II 

Calendar No. 716 

111TH CONGRESS 

2D SESSION S. 1619 

To establish the Office of Sustainable Housing and Communities, to establish 

the Interagency Council on Sustainable Communities, to establish a comprehensive planning grant program, to establish a sustainability challenge 

grant program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 6, 2009 

Mr. DODD (for himself, Mr. MENENDEZ, Mr. MERKLEY, Mr. BENNET, Mr. 

AKAKA, Mr. SCHUMER, Ms. LANDRIEU, Mr. HARKIN, Mr. FRANKEN, Mr. 

LIEBERMAN, Mr. WYDEN, Mrs. GILLIBRAND, Mr. REED, Mr. LAUTENBERG, Mr. CARDIN, Mr. SPECTER, Mr. LEVIN, Mr. BROWN of Ohio, Mr. 

WARNER, Mr. DURBIN, Mr. SANDERS, Mrs. SHAHEEN, and Mr. CASEY) 

introduced the following bill; which was read twice and referred to the 

Committee on Banking, Housing, and Urban Affairs 

DECEMBER 19, 2010 

Reported by Mr. DODD, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To establish the Office of Sustainable Housing and Communities, to establish the Interagency Council on Sustainable Communities, to establish a comprehensive planning 

grant program, to establish a sustainability challenge 

grant program, and for other purposes. 


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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; TABLE OF CONTENTS. 

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

5 ‘‘Livable Communities Act of 2009’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Purposes. 

Sec. 4. Definitions. 

Sec. 5. Office of Sustainable Housing and Communities. 

Sec. 6. Interagency Council on Sustainable Communities. 

Sec. 7. Comprehensive planning grant program. 

Sec. 8. Sustainability challenge grant program. 

8 SEC. 2. FINDINGS. 

9 Congress finds the following: 

10 (1) Demographic trends support the need for 

11 cooperation in land use planning and the develop12 ment of housing and transportation. The population 

13 of the United States will grow from approximately 

14 307,000,000 people to approximately 439,000,000 

15 people during the period between 2009 and 2050, an 

16 increase of more than 40 percent. 

17 (2) The demographic groups that are most like18 ly to use public transportation are the groups that 

19 are projected to increase in size the most during the 

20 period between 2009 and 2025. 


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1 (3) By 2025, nearly 1 in every 5 people in the 

2 United States will be 65 years of age or older. 

3 (4) During the period between 1980 and 2000, 

4 the growth of the largest 99 metropolitan areas in 

5 the continental United States consumed 16,000,000 

6 acres of rural land, or about 1 acre for every new 

7 household. 

8 (5) In 2007, traffic congestion caused people in 

9 large and small metropolitan areas of the United 

10 States to waste 4,200,000,000 hours in traffic and 

11 to purchase an extra 2,800,000,000 gallons of fuel, 

12 for a congestion cost of $87,200,000,000. This rep13 resents a 5-fold increase in wasted time and cost 

14 since 1982. 

15 (6) The Energy Information Administration of 

16 the Department of Energy forecasts that driving will 

17 increase 59 percent between 2005 and 2030, far 

18 outpacing the projected 23 percent increase in popu19 lation. 

20 (7) According to the United States Census Bu21 reau, only 54 percent of households in the United 

22 States have access to public transportation. 

23 (8) In 2008, voters throughout the United 

24 States approved State and local ballot initiatives 

25 that supported public transportation 79 percent of 


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1 the time, even when it meant local taxes would be 

2 raised or continued. 

3 (9) Demographers estimate that as much as 30 

4 percent of current demand for housing is for housing 

5 in dense, walkable, mixed-use communities, and that 

6 less than 2 percent of new housing is in this cat7 egory. 

8 (10) The average household spends 19 percent 

9 of its household budget on transportation, and some 

10 very low-income households spend as much as 55 

11 percent of the household budget on transportation. 

12 Households with good access to public transpor13 tation spend only 9 percent of the household budget 

14 on transportation, which increases the portion of the 

15 household budget available for other critical house16 hold needs. 

17 (11) The need for safe and affordable housing 

18 is great. Fifty-four percent of renters spend more 

19 than 30 percent of their income on housing costs, 

20 and 29 percent of renters pay more than 50 percent 

21 of their income for housing. In 2007, there was a 

22 shortage of 2,800,000 units of affordable housing 

23 for extremely low-income renter households. 

24 (12) People who live in areas of compact devel25 opment (where housing, shopping, jobs, and public 


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1 transportation are in close proximity) drive 20 to 40 

2 percent less than people who live in average develop3 ment patterns in the United States. 

4 (13) When the effects of emissions savings from 

5 passengers taking transit instead of driving and the 

6 reduction in vehicle miles traveled due to the impact 

7 of transit on land use are taken into account, public 

8 transportation in the United States reduces carbon 

9 dioxide emissions by nearly 37,000,000 metric tons 

10 each year. 

11 (14) Transportation accounts for 70 percent of 

the oil consumed in the United States and nearly 1 12 ⁄3

13 of carbon emissions in the United States come from 

14 the transportation sector. Reducing the growth of 

15 the number of miles driven and providing transpor16 tation alternatives through good planning and sus17 tainable development is a necessary part of the en18 ergy independence and climate change strategies of 

19 the United States. 

20 (15) A number of studies, reports, and articles 

21 by organizations including the Environmental Pro22 tection Agency, the National Association of Realtors, 

23 and the Transit Cooperative Research Project have 

24 found that one of the keys to revitalizing and main25 taining the character of town centers and preserving 


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1 surrounding agricultural land in small and rural 

2 communities is to prevent commercial and residen3 tial development on the outskirts of town, by pro4 moting integrated housing, economic, and transpor5 tation development in town centers. 

6 (16) More than 1,600,000 rural households do 

7 not have access to cars. 

8 (17) The burden of transportation costs is espe9 cially heavy for low-income rural residents, because 

10 residents of rural areas drive approximately 17 per11 cent more than residents of urban areas. 

12 (18) Demand for public transportation in rural 

13 and small town communities is growing. Between 

14 2002 and 2005, ridership on small urban and rural 

15 public transportation systems increased 20 percent. 

16 (19) Poorly planned development in rural areas 

17 can fragment agricultural and forest lands, pollute 

18 waterways with surface water runoff, cause unneces19 sary environmental impacts, strain the capacity of 

20 rural roads, and sap economic vitality from existing 

21 ‘‘main street’’ commercial areas. 

22 (20) Funding for integrated housing, transpor23 tation, energy, environmental, and economic develop24 ment and other land use planning efforts at the local 


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1 and regional levels is necessary to provide for sus2 tainable development and smart growth. 

3 SEC. 3. PURPOSES. 

4 The purposes of this Act are— 

5 (1) to facilitate and improve the coordination of 

6 housing, community development, transportation, 

7 energy, and environmental policy in the United 

8 States; 

9 (2) to coordinate Federal policies and invest10 ments to promote sustainable development; 

11 (3) to encourage regional planning for livable 

12 communities and the adoption of sustainable devel13 opment techniques, including transit-oriented devel14 opment; 

15 (4) to provide a variety of safe, reliable trans16 portation choices, with special emphasis on public 

17 transportation and complete streets, in order to re18 duce traffic congestion, greenhouse gas emissions, 

19 and dependence on foreign oil; 

20 (5) to provide affordable, energy-efficient, and 

21 location-efficient housing choices for people of all 

22 ages, incomes, races, and ethnicities, and to make 

23 the combined costs of housing and transportation 

24 more affordable to families; 


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1 (6) to support, revitalize, and encourage growth 

2 in existing communities, in order to maximize the 

3 cost effectiveness of existing infrastructure and pre4 serve undeveloped lands; 

5 (7) to promote economic development and com6 petitiveness by connecting the housing and employ7 ment locations of workers, reducing traffic conges8 tion, and providing families with access to essential 

9 services; 

10 (8) to preserve the environment and natural re11 sources, including agricultural and rural land and 

12 green spaces; and 

13 (9) to support public health and improve qual14 ity of life for the residents of and workers in com15 munities by promoting healthy, walkable neighbor16 hoods, access to green space, and the mobility to 

17 pursue greater opportunities. 

18 SEC. 4. DEFINITIONS. 

19 In this Act, the following definitions shall apply: 

20 (1) AFFORDABLE HOUSING.—The term ‘‘afford21 able housing’’ means housing, the cost of which does 

22 not exceed 30 percent of the income of a family. 

23 (2) CENSUS TRACT.—The term ‘‘census tract’’ 

24 means a small, relatively permanent statistical sub25 division of a county, delineated by a local committee 


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1 of census data users for the purpose of presenting 

2 data. 

3 (3) CHAIRPERSON.—The term ‘‘Chairperson’’ 

4 means the Chairperson of the Interagency Council 

5 on Sustainable Communities. 

6 (4) COMPLETE STREET.—The term ‘‘complete 

7 street’’ means a street that enables all travelers, 

8 particularly public transit users, bicyclists, pedes9 trians (including individuals of all ages and individ10 uals with disabilities), and motorists, to use the 

11 street safely and efficiently. 

12 (5) COMPREHENSIVE REGIONAL PLAN.—The 

13 term ‘‘comprehensive regional plan’’ means a plan 

14 that— 

15 (A) identifies land use, transportation, 

16 community development, housing, economic de17 velopment, environmental, energy, and infra18 structure needs and goals in a region; 

19 (B) provides strategies for meeting the 

20 needs and goals described in subparagraph (A), 

21 including strategies for— 

22 (i) providing affordable, energy-effi23 cient, and location-efficient housing choices 

24 for people of all ages, incomes, races, and 

25 ethnicities; 


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1 (ii) reducing growth in vehicle miles 

2 traveled, in order to reduce traffic conges3 tion and regional greenhouse gas emissions 

4 from transportation; 

5 (iii) encouraging economic competi6 tiveness and economic development; and 

7 (iv) increasing the connectivity of the 

8 region by increasing public transportation 

9 ridership and improving access to trans10 portation alternatives; and 

11 (C) prioritizes projects for funding and im12 plementation. 

13 (6) CONSORTIUM OF UNITS OF GENERAL LOCAL

14 GOVERNMENTS.—The term ‘‘consortium of units of 

15 general local governments’’ means a consortium of 

16 geographically contiguous units of general local gov17 ernment that the Secretary determines— 

18 (A) represents all or part of a metropolitan 

19 statistical area or a micropolitan statistical 

20 area; 

21 (B) has the authority under State or local 

22 law to carry out planning activities, including 

23 surveys, land use studies, environmental or pub24 lic health analyses, and development of urban 

25 revitalization plans; and 


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1 (C) has provided documentation to the 

2 Secretary sufficient to demonstrate that the 

3 purpose of the consortium is to carry out a 

4 project using a grant awarded under this Act. 

5 (7) COUNCIL.—The term ‘‘Council’’ means the 

6 Interagency Council on Sustainable Communities es7 tablished under section 6. 

8 (8) DEPARTMENT.—The term ‘‘Department’’ 

9 means the Department of Housing and Urban De10 velopment. 

11 (9) DIRECTOR.—The term ‘‘Director’’ means 

12 the Director of the Office of Sustainable Housing 

13 and Communities established under section 5. 

14 (10) EXTREMELY LOW-INCOME FAMILY.—The 

15 term ‘‘extremely low-income family’’— 

16 (A) means a family that has an income 

17 that does not exceed— 

18 (i) 30 percent of the median income in 

19 the area where the family lives, as deter20 mined by the Secretary, with appropriate 

21 adjustments for the size of the family; or 

22 (ii) a percentage of the median income 

23 in the area where the family lives, as deter24 mined by the Secretary upon a finding by 

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1 essary due to unusually high or low family 

2 incomes in the area where the family lives; 

3 and 

4 (B) includes a family that includes a per5 son with special needs, including an elderly per6 son or a person with disabilities, as those terms 

7 are defined in section 3(b) of the United States 

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

9 (11) HIGH-POVERTY AREA.—The term ‘‘high10 poverty area’’ means a census tract, or a group of 

11 contiguous census tracts, that has a poverty rate of 

12 20 percent or more. 

13 (12) LIVABLE COMMUNITY.—The term ‘‘livable 

14 community’’ means a metropolitan, urban, suburban, 

15 rural, or neighborhood community that— 

16 (A) provides safe and reliable transpor17 tation choices; 

18 (B) provides affordable, energy-efficient, 

19 and location-efficient housing choices for people 

20 of all ages, incomes, races, and ethnicities; 

21 (C) supports, revitalizes, and encourages 

22 the growth of existing communities and maxi23 mizes the cost effectiveness of existing infra24 structure; 


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1 (D) promotes economic development and 

2 economic competitiveness; 

3 (E) preserves the environment and natural 

4 resources; 

5 (F) protects agricultural land, rural land, 

6 and green spaces; and 

7 (G) supports public health and improves 

8 the quality of life for residents of and workers 

9 in the community. 

10 (13) LOCATION-EFFICIENT.—The term ‘‘loca11 tion-efficient’’ characterizes development, housing, or 

12 neighborhoods that integrate land use, mixed-use 

13 housing and commercial development, employment, 

14 and transportation— 

15 (A) to enhance mobility; 

16 (B) to encourage transit-oriented develop17 ment; 

18 (C) to encourage infill development and the 

19 use of existing infrastructure; and 

20 (D) to reduce growth in vehicle miles trav21 eled and the transportation costs and energy re22 quirements associated with ownership or rental 

23 of a home. 

24 (14) LOW-INCOME FAMILY.—The term ‘‘low-in25 come family’’— 


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1 (A) has the same meaning as in section 

2 3(b) of the United States Housing Act of 1937 

3 (42 U.S.C. 1437a(b)); and 

4 (B) includes a low-income family with a 

5 person with special needs, including an elderly 

6 person or a person with disabilities, as those 

7 terms are defined section 3(b) of the United 

8 States Housing Act of 1937 (42 U.S.C. 

9 1437a(b)). 

10 (15) METROPOLITAN PLANNING ORGANIZA11 TION.—The term ‘‘metropolitan planning organiza12 tion’’ has the meaning given that term in section 

13 134(b) of title 23, United States Code, and section 

14 5303(b) of title 49, United States Code. 

15 (16) METROPOLITAN STATISTICAL AREA.—The 

16 term ‘‘metropolitan statistical area’’ means a county 

17 or group of counties that— 

18 (A) is designated by the Office of Manage19 ment and Budget as a metropolitan statistical 

20 area; and 

21 (B) has 1 or more large population centers 

22 with a population of not less than 50,000 and 

23 adjacent territory with a high level of integra24 tion with the core. 


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1 (17) MICROPOLITAN STATISTICAL AREA.—The 

2 term ‘‘micropolitan statistical area’’ means a county 

3 or group of counties that— 

4 (A) is designated by the Office of Manage5 ment and Budget as a micropolitan statistical 

6 area; and 

7 (B) has 1 or more large urban clusters 

8 with a population of not less than 10,000 and 

9 not more than 50,000. 

10 (18) OFFICE.—The term ‘‘Office’’ means the 

11 Office of Sustainable Housing and Communities es12 tablished under section 5. 

13 (19) REGIONAL COUNCIL.—The term ‘‘regional 

14 council’’ means a multi-service regional organization 

15 with State and locally defined boundaries that is— 

16 (A) accountable to units of general local 

17 government; 

18 (B) delivers a variety of Federal, State, 

19 and local programs; and 

20 (C) performs planning functions and pro21 vides professional and technical assistance. 

22 (20) RURAL PLANNING ORGANIZATION.—The 

23 term ‘‘rural planning organization’’ means a vol24 untary organization of local elected officials and rep25 resentatives of local transportation systems that— 


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1 (A) works in cooperation with the depart2 ment of transportation (or equivalent entity) of 

3 a State to plan transportation networks and ad4 vise officials of the State on transportation 

5 planning; and 

6 (B) is located in a rural area— 

7 (i) with a population of not less than 

8 5,000; and 

9 (ii) that is not located in an area rep10 resented by a metropolitan planning orga11 nization. 

12 (21) SECRETARY.—The term ‘‘Secretary’’ 

13 means the Secretary of Housing and Urban Develop14 ment. 

15 (22) STATE.—The term ‘‘State’’ means the sev16 eral States, the District of Columbia, Puerto Rico, 

17 Guam, the Northern Mariana Islands, the Virgin Is18 lands, American Samoa, and the Trust Territory of 

19 the Pacific Islands. 

20 (23) SUSTAINABLE DEVELOPMENT.—The term 

21 ‘‘sustainable development’’ means a pattern of re22 source use designed to create livable communities 

23 by— 

24 (A) providing a variety of safe and reliable 

25 transportation choices; 


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1 (B) providing affordable, energy-efficient, 

2 and location-efficient housing choices for people 

3 of all income levels, ages, races, and ethnicities; 

4 (C) supporting, revitalizing, and encour5 aging the growth of communities and maxi6 mizing the cost effectiveness of existing infra7 structure; 

8 (D) promoting economic development and 

9 economic competitiveness; 

10 (E) preserving the environment and nat11 ural resources; 

12 (F) protecting agricultural land, rural 

13 land, and green spaces; and 

14 (G) supporting public health and improv15 ing the quality of life for residents of and work16 ers in a community. 

17 (24) TRANSIT-ORIENTED DEVELOPMENT.—The 

18 term ‘‘transit-oriented development’’ means high19 density, walkable, mixed-use development (including 

20 commercial development, affordable housing, and 

21 market-rate housing) that is within walking distance 

22 of and accessible to 1 or more public transportation 

23 facilities. 


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1 (25) UNIT OF GENERAL LOCAL GOVERN2 MENT.—The term ‘‘unit of general local govern3 ment’’ means— 

4 (A) a city, county, town, township, parish, 

5 village, or other general purpose political sub6 division of a State; or 

7 (B) a combination of general purpose polit8 ical subdivisions, as determined by the Sec9 retary. 

10 (26) UNIT OF SPECIAL PURPOSE LOCAL GOV11 ERNMENT.—The term ‘‘unit of special purpose local 

12 government’’— 

13 (A) means a division of a unit of general 

14 purpose government that serves a special pur15 pose and does not provide a broad array of 

16 services; and 

17 (B) includes an entity such as a school dis18 trict, a housing agency, a transit agency, and a 

19 parks and recreation district. 

20 (27) VERY LOW-INCOME FAMILY.—The term 

21 ‘‘very low-income family’’— 

22 (A) has the same meaning as in section 

23 3(b) of the United States Housing Act of 1937 

24 (42 U.S.C. 1437a(b)); and 


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1 (B) includes a very low-income family with 

2 a person with special needs, including an elderly 

3 person or a person with disabilities, as those 

4 terms are defined section 3(b) of the United 

5 States Housing Act of 1937 (42 U.S.C. 

6 1437a(b)). 

7 (28) WORKFORCE HOUSING.—The term ‘‘work8 force housing’’ means housing, the cost of which 

9 does not exceed 30 percent of— 

10 (A) 120 percent of the median income in 

11 the area where the family lives, as determined 

12 by the Secretary, with appropriate adjustments 

13 for the size of family; or 

14 (B) a percentage, as determined by the 

15 Secretary, of the median income in the area 

16 where the family lives, upon a finding by the 

17 Secretary that such percentage is necessary due 

18 to unusually high or low family incomes in the 

19 area where the family lives. 

20 SEC. 5. OFFICE OF SUSTAINABLE HOUSING AND COMMU21 NITIES. 

22 (a) OFFICE ESTABLISHED.—There is established in 

23 the Department an Office of Sustainable Housing and 

24 Communities, which shall— 


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1 (1) coordinate Federal policies and initiatives 

2 that foster livable communities, including— 

3 (A) encouraging sustainable development 

4 at the State, regional, and local levels; 

5 (B) encouraging the development of com6 prehensive regional plans; 

7 (C) fostering energy-efficient communities 

8 and housing; 

9 (D) providing affordable, location-efficient 

10 housing choices for people of all ages, incomes, 

11 races, and ethnicities, particularly for low-, very 

12 low-, and extremely low-income families; and 

13 (E) working with the Federal Transit Ad14 ministration of the Department of Transpor15 tation to— 

16 (i) encourage transit-oriented develop17 ment; and 

18 (ii) coordinate Federal housing, com19 munity development, and transportation 

20 policies; 

21 (2) conduct research and advise the Secretary 

22 on the research agenda of the Department relating 

23 to sustainable development; 

24 (3) provide administrative support for participa25 tion by the Secretary in the activities of the Council; 


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1 (4) implement and oversee the grant programs 

2 established under this Act by— 

3 (A) developing grant applications for each 

4 grant program; 

5 (B) promulgating regulations relating to 

6 each grant program; 

7 (C) selecting recipients of grants under 

8 each grant program; 

9 (D) creating performance measures for re10 cipients of grants under each grant program; 

11 (E) developing technical assistance and 

12 other guidance to assist recipients of grants and 

13 potential applicants for grants under each grant 

14 program; 

15 (F) monitoring and evaluating the per16 formance of recipients of grants under each 

17 grant program; and 

18 (G) carrying out such other activities relat19 ing to the administration of the grant programs 

20 under this Act as the Secretary determines are 

21 necessary; 

22 (5) provide guidance, information on best prac23 tices, and technical assistance to communities seek24 ing to adopt sustainable development policies and 

25 practices; 


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1 (6) provide guidance and technical assistance to 

2 communities seeking to prepare applications for the 

3 comprehensive planning grant program under sec4 tion 7; 

5 (7) administer initiatives of the Department re6 lating to the policies described in paragraph (1), as 

7 determined by the Secretary; and 

8 (8) coordinate with and conduct outreach to 

9 other Federal agencies, including the Federal Tran10 sit Administration of the Department of Transpor11 tation and the Office of Smart Growth of the Envi12 ronmental Protection Agency, on sustainability 

13 issues. 

