[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4046 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4046

 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 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 emissions port equipment and 
                  technology, 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 ``Climate Smart Ports Act''.

SEC. 2. CLIMATE SMART PORTS GRANT PROGRAM.

    (a) Establishment.--Not later than 6 months after the date of 
enactment of this section, the Administrator shall establish a program 
to award grants to eligible entities to purchase, and as applicable 
install, zero emissions port equipment and technology.
    (b) Use of Grants.--
            (1) In general.--An eligible entity may use a grant awarded 
        under this section to purchase, and as applicable install, zero 
        emissions port equipment and technology.
            (2) Prohibited use.--
                    (A) In general.--An eligible entity may not use a 
                grant awarded under this section to purchase or install 
                fully automated cargo handling equipment or terminal 
                infrastructure that is designed for fully automated 
                cargo handling equipment.
                    (B) Human-operated zero emissions port equipment 
                and technology.--Nothing in subparagraph (A) prohibits 
                an eligible entity from using a grant awarded under 
                this section to purchase human-operated zero emissions 
                port equipment and technology or infrastructure that 
                supports such human-operated zero emissions port 
                equipment and technology.
            (3) Cost share.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an eligible entity may not use a grant awarded 
                under this section to cover more than 70 percent of the 
                cost of purchasing, and as applicable installing, zero 
                emissions port equipment and technology.
                    (B) Certain grants.--With respect to a grant in an 
                amount equal to or greater than $3,000,000, an eligible 
                entity may use such grant to cover not more than 85 
                percent of the cost of purchasing and installing zero 
                emissions port equipment and technology if such 
                eligible entity certifies to the Administrator that--
                            (i) such grant will be used, at least in 
                        part, to employ laborers or mechanics to 
                        install zero emissions port equipment and 
                        technology; and
                            (ii) such eligible entity is a party to a 
                        project labor agreement or requires that each 
                        subgrantee of such eligible entity, and any 
                        subgrantee thereof at any tier, that performs 
                        such installation participate in a project 
                        labor agreement.
            (4) Project labor.--An eligible entity that uses a grant 
        awarded under this section to install zero emissions port 
        equipment and technology shall ensure, to the greatest extent 
        practicable, that any subgrantee of such eligible entity, and 
        any subgrantee thereof at any tier, that carries out such 
        installation employs laborers or mechanics for such 
        installation that--
                    (A) are domiciled not further than 50 miles from 
                such installation;
                    (B) are members of the Armed Forces serving on 
                active duty, separated from active duty, or retired 
                from active duty;
                    (C) have been incarcerated or served time in a 
                juvenile detention facility; or
                    (D) have a disability.
    (c) Wages.--
            (1) In general.--All laborers and mechanics employed by a 
        subgrantee of an eligible entity, and any subgrantee thereof at 
        any tier, to perform construction, alteration, installation, or 
        repair work that is assisted, in whole or in part, by a grant 
        awarded under this section shall be paid wages at rates not 
        less than those prevailing on similar construction, alteration, 
        installation, or repair work in the locality as determined by 
        the Secretary of Labor in accordance with subchapter IV of 
        chapter 31 of title 40, United States Code.
            (2) Labor standards.--With respect to the labor standards 
        in this subsection, the Secretary of Labor shall have the 
        authority and functions set forth in Reorganization Plan 
        Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
        3145 of title 40, United States Code.
    (d) Application.--
            (1) In general.--To be eligible to be awarded a grant under 
        this section, an eligible entity shall submit to the 
        Administrator an application at such time, in such manner, and 
        containing such information as the Administrator may require.
            (2) Priority.--The Administrator shall prioritize awarding 
        grants under this section to eligible entities based on the 
        following:
                    (A) The degree to which the proposed use of the 
                grant will--
                            (i) reduce greenhouse gas emissions;
                            (ii) reduce emissions of any criteria 
                        pollutant and precursor thereof;
                            (iii) reduce hazardous air pollutant 
                        emissions; and
                            (iv) reduce public health disparities in 
                        communities that receive a disproportionate 
                        quantity of air pollution from a port.
                    (B) The amount of matching, non-Federal funds 
                expected to be used by an applicant to purchase, and as 
                applicable install, zero emissions port equipment and 
                technology.
                    (C) Whether the applicant will use such grant to 
                purchase, and as applicable install, zero emissions 
                port equipment and technology that is produced in the 
                United States.
                    (D) As applicable, whether the applicant will meet 
                the utilization requirements for registered apprentices 
                established by the Secretary of Labor or a State 
                Apprenticeship Agency.
                    (E) As applicable, whether the applicant will 
                recruit and retain skilled workers through a State-
                approved joint labor management apprenticeship program.
    (e) Outreach.--
            (1) In general.--Not later than 90 days after funds are 
        made available to carry out this section, the Administrator 
        shall develop and carry out an educational outreach program to 
        promote and explain the grant program established under 
        subsection (a) to prospective grant recipients.
            (2) Program components.--In carrying out the outreach 
        program developed under paragraph (1), the Administrator 
        shall--
                    (A) inform prospective grant recipients how to 
                apply for a grant awarded under this section;
                    (B) describe to prospective grant recipients the 
                benefits of available zero emissions port equipment and 
                technology;
                    (C) explain to prospective grant recipients the 
                benefits of participating in the grant program 
                established under this section; and
                    (D) facilitate the sharing of best practices and 
                lessons learned between grant recipients and 
                prospective grant recipients with respect to how to 
                apply for and use grants awarded under this section.
    (f) Reports.--
            (1) Report to administrator.--Not later than 90 days after 
        the date on which an eligible entity uses a grant awarded under 
        this section, such eligible entity shall submit to the 
        Administrator a report containing such information as the 
        Administrator shall require.
            (2) Annual report to congress.--Not later than January 31, 
        2021, and annually thereafter, the Administrator shall submit 
        to Congress and make available on the website of the 
        Environmental Protection Agency a report that includes, with 
        respect to each grant awarded under this section during the 
        preceding calendar year--
                    (A) the name and location of the eligible entity 
                that was awarded such grant;
                    (B) the amount of such grant that the eligible 
                entity was awarded;
                    (C) the name and location of the port where the 
                zero emissions port equipment and technology that was 
                purchased, and as applicable installed, with such grant 
                is used;
                    (D) an estimate of the impact of such zero 
                emissions port equipment and technology on reducing--
                            (i) greenhouse gas emissions;
                            (ii) emissions of criteria pollutants and 
                        precursors thereof;
                            (iii) hazardous air pollutant emissions; 
                        and
                            (iv) public health disparities; and
                    (E) any other information the Administrator 
                determines necessary to understand the impact of grants 
                awarded under this section.
    (g) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $1,000,000,000 for each of fiscal years 
        2021 through 2030.
            (2) Nonattainment areas.--To the extent practicable, at 
        least 25 percent of amounts made available to carry out this 
        section in each fiscal year shall be used to award grants to 
        eligible entities to provide zero emissions port equipment and 
        technology to ports that are in nonattainment areas.
    (h) Definitions.--In this section:
            (1) Active duty.--The term ``active duty'' has the meaning 
        given such term in section 101 of title 10, United States Code.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (3) Alternative emissions control technology.--The term 
        ``alternative emissions control technology'' means a 
        technology, technique, or measure that--
                    (A) captures the emissions of nitrogen oxide, 
                particulate matter, reactive organic compounds, and 
                greenhouse gases from the auxiliary engine and 
                auxiliary boiler of an ocean-going vessel at berth;
                    (B) is verified or approved by a State or Federal 
                air quality regulatory agency;
                    (C) the use of which achieves at least the 
                equivalent reduction of emissions as the use of shore 
                power for an ocean-going vessel at berth;
                    (D) the use of which results in reducing emissions 
                of the auxiliary engine of an ocean-going vessel at 
                berth to a rate of less than--
                            (i) 2.8 g/kW-hr for nitrogen oxide;
                            (ii) 0.03 g/kW-hr for particulate matter 
                        2.5; and
                            (iii) 0.1 g/kW-hr for reactive organic 
                        compounds; and
                    (E) reduces the emissions of the auxiliary engine 
                and boiler of an ocean-going vessel at berth by at 
                least 80 percent of the default emissions rate, which 
                is 13.8 g.
            (4) Criteria pollutant.--The term ``criteria pollutant'' 
        means each of the following:
                    (A) Ground-level ozone.
                    (B) Particulate matter.
                    (C) Carbon monoxide.
                    (D) Lead.
                    (E) Sulfur dioxide.
                    (F) Nitrogen dioxide.
            (5) Distributed energy resource.--
                    (A) In general.--The term ``distributed energy 
                resource'' means an energy resource that--
                            (i) is located on or near a customer site;
                            (ii) is operated on the customer side of 
                        the electric meter; and
                            (iii) is interconnected with the electric 
                        grid.
                    (B) Inclusions.--The term ``distributed energy 
                resource'' includes--
                            (i) clean electric generation;
                            (ii) customer electric efficiency measures;
                            (iii) electric demand flexibility; and
                            (iv) energy storage.
            (6) Eligible entity.--The term ``eligible entity'' means--
                    (A) a port authority;
                    (B) a State, regional, local, or Tribal agency that 
                has jurisdiction over a port authority or a port;
                    (C) an air pollution control district or air 
                quality management district; or
                    (D) a private or nonprofit entity, applying for a 
                grant awarded under this section in collaboration with 
                another entity described in subparagraphs (A) through 
                (C), that owns or uses cargo or transportation 
                equipment at a port.
            (7) Energy storage system.--The term ``energy storage 
        system'' means a system, equipment, facility, or technology 
        that--
                    (A) is capable of absorbing energy, storing energy 
                for a period of time, and dispatching the stored 
                energy; and
                    (B) uses a mechanical, electrical, chemical, 
                electrochemical, or thermal process to store energy 
                that--
                            (i) was generated at an earlier time for 
                        use at a later time; or
                            (ii) was generated from a mechanical 
                        process, and would otherwise be wasted, for 
                        delivery at a later time.
            (8) Fully automated cargo handling equipment.--The term 
        ``fully automated cargo handling equipment'' means cargo 
        handling equipment that--
                    (A) is remotely operated or remotely monitored; and
                    (B) with respect to the use of such equipment, does 
                not require the exercise of human intervention or 
                control.
            (9) Nonattainment area.--The term ``nonattainment area'' 
        has the meaning given such term in section 171 of the Clean Air 
        Act (42 U.S.C. 7501).
            (10) Port.--The term ``port'' includes a maritime port and 
        an inland port.
            (11) Port authority.--The term ``port authority'' means a 
        governmental or quasi-governmental authority formed by a 
        legislative body to operate a port.
            (12) Project labor agreement.--The term ``project labor 
        agreement'' means a pre-hire collective bargaining agreement 
        with one or more labor organization that establishes the terms 
        and conditions of employment for a specific construction 
        project and is described in section 8(f) of the National Labor 
        Relations Act (29 U.S.C. 158(f)).
            (13) Registered apprentice.--The term ``registered 
        apprentice'' means a person who is participating in a 
        registered apprenticeship program.
            (14) Registered apprenticeship program.--The term 
        ``registered apprenticeship program'' means a program 
        registered pursuant to the Act of August 16, 1937 (commonly 
        known as the ``National Apprenticeship Act''; 50 Stat. 664, 
        chapter 663; 29 U.S.C. 50 et seq.).
            (15) Shore power.--The term ``shore power'' means the 
        provision of shoreside electrical power to a ship at berth that 
        has shut down main and auxiliary engines.
            (16) State apprenticeship agency.--The term ``State 
        Apprenticeship Agency'' has the meaning given such term in 
        section 29.2 of title 29, Code of Federal Regulations (as in 
        effect on January 1, 2020).
            (17) Zero emissions port equipment and technology.--
                    (A) In general.--The term ``zero emissions port 
                equipment and technology'' means equipment and 
                technology, including the equipment and technology 
                described in subparagraph (B), that--
                            (i) is used at a port; and
                            (ii)(I) produces zero exhaust emissions 
                        of--
                                    (aa) any criteria pollutant and 
                                precursor thereof; and
                                    (bb) any greenhouse gas, other than 
                                water vapor; or
                            (II) captures 100 percent of the exhaust 
                        emissions produced by an ocean-going vessel at 
                        berth.
                    (B) Equipment and technology described.--The 
                equipment and technology described in this subparagraph 
                is the following:
                            (i) Any equipment that handles cargo.
                            (ii) A drayage truck that transports cargo.
                            (iii) A train that transports cargo.
                            (iv) Port harbor craft.
                            (v) A distributed energy resource.
                            (vi) An energy storage system.
                            (vii) Electrical charging infrastructure.
                            (viii) Shore power or an alternative 
                        emissions control technology.
                            (ix) An electric transport refrigeration 
                        unit.

SEC. 3. ENERGY POLICY ACT OF 2005 AUTHORIZATION OF APPROPRIATIONS FOR 
              PORT AUTHORITIES.

    Section 797 of the Energy Policy Act of 2005 (42 U.S.C. 16137) is 
amended by adding at the end the following:
    ``(c) Port Authorities.--There is authorized to be appropriated 
$50,000,000 for each of fiscal years 2021 through 2025 to award grants, 
rebates, or loans, under section 792, to eligible entities to carry out 
projects that reduce emissions at ports.''.
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