Climate Smart Ports Act

II 116TH CONGRESS 2D SESSION S. 4046 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 SENATE OF THE UNITED STATES JUNE 23, 2020 Mr. MERKLEY (for himself, Mr. WYDEN, Mr. BOOKER, Ms. WARREN, Mr. HEINRICH, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Climate Smart Ports 4 Act’’. 5 VerDate Sep 11 2014 00:25 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4046.IS S4046 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4046 IS SEC. 2. CLIMATE SMART PORTS GRANT PROGRAM. 1 (a) ESTABLISHMENT.—Not later than 6 months after 2 the date of enactment of this section, the Administrator 3 shall establish a program to award grants to eligible enti- 4 ties to purchase, and as applicable install, zero emissions 5 port equipment and technology. 6 (b) USE OF GRANTS.— 7 (1) IN GENERAL.—An eligible entity may use a 8 grant awarded under this section to purchase, and 9 as applicable install, zero emissions port equipment 10 and technology. 11 (2) PROHIBITED USE.— 12 (A) IN GENERAL.—An eligible entity may 13 not use a grant awarded under this section to 14 purchase or install fully automated cargo han- 15 dling equipment or terminal infrastructure that 16 is designed for fully automated cargo handling 17 equipment. 18 (B) HUMAN-OPERATED ZERO EMISSIONS 19 PORT EQUIPMENT AND TECHNOLOGY.—Nothing 20 in subparagraph (A) prohibits an eligible entity 21 from using a grant awarded under this section 22 to purchase human-operated zero emissions 23 port equipment and technology or infrastruc- 24 ture that supports such human-operated zero 25 emissions port equipment and technology. 26 VerDate Sep 11 2014 00:25 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4046.IS S4046 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4046 IS (3) COST SHARE.— 1 (A) IN GENERAL.—Except as provided in 2 subparagraph (B), an eligible entity may not 3 use a grant awarded under this section to cover 4 more than 70 percent of the cost of purchasing, 5 and as applicable installing, zero emissions port 6 equipment and technology. 7 (B) CERTAIN GRANTS.—With respect to a 8 grant in an amount equal to or greater than 9 $3,000,000, an eligible entity may use such 10 grant to cover not more than 85 percent of the 11 cost of purchasing and installing zero emissions 12 port equipment and technology if such eligible 13 entity certifies to the Administrator that— 14 (i) such grant will be used, at least in 15 part, to employ laborers or mechanics to 16 install zero emissions port equipment and 17 technology; and 18 (ii) such eligible entity is a party to a 19 project labor agreement or requires that 20 each subgrantee of such eligible entity, and 21 any subgrantee thereof at any tier, that 22 performs such installation participate in a 23 project labor agreement. 24 VerDate Sep 11 2014 00:25 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4046.IS S4046 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4046 IS (4) PROJECT LABOR.—An eligible entity that 1 uses a grant awarded under this section to install 2 zero emissions port equipment and technology shall 3 ensure, to the greatest extent practicable, that any 4 subgrantee of such eligible entity, and any sub- 5 grantee thereof at any tier, that carries out such in- 6 stallation employs laborers or mechanics for such in- 7 stallation that— 8 (A) are domiciled not further than 50 9 miles from such installation; 10 (B) are members of the Armed Forces 11 serving on active duty, separated from active 12 duty, or retired from active duty; 13 (C) have been incarcerated or served time 14 in a juvenile detention facility; or 15 (D) have a disability. 16 (c) WAGES.— 17 (1) IN GENERAL.—All laborers and mechanics 18 employed by a subgrantee of an eligible entity, and 19 any subgrantee thereof at any tier, to perform con- 20 struction, alteration, installation, or repair work that 21 is assisted, in whole or in part, by a grant awarded 22 under this section shall be paid wages at rates not 23 less than those prevailing on similar construction, al- 24 teration, installation, or repair work in the locality 25 VerDate Sep 11 2014 00:25 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4046.IS S4046 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4046 IS as determined by the Secretary of Labor in accord- 1 ance with subchapter IV of chapter 31 of title 40, 2 United States Code. 3 (2) LABOR STANDARDS.—With respect to the 4 labor standards in this subsection, the Secretary of 5 Labor shall have the authority and functions set 6 forth in Reorganization Plan Numbered 14 of 1950 7 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 8 title 40, United States Code. 9 (d) APPLICATION.