I 

111TH CONGRESS 

1ST SESSION H. R. 4202 

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

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 3, 2009 

Ms. EDWARDS of Maryland (for herself, Mr. CARNAHAN, and Mr. DRIEHAUS) 

introduced the following bill; which was referred to the Committee on 

Transportation and Infrastructure, and in addition to the Committee on 

Science 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 2009’’. 

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 and State and local governments and the pri18 vate 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 section (a)(1) 

20 shall be designated and known as the ‘‘national electronic 

21 clearinghouse center’’ and shall, in addition to its other 

22 functions— 

23 (1) develop, operate, and maintain a Web site 

24 and a public database, containing information relat25 ing to green infrastructure; and 


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1 (2) post information from the centers to the 

2 Web site. 

3 SEC. 4. GREEN INFRASTRUCTURE GRANTS. 

4 (a) GRANT AUTHORITY.—The Administrator shall 

5 make grants on a competitive basis to eligible entities to 

6 carry out green infrastructure projects in accordance with 

7 this section. 

8 (b) GREEN INFRASTRUCTURE PROJECTS.— 

9 (1) PLANNING AND DEVELOPMENT GRANTS.— 

10 The Administrator may make planning and develop11 ment grants under this section for the following 

12 projects: 

13 (A) Planning and designing green infra14 structure projects, including engineering sur15 veys, landscape plans, and implementation 

16 plans. 

17 (B) Identifying and developing standards 

18 and revisions to local zoning, building, or other 

19 local codes necessary to accommodate green in20 frastructure projects. 

21 (C) Identifying and developing fee struc22 tures to provide financial support for design, in23 stallation, and operations and maintenance of 

24 green infrastructure. 


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1 (D) Developing training and educational 

2 materials about green infrastructure for dis3 tribution to both those with applicable technical 

4 knowledge and the public in general. 

5 (E) Developing a green infrastructure 

6 portfolio standard program described in section 

7 5(e). 

8 (2) IMPLEMENTATION GRANTS.—The Adminis9 trator may make implementation grants under this 

10 section for the following projects: 

11 (A) Installing green infrastructure. 

12 (B) Monitoring and evaluating the environ13 mental, economic, or social benefits of green in14 frastructure. 

15 (C) Implementing a best practices stand16 ard for a green infrastructure program. 

17 (D) Implementing a green infrastructure 

18 portfolio standard program described in section 

19 5(e). 

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

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

22 entity shall prepare and submit to the Administrator an 

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

24 such information and assurances as the Administrator 

25 may require, that includes, where applicable— 


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1 (1) a description of the green infrastructure 

2 project; 

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

4 green infrastructure project on the water quality and 

5 quantity; 

6 (3) an evaluation of other environmental, eco7 nomic, or social benefits of the green infrastructure 

8 project; and 

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

10 maintenance of the green infrastructure project. 

11 (d) ADDITIONAL REQUIREMENT FOR GREEN INFRA12 STRUCTURE PORTFOLIO STANDARD PROJECT.—A State 

13 applying for a grant for a green infrastructure portfolio 

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

15 and submit a schedule of increasing minimum percentages 

16 of the annual water to be managed using green infrastruc17 ture under the program. 

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

19 the Administrator shall give priority to applications— 

20 (1) submitted from a community— 

21 (A) that— 

22 (i) has combined storm and sanitary 

23 sewers in its collection system; or 

24 (ii) is low-income or disadvantaged as 

25 determined by the Administrator; or 


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1 (2) submitted from an eligible entity that will 

2 use 10 percent of the grant provided for a low-in3 come or disadvantaged community as determined by 

4 the Administrator. 

5 (f) GRANT LIMITATION.— 

6 (1) PLANNING AND DEVELOPMENT GRANT.— 

7 The Administrator may not make a planning and 

8 development grant under this section in an amount 

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

10 make planning and development grants of more than 

11 $100,000,000, in the aggregate, in each fiscal year. 

12 (2) IMPLEMENTATION GRANT.—The Adminis13 trator may not make an implementation grant under 

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

15 The Administrator may not make implementation 

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

17 in each fiscal year. 

18 (g) FEDERAL SHARE.— 

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

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

21 under this section may not exceed 65 percent of the 

22 total project cost. 

23 (2) CREDIT FOR IMPLEMENTATION GRANT.— 

24 The Administrator shall credit toward the non-Fed25 eral share of the cost of an implementation project 


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1 carried out under this section the cost of planning, 

2 design, and construction work completed for the 

3 project with funds other than funds provided under 

4 this Act. 

5 (3) EXCEPTION.—The Administrator may waive 

6 the Federal share limitation under paragraph (1) for 

7 an eligible entity that has adequately demonstrated 

8 financial need. 

9 SEC. 5. ENVIRONMENTAL PROTECTION AGENCY GREEN IN10 FRASTRUCTURE PROGRAM. 

11 (a) ESTABLISHMENT.—The Administrator shall es12 tablish within the Office of Water of the Agency a green 

13 infrastructure program, the purpose of which is to coordi14 nate and promote the use of green infrastructure and to 

15 integrate green infrastructure into permitting programs. 

16 (b) DUTIES.—The Administrator shall carry out the 

17 green infrastructure program by— 

18 (1) promoting the use of green infrastructure in 

19 the programs of the Agency; and 

20 (2) coordinating 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 PROGRAM.—The Administrator shall direct 

25 each regional office of the Agency to develop a program 


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1 to promote and integrate the use of green infrastructure 

2 within the region that includes— 

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 governments 

7 and the private sector; and 

8 (3) the incorporation of green infrastructure 

9 into permitting and other regulatory programs, 

10 codes, and ordinance development, including the re11 quirements under consent decrees and settlement 

12 agreements in enforcement actions. 

13 (d) GREEN INFRASTRUCTURE COMPLIANCE ASSIST14 ANCE CENTER.—The Administrator shall create a compli15 ance assistance center, including a Web site, to share in16 formation with and provide technical assistance to State 

17 and local governments, the private sector, and the public 

18 about green infrastructure approaches to reducing water 

19 pollution, protecting water resources, complying with reg20 ulatory requirements, and achieving other environmental, 

21 public health, and community goals. 

22 (e) GREEN INFRASTRUCTURE PORTFOLIO STAND23 ARD.—The Administrator, in collaboration with State and 

24 local water resource managers, shall establish measurable 

25 goals, to be known as the ‘‘green infrastructure portfolio 


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1 standard’’, to increase the percentage of annual water 

2 managed by eligible entities that uses green infrastruc3 ture. 

4 SEC. 6. REPORT TO CONGRESS. 

5 Before the end of fiscal year 2014, the Administrator 

6 shall submit to Congress a report that includes the fol7 lowing: 

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

9 Act and a detailed description of the projects sup10 ported and their outcomes. 

11 (2) 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 (3) Recommendations on improvements to pro16 mote and support green infrastructure for the cen17 ters, grants, and programs under this Act. 

18 (4) A description of the existing challenges con19 cerning the use of green infrastructure. 

20 SEC. 7. 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) 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 for el9 ementary schools, secondary schools, insti10 tutions of higher education, and vocational 

11 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; or 

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; 

12 and 

13 (iv) native soil characteristics of com14 position, structure, and transmissivity. 

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

16 the several States, the District of Columbia, the 

17 Commonwealth of Puerto Rico, the United States 

18 Virgin Islands, Guam, American Samoa, the Com19 monwealth of the Northern Mariana Islands, the 

20 Trust Territory of the Pacific Islands, and any other 

21 territory or possession of the United States. 

22 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) CENTERS OF EXCELLENCE FOR GREEN INFRA24 STRUCTURE.—There is authorized to be appropriated to 


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1 carry out section 3, $25,000,000 for each of fiscal years 

2 2011 through 2014. 

3 (b) GREEN INFRASTRUCTURE GRANTS.—There is 

4 authorized to be appropriated to carry out section 4, 

5 $300,000,000 for each of fiscal years 2011 through 2014. 

6 (c) ENVIRONMENTAL PROTECTION AGENCY GREEN

7 INFRASTRUCTURE PROGRAM.—There is authorized to be 

8 appropriated to carry out section 5, $25,000,000 for each 

9 of fiscal years 2011 through 2014. 

Æ 


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