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H.R. 3906 — what changed

Innovative Stormwater Infrastructure Act of 2018

From Introduced in House to Reported in House. 2 sections amended and 6 removed between Introduced in House and Reported in House.

Section 1 Short title

changed This Act may be cited as the “Innovative Stormwater Infrastructure Act of 2017”.2018”.

Sec. 2 Stormwater infrastructure funding task force

(a)
added In general— Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall establish a stormwater infrastructure funding task force composed of representatives of Federal, State, and local governments and private (including nonprofit) entities to conduct a study on, and develop recommendations to improve, the availability of public and private sources of funding for the construction, rehabilitation, and operation and maintenance of stormwater infrastructure to meet the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

removed Congress finds that—

(b)
changed Considerations— many water resources in In carrying out subsection (a), the United States are declining, particularly in urban and agricultural areas;task force shall—
(1)
added identify existing Federal, State, and local public sources and private sources of funding for stormwater infrastructure; and
(2)
added consider—
(A)
added how funding for stormwater infrastructure from such sources has been made available, and utilized, in each State to address stormwater infrastructure needs identified pursuant to section 516(b)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1375(b)(1));
(B)
added how the source of funding affects the affordability of the infrastructure (as determined based on the considerations used to assess the financial capability of municipalities under the integrated planning guidelines described in the Integrated Municipal Stormwater and Wastewater Planning Approach Framework, issued by the Environmental Protection Agency on June 5, 2012, and dated May, 2012), including consideration of the costs associated with financing the infrastructure; and
(C)
added whether such sources of funding are sufficient to support capital expenditures and long-term operation and maintenance costs necessary to meet the stormwater infrastructure needs of municipalities.
(c)
changed Report— Not later than 18 months after the decline date of water resources is enactment of this Act, the result of—Administrator shall submit to Congress a report that describes the results of the study conducted, and the recommendations developed, under subsection (a).
(A)
removed an increase in population, water consumption, and impermeable surfaces; and
(B)
removed the negative effects of urbanization, commercial and industrial activities, and increasing and persistent droughts; and
(d)
changed State defined— an October 2008 study by In this section, the National Research Council found term State has the meaning given that some term in section 502 of the benefits of innovative stormwater control infrastructure include—Federal Water Pollution Control Act (33 U.S.C. 1362).
(A)
removed increased water supplies;
(B)
removed the creation of jobs;
(C)
removed cost savings; and
(D)
removed a reduction of stormwater runoff, surface water discharge, stormwater pollution, and stormwater flows to protect and restore natural hydrology, meeting local conditions to the maximum extent feasible.

Sec. 3 Definitions

removed

removed In this Act:

(1)
removed Administrator— The term Administrator means the Administrator of the Environmental Protection Agency.
(2)
removed Center— The term center means a center of excellence for innovative stormwater control infrastructure established under section 4(a).
(3)
removed Eligible entity— The term eligible entity means—
(A)
removed a State, tribal, or local government; or
(B)
removed a local, regional, or other entity that manages stormwater, drinking water resources, or waste water resources.
(4)
removed Eligible institution—
(A)
removed In general— The term eligible institution means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), or a research institution, that has demonstrated excellence in innovative stormwater control infrastructure by—
(i)
removed conducting research on innovative stormwater control infrastructure to determine the means by which innovative infrastructure reduces stormwater runoff, enhances and protects drinking water sources, and improves water quality;
(ii)
removed developing and disseminating information regarding the means by which an organization can use innovative storm­wa­ter control infrastructure;
(iii)
removed providing technical assistance to an organization for an innovative storm­wa­ter control infrastructure project;
(iv)
removed developing best practices standards for innovative stormwater control infrastructure;
(v)
removed providing job training relating to innovative stormwater control infrastructure;
(vi)
removed developing course curricula for—
(I)
removed elementary schools (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801));
(II)
removed secondary schools (as defined in that section);
(III)
removed institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); or
(IV)
removed vocational schools;
(vii)
removed training students regarding innovative stormwater control infrastructure; or
(viii)
removed providing information to the Federal Government or State, tribal, and local governments regarding the implementation of innovative stormwater control infrastructure.
(B)
removed Associated definition— For purposes of subparagraph (A), the term research institution means an entity that is—
(i)
removed described in section 501(c)(3) of the Internal Revenue Code of 1986;
(ii)
removed exempt from tax under section 501(a) of the Internal Revenue Code of 1986; and
(iii)
removed organized and operated for research purposes.
(5)
removed Indian tribe— The term Indian tribe has the meaning given the term in section 518(h) of the Federal Water Pollution Control Act (33 U.S.C. 1377(h)).
(6)
removed State— The term State means—
(A)
removed each of the several States of the United States;
(B)
removed the District of Columbia;
(C)
removed the Commonwealth of Puerto Rico;
(D)
removed Guam;
(E)
removed American Samoa;
(F)
removed the Commonwealth of the Northern Mariana Islands;
(G)
removed the Federated States of Micronesia;
(H)
removed the Republic of the Marshall Islands;
(I)
removed the Republic of Palau; and
(J)
removed the United States Virgin Islands.
(7)
removed Innovative stormwater control infrastructure—
(A)
removed In general— The term innovative stormwater control infrastructure means any green infrastructure stormwater management technique that—
(i)
removed uses natural systems or engineered systems that mimic natural processes to infiltrate, evapotranspire, or capture storm­wa­ter; and
(ii)
removed preserves, enhances, or mimics natural hydrology to protect or restore water quality.
(B)
removed Inclusions— The term innovative stormwater control infrastructure includes—
(i)
removed methods that promote absorption, uptake, percolation, evapotranspiration, and filtration by soil and plant life; and
(ii)
removed the preservation or restoration of—
(I)
removed natural topography, including hills, plains, ravines, and shorelines;
(II)
removed interconnected networks of natural land that protect essential ecological functions critical for water quality;
(III)
removed ecological function, including forests, grasslands, and deserts;
(IV)
removed bodies of water, including lakes, flood plains, headwaters, and wetlands; and
(V)
removed native soil characteristics of composition, structure, and trans­mis­si­vi­ty.

Sec. 4 Centers of Excellence for innovative storm­wa­ter control infrastructure

removed
(a)
removed Establishment of centers—
(1)
removed In general— The Administrator shall provide grants, on a competitive basis, to eligible institutions to establish and maintain not less than three, and not more than five, centers of excellence for innovative stormwater control infrastructure, to be located in various regions throughout the United States.
(2)
removed General operation— Each center shall—
(A)
removed conduct research on innovative storm­wa­ter control infrastructure that is relevant to the geographical region in which the center is located, including stormwater and sewer overflow reduction, other approaches to water resource enhancement, and other environmental, economic, and social benefits;
(B)
removed develop manuals and establish industry standards on best management practices relating to State, tribal, local, and commercial innovative stormwater control infrastructure for use by State, tribal, and local governments and the private sector;
(C)
removed develop and administer testing and evaluation protocols to measure and verify the performance of stormwater infrastructure products and practices;
(D)
removed provide information regarding research conducted under subparagraph (A), manuals developed under subparagraph (B), and testing and evaluation performed under subparagraph (C) to the national electronic clearinghouse center for publication on the Internet website established under subsection (c) to provide to the Federal Government and State, tribal, and local governments and the private sector information regarding innovative stormwater control infrastructure;
(E)
removed provide technical assistance to State, tribal, and local governments to assist with the construction, operation, and maintenance of innovative stormwater control infrastructure projects;
(F)
removed collaborate with institutions of higher education and private and public organizations in the geographical region in which the center is located on innovative stormwater control infrastructure research and technical assistance projects;
(G)
removed assist institutions of higher education, secondary schools, and vocational schools to develop innovative stormwater control infrastructure curricula;
(H)
removed provide training regarding innovative stormwater control infrastructure to institutions of higher education and professional schools;
(I)
removed evaluate regulatory and policy issues relating to innovative stormwater control infrastructure; and
(J)
removed coordinate with the other centers to avoid duplication of efforts.
(b)
removed 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 as the Administrator may require.
(c)
removed National electronic clearinghouse center— Of the centers established under subsection (a)(1), one shall—
(1)
removed be designated as the “national electronic clearinghouse center”; and
(2)
removed in addition to the other functions of that center—
(A)
removed develop, operate, and maintain an Internet website and a public database that contain information relating to innovative stormwater control infrastructure; and
(B)
removed post to the website information from all centers.

Sec. 5 Innovative stormwater control infrastructure project grants

removed
(a)
removed Grant authority— The Administrator shall provide grants, on a competitive basis, to eligible entities to carry out innovative stormwater control infrastructure projects in accordance with this section.
(b)
removed Innovative stormwater control infrastructure projects—
(1)
removed Planning and development grants— The Administrator may make planning and development grants under this section for the following projects:
(A)
removed Planning and designing innovative stormwater control infrastructure projects, including engineering surveys, landscape plans, maps, and implementation plans.
(B)
removed Identifying and developing standards and revisions to local zoning, building, or other local codes necessary to accommodate innovative stormwater control infrastructure projects.
(C)
removed Identifying and developing fee structures to provide financial support for design, installation, and operations and maintenance of innovative stormwater control infrastructure.
(D)
removed Developing training and educational materials regarding innovative stormwater control infrastructure for distribution to—
(i)
removed individuals and entities with applicable technical knowledge; and
(ii)
removed the public.
(E)
removed Developing an innovative stormwater control infrastructure portfolio standard program described in section 6(e).
(2)
removed Implementation grants— The Administrator may make implementation grants under this section for the following projects:
(A)
removed Installing innovative stormwater control infrastructure.
(B)
removed Protecting or restoring interconnected networks of natural areas that protect water quality.
(C)
removed Monitoring and evaluating the environmental, economic, or social benefits of innovative stormwater control infrastructure.
(D)
removed Implementing a best practices standard for an innovative stormwater control infrastructure program.
(E)
removed Implementing an innovative storm­wa­ter control infrastructure portfolio standard program described in section 6(e).
(c)
removed Application— Except as otherwise provided in this Act, 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 as the Administrator may require, including, as applicable—
(1)
removed a description of the innovative stormwater control infrastructure project;
(2)
removed a plan for monitoring the impacts of the innovative stormwater control infrastructure project on the water quality and quantity;
(3)
removed an evaluation of other environmental, economic, and social benefits of the innovative storm­wa­ter control infrastructure project; and
(4)
removed a plan for the long-term operation and maintenance of the innovative stormwater control infrastructure project.
(d)
removed Additional requirement for innovative stormwater control infrastructure portfolio standard project— In addition to an application under subsection (c), a State or Indian tribe applying for a grant for an innovative stormwater control infrastructure portfolio standard program described in section 6(e) shall prepare and submit to the Administrator a schedule of increasing minimum percentages of the annual water to be managed using innovative stormwater control infrastructure under the program.
(e)
removed Priority— In making grants under this section, the Administrator shall give priority to applications submitted on behalf of—
(1)
removed a community that—
(A)
removed has combined storm and sanitary sewers in the collection system of the community; or
(B)
removed is a low-income or disadvantaged community, as determined by the Administrator; or
(2)
removed an eligible entity that will use not less than 10 percent of the grant to provide service to a low-income or disadvantaged community, as determined by the Administrator.
(f)
removed Maximum amounts—
(1)
removed Planning and development grants—
(A)
removed Single grant— The amount of a single planning and development grant provided under this section shall be not more than $200,000.
(B)
removed Aggregate amount— The total amount of all planning and development grants provided under this section for a fiscal year shall be not more than 1/3 of the total amount made available to carry out this section.
(2)
removed Implementation grants—
(A)
removed Single grant— The amount of a single implementation grant provided under this section shall be not more than $3,000,000.
(B)
removed Aggregate amount— The total amount of all implementation grants provided under this section for a fiscal year shall be not more than 2/3 of the total amount made available to carry out this section.
(g)
removed Federal share—
(1)
removed In general— Except as provided in paragraph (3), the Federal share of a grant provided under this section shall not exceed 65 percent of the total project cost.
(2)
removed Credit for implementation grants— The Administrator shall credit toward the non-Federal share of the cost of an implementation project carried out under this section the cost of planning, design, and construction work completed for the project using funds other than funds provided under this Act.
(3)
removed Exception— The Administrator may waive the Federal share limitation under paragraph (1) for an eligible entity that has adequately demonstrated financial need.

Sec. 6 Environmental Protection Agency innovative stormwater control infrastructure promotion

removed
(a)
removed In general— The Administrator shall ensure that the Office of Water, the Office of Enforcement and Compliance, the Office of Research and Development, and the Office of Policy of the Environmental Protection Agency promote the use of innovative stormwater control infrastructure in and coordinate the integration of innovative stormwater control infrastructure into permitting programs, planning efforts, research, technical assistance, and funding guidance.
(b)
removed Duties— The Administrator shall ensure that the Office of Water—
(1)
removed promotes the use of innovative stormwater control infrastructure in the programs of the Environmental Protection Agency;
(2)
removed supports establishing public-private partnerships and other innovative financing mechanisms in the implementation of innovative stormwater control infrastructure; and
(3)
removed coordinates efforts to increase the use of innovative stormwater control infrastructure with—
(A)
removed other Federal departments and agencies;
(B)
removed State, tribal, and local governments; and
(C)
removed the private sector.
(c)
removed Regional innovative stormwater control infrastructure promotion— The Administrator shall direct each regional office of the Environmental Protection Agency, as appropriate based on local factors, to promote and integrate the use of innovative stormwater control infrastructure within the region that includes—
(1)
removed a plan for monitoring, financing, mapping, and designing the innovative stormwater control infrastructure;
(2)
removed outreach and training regarding innovative stormwater control infrastructure implementation for State, tribal, and local governments, tribal communities, and the private sector; and
(3)
removed the incorporation of innovative stormwater control infrastructure into permitting and other regulatory programs, codes, and ordinance development, including the requirements under consent decrees and settlement agreements in enforcement actions.
(d)
removed Innovative stormwater control infrastructure information-Sharing— The Administrator shall promote innovative stormwater control infrastructure information-sharing, including through an Internet website, to share information with, and provide technical assistance to, State, tribal, and local governments, tribal communities, the private sector, and the public regarding innovative stormwater control infrastructure approaches for—
(1)
removed reducing water pollution;
(2)
removed protecting water resources;
(3)
removed complying with regulatory requirements; and
(4)
removed achieving other environmental, public health, and community goals.
(e)
removed Innovative stormwater control infrastructure portfolio standard— The Administrator, in collaboration with State, tribal, and local water resource managers, shall establish voluntary measurable goals, to be known as the “innovative stormwater control infrastructure portfolio standard”, to increase the percentage of annual water managed by eligible entities that use innovative stormwater control infrastructure.

Sec. 7 Report to Congress

removed

removed Not later than September 30, 2019, the Administrator shall submit to Congress a report that includes, with respect to the period covered by the report—

(1)
removed a description of all grants provided under this Act;
(2)
removed a detailed description of—
(A)
removed the projects supported by those grants; and
(B)
removed the outcomes of those projects;
(3)
removed a description of the improvements in technology, environmental benefits, resources conserved, efficiencies, and other benefits of the projects funded under this Act;
(4)
removed recommendations for improvements to promote and support innovative stormwater control infrastructure for the centers, grants, and activities under this Act; and
(5)
removed a description of existing challenges concerning the use of innovative stormwater control infrastructure.

Sec. 8 Authorization of appropriations

removed

removed There are authorized to be appropriated to carry out this Act such sums as are necessary for each of fiscal years 2018 through 2023.