[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1619 Reported in Senate (RS)]
Calendar No. 716
111th CONGRESS
2d 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, Mr. Schumer, Ms. Landrieu, Mr. Harkin, Mr. Franken, Mr.
Lieberman, Mr. Wyden, Mrs. Gillibrand, Mr. Reed, Mr. Lautenberg, Mr.
Cardin, Mr. Specter, Mr. Levin, Mr. Brown of Ohio, Mr. Warner, Mr.
Durbin, Mr. Sanders, Mrs. Shaheen, and Mr. Casey) introduced the
following bill; which was read twice and referred to the Committee on
Banking, Housing, and Urban Affairs
December 19, 2010
Reported by Mr. Dodd, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Livable
Communities Act of 2009''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Purposes.
<DELETED>Sec. 4. Definitions.
<DELETED>Sec. 5. Office of Sustainable Housing and Communities.
<DELETED>Sec. 6. Interagency Council on Sustainable Communities.
<DELETED>Sec. 7. Comprehensive planning grant program.
<DELETED>Sec. 8. Sustainability challenge grant program.
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds the following:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) By 2025, nearly 1 in every 5 people in the
United States will be 65 years of age or older.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (7) According to the United States Census Bureau,
only 54 percent of households in the United States have access
to public transportation.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (14) Transportation accounts for 70 percent of the
oil consumed in the United States and nearly
</DELETED>\<DELETED>1/3</DELETED>\ <DELETED>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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (16) More than 1,600,000 rural households do not
have access to cars.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. PURPOSES.</DELETED>
<DELETED> The purposes of this Act are--</DELETED>
<DELETED> (1) to facilitate and improve the coordination of
housing, community development, transportation, energy, and
environmental policy in the United States;</DELETED>
<DELETED> (2) to coordinate Federal policies and investments
to promote sustainable development;</DELETED>
<DELETED> (3) to encourage regional planning for livable
communities and the adoption of sustainable development
techniques, including transit-oriented development;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (6) to support, revitalize, and encourage growth
in existing communities, in order to maximize the cost
effectiveness of existing infrastructure and preserve
undeveloped lands;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (8) to preserve the environment and natural
resources, including agricultural and rural land and green
spaces; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 4. DEFINITIONS.</DELETED>
<DELETED> In this Act, the following definitions shall
apply:</DELETED>
<DELETED> (1) Affordable housing.--The term ``affordable
housing'' means housing, the cost of which does not exceed 30
percent of the income of a family.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Chairperson.--The term ``Chairperson'' means
the Chairperson of the Interagency Council on Sustainable
Communities.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Comprehensive regional plan.--The term
``comprehensive regional plan'' means a plan that--</DELETED>
<DELETED> (A) identifies land use, transportation,
community development, housing, economic development,
environmental, energy, and infrastructure needs and
goals in a region;</DELETED>
<DELETED> (B) provides strategies for meeting the
needs and goals described in subparagraph (A),
including strategies for--</DELETED>
<DELETED> (i) providing affordable, energy-
efficient, and location-efficient housing
choices for people of all ages, incomes, races,
and ethnicities;</DELETED>
<DELETED> (ii) reducing growth in vehicle
miles traveled, in order to reduce traffic
congestion and regional greenhouse gas
emissions from transportation;</DELETED>
<DELETED> (iii) encouraging economic
competitiveness and economic development;
and</DELETED>
<DELETED> (iv) increasing the connectivity
of the region by increasing public
transportation ridership and improving access
to transportation alternatives; and</DELETED>
<DELETED> (C) prioritizes projects for funding and
implementation.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) represents all or part of a
metropolitan statistical area or a micropolitan
statistical area;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (7) Council.--The term ``Council'' means the
Interagency Council on Sustainable Communities established
under section 6.</DELETED>
<DELETED> (8) Department.--The term ``Department'' means the
Department of Housing and Urban Development.</DELETED>
<DELETED> (9) Director.--The term ``Director'' means the
Director of the Office of Sustainable Housing and Communities
established under section 5.</DELETED>
<DELETED> (10) Extremely low-income family.--The term
``extremely low-income family''--</DELETED>
<DELETED> (A) means a family that has an income that
does not exceed--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (12) Livable community.--The term ``livable
community'' means a metropolitan, urban, suburban, rural, or
neighborhood community that--</DELETED>
<DELETED> (A) provides safe and reliable
transportation choices;</DELETED>
<DELETED> (B) provides affordable, energy-efficient,
and location-efficient housing choices for people of
all ages, incomes, races, and ethnicities;</DELETED>
<DELETED> (C) supports, revitalizes, and encourages
the growth of existing communities and maximizes the
cost effectiveness of existing
infrastructure;</DELETED>
<DELETED> (D) promotes economic development and
economic competitiveness;</DELETED>
<DELETED> (E) preserves the environment and natural
resources;</DELETED>
<DELETED> (F) protects agricultural land, rural
land, and green spaces; and</DELETED>
<DELETED> (G) supports public health and improves
the quality of life for residents of and workers in the
community.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) to enhance mobility;</DELETED>
<DELETED> (B) to encourage transit-oriented
development;</DELETED>
<DELETED> (C) to encourage infill development and
the use of existing infrastructure; and</DELETED>
<DELETED> (D) to reduce growth in vehicle miles
traveled and the transportation costs and energy
requirements associated with ownership or rental of a
home.</DELETED>
<DELETED> (14) Low-income family.--The term ``low-income
family''--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (16) Metropolitan statistical area.--The term
``metropolitan statistical area'' means a county or group of
counties that--</DELETED>
<DELETED> (A) is designated by the Office of
Management and Budget as a metropolitan statistical
area; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (17) Micropolitan statistical area.--The term
``micropolitan statistical area'' means a county or group of
counties that--</DELETED>
<DELETED> (A) is designated by the Office of
Management and Budget as a micropolitan statistical
area; and</DELETED>
<DELETED> (B) has 1 or more large urban clusters
with a population of not less than 10,000 and not more
than 50,000.</DELETED>
<DELETED> (18) Office.--The term ``Office'' means the Office
of Sustainable Housing and Communities established under
section 5.</DELETED>
<DELETED> (19) Regional council.--The term ``regional
council'' means a multi-service regional organization with
State and locally defined boundaries that is--</DELETED>
<DELETED> (A) accountable to units of general local
government;</DELETED>
<DELETED> (B) delivers a variety of Federal, State,
and local programs; and</DELETED>
<DELETED> (C) performs planning functions and
provides professional and technical
assistance.</DELETED>
<DELETED> (20) Rural planning organization.--The term
``rural planning organization'' means a voluntary organization
of local elected officials and representatives of local
transportation systems that--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) is located in a rural area--</DELETED>
<DELETED> (i) with a population of not less
than 5,000; and</DELETED>
<DELETED> (ii) that is not located in an
area represented by a metropolitan planning
organization.</DELETED>
<DELETED> (21) Secretary.--The term ``Secretary'' means the
Secretary of Housing and Urban Development.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (23) Sustainable development.--The term
``sustainable development'' means a pattern of resource use
designed to create livable communities by--</DELETED>
<DELETED> (A) providing a variety of safe and
reliable transportation choices;</DELETED>
<DELETED> (B) providing affordable, energy-
efficient, and location-efficient housing choices for
people of all income levels, ages, races, and
ethnicities;</DELETED>
<DELETED> (C) supporting, revitalizing, and
encouraging the growth of communities and maximizing
the cost effectiveness of existing
infrastructure;</DELETED>
<DELETED> (D) promoting economic development and
economic competitiveness;</DELETED>
<DELETED> (E) preserving the environment and natural
resources;</DELETED>
<DELETED> (F) protecting agricultural land, rural
land, and green spaces; and</DELETED>
<DELETED> (G) supporting public health and improving
the quality of life for residents of and workers in a
community.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (25) Unit of general local government.--The term
``unit of general local government'' means--</DELETED>
<DELETED> (A) a city, county, town, township,
parish, village, or other general purpose political
subdivision of a State; or</DELETED>
<DELETED> (B) a combination of general purpose
political subdivisions, as determined by the
Secretary.</DELETED>
<DELETED> (26) Unit of special purpose local government.--
The term ``unit of special purpose local government''--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) includes an entity such as a school
district, a housing agency, a transit agency, and a
parks and recreation district.</DELETED>
<DELETED> (27) Very low-income family.--The term ``very low-
income family''--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (28) Workforce housing.--The term ``workforce
housing'' means housing, the cost of which does not exceed 30
percent of--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 5. OFFICE OF SUSTAINABLE HOUSING AND
COMMUNITIES.</DELETED>
<DELETED> (a) Office Established.--There is established in the
Department an Office of Sustainable Housing and Communities, which
shall--</DELETED>
<DELETED> (1) coordinate Federal policies and initiatives
that foster livable communities, including--</DELETED>
<DELETED> (A) encouraging sustainable development at
the State, regional, and local levels;</DELETED>
<DELETED> (B) encouraging the development of
comprehensive regional plans;</DELETED>
<DELETED> (C) fostering energy-efficient communities
and housing;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (E) working with the Federal Transit
Administration of the Department of Transportation to--
</DELETED>
<DELETED> (i) encourage transit-oriented
development; and</DELETED>
<DELETED> (ii) coordinate Federal housing,
community development, and transportation
policies;</DELETED>
<DELETED> (2) conduct research and advise the Secretary on
the research agenda of the Department relating to sustainable
development;</DELETED>
<DELETED> (3) provide administrative support for
participation by the Secretary in the activities of the
Council;</DELETED>
<DELETED> (4) implement and oversee the grant programs
established under this Act by--</DELETED>
<DELETED> (A) developing grant applications for each
grant program;</DELETED>
<DELETED> (B) promulgating regulations relating to
each grant program;</DELETED>
<DELETED> (C) selecting recipients of grants under
each grant program;</DELETED>
<DELETED> (D) creating performance measures for
recipients of grants under each grant
program;</DELETED>
<DELETED> (E) developing technical assistance and
other guidance to assist recipients of grants and
potential applicants for grants under each grant
program;</DELETED>
<DELETED> (F) monitoring and evaluating the
performance of recipients of grants under each grant
program; and</DELETED>
