Climate Smart Ports Act

I 116TH CONGRESS 2D SESSION H. R. 7024 To direct the Administrator of the Environmental Protection Agency to estab- lish a program to award grants to eligible entities to purchase, and as applicable install, zero emissions port equipment and technology, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 27, 2020 Ms. BARRAGA´N (for herself, Ms. TLAIB, Mr. HUFFMAN, Ms. NORTON, Ms. WASSERMAN SCHULTZ, Ms. SCHAKOWSKY, Mr. LOWENTHAL, Mr. RASKIN, Mr. CASE, Mr. SMITH of Washington, Ms. CLARKE of New York, Ms. VELA´ZQUEZ, Mr. ROUDA, Mr. LYNCH, Mr. KENNEDY, Ms. JAYAPAL, Mr. RICHMOND, Ms. BLUNT ROCHESTER, Ms. PINGREE, Mr. HASTINGS, Ms. BONAMICI, and Ms. LEE of California) introduced the fol- lowing bill; which was referred to the Committee on Energy and Com- merce A BILL To direct the Administrator of the Environmental Protection Agency to establish a program to award grants to eligible entities to purchase, and as applicable install, zero emis- sions port equipment and technology, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7024.IH H7024 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7024 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Climate Smart Ports 2 Act’’. 3 SEC. 2. CLIMATE SMART PORTS GRANT PROGRAM. 4 (a) ESTABLISHMENT.—Not later than 6 months after 5 the date of enactment of this section, the Administrator 6 shall establish a program to award grants to eligible enti- 7 ties to purchase, and as applicable install, zero emissions 8 port equipment and technology. 9 (b) USE OF GRANTS.— 10 (1) IN GENERAL.—An eligible entity may use a 11 grant awarded under this section to purchase, and 12 as applicable install, zero emissions port equipment 13 and technology. 14 (2) PROHIBITED USE.— 15 (A) IN GENERAL.—An eligible entity may 16 not use a grant awarded under this section to 17 purchase or install fully automated cargo han- 18 dling equipment or terminal infrastructure that 19 is designed for fully automated cargo handling 20 equipment. 21 (B) HUMAN-OPERATED ZERO EMISSIONS 22 PORT EQUIPMENT AND TECHNOLOGY.—Nothing 23 in subparagraph (A) prohibits an eligible entity 24 from using a grant awarded under this section 25 to purchase human-operated zero emissions 26 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7024.IH H7024 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7024 IH port equipment and technology or infrastruc- 1 ture that supports such human-operated zero 2 emissions port equipment and technology. 3 (3) COST SHARE.— 4 (A) IN GENERAL.—Except as provided in 5 subparagraph (B), an eligible entity may not 6 use a grant awarded under this section to cover 7 more than 70 percent of the cost of purchasing, 8 and as applicable installing, zero emissions port 9 equipment and technology. 10 (B) CERTAIN GRANTS.—With respect to a 11 grant in an amount equal to or greater than 12 $3,000,000, an eligible entity may use such 13 grant to cover not more than 85 percent of the 14 cost of purchasing and installing zero emissions 15 port equipment and technology if such eligible 16 entity certifies to the Administrator that— 17 (i) such grant will be used, at least in 18 part, to employ laborers or mechanics to 19 install zero emissions port equipment and 20 technology; and 21 (ii) such eligible entity is a party to a 22 project labor agreement or requires that 23 each subgrantee of such eligible entity, and 24 any subgrantee thereof at any tier, that 25 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7024.IH H7024 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7024 IH performs such installation participate in a 1 project labor agreement. 2 (4) PROJECT LABOR.—An eligible entity that 3 uses a grant awarded under this section to install 4 zero emissions port equipment and technology shall 5 ensure, to the greatest extent practicable, that any 6 subgrantee of such eligible entity, and any sub- 7 grantee thereof at any tier, that carries out such in- 8 stallation employs laborers or mechanics for such in- 9 stallation that— 10 (A) are domiciled not further than 50 11 miles from such installation; 12 (B) are members of the Armed Forces 13 serving on active duty, separated from active 14 duty, or retired from active duty; 15 (C) have been incarcerated or served time 16 in a juvenile detention facility; or 17 (D) have a disability. 18 (c) WAGES.— 19 (1) IN GENERAL.—All laborers and mechanics 20 employed by a subgrantee of an eligible entity, and 21 any subgrantee thereof at any tier, to perform con- 22 struction, alteration, installation, or repair work that 23 is assisted, in whole or in part, by a grant awarded 24 under this section shall be paid wages at rates not 25 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7024.IH H7024 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7024 IH less than those prevailing on similar construction, al- 1 teration, installation, or repair work in the locality 2 as determined by the Secretary of Labor in accord- 3 ance with subchapter IV of chapter 31 of title 40, 4 United States Code. 5 (2) LABOR STANDARDS.