119-s1299

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1299 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1299

 To direct the Secretary of Housing and Urban Development, acting 
through the Assistant Secretary for Policy Development and Research, to 
publish guidelines and best practices for State zoning and local zoning 
 frameworks, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 April 3, 2025

 Ms. Blunt Rochester (for herself, Mr. Crapo, Mr. Fetterman, and Mr. 
 Tillis) introduced the following bill; which was read twice and 
 referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

 A BILL

 To direct the Secretary of Housing and Urban Development, acting 
through the Assistant Secretary for Policy Development and Research, to 
publish guidelines and best practices for State zoning and local zoning 
 frameworks, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Housing Supply Frameworks Act''.

SEC. 2. FINDINGS.

 Congress finds the following:

    (1) As of 2022 in the United States, there was an estimated 
 housing shortage of 3,850,000 homes. This housing supply 
 shortage has resulted in a record number of cost-burdened 
 households across regions and spanning the large and small 
 cities, towns, and coastal and rural communities of the United 
 States.

    (2) Several factors contribute to the undersupply of 
 housing in the United States, particularly workforce housing, 
 including rising costs of construction, a shortage of labor, 
 supply chain disruptions, and a lack of reliable funding 
 sources.

    (3) Regulatory barriers at the State and local levels, such 
 as zoning and land use regulations, also inhibit the creation 
 of new housing to meet local and regional housing needs.

    (4) State and local governments are proactively exploring 
 solutions for reforming regulatory barriers, but additional 
 resources, data, and models can help adequately address these 
 challenges.

    (5) While land use regulation is the responsibility of 
 State and local governments, there is Federal support for 
 necessary reforms, and there is an opportunity 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' needs.

    (6) Therefore, 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 substantial, legitimate, 
 nondiscriminatory and that outweigh the regional need for 
 housing are contrary to the regional and national interest.

SEC. 3. DEFINITIONS.

 In this Act:

    (1) Affordable housing.--The term ``affordable housing'' 
 means housing for which the monthly payment is not more than 30 
 percent of the monthly income of the household.

    (2) Assistant secretary.--The term ``Assistant Secretary'' 
 means the Assistant Secretary for Policy Development and 
 Research of the Department of Housing and Urban Development.

    (3) Local zoning framework.--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.

    (4) Secretary.--The term ``Secretary'' means the Secretary 
 of Housing and Urban Development.

    (5) State zoning framework.--The term ``State zoning 
 framework'' means the State legislation or State agency and 
 department procedures, or such legislation or procedures in an 
 insular area of the United States, enabling local planning and 
 zoning authorities and establishing and guiding related 
 policies and programs.

SEC. 4. GUIDELINES ON STATE AND LOCAL ZONING FRAMEWORKS.

    (a) Establishment.--Not later than 3 years after the date of 
enactment of this section, the Assistant Secretary shall publish 
documents outlining guidelines and best practices to support production 
of adequate housing to meet the needs of communities and provide 
housing opportunities for individuals at every income level across 
communities with respect to--

    (1) State zoning frameworks; and

    (2) local zoning frameworks.

    (b) Consultation; Public Comment.--During the 2 year period 
beginning on the date of enactment of this Act, in developing the 
guidelines and best practices required under subsection

    (a) , the 
Assistant Secretary shall--

    (1) publish draft guidelines in the Federal Register for 
 public comment; and

    (2) establish a task force for the purpose of providing 
 consultation to draft guidelines published under paragraph

    (1) , 
 the members of which shall include--
        (A) planners and architects;
        (B) advocates with experience in affordable 
 housing, community development efforts, and fair 
 housing;
            (C) housing developers, including affordable and 
 market-rate housing developers, manufactured housing 
 developers, and other business interests;
            (D) community engagement experts and community 
 members impacted by zoning decisions;
        (E) public housing authorities and transit 
 authorities;
        (F) members of local zoning and planning boards and 
 local and regional transportation planning 
 organizations;
        (G) State officials responsible for housing or land 
 use, including members of State zoning boards of 
 appeals;
        (H) academic researchers; and
            (I) home builders.
            (c) Contents.--The guidelines and best practices required under 
subsection

    (a) shall--

    (1) with respect to State zoning frameworks, outline 
 potential models for updated State enabling legislation or 
 State agency and department procedures;

