To modify provisions relating to the congestion mitigation and air quality improvement program.

SA 681. Mrs. CLINTON submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

Beginning on page 267, strike line 18 and all that follows
through page 270, line 15 and insert the following:

SEC. 1612. ADDITION TO CMAQ-ELIGIBLE PROJECTS.

(a) Eligible Projects.--Section 149(b) of title 23, United
States Code, is amended--
(1) in paragraph (4), by striking ``or'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(6) if the project or program is for the purchase of
alternative fuel (as defined in section 301 of the Energy
Policy Act of 1992 (42 U.S.C. 13211)) or biodiesel;
``(7) if the project or program involves the purchase of
integrated, interoperable emergency communications equipment;
or
``(8) if the project or program is for--
``(A) diesel retrofit technologies contained in or related
to an emission reduction strategy developed by the State in
accordance with subsection (c); and
``(B) outreach activities that are designed to provide
information and technical assistance to the owners and
operators of diesel equipment and vehicles regarding the
emission reduction strategy.''.
(b) States Receiving Minimum Apportionment.--Section 149(c)
of title 23, United States Code, is amended--
(1) in paragraph (1), by striking ``for any project
eligible under the surface transportation program under
section 133.'' and inserting the following: ``for any project
in the State that--
``(A) would otherwise be eligible under this section as if
the project were carried out in a nonattainment or
maintenance area; or
``(B) is eligible under the surface transportation program
under section 133.''; and
(2) in paragraph (2), by striking ``for any project in the
State eligible under section 133.'' and inserting the
following: ``for any project in the State that--
``(A) would otherwise be eligible under this section as if
the project were carried out in a nonattainment or
maintenance area; or
``(B) is eligible under the surface transportation program
under section 133.''.
(c) Responsibility of States.--
(1) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(B) CMAQ resources.--The term ``CMAQ resources'' means
resources available to a State to carry out the congestion
mitigation and air quality improvement program under section
149 of title 23, United States Code.
(C) Diesel retrofit technology.--The term ``diesel retrofit
technology'' means a replacement, repowering, rebuilding,
aftertreatment or other technology, as determined by the
Administrator.
(2) Emission reduction strategies.--Each State shall
develop, implement, and periodically revise emission
reduction strategies comprised of any methods determined to
be appropriate by the State that are consistent with section
209 of the Clean Air Act (42 U.S.C. 7542) for engines and
vehicles that are--
(A) used in construction projects located in nonattainment
and maintenance areas (as those terms are defined in section
101 of the Clean Air Act (42 U.S.C. 7401)); and
(B) funded, in whole or in part, under title 23, United
States Code.
(3) State considerations.--In developing emission reduction
strategies, each State--
(A) may include any means to reduce emissions that are
determined to be appropriate by the State; but

[[Page S4983]]

(B) shall--
(i) consider guidance issued by the Administrator under
paragraph (5);
(ii) limit technologies to those identified by the
Administrator under paragraph (5);
(iii) provide contractors with guidance and technical
assistance regarding the implementation of emission reduction
strategies;
(iv) give special consideration to small businesses that
participate in projects funded under title 23, United States
Code;
(v) place priority on the use of--

(I) diesel retrofit technologies and activities;
(II) cost-effective strategies;
(III) financial incentives using CMAQ resources and State
resources; and
(IV) strategies that maximize health benefits; and

(vi) not include any activities prohibited by paragraph
(4).
(4) State limitations.--Emission reduction strategies may
not--
(A) authorize or recommend the use of bans on equipment or
vehicle use during specified periods of a day;
(B) authorize or recommend the use of contract procedures
that would require retrofit activities, unless funds are made
available by the State under this section or other State
authority to offset the cost of those activities; or
(C) authorize the use of contract procedures that would
discriminate between bidders on the basis of the bidder's
existing equipment or existing vehicle emission technology.
(5) Emission reduction strategy guidance.--The
Administrator, in consultation with the Secretary, shall
publish a nonbinding list of emission reduction strategies
and supporting technical information for--
(A) diesel emission reduction technologies certified or
verified by the Administrator, the California Air Resources
Board, or any other entity recognized by the Administrator
for the same purpose;
(B) diesel emission reduction technologies identified by
the Administrator as having an application and approvable
test plan for verification by the Administrator or the
California Air Resources board that is submitted not later
that 18 months of the date of enactment of this Act;
(C) available information regarding the emission reduction
effectiveness and cost effectiveness of technologies
identified in this paragraph, taking into consideration
health effects;
(D) options and recommendations for the structure and
content of emission reduction strategies including--
(i) emission reduction performance criteria;
(ii) financial incentives that use CMAQ resources and State
resources;
(iii) procedures to facilitate access by contractors to
financial incentives;
(iv) contract incentives, allowances, and procedures;
(v) methods of voluntary emission reductions; and
(vi) other means that may be employed to reduce emissions
from construction activities; and
(6) Use of cmaq funds.--A State may use funds made
available under this title and title 23, United States Code,
for the congestion mitigation and air quality program under
section 149 of title 23, United States Code, to ensure the
deployment of the projects or programs described in section
149(b)(8) of title 23, United States Code.
(7) Limitation.--States shall give priority in distributing
funds received for congestion mitigation and air quality
projects and programs to finance diesel retrofit and cost-
effective emission reduction activities identified by the
States in emission reduction strategies developed under this
subsection.
(8) No effect on authority or restrictions.--Nothing in
this subsection modifies any authority or restriction
established under the clean Air Act (42 U.S.c. 7401 et seq.).
______