II 

111TH CONGRESS 

1ST 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, and Mr. SCHUMER) introduced the following bill; which was read 

twice and referred to the Committee on Banking, Housing, and Urban 

Affairs 

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. 

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’’. 


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

2 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. 

3 SEC. 2. FINDINGS. 

4 Congress finds the following: 

5 (1) Demographic trends support the need for 

6 cooperation in land use planning and the develop7 ment of housing and transportation. The population 

8 of the United States will grow from approximately 

9 307,000,000 people to approximately 439,000,000 

10 people during the period between 2009 and 2050, an 

11 increase of more than 40 percent. 

12 (2) The demographic groups that are most like13 ly to use public transportation are the groups that 

14 are projected to increase in size the most during the 

15 period between 2009 and 2025. 

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

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

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

19 the growth of the largest 99 metropolitan areas in 

20 the continental United States consumed 16,000,000 


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

2 household. 

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

4 large and small metropolitan areas of the United 

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

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

7 for a congestion cost of $87,200,000,000. This rep8 resents a 5-fold increase in wasted time and cost 

9 since 1982. 

10 (6) The Energy Information Administration of 

11 the Department of Energy forecasts that driving will 

12 increase 59 percent between 2005 and 2030, far 

13 outpacing the projected 23 percent increase in popu14 lation. 

15 (7) According to the United States Census Bu16 reau, only 54 percent of households in the United 

17 States have access to public transportation. 

18 (8) In 2008, voters throughout the United 

19 States approved State and local ballot initiatives 

20 that supported public transportation 79 percent of 

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

22 raised or continued. 

23 (9) Demographers estimate that as much as 30 

24 percent of current demand for housing is for housing 

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


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1 less than 2 percent of new housing is in this cat2 egory. 

3 (10) The average household spends 19 percent 

4 of its household budget on transportation, and some 

5 very low-income households spend as much as 55 

6 percent of the household budget on transportation. 

7 Households with good access to public transpor8 tation spend only 9 percent of the household budget 

9 on transportation, which increases the portion of the 

10 household budget available for other critical house11 hold needs. 

12 (11) The need for safe and affordable housing 

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

14 than 30 percent of their income on housing costs, 

15 and 29 percent of renters pay more than 50 percent 

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

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

18 for extremely low-income renter households. 

19 (12) People who live in areas of compact devel20 opment (where housing, shopping, jobs, and public 

21 transportation are in close proximity) drive 20 to 40 

22 percent less than people who live in average develop23 ment patterns in the United States. 

24 (13) When the effects of emissions savings from 

25 passengers taking transit instead of driving and the 


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1 reduction in vehicle miles traveled due to the impact 

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

3 transportation in the United States reduces carbon 

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

5 each year. 

6 (14) Transportation accounts for 70 percent of 

the oil consumed in the United States and nearly 1 7 ⁄3

8 of carbon emissions in the United States come from 

9 the transportation sector. Reducing the growth of 

10 the number of miles driven and providing transpor11 tation alternatives through good planning and sus12 tainable development is a necessary part of the en13 ergy independence and climate change strategies of 

14 the United States. 

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

16 by organizations including the Environmental Pro17 tection Agency, the National Association of Realtors, 

18 and the Transit Cooperative Research Project have 

19 found that one of the keys to revitalizing and main20 taining the character of town centers and preserving 

21 surrounding agricultural land in small and rural 

22 communities is to prevent commercial and residen23 tial development on the outskirts of town, by pro24 moting integrated housing, economic, and transpor25 tation development in town centers. 


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

2 not have access to cars. 

3 (17) The burden of transportation costs is espe4 cially heavy for low-income rural residents, because 

5 residents of rural areas drive approximately 17 per6 cent more than residents of urban areas. 

7 (18) Demand for public transportation in rural 

8 and small town communities is growing. Between 

9 2002 and 2005, ridership on small urban and rural 

10 public transportation systems increased 20 percent. 

11 (19) Poorly planned development in rural areas 

12 can fragment agricultural and forest lands, pollute 

13 waterways with surface water runoff, cause unneces14 sary environmental impacts, strain the capacity of 

15 rural roads, and sap economic vitality from existing 

16 ‘‘main street’’ commercial areas. 

17 (20) Funding for integrated housing, transpor18 tation, energy, environmental, and economic develop19 ment and other land use planning efforts at the local 

20 and regional levels is necessary to provide for sus21 tainable development and smart growth. 

22 SEC. 3. PURPOSES. 

23 The purposes of this Act are— 

24 (1) to facilitate and improve the coordination of 

25 housing, community development, transportation, 


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1 energy, and environmental policy in the United 

2 States; 

3 (2) to coordinate Federal policies and invest4 ments to promote sustainable development; 

5 (3) to encourage regional planning for livable 

6 communities and the adoption of sustainable devel7 opment techniques, including transit-oriented devel8 opment; 

9 (4) to provide a variety of safe, reliable trans10 portation choices, with special emphasis on public 

11 transportation and complete streets, in order to re12 duce traffic congestion, greenhouse gas emissions, 

13 and dependence on foreign oil; 

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

15 location-efficient housing choices for people of all 

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

17 the combined costs of housing and transportation 

18 more affordable to families; 

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

20 in existing communities, in order to maximize the 

21 cost effectiveness of existing infrastructure and pre22 serve undeveloped lands; 

23 (7) to promote economic development and com24 petitiveness by connecting the housing and employ25 ment locations of workers, reducing traffic congesVerDate Nov 24 2008 21:26 Aug 07, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1619.IS S1619

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1 tion, and providing families with access to essential 

2 services; 

3 (8) to preserve the environment and natural re4 sources, including agricultural and rural land and 

5 green spaces; and 

6 (9) to support public health and improve qual7 ity of life for the residents of and workers in com8 munities by promoting healthy, walkable neighbor9 hoods, access to green space, and the mobility to 

10 pursue greater opportunities. 

11 SEC. 4. DEFINITIONS. 

12 In this Act, the following definitions shall apply: 

13 (1) AFFORDABLE HOUSING.—The term ‘‘afford14 able housing’’ means housing, the cost of which does 

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

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

17 means a small, relatively permanent statistical sub18 division of a county, delineated by a local committee 

19 of census data users for the purpose of presenting 

20 data. 

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

22 means the Chairperson of the Interagency Council 

23 on Sustainable Communities. 

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

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


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1 particularly public transit users, bicyclists, pedes2 trians (including individuals of all ages and individ3 uals with disabilities), and motorists, to use the 

4 street safely and efficiently. 

