Livable Communities Act of 2011 - Establishes in the Department of Housing and Urban Development (HUD) an Office of Sustainable Housing and Communities (OSHC).
Requires the OSHC Director to establish a program to make comprehensive planning grants to eligible entities (partnerships between a consortium of units of general local government and an eligible partner or an Indian tribe that meets specified requirements). Defines "eligible partner" as a metropolitan planning organization, a rural planning organization, or a regional council, or one of these and a state, an Indian tribe, a state and an Indian tribe, or an institution of higher education.
Requires the use of a comprehensive planning grant to carry out a project to: (1) coordinate locally defined planning processes, across jurisdictions and agencies; (2) identify regional partnerships for developing and implementing a comprehensive regional plan; (3) conduct or update assessments to determine regional needs and promote economic and community development; (4) develop or update a comprehensive regional plan or goals and strategies to implement an existing comprehensive regional plan and other related activities; and (5) identify local zoning and other code changes necessary to implement a comprehensive regional plan and promote sustainable development.
Requires the use of a community challenge grant to: (1) promote integrated planning and investments across policy and governmental jurisdictions, and (2) implement projects identified in a comprehensive regional plan.
Authorizes the Secretary of HUD to make or guarantee (up to 75% of) loans to eligible governmental, corporate, or partnership borrowers for infrastructure development projects used to support transit-oriented development.
Requires the Director of the Office of Healthy Homes and Lead Hazard Control to lead the federal initiative to support healthy housing and eradicate housing-related health hazards.
Requires the Secretary to study how sustainable building features in housing, such as energy efficiency, affect: (1) the quality of the indoor environment, (2) the prevalence of housing-related health hazards, and (3) the health of such occupants.
States that no housing assisted using a grant under this Act may be made available to an individual who is not lawfully present in the United States.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3325 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3325
To create livable communities through coordinated public investment and
streamlined requirements, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 2, 2011
Mr. Perlmutter (for himself, Mr. Moran, Mr. Al Green of Texas, Ms.
Waters, Mr. Johnson of Georgia, Mrs. Capps, Mr. Sires, Mr. Blumenauer,
Mr. Larson of Connecticut, Mr. Cleaver, Mr. Filner, and Mr. Quigley)
introduced the following bill; which was referred to the Committee on
Financial Services, and in addition to the Committees on Transportation
and Infrastructure and Energy and Commerce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To create livable communities through coordinated public investment and
streamlined requirements, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Livable Communities Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) When rural, suburban, and urban communities plan
transportation, housing, and water infrastructure strategically
it is estimated that these communities could save nearly
$122,000,000,000 in infrastructure costs over the next 25
years.
(2) Key Federal programs are missing a vital opportunity to
boost economic growth at the local and regional level through
better coordination of housing, transportation, and related
infrastructure investments.
(3) Federal regulations and policies should support
community efforts to implement and sustain progress toward the
achievement of locally defined development goals, in terms of--
(A) geographic location and proximity to existing
resources; and
(B) maintaining structural and indoor environmental
quality and minimizing health hazards.
(4) Greater coordination of public investment will provide
direct support for immediate job creation and lay the
groundwork for long-term resilience and prosperity by
leveraging significant private sector and philanthropic
investment to make the most of Federal funding.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to strengthen rural, suburban, and urban economies by
enabling communities to establish goals for the future and to
chart a course for achieving such goals;
(2) to promote local leadership by encouraging communities
to develop innovative solutions that reflect the unique
economic assets and needs of the communities;
(3) to maximize returns on Federal funding of housing,
transportation, and other infrastructure projects through the
coordination of Federal grant programs, regulations, and
requirements, by reducing the number of duplicative Federal
programs and improving the efficiency and effectiveness of
programs and policies of the Department of Housing and Urban
Development, the Department of Transportation, the
Environmental Protection Agency, and other Federal agencies, as
appropriate; and
(4) to ensure that Federal funding supports locally defined
long range development goals.
SEC. 4. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Affordable housing.--The term ``affordable housing''
means housing, the cost of which does not exceed 30 percent of
the income of a family.
(2) Comprehensive regional plan.--The term ``comprehensive
regional plan'' means a plan that--
(A) uses a cooperative, locally controlled and
inclusive public engagement process to identify needs
and goals across a region and to integrate related
planning processes;
(B) prioritizes projects for implementation,
including healthy housing projects; and
(C) is tied to short-term capital improvement
programs and annual budgets.
(3) Department.--The term ``Department'' means the
Department of Housing and Urban Development.
(4) Director.--The term ``Director'' means the Director of
the Office of Sustainable Housing and Communities established
under section 5.
