FREEZER Trucks Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 5256 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 NOVEMBER 22, 2019 Ms. CLARKE of New York (for herself, Mr. HUFFMAN, Ms. SCHAKOWSKY, Ms. TLAIB, and Ms. ROYBAL-ALLARD) introduced the following bill; which was referred to the Committee on Energy 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 consider- ation 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 ‘‘Fostering and Real- 4 izing Electrification by Encouraging Zero Emission Re- 5 VerDate Sep 11 2014 02:42 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5256.IH H5256 kjohnson on DSK79L0C42 with BILLS 2 •HR 5256 IH frigeration Trucks Act of 2019’’ or the ‘‘FREEZER 1 Trucks Act of 2019’’. 2 SEC. 2. PILOT PROGRAM TO AWARD GRANTS FOR THE 3 ELECTRIFICATION OF CERTAIN REFRIG- 4 ERATED VEHICLES. 5 (a) ESTABLISHMENT OF PILOT PROGRAM.—The Ad- 6 ministrator shall establish and carry out a pilot program 7 to award grants, on a competitive basis, to eligible entities 8 to carry out projects described in subsection (b). 9 (b) PROJECTS.—An eligible entity receiving a grant 10 under subsection (a) may use grant funds only for one 11 or more of the following projects: 12 (1) TRANSPORT REFRIGERATION UNIT RE- 13 PLACEMENT.—A project to retrofit a heavy-duty ve- 14 hicle by replacing the existing diesel-powered trans- 15 port refrigeration unit in such vehicle with an elec- 16 tric transport refrigeration unit. 17 (2) SHORE POWER INFRASTRUCTURE.—A 18 project to purchase and install shore power infra- 19 structure or other equipment that enables transport 20 refrigeration units to connect to electric power at 21 food service distribution centers or other places 22 where heavy-duty vehicles congregate. 23 (3) TRANSPORT REFRIGERATION UNIT OPER- 24 ATION AND MAINTENANCE.—A project to operate 25 VerDate Sep 11 2014 02:42 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5256.IH H5256 kjohnson on DSK79L0C42 with BILLS 3 •HR 5256 IH and maintain vehicles, infrastructure, or equipment 1 relating to electric transport refrigeration units and 2 associated shore power, including any such vehicles, 3 infrastructure, or equipment acquired as part of a 4 project funded under this section and described in 5 paragraph (1) or paragraph (2). 6 (c) MAXIMUM AMOUNTS.—The amount of a grant 7 awarded under subsection (a) shall not exceed— 8 (1) for the costs of a project relating to trans- 9 port refrigeration unit replacement described in sub- 10 section (b)(1), not more than 75 percent of such 11 costs; 12 (2) for the costs of a project relating to shore 13 power infrastructure described in subsection (b)(2), 14 not more than 55 percent of such costs; and 15 (3) for the costs of a project relating to trans- 16 port refrigeration unit operation and maintenance 17 described in subsection (b)(3), not more than 45 18 percent of such costs. 19 (d) APPLICATIONS.—To be eligible to receive a grant 20 under subsection (a), an eligible entity shall submit to the 21 Administrator— 22 (1) a description of the air quality in the area 23 served by the eligible entity, including a description 24 VerDate Sep 11 2014 02:42 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5256.IH H5256 kjohnson on DSK79L0C42 with BILLS 4 •HR 5256 IH of how the air quality is affected by diesel emissions 1 from heavy-duty vehicles; 2 (2) a description of the project proposed by the 3 eligible entity, including— 4 (A) any verified technology or emerging 5 technology to be used or funded by the eligible 6 entity; and 7 (B) a description of the heavy-duty vehicle 8 fleet of the eligible entity, including— 9 (i) the number of such vehicles; 10 (ii) the uses of such vehicles; 11 (iii) the locations where such vehicles 12 dock for the purpose of loading or unload- 13 ing; and 14 (iv) the routes driven by such vehicles, 15 including the times at which such vehicles 16 are driven; 17 (3) an estimate of the cost of the proposed 18 project; 19 (4) a description of the age and expected life- 20 time control of the equipment used or funded by the 21 eligible entity; and 22 (5) provisions for the monitoring and verifica- 23 tion of the project. 24 VerDate Sep 11 2014 02:42 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5256.IH H5256 kjohnson on DSK79L0C42 with BILLS 5 •HR 5256 IH (e) PRIORITY.—In awarding grants under subsection 1 (a), the Administrator shall give priority to proposed 2 projects that, as determined by the Administrator— 3 (1) maximize public health benefits; 4 (2) are the most cost-effective; and 5 (3) will serve the communities that are most 6 polluted by diesel motor emissions, including com- 7 munities that the Administrator identifies as being 8 in either nonattainment or maintenance of the na- 9 tional ambient air quality standards for a criteria 10 pollutant, particularly for— 11 (A) ozone; and 12 (B) particulate matter. 13 (f) DATA RELEASE.—Not later than 60 days after 14 the date on which a grant is made under this section, the 15 Administrator shall publish on the website of the Environ- 16 mental Protection Agency, on a downloadable electronic 17 database, information with respect to such grant, includ- 18 ing— 19 (1) the name and location of the grant recipi- 20 ent; 21 (2) the total amount of the grant; 22 (3) the intended use or uses of the grant; 23 (4) the date on which the grant was awarded; 24 VerDate Sep 11 2014 02:42 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5256.IH H5256 kjohnson on DSK79L0C42 with BILLS 6 •HR 5256 IH (5) where applicable, an estimate of any air pol- 1 lution or greenhouse gas emissions avoided as a re- 2 sult of the project funded by the grant; and 3 (6) any other data the Administrator deter- 4 mines to be necessary for an evaluation of the use 5 and effect of grants awarded under this section. 6 (g) REPORTS TO CONGRESS.— 7 (1) ANNUAL REPORT TO CONGRESS.—Not later 8 than 1 year after the date of the establishment of 9 the pilot program under this section, and annually 10 thereafter until funding is expended, the Adminis- 11 trator shall submit to Congress and make available 12 to the public a report that describes, with respect to 13 the applicable year— 14 (A) any grant applications received under 15 such program; 16 (B) any grants awarded under such pro- 17 gram, including a summary of the data de- 18 scribed in subsection (f); 19 (C) the effect of any awarded grants on air 20 pollution and greenhouse gas emissions; and 21 (D) any other data the Administrator de- 22 termines to be necessary to describe the imple- 23 mentation, outcomes, or effectiveness of such 24 program. 25 VerDate Sep 11 2014 02:42 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5256.IH H5256 kjohnson on DSK79L0C42 with BILLS 7 •HR 5256 IH (2) FINAL REPORT.—Not later than 1 year 1 after funding for the pilot program under this sec- 2 tion is expended, or five years after such program is 3 established, whichever comes first, the Administrator 4 shall submit to Congress and make available to the 5 public a report that describes— 6 (A) all of the information collected for the 7 annual reports under paragraph (1); 8 (B) any benefits to the environment or 9 human health that could result from the wide- 10 spread application of electric transport refrig- 11 eration units for short-haul transportation and 12 delivery of perishable goods, including in low-in- 13 come communities and communities of color; 14 (C) any challenges or benefits that recipi- 15 ents of grants under such program reported 16 with respect to the integration or use of electric 17 transport refrigeration units and associated 18 technologies; 19 (D) an assessment of the national market 20 potential for electric transport refrigeration 21 units; 22 (E) an assessment of challenges and op- 23 portunities for widespread deployment of elec- 24 VerDate Sep 11 2014 02:42 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5256.IH H5256 kjohnson on DSK79L0C42 with BILLS 8 •HR 5256 IH tric transport refrigeration units, including in 1 urban areas; and 2 (F) recommendations for how future Fed- 3 eral, State, and local programs can best support 4 the adoption and widespread deployment of 5 electric transport refrigeration units. 6 (h) DEFINITIONS.—In this section: 7 (1) ADMINISTRATOR.—The term ‘‘Adminis- 8 trator’’ means the Administrator of the Environ- 9 mental Protection Agency. 10 (2) DIESEL-POWERED TRANSPORT REFRIGERA- 11 TION UNIT.—The term ‘‘diesel-powered transport re- 12 frigeration unit’’ means a transport refrigeration 13 unit that is powered by an independent diesel inter- 14 nal combustion engine. 15 (3) ELECTRIC TRANSPORT REFRIGERATION 16 UNIT.—The term ‘‘electric transport refrigeration 17 unit’’ means a transport refrigeration unit in which 18 the compressor of the refrigeration system is driven 19 by an electric motor all or some of the time, includ- 20 ing all-electric transport refrigeration units, hybrid 21 electric transport refrigeration units, and standby 22 electric transport refrigeration units. 23 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 24 ty’’ means— 25 VerDate Sep 11 2014 02:42 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5256.IH H5256 kjohnson on DSK79L0C42 with BILLS 9 •HR 5256 IH (A) a regional, State, local, or Tribal agen- 1 cy or port authority with jurisdiction over 2 transportation or air quality; 3 (B) a nonprofit organization or institution 4 that— 5 (i) represents or provides pollution re- 6 duction or educational services to persons 7 or organizations that own or operate diesel 8 fleets; or 9 (ii) has, as its principal purpose, the 10 promotion of air quality; 11 (C) any individual or entity that is the 12 owner of record of a diesel vehicle or fleet which 13 operates for the transportation and delivery of 14 perishable goods; 15 (D) any individual or entity that is the 16 owner of record of a facility which operates as 17 a warehouse or storage facility for perishable 18 goods; and 19 (E) any hospital or public health institu- 20 tion which utilizes refrigeration for storage of 21 perishable goods. 22 (5) HEAVY-DUTY VEHICLE.—The term ‘‘heavy- 23 duty vehicle’’ means— 24 (A) a commercial truck or van— 25 VerDate Sep 11 2014 02:42 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5256.IH H5256 kjohnson on DSK79L0C42 with BILLS 10 •HR 5256 IH (i) used for the primary purpose of 1 transporting perishable goods; and 2 (ii) with a gross vehicle weight rating 3 greater than 6,000 pounds; or 4 (B) an insulated cargo trailer used in 5 transporting temperature sensitive goods when 6 mounted on a semitrailer. 7 (6) SHORE POWER INFRASTRUCTURE.—The 8 term ‘‘shore power infrastructure’’ means electrical 9 infrastructure that provides power to the electric 10 transport refrigeration unit of a heavy-duty vehicle 11 when such vehicle is stationary. 12 (7) TRANSPORT REFRIGERATION UNIT.—The 13 term ‘‘transport refrigeration unit’’ means a refrig- 14 eration system installed on a heavy-duty vehicle for 15 the purpose of cooling perishable or temperature- 16 sensitive goods. 17 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 18 authorized to be appropriated to carry out this section 19 $10,000,000, to remain available until expended. 20 Æ VerDate Sep 11 2014 02:42 Dec 06, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H5256.IH H5256 kjohnson on DSK79L0C42 with BILLS