5 (5) COMPREHENSIVE REGIONAL PLAN.—The 

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

7 that— 

8 (A) identifies land use, transportation, 

9 community development, housing, economic de10 velopment, environmental, energy, and infra11 structure needs and goals in a region; 

12 (B) provides strategies for meeting the 

13 needs and goals described in subparagraph (A), 

14 including strategies for— 

15 (i) providing affordable, energy-effi16 cient, and location-efficient housing choices 

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

18 ethnicities; 

19 (ii) reducing growth in vehicle miles 

20 traveled, in order to reduce traffic conges21 tion and regional greenhouse gas emissions 

22 from transportation; 

23 (iii) encouraging economic competi24 tiveness and economic development; and 


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1 (iv) increasing the connectivity of the 

2 region by increasing public transportation 

3 ridership and improving access to trans4 portation alternatives; and 

5 (C) prioritizes projects for funding and im6 plementation. 

7 (6) CONSORTIUM OF UNITS OF GENERAL LOCAL

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

9 general local governments’’ means a consortium of 

10 geographically contiguous units of general local gov11 ernment that the Secretary determines— 

12 (A) represents all or part of a metropolitan 

13 statistical area or a micropolitan statistical 

14 area; 

15 (B) has the authority under State or local 

16 law to carry out planning activities, including 

17 surveys, land use studies, environmental or pub18 lic health analyses, and development of urban 

19 revitalization plans; and 

20 (C) has provided documentation to the 

21 Secretary sufficient to demonstrate that the 

22 purpose of the consortium is to carry out a 

23 project using a grant awarded under this Act. 


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

2 Interagency Council on Sustainable Communities es3 tablished under section 6. 

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

5 means the Department of Housing and Urban De6 velopment. 

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

8 the Director of the Office of Sustainable Housing 

9 and Communities established under section 5. 

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

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

12 (A) means a family that has an income 

13 that does not exceed— 

14 (i) 30 percent of the median income in 

15 the area where the family lives, as deter16 mined by the Secretary, with appropriate 

17 adjustments for the size of the family; or 

18 (ii) a percentage of the median income 

19 in the area where the family lives, as deter20 mined by the Secretary upon a finding by 

21 the Secretary that such percentage is nec22 essary due to unusually high or low family 

23 incomes in the area where the family lives; 

24 and 


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1 (B) includes a family that includes a per2 son with special needs, including an elderly per3 son or a person with disabilities, as those terms 

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

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

6 (11) HIGH-POVERTY AREA.—The term ‘‘high7 poverty area’’ means a census tract, or a group of 

8 contiguous census tracts, that has a poverty rate of 

9 20 percent or more. 

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

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

12 rural, or neighborhood community that— 

13 (A) provides safe and reliable transpor14 tation choices; 

15 (B) provides affordable, energy-efficient, 

16 and location-efficient housing choices for people 

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

18 (C) supports, revitalizes, and encourages 

19 the growth of existing communities and maxi20 mizes the cost effectiveness of existing infra21 structure; 

22 (D) promotes economic development and 

23 economic competitiveness; 

24 (E) preserves the environment and natural 

25 resources; 


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1 (F) protects agricultural land, rural land, 

2 and green spaces; and 

3 (G) supports public health and improves 

4 the quality of life for residents of and workers 

5 in the community. 

6 (13) LOCATION-EFFICIENT.—The term ‘‘loca7 tion-efficient’’ characterizes development, housing, or 

8 neighborhoods that integrate land use, mixed-use 

9 housing and commercial development, employment, 

10 and transportation— 

11 (A) to enhance mobility; 

12 (B) to encourage transit-oriented develop13 ment; 

14 (C) to encourage infill development and the 

15 use of existing infrastructure; and 

16 (D) to reduce growth in vehicle miles trav17 eled and the transportation costs and energy re18 quirements associated with ownership or rental 

19 of a home. 

20 (14) LOW-INCOME FAMILY.—The term ‘‘low-in21 come 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 low-income family with a 

2 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 (15) METROPOLITAN PLANNING ORGANIZA8 TION.—The term ‘‘metropolitan planning organiza9 tion’’ has the meaning given that term in section 

10 134(b) of title 23, United States Code, and section 

11 5303(b) of title 49, United States Code. 

12 (16) METROPOLITAN STATISTICAL AREA.—The 

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

14 or group of counties that— 

15 (A) is designated by the Office of Manage16 ment and Budget as a metropolitan statistical 

17 area; and 

18 (B) has 1 or more large population centers 

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

20 adjacent territory with a high level of integra21 tion with the core. 

22 (17) MICROPOLITAN STATISTICAL AREA.—The 

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

24 or group of counties that— 


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1 (A) is designated by the Office of Manage2 ment and Budget as a micropolitan statistical 

3 area; and 

4 (B) has 1 or more large urban clusters 

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

6 not more than 50,000. 

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

8 Office of Sustainable Housing and Communities es9 tablished under section 5. 

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

11 council’’ means a multi-service regional organization 

12 with State and locally defined boundaries that is— 

13 (A) accountable to units of general local 

14 government; 

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

16 and local programs; and 

17 (C) performs planning functions and pro18 vides professional and technical assistance. 

19 (20) RURAL PLANNING ORGANIZATION.—The 

20 term ‘‘rural planning organization’’ means a vol21 untary organization of local elected officials and rep22 resentatives of local transportation systems that— 

23 (A) works in cooperation with the depart24 ment of transportation (or equivalent entity) of 

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1 vise officials of the State on transportation 

2 planning; and 

3 (B) is located in a rural area— 

4 (i) with a population of not less than 

5 5,000; and 

6 (ii) that is not located in an area rep7 resented by a metropolitan planning orga8 nization. 

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

10 means the Secretary of Housing and Urban Develop11 ment. 

12 (22) STATE.—The term ‘‘State’’ means the sev13 eral States, the District of Columbia, Puerto Rico, 

14 Guam, the Northern Mariana Islands, the Virgin Is15 lands, American Samoa, and the Trust Territory of 

16 the Pacific Islands. 

17 (23) SUSTAINABLE DEVELOPMENT.—The term 

18 ‘‘sustainable development’’ means a pattern of re19 source use designed to create livable communities 

20 by— 

21 (A) providing a variety of safe and reliable 

22 transportation choices; 

23 (B) providing affordable, energy-efficient, 

24 and location-efficient housing choices for people 

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


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1 (C) supporting, revitalizing, and encour2 aging the growth of communities and maxi3 mizing the cost effectiveness of existing infra4 structure; 

5 (D) promoting economic development and 

6 economic competitiveness; 

7 (E) preserving the environment and nat8 ural resources; 

9 (F) protecting agricultural land, rural 

10 land, and green spaces; and 

11 (G) supporting public health and improv12 ing the quality of life for residents of and work13 ers in a community. 

