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Bill Principles

Key Elements of Green Infrastructure Legislation

1. Definition of Terms

“Green infrastructure” is far from being a household term; a clear definition and/or principles illustrating the concept should be included. The importance of protecting habitat, ecosystems, ecosystem processes, and the network of larger reserves with some sort of ecological connectivity to each other should be made explicit. The many benefits of a green infrastructure program, including human health, recreation, positive economic effects, and enhanced “free” ecosystem services, like stormwater management, soil enrichment, and air purification, should also be stressed.

2. Concrete Goals

Setting concrete goals and timelines will help with planning and implementation as well as public outreach (see #4 - Public Education and Outreach). Both short-term (one to five years) and long-term (10 or more years) goals should be defined. Possible benchmarks include the number of acres conserved, habitats protected and restored, water resources strengthened, trails and parks created, and local governments and residents participating. While subject to review (see #9 - Periodic Reports), these goals will provide vision and a measure of accountability.

3. Acknowledgement and Utilization of Existing Resources

The first step in a green infrastructure program – mapping the state’s green infrastructure network – should draw from a wide range of data and involve government and academic experts. Available data includes state natural heritage programs, the state comprehensive wildlife planning process, ecosystem plans from the Nature Conservancy, Geographic Information Systems (GIS) maps, and species protection information from the U.S. Geological Survey’s (USGS) Gap Analysis Program (GAP). Feedback from experts, local governments, and the general public on the map will strengthen the program’s credibility and support. Conservation efforts should include and complement the work of other government programs, public and private land trusts, and nonprofit organizations. Care should be taken to avoid duplication of efforts or unnecessary competition between allies.

4. Public Education and Outreach

Early and ongoing consultations will help address concerns and serve to educate the public about the economic, social, health, natural resource, recreational, and other benefits of green infrastructure programs as well as boost participation in conservation incentive opportunities. Public feedback can alert government agencies to particular concerns the green infrastructure program should address, such as the preservation of rural or agricultural land or water resources.

5. Identification of a Lead Agency

With the green infrastructure program’s success dependent upon the participation of various government agencies and programs, private entities, and local stakeholders, it is important to identify a central clearinghouse. The responsibilities of the lead agency as well as other involved departments and programs should be well-defined to avoid confusion and duplication of efforts. An appropriate number of staff within the lead agency should be dedicated to the program. A well-designed green infrastructure program will streamline and coordinate conservation efforts – not add another level of bureaucracy.

6. Support for Local Governments

Local governments are key partners in any green infrastructure program, but they generally have limited access to technical information and expertise. Staff time and funding should be provided to assist local governments with their interpretation of, and input to, the developing program and, once the program is underway, to local implementation.

7. Flexibility with Land Management

The well-designed green infrastructure network will not only indicate which areas are in need of protection, but also what level of protection is needed. The program must protect state ecosystems in the context of human activities. Areas within the green infrastructure network need not be purchased by the state and placed off-limits. Conservation goals can and should be met using various approaches and public-private partnerships that leave some areas open to public recreation; private uses, including ranches, agriculture, and forestry; and, limited development.

8. Funding

A mix of federal, state, and private money should be pursued to fund the green infrastructure program, though the state must prioritize support for the program in order for it to succeed. The U.S. Department of the Interior’s State Wildlife Grants Program provides funds for comprehensive wildlife conservation plans completed prior to October 2005.(1) In addition to the general fund, state money can be obtained from departments and existing programs, bond sales, user fees earmarked for conservation purposes, lottery proceeds, or other sources. The authorized uses of state green infrastructure funds should be specified (with the option of setting percentages or minimal amounts for specific activities). State green infrastructure program grants to local governments, land trusts, and nonprofit groups should require matching funds to maximize program benefits and ensure everyone’s commitment. For more information on conservation funding, see SERC’s Conservation Funding package, and funding sections in SERC’s model bills in support of Natural Resources Sustainability and Biodiversity.

9. Periodic Reports

An annual green infrastructure program report, indicating funds disbursed, lands acquired or otherwise conserved, habitats protected, and other benchmarks, should be prepared for the state legislature. The same information should be made available to the media and general public in written form and through press conferences and public hearings. Input generated through the report process should be used to update program plans; this will ensure that the green infrastructure program takes advantage of new information and is responsive to changing conditions.

10. Responsibility for Polluters

First and foremost, green infrastructure programs protect native ecosystems and wildlife habitats under threat of damage or loss. These may include areas suffering from point and/or non-point source pollution. It is important to clarify that any remediation of polluted land or water under the green infrastructure program does not lessen the legal or financial responsibility of the polluters, as provided for under current law.

Sources:
(1) Cohn, Jeffrey P. and Jeffrey A. Lerner. “Integrating Land Use Planning and Biodiversity.” Washington, DC: Defenders of Wildlife, 2003. 10 September 2003 <http://www.defenders.org/habitat/landuse.pdf>.