Clean Commute for Kids Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2721 To reauthorize the Clean School Bus Program. IN THE HOUSE OF REPRESENTATIVES APRIL 21, 2021 Mr. CA´RDENAS (for himself and Mrs. HAYES) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To reauthorize the Clean School Bus Program. 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 ‘‘SEC. 741. CLEAN SCHOOL BUS PROGRAM. 10 ‘‘(a) DEFINITIONS.—In this section: 11 VerDate Sep 11 2014 23:24 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2721.IH H2721 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2721 IH ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- 1 trator’ means the Administrator of the Environ- 2 mental Protection Agency. 3 ‘‘(2) CLEAN SCHOOL BUS.—The term ‘clean 4 school bus’ means a school bus that is a zero-emis- 5 sion school bus. 6 ‘‘(3) COMMUNITY OF COLOR.—The term ‘com- 7 munity of color’ means any geographically distinct 8 area the population of color of which is higher than 9 the average population of color of the State in which 10 the community is located. 11 ‘‘(4) ELIGIBLE CONTRACTOR.—The term ‘eligi- 12 ble contractor’ means a contractor that is a for-prof- 13 it, not-for-profit, or nonprofit entity that has the ca- 14 pacity— 15 ‘‘(A) to sell clean school buses, or charging 16 or other equipment needed to charge or main- 17 tain clean school buses, to individuals or enti- 18 ties that own a school bus or fleet of school 19 buses; or 20 ‘‘(B) to arrange financing for such a sale. 21 ‘‘(5) ELIGIBLE RECIPIENT.— 22 ‘‘(A) IN GENERAL.—Subject to subpara- 23 graph (B), the term ‘eligible recipient’ means— 24 VerDate Sep 11 2014 23:24 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2721.IH H2721 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2721 IH ‘‘(i) 1 or more local or State govern- 1 mental entities responsible for— 2 ‘‘(I) providing school bus service 3 to 1 or more public school systems; or 4 ‘‘(II) the purchase of school 5 buses; 6 ‘‘(ii) a tribally controlled school (as 7 defined in section 5212 of the Tribally 8 Controlled Schools Act of 1988 (25 U.S.C. 9 2511)); 10 ‘‘(iii) a nonprofit school transportation 11 association; or 12 ‘‘(iv) 1 or more contracting entities 13 that provide school bus service to 1 or 14 more public school systems. 15 ‘‘(B) SPECIAL REQUIREMENTS.—In the 16 case of eligible recipients identified under 17 clauses (iii) and (iv) of subparagraph (A), the 18 Administrator shall establish timely and appro- 19 priate requirements for notice and may estab- 20 lish timely and appropriate requirements for ap- 21 proval by the public school systems that would 22 be served by buses purchased using award 23 funds made available under this section. 24 VerDate Sep 11 2014 23:24 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2721.IH H2721 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2721 IH ‘‘(6) INDIGENOUS COMMUNITY.—The term ‘in- 1 digenous community’ means— 2 ‘‘(A) a federally recognized Indian Tribe; 3 ‘‘(B) a State-recognized Indian Tribe; 4 ‘‘(C) an Alaska Native or Native Hawaiian 5 community or organization; or 6 ‘‘(D) any other community of indigenous 7 people, including communities in other coun- 8 tries. 9 ‘‘(7) LOW INCOME.—The term ‘low income’ 10 means an annual household income equal to, or less 11 than, the greater of— 12 ‘‘(A) an amount equal to 80 percent of the 13 median income of the area in which the house- 14 hold is located, as reported by the Department 15 of Housing and Urban Development; and 16 ‘‘(B) 200 percent of the Federal poverty 17 line. 18 ‘‘(8) LOW-INCOME COMMUNITY.—The term 19 ‘low-income community’ means any census block 20 group in which 30 percent or more of the population 21 are individuals with low income. 22 ‘‘(9) SCHOOL BUS.—The term ‘school bus’ has 23 the meaning given the term ‘schoolbus’ in section 24 30125(a) of title 49, United States Code. 25 VerDate Sep 11 2014 23:24 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2721.IH H2721 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2721 IH ‘‘(10) SCRAP.— 1 ‘‘(A) IN GENERAL.—The term ‘scrap’ 2 means, with respect to a school bus engine re- 3 placed using funds awarded under this section, 4 to recycle, crush, or shred the engine within 5 such period and in such manner as determined 6 by the Administrator. 7 ‘‘(B) EXCLUSION.—The term ‘scrap’ does 8 not include selling, leasing, exchanging, or oth- 9 erwise disposing of an engine described in sub- 10 paragraph (A) for use in another motor vehicle 11 in any location. 