I 

111TH CONGRESS 

1ST SESSION H. R. 932 

To authorize the Secretary of Housing and Urban Development to make 

grants and offer technical assistance to local governments and others 

to design and implement innovative policies, programs, and projects that 

address widespread property vacancy and abandonment, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 10, 2009 

Mr. RYAN of Ohio (for himself and Mr. HIGGINS) introduced the following bill; 

which was referred to the Committee on Financial Services 

A BILL 

To authorize the Secretary of Housing and Urban Development to make grants and offer technical assistance to 

local governments and others to design and implement 

innovative policies, programs, and projects that address 

widespread property vacancy and abandonment, 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. 

4 This Act may be cited as the ‘‘Community Regenera5 tion, Sustainability, and Innovation Act of 2009’’. 


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1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—The Congress finds that— 

3 (1) many older industrial cities have experi4 enced significant population loss due to large-scale 

5 employment losses—especially well-paying jobs in 

6 basic industry and manufacturing; 

7 (2) beginning in the 1940s, Federal policies es8 tablished by the Federal Housing Administration 

9 and the Department of Transportation promoted 

10 suburban flight, which also caused population and 

11 income loss in many older cities; 

12 (3) by 1970, these trends were clearly evident 

13 in decennial data produced by the United States 

14 Census Bureau; 

15 (4) population loss and economic decline in 

16 such cities has caused widespread housing vacancy 

17 and abandonment, resulting in a landscape of gap18 toothed streets where many homes have been demol19 ished, vast numbers of unattractive, dilapidated 

20 properties that pose a threat to public safety, and 

21 underused, crumbling public infrastructure, that cit22 ies cannot afford to maintain; 

23 (5) by 2000, such conditions had spread beyond 

24 the central cities to adjacent suburbs in many met25 ropolitan areas; 


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1 (6) as these trends continued after 2000, condi2 tions were exacerbated by the subprime lending cri3 sis, which led to unprecedented rates of mortgage 

4 foreclosures resulting in even more abandonments in 

5 many of the most vulnerable neighborhoods in the 

6 most distressed cities and suburbs; 

7 (7) unmanaged vacant property and land causes 

8 community abandonment, crime, further depopula9 tion, and despair; 

10 (8) unmanaged vacant property and land can 

11 also have a detrimental impact on adjacent residen12 tial property values, while the creation of green 

13 space and infrastructure on vacant land, even on an 

14 interim basis, can increase property values; 

15 (9) experience has demonstrated that land 

16 banking, undertaken by public entities and accom17 panied by other innovative strategies, is a rationale 

18 and efficient way for local governments to assert 

19 public control and management over vacant and 

20 abandoned property in order to stabilize neighbor21 hoods and real estate markets, rationalize land use, 

22 provide new public amenities, including open space 

23 and green infrastructure, and renew, strengthen, 

24 and reposition for the future communities that have 

25 experienced significant population loss; 


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1 (10) beginning in 1999, the State of Michigan 

2 reformed its property tax foreclosure processes and 

3 enacted new land banking legislation which opened 

4 the door for communities to reclaim, reinvest in, and 

5 rebuild their neighborhoods by creating a highly suc6 cessful land banking model that has proven effective 

7 in removing dilapidated structures, redeveloping 

8 abandoned properties, creating new open space, and 

9 increasing property values in communities hard-hit 

10 by employment and population losses such as the 

11 City of Flint and Genesee County, where thousands 

12 of parcels have been returned to productive use or 

13 set aside as green, open space; and 

14 (11) the Federal Government can assist State 

15 and local governments by providing financial support 

16 to establish and maintain land banks, including, 

17 where appropriate, multi-jurisdictional land banks, 

18 and to develop innovative strategies to convert such 

19 land to productive use or for long-term strategic 

20 public purposes. 

21 (b) PURPOSES.—The purposes of this Act are— 

22 (1) to provide Federal assistance, through 

23 grants and the provision of technical assistance, to 

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1 lation loss due to large-scale employment losses 

2 which have resulted in widespread abandonment of 

3 real property; 

4 (2) to encourage innovation, experimentation, 

5 and environmentally sustainable practices through 

6 collaborative efforts to reuse and rehabilitate land 

7 bank property in ways that will provide long-term 

8 benefits to the public; 

9 (3) to encourage the creation of green infra10 structure; 

11 (4) to encourage the creation of new employ12 ment opportunities, especially in areas related to en13 vironmental sustainability and green infrastructure 

14 directly related to the implementation of regenera15 tion plans assisted under this Act; and 

16 (5) to encourage the strategic use of other Fed17 eral, State, local, private, and nonprofit resources 

18 not provided under this Act to stabilize and improve 

19 neighborhoods not presently experiencing widespread 

20 vacancy and abandonment, but whose stability is or 

21 may be threatened if current demographic or em22 ployment trends continue. 


