II 

115TH CONGRESS 

1ST SESSION S. 1695 

To establish centers of excellence for innovative stormwater control 

infrastructure, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2017 

Mr. UDALL (for himself and Mr. DURBIN) 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. 

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 ‘‘Innovative Stormwater 

5 Infrastructure Act of 2017’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) many water resources in the United States 

9 are declining, particularly in urban and agricultural 

10 areas; 


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1 (2) the decline of water resources is the result 

2 of— 

3 (A) an increase in population, water con4 sumption, agricultural production, and imper5 meable surfaces; and 

6 (B) the negative effects of urbanization, 

7 commercial and industrial activities, and in8 creasing and persistent droughts; and 

9 (3) an October 2008 study by the National Re10 search Council found that some of the benefits of in11 novative stormwater control infrastructure include— 

12 (A) increased water supplies; 

13 (B) the creation of jobs; 

14 (C) cost savings; and 

15 (D) a reduction of stormwater runoff, sur16 face water discharge, stormwater pollution, and 

17 stormwater flows to protect and restore natural 

18 hydrology, meeting local conditions to the max19 imum extent feasible. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

22 (1) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of the Environ24 mental Protection Agency. 


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1 (2) CENTER.—The term ‘‘center’’ means a cen2 ter of excellence for innovative stormwater control 

3 infrastructure established under section 4(a). 

4 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti5 ty’’ means— 

6 (A) a State, tribal, or local government; or 

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

8 manages stormwater, drinking water resources, 

9 or wastewater resources. 

10 (4) ELIGIBLE INSTITUTION.— 

11 (A) IN GENERAL.—The term ‘‘eligible in12 stitution’’ means an institution of higher edu13 cation (as defined in section 101 of the Higher 

14 Education Act of 1965 (20 U.S.C. 1001)) or a 

15 research institution that has demonstrated ex16 cellence in innovative stormwater control infra17 structure by— 

18 (i) conducting research on innovative 

19 stormwater control infrastructure to deter20 mine the means by which innovative infra21 structure reduces stormwater runoff, en22 hances and protects drinking water 

23 sources, and improves water quality; 

24 (ii) developing and disseminating in25 formation regarding the means by which 


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1 an organization can use innovative 

2 stormwater control infrastructure; 

3 (iii) providing technical assistance to 

4 an organization for an innovative 

5 stormwater control infrastructure project; 

6 (iv) developing best practices stand7 ards for innovative stormwater control in8 frastructure; 

9 (v) providing job training relating to 

10 innovative stormwater control infrastruc11 ture; 

12 (vi) developing course curricula for— 

13 (I) elementary schools (as defined 

14 in section 8101 of the Elementary and 

15 Secondary Education Act of 1965 (20 

16 U.S.C. 7801)); 

17 (II) secondary schools (as defined 

18 in section 8101 of the Elementary and 

19 Secondary Education Act of 1965 (20 

20 U.S.C. 7801)); 

21 (III) institutions of higher edu22 cation (as defined in section 101 of 

23 the Higher Education Act of 1965 (20 

24 U.S.C. 1001)); or 

25 (IV) vocational schools; 


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1 (vii) training students regarding inno2 vative stormwater control infrastructure; or 

3 (viii) providing information to the 

4 Federal Government or State, tribal, and 

5 local governments regarding the implemen6 tation of innovative stormwater control in7 frastructure. 

8 (B) ASSOCIATED DEFINITION.—For pur9 poses of subparagraph (A), the term ‘‘research 

10 institution’’ means an entity that is— 

11 (i) described in section 501(c)(3) of 

12 the Internal Revenue Code of 1986; 

13 (ii) exempt from tax under section 

14 501(a) of the Internal Revenue Code of 

15 1986; and 

16 (iii) organized and operated for re17 search purposes. 

18 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

19 has the meaning given the term in section 518(h) of 

20 the Federal Water Pollution Control Act (33 U.S.C. 

21 1377(h)). 

22 (6) INNOVATIVE STORMWATER CONTROL INFRA23 STRUCTURE.— 

24 (A) IN GENERAL.—The term ‘‘innovative 

25 stormwater control infrastructure’’ means any 


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1 green infrastructure stormwater management 

2 technique that— 

3 (i) uses natural systems or engineered 

4 systems that mimic natural processes to 

5 infiltrate, evapotranspire, or capture 

6 stormwater; and 

7 (ii) preserves, enhances, or mimics 

8 natural hydrology to protect or restore 

9 water quality. 

