Community Building Code Administration Grant Act of 2009 - Requires the Secretary of Housing and Urban Development, to the extent amounts are made available for grants under this Act, to award grants, on a competitive basis and with federal matching funds, to qualified local building code enforcement departments to increase staffing, provide staff training, increase staff competence and professional qualifications, support individual certification or departmental accreditation, or for capital expenditures specifically dedicated to department administration.
Sets forth criteria for rating and ranking of grant proposals.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2246 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2246
To promote and enhance the operation of local building code enforcement
administration across the country by establishing a competitive Federal
matching grant program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 5, 2009
Mr. Moore of Kansas (for himself, Mrs. Biggert, and Ms. Titus)
introduced the following bill; which was referred to the Committee on
Financial Services
_______________________________________________________________________
A BILL
To promote and enhance the operation of local building code enforcement
administration across the country by establishing a competitive Federal
matching grant program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Building Code
Administration Grant Act of 2009''.
SEC. 2. GRANT PROGRAM AUTHORIZED.
(a) Grant Authorization.--The Secretary of Housing and Urban
Development shall to the extent amounts are made available for grants
under this Act provide grants to local building code enforcement
departments.
(b) Competitive Awards.--The Secretary shall award grants under
subsection (a) on a competitive basis pursuant to the criteria set
forth in section 6, but also taking into consideration the following:
(1) The financial need of each building code enforcement
department.
(2) The benefit to the jurisdiction of having an adequately
funded building code enforcement department.
(3) The demonstrated ability of each building code
enforcement department to work cooperatively with other local
code enforcement offices, health departments, and local
prosecutorial agencies.
(c) Maximum Amount.--The maximum amount of any grant awarded under
this section shall not exceed $1,000,000.
SEC. 3. REQUIRED ELEMENTS IN GRANT PROPOSALS.
In order to be eligible for a grant under section 2, a building
code enforcement department of a jurisdiction shall submit to the
Secretary the following:
(1) A demonstration of the jurisdiction's needs in
executing building code enforcement administration.
(2) A plan for the use of any funds received from a grant
under this Act that addresses the needs discussed in paragraph
(1) and that is consistent with the authorized uses established
in section 4.
(3) A plan for local governmental actions to be taken to
establish and sustain local building code enforcement
administration functions, without continuing Federal support,
at a level at least equivalent to that proposed in the grant
application.
(4) A plan to create and maintain a program of public
outreach that includes a regularly updated and readily
accessible means of public communication, interaction, and
reporting regarding the services and work of the building code
enforcement department to be supported by the grant.
(5) A plan for ensuring the timely and effective
administrative enforcement of building safety and fire
prevention violations.
SEC. 4. USE OF FUNDS; MATCHING FUNDS.
(a) Authorized Uses.--Amounts from grants awarded under section 2
may be used by the grant recipient to supplement existing State or
local funding for administration of building code enforcement. Such
amounts 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 the
building code enforcement department.
(b) Additional Requirement.--Each building code enforcement
department receiving a grant under section 2 shall empanel a code
administration and enforcement team consisting of at least 1 full-time
building code enforcement officer, a city planner, and a health planner
or similar officer.
(c) Matching Funds Required.--
(1) In general.--To be eligible to receive a grant under
this Act, a building code enforcement department shall provide
matching, non-Federal funds in the following amount:
(A) In the case of a building code enforcement
department serving an area with a population of more
than 50,000, an amount equal to not less than 50
percent of the total amount of any grant to be awarded
under this Act.
(B) In the case of a building code enforcement
department serving an area with a population of between
20,001 and 50,000, an amount equal to not less than 25
percent of the total amount of any grant to be awarded
under this Act.
(C) In the case of a building code enforcement
department serving an area with a population of less
than 20,000, an amount equal to not less than 12.5
percent of the total amount of any grant to be awarded
under this Act.
(2) Economic distress.--
(A) In general.--The Secretary may waive the
matching fund requirements under paragraph (1), and
institute, by regulation, new matching fund
requirements based upon the level of economic distress
of the jurisdiction in which the local building code
enforcement department seeking such grant is located.
(B) Content of regulations.--Any regulations
instituted under subparagraph (A) shall include--
(i) a method that allows for a comparison
of the degree of economic distress among the
local jurisdictions of grant applicants, as
measured by the differences in the extent of
growth lag, the extent of poverty, and the
adjusted age of housing in such jurisdiction;
and
(ii) any other factor determined to be
relevant by the Secretary in assessing the
comparative degree of economic distress among
such jurisdictions.
