Untitled Document

S.1619
Livable Communities Act of 2009 (Introduced in Senate – IS)

SEC. 3. PURPOSES.

The purposes of this Act are–

(1) to facilitate and improve the coordination of housing, community development, transportation, energy, and environmental policy in the United States;

(2) to coordinate Federal policies and investments to promote sustainable development;

(3) to encourage regional planning for livable communities and the adoption of sustainable development techniques, including transit-oriented development;

(4) to provide a variety of safe, reliable transportation choices, with special emphasis on public transportation and complete streets, in order to reduce traffic congestion, greenhouse gas emissions, and dependence on foreign oil;

(5) to provide affordable, energy-efficient, and location-efficient housing choices for people of all ages, incomes, races, and ethnicities, and to make the combined costs of housing and transportation more affordable to families;

(6) to support, revitalize, and encourage growth in existing communities, in order to maximize the cost effectiveness of existing infrastructure and preserve undeveloped lands;

(7) to promote economic development and competitiveness by connecting the housing and employment locations of workers, reducing traffic congestion, and providing families with access to essential services;

(8) to preserve the environment and natural resources, including agricultural and rural land and green spaces; and

(9) to support public health and improve quality of life for the residents of and workers in communities by promoting healthy, walkable neighborhoods, access to green space, and the mobility to pursue greater opportunities.

SEC. 4. DEFINITIONS.

In this Act, the following definitions shall apply:

(1) AFFORDABLE HOUSING- The term `affordable housing’ means housing, the cost of which does not exceed 30 percent of the income of a family.

(2) CENSUS TRACT- The term `census tract’ means a small, relatively permanent statistical subdivision of a county, delineated by a local committee of census data users for the purpose of presenting data.

(3) CHAIRPERSON- The term `Chairperson’ means the Chairperson of the Interagency Council on Sustainable Communities.

(4) COMPLETE STREET- The term `complete street’ means a street that enables all travelers, particularly public transit users, bicyclists, pedestrians (including individuals of all ages and individuals with disabilities), and motorists, to use the street safely and efficiently.

(5) COMPREHENSIVE REGIONAL PLAN- The term `comprehensive regional plan’ means a plan that–

(A) identifies land use, transportation, community development, housing, economic development, environmental, energy, and infrastructure needs and goals in a region;

(B) provides strategies for meeting the needs and goals described in subparagraph (A), including strategies for–

(i) providing affordable, energy-efficient, and location-efficient housing choices for people of all ages, incomes, races, and ethnicities;

(ii) reducing growth in vehicle miles traveled, in order to reduce traffic congestion and regional greenhouse gas emissions from transportation;

(iii) encouraging economic competitiveness and economic development; and

(iv) increasing the connectivity of the region by increasing public transportation ridership and improving access to transportation alternatives; and

(6) CONSORTIUM OF UNITS OF GENERAL LOCAL GOVERNMENTS- The term `consortium of units of general local governments’ means a consortium of geographically contiguous units of general local government that the Secretary determines–

(A) represents all or part of a metropolitan statistical area or a micropolitan statistical area;

(B) has the authority under State or local law to carry out planning activities, including surveys, land use studies, environmental or public health analyses, and development of urban revitalization plans; and

(C) has provided documentation to the Secretary sufficient to demonstrate that the purpose of the consortium is to carry out a project using a grant awarded under this Act.

(7) COUNCIL- The term `Council’ means the Interagency Council on Sustainable Communities established under section 6.

(8) DEPARTMENT- The term `Department’ means the Department of Housing and Urban Development.

(9) DIRECTOR- The term `Director’ means the Director of the Office of Sustainable Housing and Communities established under section 5.

(10) EXTREMELY LOW-INCOME FAMILY- The term `extremely low-income family’–

(A) means a family that has an income that does not exceed–

(i) 30 percent of the median income in the area where the family lives, as determined by the Secretary, with appropriate adjustments for the size of the family; or

(ii) a percentage of the median income in the area where the family lives, as determined by the Secretary upon a finding by the Secretary that such percentage is necessary due to unusually high or low family incomes in the area where the family lives; and

(B) includes a family that includes a person with special needs, including an elderly person or a person with disabilities, as those terms are defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).

(11) HIGH-POVERTY AREA- The term `high-poverty area’ means a census tract, or a group of contiguous census tracts, that has a poverty rate of 20 percent or more.

(12) LIVABLE COMMUNITY- The term `livable community’ means a metropolitan, urban, suburban, rural, or neighborhood community that–

(A) provides safe and reliable transportation choices;

(B) provides affordable, energy-efficient, and location-efficient housing choices for people of all ages, incomes, races, and ethnicities;

(C) supports, revitalizes, and encourages the growth of existing communities and maximizes the cost effectiveness of existing infrastructure;

(D) promotes economic development and economic competitiveness;

(E) preserves the environment and natural resources;

(F) protects agricultural land, rural land, and green spaces; and

(G) supports public health and improves the quality of life for residents of and workers in the community.

(13) LOCATION-EFFICIENT- The term `location-efficient’ characterizes development, housing, or neighborhoods that integrate land use, mixed-use housing and commercial development, employment, and transportation–

(A) to enhance mobility;

(B) to encourage transit-oriented development;

(D) to reduce growth in vehicle miles traveled and the transportation costs and energy requirements associated with ownership or rental of a home.

(14) LOW-INCOME FAMILY- The term `low-income family’–

(A) has the same meaning as in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and

(B) includes a low-income family with a person with special needs, including an elderly person or a person with disabilities, as those terms are defined section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).

(15) METROPOLITAN PLANNING ORGANIZATION- The term `metropolitan planning organization’ has the meaning given that term in section 134(b) of title 23, United States Code, and section 5303(b) of title 49, United States Code.

(16) METROPOLITAN STATISTICAL AREA- The term `metropolitan statistical area’ means a county or group of counties that–

(A) is designated by the Office of Management and Budget as a metropolitan statistical area; and

(B) has 1 or more large population centers with a population of not less than 50,000 and adjacent territory with a high level of integration with the core.

(17) MICROPOLITAN STATISTICAL AREA- The term `micropolitan statistical area’ means a county or group of counties that–

(A) is designated by the Office of Management and Budget as a micropolitan statistical area; and

(B) has 1 or more large urban clusters with a population of not less than 10,000 and not more than 50,000.

(18) OFFICE- The term `Office’ means the Office of Sustainable Housing and Communities established under section 5.

(19) REGIONAL COUNCIL- The term `regional council’ means a multi-service regional organization with State and locally defined boundaries that is–

(A) accountable to units of general local government;

(B) delivers a variety of Federal, State, and local programs; and

(20) RURAL PLANNING ORGANIZATION- The term `rural planning organization’ means a voluntary organization of local elected officials and representatives of local transportation systems that–

(A) works in cooperation with the department of transportation (or equivalent entity) of a State to plan transportation networks and advise officials of the State on transportation planning; and

(B) is located in a rural area–

(i) with a population of not less than 5,000; and

(ii) that is not located in an area represented by a metropolitan planning organization.

(21) SECRETARY- The term `Secretary’ means the Secretary of Housing and Urban Development.

(22) STATE- The term `State’ means the several States, the District of Columbia, Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands.

(23) SUSTAINABLE DEVELOPMENT- The term `sustainable development’ means a pattern of resource use designed to create livable communities by–

(A) providing a variety of safe and reliable transportation choices;

(B) providing affordable, energy-efficient, and location-efficient housing choices for people of all income levels, ages, races, and ethnicities;

(C) supporting, revitalizing, and encouraging the growth of communities and maximizing the cost effectiveness of existing infrastructure;

(D) promoting economic development and economic competitiveness;

(E) preserving the environment and natural resources;

(F) protecting agricultural land, rural land, and green spaces; and

(G) supporting public health and improving the quality of life for residents of and workers in a community.

(24) TRANSIT-ORIENTED DEVELOPMENT- The term `transit-oriented development’ means high-density, walkable, mixed-use development (including commercial development, affordable housing, and market-rate housing) that is within walking distance of and accessible to 1 or more public transportation facilities.

(25) UNIT OF GENERAL LOCAL GOVERNMENT- The term `unit of general local government’ means–

(A) a city, county, town, township, parish, village, or other general purpose political subdivision of a State; or

(B) a combination of general purpose political subdivisions, as determined by the Secretary.

(26) UNIT OF SPECIAL PURPOSE LOCAL GOVERNMENT- The term `unit of special purpose local government’–

(A) means a division of a unit of general purpose government that serves a special purpose and does not provide a broad array of services; and

(B) includes an entity such as a school district, a housing agency, a transit agency, and a parks and recreation district.

(27) VERY LOW-INCOME FAMILY- The term `very low-income family’–

(A) has the same meaning as in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and

(B) includes a very low-income family with a person with special needs, including an elderly person or a person with disabilities, as those terms are defined section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).

(28) WORKFORCE HOUSING- The term `workforce housing’ means housing, the cost of which does not exceed 30 percent of–

(A) 120 percent of the median income in the area where the family lives, as determined by the Secretary, with appropriate adjustments for the size of family; or

(B) a percentage, as determined by the Secretary, of the median income in the area where the family lives, upon a finding by the Secretary that such percentage is necessary due to unusually high or low family incomes in the area where the family lives.

SEC. 5. OFFICE OF SUSTAINABLE HOUSING AND COMMUNITIES.

