Congestion Mitigation and Air Quality Improvement Program

Congestion Mitigation and Air Quality Improvement Program
Current Law	Administration Proposal H.R. 2088 & S. 1072 as Modified SAFETEA of 2003	House H.R. 3 as Passed House TEA-LU	Senate H.R. 3 as Passed Senate SAFETEA of 2005
$8.1 Billion over 6 years.	Continues program over 6 years.	Continues program at $9.46 billion over 6 years.	Continues program at $10.81 billion over 5 years.
Formula: based on weighted non-attainment and maintenance area population.	Includes non-attainment and maintenance areas for fine particulate matter (PM-2.5) and for ozone under the new 8-hour standard. Allows additional funding for CO pollution only for counties that are part of a CO maintenance or non-attainment area.	No comparable provision	Same as Administration bill. [1611]
No comparable provision	No comparable provision	No comparable provision	Adds a $4,693,145 takedown from the CMAQ program for each of FYs 2005-2009 for the New Strategic Highway Research Program. [2001(c)(5)(E)]
		Section 1205
No comparable provision	No comparable provision	Mandates that a minimum of $500 million of NHS, STP, IM, and CMAQ funds for each of FYs 2004-2009 be used for intelligent transportation systems deployment projects, but does not change CMAQ eligibility criteria.	No comparable provision
Eligible activities include transit improvements, travel demand management strategies, traffic flow improvements, transportation control measures, and bicycle and pedestrian projects.	Emphasis added to promote anti-idling equipment and heavy-duty vehicle diesel retrofits, and for projects that improve transportation system management and operations.	Emphasis added to promote projects that improve transportation system management and operations. [1210]	New eligibilities include projects for the purchase of: alternative fuels or biodiesel; or integrated, interoperable emergency communications equipment. Includes projects that improve transportation system management and operations in list of eligible activities. Expands eligible areas of the State to include areas required to prepare, and file with the Administrator of the Environmental Protection Agency, maintenance plans under the Clean Air Act (42 U.S.C. 7401 et seq.)[1612(a), 1701(b)]
			Expands eligible activities to include diesel retrofit technologies for motor vehicles and for non-road vehicles used in construction projects located in non-attainment or maintenance areas, and outreach activities providing assistance to diesel vehicle and equipment operators regarding emission reduction strategies.
			Requires each State to develop, implement and periodically revise emission reduction strategies for engines and vehicles used in construction projects located in non-attainment areas and receiving Title 23 funds. Requires the Administrator of the EPA to develop a non-binding list of diesel emission reduction technologies. State emission reduction strategies must be limited to those identified by the Administrator. Special eligibilities added for States of Maine and Montana.
			Section 1612(b)
No comparable provision	No comparable provision	No comparable provision	Clarifies eligibilities of States having no nonattainment or maintenance areas to use CMAQ funds for CMAQ-eligible projects.
			Section 1612(c)
No comparable provision	No comparable provision	No comparable provision	Requires each State to ensure that subrecipients of CMAQ funds have emission reduction strategies for their fleets. Requires the Administrator of the EPA in consultation with the Secretary to develop a non-binding list of strategies, along with technical information for each.
No comparable provision	No comparable provision	No comparable provision	Makes CMAQ funds eligible to ensure the deployment of emission reduction strategies.
			Section 1613
No comparable provision	No comparable provision	No comparable provision	Directs the Secretary to encourage States and MPOs to consult with State and local air quality agencies in nonattainment and maintenance areas on the estimated emission reductions from proposed congestion mitigation and air quality improvement programs and projects.
			Section 1614
No comparable provision	Requires the Secretary, in consultation with the EPA Administrator, to evaluate a representative sample of CMAQ projects to determine the impact of the projects on air quality and congestion, and to ensure the effective implementation of the program. Allows Secretary to use 0.5 % of CMAQ apportionments for a national program of evaluation and assessment.	No comparable provision	Same as Administration bill, but no funding provided.
		Section 1201
No comparable provision	No comparable provision	Requires each State having an urbanized area of over 200K population to obligate in each of FYs 2004-2009 a portion of their IM, NHS, STP, and CMAQ apportionments for congestion relief activities. Does not change CMAQ eligibility requirements.	No comparable provision

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