10 (B) INCLUSIONS.—The term ‘‘innovative 

11 stormwater control infrastructure’’ includes— 

12 (i) methods that promote absorption, 

13 uptake, percolation, evapotranspiration, 

14 and filtration by soil and plant life; and 

15 (ii) the preservation or restoration 

16 of— 

17 (I) natural topography, including 

18 hills, plains, ravines, and shorelines; 

19 (II) interconnected networks of 

20 natural land that protect essential ec21 ological functions critical for water 

22 quality; 

23 (III) ecological function, includ24 ing forests, grasslands, and deserts; 


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1 (IV) bodies of water, including 

2 lakes, flood plains, headwaters, and 

3 wetlands; and 

4 (V) native soil characteristics of 

5 composition, structure, and 

6 transmissivity. 

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

8 (A) each of the several States of the 

9 United States; 

10 (B) the District of Columbia; 

11 (C) the Commonwealth of Puerto Rico; 

12 (D) Guam; 

13 (E) American Samoa; 

14 (F) the Commonwealth of the Northern 

15 Mariana Islands; 

16 (G) the Federated States of Micronesia; 

17 (H) the Republic of the Marshall Islands; 

18 (I) the Republic of Palau; and 

19 (J) the United States Virgin Islands. 

20 SEC. 4. CENTERS OF EXCELLENCE FOR INNOVATIVE 

21 STORMWATER CONTROL INFRASTRUCTURE. 

22 (a) ESTABLISHMENT OF CENTERS.— 

23 (1) IN GENERAL.—The Administrator shall pro24 vide grants, on a competitive basis, to eligible insti25 tutions to establish and maintain not less than 3, 


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1 and not more than 5, centers of excellence for inno2 vative stormwater control infrastructure, to be lo3 cated in various regions throughout the United 

4 States. 

5 (2) GENERAL OPERATION.—Each center 

6 shall— 

7 (A) conduct research on innovative 

8 stormwater control infrastructure that is rel9 evant to the geographical region in which the 

10 center is located, including stormwater and 

11 sewer overflow reduction, other approaches to 

12 water resource enhancement, and other environ13 mental, economic, and social benefits; 

14 (B) develop manuals and establish industry 

15 standards on best management practices relat16 ing to State, tribal, local, and commercial inno17 vative stormwater control infrastructure for use 

18 by State, tribal, and local governments and the 

19 private sector; 

20 (C) develop and administer testing and 

21 evaluation protocols to measure and verify the 

22 performance of stormwater infrastructure prod23 ucts and practices; 

24 (D) provide information regarding research 

25 conducted under subparagraph (A), manuals 


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1 developed under subparagraph (B), and testing 

2 and evaluation performed under subparagraph 

3 (C) to the national electronic clearinghouse cen4 ter for publication on the Internet website es5 tablished under subsection (c) to provide to the 

6 Federal Government and State, tribal, and local 

7 governments and the private sector information 

8 regarding innovative stormwater control infra9 structure; 

10 (E) provide technical assistance to State, 

11 tribal, and local governments to assist with the 

12 construction, operation, and maintenance of in13 novative stormwater control infrastructure 

14 projects; 

15 (F) collaborate with institutions of higher 

16 education and private and public organizations 

17 in the geographical region in which the center 

18 is located on innovative stormwater control in19 frastructure research and technical assistance 

20 projects; 

21 (G) assist institutions of higher education, 

22 secondary schools, and vocational schools to de23 velop innovative stormwater control infrastruc24 ture curricula; 


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1 (H) provide training regarding innovative 

2 stormwater control infrastructure to institutions 

3 of higher education and professional schools; 

4 (I) evaluate regulatory and policy issues 

5 relating to innovative stormwater control infra6 structure; and 

7 (J) coordinate with the other centers to 

8 avoid duplication of efforts. 

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

10 under this section, an eligible institution shall prepare and 

11 submit to the Administrator an application at such time, 

12 in such form, and containing such information as the Ad13 ministrator may require. 

14 (c) NATIONAL ELECTRONIC CLEARINGHOUSE CEN15 TER.—Of the centers established under subsection (a)(1), 

16 1 shall— 

17 (1) be designated as the ‘‘national electronic 

18 clearinghouse center’’; and 

19 (2) in addition to the other functions of that 

20 center— 

21 (A) develop, operate, and maintain an 

22 Internet website and a public database that 

23 contains information relating to innovative 

24 stormwater control infrastructure; and 


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1 (B) post to the website information from 

2 all centers. 

3 SEC. 5. INNOVATIVE STORMWATER CONTROL INFRASTRUC4 TURE PROJECT GRANTS. 

5 (a) GRANT AUTHORITY.—The Administrator shall 

6 provide grants, on a competitive basis, to eligible entities 

7 to carry out innovative stormwater control infrastructure 

8 projects in accordance with this section. 

9 (b) INNOVATIVE STORMWATER CONTROL INFRA10 STRUCTURE PROJECTS.— 

11 (1) PLANNING AND DEVELOPMENT GRANTS.— 

12 The Administrator may make planning and develop13 ment grants under this section for the following 

14 projects: 

15 (A) Planning and designing innovative 

16 stormwater control infrastructure projects, in17 cluding engineering surveys, landscape plans, 

18 maps, and implementation plans. 

19 (B) Identifying and developing standards 

20 and revisions to local zoning, building, or other 

21 local codes necessary to accommodate innova22 tive stormwater control infrastructure projects. 

23 (C) Identifying and developing fee struc24 tures to provide financial support for design, inVerDate Sep 11 2014 04:02 Aug 16, 2017 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1695.IS S1695

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1 stallation, and operations and maintenance of 

2 innovative stormwater control infrastructure. 

3 (D) Developing training and educational 

4 materials regarding innovative stormwater con5 trol infrastructure for distribution to— 

6 (i) individuals and entities with appli7 cable technical knowledge; and 

8 (ii) the public. 

9 (E) Developing an innovative stormwater 

10 control infrastructure portfolio standard pro11 gram described in section 6(e). 

12 (2) IMPLEMENTATION GRANTS.—The Adminis13 trator may make implementation grants under this 

14 section for the following projects: 

15 (A) Installing innovative stormwater con16 trol infrastructure. 

17 (B) Protecting or restoring interconnected 

18 networks of natural areas that protect water 

19 quality. 

20 (C) Monitoring and evaluating the environ21 mental, economic, or social benefits of innova22 tive stormwater control infrastructure. 

23 (D) Implementing a best practices stand24 ard for an innovative stormwater control infra25 structure program. 


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1 (E) Implementing an innovative 

2 stormwater control infrastructure portfolio 

3 standard program described in section 6(e). 

4 (c) APPLICATION.—Except as otherwise provided in 

5 this Act, to be eligible to receive a grant under this section, 

6 an eligible entity shall prepare and submit to the Adminis7 trator an application at such time, in such form, and con8 taining such information as the Administrator may re9 quire, including, as applicable— 

10 (1) a description of the innovative stormwater 

11 control infrastructure project; 

12 (2) a plan for monitoring the impacts of the in13 novative stormwater control infrastructure project 

14 on the water quality and quantity; 

15 (3) an evaluation of other environmental, eco16 nomic, and social benefits of the innovative 

17 stormwater control infrastructure project; and 

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

19 maintenance of the innovative stormwater control in20 frastructure project. 

21 (d) ADDITIONAL REQUIREMENT FOR INNOVATIVE

22 STORMWATER CONTROL INFRASTRUCTURE PORTFOLIO

23 STANDARD PROJECT.—In addition to an application 

24 under subsection (c), a State or Indian tribe applying for 

25 a grant for an innovative stormwater control infrastrucVerDate Sep 11 2014 04:02 Aug 16, 2017 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1695.IS S1695

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1 ture portfolio standard program described in section 6(e) 

2 shall prepare and submit to the Administrator a schedule 

3 of increasing minimum percentages of the annual water 

4 to be managed using innovative stormwater control infra5 structure under the program. 

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

7 the Administrator shall give priority to applications sub8 mitted on behalf of— 

9 (1) a community that— 

10 (A) has combined storm and sanitary sew11 ers in the collection system of the community; 

12 or 

13 (B) is a low-income or disadvantaged com14 munity, as determined by the Administrator; or 

15 (2) an eligible entity that will use not less than 

16 10 percent of the grant to provide service to a low17 income or disadvantaged community, as determined 

18 by the Administrator. 

19 (f) MAXIMUM AMOUNTS.— 

20 (1) PLANNING AND DEVELOPMENT GRANTS.— 

21 (A) SINGLE GRANT.—The amount of a sin22 gle planning and development grant provided 

23 under this section shall be not more than 

24 $200,000. 


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1 (B) AGGREGATE AMOUNT.—The total 

2 amount of all planning and development grants 

3 provided under this section for a fiscal year 

shall be not more than 1 4 ⁄3 of the total amount 

5 made available to carry out this section. 

6 (2) IMPLEMENTATION GRANTS.— 

7 (A) SINGLE GRANT.—The amount of a sin8 gle implementation grant provided under this 

9 section shall be not more than $3,000,000. 

10 (B) AGGREGATE AMOUNT.—The total 

11 amount of all implementation grants provided 

12 under this section for a fiscal year shall be not 

more than 2 13 ⁄3 of the total amount made avail14 able to carry out this section. 

15 (g) FEDERAL SHARE.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (3), the Federal share of a grant provided 

18 under this section shall not exceed 65 percent of the 

19 total project cost. 

20 (2) CREDIT FOR IMPLEMENTATION GRANTS.— 

21 The Administrator shall credit toward the non-Fed22 eral share of the cost of an implementation project 

23 carried out under this section the cost of planning, 

24 design, and construction work completed for the 


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1 project using 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. 6. ENVIRONMENTAL PROTECTION AGENCY INNOVA8 TIVE STORMWATER CONTROL INFRASTRUC9 TURE PROMOTION. 

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

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

12 Compliance, the Office of Research and Development, and 

13 the Office of Policy of the Environmental Protection Agen14 cy promote the use of innovative stormwater control infra15 structure in and coordinate the integration of innovative 

16 stormwater control infrastructure into permitting pro17 grams, planning efforts, research, technical assistance, 

18 and funding guidance. 

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

20 the Office of Water— 

21 (1) promotes the use of innovative stormwater 

22 control infrastructure in the programs of the Envi23 ronmental Protection Agency; 

24 (2) supports establishing public-private partner25 ships and other innovative financing mechanisms in 


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1 the implementation of innovative stormwater control 

2 infrastructure; and 

3 (3) coordinates efforts to increase the use of in4 novative stormwater control infrastructure with— 

5 (A) other Federal departments and agen6 cies; 

7 (B) State, tribal, and local governments; 

8 and 

9 (C) the private sector. 

10 (c) REGIONAL INNOVATIVE STORMWATER CONTROL

11 INFRASTRUCTURE PROMOTION.—The Administrator shall 

12 direct each regional office of the Environmental Protection 

13 Agency, as appropriate based on local factors, to promote 

14 and integrate the use of innovative stormwater control in15 frastructure within the region that includes— 

16 (1) a plan for monitoring, financing, mapping, 

17 and designing the innovative stormwater control in18 frastructure; 

19 (2) outreach and training regarding innovative 

20 stormwater control infrastructure implementation 

21 for State, tribal, and local governments, tribal com22 munities, and the private sector; and 

23 (3) the incorporation of innovative stormwater 

24 control infrastructure into permitting and other reg25 ulatory programs, codes, and ordinance development, 


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1 including the requirements under consent decrees 

2 and settlement agreements in enforcement actions. 

3 (d) INNOVATIVE STORMWATER CONTROL INFRA4 STRUCTURE INFORMATION-SHARING.—The Administrator 

5 shall promote innovative stormwater control infrastructure 

6 information-sharing, including through an Internet 

7 website, to share information with, and provide technical 

8 assistance to, State, tribal, and local governments, tribal 

9 communities, the private sector, and the public regarding 

10 innovative stormwater control infrastructure approaches 

11 for— 

12 (1) reducing water pollution; 

13 (2) protecting water resources; 

14 (3) complying with regulatory requirements; 

15 and 

16 (4) achieving other environmental, public 

17 health, and community goals. 

18 (e) INNOVATIVE STORMWATER CONTROL INFRA19 STRUCTURE PORTFOLIO STANDARD.—The Administrator, 

20 in collaboration with State, tribal, and local water resource 

21 managers, shall establish voluntary measurable goals, to 

22 be known as the ‘‘innovative stormwater control infra23 structure portfolio standard’’, to increase the percentage 

24 of annual water managed by eligible entities that use inno25 vative stormwater control infrastructure. 


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1 SEC. 7. REPORT TO CONGRESS. 

2 Not later than September 30, 2019, the Adminis3 trator shall submit to Congress a report that includes, 

4 with respect to the period covered by the report— 

5 (1) a description of all grants provided under 

6 this Act; 

7 (2) a detailed description of— 

8 (A) the projects supported by those grants; 

9 and 

10 (B) the outcomes of those projects; 

11 (3) a description of the improvements in tech12 nology, environmental benefits, resources conserved, 

13 efficiencies, and other benefits of the projects funded 

14 under this Act; 

15 (4) recommendations for improvements to pro16 mote and support innovative stormwater control in17 frastructure for the centers, grants, and activities 

18 under this Act; and 

19 (5) a description of existing challenges con20 cerning the use of innovative stormwater control in21 frastructure. 

22 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated to carry out 

24 this Act such sums as are necessary for each of fiscal 

25 years 2018 through 2023. 

Æ 


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