[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 453 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 453

  To authorize the Secretary of Housing and Urban Development to make 
 grants and offer technical assistance to local governments and others 
  to design and implement innovative policies, programs, and projects 
that address widespread property vacancy and abandonment, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 23, 2009

Mr. Schumer (for himself and Mr. Brown) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
  To authorize the Secretary of Housing and Urban Development to make 
 grants and offer technical assistance to local governments and others 
  to design and implement innovative policies, programs, and projects 
that address widespread property vacancy and abandonment, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Regeneration, 
Sustainability, and Innovation Act of 2009''.

SEC. 2. FINDINGS AND PURPOSES.

    (a)  Findings.--Congress finds that--
            (1) many older industrial cities have experienced 
        significant population loss due to large-scale employment 
        losses--especially well-paying jobs in basic industry and 
        manufacturing;
            (2) beginning in the 1940s, Federal policies established by 
        the Federal Housing Administration and the Department of 
        Transportation promoted suburban flight, which also caused 
        population and income loss in many older cities;
            (3) by 1970, these trends were clearly evident in decennial 
        data produced by the United States Census Bureau;
            (4) population loss and economic decline in such cities has 
        caused widespread housing vacancy and abandonment, resulting in 
        a landscape of gap-toothed streets where many homes have been 
        demolished, vast numbers of unattractive, dilapidated 
        properties that pose a threat to public safety, and underused, 
        crumbling public infrastructure, that cities cannot afford to 
        maintain;
            (5) by 2000, such conditions had spread beyond the central 
        cities to adjacent suburbs in many metropolitan areas;
            (6) as these trends continued after 2000, conditions were 
        exacerbated by the subprime lending crisis, which led to 
        unprecedented rates of mortgage foreclosures resulting in even 
        more abandonments in many of the most vulnerable neighborhoods 
        in the most distressed cities and suburbs;
            (7) unmanaged vacant property and land causes community 
        abandonment, crime, further depopulation, and despair;
            (8) unmanaged vacant property and land can also have a 
        detrimental impact on adjacent residential property values, 
        while the creation of green space and infrastructure on vacant 
        land, even on an interim basis, can increase property values;
            (9) experience has demonstrated that land banking, 
        undertaken by public entities and accompanied by other 
        innovative strategies, is a rationale and efficient way for 
        local governments to assert public control and management over 
        vacant and abandoned property in order to stabilize 
        neighborhoods and real estate markets, rationalize land use, 
        provide new public amenities, including open space and green 
        infrastructure, and renew, strengthen, and reposition for the 
        future communities that have experienced significant population 
        loss;
            (10) beginning in 1999, the State of Michigan reformed its 
        property tax foreclosure processes and enacted new land banking 
        legislation which opened the door for communities to reclaim, 
        reinvest in, and rebuild their neighborhoods by creating a 
        highly successful land banking model that has proven effective 
        in removing dilapidated structures, redeveloping abandoned 
        properties, creating new open space, and increasing property 
        values in communities hard-hit by employment and population 
        losses such as the City of Flint and Genesee County, where 
        thousands of parcels have been returned to productive use or 
        set aside as green, open space; and
            (11) the Federal Government can assist State and local 
        governments by providing financial support to establish and 
        maintain land banks, including, where appropriate, multi-
        jurisdictional land banks, and to develop innovative strategies 
        to convert such land to productive use or for long-term 
        strategic public purposes.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide Federal assistance, through grants and the 
        provision of technical assistance, to establish land banks in 
        communities and metropolitan areas that have experienced 
        significant population loss due to large-scale employment 
        losses which have resulted in widespread abandonment of real 
        property;
            (2) to encourage innovation, experimentation, and 
        environmentally sustainable practices through collaborative 
        efforts to reuse and rehabilitate land bank property in ways 
        that will provide long-term benefits to the public;
            (3) to encourage the creation of green infrastructure;
            (4) to encourage the creation of new employment 
        opportunities, especially in areas related to environmental 
        sustainability and green infrastructure directly related to the 
        implementation of regeneration plans assisted under this Act; 
        and
            (5) to encourage the strategic use of other Federal, State, 
        local, private, and nonprofit resources not provided under this 
        Act to stabilize and improve neighborhoods not presently 
        experiencing widespread vacancy and abandonment, but whose 
        stability is or may be threatened if current demographic or 
        employment trends continue.