—With respect to the 6 labor standards in this subsection, the Secretary of 7 Labor shall have the authority and functions set 8 forth in Reorganization Plan Numbered 14 of 1950 9 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 10 title 40, United States Code. 11 (d) APPLICATION.— 12 (1) IN GENERAL.—To be eligible to be awarded 13 a grant under this section, an eligible entity shall 14 submit to the Administrator an application at such 15 time, in such manner, and containing such informa- 16 tion as the Administrator may require. 17 (2) PRIORITY.—The Administrator shall 18 prioritize awarding grants under this section to eligi- 19 ble entities based on the following: 20 (A) The degree to which the proposed use 21 of the grant will— 22 (i) reduce greenhouse gas emissions; 23 (ii) reduce emissions of any criteria 24 pollutant and precursor thereof; 25 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7024.IH H7024 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 7024 IH (iii) reduce hazardous air pollutant 1 emissions; and 2 (iv) reduce public health disparities in 3 communities that receive a dispropor- 4 tionate quantity of air pollution from a 5 port. 6 (B) The amount of matching, non-Federal 7 funds expected to be used by an applicant to 8 purchase, and as applicable install, zero emis- 9 sions port equipment and technology. 10 (C) Whether the applicant will use such 11 grant to purchase, and as applicable install, 12 zero emissions port equipment and technology 13 that is produced in the United States. 14 (D) As applicable, whether the applicant 15 will meet the utilization requirements for reg- 16 istered apprentices established by the Secretary 17 of Labor or a State Apprenticeship Agency. 18 (E) As applicable, whether the applicant 19 will recruit and retain skilled workers through 20 a State-approved joint labor management ap- 21 prenticeship program. 22 (e) OUTREACH.— 23 (1) IN GENERAL.—Not later than 90 days after 24 funds are made available to carry out this section, 25 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7024.IH H7024 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 7024 IH the Administrator shall develop and carry out an 1 educational outreach program to promote and ex- 2 plain the grant program established under sub- 3 section (a) to prospective grant recipients. 4 (2) PROGRAM COMPONENTS.—In carrying out 5 the outreach program developed under paragraph 6 (1), the Administrator shall— 7 (A) inform prospective grant recipients 8 how to apply for a grant awarded under this 9 section; 10 (B) describe to prospective grant recipients 11 the benefits of available zero emissions port 12 equipment and technology; 13 (C) explain to prospective grant recipients 14 the benefits of participating in the grant pro- 15 gram established under this section; and 16 (D) facilitate the sharing of best practices 17 and lessons learned between grant recipients 18 and prospective grant recipients with respect to 19 how to apply for and use grants awarded under 20 this section. 21 (f) REPORTS.— 22 (1) REPORT TO ADMINISTRATOR.—Not later 23 than 90 days after the date on which an eligible en- 24 tity uses a grant awarded under this section, such 25 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7024.IH H7024 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 7024 IH eligible entity shall submit to the Administrator a re- 1 port containing such information as the Adminis- 2 trator shall require. 3 (2) ANNUAL REPORT TO CONGRESS.—Not later 4 than January 31, 2021, and annually thereafter, the 5 Administrator shall submit to Congress and make 6 available on the website of the Environmental Pro- 7 tection Agency a report that includes, with respect 8 to each grant awarded under this section during the 9 preceding calendar year— 10 (A) the name and location of the eligible 11 entity that was awarded such grant; 12 (B) the amount of such grant that the eli- 13 gible entity was awarded; 14 (C) the name and location of the port 15 where the zero emissions port equipment and 16 technology that was purchased, and as applica- 17 ble installed, with such grant is used; 18 (D) an estimate of the impact of such zero 19 emissions port equipment and technology on re- 20 ducing— 21 (i) greenhouse gas emissions; 22 (ii) emissions of criteria pollutants 23 and precursors thereof; 24 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7024.IH H7024 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 7024 IH (iii) hazardous air pollutant emissions; 1 and 2 (iv) public health disparities; and 3 (E) any other information the Adminis- 4 trator determines necessary to understand the 5 impact of grants awarded under this section. 