I ★ 117TH CONGRESS 1ST SESSION H. R. 1335 To direct the Administrator of the Environmental Protection Agency to carry out a pilot program to award grants for the electrification of certain refrigerated vehicles, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 25, 2021 Ms. CLARKE of New York (for herself, Mr. HUFFMAN, and Ms. SCHAKOWSKY) introduced the following bill; which was referred to the Committee on En- ergy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Administrator of the Environmental Protection Agency to carry out a pilot program to award grants for the electrification of certain refrigerated vehicles, 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 ‘‘FREEZER Trucks 4 Act of 2021’’ or the ‘‘Fostering and Realizing Electrifica- 5 VerDate Sep 11 2014 20:12 Mar 15, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1335.IH H1335 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 1335 IH1S tion by Encouraging Zero Emission Refrigeration Trucks 1 Act of 2021’’. 2 SEC. 2. PILOT PROGRAM FOR THE ELECTRIFICATION OF 3 CERTAIN REFRIGERATED VEHICLES. 4 (a) ESTABLISHMENT OF PILOT PROGRAM.—The Ad- 5 ministrator shall establish and carry out a pilot program 6 to award funds, in the form of grants, rebates, and low- 7 cost revolving loans, as determined appropriate by the Ad- 8 ministrator, on a competitive basis, to eligible entities to 9 carry out projects described in subsection (b). 10 (b) PROJECTS.—An eligible entity receiving an award 11 of funds under subsection (a) may use such funds only 12 for one or more of the following projects: 13 (1) TRANSPORT REFRIGERATION UNIT RE- 14 PLACEMENT.—A project to retrofit a heavy-duty ve- 15 hicle by replacing or retrofitting the existing diesel- 16 powered transport refrigeration unit in such vehicle 17 with an electric transport refrigeration unit and re- 18 tiring the replaced unit for scrappage. 19 (2) SHORE POWER INFRASTRUCTURE.—A 20 project to purchase and install shore power infra- 21 structure or other equipment that enables transport 22 refrigeration units to connect to electric power and 23 operate without using diesel fuel. 24 VerDate Sep 11 2014 20:12 Mar 15, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1335.IH H1335 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 1335 IH1S (c) MAXIMUM AMOUNTS.—The amount of an award 1 of funds under subsection (a) shall not exceed— 2 (1) for the costs of a project described in sub- 3 section (b)(1), 75 percent of such costs; and 4 (2) for the costs of a project described in sub- 5 section (b)(2), 55 percent of such costs. 6 (d) APPLICATIONS.—To be eligible to receive an 7 award of funds under subsection (a), an eligible entity 8 shall submit to the Administrator an application at such 9 time, in such manner, and containing such information as 10 the Administrator may require, including— 11 (1) a description of the air quality in the area 12 served by the eligible entity, including a description 13 of how the air quality is affected by diesel emissions 14 from heavy-duty vehicles; 15 (2) a description of the project proposed by the 16 eligible entity, including— 17 (A) any technology to be used or funded by 18 the eligible entity; and 19 (B) a description of the heavy-duty vehicle 20 or vehicles of the eligible entity, that will be ret- 21 rofitted, if any, including— 22 (i) the number of such vehicles; 23 (ii) the uses of such vehicles; 24 VerDate Sep 11 2014 20:12 Mar 15, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1335.IH H1335 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 1335 IH1S (iii) the locations where such vehicles 1 dock for the purpose of loading or unload- 2 ing; and 3 (iv) the routes driven by such vehicles, 4 including the times at which such vehicles 5 are driven; 6 (3) an estimate of the cost of the proposed 7 project; 8 (4) a description of the age and expected life- 9 time control of the equipment used or funded by the 10 eligible entity; and 11 (5) provisions for the monitoring and 12 verification of the project including to verify 13 scrappage of any replaced units. 14 (e) PRIORITY.