12 ‘‘(11) SECRETARY.—The term ‘Secretary’ 13 means the Secretary of Energy. 14 ‘‘(12) ZERO-EMISSION SCHOOL BUS.—The term 15 ‘zero-emission school bus’ means a school bus with 16 a drivetrain that produces, under any possible oper- 17 ational mode or condition, zero exhaust emission 18 of— 19 ‘‘(A) any air pollutant that is listed pursu- 20 ant to section 108(a) of the Clean Air Act (42 21 U.S.C. 7408(a)) (or any precursor to such an 22 air pollutant); and 23 ‘‘(B) any greenhouse gas. 24 VerDate Sep 11 2014 23:24 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2721.IH H2721 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2721 IH ‘‘(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 basis 6 of grants, rebates, and low-cost revolving loans 7 to eligible recipients for the replacement of ex- 8 isting school buses with clean school buses; and 9 ‘‘(B) making awards of contracts to eligi- 10 ble contractors for providing rebates and low- 11 cost revolving loans for the replacement of ex- 12 isting school buses with clean school buses. 13 ‘‘(2) APPLICATIONS.—An applicant for an 14 award under this section shall submit to the Admin- 15 istrator an application at such time, in such manner, 16 and containing such information as the Adminis- 17 trator may require, including— 18 ‘‘(A) a written assurance that— 19 ‘‘(i) all laborers and mechanics em- 20 ployed by contractors or subcontractors 21 during construction, alteration, or repair, 22 or at any manufacturing operation, that is 23 financed, in whole or in part, by an award 24 under this section, shall be paid wages at 25 VerDate Sep 11 2014 23:24 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2721.IH H2721 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 2721 IH rates not less than those prevailing in a 1 similar firm or on similar construction in 2 the locality, as determined by the Sec- 3 retary of Labor in accordance with sub- 4 chapter IV of chapter 31 of title 40, 5 United States Code; and 6 ‘‘(ii) the Secretary of Labor shall, 7 with respect to the labor standards de- 8 scribed in this clause, have the authority 9 and functions set forth in Reorganization 10 Plan Numbered 14 of 1950 (64 Stat. 11 1267; 5 U.S.C. App.) and section 3145 of 12 title 40, United States Code; 13 ‘‘(B) a certification that no public work or 14 service normally performed by a public em- 15 ployee will be privatized or subcontracted in 16 carrying out a project funded by the award; 17 ‘‘(C) to ensure a fair assessment of work- 18 force impact related to an award under this sec- 19 tion, a detailed accounting with respect to rel- 20 evant employees, including employees in each of 21 management, administration, operations, and 22 maintenance, of the eligible recipient at the 23 time of the application, including— 24 VerDate Sep 11 2014 23:24 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2721.IH H2721 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 2721 IH ‘‘(i) the number of employees, orga- 1 nized by salary; 2 ‘‘(ii) the bargaining unit status of 3 each employee; 4 ‘‘(iii) the full- or part-time status of 5 each employee; and 6 ‘‘(iv) the job title of each employee; 7 and 8 ‘‘(D) a description of coordination and ad- 9 vance planning with the local electricity pro- 10 vider. 11 ‘‘(3) ELIGIBLE MANUFACTURERS.— 12 ‘‘(A) IN GENERAL.—The Administrator 13 shall maintain and make publicly available a list 14 of manufacturers of clean school bus manufac- 15 turers from whom recipients of awards under 16 this section may order clean school buses. 17 ‘‘(B) CRITERIA.—The Administrator shall 18 establish a process by which manufacturers may 19 seek inclusion on the list established pursuant 20 to this subparagraph, which process shall in- 21 clude the submission of such information as the 22 Administrator may require, including— 23 ‘‘(i) a disclosure of whether there has 24 been any administrative merits determina- 25 VerDate Sep 11 2014 23:24 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2721.IH H2721 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 2721 IH tion, arbitral award or decision, or civil 1 judgment, as defined in guidance issued by 2 the Secretary of Labor, rendered against 3 the manufacturer in the preceding 3 years 4 for violations of applicable labor, employ- 5 ment, civil rights, or health and safety 6 laws; and 7 ‘‘(ii) specific information regarding 8 the actions the manufacturer will take to 9 demonstrate compliance with, and where 10 possible exceedance of, requirements under 11 applicable labor, employment, civil rights, 12 and health and safety laws, and actions the 13 manufacturer will take to ensure that its 14 direct suppliers demonstrate compliance 15 with applicable labor, employment, civil 16 rights, and health and safety laws. 17 ‘‘(4) PRIORITY OF APPLICATIONS.