[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1619 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1619
To establish the Office of Sustainable Housing and Communities, to
establish the Interagency Council on Sustainable Communities, to
establish a comprehensive planning grant program, to establish a
sustainability challenge grant program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 6, 2009
Mr. Dodd (for himself, Mr. Menendez, Mr. Merkley, Mr. Bennet, Mr.
Akaka, and Mr. Schumer) introduced the following bill; which was read
twice and referred to the Committee on Banking, Housing, and Urban
Affairs
_______________________________________________________________________
A BILL
To establish the Office of Sustainable Housing and Communities, to
establish the Interagency Council on Sustainable Communities, to
establish a comprehensive planning grant program, to establish a
sustainability challenge grant program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Livable
Communities Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
Sec. 5. Office of Sustainable Housing and Communities.
Sec. 6. Interagency Council on Sustainable Communities.
Sec. 7. Comprehensive planning grant program.
Sec. 8. Sustainability challenge grant program.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Demographic trends support the need for cooperation in
land use planning and the development of housing and
transportation. The population of the United States will grow
from approximately 307,000,000 people to approximately
439,000,000 people during the period between 2009 and 2050, an
increase of more than 40 percent.
(2) The demographic groups that are most likely to use
public transportation are the groups that are projected to
increase in size the most during the period between 2009 and
2025.
(3) By 2025, nearly 1 in every 5 people in the United
States will be 65 years of age or older.
(4) During the period between 1980 and 2000, the growth of
the largest 99 metropolitan areas in the continental United
States consumed 16,000,000 acres of rural land, or about 1 acre
for every new household.
(5) In 2007, traffic congestion caused people in large and
small metropolitan areas of the United States to waste
4,200,000,000 hours in traffic and to purchase an extra
2,800,000,000 gallons of fuel, for a congestion cost of
$87,200,000,000. This represents a 5-fold increase in wasted
time and cost since 1982.
(6) The Energy Information Administration of the Department
of Energy forecasts that driving will increase 59 percent
between 2005 and 2030, far outpacing the projected 23 percent
increase in population.
(7) According to the United States Census Bureau, only 54
percent of households in the United States have access to
public transportation.
(8) In 2008, voters throughout the United States approved
State and local ballot initiatives that supported public
transportation 79 percent of the time, even when it meant local
taxes would be raised or continued.
(9) Demographers estimate that as much as 30 percent of
current demand for housing is for housing in dense, walkable,
mixed-use communities, and that less than 2 percent of new
housing is in this category.
(10) The average household spends 19 percent of its
household budget on transportation, and some very low-income
households spend as much as 55 percent of the household budget
on transportation. Households with good access to public
transportation spend only 9 percent of the household budget on
transportation, which increases the portion of the household
budget available for other critical household needs.
(11) The need for safe and affordable housing is great.
Fifty-four percent of renters spend more than 30 percent of
their income on housing costs, and 29 percent of renters pay
more than 50 percent of their income for housing. In 2007,
there was a shortage of 2,800,000 units of affordable housing
for extremely low-income renter households.
(12) People who live in areas of compact development (where
housing, shopping, jobs, and public transportation are in close
proximity) drive 20 to 40 percent less than people who live in
average development patterns in the United States.
(13) When the effects of emissions savings from passengers
taking transit instead of driving and the reduction in vehicle
miles traveled due to the impact of transit on land use are
taken into account, public transportation in the United States
reduces carbon dioxide emissions by nearly 37,000,000 metric
tons each year.
(14) Transportation accounts for 70 percent of the oil
consumed in the United States and nearly \1/3\ of carbon
emissions in the United States come from the transportation
sector. Reducing the growth of the number of miles driven and
providing transportation alternatives through good planning and
sustainable development is a necessary part of the energy
independence and climate change strategies of the United
States.
(15) A number of studies, reports, and articles by
organizations including the Environmental Protection Agency,
the National Association of Realtors, and the Transit
Cooperative Research Project have found that one of the keys to
revitalizing and maintaining the character of town centers and
preserving surrounding agricultural land in small and rural
communities is to prevent commercial and residential
development on the outskirts of town, by promoting integrated
housing, economic, and transportation development in town
centers.
(16) More than 1,600,000 rural households do not have
access to cars.
(17) The burden of transportation costs is especially heavy
for low-income rural residents, because residents of rural
areas drive approximately 17 percent more than residents of
urban areas.
(18) Demand for public transportation in rural and small
town communities is growing. Between 2002 and 2005, ridership
on small urban and rural public transportation systems
increased 20 percent.
(19) Poorly planned development in rural areas can fragment
agricultural and forest lands, pollute waterways with surface
water runoff, cause unnecessary environmental impacts, strain
the capacity of rural roads, and sap economic vitality from
existing ``main street'' commercial areas.
(20) Funding for integrated housing, transportation,
energy, environmental, and economic development and other land
use planning efforts at the local and regional levels is
necessary to provide for sustainable development and smart
growth.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to facilitate and improve the coordination of housing,
community development, transportation, energy, and
environmental policy in the United States;
(2) to coordinate Federal policies and investments to
promote sustainable development;
(3) to encourage regional planning for livable communities
and the adoption of sustainable development techniques,
including transit-oriented development;
(4) to provide a variety of safe, reliable transportation
choices, with special emphasis on public transportation and
complete streets, in order to reduce traffic congestion,
greenhouse gas emissions, and dependence on foreign oil;
(5) to provide affordable, energy-efficient, and location-
efficient housing choices for people of all ages, incomes,
races, and ethnicities, and to make the combined costs of
housing and transportation more affordable to families;
(6) to support, revitalize, and encourage growth in
existing communities, in order to maximize the cost
effectiveness of existing infrastructure and preserve
undeveloped lands;
(7) to promote economic development and competitiveness by
connecting the housing and employment locations of workers,
reducing traffic congestion, and providing families with access
to essential services;
(8) to preserve the environment and natural resources,
including agricultural and rural land and green spaces; and
(9) to support public health and improve quality of life
for the residents of and workers in communities by promoting
healthy, walkable neighborhoods, access to green space, and the
mobility to pursue greater opportunities.