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1 SEC. 3. DEMONSTRATION PROGRAM FOR INNOVATIVE VA2 CANT PROPERTY RECLAMATION AND URBAN 

3 INFRASTRUCTURE RENEWAL STRATEGIES. 

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

5 Urban Development shall carry out a demonstration pro6 gram under this section to encourage and test innovative 

7 vacant property reclamation and urban infrastructure re8 newal strategies in older industrial cities, suburbs of such 

9 cities, and metropolitan areas having a history of severe 

10 population and employment loss, blight, and decay caused 

11 by vacant properties. 

12 (b) ELIGIBILITY OF UNITS OF GENERAL LOCAL GOV13 ERNMENT.—A unit of general local government, or a con14 sortia of such units, shall be eligible for selection for par15 ticipation in the demonstration program under this section 

16 only if the unit or consortium meets one of the following 

17 two requirements: 

18 (1) SUBSTANTIAL POPULATION LOSS.—The ap19 plicant unit of general local government, or the most 

20 populous unit of general local government of the ap21 plicant consortium, has experienced at least 20 per22 cent population loss since 1970, as measured by 

23 data from the 2000 decennial census. 

24 (2) CONCENTRATED HOUSING VACANCY AND

25 ABANDONMENT.—The applicant unit of general local 


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1 government, or the most populous unit of general 

2 local government of applicant consortium— 

3 (A) has experienced prolonged population, 

4 income, and employment loss resulting in sub5 stantial levels of housing vacancy and abandon6 ment; and 

7 (B) such housing vacancies and abandon8 ments are concentrated in more than one neigh9 borhood or geographic area within a jurisdiction 

10 or jurisdictions. 

11 (c) MULTIYEAR COOPERATIVE AGREEMENTS.— 

12 (1) AUTHORITY.—In carrying out the dem13 onstration program under this section, the Secretary 

14 shall enter into multiyear cooperative agreements 

15 with units of general local government, or consortia 

16 consisting of units of general local government, se17 lected for participation pursuant to subsection (h) in 

18 the demonstration program under this section, to de19 sign and implement regeneration plans to address 

20 problems associated with vacant and abandoned 

21 properties. 

22 (2) TERMS.—A cooperative agreement entered 

23 into under this subsection— 

24 (A) shall have a term of not less than 3 

25 years; 


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1 (B) shall provide for the Secretary to make 

2 grants under subsection (d) to the unit of gen3 eral local government or consortium; 

4 (C) shall provide for interaction between 

5 the Department of Housing and Urban Devel6 opment and the unit of general local govern7 ment or consortium to implement a regenera8 tion plan; and 

9 (D) may reference the responsibilities of 

10 third parties, such as State governments, uni11 versities, and non-profit organizations, and in 

12 such instances, each such entity shall enter into 

13 a memorandum of understanding with the unit 

14 of general local government or consortium. 

15 (3) DETERMINATION OF EFFECT ON HISTORIC

16 PROPERTIES.—Notwithstanding that a unit of gen17 eral local government, or consortium of such units, 

18 has been selected for participation in the demonstra19 tion program under this section, the Secretary may 

20 not enter into a cooperative agreement under this 

21 subsection until the Secretary has complied with the 

22 requirements under section 106 of the National His23 toric Preservation Act (16 U.S.C. 470f) and the reg24 ulations issued under such section (36 C.F.R. Part 

25 800) to take into account the effects, on historic 


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1 properties, of the regeneration plan of the partici2 pant approved by the Secretary under subsection (h) 

3 of this section. 

4 (d) GRANTS.—To the extent amounts for grants 

5 under this section are made available in advance in appro6 priation Acts, the Secretary shall make a grant under this 

7 section to each unit of general local government, or con8 sortia of such units, selected to participate in the dem9 onstration program under this section, for each fiscal year 

10 covered by the multiyear cooperative agreement entered 

11 into by the unit or consortium pursuant to subsection (c). 

12 (e) ELIGIBLE USES.—Amounts from grants provided 

13 under this section may be used for any of the following 

14 purposes: 

15 (1) VACANT PROPERTY AND PROGRAM CAPAC16 ITY ACTIVITIES.—For the following vacant property 

17 and program capacity activities: 

18 (A) Establishment or expansion of local or 

19 regional land banks. 

20 (B) Establishment of recovered building 

21 materials reuse and recycling infrastructure, fa22 cilities, and technical support. 

23 (C) Establishment of local government 

24 purchasing requirements for deconstruction to 


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1 make use of existing building materials stock in 

2 new and rehabilitation construction. 

