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S 1619 IS

111th CONGRESS

1stRSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 1619CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

August 6, 2009CommentsClose CommentsPermalink

Mr. DODD (for himself, Mr. MENENDEZ, Mr. MERKLEY, Mr. BENNET, Mr. AKAKA, and Mr. SCHUMERMr. 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 AffairsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.(a) Short Title- .

This Act may be cited as the ‘Livable Communities Act of 2009’.

(b) Table of Contents- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Purposes.

Sec. 4. Definitions.

Sec. 5. Office of Sustainable Housing and Communities.

Sec. 6. Interagency Council on Sustainable Communities.

Sec. 7. Comprehensive planning grant program.

Sec. 8. Sustainability challenge grant program10’. CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following: CommentsClose CommentsPermalink





(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 200910 and 2050, an increase of more than 40 percent. CommentsClose CommentsPermalink





(2) The demographic groups that are most likely to use public transportation are the groups that are projected to increase in size the most during the period between 2009 and 2025.(3) By 2025, nearly 1 in every 5 people in the United States will be 65 years of age or older. CommentsClose CommentsPermalink





(43) During the period between 1980 and 2000, the growth of the largest 9999 largest metropolitan areas in the continental United States consumed 16,000,000 acres of rural land, or about 1 acre for every new household. CommentsClose CommentsPermalink





(54) 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. CommentsClose CommentsPermalink





(65) 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. CommentsClose CommentsPermalink





(76) According to the United States Census Bureau, only 54 percent of households in the United States have access to public transportation.(8, limiting their transportation options. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(98) 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. CommentsClose CommentsPermalink





(109) 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. CommentsClose CommentsPermalink





(110) 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. (12An 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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(132) 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. CommentsClose CommentsPermalink





(143) 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. CommentsClose CommentsPermalink





(154) 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. CommentsClose CommentsPermalink





(165) More than 1,600,000 rural households do not have access to cars. CommentsClose CommentsPermalink





(176) 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. CommentsClose CommentsPermalink





(187) 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. CommentsClose CommentsPermalink





(198) 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. CommentsClose CommentsPermalink





(2019) 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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink

SEC. 3. PURPOSES.

The purposes of this Act are-- CommentsClose CommentsPermalink





(1) to facilitate and improve the coordination of housing, community development, transportation, energy, and environmental policy in the United States; CommentsClose CommentsPermalink





(2) to coordinate Federal policies and investments to promote sustainable development; CommentsClose CommentsPermalink





(3) to encourage regional planning for livable communities and the adoption of sustainable development techniques, including transit-oriented development; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(5) to provide affordalong-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; CommentsClose CommentsPermalink





(6) to support, revitalize, and encourage growth in existing communities, in order to maximize the cost -effectiveness of existing infrastructure and preserve undeveloped lands; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(8) to preserve the environment and natural resources, including agricultural and rural land and green spaces; and CommentsClose CommentsPermalink





(9) to support public health and improve the quality of life for the residents of and workers in, and workers in, communities by promoting healthy, walkable neighborhoods, access to green space, and the mobility to pursue greater opportunities. CommentsClose CommentsPermalink

SEC. 4. DEFINITIONS.

In this Act, the following definitions shall apply: CommentsClose CommentsPermalink





(1) ACTIVE TRANSPORTATION- The term ‘active transportation’ means modes of transportation powered solely by human energy, including bicycling and walking. CommentsClose CommentsPermalink





(2) AFFORDABLE HOUSING- The term ‘affordable housing’ means housing, the cost of which does not exceed 30 percent of the income of a family. CommentsClose CommentsPermalink





(23) 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. CommentsClose CommentsPermalink





(34) CHAIRPERSON- The term ‘Chairperson’ means the Chairperson of the Interagency Council on Sustainable Communities. CommentsClose CommentsPermalink





(45) 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. CommentsClose CommentsPermalink





(56) COMPREHENSIVE REGIONAL PLAN- The term ‘comprehensive regional plan’ means a plan that-- CommentsClose CommentsPermalink





(A) identifies land use, transportation, community development, housing, economic development, environmental, energy, public health, and infrastructure needs and goals in a region; CommentsClose CommentsPermalink





(B) provides strategies for meeting the needs and goals described in subparagraph (A), including strategies for-- CommentsClose CommentsPermalink





(i) providing affordalong-term affordable, accessible, energy-efficient, and location-efficient housing choices for people of all ages, incomes, races, and ethnicities; CommentsClose CommentsPermalink





(ii) reducing growth in vehicle miles traveled, in order to reduce traffic congestion and regional , oil consumption, and regional greenhouse gas emissions from transportation; CommentsClose CommentsPermalink





(iii) encouraging economic competitiveness and economic development; CommentsClose CommentsPermalink





and(iv) (iv) increasing the connectivity of the region by increasing public transportation ridership and, improving access to transportation alternatives, and effectively implementing a coordinated human services transportation plan; and CommentsClose CommentsPermalink





(v) preserving the environment and natural resources; and CommentsClose CommentsPermalink





(C) prioritizes projects for funding and implementation. CommentsClose CommentsPermalink





(67) 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-- CommentsClose CommentsPermalink





(A) represents all or part of a metropolitan statistical area or, a micropolitan statistical area, or a noncore area; CommentsClose CommentsPermalink





(B) has the authority under State or local law to carry out planning , 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 CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(78) 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. CommentsClose CommentsPermalink





(9) COUNCIL- The term ‘Council’ means the Interagency Council on Sustainable Communities established under section 6. CommentsClose CommentsPermalink





(810) DEPARTMENT- The term ‘Department’ means the Department of Housing and Urban Development. CommentsClose CommentsPermalink





(911) DIRECTOR- The term ‘Director’ means the Director of the Office of Sustainable Housing and Communities established under section 5. CommentsClose CommentsPermalink





(102) EXTREMELY LOW-INCOME FAMILY- The term ‘extremely low-income family’--(A) means a family that has an income that does not exceed-- CommentsClose CommentsPermalink





(iA) 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 CommentsClose CommentsPermalink





(iiB) a percentage of the median income in the area where the family lives, as determined by the Secretary upon a finding by the Secretary that such percentage is necessary due to unusually high or low family incomes in the area where the family lives; and

(B) includes a family that includes a person with special needs, including an elderly person or a person with disabilities, as those terms are defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).