SEC. 4. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Affordable housing.--The term ``affordable housing''
means housing, the cost of which does not exceed 30 percent of
the income of a family.
(2) Census tract.--The term ``census tract'' means a small,
relatively permanent statistical subdivision of a county,
delineated by a local committee of census data users for the
purpose of presenting data.
(3) Chairperson.--The term ``Chairperson'' means the
Chairperson of the Interagency Council on Sustainable
Communities.
(4) Complete street.--The term ``complete street'' means a
street that enables all travelers, particularly public transit
users, bicyclists, pedestrians (including individuals of all
ages and individuals with disabilities), and motorists, to use
the street safely and efficiently.
(5) Comprehensive regional plan.--The term ``comprehensive
regional plan'' means a plan that--
(A) identifies land use, transportation, community
development, housing, economic development,
environmental, energy, and infrastructure needs and
goals in a region;
(B) provides strategies for meeting the needs and
goals described in subparagraph (A), including
strategies for--
(i) providing affordable, energy-efficient,
and location-efficient housing choices for
people of all ages, incomes, races, and
ethnicities;
(ii) reducing growth in vehicle miles
traveled, in order to reduce traffic congestion
and regional greenhouse gas emissions from
transportation;
(iii) encouraging economic competitiveness
and economic development; and
(iv) increasing the connectivity of the
region by increasing public transportation
ridership and improving access to
transportation alternatives; and
(C) prioritizes projects for funding and
implementation.
(6) Consortium of units of general local governments.--The
term ``consortium of units of general local governments'' means
a consortium of geographically contiguous units of general
local government that the Secretary determines--
(A) represents all or part of a metropolitan
statistical area or a micropolitan statistical area;
(B) has the authority under State or local law to
carry out planning activities, including surveys, land
use studies, environmental or public health analyses,
and development of urban revitalization plans; and
(C) has provided documentation to the Secretary
sufficient to demonstrate that the purpose of the
consortium is to carry out a project using a grant
awarded under this Act.
(7) Council.--The term ``Council'' means the Interagency
Council on Sustainable Communities established under section 6.
(8) Department.--The term ``Department'' means the
Department of Housing and Urban Development.
(9) Director.--The term ``Director'' means the Director of
the Office of Sustainable Housing and Communities established
under section 5.
(10) Extremely low-income family.--The term ``extremely
low-income family''--
(A) means a family that has an income that does not
exceed--
(i) 30 percent of the median income in the
area where the family lives, as determined by
the Secretary, with appropriate adjustments for
the size of the family; or
(ii) a percentage of the median income in
the area where the family lives, as determined
by the Secretary upon a finding by the
Secretary that such percentage is necessary due
to unusually high or low family incomes in the
area where the family lives; and
(B) includes a family that includes a person with
special needs, including an elderly person or a person
with disabilities, as those terms are defined in
section 3(b) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)).
(11) High-poverty area.--The term ``high-poverty area''
means a census tract, or a group of contiguous census tracts,
that has a poverty rate of 20 percent or more.
(12) Livable community.--The term ``livable community''
means a metropolitan, urban, suburban, rural, or neighborhood
community that--
(A) provides safe and reliable transportation
choices;
(B) provides affordable, energy-efficient, and
location-efficient housing choices for people of all
ages, incomes, races, and ethnicities;
(C) supports, revitalizes, and encourages the
growth of existing communities and maximizes the cost
effectiveness of existing infrastructure;
(D) promotes economic development and economic
competitiveness;
(E) preserves the environment and natural
resources;
(F) protects agricultural land, rural land, and
green spaces; and
(G) supports public health and improves the quality
of life for residents of and workers in the community.
(13) Location-efficient.--The term ``location-efficient''
characterizes development, housing, or neighborhoods that
integrate land use, mixed-use housing and commercial
development, employment, and transportation--
(A) to enhance mobility;
(B) to encourage transit-oriented development;
(C) to encourage infill development and the use of
existing infrastructure; and
(D) to reduce growth in vehicle miles traveled and
the transportation costs and energy requirements
associated with ownership or rental of a home.
(14) Low-income family.--The term ``low-income family''--
(A) has the same meaning as in section 3(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b));
and
(B) includes a low-income family with a person with
special needs, including an elderly person or a person
with disabilities, as those terms are defined section
3(b) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)).
(15) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given
that term in section 134(b) of title 23, United States Code,
and section 5303(b) of title 49, United States Code.
(16) Metropolitan statistical area.--The term
``metropolitan statistical area'' means a county or group of
counties that--
(A) is designated by the Office of Management and
Budget as a metropolitan statistical area; and
(B) has 1 or more large population centers with a
population of not less than 50,000 and adjacent
territory with a high level of integration with the
core.
(17) Micropolitan statistical area.--The term
``micropolitan statistical area'' means a county or group of
counties that--
(A) is designated by the Office of Management and
Budget as a micropolitan statistical area; and
(B) has 1 or more large urban clusters with a
population of not less than 10,000 and not more than
50,000.
(18) Office.--The term ``Office'' means the Office of
Sustainable Housing and Communities established under section
5.
(19) Regional council.--The term ``regional council'' means
a multi-service regional organization with State and locally
defined boundaries that is--
(A) accountable to units of general local
government;
(B) delivers a variety of Federal, State, and local
programs; and
(C) performs planning functions and provides
professional and technical assistance.
(20) Rural planning organization.--The term ``rural
planning organization'' means a voluntary organization of local
elected officials and representatives of local transportation
systems that--
(A) works in cooperation with the department of
transportation (or equivalent entity) of a State to
plan transportation networks and advise officials of
the State on transportation planning; and
(B) is located in a rural area--
(i) with a population of not less than
5,000; and
(ii) that is not located in an area
represented by a metropolitan planning
organization.
