II 

111TH CONGRESS 

2D SESSION S. 3561 

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

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 30, 2010 

Mr. UDALL of New Mexico (for himself and Mr. WHITEHOUSE) 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 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 2010’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) many water resources in the United States 

9 are declining, particularly in urban areas; 


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

2 of an increase in population, water consumption, and 

3 impermeable surfaces, as well as the negative effects 

4 of urbanization, commercial and industrial activities, 

5 and climate change; and 

6 (3) an October 2008 study by the National Re7 search Council found that some of the benefits of 

8 green infrastructure include increased water sup9 plies, the creation of green jobs, cost savings, and a 

10 reduction of stormwater runoff, surface water dis11 charge, stormwater pollution, and stormwater flows. 

12 SEC. 3. DEFINITIONS. 

13 In this Act: 

14 (1) ADMINISTRATOR.—The term ‘‘Adminis15 trator’’ means the Administrator of the Environ16 mental Protection Agency. 

17 (2) CENTER.—The term ‘‘center’’ means a cen18 ter of excellence for green infrastructure established 

19 under section 4(a). 

20 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti21 ty’’ means— 

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

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

24 manages stormwater, water resources, or waste 

25 water resources. 


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1 (4) ELIGIBLE INSTITUTION.— 

2 (A) IN GENERAL.—The term ‘‘eligible in3 stitution’’ means an institution of higher edu4 cation (as defined in section 101 of the Higher 

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

6 research institution, that has demonstrated ex7 cellence in green infrastructure by— 

8 (i) conducting research on green in9 frastructure to determine the means by 

10 which green infrastructure reduces 

11 stormwater runoff, enhances and protects 

12 drinking water sources, and improves 

13 water quality; 

14 (ii) developing and disseminating in15 formation regarding the means by which 

16 an organization can use green infrastruc17 ture; 

18 (iii) providing technical assistance to 

19 an organization for a green infrastructure 

20 project; 

21 (iv) developing best practices stand22 ards for green infrastructure; 

23 (v) providing job training relating to 

24 green infrastructure; 

25 (vi) developing course curricula for— 


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1 (I) elementary schools (as defined 

2 in section 9101 of the Elementary and 

3 Secondary Education Act of 1965 (20 

4 U.S.C. 7801)); 

5 (II) secondary schools (as defined 

6 in that section); 

7 (III) institutions of higher edu8 cation (as defined in section 101 of 

9 the Higher Education Act of 1965 (20 

10 U.S.C. 1001)); and 

11 (IV) vocational schools; 

12 (vii) training students regarding green 

13 infrastructure; or 

14 (viii) providing information to the 

15 Federal Government or State, tribal, and 

16 local governments regarding the implemen17 tation of green infrastructure. 

18 (B) ASSOCIATED DEFINITION.—For pur19 poses of subparagraph (A), the term ‘‘research 

20 institution’’ means an entity that is— 

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

22 the Internal Revenue Code of 1986; 

23 (ii) exempt from tax under section 

24 501(a) of the Internal Revenue Code of 

25 1986; and 


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1 (iii) organized and operated for re2 search purposes. 

3 (5) GREEN INFRASTRUCTURE.— 

4 (A) IN GENERAL.—The term ‘‘green infra5 structure’’ means any stormwater management 

6 technique that preserves, restores, enhances, or 

7 mimics natural hydrology. 

8 (B) INCLUSIONS.—The term ‘‘green infra9 structure’’ includes— 

10 (i) methods that promote absorption, 

11 uptake, percolation, evapotranspiration, 

12 and filtration by soil and plant life; and 

13 (ii) the preservation or restoration 

14 of— 

15 (I) natural topography, including 

16 hills, plains, ravines, and shorelines; 

17 (II) interconnected networks of 

18 natural land that protect essential ec19 ological functions critical for water 

20 quality; 

21 (III) ecology, including forests, 

22 grasslands, and deserts; 

23 (IV) bodies of water, including 

24 lakes, flood plains, headwaters, and 

25 wetlands; and 


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1 (V) native soil characteristics of 

2 composition, structure, and 

3 transmissivity. 

4 (6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

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

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

7 1377(h)). 

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

9 (A) each of the several States of the 

10 United States; 

11 (B) the District of Columbia; 

12 (C) the Commonwealth of Puerto Rico; 

13 (D) Guam; 

14 (E) American Samoa; 

15 (F) the Commonwealth of the Northern 

16 Mariana Islands; 

17 (G) the Federated States of Micronesia; 

18 (H) the Republic of the Marshall Islands; 

19 (I) the Republic of Palau; and 

20 (J) the United States Virgin Islands. 

21 SEC. 4. CENTERS OF EXCELLENCE FOR GREEN INFRA22 STRUCTURE. 

23 (a) ESTABLISHMENT OF CENTERS.— 

24 (1) IN GENERAL.—The Administrator shall pro25 vide grants, on a competitive basis, to eligible instiVerDate Mar 15 2010 21:55 Jul 01, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3561.IS S3561

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1 tutions to establish and maintain not less than 3, 

2 and not more than 5, centers of excellence for green 

3 infrastructure, to be located in various regions 

4 throughout the United States. 

5 (2) GENERAL OPERATION.—Each center 

6 shall— 

7 (A) conduct research on green infrastruc8 ture that is relevant to the geographical region 

9 in which the center is located, including 

10 stormwater and sewer overflow reduction, other 

11 approaches to water resource enhancement, and 

12 other environmental, economic, and social bene13 fits; 

14 (B) develop manuals and establish industry 

15 standards on best management practices relat16 ing to State, tribal, local, and commercial green 

17 infrastructure for use by State, tribal, and local 

18 governments and the private sector; 

19 (C) provide information regarding research 

20 conducted under subparagraph (A) and manu21 als developed under subparagraph (B) to the 

22 national electronic clearinghouse center for pub23 lication on the Internet website established 

24 under subsection (c) to provide to the Federal 

25 Government and State, tribal, and local governVerDate Mar 15 2010 21:55 Jul 01, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3561.IS S3561

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1 ments and the private sector information re2 garding green infrastructure; 

3 (D) provide technical assistance to State, 

4 tribal, and local governments to assist with the 

5 construction, operation, and maintenance of 

6 green infrastructure projects; 

7 (E) collaborate with institutions of higher 

8 education and private and public organizations 

9 in the geographical region in which the center 

10 is located on green infrastructure research and 

11 technical assistance projects; 

12 (F) assist institutions of higher education, 

13 secondary schools, and vocational schools to de14 velop green infrastructure curricula; 

15 (G) provide training regarding green infra16 structure to institutions of higher education and 

17 professional schools; 

18 (H) evaluate regulatory and policy issues 

19 relating to green infrastructure; and 

20 (I) coordinate with the other centers to 

21 avoid duplication of efforts. 

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

23 under this section, an eligible institution shall prepare and 

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


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1 in such form, and containing such information as the Ad2 ministrator may require. 

3 (c) NATIONAL ELECTRONIC CLEARINGHOUSE CEN4 TER.—Of the centers established under section (a)(1), 1 

5 shall— 

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

7 clearinghouse center’’; and 

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

9 center— 

10 (A) develop, operate, and maintain an 

11 Internet website and a public database that 

12 contain information relating to green infra13 structure; and 

14 (B) post to the website information from 

15 all centers. 

16 SEC. 5. GREEN INFRASTRUCTURE PROJECT GRANTS. 

17 (a) GRANT AUTHORITY.—The Administrator shall 

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

19 to carry out green infrastructure projects in accordance 

20 with this section. 

21 (b) GREEN INFRASTRUCTURE PROJECTS.— 

22 (1) PLANNING AND DEVELOPMENT GRANTS.— 

23 The Administrator may make planning and develop24 ment grants under this section for the following 

25 projects: 


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1 (A) Planning and designing green infra2 structure projects, including engineering sur3 veys, landscape plans, maps, and implementa4 tion plans. 

5 (B) Identifying and developing standards 

6 and revisions to local zoning, building, or other 

7 local codes necessary to accommodate green in8 frastructure projects. 

9 (C) Identifying and developing fee struc10 tures to provide financial support for design, in11 stallation, and operations and maintenance of 

12 green infrastructure. 

13 (D) Developing training and educational 

14 materials regarding green infrastructure for 

15 distribution to— 

16 (i) individuals and entities with appli17 cable technical knowledge; and 

18 (ii) the public. 

19 (E) Developing a green infrastructure 

20 portfolio standard program described in section 

21 6(e). 

22 (2) IMPLEMENTATION GRANTS.—The Adminis23 trator may make implementation grants under this 

24 section for the following projects: 

25 (A) Installing green infrastructure. 


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1 (B) Protecting or restoring interconnected 

2 networks of natural areas that protect water 

3 quality. 

4 (C) Monitoring and evaluating the environ5 mental, economic, or social benefits of green in6 frastructure. 

7 (D) Implementing a best practices stand8 ard for a green infrastructure program. 

9 (E) Implementing a green infrastructure 

10 portfolio standard program described in section 

11 6(e). 

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

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

14 an eligible entity shall prepare and submit to the Adminis15 trator an application at such time, in such form, and con16 taining such information as the Administrator may re17 quire, including, as applicable— 

18 (1) a description of the green infrastructure 

19 project; 

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

21 green infrastructure project on the water quality and 

22 quantity; 

23 (3) an evaluation of other environmental, eco24 nomic, and social benefits of the green infrastructure 

25 project; and 


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

2 maintenance of the green infrastructure project. 

3 (d) ADDITIONAL REQUIREMENT FOR GREEN INFRA4 STRUCTURE PORTFOLIO STANDARD PROJECT.—In addi5 tion to an application under subsection (c), a State or In6 dian tribe applying for a grant for a green infrastructure 

7 portfolio standard program described in section 6(e) shall 

8 prepare and submit to the Administrator a schedule of in9 creasing minimum percentages of the annual water to be 

10 managed using green infrastructure under the program. 

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

12 the Administrator shall give priority to applications sub13 mitted on behalf of— 

14 (1) a community that— 

15 (A) has combined storm and sanitary sew16 ers in the collection system of the community; 

17 or 

18 (B) is a low-income or disadvantaged com19 munity, as determined by the Administrator; or 

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

21 10 percent of the grant to provide service to a low22 income or disadvantaged community, as determined 

23 by the Administrator. 

24 (f) MAXIMUM AMOUNTS.— 

25 (1) PLANNING AND DEVELOPMENT GRANTS.— 


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1 (A) SINGLE GRANT.—The amount of a sin2 gle planning and development grant provided 

3 under this section shall be not more than 

4 $200,000. 

5 (B) AGGREGATE AMOUNT.—The total 

6 amount of all planning and development grants 

7 provided under this section during a fiscal year 

shall be not more than 1 8 ⁄3 of the total amount 

9 made available to carry out this section. 

10 (2) IMPLEMENTATION GRANTS.— 

11 (A) SINGLE GRANT.—The amount of a sin12 gle implementation grant provided under this 

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

14 (B) AGGREGATE AMOUNT.—The total 

15 amount of all implementation grants provided 

16 under this section during a fiscal year shall be 

not more than 2 17 ⁄3 of the total amount made 

18 available to carry out this section. 

19 (g) FEDERAL SHARE.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (3), the Federal share of a grant provided 

22 under this section shall not exceed 65 percent of the 

23 total project cost. 

24 (2) CREDIT FOR IMPLEMENTATION GRANTS.— 

25 The Administrator shall credit toward the non-FedVerDate Mar 15 2010 21:55 Jul 01, 2010 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3561.IS S3561

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1 eral share of the cost of an implementation project 

2 carried out under this section the cost of planning, 

3 design, and construction work completed for the 

4 project using funds other than funds provided under 

5 this Act. 

6 (3) EXCEPTION.—The Administrator may waive 

7 the Federal share limitation under paragraph (1) for 

8 an eligible entity that has adequately demonstrated 

9 financial need. 

10 SEC. 6. ENVIRONMENTAL PROTECTION AGENCY GREEN IN11 FRASTRUCTURE PROGRAM. 

12 (a) ESTABLISHMENT.—The Administrator shall es13 tablish within the Office of Water of the Environmental 

14 Protection Agency a green infrastructure program, the 

15 purposes of which shall be— 

16 (1) to coordinate and promote the use of green 

17 infrastructure; and 

18 (2) to integrate green infrastructure into per19 mitting programs. 

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

21 green infrastructure program by— 

22 (1) promoting the use of green infrastructure in 

23 the programs of the Environmental Protection Agen24 cy; and 


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1 (2) coordinating efforts to increase the use of 

2 green infrastructure with— 

3 (A) other Federal departments and agen4 cies; 

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

6 and 

7 (C) the private sector. 

8 (c) REGIONAL IMPLEMENTATION OF GREEN INFRA9 STRUCTURE PROGRAM.—The Administrator shall direct 

10 each regional office of the Environmental Protection 

11 Agency to develop a program to promote and integrate the 

12 use of green infrastructure within the region that in13 cludes— 

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

15 and designing the green infrastructure; 

16 (2) outreach and training regarding green in17 frastructure implementation for State, tribal, and 

18 local governments and the private sector; and 

19 (3) the incorporation of green infrastructure 

20 into permitting and other regulatory programs, 

21 codes, and ordinance development, including the re22 quirements under consent decrees and settlement 

23 agreements in enforcement actions. 

24 (d) GREEN INFRASTRUCTURE COMPLIANCE ASSIST25 ANCE CENTER.—The Administrator shall establish a comVerDate Mar 15 2010 21:55 Jul 01, 2010 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3561.IS S3561

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1 pliance assistance center, including a Internet website, to 

2 share information with, and provide technical assistance 

3 to, State, tribal, and local governments, the private sector, 

4 and the public regarding green infrastructure approaches 

5 for— 

6 (1) reducing water pollution; 

7 (2) protecting water resources; 

8 (3) complying with regulatory requirements; 

9 and 

10 (4) achieving other environmental, public 

11 health, and community goals. 

12 (e) GREEN INFRASTRUCTURE PORTFOLIO STAND13 ARD.—The Administrator, in collaboration with State, 

14 tribal, and local water resource managers, shall establish 

15 measurable goals, to be known as the ‘‘green infrastruc16 ture portfolio standard’’, to increase the percentage of an17 nual water managed by eligible entities that use green in18 frastructure. 

19 SEC. 7. REPORT TO CONGRESS. 

20 Not later than September 30, 2014, the Adminis21 trator shall submit to Congress a report that includes, 

22 with respect to the period covered by the report— 

23 (1) a description of all grants provided under 

24 this Act; 

25 (2) a detailed description of— 


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1 (A) the projects supported by those grants; 

2 and 

3 (B) the outcomes of those projects; 

4 (3) a description of the improvements in tech5 nology, environmental benefits, resources conserved, 

6 efficiencies, and other benefits of the projects funded 

7 under this Act; 

8 (4) recommendations for improvements to pro9 mote and support green infrastructure for the cen10 ters, grants, and programs under this Act; and 

11 (5) a description of existing challenges con12 cerning the use of green infrastructure. 

13 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

14 There are authorized to be appropriated to carry out 

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

16 years 2011 through 2014. 

Æ 


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