Climate Smart Ports Act

I 117TH CONGRESS 1ST SESSION H. R. 501 To direct the Administrator of the Environmental Protection Agency to estab- lish a program to award grants to eligible entities to purchase, and as applicable install, zero emissions port equipment and technology, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 28, 2021 Ms. BARRAGA´N (for herself, Mr. KHANNA, Mr. RASKIN, Mr. SMITH of Wash- ington, Ms. VELA´ZQUEZ, Ms. BONAMICI, Ms. NORTON, Mr. HASTINGS, Ms. CLARKE of New York, Ms. LEE of California, Ms. MATSUI, Mr. NAD- LER, Mr. LARSEN of Washington, Ms. TLAIB, Mr. LOWENTHAL, Ms. PIN- GREE, Mr. CA´RDENAS, Mr. GARCI´A of Illinois, Mr. MCNERNEY, Ms. SCHAKOWSKY, Ms. JAYAPAL, Ms. OCASIO-CORTEZ, Mr. CASE, Mr. JONES, Ms. DELBENE, and Mr. BOWMAN) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Administrator of the Environmental Protection Agency to establish a program to award grants to eligible entities to purchase, and as applicable install, zero emis- sions port equipment and technology, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 20:46 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 501 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Climate Smart Ports 2 Act’’. 3 SEC. 2. CLIMATE SMART PORTS GRANT PROGRAM. 4 (a) ESTABLISHMENT.—Not later than 6 months after 5 the date of enactment of this section, the Administrator 6 shall establish a program to award grants to eligible enti- 7 ties to purchase, and as applicable install, zero emissions 8 port equipment and technology. 9 (b) USE OF GRANTS.— 10 (1) IN GENERAL.—An eligible entity may use a 11 grant awarded under this section to purchase, and 12 as applicable install, zero emissions port equipment 13 and technology. 14 (2) PROHIBITED USE.— 15 (A) IN GENERAL.—An eligible entity may 16 not use a grant awarded under this section to 17 purchase or install fully automated cargo han- 18 dling equipment or terminal infrastructure that 19 is designed for fully automated cargo handling 20 equipment. 21 (B) HUMAN-OPERATED ZERO EMISSIONS 22 PORT EQUIPMENT AND TECHNOLOGY.—Nothing 23 in subparagraph (A) prohibits an eligible entity 24 from using a grant awarded under this section 25 to purchase human-operated zero emissions 26 VerDate Sep 11 2014 20:46 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 501 IH port equipment and technology or infrastruc- 1 ture that supports such human-operated zero 2 emissions port equipment and technology. 3 (3) COST SHARE.— 4 (A) IN GENERAL.—Except as provided in 5 subparagraph (B), an eligible entity may not 6 use a grant awarded under this section to cover 7 more than 70 percent of the cost of purchasing, 8 and as applicable installing, zero emissions port 9 equipment and technology. 10 (B) CERTAIN GRANTS.—With respect to a 11 grant in an amount equal to or greater than 12 $3,000,000, an eligible entity may use such 13 grant to cover not more than 85 percent of the 14 cost of purchasing and installing zero emissions 15 port equipment and technology if such eligible 16 entity certifies to the Administrator that— 17 (i) such grant will be used, at least in 18 part, to employ laborers or mechanics to 19 install zero emissions port equipment and 20 technology; and 21 (ii) such eligible entity is a party to a 22 project labor agreement or requires that 23 each subgrantee of such eligible entity, and 24 any subgrantee thereof at any tier, that 25 VerDate Sep 11 2014 20:46 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 501 IH performs such installation participate in a 1 project labor agreement. 2 (4) PROJECT LABOR.—An eligible entity that 3 uses a grant awarded under this section to install 4 zero emissions port equipment and technology shall 5 ensure, to the greatest extent practicable, that any 6 subgrantee of such eligible entity, and any sub- 7 grantee thereof, that carries out such installation 8 employs at least 40 percent of the laborers or me- 9 chanics for such installation individuals who— 10 (A) are domiciled— 11 (i) if the applicable installation area is 12 a major urban area, not further than 15 13 miles from such installation area; and 14 (ii) if the applicable installation area 15 is not a major urban area, not further 16 than 50 miles from such installation area; 17 (B) are displaced and unemployed energy 18 workers; 19 (C) are members of the Armed Forces 20 serving on active duty, separated from active 21 duty, or retired from active duty; 22 (D) have been incarcerated or served time 23 in a juvenile or adult detention or correctional 24 VerDate Sep 11 2014 20:46 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 501 IH facility, or been placed on probation, community 1 supervision, or in a diversion scheme; 2 (E) have a disability; 3 (F) are homeless; 4 (G) are receiving public assistance; 5 (H) lack a general education diploma or 6 high school diploma; 7 (I) are emancipated from the foster care 8 system; or 9 (J) are registered apprentices with fewer 10 than 15 percent of the required graduating ap- 11 prentice hours in a program. 