(11) . CommentsClose CommentsPermalink




(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(125) 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. CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(18) LIVABLE COMMUNITY- The term ‘livable community’ means a metropolitan, urban, suburban, rural, or neighborhoodor rural community that-- CommentsClose CommentsPermalink





(A) provides safe and reliable transportation , reliable, and accessible transportation choices; CommentsClose CommentsPermalink





(B) provides affordalong-term affordable, accessible, energy-efficient, and location-efficient housing choices for people of all ages, incomes, races, and ethnicities; CommentsClose CommentsPermalink





(C) supports, revitalizes, and encourages the growth of existing communities and maximizes the cost -effectiveness of existing infrastructure; CommentsClose CommentsPermalink





(D) promotes economic development and economic competitiveness; CommentsClose CommentsPermalink





(E) preserves the environment and natural resources; CommentsClose CommentsPermalink





(F) protects agricultural land, rural land, and green spaces; and CommentsClose CommentsPermalink





(G) supports public health and improves the quality of life for residents of and workers in the community.(13, and workers in, the community. CommentsClose CommentsPermalink





(19) LOCATION-EFFICIENT- The term ‘location-efficient’ characterizes development, housing,mixed-use development or neighborhoods that integrate land use, mixed-use housing and commercial development, employmenthousing, commercial development, and facilities and amenities including employment, healthcare and human services, educational facilities, and transportation-- CommentsClose CommentsPermalink





(A) to enhance mobility; CommentsClose CommentsPermalink





(B) to encourage transit-oriented development; CommentsClose CommentsPermalink





(C) to encourage infill development and maximize the use of existing infrastructure; and CommentsClose CommentsPermalink





(D) to reduce growth in vehicle miles traveled and the transportation costs and energy requirements associated with ownership or rental of a home. CommentsClose CommentsPermalink





(1420) LOW-INCOME FAMILY- The term ‘low-income family’--

(A) has the same meaning as in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and

(B) includes a low-income family with a person with special needs, including an elderly person or a person with disabilities, as those terms are defined section 3(b) of the United States has the meaning given that term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). CommentsClose CommentsPermalink




(1521) METROPOLITAN PLANNING ORGANIZATION- The term ‘metropolitan planning organization’ has the meaning given that term in means-- CommentsClose CommentsPermalink





(A) a metropolitan planning organization described in section 134(b) of title 23, United States Code , and ; or CommentsClose CommentsPermalink





(B) a metropolitan planning organization described insection 5303(b) of title 49, United States Code. CommentsClose CommentsPermalink





(1622) METROPOLITAN STATISTICAL AREA- The term ‘metropolitan statistical area’ means a county or group of counties that-- CommentsClose CommentsPermalink





(A) is designated by the Office of Management and Budget as a metropolitan statistical area; and CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(1723) MICROPOLITAN STATISTICAL AREA- The term ‘micropolitan statistical area’ means a county or group of counties that-- CommentsClose CommentsPermalink





(A) is designated by the Office of Management and Budget as a micropolitan statistical area; and CommentsClose CommentsPermalink





(B) has 1 or more large urban clusters with a population of not less than 10,000 and not more than 50,000. CommentsClose CommentsPermalink





(1824) 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. CommentsClose CommentsPermalink





(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)). CommentsClose CommentsPermalink





(26) OFFICE- The term ‘Office’ means the Office of Sustainable Housing and Communities established under section 5. CommentsClose CommentsPermalink





(1927) REGIONAL COUNCIL- The term ‘regional council’ means a multi-service regional organization with State and locally defined boundaries that is-- CommentsClose CommentsPermalink





(A) accountable to units of general local government; CommentsClose CommentsPermalink





(B) delivers a variety of Federal, State, and local programs; and CommentsClose CommentsPermalink





(C) performs planning functions and provides professional and technical assistance. CommentsClose CommentsPermalink





(208) RURAL PLANNING ORGANIZATION- The term ‘rural planning organization’ means a voluntary regional organization of local elected officials and representatives of local transportation systems that-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(B) is located in a rural area-- CommentsClose CommentsPermalink





(i) with a population of not less than 5,000; and CommentsClose CommentsPermalink





(ii) that is not located in an area represented by a metropolitan planning organization. CommentsClose CommentsPermalink





(219) SECRETARY- The term ‘Secretary’ means the Secretary of Housing and Urban Development. CommentsClose CommentsPermalink





(2230) 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.(23has the meaning given that term by the Secretary, by rule. CommentsClose CommentsPermalink





(31) SUSTAINABLE DEVELOPMENT- The term ‘sustainable development’ means a pattern of resource use designed to create livable communities by-- CommentsClose CommentsPermalink





(A) providing a variety of safe and reliable transportation choices, 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; CommentsClose CommentsPermalink





(B) providing affordalong-term affordable, accessible, energy-efficient, and location-efficient housing choices for people of all income levels, ages, races, and ethnicities; CommentsClose CommentsPermalink





(C) supporting, revitalizing, and encouraging the growth of communities and maximizing the cost -effectiveness of existing infrastructure; CommentsClose CommentsPermalink





(D) promoting economic development and economic competitiveness; CommentsClose CommentsPermalink





(E) preserving the environment and natural resources; CommentsClose CommentsPermalink





(F) protecting agricultural land, rural land, and green spaces; and CommentsClose CommentsPermalink





(G) supporting public health and improving the quality of life for residents of and workers in a community.(24, and workers in, a community. CommentsClose CommentsPermalink





(32) TRANSIT-ORIENTED DEVELOPMENT- The term ‘transit-oriented development’ means high-density, walkable, mixed-use development (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. CommentsClose CommentsPermalink





(2533) UNIT OF GENERAL LOCAL GOVERNMENT- The term ‘unit of general local government’ means-- CommentsClose CommentsPermalink





(A) a city, county, town, township, parish, village, or other general purpose political subdivision of a State; or CommentsClose CommentsPermalink





(B) a combination of general purpose political subdivisions, as determined by the Secretary. CommentsClose CommentsPermalink





(2634) UNIT OF SPECIAL PURPOSE LOCAL GOVERNMENT- The term ‘unit of special purpose local government’-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(B) includes an entity such as a school district, a housing agency, a transit agency, and a parks and recreation district. CommentsClose CommentsPermalink





(2735) VERY LOW-INCOME FAMILY- The term ‘very low-income family’--(A) has the same meaning as in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and(B) includes a very low-income family with a person with special needs, including an elderly person or a person with disabilities, as those terms are defined section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). CommentsClose CommentsPermalink





(2836) WORKFORCE HOUSING- The term ‘workforce housing’ means housing, the cost of which does not exceed 30 percent of-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink

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-- CommentsClose CommentsPermalink





(1) coordinate Federal policies and initiatives that foster livable communities, including--(A) encouraging-- CommentsClose CommentsPermalink





(A) to encourage sustainable development at the State, regional, and local levels; CommentsClose CommentsPermalink





(B) encouragingto encourage the development of comprehensive regional plans; CommentsClose CommentsPermalink





(C) fostering energy-efficient communities and to foster energy-efficient communities and housing; CommentsClose CommentsPermalink





(D)providing affordable 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 CommentsClose CommentsPermalink