3 (D) Expansion and improvement of code 

4 enforcement capabilities. 

5 (E) Development of data and information 

6 systems such as comprehensive real property 

7 systems, early warning systems, and vacant 

8 property inventory and tracking systems. 

9 (F) Establishment or strengthening of the 

10 ability of State courts, local courts, and admin11 istrative agencies to address problems caused by 

12 vacant and abandoned properties, and to facili13 tating, where feasible, such properties’ transfer 

14 to public control under a local or regional land 

15 bank. 

16 (G) Amendment or reform of State and 

17 local property tax foreclosure procedures. 

18 (2) STABILIZATION ACTIVITIES.—For the fol19 lowing stabilization activities: 

20 (A) Deconstruction and demolition of va21 cant and abandoned properties. 

22 (B) Demolition and removal of public in23 frastructure. 

24 (C) Relocation of structures. 


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1 (D) Reconfiguration of existing infrastruc2 ture. 

3 (E) Protection and limited maintenance of 

4 vacant or abandoned properties for the pur5 poses of stemming the spread of blight. 

6 (F) Assessment and remediation of prop7 erty. 

8 (G) Relocation under the Uniform Reloca9 tion and Real Property Acquisition Policies Act 

10 of 1970 (42 U.S.C. 4601 et seq.) or applicable 

11 State and local relocation statutes and policies. 

12 (3) DESIGN, DEVELOPMENT, AND REUSE AC13 TIVITIES.—For the following design, development, 

14 and reuse activities: 

15 (A) Creation of open space and networks 

16 of green infrastructure. 

17 (B) Establishing and maintaining urban 

18 agriculture and farm markets. 

19 (C) Adaptive reuse, rehabilitation, or im20 provement of architecturally, historically, or cul21 turally significant structures, or other struc22 tures of community significance, in areas tar23 geted for conservation under a regeneration 

24 plan. 


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1 (D) Development of infrastructure to 

2 produce renewable energy on vacant land, in3 cluding solar energy, wind power, and geo4 thermal power. 

5 (4) PLANNING AND POLICY INNOVATION AC6 TIVITIES.—For the following planning and policy in7 novation activities: 

8 (A) Strategic planning, neighborhood plan9 ning, brownfield plans, vacant property plans, 

10 city and neighborhood typologies, and collabo11 rative vacant property assessment processes 

12 that identify and target Federal, State, local, 

13 and nonprofit resources for neighborhoods and 

14 communities. 

15 (B) Reforms of existing State and local 

16 codes, policies, and processes to promote vacant 

17 property reclamation and reuse through flexible, 

18 performance based standards, regulations, and 

19 development processes. 

20 (5) OTHER USES.—For such other uses in ac21 cordance with the purposes of this Act as the Sec22 retary may designate. 

23 (f) INELIGIBLE USES.—Amounts from grants pro24 vided under this section shall not be used— 


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1 (1) to demolish public housing, as such term is 

2 defined in section 3 of the United States Housing 

3 Act of 1937 (42 U.S.C. 1437a); 

4 (2) to demolish any property listed, or eligible 

5 to be listed, in the National Register of Historic 

6 Places under the National Historic Preservation Act 

7 (16 U.S.C. 470 et seq.), or designated as historic 

8 under State or local law; 

9 (3) to alter or modify any property listed or eli10 gible for listing in the National Register of Historic 

11 Places, unless the proposed alteration or modifica12 tion is determined to be consistent with the Stand13 ards for the Treatment of Historic Properties of the 

14 Secretary of the Interior pursuant to section 106 of 

15 the National Historic Preservation Act (16 U.S.C. 

16 470f) and the regulations issued under such section 

17 (36 C.F.R. Part 800); 

18 (4) to clean-up any brownfield site, except for 

19 planning activities related to the clean-up of a 

20 brownfield site; or 

21 (5) to redevelop any brownfield site, except for 

22 planning activities related to the redevelopment of a 

23 brownfield site. 

24 (g) LIMITATION ON USE FOR ADMINISTRATIVE

25 COSTS.—Of any amounts received from a grant under this 


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1 section in any fiscal year, a participant in the demonstra2 tion program under this section may use not more than 

3 20 percent for any administrative costs of the jurisdiction 

4 in carrying out the regeneration plan of such participant 

5 and in carrying out the responsibilities of the participant 

6 in connection such program. 

7 (h) SELECTION OF PARTICIPANT REGENERATION

8 COMMUNITIES.— 

9 (1) APPLICATION.—To be eligible to participate 

10 in the demonstration program established under this 

11 section, a unit of general local government or con12 sortium of such units shall submit an application for 

13 assistance under this section in such form and in ac14 cordance with such requirements as the Secretary 

15 shall establish, together with a regeneration plan 

16 under paragraph (2) for the community or region of 

17 the unit of general local government or consortium. 

