,,ii #aahth ,,congress #b;d ,session ,s4 #ddfj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #e1 #bjbd,mr4 ,fetterman introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to reduce regulatory barriers to housing1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,reducing ,regulatory ,barriers to ,housing ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,as of #bjba in the ,united ,states1 there was an estimated housing shortage of #c1hij1jjj homes4 ,this housing supply shortage has resulted in a record number of cost-burdened households across regions and spanning the large and small cities1 towns1 and coastal and rural communities of the ,united ,states4 7#b7 ,several factors contribute to the undersupply of housing in the ,united ,states1 particularly workforce housing1 including rising costs of construction1 a shortage of labor1 supply chain disruptions1 and a lack of reliable funding sources4 7#c7 ,regulatory barriers at the ,state and local levels1 such as zoning and land use regulations1 also inhibit the creation of new housing to meet local and regional housing needs4 7#d7 ,state and local governments are proactively exploring solutions for reforming regulatory barriers1 but additional resources1 data1 and models are needed to adequately address these challenges4 7#e7 ,while land use regulation is the responsibility of ,state and local governments1 ,federal support for necessary reforms is not a preemption of existing authority1 and there is a need for the ,federal ,government to provide support and assistance to ,state and local governments that wish to undertake necessary reforms in a manner that fits their communities' needs4 7#f7 ,it is the policy of the ,united ,states to provide for fair housing throughout the country1 and it is in the regional and national interest to have a supply of housing that is fair1 affordable1 adequate1 and near opportunity4 7#g7 ,therefore1 zoning ordinances or systems of land use regulation that have the intent or effect of restricting housing opportunities based on economic status or income without interests that are substantial1 legitimate1 nondiscriminatory and that outweigh the regional need for housing are contrary to the regional and national interest4 #c4 ,definitions ,in this ,act3 7#a7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary for ,policy ,development and ,research of the ,department of ,housing and ,urban ,development4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 #d4 ,land use and planning 7a7 ,in general ,section #d of the ,department of ,housing and ,urban ,development ,act 7#db ,u4,s4,c4 #cecc7 is amended by adding at the end the following3 7i7 ,land use and ,planning 7#a7 ,definitions ,in this subsection3 7,a7 ,affordable housing ,the term affordable housing means housing for which the monthly payment is less than #cj percent of the monthly income of a household4 7,b7 ,local zoning framework ,the term local zoning framework means the local zoning codes and other ordinances1 procedures1 and policies governing zoning and land-use at the local level4 7,c7 ,state zoning framework ,the term ,state zoning framework means the ,state legislation or ,state agency and department procedures enabling local planning and zoning authorities and establishing and guiding related policies and programs4 7,d7 ,unit of general local government ,the term unit of general local government-- 7i7 has the meaning given the term in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb72 and 7ii7 includes regional planning entities4 7#b7 ,land use and planning ,the ,secretary1 acting through the ,assistant ,secretary1 shall-- 7,a7 provide technical assistance upon request to ,states and localities on zoning and planning to-- 7i7 eliminate discriminatory land use policies and reduce barriers to housing construction1 including construction of housing attainable for low-income and moderate-income renters and homeowners2 and 7ii7 promote sustainable and resilient land development2 7,b7 work across the ,department and with the ,department of the ,treasury1 the ,department of ,justice1 the ,department of ,transportation1 the ,department of ,agriculture1 the ,department of ,health and ,human ,services1 the ,environmental ,protection ,agency1 the ,department of ,energy1 the ,department of the ,interior1 and the ,council on ,environmental ,quality to-- 7i7 coordinate efforts relating to or impacting housing development2 and 7ii7 as relevant1 streamline permitting1 including by aligning the implementing procedures of those agencies under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 to promote housing production and transit-oriented development2 7,c7 conduct1 support1 and disseminate research on local zoning and planning measures to improve access to affordable housing and increase housing supply across a range of urban1 suburban1 exurban1 and rural communities1 including by establishing a research program to perform research1 collect data1 and evaluate-- 7i7 best practices in zoning and planning to expand opportunities for housing affordability and fair housing across a range of housing types1 sizes1 and affordability2 7ii7 the effects of land-use reform measures on-- 7,i7 neighborhood1 jurisdictional1 and regional housing conditions2 7,,ii7 