[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3804 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 3804
To authorize the Secretary of Homeland Security to make grants to
encourage community safety by incorporating disaster mitigation and
emergency preparedness into comprehensive land use planning and urban
development, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 2017
Mr. Blumenauer introduced the following bill; which was referred to the
Committee on Homeland Security, and in addition to the Committee on
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize the Secretary of Homeland Security to make grants to
encourage community safety by incorporating disaster mitigation and
emergency preparedness into comprehensive land use planning and urban
development, 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 ``Safe Communities Act of 2017''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Land use and public facility planning at both the State
and local levels have not had adequate financial resources to
fully incorporate the threats posed both by natural and human-
caused disasters, including acts of terrorism. Too frequently
this has resulted in costly disaster relief programs and
piecemeal, ad hoc security responses, such as unattractive
physical barriers that disrupt and adversely impact the
physical, social, economic, and civic lives in United States
communities.
(2) Although land use planning is rightfully within the
jurisdiction of State and local governments, encouraging
community safety by incorporating disaster mitigation and
emergency preparedness into comprehensive land use planning and
urban development should be supported by the Federal Government
and State governments.
(3) Disaster response and relief efforts impose significant
costs to United States taxpayers. Federal expenditure is
heavily weighted to post-disaster recovery, rather than
mitigation. Planning should be undertaken to prevent property
damage and human casualties, proactively incorporating
mitigation strategies and methods from the professional fields
of urban, community, and regional planning (including
transportation and land use), architecture, landscape
architecture, and urban design.
(4) Disaster planning has traditionally been biased toward
facilitating efficient responses and recovery, potentially to
the detriment of other planning goals. Comprehensive planning
can incorporate a range of effective practices for reducing
risks posed by natural disasters and terrorist acts. The
Federal Government and States should provide a supportive
climate and statutory context for comprehensive planning.
(5) Many States have land use statutes that do not
currently support comprehensive planning for safe communities,
and many States are undertaking efforts to update and reform
statutes to better enable planning efforts that incorporate
long-term hazard mitigation and emergency preparedness.
(6) Efforts to coordinate State and regional investments,
including at-risk public infrastructure, with local plans
require additional State level planning.
(7) Comprehensive urban planning takes into account the
relationship between land use, transportation systems, water
and wastewater facilities, open space, and other critical
infrastructure in promoting safe and economically viable
communities.
(8) Local governments should integrate safety
considerations into comprehensive planning efforts.
(9) Safe housing is an essential component of safe
community development, and comprehensive planning should
incorporate modern, scientific planning techniques to ensure
that a broad range of safe housing options are available to all
members of the Nation's communities.
(10) Prevailing land use patterns often place people,
structures, and environmental systems at great risk. Poorly
regulated rural communities and small towns located on the
metropolitan fringe often face significant growth pressures,
resulting in haphazard development patterns that do not
incorporate regional impacts on critical disaster-reduction
systems, such as open space and wetlands.
(11) The Federal Government and State governments should
support the efforts of Tribal governments and Native Hawaiian
organizations to implement land use planning and community
development to improve the safety of housing and socioeconomic
conditions for Indian Tribes and Native Hawaiians.
SEC. 3. SAFE COMMUNITIES PLANNING GRANTS.
(a) Grant Program Authorized.--The Secretary of Homeland Security
shall establish a program to provide grants to States and local
governments for the purpose of assisting in--
(1) the development or revision of land use planning
statutes, and State or local comprehensive planning documents,
in those States or local governments that either do not have
land use planning statutes, or have inadequate or outmoded land
use planning statutes and regulations, such that planning
efforts have not adequately incorporated strategies to mitigate
natural and human-caused hazards, including acts of terror, or
otherwise hinder coordination of comprehensive planning and
emergency preparedness efforts;
(2) the creation or revision of State land use planning
statutes and local comprehensive land use plans or plan
elements in those States or local governments that have land
use planning statutes that incorporate risk-reduction and
natural and human-caused hazard mitigation; and
(3) the development or revision of comprehensive land use
plans or plan elements for multi-State regions.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), a State or local planning director shall submit to the
Secretary an application, in such form as the Secretary may require,
that demonstrates to the Secretary that the basic goals of the State or
local government regarding land use planning legislation or regulation
are consistent with all of the following guidelines:
(1) Citizen engagement.--Public notification, citizen
representation, and stakeholder involvement in a consensus-
based, multi-disciplinary planning process are required in
developing, adopting, and updating land use plans.
(2) Multi-jurisdictional cooperation.--In order to
effectively assess the risks posed to communities by natural
hazards and terrorist acts, planning legislation, comprehensive
plans, and regulations are created based on multi-
jurisdictional governmental cooperation.
(3) Multi-agency coordination.--In order to effectively
assess the risks posed to communities by natural hazards and
terrorist acts, planning legislation, comprehensive plans, and
regulations are created based on cooperation between Federal,
State, and local government agencies.
(4) Implementation elements.--Land use plans contain an
implementation element that--
(A) includes a timetable for action and a
definition of the respective roles and responsibilities
of agencies, local governments, and citizens of the
State;
(B) is consistent with State and local capital
budget objectives; and
(C) provides the framework for decisions relating
to the siting of future infrastructure development,
including development of utilities and utility
distribution systems.
(5) Comprehensive planning.--There is comprehensive
planning to encourage land use plans that incorporate risk
assessment and mitigation into any of State or locally
adopted--
(A) comprehensive plans;
(B) urban design guidelines;
(C) building codes; and
(D) transportation plans, addressing both facility
investment and operations.
(6) Updating.--The State or local government addresses how
comprehensive plans, including land use plans, urban design
guidelines, building codes and transportation plans, will be
updated over time.
(7) Standards.--Comprehensive plans reflect an approach
that is consistent with established professional planning
standards.
(c) Use of Grant Funds.--Grant funds received by a State or local
government under subsection (a) shall be used for one or more of the
following purposes:
(1) Developing a comprehensive land use plan and
integrating natural hazard mitigation and security plan
elements into locally adopted and statewide comprehensive
plans.
(2) Assessing, inventorying, or mapping critical public
infrastructure for use in developing land use and community
development policies.
(3) Developing geographical information systems, including
technology acquisition, data development, modernization,
coordination, and technical assistance.
(4) Acquiring and developing scenario planning, risk
assessment, or vulnerability analysis technology.
(5) Reviewing and updating building codes, zoning, land use
regulations, and State-level enabling legislation.
(6) Implementing CPTED (Crime Prevention Through
Environmental Design) initiatives.
(7) Assessing risk and vulnerability, particularly related
to land use.
(8) Incorporating mitigation and security elements in
transportation plans, facilities, and operations.
(9) Incorporating regional security plans with regional
transportation or land use plans.
(10) Encouraging interagency cooperation, particularly
between first-responders and State and local planning agencies.
(11) Identifying natural hazard areas and integrating them
into updates of comprehensive plans, land use regulations,
zoning, and building codes.
(d) Amount of Grant.--The amount of a grant under subsection (a)
shall not exceed $1,125,000.
(e) Cost-Sharing.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of a project funded with a grant under subsection
(a) shall not exceed 90 percent.
(2) Increased federal share.--The Secretary may increase
the Federal share in the case of a grant to a Tribal government
or Native Hawaiian organization if the Secretary finds that the
Tribal government or Native Hawaiian organization does not have
sufficient funds to contribute to the project.
(f) Coordination.--The Secretary shall encourage Federal land
management agencies to coordinate land use planning for Federal land
with the State or local planning director responsible for the drafting
and updating of State guide plans or guidance documents regulating land
use and infrastructure development on a statewide basis.
(g) Audits.--
(1) In general.--The Inspector General of the Department of
Homeland Security shall conduct an audit of a portion of the
grants provided under this section to ensure that all funds
provided under the grants are used for the purposes specified
in this section.
(2) Use of audit results.--The results of audits conducted
under paragraph (1) and any recommendations made in connection
with the audits shall be taken into consideration in awarding
any future grant under this section to a State.
(h) Definitions.--In this section, the following definitions apply:
(1) Land use planning legislation.--The term ``land use
planning legislation'' means a statute, regulation, Executive
order, or other action taken by a State or local government to
guide, regulate, and assist in the planning, regulation, and
management of land, natural resources, development practices,
and other activities related to the pattern and scope of future
land use.
(2) Comprehensive plan.--The term ``comprehensive plan''
means a binding or non-binding planning document adopted for
the purpose of regulation and management of land, natural
resources, development practices, infrastructure investments,
and other activities related to the pattern and scope of future
land use and urban development.
(3) State.--The term ``State'' means any of the following:
(A) One of the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands.
(B) A Tribal government.
(C) A Native Hawaiian organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(4) State planning director.--The term ``State planning
director'' means a State official designated by statute or by
the chief executive officer of the State whose principal
responsibility is the drafting and updating of State guide
plans or guidance documents that regulate land use and
development on a statewide basis.
(5) Local planning director.--The term ``local planning
director'' means a local official designated by statute, by the
mayor, or by the city council whose principal responsibility is
the drafting and updating of local comprehensive plans or
guidance documents that regulate land use and development
within the local government's jurisdiction.
(6) Tribal government.--The term ``Tribal government''
means the Tribal government of an Indian Tribe, as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
SEC. 4. SAFE COMMUNITIES PLANNING RESEARCH.
(a) Research Program Authorized.--The Secretary of Homeland
Security, in coordination with governmental, nongovernmental,
university, and commercial partners, shall conduct research and
analysis of the best practices in comprehensive land use and community
planning that aims to reduce threats posed by natural hazards and acts
of terrorism, focusing on--
(1) the integration of Federal facility security with local
and regional plans, codes, and regulations;
(2) examination of the impacts of security strategies,
facilities, and design on the overall physical and social
environment of a community, including the functionality and
accessibility of its streets, neighborhoods, civic and
commercial building, and public spaces; and
(3) integration of comprehensive mapping and risk-
assessment tools and strategies.
(b) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall report to Congress on best
practices in community security and safety planning, including--
(1) an evaluation of land use and development codes and
ordinances that aim to reduce the risks posed by natural
hazards and acts of terrorism;
(2) an evaluation of software and other tools that have
been developed to aide communities in planning for safe
development;
(3) an evaluation of codes, ordinances, security design
standards, and design tools that aim to encourage safe planning
in the siting and design of residential development; and
(4) an evaluation of best practices in incorporating safety
and security into infrastructure planning, including water,
wastewater, and storm water facilities, transportation systems,
and electricity generation and distribution facilities.
In determining best practices, the Secretary shall take into
consideration regional, State, and local differences, and shall
evaluate practices in terms of risk-reduction and cost.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this section
$57,250,000 for each of the fiscal years 2019 through 2023, of which--
(1) $56,250,000 shall be used for making grants under
section 3; and
(2) $300,000 shall be used to carry out section 4.
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