SEC. 3. DEMONSTRATION PROGRAM FOR INNOVATIVE VACANT PROPERTY 
              RECLAMATION AND URBAN INFRASTRUCTURE RENEWAL STRATEGIES.

    (a) In General.--The Secretary of Housing and Urban Development 
shall carry out a demonstration program under this section to encourage 
and test innovative vacant property reclamation and urban 
infrastructure renewal strategies in older industrial cities, suburbs 
of such cities, and metropolitan areas having a history of severe 
population and employment loss, blight, and decay caused by vacant 
properties.
    (b) Eligibility of Units of General Local Government.--A unit of 
general local government, or a consortia of such units, shall be 
eligible for selection for participation in the demonstration program 
under this section only if the unit or consortium meets one of the 
following two requirements:
            (1) Substantial population loss.--The applicant unit of 
        general local government, or the most populous unit of general 
        local government of the applicant consortium, has experienced 
        at least 20 percent population loss since 1970, as measured by 
        data from the 2000 decennial census.
            (2) Concentrated housing vacancy and abandonment.--The 
        applicant unit of general local government, or the most 
        populous unit of general local government of applicant 
        consortium--
                    (A) has experienced prolonged population, income, 
                and employment loss resulting in substantial levels of 
                housing vacancy and abandonment; and
                    (B) such housing vacancies and abandonments are 
                concentrated in more than one neighborhood or 
                geographic area within a jurisdiction or jurisdictions.
    (c) Multiyear Cooperative Agreements.--
            (1) Authority.--In carrying out the demonstration program 
        under this section, the Secretary shall enter into multiyear 
        cooperative agreements with units of general local government, 
        or consortia consisting of units of general local government, 
        selected for participation pursuant to subsection (h) in the 
        demonstration program under this section, to design and 
        implement regeneration plans to address problems associated 
        with vacant and abandoned properties.
            (2) Terms.--A cooperative agreement entered into under this 
        subsection--
                    (A) shall have a term of not less than 3 years;
                    (B) shall provide for the Secretary to make grants 
                under subsection (d) to the unit of general local 
                government or consortium;
                    (C) shall provide for interaction between the 
                Department of Housing and Urban Development and the 
                unit of general local government or consortium to 
                implement a regeneration plan; and
                    (D) may reference the responsibilities of third 
                parties, such as State governments, universities, and 
                non-profit organizations, and in such instances, each 
                such entity shall enter into a memorandum of 
                understanding with the unit of general local government 
                or consortium.
            (3) Determination of effect on historic properties.--
        Notwithstanding that a unit of general local government, or 
        consortium of such units, has been selected for participation 
        in the demonstration program under this section, the Secretary 
        may not enter into a cooperative agreement under this 
        subsection until the Secretary has complied with the 
        requirements under section 106 of the National Historic 
        Preservation Act (16 U.S.C. 470f) and the regulations issued 
        under such section (36 C.F.R. Part 800) to take into account 
        the effects, on historic properties, of the regeneration plan 
        of the participant approved by the Secretary under subsection 
        (h) of this section.
    (d) Grants.--To the extent amounts for grants under this section 
are made available in advance in appropriation Acts, the Secretary 
shall make a grant under this section to each unit of general local 
government, or consortia of such units, selected to participate in the 
demonstration program under this section, for each fiscal year covered 
by the multiyear cooperative agreement entered into by the unit or 
consortium pursuant to subsection (c).
    (e) Eligible Uses.--Amounts from grants provided under this section 
may be used for any of the following purposes:
            (1) Vacant property and program capacity activities.--For 
        the following vacant property and program capacity activities:
                    (A) Establishment or expansion of local or regional 
                land banks.
