113 S2457 IS: Highway Runoff Management Act
U.S. Senate
2014-06-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the Highway Runoff Management Act
.
2.Federal-aid highway runoff management
(a)
Chapter 3 of title 23, United States Code, is amended by adding at the end the following:
330.
Federal-aid highway runoff management program
(a)
In this section, the following definitions apply:
(1)
The term covered project means a reconstruction, rehabilitation, reconfiguration, renovation, major resurfacing, or new
construction project on
a Federal-aid highway carried out under this title that results in—
(A)
a 10-percent or greater increase in impervious surface of the aerial extent within the
right-of-way of the project limit on a Federal-aid highway or associated
facility; or
(B)
an increase of 1 acre or more in impervious surface coverage.
(2)
The term erosive force means the flowrate within a stream or channel in which channel bed or bank material becomes
detached, which in most
cases is less than or equal to
the flowrate produced by the 2-year storm event.
(3)
The term highway runoff , with respect to a Federal-aid highway, associated facility, or management measure retrofit
project, means a discharge of peak flow rate or volume of runoff that
exceeds
flows generated under preproject conditions.
(4)
The term impacted hydrology means stormwater runoff generated from all areas within the site limits of a covered project.
(5)
The term management measure means a program, structural or nonstructural management practice, operational procedure, or
policy on or off the project site that is intended to prevent, reduce, or
control highway runoff.
(b)
State highway stormwater management programs
(1)
Not later than 1 year after the date of enactment of this section, each State shall—
(A)
develop a process for analyzing the erosive force of highway runoff generated from covered
projects; and
(B)
apply management measures to maintain or restore impacted hydrology
associated with highway runoff from covered projects.
(2)
The management measures established under paragraph (1) may include, as the State determines to be
appropriate,
management measures that—
(A)
minimize the erosive force of highway runoff from a covered project on a channel bed or bank of
receiving water by managing highway runoff within the area of the covered
project;
(B)
manage impacted hydrology in such a manner that the highway runoff generated by a covered project
is below the erosive force flow and volume;
(C)
to the maximum extent practicable, seek to address the impact of the erosive force of hydrologic
events that have the potential to
create or exacerbate downstream channel erosion, including excess pier and
abutment scour at bridges and channel downcutting and bank failure of
streams adjacent to highway embankments;
(D)
ensure that the highway runoff from the post-construction condition does not increase the
risk
of channel erosion relative to the preproject condition; and
(E)
employ simplified approaches to determining the erosive force of highway runoff generated from
covered projects, such as a regionalized
analysis of streams within a State.
(c)
(1)
Not later than 180 days after the date of enactment of this section, the Secretary, in consultation
with the heads of other relevant Federal agencies, shall publish guidance
to assist
States in carrying out this section.
(2)
The guidance shall include guidelines and technical assistance for the establishment of State
management measures that will be used to assist in avoiding, minimizing,
and managing highway runoff from covered projects, including guidelines to
help States integrate the planning, selection, design, and long-term
operation and maintenance of management measures consistent with the
design
standards in the overall project planning process.
(3)
The Secretary, in consultation with the heads of other relevant Federal agencies, shall—
(A)
review the management measures program of each State; and
(B)
approve such a program, if the program meets the requirements of subsection (b).
(4)
Not later than 5 years after the date of publication of the guidance under this subsection, and not
less frequently than once every 5 years thereafter—
(A)
the Secretary, in consultation with the heads of other relevant Federal agencies, shall update
the guidance, as applicable; and
(B)
each State, as applicable, shall update the management measures program of the State in accordance
with the updated guidance.
(d)
(1)
Except as provided in paragraph (2)(A), each State shall submit to the Secretary an annual report
that describes the activities carried out under the highway
stormwater management program of the State, including a description of any
reductions
of stormwater runoff achieved as a result of covered projects carried out
by the
State after the date of enactment of this section.
(2)
Reporting requirements under permit
(A)
A State shall not be required to submit an annual report described in paragraph (1) if the State—
(i)
is operating Federal-aid highways in the State in a post-construction condition in accordance with
a permit issued under the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.);
(ii)
is subject to an annual reporting requirement under such a permit (regardless of whether the
permitting authority is a Federal or State agency); and
(iii)
carries out a covered project with respect to a Federal-aid highway in the State described in
clause (i).
(B)
A Federal or State permitting authority that receives an annual report described in subparagraph
(A)(ii) shall, on receipt of such a report, transmit a copy of the report
to the Secretary.
.
(b)
The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the
following:
330. Federal-aid highway runoff management program.
.