    (2) include recommendations regarding--
        (A) the reduction or elimination of parking 
 minimums;
        (B) the increase in maximum floor area ratio 
 requirements and maximum building heights and the 
 reduction in minimum lot sizes and set-back 
 requirements;
            (C) the elimination of restrictions against 
 accessory dwelling units;
            (D) increasing by-right uses, including duplex, 
 triplex, or quadplex buildings, across cities or 
 metropolitan areas;
        (E) mechanisms, including proximity to transit, to 
 determine the appropriate scope for rezoning and ensure 
 development that does not disproportionately burden 
 residents of economically distressed areas;
        (F) provisions regarding review of by-right 
 development proposals to streamline review and reduce 
 uncertainty, including--
            (i) nondiscretionary, ministerial review; 
 and
            (ii) entitlement and design review 
 processes;
        (G) the reduction of obstacles to a range of 
 housing types at all levels of affordability, including 
 manufactured and modular housing;
        (H) State model zoning regulations for directing 
 local reforms, including mechanisms to encourage 
 adoption;
            (I) provisions to encourage transit-oriented 
 development, including increased permissible units per 
 structure and reduced minimum lot sizes near existing 
 or planned public transit stations;
        (J) potential reforms to the public engagement 
 process, including--
            (i) meaningful access for persons with 
 limited English proficiency and effective 
 communication improvements for persons with 
 disabilities;
            (ii) leveraging of virtual meeting 
 technologies; and
            (iii) proactive outreach in communities;
        (K) reforms to protest petition statutes;
            (L) the standardization, reduction, or elimination 
 of impact fees;
            (M) cost effective and appropriate building codes;
        (N) models for community benefit agreements;
        (O) mechanisms to preserve affordability, limit 
 disruption of low-income communities, and prevent 
 displacement of existing residents;
        (P) with respect to State zoning frameworks--
            (i) State model codes for directing local 
 reforms, including mechanisms to encourage 
 adoption;
            (ii) a model for a State zoning appeals 
 process, which would--
            (I) create a process for developers 
 or builders requesting a variance, 
 conditional use, special permit, zoning 
 district change, similar discretionary 
 permit, 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;
            (II) establish qualifications for 
 communities to be exempted from the 
 appeals process based on their 
 available stock of affordable housing; 
 and
            (III) establish a State zoning 
 appeals board to consider appeals to a 
 discretionary permit rejection and 
 objectively evaluate petitions based on 
 the potential for environmental damage 
 and infrastructural capacity; and
            (iii) best practices on the disposition of 
 land owned by State governments for affordable 
 housing development;
        (Q) with respect to local zoning frameworks--
            (i) the simplification and standardization 
 of existing zoning codes;
            (ii) maximum review timelines;
            (iii) best practices for the disposition of 
 land owned by local governments for affordable 
 housing development; and
            (iv) differentiations between best 
 practices for rural, suburban, and urban 
 communities, and communities with different 
 levels of density or population distribution; 
 and
        (R) other land use measures that promote access to 
 new housing opportunities identified by the Secretary; 
 and

    (3) consider--
        (A) consistency with respect to fair housing and 
 civil rights requirements;
        (B) the effects of adopting any recommendation on 
 eligibility for Federal discretionary grants provided 
 by the Department of Housing and Urban Development, the 
 Department of Transportation, and the Department of 
 Agriculture, and tax credits for the purpose of housing 
 or community development;
            (C) coordination between infrastructure investments 
 and housing planning;
            (D) local housing needs, including ways to set and 
 measure housing goals and targets;
        (E) a range of affordability for rental units, with 
 a prioritization of units attainable to extremely low-
 income, low-income, and moderate-income residents;
        (F) a range of affordability for homeownership 
 units attainable to low-income and moderate-income 
 residents;
        (G) accountability measures;
        (H) the long-term cost to residents and businesses 
 if more housing is not constructed;
            (I) barriers to individuals seeking to access 
 affordable housing in growing communities and 
 communities with economic opportunity;
        (J) with respect to State zoning frameworks--
            (i) 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) ;
            (ii) statewide mechanisms to preserve 
 existing affordability over the long term, 
 including support for land banks and community 
 land trusts; and
            (iii) guidance to States on collecting and 
 maintaining proactive data on the current 
 rental housing market and rental registries;
        (K) public comments described in subsection

    (b)

    (1) ; 
 and
            (L) other considerations, as identified by the 
 Secretary.

SEC. 5. REPORTING.

 Not later than 5 years after the date on which the Assistant 
Secretary publishes the guidelines and best practices for State and 
local zoning frameworks, the Assistant Secretary shall submit to 
Congress a report describing--

    (1) the States that have adopted recommendations from the 
 guidelines and best practices, pursuant to 

section 4 of this 
 Act;

    (2) a summary of the localities that have adopted 
 recommendations from the guidelines and best practices, 
 pursuant to 

Section 4 of this Act;

    (3) a list of States that adopted a State zoning framework;

    (4) a summary of the modifications that each State has made 
 in their State zoning framework;

    (5) a general summary of the types of updates localities 
 have made to their local zoning framework; and

    (6) of the States that have adopted a State zoning 
 framework or recommendations from the guidelines and best 
 practices, the effect of such adoptions on the number of 
 building permits issued.

SEC. 6. ABOLISHMENT OF REGULATORY BARRIERS CLEARINGHOUSE.

    (a) In General.--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.

    (b) Repeal.--

Section 1205 of the Housing and Community Development 
Act of 1992 (42 U.S.C. 12705d) is repealed.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

 There is authorized to be appropriated to the Secretary to carry 
out this Act $3,000,000 for each of fiscal years 2026 through 2030.
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