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(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $3,500,000 for each of 
fiscal years 2010 through 2014 to carry out this section.
The Secretary may enter into a cooperative agreement, in-
cluding grant funding, with an industry association and 
union working collaboratively and having expertise on the 
installation, maintenance, measure of efficiencies and 
standards, and certification of mechanical insulation in 
buildings and facilities. 
(e) TERMINATION
OF AUTHORITY.—The program 
carried out under this section shall terminate on December 
31, 2014. 
SEC. 276. SENSE OF CONGRESS. 
It is the sense of Congress that the United States 
should— 
(1) continue to actively promote, within the 
International Civil Aviation Organization, the devel-
opment of a global framework for the regulation of 
greenhouse gas emissions from civil aircraft that rec-
ognizes the uniquely international nature of the in-
dustry and treats commercial aviation industries in 
all countries fairly; and 
(2) work with foreign governments towards a 
global agreement that reconciles foreign carbon 
emissions reduction programs to minimize duplica-
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tive requirements and avoids unnecessary complica-
tion for the aviation industry, while still achieving 
the environmental goals. 
Subtitle H—Green Resources for 
Energy Efficient Neighborhoods 
SEC. 281. SHORT TITLE. 
This subtitle may be cited as the ‘‘Green Resources 
for Energy Efficient Neighborhoods Act of 2009’’ or the 
‘‘GREEN Act of 2009’’. 
SEC. 282. DEFINITIONS. 
For purposes of this subtitle, the following definitions 
shall apply: 
(1) GREEN BUILDING STANDARDS.—The term 
‘‘green building standards’’ means standards to re-
quire use of sustainable design principles to reduce 
the use of nonrenewable resources, encourage en-
ergy-efficient construction and rehabilitation and the 
use of renewable energy resources, minimize the im-
pact of development on the environment, and im-
prove indoor air quality. 
(2) HUD.—The term ‘‘HUD’’ means the De-
partment of Housing and Urban Development. 
(3) HUD ASSISTANCE.—The term ‘‘HUD as-
sistance’’ means financial assistance that is awarded, 
competitively or noncompetitively, allocated by for-
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mula, or provided by HUD through loan insurance 
or guarantee. 
(4) NONRESIDENTIAL STRUCTURE.—The term 
‘‘nonresidential structures’’ means only nonresiden-
tial structures that are appurtenant to single-family 
or multifamily housing residential structures, or 
those that are funded by the Secretary of Housing 
and Urban Development through the HUD Commu-
nity Development Block Grant program. 
(5) SECRETARY.—The term ‘‘Secretary’’, unless 
otherwise specified, means the Secretary of Housing 
and Urban Development. 
SEC. 283. IMPLEMENTATION OF ENERGY EFFICIENCY PAR-
TICIPATION 
INCENTIVES 
FOR 
HUD 
PRO-
GRAMS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary shall issue 
such regulations as may be necessary to establish annual 
energy efficiency participation incentives to encourage par-
ticipants in programs administered by the Secretary, in-
cluding recipients under programs for which HUD assist-
ance is provided, to achieve substantial improvements in 
energy efficiency. 
(b) 
REQUIREMENT
FOR
APPROPRIATION
OF 
FUNDS.—The requirement under subsection (a) for the 
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Secretary to provide annual energy efficiency participation 
incentives pursuant to the provisions of this subtitle shall 
be subject to the annual appropriation of necessary funds. 
SEC. 284. BASIC HUD ENERGY EFFICIENCY STANDARDS 
AND STANDARDS FOR ADDITIONAL CREDIT. 
(a) BASIC HUD STANDARD.— 
(1) RESIDENTIAL STRUCTURES.—A residential 
single-family or multifamily structure shall be con-
sidered to comply with the energy efficiency stand-
ards under this subsection if— 
(A) the structure complies with an energy 
efficiency building code that has been certified 
as in compliance with section 304 of the Energy 
Conservation and Production Act (42 U.S.C. 
6833) as amended by section 201 of this Act, 
or a national energy efficiency building code 
adopted pursuant to that section; 
(B) the structure complies with the appli-
cable provisions of the American Society of 
Heating, Refrigerating, and Air-Conditioning 
Engineers Standard 90.1–2007, as such stand-
ard or successor standard is in effect for pur-
poses of this section pursuant subsection (c); 
(C) the structure complies with the appli-
cable provisions of the 2009 International En-
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ergy Conservation Code, as such standard or 
successor standard is in effect for purposes of 
this section pursuant subsection (c); 
(D) in the case only of an existing struc-
ture, where determined cost effective, the struc-
ture has undergone rehabilitation or improve-
ments, completed after the date of the enact-
ment of this Act, and the energy consumption 
for the structure has been reduced by at least 
20 percent from the previous level of consump-
tion, as determined in accordance with energy 
audits performed both before and after any re-
habilitation or improvements undertaken to re-
duce such consumption; or 
(E) the structure complies with the appli-
cable provisions of such other energy efficiency 
requirements, standards, checklists, or ratings 
systems as the Secretary may adopt and apply 
by regulation, as may be necessary, for pur-
poses of this section for specific types of resi-
dential single-family or multifamily structures 
or otherwise, except that the Secretary shall 
make a determination regarding whether to 
adopt and apply any such requirements, stand-
ards, checklists, or rating system for purposes 
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of this section not later than the expiration of 
the 180-day period beginning upon the date of 
receipt of any written request, made in such 
form as the Secretary shall provide, for such 
adoption and application. 
In addition to compliance with any of subparagraphs 
(A) through (E), the Secretary shall by regulation 
require, for any newly constructed residential single- 
family or multifamily structure to be considered to 
comply with the energy efficiency standards under 
this subsection, that the structure have appropriate 
electrical outlets with the facility and capacity to re-
charge a standard electric passenger vehicle, includ-
ing an electric hybrid vehicle, where such vehicle 
would normally be parked. 
(2) NONRESIDENTIAL STRUCTURES.—For pur-
poses of this section, the Secretary shall identify and 
adopt by regulation, as may be necessary, energy ef-
ficiency requirements, standards, checklists, or rat-
ing systems applicable to nonresidential structures 
that are constructed or rehabilitated with HUD as-
sistance. A nonresidential structure shall be consid-
ered to comply with the energy efficiency standards 
under this subsection if the structure complies with 
the applicable provisions of any such energy effi-
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ciency requirements, standards, checklist, or rating 
systems identified and adopted by the Secretary pur-
suant to this paragraph, as such standards are in ef-
fect for purposes of this section pursuant to sub-
section (c). 
(3) EFFECT.—Nothing in this subsection may 
be construed to require any structure to comply with 
any standard established or adopted pursuant to this 
subsection, or identified in this subsection, or to pro-
vide any benefit or credit under any Federal pro-
gram for any structure that complies with any such 
standard, except to the extent that— 
(A) any provision of law other than this 
subsection provides a benefit or credit under a 
Federal program for compliance with a stand-
ard established or adopted pursuant to this sub-
section, or identified in this subsection; or 
(B) the Secretary specifically provides pur-
suant to subsection (c) for the applicability of 
such standard. 
(b) ENHANCED ENERGY EFFICIENCY STANDARDS 
FOR PURPOSES
OF PROVIDING ADDITIONAL CREDIT 
UNDER CERTAIN FEDERALLY ASSISTED HOUSING PRO-
GRAMS.— 
(1) PURPOSE AND EFFECT.— 
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(A) PURPOSE.—The purpose of this sub-
section is to establish energy efficiency and con-
servation standards and green building stand-
ards that— 
(i) provide for greater energy effi-
ciency and conservation in structures than 
is required for compliance with the energy 
efficiency standards under subsection (a) 
and then in effect; 
(ii) provide for green and sustainable 
building standards not required by such 
standards; and 
(iii) can be used in connection with 
Federal housing, housing finance, and de-
velopment programs to provide incentives 
for greater energy efficiency and conserva-
tion and for green and sustainable building 
methods, elements, practices, and mate-
rials. 
(B) EFFECT.—Nothing in this subsection 
may be construed to require any structure to 
comply with any standard established pursuant 
to this subsection or to provide any benefit or 
credit under any Federal program for any 
structure, except to the extent that any provi-
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sion of law other than this subsection provides 
a benefit or credit under a Federal program for 
compliance with a standard established pursu-
ant to this subsection. 
(2) COMPLIANCE.—A residential or nonresiden-
tial structure shall be considered to comply with the 
enhanced energy efficiency and conservation stand-
ards or the green building standards under this sub-
section, to the extent that such structure complies 
with the applicable provisions of the standards under 
paragraph (3) or (4), respectively (as such standards 
are in effect for purposes of this section, pursuant 
to paragraph (7)), in a manner that is not required 
for compliance with the energy efficiency standards 
under subsection (a) then in effect and subject to 
the Secretary’s determination of which standards are 
applicable to which structures. 
(3) ENERGY EFFICIENCY AND CONSERVATION 
STANDARDS.—The energy efficiency and conserva-
tion standards under this paragraph are as follows: 
(A) RESIDENTIAL STRUCTURES.—With re-
spect to residential structures: 
(i) NEW
CONSTRUCTION.—For new 
construction, the Energy Star standards 
established by the Environmental Protec-
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tion Agency, as such standards are in ef-
fect for purposes of this subsection pursu-
ant to paragraph (7); 
(ii) EXISTING STRUCTURES.—For ex-
isting structures, a reduction in energy 
consumption from the previous level of 
consumption for the structure, as deter-
mined in accordance with energy audits 
performed both before and after any reha-
bilitation or improvements undertaken to 
reduce such consumption, that exceeds the 
reduction necessary for compliance with 
the energy efficiency standards under sub-
section (a) then in effect and applicable to 
existing structures. 
(B) 
NONRESIDENTIAL
STRUCTURES.— 
With respect to nonresidential structures, such 
energy efficiency and conservation require-
ments, standards, checklists, or rating systems 
for nonresidential structures as the Secretary 
shall identify and adopt by regulation, as may 
be necessary, for purposes of this paragraph. 
