Conditions the receipt of federal housing funds by a state, political subdivision, or any agency or office thereof on the preparation of a state economic housing impact analysis regarding any new rule proposed by the state, political subdivision, agency or office that has a significant adverse economic impact on housing construction costs or housing affordability in excess of $50 million annually.
Sets forth analysis requirements.
Requires the Secretary of Housing and Urban Development to develop a model analysis.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3266 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3266
To condition the receipt of Federal housing funds by a State or
political subdivision of a State, or any agency or office thereof, on
the preparation of an economic housing impact analysis regarding any
new rule proposed by the State, political subdivision, agency, or
office that has a significant adverse economic impact on housing
construction costs or housing affordability of $50,000,000 or more, and
for other other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2005
Mr. Andrews introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To condition the receipt of Federal housing funds by a State or
political subdivision of a State, or any agency or office thereof, on
the preparation of an economic housing impact analysis regarding any
new rule proposed by the State, political subdivision, agency, or
office that has a significant adverse economic impact on housing
construction costs or housing affordability of $50,000,000 or more, and
for other other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CONDITION ON FEDERAL FUNDING.
(a) In General.--No Federal housing funds may be provided to a
State or a political subdivision of a State, or to any agency or office
thereof, unless the Secretary of Housing and Urban Development
determines that the State has in effect a State law that--
(1) requires the preparation of an economic analysis of any
housing rule change proposed by the State, political
subdivision, agency, or office that may have a significant
adverse impact on housing construction costs or housing
affordability; and
(2) satisfies the requirements of section 2 with respect to
the contents of such analysis.
(b) Effective Date.--The condition imposed by subsection (a) shall
take effect one year after the date of enactment of this Act.
SEC. 2. PROPOSED RULE AND ECONOMIC HOUSING IMPACT ANALYSIS.
(a) Applicability.--The requirements of this section shall apply
with respect to any proposed or final rule, unless the State or
political subdivision of a State, or any agency or office thereof,
promulgating the rule certifies that the proposed or final rule will
not, if given force or effect as a final rule, have a significant
adverse impact on housing construction cost or housing affordability.
(b) Certification.--Any State or political subdivision of a State,
or any agency or office thereof, making a certification under
subsection (a), shall submit to the Secretary a copy of such
certification and a statement providing the factual basis for such
certification.
(c) Public Disclosure.--
(1) Notice and comment period for proposed rule required.--
(A) In general.--Whenever any State or political
subdivision of a State, or any agency or office
thereof, proposes a rule that will have a significant
impact on housing construction costs or housing
affordability, the State, political subdivision,
agency, or office shall make a public announcement of
the proposed rule that--
(i) states with particularity the text of
the proposed rule; and
(ii) requests any interested persons to
submit to the State, political subdivision,
agency, or office any written analyses, data,
view, or arguments, along with any specific
alternatives to the proposed rule.
(B) Timing.--The State, political subdivision,
agency, office shall provide reasonable time and
opportunity for interested persons to take the actions
specified under subparagraph (A)(ii) before
promulgation of the proposed rule.
(2) Notice and comment period for economic housing impact
analysis required.--Whenever any State or political subdivision
of a State, or any agency or office thereof, proposes a rule
that will have a significant adverse impact on housing
construction costs or housing affordability, the State,
political subdivision, agency, or office shall prepare and make
available to the public for comment a copy of the economic
housing impact analysis in accordance with subsection (d).
(d) Economic Housing Impact Analysis.--
(1) Requirements.--Each economic housing impact analysis
shall--
(A) describe the impact of the proposed rule on
housing construction costs or housing affordability;
and
(B) be made available to the public for comment at
the same time as, and together with, the public
announcement of the proposed rule.
(2) Transmittal to secretary.--Any State, political
subdivision, agency, or office that prepares an economic
housing impact analysis shall transmit to the Secretary such
analysis.
(3) Contents.--Each economic housing impact analysis
required under this subsection shall contain--
(A) a description of the reasons why action by the
State, political subdivision, agency, or office is
being considered;
(B) a succinct statement of the objectives of, and
legal basis for, the proposed rule;
(C) a summary of the significant issues, analyses,
and any alternatives to the proposed rule, a summary of
the assessment of the State, political subdivision,
agency, or office of such issues, analyses, and
alternatives;
(D) a description of and, where practicable, an
estimate of the extent to which the proposed rule will
impact housing construction costs or housing
affordability, or an explanation of why no such
estimate is available; and
(E) an identification, to the extent practicable,
of all relevant Federal or State rules which may
duplicate, overlap, or conflict with the proposed rule.
(e) Preparation of Analyses.--In complying with the provisions of
subsection (d), the State, political subdivision, agency, or office may
provide either a quantifiable or numerical description of the effects
of a proposed rule or alternatives to the proposed rule, or more
general descriptive statements if quantification is not practicable or
reliable.
(f) Development of Model.--Not later than six months from the date
of the enactment of this Act, the Secretary shall develop a model
economic housing impact analysis under this section and shall publish
such model in the Federal Register. The model analyses shall define the
primary elements of an economic housing impact analysis to instruct the
States or political subdivisions of the States, or any agencies or
offices thereof, on how to carry out and develop the analyses required
under subsection (d).
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal housing funds.--The term ``Federal housing
funds'' means funds provided under any program administered by
the Secretary of Housing and Urban Development that provides
housing assistance to any State or political subdivision of a
State, or to any agency or office thereof, including any public
housing agency.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(3) Significant adverse impact.--The term ``significant
adverse impact'', with respect to a rule, means that the rule,
if given force or effect as a final rule, will increase housing
construction costs or housing affordability for consumers by
more than $50,000,000 per year.
(4) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any other commonwealth, possession, or
territory of the United States.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Financial Services.
Referred to the Subcommittee on Housing and Community Opportunity.
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