April update Green and Resilient Retrofit Program (GRRPL) Leading Edge Modification 24 FR-6700-N-91C.pdf

U.S. Department of Housing and Urban Development

Office of Housing

Green and Resilient Retrofit Program (GRRPL) Leading Edge Modification

FR-6700-N-91C

05/15/2024

Table of Contents

OVERVIEW

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

B. Authority

II. AWARD INFORMATION

A. Available Funds

B. Number of Awards

C. Minimum/Maximum Award Information

D. Period of Performance

E. Type of Funding Instrument

III. ELIGIBILITY INFORMATION

A. Eligible Applicants

B. Ineligible Applicants

C. Cost Sharing or Matching

D. Threshold Eligibility Requirements

E. Statutory and Regulatory Requirements Affecting Eligibility

F. Program-Specific Requirements

G. Criteria for Beneficiaries

IV. APPLICATION AND SUBMISSION INFORMATION

A. Obtain an Application Package

B. Content and Form of Application Submission

C. System for Award Management (SAM) and Unique Entity Identifier (UEI)

D. Application Submission Dates and Times

E. Intergovernmental Review

F. Funding Restrictions

G. Other Submission Requirements

V. APPLICATION REVIEW INFORMATION

A. Review Criteria

B. Review and Selection Process

VI. AWARD ADMINISTRATION INFORMATION

A. Award Notices

B. Administrative, National and Departmental Policy Requirements and Terms for HUD Applicants and Recipients of Financial Assistance Awards

C. Reporting

D. Debriefing

VII. AGENCY CONTACT(S)

VIII. OTHER INFORMATION

APPENDIX

APPENDIX I: HUD’s Guidance for Preparing a Budget Request and Narrative

APPENDIX II: Minimum Standards for Benchmarking Data Entered Into EPA's Portfolio Manager

Program Office:

Office of Housing Funding Opportunity Title:

Green and Resilient Retrofit Program (GRRPL) Leading Edge Modification Funding Opportunity Number:

FR-6700-N-91C

Assistance Listing Number (formerly CFDA Number):

14.021 Due Date for Applications:

05/15/2024

OVERVIEW

The U.S. Department of Housing and Urban Development (HUD) issues this Notice of Funding Opportunity (NOFO) to invite applications from eligible applicants for the program and purpose described within this NOFO. You, as a prospective applicant, should carefully read all instructions in all sections to avoid sending an incomplete or ineligible application. HUD funding is highly competitive. Failure to respond accurately to any submission requirement could result in an incomplete or noncompetitive proposal.

In accordance with Title 24 part 4, subpart B of the Code of Federal Regulations (CFR), during the selection process (which includes HUD’s NOFO development and publication and concludes with the award of assistance), HUD is prohibited from disclosing covered selection information.

Examples of impermissible disclosures include: 1) information regarding any applicant’s relative standing; 2) the amount of assistance requested by any applicant; and 3) any information contained in the application. Prior to the application deadline, HUD may not disclose the identity of any applicant or the number of applicants that have applied for assistance.

For further information regarding this NOFO, direct questions regarding the specific requirements of this NOFO to the agency contact identified in section VII.

Paperwork Reduction Act Statement. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520) (PRA), the Office of Management and Budget (OMB) approved the information collection requirements in this NOFO. HUD may not conduct or sponsor, and a person is not required to respond to a collection of information unless the collection displays a valid OMB control number. This NOFO identifies its applicable OMB control number, unless its collection of information is excluded from these requirements under 5 CFR part 1320.

OMB Approval Number(s):

2502-0624 https://www.ecfr.gov/current/title-24/subtitle-A/part-4/subpart-B https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1 https://www.ecfr.gov/current/title-5/chapter-III/subchapter-B/part-1320?toc=1

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Description

1. Purpose

The Green and Resilient Retrofit Program (GRRP) is authorized and funded by Section 30002 of the Inflation Reduction Act of 2022, (Public Law 117-169) (the “IRA”), titled “Improving Energy Efficiency or Water Efficiency or Climate Resilience of Affordable Housing.” The program seeks to amplify recent technological advancements in utility efficiency and energy generation, bring a new focus on preparing for climate hazards by reducing residents’ and properties’ exposure to hazards, and protecting life, livability, and property when disaster strikes.

