Climate Smart Ports Act of 2021

II 117TH CONGRESS 1ST SESSION S. 216 To direct the Administrator of the Environmental Protection Agency to estab- lish a grant program to award grants to eligible entities to purchase and install, as applicable, zero emissions port equipment and technology, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 3, 2021 Mr. MERKLEY (for himself, Ms. WARREN, Mrs. GILLIBRAND, Mr. WYDEN, Mrs. FEINSTEIN, and Mr. HEINRICH) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To direct the Administrator of the Environmental Protection Agency to establish a grant program to award grants to eligible entities to purchase and install, as applicable, zero emissions port equipment and technology, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Climate Smart Ports 4 Act of 2021’’. 5 VerDate Sep 11 2014 00:17 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S216.IS S216 kjohnson on DSK79L0C42PROD with BILLS 2 •S 216 IS SEC. 2. CLIMATE SMART PORTS GRANT PROGRAM. 1 (a) DEFINITIONS.—In this section: 2 (1) ACTIVE DUTY.—The term ‘‘active duty’’ has 3 the meaning given the term in section 101(d) of title 4 10, United States Code. 5 (2) ADMINISTRATOR.—The term ‘‘Adminis- 6 trator’’ means the Administrator of the Environ- 7 mental Protection Agency. 8 (3) ALTERNATIVE EMISSIONS CONTROL TECH- 9 NOLOGY.—The term ‘‘alternative emissions control 10 technology’’ means a technology, technique, or meas- 11 ure that— 12 (A) captures the emissions of nitrogen 13 oxide, particulate matter, reactive organic com- 14 pounds, and greenhouse gases from the auxil- 15 iary engine and auxiliary boiler of an ocean- 16 going vessel at berth; 17 (B) is verified or approved by a State or 18 Federal air quality regulatory agency; 19 (C) the use of which achieves at least the 20 equivalent reduction of emissions as the use of 21 shore power for an ocean-going vessel at berth; 22 (D) the use of which results in reducing 23 emissions of the auxiliary engine of an ocean- 24 going vessel at berth to a rate of less than— 25 VerDate Sep 11 2014 00:17 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S216.IS S216 kjohnson on DSK79L0C42PROD with BILLS 3 •S 216 IS (i) 2.8 grams per kilowatt-hour for ni- 1 trogen oxide; 2 (ii) 0.03 grams per kilowatt-hour for 3 fine particulate matter (PM2.5); and 4 (iii) 0.1 grams per kilowatt-hour for 5 reactive organic compounds; and 6 (E) reduces the emissions of the auxiliary 7 engine and boiler of an ocean-going vessel at 8 berth by at least 80 percent of the default emis- 9 sions rate, which is, as of the date of enactment 10 of this Act, 13.8 grams per kilowatt-hour. 11 (4) CRITERIA POLLUTANT.—The term ‘‘criteria 12 pollutant’’ means— 13 (A) ground-level ozone; 14 (B) particulate matter; 15 (C) carbon monoxide; 16 (D) lead; 17 (E) sulfur dioxide; and 18 (F) nitrogen dioxide. 19 (5) DISTRIBUTED ENERGY RESOURCE.— 20 (A) IN GENERAL.—The term ‘‘distributed 21 energy resource’’ means an energy resource 22 that— 23 (i) is located on or near a customer 24 site; 25 VerDate Sep 11 2014 00:17 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S216.IS S216 kjohnson on DSK79L0C42PROD with BILLS 4 •S 216 IS (ii) is operated on the customer side 1 of the electric meter; and 2 (iii) is interconnected with the electric 3 grid. 4 (B) INCLUSIONS.—The term ‘‘distributed 5 energy resource’’ includes— 6 (i) clean electric generation; 7 (ii) customer electric efficiency meas- 8 ures; 9 (iii) electric demand flexibility; and 10 (iv) energy storage. 11 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 12 ty’’ means— 13 (A) a port authority; 14 (B) a State, regional, local, or Tribal agen- 15 cy that has jurisdiction over a port authority or 16 a port; 17 (C) an air pollution control district or air 18 quality management district; and 19 (D) a private or nonprofit entity, applying 20 for a grant awarded under this section in col- 21 laboration with another entity described in sub- 22 paragraphs (A) through (C), that owns or uses 23 cargo or transportation equipment at a port. 24 VerDate Sep 11 2014 00:17 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S216.IS S216 kjohnson on DSK79L0C42PROD with BILLS 5 •S 216 IS (7) ENERGY STORAGE SYSTEM.—The term ‘‘en- 1 ergy storage system’’ means a system, piece of 2 equipment, facility, or technology that— 3 (A) is capable of absorbing energy, storing 4 energy for a period of time, and dispatching 5 that stored energy; and 6 (B) uses a mechanical, electrical, chemical, 7 electrochemical, or thermal process to store en- 8 ergy that— 9 (i) was generated at an earlier time 10 for use at a later time; or 11 (ii) was generated from a mechanical 12 process, and would otherwise be wasted, 13 for delivery at a later time. 14 (8) FULLY AUTOMATED CARGO HANDLING 15 EQUIPMENT.