H. R. 2030
To establish centers of excellence for green infrastructure, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 26, 2011
Ms. EDWARDS (for herself, Mr. CARNAHAN, Ms. LEE of California, Mr. GRIJALVA,
Ms. HIRONO, Mr. STARK, Ms. MOORE, Mr. MORAN, Mr. CLEAVER, Mr. TONKO, Ms. PINGREE
of Maine, Mr. HOLT, Mr. VAN HOLLEN, Ms. SCHAKOWSKY, Mr. PRICE of North Carolina,
and Mr. MCGOVERN) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the Committee
on Science, Space, 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 concerned
To establish centers of excellence for green infrastructure, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Green Infrastructure for Clean Water Act of
SEC. 2. FINDINGS.
Congress finds the following:
(1) Many water resources in the United States are declining, particularly
in urban areas.
(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.
(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.
SEC. 3. CENTERS OF EXCELLENCE FOR GREEN INFRASTRUCTURE.
(a) Establishment of Centers-
(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.
(2) GENERAL OPERATION- Each center shall--
(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;
(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;
(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, State and local governments,
and the private sector about green infrastructure;
(D) provide technical assistance to State and local governments to assist
with green infrastructure projects;
(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;
(F) assist institutions of higher education, secondary schools, and vocational
schools to develop green infrastructure curricula;
(G) provide training about green infrastructure to institutions of higher
education and professional schools;
(H) evaluate regulatory and policy issues about green infrastructure;
(I) coordinate with the other centers to avoid duplication of efforts.
(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.
(c) National Electronic Clearinghouse Center- One of the centers established
under subsection (a)(1) shall be designated as the `national electronic clearinghouse
center' and, in addition to its other functions, shall develop, operate, and
maintain a Web site and a public database containing information relating
to green infrastructure, including information received from the other centers
under subsection (a)(2)(C).
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.
(b) Green Infrastructure Projects-
(1) PLANNING AND DEVELOPMENT GRANTS- The Administrator may make planning
and development grants under this section for the following projects:
(A) Planning and designing green infrastructure projects, including engineering
surveys, landscape plans, and implementation plans.
(B) Identifying and developing standards and revisions to local zoning,
building, or other local codes necessary to accommodate green infrastructure
(C) Identifying and developing fee structures to provide financial support
for design, installation, and operations and maintenance of green infrastructure.
(D) Developing training and educational materials about green infrastructure
for distribution to both those with applicable technical knowledge and
the public in general.
(E) Developing a green infrastructure portfolio standard program described
in section 5(e).
(2) IMPLEMENTATION GRANTS- The Administrator may make implementation grants
under this section for the following projects:
(A) Installing green infrastructure.
(B) Monitoring and evaluating the environmental, economic, or social benefits
of green infrastructure.
(C) Implementing a best practices standard for a green infrastructure
(D) Implementing a green infrastructure portfolio standard program described
in section 5(e).
(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,
(1) a description of the green infrastructure project;
(2) a plan for monitoring the impacts of the green infrastructure project
on water quality and quantity;
(3) an evaluation of other environmental, economic, or social benefits of
the green infrastructure project; and
(4) a plan for the long-term operation and maintenance of the green infrastructure
(d) Additional Requirement for Green Infrastructure Portfolio Standard Program-
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.
(e) Priority- In making grants under this section, the Administrator shall
give priority to applications submitted from--
(A) has combined storm and sanitary sewers in its collection system; or
(B) is low-income or disadvantaged as determined by the Administrator;
(2) an eligible entity that will use 10 percent of the grant provided for
a low-income or disadvantaged community as determined by the Administrator.
(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.
(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.
(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.
(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.
(3) EXCEPTION- The Administrator may waive the Federal share limitation
under paragraph (1) for an eligible entity that has adequately demonstrated
SEC. 5. ENVIRONMENTAL PROTECTION AGENCY GREEN INFRASTRUCTURE PROGRAM.
(a) In General- The Administrator shall ensure that the Office of Water, the
Office of Enforcement and Compliance, the Office of Research and Development,
and the Office of Policy promote the use of green infrastructure and coordinate
the integration of green infrastructure into permitting programs, planning
efforts, research, technical assistance, and funding guidance.
(b) Duties- The Administrator shall ensure that the Office of Water--
(1) promotes the use of green infrastructure in the programs of the Agency;
(2) coordinates efforts to increase the use of green infrastructure with
other Federal agencies, State and local governments, and the private sector.
(c) Regional Implementation of Green Infrastructure- The Administrator shall
direct each regional office of the Agency, where appropriate based on local
factors, to promote and integrate the use of green infrastructure within the
region, including developing--
(1) a plan for monitoring, financing, and designing the green infrastructure;
(2) outreach and training on green infrastructure implementation for State
and local governments, tribal communities, and the private sector; and
(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.
(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, tribal
communities, 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.
(e) Green Infrastructure Portfolio Standard- The Administrator, in collaboration
with State, tribal, and local government water resource managers, shall establish
measurable goals, to be known as the `green infrastructure portfolio standard',
to increase annually the percentage of water managed by eligible entities
that use green infrastructure.
SEC. 6. REPORT TO CONGRESS.
Before the end of fiscal year 2016, the Administrator shall submit to Congress
a report that includes the following:
(1) A description of all grants made under this Act and a detailed description
of the projects supported and their outcomes.
(2) A description of the improvements in technology, environmental benefits,
resources conserved, efficiencies, and other benefits of the projects funded
under this Act.
(3) Recommendations on improvements to promote and support green infrastructure
for the centers, grants, and programs under this Act.
(4) A description of the existing challenges concerning the use of green
SEC. 7. DEFINITIONS.
(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the
Environmental Protection Agency.
(2) AGENCY- The term `Agency' means the Environmental Protection Agency.
(3) CENTER- The term `center' means a center of excellence for green infrastructure
established under section 3(a).
(4) ELIGIBLE ENTITY- The term `eligible entity' means--
(A) a State or local government; or
(B) a local, regional, or other entity that manages stormwater, water
resources, or waste water resources.
(5) ELIGIBLE INSTITUTION-
(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--
(i) conducting research on green infrastructure to determine how it
reduces municipal stormwater runoff, enhances and protects drinking
water sources, and improves water quality;
(ii) developing and disseminating information about how an organization
can use green infrastructure;
(iii) providing technical assistance to an organization for a green
(iv) developing best practices standards for green infrastructure;
(v) providing job training in green infrastructure;
(vi) developing course curricula about green infrastructure for elementary
schools, secondary schools, institutions of higher education, and vocational
(vii) training students in green infrastructure; or
(viii) providing information to the Federal Government or State and
local governments about the implementation of green infrastructure.
(B) ADDITIONAL DEFINITIONS- For purposes of subparagraph (A):
(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).
(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).
(iii) RESEARCH INSTITUTION- The term `research institution' means an
entity that is--
(I) described in section 501(c)(3) of the Internal Revenue Code of
(II) exempt from tax under section 501(a) of the Internal Revenue
Code of 1986; and
(III) organized and operated for research purposes.
(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).
(6) GREEN INFRASTRUCTURE- The term `green infrastructure'--
(A) means any stormwater management technique that preserves, restores,
enhances, or mimics natural hydrology;
(B) includes methods that promote absorption, uptake, percolation, evapotranspiration,
and filtration by soil and plant life; and
(C) includes the preservation or restoration of--
(i) natural topography, including hills, plains, ravines, and shorelines;
(ii) ecology, including forests, grasslands, and deserts;
(iii) bodies of water, including lakes, flood plains, headwaters, and
(iv) native soil characteristics of composition, structure, and transmissivity.
(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.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
For each of fiscal years 2013 through 2016, there is authorized to be appropriated
to the Administrator--
(1) to carry out section 3, $25,000,000;
(2) to carry out section 4, $300,000,000; and
(3) to carry out section 5, $25,000,000.