[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4461 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  2d Session
                                H. R. 4461

_______________________________________________________________________

                                 AN ACT


 
To promote and enhance the operation of local building code enforcement 
administration across the country by establishing a competitive Federal 
                        matching grant program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Building Code 
Administration Grant Act of 2008''.

SEC. 2. GRANT PROGRAM AUTHORIZED.

    (a) Grant Authorization.--The Secretary of Housing and Urban 
Development shall provide grants to local building code enforcement 
departments.
    (b) Competitive Awards.--The Secretary shall award grants under 
subsection (a) on a competitive basis pursuant to the criteria set 
forth in section 6, but also taking into consideration the following:
            (1) The financial need of each building code enforcement 
        department.
            (2) The benefit to the local jurisdiction of having an 
        adequately funded building code enforcement department.
            (3) The demonstrated ability of each building code 
        enforcement department to work cooperatively with other local 
        code enforcement offices, health departments, and local 
        prosecutorial agencies.
    (c) Maximum Amount.--The maximum amount of any grant awarded under 
this section shall not exceed $1,000,000.

SEC. 3. REQUIRED ELEMENTS IN GRANT PROPOSALS.

    In order to be eligible for a grant under section 2, a local 
building code enforcement department shall submit 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 under this Act 
        that addresses the needs discussed in paragraph (1) and that is 
        consistent with the authorized uses established in section 4.
            (3) A plan for local governmental actions to be taken to 
        establish and sustain local building code enforcement 
        administration functions, without continuing 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 local 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.

SEC. 4. USE OF FUNDS; MATCHING FUNDS.

    (a) Authorized Uses.--Grants awarded under section 2 may be used by 
the grant recipient to supplement existing State or local funding for 
building code enforcement administration. Such funds may be used to 
increase staffing, provide staff training, increase staff competence 
and professional qualifications, support individual certification or 
departmental accreditation, or for capital expenditures specifically 
dedicated to the administration of the local building code enforcement 
department.
    (b) Additional Requirement.--Each local building code enforcement 
department receiving a grant under section 2 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.
    (c) Matching Funds Required.--
            (1) In general.--To be eligible to receive a grant under 
        this Act, a local building code enforcement department serving 
        an area with a population of--
                    (A) over 50,000 shall provide matching, non-Federal 
                funds in an amount equal to not less than 50 percent of 
                the total amount of any grant to be awarded under this 
                Act;
                    (B) between 20,001 and 50,000 shall provide 
                matching, non-Federal funds in an amount equal to not 
                less than 25 percent of the total amount of any grant 
                to be awarded under this Act; or
                    (C) under 20,000 shall provide matching, non-
                Federal funds in an amount equal to not less than 12.5 
                percent of the total amount of any grant to be awarded 
                under this Act.
            (2) Economic distress.--
                    (A) In general.--The Secretary may waive the 
                matching fund requirements under paragraph (1), and 
                institute, by regulation, new matching fund 
                requirements based upon the level of economic distress 
                of the local jurisdiction in which the local building 
                code enforcement department seeking such grant is 
                located.
                    (B) Content of regulations.--Any regulations 
                instituted under subparagraph (A) shall include--
                            (i) a method that allows for a comparison 
                        of the degree of economic distress among the 
                        local jurisdiction's of grant applicants, as 
                        measured by the differences in the extent of 
                        growth lag, the extent of poverty, and the 
                        adjusted age of housing in such jurisdiction; 
                        and
                            (ii) any other factor determined to be 
                        relevant by the Secretary in assessing the 
                        comparative degree of economic distress among 
                        such local jurisdictions.
    (d) In-Kind Contributions.--In determining the non-Federal share 
required to be provided under subsection (c), the Secretary shall 
consider in-kind contributions, not to exceed 50 percent of the amount 
that the department contributes in non-Federal funds.
    (e) Waiver of Matching Requirement.--The Secretary shall waive the 
matching fund requirements under subsection (c) for any recipient 
jurisdiction that has legislatively dedicated all building code 
permitting fees to the conduct of local building code enforcement.

SEC. 5. RATING AND RANKING OF APPLICATIONS.

    Eligible applications will be rated and ranked according to the 
criteria described in section 6. All complete applications will be 
compared to one another and points assigned on a continuum within each 
criteria with the maximum points awarded to the application that best 
meets the criteria.

SEC. 6. CRITERIA.

    (a) 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.


----------------------------------------------------------------------------------------------------------------
                               Description                                            Maximum Points
----------------------------------------------------------------------------------------------------------------
A detailed description of the capital expenditures to be acquired with    0-10
 grant funds and a demonstration that the items' costs are reasonable.
The jurisdiction's need for the capital expenditure and how the grant     0-10
 funds will fulfill this need.
The joint benefits provided by the proposed expenditure for the           0-5
 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.).
Does the proposed capital expenditure provide a cost savings benefit to   0-5
 the jurisdiction? Provide a brief explanation of the cost savings.
----------------------------------------------------------------------------------------------------------------

    (b) Current Code Enforcement and Housing Conservation Plan.--Has 
the local legislative body in which the applicant resides adopted a 
``plan'' which addresses residential structure conservation and 
building code enforcement? From the following list, select 1 
description that best reflects such jurisdiction's ``plan'' for 
building code enforcement activities. Points will be awarded as 
follows:


