Clean Commute for Kids Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1271 To reauthorize the Clean School Bus Program, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 21, 2021 Mr. PADILLA (for himself, Mr. WARNOCK, Ms. SMITH, Mr. SANDERS, Mrs. FEINSTEIN, Mr. MARKEY, Mr. WYDEN, Mr. MERKLEY, and Ms. STABE- NOW) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To reauthorize the Clean School Bus 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 ‘‘Clean Commute for 4 Kids Act of 2021’’. 5 SEC. 2. CLEAN SCHOOL BUS PROGRAM. 6 (a) IN GENERAL.—Section 741 of the Energy Policy 7 Act of 2005 (42 U.S.C. 16091) is amended to read as 8 follows: 9 VerDate Sep 11 2014 23:26 May 14, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1271.IS S1271 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 1271 IS ‘‘SEC. 741. CLEAN SCHOOL BUS PROGRAM. 1 ‘‘(a) DEFINITIONS.—In this section: 2 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- 3 trator’ means the Administrator of the Environ- 4 mental Protection Agency. 5 ‘‘(2) CLEAN SCHOOL BUS.—The term ‘clean 6 school bus’ means a school bus with a drivetrain 7 that produces, under any possible operational mode 8 or condition, zero exhaust emissions of— 9 ‘‘(A) any air pollutant that is listed pursu- 10 ant to section 108(a) of the Clean Air Act (42 11 U.S.C. 7408(a)) (or any precursor to such an 12 air pollutant); and 13 ‘‘(B) any greenhouse gas. 14 ‘‘(3) COMMUNITY OF COLOR.—The term ‘com- 15 munity of color’ means any geographically distinct 16 area the population of color of which is higher than 17 the average population of color of the State in which 18 the community is located. 19 ‘‘(4) ELIGIBLE CONTRACTOR.—The term ‘eligi- 20 ble contractor’ means a contractor that is a for-prof- 21 it, not-for-profit, or nonprofit entity that has the ca- 22 pacity— 23 ‘‘(A) to sell clean school buses, or charging 24 or other equipment needed to charge or main- 25 tain clean school buses, to individuals or enti- 26 VerDate Sep 11 2014 23:26 May 14, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1271.IS S1271 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 1271 IS ties that own a school bus or fleet of school 1 buses; or 2 ‘‘(B) to arrange financing for a sale de- 3 scribed in subparagraph (A). 4 ‘‘(5) ELIGIBLE RECIPIENT.— 5 ‘‘(A) IN GENERAL.—Subject to subpara- 6 graph (B), the term ‘eligible recipient’ means— 7 ‘‘(i) 1 or more local or State govern- 8 mental entities responsible for— 9 ‘‘(I) providing school bus service 10 to 1 or more public school systems; or 11 ‘‘(II) the purchase of school 12 buses; 13 ‘‘(ii) a tribally controlled school (as 14 defined in section 5212 of the Tribally 15 Controlled Schools Act of 1988 (25 U.S.C. 16 2511)); 17 ‘‘(iii) a nonprofit school transportation 18 association; or 19 ‘‘(iv) 1 or more contracting entities 20 that provide school bus service to 1 or 21 more public school systems. 22 ‘‘(B) SPECIAL REQUIREMENTS.—In the 23 case of eligible recipients described in clauses 24 VerDate Sep 11 2014 23:26 May 14, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1271.IS S1271 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 1271 IS (iii) and (iv) of subparagraph (A), the Adminis- 1 trator— 2 ‘‘(i) shall establish timely and appro- 3 priate requirements for notice to the public 4 school systems that would be served by 5 school buses purchased using an award 6 under subsection (b)(1); and 7 ‘‘(ii) may establish timely and appro- 8 priate requirements for approval by the 9 public school systems that would be served 10 by school buses purchased using an award 11 under subsection (b)(1). 12 ‘‘(6) INDIGENOUS COMMUNITY.—The term ‘in- 13 digenous community’ means— 14 ‘‘(A) a federally recognized Indian Tribe; 15 ‘‘(B) a State-recognized Indian Tribe; 16 ‘‘(C) an Alaska Native or Native Hawaiian 17 community or organization; or 18 ‘‘(D) any other community of indigenous 19 people, including communities in other coun- 20 tries. 21 ‘‘(7) LOW INCOME.—The term ‘low income’ 22 means an annual household income equal to, or less 23 than, the greater of— 24 VerDate Sep 11 2014 23:26 May 14, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1271.IS S1271 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 1271 IS ‘‘(A) an amount equal to 80 percent of the 1 median income of the area in which the house- 2 hold is located, as reported by the Department 3 of Housing and Urban Development; and 4 ‘‘(B) 200 percent of the Federal poverty 5 line. 6 ‘‘(8) LOW-INCOME COMMUNITY.—The term 7 ‘low-income community’ means any census block 8 group in which 30 percent or more of the population 9 are individuals with low income. 10 ‘‘(9) SCHOOL BUS.—The term ‘school bus’ has 11 the meaning given the term ‘schoolbus’ in section 12 30125(a) of title 49, United States Code. 13 ‘‘(10) SCRAP.— 14 ‘‘(A) IN GENERAL.