GRRP is the first HUD program to simultaneously invest in energy efficiency, greenhouse gas emissions reductions, energy generation, green and healthy housing, and climate resilience strategies specifically in HUD-assisted multifamily housing. All the investments under the GRRP will be made in affordable housing communities serving low-income families in alignment with the Administration’s Justice40 initiative. GRRP investments will directly benefit residents of HUD-assisted housing, each a Justice40 disadvantaged community, by improving the quality, health, safety, and comfort of their housing, by strengthening their homes to be more resilient against extreme weather events, and by enhancing their ability to remain in their homes during the recovery from such events. Further, GRRP will advance the Administration’s environmental justice efforts by investing in the quality and resilience of HUD’s rent-assisted portfolio, properties serving the lowest-income Americans and a disproportionate number of older adults and persons with disabilities, often living in communities disproportionately vulnerable to the impacts of climate change.

HUD is offering GRRP funding through three separate cohorts designed to meet the different needs of HUD’s assisted multifamily portfolio. The three cohorts of awards will be implemented through three parallel Notices of Funding Opportunity (NOFOs), as follows:

• The Elements NOFO provides modest awards designed to add proven and highly impactful climate resilience and carbon reduction measures to the construction scopes of in-progress or recently closed recapitalization transactions.

• The Leading Edge NOFO provides funding to owners aiming to quickly meet ambitious carbon reduction, renewable energy generation, use of building materials with lower embodied carbon, and resilience goals without requiring extensive technical assistance from HUD.

• The Comprehensive NOFO provides funding to initiate recapitalization investments designed from inception around deep retrofits, focused on innovative energy efficiency and greenhouse gas emissions reductions, green and healthy housing measures, renewable energy generation, use of building materials with lower embodied carbon, and climate resilience investments. Comprehensive Awards are designed for the widest range of properties, including those that have not yet developed a recapitalization plan.

To the greatest extent feasible, these approaches will:

• Substantially improve energy and water efficiency and reduce emissions, including moving properties toward net zero, zero ready, or zero over time energy and emissions performance standards;

• Address climate resilience, including synergies that can be achieved between efficiency, emissions reduction, and resilience investments;

• Enhance indoor air quality and resident health;

• Implement the use of zero-emission electricity generation and energy storage;

• Minimize embodied carbon and incorporate low-emission building materials or processes; and

• Support building electrification.

This NOFO makes available approximately $400,000,000 for the Leading Edge Awards and describes the eligibility and process to select properties for this funding. Housing Notice H 2023- 05 as amended describes the program requirements that will govern properties and the use of funds after selection. This NOFO is designed to enable property owners to pursue high levels of energy efficiency, electrification, emissions reduction, climate resilience, and the use of low embodied carbon materials. These awards, provided in the form of GRRP Grants or Surplus Cash Loans, will enable owners to make investments expected to achieve a high-level, and often net zero energy or net zero carbon, certification.

Applications for eligible properties submitted in a timely manner will be ranked based on the property’s current utility inefficiency as set forth in this NOFO.

Applicants selected for funding under this NOFO will be eligible to receive a grant or a loan repayable from surplus cash up to the lesser of a) $60,000 per unit at the property, b) $10,000,000, or c) the cost of eligible GRRP program investments. The final award amount will be determined based on the cost of eligible GRRP program investments. Funding shall be available to include the construction activities designed to achieve the selected greening certification as well as related climate resilience investments.

After selection, the applicant will be subject to the terms and requirements set forth in Housing Notice H 2023-05 as amended. Generally, 1) the owner must submit a GRRP Leading Edge Award Transaction Plan (the Transaction Plan) addressing program compliance matters and the transaction financial structure, 2) the project must reach financial closing, including the execution of grant and/or loan agreements and other required closing documents, 3) property rehabilitation must begin promptly after the financial closing, and 4) the owner must provide information to HUD to confirm completion of the eligible program investments and support ongoing program evaluation.

An owner must select which cohort is most appropriate for any particular property and may submit an eligible property to only one of the NOFOs available under the GRRP. Once an application for an eligible property has been accepted for review under one of the GRRP NOFOs, any other applications under the GRRP NOFOs for the same property will be considered ineligible. Within a single NOFO, the most recent complete application submitted shall be reviewed and previously submitted applications under the same NOFO are considered invalid. If an owner determines they would like to submit an application under a different NOFO, the owner must withdraw the pending application prior to submitting a new one for a different NOFO. An eligible property cannot receive an award under more than one NOFO.

Housing Notice H 2023-05 as amended provides more detail to guide an owner in choosing a

NOFO.

Further program guidance is provided in Housing Notice H 2023-05 as amended, which all potential applicants should review alongside this NOFO. Capitalized terms used but not defined in this NOFO shall have the definitions ascribed to them in Housing Notice H 2023-05 as amended.

2. HUD and Program-Specific Goals and Objectives

This NOFO supports HUD’s Strategic Plan for Fiscal Years (FY) 2022-2026 to accomplish HUD’s mission and vision. Each of the five goals in the Strategic Plan include what HUD hopes to accomplish, the strategies to accomplish those objectives, and the indicators of success.