(E) working with the Federal Transit Administration of the Department of Transportation to--

(i) encourage transit-oriented development; and

(ii) coordinate Federal housing, community development, and transportation policies;

(2)to achieve other goals consistent with the purposes of this Act; CommentsClose CommentsPermalink




(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; CommentsClose CommentsPermalink





(3) conduct research and advise the Secretary on the research agenda of the Department relating to sustainable development;(3) provide administrativ, in coordination with the Office of Policy Development and Research of the Department; CommentsClose CommentsPermalink





(4) provide support for participation by the Secretary in the activities of the Council; CommentsClose CommentsPermalink





(45) implement and oversee the grant programs established under this Act by-- CommentsClose CommentsPermalink





(A) developing grant applications for each grant program; CommentsClose CommentsPermalink





(B) promulgating regulations relating to each grant program; CommentsClose CommentsPermalink





(C) selecting recipients of grants under each grant program; CommentsClose CommentsPermalink





(D) creating performance measures for recipients of grants under each grant program; CommentsClose CommentsPermalink





(E) developing technical assistance and other guidance to assist recipients of grants and potential applicants for grants under each grant program; CommentsClose CommentsPermalink





(F) monitoring and evaluating the performance of recipients of grants under each grant program; and CommentsClose CommentsPermalink





(G) carrying out such other activities relating to the administration of the grant programs under this Act as the Secretary determines are necessary; CommentsClose CommentsPermalink





(56) provide guidance, information on best practices, and technical assistance to communities seeking to adopt sustainable development policies and practices; CommentsClose CommentsPermalink





(6) provide guidance and technical assistance to communities seeking to prepare applications for the comprehensive planning grant program under section 7;(7) administer initiatives of the Department relating to the policies described in paragraph (1), as determined by the Secretary; CommentsClose CommentsPermalink





and(8 (8) work with the Federal Transit Administration of the Department of Transportation-- CommentsClose CommentsPermalink





(A) to encourage transit-oriented development; and CommentsClose CommentsPermalink





(B) to coordinate Federal housing, community development, and transportation policies, including the policies described in paragraph (1); and CommentsClose CommentsPermalink





(9) coordinate with and conduct outreach to other Federal agencies, including the Federal 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. CommentsClose CommentsPermalink





(b) Director- The head of the Office shall be the Director of the Office of Sustainable Housing and Communities. CommentsClose CommentsPermalink





(c) Duties Relating to Grant Programs- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(34) TECHNICAL ASSISTANCE FOR GRANT RECIPIENTS AND APPLICANTS- CommentsClose CommentsPermalink





The Director (A) IN GENERAL- The Director may-- CommentsClose CommentsPermalink





(Ai) coordinate with the members of the Council to establish interagency and multidisciplinary teams to provide technical assistance to recipients of, and prospective applicants for grants under this Act;(B, grants under this Act; CommentsClose CommentsPermalink





(ii) by Federal interagency agreement, transfer funds to another Federal agency to facilitate and support technical assistance; and CommentsClose CommentsPermalink





(iii) make contracts with third parties to provide technical assistance to grant recipients and prospective applicants for grants; and(C) establish a . CommentsClose CommentsPermalink





(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 program for prospective applicants, particularly prospective applicants from smaller communities, preparing to apply for grants under section 7to small and rural communities applying for grants under section 7(c)(1)(A) or section 8(c)(1)(A). CommentsClose CommentsPermalink





(d) Report on Housing Location Affordability Index- CommentsClose CommentsPermalink





(1) STUDY- The Director shall conduct a study on-- CommentsClose CommentsPermalink





(A) the development of a housing location affordability index that includes housing and transportation costs; and(B) both housing and transportation costs; and CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(e) Report on Incentives for Energy-Efficient Mortgages and Location-Efficient Mortgages- CommentsClose CommentsPermalink





(1) DEFINITIONS- In this subsection-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(B) the term ‘location-efficient mortgage’ means a mortgage loan under which-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(2) STUDY- CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(i) fee reductions; CommentsClose CommentsPermalink





(ii) fee waivers; CommentsClose CommentsPermalink





(iii) interest rate reductions; and CommentsClose CommentsPermalink





(iv) adjustment of mortgage qualifications. CommentsClose CommentsPermalink





(B) CONSIDERATIONS- In studying the incentives under subparagraph (A), the Secretary shallconsider consider-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(ii) any other factors affecting the feasibility, affordability, and sustainability of energy-efficient mortgages and location-efficient mortgages. CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(f) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. CommentsClose CommentsPermalink

SEC. 6. INTERAGENCY COUNCIL ON SUSTAINABLE COMMUNITIES.

(a) Establishment of Council- CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established in the executive branch an independent entity to be known as the Interagency Council on Sustainable Communities. CommentsClose CommentsPermalink





(2) MEMBERS- CommentsClose CommentsPermalink





(A) IN GENERAL- The members of the Council arshall be-- CommentsClose CommentsPermalink





(i) the Secretary, the Secretary of Transportation, and the Administrator of the Environmental Protection Agency; and CommentsClose CommentsPermalink





(ii) such representatives from other Federal agencies, departments, or offices in the executive branch as the President may prescribe. CommentsClose CommentsPermalink





(B) DESIGNEES- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(C) PAY- The members of the Council shall serve with no additional pay. CommentsClose CommentsPermalink





(3) CHAIRPERSON- CommentsClose CommentsPermalink





(A) CHAIRPERSON- The Chairperson of the Council shall be, in successive terms-- CommentsClose CommentsPermalink





(i) the Secretary; CommentsClose CommentsPermalink





(ii) the Secretary of Transportation; and CommentsClose CommentsPermalink





(iii) the Administrator of the Environmental Protection Agency. CommentsClose CommentsPermalink





(B) DUTIES- The Chairperson shall-- CommentsClose CommentsPermalink





(i) set the time, date, and location of each meeting of the Council; and CommentsClose CommentsPermalink





(ii) in consultation with the members of the Council, set the agenda for each meeting of the Council. CommentsClose CommentsPermalink





(C) TERM- The Chairperson shall serve for a term of 1 year. CommentsClose CommentsPermalink





(D) FIRST CHAIRPERSON- The Secretary shall be the first individual to serve as Chairperson after the date of enactment of this Act. CommentsClose CommentsPermalink





(4) EXECUTIVE DIRECTOR AND STAFF- CommentsClose CommentsPermalink





(A) EXECUTIVE DIRECTOR- CommentsClose CommentsPermalink





(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 undersection 5316 of title 5, United States Code. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(D) EXPERTS AND CONSULTANTS- With the approval of the Council, the Executive Director of the Council may procure temporary and intermittent services pursuant tosection 3109(b) of title 5, United States Code. CommentsClose CommentsPermalink





