GRANTS FOR SUPPORT OF AIR POLLUTION PLANNING AND CONTROL PROGRAMS.

SEC. 802. GRANTS FOR SUPPORT OF AIR POLLUTION PLANNING AND CONTROL PROGRAMS. (a) Grants.— Subparagraphs (A) and (B) of section 105(a)(1) of the Clean Air Act are amended to read as follows: “(A) The Administrator may make grants to air pollution control agencies, within the meaning of paragraph (1), (2), (3), (4), or (5) of section 302, in an amount up to three-fifths of the cost of implementing programs for the prevention and control of air pollution or implementation of national primary and secondary ambient air quality standards. For the purpose of this section, ‘implementing’ means any activity related to the planning, developing, establishing, carrying-out, improving, or maintaining of such programs. “(B) Subject to subsections (b) and (c) of this section, an air pollution control agency which receives a grant under subparagraph (A) and which contributes less than the required two-fifths minimum shall have 3 years following the date of the enactment of the Clean Air Act Amendments of 1990 in which to contribute such amount. If such an agency fails to meet and maintain this required 104 STAT. 2688level, the Administrator shall reduce the amount of the Federal contribution accordingly.”. (b) Conforming Amendment.— Section 105(a)(1)(C) of the Clean Air Act is amended by striking “(B)” and inserting “(A)”. (c) Limitation on Grants.— Section 105(b) of the Clean Air Act is amended by— (1) inserting “(1)” immediately after “(b)” (2) striking all that follows “(3) the financial need of the respective agencies.”; and (3) redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C) respectively. (d) Limitation.— Section 105 of the Clean Air Act is amended by redesignating subsection (c) as paragraph (2) of subsection (b) and by striking all that follows “into which such area extends.” in the newly designated paragraph (2) and inserting “Subject to the provisions of paragraph (1) of this subsection, no State shall have made available to it for application less than one-half of 1 per centum of the annual appropriation for grants under this section for grants to agencies within such State.”. (e) Maintenance of Effort.— Section 105 of the Clean Air Act is amended by inserting the following new subsection after subsection (b): “(c) Maintenance of Effort.— (1) No agency shall receive any grant under this section during any fiscal year when its expenditures of non-Federal funds for recurrent expenditures for air pollution control programs will be less than its expenditures were for such programs during the preceding fiscal year. In order for the Administrator to award grants under this section in a timely manner each fiscal year, the Administrator shall compare an agency’s prospective expenditure level to that of its second preceding fiscal year. The Administrator shall revise the current regulations which define applicable nonrecurrent and recurrent expenditures, and in so doing, give due consideration to exempting an agency from the limitations of this paragraph and subsection (a) due to periodic increases experienced by that agency from time to time in its annual expenditures for purposes acceptable to the Administrator for that fiscal year. “(2) The Administrator may still award a grant to an agency not meeting the requirements of paragraph (1) of this subsection if the Administrator, after notice and opportunity for public hearing, determines that a reduction in expenditures is attributable to a non-selective reduction in the expenditures in the programs of all Executive branch agencies of the applicable unit of Government. No agency shall receive any grant under this section with respect to the maintenance of a program for the prevention and control of air pollution unless the Administrator is satisfied that such a grant will be so used to supplement and, to the extent practicable, increase the level of State, local, or other non-Federal funds. No grants shall be made under this section until the Administrator has consulted with the appropriate official as designated by the Governor or Governors of the State or States affected.”. (f) Costs.— Section 106 of the Clean Air Act is amended by striking “three-fourths of the air quality planning program costs of such agency” and inserting “three-fifths of the air quality implementation program costs of such agency”.