[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2336 Reported in House (RH)]

                                                 Union Calendar No. 361
111th CONGRESS
  2d Session
                                H. R. 2336

                          [Report No. 111-619]

  To encourage energy efficiency and conservation and development of 
renewable energy sources for housing, commercial structures, and other 
           buildings, and to create sustainable communities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2009

Mr. Perlmutter (for himself, Mrs. Biggert, Mr. Blumenauer, Mr. Ellison, 
 Mr. Frank of Massachusetts, Mr. Gutierrez, Mr. Hodes, Mr. Israel, Mr. 
 Markey of Massachusetts, Mrs. McCarthy of New York, Mr. McNerney, Mr. 
    Sherman, Mr. Sires, Ms. Tsongas, and Mr. Himes) introduced the 
   following bill; which was referred to the Committee on Financial 
                                Services

                           September 22, 2010

  Additional sponsors: Mr. Klein of Florida, Mr. Wilson of Ohio, Mr. 
  McGovern, Mr. Filner, Mr. Rothman of New Jersey, Ms. Zoe Lofgren of 
 California, Mr. Moore of Kansas, Mr. Wu, and Mr. Larson of Connecticut

                           September 22, 2010

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 7, 
                                 2009]


_______________________________________________________________________

                                 A BILL


 
  To encourage energy efficiency and conservation and development of 
renewable energy sources for housing, commercial structures, and other 
           buildings, and to create sustainable communities.


 


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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Green Resources 
for Energy Efficient Neighborhoods Act of 2010'' or the ``GREEN Act of 
2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Implementation of energy efficiency participation incentives 
                            for HUD programs.
Sec. 4. Basic HUD energy efficiency standards and standards for 
                            additional credit.
Sec. 5. Energy efficiency and conservation demonstration program for 
                            multifamily housing projects assisted with 
                            project-based rental assistance.
Sec. 6. Consideration of energy efficiency under FHA mortgage insurance 
                            programs and Native American and Native 
                            Hawaiian loan guarantee programs.
Sec. 7. Energy-efficient mortgages and location-efficient mortgages 
                            education and outreach campaign.
Sec. 8. Collection of information on energy-efficient and location-
                            efficient mortgages through Home Mortgage 
                            Disclosure Act.
Sec. 9. Ensuring availability of homeowners insurance for homes not 
                            connected to electricity grid.
Sec. 10. Mortgage incentives for energy-efficient multifamily housing.
Sec. 11. Energy-efficient certifications for manufactured housing with 
                            mortgages.
Sec. 12. Assisted housing energy loan pilot program.
Sec. 13. Making it green.
Sec. 14. Residential energy efficiency block grant program.
Sec. 15. Including sustainable development and transportation 
                            strategies in comprehensive housing 
                            affordability strategies.
Sec. 16. Grant program to increase sustainable low-income community 
                            development capacity.
Sec. 17. HOPE VI green developments requirement.
Sec. 18. Consideration of energy efficiency improvements in appraisals.
Sec. 19. Housing Assistance Council.
Sec. 20. Rural housing and economic development assistance.
Sec. 21. Loans to States and Indian tribes to carry out renewable 
                            energy sources activities.
Sec. 22. GAO reports on availability of affordable mortgages.
Sec. 23. Public housing energy cost report.
Sec. 24. Insurance coverage for loans for financing of renewable energy 
                            systems leased for residential use.
Sec. 25. Green guarantees.
Sec. 26. Green dividend program for federally assisted rental housing.
Sec. 27. Use of residual receipts and reserve for replacements funds 
                            for green retrofits of federally assisted 
                            rental housing.
Sec. 28. Study on building codes effects on construction and 
                            installation of distributive energy 
                            generation measures and water efficiency 
                            measures.
Sec. 29. Community building code administration grants.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Energy-efficient mortgage.--The term ``energy-efficient 
        mortgage'' means--
                    (A) a mortgage loan under which the income of the 
                borrower, for purposes of qualification for such loan, 
                is considered to be increased by not less than $1 for 
                each $1 of savings projected to be realized by the 
                borrower as a result of cost-effective energy-saving 
                design, construction or improvements (including use of 
                renewable energy sources, such as solar, geothermal, 
                biomass, and wind, super-insulation, energy-saving 
                windows, insulating glass and film, and radiant 
                barrier) for the home for which the loan is made; or
                    (B) such other mortgage loan that recognizes such 
                savings as the Secretary may provide.
            (2) Green building standards.--The term ``green building 
        standards'' means standards to require use of sustainable 
        design principles to reduce the use of nonrenewable resources, 
        encourage energy-efficient construction and rehabilitation and 
        the use of renewable energy resources, minimize the impact of 
        development on the environment, and improve indoor air quality.
            (3) HUD.--The term ``HUD'' means the Department of Housing 
        and Urban Development.
            (4) HUD assistance.--The term ``HUD assistance'' means 
        financial assistance that is awarded, competitively or 
        noncompetitively, allocated by formula, or provided by HUD 
        rental assistance, direct loan, or capital grant.
            (5) Location-efficient mortgage.--The term ``location-
        efficient mortgage'' means--
                    (A) a mortgage loan under which--
                            (i) the income of the borrower, for 
                        purposes of qualification for such loan, is 
                        considered to be increased by not less than $1 
                        for each $1 of savings projected to be realized 
                        by the borrower because the location of the 
                        home for which loan is made will result in 
                        decreased transportation costs for the 
                        household of the borrower; or
                            (ii) the sum of the principal, interest, 
                        taxes, and insurance due under the mortgage 
                        loan is decreased by not less than $1 for each 
                        $1 of savings projected to be realized by the 
                        borrower because the location of the home for 
                        which loan is made will result in decreased 
                        transportation costs for the household of the 
                        borrower; or
                    (B) such other mortgage loan that recognizes such 
                savings as the Secretary may provide.
            (6) Nonresidential structure.--The term ``nonresidential 
        structures'' means only nonresidential structures that are 
        appurtenant to single-family or multifamily housing residential 
        structures, or those that are funded by the Secretary of 
        Housing and Urban Development through the HUD Community 
        Development Block Grant program.
            (7) Secretary.--The term ``Secretary'', unless otherwise 
        specified, means the Secretary of Housing and Urban 
        Development.

SEC. 3. IMPLEMENTATION OF ENERGY EFFICIENCY PARTICIPATION INCENTIVES 
              FOR HUD PROGRAMS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall issue such regulations as 
may be necessary to establish annual energy efficiency participation 
incentives consistent with this Act to encourage participants in 
programs administered by the Secretary, including recipients under 
programs for which HUD assistance is provided, to achieve substantial 
improvements in energy efficiency.
    (b) Requirement for Appropriation of Funds.--The requirement under 
subsection (a) for the Secretary to provide annual energy efficiency 
participation incentives pursuant to the provisions of this Act shall 
be subject to the annual appropriation of necessary funds.

SEC. 4. BASIC HUD ENERGY EFFICIENCY STANDARDS AND STANDARDS FOR 
              ADDITIONAL CREDIT.

    (a) Basic HUD Standard.--
            (1) Residential structures.--A residential single-family or 
        multifamily structure shall be considered to comply with the 
        energy efficiency standards under this subsection if--
                    (A) the structure complies with the applicable 
                provisions of the American Society of Heating, 
                Refrigerating, and Air-Conditioning Engineers Standard 
                90.1-2007, as such standard or successor standard is in 
                effect for purposes of this section pursuant subsection 
                (c);
                    (B) the structure complies with the applicable 
                provisions of the 2009 International Energy 
                Conservation Code, or the requirements of a standard 
                that provides equal or greater energy savings, as such 
                standard or successor standard is in effect for 
                purposes of this section pursuant subsection (c);
                    (C) in the case only of an existing structure, 
                where determined cost effective, the structure has 
                undergone rehabilitation or improvements, completed 
                after the date of the enactment of this Act, and the 
                energy consumption for the structure has been reduced 
                by at least 20 percent from the previous level of 
                consumption, as determined in accordance with energy 
                audits performed both before and after any 
                rehabilitation or improvements undertaken to reduce 
                such consumption; or
                    (D) the structure complies with the applicable 
                provisions of such other energy efficiency 
                requirements, standards, criteria, or ratings systems 
                as the Secretary may adopt and apply by regulation, as 
                may be necessary, for purposes of this section for 
                specific types of residential single-family or 
                multifamily structures or otherwise, except that the 
                Secretary shall make a determination regarding whether 
                to adopt and apply any such requirements, standards, 
                criteria, or rating system for purposes of this section 
                not later than the expiration of the 180-day period 
                beginning upon the date of receipt of any written 
                request, made in such form as the Secretary shall 
                provide, for such adoption and application.
        In addition to compliance with any of subparagraphs (A) through 
        (D), the Secretary shall by regulation require, for any newly 
        constructed residential single-family or multifamily structure 
        to be considered to comply with the energy efficiency standards 
        under this subsection, that the structure have appropriate 
        electrical outlets with the facility and capacity to recharge a 
        standard electric passenger vehicle, including an electric 
        hybrid vehicle, where such vehicle would normally be parked.
            (2) Nonresidential structures.--For purposes of this 
        section, the Secretary shall identify and adopt by regulation, 
        as may be necessary, energy efficiency requirements, standards, 
        criteria, or rating systems applicable to nonresidential 
        structures that are constructed or rehabilitated with HUD 
        assistance. A nonresidential structure shall be considered to 
        comply with the energy efficiency standards under this 
        subsection if the structure complies with the applicable 
        provisions of any such energy efficiency requirements, 
        standards, criteria, or rating systems identified and adopted 
        by the Secretary pursuant to this paragraph, as such standards 
        are in effect for purposes of this section pursuant to 
        subsection (c).
            (3) Effect.--Nothing in this subsection may be construed to 
        require any structure to comply with any standard established 
        or adopted pursuant to this subsection, or identified in this 
        subsection, or to provide any benefit or credit under any 
        Federal program for any structure that complies with any such 
        standard, except to the extent that--
                    (A) any provision of law other than this subsection 
                provides a benefit or credit under a Federal program 
                for compliance with a standard established or adopted 
                pursuant to this subsection, or identified in this 
                subsection; or
                    (B) the Secretary specifically provides pursuant to 
                subsection (c) for the applicability of such standard.
    (b) Enhanced Energy Efficiency Standards for Purposes of Providing 
Additional Credit Under Certain Federally Assisted Housing Programs.--
            (1) Purpose and effect.--
                    (A) Purpose.--The purpose of this subsection is to 
                identify energy efficiency and conservation standards 
                and green building standards that--
                            (i) provide for greater energy efficiency 
                        and conservation in structures than is required 
                        for compliance with the energy efficiency 
                        standards under subsection (a) and then in 
                        effect;
                            (ii) provide for green and sustainable 
                        building standards not required by such 
                        standards; and
                            (iii) can be used in connection with 
                        Federal housing, housing finance, and 
                        development programs to provide incentives for 
                        greater energy efficiency and conservation and 
                        for green and sustainable building methods, 
                        elements, practices, and materials.
                    (B) Effect.--Nothing in this subsection may be 
                construed to require any structure to comply with any 
                standard established pursuant to this subsection or to 
                provide any benefit or credit under any Federal program 
                for any structure, except to the extent that any 
                provision of law other than this subsection provides a 
                benefit or credit under a Federal program for 
                compliance with a standard established pursuant to this 
                subsection.
            (2) Compliance.--A residential or nonresidential structure 
        shall be considered to comply with the enhanced energy 
        efficiency and conservation standards or the green building 
        standards under this subsection, to the extent that such 
        structure complies with the applicable provisions of the 
        standards under paragraph (3) or (4), respectively (as such 
        standards are in effect for purposes of this section, pursuant 
        to paragraph (7)), in a manner that is not required for 
        compliance with the energy efficiency standards under 
        subsection (a) then in effect and subject to the Secretary's 
        determination of which standards are applicable to which 
        structures.
            (3) Energy efficiency and conservation standards.--The 
        energy efficiency and conservation standards under this 
        paragraph are as follows:
                    (A) Residential structures.--With respect to 
                residential structures:
                            (i) New construction.--For new 
                        construction, the Energy Star standards 
                        established by the Environmental Protection 
                        Agency, as such standards are in effect for 
                        purposes of this subsection pursuant to 
                        paragraph (7);
                            (ii) Existing structures.--For existing 
                        structures, a reduction in energy consumption 
                        from the previous level of consumption for the 
                        structure, as determined in accordance with 
                        energy audits performed both before and after 
                        any rehabilitation or improvements undertaken 
                        to reduce such consumption, that exceeds the 
                        reduction necessary for compliance with the 
                        energy efficiency standards under subsection 
                        (a) then in effect and applicable to existing 
                        structures.
                    (B) Nonresidential structures.--With respect to 
                nonresidential structures, such energy efficiency and 
                conservation requirements, standards, criteria, or 
                rating systems for nonresidential structures as the 
                Secretary shall identify and adopt by regulation, as 
                may be necessary, for purposes of this paragraph.
            (4) Green building standards.--The green building standards 
        under this paragraph are as follows:
                    (A) The national Green Communities criteria for 
                residential construction that provides criteria for the 
                design, development, and operation of affordable 
                housing, as such criteria or successor criteria is in 
                effect for purposes of this section pursuant to 
                paragraph (7).
                    (B) The LEED for Neighborhood Development rating 
                system for the LEED for New Construction rating system, 
                the LEED for Homes rating system, the LEED for Core and 
                Shell rating system, as applicable, as such systems or 
                successor systems are in effect for purposes of this 
                section pursuant to paragraph (7).
                    (C) The Green Globes assessment and rating system 
                of the Green Buildings Initiative.
                    (D) For manufactured housing, Energy Star rating 
                with respect to fixtures, appliances, and equipment in 
                such housing, as such standard or successor standard is 
                in effect for purposes of this section pursuant to 
                paragraph (7).
                    (E) The 2008 National Green Building Standard (ICC 
                700).
                    (F) Any other requirements, standards, criteria, or 
                rating systems for green building or sustainability as 
                the Secretary may identify and adopt by regulation, as 
                may be necessary for purposes of this paragraph, except 
                that the Secretary shall make a determination regarding 
                whether to adopt and apply any such requirements, 
                standards, criteria, or rating system for purposes of 
                this section not later than the expiration of the 180-
                day period beginning upon date of receipt of any 
                written request, made in such form as the Secretary 
                shall provide, for such adoption and application.
            (5) Green building.--For purposes of this subsection, the 
        term ``green building'' means a building that meets the green 
        building standards under paragraph (4).
            (6) Energy audits.--The Secretary shall establish standards 
        and requirements for energy audits for purposes of paragraph 
        (3)(A)(ii) and, in establishing such standards, may consult 
        with any advisory committees established pursuant to section 
        5(c)(2) of this Act.
            (7) Applicability and updating of standards.--
                    (A) Applicability.--Except as provided in 
                subparagraph (B), the requirements, standards, 
                criteria, and rating systems referred to in this 
                subsection that are in effect for purposes of this 
                subsection are such requirements, standards, criteria, 
                and systems are as in existence upon the date of the 
                enactment of this Act.
                    (B) Updating.--For purposes of this section, the 
                Secretary may adopt and apply by regulation, as may be 
                necessary, future amendments and supplements to, and 
                editions of, the requirements, standards, criteria, and 
                rating systems referred to in this subsection.
    (c) Authority of Secretary to Apply Standards to Federally Assisted 
Housing and Programs.--
            (1) HUD housing and programs.--The Secretary of Housing and 
        Urban Development may, by regulation, provide for the 
        applicability of the energy efficiency standards under 
        subsection (a), the enhanced energy efficiency and conservation 
        standards and green building standards under subsection (b), 
        or, in the case of deconstruction, any applicable provisions of 
        and points provided under the LEED for New Construction and 
        Major Renovation rating system, or any combination thereof, 
        with respect to any covered federally assisted housing 
        described in paragraph (3)(A) or any HUD assistance.
            (2) Rural housing.--The Secretary of Agriculture may, by 
        regulation, provide for the applicability of the energy 
        efficiency standards under subsection (a), the enhanced energy 
        efficiency and conservation standards and green building 
        standards under subsection (b), or, in the case of 
        deconstruction, any applicable provisions of and points 
        provided under the LEED for New Construction and Major 
        Renovation rating system, or any combination thereof, with 
        respect to any covered federally assisted housing described in 
        paragraph (3)(B) or any assistance provided with respect to 
        rural housing by the Rural Housing Service of the Department of 
        Agriculture.
            (3) Covered federally assisted housing.--For purposes of 
        this subsection, the term ``covered federally assisted 
        housing'' means--
                    (A) any residential or nonresidential structure for 
                which any HUD assistance is provided; and
                    (B) any new construction of single-family or 
                multifamily housing (other than manufactured homes) 
                subject to mortgages insured, guaranteed, or made by 
                the Secretary of Agriculture under title V of the 
                Housing Act of 1949 (42 U.S.C. 1471 et seq.).
    (d) Deconstruction.--The Secretary of Housing and Urban Development 
and the Secretary of Agriculture, as applicable, shall require that any 
deconstruction activity conducted under or pursuant to any provision of 
this Act or any amendment made by this Act complies with such 
deconstruction standards as such Secretaries shall establish for 
purposes of this section, taking into consideration the applicable 
provisions of and points provided under the LEED for New Construction 
and Major Renovation rating system. Such standards may be updated and 
revised from time to time, by regulation.