(5) CONSULTATION WITH ADDITIONAL SECRETARIES AND ADMINISTRATORS- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(6) MEETINGS- The Council shall meet-- CommentsClose CommentsPermalink





(A) not later than 90 days after the date of enactment of this Act; and CommentsClose CommentsPermalink





(B) not less frequently than 3 times each year. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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 theon which the memorandum of understanding under paragraph (7) is signed. CommentsClose CommentsPermalink





(b) Duties of the Council- The Council shall-- CommentsClose CommentsPermalink





(1) ensure interagency coordination of Federal policy on sustainable development; CommentsClose CommentsPermalink





(2) conduct outreach to nonprofit and for-profit organizations and State and local governments to build partnerships and knowledge relating to sustainable development; CommentsClose CommentsPermalink





(3) ensure that the research agendas ofwith respect to sustainable development efforts by departments and agencies of the Federal Government on sustainable development are coordinated-- CommentsClose CommentsPermalink





(A) coordinate the research agendas of the departments and agencies, to consolidate or eliminate overlapping or duplicative efforts; and CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(4) establish a clearinghouse for guidance, best practices, and other information for communities undertaking activities relating to sustainable development; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





and(6) coordinate with the Director on activities relating to the grant programs established under this Act, as described in section 5(a)(45), or establish a working group to coordinate with the Director on such activities; CommentsClose CommentsPermalink





(7) lead the Federal initiative to support healthy housing and eradicate housing-related health hazards by-- CommentsClose CommentsPermalink





(A) reviewing, monitoring, and evaluating Federal housing, health, energy, and environmental programs and identifying areas of overlap and duplication that could be improved; CommentsClose CommentsPermalink





(B) identifying best practices and model programs, including practices and programs that link services for low-income families and services for health hazards; CommentsClose CommentsPermalink





(C) identifying best practices for finance products, building codes, and regulatory practices; CommentsClose CommentsPermalink





(D) researching training programs and work practices that can accurately assess housing-related health hazards; CommentsClose CommentsPermalink





(E) promoting collaboration among Federal, State, local, and tribal agencies and non-governmental organizations; and CommentsClose CommentsPermalink





(F) coordinating with all relevant Federal agencies; and CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(A) provided improved and efficient access to jobs and other activities throughout metropolitan areas and micropolitan areas and regions; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(C) increased energy efficiency in communities and housing; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(E) encouraged density and mixed-use development within 1/2 mile of transit stations in regions with fixed guideway transit; CommentsClose CommentsPermalink





(F) increased the number of trips taken by walking, biking, and transit in a region; CommentsClose CommentsPermalink





(G) encouraged location-efficient development and the use of existing infrastructure in a region; and CommentsClose CommentsPermalink





(H) prompted an increase in comprehensive regional land use planning efforts, including the preservation of agricultural and rural land and green spaces. CommentsClose CommentsPermalink





(c) Reports- CommentsClose CommentsPermalink





(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 that contains-- CommentsClose CommentsPermalink





(A) a description of the activities and accomplishments of the Council; CommentsClose CommentsPermalink





(B) an evaluation of the development and accomplishments of the Council.(2)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 CommentsClose CommentsPermalink





(C) recommendations, if any, for legislation or other action necessary to eradicate housing-related health hazards. CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(A) an analysis of impediments to sustainable development; and CommentsClose CommentsPermalink





(B) recommendations for action by the Federal Government on issues relating to sustainable development. CommentsClose CommentsPermalink





(d) Study of Federal Actionsies and Reports- CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(1A) an updated analysis of impediments to sustainable development, as described in subsection (c)(2)(A); and CommentsClose CommentsPermalink





(2B) 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). CommentsClose CommentsPermalink





(2) COUNCIL STUDY ON SUSTAINABLE BUILDING FEATURES AND INDOOR ENVIRONMENTAL QUALITY IN HOUSING- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(B) CONTENTS OF STUDY- The study under subparagraph (A) shall-- CommentsClose CommentsPermalink





(i) investigate the effect of sustainable building features on the quality of the indoor environment and the prevalence of housing-related health hazards; CommentsClose CommentsPermalink





(ii) investigate how sustainable building features, such as energy efficiency, influence the health of occupants; and CommentsClose CommentsPermalink





(iii) comprehensively evaluate the effects on indoor environmental quality. CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section. CommentsClose CommentsPermalink

SEC. 7. COMPREHENSIVE PLANNING GRANT PROGRAM.

(a) Definitions- In this section-- CommentsClose CommentsPermalink





(1) the term ‘eligible entity’ means-- CommentsClose CommentsPermalink





(A) a partnership between a consortium of units of general local government and an eligible partner; or CommentsClose CommentsPermalink





(B) an Indian tribe, if-- CommentsClose CommentsPermalink





(i) the Indian tribe has-- CommentsClose CommentsPermalink





(I) a tribal entity that performs housing and land use planning functions; and CommentsClose CommentsPermalink





(II) a tribal entity that performs transportation and transportation planning functions; and CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(2) the term ‘eligible partner’ means-- CommentsClose CommentsPermalink





(A) a metropolitan planning organization, a rural planning organization, or a regional council; or CommentsClose CommentsPermalink





(B) a metropolitan planning organization, a rural planning organization, or a regional council, and a Stat-- CommentsClose CommentsPermalink





(i) a State; CommentsClose CommentsPermalink





(ii) an Indian tribe; or CommentsClose CommentsPermalink





(iii) a State and an Indian tribe; and CommentsClose CommentsPermalink





(3) the term ‘grant program’ means the comprehensive planning grant program established under subsection (b). CommentsClose CommentsPermalink





(b) Comprehensive Planning Grant Program Established- The Director shall establish a comprehensive planning grant program to make grants to eligible entities to carry out a project to--(1)-- CommentsClose CommentsPermalink





(1) to coordinate land use, housing, transportation, and infrastructure planning processesincluding coordinated human services transportation, infrastructure, and environmental planning processes, across jurisdictions and agencies; CommentsClose CommentsPermalink





(2) to identify potential regional partnerships for developing and implementing a comprehensive regional plan; CommentsClose CommentsPermalink





(3) to conduct or update housing, infrastructure, transportation, energy, and environmental assessments to determine regional needs and promote sustainable development; CommentsClose CommentsPermalink





(4) to develop or update-- CommentsClose CommentsPermalink





(A) a comprehensive regional plan; or CommentsClose CommentsPermalink





(B) goals and strategies to implement an existing comprehensive regional plan; and CommentsClose CommentsPermalink





(5) to implement local zoning and other code changes necessary to implement a comprehensive regional plan and promote sustainable development. CommentsClose CommentsPermalink





