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 with-
in the jurisdiction of the committee concerned 
A BILL 
To establish centers of excellence for green infrastructure, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Green Infrastructure 
for Clean Water Act of 2009’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) Many water resources in the United States 
are declining, particularly in urban areas. 
(2) This decline of water resources is the result 
of an increase in population, water consumption, and 
impermeable surfaces, as well as the negative effects 
of urbanization, commercial and industrial activities, 
and climate change. 
(3) An October 2008 study by the National Re-
search Council found that some of the benefits of 
green infrastructure include increased water sup-
plies, the creation of green jobs, cost savings, and a 
reduction of stormwater runoff, surface water dis-
charge, stormwater pollution, and stormwater flows. 
SEC. 3. CENTERS OF EXCELLENCE FOR GREEN INFRA-
STRUCTURE. 
(a) ESTABLISHMENT OF CENTERS.— 
(1) IN
GENERAL.—The Administrator shall 
make grants on a competitive basis to eligible insti-
tutions to establish and maintain not fewer than 3 
and not more than 5 centers of excellence for green 
infrastructure, located throughout the United States. 
(2) 
GENERAL
OPERATION.—Each 
center 
shall— 
(A) conduct research on green infrastruc-
ture that is relevant to the geographic region in 
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which 
the 
center 
is 
located, 
including 
stormwater and sewer overflow reduction, other 
approaches to water resource enhancement, and 
other environmental, economic, and social bene-
fits; 
(B) develop manuals and set industry 
standards on best management practices relat-
ing to State, local, and commercial green infra-
structure for use by State and local govern-
ments and the private sector; 
(C) provide information about research 
conducted under subparagraph (A) and manu-
als produced under subparagraph (B) to the na-
tional electronic clearinghouse center for publi-
cation on the Web site created pursuant to sub-
section (c) to inform the Federal Government 
and State and local governments and the pri-
vate sector about green infrastructure; 
(D) provide technical assistance to State 
and local governments to assist with green in-
frastructure projects; 
(E) collaborate with institutions of higher 
education and private and public organizations 
in the geographic region in which the center is 
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located on green infrastructure research and 
technical assistance projects; 
(F) assist institutions of higher education, 
secondary schools, and vocational schools to de-
velop green infrastructure curricula; 
(G) provide training about green infra-
structure to institutions of higher education and 
professional schools; 
(H) evaluate regulatory and policy issues 
about green infrastructure; and 
(I) coordinate with the other centers to 
avoid duplication of efforts. 
(b) APPLICATION.—To be eligible to receive a grant 
under this section, an eligible institution shall prepare and 
submit to the Administrator an application at such a time, 
in such form, and containing such information and assur-
ances as the Administrator may require. 
(c) NATIONAL ELECTRONIC CLEARINGHOUSE CEN-
TER.—One of the centers established under section (a)(1) 
shall be designated and known as the ‘‘national electronic 
clearinghouse center’’ and shall, in addition to its other 
functions— 
(1) develop, operate, and maintain a Web site 
and a public database, containing information relat-
ing to green infrastructure; and 
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(2) post information from the centers to the 
Web site. 
SEC. 4. GREEN INFRASTRUCTURE GRANTS. 
(a) GRANT AUTHORITY.—The Administrator shall 
make grants on a competitive basis to eligible entities to 
carry out green infrastructure projects in accordance with 
this section. 
(b) GREEN INFRASTRUCTURE PROJECTS.— 
(1) PLANNING AND DEVELOPMENT GRANTS.— 
The Administrator may make planning and develop-
ment grants under this section for the following 
projects: 
(A) Planning and designing green infra-
structure projects, including engineering sur-
veys, landscape plans, and implementation 
plans. 
(B) Identifying and developing standards 
and revisions to local zoning, building, or other 
local codes necessary to accommodate green in-
frastructure projects. 
(C) Identifying and developing fee struc-
tures to provide financial support for design, in-
stallation, and operations and maintenance of 
green infrastructure. 
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(D) Developing training and educational 
materials about green infrastructure for dis-
tribution to both those with applicable technical 
knowledge and the public in general. 
(E) Developing a green infrastructure 
portfolio standard program described in section 
5(e). 
(2) IMPLEMENTATION GRANTS.—The Adminis-
trator may make implementation grants under this 
section for the following projects: 
(A) Installing green infrastructure. 
(B) Monitoring and evaluating the environ-
mental, economic, or social benefits of green in-
frastructure. 
(C) Implementing a best practices stand-
ard for a green infrastructure program. 
(D) Implementing a green infrastructure 
portfolio standard program described in section 
5(e). 
