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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10351 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10351
To direct the Secretary of Housing and Urban Development, acting
through the Assistant Secretary for Policy Development and Research, to
publish guidelines and best practices for State zoning and local zoning
frameworks, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 11, 2024
Mr. Flood (for himself and Ms. Blunt Rochester) introduced the
following bill; which was referred to the Committee on Financial
Services
_______________________________________________________________________
A BILL
To direct the Secretary of Housing and Urban Development, acting
through the Assistant Secretary for Policy Development and Research, to
publish guidelines and best practices for State zoning and local zoning
frameworks, 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 ``Housing Supply and Innovation
Frameworks Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) As of 2021 in the United States, there was an estimated
housing shortage of 3,890,000 homes. This housing supply
shortage has resulted in a record number of cost-burdened
households across regions and spanning the large and small
cities, towns, and coastal and rural communities of the United
States.
(2) Several factors contribute to the undersupply of
housing in the United States, particularly workforce housing,
including rising costs of construction, a shortage of labor,
supply chain disruptions, and a lack of reliable funding
sources.
(3) Regulatory barriers at the State and local levels, such
as zoning and land use regulations, also inhibit the creation
of new housing to meet local and regional housing needs.
(4) State and local governments are proactively exploring
solutions for reforming regulatory barriers, but additional
resources, data, and models can help adequately address these
challenges.
(5) While land use regulation is the responsibility of
State and local governments, there is Federal support for
necessary reforms, and there is an opportunity for the Federal
Government to provide support and assistance to State and local
governments that wish to undertake necessary reforms in a
manner that fits their communities' needs.
(6) Therefore, zoning ordinances or systems of land use
regulation that have the intent or effect of restricting
housing opportunities based on economic status or income
without interests that are substantial, legitimate,
nondiscriminatory and that outweigh the regional need for
housing are contrary to the regional and national interest.
SEC. 3. DEFINITIONS.
In this Act:
(1) Affordable housing.--The term ``affordable housing''
means housing for which the monthly payment is not more than 30
percent of the monthly income of the household.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary for Policy Development and
Research of the Department of Housing and Urban Development.
(3) Framework-related terms.--
(A) Local zoning framework.--The term ``local
zoning framework'' means the local zoning codes and
other ordinances, procedures, and policies governing
zoning and land-use at the local level.
(B) State zoning framework.--The term ``State
zoning framework'' means the State legislation or State
agency and department procedures, or such legislation
or procedures in an insular area of the United States,
enabling local planning and zoning authorities and
establishing and guiding related policies and programs.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 4. GUIDELINES ON STATE AND LOCAL ZONING FRAMEWORKS.
(a) Establishment.--Not later than 3 years after the date of
enactment of this section, the Assistant Secretary shall publish
documents outlining guidelines and best practices to support production
of adequate housing to meet the needs of communities and provide
housing opportunities for individuals at every income level across
communities with respect to--
(1) State zoning frameworks; and
(2) local zoning frameworks.
(b) Consultation; Public Comment.--During the one-year period
beginning on the date of enactment of this section, in developing the
guidelines and best practices required under the previous subsection,
the Assistant Secretary shall--
(1) publish draft guidelines in the Federal Register for
public comment; and
(2) establish a task force for the purpose of providing
consultation to draft guidelines published under the previous
clause, the members of which shall include--
(A) planners and architects;
(B) advocates with experience in affordable
housing, community development efforts, and fair
housing;
(C) housing developers, including affordable and
market-rate housing developers, manufactured housing
developers, and other business interests;
(D) community engagement experts and community
members impacted by zoning decisions;
(E) public housing authorities and transit
authorities;
(F) members of local zoning and planning boards and
local and regional transportation planning
organizations;
(G) State officials responsible for housing or land
use, including members of State zoning boards of
appeals;
(H) academic researchers; and
(I) home builders.
(c) Contents.--The guidelines and best practices required under
subsection (a) shall--
(1) with respect to State zoning frameworks, outline
potential models for updated State enabling legislation or
State agency and department procedures;
(2) include recommendations regarding--
(A) the reduction or elimination of parking
minimums;
(B) the increase in maximum floor area ratio
requirements and maximum building heights and the
reduction in minimum lot sizes and set-back
requirements;
(C) the elimination of restrictions against
accessory dwelling units;
(D) increasing by-right uses, including duplex,
triplex, or quadplex buildings, across cities or
metropolitan areas, including mechanisms, such as
proximity to transit, to determine the jurisdictional
level for rezoning and ensures development that does
not disproportionately burden residents of economically
distressed areas;
(E) provisions regarding review of by-right
development proposals to streamline review and reduce
uncertainty, including--
(i) nondiscretionary, ministerial review;
and
(ii) entitlement and design review
processes;
(F) the reduction of obstacles to a range of
housing types at all levels of affordability, including
manufactured and modular housing;
(G) State model zoning regulations for directing
local reforms, including mechanisms to encourage
adoption;
(H) provisions to encourage transit-oriented
development, including increased permissible units per
structure and reduced minimum lot sizes near existing
or planned public transit stations;
(I) potential reforms to the public engagement
process, including--
(i) meaningful access for persons with
limited English proficiency and effective
communication improvements for persons with
disabilities;
(ii) leveraging of virtual meeting
technologies; and
(iii) proactive outreach in communities;
(J) reforms to protest petition statutes;
(K) the standardization, reduction, or elimination
of impact fees;
(L) cost effective and appropriate building codes;
(M) models for community benefit agreements;
(N) mechanisms to preserve affordability, limit
disruption of low-income communities, and prevent
displacement of existing residents;
(O) with respect to State zoning frameworks, a
model for a State zoning appeals process, which would--
(i) create a process for developers or
builders requesting a variance, conditional
use, or zoning district change or otherwise
petitioning a local zoning or planning board
for a project including a State-defined amount
of affordable housing to appeal a rejection to
a State body or regional body empowered by the
State;
(ii) establish qualifications for
communities to be exempted from the appeals
process based on their available stock of
affordable housing; and
(iii) establish a State zoning appeals
board to consider appeals to a variance
rejection and objectively evaluate petitions
based on the potential for environmental damage
and infrastructural capacity;
(P) with respect to State zoning frameworks, best
practices on the disposition of land owned by State
governments for affordable housing development;
(Q) with respect to local zoning frameworks--
(i) the simplification and standardization
of existing zoning codes;
(ii) maximum review timelines; and
(iii) best practices for the disposition of
land owned by local governments; and
(R) other land use measures that promote access to
new housing opportunities identified by the Secretary;
and
(3) consider--
(A) local housing needs, including ways to set and
measure housing goals and targets;
(B) a range of affordability for rental units, with
a prioritization of units attainable to extremely low-
income, low-income, and moderate-income residents;
(C) a range of affordability for homeownership
units attainable to low-income and moderate-income
residents;
(D) with respect to State zoning frameworks,
distinctions between States providing constitutional or
statutory home rule authority to municipalities and
States operating under the Dillon rule, as articulated
in Hunter v. Pittsburgh (207 U.S. 161 (1907));
(E) accountability measures;
(F) the long-term cost to residents and businesses
if more housing is not constructed;
(G) barriers to individuals seeking to access
affordable housing in growing communities and
communities with economic opportunity;
(H) consistency with respect to fair housing and
civil rights requirements;
(I) coordination between infrastructure investments
and housing planning;
(J) with respect to State zoning frameworks,
statewide mechanisms to preserve existing affordability
over the long term, including support for land banks
and community land trusts;
(K) with respect to State zoning frameworks,
guidance to States on collecting and maintaining
proactive data on the current rental housing market and
rental registries;
(L) public comments described in subsection (b)(1);
and
(M) other considerations as identified by the
Secretary.
SEC. 5. REPORTING.
Not later than 2 years after the date on which the Assistant
Secretary publishes the guidelines and best practices for State and
local zoning frameworks, the Assistant Secretary shall submit to
Congress a report describing--
(1) the States that have adopted a version of the
guidelines and best practices, including those that developed
and adopted a State zoning framework;
(2) the localities that have adopted a version of the
guidelines;
(3) a summary of the modifications that each State has made
in their State zoning framework; and
(4) a general summary of the types of updates localities
have made to their local zoning framework.
SEC. 6. ABOLISHMENT OF REGULATORY BARRIERS CLEARINGHOUSE.
(a) In General.--The Regulatory Barriers Clearinghouse established
pursuant to section 1205 of the Housing and Community Development Act
of 1992 (42 U.S.C. 12705d) is abolished.
(b) Repeal.--Section 1205 of the Housing and Community Development
Act of 1992 (42 U.S.C. 12705d) is repealed.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of Housing
and Urban Development $5,000,000 for each of fiscal years 2025 through
2029.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Financial Services.
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