                    (B) Establishment of recovered building materials 
                reuse and recycling infrastructure, facilities, and 
                technical support.
                    (C) Establishment of local government purchasing 
                requirements for deconstruction to make use of existing 
                building materials stock in new and rehabilitation 
                construction.
                    (D) Expansion and improvement of code enforcement 
                capabilities.
                    (E) Development of data and information systems 
                such as comprehensive real property systems, early 
                warning systems, and vacant property inventory and 
                tracking systems.
                    (F) Establishment or strengthening of the ability 
                of State courts, local courts, and administrative 
                agencies to address problems caused by vacant and 
                abandoned properties, and to facilitating, where 
                feasible, such properties' transfer to public control 
                under a local or regional land bank.
                    (G) Amendment or reform of State and local property 
                tax foreclosure procedures.
            (2) Stabilization activities.--For the following 
        stabilization activities:
                    (A) Deconstruction and demolition of vacant and 
                abandoned properties.
                    (B) Demolition and removal of public 
                infrastructure.
                    (C) Relocation of structures.
                    (D) Reconfiguration of existing infrastructure.
                    (E) Protection and limited maintenance of vacant or 
                abandoned properties for the purposes of stemming the 
                spread of blight.
                    (F) Assessment and remediation of property.
                    (G) Relocation under the Uniform Relocation and 
                Real Property Acquisition Policies Act of 1970 (42 
                U.S.C. 4601 et seq.) or applicable State and local 
                relocation statutes and policies.
            (3) Design, development, and reuse activities.--For the 
        following design, development, and reuse activities:
                    (A) Creation of open space and networks of green 
                infrastructure.
                    (B) Establishing and maintaining urban agriculture 
                and farm markets.
                    (C) Adaptive reuse, rehabilitation, or improvement 
                of architecturally, historically, or culturally 
                significant structures, or other structures of 
                community significance, in areas targeted for 
                conservation under a regeneration plan.
                    (D) Development of infrastructure to produce 
                renewable energy on vacant land, including solar 
                energy, wind power, and geothermal power.
            (4) Planning and policy innovation activities.--For the 
        following planning and policy innovation activities:
                    (A) Strategic planning, neighborhood planning, 
                brownfield plans, vacant property plans, city and 
                neighborhood typologies, and collaborative vacant 
                property assessment processes that identify and target 
                Federal, State, local, and nonprofit resources for 
                neighborhoods and communities.
                    (B) Reforms of existing State and local codes, 
                policies, and processes to promote vacant property 
                reclamation and reuse through flexible, performance 
                based standards, regulations, and development 
                processes.
            (5) Other uses.--For such other uses in accordance with the 
        purposes of this Act as the Secretary may designate.
    (f) Ineligible Uses.--Amounts from grants provided under this 
section shall not be used--
            (1) to demolish public housing, as such term is defined in 
        section 3 of the United States Housing Act of 1937 (42 U.S.C. 
        1437a);
            (2) to demolish any property listed, or eligible to be 
        listed, in the National Register of Historic Places under the 
        National Historic Preservation Act (16 U.S.C. 470 et seq.), or 
        designated as historic under State or local law;
            (3) to alter or modify any property listed or eligible for 
        listing in the National Register of Historic Places, unless the 
        proposed alteration or modification is determined to be 
        consistent with the Standards for the Treatment of Historic 
        Properties of the Secretary of the Interior pursuant to section 
        106 of the National Historic Preservation Act (16 U.S.C. 470f) 
        and the regulations issued under such section (36 C.F.R. Part 
        800);
            (4) to clean-up any brownfield site, except for planning 
        activities related to the clean-up of a brownfield site; or
            (5) to redevelop any brownfield site, except for planning 
        activities related to the redevelopment of a brownfield site.
    (g) Limitation on Use for Administrative Costs.--Of any amounts 
received from a grant under this section in any fiscal year, a 
participant in the demonstration program under this section may use not 
more than 20 percent for any administrative costs of the jurisdiction 
in carrying out the regeneration plan of such participant and in 
carrying out the responsibilities of the participant in connection such 
program.
