[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2476 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2476

To require the Administrator of the Environmental Protection Agency to 
    establish a pilot program for hyperlocal air quality monitoring 
 projects in environmental justice communities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2021

Mr. Markey (for himself, Mrs. Gillibrand, Mr. Padilla, Mr. Durbin, Mr. 
   Booker, Ms. Smith, Mr. Sanders, and Ms. Duckworth) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To require the Administrator of the Environmental Protection Agency to 
    establish a pilot program for hyperlocal air quality monitoring 
 projects in environmental justice communities, 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 Justice Air Quality 
Monitoring Act of 2021''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) air pollution inflicts disproportionate harm on Black 
        people, Indigenous people, and People of Color;
            (2) air quality can vary up to 800 percent from block to 
        block within a single neighborhood;
            (3) it is possible to identify and attribute sources of 
        pollution based on fingerprint analysis of multiple pollutants; 
        and
            (4) existing methods that are prescribed for basin-wide air 
        quality monitoring--
                    (A) are cost-prohibitive for monitoring community-
                scale air quality; and
                    (B) do not, as of the date of enactment of this 
                Act, measure the intrinsic variability of persistently 
                poor air quality in environmental justice communities 
                at the neighborhood block level.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Air pollutant.--The term ``air pollutant'' means--
                    (A) a criteria pollutant for which there are 
                national ambient air quality standards under section 
                109 of the Clean Air Act (42 U.S.C. 7409);
                    (B) a hazardous air pollutant (as defined in 
                section 112(a) of that Act (42 U.S.C. 7412(a))); and
                    (C) a greenhouse gas.
            (3) Eligible hyperlocal air quality data provider.--The 
        term ``eligible hyperlocal air quality data provider'' means an 
        organization with the demonstrated ability to deploy hyperlocal 
        air quality monitoring systems in support of State, local, or 
        Tribal air agencies.
            (4) Environmental justice.--The term ``environmental 
        justice'' means the fair treatment and meaningful involvement 
        of all people, regardless of race, color, culture, natural 
        origin, or income, in the development, implementation, and 
        enforcement of environmental laws (including regulations) and 
        policies to ensure that each person enjoys--
                    (A) the same degree of protection from 
                environmental and health hazards; and
                    (B) equal access to any Federal agency action 
                relating to the development, implementation, and 
                enforcement of environmental laws (including 
                regulations) and policies for the purpose of having a 
                healthy environment in which to live, learn, work, and 
                recreate.
            (5) Environmental justice community.--The term 
        ``environmental justice community'' means a community with 
        significant representation of communities of color, low-income 
        communities, or Tribal and Indigenous communities that 
        experiences, or is at risk of experiencing, higher or more 
        adverse human health or environmental effects, as compared to 
        other communities.
            (6) Greenhouse gas.--The term ``greenhouse gas'' means any 
        of the following:
                    (A) Carbon dioxide.
                    (B) Methane.
                    (C) Nitrous oxide.
                    (D) Hydrofluorocarbons.
                    (E) Perfluorocarbons.
                    (F) Sulfur hexafluoride.
            (7) Hyperlocal air quality monitoring system.--The term 
        ``hyperlocal air quality monitoring system'' means a method of 
        monitoring ambient air quality and greenhouse gases and 
        detecting the presence of air pollutants that--
                    (A) yields frequently repeated, ongoing 
                measurements of air pollutants at a block-level 
                resolution; and
                    (B) identifies hotspots of persistent elevated 
                levels of air pollutants localized to, and caused by 
                the characteristics of, a specific geographic location.
            (8) Nonprofit organization.--The term ``nonprofit 
        organization'' means an organization described in section 
        501(c)(3) of the Internal Revenue Code of 1986 and exempt from 
        taxation under section 501(a) of that Code.
            (9) Pilot program.--The term ``pilot program'' means the 
        pilot program established under section 4(a).

SEC. 4. PILOT PROGRAM FOR HYPERLOCAL AIR QUALITY MONITORING PROJECTS IN 
              ENVIRONMENTAL JUSTICE COMMUNITIES.

