Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,413
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Units occupied by Section 8 voucher holders, the utility allowance re-
mains the applicable PHA utility allowance established by the PHA
from which the household's voucher is received.
(E) In general, if the property is located in an area that
does not have a municipal, county, or regional housing authority that
publishes a utility allowance schedule for the Section 8 Existing Hous-
ing Program, Owners must select an alternative methodology. In the
event the property is located in an area without a clear municipal or
county housing authority the Department may permit the use of an-
other housing authority's utility allowance schedule on a case by case
basis. Prior approval from the Department is required and the owner
must obtain approval on an annual basis.
(2) A written estimate from a local utility provider. If there
are multiple utility companies that service the Development, the local
provider must be a residential utility company that offers service to the
residents of the Development requesting the methodology. The De-
partment will use the Texas Electric Choice website: http://www.pow-
ertochoose.org/ to verify the availability of service. If the utility com-
pany is not listed as a provider in the Development's ZIP code, the re-
quest will be denied. Additionally, the estimate must be signed by the
utility provider representative and specifically include all "component
charges" for providing the utility service. Receipt of the information
from the utility provider begins the ninety (90) day period after which
the new utility allowance must be used to compute gross rent;
(3) The HUD Utility Schedule Model. A utility estimate
can be calculated by using the "HUD Utility Schedule Model" that can
be found at http://www.huduser.org/portal/resources/utilmodel.html
(or successor Uniform Resource Locator). Each item on the schedule
must be displayed out to two decimal places. The total allowance must
be rounded up to the next whole dollar amount. The rates used must be
no older than the rates in effect sixty (60) days prior to the beginning
of the ninety (90) day period in which the Owner intends to implement
the allowance. For Owners calculating a utility allowance under this
methodology, the model, along with all back-up documentation used
in the model, must be submitted to the Department, on a Compact Disc
or flash drive, within the timeline described in subsection (h) of this
section. The date entered as the "Form Date" on the "Location" tab
of the spreadsheet will be the date used to begin the ninety (90) day
period after which the new utility allowance must be used to compute
gross rent;
(4) An Energy Consumption Model. The utility consump-
tion estimate must be calculated by a properly licensed mechanical
engineer or an individual holding a valid Residential Energy Service
Network (RESNET) or Certified Energy Manager (CEM) certification.
The individual must not be related to the Owner within the meaning
of 267(b) or 707(b) of the Code. The utility consumption estimate
must, at minimum, take into consideration specific factors that include,
but are not limited to, Unit size, building orientation, design and ma-
terials, mechanical systems, appliances, and characteristics of building
location. Use of the Energy Consumption Model is limited to the build-
ing's consumption data for the twelve (12) month period ending no ear-
lier than sixty (60) days prior to the beginning of the ninety (90) day pe-
riod and utility rates used must be no older than the rates in place sixty
(60) days prior to the beginning of the ninety (90) day period. In the
case of a newly constructed or renovated building with less than twelve
(12) months of consumption data, the qualified professional may use
consumption data for the twelve (12) month period from units of sim-
ilar size and construction in the geographic area in which the building
containing the units is located. The ninety (90) day period after which
the new utility allowance must be used to compute gross rent will begin
sixty (60) days after the end on the last month of the twelve (12) month
period for which data was used to compute the estimate; and(5) An allowance based upon an average of the actual use
of similarly constructed and sized Units in the building using actual
utility usage data and rates, provided that the Development Owner has
the written permission of the Department. This methodology is referred
to as the "Actual Use Method."
(g) For a Development Owner to use the Actual Use Method
they must:
(1) Provide a minimum sample size of usage data for at
least 5 Continuously Occupied Units of each Unit Type or 20 percent of
each Unit Type whichever is greater. Example 614(3): A Development
has 20 three bedroom/one bath Units, and 80 three bedroom/two bath
Units. Each bedroom/bathroom equivalent Unit is within 120 square
feet of the same floor area. Data must be supplied for at least five of
the three bedroom/one bath Units, and sixteen of the three bedroom/two
bath Units. If there are less than five Units of any Unit Type, data for
100 percent of the Unit Type must be provided;
(2) Scan the information in subparagraphs (A) - (E) of this
paragraph onto a CD and submit it to the Department no later than
the beginning of the ninety (90) day period after which the Owner in-
tends to implement the allowance, reflecting data no older than sixty
(60) days prior to the ninety (90) day implementation period. Example
614(4): The utility provider releases the information regarding electric
usage at Westover Townhomes on February 5, 2010. The data provided
is from February 1, 2009, through January 31, 2010. The Owner must
submit the information to the Department no later than March 31, 2010,
for the information to be valid;
(A) An Excel spreadsheet listing each Unit for which
data was obtained to meet the minimum sample size requirement of a
Unit Type, the number of bedrooms, bathrooms and square footage for
each Unit, the household's move-in date, the actual kilowatt usage for
each month of the twelve (12) month period for each Unit for which
data was obtained, and the rates in place at the time of the submission;
(B) A copy of the request to the utility provider (or
billing entity for the utility provider) to provide usage data;
(C) All documentation obtained from the utility
provider (or billing entity for the utility provider) and/or copies of
actual utility bills gathered from the residents, including all usage data
not needed to meet the minimum sample size requirement and any
written correspondence from the utility provider;
(D) The rent roll showing occupancy as of the end of the
month for the month in which the data was requested from the utility
provider; and
(E) Documentation of the current utility allowance used
by the Development.
(3) Upon receipt of the required information, the Depart-
ment will determine if the Development Owner has provided the mini-
mum information necessary to calculate an allowance using the Actual
Use Method. If so, the Department shall calculate the utility allowance
for each bedroom size using the guidelines described in subparagraphs
(A) - (E) of this paragraph;
(A) If data is obtained for more than 20 percent of all
units or there are more than 5 of a Unit Type, all data will be used to
calculate the allowance;
(B) If more than twelve (12) months of data is provided
for any Unit, only the data for the most current twelve (12) months will
be averaged;
(C) The allowance will be calculated by multiplying the
average units of measure for the applicable utility (i.e., kilowatts overADOPTED RULES November 22, 2013 38 TexReg 8413
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Texas. Secretary of State. Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013, periodical, November 22, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379965/m1/101/?rotate=270: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.