I 
111TH CONGRESS 
2D SESSION 
H. R. 4690 
To establish the Office of Sustainable Housing and Communities, to establish 
the Interagency Council on Sustainable Communities, to establish a com-
prehensive planning grant program, to establish a sustainability challenge 
grant program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 25, 2010 
Mr. PERLMUTTER (for himself, Ms. WATERS, Mrs. HALVORSON, Mr. LARSON 
of Connecticut, Mr. BLUMENAUER, Mr. HODES, Mr. HIMES, Mr. SIRES, 
Mr. CARSON
of Indiana, Mr. ELLISON, Mrs. CHRISTENSEN, Mr. 
CARNAHAN, Mr. HOLT, Mr. COHEN, Mr. COURTNEY, Mr. MCDERMOTT, 
Mr. QUIGLEY, Ms. SCHWARTZ, Mr. TONKO, and Mr. SARBANES) intro-
duced the following bill; which was referred to the Committee on Finan-
cial Services, and in addition to the Committees on Transportation and 
Infrastructure and Energy and Commerce, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To establish the Office of Sustainable Housing and Commu-
nities, to establish the Interagency Council on Sustain-
able Communities, to establish a comprehensive planning 
grant program, to establish a sustainability challenge 
grant program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Livable Communities Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Office of Sustainable Housing and Communities. 
Sec. 4. Interagency Council on Sustainable Communities. 
Sec. 5. Comprehensive planning grant program. 
Sec. 6. Sustainability challenge grant program. 
SEC. 2. DEFINITIONS. 
In this Act, the following definitions shall apply: 
(1) AFFORDABLE HOUSING.—The term ‘‘afford-
able housing’’ means housing, the cost of which does 
not exceed 30 percent of the income of a family. 
(2) CENSUS TRACT.—The term ‘‘census tract’’ 
means a small, relatively permanent statistical sub-
division of a county, delineated by a local committee 
of census data users for the purpose of presenting 
data. 
(3) CHAIRPERSON.—The term ‘‘Chairperson’’ 
means the Chairperson of the Interagency Council 
on Sustainable Communities. 
(4) COMPLETE STREET.—The term ‘‘complete 
street’’ means a street that enables all travelers, 
particularly public transit users, bicyclists, pedes-
trians (including individuals of all ages and individ-
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uals with disabilities), and motorists, to use the 
street safely and efficiently. 
(5) COMPREHENSIVE
REGIONAL
PLAN.—The 
term ‘‘comprehensive regional plan’’ means a plan 
that— 
(A) identifies land use, transportation, 
community development, housing, economic de-
velopment, environmental, energy, and infra-
structure needs and goals in a region; 
(B) provides strategies for meeting the 
needs and goals described in subparagraph (A), 
including strategies for— 
(i) providing affordable, energy-effi-
cient, and location-efficient housing choices 
for people of all ages, incomes, races, and 
ethnicities; 
(ii) reducing growth in vehicle miles 
traveled, in order to reduce traffic conges-
tion and regional greenhouse gas emissions 
from transportation; 
(iii) encouraging economic competi-
tiveness and economic development; and 
(iv) increasing the connectivity of the 
region by increasing public transportation 
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ridership and improving access to trans-
portation alternatives; and 
(C) prioritizes projects for funding and im-
plementation. 
(6) CONSORTIUM OF UNITS OF GENERAL LOCAL 
GOVERNMENTS.—The term ‘‘consortium of units of 
general local governments’’ means a consortium of 
geographically contiguous units of general local gov-
ernment that the Secretary determines— 
(A) represents all or part of a metropolitan 
statistical area or a micropolitan statistical 
area; 
(B) has the authority under State or local 
law to carry out planning activities, including 
surveys, land use studies, environmental or pub-
lic health analyses, and development of urban 
revitalization plans; and 
(C) has provided documentation to the 
Secretary sufficient to demonstrate that the 
purpose of the consortium is to carry out a 
project using a grant awarded under this Act. 
(7) COUNCIL.—The term ‘‘Council’’ means the 
Interagency Council on Sustainable Communities es-
tablished under section 4. 
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(8) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Housing and Urban De-
velopment. 
(9) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office of Sustainable Housing 
and Communities established under section 3. 
(10) EXTREMELY LOW-INCOME FAMILY.—The 
term ‘‘extremely low-income family’’— 
(A) means a family that has an income 
that does not exceed— 
(i) 30 percent of the median income in 
the area where the family lives, as deter-
mined by the Secretary, with appropriate 
adjustments for the size of the family; or 
(ii) a percentage of the median income 
in the area where the family lives, as deter-
mined by the Secretary upon a finding by 
the Secretary that such percentage is nec-
essary due to unusually high or low family 
incomes in the area where the family lives; 
and 
(B) includes a family that includes a per-
son with special needs, including an elderly per-
son or a person with disabilities, as those terms 
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are defined in section 3(b) of the United States 
Housing Act of 1937 (42 U.S.C. 1437a(b)). 
(11) HIGH-POVERTY AREA.—The term ‘‘high- 
poverty area’’ means a census tract, or a group of 
contiguous census tracts, that has a poverty rate of 
20 percent or more. 
(12) LIVABLE COMMUNITY.—The term ‘‘livable 
community’’ means a metropolitan, urban, suburban, 
rural, or neighborhood community that— 
(A) provides safe and reliable transpor-
tation choices; 
(B) provides affordable, energy-efficient, 
and location-efficient housing choices for people 
of all ages, incomes, races, and ethnicities; 
(C) supports, revitalizes, and encourages 
the growth of existing communities and maxi-
mizes the cost effectiveness of existing infra-
structure; 
(D) promotes economic development and 
economic competitiveness; 
(E) preserves the environment and natural 
resources; 
(F) protects agricultural land, rural land, 
and green spaces; and 
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(G) supports public health and improves 
the quality of life for residents of and workers 
in the community. 
