,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hjba ,,in ,,the ,,house ,,of ,,representatives ,august #aa1 #bjbj ,mr4 ,perlmutter 7for himself and ,mr4 ,casten of ,illinois7 introduced the following bill2 which was referred to the ,committee on ,financial ,services1 and in addition to the ,committee on ,education and ,labor1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to encourage energy efficiency1 conservation1 and development of renewable energy sources for housing1 and to create sustainable communities4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,green ,neighborhoods ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,implementation of energy efficiency participation incentives for ,,hud programs4 ,sec4 #c4 ,basic ,,hud energy efficiency standards and standards for additional credit4 ,sec4 #d4 ,enhanced energy efficiency underwriting4 ,sec4 #e4 ,energy-efficient certifications for manufactured housing with mortgages4 ,sec4 #f4 ,making it green4 ,sec4 #g4 ,including sustainable development and transportation strategies in comprehensive housing affordability strategies4 ,sec4 #h4 ,grant program to increase sustainable low-income community development capacity4 ,sec4 #i4 ,benchmarking4 ,sec4 #aj4 ,workforce development4 ,sec4 #aa4 ,ensuring availability of homeowners insurance for homes not connected to electricity grid4 ,sec4 #ab4 ,definitions4 #b4 ,implementation of energy efficiency participation incentives for ,,hud programs 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,housing and ,urban ,development shall issue such regulations as may be necessary to establish annual energy efficiency participation incentives consistent with this ,act to encourage participants in programs administered by the ,secretary1 including recipients under programs for which ,,hud assistance is provided1 to achieve substantial improvements in energy efficiency4 7b7 ,requirement for appropriation of funds ,the requirement under subsection 7a7 for the ,secretary to provide annual energy efficiency participation incentives pursuant to the provisions of this ,act shall be subject to the annual appropriation of necessary funds4 #c4 ,basic ,,hud energy efficiency standards and standards for additional credit 7a7 ,basic ,,hud standard 7#a7 ,residential structures ,a residential single-family or multifamily structure shall be considered to comply with the energy efficiency standards under this subsection if-- 7,a7 the structure complies with the applicable provisions of the ,american ,society of ,heating1 ,refrigerating1 and ,air-,conditioning ,engineers ,standard #ij4a-bjaf1 as such standard or successor standard is in effect for purposes of this section pursuant to subsection 7c72 7,b7 the structure complies with the applicable provisions of the #bjah ,international ,energy ,conservation ,code1 as such standard or successor standard is in effect for purposes of this section pursuant to subsection 7c72 7,c7 in the case only of an existing structure1 where determined cost effective1 the structure has undergone rehabilitation or improvements1 completed after the date of the enactment of this ,act1 and the energy consumption for the structure has been reduced by at least #bj percent from the previous level of consumption1 as determined in accordance with energy audits performed both before and after any rehabilitation or improvements undertaken to reduce such consumption2 or 7,d7 the structure complies with the applicable provisions of such other energy efficiency requirements1 standards1 checklists1 or ratings systems as the ,secretary may adopt and apply by regulation1 as may be necessary1 for purposes of this section for specific types of residential single-family or multifamily structures or otherwise1 except that the ,secretary shall make a determination regarding whether to adopt and apply any such requirements1 standards1 checklists1 or rating system for purposes of this section not later than the expiration of the #ahj-;day period beginning upon the date of receipt of any written request1 made in such form as the ,secretary shall provide1 for such adoption and application4 ,in addition to compliance with any of subparagraphs 7,a7 through 7,d71 the ,secretary shall by regulation require1 for any newly constructed residential single-family or multifamily structure to be considered to comply with the energy efficiency standards under this subsection1 that the structure have appropriate electrical outlets with the facility and capacity to recharge a standard electric passenger vehicle1 including an electric hybrid vehicle1 where such vehicle would normally be parked4 7#b7 ,nonresidential structures ,for purposes of this section1 the ,secretary shall identify and adopt by regulation1 as may be necessary1 energy efficiency requirements1 standards1 checklists1 or rating systems applicable to nonresidential structures that are constructed or rehabilitated with ,,hud assistance4 ,a nonresidential structure shall be considered to comply with the energy efficiency standards under this subsection if the structure complies with the applicable provisions of any such energy efficiency requirements1 standards1 checklist1 or rating systems identified and adopted by the ,secretary pursuant to this paragraph1 as such standards are in effect for purposes of this section pursuant to subsection 7c74 7#c7 ,effect ,nothing in this subsection may be construed to require any structure to comply with any standard established or adopted pursuant to this subsection1 or identified in this subsection1 or to provide any benefit or credit under any ,federal program for any structure that complies with any such standard1 except to the extent that-- 7,a7 any provision of law other than this subsection provides a benefit or credit under a ,federal program for compliance with a standard established or adopted pursuant to this subsection1 or identified in this subsection2 or 7,b7 the ,secretary specifically provides pursuant to subsection 7c7 for the applicability of such standard4 7b7 ,enhanced energy efficiency standards for purposes of providing additional credit under certain federally assisted housing programs 7#a7 ,purpose and effect 7,a7 ,purpose ,the purpose of this subsection is to establish energy efficiency and conservation standards and green building standards that-- 7i7 provide for greater energy efficiency and conservation in structures than is required for compliance with the energy efficiency standards under subsection 7a7 and then in effect2 7ii7 provide for green and sustainable building standards not required by such standards2 and 7iii7 can be used in connection with ,federal housing1 housing finance1 and development programs to provide incentives for greater energy efficiency and conservation and for green and sustainable building