SEC. 5. ENERGY EFFICIENCY AND CONSERVATION DEMONSTRATION PROGRAM FOR 
              MULTIFAMILY HOUSING PROJECTS ASSISTED WITH PROJECT-BASED 
              RENTAL ASSISTANCE.

    (a) Authority.--For multifamily housing projects for which project-
based rental assistance is provided under a covered multifamily 
assistance program, the Secretary shall, subject to the availability of 
amounts provided in advance in appropriation Acts, carry out a program 
to demonstrate the effectiveness of funding a portion of the costs of 
meeting the enhanced energy efficiency standards under section 4(b). At 
the discretion of the Secretary, the demonstration program may include 
incentives for housing that is assisted with Indian housing block 
grants provided pursuant to the Native American Housing Assistance and 
Self-Determination Act of 1996, but only to the extent that such 
inclusion does not violate such Act, its regulations, and the goal of 
such Act of tribal self-determination.
    (b) Goals.--The demonstration program under this section shall be 
carried out in a manner that--
            (1) protects the financial interests of the Federal 
        Government;
            (2) reduces the proportion of funds provided by the Federal 
        Government and by owners and residents of multifamily housing 
        projects that are used for costs of utilities for the projects;
            (3) encourages energy efficiency and conservation by owners 
        and residents of multifamily housing projects and installation 
        of renewable energy improvements, such as improvements 
        providing for use of solar, wind, geothermal, or biomass energy 
        sources;
            (4) creates incentives for project owners to carry out such 
        energy efficiency renovations and improvements by allowing a 
        portion of the savings in operating costs resulting from such 
        renovations and improvements to be retained by the project 
        owner, notwithstanding otherwise applicable limitations on 
        dividends;
            (5) promotes the installation, in existing residential 
        buildings, of energy-efficient and cost-effective improvements 
        and renewable energy improvements, such as improvements 
        providing for use of solar, wind, geothermal, or biomass energy 
        sources;
            (6) tests the efficacy of a variety of energy efficiency 
        measures for multifamily housing projects of various sizes and 
        in various geographic locations;
            (7) tests methods for addressing the various, and often 
        competing, incentives that impede owners and residents of 
        multifamily housing projects from working together to achieve 
        energy efficiency or conservation; and
            (8) creates a database of energy efficiency and 
        conservation, and renewable energy, techniques, energy-savings 
        management practices, and energy efficiency and conservation 
        financing vehicles.
    (c) Approaches.--In carrying out the demonstration program under 
this section, the Secretary may--
            (1) enter into agreements with the Building America Program 
        of the Department of Energy and other consensus committees 
        under which such programs, partnerships, or committees assume 
        some or all of the functions, obligations, and benefits of the 
        Secretary with respect to energy savings;
            (2) establish advisory committees to advise the Secretary 
        and any such third-party partners on technological and other 
        developments in the area of energy efficiency and the creation 
        of an energy efficiency and conservation credit facility and 
        other financing opportunities, which committees shall include 
        representatives of homebuilders, realtors, multifamily housing 
        development and management areas, architects, nonprofit housing 
        organizations, environmental protection organizations, 
        renewable energy organizations, and advocacy organizations for 
        the elderly and persons with disabilities; any advisory 
        committees established pursuant to this paragraph shall not be 
        subject to the Federal Advisory Committee Act (5 U.S.C. App.);
            (3) approve, for a period not to exceed 10 years, 
        additional adjustments in the maximum monthly rents or 
        additional project rental assistance, or additional Indian 
        housing block grant funds under the Native American Housing 
        Assistance and Self-Determination Act of 1996, as applicable, 
        for dwelling units in multifamily housing projects that are 
        provided project-based rental assistance under a covered 
        multifamily assistance program, in such amounts as may be 
        necessary to amortize all or a portion of the cost of energy 
        efficiency and conservation measures for such projects;
            (4) develop a competitive process for the award of such 
        additional assistance for multifamily housing projects seeking 
        to implement energy efficiency, renewable energy sources, or 
        conservation measures; such competitive process shall not be 
        limited to assess the first costs, but shall assess the degree 
        to which applicants will meet each of the goals of the 
        demonstration program under subsection (b); and
            (5) waive or modify any existing statutory or regulatory 
        provision that the Secretary administers that would otherwise 
        impair the implementation or effectiveness of the demonstration 
        program under this section, including provisions relating to 
        methods for rent adjustments, comparability standards, maximum 
        rent schedules, and utility allowances; notwithstanding the 
        preceding provisions of this paragraph, the Secretary may not 
        waive any statutory requirement relating to fair housing, 
        nondiscrimination, labor standards, or the environment, except 
        pursuant to existing authority to waive nonstatutory 
        environmental and other applicable requirements.
    (d) Requirement.--During the 5-year period beginning on the date of 
the enactment of this Act, the Secretary shall carry out demonstration 
programs under this section with respect to not fewer than 50,000 
dwelling units.
    (e) Selection.--
            (1) Scope.--In order to provide a broad and representative 
        profile for use in designing a program which can become 
        operational and effective nationwide, the Secretary shall carry 
        out the demonstration program under this section with respect 
        to dwelling units located in a wide variety of geographic areas 
        and project types assisted by the various covered multifamily 
        assistance programs and using a variety of energy efficiency 
        and conservation and funding techniques to reflect differences 
        in climate, types of dwelling units and technical and 
        scientific methodologies, and financing options. The Secretary 
        shall ensure that the geographic areas included in the 
        demonstration program include dwelling units on Indian lands 
        (as such term is defined in section 2601 of the Energy Policy 
        Act of 1992 (25 U.S.C. 3501), to the extent that dwelling units 
        on Indian land have the type of residential structures that are 
        the focus of the demonstration program.
            (2) Priority.--The Secretary shall provide priority for 
        selection for participation in the program under this section 
        based on the extent to which, as a result of assistance 
        provided, the project will comply with the energy efficiency 
        standards under subsection (a), (b), or (c) of section 4 of 
        this Act.
    (f) Use of Existing Partnerships.--To the extent feasible, the 
Secretary shall--
            (1) utilize the Partnership for Advancing Technology in 
        Housing of the Department of Housing and Urban Development to 
        assist in carrying out the requirements of this section and to 
        provide education and outreach regarding the demonstration 
        program authorized under this section; and
            (2) consult with the Secretary of Energy, the Administrator 
        of the Environmental Protection Agency, and the Secretary of 
        the Army regarding utilizing the Building America Program of 
        the Department of Energy, the Energy Star Program, and the Army 
        Corps of Engineers, respectively, to determine the manner in 
        which they might assist in carrying out the goals of this 
        section and providing education and outreach regarding the 
        demonstration program authorized under this section.
    (g) Limitation.--No amounts made available under the American 
Recovery and Reinvestment Act of 2009 (Public Law 111-5) may be used to 
carry out the demonstration program under this section.
    (h) Reports.--
            (1) Annual.--Within 2 years after the date of the enactment 
        of this Act, and for each year thereafter during the term of 
        the demonstration program, the Secretary shall submit a report 
        to the Congress annually that describes and assesses the 
        demonstration program under this section.
            (2) Final.--Not later than 6 months after the expiration of 
        the 4-year period described in subsection (d), the Secretary 
        shall submit a final report to the Congress assessing the 
        demonstration program, which--
                    (A) shall assess the potential for expanding the 
                demonstration program on a nationwide basis; and
                    (B) shall include descriptions of--
                            (i) the size of each multifamily housing 
                        project for which assistance was provided under 
                        the program;
                            (ii) the geographic location of each 
                        project assisted, by State and region;
                            (iii) the criteria used to select the 
                        projects for which assistance is provided under 
                        the program;
                            (iv) the energy efficiency and conservation 
                        measures and financing sources used for each 
                        project that is assisted under the program;
                            (v) the difference, before and during 
                        participation in the demonstration program, in 
                        the amount of the monthly assistance payments 
                        under the covered multifamily assistance 
                        program for each project assisted under the 
                        program;
                            (vi) the average length of the term of the 
                        such assistance provided under the program for 
                        a project;
                            (vii) the aggregate amount of savings 
                        generated by the demonstration program and the 
                        amount of savings expected to be generated by 
                        the program over time on a per-unit and 
                        aggregate program basis;
                            (viii) the functions performed in 
                        connection with the implementation of the 
                        demonstration program that were transferred or 
                        contracted out to any third parties;
                            (ix) an evaluation of the overall successes 
                        and failures of the demonstration program; and
                            (x) recommendations for any actions to be 
                        taken as a result of the such successes and 
                        failures.
            (3) Contents.--Each annual report pursuant to paragraph (1) 
        and the final report pursuant to paragraph (2) shall include--
                    (A) a description of the status of each multifamily 
                housing project selected for participation in the 
                demonstration program under this section; and
                    (B) findings from the program and recommendations 
                for any legislative actions.
    (i) Covered Multifamily Assistance Program.--For purposes of this 
section, the term ``covered multifamily assistance program'' means--
            (1) the program under section 8 of the United States 
        Housing Act of 1937 (42 U.S.C. 1437f) for project-based rental 
        assistance;
            (2) the program under section 202 of the Housing Act of 
        1959 (12 U.S.C. 1701q) for assistance for supportive housing 
        for the elderly;
            (3) the program under section 811 of the Cranston-Gonzalez 
        National Affordable Housing Act (42 U.S.C. 8013) for supportive 
        housing for persons with disabilities;
            (4) the program under section 236 of the National Housing 
        Act (12 U.S.C. 1715z-1 for assistance for rental housing 
        projects;
            (5) the program for mortgage insurance under section 
        221(d)(3) of the National Housing Act (12 U.S.C. 1715l(d)(3)) 
        for rental housing projects;
            (6) the program under section 515 of the Housing Act of 
        1949 (42 U.S.C. 1485) for rural rental housing; and
            (7) the program for assistance under the Native American 
        Housing Assistance and Self-Determination Act of 1996 (25 
        U.S.C. 4111).
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, including providing rent 
adjustments, additional project rental assistance, and incentives, 
$50,000,000 for each fiscal year in which the demonstration program 
under this section is carried out.
    (k) Regulations.--Not later than the expiration of the 180-day 
period beginning on the date of the enactment of this Act, the 
Secretary shall issue any regulations necessary to carry out this 
section.

