IN THE SENATE OF THE UNITED STATES
November 4, 2021
Mr. Kaine (for himself, Mr. Warner, Mr. Van Hollen, and Mr. Cardin) introduced the following bill; which was read twice and referred to the Committee on Armed Services
To amend title 10, United States Code, to establish a program of the Department of Defense to carry out stormwater management projects on or related to military installations to improve the resilience of military installations and defense access roads and protect waterways and stormwater-stressed ecosystems.
This Act may be cited as the
EMBRACE Stormwater Management Act or the
Enhancing Military Base Resilience and Conserving Ecosystems through Stormwater Management Act.
Department of Defense stormwater management projects for military installations and defense access roads
Subchapter I of chapter 169 of title 10, United States Code, is amended by inserting after section 2815 the following new section:
Stormwater management projects for installation and defense access road resilience and waterway and ecosystems conservation
The Secretary concerned may carry out a stormwater management project on or related to a military installation for the purpose of—
improving military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting the military installation; and
protecting nearby waterways and stormwater-stressed ecosystems.
Project methods and Funding sources
A stormwater management project may be carried out under this section as, or as part of, any of the following:
An authorized military construction project.
An unspecified minor military construction project under section 2805 of this title, including using appropriations available for operation and maintenance subject to the limitation in subsection (c) of such section.
A military installation resilience project under section 2815 of this title, including using appropriations available for operations and maintenance subject to the limitation of subsection (e)(3) of such section.
A defense community infrastructure resilience project under section 2391(d) of this title.
A military construction project under section 2914 of this title.
A reserve component facility project under section 18233 of this title.
A defense access road project under section 210 of title 23.
In selecting stormwater management projects to be carried out under this section, the Secretary concerned shall give a priority to project proposals involving the retrofitting of buildings and grounds on a military installation or retrofitting a defense access road to reduce stormwater runoff.
Activities carried out as part of a stormwater management project under this section may include the following:
The installation, expansion, or refurbishment of stormwater ponds and other water-slowing and retention measures.
The installation of permeable pavement in lieu of, or to replace existing, nonpermeable pavement.
The use of planters, tree boxes, cisterns, and rain gardens to reduce stormwater runoff.
In the case of a stormwater management project carried out under this section on or related to a military installation and any project related to the same installation carried out under section 2391(d), 2815, or 2914 of this title, the Secretary concerned shall ensure coordination between the projects regarding the water access, management, conservation, security, and resilience aspects of the projects.
Not later than 90 days after the end of each fiscal year, each Secretary concerned shall submit to the congressional defense committees a report describing—
the status of planned and active stormwater management projects carried out by that Secretary under this section; and
all projects completed by that Secretary during the previous fiscal year.
Each report submitted under paragraph (1) shall include, with respect to each stormwater management project described in the report, the following information:
The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate.
The rationale for how the project will—
improve military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting a military installation; and
protect waterways and stormwater-stressed ecosystems.
Such other information as the Secretary concerned considers appropriate.
In this section:
The term defense access road means a road certified to the Secretary of Transportation as important to the national defense under section 210 of title 23.
The terms facility and State have the meanings given those terms in section 18232 of this title.
The term military installation includes a facility of a reserve component of an armed force owned by a State rather than the United States.
The term Secretary concerned means—
the Secretary of a military department with respect to military installations under the jurisdiction of that Secretary; and
the Secretary of Defense with respect to matters concerning the Defense Agencies and facilities of a reserve component owned by a State rather than the United States.
The table of sections at the beginning of subchapter I of such title is amended by inserting after the item relating to section 2815 the following new item:
2815a. Stormwater management projects for installation and defense access road resilience and waterway and ecosystems conservation.