Green Neighborhoods Act of 2021
This bill requires the Department of Housing and Urban Development (HUD) to establish incentives that encourage participants in HUD programs to increase energy efficiency in new and existing housing.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4155 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4155
To encourage energy efficiency, conservation, and development of
renewable energy sources for housing, and to create sustainable
communities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 24, 2021
Mr. Perlmutter (for himself, Mr. Casten, Mr. Blumenauer, and Mr.
Morelle) introduced the following bill; which was referred to the
Committee on Financial Services, and in addition to the Committee on
Education and Labor, 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 encourage energy efficiency, conservation, and development of
renewable energy sources for housing, and to create sustainable
communities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Green
Neighborhoods Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Implementation of energy efficiency participation incentives
for HUD programs.
Sec. 3. Basic HUD energy efficiency standards and standards for
additional credit.
Sec. 4. Enhanced energy appraisal.
Sec. 5. Energy-efficiency standards for manufactured housing.
Sec. 6. Making it green.
Sec. 7. Including sustainable development and transportation strategies
in comprehensive housing affordability
strategies.
Sec. 8. Grant program to increase sustainable low-income community
development capacity.
Sec. 9. Benchmarking.
Sec. 10. Grants for registered apprenticeship programs in certain
industries.
Sec. 11. Ensuring availability of homeowners insurance for homes not
connected to electricity grid.
Sec. 12. Definitions.
SEC. 2. IMPLEMENTATION OF ENERGY EFFICIENCY PARTICIPATION INCENTIVES
FOR HUD PROGRAMS.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Housing and Urban Development
shall issue such regulations as may be necessary to establish annual
energy efficiency participation incentives consistent with this Act to
encourage participants in HUD assistance and lending programs to
achieve substantial improvements in energy efficiency.
(b) Determination.--The Secretary shall determine the level of
participation incentives based on participants meeting the energy
efficiency standards under section 3.
(c) Requirement for Appropriation of Funds.--The requirement under
subsection (a) for the Secretary to provide annual energy efficiency
participation incentives pursuant to the provisions of this Act shall
be subject to the annual appropriation of necessary funds.
SEC. 3. BASIC HUD ENERGY EFFICIENCY STANDARDS AND STANDARDS FOR
ADDITIONAL CREDIT.
(a) Basic HUD Standard.--
(1) Residential structures.--A residential single-family or
multifamily structure shall be considered to comply with the
energy efficiency standards under this subsection if--
(A) the structure complies with the applicable
provisions of the American Society of Heating,
Refrigerating, and Air-Conditioning Engineers Standard
90.1-2019, as such standard or successor standard is in
effect for purposes of this section pursuant to
subsection (c);
(B) the structure complies with the applicable
provisions of the 2018 International Energy
Conservation Code, as such standard or successor
standard is in effect for purposes of this section
pursuant to subsection (c);
(C) in the case only of an existing structure,
where determined cost effective, the structure has
undergone rehabilitation or improvements, completed
after the date of the enactment of this Act, and the
energy consumption for the structure has been reduced
by at least 20 percent from the previous level of
consumption, as determined in accordance with energy
audits performed both before and after any
rehabilitation or improvements undertaken to reduce
such consumption; or
(D) the structure complies with the applicable
provisions of such other energy efficiency standards as
the Secretary may adopt and apply by regulation, as may
be necessary, for purposes of this section for specific
types of residential single-family or multifamily
structures or otherwise, except that the Secretary
shall make a determination regarding whether to adopt
and apply any such standards for purposes of this
section not later than the expiration of the 180-day
period beginning upon the date of receipt of any
written request, made in such form as the Secretary
shall provide, for such adoption and application.
In addition to compliance with any of subparagraphs (A) through
(D), the Secretary shall by regulation require, for any newly
constructed residential single-family or multifamily structure
to be considered to comply with the energy efficiency standards
under this subsection, that the structure have appropriate
electrical outlets with the facility and capacity to recharge a
standard electric passenger vehicle, including an electric
hybrid vehicle, where such vehicle would normally be parked.
(2) Nonresidential structures.--For purposes of this
section, the Secretary may identify and adopt by regulation, as
may be necessary, energy efficiency standards applicable to
nonresidential structures that are constructed or rehabilitated
with HUD assistance and lending programs. A nonresidential
structure shall be considered to comply with the energy
efficiency standards under this subsection if the structure
complies with the applicable provisions of any such energy
efficiency standards identified and adopted by the Secretary
pursuant to this paragraph, as such standards are in effect for
purposes of this section pursuant to subsection (c).
(3) Effect.--Nothing in this subsection may be construed to
require any structure to comply with any standard established
or adopted pursuant to this subsection, or identified in this
subsection, or to provide any benefit or credit under any
Federal program for any structure that complies with any such
standard, except to the extent that--
(A) any provision of law other than this subsection
provides a benefit or credit under a Federal program
for compliance with a standard established or adopted
pursuant to this subsection, or identified in this
subsection; or
(B) the Secretary specifically provides pursuant to
subsection (c) for the applicability of such standard.
(b) Enhanced Energy Efficiency Standards for Purposes of Providing
Additional Credit Under Certain Federally Assisted Housing Programs.--
(1) Purpose and effect.--
(A) Purpose.--The purpose of this subsection is to
establish energy efficiency and conservation standards
and green building standards that--
(i) provide for greater energy efficiency
and conservation in structures than is required
for compliance with the energy efficiency
standards under subsection (a) and then in
effect;
(ii) provide for green and sustainable
building standards not required by such
standards; and
(iii) can be used in connection with
Federal housing, housing finance, and
development programs to provide incentives for
greater energy efficiency and conservation and
for green and sustainable building methods,
elements, practices, and materials.
(B) Effect.--Nothing in this subsection may be
construed to require any structure to comply with any
standard established pursuant to this subsection or to
provide any benefit or credit under any Federal program
for any structure, except to the extent that any
provision of law other than this subsection provides a
benefit or credit under a Federal program for
compliance with a standard established pursuant to this
subsection.
(2) Compliance.--A residential or nonresidential structure
shall be considered to comply with the enhanced energy
efficiency and conservation standards or the green building
standards under this subsection, to the extent that such
structure is verified by a third party as compliant with, or
certified to, the applicable provisions of the standards under
paragraph (3) or (4), respectively (as such standards are in
effect for purposes of this section, pursuant to paragraph
(7)), in a manner that is not required for compliance with the
energy efficiency standards under subsection (a) then in effect
and subject to the Secretary's determination of which standards
are applicable to which structures.
(3) Energy efficiency and conservation standards.--The
energy efficiency and conservation standards under this
paragraph are as follows:
(A) Residential structures.--With respect to
residential structures:
(i) New construction.--For new
construction, the Energy Star for Homes
certification or Energy Star for Multifamily
New Construction certification standards
established by the Environmental Protection
Agency, as such standards are in effect for
purposes of this subsection pursuant to
paragraph (7).
(ii) Existing structures.--For existing
structures, a reduction in energy consumption
from the previous level of consumption for the
structure, as determined in accordance with
energy audits performed both before and after
any rehabilitation or improvements undertaken
to reduce such consumption by at least 30
percent or achievement of ENERGY STAR
certification.
(B) Nonresidential structures.--With respect to
nonresidential structures, such energy efficiency
standards for nonresidential structures as the
Secretary may identify and adopt by regulation, as may
be necessary, for purposes of this paragraph.
(4) Green building standards.--The green building standards
under this paragraph are the most recent adopted versions of
the following:
(A) The national Green Communities criteria
checklist for residential construction that provides
criteria for the design, development, and operation of
affordable housing, as such checklist or successor
checklist is in effect for purposes of this section
pursuant to paragraph (7).
(B) The LEED for New Construction rating system,
the LEED for Homes rating system, the LEED for Core and
Shell rating system, as applicable, as such systems or
successor systems are in effect for purposes of this
section pursuant to paragraph (7).
(C) The Green Globes assessment and rating system
of the Green Buildings Initiative.
(D) For manufactured housing, energy star rating
with respect to fixtures, appliances, and equipment in
such housing, as such standard or successor standard is
in effect for purposes of this section pursuant to
paragraph (7).
(E) The National Green Building Standard.
(F) Any other proven standards for green building
or sustainability as the Secretary may identify and
adopt by regulation, as may be necessary for purposes
of this paragraph, except that the Secretary shall make
a determination regarding whether to adopt and apply
any such standards for purposes of this section not
later than the expiration of the 180-day period
beginning upon date of receipt of any written request,
made in such form as the Secretary shall provide, for
such adoption and application.
(5) Green building.--For purposes of this subsection, the
term ``green building'' means, with respect to standards for
structures, standards to require use of sustainable design
principles to reduce the use of nonrenewable resources,
minimize the impact of development on the environment, and to
improve indoor air quality.
(6) Energy audits.--The Secretary shall establish standards
and requirements for energy audits for purposes of paragraph
(3)(A)(ii).
(7) Applicability and updating of standards.--
(A) Applicability.--Except as provided in
subparagraph (B), the standards referred to in this
subsection that are in effect for purposes of this
subsection are such standards as are in existence upon
the date of the enactment of this Act.
(B) Updating.--For purposes of this section, the
Secretary may adopt and apply by regulation, as may be
necessary, future amendments and supplements to, and
editions of, the standards referred to in this
subsection.
(c) Authority of Secretary To Apply Standards to Federally Assisted
Structures and Programs.--
(1) HUD housing and programs.--The Secretary of Housing and
Urban Development may, by regulation, provide for the
applicability of the energy efficiency standards under
subsection (a) or the enhanced energy efficiency and
conservation standards and green building standards under
subsection (b), or both, with respect to any covered federally
assisted structure described in paragraph (3)(A) or any HUD
assistance and lending programs.
(2) Rural housing.--The Secretary of Agriculture may, by
regulation, provide for the applicability of the energy
efficiency standards under subsection (a) or the enhanced
energy efficiency and conservation standards and green building
standards under subsection (b), or both, with respect to any
covered federally assisted structure described in paragraph
(3)(B) or any assistance provided with respect to rural housing
by the Rural Housing Service of the Department of Agriculture.
(3) Covered federally assisted structure.--For purposes of
this subsection, the term ``covered federally assisted
structure'' means--
(A) any residential or nonresidential structure
participating in a HUD assistance or lending program;
and
(B) any new construction of single-family housing
(other than manufactured homes) subject to mortgages
insured, guaranteed, or made by the Secretary of
Agriculture under title V of the Housing Act of 1949
(42 U.S.C. 1471 et seq.).
SEC. 4. ENHANCED ENERGY APPRAISAL.
(a) Definitions.--In this section:
(1) Advisory group.--The term ``advisory group'' means the
advisory group established under subsection (f)(2).
(2) Covered agency.--The term ``covered agency'' means--
(A) the Federal Housing Administration;
(B) includes each enterprise, as defined in section
1303 of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4502); and
(C) includes the Government National Mortgage
Association.
(3) Covered loan.--The term ``covered loan'' means a loan
secured by a home that is issued, insured, purchased, or
securitized by a covered agency.
(4) Energy report.--The term ``energy report'' means an
energy report that meets the requirements under subsection
(c)(3)(B).
(5) Hers.--The term ``HERS'' means the Home Energy Rating
System of the Residential Energy Service Network.
(6) Homeowner.--The term ``homeowner'' means the mortgagor
under a covered loan.
(7) Mortgagee.--The term ``mortgagee'' means a creditor as
defined in section 103 of the Truth in Lending Act (15 U.S.C.
1602).
(8) Qualified appraiser.--The term ``qualified appraiser''
means an appraiser with the requisite knowledge of energy
efficiency to perform a professional quality appraisal, as
evidenced by professional certification or development programs
on the valuation of sustainable properties of at least 14 hours
in length approved by the Secretary.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(b) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) energy costs for homeowners are a significant
and increasing portion of their household budgets;
(B) household energy use can vary substantially
depending on the efficiency and renewable energy
generation characteristics of a house;
(C) expected energy cost savings resulting from
efficiency measures and/or the generation of energy
from solar panels and/or other renewables are in many
cases important to the value of a house; and
(D) the ``loan-to-value'' ratio test for
originations of covered loans is tied to the appraisal
or other valuation of a property of a house, which
often does not adjust for the energy efficiency or
renewable energy generation features of a house.
(2) Purpose.--The purpose of this section is to--
(A) improve the credibility and reliability of
appraisals of houses subject to covered loans by
ensuring that the energy efficient and renewable energy
generation features and energy costs of those houses
are included in the appraisal analysis, which would
place value on energy efficient and renewable energy
features of a house and facilitate the creation of
energy efficiency retrofit, renewable installation, and
construction jobs; and
(B) require the Secretary to--
(i) develop consistent enhanced energy
appraisal protocols that recognize all
applicable approaches to the value of a house,
including the cost and income approaches to
value, in analyzing energy efficiency and
renewable energy features;
(ii) ensure that the guidelines described
in clause (i) prevent the double counting of
energy cost savings in the valuation of a
house;
(iii) support safe and sound lending; and
(iv) protect consumers.
(c) Enhanced Energy Appraisal Criteria.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with the
Federal Housing Finance Agency, the Bureau of Consumer
Financial Protection and the advisory group, shall develop and
issue guidelines for a covered agency to implement enhanced
energy appraisal protocols for properties that are subject to a
covered loan.
(2) Requirements to account for energy cost savings.--
(A) In general.--The enhanced energy appraisal
protocols under paragraph (1) shall require that, for
each property with a covered loan for which the
homeowner has voluntarily opted for an energy report,
the appraiser shall take into consideration the energy
efficiency and renewable energy features of a house and
resulting estimated energy cost savings and energy
generation expected for the owner of the subject
property as part of the appraisal process.
(B) Assessed energy costs.--The estimated energy
costs to be taken into consideration under subparagraph
(A) shall include the cost of electricity, natural gas,
oil, and any other fuel regularly used to supply energy
to the subject property.
(3) Determination of estimated energy cost savings.--
(A) In general.--The guidelines issued under
paragraph (1) shall include instructions for an
appraiser to calculate estimated energy cost savings
for a property using--
(i) an energy report documenting the energy
efficiency and renewable energy features of the
property;
(ii) an estimate of baseline average energy
costs for the property; and
(iii) additional sources of information
determined by the Secretary.
(B) Report requirements.--For purposes of
subparagraph (A), an energy report shall--
(i) estimate the expected energy cost
savings specific to the subject property, based
on specific information about the property;
(ii) estimate the expected energy generated
from installed renewable energy features;
(iii) be prepared in accordance with the
guidelines issued under paragraph (1); and
(iv) be prepared--
(I) in accordance with HERS by an
individual certified by the Residential
Energy Service Network, unless the
Secretary finds that the use of HERS
does not further the purposes of this
section;
(II) by the Department of Energy's
Home Energy Score; or
(III) by other methods approved by
the Secretary, in consultation with the
Secretary of Energy and the advisory
group, for use under this section,
which shall include a quality assurance
procedure approved by the Secretary, in
consultation with the Secretary of
Energy.
(C) Use by appraiser.--If an energy report is used
under paragraph (2), the energy report shall be
provided to the appraiser--
(i) to estimate the energy efficiency of
the subject property including the estimated
annual savings;
(ii) to estimate the energy generated by
renewables; and considered in developing
opinions and conclusions about any value
contribution for energy efficiency and
renewable energy generation.
(4) Required disclosure to consumer for a home with an
energy report.--If an energy report is used for an appraisal of
a property under paragraph (2), the guidelines issued under
paragraph (1) shall require the mortgagee of the property to--
(A) inform the homeowner and loan applicant of the
expected energy cost savings estimated in the energy
report and any associated appraisal adjustment, in a
manner and at a time as prescribed by the Secretary,
and, if practicable, in the documents delivered at the
time of the transfer of title; and
(B) include a copy of the energy report in the
appraisal report provided to the homeowner and loan
applicant.
(5) Required disclosure to consumer for a home without an
energy report.--If an energy report is not used under paragraph
(2), the guidelines to be issued under paragraph (1) shall
require the mortgagee to inform the loan applicant as part of
the Closing Disclosure--
(A) typical energy cost savings that would be
possible from a cost-effective energy upgrade of a home
of the size and in the region of the subject property;
(B) the impact the typical energy cost savings
would have on monthly ownership costs of a typical
home;
(C) the impact on the size of a mortgage that could
be obtained if the typical energy cost savings were
reflected in an energy efficiency report; and
(D) resources for improving the energy efficiency
of a home.
(6) Applicability and implementation date.--Not later than
the earlier of two years after the date of enactment of this
Act and December 31, 2023, the enhanced energy appraisal
requirements required under this subsection shall be
implemented by each covered agency to--
(A) apply to an appraisal for any covered loan for
the sale, or refinancing of any loan for the sale, of
any home;
(B) be available on any residential real property
(including individual units of condominiums and
cooperatives) that qualifies for a covered loan; and
(C) provide prospective appraisers with sufficient
guidance and applicable tools to implement the required
appraisal methods.
(d) Enhanced Energy Appraisal Protocols.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(A) in consultation with the advisory group,
develop and issue guidelines for enhanced energy
appraisal protocols for all covered loans made on
properties with an energy report;
(B) develop lender collateral valuation guidelines
on the use of all applicable approaches to value used
by appraisers in accordance with the Uniform Standards
of Professional Appraisal Practice to analyze market
reaction to energy efficiency and renewable energy
installation, including methods and techniques, which
shall include the cost and income approaches to value;
and
(C) in consultation with the Secretary of Energy,
issue guidelines for--
(i) a covered agency to determine the
estimated energy savings and energy generation
under paragraph (3) for properties with an
energy report; and
(ii) a qualified appraiser to use an energy
report to estimate the energy efficiency
rating, sales, and listing data to establish
market reaction to energy efficiency.
(2) Requirements.--The enhanced energy appraisal protocols
required under paragraph (1)(A) shall--
(A) include a requirement that if a homeowner
voluntarily opts for an energy report to be used in
valuing the home, then using methods to be established
under the guidelines issued under paragraph (1)--
(i) such report may be used by a qualified
appraiser to determine the estimated energy
savings of the subject property in comparison
to a baseline;
(ii) the value of estimated energy savings
and energy generation of the subject property
shall be added to the appraised value of the
subject property, unless the appraisal includes
the value of the overall energy efficiency and
renewable energy generation of the subject
property; and
(B) the cost and income approaches to value be
recognized as reasonable and appropriate approaches to
valuing the energy efficiency and renewable energy
features of a home; and
(C) prohibit restrictions of all applicable
approaches to value an energy efficient home.
(3) Determination of estimated energy savings and
generation.--
(A) Amount of energy savings.--For the purpose of
paragraph (2), the amount of estimated energy savings
of a subject property shall be determined by
calculating the difference between the estimated energy
costs from the energy report for the subject property
compared to the energy costs of comparable houses, as
determined in the guidelines issued under paragraph (1)
(B) Amount of energy generation.--For the purpose
of paragraph (2), the amount of estimated energy
generation of a subject property shall be determined by
calculating the amount of energy generated by the
home's energy-generating features over their useful
lifetime.
(C) Duration of energy savings and generation.--For
the purpose of paragraph (2), the duration of the
estimated energy savings and generation of a subject
property shall be based on the useful life of
applicable equipment, consistent with the rating system
used to produce the energy report.
(D) Present value of energy savings and
generation.--For the purpose of paragraph (2), the
present value of the estimated future energy savings
and/or generation of a subject property shall be
calculated using the average interest rate of
conventional 30 year mortgages unless the qualified
appraiser chooses to use the appropriate discount rate
for the market area, in the manner directed by
guidelines issued under paragraph (1).
(5) Transactions requiring state certified and competent
appraisers.--Section 1113 of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 3342) is
amended--
(A) in paragraph (1), by inserting before the
semicolon the following: ``, or any real property on
which the appraiser makes adjustments using an energy
report''; and
(B) in paragraph (2), by inserting after
``atypical'' the following: ``, or an appraisal on
which the appraiser makes adjustments using an energy
report.''.
(7) Protections.--The guidelines issued under paragraph (1)
shall include such limitations and conditions as determined by
the Secretary to be necessary to protect against meaningful
under or over valuation of energy cost savings or duplicative
counting of energy efficiency and renewable energy features or
energy cost savings and generation in the valuation of any
subject property that is used to determine a loan amount.
(8) Applicability and implementation date.--Not later than
the earlier of 2 years after the date of enactment of this Act
and December 31, 2023, each covered agency shall implement the
guidelines required under this subsection, which shall--
(A) apply to the appraisal of a property that is
subject to any covered loan for the sale, or
refinancing of any loan for the sale, of any home; and
(B) be available on any residential real property,
including individual units of condominiums and
cooperatives, that qualifies for a covered loan.
(e) Monitoring.--Not later than 1 year after the date on which the
enhanced appraisal protocols are implemented under this section, and
annually thereafter, each covered agency that issues a covered loan
shall issue and make available to the public a report that--
(1) enumerates the number of covered loans issued by the
agency during the previous year for which there was an energy
report and that used energy appraisal protocols established
under this section;
(2) includes the default rates and rates of foreclosures
for loans (including a breakdown of default and foreclosure
rates by geographic region, race, and self-identified gender)
made using the energy appraisal protocols established under
this section; and
(3) describes the risk premium, if any, that the agency has
priced into covered loans for which there was an appraisal that
included an energy report.
(f) Rulemaking.--
(1) In general.--The Secretary, in consultation with the
Secretary of Energy and the advisory group, shall prescribe
regulations to carry out this section, which may contain such
classifications, differentiations, or other provisions, and may
provide for such proper implementation and appropriate
treatment of different types of transactions, as the Secretary
determines are necessary or proper to effectuate the purposes
of this section, to prevent circumvention or evasion thereof,
or to facilitate compliance therewith.
(2) Advisory group.--To assist in carrying out this
section, the Secretary shall establish an advisory group,
consisting of professional associations and individuals
representing the interests of--
(A) mortgage lenders;
(B) appraisers;
(C) energy raters, residential energy consumption
experts, and residential retrofit experts;
(D) energy efficiency organizations;
(E) real estate agents;
(F) home builders and remodelers;
(G) State energy officials;
(H) low-income communities;
(I) consumers; and
(J) other individuals determined by the Secretary.
(g) Evaluation.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in consultation with the
advisory group, shall reevaluate the effectiveness of the
energy appraisal protocols established under this section to
ensure that the cost savings of energy efficient and renewable
energy features are properly valued in residential real estate
appraisals.
(2) Recommendations.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the advisory group shall
provide recommendations to the Secretary on any
revisions or additions to the enhanced energy appraisal
protocols and guidelines established under subsections
(c) and (d) determined necessary by the group, which
may include alternate methods to better account for
home energy costs and additional factors to account for
substantial and regular costs of homeownership, such as
water costs, the storage of energy through batteries,
indoor air quality, and transportation costs stemming
from the home's location.
(B) Legislative recommendations.--The Secretary
shall forward any legislative recommendations received
from the advisory group under subparagraph (A) to
Congress for consideration.
SEC. 5. ENERGY-EFFICIENCY STANDARDS FOR MANUFACTURED HOUSING.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall, in consultation with the Secretary of Energy
and upon review of the recommendations made by the Manufactured Housing
Consensus Committee, update the Manufactured Home Construction and
Safety Standards to encourage energy efficiency while maintaining
affordability for manufactured housing.
SEC. 6. MAKING IT GREEN.
(a) Partnerships With Tree-Planting Organizations.--The Secretary
shall establish and provide incentives for developers of housing for
which any HUD financial assistance, as determined by the Secretary, is
provided for development, maintenance, operation, or other costs, to
enter into agreements and partnerships with tree-planting
organizations, nurseries, and landscapers to certify that trees,
shrubs, grasses, and other plants are planted in the proper manner, are
provided adequate maintenance, and survive for at least 3 years after
planting or are replaced. The financial assistance determined by the
Secretary as eligible under this section shall take into consideration
such factors as cost effectiveness and affordability.
(b) Making It Green Plan.--In the case of any new or substantially
rehabilitated housing for which HUD financial assistance, as determined
in accordance with subsection (a), is provided by the Secretary for the
development, construction, maintenance, rehabilitation, reconstruction,
improvement, operation, or costs of the housing, including financial
assistance provided through the Community Development Block Grant
program under title I of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.), the Secretary shall require the
development of a plan that provides for--
(1) in the case of new construction and improvements,
siting of such housing and improvements in a manner that
provides for energy efficiency and conservation to the extent
feasible, taking into consideration location and project type;
(2) minimization of the effects of construction,
rehabilitation, or other development on the condition of
existing trees;
(3) selection and installation of indigenous trees, shrubs,
grasses, and other plants based upon applicable design
guidelines and standards of the International Society for
Arboriculture;
(4) post-planting care and maintenance of the landscaping
relating to or affected by the housing in accordance with best
management practices; and
(5) establishment of a goal for minimum greenspace or tree
canopy cover for the housing site for which such financial
assistance is provided, including guidelines and timetables
within which to achieve compliance with such minimum
requirements.
(c) Partnerships.--In carrying out this section, the Secretary is
encouraged to consult, as appropriate, with national organizations
dedicated to providing housing assistance and related services to low-
income families, such as the Alliance for Community Trees and its
affiliates, the American Nursery and Landscape Association, the
American Society of Landscape Architects, and the National Arbor Day
Foundation.
SEC. 7. INCLUDING SUSTAINABLE DEVELOPMENT AND TRANSPORTATION STRATEGIES
IN COMPREHENSIVE HOUSING AFFORDABILITY STRATEGIES.
Section 105(b) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12705(b)) is amended--
(1) by striking ``and'' at the end of paragraph (19);
(2) by striking the period at the end of paragraph (20) and
inserting ``; and'';
(3) and by inserting after paragraph (20) the following new
paragraphs:
``(21) describe the jurisdiction's strategies to encourage
sustainable development for affordable housing, including
single-family and multifamily housing, as measured by--
``(A) greater energy efficiency and use of
renewable energy sources, including any strategies
regarding compliance with the energy efficiency
standards under section 3(a) of the Green Neighborhoods
Act of 2020 and with the enhanced energy efficiency and
conservation standards, and the green building
standards, under section 3(b) of such Act;
``(B) increased conservation, recycling, and reuse
of resources;
``(C) more effective use of existing
infrastructure;
``(D) use of building materials and methods that
are healthier for residents of the housing, including
use of building materials that are free of added known
carcinogens that are classified as Group 1 Known
Carcinogens by the International Agency for Research on
Cancer; and
``(E) such other criteria as the Secretary
determines, in consultation with the Secretary of
Energy, the Secretary of Agriculture, and the
Administrator of the Environmental Protection Agency,
are in accordance with the purposes of this paragraph;
and
``(22) describe the jurisdiction's efforts to coordinate
its housing strategy with its transportation planning
strategies to ensure to the extent practicable that residents
of affordable housing have access to public transportation.''.
SEC. 8. GRANT PROGRAM TO INCREASE SUSTAINABLE LOW-INCOME COMMUNITY
DEVELOPMENT CAPACITY.
(a) In General.--The Secretary may make grants to nonprofit
organizations to use for any of the following purposes:
(1) Training, educating, supporting, or advising an
eligible community development organization or qualified youth
service and conservation corps in improving energy efficiency,
resource conservation and reuse, design strategies to maximize
energy efficiency, installing or constructing renewable energy
improvements (such as wind, wave, solar, biomass, and
geothermal energy sources), and effective use of existing
infrastructure in affordable housing and economic development
activities in low-income communities, taking into consideration
energy efficiency standards under section 3(a) of this Act and
with the enhanced energy efficiency and conservation standards,
and the green building standards, under section 3(b) of this
Act.
(2) Providing loans, grants, or predevelopment assistance
to eligible community development organizations or qualified
youth service and conservation corps to carry out energy
efficiency improvements that comply with the energy efficiency
standards under section 3(a) of this Act, resource conservation
and reuse, and effective use of existing infrastructure in
affordable housing and economic development activities in low-
income communities. In providing assistance under this
paragraph, the Secretary shall give more preference to
activities based on the extent to which the activities will
result in compliance with the enhanced energy efficiency and
conservation standards, and the green building standards, under
section 3(b) of this Act.
(3) Such other purposes as the Secretary determines are in
accordance with the purposes of this subsection.
(b) Application Requirement.--To be eligible for a grant under this
section, a nonprofit organization shall prepare and submit to the
Secretary an application at such time, in such manner, and containing
such information as the Secretary may require.
(c) Award of Contracts.--Contracts for architectural or engineering
services funded with amounts from grants made under this section shall
be awarded in accordance with chapter 11 of title 40, United States
Code (relating to selection of architects and engineers).
(d) Matching Requirement.--A grant made under this section may not
exceed the amount that the nonprofit organization receiving the grant
certifies, to the Secretary, will be provided (in cash or in-kind) from
nongovernmental sources to carry out the purposes for which the grant
is made.
(e) Environmental Review.--For purposes of environmental review,
pursuant to the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and other provisions of law that further the purposes of
such Act, a grant under this section shall be considered to be funds
for a special project for purposes of section 305(c) of the Multifamily
Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547(c)).
(f) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Nonprofit organization.--The term ``nonprofit
organization'' has the meaning given such term in section 104
of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12704).
(2) Eligible community development organization.--The term
``eligible community development organization'' means--
(A) a unit of general local government (as defined
in section 104 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12704));
(B) a community housing development organization
(as defined in section 104 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12704));
(C) an Indian tribe or tribally designated housing
entity (as such terms are defined in section 4 of the
Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103)); or
(D) a public housing agency, as such term is
defined in section 3(b) of the United States Housing
Act of 1937 (42 U.S.C. 1437(b)).
(3) Low-income community.--The term ``low-income
community'' means a census tract in which 50 percent or more of
the households have an income which is less than 80 percent of
the greater of--
(A) the median gross income for such year for the
area in which such census tract is located; or
(B) the median gross income for such year for the
State in which such census tract is located.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $20,000,000 for
each of fiscal years 2021 through 2025.
SEC. 9. BENCHMARKING.
(a) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(2) HUD-assisted property.--The term ``HUD-assisted
property'' means a property assisted by any of the following
programs:
(A) The program under section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q) for supportive housing
for the elderly.
(B) The program under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
8013) for supportive housing for persons with
disabilities.
(C) Any program under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) for rental
assistance for low-income families.
(D) Any program for mortgage insurance for single-
family housing under title II of the National Housing
Act (12 U.S.C. 1707 et seq.).
(E) The programs under sections 220, 221(d)(4),
223(a)(7), 223(f), 232, and 241(a) of the National
Housing Act (12 U.S.C. 1715k, 1715l(d)(4), 1715n(a)(7),
1715n(f), 1715w, 1715z-6(a)).
(F) The programs under subsections (b) and (c) of
section 542 of the Housing and Community Development
Act of 1992 (12 U.S.C. 1707 note).
(3) Benchmarked hud-assisted property.--The term
``benchmarked HUD-assisted property'' means a HUD-assisted
property with respect to which energy and water benchmarking
data is required by a State or local authority to be reported
through the ENERGY STAR Portfolio Manager.
(4) Climate zone.--The term ``Climate Zone'' means a region
of the United States as defined by the Environmental Protection
Agency under the ENERGY STAR program or the Office of Energy
Efficiency and Renewable Energy of the Department of Energy.
(b) Benchmarking Report.--
(1) In general.--Not later than the expiration of the 1-
year period beginning on the date of the enactment of this Act,
the Secretary shall submit to the Committee on Financial
Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate, a report
that includes--
(A) an assessment of the current state of energy
and water use benchmarking in the multifamily property
sector;
(B) data identifying the number and square footage
of multifamily properties that are required by State or
local authorities to report benchmarking data, the
proportion that are HUD-assisted properties, and the
proportion of all HUD-assisted properties that are
subject to such requirements;
(C) data identifying multifamily properties that
participate in each building standard in the HUD Green
Mortgage Insurance Premium program, including the
number and square footage of participating properties
and the proportion of eligible properties
participating;
(D) data identifying multifamily properties that
participate in the HUD Better Buildings Challenge,
including the number and square footage of
participating properties;
(E) estimates of the extent of HUD-assisted
properties that are not conducting energy and water
benchmarking;
(F) estimates of potential energy and Federal cost
savings if various levels of efficiency were
implemented in HUD-assisted properties;
(G) information identifying the typical costs of
multifamily benchmarking and resources available to
support multifamily owners and operators in
benchmarking; and
(H) information relevant to the impact of
multifamily benchmarking, including published research
studies.
(2) Public availability.--The Secretary shall make the
report publicly available on the website of HUD.
(c) Provision of Existing Benchmarking Data.--
(1) Policies.--Not later than the expiration of the 6-month
period beginning on the date of the enactment of this Act, the
Secretary shall issue such regulations as may be necessary to
ensure that owners of benchmarked HUD-assisted properties
provide to the Secretary-selected ENERGY STAR Portfolio Manager
data for the property. In developing such regulations, the
Secretary shall--
(A) provide for data to be released in a manner
that protects information that identifies particular
properties, but retains essential geographical and
building characteristics to enable aggregate analysis;
(B) require data sharing not less often than every
three years;
(C) identifies the minimum data to be shared; and
(D) develop mechanisms to streamline data requests
and sharing in collaboration with the Environmental
Protection Agency ENERGY STAR program.
(2) Analysis.--Not later than the expiration of the 2-year
period beginning on the date of the enactment of this Act and
annually thereafter, the Secretary shall conduct an analysis of
the data received under this subsection and shall make the
findings publicly available on the website of HUD.
(d) Energy Use Targets by Climate Zone.--
(1) In general.--Not later than 1 year after the enactment
of this Act, the Secretary, , in consultation with the
Secretary of Energy, shall--
(A) compile energy consumption and bill data from
multifamily properties that is provided to HUD in
connection with utility allowance determination and
capital needs assessment activities;
(B) analyze the data in order to better understand
energy consumption patterns and trends throughout the
portfolio of properties represented, including relevant
subcategory types of multifamily properties;
(C) using the data from subparagraphs (A) and (B),
develop energy intensity statistics for each climate
zone and multifamily subcategory; and
(D) using the data from subparagraphs (A) and (B),
develop energy intensity targets for each climate zone
and multifamily subcategory reflecting energy
efficiency performance of at least 25 percent below the
baseline and related to ENERGY STAR performance scores
for each respective climate zone and multifamily
subcategory.
(2) Public availability.--The Secretary shall make the
analysis and energy intensity targets publicly available on the
website of HUD.
(e) Multifamily Utility Benchmarking Toolkit.--The Secretary shall
maintain and update, from time to time, the Multifamily Utility
Benchmarking Toolkit.
(f) Stakeholder Engagement.--In carrying out this section, the
Secretary shall--
(1) engage with stakeholders regarding multifamily
sustainability, including providing education and opportunities
for robust stakeholder input; and
(2) conduct targeted outreach to representatives of public
housing agencies, housing and tenant advocates, multifamily
property owners and managers, energy efficiency organizations,
architects, State and local governments, multifamily finance
entities, and other interested groups.
SEC. 10. GRANTS FOR REGISTERED APPRENTICESHIP PROGRAMS IN CERTAIN
INDUSTRIES.
(a) In General.--The Secretary of Labor shall provide grants to
registered apprenticeship programs or pre-apprenticeship programs to
expand apprenticeship programs in the following industries:
(1) Energy-efficient building, construction, and retrofit
industries.
(2) Deconstruction and materials use industries.
(3) Energy efficiency assessment industry serving
residential, commercial, or industrial sectors.
(4) Manufacturers that produce sustainable processes and
materials.
(5) Building maintenance and management.
(6) Benchmarking greenhouse gas emissions from buildings.
(7) Ground source heating retrofits.
(8) Air source heat pump installation and maintenance.
(9) Carbon capture and conveyance to processing facilities.
(b) Priority for Targeted Communities.--In providing grants under
the program established under subsection (a), the Secretary of Labor
shall give priority to eligible entities that recruit employees--
(1) from the communities it serves; and
(2) who are minorities, women, individuals who are or were
foster children, individuals who are transitioning from fossil
energy sector jobs, or veterans.
(c) Authorization.--There is authorized to be appropriated to carry
out this section $100,000,000 for each of fiscal years 2021 through
2025.
(d) GAO Study.--No later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report detailing the barriers the residential energy efficiency
sector experiences in workforce training and access to skilled workers.
The study shall address each of the following:
(1) The financial barriers the residential energy
efficiency sector faces in training new employees.
(2) The financial barriers the residential energy
efficiency sector faces in investing in existing employees to
advance their skills.
(3) An assessment of the available local, State, and
Federal investments in residential energy efficiency workforce
training programs, including partnerships with Registered
Apprenticeship Programs and any regional differences.
(4) An assessment of any gaps between available local,
State, and Federal investments in residential energy efficiency
workforce training and the demand from small residential energy
efficiency businesses.
(5) Recommendations for how to improve Federal programs to
support skilled workers in the residential energy efficiency
sector.
SEC. 11. ENSURING AVAILABILITY OF HOMEOWNERS INSURANCE FOR HOMES NOT
CONNECTED TO ELECTRICITY GRID.
(a) Congressional Intent.--The Congress intends that--
(1) consumers shall not be denied homeowners insurance for
a dwelling (as such term is defined in subsection (c)) based
solely on the fact that the dwelling is not connected to or
able to receive electricity service from any wholesale or
retail electric power provider;
(2) States should ensure that consumers are able to obtain
homeowners insurance for such dwellings;
(3) States should support insurers that develop voluntary
incentives to provide such insurance; and
(4) States may not prohibit insurers from offering a
homeowners insurance product specifically designed for such
dwellings.
(b) Insuring Homes and Related Property in Indian Areas.--
Notwithstanding any other provision of law, dwellings located in Indian
areas (as such term is defined in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103))
and constructed or maintained using assistance, loan guarantees, or
other authority under the Native American Housing Assistance and Self-
Determination Act of 1996 may be insured by any tribally owned self-
insurance risk pool approved by the Secretary of Housing and Urban
Development.
(c) Dwelling Defined.--For purposes of this section, the term
``dwelling'' means a residential structure that--
(1) consists of one to four dwelling units;
(2) is provided electricity from renewable energy sources;
and
(3) is not connected to any wholesale or retail electrical
power grid.
SEC. 12. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Green building standards.--The term ``green building
standards'' means standards to require use of sustainable
design principles to reduce the use of nonrenewable resources,
encourage energy-efficient construction and rehabilitation and
the use of renewable energy resources, minimize the impact of
development on the environment, and improve indoor air quality.
(2) HUD.--The term ``HUD'' means the Department of Housing
and Urban Development.
(3) HUD assistance or lending program.--The term ``HUD
assistance or lending program'' means a program of the
Department of Housing and Urban Development for financial
assistance that is awarded, competitively or noncompetitively,
allocated by formula, or provided by HUD through loan insurance
or guarantee.
(4) Nonresidential structure.--The term ``nonresidential
structures'' means only nonresidential structures that are
appurtenant to single-family or multifamily housing residential
structures, or those that are funded by the Secretary of
Housing and Urban Development through the HUD Community
Development Block Grant program.
(5) Secretary.--The term ``Secretary'', unless otherwise
specified, means the Secretary of Housing and Urban
Development.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Financial Services, and in addition to the Committee on Education and Labor, 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 Committee on Education and Labor, 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.
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