S4460-118

4. Land use and planning Section 4 of the Department of Housing and Urban Development Act (42 U.S.C. 3533) is amended by adding at the end the following: In this subsection: The term affordable housing means housing for which the monthly payment is less than 30 percent of the monthly income of a household. The term local zoning framework means the local zoning codes and other ordinances, procedures, and policies governing zoning and land-use at the local level. 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 programs. The term unit of general local government— has the meaning given the term in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302); and includes regional planning entities. The Secretary, acting through the Assistant Secretary, shall— provide technical assistance upon request to States and localities on zoning and planning to— eliminate discriminatory land use policies and reduce barriers to housing construction, including construction of housing attainable for low-income and moderate-income renters and homeowners; and promote sustainable and resilient land development; work across the Department and with the Department of the Treasury, the Department of Justice, the Department of Transportation, the Department of Agriculture, the Department of Health and Human Services, the Environmental Protection Agency, the Department of Energy, the Department of the Interior, and the Council on Environmental Quality to— coordinate efforts relating to or impacting housing development; and as relevant, streamline permitting, including by aligning the implementing procedures of those agencies under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to promote housing production and transit-oriented development; conduct, support, and disseminate research on local zoning and planning measures to improve access to affordable housing and increase housing supply across a range of urban, suburban, exurban, and rural communities, including by establishing a research program to perform research, collect data, and evaluate— best practices in zoning and planning to expand opportunities for housing affordability and fair housing across a range of housing types, sizes, and affordability; the effects of land-use reform measures on— neighborhood, jurisdictional, and regional housing conditions; residential stability; and access to affordable housing at all incomes levels; methods of community engagement to improve the public engagement process to reform land-use planning and regulatory practices; systems and standards for data collection; and other topics related to zoning and planning as determined by the Secretary; and develop the necessary expertise and capacity within the Office to carry out this paragraph; and not preempt local zoning. Not later than 3 years after the date of enactment of this subsection, 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 communities. During the 1-year period beginning on the date of enactment of this subsection, in developing the guidelines and best practices required under subparagraph (A), the Assistant Secretary shall— publish draft guidelines in the Federal Register for public comment; and establish a task force for the purpose of providing consultation with the Department of the draft guidelines published under clause (i), the members of which shall include— planners and architects; advocates with experience in affordable housing, community development efforts, and fair housing; housing developers, including affordable and market-rate housing developers, manufactured housing developers, and other business interests; community engagement experts and community members impacted by zoning decisions; public housing authorities and transit authorities; members of local zoning and planning boards and local and regional transportation planning organizations; State officials responsible for housing or land use, including members of State zoning boards of appeals; and academic researchers. The guidelines and best practices required under subparagraph (A) shall— outline potential models for updated State enabling legislation or State agency and department procedures; include recommendations regarding— the reduction or elimination of parking minimums; the increase in maximum floor area ratio requirements and maximum building heights and the reduction in minimum lot size and setback requirements; the elimination of restrictions against accessory dwelling units; increasing by-right uses, including duplex, triplex, or quadplex buildings, across cities or metropolitan areas, including mechanisms, such as proximity to transit, to determine the jurisdictional level for rezoning and ensures development that does not disproportionately burden residents of economically distressed areas; provisions regarding review of by-right development proposals to streamline review and reduce uncertainty, including non-discretionary, ministerial review; the reduction of obstacles to a range of housing types at all levels of affordability, including manufactured and modular housing; State model codes for directing local reforms, including mechanisms to encourage adoption; provisions to encourage transit-oriented development, including but not limited to, increased permissible units per structure and reduced minimum lot sizes near existing or planned public transit stations; improvements to the public