I 

112TH CONGRESS 

1ST SESSION H. R. 2030 

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

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2011 

Ms. EDWARDS (for herself, Mr. CARNAHAN, Ms. LEE of California, Mr. GRIJALVA, Ms. HIRONO, Mr. STARK, Ms. MOORE, Mr. MORAN, Mr. 

CLEAVER, Mr. TONKO, Ms. PINGREE of Maine, Mr. HOLT, Mr. VAN

HOLLEN, Ms. SCHAKOWSKY, Mr. PRICE of North Carolina, and Mr. 

MCGOVERN) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Science, Space, and Technology, 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 establish centers of excellence for green infrastructure, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Green Infrastructure 

5 for Clean Water Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Many water resources in the United States 

2 are declining, particularly in urban areas. 

3 (2) This decline of water resources is the result 

4 of an increase in population, water consumption, and 

5 impermeable surfaces, as well as the negative effects 

6 of urbanization, commercial and industrial activities, 

7 and climate change. 

8 (3) An October 2008 study by the National Re9 search Council found that some of the benefits of 

10 green infrastructure include increased water sup11 plies, the creation of green jobs, cost savings, and a 

12 reduction of stormwater runoff, surface water dis13 charge, stormwater pollution, and stormwater flows. 

14 SEC. 3. CENTERS OF EXCELLENCE FOR GREEN INFRA15 STRUCTURE. 

16 (a) ESTABLISHMENT OF CENTERS.— 

17 (1) IN GENERAL.—The Administrator shall 

18 make grants on a competitive basis to eligible insti19 tutions to establish and maintain not fewer than 3 

20 and not more than 5 centers of excellence for green 

21 infrastructure, located throughout the United States. 

22 (2) GENERAL OPERATION.—Each center 

23 shall— 

24 (A) conduct research on green infrastruc25 ture that is relevant to the geographic region in 


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1 which the center is located, including 

2 stormwater and sewer overflow reduction, other 

3 approaches to water resource enhancement, and 

4 other environmental, economic, and social bene5 fits; 

6 (B) develop manuals and set industry 

7 standards on best management practices relat8 ing to State, local, and commercial green infra9 structure for use by State and local govern10 ments and the private sector; 

11 (C) provide information about research 

12 conducted under subparagraph (A) and manu13 als produced under subparagraph (B) to the na14 tional electronic clearinghouse center for publi15 cation on the Web site created pursuant to sub16 section (c) to inform the Federal Government, 

17 State and local governments, and the private 

18 sector about green infrastructure; 

19 (D) provide technical assistance to State 

20 and local governments to assist with green in21 frastructure projects; 

22 (E) collaborate with institutions of higher 

23 education and private and public organizations 

24 in the geographic region in which the center is 


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1 located on green infrastructure research and 

2 technical assistance projects; 

3 (F) assist institutions of higher education, 

4 secondary schools, and vocational schools to de5 velop green infrastructure curricula; 

6 (G) provide training about green infra7 structure to institutions of higher education and 

8 professional schools; 

9 (H) evaluate regulatory and policy issues 

10 about green infrastructure; and 

11 (I) coordinate with the other centers to 

12 avoid duplication of efforts. 

13 (b) APPLICATION.—To be eligible to receive a grant 

14 under this section, an eligible institution shall prepare and 

15 submit to the Administrator an application at such a time, 

16 in such form, and containing such information and assur17 ances as the Administrator may require. 

18 (c) NATIONAL ELECTRONIC CLEARINGHOUSE CEN19 TER.—One of the centers established under subsection 

20 (a)(1) shall be designated as the ‘‘national electronic clear21 inghouse center’’ and, in addition to its other functions, 

22 shall develop, operate, and maintain a Web site and a pub23 lic database containing information relating to green in24 frastructure, including information received from the 

25 other centers under subsection (a)(2)(C). 


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1 SEC. 4. GREEN INFRASTRUCTURE GRANTS. 

2 (a) GRANT AUTHORITY.—The Administrator shall 

3 make grants on a competitive basis to eligible entities to 

4 carry out green infrastructure projects in accordance with 

5 this section. 

6 (b) GREEN INFRASTRUCTURE PROJECTS.— 

7 (1) PLANNING AND DEVELOPMENT GRANTS.— 

8 The Administrator may make planning and develop9 ment grants under this section for the following 

10 projects: 

11 (A) Planning and designing green infra12 structure projects, including engineering sur13 veys, landscape plans, and implementation 

14 plans. 

15 (B) Identifying and developing standards 

16 and revisions to local zoning, building, or other 

17 local codes necessary to accommodate green in18 frastructure projects. 

19 (C) Identifying and developing fee struc20 tures to provide financial support for design, in21 stallation, and operations and maintenance of 

22 green infrastructure. 

23 (D) Developing training and educational 

24 materials about green infrastructure for dis25 tribution to both those with applicable technical 

26 knowledge and the public in general. 


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1 (E) Developing a green infrastructure 

2 portfolio standard program described in section 

3 5(e). 

4 (2) IMPLEMENTATION GRANTS.—The Adminis5 trator may make implementation grants under this 

6 section for the following projects: 

7 (A) Installing green infrastructure. 

8 (B) Monitoring and evaluating the environ9 mental, economic, or social benefits of green in10 frastructure. 

11 (C) Implementing a best practices stand12 ard for a green infrastructure program. 

13 (D) Implementing a green infrastructure 

14 portfolio standard program described in section 

15 5(e). 

16 (c) APPLICATION.—Except as otherwise provided, to 

17 be eligible to receive a grant under this section, an eligible 

18 entity shall prepare and submit to the Administrator an 

19 application at such time, in such form, and containing 

20 such information and assurances as the Administrator 

21 may require that includes, where applicable— 

22 (1) a description of the green infrastructure 

23 project; 


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1 (2) a plan for monitoring the impacts of the 

2 green infrastructure project on water quality and 

3 quantity; 

4 (3) an evaluation of other environmental, eco5 nomic, or social benefits of the green infrastructure 

6 project; and 

7 (4) a plan for the long-term operation and 

8 maintenance of the green infrastructure project. 

9 (d) ADDITIONAL REQUIREMENT FOR GREEN INFRA10 STRUCTURE PORTFOLIO STANDARD PROGRAM.—A State 

11 applying for a grant for a green infrastructure portfolio 

12 standard program described in section 5(e) shall prepare 

13 and submit a schedule of increasing minimum percentages 

14 of the annual water to be managed using green infrastruc15 ture under the program. 

16 (e) PRIORITY.—In making grants under this section, 

17 the Administrator shall give priority to applications sub18 mitted from— 

19 (1) a community that— 

20 (A) has combined storm and sanitary sew21 ers in its collection system; or 

22 (B) is low-income or disadvantaged as de23 termined by the Administrator; or 

24 (2) an eligible entity that will use 10 percent of 

25 the grant provided for a low-income or disadvanVerDate Mar 15 2010 04:38 Jun 02, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2030.IH H2030

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1 taged community as determined by the Adminis2 trator. 

3 (f) GRANT LIMITATION.— 

4 (1) PLANNING AND DEVELOPMENT GRANT.— 

5 The Administrator may not make a planning and 

6 development grant under this section in an amount 

7 that exceeds $200,000. The Administrator may not 

8 make planning and development grants of more than 

9 $100,000,000, in the aggregate, in each fiscal year. 

10 (2) IMPLEMENTATION GRANT.—The Adminis11 trator may not make an implementation grant under 

12 this section in an amount that exceeds $3,000,000. 

13 The Administrator may not make implementation 

14 grants of more than $200,000,000, in the aggregate, 

15 in each fiscal year. 

16 (g) FEDERAL SHARE.— 

17 (1) IN GENERAL.—Except as provided under 

18 paragraph (3), the Federal share of a grant provided 

19 under this section may not exceed 65 percent of the 

20 total project cost. 

21 (2) CREDIT FOR IMPLEMENTATION GRANT.— 

22 The Administrator shall credit toward the non-Fed23 eral share of the cost of an implementation project 

24 carried out under this section the cost of planning, 

25 design, and construction work completed for the 


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1 project with funds other than funds provided under 

2 this Act. 

3 (3) EXCEPTION.—The Administrator may waive 

4 the Federal share limitation under paragraph (1) for 

5 an eligible entity that has adequately demonstrated 

6 financial need. 

7 SEC. 5. ENVIRONMENTAL PROTECTION AGENCY GREEN IN8 FRASTRUCTURE PROGRAM. 

9 (a) IN GENERAL.—The Administrator shall ensure 

10 that the Office of Water, the Office of Enforcement and 

11 Compliance, the Office of Research and Development, and 

12 the Office of Policy promote the use of green infrastruc13 ture and coordinate the integration of green infrastructure 

14 into permitting programs, planning efforts, research, tech15 nical assistance, and funding guidance. 

16 (b) DUTIES.—The Administrator shall ensure that 

17 the Office of Water— 

18 (1) promotes the use of green infrastructure in 

19 the programs of the Agency; and 

20 (2) coordinates efforts to increase the use of 

21 green infrastructure with other Federal agencies, 

22 State and local governments, and the private sector. 

23 (c) REGIONAL IMPLEMENTATION OF GREEN INFRA24 STRUCTURE.—The Administrator shall direct each re25 gional office of the Agency, where appropriate based on 


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1 local factors, to promote and integrate the use of green 

2 infrastructure within the region, including developing— 

3 (1) a plan for monitoring, financing, and de4 signing the green infrastructure; 

5 (2) outreach and training on green infrastruc6 ture implementation for State and local govern7 ments, tribal communities, and the private sector; 

8 and 

9 (3) the incorporation of green infrastructure 

10 into permitting and other regulatory programs, 

11 codes, and ordinance development, including the re12 quirements under consent decrees and settlement 

13 agreements in enforcement actions. 

14 (d) GREEN INFRASTRUCTURE COMPLIANCE ASSIST15 ANCE CENTER.—The Administrator shall create a compli16 ance assistance center, including a Web site, to share in17 formation with and provide technical assistance to State 

18 and local governments, tribal communities, the private sec19 tor, and the public about green infrastructure approaches 

20 to reducing water pollution, protecting water resources, 

21 complying with regulatory requirements, and achieving 

22 other environmental, public health, and community goals. 

23 (e) GREEN INFRASTRUCTURE PORTFOLIO STAND24 ARD.—The Administrator, in collaboration with State, 

25 tribal, and local government water resource managers, 


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1 shall establish measurable goals, to be known as the 

2 ‘‘green infrastructure portfolio standard’’, to increase an3 nually the percentage of water managed by eligible entities 

4 that use green infrastructure. 

5 SEC. 6. REPORT TO CONGRESS. 

6 Before the end of fiscal year 2016, the Administrator 

7 shall submit to Congress a report that includes the fol8 lowing: 

9 (1) A description of all grants made under this 

10 Act and a detailed description of the projects sup11 ported and their outcomes. 

12 (2) A description of the improvements in tech13 nology, environmental benefits, resources conserved, 

14 efficiencies, and other benefits of the projects funded 

15 under this Act. 

16 (3) Recommendations on improvements to pro17 mote and support green infrastructure for the cen18 ters, grants, and programs under this Act. 

19 (4) A description of the existing challenges con20 cerning the use of green infrastructure. 

21 SEC. 7. DEFINITIONS. 

22 In this Act: 

23 (1) ADMINISTRATOR.—The term ‘‘Adminis24 trator’’ means the Administrator of the Environ25 mental Protection Agency. 


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1 (2) AGENCY.—The term ‘‘Agency’’ means the 

2 Environmental Protection Agency. 

3 (3) CENTER.—The term ‘‘center’’ means a cen4 ter of excellence for green infrastructure established 

5 under section 3(a). 

6 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti7 ty’’ means— 

8 (A) a State or local government; or 

9 (B) a local, regional, or other entity that 

10 manages stormwater, water resources, or waste 

11 water resources. 

12 (5) ELIGIBLE INSTITUTION.— 

13 (A) IN GENERAL.—The term ‘‘eligible in14 stitution’’ means an institution of higher edu15 cation, or a research institution, that has dem16 onstrated excellence in green infrastructure 

17 by— 

18 (i) conducting research on green in19 frastructure to determine how it reduces 

20 municipal stormwater runoff, enhances and 

21 protects drinking water sources, and im22 proves water quality; 

23 (ii) developing and disseminating in24 formation about how an organization can 

25 use green infrastructure; 


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1 (iii) providing technical assistance to 

2 an organization for a green infrastructure 

3 project; 

4 (iv) developing best practices stand5 ards for green infrastructure; 

6 (v) providing job training in green in7 frastructure; 

8 (vi) developing course curricula about 

9 green infrastructure for elementary 

10 schools, secondary schools, institutions of 

11 higher education, and vocational schools; 

12 (vii) training students in green infra13 structure; or 

14 (viii) providing information to the 

15 Federal Government or State and local 

16 governments about the implementation of 

17 green infrastructure. 

18 (B) ADDITIONAL DEFINITIONS.—For pur19 poses of subparagraph (A): 

20 (i) ELEMENTARY SCHOOL.—The term 

21 ‘‘elementary school’’ has the meaning given 

22 that term in section 9101 of the Elemen23 tary and Secondary Education Act of 1965 

24 (20 U.S.C. 7801). 


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1 (ii) INSTITUTION OF HIGHER EDU2 CATION.—The term ‘‘institution of higher 

3 education’’ has the meaning given that 

4 term in section 101 of the Higher Edu5 cation Act of 1965 (20 U.S.C. 1001). 

6 (iii) RESEARCH INSTITUTION.—The 

7 term ‘‘research institution’’ means an enti8 ty that is— 

9 (I) described in section 501(c)(3) 

10 of the Internal Revenue Code of 1986; 

11 (II) exempt from tax under sec12 tion 501(a) of the Internal Revenue 

13 Code of 1986; and 

14 (III) organized and operated for 

15 research purposes. 

16 (iv) SECONDARY SCHOOL.—The term 

17 ‘‘secondary school’’ has the meaning given 

18 that term in section 9101 of the Elemen19 tary and Secondary Education Act of 1965 

20 (20 U.S.C. 7801). 

21 (6) GREEN INFRASTRUCTURE.—The term 

22 ‘‘green infrastructure’’— 

23 (A) means any stormwater management 

24 technique that preserves, restores, enhances, or 

25 mimics natural hydrology; 


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1 (B) includes methods that promote absorp2 tion, uptake, percolation, evapotranspiration, 

3 and filtration by soil and plant life; and 

4 (C) includes the preservation or restoration 

5 of— 

6 (i) natural topography, including hills, 

7 plains, ravines, and shorelines; 

8 (ii) ecology, including forests, grass9 lands, and deserts; 

10 (iii) bodies of water, including lakes, 

11 flood plains, headwaters, and wetlands; or 

12 (iv) native soil characteristics of com13 position, structure, and transmissivity. 

14 (7) STATE.—The term ‘‘State’’ means each of 

15 the several States, the District of Columbia, the 

16 Commonwealth of Puerto Rico, the United States 

17 Virgin Islands, Guam, American Samoa, the Com18 monwealth of the Northern Mariana Islands, the 

19 Trust Territory of the Pacific Islands, and any other 

20 territory or possession of the United States. 

21 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

22 For each of fiscal years 2013 through 2016, there 

23 is authorized to be appropriated to the Administrator— 

24 (1) to carry out section 3, $25,000,000; 

25 (2) to carry out section 4, $300,000,000; and 


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1 (3) to carry out section 5, $25,000,000. 

Æ 


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