<DELETED> (G) carrying out such other activities
relating to the administration of the grant programs
under this Act as the Secretary determines are
necessary;</DELETED>
<DELETED> (5) provide guidance, information on best
practices, and technical assistance to communities seeking to
adopt sustainable development policies and practices;</DELETED>
<DELETED> (6) provide guidance and technical assistance to
communities seeking to prepare applications for the
comprehensive planning grant program under section 7;</DELETED>
<DELETED> (7) administer initiatives of the Department
relating to the policies described in paragraph (1), as
determined by the Secretary; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Director.--The head of the Office shall be the
Director of the Office of Sustainable Housing and
Communities.</DELETED>
<DELETED> (c) Duties Relating to Grant Programs.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Technical assistance for grant recipients and
applicants.--The Director may--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) make contracts with third parties to
provide technical assistance to grant recipients and
prospective applicants for grants; and</DELETED>
<DELETED> (C) establish a technical assistance
program for prospective applicants, particularly
prospective applicants from smaller communities,
preparing to apply for grants under section
7.</DELETED>
<DELETED> (d) Report on Housing Location Affordability Index.--
</DELETED>
<DELETED> (1) Study.--The Director shall conduct a study
on--</DELETED>
<DELETED> (A) the development of a housing location
affordability index that includes housing and
transportation costs; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (e) Report on Incentives for Energy-Efficient Mortgages
and Location-Efficient Mortgages.--</DELETED>
<DELETED> (1) Definitions.--In this subsection--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) the term ``location-efficient
mortgage'' means a mortgage loan under which--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Study.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) fee reductions;</DELETED>
<DELETED> (ii) fee waivers;</DELETED>
<DELETED> (iii) interest rate reductions;
and</DELETED>
<DELETED> (iv) adjustment of mortgage
qualifications.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (f) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be necessary to
carry out this section.</DELETED>
<DELETED>SEC. 6. INTERAGENCY COUNCIL ON SUSTAINABLE
COMMUNITIES.</DELETED>
<DELETED> (a) Establishment of Council.--</DELETED>
<DELETED> (1) Establishment.--There is established in the
executive branch an independent entity to be known as the
Interagency Council on Sustainable Communities.</DELETED>
<DELETED> (2) Members.--</DELETED>
<DELETED> (A) In general.--The members of the
Council are--</DELETED>
<DELETED> (i) the Secretary, the Secretary
of Transportation, and the Administrator of the
Environmental Protection Agency; and</DELETED>
<DELETED> (ii) such representatives from
other Federal agencies, departments, or offices
in the executive branch as the President may
prescribe.</DELETED>
<DELETED> (B) Designees.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) Pay.--The members of the Council shall
serve with no additional pay.</DELETED>
<DELETED> (3) Chairperson.--</DELETED>
<DELETED> (A) Chairperson.--The Chairperson of the
Council shall be, in successive terms--</DELETED>
<DELETED> (i) the Secretary;</DELETED>
<DELETED> (ii) the Secretary of
Transportation; and</DELETED>
<DELETED> (iii) the Administrator of the
Environmental Protection Agency.</DELETED>
<DELETED> (B) Duties.--The Chairperson shall--
</DELETED>
<DELETED> (i) set the time, date, and
location of each meeting of the Council;
and</DELETED>
<DELETED> (ii) in consultation with the
members of the Council, set the agenda for each
meeting of the Council.</DELETED>
<DELETED> (C) Term.--The Chairperson shall serve for
a term of 1 year.</DELETED>
<DELETED> (D) First chairperson.--The Secretary
shall be the first individual to serve as Chairperson
after the date of enactment of this Act.</DELETED>
<DELETED> (4) Executive director and staff.--</DELETED>
<DELETED> (A) Executive director.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Consultation with additional secretaries and
administrators.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (6) Meetings.--The Council shall meet--</DELETED>
<DELETED> (A) not later than 90 days after the date
of enactment of this Act; and</DELETED>
<DELETED> (B) not less frequently than 3 times each
year.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Duties of the Council.--The Council shall--</DELETED>
<DELETED> (1) ensure interagency coordination of Federal
policy on sustainable development;</DELETED>
<DELETED> (2) conduct outreach to nonprofit and for-profit
organizations and State and local governments to build
partnerships and knowledge relating to sustainable
development;</DELETED>
<DELETED> (3) ensure that the research agendas of
departments and agencies of the Federal Government on
sustainable development are coordinated;</DELETED>
<DELETED> (4) establish a clearinghouse for guidance, best
practices, and other information for communities undertaking
activities relating to sustainable development;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Reports.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) an analysis of impediments to
sustainable development; and</DELETED>
<DELETED> (B) recommendations for action by the
Federal Government on issues relating to sustainable
development.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) an updated analysis of impediments to
sustainable development, as described in subsection (c)(2)(A);
and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out this
section.</DELETED>
<DELETED>SEC. 7. COMPREHENSIVE PLANNING GRANT PROGRAM.</DELETED>
<DELETED> (a) Definitions.--In this section--</DELETED>
<DELETED> (1) the term ``eligible entity'' means a
partnership between a consortium of units of general local
government and an eligible partner;</DELETED>
<DELETED> (2) the term ``eligible partner'' means--
</DELETED>
<DELETED> (A) a metropolitan planning organization,
a rural planning organization, or a regional council;
or</DELETED>
<DELETED> (B) a metropolitan planning organization,
a rural planning organization, or a regional council,
and a State; and</DELETED>
<DELETED> (3) the term ``grant program'' means the
comprehensive planning grant program established under
subsection (b).</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) coordinate land use, housing, transportation,
and infrastructure planning processes across jurisdictions and
agencies;</DELETED>
<DELETED> (2) identify potential regional partnerships for
developing and implementing a comprehensive regional
plan;</DELETED>
<DELETED> (3) conduct or update housing, infrastructure,
transportation, energy, and environmental assessments to
determine regional needs and promote sustainable
development;</DELETED>
<DELETED> (4) develop or update--</DELETED>
<DELETED> (A) a comprehensive regional plan;
or</DELETED>
<DELETED> (B) goals and strategies to implement an
existing comprehensive regional plan; and</DELETED>
<DELETED> (5) implement local zoning and other code changes
necessary to implement a comprehensive regional plan and
promote sustainable development.</DELETED>
<DELETED> (c) Grants.--</DELETED>
<DELETED> (1) Amount of grants.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Availability of funds.--</DELETED>
<DELETED> (A) In general.--An eligible entity that
receives a grant under the grant program shall--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (d) Application.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Contents.--Each application shall contain--
</DELETED>
<DELETED> (A) a description of the project proposed
to be carried out by the eligible entity;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) the creation of a consortium
of units of general local government;</DELETED>
<DELETED> (ii) a commitment to develop a
comprehensive regional plan; and</DELETED>
<DELETED> (iii) a commitment to implement
the plan after it is developed;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (E) a certification that the eligible
entity has solicited public comment on the contents of
the project description under subparagraph (A) that
includes--</DELETED>
<DELETED> (i) a certification that the
eligible entity has held 1 or more public
hearings;</DELETED>
<DELETED> (ii) a description of the process
for receiving public comment;</DELETED>
<DELETED> (iii) a summary of the comments
received; and</DELETED>
<DELETED> (iv) such other information as the
Director may require;</DELETED>
<DELETED> (F) a description of how the eligible
entity will carry out the activities under subsection
(f); and</DELETED>
<DELETED> (G) such additional information as the
Director may require.</DELETED>
<DELETED> (e) Selection.--In evaluating an application for a grant
under the grant program, the Director shall consider the extent to
which the application--</DELETED>
<DELETED> (1) furthers the creation of livable
communities;</DELETED>
<DELETED> (2) demonstrates the technical capacity of the
eligible entity to carry out the project;</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (4) demonstrates a commitment to--</DELETED>
<DELETED> (A) sustainable development;</DELETED>
<DELETED> (B) location-efficient and transit-
oriented development;</DELETED>
<DELETED> (C) developing new capacity for public
transportation and increasing ridership on public
transportation;</DELETED>
<DELETED> (D) providing affordable, energy-
efficient, and location-efficient housing choices for
families of all ages, incomes, races, and
ethnicities;</DELETED>
<DELETED> (E) creating and preserving long-term
affordable, energy-efficient, and location-efficient
housing for low-, very low-, and extremely low-income
families;</DELETED>
<DELETED> (F) revitalizing communities,
neighborhoods and commercial centers supported by
existing infrastructure;</DELETED>
<DELETED> (G) monitoring and improving environmental
quality, including air and water quality, energy use,
greenhouse gas emissions, and the redevelopment of
brownfields; and</DELETED>
<DELETED> (H) coordinating the provision of
transportation services to elderly, disabled, and low-
income populations;</DELETED>
<DELETED> (5) demonstrates a plan for implementing a
comprehensive regional plan through regional infrastructure
investment plans and local land use plans;</DELETED>
<DELETED> (6) promotes diversity among the geographic
regions and the sizes of the population of the communities
served by recipients of grants under this section;</DELETED>
<DELETED> (7) promotes economic benefits;</DELETED>
<DELETED> (8) demonstrates that a Federal grant is necessary
to accomplish the project proposed to be carried out;</DELETED>
<DELETED> (9) has a high quality overall; and</DELETED>
<DELETED> (10) demonstrates such other qualities as the
Director may determine.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) Planning and coordinating across jurisdictions
in the region to develop a comprehensive regional
plan.</DELETED>
<DELETED> (2) Developing achievable goals and strategies for
carrying out the comprehensive regional plan, including--
</DELETED>
<DELETED> (A) land use, zoning, and other code
reform, including reform of conservation zoning in
agricultural and other natural resource
areas;</DELETED>
<DELETED> (B) promoting efficient land use, mixed-
use development, and the preservation of agricultural,
green, and open space;</DELETED>
<DELETED> (C) increasing access to and ridership on
public transportation;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (E) promoting economic development and
transit-oriented development;</DELETED>
<DELETED> (F) revitalizing communities;
and</DELETED>
<DELETED> (G) promoting environmental protection and
public health and reducing greenhouse gas
emissions.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Assessing projected regional population growth
or loss and demographic changes.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (6) Assessing the accessibility of job centers