—The term ‘‘fully automated cargo 16 handling equipment’’ means cargo handling equip- 17 ment that— 18 (A) is remotely operated or remotely mon- 19 itored; and 20 (B) with respect to the use of that equip- 21 ment, does not require the exercise of human 22 intervention or control. 23 (9) MAJOR URBAN AREA.—The term ‘‘major 24 urban area’’ means a metropolitan statistical area 25 VerDate Sep 11 2014 00:17 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S216.IS S216 kjohnson on DSK79L0C42PROD with BILLS 6 •S 216 IS within the United States with an estimated popu- 1 lation of 1,500,000 or more. 2 (10) NONATTAINMENT AREA.—The term ‘‘non- 3 attainment area’’ has the meaning given the term in 4 section 171 of the Clean Air Act (42 U.S.C. 7501). 5 (11) PORT.—The term ‘‘port’’ includes a mari- 6 time port and an inland port. 7 (12) PORT AUTHORITY.—The term ‘‘port au- 8 thority’’ means a governmental or quasi-govern- 9 mental authority formed by a legislative body to op- 10 erate a port. 11 (13) PROJECT LABOR AGREEMENT.—The term 12 ‘‘project labor agreement’’ means a pre-hire collec- 13 tive bargaining agreement with 1 or more labor or- 14 ganization that— 15 (A) establishes the terms and conditions of 16 employment for a specific construction project; 17 and 18 (B) is described in section 8(f) of the Na- 19 tional Labor Relations Act (29 U.S.C. 158(f)). 20 (14) REGISTERED APPRENTICE.—The term 21 ‘‘registered apprentice’’ means a person who is par- 22 ticipating in a registered apprenticeship program. 23 (15) REGISTERED APPRENTICESHIP PRO- 24 GRAM.—The term ‘‘registered apprenticeship pro- 25 VerDate Sep 11 2014 00:17 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S216.IS S216 kjohnson on DSK79L0C42PROD with BILLS 7 •S 216 IS gram’’ means a program registered under the Act of 1 August 16, 1937 (commonly known as the ‘‘National 2 Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29 3 U.S.C. 50 et seq.). 4 (16) SHORE POWER.—The term ‘‘shore power’’ 5 means the provision of shoreside electrical power to 6 a ship at berth that has shut down main and auxil- 7 iary engines. 8 (17) STATE APPRENTICESHIP AGENCY.—The 9 term ‘‘State Apprenticeship Agency’’ has the mean- 10 ing given the term in section 29.2 of title 29, Code 11 of Federal Regulations (as in effect on January 1, 12 2020). 13 (18) ZERO EMISSIONS PORT EQUIPMENT AND 14 TECHNOLOGY.— 15 (A) IN GENERAL.—The term ‘‘zero emis- 16 sions port equipment and technology’’ means 17 equipment and technology that— 18 (i) is used at a port; and 19 (ii)(I) produces zero exhaust emissions 20 of— 21 (aa) any criteria pollutant and 22 precursor of a criteria pollutant; and 23 (bb) any greenhouse gas, other 24 than water vapor; or 25 VerDate Sep 11 2014 00:17 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S216.IS S216 kjohnson on DSK79L0C42PROD with BILLS 8 •S 216 IS (II) captures 100 percent of the ex- 1 haust emissions produced by an ocean- 2 going vessel at berth. 3 (B) INCLUSIONS.—The term ‘‘zero emis- 4 sions port equipment and technology’’ in- 5 cludes— 6 (i) any equipment that handles cargo; 7 (ii) a drayage truck that transports 8 cargo; 9 (iii) a train that transports cargo; 10 (iv) port harbor craft; 11 (v) a distributed energy resource; 12 (vi) an energy storage system; 13 (vii) electrical charging infrastructure; 14 (viii) shore power or an alternative 15 emissions control technology; and 16 (ix) an electric transport refrigeration 17 unit. 18 (b) ESTABLISHMENT.—Subject to the availability of 19 appropriations, not later than 180 days after the date of 20 enactment of this section, the Administrator shall estab- 21 lish a grant program to award grants to eligible entities 22 to purchase and install, as applicable, zero emissions port 23 equipment and technology. 24 (c) APPLICATION.— 25 VerDate Sep 11 2014 00:17 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S216.IS S216 kjohnson on DSK79L0C42PROD with BILLS 9 •S 216 IS (1) IN GENERAL.—To be eligible to receive a 1 grant under this section, an eligible entity shall sub- 2 mit to the Administrator an application at such 3 time, in such manner, and containing such informa- 4 tion as the Administrator may require. 5 (2) PRIORITY.