Public Housing Solar Equity Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 8404 To require sales and leases of assets of public housing projects in connection with solar energy projects to financially benefit the residents of such public housing project and the budget of the public housing agency that owns such public housing project, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 25, 2020 Mrs. CAROLYN B. MALONEY of New York introduced the following bill; which was referred to the Committee on Financial Services A BILL To require sales and leases of assets of public housing projects in connection with solar energy projects to finan- cially benefit the residents of such public housing project and the budget of the public housing agency that owns such public housing project, and for other purposes. 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. 3 This Act may be cited as the ‘‘Public Housing Solar 4 Equity Act of 2020’’. 5 VerDate Sep 11 2014 18:47 Oct 21, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8404.IH H8404 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 8404 IH SEC. 2. PUBLIC HOUSING AGENCY SALES OR LEASES OF 1 PHA ASSETS IN CONNECTION WITH SOLAR 2 ENERGY PROJECTS. 3 (a) IN GENERAL.—Section 9 of the United States 4 Housing Act of 1937 (42 U.S.C. 1437g) is amended by 5 adding at the end the following: 6 ‘‘(p) SALE OR LEASE OF ASSETS.—If a public hous- 7 ing agency sells or leases any asset (including roof space 8 or parking) of a public housing project owned by such pub- 9 lic housing agency in connection with a solar energy 10 project, such public housing agency shall— 11 ‘‘(1) ensure that such sale or lease financially 12 benefits, as determined by a cost-benefit analysis 13 that is conducted using generally accepted account- 14 ing standards and is made publicly available— 15 ‘‘(A) the residents of such public housing 16 project; and 17 ‘‘(B) the budget of the public housing 18 agency; 19 ‘‘(2) if the buyer or lessee of such asset intends 20 to derive a product or services from such asset, re- 21 quire the buyer or lessee of such asset to first offer 22 such product or service derived from such asset to 23 the residents of the public housing project, and pro- 24 vide the product or services to those residents who 25 VerDate Sep 11 2014 18:47 Oct 21, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8404.IH H8404 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 8404 IH accept the offer before offering the product or serv- 1 ice to non-residents; 2 ‘‘(3) make available publicly, not later than 30 3 days before such sale or lease, information sufficient 4 to demonstrate compliance with paragraphs (1) and 5 (2) of this subsection; and 6 ‘‘(4) not later than 1 year after the sale or 7 lease, submit to the Secretary a report that de- 8 scribes how the sale or lease complies with this sub- 9 section.’’. 10 (b) PHA ANNUAL PLAN.—Section 5A(d) of the 11 United States Housing Act of 1937 (42 U.S.C. 1437c– 12 1(d)) is amended— 13 (1) by redesignating paragraph (19) as para- 14 graph (20); and 15 (2) by inserting after paragraph (18) the fol- 16 lowing: 17 ‘‘(19) SALE OR LEASE OF ASSETS.—With re- 18 gard to any assets of any public housing project 19 owned by the public housing agency that the public 20 housing agency intends to sell or lease in connection 21 with a solar energy project in the upcoming year— 22 ‘‘(A) a description of the asset; 23 ‘‘(B) a description of the proposed terms 24 of the sale or lease, if possible; and 25 VerDate Sep 11 2014 18:47 Oct 21, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8404.IH H8404 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 8404 IH ‘‘(C) a description of how the lease or sale 1 will comply with section 9(p), including how 2 such sale or lease financially benefits, as deter- 3 mined by a cost-benefit analysis that is con- 4 ducted using generally accepted accounting 5 standards, the residents of the public housing 6 project and the budget of the public housing 7 agency.’’. 8 (c) RULE OF CONSTRUCTION.—This section and the 9 amendments made by this section may not be construed 10 to authorize or encourage the sale or lease of any public 11 housing asset. 12 Æ VerDate Sep 11 2014 18:47 Oct 21, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H8404.IH H8404 pamtmann on DSKBC07HB2PROD with BILLS