[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4461 Referred in Senate (RFS)]

2d Session
H. R. 4461

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

July 10 (legislative day, July 9), 2008

Received; read twice and referred to the Committee on Banking, Housing,
and Urban Affairs

_______________________________________________________________________

AN ACT

To promote and enhance the operation of local building code enforcement
administration across the country by establishing a competitive Federal
matching grant program.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Community Building Code
Administration Grant Act of 2008''.

SEC. 2. GRANT PROGRAM AUTHORIZED.

(a) Grant Authorization.--The Secretary of Housing and Urban
Development shall provide grants to local building code enforcement
departments.
(b) Competitive Awards.--The Secretary shall award grants under
subsection (a) on a competitive basis pursuant to the criteria set
forth in section 6, but also taking into consideration the following:
(1) The financial need of each building code enforcement
department.
(2) The benefit to the local jurisdiction of having an
adequately funded building code enforcement department.
(3) The demonstrated ability of each building code
enforcement department to work cooperatively with other local
code enforcement offices, health departments, and local
prosecutorial agencies.
(c) Maximum Amount.--The maximum amount of any grant awarded under
this section shall not exceed $1,000,000.

SEC. 3. REQUIRED ELEMENTS IN GRANT PROPOSALS.

In order to be eligible for a grant under section 2, a local
building code enforcement department shall submit to the Secretary the
following:
(1) A demonstration of the jurisdiction's needs in
executing building code enforcement administration.
(2) A plan for the use of any funds received under this Act
that addresses the needs discussed in paragraph (1) and that is
consistent with the authorized uses established in section 4.
(3) A plan for local governmental actions to be taken to
establish and sustain local building code enforcement
administration functions, without continuing Federal support,
at a level at least equivalent to that proposed in the grant
application.
(4) A plan to create and maintain a program of public
outreach that includes a regularly updated and readily
accessible means of public communication, interaction, and
reporting regarding the services and work of the local building
code enforcement department to be supported by the grant.
(5) A plan for ensuring the timely and effective
administrative enforcement of building safety and fire
prevention violations.

SEC. 4. USE OF FUNDS; MATCHING FUNDS.

(a) Authorized Uses.--Grants awarded under section 2 may be used by
the grant recipient to supplement existing State or local funding for
building code enforcement administration. Such funds may be used to
increase staffing, provide staff training, increase staff competence
and professional qualifications, support individual certification or
departmental accreditation, or for capital expenditures specifically
dedicated to the administration of the local building code enforcement
department.
(b) Additional Requirement.--Each local building code enforcement
department receiving a grant under section 2 shall empanel a code
administration and enforcement team consisting of at least 1 full-time
building code enforcement officer, a city planner, and a health planner
or similar officer.
(c) Matching Funds Required.--
(1) In general.--To be eligible to receive a grant under
this Act, a local building code enforcement department serving
an area with a population of--
(A) over 50,000 shall provide matching, non-Federal
funds in an amount equal to not less than 50 percent of
the total amount of any grant to be awarded under this
Act;
(B) between 20,001 and 50,000 shall provide
matching, non-Federal funds in an amount equal to not
less than 25 percent of the total amount of any grant
to be awarded under this Act; or
(C) under 20,000 shall provide matching, non-
Federal funds in an amount equal to not less than 12.5
percent of the total amount of any grant to be awarded
under this Act.
(2) Economic distress.--
(A) In general.--The Secretary may waive the
matching fund requirements under paragraph (1), and
institute, by regulation, new matching fund
requirements based upon the level of economic distress
of the local jurisdiction in which the local building
code enforcement department seeking such grant is
located.
(B) Content of regulations.--Any regulations
instituted under subparagraph (A) shall include--
(i) a method that allows for a comparison
of the degree of economic distress among the
local jurisdiction's of grant applicants, as
measured by the differences in the extent of
growth lag, the extent of poverty, and the
adjusted age of housing in such jurisdiction;
and
(ii) any other factor determined to be
relevant by the Secretary in assessing the
comparative degree of economic distress among
such local jurisdictions.
(d) In-Kind Contributions.--In determining the non-Federal share
required to be provided under subsection (c), the Secretary shall
consider in-kind contributions, not to exceed 50 percent of the amount
that the department contributes in non-Federal funds.
(e) Waiver of Matching Requirement.--The Secretary shall waive the
matching fund requirements under subsection (c) for any recipient
jurisdiction that has legislatively dedicated all building code
permitting fees to the conduct of local building code enforcement.

SEC. 5. RATING AND RANKING OF APPLICATIONS.

Eligible applications will be rated and ranked according to the
criteria described in section 6. All complete applications will be
compared to one another and points assigned on a continuum within each
criteria with the maximum points awarded to the application that best
meets the criteria.

SEC. 6. CRITERIA.

(a) Need and Community Benefit From Code Enforcement Grant Funds.--
The degree to which the application demonstrates the intent and means
to ensure cooperative and effective working relationships between local
building code enforcement officials and other local agencies, as well
as a community-oriented approach to building code enforcement.