—In awarding funds under subsection 15 (a), the Administrator shall give priority to proposed 16 projects that, as determined by the Administrator— 17 (1) maximize public health benefits; 18 (2) are the most cost-effective; and 19 (3) will serve the communities that are most 20 polluted by diesel motor emissions, including com- 21 munities that the Administrator identifies as being 22 in either nonattainment or maintenance of the na- 23 tional ambient air quality standards for a criteria 24 VerDate Sep 11 2014 20:12 Mar 15, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1335.IH H1335 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 1335 IH1S pollutant under section 109 of the Clean Air Act (42 1 U.S.C. 7409), particularly for— 2 (A) ozone; and 3 (B) particulate matter. 4 (f) DATA RELEASE.—Not later than 120 days after 5 the date on which an award of funds is made under this 6 section, the Administrator shall publish on the website of 7 the Environmental Protection Agency, on a downloadable 8 electronic database, information with respect to such 9 award of funds, including— 10 (1) the name and location of the recipient; 11 (2) the total amount of funds awarded; 12 (3) the intended use or uses of the awarded 13 funds; 14 (4) the date on which the award of funds was 15 approved; 16 (5) where applicable, an estimate of any air pol- 17 lution or greenhouse gas emissions avoided as a re- 18 sult of the project funded by the award; and 19 (6) any other data the Administrator deter- 20 mines to be necessary for an evaluation of the use 21 and effect of awarded funds provided under this sec- 22 tion. 23 (g) REPORTS TO CONGRESS.— 24 VerDate Sep 11 2014 20:12 Mar 15, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1335.IH H1335 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 1335 IH1S (1) ANNUAL REPORT TO CONGRESS.—Not later 1 than 1 year after the date of the establishment of 2 the pilot program under this section, and annually 3 thereafter until amounts made available to carry out 4 this section are fully expended, the Administrator 5 shall submit to Congress and make available to the 6 public a report that describes, with respect to the 7 applicable year— 8 (A) the number of applications for awards 9 of funds received under such program; 10 (B) all awards of funds made under such 11 program, including a summary of the data de- 12 scribed in subsection (f); 13 (C) the estimated reduction of annual 14 emissions of air pollutants regulated under sec- 15 tion 109 of the Clean Air Act (42 U.S.C. 16 7409), and the estimated reduction of green- 17 house gas emissions, associated with the awards 18 of funds made under such program; 19 (D) the number of awards of funds made 20 under such program for projects in communities 21 described in subsection (e)(3); and 22 (E) any other data the Administrator de- 23 termines to be necessary to describe the imple- 24 VerDate Sep 11 2014 20:12 Mar 15, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1335.IH H1335 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 1335 IH1S mentation, outcomes, or effectiveness of such 1 program. 2 (2) FINAL REPORT.—Not later than 1 year 3 after amounts made available to carry out this sec- 4 tion are fully expended, or 5 years after the pilot 5 program is established, whichever comes first, the 6 Administrator shall submit to Congress and make 7 available to the public a report that describes— 8 (A) all of the information collected for the 9 annual reports under paragraph (1); 10 (B) any benefits to the environment or 11 human health that could result from the wide- 12 spread application of electric transport refrig- 13 eration units for short-haul transportation and 14 delivery of perishable goods or other goods re- 15 quiring climate-controlled conditions, including 16 in low-income communities and communities of 17 color; 18 (C) any challenges or benefits that recipi- 19 ents of awards of funds under such program re- 20 ported with respect to the integration or use of 21 electric transport refrigeration units and associ- 22 ated technologies; 23 VerDate Sep 11 2014 20:12 Mar 15, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1335.IH H1335 pamtmann on DSKBC07HB2PROD with BILLS 8 HR 1335 IH1S (D) an assessment of the national market 1 potential for electric transport refrigeration 2 units; 3 (E) an assessment of challenges and op- 4 portunities for widespread deployment of elec- 5 tric transport refrigeration units, including in 6 urban areas; and 7 (F) recommendations for how future Fed- 8 eral, State, and local programs can best support 9 the adoption and widespread deployment of 10 electric transport refrigeration units. 