PUBLIC LAW 101-625—NOV. 28, 1990 104 STAT. 4187 SEC. 508. COOLING DEGREE DAY ADJUSTMENT UNDER PERFORMANCE 42 USC 1437g FUNDING SYSTEM. note. In determining the Performance Funding System utility subsidy for public housing agencies pursuant to section 9 of the United States Housing Act of 1937, the Secretary of Housing and Urban Development shall include a cooling degree day adjustment factor. The method by which a cooling degree day adjustment factor is included shall be identical to the method by which the heating degree day adjustment factor is included. SEC. 509. FORMULA ALLOCATION OF MODERNIZATION FUNDING. (a) FORMULA ALLOCATION TO AGENCIES WITH 500 OR MORE UNITS. — (1) IN GENERAL.— Section 14(k) of the United States Housing Act of 1937 (42 U.S.C. 1437/(k)) is amended to read as follows: "(k)(1) From amounts approved in appropriation Acts for grants under this section for fiscal year 1992 and each fiscal year thereafter, and to the extent provided by such Acts, the Secretary shall reserve not more than $75,000,000 (including unused amounts reserved during previous fiscal years), which shall be available for modernization needs resulting from natural and other disasters and from emergencies. Amounts provided for emergencies shall be repaid by public housing agencies from future allocations of assistance under paragraph (2), where available. "(2)(A) After determining the amounts to be reserved under paragraphs (1) and (5)(D)(iv), the Secretary shall allocate the amount remaining pursuant to a formula contained in a regulation prescribed by the Secretary, which shall be designed to measure the relative needs of public housing agencies. The formula shall take into account amounts previously made available by the Secretary for modernization under this section and for major reconstruction of obsolete projects, to the extent determined appropriate by the Secretary. "(B) The Secretary shall allocate half of the amount allocated under this paragraph based on the relative backlog needs of public housing agencies, determined— "(i) for individual public housing agencies with 500 or more units and for the aggregate of agencies with fewer than 500 units, where the data are statistically reliable, on the basis of the most recently available, statistically reliable data regarding the (I) backlog of needed repairs and replacements of existing physical systems in public housing projects, (II) items that must be added to projects to meet the modernization standards of the Secretary (referred to in subsection (e)(l)(A)(iiXD) and State and local codes, and (III) items that are necessary or highly desirable for the long-term viability of a project; or "(ii) for individual public housing agencies with 500 or more units, where such data are not statistically reliable, on the basis of estimates of the categories of backlog specified in clause (i) using the most recently available data on the backlog, and objectively measurable data on public housing agency, community, and project characteristics regarding— "(I) the average number of bedrooms in the units in a project; "(II) the proportion of units in a project available for occupancy by very large families; 39-194O-91-28:QL3Part5
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