,,ii #aacth ,,congress #b;d ,session ,s4 #bijj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ah1 #bjad ,mr4 ,menendez 7for himself1 ,mr4 ,reed1 ,mr4 ,franken1 ,mr4 ,sanders1 ,mr4 ,blumenthal1 ,mr4 ,leahy1 ,mr4 ,whitehouse1 ,mr4 ,schumer1 ,ms4 ,landrieu1 ,mr4 ,bennet1 ,mrs4 ,gillibrand1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to create livable communities through coordinated public investment and streamlined requirements1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,livable ,communities ,act of #bjad4 #b4 ,findings ,congress finds that-- 7#a7 when rural1 suburban1 and urban communities plan transportation1 housing1 and water infrastructure strategically it is estimated that these communities could save nearly #abb1jjj1jjj1jjj in infrastructure costs over the next #be years2 7#b7 key ,federal programs are missing a vital opportunity to boost economic growth at the local and regional level through better coordination of housing1 transportation1 and related infrastructure investments2 7#c7 ,federal regulations and policies should support community efforts to implement and sustain progress toward the achievement of locally defined development goals1 in terms of-- 7,a7 geographic location and proximity to existing resources2 7,b7 developing transportation choices that serve the needs of all users and fit within the context of the community2 and 7,c7 maintaining structural and indoor environmental quality and minimizing health hazards2 and 7#d7 greater coordination of public investment will provide direct support for immediate job creation and lay the groundwork for long-term resilience and prosperity by leveraging significant private sector and philanthropic investment to make the most of ,federal funding4 #c4 ,purposes ,the purposes of this ,act are-- 7#a7 to strengthen rural1 suburban1 and urban economies by enabling communities to establish goals for the future and to chart a course for achieving such goals2 7#b7 to promote local leadership by encouraging communities to develop innovative solutions that reflect the unique economic assets and needs of the communities2 7#c7 to maximize returns on ,federal funding of housing1 transportation1 and other infrastructure projects through the coordination of ,federal grant programs1 regulations1 and requirements1 by reducing the number of duplicative ,federal programs and improving the efficiency and effectiveness of programs and policies of the ,department of ,housing and ,urban ,development1 the ,department of ,transportation1 the ,environmental ,protection ,agency1 and other ,federal agencies1 as appropriate2 and 7#d7 to ensure that ,federal funding supports locally defined long range development goals4 #d4 ,definitions ,in this ,act1 the following definitions shall apply3 7#a7 ,affordable housing ,the term affordable housing means housing1 the cost of which does not exceed #cj percent of the income of a family4 7#b7 ,comprehensive regional plan ,the term comprehensive regional plan means a plan that-- 7,a7 uses a cooperative1 locally controlled1 and inclusive public engagement process to identify needs and goals across a region and to integrate related planning processes2 7,b7 prioritizes projects for implementation1 including healthy housing projects2 and 7,c7 is tied to capital improvement programs and annual budgets4 7#c7 ,department ,the term ,department means the ,department of ,housing and ,urban ,development4 7#d7 ,director ,the term ,director means the ,director of the ,office of ,sustainable ,housing and ,communities established under section #e4 7#e7 ,extremely low-income family ,the term extremely low-income family means a family that has an income that does not exceed-- 7,a7 #cj percent of the median income in the area in which the family lives1 as determined by the ,secretary1 with appropriate adjustments for the size of the family2 or 7,b7 a percentage of the median income in the area in which the family lives1 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 in which the family lives1 with appropriate adjustments for the size of the family4 7#f7 ,healthy housing ,the term healthy housing means housing that is designed1 constructed1 rehabilitated1 and maintained in a manner that supports the health of the occupants of the housing4 7#g7 ,housing-related health hazard ,the term housing-related health hazard means any biological1 physical1 or chemical source of exposure or condition in1 or immediately adjacent to1 housing that could adversely affect human health4 7#h7 ,indian tribe ,the term ,indian tribe has the meaning given that term in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc74 7#i7 ,livable community ,the term livable community means a metropolitan1 urban1 suburban1 or rural community that-- 7,a7 provides safe1 reliable1 affordable1 and accessible transportation choices2 7,b7 provides long-term affordable1 accessible1 energy-efficient1 and location-efficient housing choices for people of all ages1 incomes1 races1 and ethnicities2 7,c7 supports1 revitalizes1 and encourages the growth of existing communities and maximizes the cost-effectiveness of existing infrastructure2 7,d7 promotes economic development and economic competitiveness2 7,e7 preserves the environment and natural resources2 7,f7 protects agricultural land1 rural land1 and green spaces2 and 7,g7 supports public health and improves the quality of life for residents of1 and workers in1 the community4 7#aj7 ,location-efficient ,the term location-efficient characterizes mixed-use development or neighborhoods that integrate housing1 transportation choices1 commercial development1 and facilities and amenities-- 7,a7 to lower living expenses for working families2 7,b7 to enhance mobility2 7,c7 to encourage private investment in transit-oriented development2 and 7,d7 to encourage private sector infill development and maximize the use of existing infrastructure4 7#aa7 ,low-income family ,the term low-income family