within the region to public transportation facilities and
housing.</DELETED>
<DELETED> (7) Assessing transportation options in the
region, including--</DELETED>
<DELETED> (A) public transportation
options;</DELETED>
<DELETED> (B) options for people with low incomes,
people living in high-poverty areas, elderly people,
and people with disabilities; and</DELETED>
<DELETED> (C) any obstacles to providing access to
locations that offer employment
opportunities.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (9) Assessing the daily vehicle miles traveled in
the region and opportunities for reducing the growth in daily
vehicle miles traveled and traffic congestion.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) are undergoing redevelopment or
carrying out transit-oriented development;
and</DELETED>
<DELETED> (B) have access to services including
transportation (particularly public transportation),
neighborhood commercial centers, and medical
services.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (14) Assessing local land use and zoning policies
and opportunities for revising or expanding such policies to
implement a comprehensive regional plan.</DELETED>
<DELETED> (15) Assessing the opportunity to revitalize
existing communities, including infill development.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (17) Assessing projected loss of agricultural and
rural land and other green space in the region to development,
and methods to minimize such loss.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (19) Implementing land use, zoning, and other code
reforms to promote location efficiency and sustainable
development.</DELETED>
<DELETED> (20) Other activities consistent with the purposes
of this Act, as determined by the Director.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) withhold financial assistance until the
performance measures are met; or</DELETED>
<DELETED> (2) terminate the grant agreement.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (j) Reports Required.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) a description of any progress made
toward meeting the performance measures established
under subsection (g), including--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) a description of--</DELETED>
<DELETED> (I) housing, land use,
transportation, public transportation,
energy, infrastructure, and
environmental needs in the region;
or</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) a description of any planning goals
for the region that address housing, transportation,
public transportation, energy, infrastructure, and
environmental needs;</DELETED>
<DELETED> (C) a description of--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D) any other information the Director may
require.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) a detailed description of how the plan
under subparagraph (A) meets the performance measures
established under subsection (g);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D) any other information the Director may
require.</DELETED>
<DELETED> (k) Authorization of Appropriations.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 8. SUSTAINABILITY CHALLENGE GRANT PROGRAM.</DELETED>
<DELETED> (a) Definitions.--In this section--</DELETED>
<DELETED> (1) the term ``eligible entity'' means a
partnership between a consortium of units of general local
government and an eligible partner;</DELETED>
<DELETED> (2) the term ``eligible partner'' means--
</DELETED>
<DELETED> (A) a metropolitan planning organization,
a rural planning organization, or a regional council;
or</DELETED>
<DELETED> (B) a metropolitan planning organization,
a rural planning organization, or a regional council,
and a State; and</DELETED>
<DELETED> (3) the term ``grant program'' means the
sustainability challenge grant program established under
subsection (b).</DELETED>
<DELETED> (b) Sustainability Challenge Grant Program Established.--
The Director shall establish a sustainability challenge grant program
to make grants to eligible entities to--</DELETED>
<DELETED> (1) promote integrated transportation, housing,
energy, and economic development activities carried out across
policy and governmental jurisdictions;</DELETED>
<DELETED> (2) promote sustainable and location-efficient
development; and</DELETED>
<DELETED> (3) implement projects identified in a
comprehensive regional plan.</DELETED>
<DELETED> (c) Grants.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Federal share.--The Federal share of the cost
of a project under this section may not exceed 80
percent.</DELETED>
<DELETED> (5) Availability of funds.--</DELETED>
<DELETED> (A) In general.--An eligible entity that
receives a grant under the grant program shall--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (d) Application.--An eligible entity that desires a grant
under this section shall submit to the Director an application that
contains--</DELETED>
<DELETED> (1) a copy of the comprehensive regional plan,
whether developed as part of the comprehensive planning grant
program under section 7 or developed independently;</DELETED>
<DELETED> (2) a description of the project or projects
proposed to be carried out using a grant under the grant
program;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the creation of a consortium of units
of general local government; and</DELETED>
<DELETED> (B) a commitment to implement the
activities described in the comprehensive regional
plan;</DELETED>
<DELETED> (5) a certification that the eligible entity has
solicited public comment on the contents of the project
description under paragraph (2) that includes--</DELETED>
<DELETED> (A) a certification that the eligible
entity has held 1 or more public hearings;</DELETED>
<DELETED> (B) a description of the process for
receiving public comment;</DELETED>
<DELETED> (C) a summary of the comments received;
and</DELETED>
<DELETED> (D) such other information as the Director
may require;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (7) such additional information as the Director
may require.</DELETED>
<DELETED> (e) Selection.--In evaluating an application for a grant
under the grant program, the Director shall consider the extent to
which the application--</DELETED>
<DELETED> (1) furthers the creation of livable
communities;</DELETED>
<DELETED> (2) demonstrates the technical capacity of the
eligible entity to carry out the project;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (4) demonstrates clear and meaningful
interjurisdictional cooperation and coordination of housing,
transportation, and environmental policies and plans;</DELETED>
<DELETED> (5) demonstrates a commitment to implementing a
comprehensive regional plan and documents action taken or
planned to implement the plan, including--</DELETED>
<DELETED> (A) rezoning or other changes to land use
controls to enable mixed-use, mixed-income
development;</DELETED>
<DELETED> (B) planned or proposed public
transportation investments, including--</DELETED>
<DELETED> (i) financial contributions for
capital and operating costs of public
transportation;</DELETED>
<DELETED> (ii) improvements for bicycle
riders and pedestrians;</DELETED>
<DELETED> (iii) action taken to increase the
number of trips made using public
transportation and bicycles and by walking;
and</DELETED>
<DELETED> (iv) special efforts to address
the needs of elderly, disabled, and low-income
populations, including populations in rural
areas;</DELETED>
<DELETED> (C) investment in and actions relating to
plans or proposals for incentives, subsidies, or
requirements for developers to create and preserve
affordable housing, including--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) affordable housing for very
low- and extremely low-income families,
particularly housing in mixed-income, location-
efficient neighborhoods with transit-oriented
development;</DELETED>
<DELETED> (D) actions taken to promote transit-
oriented development, including plans or proposals for
zoning, or for incentives, subsidies, or requirements
for developers; and</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (6) minimizes the Federal share necessary to carry
out the project;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (8) promotes location-efficient development
through--</DELETED>
<DELETED> (A) mixed-income, mixed-use residential
and commercial development that is accessible to jobs
and public transportation; or</DELETED>
<DELETED> (B) development that is pedestrian-
friendly and includes complete street
projects;</DELETED>
<DELETED> (9) promotes diversity among the geographic
regions and the sizes of the population of the communities
served by recipients of grants under this section;</DELETED>
<DELETED> (10) demonstrates that a Federal grant is
necessary to accomplish the project or projects proposed to be
carried out;</DELETED>
<DELETED> (11) has a high quality overall; and</DELETED>
<DELETED> (12) demonstrates such other qualities as the
Director may determine.</DELETED>
<DELETED> (f) Grant Activities.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Projects and investments.--An eligible entity
that receives a grant under the grant program shall carry out 1
or more projects that--</DELETED>
<DELETED> (A) are designed to achieve goals
identified in a comprehensive regional plan;
and</DELETED>
<DELETED> (B) promote livable communities through
investment in--</DELETED>
<DELETED> (i) transit-oriented
development;</DELETED>
<DELETED> (ii) transportation infrastructure
and facilities, including public
transportation, projects that improve access to
public transportation, structured parking near
public transportation, and complete street
projects;</DELETED>
<DELETED> (iii) short-term operating funds
to initiate a demonstration of new public
transportation services;</DELETED>
<DELETED> (iv) promotion of employer-based
commuter benefit programs to increase public
transportation ridership;</DELETED>
<DELETED> (v) promotion of trip reduction
programs and the use of transportation
alternatives;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (vii) brownfield redevelopment, or
other redevelopment of communities and
commercial areas, including the main streets of
small towns;</DELETED>
<DELETED> (viii) infrastructure maintenance
and improvement initiatives that support
regionally integrated planning and smart
growth;</DELETED>
<DELETED> (ix) energy efficiency retrofit
projects;</DELETED>
<DELETED> (x) land banking for transit-
oriented development;</DELETED>
<DELETED> (xi) implementing land use,
zoning, and other code reforms to promote
location-efficient development and sustainable
development;</DELETED>
<DELETED> (xii) other economic development
that is part of the comprehensive regional
plan; and</DELETED>
<DELETED> (xiii) other activities consistent
with the purposes of this Act, as determined by
the Director.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) withhold financial assistance until the
performance measures are met; or</DELETED>
<DELETED> (2) terminate the grant agreement.</DELETED>
<DELETED> (i) Report on the Sustainability Challenge Grant.--
</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Contents of report.--The report shall
include--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) a discussion of any obstacles
encountered in the planning and implementation process
and how the eligible entity overcame the
obstacles;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D) any other information the Director may
require.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (j) Authorization of Appropriations.--</DELETED>
<DELETED> (1) Authorization.--There are authorized to be
appropriated to the Secretary for the award of grants under
this section, to remain available until expended--</DELETED>
<DELETED> (A) $750,000,000 for fiscal year
2011;</DELETED>
<DELETED> (B) $1,250,000,000 for fiscal year 2012;
and</DELETED>
<DELETED> (C) $1,750,000,000 for fiscal year
2013.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) 0.5 percent of the amounts made
available under this subsection for a fiscal year;
and</DELETED>
<DELETED> (B) $2,000,000.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Livable Communities Act of 2010''.