methods1 elements1 practices1 and materials4 7,b7 ,effect ,nothing in this subsection may be construed to require any structure to comply with any standard established pursuant to this subsection or to provide any benefit or credit under any ,federal program for any structure1 except to the extent that any provision of law other than this subsection provides a benefit or credit under a ,federal program for compliance with a standard established pursuant to this subsection4 7#b7 ,compliance ,a residential or nonresidential structure shall be considered to comply with the enhanced energy efficiency and conservation standards or the green building standards under this subsection1 to the extent that such structure is verified by a third party as compliant with1 or certified to1 the applicable provisions of the standards under paragraph 7#c7 or 7#d71 respectively 7as such standards are in effect for purposes of this section1 pursuant to paragraph 7#g771 in a manner that is not required for compliance with the energy efficiency standards under subsection 7a7 then in effect and subject to the ,secretary's determination of which standards are applicable to which structures4 7#c7 ,energy efficiency and conservation standards ,the energy efficiency and conservation standards under this paragraph are as follows3 7,a7 ,residential structures ,with respect to residential structures3 7i7 ,new construction ,for new construction1 the ,energy ,star for ,homes certification or ,energy ,star for ,multifamily ,new ,construction certification standards established by the ,environmental ,protection ,agency1 as such standards are in effect for purposes of this subsection pursuant to paragraph 7#g72 7ii7 ,existing structures ,for existing structures1 a reduction in energy consumption from the previous level of consumption for the structure1 as determined in accordance with energy audits performed both before and after any rehabilitation or improvements undertaken to reduce such consumption by at least #cj percent or achievement of ,,energy ,,star certification4 7,b7 ,nonresidential structures ,with respect to nonresidential structures1 such energy efficiency and conservation requirements1 standards1 checklists1 or rating systems for nonresidential structures as the ,secretary shall identify and adopt by regulation1 as may be necessary1 for purposes of this paragraph4 7#d7 ,green building standards ,the green building standards under this paragraph are the most recent adopted versions of the following3 7,a7 ,the national ,green ,communities criteria checklist for residential construction that provides criteria for the design1 development1 and operation of affordable housing1 as such checklist or successor checklist is in effect for purposes of this section pursuant to paragraph 7#g74 7,b7 ,the ,,leed for ,new ,construction rating system1 the ,,leed for ,homes rating system1 the ,,leed for ,core and ,shell rating system1 as applicable1 as such systems or successor systems are in effect for purposes of this section pursuant to paragraph 7#g74 7,c7 ,the ,green ,globes assessment and rating system of the ,green ,buildings ,initiative4 7,d7 ,for manufactured housing1 energy star rating with respect to fixtures1 appliances1 and equipment in such housing1 as such standard or successor standard is in effect for purposes of this section pursuant to paragraph 7#g74 7,e7 ,the ,national ,green ,building ,standard4 7,f7 ,any other proven requirements1 standards1 checklists1 or rating systems for green building or sustainability as the ,secretary may identify and adopt by regulation1 as may be necessary for purposes of this paragraph1 except that the ,secretary shall make a determination regarding whether to adopt and apply any such requirements1 standards1 checklist1 or rating system for purposes of this section not later than the expiration of the #ahj-;day period beginning upon date of receipt of any written request1 made in such form as the ,secretary shall provide1 for such adoption and application4 7#e7 ,green building ,for purposes of this subsection1 the term green building means1 with respect to standards for structures1 standards to require use of sustainable design principles to reduce the use of nonrenewable resources1 minimize the impact of development on the environment1 and to improve indoor air quality4 7#f7 ,energy audits ,the ,secretary shall establish standards and requirements for energy audits for purposes of paragraph 7#c77;,a77ii74 7#g7 ,applicability and updating of standards 7,a7 ,applicability ,except as provided in subparagraph 7,b71 the requirements1 standards1 checklists1 and rating systems referred to in this subsection that are in effect for purposes of this subsection are such requirements1 standards1 checklists1 and systems are as in existence upon the date of the enactment of this ,act4 7,b7 ,updating ,for purposes of this section1 the ,secretary may adopt and apply by regulation1 as may be necessary1 future amendments and supplements to1 and editions of1 the requirements1 standards1 checklists1 and rating systems referred to in this subsection4 7c7 ,authority of ,secretary ,to apply standards to federally assisted housing and programs 7#a7 ,,hud housing and programs ,the ,secretary of ,housing and ,urban ,development may1 by regulation1 provide for the applicability of the energy efficiency standards under subsection 7a7 or the enhanced energy efficiency and conservation standards and green building standards under subsection 7b71 or both1 with respect to any covered federally assisted housing described in paragraph 7#c77;,a7 or any ,,hud assistance4 7#b7 ,rural housing ,the ,secretary of ,agriculture may1 by regulation1 provide for the applicability of the energy efficiency standards under subsection 7a7 or the enhanced energy efficiency and conservation standards and green building standards under subsection 7b71 or both1 with respect to any covered federally assisted housing described in paragraph 7#c77;,b7 or any assistance provided with respect to rural housing by the ,rural ,housing ,service of the ,department of ,agriculture4 7#c7 ,covered federally assisted housing ,for purposes of this subsection1 the term covered federally assisted housing means-- 7,a7 any residential or nonresidential structure for which any ,,hud assistance is provided2 and 7,b7 any new construction of single-family housing 7other than manufactured homes7 subject to mortgages insured1 guaranteed1 or made by the ,secretary of ,agriculture under title ,v of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adga et seq474 #d4 ,enhanced energy efficiency underwriting 7a7 ,definitions ,in this section3 7#a7 ,covered agency ,the term covered agency-- 7,a7 means-- 7i7 an executive agency1 as that term is defined in section #ajb of title #ca1 ,united ,states ,code2 and 7ii7 any other agency of the ,federal ,government2 and 7,b7 includes each enterprise1 as that term is defined under section #acjc of the ,federal ,housing ,enterprises ,financial ,safety and ,soundness ,act of #aiib 7#ab ,u4,s4,c4 #dejb74 7#b7 ,covered loan ,the term covered loan means a loan secured by a home that is issued1 insured1 purchased1 or securitized by a covered agency4 7#c7 ,homeowner ,the term homeowner means the mortgagor under a covered loan4 7#d7 ,mortgagee ,the term mortgagee means-- 7,a7 an original lender under a covered loan or the holder of a covered loan at the time at which that mortgage transaction is consummated2 7,b7 any affiliate1 agent1 subsidiary1 successor1 or assignee of an original lender under a covered loan or the holder of a covered loan at the time at which that mortgage transaction is consummated2 7,c7 any servicer of a covered loan2 and 7,d7 any subsequent purchaser1 trustee1 or transferee of any covered loan issued by an original lender4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7#f7 ,servicer ,the term servicer means the person or entity responsible for the servicing of a covered loan1 including the person or entity who makes or holds a covered loan if that person or entity also services the covered loan4 7#g7 ,servicing ,the term servicing has the meaning given the term in section #f7;i7 of the ,real ,estate ,settlement ,procedures ,act of #aigd 7#ab ,u4,s4,c4 #bfje7;i774 7b7 ,findings and purposes 7#a7 ,findings ,the ,congress finds that-- 7,a7 energy costs for homeowners are a significant and increasing portion of their household budgets2 7,b7 household energy use can vary substantially depending on the efficiency and characteristics of the house2 7,c7 expected energy cost savings are important to the value of the house2 7,d7 the current test for loan affordability used by most covered agencies1 commonly known as the debt-to-income test1 is inadequate because it does not take into account the expected energy cost savings for the homeowner of an energy efficient home2 and 7,e7 another loan limitation1 commonly known as the loan-to-value test1 is tied to the appraisal1 which often does not adjust for efficiency features of houses4 7#b7 ,purposes ,the purposes of this section are to-- 7,a7 improve the accuracy of mortgage underwriting by ,federal mortgage agencies by ensuring that energy cost savings are included in the underwriting process as described below1 and thus to reduce the amount of energy consumed by homes and to facilitate the creation of energy efficiency retrofit and construction jobs2 7,b7 require a covered agency to include the expected energy cost savings of a homeowner as a regular expense in the tests1 such as the debt-to-income test1 used to determine the ability of the loan applicant to afford the cost of homeownership for all loan programs2 and 7,c7 require a covered agency to include the value home buyers place on the energy efficiency of a house in tests used to compare the mortgage amount to home value1 taking precautions to avoid double-counting and to support safe and sound lending4 7c7 ,enhanced energy efficiency underwriting criteria 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall1 in consultation with the advisory group established in subsection 7f77#b71 develop and issue guidelines for a covered agency to implement enhanced loan eligibility requirements1 for use when testing the ability of a loan applicant to repay a covered loan1 that account for the expected energy cost savings for a loan applicant at a subject property1 in the manner set forth in paragraphs 7#b7 and 7#c74 7#b7 ,requirements to account for energy cost savings 7,a7 ,in general ,the enhanced loan eligibility requirements under paragraph 7#a7 shall require that1 for all covered loans for which an energy efficiency report is voluntarily provided to the mortgagee by the mortgagor1 the covered agency and the mortgagee shall take into consideration the estimated energy cost savings expected for the owner of the subject property in determining whether the loan applicant has sufficient income to service the mortgage debt plus other regular expenses4 7,b7 ,expenses as offsets ,to the extent that a covered agency uses a test1 such as a debt-to-income test1 that includes certain regular expenses1 such as hazard insurance and property taxes1 the expected energy cost savings shall be included as an offset to these expenses4 7,c7 ,assessed energy costs ,energy costs to be assessed include the cost of electricity1 natural gas1 oil1 and any other fuel regularly used to supply energy to the subject property4 7#c7 ,determination of estimated energy cost savings 7,a7 ,in general ,the guidelines to be issued under paragraph 7#a7 shall include instructions for the covered agency to calculate estimated energy cost savings using-- 7i7 the energy efficiency report2 7ii7 an estimate of baseline average energy costs2 and 7iii7 additional sources of information as determined by the ,secretary4 7,b7 ,report requirements ,for the purposes of subparagraph 7,a71 an energy efficiency report shall-- 7i7 estimate the expected energy cost savings specific to the subject property1 based on specific information about the property2 7ii7 be prepared in accordance with the guidelines to be issued under paragraph 7#a72 and 7iii7 be prepared-- 7,i7 in accordance with the ,residential ,energy ,service ,network's ,home ,energy ,rating ,system 7commonly known as ,,hers7 by an individual certified by the ,residential ,energy ,service ,network1 unless the ,secretary finds that the use of ,,hers does not further the purposes of this section2 or 7,,ii7 by other methods approved by the ,secretary1 in consultation with the ,secretary of ,energy and the advisory group established in subsection 7f77#b71 for use under this section1 which shall include a quality assurance procedure approved by the ,secretary1 in consultation with the ,secretary of ,energy4 7,c7 ,use by appraiser ,if an energy efficiency report is used under paragraph 7#b71 the energy efficiency report shall be provided to the appraiser to estimate the energy efficiency of the subject property and for potential adjustments for energy efficiency4 7#d7 ,required disclosure to consumer for a home with an energy efficiency report ,if an energy efficiency report is used under paragraph 7#b71 the guidelines to be issued under paragraph 7#a7 shall require the mortgagee to-- 7,a7 inform the loan applicant of the expected energy costs as estimated in the energy efficiency report1 in a manner and at a time as prescribed by the ,secretary1 and if practicable1 in the documents delivered at the time of loan application2 and 7,b7 include the energy efficiency report in the documentation for the loan provided to the borrower4 7#e7 ,required disclosure to