14 (24) TRANSIT-ORIENTED DEVELOPMENT.—The 

15 term ‘‘transit-oriented development’’ means high16 density, walkable, mixed-use development (including 

17 commercial development, affordable housing, and 

18 market-rate housing) that is within walking distance 

19 of and accessible to 1 or more public transportation 

20 facilities. 

21 (25) UNIT OF GENERAL LOCAL GOVERN22 MENT.—The term ‘‘unit of general local govern23 ment’’ means— 


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

2 village, or other general purpose political sub3 division of a State; or 

4 (B) a combination of general purpose polit5 ical subdivisions, as determined by the Sec6 retary. 

7 (26) UNIT OF SPECIAL PURPOSE LOCAL GOV8 ERNMENT.—The term ‘‘unit of special purpose local 

9 government’’— 

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

11 purpose government that serves a special pur12 pose and does not provide a broad array of 

13 services; and 

14 (B) includes an entity such as a school dis15 trict, a housing agency, a transit agency, and a 

16 parks and recreation district. 

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

18 ‘‘very low-income family’’— 

19 (A) has the same meaning as in section 

20 3(b) of the United States Housing Act of 1937 

21 (42 U.S.C. 1437a(b)); and 

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

23 a person with special needs, including an elderly 

24 person or a person with disabilities, as those 

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


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

2 1437a(b)). 

3 (28) WORKFORCE HOUSING.—The term ‘‘work4 force housing’’ means housing, the cost of which 

5 does not exceed 30 percent of— 

6 (A) 120 percent of the median income in 

7 the area where the family lives, as determined 

8 by the Secretary, with appropriate adjustments 

9 for the size of family; or 

10 (B) a percentage, as determined by the 

11 Secretary, of the median income in the area 

12 where the family lives, upon a finding by the 

13 Secretary that such percentage is necessary due 

14 to unusually high or low family incomes in the 

15 area where the family lives. 

16 SEC. 5. OFFICE OF SUSTAINABLE HOUSING AND COMMU17 NITIES. 

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

19 the Department an Office of Sustainable Housing and 

20 Communities, which shall— 

21 (1) coordinate Federal policies and initiatives 

22 that foster livable communities, including— 

23 (A) encouraging sustainable development 

24 at the State, regional, and local levels; 


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1 (B) encouraging the development of com2 prehensive regional plans; 

3 (C) fostering energy-efficient communities 

4 and housing; 

5 (D) providing affordable, location-efficient 

6 housing choices for people of all ages, incomes, 

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

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

9 (E) working with the Federal Transit Ad10 ministration of the Department of Transpor11 tation to— 

12 (i) encourage transit-oriented develop13 ment; and 

14 (ii) coordinate Federal housing, com15 munity development, and transportation 

16 policies; 

17 (2) conduct research and advise the Secretary 

18 on the research agenda of the Department relating 

19 to sustainable development; 

20 (3) provide administrative support for participa21 tion by the Secretary in the activities of the Council; 

22 (4) implement and oversee the grant programs 

23 established under this Act by— 

24 (A) developing grant applications for each 

25 grant program; 


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1 (B) promulgating regulations relating to 

2 each grant program; 

3 (C) selecting recipients of grants under 

4 each grant program; 

5 (D) creating performance measures for re6 cipients of grants under each grant program; 

7 (E) developing technical assistance and 

8 other guidance to assist recipients of grants and 

9 potential applicants for grants under each grant 

10 program; 

11 (F) monitoring and evaluating the per12 formance of recipients of grants under each 

13 grant program; and 

14 (G) carrying out such other activities relat15 ing to the administration of the grant programs 

16 under this Act as the Secretary determines are 

17 necessary; 

18 (5) provide guidance, information on best prac19 tices, and technical assistance to communities seek20 ing to adopt sustainable development policies and 

21 practices; 

22 (6) provide guidance and technical assistance to 

23 communities seeking to prepare applications for the 

24 comprehensive planning grant program under sec25 tion 7; 


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1 (7) administer initiatives of the Department re2 lating to the policies described in paragraph (1), as 

3 determined by the Secretary; and 

4 (8) coordinate with and conduct outreach to 

5 other Federal agencies, including the Federal Tran6 sit Administration of the Department of Transpor7 tation and the Office of Smart Growth of the Envi8 ronmental Protection Agency, on sustainability 

9 issues. 

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

11 Director of the Office of Sustainable Housing and Com12 munities. 

13 (c) DUTIES RELATING TO GRANT PROGRAMS.— 

14 (1) IN GENERAL.—The Director, in coordina15 tion with the Council or a working group established 

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

17 the grant programs established under this Act. 

18 (2) INTERIM WORKING GROUP.—During the pe19 riod between the date of enactment of this Act and 

20 the date on which a memorandum of understanding 

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

22 grant programs under this Act, the Secretary shall 

23 consult with an interim working group that includes 

24 the Secretary of Transportation, the Administrator 

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1 ignee of such Secretary or Administrator), and rep2 resentatives from such other Federal agencies, de3 partments, or offices, as the President may deter4 mine. 

5 (3) TECHNICAL ASSISTANCE FOR GRANT RE6 CIPIENTS AND APPLICANTS.—The Director may— 

7 (A) coordinate with the members of the 

8 Council to establish interagency and multidisci9 plinary teams to provide technical assistance to 

10 recipients of and prospective applicants for 

11 grants under this Act; 

12 (B) make contracts with third parties to 

13 provide technical assistance to grant recipients 

14 and prospective applicants for grants; and 

15 (C) establish a technical assistance pro16 gram for prospective applicants, particularly 

17 prospective applicants from smaller commu18 nities, preparing to apply for grants under sec19 tion 7. 

20 (d) REPORT ON HOUSING LOCATION AFFORDABILITY

21 INDEX.— 

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

23 study on— 


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1 (A) the development of a housing location 

2 affordability index that includes housing and 

3 transportation costs; and 

4 (B) ways in which the affordability index 

5 described in subparagraph (A) could be made 

6 available to the public to inform consumers of 

7 the combined costs of housing and transpor8 tation. 

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

10 date of enactment of this Act, the Director shall 

11 submit to the Committee on Banking, Housing, and 

12 Urban Affairs of the Senate and the Committee on 

13 Financial Services of the House of Representatives 

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

15 (e) REPORT ON INCENTIVES FOR ENERGY-EFFI16 CIENT MORTGAGES AND LOCATION-EFFICIENT MORT17 GAGES.— 

18 (1) DEFINITIONS.—In this subsection— 

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

20 means a mortgage loan under which the income 

21 of the borrower, for purposes of qualification 

22 for such loan, is considered to be increased by 

23 not less than $1 for each $1 of savings pro24 jected to be realized by the borrower as a result 

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1 tion, or improvements (including use of renew2 able energy sources, such as solar, geothermal, 

3 biomass, and wind, super-insulation, energy4 saving windows, insulating glass and film, and 

5 radiant barrier) for the home for which the loan 

6 is made; and 

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

8 means a mortgage loan under which— 

9 (i) the income of the borrower, for 

10 purposes of qualification for such loan, is 

11 considered to be increased by not less than 

12 $1 for each $1 of savings projected to be 

13 realized by the borrower because the loca14 tion of the home for which the loan is 

15 made will result in decreased transpor16 tation costs for the household of the bor17 rower; or 

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

19 taxes, and insurance due under the mort20 gage loan is decreased by not less than $1 

21 for each $1 of savings projected to be real22 ized by the borrower because the location 

23 of the home for which the loan is made will 

24 result in decreased transportation costs for 

25 the household of the borrower. 