6 (g) AUTHORIZATION OF APPROPRIATIONS.— 7 (1) IN GENERAL.—There is authorized to be 8 appropriated to carry out this section 9 $1,000,000,000 for each of fiscal years 2021 10 through 2030. 11 (2) NONATTAINMENT AREAS.—To the extent 12 practicable, at least 25 percent of amounts made 13 available to carry out this section in each fiscal year 14 shall be used to award grants to eligible entities to 15 provide zero emissions port equipment and tech- 16 nology to ports that are in nonattainment areas. 17 (h) DEFINITIONS.—In this section: 18 (1) ACTIVE DUTY.— The term ‘‘active duty’’ 19 has the meaning given such term in section 101 of 20 title 10, United States Code. 21 (2) ADMINISTRATOR.—The term ‘‘Adminis- 22 trator’’ means the Administrator of the Environ- 23 mental Protection Agency. 24 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7024.IH H7024 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 7024 IH (3) ALTERNATIVE EMISSIONS CONTROL TECH- 1 NOLOGY.—The term ‘‘alternative emissions control 2 technology’’ means a technology, technique, or meas- 3 ure that— 4 (A) captures the emissions of nitrogen 5 oxide, particulate matter, reactive organic com- 6 pounds, and greenhouse gases from the auxil- 7 iary engine and auxiliary boiler of an ocean- 8 going vessel at berth; 9 (B) is verified or approved by a State or 10 Federal air quality regulatory agency; 11 (C) the use of which achieves at least the 12 equivalent reduction of emissions as the use of 13 shore power for an ocean-going vessel at berth; 14 (D) the use of which results in reducing 15 emissions of the auxiliary engine of an ocean- 16 going vessel at berth to a rate of less than— 17 (i) 2.8 g/kW-hr for nitrogen oxide; 18 (ii) 0.03 g/kW-hr for particulate mat- 19 ter 2.5; and 20 (iii) 0.1 g/kW-hr for reactive organic 21 compounds; and 22 (E) reduces the emissions of the auxiliary 23 engine and boiler of an ocean-going vessel at 24 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7024.IH H7024 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 7024 IH berth by at least 80 percent of the default emis- 1 sions rate, which is 13.8 g. 2 (4) CRITERIA POLLUTANT.—The term ‘‘criteria 3 pollutant’’ means each of the following: 4 (A) Ground-level ozone. 5 (B) Particulate matter. 6 (C) Carbon monoxide. 7 (D) Lead. 8 (E) Sulfur dioxide. 9 (F) Nitrogen dioxide. 10 (5) DISTRIBUTED ENERGY RESOURCE.— 11 (A) IN GENERAL.—The term ‘‘distributed 12 energy resource’’ means an energy resource 13 that— 14 (i) is located on or near a customer 15 site; 16 (ii) is operated on the customer side 17 of the electric meter; and 18 (iii) is interconnected with the electric 19 grid. 20 (B) INCLUSIONS.—The term ‘‘distributed 21 energy resource’’ includes— 22 (i) clean electric generation; 23 (ii) customer electric efficiency meas- 24 ures; 25 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7024.IH H7024 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 7024 IH (iii) electric demand flexibility; and 1 (iv) energy storage. 2 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 3 ty’’ means— 4 (A) a port authority; 5 (B) a State, regional, local, or Tribal agen- 6 cy that has jurisdiction over a port authority or 7 a port; 8 (C) an air pollution control district or air 9 quality management district; or 10 (D) a private or nonprofit entity, applying 11 for a grant awarded under this section in col- 12 laboration with another entity described in sub- 13 paragraphs (A) through (C), that owns or uses 14 cargo or transportation equipment at a port. 15 (7) ENERGY STORAGE SYSTEM.—The term ‘‘en- 16 ergy storage system’’ means a system, equipment, 17 facility, or technology that— 18 (A) is capable of absorbing energy, storing 19 energy for a period of time, and dispatching the 20 stored energy; and 21 (B) uses a mechanical, electrical, chemical, 22 electrochemical, or thermal process to store en- 23 ergy that— 24 VerDate Sep 11 2014 03:50 Jun 18, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H7024.IH H7024 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 7024 IH (i) was generated at an earlier time 1 for use at a later time; or 2 (ii) was generated from a mechanical 3 process, and would otherwise be wasted, 4 for delivery at a later time. 5 (8) FULLY AUTOMATED CARGO HANDLING 6 EQUIPMENT.—The term ‘‘fully automated cargo 7 handling equipment’’ means car [Text truncated for display. 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