S. 5145

119 S5145 IS: Wildfire Air Quality Sensor Expansion Act of 2026
 U.S. Senate
 2026-07-28
 text/xml
 EN
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 II  119th CONGRESS  2d Session  S. 5145  IN THE SENATE OF THE UNITED STATES   July 28, 2026   Ms. Rosen  (for herself,  Mr. Bennet ,  Ms. Klobuchar , and  Mr. Merkley ) introduced the following bill; which was read twice and referred to the  Committee on Environment and Public Works    A BILL
To clarify the use of certain existing grants under the Clean Air Act to purchase air sensors, and for other purposes.
1.
Short title
This Act may be cited as the   Wildfire Air Quality Sensor Expansion Act of 2026  .
2.
Findings
Congress finds that—
(1)
wildfire smoke contains air pollutants that have been associated with a range of negative health outcomes, from upper respiratory tract irritation to the exacerbation of cardiac, respiratory, and other chronic conditions;
(2)
the negative health outcomes described in paragraph (1) can—
(A)
lead to increased morbidity and mortality; and
(B)
present an additional economic burden for affected populations;
(3)
standard public health strategies for mitigating negative health outcomes from wildfire smoke largely focus on risk assessment and communication that is informed by available air quality data;
(4)
wildfires tend to occur in rural areas where—
(A)
air quality monitoring may be absent or scarce; and
(B)
access to the internet and traditional media may be limited, which curtails the reach of risk communication and educational outreach;
(5)
given the limitations described in paragraph (4) and other possible limitations, there is a critical need to understand how rural communities can increase wildfire smoke risk mitigation as wildfire activity continues to grow, particularly in the western United States; and
(6)
air sensors are—
(A)
an important tool in providing relatively quick or instant concentrations of air pollutants for air quality monitoring purposes; and
(B)
often lower in cost, more portable, and generally easier to operate than air monitors.
3.
Definitions
In this Act:
(1)
Administrator
The term  Administrator  means the Administrator of the Environmental Protection Agency.
(2)
Air monitor
The term  air monitor  has the meaning given the term  monitor  in section 58.1 of title 40, Code of Federal Regulations (as in existence on the date of enactment of this Act).
(3)
Air pollution control agency
The term  air pollution control agency  has the meaning given the term in section 302 of the Clean Air Act ( 42 U.S.C. 7602 ).
(4)
Air sensor
The term  air sensor  means a non-regulatory device that—
(A)
is not a monitor (as defined in section 58.1 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)); and
(B)
uses 1 or more sensing elements to measure the concentration of—
(i)
particulate matter with a diameter of 2.5 micrometers or less (commonly referred to as  PM2.5 );
(ii)
ground-level ozone; or
(iii)
other smoke pollutants originating from wildfire burning natural or human-made fuel sources.
(5)
Indian tribe
The term  Indian tribe  has the meaning given the term in section 302 of the Clean Air Act ( 42 U.S.C. 7602 ).
(6)
Wildfire
The term  wildfire  has the meaning given the term in section 50.1 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act).
4.
Clarification on the use of existing funding for air sensors
An air pollution control agency that receives a grant under section 103 or 105 of the Clean Air Act ( 42 U.S.C. 7403 , 7405) may use those grant funds to purchase and operate portable air sensors and related equipment necessary for the placement and operation of those air sensors.
5.
Air sensor grant and loan programs
(a)
Portable air sensor grants
(1)
In general
Subject to the availability of appropriations, the Administrator shall, on a competitive basis, award grants to air pollution control agencies to purchase and operate portable air sensors and related equipment necessary for the placement and operation of those air sensors.
(2)
Requirement
An air pollution control agency that receives a grant under paragraph (1) shall coordinate with the Administrator with respect to—
(A)
the sharing of data from portable air sensors purchased or operated using grant funds; and
(B)
the adjustment of data from portable air sensors described in subparagraph (A) for use in publicly available mapping of air quality, including those operated by the Administrator, such as the AirNow Fire and Smoke Map tool.
(3)
Prioritization
In selecting recipients of grants under paragraph (1), the Administrator shall give priority to air pollution control agencies that would use grant funds to purchase and operate portable air sensors in—
(A)
remote or rural locations that lack air monitors and air sensors;
(B)
areas in which air quality monitoring or air quality data is absent or scarce; or
(C)
communities that are affected, or are expected to be affected, by wildfire and wildfire smoke during the fiscal year within which the grant is made.
(4)
Air monitors
Portable air sensors purchased and operated using grants under paragraph (1) shall complement, but not replace, air monitors that are otherwise eligible to be purchased or operated using grants awarded under sections 103 and 105 of the Clean Air Act ( 42 U.S.C. 7403 , 7405).
(5)
Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2027 through 2032.
(b)
Air sensor loan programs
(1)
In general
The Administrator shall expand the existing air sensor loan programs of the Environmental Protection Agency, including the regional air sensor loan programs and the Wildfire Smoke Air Monitoring Response Technology program, into regions, States, and land under the jurisdiction of Indian tribes that do not currently participate in those programs, with a focus on providing funding under those programs for portable air sensors in areas that are most severely impacted by wildfires and wildfire smoke.
(2)
Authorization of appropriations
There are authorized to be appropriated to the Administrator to carry out this subsection such sums as are necessary for each of fiscal years 2027 through 2032.
6.
Access to technical assistance
(a)
In general
Subject to the availability of appropriations, the Administrator shall provide technical assistance for the purchase and operation of portable air sensors and related equipment necessary for the placement and operation of those portable air sensors to recipients of assistance under the programs described in section 5 and the grant programs under sections 103 and 105 of the Clean Air Act ( 42 U.S.C. 7403 , 7405).
(b)
Technical assistance described
Technical assistance provided pursuant to subsection (a) shall include assistance with respect to—
(1)
air sensor placement;
(2)
air sensor type selection;
(3)
air sensor maintenance and care;
(4)
maintenance and care of equipment necessary for air sensor operation;
(5)
air sensor data management; and
(6)
quality assurance project plan development.
(c)
Prioritization
In selecting recipients of technical assistance provided pursuant to subsection (a), the Administrator shall give priority to recipients of assistance for the purchase of air sensors—
(1)
in remote or rural locations that lack air monitors and air sensors;
(2)
in areas in which air quality monitoring or air quality data is absent or scarce; or
(3)
that serve communities that are affected, or are expected to be affected, by wildfire and wildfire smoke during the fiscal year in which the assistance for the purchase of air sensors is provided.
(d)
Authorization of appropriations
There are authorized to be appropriated to the Administrator to carry out this section such sums as are necessary for each of fiscal years 2027 through 2032.
7.
Quality assurance project plan templates for air sensor programs
Not later than 180 days after the date of enactment of this Act, the Administrator shall develop, in consultation with the regional offices of the Environmental Protection Agency and relevant stakeholders, and make publicly available quality assurance project plan templates for the programs of the Administrator described in section 5 that—
(1)
are nationally consistent; and
(2)
meet the requirements of section 1500.12 of title 2, Code of Federal Regulations (as in effect on the date of enactment of this Act).