[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1687 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1687

To promote the effective and efficient use of Federal grant assistance 
   provided to State governments to carry out certain environmental 
            programs and activities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 19 (legislative day, November 2), 1993

 Mr. Bingaman introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To promote the effective and efficient use of Federal grant assistance 
   provided to State governments to carry out certain environmental 
            programs and activities, and for other purposes.

    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 ``Environmental Flexible Funding Act 
of 1993''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the magnitude, causes, and interrelationship of 
        environmental pollution are far more significant than 
        previously estimated;
            (2) because, in recent years, the requirements under 
        Federal law to address pollution have expanded, State and local 
        governments have greater economic burdens in meeting the 
        Federal requirements;
            (3) the nature and extent of environmental problems vary 
        among and within States;
            (4) Federal financial assistance to help remediate 
        environmental pollution is limited;
            (5) grant programs that are in effect on the date of 
        enactment of this Act are generally restricted to funding 
        specific categories of activities, without regard to the 
        particular conditions of individual States or the relative 
        importance of the activities within a State; and
            (6) a single program designed to deal with all forms of 
        environmental pollution within a geographic area may be more 
        effective than a number of programs that address specific 
        components of pollution.
    (b) Purposes.--The purposes of this Act are to--
            (1) promote more effective and efficient use of Federal, 
        State, and local funds with respect to the control of 
        pollution;
            (2) enable a State to adapt programs of Federal assistance 
        to meet the particular environmental needs of the State;
            (3) help alleviate the impact of Federal requirements by 
        enabling States to integrate and target Federal assistance from 
        a variety of funding sources into a single program to address 
        priority problems if the integration of the assistance into the 
        program furthers the goals and objectives of the programs for 
        which the assistance was initially provided; and
            (4) facilitate the funding of environmental programs that 
        address multiple sources of pollution within a geographic area.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Area of environmental concern.--The term ``area of 
        environmental concern'' includes air, drinking water, 
        pesticides, solid and hazardous waste, toxics, and water 
        quality (as defined and determined by the Administrator).
            (3) Environmental medium grant.--The term ``environmental 
        medium grant'' means a grant made pursuant to the grant program 
        established under section 4(a).
            (4) Governor of a state.--The term ``Governor of a State'' 
        means the Governor of a State, or if the State does not have a 
        Governor, the equivalent official of the State.
            (5) Individual grant program authority.--The term 
        ``individual grant program authority'' means an individual 
        grant program authority described in section 4(a)(2). The term 
        does not include any authority for a grant made to a State 
        for--
                    (A) capitalization for the establishment of an 
                environmental loan fund.
            (6) Multi-media environmental grant.--The term ``multi-
        media environmental grant'' means a grant made pursuant to the 
        grant program established under section 4(b).
            (7) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands, the United States 
        Virgin Islands, Guam, American Samoa, the Republic of the 
        Marshall Islands, the Federated States of Micronesia, and the 
        Republic of Palau (until such time as the Compact of Free 
        Association is ratified). The term shall include, to the extent 
        allowable by law--
                    (A) an interstate agency that has jurisdiction over 
                2 or more States and is established pursuant to an 
                agreement or compact that is approved by Congress to 
                carry out the control of pollution (as defined and 
                determined by the Administrator); or
                    (B) an entity that is--
                            (i) established by a cooperative agreement 
                        between 2 or more States to carry out the 
                        control of pollution (as defined and determined 
                        by the Administrator); and
                            (ii) approved by the Administrator.
            (8) State agency.--The term ``State agency'' means an 
        entity of a State that is designated by the Governor of a State 
        as having primary responsibility for carrying out the laws of 
        the State relating to pollution prevention, control, and 
        abatement.

SEC. 4. GRANT PROGRAMS.

