103 
construction and installation in such projects of distributive 
energy generation measures and water efficiency measures. 
(b) PROVISION OF INFORMATION TO ENERGY INFORMA-
TION ADMINISTRATION.—The Comptroller General shall 
provide any information collected in conducting the study 
under this section to the Secretary of Energy to supplement 
information collected and maintained by the Energy Infor-
mation Administration of the Department of Energy re-
garding residential energy consumption. 
(c) REPORT.—Not later than the expiration of the 6- 
month period beginning on the date of the enactment of this 
Act, the Comptroller General shall submit a report to the 
Congress and to the Secretary of Energy setting forth the 
results and conclusions of the study under this section. 
SEC. 29. COMMUNITY BUILDING CODE ADMINISTRATION 
GRANTS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Community Building Code Administration Grant Act of 
2009’’. 
(b) GRANT PROGRAM AUTHORIZED.— 
(1) GRANT AUTHORIZATION.—The Secretary of 
Housing and Urban Development shall, to the extent 
amounts are made available for grants under this sec-
tion, provide grants to local building code enforce-
ment departments. 
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(2) COMPETITIVE AWARDS.—The Secretary shall 
award grants under paragraph (1) on a competitive 
basis pursuant to the criteria set forth in subsection 
(f), but also taking into consideration the following: 
(A) The financial need of each building code 
enforcement department. 
(B) The benefit to the jurisdiction of having 
an adequately funded building code enforcement 
department. 
(C) The demonstrated ability of each build-
ing code enforcement department to work coop-
eratively with other local code enforcement of-
fices, health departments, and local prosecutorial 
agencies. 
(3) MAXIMUM AMOUNT.—The maximum amount 
of any grant awarded under this subsection shall not 
exceed $1,000,000. 
(c) REQUIRED ELEMENTS IN GRANT PROPOSALS.—In 
order to be eligible for a grant under subsection (b), a build-
ing code enforcement department of a jurisdiction shall sub-
mit to the Secretary the following: 
(1) A demonstration of the jurisdiction’s needs in 
executing building code enforcement administration. 
(2) A plan for the use of any funds received from 
a grant under this section that addresses the needs 
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discussed in paragraph (1) and that is consistent 
with the authorized uses established in subsection (d). 
(3) A plan for local governmental actions to be 
taken to establish and sustain local building code en-
forcement administration functions, without con-
tinuing Federal support, at a level at least equivalent 
to that proposed in the grant application. 
(4) A plan to create and maintain a program of 
public outreach that includes a regularly updated and 
readily accessible means of public communication, 
interaction, and reporting regarding the services and 
work of the building code enforcement department to 
be supported by the grant. 
(5) A plan for ensuring the timely and effective 
administrative enforcement of building safety and fire 
prevention violations. 
(d) USE OF FUNDS; MATCHING FUNDS.— 
(1) AUTHORIZED USES.—Amounts from grants 
awarded under subsection (b) may be used by the 
grant recipient to supplement existing State or local 
funding for administration of building code enforce-
ment. Such amounts may be used to increase staffing, 
provide staff training, increase staff competence and 
professional qualifications, or support individual cer-
tification or departmental accreditation, or for cap-
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ital expenditures specifically dedicated to the admin-
istration of the building code enforcement department. 
(2) ADDITIONAL REQUIREMENT.—Each building 
code enforcement department receiving a grant under 
subsection (b) shall empanel a code administration 
and enforcement team consisting of at least 1 full- 
time building code enforcement officer, a city planner, 
and a health planner or similar officer. 
(3) MATCHING FUNDS REQUIRED.— 
(A) IN GENERAL.—To be eligible to receive 
a grant under this section, a building code en-
forcement department shall provide matching, 
non-Federal funds in the following amount: 
(i) In the case of a building code en-
forcement department serving an area with 
a population of more than 50,000, an 
amount equal to not less than 50 percent of 
the total amount of any grant to be award-
ed under this section. 
(ii) In the case of a building code en-
forcement department serving an area with 
a population of between 20,001 and 50,000, 
an amount equal to not less than 25 percent 
of the total amount of any grant to be 
awarded under this section 
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(iii) In the case of a building code en-
forcement department serving an area with 
a population of less than 20,000, an 
amount equal to not less than 12.5 percent 
of the total amount of any grant to be 
awarded under this section. 
(B) ECONOMIC DISTRESS.— 
(i) IN GENERAL.—The Secretary may 
waive the matching fund requirements 
under subparagraph (A), and institute, by 
regulation, new matching fund requirements 
based upon the level of economic distress of 
the jurisdiction in which the local building 
code enforcement department seeking such 
grant is located. 
(ii) CONTENT OF REGULATIONS.—Any 
regulations instituted under clause (i) shall 
include— 
(I) a method that allows for a 
comparison of the degree of economic 
distress among the local jurisdictions of 
grant applicants, as measured by the 
differences in the extent of growth lag, 
the extent of poverty, and the adjusted 
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age of housing in such jurisdiction; 
and 
(II) any other factor determined 
to be relevant by the Secretary in as-
sessing the comparative degree of eco-
nomic distress among such jurisdic-
tions. 
(4) IN-KIND
CONTRIBUTIONS.—In determining 
the non-Federal share required to be provided under 
paragraph (3), the Secretary shall consider in-kind 
contributions, not to exceed 50 percent of the amount 
that the department contributes in non-Federal funds. 
(5) WAIVER OF MATCHING REQUIREMENT.—The 
Secretary shall waive the matching fund requirements 
under paragraph (3) for any recipient jurisdiction 
that has dedicated all building code permitting fees to 
the conduct of local building code enforcement. 
(e) RATING AND RANKING OF APPLICATIONS.—Eligible 
applications will be rated and ranked according to the cri-
teria under subsection (f). All complete applications shall 
be compared to one another and points shall be assigned 
on a continuum within each criteria with the maximum 
points awarded to the application that best meets the cri-
teria. 
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(f) CRITERIA.—The criteria under this subsection are 
as follows: 
(1) NEED AND COMMUNITY BENEFIT FROM CODE 
ENFORCEMENT GRANT FUNDS.—The degree to which 
the application demonstrates the intent and means to 
ensure cooperative and effective working relationships 
between local building code enforcement officials and 
other local agencies, as well as a community-oriented 
approach to building code enforcement, with points 
awarded as follows: 
Description 
Maximum Points 
A detailed description of the capital expenditures to 
be acquired with grant funds and a demonstration 
that the items’ costs are reasonable. 
0–10 
The jurisdiction’s need for the capital expenditure 
and how the grant funds will fulfill this need. 
0–10 
The joint benefits provided by the proposed expendi-
ture for the following groups or activities. Provide 
a brief explanation of the benefit. (1 point will be 
awarded for each response, 5 points maximum). 
1. Code enforcement program. 
2. Community or jurisdiction. 
3. Interdisciplinary code enforcement team. 
4. Housing preservation, rehabilitation programs, or 
neighborhood improvement programs. 
5. Special needs groups (disabled, elderly or low or 
very-low income, etc.). 
0–5 
Does the proposed capital expenditure provide a cost 
savings benefit to the jurisdiction? Provide a brief 
explanation of the cost savings. 
0–5. 
(2) CURRENT CODE ENFORCEMENT AND HOUSING 
CONSERVATION
PLAN.—Whether the local legislative 
body in which the applicant resides has adopted a 
plan that addresses residential structure conservation 
and building code enforcement. Points shall be award-
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ed, based on which of the descriptions from the fol-
lowing list best reflects such jurisdiction’s plan for 
building code enforcement activities, as follows: 
Description 
Maximum Points 
The plan provides for proactive code enforcement 
(not just responding to complaints), an inter-
disciplinary approach, and includes funding op-
tions for repairs and rehabilitation. 
The plan only provides for proactive code enforce-
ment (not just responding to complaints) and calls 
for an interdisciplinary approach and does not 
address funding options for repairs and rehabili-
tation. 
The plan provides for some type of proactive code en-
forcement (other than just responding to com-
plaints) but doesn’t address coordinated inter-
disciplinary activities with other local public 
agencies or funding options. 
The plan provides for only reactive code enforcement. 
The plan only refers to a need to preserve and/or im-
prove existing housing stock, without any code en-
forcement program. 
No existing plan. 
0. 
(3) COMMUNITY-ORIENTED
OR
INTERDISCIPLI-
NARY CODE ENFORCEMENT.—The degree to which the 
application demonstrates the intent and means to en-
sure cooperative and effective working relationships 
between building code enforcement officials and other 
local agencies, as well as a community-oriented ap-
proach to code enforcement, with points awarded as 
follows: 
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Description 
Maximum Points 
Identify current or proposed interdisciplinary code 
enforcement programs or activities and the team 
members (example: code enforcement, police, local 
prosecutors, health department, building and plan-
ning, fire, etc.). Provide a description of the team’s 
code enforcement and coordination procedures, ac-
tivities and services provided. If the current pro-
grams or resources are limited in scope, explain 
how receipt of the grant will be used to improve 
the program. 
0–10 
Identify current or proposed community-oriented 
code enforcement programs, activities, or services. 
(Examples: community clean-ups, Neighborhood 
Watch programs, community meetings, door-to- 
door code enforcement knock and talks, etc.). If the 
current programs or resources are limited in 
scope, explain how receipt of the grant will be used 
to improve the program. 
0–10. 
(4) PROACTIVE
CODE
ENFORCEMENT
ACTIVI-
TIES.—The effectiveness of the proposed or existing 
proactive activities and programs operated by any ex-
isting building code enforcement program, which shall 
include points awarded as follows for any such activi-
ties or programs: 
Description 
Maximum Points 
Encourages repairs and preservation, rather than 
demolition or abandonment, of substandard resi-
dences. 
0–5 
Abatement of (a) lead hazards and lead-based paints, 
(b) toxic molds and dampness, and (c) displace-
ment or relocation of residents. 
0–5 
Community clean-up campaigns. This may include 
recycling dates, free or reduced disposal rates at 
dumpsite, public clean-up days that encourage re-
moval of unwanted or excess debris by making 
available extra trash pick-ups, dumpsites or trash/ 
recycling containers on specific dates to dispose of 
household debris, inoperable vehicles, tires, toxic 
materials, etc. 
0–5 
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Description 
Maximum Points 
Resource or referral programs for Federal, State, 
local, and private funds and other resources avail-
able in your jurisdiction that can assist with 
housing rehabilitation and repairs to rectify code 
violations. 
0–5 
Public education programs on housing issues. These 
could include community housing meetings deal-
ing with homeownership, tenant/landlord issues, 
housing code enforcement, school age children’s 
programs with coloring books or handouts, housing 
safety pamphlets, etc. 
0–5 
Programs that encourage community involvement 
with groups; such as schools, church nonprofits, 
community service groups, utility companies, local 
stores, housing agency banks, etc. 
0–5. 
(5) CAPACITY TO FINANCIALLY AND TECHNICALLY 
SUPPORT
PROPOSED
CAPITAL
EXPENDITURES.—The 
degree to which the application demonstrates the ju-
risdiction’s financial and technical capacity to prop-
erly use and successfully support the proposed capital 
expenditure during the term of the grant, with points 
awarded as follows: 
Description 
Maximum Points 
The anticipated ongoing program funding for the 
duration of the grant program is adequate to fi-
nancially support the use of the grant-financed 
equipment. Include details of funding and tech-
nical support sources for the capital expenditure 
(examples: insurance, paper, maintenance, train-
ing, supplies, personnel, monthly billing costs, 
etc.). 
0–5 
The jurisdiction has the technical capabilities to use 
and support equipment (examples: adequately 
trained staff or resources to provide training to 
operate technical equipment, local service provider 
for cell phones or 2-way radios, trained personnel 
to operate equipment, etc.). 
0–5. 
(g) EVALUATION AND REPORT.— 
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(1) IN GENERAL.—Grant recipients shall— 
(A) be obligated to fully account and report 
for the use of all grants funds; and 
(B) provide a report to the Secretary on the 
effectiveness of the program undertaken by the 
grantee and any other criteria requested by the 
Secretary for the purpose of indicating the effec-
tiveness of, and ideas for, refinement of the grant 
program. 
(2) REPORT.—The report required under para-
graph (1)(B) shall include a discussion of— 
(A) the specific capabilities and functions 
in local building code enforcement administra-
tion that were addressed using funds received 
under this section; 
(B) the lessons learned in carrying out the 
plans supported by the grant; and 
(C) the manner in which the programs sup-
ported by the grant are to be maintained by the 
grantee. 
(3) CONTENT
OF
REPORTS.—The Secretary 
shall— 
(A) require each recipient of a grant under 
this section to file interim and final reports 
under paragraph (2) to ensure that grant funds 
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are being used as intended and to measure the 
effectiveness and benefits of the grant program; 
and 
(B) develop and maintain a means whereby 
the public can access such reports, at no cost, via 
the Internet. 
(h) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
(1) BUILDING CODE ENFORCEMENT.—The term 
‘‘building code enforcement’’ means the enforcement of 
any code, adopted by a State or local government, 
that regulates the construction of buildings and facili-
ties to mitigate hazards to life or property. Such term 
includes building codes, electrical codes, energy codes, 
fire codes, fuel gas codes, mechanical codes, and 
plumbing codes. 
(2) BUILDING
CODE
ENFORCEMENT
DEPART-
MENT.—The term ‘‘building code enforcement depart-
ment’’ means an inspection or enforcement agency of 
a jurisdiction that is responsible for conducting build-
ing code enforcement. 
(3) JURISDICTION.—The term ‘‘jurisdiction’’ 
means a city, county, parish, city and county author-
ity, or city and parish authority having local author-
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ity to enforce building codes and regulations and to 
collect fees for building permits. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Housing and Urban Development. 
(i) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be ap-
propriated $20,000,000 for each of fiscal years 2010 
through 2014 to the Secretary of Housing and Urban 
Development to carry out the provisions of this sec-
tion. 
(2) RESERVATION.—From the amount made 
available under paragraph (1), the Secretary may re-
serve not more than 5 percent for administrative 
costs. 
(3) AVAILABILITY.—Any funds appropriated 
pursuant to paragraph (1) shall remain available 
until expended. 
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Union Calendar No. 361 
111TH CONGRESS 
2D SESSION 
H. R. 2336 
[Report No. 111–619] 
A BILL 
To encourage energy efficiency and conservation 
and development of renewable energy sources for 
housing, commercial structures, and other build-
ings, and to create sustainable communities. 
SEPTEMBER 22, 2010 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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