(d) In-Kind Contributions.--In determining the non-Federal share
required to be provided under subsection (c), the Secretary shall
consider in-kind contributions, not to exceed 50 percent of the amount
that the department contributes in non-Federal funds.
(e) Waiver of Matching Requirement.--The Secretary shall waive the
matching fund requirements under subsection (c) for any recipient
jurisdiction that has dedicated all building code permitting fees to
the conduct of local building code enforcement.
SEC. 5. RATING AND RANKING OF APPLICATIONS.
Eligible applications will be rated and ranked according to the
criteria under section 6. All complete applications shall be compared
to one another and points shall be assigned on a continuum within each
criteria with the maximum points awarded to the application that best
meets the criteria.
SEC. 6. CRITERIA.
The criteria under this section are as follows:
(1) Need and community benefit from code enforcement grant
funds.--The degree to which the application demonstrates the
intent and means to ensure cooperative and effective working
relationships between local building code enforcement officials
and other local agencies, as well as a community-oriented
approach to building code enforcement, with points awarded as
follows:
----------------------------------------------------------------------------------------------------------------
Description Maximum Points
----------------------------------------------------------------------------------------------------------------
A detailed description of the capital expenditures to be acquired with 0-10
grant funds and a demonstration that the items' costs are reasonable.
The jurisdiction's need for the capital expenditure and how the grant 0-10
funds will fulfill this need.
The joint benefits provided by the proposed expenditure for the 0-5
following groups or activities. Provide a brief explanation of the
benefit. (1 point will be awarded for each response, 5 points maximum).
1. Code enforcement program.
2. Community or jurisdiction.
3. Interdisciplinary code enforcement team.
4. Housing preservation, rehabilitation programs, or neighborhood
improvement programs.
5. Special needs groups (disabled, elderly or low or very-low income,
etc.).
Does the proposed capital expenditure provide a cost savings benefit to 0-5.
the jurisdiction? Provide a brief explanation of the cost savings.
----------------------------------------------------------------------------------------------------------------
(2) Current code enforcement and housing conservation
plan.--Whether the local legislative body in which the
applicant resides has adopted a plan that addresses residential
structure conservation and building code enforcement. Points
shall be awarded, based on which of the descriptions from the
following list best reflects such jurisdiction's plan for
building code enforcement activities, as follows:
----------------------------------------------------------------------------------------------------------------
Description Maximum Points
----------------------------------------------------------------------------------------------------------------
The plan provides for proactive code enforcement (not just responding to 10
complaints), an interdisciplinary approach, and includes funding
options for repairs and rehabilitation.
The plan only provides for proactive code enforcement (not just 8
responding to complaints) and calls for an interdisciplinary approach
and does not address funding options for repairs and rehabilitation.
The plan provides for some type of proactive code enforcement (other 6
than just responding to complaints) but doesn't address coordinated
interdisciplinary activities with other local public agencies or
funding options.
The plan provides for only reactive code enforcement. 4
The plan only refers to a need to preserve and/or improve existing 2
housing stock, without any code enforcement program.
No existing plan. 0.
----------------------------------------------------------------------------------------------------------------
(3) Community-oriented or interdisciplinary code
enforcement.--The degree to which the application demonstrates
the intent and means to ensure cooperative and effective
working relationships between building code enforcement
officials and other local agencies, as well as a community-
oriented approach to code enforcement, with points awarded as
follows:
----------------------------------------------------------------------------------------------------------------
Description Maximum Points
----------------------------------------------------------------------------------------------------------------
Identify current or proposed interdisciplinary code enforcement programs 0-10
or activities and the team members (example: code enforcement, police,
local prosecutors, health department, building and planning, fire,
etc.). Provide a description of the team's code enforcement and
coordination procedures, activities and services provided. If the
current programs or resources are limited in scope, explain how receipt
of the grant will be used to improve the program.
Identify current or proposed community-oriented code enforcement 0-10.
programs, activities, or services. (Examples: community clean-ups,
Neighborhood Watch programs, community meetings, door-to-door code
enforcement knock and talks, etc.). If the current programs or
resources are limited in scope, explain how receipt of the grant will
be used to improve the program.