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 2010 and 2050, an
increase of more than 40 percent.
(2) By 2025, nearly 1 in every 5 people in the United
States will be 65 years of age or older.
(3) During the period between 1980 and 2000, the growth of
the 99 largest metropolitan areas in the continental United
States consumed 16,000,000 acres of rural land, or about 1 acre
for every new household.
(4) 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.
(5) 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.
(6) According to the United States Census Bureau, only 54
percent of households in the United States have access to
public transportation, limiting their transportation options.
(7) 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.
(8) 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.
(9) 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.
(10) 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. An estimated
6,000,000 households live with moderate or severe housing
conditions, including heating, plumbing, and electrical
problems, and 24,000,000 households face significant lead-based
paint hazards.
(11) 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.
(12) 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.
(13) 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.
(14) 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.
(15) More than 1,600,000 rural households do not have
access to cars.
(16) 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.
(17) 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.
(18) 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.
(19) 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.
(20) Responsibilities related to health hazards in housing
are not clearly delineated among Federal agencies. Categorical
housing, health, energy assistance, and environmental programs
are narrowly defined and often miss opportunities to address
multiple hazards in the same dwelling simultaneously. Enabling
Federal programs to embrace a comprehensive healthy housing
approach will require removing unnecessary Federal statutory
and regulatory barriers, and creating incentives to advance the
complementary goals of environmental health, energy
conservation, and housing availability in relevant programs.
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 long-term affordable, accessible, 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 the 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) Active transportation.--The term ``active
transportation'' means modes of transportation powered solely
by human energy, including bicycling and walking.
(2) Affordable housing.--The term ``affordable housing''
means housing, the cost of which does not exceed 30 percent of
the income of a family.
(3) 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.
(4) Chairperson.--The term ``Chairperson'' means the
Chairperson of the Interagency Council on Sustainable
Communities.
(5) 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.
(6) Comprehensive regional plan.--The term ``comprehensive
regional plan'' means a plan that--
(A) identifies land use, transportation, community
development, housing, economic development,
environmental, energy, public health, 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 long-term affordable,
accessible, 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, oil consumption, and regional
greenhouse gas emissions from transportation;
(iii) encouraging economic competitiveness
and economic development;
(iv) increasing the connectivity of the
region by increasing public transportation
ridership, improving access to transportation
alternatives, and effectively implementing a
coordinated human services transportation plan;
and
(v) preserving the environment and natural
resources; and
(C) prioritizes projects for funding and
implementation.
(7) 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, a micropolitan statistical area, or a
noncore area;
(B) has the authority under State, tribal, 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.
(8) Coordinated human services transportation.--The term
``coordinated human services transportation'' means
transportation services consistent with the coordinated public
transportation-human services transportation plans required
under chapter 53 of title 49, United States Code.
(9) Council.--The term ``Council'' means the Interagency
Council on Sustainable Communities established under section 6.
(10) Department.--The term ``Department'' means the
Department of Housing and Urban Development.
(11) Director.--The term ``Director'' means the Director of
the Office of Sustainable Housing and Communities established
under section 5.
(12) Extremely low-income family.--The term ``extremely
low-income family'' means a family that has an income that does
not exceed--
(A) 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
(B) 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.
(13) Healthy housing.--The term ``healthy housing'' means
housing that is designed, constructed, rehabilitated, and
maintained in a manner that supports the health of the
occupants of the housing.
(14) 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.
(15) Housing-related health hazard.--The term ``housing-
related health hazard'' means any biological, physical, or
chemical source of exposure or condition in, or immediately
adjacent to, housing that could adversely affect human health.
(16) Indian tribe.--The term ``Indian tribe'' has the same
meaning as in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
(17) Integrated active transportation network.--The term
``integrated active transportation network'' means a network of
facilities for active transportation, including bicycle lanes,
bikeways, bicycle boulevards, pedestrian and bicycle trails,
and sidewalks that are coordinated to provide safe and
convenient connections to public transportation, workplaces,
schools, residences, businesses, recreation areas, and other
community activity centers.
(18) Livable community.--The term ``livable community''
means a metropolitan, urban, suburban, or rural community
that--
(A) provides safe, reliable, and accessible
transportation choices;
(B) provides long-term affordable, accessible,
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.
(19) Location-efficient.--The term ``location-efficient''
characterizes mixed-use development or neighborhoods that
integrate housing, commercial development, and facilities and
amenities including employment, healthcare and human services,
educational facilities, and transportation--
(A) to enhance mobility;
(B) to encourage transit-oriented development;
(C) to encourage infill development and maximize
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.
(20) Low-income family.--The term ``low-income family'' has
the meaning given that term in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(21) Metropolitan planning organization.--The term
``metropolitan planning organization'' means--
(A) a metropolitan planning organization described
in section 134(b) of title 23, United States Code; or
(B) a metropolitan planning organization described
in section 5303(b) of title 49, United States Code.
(22) 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.
(23) 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.
(24) Noncore area.--The term ``noncore area'' means a
county or group of counties that are not designated by the
Office of Management and Budget as a micropolitan statistical
area or metropolitan statistical area.
(25) Older adult.--The term ``older adult'' means an
elderly person, as defined in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)).
(26) Office.--The term ``Office'' means the Office of
Sustainable Housing and Communities established under section
5.
(27) 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.
(28) Rural planning organization.--The term ``rural
planning organization'' means a voluntary regional 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.
(29) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(30) State.--The term ``State'' has the meaning given that
term by the Secretary, by rule.
(31) Sustainable development.--The term ``sustainable
development'' means a pattern of resource use designed to
create livable communities by--
(A) providing a variety of safe, reliable, and
accessible transportation choices, with special
emphasis on public transportation and complete streets,
in order to reduce traffic congestion, greenhouse gas
emissions, and oil consumption;
(B) providing long-term affordable, accessible,
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.
(32) Transit-oriented development.--The term ``transit-
oriented development'' means high-density, walkable, location-
efficient, 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.
(33) 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.
(34) 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.
(35) Very low-income family.--The term ``very low-income
family'' has the same meaning as in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(36) 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 the
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--
(A) to encourage sustainable development at the
State, regional, and local levels;
(B) to encourage the development of comprehensive
regional plans;
(C) to foster energy-efficient communities and
housing;
(D) to provide long-term affordable, accessible,
energy-efficient, healthy, 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) to achieve other goals consistent with the
purposes of this Act;
(2) review Federal programs and policies to determine
barriers to sustainable communities and make recommendations to
promote sustainability in the Department and throughout the
Federal Government;
(3) conduct research and advise the Secretary on the
research agenda of the Department relating to sustainable
development, in coordination with the Office of Policy
Development and Research of the Department;
(4) provide support for participation by the Secretary in
the activities of the Council;
(5) 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;
(6) provide guidance, information on best practices, and
technical assistance to communities seeking to adopt
sustainable development policies and practices;
(7) administer initiatives of the Department relating to
the policies described in paragraph (1), as determined by the
Secretary;
(8) work with the Federal Transit Administration of the
Department of Transportation--
(A) to encourage transit-oriented development; and
(B) to coordinate Federal housing, community
development, and transportation policies, including the
policies described in paragraph (1); and
(9) coordinate with and conduct outreach to 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,
including methods to reduce duplicative programs and improve
the efficiency and effectiveness of programs within the
Department of Transportation, the Environmental Protection
Agency, and the Department of Housing and Urban Development.
(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) Small and rural communities grants program.--The
Director shall coordinate with the Council, or a working group
established by the Council under section 6(b)(6), and the
Secretary of Agriculture to make grants to small and rural
communities under section 7(c)(1)(A) and section 8(c)(1)(A).
(3) 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.
(4) Technical assistance for grant recipients and
applicants.--
(A) In general.--The Director may--
(i) 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;
(ii) by Federal interagency agreement,
transfer funds to another Federal agency to
facilitate and support technical assistance;
and
(iii) make contracts with third parties to
provide technical assistance to grant
recipients and prospective applicants for
grants.
(B) Rural and small communities technical
assistance.--In consultation with the Council, the
Director shall develop cooperative arrangements with
the Secretary of Agriculture, the Administrator of the
Environmental Protection Agency, and the Secretary of
Transportation to provide technical assistance to small
and rural communities applying for grants under section
7(c)(1)(A) or section 8(c)(1)(A).
(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 both 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--
(i) 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; and
(ii) any other factors affecting the
feasibility, affordability, and sustainability
of energy-efficient mortgages and location-
efficient mortgages.
