[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5876 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5876

  To amend the Federal Water Pollution Control Act to reauthorize and 
    improve activities for the protection of the Long Island Sound 
                   watershed, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2010

 Mr. Bishop of New York (for himself, Mr. King of New York, Mr. Himes, 
Mr. Murphy of Connecticut, Mr. Ackerman, Mr. Serrano, Mr. Courtney, Ms. 
DeLauro, Mr. Israel, Mr. Crowley, Mr. Engel, Mr. Hall of New York, Mrs. 
Lowey, and Mr. Olver) introduced the following bill; which was referred 
to the Committee on Transportation and Infrastructure, and in addition 
    to the Committee on the Budget, 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 amend the Federal Water Pollution Control Act to reauthorize and 
    improve activities for the protection of the Long Island Sound 
                   watershed, 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 ``Long Island Sound Improvement Act 
Amendments of 2010''.

SEC. 2. LONG ISLAND SOUND.

    (a) Duties of the Office.--Section 119(c) of the Federal Water 
Pollution Control Act (33 U.S.C. 1269(c)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (H) by striking the ``and'' at 
                the end;
                    (B) in subparagraph (I) by striking the period at 
                the end and inserting ``, and''; and
                    (C) by adding at the end the following:
                    ``(J) the impacts of climate change on the Long 
                Island Sound watershed, including--
                            ``(i) the identification and assessment of 
                        vulnerabilities in the watershed,
                            ``(ii) the development and implementation 
                        of adaptation strategies to reduce such 
                        vulnerabilities, and
                            ``(iii) the identification and assessment 
                        of the impacts of sea level rise on water 
                        quality, habitat, and infrastructure in Long 
                        Island Sound;'';
            (2) by striking paragraph (4) and inserting the following:
            ``(4) develop and implement strategies to increase public 
        education and awareness with respect to the ecological health 
        and water quality conditions of Long Island Sound;'';
            (3) in paragraph (6) by inserting after ``the public'' the 
        following: ``, including on the Internet,''; and
            (4) by striking paragraph (7) and inserting the following:
            ``(7) track the progress made towards meeting the 
        identified goals, actions, and schedules of the Comprehensive 
        Conservation and Management Plan, including through the 
        implementation and support of a monitoring system for the 
        ecological health and water quality conditions of Long Island 
        Sound; and''.
    (b) Stormwater Discharges.--Section 119 of such Act is amended--
            (1) by redesignating subsections (d), (e), and (f) as 
        subsections (j), (k), and (l), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) Stormwater Discharges.--
            ``(1) In general.--Not later than January 1, 2013, a 
        municipality that owns or operates a municipal separate storm 
        sewer system shall be required to obtain, without regard to the 
        size of the population served by the system, a permit under 
        section 402(p) for discharges composed entirely of stormwater 
        for any portion of the municipality that is located within 
        both--
                    ``(A) the Long Island Sound watershed; and
                    ``(B) an urbanized area.
            ``(2) Regional stormwater permitting.--Notwithstanding the 
        requirements of section 402(p)(3)(B)(i), and at the request of 
        applicable municipalities, permits described in paragraph (1) 
        may be issued on a regional basis.
            ``(3) Regulations.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of the Long Island Sound Improvement 
                Act Amendments of 2010, and after providing notice and 
                an opportunity for public comment, the Administrator 
                shall issue regulations to implement this subsection, 
                including regulations for permit issuance on a regional 
                basis under paragraph (2).
                    ``(B) Permit requirements.--In carrying out 
                subparagraph (A), the Administrator shall ensure that--
                            ``(i) permits held by industrial stormwater 
                        dischargers located within a region subject to 
                        a regional permit issued under paragraph (2) 
                        conform to the conditions included in the 
                        regional permit;
                            ``(ii) permits held by construction 
                        activity dischargers located within a region 
                        subject to a regional permit issued under 
                        paragraph (2) conform to the conditions 
                        included in the regional permit; and
                            ``(iii) monitoring requirements are 
                        included in a regional permit issued under 
                        paragraph (2).
            ``(4) Technical assistance.--The Administrator may provide 
        technical assistance to a municipality with respect to the 
        establishment of a regional permit issued under paragraph 
        (2).''.
    (c) Reporting Requirements.--Section 119 of such Act (as amended by 
this section) is further amended by inserting after subsection (d) the 
following:
    ``(e) Report.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Long Island Sound Improvement Act Amendments 
        of 2010, and biennially thereafter, the Director of the Office, 
        in consultation with the Governor of each Long Island Sound 
        State, shall submit to Congress a report that--
                    ``(A) summarizes and assesses the progress made by 
                the Office and the Long Island Sound States in 
                implementing the Long Island Sound Comprehensive 
                Conservation and Management Plan, including an 
                assessment of the progress made towards meeting the 
                performance goals and milestones contained in the Plan;
                    ``(B) assesses the key ecological attributes that 
                reflect the health of the ecosystem of the Long Island 
                Sound watershed;
                    ``(C) describes any substantive modifications to 
                the Long Island Sound Comprehensive Conservation and 
                Management Plan made during the 2-year period preceding 
                the date of submission of the report;
                    ``(D) provides specific recommendations to improve 
                progress in restoring and protecting the Long Island 
                Sound watershed, including, as appropriate, proposed 
                modifications to the Long Island Sound Comprehensive 
                Conservation and Management Plan;
                    ``(E) identifies priority actions for 
                implementation of the Long Island Sound Comprehensive 
                Conservation and Management Plan for the 2-year period 
                following the date of submission of the report; and
                    ``(F) describes how Federal funding and actions 
