118 HR 1048 IH: Aviation Noise and Emissions Mitigation Act
U.S. House of Representatives
2023-02-14
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I
118th CONGRESS
1st Session
H. R. 1048
IN THE HOUSE OF REPRESENTATIVES
February 14, 2023
Mr. Smith of Washington introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To develop pilot grant programs through the Environmental Protection Agency to research and collect data on aircraft and airport noise and emissions and to use such information and data to develop a mitigation strategy, and for other purposes.
1.

Short title
This Act may be cited as the “Aviation Noise and Emissions Mitigation Act”.
2.

Noise and air quality monitoring and research grant program
(a)

In general
Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency in consultation with Secretary of Transportation and other relevant Federal agencies determined by the Administrator, shall establish a 3-year pilot grant program with eligible entities to measure noise and emissions, including greenhouse gases, particulate matter, ultrafine particles, and air toxics, in communities near airports or air flight pathways using sophisticated methods and technology that allow tracing of noise and emissions to specific sources such as aircraft and airport related noise and emissions near such communities, including identifying specific neighborhoods, structures, or areas impacted by such noise and emissions.
(b)

Grant activities
Recipients of grants under subsection (a) shall—
(1)
use technology capable of producing data that can be used for wedge analysis to decipher the sources of noise and emissions so communities may better understand the primary contributors of noise and emissions;
(2)
make every reasonable effort to establish a program that can be easily replicated across the country with the goal of ongoing data collection and monitoring in areas near airports or air flight pathways;
(3)
produce neighborhood and ZIP Code-level data for a designated area to be used to determine or predict the level and impact of noise and emissions on certain neighborhoods and ZIP Codes of such area, and to identify frontline and disproportionately impacted communities;
(4)
coordinate and regularly communicate with the local clean air agency (or agencies, if applicable), local public health departments, local metropolitan planning organizations, Indian Tribal governments, community based organizations, and other local government, State government, or non-profit entities as the grantee determines useful to the project;
(5)
work with community-based organizations, some of which may be selected for a grant under section 2, to assist in developing a mitigation abatement strategy for communities, neighborhoods, or areas impacted by aircraft or airport noise and emissions;
(6)
establish a clear plan for disseminating the data and results of the program on an regular basis; and
(7)
consult initially and throughout the process with the public and relevant community-based organizations or local governments on the design and execution of the noise and emissions monitoring program.
(c)

Eligible entities
An institution of higher education or other non-profit research entity, health institution, or local government with demonstrated experience in conducting either or both aviation noise or emissions research is eligible to receive a grant under this section. The Administrator may award not more than 6 awards under this section.
(d)

Grant award amount
The Administrator may award a grant under this section to an eligible entity of not less than $2,500,000 and not more than $5,000,000 for the 3-year grant period.
(e)

Annual report
A grantee under the section shall submit an annual report to the Administrator regarding the research conducted and any findings. The Administrator shall make such reports publicly available.
3.

Mitigation and support services grant program
(a)

In general
Not later than 6 months after the submission of the final annual report submitted under section 1(e), the Administrator of the Environmental Protection Agency, in consultation with the Department of Health and Human Services, Department of Transportation, or other relevant Federal agencies as determined by the Administrator, shall establish a pilot grant program to mitigate aircraft or airport noise and emissions, and their impacts, in communities near airports and air flight pathways.
(b)

Grant requirements
(1)

Priority
The Administrator shall prioritize and provide guidance and technical assistance to applicants applications that—
(A)
focus on communities found to be disproportionately impacted by aviation noise or emissions identified in the research produced under the section 1 grant;
(B)
primarily benefit disadvantaged communities and communities with a higher prevalence of diseases associated with environmental exposures; and
(C)
demonstrate community support and involvement from affected communities in their proposed program.
(2)

Eligibility
To be eligible to receive a grant under this section, an applicant shall be a local community-based non-profit organization, a consortium of community-based non-profit organizations from a community that participated in the noise and emissions monitoring program under section 1, a local public health department, or a local or Indian Tribal government. If the recipient is a public health department or local or Indian Tribal government, the recipient shall demonstrate community support for the program and how it plans to partner with at least 1 non-profit community-based organization.
(3)

Mitigation strategy
An applicant shall demonstrate in its application how the—
(A)
research conducted under section 1 informs its proposed project design;
(B)
proposed project addresses environmental or health disparities and the needs and concerns of affected communities, disadvantaged communities, or other communities facing environmental justice concerns, including how the applicant used the Climate and Economic Justice Screening Tool or other similar environmental justice mapping tool to effectively target mitigation strategies;
(C)
applicant incorporated input from affected communities in its proposed program, demonstrated community support for the proposed program, and has established a written plan detailing how the applicant will maintain ongoing engagement with the affected communities; and
(D)
applicant intends to partner or coordinate with relevant local organizations, government entities, and service providers such as local public health departments, Indian Tribal governments, community health centers, and local education authorities, depending on the mitigation plan.
(4)

Use of funds
Funds under the grant program shall be used to mitigate the impacts of aircraft or airport noise and emissions on communities near airports or air flight pathways, including establishing 1 or more of the following:
(A)
Noise mitigation packages that may include weatherization, retrofitting, or energy efficiency upgrades that have noise reduction, environmental, or health benefits for households, schools, or other facilities, prioritizing low-income households and low-resourced communities and facilities, and structures that are less likely to be eligible for other similar Federal resources.
(B)
Programs to promote environmental and public health services in impacted communities, including programs that address the disproportionate effects of climate change on environmental justice communities.
(C)
Health care services and environmental and public health interventions that address underlying impacts from airport noise and pollution on health and quality of life, especially in children, vulnerable populations, disadvantaged communities, and communities of color.
(5)

Duration
A grant under this section shall be not less than 3 years and not more than 5 years as determined appropriate by the Administrator.
(c)

Reporting requirements
(1)

After 1st year
One year after the awarding of grants under this section, and annually thereafter, the Administrator shall submit a report to the Committees on Energy and Commerce and Transportation and Infrastructure of the House of Representatives and the Committees on Environment and Public Works and Commerce, Science, and Transportation of the Senate on the activities of the grant programs to include—
(A)
the services provided and their targeted beneficiaries (including households, schools, other facilities, children, adults, seniors);
(B)
the steps taken by the grantee to engage the public and impacted communities during execution of the grant;
(C)
a breakdown of the areas served under the grant and if and how such areas align with locations identified under section 1; and
(D)
aggregate information about the communities, households, and individuals benefitting from the services provided under the grant, including a breakdown of the demographic information and socioeconomic status of individuals and households.
(2)

After 3d year
Three years after awarding of the first grant under this section, the agency shall submit a report to the congressional committees referred to in paragraph (1) to include—
(A)
an assessment of the grant program’s ability to meet its goal of mitigating airport and aviation noise and emissions;
(B)
potential lessons learned to inform future efforts to address the impacts of noise and emissions in communities near airports and air flight pathways; and
(C)
a review of how levels and impact of noise and pollution from airports and air flight pathways can be incorporated into the Climate and Economic Justice Screening Tool or other similar environmental justice mapping tool used by the Government.
(3)

Input in report
The report under this subsection shall be completed with input from grantees and affected communities.