(5) Extremely low-income family.--The term ``extremely low-
income family'' means a family that has an income that does not
exceed--
(A) 30 percent of the median income in the area
where the family lives, as determined by the Secretary,
with appropriate adjustments for the size of the
family; or
(B) a percentage of the median income in the area
where the family lives, as determined by the Secretary
upon a finding by the Secretary that such percentage is
necessary due to unusually high or low family incomes
in the area where the family lives.
(6) 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.
(7) 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.
(8) 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).
(9) Livable community.--The term ``livable community''
means a metropolitan, urban, suburban, or rural community
that--
(A) provides safe, reliable, and accessible
transportation choices;
(B) provides long-term affordable, accessible,
energy-efficient, and location-efficient housing
choices for people of all ages, incomes, races, and
ethnicities;
(C) supports, revitalizes, and encourages the
growth of existing communities and maximizes the cost-
effectiveness of existing infrastructure;
(D) promotes economic development and economic
competitiveness;
(E) preserves the environment and natural
resources;
(F) protects agricultural land, rural land, and
green spaces; and
(G) supports public health and improves the quality
of life for residents of, and workers in, the
community.
(10) Location-efficient.--The term ``location-efficient''
characterizes mixed-use development or neighborhoods that
integrate housing, commercial development, and facilities and
amenities--
(A) to lower living expenses for working families;
(B) to enhance mobility;
(C) to encourage private investment in transit-
oriented development; and
(D) to encourage private sector infill development
and maximize the use of existing infrastructure.
(11) Low-income family.--The term ``low-income family'' has
the meaning given that term in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(12) Metropolitan planning organization.--The term
``metropolitan planning organization'' means a metropolitan
planning organization described in section 134(b) of title 23,
United States Code or section 5303(b) of title 49, United
States Code.
(13) Office.--The term ``Office'' means the Office of
Sustainable Housing and Communities established under section
5.
(14) Regional council.--The term ``regional council'' means
a multiservice regional organization with State and locally
defined boundaries that is--
(A) accountable to units of general local
government;
(B) delivers a variety of Federal, State, and local
programs; and
(C) performs planning functions and provides
professional and technical assistance.
(15) Rural planning organization.--The term ``rural
planning organization'' means a voluntary regional organization
of local elected officials and representatives of local
transportation systems that--
(A) works in cooperation with the department of
transportation (or equivalent entity) of a State to
plan transportation networks and advise officials of
the State on transportation planning; and
(B) is located in a rural area--
(i) with a population of not less than
5,000; and
(ii) that is not located in an area
represented by a metropolitan planning
organization.
(16) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(17) State.--The term ``State'' has the meaning given that
term by the Secretary, by rule.
(18) Transit-oriented development.--The term ``transit-
oriented development'' means high-density, walkable, location-
efficient, mixed-use development, including commercial
development, affordable housing, and market-rate housing, that
is within walking distance of and accessible to 1 or more
public transportation facilities.
(19) Unit of general local government.--The term ``unit of
general local government'' means--
(A) a city, county, town, township, parish,
village, or other general purpose political subdivision
of a State; or
(B) a combination of general purpose political
subdivisions, as determined by the Secretary.
(20) Unit of special purpose local government.--The term
``unit of special purpose local government''--
(A) means a division of a unit of general purpose
government that serves a special purpose and does not
provide a broad array of services; and
(B) includes an entity such as a school district, a
housing agency, a transit agency, and a parks and
recreation district.
(21) Very low-income family.--The term ``very low-income
family'' has the same meaning as in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)).
SEC. 5. OFFICE OF SUSTAINABLE HOUSING AND COMMUNITIES.
(a) Office Established.--There is established in the Department an
Office of Sustainable Housing and Communities, which shall--
(1) coordinate Federal policies that--
(A) encourage locally directed comprehensive and
integrated planning and development at the State,
regional, and local levels;
(B) encourage coordinated public investments
through the development of comprehensive regional
plans;
(C) 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
(D) achieve other goals consistent with the
purposes of this Act;
(2) review Federal programs and policies to determine
barriers to interagency collaboration and make recommendations
to promote the ability of local communities to access resources
in the Department and throughout the Federal Government and
coordinate with and conduct outreach to Federal agencies,
including the Department of Transportation and the
Environmental Protection Agency, on 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;
(3) conduct research and advise the Secretary on the
research agenda of the Department relating to coordinated
development, in collaboration with the Office of Policy
Development and Research of the Department;
(4) implement and oversee the grant programs established
under this Act by--
(A) developing the process and format for grant
applications for each grant program;
(B) promulgating regulations or guidance relating
to each grant program;
(C) selecting recipients of grants under each grant
program;
(D) creating performance measures for recipients of
grants under each grant program;
(E) developing technical assistance and other
guidance to assist recipients of grants and potential
applicants for grants under each grant program;
(F) monitoring and evaluating the performance of
recipients of grants under each grant program; and
(G) carrying out such other activities relating to
the administration of the grant programs under this Act
as the Secretary determines are necessary;
(5) provide guidance, information on best practices, and
technical assistance to communities seeking to adopt
sustainable development policies and practices;
(6) administer initiatives of the Department relating to
the policies described in paragraph (1), as determined by the
Secretary; and
(7) work with the Federal Transit Administration of the
Department of Transportation and other offices and
administrations of the Department of Transportation, as
appropriate--
(A) to encourage transit-oriented development; and
(B) to coordinate Federal housing, community
development, and transportation policies, including the
policies described in paragraph (1).
