[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3561 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3561

 To establish centers of excellence for green infrastructure, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 30, 2010

Mr. Udall of New Mexico (for himself and Mr. Whitehouse) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 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 2010''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) many water resources in the United States are 
        declining, particularly in urban areas;
            (2) that 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; and
            (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. 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 green 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, 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 green infrastructure by--
                            (i) conducting research on green 
                        infrastructure to determine the means by which 
                        green 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 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 relating to 
                        green 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)); and
                                    (IV) vocational schools;
                            (vii) training students regarding green 
                        infrastructure; or
                            (viii) providing information to the Federal 
                        Government or State, tribal, and local 
                        governments regarding the implementation of 
                        green 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) Green infrastructure.--
                    (A) In general.--The term ``green infrastructure'' 
                means any stormwater management technique that 
                preserves, restores, enhances, or mimics natural 
                hydrology.
                    (B) Inclusions.--The term ``green 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) ecology, 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.
            (6) 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)).
            (7) 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.

SEC. 4. CENTERS OF EXCELLENCE FOR GREEN 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 green infrastructure, to be located in various 
        regions throughout the United States.
            (2) General operation.--Each center shall--
                    (A) conduct research on green 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 green 
                infrastructure for use by State, tribal, and local 
                governments and the private sector;
                    (C) provide information regarding research 
                conducted under subparagraph (A) and manuals developed 
                under subparagraph (B) 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 green infrastructure;
                    (D) provide technical assistance to State, tribal, 
                and local governments to assist with the construction, 
                operation, and maintenance of green infrastructure 
                projects;
                    (E) collaborate with institutions of higher 
                education and private and public organizations in the 
                geographical 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 regarding green infrastructure 
                to institutions of higher education and professional 
                schools;
                    (H) evaluate regulatory and policy issues relating 
                to 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 as the Administrator may require.
    (c) National Electronic Clearinghouse Center.--Of the centers 
established under section (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 green infrastructure; and
                    (B) post to the website information from all 
                centers.

SEC. 5. GREEN INFRASTRUCTURE PROJECT GRANTS.

    (a) Grant Authority.--The Administrator shall provide 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, maps, 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 
                regarding green infrastructure for distribution to--
                            (i) individuals and entities with 
                        applicable technical knowledge; and
                            (ii) the public.
                    (E) Developing a green 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 green 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 green infrastructure.
                    (D) Implementing a best practices standard for a 
                green infrastructure program.
                    (E) Implementing a green 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 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, and 
        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.--In addition to an application under subsection (c), 
a State or Indian tribe applying for a grant for a green 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 green 
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 during 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 
                during 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 GREEN INFRASTRUCTURE PROGRAM.

    (a) Establishment.--The Administrator shall establish within the 
Office of Water of the Environmental Protection Agency a green 
infrastructure program, the purposes of which shall be--
            (1) to coordinate and promote the use of green 
        infrastructure; and
            (2) 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 Environmental Protection Agency; and
            (2) coordinating efforts to increase the use of green 
        infrastructure with--
                    (A) other Federal departments and agencies;
                    (B) State, tribal, and local governments; and
                    (C) the private sector.
    (c) Regional Implementation of Green Infrastructure Program.--The 
Administrator shall direct each regional office of the Environmental 
Protection 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, mapping, and 
        designing the green infrastructure;
            (2) outreach and training regarding green infrastructure 
        implementation for State, tribal, 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 establish a compliance assistance center, including 
a Internet website, to share information with, and provide technical 
assistance to, State, tribal, and local governments, the private 
sector, and the public regarding green 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) Green Infrastructure Portfolio Standard.--The Administrator, in 
collaboration with State, tribal, 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 use green 
infrastructure.

SEC. 7. REPORT TO CONGRESS.

    Not later than September 30, 2014, 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 
        green infrastructure for the centers, grants, and programs 
        under this Act; and
            (5) a description of existing challenges concerning the use 
        of green 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 2011 through 2014.
                                 <all>