[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 970 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 970

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 5, 2009

     Ms. Landrieu (for herself, Mr. Martinez, Mr. Johnson, and Mr. 
  Lieberman) introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Building Code 
Administration Grant Act of 2009''.

SEC. 2. GRANT PROGRAM AUTHORIZED.

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

SEC. 3. REQUIRED ELEMENTS IN GRANT PROPOSALS.

    In order to be eligible for a grant under section 2, a 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 Act that addresses the needs discussed in paragraph 
        (1) and that is consistent with the authorized uses established 
        in section 4.
            (3) A plan for local governmental actions to be taken to 
        establish and sustain local building code enforcement 
        administration functions, without continuing Federal support, 
        at a level at least equivalent to that proposed in the grant 
        application.
            (4) A plan to create and maintain a program of public 
        outreach that includes a regularly updated and readily 
        accessible means of public communication, interaction, and 
        reporting regarding the services and work of the building code 
        enforcement department to be supported by the grant.
            (5) A plan for ensuring the timely and effective 
        administrative enforcement of building safety and fire 
        prevention violations.

SEC. 4. USE OF FUNDS; MATCHING FUNDS.

    (a) Authorized Uses.--Amounts from grants awarded under section 2 
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.
    (b) Additional Requirement.--Each building code enforcement 
department receiving a grant under section 2 shall empanel a code 
administration and enforcement team consisting of at least 1 full-time 
building code enforcement officer, a city planner, and a health planner 
or similar officer.
    (c) Matching Funds Required.--
            (1) In general.--To be eligible to receive a grant under 
        this Act, a building code enforcement department shall provide 
        matching, non-Federal funds in the following amount:
                    (A) 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 Act.
                    (B) 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 Act.
                    (C) 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 Act.
            (2) Economic distress.--
                    (A) In general.--The Secretary may waive the 
                matching fund requirements under paragraph (1), and 
                institute, by regulation, new matching fund 
                requirements based upon the level of economic distress 
                of the jurisdiction in which the local building code 
                enforcement department seeking such grant is located.
                    (B) Content of regulations.--Any regulations 
                instituted under subparagraph (A) shall include--
                            (i) a method that allows for a comparison 
                        of the degree of economic distress among the 
                        local 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.
    (d) In-Kind Contributions.--In determining the non-Federal share 
required to be provided under subsection (c), the Secretary shall 
consider in-kind contributions, not to exceed 50 percent of the amount 
that the department contributes in non-Federal funds.
    (e) Waiver of Matching Requirement.--The Secretary shall waive the 
matching fund requirements under subsection (c) for any recipient 
jurisdiction that has dedicated all building code permitting fees to 
the conduct of local building code enforcement.

SEC. 5. RATING AND RANKING OF APPLICATIONS.

    Eligible applications will be rated and ranked according to the 
criteria under section 6. 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.

SEC. 6. CRITERIA.

    The criteria under this section 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.).
----------------------------------------------------------------------------------------------------------------

SEC. 7. EVALUATION AND REPORT.

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

SEC. 8. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Building code enforcement.--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.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) 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 
Act.
    (b) Reservation.--From the amount made available under subsection 
(a), the Secretary may reserve not more than 5 percent for 
administrative costs.
    (c) Availability.--Any funds appropriated pursuant to subsection 
(a) shall remain available until expended.
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