has the meaning given that term in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b774 7#ab7 ,metropolitan planning organization ,the term metropolitan planning organization means a metropolitan planning organization described in section #acd7;b7 of title #bc1 ,united ,states ,code or section #ecjc7;b7 of title #di1 ,united ,states ,code4 7#ac7 ,office ,the term ,office means the ,office of ,sustainable ,housing and ,communities established under section #e4 7#ad7 ,regional council ,the term regional council means a multiservice regional organization with ,state and locally defined boundaries that is-- 7,a7 accountable to units of general local government2 7,b7 delivers a variety of ,federal1 ,state1 and local programs2 and 7,c7 performs planning functions and provides professional and technical assistance4 7#ae7 ,rural planning organization ,the term rural planning organization means a voluntary regional organization of local elected officials and representatives of local transportation systems-- 7,a7 that-- 7i7 works in cooperation with the department of transportation 7or equivalent entity7 of a ,state to plan transportation networks and advise officials of the ,state on transportation planning2 and 7ii7 is located in a rural area-- 7,i7 with a population of not less than #e1jjj2 and 7,,ii7 that is not located in an area represented by a metropolitan planning organization2 or 7,b7 that is a regional transportation planning organization1 as defined in section #ecjc of title #di1 ,united ,states ,code4 7#af7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7#ag7 ,state ,the term ,state has the meaning given that term by the ,secretary1 by rule4 7#ah7 ,transit-oriented development ,the term transit-oriented development means high-density1 walkable1 and location-efficient mixed-use development1 including commercial development1 affordable housing1 and market-rate housing1 that is within walking distance of and accessible to #a or more public transportation facilities4 7#ai7 ,unit of general local government ,the term unit of general local government means-- 7,a7 a city1 county1 town1 township1 parish1 village1 or other general purpose political subdivision of a ,state2 or 7,b7 a combination of general purpose political subdivisions1 as determined by the ,secretary4 7#bj7 ,unit of special purpose local government ,the term unit of special purpose local government-- 7,a7 means a division of a unit of general purpose government that serves a special purpose and does not provide a broad array of services2 and 7,b7 includes an entity such as a school district1 a housing agency1 a transit agency1 and a parks and recreation district4 7#ba7 ,very low-income family ,the term very low-income family has the meaning given that term in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b774 #e4 ,office of sustainable housing and communities 7a7 ,office established ,there is established in the ,department an ,office of ,sustainable ,housing and ,communities1 which shall-- 7#a7 coordinate ,federal policies that-- 7,a7 encourage locally directed comprehensive and integrated planning and development at the ,state1 regional1 and local levels2 7,b7 encourage coordinated public investments through the development of comprehensive regional plans2 7,c7 provide long-term affordable1 accessible1 energy-efficient1 healthy1 and location-efficient housing choices for people of all ages1 incomes1 races1 and ethnicities1 particularly for low-1 very low-1 and extremely low-income families2 and 7,d7 achieve other goals consistent with the purposes of this ,act2 7#b7 review ,federal programs and policies to determine barriers to interagency collaboration and make recommendations to promote the ability of local communities to access resources in the ,department and throughout the ,federal ,government and coordinate with and conduct outreach to ,federal agencies1 including the ,department of ,transportation and the ,environmental ,protection ,agency1 on methods to reduce duplicative programs and improve the efficiency and effectiveness of programs within the ,department of ,transportation1 the ,environmental ,protection ,agency1 and the ,department2 7#c7 conduct research and advise the ,secretary on the research agenda of the ,department relating to coordinated development1 in collaboration with the ,office of ,policy ,development and ,research of the ,department2 7#d7 implement and oversee the grant programs established under this ,act by-- 7,a7 developing the process and format for grant applications for each grant program2 7,b7 promulgating regulations or guidance relating to each grant program2 7,c7 selecting recipients of grants under each grant program2 7,d7 creating performance measures for recipients of grants under each grant program2 7,e7 developing technical assistance and other guidance to assist recipients of grants and potential applicants for grants under each grant program2 7,f7 monitoring and evaluating the performance of recipients of grants under each grant program2 and 7,g7 carrying out such other activities relating to the administration of the grant programs under this ,act as the ,secretary determines are necessary2 7#e7 provide guidance1 information on best practices1 and technical assistance to communities seeking to adopt sustainable development policies and practices2 7#f7 administer initiatives of the ,department relating to the policies described in paragraph 7#a71 as determined by the ,secretary2 and 7#g7 work with the ,federal ,transit ,administration and the ,federal ,highway ,administration of the ,department of ,transportation and other offices and administrations of the ,department of ,transportation1 as appropriate-- 7,a7 to encourage transit-oriented development2 and 7,b7 to coordinate ,federal housing1 community development1 and transportation policies1 including the policies described in paragraph 7#a74 7b7 ,director ,the head of the ,office shall be the ,director of the ,office of ,sustainable ,housing and ,communities4 7c7 ,duties relating to grant programs 7#a7 ,in general ,the ,director shall carry out the grant programs established under this ,act4 7#b7 ,small and rural communities grant program ,the ,director shall coordinate with the ,secretary of ,agriculture to make grants to small and rural communities under sections #g and #h4 7#c7 ,technical assistance for grant recipients and applicants ,the ,director may-- 7,a7 coordinate with other ,federal agencies to establish interagency and multidisciplinary teams to provide technical assistance to recipients of1 and prospective applicants for1 grants under this ,act2 7,b7 by ,federal interagency agreement1 transfer funds to another ,federal agency to facilitate and support technical assistance2 and 7,c7 make contracts with third parties to provide technical assistance to grant recipients and prospective applicants for grants4 #f4 ,comprehensive planning grant program 7a7 ,definitions ,in this section1 the following definitions shall apply3 7#a7 ,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-- 7,a7 represents all or part of a metropolitan statistical area1 a micropolitan statistical area1 or a noncore area2 7,b7 has the authority under ,state1 tribal1 or local law to carry out planning activities1 including surveys1 land use studies1 environmental or public health analyses1 and development of urban revitalization plans2 and 7,c7 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 ,act4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a partnership between a consortium of units of general local government and an eligible partner2 or 7,b7 an ,indian tribe1 if-- 7i7 the ,indian tribe has-- 7,i7 a tribal entity that performs housing and land use planning functions2 and 7,,ii7 a tribal entity that performs transportation and transportation planning functions2 and 7ii7 the ,secretary determines that the isolated location and land expanse of the ,indian tribe require the ,secretary to treat the tribe as an eligible entity for purposes of carrying out activities using a grant awarded under this section4 7#c7 ,eligible partner ,the term eligible partner means-- 7,a7 a metropolitan planning organization1 a rural planning organization1 or a regional council2 or 7,b7 a metropolitan planning organization1 a rural planning organization1 or a regional council1 and-- 7i7 a ,state2 7ii7 an ,indian tribe2 7iii7 a ,state and an ,indian tribe2 or 7iv7 an institution of higher education4 7#d7 ,grant program ,the term grant program means the comprehensive planning grant program established under subsection 7b74 7#e7 ,noncore area ,the term noncore area means a county or group of counties that are not designated by the ,office of ,management and ,budget as a micropolitan statistical area or metropolitan statistical area4 7b7 ,comprehensive planning grant program established ,the ,director shall establish a comprehensive planning grant program to make grants to eligible entities to carry out a project-- 7#a7 to coordinate locally defined planning processes across jurisdictions and agencies2 7#b7 to identify regional partnerships for developing and implementing a comprehensive regional plan2 7#c7 to conduct or update assessments to determine regional needs and promote economic and community development2 7#d7 to develop or update-- 7,a7 a comprehensive regional plan2 or 7,b7 goals and strategies to implement an existing comprehensive regional plan and other related activities2 and 7#e7 to identify local zoning and other code changes necessary to implement a comprehensive regional plan and promote sustainable development4 7c7 ,grants 7#a7 ,diversity of grantees ,the ,director shall ensure geographic diversity among and adequate representation from each of the following categories3 7,a7 ,small and rural communities ,eligible entities that represent all or part of a noncore area1 a micropolitan area1 or a small metropolitan statistical area with a population of not more than #bjj1jjj4 7,b7 ,mid-sized metropolitan communities ,eligible entities that represent all or part of a metropolitan statistical area with a population of more than #bjj1jjj and not more than #ejj1jjj4 7,c7 ,large metropolitan communities ,eligible entities that represent all or part of a metropolitan statistical area with a population of more than #ejj1jjj4 7#b7 ,award of funds to small and rural communities 7,a7 ,in general ,the ,director shall-- 7i7 award not less than #ae percent of the funds under the grant program to eligible entities described in paragraph 7#a77;,a72 and 7ii7 ensure diversity among the geographic regions and the size of the population of the communities served by recipients of grants that are eligible entities described in paragraph 7#a77;,a74 7,b7 ,insufficient applications ,if the ,director determines that insufficient approvable applications have been submitted by eligible entities described in paragraph 7#a77;,a71 the ,director may award less than #ae percent of the funds under the grant program to eligible entities described in paragraph 7#a77;,a74 7#c7 ,federal share 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,federal share of the cost of a project carried out using a grant under the grant program may not exceed #hj percent4 7,b7 ,exceptions 7i7 ,small and rural communities ,in the case of an eligible entity described in paragraph 7#a77;,a71 the ,federal share of the cost of a project carried out using a grant under the grant program may be #ij percent4 7ii7 ,indian tribes ,in the case of an eligible entity that is an ,indian tribe1 the ,federal share of the cost of a project carried out using a grant under the grant program may be #ajj percent4 7,c7 ,non-,federal share 7i7 ,in-kind contributions ,for the purposes of this section1 in-kind contributions may be used for all or part of the non-,federal share of the cost of a project carried out using a grant under the grant