HR 4202 IHCommentsClose CommentsPermalink

To establish centers of excellence for green infrastructure, and for other purposes.CommentsClose CommentsPermalink

December 3, 2009CommentsClose CommentsPermalink

Ms. EDWARDS of Maryland (for herself, Mr. CARNAHAN, and Mr. DRIEHAUS) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To establish centers of excellence for green infrastructure, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Green Infrastructure for Clean Water Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(1) Many water resources in the United States are declining, particularly in urban areas.CommentsClose CommentsPermalink





(2) This decline of water resources is the result of an increase in population, water consumption, and impermeable surfaces, as well as the negative effects of urbanization, commercial and industrial activities, and climate change.CommentsClose CommentsPermalink





(3) An October 2008 study by the National Research Council found that some of the benefits of green infrastructure include increased water supplies, the creation of green jobs, cost savings, and a reduction of stormwater runoff, surface water discharge, stormwater pollution, and stormwater flows.CommentsClose CommentsPermalink

SEC. 3. CENTERS OF EXCELLENCE FOR GREEN INFRASTRUCTURE.

(a) Establishment of Centers-CommentsClose CommentsPermalink





(1) IN GENERAL- The Administrator shall make grants on a competitive basis to eligible institutions to establish and maintain not fewer than 3 and not more than 5 centers of excellence for green infrastructure, located throughout the United States.CommentsClose CommentsPermalink





(2) GENERAL OPERATION- Each center shall--CommentsClose CommentsPermalink





(A) conduct research on green infrastructure that is relevant to the geographic region in which the center is located, including stormwater and sewer overflow reduction, other approaches to water resource enhancement, and other environmental, economic, and social benefits;CommentsClose CommentsPermalink





(B) develop manuals and set industry standards on best management practices relating to State, local, and commercial green infrastructure for use by State and local governments and the private sector;CommentsClose CommentsPermalink





(C) provide information about research conducted under subparagraph (A) and manuals produced under subparagraph (B) to the national electronic clearinghouse center for publication on the Web site created pursuant to subsection (c) to inform the Federal Government and State and local governments and the private sector about green infrastructure;CommentsClose CommentsPermalink





(D) provide technical assistance to State and local governments to assist with green infrastructure projects;CommentsClose CommentsPermalink





(E) collaborate with institutions of higher education and private and public organizations in the geographic region in which the center is located on green infrastructure research and technical assistance projects;CommentsClose CommentsPermalink





(F) assist institutions of higher education, secondary schools, and vocational schools to develop green infrastructure curricula;CommentsClose CommentsPermalink





(G) provide training about green infrastructure to institutions of higher education and professional schools;CommentsClose CommentsPermalink





(H) evaluate regulatory and policy issues about green infrastructure; andCommentsClose CommentsPermalink





(I) coordinate with the other centers to avoid duplication of efforts.CommentsClose CommentsPermalink





(b) Application- To be eligible to receive a grant under this section, an eligible institution shall prepare and submit to the Administrator an application at such a time, in such form, and containing such information and assurances as the Administrator may require.CommentsClose CommentsPermalink





(c) National Electronic Clearinghouse Center- One of the centers established under section (a)(1) shall be designated and known as the ‘national electronic clearinghouse center’ and shall, in addition to its other functions--CommentsClose CommentsPermalink





(1) develop, operate, and maintain a Web site and a public database, containing information relating to green infrastructure; andCommentsClose CommentsPermalink





(2) post information from the centers to the Web site.CommentsClose CommentsPermalink

SEC. 4. GREEN INFRASTRUCTURE GRANTS.

(a) Grant Authority- The Administrator shall make grants on a competitive basis to eligible entities to carry out green infrastructure projects in accordance with this section.CommentsClose CommentsPermalink





(b) Green Infrastructure Projects-CommentsClose CommentsPermalink





(1) PLANNING AND DEVELOPMENT GRANTS- The Administrator may make planning and development grants under this section for the following projects:CommentsClose CommentsPermalink





(A) Planning and designing green infrastructure projects, including engineering surveys, landscape plans, and implementation plans.CommentsClose CommentsPermalink





(B) Identifying and developing standards and revisions to local zoning, building, or other local codes necessary to accommodate green infrastructure projects.CommentsClose CommentsPermalink





(C) Identifying and developing fee structures to provide financial support for design, installation, and operations and maintenance of green infrastructure.CommentsClose CommentsPermalink





(D) Developing training and educational materials about green infrastructure for distribution to both those with applicable technical knowledge and the public in general.CommentsClose CommentsPermalink





(E) Developing a green infrastructure portfolio standard program described in section 5(e).CommentsClose CommentsPermalink





(2) IMPLEMENTATION GRANTS- The Administrator may make implementation grants under this section for the following projects:CommentsClose CommentsPermalink





(A) Installing green infrastructure.CommentsClose CommentsPermalink





(B) Monitoring and evaluating the environmental, economic, or social benefits of green infrastructure.CommentsClose CommentsPermalink





