Green Neighborhoods Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 8021 To encourage energy efficiency, conservation, and development of renewable energy sources for housing, and to create sustainable communities. IN THE HOUSE OF REPRESENTATIVES AUGUST 11, 2020 Mr. PERLMUTTER (for himself and Mr. CASTEN of Illinois) introduced the fol- lowing bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To encourage energy efficiency, conservation, and develop- ment of renewable energy sources for housing, and to create sustainable communities. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Green Neighborhoods Act of 2020’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. VerDate Sep 11 2014 02:54 Sep 04, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H8021.IH H8021 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8021 IH Sec. 2. Implementation of energy efficiency participation incentives for HUD programs. Sec. 3. Basic HUD energy efficiency standards and standards for additional credit. Sec. 4. Enhanced energy efficiency underwriting. Sec. 5. Energy-efficient certifications for manufactured housing with mort- gages. Sec. 6. Making it green. Sec. 7. Including sustainable development and transportation strategies in com- prehensive housing affordability strategies. Sec. 8. Grant program to increase sustainable low-income community develop- ment capacity. Sec. 9. Benchmarking. Sec. 10. Workforce development. Sec. 11. Ensuring availability of homeowners insurance for homes not con- nected to electricity grid. Sec. 12. Definitions. SEC. 2. IMPLEMENTATION OF ENERGY EFFICIENCY PAR- 1 TICIPATION INCENTIVES FOR HUD PRO- 2 GRAMS. 3 (a) IN GENERAL.—Not later than 180 days after the 4 date of the enactment of this Act, the Secretary of Hous- 5 ing and Urban Development shall issue such regulations 6 as may be necessary to establish annual energy efficiency 7 participation incentives consistent with this Act to encour- 8 age participants in programs administered by the Sec- 9 retary, including recipients under programs for which 10 HUD assistance is provided, to achieve substantial im- 11 provements in energy efficiency. 12 (b) REQUIREMENT FOR APPROPRIATION OF 13 FUNDS.—The requirement under subsection (a) for the 14 Secretary to provide annual energy efficiency participation 15 incentives pursuant to the provisions of this Act shall be 16 subject to the annual appropriation of necessary funds. 17 VerDate Sep 11 2014 02:54 Sep 04, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8021.IH H8021 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8021 IH SEC. 3. BASIC HUD ENERGY EFFICIENCY STANDARDS AND 1 STANDARDS FOR ADDITIONAL CREDIT. 2 (a) BASIC HUD STANDARD.— 3 (1) RESIDENTIAL STRUCTURES.—A residential 4 single-family or multifamily structure shall be con- 5 sidered to comply with the energy efficiency stand- 6 ards under this subsection if— 7 (A) the structure complies with the appli- 8 cable provisions of the American Society of 9 Heating, Refrigerating, and Air-Conditioning 10 Engineers Standard 90.1–2016, as such stand- 11 ard or successor standard is in effect for pur- 12 poses of this section pursuant to subsection (c); 13 (B) the structure complies with the appli- 14 cable provisions of the 2018 International En- 15 ergy Conservation Code, as such standard or 16 successor standard is in effect for purposes of 17 this section pursuant to subsection (c); 18 (C) in the case only of an existing struc- 19 ture, where determined cost effective, the struc- 20 ture has undergone rehabilitation or improve- 21 ments, completed after the date of the enact- 22 ment of this Act, and the energy consumption 23 for the structure has been reduced by at least 24 20 percent from the previous level of consump- 25 tion, as determined in accordance with energy 26 VerDate Sep 11 2014 02:54 Sep 04, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8021.IH H8021 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8021 IH audits performed both before and after any re- 1 habilitation or improvements undertaken to re- 2 duce such consumption; or 3 (D) the structure complies with the appli- 4 cable provisions of such other energy efficiency 5 requirements, standards, checklists, or ratings 6 systems as the Secretary may adopt and apply 7 by regulation, as may be necessary, for pur- 8 poses of this section for specific types of resi- 9 dential single-family or multifamily structures 10 or otherwise, except that the Secretary shall 11 make a determination regarding whether to 12 adopt and apply any such requirements, stand- 13 ards, checklists, or rating system for purposes 14 of this section not later than the expiration of 15 the 180-day period beginning upon the date of 16 receipt of any written request, made in such 17 form as the Secretary shall provide, for such 18 adoption and application. 