S. 518Senate114th Congress (2015-2017)In Committee

Highway Runoff Management Act

Introduced February 12, 2015

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Environment and Public Works. (Sponsor introductory remarks on measure: CR S992-994; text of measure as introduced: CR S994)

February 12, 2015

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SenateIntro Referral

Introduced in Senate

February 12, 2015

SenateIntro Referral

Read twice and referred to the Committee on Environment and Public Works. (Sponsor introductory remarks on measure: CR S992-994; text of measure as introduced: CR S994)

February 12, 2015

Floor Debate

12 members

What members said about S. 518 on the floor

4 Republicans8 Democrats
Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Feb 12, 2015

Mr. President, today I come to the floor to discuss the introduction of my latest legislative proposal to better control the harmful and volumes of polluted stormwater that is generated from our…

Cory A. Booker
Sen. Cory A. BookerD-NJ · Feb 12, 2015

Mr. President, I rise today to speak about the Smarter Sentencing Act, which I believe is a very critical piece of legislation. I am pleased to be an original cosponsor of this legislation in this…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Feb 12, 2015

Mr. President, today I come to the floor to discuss the introduction of my latest legislative proposal to better control the harmful and volumes of polluted stormwater that is generated from our…

Lisa Murkowski
Sen. Lisa MurkowskiR-AK · Feb 12, 2015

Mr. President, I rise, along with my colleague Senator Sullivan, to introduce a bill to open a small portion of the arctic coastal plain, in my home State of Alaska, to oil and gas development. I am…

Amy Klobuchar
Sen. Amy KlobucharD-MN · Feb 12, 2015

Mr. President, I rise today to discuss our country's relationship with Cuba. I have long advocated modernizing our relationship with Cuba. The current embargo has been in place for 50 years, and it…

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Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Feb 12, 2015

Mr. President, I rise today to introduce the Fire- Damaged Home Rebuilding Act. This legislation is simple. It allows families living in federally- designated flood plains to rebuild their home in…

Jack Reed
Sen. Jack ReedD-RI · Feb 12, 2015

Mr. President, today I am reintroducing bipartisan legislation to provide support for environmental education in our Nation's classrooms. I thank Senators Kirk, Durbin, Whitehouse, Heinrich, and…

Sherrod Brown
Sen. Sherrod BrownD-OH · Feb 12, 2015

Mr. President, we have made great strides in recent years ensuring that Americans of all ages have access to quality health care. Part of this success comes from the Children's Health Insurance…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Feb 12, 2015

Mr. President, today, I am introducing a measure that would help us make progress in the fight against domestic human trafficking, a terrible crime. This legislation, titled the Combating Human…

Tim Kaine
Sen. Tim KaineD-VA · Feb 12, 2015

Mr. President, preparing all students to be college and career-ready upon graduating high school is one of the central promises that public education and the Elementary and Secondary Education Act,…

Ron Wyden
Sen. Ron WydenD-OR · Feb 12, 2015

Mr. President, today I am proud to introduce the Secure Rural Schools and Payment in Lieu of Taxes Repair Act with my colleague Senator Crapo. The bill will ensure that counties across the nation…

Steve Daines
Sen. Steve DainesR-MT · Feb 12, 2015

Mr. President, I join Senator Cassidy of Louisiana, Senator Gardner of Colorado, and Senator Cotton of Arkansas in introducing the Balanced Budget Accountability Act. By establishing the principle No…

John Cornyn
Sen. John CornynR-TX · Feb 12, 2015

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in SenateIssued February 12, 2015

II

114th CONGRESS

1st Session

S. 518

IN THE SENATE OF THE UNITED STATES

February 12, 2015

Mr. Cardin introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To require States to establish highway stormwater management programs.

1.

Short title

This Act may be cited as the Highway Runoff Management Act.

2.

Federal-aid highway runoff management

(a)

In general

Chapter 3 of title 23, United States Code, is amended by adding at the end the following:

330.