—The term ‘scrap’, with 15 respect to a school bus engine replaced using an 16 award under subsection (b)(1), means to recy- 17 cle, crush, or shred the engine within such pe- 18 riod and in such manner as determined by the 19 Administrator. 20 ‘‘(B) EXCLUSION.—The term ‘scrap’ does 21 not include selling, leasing, exchanging, or oth- 22 erwise disposing of an engine described in sub- 23 paragraph (A) for use in another motor vehicle 24 in any location. 25 VerDate Sep 11 2014 23:26 May 14, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1271.IS S1271 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 1271 IS ‘‘(b) PROGRAM FOR REPLACEMENT OF EXISTING 1 SCHOOL BUSES WITH CLEAN SCHOOL BUSES.— 2 ‘‘(1) ESTABLISHMENT.—The Administrator, in 3 consultation with the Secretary, shall establish a 4 program for— 5 ‘‘(A) making awards, on a competitive 6 basis, of grants, rebates, and low-cost revolving 7 loans to eligible recipients for the replacement 8 of existing school buses that are not clean 9 school buses with clean school buses; and 10 ‘‘(B) making awards of contracts to eligi- 11 ble contractors for providing rebates and low- 12 cost revolving loans for the replacement of ex- 13 isting school buses that are not clean school 14 buses with clean school buses. 15 ‘‘(2) APPLICATIONS.— 16 ‘‘(A) IN GENERAL.—An applicant for an 17 award under paragraph (1) shall submit to the 18 Administrator an application at such time, in 19 such manner, and containing such information 20 as the Administrator may require, including— 21 ‘‘(i) a written assurance that— 22 ‘‘(I) all laborers and mechanics 23 employed by contractors or sub- 24 contractors during construction, alter- 25 VerDate Sep 11 2014 23:26 May 14, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1271.IS S1271 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 1271 IS ation, or repair, or at any manufac- 1 turing operation, that is financed, in 2 whole or in part, by an award under 3 paragraph (1), shall be paid wages at 4 rates not less than those prevailing in 5 a similar firm or on similar construc- 6 tion in the locality, as determined by 7 the Secretary of Labor in accordance 8 with subchapter IV of chapter 31 of 9 title 40, United States Code; and 10 ‘‘(II) the applicant agrees to the 11 authority of the Secretary of Labor 12 described in subparagraph (B); 13 ‘‘(ii) a certification that no public 14 work or service normally performed by a 15 public employee will be privatized or sub- 16 contracted in carrying out a project funded 17 by the award; 18 ‘‘(iii) to ensure a fair assessment of 19 workforce impact related to an award 20 under paragraph (1), a detailed accounting 21 with respect to relevant employees, includ- 22 ing employees in each of management, ad- 23 ministration, operations, and maintenance, 24 VerDate Sep 11 2014 23:26 May 14, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1271.IS S1271 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 1271 IS of the eligible recipient at the time of the 1 application, including— 2 ‘‘(I) the number of employees, or- 3 ganized by salary; 4 ‘‘(II) the bargaining unit status 5 of each employee; 6 ‘‘(III) the full-time or part-time 7 status of each employee; and 8 ‘‘(IV) the job title of each em- 9 ployee; and 10 ‘‘(iv) a description of coordination and 11 advance planning with the local electricity 12 provider. 13 ‘‘(B) AUTHORITY OF SECRETARY OF 14 LABOR.—For any project or activity carried out 15 by a recipient of an award under paragraph (1), 16 the Secretary of Labor shall, with respect to the 17 labor standards described in subparagraph 18 (A)(i)(I), have the authority and functions set 19 forth in Reorganization Plan Numbered 14 of 20 1950 (64 Stat. 1267; 5 U.S.C. App.) and sec- 21 tion 3145 of title 40, United States Code. 22 ‘‘(3) ELIGIBLE MANUFACTURERS.— 23 ‘‘(A) IN GENERAL.—The Administrator 24 shall maintain and make publicly available a list 25 VerDate Sep 11 2014 23:26 May 14, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1271.IS S1271 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 1271 IS of manufacturers of clean school buses from 1 whom recipients of awards under paragraph (1) 2 may purchase clean school buses. 3 ‘‘(B) CRITERIA.