11 (h) DEFINITIONS.—In this section: 12 (1) ADMINISTRATOR.—The term ‘‘Adminis- 13 trator’’ means the Administrator of the Environ- 14 mental Protection Agency. 15 (2) DIESEL-POWERED TRANSPORT REFRIGERA- 16 TION UNIT.—The term ‘‘diesel-powered transport re- 17 frigeration unit’’ means a transport refrigeration 18 unit that is powered by an independent diesel inter- 19 nal combustion engine. 20 (3) ELECTRIC TRANSPORT REFRIGERATION 21 UNIT.—The term ‘‘electric transport refrigeration 22 unit’’ means a transport refrigeration unit in which 23 the refrigeration or climate-control system is driven 24 by an electric motor when connected to shore power 25 VerDate Sep 11 2014 20:12 Mar 15, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1335.IH H1335 pamtmann on DSKBC07HB2PROD with BILLS 9 HR 1335 IH1S infrastructure or other equipment that enables 1 transport refrigeration units to connect to electric 2 power, including all-electric transport refrigeration 3 units, hybrid electric transport refrigeration units, 4 and standby electric transport refrigeration units. 5 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 6 ty’’ means— 7 (A) a regional, State, local, or Tribal agen- 8 cy, or port authority, with jurisdiction over 9 transportation or air quality; 10 (B) a nonprofit organization or institution 11 that— 12 (i) represents or provides pollution re- 13 duction or educational services to individ- 14 uals or organizations that own or operate 15 heavy-duty vehicles or fleets of heavy-duty 16 vehicles; or 17 (ii) has, as its principal purpose, the 18 promotion of air quality; 19 (C) an individual or entity that is the 20 owner of record of a heavy-duty vehicle or a 21 fleet of heavy-duty vehicles that operates for the 22 transportation and delivery of perishable goods 23 or other goods requiring climate-controlled con- 24 ditions; 25 VerDate Sep 11 2014 20:12 Mar 15, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1335.IH H1335 pamtmann on DSKBC07HB2PROD with BILLS 10 HR 1335 IH1S (D) an individual or entity that is the 1 owner of record of a facility that operates as a 2 warehouse or storage facility for perishable 3 goods or other goods requiring climate-con- 4 trolled conditions; or 5 (E) a hospital or public health institution 6 that utilizes refrigeration for storage of perish- 7 able goods or other goods requiring climate-con- 8 trolled conditions. 9 (5) HEAVY-DUTY VEHICLE.—The term ‘‘heavy- 10 duty vehicle’’ means— 11 (A) a commercial truck or van— 12 (i) used for the primary purpose of 13 transporting perishable goods or other 14 goods requiring climate-controlled condi- 15 tions; and 16 (ii) with a gross vehicle weight rating 17 greater than 6,000 pounds; or 18 (B) an insulated cargo trailer used in 19 transporting perishable goods or other goods re- 20 quiring climate-controlled conditions when 21 mounted on a semitrailer. 22 (6) SHORE POWER INFRASTRUCTURE.—The 23 term ‘‘shore power infrastructure’’ means electrical 24 infrastructure that provides power to the electric 25 VerDate Sep 11 2014 20:12 Mar 15, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1335.IH H1335 pamtmann on DSKBC07HB2PROD with BILLS 11 HR 1335 IH1S transport refrigeration unit of a heavy-duty vehicle 1 when such vehicle is stationary on a property where 2 such vehicle is parked or loaded, including a food 3 distribution center or other location where heavy- 4 duty vehicles congregate. 5 (7) TRANSPORT REFRIGERATION UNIT.—The 6 term ‘‘transport refrigeration unit’’ means a climate- 7 control system installed on a heavy-duty vehicle for 8 the purpose of maintaining the quality of perishable 9 goods or other goods requiring climate-controlled 10 conditions. 11 (i) AUTHORIZATION OF APPROPRIATIONS.— 12 (1) IN GENERAL.—There is authorized to be 13 appropriated to carry out this section $30,000,000, 14 to remain available until expended. 15 (2) ADMINISTRATIVE EXPENSES.—The Admin- 16 istrator may use not more than 1 percent of 17 amounts made available pursuant to paragraph (1) 18 for administrative expenses to carry out this section. 19 Æ VerDate Sep 11 2014 20:12 Mar 15, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H1335.IH H1335 pamtmann on DSKBC07HB2PROD with BILLS