Climate Action Planning for Ports Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7304 To authorize the Administrator of the Environmental Protection Agency to award grants to eligible entities to reduce greenhouse gas emissions at ports, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 24, 2020 Ms. BLUNT ROCHESTER introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To authorize the Administrator of the Environmental Protec- tion Agency to award grants to eligible entities to reduce greenhouse gas emissions at ports, 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 Action Plan- 4 ning for Ports Act of 2020’’. 5 VerDate Sep 11 2014 04:35 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7304.IH H7304 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 7304 IH SEC. 2. GRANTS TO REDUCE GREENHOUSE GAS EMISSIONS 1 AT PORTS. 2 (a) GRANTS.—The Administrator of the Environ- 3 mental Protection Agency may award grants to eligible en- 4 tities— 5 (1) to implement plans to reduce greenhouse 6 gas emissions at one or more ports or port facilities 7 within the jurisdictions of the respective eligible enti- 8 ties; and 9 (2) to develop climate action plans described in 10 subsection (b)(2). 11 (b) APPLICATION.— 12 (1) IN GENERAL.—To seek a grant under this 13 section, an eligible entity shall submit an application 14 to the Administrator of the Environmental Protec- 15 tion Agency at such time, in such manner, and con- 16 taining such information and assurances as the Ad- 17 ministrator may require. 18 (2) CLIMATE ACTION PLAN.—At a minimum, 19 each such application shall contain— 20 (A) a detailed and strategic plan, to be 21 known as a climate action plan, that outlines 22 how the eligible entity will develop and imple- 23 ment climate change mitigation or adaptation 24 measures through the grant; or 25 VerDate Sep 11 2014 04:35 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7304.IH H7304 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 7304 IH (B) a request pursuant to subsection 1 (a)(2) for funding for the development of a cli- 2 mate action plan. 3 (3) REQUIRED COMPONENTS.—A climate action 4 plan under paragraph (2) shall demonstrate that the 5 measures proposed to be implemented through the 6 grant— 7 (A) will reduce greenhouse gas emissions 8 at the port or port facilities involved pursuant 9 to greenhouse gas emission reduction goals set 10 forth in the climate action plan; 11 (B) will reduce other air pollutants at the 12 port or port facilities involved pursuant to cri- 13 teria pollutant emission reduction goals set 14 forth in the climate action plan; 15 (C) will implement emissions accounting 16 and inventory practices to determine baseline 17 emissions and measure progress; and 18 (D) will ensure labor protections for work- 19 ers employed directly at the port or port facili- 20 ties involved, including by— 21 (i) demonstrating that implementation 22 of the measures proposed to be imple- 23 mented through the grant will not result in 24 VerDate Sep 11 2014 04:35 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7304.IH H7304 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 7304 IH a net loss of jobs at the port or port facili- 1 ties involved; 2 (ii) ensuring that laborers and me- 3 chanics employed by contractors and sub- 4 contractors on construction projects to im- 5 plement the plan will be paid wages not 6 less than those prevailing on similar con- 7 struction in the locality, as determined by 8 the Secretary of Labor under sections 9 3141 through 3144, 3146, and 3147 of 10 title 40, United States Code; and 11 (iii) requiring any projects initiated to 12 carry out the plan with total capital costs 13 of $1,000,000 or greater to utilize a 14 project labor agreement and not impact 15 any preexisting project labor agreement. 16 (4) OTHER COMPONENTS.—In addition to the 17 components required by paragraph (3), a climate ac- 18 tion plan under paragraph (2) shall demonstrate 19 that the measures proposed to be implemented 20 through the grant will do at least two of the fol- 21 lowing: 22 (A) Improve energy efficiency at a port or 23 port facility, including by using— 24 VerDate Sep 11 2014 04:35 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7304.IH H7304 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 7304 IH (i) energy-efficient vehicles, such as 1 hybrid, low-emission, or zero-emission vehi- 2 cles; 3 (ii) energy efficient cargo-handling, 4 harbor vessels, or storage facilities such as 5 energy-efficient refrigeration equipment; 6 (iii) energy-efficient lighting; 7 (iv) shore power; or 8 (v) other energy efficiency improve- 9 ments. 10 (B) Deploy technology or processes that 11 reduce idling of vehicles at a port or port facil- 12 ity. 13 (C) Reduce the direct emissions of green- 14 house gases and other air pollutants with a goal 15 of achieving zero emissions, including by replac- 16 ing and retrofitting equipment (including vehi- 17 cles onsite, cargo-handling equipment, or harbor 18 vessels) at a port or port facility. 19 (5) PROHIBITED USE.—An eligible entity may 20 not use a grant provided under this section— 21 (A) to purchase fully automated cargo han- 22 dling equipment; 23 VerDate Sep 11 2014 04:35 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7304.IH H7304 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 7304 IH (B) to build, or plan to build, terminal in- 1 frastructure that is designed for fully auto- 2 mated cargo handling equipment; 3 (C) to purchase, test, or develop highly 4 automated trucks, chassis, or any related equip- 5 ment that can be used to transport container- 6 ized freight; or 7 (D) to extend to any independent con- 8 tractor, independent owner, operator, or other 9 entity that is not using employees for the sake 10 of performing work on terminal grounds. 