residential stability2 and 7,,iii7 access to affordable housing at all incomes levels2 7iii7 methods of community engagement to improve the public engagement process to reform land-use planning and regulatory practices2 7iv7 systems and standards for data collection2 and 7v7 other topics related to zoning and planning as determined by the ,secretary2 and 7,d7 develop the necessary expertise and capacity within the ,office to carry out this paragraph2 and 7,e7 not preempt local zoning4 7#c7 ,guidelines on ,state zoning frameworks 7,a7 ,establishment ,not later than #c years after the date of enactment of this subsection1 the ,assistant ,secretary shall publish a document outlining guidelines and best practices for ,state zoning frameworks to support production of adequate housing to meet the needs of communities and provide housing opportunities for individuals at every income level across communities4 7,b7 ,consultation2 public comment ,during the #a-year period beginning on the date of enactment of this subsection1 in developing the guidelines and best practices required under subparagraph 7,a71 the ,assistant ,secretary shall-- 7i7 publish draft guidelines in the ,federal ,register for public comment2 and 7ii7 establish a task force for the purpose of providing consultation with the ,department of the draft guidelines published under clause 7i71 the members of which shall include-- 7,i7 planners and architects2 7,,ii7 advocates with experience in affordable housing1 community development efforts1 and fair housing2 7,,iii7 housing developers1 including affordable and market-rate housing developers1 manufactured housing developers1 and other business interests2 7,,iv7 community engagement experts and community members impacted by zoning decisions2 7,v7 public housing authorities and transit authorities2 7,,vi7 members of local zoning and planning boards and local and regional transportation planning organizations2 7,,vii7 ,state officials responsible for housing or land use1 including members of ,state zoning boards of appeals2 and 7,,viii7 academic researchers4 7,c7 ,contents ,the guidelines and best practices required under subparagraph 7,a7 shall-- 7i7 outline potential models for updated ,state enabling legislation or ,state agency and department procedures2 7ii7 include recommendations regarding-- 7,i7 the reduction or elimination of parking minimums2 7,,ii7 the increase in maximum floor area ratio requirements and maximum building heights and the reduction in minimum lot size and setback requirements2 7,,iii7 the elimination of restrictions against accessory dwelling units2 7,,iv7 increasing by-right uses1 including duplex1 triplex1 or quadplex buildings1 across cities or metropolitan areas1 including mechanisms1 such as proximity to transit1 to determine the jurisdictional level for rezoning and ensures development that does not disproportionately burden residents of economically distressed areas2 7,v7 provisions regarding review of by-right development proposals to streamline review and reduce uncertainty1 including non-discretionary1 ministerial review2 7,,vi7 the reduction of obstacles to a range of housing types at all levels of affordability1 including manufactured and modular housing2 7,,vii7 ,state model codes for directing local reforms1 including mechanisms to encourage adoption2 7,,viii7 provisions to encourage transit-oriented development1 including but not limited to1 increased permissible units per structure and reduced minimum lot sizes near existing or planned public transit stations2 7,,ix7 improvements to the public engagement processes1 including-- 7aa7 meaningful access for limited ,english proficient persons and effective communication improvements for persons with disabilities2 7bb7 leveraging of virtual meeting technologies2 and 7cc7 proactive outreach in communities2 7,x7 the elimination of or reforms to protest petition statutes2 7,,xi7 the standardization1 reduction1 or elimination of impact fees2 7,,xii7 the standardization of building codes2 7,,xiii7 models for community benefit agreements2 7,,xiv7 mechanisms to preserve affordability1 limit disruption of low-income communities1 and prevent displacement of existing residents2 7,,xv7 a model for a ,state zoning appeals process1 which would-- 7aa7 create a process for developers or builders requesting a variance1 conditional use1 or zoning district change or otherwise petitioning a local zoning or planning board for a project including a ,state-defined amount of affordable housing to appeal a rejection to a ,state body or regional body empowered by the ,state2 7bb7 establish qualifications for communities to be exempted from the appeals process based on their available stock of affordable housing2 and 7cc7 establish a ,state zoning appeals board to consider appeals to a variance rejection and objectively evaluate petitions based on the potential for environmental damage and infrastructural capacity2 7,,xvi7 best practices on the disposition of land owned by ,state governments for affordable housing development2 and 7,,xvii7 other land use measures that promote access to new housing opportunities identified by the ,secretary2 and 7iii7 consider-- 7,i7 local housing needs1 including ways to set and measure housing goals and