(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 shall
be--
(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 Secretary of the Interior,
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 on which 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) with respect to sustainable development efforts by
departments and agencies of the Federal Government--
(A) coordinate the research agendas of the
departments and agencies, to consolidate or eliminate
overlapping or duplicative efforts; and
(B) review Federal sustainable housing programs at
each department and agency, report the results of the
review on the website of the Council not less than
frequently than annually, and make recommendations to
Congress with respect to the review;
(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;
(6) coordinate with the Director on activities relating to
the grant programs established under this Act, as described in
section 5(a)(5), or establish a working group to coordinate
with the Director on such activities;
(7) lead the Federal initiative to support healthy housing
and eradicate housing-related health hazards by--
(A) reviewing, monitoring, and evaluating Federal
housing, health, energy, and environmental programs and
identifying areas of overlap and duplication that could
be improved;
(B) identifying best practices and model programs,
including practices and programs that link services for
low-income families and services for health hazards;
(C) identifying best practices for finance
products, building codes, and regulatory practices;
(D) researching training programs and work
practices that can accurately assess housing-related
health hazards;
(E) promoting collaboration among Federal, State,
local, and tribal agencies and non-governmental
organizations; and
(F) coordinating with all relevant Federal
agencies; and
(8) coordinate with the Director to develop common
performance measures to assess the progress and effectiveness
of projects carried out using grants made under this Act,
including efforts to provide detailed and in-depth analysis,
data collection, and application of rigorous methods of
measuring and addressing the impacts and outcomes of the
projects, particularly with respect to the extent to which the
projects have--
(A) provided improved and efficient access to jobs
and other activities throughout metropolitan areas and
micropolitan areas and regions;
(B) reduced carbon emissions and petroleum
consumption associated with transportation on per
capita and vehicle-miles-traveled bases, and made other
environmental improvements, as determined by the
Council;
(C) increased energy efficiency in communities and
housing;
(D) improved the availability and quality of long-
term affordable and location-efficient housing for
people of all income levels, particularly in mixed-
income neighborhoods with access to public
transportation;
(E) encouraged density and mixed-use development
within \1/2\ mile of transit stations in regions with
fixed guideway transit;
(F) increased the number of trips taken by walking,
biking, and transit in a region;
(G) encouraged location-efficient development and
the use of existing infrastructure in a region; and
(H) prompted an increase in comprehensive regional
land use planning efforts, including the preservation
of agricultural and rural land and green spaces.
(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 that contains--
(A) a description of the activities and
accomplishments of the Council;
(B) an evaluation of the development and
implementation of performance measures to guide
progress on cost-effective and outcome-oriented
investment and a description of possible impediments to
developing effective performance measures; and
(C) recommendations, if any, for legislation or
other action necessary to eradicate housing-related
health hazards.
(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) Studies and Reports.--
(1) GAO study of federal actions and report.--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--
(A) an updated analysis of impediments to
sustainable development, as described in subsection
(c)(2)(A); and
(B) 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).
(2) Council study on sustainable building features and
indoor environmental quality in housing.--
(A) In general.--The Council, in consultation with
Secretary of Energy, the Directors of the National
Institute of Standards and Technology, the Director of
the Centers for Disease Control and Prevention, the
National Institute of Environmental Health Sciences,
and any other Federal agency the Director determines is
appropriate, shall conduct a detailed study of how
sustainable building features, such as energy
efficiency, in housing affect the quality of the indoor
environment, the prevalence of housing-related health
hazards, and the health of occupants.
(B) Contents of study.--The study under
subparagraph (A) shall--
(i) investigate the effect of sustainable
building features on the quality of the indoor
environment and the prevalence of housing-
related health hazards;
(ii) investigate how sustainable building
features, such as energy efficiency, influence
the health of occupants; and
(iii) comprehensively evaluate the effects
on indoor environmental quality.
(C) Report.--Not later than 3 years 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 on the results of
the study under subparagraph (A).
(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) a partnership between a consortium of units of
general local government and an eligible partner; or
(B) an Indian tribe, if--
(i) the Indian tribe has--
(I) a tribal entity that performs
housing and land use planning
functions; and
(II) a tribal entity that performs
transportation and transportation
planning functions; and
(ii) the Secretary determines that the
isolated location and land expanse of the
Indian tribe require the Secretary to treat the
tribe as an eligible entity for purposes of
carrying out activities using a grant under
this section;
(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--
(i) a State;
(ii) an Indian tribe; or
(iii) a State and an Indian tribe; 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--
(1) to coordinate land use, housing, transportation,
including coordinated human services transportation,
infrastructure, and environmental planning processes, across
jurisdictions and agencies;
(2) to identify potential regional partnerships for
developing and implementing a comprehensive regional plan;
(3) to conduct or update housing, infrastructure,
transportation, energy, and environmental assessments to
determine regional needs and promote sustainable development;
(4) to develop or update--
(A) a comprehensive regional plan; or
(B) goals and strategies to implement an existing
comprehensive regional plan; and
(5) to implement local zoning and other code changes
necessary to implement a comprehensive regional plan and
promote sustainable development.
(c) Grants.--
(1) Diversity of grantees.--The Director shall ensure
geographic diversity among and adequate representation from
each of the following categories:
(A) Small and rural communities.--Eligible entities
that represent all or part of a noncore area, a
micropolitan area, or a small metropolitan statistical
area with a population of not more than 200,000.
(B) Mid-sized metropolitan communities.--Eligible
entities that represent all or part of a metropolitan
statistical area with a population of more than 200,000
and not more than 500,000.
(C) Large metropolitan communities.--Eligible
entities that represent all or part of a metropolitan
statistical area with a population of more than
500,000.
(2) Award of funds to small and rural communities.--
(A) In general.--The Director shall award not less
than 15 percent of the funds under the grant program to
eligible entities described in paragraph (1)(A).
(B) Insufficient applications.--If the Director
determines that insufficient approvable applications
have been submitted by eligible entities described in
paragraph (1)(A), the Director may award less than 15
percent of the funds under the grant program to
eligible entities described in paragraph (1)(A).
(3) Federal share.--
(A) In general.--Except as provided in subparagraph
(B), the Federal share of the cost of a project carried
out using a grant under the grant program may not
exceed 80 percent.
(B) Indian tribes.--In the case of an eligible
entity that is an Indian tribe, the Federal share of
the cost of a project carried out using a grant under
the grant program may be 100 percent.
(C) In-kind contributions.--For the purposes of
this section, in-kind contributions may be used for all
or part of the non-Federal share of the cost of a
project carried out using a grant under the grant
program.
(4) 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 2 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 this section shall submit to the Director an application,
at such time and in such manner as the Director shall
prescribe, that contains--
(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) the designation of a lead agency or
organization, which may be the eligible entity, to
receive and manage any funds received by the eligible
entity under the grant program;
(D) a signed copy of a memorandum of understanding
among local jurisdictions, including, as appropriate, a
State, a tribe, 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 an eligible entity;
(ii) a description of the nature and extent
of planned collaboration between the eligible
entity and any partners of the eligible entity;
(iii) a commitment to develop a
comprehensive regional plan; and
(iv) a commitment to implement the plan
after the plan is developed;
(E) a certification that the eligible entity has--
(i) secured the participation, or made a
good-faith effort to secure the participation,
of the public transportation agencies and
public housing agencies within the area
affected by the comprehensive regional plan and
the entities described in clause (ii); and
(ii) 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,
Indian tribes, other local governments,
environmental agencies, public health agencies,
human services agencies, area agencies on
aging, the nonprofit community, the private
sector, community-based organizations, citizen
groups, neighborhood groups, and members of the
public, including representatives of older
adults, persons with disabilities, and low-
income families;
(F) a certification that the eligible entity has
solicited public comment on the contents of the project
description under subparagraph (A) that includes--
(i) a description of the process for
receiving public comment relating to the
proposal; and
(ii) such other information as the Director
may require;
(G) a description of how the eligible entity will
carry out the activities under subsection (f); and
(H) such additional information as the Director may
require.
(2) Indian tribes.--An eligible entity that is an Indian
tribe is not required to submit the certification under
paragraph (1)(E).
(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 region, including,
as appropriate, partnerships with the entities described in
subsection (d)(1)(D);
(4) demonstrates a commitment to--
(A) sustainable development and location-efficient
development;
(B) transit-oriented development, where
appropriate;
(C) developing new capacity for public
transportation and increasing ridership on public
transportation;
(D) providing long-term affordable, accessible,
energy-efficient, healthy, and location-efficient
housing choices for families of all ages, incomes,
races, and ethnicities;
(E) creating and preserving long-term affordable,
energy-efficient, healthy, and location-efficient
housing for low-, very low-, and extremely low-income
families, particularly in mixed-income neighborhoods;
(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;
(H) coordinating the provision of transportation
services and information about such services to older
adults, persons with disabilities, and low-income
families; and
(I) increasing trips made by bicycle and walking
through strategies including developing integrated
active transportation networks and enacting and
implementing complete street policies;
(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
size of the population of the communities served by recipients
of grants under this section;
(7) promotes economic benefits;
(8) demonstrates a commitment to seeking substantial public
input during the planning process and public participation in
the development of the comprehensive regional plan;
(9) demonstrates that a Federal grant is necessary to
accomplish the project proposed to be carried out;
(10) minimizes the Federal share necessary to carry out the
project and leverages State, local, or private resources;
(11) has a high quality overall; and
(12) 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, including safe, accessible routes to
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, public transportation, and community
services and amenities and housing in mixed-income
neighborhoods;
(E) promoting economic development and transit-
oriented development, including co-location of
healthcare and human services;
(F) revitalizing communities;
(G) promoting environmental protection, public
health, and healthy housing, and reducing greenhouse
gas emissions;
(H) increasing connectivity to healthcare centers
for people of all ages and abilities, with particular
focus on older adults, persons with disabilities, and
veterans; and
(I) increasing trips made by bicycle and walking
through strategies including developing integrated
active transportation networks.