—The Administrator shall 4 establish a process by which manufacturers may 5 seek inclusion on the list established under sub- 6 paragraph (A), which shall include the submis- 7 sion of such information as the Administrator 8 may require, including— 9 ‘‘(i) a disclosure of whether there has 10 been any administrative merits determina- 11 tion, arbitral award or decision, or civil 12 judgment, as defined in guidance issued by 13 the Secretary of Labor, rendered against 14 the manufacturer in the preceding 3 years 15 for violations of applicable labor, employ- 16 ment, civil rights, or health and safety 17 laws; and 18 ‘‘(ii) specific information regarding— 19 ‘‘(I) the actions the manufacturer 20 will take to demonstrate compliance 21 with and, where possible, exceedance 22 of, requirements under applicable 23 labor, employment, civil rights, and 24 health and safety laws; and 25 VerDate Sep 11 2014 23:26 May 14, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1271.IS S1271 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 1271 IS ‘‘(II) actions the manufacturer 1 will take to ensure that the direct sup- 2 pliers of the manufacturer dem- 3 onstrate compliance with applicable 4 labor, employment, civil rights, and 5 health and safety laws. 6 ‘‘(4) PRIORITY OF APPLICATIONS.— 7 ‘‘(A) HIGHEST PRIORITY.—In making 8 awards under paragraph (1), the Administrator 9 shall give highest priority to applicants that 10 propose to replace school buses that serve the 11 highest number of students (measured in abso- 12 lute numbers or in the percentage of student 13 population) who are eligible for free or reduced 14 price lunches under the Richard B. Russell Na- 15 tional School Lunch Act (42 U.S.C. 1751 et 16 seq.). 17 ‘‘(B) ADDITIONAL PRIORITY.—In making 18 awards under paragraph (1), after taking into 19 account the priority described in subparagraph 20 (A), the Administrator shall give priority to ap- 21 plicants that propose to complement the assist- 22 ance received through the award by securing 23 additional sources of funding for the activities 24 VerDate Sep 11 2014 23:26 May 14, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1271.IS S1271 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 1271 IS supported through the award, such as 1 through— 2 ‘‘(i) public-private partnerships with 3 electric companies; 4 ‘‘(ii) grants from other entities; or 5 ‘‘(iii) the issuance of school bonds. 6 ‘‘(5) USE OF SCHOOL BUS FLEET.—All clean 7 school buses purchased with an award under para- 8 graph (1) shall— 9 ‘‘(A) be operated as part of the school bus 10 fleet for which the award was made for not less 11 than 5 years; 12 ‘‘(B) be maintained, operated, charged, 13 and fueled according to manufacturer rec- 14 ommendations or State requirements; and 15 ‘‘(C) not be manufactured or retrofitted 16 with, or otherwise have installed, a power unit 17 or other technology that creates air pollution 18 within the school bus, such as an unvented die- 19 sel passenger heater. 20 ‘‘(6) AWARDS.— 21 ‘‘(A) AWARD AMOUNT.— 22 ‘‘(i) IN GENERAL.—Subject to clause 23 (ii) and subparagraph (D), the Adminis- 24 trator may make an award under para- 25 VerDate Sep 11 2014 23:26 May 14, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1271.IS S1271 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 1271 IS graph (1) in an amount not more than the 1 amount that is 100 percent of the replace- 2 ment costs for clean school buses. 3 ‘‘(ii) LIMITATION.—The replacement 4 costs described in clause (i) shall not ex- 5 ceed an amount equal to 110 percent of 6 the difference between— 7 ‘‘(I) the cost of a clean school 8 bus; and 9 ‘‘(II) the cost of a diesel school 10 bus. 11 ‘‘(B) STRUCTURING AWARDS.—In making 12 an award under paragraph (1)(A), the Adminis- 13 trator shall decide whether to award a grant, 14 rebate, or low-cost revolving loan, or a combina- 15 tion thereof, based primarily on— 16 ‘‘(i) how best to facilitate replacing 17 existing school buses that are not clean 18 school buses with clean school buses; and 19 ‘‘(ii) the preference of the eligible re- 20 cipient. 21 ‘‘(C) INCLUDED COSTS.—An award under 22 paragraph (1) may be used to pay for— 23 VerDate Sep 11 2014 23:26 May 14, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1271.IS S1271 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 1271 IS ‘‘(i) acquisition and labor costs for 1 charging or other infrastructure needed to 2 charge or maintain clean school buses; 3 ‘‘(ii) workforce development and train- 4 ing to support the maintenance, charging, 5 and operations of electric school buses; and 6 ‘‘(iii) planning and technical activities 7 to support the adoption and deployment of 8 clean school buses. 9 ‘‘(D) EXCEPTION FOR CONTRACTING ENTI- 10 TIES.— 11 ‘‘(i) IN GENERAL.—Subject to clause 12 (ii), in the case of an award under para- 13 graph (1) to an eligible recipient described 14 in subsection (a)(5)(A)(iv), the Adminis- 15 trator may make an award for up to 70 16 percent of the replacement costs for clean 17 school buses. 18 ‘‘(ii) EXCEPTION.—If an eligible re- 19 cipient described in subsection 20 (a)(5)(A)(iv) demonstrates, to the satisfac- 21 tion of the Administrator, that the labor 22 standards of the eligible recipient are equal 23 to or exceed those of the public school sys- 24 tem that would be served by the clean 25 VerDate Sep 11 2014 23:26 May 14, [Text truncated for display. Full text available on Congress.gov.]