(b) Director.--The head of the Office shall be the Director of the
Office of Sustainable Housing and Communities.
(c) Duties Relating to Grant Programs.--
(1) In general.--The Director shall carry out the grant
programs established under this Act.
(2) Small and rural communities grants program.--The
Director shall coordinate with the Secretary of Agriculture to
make grants to small and rural communities under sections 7 and
8.
(3) Technical assistance for grant recipients and
applicants.--The Director may--
(A) coordinate with other Federal agencies to
establish interagency and multidisciplinary teams to
provide technical assistance to recipients of, and
prospective applicants for, grants under this Act;
(B) by Federal interagency agreement, transfer
funds to another Federal agency to facilitate and
support technical assistance; and
(C) make contracts with third parties to provide
technical assistance to grant recipients and
prospective applicants for grants.
SEC. 6. COMPREHENSIVE PLANNING GRANT PROGRAM.
(a) Definitions.--In this section--
(1) the term ``consortium of units of general local
governments'' means a consortium of geographically contiguous
units of general local government that the Secretary
determines--
(A) represents all or part of a metropolitan
statistical area, a micropolitan statistical area, or a
noncore area;
(B) has the authority under State, tribal, or local
law to carry out planning activities, including
surveys, land use studies, environmental or public
health analyses, and development of urban
revitalization plans; and
(C) has provided documentation to the Secretary
sufficient to demonstrate that the purpose of the
consortium is to carry out a project using a grant
awarded under this Act;
(2) the term ``eligible entity'' means--
(A) a partnership between a consortium of units of
general local government and an eligible partner; or
(B) an Indian tribe, if--
(i) the Indian tribe has--
(I) a tribal entity that performs
housing and land use planning
functions; and
(II) a tribal entity that performs
transportation and transportation
planning functions; and
(ii) the Secretary determines that the
isolated location and land expanse of the
Indian tribe require the Secretary to treat the
tribe as an eligible entity for purposes of
carrying out activities using a grant under
this section;
(3) the term ``eligible partner'' means--
(A) a metropolitan planning organization, a rural
planning organization, or a regional council; or
(B) a metropolitan planning organization, a rural
planning organization, or a regional council, and--
(i) a State;
(ii) an Indian tribe;
(iii) a State and an Indian tribe; or
(iv) an institution of higher education;
(4) the term ``grant program'' means the comprehensive
planning grant program established under subsection (b); and
(5) 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.
(b) Comprehensive Planning Grant Program Established.--The Director
shall establish a comprehensive planning grant program to make grants
to eligible entities to carry out a project--
(1) to coordinate locally defined planning processes,
across jurisdictions and agencies;
(2) to identify regional partnerships for developing and
implementing a comprehensive regional plan;
(3) to conduct or update assessments to determine regional
needs and promote economic and community development;
(4) to develop or update--
(A) a comprehensive regional plan; or
(B) goals and strategies to implement an existing
comprehensive regional plan and other related
activities; and
(5) to identify local zoning and other code changes
necessary to implement a comprehensive regional plan and
promote sustainable development.
(c) Grants.--
(1) Diversity of grantees.--The Director shall ensure
geographic diversity among and adequate representation from
each of the following categories:
(A) Small and rural communities.--Eligible entities
that represent all or part of a noncore area, a
micropolitan area, or a small metropolitan statistical
area with a population of not more than 200,000.
(B) Mid-sized metropolitan communities.--Eligible
entities that represent all or part of a metropolitan
statistical area with a population of more than 200,000
and not more than 500,000.
(C) Large metropolitan communities.--Eligible
entities that represent all or part of a metropolitan
statistical area with a population of more than
500,000.
(2) Award of funds to small and rural communities.--
(A) In general.--The Director shall--
(i) award not less than 15 percent of the
funds under the grant program to eligible
entities described in paragraph (1)(A); and
(ii) ensure diversity among the geographic
regions and the size of the population of the
communities served by recipients of grants that
are eligible entities described in paragraph
(1)(A).
(B) Insufficient applications.--If the Director
determines that insufficient approvable applications
have been submitted by eligible entities described in
paragraph (1)(A), the Director may award less than 15
percent of the funds under the grant program to
eligible entities described in paragraph (1)(A).
(3) Federal share.--
(A) In general.--Except as provided in subparagraph
(B), the Federal share of the cost of a project carried
out using a grant under the grant program may not
exceed 80 percent.
(B) Exceptions.--
(i) Small and rural communities.--In the
case of an eligible entity described in
paragraph (1)(A), the Federal share of the cost
of a project carried out using a grant under
the grant program may be 90 percent.
(ii) Indian tribes.--In the case of an
eligible entity that is an Indian tribe, the
Federal share of the cost of a project carried
out using a grant under the grant program may
be 100 percent.
(C) Non-federal share.--
(i) 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.
(ii) Other federal funding.--Federal
funding from sources other than the grant
program may not be used for the non-Federal
share of the cost of a project carried out
using a grant under the grant program.
(4) Availability of funds.--
(A) In general.--An eligible entity that receives a
grant under the grant program shall--
(i) obligate any funds received under the
grant program not later than 2 years after the
date on which the grant agreement under
subsection (g) is made; and
(ii) expend any funds received under the
grant program not later than 4 years after the
date on which the grant agreement under
subsection (g) is made.
(B) Unobligated amounts.--After the date described
in subparagraph (A)(i), the Secretary may award to
another eligible entity, to carry out activities under
this section, any amounts that an eligible entity has
not obligated under subparagraph (A)(i).
(d) Application.--
(1) In general.--An eligible entity that desires a grant
under this section shall submit to the Director an application,
at such time and in such manner as the Director shall
prescribe, that contains--
(A) a description of the project proposed to be
carried out by the eligible entity;
(B) a budget for the project that includes the
anticipated Federal share of the cost of the project
and a description of the source of the non-Federal
share;
(C) the designation of a lead agency or
organization, which may be the eligible entity, to
receive and manage any funds received by the eligible
entity under the grant program;
(D) a signed copy of a memorandum of understanding
among local jurisdictions, including, as appropriate, a
State, a tribe, units of general purpose local
government, units of special purpose local government,
metropolitan planning organizations, rural planning
organizations, and regional councils that
demonstrates--
(i) the creation of an eligible entity;
(ii) a description of the nature and extent
of planned collaboration between the eligible
entity and any partners of the eligible entity;
(iii) a commitment to develop a
comprehensive regional plan; and
(iv) a commitment to implement the plan
after the plan is developed;
(E) a certification that the eligible entity has--
(i) secured the participation, or made a
good-faith effort to secure the participation,
of transportation providers and public housing
agencies within the area affected by the
comprehensive regional plan and the entities
described in clause (ii); and
(ii) created, or will create not later than
1 year after the date of the grant award, a
regional advisory board to provide input and
feedback on the development of the
comprehensive regional plan that includes
representatives of a State, the metropolitan
planning organization, the rural planning
organization, the regional council, local
jurisdictions, non-profit organizations, and
others, as deemed appropriate by the eligible
entity, given the local context of the
comprehensive planning effort;
(F) a certification that the eligible entity has
solicited public comment on the contents of the project
description under subparagraph (A) that includes--
(i) a description of the process for
receiving public comment relating to the
proposal; and
(ii) such other information as the Director
may require;
(G) a description of how the eligible entity will
carry out the activities under subsection (f); and
(H) such additional information as the Director may
require.
(2) Indian tribes.--An eligible entity that is an Indian
tribe is not required to submit the certification under
paragraph (1)(E).
(e) Selection.--In evaluating an application for a grant under the
grant program, the Director shall consider the extent to which the
application--
(1) demonstrates the technical capacity of the eligible
entity to carry out the project;
(2) demonstrates the extent to which the consortium has
developed partnerships throughout an entire region, including,
as appropriate, partnerships with the entities described in
subsection (d)(1)(D);
(3) demonstrates integration with local efforts in economic
development and job creation;
(4) demonstrates a strategy for implementing a
comprehensive regional plan through regional infrastructure
investment plans and local land use plans;
(5) promotes diversity among the geographic regions and the
size of the population of the communities served by recipients
of grants under this section;
(6) demonstrates a commitment to seeking substantial public
input during the planning process and public participation in
the development of the comprehensive regional plan;
(7) demonstrates that a Federal grant is necessary to
accomplish the project proposed to be carried out;
(8) minimizes the Federal share necessary to carry out the
project and leverages State, local, or private resources;
(9) has a high quality overall; and
(10) demonstrates such other qualities as the Director may
determine.
(f) Eligible Activities.--An eligible entity that receives a grant
under this section shall carry out a project that includes 1 or more of
the following activities:
(1) Coordinating locally defined planning processes across
jurisdictions and agencies.
(2) Identifying potential regional partnerships for
developing and implementing a comprehensive regional plan.
(3) Conducting or updating assessments to determine
regional needs, including healthy housing, and promote economic
and community development.
(4) Developing or updating--
(A) a comprehensive regional plan; or
(B) goals and strategies to implement an existing
comprehensive regional plan.
(5) Implementing local zoning and other code changes
necessary to implement a comprehensive regional plan and
promote sustainable development.
(g) Grant Agreement.--Each eligible entity that receives a grant
under this section shall agree to establish, in coordination with the
Director, performance measures, reporting requirements, and any other
requirements that the Director determines are necessary, that must be
met at the end of each year in which the eligible entity receives funds
under the grant program.
(h) Public Outreach.--
(1) Outreach required.--Each eligible entity that receives
a grant under the grant program shall perform substantial
outreach activities--
(A) to engage a broad cross-section of community
stakeholders in the process of developing a
comprehensive regional plan, including low-income
families, minorities, older adults, and economically
disadvantaged community members; and
(B) to create an effective means for stakeholders
to participate in the development and implementation of
a comprehensive regional plan.
(2) Finalization of comprehensive regional plan.--
(A) In general.--An eligible entity that receives a
grant under the grant program may not finalize a
comprehensive regional plan before the eligible entity
holds a public hearing to obtain the views of citizens,
public agencies, and other interested parties.
(B) Availability of information.--Not later than 30
days before a hearing described in subparagraph (A), an
eligible entity shall make the proposed comprehensive
regional plan and all information relevant to the
hearing available to the public for inspection during
normal business hours.
(C) Notice.--Not later than 30 days before a
hearing described in subparagraph (A), an eligible
entity shall publish notice--
(i) of the hearing; and
(ii) that the information described in
subparagraph (B) is available.
(i) Violation of Grant Agreement or Failure To Comply With Public
Outreach Requirements.--If the Director determines that an eligible
entity has not met the performance measures established under
subsection (g), is not making reasonable progress toward meeting such
measures, is otherwise in violation of the grant agreement, or has not
complied with the public outreach requirements under subsection (h),
the Director may--
(1) withhold financial assistance until the requirements
under the grant agreement or under subsection (h), as
applicable, are met; or
(2) terminate the grant agreement.
(j) Report on the Comprehensive Planning Grant.--
(1) In general.--Not later than 90 days after the date on
which the grant agreement under subsection (g) expires, an
eligible entity that receives a grant under the grant program
shall submit a final report on the project to the Secretary.
(2) Contents of report.--The report shall include--
(A) a detailed explanation of the activities
undertaken using the grant, including an explanation of
the completed project and how it achieves specific
transit-oriented, transportation, housing, or
sustainable community goals within the region;
(B) a discussion of any obstacles encountered in
the planning process and how the eligible entity
overcame the obstacles;
(C) an evaluation of the success of the project
using the performance standards and measures
established under subsection (g), including an
evaluation of the planning process and how the project
contributes to carrying out the comprehensive regional
plan; and
(D) any other information the Director may require.
(3) Interim report.--The Director may require an eligible
entity to submit an interim report, before the date on which
the project for which the grant is awarded is completed.
(k) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to the Secretary for the award of grants under this section, to
remain available until expended--
(A) $100,000,000 for fiscal year 2012; and
(B) $125,000,000 for each of fiscal years 2013
through 2016.
(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)(3).
SEC. 7. COMMUNITY CHALLENGE GRANT PROGRAM.
(a) Definitions.--In this section--
(1) the terms ``consortium of units of general local
governments'', ``eligible entity'', and ``eligible partner''
have the same meaning as in section 6; and
(2) the term ``grant program'' means the community
challenge grant program established under subsection (b).
(b) Community Challenge Grant Program Established.--The Director
shall establish a community challenge grant program to make grants to
eligible entities to--
(1) promote integrated planning and investments across
policy and governmental jurisdictions; and
(2) implement projects identified in a comprehensive
regional plan.
(c) Grants.--
(1) Diversity of grantees.--The Director shall ensure
geographic diversity among and adequate representation from
eligible entities in each of the categories described in
section 6(c)(1).
(2) Terms and conditions.--Except as otherwise provided in
this section, a grant under the grant program shall be made on
the same terms and conditions as a grant under section 6.
(3) Expending funds.--An eligible entity that receives a
grant under the grant program shall 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.
(d) Application.--
(1) Contents.--An eligible entity that desires a grant
under the grant program shall submit to the Director an
application, at such time and in such manner as the Director
shall prescribe, that contains--
(A) a copy of the comprehensive regional plan,
whether developed as part of the comprehensive planning
grant program under section 6 or developed
independently;
(B) a description of the project or projects
proposed to be carried out using a grant under the
grant program;
(C) a description of any preliminary actions that
have been or must be taken at the local or regional
level to implement the project or projects under
subparagraph (B), including the revision of land use or
zoning policies;
(D) a signed copy of a memorandum of understanding
among local jurisdictions, including, as appropriate, a
State, units of general purpose local government, units
of special purpose local government, metropolitan
planning organizations, rural planning organizations,
and regional councils that demonstrates--
(i) the creation of a consortium of units
of general local government; and
(ii) a commitment to implement the
activities described in the comprehensive
regional plan;
(E) a certification that the eligible entity has
solicited public comment on the contents of the project
or projects described in subparagraph (B) that
includes--
(i) a certification that the eligible
entity made information about the project or
projects available and afforded citizens,
public agencies, and other interested parties a
reasonable opportunity to examine the content
of the project or projects and to submit
comments;
(ii) a description of the process for
receiving public comment, and a description of
the outreach efforts to affected populations
and stakeholders; and
(iii) a certification that the eligible
entity--
(I) held a public hearing to obtain
the views of citizens, public agencies,
and other interested parties;
(II) made the proposed project and
all information relevant to the hearing
available for inspection by the public
during normal business hours not less
than 30 days before the hearing under
subclause (I); and
(III) published a notice informing
the public of the hearing under
subclause (I) and the availability of
the information described in subclause
(II);
(F) a budget for the project that includes the
Federal share of the cost of the project or projects
requested and a description of the source of the non-
Federal share; and
(G) such additional information as the Director may
require.
(2) Indian tribes.--An eligible entity that is an Indian
tribe is not required to submit a memorandum of understanding
under paragraph (1)(D).
(e) Selection.--In evaluating an application for a grant under the
grant program, the Director shall consider the extent to which the
application--
(1) demonstrates the technical capacity of the eligible
entity to carry out the project;
(2) demonstrates the extent to which the eligible entity
has developed partnerships throughout an entire region,
including partnerships with units of special purpose local
government and transportation providers;
(3) demonstrates clear and meaningful interjurisdictional
cooperation and coordination of housing (including healthy
housing), transportation, and environmental policies and plans;
(4) demonstrates a commitment to implementing a
comprehensive regional plan and documents action taken or
planned to implement the plan;
(5) minimizes the Federal share necessary to carry out the
project and leverages a significant amount of State, local, or
private resources;
(6) 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;
(7) promotes diversity among the geographic regions and the
size of the population of the communities served by recipients
of grants under the grant program;
(8) demonstrates a commitment to substantial public input
throughout the implementation process;
(9) demonstrates that a Federal grant is necessary to
accomplish the project or projects proposed to be carried out;
(10) has a high quality overall; and
(11) demonstrates such other qualities as the Director may
determine.
(f) Grant Activities.--
(1) Planning activities.--An eligible entity that receives
a grant under the grant program may use not more than 10
percent of the grant for planning activities. Activities
related to the updating, reform, or development of a local
code, plan, or ordinance to implement projects contained in a
comprehensive regional plan shall not be considered planning
activities for the purposes of a grant under the grant program.
(2) Projects and investments.--An eligible entity that
receives a grant under the grant program shall carry out 1 or
more projects that are designed to achieve the goals identified
in a comprehensive regional plan.
(g) Grant Agreement.--Each eligible entity that receives a grant
under the grant program shall agree to establish, in coordination with
the Director, performance measures, reporting requirements, and any
other requirements that the Director determines are necessary, that
must be met at the end of each year in which the eligible entity
receives funds under the grant program.
(h) Violation of Grant Agreement.--If the Director determines that
an eligible entity has not met the performance measures established
under subsection (g), is not making reasonable progress toward meeting
such measures, or is otherwise in violation of the grant agreement, the
Director may--
(1) withhold financial assistance until the requirements
under the grant agreement are met; or
(2) terminate the grant agreement.
(i) Report on the Community Challenge Grant.--
(1) In general.--Not later than 90 days after the date on
which the grant agreement under subsection (g) expires, an
eligible entity that receives a grant under the grant program
shall submit a final report on the project to the Secretary.
(2) Contents of report.--The report shall include--
(A) a detailed explanation of the activities
undertaken using the grant, including an explanation of
the completed project and how it achieves specific
transit-oriented, transportation, housing, or
sustainable community goals within the region;
(B) a discussion of any obstacles encountered in
the planning and implementation process and how the
eligible entity overcame the obstacles;
(C) an evaluation of the success of the project
using the performance standards and measures
established under subsection (g), including an
evaluation of the planning and implementation process
and how the project contributes to carrying out the
comprehensive regional plan; and
(D) any other information the Director may require.
(3) Interim report.--The Director may require an eligible
entity to submit an interim report, before the date on which
the project for which the grant is awarded is completed.
(j) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to the Secretary for the award of grants under this section, to
remain available until expended--
(A) $30,000,000 for each of fiscal years 2012 and
2013;
(B) $35,000,000 for fiscal year 2014;
(C) $40,000,000 for fiscal year 2015; and
(D) $45,000,000 for fiscal year 2016.
SEC. 8. CREDIT FACILITY TO SUPPORT TRANSIT-ORIENTED DEVELOPMENT.
(a) Definitions.--In this section--
(1) Eligible applicant.--The term ``eligible applicant''
means a State or local government.
(2) Eligible area.--The term ``eligible area'' means the
area within \1/2\ mile of an existing or planned major transit
facility.
(3) Eligible borrower.--The term ``eligible borrower''
means--
(A) a governmental entity, authority, agency, or
instrumentality;
(B) a corporation, partnership, joint venture, or
trust on behalf of which an eligible applicant has
submitted an application under subsection (c); or
(C) any other legal entity undertaking an
infrastructure development project on behalf of which
an eligible applicant has submitted an application
under subsection (c).
(4) Major transit facility.--The term ``major transit
facility'' means--
(A) a fixed-guideway transit station;
(B) a high speed rail or intercity rail station;
(C) a transit hub connecting more than 3 local
transit lines; or
(D) a transit center located in an area other than
an urbanized area.
(5) Planned major transit facility.--The term ``planned
major transit facility'' means a major transit facility for
which appropriate environmental reviews have been completed and
for which funding for construction can be reasonably
anticipated.
(6) Project.--The term ``project'' means an infrastructure
project that is used to support a transit-oriented development
in an eligible area, including--
(A) property enhancement, including conducting
environmental remediation, park development, and open
space acquisition;
(B) improvement of mobility and parking, including
rehabilitating, or providing for additional, streets,
transit stations, structured parking, walkways, and
bikeways;
(C) utility development, including rehabilitating
existing, or providing for new drinking water,
wastewater, electric, and gas utilities; or
(D) community facilities, including child care
centers.
(b) Loan Program Established.--The Secretary may make or guarantee
loans under this section to eligible borrowers for projects.
(c) Application.--
(1) In general.--An eligible applicant may submit to the
Secretary an application for a loan or loan guarantee under
this section--
(A) to fund a project carried out by the eligible
applicant; or
(B) on behalf of an eligible borrower, to fund a
project carried out by the eligible borrower.
(d) Selection Criteria.--
(1) In general.--The Secretary may make a loan or loan
guarantee under this section for a project that--
(A) is part of a community-wide development plan,
as defined by the Secretary;
(B) promotes sustainable development; and
(C) ensures that not less than 15 percent of any
housing units constructed or substantially
rehabilitated as part of transit-oriented development
supported by the project are affordable over the long-
term to, and occupied at time of initial occupancy by--
(i) renters with incomes at or below 60
percent of the area median; or
(ii) homeowners with incomes at or below
100 percent of the area median.
(2) Considerations.--The Secretary shall select the
recipients of loans and loan guarantees under this section
based on the extent to which--
(A) the transit-oriented development supported by
the project will encourage increased use of transit;
(B) the transit-oriented development supported by
the project will create or preserve long-term
affordable housing units in addition to the housing
units required to be made available under paragraph
(1)(C) or will provide deeper affordability than
required under paragraph (1)(C);
(C) the project will facilitate and encourage
additional development or redevelopment in the overall
transit station area;
(D) the local government has adopted policies
that--
(i) promote long-term affordable housing;
and
(ii) allow high-density, mixed-use
development near transit stations;
(E) the transit-oriented development supported by
the project is part of a comprehensive regional plan;
(F) the eligible borrower has established a
reliable, dedicated revenue source to repay the loan;
(G) the project is not financially viable for the
eligible borrower without a loan or loan guarantee
under this section; and
(H) a loan or loan guarantee under this section
would be used in conjunction with non-Federal loans to
fund the project.
(e) Eligible Sources of Repayment.--A loan made or guaranteed under
this section shall be repayable, in whole or in part, from dedicated
revenue sources, which may include--
(1) user fees;
(2) property tax revenues;
(3) sales tax revenues;
(4) other revenue sources dedicated to the project by
property owners and businesses; and
(5) a bond or other indebtedness backed by one of the
revenue sources listed in this paragraph.
(f) Interest Rate.--The Secretary shall establish an interest rate
for loans made or guaranteed under this section with reference to a
benchmark interest rate (yield) on marketable Treasury securities with
a maturity that is similar to the loans made or guaranteed under this
section.
(g) Maximum Maturity.--The maturity of a loan made or guaranteed
under this section may not exceed the lesser of--
(1) 35 years; or
(2) 90 percent of the useful life of any project to be
financed by the loan, as determined by the Secretary.
(h) Maximum Loan Guarantee Rate.--
(1) In general.--The guarantee rate on a loan guaranteed
under this section may not exceed 75 percent of the amount of
the loan.
(2) Lower guarantee rate for low-risk borrowers.--The
Secretary shall establish a guarantee rate for loans to
eligible borrowers that the Secretary determines pose a lower
risk of default that is lower than the guarantee rate for loans
to other eligible borrowers.
(i) Fees.--The Secretary shall establish fees for loans made or
guaranteed under this section at a level that is sufficient to cover
all or part of the costs to the Federal Government of making or
guaranteeing a loan under this section.
(j) Nonsubordination.--A loan made or guaranteed under this section
may not be subordinated to the claims of any holder of an obligation
relating to the project in the event of bankruptcy, insolvency, or
liquidation.
(k) Commencement of Repayment.--The scheduled repayment of
principal or interest on a loan made or guaranteed under this section
shall commence not later than 5 years after the date of substantial
completion of the project.
(l) Repayment Deferral for Loans.--
(1) In general.--If, at any time after the date of
substantial completion of a project, the Secretary determines
that dedicated revenue sources of an eligible borrower are
insufficient to make the scheduled loan repayments of principal
and interest on a loan made or guaranteed under this section,
the Secretary may, subject to criteria established by the
Secretary, allow the eligible borrower to add unpaid principal
and interest to the outstanding balance of the loan.
(2) Treatment of deferred payments.--Any payment deferred
under this section shall--
(A) continue to accrue interest until fully repaid;
and
(B) be scheduled to be amortized over the remaining
term of the loan.
(m) Authorization of Appropriations.--There are authorized to be
appropriated for the cost of loans and loan guarantees under this
section $20,000,000 for each of fiscal years 2012 through 2016.
SEC. 9. HEALTHY HOMES.
(a) Federal Initiative To Support Healthy Housing and Eradicate
Housing-Related Health Hazards.--The Secretary, acting through the
Director of the Office of Healthy Homes and Lead Hazard Control and in
consultation with the Secretary of Energy, the Administrator of the
Environmental Protection Agency, the Secretary of Agriculture, the
Director of the National Institute of Standards and Technology, the
Director of the National Institute of Environmental Health Sciences,
and the Director of the Centers for Disease Control, shall lead the
Federal initiative to support healthy housing and eradicate housing-
related health hazards by--
(1) reviewing, monitoring, and evaluating Federal housing,
health, energy, and environmental programs and identifying
areas of overlap and duplication that could be improved;
(2) identifying best practices and model programs,
including practices and programs that link services for low-
income families and services for health hazards;
(3) identifying best practices for finance products,
building codes, and regulatory practices;
(4) researching training programs and work practices that
can accurately assess housing-related health hazards;
(5) promoting collaboration among Federal, State, local,
and tribal agencies and non-governmental organizations; and
(6) coordinating with all relevant Federal agencies.
(b) Assessment.--The Secretary shall conduct a collaborative,
interagency assessment of best practices for--
(1) coordinating activities relating to healthy housing;
(2) removing unnecessary barriers to interagency
coordination in Federal statutes and regulations; and
(3) creating incentives in programs of the Federal
Government to advance the complementary goals of improving
environmental health, energy conservation, and the availability
of housing.
(c) Study and Report on Sustainable Building Features and Indoor
Environmental Quality in Housing.--
(1) Study.--The Secretary, in consultation with the
Secretary of Energy, the Director of the National Institute of
Standards and Technology, the Director of the National
Institute of Environmental Health Sciences, the Director of the
Centers for Disease Control, and any other Federal agency that
the Secretary determines is appropriate, shall conduct a
detailed study of how sustainable building features in housing,
such as energy efficiency, affect--
(A) the quality of the indoor environment;
(B) the prevalence of housing-related health
hazards; and
(C) the health of occupants of the housing.
(2) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Appropriations of the Senate and the Committee on
Financial Services and the Committee on Appropriations of the
House of Representatives a report containing the results of the
study under paragraph (1).
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 10. INELIGIBILITY OF INDIVIDUALS WHO ARE NOT LAWFULLY PRESENT.
No housing assisted using a grant under this Act may be made
available to an individual who is not lawfully present in the United
States. Nothing in this Act may be construed to alter the restrictions
or definitions under section 214 of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Financial Services, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Financial Services, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Financial Services, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Highways and Transit.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Environment and the Economy.
Referred to the Subcommittee on Insurance, Housing and Community Opportunity.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Referred to the Subcommittee on Domestic Monetary Policy and Technology.