(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) Developing a plan that adapts to changes in population
and demographics, including the adoption of location-efficient
land use plans and the adaptive re-use of vacant and abandoned
properties and underutilized properties.
(5) Assessing projected regional population growth or loss
and demographic changes.
(6) 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.
(7) Assessing the accessibility of job centers within the
region to public transportation facilities and housing.
(8) Assessing transportation options in the region,
including--
(A) public transportation options;
(B) options for creating integrated active
transportation networks to increase trips made by
bicycle and walking, including complete street policies
and procedures;
(C) options for people with low incomes, people
living in high-poverty areas, older adults, and persons
with disabilities;
(D) the effectiveness of coordinated human services
transportation in the region; and
(E) any obstacles to providing access to locations
that offer employment opportunities.
(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 long-term 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;
(B) have access to transportation (particularly
public transportation), jobs, educational facilities,
neighborhood commercial centers, and medical services;
and
(C) are in mixed-income neighborhoods.
(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 water and sewer infrastructure in
the region, including projected water and sewer 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 the impact of infrastructure on quality of
life and wellness, including access to recreational facilities
and active transportation opportunities, such as trails, and
the availability of nutritious food.
(18) Assessing projected loss of agricultural and rural
land and other green space in the region to development, and
methods to minimize such loss.
(19) Developing techniques to inform decisionmakers on how
changes in population and demographics and employment,
development patterns, and investments in transportation
infrastructure are likely to affect travel, congestion, air
quality, and quality of life.
(20) Implementing land use, zoning, and other code reforms
to promote location efficiency and sustainable development.
(21) Assessing school siting policies and school locations
for opportunities to increase the proximity of students to
schools and increase the rate of walking and bicycling to
school.
(22) 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, reporting requirements, and any other
requirements that the Director determines are necessary, that must be
met at the end of each year in which the eligible entity receives funds
under the grant program.
(h) Public Outreach.--
(1) Outreach required.--Each eligible entity that receives
a grant under the grant program shall perform substantial
outreach activities--
(A) to engage a broad cross-section of community
stakeholders in the process of developing a
comprehensive regional plan, including low-income
families, minorities, older adults, and economically
disadvantaged community members; and
(B) to create an effective means for stakeholders
to participate in the development and implementation of
a comprehensive regional plan.
(2) Finalization of comprehensive regional plan.--
(A) In general.--An eligible entity that receives a
grant under the grant program may not finalize a
comprehensive regional plan before the eligible entity
holds a public hearing to obtain the views of citizens,
public agencies, and other interested parties.
(B) Availability of information.--Not later than 30
days before a hearing described in subparagraph (A), an
eligible entity shall make the proposed comprehensive
regional plan and all information relevant to the
hearing available to the public for inspection during
normal business hours.
(C) Notice.--Not later than 30 days before a
hearing described in subparagraph (A), an eligible
entity shall publish notice--
(i) of the hearing; and
(ii) that the information described in
subparagraph (B) is available.
(i) Violation of Grant Agreement or Failure to Comply With Public
Outreach Requirements.--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, is otherwise in violation of the grant agreement, or has not
complied with the public outreach requirements under subsection (h),
the Director may--
(1) withhold financial assistance until the requirements
under the grant agreement or under subsection (h), as
applicable, are met; or
(2) terminate the grant agreement.
(j) Reports Required.--
(1) First 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;
(D) a description of the process for soliciting
public participation, and a description of the efforts
to reach affected populations and stakeholders; and
(E) any other information the Director may require.
(2) Subsequent annual reports.--Except for the first report
required under paragraph (1), a report submitted under
paragraph (1) may be submitted in the form of an update, at the
discretion of the Director.
(3) 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 the 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, to
remain available until expended--
(A) $100,000,000 for fiscal year 2011; and
(B) $125,000,000 for each of fiscal years 2012
through 2014.
(2) Technical assistance.--The Director may use not more
than 2 percent of the amounts made available under this
subsection for a fiscal year for technical assistance under
section 5(c)(4).
SEC. 8. SUSTAINABILITY CHALLENGE GRANT PROGRAM.
(a) Definitions.--In this section--
(1) the term ``eligible entity'' means--
(A) a partnership between a consortium of units of
general local government and an eligible partner; or
(B) an Indian tribe, if--
(i) the Indian tribe has--
(I) a tribal entity that performs
housing and land use planning
functions; and
(II) a tribal entity that performs
transportation and transportation
planning functions; and
(ii) the Secretary determines that the
isolated location and land expanse of the
Indian tribe require the Secretary to treat the
tribe as an eligible entity for purposes of
carrying out activities using a grant under the
grant program;
(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--
(i) a State;
(ii) an Indian tribe; or
(iii) a State and an Indian tribe; 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,
infrastructure, environmental, and economic development
activities carried out across policy and governmental
jurisdictions;
(2) promote sustainable development and location-efficient
development; and
(3) implement projects identified in a comprehensive
regional plan.
(c) Grants.--
(1) Diversity of grantees.--The Director shall ensure
geographic diversity among and adequate representation from
each of the following categories:
(A) Small and rural communities.--Eligible entities
that represent all or part of a noncore area, a
micropolitan area, or a small metropolitan statistical
area with a population of not more than 200,000.
(B) Mid-sized metropolitan communities.--Eligible
entities that represent all or part of a metropolitan
statistical area with a population of more than 200,000
and not more than 500,000.
(C) Large metropolitan communities.--Eligible
entities that represent all or part of a metropolitan
statistical area with a population of more than
500,000.
(2) Award of funds to small and rural communities.--
(A) In general.--The Director shall award not less
than 15 percent of the funds under the grant program to
eligible entities described in paragraph (1)(A).
(B) Insufficient applications.--If the Director
determines that insufficient approvable applications
have been submitted by eligible entities described in
paragraph (1)(A), the Director may award less than 15
percent of the funds under the grant program to
eligible entities described in paragraph (1)(A).
(3) Federal share.--
(A) In general.--Except as provided in subparagraph
(B), the Federal share of the cost of a project carried
out using a grant under the grant program may not
exceed 80 percent.
(B) Indian tribes.--In the case of an eligible
entity that is an Indian tribe, the Federal share of
the cost of a project carried out using a grant under
the grant program may be 100 percent.
(4) 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 2 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
the grant program, any amounts that an eligible entity
has not obligated under subparagraph (A)(i).
(d) Application.--
(1) Contents.--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, that contains--
(A) a copy of the comprehensive regional plan,
whether developed as part of the comprehensive planning
grant program under section 7 or developed
independently;
(B) a description of the project or projects
proposed to be carried out using a grant under the
grant program;
(C) 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
subparagraph (B), including the revision of land use or
zoning policies;
(D) 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; and
(ii) a commitment to implement the
activities described in the comprehensive
regional plan;
(E) a certification that the eligible entity has
solicited public comment on the contents of the project
or projects described in subparagraph (B) that
includes--
(i) a certification that the eligible
entity made information about the project or
projects available and afforded citizens,
public agencies, and other interested parties a
reasonable opportunity to examine the content
of the project or projects and to submit
comments;
(ii) a description of the process for
receiving public comment, and a description of
the outreach efforts to affected populations
and stakeholders;
(iii) a certification that the eligible
entity--
(I) held a public hearing to obtain
the views of citizens, public agencies,
and other interested parties;
(II) made the proposed project and
all information relevant to the hearing
available for inspection by the public
during normal business hours not less
than 30 days before the hearing under
subclause (I); and
(III) published a notice informing
the public of the hearing under
subclause (I) and the availability of
the information described in subclause
(II); and
(iv) a summary of any comments received,
including an explanation of why any such
comments were or were not included in the final
application;
(F) 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
(G) such additional information as the Director may
require.
(2) Indian tribes.--An eligible entity that is an Indian
tribe is not required to submit a memorandum of understanding
under paragraph (1)(D).