    (h) Selection of Participant Regeneration Communities.--
            (1) Application.--To be eligible to participate in the 
        demonstration program established under this section, a unit of 
        general local government or consortium of such units shall 
        submit an application for assistance under this section in such 
        form and in accordance with such requirements as the Secretary 
        shall establish, together with a regeneration plan under 
        paragraph (2) for the community or region of the unit of 
        general local government or consortium.
            (2) Regeneration plan.--A regeneration plan under this 
        paragraph for a community or region shall meet the following 
        requirements:
                    (A) Mandatory elements.--The plan shall include, 
                for such community or region, the following elements:
                            (i) A comprehensive land use plan that 
                        reflects the population loss the community or 
                        region has experienced, reflects future 
                        population trends, including any anticipated 
                        further losses, using the most current data 
                        available, and provides for the efficient and 
                        sustainable use of land, structures, 
                        neighborhoods, and resources within the 
                        community or region.
                            (ii) A plan for creation of green 
                        infrastructure to be set aside in the community 
                        or region for recreation, open space, 
                        agriculture, park use, educational use, or 
                        purposes related to future economic or 
                        residential development.
                            (iii) A detailed implementation strategy 
                        for the plan, including modifications to a 
                        comprehensive or master land use plan, 
                        neighborhood plans, and zoning and building 
                        codes.
                            (iv) A plan for integrating related 
                        programs and strategies funded through other 
                        sources, including Federal, State, local, and 
                        private sources, into the implementation 
                        strategy pursuant to clause (iii).
                            (v) Any other elements, as determined by 
                        the Secretary.
                    (B) Other included elements.--The plan shall 
                include as many of the following elements as may be 
                appropriate or feasible:
                            (i) Good urban design principles.
                            (ii) Sustainability principles.
                            (iii) Integration and targeting of funding 
                        provided under 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.).
                            (iv) Use of other funds and resources, 
                        Federal, State, local, private, financial, or 
                        otherwise.
                            (v) Brownfields remediation and 
                        redevelopment funded through other sources.
                            (vi) Smart growth principles, including, 
                        complete streets, new urbanism, affordable 
                        housing, mixed uses, infill development, public 
                        infrastructure improvements, and form based 
                        codes.
                            (vii) Deconstruction activities with 
                        measurable outcomes.
                            (viii) To the extent necessary, improvement 
                        of real property data and information systems 
                        with respect to property conditions, and 
                        streamlining and improvement of code 
                        enforcement procedures to expedite the process 
                        of asserting public control over vacant and 
                        abandoned properties.
                            (ix) Promotion of energy-use efficiency, 
                        green collar jobs, natural systems storm water 
                        management, and other ecological services.
                            (x) Neighborhood plans developed through a 
                        community-based process for component 
                        communities within the applicant's jurisdiction 
                        or jurisdictions.
                            (xi) The potential to create new employment 
                        opportunities, especially in areas directly 
                        related to the implementation of the 
                        regeneration plan, including building 
                        deconstruction, removal of buildings and 
                        infrastructure, creation of green 
                        infrastructure, environmental remediation, and 
                        long term-employment in environmentally 
                        sustainable activities, including urban 
                        agriculture, open space maintenance, and 
                        renewable energy production.
                            (xii) Adaptive reuse, rehabilitation, or 
                        improvement of architecturally, historically, 
                        or culturally significant structures, or other 
                        structures of community significance, in areas 
                        targeted for conservation.
                            (xiii) Any other elements as the Secretary 
                        may prescribe.
                    (C) Citizen participation requirements.--The 
                Secretary shall, by regulations issued under section 7, 
                provide for citizen participation requirements relating 
                to the development and implementation of regeneration 
                plans as necessary to ensure, to the extent 
                practicable, that affected citizens and community 
                groups, including environmental organizations, and any 
                others who would be impacted by the adoption of a 
                regeneration plan, have notice of, and the opportunity 
                to effectively participate in, the development of such 
                a plan through public hearings, community workshops, 
                charrettes, town hall meetings, or other means.