18 (2) REGENERATION PLAN.—A regeneration 

19 plan under this paragraph for a community or re20 gion shall meet the following requirements: 

21 (A) MANDATORY ELEMENTS.—The plan 

22 shall include, for such community or region, the 

23 following elements: 

24 (i) A comprehensive land use plan 

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1 munity or region has experienced, reflects 

2 future population trends, including any an3 ticipated further losses, using the most 

4 current data available, and provides for the 

5 efficient and sustainable use of land, struc6 tures, neighborhoods, and resources within 

7 the community or region. 

8 (ii) A plan for creation of green infra9 structure to be set aside in the community 

10 or region for recreation, open space, agri11 culture, park use, educational use, or pur12 poses related to future economic or resi13 dential development. 

14 (iii) A detailed implementation strat15 egy for the plan, including modifications to 

16 a comprehensive or master land use plan, 

17 neighborhood plans, and zoning and build18 ing codes. 

19 (iv) A plan for integrating related pro20 grams and strategies funded through other 

21 sources, including Federal, State, local, 

22 and private sources, into the implementa23 tion strategy pursuant to clause (iii). 

24 (v) Any other elements, as determined 

25 by the Secretary. 


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1 (B) OTHER INCLUDED ELEMENTS.—The 

2 plan shall include as many of the following ele3 ments as may be appropriate or feasible: 

4 (i) Good urban design principles. 

5 (ii) Sustainability principles. 

6 (iii) Integration and targeting of fund7 ing provided under the community develop8 ment block grant program under title I of 

9 the Housing and Community Development 

10 Act of 1974 (42 U.S.C. 5301 et seq.). 

11 (iv) Use of other funds and resources, 

12 Federal, State, local, private, financial, or 

13 otherwise. 

14 (v) Brownfields remediation and rede15 velopment funded through other sources. 

16 (vi) Smart growth principles, includ17 ing, complete streets, new urbanism, af18 fordable housing, mixed uses, infill develop19 ment, public infrastructure improvements, 

20 and form based codes. 

21 (vii) Deconstruction activities with 

22 measurable outcomes. 

23 (viii) To the extent necessary, im24 provement of real property data and infor25 mation systems with respect to property 


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1 conditions, and streamlining and improve2 ment of code enforcement procedures to 

3 expedite the process of asserting public 

4 control over vacant and abandoned prop5 erties. 

6 (ix) Promotion of energy-use effi7 ciency, green collar jobs, natural systems 

8 storm water management, and other eco9 logical services. 

10 (x) Neighborhood plans developed 

11 through a community-based process for 

12 component communities within the appli13 cant’s jurisdiction or jurisdictions. 

14 (xi) The potential to create new em15 ployment opportunities, especially in areas 

16 directly related to the implementation of 

17 the regeneration plan, including building 

18 deconstruction, removal of buildings and 

19 infrastructure, creation of green infrastruc20 ture, environmental remediation, and long21 term employment in environmentally sus22 tainable activities, including urban agri23 culture, open space maintenance, and re24 newable energy production. 


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1 (xii) Adaptive reuse, rehabilitation, or 

2 improvement of architecturally, histori3 cally, or culturally significant structures, 

4 or other structures of community signifi5 cance, in areas targeted for conservation. 

6 (xiii) Any other elements as the Sec7 retary may prescribe. 

8 (C) CITIZEN PARTICIPATION REQUIRE9 MENTS.—The Secretary shall, by regulations 

10 issued under section 7, provide for citizen par11 ticipation requirements relating to the develop12 ment and implementation of regeneration plans 

13 as necessary to ensure, to the extent prac14 ticable, that affected citizens and community 

15 groups, including environmental organizations, 

16 and any others who would be impacted by the 

17 adoption of a regeneration plan, have notice of, 

18 and the opportunity to effectively participate in, 

19 the development of such a plan through public 

20 hearings, community workshops, charrettes, 

21 town hall meetings, or other means. 

22 (D) IMPLEMENTATION OF REGENERATION

23 PLANS.—To the extent practicable, the Sec24 retary shall, by regulations issued under section 

25 7, ensure that processes are established and 


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1 maintained providing for the continued imple2 mentation and periodic updating of regenera3 tion plans for a reasonable amount of time fol4 lowing the full expenditure of assistance re5 ceived under this Act. 

6 (3) COMPETITION.—The Secretary shall select 

7 applicants for participation in the demonstration 

8 program under this section on a competitive basis 

9 using the evaluation and selection criteria estab10 lished pursuant to paragraph (5) and in accordance 

11 with section 102 of the Department of Housing and 

12 Urban Development Reform Act of 1989 (42 U.S.C. 

13 3545). 

