State Action on Stormwater and Green Infrastructure
What’s the Issue?
As the climate crisis intensifies, storms and flooding have grown increasingly difficult to handle and much of the stormwater and flood infrastructure in the United States is in dire need of update. In fact, in 2025 the American Society of Civil Engineers evaluated stormwater infrastructure in the United States and gave the US a grade of D. Furthermore, the Environmental Protection Agency reports that the average floodplain (area that floods) is projected to increase 45% by 2100, while annual damages from flooding are predicted to jump by $750 million. Across the board, these impacts will be felt the hardest in disadvantaged communities that have faced historic under investment and neglect from decision makers. In cultivating solutions to this issue, it’s more important now than ever that communities invest equitably in sustainable infrastructure solutions to handle flooding and build climate resilience.

Rain garden in New Orleans, LA. Photo by Bold Bison.
While updating infrastructure is increasingly important, it’s also critical that communities are strategic about the kinds of infrastructure they’re investing in as well. Traditionally, stormwater management has been the task of ‘gray’ infrastructure, describing hard structures meant to control the flow of water, such as pipes or drains that transport rainwater to filtration facilities or carry the rainwater to larger bodies of water. Green stormwater infrastructure (GSI) is innovative infrastructure that manages stormwater movement, filtration, and collection by leaning into nature’s ability to handle water. It can include rehabilitated wetlands, permeable pavement, green roofs, and other innovations. With the growing intensity of storms and flooding, the cultivation of green stormwater infrastructure balanced with gray infrastructure when necessary, is a cornerstone to our collective future. However, finding the money, manpower, and political will to implement green, sustainable, or new stormwater infrastructure can be a massive challenge.
In the environmental and political moment that the U.S. is facing, there is opportunity to drive our governments to take sustainable stormwater infrastructure innovation seriously and invest equitably in a more sustainable future for our communities.
In 2021 President Biden signed into law the Bipartisan Infrastructure Law and the American Rescue Plan Act, followed by the Inflation Reduction Act in 2022. These three pieces of federal legislation give critical funding for climate resilience projects, much of it encouraging the creation and construction of green stormwater infrastructure. The Biden administration’s focus on directing funding towards environmental justice communities through the Justice40 Initiative created a framework to channel a significant portion of these funds to disadvantaged communities across the country. The National Institute of Building Sciences reports that for riverine flood mitigation, federal investment provides $7 benefit for every $1 invested. The influx of these federal funds has created a unique opportunity to advocate for the implementation of updated and sustainable stormwater infrastructure. The future landscape of federal funding is unknown, which makes it particularly crucial that investments are made on the state level to ensure longevity for updated and sustainable stormwater infrastructure implementation.
Many policymakers at the state and local levels are making vital investments in nature-based solutions and green stormwater infrastructure. Advocates in different states have found unique ways to navigate their own political and environmental landscapes to get their legislators to invest in flood resilience and green stormwater infrastructure.
Examples of State Policy
- Oregon: House Bill 3016/3409 The Trees Act (2023) This act established the Community Green Infrastructure Fund and Grant Program with an initial $6.5 million allocation. The grant program funds green infrastructure including green stormwater infrastructure.
- Texas: Senate Bills 7 and 8 (2019) This legislation created the Flood Infrastructure Fund (FIF) and required the Texas Water Development Board (TWDB) to create a statewide flood plan.
- California: Senate Bill 5 California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act (2018) In 2018 Californians voted to approve the issuance of $4 billion of bonds to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program. The law creates a myriad of funding streams that encourage green stormwater infrastructure.
- South Carolina: Disaster Relief and Resilience Act (2018) This act mandated the creation of a Strategic Statewide Resilience and Risk Reduction Plan. It also created two funds: the Disaster Relief and Resilience Reserve Fund and the South Carolina Resilience Revolving Fund. It has specific language prioritizing nature-based solutions.
