Green Infrastructure for Clean Water Act of 2009 - Requires the Administrator of the Environmental Protection Agency (EPA) to make competitive grants to eligible higher education institutions and research institutions to establish and maintain between three and five centers of excellence for green infrastructure. Defines "green infrastructure" as a stormwater management technique that preserves, restores, enhances, or mimics natural hydrology.
Establishes the duties of each center, including: (1) researching green infrastructure; (2) developing manuals and setting industry standards on best management practices relating to state, local, and commercial green infrastructure; (3) providing information about its research and manuals to the national electronic clearinghouse center; (4) providing technical assistance and training on green infrastructure; and (5) evaluating regulatory and policy issues about green infrastructure.
Requires one of the centers to be designated as the national electronic clearinghouse center, which shall, in addition to its other duties, operate a website and a public database on green infrastructure.
Requires the Administrator to make competitive grants to eligible entities that manage stormwater, water resources, or waste water resources to: (1) plan and design and install green infrastructure projects; (2) develop standards and revisions to local zoning, building, or other local codes necessary to accommodate such projects; (3) develop fee structures to provide financial support for green infrastructure; (4) develop training and educational materials about green infrastructure; (5) develop and implement a green infrastructure portfolio standard program; (6) monitor and evaluate the environmental, economic, or social benefits of green infrastructure; and (7) implement a best practices standard for a green infrastructure program. Requires the Administrator to give priority to applications from: (1) a community that has combined storm and sanitary sewers in its collection system or is low-income or disadvantaged; or (2) an eligible entity that will use 10% of the grant for a low-income or disadvantaged community.
Requires the Administrator to: (1) establish within EPA's Office of Water a green infrastructure program to coordinate and promote the use of green infrastructure and to integrate green infrastructure into the permitting programs; (2) direct each EPA regional office to develop a program to promote and integrate the use of green infrastructure within the region; (3) create a green infrastructure compliance assistance center; and (4) 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.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4202 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 4202
To establish centers of excellence for green infrastructure, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 3, 2009
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 concerned
_______________________________________________________________________
A BILL
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 2009''.
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 and 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; and
(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 section (a)(1) shall be designated and known as the
``national electronic clearinghouse center'' and shall, in addition to
its other functions--
(1) develop, operate, and maintain a Web site and a public
database, containing information relating to green
infrastructure; and
(2) post information from the centers to the Web site.
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
projects.
(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 program.
(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, where applicable--
(1) a description of the green infrastructure project;
(2) a plan for monitoring the impacts of the green
infrastructure project on the 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 project.
(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.
(e) Priority.--In making grants under this section, the
Administrator shall give priority to applications--
(1) submitted from a community--
(A) that--
(i) has combined storm and sanitary sewers
in its collection system; or
(ii) is low-income or disadvantaged as
determined by the Administrator; or
(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.
(f) Grant Limitation.--
(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.
(g) Federal Share.--
(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 financial need.
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.
(b) Duties.--The Administrator shall carry out the green
infrastructure program by--
(1) promoting the use of green infrastructure in the
programs of the Agency; and
(2) coordinating 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 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--
(1) a plan for monitoring, financing, and designing the
green infrastructure;
(2) outreach and training on green infrastructure
implementation for State and local governments 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, 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 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.
SEC. 6. REPORT TO CONGRESS.
Before the end of fiscal year 2014, 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 infrastructure.
SEC. 7. DEFINITIONS.
In this Act:
(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 infrastructure
project;
(iv) developing best practices standards
for green infrastructure;
(v) providing job training in green
infrastructure;
(vi) developing course curricula for
elementary schools, secondary schools,
institutions of higher education, and
vocational schools;
(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 1986;
(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; or
(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 wetlands; 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.
(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.
(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.
(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.
<all>
Introduced in House
Introduced in House
Referred to House Transportation and Infrastructure
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 concerned.
Referred to House Science and Technology
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Energy and Environment.
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