14 (4) SELECTION.— 

15 (A) NUMBER AND CATEGORIES OF PAR16 TICIPANTS.—During each of the first three fis17 cal years for which amounts are first made 

18 available for grants under this section, the Sec19 retary shall select units of general local govern20 ment, or consortia consisting of units of general 

21 local government, to be new participants in the 

22 demonstration program under this section, from 

23 each of the following categories as follows: 

24 (i) SMALLER UNITS OF GENERAL

25 LOCAL GOVERNMENT.—During each such 


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1 fiscal year, the Secretary shall select not 

2 more than five units of general local gov3 ernment having a population of 150,000 or 

4 less, as measured by decennial census data, 

5 or in the case of consortia of units of gen6 eral local government, consortia in which 

7 the largest unit of general local govern8 ment has such a population, except that at 

9 no time may there be more than a total of 

10 15 participants in the demonstration pro11 gram pursuant to this clause. 

12 (ii) LARGER UNITS OF GENERAL

13 LOCAL GOVERNMENT.—During each such 

14 fiscal year, the Secretary shall select not 

15 more than five units of general local gov16 ernment having a population of exceeding 

17 150,000, as measured by decennial census 

18 data, or in the case of consortia of units of 

19 general local government, consortia in 

20 which the largest unit of general local gov21 ernment has such a population, except that 

22 at no time may there be more than a total 

23 of 15 participants in the demonstration 

24 program pursuant to this clause. 


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1 (B) SUBSTANTIAL POPULATION LOSS.— 

2 The Secretary shall ensure that at least five ap3 plicants selected pursuant to subparagraph (A) 

4 in each fiscal year in which new applicants are 

5 selected for participation meet the eligibility 

6 standard set forth in subsection (b)(1). 

7 (5) EVALUATION OF APPLICATIONS AND SELEC8 TION CRITERIA.—The Secretary shall establish eval9 uation and selection criteria for participation in the 

10 demonstration program under this section, which 

11 shall include the following criteria: 

12 (A) REGIONAL COLLABORATION.—If fea13 sible or appropriate, the extent to which an ap14 plicant proposes to foster regional collaboration 

15 among and across governments, and with pri16 vate and non-profit organizations, in addressing 

17 vacant and abandoned properties, such as the 

18 establishment of one or more— 

19 (i) regional vacant property reclama20 tion strategies; 

21 (ii) regional land banks to gain public 

22 control of such properties; 

23 (iii) regional real property data sys24 tems; and 


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1 (iv) regional vacant property action 

2 plans that target and coordinate other 

3 Federal, State, local and nonprofit funds 

4 and resources to identified communities 

5 and neighborhoods. 

6 (B) TARGETING FOR SUSTAINABLE URBAN

7 NEIGHBORHOODS AND GREEN INFRASTRUC8 TURE.—The extent to which an applicant pro9 poses to reposition for the future its jurisdiction 

10 or the jurisdictions within a consortium, by tar11 geting resources and investment in clusters of 

12 sustainable urban neighborhoods and by estab13 lishing networks of green infrastructure. 

14 (C) PARTNERING TO IMPLEMENT REGEN15 ERATION PLAN.—The extent to which an appli16 cant proposes to partner with institutions such 

17 as universities, museums, historic preservation 

18 organizations, neighborhood and community or19 ganizations, Federal, State, and local govern20 ments, and other organizations or entities 

21 whose participation would promote the success22 ful implementation of a regeneration plan. 

23 (D) VACANT PROPERTY RECLAMATION.— 

24 The extent to which an applicant proposes to 

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1 novations that foster vacant property reclama2 tion, such as code reforms and performance3 based regulatory approaches. 

4 (E) SEVERITY OF VACANT AND ABAN5 DONED PROPERTY PROBLEMS.—The severity of 

6 the problem of vacant and abandoned property 

7 within an applicant’s or applicants’ jurisdiction 

8 or jurisdictions. 

9 (F) CAPACITY TO IMPLEMENT.—The ca10 pacity of an applicant or applicants to imple11 ment a regeneration plan, including its ability 

12 to demonstrate quantifiable outcomes such as 

13 the potential to enhance property values, im14 prove ecosystems, and benefit public health. 

15 (G) COMMITMENT.—The level of commit16 ment of an applicant or applicants, and any or17 ganizational partners, to the implementation of 

18 a regeneration plan. 

19 (H) POTENTIAL FOR LIVABILITY.—The 

20 potential for a regeneration plan to promote the 

21 overall livability of a jurisdiction or jurisdictions 

22 for current residents. 

