I 111th CONGRESS 1st Session H. R. 3446 IN THE HOUSE OF REPRESENTATIVES July 31, 2009 Ms. Richardson introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for a competitive program making grants to seaport governing bodies for the acquisition of fuel efficient and low-emission equipment and systems at port facilities.

1.

Short title

This Act may be cited as the Clean Low-Emission Authorization Nationwide (CLEAN) Ports Act of 2009.

2.

Findings

Congress finds the following: (1)According to the United States Census Bureau, United States ports handled $3.95 trillion in international trade for an all-encompassing range of goods and services in fiscal year 2007, with nearly 1.4 billion tons, valued at $1.4 trillion, in waterborne imports and exports alone. (2)According to the United States Census Bureau, United States ports generated more than $23.2 billion in United States Customs duty revenues in fiscal year 2007, representing 70 percent of all Customs duties collected. (3)According to the Environmental Protection Agency, the transportation sector accounted for about 27 percent of the total United States greenhouse gas emissions in 2003, up from 24.8 percent in 1990. (4)According to the California Air Resources Board’s Diesel Particulate Matter Exposure Assessment, which includes our Nation’s largest port complex, marine emissions account for 30 percent of all diesel particulate matter in California. (5)According to a 2009 report published in Environmental Science and Technology, at least 2,000 to 5,000 premature deaths per year in the continental United States are caused by particulate pollution from oceangoing vessels. (6)According to the Department of Energy, transportation energy use is expected to increase 48 percent between 2003 and 2025, despite modest improvements in the efficiency of vehicle engines. (7)According to a recent study conducted by the National Oceanic and Atmospheric Administration, it is estimated that 0.9 teragrams, or about 2.2 million pounds, of particle pollution are emitted each year from shipping vessels on a global basis. (8)Using on-dock clean technologies such as smoke stack filtration, cold ironing, and low-emission port vehicles can remove up to 95 percent of nitrogen oxides, sulfur oxides, and particulate matter from the engines and boilers of vessels while at berth. (9)Using low-emission rail yard locomotives can cut air emissions by up to 80 percent and reduce diesel fuel use by 16 percent compared to conventional diesel-powered locomotives used in switching service. (10)In the past years, the Nation’s busiest port complex, the Ports of Los Angeles and Long Beach, have achieved major pollution reductions through the implementation of clean port technologies. Examples include the percent of vessel calls that switched to a cleaner fuel for auxiliary engines at berth, 100 percent in 2007 as compared to 14 percent in 2005, and over 30 percent reduction in particulate matter emissions in just two years. Both ports are on target of cutting diesel-related particulate matter (PM) pollution by more than 47 percent, sulfur oxides (SOx) by more than 52 percent, and smog forming nitrogen oxide (NOx) emissions by more than 45 percent within the next five years. (11)It is in the national interest of the United States to encourage and facilitate the acquisition and use of fuel efficient and low emission technologies and vehicles to reduce fuel use and pollution at and near ports, and enact environmentally friendly shipping regulations such as lowering vessel speeds coming into and out of ports, which mitigate the environmental damage to the air quality in and around America’s port communities.

3.

Clean technology and vehicles at seaports

(a)

Competitive grants

(1)

In general

The Secretary of Transportation shall develop and administer competitive grants for seaport governing bodies, including harbor commissions and port authorities. (2)

Eligibility

To be eligible for a grant under paragraph (1), a seaport governing body shall— (A)demonstrate to the Secretary the need for the grant; (B)demonstrate how the funding will be used; (C)specify what environmental, air quality, and fuel use reduction benefits will result from the project for which the funding is sought; and (D)specify how the programs or equipment will work, including the amount of the grant funding that would be distributed to each project. (3)

Preference

In awarding grants under this section, the Secretary shall give preference to seaport governing bodies who can demonstrate a pattern of successful implementation of energy use and pollution reduction activities. (b)

Purposes

Funds made available under this section may be used for the following purposes: (1)

Maritime purposes

(A)The purchase of low-sulfur burning fuels to be used within a 40 mile radius of seaports. (B)The purchase of smokestack filtration systems to be used on vessel smokestacks while at berth. (C)The purchase of Cold-ironing or Ship-to-Shore electrical power equipment to plug into vessels while at berth. (D)The purchase of hybrid tug boats. (2)

On-dock transportation

(A)The building or expansion of preexisting on-dock rail systems. (B)The purchase of low-emission rail yard locomotives. (C)The purchase or retrofit of fuel efficient or low-carbon emitting port vehicles such as trucks, forklifts, and front-end loaders. (D)The purchase of diesel-electric container yard cranes. (3)

Research and development

Up to 10 percent of the amounts appropriated for carrying out this section may be used to fund research and development of fuel efficient port vehicle or vessel technologies that— (A)reduce carbon dioxide emissions; (B)increase fuel efficiency in local port fleets; and (C)lead to the increased production of fuel efficient or clean vehicles from the American manufacturing industry. (4)

Monitoring equipment

The purchase or retrofitting of preexisting air monitoring equipment that measures the level of air pollution such as sulfur dioxide, nitrogen dioxide, and carbon monoxide in and around ports. (c)

Federal share

The Federal share of the cost of activities for which a grant is made under this section shall not exceed 90 percent. (d)

Application for grants

The Secretary of Transportation shall develop an application process for grants under this section within 120 days after the date of enactment of this Act. (e)

Report to Congress

Not later than December 31, 2011, and annually thereafter during the term of the competitive grant program, the Secretary of Transportation shall submit to Congress a report on applications submitted, activities approved for funding, and the results of the competitive grant program, including the effects of the program on mitigating environmental damage. (f)

Authorization of appropriations

There are authorized to be appropriated to the Secretary such sums as may be necessary for carrying out this section.