,,ii #aacth ,,congress #b;d ,session ,s4 #bdeg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #aj1 #bjad ,mr4 ,cardin introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to require ,states to establish highway stormwater management programs4 #a4 ,short title ,this ,act may be cited as the ,highway ,runoff ,management ,act4 #b4 ,federal-aid highway runoff management 7a7 ,in general ,chapter #c of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #ccj4 ,federal-aid highway runoff management program 7a7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,covered project ,the term covered project means a reconstruction1 rehabilitation1 reconfiguration1 renovation1 major resurfacing1 or new construction project on a ,federal-aid highway carried out under this title that results in-- 7,a7 a #aj-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 facility2 or 7,b7 an increase of #a acre or more in impervious surface coverage4 7#b7 ,erosive force ,the term erosive force means the flowrate within a stream or channel in which channel bed or bank material becomes detached1 which in most cases is less than or equal to the flowrate produced by the #b-year storm event4 7#c7 ,highway runoff ,the term highway runoff 1 with respect to a ,federal-aid highway1 associated facility1 or management measure retrofit project1 means a discharge of peak flow rate or volume of runoff that exceeds flows generated under preproject conditions4 7#d7 ,impacted hydrology ,the term impacted hydrology means stormwater runoff generated from all areas within the site limits of a covered project4 7#e7 ,management measure ,the term management measure means a program1 structural or nonstructural management practice1 operational procedure1 or policy on or off the project site that is intended to prevent1 reduce1 or control highway runoff4 7b7 ,state highway stormwater management programs 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 each ,state shall-- 7,a7 develop a process for analyzing the erosive force of highway runoff generated from covered projects2 and 7,b7 apply management measures to maintain or restore impacted hydrology associated with highway runoff from covered projects4 7#b7 ,inclusions ,the management measures established under paragraph 7#a7 may include1 as the ,state determines to be appropriate1 management measures that-- 7,a7 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 project2 7,b7 manage impacted hydrology in such a manner that the highway runoff generated by a covered project is below the erosive force flow and volume2 7,c7 to the maximum extent practicable1 seek to address the impact of the erosive force of hydrologic events that have the potential to create or exacerbate downstream channel erosion1 including excess pier and abutment scour at bridges and channel downcutting and bank failure of streams adjacent to highway embankments2 7,d7 ensure that the highway runoff from the post-construction condition does not increase the risk of channel erosion relative to the preproject condition2 and 7,e7 employ simplified approaches to determining the erosive force of highway runoff generated from covered projects1 such as a regionalized analysis of streams within a ,state4 7c7 ,guidance 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,secretary1 in consultation with the heads of other relevant ,federal agencies1 shall publish guidance to assist ,states in carrying out this section4 7#b7 ,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 avoiding1 minimizing1 and managing highway runoff from covered projects1 including guidelines to help ,states integrate the planning1 selection1 design1 and long-term operation and maintenance of management measures consistent with the design standards in the overall project planning process4 7#c7 ,approval ,the ,secretary1 in consultation with the heads of other relevant ,federal agencies1 shall-- 7,a7 review the management measures program of each ,state2 and 7,b7 approve such a program1 if the program meets the requirements of subsection 7b74 7#d7 ,updates ,not later than #e years after the date of publication of the guidance under this subsection1 and not less frequently than once every #e years thereafter-- 7,a7 the ,secretary1 in consultation with the heads of other relevant ,federal agencies1 shall update the guidance1 as applicable2 and 7,b7 each ,state1 as applicable1 shall update the management measures program of the ,state in accordance with the updated guidance4 7d7 ,reporting 7#a7 ,in general ,except as provided in paragraph 7#b77;,a71 each ,state shall submit to the ,secretary an annual report that describes the activities carried out under the highway stormwater management program of the ,state1 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 section4 7#b7 ,reporting requirements under permit 7,a7 ,in general ,a ,state shall not be required to submit an annual report described in paragraph 7#a7 if the ,state-- 7i7 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 7#cc ,u4,s4,c4 #abea et seq472 7ii7 is subject to an annual reporting requirement under such a permit 7regardless of whether the permitting authority is a ,federal or ,state agency72 and 7iii7 carries out a covered project with respect to a ,federal-aid highway in the ,state described in clause 7i74 7,b7 ,transmission of report ,a ,federal or ,state permitting authority that receives an annual report described in subparagraph 7,a77ii7 shall1 on receipt of such a report1 transmit a copy of the report to the ,secretary4 4 7b7 ,clerical amendment ,the analysis for chapter #c of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #ccj4 ,federal-aid highway runoff management program4 4