Stormwater and Green Infrastructure Policy Database
Name | State | Action Agency | Policy Focus | Description |
---|---|---|---|---|
Clean Energy and Community Flood Preparedness Act | Virginia | Department of Conservation and Recreation | Green Stormwater Infrastructure | This act allocates 45% the funds made from auctioned carbon emission allowances to the Virginia Community Flood Preparedness Fund. This fund supports residents affected by recurrent flooding, sea level rise, and flooding from severe weather events. Priority is given to community scale hazard mitigation activities that use nature based solutions to reduce flood risk. |
Proposition 8 | Texas | Texas Water Development Board | Green Stormwater Infrastructure | This proposition, passed by Texans in 2019, was a constitutional amendment that created the Flood Infrastructure Fund (FIF). FIF assists in the financing of drainage, flood mitigation, and flood control projects. |
Disaster Relief and Resilience Act | South Carolina | South Carolina Office of Resilience | Green Stormwater Infrastructure | This act mandated the creation of a Strategic Statewide Resilience and Risk Reduction Plan. It also created two funds: the Disaster Relief and Resilience Reserve Fund and the South Carolina Resilience Revolving Fund. It has specific language prioritizing nature-based solutions. |
2022 Green Bond | Rhode Island | Department of Environmnetal Management | Green Stormwater Infrastructure | Rhode Islanders voted in favor of the 2022 Green Bond to invest $50 million in open space, outdoor recreation, land revitalization, green energy, climate resilience, forest, habitat, wildlife conservation, water quality, and new facilities at the zoo. |
Environmental Bond Act | New York | Department of Environmental Conservation | Green Stormwater Infrastructure | In 2022, New Yorkers passed this ballot proposition to make $4.2 billion available for environmental and community projects to help New York communities adapt to climate change, improve resiliency, and create green jobs. |
Water Infrastructure Investment Plan | New Jersey | Department of Environmental Protection and the New Jersey Infrastructure Bank | Green Stormwater Infrastructure | Developed by Governor Phil Murphy's administration, the Water Infrastructure Investment Plan is New Jersey's Program to optimize federal land state resources to address water infrastructure needs throughout the state. |
Executive Order 569: Establishing an Integrated Climate Change Strategy for the Commonwealth | Massachusetts | Department of Environmental Protection | Green Stormwater Infrastructure | This executive order creates requirements for a climate change strategy for Massachusetts. The strategy requires the Secretary of Energy and Environmental Affairs to employ natural resources to enhance climate adaptation and resilience. |
Executive Order 8: An Order Establishing the Maine Infrastructure Rebuilding and Resilience Commission | Maine | Maine Infrastructure Rebuilding and Resilience Commission | Green Stormwater Infrastructure | This executive order establishes the Maine Infrastructure Rebuilding and Resilience Commission. This Commission's purpose is to advance and support the state's recovery from recent natural disasters and make recommendations on the effective deployment of long term resilience funding. |
The Green Infrastructure for Clean Water Act | Illinois | Illinois Environmnetal Protection Agency | Green Stormwater Infrastructure | This act requires Illinois EPA to assess and evaluate using green infrastructure to help manage stormwater in Illinois. It requires the agency to determine the feasibility and consequences of devoting 20% of the Water Revolving Fund to green infrastructure and other environmentally innovative activities on a long term basis. |
Colorado Senate Bill 24-037: Study Green Infrastructure for Water Quality Management | Colorado | Colorado Department of Public Health and Environment | Green Stormwater Infrastructure | This law directs local the department of public health and environment to work with local universities to find new options to restore watersheds and rivers, improve water quality, and reduce emissions associated with water. It requires the team to develop projects in collaboration with communities to demonstrate the use of green infrastructure and green financing mechanisms. |
Oregon House Bill 3409 "Trees Act" | Oregon | Department of Land Conservation and Development | Green Stormwater Infrastructure | This law requires the state department of energy to collaborate with other state agencies to reduce barriers to energy efficiency and resilience. As a part of this, it establishes the Community Green Infrastructure Grant Program which puts $6.5 million into green infrastructure projects. |
Senate Bill - 5 California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 | California | Department of Parks and Recreation | Green Stormwater Infrastructure | In 2018, Californians voted to approve the issuance of $4 billion of bonds to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program. The law creates a myriad of funding streams that encourage green stormwater infrastructure. |
Wisconsin 2023 Assembly Bill 222 | Wisconsin | Department of Emergency Mangement | Green Stormwater Infrastructure | This law requires the Division of Emergency Management to create and administer a pre-disaster flood resilience grant program. Implementation grants awarded are meant to support hydraulic restoration projects that advance nature based solutions. |
D.C. Law 22-155. Green Finance Authority Establishment Act of 2018 | Washington DC | Green Finance Authority Board | Green Stormwater Infrastructure | This law created a Green Bank to fund clean energy, clean transportation, clean water, stormwater management, energy efficiency, water efficiency, and green infrastructure projects in Washington DC. It established the Green Finance Authority and authorized it to issue bonds to form the Green Finance Authority Fund. |
Local Assistance for Stormwater Infrastructure Investments Program (LASII) | North Carolina | Department of Environmnetal Quality | Green Stormwater Infrastructure | This policy created the Local Assistance for Stormwater Infrastructure Investment program (LASII). It awarded approximately $82 million in American Rescue Plan Act funding for stormwater projects through its competitive funding process. Funds are available for cities, counties, regional councils of government and nonprofit partners for construction and planning projects that will improve or create infrastructure for controlling stormwater quantity and quality. |