program4 7ii7 ,other ,federal funding ,federal funding from sources other than the grant program may not be used for the non-,federal share of the cost of a project carried out using a grant under the grant program4 7#d7 ,availability of funds 7,a7 ,in general ,an eligible entity that receives a grant under the grant program shall-- 7i7 obligate any funds received under the grant program not later than #b years after the date on which the grant agreement under subsection 7g7 is made2 and 7ii7 expend any funds received under the grant program not later than #d years after the date on which the grant agreement under subsection 7g7 is made4 7,b7 ,unobligated amounts ,after the date described in subparagraph 7,a77i71 the ,secretary may award to another eligible entity1 to carry out activities under this section1 any amounts that an eligible entity has not obligated under subparagraph 7,a77i74 7d7 ,application 7#a7 ,in general ,an eligible entity that desires a grant under this section shall submit to the ,director an application1 at such time and in such manner as the ,director shall prescribe1 that contains-- 7,a7 a description of the project proposed to be carried out by the eligible entity2 7,b7 a budget for the project that includes the anticipated ,federal share of the cost of the project and a description of the source of the non-,federal share2 7,c7 the designation of a lead agency or organization1 which may be the eligible entity1 to receive and manage any funds received by the eligible entity under the grant program2 7,d7 a signed copy of a memorandum of understanding among local jurisdictions1 including1 as appropriate1 a ,state1 an ,indian tribe1 units of general purpose local government1 units of special purpose local government1 metropolitan planning organizations1 rural planning organizations1 and regional councils that demonstrates-- 7i7 the creation of an eligible entity2 7ii7 a description of the nature and extent of planned collaboration between the eligible entity and any partners of the eligible entity2 7iii7 a commitment to develop a comprehensive regional plan2 and 7iv7 a commitment to implement the plan after the plan is developed2 7,e7 a certification that the eligible entity has-- 7i7 secured the participation1 or made a good-faith effort to secure the participation1 of transportation providers and public housing agencies within the area affected by the comprehensive regional plan and the entities described in clause 7ii72 and 7ii7 created1 or will create not later than #a year after the date of the grant award1 a regional advisory board to provide input and feedback on the development of the comprehensive regional plan that includes representatives of a ,state1 the metropolitan planning organization1 the rural planning organization1 the regional council1 local jurisdictions1 non-profit organizations1 and others1 as deemed appropriate by the eligible entity1 given the local context of the comprehensive planning effort2 7,f7 a certification that the eligible entity has solicited public comment on the contents of the project description under subparagraph 7,a7 that includes-- 7i7 a description of the process for receiving public comment relating to the proposal2 and 7ii7 such other information as the ,director may require2 7,g7 a description of how the eligible entity will carry out the activities under subsection 7f72 and 7,h7 such additional information as the ,director may require4 7#b7 ,indian tribes ,an eligible entity that is an ,indian tribe is not required to submit the certification under paragraph 7#a77;,e74 7e7 ,selection ,in evaluating an application for a grant under the grant program1 the ,director shall consider the extent to which the application-- 7#a7 demonstrates that the applicant has or will have the legal1 financial1 and technical capacity to carry out the project2 7#b7 demonstrates the extent to which the consortium has developed partnerships throughout an entire region1 including1 as appropriate1 partnerships with the entities described in subsection 7d77#a77;,d72 7#c7 demonstrates integration with local efforts in economic development and job creation2 7#d7 demonstrates a strategy for implementing a comprehensive regional plan through regional infrastructure investment plans and local land use plans2 7#e7 promotes diversity among the geographic regions and the size of the population of the communities served by recipients of grants under this section2 7#f7 demonstrates a commitment to seeking substantial public input during the planning process and public participation in the development of the comprehensive regional plan2 7#g7 demonstrates that a ,federal grant is necessary to accomplish the project proposed to be carried out2 7#h7 minimizes the ,federal share necessary to carry out the project and leverages ,state1 local1 or private resources2 and 7#i7 demonstrates such other qualities as the ,director may determine4 7f7 ,eligible activities ,an eligible entity that receives a grant under this section shall carry out a project that includes #a or more of the following activities3 7#a7 ,coordinating locally defined planning processes across jurisdictions and agencies4 7#b7 ,identifying potential regional partnerships for developing and implementing a comprehensive regional plan4 7#c7 ,conducting or updating assessments to determine regional needs1 including healthy housing1 and promote economic and community development4 7#d7 ,developing or updating-- 7,a7 a comprehensive regional plan2 or 7,b7 goals and strategies to implement an existing comprehensive regional plan4 7#e7 ,implementing local zoning and other code changes necessary to implement a comprehensive regional plan and promote sustainable development4 7g7 ,grant agreement ,each eligible entity that receives a grant under the grant program shall agree to establish1 in coordination with the ,director1 performance measures1 reporting requirements1 and any other requirements