[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3565 Placed on Calendar Senate (PCS)]
Calendar No. 1078
110th CONGRESS
2d Session
S. 3565
[Report No. 110-500]
To address the health and economic development impacts of nonattainment
of federally mandated air quality standards in the San Joaquin Valley,
California, by designating air quality empowerment zones.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 24 (legislative day, September 17), 2008
Mrs. Boxer, from the Committee on Environment and Public Works,
reported the following original bill; which was read twice and placed
on the calendar
_______________________________________________________________________
A BILL
To address the health and economic development impacts of nonattainment
of federally mandated air quality standards in the San Joaquin Valley,
California, by designating air quality empowerment zones.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air and Health Quality Empowerment
Zone Designation Act of 2008''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish criteria through the use of
which specific geographical areas--
(1) shall be designated as air and health quality
empowerment zones; and
(2) may apply for grants authorized for the purpose of
replacing or retrofitting polluting vehicles or engines (or
both vehicles and engines) in order to improve the health of
the population living in the zones.
SEC. 3. FINDINGS.
Congress finds that--
(1) the San Joaquin Valley faces serious air quality
challenges that impact the development, health, and economy of
the Valley;
(2) the Valley emits approximately 624 tons of nitrogen
oxides per day, and attainment of the federally mandated 8-hour
ozone standard under the Clean Air Act requires emissions of
not more than 160 tons of oxides of nitrogen per day;
(3) the Valley does not attain the federally mandated
standard for PM<INF>2.5</INF>;
(4) the children of the Valley miss 188,000 school days per
year, which translates to 1 in 4 of those children experiencing
a day of absence each year due to elevated ozone levels;
(5) approximately 460 residents of the Valley die earlier
than they otherwise would due to elevated ozone levels, and
Valley residents experience 23,300 asthma attacks per year, a
rate that equals 3 times the State average and 5 times the
national average;
(6) 1 in 5 children residing in the Valley have been
diagnosed with asthma;
(7) nonattainment of Federal air quality standards costs
the Valley $3,200,000,000 annually;
(8) the Valley experiences chronic double-digit
unemployment rates; and
(9) the Federal Government must partner with the Valley and
the State to address air quality, health, and economic
development for the residents of the Valley through the
designation of the Valley as air quality empowerment zone that
is eligible for Federal grants and technical assistance.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Agency.--The term ``Agency'' means the Environmental
Protection Agency.
(3) Clean air act.--The term ``Clean Air Act'' means the
Clean Air Act (42 U.S.C. 7401 et seq.).
(4) PM<INF>2.5</INF>.--The term ``PM<INF>2.5</INF>'' means
particulate matter with a diameter that does not exceed 2.5
micrometers.
(5) Strategic plan.--The term ``strategic plan'' means,
with respect to an area, the plan contained in the application
for designation of the area under section 5.
(6) Valley.--The term ``Valley'' means the San Joaquin
Valley, California.
SEC. 5. AIR QUALITY EMPOWERMENT ZONE DESIGNATION PROCEDURES.
(a) In General.--From among the areas nominated for designation
under this section, the Administrator may designate 1 or more areas as
air and health quality empowerment zones.
(b) Period for Which Designation Is in Effect.--
(1) In general.--Any designation under this section shall
remain in effect during the period beginning on the date of the
designation and ending on the earlier of--
(A) the last day of the tenth calendar year
beginning on the date of the designation; or
(B) the date on which the Administrator revokes the
designation.
(2) Revocation of designation.--The Administrator may
revoke the designation under this section of an area if the
Administrator determines that the local air pollution control
district in which the designated area is located--
(A) has been designated as being in attainment with
the national ambient air quality standard for
PM<INF>2.5</INF> and ozone promulgated under the Clean
Air Act; or
(B) is not complying substantially with, or fails
to make progress in achieving the goals of, the
strategic plan.
(c) Limitations on Designations.--No area may be designated under
subsection (a) unless--
(1) the area is nominated for designation by the air
pollution control district with jurisdiction over the area;
(2) the air pollution control district provides written
assurances satisfactory to the Administrator that the strategic
plan will be implemented; and
(3) the Administrator determines that any information
provided is reasonably accurate.
(d) Application.--No area may be designated under subsection (a)
unless the application for the designation--
(1) demonstrates that the nominated area satisfies the
eligibility criteria described in section 6; and
(2) includes a strategic plan for accomplishing the
purposes of this Act that--
(A) describes--
(i) the process by which the nominated area
is a full partner in the process of developing
and implementing the plan; and
(ii) the extent to which local institutions
and organizations have contributed to the
planning process;
(B) identifies--
(i) the amount of State, local, and private
resources that will be available for the
ominated area; and
(ii) the private/public partnerships to be
used (which may include participation by, and
cooperation with, institutions of higher
education, medical centers, and other private
and public entities);
(C) identifies the funding requested under any
Federal program in support of the purposes of this Act;
(D) identifies baselines, methods, and benchmarks
for measuring the success of carrying out the strategic
plan; and
(E) includes such other information as may be
required by the Administrator.
SEC. 6. ELIGIBILITY CRITERIA.
(a) In General.--A nominated area shall be eligible for designation
under section 5(a) only if the area meets all of the following
criteria:
(1) Nonattainment.--The nominated area has been designated
as being--
(A) in extreme nonattainment of the 8-hour ozone
national ambient air quality standard promulgated by
the Administrator under the Clean Air Act; and
(B) in nonattainment of national ambient air
quality standard for PM<INF>2.5</INF> promulgated by
the Administrator under that Act.
(2) Agricultural sources.--The nominated area has--
(A) emissions of oxides of nitrogen from farm
equipment of at least 30 tons per day in calendar year
2010; or
(B) emissions of volatile organic compounds from
farming operations of at least 40 tons per day in
calendar year 2010.
(3) Air-related health effects.--As of the date of
nomination, the nominated area--
(A) meets or exceeds the national average per
capita incidence of asthma; and
(B) meets or exceeds the national average of school
days missed due to the health impact of elevated ozone
levels.
(4) Economic impact.--As of the date of nomination, the
nominated area experiences unemployment rates higher than the
national average.
(5) State matching funds.--The nominated area is located
within a State and local area that will match at least \1/2\ of
the funds provided by the Federal Government under this Act.
SEC. 7. ELIGIBLE GRANT APPLICANTS.
Any air pollution control district or other local governmental
entity authorized to regulate air quality in a State under the Clean
Air Act may apply for a grant under this Act.
SEC. 8. AUTHORIZATION OF AIR AND HEALTH EMPOWERMENT GRANTS.
(a) Eligibility.--
(1) In general.--Each area designated as an air and health
quality empowerment zone under section 5(a) shall be eligible
to receive 1 or more grants under this section.
(2) Amount of grants.--The amount of each grant awarded to
a designated air and health quality empowerment zone shall be
determined by the Administrator based upon a review of--
(A) the information contained in the applications
required by section 5(d); and
(B) the needs set forth in the applications by
those designated as beneficiaries.
(3) Timing of grants.--With respect to each designated air
and health quality empowerment zone, the Administrator shall
make--
(A) a grant under this section to each such zone on
the date of designation of the zone under section 5(a);
and
(B) the grant under this section to each such zone
available on the first day of the first fiscal year
that begins after the date of designation of the zone.
(4) Oversight of grants.--The air pollution control
district or other local government entity authorized to
regulate air quality in an area designated as an air and health
safety empowerment zone under section 5(a) shall oversee the
use of any grant funds provided to the zone under this section.
(b) Use of Grants.--Each air and health safety empowerment zone
that receives a grant under this section shall use the grant solely--
(1) to carry out activities that achieve the purposes
described in section 2;
(2) in accordance with the strategic plan for the zone; and
(3) for activities that benefit the residents of the zone
for which the grant is made through improved air quality and
health.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to provide grants under this section
$20,000,000 for each of fiscal years 2009 through 2013.
Calendar No. 1078
110th CONGRESS
2d Session
S. 3565
[Report No. 110-500]
_______________________________________________________________________
A BILL
To address the health and economic development impacts of nonattainment
of federally mandated air quality standards in the San Joaquin Valley,
California, by designating air quality empowerment zones.
_______________________________________________________________________
September 24 (legislative day, September 17), 2008
Read twice and placed on the calendar