(C) Implementing a best practices standard for a green infrastructure program.CommentsClose CommentsPermalink





(D) Implementing a green infrastructure portfolio standard program described in section 5(e).CommentsClose CommentsPermalink





(c) Application- Except as otherwise provided, to be eligible to receive a grant under this section, an eligible entity shall prepare and submit to the Administrator an application at such time, in such form, and containing such information and assurances as the Administrator may require, that includes, where applicable--CommentsClose CommentsPermalink





(1) a description of the green infrastructure project;CommentsClose CommentsPermalink





(2) a plan for monitoring the impacts of the green infrastructure project on the water quality and quantity;CommentsClose CommentsPermalink





(3) an evaluation of other environmental, economic, or social benefits of the green infrastructure project; andCommentsClose CommentsPermalink





(4) a plan for the long-term operation and maintenance of the green infrastructure project.CommentsClose CommentsPermalink





(d) Additional Requirement for Green Infrastructure Portfolio Standard Project- A State applying for a grant for a green infrastructure portfolio standard program described in section 5(e) shall prepare and submit a schedule of increasing minimum percentages of the annual water to be managed using green infrastructure under the program.CommentsClose CommentsPermalink





(e) Priority- In making grants under this section, the Administrator shall give priority to applications--CommentsClose CommentsPermalink





(1) submitted from a community--CommentsClose CommentsPermalink





(A) that--CommentsClose CommentsPermalink





(i) has combined storm and sanitary sewers in its collection system; orCommentsClose CommentsPermalink





(ii) is low-income or disadvantaged as determined by the Administrator; orCommentsClose CommentsPermalink





(2) submitted from an eligible entity that will use 10 percent of the grant provided for a low-income or disadvantaged community as determined by the Administrator.CommentsClose CommentsPermalink





(f) Grant Limitation-CommentsClose CommentsPermalink





(1) PLANNING AND DEVELOPMENT GRANT- The Administrator may not make a planning and development grant under this section in an amount that exceeds $200,000. The Administrator may not make planning and development grants of more than $100,000,000, in the aggregate, in each fiscal year.CommentsClose CommentsPermalink





(2) IMPLEMENTATION GRANT- The Administrator may not make an implementation grant under this section in an amount that exceeds $3,000,000. The Administrator may not make implementation grants of more than $200,000,000, in the aggregate, in each fiscal year.CommentsClose CommentsPermalink





(g) Federal Share-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided under paragraph (3), the Federal share of a grant provided under this section may not exceed 65 percent of the total project cost.CommentsClose CommentsPermalink





(2) CREDIT FOR IMPLEMENTATION GRANT- The Administrator shall credit toward the non-Federal share of the cost of an implementation project carried out under this section the cost of planning, design, and construction work completed for the project with funds other than funds provided under this Act.CommentsClose CommentsPermalink





(3) EXCEPTION- The Administrator may waive the Federal share limitation under paragraph (1) for an eligible entity that has adequately demonstrated financial need.CommentsClose CommentsPermalink

SEC. 5. ENVIRONMENTAL PROTECTION AGENCY GREEN INFRASTRUCTURE PROGRAM.

(a) Establishment- The Administrator shall establish within the Office of Water of the Agency a green infrastructure program, the purpose of which is to coordinate and promote the use of green infrastructure and to integrate green infrastructure into permitting programs.CommentsClose CommentsPermalink





(b) Duties- The Administrator shall carry out the green infrastructure program by--CommentsClose CommentsPermalink





(1) promoting the use of green infrastructure in the programs of the Agency; andCommentsClose CommentsPermalink





(2) coordinating efforts to increase the use of green infrastructure with other Federal agencies, State and local governments, and the private sector.CommentsClose CommentsPermalink





(c) Regional Implementation of Green Infrastructure Program- The Administrator shall direct each regional office of the Agency to develop a program to promote and integrate the use of green infrastructure within the region that includes--CommentsClose CommentsPermalink





(1) a plan for monitoring, financing, and designing the green infrastructure;CommentsClose CommentsPermalink





(2) outreach and training on green infrastructure implementation for State and local governments and the private sector; andCommentsClose CommentsPermalink





(3) the incorporation of green infrastructure into permitting and other regulatory programs, codes, and ordinance development, including the requirements under consent decrees and settlement agreements in enforcement actions.CommentsClose CommentsPermalink





(d) Green Infrastructure Compliance Assistance Center- The Administrator shall create a compliance assistance center, including a Web site, to share information with and provide technical assistance to State and local governments, the private sector, and the public about green infrastructure approaches to reducing water pollution, protecting water resources, complying with regulatory requirements, and achieving other environmental, public health, and community goals.CommentsClose CommentsPermalink





(e) Green Infrastructure Portfolio Standard- The Administrator, in collaboration with State and local water resource managers, shall establish measurable goals, to be known as the ‘green infrastructure portfolio standard’, to increase the percentage of annual water managed by eligible entities that uses green infrastructure.CommentsClose CommentsPermalink

SEC. 6. REPORT TO CONGRESS.