Federal-aid highway runoff management program

(a)

Definitions

In this section:

(1)

Covered project

The term covered project means a reconstruction, rehabilitation, reconfiguration, renovation, major resurfacing, or new construction project on a Federal-aid highway carried out under this title that results in—

(A)

a 10-percent or greater increase in impervious surface of the aerial extent within the right-of-way of the project limit on a Federal-aid highway or associated facility; or

(B)

an increase of 1 acre or more in impervious surface coverage.

(2)

Erosive force

The term erosive force means the flowrate within a stream or channel in which channel bed or bank material becomes detached, which in most cases is less than or equal to the flowrate produced by the 2-year storm event.

(3)

Highway runoff

The term highway runoff , with respect to a Federal-aid highway, associated facility, or management measure retrofit project, means a discharge of peak flow rate or volume of runoff that exceeds flows generated under preproject conditions.

(4)

Impacted hydrology

The term impacted hydrology means stormwater runoff generated from all areas within the site limits of a covered project.

(5)

Management measure

The term management measure means a program, structural or nonstructural management practice, operational procedure, or policy on or off the project site that is intended to prevent, reduce, or control highway runoff.

(b)

State highway stormwater management programs

(1)

In general

Not later than 1 year after the date of enactment of this section, each State shall—

(A)

develop a process for analyzing the erosive force of highway runoff generated from covered projects; and

(B)

apply management measures to maintain or restore impacted hydrology associated with highway runoff from covered projects.

(2)

Inclusions

The management measures established under paragraph (1) may include, as the State determines to be appropriate, management measures that—

(A)

minimize the erosive force of highway runoff from a covered project on a channel bed or bank of receiving water by managing highway runoff within the area of the covered project;

(B)

manage impacted hydrology in such a manner that the highway runoff generated by a covered project is below the erosive force flow and volume;

(C)

to the maximum extent practicable, seek to address the impact of the erosive force of hydrologic events that have the potential to create or exacerbate downstream channel erosion, including excess pier and abutment scour at bridges and channel downcutting and bank failure of streams adjacent to highway embankments;

(D)

ensure that the highway runoff from the post-construction condition does not increase the risk of channel erosion relative to the preproject condition; and

(E)

employ simplified approaches to determining the erosive force of highway runoff generated from covered projects, such as a regionalized analysis of streams within a State.

(c)

Guidance

(1)

In general

Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with the heads of other relevant Federal agencies, shall publish guidance to assist States in carrying out this section.

(2)

Contents of guidance

The guidance shall include guidelines and technical assistance for the establishment of State management measures that will be used to assist in avoiding, minimizing, and managing highway runoff from covered projects, including guidelines to help States integrate the planning, selection, design, and long-term operation and maintenance of management measures consistent with the design standards in the overall project planning process.

(3)

Approval

The Secretary, in consultation with the heads of other relevant Federal agencies, shall—

(A)

review the management measures program of each State; and

(B)

approve such a program, if the program meets the requirements of subsection (b).

(4)

Updates

Not later than 5 years after the date of publication of the guidance under this subsection, and not less frequently than once every 5 years thereafter—

(A)

the Secretary, in consultation with the heads of other relevant Federal agencies, shall update the guidance, as applicable; and

(B)

each State, as applicable, shall update the management measures program of the State in accordance with the updated guidance.

(d)

Reporting

(1)

In general

Except as provided in paragraph (2)(A), each State shall submit to the Secretary an annual report that describes the activities carried out under the highway stormwater management program of the State, including a description of any reductions of stormwater runoff achieved as a result of covered projects carried out by the State after the date of enactment of this section.

(2)

Reporting requirements under permit

(A)

In general

A State shall not be required to submit an annual report described in paragraph (1) if the State—

(i)

is operating Federal-aid highways in the State in a post-construction condition in accordance with a permit issued under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

(ii)

is subject to an annual reporting requirement under such a permit (regardless of whether the permitting authority is a Federal or State agency); and

(iii)

carries out a covered project with respect to a Federal-aid highway in the State described in clause (i).

(B)

Transmission of report

A Federal or State permitting authority that receives an annual report described in subparagraph (A)(ii) shall, on receipt of such a report, transmit a copy of the report to the Secretary.

.

(b)

Clerical amendment

The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following:

.