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Description Maximum Points
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A detailed description of the capital expenditures to be acquired with 0-10
grant funds and a demonstration that the items' costs are reasonable.
The jurisdiction's need for the capital expenditure and how the grant 0-10
funds will fulfill this need.
The joint benefits provided by the proposed expenditure for the 0-5
following groups or activities. Provide a brief explanation of the
benefit. (1 point will be awarded for each response, 5 points maximum).
1. Code enforcement program.
2. Community or jurisdiction.
3. Interdisciplinary code enforcement team.
4. Housing preservation, rehabilitation programs, or neighborhood
improvement programs.
5. Special needs groups (disabled, elderly or low or very-low income,
etc.).
Does the proposed capital expenditure provide a cost savings benefit to 0-5
the jurisdiction? Provide a brief explanation of the cost savings.
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(b) Current Code Enforcement and Housing Conservation Plan.--Has
the local legislative body in which the applicant resides adopted a
``plan'' which addresses residential structure conservation and
building code enforcement? From the following list, select 1
description that best reflects such jurisdiction's ``plan'' for
building code enforcement activities. Points will be awarded as
follows:

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Description Maximum Points
----------------------------------------------------------------------------------------------------------------
The plan provides for proactive code enforcement (not just responding to 10
complaints), an interdisciplinary approach, and includes funding
options for repairs and rehabilitation.
The plan only provides for proactive code enforcement (not just 8
responding to complaints) and calls for an interdisciplinary approach
and does not address funding options for repairs and rehabilitation.
The plan provides for some type of proactive code enforcement (other 6
than just responding to complaints) but doesn't address coordinated
interdisciplinary activities with other local public agencies or
funding options.
The plan provides for only reactive code enforcement. 4
The plan only refers to a need to preserve and/or improve existing 2
housing stock, without any code enforcement program.
No existing plan. 0
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(c) Community-Oriented or Interdisciplinary Code Enforcement.--The
degree to which the application demonstrates the intent and means to
ensure cooperative and effective working relationships between building
code enforcement officials and other local agencies, as well as a
community-oriented approach to code enforcement.

----------------------------------------------------------------------------------------------------------------
Description Maximum Points
----------------------------------------------------------------------------------------------------------------
Identify current or proposed interdisciplinary code enforcement programs 0-10
or activities and the team members (example: code enforcement, police,
local prosecutors, health department, building and planning, fire,
etc.). Provide a description of the team's code enforcement and
coordination procedures, activities and services provided. If the
current programs or resources are limited in scope, explain how receipt
of the grant will be used to improve the program.
Identify current or proposed community-oriented code enforcement 0-10
programs, activities or services. (Examples: community clean-ups,
Neighborhood Watch programs, community meetings, door-to-door code
enforcement knock and talks, etc.). If the current programs or
resources are limited in scope, explain how receipt of the grant will
be used to improve the program.
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(d) Proactive Code Enforcement Activities.--The effectiveness of
the proposed or existing proactive activities and programs operated by
any existing building code enforcement program. Describe such
activities or programs, include any of the following:

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Description Maximum Points
----------------------------------------------------------------------------------------------------------------
Encourages repairs and preservation, rather than demolition or 0-5
abandonment, of substandard residences.
Abatement of (a) lead hazards and lead-based paints, (b) toxic molds and 0-5
dampness, and (c) displacement or relocation of residents.
Community clean-up campaigns. This may include recycling dates, free or 0-5
reduced disposal rates at dumpsite, public clean-up days that encourage
removal of unwanted or excess debris by making available extra trash
pick-ups, dumpsites or trash/recycling containers on specific dates to
dispose of household debris, inoperable vehicles, tires, toxic
materials, etc.
Resource or referral programs for Federal, State, local, and private 0-5
funds and other resources available in your jurisdiction that can
assist with housing rehabilitation and repairs to rectify code
violations.
Public education programs on housing issues. These could include 0-5
community housing meetings dealing with homeownership, tenant/landlord
issues, housing code enforcement, school age children's programs with
coloring books or handouts, housing safety pamphlets, etc.
Programs that encourage community involvement with groups; such as 0-5.
schools, church non-profits, community service groups, utility
companies, local stores, housing agency banks, etc.
----------------------------------------------------------------------------------------------------------------

(e) Capacity To Financially and Technically Support Proposed
Capital Expenditures.--The degree to which the application demonstrates
the jurisdiction's financial and technical capacity to properly use and
successfully support the proposed capital expenditure during the term
of the grant.

SEC. 7. EVALUATION AND REPORT.

(a) In General.--Grant recipients shall--
(1) be obligated to fully account and report for the use of
all grants funds; and
(2) provide a report to the Secretary on the effectiveness
of the program undertaken by the grantee and any other criteria
requested by the Secretary for the purpose of indicating the
effectiveness of, and ideas for, refinement of the grant
program.
(b) Report.--The report required under subsection (a)(2) shall
include a discussion of--
(1) the specific capabilities and functions in local
building code enforcement administration that were addressed
using funds received under this Act;
(2) the lessons learned in carrying out the plans supported
by the grant; and
(3) the manner in which the programs supported by the grant
are to be maintained by the grantee.
(c) Content of Reports.--The Secretary shall--
(1) require each recipient of a grant under ths Act to file
interim and final reports under subsection (b) to ensure that
grant funds are being used as intended and to measure the
effectiveness and benefits of the grant program; and
(2) develop and maintain a means whereby the public can
access such reports, at no cost, via the Internet.

SEC. 8. DEFINITIONS.

For purposes of this Act, the following definitions shall apply:
(1) Building code enforcement department.--The term
``building code enforcement department'' means the building
code inspection or enforcement agency of a local jurisdiction.
(2) Jurisdiction.--The term ``jurisdiction'' means a city,
county, parish, city and county authority, or city and parish
authority having local authority to enforce building codes and
regulations and collect fees for building permits.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated
$20,000,000 for each of fiscal years 2009 through 2013 to the Secretary
of Housing and Urban Development to carry out the provisions of this
Act.
(b) Reservation.--From the amount made available under subsection
(a), the Secretary may reserve not more than 5 percent for
administrative costs.
(c) Availability.--Any funds appropriated pursuant to subsection
(a) shall remain available until expended.

Passed the House of Representatives July 9, 2008.

Attest:

LORRAINE C. MILLER,

Clerk.