19 In addition to compliance with any of subparagraphs 20 (A) through (D), the Secretary shall by regulation 21 require, for any newly constructed residential single- 22 family or multifamily structure to be considered to 23 comply with the energy efficiency standards under 24 this subsection, that the structure have appropriate 25 VerDate Sep 11 2014 02:54 Sep 04, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8021.IH H8021 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 8021 IH electrical outlets with the facility and capacity to re- 1 charge a standard electric passenger vehicle, includ- 2 ing an electric hybrid vehicle, where such vehicle 3 would normally be parked. 4 (2) NONRESIDENTIAL STRUCTURES.—For pur- 5 poses of this section, the Secretary shall identify and 6 adopt by regulation, as may be necessary, energy ef- 7 ficiency requirements, standards, checklists, or rat- 8 ing systems applicable to nonresidential structures 9 that are constructed or rehabilitated with HUD as- 10 sistance. A nonresidential structure shall be consid- 11 ered to comply with the energy efficiency standards 12 under this subsection if the structure complies with 13 the applicable provisions of any such energy effi- 14 ciency requirements, standards, checklist, or rating 15 systems identified and adopted by the Secretary pur- 16 suant to this paragraph, as such standards are in ef- 17 fect for purposes of this section pursuant to sub- 18 section (c). 19 (3) EFFECT.—Nothing in this subsection may 20 be construed to require any structure to comply with 21 any standard established or adopted pursuant to this 22 subsection, or identified in this subsection, or to pro- 23 vide any benefit or credit under any Federal pro- 24 VerDate Sep 11 2014 02:54 Sep 04, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8021.IH H8021 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 8021 IH gram for any structure that complies with any such 1 standard, except to the extent that— 2 (A) any provision of law other than this 3 subsection provides a benefit or credit under a 4 Federal program for compliance with a stand- 5 ard established or adopted pursuant to this sub- 6 section, or identified in this subsection; or 7 (B) the Secretary specifically provides pur- 8 suant to subsection (c) for the applicability of 9 such standard. 10 (b) ENHANCED ENERGY EFFICIENCY STANDARDS 11 FOR PURPOSES OF PROVIDING ADDITIONAL CREDIT 12 UNDER CERTAIN FEDERALLY ASSISTED HOUSING PRO- 13 GRAMS.— 14 (1) PURPOSE AND EFFECT.— 15 (A) PURPOSE.—The purpose of this sub- 16 section is to establish energy efficiency and con- 17 servation standards and green building stand- 18 ards that— 19 (i) provide for greater energy effi- 20 ciency and conservation in structures than 21 is required for compliance with the energy 22 efficiency standards under subsection (a) 23 and then in effect; 24 VerDate Sep 11 2014 02:54 Sep 04, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8021.IH H8021 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 8021 IH (ii) provide for green and sustainable 1 building standards not required by such 2 standards; and 3 (iii) can be used in connection with 4 Federal housing, housing finance, and de- 5 velopment programs to provide incentives 6 for greater energy efficiency and conserva- 7 tion and for green and sustainable building 8 methods, elements, practices, and mate- 9 rials. 10 (B) EFFECT.—Nothing in this subsection 11 may be construed to require any structure to 12 comply with any standard established pursuant 13 to this subsection or to provide any benefit or 14 credit under any Federal program for any 15 structure, except to the extent that any provi- 16 sion of law other than this subsection provides 17 a benefit or credit under a Federal program for 18 compliance with a standard established pursu- 19 ant to this subsection. 20 (2) COMPLIANCE.—A residential or nonresiden- 21 tial structure shall be considered to comply with the 22 enhanced energy efficiency and conservation stand- 23 ards or the green building standards under this sub- 24 section, to the extent that such structure is verified 25 VerDate Sep 11 2014 02:54 Sep 04, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8021.IH H8021 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 8021 IH by a third party as compliant with, or certified to, 1 the applicable provisions of the standards under 2 paragraph (3) or (4), respectively (as such standards 3 are in effect for purposes of this section, pursuant 4 to paragraph (7)), in a manner that is not required 5 for compliance with the energy efficiency standards 6 under subsection (a) then in effect and subject to 7 the Secretary’s determination of which standards are 8 applicable to which structures. 