However, of the five goals only those applicable to this NOFO are identified below.

You are expected to align your application to the applicable strategic goals and objectives below.

Use the information in this section to describe in your application the specific goals, objectives, and measures that your project is expected to help accomplish. If your project is selected for funding, you are also expected to establish a plan to track progress related to those goals, objectives, and measures. HUD will monitor compliance with the goals, objectives, and measures in your project.

Applicable Goals and Objectives from HUD’s Strategic Plan

1. Strategic Goal 1: Support Underserved Communities Fortify support for underserved communities and support equitable community development for all people.

2. 1A: Advance Housing Justice Fortify support for vulnerable populations, underserved communities, and Fair Housing enforcement.

3. 1B: Reduce Homelessness Strengthen Federal, State, Tribal, and community implementation of the Housing First approach to reducing the prevalence of homelessness, with the ultimate goal of ending homelessness.

4. 1C: Invest in the Success of Communities Promote equitable community development that generates wealth-building for underserved communities, particularly for communities of color.

5. Strategic Goal 2: Ensure Access to and Increase the Production of Affordable Housing Ensure housing demand is matched by adequate production of new homes and equitable access to housing opportunities for all people.

6. 2A: Increase the Supply of Housing Enhance HUD's programs that increase the production and supply of housing across the country.

7. 2B: Improve Rental Assistance Improve rental assistance to address the need for affordable housing.

8. Strategic Goal 3: Promote Homeownership Promote homeownership opportunities, equitable access to credit for purchase and improvements, and wealth-building in underserved communities.

9. 3A: Advance Sustainable Homeownership Advance the deployment of tools and capital that put sustainable homeownership within reach.

10. 3A � Major Initiative: Expand Homeownership Opportunities Promote financing for innovative ownership models to increase the availability of affordable housing.

11. 3B: Create a More Accessible and Inclusive Housing Finance System https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas https://www.hud.gov/HUD-FY22-26-Strategic-Plan-Focus-Areas

Advance new policy, programs, and modernization initiatives that support a more equitable housing finance system. Promote the preservation and creation of affordable housing stock.

12. Strategic Goal 4: Advance Sustainable Communities Advance sustainable communities by strengthening climate resilience and energy efficiency, promoting environmental justice, and recognizing housing's role as essential to health.

13. 4A: Guide Investment in Climate Resilience Invest in climate resilience, energy efficiency, and renewable energy across HUD programs.

14. 4B: Strengthen Environmental Justice Reduce exposure to health risks, environmental hazards, and substandard housing, especially for low-income households and communities of color.

15. 4C: Integrate Health and Housing Advance policies that recognize housing's role as essential to health.

All properties selected under this NOFO will be required to comply with the requirements in Housing Notice H 2023-05 as amended, and will make investments to achieve some or all of the following objectives:

• Lower carbon emissions and improve energy and water efficiency.

• Incorporate renewable energy use, where appropriate.

• Further climate resilience to better withstand the impacts of natural hazard events and protect residents.

• Reduce resident exposure to health risks and environmental hazards.

• Improve the quality of HUD-assisted multifamily housing for residents.

• Support long-term housing preservation through extended affordability requirements.

Funding Opportunity GoalsLower carbon emissions and improve energy and water efficiency.

Incorporate renewable energy use, where appropriate.

Further climate resilience to better withstand the impacts of natural hazard events and protect residents.

Reduce resident exposure to health risks and environmental hazards.

Improve the quality of HUD-assisted multifamily housing for residents.

Support long-term housing preservation through extended affordability requirements.

3. Changes from Previous NOFO

GRRP Leading Edge NOFO Update, April 2024

1. Modification of application deadline for the Fourth Application Review Period.

o Edit: “Due Date for Applications: 05/15/2024” o Edit: “The application deadline is 11:59:59 PM Eastern time on 05/15/2024” o Edit: “Deadlines. The application deadlines are:

▪ 07/31/2023 to be considered in the First Application Period

▪ 10/31/2023 to be considered in the Second Application Period

▪ 01/31/2024 to be considered in the Third Application Period

▪ 05/15/2024 for all other applications” o Edit: “The application deadline is 11:59:59 PM Eastern time on 05/15/24” o Edit: “All applications received before 11:59:59 PM Eastern time on 04/30/2024 05/15/2024, including applications from the First Application Period, the Second Application Period, and the Third Application Period that were not previously selected for funding, shall be considered during the Fourth Application Period.”

o Justification: The revision provides more time for applicants under this NOFO to submit their applications under the last Application Period.