consumer for a home without an energy efficiency report ,if an energy efficiency report is not used under paragraph 7#b71 the guidelines to be issued under paragraph 7#a7 shall require the mortgagee to inform the loan applicant in a manner and at a time as prescribed by the ,secretary1 and if practicable1 in the documents delivered at the time of loan application of-- 7,a7 typical energy cost savings that would be possible from a cost-effective energy upgrade of a home of the size and in the region of the subject property2 7,b7 the impact the typical energy cost savings would have on monthly ownership costs of a typical home2 7,c7 the impact on the size of a mortgage that could be obtained if the typical energy cost savings were reflected in an energy efficiency report2 and 7,d7 resources for improving the energy efficiency of a home4 7#f7 ,pricing of loans 7,a7 ,in general ,a covered agency may price covered loans originated under the enhanced loan eligibility requirements required under this section in accordance with the estimated risk of the loans4 7,b7 ,imposition of certain material costs1 impediments1 or penalties ,in the absence of a publicly disclosed analysis that demonstrates significant additional default risk or prepayment risk associated with the loans1 a covered agency shall not impose material costs1 impediments1 or penalties on covered loans merely because the loan uses an energy efficiency report or the enhanced loan eligibility requirements required under this section4 7#g7 ,limitations 7,a7 ,in general ,a covered agency may price covered loans originated under the enhanced loan eligibility requirements required under this section in accordance with the estimated risk of those loans4 7,b7 ,prohibited actions ,a covered agency shall not-- 7i7 modify existing underwriting criteria or adopt new underwriting criteria that intentionally negate or reduce the impact of the requirements or resulting benefits that are set forth or otherwise derived from the enhanced loan eligibility requirements required under this subsection2 or 7ii7 impose greater buy back requirements1 credit overlays1 or insurance requirements1 including private mortgage insurance1 on covered loans merely because the loan uses an energy efficiency report or the enhanced loan eligibility requirements required under this subsection4 7#h7 ,applicability and implementation date ,not later than #c years after the date of enactment of this ,act1 and before ,december #ca1 #bjbc1 the enhanced loan eligibility requirements required under this subsection shall be implemented by each covered agency to-- 7,a7 apply to any covered loan for the sale1 or refinancing of any loan for the sale1 of any home2 7,b7 be available on any residential real property 7including individual units of condominiums and cooperatives7 that qualifies for a covered loan2 and 7,c7 provide prospective mortgagees with sufficient guidance and applicable tools to implement the required underwriting methods4 7d7 ,enhanced energy efficiency underwriting valuation guidelines 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 in consultation with the ,federal ,financial ,institutions ,examination ,council and the advisory group established in subsection 7f77#b71 develop and issue guidelines for a covered agency to determine the maximum permitted loan amount based on the value of the property for all covered loans made on properties with an energy efficiency report that meets the requirements of subsection 7c77#c77;,b72 and 7,b7 in consultation with the ,secretary of ,energy1 issue guidelines for a covered agency to determine the estimated energy savings under paragraph 7#c7 for properties with an energy efficiency report4 7#b7 ,requirements ,the enhanced energy efficiency underwriting valuation guidelines required under paragraph 7#a7 shall include-- 7,a7 a requirement that if an energy efficiency report that meets the requirements of subsection 7c77#c77;,b7 is voluntarily provided to the mortgagee1 such report shall be used by the mortgagee or covered agency to determine the estimated energy savings of the subject property2 and 7,b7 a requirement that the estimated energy savings of the subject property be added to the appraised value of the subject property by a mortgagee or covered agency for the purpose of determining the loan-to-value ratio of the subject property1 unless the appraisal includes the value of the overall energy efficiency of the subject property1 using methods to be established under the guidelines issued under paragraph 7#a74 7#c7 ,determination of estimated energy savings 7,a7 ,amount of energy savings ,the amount of estimated energy savings shall be determined by calculating the difference between the estimated energy costs for the average comparable houses1 as determined in guidelines to be issued under paragraph 7#a71 and the estimated energy costs for the subject property based upon the energy efficiency report4 7,b7 ,duration of energy savings ,the duration of the estimated energy savings shall be based upon the estimated life of the applicable equipment1 consistent with the rating system used to produce the energy efficiency report4 7,c7 ,present value of energy savings ,the present value of the future savings shall be discounted using the average interest rate on conventional #cj-year mortgages1 in the manner directed by guidelines issued under paragraph 7#a74 7#d7 ,ensuring consideration of energy efficient features ,section #aaaj of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #ccci7 is amended-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7,c7 by inserting after paragraph 7#c7 the following3 7#d7 that ,state certified and licensed appraisers have timely access1 whenever practicable1 to information from the property owner and the lender that may be relevant in developing an opinion of value regarding the energy- and water-saving improvements or features of a property1 such as-- 7,a7 labels or ratings of buildings2 7,b7 installed appliances1 measures1 systems or technologies2 7,c7 blueprints2 7,d7 construction costs2 7,e7 financial or other incentives regarding energy- and water-efficient components and systems installed in a property2 7,f7 utility bills2 7,g7 energy consumption and benchmarking data2 and 7,h7 third-party verifications or representations of energy and water efficiency performance of a property1 observing all financial privacy requirements adhered to by certified and licensed appraisers1 including section #eja of the ,gramm-,leach-,bliley ,act 7#ae ,u4,s4,c4 #fhja74 ,unless a property owner consents to a lender1 an appraiser1 in carrying out the requirements of paragraph 7#d71 shall not have access to the commercial or financial information of the owner that is privileged or confidential4 4 7#e7 ,transactions requiring state