9 (3) ENERGY EFFICIENCY AND CONSERVATION 10 STANDARDS.—The energy efficiency and conserva- 11 tion standards under this paragraph are as follows: 12 (A) RESIDENTIAL STRUCTURES.—With re- 13 spect to residential structures: 14 (i) NEW CONSTRUCTION.—For new 15 construction, the Energy Star for Homes 16 certification or Energy Star for Multi- 17 family New Construction certification 18 standards established by the Environ- 19 mental Protection Agency, as such stand- 20 ards are in effect for purposes of this sub- 21 section pursuant to paragraph (7); 22 (ii) EXISTING STRUCTURES.—For ex- 23 isting structures, a reduction in energy 24 consumption from the previous level of 25 VerDate Sep 11 2014 02:54 Sep 04, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8021.IH H8021 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 8021 IH consumption for the structure, as deter- 1 mined in accordance with energy audits 2 performed both before and after any reha- 3 bilitation or improvements undertaken to 4 reduce such consumption by at least 30 5 percent or achievement of ENERGY 6 STAR certification. 7 (B) NONRESIDENTIAL STRUCTURES.— 8 With respect to nonresidential structures, such 9 energy efficiency and conservation require- 10 ments, standards, checklists, or rating systems 11 for nonresidential structures as the Secretary 12 shall identify and adopt by regulation, as may 13 be necessary, for purposes of this paragraph. 14 (4) GREEN BUILDING STANDARDS.—The green 15 building standards under this paragraph are the 16 most recent adopted versions of the following: 17 (A) The national Green Communities cri- 18 teria checklist for residential construction that 19 provides criteria for the design, development, 20 and operation of affordable housing, as such 21 checklist or successor checklist is in effect for 22 purposes of this section pursuant to paragraph 23 (7). 24 VerDate Sep 11 2014 02:54 Sep 04, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8021.IH H8021 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 8021 IH (B) The LEED for New Construction rat- 1 ing system, the LEED for Homes rating sys- 2 tem, the LEED for Core and Shell rating sys- 3 tem, as applicable, as such systems or successor 4 systems are in effect for purposes of this sec- 5 tion pursuant to paragraph (7). 6 (C) The Green Globes assessment and rat- 7 ing system of the Green Buildings Initiative. 8 (D) For manufactured housing, energy 9 star rating with respect to fixtures, appliances, 10 and equipment in such housing, as such stand- 11 ard or successor standard is in effect for pur- 12 poses of this section pursuant to paragraph (7). 13 (E) The National Green Building Stand- 14 ard. 15 (F) Any other proven requirements, stand- 16 ards, checklists, or rating systems for green 17 building or sustainability as the Secretary may 18 identify and adopt by regulation, as may be 19 necessary for purposes of this paragraph, ex- 20 cept that the Secretary shall make a determina- 21 tion regarding whether to adopt and apply any 22 such requirements, standards, checklist, or rat- 23 ing system for purposes of this section not later 24 than the expiration of the 180-day period begin- 25 VerDate Sep 11 2014 02:54 Sep 04, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8021.IH H8021 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 8021 IH ning upon date of receipt of any written re- 1 quest, made in such form as the Secretary shall 2 provide, for such adoption and application. 3 (5) GREEN BUILDING.—For purposes of this 4 subsection, the term ‘‘green building’’ means, with 5 respect to standards for structures, standards to re- 6 quire use of sustainable design principles to reduce 7 the use of nonrenewable resources, minimize the im- 8 pact of development on the environment, and to im- 9 prove indoor air quality. 10 (6) ENERGY AUDITS.—The Secretary shall es- 11 tablish standards and requirements for energy au- 12 dits for purposes of paragraph (3)(A)(ii). 13 (7) APPLICABILITY AND UPDATING OF STAND- 14 ARDS.— 15 (A) APPLICABILITY.—Except as provided 16 in subparagraph (B), the requirements, stand- 17 ards, checklists, and rating systems referred to 18 in this subsection that are in effect for purposes 19 of this subsection are such requirements, stand- 20 ards, checklists, and systems are as in existence 21 upon the date of the enactment of this Act. 22 (B) UPDATING.—For purposes of this sec- 23 tion, the Secretary may adopt and apply by reg- 24 ulation, as may be necessary, future amend- 25 VerDate Sep 11 2014 02:54 Sep 04, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8021.IH H8021 pbinns on DSKJLVW7X2PROD with BI [Text truncated for display. 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