(c) Grants- CommentsClose CommentsPermalink





(1) AMOUNT OF GRANTS-(A) MICROPOLITAN STATISTICAL AREAS AND SMALL METROPOLITAN STATISTICAL AREAS- The amount awarded under the grant program to an eligible entity that representsDIVERSITY OF GRANTEES- The Director shall ensure geographic diversity among and adequate representation from each of the following categories: CommentsClose CommentsPermalink





(A) SMALL AND RURAL COMMUNITIES- Eligible entities that represent all or part of a noncore area, a micropolitan area, or a metropolitan statistical area with a population of not more than 200,000, may not exceed $75small metropolitan statistical area with a population of not more than 200,000. CommentsClose CommentsPermalink





(B) MID-SIZED METROPOLITAN STATISTICAL AREAS- The amount awarded under the grant program to an eligible entity that representsCOMMUNITIES- Eligible entities that represent 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,not more than 500,000. CommentsClose CommentsPermalink





(C) LARGE METROPOLITAN STATISTICAL AREAS- The amount awarded under the grant program to an eligible entity that representsCOMMUNITIES- Eligible entities that represent all or part of a metropolitan statistical area with a population of 500,000 or more may not exceed $5,0more than 500,000. CommentsClose CommentsPermalink





(2) AWARD OF FUNDS TO SMALL AND RURAL COMMUNITIES- CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(3) FEDERAL SHARE- CommentsClose CommentsPermalink





T(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. CommentsClose CommentsPermalink





(3B) 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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(4) AVAILABILITY OF FUNDS- CommentsClose CommentsPermalink





(A) IN GENERAL- An eligible entity that receives a grant under the grant program shall-- CommentsClose CommentsPermalink





(i) obligate any funds received under the grant program not later than 32 years after the date on which the grant agreement under subsection (g) is made; and CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(d) Application- CommentsClose CommentsPermalink





(1) IN GENERAL- An eligible entity that desires a grant under the grant programis section shall submit to the Director an application, at such time and in such manner as the Director shall prescribe.(2) CONTENTS- Each application shall contain, that contains-- CommentsClose CommentsPermalink





(A) a description of the project proposed to be carried out by the eligible entity; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(i) the creation of a consortium of units of general local government;(n eligible entity; CommentsClose CommentsPermalink





(ii) a description of the nature and extent of planned collaboration between the eligible entity and any partners of the eligible entity; CommentsClose CommentsPermalink





(iii) a commitment to develop a comprehensive regional plan; and CommentsClose CommentsPermalink





(iiiv) a commitment to implement the plan after it is developed;(Dthe plan is developed; CommentsClose CommentsPermalink





(E) a certification that the eligible entity has-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(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, economic development authorities, other local governments, environmental agencies, public health agencieshuman services agencies, area agencies on aging, the nonprofit community, the private sector, community-based organizations, citizen groups, neighborhood groups, and members of the public;(E, including representatives of older adults, persons with disabilities, and low-income families; CommentsClose CommentsPermalink





(F) a certification that the eligible entity has solicited public comment on the contents of the project description under subparagraph (A) that includes-- CommentsClose CommentsPermalink





(i) a certification that the eligible entity has held 1 or more public hearings;(ii) a description of the process for receiving public comment;

(iii) a summary of the comments received; and

(iv relating to the proposal; and CommentsClose CommentsPermalink




(ii) such other information as the Director may require; CommentsClose CommentsPermalink





(FG) a description of how the eligible entity will carry out the activities under subsection (f); and CommentsClose CommentsPermalink





(GH) such additional information as the Director may require. CommentsClose CommentsPermalink





(2) INDIAN TRIBES- An eligible entity that is an Indian tribe is not required to submit the certification under paragraph (1)(E). CommentsClose CommentsPermalink





(e) Selection- In evaluating an application for a grant under the grant program, the Director shall consider the extent to which the application-- CommentsClose CommentsPermalink





(1) furthers the creation of livable communities; CommentsClose CommentsPermalink





(2) demonstrates the technical capacity of the eligible entity to carry out the project; CommentsClose CommentsPermalink





(3) demonstrates the extent to which the consortium has developed partnerships throughout an entire micropolitan or metropolitan statistical arearegion, including, as appropriate, partnerships with the entities described in subsection (d)(2)(D);(4) 1)(D); CommentsClose CommentsPermalink





(4) demonstrates a commitment to-- CommentsClose CommentsPermalink





(A) sustainable development;(B) location-efficient and transit-oriented development and location-efficient development; CommentsClose CommentsPermalink





(B) transit-oriented development, where appropriate; CommentsClose CommentsPermalink





(C) developing new capacity for public transportation and increasing ridership on public transportation; CommentsClose CommentsPermalink





(D) providing affordable, energy-efficientlong-term affordable, accessible, energy-efficient, healthy, and location-efficient housing choices for families of all ages, incomes, races, and ethnicities; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(F) revitalizing communities, neighborhoods and commercial centers supported by existing infrastructure; CommentsClose CommentsPermalink





(G) monitoring and improving environmental quality, including air and water quality, energy use, greenhouse gas emissions, and the redevelopment of brownfields; CommentsClose CommentsPermalink





and(H) coordinating the provision of transportation services and information about such services to elderly, disabledolder adults, persons with disabilities, and low-income populationfamilies; and CommentsClose CommentsPermalink





(I) increasing trips made by bicycle and walking through strategies including developing integrated active transportation networks and enacting and implementing complete street policies; CommentsClose CommentsPermalink





(5) demonstrates a plan for implementing a comprehensive regional plan through regional infrastructure investment plans and local land use plans; CommentsClose CommentsPermalink





(6) promotes diversity among the geographic regions and the sizes of the population of the communities served by recipients of grants under this section; CommentsClose CommentsPermalink





(7) promotes economic benefits; CommentsClose CommentsPermalink





(8) demonstrates a commitment to seeking substantial public input during the planning process and public participation in the development of the comprehensive regional plan; CommentsClose CommentsPermalink





(9) demonstrates that a Federal grant is necessary to accomplish the project proposed to be carried out; CommentsClose CommentsPermalink





(910) minimizes the Federal share necessary to carry out the project and leverages State, local, or private resources; CommentsClose CommentsPermalink





(11) has a high quality overall; and CommentsClose CommentsPermalink





(102) demonstrates such other qualities as the Director may determine. CommentsClose CommentsPermalink





(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: CommentsClose CommentsPermalink





(1) Planning and coordinating across jurisdictions in the region to develop a comprehensive regional plan. CommentsClose CommentsPermalink





(2) Developing achievable goals and strategies for carrying out the comprehensive regional plan, including-- CommentsClose CommentsPermalink





(A) land use, zoning, and other code reform, including reform of conservation zoning in agricultural and other natural resource areas; CommentsClose CommentsPermalink





(B) promoting efficient land use, mixed-use development, and the preservation of agricultural, green, and open space; CommentsClose CommentsPermalink





