BUILD GREEN Infrastructure and Jobs Act

II 117TH CONGRESS 1ST SESSION S. 874 To establish a green transportation infrastructure grant program, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 18, 2021 Ms. WARREN (for herself, Mr. MARKEY, Mr. MERKLEY, Mr. SANDERS, Mr. PADILLA, Mr. BOOKER, and Mr. BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a green transportation infrastructure grant program, 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 ‘‘Better Utilizing Invest- 4 ments to Leverage Development and Generating Renew- 5 able Energy to Electrify the Nation’s Infrastructure and 6 Jobs Act’’ or the ‘‘BUILD GREEN Infrastructure and 7 Jobs Act’’. 8 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S874.IS S874 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 874 IS SEC. 2. GREEN TRANSPORTATION INFRASTRUCTURE 1 GRANT PROGRAM. 2 (a) DEFINITIONS.—In this section: 3 (1) ELECTRIC VEHICLE.—The term ‘‘electric 4 vehicle’’ has the meaning given the term in section 5 523.2 of title 49, Code of Federal Regulations (or 6 successor regulations). 7 (2) FRONTLINE, VULNERABLE, AND DISADVAN- 8 TAGED COMMUNITY.—The term ‘‘frontline, vulner- 9 able, and disadvantaged community’’ means a com- 10 munity— 11 (A) in an area described in section 301(a) 12 of the Public Works and Economic Develop- 13 ment Act of 1965 (42 U.S.C. 3161(a)); and 14 (B) in which climate change, pollution, or 15 environmental destruction have exacerbated sys- 16 temic racial, regional, social, environmental, 17 gender, and economic injustices by dispropor- 18 tionately affecting Black, Brown, and Indige- 19 nous peoples, other communities of color, mi- 20 grant communities, deindustrialized commu- 21 nities, depopulated rural communities, the poor, 22 low-income workers, women, the elderly, the 23 unhoused, people with disabilities, or youth. 24 (3) GLOBAL WARMING POTENTIAL.—The term 25 ‘‘global warming potential’’ has the meaning given 26 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S874.IS S874 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 874 IS the term in section 98.6 of title 40, Code of Federal 1 Regulations (or successor regulations). 2 (4) GREEN PROJECT.—The term ‘‘green 3 project’’ means a project that— 4 (A) deeply reduces transportation green- 5 house gas emissions and local air pollution; and 6 (B) results in a reduction in overall energy 7 use, maximization of energy efficiency, imple- 8 mentation and use of energy recovery, and an 9 offset of the remaining demand for energy with 10 production of energy from renewable energy 11 sources, such that the project produces as much 12 energy or energy savings as the project uses 13 over the course of a year. 14 (5) GREEN SPACE.— 15 (A) IN GENERAL.—The term ‘‘green 16 space’’ means publicly accessible land or water 17 that— 18 (i) is partly or completely covered with 19 grass, trees, shrubs, or other vegetation; 20 and 21 (ii) provides floodwater alleviation, 22 storm water mitigation, green travel 23 routes, water purification, cooling tempera- 24 tures, pollution management, public health 25 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S874.IS S874 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 874 IS benefits, enhancements to biodiversity, eco- 1 logical resilience, or greenhouse gas emis- 2 sions sequestration. 3 (B) INCLUSIONS.—The term ‘‘green 4 space’’ includes parks, gardens, playing fields, 5 children’s play areas, woods, grassed areas, 6 bodies of water, and trails. 7 (6) GREENHOUSE GAS.—The term ‘‘greenhouse 8 gas’’ means— 9 (A) carbon dioxide; 10 (B) hydrofluorocarbons; 11 (C) methane; 12 (D) nitrous oxide; 13 (E) perfluorocarbons; 14 (F) sulfur hexafluoride; 15 (G) nitrogen triflouride; 16 (H) chlorofluorocarbons; 17 (I) criteria pollutants for which there are 18 national ambient air quality standards under 19 section 109 of the Clean Air Act (42 U.S.C. 20 7409); and 21 (J) any other anthropogenically-emitted 22 gas or particulate that the Administrator of the 23 Environmental Protection Agency determines, 24 after notice and comment— 25 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S874.IS S874 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 874 IS (i) to contribute to climate change; or 1 (ii) to produce negative effects on 2 human health, biodiversity, or ecological 3 resilience. 4 (7) GREENHOUSE GAS EMISSIONS.—The term 5 ‘‘greenhouse gas emissions’’ means emissions of 6 greenhouse gas, expressed in terms of metric tons of 7 carbon dioxide equivalent. 8 (8) NEW RENEWABLE ENERGY.—The term 9 ‘‘new renewable energy’’ means renewable energy 10 from a source that is not currently producing power. 11 (9) PROGRAM.