SEC. 6. CONSIDERATION OF ENERGY EFFICIENCY UNDER FHA MORTGAGE INSURANCE 
              PROGRAMS AND NATIVE AMERICAN AND NATIVE HAWAIIAN LOAN 
              GUARANTEE PROGRAMS.

    (a) FHA Mortgage Insurance.--
            (1) Requirement.--Title V of the National Housing Act is 
        amended by adding after section 542 (12 U.S.C. 1735f-20) the 
        following new section:

``SEC. 543. CONSIDERATION OF ENERGY EFFICIENCY.

    ``(a) Underwriting Standards.--The Secretary shall establish a 
method to consider, in its underwriting standards for mortgages on 
single-family housing meeting the energy efficiency standards under 
section 4(a) of the Green Resources for Energy Efficient Neighborhoods 
Act of 2010 that are insured under this Act, the impact that savings on 
utility costs has on the income of the mortgagor.
    ``(b) Goal.--It is the sense of the Congress that, in carrying out 
this Act, the Secretary should endeavor to insure mortgages on single-
family housing meeting the energy efficiency standards under section 
4(a) of the Green Resources for Energy Efficient Neighborhoods Act of 
2010 such that at least 50,000 such mortgages are insured during the 
period beginning upon the date of the enactment of such Act and ending 
on December 31, 2012.''.
            (2) Reporting on defaults.--Section 540(b) of the National 
        Housing Act (12 U.S.C. 1735f-18(b)) is amended by adding at the 
        end the following new paragraph:
            ``(3) With respect to each collection period that commences 
        after December 31, 2011, the total number of mortgages on 
        single-family housing meeting the energy efficiency standards 
        under section 4(a) of the Green Resources for Energy Efficient 
        Neighborhoods Act of 2010 that are insured by the Secretary 
        during the applicable collection period, the number of defaults 
        and foreclosures occurring on such mortgages during such 
        period, the percentage of the total of such mortgages insured 
        during such period on which defaults and foreclosure occurred, 
        and the rate for such period of defaults and foreclosures on 
        such mortgages compared to the overall rate for such period of 
        defaults and foreclosures on mortgages for single-family 
        housing insured under this Act by the Secretary.''.
    (b) Indian Housing Loan Guarantees.--
            (1) Requirement.--Section 184 of the Housing and Community 
        Development Act of 1992 (12 U.S.C. 1715z-13a) is amended--
                    (A) by redesignating subsection (l) as subsection 
                (m); and
                    (B) by inserting after subsection (k) the following 
                new subsection:
    ``(l) Consideration of Energy Efficiency.--The Secretary shall 
establish a method to consider, in its underwriting standards for loans 
for single-family housing meeting the energy efficiency standards under 
section 4(a) of the Green Resources for Energy Efficient Neighborhoods 
Act of 2010 that are guaranteed under this section, the impact that 
savings on utility costs has on the income of the borrower.''.
            (2) Reporting on defaults.--Section 540(b) of the National 
        Housing Act (12 U.S.C. 1735f-18(b)), as amended by subsection 
        (a)(2) of this section, is further amended by adding at the end 
        the following new paragraph:
            ``(4) With respect to each collection period that commences 
        after December 31, 2011, the total number of loans guaranteed 
        under section 184 of the Housing and Community Development Act 
        of 1992 (12 U.S.C. 1715z-13a) on single-family housing meeting 
        the energy efficiency standards under section 4(a) of the Green 
        Resources for Energy Efficient Neighborhoods Act of 2010 that 
        are guaranteed by the Secretary during the applicable 
        collection period, the number of defaults and foreclosures 
        occurring on such loans during such period, the percentage of 
        the total of such loans guaranteed during such period on which 
        defaults and foreclosure occurred, and the rate for such period 
        of defaults and foreclosures on such loans compared to the 
        overall rate for such period of defaults and foreclosures on 
        loans for single-family housing guaranteed under such section 
        184 by the Secretary.''.
    (c) Native Hawaiian Housing Loan Guarantees.--
            (1) Requirement.--Section 184A of the Housing and Community 
        Development Act of 1992 (12 U.S.C. 1715z-13b) is amended by 
        inserting after subsection (l) the following new subsection:
    ``(m) Energy-efficient Housing Requirement.--The Secretary shall 
establish a method to consider, in its underwriting standards for loans 
for single-family housing meeting the energy efficiency standards under 
section 4(a) of the Green Resources for Energy Efficient Neighborhoods 
Act of 2010 that are guaranteed under this section, the impact that 
savings on utility costs has on the income of the borrower.''.
            (2) Reporting on defaults.--Section 540(b) of the National 
        Housing Act (12 U.S.C. 1735f-18(b)), as amended by the 
        preceding provisions of this section, is further amended by 
        adding at the end the following new paragraph:
            ``(5) With respect to each collection period that commences 
        after December 31, 2011, the total number of loans guaranteed 
        under section 184A of the Housing and Community Development Act 
        of 1992 (12 U.S.C. 1715z-13b) on single-family housing meeting 
        the energy efficiency standards under section 4(a) of the Green 
        Resources for Energy Efficient Neighborhoods Act of 2010 that 
        are guaranteed by the Secretary during the applicable 
        collection period, the number of defaults and foreclosures 
        occurring on such loans during such period, the percentage of 
        the total of such loans guaranteed during such period on which 
        defaults and foreclosure occurred, and the rate for such period 
        of defaults and foreclosures on such loans compared to the 
        overall rate for such period of defaults and foreclosures on 
        loans for single-family housing guaranteed under such section 
        184A by the Secretary.''.

SEC. 7. ENERGY-EFFICIENT MORTGAGES AND LOCATION-EFFICIENT MORTGAGES 
              EDUCATION AND OUTREACH CAMPAIGN.

    Section 106 of the Energy Policy Act of 1992 (12 U.S.C. 1701z-16) 
is amended by adding at the end the following new subsection:
    ``(g) Education and Outreach Campaign.--
            ``(1) Development of energy- and location-efficient 
        mortgages outreach program.--
                    ``(A) Commission.--The Secretary, in consultation 
                and coordination with the Secretary of Energy, the 
                Secretary of Education, the Secretary of Agriculture, 
                and the Administrator of the Environmental Protection 
                Agency, shall establish a commission to develop and 
                recommend model mortgage products and underwriting 
                guidelines that provide market-based incentives to 
                prospective home buyers, lenders, and sellers to 
                incorporate energy efficiency upgrades and location 
                efficiencies in new mortgage loan transactions.
                    ``(B) Report.--Not later than 24 months after the 
                date of the enactment of this Act, the Secretary shall 
                provide a written report to the Congress on the results 
                of work of the commission established pursuant to 
                subparagraph (A) and that identifies model mortgage 
                products and underwriting guidelines that may encourage 
                energy and location efficiency.
            ``(2) Implementation.--After submission of the report under 
        paragraph (1)(B), the Secretary, in consultation and 
        coordination with the Secretary of Energy, the Secretary of 
        Education, and the Administrator of the Environmental 
        Protection Agency, shall carry out a public awareness, 
        education, and outreach campaign based on the findings of the 
        commission established pursuant to paragraph (1) to inform and 
        educate residential lenders and prospective borrowers regarding 
        the availability, benefits, advantages, and terms of energy-
        efficient mortgages and location-efficient mortgages made 
        available pursuant to this section, energy-efficient and 
        location-efficient mortgages (as such terms are defined in 
        section 2 of the GREEN Act of 2010), and other mortgages, 
        including mortgages for multifamily housing, that have energy 
        improvement features or location efficiency features and to 
        publicize such availability, benefits, advantages, and terms. 
        Such actions may include entering into a contract with an 
        appropriate entity to publicize and market such mortgages 
        through appropriate media.
            ``(3) Renewable energy home product expos.--The Congress 
        hereby encourages the Secretary of Housing and Urban 
        Development to work with appropriate entities to organize and 
        hold renewable energy expositions that provide an opportunity 
        for the public to view and learn about renewable energy 
        products for the home that are currently on the market.
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this 
        subsection $5,000,000 for each of fiscal years 2010 through 
        2014.''.

SEC. 8. COLLECTION OF INFORMATION ON ENERGY-EFFICIENT AND LOCATION-
              EFFICIENT MORTGAGES THROUGH HOME MORTGAGE DISCLOSURE ACT.

    (a) In General.--Section 304(b) of the Home Mortgage Disclosure Act 
of 1975 (12 U.S.C. 2803(b)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(5) the number and dollar amount of mortgage loans for 
        single-family housing and for multifamily housing that are 
        energy-efficient mortgages (as such term is defined in section 
        2 of the GREEN Act of 2010); and
            ``(6) the number and dollar amount of mortgage loans for 
        single-family housing and for multifamily housing that are 
        location-efficient mortgages (as such term is defined in 
        section 2 of the GREEN Act of 2010).''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply with respect to the first calendar year that begins after the 
expiration of the 30-day period beginning on the date of the enactment 
of this Act.

SEC. 9. ENSURING AVAILABILITY OF HOMEOWNERS INSURANCE FOR HOMES NOT 
              CONNECTED TO ELECTRICITY GRID.

    (a) Congressional Intent.--The Congress intends that--
            (1) consumers shall not be denied homeowners insurance for 
        a dwelling (as such term is defined in subsection (c)) based 
        solely on the fact that the dwelling is not connected to or 
        able to receive electricity service from any wholesale or 
        retail electric power provider;
            (2) States should ensure that consumers are able to obtain 
        homeowners insurance for such dwellings;
            (3) States should support insurers that develop voluntary 
        incentives to provide such insurance; and
            (4) States may not prohibit insurers from offering a 
        homeowners insurance product specifically designed for such 
        dwellings.
    (b) Insuring Homes and Related Property in Indian Areas.--
Notwithstanding any other provision of law, dwellings located in Indian 
areas (as such term is defined in section 4 of the Native American 
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) 
and constructed or maintained using assistance, loan guarantees, or 
other authority under the Native American Housing Assistance and Self-
Determination Act of 1996 may be insured by any tribally owned self-
insurance risk pool approved by the Secretary of Housing and Urban 
Development.
    (c) Dwelling.--For purposes of this section, the term ``dwelling'' 
means a residential structure that--
            (1) consists of one to four dwelling units;
            (2) is provided electricity from renewable energy sources; 
        and
            (3) is not connected to any wholesale or retail electrical 
        power grid.

SEC. 10. MORTGAGE INCENTIVES FOR ENERGY-EFFICIENT MULTIFAMILY HOUSING.

    (a) In General.--The Secretary of Housing and Urban Development 
shall establish incentives for increasing the energy efficiency of 
multifamily housing that is subject to a mortgage to be insured under 
title II of the National Housing Act (12 U.S.C. 1707 et seq.) so that 
the housing meets the energy efficiency standards under section 4(a) of 
this Act and incentives to encourage compliance of such housing with 
the energy efficiency and conservation standards, and the green 
building standards, under section 4(b) of this Act, to the extent that 
such incentives are based on the impact that savings on utility costs 
has on the operating costs of the housing, as determined by the 
Secretary.
    (b) Incentives.--Such incentives may include, for any such 
multifamily housing that complies with the energy efficiency standards 
under section 4(a)--
            (1) providing a discount on the chargeable premiums for the 
        mortgage insurance for such housing from the amount otherwise 
        chargeable for such mortgage insurance;
            (2) allowing mortgages to exceed the dollar amount limits 
        otherwise applicable under law to the extent such additional 
        amounts are used to finance improvements or measures designed 
        to meet the standards referred to in subsection (a); and
            (3) reducing the amount that the owner of such multifamily 
        housing meeting the standards referred to in subsection (a) is 
        required to contribute.