certified and competent appraisers ,section #aaac of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #ccdb7 is amended-- 7,a7 in paragraph 7#a71 by inserting before the semicolon the following3 1 or any real property on which the appraiser makes adjustments using an energy efficiency report2 and 7,b7 in paragraph 7#b71 by inserting after atypical the following3 1 or an appraisal on which the appraiser makes adjustments using an energy efficiency report44 7#f7 ,appraiser competency requirement ,mortgagee shall require that the appraiser conducting an appraisal of any real property for which an energy report is provided shall have the requisite knowledge required to perform a professional quality appraisal1 as evidenced by professional certification approved by the ,secretary4 7#g7 ,protections 7,a7 ,authority to impose limitations ,the guidelines to be issued under paragraph 7#a7 shall include such limitations and conditions as determined by the ,secretary to be necessary to protect against meaningful under or over valuation of energy cost savings or duplicative counting of energy efficiency features or energy cost savings in the valuation of any subject property that is used to determine a loan amount4 7,b7 ,additional authority ,at the end of the #g-year period following the implementation of enhanced eligibility and underwriting valuation requirements under this section1 the ,secretary may modify or apply additional exceptions to the approach described in paragraph 7#b71 where the ,secretary finds that the unadjusted appraisal will reflect an accurate market value of the efficiency of the subject property or that a modified approach will better reflect an accurate market value4 7#h7 ,applicability and implementation date ,not later than #c years after the date of enactment of this ,act1 and before ,december #ca1 #bjbc1 each covered agency shall implement the guidelines required under this subsection1 which shall-- 7,a7 apply to any covered loan for the sale1 or refinancing of any loan for the sale1 of any home2 and 7,b7 be available on any residential real property1 including individual units of condominiums and cooperatives1 that qualifies for a covered loan4 7e7 ,monitoring ,not later than #a year after the date on which the enhanced eligibility and underwriting valuation requirements are implemented under this section1 and every year thereafter1 each covered agency with relevant activity shall issue and make available to the public a report that-- 7#a7 enumerates the number of covered loans of the agency for which there was an energy efficiency report1 and that used energy efficiency appraisal guidelines and enhanced loan eligibility requirements2 7#b7 includes the default rates and rates of foreclosures for each category of loans2 and 7#c7 describes the risk premium1 if any1 that the agency has priced into covered loans for which there was an energy efficiency report4 7f7 ,rulemaking 7#a7 ,in general ,the ,secretary shall prescribe regulations to carry out this section1 in consultation with the ,secretary of ,energy and the advisory group established in paragraph 7#b71 which may contain such classifications1 differentiations1 or other provisions1 and may provide for such proper implementation and appropriate treatment of different types of transactions1 as the ,secretary determines are necessary or proper to effectuate the purposes of this section1 to prevent circumvention or evasion thereof1 or to facilitate compliance therewith4 7#b7 ,advisory group ,to assist in carrying out this section1 the ,secretary shall establish an advisory group1 consisting of individuals representing the interests of-- 7,a7 mortgage lenders2 7,b7 appraisers2 7,c7 energy raters and residential energy consumption experts2 7,d7 energy efficiency organizations2 7,e7 real estate agents2 7,f7 home builders and remodelers2 7,g7 ,state energy officials2 and 7,h7 others as determined by the ,secretary4 7g7 ,additional study 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall reconvene the advisory group established in subsection 7f77#b71 in addition to water and locational efficiency experts1 to advise the ,secretary on the implementation of the enhanced energy efficiency underwriting criteria established in subsections 7c7 and 7d74 7#b7 ,recommendations 7,a7 ,in general ,the advisory group established in subsection 7f77#b7 shall provide recommendations to the ,secretary on any revisions or additions to the enhanced energy efficiency underwriting criteria deemed necessary by the group1 which may include alternate methods to better account for home energy costs and additional factors to account for substantial and regular costs of homeownership such as location-based transportation costs and water costs4 7,b7 ,legislative recommendations ,the ,secretary shall forward any legislative recommendations from the advisory group to ,congress for consideration4 #e4 ,energy-efficient certifications for manufactured housing with mortgages ,section #ebf of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agce;f-#d7;a77 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking 1 other than manufactured homes1 each place such term appears2 7,b7 by inserting after the period at the end the following3 ,the energy performance requirements developed and established by the ,secretary under this section for manufactured homes shall require energy star rating for wall fixtures1 appliances1 and equipment in such housing42 7,c7 by inserting 7#a7 after 7a72 and 7,d7 by adding at the end the following new paragraphs3 7#b7 ,the ,secretary shall require1 with respect to any single- or multi-family residential housing subject to a mortgage insured under this ,act1 that any approval or certification of the housing for meeting any energy efficiency or conservation criteria1 standards1 or requirements pursuant to this title and any approval or certification required pursuant to this title with respect to energy-conserving improvements or any renewable energy sources1 such as wind1 solar energy geothermal1 or biomass1 shall be conducted only by an individual certified by a home energy rating system provider who has been accredited to conduct such ratings by the ,home ,energy ,ratings ,system ,council1 the ,residential ,energy ,services ,network1 or such other appropriate national organization1 as the ,secretary may provide1 or by licensed professional architect or engineer4 ,if any organization makes a request to the ,secretary for approval to accredit individuals to conduct energy efficiency or conservation ratings1 the ,secretary shall review and approve or disapprove such request not later than the expiration of the #f-month period beginning upon receipt of such request4 7#c7 ,the ,secretary shall periodically examine the method used to conduct inspections for compliance