(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) promotes sustainable development and location-efficient
development;
(3) demonstrates the technical capacity of the eligible
entity to carry out the project;
(4) demonstrates the extent to which the eligible entity
has developed partnerships throughout an entire region,
including partnerships with units of special purpose local
government and public transportation agencies;
(5) demonstrates clear and meaningful interjurisdictional
cooperation and coordination of housing, transportation, and
environmental policies and plans;
(6) 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, including complete street policies
and procedures and integrated active
transportation networks;
(iii) action taken to increase the number
of trips made using public transportation and
bicycles and by walking;
(iv) special efforts to address and plan
for the needs of older adults, persons with
disabilities, and low-income families, and to
address issues of rural isolation and
accessibility to community support and services
among such populations; and
(v) efforts to fully engage in a locally
developed, coordinated public transit and human
services transportation planning process under
chapter 53 of title 49, United States Code;
(C) actions taken to promote the sustainability and
viability of smaller cities, small towns and rural
areas, focusing on the historic and unique downtown or
main street areas of such cities, towns, and areas, as
applicable;
(D) 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;
(E) actions taken to promote transit-oriented
development, including plans or proposals for zoning,
or for incentives, subsidies, or requirements for
developers; and
(F) 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;
(7) minimizes the Federal share necessary to carry out the
project and leverages a significant amount of State, local, or
private resources;
(8) 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;
(9) promotes diversity among the geographic regions and the
size of the population of the communities served by recipients
of grants under the grant program;
(10) demonstrates a commitment to substantial public input
throughout the implementation process;
(11) demonstrates that a Federal grant is necessary to
accomplish the project or projects proposed to be carried out;
(12) has a high quality overall; and
(13) 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 the goals identified in
a comprehensive regional plan; and
(B) promote livable communities through investment
in--
(i) transit-oriented development;
(ii) transportation infrastructure and
facilities projects (including public
transportation projects) that improve access to
public transportation, intermodal transit
facilities that enhance regional mobility by
bringing together as many modes of transport as
possible, structured parking near public
transportation, integrated active
transportation networks, 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,
energy-efficient, and healthy housing for low-,
very low-, and extremely low-income families in
mixed-income, mixed-use neighborhoods with
access to public transportation;
(vii) adapting to changes in population and
demographics, including by adopting location-
efficient land use plans and re-using vacant
and abandoned properties and underutilized
properties;
(viii) brownfield redevelopment, or other
redevelopment of communities and commercial
areas, including the main streets of small
towns;
(ix) infrastructure maintenance and
improvement initiatives that support regionally
integrated planning and smart growth;
(x) energy efficiency retrofit projects;
(xi) land banking for transit-oriented
development;
(xii) infrastructure maintenance,
improvement and development that improve--
(I) quality of life and wellness,
including access to recreational
facilities and active transportation
opportunities, such as trails; and
(II) the availability of nutritious
food;
(xiii) implementing land use, zoning, and
other code reforms to promote location-
efficient development and sustainable
development;
(xiv) other economic development that is
part of the comprehensive regional plan; or
(xv) 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 the grant program shall agree to establish, in coordination with
the Director, performance measures, reporting requirements, and any
other requirements that the Director determines are necessary, 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 requirements
under the grant agreement 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 the grant program
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) Community Zoning and Land Use Planning Grant and Building Code
Enforcement Grant Program.--
(1) Definition of the term ``building code enforcement''.--
In this subsection, the term ``building code enforcement''--
(A) means the enforcement of any code adopted by a
State or local government that regulates the
construction or maintenance of buildings and related
facilities; and
(B) includes the enforcement of building codes,
electrical codes, energy codes, fire codes, fuel gas
codes, mechanical codes, plumbing codes, zoning codes,
property maintenance codes, and wildland-urban
interface codes.
(2) Grant program established.--The Director may award
competitive grants under this subsection--
(A) to States, units of general local government,
and tribal authorities to fund local land use, zoning,
and building code updates to promote livable
communities and sustainable development; and
(B) to units of general local government and tribal
authorities, to fund building code enforcement.
(3) Use of funds.--
(A) In general.--A State, unit of general local
government, or tribal authority may use a grant under
paragraph (2)(A) for updating zoning and building codes
to support sustainable communities and energy
efficiency, including through--
(i) the adoption of location-efficient land
use plans, development of master plans or
comprehensive plans that promote affordable
housing co-located or well-connected with
retail and business development;
(ii) the development and implementation of
local, corridor, or district plans and
strategies that promote livability;
(iii) revisions to zoning codes,
ordinances, building standards, or other laws
to remove barriers to sustainable development
and promote sustainable development and mixed-
use, mixed-income development;
(iv) revisions to building codes to promote
energy-efficient rehabilitation and new
construction to create affordable housing and
healthy housing;
(v) strategies for creating or preserving
affordable housing along existing or planned
transit corridors; and
(vi) strategies to bring affordable housing
to areas that have few affordable housing
opportunities and are close to suburban
employment centers.
(B) Use of funds for building code enforcement.--
(i) In general.--A unit of general local
government or tribal authority may use a grant
under paragraph (2)(B) for the enforcement of
residential, energy, fire, and other building-
related codes.
(ii) Use as supplemental funding.--A grant
under paragraph (2)(B) may be used to
supplement State or local funding for the
administration of building code enforcement. A
grant described in this subparagraph may be
used to increase staffing, provide staff
training, increase staff competence and
professional qualifications, or support
individual certification or departmental
accreditation, or for capital expenditures
specifically dedicated to the administration of
building-related codes.
(4) Selection criteria for building code enforcement
grants.--
(A) In general.--In selecting applicants for grants
under paragraph (2)(B), the Director shall consider--
(i) the plan of the applicant to continue
any services provided using a grant under this
subsection with fees or other revenue, after
grant funds are expended, as appropriate;
(ii) the financial need of the building
code enforcement jurisdiction in which the
applicant is located; and
(iii) the ability of the building code
enforcement department of the applicant to work
cooperatively with planning officials, health
departments, and other agencies to improve
community safety.
(B) Building code enforcement authority.--The
Director may award a grant to an applicant under
paragraph (2)(B) only if the Director determines that
the applicant has the authority to enforce building
codes and regulations and to collect fees for permits
and inspections with respect to such codes and
regulations.
(5) Maximum amount of grants.--The amount of a grant
awarded under this subsection may not exceed--
(A) $3,000,000 for a grant under paragraph (2)(A);
or
(B) $1,000,000 for a grant under paragraph (2)(B).
(6) Federal share.--
(A) In general.--Except as provided in subparagraph
(C), the Federal share of the cost of a project carried
out using a grant under this subsection may not exceed
80 percent.
(B) In-kind contributions.--In-kind contributions
may be used for the non-Federal share of the cost of a
project carried out using a grant under this
subsection.
(C) Waiver.--The Director may award a grant under
this subsection for which the Federal share of the cost
of the project carried out using the grant exceeds 80
percent, based upon the level of economic distress of
the jurisdiction seeking the grant.
(k) 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) $100,000,000 for fiscal year 2011;
(B) $500,000,000 for fiscal year 2012;
(C) $700,000,000 for fiscal year 2013; and
(D) $900,000,000 for fiscal year 2014.
(2) Technical assistance.--Of amounts made available under
this subsection for a fiscal year, 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 the fiscal year; or
(B) $2,000,000.
(3) Community zoning and land use planning grant and
building code enforcement grant program.--Of amounts made
available under this subsection for a fiscal year, the Director
may use not more than $50,000,000 for grants under subsection
(j).
SEC. 9. REGENERATION PLANNING GRANT DEMONSTRATION PROGRAM.
(a) Definitions.--In this section, the following definitions shall
apply:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a unit of general local government or an Indian
tribe that has experienced--
(i) a loss in population of at least 15
percent since 1970, as measured by data from
the most recent decennial census or American
Community Survey; or
(ii) prolonged population, income, and
employment loss resulting in substantial levels
of housing vacancy and abandonment that are
concentrated in more than one neighborhood or
geographic area within the unit of general
local government;
(B) a consortium of units of general local
governments in which the most populous unit of general
local government has experienced--
(i) a loss in population of at least 15
percent since 1970, as measured by data from
the most recent decennial census or American
Community Survey; or
(ii) prolonged population, income, and
employment loss resulting in substantial levels
of housing vacancy and abandonment that are
concentrated in more than one neighborhood or
geographic area within the unit of general
local government; or
(C) an entity described in subparagraph (A) or (B)
and an eligible partner.
(2) Eligible partner.--The term ``eligible partner''
means--
(A) a State;
(B) an Indian tribe;
(C) a community revitalization nonprofit agency
with a city or regionwide area of focus;
(D) a consortium of community revitalization
nonprofit agencies; or
(E) a consortium of local universities and
colleges.
(3) Grant program.--The term ``grant program'' means the
regeneration planning grant program established under
subsection (b).
(4) Regeneration plan.--The term ``regeneration plan''
means a plan that--
(A) integrates land use, economic development,
housing, environmental, energy, food production,
recreation, job and workforce development,
infrastructure, and transportation programs, policies,
and projects to address the special needs of an
eligible entity;
(B) creates a community-driven vision and action
plan for reclaiming the most distressed and abandoned
areas of an eligible entity, stabilizing transitional
neighborhoods within an eligible entity, and building
on the strengths and assets of the stable areas within
an eligible entity;
(C) develops holistic strategies for meeting the
needs and goals of an eligible entity, including
strategies that--
(i) provide for the efficient and
sustainable use of land, structures,
neighborhoods, and resources within the
community or region;
(ii) increase the safety, value, stability,
and connectivity of neighborhoods;
(iii) develop green infrastructure
strategies to address environmental, energy,
recreation, and food systems needs; or
(iv) encourage workforce development and
economic competitiveness through implementation
of regeneration activities.
(b) Regeneration Planning Grant Program Established.--The Secretary
shall establish a regeneration planning grant program to make grants to
eligible entities to develop a regeneration plan, in accordance with
the grant agreement under subsection (e).
(c) Grants.--
(1) Diversity of grantees.--The Secretary shall ensure
geographic diversity among and adequate representation from
smaller units of general local government, with populations of
not more than 150,000, and larger units of general local
government, with populations of more than 150,000, with
population measured by the most recent decennial census data or
American Community Survey, or in the case of consortia of units
of general local governments, consortia in which the largest
unit of general local government has such a population. The
Secretary shall prioritize the distribution of regeneration
planning grants to eligible applicants that have experienced
significant population loss due to large-scale employment
losses that have caused substantial levels of housing vacancy
and abandonment.
(2) Federal share.--
(A) In general.--Except as provided in subparagraph
(B), the Federal share of the cost of developing a
regeneration plan under the grant program may not
exceed 80 percent.
(B) Indian tribes.--In the case of an eligible
entity that is an Indian tribe, the Federal share of
the cost of developing a regeneration plan under the
grant program may be 100 percent.
(C) In-kind contributions.--In-kind contributions
may be used for the non-Federal share of the cost of
developing a regeneration plan under the grant program.
(3) Technical assistance for grant recipients and
applicants.--The Secretary may--
(A) establish a technical assistance program for
prospective applicants, particularly to applicants from
smaller communities (including distressed older
industrial cities, rural communities, and first tier
suburbs), preparing to apply for grants under this
section;
(B) make contracts with third parties to provide
technical assistance to grant recipients and
prospective applicants for grants under this section;
and
(C) coordinate to establish interagency and
multidisciplinary teams to provide technical assistance
to recipients of and prospective applicants for grants
under this section.