    (a) Establishment.--Subject to the availability of appropriations, 
the Administrator shall carry out a pilot program to award, on a 
competitive basis, grants or contracts to State, local, and Tribal air 
agencies, in partnership with local nonprofit organizations or eligible 
hyperlocal air quality data providers, to carry out projects described 
in subsection (b) for hyperlocal air quality monitoring systems in 
environmental justice communities.
    (b) Projects.--A State, local, or Tribal air agency that receives a 
grant or contract under the pilot program shall use amounts received 
under the grant or contract to carry out an air quality monitoring 
project within a geographical region specified by the State, local, or 
Tribal air agency--
            (1) to monitor air quality at a level of discreteness 
        capable of monitoring an area that is the smaller of--
                    (A) a block; and
                    (B) a 100-meter radius;
            (2) to identify areas of persistent elevated air pollution 
        levels above a relevant background level;
            (3) to regularly monitor air quality using monitoring 
        technology that meets the data quality objectives of the 
        Environmental Protection Agency, which may, in the 
        determination of the Administrator, include a requirement that 
        the technology qualify as a Federal Reference Method or a 
        Federal Equivalent Method;
            (4) to resolve changes in ambient levels of relevant air 
        pollutants;
            (5) to generate equity maps by geographical area, including 
        generating maps using such variables as demographic data 
        relating to race, ethnicity, and income level; and
            (6) to report hyperlocal air quality data and mapping tools 
        to--
                    (A) community residents through an online platform 
                to increase public awareness and engagement; and
                    (B) relevant local, State, Tribal, and Federal air 
                pollution managers to inform management decisions, such 
                as the placement or relocation of stationary air 
                pollution monitors, transportation or land use 
                planning, investments in mitigating air pollution 
                sources, and other planning decisions.
    (c) Project Selection.--
            (1) Applications.--A State, local, or Tribal air agency 
        seeking a grant or contract under the pilot program shall 
        submit to the Administrator an application at such time, in 
        such manner, and containing such information as the 
        Administrator may require.
            (2) Prioritization.--In selecting projects to receive 
        grants or contracts under the pilot program, the Administrator 
        shall give priority to projects that--
                    (A) would be carried out in areas with high rates 
                of illness associated with exposure to air pollution, 
                as determined by the Administrator, including childhood 
                asthma, adult asthma, chronic obstructive pulmonary 
                disease, heart disease, chronic bronchitis, and cancer;
                    (B) seek to identify pollution sources through 
                multipollutant analysis when relevant;
                    (C) would be able to assess pollution burdens on 
                sensitive individuals who may be at greater risk of 
                adverse health effects from exposure to the air 
                pollutants to be monitored as compared to the general 
                population; and
                    (D) would promote--
                            (i) public access and transparency of data; 
                        and
                            (ii) proactive outreach for community 
                        engagement and awareness.
            (3) Equitable funding distribution.--A State, local, or 
        Tribal air agency that receives a grant or contract under the 
        pilot program shall ensure that air quality monitoring projects 
        deployed using amounts from the grant or contract--
                    (A) provide full-time, salaried employment 
                opportunities, with benefits, to local residents of 
                environmental justice communities, which may include 
                employment or training for positions such as--
                            (i) air quality monitoring device 
                        installation, maintenance, and calibration 
                        technicians;
                            (ii) data scientists, atmospheric 
                        scientists, chemists, epidemiologists, and 
                        social scientists;
                            (iii) software developers, engineers, and 
                        interface designers;
                            (iv) community engagement and 
                        communications and outreach specialists;
                            (v) air quality monitor operators;
                            (vi) environmental justice organizer; and
                            (vii) environmental health advocate; and
                    (B) direct not less than 40 percent of the amount 
                received from the grant or contract toward the 
                employment opportunities described in subparagraph (A).
    (d) Duration.--A project carried out using a grant or contract 
awarded under the pilot program may not exceed 5 years in duration.
    (e) Evaluation Metrics.--To evaluate the effectiveness of the pilot 
program, the Administrator shall establish, based on the project 
requirements described in paragraphs (1) through (6) of subsection (b), 
metrics and reporting requirements for grant recipients.
    (f) Reports.--
            (1) Annual reports.--Not later than 180 days after the end 
        of each fiscal year in which the Administrator carries out the 
        pilot program, the Administrator shall submit to Congress a 
        report on the results of the pilot program for the previous 
        fiscal year, which shall include, with respect to the fiscal 
        year covered by the report--
                    (A) a description of each project awarded a grant 
                or contract under the pilot program;
                    (B) a description of the evaluation metrics 
                established under subsection (e);
                    (C) the results of and the insights developed from 
                the monitoring carried out under projects for which 
                grants or contracts were awarded under the pilot 
                program; and
                    (D) whether the Administrator proposes to continue 
                air quality monitoring at the locations monitored by 
                projects for which those grants or contracts were 
                awarded.
            (2) Final report.--Not later than 180 days after the date 
        on which the final project carried out using a grant or 
        contract awarded under the pilot program is completed, the 
        Administrator shall submit to Congress a report that describes 
        the results of the pilot program, which shall include--
                    (A) a description of the pilot program;
                    (B) a description of the air quality monitoring 
                data collected under projects that received grants or 
                contracts under the pilot program;
                    (C) an assessment of the effectiveness of the pilot 
                program using the evaluation metrics established under 
                subsection (e) and information received from the 
                reporting requirements established under that 
                subsection;
                    (D) a description of the cost of the pilot program, 
                including an estimate of the cost of making the pilot 
                program permanent;
                    (E) an estimate of the cost of expanding the pilot 
                program to monitor air quality in air basins that are 
                adjacent to air basins for which air quality was 
                monitored under projects that received grants or 
                contracts under the pilot program; and
                    (F) such recommendations for legislation, 
                regulation, or administrative action as the 
                Administrator considers appropriate, including 
                recommendations for--
                            (i) reducing air pollution burdens in 
                        identified hotspots; and
                            (ii) extending the pilot program or making 
                        the pilot program permanent.
    (g) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Administrator $100,000,000 for each of fiscal years 2022 
        through 2027 to carry out the pilot program.
            (2) Supplement, not supplant.--Amounts made available under 
        paragraph (1) shall supplement, and not supplant, other amounts 
        made available to address harms resulting from air pollution.
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