----------------------------------------------------------------------------------------------------------------
(4) Proactive code enforcement activities.--The
effectiveness of the proposed or existing proactive activities
and programs operated by any existing building code enforcement
program, which shall include points awarded as follows for any
such activities or programs:
----------------------------------------------------------------------------------------------------------------
Description Maximum Points
----------------------------------------------------------------------------------------------------------------
Encourages repairs and preservation, rather than demolition or 0-5
abandonment, of substandard residences.
Abatement of (a) lead hazards and lead-based paints, (b) toxic molds and 0-5
dampness, and (c) displacement or relocation of residents.
Community clean-up campaigns. This may include recycling dates, free or 0-5
reduced disposal rates at dumpsite, public clean-up days that encourage
removal of unwanted or excess debris by making available extra trash
pick-ups, dumpsites or trash/recycling containers on specific dates to
dispose of household debris, inoperable vehicles, tires, toxic
materials, etc.
Resource or referral programs for Federal, State, local, and private 0-5
funds and other resources available in your jurisdiction that can
assist with housing rehabilitation and repairs to rectify code
violations.
Public education programs on housing issues. These could include 0-5
community housing meetings dealing with homeownership, tenant/landlord
issues, housing code enforcement, school age children's programs with
coloring books or handouts, housing safety pamphlets, etc.
Programs that encourage community involvement with groups; such as 0-5.
schools, church nonprofits, community service groups, utility
companies, local stores, housing agency banks, etc.
----------------------------------------------------------------------------------------------------------------
(5) Capacity to financially and technically support
proposed capital expenditures.--The degree to which the
application demonstrates the jurisdiction's financial and
technical capacity to properly use and successfully support the
proposed capital expenditure during the term of the grant, with
points awarded as follows:
----------------------------------------------------------------------------------------------------------------
Description Maximum Points
----------------------------------------------------------------------------------------------------------------
The anticipated ongoing program funding for the duration of the grant 0-5
program is adequate to financially support the use of the grant-
financed equipment. Include details of funding and technical support
sources for the capital expenditure (examples: insurance, paper,
maintenance, training, supplies, personnel, monthly billing costs,
etc.).
The jurisdiction has the technical capabilities to use and support 0-5.
equipment (examples: adequately trained staff or resources to provide
training to operate technical equipment, local service provider for
cell phones or 2-way radios, trained personnel to operate equipment,
etc.).
----------------------------------------------------------------------------------------------------------------
SEC. 7. EVALUATION AND REPORT.
(a) In General.--Grant recipients shall--
(1) be obligated to fully account and report for the use of
all grants funds; and
(2) provide a report to the Secretary on the effectiveness
of the program undertaken by the grantee and any other criteria
requested by the Secretary for the purpose of indicating the
effectiveness of, and ideas for, refinement of the grant
program.
(b) Report.--The report required under subsection (a)(2) shall
include a discussion of--
(1) the specific capabilities and functions in local
building code enforcement administration that were addressed
using funds received under this Act;
(2) the lessons learned in carrying out the plans supported
by the grant; and
(3) the manner in which the programs supported by the grant
are to be maintained by the grantee.
(c) Content of Reports.--The Secretary shall--
(1) require each recipient of a grant under this Act to
file interim and final reports under subsection (b) to ensure
that grant funds are being used as intended and to measure the
effectiveness and benefits of the grant program; and
(2) develop and maintain a means whereby the public can
access such reports, at no cost, via the Internet.
SEC. 8. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Building code enforcement.--The term ``building code
enforcement'' means the enforcement of any code, adopted by a
State or local government, that regulates the construction of
buildings and facilities to mitigate hazards to life or
property. Such term includes building codes, electrical codes,
energy codes, fire codes, fuel gas codes, mechanical codes, and
plumbing codes.
(2) Building code enforcement department.--The term
``building code enforcement department'' means an inspection or
enforcement agency of a jurisdiction that is responsible for
conducting building code enforcement.
(3) Jurisdiction.--The term ``jurisdiction'' means a city,
county, parish, city and county authority, or city and parish
authority having local authority to enforce building codes and
regulations and to collect fees for building permits.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$20,000,000 for each of fiscal years 2010 through 2014 to the Secretary
of Housing and Urban Development to carry out the provisions of this
Act.
(b) Reservation.--From the amount made available under subsection
(a), the Secretary may reserve not more than 5 percent for
administrative costs.
(c) Availability.--Any funds appropriated pursuant to subsection
(a) shall remain available until expended.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Financial Services.
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