14 (b) DIRECTOR.—The head of the Office shall be the 

15 Director of the Office of Sustainable Housing and Com16 munities. 

17 (c) DUTIES RELATING TO GRANT PROGRAMS.— 

18 (1) IN GENERAL.—The Director, in coordina19 tion with the Council or a working group established 

20 by the Council under section 6(b)(6), shall carry out 

21 the grant programs established under this Act. 

22 (2) INTERIM WORKING GROUP.—During the pe23 riod between the date of enactment of this Act and 

24 the date on which a memorandum of understanding 

25 is signed under section 6(a)(7), in carrying out the 


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1 grant programs under this Act, the Secretary shall 

2 consult with an interim working group that includes 

3 the Secretary of Transportation, the Administrator 

4 of the Environmental Protection Agency (or the des5 ignee of such Secretary or Administrator), and rep6 resentatives from such other Federal agencies, de7 partments, or offices, as the President may deter8 mine. 

9 (3) TECHNICAL ASSISTANCE FOR GRANT RE10 CIPIENTS AND APPLICANTS.—The Director may— 

11 (A) coordinate with the members of the 

12 Council to establish interagency and multidisci13 plinary teams to provide technical assistance to 

14 recipients of and prospective applicants for 

15 grants under this Act; 

16 (B) make contracts with third parties to 

17 provide technical assistance to grant recipients 

18 and prospective applicants for grants; and 

19 (C) establish a technical assistance pro20 gram for prospective applicants, particularly 

21 prospective applicants from smaller commu22 nities, preparing to apply for grants under sec23 tion 7. 

24 (d) REPORT ON HOUSING LOCATION AFFORDABILITY

25 INDEX.— 


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1 (1) STUDY.—The Director shall conduct a 

2 study on— 

3 (A) the development of a housing location 

4 affordability index that includes housing and 

5 transportation costs; and 

6 (B) ways in which the affordability index 

7 described in subparagraph (A) could be made 

8 available to the public to inform consumers of 

9 the combined costs of housing and transpor10 tation. 

11 (2) REPORT.—Not later than 1 year after the 

12 date of enactment of this Act, the Director shall 

13 submit to the Committee on Banking, Housing, and 

14 Urban Affairs of the Senate and the Committee on 

15 Financial Services of the House of Representatives 

16 a report on the study under paragraph (1). 

17 (e) REPORT ON INCENTIVES FOR ENERGY-EFFI18 CIENT MORTGAGES AND LOCATION-EFFICIENT MORT19 GAGES.— 

20 (1) DEFINITIONS.—In this subsection— 

21 (A) the term ‘‘energy-efficient mortgage’’ 

22 means a mortgage loan under which the income 

23 of the borrower, for purposes of qualification 

24 for such loan, is considered to be increased by 

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1 jected to be realized by the borrower as a result 

2 of cost-effective energy-saving design, construc3 tion, or improvements (including use of renew4 able energy sources, such as solar, geothermal, 

5 biomass, and wind, super-insulation, energy6 saving windows, insulating glass and film, and 

7 radiant barrier) for the home for which the loan 

8 is made; and 

9 (B) the term ‘‘location-efficient mortgage’’ 

10 means a mortgage loan under which— 

11 (i) the income of the borrower, for 

12 purposes of qualification for such loan, is 

13 considered to be increased by not less than 

14 $1 for each $1 of savings projected to be 

15 realized by the borrower because the loca16 tion of the home for which the loan is 

17 made will result in decreased transpor18 tation costs for the household of the bor19 rower; or 

20 (ii) the sum of the principal, interest, 

21 taxes, and insurance due under the mort22 gage loan is decreased by not less than $1 

23 for each $1 of savings projected to be real24 ized by the borrower because the location 

25 of the home for which the loan is made will 


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1 result in decreased transportation costs for 

2 the household of the borrower. 

3 (2) STUDY.— 

4 (A) IN GENERAL.—The Director shall con5 duct a study on incentives for encouraging lend6 ers to make, and homebuyers and homeowners 

7 to participate in, energy-efficient mortgages and 

8 location-efficient mortgages, including— 

9 (i) fee reductions; 

10 (ii) fee waivers; 

11 (iii) interest rate reductions; and 

12 (iv) adjustment of mortgage qualifica13 tions. 

14 (B) CONSIDERATIONS.—In studying the 

15 incentives under subparagraph (A), the Sec16 retary shall consider the potential for lower risk 

17 of default on energy-efficient mortgages and lo18 cation-efficient mortgages in comparison to 

19 mortgages that are not energy-efficient or loca20 tion-efficient. 

21 (3) REPORT.—Not later than 1 year after the 

22 date of enactment of this Act, the Director shall 

23 submit to the Committee on Banking, Housing, and 

24 Urban Affairs of the Senate and the Committee on 


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1 Financial Services of the House of Representatives 

2 a report on the study under paragraph (2). 

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary such 

5 sums as may be necessary to carry out this section. 

6 SEC. 6. INTERAGENCY COUNCIL ON SUSTAINABLE COMMU7 NITIES. 

8 (a) ESTABLISHMENT OF COUNCIL.— 

9 (1) ESTABLISHMENT.—There is established in 

10 the executive branch an independent entity to be 

11 known as the Interagency Council on Sustainable 

12 Communities. 

13 (2) MEMBERS.— 

14 (A) IN GENERAL.—The members of the 

15 Council are— 

16 (i) the Secretary, the Secretary of 

17 Transportation, and the Administrator of 

18 the Environmental Protection Agency; and 

19 (ii) such representatives from other 

20 Federal agencies, departments, or offices 

21 in the executive branch as the President 

22 may prescribe. 

23 (B) DESIGNEES.— 

24 (i) IN GENERAL.—The head of a Fed25 eral agency described in subparagraph (A) 


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1 may select a designee to serve in the place 

2 of the head of the Federal agency on the 

3 Council. 

4 (ii) QUALIFICATIONS.—The head of a 

5 Federal agency that selects a designee 

6 under clause (i) shall ensure that the des7 ignee has the appropriate experience and 

8 authority to serve on the Council. 

9 (C) PAY.—The members of the Council 

10 shall serve with no additional pay. 

11 (3) CHAIRPERSON.— 

12 (A) CHAIRPERSON.—The Chairperson of 

13 the Council shall be, in successive terms— 

14 (i) the Secretary; 

15 (ii) the Secretary of Transportation; 

16 and 

17 (iii) the Administrator of the Environ18 mental Protection Agency. 

19 (B) DUTIES.—The Chairperson shall— 

20 (i) set the time, date, and location of 

21 each meeting of the Council; and 

22 (ii) in consultation with the members 

23 of the Council, set the agenda for each 

24 meeting of the Council. 


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1 (C) TERM.—The Chairperson shall serve 

2 for a term of 1 year. 

3 (D) FIRST CHAIRPERSON.—The Secretary 

4 shall be the first individual to serve as Chair5 person after the date of enactment of this Act. 

6 (4) EXECUTIVE DIRECTOR AND STAFF.— 

7 (A) EXECUTIVE DIRECTOR.— 

8 (i) APPOINTMENT AND COMPENSA9 TION.—The Council shall appoint an Exec10 utive Director, who shall be compensated 

11 at a rate not to exceed the rate of basic 

12 pay for level V of the Executive Schedule 

13 under section 5316 of title 5, United 

14 States Code. 

15 (ii) SENSE OF CONGRESS.—It is the 

16 sense of Congress that the Council should 

17 appoint an Executive Director not later 

18 than 90 days after the date of enactment 

19 of this Act. 

20 (B) ADDITIONAL PERSONNEL.—With the 

21 approval of the Council, the Executive Director 

22 of the Council may appoint and fix the com23 pensation of such additional personnel as the 

24 Executive Director determines are necessary to 

25 carry out the duties of the Council. 


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1 (C) DETAILEES FROM OTHER AGENCIES.— 

2 Upon request of the Council, the head of any 

3 Federal agency may detail any of the personnel 

4 of such agency to the Council to assist the 

5 Council in carrying out its duties under this 

6 section. 

7 (D) EXPERTS AND CONSULTANTS.—With 

8 the approval of the Council, the Executive Di9 rector of the Council may procure temporary 

10 and intermittent services pursuant to section 

11 3109(b) of title 5, United States Code. 

12 (5) CONSULTATION WITH ADDITIONAL SECRE13 TARIES AND ADMINISTRATORS.— 

14 (A) CONSULTATION.—In carrying out its 

15 duties under this section, the Council may con16 sult with the heads of departments, agencies, 

17 and offices in the executive branch, including 

18 the Secretary of Energy, the Secretary of Edu19 cation, the Secretary of Agriculture, the Sec20 retary of Health and Human Services, the Sec21 retary of Commerce, the Chairman of the Coun22 cil on Environmental Quality, and the Director 

23 of the White House Office of Urban Affairs. 

24 (B) PARTICIPATION IN MEETINGS OF

25 COUNCIL.—The head of a department, agency, 


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1 or office with whom the Council consults under 

2 subparagraph (A) may participate in a meeting 

3 of the Council. 

4 (C) INFORMATION SHARING.—The head of 

5 each Federal agency shall make available to the 

6 Council such information as may be necessary 

7 for the Council to carry out its duties under 

8 this section. 

9 (6) MEETINGS.—The Council shall meet— 

10 (A) not later than 90 days after the date 

11 of enactment of this Act; and 

12 (B) not less frequently than 3 times each 

13 year. 

14 (7) GOVERNANCE.—Not later than 120 days 

15 after the date of enactment of this Act, the members 

16 of the Council shall develop and sign a memorandum 

17 of understanding that establishes rules relating to 

18 the governance of the Council, including rules relat19 ing to the process by which decisions of the Council 

20 are made. 

21 (8) INCORPORATION OF WORK OF INTERIM

22 WORKING GROUP.—Any activities carried out by an 

23 interim working group pursuant to section 5(c)(2) 

24 shall be incorporated into the activities of the CounVerDate Mar 15 2010 01:03 Dec 20, 2010 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6401 E:\BILLS\S1619.RS S1619

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1 cil, effective on the date the memorandum of under2 standing under paragraph (7) is signed. 

3 (b) DUTIES OF THE COUNCIL.—The Council shall— 

4 (1) ensure interagency coordination of Federal 

5 policy on sustainable development; 

6 (2) conduct outreach to nonprofit and for-profit 

7 organizations and State and local governments to 

8 build partnerships and knowledge relating to sus9 tainable development; 

10 (3) ensure that the research agendas of depart11 ments and agencies of the Federal Government on 

12 sustainable development are coordinated; 

13 (4) establish a clearinghouse for guidance, best 

14 practices, and other information for communities un15 dertaking activities relating to sustainable develop16 ment; 

17 (5) coordinate an assessment by departments 

18 and agencies of the Federal Government of impedi19 ments to sustainable development, including impedi20 ments created by Federal programs, and the devel21 opment of recommendations for methods for over22 coming such impediments; and 

23 (6) coordinate with the Director on activities re24 lating to the grant programs established under this 

25 Act, as described in section 5(a)(4), or establish a 


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1 working group to coordinate with the Director on 

2 such activities. 

3 (c) REPORTS.— 

4 (1) ANNUAL REPORT.—Not later than 1 year 

5 after the date of enactment of this Act, and annually 

6 thereafter, the Council shall submit to the Com7 mittee on Banking, Housing, and Urban Affairs of 

8 the Senate and the Committee on Financial Services 

9 of the House of Representatives a report on the ac10 tivities and accomplishments of the Council. 

11 (2) RECOMMENDATIONS.—Not later than 1 

12 year after the date of enactment of this Act, the 

13 Council shall submit to the Committee on Banking, 

14 Housing, and Urban Affairs of the Senate and the 

15 Committee on Financial Services of the House of 

16 Representatives a report that contains— 

17 (A) an analysis of impediments to sustain18 able development; and 

19 (B) recommendations for action by the 

20 Federal Government on issues relating to sus21 tainable development. 

22 (d) STUDY OF FEDERAL ACTIONS.—Not later than 

23 3 years after the date of enactment of this Act, the Comp24 troller General shall submit to the Committee on Banking, 

25 Housing, and Urban Affairs of the Senate and the ComVerDate Mar 15 2010 01:03 Dec 20, 2010 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6401 E:\BILLS\S1619.RS S1619

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1 mittee on Financial Services of the House of Representa2 tives a report that contains— 

3 (1) an updated analysis of impediments to sus4 tainable development, as described in subsection 

5 (c)(2)(A); and 

6 (2) a description of actions taken by the Fed7 eral Government to implement the recommendations 

8 made by the Council in the report under subsection 

9 (c)(2)(B). 

10 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated such sums as may be 

12 necessary to carry out this section. 

13 SEC. 7. COMPREHENSIVE PLANNING GRANT PROGRAM. 

14 (a) DEFINITIONS.—In this section— 

15 (1) the term ‘‘eligible entity’’ means a partner16 ship between a consortium of units of general local 

17 government and an eligible partner; 

18 (2) the term ‘‘eligible partner’’ means— 

19 (A) a metropolitan planning organization, 

20 a rural planning organization, or a regional 

21 council; or 

22 (B) a metropolitan planning organization, 

23 a rural planning organization, or a regional 

24 council, and a State; and 


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1 (3) the term ‘‘grant program’’ means the com2 prehensive planning grant program established 

3 under subsection (b). 

4 (b) COMPREHENSIVE PLANNING GRANT PROGRAM

5 ESTABLISHED.—The Director shall establish a com6 prehensive planning grant program to make grants to eli7 gible entities to carry out a project to— 

8 (1) coordinate land use, housing, transpor9 tation, and infrastructure planning processes across 

10 jurisdictions and agencies; 

11 (2) identify potential regional partnerships for 

12 developing and implementing a comprehensive re13 gional plan; 

14 (3) conduct or update housing, infrastructure, 

15 transportation, energy, and environmental assess16 ments to determine regional needs and promote sus17 tainable development; 

18 (4) develop or update— 

19 (A) a comprehensive regional plan; or 

20 (B) goals and strategies to implement an 

21 existing comprehensive regional plan; and 

22 (5) implement local zoning and other code 

23 changes necessary to implement a comprehensive re24 gional plan and promote sustainable development. 

25 (c) GRANTS.— 


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1 (1) AMOUNT OF GRANTS.— 

2 (A) MICROPOLITAN STATISTICAL AREAS

3 AND SMALL METROPOLITAN STATISTICAL

4 AREAS.—The amount awarded under the grant 

5 program to an eligible entity that represents all 

6 or part of a micropolitan area, or a metropoli7 tan statistical area with a population of not 

8 more than 200,000, may not exceed $750,000. 

9 (B) MID-SIZED METROPOLITAN STATIS10 TICAL AREAS.—The amount awarded under the 

11 grant program to an eligible entity that rep12 resents all or part of a metropolitan statistical 

13 area with a population of more than 200,000 

14 and less than 500,000 may not exceed 

15 $1,500,000. 

16 (C) LARGE METROPOLITAN STATISTICAL

17 AREAS.—The amount awarded under the grant 

18 program to an eligible entity that represents all 

19 or part of a metropolitan statistical area with a 

20 population of 500,000 or more may not exceed 

21 $5,000,000. 

22 (2) FEDERAL SHARE.—The Federal share of 

23 the cost of a project carried out using a grant under 

24 the grant program may not exceed 80 percent. 

25 (3) AVAILABILITY OF FUNDS.— 


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1 (A) IN GENERAL.—An eligible entity that 

2 receives a grant under the grant program 

3 shall— 

4 (i) obligate any funds received under 

5 the grant program not later than 3 years 

6 after the date on which the grant agree7 ment under subsection (g) is made; and 

8 (ii) expend any funds received under 

9 the grant program not later than 4 years 

10 after the date on which the grant agree11 ment under subsection (g) is made. 

12 (B) UNOBLIGATED AMOUNTS.—After the 

13 date described in subparagraph (A)(i), the Sec14 retary may award to another eligible entity, to 

15 carry out activities under this section, any 

16 amounts that an eligible entity has not obli17 gated under subparagraph (A)(i). 

18 (d) APPLICATION.— 

19 (1) IN GENERAL.—An eligible entity that de20 sires a grant under the grant program shall submit 

21 to the Director an application at such time and in 

22 such manner as the Director shall prescribe. 

23 (2) CONTENTS.—Each application shall con24 tain— 


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1 (A) a description of the project proposed to 

2 be carried out by the eligible entity; 

3 (B) a budget for the project that includes 

4 the anticipated Federal share of the cost of the 

5 project and a description of the source of the 

6 non-Federal share; 

7 (C) a signed copy of a memorandum of un8 derstanding among local jurisdictions, includ9 ing, as appropriate, a State, units of general 

10 purpose local government, units of special pur11 pose local government, metropolitan planning 

12 organizations, rural planning organizations, and 

13 regional councils that demonstrates— 

14 (i) the creation of a consortium of 

15 units of general local government; 

16 (ii) a commitment to develop a com17 prehensive regional plan; and 

18 (iii) a commitment to implement the 

19 plan after it is developed; 

20 (D) a certification that the eligible entity 

21 has created, or will create not later than 1 year 

22 after the date of the grant award, a regional 

23 advisory board to provide input and feedback on 

24 the development of the comprehensive regional 

25 plan that includes, as appropriate, representaVerDate Mar 15 2010 01:03 Dec 20, 2010 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6401 E:\BILLS\S1619.RS S1619

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1 tives of a State, the metropolitan planning or2 ganization, the rural planning organization, the 

3 regional council, public transportation agencies, 

4 public housing agencies, economic development 

5 authorities, other local governments, environ6 mental agencies, public health agencies, the 

7 nonprofit community, the private sector, com8 munity-based organizations, citizen groups, 

9 neighborhood groups, and members of the pub10 lic; 

11 (E) a certification that the eligible entity 

12 has solicited public comment on the contents of 

13 the project description under subparagraph (A) 

14 that includes— 

15 (i) a certification that the eligible en16 tity has held 1 or more public hearings; 

17 (ii) a description of the process for re18 ceiving public comment; 

19 (iii) a summary of the comments re20 ceived; and 

21 (iv) such other information as the Di22 rector may require; 

23 (F) a description of how the eligible entity 

24 will carry out the activities under subsection (f); 

25 and 


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1 (G) such additional information as the Di2 rector may require. 