(C) increasing access to and ridership on public transportation, including safe, accessible routes to public transportation; CommentsClose CommentsPermalink





(D) the creation and preservation of workforce housing and affordable housing for low-, very low-, and extremely low-income families, including housing with access to jobs and public transportation;(E) promoting economic development and transit-oriented development, public transportation, and community services and amenities and housing in mixed-income neighborhoods; CommentsClose CommentsPermalink





(E) promoting economic development and transit-oriented development, including co-location of healthcare and human services; CommentsClose CommentsPermalink





(F) revitalizing communities; CommentsClose CommentsPermalink





and(G) promoting environmental protection and public health(G) promoting environmental protection, public health, and healthy housing, and reducing greenhouse gas emissions; CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(I) increasing trips made by bicycle and walking through strategies including developing integrated active transportation networks. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(5) Assessing projected regional population growth or loss and demographic changes. CommentsClose CommentsPermalink





(56) 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. CommentsClose CommentsPermalink





(67) Assessing the accessibility of job centers within the region to public transportation facilities and housing. CommentsClose CommentsPermalink





(78) Assessing transportation options in the region, including-- CommentsClose CommentsPermalink





(A) public transportation options; CommentsClose CommentsPermalink





(B) options for creating integrated active transportation networks to increase trips made by bicycle and walking, including complete street policies and procedures; CommentsClose CommentsPermalink





(C) options for people with low incomes, people living in high-poverty areas, elderly people, and people with disabilities; and(Colder adults, and persons with disabilities; CommentsClose CommentsPermalink





(D) the effectiveness of coordinated human services transportation in the region; and CommentsClose CommentsPermalink





(E) any obstacles to providing access to locations that offer employment opportunities. CommentsClose CommentsPermalink





(8) Developing techniques to inform decision makers on how growth of population and employment, development patterns, and investments in transportation infrastructure are likely to affect travel, congestion, air quality, and quality of life.

(9) Assessing the daily vehicle miles traveled in the region and opportunities for reducing the growth in daily vehicle miles traveled and traffic congestion. CommentsClose CommentsPermalink




(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. CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(A) are undergoing redevelopment or carrying out transit-oriented development; CommentsClose CommentsPermalink





and(B) have access to services including transportationtransportation (particularly public transportation), jobs, educational facilities, neighborhood commercial centers, and medical services; and CommentsClose CommentsPermalink





(C) are in mixed-income neighborhoods. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(13) Assessing existing infrastructure and infrastructure needswater 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. CommentsClose CommentsPermalink





(14) Assessing local land use and zoning policies and opportunities for revising or expanding such policies to implement a comprehensive regional plan. CommentsClose CommentsPermalink





(15) Assessing the opportunity to revitalize existing communities, including infill development. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(18) Assessing projected loss of agricultural and rural land and other green space in the region to development, and methods to minimize such loss. CommentsClose CommentsPermalink





(18) Evaluating any tools or resources that are available to address regional needs identified in an assessment under any of paragraphs (4) through (7) and (9) through (17) and to monitor progress in meeting such needs, including any existing sources of funding and any sources of funding that are lacking.

(19) 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. CommentsClose CommentsPermalink




(20) Implementing land use, zoning, and other code reforms to promote location efficiency and sustainable development. CommentsClose CommentsPermalink





(201) 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. CommentsClose CommentsPermalink





(22) Other activities consistent with the purposes of this Act, as determined by the Director. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(h) Public Outreach- CommentsClose CommentsPermalink





(1) OUTREACH REQUIRED- Each eligible entity that receives a grant under the grant program shall perform substantial outreach activities-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(B) to create an effective means for stakeholders to participate in the development and implementation of a comprehensive regional plan. CommentsClose CommentsPermalink





(2) FINALIZATION OF COMPREHENSIVE REGIONAL PLAN- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(C) NOTICE- Not later than 30 days before a hearing described in subparagraph (A), an eligible entity shall publish notice-- CommentsClose CommentsPermalink





(i) of the hearing; and CommentsClose CommentsPermalink





(ii) that the information described in subparagraph (B) is available. CommentsClose CommentsPermalink





(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, or is otherwise in violation of the grant agreement, the Director may--(1)or has not complied with the public outreach requirements under subsection (h), the Director may-- CommentsClose CommentsPermalink





(1) withhold financial assistance until the performance measuresrequirements under the grant agreement or under subsection (h), as applicable, are met; or CommentsClose CommentsPermalink





(2) terminate the grant agreement. CommentsClose CommentsPermalink





(i) Sustainability Challenge Grants- An eligible entity that receives a grant under this section and has created a comprehensive regional plan may apply for a sustainability challenge grant under section 8.

(j) Reports Required- CommentsClose CommentsPermalink




(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-- CommentsClose CommentsPermalink





(A) a description of any progress made toward meeting the performance measures established under subsection (g), including-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(ii) a description of-- CommentsClose CommentsPermalink





(I) housing, land use, transportation, public transportation, energy, infrastructure, and environmental needs in the region; or CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(B) a description of any planning goals for the region that address housing, transportation, public transportation, energy, infrastructure, and environmental needs; CommentsClose CommentsPermalink





(C) a description of-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





and(D (D) a description of the process for soliciting public participation, and a description of the efforts to reach affected populations and stakeholders; and CommentsClose CommentsPermalink





(E) any other information the Director may require. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(B) a detailed description of how the plan under subparagraph (A) meets the performance measures established under subsection (g); CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(D) any other information the Director may require. CommentsClose CommentsPermalink





(k) Authorization of Appropriations- CommentsClose CommentsPermalink





(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 to remain available until expended-- CommentsClose CommentsPermalink





(A) $100,000,000 for fiscal year 2011; and CommentsClose CommentsPermalink





(B) $125,000,000 for each of fiscal years 20102 through 2013, to remain available until expended4. CommentsClose CommentsPermalink





(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)(34). CommentsClose CommentsPermalink

SEC. 8. SUSTAINABILITY CHALLENGE GRANT PROGRAM.

