I 
112TH CONGRESS 
2D SESSION 
H. R. 6378 
To provide for the designation of, and the award of grant with respect 
to, air and health quality empowerment zones. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 12, 2012 
Mr. MCNERNEY (for himself and Mr. COSTA) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To provide for the designation of, and the award of grant 
with respect to, air and health quality empowerment zones. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Air and Health Quality 
Empowerment Zone Designation Act of 2012’’. 
SEC. 2. AIR AND HEALTH QUALITY EMPOWERMENT ZONES. 
(a) DESIGNATION OF AIR AND HEALTH QUALITY 
EMPOWERMENT ZONES.— 
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(I) addressing air quality chal-
lenges and achieving attainment of air 
quality standards in the area; and 
(II) improving the health of the 
population in the area; 
(ii) describes— 
(I) the process by which the dis-
trict or local governmental entity is a 
full partner in the process of devel-
oping and implementing the strategic 
plan; and 
(II) the extent to which local in-
stitutions and organizations have con-
tributed to the planning process; 
(iii) identifies— 
(I) the amount of State, local, 
and private resources that will be 
available for carrying out the strategic 
plan; and 
(II) the private and public part-
nerships to be used (which may in-
clude participation by, and coopera-
tion with, institutions of higher edu-
cation, medical centers, and other pri-
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vate and public entities) in carrying 
out the strategic plan; 
(iv) identifies the funding requested 
under any Federal program in support of 
the strategic plan; 
(v) identifies baselines, methods, and 
benchmarks for measuring the success of 
the strategic plan; and 
(vi) includes such other information 
as may be required by the Administrator; 
and 
(C) provides written assurances satisfac-
tory to the Administrator that the strategic 
plan will be implemented. 
(3) ELIGIBILITY CRITERIA.—To be eligible for 
designation under paragraph (1), an area must meet 
all of the following criteria: 
(A) NONATTAINMENT.—The area has been 
designated as being— 
(i) in extreme nonattainment of the 
national ambient air quality standard for 
ozone; and 
(ii) in nonattainment of the national 
ambient air quality standard for PM2.5. 
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(B) AGRICULTURAL SOURCES.—The area 
had— 
(i) emissions of oxides of nitrogen 
from farm equipment of at least 30 tons 
per day in calendar year 2011; or 
(ii) emissions of volatile organic com-
pounds from farming operations of at least 
3 tons per day in calendar year 2010. 
(C) AIR
QUALITY-RELATED
HEALTH
EF-
FECTS.—As of the date of designation, the area 
meets or exceeds the national average per cap-
ita incidence of asthma. 
(D) ECONOMIC IMPACT.—As of the date of 
designation, the area experiences unemployment 
rates higher than the national average. 
(E) MATCHING FUNDS.—The air pollution 
control district or other local governmental enti-
ty submitting the strategic plan under para-
graph (2) for the area agrees that it will make 
available (directly or through contributions 
from the State or other public or private enti-
ties) non-Federal contributions toward the ac-
tivities to be carried out under the strategic 
plan in an amount equal to $1 for each $1 of 
Federal funds provided for such activities. Such 
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non-Federal matching funds may be in cash or 
in-kind, fairly evaluated, including plant, equip-
ment, or services. 
(4) PERIOD OF DESIGNATION.—A designation 
under paragraph (1) shall remain in effect during 
the period beginning on the date of the designation 
and ending on the earlier of— 
(A) the last day of the tenth calendar year 
ending after the date of the designation; or 
(B) the date on which the Administrator 
revokes the designation. 
(5) REVOCATION OF DESIGNATION.—The Ad-
ministrator may revoke the designation under para-
graph (1) of an area if the Administrator determines 
that— 
(A) the area is in attainment with the na-
tional ambient air quality standards for PM2.5 
and ozone; or 
(B) the air pollution control district or 
other local governmental entity submitting the 
strategic plan under paragraph (2) for the area 
is not complying substantially with, or fails to 
make progress in achieving the goals of, such 
strategic plan. 
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(b) GRANTS FOR AIR AND HEALTH QUALITY EM-
POWERMENT ZONES.— 
(1) IN GENERAL.—For the purpose described in 
paragraph (2), the Administrator may award one or 
more grants to the air pollution control district or 
local governmental entity submitting the application 
under subsection (a)(2) on behalf of each air and 
health quality empowerment zone designated under 
subsection (a)(1). 
(2) USE OF GRANTS.—A recipient of a grant 
under paragraph (1) shall use the grant solely for 
the purpose of carrying out the strategic plan sub-
mitted by the recipient under subsection (a)(2). 
(3) AMOUNT OF GRANTS.—The amount award-
ed under this subsection with respect to a designated 
air and health quality empowerment zone shall be 
determined by the Administrator based upon a re-
view of— 
(A) the information contained in the appli-
cation for the zone under subsection (a)(2); and 
(B) the needs set forth in the application 
for those anticipated to benefit from the stra-
tegic plan submitted for the zone. 
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(4) TIMING OF GRANTS.—To the extent and in 
the amount of appropriations made available in ad-
vance, the Administrator shall— 
(A) award a grant under this subsection 
with respect to each air and health quality em-
powerment zone on the date of designation of 
the zone under subsection (a)(1); and 
(B) make the grant funds available to the 
grantee on the first day of the first fiscal year 
that begins after the date of such designation. 
(5) AUTHORIZATION OF APPROPRIATIONS.—To 
carry out this subsection, there is authorized to be 
appropriated $20,000,000 for each of fiscal years 
2013 through 2017. 
(c) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) PM2.5.—The term ‘‘PM2.5’’ means particu-
late matter with a diameter that does not exceed 2.5 
micrometers. 
SEC. 3. REPORT TO CONGRESS. 
Not later than 5 years after the date of the enact-
ment of this Act, the Administrator of the Environmental 
Protection Agency— 
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(1) shall submit a report to the Congress on the 
impact of this Act; and 
(2) may include in such report a description of 
the impact of this Act in regard to— 
(A) the reduction of particulate matter and 
nitrogen oxides emissions; 
(B) the reduction of asthma rates and 
other health indicators; and 
(C) economic indicators. 
Æ 
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