that the ,director determines are necessary1 that the eligible entity shall meet at the end of each year in which the eligible entity receives funds under the grant program4 7h7 ,public outreach 7#a7 ,outreach required ,each eligible entity that receives a grant under the grant program shall perform substantial outreach activities-- 7,a7 to engage a broad cross-section of community stakeholders in the process of developing a comprehensive regional plan1 including low-income families1 minorities1 older adults1 and economically disadvantaged community members2 and 7,b7 to create an effective means for stakeholders to participate in the development and implementation of a comprehensive regional plan4 7#b7 ,finalization of comprehensive regional plan 7,a7 ,in general ,an eligible entity that receives a grant under the grant program may not finalize a comprehensive regional plan before the eligible entity holds a public hearing to obtain the views of citizens1 public agencies1 and other interested parties4 7,b7 ,availability of information ,not later than #cj days before a hearing described in subparagraph 7,a71 an eligible entity shall make the proposed comprehensive regional plan and all information relevant to the hearing-- 7i7 available to the public for inspection during normal business hours2 and 7ii7 available on a publically accessible website4 7,c7 ,notice ,not later than #cj days before a hearing described in subparagraph 7,a71 an eligible entity shall publish notice-- 7i7 of the hearing2 and 7ii7 that the information described in subparagraph 7,b7 is available4 7i7 ,violation of grant agreement or failure ,to comply with public outreach requirements ,if the ,director determines that an eligible entity has not met the performance measures established in the grant agreement under subsection 7g71 is not making reasonable progress toward meeting such measures1 is otherwise in violation of the grant agreement1 or has not complied with the public outreach requirements under subsection 7h71 the ,director may-- 7#a7 withhold financial assistance until the requirements under the grant agreement or under subsection 7h71 as applicable1 are met2 or 7#b7 terminate the grant agreement4 7j7 ,report on the comprehensive planning grant 7#a7 ,in general ,not later than #ij days after the date on which the grant agreement under subsection 7g7 expires1 an eligible entity that receives a grant under the grant program shall submit a final report on the project to the ,secretary4 7#b7 ,contents of report ,the report shall include-- 7,a7 a detailed explanation of the activities undertaken using the grant1 including an explanation of the completed project and how it achieves specific transit-oriented1 transportation1 housing1 or sustainable community goals within the region2 7,b7 a discussion of any obstacles encountered in the planning process and how the eligible entity overcame the obstacles2 7,c7 an evaluation of the success of the project using the performance measures established in the grant agreement under subsection 7g71 including an evaluation of the planning process and how the project contributes to carrying out the comprehensive regional plan2 and 7,d7 any other information the ,director may require4 7#c7 ,interim report ,the ,director may require an eligible entity to submit an interim report before the date on which the project for which the grant is awarded is completed4 7k7 ,authorization of appropriations 7#a7 ,authorization ,there are authorized to be appropriated to the ,secretary for the award of grants under this section1 to remain available until expended-- 7,a7 #ajj1jjj1jjj for fiscal year #bjae2 and 7,b7 #abe1jjj1jjj for each of fiscal years #bjaf through #bjai4 7#b7 ,technical assistance ,the ,director may use not more than #b percent of the amounts made available under this subsection for a fiscal year for technical assistance under section #e7;c77#c74 #g4 ,community challenge grant program 7a7 ,definitions ,in this section-- 7#a7 the terms consortium of units of general local governments1 eligible entity1 and eligible partner have the meanings given those terms in section #f2 and 7#b7 the term grant program means the community challenge grant program established under subsection 7b74 7b7 ,community challenge grant program established ,the ,director shall establish a community challenge grant program to make grants to eligible entities to-- 7#a7 promote integrated planning and investments across policy and governmental jurisdictions2 and 7#b7 implement projects identified in a comprehensive regional plan4 7c7 ,grants 7#a7 ,diversity of grantees ,the ,director shall ensure geographic diversity among and adequate representation from eligible entities in each of the categories described in section #f7;c77#a74 7#b7 ,terms and conditions ,except as otherwise provided in this section1 a grant under the grant program shall be made on the same terms and conditions as a grant under section #f4 7#c7 ,expending funds ,an eligible entity that receives a grant under the grant program shall expend any funds received under the grant program not later than #e years after the date on which the grant agreement under subsection 7g7 is made4 7d7 ,application 7#a7 ,contents ,an eligible entity that desires a grant under the grant program shall submit to the ,director an application1 at such time and in such manner as the ,director shall prescribe1 that contains-- 7,a7 a copy of the comprehensive regional plan1 whether developed as part of the comprehensive planning grant program under section #f or developed independently2 7,b7 a description of the project or projects proposed to be carried out using a grant under the grant program2 7,c7 a description of any preliminary actions that have been or must be taken at the local or regional level to implement the project or projects described under subparagraph 7,b71 including the revision of land use or zoning policies2 7,d7 a signed copy of a memorandum of understanding among local jurisdictions1 including1 as appropriate1 a ,state1 units of general purpose local government1 units of special purpose local government1 metropolitan planning organizations1 rural planning organizations1 and regional councils that demonstrates-- 7i7 the creation of a consortium of units of general local government2 and 7ii7 a commitment to implement the activities described in the comprehensive regional plan2 7,e7 a certification that the eligible entity has solicited public comment on the contents of the project or projects described in subparagraph 7,b7 that includes-- 7i7 a certification that the eligible entity made information about the project or projects available and afforded citizens1 public agencies1 and other interested parties a reasonable opportunity to examine the content of the project or projects and to submit comments2 7ii7 a description of the process for receiving public comment1 and a description of the outreach efforts to affected populations and stakeholders2 and 7iii7 a certification that the eligible entity-- 7,i7 held a public hearing to obtain the views of citizens1 public agencies1 and other interested parties2 7,,ii7 made the proposed project or projects and all information relevant to the hearing available for inspection by the public during normal business hours not less than #cj days before the hearing under subclause 7,i72 and 7,,iii7 published a notice informing the public of the hearing under subclause 7,i7 and the availability of the information described in subclause 7,,ii72 7,f7 a budget for the project or projects that includes the ,federal share of the cost of the project or projects requested and a description of the source of the non-,federal share2 and 7,g7 such additional information as the ,director may require4 7#b7 ,indian tribes ,an eligible entity that is an ,indian tribe is not required to submit a memorandum of understanding under paragraph 7#a77;,d74 7e7 ,selection ,in evaluating an application for a grant under the grant program1 the ,director shall consider the extent to which the application-- 7#a7 demonstrates that the applicant has or will have the legal1 financial1 and technical capacity to carry out the project2 7#b7 demonstrates the extent to which the eligible entity has developed partnerships throughout an entire region1 including partnerships with units of special purpose local government and transportation providers2 7#c7 demonstrates clear and meaningful interjurisdictional cooperation and coordination of housing 7including healthy housing71 transportation1 and environmental policies and plans2 7#d7 demonstrates a commitment to implementing a comprehensive regional plan and documents action taken or planned to implement the plan2 7#e7 minimizes the ,federal share necessary to carry out the project and leverages a significant amount of ,state1 local1 or private resources2 7#f7 identifies original and innovative ideas to overcoming regional problems1 including local land use and zoning 7or other code7 obstacles to carrying out the comprehensive regional plan2 7#g7 promotes diversity among the geographic regions and the size of the population of the communities served by recipients of grants under the grant program2 7#h7 demonstrates a commitment to substantial public input throughout the implementation process2 7#i7 demonstrates that a ,federal grant is necessary to accomplish the project or projects proposed to be carried out2 and 7#aj7 demonstrates such other qualities as the ,director may determine4 7f7 ,grant activities 7#a7 ,planning activities 7,a7 ,in general ,an eligible entity that receives a grant under the grant program may use not more than #aj percent of the grant for planning activities4 7,b7 ,limitation ,activities related to the updating1 reform1 or development of a local code1 plan1 or ordinance to implement projects contained in a comprehensive regional plan shall not be considered planning activities for the purposes of a grant under the grant program4 7#b7 ,projects and investments ,an eligible entity that receives a grant under the grant program shall carry out #a or more projects that are designed to achieve the goals identified in a comprehensive regional plan4 7g7 ,grant agreement ,each eligible entity that receives a grant under the grant program shall agree to establish1 in coordination with the ,director1 performance measures1 reporting requirements1 and any other requirements that the ,director determines are necessary1 that the eligible entity shall meet at the end of each year in which the eligible entity receives funds under the grant program4 7h7 ,violation of grant agreement ,if the ,director determines that an eligible entity has not met the performance measures established under subsection 7g71 is not making reasonable progress toward meeting such measures1 or is otherwise in violation of the grant agreement1 the ,director may-- 7#a7 withhold financial assistance until the requirements under the grant agreement are met2 or 7#b7 terminate the grant agreement4 7i7 ,report on the community challenge grant 7#a7 ,in general ,not later than #ij days after the date on which the grant agreement under subsection 7g7 expires1 an eligible entity that receives a grant under the grant program shall submit a final report on the project to the ,secretary4 7#b7 ,contents of report ,the report shall include-- 7,a7 a detailed explanation of the activities undertaken using the grant1 including an explanation of the completed project and how it achieves specific transit-oriented1 transportation1 housing1 or sustainable community goals within the region2 7,b7 a discussion of any obstacles encountered in the planning and implementation process and how the eligible entity overcame the obstacles2 7,c7 an evaluation of the success of the project using the performance measures established under subsection 7g71 including an evaluation of the