—The term ‘‘program’’ means 12 the green transportation infrastructure grant pro- 13 gram established under subsection (b). 14 (10) PUBLICLY AVAILABLE EVSE.— 15 (A) IN GENERAL.—The term ‘‘publicly 16 available EVSE’’ means Electric Vehicle Supply 17 Equipment and any associated parking spaces 18 designated by the property owner or lessee to be 19 available to, and accessible by, the public for 20 any period of time, including Electric Vehicle 21 Supply Equipment and associated parking 22 spaces located in parking garages or gated fa- 23 cilities if any member of the public can obtain 24 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S874.IS S874 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 874 IS vehicular access to the facility for free or 1 through payment of a fee. 2 (B) EXCLUSION.—The term ‘‘publicly 3 available EVSE’’ does not include Electric Ve- 4 hicle Supply Equipment and any associated 5 parking spaces in a workplace if the Electric 6 Vehicle Supply Equipment and associated park- 7 ing spaces are clearly marked and operated as 8 available exclusively to employees or contracted 9 drivers. 10 (11) RENEWABLE ENERGY SOURCE.—The term 11 ‘‘renewable energy source’’ means energy generated 12 from renewable sources, including the following: 13 (A) Solar, including electricity. 14 (B) Wind. 15 (C) Ocean, including tidal, wave, current, 16 and thermal. 17 (D) Geothermal, including electricity and 18 heat pumps. 19 (E) Hydroelectric generation capacity 20 achieved from increased efficiency or additions 21 of new capacity— 22 (i) at an existing hydroelectric project; 23 and 24 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S874.IS S874 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 874 IS (ii) that was placed in service on or 1 after January 1, 1999. 2 (F) Hydrogen used in fuel cells or other 3 non-combustion technologies. 4 (G) Thermal energy generated by any of 5 the sources described in subparagraphs (A) 6 through (F). 7 (12) RESILIENT.—The term ‘‘resilient’’, with 8 respect to transportation infrastructure projects, 9 means an anticipation of, preparation for, and adap- 10 tation of the project to disruptions and changing en- 11 vironmental and security conditions, and the 12 achievement and maintenance by the project of the 13 capability to withstand, respond to, and recover rap- 14 idly from disruptions while ensuring the sustainment 15 of operations. 16 (13) RURAL AREA.—The term ‘‘rural area’’ 17 means an area with a population of 200,000 or 18 fewer. 19 (14) SECRETARY.—The term ‘‘Secretary’’ 20 means the Secretary of Transportation. 21 (15) URBANIZED AREA.—The term ‘‘urbanized 22 area’’ means an area with a population of more than 23 200,000. 24 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S874.IS S874 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 874 IS (b) ESTABLISHMENT.—The Secretary shall establish 1 a green transportation infrastructure grant program to 2 provide grants on a competitive basis to eligible entities 3 for capital investments in electrified surface transpor- 4 tation infrastructure projects that— 5 (1) will have a significant local or regional im- 6 pact to improve transportation and reduce green- 7 house gas emissions and toxic emissions; and 8 (2) are— 9 (A) sustainable and resilient; and 10 (B) green projects. 11 (c) ELIGIBLE ENTITIES.—An entity eligible to re- 12 ceive a grant under the program is— 13 (1) a State; 14 (2) a unit of local government; 15 (3) a transit agency; 16 (4) a port authority; 17 (5) an Indian tribe (as defined in section 4 of 18 the Indian Self-Determination and Education Assist- 19 ance Act (25 U.S.C. 5304)); or 20 (6) a group of entities described in paragraphs 21 (1) through (5). 22 (d) ELIGIBLE PROJECTS.—A project eligible to be 23 carried out with funds from a grant provided under the 24 program is— 25 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S874.IS S874 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 874 IS (1) a highway or bridge project eligible for as- 1 sistance under title 23, United States Code, that has 2 or installs publicly available EVSE on the highway 3 or on a highway in immediate proximity to the 4 bridge; 5 (2) a public transportation project eligible for 6 assistance under chapter 53 of title 49, United 7 States Code, that is powered by electricity; 8 (3) a passenger or freight rail project that is 9 powered solely by an external source of electricity or 10 solar power; 11 (4) a port infrastructure investment, including 12 inland port infrastructure and land ports of entry, 13 that installs publicly available EVSE or converts fos- 14 sil fuel-powered equipment to electrified equipment; 15 and 16 (5) any other projects that— 17 (A) the Secretary determines to be appro- 18 priate; and 19 (B) clearly demonstrate a contribution to 20 the reduction of greenhouse gas emissions and 21 toxic emissions. 