1.This Act may be cited as the
Green Infrastructure for Clean Water
Act of 2010
.
2.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.
3.In this Act:
(1)The term Administrator means
the Administrator of the Environmental Protection Agency.
(2)The term center means a center
of excellence for green infrastructure established under section 4(a).
(3)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)
(A)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)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)
(A)The term green infrastructure
means any stormwater management technique that preserves, restores, enhances,
or mimics natural hydrology.
(B)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)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)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.
4.Centers of Excellence for Green
Infrastructure
(a)
(1)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)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)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
centerOf 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.
5.Green infrastructure project
grants
(a)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
grantsThe 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)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)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 projectIn 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)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)
(1)Planning and development grants
(A)The amount of a single planning and
development grant provided under this section shall be not more than
$200,000.
(B)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)
(A)The amount of a single implementation grant
provided under this section shall be not more than $3,000,000.
(B)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)
(1)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
grantsThe 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)The Administrator may waive the Federal
share limitation under paragraph (1) for an eligible entity that has adequately
demonstrated financial need.
6.Environmental Protection Agency Green
Infrastructure Program
(a)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)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 programThe
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
centerThe 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
standardThe 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.
7.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.
8.Authorization of
appropriationsThere are
authorized to be appropriated to carry out this Act such sums as are necessary
for each of fiscal years 2011 through 2014.