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. 

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— 

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 storm2 water control infrastructure; 

3 (iii) providing technical assistance to 

4 an organization for an innovative stormwa5 ter 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 transmis6 sivity. 

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 

7 local governments and the private sector infor8 mation regarding innovative stormwater control 

9 infrastructure; 

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 one 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 con23 tains information relating to innovative storm24 water 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 00:15 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2456.IS S2456

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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 (2) IMPLEMENTATION GRANTS.—The Adminis10 trator may make implementation grants under this 

11 section for the following projects: 

12 (A) Installing innovative stormwater con13 trol infrastructure. 

14 (B) Protecting or restoring interconnected 

15 networks of natural areas that protect water 

16 quality. 

17 (C) Monitoring and evaluating the environ18 mental, economic, or social benefits of innova19 tive stormwater control infrastructure. 

20 (D) Implementing a best practices stand21 ard for an innovative stormwater control infra22 structure program. 

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

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

25 an eligible entity shall prepare and submit to the AdminisVerDate Sep 11 2014 00:15 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2456.IS S2456

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1 trator an application at such time, in such form, and con2 taining such information as the Administrator may re3 quire, including, as applicable— 

4 (1) a description of the innovative stormwater 

5 control infrastructure project; 

6 (2) a plan for monitoring the impacts of the in7 novative stormwater control infrastructure project 

8 on the water quality and quantity; 

9 (3) an evaluation of other environmental, eco10 nomic, and social benefits of the innovative stormwa11 ter control infrastructure project; and 

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

13 maintenance of the innovative stormwater control in14 frastructure project. 

15 (d) PRIORITY.—In making grants under this section, 

16 the Administrator shall give priority to applications sub17 mitted on behalf of— 

18 (1) a community that— 

19 (A) has combined storm and sanitary sew20 ers in the collection system of the community; 

21 or 

22 (B) is a low-income or disadvantaged com23 munity, as determined by the Administrator; or 

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

25 10 percent of the grant to provide service to a lowVerDate Sep 11 2014 00:15 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2456.IS S2456

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1 income or disadvantaged community, as determined 

2 by the Administrator. 

3 (e) MAXIMUM AMOUNTS.— 

4 (1) PLANNING AND DEVELOPMENT GRANTS.— 

5 (A) SINGLE GRANT.—The amount of a sin6 gle planning and development grant provided 

7 under this section shall be not more than 

8 $200,000. 

9 (B) AGGREGATE AMOUNT.—The total 

10 amount of all planning and development grants 

11 provided under this section for a fiscal year 

shall be not more than 1 12 ⁄3 of the total amount 

13 made available to carry out this section. 

14 (2) IMPLEMENTATION GRANTS.— 

15 (A) SINGLE GRANT.—The amount of a sin16 gle implementation grant provided under this 

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

18 (B) AGGREGATE AMOUNT.—The total 

19 amount of all implementation grants provided 

20 under this section for a fiscal year shall be not 

more than 2 21 ⁄3 of the total amount made avail22 able to carry out this section. 

23 (f) FEDERAL SHARE.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (3), the Federal share of a grant provided 


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1 under this section shall not exceed 65 percent of the 

2 total project cost. 

3 (2) CREDIT FOR IMPLEMENTATION GRANTS.— 

4 The Administrator shall credit toward the non-Fed5 eral share of the cost of an implementation project 

6 carried out under this section the cost of planning, 

7 design, and construction work completed for the 

8 project using funds other than funds provided under 

9 this Act. 

10 (3) EXCEPTION.—The Administrator may waive 

11 the Federal share limitation under paragraph (1) for 

12 an eligible entity that has adequately demonstrated 

13 financial need. 

14 SEC. 6. REPORT TO CONGRESS. 

15 Not later than September 30, 2021, the Adminis16 trator shall submit to Congress a report that includes, 

17 with respect to the period covered by the report— 

18 (1) a description of all grants provided under 

19 this Act; 

20 (2) a detailed description of— 

21 (A) the projects supported by those grants; 

22 and 

23 (B) the outcomes of those projects; 

24 (3) a description of the improvements in tech25 nology, environmental benefits, resources conserved, 


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1 efficiencies, and other benefits of the projects funded 

2 under this Act; 

3 (4) recommendations for improvements to pro4 mote and support innovative stormwater control in5 frastructure for the centers, grants, and activities 

6 under this Act; and 

7 (5) a description of existing challenges con8 cerning the use of innovative stormwater control in9 frastructure. 

10 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

11 There are authorized to be appropriated to carry out 

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

13 years 2020 through 2025. 

Æ 


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