    (a) Environmental Medium Grants.--
            (1) In general.--
                    (A) Establishment of program.--As soon as 
                practicable after the date of enactment of this Act, 
                the Administrator shall, in consultation with the 
                Governors of States and by regulation, establish an 
                environmental medium grant program. Notwithstanding any 
                other provision of law, for each fiscal year, from the 
                amounts made available to the Administrator to make 
                grants to States under the individual grant program 
                authorities specified in paragraph (2), the 
                Administrator may make a consolidated grant to any 
                State with respect to which the Governor or the head of 
                a State agency submits an application that is approved 
                by the Administrator, in lieu of awarding the funds as 
                individual grants that would otherwise be awarded to 
                the State under the individual grant program 
                authorities specified in paragraph (2), to fund 
                eligible programs and activities relating to pollution 
                prevention, control, and abatement and related 
                environmental activities of a State.
                    (B) Administration by state.--Except as otherwise 
                provided in this Act, in carrying out the consolidated 
                grant program under this subsection, a State may 
                exercise the individual authorities that the State may 
                exercise under the individual grant program 
                authorities, and to the extent required to carry out 
                this Act, may transfer authority to an appropriate 
                State agency.
                    (C) Use of grants.--Under the grant program, grants 
                shall be awarded to address the pollution prevention, 
                control, and abatement problems and related 
                environmental problems of one area of environmental 
                concern on a statewide basis, in accordance with a 
                priority work plan that meets the requirements of 
                paragraph (4) and that is developed by the appropriate 
                official of the State pursuant to such paragraph.
            (2) Individual grant program authorities.--The individual 
        grant program authorities specified in this paragraph include 
        the following grant program authorities granted to States under 
        the following provisions of Federal environmental law:
                    (A) Air programs.--Sections 103(b), 105, 106, and 
                112 of the Clean Air Act (42 U.S.C. 7403(b), 7405, 
                7406, and 7412, respectively) and section 306 of the 
                Toxic Substances Control Act (15 U.S.C. 2666).
                    (B) Drinking water programs.--Sections 1427, 1428, 
                1443, and 1465 of the Public Health Service Act (42 
                U.S.C. 300h-6, 300h-7, 300j-2, and 300j-25, 
                respectively).
                    (C) Pesticides.--Section 23 of the Federal 
                Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
                136u).
                    (D) Solid and hazardous waste programs.--Sections 
                2007, 3011, and 4008 of the Solid Waste Disposal Act 
                (42 U.S.C. 6916, 6931, and 6948, respectively).
                    (E) Toxic substances programs.--Sections 10, 28, 
                and 403 of the Toxic Substances Control Act (15 U.S.C. 
                2609, 2627, and 2683, respectively).
                    (F) Water quality.--Sections 104(b), 104(g), 106, 
                205(j), 314(b), 319, 320, and 604(b) of the Federal 
                Water Pollution Control Act (33 U.S.C. 1254(b), 
                1254(g), 1256, 1285(j), 1324(b), 1329, 1330, and 
                1384(b), respectively).
                    (G) Other provisions.--Any other related provision 
                of Federal environmental law that the Administrator 
                considers to be appropriate.
            (3) Application.--An application submitted pursuant to 
        paragraph (1) by the Governor of a State or the head of a State 
        agency shall be in such form, and contain such information, as 
        the Administrator determines appropriate and shall, at a 
        minimum, include--
                    (A) a description of the programs and activities to 
                be carried out by the State with funds made available 
                under the grant that is the subject of the application;
                    (B) a statement concerning how the programs and 
                activities specified in subparagraph (A) will promote 
                the goals and objectives of the priority work plan of 
                the State developed pursuant to paragraph (4);
                    (C) for each program or activity listed pursuant to 
                subparagraph (A), a description of--
                            (i) the objectives of the program or 
                        activity; and
                            (ii) measurable performance criteria to be 
                        applied to the program or activity;
                    (D) a statement of the proposed distribution of 
                funds made available under the grant among activities 
                and programs, including an order of priorities;
                    (E) a statement concerning how the distribution of 
                funds of the State will adequately address the 
                requirements under the individual grant authorities 
                covered under the environmental medium grant; and
                    (F) an identification of the State agency that 
                will--
                            (i) carry out the programs and activities 
                        specified in subparagraph (A);