—— 18 ‘‘(A) HIGHEST PRIORITY.—In making 19 awards under paragraph (1), the Administrator 20 shall give highest priority to applicants that 21 propose to replace school buses that serve the 22 highest number of students (measured in abso- 23 lute numbers or percentage of student popu- 24 lation) who are eligible for free or reduced price 25 VerDate Sep 11 2014 23:24 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2721.IH H2721 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 2721 IH lunches under the Richard B. Russell National 1 School Lunch Act (42 U.S.C. 1751 et seq.). 2 ‘‘(B) ADDITIONAL PRIORITY.—In making 3 awards under paragraph (1), the Administrator 4 shall give priority to applicants that propose to 5 complement the assistance received through the 6 award by securing additional sources of funding 7 for the activities supported through the award, 8 such as through— 9 ‘‘(i) public-private partnerships with 10 electric companies; 11 ‘‘(ii) grants from other entities; or 12 ‘‘(iii) issuance of school bonds. 13 ‘‘(5) USE OF SCHOOL BUS FLEET.—All clean 14 school buses acquired with funds provided under this 15 section shall— 16 ‘‘(A) be operated as part of the school bus 17 fleet for which the award was made for not less 18 than 5 years; 19 ‘‘(B) be maintained, operated, charged, 20 and fueled according to manufacturer rec- 21 ommendations or State requirements; and 22 ‘‘(C) not be manufactured or retrofitted 23 with, or otherwise have installed, a power unit 24 or other technology that creates air pollution 25 VerDate Sep 11 2014 23:24 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2721.IH H2721 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 2721 IH within the school bus, such as an unvented die- 1 sel passenger heater. 2 ‘‘(6) AWARDS.— 3 ‘‘(A) IN GENERAL.—In making awards 4 under paragraph (1), the Administrator may 5 make awards for up to 100 percent of the re- 6 placement costs for clean school buses, provided 7 that such replacement costs shall not exceed 8 110 percent of the amount equal to the dif- 9 ference between the cost of a clean school bus 10 and the cost of a diesel school 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 with clean school 18 buses; and 19 ‘‘(ii) the preference of the eligible re- 20 cipient. 21 ‘‘(C) INCLUDED COSTS.—Awards under 22 paragraph (1) may pay for— 23 VerDate Sep 11 2014 23:24 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2721.IH H2721 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 2721 IH ‘‘(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.—In the case of awards 10 under paragraph (1) to eligible recipients de- 11 scribed in subsection (a)(5)(A)(iv), the Adminis- 12 trator may make awards for up to 70 percent 13 of the replacement costs for clean school buses, 14 except that if such a recipient demonstrates, to 15 the satisfaction of the Administrator, that its 16 labor standards are equal to or exceed those of 17 the public school system that would be served 18 by the clean school buses acquired with an 19 award under this section, the Administrator 20 may make an award to such recipient for up to 21 90 percent of the replacement costs for clean 22 school buses. 23 ‘‘(E) REQUIREMENTS.—The Administrator 24 shall require, as a condition of receiving an 25 VerDate Sep 11 2014 23:24 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2721.IH H2721 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 2721 IH award under this section, that award recipi- 1 ents— 2 ‘‘(i) do not, as a result of receiving 3 the award— 4 ‘‘(I) lay off, transfer, or demote 5 any current employee; or 6 ‘‘(II) reduce the salary or bene- 7 fits of any current employee or worsen 8 the conditions of work of any current 9 employee; and 10 ‘‘(ii) provide current employees with 11 training to effectively operate, maintain, or 12 otherwise adapt to new technologies relat- 13 ing to clean school buses. 14 ‘‘(F) BUY AMERICA.— 15 ‘‘(i) IN GENERAL.—Except as pro- 16 vided in clause (ii), any clean school bus or 17 electric vehicle supply equipment pur- 18 chased using funds awarded under this 19 section shall comply with the requirements 20 described in secti [Text truncated for display. 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