                    (D) Implementation of regeneration plans.--To the 
                extent practicable, the Secretary shall, by regulations 
                issued under section 7, ensure that processes are 
                established and maintained providing for the continued 
                implementation and periodic updating of regeneration 
                plans for a reasonable amount of time following the 
                full expenditure of assistance received under this Act.
            (3) Competition.--The Secretary shall select applicants for 
        participation in the demonstration program under this section 
        on a competitive basis using the evaluation and selection 
        criteria established pursuant to paragraph (5) and in 
        accordance with section 102 of the Department of Housing and 
        Urban Development Reform Act of 1989 (42 U.S.C. 3545).
            (4) Selection.--
                    (A) Number and categories of participants.--During 
                each of the first three fiscal years for which amounts 
                are first made available for grants under this section, 
                the Secretary shall select units of general local 
                government, or consortia consisting of units of general 
                local government, to be new participants in the 
                demonstration program under this section, from each of 
                the following categories as follows:
                            (i) Smaller units of general local 
                        government.--During each such fiscal year, the 
                        Secretary shall select not more than five units 
                        of general local government having a population 
                        of 150,000 or less, as measured by decennial 
                        census data, or in the case of consortia of 
                        units of general local government, consortia in 
                        which the largest unit of general local 
                        government has such a population, except that 
                        at no time may there be more than a total of 15 
                        participants in the demonstration program 
                        pursuant to this clause.
                            (ii) Larger units of general local 
                        government.--During each such fiscal year, the 
                        Secretary shall select not more than five units 
                        of general local government having a population 
                        of exceeding 150,000, as measured by decennial 
                        census data, or in the case of consortia of 
                        units of general local government, consortia in 
                        which the largest unit of general local 
                        government has such a population, except that 
                        at no time may there be more than a total of 15 
                        participants in the demonstration program 
                        pursuant to this clause.
                    (B) Substantial population loss.--The Secretary 
                shall ensure that at least five applicants selected 
                pursuant to subparagraph (A) in each fiscal year in 
                which new applicants are selected for participation 
                meet the eligibility standard set forth in subsection 
                (b)(1).
            (5) Evaluation of applications and selection criteria.--The 
        Secretary shall establish evaluation and selection criteria for 
        participation in the demonstration program under this section, 
        which shall include the following criteria:
                    (A) Regional collaboration.--If feasible or 
                appropriate, the extent to which an applicant proposes 
                to foster regional collaboration among and across 
                governments, and with private and non-profit 
                organizations, in addressing vacant and abandoned 
                properties, such as the establishment of one or more--
                            (i) regional vacant property reclamation 
                        strategies;
                            (ii) regional land banks to gain public 
                        control of such properties;
                            (iii) regional real property data systems; 
                        and
                            (iv) regional vacant property action plans 
                        that target and coordinate other Federal, 
                        State, local and nonprofit funds and resources 
                        to identified communities and neighborhoods.
                    (B) Targeting for sustainable urban neighborhoods 
                and green infrastructure.--The extent to which an 
                applicant proposes to reposition for the future its 
                jurisdiction or the jurisdictions within a consortium, 
                by targeting resources and investment in clusters of 
                sustainable urban neighborhoods and by establishing 
                networks of green infrastructure.
                    (C) Partnering to implement regeneration plan.--The 
                extent to which an applicant proposes to partner with 
                institutions such as universities, museums, historic 
                preservation organizations, neighborhood and community 
                organizations, Federal, State, and local governments, 
                and other organizations or entities whose participation 
                would promote the successful implementation of a 
                regeneration plan.
                    (D) Vacant property reclamation.--The extent to 
                which an applicant proposes to design and develop 
                policy and programmatic innovations that foster vacant 
                property reclamation, such as code reforms and 
                performance-based regulatory approaches.
                    (E) Severity of vacant and abandoned property 
                problems.--The severity of the problem of vacant and 
                abandoned property within an applicant's or applicants' 
                jurisdiction or jurisdictions.
