Environmental Justice Air Quality Monitoring Act of 2022
This bill requires the Environmental Protection Agency to implement a pilot program to award, on a competitive basis, grants or contracts to state, local, and tribal air agencies to carry out specified projects for hyperlocal air quality monitoring systems in environmental justice communities (i.e., communities with significant representation of communities of color, low income communities, or tribal and indigenous communities that experience, or are at risk of experiencing, higher or more adverse human health or environmental effects).
A project carried out using a grant or contract awarded under the pilot program may not exceed five years in duration.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6759 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6759
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 HOUSE OF REPRESENTATIVES
February 18, 2022
Ms. Castor of Florida (for herself, Ms. Blunt Rochester, Mr. Torres of
New York, Mr. Lynch, Ms. Barragan, Mr. Casten, Mr. Veasey, Ms. Clarke
of New York, Ms. Bonamici, Mr. Carson, Mr. Takano, Ms. Escobar, Ms.
Sherrill, Mr. McNerney, Mr. Huffman, Mr. Blumenauer, Mr. Grijalva, Ms.
DeGette, Ms. Matsui, Mr. Rush, Mr. Lowenthal, Mr. Bowman, Mrs. Watson
Coleman, Ms. Brownley, Mr. Sarbanes, Mr. McEachin, Mr. Neguse, and Mr.
Levin of California) introduced the following bill; which was referred
to the Committee on Energy and Commerce
_______________________________________________________________________
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 2022''.
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;
(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; and
(5) the Environmental Protection Agency has existing
authority under the Clean Air Act to address air pollutants,
including greenhouse gases.
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'' has the
meaning given such term in section 302(g) of the Clean Air Act
(42 U.S.C. 7602(g)).
(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) Hyperlocal air quality monitoring system.--The term
``hyperlocal air quality monitoring system'' means a method of
monitoring ambient air quality 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.
(7) 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.
(8) 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 determine 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) Wage Rate Requirement.--Not withstanding any other provision of
law, all laborers employed under projects funded directly by a grant or
contract provided to a State, local, or Tribal air agency under the
pilot program shall be paid wages at rates not less than those
prevailing on projects of a similar character in the locality, as
determined by the Secretary of Labor in accordance with subchapter IV
of chapter 31 of title 40, United States Code (commonly referred to as
the ``Davis-Bacon Act'').
(e) Duration.--A project carried out using a grant or contract
awarded under the pilot program may not exceed 5 years in duration.
(f) 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.
(g) 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 (f);
(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 (f) and information received from the
reporting requirements established under that
subsection;
(D) a description of the benefits and costs of the
pilot program, including an estimate of the benefits
and costs 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.
(h) 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.
SEC. 5. SAVINGS CLAUSE.
Nothing in this Act shall be construed as altering, limiting,
revising, or weakening existing Federal law to protect public health or
welfare from air pollution.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Environment and Climate Change.
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