I 

111TH CONGRESS 

1ST SESSION H. R. 2336 

To encourage energy efficiency and conservation and development of renewable 

energy sources for housing, commercial structures, and other buildings, 

and to create sustainable communities. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2009 

Mr. PERLMUTTER (for himself, Mrs. BIGGERT, Mr. BLUMENAUER, Mr. 

ELLISON, Mr. FRANK of Massachusetts, Mr. GUTIERREZ, Mr. HODES, 

Mr. ISRAEL, Mr. MARKEY of Massachusetts, Mrs. MCCARTHY of New 

York, Mr. MCNERNEY, Mr. SHERMAN, Mr. SIRES, Ms. TSONGAS, and 

Mr. HIMES) introduced the following bill; which was referred to the Committee on Financial Services 

A BILL 

To encourage energy efficiency and conservation and development of renewable energy sources for housing, commercial structures, and other buildings, and to create sustainable communities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Green Resources for Energy Efficient Neighborhoods Act 

6 of 2009’’ or the ‘‘GREEN Act of 2009’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Definitions. 

Sec. 3. Implementation of energy efficiency participation incentives for HUD 

programs. 

Sec. 4. Basic HUD energy efficiency standards and standards for additional 

credit. 

Sec. 5. Energy efficiency and conservation demonstration program for multifamily housing projects assisted with project-based rental assistance. 

Sec. 6. Additional credit for Fannie Mae and Freddie Mac housing goals for 

energy-efficient and location-efficient mortgages. 

Sec. 7. Duty to serve underserved markets for energy-efficient and location-efficient mortgages. 

Sec. 8. Consideration of energy efficiency under FHA mortgage insurance programs and Native American and Native Hawaiian loan guarantee programs. 

Sec. 9. Energy-efficient mortgages and location-efficient mortgages education 

and outreach campaign. 

Sec. 10. Collection of information on energy-efficient and location-efficient 

mortgages through Home Mortgage Disclosure Act. 

Sec. 11. Ensuring availability of homeowners insurance for homes not connected to electricity grid. 

Sec. 12. Mortgage incentives for energy-efficient multifamily housing. 

Sec. 13. Energy-efficient certifications for manufactured housing with mortgages. 

Sec. 14. Assisted housing energy loan pilot program. 

Sec. 15. Making it green. 

Sec. 16. Residential energy efficiency block grant program. 

Sec. 17. Including sustainable development and transportation strategies in 

comprehensive housing affordability strategies. 

Sec. 18. Grant program to increase sustainable low-income community development capacity. 

Sec. 19. HOPE VI green developments requirement. 

Sec. 20. Consideration of energy efficiency improvements in appraisals. 

Sec. 21. Housing Assistance Council. 

Sec. 22. Rural housing and economic development assistance. 

Sec. 23. Revolving fund for loans to States and Indian tribes to carry out renewable energy sources activities. 

Sec. 24. Green banking centers. 

Sec. 25. GAO reports on availability of affordable mortgages. 

Sec. 26. Public housing energy cost report. 

Sec. 27. Insurance coverage for loans for financing of renewable energy systems 

leased for residential use. 

Sec. 28. Green guarantees. 

3 SEC. 2. DEFINITIONS. 

4 For purposes of this Act, the following definitions 

5 shall apply: 


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1 (1) GREEN BUILDING STANDARDS.—The term 

2 ‘‘green building standards’’ means standards to re3 quire use of sustainable design principles to reduce 

4 the use of nonrenewable resources, encourage en5 ergy-efficient construction and rehabilitation and the 

6 use of renewable energy resources, minimize the im7 pact of development on the environment, and im8 prove indoor air quality. 

9 (2) HUD.—The term ‘‘HUD’’ means the De10 partment of Housing and Urban Development. 

11 (3) HUD ASSISTANCE.—The term ‘‘HUD as12 sistance’’ means financial assistance that is awarded, 

13 competitively or noncompetitively, allocated by for14 mula, or provided by HUD through loan insurance 

15 or guarantee. 

16 (4) NONRESIDENTIAL STRUCTURE.—The term 

17 ‘‘nonresidential structures’’ means only nonresiden18 tial structures that are appurtenant to single-family 

19 or multifamily housing residential structures, or 

20 those that are funded by the Secretary of Housing 

21 and Urban Development through the HUD Commu22 nity Development Block Grant program. 

23 (5) SECRETARY.—The term ‘‘Secretary’’, unless 

24 otherwise specified, means the Secretary of Housing 

25 and Urban Development. 


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1 SEC. 3. IMPLEMENTATION OF ENERGY EFFICIENCY PAR2 TICIPATION INCENTIVES FOR HUD PRO3 GRAMS. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of the enactment of this Act, the Secretary shall issue 

6 such regulations as may be necessary to establish annual 

7 energy efficiency participation incentives to encourage par8 ticipants in programs administered by the Secretary, in9 cluding recipients under programs for which HUD assist10 ance is provided, to achieve substantial improvements in 

11 energy efficiency. 

12 (b) REQUIREMENT FOR APPROPRIATION OF

13 FUNDS.—The requirement under subsection (a) for the 

14 Secretary to provide annual energy efficiency participation 

15 incentives pursuant to the provisions of this Act shall be 

16 subject to the annual appropriation of necessary funds. 

17 SEC. 4. BASIC HUD ENERGY EFFICIENCY STANDARDS AND 

18 STANDARDS FOR ADDITIONAL CREDIT. 

19 (a) BASIC HUD STANDARD.— 

20 (1) RESIDENTIAL STRUCTURES.—A residential 

21 single-family or multifamily structure shall be con22 sidered to comply with the energy efficiency stand23 ards under this subsection if— 

24 (A) the structure complies with the appli25 cable provisions of the American Society of 

26 Heating, Refrigerating, and Air-Conditioning 


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1 Engineers Standard 90.1–2007, as such stand2 ard or successor standard is in effect for pur3 poses of this section pursuant subsection (c); 

4 (B) the structure complies with the appli5 cable provisions of the 2009 International En6 ergy Conservation Code, as such standard or 

7 successor standard is in effect for purposes of 

8 this section pursuant subsection (c); 

9 (C) in the case only of an existing struc10 ture, where determined cost effective, the struc11 ture has undergone rehabilitation or improve12 ments, completed after the date of the enact13 ment of this Act, and the energy consumption 

14 for the structure has been reduced by at least 

15 20 percent from the previous level of consump16 tion, as determined in accordance with energy 

17 audits performed both before and after any re18 habilitation or improvements undertaken to re19 duce such consumption; or 

20 (D) the structure complies with the appli21 cable provisions of such other energy efficiency 

22 requirements, standards, checklists, or ratings 

23 systems as the Secretary may adopt and apply 

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1 dential single-family or multifamily structures 

2 or otherwise, except that the Secretary shall 

3 make a determination regarding whether to 

4 adopt and apply any such requirements, stand5 ards, checklists, or rating system for purposes 

6 of this section not later than the expiration of 

7 the 180-day period beginning upon the date of 

8 receipt of any written request, made in such 

9 form as the Secretary shall provide, for such 

10 adoption and application. 

11 In addition to compliance with any of subparagraphs 

12 (A) through (D), the Secretary shall by regulation 

13 require, for any newly constructed residential single14 family or multifamily structure to be considered to 

15 comply with the energy efficiency standards under 

16 this subsection, that the structure have appropriate 

17 electrical outlets with the facility and capacity to re18 charge a standard electric passenger vehicle, includ19 ing an electric hybrid vehicle, where such vehicle 

20 would normally be parked. 

21 (2) NONRESIDENTIAL STRUCTURES.—For pur22 poses of this section, the Secretary shall identify and 

23 adopt by regulation, as may be necessary, energy ef24 ficiency requirements, standards, checklists, or rat25 ing systems applicable to nonresidential structures 


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1 that are constructed or rehabilitated with HUD as2 sistance. A nonresidential structure shall be consid3 ered to comply with the energy efficiency standards 

4 under this subsection if the structure complies with 

5 the applicable provisions of any such energy effi6 ciency requirements, standards, checklist, or rating 

7 systems identified and adopted by the Secretary pur8 suant to this paragraph, as such standards are in ef9 fect for purposes of this section pursuant to sub10 section (c). 

11 (3) EFFECT.—Nothing in this subsection may 

12 be construed to require any structure to comply with 

13 any standard established or adopted pursuant to this 

14 subsection, or identified in this subsection, or to pro15 vide any benefit or credit under any Federal pro16 gram for any structure that complies with any such 

17 standard, except to the extent that— 

18 (A) any provision of law other than this 

19 subsection provides a benefit or credit under a 

20 Federal program for compliance with a stand21 ard established or adopted pursuant to this sub22 section, or identified in this subsection; or 

23 (B) the Secretary specifically provides pur24 suant to subsection (c) for the applicability of 

25 such standard. 


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1 (b) ENHANCED ENERGY EFFICIENCY STANDARDS

2 FOR PURPOSES OF PROVIDING ADDITIONAL CREDIT

3 UNDER CERTAIN FEDERALLY ASSISTED HOUSING PRO4 GRAMS.— 

5 (1) PURPOSE AND EFFECT.— 

6 (A) PURPOSE.—The purpose of this sub7 section is to establish energy efficiency and con8 servation standards and green building stand9 ards that— 

10 (i) provide for greater energy effi11 ciency and conservation in structures than 

12 is required for compliance with the energy 

13 efficiency standards under subsection (a) 

14 and then in effect; 

15 (ii) provide for green and sustainable 

16 building standards not required by such 

17 standards; and 

18 (iii) can be used in connection with 

19 Federal housing, housing finance, and de20 velopment programs to provide incentives 

21 for greater energy efficiency and conserva22 tion and for green and sustainable building 

23 methods, elements, practices, and mate24 rials. 


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1 (B) EFFECT.—Nothing in this subsection 

2 may be construed to require any structure to 

3 comply with any standard established pursuant 

4 to this subsection or to provide any benefit or 

5 credit under any Federal program for any 

6 structure, except to the extent that any provi7 sion of law other than this subsection provides 

8 a benefit or credit under a Federal program for 

9 compliance with a standard established pursu10 ant to this subsection. 

11 (2) COMPLIANCE.—A residential or nonresiden12 tial structure shall be considered to comply with the 

13 enhanced energy efficiency and conservation stand14 ards or the green building standards under this sub15 section, to the extent that such structure complies 

16 with the applicable provisions of the standards under 

17 paragraph (3) or (4), respectively (as such standards 

18 are in effect for purposes of this section, pursuant 

19 to paragraph (7)), in a manner that is not required 

20 for compliance with the energy efficiency standards 

21 under subsection (a) then in effect and subject to 

22 the Secretary’s determination of which standards are 

23 applicable to which structures. 


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1 (3) ENERGY EFFICIENCY AND CONSERVATION

2 STANDARDS.—The energy efficiency and conserva3 tion standards under this paragraph are as follows: 

4 (A) RESIDENTIAL STRUCTURES.—With re5 spect to residential structures: 

6 (i) NEW CONSTRUCTION.—For new 

7 construction, the Energy Star standards 

8 established by the Environmental Protec9 tion Agency, as such standards are in ef10 fect for purposes of this subsection pursu11 ant to paragraph (7); 

12 (ii) EXISTING STRUCTURES.—For ex13 isting structures, a reduction in energy 

14 consumption from the previous level of 

15 consumption for the structure, as deter16 mined in accordance with energy audits 

17 performed both before and after any reha18 bilitation or improvements undertaken to 

19 reduce such consumption, that exceeds the 

20 reduction necessary for compliance with 

21 the energy efficiency standards under sub22 section (a) then in effect and applicable to 

23 existing structures. 

24 (B) NONRESIDENTIAL STRUCTURES.— 

25 With respect to nonresidential structures, such 


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1 energy efficiency and conservation require2 ments, standards, checklists, or rating systems 

3 for nonresidential structures as the Secretary 

4 shall identify and adopt by regulation, as may 

5 be necessary, for purposes of this paragraph. 

6 (4) GREEN BUILDING STANDARDS.—The green 

7 building standards under this paragraph are as fol8 lows: 

9 (A) The national Green Communities cri10 teria checklist for residential construction that 

11 provides criteria for the design, development, 

12 and operation of affordable housing, as such 

13 checklist or successor checklist is in effect for 

14 purposes of this section pursuant to paragraph 

15 (7). 

16 (B) The gold certification level for the 

17 LEED for New Construction rating system, the 

18 LEED for Homes rating system, the LEED for 

19 Core and Shell rating system, as applicable, as 

20 such systems or successor systems are in effect 

21 for purposes of this section pursuant to para22 graph (7). 

23 (C) The Green Globes assessment and rat24 ing system of the Green Buildings Initiative. 


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1 (D) For manufactured housing, energy 

2 star rating with respect to fixtures, appliances, 

3 and equipment in such housing, as such stand4 ard or successor standard is in effect for pur5 poses of this section pursuant to paragraph (7). 

6 (E) The National Green Building Stand7 ard. 

8 (F) Any other requirements, standards, 

9 checklists, or rating systems for green building 

10 or sustainability as the Secretary may identify 

11 and adopt by regulation, as may be necessary 

12 for purposes of this paragraph, except that the 

13 Secretary shall make a determination regarding 

14 whether to adopt and apply any such require15 ments, standards, checklist, or rating system 

16 for purposes of this section not later than the 

17 expiration of the 180-day period beginning upon 

18 date of receipt of any written request, made in 

19 such form as the Secretary shall provide, for 

20 such adoption and application. 

21 (5) GREEN BUILDING.—For purposes of this 

22 subsection, the term ‘‘green building’’ means, with 

23 respect to standards for structures, standards to re24 quire use of sustainable design principles to reduce 

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1 pact of development on the environment, and to im2 prove indoor air quality. 

3 (6) ENERGY AUDITS.—The Secretary shall es4 tablish standards and requirements for energy au5 dits for purposes of paragraph (3)(A)(ii) and, in es6 tablishing such standards, may consult with any ad7 visory committees established pursuant to section 

8 5(c)(2) of this Act. 

9 (7) APPLICABILITY AND UPDATING OF STAND10 ARDS.— 

11 (A) APPLICABILITY.—Except as provided 

12 in subparagraph (B), the requirements, stand13 ards, checklists, and rating systems referred to 

14 in this subsection that are in effect for purposes 

15 of this subsection are such requirements, stand16 ards, checklists, and systems are as in existence 

17 upon the date of the enactment of this Act. 