engagement processes, including— meaningful access for limited English proficient persons and effective communication improvements for persons with disabilities; leveraging of virtual meeting technologies; and proactive outreach in communities; the elimination of or reforms to protest petition statutes; the standardization, reduction, or elimination of impact fees; the standardization of building codes; models for community benefit agreements; mechanisms to preserve affordability, limit disruption of low-income communities, and prevent displacement of existing residents; a model for a State zoning appeals process, which would— create a process for developers or builders requesting a variance, conditional use, 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 State; establish qualifications for communities to be exempted from the appeals process based on their available stock of affordable housing; and 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 capacity; best practices on the disposition of land owned by State governments for affordable housing development; and other land use measures that promote access to new housing opportunities identified by the Secretary; and consider— local housing needs, including ways to set and measure housing goals and targets; a range of affordability for rental units, with a prioritization of units attainable to extremely low-income, low-income, and moderate-income residents; a range of affordability for homeownership units attainable to low-income and moderate-income residents; distinctions between States providing constitutional or statutory home rule authority to municipalities and States operating under the Dillon rule, as articulated in Hunter v. Pittsburgh, 207 U.S. 161 (1907); accountability measures; the long-term cost to residents and businesses if more housing is not constructed; barriers to individuals seeking to access affordable housing in growing communities and communities with economic opportunity; consistency with respect to fair housing and civil rights requirements; coordination between infrastructure investments and housing planning; statewide mechanisms to preserve existing affordability over the long term, including support for land banks and community land trusts; guidance to States on collecting and maintaining proactive data on the current rental housing market and rental registries; and other considerations, as identified by the Secretary. Not later than 180 days after the date on which the Assistant Secretary receives a request from a State for technical assistance, the Assistant Secretary may provide technical assistance to States that seek to adopt a State zoning framework that incorporates, in whole or in part, the guidelines and best practices described in paragraph (4). In adopting a State zoning framework under subparagraph (A), the Assistant Secretary shall not provide technical assistance to include measures the net effect of which would promote exclusionary zoning practices, restrict net production, or otherwise increase barriers to housing construction. Not later than 3 years after the date of enactment of this subsection, the Assistant Secretary shall publish best practices for local zoning frameworks using the same public comment and consultation process described in paragraph (3)(B) with respect to State zoning frameworks. The best practices required under subparagraph (A) shall— include recommendations regarding— the simplification and standardization of existing zoning codes; the reduction or elimination of parking minimums; the increase in maximum floor area ratio requirements and maximum building heights and the reduction in minimum lot size and setback requirements; the elimination of restrictions against accessory dwelling units; increasing by-right uses, including duplex, triplex, or quadplex buildings; the reduction of obstacles to a range of housing types, including manufactured and modular housing; provisions to encourage transit-oriented development, including increased permissible units per structure and reduced minimum lot sizes near existing or planned public transit stations; improvements to the public engagement processes, including— meaningful access for limited English proficient persons and effective communication improvements for persons with disabilities; leveraging of virtual meeting technologies; and proactive outreach in communities; provisions regarding review of by-right development proposals to streamline review and reduce uncertainty, including non-discretionary, ministerial review; recommendations regarding maximum review timelines; models for standardized community benefit agreements; best practices on the disposition of land owned by local governments and transit authorities for affordable housing development; mechanisms and incentives to preserve affordability, limit disruption of low-income communities, and prevent or reduce displacement of existing residents; other regulatory reforms to increase housing construction and reduce housing costs; and other land use measures that promote access to new housing opportunities identified by the Secretary; and consider— local housing needs; a range of affordability for rental units, with a prioritization of units attainable to extremely low-income, low-income, and moderate-income residents; a range of affordability for homeownership units attainable to low- and moderate-income residents; the long-term cost to residents and businesses if more housing is not constructed; barriers to accessing affordable housing in growing communities and communities with economic opportunities; and other policies or methods, as identified by the Secretary. Not later than 180 days after the date on which the Assistant Secretary receives a request for technical assistance from a local government or regional planning entity, the Assistant Secretary may provide technical assistance to those entities seeking to rehaul, reform, or otherwise update local zoning frameworks in line with the guidelines described in paragraph (3), including assisting in hosting community engagement sessions. In adopting a local zoning framework in accordance with guidance issued under subparagraph (A), 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 practices, restrict net production, or otherwise increase barriers to housing construction. Not later than 2 years after the date on which the Assistant Secretary publishes the guidelines and best practices described in paragraphs (3) and (5), the Assistant Secretary shall submit to Congress a report describing— the States that have adopted a version of the guidelines and best practices, including those that developed and adopted a State zoning framework; the localities that have adopted a version of the guidelines; a summary of the modifications that each such State made in their State zoning framework; and a general summary of the types of updates localities have made to their local zoning framework. There are authorized to be appropriated $10,000,000 to carry out the technical assistance in paragraphs (4)(A) and (5)(C), and $10,000,000 to carry out this section, for each of fiscal years 2025 through 2029. The Regulatory Barriers Clearinghouse established pursuant to section 1205 of the Housing and Community Development Act of 1992 (42 U.S.C. 12705d) is abolished. Section 1205 of the Housing and Community Development Act of 1992 (42 U.S.C. 12705d) is repealed. (i)Land use and Planning(1)DefinitionsIn this subsection:(A)Affordable housingThe term affordable housing means housing for which the monthly payment is less than 30 percent of the monthly income of a household.(B)Local zoning frameworkThe term local zoning framework means the local zoning codes and other ordinances, procedures, and policies governing zoning and land-use at the local level.(C)State zoning frameworkThe 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 programs.(D)Unit of general local governmentThe term unit of general local government—(i)has the meaning given the term in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302); and(ii)includes regional planning entities.(2)Land use and planningThe Secretary, acting through the Assistant Secretary, shall—(A)provide technical assistance upon request to States and localities on zoning and planning to—(i)eliminate discriminatory land use policies and reduce barriers to housing construction, including construction of housing attainable for low-income and moderate-income renters and homeowners; and(ii)promote sustainable and resilient land development;(B)work across the Department and with the Department of the Treasury, the Department of Justice, the Department of Transportation, the Department of Agriculture, the Department of Health and Human Services, the Environmental Protection Agency, the Department of Energy, the Department of the Interior, and the Council on Environmental Quality to—(i)coordinate efforts relating to or impacting housing development; and(ii)as relevant, streamline permitting, including by aligning the implementing procedures of those agencies under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to promote housing production and transit-oriented development;(C)conduct, support, and disseminate research on local zoning and planning measures to improve access to affordable housing and increase housing supply across a range of urban, suburban, exurban, and rural communities, including by establishing a research program to perform research, collect data, and evaluate—(i)best practices in zoning and planning to expand opportunities for housing affordability and fair housing across a range of housing types, sizes, and affordability;(ii)the effects of land-use reform measures on—(I)neighborhood, jurisdictional, and regional housing conditions;(II)residential stability; and(III)access to affordable housing at all incomes levels;(iii)methods of community engagement to improve the public engagement process to reform land-use planning and regulatory practices;(iv)systems and standards for data collection; and(v)other topics related to zoning and planning as determined by the Secretary; and(D)develop the necessary expertise and capacity within the Office to carry out this paragraph; and(E)not preempt local zoning. (3)Guidelines on State zoning frameworks(A)EstablishmentNot later than 3 years after the date of enactment of this subsection, 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 communities.(B)Consultation; public commentDuring the 1-year period beginning on the date of enactment of this subsection, in developing the guidelines and best practices required under subparagraph (A), the Assistant Secretary shall—(i)publish draft guidelines in the Federal Register for public comment; and(ii)establish a task force for the purpose of providing consultation with the Department of the draft guidelines published under clause (i), the members of which shall include—(I)planners and architects;(II)advocates with experience in affordable housing, community development efforts, and fair housing;(III)housing developers, including affordable and market-rate housing developers, manufactured housing developers, and other business interests;(IV)community engagement experts and community members impacted by zoning decisions;(V)public housing authorities and transit authorities;(VI)members of local zoning and planning boards and local and regional transportation planning organizations;(VII)State officials responsible for housing or land use, including members of State zoning boards of appeals; and(VIII)academic researchers. (C)ContentsThe guidelines and best practices required under subparagraph (A) shall—(i)outline potential models for updated State enabling legislation or State agency and department procedures;(ii)include recommendations regarding—(I)the reduction or elimination of parking minimums;(II)the increase in maximum floor area ratio requirements and maximum building heights and the reduction in minimum lot size and setback requirements;(III)the elimination of restrictions against accessory dwelling units;(IV)increasing by-right uses, including duplex, triplex, or quadplex buildings, across cities or metropolitan areas, including mechanisms, such as proximity to transit, to determine the jurisdictional level for rezoning and ensures development that does not disproportionately burden residents of economically distressed areas;(V)provisions regarding review of by-right development proposals to streamline review and reduce uncertainty, including non-discretionary, ministerial review;(VI)the reduction of obstacles to a range of housing types at all levels of affordability, including manufactured and modular housing;(VII)State model codes for directing local reforms, including mechanisms to encourage adoption;(VIII)provisions to encourage transit-oriented development, including but not limited to, increased permissible units per structure and reduced minimum lot sizes near existing or planned public transit stations;(IX)improvements to the public engagement processes, including—(aa)meaningful access for limited English proficient persons and effective communication improvements for persons with disabilities;(bb)leveraging of virtual meeting technologies; and(cc)proactive outreach in communities;(X)the elimination of or reforms to protest petition statutes;(XI)the standardization, reduction, or elimination of impact fees;(XII)the standardization of building codes;(XIII)models for community benefit agreements; (XIV)mechanisms to preserve affordability, limit disruption of low-income communities, and prevent displacement of existing residents;(XV)a model for a State zoning appeals process, which would—(aa)create a process for developers or builders requesting a variance, conditional use, 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 State;(bb)establish qualifications for communities to be exempted from the appeals process based on their available stock of affordable housing; and(cc)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 capacity;(XVI)best practices on the disposition of land owned by State governments for affordable housing development; and(XVII)other land use measures that promote access to new housing opportunities identified by the Secretary; and(iii)consider—(I)local housing needs, including ways to set and measure housing goals and targets;(II)a range of affordability for rental units, with a prioritization of units attainable to extremely low-income, low-income, and moderate-income residents;(III)a range of affordability for homeownership units attainable to low-income and moderate-income residents;(IV)distinctions between States providing constitutional or statutory home rule authority to municipalities and States operating under the Dillon rule, as articulated in Hunter v. Pittsburgh, 207 U.S. 161 (1907);(V)accountability measures; (VI)the long-term cost to residents and businesses if more housing is not constructed;(VII)barriers to individuals seeking to access affordable housing in growing communities and communities with economic opportunity;(VIII)consistency with respect to fair housing and civil rights requirements;(IX)coordination between infrastructure investments and housing planning;(X)statewide mechanisms to preserve existing affordability over the long term, including support for land banks and community land trusts;(XI)guidance to States on collecting and maintaining proactive data on the current rental housing market and rental registries; and (XII)other considerations, as identified by the Secretary.(4)State zoning frameworks(A)In generalNot later than 180 days after the date on which the Assistant Secretary receives a request from a State for technical assistance, the Assistant Secretary may provide technical assistance to States that seek to adopt a State zoning framework that incorporates, in whole or in part, the guidelines and best practices described in paragraph (4).