(4) GREEN BUILDING STANDARDS.—The green 
building standards under this paragraph are as fol-
lows: 
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(A) The national Green Communities cri-
teria checklist for residential construction that 
provides criteria for the design, development, 
and operation of affordable housing, as such 
checklist or successor checklist is in effect for 
purposes of this section pursuant to paragraph 
(7). 
(B) The gold certification level for the 
LEED for New Construction rating system, the 
LEED for Homes rating system, the LEED for 
Core and Shell rating system, as applicable, as 
such systems or successor systems are in effect 
for purposes of this section pursuant to para-
graph (7). 
(C) The Green Globes assessment and rat-
ing system of the Green Buildings Initiative. 
(D) For manufactured housing, energy 
star rating with respect to fixtures, appliances, 
and equipment in such housing, as such stand-
ard or successor standard is in effect for pur-
poses of this section pursuant to paragraph (7). 
(E) The National Green Building Stand-
ard. 
(F) Any other requirements, standards, 
checklists, or rating systems for green building 
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or sustainability as the Secretary may identify 
and adopt by regulation, as may be necessary 
for purposes of this paragraph, except that the 
Secretary shall make a determination regarding 
whether to adopt and apply any such require-
ments, standards, checklist, or rating system 
for purposes of this section not later than the 
expiration of the 180-day period beginning upon 
date of receipt of any written request, made in 
such form as the Secretary shall provide, for 
such adoption and application. 
(5) GREEN BUILDING.—For purposes of this 
subsection, the term ‘‘green building’’ means, with 
respect to standards for structures, standards to re-
quire use of sustainable design principles to reduce 
the use of nonrenewable resources, minimize the im-
pact of development on the environment, and to im-
prove indoor air quality. 
(6) ENERGY AUDITS.—The Secretary shall es-
tablish standards and requirements for energy au-
dits for purposes of paragraph (3)(A)(ii) and, in es-
tablishing such standards, may consult with any ad-
visory committees established pursuant to section 
285(c)(2) of this subtitle. 
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(7) APPLICABILITY AND UPDATING OF STAND-
ARDS.— 
(A) APPLICABILITY.—Except as provided 
in subparagraph (B), the requirements, stand-
ards, checklists, and rating systems referred to 
in this subsection that are in effect for purposes 
of this subsection are such requirements, stand-
ards, checklists, and systems are as in existence 
upon the date of the enactment of this Act. 
(B) UPDATING.—For purposes of this sec-
tion, the Secretary may adopt and apply by reg-
ulation, as may be necessary, future amend-
ments and supplements to, and editions of, the 
requirements, standards, checklists, and rating 
systems referred to in this subsection, including 
applicable energy efficiency building codes that 
are certified as in compliance with section 304 
of the Energy Conservation and Production Act 
(42 U.S.C. 6833) as amended by section 201 of 
this Act, or national energy efficiency building 
codes adopted pursuant to that section. 
(c) AUTHORITY OF SECRETARY TO APPLY STAND-
ARDS
TO FEDERALLY ASSISTED HOUSING
AND PRO-
GRAMS.— 
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(1) HUD HOUSING AND PROGRAMS.—The Sec-
retary of Housing and Urban Development may, by 
regulation, provide for the applicability of the energy 
efficiency standards under subsection (a) or the en-
hanced energy efficiency and conservation standards 
and green building standards under subsection (b), 
or both, with respect to any covered federally as-
sisted housing described in paragraph (3)(A) or any 
HUD assistance, subject to minimum Federal codes 
or standards then in effect. 
(2) RURAL HOUSING.—The Secretary of Agri-
culture may, by regulation, provide for the applica-
bility of the energy efficiency standards under sub-
section (a) or the enhanced energy efficiency and 
conservation standards and green building standards 
under subsection (b), or both, with respect to any 
covered federally assisted housing described in para-
graph (3)(B) or any assistance provided with respect 
to rural housing by the Rural Housing Service of the 
Department of Agriculture, subject to minimum 
Federal codes or standards then in effect. 
(3) COVERED
FEDERALLY
ASSISTED
HOUS-
ING.—For purposes of this subsection, the term 
‘‘covered federally assisted housing’’ means— 
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(A) any residential or nonresidential struc-
ture for which any HUD assistance is provided; 
and 
(B) any new construction of single-family 
housing (other than manufactured homes) sub-
ject to mortgages insured, guaranteed, or made 
by the Secretary of Agriculture under title V of 
the Housing Act of 1949 (42 U.S.C. 1471 et 
seq.). 
SEC. 285. ENERGY EFFICIENCY AND CONSERVATION DEM-
ONSTRATION PROGRAM FOR MULTIFAMILY 
HOUSING 
PROJECTS 
ASSISTED 
WITH 
PROJECT-BASED RENTAL ASSISTANCE. 
(a) AUTHORITY.—For multifamily housing projects 
for which project-based rental assistance is provided under 
a covered multifamily assistance program, the Secretary 
shall, subject to the availability of amounts provided in 
advance in appropriation Acts, carry out a program to 
demonstrate the effectiveness of funding a portion of the 
costs of meeting the enhanced energy efficiency standards 
under section 284(b). At the discretion of the Secretary, 
the demonstration program may include incentives for 
housing that is assisted with Indian housing block grants 
provided pursuant to the Native American Housing Assist-
ance and Self-Determination Act of 1996, but only to the 
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extent that such inclusion does not violate such Act, its 
regulations, and the goal of such Act of tribal self-deter-
mination. 
(b) GOALS.—The demonstration program under this 
section shall be carried out in a manner that— 
(1) protects the financial interests of the Fed-
eral Government; 
(2) reduces the proportion of funds provided by 
the Federal Government and by owners and resi-
dents of multifamily housing projects that are used 
for costs of utilities for the projects; 
(3) encourages energy efficiency and conserva-
tion by owners and residents of multifamily housing 
projects and installation of renewable energy im-
provements, such as improvements providing for use 
of solar, wind, geothermal, or biomass energy 
sources; 
(4) creates incentives for project owners to 
carry out such energy efficiency renovations and im-
provements by allowing a portion of the savings in 
operating costs resulting from such renovations and 
improvements to be retained by the project owner, 
notwithstanding otherwise applicable limitations on 
dividends; 
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(5) promotes the installation, in existing resi-
dential buildings, of energy-efficient and cost-effec-
tive improvements and renewable energy improve-
ments, such as improvements providing for use of 
solar, wind, geothermal, or biomass energy sources; 
(6) tests the efficacy of a variety of energy effi-
ciency measures for multifamily housing projects of 
various sizes and in various geographic locations; 
(7) tests methods for addressing the various, 
and often competing, incentives that impede owners 
and residents of multifamily housing projects from 
working together to achieve energy efficiency or con-
servation; and 
(8) creates a database of energy efficiency and 
conservation, and renewable energy, techniques, en-
ergy-savings management practices, and energy effi-
ciency and conservation financing vehicles. 
(c) APPROACHES.—In carrying out the demonstra-
tion program under this section, the Secretary may— 
(1) enter into agreements with the Building 
America Program of the Department of Energy and 
other consensus committees under which such pro-
grams, partnerships, or committees assume some or 
all of the functions, obligations, and benefits of the 
Secretary with respect to energy savings; 
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(2) establish advisory committees to advise the 
Secretary and any such third-party partners on tech-
nological and other developments in the area of en-
ergy efficiency and the creation of an energy effi-
ciency and conservation credit facility and other fi-
nancing opportunities, which committees shall in-
clude representatives of homebuilders, realtors, ar-
chitects, nonprofit housing organizations, environ-
mental protection organizations, renewable energy 
organizations, and advocacy organizations for the el-
derly and persons with disabilities; any advisory 
committees established pursuant to this paragraph 
shall not be subject to the Federal Advisory Com-
mittee Act (5 U.S.C. App.); 
(3) approve, for a period not to exceed 10 
years, additional adjustments in the maximum 
monthly rents or additional project rental assistance, 
or additional Indian housing block grant funds 
under the Native American Housing Assistance and 
Self-Determination Act of 1996, as applicable, for 
dwelling units in multifamily housing projects that 
are provided project-based rental assistance under a 
covered multifamily assistance program, in such 
amounts as may be necessary to amortize a portion 
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of the cost of energy efficiency and conservation 
measures for such projects; 
(4) develop a competitive process for the award 
of such additional assistance for multifamily housing 
projects seeking to implement energy efficiency, re-
newable energy sources, or conservation measures; 
and 
(5) waive or modify any existing statutory or 
regulatory provision that would otherwise impair the 
implementation or effectiveness of the demonstration 
program under this section, including provisions re-
lating to methods for rent adjustments, com-
parability standards, maximum rent schedules, and 
utility allowances; notwithstanding the preceding 
provisions of this paragraph, the Secretary may not 
waive any statutory requirement relating to fair 
housing, nondiscrimination, labor standards, or the 
environment, except pursuant to existing authority 
to waive nonstatutory environmental and other ap-
plicable requirements. 
(d) REQUIREMENT.—During the 4-year period begin-
ning 12 months after the date of the enactment of this 
Act, the Secretary shall carry out demonstration programs 
under this section with respect to not fewer than 50,000 
dwelling units. 
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(e) SELECTION.— 
(1) SCOPE.—In order to provide a broad and 
representative profile for use in designing a program 
which can become operational and effective nation-
wide, the Secretary shall carry out the demonstra-
tion program under this section with respect to 
dwelling units located in a wide variety of geographic 
areas and project types assisted by the various cov-
ered multifamily assistance programs and using a 
variety of energy efficiency and conservation and 
funding techniques to reflect differences in climate, 
types of dwelling units and technical and scientific 
methodologies, and financing options. The Secretary 
shall ensure that the geographic areas included in 
the demonstration program include dwelling units on 
Indian lands (as such term is defined in section 
2601 of the Energy Policy Act of 1992 (25 U.S.C. 
3501), to the extent that dwelling units on Indian 
land have the type of residential structures that are 
the focus of the demonstration program. 
(2) PRIORITY.—The Secretary shall provide pri-
ority for selection for participation in the program 
under this section based on the extent to which, as 
a result of assistance provided, the project will com-
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ply with the energy efficiency standards under sub-
section (a), (b), or (c) of section 284 of this subtitle. 
(f) USE OF EXISTING PARTNERSHIPS.—To the ex-
tent feasible, the Secretary shall— 
(1) utilize the Partnership for Advancing Tech-
nology in Housing of the Department of Housing 
and Urban Development to assist in carrying out the 
requirements of this section and to provide education 
and outreach regarding the demonstration program 
authorized under this section; and 
(2) consult with the Secretary of Energy, the 
Administrator of the Environmental Protection 
Agency, and the Secretary of the Army regarding 
utilizing the Building America Program of the De-
partment of Energy, the Energy Star Program, and 
the Army Corps of Engineers, respectively, to deter-
mine the manner in which they might assist in car-
rying out the goals of this section and providing edu-
cation and outreach regarding the demonstration 
program authorized under this section. 
(g) LIMITATION.—No amounts made available under 
the American Recovery and Reinvestment Act of 2009 
(Public Law 111–5) may be used to carry out the dem-
onstration program under this section. 
(h) REPORTS.— 
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(1) ANNUAL.—Not later than the expiration of 
the 2-year beginning upon the date of the enactment 
of this Act, and for each year thereafter during the 
term of the demonstration program, the Secretary 
shall submit a report to the Congress annually that 
describes and assesses the demonstration program 
under this section. 
(2) FINAL.—Not later than 6 months after the 
expiration of the 4-year period described in sub-
section (d), the Secretary shall submit a final report 
to the Congress assessing the demonstration pro-
gram, which— 
(A) shall assess the potential for expanding 
the demonstration program on a nationwide 
basis; and 
(B) shall include descriptions of— 
(i) the size of each multifamily hous-
ing project for which assistance was pro-
vided under the program; 
(ii) the geographic location of each 
project assisted, by State and region; 
(iii) the criteria used to select the 
projects for which assistance is provided 
under the program; 
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(iv) the energy efficiency and con-
servation measures and financing sources 
used for each project that is assisted under 
the program; 
(v) the difference, before and during 
participation in the demonstration pro-
gram, in the amount of the monthly assist-
ance payments under the covered multi-
family assistance program for each project 
assisted under the program; 
(vi) the average length of the term of 
the such assistance provided under the 
program for a project; 
(vii) the aggregate amount of savings 
generated by the demonstration program 
and the amount of savings expected to be 
generated by the program over time on a 
per-unit and aggregate program basis; 
(viii) the functions performed in con-
nection with the implementation of the 
demonstration program that were trans-
ferred or contracted out to any third par-
ties; 
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(ix) an evaluation of the overall suc-
cesses and failures of the demonstration 
program; and 
(x) recommendations for any actions 
to be taken as a result of the such suc-
cesses and failures. 
(3) CONTENTS.—Each annual report pursuant 
to paragraph (1) and the final report pursuant to 
paragraph (2) shall include— 
(A) a description of the status of each mul-
tifamily housing project selected for participa-
tion in the demonstration program under this 
section; and 
(B) findings from the program and rec-
ommendations for any legislative actions. 
(i) COVERED
MULTIFAMILY
ASSISTANCE
PRO-
GRAM.—For purposes of this section, the term ‘‘covered 
multifamily assistance program’’ means— 
(1) the program under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f) for 
project-based rental assistance; 
(2) the program under section 202 of the Hous-
ing Act of 1959 (12 U.S.C. 1701q) for assistance 
for supportive housing for the elderly; 
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(3) the program under section 811 of the Cran-
ston-Gonzalez National Affordable Housing Act (42 
U.S.C. 8013) for supportive housing for persons 
with disabilities; 
(4) the program under section 236 of the Na-
tional Housing Act (12 U.S.C. 1715z–1 for assist-
ance for rental housing projects; 
(5) the program under section 515 of the Hous-
ing Act of 1949 (42 U.S.C. 1485) for rural rental 
housing; and 
(6) the program for assistance under the Native 
American Housing Assistance and Self-Determina-
tion Act of 1996 (25 U.S.C. 4111). 
(j) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section, 
including providing rent adjustments, additional project 
rental assistance, and incentives, $50,000,000 for each fis-
cal year in which the demonstration program under this 
section is carried out. 
(k) REGULATIONS.—Not later than the expiration of 
the 180-day period beginning on the date of the enactment 
of this Act, the Secretary shall issue any regulations nec-
essary to carry out this section. 
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SEC. 286. ADDITIONAL CREDIT FOR FANNIE MAE AND 
FREDDIE MAC HOUSING GOALS FOR ENERGY- 
EFFICIENT AND LOCATION-EFFICIENT MORT-
GAGES. 
Section 1336(a) of the Housing and Community De-
velopment Act of 1992 (12 U.S.C. 4566(a)), as amended 
by the Federal Housing Finance Regulatory Reform Act 
of 2008 (Public Law 110–289; 122 Stat. 2654), is amend-
ed— 
(1) in paragraph (2), by striking ‘‘paragraph 
(5)’’ and inserting ‘‘paragraphs (5) and (6)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(6) ADDITIONAL CREDIT.— 
‘‘(A) IN GENERAL.—In assigning credit to-
ward achievement under this section of the 
housing goals for mortgage purchase activities 
of the enterprises, the Director shall assign— 
‘‘(i) more than 125 percent credit, for 
any such purchase that both— 
‘‘(I) complies with the require-
ments of such goals; and 
‘‘(II)(aa) supports housing that 
meets the energy efficiency standards 
under section 284(a) of the Green Re-
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sources for Energy Efficient Neigh-
borhoods Act of 2009; or 
‘‘(bb) is a location-efficient mort-
gage, as such term is defined in sec-
tion 1335(e); and 
‘‘(ii) credit in addition to credit under 
clause (i), for any such purchase that 
both— 
‘‘(I) complies with the require-
ments of such goals, and 
‘‘(II) supports housing that com-
plies with the enhanced energy effi-
ciency and conservation standards, or 
the green building standards, under 
section 284(b) of such Act, or both, 
and such additional credit shall be given 
based on the extent to which the housing 
supported with such purchases complies 
with such standards. 
‘‘(B) TREATMENT OF ADDITIONAL CRED-
IT.—The availability of additional credit under 
this paragraph shall not be used to increase any 
housing goal, subgoal, or target established 
under this subpart.’’. 
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SEC. 287. DUTY TO SERVE UNDERSERVED MARKETS FOR 
ENERGY-EFFICIENT 
AND 
LOCATION-EFFI-
CIENT MORTGAGES. 
Section 1335 of Federal Housing Enterprises Finan-
cial Safety and Soundness Act of 1992 (12 U.S.C. 4565), 
as amended by the Federal Housing Finance Regulatory 
Reform Act of 2008 (Public Law 110–289; 122 Stat. 
2654), is amended— 
(1) in subsection (a)(1), by adding at the end 
the following new subparagraph: 
‘‘(D) MARKETS
FOR
ENERGY-EFFICIENT 
AND LOCATION-EFFICIENT MORTGAGES.— 
‘‘(i) DUTY.—Subject to clause (ii), the 
enterprise shall develop loan products and 
flexible underwriting guidelines to facilitate 
a secondary market for energy-efficient 
and location-efficient mortgages on hous-
ing for very low-, low-, and moderate-in-
come families, and for second and junior 
mortgages made for purposes of energy ef-
ficiency or renewable energy improvements, 
or both. 
‘‘(ii) AUTHORITY TO SUSPEND.—Not-
withstanding any other provision of this 
section, the Director may suspend the ap-
plicability of the requirement under clause 
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(i) with respect to an enterprise, for such 
period as is necessary, if the Director de-
termines that exigent circumstances exist 
and such suspension is appropriate to en-
sure the safety and soundness of the port-
folio holdings of the enterprise.’’; 
(2) by adding at the end the following new sub-
section: 
‘‘(e) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
‘‘(1) 
ENERGY-EFFICIENT
MORTGAGE.—The 
term ‘energy-efficient mortgage’ means a mortgage 
loan under which the income of the borrower, for 
purposes of qualification for such loan, is considered 
to be increased by not less than $1 for each $1 of 
savings projected to be realized by the borrower as 
a result of cost-effective energy-saving design, con-
struction or improvements (including use of renew-
able energy sources, such as solar, geothermal, bio-
mass, and wind, super-insulation, energy-saving win-
dows, insulating glass and film, and radiant barrier) 
for the home for which the loan is made. 
‘‘(2) LOCATION-EFFICIENT
MORTGAGE.—The 
term ‘location-efficient mortgage’ means a mortgage 
loan under which— 
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‘‘(A) the income of the borrower, for pur-
poses of qualification for such loan, is consid-
ered to be increased by not less than $1 for 
each $1 of savings projected to be realized by 
the borrower because the location of the home 
for which loan is made will result in decreased 
transportation costs for the household of the 
borrower; or 
‘‘(B) the sum of the principal, interest, 
taxes, and insurance due under the mortgage 
loan is decreased by not less than $1 for each 
$1 of savings projected to be realized by the 
borrower because the location of the home for 
which loan is made will result in decreased 
transportation costs for the household of the 
borrower.’’. 
SEC. 288. CONSIDERATION OF ENERGY EFFICIENCY UNDER 
FHA MORTGAGE INSURANCE PROGRAMS AND 
NATIVE AMERICAN AND NATIVE HAWAIIAN 
LOAN GUARANTEE PROGRAMS. 
(a) FHA MORTGAGE INSURANCE.— 
(1) REQUIREMENT.—Title V of the National 
Housing Act is amended by adding after section 542 
(12 U.S.C. 1735f–20) the following new section: 
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‘‘SEC. 543. CONSIDERATION OF ENERGY EFFICIENCY. 
‘‘(a) UNDERWRITING STANDARDS.—The Secretary 
shall establish a method to consider, in its underwriting 
standards for mortgages on single-family housing meeting 
the energy efficiency standards under section 284(a) of 
the Green Resources for Energy Efficient Neighborhoods 
Act of 2009 that are insured under this Act, the impact 
that savings on utility costs has on the income of the mort-
gagor. 
‘‘(b) GOAL.—It is the sense of the Congress that, in 
carrying out this Act, the Secretary should endeavor to 
insure mortgages on single-family housing meeting the en-
ergy efficiency standards under section 284(a) of the 
Green Resources for Energy Efficient Neighborhoods Act 
of 2009 such that at least 50,000 such mortgages are in-
sured during the period beginning upon the date of the 
enactment of such Act and ending on December 31, 
2012.’’. 
(2) REPORTING ON DEFAULTS.—Section 540(b) 
of the National Housing Act (12 U.S.C. 1735f– 
18(b)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(3) With respect to each collection period that 
commences after December 31, 2011, the total num-
ber of mortgages on single-family housing meeting 
the energy efficiency standards under section 284(a) 
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of the Green Resources for Energy Efficient Neigh-
borhoods Act of 2009 that are insured by the Sec-
retary during the applicable collection period, the 
number of defaults and foreclosures occurring on 
such mortgages during such period, the percentage 
of the total of such mortgages insured during such 
period on which defaults and foreclosure occurred, 
and the rate for such period of defaults and fore-
closures on such mortgages compared to the overall 
rate for such period of defaults and foreclosures on 
mortgages for single-family housing insured under 
this Act by the Secretary.’’. 
(b) INDIAN HOUSING LOAN GUARANTEES.— 
(1) REQUIREMENT.—Section 184 of the Hous-
ing and Community Development Act of 1992 (12 
U.S.C. 1715z–13a) is amended— 
(A) by redesignating subsection (l) as sub-
section (m); and 
(B) by inserting after subsection (k) the 
following new subsection: 
‘‘(l) CONSIDERATION OF ENERGY EFFICIENCY.—The 
Secretary shall establish a method to consider, in its un-
derwriting standards for loans for single-family housing 
meeting the energy efficiency standards under section 
284(a) of the Green Resources for Energy Efficient 
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Neighborhoods Act of 2009 that are guaranteed under 
this section, the impact that savings on utility costs has 
on the income of the borrower.’’. 
(2) REPORTING ON DEFAULTS.—Section 540(b) 
of the National Housing Act (12 U.S.C. 1735f– 
18(b)), as amended by subsection (a)(2) of this sec-
tion, is further amended by adding at the end the 
following new paragraph: 
‘‘(4) With respect to each collection period that 
commences after December 31, 2011, the total num-
ber of loans guaranteed under section 184 of the 
Housing and Community Development Act of 1992 
(12 U.S.C. 1715z–13a) on single-family housing 
meeting the energy efficiency standards under sec-
tion 284(a) of the Green Resources for Energy Effi-
cient Neighborhoods Act of 2009 that are guaran-
teed by the Secretary during the applicable collection 
period, the number of defaults and foreclosures oc-
curring on such loans during such period, the per-
centage of the total of such loans guaranteed during 
such period on which defaults and foreclosure oc-
curred, and the rate for such period of defaults and 
foreclosures on such loans compared to the overall 
rate for such period of defaults and foreclosures on 
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loans for single-family housing guaranteed under 
such section 184 by the Secretary.’’. 
(c) NATIVE HAWAIIAN HOUSING LOAN GUARAN-
TEES.— 
(1) REQUIREMENT.—Section 184A of the 
Housing and Community Development Act of 1992 
(12 U.S.C. 1715z–13b) is amended by inserting 
after subsection (l) the following new subsection: 
‘‘(m) 
ENERGY-EFFICIENT
HOUSING
REQUIRE-
MENT.—The Secretary shall establish a method to con-
sider, in its underwriting standards for loans for single- 
family housing meeting the energy efficiency standards 
under section 284(a) of the Green Resources for Energy 
Efficient Neighborhoods Act of 2009 that are guaranteed 
under this section, the impact that savings on utility costs 
has on the income of the borrower.’’. 
(2) REPORTING ON DEFAULTS.—Section 540(b) 
of the National Housing Act (12 U.S.C. 1735f– 
18(b)), as amended by the preceding provisions of 
this section, is further amended by adding at the 
end the following new paragraph: 
‘‘(5) With respect to each collection period that 
commences after December 31, 2011, the total num-
ber of loans guaranteed under section 184A of the 
Housing and Community Development Act of 1992 
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(12 U.S.C. 1715z–13b) on single-family housing 
meeting the energy efficiency standards under sec-
tion 284(a) of the Green Resources for Energy Effi-
cient Neighborhoods Act of 2009 that are guaran-
teed by the Secretary during the applicable collection 
period, the number of defaults and foreclosures oc-
curring on such loans during such period, the per-
centage of the total of such loans guaranteed during 
such period on which defaults and foreclosure oc-
curred, and the rate for such period of defaults and 
foreclosures on such loans compared to the overall 
rate for such period of defaults and foreclosures on 
loans for single-family housing guaranteed under 
such section 184A by the Secretary.’’. 
SEC. 289. ENERGY-EFFICIENT MORTGAGES AND LOCATION- 
EFFICIENT 
MORTGAGES 
EDUCATION 
AND 
OUTREACH CAMPAIGN. 
Section 106 of the Energy Policy Act of 1992 (12 
U.S.C. 1701z–16) is amended by adding at the end the 
following new subsection: 
‘‘(g) EDUCATION AND OUTREACH CAMPAIGN.— 
‘‘(1) DEVELOPMENT OF ENERGY- AND LOCA-
TION-EFFICIENT
MORTGAGES
OUTREACH
PRO-
GRAM.— 
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‘‘(A) COMMISSION.—The Secretary, in con-
sultation and coordination with the Secretary of 
Energy, the Secretary of Education, the Sec-
retary of Agriculture, and the Administrator of 
the Environmental Protection Agency, shall es-
tablish a commission to develop and recommend 
model mortgage products and underwriting 
guidelines that provide market-based incentives 
to prospective home buyers, lenders, and sellers 
to incorporate energy efficiency upgrades and 
location efficiencies in new mortgage loan trans-
actions. 
‘‘(B) REPORT.—Not later than 24 months 
after the date of the enactment of this Act, the 
Secretary shall provide a written report to the 
Congress on the results of work of the commis-
sion established pursuant to subparagraph (A) 
and that identifies model mortgage products 
and underwriting guidelines that may encour-
age energy and location efficiency. 
‘‘(2) IMPLEMENTATION.—After submission of 
the report under paragraph (1)(B), the Secretary, in 
consultation and coordination with the Secretary of 
Energy, the Secretary of Education, and the Admin-
istrator of the Environmental Protection Agency, 
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shall carry out a public awareness, education, and 
outreach campaign based on the findings of the com-
mission established pursuant to paragraph (1) to in-
form and educate residential lenders and prospective 
borrowers regarding the availability, benefits, advan-
tages, and terms of energy-efficient mortgages and 
location-efficient mortgages made available pursuant 
to this section, energy-efficient and location-efficient 
mortgages that meet the requirements of section 
1335 of the Housing and Community Development 
Act of 1992 (42 U.S.C. 4565), and other mortgages, 
including mortgages for multifamily housing, that 
have energy improvement features or location effi-
ciency features and to publicize such availability, 
benefits, advantages, and terms. Such actions may 
include entering into a contract with an appropriate 
entity to publicize and market such mortgages 
through appropriate media. 
‘‘(3) RENEWABLE
ENERGY
HOME
PRODUCT 
EXPOS.—The Congress hereby encourages the Sec-
retary of Housing and Urban Development to work 
with appropriate entities to organize and hold renew-
able energy expositions that provide an opportunity 
for the public to view and learn about renewable en-
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ergy products for the home that are currently on the 
market. 
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary to carry out this subsection $5,000,000 for 
each of fiscal years 2010 through 2014.’’. 
SEC. 290. COLLECTION OF INFORMATION ON ENERGY-EFFI-
CIENT 
AND 
LOCATION-EFFICIENT 
MORT-
GAGES THROUGH HOME MORTGAGE DISCLO-
SURE ACT. 
(a) IN GENERAL.—Section 304(b) of the Home Mort-
gage Disclosure Act of 1975 (12 U.S.C. 2803(b)) is 
amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(5) the number and dollar amount of mort-
gage loans for single-family housing and for multi-
family housing that are energy-efficient mortgages 
(as such term is defined in section 1335 of Housing 
and Community Development Act of 1992); and 
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‘‘(6) the number and dollar amount of mort-
gage loans for single-family housing and for multi-
family housing that are location-efficient mortgages 
(as such term is defined in section 1335 of Housing 
and Community Development Act of 1992).’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply with respect to the first calendar 
year that begins after the expiration of the 30-day period 
beginning on the date of the enactment of this Act. 
SEC. 291. ENSURING AVAILABILITY OF HOMEOWNERS IN-
SURANCE FOR HOMES NOT CONNECTED TO 
ELECTRICITY GRID. 
(a) CONGRESSIONAL INTENT.—The Congress intends 
that— 
(1) consumers shall not be denied homeowners 
insurance for a dwelling (as such term is defined in 
subsection (c)) based solely on the fact that the 
dwelling is not connected to or able to receive elec-
tricity service from any wholesale or retail electric 
power provider; 
(2) States should ensure that consumers are 
able to obtain homeowners insurance for such dwell-
ings; 
(3) States should support insurers that develop 
voluntary incentives to provide such insurance; and 
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(4) States may not prohibit insurers from offer-
ing a homeowners insurance product specifically de-
signed for such dwellings. 
(b) INSURING HOMES AND RELATED PROPERTY IN 
INDIAN AREAS.—Notwithstanding any other provision of 
law, dwellings located in Indian areas (as such term is de-
fined in section 4 of the Native American Housing Assist-
ance and Self-Determination Act of 1996 (25 U.S.C. 
4103)) and constructed or maintained using assistance, 
loan guarantees, or other authority under the Native 
American Housing Assistance and Self-Determination Act 
of 1996 may be insured by any tribally owned self-insur-
ance risk pool approved by the Secretary of Housing and 
Urban Development. 
(c) DWELLING.—For purposes of this section, the 
term ‘‘dwelling’’ means a residential structure that— 
(1) consists of one to four dwelling units; 
(2) is provided electricity from renewable en-
ergy sources; and 
(3) is not connected to any wholesale or retail 
electrical power grid. 
SEC. 292. MORTGAGE INCENTIVES FOR ENERGY-EFFICIENT 
MULTIFAMILY HOUSING. 
(a) IN GENERAL.—The Secretary of Housing and 
Urban Development shall establish incentives for increas-
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ing the energy efficiency of multifamily housing that is 
subject to a mortgage to be insured under title II of the 
National Housing Act (12 U.S.C. 1707 et seq.) so that 
the housing meets the energy efficiency standards under 
section 284(a) of this subtitle and incentives to encourage 
compliance of such housing with the energy efficiency and 
conservation standards, and the green building standards, 
under section 284(b) of this subtitle, to the extent that 
such incentives are based on the impact that savings on 
utility costs has on the operating costs of the housing, as 
determined by the Secretary. 
(b) INCENTIVES.—Such incentives may include, for 
any such multifamily housing that complies with the en-
ergy efficiency standards under section 284(a)— 
(1) providing a discount on the chargeable pre-
miums for the mortgage insurance for such housing 
from the amount otherwise chargeable for such 
mortgage insurance; 
(2) allowing mortgages to exceed the dollar 
amount limits otherwise applicable under law to the 
extent such additional amounts are used to finance 
improvements or measures designed to meet the 
standards referred to in subsection (a); and 
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(3) reducing the amount that the owner of such 
multifamily housing meeting the standards referred 
to in subsection (a) is required to contribute. 
SEC. 293. ENERGY-EFFICIENT CERTIFICATIONS FOR MANU-
FACTURED HOUSING WITH MORTGAGES. 
Section 526 of the National Housing Act (12 U.S.C. 
1735f–4(a)) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘, other than manufactured 
homes,’’ each place such term appears; 
(B) by inserting after the period at the end 
the following: ‘‘The energy performance require-
ments developed and established by the Sec-
retary under this section for manufactured 
homes shall require energy star rating for wall 
fixtures, appliances, and equipment in such 
housing.’’; 
(C) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 
(D) by adding at the end the following new 
paragraphs: 
‘‘(2) The Secretary shall require, with respect to any 
single- or multi-family residential housing subject to a 
mortgage insured under this Act, that any approval or cer-
tification of the housing for meeting any energy efficiency 
or conservation criteria, standards, or requirements pursu-
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ant to this title and any approval or certification required 
pursuant to this title with respect to energy-conserving im-
provements or any renewable energy sources, such as 
wind, solar energy geothermal, or biomass, shall be con-
ducted only by an individual certified by a home energy 
rating system provider who has been accredited to conduct 
such ratings by the Home Energy Ratings System Coun-
cil, the Residential Energy Services Network, or such 
other appropriate national organization, as the Secretary 
may provide, or by licensed professional architect or engi-
neer. If any organization makes a request to the Secretary 
for approval to accredit individuals to conduct energy effi-
ciency or conservation ratings, the Secretary shall review 
and approve or disapprove such request not later than the 
expiration of the 6-month period beginning upon receipt 
of such request. 
‘‘(3) The Secretary shall periodically examine the 
method used to conduct inspections for compliance with 
the requirements under this section, analyze various other 
approaches for conducting such inspections, and review 
the costs and benefits of the current method compared 
with other methods.’’; and 
(2) in subsection (b), by striking ‘‘, other than 
a manufactured home,’’. 
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SEC. 294. ASSISTED HOUSING ENERGY LOAN PILOT PRO-
GRAM. 
(a) AUTHORITY.—Not later than the expiration of 
the 12-month period beginning on the date of the enact-
ment of this Act, the Secretary shall develop and imple-
ment a pilot program under this section to facilitate the 
financing of cost-effective capital improvements for cov-
ered assisted housing projects to improve the energy effi-
ciency and conservation of such projects. 
(b) LOANS.—The pilot program under this section 
shall involve not less than three and not more than five 
lenders, and shall provide for a privately financed loan to 
be made for a covered assisted housing project, which 
shall— 
(1) finance capital improvements for the project 
that meet such requirements as the Secretary shall 
establish, and may involve contracts with third par-
ties to perform such capital improvements, including 
the design of such improvements by licensed profes-
sional architects or engineers; 
(2) have a term to maturity of not more than 
20 years, which shall be based upon the duration 
necessary to realize cost savings sufficient to repay 
the loan; 
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(3) be secured by a mortgage subordinate to the 
mortgage for the project that is insured under the 
National Housing Act; and 
(4) provide for a reduction in the remaining 
principal obligation under the loan based on the ac-
tual resulting cost savings realized from the capital 
improvements financed with the loan. 
(c) UNDERWRITING
STANDARDS.—The Secretary 
shall establish underwriting requirements for loans made 
under the pilot program under this section, which shall— 
(1) require the cost savings projected to be real-
ized from the capital improvements financed with 
the loan, during the term of the loan, to exceed the 
costs of repaying the loan; 
(2) allow the designer or contractor involved in 
designing capital improvements to be financed with 
a loan under the program to carry out such capital 
improvements; and 
(3) include such energy, audit, property, finan-
cial, ownership, and approval requirements as the 
Secretary considers appropriate. 
(d) TREATMENT OF SAVINGS.—The pilot program 
under this section shall provide that the project owner 
shall receive the full financial benefit from any reduction 
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in the cost of utilities resulting from capital improvements 
financed with a loan made under the program. 
(e) COVERED ASSISTED HOUSING PROJECTS.—For 
purposes of this section, the term ‘‘covered assisted hous-
ing project’’ means a housing project that— 
(1) is financed by a loan or mortgage that is— 
(A) insured by the Secretary under— 
(i) subsection (d)(3) of section 221 of 
the National Housing Act (12 U.S.C. 
1715l), and bears interest at a rate deter-
mined 
under 
the 
proviso 
of 
section 
221(d)(5) of such Act; or 
(ii) subsection (d)(4) of such section 
221. 
(B) insured or assisted under section 236 
of the National Housing Act (12 U.S.C. 1715z– 
1); 
(2) at the time a loan under this section is 
made, is provided project-based rental assistance 
under section 8 of the United States Housing Act of 
1937 (42 U.S.C. 1437f) for 50 percent or more of 
the dwelling units in the project; and 
(3) is not a housing project owned or held by 
the Secretary, or subject to a mortgage held by the 
Secretary. 
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SEC. 295. MAKING IT GREEN. 
(a) PARTNERSHIPS WITH TREE-PLANTING ORGANI-
ZATIONS.—The Secretary shall establish and provide in-
centives for developers of housing for which any HUD fi-
nancial assistance, as determined by the Secretary, is pro-
vided for development, maintenance, operation, or other 
costs, to enter into agreements and partnerships with tree- 
planting organizations, nurseries, and landscapers to cer-
tify that trees, shrubs, grasses, and other plants are plant-
ed in the proper manner, are provided adequate mainte-
nance, and survive for at least 3 years after planting or 
are replaced. The financial assistance determined by the 
Secretary as eligible under this section shall take into con-
sideration such factors as cost effectiveness and afford-
ability. 
(b) MAKING IT GREEN PLAN.—In the case of any 
new or substantially rehabilitated housing for which HUD 
financial assistance, as determined in accordance with 
subsection (a), is provided by the Secretary for the devel-
opment, construction, maintenance, rehabilitation, im-
provement, operation, or costs of the housing, including 
financial assistance provided through the Community De-
velopment Block Grant program under title I of the Hous-
ing and Community Development Act of 1974 (42 U.S.C. 
5301 et seq.), the Secretary shall require the development 
of a plan that provides for— 
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(1) in the case of new construction and im-
provements, siting of such housing and improve-
ments in a manner that provides for energy effi-
ciency and conservation to the extent feasible, taking 
into consideration location and project type; 
(2) minimization of the effects of construction, 
rehabilitation, or other development on the condition 
of existing trees; 
(3) selection and installation of indigenous 
trees, shrubs, grasses, and other plants based upon 
applicable design guidelines and standards of the 
International Society for Arboriculture; 
(4) post-planting care and maintenance of the 
landscaping relating to or affected by the housing in 
accordance with best management practices; and 
(5) establishment of a goal for minimum 
greenspace or tree canopy cover for the housing site 
for which such financial assistance is provided, in-
cluding guidelines and timetables within which to 
achieve compliance with such minimum require-
ments. 
(c) PARTNERSHIPS.—In carrying out this section, the 
Secretary is encouraged to consult, as appropriate, with 
national organizations dedicated to providing housing as-
sistance and related services to low-income families, such 
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as the Alliance for Community Trees and its affiliates, the 
American Nursery and Landscape Association, the Amer-
ican Society of Landscape Architects, and the National 
Arbor Day Foundation. 
SEC. 
296. 
RESIDENTIAL 
ENERGY 
EFFICIENCY 
BLOCK 
GRANT PROGRAM. 
Title I of the Housing and Community Development 
Act of 1974 (42 U.S.C. 5301 et seq.) is amended by add-
ing at the end the following new section: 
‘‘SEC. 123. RESIDENTIAL ENERGY EFFICIENCY BLOCK 
GRANT PROGRAM. 
‘‘(a) IN GENERAL.—To the extent amounts are made 
available for grants under this section, the Secretary shall 
make grants under this section to States, metropolitan cit-
ies and urban counties, Indian tribes, and insular areas 
to carry out energy efficiency improvements in new and 
existing single-family and multifamily housing. 
‘‘(b) ALLOCATIONS.— 
‘‘(1) IN GENERAL.—Of the total amount made 
available for each fiscal year for grants under this 
section that remains after reserving amounts pursu-
ant to paragraph (2), the Secretary shall allocate for 
insular areas, for metropolitan cities and urban 
counties, and for States, an amount that bears the 
same ratio to such total amount as the amount allo-
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cated for such fiscal year under section 106 for In-
dian tribes, for insular areas, for metropolitan cities 
and urban counties, and for States, respectively, 
bears to the total amount made available for such 
fiscal year for grants under section 106. 
‘‘(2) SET ASIDE FOR INDIAN TRIBES.—Of the 
total amount made available for each fiscal year for 
grants under this section, the Secretary shall allo-
cate not less than 1 percent to Indian tribes. 
‘‘(c) GRANT AMOUNTS.— 
‘‘(1) ENTITLEMENT COMMUNITIES.—From the 
amounts allocated pursuant to subsection (b) for 
metropolitan cities and urban counties for each fiscal 
year, the Secretary shall make a grant for such fis-
cal year to each metropolitan city and urban county 
that complies with the requirement under subsection 
(d), in the amount that bears the same ratio such 
total amount so allocated as the amount of the grant 
for such fiscal year under section 106 for such met-
ropolitan city or urban county bears to the aggre-
gate amount of all grants for such fiscal year under 
section 106 for all metropolitan cities and urban 
counties. 
‘‘(2) STATES.—From the amounts allocated 
pursuant to subsection (b) for States for each fiscal 
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year, the Secretary shall make a grant for such fis-
cal year to each State that complies with the re-
quirement under subsection (d), in the amount that 
bears the same ratio such total amount so allocated 
as the amount of the grant for such fiscal year 
under section 106 for such State bears to the aggre-
gate amount of all grants for such fiscal year under 
section 106 for all States. Grant amounts received 
by a State shall be used only for eligible activities 
under subsection (e) carried out in nonentitlement 
areas of the State. 
‘‘(3) INDIAN TRIBES.—From the amounts allo-
cated pursuant to subsection (b) for Indian tribes, 
the Secretary shall make grants to Indian tribes that 
comply with the requirement under subsection (d) on 
the basis of a competition conducted pursuant to 
specific criteria, as the Secretary shall establish by 
regulation, for the selection of Indian tribes to re-
ceive such amount. 
‘‘(4) INSULAR AREAS.—From the amounts allo-
cated pursuant to subsection (b) for insular areas, 
the Secretary shall make a grant to each insular 
area that complies with the requirement under sub-
section (d) on the basis of the ratio of the population 
of the insular area to the aggregate population of all 
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insular areas. In determining the distribution of 
amounts to insular areas, the Secretary may also in-
clude other statistical criteria as data become avail-
able from the Bureau of Census of the Department 
of Labor, but only if such criteria are set forth by 
regulation issued after notice and an opportunity for 
comment. 
‘‘(d) STATEMENT OF ACTIVITIES.— 
‘‘(1) REQUIREMENT.—Before receipt the re-
ceipt in any fiscal year of a grant under subsection 
(c) by any grantee, the grantee shall have prepared 
a final statement of housing energy efficiency objec-
tives and projected use of funds as the Secretary 
shall require and shall have provided the Secretary 
with such certifications regarding such objectives 
and use as the Secretary may require. In the case 
of metropolitan cities, urban counties, units of gen-
eral local government, and insular areas receiving 
grants, the statement of projected use of funds shall 
consist of proposed housing energy efficiency activi-
ties. In the case of States receiving grants, the state-
ment of projected use of funds shall consist of the 
method by which the States will distribute funds to 
units of general local government. 
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‘‘(2) PUBLIC
PARTICIPATION.—The Secretary 
may establish requirements to ensure the public 
availability of information regarding projected use of 
grant amounts and public participation in deter-
mining such projected use. 
‘‘(e) ELIGIBLE ACTIVITIES.— 
‘‘(1) REQUIREMENT.—Amounts from a grant 
under this section may be used only to carry out ac-
tivities for single-family or multifamily housing that 
are designed to improve the energy efficiency of the 
housing so that the housing complies with the en-
ergy efficiency standards under section 284(a) of the 
Green Resources for Energy Efficient Neighbor-
hoods Act of 2009, including such activities to pro-
vide energy for such housing from renewable 
sources, such as wind, waves, solar, biomass, and 
geothermal sources. 
‘‘(2) PREFERENCE FOR COMPLIANCE BEYOND 
BASIC REQUIREMENTS.—In selecting activities to be 
funded with amounts from a grant under this sec-
tion, a grantee shall give more preference to activi-
ties based on the extent to which the activities will 
result in compliance by the housing with the en-
hanced energy efficiency and conservation standards, 
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and the green building standards, under section 
284(b) of such Act. 
‘‘(f) REPORTS.—Each grantee of a grant under this 
section for a fiscal year shall submit to the Secretary, at 
a time determined by the Secretary, a performance and 
evaluation report concerning the use of grant amounts, 
which shall contain an assessment by the grantee of the 
relationship of such use to the objectives identified in the 
grantees statement under subsection (d). 
‘‘(g) APPLICABILITY OF CDBG PROVISIONS.—Sec-
tions 109, 110, and 111 of the Housing and Community 
Development Act of 1974 (42 U.S.C. 5309, 5310, 5311) 
shall apply to assistance received under this section to the 
same extent and in the same manner that such sections 
apply to assistance received under title I of such Act. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated for grants under this sec-
tion $2,500,000,000 for fiscal year 2010 and such sums 
as may be necessary for each fiscal year thereafter.’’. 
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SEC. 297. INCLUDING SUSTAINABLE DEVELOPMENT AND 
TRANSPORTATION 
STRATEGIES 
IN 
COM-
PREHENSIVE 
HOUSING 
AFFORDABILITY 
STRATEGIES. 
Section 105(b) of the Cranston-Gonzalez National 
Affordable Housing Act (42 U.S.C. 12705(b)) is amend-
ed— 
(1) by striking ‘‘and’’ at the end of paragraph 
(19); 
(2) by striking the period at the end of para-
graph (20) and inserting ‘‘; and’’; 
(3) and by inserting after paragraph (20) the 
following new paragraphs: 
‘‘(21) describe the jurisdiction’s strategies to 
encourage sustainable development for affordable 
housing, including single-family and multifamily 
housing, as measured by— 
‘‘(A) greater energy efficiency and use of 
renewable energy sources, including any strate-
gies regarding compliance with the energy effi-
ciency standards under section 284(a) of the 
Green Resources for Energy Efficient Neigh-
borhoods Act of 2009 and with the enhanced 
energy efficiency and conservation standards, 
and the green building standards, under section 
284(b) of such Act; 
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‘‘(B) increased conservation, recycling, and 
reuse of resources; 
‘‘(C) more effective use of existing infra-
structure; 
‘‘(D) use of building materials and meth-
ods that are healthier for residents of the hous-
ing, including use of building materials that are 
free of added known carcinogens that are classi-
fied as Group 1 Known Carcinogens by the 
International Agency for Research on Cancer; 
and 
‘‘(E) such other criteria as the Secretary 
determines, in consultation with the Secretary 
of Energy, the Secretary of Agriculture, and the 
Administrator of the Environmental Protection 
Agency, are in accordance with the purposes of 
this paragraph; and 
‘‘(22) describe the jurisdiction’s efforts to co-
ordinate its housing strategy with its transportation 
planning strategies to ensure to the extent prac-
ticable that residents of affordable housing have ac-
cess to public transportation.’’. 
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SEC. 298. GRANT PROGRAM TO INCREASE SUSTAINABLE 
LOW-INCOME 
COMMUNITY 
DEVELOPMENT 
CAPACITY. 
(a) IN GENERAL.—The Secretary may make grants 
to nonprofit organizations to use for any of the following 
purposes: 
(1) Training, educating, supporting, or advising 
an eligible community development organization or 
qualified youth service and conservation corps in im-
proving energy efficiency, resource conservation and 
reuse, design strategies to maximize energy effi-
ciency, installing or constructing renewable energy 
improvements (such as wind, wave, solar, biomass, 
and geothermal energy sources), and effective use of 
existing infrastructure in affordable housing and 
economic development activities in low-income com-
munities, taking into consideration energy efficiency 
standards under section 284(a) of this subtitle and 
with the enhanced energy efficiency and conservation 
standards, and the green building standards, under 
section 284(b) of this subtitle. 
(2) Providing loans, grants, or predevelopment 
assistance to eligible community development organi-
zations or qualified youth service and conservation 
corps to carry out energy efficiency improvements 
that comply with the energy efficiency standards 
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under section 284(a) of this subtitle, resource con-
servation and reuse, and effective use of existing in-
frastructure in affordable housing and economic de-
velopment activities in low-income communities. In 
providing assistance under this paragraph, the Sec-
retary shall give more preference to activities based 
on the extent to which the activities will result in 
compliance with the enhanced energy efficiency and 
conservation standards, and the green building 
standards, under section 284(b) of this subtitle. 
(3) Such other purposes as the Secretary deter-
mines are in accordance with the purposes of this 
subsection. 
(b) APPLICATION REQUIREMENT.—To be eligible for 
a grant under this section, a nonprofit organization shall 
prepare and submit to the Secretary an application at 
such time, in such manner, and containing such informa-
tion as the Secretary may require. 
(c) AWARD OF CONTRACTS.—Contracts for architec-
tural or engineering services funded with amounts from 
grants made under this section shall be awarded in accord-
ance with chapter 11 of title 40, United States Code (re-
lating to selection of architects and engineers). 
(d) MATCHING REQUIREMENT.—A grant made under 
this section may not exceed the amount that the nonprofit 
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organization receiving the grant certifies, to the Secretary, 
will be provided (in cash or in-kind) from nongovernmental 
sources to carry out the purposes for which the grant is 
made. 
(e) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
(1) The term ‘‘nonprofit organization’’ has the 
meaning given such term in section 104 of the Cran-
ston-Gonzalez National Affordable Housing Act (42 
U.S.C. 12704). 
(2) The term ‘‘eligible community development 
organization’’ means— 
(A) a unit of general local government (as 
defined in section 104 of the Cranston-Gonzalez 
National Affordable Housing Act (42 U.S.C. 
12704)); 
(B) a community housing development or-
ganization (as defined in section 104 of the 
Cranston-Gonzalez National Affordable Hous-
ing Act (42 U.S.C. 12704)); 
(C) an Indian tribe or tribally designated 
housing entity (as such terms are defined in 
section 4 of the Native American Housing As-
sistance and Self-Determination Act of 1996 
(25 U.S.C. 4103)); or 
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(D) a public housing agency, as such term 
is defined in section 3(b) of the United States 
Housing Act of 1937 (42 U.S.C. 1437(b)). 
(3) The term ‘‘low-income community’’ means a 
census tract in which 50 percent or more of the 
households have an income which is less than 80 
percent of the greater of— 
(A) the median gross income for such year 
for the area in which such census tract is lo-
cated; or 
(B) the median gross income for such year 
for the State in which such census tract is lo-
cated. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out this section $10,000,000 for each of fiscal years 2010 
through 2014. 
SEC. 299. HOPE VI GREEN DEVELOPMENTS REQUIREMENT. 
(a) MANDATORY COMPONENT.—Section 24(e) of the 
United States Housing Act of 1937 (42 U.S.C. 1437v(e)) 
is amended by adding at the end the following new para-
graph: 
‘‘(4) GREEN DEVELOPMENTS REQUIREMENT.— 
‘‘(A) REQUIREMENT.—The Secretary may 
not make a grant under this section to an appli-
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cant unless the proposed revitalization plan of 
the applicant to be carried out with such grant 
amounts meets the following requirements: 
‘‘(i) GREEN
COMMUNITIES
CRITERIA 
CHECKLIST.—All residential construction 
under the proposed plan complies with the 
national 
Green 
Communities 
criteria 
checklist for residential construction that 
provides criteria for the design, develop-
ment, and operation of affordable housing, 
as such checklist is in effect for purposes 
of this paragraph pursuant to subpara-
graph (D) at the date of the application 
for the grant, or any substantially equiva-
lent standard or standards as determined 
by the Secretary, as follows: 
‘‘(I) The proposed plan shall 
comply with all items of the national 
Green Communities criteria checklist 
for residential construction that are 
identified as mandatory. 
‘‘(II) The proposed plan shall 
comply with such other nonmandatory 
items of such national Green Commu-
nities criteria checklist so as to result 
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in a cumulative number of points at-
tributable 
to 
such 
nonmandatory 
items under such checklist of not less 
than— 
‘‘(aa) 25 points, in the case 
of any proposed plan (or portion 
thereof) consisting of new con-
struction; and 
‘‘(bb) 20 points, in the case 
of any proposed plan (or portion 
thereof) consisting of rehabilita-
tion. 
‘‘(ii) GREEN
BUILDINGS
CERTIFI-
CATION
SYSTEM.—All nonresidential con-
struction under the proposed plan complies 
with all minimum required levels of the 
green building rating systems and levels 
identified by the Secretary pursuant to 
subparagraph (C), as such systems and 
levels are in effect for purposes of this 
paragraph pursuant to subparagraph (D) 
at the time of the application for the 
grant. 
‘‘(B) VERIFICATION.— 
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‘‘(i) IN
GENERAL.—The Secretary 
shall verify, or provide for verification, suf-
ficient to ensure that each proposed revi-
talization plan carried out with amounts 
from a grant under this section complies 
with the requirements under subparagraph 
(A) and that the revitalization plan is car-
ried out in accordance with such require-
ments and plan. 
‘‘(ii) TIMING.—In providing for such 
verification, the Secretary shall establish 
procedures to ensure such compliance with 
respect to each grantee, and shall report to 
the Congress with respect to the compli-
ance of each grantee, at each of the fol-
lowing times: 
‘‘(I) Not later than 6 months 
after execution of the grant agreement 
under this section for the grantee. 
‘‘(II) Upon completion of the re-
vitalization plan of the grantee. 
‘‘(C) IDENTIFICATION OF GREEN BUILD-
INGS RATING SYSTEMS AND LEVELS.— 
‘‘(i) IN
GENERAL.—For purposes of 
this paragraph, the Secretary shall identify 
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rating systems and levels for green build-
ings that the Secretary determines to be 
the most likely to encourage a comprehen-
sive and environmentally sound approach 
to ratings and standards for green build-
ings. The identification of the ratings sys-
tems and levels shall be based on the cri-
teria specified in clause (ii), shall identify 
the highest levels the Secretary determines 
are appropriate above the minimum levels 
required under the systems selected. With-
in 90 days of the completion of each study 
required by clause (iii), the Secretary shall 
review and update the rating systems and 
levels, or identify alternative systems and 
levels for purposes of this paragraph, tak-
ing into account the conclusions of such 
study. 
‘‘(ii) CRITERIA.—In identifying the 
green rating systems and levels, the Sec-
retary shall take into consideration— 
‘‘(I) the ability and availability of 
assessors and auditors to independ-
ently verify the criteria and measure-
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ment of metrics at the scale necessary 
to implement this paragraph; 
‘‘(II) the ability of the applicable 
ratings system organizations to collect 
and reflect public comment; 
‘‘(III) the ability of the standards 
to be developed and revised through a 
consensus-based process; 
‘‘(IV) 
An 
evaluation 
of 
the 
robustness of the criteria for a high- 
performance green building, which 
shall give credit for promoting— 
‘‘(aa) efficient and sustain-
able use of water, energy, and 
other natural resources; 
‘‘(bb) use of renewable en-
ergy sources; 
‘‘(cc) improved indoor and 
outdoor 
environmental 
quality 
through enhanced indoor and 
outdoor air quality, thermal com-
fort, acoustics, outdoor noise pol-
lution, day lighting, pollutant 
source control, sustainable land-
scaping, and use of building sys-
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tem controls and low- or no-emis-
sion materials, including pref-
erence for materials with no 
added carcinogens that are classi-
fied as Group 1 Known Carcino-
gens by the International Agency 
for Research on Cancer; and 
‘‘(dd) such other criteria as 
the Secretary determines to be 
appropriate; and 
‘‘(V) national recognition within 
the building industry. 
‘‘(iii) 5-YEAR EVALUATION.—At least 
once every 5 years, the Secretary shall con-
duct a study to evaluate and compare 
available third-party green building rating 
systems and levels, taking into account the 
criteria listed in clause (ii). 
‘‘(D) APPLICABILITY
AND
UPDATING
OF 
STANDARDS.— 
‘‘(i) APPLICABILITY.—Except as pro-
vided in clause (ii) of this subparagraph, 
the national Green Communities criteria 
checklist and green building rating systems 
and levels referred to in clauses (i) and (ii) 
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of subparagraph (A) that are in effect for 
purposes of this paragraph are such check-
list systems, and levels as in existence 
upon the date of the enactment of the 
Green Resources for Energy Efficient 
Neighborhoods Act of 2009. 
‘‘(ii) UPDATING.—The Secretary may, 
by regulation, adopt and apply, for pur-
poses of this paragraph, future amend-
ments and supplements to, and editions of, 
the national Green Communities criteria 
checklist, any standard or standards that 
the Secretary has determined to be sub-
stantially equivalent to such checklist, and 
the green building ratings systems and lev-
els identified by the Secretary pursuant to 
subparagraph (C).’’. 
(b) SELECTION CRITERIA; GRADED COMPONENT.— 
Section 24(e)(2) of the United States Housing Act of 
1937 (42 U.S.C. 1437v(e)(2)) is amended— 
(1) in subparagraph (K), by striking ‘‘and’’ at 
the end; 
(2) by redesignating subparagraph (L) as sub-
paragraph (M); and 
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(3) by inserting after subparagraph (K) the fol-
lowing new subparagraph: 
‘‘(L) the extent to which the proposed revi-
talization plan— 
‘‘(i) in the case of residential con-
struction, complies with the nonmandatory 
items of the national Green Communities 
criteria checklist identified in paragraph 
(4)(A)(i), or any substantially equivalent 
standard or standards as determined by 
the Secretary, but only to the extent such 
compliance exceeds the compliance nec-
essary to accumulate the number of points 
required under such paragraph; and 
‘‘(ii) in the case of nonresidential con-
struction, complies with the components of 
the green building rating systems and lev-
els identified by the Secretary pursuant to 
paragraph (4)(C), but only to the extent 
such compliance exceeds the minimum level 
required under such systems and levels; 
and’’. 
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SEC. 299A. CONSIDERATION OF ENERGY EFFICIENCY IM-
PROVEMENTS IN APPRAISALS. 
(a) APPRAISALS IN CONNECTION WITH FEDERALLY 
RELATED TRANSACTIONS.— 
(1) REQUIREMENT.—Section 1110 of the Fi-
nancial Institutions Reform, Recovery, and Enforce-
ment Act of 1989 (12 U.S.C. 3339) is amended— 
(A) in paragraph (1), by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (2) as 
paragraph (3); and 
(C) by inserting after paragraph (1) the 
following new paragraph: 
‘‘(2) that such appraisals be performed in ac-
cordance with appraisal standards that require, in 
determining the value of a property, consideration of 
any renewable energy sources for, or energy effi-
ciency or energy-conserving improvements or fea-
tures of, the property; and’’. 
(2) REVISION
OF
APPRAISAL
STANDARDS.— 
Each Federal financial institutions regulatory agen-
cy shall, not later than 6 months after the date of 
the enactment of this Act, revise its standards for 
the performance of real estate appraisals in connec-
tion with federally related transactions under the ju-
risdiction of the agency to comply with the require-
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ment under the amendments made by paragraph (1) 
of this subsection. 
(b) APPRAISER CERTIFICATION AND LICENSING RE-
QUIREMENTS.—Section 1116 of the Financial Institutions 
Reform, Recovery, and Enforcement Act of 1989 (12 
U.S.C. 3345) is amended— 
(1) in subsection (a), by inserting before the pe-
riod at the end the following: ‘‘, and meets the re-
quirements established pursuant to subsection (f) for 
qualifications regarding consideration of any renew-
able energy sources for, or energy efficiency or en-
ergy-conserving improvements or features of, the 
property’’; 
(2) in subsection (c), by inserting before the pe-
riod at the end the following: ‘‘, which shall include 
compliance with the requirements established pursu-
ant to subsection (f) regarding consideration of any 
renewable energy sources for, or energy efficiency or 
energy-conserving improvements or features of, the 
property’’; 
(3) in subsection (e), by striking ‘‘The’’ and in-
serting ‘‘Except as provided in subsection (f), the’’; 
and 
(4) by adding at the end the following new sub-
section: 
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‘‘(f) REQUIREMENTS FOR APPRAISERS REGARDING 
ENERGY EFFICIENCY FEATURES.—The Appraisal Sub-
committee shall establish requirements for State certifi-
cation of State certified real estate appraisers and for 
State licensing of State licensed appraisers, to ensure that 
appraisers consider and are qualified to consider, in deter-
mining the value of a property, any renewable energy 
sources for, or energy efficiency or energy-conserving im-
provements or features of, the property.’’. 
(c) GUIDELINES
FOR APPRAISING PHOTOVOLTAIC 
MEASURES
AND TRAINING
OF APPRAISERS.—Section 
1122 of the Financial Institutions Reform, Recovery, and 
Enforcement Act of 1989 (12 U.S.C. 3351) is amended 
by adding at the end the following new subsection: 
‘‘(g) GUIDELINES FOR APPRAISING PHOTOVOLTAIC 
MEASURES AND TRAINING OF APPRAISERS.—The Ap-
praisal Subcommittee shall, in consultation with the Sec-
retary of Housing and Urban Development, the Federal 
National Mortgage Association, and the Federal Home 
Loan Mortgage Corporation, establish specific guidelines 
for— 
‘‘(1) appraising off- and on-grid photovoltaic 
measures for compliance with the appraisal stand-
ards prescribed pursuant to section 1110(2); 
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‘‘(2) requirements under section 1116(f) for 
certification of State certified real estate appraisers 
and for State licensing of State licensed appraisers, 
to ensure that appraisers consider, and are qualified 
to consider, such photovoltaic measures in deter-
mining the value of a property; and 
‘‘(3) training of appraisers to meet the require-
ments established pursuant to paragraph (2) of this 
subsection.’’. 
SEC. 299B. HOUSING ASSISTANCE COUNCIL. 
The Secretary shall require the Housing Assistance 
Council— 
(1) to encourage each organization that receives 
assistance from the Council with any amounts made 
available from the Secretary to provide that any 
structures and buildings developed or assisted under 
projects, programs, and activities funded with such 
amounts complies with the energy efficiency stand-
ards under section 284(a) of this subtitle; and 
(2) to establish incentives to encourage each 
such organization to provide that any such struc-
tures and buildings comply with the energy effi-
ciency and conservation standards, and the green 
building standards, under section 284(b) of such 
Act. 
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SEC. 299C. RURAL HOUSING AND ECONOMIC DEVELOP-
MENT ASSISTANCE. 
The Secretary shall— 
(1) require each tribe, agency, organization, 
corporation, and other entity that receives any as-
sistance from the Office of Rural Housing and Eco-
nomic Development of the Department of Housing 
and Urban Development to provide that any struc-
tures and buildings developed or assisted under ac-
tivities funded with such amounts complies with the 
energy efficiency standards under section 284(a) of 
this subtitle; and 
(2) establish incentives to encourage each such 
tribe, agency, organization, corporation, and other 
entity to provide that any such structures and build-
ings comply with the enhanced energy efficiency and 
conservation standards, and the green building 
standards, under section 284(b) of such Act. 
SEC. 299D. LOANS TO STATES AND INDIAN TRIBES TO 
CARRY OUT RENEWABLE ENERGY SOURCES 
ACTIVITIES. 
(a) ESTABLISHMENT
OF FUND.—There is estab-
lished in the Treasury of the United States a fund, to be 
known as the ‘‘Alternative Energy Sources State Loan 
Fund’’. 
(b) EXPENDITURES.— 
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(1) IN GENERAL.—Subject to paragraph (2), on 
request by the Secretary, the Secretary of the Treas-
ury shall transfer from the Fund to the Secretary 
such amounts as the Secretary determines are nec-
essary to provide loans under subsection (c)(1). 
(2) 
ADMINISTRATIVE
EXPENSES.—Of 
the 
amounts in the Fund, not more than 5 percent shall 
be available for each fiscal year to pay the adminis-
trative expenses of the Department of Housing and 
Urban Development to carry out this section. 
(c) LOANS TO STATES AND INDIAN TRIBES.— 
(1) IN
GENERAL.—The Secretary shall use 
amounts in the Fund to provide loans to States and 
Indian tribes to provide incentives to owners of sin-
gle-family and multifamily housing, commercial 
properties, and public buildings to provide— 
(A) renewable energy sources for such 
structures, such as wind, wave, solar, biomass, 
or geothermal energy sources, including incen-
tives to companies and business to change their 
source of energy to such renewable energy 
sources and for changing the sources of energy 
for public buildings to such renewable energy 
sources; 
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(B) energy efficiency and energy con-
serving improvements and features for such 
structures; or 
(C) infrastructure related to the delivery of 
electricity and hot water for structures lacking 
such amenities. 
(2) ELIGIBILITY.—To be eligible to receive a 
loan under this subsection, a State or Indian tribe, 
directly or through an appropriate State or tribal 
agency, shall submit to the Secretary an application 
at such time, in such manner, and containing such 
information as the Secretary may require. 
(3) CRITERIA FOR APPROVAL.—The Secretary 
may approve an application of a State or Indian 
tribe under paragraph (2) only if the Secretary de-
termines that the State or tribe will use the funds 
from the loan under this subsection to carry out a 
program to provide incentives described in para-
graph (1) that— 
(A) requires that any such renewable en-
ergy sources, and energy efficiency and energy 
conserving improvements and features, devel-
oped pursuant to assistance under the program 
result in compliance of the structure so im-
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ozone-depleting substance listed as a class 
I or class II substance under title VI; 
‘‘(ii) the Administrator has deter-
mined that 1 metric ton of such gas does 
not make a contribution to global warming 
over 100 years that is equal to or greater 
than that made by 1 metric ton of carbon 
dioxide; or 
‘‘(iii) the person manufacturing or im-
porting the gas for distribution into inter-
state commerce, or emitting the gas, has 
submitted to the Administrator, at least 90 
days before the start of such manufacture, 
introduction into commerce, or emission, a 
notice of such person’s manufacture, intro-
duction into commerce, or emission of such 
gas, and the Administrator has not deter-
mined that that notice or a substantially 
similar notice submitted by that person is 
incomplete. 
‘‘(B) ALTERNATIVE COMPLIANCE.—For a 
gas that is a substitute for a class I or class II 
substance under title VI and either has been 
listed as acceptable for use under section 612 
or is currently subject to evaluation under sec-
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‘‘(ii) has emitted, produced, imported, 
manufactured, or delivered in 2008 or any 
subsequent year more than the applicable 
threshold level in the definition of covered 
entity in paragraph (13) of section 700, 
provided that the figure of 25,000 tons of 
carbon dioxide equivalent is read instead 
as 10,000 tons of carbon dioxide equivalent 
and the figure of 460,000,000 cubic feet is 
read instead as 184,000,000 cubic feet; 
‘‘(C) any other entity that emits a green-
house gas, or produces, imports, manufactures, 
or delivers material whose use results or may 
result in greenhouse gas emissions if the Ad-
ministrator determines that reporting under 
this section by such entity will help achieve the 
purposes of this title or title VIII; 
‘‘(D) any vehicle fleet with emissions of 
more than 25,000 tons of carbon dioxide equiv-
alent on an annual basis, if the Administrator 
determines that the inclusion of such fleet will 
help achieve the purposes of this title or title 
VIII; or 
‘‘(E) any entity that delivers electricity to 
a facility in an energy-intensive industrial sec-
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‘‘(C) upon sale of such international offset 
credits, the Administrator shall retire those 
international offset credits, and establish and 
provide to the purchasers a number of emission 
allowances equal to 80 percent of the number of 
international offset credits so retired, which al-
lowances shall be in addition to those estab-
lished under section 721(a); and 
‘‘(D) for international offset credits sold 
pursuant to this subsection, the proceeds for 
the entity that offered the international offset 
credits for sale shall be the lesser of— 
‘‘(i) the average daily closing price for 
international offset credits sold on reg-
istered exchanges (or if such price is un-
available, the average price as determined 
by the Administrator) during the six 
months prior to the strategic reserve auc-
tion at which they were auctioned, with the 
remaining funds collected upon the sale of 
the international offset credits deposited in 
the Treasury; and 
‘‘(ii) the amount received for the 
international offset credits at the auction. 
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