Innovative Stormwater Infrastructure Act of 2013 - Requires the Administrator of the Environmental Protection Agency (EPA) to provide competitive grants to eligible higher education institutions and research institutions to establish and maintain between three and five centers of excellence for innovative stormwater control infrastructure. Defines "innovative stormwater control infrastructure" to mean any stormwater management technique that: (1) uses natural systems or engineered systems that mimic natural processes to infiltrate, evapotranspire, or capture stormwater; and (2) preserves, enhances, or mimics natural hydrology to protect or restore water quality.
Establishes the duties of each center, including: (1) researching innovative stormwater control infrastructure; (2) developing manuals and establishing industry standards on best management practices relating to state, tribal, local, and commercial innovative stormwater control infrastructure; (3) developing and administering testing and evaluation protocols to measure and verify the performance of stormwater infrastructure products and practices; (4) providing information about its research, manuals, and testing and evaluation to the national electronic clearinghouse center; (5) providing technical assistance and training on infrastructure; and (6) evaluating regulatory and policy issues relating to 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 such infrastructure.
Requires the Administrator to provide competitive grants to eligible entities that manage stormwater, water resources, or waste water resources to: (1) plan, design, and install such 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 such infrastructure; (4) develop training and educational materials regarding such infrastructure; (5) develop and implement an innovative stormwater control infrastructure portfolio standard program; (6) protect or restore interconnected networks of natural areas that protect water quality; (7) monitor and evaluate the environmental, economic, or social benefits of such infrastructure; and (8) implement a best practices standard. 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 at least 10% of the grant for a low-income or disadvantaged community.
Requires the Administrator to: (1) ensure that EPA's Office of Water, Office of Enforcement and Compliance, Office of Research and Development, and Office of Policy promote the use of such infrastructure in, and coordinate its integration into, permitting programs, planning efforts, research, technical assistance, and funding guidance; (2) ensure that the Office of Water supports establishing innovative financing mechanisms in the implementation of such infrastructure; (3) direct each EPA regional office to promote and integrate the use of such infrastructure within the region; (4) promote information-sharing with state, tribal, and local governments, tribal communities, the private sector, and the public regarding innovative stormwater control infrastructure approaches for reducing water pollution, protecting water resources, complying with regulatory requirements, and achieving other environmental, public health, and community goals; and (5) establish voluntary, measurable goals, to be known as the innovative stormwater control infrastructure portfolio standard, to increase the percentage of annual water managed by eligible entities that use such infrastructure.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3449 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3449
To establish centers of excellence for innovative stormwater control
infrastructure, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 12, 2013
Ms. Edwards (for herself, Mr. Levin, Ms. Norton, Ms. Moore, Mr. Moran,
Mr. Cardenas, Ms. DeGette, Mr. Blumenauer, Mr. Dingell, Mr. Price of
North Carolina, Mr. Sarbanes, Mr. Rush, Mrs. Napolitano, Mr. Delaney,
Ms. Chu, Mr. Honda, Ms. Esty, Ms. Shea-Porter, and Mr. Cartwright)
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
_______________________________________________________________________
A BILL
To establish centers of excellence for innovative stormwater control
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 ``Innovative Stormwater Infrastructure
Act of 2013''.
SEC. 2. FINDINGS.
Congress finds that--
(1) many water resources in the United States are
declining, particularly in urban and agricultural areas;
(2) the decline of water resources is the result of--
(A) an increase in population, water consumption,
and impermeable surfaces; and
(B) the negative effects of urbanization,
commercial and industrial activities, and increasing
and persistent droughts; and
(3) an October 2008 study by the National Research Council
found that some of the benefits of innovative stormwater
control infrastructure include--
(A) increased water supplies;
(B) the creation of jobs;
(C) cost savings; and
(D) a reduction of stormwater runoff, surface water
discharge, stormwater pollution, and stormwater flows
to protect and restore natural hydrology, meeting local
conditions to the maximum extent feasible.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Center.--The term ``center'' means a center of
excellence for innovative stormwater control infrastructure
established under section 4(a).
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a State, tribal, or local government; or
(B) a local, regional, or other entity that manages
stormwater, drinking water resources, or waste water
resources.
(4) Eligible institution.--
(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 innovative stormwater
control infrastructure by--
(i) conducting research on innovative
stormwater control infrastructure to determine
the means by which innovative infrastructure
reduces stormwater runoff, enhances and
protects drinking water sources, and improves
water quality;
(ii) developing and disseminating
information regarding the means by which an
organization can use innovative stormwater
control infrastructure;
(iii) providing technical assistance to an
organization for an innovative stormwater
control infrastructure project;
(iv) developing best practices standards
for innovative stormwater control
infrastructure;
(v) providing job training relating to
innovative stormwater control infrastructure;
(vi) developing course curricula for--
(I) elementary schools (as defined
in section 9101 of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 7801));
(II) secondary schools (as defined
in that section);
(III) institutions of higher
education (as defined in section 101 of
the Higher Education Act of 1965 (20
U.S.C. 1001)); or
(IV) vocational schools;
(vii) training students regarding
innovative stormwater control infrastructure;
or
(viii) providing information to the Federal
Government or State, tribal, and local
governments regarding the implementation of
innovative stormwater control infrastructure.