                            (ii) monitor the use of funds made 
                        available under the grant that is the subject 
                        of the application; and
                            (iii) report to the Administrator on the 
                        use of the funds.
            (4) Priority work plan.--
                    (A) In general.--As part of a grant application, 
                the Governor of the State or the head of the State 
                agency of the State shall submit a priority work plan 
                to the Administrator. The priority work plan shall be 
                for a period of 1 or more years. The plan shall--
                            (i) be developed--
                                    (I) in accordance with guidance 
                                issued by the Administrator pursuant to 
                                subparagraph (B); and
                                    (II) with appropriate public notice 
                                and opportunity for review and comment; 
                                and
                            (ii) include a description of--
                                    (I) the environmental problems to 
                                be addressed by the work plan;
                                    (II) the proposed strategy of the 
                                State to address the problems specified 
                                in subclause (I), including the goals 
                                and objectives of the State relating to 
                                the strategy;
                                    (III) priority actions to be taken 
                                pursuant to the work plan; and
                                    (IV) the expected outputs and 
                                results in terms of effects on the 
                                environment to be accomplished pursuant 
                                to the work plan.
                    (B) Guidance.--As soon as practicable after the 
                date of enactment of this Act, the Administrator shall 
                issue guidance for priority work plans prepared 
                pursuant to this paragraph.
            (5) Eligible programs and activities.--Any program or 
        activity that is eligible to receive funding under a grant that 
        would otherwise be awarded to a State under individual grant 
        program authorities, but for this subsection, shall be 
        considered to be an eligible program or activity for the 
        purposes of this subsection.
            (6) Amount of grant.--The amount of a grant awarded to a 
        State under this subsection shall not exceed the total amount 
        of grants that would otherwise be awarded to the State under 
        individual grant program authorities, but for this subsection.
            (7) Cost-sharing.--
                    (A) In general.--Notwithstanding any other 
                provision of law, including any requirement of 
                individual grant program authorities that would 
                otherwise apply but for this subsection, the Federal 
                share of each program or activity that receives funding 
                from a grant awarded pursuant to this subsection shall 
                not exceed 50 percent of the cost of the program or 
                activity.
                    (B) Non-federal share.--Except as otherwise 
                provided by law, as a condition of receiving a grant 
                under this subsection, the State shall pay a non-
                Federal share from non-Federal sources.
                    (C) Excess contributions.--Any amount of funds 
                contributed from non-Federal sources that is in excess 
                of the non-Federal share required to be contributed 
                pursuant to subparagraph (B) may not--
                            (i) be considered to be funds contributed 
                        pursuant to subparagraph (B); and
                            (ii) be subject to Federal auditing 
                        requirements that would otherwise apply to 
                        funds contributed pursuant to such 
                        subparagraph.
            (8) Limitations and conditions on use of funds.--
        Notwithstanding any other provision of law, including any 
        limitation or condition of the use of funds under any 
        individual grant program authority that would otherwise apply 
        but for this subsection, a State that receives a grant under 
        this subsection may use funds made available pursuant to this 
        subsection for financial assistance to individuals only to the 
        extent that the assistance is related to the costs of eligible 
        programs and activities. The Administrator may not attach any 
        other condition or limitation to the use of the grant funds.
            (9) Satisfactory progress.--With respect to a State, the 
        Administrator may reduce the amount of a grant or disapprove a 
        grant application submitted pursuant to paragraph (3) if the 
        Administrator determines that--
                    (A) for a preceding fiscal year, the State has 
                failed to make satisfactory progress in achieving the 
                performance measures stated in an application for a 
                grant awarded to the State under this subsection; and
                    (B) on the basis of information available to the 
                Administrator concerning the reliability and 
                achievability of the performance measures referred to 
                in subparagraph (A), the measures that the State failed 
                to achieve are reliable and achievable.
            (10) Reporting requirements.--Not later than 120 days after 
        the end of the 1-year period of a grant made to a State 
        pursuant to this subsection, the appropriate official of the 