planning and implementation process and how the project contributes to carrying out the comprehensive regional plan2 and 7,d7 any other information the ,director may require4 7#c7 ,interim report ,the ,director may require an eligible entity to submit an interim report before the date on which the project for which the grant is awarded is completed4 7j7 ,authorization of appropriations 7#a7 ,authorization ,there are authorized to be appropriated to the ,secretary for the award of grants under this section1 to remain available until expended-- 7,a7 #cj1jjj1jjj for each of fiscal years #bjae and #bjaf2 7,b7 #ce1jjj1jjj for fiscal year #bjag2 7,c7 #dj1jjj1jjj for fiscal year #bjah2 and 7,d7 #de1jjj1jjj for fiscal year #bjai4 #h4 ,credit facility to support transit-oriented development 7a7 ,definitions ,in this section1 the following definitions shall apply3 7#a7 ,eligible applicant ,the term eligible applicant means a ,state or local government4 7#b7 ,eligible area ,the term eligible area means the area within mile of an existing or planned major public transportation facility4 7#c7 ,eligible borrower ,the term eligible borrower means-- 7,a7 a governmental entity1 authority1 agency1 or instrumentality2 7,b7 a corporation1 partnership1 joint venture1 or trust on behalf of which an eligible applicant has submitted an application under subsection 7c72 or 7,c7 any other legal entity undertaking an infrastructure development project on behalf of which an eligible applicant has submitted an application under subsection 7c74 7#d7 ,major public transportation facility ,the term major public transportation facility means-- 7,a7 a fixed-guideway public transportation station2 7,b7 a high speed rail or intercity rail station connecting to public transportation2 7,c7 an intermodal facility connecting multiple public transportation lines2 or 7,d7 a public transportation center located in an area other than an urbanized area4 7#e7 ,planned major public transportation facility ,the term planned major public transportation facility means a major public transportation facility for which-- 7,a7 appropriate environmental reviews have been completed2 and 7,b7 funding for construction can be reasonably anticipated4 7#f7 ,project ,the term project means an infrastructure project that is used to support a transit-oriented development in an eligible area1 including-- 7,a7 property enhancement1 including conducting environmental remediation1 park development1 and open space acquisition2 7,b7 improvement of mobility1 including rehabilitating1 or providing for additional1 streets1 public transportation stations1 structured parking1 walkways1 and bikeways2 7,c7 utility development1 including rehabilitating or relocating existing1 or providing for new drinking water1 wastewater1 electric1 and gas utilities2 or 7,d7 community service facilities1 such as child care centers4 7#g7 ,public transportation ,the term public transportation has the meaning given that term in section #ecjb of title #di1 ,united ,states ,code4 7b7 ,loan program established ,the ,secretary1 in consultation with the ,secretary of ,transportation1 may make or guarantee loans under this section to eligible borrowers for projects4 7c7 ,application 7#a7 ,in general ,an eligible applicant may submit to the ,secretary an application for a loan or loan guarantee under this section-- 7,a7 to fund a project carried out by the eligible applicant2 or 7,b7 on behalf of an eligible borrower1 to fund a project carried out by the eligible borrower4 7d7 ,selection criteria 7#a7 ,in general ,the ,secretary may make a loan or loan guarantee under this section for a project that-- 7,a7 is part of a community-wide development plan1 as defined by the ,secretary2 7,b7 promotes sustainable development2 and 7,c7 ensures that not less than #ae percent of any housing units constructed or substantially rehabilitated as part of transit-oriented development supported by the project are affordable over the long term to1 and occupied at time of initial occupancy by-- 7i7 renters with incomes at or below #fj percent of the area median income2 or 7ii7 homeowners with incomes at or below #ajj percent of the area median income4 7#b7 ,considerations ,the ,secretary1 in consultation with the ,secretary of ,transportation1 shall select the recipients of loans and loan guarantees under this section based on the extent to which-- 7,a7 the transit-oriented development supported by the project will encourage increased use of transit2 7,b7 the transit-oriented development supported by the project will create or preserve long-term affordable housing units in addition to the housing units required to be made available under paragraph 7#a77;,c7 or will provide deeper affordability than required under paragraph 7#a77;,c72 7,c7 the project will facilitate and encourage additional development or redevelopment in the overall public transportation station area2 7,d7 the local government has adopted policies that-- 7i7 promote long-term affordable housing2 and 7ii7 allow high-density1 mixed-use development near public transportation stations2 7,e7 the transit-oriented development supported by the project is part of a comprehensive regional plan2 7,f7 the eligible borrower has established a reliable1 dedicated revenue source to repay the loan2 7,g7 the project is not financially viable for the eligible borrower without a loan or loan guarantee under this section2 and 7,h7 a loan or loan guarantee under this section would be used in conjunction with non-,federal resources to fund the project4 7e7 ,eligible sources of repayment ,a loan made or guaranteed under this section shall be repayable1 in whole or in part1 from dedicated revenue sources1 which may include-- 7#a7 user fees2 7#b7 property tax revenues2 7#c7 sales tax revenues2 7#d7 other revenue sources dedicated to the project by property owners and businesses2 and 7#e7 a bond or other indebtedness backed by one of the revenue sources