2. Modification of description of Elements NOFO.

o Edit: “The Elements NOFO provides modest awards designed to add proven and highly impactful climate resilience and carbon reduction measures to the construction scopes of in-progress or recently closed recapitalization transactions.”

o Justification: Updates the summary description of the Elements NOFO

3. Modification of references to the GRRP Notice.

o Edit: “Housing Notice H 2023-05 as amended” o Justification: To clarify that the GRRP Notice has been and could continue to be amended.

4. Clarification of the type of eligible contract types.

o Edit: “Properties assisted by the following types of Section 8 Project-Based

Rental Assistance (PBRA) Housing Assistance Payments (HAP) Contracts:”

o Justification: Many questions have been received about eligibility related to vouchers. This edit will clarify the specific eligibility requirement.

5. Inclusion of a requirement to submit evidence from SAM.gov showing the property-level UEI with active registration.

o Edit: Insert in the listing of required submission materials “A printout or screenshot from SAM.gov showing the property-level UEI with active registration” o Justification: To alleviate review of applications that may have inconsistent or incorrect UEI information.

6. Modification of the instructions for submitting the application materials, specifically clarifying the curable deficiency process.

o Edit: “In evaluating each application, HUD will determine if there are program-specific curable deficiencies that can be remedied through grrp@hud.gov email correspondence with the applicant.”

o Edit: “A complete application must include all the information, materials, forms and documents listed above, as applicable. Each document must be clearly labeled with the property iREMS number and item name.”

o Justification: This text brings together existing guidance on curable deficiencies.

7. Implement new sponsor caps for applications selected in the Fourth Application Period and for total applications.

o Edit: “An applicant or any Affiliates of an applicant shall not receive more than three awards in any of the First, Second, or Third Application Periods and not more than two awards in the Fourth Application Period nor more than 11 awards mailto:grrp@hud.gov in total (including from the waiting list), unless there is funding remaining after funding all other eligible applications.”

o Justification: To limit the amount of awards a sponsor can receive in an Application Review Period and align sponsor cap across all cohorts.

8. Clarification of ranking and selection of applications and establishment of a consistent and clear policy on how awards will be selected following the Fourth Application Period.

o Edit: “Further, to the extent that all minimums cannot be met with the funds allotted per Application Period, HUD will first select properties for participation that satisfy the regional, then non-metropolitan set-asides.”

o Edit: “HUD will place the remaining eligible properties on a waitlist according to the scoring and ranking received during the application review. An applicant will be notified of placement on the waitlist. Selections from the waitlist will be made without regard to the use of Portfolio Manager or MBEST and without regard to regional or metro/non-metro set asides. In the event HUD accumulates (i.e., de-obligates) program subsidy funds from prior awards that are withdrawn, revoked, or amended, HUD will select for award the highest ranked eligible properties on the waiting list for which adequate funds have been accumulated on the earlier to occur of 1) HUD’s accumulation of program subsidy funds sufficient to make the award to the highest ranked eligible property on the waiting list, or 2) HUD’s accumulation of $8,000,000 in program subsidy funds. (Grants require program subsidy equivalent to the full grant amount while loans require program subsidy funds sufficient to cover a portion of the total loan amount, e.g., for awards made in FY 24 the portion is 38.66%.) In the event that neither of the above two conditions has been met in a 60-day period, but HUD has accumulated sufficient funds to select at least one property from the waiting list, HUD will select for award the highest ranked eligible properties on the waiting list for which adequate funds have accumulated and then the 60-day period will be reset after selection. In addition, HUD reserves the right, at its discretion, to select for award the highest ranked eligible properties on the waiting list for which adequate funds have accumulated thirty (30) days prior to the end of any HUD fiscal year. HUD will skip over applications and select the next qualified application as necessary to award the available funds pursuant to this paragraph. HUD shall repeat the above process as additional program subsidy funds accumulate. When there are no remaining properties on the Leading Edge waitlist eligible to receive funding under the foregoing waitlist procedures, any remaining funds shall be made available for GRRP awards to waiting list properties in the Comprehensive cohort, if applicable. Further, in order to meet federal obligation and disbursement deadlines, HUD will communicate on www.hud.gov/grrp how it will use any funding that accumulates after September 30, 2027, which may include making awards to waiting list properties, making awards to waiting list properties in the Comprehensive cohort, or increasing funding amounts for existing Leading Edge Awards above the maximum amounts described in this NOFO.”

o Justification: To detail how and when properties will be added to and selected from the waitlist to receive awards as program subsidy funds accumulate after the Fourth Application Period closes.

http://www.hud.gov/grrp

9. Modification of the contact information for assigning completed HEROS submissions.

o Edit: After the HEROS submission is complete, assign it in the system to

Ladrenna Figueroa, ladrenna.a.figueroa@hud.gov.”

o Justification: To clarify the new contact person for HEROS submissions.