SEC. 11. ENERGY-EFFICIENT CERTIFICATIONS FOR MANUFACTURED HOUSING WITH 
              MORTGAGES.

    Section 526 of the National Housing Act (12 U.S.C. 1735f-4(a)) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``, other than manufactured 
                homes,'' each place such term appears;
                    (B) by inserting after the period at the end the 
                following: ``The energy performance requirements 
                developed and established by the Secretary under this 
                section for manufactured homes shall require Energy 
                Star rating for wall fixtures, appliances, and 
                equipment in such housing.'';
                    (C) by inserting ``(1)'' after ``(a)''; and
                    (D) by adding at the end the following new 
                paragraphs:
    ``(2) The Secretary shall require, with respect to any mortgage for 
manufactured housing insured under this Act, that any approval or 
certification of the housing for meeting any energy efficiency or 
conservation criteria, standards, or requirements pursuant to this 
title and any approval or certification required pursuant to this title 
with respect to energy-conserving improvements or any renewable energy 
sources, such as wind, solar energy geothermal, or biomass, shall be 
conducted only by an individual certified by a home energy rating 
system provider who has been accredited to conduct such ratings by the 
Home Energy Ratings System Council, the Residential Energy Services 
Network, or such other appropriate national organization, as the 
Secretary may provide, or by licensed professional architect or 
engineer. If any organization makes a request to the Secretary for 
approval to accredit individuals to conduct energy efficiency or 
conservation ratings, the Secretary shall review and approve or 
disapprove such request not later than the expiration of the 6-month 
period beginning upon receipt of such request.
    ``(3) The Secretary shall periodically examine the method used to 
conduct inspections for compliance with the requirements under this 
section, analyze various other approaches for conducting such 
inspections, and review the costs and benefits of the current method 
compared with other methods.''; and
            (2) in subsection (b), by striking ``, other than a 
        manufactured home,''.

SEC. 12. ASSISTED HOUSING ENERGY LOAN PILOT PROGRAM.

    (a) Authority.--Not later than the expiration of the 12-month 
period beginning on the date of the enactment of this Act, the 
Secretary shall develop and implement a pilot program under this 
section to facilitate the financing of cost-effective capital 
improvements for covered assisted housing projects to improve the 
energy efficiency and conservation of such projects.
    (b) Loans.--The pilot program under this section shall involve not 
less than three and not more than five lenders, and shall provide for a 
privately financed loan to be made for a covered assisted housing 
project, which shall--
            (1) finance capital improvements for the project that meet 
        such requirements as the Secretary shall establish, and may 
        involve contracts with third parties to perform such capital 
        improvements, including the design of such improvements by 
        licensed professional architects or engineers;
            (2) have a term to maturity of not more than 20 years, 
        which shall be based upon the duration necessary to realize 
        cost savings sufficient to repay the loan;
            (3) be secured by a mortgage subordinate to the mortgage 
        for the project that is insured under the National Housing Act; 
        and
            (4) provide for a reduction in the remaining principal 
        obligation under the loan based on the actual resulting cost 
        savings realized from the capital improvements financed with 
        the loan.
    (c) Underwriting Standards.--The Secretary shall review 
underwriting requirements for loans made under the pilot program under 
this section, which shall--
            (1) require the cost savings projected to be realized from 
        the capital improvements financed with the loan, during the 
        term of the loan, to exceed the costs of repaying the loan;
            (2) allow the designer or contractor involved in designing 
        capital improvements to be financed with a loan under the 
        program to carry out such capital improvements; and
            (3) include such energy, audit, property, financial, 
        ownership, and approval requirements as the Secretary considers 
        appropriate.
    (d) Treatment of Savings.--The pilot program under this section 
shall provide that the project owner shall receive the full financial 
benefit from any reduction in the cost of utilities resulting from 
capital improvements financed with a loan made under the program.
    (e) Covered Assisted Housing Projects.--For purposes of this 
section, the term ``covered assisted housing project'' means a housing 
project that--
            (1) is financed by a loan or mortgage that is--
                    (A) insured by the Secretary under--
                            (i) subsection (d)(3) of section 221 of the 
                        National Housing Act (12 U.S.C. 1715l), and 
                        bears interest at a rate determined under the 
                        proviso of section 221(d)(5) of such Act; or
                            (ii) subsection (d)(4) of such section 221;
                    (B) insured or assisted under section 236 of the 
                National Housing Act (12 U.S.C. 1715z-1); or
                    (C) is assisted with a capital advance under 
                section 202 of the Housing Act of 1959 (12 U.S.C. 
                1701q) or a loan under such section (as in effect 
                before October 1, 1991);
            (2) at the time a loan under this section is made, is 
        provided project-based rental assistance under section 8 of the 
        United States Housing Act of 1937 (42 U.S.C. 1437f) , or 
        project rental assistance under section 202 of the Housing Act 
        of 1959, as applicable, for 50 percent or more of the dwelling 
        units in the project; and
            (3) is not a housing project owned or held by the 
        Secretary, or subject to a mortgage held by the Secretary.

SEC. 13. MAKING IT GREEN.

    (a) Partnerships With Tree-planting Organizations.--The Secretary 
shall establish and provide incentives for developers of housing for 
which any HUD financial assistance, as determined by the Secretary, is 
provided for development, maintenance, operation, or other costs, to 
enter into agreements and partnerships with tree-planting 
organizations, nurseries, and landscapers to certify that trees, 
shrubs, grasses, and other plants are planted in the proper manner, are 
provided adequate maintenance, and survive for at least 3 years after 
planting or are replaced. The financial assistance determined by the 
Secretary as eligible under this section shall take into consideration 
such factors as cost effectiveness and affordability.
    (b) Making It Green Plan.--In the case of any new or substantially 
rehabilitated housing for which HUD financial assistance, as determined 
in accordance with subsection (a), is provided by the Secretary for the 
development, construction, maintenance, rehabilitation, improvement, 
operation, or costs of the housing, including financial assistance 
provided through the Community Development Block Grant program under 
title I of the Housing and Community Development Act of 1974 (42 U.S.C. 
5301 et seq.), the Secretary shall require the development of a plan 
that provides for--
            (1) in the case of new construction and improvements, 
        siting of such housing and improvements in a manner that 
        provides for energy efficiency and conservation to the extent 
        feasible, taking into consideration location and project type;
            (2) minimization of the effects of construction, 
        rehabilitation, or other development on the condition of 
        existing trees;
            (3) selection and installation of indigenous trees, shrubs, 
        grasses, and other plants based upon applicable design 
        guidelines and standards of the International Society for 
        Arboriculture;
            (4) post-planting care and maintenance of the landscaping 
        relating to or affected by the housing in accordance with best 
        management practices; and
            (5) establishment of a goal for minimum greenspace or tree 
        canopy cover for the housing site for which such financial 
        assistance is provided, including guidelines and timetables 
        within which to achieve compliance with such minimum 
        requirements.
    (c) Partnerships.--In carrying out this section, the Secretary is 
encouraged to consult, as appropriate, with national organizations 
dedicated to providing housing assistance and related services to low-
income families, such as the Alliance for Community Trees and its 
affiliates, the American Nursery and Landscape Association, the 
American Society of Landscape Architects, and the National Arbor Day 
Foundation.

SEC. 14. RESIDENTIAL ENERGY EFFICIENCY BLOCK GRANT PROGRAM.

    Title I of the Housing and Community Development Act of 1974 (42 
U.S.C. 5301 et seq.) is amended by adding at the end the following new 
section:

``SEC. 123. RESIDENTIAL ENERGY EFFICIENCY BLOCK GRANT PROGRAM.

    ``(a) In General.--To the extent amounts are made available for 
grants under this section, the Secretary shall make grants under this 
section to States, metropolitan cities and urban counties, Indian 
tribes, and insular areas to carry out energy efficiency improvements 
in new and existing single-family and multifamily housing.
    ``(b) Allocations.--
            ``(1) In general.--Of the total amount made available for 
        each fiscal year for grants under this section that remains 
        after reserving amounts pursuant to paragraph (2), the 
        Secretary shall allocate for insular areas, for metropolitan 
        cities and urban counties, and for States, an amount that bears 
        the same ratio to such total amount as the amount allocated for 
        such fiscal year under section 106 for Indian tribes, for 
        insular areas, for metropolitan cities and urban counties, and 
        for States, respectively, bears to the total amount made 
        available for such fiscal year for grants under section 106.
            ``(2) Set aside for indian tribes.--Of the total amount 
        made available for each fiscal year for grants under this 
        section, the Secretary shall allocate not less than 1 percent 
        to Indian tribes.
    ``(c) Grant Amounts.--
            ``(1) Entitlement communities.--From the amounts allocated 
        pursuant to subsection (b) for metropolitan cities and urban 
        counties for each fiscal year, the Secretary shall make a grant 
        for such fiscal year to each metropolitan city and urban county 
        that complies with the requirement under subsection (d), in the 
        amount that bears the same ratio such total amount so allocated 
        as the amount of the grant for such fiscal year under section 
        106 for such metropolitan city or urban county bears to the 
        aggregate amount of all grants for such fiscal year under 
        section 106 for all metropolitan cities and urban counties.
            ``(2) States.--From the amounts allocated pursuant to 
        subsection (b) for States for each fiscal year, the Secretary 
        shall make a grant for such fiscal year to each State that 
        complies with the requirement under subsection (d), in the 
        amount that bears the same ratio such total amount so allocated 
        as the amount of the grant for such fiscal year under section 
        106 for such State bears to the aggregate amount of all grants 
        for such fiscal year under section 106 for all States. Grant 
        amounts received by a State shall be used only for eligible 
        activities under subsection (e) carried out in nonentitlement 
        areas of the State.
            ``(3) Indian tribes.--From the amounts allocated pursuant 
        to subsection (b) for Indian tribes, the Secretary shall make 
        grants to Indian tribes that comply with the requirement under 
        subsection (d) on the basis of a competition conducted pursuant 
        to specific criteria, as the Secretary shall establish by 
        regulation, for the selection of Indian tribes to receive such 
        amount.
            ``(4) Insular areas.--From the amounts allocated pursuant 
        to subsection (b) for insular areas, the Secretary shall make a 
        grant to each insular area that complies with the requirement 
        under subsection (d) on the basis of the ratio of the 
        population of the insular area to the aggregate population of 
        all insular areas. In determining the distribution of amounts 
        to insular areas, the Secretary may also include other 
        statistical criteria as data become available from the Bureau 
        of Census of the Department of Labor, but only if such criteria 
        are set forth by regulation issued after notice and an 
        opportunity for comment.
    ``(d) Statement of Activities.--
            ``(1) Requirement.--Before receipt the receipt in any 
        fiscal year of a grant under subsection (c) by any grantee, the 
        grantee shall have prepared a final statement of housing energy 
        efficiency objectives and projected use of funds as the 
        Secretary shall require and shall have provided the Secretary 
        with such certifications regarding such objectives and use as 
        the Secretary may require. In the case of metropolitan cities, 
        urban counties, units of general local government, and insular 
        areas receiving grants, the statement of projected use of funds 
        shall consist of proposed housing energy efficiency activities. 
        In the case of States receiving grants, the statement of 
        projected use of funds shall consist of the method by which the 
        States will distribute funds to units of general local 
        government.
            ``(2) Public participation.--The Secretary may establish 
        requirements to ensure the public availability of information 
        regarding projected use of grant amounts and public 
        participation in determining such projected use.
    ``(e) Eligible Activities.--
            ``(1) Requirement.--Amounts from a grant under this section 
        may be used only to carry out activities for single-family or 
        multifamily housing that are designed to improve the energy 
        efficiency of the housing so that the housing complies with the 
        energy efficiency standards under section 4(a) of the Green 
        Resources for Energy Efficient Neighborhoods Act of 2010, 
        including such activities to provide energy for such housing 
        from renewable sources, such as wind, waves, solar, biomass, 
        and geothermal sources.
            ``(2) Preference for compliance beyond basic 
        requirements.--In selecting activities to be funded with 
        amounts from a grant under this section, a grantee shall give 
        more preference to activities based on the extent to which the 
        activities will result in compliance by the housing with the 
        enhanced energy efficiency and conservation standards, and the 
        green building standards, under section 4(b) of such Act.
    ``(f) Reports.--Each grantee of a grant under this section for a 
fiscal year shall submit to the Secretary, at a time determined by the 
Secretary, a performance and evaluation report concerning the use of 
grant amounts, which shall contain an assessment by the grantee of the 
relationship of such use to the objectives identified in the grantees 
statement under subsection (d).
    ``(g) Applicability of CDBG Provisions.--Sections 109, 110, and 111 
of the Housing and Community Development Act of 1974 (42 U.S.C. 5309, 
5310, 5311) shall apply to assistance received under this section to 
the same extent and in the same manner that such sections apply to 
assistance received under title I of such Act.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated for grants under this section $2,500,000,000 for fiscal 
year 2010 and such sums as may be necessary for each fiscal year 
thereafter.''.

