[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3496 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3496

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 16, 2008

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

_______________________________________________________________________

                                 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 
                        nominated 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.
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