[Congressional Record Volume 147, Number 74 (Friday, May 25, 2001)]
[Senate]
[Pages S5707-S5710]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CHAFEE (for himself, Mr. Bennett, Mr. Jeffords, Mr. Levin, 
        Mr. Specter, Mr. Bingaman, Mr. Cleland, and Mr. Lieberman):
  S. 975. A bill to improve environmental policy by providing 
assistance for State and tribal land use planning, to promote improved 
quality of life, regionalism, and sustainable economic development, and 
for other purposes; to the Committee on Environment and Public Works.
  Mr. CHAFEE. Mr. President, today I am introducing the Community 
Character Act of 2001, together with Senators Bennett, Specter, 
Jeffords, Cleland, Levin, Bingaman, and Lieberman. This legislation 
provides Federal assistance to States and Indian tribes to create or 
update statewide or tribal land use planning legislation. Up-to-date 
planning legislation empowers States and local governments to spur 
economic development, protect the environment, coordinate 
transportation and infrastructure needs, and preserve our communities.
  America has grown from East to West, as well as from an urban setting 
to suburban one. The Nation's sweeping growth can be attributed to many 
things, including a strong economy and transportation and technology 
advancements that allow people to live greater distances from work. Due 
in part to inadequate planning, strip malls and retail development 
catering to the automobile have become the trademark of the American 
landscape.
  In the wake of the post-World War II building boom, my hometown of 
Warwick, RI had experienced the type of development that too often 
offends the eye and saps our economic strength. Due to a lack of 
planning, incremental and haphazard development occurred through a 
mixture of incompatible zoning decisions. Industrial and commercial 
facilities and residential homes were frequently and inappropriately 
sited next to each other. The local newspaper described the city as a 
``suburban nightmare''. However, we learned that proper approaches to 
planning would help every state meet its challenges, whether it is 
preserving limited open space in the East or protecting precious 
drinking water supplies in the West.
  The Community Character Act will benefit each community and 
neighborhood by providing $25 million per year to States and tribes for 
the purpose of land use planning. The bill recognizes that land use 
planning is appropriately vested at the state and local levels, and 
accords States and tribes flexibility in using their money. 
Importantly, the legislation also recognizes that the Federal 
Government should play a role in financing these activities. Through 
enactment of transportation, housing, environmental, energy, and 
economic development laws and requirements, Congress has created a 
demand for state and local planning. In fact, the Community Character 
Act should be viewed as providing the federal payment for an unfunded 
mandate whose account is overdue.
  The Senators who have sponsored this bill represent geographically 
diverse states, from Rhode Island to New Mexico and from Georgia to 
Utah. This bipartisan bill represents a small investment in our 
communities, but one that will yield large dividends to communities in 
each corner of the nation.
  I ask unanimous consent that the text of the bill, a summary of the 
bill, and letters of support for the bill be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 975

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

[[Page S5708]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Community Character Act of 
     2001''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) inadequate land use planning at the State and tribal 
     levels contributes to--
       (A) increased public and private capital costs for public 
     works infrastructure development;
       (B) environmental degradation;
       (C) weakened regional economic development; and
       (D) loss of community character;
       (2) land use planning is rightfully within the jurisdiction 
     of State, tribal, and local governments;
       (3) comprehensive land use planning and community 
     development should be supported by Federal, State, and tribal 
     governments;
       (4) States and tribal governments should provide a proper 
     climate and context through legislation in order for 
     comprehensive land use planning, community development, and 
     environmental protection to occur;
       (5)(A) many States and tribal governments have outmoded 
     land use planning legislation; and
       (B) many States and tribal governments are undertaking 
     efforts to update and reform land use planning legislation;
       (6) the Federal Government and States should support the 
     efforts of tribal governments to develop and implement land 
     use plans to improve environmental protection, housing 
     opportunities, and socioeconomic conditions for Indian 
     tribes; and
       (7) the coordination of use of State and tribal resources 
     with local land use plans requires additional planning at the 
     State and tribal levels.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Land use plan.--The term ``land use plan'' means a plan 
     for development of an area that recognizes the physical, 
     environmental, economic, social, political, aesthetic, and 
     related factors of the area.
       (2) Land use planning legislation.--The term ``land use 
     planning legislation'' means a statute, regulation, executive 
     order, or other action taken by a State or tribal government 
     to guide, regulate, or assist in the planning, regulation, 
     and management of--
       (A) environmental resources;
       (B) public works infrastructure;
       (C) regional economic development;
       (D) current and future development practices; and
       (E) other activities related to the pattern and scope of 
     future land use.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce, acting through the Assistant Secretary of 
     Commerce for Economic Development.
       (4) State.--The term ``State'' means a State, the District 
     of Columbia, the Commonwealth of Puerto Rico, the Virgin 
     Islands, Guam, American Samoa, and the Commonwealth of the 
     Northern Mariana Islands.
       (5) 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. 450b)).