(a) Definitions- In this section-- CommentsClose CommentsPermalink





(1) the term ‘eligible entity’ means-- CommentsClose CommentsPermalink





(A) a partnership between a consortium of units of general local government and an eligible partner; or CommentsClose CommentsPermalink





(B) an Indian tribe, if-- CommentsClose CommentsPermalink





(i) the Indian tribe has-- CommentsClose CommentsPermalink





(I) a tribal entity that performs housing and land use planning functions; and CommentsClose CommentsPermalink





(II) a tribal entity that performs transportation and transportation planning functions; and CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(2) the term ‘eligible partner’ means-- CommentsClose CommentsPermalink





(A) a metropolitan planning organization, a rural planning organization, or a regional council; or CommentsClose CommentsPermalink





(B) a metropolitan planning organization, a rural planning organization, or a regional council, and a Stat-- CommentsClose CommentsPermalink





(i) a State; CommentsClose CommentsPermalink





(ii) an Indian tribe; or CommentsClose CommentsPermalink





(iii) a State and an Indian tribe; and CommentsClose CommentsPermalink





(3) the term ‘grant program’ means the sustainability challenge grant program established under subsection (b). CommentsClose CommentsPermalink





(b) Sustainability Challenge Grant Program Established- The Director shall establish a sustainability challenge grant program to make grants to eligible entities to-- CommentsClose CommentsPermalink





(1) promote integrated transportation, housing, energy, and economic development activitiesinfrastructure, environmental, and economic development activities carried out across policy and governmental jurisdictions; CommentsClose CommentsPermalink





(2) promote sustainable development and location-efficient development; and CommentsClose CommentsPermalink





(3) implement projects identified in a comprehensive regional plan. CommentsClose CommentsPermalink





(c) Grants- CommentsClose CommentsPermalink





(1) MICROPOLITAN STATISTICAL AREA OR SMALL METROPOLITAN STATISTICAL AREA- The total amount awarded under this section to an eligible entity that representsDIVERSITY OF GRANTEES- The Director shall ensure geographic diversity among and adequate representation from each of the following categories: CommentsClose CommentsPermalink





(A) SMALL AND RURAL COMMUNITIES- Eligible entities that represent all or part of a noncore area, a micropolitan area, or a metropolitan area with a population of not more than 200,000, may not exceed $15,000,000.(2)small metropolitan statistical area with a population of not more than 200,000. CommentsClose CommentsPermalink





(B) MID-SIZED METROPOLITAN STATISTICAL AREAS BETWEEN 200,000 AND 500,000- The total amount awarded under this section to an eligible entity that representsCOMMUNITIES- Eligible entities that represent 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.(3not more than 500,000. CommentsClose CommentsPermalink





(C) LARGE METROPOLITAN AREAS- The total amount awarded under this section to an eligible entity that representsCOMMUNITIES- Eligible entities that represent all or part of a metropolitan area with a population of 500,000 may not exceed $100,000,000.(4) statistical area with a population of more than 500,000. CommentsClose CommentsPermalink





(2) AWARD OF FUNDS TO SMALL AND RURAL COMMUNITIES- CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(3) FEDERAL SHARE- CommentsClose CommentsPermalink





The Federal share of the cost of a project under this section(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. CommentsClose CommentsPermalink





(5B) 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. CommentsClose CommentsPermalink





(4) AVAILABILITY OF FUNDS- CommentsClose CommentsPermalink





(A) IN GENERAL- An eligible entity that receives a grant under the grant program shall-- CommentsClose CommentsPermalink





(i) obligate any funds received under the grant program not later than 32 years after the date on which the grant agreement under subsection (g) is made; and CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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 sectione grant program, any amounts that an eligible entity has not obligated under subparagraph (A)(i). CommentsClose CommentsPermalink





(d) Application- CommentsClose CommentsPermalink





(1) CONTENTS- An eligible entity that desires a grant under this sectione grant program shall submit to the Director an application, at such time and in such manner as the Director shall prescribe, that contains-- CommentsClose CommentsPermalink





(1A) a copy of the comprehensive regional plan, whether developed as part of the comprehensive planning grant program under section 7 or developed independently; CommentsClose CommentsPermalink





(2B) a description of the project or projects proposed to be carried out using a grant under the grant program; CommentsClose CommentsPermalink





(3C) 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 (2subparagraph (B), including the revision of land use or zoning policies; CommentsClose CommentsPermalink





(4D) 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-- CommentsClose CommentsPermalink





(Ai) the creation of a consortium of units of general local government; and CommentsClose CommentsPermalink





(Bii) a commitment to implement the activities described in the comprehensive regional plan; CommentsClose CommentsPermalink





(5E) a certification that the eligible entity has solicited public comment on the contents of the project description under paragraph (2or projects described in subparagraph (B) that includes-- CommentsClose CommentsPermalink





(Ai) a certification that the eligible entity has held 1 or more public hearings;(Bmade 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; CommentsClose CommentsPermalink





(ii) a description of the process for receiving public comment;(C) a summary of the, and a description of the outreach efforts to affected populations and stakeholders; CommentsClose CommentsPermalink





(iii) a certification that the eligible entity-- CommentsClose CommentsPermalink





(I) held a public hearing to obtain the views of citizens, public agencies, and other interested parties; CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(III) published a notice informing the public of the hearing under subclause (I) and the availability of the information described in subclause (II); and CommentsClose CommentsPermalink





(iv) a summary of any comments received; and

(D) such other information as the Director may require;

(6, including an explanation of why any such comments were or were not included in the final application; CommentsClose CommentsPermalink




(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 CommentsClose CommentsPermalink





(7G) such additional information as the Director may require. CommentsClose CommentsPermalink





(2) INDIAN TRIBES- An eligible entity that is an Indian tribe is not required to submit a memorandum of understanding under paragraph (1)(D). CommentsClose CommentsPermalink





(e) Selection- In evaluating an application for a grant under the grant program, the Director shall consider the extent to which the application-- CommentsClose CommentsPermalink





(1) furthers the creation of livable communities; CommentsClose CommentsPermalink





(2) promotes sustainable development and location-efficient development; CommentsClose CommentsPermalink





(3) demonstrates the technical capacity of the eligible entity to carry out the project; CommentsClose CommentsPermalink





(34) demonstrates the extent to which the eligible entity has developed partnerships throughout an entire micropolitan or metropolitan statistical area, including partnerships with units of region, including partnerships with units of special purpose local government and public transportation agencies; CommentsClose CommentsPermalink





(45) demonstrates clear and meaningful interjurisdictional cooperation and coordination of housing, transportation, and environmental policies and plans; CommentsClose CommentsPermalink





(56) demonstrates a commitment to implementing a comprehensive regional plan and documents action taken or planned to implement the plan, including-- CommentsClose CommentsPermalink





(A) rezoning or other changes to land use controls to enable mixed-use, mixed-income development; CommentsClose CommentsPermalink





(B) planned or proposed public transportation investments, including-- CommentsClose CommentsPermalink





(i) financial contributions for capital and operating costs of public transportation; CommentsClose CommentsPermalink





(ii) improvements for bicycle riders and pedestrians, including complete street policies and procedures and integrated active transportation networks; CommentsClose CommentsPermalink





