I 

116TH CONGRESS 

1ST SESSION H. R. 4266 

To establish centers of excellence for innovative stormwater control 

infrastructure, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 10, 2019 

Mr. HECK (for himself and Mr. KATKO) 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 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 ‘‘Clean Water Through 

5 Green Infrastructure Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


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1 (1) many water resources in the United States 

2 are declining, particularly in urban and agricultural 

3 areas; 

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

5 of— 

6 (A) an increase in population, water con7 sumption, agricultural production, and imper8 meable surfaces; and 

9 (B) the negative effects of urbanization, 

10 commercial and industrial activities, and in11 creasing and persistent droughts; and 

12 (3) an October 2008 study by the National Re13 search Council found that some of the benefits of in14 novative stormwater control infrastructure include— 

15 (A) increased water supplies; 

16 (B) the creation of jobs; 

17 (C) cost savings; and 

18 (D) a reduction of stormwater runoff, sur19 face water discharge, stormwater pollution, and 

20 stormwater flows to protect and restore natural 

21 hydrology, meeting local conditions to the max22 imum extent feasible. 

23 SEC. 3. DEFINITIONS. 

24 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) CENTER.—The term ‘‘center’’ means a cen5 ter of excellence for innovative stormwater control 

6 infrastructure established under section 4(a). 

7 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti8 ty’’ means— 

9 (A) a State, Tribal, or local government; or 

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

11 manages stormwater, drinking water resources, 

12 or wastewater resources. 

13 (4) ELIGIBLE INSTITUTION.— 

14 (A) IN GENERAL.—The term ‘‘eligible in15 stitution’’ means an institution of higher edu16 cation (as defined in section 101 of the Higher 

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

18 research institution that has demonstrated ex19 cellence in innovative stormwater control infra20 structure by— 

21 (i) conducting research on innovative 

22 stormwater control infrastructure to deter23 mine the means by which innovative infra24 structure reduces stormwater runoff, enVerDate Sep 11 2014 02:19 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4266.IH H4266

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1 hances and protects drinking water 

2 sources, and improves water quality; 

3 (ii) developing and disseminating in4 formation regarding the means by which 

5 an organization can use innovative storm6 water control infrastructure; 

7 (iii) providing technical assistance to 

8 an organization for an innovative stormwa9 ter control infrastructure project; 

10 (iv) developing best practices stand11 ards for innovative stormwater control in12 frastructure; 

13 (v) providing job training relating to 

14 innovative stormwater control infrastruc15 ture; 

16 (vi) developing course curricula for— 

17 (I) elementary schools (as defined 

18 in section 8101 of the Elementary and 

19 Secondary Education Act of 1965 (20 

20 U.S.C. 7801)); 

21 (II) secondary schools (as defined 

22 in section 8101 of the Elementary and 

23 Secondary Education Act of 1965 (20 

24 U.S.C. 7801)); 


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1 (III) institutions of higher edu2 cation (as defined in section 101 of 

3 the Higher Education Act of 1965 (20 

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

5 (IV) vocational schools; 

6 (vii) training students regarding inno7 vative stormwater control infrastructure; or 

8 (viii) providing information to the 

9 Federal Government or State, Tribal, and 

10 local governments regarding the implemen11 tation of innovative stormwater control in12 frastructure. 

13 (B) ASSOCIATED DEFINITION.—For pur14 poses of subparagraph (A), the term ‘‘research 

15 institution’’ means an entity that is— 

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

17 the Internal Revenue Code of 1986; 

18 (ii) exempt from tax under section 

19 501(a) of the Internal Revenue Code of 

20 1986; and 

21 (iii) organized and operated for re22 search purposes. 

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

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


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

2 1377(h)). 

3 (6) INNOVATIVE STORMWATER CONTROL INFRA4 STRUCTURE.— 

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

6 stormwater control infrastructure’’ means any 

7 green infrastructure stormwater management 

8 technique that— 

9 (i) uses natural systems or engineered 

10 systems that mimic natural processes to 

11 infiltrate, evapotranspire, or capture 

12 stormwater; and 

13 (ii) preserves, enhances, or mimics 

14 natural hydrology to protect or restore 

15 water quality. 

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

17 stormwater control infrastructure’’ includes— 

18 (i) methods that promote absorption, 

19 uptake, percolation, evapotranspiration, 

20 and filtration by soil and plant life; and 

21 (ii) the preservation or restoration 

22 of— 

23 (I) natural topography, including 

24 hills, plains, ravines, and shorelines; 


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1 (II) interconnected networks of 

2 natural land that protect essential ec3 ological functions critical for water 

4 quality; 

5 (III) ecological function, includ6 ing forests, grasslands, and deserts; 

7 (IV) bodies of water, including 

8 lakes, flood plains, headwaters, and 

9 wetlands; and 

10 (V) native soil characteristics of 

11 composition, structure, and transmis12 sivity. 

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

14 (A) each of the several States of the 

15 United States; 

16 (B) the District of Columbia; 

17 (C) the Commonwealth of Puerto Rico; 

18 (D) Guam; 

19 (E) American Samoa; 

20 (F) the Commonwealth of the Northern 

21 Mariana Islands; 

22 (G) the Federated States of Micronesia; 

23 (H) the Republic of the Marshall Islands; 

24 (I) the Republic of Palau; and 

25 (J) the United States Virgin Islands. 


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1 SEC. 4. CENTERS OF EXCELLENCE FOR INNOVATIVE 

2 STORMWATER CONTROL INFRASTRUCTURE. 

3 (a) ESTABLISHMENT OF CENTERS.— 

4 (1) IN GENERAL.—The Administrator shall pro5 vide grants, on a competitive basis, to eligible insti6 tutions to establish and maintain not less than 3, 

7 and not more than 5, centers of excellence for inno8 vative stormwater control infrastructure, to be lo9 cated in various regions throughout the United 

10 States. 

11 (2) GENERAL OPERATION.—Each center 

12 shall— 

13 (A) conduct research on innovative 

14 stormwater control infrastructure that is rel15 evant to the geographical region in which the 

16 center is located, including stormwater and 

17 sewer overflow reduction, other approaches to 

18 water resource enhancement, and other environ19 mental, economic, and social benefits; 

20 (B) develop manuals and establish industry 

21 standards on best management practices relat22 ing to State, Tribal, local, and commercial inno23 vative stormwater control infrastructure for use 

24 by State, Tribal, and local governments and the 

25 private sector; 


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1 (C) develop and administer testing and 

2 evaluation protocols to measure and verify the 

3 performance of stormwater infrastructure prod4 ucts and practices; 

5 (D) provide information regarding research 

6 conducted under subparagraph (A), manuals 

7 developed under subparagraph (B), and testing 

8 and evaluation performed under subparagraph 

9 (C) to the national electronic clearinghouse cen10 ter for publication on the internet website es11 tablished under subsection (c) to provide to the 

12 Federal Government and State, Tribal, and 

13 local governments and the private sector infor14 mation regarding innovative stormwater control 

15 infrastructure; 

16 (E) provide technical assistance to State, 

17 Tribal, and local governments to assist with the 

18 construction, operation, and maintenance of in19 novative stormwater control infrastructure 

20 projects; 

21 (F) collaborate with institutions of higher 

22 education and private and public organizations 

23 in the geographical region in which the center 

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1 frastructure research and technical assistance 

2 projects; 

3 (G) assist institutions of higher education, 

4 secondary schools, and vocational schools to de5 velop innovative stormwater control infrastruc6 ture curricula; 

7 (H) provide training regarding innovative 

8 stormwater control infrastructure to institutions 

9 of higher education and professional schools; 

10 (I) evaluate regulatory and policy issues 

11 relating to innovative stormwater control infra12 structure; and 

13 (J) coordinate with the other centers to 

14 avoid duplication of efforts. 

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

16 under this section, an eligible institution shall prepare and 

17 submit to the Administrator an application at such time, 

18 in such form, and containing such information as the Ad19 ministrator may require. 

20 (c) NATIONAL ELECTRONIC CLEARINGHOUSE CEN21 TER.—Of the centers established under subsection (a)(1), 

22 one shall— 

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

24 clearinghouse center’’; and 


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

2 center— 

3 (A) develop, operate, and maintain an 

4 internet website and a public database that con5 tains information relating to innovative storm6 water control infrastructure; and 

7 (B) post to the website information from 

8 all centers. 

9 SEC. 5. INNOVATIVE STORMWATER CONTROL INFRASTRUC10 TURE PROJECT GRANTS. 

11 (a) GRANT AUTHORITY.—The Administrator shall 

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

13 to carry out innovative stormwater control infrastructure 

14 projects in accordance with this section. 

15 (b) INNOVATIVE STORMWATER CONTROL INFRA16 STRUCTURE PROJECTS.— 

17 (1) PLANNING AND DEVELOPMENT GRANTS.— 

18 The Administrator may make planning and develop19 ment grants under this section for the following 

20 projects: 

21 (A) Planning and designing innovative 

22 stormwater control infrastructure projects, in23 cluding engineering surveys, landscape plans, 

24 maps, and implementation plans. 


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1 (B) Identifying and developing standards 

2 and revisions to local zoning, building, or other 

3 local codes necessary to accommodate innova4 tive stormwater control infrastructure projects. 

5 (C) Identifying and developing fee struc6 tures to provide financial support for design, in7 stallation, and operations and maintenance of 

8 innovative stormwater control infrastructure. 

9 (D) Developing training and educational 

10 materials regarding innovative stormwater con11 trol infrastructure for distribution to— 

12 (i) individuals and entities with appli13 cable technical knowledge; and 

14 (ii) the public. 

15 (2) IMPLEMENTATION GRANTS.—The Adminis16 trator may make implementation grants under this 

17 section for the following projects: 

18 (A) Installing innovative stormwater con19 trol infrastructure. 

20 (B) Protecting or restoring interconnected 

21 networks of natural areas that protect water 

22 quality. 

23 (C) Monitoring and evaluating the environ24 mental, economic, or social benefits of innova25 tive stormwater control infrastructure. 


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1 (D) Implementing a best practices stand2 ard for an innovative stormwater control infra3 structure program. 

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 stormwa17 ter 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) PRIORITY.—In making grants under this section, 

22 the Administrator shall give priority to applications sub23 mitted on behalf of— 

24 (1) a community that— 


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1 (A) has combined storm and sanitary sew2 ers in the collection system of the community; 

3 or 

4 (B) is a low-income or disadvantaged com5 munity, as determined by the Administrator; or 

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

7 10 percent of the grant to provide service to a low8 income or disadvantaged community, as determined 

9 by the Administrator. 

10 (e) MAXIMUM AMOUNTS.— 

11 (1) PLANNING AND DEVELOPMENT GRANTS.— 

12 (A) SINGLE GRANT.—The amount of a sin13 gle planning and development grant provided 

14 under this section shall be not more than 

15 $200,000. 

16 (B) AGGREGATE AMOUNT.—The total 

17 amount of all planning and development grants 

18 provided under this section for a fiscal year 

shall be not more than 1 19 ⁄3 of the total amount 

20 made available to carry out this section. 

21 (2) IMPLEMENTATION GRANTS.— 

22 (A) SINGLE GRANT.—The amount of a sin23 gle implementation grant provided under this 

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


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1 (B) AGGREGATE AMOUNT.—The total 

2 amount of all implementation grants provided 

3 under this section for a fiscal year shall be not 

more than 2 4 ⁄3 of the total amount made avail5 able to carry out this section. 

6 (f) FEDERAL SHARE.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (3), the Federal share of a grant provided 

9 under this section shall not exceed 65 percent of the 

10 total project cost. 

11 (2) CREDIT FOR IMPLEMENTATION GRANTS.— 

12 The Administrator shall credit toward the non-Fed13 eral share of the cost of an implementation project 

14 carried out under this section the cost of planning, 

15 design, and construction work completed for the 

16 project using funds other than funds provided under 

17 this Act. 

18 (3) EXCEPTION.—The Administrator may waive 

19 the Federal share limitation under paragraph (1) for 

20 an eligible entity that has adequately demonstrated 

21 financial need. 

22 SEC. 6. REPORT TO CONGRESS. 

23 Not later than September 30, 2021, the Adminis24 trator shall submit to Congress a report that includes, 

25 with respect to the period covered by the report— 


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1 (1) a description of all grants provided under 

2 this Act; 

3 (2) a detailed description of— 

4 (A) the projects supported by those grants; 

5 and 

6 (B) the outcomes of those projects; 

7 (3) a description of the improvements in tech8 nology, environmental benefits, resources conserved, 

9 efficiencies, and other benefits of the projects funded 

10 under this Act; 

11 (4) recommendations for improvements to pro12 mote and support innovative stormwater control in13 frastructure for the centers, grants, and activities 

14 under this Act; and 

15 (5) a description of existing challenges con16 cerning the use of innovative stormwater control in17 frastructure. 

18 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated to carry out 

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

21 years 2020 through 2025. 

Æ 


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