     SEC. 4. GRANTS TO STATES AND TRIBAL GOVERNMENTS TO UPDATE 
                   LAND USE PLANNING LEGISLATION.

       (a) Establishment of Program.--
       (1) In general.--The Secretary shall establish a program to 
     award grants to States and tribal governments eligible for 
     funding under subsection (b) to promote comprehensive land 
     use planning at the State, tribal, and local levels.
       (2) Grant applications.--
       (A) Submission.--A State or tribal government may submit to 
     the Secretary, in such form as the Secretary may require, an 
     application for a grant under this section to be used for 1 
     or more of the types of projects authorized by subsection 
     (c).
       (B) Approval.--The Secretary shall--
       (i) not less often than annually, complete a review of the 
     applications for grants that are received under this section; 
     and
       (ii) award grants to States and tribal governments that the 
     Secretary determines rank the highest using the ranking 
     criteria specified in paragraph (3).
       (3) Ranking criteria.--In evaluating applications for 
     grants from eligible States and tribal governments under this 
     section, the Secretary shall consider the following criteria:
       (A) As a fundamental priority, the extent to which a State 
     or tribal government has in effect inadequate or outmoded 
     land use planning legislation.
       (B) The extent to which a grant will facilitate development 
     or revision of land use plans consistent with updated land 
     use planning legislation.
       (C) The extent to which development or revision of land use 
     plans will facilitate multistate land use planning.
       (D) The extent to which the area under the jurisdiction of 
     a State or tribal government is experiencing significant 
     growth.
       (E) The extent to which the project to be funded using a 
     grant will protect the environment and promote economic 
     development.
       (F) The extent to which a State or tribal government has 
     committed financial resources to comprehensive land use 
     planning.
       (b) Eligibility.--A State or tribal government shall be 
     eligible to receive a grant under subsection (a) if the State 
     or tribal government demonstrates that the project, or the 
     goal of the project, to be funded by the grant promotes land 
     use planning activities that--
       (1) are comprehensive in nature and, to the maximum extent 
     practicable--
       (A) promote environmental protection (including air and 
     water quality);
       (B) take into consideration--
       (i) public works infrastructure in existence at the time at 
     which the grant is to be made; and
       (ii) future infrastructure needs, such as needs identified 
     in--

       (I) the needs assessments required under sections 516(2) 
     and 518(b) of the Federal Water Pollution Control Act (33 
     U.S.C. 1375(2), 1377(b)) and subsections (h) and (i)(4) of 
     section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
     12); and
       (II) the State long-range transportation plan developed 
     under section 135(e) of title 23, United States Code;

