113 S2900 IS: Livable Communities Act of 2014
U.S. Senate
2014-09-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.
This Act may be cited as
the Livable Communities Act of 2014
.
2.
Congress finds that—
(1)
when rural,
suburban, and urban communities plan transportation, housing, and water
infrastructure strategically it is estimated that these communities could
save
nearly $122,000,000,000 in infrastructure costs over the next 25 years;
(2)
key Federal
programs are missing a vital opportunity to boost economic growth at the
local
and regional level through better coordination of housing, transportation,
and
related infrastructure investments;
(3)
Federal
regulations and policies should support community efforts to implement and
sustain progress toward the achievement of locally defined development
goals,
in terms of—
(A)
geographic
location and proximity to existing resources;(B)developing transportation choices that serve the needs of all users and fit within the context of
the community; and
(C)
maintaining
structural and indoor environmental quality and minimizing health
hazards; and
(4)greater
coordination of public investment will provide direct support for
immediate job
creation and lay the groundwork for long-term resilience and prosperity by
leveraging significant private sector and philanthropic investment to make
the
most of Federal funding.
3.
The purposes of this Act are—
(1)
to strengthen
rural, suburban, and urban economies by enabling communities to establish
goals
for the future and to chart a course for achieving such goals;
(2)
to promote local
leadership by encouraging communities to develop innovative solutions that
reflect the unique economic assets and needs of the communities;
(3)
to maximize
returns on Federal funding of housing, transportation, and other
infrastructure
projects through the coordination of Federal grant programs, regulations,
and
requirements, by reducing the number of duplicative Federal programs and
improving the efficiency and effectiveness of programs and policies of the
Department of Housing and Urban Development, the Department of
Transportation,
the Environmental Protection Agency, and other Federal agencies, as
appropriate; and
(4)
to ensure that
Federal funding supports locally defined long range development goals.
4.
In this Act, the following definitions shall
apply:
(1)
The term affordable housing means housing,
the cost of which does not exceed 30 percent of the income of a family.
(2)
Comprehensive
regional plan
The term comprehensive regional plan
means a plan that—
(A)
uses a
cooperative, locally controlled, and inclusive public engagement process
to
identify needs and goals across a region and to integrate related planning
processes;
(B)
prioritizes
projects for implementation, including healthy housing projects; and
(C)
is tied to
capital improvement programs and annual budgets.
(3)
The
term Department means the Department of Housing and Urban
Development.
(4)
The
term Director means the Director of the Office of Sustainable
Housing and Communities established under section 5.
(5)
Extremely
low-income family
The term extremely low-income
family means a family that has an income that does not exceed—
(A)
30 percent of the
median income in the area in which the family lives, as determined by the
Secretary, with appropriate adjustments for the size of the family; or
(B)
a percentage of
the median income in the area in which the family lives, as determined by
the
Secretary upon a finding by the Secretary that such percentage is
necessary due
to unusually high or low family incomes in the area in which the family
lives, with appropriate adjustments for the size of the family.
(6)
The term healthy housing means housing that
is designed, constructed, rehabilitated, and maintained in a manner that
supports the health of the occupants of the housing.
(7)
Housing-related
health hazard
The term housing-related health hazard
means any biological, physical, or chemical source of exposure or
condition in,
or immediately adjacent to, housing that could adversely affect human
health.
(8)
The term Indian tribe has the meaning given that term in section 4 of the Native American Housing Assistance and
Self-Determination
Act of 1996 (25 U.S.C. 4103).
(9)
The term livable community means a
metropolitan, urban, suburban, or rural community that—
(A)
provides
safe, reliable, affordable, and accessible transportation choices;
(B)
provides
long-term affordable, accessible, 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
maximizes
the cost-effectiveness of existing infrastructure;
(D)
promotes
economic development and economic competitiveness;
(E)
preserves the
environment and natural resources;
(F)
protects
agricultural land, rural land, and green spaces; and
(G)
supports
public health and improves the quality of life for residents of, and
workers
in, the community.
(10)
The
term location-efficient characterizes mixed-use development or
neighborhoods that integrate housing, transportation choices, commercial
development, and
facilities
and amenities—
(A)
to lower living
expenses for working families;
(B)
to enhance
mobility;
(C)
to encourage
private investment in transit-oriented development; and
(D)
to encourage
private sector infill development and maximize the use of existing
infrastructure.
(11)
The term low-income family has the meaning
given that term in section 3(b) of the United States Housing Act of 1937
(42
U.S.C. 1437a(b)).
(12)
Metropolitan
planning organization
The term metropolitan planning
organization means a metropolitan planning organization described in
section 134(b) of title 23, United States Code or section 5303(b) of title
49,
United States Code.
(13)
The
term Office means the Office of Sustainable Housing and
Communities established under section 5.
(14)
The term regional council means a
multiservice 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 provides professional and technical assistance.
(15)
Rural planning
organization
The term rural planning organization
means a voluntary regional organization of local elected officials and
representatives of local transportation systems—(A)that—
(i)works in
cooperation with the department of transportation (or equivalent entity)
of a
State to plan transportation networks and advise officials of the State on
transportation planning; and
(ii)
is located in a
rural area—
(I)
with a population
of not less than 5,000; and
(II)
that is not
located in an area represented by a metropolitan planning organization; or
(B)that is a regional transportation planning organization, as defined in section 5303 of title 49,
United States Code.
(16)
The
term Secretary means the Secretary of Housing and Urban
Development.
(17)
The
term State has the meaning given that term by the Secretary, by
rule.
(18)
Transit-oriented
development
The term transit-oriented development
means high-density, walkable, and location-efficient 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.
(19)
Unit of
general local government
The term unit of general local
government means—
(A)
a city, county,
town, township, parish, village, or other general purpose political
subdivision
of a State; or
(B)
a combination of
general purpose political subdivisions, as determined by the Secretary.
(20)
Unit of
special purpose local government
The term unit of special
purpose local government—
(A)
means a division
of a unit of general purpose government that serves a special purpose and
does
not provide a broad array of services; and
(B)
includes an
entity such as a school district, a housing agency, a transit agency, and
a
parks and recreation district.
(21)
The term very low-income family
has the meaning given that term in section 3(b) of the United States
Housing Act
of
1937 (42 U.S.C. 1437a(b)).
5.
Office of
sustainable housing and communities
(a)
There is established in the Department an Office of
Sustainable Housing and Communities, which shall—
(1)
coordinate
Federal policies that—
(A)
encourage locally
directed comprehensive and integrated planning and development at the
State,
regional, and local levels;
(B)
encourage
coordinated public investments through the development of comprehensive
regional plans;
(C)
provide long-term
affordable, accessible, energy-efficient, healthy, and location-efficient
housing
choices for people of all ages, incomes, races, and ethnicities,
particularly
for low-, very low-, and extremely low-income families; and
(D)
achieve other
goals consistent with the purposes of this Act;
(2)
review Federal
programs and policies to determine barriers to interagency collaboration
and
make recommendations to promote the ability of local communities to access
resources in the Department and throughout the Federal Government and
coordinate with and conduct outreach to Federal agencies, including the
Department of Transportation and the Environmental Protection Agency, on
methods to reduce duplicative programs and improve the efficiency and
effectiveness of programs within the Department of Transportation, the
Environmental Protection Agency, and the Department;
(3)
conduct research
and advise the Secretary on the research agenda of the Department relating
to
coordinated development, in collaboration with the Office of Policy
Development
and Research of the Department;
(4)
implement and
oversee the grant programs established under this Act by—
(A)
developing the
process and format for grant applications for each grant program;
(B)
promulgating
regulations or guidance relating to each grant program;
(C)
selecting
recipients of grants under each grant program;
(D)
creating
performance measures for recipients 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 performance of recipients of grants under each grant
program;
and
(G)
carrying out such
other activities relating to the administration of the grant programs
under
this Act as the Secretary determines are necessary;
(5)
provide guidance,
information on best practices, and technical assistance to communities
seeking
to adopt sustainable development policies and practices;
(6)
administer
initiatives of the Department relating to the policies described in
paragraph
(1), as determined by the Secretary; and
(7)
work with the
Federal Transit Administration and the Federal Highway Administration of
the Department of Transportation and
other
offices and administrations of the Department of Transportation, as
appropriate—
(A)
to encourage
transit-oriented development; and
(B)
to coordinate
Federal housing, community development, and transportation policies,
including
the policies described in paragraph (1).
(b)
The
head of the Office shall be the Director of the Office of Sustainable
Housing
and Communities.
(c)
Duties relating
to grant programs
(1)
The Director shall carry out the grant programs
established under this Act.
(2)
Small and rural
communities grant program
The Director shall coordinate with the
Secretary of Agriculture to make grants to small and rural communities
under
sections 7 and 8.
(3)
Technical
assistance for grant recipients and applicants
The Director
may—
(A)
coordinate with
other Federal agencies to establish interagency and multidisciplinary
teams to
provide technical assistance to recipients of, and prospective applicants
for,
grants under this Act;
(B)
by Federal
interagency agreement, transfer funds to another Federal agency to
facilitate
and support technical assistance; and
(C)
make contracts
with third parties to provide technical assistance to grant recipients and
prospective applicants for grants.
6.
Comprehensive
planning grant program
(a)
In
this section, the following definitions shall apply:
(1)
Consortium of units of general local governmentsThe term
consortium of units of general local governments means a
consortium of geographically contiguous units of general local government
that
the Secretary determines—
(A)
represents all or
part of a metropolitan statistical area, a micropolitan statistical area,
or a
noncore area;
(B)
has the authority
under State, tribal, or local law to carry out planning activities,
including
surveys, land use studies, environmental or public 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.
(2)
The term
eligible entity means—
(A)
a partnership
between a consortium of units of general local government and an eligible
partner; or
(B)
an Indian tribe,
if—
(i)
the
Indian tribe has—
(I)
a tribal entity
that performs housing and land use planning functions; and
(II)
a tribal entity
that performs transportation and transportation planning functions; and
(ii)
the Secretary
determines that the isolated location and land expanse of the Indian tribe
require the Secretary to treat the tribe as an eligible entity for
purposes of
carrying out activities using a grant awarded under this section.
(3)
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—
(i)
a
State;
(ii)
an
Indian tribe;
(iii)
a
State and an Indian tribe; or
(iv)
an
institution of higher education.
(4)
The term
grant program means the comprehensive planning grant program
established under subsection (b).
(5)
The term
noncore area means a county or group of counties that are not
designated by the Office of Management and Budget as a micropolitan
statistical
area or metropolitan statistical area.
(b)
Comprehensive
planning grant program established
The Director shall establish a
comprehensive planning grant program to make grants to eligible entities
to
carry out a project—
(1)
to coordinate
locally defined planning processes across jurisdictions and agencies;
(2)
to identify
regional partnerships for developing and implementing a comprehensive
regional
plan;
(3)
to conduct or
update assessments to determine regional needs and promote economic and
community development;
(4)
to develop or
update—
(A)
a comprehensive
regional plan; or
(B)
goals and
strategies to implement an existing comprehensive regional plan and other
related activities; and
(5)
to identify local
zoning and other code changes necessary to implement a comprehensive
regional
plan and promote sustainable development.
(c)
(1)
The Director shall ensure geographic diversity among and
adequate representation from each of the following categories:
(A)
Small and rural
communities
Eligible entities that represent all or part of a
noncore area, a micropolitan area, or a small metropolitan statistical
area
with a population of not more than 200,000.
(B)
Mid-sized
metropolitan communities
Eligible entities that represent all or
part of a metropolitan statistical area with a population of more than
200,000
and not more than 500,000.
(C)
Large
metropolitan communities
Eligible entities that represent all or
part of a metropolitan statistical area with a population of more than
500,000.
(2)
Award of funds
to small and rural communities
(A)
The Director shall—
(i)
award not less
than 15 percent of the funds under the grant program to eligible entities
described in paragraph (1)(A); and
(ii)
ensure diversity
among the geographic regions and the size of the population of the
communities
served by recipients of grants that are eligible entities described in
paragraph (1)(A).
(B)
Insufficient
applications
If the Director determines that insufficient
approvable applications have been submitted by eligible entities described
in
paragraph (1)(A), the Director may award less than 15 percent of the funds
under the grant program to eligible entities described in paragraph
(1)(A).
(3)
(A)
Except as provided in subparagraph (B), the Federal share
of the cost of a project carried out using a grant under the grant program
may
not exceed 80 percent.
(B)
(i)
Small and rural
communities
In the case of an eligible entity described in
paragraph (1)(A), the Federal share of the cost of a project carried out
using
a grant under the grant program may be 90 percent.
(ii)
In the case of an eligible entity that is an Indian tribe,
the Federal share of the cost of a project carried out using a grant under
the
grant program may be 100 percent.
(C)
(i)
For the purposes of this section, in-kind
contributions may be used for all or part of the non-Federal share of the
cost
of a project carried out using a grant under the grant program.
(ii)
Federal funding from sources other than the grant program
may not be used for the non-Federal share of the cost of a project carried
out
using a grant under the grant program.
(4)
(A)
An eligible entity that receives a grant under the grant
program shall—
(i)
obligate any
funds received under the grant program not later than 2 years after the
date on
which the grant agreement 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 agreement under subsection (g) is made.
(B)
After the date described in subparagraph (A)(i), the
Secretary may award to another eligible entity, to carry out activities
under
this section, any amounts that an eligible entity has not obligated under
subparagraph (A)(i).
(d)
(1)
An eligible entity that desires a grant under this
section shall submit to the Director an application, at such time and in
such
manner as the Director shall prescribe, that contains—
(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
project
and a description of the source of the non-Federal share;
(C)
the designation
of a lead agency or organization, which may be the eligible entity, to
receive
and manage any funds received by the eligible entity under the grant
program;
(D)
a signed copy of
a memorandum of understanding among local jurisdictions, including, as
appropriate, a State, an Indian tribe, units of general purpose local
government,
units
of special purpose local government, metropolitan planning organizations,
rural
planning organizations, and regional councils that demonstrates—
(i)
the
creation of an eligible entity;
(ii)
a
description of the nature and extent of planned collaboration between the
eligible entity and any partners of the eligible entity;
(iii)
a
commitment to develop a comprehensive regional plan; and
(iv)
a
commitment to implement the plan after the plan is developed;
(E)
a certification
that the eligible entity has—
(i)
secured the
participation, or made a good-faith effort to secure the participation, of
transportation providers and public housing agencies within the area
affected
by the comprehensive regional plan and the entities described in clause
(ii);
and
(ii)
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 representatives of a State, the
metropolitan planning organization, the rural planning organization, the
regional council, local jurisdictions, non-profit organizations, and
others, as
deemed appropriate by the eligible entity, given the local context of the
comprehensive planning effort;
(F)
a certification
that the eligible entity has solicited public comment on the contents of
the
project description under subparagraph (A) that includes—
(i)
a
description of the process for receiving public comment relating to the
proposal; and
(ii)
such other
information as the Director may require;
(G)
a description of
how the eligible entity will carry out the activities under subsection
(f);
and
(H)
such additional
information as the Director may require.
(2)
An eligible entity that is an Indian tribe is not required
to submit the certification under paragraph (1)(E).
(e)
In
evaluating an application for a grant under the grant program, the
Director
shall consider the extent to which the application—
(1)
demonstrates that the applicant has or will have the legal, financial, and technical capacity to
carry out the project;
(2)
demonstrates the
extent to which the consortium has developed partnerships throughout an
entire
region, including, as appropriate, partnerships with the entities
described in
subsection (d)(1)(D);
(3)
demonstrates
integration with local efforts in economic development and job creation;
(4)
demonstrates a
strategy for implementing a comprehensive regional plan through regional
infrastructure investment plans and local land use plans;
(5)
promotes
diversity among the geographic regions and the size of the population of
the
communities served by recipients of grants under this section;
(6)
demonstrates a
commitment to seeking substantial public input during the planning process
and
public participation in the development of the comprehensive regional
plan;
(7)
demonstrates that
a Federal grant is necessary to accomplish the project proposed to be
carried
out;
(8)
minimizes the
Federal share necessary to carry out the project and leverages State,
local, or
private resources; and
(9)
demonstrates
such other qualities as the Director may determine.
(f)
An eligible entity that receives a grant under this
section shall carry out a project that includes 1 or more of the following
activities:
(1)
Coordinating
locally defined planning processes across jurisdictions and agencies.
(2)
Identifying
potential regional partnerships for developing and implementing a
comprehensive
regional plan.
(3)
Conducting or
updating assessments to determine regional needs, including healthy
housing,
and promote economic and community development.
(4)
Developing or
updating—
(A)
a comprehensive
regional plan; or
(B)
goals and
strategies to implement an existing comprehensive regional plan.
(5)
Implementing
local zoning and other code changes necessary to implement a comprehensive
regional plan and promote sustainable development.
(g)
Each eligible entity that receives a grant under the grant program shall agree to establish, in
coordination with the Director,
performance measures, reporting requirements, and any other requirements
that
the Director determines are necessary, that the eligible entity shall meet
at the end of each
year
in which the eligible entity receives funds under the grant program.
(h)
(1)
Each eligible entity that receives a grant under the
grant program shall perform substantial outreach activities—
(A)
to engage a broad
cross-section of community stakeholders in the process of developing a
comprehensive regional plan, including low-income families, minorities,
older
adults, and economically disadvantaged community members; and
(B)
to create an
effective means for stakeholders to participate in the development and
implementation of a comprehensive regional plan.
(2)
Finalization of
comprehensive regional plan
(A)
An eligible entity that receives a grant under the grant
program may not finalize a comprehensive regional plan before the eligible
entity holds a public hearing to obtain the views of citizens, public
agencies,
and other interested parties.
(B)
Availability of
information
Not later than 30 days before a hearing described in
subparagraph (A), an eligible entity shall make the proposed comprehensive
regional plan and all information relevant to the hearing—(i)available to the
public for inspection during normal business hours; and
(ii)available on a publically accessible website.
(C)
Not
later than 30 days before a hearing described in subparagraph (A), an
eligible
entity shall publish notice—
(i)
of
the hearing; and
(ii)
that the
information described in subparagraph (B) is available.
(i)
Violation of
grant agreement or failure To comply with public outreach
requirements
If the Director determines that an eligible entity
has not met the performance measures established in the grant agreement
under subsection (g), is
not
making reasonable progress toward meeting such measures, is otherwise in
violation of the grant agreement, or has not complied with the public
outreach
requirements under subsection (h), the Director may—
(1)
withhold
financial assistance until the requirements under the grant agreement or
under
subsection (h), as applicable, are met; or
(2)
terminate the
grant agreement.
(j)
Report on the
comprehensive planning grant
(1)
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 the grant program shall submit a final report on the project
to the
Secretary.
(2)
The report shall include—
(A)
a detailed
explanation of the activities undertaken using the grant, including an
explanation of the completed project and how it achieves specific
transit-oriented, transportation, housing, or sustainable community goals
within the region;
(B)
a discussion of
any obstacles encountered in the planning process and how the eligible
entity
overcame the obstacles;
(C)
an evaluation of
the success of the project using the performance measures
established in the grant agreement under subsection (g), including an
evaluation of the planning
process and how the project contributes to carrying out the comprehensive
regional plan; and
(D)
any other
information the Director may require.
(3)
The Director may require an eligible entity to submit an
interim report before the date on which the project for which the grant
is
awarded is completed.
(k)
Authorization
of appropriations
(1)
There
are authorized to be appropriated to the Secretary for the award of grants
under this section, to remain available until expended—
(A)
$100,000,000 for
fiscal year 2015; and
(B)
$125,000,000 for
each of fiscal years 2016 through 2019.
(2)
The Director may use not more than 2 percent of the
amounts made available under this subsection for a fiscal year for
technical
assistance under section 5(c)(3).
7.
Community
challenge grant program
(a)
In
this section—
(1)
the terms
consortium of units of general local governments, eligible
entity, and eligible partner have the meanings given those terms in
section 6; and
(2)
the term
grant program means the community challenge grant program
established under subsection (b).
(b)
Community
challenge grant program established
The Director shall establish
a community challenge grant program to make grants to eligible entities
to—
(1)
promote
integrated planning and investments across policy and governmental
jurisdictions; and
(2)
implement
projects identified in a comprehensive regional plan.
(c)
(1)
The Director shall ensure geographic diversity among and
adequate representation from eligible entities in each of the categories
described in section 6(c)(1).
(2)
Except as otherwise provided in this section, a grant
under the grant program shall be made on the same terms and conditions as
a
grant under section 6.
(3)
An eligible entity that receives a grant under the grant
program shall expend any funds received under the grant program not later
than
5 years after the date on which the grant agreement under subsection (g)
is
made.
(d)
(1)
An
eligible entity that desires 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, that contains—
(A)
a copy of the
comprehensive regional plan, whether developed as part of the
comprehensive
planning grant program under section 6 or developed independently;
(B)
a description of
the project or projects proposed to be carried out using a grant under the
grant program;
(C)
a description of
any preliminary actions that have been or must be taken at the local or
regional level to implement the project or projects described under
subparagraph
(B),
including the revision of land use or zoning policies;
(D)
a signed copy of
a memorandum of understanding among local jurisdictions, including, as
appropriate, a State, units of general purpose local government, units of
special purpose 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; and
(ii)
a
commitment to implement the activities described in the comprehensive
regional
plan;
(E)
a certification
that the eligible entity has solicited public comment on the contents of
the
project or projects described in subparagraph (B) that includes—
(i)
a
certification that the eligible entity made information about the project
or
projects available and afforded citizens, public agencies, and other
interested
parties a reasonable opportunity to examine the content of the project or
projects and to submit comments;
(ii)
a
description of the process for receiving public comment, and a description
of
the outreach efforts to affected populations and stakeholders; and
(iii)
a
certification that the eligible entity—
(I)
held a public
hearing to obtain the views of citizens, public agencies, and other
interested
parties;
(II)
made the
proposed project or projects and all information relevant to the hearing
available for
inspection by the public during normal business hours not less than 30
days
before the hearing under subclause (I); and
(III)
published a
notice informing the public of the hearing under subclause (I) and the
availability of the information described in subclause (II);
(F)
a budget for the
project or projects 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
(G)
such additional
information as the Director may require.