                will be coordinated with the actions of the Long Island 
                Sound States and other entities.
            ``(2) Public availability.--The Administrator shall make 
        the report described in paragraph (1) available to the public, 
        including on the Internet.
    ``(f) Annual Budget Plan.--The President, in the annual budget of 
the United States Government submitted under section 1105(a) of title 
31, United States Code, shall submit information regarding each Federal 
agency involved in the protection and restoration of the Long Island 
Sound watershed, including--
            ``(1) an interagency crosscut budget that displays for each 
        Federal agency--
                    ``(A) the amount obligated in the preceding fiscal 
                year for protection and restoration projects and 
                studies relating to the watershed;
                    ``(B) the estimated budget for the current fiscal 
                year for protection and restoration projects and 
                studies relating to the watershed; and
                    ``(C) the proposed budget for succeeding fiscal 
                years for protection and restoration projects and 
                studies relating to the watershed; and
            ``(2) a summary of any proposed modifications to the Long 
        Island Sound Comprehensive Conservation and Management Plan for 
        the succeeding fiscal year.''.
    (d) Federal Entities.--Section 119 of such Act (as amended by this 
section) is further amended by inserting after subsection (f) the 
following:
    ``(g) Federal Entities.--
            ``(1) Coordination.--The Administrator shall coordinate the 
        actions of all Federal agencies that impact water quality in 
        the Long Island Sound watershed in order to improve the water 
        quality and living resources of the watershed.
            ``(2) Methods.--The Administrator, acting through the 
        Director of the Office, may enter into interagency agreements 
        and make intergovernmental personnel appointments in carrying 
        out the duties of this section.
            ``(3) Federal participation in watershed planning.--A 
        Federal agency that owns or occupies real property, or carries 
        out activities, within the Long Island Sound watershed shall 
        participate in regional and subwatershed planning, protection, 
        and restoration activities with respect to the watershed.
            ``(4) Consistency with comprehensive conservation and 
        management plan.--
                    ``(A) In general.--To the maximum extent 
                practicable, the head of each Federal agency that owns 
                or occupies real property, or carries out activities, 
                within the Long Island Sound watershed shall ensure 
                that the property, the actions taken by the agency with 
                respect to the property, and the activities of the 
                agency are consistent with the Long Island Sound 
                Comprehensive Conservation and Management Plan, and any 
                related subsequent agreements and plans.
                    ``(B) Forested lands and riparian habitat.--Not 
                later than 2 years after the date of enactment of the 
                Long Island Sound Improvement Act Amendments of 2010, 
                the Administrator shall coordinate with the head of 
                each Federal agency that owns or occupies real property 
                within the Long Island Sound watershed to develop and 
                implement--
                            ``(i) a plan to maximize, to the extent 
                        practicable, forest cover and riparian habitat 
                        on the property; and
                            ``(ii) a plan for reforestation and 
                        riparian habitat recovery, if necessary, on the 
                        property.
                    ``(C) Stormwater management practices.--Not later 
                than 2 years after the date of enactment of the Long 
                Island Sound Improvement Act Amendments of 2010, the 
                Administrator shall coordinate with the head of each 
                Federal agency that owns or occupies real property 
                within the Long Island Sound watershed to develop and 
                implement a plan to minimize or eliminate the discharge 
                of stormwater from the property.''.
    (e) Trading Program.--Section 119 of such Act (as amended by this 
section) is further amended by inserting after subsection (g) the 
following:
    ``(h) Trading Program.--
            ``(1) Establishment.--The Administrator shall, in 
        consultation with the Governor of each Long Island Sound 
        State--
                    ``(A) not later than September 30, 2011, publish a 
                proposal for a voluntary interstate nitrogen trading 
                program with respect to Long Island Sound that includes 
                the generation, trading, and use of nitrogen credits to 
                facilitate the attainment and maintenance of the Long 
                Island Sound TMDL; and
                    ``(B) not later than March 1, 2012, establish a 
                voluntary interstate nitrogen trading program with 
                respect to Long Island Sound that includes the 
                generation, trading, and use of nitrogen credits to 
                facilitate the attainment and maintenance of the Long 
                Island Sound TMDL.
            ``(2) Requirements.--The trading program established under 
        paragraph (1) shall, at a minimum--
                    ``(A) establish procedures or standards for 
                certifying, verifying, and enforcing nitrogen credits 
                to ensure that credit-generating practices from both 
                point sources and nonpoint sources are achieving actual 
                reductions in nitrogen; and
                    ``(B) establish procedures or standards for 
                providing public transparency with respect to trading 
                activity.''.
    (f) Annual Priority List.--Section 119 of such Act (as amended by 
this section) is further amended by inserting after subsection (h) the 
following:
    ``(i) Annual Priority List.--
            ``(1) In general.--Not later than one year after the date 
        of enactment of the Long Island Sound Improvement Act 
        Amendments of 2010, and annually thereafter, the Director of 
        the Office, in consultation with the Governor of each Long 
        Island Sound State, shall compile, after providing notice, a 
        list identifying and prioritizing the activities, projects, 
        programs, and studies intended to be funded with amounts made 
        available for grants under subsection (j) during the succeeding 
        fiscal year.
            ``(2) List components.--The list compiled under paragraph 
        (1) shall include--
                    ``(A) a specification, in order of priority, of 
                activities, projects, programs, and studies that will 
                assist in meeting the goals and objectives of the Long 
                Island Sound Comprehensive Conservation and Management 
                Plan;
                    ``(B) information on the activities, projects, 
                programs, and studies specified in subparagraph (A), 
                including the potential terms of financial assistance 
                and communities to be served; and