targets2 7,,ii7 a range of affordability for rental units1 with a prioritization of units attainable to extremely low-income1 low-income1 and moderate-income residents2 7,,iii7 a range of affordability for homeownership units attainable to low-income and moderate-income residents2 7,,iv7 distinctions between ,states providing constitutional or statutory home rule authority to municipalities and ,states operating under the ,dillon rule1 as articulated in ,hunter v4 ,pittsburgh1 #bjg ,u4,s4 #afa 7#aijg72 7,v7 accountability measures2 7,,vi7 the long-term cost to residents and businesses if more housing is not constructed2 7,,vii7 barriers to individuals seeking to access affordable housing in growing communities and communities with economic opportunity2 7,,viii7 consistency with respect to fair housing and civil rights requirements2 7,,ix7 coordination between infrastructure investments and housing planning2 7,x7 statewide mechanisms to preserve existing affordability over the long term1 including support for land banks and community land trusts2 7,,xi7 guidance to ,states on collecting and maintaining proactive data on the current rental housing market and rental registries2 and 7,,xii7 other considerations1 as identified by the ,secretary4 7#d7 ,state zoning frameworks 7,a7 ,in general ,not later than #ahj days after the date on which the ,assistant ,secretary receives a request from a ,state for technical assistance1 the ,assistant ,secretary may provide technical assistance to ,states that seek to adopt a ,state zoning framework that incorporates1 in whole or in part1 the guidelines and best practices described in paragraph 7#d74 7,b7 ,guidance ,in adopting a ,state zoning framework under subparagraph 7,a71 the ,assistant ,secretary shall not provide technical assistance to include measures the net effect of which would promote exclusionary zoning practices1 restrict net production1 or otherwise increase barriers to housing construction4 7#e7 ,guidelines on local zoning frameworks 7,a7 ,establishment ,not later than #c years after the date of enactment of this subsection1 the ,assistant ,secretary shall publish best practices for local zoning frameworks using the same public comment and consultation process described in paragraph 7#c77;,b7 with respect to ,state zoning frameworks4 7,b7 ,contents ,the best practices required under subparagraph 7,a7 shall-- 7i7 include recommendations regarding-- 7,i7 the simplification and standardization of existing zoning codes2 7,,ii7 the reduction or elimination of parking minimums2 7,,iii7 the increase in maximum floor area ratio requirements and maximum building heights and the reduction in minimum lot size and setback requirements2 7,,iv7 the elimination of restrictions against accessory dwelling units2 7,v7 increasing by-right uses1 including duplex1 triplex1 or quadplex buildings2 7,,vi7 the reduction of obstacles to a range of housing types1 including manufactured and modular housing2 7,,vii7 provisions to encourage transit-oriented development1 including increased permissible units per structure and reduced minimum lot sizes near existing or planned public transit stations2 7,,viii7 improvements to the public engagement processes1 including-- 7aa7 meaningful access for limited ,english proficient persons and effective communication improvements for persons with disabilities2 7bb7 leveraging of virtual meeting technologies2 and 7cc7 proactive outreach in communities2 7,,ix7 provisions regarding review of by-right development proposals to streamline review and reduce uncertainty1 including non-discretionary1 ministerial review2 7,x7 recommendations regarding maximum review timelines2 7,,xi7 models for standardized community benefit agreements2 7,,xii7 best practices on the disposition of land owned by local governments and transit authorities for affordable housing development2 7,,xiii7 mechanisms and incentives to preserve affordability1 limit disruption of low-income communities1 and prevent or reduce displacement of existing residents2 7,,xiv7 other regulatory reforms to increase housing construction and reduce housing costs2 and 7,,xv7 other land use measures that promote access to new housing opportunities identified by the ,secretary2 and 7ii7 consider-- 7,i7 local housing needs2 7,,ii7 a range of affordability for rental units1 with a prioritization of units attainable to extremely low-income1 low-income1 and moderate-income residents2 7,,iii7 a range of affordability for homeownership units attainable to low- and moderate-income residents2 7,,iv7 the long-term cost to residents and businesses if more housing is not constructed2 7,v7 barriers to accessing affordable housing in growing communities and communities with economic opportunities2 and 7,,vi7 other policies or methods1 as identified by the ,secretary4 7,c7 ,technical assistance ,not later than #ahj days after the date on which the ,assistant ,secretary receives a request for technical assistance from a local government or regional planning entity1 the ,assistant ,secretary may provide technical assistance to those entities seeking to rehaul1 reform1 or otherwise update local zoning frameworks in line with the guidelines described in paragraph 7#c71 including assisting in hosting community engagement