S 3561 ISCommentsClose CommentsPermalink

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

June 30, 2010CommentsClose CommentsPermalink

Mr. UDALL of New Mexico (for himself and Mr. WHITEHOUSE) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose 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 2010’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





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





(2) that 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; andCommentsClose 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. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





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





(2) CENTER- The term ‘center’ means a center of excellence for green infrastructure established under section 4(a).CommentsClose CommentsPermalink





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





(A) a State, tribal, or local government; orCommentsClose CommentsPermalink





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





(4) ELIGIBLE INSTITUTION-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘eligible institution’ means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), or a research institution, that has demonstrated excellence in green infrastructure by--CommentsClose CommentsPermalink





(i) conducting research on green infrastructure to determine the means by which green infrastructure reduces stormwater runoff, enhances and protects drinking water sources, and improves water quality;CommentsClose CommentsPermalink





(ii) developing and disseminating information regarding the means by which 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 relating to green infrastructure;CommentsClose CommentsPermalink





(vi) developing course curricula for--CommentsClose CommentsPermalink





(I) elementary schools (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801));CommentsClose CommentsPermalink





(II) secondary schools (as defined in that section);CommentsClose CommentsPermalink





(III) institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); andCommentsClose CommentsPermalink





(IV) vocational schools;CommentsClose CommentsPermalink





(vii) training students regarding green infrastructure; orCommentsClose CommentsPermalink





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





(B) ASSOCIATED DEFINITION- For purposes of subparagraph (A), 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





(5) GREEN INFRASTRUCTURE-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘green infrastructure’ means any stormwater management technique that preserves, restores, enhances, or mimics natural hydrology.CommentsClose CommentsPermalink





(B) INCLUSIONS- The term ‘green infrastructure’ includes--CommentsClose CommentsPermalink





(i) methods that promote absorption, uptake, percolation, evapotranspiration, and filtration by soil and plant life; andCommentsClose CommentsPermalink





(ii) the preservation or restoration of--CommentsClose CommentsPermalink





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





(II) interconnected networks of natural land that protect essential ecological functions critical for water quality;CommentsClose CommentsPermalink





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





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





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





(6) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given the term in section 518(h) of the Federal Water Pollution Control Act (33 U.S.C. 1377(h)).CommentsClose CommentsPermalink





(7) STATE- The term ‘State’ means--CommentsClose CommentsPermalink





(A) each of the several States of the United States;CommentsClose CommentsPermalink





(B) the District of Columbia;CommentsClose CommentsPermalink





(C) the Commonwealth of Puerto Rico;CommentsClose CommentsPermalink





(D) Guam;CommentsClose CommentsPermalink





(E) American Samoa;CommentsClose CommentsPermalink





(F) the Commonwealth of the Northern Mariana Islands;CommentsClose CommentsPermalink





(G) the Federated States of Micronesia;CommentsClose CommentsPermalink





(H) the Republic of the Marshall Islands;CommentsClose CommentsPermalink





(I) the Republic of Palau; andCommentsClose CommentsPermalink





(J) the United States Virgin Islands.CommentsClose CommentsPermalink

SEC. 4. CENTERS OF EXCELLENCE FOR GREEN INFRASTRUCTURE.

(a) Establishment of Centers-CommentsClose CommentsPermalink





(1) IN GENERAL- The Administrator shall provide grants, on a competitive basis, to eligible institutions to establish and maintain not less than 3, and not more than 5, centers of excellence for green infrastructure, to be located in various regions 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 geographical 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 establish industry standards on best management practices relating to State, tribal, local, and commercial green infrastructure for use by State, tribal, and local governments and the private sector;CommentsClose CommentsPermalink





(C) provide information regarding research conducted under subparagraph (A) and manuals developed under subparagraph (B) to the national electronic clearinghouse center for publication on the Internet website established under subsection (c) to provide to the Federal Government and State, tribal, and local governments and the private sector information regarding green infrastructure;CommentsClose CommentsPermalink





(D) provide technical assistance to State, tribal, and local governments to assist with the construction, operation, and maintenance of green infrastructure projects;CommentsClose CommentsPermalink





(E) collaborate with institutions of higher education and private and public organizations in the geographical 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 regarding green infrastructure to institutions of higher education and professional schools;CommentsClose CommentsPermalink





(H) evaluate regulatory and policy issues relating to 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 as the Administrator may require.CommentsClose CommentsPermalink





(c) National Electronic Clearinghouse Center- Of the centers established under section (a)(1), 1 shall--CommentsClose CommentsPermalink





(1) be designated as the ‘national electronic clearinghouse center’; andCommentsClose CommentsPermalink





(2) in addition to the other functions of that center--CommentsClose CommentsPermalink





(A) develop, operate, and maintain an Internet website and a public database that contain information relating to green infrastructure; andCommentsClose CommentsPermalink





(B) post to the website information from all centers.CommentsClose CommentsPermalink

SEC. 5. GREEN INFRASTRUCTURE PROJECT GRANTS.

(a) Grant Authority- The Administrator shall provide 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, maps, 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 regarding green infrastructure for distribution to--CommentsClose CommentsPermalink





(i) individuals and entities with applicable technical knowledge; andCommentsClose CommentsPermalink





(ii) the public.CommentsClose CommentsPermalink





(E) Developing a green infrastructure portfolio standard program described in section 6(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) Protecting or restoring interconnected networks of natural areas that protect water quality.CommentsClose CommentsPermalink





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





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





(E) Implementing a green infrastructure portfolio standard program described in section 6(e).CommentsClose CommentsPermalink





(c) Application- Except as otherwise provided in this Act, 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 as the Administrator may require, including, as 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, and 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- In addition to an application under subsection (c), a State or Indian tribe applying for a grant for a green infrastructure portfolio standard program described in section 6(e) shall prepare and submit to the Administrator 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 submitted on behalf of--CommentsClose CommentsPermalink





(1) a community that--CommentsClose CommentsPermalink





(A) has combined storm and sanitary sewers in the collection system of the community; orCommentsClose CommentsPermalink





(B) is a low-income or disadvantaged community, as determined by the Administrator; orCommentsClose CommentsPermalink





(2) an eligible entity that will use not less than 10 percent of the grant to provide service to a low-income or disadvantaged community, as determined by the Administrator.CommentsClose CommentsPermalink





(f) Maximum Amounts-CommentsClose CommentsPermalink





(1) PLANNING AND DEVELOPMENT GRANTS-CommentsClose CommentsPermalink





(A) SINGLE GRANT- The amount of a single planning and development grant provided under this section shall be not more than $200,000.CommentsClose CommentsPermalink





(B) AGGREGATE AMOUNT- The total amount of all planning and development grants provided under this section during a fiscal year shall be not more than 1/3 of the total amount made available to carry out this section.CommentsClose CommentsPermalink





(2) IMPLEMENTATION GRANTS-CommentsClose CommentsPermalink





(A) SINGLE GRANT- The amount of a single implementation grant provided under this section shall be not more than $3,000,000.CommentsClose CommentsPermalink





(B) AGGREGATE AMOUNT- The total amount of all implementation grants provided under this section during a fiscal year shall be not more than 2/3 of the total amount made available to carry out this section.CommentsClose CommentsPermalink





(g) Federal Share-CommentsClose CommentsPermalink





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





(2) CREDIT FOR IMPLEMENTATION GRANTS- 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 using 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. 6. ENVIRONMENTAL PROTECTION AGENCY GREEN INFRASTRUCTURE PROGRAM.

(a) Establishment- The Administrator shall establish within the Office of Water of the Environmental Protection Agency a green infrastructure program, the purposes of which shall be--CommentsClose CommentsPermalink





(1) to coordinate and promote the use of green infrastructure; andCommentsClose CommentsPermalink





(2) 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 Environmental Protection Agency; andCommentsClose CommentsPermalink





(2) coordinating efforts to increase the use of green infrastructure with--CommentsClose CommentsPermalink





(A) other Federal departments and agencies;CommentsClose CommentsPermalink





(B) State, tribal, and local governments; andCommentsClose CommentsPermalink





(C) the private sector.CommentsClose CommentsPermalink





(c) Regional Implementation of Green Infrastructure Program- The Administrator shall direct each regional office of the Environmental Protection 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, mapping, and designing the green infrastructure;CommentsClose CommentsPermalink





(2) outreach and training regarding green infrastructure implementation for State, tribal, 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 establish a compliance assistance center, including a Internet website, to share information with, and provide technical assistance to, State, tribal, and local governments, the private sector, and the public regarding green infrastructure approaches for--CommentsClose CommentsPermalink





(1) reducing water pollution;CommentsClose CommentsPermalink





(2) protecting water resources;CommentsClose CommentsPermalink





(3) complying with regulatory requirements; andCommentsClose CommentsPermalink





(4) achieving other environmental, public health, and community goals.CommentsClose CommentsPermalink





(e) Green Infrastructure Portfolio Standard- The Administrator, in collaboration with State, tribal, 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 use green infrastructure.CommentsClose CommentsPermalink

SEC. 7. REPORT TO CONGRESS.

Not later than September 30, 2014, the Administrator shall submit to Congress a report that includes, with respect to the period covered by the report--CommentsClose CommentsPermalink





(1) a description of all grants provided under this Act;CommentsClose CommentsPermalink





(2) a detailed description of--CommentsClose CommentsPermalink





(A) the projects supported by those grants; andCommentsClose CommentsPermalink





(B) the outcomes of those projects;CommentsClose CommentsPermalink





(3) a description of the improvements in technology, environmental benefits, resources conserved, efficiencies, and other benefits of the projects funded under this Act;CommentsClose CommentsPermalink





(4) recommendations for improvements to promote and support green infrastructure for the centers, grants, and programs under this Act; andCommentsClose CommentsPermalink





(5) a description of existing challenges concerning the use of green infrastructure.CommentsClose CommentsPermalink

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this Act such sums as are necessary for each of fiscal years 2011 through 2014.CommentsClose CommentsPermalink