23 (i) ACCOUNTABILITY AND REPORTING.— 

24 (1) REQUIRED PERFORMANCE PLAN.—A unit of 

25 general local government, or consortium of such 


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1 units, selected for participation in the demonstration 

2 program under this section may not enter into a co3 operative agreement with the Secretary or receive 

4 any grant under this section unless the unit or con5 sortium has prepared, submitted to the Secretary, 

6 and had approved by the Secretary, a performance 

7 plan for implementing its regeneration plan, which 

8 shall include provisions for public participation and 

9 such other elements as the Secretary may prescribe. 

10 (2) ANNUAL PERFORMANCE AND EVALUATION

11 REPORTS.— 

12 (A) REQUIREMENT.—Each participant in 

13 the demonstration program under this Section 

14 that receives grant amounts under this section 

15 shall submit to the Secretary, in such form and 

16 by such deadlines as the Secretary may require, 

17 an annual performance and evaluation report 

18 concerning the use of funds made available 

19 under this Act, which shall include financial dis20 closure information and any other information 

21 as the Secretary may prescribe. 

22 (B) PUBLIC AVAILABILITY.—Before sub23 mitting an annual performance and evaluation 

24 report to the Secretary, a participant shall be 

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1 ticipant’s jurisdiction or jurisdictions in suffi2 cient time to permit citizens of such jurisdiction 

3 to comment on such report before its submis4 sion, and in such manner and at such times as 

5 the participant may determine. 

6 (3) REVIEWS.—The Secretary shall periodically 

7 make such reviews as may be necessary or appro8 priate to determine the progress of demonstration 

9 program participants in meeting their performance 

10 objectives identified in their performance plan pursu11 ant to paragraph (1) and identified in their reports 

12 pursuant to paragraph (2). 

13 (4) SANCTIONS.— 

14 (A) IN GENERAL.—With respect to assist15 ance made available under this section and sub16 ject to paragraph (3), if the Secretary deter17 mines that a participant in the demonstration 

18 program under this section grantee has sub19 stantially failed to meet its performance objec20 tives and outcomes, the Secretary may deter21 mine that the grantee is no longer in good 

22 standing and may reduce or limit the assistance 

23 under this section to the participant, or take 

24 other action as appropriate in accordance with 

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1 lations issued by the Secretary to carry out this 

2 Act, except that any grant amounts already ex3 pended on eligible activities under this section 

4 shall not be recaptured or deducted from future 

5 assistance to such participant. 

6 (B) REMEDIAL PLANS.—In cases where 

7 the Secretary takes action against a grantee 

8 pursuant to paragraph (1), the grantee shall 

9 submit a remedial plan for approval by the Sec10 retary that outlines the actions the grantee will 

11 take to ensure it meets its performance objec12 tives in the future. 

13 SEC. 4. PLANNING GRANTS AND SUSTAINABILITY DEM14 ONSTRATION PROJECT GRANTS. 

15 (a) AUTHORITY.—To the extent that amounts are 

16 made available in advance in appropriation Acts, the Sec17 retary may make grants to units of general local govern18 ment and consortia of units of general local government 

19 as follows: 

20 (1) PLANNING GRANTS.—Grants under sub21 section (c) for development of regeneration plans. 

22 (2) SUSTAINABILITY DEMONSTRATION PROJECT

23 GRANTS.—Grants under subsection (d) for carrying 

24 out sustainability demonstration projects. 

25 (b) TERMS.— 


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1 (1) AMOUNT.—A grant made under this section 

2 in any fiscal year to any one unit of general local 

3 government or consortium of units of general local 

4 government shall not exceed $250,000. 

5 (2) INELIGIBILITY.—A participant in the dem6 onstration program under section 3 shall not be eli7 gible to receive a grant under this section. 

8 (c) REGENERATION COMMUNITIES PLANNING

9 GRANTS.—A grant under this subsection shall be used to 

10 develop a regeneration plan in accordance with the re11 quirements of section 3(h)(2), except that such amounts 

12 may be used for the purposes listed in section 3(e)(1)(E) 

13 and for providing technical assistance. 

14 (d) SUSTAINABILITY DEMONSTRATION GRANTS.— 

15 (1) COMPETITION.—Grants under this sub16 section shall be made on a competitive basis. 

17 (2) ELIGIBILITY.—Grants under this subsection 

18 shall not be made to units of general local govern19 ment and consortia of such units that are partici20 pants in the demonstration program under section 3. 

21 (3) ELIGIBLE USES.—Amounts from a grant 

22 made under this subsection shall be used for car23 rying out specific short-term demonstration projects 

24 that are in accordance with the sustainability goals 


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1 of this Act, which may include one or more of the 

2 following projects: 

3 (A) Design and creation of interim and 

4 permanent open space and networks of green 

5 infrastructure, low impact development, and 

6 storm water management activities. 

7 (B) Establishment of recovered building 

8 materials, reuse and recycling infrastructure, 

9 facilities, creation of incentives, and technical 

10 support. 

11 (C) Development or expansion of urban ag12 riculture initiatives, including community sup13 ported agriculture and farmers markets. 

14 (D) Development of infrastructure to 

15 produce renewable energy on vacant land, in16 cluding solar energy, wind power, and geo17 thermal power. 

18 (E) Creation of workshops and training for 

19 green collar jobs to support sustainability dem20 onstration projects. 

21 (F) Development of any other innovative, 

22 sustainability projects that would further the 

23 purposes of this Act, as determined by the Sec24 retary. 


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1 (4) MATCHING REQUIREMENT.—A grant under 

2 this subsection may not exceed 4 times the amount 

3 that the grantee certifies to the Secretary are com4 mitted for use for the eligible uses under paragraph 

5 (3) to be carried out by the grantee using grant 

6 amounts. 

7 SEC. 5. FEDERAL INTERAGENCY REGENERATION COMMU8 NITIES COORDINATING COUNCIL. 

9 (a) ESTABLISHMENT.—The Secretary shall convene 

10 a Federal Interagency Regeneration Communities Coordi11 nating Council whose members shall include— 

12 (1) representatives of Federal agencies, includ13 ing designees of the Secretary of Energy, the Sec14 retary of Commerce, the Secretary of Housing and 

15 Urban Development, and the Administrator of the 

16 Environmental Protection Agency; and 

17 (2) representatives of non-Federal entities, such 

18 as academic institution, nonprofit organizations, and 

19 lending institutions. 

20 (b) DUTIES.— 

21 (1) FEDERAL AGENCY SUPPORT PLANS.—The 

22 Council shall develop Federal agency support plans 

23 for communities receiving grants under this Act that 

24 shall include— 


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1 (A) offering technical assistance to grant2 ees under this Act through a network of local 

3 and national vacant property assistance pro4 viders; 

5 (B) assigning staff through intergovern6 mental personnel agreements; 

7 (C) offering guidance and technical assist8 ance to program applicants on leveraging and 

9 coordinating funding from other Federal 

10 sources in regeneration plans, especially assist11 ance provided by the Economic Development 

12 Administration, the Environmental Protection 

13 Agency, and the Department of Housing and 

14 Urban Development, particularly the commu15 nity development block grant program under 

16 title I of the Housing and Community Develop17 ment Act of 1974 (42 U.S.C. 5301 et seq.); and 

18 (D) to the extent feasible, instituting alter19 native performance-based regulatory approaches 

20 and standards. 

21 (2) ALTERNATIVE REGULATORY AP22 PROACHES.—To the extent feasible and appropriate, 

23 the designee of the Secretary of Housing and Urban 

24 Development shall work with the designees of the 

25 other Federal agencies to institute alternative reguVerDate Nov 24 2008 21:45 Feb 11, 2009 Jkt 079200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H932.IH H932

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1 latory approaches and standards by such other Fed2 eral agencies in order to better facilitate the imple3 mentation of regeneration plans. 

4 SEC. 6. DEFINITIONS. 

5 For purposes of this Act, the following definitions 

6 shall apply: 

7 (1) COMPLETE STREETS PRINCIPLES.—The 

8 term ‘‘complete streets principles’’ means transpor9 tation laws, policies, or principles that ensure— 

10 (A) all users of the transportation system, 

11 including pedestrians, bicyclists, and transit 

12 users as well as children, older people, motor13 ists, and those with disabilities, are adequately 

14 accommodated in all phases of project planning 

15 and development; and 

16 (B) that the safety and convenience of all 

17 users are considered in all phases of project 

18 planning and development. 

19 (2) DECONSTRUCTION.—The term 

20 ‘‘deconstruction’’ means the selective dismantlement 

21 of building components for reuse and recycling. 

22 (3) GREEN INFRASTRUCTURE.—The term 

23 ‘‘green infrastructure’’ means the interim and per24 manent reuse of vacant properties for an inter25 connected network of open spaces, trails, and natVerDate Nov 24 2008 21:45 Feb 11, 2009 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H932.IH H932

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1 ural areas, such as greenways, wetlands, parks, for2 est preserves, and native plant vegetation that can 

3 naturally manage stormwater, reduce flooding risks, 

4 improve water quality, and reduce urban heat is5 lands. 

6 (4) LAND BANK.—The term ‘‘land bank’’ 

7 means a governmental, quasi-governmental, or non8 profit entity established, at least in part, to assemble 

9 and manage surplus property for eventual conversion 

10 to productive use, or for holding for other strategic 

11 long-term purposes. 

12 (5) NEW URBANISM.—The term ‘‘new urban13 ism’’ means neighborhood design that incorporates 

14 concepts that promote community function, environ15 mental balance, social integration, pedestrian-friend16 ly streets, and dense development, among other 

17 things, in order to encourage a sense of community 

18 among neighborhood residents. 

19 (6) PARTICIPANT.—The term ‘‘participant’’ 

20 means a unit of general local government, or a con21 sortium of units of general local government, that 

22 has— 

23 (A) been selected for participation in the 

24 demonstration program under section 3; and 


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1 (B) entered into a cooperative agreement 

2 with the Secretary pursuant to section 3(c). 

3 (7) PERFORMANCE-BASED REGULATION.—The 

4 term ‘‘performance-based regulation’’ means regula5 tion focused on results or outcomes of performance, 

6 rather than a prescriptive process, technique, or pro7 cedure. 

8 (8) REGIONAL LAND BANK.—The term ‘‘re9 gional land bank’’ means a land bank controlled by 

10 an entity comprising of, or representing more than, 

11 one unit of general local government. 

12 (9) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Housing and Urban Development. 

14 (10) SMART GROWTH.—The term ‘‘smart 

15 growth’’ means concentrating resources and new de16 velopment in areas in or near existing urban and 

17 neighborhood centers served by public transportation 

18 and other existing infrastructure. 

19 (11) SUSTAINABILITY PROJECT.—The term 

20 ‘‘sustainability project’’ means a program or project 

21 that integrates innovative ways to conserve re22 sources, reduce harmful emissions, protect public 

23 health, enhance the natural and built environments, 

24 and facilitate social equity. 


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1 (12) UNIT OF GENERAL LOCAL GOVERN2 MENT.—The term ‘‘unit of general local govern3 ment’’ has the meaning given such term in section 

4 102 of the Housing and Community Development 

5 Act of 1974 (42 U.S.C. 5302). 

6 (13) VACANT AND ABANDONED PROPERTY.— 

7 The term ‘‘vacant and abandoned property’’ means 

8 any residential, commercial, or industrial property 

9 (including structures, the underlying site, and vacant 

10 lots) that has not been legally occupied for six 

11 months or longer, and exhibits one or both of the 

12 following conditions or circumstances: 

13 (A) The site presents a threat to public 

14 safety or constitutes a public nuisance, as de15 fined by State and local law. 

16 (B) The owners, managers, or any other 

17 responsible party, have neglected the funda18 mental duties of property ownership including 

19 failure to pay taxes or utility bills, or have de20 faulted on mortgages. 

21 SEC. 7. REGULATIONS, IMPLEMENTATION, AND CITIZEN 

22 PARTICIPATION. 

23 (a) REGULATIONS.—Not later than 180 days after 

24 the date of the enactment of this Act, the Secretary shall 

25 issue regulations necessary to carry out this Act. 


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1 (b) NOTICE OF FUNDING AVAILABILITY.—Not later 

2 than 30 days after publishing a final regulation to imple3 ment this Act, the Secretary shall publish a notice of fund4 ing availability in the Federal Register stating that funds 

5 are available to units of general local government and con6 sortia of units of general local government in accordance 

7 with the provisions of this Act. 

8 (c) USE OF PERFORMANCE-BASED REGULATORY

9 CONCEPTS.—To the extent feasible, the Secretary shall 

10 employ performance-based regulatory concepts in promul11 gating regulations under this section. 

12 SEC. 8. AUTHORIZATIONS OF APPROPRIATIONS. 

13 (a) REGENERATION COMMUNITIES IMPLEMENTA14 TION GRANTS.—For grants under section 3(d), there is 

15 authorized to be appropriated $100,000,000 for each of 

16 fiscal years 2010, 2011, and 2012. 

17 (b) PLANNING GRANTS AND SUSTAINABILITY DEM18 ONSTRATION PROJECT GRANTS.—There is authorized to 

19 be appropriated for planning grants under section 4(c) 

20 and for sustainability demonstration project grants under 

21 section 4(d)— 

22 (1) $25,000,000 for fiscal year 2010; and 

23 (2) $12,500,000 for each of fiscal years 2011 

24 and 2012. 


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1 (c) FEDERAL INTERAGENCY REGENERATION COM2 MUNITIES COORDINATING COUNCIL.—For costs associ3 ated with the establishment and operation of the Federal 

4 Interagency Regeneration Communities Coordinating 

5 Council under section 5, and technical and staff assistance 

6 under section 5(b), there is authorized to be appropriated 

7 $24,000,000 for each of fiscal years 2010, 2011, and 

8 2012. 

Æ 


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