                    (F) Capacity to implement.--The capacity of an 
                applicant or applicants to implement a regeneration 
                plan, including its ability to demonstrate quantifiable 
                outcomes such as the potential to enhance property 
                values, improve ecosystems, and benefit public health.
                    (G) Commitment.--The level of commitment of an 
                applicant or applicants, and any organizational 
                partners, to the implementation of a regeneration plan.
                    (H) Potential for livability.--The potential for a 
                regeneration plan to promote the overall livability of 
                a jurisdiction or jurisdictions for current residents.
    (i) Accountability and Reporting.--
            (1) Required performance plan.--A unit of general local 
        government, or consortium of such units, selected for 
        participation in the demonstration program under this section 
        may not enter into a cooperative agreement with the Secretary 
        or receive any grant under this section unless the unit or 
        consortium has prepared, submitted to the Secretary, and had 
        approved by the Secretary, a performance plan for implementing 
        its regeneration plan, which shall include provisions for 
        public participation and such other elements as the Secretary 
        may prescribe.
            (2) Annual performance and evaluation reports.--
                    (A) Requirement.--Each participant in the 
                demonstration program under this Section that receives 
                grant amounts under this section shall submit to the 
                Secretary, in such form and by such deadlines as the 
                Secretary may require, an annual performance and 
                evaluation report concerning the use of funds made 
                available under this Act, which shall include financial 
                disclosure information and any other information as the 
                Secretary may prescribe.
                    (B) Public availability.--Before submitting an 
                annual performance and evaluation report to the 
                Secretary, a participant shall be make the report 
                publicly available in the participant's jurisdiction or 
                jurisdictions in sufficient time to permit citizens of 
                such jurisdiction to comment on such report before its 
                submission, and in such manner and at such times as the 
                participant may determine.
            (3) Reviews.--The Secretary shall periodically make such 
        reviews as may be necessary or appropriate to determine the 
        progress of demonstration program participants in meeting their 
        performance objectives identified in their performance plan 
        pursuant to paragraph (1) and identified in their reports 
        pursuant to paragraph (2).
            (4) Sanctions.--
                    (A) In general.--With respect to assistance made 
                available under this section and subject to paragraph 
                (3), if the Secretary determines that a participant in 
                the demonstration program under this section grantee 
                has substantially failed to meet its performance 
                objectives and outcomes, the Secretary may determine 
                that the grantee is no longer in good standing and may 
                reduce or limit the assistance under this section to 
                the participant, or take other action as appropriate in 
                accordance with the Secretary's review and as provided 
                in regulations issued by the Secretary to carry out 
                this Act, except that any grant amounts already 
                expended on eligible activities under this section 
                shall not be recaptured or deducted from future 
                assistance to such participant.
                    (B) Remedial plans.--In cases where the Secretary 
                takes action against a grantee pursuant to paragraph 
                (1), the grantee shall submit a remedial plan for 
                approval by the Secretary that outlines the actions the 
                grantee will take to ensure it meets its performance 
                objectives in the future.

SEC. 4. PLANNING GRANTS AND SUSTAINABILITY DEMONSTRATION PROJECT 
              GRANTS.

    (a) Authority.--To the extent that amounts are made available in 
advance in appropriation Acts, the Secretary may make grants to units 
of general local government and consortia of units of general local 
government as follows:
            (1) Planning grants.--Grants under subsection (c) for 
        development of regeneration plans.
            (2) Sustainability demonstration project grants.--Grants 
        under subsection (d) for carrying out sustainability 
        demonstration projects.
    (b) Terms.--
            (1) Amount.--A grant made under this section in any fiscal 
        year to any one unit of general local government or consortium 
        of units of general local government shall not exceed $250,000.
            (2) Ineligibility.--A participant in the demonstration 
        program under section 3 shall not be eligible to receive a 
        grant under this section.
    (c) Regeneration Communities Planning Grants.--A grant under this 
subsection shall be used to develop a regeneration plan in accordance 
with the requirements of section 3(h)(2), except that such amounts may 
be used for the purposes listed in section 3(e)(1)(E) and for providing 
technical assistance.