                    ``(C) the criteria and methods established by the 
                Director of the Office, in consultation with the 
                Governor of each Long Island Sound State, for selecting 
                activities, projects, programs, and studies for grants 
                under subsection (j).
            ``(3) Approval of list.--
                    ``(A) Submission.--Not later than 15 days after 
                compiling a list under paragraph (1), the Director of 
                the Office shall submit the list to the Administrator 
                for approval.
                    ``(B) Approval.--The Administrator shall approve or 
                disapprove a list submitted under subparagraph (A) 
                based on a determination of whether the activities, 
                projects, programs, and studies specified in the list 
                are consistent with the goals and objectives of the 
                Long Island Sound Comprehensive Conservation and 
                Management Plan.
                    ``(C) Effect of disapproval.--If the Administrator 
                disapproves a list submitted under subparagraph (A), 
                the Administrator shall provide the Director of the 
                Office, in writing, a notification of and basis for the 
                disapproval and shall allow the Director of the Office 
                the opportunity for resubmission.
                    ``(D) Failure of administrator to respond.--If the 
                Administrator has not responded in writing to a list 
                submitted under subparagraph (A) by the date that is 90 
                days after the date of the submission, the list shall 
                be considered to be approved.
            ``(4) Failure to compile list.--If the Director of the 
        Office does not compile a list under paragraph (1) with respect 
        to a fiscal year, the Administrator shall compile the list for 
        that fiscal year, which--
                    ``(A) shall include a specification, in order of 
                priority, of activities, projects, programs, and 
                studies that will assist in meeting the goals and 
                objectives of the Long Island Sound Comprehensive 
                Conservation and Management Plan; and
                    ``(B) may include any activities, projects, 
                programs, and studies from previous lists compiled 
                under paragraph (1) and approved under paragraph (3) 
                that have not yet been funded with a grant under 
                subsection (j).''.
    (g) Grants.--Section 119(j) of such Act (as redesignated by 
subsection (b)(1) of this section) is amended--
            (1) by striking paragraph (2) and inserting the following:
    ``(2) Eligibility.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the Administrator is authorized to make grants under this 
        subsection to State, interstate, and regional water pollution 
        control agencies and other public and nonprofit private 
        agencies, institutions, and organizations.
            ``(B) Construction of treatment works.--
                    ``(i) In general.--The Administrator is authorized 
                to make a grant under this subsection for the 
                construction of a publicly owned treatment works within 
                a Long Island Sound State solely--
                            ``(I) to a municipal, intermunicipal, 
                        State, or interstate agency; and
                            ``(II) if the State in which the recipient 
                        agency is located has established, or the 
                        Administrator has established for the State, 
                        allocations for discharges within the State in 
                        a Long Island Sound TMDL.
                    ``(ii) Minimum funding.--To the extent practicable, 
                the Administrator shall make grants to agencies under 
                this subparagraph in a manner that ensures that each 
                Long Island Sound State receives each fiscal year not 
                less than 5 percent of the total amount made available 
                in grants under this subparagraph in that fiscal 
                year.''; and
            (2) in paragraph (3) by inserting after the first sentence 
        the following: ``Grants to construct a municipal separate storm 
        sewer system made under this subsection to a municipality that 
        is subject to a regional permit issued under subsection (d)(2) 
        shall not exceed 65 percent of the costs of the 
        construction.''.
    (h) Authorization of Appropriations.--Section 119(l) of such Act 
(as redesignated by subsection (b)(1) of this section) is amended to 
read as follows:
    ``(l) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section, other than subsection (j), such sums 
        as may be necessary for each of fiscal years 2011 through 2015.
            ``(2) Relationship to other funding.--For each fiscal year, 
        the amount the Management Conference of the Long Island Sound 
        Study is eligible to receive in grants under section 320 shall 
        be reduced by an amount equal to the amount the Management 
        Conference receives in grants under this section.
            ``(3) Grants.--There is authorized to be appropriated to 
        carry out subsection (j)--
                    ``(A) for grants to construct publicly owned 
                treatment works, including municipal separate storm 
                sewer systems (which may utilize low impact development 
                technologies or approaches or utilize methods to 
                address combined sewer overflows)--
                            ``(i) $125,000,000 for fiscal year 2011; 
                        and
                            ``(ii) $250,000,000 for each of fiscal 
                        years 2012 through 2015; and
                    ``(B) for grants other than grants described under 
                subparagraph (A) $40,000,000 for each of fiscal years 
                2011 through 2015.''.
    (i) Definitions.--Section 119 of such Act (as amended by this 
section) is further amended by adding at the end the following:
    ``(m) Definitions.--In this section, the following definitions 
apply:
            ``(1) Long island sound state.--The term `Long Island Sound 
        State' means each of the States of Connecticut, Massachusetts, 
        New Hampshire, New York, Rhode Island, and Vermont.
            ``(2) Long island sound tmdl.--The term `Long Island Sound 
        TMDL' means a total maximum daily load established or approved 
        by the Administrator to achieve water quality standards in the 
        waters of Long Island Sound under section 303(d).
            ``(3) Long island sound watershed.--The term `Long Island 
        Sound watershed' means Long Island Sound and the area 
        consisting of the drainage basin leading into Long Island 
        Sound, including--
                    ``(A) the Connecticut River and its tributaries;
                    ``(B) the Housatonic River and its tributaries;
                    ``(C) the Thames River and its tributaries;
                    ``(D) the Pawcatuck River and its tributaries; and
                    ``(E) all other tributaries in the States of 
                Connecticut and New York that drain into Long Island 
                Sound.
            ``(4) Urbanized area.--The term `urbanized area' has the 
        meaning given that term by the Bureau of the Census.''.

