This bill, called the FENCES Act, changes parts of the Clean Air Act about how pollution that comes from outside the country is treated. It adds the phrase "regardless of whether such emissions result from human activity" to the law that lets states show they meet air quality standards but for outside pollution. It lets a state show an area should not be labeled "nonattainment" if the area would meet a new or revised air quality standard but for emissions coming from outside the country (including emissions not caused by people).
The bill also creates a new section that can stop federal sanctions or fees for certain ozone and particulate matter nonattainment areas (Severe, Extreme, or Serious areas) if the state proves the problem was caused by one or more of these: (1) emissions coming from outside the nonattainment area, (2) an exceptional event, or (3) emissions from mobile sources that the state cannot control while the state is fully using the measures it can to limit those mobile-source emissions. The bill says this demonstration must be renewed at least every 5 years. It also says that stopping sanctions or fees does not remove a state's duty to work toward meeting air quality standards.
The bill was introduced in the Senate on February 11, 2026, and referred to the Senate Committee on Environment and Public Works.
No publicly available information on costs or budgetary effects is included in the bill text or metadata.
No publicly available information.
No publicly available information.