SEC. 15. INCLUDING SUSTAINABLE DEVELOPMENT AND TRANSPORTATION 
              STRATEGIES IN COMPREHENSIVE HOUSING AFFORDABILITY 
              STRATEGIES.

    Section 105(b) of the Cranston-Gonzalez National Affordable Housing 
Act (42 U.S.C. 12705(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (19);
            (2) by striking the period at the end of paragraph (20) and 
        inserting ``; and'';
            (3) and by inserting after paragraph (20) the following new 
        paragraphs:
            ``(21) describe the jurisdiction's strategies to encourage 
        sustainable development for affordable housing, including 
        single-family and multifamily housing, as measured by--
                    ``(A) greater energy efficiency and use of 
                renewable energy sources, including any strategies 
                regarding compliance with the energy efficiency 
                standards under section 4(a) of the Green Resources for 
                Energy Efficient Neighborhoods Act of 2010 and with the 
                enhanced energy efficiency and conservation standards, 
                and the green building standards, under section 4(b) of 
                such Act;
                    ``(B) increased conservation, recycling, and reuse 
                of resources;
                    ``(C) more effective use of existing 
                infrastructure;
                    ``(D) use of building materials and methods that 
                are healthier for residents of the housing, including 
                use of building materials that are free of added known 
                carcinogens that are classified as Group 1 Known 
                Carcinogens by the International Agency for Research on 
                Cancer; and
                    ``(E) such other criteria as the Secretary 
                determines, in consultation with the Secretary of 
                Energy, the Secretary of Agriculture, and the 
                Administrator of the Environmental Protection Agency, 
                are in accordance with the purposes of this paragraph; 
                and
            ``(22) describe the jurisdiction's efforts to coordinate 
        its housing strategy with its transportation planning 
        strategies to ensure to the extent practicable that residents 
        of affordable housing have access to public transportation.''.

SEC. 16. GRANT PROGRAM TO INCREASE SUSTAINABLE LOW-INCOME COMMUNITY 
              DEVELOPMENT CAPACITY.

    (a) In General.--The Secretary may make grants to nonprofit 
organizations to use for any of the following purposes:
            (1) Training, educating, supporting, or advising an 
        eligible community development organization or qualified youth 
        service and conservation corps in improving energy efficiency, 
        resource conservation and reuse, design strategies to maximize 
        energy efficiency, installing or constructing renewable energy 
        improvements (such as wind, wave, solar, biomass, and 
        geothermal energy sources), and effective use of existing 
        infrastructure in affordable housing and economic development 
        activities in low-income communities, taking into consideration 
        energy efficiency standards under section 4(a) of this Act and 
        with the enhanced energy efficiency and conservation standards, 
        and the green building standards, under section 4(b) of this 
        Act.
            (2) Providing loans, grants, or predevelopment assistance 
        to eligible community development organizations or qualified 
        youth service and conservation corps to carry out energy 
        efficiency improvements that comply with the energy efficiency 
        standards under section 4(a) of this Act, resource conservation 
        and reuse, and effective use of existing infrastructure in 
        affordable housing and economic development activities in low-
        income communities. In providing assistance under this 
        paragraph, the Secretary shall give more preference to 
        activities based on the extent to which the activities will 
        result in compliance with the enhanced energy efficiency and 
        conservation standards, and the green building standards, under 
        section 4(b) of this Act.
            (3) Such other purposes as the Secretary determines are in 
        accordance with the purposes of this subsection.
    (b) Application Requirement.--To be eligible for a grant under this 
section, a nonprofit organization shall prepare and submit to the 
Secretary an application at such time, in such manner, and containing 
such information as the Secretary may require.
    (c) Award of Contracts.--Contracts for architectural or engineering 
services funded with amounts from grants made under this section shall 
be awarded in accordance with chapter 11 of title 40, United States 
Code (relating to selection of architects and engineers).
    (d) Matching Requirement.--A grant made under this section may not 
exceed the amount that the nonprofit organization receiving the grant 
certifies, to the Secretary, will be provided (in cash or in-kind) from 
nongovernmental sources to carry out the purposes for which the grant 
is made.
    (e) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) The term ``nonprofit organization'' has the meaning 
        given such term in section 104 of the Cranston-Gonzalez 
        National Affordable Housing Act (42 U.S.C. 12704).
            (2) The term ``eligible community development 
        organization'' means--
                    (A) a unit of general local government (as defined 
                in section 104 of the Cranston-Gonzalez National 
                Affordable Housing Act (42 U.S.C. 12704));
                    (B) a community housing development organization 
                (as defined in section 104 of the Cranston-Gonzalez 
                National Affordable Housing Act (42 U.S.C. 12704));
                    (C) an Indian tribe or tribally designated housing 
                entity (as such terms are defined in section 4 of the 
                Native American Housing Assistance and Self-
                Determination Act of 1996 (25 U.S.C. 4103)); or
                    (D) a public housing agency, as such term is 
                defined in section 3(b) of the United States Housing 
                Act of 1937 (42 U.S.C. 1437(b)).
            (3) The term ``low-income community'' means a census tract 
        in which 50 percent or more of the households have an income 
        which is less than 80 percent of the greater of--
                    (A) the median gross income for such year for the 
                area in which such census tract is located; or
                    (B) the median gross income for such year for the 
                State in which such census tract is located.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $10,000,000 for 
each of fiscal years 2010 through 2014.

SEC. 17. HOPE VI GREEN DEVELOPMENTS REQUIREMENT.

    (a) Mandatory Component.--Section 24(e) of the United States 
Housing Act of 1937 (42 U.S.C. 1437v(e)) is amended by adding at the 
end the following new paragraph:
            ``(4) Green developments requirement.--
                    ``(A) Requirement.--The Secretary may not make a 
                grant under this section to an applicant unless the 
                proposed revitalization plan of the applicant to be 
                carried out with such grant amounts meets the following 
                requirements:
                            ``(i) Green communities criteria.--All 
                        residential construction under the proposed 
                        plan complies with the national Green 
                        Communities criteria for residential 
                        construction and rehabilitation that provides 
                        criteria for the design, development, and 
                        operation of affordable housing, as such 
                        criteria are in effect for purposes of this 
                        paragraph pursuant to subparagraph (D) at the 
                        date of the application for the grant, or any 
                        substantially equivalent standard or standards 
                        as determined by the Secretary, as follows:
                                    ``(I) The proposed plan shall 
                                comply with all items of the national 
                                Green Communities criteria for 
                                residential construction and 
                                rehabilitation that are identified as 
                                mandatory.
                                    ``(II) The proposed plan shall 
                                comply with such other nonmandatory 
                                items of such national Green 
                                Communities criteria so as to result in 
                                a cumulative number of points 
                                attributable to such nonmandatory items 
                                under such criteria of not less than--
                                            ``(aa) 25 points, in the 
                                        case of any proposed plan (or 
                                        portion thereof) consisting of 
                                        new construction; and
                                            ``(bb) 20 points, in the 
                                        case of any proposed plan (or 
                                        portion thereof) consisting of 
                                        rehabilitation.
                            ``(ii) Green buildings certification 
                        system.--All nonresidential construction under 
                        the proposed plan complies with all minimum 
                        required levels of the green building rating 
                        systems and levels identified by the Secretary 
                        pursuant to subparagraph (C), as such systems 
                        and levels are in effect for purposes of this 
                        paragraph pursuant to subparagraph (D) at the 
                        time of the application for the grant.
                    ``(B) Verification.--
                            ``(i) In general.--The Secretary shall 
                        verify, or provide for verification, sufficient 
                        to ensure that each proposed revitalization 
                        plan carried out with amounts from a grant 
                        under this section complies with the 
                        requirements under subparagraph (A) and that 
                        the revitalization plan is carried out in 
                        accordance with such requirements and plan.
                            ``(ii) Timing.--In providing for such 
                        verification, the Secretary shall establish 
                        procedures to ensure such compliance with 
                        respect to each grantee, and shall report to 
                        the Congress with respect to the compliance of 
                        each grantee, at each of the following times:
                                    ``(I) Not later than 6 months after 
                                execution of the grant agreement under 
                                this section for the grantee.
                                    ``(II) Upon completion of the 
                                revitalization plan of the grantee.
                    ``(C) Identification of green buildings rating 
                systems and levels.--
                            ``(i) In general.--For purposes of this 
                        paragraph, the Secretary shall identify rating 
                        systems and levels for green buildings that the 
                        Secretary determines to be the most likely to 
                        encourage a comprehensive and environmentally 
                        sound approach to ratings and standards for 
                        green buildings. The identification of the 
                        ratings systems and levels shall be based on 
                        the criteria specified in clause (ii), shall 
                        identify the highest levels the Secretary 
                        determines are appropriate above the minimum 
                        levels required under the systems selected. 
                        Within 90 days of the completion of each study 
                        required by clause (iii), the Secretary shall 
                        review and update the rating systems and 
                        levels, or identify alternative systems and 
                        levels for purposes of this paragraph, taking 
                        into account the conclusions of such study.
                            ``(ii) Criteria.--In identifying the green 
                        rating systems and levels, the Secretary shall 
                        take into consideration--
                                    ``(I) the ability and availability 
                                of assessors and auditors to 
                                independently verify the criteria and 
                                measurement of metrics at the scale 
                                necessary to implement this paragraph;
                                    ``(II) the ability of the 
                                applicable ratings system organizations 
                                to collect and reflect public comment;
                                    ``(III) the ability of the 
                                standards to be developed and revised 
                                through a consensus-based process;
                                    ``(IV) An evaluation of the 
                                robustness of the criteria for a high-
                                performance green building, which shall 
                                give credit for promoting--
                                            ``(aa) efficient and 
                                        sustainable use of water, 
                                        energy, and other natural 
                                        resources;
                                            ``(bb) use of renewable 
                                        energy sources;
                                            ``(cc) improved indoor and 
                                        outdoor environmental quality 
                                        through enhanced indoor and 
                                        outdoor air quality, thermal 
                                        comfort, acoustics, outdoor 
                                        noise pollution, day lighting, 
                                        pollutant source control, 
                                        sustainable landscaping, and 
                                        use of building system controls 
                                        and low- or no-emission 
                                        materials, including preference 
                                        for materials with no added 
                                        carcinogens that are classified 
                                        as Group 1 Known Carcinogens by 
                                        the International Agency for 
                                        Research on Cancer; and
                                            ``(dd) such other criteria 
                                        as the Secretary determines to 
                                        be appropriate; and
                                    ``(V) national recognition within 
                                the building industry.
                            ``(iii) 5-year evaluation.--At least once 
                        every 5 years, the Secretary shall conduct a 
                        study to evaluate and compare available third-
                        party green building rating systems and levels, 
                        taking into account the criteria listed in 
                        clause (ii).
                    ``(D) Applicability and updating of standards.--
                            ``(i) Applicability.--Except as provided in 
                        clause (ii) of this subparagraph, the national 
                        Green Communities criteria and green building 
                        rating systems and levels referred to in 
                        clauses (i) and (ii) of subparagraph (A) that 
                        are in effect for purposes of this paragraph 
                        are such criteria and systems, and levels as in 
                        existence upon the date of the enactment of the 
                        Green Resources for Energy Efficient 
                        Neighborhoods Act of 2010.
                            ``(ii) Updating.--The Secretary may, by 
                        regulation, adopt and apply, for purposes of 
                        this paragraph, future amendments and 
                        supplements to, and editions of, the national 
                        Green Communities criteria, any standard or 
                        standards that the Secretary has determined to 
                        be substantially equivalent to such criteria, 
                        and the green building ratings systems and 
                        levels identified by the Secretary pursuant to 
                        subparagraph (C).''.
    (b) Selection Criteria; Graded Component.--Section 24(e)(2) of the 
United States Housing Act of 1937 (42 U.S.C. 1437v(e)(2)) is amended--
            (1) in subparagraph (K), by striking ``and'' at the end;
            (2) by redesignating subparagraph (L) as subparagraph (M); 
        and
            (3) by inserting after subparagraph (K) the following new 
        subparagraph:
                    ``(L) the extent to which the proposed 
                revitalization plan--
                            ``(i) in the case of residential 
                        construction, complies with the nonmandatory 
                        items of the national Green Communities 
                        criteria identified in paragraph (4)(A)(i), or 
                        any substantially equivalent standard or 
                        standards as determined by the Secretary, but 
                        only to the extent such compliance exceeds the 
                        compliance necessary to accumulate the number 
                        of points required under such paragraph; and
                            ``(ii) in the case of nonresidential 
                        construction, complies with the components of 
                        the green building rating systems and levels 
                        identified by the Secretary pursuant to 
                        paragraph (4)(C), but only to the extent such 
                        compliance exceeds the minimum level required 
                        under such systems and levels; and''.