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1 (2) STUDY.— 

2 (A) IN GENERAL.—The Director shall con3 duct a study on incentives for encouraging lend4 ers to make, and homebuyers and homeowners 

5 to participate in, energy-efficient mortgages and 

6 location-efficient mortgages, including— 

7 (i) fee reductions; 

8 (ii) fee waivers; 

9 (iii) interest rate reductions; and 

10 (iv) adjustment of mortgage qualifica11 tions. 

12 (B) CONSIDERATIONS.—In studying the 

13 incentives under subparagraph (A), the Sec14 retary shall consider the potential for lower risk 

15 of default on energy-efficient mortgages and lo16 cation-efficient mortgages in comparison to 

17 mortgages that are not energy-efficient or loca18 tion-efficient. 

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

20 date of enactment of this Act, the Director shall 

21 submit to the Committee on Banking, Housing, and 

22 Urban Affairs of the Senate and the Committee on 

23 Financial Services of the House of Representatives 

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


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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Secretary such 

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

4 SEC. 6. INTERAGENCY COUNCIL ON SUSTAINABLE COMMU5 NITIES. 

6 (a) ESTABLISHMENT OF COUNCIL.— 

7 (1) ESTABLISHMENT.—There is established in 

8 the executive branch an independent entity to be 

9 known as the Interagency Council on Sustainable 

10 Communities. 

11 (2) MEMBERS.— 

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

13 Council are— 

14 (i) the Secretary, the Secretary of 

15 Transportation, and the Administrator of 

16 the Environmental Protection Agency; and 

17 (ii) such representatives from other 

18 Federal agencies, departments, or offices 

19 in the executive branch as the President 

20 may prescribe. 

21 (B) DESIGNEES.— 

22 (i) IN GENERAL.—The head of a Fed23 eral agency described in subparagraph (A) 

24 may select a designee to serve in the place 


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1 of the head of the Federal agency on the 

2 Council. 

3 (ii) QUALIFICATIONS.—The head of a 

4 Federal agency that selects a designee 

5 under clause (i) shall ensure that the des6 ignee has the appropriate experience and 

7 authority to serve on the Council. 

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

9 shall serve with no additional pay. 

10 (3) CHAIRPERSON.— 

11 (A) CHAIRPERSON.—The Chairperson of 

12 the Council shall be, in successive terms— 

13 (i) the Secretary; 

14 (ii) the Secretary of Transportation; 

15 and 

16 (iii) the Administrator of the Environ17 mental Protection Agency. 

18 (B) DUTIES.—The Chairperson shall— 

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

20 each meeting of the Council; and 

21 (ii) in consultation with the members 

22 of the Council, set the agenda for each 

23 meeting of the Council. 

24 (C) TERM.—The Chairperson shall serve 

25 for a term of 1 year. 


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1 (D) FIRST CHAIRPERSON.—The Secretary 

2 shall be the first individual to serve as Chair3 person after the date of enactment of this Act. 

4 (4) EXECUTIVE DIRECTOR AND STAFF.— 

5 (A) EXECUTIVE DIRECTOR.— 

6 (i) APPOINTMENT AND COMPENSA7 TION.—The Council shall appoint an Exec8 utive Director, who shall be compensated 

9 at a rate not to exceed the rate of basic 

10 pay for level V of the Executive Schedule 

11 under section 5316 of title 5, United 

12 States Code. 

13 (ii) SENSE OF CONGRESS.—It is the 

14 sense of Congress that the Council should 

15 appoint an Executive Director not later 

16 than 90 days after the date of enactment 

17 of this Act. 

18 (B) ADDITIONAL PERSONNEL.—With the 

19 approval of the Council, the Executive Director 

20 of the Council may appoint and fix the com21 pensation of such additional personnel as the 

22 Executive Director determines are necessary to 

23 carry out the duties of the Council. 

24 (C) DETAILEES FROM OTHER AGENCIES.— 

25 Upon request of the Council, the head of any 


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1 Federal agency may detail any of the personnel 

2 of such agency to the Council to assist the 

3 Council in carrying out its duties under this 

4 section. 

5 (D) EXPERTS AND CONSULTANTS.—With 

6 the approval of the Council, the Executive Di7 rector of the Council may procure temporary 

8 and intermittent services pursuant to section 

9 3109(b) of title 5, United States Code. 

10 (5) CONSULTATION WITH ADDITIONAL SECRE11 TARIES AND ADMINISTRATORS.— 

12 (A) CONSULTATION.—In carrying out its 

13 duties under this section, the Council may con14 sult with the heads of departments, agencies, 

15 and offices in the executive branch, including 

16 the Secretary of Energy, the Secretary of Edu17 cation, the Secretary of Agriculture, the Sec18 retary of Health and Human Services, the Sec19 retary of Commerce, the Chairman of the Coun20 cil on Environmental Quality, and the Director 

21 of the White House Office of Urban Affairs. 

22 (B) PARTICIPATION IN MEETINGS OF

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

24 or office with whom the Council consults under 


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1 subparagraph (A) may participate in a meeting 

2 of the Council. 

3 (C) INFORMATION SHARING.—The head of 

4 each Federal agency shall make available to the 

5 Council such information as may be necessary 

6 for the Council to carry out its duties under 

7 this section. 

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

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

10 of enactment of this Act; and 

11 (B) not less frequently than 3 times each 

12 year. 

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

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

15 of the Council shall develop and sign a memorandum 

16 of understanding that establishes rules relating to 

17 the governance of the Council, including rules relat18 ing to the process by which decisions of the Council 

19 are made. 

20 (8) INCORPORATION OF WORK OF INTERIM

21 WORKING GROUP.—Any activities carried out by an 

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

23 shall be incorporated into the activities of the Coun24 cil, effective on the date the memorandum of under25 standing under paragraph (7) is signed. 