—The Administrator shall 6 prioritize awarding grants under this section to eligi- 7 ble entities based on— 8 (A) the degree to which the proposed use 9 of the grant will— 10 (i) reduce greenhouse gas emissions; 11 (ii) reduce emissions of any criteria 12 pollutant and precursor of a criteria pollut- 13 ant; 14 (iii) reduce hazardous air pollutant 15 emissions; and 16 (iv) reduce public health disparities in 17 communities that receive a dispropor- 18 tionate quantity of air pollution from a 19 port; 20 (B) the amount of matching, non-Federal 21 funds expected to be used by an applicant to 22 purchase and install, as applicable, zero emis- 23 sions port equipment and technology; 24 VerDate Sep 11 2014 00:17 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S216.IS S216 kjohnson on DSK79L0C42PROD with BILLS 10 •S 216 IS (C) whether the applicant will use the 1 grant to purchase and install, as applicable, 2 zero emissions port equipment and technology 3 that is produced in the United States; 4 (D) whether the applicant will meet the 5 utilization requirements for registered appren- 6 tices established by the Secretary of Labor or 7 a State Apprenticeship Agency, as applicable; 8 and 9 (E) whether the applicant will recruit and 10 retain skilled workers through a State-approved 11 joint labor-management apprenticeship pro- 12 gram, as applicable. 13 (d) USE OF FUNDS.— 14 (1) IN GENERAL.—A grant awarded under this 15 section shall be used to purchase and install, as ap- 16 plicable, zero emissions port equipment and tech- 17 nology. 18 (2) PROHIBITED USE.— 19 (A) IN GENERAL.—An eligible entity may 20 not use a grant awarded under this section to 21 purchase or install fully automated cargo han- 22 dling equipment or terminal infrastructure that 23 is designed for fully automated cargo handling 24 equipment. 25 VerDate Sep 11 2014 00:17 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S216.IS S216 kjohnson on DSK79L0C42PROD with BILLS 11 •S 216 IS (B) HUMAN-OPERATED ZERO EMISSIONS 1 PORT EQUIPMENT AND TECHNOLOGY.—Nothing 2 in subparagraph (A) prohibits an eligible entity 3 from using a grant awarded under this section 4 to purchase human-operated zero emissions 5 port equipment and technology or infrastruc- 6 ture that supports the human-operated zero 7 emissions port equipment and technology. 8 (3) COST-SHARING.— 9 (A) IN GENERAL.—Except as provided in 10 subparagraph (B), an eligible entity may not 11 use a grant awarded under this section to cover 12 more than 70 percent of the cost of purchasing 13 and installing, as applicable, zero emissions port 14 equipment and technology. 15 (B) CERTAIN GRANTS.—With respect to a 16 grant of $3,000,000 or more, an eligible entity 17 may use the grant to cover not more than 85 18 percent of the cost of purchasing and installing 19 zero emissions port equipment and technology if 20 that eligible entity certifies to the Administrator 21 that— 22 (i) the grant will be used, at least in 23 part, to employ laborers or mechanics to 24 VerDate Sep 11 2014 00:17 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S216.IS S216 kjohnson on DSK79L0C42PROD with BILLS 12 •S 216 IS install zero emissions port equipment and 1 technology; and 2 (ii) the eligible entity is a party to a 3 project labor agreement or requires that 4 each subgrantee of the eligible entity, and 5 any subgrantee of that subgrantee at any 6 tier, that performs the installation partici- 7 pate in a project labor agreement. 8 (4) PROJECT LABOR.—An eligible entity that 9 uses a grant awarded under this section to install 10 zero emissions port equipment and technology shall 11 ensure, to the greatest extent practicable, that any 12 subgrantee of the eligible entity, and any subgrantee 13 of that subgrantee, at any tier, that carries out the 14 installation employs at least 40 percent of the labor- 15 ers or mechanics for the installation from among in- 16 dividuals who— 17 (A) are domiciled— 18 (i) if the applicable installation area is 19 a major urban area, not further than 15 20 miles from the installation area; and 21 (ii) if the applicable installation area 22 is not a major urban area, not further 23 than 50 miles from the installation area; 24 VerDate Sep 11 2014 00:17 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S216.IS S216 kjohnson on DSK79L0C42PROD with BILLS 13 •S 216 IS (B) are displaced and unemployed energy 1 workers; 2 (C) are members of the Armed Forces 3 serving on active duty, separated from active 4 duty, or retired from active duty; 5 (D) have been incarcerated or served time 6 in a juvenile or adult detention or correctional 7 facility, or been placed on probation, community 8 supervision, or in a diversion scheme; 9 (E) have a disability; 10 (F) are homeless; 11 (G) are receiving public assistance; 12 (H) lack a general education diploma or 13 high school diploma; 14 (I) are emancipated from the foster care 15 system; or 16 (J) are registered apprentices with fewer 17 than 15 percent of the required graduating ap- 18 prentice hours in a program. 19 (e) WAGES.— 20 (1) IN GENERAL.—All laborers and mechanics 21 employed by a subgrantee of an eligible entity, and 22 any subgrantee of a subgrantee at any tier, to per- 23 form construction, alteration, installation [Text truncated for display. 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