— 10 (1) IN GENERAL.—To be eligible to be awarded 11 a grant under this section, an eligible entity shall 12 submit to the Administrator an application at such 13 time, in such manner, and containing such informa- 14 tion as the Administrator may require. 15 (2) PRIORITY.—The Administrator shall priori- 16 tize awarding grants under this section to eligible 17 entities based on the following: 18 (A) The degree to which the proposed use 19 of the grant will— 20 (i) reduce greenhouse gas emissions; 21 (ii) reduce emissions of any criteria 22 pollutant and precursor thereof; 23 (iii) reduce hazardous air pollutant 24 emissions; and 25 VerDate Sep 11 2014 00:25 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4046.IS S4046 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4046 IS (iv) reduce public health disparities in 1 communities that receive a dispropor- 2 tionate quantity of air pollution from a 3 port. 4 (B) The amount of matching, non-Federal 5 funds expected to be used by an applicant to 6 purchase, and as applicable install, zero emis- 7 sions port equipment and technology. 8 (C) Whether the applicant will use such 9 grant to purchase, and as applicable install, 10 zero emissions port equipment and technology 11 that is produced in the United States. 12 (D) As applicable, whether the applicant 13 will meet the utilization requirements for reg- 14 istered apprentices established by the Secretary 15 of Labor or a State Apprenticeship Agency. 16 (E) As applicable, whether the applicant 17 will recruit and retain skilled workers through 18 a State-approved joint labor management ap- 19 prenticeship program. 20 (e) OUTREACH.— 21 (1) IN GENERAL.—Not later than 90 days after 22 funds are made available to carry out this section, 23 the Administrator shall develop and carry out an 24 educational outreach program to promote and ex- 25 VerDate Sep 11 2014 00:25 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4046.IS S4046 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4046 IS plain the grant program established under sub- 1 section (a) to prospective grant recipients. 2 (2) PROGRAM COMPONENTS.—In carrying out 3 the outreach program developed under paragraph 4 (1), the Administrator shall— 5 (A) inform prospective grant recipients 6 how to apply for a grant awarded under this 7 section; 8 (B) describe to prospective grant recipients 9 the benefits of available zero emissions port 10 equipment and technology; 11 (C) explain to prospective grant recipients 12 the benefits of participating in the grant pro- 13 gram established under this section; and 14 (D) facilitate the sharing of best practices 15 and lessons learned between grant recipients 16 and prospective grant recipients with respect to 17 how to apply for and use grants awarded under 18 this section. 19 (f) REPORTS.— 20 (1) REPORT TO ADMINISTRATOR.—Not later 21 than 90 days after the date on which an eligible en- 22 tity uses a grant awarded under this section, such 23 eligible entity shall submit to the Administrator a re- 24 VerDate Sep 11 2014 00:25 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4046.IS S4046 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4046 IS port containing such information as the Adminis- 1 trator shall require. 2 (2) ANNUAL REPORT TO CONGRESS.—Not later 3 than January 31, 2021, and annually thereafter, the 4 Administrator shall submit to Congress and make 5 available on the website of the Environmental Pro- 6 tection Agency a report that includes, with respect 7 to each grant awarded under this section during the 8 preceding calendar year— 9 (A) the name and location of the eligible 10 entity that was awarded such grant; 11 (B) the amount of such grant that the eli- 12 gible entity was awarded; 13 (C) the name and location of the port 14 where the zero emissions port equipment and 15 technology that was purchased, and as applica- 16 ble installed, with such grant is used; 17 (D) an estimate of the impact of such zero 18 emissions port equipment and technology on re- 19 ducing— 20 (i) greenhouse gas emissions; 21 (ii) emissions of criteria pollutants 22 and precursors thereof; 23 (iii) hazardous air pollutant emissions; 24 and 25 VerDate Sep 11 2014 00:25 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4046.IS S4046 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4046 IS (iv) public health disparities; and 1 (E) any other information the Adminis- 2 trator determines necessary to understand the 3 impact of grants awarded under this section. 4 (g) AUTHORIZATION OF APPROPRIATIONS.— 5 (1) IN GENERAL.