GRRP Leading Edge NOFO Update, September 2023

1. Clarification on cost sharing o Edit: “This Program does not require cost sharing or matching. [stock NOFO language] This program does require that the owner achieve financing necessary to complete the scope of work.”

o Justification: Provides additional clarity about owner contribution requirements.

2. Addition to instructions for submitting the application materials, specifically asking for application attachments to include the iREMS reference number in the file name.

o Edit: Add “A complete application must include all the information, materials, forms and documents listed above, as applicable. Each tab must be submitted as a separate document and must be clearly labeled with the property iREMS number and item name” o Justification: This change ensures that each file included in an applicant’s submission is identified by property.

3. Clarification that not all qualifying green certifications reach net zero o Edits:

• “These awards, provided in the form of GRRP Grants or Surplus Cash Loans, will enable owners to make investments expected to achieve a high level, and often net zero energy or net zero carbon, certification.”

• “The owner must be pursuing one of the following high level, and often net zero, green certifications with respect to the property:”

o Justification: All certification are high level and approach or achieve net zero.

This language ensures better accuracy with the provided list.

4. Clarification of EnerPHit standard o Edit: “Passive House Institute EnerPHit Premium, with renewable energy capacity sufficient to offset expected annual energy consumption, o Justification: This specifies a higher EnerPHit level for better alignment with other certification options.

5. Reduction of team capacity requirements related to green certifications o Edit:

• “The architect or a member of the architectural team has been a part of the Design Team that achieved a high level retrofit certification in the last 10 years. The high-level certification can be any of the green certifications listed in Section III.D.6 but does not have to include any badges or add-ons. For example, for the National Green Building Standard Green: Gold or Emerald, with Green+ Net Zero Energy or Resilience designation option, the architect or member of the architectural team could demonstrate capacity by having achieved National Green Building

Standard Green Gold or National Green Building Standard Green Emerald.

• The owner (or Affiliate of the owner, as applicable), Developer, consultant, or General Contractor, has been a part of the Development Team that successfully achieved certification from any of the green certifying organizations, with the exception of Energy Star, listed in Section III.D.6 in the last 10 years. To use the Energy Star certification as a qualification, the owner, Developer, consultant, or General Contractor must have been on the Design Team of a property that achieved the Energy Star NextGen certification.

• The owner or developer has reached completion on at least three multifamily recapitalization transactions within the last five years using financing similar to that proposed for the Leading Edge transaction and which involved more than $60,000 per unit of hard construction costs, inclusive of retainage, and contractor profit, overhead and general conditions. To be “completed” the project must have reached financial closing, construction completion, placed in service, final endorsement, or permanent financing conversion milestones, as applicable.”

o Justification: Many of the allowable high level green certifications are new to the market, potentially making it difficult for otherwise well-qualified applicants to demonstrate that they have already achieved these certifications in prior experience. This adjustment ensures that both the architect and development team have the required experience to design, build, and certify to the selected green certification.

6. Inclusion of requirement to submit a HUD assistance contract with application o Edit: “A copy of the applicant property’s HUD assistance contract.”

o Justification: Seeing the assistance contract which makes the property eligible for

GRRP will streamline review and reduce instances of curable deficiencies, saving applicants time.

7. Extension of due date in case of presidentially-declared disaster o Edit: “If the proposed property or office address fall within a presidentially declared disaster area, the application deadline will be extended an additional 7 days from the original deadline. Applicants covered by this extension must be in a “covered disaster area” listed in FEMA’s Disaster Recovery (DR) Notices found at https://www.fema.gov/disaster/declarations where the Incident Period occurred within 7 days of an Application Period deadline referenced above. Any eligible applicant who is located in a covered disaster area and intends to take advantage of this deadline extension must apply by submitting an application through grants.gov no later than 11:59:59 p.m., ET, 7 days after the original deadline and include documentation confirming the location of the property or office address in the federally declared disaster area.”

o Justification: Applicants in presidentially-declared disaster zones may not have the internet availability required to submit their application. This extension was previously available by request, but the adjustment ensures that impacted https://www.fema.gov/disaster/declarations applicants automatically have the opportunity to submit even if impacted by disaster.

8. Additional specifications for Administrative, National and Departmental Policy Requirements and Terms for HUD Applicants and Recipients of Financial Assistance Awards o Edit: “31. Compliance with 41 U.S.C. § 4712, which includes informing your employees in writing of their rights and remedies, in the predominant native language of the workforce. Under 41 U.S.C. § 4712, employees of a contractor, subcontractor, grantee, subgrantee, and personal services contractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. (See Federal Contractor or Grantee Protections | Office of Inspector General, Department of Housing and Urban Development (hudoig.gov)” o Justification: Updated language to match current HUD requirements.