3 (e) SELECTION.—In evaluating an application for a 

4 grant under the grant program, the Director shall con5 sider the extent to which the application— 

6 (1) furthers the creation of livable communities; 

7 (2) demonstrates the technical capacity of the 

8 eligible entity to carry out the project; 

9 (3) demonstrates the extent to which the con10 sortium has developed partnerships throughout an 

11 entire micropolitan or metropolitan statistical area, 

12 including, as appropriate, partnerships with the enti13 ties described in subsection (d)(2)(D); 

14 (4) demonstrates a commitment to— 

15 (A) sustainable development; 

16 (B) location-efficient and transit-oriented 

17 development; 

18 (C) developing new capacity for public 

19 transportation and increasing ridership on pub20 lic transportation; 

21 (D) providing affordable, energy-efficient, 

22 and location-efficient housing choices for fami23 lies of all ages, incomes, races, and ethnicities; 

24 (E) creating and preserving long-term af25 fordable, energy-efficient, and location-efficient 


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1 housing for low-, very low-, and extremely low2 income families; 

3 (F) revitalizing communities, neighbor4 hoods and commercial centers supported by ex5 isting infrastructure; 

6 (G) monitoring and improving environ7 mental quality, including air and water quality, 

8 energy use, greenhouse gas emissions, and the 

9 redevelopment of brownfields; and 

10 (H) coordinating the provision of transpor11 tation services to elderly, disabled, and low-in12 come populations; 

13 (5) demonstrates a plan for implementing a 

14 comprehensive regional plan through regional infra15 structure investment plans and local land use plans; 

16 (6) promotes diversity among the geographic re17 gions and the sizes of the population of the commu18 nities served by recipients of grants under this sec19 tion; 

20 (7) promotes economic benefits; 

21 (8) demonstrates that a Federal grant is nec22 essary to accomplish the project proposed to be car23 ried out; 

24 (9) has a high quality overall; and 


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1 (10) demonstrates such other qualities as the 

2 Director may determine. 

3 (f) ELIGIBLE ACTIVITIES.—An eligible entity that re4 ceives a grant under this section shall carry out a project 

5 that includes 1 or more of the following activities: 

6 (1) Planning and coordinating across jurisdic7 tions in the region to develop a comprehensive re8 gional plan. 

9 (2) Developing achievable goals and strategies 

10 for carrying out the comprehensive regional plan, in11 cluding— 

12 (A) land use, zoning, and other code re13 form, including reform of conservation zoning 

14 in agricultural and other natural resource 

15 areas; 

16 (B) promoting efficient land use, mixed17 use development, and the preservation of agri18 cultural, green, and open space; 

19 (C) increasing access to and ridership on 

20 public transportation; 

21 (D) the creation and preservation of work22 force housing and affordable housing for low-, 

23 very low-, and extremely low-income families, 

24 including housing with access to jobs and public 

25 transportation; 


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1 (E) promoting economic development and 

2 transit-oriented development; 

3 (F) revitalizing communities; and 

4 (G) promoting environmental protection 

5 and public health and reducing greenhouse gas 

6 emissions. 

7 (3) Developing a plan that outlines feasible 

8 steps for implementing the comprehensive regional 

9 plan, including making interjurisdictional agree10 ments that provide for cooperative and coordinated 

11 approaches to achieving the goals of the plan. 

12 (4) Assessing projected regional population 

13 growth or loss and demographic changes. 

14 (5) Assessing how the regional population 

15 growth or loss and demographic changes will impact 

16 the need for housing, community development, and 

17 transportation, including public transportation in the 

18 region. 

19 (6) Assessing the accessibility of job centers 

20 within the region to public transportation facilities 

21 and housing. 

22 (7) Assessing transportation options in the re23 gion, including— 

24 (A) public transportation options; 


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1 (B) options for people with low incomes, 

2 people living in high-poverty areas, elderly peo3 ple, and people with disabilities; and 

4 (C) any obstacles to providing access to lo5 cations that offer employment opportunities. 

6 (8) Developing techniques to inform decision 

7 makers on how growth of population and employ8 ment, development patterns, and investments in 

9 transportation infrastructure are likely to affect 

10 travel, congestion, air quality, and quality of life. 

11 (9) Assessing the daily vehicle miles traveled in 

12 the region and opportunities for reducing the growth 

13 in daily vehicle miles traveled and traffic congestion. 

14 (10) Assessing housing needs, including the 

15 need for workforce housing and affordable housing 

16 for low-, very low-, and extremely low-income fami17 lies, and the availability of housing in the region to 

18 meet such needs. 

19 (11) Assessing the need to create, preserve, and 

20 improve long-term affordable housing for low-, very 

21 low-, and extremely low-income families and families 

22 that utilize workforce housing in areas that— 

23 (A) are undergoing redevelopment or car24 rying out transit-oriented development; and 


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1 (B) have access to services including trans2 portation (particularly public transportation), 

3 neighborhood commercial centers, and medical 

4 services. 

5 (12) Assessing methods for lowering the com6 bined cost of housing and transportation for families 

7 in the region, particularly for families that utilize 

8 workforce housing and for low-, very low-, and ex9 tremely low-income families. 

10 (13) Assessing existing infrastructure and in11 frastructure needs in the region, including projected 

12 water needs and sources, the need for sewer infra13 structure, and the existence of flood plains. 

14 (14) Assessing local land use and zoning poli15 cies and opportunities for revising or expanding such 

16 policies to implement a comprehensive regional plan. 

17 (15) Assessing the opportunity to revitalize ex18 isting communities, including infill development. 

19 (16) Assessing environmental and public health 

20 needs in the region and potential strategies for re21 ducing greenhouse gas emissions, improving air and 

22 water quality, and remediating brownfield sites. 

23 (17) Assessing projected loss of agricultural 

24 and rural land and other green space in the region 

25 to development, and methods to minimize such loss. 


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1 (18) Evaluating any tools or resources that are 

2 available to address regional needs identified in an 

3 assessment under any of paragraphs (4) through (7) 

4 and (9) through (17) and to monitor progress in 

5 meeting such needs, including any existing sources 

6 of funding and any sources of funding that are lack7 ing. 

8 (19) Implementing land use, zoning, and other 

9 code reforms to promote location efficiency and sus10 tainable development. 

11 (20) Other activities consistent with the pur12 poses of this Act, as determined by the Director. 

13 (g) GRANT AGREEMENT.—Each eligible entity that 

14 receives a grant under this section shall agree to establish, 

15 in coordination with the Director, performance measures 

16 that must be met at the end of each year in which the 

17 eligible entity receives funds under the grant program. 

18 (h) VIOLATION OF GRANT AGREEMENT.—If the Di19 rector determines that an eligible entity has not met the 

20 performance measures established under subsection (g), is 

21 not making reasonable progress toward meeting such 

22 measures, or is otherwise in violation of the grant agree23 ment, the Director may— 

24 (1) withhold financial assistance until the per25 formance measures are met; or 


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1 (2) terminate the grant agreement. 

2 (i) SUSTAINABILITY CHALLENGE GRANTS.—An eligi3 ble entity that receives a grant under this section and has 

4 created a comprehensive regional plan may apply for a 

5 sustainability challenge grant under section 8. 

6 (j) REPORTS REQUIRED.— 

7 (1) ANNUAL REPORT.—Not later than 60 days 

8 after the end of the first year after the grant agree9 ment is made under subsection (g), and each year 

10 thereafter, an eligible entity that receives a grant 

11 under this section shall submit to the Director a 

12 progress report that contains— 

13 (A) a description of any progress made to14 ward meeting the performance measures estab15 lished under subsection (g), including— 

16 (i) a description of any partnership 

17 created across policy and governmental ju18 risdictions and a description of any task 

19 force or multiagency group established by 

20 the eligible entity at the regional level; and 

21 (ii) a description of— 

22 (I) housing, land use, transpor23 tation, public transportation, energy, 

24 infrastructure, and environmental 

25 needs in the region; or 


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1 (II) the obstacles encountered 

2 that prevented the eligible entity from 

3 completing a comprehensive evalua4 tion of housing, land use, transpor5 tation, public transportation, energy, 

6 infrastructure, and environmental 

7 needs, and a date by which the eligible 

8 entity expects to complete the evalua9 tion; 

10 (B) a description of any planning goals for 

11 the region that address housing, transportation, 

12 public transportation, energy, infrastructure, 

13 and environmental needs; 

14 (C) a description of— 

15 (i) a strategy for meeting the goals 

16 described in subparagraph (B), including a 

17 discussion of potential transportation, 

18 housing, transit-oriented development, en19 ergy, infrastructure, or environmental ac20 tivities; or 

21 (ii) the obstacles encountered that 

22 prevented the eligible entity from com23 pleting a strategy for meeting the goals 

24 identified under clause (i) and a date by 


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1 which the eligible entity expects to com2 plete the strategy; and 

3 (D) any other information the Director 

4 may require. 

5 (2) FINAL REPORT.—Not later than 90 days 

6 after the date on which the grant agreement under 

7 subsection (g) expires, an eligible entity that receives 

8 a grant under this section shall submit to the Direc9 tor a final report that contains— 

10 (A) a description of a comprehensive re11 gional plan that includes specific projects that 

12 will help meet housing, transportation, energy, 

13 infrastructure, and environmental goals for the 

14 region; 

15 (B) a detailed description of how the plan 

16 under subparagraph (A) meets the performance 

17 measures established under subsection (g); 

18 (C) a plan for next steps to be taken by 

19 the eligible entity, including whether the eligible 

20 entity intends to apply for a sustainability chal21 lenge grant under section 8; and 

22 (D) any other information the Director 

23 may require. 

24 (k) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) AUTHORIZATION.—There are authorized to 

2 be appropriated to the Secretary for the award of 

3 grants under this section, $100,000,000 for each of 

4 fiscal years 2010 through 2013, to remain available 

5 until expended. 

6 (2) TECHNICAL ASSISTANCE.—The Director 

7 may use 2 percent of the amounts made available 

8 under this subsection for a fiscal year for technical 

9 assistance under section 5(c)(3). 

10 SEC. 8. SUSTAINABILITY CHALLENGE GRANT PROGRAM. 

11 (a) DEFINITIONS.—In this section— 

12 (1) the term ‘‘eligible entity’’ means a partner13 ship between a consortium of units of general local 

14 government and an eligible partner; 

15 (2) the term ‘‘eligible partner’’ means— 

16 (A) a metropolitan planning organization, 

17 a rural planning organization, or a regional 

18 council; or 

19 (B) a metropolitan planning organization, 

20 a rural planning organization, or a regional 

21 council, and a State; and 

22 (3) the term ‘‘grant program’’ means the sus23 tainability challenge grant program established 

24 under subsection (b). 


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1 (b) SUSTAINABILITY CHALLENGE GRANT PROGRAM

2 ESTABLISHED.—The Director shall establish a sustain3 ability challenge grant program to make grants to eligible 

4 entities to— 

5 (1) promote integrated transportation, housing, 

6 energy, and economic development activities carried 

7 out across policy and governmental jurisdictions; 

8 (2) promote sustainable and location-efficient 

9 development; and 

10 (3) implement projects identified in a com11 prehensive regional plan. 

12 (c) GRANTS.— 

13 (1) MICROPOLITAN STATISTICAL AREA OR

14 SMALL METROPOLITAN STATISTICAL AREA.—The 

15 total amount awarded under this section to an eligi16 ble entity that represents all or part of a 

17 micropolitan area, or a metropolitan area with a 

18 population of not more than 200,000, may not ex19 ceed $15,000,000. 

20 (2) METROPOLITAN STATISTICAL AREAS BE21 TWEEN 200,000 AND 500,000.—The total amount 

22 awarded under this section to an eligible entity that 

23 represents all or part of a metropolitan statistical 

24 area with a population of more than 200,000 and 

25 less than 500,000 may not exceed $35,000,000. 


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1 (3) LARGE METROPOLITAN AREAS.—The total 

2 amount awarded under this section to an eligible en3 tity that represents all or part of a metropolitan 

4 area with a population of 500,000 may not exceed 

5 $100,000,000. 

6 (4) FEDERAL SHARE.—The Federal share of 

7 the cost of a project under this section may not ex8 ceed 80 percent. 

9 (5) AVAILABILITY OF FUNDS.— 

10 (A) IN GENERAL.—An eligible entity that 

11 receives a grant under the grant program 

12 shall— 

13 (i) obligate any funds received under 

14 the grant program not later than 3 years 

15 after the date on which the grant agree16 ment under subsection (g) is made; and 

17 (ii) expend any funds received under 

18 the grant program not later than 5 years 

19 after the date on which the grant agree20 ment under subsection (g) is made. 

21 (B) UNOBLIGATED AMOUNTS.—After the 

22 date described in subparagraph (A)(i), the Sec23 retary may award to another eligible entity, to 

24 carry out activities under this section, any 


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1 amounts that an eligible entity has not obli2 gated under subparagraph (A)(i). 

3 (d) APPLICATION.—An eligible entity that desires a 

4 grant under this section shall submit to the Director an 

5 application that contains— 

6 (1) a copy of the comprehensive regional plan, 

7 whether developed as part of the comprehensive 

8 planning grant program under section 7 or devel9 oped independently; 

10 (2) a description of the project or projects pro11 posed to be carried out using a grant under the 

12 grant program; 

13 (3) a description of any preliminary actions 

14 that have been or must be taken at the local or re15 gional level to implement the project or projects 

16 under paragraph (2), including the revision of land 

17 use or zoning policies; 

18 (4) a signed copy of a memorandum of under19 standing among local jurisdictions, including, as ap20 propriate, a State, units of general purpose local 

21 government, units of special purpose local govern22 ment, metropolitan planning organizations, rural 

23 planning organizations, and regional councils that 

24 demonstrates— 


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1 (A) the creation of a consortium of units 

2 of general local government; and 

3 (B) a commitment to implement the activi4 ties described in the comprehensive regional 

5 plan; 

6 (5) a certification that the eligible entity has so7 licited public comment on the contents of the project 

8 description under paragraph (2) that includes— 

9 (A) a certification that the eligible entity 

10 has held 1 or more public hearings; 

11 (B) a description of the process for receiv12 ing public comment; 

13 (C) a summary of the comments received; 

14 and 

15 (D) such other information as the Director 

16 may require; 

17 (6) a budget for the project that includes the 

18 Federal share of the cost of the project or projects 

19 requested and a description of the source of the non20 Federal share; and 

21 (7) such additional information as the Director 

22 may require. 

23 (e) SELECTION.—In evaluating an application for a 

24 grant under the grant program, the Director shall con25 sider the extent to which the application— 


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1 (1) furthers the creation of livable communities; 

2 (2) demonstrates the technical capacity of the 

3 eligible entity to carry out the project; 

4 (3) demonstrates the extent to which the eligi5 ble entity has developed partnerships throughout an 

6 entire micropolitan or metropolitan statistical area, 

7 including partnerships with units of special purpose 

8 local government and public transportation agencies; 

9 (4) demonstrates clear and meaningful inter10 jurisdictional cooperation and coordination of hous11 ing, transportation, and environmental policies and 

12 plans; 

13 (5) demonstrates a commitment to imple14 menting a comprehensive regional plan and docu15 ments action taken or planned to implement the 

16 plan, including— 

17 (A) rezoning or other changes to land use 

18 controls to enable mixed-use, mixed-income de19 velopment; 

20 (B) planned or proposed public transpor21 tation investments, including— 

22 (i) financial contributions for capital 

23 and operating costs of public transpor24 tation; 


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1 (ii) improvements for bicycle riders 

2 and pedestrians; 

3 (iii) action taken to increase the num4 ber of trips made using public transpor5 tation and bicycles and by walking; and 

6 (iv) special efforts to address the 

7 needs of elderly, disabled, and low-income 

8 populations, including populations in rural 

9 areas; 

10 (C) investment in and actions relating to 

11 plans or proposals for incentives, subsidies, or 

12 requirements for developers to create and pre13 serve affordable housing, including— 

14 (i) workforce housing and affordable 

15 housing for low-income families, particu16 larly housing in mixed-income, location-ef17 ficient neighborhoods with transit-oriented 

18 development and access to public transpor19 tation, employment, and commercial and 

20 other services; and 

21 (ii) affordable housing for very low22 and extremely low-income families, particu23 larly housing in mixed-income, location-ef24 ficient neighborhoods with transit-oriented 

25 development; 


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1 (D) actions taken to promote transit-ori2 ented development, including plans or proposals 

3 for zoning, or for incentives, subsidies, or re4 quirements for developers; and 

5 (E) planned or proposed incentives, sub6 sidies, or requirements designed to preserve ag7 ricultural and rural land and other green space, 

8 including planned or proposed programs for the 

9 purchase of development rights; 

10 (6) minimizes the Federal share necessary to 

11 carry out the project; 

12 (7) identifies original and innovative ideas to 

13 overcoming regional problems, including local land 

14 use and zoning (or other code) obstacles to carrying 

15 out the comprehensive regional plan; 

16 (8) promotes location-efficient development 

17 through— 

18 (A) mixed-income, mixed-use residential 

19 and commercial development that is accessible 

20 to jobs and public transportation; or 

21 (B) development that is pedestrian-friendly 

22 and includes complete street projects; 

23 (9) promotes diversity among the geographic re24 gions and the sizes of the population of the commuVerDate Mar 15 2010 01:03 Dec 20, 2010 Jkt 099200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6401 E:\BILLS\S1619.RS S1619

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1 nities served by recipients of grants under this sec2 tion; 

3 (10) demonstrates that a Federal grant is nec4 essary to accomplish the project or projects proposed 

5 to be carried out; 

6 (11) has a high quality overall; and 

7 (12) demonstrates such other qualities as the 

8 Director may determine. 

9 (f) GRANT ACTIVITIES.— 

10 (1) PLANNING ACTIVITIES.—An eligible entity 

11 that receives a grant under the grant program may 

12 use not more than 10 percent of the grant for plan13 ning activities. 

14 (2) PROJECTS AND INVESTMENTS.—An eligible 

15 entity that receives a grant under the grant program 

16 shall carry out 1 or more projects that— 

17 (A) are designed to achieve goals identified 

18 in a comprehensive regional plan; and 

19 (B) promote livable communities through 

20 investment in— 

21 (i) transit-oriented development; 

22 (ii) transportation infrastructure and 

23 facilities, including public transportation, 

24 projects that improve access to public 

25 transportation, structured parking near 


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1 public transportation, and complete street 

2 projects; 

3 (iii) short-term operating funds to ini4 tiate a demonstration of new public trans5 portation services; 

6 (iv) promotion of employer-based com7 muter benefit programs to increase public 

8 transportation ridership; 

9 (v) promotion of trip reduction pro10 grams and the use of transportation alter11 natives; 

12 (vi) creating or preserving affordable 

13 housing for low-, very low-, and extremely 

14 low-income families in mixed-income, 

15 mixed-use neighborhoods with access to 

16 public transportation; 

17 (vii) brownfield redevelopment, or 

18 other redevelopment of communities and 

19 commercial areas, including the main 

20 streets of small towns; 

21 (viii) infrastructure maintenance and 

22 improvement initiatives that support re23 gionally integrated planning and smart 

24 growth; 

25 (ix) energy efficiency retrofit projects; 


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1 (x) land banking for transit-oriented 

2 development; 

3 (xi) implementing land use, zoning, 

4 and other code reforms to promote loca5 tion-efficient development and sustainable 

6 development; 

7 (xii) other economic development that 

8 is part of the comprehensive regional plan; 

9 and 

10 (xiii) other activities consistent with 

11 the purposes of this Act, as determined by 

12 the Director. 

13 (g) GRANT AGREEMENT.—Each eligible entity that 

14 receives a grant under this section shall agree to establish, 

15 in coordination with the Director, performance measures 

16 and reporting requirements that must be met at the end 

17 of each year in which the eligible entity receives funds 

18 under the grant program. 

19 (h) VIOLATION OF GRANT AGREEMENT.—If the Di20 rector determines that an eligible entity has not met the 

21 performance measures established under subsection (g), is 

22 not making reasonable progress toward meeting such 

23 measures, or is otherwise in violation of the grant agree24 ment, the Director may— 


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1 (1) withhold financial assistance until the per2 formance measures are met; or 

3 (2) terminate the grant agreement. 

4 (i) REPORT ON THE SUSTAINABILITY CHALLENGE

5 GRANT.— 

6 (1) IN GENERAL.—Not later than 90 days after 

7 the date on which the grant agreement under sub8 section (g) expires, an eligible entity that receives a 

9 grant under this section shall submit a final report 

10 on the project to the Council. 

11 (2) CONTENTS OF REPORT.—The report shall 

12 include— 

13 (A) a detailed explanation of the activities 

14 undertaken using the grant, including an expla15 nation of the completed project and how it 

16 achieves specific transit-oriented, transpor17 tation, housing, or sustainable community goals 

18 within the region; 

19 (B) a discussion of any obstacles encoun20 tered in the planning and implementation proc21 ess and how the eligible entity overcame the ob22 stacles; 

23 (C) an evaluation of the success of the 

24 project using the performance standards and 

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1 cluding an evaluation of the planning and im2 plementation process and how the project con3 tributes to carrying out the comprehensive re4 gional plan; and 

5 (D) any other information the Director 

6 may require. 

7 (3) INTERIM REPORT.—The Director may re8 quire an eligible entity to submit an interim report, 

9 before the date on which the project for which the 

10 grant is awarded is completed. 

11 (j) AUTHORIZATION OF APPROPRIATIONS.— 

12 (1) AUTHORIZATION.—There are authorized to 

13 be appropriated to the Secretary for the award of 

14 grants under this section, to remain available until 

15 expended— 

16 (A) $750,000,000 for fiscal year 2011; 

17 (B) $1,250,000,000 for fiscal year 2012; 

18 and 

19 (C) $1,750,000,000 for fiscal year 2013. 