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

2 (1) ensure interagency coordination of Federal 

3 policy on sustainable development; 

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

5 organizations and State and local governments to 

6 build partnerships and knowledge relating to sus7 tainable development; 

8 (3) ensure that the research agendas of depart9 ments and agencies of the Federal Government on 

10 sustainable development are coordinated; 

11 (4) establish a clearinghouse for guidance, best 

12 practices, and other information for communities un13 dertaking activities relating to sustainable develop14 ment; 

15 (5) coordinate an assessment by departments 

16 and agencies of the Federal Government of impedi17 ments to sustainable development, including impedi18 ments created by Federal programs, and the devel19 opment of recommendations for methods for over20 coming such impediments; and 

21 (6) coordinate with the Director on activities re22 lating to the grant programs established under this 

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

24 working group to coordinate with the Director on 

25 such activities. 


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1 (c) REPORTS.— 

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

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

4 thereafter, the Council shall submit to the Com5 mittee on Banking, Housing, and Urban Affairs of 

6 the Senate and the Committee on Financial Services 

7 of the House of Representatives a report on the ac8 tivities and accomplishments of the Council. 

9 (2) RECOMMENDATIONS.—Not later than 1 

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

11 Council shall submit to the Committee on Banking, 

12 Housing, and Urban Affairs of the Senate and the 

13 Committee on Financial Services of the House of 

14 Representatives a report that contains— 

15 (A) an analysis of impediments to sustain16 able development; and 

17 (B) recommendations for action by the 

18 Federal Government on issues relating to sus19 tainable development. 

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

21 3 years after the date of enactment of this Act, the Comp22 troller General shall submit to the Committee on Banking, 

23 Housing, and Urban Affairs of the Senate and the Com24 mittee on Financial Services of the House of Representa25 tives a report that contains— 


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1 (1) an updated analysis of impediments to sus2 tainable development, as described in subsection 

3 (c)(2)(A); and 

4 (2) a description of actions taken by the Fed5 eral Government to implement the recommendations 

6 made by the Council in the report under subsection 

7 (c)(2)(B). 

8 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated such sums as may be 

10 necessary to carry out this section. 

11 SEC. 7. COMPREHENSIVE PLANNING GRANT PROGRAM. 

12 (a) DEFINITIONS.—In this section— 

13 (1) the term ‘‘eligible entity’’ means a partner14 ship between a consortium of units of general local 

15 government and an eligible partner; 

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

17 (A) a metropolitan planning organization, 

18 a rural planning organization, or a regional 

19 council; or 

20 (B) a metropolitan planning organization, 

21 a rural planning organization, or a regional 

22 council, and a State; and 

23 (3) the term ‘‘grant program’’ means the com24 prehensive planning grant program established 

25 under subsection (b). 


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1 (b) COMPREHENSIVE PLANNING GRANT PROGRAM

2 ESTABLISHED.—The Director shall establish a com3 prehensive planning grant program to make grants to eli4 gible entities to carry out a project to— 

5 (1) coordinate land use, housing, transpor6 tation, and infrastructure planning processes across 

7 jurisdictions and agencies; 

8 (2) identify potential regional partnerships for 

9 developing and implementing a comprehensive re10 gional plan; 

11 (3) conduct or update housing, infrastructure, 

12 transportation, energy, and environmental assess13 ments to determine regional needs and promote sus14 tainable development; 

15 (4) develop or update— 

16 (A) a comprehensive regional plan; or 

17 (B) goals and strategies to implement an 

18 existing comprehensive regional plan; and 

19 (5) implement local zoning and other code 

20 changes necessary to implement a comprehensive re21 gional plan and promote sustainable development. 

22 (c) GRANTS.— 

23 (1) AMOUNT OF GRANTS.— 

24 (A) MICROPOLITAN STATISTICAL AREAS

25 AND SMALL METROPOLITAN STATISTICAL


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1 AREAS.—The amount awarded under the grant 

2 program to an eligible entity that represents all 

3 or part of a micropolitan area, or a metropoli4 tan statistical area with a population of not 

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

6 (B) MID-SIZED METROPOLITAN STATIS7 TICAL AREAS.—The amount awarded under the 

8 grant program to an eligible entity that rep9 resents all or part of a metropolitan statistical 

10 area with a population of more than 200,000 

11 and less than 500,000 may not exceed 

12 $1,500,000. 

13 (C) LARGE METROPOLITAN STATISTICAL

14 AREAS.—The amount awarded under the grant 

15 program to an eligible entity that represents all 

16 or part of a metropolitan statistical area with a 

17 population of 500,000 or more may not exceed 

18 $5,000,000. 

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

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

21 the grant program may not exceed 80 percent. 

22 (3) AVAILABILITY OF FUNDS.— 

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

24 receives a grant under the grant program 

25 shall— 


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1 (i) obligate any funds received under 

2 the grant program not later than 3 years 

3 after the date on which the grant agree4 ment under subsection (g) is made; and 

5 (ii) expend any funds received under 

6 the grant program not later than 4 years 

7 after the date on which the grant agree8 ment under subsection (g) is made. 

9 (B) UNOBLIGATED AMOUNTS.—After the 

10 date described in subparagraph (A)(i), the Sec11 retary may award to another eligible entity, to 

12 carry out activities under this section, any 

13 amounts that an eligible entity has not obli14 gated under subparagraph (A)(i). 

15 (d) APPLICATION.— 

16 (1) IN GENERAL.—An eligible entity that de17 sires a grant under the grant program shall submit 

18 to the Director an application at such time and in 

19 such manner as the Director shall prescribe. 

20 (2) CONTENTS.—Each application shall con21 tain— 

22 (A) a description of the project proposed to 

23 be carried out by the eligible entity; 

24 (B) a budget for the project that includes 

25 the anticipated Federal share of the cost of the 


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1 project and a description of the source of the 

2 non-Federal share; 

3 (C) a signed copy of a memorandum of un4 derstanding among local jurisdictions, includ5 ing, as appropriate, a State, units of general 

6 purpose local government, units of special pur7 pose local government, metropolitan planning 

8 organizations, rural planning organizations, and 

9 regional councils that demonstrates— 

10 (i) the creation of a consortium of 

11 units of general local government; 

12 (ii) a commitment to develop a com13 prehensive regional plan; and 

14 (iii) a commitment to implement the 

15 plan after it is developed; 

16 (D) a certification that the eligible entity 

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

18 after the date of the grant award, a regional 

19 advisory board to provide input and feedback on 

20 the development of the comprehensive regional 

21 plan that includes, as appropriate, representa22 tives of a State, the metropolitan planning or23 ganization, the rural planning organization, the 

24 regional council, public transportation agencies, 

25 public housing agencies, economic development 


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1 authorities, other local governments, environ2 mental agencies, public health agencies, the 

3 nonprofit community, the private sector, com4 munity-based organizations, citizen groups, 

5 neighborhood groups, and members of the pub6 lic; 

7 (E) a certification that the eligible entity 

8 has solicited public comment on the contents of 

9 the project description under subparagraph (A) 

10 that includes— 

11 (i) a certification that the eligible en12 tity has held 1 or more public hearings; 

13 (ii) a description of the process for re14 ceiving public comment; 

15 (iii) a summary of the comments re16 ceived; and 

17 (iv) such other information as the Di18 rector may require; 

19 (F) a description of how the eligible entity 

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

21 and 

22 (G) such additional information as the Di23 rector may require. 


