involved in the project, the scope… | ||
| 24:24:4.1.3.1.5.6.5.7 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | F | Subpart F—Development Requirements | 905.612 | § 905.612 Disbursement of Capital Funds—predevelopment costs. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63786, Oct. 24, 2013, unless otherwise noted. | (a) Predevelopment costs. After a new development project has been included in the CFP 5-Year Action Plan that has been approved by the PHA Board of Commissioners and HUD, a PHA may use funding for predevelopment expenses. Predevelopment funds may be expended in accordance with the following requirements: (1) Predevelopment assistance may be used to pay for materials and services related to proposal development and project soft costs. It may also be used to pay for costs related to the demolition of units on a proposed site. Absent HUD approval, predevelopment assistance may not be used to pay for site work, installation of infrastructure, construction, or other hard costs related to a development. (2) For non-mixed-finance projects, predevelopment funding up to 5 percent of the total amount of the public housing funds committed to a project does not require HUD approval. HUD shall determine on a case-by-case basis that an amount greater than 5 percent may be drawn down by a PHA to pay for necessary and reasonable predevelopment costs, based upon a consideration of the nature and scope of activities proposed to be carried out by the PHA. Before a request for predevelopment assistance in excess of 5 percent may be approved, the PHA must provide to HUD information and documentation specified in §§ 905.606 and 905.608 of this part, as HUD deems appropriate. (3) For mixed-finance projects, all funding for predevelopment costs must be reviewed and approved by HUD prior to expenditure. (4) The requirements in paragraph (b) of this section to disburse funds for mixed-financed projects in an approved ratio to other public and private funding do not apply to disbursement of predevelopment funds. (b) Standard drawdown requirements. (1) General. If HUD determines that the proposed development is approvable, it may execute with the PHA the applicable ACC Amendment to provide funds for the purposes and in the amounts approved by HUD. Upon approval of the development proposal and all necessary documentation evidenci… | ||
| 24:24:4.1.3.1.5.7.5.1 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | G | Subpart G—Other Security Interests | 905.700 | § 905.700 Other security interests. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63786, Oct. 24, 2013, unless otherwise noted. | (a) The PHA may not pledge, mortgage, enter into a transaction that provides recourse to public housing assets, or otherwise grant a security interest in any public housing project, portion thereof, or other property of the PHA without the written approval of HUD. (b) The PHA shall submit the request in the form and manner prescribed by HUD. (c) HUD shall consider: (1) The ability of the PHA to complete the financing, the improvements, and repay the financing; (2) The reasonableness of the provisions in the proposal; or (3) Any other factors HUD deems appropriate. | ||
| 24:24:4.1.3.1.5.8.5.1 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | H | Subpart H—Compliance, HUD Review, Penalties, and Sanctions | 905.800 | § 905.800 Compliance. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63786, Oct. 24, 2013, unless otherwise noted. | As provided in § 905.106 of this part, PHAs or other owner/management entities and their partners are required to comply with all applicable provisions of this part. Execution of the CF ACC Amendment received from the PHA, submissions required by this part, and disbursement of Capital Fund grants from HUD are individually and collectively deemed to be the PHA's certification that it is in compliance with the provisions of this part and all other Public Housing Program Requirements. Noncompliance with any provision of this part or other applicable requirements may subject the PHA and/or its partners to sanctions contained in § 905.804 of this part. | ||
| 24:24:4.1.3.1.5.8.5.2 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | H | Subpart H—Compliance, HUD Review, Penalties, and Sanctions | 905.802 | § 905.802 HUD review of PHA performance. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63786, Oct. 24, 2013, unless otherwise noted. | (a) HUD determination. HUD shall review the PHA's performance in completing work in accordance with this part. HUD may make such other reviews when and as it determines necessary. When conducting such a review, HUD shall, at minimum, make the following determinations: (1) HUD shall determine whether the PHA has carried out its activities under this part in a timely manner and in accordance with its CFP 5-Year Action Plan and other applicable requirements. (2) HUD shall determine whether the PHA has a continuing capacity to carry out its Capital Fund activities in a timely manner. (3) HUD shall determine whether the PHA has accurately reported its obligation and expenditures in a timely manner. (4) HUD shall determine whether the PHA has accurately reported required building and unit data for the calculation of the formula. (5) HUD shall determine whether the PHA has obtained approval for any CFFP or OFFP proposal and any PHA development proposal. (b) [Reserved] | ||