SEC. 18. CONSIDERATION OF ENERGY EFFICIENCY IMPROVEMENTS IN APPRAISALS.

    (a) Appraisals in Connection With Federally Related Transactions.--
            (1) Requirement.--Section 1110 of the Financial 
        Institutions Reform, Recovery, and Enforcement Act of 1989 (12 
        U.S.C. 3339) is amended--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) that such appraisals be performed in accordance with 
        appraisal standards that require, in determining the value of a 
        property, consideration of any renewable energy sources for, or 
        energy efficiency or energy-conserving improvements or features 
        of, the property;''.
            (2) Revision of appraisal standards.--Each Federal 
        financial institutions regulatory agency shall, in accordance 
        with sections 1107 and 1111 (12 U.S.C. 3336, 3340) and in 
        coordination with Federal officials, including the Secretary of 
        Energy, the Administrator of the Environmental Protection 
        Agency, and the Administrator of the General Services 
        Administration, revise its standards for the performance of 
        real estate appraisals in connection with federally related 
        transactions under the jurisdiction of the agency to comply 
        with the requirement under the amendments made by paragraph (1) 
        of this subsection.
    (b) Ensuring Consideration of Energy-efficient Features When 
Reaching Conclusions of Market Value.--Section 1110 of the Financial 
Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 
3339), as amended by subsection (a) of this section, is further 
amended--
            (1) in paragraph (3) (as so redesignated by subsection 
        (a)(1)(B) of this section), by striking the period and 
        inserting ``; and''; and
            (2) by inserting after such paragraph (3) the following:
            ``(4) that State-certified and licensed appraisers have 
        timely access, whenever practicable, to information from the 
        lender relevant to an appraisal of the energy and water 
        efficiency or conserving improvements or features of a 
        property, such as labels or ratings of buildings and installed 
        appliances, blueprints, construction costs, incentives 
        regarding energy- and water-efficient components and systems 
        installed in a property, and third-party verifications or 
        representations of energy and water efficiency performance of a 
        property, observing all financial privacy requirements adhered 
        to by certified and licensed appraisers, including section 501 
        of the Gramm-Leach-Bliley Act (15 U.S.C. 6801); unless the 
        property owner consents to the lender, an appraiser shall not 
        have access to the commercial of financial information of the 
        owner that is privileged or confidential.''.
    (c) Transactions Requiring State Certified Appraisers.--Section 
1113 of the Financial Institutions Reform, Recovery, and Enforcement 
Act of 1989 (12 U.S.C. 3342) is amended--
            (1) in paragraph (1), by inserting before the semicolon the 
        following: ``or any real property with energy-efficiency or 
        energy-conserving improvements or features''; and
            (2) in paragraph (2) by inserting after ``complexity'' the 
        following: ``(such as identifying and supporting the 
        contribution to market value of energy-efficiency or energy-
        conserving improvements or features)''.

SEC. 19. HOUSING ASSISTANCE COUNCIL.

    The Secretary shall require the Housing Assistance Council--
            (1) to encourage each organization that receives loan 
        assistance from the Council with any amounts made available 
        from the Secretary to provide that any structures and buildings 
        developed or assisted under projects, programs, and activities 
        funded with such amounts complies with the energy efficiency 
        standards under section 4(a) of this Act; and
            (2) to establish incentives to encourage each such 
        organization to provide that any such structures and buildings 
        comply with the energy efficiency and conservation standards, 
        and the green building standards, under section 4(b) of such 
        Act.

SEC. 20. RURAL HOUSING AND ECONOMIC DEVELOPMENT ASSISTANCE.

    The Secretary shall--
            (1) require each tribe, agency, organization, corporation, 
        and other entity that receives any assistance from the Office 
        of Rural Housing and Economic Development of the Department of 
        Housing and Urban Development to provide that any structures 
        and buildings developed or assisted under activities funded 
        with such amounts complies with the energy efficiency standards 
        under section 4(a) of this Act; and
            (2) establish incentives to encourage each such tribe, 
        agency, organization, corporation, and other entity to provide 
        that any such structures and buildings comply with the enhanced 
        energy efficiency and conservation standards, and the green 
        building standards, under section 4(b) of such Act.

SEC. 21. LOANS TO STATES AND INDIAN TRIBES TO CARRY OUT RENEWABLE 
              ENERGY SOURCES ACTIVITIES.

    (a) Establishment of Fund.--There is established in the Treasury of 
the United States a fund, to be known as the ``Alternative Energy 
Sources State Loan Fund''.
    (b) Expenditures.--
            (1) In general.--Subject to paragraph (2), on request by 
        the Secretary, the Secretary of the Treasury shall transfer 
        from the Fund to the Secretary such amounts as the Secretary 
        determines are necessary to provide loans under subsection 
        (c)(1).
            (2) Administrative expenses.--Of the amounts in the Fund, 
        not more than 5 percent shall be available for each fiscal year 
        to pay the administrative expenses of the Department of Housing 
        and Urban Development to carry out this section.
    (c) Loans to States and Indian Tribes.--
            (1) In general.--The Secretary shall use amounts in the 
        Fund to provide loans to States and Indian tribes to provide 
        incentives to owners of single-family and multifamily housing, 
        commercial properties, and public buildings to provide--
                    (A) renewable energy sources for such structures, 
                such as wind, wave, solar, biomass, or geothermal 
                energy sources, including incentives to companies and 
                businesses to change their source of energy to such 
                renewable energy sources and for changing the sources 
                of energy for public buildings to such renewable energy 
                sources;
                    (B) energy-efficiency and energy-conserving 
                improvements and features for such structures; or
                    (C) infrastructure related to the delivery of 
                electricity and hot water for structures lacking such 
                amenities.
            (2) Eligibility.--To be eligible to receive a loan under 
        this subsection, a State or Indian tribe, directly or through 
        an appropriate State or tribal agency, shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require.
            (3) Criteria for approval.--The Secretary may approve an 
        application of a State or Indian tribe under paragraph (2) only 
        if the Secretary determines that the State or tribe will use 
        the funds from the loan under this subsection to carry out a 
        program to provide incentives described in paragraph (1) that--
                    (A) requires that any such renewable energy 
                sources, and energy-efficiency and energy-conserving 
                improvements and features, developed pursuant to 
                assistance under the program result in compliance of 
                the structure so improved with the energy efficiency 
                standards under section 4(a) of this Act; and
                    (B) includes such compliance and audit requirements 
                as the Secretary determines are necessary to ensure 
                that the program is operated in a sound and effective 
                manner.
            (4) Preference.--In making loans during each fiscal year, 
        the Secretary shall give preference to States and Indian tribes 
        that have not previously received a loan under this subsection.
            (5) Maximum amount.--The aggregate outstanding principal 
        amount from loans under this subsection to any single State or 
        Indian tribe may not exceed $500,000,000.
            (6) Loan terms.--Each loan under this subsection shall have 
        a term to maturity of not more than 10 years and shall bear 
        interest at annual rate, determined by the Secretary, that 
        shall not exceed interest rate charged by the Federal Reserve 
        Bank of New York to commercial banks and other depository 
        institutions for very short-term loans under the primary credit 
        program, as most recently published in the Federal Reserve 
        Statistical Release on selected interest rates (daily or 
        weekly), and commonly referred to as the H.15 release, 
        preceding the date of a determination for purposes of applying 
        this paragraph.
            (7) Loan repayment.--The Secretary shall require full 
        repayment of each loan made under this section.
    (d) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such amounts in the Fund that are not, in the judgment of the 
        Secretary of the Treasury, required to meet needs for current 
        withdrawals.
            (2) Obligations of united states.--Investments may be made 
        only in interest-bearing obligations of the United States.
    (e) Reports.--
            (1) Reports to secretary.--For each year during the term of 
        a loan made under subsection (c), the State or Indian tribe 
        that received the loan shall submit to the Secretary a report 
        describing the State or tribal alternative energy sources 
        program for which the loan was made and the activities 
        conducted under the program using the loan funds during that 
        year.
            (2) Report to congress.--Not later than September 30 of 
        each year that loans made under subsection (c) are outstanding, 
        the Secretary shall submit a report to the Congress describing 
        the total amount of such loans provided under subsection (c) to 
        each eligible State and Indian tribe during the fiscal year 
        ending on such date, and an evaluation on effectiveness of the 
        Fund.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Fund $5,000,000,000.
    (g) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given such term in section 4 of the Native American 
        Housing Assistance and Self-Determination Act of 1996 (25 
        U.S.C. 4103).
            (2) State.--The term ``State'' means each of the several 
        States, the Commonwealth of Puerto Rico, the District of 
        Columbia, the Commonwealth of the Northern Mariana Islands, 
        Guam, the Virgin Islands, American Samoa, the Trust Territories 
        of the Pacific, or any other possession of the United States.

SEC. 22. GAO REPORTS ON AVAILABILITY OF AFFORDABLE MORTGAGES.

    (a) Study.--The Comptroller General of the United States shall 
periodically, as necessary to comply with subsection (b), examine the 
impact of this Act and the amendments made by this Act on the 
availability of affordable mortgages in various areas throughout the 
United States, including cities having older infrastructure and limited 
space for the development of new housing.
    (b) Reports.--The Comptroller General shall submit reports under 
this subsection to the Committee on Financial Services of the House of 
Representatives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate that shall include--
            (1) a detailed statement of the most recent findings 
        pursuant to subsection (a); and
            (2) if the Comptroller General finds that this Act or the 
        amendments made by this Act have directly or indirectly 
        resulted in consequences that limit the availability or 
        affordability of mortgages in any area or areas within the 
        United States, including any city having older infrastructure 
        and limited space for the development of new housing, any 
        recommendations for any additional actions at the Federal, 
        State, or local levels that the Comptroller General considers 
        necessary or appropriate to mitigate such effects.
The first report under this subsection shall be submitted not later 
than the expiration of the 3-year period beginning on the date of the 
enactment of this Act and thereafter, the Comptroller General shall 
submit a report pursuant to a joint request for such a report made by 
the Chairman and Ranking Members of the Committee on Financial Services 
of the House of Representatives and of the Committee on Banking, 
Housing, and Urban Affairs of the Senate.

SEC. 23. PUBLIC HOUSING ENERGY COST REPORT.

    (a) Collection of Information by HUD.--The Secretary of Housing and 
Urban Development shall obtain from each public housing agency, by such 
time as may be necessary to comply with the reporting requirement under 
subsection (b), information regarding the energy costs for public 
housing administered or operated by the agency. For each public housing 
agency, such information shall include the monthly energy costs 
associated with each separate building and development of the agency, 
for the most recently completed 12-month period for which such 
information is available, and such other information as the Secretary 
determines is appropriate in determining which public housing buildings 
and developments are most in need of repairs and improvements to reduce 
energy needs and costs and become more energy efficient.
    (b) Report.--Not later than the expiration of the 12-month period 
beginning on the date of the enactment of this Act, the Secretary of 
Housing and Urban Development shall submit a report to the Congress 
setting forth the information collected pursuant to subsection (a).

SEC. 24. INSURANCE COVERAGE FOR LOANS FOR FINANCING OF RENEWABLE ENERGY 
              SYSTEMS LEASED FOR RESIDENTIAL USE.