20 (2) TECHNICAL ASSISTANCE.—Of amounts 

21 made available under this subsection, the Director 

22 may use for technical assistance under section 

23 5(c)(3) an amount that does not exceed the lesser 

24 of— 


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1 (A) 0.5 percent of the amounts made avail2 able under this subsection for a fiscal year; and 

3 (B) $2,000,000. 

4 SECTION 1. SHORT TITLE. 

5 This Act may be cited as the ‘‘Livable Communities 

6 Act of 2010’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 

9 (1) Demographic trends support the need for co10 operation in land use planning and the development 

11 of housing and transportation. The population of the 

12 United States will grow from approximately 

13 307,000,000 people to approximately 439,000,000 peo14 ple during the period between 2010 and 2050, an in15 crease of more than 40 percent. 

16 (2) By 2025, nearly 1 in every 5 people in the 

17 United States will be 65 years of age or older. 

18 (3) During the period between 1980 and 2000, 

19 the growth of the 99 largest metropolitan areas in the 

20 continental United States consumed 16,000,000 acres 

21 of rural land, or about 1 acre for every new house22 hold. 

23 (4) In 2007, traffic congestion caused people in 

24 large and small metropolitan areas of the United 

25 States to waste 4,200,000,000 hours in traffic and to 


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1 purchase an extra 2,800,000,000 gallons of fuel, for a 

2 congestion cost of $87,200,000,000. This represents a 

3 5-fold increase in wasted time and cost since 1982. 

4 (5) The Energy Information Administration of 

5 the Department of Energy forecasts that driving will 

6 increase 59 percent between 2005 and 2030, far out7 pacing the projected 23-percent increase in popu8 lation. 

9 (6) According to the United States Census Bu10 reau, only 54 percent of households in the United 

11 States have access to public transportation, limiting 

12 their transportation options. 

13 (7) In 2008, voters throughout the United States 

14 approved State and local ballot initiatives that sup15 ported public transportation 79 percent of the time, 

16 even when it meant local taxes would be raised or 

17 continued. 

18 (8) Demographers estimate that as much as 30 

19 percent of current demand for housing is for housing 

20 in dense, walkable, mixed-use communities, and that 

21 less than 2 percent of new housing is in this category. 

22 (9) The average household spends 19 percent of 

23 its household budget on transportation, and some very 

24 low-income households spend as much as 55 percent 

25 of the household budget on transportation. Households 


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1 with good access to public transportation spend only 

2 9 percent of the household budget on transportation, 

3 which increases the portion of the household budget 

4 available for other critical household needs. 

5 (10) The need for safe and affordable housing is 

6 great. Fifty-four percent of renters spend more than 

7 30 percent of their income on housing costs, and 29 

8 percent of renters pay more than 50 percent of their 

9 income for housing. In 2007, there was a shortage of 

10 2,800,000 units of affordable housing for extremely 

11 low-income renter households. An estimated 6,000,000 

12 households live with moderate or severe housing condi13 tions, including heating, plumbing, and electrical 

14 problems, and 24,000,000 households face significant 

15 lead-based paint hazards. 

16 (11) People who live in areas of compact devel17 opment (where housing, shopping, jobs, and public 

18 transportation are in close proximity) drive 20 to 40 

19 percent less than people who live in average develop20 ment patterns in the United States. 

21 (12) When the effects of emissions savings from 

22 passengers taking transit instead of driving and the 

23 reduction in vehicle miles traveled due to the impact 

24 of transit on land use are taken into account, public 

25 transportation in the United States reduces carbon 


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1 dioxide emissions by nearly 37,000,000 metric tons 

2 each year. 

3 (13) Transportation accounts for 70 percent of 

the oil consumed in the United States and nearly 1 4 ⁄3

5 of carbon emissions in the United States come from 

6 the transportation sector. Reducing the growth of the 

7 number of miles driven and providing transportation 

8 alternatives through good planning and sustainable 

9 development is a necessary part of the energy inde10 pendence and climate change strategies of the United 

11 States. 

12 (14) A number of studies, reports, and articles 

13 by organizations including the Environmental Protec14 tion Agency, the National Association of Realtors, 

15 and the Transit Cooperative Research Project have 

16 found that one of the keys to revitalizing and main17 taining the character of town centers and preserving 

18 surrounding agricultural land in small and rural 

19 communities is to prevent commercial and residential 

20 development on the outskirts of town, by promoting 

21 integrated housing, economic, and transportation de22 velopment in town centers. 

23 (15) More than 1,600,000 rural households do 

24 not have access to cars. 


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1 (16) The burden of transportation costs is espe2 cially heavy for low-income rural residents, because 

3 residents of rural areas drive approximately 17 per4 cent more than residents of urban areas. 

5 (17) Demand for public transportation in rural 

6 and small town communities is growing. Between 

7 2002 and 2005, ridership on small urban and rural 

8 public transportation systems increased 20 percent. 

9 (18) Poorly planned development in rural areas 

10 can fragment agricultural and forest lands, pollute 

11 waterways with surface water runoff, cause unneces12 sary environmental impacts, strain the capacity of 

13 rural roads, and sap economic vitality from existing 

14 ‘‘main street’’ commercial areas. 

15 (19) Funding for integrated housing, transpor16 tation, energy, environmental, and economic develop17 ment and other land use planning efforts at the local 

18 and regional levels is necessary to provide for sustain19 able development and smart growth. 

20 (20) Responsibilities related to health hazards in 

21 housing are not clearly delineated among Federal 

22 agencies. Categorical housing, health, energy assist23 ance, and environmental programs are narrowly de24 fined and often miss opportunities to address multiple 

25 hazards in the same dwelling simultaneously. EnaVerDate Mar 15 2010 01:03 Dec 20, 2010 Jkt 099200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6203 E:\BILLS\S1619.RS S1619

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1 bling Federal programs to embrace a comprehensive 

2 healthy housing approach will require removing un3 necessary Federal statutory and regulatory barriers, 

4 and creating incentives to advance the complementary 

5 goals of environmental health, energy conservation, 

6 and housing availability in relevant programs. 

7 SEC. 3. PURPOSES. 

8 The purposes of this Act are— 

9 (1) to facilitate and improve the coordination of 

10 housing, community development, transportation, en11 ergy, and environmental policy in the United States; 

12 (2) to coordinate Federal policies and invest13 ments to promote sustainable development; 

14 (3) to encourage regional planning for livable 

15 communities and the adoption of sustainable develop16 ment techniques, including transit-oriented develop17 ment; 

18 (4) to provide a variety of safe, reliable transpor19 tation choices, with special emphasis on public trans20 portation and complete streets, in order to reduce 

21 traffic congestion, greenhouse gas emissions, and de22 pendence on foreign oil; 

23 (5) to provide long-term affordable, accessible, 

24 energy-efficient, and location-efficient housing choices 

25 for people of all ages, incomes, races, and ethnicities, 


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1 and to make the combined costs of housing and trans2 portation more affordable to families; 

3 (6) to support, revitalize, and encourage growth 

4 in existing communities, in order to maximize the 

5 cost-effectiveness of existing infrastructure and pre6 serve undeveloped lands; 

7 (7) to promote economic development and com8 petitiveness by connecting the housing and employ9 ment locations of workers, reducing traffic congestion, 

10 and providing families with access to essential serv11 ices; 

12 (8) to preserve the environment and natural re13 sources, including agricultural and rural land and 

14 green spaces; and 

15 (9) to support public health and improve the 

16 quality of life for the residents of, and workers in, 

17 communities by promoting healthy, walkable neigh18 borhoods, access to green space, and the mobility to 

19 pursue greater opportunities. 

20 SEC. 4. DEFINITIONS. 

21 In this Act, the following definitions shall apply: 

22 (1) ACTIVE TRANSPORTATION.—The term ‘‘active 

23 transportation’’ means modes of transportation pow24 ered solely by human energy, including bicycling and 

25 walking. 


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1 (2) AFFORDABLE HOUSING.—The term ‘‘afford2 able housing’’ means housing, the cost of which does 

3 not exceed 30 percent of the income of a family. 

4 (3) CENSUS TRACT.—The term ‘‘census tract’’ 

5 means a small, relatively permanent statistical sub6 division of a county, delineated by a local committee 

7 of census data users for the purpose of presenting 

8 data. 

9 (4) CHAIRPERSON.—The term ‘‘Chairperson’’ 

10 means the Chairperson of the Interagency Council on 

11 Sustainable Communities. 

12 (5) COMPLETE STREET.—The term ‘‘complete 

13 street’’ means a street that enables all travelers, par14 ticularly public transit users, bicyclists, pedestrians 

15 (including individuals of all ages and individuals 

16 with disabilities), and motorists, to use the street safe17 ly and efficiently. 

18 (6) COMPREHENSIVE REGIONAL PLAN.—The term 

19 ‘‘comprehensive regional plan’’ means a plan that— 

20 (A) identifies land use, transportation, com21 munity development, housing, economic develop22 ment, environmental, energy, public health, and 

23 infrastructure needs and goals in a region; 


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1 (B) provides strategies for meeting the needs 

2 and goals described in subparagraph (A), includ3 ing strategies for— 

4 (i) providing long-term affordable, ac5 cessible, energy-efficient, and location-effi6 cient housing choices for people of all ages, 

7 incomes, races, and ethnicities; 

8 (ii) reducing growth in vehicle miles 

9 traveled, in order to reduce traffic conges10 tion, oil consumption, and regional green11 house gas emissions from transportation; 

12 (iii) encouraging economic competi13 tiveness and economic development; 

14 (iv) increasing the connectivity of the 

15 region by increasing public transportation 

16 ridership, improving access to transpor17 tation alternatives, and effectively imple18 menting a coordinated human services 

19 transportation plan; and 

20 (v) preserving the environment and 

21 natural resources; and 

22 (C) prioritizes projects for funding and im23 plementation. 

24 (7) CONSORTIUM OF UNITS OF GENERAL LOCAL

25 GOVERNMENTS.—The term ‘‘consortium of units of 


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1 general local governments’’ means a consortium of 

2 geographically contiguous units of general local gov3 ernment that the Secretary determines— 

4 (A) represents all or part of a metropolitan 

5 statistical area, a micropolitan statistical area, 

6 or a noncore area; 

7 (B) has the authority under State, tribal, or 

8 local law to carry out planning activities, in9 cluding surveys, land use studies, environmental 

10 or public health analyses, and development of 

11 urban revitalization plans; and 

12 (C) has provided documentation to the Sec13 retary sufficient to demonstrate that the purpose 

14 of the consortium is to carry out a project using 

15 a grant awarded under this Act. 

16 (8) COORDINATED HUMAN SERVICES TRANSPOR17 TATION.—The term ‘‘coordinated human services 

18 transportation’’ means transportation services con19 sistent with the coordinated public transportation20 human services transportation plans required under 

21 chapter 53 of title 49, United States Code. 

22 (9) COUNCIL.—The term ‘‘Council’’ means the 

23 Interagency Council on Sustainable Communities es24 tablished under section 6. 


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1 (10) DEPARTMENT.—The term ‘‘Department’’ 

2 means the Department of Housing and Urban Devel3 opment. 

4 (11) DIRECTOR.—The term ‘‘Director’’ means 

5 the Director of the Office of Sustainable Housing and 

6 Communities established under section 5. 

7 (12) EXTREMELY LOW-INCOME FAMILY.—The 

8 term ‘‘extremely low-income family’’ means a family 

9 that has an income that does not exceed— 

10 (A) 30 percent of the median income in the 

11 area where the family lives, as determined by the 

12 Secretary, with appropriate adjustments for the 

13 size of the family; or 

14 (B) a percentage of the median income in 

15 the area where the family lives, as determined by 

16 the Secretary upon a finding by the Secretary 

17 that such percentage is necessary due to unusu18 ally high or low family incomes in the area 

19 where the family lives. 

20 (13) HEALTHY HOUSING.—The term ‘‘healthy 

21 housing’’ means housing that is designed, constructed, 

22 rehabilitated, and maintained in a manner that sup23 ports the health of the occupants of the housing. 

24 (14) HIGH-POVERTY AREA.—The term ‘‘high25 poverty area’’ means a census tract, or a group of 


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1 contiguous census tracts, that has a poverty rate of 20 

2 percent or more. 

3 (15) HOUSING-RELATED HEALTH HAZARD.—The 

4 term ‘‘housing-related health hazard’’ means any bio5 logical, physical, or chemical source of exposure or 

6 condition in, or immediately adjacent to, housing 

7 that could adversely affect human health. 

8 (16) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

9 has the same meaning as in section 4 of the Native 

10 American Housing Assistance and Self-Determination 

11 Act of 1996 (25 U.S.C. 4103). 

12 (17) INTEGRATED ACTIVE TRANSPORTATION NET13 WORK.—The term ‘‘integrated active transportation 

14 network’’ means a network of facilities for active 

15 transportation, including bicycle lanes, bikeways, bi16 cycle boulevards, pedestrian and bicycle trails, and 

17 sidewalks that are coordinated to provide safe and 

18 convenient connections to public transportation, 

19 workplaces, schools, residences, businesses, recreation 

20 areas, and other community activity centers. 

21 (18) LIVABLE COMMUNITY.—The term ‘‘livable 

22 community’’ means a metropolitan, urban, suburban, 

23 or rural community that— 

24 (A) provides safe, reliable, and accessible 

25 transportation choices; 


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1 (B) provides long-term affordable, accessible, 

2 energy-efficient, and location-efficient housing 

3 choices for people of all ages, incomes, races, and 

4 ethnicities; 

5 (C) supports, revitalizes, and encourages the 

6 growth of existing communities and maximizes 

7 the cost-effectiveness of existing infrastructure; 

8 (D) promotes economic development and 

9 economic competitiveness; 

10 (E) preserves the environment and natural 

11 resources; 

12 (F) protects agricultural land, rural land, 

13 and green spaces; and 

14 (G) supports public health and improves the 

15 quality of life for residents of, and workers in, 

16 the community. 

17 (19) LOCATION-EFFICIENT.—The term ‘‘location18 efficient’’ characterizes mixed-use development or 

19 neighborhoods that integrate housing, commercial de20 velopment, and facilities and amenities including em21 ployment, healthcare and human services, educational 

22 facilities, and transportation— 

23 (A) to enhance mobility; 

24 (B) to encourage transit-oriented develop25 ment; 


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1 (C) to encourage infill development and 

2 maximize the use of existing infrastructure; and 

3 (D) to reduce growth in vehicle miles trav4 eled and the transportation costs and energy re5 quirements associated with ownership or rental 

6 of a home. 

7 (20) LOW-INCOME FAMILY.—The term ‘‘low-in8 come family’’ has the meaning given that term in sec9 tion 3(b) of the United States Housing Act of 1937 

10 (42 U.S.C. 1437a(b)). 

11 (21) METROPOLITAN PLANNING ORGANIZA12 TION.—The term ‘‘metropolitan planning organiza13 tion’’ means— 

14 (A) a metropolitan planning organization 

15 described in section 134(b) of title 23, United 

16 States Code; or 

17 (B) a metropolitan planning organization 

18 described in section 5303(b) of title 49, United 

19 States Code. 

20 (22) METROPOLITAN STATISTICAL AREA.—The 

21 term ‘‘metropolitan statistical area’’ means a county 

22 or group of counties that— 

23 (A) is designated by the Office of Manage24 ment and Budget as a metropolitan statistical 

25 area; and 


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1 (B) has 1 or more large population centers 

2 with a population of not less than 50,000 and 

3 adjacent territory with a high level of integra4 tion with the core. 

5 (23) MICROPOLITAN STATISTICAL AREA.—The 

6 term ‘‘micropolitan statistical area’’ means a county 

7 or group of counties that— 

8 (A) is designated by the Office of Manage9 ment and Budget as a micropolitan statistical 

10 area; and 

11 (B) has 1 or more large urban clusters with 

12 a population of not less than 10,000 and not 

13 more than 50,000. 

14 (24) NONCORE AREA.—The term ‘‘noncore area’’ 

15 means a county or group of counties that are not des16 ignated by the Office of Management and Budget as 

17 a micropolitan statistical area or metropolitan statis18 tical area. 

19 (25) OLDER ADULT.—The term ‘‘older adult’’ 

20 means an elderly person, as defined in section 3(b) of 

21 the United States Housing Act of 1937 (42 U.S.C. 

22 1437a(b)). 

23 (26) OFFICE.—The term ‘‘Office’’ means the Of24 fice of Sustainable Housing and Communities estab25 lished under section 5. 


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1 (27) REGIONAL COUNCIL.—The term ‘‘regional 

2 council’’ means a multi-service regional organization 

3 with State and locally defined boundaries that is— 

4 (A) accountable to units of general local 

5 government; 

6 (B) delivers a variety of Federal, State, and 

7 local programs; and 

8 (C) performs planning functions and pro9 vides professional and technical assistance. 

10 (28) RURAL PLANNING ORGANIZATION.—The 

11 term ‘‘rural planning organization’’ means a vol12 untary regional organization of local elected officials 

13 and representatives of local transportation systems 

14 that— 

15 (A) works in cooperation with the depart16 ment of transportation (or equivalent entity) of 

17 a State to plan transportation networks and ad18 vise officials of the State on transportation plan19 ning; and 

20 (B) is located in a rural area— 

21 (i) with a population of not less than 

22 5,000; and 

23 (ii) that is not located in an area rep24 resented by a metropolitan planning orga25 nization. 


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1 (29) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Housing and Urban Development. 

3 (30) STATE.—The term ‘‘State’’ has the meaning 

4 given that term by the Secretary, by rule. 

5 (31) SUSTAINABLE DEVELOPMENT.—The term 

6 ‘‘sustainable development’’ means a pattern of re7 source use designed to create livable communities 

8 by— 

9 (A) providing a variety of safe, reliable, 

10 and accessible transportation choices, with spe11 cial emphasis on public transportation and com12 plete streets, in order to reduce traffic congestion, 

13 greenhouse gas emissions, and oil consumption; 

14 (B) providing long-term affordable, acces15 sible, energy-efficient, and location-efficient hous16 ing choices for people of all income levels, ages, 

17 races, and ethnicities; 

18 (C) supporting, revitalizing, and encour19 aging the growth of communities and maxi20 mizing the cost-effectiveness of existing infra21 structure; 

22 (D) promoting economic development and 

23 economic competitiveness; 

24 (E) preserving the environment and natural 

25 resources; 


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1 (F) protecting agricultural land, rural land, 

2 and green spaces; and 

3 (G) supporting public health and improving 

4 the quality of life for residents of, and workers 

5 in, a community. 

6 (32) TRANSIT-ORIENTED DEVELOPMENT.—The 

7 term ‘‘transit-oriented development’’ means high-den8 sity, walkable, location-efficient, mixed-use develop9 ment, including commercial development, affordable 

10 housing, and market-rate housing, that is within 

11 walking distance of and accessible to 1 or more public 

12 transportation facilities. 

13 (33) UNIT OF GENERAL LOCAL GOVERNMENT.— 

14 The term ‘‘unit of general local government’’ means— 

15 (A) a city, county, town, township, parish, 

16 village, or other general purpose political sub17 division of a State; or 

18 (B) a combination of general purpose polit19 ical subdivisions, as determined by the Sec20 retary. 

21 (34) UNIT OF SPECIAL PURPOSE LOCAL GOVERN22 MENT.—The term ‘‘unit of special purpose local gov23 ernment’’— 

24 (A) means a division of a unit of general 

25 purpose government that serves a special purpose 


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1 and does not provide a broad array of services; 

2 and 

3 (B) includes an entity such as a school dis4 trict, a housing agency, a transit agency, and a 

5 parks and recreation district. 

6 (35) VERY LOW-INCOME FAMILY.—The term 

7 ‘‘very low-income family’’ has the same meaning as 

8 in section 3(b) of the United States Housing Act of 

9 1937 (42 U.S.C. 1437a(b)). 

10 (36) WORKFORCE HOUSING.—The term ‘‘work11 force housing’’ means housing, the cost of which does 

12 not exceed 30 percent of— 

13 (A) 120 percent of the median income in the 

14 area where the family lives, as determined by the 

15 Secretary, with appropriate adjustments for the 

16 size of the family; or 

17 (B) a percentage, as determined by the Sec18 retary, of the median income in the area where 

19 the family lives, upon a finding by the Secretary 

20 that such percentage is necessary due to unusu21 ally high or low family incomes in the area 

22 where the family lives. 