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

2 grant under the grant program, the Director shall con3 sider the extent to which the application— 

4 (1) furthers the creation of livable communities; 

5 (2) demonstrates the technical capacity of the 

6 eligible entity to carry out the project; 

7 (3) demonstrates the extent to which the con8 sortium has developed partnerships throughout an 

9 entire micropolitan or metropolitan statistical area, 

10 including, as appropriate, partnerships with the enti11 ties described in subsection (d)(2)(D); 

12 (4) demonstrates a commitment to— 

13 (A) sustainable development; 

14 (B) location-efficient and transit-oriented 

15 development; 

16 (C) developing new capacity for public 

17 transportation and increasing ridership on pub18 lic transportation; 

19 (D) providing affordable, energy-efficient, 

20 and location-efficient housing choices for fami21 lies of all ages, incomes, races, and ethnicities; 

22 (E) creating and preserving long-term af23 fordable, energy-efficient, and location-efficient 

24 housing for low-, very low-, and extremely low25 income families; 


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1 (F) revitalizing communities, neighbor2 hoods and commercial centers supported by ex3 isting infrastructure; 

4 (G) monitoring and improving environ5 mental quality, including air and water quality, 

6 energy use, greenhouse gas emissions, and the 

7 redevelopment of brownfields; and 

8 (H) coordinating the provision of transpor9 tation services to elderly, disabled, and low-in10 come populations; 

11 (5) demonstrates a plan for implementing a 

12 comprehensive regional plan through regional infra13 structure investment plans and local land use plans; 

14 (6) promotes diversity among the geographic re15 gions and the sizes of the population of the commu16 nities served by recipients of grants under this sec17 tion; 

18 (7) promotes economic benefits; 

19 (8) demonstrates that a Federal grant is nec20 essary to accomplish the project proposed to be car21 ried out; 

22 (9) has a high quality overall; and 

23 (10) demonstrates such other qualities as the 

24 Director may determine. 


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1 (f) ELIGIBLE ACTIVITIES.—An eligible entity that re2 ceives a grant under this section shall carry out a project 

3 that includes 1 or more of the following activities: 

4 (1) Planning and coordinating across jurisdic5 tions in the region to develop a comprehensive re6 gional plan. 

7 (2) Developing achievable goals and strategies 

8 for carrying out the comprehensive regional plan, in9 cluding— 

10 (A) land use, zoning, and other code re11 form, including reform of conservation zoning 

12 in agricultural and other natural resource 

13 areas; 

14 (B) promoting efficient land use, mixed15 use development, and the preservation of agri16 cultural, green, and open space; 

17 (C) increasing access to and ridership on 

18 public transportation; 

19 (D) the creation and preservation of work20 force housing and affordable housing for low-, 

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

22 including housing with access to jobs and public 

23 transportation; 

24 (E) promoting economic development and 

25 transit-oriented development; 


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1 (F) revitalizing communities; and 

2 (G) promoting environmental protection 

3 and public health and reducing greenhouse gas 

4 emissions. 

5 (3) Developing a plan that outlines feasible 

6 steps for implementing the comprehensive regional 

7 plan, including making interjurisdictional agree8 ments that provide for cooperative and coordinated 

9 approaches to achieving the goals of the plan. 

10 (4) Assessing projected regional population 

11 growth or loss and demographic changes. 

12 (5) Assessing how the regional population 

13 growth or loss and demographic changes will impact 

14 the need for housing, community development, and 

15 transportation, including public transportation in the 

16 region. 

17 (6) Assessing the accessibility of job centers 

18 within the region to public transportation facilities 

19 and housing. 

20 (7) Assessing transportation options in the re21 gion, including— 

22 (A) public transportation options; 

23 (B) options for people with low incomes, 

24 people living in high-poverty areas, elderly peo25 ple, and people with disabilities; and 


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1 (C) any obstacles to providing access to lo2 cations that offer employment opportunities. 

3 (8) Developing techniques to inform decision 

4 makers on how growth of population and employ5 ment, development patterns, and investments in 

6 transportation infrastructure are likely to affect 

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

8 (9) Assessing the daily vehicle miles traveled in 

9 the region and opportunities for reducing the growth 

10 in daily vehicle miles traveled and traffic congestion. 

11 (10) Assessing housing needs, including the 

12 need for workforce housing and affordable housing 

13 for low-, very low-, and extremely low-income fami14 lies, and the availability of housing in the region to 

15 meet such needs. 

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

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

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

19 that utilize workforce housing in areas that— 

20 (A) are undergoing redevelopment or car21 rying out transit-oriented development; and 

22 (B) have access to services including trans23 portation (particularly public transportation), 

24 neighborhood commercial centers, and medical 

25 services. 


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1 (12) Assessing methods for lowering the com2 bined cost of housing and transportation for families 

3 in the region, particularly for families that utilize 

4 workforce housing and for low-, very low-, and ex5 tremely low-income families. 

6 (13) Assessing existing infrastructure and in7 frastructure needs in the region, including projected 

8 water needs and sources, the need for sewer infra9 structure, and the existence of flood plains. 

10 (14) Assessing local land use and zoning poli11 cies and opportunities for revising or expanding such 

12 policies to implement a comprehensive regional plan. 

13 (15) Assessing the opportunity to revitalize ex14 isting communities, including infill development. 

15 (16) Assessing environmental and public health 

16 needs in the region and potential strategies for re17 ducing greenhouse gas emissions, improving air and 

18 water quality, and remediating brownfield sites. 

19 (17) Assessing projected loss of agricultural 

20 and rural land and other green space in the region 

21 to development, and methods to minimize such loss. 

22 (18) Evaluating any tools or resources that are 

23 available to address regional needs identified in an 

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

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


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1 meeting such needs, including any existing sources 

2 of funding and any sources of funding that are lack3 ing. 

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

5 code reforms to promote location efficiency and sus6 tainable development. 

7 (20) Other activities consistent with the pur8 poses of this Act, as determined by the Director. 

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

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

11 in coordination with the Director, performance measures 

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

13 eligible entity receives funds under the grant program. 

14 (h) VIOLATION OF GRANT AGREEMENT.—If the Di15 rector determines that an eligible entity has not met the 

16 performance measures established under subsection (g), is 

17 not making reasonable progress toward meeting such 

18 measures, or is otherwise in violation of the grant agree19 ment, the Director may— 

20 (1) withhold financial assistance until the per21 formance measures are met; or 

22 (2) terminate the grant agreement. 