11 (6) COORDINATION WITH STAKEHOLDERS.—In 12 developing a climate action plan under paragraph 13 (2), an eligible entity shall— 14 (A) identify and collaborate with stake- 15 holders who may be affected by the plan, in- 16 cluding local environmental justice communities 17 and other near-port communities; 18 (B) address the potential cumulative ef- 19 fects of the plan on stakeholders when those ef- 20 fects may have a community-level impact; and 21 (C) ensure effective advance communica- 22 tion with stakeholders to avoid and minimize 23 conflicts. 24 VerDate Sep 11 2014 04:35 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7304.IH H7304 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 7304 IH (c) PRIORITY.—In awarding grants under this sec- 1 tion, the Administrator of the Environmental Protection 2 Agency shall give priority to applicants proposing— 3 (1) to strive for zero emissions as a key strat- 4 egy within the grantee’s climate action plan under 5 paragraph (2); 6 (2) to take a regional approach to reducing 7 greenhouse gas emissions at ports; 8 (3) to collaborate with near-port communities to 9 identify and implement mutual solutions to reduce 10 air pollutants at ports or port facilities affecting 11 such communities, with emphasis given to implemen- 12 tation of such solutions in near-port communities 13 that are environmental justice communities; 14 (4) to implement activities with off-site benefits, 15 such as by reducing air pollutants from vehicles, 16 equipment, and vessels at sites other than the port 17 or port facilities involved; and 18 (5) to reduce localized health risk pursuant to 19 health risk reduction goals that are set within the 20 grantee’s climate action plan under paragraph (2). 21 (d) MODEL METHODOLOGIES.—The Administrator 22 of the Environmental Protection Agency shall— 23 (1) develop model methodologies which grantees 24 under this section may choose to use for emissions 25 VerDate Sep 11 2014 04:35 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7304.IH H7304 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 7304 IH accounting and inventory practices referred to in 1 subsection (b)(3)(C); and 2 (2) ensure that such methodologies are designed 3 to measure progress in reducing air pollution at 4 near-port communities. 5 (e) DEFINITIONS.—In this section: 6 (1) The term ‘‘Administrator’’ means the Ad- 7 ministrator of the Environmental Protection Agency. 8 (2) The term ‘‘cargo-handling equipment’’ in- 9 cludes— 10 (A) ship-to-shore container cranes and 11 other cranes; 12 (B) container-handling equipment; and 13 (C) equipment for moving or handling 14 cargo, including trucks, reachstackers, topload- 15 ers, and forklifts. 16 (3) The term ‘‘eligible entity’’ means— 17 (A) a port authority; 18 (B) a State, regional, local, or Tribal agen- 19 cy that has jurisdiction over a port authority or 20 a port; 21 (C) an air pollution control district; or 22 (D) a private entity (including any non- 23 profit organization) that— 24 VerDate Sep 11 2014 04:35 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7304.IH H7304 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 7304 IH (i) applies for a grant under this sec- 1 tion in collaboration with an entity de- 2 scribed in subparagraph (A), (B), or (C); 3 and 4 (ii) owns, operates, or uses a port fa- 5 cility, cargo equipment, transportation 6 equipment, related technology, or a ware- 7 house facility at a port or port facility. 8 (4) The term ‘‘environmental justice commu- 9 nity’’ means a community with significant represen- 10 tation of communities of color, low-income commu- 11 nities, or Tribal and indigenous communities, that 12 experiences, or is at risk of experiencing, higher or 13 more adverse human health or environmental effects. 14 (5) The term ‘‘harbor vessel’’ includes a ship, 15 boat, lighter, or maritime vessel designed for service 16 at and around harbors and ports. 17 (6) The term ‘‘inland port’’ means a logistics or 18 distribution hub that is located inland from navi- 19 gable waters, where cargo, such as break-bulk cargo 20 or cargo in shipping containers, is processed, stored, 21 and transferred between trucks, rail cars, or air- 22 craft. 23 (7) The term ‘‘port’’ includes an inland port. 24 (8) The term ‘‘stakeholder’’— 25 VerDate Sep 11 2014 04:35 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7304.IH H7304 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 7304 IH (9) The term ‘‘stakeholder’’ means residents, 1 community groups, businesses, business owners, 2 labor unions, commission members, or groups from 3 which a near-port community draws its resources 4 that— 5 (A) have interest in the climate action plan 6 of a grantee under this section; or 7 (B) can affect or be affected by the objec- 8 tives and policies of such a climate action plan. 9 (f) AUTHORIZATION OF APPROPRIATIONS.— 10 (1) IN GENERAL.—To carry out this Act, there 11 is authorized to be appropriated $250,000,000 for 12 each of fiscal years 2021 through 2025. 13 (2) DEVELOPMENT OF CLIMATE ACTION 14 PLANS.—In addition to the authorization of appro- 15 priations in paragraph (1), there is authorized to be 16 appropriated for grants pursuant to subsection 17 (a)(2) to develop climate action plans $50,000,000 18 for fiscal year 2021, to remain available until ex- 19 pended. 20 Æ VerDate Sep 11 2014 04:35 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H7304.IH H7304 kjohnson on DSK79L0C42PROD with BILLS