       (C) promote sustainable economic development (including 
     regional economic development) and social equity;
       (D) enhance community character;
       (E) conserve historic, scenic, natural, and cultural 
     resources; and
       (F) provide for a range of affordable housing options;
       (2) promote land use plans that 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 other stakeholders;
       (B) is consistent with the capital budget objectives of the 
     State or tribal government; and
       (C) provides a framework for decisions relating to the 
     siting of infrastructure development, including development 
     of utilities and utility distribution systems;
       (3) result in multijurisdictional governmental cooperation, 
     to the maximum extent practicable, particularly in the case 
     of land use plans based on watershed boundaries;
       (4) encourage the participation of the public in the 
     development, adoption, and updating of land use plans;
       (5) provide for the periodic updating of land use plans; 
     and
       (6) include approaches to land use planning that are 
     consistent with established professional land use planning 
     standards.
       (c) Use of Grant Funds.--Grant funds received by a State or 
     tribal government under subsection (a) may be used for a 
     project--
       (1) to carry out, or obtain technical assistance with which 
     to carry out--
       (A) development or revision of land use planning 
     legislation;
       (B) research and development relating to land use plans, 
     and other activities relating to the development of State, 
     tribal, or local land use plans, that result in long-term 
     policy guidelines for growth and development;
       (C) workshops, education of and consultation with 
     policymakers, and participation of the public in the land use 
     planning process; and
       (D) integration of State, regional, tribal, or local land 
     use plans with Federal land use plans;
       (2) to provide funding to units of general purpose local 
     government to carry out land use planning activities 
     consistent with land use planning legislation; or
       (3) to acquire equipment or information technology to 
     facilitate State, tribal, or local land use planning.
       (d) Pilot Projects for Local Governments.--A State may 
     include in its application for a grant under this section a 
     request for additional grant funds with which to assist units 
     of general purpose local government in carrying out pilot 
     projects to carry out land use planning activities consistent 
     with land use planning legislation.
       (e) Amount of Grants.--
       (1) In general.--Except as provided in paragraph (2), the 
     amount of a grant to a State or tribal government under 
     subsection (a) shall not exceed $1,000,000.
       (2) Additional amount.--The Secretary may award a State up 
     to an additional $100,000 to fund pilot projects under 
     subsection (d).
       (f) Cost Sharing.--
       (1) In general.--The Federal share of the cost of a project 
     funded with a grant under subsection (a) shall not exceed 90 
     percent.
       (2) Grants to tribal governments.--The Secretary may 
     increase the Federal share in the case of a grant to a tribal 
     government if the Secretary determines that the tribal 
     government does not have sufficient funds to pay the non-
     Federal share of the cost of the project.
       (g) Audits.--
       (1) In general.--The Inspector General of the Department of 
     Commerce may conduct an audit of a portion of the grants 
     awarded under this section to ensure that the grant funds are 
     used for the purposes specified in this section.
       (2) Use of audit results.--The results of an audit 
     conducted under paragraph (1) and any recommendations made in 
     connection with the audit shall be taken into consideration 
     in awarding any future grant under this section to a State or 
     tribal government.
       (3) Report to congress.--Not later than 3 years after the 
     date of enactment of this Act, the Inspector General of the 
     Department of Commerce shall submit to Congress a report that 
     provides a description of the management of the program 
     established under this section (including a description of 
     the allocation of grant funds awarded under this section).

[[Page S5709]]

       (h) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $25,000,000 for each of fiscal years 
     2002 through 2006.
       (2) Availability for tribal governments.--Of the amount 
     made available under paragraph (1) for a fiscal year, not 
     less than 5 percent shall be available to make grants to 
     tribal governments to the extent that there are sufficient 
     tribal governments that are eligible for funding under 
     subsection (b) and that submit applications.

     SEC. 5. ECONOMIC DEVELOPMENT ADMINISTRATION TECHNICAL 
                   ASSISTANCE.

       (a) In General.--The Secretary may develop voluntary 
     educational and informational programs for the use of State, 
     tribal, and local land use planning and zoning officials.
       (b) Types of Programs.--Programs developed under subsection 
     (a) may include--
       (1) exchange of technical land use planning information;
       (2) electronic databases containing data relevant to land 
     use planning;
       (3) other technical land use planning assistance to 
     facilitate access to, and use of, techniques and principles 
     of land use planning; and
       (4) such other types of programs as the Secretary 
     determines to be appropriate.
       (c) Consultation and Cooperation.--The Secretary shall 
     carry out subsection (a) in consultation and cooperation 
     with--
       (1) the Administrator of the Environmental Protection 
     Agency;
       (2) the Secretary of Transportation;
       (3) the Secretary of Agriculture;
       (4) the heads of other Federal agencies;
       (5) State, tribal, and local governments; and
       (6) nonprofit organizations that promote land use planning 
     at the State, tribal, and local levels.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,000,000 for 
     each of fiscal years 2002 through 2006.
                                  ____


      Community Character Act of 2001--Section-by-Section Summary


                                summary

       The Community Character Act of 2001 seeks to provide much 
     needed funding to State and tribal governments for the 
     development and revision of land use planning tools. Up-to-
     date statewide planning statutes and guidelines will allow 
     state and local governments to meet future growth demands 
     while preserving the economic, natural, cultural, and 
     historic resources of our communities.