23 (i) SUSTAINABILITY CHALLENGE GRANTS.—An eligi24 ble entity that receives a grant under this section and has 


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1 created a comprehensive regional plan may apply for a 

2 sustainability challenge grant under section 8. 

3 (j) REPORTS REQUIRED.— 

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

5 after the end of the first year after the grant agree6 ment is made under subsection (g), and each year 

7 thereafter, an eligible entity that receives a grant 

8 under this section shall submit to the Director a 

9 progress report that contains— 

10 (A) a description of any progress made to11 ward meeting the performance measures estab12 lished under subsection (g), including— 

13 (i) a description of any partnership 

14 created across policy and governmental ju15 risdictions and a description of any task 

16 force or multiagency group established by 

17 the eligible entity at the regional level; and 

18 (ii) a description of— 

19 (I) housing, land use, transpor20 tation, public transportation, energy, 

21 infrastructure, and environmental 

22 needs in the region; or 

23 (II) the obstacles encountered 

24 that prevented the eligible entity from 

25 completing a comprehensive evaluaVerDate Nov 24 2008 21:26 Aug 07, 2009 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S1619.IS S1619

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1 tion of housing, land use, transpor2 tation, public transportation, energy, 

3 infrastructure, and environmental 

4 needs, and a date by which the eligible 

5 entity expects to complete the evalua6 tion; 

7 (B) a description of any planning goals for 

8 the region that address housing, transportation, 

9 public transportation, energy, infrastructure, 

10 and environmental needs; 

11 (C) a description of— 

12 (i) a strategy for meeting the goals 

13 described in subparagraph (B), including a 

14 discussion of potential transportation, 

15 housing, transit-oriented development, en16 ergy, infrastructure, or environmental ac17 tivities; or 

18 (ii) the obstacles encountered that 

19 prevented the eligible entity from com20 pleting a strategy for meeting the goals 

21 identified under clause (i) and a date by 

22 which the eligible entity expects to com23 plete the strategy; and 

24 (D) any other information the Director 

25 may require. 


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

2 after the date on which the grant agreement under 

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

4 a grant under this section shall submit to the Direc5 tor a final report that contains— 

6 (A) a description of a comprehensive re7 gional plan that includes specific projects that 

8 will help meet housing, transportation, energy, 

9 infrastructure, and environmental goals for the 

10 region; 

11 (B) a detailed description of how the plan 

12 under subparagraph (A) meets the performance 

13 measures established under subsection (g); 

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

15 the eligible entity, including whether the eligible 

16 entity intends to apply for a sustainability chal17 lenge grant under section 8; and 

18 (D) any other information the Director 

19 may require. 

20 (k) AUTHORIZATION OF APPROPRIATIONS.— 

21 (1) AUTHORIZATION.—There are authorized to 

22 be appropriated to the Secretary for the award of 

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

24 fiscal years 2010 through 2013, to remain available 

25 until expended. 


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1 (2) TECHNICAL ASSISTANCE.—The Director 

2 may use 2 percent of the amounts made available 

3 under this subsection for a fiscal year for technical 

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

5 SEC. 8. SUSTAINABILITY CHALLENGE GRANT PROGRAM. 

6 (a) DEFINITIONS.—In this section— 

7 (1) the term ‘‘eligible entity’’ means a partner8 ship between a consortium of units of general local 

9 government and an eligible partner; 

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

11 (A) a metropolitan planning organization, 

12 a rural planning organization, or a regional 

13 council; or 

14 (B) a metropolitan planning organization, 

15 a rural planning organization, or a regional 

16 council, and a State; and 

17 (3) the term ‘‘grant program’’ means the sus18 tainability challenge grant program established 

19 under subsection (b). 

20 (b) SUSTAINABILITY CHALLENGE GRANT PROGRAM

21 ESTABLISHED.—The Director shall establish a sustain22 ability challenge grant program to make grants to eligible 

23 entities to— 


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1 (1) promote integrated transportation, housing, 

2 energy, and economic development activities carried 

3 out across policy and governmental jurisdictions; 

4 (2) promote sustainable and location-efficient 

5 development; and 

6 (3) implement projects identified in a com7 prehensive regional plan. 

8 (c) GRANTS.— 

9 (1) MICROPOLITAN STATISTICAL AREA OR

10 SMALL METROPOLITAN STATISTICAL AREA.—The 

11 total amount awarded under this section to an eligi12 ble entity that represents all or part of a 

13 micropolitan area, or a metropolitan area with a 

14 population of not more than 200,000, may not ex15 ceed $15,000,000. 

16 (2) METROPOLITAN STATISTICAL AREAS BE17 TWEEN 200,000 AND 500,000.—The total amount 

18 awarded under this section to an eligible entity that 

19 represents all or part of a metropolitan statistical 

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

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

22 (3) LARGE METROPOLITAN AREAS.—The total 

23 amount awarded under this section to an eligible en24 tity that represents all or part of a metropolitan 


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

2 $100,000,000. 

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

4 the cost of a project under this section may not ex5 ceed 80 percent. 

6 (5) AVAILABILITY OF FUNDS.— 

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

8 receives a grant under the grant program 

9 shall— 

10 (i) obligate any funds received under 

11 the grant program not later than 3 years 

12 after the date on which the grant agree13 ment under subsection (g) is made; and 

14 (ii) expend any funds received under 

15 the grant program not later than 5 years 

16 after the date on which the grant agree17 ment under subsection (g) 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 obli23 gated under subparagraph (A)(i). 


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

2 grant under this section shall submit to the Director an 

3 application that contains— 

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

5 whether developed as part of the comprehensive 

6 planning grant program under section 7 or devel7 oped independently; 

8 (2) a description of the project or projects pro9 posed to be carried out using a grant under the 

10 grant program; 

11 (3) a description of any preliminary actions 

12 that have been or must be taken at the local or re13 gional level to implement the project or projects 

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

15 use or zoning policies; 

16 (4) a signed copy of a memorandum of under17 standing among local jurisdictions, including, as ap18 propriate, a State, units of general purpose local 

19 government, units of special purpose local govern20 ment, metropolitan planning organizations, rural 

21 planning organizations, and regional councils that 

22 demonstrates— 

23 (A) the creation of a consortium of units 

24 of general local government; and 


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1 (B) a commitment to implement the activi2 ties described in the comprehensive regional 

3 plan; 

4 (5) a certification that the eligible entity has so5 licited public comment on the contents of the project 

6 description under paragraph (2) that includes— 

7 (A) a certification that the eligible entity 

8 has held 1 or more public hearings; 

9 (B) a description of the process for receiv10 ing public comment; 

11 (C) a summary of the comments received; 

12 and 

13 (D) such other information as the Director 

14 may require; 

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

16 Federal share of the cost of the project or projects 

17 requested and a description of the source of the non18 Federal share; and 

19 (7) such additional information as the Director 

20 may require. 