12 (c) WAGES.— 13 (1) IN GENERAL.—All laborers and mechanics 14 employed by a subgrantee of an eligible entity, and 15 any subgrantee thereof at any tier, to perform con- 16 struction, alteration, installation, or repair work that 17 is assisted, in whole or in part, by a grant awarded 18 under this section shall be paid wages at rates not 19 less than those prevailing on similar construction, al- 20 teration, installation, or repair work in the locality 21 as determined by the Secretary of Labor in accord- 22 ance with subchapter IV of chapter 31 of title 40, 23 United States Code. 24 VerDate Sep 11 2014 20:46 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 501 IH (2) LABOR STANDARDS.—With respect to the 1 labor standards in this subsection, the Secretary of 2 Labor shall have the authority and functions set 3 forth in Reorganization Plan Numbered 14 of 1950 4 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 5 title 40, United States Code. 6 (d) APPLICATION.— 7 (1) IN GENERAL.—To be eligible to be awarded 8 a grant under this section, an eligible entity shall 9 submit to the Administrator an application at such 10 time, in such manner, and containing such informa- 11 tion as the Administrator may require. 12 (2) PRIORITY.—The Administrator shall 13 prioritize awarding grants under this section to eligi- 14 ble entities based on the following: 15 (A) The degree to which the proposed use 16 of the grant will— 17 (i) reduce greenhouse gas emissions; 18 (ii) reduce emissions of any criteria 19 pollutant and precursor thereof; 20 (iii) reduce hazardous air pollutant 21 emissions; and 22 (iv) reduce public health disparities in 23 communities that receive a dispropor- 24 VerDate Sep 11 2014 20:46 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 501 IH tionate quantity of air pollution from a 1 port. 2 (B) The amount of matching, non-Federal 3 funds expected to be used by an applicant to 4 purchase, and as applicable install, zero emis- 5 sions port equipment and technology. 6 (C) Whether the applicant will use such 7 grant to purchase, and as applicable install, 8 zero emissions port equipment and technology 9 that is produced in the United States. 10 (D) As applicable, whether the applicant 11 will meet the utilization requirements for reg- 12 istered apprentices established by the Secretary 13 of Labor or a State Apprenticeship Agency. 14 (E) As applicable, whether the applicant 15 will recruit and retain skilled workers through 16 a State-approved joint labor management ap- 17 prenticeship program. 18 (e) OUTREACH.— 19 (1) IN GENERAL.—Not later than 90 days after 20 funds are made available to carry out this section, 21 the Administrator shall develop and carry out an 22 educational outreach program to promote and ex- 23 plain the grant program established under sub- 24 section (a) to prospective grant recipients. 25 VerDate Sep 11 2014 20:46 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 501 IH (2) PROGRAM COMPONENTS.—In carrying out 1 the outreach program developed under paragraph 2 (1), the Administrator shall— 3 (A) inform prospective grant recipients 4 how to apply for a grant awarded under this 5 section; 6 (B) describe to prospective grant recipients 7 the benefits of available zero emissions port 8 equipment and technology; 9 (C) explain to prospective grant recipients 10 the benefits of participating in the grant pro- 11 gram established under this section; and 12 (D) facilitate the sharing of best practices 13 and lessons learned between grant recipients 14 and prospective grant recipients with respect to 15 how to apply for and use grants awarded under 16 this section. 17 (f) REPORTS.— 18 (1) REPORT TO ADMINISTRATOR.—Not later 19 than 90 days after the date on which an eligible en- 20 tity uses a grant awarded under this section, such 21 eligible entity shall submit to the Administrator a re- 22 port containing such information as the Adminis- 23 trator shall require. 24 VerDate Sep 11 2014 20:46 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 501 IH (2) ANNUAL REPORT TO CONGRESS.