| 24:24:4.1.3.1.5.8.5.3 | 24 | Housing and Urban Development | IX | 905 | PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM | H | Subpart H—Compliance, HUD Review, Penalties, and Sanctions | 905.804 | § 905.804 Sanctions. | HUD | 42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d). | 78 FR 63786, Oct. 24, 2013, unless otherwise noted. | (a) If at any time, HUD finds that a PHA has failed to comply substantially with any provision this part, HUD may impose one or a combination of sanctions, as it determines is necessary. Sanctions associated with failure to obligate or expend in a timely manner are specified at § 905.306 of this part. Other possible sanctions that HUD may impose for noncompliance by the PHA include, but are not limited to, the following: (1) Issue a corrective action order, at any time, by notifying the PHA of the specific program requirements that the PHA has violated, and specifying that any of the corrective actions listed in this section must be taken. Any corrective action ordered by HUD shall become a condition of the CF ACC Amendment. (2) Require reimbursement from non-HUD sources. (3) Limit, withhold, reduce, or terminate Capital Fund or Operating Fund assistance. (4) Issue a Limited Denial of Participation or Debar responsible PHA officials, pursuant to 2 CFR parts 180 and 2424. (5) Withhold assistance to the PHA under section 8 of the Act, 42 U.S.C. 1437f. (6) Declare a breach of the CF ACC with respect to some or all of the PHA's functions. (7) Take any other available corrective action or sanction as HUD deems necessary. (b) Right to appeal. Before taking any action described in paragraph (a) of this section, HUD shall notify the PHA of its finding and proposed action and provide to the PHA an opportunity, within a prescribed period of time, to present any arguments or additional facts and data concerning the finding and proposed action to HUD's Assistant Secretary for Public and Indian Housing. | ||
| 28:28:2.0.7.5.5.0.127.1 | 28 | Judicial Administration | IX | 905 | PART 905—NATIONAL FINGERPRINT FILE (NFF) PROGRAM QUALIFICATION REQUIREMENTS | 905.1 | § 905.1 Definition. | 42 U.S.C. 14616. | 70 FR 73587, Dec. 13, 2005, unless otherwise noted. | “National Fingerprint File” means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System. | |||||
| 28:28:2.0.7.5.5.0.127.2 | 28 | Judicial Administration | IX | 905 | PART 905—NATIONAL FINGERPRINT FILE (NFF) PROGRAM QUALIFICATION REQUIREMENTS | 905.2 | § 905.2 Purpose and authority. | 42 U.S.C. 14616. | 70 FR 73587, Dec. 13, 2005, unless otherwise noted. | The purpose of this part 905 is to require each National Fingerprint File (NFF) participant to meet the standards set forth in the NFF Qualification Requirements as established by the Compact Council (Council). The Council is established pursuant to the National Crime Prevention and Privacy Compact Act (Compact), title 42, U.S.C., § 14616. | |||||
| 28:28:2.0.7.5.5.0.127.3 | 28 | Judicial Administration | IX | 905 | PART 905—NATIONAL FINGERPRINT FILE (NFF) PROGRAM QUALIFICATION REQUIREMENTS | 905.3 | § 905.3 Participation in the NFF Program. | 42 U.S.C. 14616. | 70 FR 73587, Dec. 13, 2005, unless otherwise noted. | Each NFF Program participant shall meet the standards set forth in the NFF Qualification Requirements as established by the Council and endorsed by the FBI's Criminal Justice Information Services Advisory Policy Board; however, such standards shall not interfere or conflict with the FBI's administration of the III, including the NFF, for criminal justice purposes. Each participant's performance will be audited and measured by criteria designed to assess compliance with those requirements. Measurements by which to determine compliance to the NFF Qualification Requirements are outlined in the FBI and State Sampling Standards. (For a copy of the standards, contact the FBI Compact Officer, 1000 Custer Hollow Road, Module C-3, Clarksburg, WV 26306-0001.) | |||||
| 7:7:8.1.1.1.2.1.10.1 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.1 | § 905.1 Secretary. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | [42 FR 59368, Nov. 17, 1977] | Secretary means the Secretary of Agriculture of the United States, or any officer or employee of the United States Department of Agriculture to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead. | |
| 7:7:8.1.1.1.2.1.10.10 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.10 | § 905.10 Carton or standard packed carton. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | [42 FR 59368, Nov. 17, 1977] | Carton or standard packed carton means a unit of measure equivalent to four-fifths ( 4/5 ) of a United States bushel of fruit, whether in bulk or in any container. | |
| 7:7:8.1.1.1.2.1.10.11 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.11 | § 905.11 Fiscal period. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | Fiscal period means the period of time from August 1 of any year until July 31 of the following year, both dates inclusive. | ||
| 7:7:8.1.1.1.2.1.10.12 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.12 | § 905.12 Committee. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | [42 FR 59368, Nov. 17, 1977] | Committee means the Citrus Administrative Committee established pursuant to § 905.19. | |