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1 SEC. 5. OFFICE OF SUSTAINABLE HOUSING AND COMMU2 NITIES. 

3 (a) OFFICE ESTABLISHED.—There is established in the 

4 Department an Office of Sustainable Housing and Commu5 nities, which shall— 

6 (1) coordinate Federal policies and initiatives 

7 that foster livable communities— 

8 (A) to encourage sustainable development at 

9 the State, regional, and local levels; 

10 (B) to encourage the development of com11 prehensive regional plans; 

12 (C) to foster energy-efficient communities 

13 and housing; 

14 (D) to provide long-term affordable, acces15 sible, energy-efficient, healthy, location-efficient 

16 housing choices for people of all ages, incomes, 

17 races, and ethnicities, particularly for low-, very 

18 low-, and extremely low-income families; and 

19 (E) to achieve other goals consistent with 

20 the purposes of this Act; 

21 (2) review Federal programs and policies to de22 termine barriers to sustainable communities and 

23 make recommendations to promote sustainability in 

24 the Department and throughout the Federal Govern25 ment; 


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1 (3) conduct research and advise the Secretary on 

2 the research agenda of the Department relating to sus3 tainable development, in coordination with the Office 

4 of Policy Development and Research of the Depart5 ment; 

6 (4) provide support for participation by the Sec7 retary in the activities of the Council; 

8 (5) implement and oversee the grant programs 

9 established under this Act by— 

10 (A) developing grant applications for each 

11 grant program; 

12 (B) promulgating regulations relating to 

13 each grant program; 

14 (C) selecting recipients of grants under each 

15 grant program; 

16 (D) creating performance measures for re17 cipients of grants under each grant program; 

18 (E) developing technical assistance and 

19 other guidance to assist recipients of grants and 

20 potential applicants for grants under each grant 

21 program; 

22 (F) monitoring and evaluating the perform23 ance of recipients of grants under each grant 

24 program; and 


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1 (G) carrying out such other activities relat2 ing to the administration of the grant programs 

3 under this Act as the Secretary determines are 

4 necessary; 

5 (6) provide guidance, information on best prac6 tices, and technical assistance to communities seeking 

7 to adopt sustainable development policies and prac8 tices; 

9 (7) administer initiatives of the Department re10 lating to the policies described in paragraph (1), as 

11 determined by the Secretary; 

12 (8) work with the Federal Transit Administra13 tion of the Department of Transportation— 

14 (A) to encourage transit-oriented develop15 ment; and 

16 (B) to coordinate Federal housing, commu17 nity development, and transportation policies, 

18 including the policies described in paragraph 

19 (1); and 

20 (9) coordinate with and conduct outreach to Fed21 eral agencies, including the Federal Transit Adminis22 tration of the Department of Transportation and the 

23 Office of Smart Growth of the Environmental Protec24 tion Agency, on sustainability issues, including meth25 ods to reduce duplicative programs and improve the 


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1 efficiency and effectiveness of programs within the De2 partment of Transportation, the Environmental Pro3 tection Agency, and the Department of Housing and 

4 Urban Development. 

5 (b) DIRECTOR.—The head of the Office shall be the Di6 rector of the Office of Sustainable Housing and Commu7 nities. 

8 (c) DUTIES RELATING TO GRANT PROGRAMS.— 

9 (1) IN GENERAL.—The Director, in coordination 

10 with the Council or a working group established by 

11 the Council under section 6(b)(6), shall carry out the 

12 grant programs established under this Act. 

13 (2) SMALL AND RURAL COMMUNITIES GRANTS

14 PROGRAM.—The Director shall coordinate with the 

15 Council, or a working group established by the Coun16 cil under section 6(b)(6), and the Secretary of Agri17 culture to make grants to small and rural commu18 nities under section 7(c)(1)(A) and section 8(c)(1)(A). 

19 (3) INTERIM WORKING GROUP.—During the pe20 riod between the date of enactment of this Act and the 

21 date on which a memorandum of understanding is 

22 signed under section 6(a)(7), in carrying out the 

23 grant programs under this Act, the Secretary shall 

24 consult with an interim working group that includes 

25 the Secretary of Transportation, the Administrator of 


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1 the Environmental Protection Agency (or the designee 

2 of such Secretary or Administrator), and representa3 tives from such other Federal agencies, departments, 

4 or offices, as the President may determine. 

5 (4) TECHNICAL ASSISTANCE FOR GRANT RECIPI6 ENTS AND APPLICANTS.— 

7 (A) IN GENERAL.—The Director may— 

8 (i) coordinate with the members of the 

9 Council to establish interagency and multi10 disciplinary teams to provide technical as11 sistance to recipients of, and prospective ap12 plicants for, grants under this Act; 

13 (ii) by Federal interagency agreement, 

14 transfer funds to another Federal agency to 

15 facilitate and support technical assistance; 

16 and 

17 (iii) make contracts with third parties 

18 to provide technical assistance to grant re19 cipients and prospective applicants for 

20 grants. 

21 (B) RURAL AND SMALL COMMUNITIES

22 TECHNICAL ASSISTANCE.—In consultation with 

23 the Council, the Director shall develop coopera24 tive arrangements with the Secretary of Agri25 culture, the Administrator of the Environmental 


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1 Protection Agency, and the Secretary of Trans2 portation to provide technical assistance to small 

3 and rural communities applying for grants 

4 under section 7(c)(1)(A) or section 8(c)(1)(A). 

5 (d) REPORT ON HOUSING LOCATION AFFORDABILITY

6 INDEX.— 

7 (1) STUDY.—The Director shall conduct a study 

8 on— 

9 (A) the development of a housing location 

10 affordability index that includes both housing 

11 and transportation costs; and 

12 (B) ways in which the affordability index 

13 described in subparagraph (A) could be made 

14 available to the public to inform consumers of 

15 the combined costs of housing and transpor16 tation. 

17 (2) REPORT.—Not later than 1 year after the 

18 date of enactment of this Act, the Director shall sub19 mit to the Committee on Banking, Housing, and 

20 Urban Affairs of the Senate and the Committee on 

21 Financial Services of the House of Representatives a 

22 report on the study under paragraph (1). 

23 (e) REPORT ON INCENTIVES FOR ENERGY-EFFICIENT

24 MORTGAGES AND LOCATION-EFFICIENT MORTGAGES.— 

25 (1) DEFINITIONS.—In this subsection— 


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1 (A) the term ‘‘energy-efficient mortgage’’ 

2 means a mortgage loan under which the income 

3 of the borrower, for purposes of qualification for 

4 such loan, is considered to be increased by not 

5 less than $1 for each $1 of savings projected to 

6 be realized by the borrower as a result of cost7 effective energy-saving design, construction, or 

8 improvements (including use of renewable energy 

9 sources, such as solar, geothermal, biomass, and 

10 wind, super-insulation, energy-saving windows, 

11 insulating glass and film, and radiant barrier) 

12 for the home for which the loan is made; and 

13 (B) the term ‘‘location-efficient mortgage’’ 

14 means a mortgage loan under which— 

15 (i) the income of the borrower, for pur16 poses of qualification for such loan, is con17 sidered to be increased by not less than $1 

18 for each $1 of savings projected to be real19 ized by the borrower because the location of 

20 the home for which the loan is made will re21 sult in decreased transportation costs for the 

22 household of the borrower; or 

23 (ii) the sum of the principal, interest, 

24 taxes, and insurance due under the mort25 gage loan is decreased by not less than $1 


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1 for each $1 of savings projected to be real2 ized by the borrower because the location of 

3 the home for which the loan is made will re4 sult in decreased transportation costs for the 

5 household of the borrower. 

6 (2) STUDY.— 

7 (A) IN GENERAL.—The Director shall con8 duct a study on incentives for encouraging lend9 ers to make, and homebuyers and homeowners to 

10 participate in, energy-efficient mortgages and lo11 cation-efficient mortgages, including— 

12 (i) fee reductions; 

13 (ii) fee waivers; 

14 (iii) interest rate reductions; and 

15 (iv) adjustment of mortgage qualifica16 tions. 

17 (B) CONSIDERATIONS.—In studying the in18 centives under subparagraph (A), the Secretary 

19 shall consider— 

20 (i) the potential for lower risk of de21 fault on energy-efficient mortgages and loca22 tion-efficient mortgages in comparison to 

23 mortgages that are not energy-efficient or 

24 location-efficient; and 


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1 (ii) any other factors affecting the fea2 sibility, affordability, and sustainability of 

3 energy-efficient mortgages and location-effi4 cient mortgages. 

5 (3) REPORT.—Not later than 1 year after the 

6 date of enactment of this Act, the Director shall sub7 mit to the Committee on Banking, Housing, and 

8 Urban Affairs of the Senate and the Committee on 

9 Financial Services of the House of Representatives a 

10 report on the study under paragraph (2). 

11 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

12 authorized to be appropriated to the Secretary such sums 

13 as may be necessary to carry out this section. 

14 SEC. 6. INTERAGENCY COUNCIL ON SUSTAINABLE COMMU15 NITIES. 

16 (a) ESTABLISHMENT OF COUNCIL.— 

17 (1) ESTABLISHMENT.—There is established in 

18 the executive branch an independent entity to be 

19 known as the Interagency Council on Sustainable 

20 Communities. 

21 (2) MEMBERS.— 

22 (A) IN GENERAL.—The members of the 

23 Council shall be— 


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1 (i) the Secretary, the Secretary of 

2 Transportation, and the Administrator of 

3 the Environmental Protection Agency; and 

4 (ii) such representatives from other 

5 Federal agencies, departments, or offices in 

6 the executive branch as the President may 

7 prescribe. 

8 (B) DESIGNEES.— 

9 (i) IN GENERAL.—The head of a Fed10 eral agency described in subparagraph (A) 

11 may select a designee to serve in the place 

12 of the head of the Federal agency on the 

13 Council. 

14 (ii) QUALIFICATIONS.—The head of a 

15 Federal agency that selects a designee under 

16 clause (i) shall ensure that the designee has 

17 the appropriate experience and authority to 

18 serve on the Council. 

19 (C) PAY.—The members of the Council shall 

20 serve with no additional pay. 

21 (3) CHAIRPERSON.— 

22 (A) CHAIRPERSON.—The Chairperson of the 

23 Council shall be, in successive terms— 

24 (i) the Secretary; 


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1 (ii) the Secretary of Transportation; 

2 and 

3 (iii) the Administrator of the Environ4 mental Protection Agency. 

5 (B) DUTIES.—The Chairperson shall— 

6 (i) set the time, date, and location of 

7 each meeting of the Council; and 

8 (ii) in consultation with the members 

9 of the Council, set the agenda for each meet10 ing of the Council. 

11 (C) TERM.—The Chairperson shall serve for 

12 a term of 1 year. 

13 (D) FIRST CHAIRPERSON.—The Secretary 

14 shall be the first individual to serve as Chair15 person after the date of enactment of this Act. 

16 (4) EXECUTIVE DIRECTOR AND STAFF.— 

17 (A) EXECUTIVE DIRECTOR.— 

18 (i) APPOINTMENT AND COMPENSA19 TION.—The Council shall appoint an Exec20 utive Director, who shall be compensated at 

21 a rate not to exceed the rate of basic pay for 

22 level V of the Executive Schedule under sec23 tion 5316 of title 5, United States Code. 

24 (ii) SENSE OF CONGRESS.—It is the 

25 sense of Congress that the Council should 


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1 appoint an Executive Director not later 

2 than 90 days after the date of enactment of 

3 this Act. 

4 (B) ADDITIONAL PERSONNEL.—With the 

5 approval of the Council, the Executive Director 

6 of the Council may appoint and fix the com7 pensation of such additional personnel as the 

8 Executive Director determines are necessary to 

9 carry out the duties of the Council. 

10 (C) DETAILEES FROM OTHER AGENCIES.— 

11 Upon request of the Council, the head of any 

12 Federal agency may detail any of the personnel 

13 of such agency to the Council to assist the Coun14 cil in carrying out its duties under this section. 

15 (D) EXPERTS AND CONSULTANTS.—With 

16 the approval of the Council, the Executive Direc17 tor of the Council may procure temporary and 

18 intermittent services pursuant to section 3109(b) 

19 of title 5, United States Code. 

20 (5) CONSULTATION WITH ADDITIONAL SECRE21 TARIES AND ADMINISTRATORS.— 

22 (A) CONSULTATION.—In carrying out its 

23 duties under this section, the Council may con24 sult with the heads of departments, agencies, and 

25 offices in the executive branch, including the SecVerDate Mar 15 2010 01:03 Dec 20, 2010 Jkt 099200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6203 E:\BILLS\S1619.RS S1619

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1 retary of Energy, the Secretary of Education, the 

2 Secretary of Agriculture, the Secretary of Health 

3 and Human Services, the Secretary of Com4 merce, the Secretary of the Interior, the Chair5 man of the Council on Environmental Quality, 

6 and the Director of the White House Office of 

7 Urban Affairs. 

8 (B) PARTICIPATION IN MEETINGS OF COUN9 CIL.—The head of a department, agency, or of10 fice with whom the Council consults under sub11 paragraph (A) may participate in a meeting of 

12 the Council. 

13 (C) INFORMATION SHARING.—The head of 

14 each Federal agency shall make available to the 

15 Council such information as may be necessary 

16 for the Council to carry out its duties under this 

17 section. 

18 (6) MEETINGS.—The Council shall meet— 

19 (A) not later than 90 days after the date of 

20 enactment of this Act; and 

21 (B) not less frequently than 3 times each 

22 year. 

23 (7) GOVERNANCE.—Not later than 120 days after 

24 the date of enactment of this Act, the members of the 

25 Council shall develop and sign a memorandum of unVerDate Mar 15 2010 01:03 Dec 20, 2010 Jkt 099200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6203 E:\BILLS\S1619.RS S1619

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1 derstanding that establishes rules relating to the gov2 ernance of the Council, including rules relating to the 

3 process by which decisions of the Council are made. 

4 (8) INCORPORATION OF WORK OF INTERIM WORK5 ING GROUP.—Any activities carried out by an in6 terim working group pursuant to section 5(c)(2) shall 

7 be incorporated into the activities of the Council, ef8 fective on the date on which the memorandum of un9 derstanding under paragraph (7) is signed. 

10 (b) DUTIES OF THE COUNCIL.—The Council shall— 

11 (1) ensure interagency coordination of Federal 

12 policy on sustainable development; 

13 (2) conduct outreach to nonprofit and for-profit 

14 organizations and State and local governments to 

15 build partnerships and knowledge relating to sustain16 able development; 

17 (3) with respect to sustainable development ef18 forts by departments and agencies of the Federal Gov19 ernment— 

20 (A) coordinate the research agendas of the 

21 departments and agencies, to consolidate or 

22 eliminate overlapping or duplicative efforts; and 

23 (B) review Federal sustainable housing pro24 grams at each department and agency, report the 

25 results of the review on the website of the Council 


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1 not less than frequently than annually, and 

2 make recommendations to Congress with respect 

3 to the review; 

4 (4) establish a clearinghouse for guidance, best 

5 practices, and other information for communities un6 dertaking activities relating to sustainable develop7 ment; 

8 (5) coordinate an assessment by departments 

9 and agencies of the Federal Government of impedi10 ments to sustainable development, including impedi11 ments created by Federal programs, and the develop12 ment of recommendations for methods for overcoming 

13 such impediments; 

14 (6) coordinate with the Director on activities re15 lating to the grant programs established under this 

16 Act, as described in section 5(a)(5), or establish a 

17 working group to coordinate with the Director on 

18 such activities; 

19 (7) lead the Federal initiative to support healthy 

20 housing and eradicate housing-related health hazards 

21 by— 

22 (A) reviewing, monitoring, and evaluating 

23 Federal housing, health, energy, and environ24 mental programs and identifying areas of over25 lap and duplication that could be improved; 


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1 (B) identifying best practices and model 

2 programs, including practices and programs that 

3 link services for low-income families and services 

4 for health hazards; 

5 (C) identifying best practices for finance 

6 products, building codes, and regulatory prac7 tices; 

8 (D) researching training programs and 

9 work practices that can accurately assess hous10 ing-related health hazards; 

11 (E) promoting collaboration among Federal, 

12 State, local, and tribal agencies and non-govern13 mental organizations; and 

14 (F) coordinating with all relevant Federal 

15 agencies; and 

16 (8) coordinate with the Director to develop com17 mon performance measures to assess the progress and 

18 effectiveness of projects carried out using grants made 

19 under this Act, including efforts to provide detailed 

20 and in-depth analysis, data collection, and applica21 tion of rigorous methods of measuring and addressing 

22 the impacts and outcomes of the projects, particularly 

23 with respect to the extent to which the projects have— 


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1 (A) provided improved and efficient access 

2 to jobs and other activities throughout metropoli3 tan areas and micropolitan areas and regions; 

4 (B) reduced carbon emissions and petroleum 

5 consumption associated with transportation on 

6 per capita and vehicle-miles-traveled bases, and 

7 made other environmental improvements, as de8 termined by the Council; 

9 (C) increased energy efficiency in commu10 nities and housing; 

11 (D) improved the availability and quality 

12 of long-term affordable and location-efficient 

13 housing for people of all income levels, particu14 larly in mixed-income neighborhoods with access 

15 to public transportation; 

16 (E) encouraged density and mixed-use development within 1 17 ⁄2 mile of transit stations in 

18 regions with fixed guideway transit; 

19 (F) increased the number of trips taken by 

20 walking, biking, and transit in a region; 

21 (G) encouraged location-efficient develop22 ment and the use of existing infrastructure in a 

23 region; and 

24 (H) prompted an increase in comprehensive 

25 regional land use planning efforts, including the 


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1 preservation of agricultural and rural land and 

2 green spaces. 

3 (c) REPORTS.— 

4 (1) ANNUAL REPORT.—Not later than 1 year 

5 after the date of enactment of this Act, and annually 

6 thereafter, the Council shall submit to the Committee 

7 on Banking, Housing, and Urban Affairs of the Sen8 ate and the Committee on Financial Services of the 

9 House of Representatives a report that contains— 

10 (A) a description of the activities and ac11 complishments of the Council; 

12 (B) an evaluation of the development and 

13 implementation of performance measures to 

14 guide progress on cost-effective and outcome-ori15 ented investment and a description of possible 

16 impediments to developing effective performance 

17 measures; and 

18 (C) recommendations, if any, for legislation 

19 or other action necessary to eradicate housing-re20 lated health hazards. 

21 (2) RECOMMENDATIONS.—Not later than 1 year 

22 after the date of enactment of this Act, the Council 

23 shall submit to the Committee on Banking, Housing, 

24 and Urban Affairs of the Senate and the Committee 


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1 on Financial Services of the House of Representatives 

2 a report that contains— 

3 (A) an analysis of impediments to sustain4 able development; and 

5 (B) recommendations for action by the Fed6 eral Government on issues relating to sustainable 

7 development. 

8 (d) STUDIES AND REPORTS.— 

9 (1) GAO STUDY OF FEDERAL ACTIONS AND RE10 PORT.—Not later than 3 years after the date of enact11 ment of this Act, the Comptroller General shall sub12 mit to the Committee on Banking, Housing, and 

13 Urban Affairs of the Senate and the Committee on 

14 Financial Services of the House of Representatives a 

15 report that contains— 

16 (A) an updated analysis of impediments to 

17 sustainable development, as described in sub18 section (c)(2)(A); and 

19 (B) a description of actions taken by the 

20 Federal Government to implement the rec21 ommendations made by the Council in the report 

22 under subsection (c)(2)(B). 

23 (2) COUNCIL STUDY ON SUSTAINABLE BUILDING

24 FEATURES AND INDOOR ENVIRONMENTAL QUALITY IN

25 HOUSING.— 


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1 (A) IN GENERAL.—The Council, in con2 sultation with Secretary of Energy, the Directors 

3 of the National Institute of Standards and Tech4 nology, the Director of the Centers for Disease 

5 Control and Prevention, the National Institute of 

6 Environmental Health Sciences, and any other 

7 Federal agency the Director determines is appro8 priate, shall conduct a detailed study of how sus9 tainable building features, such as energy effi10 ciency, in housing affect the quality of the indoor 

11 environment, the prevalence of housing-related 

12 health hazards, and the health of occupants. 

13 (B) CONTENTS OF STUDY.—The study 

14 under subparagraph (A) shall— 

15 (i) investigate the effect of sustainable 

16 building features on the quality of the in17 door environment and the prevalence of 

18 housing-related health hazards; 

19 (ii) investigate how sustainable build20 ing features, such as energy efficiency, in21 fluence the health of occupants; and 

22 (iii) comprehensively evaluate the ef23 fects on indoor environmental quality. 