with the requirements under this section1 analyze various other approaches for conducting such inspections1 and review the costs and benefits of the current method compared with other methods4 2 and 7#b7 in subsection 7b71 by striking 1 other than a manufactured home14 #f4 ,making it green 7a7 ,partnerships with tree-,planting organizations ,the ,secretary shall establish and provide incentives for developers of housing for which any ,,hud financial assistance1 as determined by the ,secretary1 is provided for development1 maintenance1 operation1 or other costs1 to enter into agreements and partnerships with tree-planting organizations1 nurseries1 and landscapers to certify that trees1 shrubs1 grasses1 and other plants are planted in the proper manner1 are provided adequate maintenance1 and survive for at least #c years after planting or are replaced4 ,the financial assistance determined by the ,secretary as eligible under this section shall take into consideration such factors as cost effectiveness and affordability4 7b7 ,making it green plan ,in the case of any new or substantially rehabilitated housing for which ,,hud financial assistance1 as determined in accordance with subsection 7a71 is provided by the ,secretary for the development1 construction1 maintenance1 rehabilitation1 improvement1 operation1 or costs of the housing1 including financial assistance provided through the ,community ,development ,block ,grant program under title ,i of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecja et seq471 the ,secretary shall require the development of a plan that provides for-- 7#a7 in the case of new construction and improvements1 siting of such housing and improvements in a manner that provides for energy efficiency and conservation to the extent feasible1 taking into consideration location and project type2 7#b7 minimization of the effects of construction1 rehabilitation1 or other development on the condition of existing trees2 7#c7 selection and installation of indigenous trees1 shrubs1 grasses1 and other plants based upon applicable design guidelines and standards of the ,international ,society for ,arboriculture2 7#d7 post-planting care and maintenance of the landscaping relating to or affected by the housing in accordance with best management practices2 and 7#e7 establishment of a goal for minimum greenspace or tree canopy cover for the housing site for which such financial assistance is provided1 including guidelines and timetables within which to achieve compliance with such minimum requirements4 7c7 ,partnerships ,in carrying out this section1 the ,secretary is encouraged to consult1 as appropriate1 with national organizations dedicated to providing housing assistance and related services to low-income families1 such as the ,alliance for ,community ,trees and its affiliates1 the ,american ,nursery and ,landscape ,association1 the ,american ,society of ,landscape ,architects1 and the ,national ,arbor ,day ,foundation4 #g4 ,including sustainable development and transportation strategies in comprehensive housing affordability strategies ,section #aje7;b7 of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgje7;b77 is amended-- 7#a7 by striking and at the end of paragraph 7#ai72 7#b7 by striking the period at the end of paragraph 7#bj7 and inserting 2 and2 7#c7 and by inserting after paragraph 7#bj7 the following new paragraphs3 7#ba7 describe the jurisdiction's strategies to encourage sustainable development for affordable housing1 including single-family and multifamily housing1 as measured by-- 7,a7 greater energy efficiency and use of renewable energy sources1 including any strategies regarding compliance with the energy efficiency standards under section #c7;a7 of the ,green ,neighborhoods ,act of #bjbj and with the enhanced energy efficiency and conservation standards1 and the green building standards1 under section #c7;b7 of such ,act2 7,b7 increased conservation1 recycling1 and reuse of resources2 7,c7 more effective use of existing infrastructure2 7,d7 use of building materials and methods that are healthier for residents of the housing1 including use of building materials that are free of added known carcinogens that are classified as ,group #a ,known ,carcinogens by the ,international ,agency for ,research on ,cancer2 and 7,e7 such other criteria as the ,secretary determines1 in consultation with the ,secretary of ,energy1 the ,secretary of ,agriculture1 and the ,administrator of the ,environmental ,protection ,agency1 are in accordance with the purposes of this paragraph2 and 7#bb7 describe the jurisdiction's efforts to coordinate its housing strategy with its transportation planning strategies to ensure to the extent practicable that residents of affordable housing have access to public transportation4 4 #h4 ,grant program to increase sustainable low-income community development capacity 7a7 ,in general ,the ,secretary may make grants to nonprofit organizations to use for any of the following purposes3 7#a7 ,training1 educating1 supporting1 or advising an eligible community development organization or qualified youth service and conservation corps in improving energy efficiency1 resource conservation and reuse1 design strategies to maximize energy efficiency1 installing or constructing renewable energy improvements 7such as wind1 wave1 solar1 biomass1 and geothermal energy sources71 and effective use of existing infrastructure in affordable housing and economic development activities in low-income communities1 taking into consideration energy efficiency standards under section #c7;a7 of this ,act and with the enhanced energy efficiency and conservation standards1 and the green building standards1 under section #c7;b7 of this ,act4 7#b7 ,providing loans1 grants1 or predevelopment assistance to eligible community development organizations or qualified youth service and conservation corps to carry out energy efficiency improvements that comply with the energy efficiency standards under section #c7;a7 of this ,act1 resource conservation and reuse1 and effective use of existing infrastructure in affordable housing and economic development activities in low-income communities4 ,in providing assistance under this paragraph1 the ,secretary shall give more preference to activities based on the extent to which the activities will result in compliance with the enhanced energy efficiency and conservation standards1 and the green building standards1 under section #c7;b7 of this ,act4 7#c7 ,such other purposes as the ,secretary determines are in accordance with the purposes of this subsection4 7b7 ,application requirement ,to be eligible for a grant under this section1 a nonprofit organization shall prepare and submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,award of contracts ,contracts for architectural