| 7:7:8.1.1.1.2.1.10.13 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.13 | § 905.13 District. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | [42 FR 59368, Nov. 17, 1977] | (a) Citrus District One shall include the Counties of Hillsborough, Pinellas, Pasco, Hernando, Citrus, Sumter, and Lake. (b) Citrus District Two shall include the Counties of Osceola, Orange, Seminole, Alachua, Putnam, St. Johns, Flagler, Marion, Levy, Duval, Nassau, Baker, Union, Bradford, Columbia, Clay, Gilchrist, and Suwannee, and County Commissioner, Districts One, Two, and Three of Volusia County, and that part of the Counties of Indian River and Brevard not included in Regulation Area II. (c) Citrus District Three shall include the County of St. Lucie and that part of the Counties of Brevard, Indian River, Martin, and Palm Beach described as lying within Regulation Area II, and County Commissioner's Districts Four and Five of Volusia County. (d) Citrus District Four shall include the Counties of Manatee, Sarasota, Hardee, Highlands, Okeechobee, Glades, De Sota, Charlotte, Lee, Hendry, Collier, Monroe, Dade, Broward, and that part of the Counties of Palm Beach and Martin not included in Regulation Area II. (e) Citrus District Five shall include the County of Polk. | |
| 7:7:8.1.1.1.2.1.10.14 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.14 | § 905.14 Redistricting. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | [81 FR 10455, Mar. 1, 2016, as amended at 88 FR 89278, Dec. 27, 2023] | (a) The Committee may, with the approval of the Secretary, redefine the districts into which the production area is divided or reapportion or otherwise change the grower membership of districts, or both: Provided, That the membership shall consist of 10 grower members, and any such change shall be based, insofar as practicable, upon the respective averages for the immediately preceding three fiscal periods of: (1) The number of bearing trees in each district; (2) The volume of fresh fruit produced in each district; (3) The total number of acres of citrus in each district; and (4) Other relevant factors. (b) Each redistricting or reapportionment shall be announced on or prior to March 1 preceding the effective fiscal period. | |
| 7:7:8.1.1.1.2.1.10.15 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.15 | § 905.15 Regulation Area I. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | [54 FR 37292, Sept. 8, 1989] | Regulation Area I is defined as the “Interior District”, and shall include all that part of the production area not included in Regulation Area II. | |
| 7:7:8.1.1.1.2.1.10.16 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.16 | § 905.16 Regulation Area II. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | [22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, and further redesignated at 42 FR 59368, Nov. 17, 1977, as amended at 42 FR 59370, Nov. 17, 1977; 54 FR 37292, Sept. 8, 1989] | Regulation Area II is defined as the “Indian River District”, and shall include that part of the State of Florida particularly described as follows: Beginning at a point on the shore of the Atlantic Ocean where the line between Flagler and Volusia Counties intersects said shore, thence follow the line between said two counties to the Southwest corner of Section 23, Township 14 South, Range 31 East; thence continue South to the Southwest corner of Section 35, Township 14 South, Range 31 East; thence East to the Northwest corner of Township 15 South, Range 32 East; thence South to the Southwest corner of Township 17 South, Range 32 East; thence East to the Northwest corner of Township 18 South, Range 33 East; thence South to the St. Johns River; thence along the main channel of the St. Johns River and through Lake Harney, Lake Poinsett, Lake Winder, Lake Washington, Sawgrass Lake, and Lake Helen Blazes to the range line between Ranges 35 East and 36 East; thence South to the South line of Brevard County; thence East to the line between Ranges 36 East and 37 East; thence South to the Southwest corner of St. Lucie County; thence East to the line between Ranges 39 East and 40 East; thence South to the South line of Martin County; thence East to the line between Ranges 40 East and 41 East; thence South to the West Palm Beach Canal (also known as the Okeechobee Canal); thence follow said canal eastward to the mouth thereof; thence East to the shore of the Atlantic Ocean; thence Northerly along the shore of the Atlantic Ocean to the point of beginning. Beginning at a point on the shore of the Atlantic Ocean where the line between Flagler and Volusia Counties intersects said shore, thence follow the line between said two counties to the Southwest corner of Section 23, Township 14 South, Range 31 East; thence continue South to the Southwest corner of Section 35, Township 14 South, Range 31 East; thence East to the Northwest corner of Township 15 South, Range 32 East; thence South to the Southwest corner of Township 17 S… | |
| 7:7:8.1.1.1.2.1.10.17 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.17 | § 905.17 Production area. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | [22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, and further redesignated at 42 FR 59368, Nov. 17, 1977] | Production area means that portion of the State of Florida which is bounded by the Suwannee River, the Georgia border, the Atlantic Ocean, and the Gulf of Mexico. | |
