text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Highway Runoff Management Act''.
  
  SEC. 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:
  ``Sec. 330. Federal-aid highway runoff management program
      ``(a) Definitions.--In this section, the following definitions 
  apply:
              ``(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:
  
  ``330. Federal-aid highway runoff management program.''.
target: Highway Runoff Management Act - Requires each state to develop for approval a state highway stormwater management program consisting of management measures to prevent, reduce, or control highway runoff from federal-aid highway projects. Directs the Secretary of Transportation (DOT) to publish guidance to assist states in the establishment of such measures.
feat_title: Highway Runoff Management Act