(B)GuidanceIn adopting a State zoning framework under subparagraph (A), the Assistant Secretary shall not provide technical assistance to include measures the net effect of which would promote exclusionary zoning practices, restrict net production, or otherwise increase barriers to housing construction. (5)Guidelines on local zoning frameworks(A)EstablishmentNot later than 3 years after the date of enactment of this subsection, the Assistant Secretary shall publish best practices for local zoning frameworks using the same public comment and consultation process described in paragraph (3)(B) with respect to State zoning frameworks.(B)ContentsThe best practices required under subparagraph (A) shall—(i)include recommendations regarding—(I)the simplification and standardization of existing zoning codes;(II)the reduction or elimination of parking minimums;(III)the increase in maximum floor area ratio requirements and maximum building heights and the reduction in minimum lot size and setback requirements;(IV)the elimination of restrictions against accessory dwelling units;(V)increasing by-right uses, including duplex, triplex, or quadplex buildings;(VI)the reduction of obstacles to a range of housing types, including manufactured and modular housing;(VII) provisions to encourage transit-oriented development, including increased permissible units per structure and reduced minimum lot sizes near existing or planned public transit stations;(VIII)improvements to the public engagement processes, including—(aa)meaningful access for limited English proficient persons and effective communication improvements for persons with disabilities;(bb)leveraging of virtual meeting technologies; and(cc)proactive outreach in communities; (IX)provisions regarding review of by-right development proposals to streamline review and reduce uncertainty, including non-discretionary, ministerial review;(X)recommendations regarding maximum review timelines;(XI)models for standardized community benefit agreements;(XII)best practices on the disposition of land owned by local governments and transit authorities for affordable housing development;(XIII)mechanisms and incentives to preserve affordability, limit disruption of low-income communities, and prevent or reduce displacement of existing residents; (XIV)other regulatory reforms to increase housing construction and reduce housing costs; and(XV)other land use measures that promote access to new housing opportunities identified by the Secretary; and(ii)consider—(I)local housing needs;(II)a range of affordability for rental units, with a prioritization of units attainable to extremely low-income, low-income, and moderate-income residents;(III)a range of affordability for homeownership units attainable to low- and moderate-income residents; (IV)the long-term cost to residents and businesses if more housing is not constructed;(V)barriers to accessing affordable housing in growing communities and communities with economic opportunities; and(VI)other policies or methods, as identified by the Secretary.(C)Technical assistanceNot later than 180 days after the date on which the Assistant Secretary receives a request for technical assistance from a local government or regional planning entity, the Assistant Secretary may provide technical assistance to those entities seeking to rehaul, reform, or otherwise update local zoning frameworks in line with the guidelines described in paragraph (3), including assisting in hosting community engagement sessions.(D)GuidanceIn adopting a local zoning framework in accordance with guidance issued under subparagraph (A), 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 practices, restrict net production, or otherwise increase barriers to housing construction.(6)ReportingNot later than 2 years after the date on which the Assistant Secretary publishes the guidelines and best practices described in paragraphs (3) and (5), the Assistant Secretary shall submit to Congress a report describing—(A)the States that have adopted a version of the guidelines and best practices, including those that developed and adopted a State zoning framework;(B)the localities that have adopted a version of the guidelines;(C)a summary of the modifications that each such State made in their State zoning framework; and(D)a general summary of the types of updates localities have made to their local zoning framework.(7)Authorization of appropriationsThere are authorized to be appropriated $10,000,000 to carry out the technical assistance in paragraphs (4)(A) and (5)(C), and $10,000,000 to carry out this section, for each of fiscal years 2025 through 2029..

6. National zoning mapping The Secretary shall establish a grant program under which the Secretary provides funding to academic institutions, research collaboratives, nonprofit organizations, or other entities to conduct zoning-district-level digitization of zoning codes. In awarding grants under this section, the Secretary shall prioritize projects that will— create a plan to maintain the database for such information; establish a portal for State entities and local governments to input zoning-related information; prioritize mapping areas whose zoning has not previously been digitized; coordinate with State or local government entities, provide a plan for long-term maintenance of the database, and establish a protocol for data sharing; and develop tools to test the impact of various zoning and land use regulation reforms on the overall supply of new housing. There are authorized to be appropriated to the Secretary to carry out this section $3,500,000 for fiscal years 2025 through 2027.