22 (e) APPLICATION.— 23 (1) IN GENERAL.—To be eligible to receive a 24 grant under the program, an eligible entity shall 25 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S874.IS S874 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 874 IS submit to the Secretary an application at such time, 1 in such manner, and containing such information as 2 the Secretary may require. 3 (2) DEADLINES.—The Secretary shall— 4 (A) publish a notice of funding opportunity 5 for the program by not later than 10 days after 6 October 1 of each fiscal year; 7 (B) require applications for grants under 8 the program to be submitted to the Secretary 9 by not later than 90 days after the date on 10 which the notice of funding opportunity is pub- 11 lished; and 12 (C) select eligible projects to receive grants 13 under the program, in accordance with sub- 14 section (f), by not later than 270 days after Oc- 15 tober 1 of each fiscal year. 16 (f) SELECTION.— 17 (1) IN GENERAL.—The Secretary shall select el- 18 igible projects to receive a grant under the program 19 based on sustainability criteria, including— 20 (A) the extent to which the project pro- 21 motes the electrification of all public transpor- 22 tation, including electric city buses, electric 23 commuter rail, electric vehicle fleets, and elec- 24 tric school buses; 25 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S874.IS S874 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 874 IS (B) criteria in the Infrastructure Vol- 1 untary Evaluation Sustainability Tool (IN- 2 VEST) of the Federal Highway Administration; 3 (C) criteria developed by the Secretary to 4 promote electric vehicle charging infrastructure; 5 (D) criteria developed by the Secretary to 6 reduce overall vehicle miles traveled in single 7 occupancy, internal combustion engine vehicles; 8 (E) criteria developed by the Secretary, in 9 consultation with the Administrator of the En- 10 vironmental Protection Agency, that consider 11 the extent to which the eligible project contrib- 12 utes to— 13 (i) climate resilience; 14 (ii) climate mitigation; 15 (iii) air pollution and emissions of 16 hazardous air pollutants (as defined in sec- 17 tion 112(a) of the Clean Air Act (42 18 U.S.C. 7412(a))); and 19 (iv) greenhouse gas emissions; 20 (F) criteria developed by the Secretary, in 21 consultation with the Secretary of Energy, that 22 consider the extent to which the eligible project 23 will achieve energy savings and reduced energy 24 usage compared to other eligible projects; and 25 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S874.IS S874 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 874 IS (G) criteria developed by the Secretary, in 1 consultation with the Secretary of Energy, that 2 consider the extent to which the eligible project 3 will improve pedestrian and nonmotorized vehi- 4 cle access and safety compared to other eligible 5 projects. 6 (2) EXCLUSION.—In selecting eligible projects 7 to receive a grant under the program, the Secretary 8 shall not use the Federal share percentage or the 9 ability of an applicant to generate non-Federal rev- 10 enue as a selection criterion. 11 (3) PRIORITY.—In selecting eligible projects to 12 receive a grant under the program, the Secretary 13 shall give priority to an eligible project that— 14 (A) is located in— 15 (i) a frontline, vulnerable, and dis- 16 advantaged community; 17 (ii) an area identified as having dis- 18 proportionately high adverse human health 19 and environmental impacts on minority 20 populations and low-income populations; 21 (iii) a community of color; 22 (iv) a low-income community; 23 (v) a deindustrialized community; or 24 VerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S874.IS S874 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 874 IS (vi) a community facing environ- 1 mental injustice; 2 (B) requires a contribution of Federal 3 funds in order to complete an overall financing 4 package; or 5 (C) includes— 6 (i) the addition of— 7 (I) a new green space; or 8 (II) new State or local park sys- 9 tem units and recreation areas admin- 10 istered for outdoor recreation pur- 11 poses; or 12 (ii) an improvement to improve access 13 to an existing green space, State or local 14 park system unit, or recreation area ad- 15 ministered for outdoor recreation purposes, 16 including pedestrian and bicycle access. 17 (4) REPORT.—Not less frequently than once 18 each year, the Secretary shall— 19 [Text truncated for display. 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