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5341. Technical assistance and value capture policy
(a) Technical assistance and policy development
(1) Technical assistance
The Secretary may make grants to States and local governments to—(A) develop State and local value capture mechanisms for long-term funding that promote mobility, public transportation, and affordable transit-oriented development;(B) improve public transportation and mobility for individuals; and(C) develop strategic partnerships that lead to greater long-term and robust investments in public transportation, mobility, inclusive economic development, and affordable transit-oriented development.(2) Value capture policy
Not later than October 1 of the fiscal year that begins 2 years after the date of enactment of this section, the Secretary, in collaboration with State departments of transportation, metropolitan planning organizations, and regional governments, shall establish voluntary value capture standards for value capture mechanisms that promote greater investments into public transportation and affordable transit-oriented development.(3) Technical assistance
The Secretary, through a competitive bid process, may enter into contracts, cooperative agreements, and other agreements with nonprofit organizations that have a demonstrated capacity to provide value capture-related technical assistance to grant recipients.(b) Report
Not later than 15 months after the date of enactment of this section, the Secretary shall create a report, and make such report available to the public, that contains examples of State and local law and policy that provide for value capture that promotes greater investment in public transportation and affordable transit-oriented development.(c) Best practices
Based on the report required under subsection (b), the Secretary shall identify and disseminate to State departments of transportation, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, the Committee on Environment and Public Works, and the Committee on Appropriations of the Senate, and the Committee on Transportation and Infrastructure, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives examples of best practices where States and local governments have adopted value capture mechanisms that have successfully provided for greater investment in public transportation and affordable transit-oriented development.(d) Definitions
In this section:(1) Value capture
The term “value capture” means collecting from an entity a portion of the economic value created by government investments, activities, and policies that have generated alternative revenue streams, assets, or other financial value and repurposing such economic value to assist in funding government investments and activities.(2) Affordable transit-oriented development
The term “affordable transit-oriented development” means development of commercial and residential areas located near public transportation stations that promotes affordable housing and affordable commercial space.(3) Local government
The term “local government” means—(A) any county, city, town, township, parish, village, or other general purpose political subdivision of a State; and(B) any combination of political subdivisions or appropriate government entities including special assessment districts.(4) Public Transportation
The term “public transportation” has the meaning given the term in section 5302 of title 49, United States Code.
5341. Technical assistance and value capture policy.
147A. Qualified transit-oriented development bonds
(a) In general
In this section, the term “qualified transit-oriented development bond” means any private activity bond issued as part of an issue for the purposes of the acquisition, construction, reconstruction, or improvement of land or property that is within one half-mile of an existing or planned major public transportation facility including fixed-guideway transit stations (rail and bus rapid transit), designated High Speed Rail or existing intercity rail stations, or an intermodal transportation station.(b) A bond shall not be treated as a qualified transit-oriented development bond unless the issue described in subsection (a) is issued pursuant to relevant local government-adopted policies, as determined by the Secretary, that—(1) promote long-term affordable housing or affordable commercial spaces,(2) promote high-density, mixed-use development near public transportation stations,(3) encourage value capture and value sharing that promotes greater investment in public transportation and affordable transit-oriented development, including any strategy developed under section 5341,(4) the payment of the principal and interest on such issue is primarily secured by taxes of general applicability imposed by a general purpose governmental unit,(5) a 25 to 50 percent increase, as determined by the Secretary, in real property tax revenues (attributable to increases in assessed value) by reason of the carrying out of such purposes in such area is reserved exclusively for debt service on such issue (and similar issues) to the extent such increase does not exceed such debt service, or(6) other value capture mechanisms including user fees, sales tax revenues, or other revenue sources dedicated to the project by property owners and businesses.(c) Transit-Oriented Development Volume Cap
(1) In general
The aggregate face amount of Transit-oriented development bonds issued pursuant to an issue, when added to the aggregate face amount of transit-oriented development bonds previously issued by the issuing authority during the calendar year, shall not exceed such issuing authority's Move America volume cap for such year.(2) Allocation of volume cap
Each State may allocate the transit-oriented development volume cap of such State among governmental units (or other authorities) in such State having authority to issue private activity bonds.(d) Application of Davis-Bacon Act requirements with respect to Federal value capture tax increment financing districts
Subchapter IV of chapter 31 of the title 40, United States Code, shall apply to projects financed with the proceeds of qualified transit-oriented development bonds.
Sec. 147A. Qualified transit-oriented development bonds.