SEC. 3. INNOVATIVE STORMWATER MANAGEMENT APPROACHES.

    Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 
et seq.) is amended--
            (1) by redesignating section 519 as section 520; and
            (2) by inserting after section 518 the following:

``SEC. 519. INNOVATIVE STORMWATER MANAGEMENT APPROACHES.

    ``To the maximum extent practicable, the Administrator shall 
consider the use of innovative stormwater management practices and 
approaches, including nutrient trading with respect to water quality 
and the use of low impact development technologies, in meeting the 
requirements of this Act.''.

SEC. 4. NUTRIENT BIOEXTRACTION PILOT PROJECT.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Administrator of the Environmental Protection Agency 
shall carry out a pilot project to demonstrate the efficacy of nutrient 
bioextraction for the removal of nitrogen and phosphorous from the 
waters of the Long Island Sound watershed.
    (b) Report to Congress.--Not later than 5 years after the date of 
enactment of this Act, the Administrator shall submit to Congress a 
report on the results of the pilot project described in subsection (a).
    (c) Definition.--In this section, the term ``nutrient 
bioextraction'' means an environmental management strategy by which 
nutrients are removed from an aquatic ecosystem through the harvest of 
enhanced biological production, including the aquaculture of 
suspension-feeding shellfish or algae.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000.
                                 <all>