(B) Associated definition.--For purposes of
subparagraph (A), 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.
(5) 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)).
(6) State.--The term ``State'' means--
(A) each of the several States of the United
States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(7) Innovative stormwater control infrastructure.--
(A) In general.--The term ``innovative stormwater
control infrastructure'' means any green infrastructure
stormwater management technique that--
(i) uses natural systems or engineered
systems that mimic natural processes to
infiltrate, evapotranspire, or capture
stormwater; and
(ii) preserves, enhances, or mimics natural
hydrology to protect or restore water quality.
(B) Inclusions.--The term ``innovative stormwater
control infrastructure'' includes--
(i) methods that promote absorption,
uptake, percolation, evapotranspiration, and
filtration by soil and plant life; and
(ii) the preservation or restoration of--
(I) natural topography, including
hills, plains, ravines, and shorelines;
(II) interconnected networks of
natural land that protect essential
ecological functions critical for water
quality;
(III) ecological function,
including forests, grasslands, and
deserts;
(IV) bodies of water, including
lakes, flood plains, headwaters, and
wetlands; and
(V) native soil characteristics of
composition, structure, and
transmissivity.
SEC. 4. CENTERS OF EXCELLENCE FOR INNOVATIVE STORMWATER CONTROL
INFRASTRUCTURE.
(a) Establishment of Centers.--
(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 innovative stormwater control infrastructure, to
be located in various regions throughout the United States.
(2) General operation.--Each center shall--
(A) conduct research on innovative stormwater
control 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;
(B) develop manuals and establish industry
standards on best management practices relating to
State, tribal, local, and commercial innovative
stormwater control infrastructure for use by State,
tribal, and local governments and the private sector;
(C) develop and administer testing and evaluation
protocols to measure and verify the performance of
stormwater infrastructure products and practices;
(D) provide information regarding research
conducted under subparagraph (A), manuals developed
under subparagraph (B), and testing and evaluation
performed under subparagraph (C) 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 innovative stormwater control
infrastructure;
(E) provide technical assistance to State, tribal,
and local governments to assist with the construction,
operation, and maintenance of innovative stormwater
control infrastructure projects;
(F) collaborate with institutions of higher
education and private and public organizations in the
geographical region in which the center is located on
innovative stormwater control infrastructure research
and technical assistance projects;
(G) assist institutions of higher education,
secondary schools, and vocational schools to develop
innovative stormwater control infrastructure curricula;
(H) provide training regarding innovative
stormwater control infrastructure to institutions of
higher education and professional schools;
(I) evaluate regulatory and policy issues relating
to innovative stormwater control infrastructure; and
(J) 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 as the Administrator may require.
(c) National Electronic Clearinghouse Center.--Of the centers
established under subsection (a)(1), 1 shall--
(1) be designated as the ``national electronic
clearinghouse center''; and
(2) in addition to the other functions of that center--
(A) develop, operate, and maintain an Internet
website and a public database that contain information
relating to innovative stormwater control
infrastructure; and
(B) post to the website information from all
centers.
SEC. 5. INNOVATIVE STORMWATER CONTROL INFRASTRUCTURE PROJECT GRANTS.
(a) Grant Authority.--The Administrator shall provide grants, on a
competitive basis, to eligible entities to carry out innovative
stormwater control infrastructure projects in accordance with this
section.
(b) Innovative Stormwater Control 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 innovative stormwater
control infrastructure projects, including engineering
surveys, landscape plans, maps, and implementation
plans.
(B) Identifying and developing standards and
revisions to local zoning, building, or other local
codes necessary to accommodate innovative stormwater
control infrastructure projects.
(C) Identifying and developing fee structures to
provide financial support for design, installation, and
operations and maintenance of innovative stormwater
control infrastructure.
(D) Developing training and educational materials
regarding innovative stormwater control infrastructure
for distribution to--
(i) individuals and entities with
applicable technical knowledge; and
(ii) the public.
(E) Developing an innovative stormwater control
infrastructure portfolio standard program described in
section 6(e).
(2) Implementation grants.--The Administrator may make
implementation grants under this section for the following
projects:
(A) Installing innovative stormwater control
infrastructure.
(B) Protecting or restoring interconnected networks
of natural areas that protect water quality.
(C) Monitoring and evaluating the environmental,
economic, or social benefits of innovative stormwater
control infrastructure.
(D) Implementing a best practices standard for an
innovative stormwater control infrastructure program.
(E) Implementing an innovative stormwater control
infrastructure portfolio standard program described in
section 6(e).
(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--
(1) a description of the innovative stormwater control
infrastructure project;
(2) a plan for monitoring the impacts of the innovative
stormwater control infrastructure project on the water quality
and quantity;
(3) an evaluation of other environmental, economic, and
social benefits of the innovative stormwater control
infrastructure project; and
(4) a plan for the long-term operation and maintenance of
the innovative stormwater control infrastructure project.
(d) Additional Requirement for Innovative Stormwater Control
Infrastructure Portfolio Standard Project.--In addition to an
application under subsection (c), a State or Indian tribe applying for
a grant for an innovative stormwater control 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 innovative stormwater control
infrastructure under the program.
(e) Priority.--In making grants under this section, the
Administrator shall give priority to applications submitted on behalf
of--
(1) a community that--
(A) has combined storm and sanitary sewers in the
collection system of the community; or
(B) is a low-income or disadvantaged community, as
determined by the Administrator; or
(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.
(f) Maximum Amounts.--
(1) Planning and development grants.--
(A) Single grant.--The amount of a single planning
and development grant provided under this section shall
be not more than $200,000.
(B) Aggregate amount.--The total amount of all
planning and development grants provided under this
section for a fiscal year shall be not more than \1/3\
of the total amount made available to carry out this
section.
(2) Implementation grants.--
(A) Single grant.--The amount of a single
implementation grant provided under this section shall
be not more than $3,000,000.
(B) Aggregate amount.--The total amount of all
implementation grants provided under this section for a
fiscal year shall be not more than \2/3\ of the total
amount made available to carry out this section.
(g) Federal Share.--
(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.
(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.
(3) Exception.--The Administrator may waive the Federal
share limitation under paragraph (1) for an eligible entity
that has adequately demonstrated financial need.
SEC. 6. ENVIRONMENTAL PROTECTION AGENCY INNOVATIVE STORMWATER CONTROL
INFRASTRUCTURE PROMOTION.
(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 of the Environmental
Protection Agency promote the use of innovative stormwater control
infrastructure in and coordinate the integration of innovative
stormwater control 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 innovative stormwater control
infrastructure in the programs of the Environmental Protection
Agency;
(2) supports establishing public-private partnerships and
other innovative financing mechanisms in the implementation of
innovative stormwater control infrastructure; and
(3) coordinates efforts to increase the use of innovative
stormwater control infrastructure with--
(A) other Federal departments and agencies;
(B) State, tribal, and local governments; and
(C) the private sector.
(c) Regional Innovative Stormwater Control Infrastructure
Promotion.--The Administrator shall direct each regional office of the
Environmental Protection Agency, as appropriate based on local factors,
to promote and integrate the use of innovative stormwater control
infrastructure within the region that includes--
(1) a plan for monitoring, financing, mapping, and
designing the innovative stormwater control infrastructure;
(2) outreach and training regarding innovative stormwater
control infrastructure implementation for State, tribal, and
local governments, tribal communities, and the private sector;
and
(3) the incorporation of innovative stormwater control
infrastructure into permitting and other regulatory programs,
codes, and ordinance development, including the requirements
under consent decrees and settlement agreements in enforcement
actions.
(d) Innovative Stormwater Control Infrastructure Information-
Sharing.--The Administrator shall promote innovative stormwater control
infrastructure information-sharing, including through an Internet
website, to share information with, and provide technical assistance
to, State, tribal, and local governments, tribal communities, the
private sector, and the public regarding innovative stormwater control
infrastructure approaches for--
(1) reducing water pollution;
(2) protecting water resources;
(3) complying with regulatory requirements; and
(4) achieving other environmental, public health, and
community goals.
(e) Innovative Stormwater Control Infrastructure Portfolio
Standard.--The Administrator, in collaboration with State, tribal, and
local water resource managers, shall establish voluntary measurable
goals, to be known as the ``innovative stormwater control
infrastructure portfolio standard'', to increase the percentage of
annual water managed by eligible entities that use innovative
stormwater control infrastructure.
SEC. 7. REPORT TO CONGRESS.
Not later than September 30, 2015, the Administrator shall submit
to Congress a report that includes, with respect to the period covered
by the report--
(1) a description of all grants provided under this Act;
(2) a detailed description of--
(A) the projects supported by those grants; and
(B) the outcomes of those projects;
(3) a description of the improvements in technology,
environmental benefits, resources conserved, efficiencies, and
other benefits of the projects funded under this Act;
(4) recommendations for improvements to promote and support
innovative stormwater control infrastructure for the centers,
grants, and activities under this Act; and
(5) a description of existing challenges concerning the use
of innovative stormwater control infrastructure.
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 2014 through 2019.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Environment.
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