or engineering services funded with amounts from grants made under this section shall be awarded in accordance with chapter #aa of title #dj1 ,united ,states ,code 7relating to selection of architects and engineers74 7d7 ,matching requirement ,a grant made under this section may not exceed the amount that the nonprofit organization receiving the grant certifies1 to the ,secretary1 will be provided 7in cash or in-kind7 from nongovernmental sources to carry out the purposes for which the grant is made4 7e7 ,definitions ,for purposes of this section1 the following definitions shall apply3 7#a7 nonprofit organization ,the term nonprofit organization has the meaning given such term in section #ajd of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgjd74 7#b7 ,eligible community development organization ,the term eligible community development organization means-- 7,a7 a unit of general local government 7as defined in section #ajd of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgjd772 7,b7 a community housing development organization 7as defined in section #ajd of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgjd772 7,c7 an ,indian tribe or tribally designated housing entity 7as such terms are defined in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc772 or 7,d7 a public housing agency1 as such term is defined in section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg7;b774 7#c7 ,low-income community ,the term low-income community means a census tract in which #ej percent or more of the households have an income which is less than #hj percent of the greater of-- 7,a7 the median gross income for such year for the area in which such census tract is located2 or 7,b7 the median gross income for such year for the ,state in which such census tract is located4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this section #bj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #i4 ,benchmarking 7a7 ,definitions ,for purposes of this section1 the following definitions shall apply3 7#a7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7#b7 ,hud-assisted property ,the term ,,hud-assisted property means a property assisted by any of the following programs3 7,a7 ,the program under section #bjb of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq7 for supportive housing for the elderly4 7,b7 ,the program under section #haa of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac7 for supportive housing for persons with disabilities4 7,c7 ,any program under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7 for rental assistance for low-income families4 7,d7 ,any program for mortgage insurance for single-family housing under title ,,ii of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agjg et seq474 7,e7 ,the programs under section #bbc7;a77#g71 #bbc7;f71 or #bda7;a7 of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agaen7a71 #agaen7f71 #agaez-#f7;a774 7#c7 ,benchmarked ,,hud-assisted property ,the term benchmarked ,,hud-assisted property means a ,,hud-assisted property with respect to which energy and water benchmarking data is required by a ,state or local authority to be reported through the ,,energy ,,star ,portfolio ,manager4 7#d7 ,climate zone ,the term ,climate ,zone means a region of the ,united ,states as defined by the ,environmental ,protection ,agency under the ,,energy ,,star program or the ,office of ,energy ,efficiency and ,renewable ,energy of the ,department of ,energy4 7b7 ,benchmarking report 7#a7 ,in general ,not later than the expiration of the #a-year period beginning on the date of the enactment of this ,act1 the ,secretary shall submit to the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 a report that includes-- 7,a7 an assessment of the current state of energy and water use benchmarking in the multifamily property sector2 7,b7 data identifying the number and square footage of multifamily properties that are required by ,state or local authorities to report benchmarking data1 the proportion that are ,,hud-assisted properties1 and the proportion of all ,,hud-assisted properties that are subject to such requirements2 7,c7 data identifying multifamily properties that participate in each pathway in the ,,hud ,green ,mortgage ,insurance ,premium program1 including the number and square footage of participating properties and the proportion of eligible properties participating2 7,d7 data identifying multifamily properties that participate in the ,,hud ,better ,buildings ,challenge1 including the number and square footage of participating properties2 7,e7 estimates of the extent of ,,hud-assisted properties that are not conducting energy and water benchmarking2 7,f7 estimates of potential energy and ,federal cost savings if various levels of efficiency were implemented in ,,hud-assisted properties2 7,g7 information identifying the typical costs of multifamily benchmarking and resources available to support multifamily owners and operators in benchmarking2 and 7,h7 information relevant to the impact of multifamily benchmarking1 including published research studies4 7#b7 ,public availability ,the ,secretary shall make the report publicly available on the website of ,,hud4 7c7 ,provision of existing benchmarking data 7#a7 ,policies ,not later than the expiration of the #f-month period beginning on the date of the enactment of this ,act1 the ,secretary shall issue such regulations as may be necessary to ensure that owners of benchmarked ,,hud-assisted properties provide to the ,secretary-selected ,,energy ,,star ,portfolio ,manager data for the property4 ,in developing such regulations1 the ,secretary shall-- 7,a7 provide for data to be released in a manner that protects information that identifies particular properties1 but retains essential geographical and building characteristics to enable aggregate analysis2 7,b7 require data sharing not less often than every three years2 7,c7 identifies the minimum data to be shared2 and 7,d7 develop mechanisms to streamline data requests and sharing in collaboration with the ,environmental ,protection ,agency ,,energy ,,star program4 7#b7 ,analysis ,not later than the expiration of the #b-year period beginning on the date of the enactment of this ,act and annually thereafter1 the ,secretary shall conduct an analysis of the data received under this subsection and shall make the findings publicly available on the website of ,,hud4 7d7 ,energy use targets by climate zone 7#a7 ,in general ,not later than the expiration of the #a-year period beginning on the date of the enactment of this ,act1 the ,secretary shall-- 7,a7 compile energy consumption and bill data from multifamily properties that is provided to ,,hud in connection with utility allowance determination and capital needs assessment activities2 7,b7 analyze the data in order