    (d) Sustainability Demonstration Grants.--
            (1) Competition.--Grants under this subsection shall be 
        made on a competitive basis.
            (2) Eligibility.--Grants under this subsection shall not be 
        made to units of general local government and consortia of such 
        units that are participants in the demonstration program under 
        section 3.
            (3) Eligible uses.--Amounts from a grant made under this 
        subsection shall be used for carrying out specific short-term 
        demonstration projects that are in accordance with the 
        sustainability goals of this Act, which may include one or more 
        of the following projects:
                    (A) Design and creation of interim and permanent 
                open space and networks of green infrastructure, low 
                impact development, and storm water management 
                activities.
                    (B) Establishment of recovered building materials, 
                reuse and recycling infrastructure, facilities, 
                creation of incentives, and technical support.
                    (C) Development or expansion of urban agriculture 
                initiatives, including community supported agriculture 
                and farmers markets.
                    (D) Development of infrastructure to produce 
                renewable energy on vacant land, including solar 
                energy, wind power, and geothermal power.
                    (E) Creation of workshops and training for green 
                collar jobs to support sustainability demonstration 
                projects.
                    (F) Development of any other innovative, 
                sustainability projects that would further the purposes 
                of this Act, as determined by the Secretary.
            (4) Matching requirement.--A grant under this subsection 
        may not exceed 4 times the amount that the grantee certifies to 
        the Secretary are committed for use for the eligible uses under 
        paragraph (3) to be carried out by the grantee using grant 
        amounts.

SEC. 5. FEDERAL INTERAGENCY REGENERATION COMMUNITIES COORDINATING 
              COUNCIL.

    (a) Establishment.--The Secretary shall convene a Federal 
Interagency Regeneration Communities Coordinating Council whose members 
shall include--
            (1) representatives of Federal agencies, including 
        designees of the Secretary of Energy, the Secretary of 
        Commerce, the Secretary of Housing and Urban Development, and 
        the Administrator of the Environmental Protection Agency; and
            (2) representatives of non-Federal entities, such as 
        academic institution, nonprofit organizations, and lending 
        institutions.
    (b) Duties.--
            (1) Federal agency support plans.--The Council shall 
        develop Federal agency support plans for communities receiving 
        grants under this Act that shall include--
                    (A) offering technical assistance to grantees under 
                this Act through a network of local and national vacant 
                property assistance providers;
                    (B) assigning staff through intergovernmental 
                personnel agreements;
                    (C) offering guidance and technical assistance to 
                program applicants on leveraging and coordinating 
                funding from other Federal sources in regeneration 
                plans, especially assistance provided by the Economic 
                Development Administration, the Environmental 
                Protection Agency, and the Department of Housing and 
                Urban Development, particularly 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.); and
                    (D) to the extent feasible, instituting alternative 
                performance-based regulatory approaches and standards.
            (2) Alternative regulatory approaches.--To the extent 
        feasible and appropriate, the designee of the Secretary of 
        Housing and Urban Development shall work with the designees of 
        the other Federal agencies to institute alternative regulatory 
        approaches and standards by such other Federal agencies in 
        order to better facilitate the implementation of regeneration 
        plans.

SEC. 6. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Complete streets principles.--The term ``complete 
        streets principles'' means transportation laws, policies, or 
        principles that ensure--
                    (A) all users of the transportation system, 
                including pedestrians, bicyclists, and transit users as 
                well as children, older people, motorists, and those 
                with disabilities, are adequately accommodated in all 
                phases of project planning and development; and
                    (B) that the safety and convenience of all users 
                are considered in all phases of project planning and 
                development.
            (2) Deconstruction.--The term ``deconstruction'' means the 
        selective dismantlement of building components for reuse and 
        recycling.
            (3) Green infrastructure.--The term ``green 
        infrastructure'' means the interim and permanent reuse of 
        vacant properties for an interconnected network of open spaces, 
        trails, and natural areas, such as greenways, wetlands, parks, 
        forest preserves, and native plant vegetation that can 
        naturally manage stormwater, reduce flooding risks, improve 
        water quality, and reduce urban heat islands.
