More Federal Employees

EXECUTIVE DIRECTOR.— APPOINTMENT AND COMPENSATION.—The Council shall appoint an Executive Director, who shall be compensated at a rate not to exceed the rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. (NOTE: the best that I can determine, the salary range for the Executive Director will be from $120,000 - $180,000).

(ii) SENSE OF CONGRESS.—It is the sense of Congress that the Council should appoint an Executive Director not later than 90 days after the date of enactment of this Act. (NOTE: finding a high level Executive Director in 90 days seems too fast. Thus, the Executive Director has already been selected).

ADDITIONAL PERSONNEL.—With the approval of the Council, the Executive Director of the Council may appoint and fix the compensation of such additional personnel as the

Executive Director determines are necessary to carry out the duties of the Council.

COMPREHENSIVE PLANNING GRANT PROGRAM ESTABLISHED.

The Director shall establish a comprehensive planning grant program to make grants to eligible entities to carry out a project to—

(1) coordinate land use, housing, transportation, and infrastructure planning processes across jurisdictions and agencies;

(2) identify potential regional partnerships for developing and implementing a comprehensive regional plan;

(3) conduct or update housing, infrastructure, transportation, energy, and environmental assessments to determine regional needs and promote sustainable development;

(4) develop or update—

(A) a comprehensive regional plan; or

(B) goals and strategies to implement an existing comprehensive regional plan;

(5) implement local zoning and other code changes necessary to implement a comprehensive regional plan and promote sustainable development.

NOTE: using federal monies to change local zoning codes is the first step to further control how land is developed in the future.

OFFICE OF SUSTAINABLE HOUSING AND COMMUNITIES

The Livable Communities Act is legislation sponsored by Senator Dodd and others. The intent of this legislation is to have the federal government guide or influence how local communities are developed in the future. This seemingly innocent 63-page bill has far reaching ramifications in how land is developed in the future. To implement the legislation, government has to add people. Stated as follows:

There is established in the Department (HUD) an Office of Sustainable Housing and Communities, which shall—
(1) coordinate Federal policies and initiatives that foster livable communities, including
(A) encouraging sustainable development at the State, regional, and local levels;
(B) encouraging the development of comprehensive regional plans;
(C) fostering energy-efficient communities and housing;
(D) providing affordable, location-efficient housing choices for people of all ages, incomes, races, and ethnicities, particularly for low-, very low-, and extremely low-income families; and
(E) working with the Federal Transit Administration of the Department of Transportation to—
      (i) encourage transit-oriented development; and
      (ii) coordinate Federal housing, community development, and transportation policies;

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

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

(4) implement and oversee the grant programs established under this Act by—
(A) developing grant applications for each grant program;
(B) promulgating regulations relating to each grant program;
(C) selecting recipients of grants under each grant program;
(D) creating performance measures for recipients of grants under each grant program;
(E) developing technical assistance and other guidance to assist recipients of grants and potential applicants for grants under each grant program;
(F) monitoring and evaluating the performance of recipients of grants under each grant program; and
(G) carrying out such other activities relating to the administration of the grant programs under this Act as the Secretary determines are necessary;

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

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

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

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

GRANTS proposed in the Livable Communities Act

Metropolitan statistical area with a population of not more than 200,000, may not exceed $750,000.

Metropolitan statistical area with a population of more than 200,000 and less than 500,000 may not exceed $1,500,000.

Metropolitan statistical area with a population of 500,000 or more may not exceed $5,000,000.

FEDERAL SHARE.—The Federal share of the cost of a project carried out using a grant under the grant program may not exceed 80 percent.

SELECTION.—In evaluating an application for a grant under the grant program, the Director shall consider the extent to which the application—

(1) furthers the creation of livable communities;
(2) demonstrates the technical capacity of the eligible entity to carry out the project;
(3) demonstrates the extent to which the consortium has developed partnerships throughout an entire micropolitan or metropolitan statistical area, including, as appropriate, partnerships with the entities described in subsection (d)(2)(D);
(4) demonstrates a commitment to—
(A) sustainable development;
(B) location-efficient and transit-oriented development;
(C) developing new capacity for public transportation and increasing ridership on public transportation;
(D) providing affordable, energy-efficient, and location-efficient housing choices for families of all ages, incomes, races, and ethnicities;
(E) creating and preserving long-term affordable, energy-efficient, and location-efficient housing for low-, very low-, and extremely low income families;
(F) revitalizing communities, neighborhoods and commercial centers supported by existing infrastructure;
(G) monitoring and improving environmental quality, including air and water quality, energy use, greenhouse gas emissions, and the redevelopment of brownfields; and
(H) coordinating the provision of transportation services to elderly, disabled, and low-income populations;

ELIGIBLE ACTIVITIES.—An eligible entity that receives a grant under this section shall carry out a project that includes 1 or more of the following activities. There are 27 activities to choose from including:

Implementing land use, zoning, and other code reforms to promote location efficiency and sustainable development.

SUSTAINABILITY CHALLENGE GRANTS.—

AUTHORIZATION.—There are authorized to be appropriated to the Secretary for the award of grants under this section, $100,000,000 for each of fiscal years 2010 through 2013, to remain available until expended.

SUSTAINABILITY CHALLENGE GRANT PROGRAM

Metropolitan area with a population of not more than 200,000, may not exceed $15,000,000.

Metropolitan statistical area with a population of more than 200,000 and less than 500,000 may not exceed $35,000,000

Metropolitan area with a population of 500,000 may not exceed $100,000,000.

FEDERAL SHARE.—The Federal share of the cost of a project under this section may not exceed 80 percent.

Preference given for “Location-Efficient” Housing

The Livable Communities Act 2009 also includes a definition of “location-efficient” and a new “location affordability index”. I am sure the index will be used to compare homes by location and ultimately be used by local government in their approval of new housing projects.

This all may seem innocent and a worthy goal to combine energy, transportation and housing costs together but it is a way to control growth, manage the use of land, and govern where people will live in the future.

LOCATION-EFFICIENT.—the term ‘‘location-efficient’’ characterizes development, housing, or neighborhoods that integrate land use, mixed-use housing and commercial development, employment, and transportation—

(A) to enhance mobility;
(B) to encourage transit-oriented development;
(C) to encourage infill development and the use of existing infrastructure; and
(D) to reduce growth in vehicle miles traveled and the transportation costs and energy requirements associated with ownership or rental of a home.


REPORT ON HOUSING LOCATION AFFORDABILITY INDEX.—
The Director shall conduct a study on—

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

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

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

Energy Efficient & Location Efficient Mortgages!!

The Livable Communities Act of 2009 will create two new lending practices based on energy efficiency of a home and also on its LOCATION!



The Director shall conduct a study on—

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

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

(C) INCENTIVES FOR ENERGY-EFFICIENT MORTGAGES AND LOCATION-EFFICIENT MORTGAGES.—

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

‘‘Location-efficient mortgage’’ means a mortgage loan under which—

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

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

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

(i) fee reductions;

(ii) fee waivers;

(iii) interest rate reductions; and

(iv) adjustment of mortgage qualifications.

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

How does that work for you?

‘‘Livable Communities Act of 2009’’ - MORE Definitions

LOCATION-EFFICIENT.—The term ‘‘location-efficient’’ characterizes development, housing, or neighborhoods that integrate land use, mixed-use housing and commercial development, employment, and transportation—

(A) to enhance mobility;
(B) to encourage transit-oriented development;
(C) to encourage infill development and the use of existing infrastructure; and
(D) to reduce growth in vehicle miles traveled and the transportation costs and energy requirements associated with ownership or rental of a home.

AFFORDABLE HOUSING.—The term ‘‘affordable housing’’ means housing, the cost of which does not exceed 30 percent of the income of a family.

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

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

Purpose of the "Livable Communities" Act - As per Congress

The 63 page legislation sponsored by Senator Dodd and others outlined the purpose of the act. The intent of this legislation is to have the federal government guide or influence how local communities are developed in the future.

This act provides the funding for land use planning which will alter the landscape of how land is used for development purposes in the very near future. The important statements are #7 and #9.

As an example, if this legislation was passed, would communities in the future be able to obtain a wastewater treatment plant discharge permit allocated for developments located beyond existing infrastructure?

1. Facilitate and improve the coordination of housing , community development, transportation, energy, and environmental policy
2. Coordinate federal policies and investments
3. Promote sustainable development
4. Encourage regional planning for livable communities
5. Adoption of sustainable development techniques including transit-oriented development
6. Provide a variety of safe, reliable transportation choices with emphasis on public transportation and complete streets to:
                              Reduce traffic congestion
                              Reduce greenhouse gas emissions
                              Reduce dependence on foreign oil

 7. Provide affordable, energy-efficient and location-efficient housing choices

 8. Make combined costs of housing and transportation more affordable to families
 9. Support, revitalize and encourage growth in existing communities to:
                             Maximize the cost effectiveness of existing infrastructure
                             Preserve undeveloped lands

 10. Promote economic development and competitiveness by:
                             By connecting housing and employment locations of workers
                             Reducing traffic congestion
                             Providing families with access to essential services

 11. Preserve the environment and natural resources
 12. Support public health and improve quality of life for residents and workers in communities by promoting:
                            Healthy, walkable neighborhoods
                            Access to green space
                           Mobility to pursue greater opportunities