to better understand energy consumption patterns and trends throughout the portfolio of properties represented1 including relevant subcategory types of multifamily properties2 7,c7 using the data from subparagraphs 7,a7 and 7,b71 develop energy intensity statistics for each climate zone and multifamily subcategory2 and 7,d7 using the data from subparagraphs 7,a7 and 7,b71 develop energy intensity targets for each climate zone and multifamily subcategory reflecting energy efficiency performance of at least #be percent below the baseline and related to ,,energy ,,star performance scores for each respective climate zone and multifamily subcategory4 7#b7 ,public availability ,the ,secretary shall make the analysis and energy intensity targets publicly available on the website of ,,hud4 7e7 ,multifamily utility benchmarking toolkit ,the ,secretary shall maintain and update1 from time to time1 the ,multifamily ,utility ,benchmarking ,toolkit4 7f7 ,stakeholder engagement ,in carrying out this section1 the ,secretary shall-- 7#a7 engage with stakeholders regarding multifamily sustainability1 including providing education and opportunities for robust stakeholder input2 and 7#b7 conduct targeted outreach to representatives of public housing agencies1 housing and tenant advocates1 multifamily property owners and managers1 energy efficiency organizations1 ,state and local governments1 multifamily finance entities1 and other interested groups4 #aj4 ,workforce development ,subtitle ,d of title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbba et seq47 is amended by adding at the end the following3 #agc4 ,grants for registered apprenticeship programs in certain industries 7a7 ,in general ,the ,secretary shall provide grants to workforce development boards1 labor organizations1 nonprofit organizations1 and businesses for the purpose of establishing training and registered apprenticeship programs with respect to the following industries3 7#a7 ,energy-efficient building1 construction1 and retrofit industries4 7#b7 ,deconstruction and materials use industries4 7#c7 ,energy efficiency assessment industry serving residential1 commercial1 or industrial sectors4 7#d7 ,manufacturers that produce sustainable processes and materials4 7#e7 ,building maintenance and management4 7b7 ,requirements ,the ,secretary shall require a recipient of a grant under this section1 as a condition of receipt of such grant-- 7#a7 to advertise opportunities available as a result of such grant-- 7,a7 on a publicly available website2 and 7,b7 to dislocated workers2 7#b7 to coordinate such program with related efforts of-- 7,a7 local governments and subdivisions thereof2 and 7,b7 labor1 industry1 and environmental advocacy groups2 7#c7 on an annual basis1 to submit to the ,secretary a report with respect to the area served by the recipient on-- 7,a7 the availability of employment opportunities in the relevant field2 7,b7 the risk of an increase in unemployment in such field2 and 7,c7 other employment trends in such field4 7c7 ,eligible use of funds ,a recipient of a grant under this section may use such funds to cover the costs associated with an employee participating in a ,registered ,apprenticeship ,program1 including wages of1 or stipends for1 employees for the duration of the ,registered ,apprenticeship ,program4 7d7 ,report ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report on the effects of grants issued under this section1 including a description of-- 7#a7 the number of individuals who are employed upon completion of a registered apprenticeship program funded under this section2 7#b7 a description of the wages1 benefits1 and quality of employment that such individuals receive upon completion of such program2 7#c7 a description of the demographics of individuals who receive such employment2 and 7#d7 the retention rate of individuals who are employed upon completion of a registered apprenticeship program funded under this section4 7e7 ,authorization ,there is authorized to be appropriated to carry out this section #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 #aa4 ,ensuring availability of homeowners insurance for homes not connected to electricity grid 7a7 ,congressional intent ,the ,congress intends that-- 7#a7 consumers shall not be denied homeowners insurance for a dwelling 7as such term is defined in subsection 7c77 based solely on the fact that the dwelling is not connected to or able to receive electricity service from any wholesale or retail electric power provider2 7#b7 ,states should ensure that consumers are able to obtain homeowners insurance for such dwellings2 7#c7 ,states should support insurers that develop voluntary incentives to provide such insurance2 and 7#d7 ,states may not prohibit insurers from offering a homeowners insurance product specifically designed for such dwellings4 7b7 ,insuring homes and related property in ,indian areas ,notwithstanding any other provision of law1 dwellings located in ,indian areas 7as such term is defined in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc77 and constructed or maintained using assistance1 loan guarantees1 or other authority under the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif may be insured by any tribally owned self-insurance risk pool approved by the ,secretary of ,housing and ,urban ,development4 7c7 ,dwelling defined ,for purposes of this section1 the term dwelling means a residential structure that-- 7#a7 consists of one to four dwelling units2 7#b7 is provided electricity from renewable energy sources2 and 7#c7 is not connected to any wholesale or retail electrical power grid4 #ab4 ,definitions ,for purposes of this ,act1 the following definitions shall apply3 7#a7 ,green building standards ,the term green building standards means standards to require use of sustainable design principles to reduce the use of nonrenewable resources1 encourage energy-efficient construction and rehabilitation and the use of renewable energy resources1 minimize the impact of development on the environment1 and improve indoor air quality4 7#b7 ,,hud ,the term ,,hud means the ,department of ,housing and ,urban ,development4 7#c7 ,,hud assistance ,the term ,,hud assistance means financial assistance that is awarded1 competitively or noncompetitively1 allocated by formula1 or provided by ,,hud through loan insurance or guarantee4 7#d7 ,nonresidential structure ,the term nonresidential structures means only nonresidential structures that are appurtenant to single-family or multifamily housing residential structures1 or those that are funded by the ,secretary of ,housing and ,urban ,development through the ,,hud ,community ,development ,block ,grant program4 7#e7 ,secretary ,the term ,secretary1 unless otherwise specified1 means the ,secretary of ,housing and ,urban ,development4