Text of Senate Amendment 4329

Text of Senate Amendment 4329

Congressional Record, Volume 172 Issue 41 (Wednesday, March 4, 2026) [Congressional Record Volume 172, Number 41 (Wednesday, March 4, 2026)] [Senate] [Pages S846-S847] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 4329. Ms. BLUNT ROCHESTER (for herself, Mr. Crapo, Mr. Fetterman, Mr. Tillis, Mr. Cassidy, and Mrs. Gillibrand) submitted an amendment intended to be proposed to amendment SA 4308 proposed by Mr. Scott of South Carolina (for himself and Ms. Warren) to the bill H.R. 6644, a bill to increase the supply of housing in America, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. HOUSING SUPPLY FRAMEWORKS ACT. (a) Findings.--Congress finds the following: (1) The United States is facing a housing supply shortage. 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, and nondiscriminatory and that outweigh the regional need for housing are contrary to the regional and national interest. (b) Definitions.--In this section: (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 Principal Deputy 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. (c) Guidelines on State and Local Zoning Frameworks.-- (1) Establishment.--Not later than 3 years after the date of enactment of this Act, 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-- (A) State zoning frameworks; and (B) local zoning frameworks. (2) 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 paragraph (1), the Assistant Secretary shall-- (A) publish draft guidelines in the Federal Register for public comment; and (B) establish a task force for the purpose of providing consultation to draft guidelines published under subparagraph (A), the members of which shall include-- (i) planners and architects; (ii) housing developers, including affordable, rehabilitation, and market-rate housing developers, manufactured housing developers, and other business interests; (iii) community engagement experts and community members impacted by zoning decisions; (iv) public housing authorities and transit authorities; (v) members of local zoning and planning boards and local and regional transportation planning organizations; (vi) State officials responsible for housing or land use, including members of State zoning boards of appeals and State Historic Preservation Officers; (vii) academic researchers; and (viii) home builders. (3) Contents.--The guidelines and best practices required under paragraph (1) shall-- (A) with respect to State zoning frameworks, outline potential models for updated State enabling legislation or State agency and department procedures; (B) 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 sizes and set-back 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; (v) 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; (vi) 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; (vii) the reduction of obstacles, regulatory or otherwise, to a range of housing types at all levels of affordability, including manufactured and modular housing, and size, including units with 3 or more bedrooms; (viii) State model zoning regulations for directing local reforms, including mechanisms to encourage adoption; (ix) provisions to encourage transit-oriented development, including increased permissible units per structure and reduced minimum lot sizes near existing or planned public transit stations; (x) potential reforms to strengthen the public engagement process; (xi) reforms to protest petition statutes; (xii) the standardization, reduction, or elimination of impact fees; (xiii) cost effective and appropriate building codes; (xiv) models for community benefit agreements; (xv) mechanisms to preserve affordability, limit disruption of low-income communities, and prevent displacement of existing residents; [[Page S847]] (xvi) 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-- (aa) 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 that includes a State-defined amount of affordable housing to appeal a rejection to a State body or regional body empowered by the State; and (bb) establish qualifications for communities to be exempted from the appeals process based on their available stock of affordable housing; and (III) streamlining of State environmental review policies; (xvii) 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; (IV) differentiations between best practices for rural, suburban, and urban communities, and communities with different levels of density or population distribution; and (V) streamlining of local environmental review policies; and (xviii) other land use measures that promote access to new housing opportunities identified by the Secretary; and (C) consider-- (i) the effects of adopting any recommendation on eligibility for Federal discretionary grants and tax credits for the purpose of housing or community development; (ii) coordination between infrastructure investments and housing planning; (iii) local housing needs, including ways to set and measure housing goals and targets; (iv) a range of affordability for rental units, with a prioritization of units attainable to extremely low-, low-, and moderate-income residents; (v) a range of affordability for homeownership; (vi) accountability measures; (vii) the long-term cost to residents and businesses if more housing is not constructed; (viii) barriers to individuals seeking to access affordable housing in growing communities and communities with economic opportunity; (ix) 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); and (II) Statewide mechanisms to preserve existing affordability over the long term, including support for land banks and community land trusts; (x) public comments elicited under paragraph (2)(A); and (xi) other considerations, as identified by the Secretary. (d) Abolishment of the Regulatory Barriers Clearinghouse.-- (1) 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. (2) Repeal.--Section 1205 of the Housing and Community Development Act of 1992 (4