9. Shortened the grace period for uploading environmental review documents into HEROS o Edit: “HUD will provide the applicant 14 days from the NOFO due date for the applicant to submit the environmental documentation through HEROS. Failure to submit environmental documentation through HEROS by the NOFO application due date or within 14 days of the NOFO application due date will cause the NOFO application to be considered incomplete.”

o Justification: The NOFO expects applicants to submit their environmental review documents into the HEROS on-line portal. However, for applicants who have trouble doing so before the application due date, the NOFO permits them to submit PDFs of their environmental review documents provided they upload the documents to HEROS within a grace period after the application deadline.

Currently, the grace period is 30 days, which has the potential to cause unnecessary delays in the application review process. Two weeks is a more reasonable grace period, balancing leniency for applicants that have trouble getting access to HEROS or uploading the documents into HEROS with the need for rapid application reviews.

10. Clarification of ASTM standards o Edits:

• “Phase I Environmental Site Assessment (ESA) Report: The Findings, Opinions, and Conclusions sections of the Phase I ESA must be completed by an Environmental Professional in accordance with ASTM E 1527-13 or ASTM E 1527-21 for applications submitted by or before February 13th, 2024 or ASTM E 1527-21 for applications submitted after February 13th, 2024”

• “(1) Recognized Environmental Conditions (REC), suspect REC, historical REC, and/or de minimis conditions (with all such terms as described in ASTM E 1527-13 or ASTM E1527-21 as applicable),” o Justification: New ASTM standards roll out early 2024 and applications should adhere to the standards in place at the time of submission.

4. Definitions

a. Standard Definitions

Affirmatively Furthering Fair Housing (AFFH) means taking meaningful actions, in addition to combating discrimination to overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunities, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.

The duty to affirmatively further fair housing extends to all program participant’s activities and programs relating to housing and urban development.

Assistance Listing number refers to the unique number assigned to each Federal assistance program publicly available in the Assistance Listing, which is managed and administered by the General Services Administration. The Assistance Listing number was formerly known as the Catalog of Federal Domestic Assistance (CFDA) number.

Authorized Organization Representative (AOR) is a person authorized to legally bind your organization and submit applications via Grants.gov. The AOR is authorized by the E-Business Point of Contact (E-Biz POC) in the System for Award Management (see E-Biz POC definition).

An AOR may include an Expanded AOR and/or a Standard AOR.

Expanded Authorized Organization Representative is a user in Grants.gov who is authorized by the E-Biz POC to perform the functions of a Standard AOR, initiate and submit applications on behalf of your organization, and is allowed to modify organization-level settings and certifications in Grants.gov.

Standard Authorized Organization Representative is a user in Grants.gov who is authorized by the E-Biz POC to initiate and submit applications in Grants.gov. A Grants.gov user with the Standard AOR role can only submit applications when they are a Participant for that workspace.

Consolidated Plan is the document submitted to HUD that serves as the comprehensive housing affordability strategy, community development plan, and submission for funding under any of the Community Planning and Development formula grant programs (e.g., CDBG, ESG, HOME, and HOPWA). This Plan is prepared in accordance with the process described in 24 CFR part 91.

This plan is completed by engaging in a participatory process to assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions with funding from formula grant programs. (See 24 CFR part 91 for HUD’s requirements regarding the Consolidated Plan and related Action Plan).

https://www.ecfr.gov/current/title-24/subtitle-A/part-91 https://www.ecfr.gov/current/title-24/subtitle-A/part-91

Contract means, for the purpose of Federal financial assistance, a legal instrument by which a recipient or subrecipient purchases property or services needed to carry out the project or program under a federal award. For additional information on contractor and subrecipient determinations, see 2 CFR 200.331.

Contractor means an entity that receives a contract as defined above and in 2 CFR 200.1.

Cooperative agreement has the same meaning defined at 2 CFR 200.1.

Deficiency, with respect to the making of an application for funding, is information missing or omitted within a submitted application. Examples of deficiencies include missing documents, missing or incomplete information on a form, or some other type of unsatisfied information requirement. Depending on specific criteria, a deficiency may be either Curable or Non-Curable.

A Curable Deficiency is missing or incomplete application information that may be corrected by the applicant with timely action. To be curable, the deficiency must:

• Not be a threshold requirement, except for documentation of applicant eligibility;

• Not influence how an applicant is ranked or scored versus other applicants; and

• Be remedied within the time frame specified in the notice of deficiency.

A Non-Curable Deficiency is missing or incomplete application information that cannot be corrected by an applicant after the submission deadline. A non-curable deficiency is a deficiency that is a threshold requirement, or a deficiency that, if corrected, would change an applicant’s score or rank versus other applicants. If an application includes a non-curable deficiency, the application may receive an ineligible determination, or the non-curable deficiency may otherwise adversely affect the application’s score and final funding determination.