(iii) action taken to increase the number of trips made using public transportation and bicycles and by walking; CommentsClose CommentsPermalink





and(iv) special efforts to address and plan for the needs of elderly, disabledolder adults, persons with disabilities, and low-income populations, including populations in rural areas;(Cfamilies, and to address issues of rural isolation and accessibility to community support and services among such populations; and CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(D) investment in and actions relating to plans or proposals for incentives, subsidies, or requirements for developers to create and preserve affordable housing, including-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(ii) affordable housing for very low- and extremely low-income families, particularly housing in mixed-income, location-efficient neighborhoods with transit-oriented development; CommentsClose CommentsPermalink





(DE) actions taken to promote transit-oriented development, including plans or proposals for zoning, or for incentives, subsidies, or requirements for developers; and CommentsClose CommentsPermalink





(EF) 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; CommentsClose CommentsPermalink





(67) minimizes the Federal share necessary to carry out the project;(7 and leverages a significant amount of State, local, or private resources; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(8) promotes location-efficient development through--

(A) mixed-income, mixed-use residential and commercial development that is accessible to jobs and public transportation; or

(B) development that is pedestrian-friendly and includes complete street projects;

(9) promotes diversity among the geographic regions and the sizes of the population of the communities served by recipients of grants under this section;(10e grant program; CommentsClose CommentsPermalink




(10) demonstrates a commitment to substantial public input throughout the implementation process; CommentsClose CommentsPermalink





(11) demonstrates that a Federal grant is necessary to accomplish the project or projects proposed to be carried out; CommentsClose CommentsPermalink





(112) has a high quality overall; and CommentsClose CommentsPermalink





(123) demonstrates such other qualities as the Director may determine. CommentsClose CommentsPermalink





(f) Grant Activities- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(2) PROJECTS AND INVESTMENTS- An eligible entity that receives a grant under the grant program shall carry out 1 or more projects that-- CommentsClose CommentsPermalink





(A) are designed to achieve the goals identified in a comprehensive regional plan; and CommentsClose CommentsPermalink





(B) promote livable communities through investment in-- CommentsClose CommentsPermalink





(i) transit-oriented development; CommentsClose CommentsPermalink





(ii) transportation infrastructure and facilities, including public transportation, projects 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; CommentsClose CommentsPermalink





(iii) short-term operating funds to initiate a demonstration of new public transportation services; CommentsClose CommentsPermalink





(iv) promotion of employer-based commuter benefit programs to increase public transportation ridership; CommentsClose CommentsPermalink





(v) promotion of trip reduction programs and the use of transportation alternatives; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(viii) brownfield redevelopment, or other redevelopment of communities and commercial areas, including the main streets of small towns; CommentsClose CommentsPermalink





(viiiix) infrastructure maintenance and improvement initiatives that support regionally integrated planning and smart growth; CommentsClose CommentsPermalink





(ix) energy efficiency retrofit projects; CommentsClose CommentsPermalink





(xi) land banking for transit-oriented development; CommentsClose CommentsPermalink





(xii) infrastructure maintenance, improvement and development that improve-- CommentsClose CommentsPermalink





(I) quality of life and wellness, including access to recreational facilities and active transportation opportunities, such as trails; and CommentsClose CommentsPermalink





(II) the availability of nutritious food; CommentsClose CommentsPermalink





(xiii) implementing land use, zoning, and other code reforms to promote location-efficient development and sustainable development; CommentsClose CommentsPermalink





(xiiv) other economic development that is part of the comprehensive regional plan; and(xiii) other activitiesor CommentsClose CommentsPermalink





(xv) other activities consistent with the purposes of this Act, as determined by the Director. CommentsClose CommentsPermalink





(g) Grant Agreement- Each eligible entity that receives a grant under this sectione grant program shall agree to establish, in coordination with the Director, performance measures and, 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. CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(1) withhold financial assistance until the performance measuresrequirements under the grant agreement are met; or CommentsClose CommentsPermalink





(2) terminate the grant agreement. CommentsClose CommentsPermalink





(i) Report on the Sustainability Challenge Grant- CommentsClose CommentsPermalink





(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 sectione grant program shall submit a final report on the project to the Council. CommentsClose CommentsPermalink





(2) CONTENTS OF REPORT- The report shall include-- CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(B) a discussion of any obstacles encountered in the planning and implementation process and how the eligible entity overcame the obstacles; CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(D) any other information the Director may require. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(j) Community Zoning and Land Use Planning Grant and Building Code Enforcement Grant Program- CommentsClose CommentsPermalink





(1) DEFINITION OF THE TERM ‘BUILDING CODE ENFORCEMENT’- In this subsection, the term ‘building code enforcement’-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(2) GRANT PROGRAM ESTABLISHED- The Director may award competitive grants under this subsection-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(B) to units of general local government and tribal authorities, to fund building code enforcement. CommentsClose CommentsPermalink





(3) USE OF FUNDS- CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(ii) the development and implementation of local, corridor, or district plans and strategies that promote livability; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(iv) revisions to building codes to promote energy-efficient rehabilitation and new construction to create affordable housing and healthy housing; CommentsClose CommentsPermalink





(v) strategies for creating or preserving affordable housing along existing or planned transit corridors; and CommentsClose CommentsPermalink





(vi) strategies to bring affordable housing to areas that have few affordable housing opportunities and are close to suburban employment centers. CommentsClose CommentsPermalink





(B) USE OF FUNDS FOR BUILDING CODE ENFORCEMENT- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(4) SELECTION CRITERIA FOR BUILDING CODE ENFORCEMENT GRANTS- CommentsClose CommentsPermalink





(A) IN GENERAL- In selecting applicants for grants under paragraph (2)(B), the Director shall consider-- CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(ii) the financial need of the building code enforcement jurisdiction in which the applicant is located; and CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(5) MAXIMUM AMOUNT OF GRANTS- The amount of a grant awarded under this subsection may not exceed-- CommentsClose CommentsPermalink





(A) $3,000,000 for a grant under paragraph (2)(A); or CommentsClose CommentsPermalink





(B) $1,000,000 for a grant under paragraph (2)(B). CommentsClose CommentsPermalink





(6) FEDERAL SHARE- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(k) Authorization of Appropriations- CommentsClose CommentsPermalink





(1) AUTHORIZATION- There are authorized to be appropriated to the Secretary for the award of grants under this section, to remain available until expended-- CommentsClose CommentsPermalink





(A) $75100,000,000 for fiscal year 2011; CommentsClose CommentsPermalink





(B) $1,250,000,000 for fiscal year 2012; and(C) $1,750,000,000 for fiscal year 2013500,000,000 for fiscal year 2012; CommentsClose CommentsPermalink





(C) $700,000,000 for fiscal year 2013; and CommentsClose CommentsPermalink





(D) $900,000,000 for fiscal year 2014. CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(A) 0.5 percent of the amounts made available under this subsection for athe fiscal year; andor CommentsClose CommentsPermalink





(B) $2,000,000. CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink