H. R. 5670
IN THE HOUSE OF REPRESENTATIVES
July 1, 2010
Mr. Adler of New Jersey introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
To require the Administrator of the Environmental Protection Agency to make grants for the improvement of storm water retention basins in the watersheds of estuaries in the National Estuary Program.
Storm water retention basin improvement grants
The Administrator of the Environmental Protection Agency shall make grants on a competitive basis to eligible entities for improvement of the pollution control capabilities of storm water retention basins identified by the Administrator under subsection (b).
Identification of basins by Administrator
The Administrator shall conduct an evaluation of each storm water retention basin located in the watershed of an estuary for which a comprehensive conservation and management plan is in effect under section 320 of the Federal Water Pollution Control Act (33 U.S.C. 1330) to identify basins whose pollution control capabilities are in need of improvement in order to attain or maintain in such estuary the water quality described in subsection (a)(2)(A) of such section.
The Administrator may only make a grant under subsection (a) to an eligible entity that submits an application at such time, in such form, and including such information and assurances as the Administrator may require, including—
a detailed description of the storm water retention basin improvements for which the entity will use grant funds; and
scientific evidence in support of the need for such improvements, which may include the evidence that formed the basis of the Administrator’s identification under subsection (b) of the basin involved.
In making grants under subsection (a), the Administrator shall give priority to grant proposals—
by eligible entities to improve storm water retention basins whose pollution control capabilities are the most deficient and the improvement of which will result in the greatest increase in water quality in the estuary involved; and
by eligible entities to improve storm water retention basins for which, prior to the date of the enactment of this Act, an evaluation of pollution control capabilities has been conducted as part of the implementation of a comprehensive conservation and management plan under section 320 of the Federal Water Pollution Control Act (33 U.S.C. 1330).
Use of funds
An eligible entity receiving a grant under subsection (a) shall use grant funds to carry out—
the storm water retention basin improvements the entity described in its grant application, as required by subsection (c)(1); and
the monitoring and reporting requirements of subsection (f)(1).
Monitoring, reporting, and evaluation
By eligible entities
An eligible entity receiving a grant under subsection (a) shall conduct such monitoring activities as the Administrator considers necessary to determine if the storm water retention basin improvements for which the entity is using grant funds are increasing the basin’s pollution control capabilities. At such times as the Administrator may require, the eligible entity shall submit to the Administrator reports of the data gathered by the monitoring activities.
The Administrator shall analyze the data submitted by eligible entities under paragraph (1) and conduct such additional monitoring and evaluation of the storm water basin improvements carried out through grants under subsection (a) as the Administrator considers necessary to determine the most effective methods of improving storm water basins to increase water quality in estuaries for which comprehensive conservation and management plans are in effect under section 320 of the Federal Water Pollution Control Act (33 U.S.C. 1330).
The Administrator may not make a grant to an eligible entity under subsection (a) unless the eligible entity agrees that, with respect to the costs to be incurred by the eligible entity in carrying out the activities for which the grant is awarded, the eligible entity will make available non-Federal contributions in an amount equal to not less than 20 percent of the Federal funds provided under the grant.
Eligible entity defined
The term eligible entity means a State or a political subdivision of a State that has jurisdiction over all or part of a storm water retention basin identified by the Administrator under subsection (b), regardless of whether such basin is publicly or privately owned.
Authorization of appropriations
There is authorized to be appropriated to carry out this section $20,000,000 for each of the fiscal years 2011 through 2015.