(21) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(22) State.--The term ``State'' means the several States,
the District of Columbia, Puerto Rico, Guam, the Northern
Mariana Islands, the Virgin Islands, American Samoa, and the
Trust Territory of the Pacific Islands.
(23) Sustainable development.--The term ``sustainable
development'' means a pattern of resource use designed to
create livable communities by--
(A) providing a variety of safe and reliable
transportation choices;
(B) providing affordable, energy-efficient, and
location-efficient housing choices for people of all
income levels, ages, races, and ethnicities;
(C) supporting, revitalizing, and encouraging the
growth of communities and maximizing the cost
effectiveness of existing infrastructure;
(D) promoting economic development and economic
competitiveness;
(E) preserving the environment and natural
resources;
(F) protecting agricultural land, rural land, and
green spaces; and
(G) supporting public health and improving the
quality of life for residents of and workers in a
community.
(24) Transit-oriented development.--The term ``transit-
oriented development'' means high-density, walkable, mixed-use
development (including commercial development, affordable
housing, and market-rate housing) that is within walking
distance of and accessible to 1 or more public transportation
facilities.
(25) Unit of general local government.--The term ``unit of
general local government'' means--
(A) a city, county, town, township, parish,
village, or other general purpose political subdivision
of a State; or
(B) a combination of general purpose political
subdivisions, as determined by the Secretary.
(26) Unit of special purpose local government.--The term
``unit of special purpose local government''--
(A) means a division of a unit of general purpose
government that serves a special purpose and does not
provide a broad array of services; and
(B) includes an entity such as a school district, a
housing agency, a transit agency, and a parks and
recreation district.
(27) Very low-income family.--The term ``very low-income
family''--
(A) has the same meaning as in section 3(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b));
and
(B) includes a very low-income family with a person
with special needs, including an elderly person or a
person with disabilities, as those terms are defined
section 3(b) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)).
(28) Workforce housing.--The term ``workforce housing''
means housing, the cost of which does not exceed 30 percent
of--
(A) 120 percent of the median income in the area
where the family lives, as determined by the Secretary,
with appropriate adjustments for the size of family; or
(B) a percentage, as determined by the Secretary,
of the median income in the area where the family
lives, upon a finding by the Secretary that such
percentage is necessary due to unusually high or low
family incomes in the area where the family lives.
SEC. 5. OFFICE OF SUSTAINABLE HOUSING AND COMMUNITIES.
(a) Office Established.--There is established in the Department an
Office of Sustainable Housing and Communities, which shall--
(1) coordinate Federal policies and initiatives that foster
livable communities, including--
(A) encouraging sustainable development at the
State, regional, and local levels;
(B) encouraging the development of comprehensive
regional plans;
(C) fostering energy-efficient communities and
housing;
(D) providing affordable, location-efficient
housing choices for people of all ages, incomes, races,
and ethnicities, particularly for low-, very low-, and
extremely low-income families; and
(E) working with the Federal Transit Administration
of the Department of Transportation to--
(i) encourage transit-oriented development;
and
(ii) coordinate Federal housing, community
development, and transportation policies;
(2) conduct research and advise the Secretary on the
research agenda of the Department relating to sustainable
development;
(3) provide administrative support for participation by the
Secretary in the activities of the Council;
(4) implement and oversee the grant programs established
under this Act by--
(A) developing grant applications for each grant
program;
(B) promulgating regulations relating to each grant
program;
(C) selecting recipients of grants under each grant
program;
(D) creating performance measures for recipients of
grants under each grant program;
(E) developing technical assistance and other
guidance to assist recipients of grants and potential
applicants for grants under each grant program;
(F) monitoring and evaluating the performance of
recipients of grants under each grant program; and
(G) carrying out such other activities relating to
the administration of the grant programs under this Act
as the Secretary determines are necessary;
(5) provide guidance, information on best practices, and
technical assistance to communities seeking to adopt
sustainable development policies and practices;
(6) provide guidance and technical assistance to
communities seeking to prepare applications for the
comprehensive planning grant program under section 7;
(7) administer initiatives of the Department relating to
the policies described in paragraph (1), as determined by the
Secretary; and
(8) coordinate with and conduct outreach to other Federal
agencies, including the Federal Transit Administration of the
Department of Transportation and the Office of Smart Growth of
the Environmental Protection Agency, on sustainability issues.
(b) Director.--The head of the Office shall be the Director of the
Office of Sustainable Housing and Communities.
(c) Duties Relating to Grant Programs.--
(1) In general.--The Director, in coordination with the
Council or a working group established by the Council under
section 6(b)(6), shall carry out the grant programs established
under this Act.
(2) Interim working group.--During the period between the
date of enactment of this Act and the date on which a
memorandum of understanding is signed under section 6(a)(7), in
carrying out the grant programs under this Act, the Secretary
shall consult with an interim working group that includes the
Secretary of Transportation, the Administrator of the
Environmental Protection Agency (or the designee of such
Secretary or Administrator), and representatives from such
other Federal agencies, departments, or offices, as the
President may determine.
(3) Technical assistance for grant recipients and
applicants.--The Director may--
(A) coordinate with the members of the Council to
establish interagency and multidisciplinary teams to
provide technical assistance to recipients of and
prospective applicants for grants under this Act;
(B) make contracts with third parties to provide
technical assistance to grant recipients and
prospective applicants for grants; and
(C) establish a technical assistance program for
prospective applicants, particularly prospective
applicants from smaller communities, preparing to apply
for grants under section 7.
(d) Report on Housing Location Affordability Index.--
(1) Study.--The Director shall conduct a study on--
(A) the development of a housing location
affordability index that includes housing and
transportation costs; and
(B) ways in which the affordability index described
in subparagraph (A) could be made available to the
public to inform consumers of the combined costs of
housing and transportation.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Director shall submit to the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Financial Services of the House of
Representatives a report on the study under paragraph (1).