E-Business Point of Contact (E-Biz POC) is an organization applicant who is responsible for the administration and management of grant activities for his or her organization. The E-Biz POC is likely to be an organization's chief financial officer or authorizing official. The E-Biz POC authorizes representatives of their organization to apply on behalf of the organization (see Authorized Organization Representative definition). There can only be one E-Biz POC per unique entity identifier (see definition of Unique Entity Identifier below).

Eligibility requirements are mandatory requirements for an application to be eligible for funding.

Environmental Justice means investing in environmental improvements, remedying past environmental inequities, and otherwise developing, implementing, and enforcing laws and policies in a manner that advances environmental equity and provides meaningful involvement for people and communities that have been environmentally underserved or overburdened, such as Black and Brown communities, indigenous groups, and individuals with disabilities. This definition does not alter the requirements under HUD’s regulations at 24 CFR 58.5(j) and 24 CFR 50.4(l) implementing Executive Order 12898. E.O. 12898 requires a consideration of how federally assisted projects may have disproportionately high and adverse human health or environmental effects on minority and/or low-income populations. For additional information on environmental review compliance, refer to:

https://www.hud.gov/program_offices/comm_planning/environment_energy/regulations.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR031321e29ac5bbd/section-200.331 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-24/subtitle-A/part-58/subpart-A/section-58.5 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.ecfr.gov/current/title-24/subtitle-A/part-50/subpart-A/section-50.4 https://www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf https://www.hud.gov/program_offices/comm_planning/environment_energy/regulations

Equity has the meaning given to that term in Section 2(a) of Executive Order 13985 and means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality.

Federal Award, has the meaning, depending on the context, in either paragraphs (1) or (2) of this definition:

(1)

(a) The Federal financial assistance that a recipient receives directly from a Federal awarding agency or a subrecipient receives indirectly from a pass-through entity, as described in 2 CFR 200.101; or

(b) The cost-reimbursement contract under the Federal Acquisition Regulations that a non- Federal entity receives directly from a federal awarding agency or indirectly from a pass- through entity, as described in 2 CFR 200.101.

(2) The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (2) of the definitions of Federal financial assistance in 2 CFR 200.1, and this NOFO, or the cost-reimbursement contract awarded under the Federal Acquisition Regulations.

(3) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal Government owned, contractor operated facilities (GOCOs).

(4) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement in 2 CFR 200.1.

Federal Financial Assistance has the same meaning defined at 2 CFR 200.1.

Grants.gov is the website serving as the Federal government’s central portal for searching and applying for Federal financial assistance throughout the Federal government. Registration on Grants.gov is required for submission of applications to prospective agencies unless otherwise specified in this NOFO.

Historically Black Colleges and Universities (HBCUs) are any historically Black college or university that was established prior to 1964, whose principal mission was, and is, the education of Black Americans, and that is accredited by a nationally recognized accrediting agency or association determined by the Secretary of Education to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation. A list of accredited HBCUs can be found at the U.S. Department of Education’s website.

Minority-Serving Institutions (MSIs) are

(1) a part B institution (as defined in 20 U.S.C. 1601);

(2) a Hispanic-serving institution (as defined in 20 U.S.C. 1101a(5));

https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://sites.ed.gov/whhbcu/one-hundred-and-five-historically-black-colleges-and-universities/ https://sites.ed.gov/whhbcu/one-hundred-and-five-historically-black-colleges-and-universities/ https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partB-sec1061.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapV-partA-sec1101a.pdf

(3) a Tribal College or University (as defined in 20 U.S.C. 1059c);

(4) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in 20 U.S.C. 1059d(b));

(5) a Predominantly Black Institution (as defined in 20 U.S.C. 1059e);

(6) an Asian American and Native American Pacific Islander-serving institution (as defined in 20 U.S.C. 1059g); or

(7) a Native American-serving nontribal institution (as defined in 20 U.S.C. 1059f).

Non-Federal Entity (NFE) means a state, local government, Indian tribe, Institution of Higher Education (IHE), or non-profit organization that carries out a federal award as a recipient or subrecipient.

Primary Point of Contact (PPOC) is the person who may be contacted with questions about the application submitted by the AOR. The PPOC is listed in item 8F on the SF-424.

Racial Equity is the elimination of racial disparities, and is achieved when race can no longer predict opportunities, distribution of resources, or outcomes – particularly for Black and Brown persons, which includes Black, Latino, indigenous, Native American, Asian, Pacific Islander, and other persons of color.

Recipient means an entity, usually but not limited to non-Federal entities, that receives a federal award directly from HUD. The term recipient does not include subrecipients or individuals that are beneficiaries of the award.

Resilience is a community’s ability to minimize damage and recover quickly from extreme events and changing conditions.

Small business is defined as a privately-owned corporation, partnership, or sole proprietorship that has fewer employees and less annual revenue than regular-sized business. The definition of “small”—in terms of being able to apply for government support and qualify for preferential tax policy—varies by country and industry. The U.S. Small Business Administration defines a small business according to a set of standards based on specific industries. See 13 CFR Part 121.

Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.

Subrecipient means an entity, usually but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a federal award but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency.

System for Award Management (SAM) is the Federal Repository into which an entity must provide information required for the conduct of business as a recipient. Registration with SAM is required for submission of applications via Grants.gov. You can access the website at https://www.sam.gov/SAM/. There is no cost to use SAM.

https://www.govinfo.gov/content/pkg/USCODE-2015-title20/pdf/USCODE-2015-title20-chap28-subchapIII-partA-sec1059c.pdf https://www.govinfo.gov/content/pkg/USCODE-2015-title20/pdf/USCODE-2015-title20-chap28-subchapIII-partA-sec1059d.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059e.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059g.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059g.pdf https://www.govinfo.gov/content/pkg/USCODE-2020-title20/pdf/USCODE-2020-title20-chap28-subchapIII-partA-sec1059f.pdf https://www.ecfr.gov/current/title-13/chapter-I/part-121?toc=1 https://www.sam.gov/SAM/

Threshold Requirements are eligibility requirements that must be met for an application to be reviewed, rated, and ranked. Threshold requirements are not curable, except for documentation of applicant eligibility, which are listed in Section III.D., Threshold Eligibility Requirements.

Similarly, there are eligibility requirements under Section III.E., Statutory and Regulatory Requirements Affecting Eligibility.

Underserved Communities has the meaning given to that term in Section 2(b) of Executive Order 13985 and refers to populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the definition of “equity” above.

Unique Entity Identifier (UEI) means the identifier assigned by SAM to uniquely identify business entities. As of April 4, 2022, the Federal government has transitioned from the use of the DUNS Number to the use of UEI, as the primary means of entity identification for Federal awards government-wide.

b. Program Definitions.

All program specific definitions are listed in Housing Notice H 2023-05 as amended.

B. Authority The Green and Resilient Retrofit Program is authorized and funded by Section 30002 of the Inflation Reduction Act of 2022 (Public Law 117-169, approved August 16, 2022).

II. AWARD INFORMATION

A. Available Funds Funding of approximately $400,000,000 is available through this NOFO.

Additional funds may become available for award under this NOFO consistent with Section VI.A.2.e., Adjustments to Funding. Use of these funds is subject to statutory constraints. All awards are subject to the funding restrictions contained in this NOFO.

The amount made available under this NOFO is an estimate of the total of grants and loans repayable from Surplus Cash that will be issued to selected properties. HUD will select properties based on the ranking set forth in this NOFO until the aggregate estimated subsidy associated with the grant and loan awards for the selected properties reaches $160,000,000. As a result, the total awards may be greater or lesser than the amount listed.

B. Number of Awards HUD expects to make approximately 100 awards from the funds available under this NOFO.

C. Minimum/Maximum Award Information The amounts listed represent the funds available for GRRP Grants or Surplus Cash Loans to support the green and resilient retrofits that an owner is requesting by submitting an application under this NOFO. In addition to these amounts, selected applicants may also be eligible for reimbursement of certain costs of utility benchmarking, up to $2,500 per property. Funds for reimbursement for utility benchmarking costs are separate from the award amounts set forth https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government here. The benchmarking funding is available pursuant to Section 30002(a)(4) of the IRA GRRP statute.

Estimated Total Funding:

$400,000,000 Minimum Award Amount:

$1 Per Project Period

Maximum Award Amount:

$10,000,000 Per Project Period

D. Period of Performance

Estimated Project Start Date:

06/28/2024 Estimated Project End Date:

04/30/2026 Length of Project Periods:

36-month project period and budget period

Other

Length of Periods Explanation of Other:

Project start dates, end dates, and length of project periods will vary based on each project’s scope of work and individual circumstances. The numbers provided above are estimates, and HUD reserves the right to modify these time periods at HUD’s discretion.

E. Type of Funding Instrument

Funding Instrument Type:

O (Other) Selected properties will be eligible for loans or grants as described in Housing Notice H 2023-05 as amended.

III. ELIGIBILITY INFORMATION

A. Eligible Applicants 99 (Unrestricted (i.e., open to any type of entity above), subject to any clarification in text field…