—Not later 1 than January 31, 2022, and annually thereafter, the 2 Administrator shall submit to Congress and make 3 available on the website of the Environmental Pro- 4 tection Agency a report that includes, with respect 5 to each grant awarded under this section during the 6 preceding calendar year— 7 (A) the name and location of the eligible 8 entity that was awarded such grant; 9 (B) the amount of such grant that the eli- 10 gible entity was awarded; 11 (C) the name and location of the port 12 where the zero emissions port equipment and 13 technology that was purchased, and as applica- 14 ble installed, with such grant is used; 15 (D) an estimate of the impact of such zero 16 emissions port equipment and technology on re- 17 ducing— 18 (i) greenhouse gas emissions; 19 (ii) emissions of criteria pollutants 20 and precursors thereof; 21 (iii) hazardous air pollutant emissions; 22 and 23 (iv) public health disparities; and 24 VerDate Sep 11 2014 20:46 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 501 IH (E) any other information the Adminis- 1 trator determines necessary to understand the 2 impact of grants awarded under this section. 3 (g) AUTHORIZATION OF APPROPRIATIONS.— 4 (1) IN GENERAL.—There is authorized to be 5 appropriated to carry out this section 6 $1,000,000,000 for each of fiscal years 2022 7 through 2031. 8 (2) NONATTAINMENT AREAS.—To the extent 9 practicable, at least 25 percent of amounts made 10 available to carry out this section in each fiscal year 11 shall be used to award grants to eligible entities to 12 provide zero emissions port equipment and tech- 13 nology to ports that are in nonattainment areas. 14 (h) DEFINITIONS.—In this section: 15 (1) ACTIVE DUTY.— The term ‘‘active duty’’ 16 has the meaning given such term in section 101 of 17 title 10, United States Code. 18 (2) ADMINISTRATOR.—The term ‘‘Adminis- 19 trator’’ means the Administrator of the Environ- 20 mental Protection Agency. 21 (3) ALTERNATIVE EMISSIONS CONTROL TECH- 22 NOLOGY.—The term ‘‘alternative emissions control 23 technology’’ means a technology, technique, or meas- 24 ure that— 25 VerDate Sep 11 2014 20:46 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 501 IH (A) captures the emissions of nitrogen 1 oxide, particulate matter, reactive organic com- 2 pounds, and greenhouse gases from the auxil- 3 iary engine and auxiliary boiler of an ocean- 4 going vessel at berth; 5 (B) is verified or approved by a State or 6 Federal air quality regulatory agency; 7 (C) the use of which achieves at least the 8 equivalent reduction of emissions as the use of 9 shore power for an ocean-going vessel at berth; 10 (D) the use of which results in reducing 11 emissions of the auxiliary engine of an ocean- 12 going vessel at berth to a rate of less than— 13 (i) 2.8 g/kW-hr for nitrogen oxide; 14 (ii) 0.03 g/kW-hr for particulate mat- 15 ter 2.5; and 16 (iii) 0.1 g/kW-hr for reactive organic 17 compounds; and 18 (E) reduces the emissions of the auxiliary 19 engine and boiler of an ocean-going vessel at 20 berth by at least 80 percent of the default emis- 21 sions rate, which is 13.8 g. 22 (4) CRITERIA POLLUTANT.—The term ‘‘criteria 23 pollutant’’ means each of the following: 24 (A) Ground-level ozone. 25 VerDate Sep 11 2014 20:46 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 501 IH (B) Particulate matter. 1 (C) Carbon monoxide. 2 (D) Lead. 3 (E) Sulfur dioxide. 4 (F) Nitrogen dioxide. 5 (5) DISTRIBUTED ENERGY RESOURCE.— 6 (A) IN GENERAL.—The term ‘‘distributed 7 energy resource’’ means an energy resource 8 that— 9 (i) is located on or near a customer 10 site; 11 (ii) is operated on the customer side 12 of the electric meter; and 13 (iii) is interconnected with the electric 14 grid. 15 (B) INCLUSIONS.—The term ‘‘distributed 16 energy resource’’ includes— 17 (i) clean electric generation; 18 (ii) customer electric efficiency meas- 19 ures; 20 (iii) electric demand flexibility; and 21 (iv) energy storage. 22 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 23 ty’’ means— 24 (A) a port authority; 25 VerDate Sep 11 2014 20:46 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H501.IH H501 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 501 IH (B) a State, regional, local, or Tribal agen- 1 cy that has jurisdiction over a port authority or 2 a port; 3 (C) an air pollution control district or air 4 quality management district; or 5 (D) a private or nonprofit entity, applying 6 for a grant awarded under this section in col- 7 laboration with another entity described in sub- 8 paragraphs (A) throu [Text truncated for display. 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