Before the end of fiscal year 2014, the Administrator shall submit to Congress a report that includes the following:CommentsClose CommentsPermalink





(1) A description of all grants made under this Act and a detailed description of the projects supported and their outcomes.CommentsClose CommentsPermalink





(2) A description of the improvements in technology, environmental benefits, resources conserved, efficiencies, and other benefits of the projects funded under this Act.CommentsClose CommentsPermalink





(3) Recommendations on improvements to promote and support green infrastructure for the centers, grants, and programs under this Act.CommentsClose CommentsPermalink





(4) A description of the existing challenges concerning the use of green infrastructure.CommentsClose CommentsPermalink

SEC. 7. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink





(2) AGENCY- The term ‘Agency’ means the Environmental Protection Agency.CommentsClose CommentsPermalink





(3) CENTER- The term ‘center’ means a center of excellence for green infrastructure established under section 3(a).CommentsClose CommentsPermalink





(4) ELIGIBLE ENTITY- The term ‘eligible entity’ means--CommentsClose CommentsPermalink





(A) a State or local government; orCommentsClose CommentsPermalink





(B) a local, regional, or other entity that manages stormwater, water resources, or waste water resources.CommentsClose CommentsPermalink





(5) ELIGIBLE INSTITUTION-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘eligible institution’ means an institution of higher education, or a research institution, that has demonstrated excellence in green infrastructure by--CommentsClose CommentsPermalink





(i) conducting research on green infrastructure to determine how it reduces municipal stormwater runoff, enhances and protects drinking water sources, and improves water quality;CommentsClose CommentsPermalink





(ii) developing and disseminating information about how an organization can use green infrastructure;CommentsClose CommentsPermalink





(iii) providing technical assistance to an organization for a green infrastructure project;CommentsClose CommentsPermalink





(iv) developing best practices standards for green infrastructure;CommentsClose CommentsPermalink





(v) providing job training in green infrastructure;CommentsClose CommentsPermalink





(vi) developing course curricula for elementary schools, secondary schools, institutions of higher education, and vocational schools;CommentsClose CommentsPermalink





(vii) training students in green infrastructure; orCommentsClose CommentsPermalink





(viii) providing information to the Federal Government or State and local governments about the implementation of green infrastructure.CommentsClose CommentsPermalink





(B) ADDITIONAL DEFINITIONS- For purposes of subparagraph (A):CommentsClose CommentsPermalink





(i) ELEMENTARY SCHOOL- The term ‘elementary school’ has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).CommentsClose CommentsPermalink





(ii) INSTITUTION OF HIGHER EDUCATION- The term ‘institution of higher education’ has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).CommentsClose CommentsPermalink





(iii) RESEARCH INSTITUTION- The term ‘research institution’ means an entity that is--CommentsClose CommentsPermalink





(I) described in section 501(c)(3) of the Internal Revenue Code of 1986;CommentsClose CommentsPermalink





(II) exempt from tax under section 501(a) of the Internal Revenue Code of 1986; andCommentsClose CommentsPermalink





(III) organized and operated for research purposes.CommentsClose CommentsPermalink





(iv) SECONDARY SCHOOL- The term ‘secondary school’ has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).CommentsClose CommentsPermalink





(6) GREEN INFRASTRUCTURE- The term ‘green infrastructure’--CommentsClose CommentsPermalink





(A) means any stormwater management technique that preserves, restores, enhances, or mimics natural hydrology;CommentsClose CommentsPermalink





(B) includes methods that promote absorption, uptake, percolation, evapotranspiration, and filtration by soil and plant life; orCommentsClose CommentsPermalink





(C) includes the preservation or restoration of--CommentsClose CommentsPermalink





(i) natural topography, including hills, plains, ravines, and shorelines;CommentsClose CommentsPermalink





(ii) ecology, including forests, grasslands, and deserts;CommentsClose CommentsPermalink





(iii) bodies of water, including lakes, flood plains, headwaters, and wetlands; andCommentsClose CommentsPermalink





(iv) native soil characteristics of composition, structure, and transmissivity.CommentsClose CommentsPermalink





(7) STATE- The term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.CommentsClose CommentsPermalink

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

(a) Centers of Excellence for Green Infrastructure- There is authorized to be appropriated to carry out section 3, $25,000,000 for each of fiscal years 2011 through 2014.CommentsClose CommentsPermalink





(b) Green Infrastructure Grants- There is authorized to be appropriated to carry out section 4, $300,000,000 for each of fiscal years 2011 through 2014.CommentsClose CommentsPermalink





(c) Environmental Protection Agency Green Infrastructure Program- There is authorized to be appropriated to carry out section 5, $25,000,000 for each of fiscal years 2011 through 2014.CommentsClose CommentsPermalink