    (a) Purposes.--The purposes of this section are--
            (1) to encourage residential use of renewable energy 
        systems by minimizing up-front costs and providing immediate 
        utility cost savings to consumers through leasing of such 
        systems to homeowners;
            (2) to reduce carbon emissions and the use of nonrenewable 
        resources;
            (3) to encourage energy-efficient residential construction 
        and rehabilitation;
            (4) to encourage the use of renewable resources by 
        homeowners;
            (5) to minimize the impact of development on the 
        environment;
            (6) to reduce consumer utility costs; and
            (7) to encourage private investment in the green economy.
    (b) Authority.--The Secretary of Housing and Urban Development may, 
upon application by an authorized renewable energy lender and in 
accordance with such terms and conditions as the Secretary may 
prescribe, consistent with the purposes of this section, make 
commitments to insure, and insure, loans made by such lenders to 
homebuilders, renewable energy installers or manufacturers, public or 
private corporations or partnerships, associations, trusts, or other 
qualified persons or entities, to finance the acquisition of renewable 
energy systems for lease to homeowners for use at their residences.
    (c) Effective Date of Insurance.--Insurance provided pursuant to 
this section for a loan shall become effective only upon the expiration 
of the 5-year period beginning upon the original execution of a 
renewable energy system lease (as such term is defined in subsection 
(o)) for the renewable energy system.
    (d) Limitation on Principal Amount.--
            (1) Limitation.--The principal amount of the loan insured 
        under this section shall not exceed the residual value of the 
        renewable energy system.
            (2) Residual value.--For purposes of this subsection--
                    (A) the residual value of a renewable energy system 
                shall be the amount that is equal to the fair market 
                value of the future revenue stream from the sale of the 
                expected remaining electricity production from the 
                system, pursuant to the easement granted in accordance 
                with subsection (e); and
                    (B) the fair market value of the future revenue 
                stream for each year of the remaining life of the 
                renewable energy system shall be determined based on 
                the net present value of the renewable energy system 
                manufacturer's power output production warranty for the 
                system and the forecast of regional residential 
                electricity prices made by the Energy Information 
                Administration of the Department of Energy.
    (e) Easement for Sale of Remaining Electricity.--The Secretary may 
not insure a loan for financing of renewable energy systems under this 
section unless the borrower under the loan ensures, in accordance with 
such requirements as the Secretary shall establish, consistent with the 
purposes of this section, that the systems financed will be leased only 
to homeowners that grant easements sufficient to provide for the sale 
of remaining electricity production from the system to a wholesale or 
retail electrical power grid.
    (f) Discount or Prepayment.--To encourage utilization of renewable 
energy systems, the Secretary shall ensure that a homebuilder's or 
other investor's discount or prepayment of a homeowner's renewable 
energy system lease shall not adversely affect that homeowner's 
mortgage requirements.
    (g) Eligibility of Lenders.--The Secretary may not insure a loan 
under this section unless the lender making the loan--
            (1)(A) is an institution that qualifies as a green banking 
        center pursuant to section 8(x) of the Federal Deposit 
        Insurance Act (12 U.S.C. 1818(x)) or section 206(x) of the 
        Federal Credit Union Act (12 U.S.C. 1786(x)); or
            (B) meets such other requirements as the Secretary shall 
        establish for participation of renewable energy lenders in the 
        program under this section; and
            (2) meets such qualifications as the Secretary shall 
        establish for all lenders for participation in the program 
        under this section and is approved by the Secretary as meeting 
        such qualifications.
    (h) Certificate of Insurance.--Insurance of a loan under this 
section shall be evidenced by a certificate of insurance coverage 
issued by the Secretary to the lender under the loan. Such certificate 
shall set forth the fair market value of the future revenue stream for 
each year of the remaining life of the renewable energy system as 
determined in accordance with subsection (d).
    (i) Payment of Insurance.--
            (1) In general.--The Secretary shall provide for the filing 
        of claims for insurance under this section and the payment of 
        such claims. A claim may be paid only upon a default under the 
        loan insured under this section and the assignment, transfer, 
        and delivery to the Secretary of all rights and interests 
        arising under the loan and all claims of the lender or the 
        assigns of the lender against the borrower or others arising 
        under the loan transaction.
            (2) Lien.--Upon payment of a claim for insurance of a loan 
        under this section, the Secretary shall be granted a lien on 
        the underlying renewable energy system assets and any 
        associated revenue stream from use of that system, which shall 
        be superior to all other liens on such assets, and the residual 
        value of that system and the revenue stream shall be at least 
        equal to the unpaid balance of the loan amount covered by the 
        certificate of insurance. The Secretary shall be entitled to 
        any revenue generated by the renewable energy system from 
        selling electricity to the grid when an insurance claim has 
        been paid out.
    (j) Assignment and Transferability of Insurance.--The holder of 
insurance provided under this section may assign or transfer the 
insurance in whole or in part, to another lender, subject to such 
requirements as the Secretary may prescribe.
    (k) Premiums and Charges.--
            (1) Insurance fee.--The Secretary shall fix and collect 
        premiums for insurance of loans under this section, that shall 
        be paid by the qualified applicant at the time of issuance of 
        the certificate of insurance to the lender and shall be 
        adequate, in the determination of the Secretary, to cover 
        expenses and probable losses, including any costs (as such term 
        is defined in section 502 of the Federal Credit Reform Act of 
        1990 (2 U.S.C. 661a) of loan insurance under this section. In 
        no event may such premium exceed 3 percent of the principal 
        obligation of the loan being insured.
            (2) Prohibition on other charges.--Except as provided in 
        paragraph (1), the Secretary may not assess any fees, including 
        user fees, insurance premiums, or charges in connection with 
        loan insurance provided under this section.
    (l) Full Faith and Credit.--The certificate of insurance issued by 
the Secretary under this section shall be backed by the full faith and 
credit of the United States of America.
    (m) Regulations.--The Secretary shall issue such regulations as may 
be necessary to carry out this section. The Secretary shall issue final 
or interim final regulations not later than the expiration of the 180-
day period beginning on the date of the enactment of this Act.
    (n) Ineligibility for Purchase by Federal Financing Bank.--
Notwithstanding the provisions of the Federal Financing Bank Act of 
1973 (12 U.S.C. 2281 et seq.) or any other provision of law, no debt 
obligation that is insured or committed to be insured by the Secretary 
under this section shall be subject to the provisions of such Act.
    (o) Definitions.--For purposes of this section, the following 
definitions apply:
            (1) Renewable energy system lease.--The term ``renewable 
        system energy lease'' means an agreement between a qualified 
        investor in a renewable energy system and a homeowner pursuant 
        to which the homeowner grants an easement to the investor to 
        install, maintain, use, and otherwise access the renewable 
        energy system and leases the use of that system from the 
        qualified investor for a specified term.
            (2) Renewable energy system.--The term ``renewable energy 
        system'' means a system that generates energy from naturally 
        replenished energy sources such as sunlight, wind, rain, tides 
        or geothermal heat.
            (3) Renewable energy manufacturer.--The term ``renewable 
        energy manufacturer'' means a manufacturer of renewable energy 
        systems.

SEC. 25. GREEN GUARANTEES.

    (a) Authority To Guarantee ``Green Portion'' of Eligible 
Mortgages.--
            (1) In general.--The Secretary of Housing and Urban 
        Development may make commitments to guarantee under this 
        section and may guarantee, the repayment of the portions of the 
        principal obligations of eligible mortgages that are used to 
        finance eligible sustainable building elements for the housing 
        that is subject to the mortgage.
            (2) Amount of guarantee.--A guarantee under this section by 
        the Secretary in connection with an eligible mortgage shall not 
        exceed a percentage of the green portion (as such term is 
        defined in subsection (g)) of the mortgage, as shall be 
        established by the Secretary and may be established on a 
        regional basis as the Secretary determines appropriate.
    (b) Eligible Mortgages.--To be considered an eligible mortgage for 
purposes of this section, a mortgage shall comply with all of the 
following requirements:
            (1) Acquisition or construction of housing.--The mortgage 
        shall be made for the acquisition or construction of single- or 
        multifamily housing and repayment of the mortgage shall be 
        secured by an interest in such housing.
            (2) Financing of eligible sustainable building elements 
        through green portion of mortgage.--A portion of the principal 
        obligation of the mortgage, which meets the requirements under 
        subsection (c), shall be used only for financing the provision 
        of eligible sustainable building elements for the housing for 
        which the mortgage was made.
            (3) Maximum mortgage amount.--The principal obligation of 
        the mortgage (including the eligible portion of such mortgage, 
        and such initial service charges, appraisal, inspection, and 
        other fees as the Secretary shall approve) may not exceed the 
        following amounts:
                    (A) Single-family housing.--Such dollar amounts for 
                single-family housing as the Secretary shall establish, 
                which may be established on the basis of the number of 
                dwelling units in the housing, as the Secretary 
                considers appropriate.
                    (B) Multifamily housing.--Such dollar amounts for 
                multifamily housing as the Secretary shall establish, 
                which may be established on the basis of the number of 
                dwelling units in the housing and the number of 
                bedrooms in such dwelling units, as the Secretary 
                considers appropriate.
            (4) Repayment.--The mortgage meets such requirements as the 
        Secretary shall establish to ensure that there is a reasonable 
        prospect of repayment of the principal and interest on the 
        obligation by the mortgagor.
            (5) Mortgage terms.--The mortgage shall meet such 
        requirements with respect to loan-to-value ratio, mortgagor 
        credit scores, debt-to-income ratio, and other underwriting 
        standards, term to maturity, interest rates and amortization, 
        including amortization of the green portion of the mortgage, 
        and other mortgage terms as the Secretary shall establish.
    (c) Limitations on Green Portion of Mortgage.--The requirements 
under this subsection with respect to the green portion of an eligible 
mortgage are as follows:
            (1) Percentage limitation.--Such portion shall not exceed, 
        in the case of single-family or multifamily housing, 10 percent 
        of the total principal obligation of the mortgage.
            (2) Dollar amount limitation.--Such portion shall not 
        exceed--
                    (A) in the case of single-family housing, such 
                maximum dollar amount limitation as the Secretary shall 
                establish, which may be established on the basis of the 
                number of dwelling units in the housing, as the 
                Secretary considers appropriate; and
                    (B) in the case of multifamily housing, such 
                maximum dollar amount limitation as the Secretary shall 
                establish, which limitation may be established on the 
                basis of the number of dwelling units in the housing 
                and the number of bedrooms in such dwelling units, as 
                the Secretary considers appropriate.
            (3) Cost-effectiveness limitation.--Such portion shall not 
        exceed the total present value of the savings (as determined in 
        accordance with subsection (d)) attributable to the 
        incorporation of the eligible sustainable building elements to 
        be financed with the green portion of the mortgage that are to 
        be realized over the useful life of such elements.
    (d) Eligible Sustainable Building Elements.--The Secretary may not 
guarantee any eligible mortgage under this section unless the mortgagor 
has demonstrated, in accordance with such requirements as the Secretary 
shall establish, the amount of savings attributable to incorporation of 
the sustainable building elements to be financed with the green portion 
of the mortgage, as measured by the National Green Building Standard 
for all residential construction developed by the National Association 
of Home Builders and the U.S. Green Building Council, and approved by 
the American National Standards Institute, as updated and in effect at 
the time of such demonstration.
    (e) Guarantee Fee.--
            (1) Assessment and collection.--The Secretary shall assess 
        and collect fees for guarantees under this section in amounts 
        that the Secretary determines are sufficient to cover the costs 
        (as such term is defined in section 502 of the Federal Credit 
        Reform Act of 1990 (2 U.S.C. 661a)) of such guarantees.
            (2) Availability.--Fees collected under this subsection 
        shall be deposited by the Secretary in the Treasury of the 
        United States and shall remain available until expended, 
        subject to such other conditions as are contained in annual 
        appropriations Acts.
    (f) Payment of Guarantee.--
            (1) Default.--
                    (A) Right to payment.--If a mortgagor under a 
                mortgage guaranteed under this section defaults (as 
                defined in regulations issued by the Secretary and 
                specified in the guarantee contract) on the obligation 
                under the mortgage--
                            (i) the holder of the guarantee shall have 
                        the right to demand payment of the unpaid 
                        amount of the guaranteed portion of the 
                        mortgage, to the extent provided under 
                        subsection (a)(2), from the Secretary; and
                            (ii) within such period as may be specified 
                        in the guarantee or related agreements, the 
                        Secretary shall pay to the holder of the 
                        guarantee, to the extent provided under 
                        subsection (a)(2), the unpaid interest on, and 
                        unpaid principal of the portion of guaranteed 
                        portion of the mortgage with respect to which 
                        the borrower has defaulted, unless the 
                        Secretary finds that there was no default by 
                        the borrower in the payment of interest or 
                        principal or that the default has been 
                        remedied.
                    (B) Forbearance.--Nothing in this paragraph 
                precludes any forbearance by the holder of an eligible 
                mortgage for the benefit of the mortgagor which may be 
                agreed upon by the parties to the mortgage and approved 
                by the Secretary.
            (2) Subrogation.--
                    (A) In general.--If the Secretary makes a payment 
                under paragraph (1), the Secretary shall be subrogated 
                to the extent of such payment to the rights of the 
                recipient of the payment as specified in the guarantee 
                or related agreements including, if appropriate, the 
                authority (notwithstanding any other provision of 
                law)--
                            (i) to complete, maintain, operate, lease, 
                        or otherwise dispose of any property acquired 
                        pursuant to such guarantee or related 
                        agreements; or
                            (ii) to permit the mortgagor, pursuant to 
                        an agreement with the Secretary, to continue to 
                        occupy the property subject to the mortgage, if 
                        the Secretary determines such occupancy to be 
                        appropriate.
                    (B) Allocation of rights and responsibilities.--In 
                the event of a payment under paragraph (1), the rights 
                of the Secretary, with respect to any property acquired 
                pursuant to a guarantee or related agreements, shall be 
                superior to the rights of any other person with respect 
                to the property, except that as long as amounts remain 
                due to the recipient of the payment under the terms of 
                the eligible mortgage and as long as the recipient 
                diligently pursues collection of all amounts due under 
                the eligible mortgage, all decisions with respect to 
                the eligible mortgage, including efforts to collect the 
                unpaid amounts, shall be made by the recipient, 
                Provided, That any amounts collected by the recipient 
                less reasonable out-of-pocket costs of collection shall 
                be shared with the Secretary in the same ratio as the 
                guaranteed portion bears to the original principal 
                amount of the eligible mortgage.
                    (C) Terms and conditions.--A guarantee agreement 
                shall include such detailed terms and conditions as the 
                Secretary determines appropriate to protect the 
                interests of the United States in the case of default.
            (3) Full faith and credit.--The full faith and credit of 
        the United States is pledged to the payment of all guarantees 
        issued under this section with respect to principal and 
        interest.
    (g) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Eligible mortgage.--The term ``eligible mortgage'' 
        means a mortgage that meets the requirements under subsection 
        (b).
            (2) Green portion.--The term ``green portion'' means, with 
        respect to an eligible mortgage, the portion of the mortgage 
        principal referred to in subsection (b)(2) that is 
        attributable, as determined in accordance with regulations 
        issued by the Secretary, to the increased costs incurred in 
        financing provision of sustainable building elements for the 
        housing for which the mortgage was made, as compared to the 
        costs that would have been incurred in financing the provision 
        of other building elements for the housing for the same 
        purposes that are commonly or conventionally used but are not 
        sustainable building elements.
            (3) Guaranteed portion.--The term ``guaranteed portion'' 
        means, with respect to an eligible mortgage guaranteed under 
        this section, the green portion of the mortgage that is so 
        guaranteed.
            (4) Mortgage.--The term ``mortgage'' has the meaning given 
        such term in section 201 of the National Housing Act (12 U.S.C. 
        1707).
            (5) Multifamily housing.--The term ``multifamily housing'' 
        means a residential property consisting of five or more 
        dwelling units.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (7) Single-family housing.--The term ``single-family 
        housing'' means a residential property consisting of one to 
        four dwelling units.
            (8) Sustainable building element.--The term ``sustainable 
        building element'' means such building elements, as the 
        Secretary shall define, that have energy efficiency or 
        environmental sustainability qualities that are superior to 
        such qualities for other building elements for the same 
        purposes that are commonly or conventionally used.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated for costs (as such term is defined in section 502 of the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661a) of guarantees under 
this section $500,000,000 for each of fiscal years 2010 through 2014.
    (i) Regulations.--The Secretary shall issue any regulations 
necessary to carry out this section.