(2)
An eligible entity that is an Indian tribe is not required
to submit a memorandum of understanding under paragraph (1)(D).
(e)
In
evaluating an application for a grant under the grant program, the
Director
shall consider the extent to which the application—
(1)
demonstrates that the applicant has or will have the legal, financial, and
technical capacity to carry out the project;
(2)
demonstrates the
extent to which the eligible entity has developed partnerships throughout
an
entire region, including partnerships with units of special purpose local
government and transportation providers;
(3)
demonstrates
clear and meaningful interjurisdictional cooperation and coordination of
housing (including healthy housing), transportation, and environmental
policies
and plans;
(4)
demonstrates a
commitment to implementing a comprehensive regional plan and documents
action
taken or planned to implement the plan;
(5)
minimizes the
Federal share necessary to carry out the project and leverages a
significant
amount of State, local, or private resources;
(6)
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;
(7)
promotes
diversity among the geographic regions and the size of the population of
the
communities served by recipients of grants under the grant program;
(8)
demonstrates a
commitment to substantial public input throughout the implementation
process;
(9)
demonstrates that
a Federal grant is necessary to accomplish the project or projects
proposed to
be carried out; and
(10)
demonstrates
such other qualities as the Director may determine.
(f)
(1)
(A)An eligible entity that receives a grant under the
grant program may use not more than 10 percent of the grant for planning
activities.(B)Activities related to the updating, reform, or development of
a
local code, plan, or ordinance to implement projects contained in a
comprehensive regional plan shall not be considered planning activities
for the
purposes of a grant under the grant program.
(2)
An eligible entity that receives a grant under the
grant program shall carry out 1 or more projects that are designed to
achieve
the goals identified in a comprehensive regional plan.
(g)
Each eligible entity that receives a grant under the
grant program shall agree to establish, in coordination with the Director,
performance measures, reporting requirements, and any other requirements
that
the Director determines are necessary, that the eligible entity shall meet
at the end of each
year
in which the eligible entity receives funds under the grant program.
(h)
Violation of
grant agreement
If the Director 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 agreement, the Director may—
(1)
withhold
financial assistance until the requirements under the grant agreement are
met;
or
(2)
terminate the
grant agreement.
(i)
Report on the
community challenge grant
(1)
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 the grant program shall submit a final report on the project
to the
Secretary.
(2)
The report shall include—
(A)
a detailed
explanation of the activities undertaken using the grant, including an
explanation of the completed project and how it achieves specific
transit-oriented, transportation, housing, or sustainable community goals
within the region;
(B)
a discussion of
any obstacles encountered in the planning and implementation process and
how
the eligible entity overcame the obstacles;
(C)
an evaluation of
the success of the project using the performance measures
established under subsection (g), including an evaluation of the planning
and
implementation process and how the project contributes to carrying out the
comprehensive regional plan; and
(D)
any other
information the Director may require.
(3)
The Director may require an eligible entity to submit an
interim report before the date on which the project for which the grant
is
awarded is completed.
(j)
Authorization
of appropriations
(1)
There
are authorized to be appropriated to the Secretary for the award of grants
under this section, to remain available until expended—
(A)
$30,000,000 for
each of fiscal years 2015 and 2016;
(B)
$35,000,000 for
fiscal year 2017;
(C)
$40,000,000 for
fiscal year 2018; and
(D)
$45,000,000 for
fiscal year 2019.
8.
Credit facility
to support transit-oriented development
(a)
In
this section, the following definitions shall apply:
(1)
The term eligible applicant means a State
or local government.
(2)
The term eligible area means the area within
½ mile of an existing or planned major public transportation
facility.
(3)
The term eligible borrower means—
(A)
a governmental
entity, authority, agency, or instrumentality;
(B)
a corporation,
partnership, joint venture, or trust on behalf of which an eligible
applicant
has submitted an application under subsection (c); or
(C)
any other legal
entity undertaking an infrastructure development project on behalf of
which an
eligible applicant has submitted an application under subsection (c).
(4)
Major public transportation
facility
The term major public transportation facility
means—
(A)
a fixed-guideway
public transportation station;
(B)
a high speed rail
or intercity rail station connecting to public transportation;
(C)
an intermodal facility
connecting multiple public transportation lines; or
(D)
a public transportation center
located in an area other than an urbanized area.
(5)
Planned major
public transportation facility
The term planned major public transportation
facility means a major public transportation facility for which—(A)appropriate
environmental reviews have been completed; and(B)funding for
construction can be reasonably anticipated.
(6)
The
term project means an infrastructure project that is used to
support a transit-oriented development in an eligible area, including—
(A)
property
enhancement, including conducting environmental remediation, park
development,
and open space acquisition;
(B)
improvement of
mobility, including rehabilitating, or providing for
additional,
streets, public transportation stations, structured parking, walkways, and
bikeways;
(C)
utility
development, including rehabilitating or relocating existing, or providing
for new
drinking
water, wastewater, electric, and gas utilities; or
(D)
community
service facilities, such as child care centers.
(7)The term public transportation has the meaning given that term in section 5302 of title 49, United States Code.
(b)
The Secretary, in consultation with the Secretary of Transportation, may make or guarantee loans
under this
section to eligible borrowers for projects.
(c)
(1)
An eligible applicant may submit to the Secretary an
application for a loan or loan guarantee under this section—
(A)
to fund a project
carried out by the eligible applicant; or
(B)
on behalf of an
eligible borrower, to fund a project carried out by the eligible
borrower.
(d)
(1)
The Secretary may make a loan or loan guarantee under
this section for a project that—
(A)
is part of a
community-wide development plan, as defined by the Secretary;
(B)
promotes
sustainable development; and
(C)
ensures that not
less than 15 percent of any housing units constructed or substantially
rehabilitated as part of transit-oriented development supported by the
project
are affordable over the long term to, and occupied at time of initial
occupancy
by—
(i)
renters with
incomes at or below 60 percent of the area median income; or
(ii)
homeowners with
incomes at or below 100 percent of the area median income.
(2)
The
Secretary, in consultation with the Secretary of Transportation, shall
select the recipients of loans and loan guarantees under
this
section based on the extent to which—
(A)
the
transit-oriented development supported by the project will encourage
increased
use of transit;
(B)
the
transit-oriented development supported by the project will create or
preserve
long-term affordable housing units in addition to the housing units
required to
be made available under paragraph (1)(C) or will provide deeper
affordability
than required under paragraph (1)(C);
(C)
the project will
facilitate and encourage additional development or redevelopment in the
overall
public transportation station area;
(D)
the local
government has adopted policies that—
(i)
promote long-term
affordable housing; and
(ii)
allow
high-density, mixed-use development near public transportation stations;
(E)
the
transit-oriented development supported by the project is part of a
comprehensive regional plan;
(F)
the eligible
borrower has established a reliable, dedicated revenue source to repay the
loan;
(G)
the project is
not financially viable for the eligible borrower without a loan or loan
guarantee under this section; and
(H)
a loan or loan
guarantee under this section would be used in conjunction with non-Federal
resources to fund the project.
(e)
Eligible
sources of repayment
A loan made or guaranteed under this section
shall be repayable, in whole or in part, from dedicated revenue sources,
which
may include—
(1)
user fees;
(2)
property tax
revenues;
(3)
sales tax
revenues;
(4)
other revenue
sources dedicated to the project by property owners and businesses; and
(5)
a bond or other
indebtedness backed by one of the revenue sources listed in this
paragraph.
(f)
The Secretary shall establish an interest rate for loans
made or guaranteed under this section with reference to a benchmark
interest
rate (commonly known as a yield
) on marketable Treasury securities with a maturity that is
similar
to the loans made or guaranteed under this section.
(g)
The maturity of a loan made or guaranteed under this
section may not exceed the lesser of—
(1)
35 years;
or
(2)
90 percent of the
useful life of any project to be financed by the loan, as determined by
the
Secretary.
(h)
Maximum loan
guarantee rate
(1)
The guarantee rate on a loan guaranteed under this
section may not exceed 75 percent of the amount of the loan.
(2)
Lower guarantee
rate for low-risk borrowers
The Secretary shall establish a
guarantee rate for loans to eligible borrowers that the Secretary
determines
pose a lower risk of default that is lower than the guarantee rate for
loans to
other eligible borrowers.
(i)
The
Secretary shall establish fees for loans made or guaranteed under this
section
at a level that is sufficient to cover all or part of the costs to the
Federal
Government of making or guaranteeing a loan under this section.
(j)
A
loan made or guaranteed under this section may not be subordinated to the
claims of any holder of an obligation relating to the project in the event
of
bankruptcy, insolvency, or liquidation.
(k)
Commencement of
repayment
The scheduled repayment of principal or interest on a
loan made or guaranteed under this section shall commence not later than 5
years after the date of substantial completion of a project.
(l)
Repayment
deferral for loans
(1)
If, at any time after the date of substantial completion
of a project, the Secretary determines that dedicated revenue sources of
an
eligible borrower are insufficient to make the scheduled loan repayments
of
principal and interest on a loan made or guaranteed under this section,
the
Secretary may, subject to criteria established by the Secretary, allow the
eligible borrower to add unpaid principal and interest to the outstanding
balance of the loan.
(2)
Treatment of
deferred payments
Any payment deferred under this section
shall—
(A)
continue to
accrue interest until fully repaid; and
(B)
be scheduled to
be amortized over the remaining term of the loan.
(m)
Authorization
of appropriations
There are authorized to be appropriated for the
cost of loans and loan guarantees under this section $20,000,000 for each
of
fiscal years 2015 through 2019.
9.
(a)
Federal
initiative To support healthy housing and eradicate housing-Related health
hazards
The Secretary, acting through the Director of the Office
of Healthy Homes and Lead Hazard Control and in consultation with the
Secretary
of Energy, the Administrator of the Environmental Protection Agency, the
Secretary of Agriculture, the Director of the National Institute of
Standards
and Technology, the Director of the National Institute of Environmental
Health
Sciences, and the Director of the Centers for Disease Control, shall lead
the
Federal initiative to support healthy housing and eradicate
housing-related
health hazards by—
(1)
reviewing,
monitoring, and evaluating Federal housing, health, energy, and
environmental
programs and identifying areas of overlap and duplication that could be
improved;
(2)
identifying best
practices and model programs, including practices and programs that link
services for low-income families and services for health hazards;
(3)
identifying best
practices for finance products, building codes, and regulatory
practices;
(4)
researching
training programs and work practices that can accurately assess
housing-related
health hazards;
(5)
promoting
collaboration among Federal, State, local, and tribal agencies and
non-governmental organizations; and
(6)
coordinating with
all relevant Federal agencies.
(b)
The
Secretary shall conduct a collaborative, interagency assessment of best
practices for—
(1)
coordinating
activities relating to healthy housing;
(2)
removing
unnecessary barriers to interagency coordination in Federal statutes and
regulations; and
(3)
creating
incentives in programs of the Federal Government to advance the
complementary
goals of improving environmental health, energy conservation, and the
availability of housing.
(c)
Study and
report on sustainable building features and indoor environmental quality
in
housing
(1)
The
Secretary, in consultation with the Secretary of Energy, the Director of
the
National Institute of Standards and Technology, the Director of the
National
Institute of Environmental Health Sciences, the Director of the Centers
for
Disease Control, and any other Federal agency that the Secretary
determines is
appropriate, shall conduct a detailed study of how sustainable building
features in housing, such as energy efficiency, affect—
(A)
the quality of
the indoor environment;
(B)
the prevalence of
housing-related health hazards; and
(C)
the health of
occupants of the housing.
(2)
Not
later than 3 years after the date of enactment of this Act, the Secretary
shall
submit to the Committee on Banking, Housing, and Urban Affairs and the
Committee on Appropriations of the Senate and the Committee on Financial
Services and the Committee on Appropriations of the House of
Representatives a
report containing the results of the study under paragraph (1).
(d)
Authorization
of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out this section.
10.
Ineligibility
of individuals who are not lawfully present(a)
No housing assisted using a grant under this
Act may be made available to an individual who is not lawfully present in
the
United States.(b)Nothing in this Act may be construed to alter the
restrictions
or definitions under section 214 of the Housing and Community Development
Act
of 1980 (42 U.S.C. 1436a).