(c) APPLICATION.—Except as otherwise provided, to 
be eligible to receive a grant under this section, an eligible 
entity shall prepare and submit to the Administrator an 
application at such time, in such form, and containing 
such information and assurances as the Administrator 
may require, that includes, where applicable— 
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(1) a description of the green infrastructure 
project; 
(2) a plan for monitoring the impacts of the 
green infrastructure project on the water quality and 
quantity; 
(3) an evaluation of other environmental, eco-
nomic, or social benefits of the green infrastructure 
project; and 
(4) a plan for the long-term operation and 
maintenance of the green infrastructure project. 
(d) ADDITIONAL REQUIREMENT FOR GREEN INFRA-
STRUCTURE PORTFOLIO STANDARD PROJECT.—A State 
applying for a grant for a green infrastructure portfolio 
standard program described in section 5(e) shall prepare 
and submit a schedule of increasing minimum percentages 
of the annual water to be managed using green infrastruc-
ture under the program. 
(e) PRIORITY.—In making grants under this section, 
the Administrator shall give priority to applications— 
(1) submitted from a community— 
(A) that— 
(i) has combined storm and sanitary 
sewers in its collection system; or 
(ii) is low-income or disadvantaged as 
determined by the Administrator; or 
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(2) submitted from an eligible entity that will 
use 10 percent of the grant provided for a low-in-
come or disadvantaged community as determined by 
the Administrator. 
(f) GRANT LIMITATION.— 
(1) PLANNING
AND
DEVELOPMENT
GRANT.— 
The Administrator may not make a planning and 
development grant under this section in an amount 
that exceeds $200,000. The Administrator may not 
make planning and development grants of more than 
$100,000,000, in the aggregate, in each fiscal year. 
(2) IMPLEMENTATION
GRANT.—The Adminis-
trator may not make an implementation grant under 
this section in an amount that exceeds $3,000,000. 
The Administrator may not make implementation 
grants of more than $200,000,000, in the aggregate, 
in each fiscal year. 
(g) FEDERAL SHARE.— 
(1) IN GENERAL.—Except as provided under 
paragraph (3), the Federal share of a grant provided 
under this section may not exceed 65 percent of the 
total project cost. 
(2) CREDIT FOR IMPLEMENTATION GRANT.— 
The Administrator shall credit toward the non-Fed-
eral share of the cost of an implementation project 
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carried out under this section the cost of planning, 
design, and construction work completed for the 
project with funds other than funds provided under 
this Act. 
(3) EXCEPTION.—The Administrator may waive 
the Federal share limitation under paragraph (1) for 
an eligible entity that has adequately demonstrated 
financial need. 
SEC. 5. ENVIRONMENTAL PROTECTION AGENCY GREEN IN-
FRASTRUCTURE PROGRAM. 
(a) ESTABLISHMENT.—The Administrator shall es-
tablish within the Office of Water of the Agency a green 
infrastructure program, the purpose of which is to coordi-
nate and promote the use of green infrastructure and to 
integrate green infrastructure into permitting programs. 
(b) DUTIES.—The Administrator shall carry out the 
green infrastructure program by— 
(1) promoting the use of green infrastructure in 
the programs of the Agency; and 
(2) coordinating efforts to increase the use of 
green infrastructure with other Federal agencies, 
State and local governments, and the private sector. 
(c) REGIONAL IMPLEMENTATION OF GREEN INFRA-
STRUCTURE PROGRAM.—The Administrator shall direct 
each regional office of the Agency to develop a program 
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to promote and integrate the use of green infrastructure 
within the region that includes— 
(1) a plan for monitoring, financing, and de-
signing the green infrastructure; 
(2) outreach and training on green infrastruc-
ture implementation for State and local governments 
and the private sector; and 
(3) the incorporation of green infrastructure 
into permitting and other regulatory programs, 
codes, and ordinance development, including the re-
quirements under consent decrees and settlement 
agreements in enforcement actions. 
(d) GREEN INFRASTRUCTURE COMPLIANCE ASSIST-
ANCE CENTER.—The Administrator shall create a compli-
ance assistance center, including a Web site, to share in-
formation with and provide technical assistance to State 
and local governments, the private sector, and the public 
about green infrastructure approaches to reducing water 
pollution, protecting water resources, complying with reg-
ulatory requirements, and achieving other environmental, 
public health, and community goals. 
(e) GREEN INFRASTRUCTURE PORTFOLIO STAND-
ARD.—The Administrator, in collaboration with State and 
local water resource managers, shall establish measurable 
goals, to be known as the ‘‘green infrastructure portfolio 
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standard’’, to increase the percentage of annual water 
managed by eligible entities that uses green infrastruc-
ture. 
SEC. 6. REPORT TO CONGRESS. 
Before the end of fiscal year 2014, the Administrator 
shall submit to Congress a report that includes the fol-
lowing: 
(1) A description of all grants made under this 
Act and a detailed description of the projects sup-
ported and their outcomes. 
(2) A description of the improvements in tech-
nology, environmental benefits, resources conserved, 
efficiencies, and other benefits of the projects funded 
under this Act. 
(3) Recommendations on improvements to pro-
mote and support green infrastructure for the cen-
ters, grants, and programs under this Act. 
(4) A description of the existing challenges con-
cerning the use of green infrastructure. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
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(2) AGENCY.—The term ‘‘Agency’’ means the 
Environmental Protection Agency. 
(3) CENTER.—The term ‘‘center’’ means a cen-
ter of excellence for green infrastructure established 
under section 3(a). 
(4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State or local government; or 
(B) a local, regional, or other entity that 
manages stormwater, water resources, or waste 
water resources. 
(5) ELIGIBLE INSTITUTION.— 
(A) IN GENERAL.—The term ‘‘eligible in-
stitution’’ means an institution of higher edu-
cation, or a research institution, that has dem-
onstrated excellence in green infrastructure 
by— 
(i) conducting research on green in-
frastructure to determine how it reduces 
municipal stormwater runoff, enhances and 
protects drinking water sources, and im-
proves water quality; 
(ii) developing and disseminating in-
formation about how an organization can 
use green infrastructure; 
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(iii) providing technical assistance to 
an organization for a green infrastructure 
project; 
(iv) developing best practices stand-
ards for green infrastructure; 
(v) providing job training in green in-
frastructure; 
(vi) developing course curricula for el-
ementary schools, secondary schools, insti-
tutions of higher education, and vocational 
schools; 
(vii) training students in green infra-
structure; or 
(viii) providing information to the 
Federal Government or State and local 
governments about the implementation of 
green infrastructure. 
(B) ADDITIONAL DEFINITIONS.—For pur-
poses of subparagraph (A): 
(i) ELEMENTARY SCHOOL.—The term 
‘‘elementary school’’ has the meaning given 
that term in section 9101 of the Elemen-
tary and Secondary Education Act of 1965 
(20 U.S.C. 7801). 
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(ii) INSTITUTION
OF
HIGHER
EDU-
CATION.—The term ‘‘institution of higher 
education’’ has the meaning given that 
term in section 101 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001). 
(iii) RESEARCH
INSTITUTION.—The 
term ‘‘research institution’’ means an enti-
ty that is— 
(I) described in section 501(c)(3) 
of the Internal Revenue Code of 1986; 
(II) exempt from tax under sec-
tion 501(a) of the Internal Revenue 
Code of 1986; and 
(III) organized and operated for 
research purposes. 
(iv) SECONDARY SCHOOL.—The term 
‘‘secondary school’’ has the meaning given 
that term in section 9101 of the Elemen-
tary and Secondary Education Act of 1965 
(20 U.S.C. 7801). 
(6) 
GREEN
INFRASTRUCTURE.—The 
term 
‘‘green infrastructure’’— 
(A) means any stormwater management 
technique that preserves, restores, enhances, or 
mimics natural hydrology; 
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(B) includes methods that promote absorp-
tion, uptake, percolation, evapotranspiration, 
and filtration by soil and plant life; or 
(C) includes the preservation or restoration 
of— 
(i) natural topography, including hills, 
plains, ravines, and shorelines; 
(ii) ecology, including forests, grass-
lands, and deserts; 
(iii) bodies of water, including lakes, 
flood plains, headwaters, and wetlands; 
and 
(iv) native soil characteristics of com-
position, structure, and transmissivity. 
(7) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States 
Virgin Islands, Guam, American Samoa, the Com-
monwealth of the Northern Mariana Islands, the 
Trust Territory of the Pacific Islands, and any other 
territory or possession of the United States. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
(a) CENTERS OF EXCELLENCE FOR GREEN INFRA-
STRUCTURE.—There is authorized to be appropriated to 
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carry out section 3, $25,000,000 for each of fiscal years 
2011 through 2014. 
(b) GREEN INFRASTRUCTURE GRANTS.—There is 
authorized to be appropriated to carry out section 4, 
$300,000,000 for each of fiscal years 2011 through 2014. 
(c) ENVIRONMENTAL PROTECTION AGENCY GREEN 
INFRASTRUCTURE PROGRAM.—There is authorized to be 
appropriated to carry out section 5, $25,000,000 for each 
of fiscal years 2011 through 2014. 
Æ 
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