[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5145 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5145
To clarify the use of certain existing grants under the Clean Air Act
to purchase air sensors, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2026
Ms. Rosen (for herself, Mr. Bennet, Ms. Klobuchar, and Mr. Merkley)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To clarify the use of certain existing grants under the Clean Air Act
to purchase air sensors, 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 ``Wildfire Air Quality Sensor
Expansion Act of 2026''.
SEC. 2. FINDINGS.
Congress finds that--
(1) wildfire smoke contains air pollutants that have been
associated with a range of negative health outcomes, from upper
respiratory tract irritation to the exacerbation of cardiac,
respiratory, and other chronic conditions;
(2) the negative health outcomes described in paragraph (1)
can--
(A) lead to increased morbidity and mortality; and
(B) present an additional economic burden for
affected populations;
(3) standard public health strategies for mitigating
negative health outcomes from wildfire smoke largely focus on
risk assessment and communication that is informed by available
air quality data;
(4) wildfires tend to occur in rural areas where--
(A) air quality monitoring may be absent or scarce;
and
(B) access to the internet and traditional media
may be limited, which curtails the reach of risk
communication and educational outreach;
(5) given the limitations described in paragraph (4) and
other possible limitations, there is a critical need to
understand how rural communities can increase wildfire smoke
risk mitigation as wildfire activity continues to grow,
particularly in the western United States; and
(6) air sensors are--
(A) an important tool in providing relatively quick
or instant concentrations of air pollutants for air
quality monitoring purposes; and
(B) often lower in cost, more portable, and
generally easier to operate than air monitors.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Air monitor.--The term ``air monitor'' has the meaning
given the term ``monitor'' in section 58.1 of title 40, Code of
Federal Regulations (as in existence on the date of enactment
of this Act).
(3) Air pollution control agency.--The term ``air pollution
control agency'' has the meaning given the term in section 302
of the Clean Air Act (42 U.S.C. 7602).
(4) Air sensor.--The term ``air sensor'' means a non-
regulatory device that--
(A) is not a monitor (as defined in section 58.1 of
title 40, Code of Federal Regulations (as in effect on
the date of enactment of this Act)); and
(B) uses 1 or more sensing elements to measure the
concentration of--
(i) particulate matter with a diameter of
2.5 micrometers or less (commonly referred to
as ``PM2.5'');
(ii) ground-level ozone; or
(iii) other smoke pollutants originating
from wildfire burning natural or human-made
fuel sources.
(5) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 302 of the Clean Air Act (42
U.S.C. 7602).
(6) Wildfire.--The term ``wildfire'' has the meaning given
the term in section 50.1 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
SEC. 4. CLARIFICATION ON THE USE OF EXISTING FUNDING FOR AIR SENSORS.
An air pollution control agency that receives a grant under section
103 or 105 of the Clean Air Act (42 U.S.C. 7403, 7405) may use those
grant funds to purchase and operate portable air sensors and related
equipment necessary for the placement and operation of those air
sensors.
SEC. 5. AIR SENSOR GRANT AND LOAN PROGRAMS.
(a) Portable Air Sensor Grants.--
(1) In general.--Subject to the availability of
appropriations, the Administrator shall, on a competitive
basis, award grants to air pollution control agencies to
purchase and operate portable air sensors and related equipment
necessary for the placement and operation of those air sensors.
(2) Requirement.--An air pollution control agency that
receives a grant under paragraph (1) shall coordinate with the
Administrator with respect to--
(A) the sharing of data from portable air sensors
purchased or operated using grant funds; and
(B) the adjustment of data from portable air
sensors described in subparagraph (A) for use in
publicly available mapping of air quality, including
those operated by the Administrator, such as the AirNow
Fire and Smoke Map tool.
(3) Prioritization.--In selecting recipients of grants
under paragraph (1), the Administrator shall give priority to
air pollution control agencies that would use grant funds to
purchase and operate portable air sensors in--
(A) remote or rural locations that lack air
monitors and air sensors;
(B) areas in which air quality monitoring or air
quality data is absent or scarce; or
(C) communities that are affected, or are expected
to be affected, by wildfire and wildfire smoke during
the fiscal year within which the grant is made.
(4) Air monitors.--Portable air sensors purchased and
operated using grants under paragraph (1) shall complement, but
not replace, air monitors that are otherwise eligible to be
purchased or operated using grants awarded under sections 103
and 105 of the Clean Air Act (42 U.S.C. 7403, 7405).
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000 for
each of fiscal years 2027 through 2032.
(b) Air Sensor Loan Programs.--
(1) In general.--The Administrator shall expand the
existing air sensor loan programs of the Environmental
Protection Agency, including the regional air sensor loan
programs and the Wildfire Smoke Air Monitoring Response
Technology program, into regions, States, and land under the
jurisdiction of Indian tribes that do not currently participate
in those programs, with a focus on providing funding under
those programs for portable air sensors in areas that are most
severely impacted by wildfires and wildfire smoke.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Administrator to carry out this
subsection such sums as are necessary for each of fiscal years
2027 through 2032.
SEC. 6. ACCESS TO TECHNICAL ASSISTANCE.
(a) In General.--Subject to the availability of appropriations, the
Administrator shall provide technical assistance for the purchase and
operation of portable air sensors and related equipment necessary for
the placement and operation of those portable air sensors to recipients
of assistance under the programs described in section 5 and the grant
programs under sections 103 and 105 of the Clean Air Act (42 U.S.C.
7403, 7405).
(b) Technical Assistance Described.--Technical assistance provided
pursuant to subsection (a) shall include assistance with respect to--
(1) air sensor placement;
(2) air sensor type selection;
(3) air sensor maintenance and care;
(4) maintenance and care of equipment necessary for air
sensor operation;
(5) air sensor data management; and
(6) quality assurance project plan development.
(c) Prioritization.--In selecting recipients of technical
assistance provided pursuant to subsection (a), the Administrator shall
give priority to recipients of assistance for the purchase of air
sensors--
(1) in remote or rural locations that lack air monitors and
air sensors;
(2) in areas in which air quality monitoring or air quality
data is absent or scarce; or
(3) that serve communities that are affected, or are
expected to be affected, by wildfire and wildfire smoke during
the fiscal year in which the assistance for the purchase of air
sensors is provided.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator to carry out this section such sums
as are necessary for each of fiscal years 2027 through 2032.
SEC. 7. QUALITY ASSURANCE PROJECT PLAN TEMPLATES FOR AIR SENSOR
PROGRAMS.
Not later than 180 days after the date of enactment of this Act,
the Administrator shall develop, in consultation with the regional
offices of the Environmental Protection Agency and relevant
stakeholders, and make publicly available quality assurance project
plan templates for the programs of the Administrator described in
section 5 that--
(1) are nationally consistent; and
(2) meet the requirements of section 1500.12 of title 2,
Code of Federal Regulations (as in effect on the date of
enactment of this Act).
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