Title: Congestion Mitigation and Air Quality Improvement Modernization Act
Policy area: Transportation and Public Works

Summary:
Congestion Mitigation and Air Quality Improvement Modernization Act
This bill revises the apportionment formula used to distribute funds under the federal-aid highway system for the congestion mitigation and air quality improvement program to include population data and recent Environmental Protection Agency (EPA) air pollution data for ozone and fine particulate matter.
The bill also provides a state flexibility to use apportioned funds if such state does not have, and never has had, a nonattainment area designation under the Clean Air Act. (A nonattainment area is one that does not meet the national primary or secondary ambient air quality standards established by the EPA.)

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6842 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6842

  To amend title 23, United States Code, to modify the apportionment 
   formula for the congestion mitigation and air quality improvement 
                    program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2020

  Ms. Titus introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To amend title 23, United States Code, to modify the apportionment 
   formula for the congestion mitigation and air quality improvement 
                    program, 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 ``Congestion Mitigation and Air 
Quality Improvement Modernization Act''.

SEC. 2. APPORTIONMENT.

    Section 104(b)(4) of title 23, United States Code, is amended to 
read as follows:
            ``(4) Congestion mitigation and air quality improvement 
        program.--
                    ``(A) Calculation.--For the congestion mitigation 
                and air quality improvement program, an amount 
                determined by multiplying the amount of the base 
                apportionment remaining for the State under subsection 
                (c) after making the set aside in accordance with 
                paragraph (5) by the proportion that--
                            ``(i) the total of all weighted county 
                        populations with monitored pollutant 
                        concentrations above national ambient air 
                        quality standards in the State; bears to
                            ``(ii) the total of all weighted county 
                        populations with monitored pollutant 
                        concentrations above national ambient air 
                        quality standards in all States.
                    ``(B) Calculation of weighted populations with 
                monitored pollution concentrations above national 
                ambient air quality standards.--Subject to 
                subparagraphs (C), (D), and (E), for the purpose of 
                subparagraph (A), the weighted population in counties 
                with pollution concentrations above national ambient 
                air quality standards shall be calculated by 
                multiplying the population of each county by a factor 
                determined from the ratio of design values to national 
                ambient air quality standards.
                    ``(C) Design values of ozone.--
                            ``(i) In general.--In making the 
                        calculation under subparagraph (B), for 
                        counties with design values of ozone greater 
                        than the national ambient air quality standard, 
                        the population of a monitored county is 
                        multiplied by a factor of--
                                    ``(I) the average of 2013-2015 and 
                                2016-2018 design values, provided by 
                                the Environmental Protection Agency 
                                Administrator; bears to
                                    ``(II) the primary national ambient 
                                air quality standard for ozone 
                                established by the Administrator under 
                                109(b) of the Clean Air Act (42 U.S.C. 
                                7409(b)).
                            ``(ii) Special rule.--If the average of 
                        design values from 2013-2015 and 2016-2018 is 
                        not greater than the primary national ambient 
                        air quality standard for ozone, a weighting 
                        factor of zero is applied.
                            ``(iii) Maximum factor.--Notwithstanding 
                        clauses (i) and (ii), the maximum factor to be 
                        applied for ozone shall not exceed 1.4.
                    ``(D) Design values of fine particulate matter.--
                            ``(i) In general.--For counties with design 
                        values of fine particulate matter greater than 
                        the national ambient air quality standards, the 
                        population of a monitored county is multiplied 
                        by the greater factor of--
                                    ``(I) the average of the 2013-2015 
                                and 2016-2018 design values for annual 
                                concentrations of fine particulate 
                                matter, provided by the Environmental 
                                Protection Agency Administrator; bears 
                                to
                                    ``(II) the primary national ambient 
                                air quality standard for fine 
                                particulate matter for annual 
                                concentrations established by the 
                                Administrator under 109(b) of the Clean 
                                Air Act (42 U.S.C. 7409(b)); or
                                    ``(III) the average of the 2013-
                                2015 and 2016-2018 design values for 
                                24-hour averaging time of fine 
                                particulate matter, provided by the 
                                Environmental Protection Agency 
                                Administrator; bears to
                                    ``(IV) the primary national ambient 
                                air quality standard for fine 
                                particulate matter for 24-hour 
                                averaging time established by the 
                                Administrator under 109(b) of the Clean 
                                Air Act (42 U.S.C. 7409(b)).
                            ``(ii) Special rule.--If the average of 
                        design values from 2013-2015 and 2016-2018 are 
                        not greater than the primary national ambient 
                        air quality standards for particulate matter, a 
                        weighting factor of zero is applied.
                            ``(iii) Maximum factor.--Notwithstanding 
                        clause (i), the maximum factor to be applied 
                        for fine particulate matter shall not exceed 
                        1.4.
                    ``(E) Design values of both ozone and particulate 
                matter.--Notwithstanding subparagraphs (B) through (D), 
                for counties with design values greater than the 
                national ambient air quality standards for both ozone 
                and particulate matter, a new factor, determined by 
                multiplying the factors determined in subparagraphs (C) 
                and (D), is applied to county populations in place of 
                the individual factors determined in subparagraphs (C) 
                and (D).
                    ``(F) Minimum apportionment.--Notwithstanding any 
                other provision of this paragraph, the minimum 
                apportionment for a State under this paragraph shall be 
                one half of 1 percent of the funds apportioned under 
                this paragraph.
                    ``(G) Maximum apportionment.--Notwithstanding any 
                other provision of this paragraph, the maximum 
                apportionment for a State under this paragraph shall be 
                25 percent of the funds apportioned under this 
                paragraph.
                    ``(H) Determinations of population.--In determining 
                county population for purposes of this paragraph, the 
                Secretary shall use the latest available annual 
                estimates prepared by the Secretary of Commerce.''.

SEC. 3. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.

    Section 149 of title 23, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by striking ``, carbon monoxide,'';
                    (B) by striking ``186(a),'';
                    (C) by striking ``7512(a),'';
                    (D) in paragraph (8)(B) by striking ``; or'' and 
                inserting a semicolon;
                    (E) in paragraph (9) by striking the period at the 
                end and inserting ``; or''; and
                    (F) by adding at the end the following:
            ``(10) other projects, if determined by the Secretary, to 
        be more cost-effective than projects described in paragraphs 
        (1) through (9).'';
            (2) in subsection (c) by striking ``carbon monoxide, or 
        both, and for''; and
            (3) by amending subsection (d) to read as follows:
    ``(d) States Flexibility.--If a State does not have, and never has 
had, a nonattainment area designated under the Clean Air Act (42 U.S.C. 
7401 et seq.), the State may use funds apportioned to the State under 
section 104(b)(4) for any project in the State that--
            ``(1) would otherwise be eligible under subsection (b) as 
        if the project were carried out in a nonattainment or 
        maintenance area; or
            ``(2) is eligible under the surface transportation block 
        grant program under section 133.''.
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