| 7:7:8.1.1.1.2.1.10.18 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.18 | § 905.18 Improved No. 2 grade and Improved No. 2 Bright grade. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | [31 FR 15060, Dec. 1, 1966. Redesignated at 42 FR 59368, Nov. 17, 1977] | Improved No. 2 grade and Improved No. 2 Bright grade means grapefruit meeting all of the respective requirements of the U.S. No. 2 grade and the U.S. No. 2 Bright grade and those requirements of the U.S. No. 1 grade relating to shape (form) and color, as such requirements are set forth in the U.S. Standards for Grades of Florida Grapefruit (§§ 51.750-51.783 of this title) or as such standards may hereafter be amended. | |
| 7:7:8.1.1.1.2.1.10.2 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.2 | § 905.2 Act. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | Act means Public Act No. 10, 73d Congress (May 12, 1933), as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended. (48 Stat. 31, as amended; 7 U.S.C. 601 et seq.; 68 Stat. 906, 1047.) | ||
| 7:7:8.1.1.1.2.1.10.3 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.3 | § 905.3 Person. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | Person means an individual, partnership, corporation, association, business trust, legal representative, or any organized group of individuals. | ||
| 7:7:8.1.1.1.2.1.10.4 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.4 | § 905.4 Fruit. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | [81 FR 10454, Mar. 1, 2016] | Fruit means any or all varieties of the following types of citrus fruits grown in the production area: (a) Citrus sinensis, Osbeck, commonly called “oranges”; (b) Citrus paradisi, MacFadyen, commonly called “grapefruit”; (c) Citrus reticulata, commonly called “tangerines” or “mandarin”; (d) Citrus maxima Merr (L.); Osbeck, commonly called “pummelo”; and, (e) “Citrus hybrids” that are hybrids between or among one or more of the four fruits in paragraphs (a) through (d) of this section and the following: Trifoliate orange (Poncirus trifoliata), sour orange (C. aurantium), lemon (C. limon), lime (C. aurantifolia), citron (C. medica), kumquat (Fortunella species), tangelo (C. reticulata x C. paradisi or C. grandis), tangor (C. reticulata x C. sinensis), and varieties of these species. In addition, citrus hybrids include: Tangelo (C. reticulata x C. paradisi or C. grandis), tangor (C. reticulata x C. sinensis), Temple oranges, and varieties thereof | |
| 7:7:8.1.1.1.2.1.10.5 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.5 | § 905.5 Variety. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | [81 FR 10454, Mar. 1, 2016] | Variety or varieties means any one or more of the following classifications or groupings of fruit: (a) Oranges. (1) Early and Midseason oranges; (2) Valencia, Lue Gim Gong, and similar late maturing oranges of the Valencia type; (3) Navel oranges. (b) Grapefruit. (1) Red Grapefruit, to include all shades of color; (2) White Grapefruit. (c) Tangerines and mandarins. (1) Dancy and similar tangerines; (2) Robinson tangerines; (3) Honey tangerines; (4) Fall-Glo tangerines; (5) US Early Pride tangerines; (6) Sunburst tangerines; (7) W-Murcott tangerines; (8) Tangors. (d) Pummelos. (1) Hirado Buntan and other pink seeded pummelos; (2) [Reserved]. (e) Citrus hybrids —(1) Tangelos. (i) Orlando tangelo; (ii) Minneola tangelo. (2) Temple oranges. (f) Other varieties of citrus fruits specified in § 905.4, including hybrids, as recommended and approved by the Secretary. Provided, That in order to add any hybrid variety of citrus fruit to be regulated under this provision, such variety must exhibit similar characteristics and be subject to cultural practices common to existing regulated varieties. | |
| 7:7:8.1.1.1.2.1.10.6 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.6 | § 905.6 Producer. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | [42 FR 59368, Nov. 17, 1977] | Producer is synonymous with grower and means any person who is engaged in the production for market of fruit in the production area and who has a proprietary interest in the fruit so produced. | |
| 7:7:8.1.1.1.2.1.10.7 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.7 | § 905.7 Handler. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | [81 FR 10454, Mar. 1, 2016] | Handler is synonymous with shipper and means any person (except a common or contract carrier transporting fruit for another person) who, as owner, agent, or otherwise, handles fruit in fresh form, or causes fruit to be handled. Each handler shall be registered with the Committee pursuant to rules recommended by the Committee and approved by the Secretary. | |
| 7:7:8.1.1.1.2.1.10.8 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.8 | § 905.8 Prepare for market. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | Prepare for market means to wash, grade, size, or place fruit (whether or not wrapped) into any container whatsoever; but such term shall not include the harvesting of fruit. | ||
| 7:7:8.1.1.1.2.1.10.9 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.9 | § 905.9 Handle or ship. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | [81 FR 10455, Mar. 1, 2016] | Handle or ship means to sell, transport, deliver, pack, prepare for market, grade, or in any other way to place fruit in the current of commerce within the production area or between any point in the production area and any point outside thereof. | |
