Build America, Buy America Breaking News Roundup

In the past week, HUD and the Department of Transportation have published four BABA updates that impact housing and community development agencies:

• PIH Notice 2025-06: Build America, Buy America Implementation Guidance for the Public Housing Program,
• CPD Notice 25-01: CPD Implementation Guidance for the Build America, Buy America Act’s Buy America Preference,
• Non-availability Waiver applicable to Domestically Assembled Solar Photovoltaics (PV) panels referred to as “Solar Modules” Effective as of January 10, and
• Public Interest Waiver of the Application of Certain Domestic Preference Requirements and Policies for Transit-Oriented Development Housing Projects.

PIH Notice 2025-06: Build America, Buy America Implementation Guidance for the Public Housing Program

A major change included in this notice is the provision that buildings with four or fewer units are now exempted from BABA even if they receive Federal Financial Assistance that would otherwise subject them to BABA:

“Federal Financial Assistance may be spent on a project that is not an Infrastructure Project because it does not include expenditures to construct, alter, maintain, or repair buildings that that are private housing (i.e., that contain fewer than 5 dwelling units).  For example, if the only buildings included in a project were duplexes, the Project would not be an Infrastructure Project that is subject to BABA. In contrast, projects consisting of the construction, maintenance, alteration, or repair of multifamily housing—i.e., buildings that contain 5 or more dwelling units—are not considered private homes for personal use because they are multifamily housing projects and therefore are subject to BABA requirements.”

NAHRO applauds this change and the flexibility it will provide to small developments. The notice requests public comments be submitted within 30 days of January 16, and NAHRO suggests agencies submit feedback to HUD during this time.

This guidance supersedes PIH 2024-01 and updates a number of components of the previous notice, provides additional documentation resources as an appendix, and revises other topics. See the February 15 edition of The NAHRO Monitor for more information.

CPD Notice 25-01: CPD Implementation Guidance for the Build America, Buy America Act’s Buy America Preference

This notice replaces CPD 2023-12, the previous CPD guidance on BABA. It provides updated guidance on applying for project-specific waivers, compliance checklists, programs not covered, and other topics.

Solar Module Non-Availability Waiver

This is a final notice implementing a public interest waiver allowing agencies to buy solar panels assembled—but not manufactured—in the U.S. until December 31, 2025. NAHRO provided comments on the proposed waiver and applauds HUD’s responsiveness to PHAs’ experiences showing a waiver is necessary.

Public Interest for Transit-Oriented Development Waiver

The Department of Transportation pre-published a final waiver on January 16, 2025 covering transit-oriented development projects receiving assistance under the Transportation Infrastructure Finance and Innovation Act (TIFIA) and Railroad Rehabilitation and Improvement Financing (RRIF) programs.

As it has done since 2022, NAHRO will continue communicating with HUD and other government agencies to ensure a workable implementation of BABA. See the February 15 edition of The NAHRO Monitor for more information on these BABA developments.