Clean Water Through Green Infrastructure Act

II 116TH CONGRESS 1ST SESSION S. 2456 To establish centers of excellence for innovative stormwater control infrastructure, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 10, 2019 Mr. UDALL 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 innovative stormwater control infrastructure, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Clean Water Through 4 Green Infrastructure Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds that— 7 (1) many water resources in the United States 8 are declining, particularly in urban and agricultural 9 areas; 10 VerDate Sep 11 2014 00:15 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2456.IS S2456 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2456 IS (2) the decline of water resources is the result 1 of— 2 (A) an increase in population, water con- 3 sumption, agricultural production, and imper- 4 meable surfaces; and 5 (B) the negative effects of urbanization, 6 commercial and industrial activities, and in- 7 creasing and persistent droughts; and 8 (3) an October 2008 study by the National Re- 9 search Council found that some of the benefits of in- 10 novative stormwater control infrastructure include— 11 (A) increased water supplies; 12 (B) the creation of jobs; 13 (C) cost savings; and 14 (D) a reduction of stormwater runoff, sur- 15 face water discharge, stormwater pollution, and 16 stormwater flows to protect and restore natural 17 hydrology, meeting local conditions to the max- 18 imum extent feasible. 19 SEC. 3. DEFINITIONS. 20 In this Act: 21 (1) ADMINISTRATOR.—The term ‘‘Adminis- 22 trator’’ means the Administrator of the Environ- 23 mental Protection Agency. 24 VerDate Sep 11 2014 00:15 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2456.IS S2456 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2456 IS (2) CENTER.—The term ‘‘center’’ means a cen- 1 ter of excellence for innovative stormwater control 2 infrastructure established under section 4(a). 3 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 4 ty’’ means— 5 (A) a State, Tribal, or local government; or 6 (B) a local, regional, or other entity that 7 manages stormwater, drinking water resources, 8 or wastewater resources. 9 (4) ELIGIBLE INSTITUTION.— 10 (A) IN GENERAL.—The term ‘‘eligible in- 11 stitution’’ means an institution of higher edu- 12 cation (as defined in section 101 of the Higher 13 Education Act of 1965 (20 U.S.C. 1001)) or a 14 research institution that has demonstrated ex- 15 cellence in innovative stormwater control infra- 16 structure by— 17 (i) conducting research on innovative 18 stormwater control infrastructure to deter- 19 mine the means by which innovative infra- 20 structure reduces stormwater runoff, en- 21 hances and protects drinking water 22 sources, and improves water quality; 23 (ii) developing and disseminating in- 24 formation regarding the means by which 25 VerDate Sep 11 2014 00:15 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2456.IS S2456 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 2456 IS an organization can use innovative storm- 1 water control infrastructure; 2 (iii) providing technical assistance to 3 an organization for an innovative stormwa- 4 ter control infrastructure project; 5 (iv) developing best practices stand- 6 ards for innovative stormwater control in- 7 frastructure; 8 (v) providing job training relating to 9 innovative stormwater control infrastruc- 10 ture; 11 (vi) developing course curricula for— 12 (I) elementary schools (as defined 13 in section 8101 of the Elementary and 14 Secondary Education Act of 1965 (20 15 U.S.C. 7801)); 16 (II) secondary schools (as defined 17 in section 8101 of the Elementary and 18 Secondary Education Act of 1965 (20 19 U.S.C. 7801)); 20 (III) institutions of higher edu- 21 cation (as defined in section 101 of 22 the Higher Education Act of 1965 (20 23 U.S.C. 1001)); or 24 (IV) vocational schools; 25 VerDate Sep 11 2014 02:03 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2456.IS S2456 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 2456 IS (vii) training students regarding inno- 1 vative stormwater control infrastructure; or 2 (viii) providing information to the 3 Federal Government or State, Tribal, and 4 local governments regarding the implemen- 5 tation of innovative stormwater control in- 6 frastructure. 7 (B) ASSOCIATED DEFINITION.—For pur- 8 poses of subparagraph (A), the term ‘‘research 9 institution’’ means an entity that is— 10 (i) described in section 501(c)(3) of 11 the Internal Revenue Code of 1986; 12 (ii) exempt from tax under section 13 501(a) of the Internal Revenue Code of 14 1986; and 15 (iii) organized and operated for re- 16 search purposes. 17 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 18 has the meaning given the term in section 518(h) of 19 the Federal Water Pollution Control Act (33 U.S.C. 20 1377(h)). 21 (6) INNOVATIVE STORMWATER CONTROL INFRA- 22 STRUCTURE.— 23 (A) IN GENERAL.—The term ‘‘innovative 24 stormwater control infrastructure’’ means any 25 VerDate Sep 11 2014 00:15 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2456.IS S2456 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 2456 IS green infrastructure stormwater management 1 technique that— 2 (i) uses natural systems or engineered 3 systems that mimic natural processes to 4 infiltrate, evapotranspire, or capture 5 stormwater; and 6 (ii) preserves, enhances, or mimics 7 natural hydrology to protect or restore 8 water quality. 9 (B) INCLUSIONS.—The term ‘‘innovative 10 stormwater control infrastructure’’ includes— 11 (i) methods that promote absorption, 12 uptake, percolation, evapotranspiration, 13 and filtration by soil and plant life; and 14 (ii) the preservation or restoration 15 of— 16 (I) natural topography, including 17 hills, plains, ravines, and shorelines; 18 (II) interconnected networks of 19 natural land that protect essential ec- 20 ological functions critical for water 21 quality; 22 (III) ecological function, includ- 23 ing forests, grasslands, and deserts; 24 VerDate Sep 11 2014 00:15 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2456.IS S2456 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 2456 IS (IV) bodies of water, including 1 lakes, flood plains, headwaters, and 2 wetlands; and 3 (V) native soil characteristics of 4 composition, structure, and transmis- 5 sivity. 6 (7) STATE.—The term ‘‘State’’ means— 7 (A) each of the several States of the 8 United States; 9 (B) the District of Columbia; 10 (C) the Commonwealth of Puerto Rico; 11 (D) Guam; 12 (E) American Samoa; 13 (F) the Commonwealth of the Northern 14 Mariana Islands; 15 (G) the Federated States of Micronesia; 16 (H) the Republic of the Marshall Islands; 17 (I) the Republic of Palau; and 18 (J) the United States Virgin Islands. 19 SEC. 4. CENTERS OF EXCELLENCE FOR INNOVATIVE 20 STORMWATER CONTROL INFRASTRUCTURE. 21 (a) ESTABLISHMENT OF CENTERS.— 22 (1) IN GENERAL.—The Administrator shall pro- 23 vide grants, on a competitive basis, to eligible insti- 24 tutions to establish and maintain not less than 3, 25 VerDate Sep 11 2014 00:15 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2456.IS S2456 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 2456 IS and not more than 5, centers of excellence for inno- 1 vative stormwater control infrastructure, to be lo- 2 cated in various regions throughout the United 3 States. 4 (2) GENERAL OPERATION.—Each center 5 shall— 6 (A) conduct research on innovative 7 stormwater control infrastructure that is rel- 8 evant to the geographical region in which the 9 center is located, including stormwater and 10 sewer overflow reduction, other approaches to 11 water resource enhancement, and other environ- 12 mental, economic, and social benefits; 13 (B) develop manuals and establish industry 14 standards on best management practices relat- 15 ing to State, Tribal, local, and commercial inno- 16 vative stormwater control infrastructure for use 17 by State, Tribal, and local governments and the 18 private sector; 19 (C) develop and administer testing and 20 evaluation protocols to measure and verify the 21 performance of stormwater infrastructure prod- 22 ucts and practices; 23 (D) provide information regarding research 24 conducted under subparagraph (A), manuals 25 VerDate Sep 11 2014 00:15 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2456.IS S2456 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 2456 IS developed under subparagraph (B), and testing 1 and evaluation performed under subparagraph 2 (C) to the national electronic clearinghouse cen- 3 ter for publication on the internet website es- 4 tablished under subsection (c) to provide to the 5 Federal Government and State, Tribal, and 6 local governments and the private sector infor- 7 mation regarding innovative stormwater control 8 infrastructure; 9 (E) provide technical assistance to State, 10 Tribal, and local governments to assist with the 11 construction, operation, and maintenance of in- 12 novative stormwater control infrastructure 13 projects; 14 (F) collaborate with institutions of higher 15 education and private and public organizations 16 in the geographical region in which the center 17 is located on innovative stormwater control in- 18 frastructure research and technical assistance 19 projects; 20 (G) assist institutions of higher education, 21 secondary schools, and vocational schools to de- 22 velop innovative stormwater control infrastruc- 23 ture curricula; 24 VerDate Sep 11 2014 00:15 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2456.IS S2456 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 2456 IS (H) provide training regarding innovative 1 stormwater control infrastructure to institutions 2 of higher education and professional schools; 3 (I) evaluate regulatory and policy issues 4 relating to innovative stormwater control infra- 5 structure; and 6 (J) coordinate with the other centers to 7 avoid duplication of efforts. 8 (b) APPLICATION.—To be eligible to receive a grant 9 under this section, an eligible institution shall prepare and 10 submit to the Administrator an application at such time, 11 in such form, and containing such information as the Ad- 12 ministrator may require. 13 (c) NATIONAL ELECTRONIC CLEARINGHOUSE CEN- 14 TER.—Of the centers established under subsection (a)(1), 15 one shall— 16 (1) be designated as the ‘‘national electronic 17 clearinghouse center’’; and 18 (2) in addition to the other functions of that 19 center— 20 (A) develop, operate, and maintain an 21 internet website and a public database that con- 22 tains information relating to innovative storm- 23 water control infrastructure; and 24 VerDate Sep 11 2014 00:15 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2456.IS S2456 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 2456 IS (B) post to the website information from 1 all centers. 2 SEC. 5. INNOVATIVE STORMWATER CONTROL INFRASTRUC- 3 TURE PROJECT GRANTS. 4 (a) GRANT AUTHORITY.—The Administrator shall 5 provide grants, on a competitive basis, to eligible entities 6 to carry out innovative stormwater control infrastructure 7 projects in accordance with this section. 8 (b) INNOVATIVE STORMWATER CONTROL INFRA- 9 STRUCTURE PROJECTS.— 10 (1) PLANNING AND DEVELOPMENT GRANTS.— 11 The Administrator may make planning and develop- 12 ment grants under this section for the following 13 projects: 14 (A) Planning and designing innovative 15 stormwater control infrastructure projects, in- 16 cluding engineering surveys, landscape plans, 17 maps, and implementation plans. 18 (B) Identifying and developing standards 19 and revisions to local zoning, building, or other 20 local codes necessary to accommodate innova- 21 tive stormwater control infrastructure projects. 22 (C) Identifying and developing fee struc- 23 tures to provide financial support for design, in- 24 VerDate Sep 11 2014 00:15 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2456.IS S2456 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 2456 IS stallation, and operations and maintenance of 1 innovative stormwater control infrastructure. 2 (D) Developing training and educational 3 materials regarding innovative stormwater con- 4 trol infrastructure for distribution to— 5 (i) individuals and entities with appli- 6 cable technical knowledge; and 7 (ii) the public. 8 (2) IMPLEMENTATION GRANTS.—The Adminis- 9 trator may make implementation grants under this 10 section for the following projects: 11 (A) Installing innovative stormwater con- 12 trol infrastructure. 13 (B) Protecting or restoring interconnected 14 networks of natural areas that protect water 15 quality. 16 (C) Monitoring and evaluating the environ- 17 mental, economic, or social benefits of innova- 18 tive stormwater control infrastructure. 19 (D) Implementing a best practices stand- 20 ard for an innovative stormwater control infra- 21 structure program. 22 (c) APPLICATION.—Except as otherwise provided in 23 this Act, to be eligible to receive a grant under this section, 24 an eligible entity shall prepare and submit to the Adminis- 25 VerDate Sep 11 2014 00:15 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2456.IS S2456 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 2456 IS trator an application at such time, in such form, and con- 1 taining such information as the Administrator may re- 2 quire, including, as applicable— 3 (1) a description of the innovative stormwater 4 control infrastructure project; 5 (2) a plan for monitoring the impacts of the in- 6 novative stormwater control infrastructure project 7 on the water quality and quantity; 8 (3) an evaluation of other environmental, eco- 9 nomic, and social benefits of the innovative stormwa- 10 ter control infrastructure project; and 11 (4) a plan for the long-term operation and 12 maintenance of the innovative stormwater control in- 13 frastructure project. 14 (d) PRIORITY.—In making grants under this section, 15 the Administrator shall give priority to applications sub- 16 mitted on behalf of— 17 (1) a community that— 18 (A) has combined storm and sanitary sew- 19 ers in the collection system of the community; 20 or 21 (B) is a low-income or disadvantaged com- 22 munity, as determined by the Administrator; or 23 (2) an eligible entity that will use not less than 24 10 percent of the grant to provi [Text truncated for display. 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