                           section by section

     Section 1
       Short Title.--the Community Character Act of 2001.
     Section 2
       Provides Congressional findings regarding the benefits of 
     planning at the State, local, and tribal levels.
     Section 3
       Provides definitions of key terms in the legislation. 
     ``Land use planning legislation'' is defined as a statute, 
     regulation, executive order or other action taken by a State 
     or tribal government to guide, regulate, or assist in the 
     planning, regulation, and management of environmental 
     resources, public works infrastructure, regional economic 
     development, and development practices and other activities 
     related to the pattern and scope of future land use.
     Section 4
       This section authorizes the Economic Development 
     Administration to establish a program to provide grants to 
     States and tribal governments on a competitive basis for the 
     development or revision of land use planning legislation. 
     States and tribal governments are eligible for grants if 
     their land use planning activities promotes certain elements, 
     such as environmental protection, public works 
     infrastructure, and sustainable economic development.
       States and tribes that receive these grants may use them to 
     develop or revise land use planning legislation, conduct 
     research and development relating to land use plans, or 
     funding to local governments to carry out land use planning 
     activities consistent with state planning legislation. This 
     section also provides for local government pilot projects 
     related to land use planning.
       The bill provides $25 million each year for fiscal years 
     2002-2006 and caps grants at $ 1 million ($1.1 million if 
     funding local pilot projects), subject to a 10 percent match. 
     Five percent of the annual authorization is set aside for 
     tribal governments to the extent that there are sufficient 
     eligible applications.
     Section 5
       This section authorizes the Economic Development 
     Administration to provide voluntary educational and 
     informational programs for the use of State, local, and 
     tribal land use planning and zoning officials. The bill 
     authorizes $1 million per year for five years for this 
     purpose.
                                  ____



                                American Planning Association,

                                     Washington, DC, May 24, 2001.
     Hon. Lincoln Chafee,
     U.S. Senate,
     Washington, DC.
       Dear Senator Chafee: The American Planning Association is 
     pleased to endorse the Community Character Act of 2001. APA 
     is heartened by the introduction of this legislation and the 
     assistance it would provide to the numerous states and 
     communities struggling with the consequences of change, 
     whether it be growth and development or economic decline. 
     This legislation recognizes that the federal government can, 
     and should, be a constructive partner with those communities 
     seeking innovative solutions to improving local quality of 
     life through better planning and land use. APA, with more 
     than 30,000 members, is the largest private organization 
     working to promote planning for communities that effectively 
     meets the needs of our people, now and in the future.
       Planning is the single most effective way to deal with 
     growth issues facing states and communities. Passage of the 
     Community Character Act is among the most important and 
     beneficial things Congress could do to help promote local 
     solutions to such pressing issues as downtown revitalization, 
     traffic congestion, urban sprawl and open space protection.
       This legislation responds to widespread citizen interest in 
     smart growth by providing critical resources to help state 
     and local political leaders, business and environmental 
     interests, and others manage change. In a recent national 
     voter survey, APA found that an overwhelming majority of 
     Americans, regardless of political affiliation, geographic 
     locale, or demographic group, believe Congress should take 
     action to support state and local smart growth initiatives. 
     Seventy-eight percent of those surveyed believe it is 
     important for the 107th Congress to help communities solve 
     problems associated with urban growth. Moreover, three-
     quarters of voters also support providing incentives to help 
     promote smart growth and improve planning.
       The Community Character Act provides vital assistance to 
     meet the serious challenge of reforming outdated planning 
     statutes and supporting planning as the basis for smart 
     growth. Currently, more than half the states are still 
     operating under planning statutes devised in the 1920s. And, 
     even in those states with updated planning laws, communities 
     are struggling to find and implement tools to grow smarter 
     and in ways consistent with the values and vision of the 
     citizens. Thus far in 2001, twenty-seven governors have 
     initiated some type smart growth proposals and there is 
     pending legislative or executive activity related to 
     planning, growth and land use in twenty-two states. This if 
     happening in states as diverse as Oklahoma and New York, 
     Montana and Massachusetts.
       We believe this bill will support an array of state, 
     regional and local efforts to promote improved quality of 
     life, economic development and community livability through 
     better planning. Grants could be used to obtain technical 
     assistance and support for a state's review and 
     implementation of growth and planning laws. Activities such 
     as researching and drafting state policies, conducting 
     workshops, holding public forums, promoting regional 
     cooperation and supporting state planning initiatives would 
     qualify for federal assistance. We also believe provisions 
     allowing grants for acquiring new information technology to 
     facilitate planning, pilot projects to support innovative 
     planning at the local level and the development of technical 
     assistance programs through the Economic Development 
     Administration would provide important and needed assistance 
     for local governments and communities.
       This legislation promotes smart growth principles and 
     encourages states to create or update the framework necessary 
     for good planning. It creates a federal partnership with 
     communities through incentives, not mandates. The bill does 
     not mandate that states implement specific changes but rather 
     seeks to support and inform that process once it is underway. 
     This program is a modest investment that will bring 
     substantial dividends in improving the livability of cities, 
     towns, and neighborhoods throughout the nation.
       The American Planning Association applauds your outstanding 
     leadership and vision in introducing the Community Character 
     Act and urges the Senate to enact this legislation.
           Sincerely,
                                                  Bruce McClendon,
     President.
                                  ____



