Sec. 209. SMALL PUBLIC HOUSING AGENCIES

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## SEC. 209 SMALL PUBLIC HOUSING AGENCIES ###

(a)Small Public Housing Agencies Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding at the end the following: > > ## “SEC. SEC. 38 SMALL PUBLIC HOUSING AGENCIES > > > ### “(a) Definitions > > In this section: > > > #### “(1) Housing voucher program > > The term ‘housing voucher program’ means a program for tenant-based assistance under section 8. > > > #### “(2) Small public housing agency > > The term ‘small public housing agency’ means a public housing agency— > > > ##### “(A) > > for which the sum of the number of public housing dwelling units administered by the agency and the number of vouchers under section 8(o) administered by the agency is 550 or fewer; and > > > ##### “(B) > > that predominantly operates in a rural area, as described in section 1026.35(b)(2)(iv)(A) of title 12, Code of Federal Regulations. > > > #### “(3) Troubled small public housing agency > > The term ‘troubled small public housing agency’ means a small public housing agency designated by the Secretary as a troubled small public housing agency under subsection (c)(3). > > > ### “(b) Applicability > > Except as otherwise provided in this section, a small public housing agency shall be subject to the same requirements as a public housing agency. > > > ### “(c) Program Inspections and Evaluations > > > #### “(1) Public housing projects > > > ##### “(A) Frequency of inspections by secretary > > The Secretary shall carry out an inspection of the physical condition of a small public housing agency’s public housing projects not more frequently than once every 3 years, unless the agency has been designated by the Secretary as a troubled small public housing agency based on deficiencies in the physical condition of its public housing projects. Nothing contained in this subparagraph relieves the Secretary from conducting lead safety inspections or assessments in accordance with procedures established by the Secretary under section 302 of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822). > > > ##### “(B) Standards > > The Secretary shall apply to small public housing agencies the same standards for the acceptable condition of public housing projects that apply to projects assisted under section 8. > > > #### “(2) Housing voucher program > > Except as required by section 8(o)(8)(F), a small public housing agency administering assistance under section 8(o) shall make periodic physical inspections of each assisted dwelling unit not less frequently than once every 3 years to determine whether the unit is maintained in accordance with the requirements under section 8(o)(8)(A). Nothing contained in this paragraph relieves a small public housing agency from conducting lead safety inspections or assessments in accordance with procedures established by the Secretary under section 302 of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822). > > > #### “(3) Troubled small public housing agencies > > > ##### “(A) Public housing program > > Notwithstanding any other provision of law, the Secretary may designate a small public housing agency as a troubled small public housing agency with respect to the public housing program of the small public housing agency if the Secretary determines that the agency has failed to maintain the public housing units of the small public housing agency in a satisfactory physical condition, based upon an inspection conducted by the Secretary. > > > ##### “(B) Housing voucher program > > Notwithstanding any other provision of law, the Secretary may designate a small public housing agency as a troubled small public housing agency with respect to the housing voucher program of the small public housing agency if the Secretary determines that the agency has failed to comply with the inspection requirements under paragraph (2). > > > ##### “(C) Appeals > > > ###### “(i) Establishment > > The Secretary shall establish an appeals process under which a small public housing agency may dispute a designation as a troubled small public housing agency. > > > ###### “(ii) Official > > The appeals process established under clause

(i)shall provide for a decision by an official who has not been involved, and is not subordinate to a person who has been involved, in the original determination to designate a small public housing agency as a troubled small public housing agency. > > > ##### “(D) Corrective action agreement > > > ###### “(i) Agreement required > > Not later than 60 days after the date on which a small public housing agency is designated as a troubled public housing agency under subparagraph

(A)or (B), the Secretary and the small public housing agency shall enter into a corrective action agreement under which the small public housing agency shall undertake actions to correct the deficiencies upon which the designation is based. > > > ###### “(ii) Terms of agreement > > A corrective action agreement entered into under clause

(i)shall— > > > ###### “(I) > > have a term of 1 year, and shall be renewable at the option of the Secretary; > > > ###### “(II) > > provide, where feasible, for technical assistance to assist the public housing agency in curing its deficiencies; > > > ###### “(III) > > provide for— > > > ###### “(aa) > > reconsideration of the designation of the small public housing agency as a troubled small public housing agency not less frequently than annually; and > > > ###### “(bb) > > termination of the agreement when the Secretary determines that the small public housing agency is no longer a troubled small public housing agency; and > > > ###### “(IV) > > provide that in the event of substantial noncompliance by the small public housing agency under the agreement, the Secretary may— > > > ###### “(aa) > > contract with another public housing agency or a private entity to manage the public housing of the troubled small public housing agency; > > > ###### “(bb) > > withhold funds otherwise distributable to the troubled small public housing agency; > > > ###### “(cc) > > assume possession of, and direct responsibility for, managing the public housing of the troubled small public housing agency; > > > ###### “(dd) > > petition for the appointment of a receiver, in accordance with section 6(j)(3)(A)(ii); and > > > ###### “(ee) > > exercise any other remedy available to the Secretary in the event of default under the public housing annual contributions contract entered into by the small public housing agency under section 5. > > > ##### “(E) Emergency actions > > Nothing in this paragraph may be construed to prohibit the Secretary from taking any emergency action necessary to protect Federal financial resources or the health or safety of residents of public housing projects. > > > ### “(d) Reduction of Administrative Burdens > > > #### “(1) Exemption > > Notwithstanding any other provision of law, a small public housing agency shall be exempt from any environmental review requirements with respect to a development or modernization project having a total cost of not more than $100,000. > > > #### “(2) Streamlined procedures > > The Secretary shall, by rule, establish streamlined procedures for environmental reviews of small public housing agency development and modernization projects having a total cost of more than $100,000.” > . ###

(b)Energy Conservation Section 9(e)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)(2)) is amended by adding at the end the following: > > ##### “(D) Freeze of consumption levels > > > ###### “(i) In general > > A small public housing agency, as defined in section 38(a), may elect to be paid for its utility and waste management costs under the formula for a period, at the discretion of the small public housing agency, of not more than 20 years based on the small public housing agency’s average annual consumption during the 3-year period preceding the year in which the election is made (in this subparagraph referred to as the ‘consumption base level’). > > > ###### “(ii) Initial adjustment in consumption base level > > The Secretary shall make an initial one-time adjustment in the consumption base level to account for differences in the heating degree day average over the most recent 20-year period compared to the average in the consumption base level. > > > ###### “(iii) Adjustments in consumption base level > > The Secretary shall make adjustments in the consumption base level to account for an increase or reduction in units, a change in fuel source, a change in resident controlled electricity consumption, or for other reasons. > > > ###### “(iv) Savings > > All cost savings resulting from an election made by a small public housing agency under this subparagraph— > > > ###### “(I) > > shall accrue to the small public housing agency; and > > > ###### “(II) > > may be used for any public housing purpose at the discretion of the small public housing agency. > > > ###### “(v) Third parties > > A small public housing agency making an election under this subparagraph— > > > ###### “(I) > > may use, but shall not be required to use, the services of a third party in its energy conservation program; and > > > ###### “(II) > > shall have the sole discretion to determine the source, and terms and conditions, of any financing used for its energy conservation program.” > . ###

(c)Reporting by Agencies Operating in Consortia **[**[42 U.S.C. 1437k note](/us/usc/t42/s1437k)**]** Not later than 180 days after the date of enactment of this Act, the Secretary of Housing and Urban Development shall develop and deploy all electronic information systems necessary to accommodate full consolidated reporting by public housing agencies, as defined in section 3(b)(6) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6)), electing to operate in consortia under section 13(a) of such Act (42 U.S.C. 1437k(a)). ###

(d)Effective Date **[**[42 U.S.C. 1437g note](/us/usc/t42/s1437g)**]** The amendments made by subsections

(a)and

(b)shall take effect on the date that is 60 days after the date of enactment of this Act. ###

(e)Shared Waiting Lists **[**[42 U.S.C. 1437d note](/us/usc/t42/s1437d)**]** Not later than 1 year after the date of enactment of this Act, the Secretary of Housing and Urban Development shall make available to interested public housing agencies and owners of multifamily properties receiving assistance from the Department of Housing and Urban Development 1 or more software programs that will facilitate the voluntary use of a shared waiting list by multiple public housing agencies or owners receiving assistance, and shall publish on the website of the Department of Housing and Urban Development procedural guidance for implementing shared waiting lists that includes information on how to obtain the software.

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Sec. 209

SMALL PUBLIC HOUSING AGENCIES

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