(a) Office Established- There is established in the Department an Office of Sustainable Housing and Communities, which shall–

(1) coordinate Federal policies and initiatives that foster livable communities, including–

(A) encouraging sustainable development at the State, regional, and local levels;

(B) encouraging the development of comprehensive regional plans;

(D) providing affordable, location-efficient housing choices for people of all ages, incomes, races, and ethnicities, particularly for low-, very low-, and extremely low-income families; and

(E) working with the Federal Transit Administration of the Department of Transportation to–

(i) encourage transit-oriented development; and

(ii) coordinate Federal housing, community development, and transportation policies;

(2) conduct research and advise the Secretary on the research agenda of the Department relating to sustainable development;

(3) provide administrative support for participation by the Secretary in the activities of the Council;

(4) implement and oversee the grant programs established under this Act by–

(A) developing grant applications for each grant program;

(B) promulgating regulations relating to each grant program;

(D) creating performance measures for recipients of grants under each grant program;

(E) developing technical assistance and other guidance to assist recipients of grants and potential applicants for grants under each grant program;

(F) monitoring and evaluating the performance of recipients of grants under each grant program; and

(G) carrying out such other activities relating to the administration of the grant programs under this Act as the Secretary determines are necessary;

(5) provide guidance, information on best practices, and technical assistance to communities seeking to adopt sustainable development policies and practices;

(6) provide guidance and technical assistance to communities seeking to prepare applications for the comprehensive planning grant program under section 7;

(7) administer initiatives of the Department relating to the policies described in paragraph (1), as determined by the Secretary; and

(8) coordinate with and conduct outreach to other Federal agencies, including the Federal Transit Administration of the Department of Transportation and the Office of Smart Growth of the Environmental Protection Agency, on sustainability issues.

(b) Director- The head of the Office shall be the Director of the Office of Sustainable Housing and Communities.

(1) IN GENERAL- The Director, in coordination with the Council or a working group established by the Council under section 6(b)(6), shall carry out the grant programs established under this Act.

(2) INTERIM WORKING GROUP- During the period between the date of enactment of this Act and the date on which a memorandum of understanding is signed under section 6(a)(7), in carrying out the grant programs under this Act, the Secretary shall consult with an interim working group that includes the Secretary of Transportation, the Administrator of the Environmental Protection Agency (or the designee of such Secretary or Administrator), and representatives from such other Federal agencies, departments, or offices, as the President may determine.

(3) TECHNICAL ASSISTANCE FOR GRANT RECIPIENTS AND APPLICANTS- The Director may–

(A) coordinate with the members of the Council to establish interagency and multidisciplinary teams to provide technical assistance to recipients of and prospective applicants for grants under this Act;

(B) make contracts with third parties to provide technical assistance to grant recipients and prospective applicants for grants; and

(C) establish a technical assistance program for prospective applicants, particularly prospective applicants from smaller communities, preparing to apply for grants under section 7.

(d) Report on Housing Location Affordability Index-

(1) STUDY- The Director shall conduct a study on–

(A) the development of a housing location affordability index that includes housing and transportation costs; and

(B) ways in which the affordability index described in subparagraph (A) could be made available to the public to inform consumers of the combined costs of housing and transportation.

(2) REPORT- Not later than 1 year after the date of enactment of this Act, the Director shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the study under paragraph (1).

(e) Report on Incentives for Energy-Efficient Mortgages and Location-Efficient Mortgages-

(1) DEFINITIONS- In this subsection–

(A) the term `energy-efficient mortgage’ means a mortgage loan under which the income of the borrower, for purposes of qualification for such loan, is considered to be increased by not less than $1 for each $1 of savings projected to be realized by the borrower as a result of cost-effective energy-saving design, construction, or improvements (including use of renewable energy sources, such as solar, geothermal, biomass, and wind, super-insulation, energy-saving windows, insulating glass and film, and radiant barrier) for the home for which the loan is made; and

(B) the term `location-efficient mortgage’ means a mortgage loan under which–

(i) the income of the borrower, for purposes of qualification for such loan, is considered to be increased by not less than $1 for each $1 of savings projected to be realized by the borrower because the location of the home for which the loan is made will result in decreased transportation costs for the household of the borrower; or

(ii) the sum of the principal, interest, taxes, and insurance due under the mortgage loan is decreased by not less than $1 for each $1 of savings projected to be realized by the borrower because the location of the home for which the loan is made will result in decreased transportation costs for the household of the borrower.

(2) STUDY-

(A) IN GENERAL- The Director shall conduct a study on incentives for encouraging lenders to make, and homebuyers and homeowners to participate in, energy-efficient mortgages and location-efficient mortgages, including–

(i) fee reductions;

(ii) fee waivers;

(iii) interest rate reductions; and

(iv) adjustment of mortgage qualifications.

(B) CONSIDERATIONS- In studying the incentives under subparagraph (A), the Secretary shall consider the potential for lower risk of default on energy-efficient mortgages and location-efficient mortgages in comparison to mortgages that are not energy-efficient or location-efficient.

(3) REPORT- Not later than 1 year after the date of enactment of this Act, the Director shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the study under paragraph (2).

(f) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.