listed in this paragraph4 7f7 ,interest rate ,the ,secretary shall establish an interest rate for loans made or guaranteed under this section with reference to a benchmark interest rate 7commonly known as a yield7 on marketable ,treasury securities with a maturity that is similar to the loans made or guaranteed under this section4 7g7 ,maximum maturity ,the maturity of a loan made or guaranteed under this section may not exceed the lesser of-- 7#a7 #ce years2 or 7#b7 #ij percent of the useful life of any project to be financed by the loan1 as determined by the ,secretary4 7h7 ,maximum loan guarantee rate 7#a7 ,in general ,the guarantee rate on a loan guaranteed under this section may not exceed #ge percent of the amount of the loan4 7#b7 ,lower guarantee rate for low-risk borrowers ,the ,secretary shall establish a guarantee rate for loans to eligible borrowers that the ,secretary determines pose a lower risk of default that is lower than the guarantee rate for loans to other eligible borrowers4 7i7 ,fees ,the ,secretary shall establish fees for loans made or guaranteed under this section at a level that is sufficient to cover all or part of the costs to the ,federal ,government of making or guaranteeing a loan under this section4 7j7 ,nonsubordination ,a loan made or guaranteed under this section may not be subordinated to the claims of any holder of an obligation relating to the project in the event of bankruptcy1 insolvency1 or liquidation4 7k7 ,commencement of repayment ,the scheduled repayment of principal or interest on a loan made or guaranteed under this section shall commence not later than #e years after the date of substantial completion of a project4 7l7 ,repayment deferral for loans 7#a7 ,in general ,if1 at any time after the date of substantial completion of a project1 the ,secretary determines that dedicated revenue sources of an eligible borrower are insufficient to make the scheduled loan repayments of principal and interest on a loan made or guaranteed under this section1 the ,secretary may1 subject to criteria established by the ,secretary1 allow the eligible borrower to add unpaid principal and interest to the outstanding balance of the loan4 7#b7 ,treatment of deferred payments ,any payment deferred under this section shall-- 7,a7 continue to accrue interest until fully repaid2 and 7,b7 be scheduled to be amortized over the remaining term of the loan4 7m7 ,authorization of appropriations ,there are authorized to be appropriated for the cost of loans and loan guarantees under this section #bj1jjj1jjj for each of fiscal years #bjae through #bjai4 #i4 ,healthy homes 7a7 ,federal initiative ,to support healthy housing and eradicate housing-,related health hazards ,the ,secretary1 acting through the ,director of the ,office of ,healthy ,homes and ,lead ,hazard ,control and in consultation with the ,secretary of ,energy1 the ,administrator of the ,environmental ,protection ,agency1 the ,secretary of ,agriculture1 the ,director of the ,national ,institute of ,standards and ,technology1 the ,director of the ,national ,institute of ,environmental ,health ,sciences1 and the ,director of the ,centers for ,disease ,control1 shall lead the ,federal initiative to support healthy housing and eradicate housing-related health hazards by-- 7#a7 reviewing1 monitoring1 and evaluating ,federal housing1 health1 energy1 and environmental programs and identifying areas of overlap and duplication that could be improved2 7#b7 identifying best practices and model programs1 including practices and programs that link services for low-income families and services for health hazards2 7#c7 identifying best practices for finance products1 building codes1 and regulatory practices2 7#d7 researching training programs and work practices that can accurately assess housing-related health hazards2 7#e7 promoting collaboration among ,federal1 ,state1 local1 and tribal agencies and non-governmental organizations2 and 7#f7 coordinating with all relevant ,federal agencies4 7b7 ,assessment ,the ,secretary shall conduct a collaborative1 interagency assessment of best practices for-- 7#a7 coordinating activities relating to healthy housing2 7#b7 removing unnecessary barriers to interagency coordination in ,federal statutes and regulations2 and 7#c7 creating incentives in programs of the ,federal ,government to advance the complementary goals of improving environmental health1 energy conservation1 and the availability of housing4 7c7 ,study and report on sustainable building features and indoor environmental quality in housing 7#a7 ,study ,the ,secretary1 in consultation with the ,secretary of ,energy1 the ,director of the ,national ,institute of ,standards and ,technology1 the ,director of the ,national ,institute of ,environmental ,health ,sciences1 the ,director of the ,centers for ,disease ,control1 and any other ,federal agency that the ,secretary determines is appropriate1 shall conduct a detailed study of how sustainable building features in housing1 such as energy efficiency1 affect-- 7,a7 the quality of the indoor environment2 7,b7 the prevalence of housing-related health hazards2 and 7,c7 the health of occupants of the housing4 7#b7 ,report ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on ,appropriations of the ,senate and the ,committee on ,financial ,services and the ,committee on ,appropriations of the ,house of ,representatives a report containing the results of the study under paragraph 7#a74 7d7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 #aj4 ,ineligibility of individuals who are not lawfully present 7a7 ,in general ,no housing assisted using a grant under this ,act may be made available to an individual who is not lawfully present in the ,united ,states4 7b7 ,rule of construction ,nothing in this ,act may be construed to alter the restrictions or definitions under section #bad of the ,housing and ,community ,development ,act of #aihj 7#db ,u4,s4,c4 #adcf;a74