II 111th CONGRESS 2d Session S. 3970 IN THE SENATE OF THE UNITED STATES November 18, 2010 Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish a program under which the Administrator of the Environmental Protection Agency shall provide grants to eligible State consortia to establish and carry out municipal sustainability certification programs, and for other purposes.

1.

Short title

This Act may be cited as the Sustainable States Act of 2010.

2.

Findings

Congress finds that— (1)local government leadership is critical in crafting and implementing effective, long-term solutions to regionally distinct challenges, such as— (A)energy demand and supply; (B)water resource management; (C)waste production and management; (D)pollution; (E)environmental stewardship and conservation; and (F)economic competitiveness, growth, and development; (2)State-specific municipal sustainability certification programs provide a framework for constructive competition among the municipalities of a State that accelerates the development and demonstration of effective local solutions to those challenges; and (3)public-private partnerships are successful means of sustaining the operation of municipal sustainability certification programs, as evidenced by programs in the States of Maryland and New Jersey.

3.

Definitions

In this Act: (1)

Administrator

The term Administrator means the Administrator of the Environmental Protection Agency. (2)

Municipal sustainability certification program

The term municipal sustainability certification program means a program established and carried out by a sustainable State consortium that— (A)determines a set of State-specific benchmarks for use in evaluating sustainability; and (B)certifies a municipality as sustainable based on achievement of those benchmarks. (3)

Sustainable State consortium

The term sustainable State consortium means a partnership consisting of local governments, a State, 1 or more public universities, and any other municipal organizations, businesses, or nonprofit organizations selected by the consortium that is formed to establish a municipal sustainability certification program.

4.

Grants for municipal sustainability certification programs

(a)

Establishment

(1)

In general

There is established a program under which the Administrator shall provide grants to sustainable State consortia for use in establishing and carrying out municipal sustainability certification programs. (2)

Flexible guidelines for award selection

The Administrator shall establish flexible guidelines that reflect regional differences for use by sustainable State consortia in establishing State-specific municipal sustainability certification programs. (3)

Grants

(A)

In general

The Administrator shall provide grants under this paragraph to sustainable State consortia for use in establishing and carrying out municipal sustainability certification programs. (B)

Eligibility

Not more than 1 sustainable State consortium per State may apply for and receive a grant under this section. (C)

Number and term of grants

The Administrator shall determine the number and term of grants provided under this section. (D)

Geographical distribution of grant funds

The Administrator shall provide grants under this section in a manner that results in, to the maximum extent practicable, a geographical balance of funds provided, as determined by the Administrator. (4)

Data and reports

The Administrator shall annually— (A)collect and compile data from sustainable State consortia with respect to municipal actions undertaken to obtain municipal sustainability certification; and (B)submit to Congress a concise report that describes, for the year covered by the report, municipal actions undertaken to obtain municipal sustainability certification. (5)

State and local needs

The Administrator shall encourage sustainable State consortia— (A)to establish certification standards beyond the guidelines established by the Administrator; (B)to otherwise adapt the administration of the program established under this section to meet regional or local needs; and (C)to plan for public-private partnership agreements that will sustain the operation of the certification program of a State beyond the term of the grant. (b)

Administration

(1)

National leaders program

As part of the program established under this section, the Administrator shall establish a national leaders program under which certified municipalities may seek additional recognition for demonstrated performance in meeting sustainability challenges. (2)

Fees

The Administrator shall not charge fees for certification, training, use of program tools, or any other participation in the program established under this section. (3)

Web site

The Administrator shall establish a Web site that allows for interactive dialogue and collaboration among community leaders and citizens engaged in municipal sustainability certification. (c)

Funding

(1)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section. (2)

Other funding

A sustainable State consortium or other entity that receives a grant under this section may seek additional foundation, nonprofit, private-sector, and other sources of funding to support additional program elements and municipal incentives that are in addition to the minimum requirements for a grant under this section.