(13) LOCATION-EFFICIENT.—The term ‘‘loca-
tion-efficient’’ characterizes development, housing, or 
neighborhoods that integrate land use, mixed-use 
housing and commercial development, employment, 
and transportation— 
(A) to enhance mobility; 
(B) to encourage transit-oriented develop-
ment; 
(C) to encourage infill development and the 
use of existing infrastructure; and 
(D) to reduce growth in vehicle miles trav-
eled and the transportation costs and energy re-
quirements associated with ownership or rental 
of a home. 
(14) LOW-INCOME FAMILY.—The term ‘‘low-in-
come family’’— 
(A) has the same meaning as in section 
3(b) of the United States Housing Act of 1937 
(42 U.S.C. 1437a(b)); and 
(B) includes a low-income family with a 
person with special needs, including an elderly 
person or a person with disabilities, as those 
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terms are defined section 3(b) of the United 
States Housing Act of 1937 (42 U.S.C. 
1437a(b)). 
(15) METROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘‘metropolitan planning organiza-
tion’’ has the meaning given that term in section 
134(b) of title 23, United States Code, and section 
5303(b) of title 49, United States Code. 
(16) METROPOLITAN STATISTICAL AREA.—The 
term ‘‘metropolitan statistical area’’ means a county 
or group of counties that— 
(A) is designated by the Office of Manage-
ment and Budget as a metropolitan statistical 
area; and 
(B) has 1 or more large population centers 
with a population of not less than 50,000 and 
adjacent territory with a high level of integra-
tion with the core. 
(17) MICROPOLITAN STATISTICAL AREA.—The 
term ‘‘micropolitan statistical area’’ means a county 
or group of counties that— 
(A) is designated by the Office of Manage-
ment and Budget as a micropolitan statistical 
area; and 
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(B) has 1 or more large urban clusters 
with a population of not less than 10,000 and 
not more than 50,000. 
(18) OFFICE.—The term ‘‘Office’’ means the 
Office of Sustainable Housing and Communities es-
tablished under section 3. 
(19) REGIONAL COUNCIL.—The term ‘‘regional 
council’’ means a multi-service regional organization 
with State and locally defined boundaries that is— 
(A) accountable to units of general local 
government; 
(B) delivers a variety of Federal, State, 
and local programs; and 
(C) performs planning functions and pro-
vides professional and technical assistance. 
(20) RURAL
PLANNING
ORGANIZATION.—The 
term ‘‘rural planning organization’’ means a vol-
untary organization of local elected officials and rep-
resentatives of local transportation systems that— 
(A) works in cooperation with the depart-
ment of transportation (or equivalent entity) of 
a State to plan transportation networks and ad-
vise officials of the State on transportation 
planning; and 
(B) is located in a rural area— 
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(i) with a population of not less than 
5,000; and 
(ii) that is not located in an area rep-
resented by a metropolitan planning orga-
nization. 
(21) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Housing and Urban Develop-
ment. 
(22) STATE.—The term ‘‘State’’ means the sev-
eral States, the District of Columbia, Puerto Rico, 
Guam, the Northern Mariana Islands, the Virgin Is-
lands, American Samoa, and the Trust Territory of 
the Pacific Islands. 
(23) SUSTAINABLE DEVELOPMENT.—The term 
‘‘sustainable development’’ means a pattern of re-
source use designed to create livable communities 
by— 
(A) providing a variety of safe and reliable 
transportation choices; 
(B) providing affordable, energy-efficient, 
and location-efficient housing choices for people 
of all income levels, ages, races, and ethnicities; 
(C) supporting, revitalizing, and encour-
aging the growth of communities and maxi-
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mizing the cost effectiveness of existing infra-
structure; 
(D) promoting economic development and 
economic competitiveness; 
(E) preserving the environment and nat-
ural resources; 
(F) protecting agricultural land, rural 
land, and green spaces; and 
(G) supporting public health and improv-
ing the quality of life for residents of and work-
ers in a community. 
(24) TRANSIT-ORIENTED DEVELOPMENT.—The 
term ‘‘transit-oriented development’’ means high- 
density, walkable, mixed-use development (including 
commercial development, affordable housing, and 
market-rate housing) that is within walking distance 
of and accessible to 1 or more public transportation 
facilities. 
(25) UNIT
OF
GENERAL
LOCAL
GOVERN-
MENT.—The term ‘‘unit of general local govern-
ment’’ means— 
(A) a city, county, town, township, parish, 
village, or other general purpose political sub-
division of a State; or 
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(B) a combination of general purpose polit-
ical subdivisions, as determined by the Sec-
retary. 
(26) UNIT OF SPECIAL PURPOSE LOCAL GOV-
ERNMENT.—The term ‘‘unit of special purpose local 
government’’— 
(A) means a division of a unit of general 
purpose government that serves a special pur-
pose and does not provide a broad array of 
services; and 
(B) includes an entity such as a school dis-
trict, a housing agency, a transit agency, and a 
parks and recreation district. 
(27) VERY
LOW-INCOME
FAMILY.—The term 
‘‘very low-income family’’— 
(A) has the same meaning as in section 
3(b) of the United States Housing Act of 1937 
(42 U.S.C. 1437a(b)); and 
(B) includes a very low-income family with 
a person with special needs, including an elderly 
person or a person with disabilities, as those 
terms are defined section 3(b) of the United 
States Housing Act of 1937 (42 U.S.C. 
1437a(b)). 
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(28) WORKFORCE HOUSING.—The term ‘‘work-
force housing’’ means housing, the cost of which 
does not exceed 30 percent of— 
(A) 120 percent of the median income in 
the area where the family lives, as determined 
by the Secretary, with appropriate adjustments 
for the size of family; or 
(B) a percentage, as determined by the 
Secretary, of the median income in the area 
where the family lives, upon a finding by the 
Secretary that such percentage is necessary due 
to unusually high or low family incomes in the 
area where the family lives. 
SEC. 3. OFFICE OF SUSTAINABLE HOUSING AND COMMU-
NITIES. 
(a) OFFICE ESTABLISHED.—There is established in 
the Department an Office of Sustainable Housing and 
Communities, which shall— 
(1) coordinate Federal policies and initiatives 
that foster livable communities, including— 
(A) encouraging sustainable development 
at the State, regional, and local levels; 
(B) encouraging the development of com-
prehensive regional plans; 
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(C) fostering energy-efficient communities 
and housing; 
(D) providing affordable, location-efficient 
housing choices for people of all ages, incomes, 
races, and ethnicities, particularly for low-, very 
low-, and extremely low-income families; and 
(E) working with the Federal Transit Ad-
ministration of the Department of Transpor-
tation to— 
(i) encourage transit-oriented develop-
ment; and 
(ii) coordinate Federal housing, com-
munity development, and transportation 
policies; 
(2) conduct research and advise the Secretary 
on the research agenda of the Department relating 
to sustainable development; 
(3) provide administrative support for participa-
tion by the Secretary in the activities of the Council; 
(4) implement and oversee the grant programs 
established under this Act by— 
(A) developing grant applications for each 
grant program; 
(B) promulgating regulations relating to 
each grant program; 
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(C) selecting recipients of grants under 
each grant program; 
(D) creating performance measures for re-
cipients of grants under each grant program; 
(E) developing technical assistance and 
other guidance to assist recipients of grants and 
potential applicants for grants under each grant 
program; 
(F) monitoring and evaluating the per-
formance of recipients of grants under each 
grant program; and 
(G) carrying out such other activities relat-
ing to the administration of the grant programs 
under this Act as the Secretary determines are 
necessary; 
(5) provide guidance, information on best prac-
tices, and technical assistance to communities seek-
ing to adopt sustainable development policies and 
practices; 
(6) provide guidance and technical assistance to 
communities seeking to prepare applications for the 
comprehensive planning grant program under sec-
tion 5; 
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(7) administer initiatives of the Department re-
lating to the policies described in paragraph (1), as 
determined by the Secretary; and 
(8) coordinate with and conduct outreach to 
other Federal agencies, including the Federal Tran-
sit Administration of the Department of Transpor-
tation and the Office of Smart Growth of the Envi-
ronmental Protection Agency, on sustainability 
issues. 
(b) DIRECTOR.—The head of the Office shall be the 
Director of the Office of Sustainable Housing and Com-
munities. 
(c) DUTIES RELATING TO GRANT PROGRAMS.— 
(1) IN GENERAL.—The Director, in coordina-
tion with the Council or a working group established 
by the Council under section 4(b)(6), shall carry out 
the grant programs established under this Act. 
(2) INTERIM WORKING GROUP.—During the pe-
riod between the date of enactment of this Act and 
the date on which a memorandum of understanding 
is signed under section 4(a)(7), in carrying out the 
grant programs under this Act, the Secretary shall 
consult with an interim working group that includes 
the Secretary of Transportation, the Administrator 
of the Environmental Protection Agency (or the des-
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ignee of such Secretary or Administrator), and rep-
resentatives from such other Federal agencies, de-
partments, or offices, as the President may deter-
mine. 
(3) TECHNICAL
ASSISTANCE
FOR
GRANT
RE-
CIPIENTS AND APPLICANTS.—The Director may— 
(A) coordinate with the members of the 
Council to establish interagency and multidisci-
plinary teams to provide technical assistance to 
recipients of and prospective applicants for 
grants under this Act; 
(B) make contracts with third parties to 
provide technical assistance to grant recipients 
and prospective applicants for grants; and 
(C) establish a technical assistance pro-
gram for prospective applicants, particularly 
prospective applicants from smaller commu-
nities, preparing to apply for grants under sec-
tion 5. 
(d) REPORT ON HOUSING LOCATION AFFORDABILITY 
INDEX.— 
(1) STUDY.—The Director shall conduct a 
study on— 
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(A) the development of a housing location 
affordability index that includes housing and 
transportation costs; and 
(B) ways in which the affordability index 
described in subparagraph (A) could be made 
available to the public to inform consumers of 
the combined costs of housing and transpor-
tation. 
(2) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Director shall 
submit to the Committee on Banking, Housing, and 
Urban Affairs of the Senate and the Committee on 
Financial Services of the House of Representatives 
a report on the study under paragraph (1). 
(e) REPORT
ON INCENTIVES
FOR ENERGY-EFFI-
CIENT MORTGAGES
AND LOCATION-EFFICIENT MORT-
GAGES.— 
(1) DEFINITIONS.—In this subsection— 
(A) 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 pro-
jected to be realized by the borrower as a result 
of cost-effective energy-saving design, construc-
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(2) STUDY.— 
(A) IN GENERAL.—The Director shall con-
duct a study on incentives for encouraging lend-
ers to make, and homebuyers and homeowners 
to participate in, energy-efficient mortgages and 
location-efficient mortgages, including— 
(i) fee reductions; 
(ii) fee waivers; 
(iii) interest rate reductions; and 
(iv) adjustment of mortgage qualifica-
tions. 
(B) CONSIDERATIONS.—In studying the 
incentives under subparagraph (A), the Sec-
retary shall consider the potential for lower risk 
of default on energy-efficient mortgages and lo-
cation-efficient mortgages in comparison to 
mortgages that are not energy-efficient or loca-
tion-efficient. 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Director shall 
submit to the Committee on Banking, Housing, and 
Urban Affairs of the Senate and the Committee on 
Financial Services of the House of Representatives 
a report on the study under paragraph (2). 
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(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as may be necessary to carry out this section. 
SEC. 4. INTERAGENCY COUNCIL ON SUSTAINABLE COMMU-
NITIES. 
(a) ESTABLISHMENT OF COUNCIL.— 
(1) ESTABLISHMENT.—There is established in 
the executive branch an independent entity to be 
known as the Interagency Council on Sustainable 
Communities. 
(2) MEMBERS.— 
(A) IN
GENERAL.—The members of the 
Council are— 
(i) the Secretary, the Secretary of 
Transportation, and the Administrator of 
the Environmental Protection Agency; and 
(ii) such representatives from other 
Federal agencies, departments, or offices 
in the executive branch as the President 
may prescribe. 
(B) DESIGNEES.— 
(i) IN GENERAL.—The head of a Fed-
eral agency described in subparagraph (A) 
may select a designee to serve in the place 
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of the head of the Federal agency on the 
Council. 
(ii) QUALIFICATIONS.—The head of a 
Federal agency that selects a designee 
under clause (i) shall ensure that the des-
ignee has the appropriate experience and 
authority to serve on the Council. 
(C) PAY.—The members of the Council 
shall serve with no additional pay. 
(3) CHAIRPERSON.— 
(A) CHAIRPERSON.—The Chairperson of 
the Council shall be, in successive terms— 
(i) the Secretary; 
(ii) the Secretary of Transportation; 
and 
(iii) the Administrator of the Environ-
mental Protection Agency. 
(B) DUTIES.—The Chairperson shall— 
(i) set the time, date, and location of 
each meeting of the Council; and 
(ii) in consultation with the members 
of the Council, set the agenda for each 
meeting of the Council. 
(C) TERM.—The Chairperson shall serve 
for a term of 1 year. 
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(D) FIRST CHAIRPERSON.—The Secretary 
shall be the first individual to serve as Chair-
person after the date of enactment of this Act. 
(4) EXECUTIVE DIRECTOR AND STAFF.— 
(A) EXECUTIVE DIRECTOR.— 
(i) APPOINTMENT
AND
COMPENSA-
TION.—The Council shall appoint an Exec-
utive Director, who shall be compensated 
at a rate not to exceed the rate of basic 
pay for level V of the Executive Schedule 
under section 5316 of title 5, United 
States Code. 
(ii) SENSE OF CONGRESS.—It is the 
sense of Congress that the Council should 
appoint an Executive Director not later 
than 90 days after the date of enactment 
of this Act. 
(B) ADDITIONAL
PERSONNEL.—With the 
approval of the Council, the Executive Director 
of the Council may appoint and fix the com-
pensation of such additional personnel as the 
Executive Director determines are necessary to 
carry out the duties of the Council. 
(C) DETAILEES FROM OTHER AGENCIES.— 
Upon request of the Council, the head of any 
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Federal agency may detail any of the personnel 
of such agency to the Council to assist the 
Council in carrying out its duties under this 
section. 
(D) EXPERTS AND CONSULTANTS.—With 
the approval of the Council, the Executive Di-
rector of the Council may procure temporary 
and intermittent services pursuant to section 
3109(b) of title 5, United States Code. 
(5) CONSULTATION WITH ADDITIONAL SECRE-
TARIES AND ADMINISTRATORS.— 
(A) CONSULTATION.—In carrying out its 
duties under this section, the Council may con-
sult with the heads of departments, agencies, 
and offices in the executive branch, including 
the Secretary of Energy, the Secretary of Edu-
cation, the Secretary of Agriculture, the Sec-
retary of Health and Human Services, the Sec-
retary of Commerce, the Chairman of the Coun-
cil on Environmental Quality, and the Director 
of the White House Office of Urban Affairs. 
(B) PARTICIPATION
IN
MEETINGS
OF 
COUNCIL.—The head of a department, agency, 
or office with whom the Council consults under 
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subparagraph (A) may participate in a meeting 
of the Council. 
(C) INFORMATION SHARING.—The head of 
each Federal agency shall make available to the 
Council such information as may be necessary 
for the Council to carry out its duties under 
this section. 
(6) MEETINGS.—The Council shall meet— 
(A) not later than 90 days after the date 
of enactment of this Act; and 
(B) not less frequently than 3 times each 
year. 
(7) GOVERNANCE.—Not later than 120 days 
after the date of enactment of this Act, the members 
of the Council shall develop and sign a memorandum 
of understanding that establishes rules relating to 
the governance of the Council, including rules relat-
ing to the process by which decisions of the Council 
are made. 
(8) INCORPORATION
OF
WORK
OF
INTERIM 
WORKING GROUP.—Any activities carried out by an 
interim working group pursuant to section 3(c)(2) 
shall be incorporated into the activities of the Coun-
cil, effective on the date the memorandum of under-
standing under paragraph (7) is signed. 
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(1) an updated analysis of impediments to sus-
tainable development, as described in subsection 
(c)(2)(A); and 
(2) a description of actions taken by the Fed-
eral Government to implement the recommendations 
made by the Council in the report under subsection 
(c)(2)(B). 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
SEC. 5. COMPREHENSIVE PLANNING GRANT PROGRAM. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘eligible entity’’ means a partner-
ship between a consortium of units of general local 
government and an eligible partner; 
(2) the term ‘‘eligible partner’’ means— 
(A) a metropolitan planning organization, 
a rural planning organization, or a regional 
council; or 
(B) a metropolitan planning organization, 
a rural planning organization, or a regional 
council, and a State; and 
(3) the term ‘‘grant program’’ means the com-
prehensive planning grant program established 
under subsection (b). 
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(b) COMPREHENSIVE PLANNING GRANT PROGRAM 
ESTABLISHED.—The Director shall establish a com-
prehensive planning grant program to make grants to eli-
gible entities to carry out a project to— 
(1) coordinate land use, housing, transpor-
tation, and infrastructure planning processes across 
jurisdictions and agencies; 
(2) identify potential regional partnerships for 
developing and implementing a comprehensive re-
gional plan; 
(3) conduct or update housing, infrastructure, 
transportation, energy, and environmental assess-
ments to determine regional needs and promote sus-
tainable development; 
(4) develop or update— 
(A) a comprehensive regional plan; or 
(B) goals and strategies to implement an 
existing comprehensive regional plan; and 
(5) implement local zoning and other code 
changes necessary to implement a comprehensive re-
gional plan and promote sustainable development. 
(c) GRANTS.— 
(1) AMOUNT OF GRANTS.— 
(A) MICROPOLITAN
STATISTICAL
AREAS 
AND
SMALL
METROPOLITAN
STATISTICAL 
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AREAS.—The amount awarded under the grant 
program to an eligible entity that represents all 
or part of a micropolitan area, or a metropoli-
tan statistical area with a population of not 
more than 200,000, may not exceed $750,000. 
(B) MID-SIZED
METROPOLITAN
STATIS-
TICAL AREAS.—The amount awarded under the 
grant program to an eligible entity that rep-
resents all or part of a metropolitan statistical 
area with a population of more than 200,000 
and less than 500,000 may not exceed 
$1,500,000. 
(C) LARGE
METROPOLITAN
STATISTICAL 
AREAS.—The amount awarded under the grant 
program to an eligible entity that represents all 
or part of a metropolitan statistical area with a 
population of 500,000 or more may not exceed 
$5,000,000. 
(2) FEDERAL SHARE.—The Federal share of 
the cost of a project carried out using a grant under 
the grant program may not exceed 80 percent. 
(3) AVAILABILITY OF FUNDS.— 
(A) IN GENERAL.—An eligible entity that 
receives a grant under the grant program 
shall— 
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(i) obligate any funds received under 
the grant program not later than 3 years 
after the date on which the grant agree-
ment under subsection (g) is made; and 
(ii) expend any funds received under 
the grant program not later than 4 years 
after the date on which the grant agree-
ment under subsection (g) is made. 
(B) UNOBLIGATED
AMOUNTS.—After the 
date described in subparagraph (A)(i), the Sec-
retary may award to another eligible entity, to 
carry out activities under this section, any 
amounts that an eligible entity has not obli-
gated under subparagraph (A)(i). 
(d) APPLICATION.— 
(1) IN GENERAL.—An eligible entity that de-
sires a grant under the grant program shall submit 
to the Director an application at such time and in 
such manner as the Director shall prescribe. 
(2) CONTENTS.—Each application shall con-
tain— 
(A) a description of the project proposed to 
be carried out by the eligible entity; 
(B) a budget for the project that includes 
the anticipated Federal share of the cost of the 
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project and a description of the source of the 
non-Federal share; 
(C) a signed copy of a memorandum of un-
derstanding among local jurisdictions, includ-
ing, as appropriate, a State, units of general 
purpose local government, units of special pur-
pose local government, metropolitan planning 
organizations, rural planning organizations, and 
regional councils that demonstrates— 
(i) the creation of a consortium of 
units of general local government; 
(ii) a commitment to develop a com-
prehensive regional plan; and 
(iii) a commitment to implement the 
plan after it is developed; 
(D) a certification that the eligible entity 
has created, or will create not later than 1 year 
after the date of the grant award, a regional 
advisory board to provide input and feedback on 
the development of the comprehensive regional 
plan that includes, as appropriate, representa-
tives of a State, the metropolitan planning or-
ganization, the rural planning organization, the 
regional council, public transportation agencies, 
public housing agencies, economic development 
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authorities, other local governments, environ-
mental agencies, public health agencies, the 
nonprofit community, the private sector, com-
munity-based organizations, citizen groups, 
neighborhood groups, and members of the pub-
lic; 
(E) a certification that the eligible entity 
has solicited public comment on the contents of 
the project description under subparagraph (A) 
that includes— 
(i) a certification that the eligible en-
tity has held 1 or more public hearings; 
(ii) a description of the process for re-
ceiving public comment; 
(iii) a summary of the comments re-
ceived; and 
(iv) such other information as the Di-
rector may require; 
(F) a description of how the eligible entity 
will carry out the activities under subsection (f); 
and 
(G) such additional information as the Di-
rector may require. 
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(e) SELECTION.—In evaluating an application for a 
grant under the grant program, the Director shall con-
sider the extent to which the application— 
(1) furthers the creation of livable communities; 
(2) demonstrates the technical capacity of the 
eligible entity to carry out the project; 
(3) demonstrates the extent to which the con-
sortium has developed partnerships throughout an 
entire micropolitan or metropolitan statistical area, 
including, as appropriate, partnerships with the enti-
ties described in subsection (d)(2)(D); 
(4) demonstrates a commitment to— 
(A) sustainable development; 
(B) location-efficient and transit-oriented 
development; 
(C) developing new capacity for public 
transportation and increasing ridership on pub-
lic transportation; 
(D) providing affordable, energy-efficient, 
and location-efficient housing choices for fami-
lies of all ages, incomes, races, and ethnicities; 
(E) creating and preserving long-term af-
fordable, energy-efficient, and location-efficient 
housing for low-, very low-, and extremely low- 
income families; 
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(F) revitalizing communities, neighbor-
hoods and commercial centers supported by ex-
isting infrastructure; 
(G) monitoring and improving environ-
mental quality, including air and water quality, 
energy use, greenhouse gas emissions, and the 
redevelopment of brownfields; and 
(H) coordinating the provision of transpor-
tation services to elderly, disabled, and low-in-
come populations; 
(5) demonstrates a plan for implementing a 
comprehensive regional plan through regional infra-
structure investment plans and local land use plans; 
(6) promotes diversity among the geographic re-
gions and the sizes of the population of the commu-
nities served by recipients of grants under this sec-
tion; 
(7) promotes economic benefits; 
(8) demonstrates that a Federal grant is nec-
essary to accomplish the project proposed to be car-
ried out; 
(9) has a high quality overall; and 
(10) demonstrates such other qualities as the 
Director may determine. 
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(f) ELIGIBLE ACTIVITIES.—An eligible entity that re-
ceives a grant under this section shall carry out a project 
that includes 1 or more of the following activities: 
(1) Planning and coordinating across jurisdic-
tions in the region to develop a comprehensive re-
gional plan. 
(2) Developing achievable goals and strategies 
for carrying out the comprehensive regional plan, in-
cluding— 
(A) land use, zoning, and other code re-
form, including reform of conservation zoning 
in agricultural and other natural resource 
areas; 
(B) promoting efficient land use, mixed- 
use development, and the preservation of agri-
cultural, green, and open space; 
(C) increasing access to and ridership on 
public transportation; 
(D) the creation and preservation of work-
force housing and affordable housing for low-, 
very low-, and extremely low-income families, 
including housing with access to jobs and public 
transportation; 
(E) promoting economic development and 
transit-oriented development; 
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(F) revitalizing communities; and 
(G) promoting environmental protection 
and public health and reducing greenhouse gas 
emissions. 
(3) Developing a plan that outlines feasible 
steps for implementing the comprehensive regional 
plan, including making interjurisdictional agree-
ments that provide for cooperative and coordinated 
approaches to achieving the goals of the plan. 
(4) Assessing projected regional population 
growth or loss and demographic changes. 
(5) Assessing how the regional population 
growth or loss and demographic changes will impact 
the need for housing, community development, and 
transportation, including public transportation in the 
region. 
(6) Assessing the accessibility of job centers 
within the region to public transportation facilities 
and housing. 
(7) Assessing transportation options in the re-
gion, including— 
(A) public transportation options; 
(B) options for people with low incomes, 
people living in high-poverty areas, elderly peo-
ple, and people with disabilities; and 
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(C) any obstacles to providing access to lo-
cations that offer employment opportunities. 
(8) Developing techniques to inform decision 
makers on how growth of population and employ-
ment, development patterns, and investments in 
transportation infrastructure are likely to affect 
travel, congestion, air quality, and quality of life. 
(9) Assessing the daily vehicle miles traveled in 
the region and opportunities for reducing the growth 
in daily vehicle miles traveled and traffic congestion. 
(10) Assessing housing needs, including the 
need for workforce housing and affordable housing 
for low-, very low-, and extremely low-income fami-
lies, and the availability of housing in the region to 
meet such needs. 
(11) Assessing the need to create, preserve, and 
improve long-term affordable housing for low-, very 
low-, and extremely low-income families and families 
that utilize workforce housing in areas that— 
(A) are undergoing redevelopment or car-
rying out transit-oriented development; and 
(B) have access to services including trans-
portation (particularly public transportation), 
neighborhood commercial centers, and medical 
services. 
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(12) Assessing methods for lowering the com-
bined cost of housing and transportation for families 
in the region, particularly for families that utilize 
workforce housing and for low-, very low-, and ex-
tremely low-income families. 
(13) Assessing existing infrastructure and in-
frastructure needs in the region, including projected 
water needs and sources, the need for sewer infra-
structure, and the existence of flood plains. 
(14) Assessing local land use and zoning poli-
cies and opportunities for revising or expanding such 
policies to implement a comprehensive regional plan. 
(15) Assessing the opportunity to revitalize ex-
isting communities, including infill development. 
(16) Assessing environmental and public health 
needs in the region and potential strategies for re-
ducing greenhouse gas emissions, improving air and 
water quality, and remediating brownfield sites. 
(17) Assessing projected loss of agricultural 
and rural land and other green space in the region 
to development, and methods to minimize such loss. 
(18) Evaluating any tools or resources that are 
available to address regional needs identified in an 
assessment under any of paragraphs (4) through (7) 
and (9) through (17) and to monitor progress in 
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meeting such needs, including any existing sources 
of funding and any sources of funding that are lack-
ing. 
(19) Implementing land use, zoning, and other 
code reforms to promote location efficiency and sus-
tainable development. 
(20) Other activities consistent with the pur-
poses of this Act, as determined by the Director. 
(g) GRANT AGREEMENT.—Each eligible entity that 
receives a grant under this section shall agree to establish, 
in coordination with the Director, performance measures 
that must be met at the end of each year in which the 
eligible entity receives funds under the grant program. 
(h) VIOLATION OF GRANT AGREEMENT.—If the Di-
rector determines that an eligible entity has not met the 
performance measures established under subsection (g), is 
not making reasonable progress toward meeting such 
measures, or is otherwise in violation of the grant agree-
ment, the Director may— 
(1) withhold financial assistance until the per-
formance measures are met; or 
(2) terminate the grant agreement. 
(i) SUSTAINABILITY CHALLENGE GRANTS.—An eligi-
ble entity that receives a grant under this section and has 
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created a comprehensive regional plan may apply for a 
sustainability challenge grant under section 6. 
(j) REPORTS REQUIRED.— 
(1) ANNUAL REPORT.—Not later than 60 days 
after the end of the first year after the grant agree-
ment is made under subsection (g), and each year 
thereafter, an eligible entity that receives a grant 
under this section shall submit to the Director a 
progress report that contains— 
(A) a description of any progress made to-
ward meeting the performance measures estab-
lished under subsection (g), including— 
(i) a description of any partnership 
created across policy and governmental ju-
risdictions and a description of any task 
force or multiagency group established by 
the eligible entity at the regional level; and 
(ii) a description of— 
(I) housing, land use, transpor-
tation, public transportation, energy, 
infrastructure, 
and 
environmental 
needs in the region; or 
(II) the obstacles encountered 
that prevented the eligible entity from 
completing a comprehensive evalua-
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tion of housing, land use, transpor-
tation, public transportation, energy, 
infrastructure, 
and 
environmental 
needs, and a date by which the eligible 
entity expects to complete the evalua-
tion; 
(B) a description of any planning goals for 
the region that address housing, transportation, 
public transportation, energy, infrastructure, 
and environmental needs; 
(C) a description of— 
(i) a strategy for meeting the goals 
described in subparagraph (B), including a 
discussion 
of 
potential 
transportation, 
housing, transit-oriented development, en-
ergy, infrastructure, or environmental ac-
tivities; or 
(ii) the obstacles encountered that 
prevented the eligible entity from com-
pleting a strategy for meeting the goals 
identified under clause (i) and a date by 
which the eligible entity expects to com-
plete the strategy; and 
(D) any other information the Director 
may require. 
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(2) FINAL REPORT.—Not later than 90 days 
after the date on which the grant agreement under 
subsection (g) expires, an eligible entity that receives 
a grant under this section shall submit to the Direc-
tor a final report that contains— 
(A) a description of a comprehensive re-
gional plan that includes specific projects that 
will help meet housing, transportation, energy, 
infrastructure, and environmental goals for the 
region; 
(B) a detailed description of how the plan 
under subparagraph (A) meets the performance 
measures established under subsection (g); 
(C) a plan for next steps to be taken by 
the eligible entity, including whether the eligible 
entity intends to apply for a sustainability chal-
lenge grant under section 6; and 
(D) any other information the Director 
may require. 
(k) AUTHORIZATION OF APPROPRIATIONS.— 
(1) AUTHORIZATION.—There are authorized to 
be appropriated to the Secretary for the award of 
grants under this section, $100,000,000 for each of 
fiscal years 2011 through 2014, to remain available 
until expended. 
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(2) TECHNICAL
ASSISTANCE.—The Director 
may use 2 percent of the amounts made available 
under this subsection for a fiscal year for technical 
assistance under section 3(c)(3). 
SEC. 6. SUSTAINABILITY CHALLENGE GRANT PROGRAM. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘eligible entity’’ means a partner-
ship between a consortium of units of general local 
government and an eligible partner; 
(2) the term ‘‘eligible partner’’ means— 
(A) a metropolitan planning organization, 
a rural planning organization, or a regional 
council; or 
(B) a metropolitan planning organization, 
a rural planning organization, or a regional 
council, and a State; and 
(3) the term ‘‘grant program’’ means the sus-
tainability challenge grant program established 
under subsection (b). 
(b) SUSTAINABILITY CHALLENGE GRANT PROGRAM 
ESTABLISHED.—The Director shall establish a sustain-
ability challenge grant program to make grants to eligible 
entities to— 
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area with a population of 500,000 may not exceed 
$100,000,000. 
(4) FEDERAL SHARE.—The Federal share of 
the cost of a project under this section may not ex-
ceed 80 percent. 
(5) AVAILABILITY OF FUNDS.— 
(A) IN GENERAL.—An eligible entity that 
receives a grant under the grant program 
shall— 
(i) obligate any funds received under 
the grant program not later than 3 years 
after the date on which the grant agree-
ment under subsection (g) is made; and 
(ii) expend any funds received under 
the grant program not later than 5 years 
after the date on which the grant agree-
ment under subsection (g) is made. 
(B) UNOBLIGATED
AMOUNTS.—After the 
date described in subparagraph (A)(i), the Sec-
retary may award to another eligible entity, to 
carry out activities under this section, any 
amounts that an eligible entity has not obli-
gated under subparagraph (A)(i). 
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(d) APPLICATION.—An eligible entity that desires a 
grant under this section shall submit to the Director an 
application that contains— 
(1) a copy of the comprehensive regional plan, 
whether developed as part of the comprehensive 
planning grant program under section 5 or devel-
oped independently; 
(2) a description of the project or projects pro-
posed to be carried out using a grant under the 
grant program; 
(3) a description of any preliminary actions 
that have been or must be taken at the local or re-
gional level to implement the project or projects 
under paragraph (2), including the revision of land 
use or zoning policies; 
(4) a signed copy of a memorandum of under-
standing among local jurisdictions, including, as ap-
propriate, a State, units of general purpose local 
government, units of special purpose local govern-
ment, metropolitan planning organizations, rural 
planning organizations, and regional councils that 
demonstrates— 
(A) the creation of a consortium of units 
of general local government; and 
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(B) a commitment to implement the activi-
ties described in the comprehensive regional 
plan; 
(5) a certification that the eligible entity has so-
licited public comment on the contents of the project 
description under paragraph (2) that includes— 
(A) a certification that the eligible entity 
has held 1 or more public hearings; 
(B) a description of the process for receiv-
ing public comment; 
(C) a summary of the comments received; 
and 
(D) such other information as the Director 
may require; 
(6) a budget for the project that includes the 
Federal share of the cost of the project or projects 
requested and a description of the source of the non- 
Federal share; and 
(7) such additional information as the Director 
may require. 
(e) SELECTION.—In evaluating an application for a 
grant under the grant program, the Director shall con-
sider the extent to which the application— 
(1) furthers the creation of livable communities; 
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(2) demonstrates the technical capacity of the 
eligible entity to carry out the project; 
(3) demonstrates the extent to which the eligi-
ble entity has developed partnerships throughout an 
entire micropolitan or metropolitan statistical area, 
including partnerships with units of special purpose 
local government and public transportation agencies; 
(4) demonstrates clear and meaningful inter-
jurisdictional cooperation and coordination of hous-
ing, transportation, and environmental policies and 
plans; 
(5) demonstrates a commitment to imple-
menting a comprehensive regional plan and docu-
ments action taken or planned to implement the 
plan, including— 
(A) rezoning or other changes to land use 
controls to enable mixed-use, mixed-income de-
velopment; 
(B) planned or proposed public transpor-
tation investments, including— 
(i) financial contributions for capital 
and operating costs of public transpor-
tation; 
(ii) improvements for bicycle riders 
and pedestrians; 
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(iii) action taken to increase the num-
ber of trips made using public transpor-
tation and bicycles and by walking; and 
(iv) special efforts to address the 
needs of elderly, disabled, and low-income 
populations, including populations in rural 
areas; 
(C) investment in and actions relating to 
plans or proposals for incentives, subsidies, or 
requirements for developers to create and pre-
serve affordable housing, including— 
(i) workforce housing and affordable 
housing for low-income families, particu-
larly housing in mixed-income, location-ef-
ficient neighborhoods with transit-oriented 
development and access to public transpor-
tation, employment, and commercial and 
other services; and 
(ii) affordable housing for very low- 
and extremely low-income families, particu-
larly housing in mixed-income, location-ef-
ficient neighborhoods with transit-oriented 
development; 
(D) actions taken to promote transit-ori-
ented development, including plans or proposals 
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for zoning, or for incentives, subsidies, or re-
quirements for developers; and 
(E) planned or proposed incentives, sub-
sidies, or requirements designed to preserve ag-
ricultural and rural land and other green space, 
including planned or proposed programs for the 
purchase of development rights; 
(6) minimizes the Federal share necessary to 
carry out the project; 
(7) identifies original and innovative ideas to 
overcoming regional problems, including local land 
use and zoning (or other code) obstacles to carrying 
out the comprehensive regional plan; 
(8) promotes location-efficient development 
through— 
(A) mixed-income, mixed-use residential 
and commercial development that is accessible 
to jobs and public transportation; or 
(B) development that is pedestrian-friendly 
and includes complete street projects; 
(9) promotes diversity among the geographic re-
gions and the sizes of the population of the commu-
nities served by recipients of grants under this sec-
tion; 
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(10) demonstrates that a Federal grant is nec-
essary to accomplish the project or projects proposed 
to be carried out; 
(11) has a high quality overall; and 
(12) demonstrates such other qualities as the 
Director may determine. 
(f) GRANT ACTIVITIES.— 
(1) PLANNING ACTIVITIES.—An eligible entity 
that receives a grant under the grant program may 
use not more than 10 percent of the grant for plan-
ning activities. 
(2) PROJECTS AND INVESTMENTS.—An eligible 
entity that receives a grant under the grant program 
shall carry out 1 or more projects that— 
(A) are designed to achieve goals identified 
in a comprehensive regional plan; and 
(B) promote livable communities through 
investment in— 
(i) transit-oriented development; 
(ii) transportation infrastructure and 
facilities, including public transportation, 
projects that improve access to public 
transportation, structured parking near 
public transportation, and complete street 
projects; 
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(iii) short-term operating funds to ini-
tiate a demonstration of new public trans-
portation services; 
(iv) promotion of employer-based com-
muter benefit programs to increase public 
transportation ridership; 
(v) promotion of trip reduction pro-
grams and the use of transportation alter-
natives; 
(vi) creating or preserving affordable 
housing for low-, very low-, and extremely 
low-income 
families 
in 
mixed-income, 
mixed-use neighborhoods with access to 
public transportation; 
(vii) brownfield redevelopment, or 
other redevelopment of communities and 
commercial areas, including the main 
streets of small towns; 
(viii) infrastructure maintenance and 
improvement initiatives that support re-
gionally integrated planning and smart 
growth; 
(ix) energy efficiency retrofit projects; 
(x) land banking for transit-oriented 
development; 
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