----------------------------------------------------------------------------------------------------------------
                               Description                                            Maximum Points
----------------------------------------------------------------------------------------------------------------
The plan provides for proactive code enforcement (not just responding to  10
 complaints), an interdisciplinary approach, and includes funding
 options for repairs and rehabilitation.
The plan only provides for proactive code enforcement (not just           8
 responding to complaints) and calls for an interdisciplinary approach
 and does not address funding options for repairs and rehabilitation.
The plan provides for some type of proactive code enforcement (other      6
 than just responding to complaints) but doesn't address coordinated
 interdisciplinary activities with other local public agencies or
 funding options.
The plan provides for only reactive code enforcement.                     4
The plan only refers to a need to preserve and/or improve existing        2
 housing stock, without any code enforcement program.
No existing plan.                                                         0
----------------------------------------------------------------------------------------------------------------

    (c) Community-Oriented or Interdisciplinary Code Enforcement.--The 
degree to which the application demonstrates the intent and means to 
ensure cooperative and effective working relationships between building 
code enforcement officials and other local agencies, as well as a 
community-oriented approach to code enforcement.


----------------------------------------------------------------------------------------------------------------
                               Description                                            Maximum Points
----------------------------------------------------------------------------------------------------------------
Identify current or proposed interdisciplinary code enforcement programs  0-10
 or activities and the team members (example: code enforcement, police,
 local prosecutors, health department, building and planning, fire,
 etc.). Provide a description of the team's code enforcement and
 coordination procedures, activities and services provided. If the
 current programs or resources are limited in scope, explain how receipt
 of the grant will be used to improve the program.
Identify current or proposed community-oriented code enforcement          0-10
 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.
----------------------------------------------------------------------------------------------------------------

    (d) Proactive Code Enforcement Activities.--The effectiveness of 
the proposed or existing proactive activities and programs operated by 
any existing building code enforcement program. Describe such 
activities or programs, include any of the following:


----------------------------------------------------------------------------------------------------------------
                               Description                                            Maximum Points
----------------------------------------------------------------------------------------------------------------
Encourages repairs and preservation, rather than demolition or            0-5
 abandonment, of substandard residences.
Abatement of (a) lead hazards and lead-based paints, (b) toxic molds and  0-5
 dampness, and (c) displacement or relocation of residents.
Community clean-up campaigns. This may include recycling dates, free or   0-5
 reduced disposal rates at dumpsite, public clean-up days that encourage
 removal 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.
Resource or referral programs for Federal, State, local, and private      0-5
 funds and other resources available in your jurisdiction that can
 assist with housing rehabilitation and repairs to rectify code
 violations.
Public education programs on housing issues. These could include          0-5
 community housing meetings dealing with homeownership, tenant/landlord
 issues, housing code enforcement, school age children's programs with
 coloring books or handouts, housing safety pamphlets, etc.
Programs that encourage community involvement with groups; such as        0-5.
 schools, church non-profits, community service groups, utility
 companies, local stores, housing agency banks, etc.
----------------------------------------------------------------------------------------------------------------

    (e) Capacity To Financially and Technically Support Proposed 
Capital Expenditures.--The degree to which the application demonstrates 
the jurisdiction's financial and technical capacity to properly use and 
successfully support the proposed capital expenditure during the term 
of the grant.


----------------------------------------------------------------------------------------------------------------
                               Description                                            Maximum Points
----------------------------------------------------------------------------------------------------------------
The anticipated ongoing program funding for the duration of the grant     0-5
 program is adequate to financially support the use of the grant-
 financed equipment. Include details of funding and technical support
 sources for the capital expenditure (examples: insurance, paper,
 maintenance, training, supplies, personnel, monthly billing costs,
 etc.).
The jurisdiction has the technical capabilities to use and support        0-5
 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.).
----------------------------------------------------------------------------------------------------------------

SEC. 7. EVALUATION AND REPORT.

    (a) In General.--Grant recipients shall--
            (1) be obligated to fully account and report for the use of 
        all grants funds; and
            (2) 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 
        effectiveness of, and ideas for, refinement of the grant 
        program.
    (b) Report.--The report required under subsection (a)(2) shall 
include a discussion of--
            (1) the specific capabilities and functions in local 
        building code enforcement administration that were addressed 
        using funds received under this Act;
            (2) the lessons learned in carrying out the plans supported 
        by the grant; and
            (3) the manner in which the programs supported by the grant 
        are to be maintained by the grantee.
    (c) Content of Reports.--The Secretary shall--
            (1) require each recipient of a grant under ths Act to file 
        interim and final reports under subsection (b) to ensure that 
        grant funds are being used as intended and to measure the 
        effectiveness and benefits of the grant program; and
            (2) develop and maintain a means whereby the public can 
        access such reports, at no cost, via the Internet.

SEC. 8. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Building code enforcement department.--The term 
        ``building code enforcement department'' means the building 
        code inspection or enforcement agency of a local jurisdiction.
            (2) Jurisdiction.--The term ``jurisdiction'' means a city, 
        county, parish, city and county authority, or city and parish 
        authority having local authority to enforce building codes and 
        regulations and collect fees for building permits.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated 
$20,000,000 for each of fiscal years 2009 through 2013 to the Secretary 
of Housing and Urban Development to carry out the provisions of this 
Act.
    (b) Reservation.--From the amount made available under subsection 
(a), the Secretary may reserve not more than 5 percent for 
administrative costs.
    (c) Availability.--Any funds appropriated pursuant to subsection 
(a) shall remain available until expended.

            Passed the House of Representatives July 9, 2008.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                               H. R. 4461

_______________________________________________________________________

                                 AN ACT

To promote and enhance the operation of local building code enforcement 
administration across the country by establishing a competitive Federal 
                        matching grant program.