,,ii #aaeth ,,congress #b;d ,session ,s4 #cacd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bf1 #bjah,ms4 ,harris introduced the following bill2 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 ,valley1 ,california1 by designating air quality empowerment zones4 #a4 ,short title ,this ,act may be cited as the ,air and ,health ,quality ,empowerment ,zone ,designation ,act of #bjah4 #b4 ,purpose ,the purpose of this ,act is to establish criteria through the use of which specific geographical areas-- 7#a7 shall be designated as air and health quality empowerment zones2 and 7#b7 may apply for grants authorized for the purpose of replacing or retrofitting polluting vehicles or engines 7or both vehicles and engines7 in order to improve the health of the population living in the zones4 #c4 ,findings ,congress finds that-- 7#a7 the ,san ,joaquin ,valley faces serious air quality challenges that impact the development1 health1 and economy of the ,valley2 7#b7 the ,valley emits approximately #fbd tons of nitrogen oxides per day1 and attainment of the #aiig federally mandated #h-;hour ozone standard under the ,clean ,air ,act requires emissions of not more than #afj tons of oxides of nitrogen per day2 7#c7 the ,valley does not attain the federally mandated standard for ,,pm#b4e2 7#d7 the children of the ,valley miss #ahh1jjj school days per year1 which translates to #a in #d of those children experiencing a day of absence each year due to elevated ozone levels2 7#e7 approximately #dfj residents of the ,valley die earlier than they otherwise would due to elevated ozone levels1 and ,valley residents experience #bc1cjj asthma attacks per year1 a rate that equals #c times the ,state average and #e times the national average2 7#f7 #a in #e children residing in the ,valley have been diagnosed with asthma2 7#g7 nonattainment of ,federal air quality standards costs the ,valley #c1bjj1jjj1jjj annually2 7#h7 the ,valley experiences chronic double-digit unemployment rates2 and 7#i7 the ,federal ,government must partner with the ,valley and the ,state to address air quality1 health1 and economic development for the residents of the ,valley through the designation of the ,valley as an air quality empowerment zone that is eligible for ,federal grants and technical assistance4 #d4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,agency ,the term ,agency means the ,environmental ,protection ,agency4 7#c7 ,clean ,air ,act ,the term ,clean ,air ,act means the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq474 7#d7 ,,pm#b4e ,the term ,,pm#b4e means particulate matter with a diameter that does not exceed #b4e micrometers4 7#e7 ,strategic plan ,the term strategic plan means1 with respect to an area1 the plan contained in the application for designation of the area under section #e4 7#f7 ,valley ,the term ,valley means the ,san ,joaquin ,valley1 ,california4 #e4 ,air quality empowerment zone designation procedures 7a7 ,in general ,from among the areas nominated for designation under this section1 the ,administrator may designate #a or more areas as air and health quality empowerment zones4 7b7 ,period for which designation is in effect 7#a7 ,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-- 7,a7 the last day of the tenth calendar year beginning on the date of the designation2 or 7,b7 the date on which the ,administrator revokes the designation4 7#b7 ,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-- 7,a7 has been designated as being in attainment with the national ambient air quality standard for ,,pm#b4e and ozone promulgated under the ,clean ,air ,act2 or 7,b7 is not complying substantially with1 or fails to make progress in achieving the goals of1 the strategic plan4 7c7 ,limitations on designations ,no area may be designated under subsection 7a7 unless-- 7#a7 the area is nominated for designation by the air pollution control district with jurisdiction over the area2 7#b7 the air pollution control district provides written assurances satisfactory to the ,administrator that the strategic plan will be implemented2 and 7#c7 the ,administrator determines that any information provided is reasonably accurate4 7d7 ,application ,no area may be designated under subsection 7a7 unless the application for the designation-- 7#a7 demonstrates that the nominated area satisfies the eligibility criteria described in section #f2 and 7#b7 includes a strategic plan for accomplishing the purposes of this ,act that-- 7,a7 describes-- 7i7 the process by which the nominated area is a full partner in the process of developing and implementing the plan2 and 7ii7 the extent to which local institutions and organizations have contributed to the planning process2 7,b7 identifies-- 7i7 the amount of ,state1 local1 and private resources that will be available for the nominated area2 and 7ii7 the private-public partnerships to be used 7which may include participation by1 and cooperation with1 institutions of higher education1 medical centers1 and other private and public entities72 7,c7 identifies the funding requested under any ,federal program in support of the purposes of this ,act2 7,d7 identifies baselines1 methods1 and benchmarks for measuring the success of carrying out the strategic plan2 and 7,e7 includes such other information as may be required by the ,administrator4 #f4 ,eligibility criteria ,a nominated area shall be eligible for designation under section #e7;a7 only if the area meets all of the following criteria3 7#a7 ,nonattainment ,the nominated area has been designated as being-- 7,a7 in extreme nonattainment of the #h-;hour ozone national ambient air quality standard promulgated by the ,administrator under the ,clean ,air ,act2 and 7,b7 in nonattainment of national ambient air quality standard for ,,pm#b4e promulgated by the ,administrator under that ,act4 7#b7 ,agricultural sources ,the nominated area has-- 7,a7 emissions of oxides of nitrogen from farm equipment of at least #cj tons per day in calendar year #bjah2 or 7,b7 emissions of volatile organic compounds from farming operations of at least #dj tons per day in calendar year #bjah4 7#c7 ,air quality-related health effects ,as of the date of nomination1 the nominated area meets or exceeds the national average per capita incidence of asthma4 7#d7 ,economic impact ,as of the date of nomination1 the nominated area experiences unemployment rates higher than the national average4 7#e7 ,state matching funds ,the nominated area is located within a ,state and local area that will match at least of the funds provided by the ,federal ,government under this ,act4 #g4 ,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 ,act4 #h4 ,authorization of air and health empowerment grants 7a7 ,eligibility 7#a7 ,in general ,each area designated as an air and health quality empowerment zone under section #e7;a7 shall be eligible to receive #a or more grants under this section4 7#b7 ,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-- 7,a7 the information contained in the applications required by section #e7;d72 and 7,b7 the needs set forth in the applications by those designated as beneficiaries4 7#c7 ,timing of grants ,with respect to each designated air and health quality empowerment zone1 the ,administrator shall make-- 7,a7 a grant under this section to each such zone on the date of designation of the zone under section #e7;a72 and 7,b7 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 zone4 7#d7 ,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 #e7;a7 shall oversee the use of any grant funds provided to the zone under this section4 7b7 ,use of grants ,each air and health safety empowerment zone that receives a grant under this section shall use the grant solely-- 7#a7 to carry out activities that achieve the purposes described in section #b2 7#b7 in accordance with the strategic plan for the zone2 and 7#c7 for activities that benefit the residents of the zone for which the grant is made through improved air quality and health4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to provide grants under this section #bj1jjj1jjj for each of fiscal years #bjai through #bjbc4