24 (C) REPORT.—Not later than 3 years after 

25 the date of enactment of this Act, the Council 


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1 shall submit to the Committee on Banking, 

2 Housing, and Urban Affairs of the Senate and 

3 the Committee on Financial Services of the 

4 House of Representatives a report on the results 

5 of the study under subparagraph (A). 

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There are 

7 authorized to be appropriated such sums as may be nec8 essary to carry out this section. 

9 SEC. 7. COMPREHENSIVE PLANNING GRANT PROGRAM. 

10 (a) DEFINITIONS.—In this section— 

11 (1) the term ‘‘eligible entity’’ means— 

12 (A) a partnership between a consortium of 

13 units of general local government and an eligible 

14 partner; or 

15 (B) an Indian tribe, if— 

16 (i) the Indian tribe has— 

17 (I) a tribal entity that performs 

18 housing and land use planning func19 tions; and 

20 (II) a tribal entity that performs 

21 transportation and transportation 

22 planning functions; and 

23 (ii) the Secretary determines that the 

24 isolated location and land expanse of the 

25 Indian tribe require the Secretary to treat 


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1 the tribe as an eligible entity for purposes 

2 of carrying out activities using a grant 

3 under this section; 

4 (2) the term ‘‘eligible partner’’ means— 

5 (A) a metropolitan planning organization, 

6 a rural planning organization, or a regional 

7 council; or 

8 (B) a metropolitan planning organization, 

9 a rural planning organization, or a regional 

10 council, and— 

11 (i) a State; 

12 (ii) an Indian tribe; or 

13 (iii) a State and an Indian tribe; and 

14 (3) the term ‘‘grant program’’ means the com15 prehensive planning grant program established under 

16 subsection (b). 

17 (b) COMPREHENSIVE PLANNING GRANT PROGRAM ES18 TABLISHED.—The Director shall establish a comprehensive 

19 planning grant program to make grants to eligible entities 

20 to carry out a project— 

21 (1) to coordinate land use, housing, transpor22 tation, including coordinated human services trans23 portation, infrastructure, and environmental plan24 ning processes, across jurisdictions and agencies; 


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1 (2) to identify potential regional partnerships 

2 for developing and implementing a comprehensive re3 gional plan; 

4 (3) to conduct or update housing, infrastructure, 

5 transportation, energy, and environmental assess6 ments to determine regional needs and promote sus7 tainable development; 

8 (4) to develop or update— 

9 (A) a comprehensive regional plan; or 

10 (B) goals and strategies to implement an 

11 existing comprehensive regional plan; and 

12 (5) to implement local zoning and other code 

13 changes necessary to implement a comprehensive re14 gional plan and promote sustainable development. 

15 (c) GRANTS.— 

16 (1) DIVERSITY OF GRANTEES.—The Director 

17 shall ensure geographic diversity among and adequate 

18 representation from each of the following categories: 

19 (A) SMALL AND RURAL COMMUNITIES.—El20 igible entities that represent all or part of a 

21 noncore area, a micropolitan area, or a small 

22 metropolitan statistical area with a population 

23 of not more than 200,000. 

24 (B) MID-SIZED METROPOLITAN COMMU25 NITIES.—Eligible entities that represent all or 


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1 part of a metropolitan statistical area with a 

2 population of more than 200,000 and not more 

3 than 500,000. 

4 (C) LARGE METROPOLITAN COMMUNITIES.— 

5 Eligible entities that represent all or part of a 

6 metropolitan statistical area with a population 

7 of more than 500,000. 

8 (2) AWARD OF FUNDS TO SMALL AND RURAL

9 COMMUNITIES.— 

10 (A) IN GENERAL.—The Director shall 

11 award not less than 15 percent of the funds 

12 under the grant program to eligible entities de13 scribed in paragraph (1)(A). 

14 (B) INSUFFICIENT APPLICATIONS.—If the 

15 Director determines that insufficient approvable 

16 applications have been submitted by eligible enti17 ties described in paragraph (1)(A), the Director 

18 may award less than 15 percent of the funds 

19 under the grant program to eligible entities de20 scribed in paragraph (1)(A). 

21 (3) FEDERAL SHARE.— 

22 (A) IN GENERAL.—Except as provided in 

23 subparagraph (B), the Federal share of the cost 

24 of a project carried out using a grant under the 

25 grant program may not exceed 80 percent. 


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1 (B) INDIAN TRIBES.—In the case of an eli2 gible entity that is an Indian tribe, the Federal 

3 share of the cost of a project carried out using 

4 a grant under the grant program may be 100 

5 percent. 

6 (C) IN-KIND CONTRIBUTIONS.—For the pur7 poses of this section, in-kind contributions may 

8 be used for all or part of the non-Federal share 

9 of the cost of a project carried out using a grant 

10 under the grant program. 

11 (4) AVAILABILITY OF FUNDS.— 

12 (A) IN GENERAL.—An eligible entity that 

13 receives a grant under the grant program shall— 

14 (i) obligate any funds received under 

15 the grant program not later than 2 years 

16 after the date on which the grant agreement 

17 under subsection (g) is made; and 

18 (ii) expend any funds received under 

19 the grant program not later than 4 years 

20 after the date on which the grant agreement 

21 under subsection (g) is made. 

22 (B) UNOBLIGATED AMOUNTS.—After the 

23 date described in subparagraph (A)(i), the Sec24 retary may award to another eligible entity, to 

25 carry out activities under this section, any 


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1 amounts that an eligible entity has not obligated 

2 under subparagraph (A)(i). 

3 (d) APPLICATION.— 

4 (1) IN GENERAL.—An eligible entity that desires 

5 a grant under this section shall submit to the Director 

6 an application, at such time and in such manner as 

7 the Director shall prescribe, that contains— 

8 (A) a description of the project proposed to 

9 be carried out by the eligible entity; 

10 (B) a budget for the project that includes 

11 the anticipated Federal share of the cost of the 

12 project and a description of the source of the 

13 non-Federal share; 

14 (C) the designation of a lead agency or or15 ganization, which may be the eligible entity, to 

16 receive and manage any funds received by the el17 igible entity under the grant program; 

18 (D) a signed copy of a memorandum of un19 derstanding among local jurisdictions, including, 

20 as appropriate, a State, a tribe, units of general 

21 purpose local government, units of special pur22 pose local government, metropolitan planning or23 ganizations, rural planning organizations, and 

24 regional councils that demonstrates— 

25 (i) the creation of an eligible entity; 


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1 (ii) a description of the nature and ex2 tent of planned collaboration between the el3 igible entity and any partners of the eligible 

4 entity; 

5 (iii) a commitment to develop a com6 prehensive regional plan; and 

7 (iv) a commitment to implement the 

8 plan after the plan is developed; 

9 (E) a certification that the eligible entity 

10 has— 

11 (i) secured the participation, or made 

12 a good-faith effort to secure the participa13 tion, of the public transportation agencies 

14 and public housing agencies within the area 

15 affected by the comprehensive regional plan 

16 and the entities described in clause (ii); and 

17 (ii) created, or will create not later 

18 than 1 year after the date of the grant 

19 award, a regional advisory board to provide 

20 input and feedback on the development of 

21 the comprehensive regional plan that in22 cludes, as appropriate, representatives of a 

23 State, the metropolitan planning organiza24 tion, the rural planning organization, the 

25 regional council, public transportation 


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1 agencies, public housing agencies, economic 

2 development authorities, Indian tribes, other 

3 local governments, environmental agencies, 

4 public health agencies, human services agen5 cies, area agencies on aging, the nonprofit 

6 community, the private sector, community7 based organizations, citizen groups, neigh8 borhood groups, and members of the public, 

9 including representatives of older adults, 

10 persons with disabilities, and low-income 

11 families; 

12 (F) a certification that the eligible entity 

13 has solicited public comment on the contents of 

14 the project description under subparagraph (A) 

15 that includes— 

16 (i) a description of the process for re17 ceiving public comment relating to the pro18 posal; and 

19 (ii) such other information as the Di20 rector may require; 

21 (G) a description of how the eligible entity 

22 will carry out the activities under subsection (f); 

23 and 

24 (H) such additional information as the Di25 rector may require. 


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1 (2) INDIAN TRIBES.—An eligible entity that is 

2 an Indian tribe is not required to submit the certifi3 cation under paragraph (1)(E). 

4 (e) SELECTION.—In evaluating an application for a 

5 grant under the grant program, the Director shall consider 

6 the extent to which the application— 

7 (1) furthers the creation of livable communities; 

8 (2) demonstrates the technical capacity of the eli9 gible entity to carry out the project; 

10 (3) demonstrates the extent to which the consor11 tium has developed partnerships throughout an entire 

12 region, including, as appropriate, partnerships with 

13 the entities described in subsection (d)(1)(D); 

14 (4) demonstrates a commitment to— 

15 (A) sustainable development and location-ef16 ficient development; 

17 (B) transit-oriented development, where ap18 propriate; 

19 (C) developing new capacity for public 

20 transportation and increasing ridership on pub21 lic transportation; 

22 (D) providing long-term affordable, acces23 sible, energy-efficient, healthy, and location-effi24 cient housing choices for families of all ages, in25 comes, races, and ethnicities; 


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1 (E) creating and preserving long-term af2 fordable, energy-efficient, healthy, and location3 efficient housing for low-, very low-, and ex4 tremely low-income families, particularly in 

5 mixed-income neighborhoods; 

6 (F) revitalizing communities, neighborhoods 

7 and commercial centers supported by existing in8 frastructure; 

9 (G) monitoring and improving environ10 mental quality, including air and water quality, 

11 energy use, greenhouse gas emissions, and the re12 development of brownfields; 

13 (H) coordinating the provision of transpor14 tation services and information about such serv15 ices to older adults, persons with disabilities, 

16 and low-income families; and 

17 (I) increasing trips made by bicycle and 

18 walking through strategies including developing 

19 integrated active transportation networks and 

20 enacting and implementing complete street poli21 cies; 

22 (5) demonstrates a plan for implementing a 

23 comprehensive regional plan through regional infra24 structure investment plans and local land use plans; 


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1 (6) promotes diversity among the geographic re2 gions and the size of the population of the commu3 nities served by recipients of grants under this sec4 tion; 

5 (7) promotes economic benefits; 

6 (8) demonstrates a commitment to seeking sub7 stantial public input during the planning process and 

8 public participation in the development of the com9 prehensive regional plan; 

10 (9) demonstrates that a Federal grant is nec11 essary to accomplish the project proposed to be car12 ried out; 

13 (10) minimizes the Federal share necessary to 

14 carry out the project and leverages State, local, or 

15 private resources; 

16 (11) has a high quality overall; and 

17 (12) demonstrates such other qualities as the Di18 rector may determine. 

19 (f) ELIGIBLE ACTIVITIES.—An eligible entity that re20 ceives a grant under this section shall carry out a project 

21 that includes 1 or more of the following activities: 

22 (1) Planning and coordinating across jurisdic23 tions in the region to develop a comprehensive re24 gional plan. 


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1 (2) Developing achievable goals and strategies for 

2 carrying out the comprehensive regional plan, includ3 ing— 

4 (A) land use, zoning, and other code reform, 

5 including reform of conservation zoning in agri6 cultural and other natural resource areas; 

7 (B) promoting efficient land use, mixed-use 

8 development, and the preservation of agricul9 tural, green, and open space; 

10 (C) increasing access to and ridership on 

11 public transportation, including safe, accessible 

12 routes to public transportation; 

13 (D) the creation and preservation of work14 force housing and affordable housing for low-, 

15 very low-, and extremely low-income families, 

16 including housing with access to jobs, public 

17 transportation, and community services and 

18 amenities and housing in mixed-income neigh19 borhoods; 

20 (E) promoting economic development and 

21 transit-oriented development, including co-loca22 tion of healthcare and human services; 

23 (F) revitalizing communities; 


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1 (G) promoting environmental protection, 

2 public health, and healthy housing, and reducing 

3 greenhouse gas emissions; 

4 (H) increasing connectivity to healthcare 

5 centers for people of all ages and abilities, with 

6 particular focus on older adults, persons with 

7 disabilities, and veterans; and 

8 (I) increasing trips made by bicycle and 

9 walking through strategies including developing 

10 integrated active transportation networks. 

11 (3) Developing a plan that outlines feasible steps 

12 for implementing the comprehensive regional plan, 

13 including making interjurisdictional agreements that 

14 provide for cooperative and coordinated approaches to 

15 achieving the goals of the plan. 

16 (4) Developing a plan that adapts to changes in 

17 population and demographics, including the adoption 

18 of location-efficient land use plans and the adaptive 

19 re-use of vacant and abandoned properties and under20 utilized properties. 

21 (5) Assessing projected regional population 

22 growth or loss and demographic changes. 

23 (6) Assessing how the regional population growth 

24 or loss and demographic changes will impact the need 


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1 for housing, community development, and transpor2 tation, including public transportation in the region. 

3 (7) Assessing the accessibility of job centers with4 in the region to public transportation facilities and 

5 housing. 

6 (8) Assessing transportation options in the re7 gion, including— 

8 (A) public transportation options; 

9 (B) options for creating integrated active 

10 transportation networks to increase trips made 

11 by bicycle and walking, including complete street 

12 policies and procedures; 

13 (C) options for people with low incomes, 

14 people living in high-poverty areas, older adults, 

15 and persons with disabilities; 

16 (D) the effectiveness of coordinated human 

17 services transportation in the region; and 

18 (E) any obstacles to providing access to lo19 cations that offer employment opportunities. 

20 (9) Assessing the daily vehicle miles traveled in 

21 the region and opportunities for reducing the growth 

22 in daily vehicle miles traveled and traffic congestion. 

23 (10) Assessing housing needs, including the need 

24 for workforce housing and long-term affordable hous25 ing for low-, very low-, and extremely low-income 


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1 families, and the availability of housing in the region 

2 to meet such needs. 

3 (11) Assessing the need to create, preserve, and 

4 improve long-term affordable housing for low-, very 

5 low-, and extremely low-income families and families 

6 that utilize workforce housing in areas that— 

7 (A) are undergoing redevelopment or car8 rying out transit-oriented development; 

9 (B) have access to transportation (particu10 larly public transportation), jobs, educational fa11 cilities, neighborhood commercial centers, and 

12 medical services; and 

13 (C) are in mixed-income neighborhoods. 

14 (12) Assessing methods for lowering the combined 

15 cost of housing and transportation for families in the 

16 region, particularly for families that utilize workforce 

17 housing and for low-, very low-, and extremely low18 income families. 

19 (13) Assessing existing water and sewer infra20 structure in the region, including projected water and 

21 sewer needs and sources, the need for sewer infrastruc22 ture, and the existence of flood plains. 

23 (14) Assessing local land use and zoning policies 

24 and opportunities for revising or expanding such 

25 policies to implement a comprehensive regional plan. 


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1 (15) Assessing the opportunity to revitalize exist2 ing communities, including infill development. 

3 (16) Assessing environmental and public health 

4 needs in the region and potential strategies for reduc5 ing greenhouse gas emissions, improving air and 

6 water quality, and remediating brownfield sites. 

7 (17) Assessing the impact of infrastructure on 

8 quality of life and wellness, including access to rec9 reational facilities and active transportation opportu10 nities, such as trails, and the availability of nutri11 tious food. 

12 (18) Assessing projected loss of agricultural and 

13 rural land and other green space in the region to de14 velopment, and methods to minimize such loss. 

15 (19) Developing techniques to inform decision16 makers on how changes in population and demo17 graphics and employment, development patterns, and 

18 investments in transportation infrastructure are like19 ly to affect travel, congestion, air quality, and quality 

20 of life. 

21 (20) Implementing land use, zoning, and other 

22 code reforms to promote location efficiency and sus23 tainable development. 

24 (21) Assessing school siting policies and school 

25 locations for opportunities to increase the proximity 


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1 of students to schools and increase the rate of walking 

2 and bicycling to school. 

3 (22) Other activities consistent with the purposes 

4 of this Act, as determined by the Director. 

5 (g) GRANT AGREEMENT.—Each eligible entity that re6 ceives a grant under this section shall agree to establish, 

7 in coordination with the Director, performance measures, 

8 reporting requirements, and any other requirements that 

9 the Director determines are necessary, that must be met at 

10 the end of each year in which the eligible entity receives 

11 funds under the grant program. 

12 (h) PUBLIC OUTREACH.— 

13 (1) OUTREACH REQUIRED.—Each eligible entity 

14 that receives a grant under the grant program shall 

15 perform substantial outreach activities— 

16 (A) to engage a broad cross-section of com17 munity stakeholders in the process of developing 

18 a comprehensive regional plan, including low-in19 come families, minorities, older adults, and eco20 nomically disadvantaged community members; 

21 and 

22 (B) to create an effective means for stake23 holders to participate in the development and 

24 implementation of a comprehensive regional 

25 plan. 


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1 (2) FINALIZATION OF COMPREHENSIVE REGIONAL

2 PLAN.— 

3 (A) IN GENERAL.—An eligible entity that 

4 receives a grant under the grant program may 

5 not finalize a comprehensive regional plan before 

6 the eligible entity holds a public hearing to ob7 tain the views of citizens, public agencies, and 

8 other interested parties. 

9 (B) AVAILABILITY OF INFORMATION.—Not 

10 later than 30 days before a hearing described in 

11 subparagraph (A), an eligible entity shall make 

12 the proposed comprehensive regional plan and 

13 all information relevant to the hearing available 

14 to the public for inspection during normal busi15 ness hours. 

16 (C) NOTICE.—Not later than 30 days before 

17 a hearing described in subparagraph (A), an eli18 gible entity shall publish notice— 

19 (i) of the hearing; and 

20 (ii) that the information described in 

21 subparagraph (B) is available. 

22 (i) VIOLATION OF GRANT AGREEMENT OR FAILURE TO

23 COMPLY WITH PUBLIC OUTREACH REQUIREMENTS.—If the 

24 Director determines that an eligible entity has not met the 

25 performance measures established under subsection (g), is 


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1 not making reasonable progress toward meeting such meas2 ures, is otherwise in violation of the grant agreement, or 

3 has not complied with the public outreach requirements 

4 under subsection (h), the Director may— 

5 (1) withhold financial assistance until the re6 quirements under the grant agreement or under sub7 section (h), as applicable, are met; or 

8 (2) terminate the grant agreement. 

9 (j) REPORTS REQUIRED.— 

10 (1) FIRST ANNUAL REPORT.—Not later than 60 

11 days after the end of the first year after the grant 

12 agreement is made under subsection (g), and each 

13 year thereafter, an eligible entity that receives a grant 

14 under this section shall submit to the Director a 

15 progress report that contains— 

16 (A) a description of any progress made to17 ward meeting the performance measures estab18 lished under subsection (g), including— 

19 (i) a description of any partnership 

20 created across policy and governmental ju21 risdictions and a description of any task 

22 force or multiagency group established by 

23 the eligible entity at the regional level; and 

24 (ii) a description of— 


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1 (I) housing, land use, transpor2 tation, public transportation, energy, 

3 infrastructure, and environmental 

4 needs in the region; or 

5 (II) the obstacles encountered that 

6 prevented the eligible entity from com7 pleting a comprehensive evaluation of 

8 housing, land use, transportation, pub9 lic transportation, energy, infrastruc10 ture, and environmental needs, and a 

11 date by which the eligible entity ex12 pects to complete the evaluation; 

13 (B) a description of any planning goals for 

14 the region that address housing, transportation, 

15 public transportation, energy, infrastructure, 

16 and environmental needs; 

17 (C) a description of— 

18 (i) a strategy for meeting the goals de19 scribed in subparagraph (B), including a 

20 discussion of potential transportation, hous21 ing, transit-oriented development, energy, 

22 infrastructure, or environmental activities; 

23 or 

24 (ii) the obstacles encountered that pre25 vented the eligible entity from completing a 


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1 strategy for meeting the goals identified 

2 under clause (i) and a date by which the el3 igible entity expects to complete the strat4 egy; 

5 (D) a description of the process for solic6 iting public participation, and a description of 

7 the efforts to reach affected populations and 

8 stakeholders; and 

9 (E) any other information the Director may 

10 require. 

11 (2) SUBSEQUENT ANNUAL REPORTS.—Except for 

12 the first report required under paragraph (1), a re13 port submitted under paragraph (1) may be sub14 mitted in the form of an update, at the discretion of 

15 the Director. 

