[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.
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