18 (B) UPDATING.—For purposes of this sec19 tion, the Secretary may adopt and apply by reg20 ulation, as may be necessary, future amend21 ments and supplements to, and editions of, the 

22 requirements, standards, checklists, and rating 

23 systems referred to in this subsection. 


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1 (c) AUTHORITY OF SECRETARY TO APPLY STAND2 ARDS TO FEDERALLY ASSISTED HOUSING AND PRO3 GRAMS.— 

4 (1) HUD HOUSING AND PROGRAMS.—The Sec5 retary of Housing and Urban Development may, by 

6 regulation, provide for the applicability of the energy 

7 efficiency standards under subsection (a) or the en8 hanced energy efficiency and conservation standards 

9 and green building standards under subsection (b), 

10 or both, with respect to any covered federally as11 sisted housing described in paragraph (3)(A) or any 

12 HUD assistance. 

13 (2) RURAL HOUSING.—The Secretary of Agri14 culture may, by regulation, provide for the applica15 bility of the energy efficiency standards under sub16 section (a) or the enhanced energy efficiency and 

17 conservation standards and green building standards 

18 under subsection (b), or both, with respect to any 

19 covered federally assisted housing described in para20 graph (3)(B) or any assistance provided with respect 

21 to rural housing by the Rural Housing Service of the 

22 Department of Agriculture. 

23 (3) COVERED FEDERALLY ASSISTED HOUS24 ING.—For purposes of this subsection, the term 

25 ‘‘covered federally assisted housing’’ means— 


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1 (A) any residential or nonresidential struc2 ture for which any HUD assistance is provided; 

3 and 

4 (B) any new construction of single-family 

5 housing (other than manufactured homes) sub6 ject to mortgages insured, guaranteed, or made 

7 by the Secretary of Agriculture under title V of 

8 the Housing Act of 1949 (42 U.S.C. 1471 et 

9 seq.). 

10 SEC. 5. ENERGY EFFICIENCY AND CONSERVATION DEM11 ONSTRATION PROGRAM FOR MULTIFAMILY 

12 HOUSING PROJECTS ASSISTED WITH 

13 PROJECT-BASED RENTAL ASSISTANCE. 

14 (a) AUTHORITY.—For multifamily housing projects 

15 for which project-based rental assistance is provided under 

16 a covered multifamily assistance program, the Secretary 

17 shall, subject to the availability of amounts provided in 

18 advance in appropriation Acts, carry out a program to 

19 demonstrate the effectiveness of funding a portion of the 

20 costs of meeting the enhanced energy efficiency standards 

21 under section 4(b). At the discretion of the Secretary, the 

22 demonstration program may include incentives for housing 

23 that is assisted with Indian housing block grants provided 

24 pursuant to the Native American Housing Assistance and 

25 Self-Determination Act of 1996, but only to the extent 


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1 that such inclusion does not violate such Act, its regula2 tions, and the goal of such Act of tribal self-determination. 

3 (b) GOALS.—The demonstration program under this 

4 section shall be carried out in a manner that— 

5 (1) protects the financial interests of the Fed6 eral Government; 

7 (2) reduces the proportion of funds provided by 

8 the Federal Government and by owners and resi9 dents of multifamily housing projects that are used 

10 for costs of utilities for the projects; 

11 (3) encourages energy efficiency and conserva12 tion by owners and residents of multifamily housing 

13 projects and installation of renewable energy im14 provements, such as improvements providing for use 

15 of solar, wind, geothermal, or biomass energy 

16 sources; 

17 (4) creates incentives for project owners to 

18 carry out such energy efficiency renovations and im19 provements by allowing a portion of the savings in 

20 operating costs resulting from such renovations and 

21 improvements to be retained by the project owner, 

22 notwithstanding otherwise applicable limitations on 

23 dividends; 

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1 tive improvements and renewable energy improve2 ments, such as improvements providing for use of 

3 solar, wind, geothermal, or biomass energy sources; 

4 (6) tests the efficacy of a variety of energy effi5 ciency measures for multifamily housing projects of 

6 various sizes and in various geographic locations; 

7 (7) tests methods for addressing the various, 

8 and often competing, incentives that impede owners 

9 and residents of multifamily housing projects from 

10 working together to achieve energy efficiency or con11 servation; and 

12 (8) creates a database of energy efficiency and 

13 conservation, and renewable energy, techniques, en14 ergy-savings management practices, and energy effi15 ciency and conservation financing vehicles. 

16 (c) APPROACHES.—In carrying out the demonstra17 tion program under this section, the Secretary may— 

18 (1) enter into agreements with the Building 

19 America Program of the Department of Energy and 

20 other consensus committees under which such pro21 grams, partnerships, or committees assume some or 

22 all of the functions, obligations, and benefits of the 

23 Secretary with respect to energy savings; 

24 (2) establish advisory committees to advise the 

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1 nological and other developments in the area of en2 ergy efficiency and the creation of an energy effi3 ciency and conservation credit facility and other fi4 nancing opportunities, which committees shall in5 clude representatives of homebuilders, realtors, ar6 chitects, nonprofit housing organizations, environ7 mental protection organizations, renewable energy 

8 organizations, and advocacy organizations for the el9 derly and persons with disabilities; any advisory 

10 committees established pursuant to this paragraph 

11 shall not be subject to the Federal Advisory Com12 mittee Act (5 U.S.C. App.); 

13 (3) approve, for a period not to exceed 10 

14 years, additional adjustments in the maximum 

15 monthly rents or additional project rental assistance, 

16 or additional Indian housing block grant funds 

17 under the Native American Housing Assistance and 

18 Self-Determination Act of 1996, as applicable, for 

19 dwelling units in multifamily housing projects that 

20 are provided project-based rental assistance under a 

21 covered multifamily assistance program, in such 

22 amounts as may be necessary to amortize a portion 

23 of the cost of energy efficiency and conservation 

24 measures for such projects; 


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1 (4) develop a competitive process for the award 

2 of such additional assistance for multifamily housing 

3 projects seeking to implement energy efficiency, re4 newable energy sources, or conservation measures; 

5 and 

6 (5) waive or modify any existing statutory or 

7 regulatory provision that would otherwise impair the 

8 implementation or effectiveness of the demonstration 

9 program under this section, including provisions re10 lating to methods for rent adjustments, com11 parability standards, maximum rent schedules, and 

12 utility allowances; notwithstanding the preceding 

13 provisions of this paragraph, the Secretary may not 

14 waive any statutory requirement relating to fair 

15 housing, nondiscrimination, labor standards, or the 

16 environment, except pursuant to existing authority 

17 to waive nonstatutory environmental and other ap18 plicable requirements. 

19 (d) REQUIREMENT.—During the 4-year period begin20 ning 12 months after the date of the enactment of this 

21 Act, the Secretary shall carry out demonstration programs 

22 under this section with respect to not fewer than 50,000 

23 dwelling units. 

24 (e) SELECTION.— 


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1 (1) SCOPE.—In order to provide a broad and 

2 representative profile for use in designing a program 

3 which can become operational and effective nation4 wide, the Secretary shall carry out the demonstra5 tion program under this section with respect to 

6 dwelling units located in a wide variety of geographic 

7 areas and project types assisted by the various cov8 ered multifamily assistance programs and using a 

9 variety of energy efficiency and conservation and 

10 funding techniques to reflect differences in climate, 

11 types of dwelling units and technical and scientific 

12 methodologies, and financing options. The Secretary 

13 shall ensure that the geographic areas included in 

14 the demonstration program include dwelling units on 

15 Indian lands (as such term is defined in section 

16 2601 of the Energy Policy Act of 1992 (25 U.S.C. 

17 3501), to the extent that dwelling units on Indian 

18 land have the type of residential structures that are 

19 the focus of the demonstration program. 

20 (2) PRIORITY.—The Secretary shall provide pri21 ority for selection for participation in the program 

22 under this section based on the extent to which, as 

23 a result of assistance provided, the project will com24 ply with the energy efficiency standards under sub25 section (a), (b), or (c) of section 4 of this Act. 


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1 (f) USE OF EXISTING PARTNERSHIPS.—To the ex2 tent feasible, the Secretary shall— 

3 (1) utilize the Partnership for Advancing Tech4 nology in Housing of the Department of Housing 

5 and Urban Development to assist in carrying out the 

6 requirements of this section and to provide education 

7 and outreach regarding the demonstration program 

8 authorized under this section; and 

9 (2) consult with the Secretary of Energy, the 

10 Administrator of the Environmental Protection 

11 Agency, and the Secretary of the Army regarding 

12 utilizing the Building America Program of the De13 partment of Energy, the Energy Star Program, and 

14 the Army Corps of Engineers, respectively, to deter15 mine the manner in which they might assist in car16 rying out the goals of this section and providing edu17 cation and outreach regarding the demonstration 

18 program authorized under this section. 

19 (g) LIMITATION.—No amounts made available under 

20 the American Recovery and Reinvestment Act of 2009 

21 (Public Law 111–5) may be used to carry out the dem22 onstration program under this section. 

23 (h) REPORTS.— 

24 (1) ANNUAL.—Not later than the expiration of 

25 the 2-year beginning upon the date of the enactment 


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1 of this Act, and for each year thereafter during the 

2 term of the demonstration program, the Secretary 

3 shall submit a report to the Congress annually that 

4 describes and assesses the demonstration program 

5 under this section. 

6 (2) FINAL.—Not later than 6 months after the 

7 expiration of the 4-year period described in sub8 section (d), the Secretary shall submit a final report 

9 to the Congress assessing the demonstration pro10 gram, which— 

11 (A) shall assess the potential for expanding 

12 the demonstration program on a nationwide 

13 basis; and 

14 (B) shall include descriptions of— 

15 (i) the size of each multifamily hous16 ing project for which assistance was pro17 vided under the program; 

18 (ii) the geographic location of each 

19 project assisted, by State and region; 

20 (iii) the criteria used to select the 

21 projects for which assistance is provided 

22 under the program; 

23 (iv) the energy efficiency and con24 servation measures and financing sources 


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1 used for each project that is assisted under 

2 the program; 

3 (v) the difference, before and during 

4 participation in the demonstration pro5 gram, in the amount of the monthly assist6 ance payments under the covered multi7 family assistance program for each project 

8 assisted under the program; 

9 (vi) the average length of the term of 

10 the such assistance provided under the 

11 program for a project; 

12 (vii) the aggregate amount of savings 

13 generated by the demonstration program 

14 and the amount of savings expected to be 

15 generated by the program over time on a 

16 per-unit and aggregate program basis; 

17 (viii) the functions performed in con18 nection with the implementation of the 

19 demonstration program that were trans20 ferred or contracted out to any third par21 ties; 

22 (ix) an evaluation of the overall suc23 cesses and failures of the demonstration 

24 program; and 


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1 (x) recommendations for any actions 

2 to be taken as a result of the such suc3 cesses and failures. 

4 (3) CONTENTS.—Each annual report pursuant 

5 to paragraph (1) and the final report pursuant to 

6 paragraph (2) shall include— 

7 (A) a description of the status of each mul8 tifamily housing project selected for participa9 tion in the demonstration program under this 

10 section; and 

11 (B) findings from the program and rec12 ommendations for any legislative actions. 

13 (i) COVERED MULTIFAMILY ASSISTANCE PRO14 GRAM.—For purposes of this section, the term ‘‘covered 

15 multifamily assistance program’’ means— 

16 (1) the program under section 8 of the United 

17 States Housing Act of 1937 (42 U.S.C. 1437f) for 

18 project-based rental assistance; 

19 (2) the program under section 202 of the Hous20 ing Act of 1959 (12 U.S.C. 1701q) for assistance 

21 for supportive housing for the elderly; 

22 (3) the program under section 811 of the Cran23 ston-Gonzalez National Affordable Housing Act (42 

24 U.S.C. 8013) for supportive housing for persons 

25 with disabilities; 


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1 (4) the program under section 236 of the Na2 tional Housing Act (12 U.S.C. 1715z–1 for assist3 ance for rental housing projects; 

4 (5) the program under section 515 of the Hous5 ing Act of 1949 (42 U.S.C. 1485) for rural rental 

6 housing; and 

7 (6) the program for assistance under the Native 

8 American Housing Assistance and Self-Determina9 tion Act of 1996 (25 U.S.C. 4111). 

10 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section, 

12 including providing rent adjustments, additional project 

13 rental assistance, and incentives, $50,000,000 for each fis14 cal year in which the demonstration program under this 

15 section is carried out. 

16 (k) REGULATIONS.—Not later than the expiration of 

17 the 180-day period beginning on the date of the enactment 

18 of this Act, the Secretary shall issue any regulations nec19 essary to carry out this section. 

20 SEC. 6. ADDITIONAL CREDIT FOR FANNIE MAE AND 

21 FREDDIE MAC HOUSING GOALS FOR ENERGY22 EFFICIENT AND LOCATION-EFFICIENT MORT23 GAGES. 

24 Section 1336(a) of the Housing and Community De25 velopment Act of 1992 (12 U.S.C. 4566(a)), as amended 


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1 by the Federal Housing Finance Regulatory Reform Act 

2 of 2008 (Public Law 110–289; 122 Stat. 2654), is amend3 ed— 

4 (1) in paragraph (2), by striking ‘‘paragraph 

5 (5)’’ and inserting ‘‘paragraphs (5) and (6)’’; and 

6 (2) by adding at the end the following new 

7 paragraph: 

8 ‘‘(6) ADDITIONAL CREDIT.— 

9 ‘‘(A) IN GENERAL.—In assigning credit to10 ward achievement under this section of the 

11 housing goals for mortgage purchase activities 

12 of the enterprises, the Director shall assign— 

13 ‘‘(i) more than 125 percent credit, for 

14 any such purchase that both— 

15 ‘‘(I) complies with the require16 ments of such goals; and 

17 ‘‘(II)(aa) supports housing that 

18 meets the energy efficiency standards 

19 under section 4(a) of the Green Re20 sources for Energy Efficient Neigh21 borhoods Act of 2009; or 

22 ‘‘(bb) is a location-efficient mort23 gage, as such term is defined in sec24 tion 1335(e); and 


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1 ‘‘(ii) credit in addition to credit under 

2 clause (i), for any such purchase that 

3 both— 

4 ‘‘(I) complies with the require5 ments of such goals, and 

6 ‘‘(II) supports housing that com7 plies with the enhanced energy effi8 ciency and conservation standards, or 

9 the green building standards, under 

10 section 4(b) of such Act, or both, 

11 and such additional credit shall be given 

12 based on the extent to which the housing 

13 supported with such purchases complies 

14 with such standards. 