        State agency specified in paragraph (3)(F) shall submit to the 
        Administrator a report on the principal activities and 
        achievements of the State accomplished with funds made 
        available pursuant to the grant program under this subsection. 
        The report shall compare the achievements referred to in the 
        preceding sentence to--
                    (A) the measurable performance criteria described 
                in the application of the State submitted pursuant to 
                paragraph (3); and
                    (B) the goals and objectives specified in the 
                priority work plan pursuant to paragraph (4)(a)(II) and 
                the expected results specified in the priority work 
                plan of the State pursuant to paragraph (4)(a)(ii)(IV).
    (b) Multi-Media Environmental Grant.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Administrator shall, by regulation, 
        establish a multi-media environmental grant program. 
        Notwithstanding any other provision of law, the Administrator 
        may make a grant to each State that submits an application that 
        is approved by the Administrator to assist the State in 
        designing, developing, and carrying out pollution prevention, 
        control, and abatement programs and activities and other 
        related environmental programs and activities that affect 2 or 
        more areas of environmental concern.
            (2) Applications.--An application for a grant under this 
        subsection shall be made in the same manner as prescribed under 
        subsection (a)(3).
            (3) Priority work plan.--A priority work plan submitted as 
        part of an application made under this subsection shall meet 
        the requirements for a priority work plan developed under 
        subsection (a)(4).
            (4) Eligible programs and activities.--The Administrator 
        shall designate programs and activities that shall be eligible 
        to receive funding under this subsection and shall include 
        programs and activities for--
                    (A) designing and conducting environmental risk 
                assessments;
                    (B) environmental education;
                    (C) enhancing the capacity of a State to support 
                environmental programs;
                    (D) enhancing the capacity of a State to support a 
                geographical approach to environmental control programs 
                and activities;
                    (E) promoting source reduction, including 
                activities authorized under section 6605 of the 
                Pollution Prevention Act of 1990 (42 U.S.C. 13104); and
                    (F) pollution prevention, control, and abatement.
            (5) Federal share.--Except as otherwise provided by law, 
        the percentage amount of Federal share of a grant awarded under 
        this subsection shall not exceed the amount specified in 
        subsection (a)(7)(A).
            (6) Satisfactory progress.--Subsection (a)(9) shall apply 
        to a grant or application for a grant made by a State under 
        this subsection in the same manner as such subsection applies 
        to a grant made under subsection (a).
            (7) Reporting requirements.--The reporting requirements 
        under subsection (a)(10) shall apply to the Governor of a State 
        that receives a grant under this subsection in the same manner 
        as the requirements apply to the Governor of a State that 
        receives a grant under subsection (a).
    (c) Governors' Discretionary Authority.--Notwithstanding any other 
provision of law, on the request of a Governor of a State, the 
Administrator may transfer an amount not to exceed 20 percent of the 
amount that would otherwise be awarded to the State pursuant to 
individual grant authorities or a grant to the State under subsection 
(a) or (b) and award the funds as a supplemental amount that shall be 
subject to the same requirements as any other amounts awarded pursuant 
to--
            (1) a grant authorized under the individual grant 
        authorities specified in subsection (a)(2);
            (2) an environmental medium grant awarded pursuant to 
        subsection (a); or
            (3) a multi-media environmental grant awarded pursuant to 
        subsection (b).
    (d) Request for Information.--The Administrator may request such 
information, data, and reports as the Administrator considers necessary 
to--
            (1) review an application submitted under this section for 
        approval or disapproval;
            (2) evaluate progress made under a grant awarded pursuant 
        to this section; or
            (3) prepare a report that the Administrator is required to 
        prepare under section 5.
    (e) No Reduction in Amounts.--In no case shall the award of a grant 
to a State pursuant to this section result in a reduction of the total 
amount of funds awarded by the Administrator to a State as grants for 
conducting environmental programs and activities. Except as expressly 
provided otherwise, nothing in this section is intended to reduce or 
supplant the obligation of a State to pay a non-Federal share of a 
grant awarded by the Administrator to the State for conducting an 
environmental program or activity.
    (f) Applicability.--This section shall apply beginning with the 
first full fiscal year following the date of issuance by the 
Administrator of the regulations establishing an environmental medium 
grant program under subsection (a)(1).

SEC. 5. REPORT TO CONGRESS.

    Not later than 5 years after the date of enactment of this Act, the 
Administrator, in cooperation with the States, shall submit a report to 
Congress concerning the grant programs established under this Act. The 
report shall include such recommendations for changes in the grant 
programs as the Administrator considers appropriate.

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