            (4) Land bank.--The term ``land bank'' means a 
        governmental, quasi-governmental, or non-profit entity 
        established, at least in part, to assemble and manage surplus 
        property for eventual conversion to productive use, or for 
        holding for other strategic long-term purposes.
            (5) New urbanism.--The term ``new urbanism'' means 
        neighborhood design that incorporates concepts that promote 
        community function, environmental balance, social integration, 
        pedestrian-friendly streets, and dense development, among other 
        things, in order to encourage a sense of community among 
        neighborhood residents.
            (6) Participant.--The term ``participant'' means a unit of 
        general local government, or a consortium of units of general 
        local government, that has--
                    (A) been selected for participation in the 
                demonstration program under section 3; and
                    (B) entered into a cooperative agreement with the 
                Secretary pursuant to section 3(c).
            (7) Performance-based regulation.--The term ``performance-
        based regulation'' means regulation focused on results or 
        outcomes of performance, rather than a prescriptive process, 
        technique, or procedure.
            (8) Regional land bank.--The term ``regional land bank'' 
        means a land bank controlled by an entity comprising of, or 
        representing more than, one unit of general local government.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (10) Smart growth.--The term ``smart growth'' means 
        concentrating resources and new development in areas in or near 
        existing urban and neighborhood centers served by public 
        transportation and other existing infrastructure.
            (11) Sustainability project.--The term ``sustainability 
        project'' means a program or project that integrates innovative 
        ways to conserve resources, reduce harmful emissions, protect 
        public health, enhance the natural and built environments, and 
        facilitate social equity.
            (12) Unit of general local government.--The term ``unit of 
        general local government'' has the meaning given such term in 
        section 102 of the Housing and Community Development Act of 
        1974 (42 U.S.C. 5302).
            (13) Vacant and abandoned property.--The term ``vacant and 
        abandoned property'' means any residential, commercial, or 
        industrial property (including structures, the underlying site, 
        and vacant lots) that has not been legally occupied for six 
        months or longer, and exhibits one or both of the following 
        conditions or circumstances:
                    (A) The site presents a threat to public safety or 
                constitutes a public nuisance, as defined by State and 
                local law.
                    (B) The owners, managers, or any other responsible 
                party, have neglected the fundamental duties of 
                property ownership including failure to pay taxes or 
                utility bills, or have defaulted on mortgages.

SEC. 7. REGULATIONS, IMPLEMENTATION, AND CITIZEN PARTICIPATION.

    (a) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall issue regulations necessary 
to carry out this Act.
    (b) Notice of Funding Availability.--Not later than 30 days after 
publishing a final regulation to implement this Act, the Secretary 
shall publish a notice of funding availability in the Federal Register 
stating that funds are available to units of general local government 
and consortia of units of general local government in accordance with 
the provisions of this Act.
    (c) Use of Performance-Based Regulatory Concepts.--To the extent 
feasible, the Secretary shall employ performance-based regulatory 
concepts in promulgating regulations under this section.

SEC. 8. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Regeneration Communities Implementation Grants.--For grants 
under section 3(d), there is authorized to be appropriated $100,000,000 
for each of fiscal years 2010, 2011, and 2012.
    (b) Planning Grants and Sustainability Demonstration Project 
Grants.--There is authorized to be appropriated for planning grants 
under section 4(c) and for sustainability demonstration project grants 
under section 4(d)--
            (1) $25,000,000 for fiscal year 2010; and
            (2) $12,500,000 for each of fiscal years 2011 and 2012.
    (c) Federal Interagency Regeneration Communities Coordinating 
Council.--For costs associated with the establishment and operation of 
the Federal Interagency Regeneration Communities Coordinating Council 
under section 5, and technical and staff assistance under section 5(b), 
there is authorized to be appropriated $24,000,000 for each of fiscal 
years 2010, 2011, and 2012.
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