15 ‘‘(B) TREATMENT OF ADDITIONAL CRED16 IT.—The availability of additional credit under 

17 this paragraph shall not be used to increase any 

18 housing goal, subgoal, or target established 

19 under this subpart.’’. 

20 SEC. 7. DUTY TO SERVE UNDERSERVED MARKETS FOR EN21 ERGY-EFFICIENT AND LOCATION-EFFICIENT 

22 MORTGAGES. 

23 Section 1335 of Federal Housing Enterprises Finan24 cial Safety and Soundness Act of 1992 (12 U.S.C. 4565), 

25 as amended by the Federal Housing Finance Regulatory 


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1 Reform Act of 2008 (Public Law 110–289; 122 Stat. 

2 2654), is amended— 

3 (1) in subsection (a)(1), by adding at the end 

4 the following new subparagraph: 

5 ‘‘(D) MARKETS FOR ENERGY-EFFICIENT

6 AND LOCATION-EFFICIENT MORTGAGES.— 

7 ‘‘(i) DUTY.—Subject to clause (ii), the 

8 enterprise shall develop loan products and 

9 flexible underwriting guidelines to facilitate 

10 a secondary market for energy-efficient 

11 and location-efficient mortgages on hous12 ing for very low-, low-, and moderate-in13 come families, and for second and junior 

14 mortgages made for purposes of energy ef15 ficiency or renewable energy improvements, 

16 or both. 

17 ‘‘(ii) AUTHORITY TO SUSPEND.—Not18 withstanding any other provision of this 

19 section, the Director may suspend the ap20 plicability of the requirement under clause 

21 (i) with respect to an enterprise, for such 

22 period as is necessary, if the Director de23 termines that exigent circumstances exist 

24 and such suspension is appropriate to enVerDate Nov 24 2008 02:29 May 12, 2009 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2336.IH H2336

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1 sure the safety and soundness of the port2 folio holdings of the enterprise.’’; 

3 (2) by adding at the end the following new sub4 section: 

5 ‘‘(e) DEFINITIONS.—For purposes of this section, the 

6 following definitions shall apply: 

7 ‘‘(1) ENERGY-EFFICIENT MORTGAGE.—The 

8 term ‘energy-efficient mortgage’ means a mortgage 

9 loan under which the income of the borrower, for 

10 purposes of qualification for such loan, is considered 

11 to be increased by not less than $1 for each $1 of 

12 savings projected to be realized by the borrower as 

13 a result of cost-effective energy-saving design, con14 struction or improvements (including use of renew15 able energy sources, such as solar, geothermal, bio16 mass, and wind, super-insulation, energy-saving win17 dows, insulating glass and film, and radiant barrier) 

18 for the home for which the loan is made. 

19 ‘‘(2) LOCATION-EFFICIENT MORTGAGE.—The 

20 term ‘location-efficient mortgage’ means a mortgage 

21 loan under which— 

22 ‘‘(A) the income of the borrower, for pur23 poses of qualification for such loan, is consid24 ered to be increased by not less than $1 for 

25 each $1 of savings projected to be realized by 


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1 the borrower because the location of the home 

2 for which loan is made will result in decreased 

3 transportation costs for the household of the 

4 borrower; or 

5 ‘‘(B) the sum of the principal, interest, 

6 taxes, and insurance due under the mortgage 

7 loan is decreased by not less than $1 for each 

8 $1 of savings projected to be realized by the 

9 borrower because the location of the home for 

10 which loan is made will result in decreased 

11 transportation costs for the household of the 

12 borrower.’’. 

13 SEC. 8. CONSIDERATION OF ENERGY EFFICIENCY UNDER 

14 FHA MORTGAGE INSURANCE PROGRAMS AND 

15 NATIVE AMERICAN AND NATIVE HAWAIIAN 

16 LOAN GUARANTEE PROGRAMS. 

17 (a) FHA MORTGAGE INSURANCE.— 

18 (1) REQUIREMENT.—Title V of the National 

19 Housing Act is amended by adding after section 542 

20 (12 U.S.C. 1735f–20) the following new section: 

21 ‘‘SEC. 543. CONSIDERATION OF ENERGY EFFICIENCY. 

22 ‘‘(a) UNDERWRITING STANDARDS.—The Secretary 

23 shall establish a method to consider, in its underwriting 

24 standards for mortgages on single-family housing meeting 

25 the energy efficiency standards under section 4(a) of the 


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1 Green Resources for Energy Efficient Neighborhoods Act 

2 of 2009 that are insured under this Act, the impact that 

3 savings on utility costs has on the income of the mort4 gagor. 

5 ‘‘(b) GOAL.—It is the sense of the Congress that, in 

6 carrying out this Act, the Secretary should endeavor to 

7 insure mortgages on single-family housing meeting the en8 ergy efficiency standards under section 4(a) of the Green 

9 Resources for Energy Efficient Neighborhoods Act of 

10 2009 such that at least 50,000 such mortgages are in11 sured during the period beginning upon the date of the 

12 enactment of such Act and ending on December 31, 

13 2012.’’. 

14 (2) REPORTING ON DEFAULTS.—Section 540(b) 

15 of the National Housing Act (12 U.S.C. 1735f– 

16 18(b)) is amended by adding at the end the fol17 lowing new paragraph: 

18 ‘‘(3) With respect to each collection period that 

19 commences after December 31, 2011, the total num20 ber of mortgages on single-family housing meeting 

21 the energy efficiency standards under section 4(a) of 

22 the Green Resources for Energy Efficient Neighbor23 hoods Act of 2009 that are insured by the Secretary 

24 during the applicable collection period, the number 

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1 gages during such period, the percentage of the total 

2 of such mortgages insured during such period on 

3 which defaults and foreclosure occurred, and the 

4 rate for such period of defaults and foreclosures on 

5 such mortgages compared to the overall rate for 

6 such period of defaults and foreclosures on mort7 gages for single-family housing insured under this 

8 Act by the Secretary.’’. 

9 (b) INDIAN HOUSING LOAN GUARANTEES.— 

10 (1) REQUIREMENT.—Section 184 of the Hous11 ing and Community Development Act of 1992 (12 

12 U.S.C. 1715z–13a) is amended— 

13 (A) by redesignating subsection (l) as sub14 section (m); and 

15 (B) by inserting after subsection (k) the 

16 following new subsection: 

17 ‘‘(l) CONSIDERATION OF ENERGY EFFICIENCY.—The 

18 Secretary shall establish a method to consider, in its un19 derwriting standards for loans for single-family housing 

20 meeting the energy efficiency standards under section 4(a) 

21 of the Green Resources for Energy Efficient Neighbor22 hoods Act of 2009 that are guaranteed under this section, 

23 the impact that savings on utility costs has on the income 

24 of the borrower.’’. 


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1 (2) REPORTING ON DEFAULTS.—Section 540(b) 

2 of the National Housing Act (12 U.S.C. 1735f– 

3 18(b)), as amended by subsection (a)(2) of this sec4 tion, is further amended by adding at the end the 

5 following new paragraph: 

6 ‘‘(4) With respect to each collection period that 

7 commences after December 31, 2011, the total num8 ber of loans guaranteed under section 184 of the 

9 Housing and Community Development Act of 1992 

10 (12 U.S.C. 1715z–13a) on single-family housing 

11 meeting the energy efficiency standards under sec12 tion 4(a) of the Green Resources for Energy Effi13 cient Neighborhoods Act of 2009 that are guaran14 teed by the Secretary during the applicable collection 

15 period, the number of defaults and foreclosures oc16 curring on such loans during such period, the per17 centage of the total of such loans guaranteed during 

18 such period on which defaults and foreclosure oc19 curred, and the rate for such period of defaults and 

20 foreclosures on such loans compared to the overall 

21 rate for such period of defaults and foreclosures on 

22 loans for single-family housing guaranteed under 

23 such section 184 by the Secretary.’’. 

24 (c) NATIVE HAWAIIAN HOUSING LOAN GUARAN25 TEES.— 


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1 (1) REQUIREMENT.—Section 184A of the 

2 Housing and Community Development Act of 1992 

3 (12 U.S.C. 1715z–13b) is amended by inserting 

4 after subsection (l) the following new subsection: 

5 ‘‘(m) ENERGY-EFFICIENT HOUSING REQUIRE6 MENT.—The Secretary shall establish a method to con7 sider, in its underwriting standards for loans for single8 family housing meeting the energy efficiency standards 

9 under section 4(a) of the Green Resources for Energy Ef10 ficient Neighborhoods Act of 2009 that are guaranteed 

11 under this section, the impact that savings on utility costs 

12 has on the income of the borrower.’’. 

13 (2) REPORTING ON DEFAULTS.—Section 540(b) 

14 of the National Housing Act (12 U.S.C. 1735f– 

15 18(b)), as amended by the preceding provisions of 

16 this section, is further amended by adding at the 

17 end the following new paragraph: 

18 ‘‘(5) With respect to each collection period that 

19 commences after December 31, 2011, the total num20 ber of loans guaranteed under section 184A of the 

21 Housing and Community Development Act of 1992 

22 (12 U.S.C. 1715z–13b) on single-family housing 

23 meeting the energy efficiency standards under sec24 tion 4(a) of the Green Resources for Energy Effi25 cient Neighborhoods Act of 2009 that are guaranVerDate Nov 24 2008 02:29 May 12, 2009 Jkt 079200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H2336.IH H2336

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1 teed by the Secretary during the applicable collection 

2 period, the number of defaults and foreclosures oc3 curring on such loans during such period, the per4 centage of the total of such loans guaranteed during 

5 such period on which defaults and foreclosure oc6 curred, and the rate for such period of defaults and 

7 foreclosures on such loans compared to the overall 

8 rate for such period of defaults and foreclosures on 

9 loans for single-family housing guaranteed under 

10 such section 184A by the Secretary.’’. 

11 SEC. 9. ENERGY-EFFICIENT MORTGAGES AND LOCATION12 EFFICIENT MORTGAGES EDUCATION AND 

13 OUTREACH CAMPAIGN. 

14 Section 106 of the Energy Policy Act of 1992 (12 

15 U.S.C. 1701z–16) is amended by adding at the end the 

16 following new subsection: 

17 ‘‘(g) EDUCATION AND OUTREACH CAMPAIGN.— 

18 ‘‘(1) DEVELOPMENT OF ENERGY- AND LOCA19 TION-EFFICIENT MORTGAGES OUTREACH PRO20 GRAM.— 

21 ‘‘(A) COMMISSION.—The Secretary, in con22 sultation and coordination with the Secretary of 

23 Energy, the Secretary of Education, the Sec24 retary of Agriculture, and the Administrator of 

25 the Environmental Protection Agency, shall esVerDate Nov 24 2008 23:39 May 12, 2009 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H2336.IH H2336

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1 tablish a commission to develop and recommend 

2 model mortgage products and underwriting 

3 guidelines that provide market-based incentives 

4 to prospective home buyers, lenders, and sellers 

5 to incorporate energy efficiency upgrades and 

6 location efficiencies in new mortgage loan trans7 actions. 

8 ‘‘(B) REPORT.—Not later than 24 months 

9 after the date of the enactment of this Act, the 

10 Secretary shall provide a written report to the 

11 Congress on the results of work of the commis12 sion established pursuant to subparagraph (A) 

13 and that identifies model mortgage products 

14 and underwriting guidelines that may encour15 age energy and location efficiency. 

16 ‘‘(2) IMPLEMENTATION.—After submission of 

17 the report under paragraph (1)(B), the Secretary, in 

18 consultation and coordination with the Secretary of 

19 Energy, the Secretary of Education, and the Admin20 istrator of the Environmental Protection Agency, 

21 shall carry out a public awareness, education, and 

22 outreach campaign based on the findings of the com23 mission established pursuant to paragraph (1) to in24 form and educate residential lenders and prospective 

25 borrowers regarding the availability, benefits, advanVerDate Nov 24 2008 02:29 May 12, 2009 Jkt 079200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H2336.IH H2336

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1 tages, and terms of energy-efficient mortgages and 

2 location-efficient mortgages made available pursuant 

3 to this section, energy-efficient and location-efficient 

4 mortgages that meet the requirements of section 

5 1335 of the Housing and Community Development 

6 Act of 1992 (42 U.S.C. 4565), and other mortgages, 

7 including mortgages for multifamily housing, that 

8 have energy improvement features or location effi9 ciency features and to publicize such availability, 

10 benefits, advantages, and terms. Such actions may 

11 include entering into a contract with an appropriate 

12 entity to publicize and market such mortgages 

13 through appropriate media. 

14 ‘‘(3) RENEWABLE ENERGY HOME PRODUCT

15 EXPOS.—The Congress hereby encourages the Sec16 retary of Housing and Urban Development to work 

17 with appropriate entities to organize and hold renew18 able energy expositions that provide an opportunity 

19 for the public to view and learn about renewable en20 ergy products for the home that are currently on the 

21 market. 

22 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

23 There is authorized to be appropriated to the Sec24 retary to carry out this subsection $5,000,000 for 

25 each of fiscal years 2010 through 2014.’’. 


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1 SEC. 10. COLLECTION OF INFORMATION ON ENERGY-EFFI2 CIENT AND LOCATION-EFFICIENT MORT3 GAGES THROUGH HOME MORTGAGE DISCLO4 SURE ACT. 

5 (a) IN GENERAL.—Section 304(b) of the Home Mort6 gage Disclosure Act of 1975 (12 U.S.C. 2803(b)) is 

7 amended— 

8 (1) in paragraph (3), by striking ‘‘and’’ at the 

9 end; 

10 (2) in paragraph (4), by striking the period at 

11 the end and inserting a semicolon; and 

12 (3) by adding at the end the following new 

13 paragraphs: 

14 ‘‘(5) the number and dollar amount of mort15 gage loans for single-family housing and for multi16 family housing that are energy-efficient mortgages 

17 (as such term is defined in section 1335 of Housing 

18 and Community Development Act of 1992); and 

19 ‘‘(6) the number and dollar amount of mort20 gage loans for single-family housing and for multi21 family housing that are location-efficient mortgages 

22 (as such term is defined in section 1335 of Housing 

23 and Community Development Act of 1992).’’. 

24 (b) APPLICABILITY.—The amendment made by sub25 section (a) shall apply with respect to the first calendar 


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1 year that begins after the expiration of the 30-day period 

2 beginning on the date of the enactment of this Act. 

3 SEC. 11. ENSURING AVAILABILITY OF HOMEOWNERS IN4 SURANCE FOR HOMES NOT CONNECTED TO 

5 ELECTRICITY GRID. 

6 (a) CONGRESSIONAL INTENT.—The Congress intends 

7 that— 

8 (1) consumers shall not be denied homeowners 

9 insurance for a dwelling (as such term is defined in 

10 subsection (c)) based solely on the fact that the 

11 dwelling is not connected to or able to receive elec12 tricity service from any wholesale or retail electric 

13 power provider; 

14 (2) States should ensure that consumers are 

15 able to obtain homeowners insurance for such dwell16 ings; 

17 (3) States should support insurers that develop 

18 voluntary incentives to provide such insurance; and 

19 (4) States may not prohibit insurers from offer20 ing a homeowners insurance product specifically de21 signed for such dwellings. 

22 (b) INSURING HOMES AND RELATED PROPERTY IN

23 INDIAN AREAS.—Notwithstanding any other provision of 

24 law, dwellings located in Indian areas (as such term is de25 fined in section 4 of the Native American Housing AssistVerDate Nov 24 2008 02:29 May 12, 2009 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H2336.IH H2336

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1 ance and Self-Determination Act of 1996 (25 U.S.C. 

2 4103)) and constructed or maintained using assistance, 

3 loan guarantees, or other authority under the Native 

4 American Housing Assistance and Self-Determination Act 

5 of 1996 may be insured by any tribally owned self-insur6 ance risk pool approved by the Secretary of Housing and 

7 Urban Development. 

8 (c) DWELLING.—For purposes of this section, the 

9 term ‘‘dwelling’’ means a residential structure that— 

10 (1) consists of one to four dwelling units; 

11 (2) is provided electricity from renewable en12 ergy sources; and 

13 (3) is not connected to any wholesale or retail 

14 electrical power grid. 

15 SEC. 12. MORTGAGE INCENTIVES FOR ENERGY-EFFICIENT 

16 MULTIFAMILY HOUSING. 

17 (a) IN GENERAL.—The Secretary of Housing and 

18 Urban Development shall establish incentives for increas19 ing the energy efficiency of multifamily housing that is 

20 subject to a mortgage to be insured under title II of the 

21 National Housing Act (12 U.S.C. 1707 et seq.) so that 

22 the housing meets the energy efficiency standards under 

23 section 4(a) of this Act and incentives to encourage com24 pliance of such housing with the energy efficiency and con25 servation standards, and the green building standards, 


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1 under section 4(b) of this Act, to the extent that such in2 centives are based on the impact that savings on utility 

3 costs has on the operating costs of the housing, as deter4 mined by the Secretary. 

5 (b) INCENTIVES.—Such incentives may include, for 

6 any such multifamily housing that complies with the en7 ergy efficiency standards under section 4(a)— 

8 (1) providing a discount on the chargeable pre9 miums for the mortgage insurance for such housing 

10 from the amount otherwise chargeable for such 

11 mortgage insurance; 

12 (2) allowing mortgages to exceed the dollar 

13 amount limits otherwise applicable under law to the 

14 extent such additional amounts are used to finance 

15 improvements or measures designed to meet the 

16 standards referred to in subsection (a); and 

17 (3) reducing the amount that the owner of such 

18 multifamily housing meeting the standards referred 

19 to in subsection (a) is required to contribute. 

20 SEC. 13. ENERGY-EFFICIENT CERTIFICATIONS FOR MANU21 FACTURED HOUSING WITH MORTGAGES. 

22 Section 526 of the National Housing Act (12 U.S.C. 

23 1735f–4(a)) is amended— 

24 (1) in subsection (a)— 


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•HR 2336 IH

1 (A) by striking ‘‘, other than manufactured 

2 homes,’’ each place such term appears; 

3 (B) by inserting after the period at the end 

4 the following: ‘‘The energy performance require5 ments developed and established by the Sec6 retary under this section for manufactured 

7 homes shall require energy star rating for wall 

8 fixtures, appliances, and equipment in such 

9 housing.’’; 

10 (C) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

11 (D) by adding at the end the following new 

12 paragraphs: 

13 ‘‘(2) The Secretary shall require, with respect to any 

14 single- or multi-family residential housing subject to a 

15 mortgage insured under this Act, that any approval or cer16 tification of the housing for meeting any energy efficiency 

17 or conservation criteria, standards, or requirements pursu18 ant to this title and any approval or certification required 

19 pursuant to this title with respect to energy-conserving im20 provements or any renewable energy sources, such as 

21 wind, solar energy geothermal, or biomass, shall be con22 ducted only by an individual certified by a home energy 

23 rating system provider who has been accredited to conduct 

24 such ratings by the Home Energy Ratings System Coun25 cil, the Residential Energy Services Network, or such 


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1 other appropriate national organization, as the Secretary 

2 may provide, or by licensed professional architect or engi3 neer. If any organization makes a request to the Secretary 

4 for approval to accredit individuals to conduct energy effi5 ciency or conservation ratings, the Secretary shall review 

6 and approve or disapprove such request not later than the 

7 expiration of the 6-month period beginning upon receipt 

8 of such request. 

9 ‘‘(3) The Secretary shall periodically examine the 

10 method used to conduct inspections for compliance with 

11 the requirements under this section, analyze various other 

12 approaches for conducting such inspections, and review 

13 the costs and benefits of the current method compared 

14 with other methods.’’; and 

15 (2) in subsection (b), by striking ‘‘, other than 

16 a manufactured home,’’. 

17 SEC. 14. ASSISTED HOUSING ENERGY LOAN PILOT PRO18 GRAM. 

19 (a) AUTHORITY.—Not later than the expiration of 

20 the 12-month period beginning on the date of the enact21 ment of this Act, the Secretary shall develop and imple22 ment a pilot program under this section to facilitate the 

23 financing of cost-effective capital improvements for cov24 ered assisted housing projects to improve the energy effi25 ciency and conservation of such projects. 


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1 (b) LOANS.—The pilot program under this section 

2 shall involve not less than three and not more than five 

3 lenders, and shall provide for a privately financed loan to 

4 be made for a covered assisted housing project, which 

5 shall— 

6 (1) finance capital improvements for the project 

7 that meet such requirements as the Secretary shall 

8 establish, and may involve contracts with third par9 ties to perform such capital improvements, including 

10 the design of such improvements by licensed profes11 sional architects or engineers; 

12 (2) have a term to maturity of not more than 

13 20 years, which shall be based upon the duration 

14 necessary to realize cost savings sufficient to repay 

15 the loan; 

16 (3) be secured by a mortgage subordinate to the 

17 mortgage for the project that is insured under the 

18 National Housing Act; and 

19 (4) provide for a reduction in the remaining 

20 principal obligation under the loan based on the ac21 tual resulting cost savings realized from the capital 

22 improvements financed with the loan. 

23 (c) UNDERWRITING STANDARDS.—The Secretary 

24 shall establish underwriting requirements for loans made 

25 under the pilot program under this section, which shall— 


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1 (1) require the cost savings projected to be real2 ized from the capital improvements financed with 

3 the loan, during the term of the loan, to exceed the 

4 costs of repaying the loan; 

5 (2) allow the designer or contractor involved in 

6 designing capital improvements to be financed with 

7 a loan under the program to carry out such capital 

8 improvements; and 

9 (3) include such energy, audit, property, finan10 cial, ownership, and approval requirements as the 

11 Secretary considers appropriate. 

12 (d) TREATMENT OF SAVINGS.—The pilot program 

13 under this section shall provide that the project owner 

14 shall receive the full financial benefit from any reduction 

15 in the cost of utilities resulting from capital improvements 

16 financed with a loan made under the program. 

17 (e) COVERED ASSISTED HOUSING PROJECTS.—For 

18 purposes of this section, the term ‘‘covered assisted hous19 ing project’’ means a housing project that— 

20 (1) is financed by a loan or mortgage that is— 

21 (A) insured by the Secretary under— 

22 (i) subsection (d)(3) of section 221 of 

23 the National Housing Act (12 U.S.C. 

24 1715l), and bears interest at a rate deterVerDate Nov 24 2008 02:29 May 12, 2009 Jkt 079200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H2336.IH H2336

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1 mined under the proviso of section 

2 221(d)(5) of such Act; or 

3 (ii) subsection (d)(4) of such section 

4 221. 

5 (B) insured or assisted under section 236 

6 of the National Housing Act (12 U.S.C. 1715z– 

7 1); 

8 (2) at the time a loan under this section is 

9 made, is provided project-based rental assistance 

10 under section 8 of the United States Housing Act of 

11 1937 (42 U.S.C. 1437f) for 50 percent or more of 

12 the dwelling units in the project; and 

13 (3) is not a housing project owned or held by 

14 the Secretary, or subject to a mortgage held by the 

15 Secretary. 

16 SEC. 15. MAKING IT GREEN. 

17 (a) PARTNERSHIPS WITH TREE-PLANTING ORGANI18 ZATIONS.—The Secretary shall establish and provide in19 centives for developers of housing for which any HUD fi20 nancial assistance, as determined by the Secretary, is pro21 vided for development, maintenance, operation, or other 

22 costs, to enter into agreements and partnerships with tree23 planting organizations, nurseries, and landscapers to cer24 tify that trees, shrubs, grasses, and other plants are plant25 ed in the proper manner, are provided adequate mainteVerDate Nov 24 2008 02:29 May 12, 2009 Jkt 079200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H2336.IH H2336

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1 nance, and survive for at least 3 years after planting or 

2 are replaced. The financial assistance determined by the 

3 Secretary as eligible under this section shall take into con4 sideration such factors as cost effectiveness and afford5 ability. 

6 (b) MAKING IT GREEN PLAN.—In the case of any 

7 new or substantially rehabilitated housing for which HUD 

8 financial assistance, as determined in accordance with 

9 subsection (a), is provided by the Secretary for the devel10 opment, construction, maintenance, rehabilitation, im11 provement, operation, or costs of the housing, including 

12 financial assistance provided through the Community De13 velopment Block Grant program under title I of the Hous14 ing and Community Development Act of 1974 (42 U.S.C. 

15 5301 et seq.), the Secretary shall require the development 

16 of a plan that provides for— 

17 (1) in the case of new construction and im18 provements, siting of such housing and improve19 ments in a manner that provides for energy effi20 ciency and conservation to the extent feasible, taking 

21 into consideration location and project type; 

22 (2) minimization of the effects of construction, 

23 rehabilitation, or other development on the condition 

24 of existing trees; 


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1 (3) selection and installation of indigenous 

2 trees, shrubs, grasses, and other plants based upon 

3 applicable design guidelines and standards of the 

4 International Society for Arboriculture; 

5 (4) post-planting care and maintenance of the 

6 landscaping relating to or affected by the housing in 

7 accordance with best management practices; and 

8 (5) establishment of a goal for minimum 

9 greenspace or tree canopy cover for the housing site 

10 for which such financial assistance is provided, in11 cluding guidelines and timetables within which to 

12 achieve compliance with such minimum require13 ments. 

14 (c) PARTNERSHIPS.—In carrying out this section, the 

15 Secretary is encouraged to consult, as appropriate, with 

16 national organizations dedicated to providing housing as17 sistance and related services to low-income families, such 

18 as the Alliance for Community Trees and its affiliates, the 

19 American Nursery and Landscape Association, the Amer20 ican Society of Landscape Architects, and the National 

21 Arbor Day Foundation. 


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1 SEC. 16. RESIDENTIAL ENERGY EFFICIENCY BLOCK GRANT 

2 PROGRAM. 

3 Title I of the Housing and Community Development 

4 Act of 1974 (42 U.S.C. 5301 et seq.) is amended by add5 ing at the end the following new section: 

6 ‘‘SEC. 123. RESIDENTIAL ENERGY EFFICIENCY BLOCK 

7 GRANT PROGRAM. 

8 ‘‘(a) IN GENERAL.—To the extent amounts are made 

9 available for grants under this section, the Secretary shall 

10 make grants under this section to States, metropolitan cit11 ies and urban counties, Indian tribes, and insular areas 

12 to carry out energy efficiency improvements in new and 

13 existing single-family and multifamily housing. 

14 ‘‘(b) ALLOCATIONS.— 

15 ‘‘(1) IN GENERAL.—Of the total amount made 

16 available for each fiscal year for grants under this 

17 section that remains after reserving amounts pursu18 ant to paragraph (2), the Secretary shall allocate for 

19 insular areas, for metropolitan cities and urban 

20 counties, and for States, an amount that bears the 

21 same ratio to such total amount as the amount allo22 cated for such fiscal year under section 106 for In23 dian tribes, for insular areas, for metropolitan cities 

24 and urban counties, and for States, respectively, 

25 bears to the total amount made available for such 

26 fiscal year for grants under section 106. 


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1 ‘‘(2) SET ASIDE FOR INDIAN TRIBES.—Of the 

2 total amount made available for each fiscal year for 

3 grants under this section, the Secretary shall allo4 cate not less than 1 percent to Indian tribes. 

5 ‘‘(c) GRANT AMOUNTS.— 

6 ‘‘(1) ENTITLEMENT COMMUNITIES.—From the 

7 amounts allocated pursuant to subsection (b) for 

8 metropolitan cities and urban counties for each fiscal 

9 year, the Secretary shall make a grant for such fis10 cal year to each metropolitan city and urban county 

11 that complies with the requirement under subsection 

12 (d), in the amount that bears the same ratio such 

13 total amount so allocated as the amount of the grant 

14 for such fiscal year under section 106 for such met15 ropolitan city or urban county bears to the aggre16 gate amount of all grants for such fiscal year under 

17 section 106 for all metropolitan cities and urban 

18 counties. 

19 ‘‘(2) STATES.—From the amounts allocated 

20 pursuant to subsection (b) for States for each fiscal 

21 year, the Secretary shall make a grant for such fis22 cal year to each State that complies with the re23 quirement under subsection (d), in the amount that 

24 bears the same ratio such total amount so allocated 

25 as the amount of the grant for such fiscal year 


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1 under section 106 for such State bears to the aggre2 gate amount of all grants for such fiscal year under 

3 section 106 for all States. Grant amounts received 

4 by a State shall be used only for eligible activities 

5 under subsection (e) carried out in nonentitlement 

6 areas of the State. 

7 ‘‘(3) INDIAN TRIBES.—From the amounts allo8 cated pursuant to subsection (b) for Indian tribes, 

9 the Secretary shall make grants to Indian tribes that 

10 comply with the requirement under subsection (d) on 

11 the basis of a competition conducted pursuant to 

12 specific criteria, as the Secretary shall establish by 

13 regulation, for the selection of Indian tribes to re14 ceive such amount. 

15 ‘‘(4) INSULAR AREAS.—From the amounts allo16 cated pursuant to subsection (b) for insular areas, 

17 the Secretary shall make a grant to each insular 

18 area that complies with the requirement under sub19 section (d) on the basis of the ratio of the population 

20 of the insular area to the aggregate population of all 

21 insular areas. In determining the distribution of 

22 amounts to insular areas, the Secretary may also in23 clude other statistical criteria as data become avail24 able from the Bureau of Census of the Department 

25 of Labor, but only if such criteria are set forth by 


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1 regulation issued after notice and an opportunity for 

2 comment. 

3 ‘‘(d) STATEMENT OF ACTIVITIES.— 

4 ‘‘(1) REQUIREMENT.—Before receipt the re5 ceipt in any fiscal year of a grant under subsection 

6 (c) by any grantee, the grantee shall have prepared 

7 a final statement of housing energy efficiency objec8 tives and projected use of funds as the Secretary 

9 shall require and shall have provided the Secretary 

10 with such certifications regarding such objectives 

11 and use as the Secretary may require. In the case 

12 of metropolitan cities, urban counties, units of gen13 eral local government, and insular areas receiving 

14 grants, the statement of projected use of funds shall 

15 consist of proposed housing energy efficiency activi16 ties. In the case of States receiving grants, the state17 ment of projected use of funds shall consist of the 

18 method by which the States will distribute funds to 

19 units of general local government. 

20 ‘‘(2) PUBLIC PARTICIPATION.—The Secretary 

21 may establish requirements to ensure the public 

22 availability of information regarding projected use of 

23 grant amounts and public participation in deter24 mining such projected use. 

25 ‘‘(e) ELIGIBLE ACTIVITIES.— 


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1 ‘‘(1) REQUIREMENT.—Amounts from a grant 

2 under this section may be used only to carry out ac3 tivities for single-family or multifamily housing that 

4 are designed to improve the energy efficiency of the 

5 housing so that the housing complies with the en6 ergy efficiency standards under section 4(a) of the 

7 Green Resources for Energy Efficient Neighbor8 hoods Act of 2009, including such activities to pro9 vide energy for such housing from renewable 

10 sources, such as wind, waves, solar, biomass, and 

11 geothermal sources. 

12 ‘‘(2) PREFERENCE FOR COMPLIANCE BEYOND

13 BASIC REQUIREMENTS.—In selecting activities to be 

14 funded with amounts from a grant under this sec15 tion, a grantee shall give more preference to activi16 ties based on the extent to which the activities will 

17 result in compliance by the housing with the en18 hanced energy efficiency and conservation standards, 

19 and the green building standards, under section 4(b) 

20 of such Act. 

21 ‘‘(f) REPORTS.—Each grantee of a grant under this 

22 section for a fiscal year shall submit to the Secretary, at 

23 a time determined by the Secretary, a performance and 

24 evaluation report concerning the use of grant amounts, 

25 which shall contain an assessment by the grantee of the 


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1 relationship of such use to the objectives identified in the 

2 grantees statement under subsection (d). 

3 ‘‘(g) APPLICABILITY OF CDBG PROVISIONS.—Sec4 tions 109, 110, and 111 of the Housing and Community 

5 Development Act of 1974 (42 U.S.C. 5309, 5310, 5311) 

6 shall apply to assistance received under this section to the 

7 same extent and in the same manner that such sections 

8 apply to assistance received under title I of such Act. 

9 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

10 is authorized to be appropriated for grants under this sec11 tion $2,500,000,000 for fiscal year 2010 and such sums 

12 as may be necessary for each fiscal year thereafter.’’. 

13 SEC. 17. INCLUDING SUSTAINABLE DEVELOPMENT AND 

14 TRANSPORTATION STRATEGIES IN COM15 PREHENSIVE HOUSING AFFORDABILITY 

16 STRATEGIES. 

17 Section 105(b) of the Cranston-Gonzalez National 

18 Affordable Housing Act (42 U.S.C. 12705(b)) is amend19 ed— 

20 (1) by striking ‘‘and’’ at the end of paragraph 

21 (19); 

22 (2) by striking the period at the end of para23 graph (20) and inserting ‘‘; and’’; 

24 (3) and by inserting after paragraph (20) the 

25 following new paragraphs: 


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1 ‘‘(21) describe the jurisdiction’s strategies to 

2 encourage sustainable development for affordable 

3 housing, including single-family and multifamily 

4 housing, as measured by— 

5 ‘‘(A) greater energy efficiency and use of 

6 renewable energy sources, including any strate7 gies regarding compliance with the energy effi8 ciency standards under section 4(a) of the 

9 Green Resources for Energy Efficient Neigh10 borhoods Act of 2009 and with the enhanced 

11 energy efficiency and conservation standards, 

12 and the green building standards, under section 

13 4(b) of such Act; 

14 ‘‘(B) increased conservation, recycling, and 

15 reuse of resources; 

16 ‘‘(C) more effective use of existing infra17 structure; 

18 ‘‘(D) use of building materials and meth19 ods that are healthier for residents of the hous20 ing, including use of building materials that are 

21 free of added known carcinogens that are classi22 fied as Group 1 Known Carcinogens by the 

23 International Agency for Research on Cancer; 

24 and 


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1 ‘‘(E) such other criteria as the Secretary 

2 determines, in consultation with the Secretary 

3 of Energy, the Secretary of Agriculture, and the 

4 Administrator of the Environmental Protection 

5 Agency, are in accordance with the purposes of 

6 this paragraph; and 

7 ‘‘(22) describe the jurisdiction’s efforts to co8 ordinate its housing strategy with its transportation 

9 planning strategies to ensure to the extent prac10 ticable that residents of affordable housing have ac11 cess to public transportation.’’. 

12 SEC. 18. GRANT PROGRAM TO INCREASE SUSTAINABLE 

13 LOW-INCOME COMMUNITY DEVELOPMENT 

14 CAPACITY. 

15 (a) IN GENERAL.—The Secretary may make grants 

16 to nonprofit organizations to use for any of the following 

17 purposes: 

18 (1) Training, educating, supporting, or advising 

19 an eligible community development organization or 

20 qualified youth service and conservation corps in im21 proving energy efficiency, resource conservation and 

22 reuse, design strategies to maximize energy effi23 ciency, installing or constructing renewable energy 

24 improvements (such as wind, wave, solar, biomass, 

25 and geothermal energy sources), and effective use of 


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1 existing infrastructure in affordable housing and 

2 economic development activities in low-income com3 munities, taking into consideration energy efficiency 

4 standards under section 4(a) of this Act and with 

5 the enhanced energy efficiency and conservation 

6 standards, and the green building standards, under 

7 section 4(b) of this Act. 

8 (2) Providing loans, grants, or predevelopment 

9 assistance to eligible community development organi10 zations or qualified youth service and conservation 

11 corps to carry out energy efficiency improvements 

12 that comply with the energy efficiency standards 

13 under section 4(a) of this Act, resource conservation 

14 and reuse, and effective use of existing infrastruc15 ture in affordable housing and economic develop16 ment activities in low-income communities. In pro17 viding assistance under this paragraph, the Sec18 retary shall give more preference to activities based 

19 on the extent to which the activities will result in 

20 compliance with the enhanced energy efficiency and 

21 conservation standards, and the green building 

22 standards, under section 4(b) of this Act. 

23 (3) Such other purposes as the Secretary deter24 mines are in accordance with the purposes of this 

25 subsection. 


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1 (b) APPLICATION REQUIREMENT.—To be eligible for 

2 a grant under this section, a nonprofit organization shall 

3 prepare and submit to the Secretary an application at 

4 such time, in such manner, and containing such informa5 tion as the Secretary may require. 

6 (c) AWARD OF CONTRACTS.—Contracts for architec7 tural or engineering services funded with amounts from 

8 grants made under this section shall be awarded in accord9 ance with chapter 11 of title 40, United States Code (re10 lating to selection of architects and engineers). 

11 (d) MATCHING REQUIREMENT.—A grant made under 

12 this section may not exceed the amount that the nonprofit 

13 organization receiving the grant certifies, to the Secretary, 

14 will be provided (in cash or in-kind) from nongovernmental 

15 sources to carry out the purposes for which the grant is 

16 made. 

17 (e) DEFINITIONS.—For purposes of this section, the 

18 following definitions shall apply: 

19 (1) The term ‘‘nonprofit organization’’ has the 

20 meaning given such term in section 104 of the Cran21 ston-Gonzalez National Affordable Housing Act (42 

22 U.S.C. 12704). 

23 (2) The term ‘‘eligible community development 

24 organization’’ means— 


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1 (A) a unit of general local government (as 

2 defined in section 104 of the Cranston-Gonzalez 

3 National Affordable Housing Act (42 U.S.C. 

4 12704)); 

5 (B) a community housing development or6 ganization (as defined in section 104 of the 

7 Cranston-Gonzalez National Affordable Hous8 ing Act (42 U.S.C. 12704)); 

9 (C) an Indian tribe or tribally designated 

10 housing entity (as such terms are defined in 

11 section 4 of the Native American Housing As12 sistance and Self-Determination Act of 1996 

13 (25 U.S.C. 4103)); or 

14 (D) a public housing agency, as such term 

15 is defined in section 3(b) of the United States 

16 Housing Act of 1937 (42 U.S.C. 1437(b)). 

17 (3) The term ‘‘low-income community’’ means a 

18 census tract in which 50 percent or more of the 

19 households have an income which is less than 80 

20 percent of the greater of— 

21 (A) the median gross income for such year 

22 for the area in which such census tract is lo23 cated; or 


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1 (B) the median gross income for such year 

2 for the State in which such census tract is lo3 cated. 

4 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to the Secretary to carry 

6 out this section $10,000,000 for each of fiscal years 2010 

7 through 2014. 

8 SEC. 19. HOPE VI GREEN DEVELOPMENTS REQUIREMENT. 

9 (a) MANDATORY COMPONENT.—Section 24(e) of the 

10 United States Housing Act of 1937 (42 U.S.C. 1437v(e)) 

11 is amended by adding at the end the following new para12 graph: 

13 ‘‘(4) GREEN DEVELOPMENTS REQUIREMENT.— 

14 ‘‘(A) REQUIREMENT.—The Secretary may 

15 not make a grant under this section to an appli16 cant unless the proposed revitalization plan of 

17 the applicant to be carried out with such grant 

18 amounts meets the following requirements: 

19 ‘‘(i) GREEN COMMUNITIES CRITERIA

20 CHECKLIST.—All residential construction 

21 under the proposed plan complies with the 

22 national Green Communities criteria 

23 checklist for residential construction that 

24 provides criteria for the design, develop25 ment, and operation of affordable housing, 


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1 as such checklist is in effect for purposes 

2 of this paragraph pursuant to subpara3 graph (D) at the date of the application 

4 for the grant, or any substantially equiva5 lent standard or standards as determined 

6 by the Secretary, as follows: 

7 ‘‘(I) The proposed plan shall 

8 comply with all items of the national 

9 Green Communities criteria checklist 

10 for residential construction that are 

11 identified as mandatory. 

12 ‘‘(II) The proposed plan shall 

13 comply with such other nonmandatory 

14 items of such national Green Commu15 nities criteria checklist so as to result 

16 in a cumulative number of points at17 tributable to such nonmandatory 

18 items under such checklist of not less 

19 than— 

20 ‘‘(aa) 25 points, in the case 

21 of any proposed plan (or portion 

22 thereof) consisting of new con23 struction; and 

24 ‘‘(bb) 20 points, in the case 

25 of any proposed plan (or portion 


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1 thereof) consisting of rehabilita2 tion. 

3 ‘‘(ii) GREEN BUILDINGS CERTIFI4 CATION SYSTEM.—All nonresidential con5 struction under the proposed plan complies 

6 with all minimum required levels of the 

7 green building rating systems and levels 

8 identified by the Secretary pursuant to 

9 subparagraph (C), as such systems and 

10 levels are in effect for purposes of this 

11 paragraph pursuant to subparagraph (D) 

12 at the time of the application for the 

13 grant. 

14 ‘‘(B) VERIFICATION.— 

15 ‘‘(i) IN GENERAL.—The Secretary 

16 shall verify, or provide for verification, suf17 ficient to ensure that each proposed revi18 talization plan carried out with amounts 

19 from a grant under this section complies 

20 with the requirements under subparagraph 

21 (A) and that the revitalization plan is car22 ried out in accordance with such require23 ments and plan. 

24 ‘‘(ii) TIMING.—In providing for such 

25 verification, the Secretary shall establish 


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1 procedures to ensure such compliance with 

2 respect to each grantee, and shall report to 

3 the Congress with respect to the compli4 ance of each grantee, at each of the fol5 lowing times: 

6 ‘‘(I) Not later than 6 months 

7 after execution of the grant agreement 

8 under this section for the grantee. 

9 ‘‘(II) Upon completion of the re10 vitalization plan of the grantee. 

11 ‘‘(C) IDENTIFICATION OF GREEN BUILD12 INGS RATING SYSTEMS AND LEVELS.— 

13 ‘‘(i) IN GENERAL.—For purposes of 

14 this paragraph, the Secretary shall identify 

15 rating systems and levels for green build16 ings that the Secretary determines to be 

17 the most likely to encourage a comprehen18 sive and environmentally sound approach 

19 to ratings and standards for green build20 ings. The identification of the ratings sys21 tems and levels shall be based on the cri22 teria specified in clause (ii), shall identify 

23 the highest levels the Secretary determines 

24 are appropriate above the minimum levels 

25 required under the systems selected. WithVerDate Nov 24 2008 02:29 May 12, 2009 Jkt 079200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H2336.IH H2336

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1 in 90 days of the completion of each study 

2 required by clause (iii), the Secretary shall 

3 review and update the rating systems and 

4 levels, or identify alternative systems and 

5 levels for purposes of this paragraph, tak6 ing into account the conclusions of such 

7 study. 

8 ‘‘(ii) CRITERIA.—In identifying the 

9 green rating systems and levels, the Sec10 retary shall take into consideration— 

11 ‘‘(I) the ability and availability of 

12 assessors and auditors to independ13 ently verify the criteria and measure14 ment of metrics at the scale necessary 

15 to implement this paragraph; 

16 ‘‘(II) the ability of the applicable 

17 ratings system organizations to collect 

18 and reflect public comment; 

19 ‘‘(III) the ability of the standards 

20 to be developed and revised through a 

21 consensus-based process; 

22 ‘‘(IV) An evaluation of the 

23 robustness of the criteria for a high24 performance green building, which 

25 shall give credit for promoting— 


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1 ‘‘(aa) efficient and sustain2 able use of water, energy, and 

3 other natural resources; 

4 ‘‘(bb) use of renewable en5 ergy sources; 

6 ‘‘(cc) improved indoor and 

7 outdoor environmental quality 

8 through enhanced indoor and 

9 outdoor air quality, thermal com10 fort, acoustics, outdoor noise pol11 lution, day lighting, pollutant 

12 source control, sustainable land13 scaping, and use of building sys14 tem controls and low- or no-emis15 sion materials, including pref16 erence for materials with no 

17 added carcinogens that are classi18 fied as Group 1 Known Carcino19 gens by the International Agency 

20 for Research on Cancer; and 

21 ‘‘(dd) such other criteria as 

22 the Secretary determines to be 

23 appropriate; and 

24 ‘‘(V) national recognition within 

25 the building industry. 


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1 ‘‘(iii) 5-YEAR EVALUATION.—At least 

2 once every 5 years, the Secretary shall con3 duct a study to evaluate and compare 

4 available third-party green building rating 

5 systems and levels, taking into account the 

6 criteria listed in clause (ii). 

7 ‘‘(D) APPLICABILITY AND UPDATING OF

8 STANDARDS.— 

9 ‘‘(i) APPLICABILITY.—Except as pro10 vided in clause (ii) of this subparagraph, 

11 the national Green Communities criteria 

12 checklist and green building rating systems 

13 and levels referred to in clauses (i) and (ii) 

14 of subparagraph (A) that are in effect for 

15 purposes of this paragraph are such check16 list systems, and levels as in existence 

17 upon the date of the enactment of the 

18 Green Resources for Energy Efficient 

19 Neighborhoods Act of 2009. 

20 ‘‘(ii) UPDATING.—The Secretary may, 

21 by regulation, adopt and apply, for pur22 poses of this paragraph, future amend23 ments and supplements to, and editions of, 

24 the national Green Communities criteria 

25 checklist, any standard or standards that 


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1 the Secretary has determined to be sub2 stantially equivalent to such checklist, and 

3 the green building ratings systems and lev4 els identified by the Secretary pursuant to 

5 subparagraph (C).’’. 

6 (b) SELECTION CRITERIA; GRADED COMPONENT.— 

7 Section 24(e)(2) of the United States Housing Act of 

8 1937 (42 U.S.C. 1437v(e)(2)) is amended— 

9 (1) in subparagraph (K), by striking ‘‘and’’ at 

10 the end; 

11 (2) by redesignating subparagraph (L) as sub12 paragraph (M); and 

13 (3) by inserting after subparagraph (K) the fol14 lowing new subparagraph: 

15 ‘‘(L) the extent to which the proposed revi16 talization plan— 

17 ‘‘(i) in the case of residential con18 struction, complies with the nonmandatory 

19 items of the national Green Communities 

20 criteria checklist identified in paragraph 

21 (4)(A)(i), or any substantially equivalent 

22 standard or standards as determined by 

23 the Secretary, but only to the extent such 

24 compliance exceeds the compliance necVerDate Nov 24 2008 02:29 May 12, 2009 Jkt 079200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H2336.IH H2336

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1 essary to accumulate the number of points 

2 required under such paragraph; and 

3 ‘‘(ii) in the case of nonresidential con4 struction, complies with the components of 

5 the green building rating systems and lev6 els identified by the Secretary pursuant to 

7 paragraph (4)(C), but only to the extent 

8 such compliance exceeds the minimum level 

9 required under such systems and levels; 

10 and’’. 

11 SEC. 20. CONSIDERATION OF ENERGY EFFICIENCY IM12 PROVEMENTS IN APPRAISALS. 

13 (a) APPRAISALS IN CONNECTION WITH FEDERALLY

14 RELATED TRANSACTIONS.— 

15 (1) REQUIREMENT.—Section 1110 of the Fi16 nancial Institutions Reform, Recovery, and Enforce17 ment Act of 1989 (12 U.S.C. 3339) is amended— 

18 (A) in paragraph (1), by striking ‘‘and’’ at 

19 the end; 

20 (B) by redesignating paragraph (2) as 

21 paragraph (3); and 

22 (C) by inserting after paragraph (1) the 

23 following new paragraph: 

24 ‘‘(2) that such appraisals be performed in ac25 cordance with appraisal standards that require, in 


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1 determining the value of a property, consideration of 

2 any renewable energy sources for, or energy effi3 ciency or energy-conserving improvements or fea4 tures of, the property; and’’. 

5 (2) REVISION OF APPRAISAL STANDARDS.— 

6 Each Federal financial institutions regulatory agen7 cy shall, not later than 6 months after the date of 

8 the enactment of this Act, revise its standards for 

9 the performance of real estate appraisals in connec10 tion with federally related transactions under the ju11 risdiction of the agency to comply with the require12 ment under the amendments made by paragraph (1) 

13 of this subsection. 

14 (b) APPRAISER CERTIFICATION AND LICENSING RE15 QUIREMENTS.—Section 1116 of the Financial Institutions 

16 Reform, Recovery, and Enforcement Act of 1989 (12 

17 U.S.C. 3345) is amended— 

18 (1) in subsection (a), by inserting before the pe19 riod at the end the following: ‘‘, and meets the re20 quirements established pursuant to subsection (f) for 

21 qualifications regarding consideration of any renew22 able energy sources for, or energy efficiency or en23 ergy-conserving improvements or features of, the 

24 property’’; 


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1 (2) in subsection (c), by inserting before the pe2 riod at the end the following: ‘‘, which shall include 

3 compliance with the requirements established pursu4 ant to subsection (f) regarding consideration of any 

5 renewable energy sources for, or energy efficiency or 

6 energy-conserving improvements or features of, the 

7 property’’; 

8 (3) in subsection (e), by striking ‘‘The’’ and in9 serting ‘‘Except as provided in subsection (f), the’’; 

10 and 

11 (4) by adding at the end the following new sub12 section: 

13 ‘‘(f) REQUIREMENTS FOR APPRAISERS REGARDING

14 ENERGY EFFICIENCY FEATURES.—The Appraisal Sub15 committee shall establish requirements for State certifi16 cation of State certified real estate appraisers and for 

17 State licensing of State licensed appraisers, to ensure that 

18 appraisers consider and are qualified to consider, in deter19 mining the value of a property, any renewable energy 

20 sources for, or energy efficiency or energy-conserving im21 provements or features of, the property.’’. 

22 (c) GUIDELINES FOR APPRAISING PHOTOVOLTAIC

23 MEASURES AND TRAINING OF APPRAISERS.—Section 

24 1122 of the Financial Institutions Reform, Recovery, and 


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1 Enforcement Act of 1989 (12 U.S.C. 3351) is amended 

2 by adding at the end the following new subsection: 

3 ‘‘(g) GUIDELINES FOR APPRAISING PHOTOVOLTAIC

4 MEASURES AND TRAINING OF APPRAISERS.—The Ap5 praisal Subcommittee shall, in consultation with the Sec6 retary of Housing and Urban Development, the Federal 

7 National Mortgage Association, and the Federal Home 

8 Loan Mortgage Corporation, establish specific guidelines 

9 for— 

10 ‘‘(1) appraising off- and on-grid photovoltaic 

11 measures for compliance with the appraisal stand12 ards prescribed pursuant to section 1110(2); 

13 ‘‘(2) requirements under section 1116(f) for 

14 certification of State certified real estate appraisers 

15 and for State licensing of State licensed appraisers, 

16 to ensure that appraisers consider, and are qualified 

17 to consider, such photovoltaic measures in deter18 mining the value of a property; and 

19 ‘‘(3) training of appraisers to meet the require20 ments established pursuant to paragraph (2) of this 

21 subsection.’’. 

22 SEC. 21. HOUSING ASSISTANCE COUNCIL. 

23 The Secretary shall require the Housing Assistance 

24 Council— 


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1 (1) to encourage each organization that receives 

2 assistance from the Council with any amounts made 

3 available from the Secretary to provide that any 

4 structures and buildings developed or assisted under 

5 projects, programs, and activities funded with such 

6 amounts complies with the energy efficiency stand7 ards under section 4(a) of this Act; and 

8 (2) to establish incentives to encourage each 

9 such organization to provide that any such struc10 tures and buildings comply with the energy effi11 ciency and conservation standards, and the green 

12 building standards, under section 4(b) of such Act. 

13 SEC. 22. RURAL HOUSING AND ECONOMIC DEVELOPMENT 

14 ASSISTANCE. 

15 The Secretary shall— 

16 (1) require each tribe, agency, organization, 

17 corporation, and other entity that receives any as18 sistance from the Office of Rural Housing and Eco19 nomic Development of the Department of Housing 

20 and Urban Development to provide that any struc21 tures and buildings developed or assisted under ac22 tivities funded with such amounts complies with the 

23 energy efficiency standards under section 4(a) of 

24 this Act; and 


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1 (2) establish incentives to encourage each such 

2 tribe, agency, organization, corporation, and other 

3 entity to provide that any such structures and build4 ings comply with the enhanced energy efficiency and 

5 conservation standards, and the green building 

6 standards, under section 4(b) of such Act. 

7 SEC. 23. REVOLVING FUND FOR LOANS TO STATES AND IN8 DIAN TRIBES TO CARRY OUT RENEWABLE EN9 ERGY SOURCES ACTIVITIES. 

10 (a) ESTABLISHMENT OF FUND.—There is estab11 lished in the Treasury of the United States a revolving 

12 fund, to be known as the ‘‘Alternative Energy Sources 

13 State Revolving Fund’’. 

14 (b) CREDITS.—The Fund shall be credited with— 

15 (1) any amounts appropriated to the Fund pur16 suant to subsection (g); 

17 (2) any amounts of principal and interest from 

18 loan repayments received by the Secretary pursuant 

19 to subsection (d)(7); and 

20 (3) any interest earned on investments of 

21 amounts in the Fund pursuant to subsection (e). 

22 (c) EXPENDITURES.— 

23 (1) IN GENERAL.—Subject to paragraph (2), on 

24 request by the Secretary, the Secretary of the Treas25 ury shall transfer from the Fund to the Secretary 


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1 such amounts as the Secretary determines are nec2 essary to provide loans under subsection (d)(1). 

3 (2) ADMINISTRATIVE EXPENSES.—Of the 

4 amounts in the Fund, not more than 5 percent shall 

5 be available for each fiscal year to pay the adminis6 trative expenses of the Department of Housing and 

7 Urban Development to carry out this section. 

8 (d) LOANS TO STATES AND INDIAN TRIBES.— 

9 (1) IN GENERAL.—The Secretary shall use 

10 amounts in the Fund to provide loans to States and 

11 Indian tribes to provide incentives to owners of sin12 gle-family and multifamily housing, commercial 

13 properties, and public buildings to provide— 

14 (A) renewable energy sources for such 

15 structures, such as wind, wave, solar, biomass, 

16 or geothermal energy sources, including incen17 tives to companies and business to change their 

18 source of energy to such renewable energy 

19 sources and for changing the sources of energy 

20 for public buildings to such renewable energy 

21 sources; 

22 (B) energy efficiency and energy-con23 serving improvements and features for such 

24 structures; or 


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1 (C) infrastructure related to the delivery of 

2 electricity and hot water for structures lacking 

3 such amenities. 

4 (2) ELIGIBILITY.—To be eligible to receive a 

5 loan under this subsection, a State or Indian tribe, 

6 directly or through an appropriate State or tribal 

7 agency, shall submit to the Secretary an application 

8 at such time, in such manner, and containing such 

9 information as the Secretary may require. 

10 (3) CRITERIA FOR APPROVAL.—The Secretary 

11 may approve an application of a State or Indian 

12 tribe under paragraph (2) only if the Secretary de13 termines that the State or tribe will use the funds 

14 from the loan under this subsection to carry out a 

15 program to provide incentives described in para16 graph (1) that— 

17 (A) requires that any such renewable en18 ergy sources, and energy efficiency and energy19 conserving improvements and features, devel20 oped pursuant to assistance under the program 

21 result in compliance of the structure so im22 proved with the energy efficiency standards 

23 under section 4(a) of this Act; and 

24 (B) includes such compliance and audit re25 quirements as the Secretary determines are necVerDate Nov 24 2008 01:44 May 14, 2009 Jkt 079200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H2336.IH H2336

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1 essary to ensure that the program is operated 

2 in a sound and effective manner. 

3 (4) PREFERENCE.—In making loans during 

4 each fiscal year, the Secretary shall give preference 

5 to States and Indian tribes that have not previously 

6 received a loan under this subsection. 

7 (5) MAXIMUM AMOUNT.—The aggregate out8 standing principal amount from loans under this 

9 subsection to any single State or Indian tribe may 

10 not exceed $500,000,000. 

11 (6) LOAN TERMS.—Each loan under this sub12 section shall have a term to maturity of not more 

13 than 10 years and shall bear interest at annual rate, 

14 determined by the Secretary, that shall not exceed 

15 interest rate charged by the Federal Reserve Bank 

16 of New York to commercial banks and other deposi17 tory institutions for very short-term loans under the 

18 primary credit program, as most recently published 

19 in the Federal Reserve Statistical Release on se20 lected interest rates (daily or weekly), and commonly 

21 referred to as the H.15 release, preceding the date 

22 of a determination for purposes of applying this 

23 paragraph. 


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1 (7) LOAN REPAYMENT.—The Secretary shall 

2 require full repayment of each loan made under this 

3 section. 

4 (e) INVESTMENT OF AMOUNTS.— 

5 (1) IN GENERAL.—The Secretary of the Treas6 ury shall invest such amounts in the Fund that are 

7 not, in the judgment of the Secretary of the Treas8 ury, required to meet needs for current withdrawals. 

9 (2) OBLIGATIONS OF UNITED STATES.—Invest10 ments may be made only in interest-bearing obliga11 tions of the United States. 

12 (f) REPORTS.— 

13 (1) REPORTS TO SECRETARY.—For each year 

14 during the term of a loan made under subsection 

15 (d), the State or Indian tribe that received the loan 

16 shall submit to the Secretary a report describing the 

17 State or tribal alternative energy sources program 

18 for which the loan was made and the activities con19 ducted under the program using the loan funds dur20 ing that year. 

21 (2) REPORT TO CONGRESS.—Not later than 

22 September 30 of each year that loans made under 

23 subsection (d) are outstanding, the Secretary shall 

24 submit a report to the Congress describing the total 

25 amount of such loans provided under subsection (d) 


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1 to each eligible State and Indian tribe during the fis2 cal year ending on such date, and an evaluation on 

3 effectiveness of the Fund. 

4 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to the Fund 

6 $5,000,000,000. 

7 (h) DEFINITIONS.—For purposes of this section, the 

8 following definitions shall apply: 

9 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

10 has the meaning given such term in section 4 of the 

11 Native American Housing Assistance and Self-De12 termination Act of 1996 (25 U.S.C. 4103). 

13 (2) STATE.—The term ‘‘State’’ means each of 

14 the several States, the Commonwealth of Puerto 

15 Rico, the District of Columbia, the Commonwealth 

16 of the Northern Mariana Islands, Guam, the Virgin 

17 Islands, American Samoa, the Trust Territories of 

18 the Pacific, or any other possession of the United 

19 States. 

20 SEC. 24. GREEN BANKING CENTERS. 

21 (a) INSURED DEPOSITORY INSTITUTIONS.—Section 8 

22 of the Federal Deposit Insurance Act (12 U.S.C. 1818) 

23 is amended by adding at the end the following new sub24 section: 

25 ‘‘(x) ‘GREEN BANKING’ CENTERS.— 


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1 ‘‘(1) IN GENERAL.—The Federal banking agen2 cies shall prescribe guidelines encouraging the estab3 lishment and maintenance of ‘green banking’ centers 

4 by insured depository institutions to provide any 

5 consumer who seeks information on obtaining a 

6 mortgage, home improvement loan, home equity 

7 loan, or renewable energy lease with additional infor8 mation on— 

9 ‘‘(A) obtaining an home energy rating or 

10 audit for the residence for which such mortgage 

11 or loan is sought; 

12 ‘‘(B) obtaining financing for cost-effective 

13 energy-saving improvements to such property; 

14 and 

15 ‘‘(C) obtaining beneficial terms for any 

16 mortgage or loan, or qualifying for a larger 

17 mortgage or loan, secured by a residence which 

18 meets or will meet energy efficiency standards. 

19 ‘‘(2) INFORMATION AND REFERRALS.—The in20 formation made available to consumers under para21 graph (1) may include— 

22 ‘‘(A) information on obtaining a home en23 ergy rating and contact information on quali24 fied energy raters in the area of the residence; 


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1 ‘‘(B) information on the secondary market 

2 guidelines that permit lenders to provide more 

3 favorable terms by allowing lenders to increase 

4 the ratio on debt-to-income requirements or to 

5 use the projected utility savings as a compen6 sating factor; 

7 ‘‘(C) information including eligibility infor8 mation about, and contact information for, any 

9 conservation or renewable energy programs, 

10 grants, or loans offered by the Secretary of 

11 Housing and Urban Development, including the 

12 Energy Efficient Mortgage Program; 

13 ‘‘(D) information including eligibility infor14 mation about, and contact information for, any 

15 conservation or renewable energy programs, 

16 grants, or loans offered for qualified military 

17 personal, reservists, and veterans by the Sec18 retary of Veterans Affairs; 

19 ‘‘(E) information about, and contact infor20 mation for, the Office of Efficiency and Renew21 able Energy at the Department of Energy, in22 cluding the weatherization assistance program; 

23 ‘‘(F) information about, and contact infor24 mation for, the Energy Star Program of the 

25 Environmental Protection Agency; 


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1 ‘‘(G) information from, and contact infor2 mation for, the Federal Citizen Information 

3 Center of the General Services Administration 

4 on energy-efficient mortgages and loans, home 

5 energy rating systems, and the availability of 

6 energy-efficient mortgage information from a 

7 variety of Federal agencies; and 

8 ‘‘(H) such other information as the agen9 cies or the insured depository institution may 

10 determine to be appropriate or useful.’’. 

11 (b) INSURED CREDIT UNIONS.—Section 206 of the 

12 Federal Credit Union Act (12 U.S.C. 1786) is amended 

13 by adding at the end the following new subsection: 

14 ‘‘(x) ‘GREEN BANKING’ CENTERS.— 

15 ‘‘(1) IN GENERAL.—The Board shall prescribe 

16 guidelines encouraging the establishment and main17 tenance of ‘green banking’ centers by insured credit 

18 unions to provide any member who seeks informa19 tion on obtaining a mortgage, home improvement 

20 loan, home equity loan, or renewable energy lease 

21 with additional information on— 

22 ‘‘(A) obtaining an home energy rating or 

23 audit for the residence for which such mortgage 

24 or loan is sought; 


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1 ‘‘(B) obtaining financing for cost-effective 

2 energy-saving improvements to such property; 

3 and 

4 ‘‘(C) obtaining beneficial terms for any 

5 mortgage or loan, or qualifying for a larger 

6 mortgage or loan, secured by a residence which 

7 meets or will meet energy efficiency standards. 

8 ‘‘(2) INFORMATION AND REFERRALS.—The in9 formation made available to members under para10 graph (1) may include— 

11 ‘‘(A) information on obtaining a home en12 ergy rating and contact information on quali13 fied energy raters in the area of the residence; 

14 ‘‘(B) information on the secondary market 

15 guidelines that permit lenders to provide more 

16 favorable terms by allowing lenders to increase 

17 the ratio on debt-to-income requirements or to 

18 use the projected utility savings as a compen19 sating factor; 

20 ‘‘(C) information including eligibility infor21 mation about, and contact information for, any 

22 conservation or renewable energy programs, 

23 grants, or loans offered by the Secretary of 

24 Housing and Urban Development, including the 

25 Energy Efficient Mortgage Program; 


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1 ‘‘(D) information including eligibility infor2 mation about, and contact information for, any 

3 conservation or renewable energy programs, 

4 grants, or loans offered for qualified military 

5 personal, reservists, and veterans by the Sec6 retary of Veterans Affairs; 

7 ‘‘(E) information about, and contact infor8 mation for, the Office of Efficiency and Renew9 able Energy at the Department of Energy, in10 cluding the weatherization assistance program; 

11 ‘‘(F) information from, and contact infor12 mation for, the Federal Citizen Information 

13 Center of the General Services Administration 

14 on energy-efficient mortgages and loans, home 

15 energy rating systems, and the availability of 

16 energy-efficient mortgage information from a 

17 variety of Federal agencies; and 

18 ‘‘(G) such other information as the Board 

19 or the insured credit union may determine to be 

20 appropriate or useful.’’. 

21 SEC. 25. GAO REPORTS ON AVAILABILITY OF AFFORDABLE 

22 MORTGAGES. 

23 (a) STUDY.—The Comptroller General of the United 

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1 ments made by this Act on the availability of affordable 

2 mortgages in various areas throughout the United States, 

3 including cities having older infrastructure and limited 

4 space for the development of new housing. 

5 (b) TRIENNIAL REPORTS.—The Comptroller General 

6 shall submit a report once every 3 years to the Committee 

7 on Financial Services of the House of Representatives and 

8 the Committee on Banking, Housing, and Urban Affairs 

9 of the Senate that shall include— 

10 (1) a detailed statement of the most recent 

11 findings pursuant to subsection (a); and 

12 (2) if the Comptroller General finds that this 

13 Act or the amendments made by this Act have di14 rectly or indirectly resulted in consequences that 

15 limit the availability or affordability of mortgages in 

16 any area or areas within the United States, includ17 ing any city having older infrastructure and limited 

18 space for the development of new housing, any rec19 ommendations for any additional actions at the Fed20 eral, State, or local levels that the Comptroller Gen21 eral considers necessary or appropriate to mitigate 

22 such effects. 

23 The first report under this subsection shall be submitted 

24 not later than the expiration of the 3-year period begin25 ning on the date of the enactment of this Act. 


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1 SEC. 26. PUBLIC HOUSING ENERGY COST REPORT. 

2 (a) COLLECTION OF INFORMATION BY HUD.—The 

3 Secretary of Housing and Urban Development shall obtain 

4 from each public housing agency, by such time as may 

5 be necessary to comply with the reporting requirement 

6 under subsection (b), information regarding the energy 

7 costs for public housing administered or operated by the 

8 agency. For each public housing agency, such information 

9 shall include the monthly energy costs associated with 

10 each separate building and development of the agency, for 

11 the most recently completed 12-month period for which 

12 such information is available, and such other information 

13 as the Secretary determines is appropriate in determining 

14 which public housing buildings and developments are most 

15 in need of repairs and improvements to reduce energy 

16 needs and costs and become more energy efficient. 

17 (b) REPORT.—Not later than the expiration of the 

18 12-month period beginning on the date of the enactment 

19 of this Act, the Secretary of Housing and Urban Develop20 ment shall submit a report to the Congress setting forth 

21 the information collected pursuant to subsection (a). 

22 SEC. 27. INSURANCE COVERAGE FOR LOANS FOR FINANC23 ING OF RENEWABLE ENERGY SYSTEMS 

24 LEASED FOR RESIDENTIAL USE. 

25 (a) PURPOSES.—The purposes of this section are— 


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1 (1) to encourage residential use of renewable 

2 energy systems by minimizing up-front costs and 

3 providing immediate utility cost savings to con4 sumers through leasing of such systems to home5 owners; 

6 (2) to reduce carbon emissions and the use of 

7 nonrenewable resources; 

8 (3) to encourage energy-efficient residential 

9 construction and rehabilitation; 

10 (4) to encourage the use of renewable resources 

11 by homeowners; 

12 (5) to minimize the impact of development on 

13 the environment; 

14 (6) to reduce consumer utility costs; and 

15 (7) to encourage private investment in the 

16 green economy. 

17 (b) AUTHORITY.—The Secretary of Housing and 

18 Urban Development may, upon application by an author19 ized renewable energy lender and in accordance with such 

20 terms and conditions as the Secretary may prescribe, con21 sistent with the purposes of this section, make commit22 ments to insure, and insure, loans made by such lenders 

23 to homebuilders, renewable energy installers or manufac24 turers, public or private corporations or partnerships, as25 sociations, trusts, or other qualified persons or entities, 


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1 to finance the acquisition of renewable energy systems for 

2 lease to homeowners for use at their residences. 

3 (c) EFFECTIVE DATE OF INSURANCE.—Insurance 

4 provided pursuant to this section for a loan shall become 

5 effective only upon the expiration of the 5-year period be6 ginning upon the original execution of a renewable energy 

7 system lease (as such term is defined in subsection (p)) 

8 for the renewable energy system. 

9 (d) LIMITATION ON PRINCIPAL AMOUNT.— 

10 (1) LIMITATION.—The principal amount of the 

11 loan insured under this section shall not exceed the 

12 residual value of the renewable energy system. 

13 (2) RESIDUAL VALUE.—For purposes of this 

14 subsection— 

15 (A) the residual value of a renewable en16 ergy system shall be the amount that is equal 

17 to the fair market value of the future revenue 

18 stream from the sale of the expected remaining 

19 electricity production from the system, pursuant 

20 to the easement granted in accordance with 

21 subsection (e); and 

22 (B) the fair market value of the future rev23 enue stream for each year of the remaining life 

24 of the renewable energy system shall be deter25 mined based on the net present value of the reVerDate Nov 24 2008 02:29 May 12, 2009 Jkt 079200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H2336.IH H2336

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1 newable energy system manufacturer’s power 

2 output production warranty for the system and 

3 the forecast of regional residential electricity 

4 prices made by the Energy Information Admin5 istration of the Department of Energy. 

6 (e) EASEMENT FOR SALE OF REMAINING ELEC7 TRICITY.—The Secretary may not insure a loan for financ8 ing of renewable energy systems under this section unless 

9 the borrower under the loan ensures, in accordance with 

10 such requirements as the Secretary shall establish, con11 sistent with the purposes of this section, that the systems 

12 financed will be leased only to homeowners that grant 

13 easements sufficient to provide for the sale of remaining 

14 electricity production from the system to a wholesale or 

15 retail electrical power grid. 

16 (f) DISCOUNT OR PREPAYMENT.—To encourage utili17 zation of renewable energy systems, the Secretary shall en18 sure that a homebuilder’s or other investor’s discount or 

19 prepayment of a homeowner’s renewable energy system 

20 lease shall not adversely affect that homeowner’s mortgage 

21 requirements. 

22 (g) ELIGIBILITY OF LENDERS.—The Secretary may 

23 not insure a loan under this section unless the lender mak24 ing the loan— 


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1 (1)(A) is an institution that qualifies as a green 

2 banking center pursuant to section 8(x) of the Fed3 eral Deposit Insurance Act (12 U.S.C. 1818(x)) or 

4 section 206(x) of the Federal Credit Union Act (12 

5 U.S.C. 1786(x)); or 

6 (B) meets such other requirements as the Sec7 retary shall establish for participation of renewable 

8 energy lenders in the program under this section; 

9 and 

10 (2) meets such qualifications as the Secretary 

11 shall establish for all lenders for participation in the 

12 program under this section and is approved by the 

13 Secretary as meeting such qualifications. 

14 (h) CERTIFICATE OF INSURANCE.—Insurance of a 

15 loan under this section shall be evidenced by a certificate 

16 of insurance coverage issued by the Secretary to the lender 

17 under the loan. Such certificate shall set forth the fair 

18 market value of the future revenue stream for each year 

19 of the remaining life of the renewable energy system as 

20 determined in accordance with subsection (d). 

21 (i) PAYMENT OF INSURANCE.— 

22 (1) IN GENERAL.—The Secretary shall provide 

23 for the filing of claims for insurance under this sec24 tion and the payment of such claims. A claim may 

25 be paid only upon a default under the loan insured 


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1 under this section and the assignment, transfer, and 

2 delivery to the Secretary of all rights and interests 

3 arising under the loan and all claims of the lender 

4 or the assigns of the lender against the borrower or 

5 others arising under the loan transaction. 

6 (2) LIEN.—Upon payment of a claim for insur7 ance of a loan under this section, the Secretary shall 

8 be granted a lien on the underlying renewable energy 

9 system assets and any associated revenue stream 

10 from use of that system, which shall be superior to 

11 all other liens on such assets, and the residual value 

12 of that system and the revenue stream shall be at 

13 least equal to the unpaid balance of the loan amount 

14 covered by the certificate of insurance. The Sec15 retary shall be entitled to any revenue generated by 

16 the renewable energy system from selling electricity 

17 to the grid when an insurance claim has been paid 

18 out. 

19 (j) ASSIGNMENT AND TRANSFERABILITY OF INSUR20 ANCE.—The holder of insurance provided under this sec21 tion may assign or transfer the insurance in whole or in 

22 part, to another lender, subject to such requirements as 

23 the Secretary may prescribe. 

24 (k) PREMIUMS AND CHARGES.— 


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1 (1) INSURANCE FEE.—The Secretary shall fix 

2 and collect premiums for insurance of loans under 

3 this section, that shall be paid by the qualified appli4 cant at the time of issuance of the certificate of in5 surance to the lender and shall be adequate, in the 

6 determination of the Secretary, to cover expenses 

7 and probable losses, including any costs (as such 

8 term is defined in section 502 of the Federal Credit 

9 Reform Act of 1990 (2 U.S.C. 661a) of loan insur10 ance under this section. In no event may such pre11 mium exceed 3 percent of the principal obligation of 

12 the loan being insured. The Secretary shall deposit 

13 any premiums collected under this subsection in the 

14 Renewable Energy Lease Insurance Fund estab15 lished under subsection (l). 

16 (2) PROHIBITION ON OTHER CHARGES.—Except 

17 as provided in paragraph (1), the Secretary may not 

18 assess any fees, including user fees, insurance pre19 miums, or charges in connection with loan insurance 

20 provided under this section. 

21 (l) RENEWABLE ENERGY LEASE INSURANCE

22 FUND.— 

23 (1) ESTABLISHMENT.—There is hereby estab24 lished the Renewable Energy Lease Insurance Fund, 

25 which shall be available to the Secretary without fisVerDate Nov 24 2008 02:29 May 12, 2009 Jkt 079200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H2336.IH H2336

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1 cal year limitation, for the purpose of providing in2 surance under this section. 

3 (2) CREDITS.—The Fund shall be credited with 

4 any premiums collected under subsection (k)(1), any 

5 amounts collected by the Secretary under subsection 

6 (i)(2), and any associated interest or earnings. 

7 (3) AVAILABILITY.—Amounts in the Fund shall 

8 be available to the Secretary, in amounts provided in 

9 advance in appropriation Acts, for fulfilling any obli10 gations with respect to insurance for loans provided 

11 under this section and paying administrative ex12 penses in connection with this section. Any amounts 

13 in the Fund determined by the Secretary to be in ex14 cess of amounts currently required at the time of the 

15 determination to carry out this section may be in16 vested in obligations of the United States. 

17 (m) FULL FAITH AND CREDIT.—The certificate of 

18 insurance issued by the Secretary under this section shall 

19 be backed by the full faith and credit of the United States 

20 of America. 

21 (n) REGULATIONS.—The Secretary shall issue such 

22 regulations as may be necessary to carry out this section. 

23 The Secretary shall issue final or interim final regulations 

24 not later than the expiration of the 180-day period begin25 ning on the date of the enactment of this Act. 


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1 (o) INELIGIBILITY FOR PURCHASE BY FEDERAL FI2 NANCING BANK.—Notwithstanding the provisions of the 

3 Federal Financing Bank Act of 1973 (12 U.S.C. 2281 et 

4 seq.) or any other provision of law, no debt obligation that 

5 is insured or committed to be insured by the Secretary 

6 under this section shall be subject to the provisions of such 

7 Act. 

8 (p) DEFINITIONS.—For purposes of this section, the 

9 following definitions apply: 

10 (1) RENEWABLE ENERGY SYSTEM LEASE.—The 

11 term ‘‘renewable system energy lease’’ means an 

12 agreement between a qualified investor in a renew13 able energy system and a homeowner pursuant to 

14 which the homeowner grants an easement to the in15 vestor to install, maintain, use, and otherwise access 

16 the renewable energy system and leases the use of 

17 that system from the qualified investor for a speci18 fied term. 

19 (2) RENEWABLE ENERGY SYSTEM.—The term 

20 ‘‘renewable energy system’’ means a system that 

21 generates energy from naturally replenished energy 

22 sources such as sunlight, wind, rain, tides or geo23 thermal heat. 


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1 (3) RENEWABLE ENERGY MANUFACTURER.— 

2 The term ‘‘renewable energy manufacturer’’ means a 

3 manufacturer of renewable energy systems. 

4 SEC. 28. GREEN GUARANTEES. 

5 (a) AUTHORITY TO GUARANTEE ‘‘GREEN PORTION’’ 

6 OF ELIGIBLE MORTGAGES.— 

7 (1) IN GENERAL.—The Secretary of Housing 

8 and Urban Development may make commitments to 

9 guarantee under this section and may guarantee, the 

10 repayment of the portions of the principal obliga11 tions of eligible mortgages that are used to finance 

12 eligible sustainable building elements for the housing 

13 that is subject to the mortgage. 

14 (2) AMOUNT OF GUARANTEE.—A guarantee 

15 under this section by the Secretary in connection 

16 with an eligible mortgage shall not exceed a percent17 age of the green portion (as such term is defined in 

18 subsection (g)) of the mortgage, as shall be estab19 lished by the Secretary and may be established on 

20 a regional basis as the Secretary determines appro21 priate. 

22 (b) ELIGIBLE MORTGAGES.—To be considered an eli23 gible mortgage for purposes of this section, a mortgage 

24 shall comply with all of the following requirements: 


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1 (1) ACQUISITION OR CONSTRUCTION OF HOUS2 ING.—The mortgage shall be made for the acquisi3 tion or construction of single- or multifamily housing 

4 and repayment of the mortgage shall be secured by 

5 an interest in such housing. 

6 (2) FINANCING OF ELIGIBLE SUSTAINABLE

7 BUILDING ELEMENTS THROUGH GREEN PORTION OF

8 MORTGAGE.—A portion of the principal obligation of 

9 the mortgage, which meets the requirements under 

10 subsection (c), shall be used only for financing the 

11 provision of eligible sustainable building elements for 

12 the housing for which the mortgage was made. 

13 (3) MAXIMUM MORTGAGE AMOUNT.—The prin14 cipal obligation of the mortgage (including the eligi15 ble portion of such mortgage, and such initial service 

16 charges, appraisal, inspection, and other fees as the 

17 Secretary shall approve) may not exceed the fol18 lowing amounts: 

19 (A) SINGLE-FAMILY HOUSING.—Such dol20 lar amounts for single-family housing as the 

21 Secretary shall establish, which may be estab22 lished on the basis of the number of dwelling 

23 units in the housing, as the Secretary considers 

24 appropriate. 


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1 (B) MULTIFAMILY HOUSING.—Such dollar 

2 amounts for multifamily housing as the Sec3 retary shall establish, which may be established 

4 on the basis of the number of dwelling units in 

5 the housing and the number of bedrooms in 

6 such dwelling units, as the Secretary considers 

7 appropriate. 

8 (4) REPAYMENT.—The mortgage meets such 

9 requirements as the Secretary shall establish to en10 sure that there is a reasonable prospect of repay11 ment of the principal and interest on the obligation 

12 by the mortgagor. 

13 (5) MORTGAGE TERMS.—The mortgage shall 

14 meet such requirements with respect to loan-to-value 

15 ratio, mortgagor credit scores, debt-to-income ratio, 

16 and other underwriting standards, term to maturity, 

17 interest rates and amortization, including amortiza18 tion of the green portion of the mortgage, and other 

19 mortgage terms as the Secretary shall establish. 

20 (c) LIMITATIONS ON GREEN PORTION OF MORT21 GAGE.—The requirements under this subsection with re22 spect to the green portion of an eligible mortgage are as 

23 follows: 

24 (1) PERCENTAGE LIMITATION.—Such portion 

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1 tifamily housing, 10 percent of the total principal 

2 obligation of the mortgage. 

3 (2) DOLLAR AMOUNT LIMITATION.—Such por4 tion shall not exceed— 

5 (A) in the case of single-family housing, 

6 such maximum dollar amount limitation as the 

7 Secretary shall establish, which may be estab8 lished on the basis of the number of dwelling 

9 units in the housing, as the Secretary considers 

10 appropriate; and 

11 (B) in the case of multifamily housing, 

12 such maximum dollar amount limitation as the 

13 Secretary shall establish, which limitation may 

14 be established on the basis of the number of 

15 dwelling units in the housing and the number 

16 of bedrooms in such dwelling units, as the Sec17 retary considers appropriate. 

18 (3) COST-EFFECTIVENESS LIMITATION.—Such 

19 portion shall not exceed the total present value of 

20 the savings (as determined in accordance with sub21 section (d)) attributable to the incorporation of the 

22 eligible sustainable building elements to be financed 

23 with the green portion of the mortgage that are to 

24 be realized over the useful life of such elements. 


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1 (d) ELIGIBLE SUSTAINABLE BUILDING ELE2 MENTS.—The Secretary may not guarantee any eligible 

3 mortgage under this section unless the mortgagor has 

4 demonstrated, in accordance with such requirements as 

5 the Secretary shall establish, the amount of savings attrib6 utable to incorporation of the sustainable building ele7 ments to be financed with the green portion of the mort8 gage, as measured by the National Green Building Stand9 ard for all residential construction developed by the Na10 tional Association of Home Builders and the U.S. Green 

11 Building Council, and approved by the American National 

12 Standards Institute, as updated and in effect at the time 

13 of such demonstration. 

14 (e) GUARANTEE FEE.— 

15 (1) ASSESSMENT AND COLLECTION.—The Sec16 retary shall assess and collect fees for guarantees 

17 under this section in amounts that the Secretary de18 termines are sufficient to cover the costs (as such 

19 term is defined in section 502 of the Federal Credit 

20 Reform Act of 1990 (2 U.S.C. 661a)) of such guar21 antees. 

22 (2) AVAILABILITY.—Fees collected under this 

23 subsection shall be deposited by the Secretary in the 

24 Treasury of the United States and shall remain 


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1 available until expended, subject to such other condi2 tions as are contained in annual appropriations Acts. 

3 (f) PAYMENT OF GUARANTEE.— 

4 (1) DEFAULT.— 

5 (A) RIGHT TO PAYMENT.—If a mortgagor 

6 under a mortgage guaranteed under this section 

7 defaults (as defined in regulations issued by the 

8 Secretary and specified in the guarantee con9 tract) on the obligation under the mortgage— 

10 (i) the holder of the guarantee shall 

11 have the right to demand payment of the 

12 unpaid amount of the guaranteed portion 

13 of the mortgage, to the extent provided 

14 under subsection (a)(2), from the Sec15 retary; and 

16 (ii) within such period as may be 

17 specified in the guarantee or related agree18 ments, the Secretary shall pay to the hold19 er of the guarantee, to the extent provided 

20 under subsection (a)(2), the unpaid inter21 est on, and unpaid principal of the portion 

22 of guaranteed portion of the mortgage with 

23 respect to which the borrower has de24 faulted, unless the Secretary finds that 

25 there was no default by the borrower in 


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1 the payment of interest or principal or that 

2 the default has been remedied. 

3 (B) FORBEARANCE.—Nothing in this para4 graph precludes any forbearance by the holder 

5 of an eligible mortgage for the benefit of the 

6 mortgagor which may be agreed upon by the 

7 parties to the mortgage and approved by the 

8 Secretary. 

9 (2) SUBROGATION.— 

10 (A) IN GENERAL.—If the Secretary makes 

11 a payment under paragraph (1), the Secretary 

12 shall be subrogated to the rights of the recipi13 ent of the payment as specified in the guar14 antee or related agreements including, if appro15 priate, the authority (notwithstanding any other 

16 provision of law)— 

17 (i) to complete, maintain, operate, 

18 lease, or otherwise dispose of any property 

19 acquired pursuant to such guarantee or re20 lated agreements; or 

21 (ii) to permit the mortgagor, pursuant 

22 to an agreement with the Secretary, to 

23 continue to occupy the property subject to 

24 the mortgage, if the Secretary determines 

25 such occupancy to be appropriate. 


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1 (B) SUPERIORITY OF RIGHTS.—The rights 

2 of the Secretary, with respect to any property 

3 acquired pursuant to a guarantee or related 

4 agreements, shall be superior to the rights of 

5 any other person with respect to the property. 

6 (C) TERMS AND CONDITIONS.—A guar7 antee agreement shall include such detailed 

8 terms and conditions as the Secretary deter9 mines appropriate to protect the interests of the 

10 United States in the case of default. 

11 (3) FULL FAITH AND CREDIT.—The full faith 

12 and credit of the United States is pledged to the 

13 payment of all guarantees issued under this section 

14 with respect to principal and interest. 

15 (g) DEFINITIONS.—For purposes of this section, the 

16 following definitions shall apply: 

17 (1) ELIGIBLE MORTGAGE.—The term ‘‘eligible 

18 mortgage’’ means a mortgage that meets the re19 quirements under subsection (b). 

20 (2) GREEN PORTION.—The term ‘‘green por21 tion’’ means, with respect to an eligible mortgage, 

22 the portion of the mortgage principal referred to in 

23 subsection (b)(2) that is attributable, as determined 

24 in accordance with regulations issued by the Sec25 retary, to the increased costs incurred in financing 


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1 provision of sustainable building elements for the 

2 housing for which the mortgage was made, as com3 pared to the costs that would have been incurred in 

4 financing the provision of other building elements 

5 for the housing for the same purposes that are com6 monly or conventionally used but are not sustainable 

7 building elements. 

8 (3) GUARANTEED PORTION.—The term ‘‘guar9 anteed portion’’ means, with respect to an eligible 

10 mortgage guaranteed under this section, the green 

11 portion of the mortgage that is so guaranteed. 

12 (4) MORTGAGE.—The term ‘‘mortgage’’ has the 

13 meaning given such term in section 201 of the Na14 tional Housing Act (12 U.S.C. 1707). 

15 (5) MULTIFAMILY HOUSING.—The term ‘‘multi16 family housing’’ means a residential property con17 sisting of five or more dwelling units. 

18 (6) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Housing and Urban Development. 

20 (7) SINGLE-FAMILY HOUSING.—The term ‘‘sin21 gle-family housing’’ means a residential property 

22 consisting of one to four dwelling units. 

23 (8) SUSTAINABLE BUILDING ELEMENT.—The 

24 term ‘‘sustainable building element’’ means such 

25 building elements, as the Secretary shall define, that 


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1 have energy efficiency or environmental sustain2 ability qualities that are superior to such qualities 

3 for other building elements for the same purposes 

4 that are commonly or conventionally used. 

5 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated for costs (as such term is 

7 defined in section 502 of the Federal Credit Reform Act 

8 of 1990 (2 U.S.C. 661a) of guarantees under this section 

9 $500,000,000 for each of fiscal years 2010 through 2014. 

10 (i) REGULATIONS.—The Secretary shall issue any 

11 regulations necessary to carry out this section. 

Æ 


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