(e) Report on Incentives for Energy-Efficient Mortgages and
Location-Efficient Mortgages.--
(1) Definitions.--In this subsection--
(A) the term ``energy-efficient mortgage'' means a
mortgage loan under which the income of the borrower,
for purposes of qualification for such loan, is
considered to be increased by not less than $1 for each
$1 of savings projected to be realized by the borrower
as a result of cost-effective energy-saving design,
construction, or improvements (including use of
renewable energy sources, such as solar, geothermal,
biomass, and wind, super-insulation, energy-saving
windows, insulating glass and film, and radiant
barrier) for the home for which the loan is made; and
(B) the term ``location-efficient mortgage'' means
a mortgage loan under which--
(i) the income of the borrower, for
purposes of qualification for such loan, is
considered to be increased by not less than $1
for each $1 of savings projected to be realized
by the borrower because the location of the
home for which the loan is made will result in
decreased transportation costs for the
household of the borrower; or
(ii) the sum of the principal, interest,
taxes, and insurance due under the mortgage
loan is decreased by not less than $1 for each
$1 of savings projected to be realized by the
borrower because the location of the home for
which the loan is made will result in decreased
transportation costs for the household of the
borrower.
(2) Study.--
(A) In general.--The Director shall conduct a study
on incentives for encouraging lenders to make, and
homebuyers and homeowners to participate in, energy-
efficient mortgages and location-efficient mortgages,
including--
(i) fee reductions;
(ii) fee waivers;
(iii) interest rate reductions; and
(iv) adjustment of mortgage qualifications.
(B) Considerations.--In studying the incentives
under subparagraph (A), the Secretary shall consider
the potential for lower risk of default on energy-
efficient mortgages and location-efficient mortgages in
comparison to mortgages that are not energy-efficient
or location-efficient.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Director shall submit to the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Financial Services of the House of
Representatives a report on the study under paragraph (2).
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out this section.
SEC. 6. INTERAGENCY COUNCIL ON SUSTAINABLE COMMUNITIES.
(a) Establishment of Council.--
(1) Establishment.--There is established in the executive
branch an independent entity to be known as the Interagency
Council on Sustainable Communities.
(2) Members.--
(A) In general.--The members of the Council are--
(i) the Secretary, the Secretary of
Transportation, and the Administrator of the
Environmental Protection Agency; and
(ii) such representatives from other
Federal agencies, departments, or offices in
the executive branch as the President may
prescribe.
(B) Designees.--
(i) In general.--The head of a Federal
agency described in subparagraph (A) may select
a designee to serve in the place of the head of
the Federal agency on the Council.
(ii) Qualifications.--The head of a Federal
agency that selects a designee under clause (i)
shall ensure that the designee has the
appropriate experience and authority to serve
on the Council.
(C) Pay.--The members of the Council shall serve
with no additional pay.
(3) Chairperson.--
(A) Chairperson.--The Chairperson of the Council
shall be, in successive terms--
(i) the Secretary;
(ii) the Secretary of Transportation; and
(iii) the Administrator of the
Environmental Protection Agency.
(B) Duties.--The Chairperson shall--
(i) set the time, date, and location of
each meeting of the Council; and
(ii) in consultation with the members of
the Council, set the agenda for each meeting of
the Council.
(C) Term.--The Chairperson shall serve for a term
of 1 year.
(D) First chairperson.--The Secretary shall be the
first individual to serve as Chairperson after the date
of enactment of this Act.
(4) Executive director and staff.--
(A) Executive director.--
(i) Appointment and compensation.--The
Council shall appoint an Executive Director,
who shall be compensated at a rate not to
exceed the rate of basic pay for level V of the
Executive Schedule under section 5316 of title
5, United States Code.
(ii) Sense of congress.--It is the sense of
Congress that the Council should appoint an
Executive Director not later than 90 days after
the date of enactment of this Act.
(B) Additional personnel.--With the approval of the
Council, the Executive Director of the Council may
appoint and fix the compensation of such additional
personnel as the Executive Director determines are
necessary to carry out the duties of the Council.
(C) Detailees from other agencies.--Upon request of
the Council, the head of any Federal agency may detail
any of the personnel of such agency to the Council to
assist the Council in carrying out its duties under
this section.
(D) Experts and consultants.--With the approval of
the Council, the Executive Director of the Council may
procure temporary and intermittent services pursuant to
section 3109(b) of title 5, United States Code.
(5) Consultation with additional secretaries and
administrators.--
(A) Consultation.--In carrying out its duties under
this section, the Council may consult with the heads of
departments, agencies, and offices in the executive
branch, including the Secretary of Energy, the
Secretary of Education, the Secretary of Agriculture,
the Secretary of Health and Human Services, the
Secretary of Commerce, the Chairman of the Council on
Environmental Quality, and the Director of the White
House Office of Urban Affairs.
(B) Participation in meetings of council.--The head
of a department, agency, or office with whom the
Council consults under subparagraph (A) may participate
in a meeting of the Council.
(C) Information sharing.--The head of each Federal
agency shall make available to the Council such
information as may be necessary for the Council to
carry out its duties under this section.
(6) Meetings.--The Council shall meet--
(A) not later than 90 days after the date of
enactment of this Act; and
(B) not less frequently than 3 times each year.
(7) Governance.--Not later than 120 days after the date of
enactment of this Act, the members of the Council shall develop
and sign a memorandum of understanding that establishes rules
relating to the governance of the Council, including rules
relating to the process by which decisions of the Council are
made.
(8) Incorporation of work of interim working group.--Any
activities carried out by an interim working group pursuant to
section 5(c)(2) shall be incorporated into the activities of
the Council, effective on the date the memorandum of
understanding under paragraph (7) is signed.
(b) Duties of the Council.--The Council shall--
(1) ensure interagency coordination of Federal policy on
sustainable development;
(2) conduct outreach to nonprofit and for-profit
organizations and State and local governments to build
partnerships and knowledge relating to sustainable development;
(3) ensure that the research agendas of departments and
agencies of the Federal Government on sustainable development
are coordinated;
(4) establish a clearinghouse for guidance, best practices,
and other information for communities undertaking activities
relating to sustainable development;
(5) coordinate an assessment by departments and agencies of
the Federal Government of impediments to sustainable
development, including impediments created by Federal programs,
and the development of recommendations for methods for
overcoming such impediments; and
(6) coordinate with the Director on activities relating to
the grant programs established under this Act, as described in
section 5(a)(4), or establish a working group to coordinate
with the Director on such activities.
(c) Reports.--
(1) Annual report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Council
shall submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives a report on the activities and
accomplishments of the Council.
(2) Recommendations.--Not later than 1 year after the date
of enactment of this Act, the Council shall submit to the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Financial Services of the House of
Representatives a report that contains--
(A) an analysis of impediments to sustainable
development; and
(B) recommendations for action by the Federal
Government on issues relating to sustainable
development.
(d) Study of Federal Actions.--Not later than 3 years after the
date of enactment of this Act, the Comptroller General shall submit to
the Committee on Banking, Housing, and Urban Affairs of the Senate and
the Committee on Financial Services of the House of Representatives a
report that contains--
(1) an updated analysis of impediments to sustainable
development, as described in subsection (c)(2)(A); and
(2) a description of actions taken by the Federal
Government to implement the recommendations made by the Council
in the report under subsection (c)(2)(B).
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 7. COMPREHENSIVE PLANNING GRANT PROGRAM.
(a) Definitions.--In this section--
(1) the term ``eligible entity'' means a partnership
between a consortium of units of general local government and
an eligible partner;
(2) the term ``eligible partner'' means--
(A) a metropolitan planning organization, a rural
planning organization, or a regional council; or
(B) a metropolitan planning organization, a rural
planning organization, or a regional council, and a
State; and
(3) the term ``grant program'' means the comprehensive
planning grant program established under subsection (b).
(b) Comprehensive Planning Grant Program Established.--The Director
shall establish a comprehensive planning grant program to make grants
to eligible entities to carry out a project to--
(1) coordinate land use, housing, transportation, and
infrastructure planning processes across jurisdictions and
agencies;
(2) identify potential regional partnerships for developing
and implementing a comprehensive regional plan;
(3) conduct or update housing, infrastructure,
transportation, energy, and environmental assessments to
determine regional needs and promote sustainable development;
(4) develop or update--
(A) a comprehensive regional plan; or
(B) goals and strategies to implement an existing
comprehensive regional plan; and
(5) implement local zoning and other code changes necessary
to implement a comprehensive regional plan and promote
sustainable development.
(c) Grants.--
(1) Amount of grants.--
(A) Micropolitan statistical areas and small
metropolitan statistical areas.--The amount awarded
under the grant program to an eligible entity that
represents all or part of a micropolitan area, or a
metropolitan statistical area with a population of not
more than 200,000, may not exceed $750,000.
(B) Mid-sized metropolitan statistical areas.--The
amount awarded under the grant program to an eligible
entity that represents all or part of a metropolitan
statistical area with a population of more than 200,000
and less than 500,000 may not exceed $1,500,000.
(C) Large metropolitan statistical areas.--The
amount awarded under the grant program to an eligible
entity that represents all or part of a metropolitan
statistical area with a population of 500,000 or more
may not exceed $5,000,000.
(2) Federal share.--The Federal share of the cost of a
project carried out using a grant under the grant program may
not exceed 80 percent.
(3) Availability of funds.--
(A) In general.--An eligible entity that receives a
grant under the grant program shall--
(i) obligate any funds received under the
grant program not later than 3 years after the
date on which the grant agreement under
subsection (g) is made; and
(ii) expend any funds received under the
grant program not later than 4 years after the
date on which the grant agreement under
subsection (g) is made.
(B) Unobligated amounts.--After the date described
in subparagraph (A)(i), the Secretary may award to
another eligible entity, to carry out activities under
this section, any amounts that an eligible entity has
not obligated under subparagraph (A)(i).
(d) Application.--
(1) In general.--An eligible entity that desires a grant
under the grant program shall submit to the Director an
application at such time and in such manner as the Director
shall prescribe.
(2) Contents.--Each application shall contain--
(A) a description of the project proposed to be
carried out by the eligible entity;
(B) a budget for the project that includes the
anticipated Federal share of the cost of the project
and a description of the source of the non-Federal
share;
(C) a signed copy of a memorandum of understanding
among local jurisdictions, including, as appropriate, a
State, units of general purpose local government, units
of special purpose local government, metropolitan
planning organizations, rural planning organizations,
and regional councils that demonstrates--
(i) the creation of a consortium of units
of general local government;
(ii) a commitment to develop a
comprehensive regional plan; and
(iii) a commitment to implement the plan
after it is developed;
(D) a certification that the eligible entity has
created, or will create not later than 1 year after the
date of the grant award, a regional advisory board to
provide input and feedback on the development of the
comprehensive regional plan that includes, as
appropriate, representatives of a State, the
metropolitan planning organization, the rural planning
organization, the regional council, public
transportation agencies, public housing agencies,
economic development authorities, other local
governments, environmental agencies, public health
agencies, the nonprofit community, the private sector,
community-based organizations, citizen groups,
neighborhood groups, and members of the public;
(E) a certification that the eligible entity has
solicited public comment on the contents of the project
description under subparagraph (A) that includes--
(i) a certification that the eligible
entity has held 1 or more public hearings;
(ii) a description of the process for
receiving public comment;
(iii) a summary of the comments received;
and
(iv) such other information as the Director
may require;
(F) a description of how the eligible entity will
carry out the activities under subsection (f); and
(G) such additional information as the Director may
require.
(e) Selection.--In evaluating an application for a grant under the
grant program, the Director shall consider the extent to which the
application--
(1) furthers the creation of livable communities;
(2) demonstrates the technical capacity of the eligible
entity to carry out the project;
(3) demonstrates the extent to which the consortium has
developed partnerships throughout an entire micropolitan or
metropolitan statistical area, including, as appropriate,
partnerships with the entities described in subsection
(d)(2)(D);
(4) demonstrates a commitment to--
(A) sustainable development;
(B) location-efficient and transit-oriented
development;
(C) developing new capacity for public
transportation and increasing ridership on public
transportation;
(D) providing affordable, energy-efficient, and
location-efficient housing choices for families of all
ages, incomes, races, and ethnicities;
(E) creating and preserving long-term affordable,
energy-efficient, and location-efficient housing for
low-, very low-, and extremely low-income families;
(F) revitalizing communities, neighborhoods and
commercial centers supported by existing
infrastructure;
(G) monitoring and improving environmental quality,
including air and water quality, energy use, greenhouse
gas emissions, and the redevelopment of brownfields;
and
(H) coordinating the provision of transportation
services to elderly, disabled, and low-income
populations;
(5) demonstrates a plan for implementing a comprehensive
regional plan through regional infrastructure investment plans
and local land use plans;
(6) promotes diversity among the geographic regions and the
sizes of the population of the communities served by recipients
of grants under this section;
(7) promotes economic benefits;
(8) demonstrates that a Federal grant is necessary to
accomplish the project proposed to be carried out;
(9) has a high quality overall; and
(10) demonstrates such other qualities as the Director may
determine.
(f) Eligible Activities.--An eligible entity that receives a grant
under this section shall carry out a project that includes 1 or more of
the following activities:
(1) Planning and coordinating across jurisdictions in the
region to develop a comprehensive regional plan.
(2) Developing achievable goals and strategies for carrying
out the comprehensive regional plan, including--
(A) land use, zoning, and other code reform,
including reform of conservation zoning in agricultural
and other natural resource areas;
(B) promoting efficient land use, mixed-use
development, and the preservation of agricultural,
green, and open space;
(C) increasing access to and ridership on public
transportation;
(D) the creation and preservation of workforce
housing and affordable housing for low-, very low-, and
extremely low-income families, including housing with
access to jobs and public transportation;
(E) promoting economic development and transit-
oriented development;
(F) revitalizing communities; and
(G) promoting environmental protection and public
health and reducing greenhouse gas emissions.
(3) Developing a plan that outlines feasible steps for
implementing the comprehensive regional plan, including making
interjurisdictional agreements that provide for cooperative and
coordinated approaches to achieving the goals of the plan.
(4) Assessing projected regional population growth or loss
and demographic changes.
(5) Assessing how the regional population growth or loss
and demographic changes will impact the need for housing,
community development, and transportation, including public
transportation in the region.
(6) Assessing the accessibility of job centers within the
region to public transportation facilities and housing.
(7) Assessing transportation options in the region,
including--
(A) public transportation options;
(B) options for people with low incomes, people
living in high-poverty areas, elderly people, and
people with disabilities; and
(C) any obstacles to providing access to locations
that offer employment opportunities.
(8) Developing techniques to inform decision makers on how
growth of population and employment, development patterns, and
investments in transportation infrastructure are likely to
affect travel, congestion, air quality, and quality of life.
(9) Assessing the daily vehicle miles traveled in the
region and opportunities for reducing the growth in daily
vehicle miles traveled and traffic congestion.
(10) Assessing housing needs, including the need for
workforce housing and affordable housing for low-, very low-,
and extremely low-income families, and the availability of
housing in the region to meet such needs.
(11) Assessing the need to create, preserve, and improve
long-term affordable housing for low-, very low-, and extremely
low-income families and families that utilize workforce housing
in areas that--
(A) are undergoing redevelopment or carrying out
transit-oriented development; and
(B) have access to services including
transportation (particularly public transportation),
neighborhood commercial centers, and medical services.
(12) Assessing methods for lowering the combined cost of
housing and transportation for families in the region,
particularly for families that utilize workforce housing and
for low-, very low-, and extremely low-income families.
(13) Assessing existing infrastructure and infrastructure
needs in the region, including projected water needs and
sources, the need for sewer infrastructure, and the existence
of flood plains.
(14) Assessing local land use and zoning policies and
opportunities for revising or expanding such policies to
implement a comprehensive regional plan.
(15) Assessing the opportunity to revitalize existing
communities, including infill development.
(16) Assessing environmental and public health needs in the
region and potential strategies for reducing greenhouse gas
emissions, improving air and water quality, and remediating
brownfield sites.
(17) Assessing projected loss of agricultural and rural
land and other green space in the region to development, and
methods to minimize such loss.
(18) Evaluating any tools or resources that are available
to address regional needs identified in an assessment under any
of paragraphs (4) through (7) and (9) through (17) and to
monitor progress in meeting such needs, including any existing
sources of funding and any sources of funding that are lacking.
(19) Implementing land use, zoning, and other code reforms
to promote location efficiency and sustainable development.
(20) Other activities consistent with the purposes of this
Act, as determined by the Director.
(g) Grant Agreement.--Each eligible entity that receives a grant
under this section shall agree to establish, in coordination with the
Director, performance measures that must be met at the end of each year
in which the eligible entity receives funds under the grant program.
(h) Violation of Grant Agreement.--If the Director determines that
an eligible entity has not met the performance measures established
under subsection (g), is not making reasonable progress toward meeting
such measures, or is otherwise in violation of the grant agreement, the
Director may--
(1) withhold financial assistance until the performance
measures are met; or
(2) terminate the grant agreement.
(i) Sustainability Challenge Grants.--An eligible entity that
receives a grant under this section and has created a comprehensive
regional plan may apply for a sustainability challenge grant under
section 8.
(j) Reports Required.--
(1) Annual report.--Not later than 60 days after the end of
the first year after the grant agreement is made under
subsection (g), and each year thereafter, an eligible entity
that receives a grant under this section shall submit to the
Director a progress report that contains--
(A) a description of any progress made toward
meeting the performance measures established under
subsection (g), including--
(i) a description of any partnership
created across policy and governmental
jurisdictions and a description of any task
force or multiagency group established by the
eligible entity at the regional level; and
(ii) a description of--
(I) housing, land use,
transportation, public transportation,
energy, infrastructure, and
environmental needs in the region; or
(II) the obstacles encountered that
prevented the eligible entity from
completing a comprehensive evaluation
of housing, land use, transportation,
public transportation, energy,
infrastructure, and environmental
needs, and a date by which the eligible
entity expects to complete the
evaluation;
(B) a description of any planning goals for the
region that address housing, transportation, public
transportation, energy, infrastructure, and
environmental needs;
(C) a description of--
(i) a strategy for meeting the goals
described in subparagraph (B), including a
discussion of potential transportation,
housing, transit-oriented development, energy,
infrastructure, or environmental activities; or
(ii) the obstacles encountered that
prevented the eligible entity from completing a
strategy for meeting the goals identified under
clause (i) and a date by which the eligible
entity expects to complete the strategy; and
(D) any other information the Director may require.
(2) Final report.--Not later than 90 days after the date on
which the grant agreement under subsection (g) expires, an
eligible entity that receives a grant under this section shall
submit to the Director a final report that contains--
(A) a description of a comprehensive regional plan
that includes specific projects that will help meet
housing, transportation, energy, infrastructure, and
environmental goals for the region;
(B) a detailed description of how the plan under
subparagraph (A) meets the performance measures
established under subsection (g);
(C) a plan for next steps to be taken by the
eligible entity, including whether the eligible entity
intends to apply for a sustainability challenge grant
under section 8; and
(D) any other information the Director may require.
(k) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to the Secretary for the award of grants under this section,
$100,000,000 for each of fiscal years 2010 through 2013, to
remain available until expended.
(2) Technical assistance.--The Director may use 2 percent
of the amounts made available under this subsection for a
fiscal year for technical assistance under section 5(c)(3).
SEC. 8. SUSTAINABILITY CHALLENGE GRANT PROGRAM.
(a) Definitions.--In this section--
(1) the term ``eligible entity'' means a partnership
between a consortium of units of general local government and
an eligible partner;
(2) the term ``eligible partner'' means--
(A) a metropolitan planning organization, a rural
planning organization, or a regional council; or
(B) a metropolitan planning organization, a rural
planning organization, or a regional council, and a
State; and
(3) the term ``grant program'' means the sustainability
challenge grant program established under subsection (b).
(b) Sustainability Challenge Grant Program Established.--The
Director shall establish a sustainability challenge grant program to
make grants to eligible entities to--
(1) promote integrated transportation, housing, energy, and
economic development activities carried out across policy and
governmental jurisdictions;
(2) promote sustainable and location-efficient development;
and
(3) implement projects identified in a comprehensive
regional plan.
(c) Grants.--
(1) Micropolitan statistical area or small metropolitan
statistical area.--The total amount awarded under this section
to an eligible entity that represents all or part of a
micropolitan area, or a metropolitan area with a population of
not more than 200,000, may not exceed $15,000,000.
(2) Metropolitan statistical areas between 200,000 and
500,000.--The total amount awarded under this section to an
eligible entity that represents all or part of a metropolitan
statistical area with a population of more than 200,000 and
less than 500,000 may not exceed $35,000,000.
(3) Large metropolitan areas.--The total amount awarded
under this section to an eligible entity that represents all or
part of a metropolitan area with a population of 500,000 may
not exceed $100,000,000.
(4) Federal share.--The Federal share of the cost of a
project under this section may not exceed 80 percent.
(5) Availability of funds.--
(A) In general.--An eligible entity that receives a
grant under the grant program shall--
(i) obligate any funds received under the
grant program not later than 3 years after the
date on which the grant agreement under
subsection (g) is made; and
(ii) expend any funds received under the
grant program not later than 5 years after the
date on which the grant agreement under
subsection (g) is made.
(B) Unobligated amounts.--After the date described
in subparagraph (A)(i), the Secretary may award to
another eligible entity, to carry out activities under
this section, any amounts that an eligible entity has
not obligated under subparagraph (A)(i).
(d) Application.--An eligible entity that desires a grant under
this section shall submit to the Director an application that
contains--
(1) a copy of the comprehensive regional plan, whether
developed as part of the comprehensive planning grant program
under section 7 or developed independently;
(2) a description of the project or projects proposed to be
carried out using a grant under the grant program;
(3) a description of any preliminary actions that have been
or must be taken at the local or regional level to implement
the project or projects under paragraph (2), including the
revision of land use or zoning policies;
(4) a signed copy of a memorandum of understanding among
local jurisdictions, including, as appropriate, a State, units
of general purpose local government, units of special purpose
local government, metropolitan planning organizations, rural
planning organizations, and regional councils that
demonstrates--
(A) the creation of a consortium of units of
general local government; and
(B) a commitment to implement the activities
described in the comprehensive regional plan;
(5) a certification that the eligible entity has solicited
public comment on the contents of the project description under
paragraph (2) that includes--
(A) a certification that the eligible entity has
held 1 or more public hearings;
(B) a description of the process for receiving
public comment;
(C) a summary of the comments received; and
(D) such other information as the Director may
require;
(6) a budget for the project that includes the Federal
share of the cost of the project or projects requested and a
description of the source of the non-Federal share; and
(7) such additional information as the Director may
require.
(e) Selection.--In evaluating an application for a grant under the
grant program, the Director shall consider the extent to which the
application--
(1) furthers the creation of livable communities;
(2) demonstrates the technical capacity of the eligible
entity to carry out the project;
(3) demonstrates the extent to which the eligible entity
has developed partnerships throughout an entire micropolitan or
metropolitan statistical area, including partnerships with
units of special purpose local government and public
transportation agencies;
(4) demonstrates clear and meaningful interjurisdictional
cooperation and coordination of housing, transportation, and
environmental policies and plans;
(5) demonstrates a commitment to implementing a
comprehensive regional plan and documents action taken or
planned to implement the plan, including--
(A) rezoning or other changes to land use controls
to enable mixed-use, mixed-income development;
(B) planned or proposed public transportation
investments, including--
(i) financial contributions for capital and
operating costs of public transportation;
(ii) improvements for bicycle riders and
pedestrians;
(iii) action taken to increase the number
of trips made using public transportation and
bicycles and by walking; and
(iv) special efforts to address the needs
of elderly, disabled, and low-income
populations, including populations in rural
areas;
(C) investment in and actions relating to plans or
proposals for incentives, subsidies, or requirements
for developers to create and preserve affordable
housing, including--
(i) workforce housing and affordable
housing for low-income families, particularly
housing in mixed-income, location-efficient
neighborhoods with transit-oriented development
and access to public transportation,
employment, and commercial and other services;
and
(ii) affordable housing for very low- and
extremely low-income families, particularly
housing in mixed-income, location-efficient
neighborhoods with transit-oriented
development;
(D) actions taken to promote transit-oriented
development, including plans or proposals for zoning,
or for incentives, subsidies, or requirements for
developers; and
(E) planned or proposed incentives, subsidies, or
requirements designed to preserve agricultural and
rural land and other green space, including planned or
proposed programs for the purchase of development
rights;
(6) minimizes the Federal share necessary to carry out the
project;
(7) identifies original and innovative ideas to overcoming
regional problems, including local land use and zoning (or
other code) obstacles to carrying out the comprehensive
regional plan;
(8) promotes location-efficient development through--
(A) mixed-income, mixed-use residential and
commercial development that is accessible to jobs and
public transportation; or
(B) development that is pedestrian-friendly and
includes complete street projects;
(9) promotes diversity among the geographic regions and the
sizes of the population of the communities served by recipients
of grants under this section;
(10) demonstrates that a Federal grant is necessary to
accomplish the project or projects proposed to be carried out;
(11) has a high quality overall; and
(12) demonstrates such other qualities as the Director may
determine.
(f) Grant Activities.--
(1) Planning activities.--An eligible entity that receives
a grant under the grant program may use not more than 10
percent of the grant for planning activities.
(2) Projects and investments.--An eligible entity that
receives a grant under the grant program shall carry out 1 or
more projects that--
(A) are designed to achieve goals identified in a
comprehensive regional plan; and
(B) promote livable communities through investment
in--
(i) transit-oriented development;
(ii) transportation infrastructure and
facilities, including public transportation,
projects that improve access to public
transportation, structured parking near public
transportation, and complete street projects;
(iii) short-term operating funds to
initiate a demonstration of new public
transportation services;
(iv) promotion of employer-based commuter
benefit programs to increase public
transportation ridership;
(v) promotion of trip reduction programs
and the use of transportation alternatives;
(vi) creating or preserving affordable
housing for low-, very low-, and extremely low-
income families in mixed-income, mixed-use
neighborhoods with access to public
transportation;
(vii) brownfield redevelopment, or other
redevelopment of communities and commercial
areas, including the main streets of small
towns;
(viii) infrastructure maintenance and
improvement initiatives that support regionally
integrated planning and smart growth;
(ix) energy efficiency retrofit projects;
(x) land banking for transit-oriented
development;
(xi) implementing land use, zoning, and
other code reforms to promote location-
efficient development and sustainable
development;
(xii) other economic development that is
part of the comprehensive regional plan; and
(xiii) other activities consistent with the
purposes of this Act, as determined by the
Director.
(g) Grant Agreement.--Each eligible entity that receives a grant
under this section shall agree to establish, in coordination with the
Director, performance measures and reporting requirements that must be
met at the end of each year in which the eligible entity receives funds
under the grant program.
(h) Violation of Grant Agreement.--If the Director determines that
an eligible entity has not met the performance measures established
under subsection (g), is not making reasonable progress toward meeting
such measures, or is otherwise in violation of the grant agreement, the
Director may--
(1) withhold financial assistance until the performance
measures are met; or
(2) terminate the grant agreement.
(i) Report on the Sustainability Challenge Grant.--
(1) In general.--Not later than 90 days after the date on
which the grant agreement under subsection (g) expires, an
eligible entity that receives a grant under this section shall
submit a final report on the project to the Council.
(2) Contents of report.--The report shall include--
(A) a detailed explanation of the activities
undertaken using the grant, including an explanation of
the completed project and how it achieves specific
transit-oriented, transportation, housing, or
sustainable community goals within the region;
(B) a discussion of any obstacles encountered in
the planning and implementation process and how the
eligible entity overcame the obstacles;
(C) an evaluation of the success of the project
using the performance standards and measures
established under subsection (g), including an
evaluation of the planning and implementation process
and how the project contributes to carrying out the
comprehensive regional plan; and
(D) any other information the Director may require.
(3) Interim report.--The Director may require an eligible
entity to submit an interim report, before the date on which
the project for which the grant is awarded is completed.
(j) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to the Secretary for the award of grants under this section, to
remain available until expended--
(A) $750,000,000 for fiscal year 2011;
(B) $1,250,000,000 for fiscal year 2012; and
(C) $1,750,000,000 for fiscal year 2013.
(2) Technical assistance.--Of amounts made available under
this subsection, the Director may use for technical assistance
under section 5(c)(3) an amount that does not exceed the lesser
of--
(A) 0.5 percent of the amounts made available under
this subsection for a fiscal year; and
(B) $2,000,000.
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