(4) 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 2 years after the
date on which the grant agreement under
subsection (e) 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 (e) 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 Secretary an
application at such time and in such manner as the Secretary
shall prescribe.
(2) Contents.--
(A) In general.--Each application submitted under
this subsection shall contain a regeneration plan.
(B) Plan elements.--The regeneration plan required
under subparagraph (A) shall include--
(i) a comprehensive land use plan that
reflects the population loss the community or
region has experienced, reflects future
population trends, including any anticipated
further losses, using the most current data
available, and provides for the efficient and
sustainable use of land, structures,
neighborhoods, and resources within the
community or region;
(ii) a plan for creation of green
infrastructure to be set aside in the community
or region for recreation, open space,
agriculture, park use, educational use, or
purposes related to future economic or
residential development;
(iii) a detailed implementation strategy
for the plan, including modifications to a
comprehensive or master land use plan,
neighborhood plans, strategic demolition plans,
and zoning and building codes;
(iv) a plan for integrating related
programs and strategies funded through other
sources, including Federal, State, local, and
private sources, into the implementation
strategy described in clause (iii);
(v) a plan to create new employment
opportunities, especially in areas directly
related to the implementation of the
regeneration plan, including building
deconstruction, removal of buildings and
infrastructure, creation of green
infrastructure, environmental remediation, and
long-term employment in environmentally
sustainable activities, including urban
agriculture, open space maintenance, and
renewable energy production; or
(vi) any other element, as determined
appropriate or feasible by the Secretary.
(e) Grant Agreement.--Each eligible entity that receives a grant
under the grant program shall agree to establish, in coordination with
the Secretary, annual reporting requirements, and other requirements
that the Secretary determines are necessary that shall be met each year
in which the eligible entity receives funds under the grant program.
(f) Public Outreach.--
(1) Outreach required.--Each eligible entity that receives
a grant under the grant program shall perform outreach
activities--
(A) to engage a broad cross-section of community
stakeholders in the process of developing a
regeneration plan, including low-income families,
minorities, older adults, economically disadvantaged
community members, affected citizens, community groups
and any others who would be impacted by the adoption of
a regeneration plan; and
(B) to create an effective means for stakeholders
to participate in the development and implementation of
a regeneration plan.
(2) Finalization of regeneration plan.--
(A) In general.--An eligible entity that receives a
grant under the grant program may not finalize a
regeneration plan before the eligible entity holds a
public hearing to obtain the views of citizens, public
agencies, and other interested parties.
(B) Availability of information.--Not later than 30
days before a hearing described in subparagraph (A), an
eligible entity shall make the proposed regeneration
plan and all information relevant to the hearing
available to the public for inspection during normal
business hours.
(C) Notice.--Not later than 30 days before a
hearing described in subparagraph (A), an eligible
entity shall publish notice--
(i) of the hearing; and
(ii) that the information described in
subparagraph (B) is available.
(g) Violation of Grant Agreement or Failure to Comply With Public
Outreach Requirements.--If the Secretary determines that an eligible
entity has not met the requirements established under subsection (e),
is not making reasonable progress toward meeting such measures, is
otherwise in violation of the grant agreement, or has not complied with
the public outreach requirements under subsection (f), the Secretary
may--
(1) withhold financial assistance until the performance
measures are met; or
(2) terminate the grant agreement.
(h) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
for regeneration planning grants under this section $20,000,000
for each of fiscal years 2011 through 2014.
(2) Technical assistance.--The Secretary may use not more
than 5 percent of the amounts made available under this
subsection for a fiscal year for technical assistance under
subsection (c)(3).
(i) Implementation of Regeneration Plans.--To the extent
practicable, for a reasonable amount of time following the full
expenditure of a grant under this section, the Secretary shall ensure
that each recipient of a grant under this section--
(1) establishes and maintains processes providing for the
continued implementation and periodic revision of regeneration
plans; and
(2) submits to the Secretary such reports as the Secretary
determines are necessary.
SEC. 10. INFRASTRUCTURE CREDIT FACILITY TO SUPPORT TRANSIT-ORIENTED
DEVELOPMENT.
(a) Definitions.--In this section--
(1) the term ``eligible applicant'' means a State or local
government;
(2) the term ``eligible borrower'' means--
(A) a governmental entity, authority, agency, or
instrumentality;
(B) a corporation, partnership, joint venture, or
trust on behalf of which an eligible applicant has
submitted an application under subsection (c); or
(C) any other legal entity undertaking an
infrastructure development project on behalf of which
an eligible applicant has submitted an application
under subsection (c); and
(3) the term ``project'' means an infrastructure
development project that is used to support transit-oriented
development, including--
(A) property enhancement, including conducting
environmental remediation, park development, and open
space acquisition;
(B) improvement of mobility and parking, including
rehabilitating, or providing for additional, streets,
transit stations, structured parking, walkways, and
bikeways; or
(C) utility development, including rehabilitating
existing, or providing for new drinking water,
wastewater, electric, and gas utilities.
(b) Infrastructure Credit Facility Established.--The Secretary may
make or guarantee loans under this section to eligible borrowers for
projects.
(c) Application.--
(1) In general.--An eligible applicant may submit to the
Secretary an application for a loan or loan guarantee under
this section--
(A) to fund a project carried out by the eligible
applicant; or
(B) on behalf of an eligible borrower, to fund a
project carried out by the eligible borrower.
(d) Selection Criteria.--
(1) In general.--The Secretary may make a loan or loan
guarantee under this section for a project that supports a
transit-oriented development that--
(A) is part of a community-wide development plan;
(B) promotes sustainable development; and
(C) ensures that not less than 15 percent of any
housing units made available through the transit-
oriented development are for lower-income households.
(2) Considerations.--The Secretary shall select the
recipients of loans and loan guarantees under this section
based on the extent to which--
(A) the transit-oriented development supported by
the project will encourage increased use of transit;
(B) the transit-oriented development supported by
the project will create or preserve long-term
affordable housing units in addition to the housing
units required to be made available under paragraph
(1)(C);
(C) the project will facilitate and encourage
additional development or redevelopment in the overall
transit station area;
(D) the local government has adopted policies
that--
(i) promote long-term affordable housing;
and
(ii) allow high-density, mixed-use
development near transit stations;
(E) the transit-oriented development supported by
the project is part of a comprehensive regional plan;
(F) the eligible borrower has established a
reliable, dedicated revenue source to repay the loan;
(G) the project is not financially viable for the
eligible borrower without a loan or loan guarantee
under this section; and
(H) a loan or loan guarantee under this section
would be used in conjunction with non-Federal loans to
fund the project.
(e) Eligible Sources of Repayment.--A loan made or guaranteed under
this section shall be repayable, in whole or in part, from dedicated
revenue sources, which may include--
(1) user fees;
(2) property tax revenues;
(3) sales tax revenues; or
(4) other revenue sources dedicated to the project by
property owners and businesses.
(f) Interest Rate.--The Secretary shall establish an interest rate
for loans made or guaranteed under this section with reference to a
benchmark interest rate (yield) on marketable Treasury securities with
a maturity that is similar to the loans made or guaranteed under this
section.
(g) Maximum Maturity.--The maturity of a loan made or guaranteed
under this section may not exceed the lesser of--
(1) 35 years; or
(2) 90 percent of the useful life of any project to be
financed by the loan, as determined by the Secretary.
(h) Maximum Loan Guarantee Rate.--
(1) In general.--The guarantee rate on a loan guaranteed
under this section may not exceed 75 percent of the amount of
the loan.
(2) Lower guarantee rate for low-risk borrowers.--The
Secretary shall establish a guarantee rate for loans to
eligible borrowers that the Secretary determines pose a lower
risk of default that is lower than the guarantee rate for loans
to other eligible borrowers.
(i) Fees.--The Secretary shall establish fees for loans made or
guaranteed under this section at a level that is sufficient to cover
all or part of the costs to the Federal Government of making or
guaranteeing a loan under this section.
(j) Nonsubordination.--A loan made or guaranteed under this section
may not be subordinated to the claims of any holder of an obligation
relating to the project in the event of bankruptcy, insolvency, or
liquidation.
(k) Commencement of Repayment.--The scheduled repayment of
principal or interest on a loan made or guaranteed under this section
shall commence not later than 5 years after the date of substantial
completion of the project.
(l) Repayment Deferral for Loans.--
(1) In general.--If, at any time after the date of
substantial completion of a project, the Secretary determines
that dedicated revenue sources of an eligible borrower are
insufficient to make the scheduled loan repayments of principal
and interest on a loan made or guaranteed under this section,
the Secretary may, subject to criteria established by the
Secretary, allow the eligible borrower to add unpaid principal
and interest to the outstanding balance of the loan.
(2) Treatment of deferred payments.--Any payment deferred
under this section shall--
(A) continue to accrue interest until fully repaid;
and
(B) be scheduled to be amortized over the remaining
term of the loan.
(m) Authorization of Appropriations.--There are authorized to be
appropriated for the cost of loans and loan guarantees under this
section--
(1) $20,000,000 for each of fiscal years 2011 and 2012; and
(2) $30,000,000 for each of fiscal years 2013 and 2014.
SEC. 11. INELIGIBILITY OF INDIVIDUALS WHO ARE NOT LAWFULLY PRESENT.
No housing assisted using a grant under this Act may be made
available to an individual who is not lawfully present in the United
States. Nothing in this Act may be construed to alter the restrictions
or definitions under section 214 of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a).
Calendar No. 716
111th CONGRESS
2d Session
S. 1619
_______________________________________________________________________
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.
_______________________________________________________________________
December 19, 2010
Reported with an amendment