sessions4 7,d7 ,guidance ,in adopting a local zoning framework in accordance with guidance issued under subparagraph 7,a71 the ,assistant ,secretary shall not provide technical assistance to a local government or a regional planning entity to include measures the net effect of which would promote exclusionary zoning practices1 restrict net production1 or otherwise increase barriers to housing construction4 7#f7 ,reporting ,not later than #b years after the date on which the ,assistant ,secretary publishes the guidelines and best practices described in paragraphs 7#c7 and 7#e71 the ,assistant ,secretary shall submit to ,congress a report describing-- 7,a7 the ,states that have adopted a version of the guidelines and best practices1 including those that developed and adopted a ,state zoning framework2 7,b7 the localities that have adopted a version of the guidelines2 7,c7 a summary of the modifications that each such ,state made in their ,state zoning framework2 and 7,d7 a general summary of the types of updates localities have made to their local zoning framework4 7#g7 ,authorization of appropriations ,there are authorized to be appropriated #aj1jjj1jjj to carry out the technical assistance in paragraphs 7#d77;,a7 and 7#e77;,c71 and #aj1jjj1jjj to carry out this section1 for each of fiscal years #bjbe through #bjbi4 4 7b7 ,abolishment of ,regulatory ,barriers ,clearinghouse 7#a7 ,in general ,the ,regulatory ,barriers ,clearinghouse established pursuant to section #abje of the ,housing and ,community ,development ,act of #aiib 7#db ,u4,s4,c4 #abgje;d7 is abolished4 7#b7 ,repeal ,section #abje of the ,housing and ,community ,development ,act of #aiib 7#db ,u4,s4,c4 #abgje;d7 is repealed4 #e4 ,qualified allocation plans ,the selection criteria under a qualified allocation plan under section #db of the ,internal ,revenue ,code of #aihf7 shall not include consideration of-- 7#a7 any opposition with respect to the project from local or elected officials2 or 7#b7 any local government contribution to the project1 except to the extent such contribution is taken into account as part of a broader consideration of the project's ability to leverage outside funding sources1 and is not prioritized over any other source of outside funding4 #f4 ,national zoning mapping 7a7 ,in general ,the ,secretary shall establish a grant program under which the ,secretary provides funding to academic institutions1 research collaboratives1 nonprofit organizations1 or other entities to conduct zoning-district-level digitization of zoning codes4 7b7 ,priority ,in awarding grants under this section1 the ,secretary shall prioritize projects that will-- 7#a7 create a plan to maintain the database for such information2 7#b7 establish a portal for ,state entities and local governments to input zoning-related information2 7#c7 prioritize mapping areas whose zoning has not previously been digitized2 7#d7 coordinate with ,state or local government entities1 provide a plan for long-term maintenance of the database1 and establish a protocol for data sharing2 and 7#e7 develop tools to test the impact of various zoning and land use regulation reforms on the overall supply of new housing4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this section #c1ejj1jjj for fiscal years #bjbe through #bjbg4 #g4 ,grants for establishing pre-approved designs for affordable housing 7a7 ,definitions ,in this section3 7#a7 ,covered structure ,the term covered structure means-- 7,a7 a low-rise or mid-rise structure with between #b and #h dwelling units2 and 7,b7 includes-- 7i7 an accessory dwelling unit2 7ii7 a duplex2 7iii7 a triplex2 7iv7 a fourplex2 7v7 a cottage court2 7vi7 a courtyard building2 and 7vii7 any other structure the ,secretary considers appropriate4 7#b7 ,eligible entity ,the term eligible entity means a unit of general local government4 7b7 ,authority ,the ,secretary may award grants to eligible entities to establish and implement designs for use of covered structures in the jurisdiction of the eligible entity that the eligible entity preapproves as affordable housing4 7c7 ,set-,aside for smaller or rural areas ,of the amount made available in each fiscal year for grants under this section1 the ,secretary shall ensure that not less than #aj percent shall be used for grants to eligible entities that are smaller eligible entities or are located in rural areas4 7d7 ,reports ,the ,secretary shall require eligible entities receiving grants under this section to report on-- 7#a7 the impacts of the activities carried out using such grant amounts in improving the production and supply of affordable housing2 7#b7 the pre-approved designs established and implemented using such grant amounts in their communities2 and 7#c7 the impact of the activities funded with grant amounts4 7e7 ,availability of information ,the ,secretary shall-- 7#a7 make publicly available information on the pre-approved designs submitted by eligible entities receiving grants under this section1 including information on the benefits of use of such designs2 and 7#b7 collect1 identify1 and disseminate best practices regarding such designs to interested localities and parties4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this section #aj1jjj1jjj for fiscal years #bjbe through #bjbg4