—There is authorized to be 6 appropriated to carry out this section 7 $1,000,000,000 for each of fiscal years 2021 8 through 2030. 9 (2) NONATTAINMENT AREAS.—To the extent 10 practicable, at least 25 percent of amounts made 11 available to carry out this section in each fiscal year 12 shall be used to award grants to eligible entities to 13 provide zero emissions port equipment and tech- 14 nology to ports that are in nonattainment areas. 15 (h) DEFINITIONS.—In this section: 16 (1) ACTIVE DUTY.—The term ‘‘active duty’’ has 17 the meaning given such term in section 101 of title 18 10, United States Code. 19 (2) ADMINISTRATOR.—The term ‘‘Adminis- 20 trator’’ means the Administrator of the Environ- 21 mental Protection Agency. 22 (3) ALTERNATIVE EMISSIONS CONTROL TECH- 23 NOLOGY.—The term ‘‘alternative emissions control 24 VerDate Sep 11 2014 00:25 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4046.IS S4046 kjohnson on DSK79L0C42PROD with BILLS 10 •S 4046 IS technology’’ means a technology, technique, or meas- 1 ure that— 2 (A) captures the emissions of nitrogen 3 oxide, particulate matter, reactive organic com- 4 pounds, and greenhouse gases from the auxil- 5 iary engine and auxiliary boiler of an ocean- 6 going vessel at berth; 7 (B) is verified or approved by a State or 8 Federal air quality regulatory agency; 9 (C) the use of which achieves at least the 10 equivalent reduction of emissions as the use of 11 shore power for an ocean-going vessel at berth; 12 (D) the use of which results in reducing 13 emissions of the auxiliary engine of an ocean- 14 going vessel at berth to a rate of less than— 15 (i) 2.8 g/kW-hr for nitrogen oxide; 16 (ii) 0.03 g/kW-hr for particulate mat- 17 ter 2.5; and 18 (iii) 0.1 g/kW-hr for reactive organic 19 compounds; and 20 (E) reduces the emissions of the auxiliary 21 engine and boiler of an ocean-going vessel at 22 berth by at least 80 percent of the default emis- 23 sions rate, which is 13.8 g. 24 VerDate Sep 11 2014 00:25 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4046.IS S4046 kjohnson on DSK79L0C42PROD with BILLS 11 •S 4046 IS (4) CRITERIA POLLUTANT.—The term ‘‘criteria 1 pollutant’’ means each of the following: 2 (A) Ground-level ozone. 3 (B) Particulate matter. 4 (C) Carbon monoxide. 5 (D) Lead. 6 (E) Sulfur dioxide. 7 (F) Nitrogen dioxide. 8 (5) DISTRIBUTED ENERGY RESOURCE.— 9 (A) IN GENERAL.—The term ‘‘distributed 10 energy resource’’ means an energy resource 11 that— 12 (i) is located on or near a customer 13 site; 14 (ii) is operated on the customer side 15 of the electric meter; and 16 (iii) is interconnected with the electric 17 grid. 18 (B) INCLUSIONS.—The term ‘‘distributed 19 energy resource’’ includes— 20 (i) clean electric generation; 21 (ii) customer electric efficiency meas- 22 ures; 23 (iii) electric demand flexibility; and 24 (iv) energy storage. 25 VerDate Sep 11 2014 00:25 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4046.IS S4046 kjohnson on DSK79L0C42PROD with BILLS 12 •S 4046 IS (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 1 ty’’ means— 2 (A) a port authority; 3 (B) a State, regional, local, or Tribal agen- 4 cy that has jurisdiction over a port authority or 5 a port; 6 (C) an air pollution control district or air 7 quality management district; or 8 (D) a private or nonprofit entity, applying 9 for a grant awarded under this section in col- 10 laboration with another entity described in sub- 11 paragraphs (A) through (C), that owns or uses 12 cargo or transportation equipment at a port. 13 (7) ENERGY STORAGE SYSTEM.—The term ‘‘en- 14 ergy storage system’’ means a system, equipment, 15 facility, or technology that— 16 (A) is capable of absorbing energy, storing 17 energy for a period of time, and dispatching the 18 stored energy; and 19 (B) uses a mechanical, electrical, chemical, 20 electrochemical, or thermal process to store en- 21 ergy that— 22 (i) was generated at an earlier time 23 for use at a later time; or 24 VerDate Sep 11 2014 00:25 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4046.IS S4046 kjohnson on DSK79L0C42PROD with BILLS 13 •S 4046 IS (ii) was generated from a mechanical 1 process, and would otherwise be wasted, 2 for delivery at a later time. 3 (8) FULLY AUTOMATED CARGO HANDLING 4 EQUIPMENT.—The term ‘‘fully automated cargo 5 handling equipment’’ means cargo handling equip- 6 ment that— 7 (A) is remotely operated or remotely mon- 8 itored; and 9 (B) with respect to the use of such equip- 10 ment, does not require the exercise of human 11 intervention or control. 12 (9) NONATTAINMENT AREA.—The term ‘‘non- [Text truncated for display. 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