16 (3) FINAL REPORT.—Not later than 90 days 

17 after the date on which the grant agreement under 

18 subsection (g) expires, an eligible entity that receives 

19 a grant under this section shall submit to the Director 

20 a final report that contains— 

21 (A) a description of a comprehensive re22 gional plan that includes specific projects that 

23 will help meet housing, transportation, energy, 

24 infrastructure, and environmental goals for the 

25 region; 


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1 (B) a detailed description of how the plan 

2 under subparagraph (A) meets the performance 

3 measures established under subsection (g); 

4 (C) a plan for the next steps to be taken by 

5 the eligible entity, including whether the eligible 

6 entity intends to apply for a sustainability chal7 lenge grant under section 8; and 

8 (D) any other information the Director may 

9 require. 

10 (k) AUTHORIZATION OF APPROPRIATIONS.— 

11 (1) AUTHORIZATION.—There are authorized to be 

12 appropriated to the Secretary for the award of grants 

13 under this section, to remain available until ex14 pended— 

15 (A) $100,000,000 for fiscal year 2011; and 

16 (B) $125,000,000 for each of fiscal years 

17 2012 through 2014. 

18 (2) TECHNICAL ASSISTANCE.—The Director may 

19 use not more than 2 percent of the amounts made 

20 available under this subsection for a fiscal year for 

21 technical assistance under section 5(c)(4). 

22 SEC. 8. SUSTAINABILITY CHALLENGE GRANT PROGRAM. 

23 (a) DEFINITIONS.—In this section— 

24 (1) the term ‘‘eligible entity’’ means— 


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1 (A) a partnership between a consortium of 

2 units of general local government and an eligible 

3 partner; or 

4 (B) an Indian tribe, if— 

5 (i) the Indian tribe has— 

6 (I) a tribal entity that performs 

7 housing and land use planning func8 tions; and 

9 (II) a tribal entity that performs 

10 transportation and transportation 

11 planning functions; and 

12 (ii) the Secretary determines that the 

13 isolated location and land expanse of the 

14 Indian tribe require the Secretary to treat 

15 the tribe as an eligible entity for purposes 

16 of carrying out activities using a grant 

17 under the grant program; 

18 (2) the term ‘‘eligible partner’’ means— 

19 (A) a metropolitan planning organization, 

20 a rural planning organization, or a regional 

21 council; or 

22 (B) a metropolitan planning organization, 

23 a rural planning organization, or a regional 

24 council, and— 

25 (i) a State; 


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1 (ii) an Indian tribe; or 

2 (iii) a State and an Indian tribe; and 

3 (3) the term ‘‘grant program’’ means the sustain4 ability challenge grant program established under 

5 subsection (b). 

6 (b) SUSTAINABILITY CHALLENGE GRANT PROGRAM

7 ESTABLISHED.—The Director shall establish a sustain8 ability challenge grant program to make grants to eligible 

9 entities to— 

10 (1) promote integrated transportation, housing, 

11 energy, infrastructure, environmental, and economic 

12 development activities carried out across policy and 

13 governmental jurisdictions; 

14 (2) promote sustainable development and loca15 tion-efficient development; and 

16 (3) implement projects identified in a com17 prehensive regional plan. 

18 (c) GRANTS.— 

19 (1) DIVERSITY OF GRANTEES.—The Director 

20 shall ensure geographic diversity among and adequate 

21 representation from each of the following categories: 

22 (A) SMALL AND RURAL COMMUNITIES.—El23 igible entities that represent all or part of a 

24 noncore area, a micropolitan area, or a small 


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1 metropolitan statistical area with a population 

2 of not more than 200,000. 

3 (B) MID-SIZED METROPOLITAN COMMU4 NITIES.—Eligible entities that represent all or 

5 part of a metropolitan statistical area with a 

6 population of more than 200,000 and not more 

7 than 500,000. 

8 (C) LARGE METROPOLITAN COMMUNITIES.— 

9 Eligible entities that represent all or part of a 

10 metropolitan statistical area with a population 

11 of more than 500,000. 

12 (2) AWARD OF FUNDS TO SMALL AND RURAL

13 COMMUNITIES.— 

14 (A) IN GENERAL.—The Director shall 

15 award not less than 15 percent of the funds 

16 under the grant program to eligible entities de17 scribed in paragraph (1)(A). 

18 (B) INSUFFICIENT APPLICATIONS.—If the 

19 Director determines that insufficient approvable 

20 applications have been submitted by eligible enti21 ties described in paragraph (1)(A), the Director 

22 may award less than 15 percent of the funds 

23 under the grant program to eligible entities de24 scribed in paragraph (1)(A). 

25 (3) FEDERAL SHARE.— 


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1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the Federal share of the cost 

3 of a project carried out using a grant under the 

4 grant program may not exceed 80 percent. 

5 (B) INDIAN TRIBES.—In the case of an eli6 gible entity that is an Indian tribe, the Federal 

7 share of the cost of a project carried out using 

8 a grant under the grant program may be 100 

9 percent. 

10 (4) AVAILABILITY OF FUNDS.— 

11 (A) IN GENERAL.—An eligible entity that 

12 receives a grant under the grant program shall— 

13 (i) obligate any funds received under 

14 the grant program not later than 2 years 

15 after the date on which the grant agreement 

16 under subsection (g) is made; and 

17 (ii) expend any funds received under 

18 the grant program not later than 5 years 

19 after the date on which the grant agreement 

20 under subsection (g) is made. 

21 (B) UNOBLIGATED AMOUNTS.—After the 

22 date described in subparagraph (A)(i), the Sec23 retary may award to another eligible entity, to 

24 carry out activities under the grant program, 


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1 any amounts that an eligible entity has not obli2 gated under subparagraph (A)(i). 

3 (d) APPLICATION.— 

4 (1) CONTENTS.—An eligible entity that desires a 

5 grant under the grant program shall submit to the 

6 Director an application, at such time and in such 

7 manner as the Director shall prescribe, that con8 tains— 

9 (A) a copy of the comprehensive regional 

10 plan, whether developed as part of the com11 prehensive planning grant program under sec12 tion 7 or developed independently; 

13 (B) a description of the project or projects 

14 proposed to be carried out using a grant under 

15 the grant program; 

16 (C) a description of any preliminary ac17 tions that have been or must be taken at the local 

18 or regional level to implement the project or 

19 projects under subparagraph (B), including the 

20 revision of land use or zoning policies; 

21 (D) a signed copy of a memorandum of un22 derstanding among local jurisdictions, including, 

23 as appropriate, a State, units of general purpose 

24 local government, units of special purpose local 

25 government, metropolitan planning organizaVerDate Mar 15 2010 01:03 Dec 20, 2010 Jkt 099200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6203 E:\BILLS\S1619.RS S1619

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1 tions, rural planning organizations, and re2 gional councils that demonstrates— 

3 (i) the creation of a consortium of 

4 units of general local government; and 

5 (ii) a commitment to implement the 

6 activities described in the comprehensive re7 gional plan; 

8 (E) a certification that the eligible entity 

9 has solicited public comment on the contents of 

10 the project or projects described in subparagraph 

11 (B) that includes— 

12 (i) a certification that the eligible enti13 ty made information about the project or 

14 projects available and afforded citizens, 

15 public agencies, and other interested parties 

16 a reasonable opportunity to examine the 

17 content of the project or projects and to sub18 mit comments; 

19 (ii) a description of the process for re20 ceiving public comment, and a description 

21 of the outreach efforts to affected popu22 lations and stakeholders; 

23 (iii) a certification that the eligible en24 tity— 


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1 (I) held a public hearing to obtain 

2 the views of citizens, public agencies, 

3 and other interested parties; 

4 (II) made the proposed project 

5 and all information relevant to the 

6 hearing available for inspection by the 

7 public during normal business hours 

8 not less than 30 days before the hear9 ing under subclause (I); and 

10 (III) published a notice informing 

11 the public of the hearing under sub12 clause (I) and the availability of the 

13 information described in subclause 

14 (II); and 

15 (iv) a summary of any comments re16 ceived, including an explanation of why 

17 any such comments were or were not in18 cluded in the final application; 

19 (F) a budget for the project that includes 

20 the Federal share of the cost of the project or 

21 projects requested and a description of the source 

22 of the non-Federal share; and 

23 (G) such additional information as the Di24 rector may require. 


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1 (2) INDIAN TRIBES.—An eligible entity that is 

2 an Indian tribe is not required to submit a memo3 randum of understanding under paragraph (1)(D). 

4 (e) SELECTION.—In evaluating an application for a 

5 grant under the grant program, the Director shall consider 

6 the extent to which the application— 

7 (1) furthers the creation of livable communities; 

8 (2) promotes sustainable development and loca9 tion-efficient development; 

10 (3) demonstrates the technical capacity of the eli11 gible entity to carry out the project; 

12 (4) demonstrates the extent to which the eligible 

13 entity has developed partnerships throughout an en14 tire region, including partnerships with units of spe15 cial purpose local government and public transpor16 tation agencies; 

17 (5) demonstrates clear and meaningful inter18 jurisdictional cooperation and coordination of hous19 ing, transportation, and environmental policies and 

20 plans; 

21 (6) demonstrates a commitment to implementing 

22 a comprehensive regional plan and documents action 

23 taken or planned to implement the plan, including— 


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1 (A) rezoning or other changes to land use 

2 controls to enable mixed-use, mixed-income devel3 opment; 

4 (B) planned or proposed public transpor5 tation investments, including— 

6 (i) financial contributions for capital 

7 and operating costs of public transpor8 tation; 

9 (ii) improvements for bicycle riders 

10 and pedestrians, including complete street 

11 policies and procedures and integrated ac12 tive transportation networks; 

13 (iii) action taken to increase the num14 ber of trips made using public transpor15 tation and bicycles and by walking; 

16 (iv) special efforts to address and plan 

17 for the needs of older adults, persons with 

18 disabilities, and low-income families, and to 

19 address issues of rural isolation and accessi20 bility to community support and services 

21 among such populations; and 

22 (v) efforts to fully engage in a locally 

23 developed, coordinated public transit and 

24 human services transportation planning 


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1 process under chapter 53 of title 49, United 

2 States Code; 

3 (C) actions taken to promote the sustain4 ability and viability of smaller cities, small 

5 towns and rural areas, focusing on the historic 

6 and unique downtown or main street areas of 

7 such cities, towns, and areas, as applicable; 

8 (D) investment in and actions relating to 

9 plans or proposals for incentives, subsidies, or 

10 requirements for developers to create and pre11 serve affordable housing, including— 

12 (i) workforce housing and affordable 

13 housing for low-income families, particu14 larly housing in mixed-income, location-effi15 cient neighborhoods with transit-oriented 

16 development and access to public transpor17 tation, employment, and commercial and 

18 other services; and 

19 (ii) affordable housing for very low20 and extremely low-income families, particu21 larly housing in mixed-income, location-effi22 cient neighborhoods with transit-oriented 

23 development; 

24 (E) actions taken to promote transit-ori25 ented development, including plans or proposals 


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1 for zoning, or for incentives, subsidies, or re2 quirements for developers; and 

3 (F) planned or proposed incentives, sub4 sidies, or requirements designed to preserve agri5 cultural and rural land and other green space, 

6 including planned or proposed programs for the 

7 purchase of development rights; 

8 (7) minimizes the Federal share necessary to 

9 carry out the project and leverages a significant 

10 amount of State, local, or private resources; 

11 (8) identifies original and innovative ideas to 

12 overcoming regional problems, including local land 

13 use and zoning (or other code) obstacles to carrying 

14 out the comprehensive regional plan; 

15 (9) promotes diversity among the geographic re16 gions and the size of the population of the commu17 nities served by recipients of grants under the grant 

18 program; 

19 (10) demonstrates a commitment to substantial 

20 public input throughout the implementation process; 

21 (11) demonstrates that a Federal grant is nec22 essary to accomplish the project or projects proposed 

23 to be carried out; 

24 (12) has a high quality overall; and 


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1 (13) demonstrates such other qualities as the Di2 rector may determine. 

3 (f) GRANT ACTIVITIES.— 

4 (1) PLANNING ACTIVITIES.—An eligible entity 

5 that receives a grant under the grant program may 

6 use not more than 10 percent of the grant for plan7 ning activities. 

8 (2) PROJECTS AND INVESTMENTS.—An eligible 

9 entity that receives a grant under the grant program 

10 shall carry out 1 or more projects that— 

11 (A) are designed to achieve the goals identi12 fied in a comprehensive regional plan; and 

13 (B) promote livable communities through 

14 investment in— 

15 (i) transit-oriented development; 

16 (ii) transportation infrastructure and 

17 facilities projects (including public trans18 portation projects) that improve access to 

19 public transportation, intermodal transit 

20 facilities that enhance regional mobility by 

21 bringing together as many modes of trans22 port as possible, structured parking near 

23 public transportation, integrated active 

24 transportation networks, and complete street 

25 projects; 


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1 (iii) short-term operating funds to ini2 tiate a demonstration of new public trans3 portation services; 

4 (iv) promotion of employer-based com5 muter benefit programs to increase public 

6 transportation ridership; 

7 (v) promotion of trip reduction pro8 grams and the use of transportation alter9 natives; 

10 (vi) creating or preserving affordable, 

11 energy-efficient, and healthy housing for 

12 low-, very low-, and extremely low-income 

13 families in mixed-income, mixed-use neigh14 borhoods with access to public transpor15 tation; 

16 (vii) adapting to changes in popu17 lation and demographics, including by 

18 adopting location-efficient land use plans 

19 and re-using vacant and abandoned prop20 erties and underutilized properties; 

21 (viii) brownfield redevelopment, or 

22 other redevelopment of communities and 

23 commercial areas, including the main 

24 streets of small towns; 


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1 (ix) infrastructure maintenance and 

2 improvement initiatives that support re3 gionally integrated planning and smart 

4 growth; 

5 (x) energy efficiency retrofit projects; 

6 (xi) land banking for transit-oriented 

7 development; 

8 (xii) infrastructure maintenance, im9 provement and development that improve— 

10 (I) quality of life and wellness, 

11 including access to recreational facili12 ties and active transportation opportu13 nities, such as trails; and 

14 (II) the availability of nutritious 

15 food; 

16 (xiii) implementing land use, zoning, 

17 and other code reforms to promote location18 efficient development and sustainable devel19 opment; 

20 (xiv) other economic development that 

21 is part of the comprehensive regional plan; 

22 or 

23 (xv) other activities consistent with the 

24 purposes of this Act, as determined by the 

25 Director. 


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1 (g) GRANT AGREEMENT.—Each eligible entity that re2 ceives a grant under the grant program shall agree to estab3 lish, in coordination with the Director, performance meas4 ures, reporting requirements, and any other requirements 

5 that the Director determines are necessary, that must be met 

6 at the end of each year in which the eligible entity receives 

7 funds under the grant program. 

8 (h) VIOLATION OF GRANT AGREEMENT.—If the Direc9 tor determines that an eligible entity has not met the per10 formance measures established under subsection (g), is not 

11 making reasonable progress toward meeting such measures, 

12 or is otherwise in violation of the grant agreement, the Di13 rector may— 

14 (1) withhold financial assistance until the re15 quirements under the grant agreement are met; or 

16 (2) terminate the grant agreement. 

17 (i) REPORT ON THE SUSTAINABILITY CHALLENGE

18 GRANT.— 

19 (1) IN GENERAL.—Not later than 90 days after 

20 the date on which the grant agreement under sub21 section (g) expires, an eligible entity that receives a 

22 grant under the grant program shall submit a final 

23 report on the project to the Council. 

24 (2) CONTENTS OF REPORT.—The report shall in25 clude— 


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1 (A) a detailed explanation of the activities 

2 undertaken using the grant, including an expla3 nation of the completed project and how it 

4 achieves specific transit-oriented, transportation, 

5 housing, or sustainable community goals within 

6 the region; 

7 (B) a discussion of any obstacles encoun8 tered in the planning and implementation proc9 ess and how the eligible entity overcame the ob10 stacles; 

11 (C) an evaluation of the success of the 

12 project using the performance standards and 

13 measures established under subsection (g), in14 cluding an evaluation of the planning and im15 plementation process and how the project con16 tributes to carrying out the comprehensive re17 gional plan; and 

18 (D) any other information the Director may 

19 require. 

20 (3) INTERIM REPORT.—The Director may re21 quire an eligible entity to submit an interim report, 

22 before the date on which the project for which the 

23 grant is awarded is completed. 


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1 (j) COMMUNITY ZONING AND LAND USE PLANNING

2 GRANT AND BUILDING CODE ENFORCEMENT GRANT PRO3 GRAM.— 

4 (1) DEFINITION OF THE TERM ‘‘BUILDING CODE

5 ENFORCEMENT’’.—In this subsection, the term ‘‘build6 ing code enforcement’’— 

7 (A) means the enforcement of any code 

8 adopted by a State or local government that reg9 ulates the construction or maintenance of build10 ings and related facilities; and 

11 (B) includes the enforcement of building 

12 codes, electrical codes, energy codes, fire codes, 

13 fuel gas codes, mechanical codes, plumbing codes, 

14 zoning codes, property maintenance codes, and 

15 wildland-urban interface codes. 

16 (2) GRANT PROGRAM ESTABLISHED.—The Direc17 tor may award competitive grants under this sub18 section— 

19 (A) to States, units of general local govern20 ment, and tribal authorities to fund local land 

21 use, zoning, and building code updates to pro22 mote livable communities and sustainable devel23 opment; and 


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1 (B) to units of general local government 

2 and tribal authorities, to fund building code en3 forcement. 

4 (3) USE OF FUNDS.— 

5 (A) IN GENERAL.—A State, unit of general 

6 local government, or tribal authority may use a 

7 grant under paragraph (2)(A) for updating zon8 ing and building codes to support sustainable 

9 communities and energy efficiency, including 

10 through— 

11 (i) the adoption of location-efficient 

12 land use plans, development of master plans 

13 or comprehensive plans that promote afford14 able housing co-located or well-connected 

15 with retail and business development; 

16 (ii) the development and implementa17 tion of local, corridor, or district plans and 

18 strategies that promote livability; 

19 (iii) revisions to zoning codes, ordi20 nances, building standards, or other laws to 

21 remove barriers to sustainable development 

22 and promote sustainable development and 

23 mixed-use, mixed-income development; 

24 (iv) revisions to building codes to pro25 mote energy-efficient rehabilitation and new 


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1 construction to create affordable housing 

2 and healthy housing; 

3 (v) strategies for creating or preserving 

4 affordable housing along existing or planned 

5 transit corridors; and 

6 (vi) strategies to bring affordable hous7 ing to areas that have few affordable hous8 ing opportunities and are close to suburban 

9 employment centers. 

10 (B) USE OF FUNDS FOR BUILDING CODE

11 ENFORCEMENT.— 

12 (i) IN GENERAL.—A unit of general 

13 local government or tribal authority may 

14 use a grant under paragraph (2)(B) for the 

15 enforcement of residential, energy, fire, and 

16 other building-related codes. 

17 (ii) USE AS SUPPLEMENTAL FUND18 ING.—A grant under paragraph (2)(B) may 

19 be used to supplement State or local fund20 ing for the administration of building code 

21 enforcement. A grant described in this sub22 paragraph may be used to increase staffing, 

23 provide staff training, increase staff com24 petence and professional qualifications, or 

25 support individual certification or departVerDate Mar 15 2010 01:03 Dec 20, 2010 Jkt 099200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6203 E:\BILLS\S1619.RS S1619

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1 mental accreditation, or for capital expend2 itures specifically dedicated to the adminis3 tration of building-related codes. 

4 (4) SELECTION CRITERIA FOR BUILDING CODE

5 ENFORCEMENT GRANTS.— 

6 (A) IN GENERAL.—In selecting applicants 

7 for grants under paragraph (2)(B), the Director 

8 shall consider— 

9 (i) the plan of the applicant to con10 tinue any services provided using a grant 

11 under this subsection with fees or other rev12 enue, after grant funds are expended, as ap13 propriate; 

14 (ii) the financial need of the building 

15 code enforcement jurisdiction in which the 

16 applicant is located; and 

17 (iii) the ability of the building code en18 forcement department of the applicant to 

19 work cooperatively with planning officials, 

20 health departments, and other agencies to 

21 improve community safety. 

22 (B) BUILDING CODE ENFORCEMENT AU23 THORITY.—The Director may award a grant to 

24 an applicant under paragraph (2)(B) only if the 

25 Director determines that the applicant has the 


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1 authority to enforce building codes and regula2 tions and to collect fees for permits and inspec3 tions with respect to such codes and regulations. 

4 (5) MAXIMUM AMOUNT OF GRANTS.—The amount 

5 of a grant awarded under this subsection may not ex6 ceed— 

7 (A) $3,000,000 for a grant under paragraph 

8 (2)(A); or 

9 (B) $1,000,000 for a grant under para10 graph (2)(B). 

11 (6) FEDERAL SHARE.— 

12 (A) IN GENERAL.—Except as provided in 

13 subparagraph (C), the Federal share of the cost 

14 of a project carried out using a grant under this 

15 subsection may not exceed 80 percent. 

16 (B) IN-KIND CONTRIBUTIONS.—In-kind con17 tributions may be used for the non-Federal share 

18 of the cost of a project carried out using a grant 

19 under this subsection. 

20 (C) WAIVER.—The Director may award a 

21 grant under this subsection for which the Federal 

22 share of the cost of the project carried out using 

23 the grant exceeds 80 percent, based upon the level 

24 of economic distress of the jurisdiction seeking 

25 the grant. 


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1 (k) AUTHORIZATION OF APPROPRIATIONS.— 

2 (1) AUTHORIZATION.—There are authorized to be 

3 appropriated to the Secretary for the award of grants 

4 under this section, to remain available until ex5 pended— 

6 (A) $100,000,000 for fiscal year 2011; 

7 (B) $500,000,000 for fiscal year 2012; 

8 (C) $700,000,000 for fiscal year 2013; and 

9 (D) $900,000,000 for fiscal year 2014. 

10 (2) TECHNICAL ASSISTANCE.—Of amounts made 

11 available under this subsection for a fiscal year, the 

12 Director may use for technical assistance under sec13 tion 5(c)(3) an amount that does not exceed the lesser 

14 of— 

15 (A) 0.5 percent of the amounts made avail16 able under this subsection for the fiscal year; or 

17 (B) $2,000,000. 

18 (3) COMMUNITY ZONING AND LAND USE PLAN19 NING GRANT AND BUILDING CODE ENFORCEMENT

20 GRANT PROGRAM.—Of amounts made available under 

21 this subsection for a fiscal year, the Director may use 

22 not more than $50,000,000 for grants under sub23 section (j). 


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1 SEC. 9. REGENERATION PLANNING GRANT DEMONSTRA2 TION PROGRAM. 

3 (a) DEFINITIONS.—In this section, the following defi4 nitions shall apply: 

5 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti6 ty’’ means— 

7 (A) a unit of general local government or 

8 an Indian tribe that has experienced— 

9 (i) a loss in population of at least 15 

10 percent since 1970, as measured by data 

11 from the most recent decennial census or 

12 American Community Survey; or 

13 (ii) prolonged population, income, and 

14 employment loss resulting in substantial 

15 levels of housing vacancy and abandonment 

16 that are concentrated in more than one 

17 neighborhood or geographic area within the 

18 unit of general local government; 

19 (B) a consortium of units of general local 

20 governments in which the most populous unit of 

21 general local government has experienced— 

22 (i) a loss in population of at least 15 

23 percent since 1970, as measured by data 

24 from the most recent decennial census or 

25 American Community Survey; or 


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1 (ii) prolonged population, income, and 

2 employment loss resulting in substantial 

3 levels of housing vacancy and abandonment 

4 that are concentrated in more than one 

5 neighborhood or geographic area within the 

6 unit of general local government; or 

7 (C) an entity described in subparagraph 

8 (A) or (B) and an eligible partner. 

9 (2) ELIGIBLE PARTNER.—The term ‘‘eligible 

10 partner’’ means— 

11 (A) a State; 

12 (B) an Indian tribe; 

13 (C) a community revitalization nonprofit 

14 agency with a city or regionwide area of focus; 

15 (D) a consortium of community revitaliza16 tion nonprofit agencies; or 

17 (E) a consortium of local universities and 

18 colleges. 

19 (3) GRANT PROGRAM.—The term ‘‘grant pro20 gram’’ means the regeneration planning grant pro21 gram established under subsection (b). 

22 (4) REGENERATION PLAN.—The term ‘‘regenera23 tion plan’’ means a plan that— 

24 (A) integrates land use, economic develop25 ment, housing, environmental, energy, food proVerDate Mar 15 2010 01:03 Dec 20, 2010 Jkt 099200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6203 E:\BILLS\S1619.RS S1619

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1 duction, recreation, job and workforce develop2 ment, infrastructure, and transportation pro3 grams, policies, and projects to address the spe4 cial needs of an eligible entity; 

5 (B) creates a community-driven vision and 

6 action plan for reclaiming the most distressed 

7 and abandoned areas of an eligible entity, stabi8 lizing transitional neighborhoods within an eli9 gible entity, and building on the strengths and 

10 assets of the stable areas within an eligible enti11 ty; 

12 (C) develops holistic strategies for meeting 

13 the needs and goals of an eligible entity, includ14 ing strategies that— 

15 (i) provide for the efficient and sus16 tainable use of land, structures, neighbor17 hoods, and resources within the community 

18 or region; 

19 (ii) increase the safety, value, stability, 

20 and connectivity of neighborhoods; 

21 (iii) develop green infrastructure strat22 egies to address environmental, energy, 

23 recreation, and food systems needs; or 


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1 (iv) encourage workforce development 

2 and economic competitiveness through im3 plementation of regeneration activities. 

4 (b) REGENERATION PLANNING GRANT PROGRAM ES5 TABLISHED.—The Secretary shall establish a regeneration 

6 planning grant program to make grants to eligible entities 

7 to develop a regeneration plan, in accordance with the 

8 grant agreement under subsection (e). 

9 (c) GRANTS.— 

10 (1) DIVERSITY OF GRANTEES.—The Secretary 

11 shall ensure geographic diversity among and adequate 

12 representation from smaller units of general local gov13 ernment, with populations of not more than 150,000, 

14 and larger units of general local government, with 

15 populations of more than 150,000, with population 

16 measured by the most recent decennial census data or 

17 American Community Survey, or in the case of con18 sortia of units of general local governments, consortia 

19 in which the largest unit of general local government 

20 has such a population. The Secretary shall prioritize 

21 the distribution of regeneration planning grants to el22 igible applicants that have experienced significant 

23 population loss due to large-scale employment losses 

24 that have caused substantial levels of housing vacancy 

25 and abandonment. 


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1 (2) FEDERAL SHARE.— 

2 (A) IN GENERAL.—Except as provided in 

3 subparagraph (B), the Federal share of the cost 

4 of developing a regeneration plan under the 

5 grant program may not exceed 80 percent. 

6 (B) INDIAN TRIBES.—In the case of an eli7 gible entity that is an Indian tribe, the Federal 

8 share of the cost of developing a regeneration 

9 plan under the grant program may be 100 per10 cent. 

11 (C) IN-KIND CONTRIBUTIONS.—In-kind con12 tributions may be used for the non-Federal share 

13 of the cost of developing a regeneration plan 

14 under the grant program. 

15 (3) TECHNICAL ASSISTANCE FOR GRANT RECIPI16 ENTS AND APPLICANTS.—The Secretary may— 

17 (A) establish a technical assistance program 

18 for prospective applicants, particularly to appli19 cants from smaller communities (including dis20 tressed older industrial cities, rural commu21 nities, and first tier suburbs), preparing to 

22 apply for grants under this section; 

23 (B) make contracts with third parties to 

24 provide technical assistance to grant recipients 


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1 and prospective applicants for grants under this 

2 section; and 

3 (C) coordinate to establish interagency and 

4 multidisciplinary teams to provide technical as5 sistance to recipients of and prospective appli6 cants for grants under this section. 

7 (4) AVAILABILITY OF FUNDS.— 

8 (A) IN GENERAL.—An eligible entity that 

9 receives a grant under the grant program shall— 

10 (i) obligate any funds received under 

11 the grant program not later than 2 years 

12 after the date on which the grant agreement 

13 under subsection (e) is made; and 

14 (ii) expend any funds received under 

15 the grant program not later than 4 years 

16 after the date on which the grant agreement 

17 under subsection (e) is made. 

18 (B) UNOBLIGATED AMOUNTS.—After the 

19 date described in subparagraph (A)(i), the Sec20 retary may award to another eligible entity, to 

21 carry out activities under this section, any 

22 amounts that an eligible entity has not obligated 

23 under subparagraph (A)(i). 

24 (d) APPLICATION.— 


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1 (1) IN GENERAL.—An eligible entity that desires 

2 a grant under the grant program shall submit to the 

3 Secretary an application at such time and in such 

4 manner as the Secretary shall prescribe. 

5 (2) CONTENTS.— 

6 (A) IN GENERAL.—Each application sub7 mitted under this subsection shall contain a re8 generation plan. 

9 (B) PLAN ELEMENTS.—The regeneration 

10 plan required under subparagraph (A) shall in11 clude— 

12 (i) a comprehensive land use plan that 

13 reflects the population loss the community 

14 or region has experienced, reflects future 

15 population trends, including any antici16 pated further losses, using the most current 

17 data available, and provides for the efficient 

18 and sustainable use of land, structures, 

19 neighborhoods, and resources within the 

20 community or region; 

21 (ii) a plan for creation of green infra22 structure to be set aside in the community 

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1 poses related to future economic or residen2 tial development; 

3 (iii) a detailed implementation strat4 egy for the plan, including modifications to 

5 a comprehensive or master land use plan, 

6 neighborhood plans, strategic demolition 

7 plans, and zoning and building codes; 

8 (iv) a plan for integrating related pro9 grams and strategies funded through other 

10 sources, including Federal, State, local, and 

11 private sources, into the implementation 

12 strategy described in clause (iii); 

13 (v) a plan to create new employment 

14 opportunities, especially in areas directly 

15 related to the implementation of the regen16 eration plan, including building 

17 deconstruction, removal of buildings and in18 frastructure, creation of green infrastruc19 ture, environmental remediation, and long20 term employment in environmentally sus21 tainable activities, including urban agri22 culture, open space maintenance, and re23 newable energy production; or 

24 (vi) any other element, as determined 

25 appropriate or feasible by the Secretary. 


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1 (e) GRANT AGREEMENT.—Each eligible entity that re2 ceives a grant under the grant program shall agree to estab3 lish, in coordination with the Secretary, annual reporting 

4 requirements, and other requirements that the Secretary de5 termines are necessary that shall be met each year in which 

6 the eligible entity receives funds under the grant program. 

7 (f) PUBLIC OUTREACH.— 

8 (1) OUTREACH REQUIRED.—Each eligible entity 

9 that receives a grant under the grant program shall 

10 perform outreach activities— 

11 (A) to engage a broad cross-section of com12 munity stakeholders in the process of developing 

13 a regeneration plan, including low-income fami14 lies, minorities, older adults, economically dis15 advantaged community members, affected citi16 zens, community groups and any others who 

17 would be impacted by the adoption of a regen18 eration plan; and 

19 (B) to create an effective means for stake20 holders to participate in the development and 

21 implementation of a regeneration plan. 

22 (2) FINALIZATION OF REGENERATION PLAN.— 

23 (A) IN GENERAL.—An eligible entity that 

24 receives a grant under the grant program may 

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1 ble entity holds a public hearing to obtain the 

2 views of citizens, public agencies, and other in3 terested parties. 

4 (B) AVAILABILITY OF INFORMATION.—Not 

5 later than 30 days before a hearing described in 

6 subparagraph (A), an eligible entity shall make 

7 the proposed regeneration plan and all informa8 tion relevant to the hearing available to the pub9 lic for inspection during normal business hours. 

10 (C) NOTICE.—Not later than 30 days before 

11 a hearing described in subparagraph (A), an eli12 gible entity shall publish notice— 

13 (i) of the hearing; and 

14 (ii) that the information described in 

15 subparagraph (B) is available. 

16 (g) VIOLATION OF GRANT AGREEMENT OR FAILURE TO

17 COMPLY WITH PUBLIC OUTREACH REQUIREMENTS.—If the 

18 Secretary determines that an eligible entity has not met the 

19 requirements established under subsection (e), is not making 

20 reasonable progress toward meeting such measures, is other21 wise in violation of the grant agreement, or has not com22 plied with the public outreach requirements under sub23 section (f), the Secretary may— 

24 (1) withhold financial assistance until the per25 formance measures are met; or 


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1 (2) terminate the grant agreement. 

2 (h) AUTHORIZATION OF APPROPRIATIONS.— 

3 (1) AUTHORIZATION.—There are authorized to be 

4 appropriated for regeneration planning grants under 

5 this section $20,000,000 for each of fiscal years 2011 

6 through 2014. 

7 (2) TECHNICAL ASSISTANCE.—The Secretary 

8 may use not more than 5 percent of the amounts 

9 made available under this subsection for a fiscal year 

10 for technical assistance under subsection (c)(3). 

11 (i) IMPLEMENTATION OF REGENERATION PLANS.—To 

12 the extent practicable, for a reasonable amount of time fol13 lowing the full expenditure of a grant under this section, 

14 the Secretary shall ensure that each recipient of a grant 

15 under this section— 

16 (1) establishes and maintains processes pro17 viding for the continued implementation and periodic 

18 revision of regeneration plans; and 

19 (2) submits to the Secretary such reports as the 

20 Secretary determines are necessary. 

21 SEC. 10. INFRASTRUCTURE CREDIT FACILITY TO SUPPORT 

22 TRANSIT-ORIENTED DEVELOPMENT. 

23 (a) DEFINITIONS.—In this section— 

24 (1) the term ‘‘eligible applicant’’ means a State 

25 or local government; 


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1 (2) the term ‘‘eligible borrower’’ means— 

2 (A) a governmental entity, authority, agen3 cy, or instrumentality; 

4 (B) a corporation, partnership, joint ven5 ture, or trust on behalf of which an eligible ap6 plicant has submitted an application under sub7 section (c); or 

8 (C) any other legal entity undertaking an 

9 infrastructure development project on behalf of 

10 which an eligible applicant has submitted an ap11 plication under subsection (c); and 

12 (3) the term ‘‘project’’ means an infrastructure 

13 development project that is used to support transit14 oriented development, including— 

15 (A) property enhancement, including con16 ducting environmental remediation, park devel17 opment, and open space acquisition; 

18 (B) improvement of mobility and parking, 

19 including rehabilitating, or providing for addi20 tional, streets, transit stations, structured park21 ing, walkways, and bikeways; or 

22 (C) utility development, including rehabili23 tating existing, or providing for new drinking 

24 water, wastewater, electric, and gas utilities. 


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1 (b) INFRASTRUCTURE CREDIT FACILITY ESTAB2 LISHED.—The Secretary may make or guarantee loans 

3 under this section to eligible borrowers for projects. 

4 (c) APPLICATION.— 

5 (1) IN GENERAL.—An eligible applicant may 

6 submit to the Secretary an application for a loan or 

7 loan guarantee under this section— 

8 (A) to fund a project carried out by the eli9 gible applicant; or 

10 (B) on behalf of an eligible borrower, to 

11 fund a project carried out by the eligible bor12 rower. 

13 (d) SELECTION CRITERIA.— 

14 (1) IN GENERAL.—The Secretary may make a 

15 loan or loan guarantee under this section for a project 

16 that supports a transit-oriented development that— 

17 (A) is part of a community-wide develop18 ment plan; 

19 (B) promotes sustainable development; and 

20 (C) ensures that not less than 15 percent of 

21 any housing units made available through the 

22 transit-oriented development are for lower-in23 come households. 


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1 (2) CONSIDERATIONS.—The Secretary shall select 

2 the recipients of loans and loan guarantees under this 

3 section based on the extent to which— 

4 (A) the transit-oriented development sup5 ported by the project will encourage increased 

6 use of transit; 

7 (B) the transit-oriented development sup8 ported by the project will create or preserve long9 term affordable housing units in addition to the 

10 housing units required to be made available 

11 under paragraph (1)(C); 

12 (C) the project will facilitate and encourage 

13 additional development or redevelopment in the 

14 overall transit station area; 

15 (D) the local government has adopted poli16 cies that— 

17 (i) promote long-term affordable hous18 ing; and 

19 (ii) allow high-density, mixed-use de20 velopment near transit stations; 

21 (E) the transit-oriented development sup22 ported by the project is part of a comprehensive 

23 regional plan; 


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1 (F) the eligible borrower has established a 

2 reliable, dedicated revenue source to repay the 

3 loan; 

4 (G) the project is not financially viable for 

5 the eligible borrower without a loan or loan 

6 guarantee under this section; and 

7 (H) a loan or loan guarantee under this 

8 section would be used in conjunction with non9 Federal loans to fund the project. 

10 (e) ELIGIBLE SOURCES OF REPAYMENT.—A loan 

11 made or guaranteed under this section shall be repayable, 

12 in whole or in part, from dedicated revenue sources, which 

13 may include— 

14 (1) user fees; 

15 (2) property tax revenues; 

16 (3) sales tax revenues; or 

17 (4) other revenue sources dedicated to the project 

18 by property owners and businesses. 

19 (f) INTEREST RATE.—The Secretary shall establish an 

20 interest rate for loans made or guaranteed under this sec21 tion with reference to a benchmark interest rate (yield) on 

22 marketable Treasury securities with a maturity that is 

23 similar to the loans made or guaranteed under this section. 


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1 (g) MAXIMUM MATURITY.—The maturity of a loan 

2 made or guaranteed under this section may not exceed the 

3 lesser of— 

4 (1) 35 years; or 

5 (2) 90 percent of the useful life of any project to 

6 be financed by the loan, as determined by the Sec7 retary. 

8 (h) MAXIMUM LOAN GUARANTEE RATE.— 

9 (1) IN GENERAL.—The guarantee rate on a loan 

10 guaranteed under this section may not exceed 75 per11 cent of the amount of the loan. 

12 (2) LOWER GUARANTEE RATE FOR LOW-RISK

13 BORROWERS.—The Secretary shall establish a guar14 antee rate for loans to eligible borrowers that the Sec15 retary determines pose a lower risk of default that is 

16 lower than the guarantee rate for loans to other eligi17 ble borrowers. 

18 (i) FEES.—The Secretary shall establish fees for loans 

19 made or guaranteed under this section at a level that is 

20 sufficient to cover all or part of the costs to the Federal 

21 Government of making or guaranteeing a loan under this 

22 section. 

23 (j) NONSUBORDINATION.—A loan made or guaranteed 

24 under this section may not be subordinated to the claims 


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1 of any holder of an obligation relating to the project in the 

2 event of bankruptcy, insolvency, or liquidation. 

3 (k) COMMENCEMENT OF REPAYMENT.—The scheduled 

4 repayment of principal or interest on a loan made or guar5 anteed under this section shall commence not later than 5 

6 years after the date of substantial completion of the project. 

7 (l) REPAYMENT DEFERRAL FOR LOANS.— 

8 (1) IN GENERAL.—If, at any time after the date 

9 of substantial completion of a project, the Secretary 

10 determines that dedicated revenue sources of an eligi11 ble borrower are insufficient to make the scheduled 

12 loan repayments of principal and interest on a loan 

13 made or guaranteed under this section, the Secretary 

14 may, subject to criteria established by the Secretary, 

15 allow the eligible borrower to add unpaid principal 

16 and interest to the outstanding balance of the loan. 

17 (2) TREATMENT OF DEFERRED PAYMENTS.—Any 

18 payment deferred under this section shall— 

19 (A) continue to accrue interest until fully 

20 repaid; and 

21 (B) be scheduled to be amortized over the re22 maining term of the loan. 

23 (m) AUTHORIZATION OF APPROPRIATIONS.—There are 

24 authorized to be appropriated for the cost of loans and loan 

25 guarantees under this section— 


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1 (1) $20,000,000 for each of fiscal years 2011 and 

2 2012; and 

3 (2) $30,000,000 for each of fiscal years 2013 and 

4 2014. 

5 SEC. 11. INELIGIBILITY OF INDIVIDUALS WHO ARE NOT 

6 LAWFULLY PRESENT. 

7 No housing assisted using a grant under this Act may 

8 be made available to an individual who is not lawfully 

9 present in the United States. Nothing in this Act may be 

10 construed to alter the restrictions or definitions under sec11 tion 214 of the Housing and Community Development Act 

12 of 1980 (42 U.S.C. 1436a). 


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Calendar No. 716 

111TH CONGRESS 

2D SESSION S. 1619 

A BILL 

To establish the Office of Sustainable Housing and 

and for other purposes. lish a sustainability challenge grant program, comprehensive planning grant program, to estabcil on Sustainable Communities, to establish a Communities, to establish the Interagency CounDECEMBER 19, 2010 

Reported with an amendment 


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