SEC. 26. GREEN DIVIDEND PROGRAM FOR FEDERALLY ASSISTED RENTAL HOUSING.

    (a) Authority.--The Secretary shall establish a program under this 
section to provide green dividends to owners of covered federally 
assisted housing projects who undertake utility cost-saving measures 
that result in utility cost savings for such housing.
    (b) Green Dividends.--
            (1) In general.--A green dividend under this section with 
        respect to a covered federally assisted housing project shall 
        be an annual distribution, to the owner of the project, of an 
        amount of the surplus project funds that is equal to the sum 
        of--
                    (A) 50 percent of the annual utility cost savings 
                resulting from the utility cost-saving measures 
                conducted for the project; and
                    (B) any reasonable costs, as determined by the 
                Secretary pursuant to subsection (d)(4), incurred by 
                the owner in carrying out the utility cost-saving 
                measures, including required reporting and monitoring 
                costs and financing costs incurred by the owner or a 
                third party, in compliance with guidelines established 
                pursuant to subsection (d)(3).
            (2) Additional to standard distribution.--Notwithstanding 
        any other law or regulation relating to a limitation on 
        distributions for a covered federally assisted housing project, 
        a green dividend under this section shall be in addition to the 
        standard distribution that the owner of the project is 
        authorized to receive from the project pursuant to the 
        regulations of the Secretary.
    (c) Standards for Measurement and Monitoring.--In carrying out the 
program under this section, the Secretary shall establish and utilize 
the following standardized methods:
            (1) Methods that an owner of a covered federally assisted 
        housing project may use to accurately measure the baseline 
        utility use of the project before undertaking the utility cost-
        saving measures for the project.
            (2) Methods that an owner of a covered federally assisted 
        housing project may use to effectively monitor reductions in 
        the utility use of the project resulting from the completed 
        utility cost-saving measures for the project.
            (3) Methods that an owner of a covered federally assisted 
        housing project may use to track, and that the Secretary may 
        use to verify, utility cost savings resulting from the utility 
        cost-saving measures for the project that account for the 
        effect of changes in utility costs and such other factors that 
        the Secretary considers necessary or appropriate.
    (d) Other Requirements.--
            (1) Application and selection.--The Secretary shall 
        establish requirements for owners of covered federally assisted 
        housing projects to apply for participation in the program 
        under this section and shall select among such applications 
        based upon selection criteria, which the Secretary shall 
        establish.
            (2) Cost-effectiveness.--The Secretary shall establish 
        guidelines to ensure that any utility cost-saving measures 
        undertaken pursuant to the program under this section are cost-
        effective in relation to the utility cost savings resulting 
        from the measures and the green dividend provided under this 
        section to the owner.
            (3) Energy performance contracts.--The Secretary shall 
        establish guidelines for the use of energy performance 
        contracting in carrying out utility cost-saving measures 
        pursuant to the program under this section.
            (4) Financing costs.--The Secretary shall establish 
        guidelines for the financing of the reasonable costs incurred 
        by an owner of a covered federally assisted housing project in 
        carrying out utility cost-saving measures under the program 
        under this section, and whether such costs, whether financed by 
        the limited dividend owner or a third party, shall be repayable 
        from project funds.
            (5) Reporting.--
                    (A) To secretary.--The Secretary shall require each 
                owner of a covered federally assisted housing project 
                for which a green dividend is provided pursuant to the 
                program under this section to submit to the Secretary 
                such reports regarding the project, the utility cost-
                saving measures undertaken for the project, and the 
                utility cost savings of the project in accordance with 
                such requirements as the Secretary shall establish.
                    (B) To congress.--The Secretary shall submit 
                reports to the Congress describing the implementation 
                and operation of the program under this section, as 
                follows:
                            (i) Initial report.--The Secretary shall 
                        submit reports describing the initial 
                        implementation and operation of the program not 
                        later than the expiration of the 180-day period 
                        beginning upon the date of the enactment of 
                        this Act.
                            (ii) Annual reports.--Not later than the 
                        expiration of the 12-month period that begins 
                        upon the expiration of the period specified 
                        clause (i), and upon the expiration of each 
                        successive 12-month period thereafter, the 
                        Secretary shall submit a report describing the 
                        ongoing operation of the program.
    (e) Preemption of Conflicting State Laws Limiting Distributions.--
            (1) In general.--Except as provided in paragraph (2), no 
        State or political subdivision of a State may establish, 
        continue in effect, or enforce any law, regulation, or 
        administrative requirement that limits or restricts, to an 
        amount that is less than the sum of the amounts provided for 
        under paragraphs (1) and (2) of subsection (b), the amount of 
        surplus project funds accruing after the date of the enactment 
        of this section that may be distributed from any covered 
        federally assisted housing project.
            (2) Exception and waiver.--Paragraph (1) shall not apply to 
        any law or regulation to the extent such law or regulation 
        applies to--
                    (A) a State-financed covered federally assisted 
                housing project; or
                    (B) a covered federally assisted housing project 
                for which the owner has elected to waive the 
                applicability of paragraph (1).
    (f) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Covered federally assisted housing project.--The term 
        ``covered federally assisted housing project'' means any 
        multifamily rental housing project that--
                    (A) is provided any rental assistance, subsidy, or 
                other financial assistance by the Secretary; and
                    (B) that is subject to a limitation on 
                distributions to the owner, whether for-profit or non-
                for-profit, of project funds under section 200.106(a), 
                236.1(c), 880.205(a) or (b), 881.205(a) or (b), or 
                883.306(a) or (b) of title 24 of the Code of Federal 
                Regulations, or any other statute or regulation 
                applicable to the project.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (3) Surplus project funds.--The term ``surplus project 
        funds'' means, with respect to a covered federally assisted 
        housing project, the net revenue of the project after all 
        project expenses have been paid, or funds have been set aside 
        for the payment thereof, and any reserve requirements 
        applicable to the project have been met.
            (4) Utility cost savings.--The term ``utility cost 
        savings'' means, with respect to utility cost-saving measures 
        undertaken for a covered federally assisted housing project, 
        the difference between--
                    (A) the energy or water costs that would have been 
                incurred for the project if such utility cost-saving 
                measures were not completed; and
                    (B) the actual energy or water costs for the 
                project after completion of the utility cost-saving 
                measures.
            (5) Utility cost-saving measures.--The term ``utility cost-
        saving measures'' means, with respect to a covered federally 
        assisted housing project, any rehabilitation, renovation, 
        retrofit, improvement, or alteration for the project that 
        incorporates any technology, equipment, fixture, or material, 
        or promotes any practice, designed to reduce the energy or 
        water consumption of the project. Such measures shall utilize 
        Energy Star or WaterSense rated products or devices at a 
        minimum. In cases in which there is no Energy Star or 
        WaterSense designated product or device, the Secretary shall 
        designate the minimum standards.
    (g) Regulations.--Not later than the expiration of the 180-day 
period beginning on the date of the enactment of this Act, the 
Secretary shall issue any regulations necessary to carry out this 
section.

SEC. 27. USE OF RESIDUAL RECEIPTS AND RESERVE FOR REPLACEMENTS FUNDS 
              FOR GREEN RETROFITS OF FEDERALLY ASSISTED RENTAL HOUSING.

    The Secretary of Housing and Urban Development shall--
            (1) review the regulations and agreements of the Department 
        of Housing and Urban Development concerning residual receipts 
        accounts in federally assisted rental housing that is subject 
        to a limitation on distributions, to the owner, of project 
        funds under section 200.106(a), 236.1(c), 880.205, 881.205, or 
        883.306 of title 24 of the Code of Federal Regulations, or any 
        other statute or regulation applicable to the project, to 
        clarify whether the use of such funds for other project 
        purposes includes activities related to the energy efficiency 
        at properties with such residual receipts accounts; and
            (2) revise its policies with regard to the use of reserve 
        for replacement funds to encourage the use of such reserves, 
        where practical, for energy efficiency items.

SEC. 28. STUDY ON BUILDING CODES EFFECTS ON CONSTRUCTION AND 
              INSTALLATION OF DISTRIBUTIVE ENERGY GENERATION MEASURES 
              AND WATER EFFICIENCY MEASURES.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study to analyze to what extent provisions of State and local 
building codes create obstacles or otherwise conflict with efforts to 
enable and encourage the construction and installation in such projects 
of distributive energy generation measures and water efficiency 
measures.
    (b) Provision of Information to Energy Information 
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 Information Administration of the Department of Energy regarding 
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 section, provide grants to 
        local building code enforcement departments.
            (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 building code 
                enforcement department to work cooperatively with other 
                local code enforcement offices, 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 building code enforcement 
department of a jurisdiction 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 from a grant 
        under this section that addresses the needs 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 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 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 enforcement. Such amounts may be used to increase 
        staffing, provide staff training, increase staff competence and 
        professional qualifications, or support individual 
        certification or departmental accreditation, or for capital 
        expenditures specifically dedicated to the administration 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 enforcement 
                department shall provide matching, non-Federal funds in 
                the following amount:
                            (i) In the case of a building code 
                        enforcement 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 awarded under this section.
                            (ii) In the case of a building code 
                        enforcement 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
                            (iii) In the case of a building code 
                        enforcement 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 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 
                                jurisdictions.
            (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 criteria 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 criteria.
    (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    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.
----------------------------------------------------------------------------------------------------------------

            (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 awarded, based on which of the descriptions from the 
        following 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  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.
----------------------------------------------------------------------------------------------------------------

            (3) 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, with points awarded as 
        follows:


----------------------------------------------------------------------------------------------------------------
                               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.
----------------------------------------------------------------------------------------------------------------

            (4) Proactive code enforcement activities.--The 
        effectiveness of the proposed or existing proactive activities 
        and programs operated by any existing building code enforcement 
        program, which shall include points awarded as follows for any 
        such activities or programs:


----------------------------------------------------------------------------------------------------------------
                               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 nonprofits, community service groups, utility
 companies, local stores, housing agency banks, etc.
----------------------------------------------------------------------------------------------------------------

            (5) 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, with 
        points awarded as follows:


----------------------------------------------------------------------------------------------------------------
                               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.).
----------------------------------------------------------------------------------------------------------------

    (g) Evaluation and Report.--
            (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 effectiveness of, and 
                ideas for, refinement of the grant program.
            (2) Report.--The report required under paragraph (1)(B) 
        shall include a discussion of--
                    (A) the specific capabilities and functions in 
                local building code enforcement administration 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 supported 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 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 facilities 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 department.--The term 
        ``building code enforcement department'' means an inspection or 
        enforcement agency of a jurisdiction that is responsible for 
        conducting building code enforcement.
            (3) 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 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 appropriated 
        $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 section.
            (2) Reservation.--From the amount made available under 
        paragraph (1), the Secretary may reserve not more than 5 
        percent for administrative costs.
            (3) Availability.--Any funds appropriated pursuant to 
        paragraph (1) shall remain available until expended.
                                                 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 
           buildings, and to create sustainable communities.

_______________________________________________________________________

                           September 22, 2010

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed