[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1750 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1750
To establish the Clean School Bus Grant Program, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 5, 2019
Ms. Harris (for herself, Mr. Merkley, Mr. Booker, Ms. Smith, Mr.
Sanders, and Ms. Cortez Masto) introduced the following bill; which was
read twice and referred to the Committee on Energy and Natural
Resources
_______________________________________________________________________
A BILL
To establish the Clean School Bus Grant Program, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean School Bus Act of 2019''.
SEC. 2. CLEAN SCHOOL BUS GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Electric school bus.--The term ``electric school bus''
means a school bus that is propelled--
(A) to a significant extent by an electric motor
that--
(i) draws electricity from a battery; and
(ii) is capable of being recharged from an
external source of electricity; or
(B) by 1 or more hydrogen fuel cells.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) 1 or more local, regional, or State
governmental entities responsible for--
(i) providing school bus service to 1 or
more public school systems; or
(ii) purchasing school buses for use by 1
or more public school systems;
(B) 1 or more contracting entities that provide
school bus service to 1 or more public school systems;
(C) a nonprofit school transportation association;
or
(D) a tribally controlled school (as defined in
section 5212 of the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2511)).
(3) Fuel cell.--The term ``fuel cell'' has the meaning
given the term in section 803 of the Energy Policy Act of 2005
(42 U.S.C. 16152).
(4) Program.--The term ``program'' means the Clean School
Bus Grant Program established under subsection (b)(1).
(5) School bus.--The term ``school bus'' has the meaning
given the term ``schoolbus'' in section 30125(a) of title 49,
United States Code.
(6) Scrap.--
(A) In general.--The term ``scrap'' means, with
respect to a school bus engine replaced using funds
awarded under the program, to recycle, crush, or shred
the engine within such period and in such manner as
determined by the Secretary.
(B) Exclusion.--The term ``scrap'' does not include
selling, leasing, exchanging, or otherwise disposing of
an engine described in subparagraph (A) for use in
another motor vehicle in any location.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Clean School Bus Grant Program.--
(1) Establishment.--The Secretary shall establish in the
Office of Energy Efficiency and Renewable Energy of the
Department of Energy a program, to be known as the ``Clean
School Bus Grant Program'', for awarding grants on a
competitive basis to eligible entities for the replacement of
certain existing school buses.
(2) Applications.--To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary shall require, including--
(A) a certification that no public work or service
normally performed by a public employee will be
privatized or subcontracted in carrying out a project
under the grant; and
(B) to ensure a fair assessment of total workforce
impact, a detailed accounting of the workforce of the
eligible entity at the time of application, including--
(i) the number of employees, organized by
salary;
(ii) the bargaining unit status of each
employee;
(iii) the full- or part-time status of each
employee; and
(iv) the job title of each employee.
(3) Priority of grant applications.--
(A) In general.--The Secretary shall give highest
priority under the program to proposed projects of
eligible entities that--
(i) serve the neediest students, as
described in subparagraph (B); and
(ii) will most reduce emissions, as
described in subparagraph (C).
(B) Neediest students described.--The neediest
students referred to in subparagraph (A)(i) are
students who are eligible for free or reduced price
lunches under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.).
(C) Most emissions-reducing projects described.--
The projects that will most reduce emissions referred
to in subparagraph (A)(ii) are projects that--
(i) will replace the most polluting diesel
school buses with the cleanest running electric
school buses, as indicated by--
(I) the age of the school buses to
be replaced;
(II) the emissions control
technologies on the school buses to be
replaced;
(III) the annual vehicle miles
traveled by the school buses to be
replaced;
(IV) the source of electricity or
hydrogen used to power the electric
school buses; and
(V) any other factors the Secretary
determines to be relevant; or
(ii) will complement the use of grant funds
through other activities that--
(I) will enable broader deployment
of electric vehicles, such as securing
additional sources of funding through
public-private partnerships with
utilities, grants from other entities,
or issuance of school bonds; or
(II) will achieve further
reductions in emissions, such as
installing solar panels to power
electric school buses purchased with
grant funds.
(D) Tie.--In the event that 2 or more eligible
entities seeking grants to purchase electric school
buses under the program meet the priorities described
in subparagraph (A), the Secretary may consider--
(i) whether the grant will benefit students
in a region that is in nonattainment of a
national ambient air quality standard under
section 109 of the Clean Air Act (42 U.S.C.
7409); and
(ii) whether the eligible entity, or
whether the school system or school that would
be served by the eligible entity, has taken
other action to reduce emissions during the
transportation of students, such as instituting
a no-idling policy.
(4) Use of school bus fleet.--Each electric school bus
acquired with funds provided under the program--
(A) shall be operated as part of the school bus
fleet for which the grant was made for not less than 5
years;
(B) shall be maintained, operated, and charged
according to manufacturer recommendations or State
requirements; and
(C) may not be manufactured or retrofitted with, or
otherwise have installed, a power unit or other
technology that creates air pollution within the school
bus, such as an unvented diesel passenger heater.
(5) Grant awards.--
(A) In general.--The Secretary may use funds made
available to carry out the program--
(i) to award grants for--
(I) the replacement of existing
diesel school bus fleets with electric
school buses;
(II) the implementation of
recharging infrastructure or other
infrastructure needed to charge or
maintain electric school buses;
(III) workforce development and
training, to support the maintenance,
charging, and operations of electric
school buses; and
(IV) planning and technical
activities to support the adoption and
implementation of electric school
buses; and
(ii) to develop resources to inform,
encourage, and support eligible entities in
applying for and fulfilling the requirements of
grants awarded under the program, including
materials to support the workforce development
and training described in clause (i)(III) and
the planning and technical activities described
in clause (i)(IV).
(B) Requirements.--In order to receive a grant
under the program, the Secretary shall--
(i) require that grant recipients--
(I) replace diesel school buses
with electric school buses;
(II)(aa) not later than 1 year
after receiving the electric school bus
purchased using a grant under the
program, scrap the diesel engine of the
school bus being replaced; or
(bb) receive a waiver under
paragraph (6);
(III) do not, as a result of
receiving the grant--
(aa) lay off, transfer, or
demote any current employee; or
(bb) reduce the salary or
benefits of any current
employee or worsen the
conditions of work of any
current employee; and
(IV) provide current employees with
training to effectively operate,
maintain, or otherwise adapt to new
technologies relating to electric
school buses; and
(ii) permit grant recipients to receive and
retain any funds or benefits received from--
(I) scrapping a diesel engine;
(II) transferring or repurposing a
diesel school bus as authorized under a
waiver under paragraph (6); and
(III) the resale or reuse of other
parts of a school bus replaced using
grant funds.
(C) Grant amounts.--
(i) Maximum amount.--The maximum amount of
a grant under the program is $2,000,000.
(ii) Amounts for purchase of electric
school buses.--
(I) In general.--For any grant
under the program, the amount of funds
awarded for the purchase of an electric
school bus shall not exceed 110 percent
of the amount equal to the difference
between--
(aa) the cost of an
electric school bus; and
(bb) the cost of a diesel
school bus.
(II) Determination of cost of
school buses.--In determining the
amount of funds under subclause (I),
the Secretary may determine the cost of
a school bus for the purpose of
calculating the marginal cost under
that subclause through--
(aa) a competitive
solicitation process for the
manufacture of the school bus;
(bb) a cooperative purchase
agreement permitted by the laws
of the State in which the grant
recipient is located; or
(cc) another method that
the Secretary determines to be
appropriate.
(iii) Amounts for supporting activities.--
For any grant under the program, the amount of
funds awarded for the purposes described in
subclauses (II) through (IV) of subparagraph
(A)(i), or other purposes related to those
subclauses, as determined by the Secretary,
shall not exceed $600,000.
(D) Buy america.--
(i) In general.--Except as provided in
clause (ii), any electric school bus purchased
using funds awarded under the program shall
comply with the requirements described in
section 5323(j) of title 49, United States
Code.
(ii) Exceptions.--
(I) Waiver.--The Secretary may
provide any waiver to the requirements
described in clause (i) in the same
manner and to the same extent as the
Secretary of Transportation may provide
a waiver under section 5323(j)(2) of
title 49, United States Code.
(II) Percentage of components and
subcomponents.--The Secretary may grant
a waiver in accordance with section
5323(j)(2)(C) of title 49, United
States Code, when a grant recipient
procures an electric school bus using
funds awarded under the program for
which the cost of components and
subcomponents produced in the United
States--
(aa) for each of fiscal
years 2020 through 2024, is
more than 60 percent of the
cost of all components of the
school bus; and
(bb) for fiscal year 2025
and each fiscal year
thereafter, is more than 70
percent of the cost of all
components of the school bus.
(6) Waiver.--On request of a grant recipient, the Secretary
may grant a waiver under paragraph (5)(B)(i)(II)(bb) to
authorize a grant recipient--
(A) to transfer a diesel school bus replaced using
grant funds under the program under an agreement--
(i) between--
(I) the grant recipient; and
(II) an entity described in
subsection (a)(2) that serves an area
that is in attainment of national
ambient air quality standards under the
Clean Air Act (42 U.S.C. 7401 et seq.);
(ii) that provides that--
(I) not later than 1 year after the
transfer subject to the agreement, the
entity receiving a school bus from the
grant recipient will scrap a number of
diesel engines of school buses that is
equal to the number of school buses
being received; and
(II) any diesel engines described
in subclause (I) are older and more
polluting than the diesel engines in
the school buses being received; and
(iii) provided to the Secretary; or
(B) to delay the requirement under paragraph
(5)(B)(i)(II)(aa) for not more than 3 years after
receiving the school bus purchased using a grant under
the program for the purpose of using the school bus
being replaced for a use determined by the Secretary to
be appropriate.
(7) Deployment and distribution.--In carrying out the
program, the Secretary shall, to the maximum extent
practicable--
(A) achieve nationwide deployment of electric
school buses through the program; and
(B) ensure a broad geographic distribution of grant
awards, with no State receiving more than 15 percent of
the grant funding made available to carry out the
program for each fiscal year.
(8) Annual reporting.--
(A) Data release.--The Secretary shall make
available to the public on the website of the
Department of Energy a downloadable electronic database
of information with respect to each grant made under
the program, including--
(i) the name and location of the grant
recipient;
(ii) the school district served by the
grant recipient, if the grant recipient is not
a school district;
(iii) the criteria that the grant recipient
met under subparagraphs (B), (C), and (D) of
paragraph (3), if any;
(iv) the grant amount, including a
description of the amounts of the grant used
for--
(I) the purchase of electric school
buses;
(II) the purchase of
infrastructure;
(III) workforce development;
(IV) the purchase of hydrogen or
electricity; and
(V) any other purpose;
(v) with respect to an electric school bus
purchased using a grant under the program, the
number, make and model, year of make, cost,
estimated annual vehicle miles to be traveled,
and estimated number of students to be
transported per day;
(vi) with respect to a school bus replaced
using a grant under the program, the number,
make and model, year of make, fuel type, annual
vehicle miles traveled, and the number of
students transported per day;
(vii) whether the grant recipient received
a waiver under paragraph (6) and, if the grant
recipient received such a waiver, with respect
to a school bus scrapped by the receiving
entity described in paragraph (6)(A), the
number, make and model, year of make, fuel
type, type of school bus, annual vehicle miles
traveled, and the number of students
transported per day;
(viii) an estimate of the local air
pollution emissions and global greenhouse gas
emissions avoided as a result of the grant; and
(ix) any other data determined by the
Secretary to enable an analysis of the use and
impact of grants under the program.
(B) Report to congress.--Not later than January 31
of each year, the Secretary shall submit to Congress
and make available on the website of the Department of
Energy a report that describes--
(i) the grant applications received under
the program, including a summary of the grant
applications meeting the criteria described in
subparagraphs (B), (C), and (D) of paragraph
(3), if any;
(ii) the grants awarded under the program,
including a summary of the data described in
subparagraph (A);
(iii) the effect of the receipt of the
grant on students, schools, local communities,
industry, and the workforce;
(iv) the impact of the awarded grants on
local air pollution and greenhouse gas
emissions; and
(v) any other information determined by the
Secretary to enable Congress to understand the
implementation, outcomes, and effectiveness of
the program.
(C) Report on buy america waivers.--Not later than
1 year after the date of enactment of this Act, and
annually thereafter, the Secretary shall submit a
report describing any waiver granted under paragraph
(5)(D)(ii)(I) during the preceding year to--
(i) the Committee on Environment and Public
Works of the Senate;
(ii) the Committee on Energy and Natural
Resources of the Senate;
(iii) the Committee on Transportation and
Infrastructure of the House of Representatives;
and
(iv) the Committee on Energy and Commerce
of the House of Representatives.
(c) Education.--
(1) In general.--Not later than 90 days after funds are
appropriated to carry out the Program, the Secretary shall
develop an education outreach program to promote and explain
the program.
(2) Coordination with stakeholders.--The outreach program
under this subsection shall be designed and conducted in
conjunction with national school bus transportation
associations, educators, school bus drivers, and other
stakeholders.
(3) Components.--The outreach program under this subsection
shall--
(A) inform eligible entities of the process of
applying for grants;
(B) describe the available technologies and the
benefits of the technologies;
(C) explain the benefits of participating in the
program;
(D) facilitate the sharing of best practices and
lessons learned among grant recipients and between
grant recipients and eligible entities; and
(E) include, as appropriate, information from the
annual reports required under subsection (b)(8).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the program $200,000,000 for
each of fiscal years 2020 through 2024, to remain available until
expended.
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