                   National Association of Realtors,

                                     Washington, DC, May 24, 2001.
     Hon. Lincoln D. Chafee,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Chafee: On behalf of its more than 760,000 
     members, the NATIONAL ASSOCIATION OF REALTORS (NAR) 
     supports your introduction of the Community Character Act, 
     which provide grants to assist state governments in 
     developing or updating their land use planning legislation.
       NAR supports this bill because it:
       Recognizes that land use planning is rightfully a State and 
     local government function;
       Provides needed assistance to states and localities to 
     better plan for inevitable growth;
       Requires that planning performed under this Act must 
     provide for housing opportunity and choice and promote 
     affordable housing;
       Promotes improved quality of life, sustainable economic 
     development, and protection of the environment.
       In adopting our Smart Growth principles, NAR recognized 
     that property owners, homebuyers, and REALTORS have 
     a great deal

[[Page S5710]]

     at stake in the debate over livability and growth. 
     REALTORS are outspoken advocates for policies that 
     preserve housing choice and affordability while protecting 
     and improving the quality of the life of our communities.
       It is our experience that when communities have not planned 
     for growth, they may overreact to growth pressures by 
     adopting excessive regulations that distort real estate 
     markets and make homeownership less attainable. Planning in 
     advance to accommodate growth and protect the quality of life 
     is the better approach, and the Community Character Act would 
     promote this needed planning.
       We commend your efforts in introducing the Community 
     Character Act and we look forward to working with you toward 
     its adoption.
           Sincerely,
                                                Lee L. Verstandig,
     Senior Vice President.
                                  ____



                                    The Trust for Public Land,

                                     Washington, DC, May 24, 2001.
     Hon. Lincoln D. Chafee,
     Chair Subcommittee on Superfund, Waste Control, and Risk 
         Assessment, Committee on Environment and Public Works,
     Senate Dirksen Office Building, Washington, DC.
       Dear Senator Chafee: I am writing to advise you of the 
     Trust for Public Land's unqualified support for the Community 
     Character Act of 2001.
       The legislation you are introducing today will provide 
     communities across the nation with an important and adaptive 
     new tool to address the land-use challenges they face. More 
     than ever, states and localities are seeking innovative ways 
     to balance their economic development and environmental 
     protection needs. The Community Character Act will provide 
     much-needed support to the many state and local jurisdictions 
     working to craft this vital balance through their land-use 
     planning processes. This visionary bill aptly recognizes the 
     inextricable links between public infrastructure, private 
     development, and open space preservation, and its 
     competitive-grant approach will allow for appropriate 
     incentive-based federal assistance to state and local 
     planning efforts. The Trust for Public Land particularly 
     appreciates the on-the-ground successes your legislation will 
     spawn through local pilot projects; the inclusion of tribal 
     governments as eligible grant recipients, and the benefits 
     these funds will afford to Indian land management; and the 
     broader effects that enhanced land-use planning will bring to 
     the American landscape.
       We look forward to timely enactment of the Community 
     Character Act, and to hearing from you as to how we might be 
     of assistance in your efforts.
           Sincerely,
                                                       Alan Front,
     Senior Vice President.
                                  ____



                                         Smart Growth America,

                                     Washington, DC, May 24, 2001.
     Hon. Lincoln Chafee,
     U.S. Senate,
     Washington, DC.
       Dear Senator Chafee: Smart Growth America would like to 
     commend you on the introduction of the Community Character 
     Act of 2001. We support both the bill and your efforts to 
     assist states, multi-state regions and tribal governments in 
     their efforts to revise their land use planning legislation 
     and develop comprehensive plans.
       Planning for future growth and directing development so 
     that it strengthens existing communities while building upon 
     their physical, cultural and historical assets is integral to 
     smart growth. We applaud your foresight and willingness to 
     help these entities in their ongoing efforts to achieve smart 
     growth by coordinating transportation, housing and education 
     infrastructure investments while conserving historic, scenic 
     and natural resources.
       The Community Character Act makes the federal government a 
     partner with states, regions and tribal governments that want 
     to plan for future growth. We thank you for your leadership 
     and look forward to working with you to pass this timely 
     legislation.
           Sincerely,
                                                         Don Chen,
                                                         Director.
                                 ______