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

22 grant under the grant program, the Director shall con23 sider the extent to which the application— 

24 (1) furthers the creation of livable communities; 


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1 (2) demonstrates the technical capacity of the 

2 eligible entity to carry out the project; 

3 (3) demonstrates the extent to which the eligi4 ble entity has developed partnerships throughout an 

5 entire micropolitan or metropolitan statistical area, 

6 including partnerships with units of special purpose 

7 local government and public transportation agencies; 

8 (4) demonstrates clear and meaningful inter9 jurisdictional cooperation and coordination of hous10 ing, transportation, and environmental policies and 

11 plans; 

12 (5) demonstrates a commitment to imple13 menting a comprehensive regional plan and docu14 ments action taken or planned to implement the 

15 plan, including— 

16 (A) rezoning or other changes to land use 

17 controls to enable mixed-use, mixed-income de18 velopment; 

19 (B) planned or proposed public transpor20 tation investments, including— 

21 (i) financial contributions for capital 

22 and operating costs of public transpor23 tation; 

24 (ii) improvements for bicycle riders 

25 and pedestrians; 


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1 (iii) action taken to increase the num2 ber of trips made using public transpor3 tation and bicycles and by walking; and 

4 (iv) special efforts to address the 

5 needs of elderly, disabled, and low-income 

6 populations, including populations in rural 

7 areas; 

8 (C) 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-ef15 ficient 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-ef22 ficient neighborhoods with transit-oriented 

23 development; 

24 (D) 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 (E) planned or proposed incentives, sub4 sidies, or requirements designed to preserve ag5 ricultural and rural land and other green space, 

6 including planned or proposed programs for the 

7 purchase of development rights; 

8 (6) minimizes the Federal share necessary to 

9 carry out the project; 

10 (7) identifies original and innovative ideas to 

11 overcoming regional problems, including local land 

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

13 out the comprehensive regional plan; 

14 (8) promotes location-efficient development 

15 through— 

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

17 and commercial development that is accessible 

18 to jobs and public transportation; or 

19 (B) development that is pedestrian-friendly 

20 and includes complete street projects; 

21 (9) promotes diversity among the geographic re22 gions and the sizes of the population of the commu23 nities served by recipients of grants under this sec24 tion; 


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1 (10) demonstrates that a Federal grant is nec2 essary to accomplish the project or projects proposed 

3 to be carried out; 

4 (11) has a high quality overall; and 

5 (12) demonstrates such other qualities as the 

6 Director may determine. 

7 (f) GRANT ACTIVITIES.— 

8 (1) PLANNING ACTIVITIES.—An eligible entity 

9 that receives a grant under the grant program may 

10 use not more than 10 percent of the grant for plan11 ning activities. 

12 (2) PROJECTS AND INVESTMENTS.—An eligible 

13 entity that receives a grant under the grant program 

14 shall carry out 1 or more projects that— 

15 (A) are designed to achieve goals identified 

16 in a comprehensive regional plan; and 

17 (B) promote livable communities through 

18 investment in— 

19 (i) transit-oriented development; 

20 (ii) transportation infrastructure and 

21 facilities, including public transportation, 

22 projects that improve access to public 

23 transportation, structured parking near 

24 public transportation, 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 housing for low-, very low-, and extremely 

12 low-income families in mixed-income, 

13 mixed-use neighborhoods with access to 

14 public transportation; 

15 (vii) brownfield redevelopment, or 

16 other redevelopment of communities and 

17 commercial areas, including the main 

18 streets of small towns; 

19 (viii) infrastructure maintenance and 

20 improvement initiatives that support re21 gionally integrated planning and smart 

22 growth; 

23 (ix) energy efficiency retrofit projects; 

24 (x) land banking for transit-oriented 

25 development; 


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1 (xi) implementing land use, zoning, 

2 and other code reforms to promote loca3 tion-efficient development and sustainable 

4 development; 

5 (xii) other economic development that 

6 is part of the comprehensive regional plan; 

7 and 

8 (xiii) other activities consistent with 

9 the purposes of this Act, as determined by 

10 the Director. 

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

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

13 in coordination with the Director, performance measures 

14 and reporting requirements that must be met at the end 

15 of each year in which the eligible entity receives funds 

16 under the grant program. 

17 (h) VIOLATION OF GRANT AGREEMENT.—If the Di18 rector determines that an eligible entity has not met the 

19 performance measures established under subsection (g), is 

20 not making reasonable progress toward meeting such 

21 measures, or is otherwise in violation of the grant agree22 ment, the Director may— 

23 (1) withhold financial assistance until the per24 formance measures are met; or 

25 (2) terminate the grant agreement. 


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1 (i) REPORT ON THE SUSTAINABILITY CHALLENGE

2 GRANT.— 

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

4 the date on which the grant agreement under sub5 section (g) expires, an eligible entity that receives a 

6 grant under this section shall submit a final report 

7 on the project to the Council. 

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

9 include— 

10 (A) a detailed explanation of the activities 

11 undertaken using the grant, including an expla12 nation of the completed project and how it 

13 achieves specific transit-oriented, transpor14 tation, housing, or sustainable community goals 

15 within the region; 

16 (B) a discussion of any obstacles encoun17 tered in the planning and implementation proc18 ess and how the eligible entity overcame the ob19 stacles; 

20 (C) an evaluation of the success of the 

21 project using the performance standards and 

22 measures established under subsection (g), in23 cluding an evaluation of the planning and im24 plementation process and how the project conVerDate Nov 24 2008 21:26 Aug 07, 2009 Jkt 079200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S1619.IS S1619

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1 tributes to carrying out the comprehensive re2 gional plan; and 

3 (D) any other information the Director 

4 may require. 

5 (3) INTERIM REPORT.—The Director may re6 quire an eligible entity to submit an interim report, 

7 before the date on which the project for which the 

8 grant is awarded is completed. 

9 (j) AUTHORIZATION OF APPROPRIATIONS.— 

10 (1) AUTHORIZATION.—There are authorized to 

11 be appropriated to the Secretary for the award of 

12 grants under this section, to remain available until 

13 expended— 

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

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

16 and 

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

18 (2) TECHNICAL ASSISTANCE.—Of amounts 

19 made available under this subsection, the Director 

20 may use for technical assistance under section 

21 5(c)(3) an amount that does not exceed the lesser 

22 of— 

23 (A) 0.5 percent of the amounts made avail24 able under this subsection for a fiscal year; and 


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1 (B) $2,000,000. 

Æ 


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