| 7:7:8.1.1.1.2.1.11.19 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.19 | § 905.19 Establishment and membership. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | [54 FR 37293, Sept. 8, 1989, as amended at 88 FR 89279, Dec. 27, 2023] | (a) There is hereby established a Citrus Administrative Committee consisting of 10 grower members. Grower members shall be producers who produce within the district for which they are nominated and selected to represent. Grower members may be persons who, in addition to being producers, are shippers or employees of shippers: Provided, that the committee, with the approval of the Secretary, may establish alternative qualifications for such grower members. The committee may be increased by one non-industry member nominated by the committee and selected by the Secretary. The committee, with approval of the Secretary, shall prescribe qualifications, term of office, and the procedure for nominating the non-industry member. (b) Each member shall have an alternate who shall have the same qualifications as the member for whom this person is an alternate. | |
| 7:7:8.1.1.1.2.1.11.20 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.20 | § 905.20 Term of office. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | [81 FR 10455, Mar. 1, 2016] | The term of office of members and alternate members shall begin on the first day of August of even-numbered years and continue for two years and until their successors are selected and have qualified. The consecutive terms of office of a member shall be limited to two terms. The terms of office of alternate members shall not be so limited. Members, their alternates, and their respective successors shall be nominated and selected by the Secretary as provided in §§ 905.22 and 905.23. | |
| 7:7:8.1.1.1.2.1.11.21 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.21 | § 905.21 Selection of initial members of the committee. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | [42 FR 59369, Nov. 17, 1977] | The initial members of the Citrus Administrative Committee and their respective alternates shall be the members and alternates of the Growers Administrative Committee and the Shippers Advisory Committee serving on the effective date of his amendment. Each member and alternate shall serve until completion of the term for which he was selected and until his successor has been selected and qualified. | |
| 7:7:8.1.1.1.2.1.11.22 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.22 | § 905.22 Nominations. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | [88 FR 89279, Dec. 27, 2023] | (a)(1) The Committee shall give public notice of a meeting of producers in each district, to be held not later than April 10th of even-numbered years, for the purpose of making nominations for grower members and alternate grower members. The Committee, with the approval of the Secretary, shall prescribe uniform rules to govern such meetings and the balloting thereat. The chairman of each meeting shall publicly announce at such meeting the names of the persons nominated, and the chairman and secretary of each such meeting shall transmit to the Secretary their certification as to the number of votes so cast, the names of the persons nominated, and such other information as the Secretary may request. All nominations shall be submitted to the Secretary on or before the 20th day of April. (2) Each nominee shall be a producer in the district from which he or she is nominated. In voting for nominees, each producer shall be entitled to cast one vote for each nominee in each of the districts in which he or she is a producer. At least one of the nominees and their alternates so nominated shall be affiliated with a bona fide cooperative marketing organization. (b) Notwithstanding the provisions of paragraph (a) of this section, nomination and election of members and alternate members to the Committee may be conducted by mail, electronic mail, or other means according to rules and regulations recommended by the Committee and approved by the Secretary. | |
| 7:7:8.1.1.1.2.1.11.23 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.23 | § 905.23 Selection. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | [88 FR 89279, Dec. 27, 2023] | From the nominations made pursuant to § 905.22(a) or from other qualified persons, the Secretary shall select 10 members and 10 alternates. At least one such member and their alternate shall be affiliated with a bona fide cooperative marketing organization. | |
| 7:7:8.1.1.1.2.1.11.24 | 7 | Agriculture | IX | 905 | PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA | A | Subpart A—Order Regulating Handling | 905.27 | § 905.27 Failure to nominate. | AMS | 7 U.S.C. 601-674. | 22 FR 10734, Dec. 27, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. | [22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 42 FR 59370, Nov. 17, 1977] | In the event nominations for a member or alternate member of the committee are not made pursuant to the provisions of §§ 905.22 and 905.25, the Secretary may select such member or alternate member without regard to nominations. |
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