I

106TH CONGRESS

1ST SESSION H. R. 1755

To provide for reimbursing the States for the cost incurred by the States

in implementing the Border Smog Reduction Act of 1998.

IN THE HOUSE OF REPRESENTATIVES

MAY 11, 1999

Mr. FILNER introduced the following bill; which was referred to the

Committee on Commerce

A BILL

To provide for reimbursing the States for the cost incurred

by the States in implementing the Border Smog Reduction Act of 1998.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Border Smog Reduc5 tion Accountability Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds as follows:

8 (1) The Clean Air Act provides for the estab9 lishment of national primary ambient air quality

10 standards. The standards are Federal regulatory
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1 provisions, but are implemented, maintained, and

2 enforced under State plans.

3 (2) The States incur costs in administering

4 such plans. In the case of ozone nonattainment

5 areas, the States incur increased administrative

6 costs because the Clean Air Act requires the oper7 ation of inspection and maintenance programs to

8 control vehicle emissions. Even greater administra9 tive costs are incurred for serious, severe, or extreme

10 ozone nonattainement areas, as the States are re11 quired to have enhanced inspection and maintenance

12 programs.

13 (3) For a State that borders a foreign country,

14 an additional factor in the problem of ozone non15 attainment is presented by vehicles that enter the

16 State from the foreign country and are registered in

17 such country.

18 (4) The Border Smog Reduction Act of 1998

19 (Public Law 105–286) was enacted in response to

20 such problem. Notwithstanding estimates of the

21 Congressional Budget Office to the contrary, the

22 States have determined that the implementation of

23 Public Law 105–286 will cause the States to incur

24 significant administrative costs.
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1 (5) Public Law 105–286 is therefore an un2 funded mandate within the spirit of the Unfunded

3 Mandates Reform Act of 1995 (‘‘UMRA’’) (Public

4 Law 104–4), even though State expenditures under

5 Public Law 105–286 may not meet the intergovern6 mental-mandate threshold amount of $50,000,000

7 established under UMRA regarding the congres8 sional procedural process. UMRA establishes con9 gressional and administrative procedures to control

10 the imposition of Federal mandates on the States

11 and the private sector.

12 (6) The Federal Government should make

13 grants to the States in order to reimburse the costs

14 of the States in implementing Public Law 105–286.

15 SEC. 3. REIMBURSEMENT OF STATES FOR COSTS OF IMPLE16 MENTING BORDER SMOG REDUCTION ACT OF

17 1998.

18 Of the amounts appropriated for carrying out the

19 Clean Air Act for fiscal year 2000 and each subsequent

20 fiscal year, the Administrator of the Environmental Pro21 tection Agency shall make available such sums as may be

22 necessary to make grants to the States in amounts suffi23 cient to reimburse the States for the costs incurred by the

24 States in implementing section 183(h) of the Clean Air
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1 Act, as added by section 2 of the Border Smog Reduction

2 Act of 1998 (Public Law 105–286).

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