[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2721 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 2721

              To reauthorize the Clean School Bus Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 2021

  Mr. Cardenas (for himself and Mrs. Hayes) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
              To reauthorize the Clean School Bus Program.

    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 Commute for Kids Act of 
2021''.

SEC. 2. CLEAN SCHOOL BUS PROGRAM.

    (a) In General.--Section 741 of the Energy Policy Act of 2005 (42 
U.S.C. 16091) is amended to read as follows:

``SEC. 741. CLEAN SCHOOL BUS PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(2) Clean school bus.--The term `clean school bus' means 
        a school bus that is a zero-emission school bus.
            ``(3) Community of color.--The term `community of color' 
        means any geographically distinct area the population of color 
        of which is higher than the average population of color of the 
        State in which the community is located.
            ``(4) Eligible contractor.--The term `eligible contractor' 
        means a contractor that is a for-profit, not-for-profit, or 
        nonprofit entity that has the capacity--
                    ``(A) to sell clean school buses, or charging or 
                other equipment needed to charge or maintain clean 
                school buses, to individuals or entities that own a 
                school bus or fleet of school buses; or
                    ``(B) to arrange financing for such a sale.
            ``(5) Eligible recipient.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term `eligible recipient' means--
                            ``(i) 1 or more local or State governmental 
                        entities responsible for--
                                    ``(I) providing school bus service 
                                to 1 or more public school systems; or
                                    ``(II) the purchase of school 
                                buses;
                            ``(ii) a tribally controlled school (as 
                        defined in section 5212 of the Tribally 
                        Controlled Schools Act of 1988 (25 U.S.C. 
                        2511));
                            ``(iii) a nonprofit school transportation 
                        association; or
                            ``(iv) 1 or more contracting entities that 
                        provide school bus service to 1 or more public 
                        school systems.
                    ``(B) Special requirements.--In the case of 
                eligible recipients identified under clauses (iii) and 
                (iv) of subparagraph (A), the Administrator shall 
                establish timely and appropriate requirements for 
                notice and may establish timely and appropriate 
                requirements for approval by the public school systems 
                that would be served by buses purchased using award 
                funds made available under this section.
            ``(6) Indigenous community.--The term `indigenous 
        community' means--
                    ``(A) a federally recognized Indian Tribe;
                    ``(B) a State-recognized Indian Tribe;
                    ``(C) an Alaska Native or Native Hawaiian community 
                or organization; or
                    ``(D) any other community of indigenous people, 
                including communities in other countries.
            ``(7) Low income.--The term `low income' means an annual 
        household income equal to, or less than, the greater of--
                    ``(A) an amount equal to 80 percent of the median 
                income of the area in which the household is located, 
                as reported by the Department of Housing and Urban 
                Development; and
                    ``(B) 200 percent of the Federal poverty line.
            ``(8) Low-income community.--The term `low-income 
        community' means any census block group in which 30 percent or 
        more of the population are individuals with low income.
            ``(9) School bus.--The term `school bus' has the meaning 
        given the term `schoolbus' in section 30125(a) of title 49, 
        United States Code.
            ``(10) Scrap.--
                    ``(A) In general.--The term `scrap' means, with 
                respect to a school bus engine replaced using funds 
                awarded under this section, to recycle, crush, or shred 
                the engine within such period and in such manner as 
                determined by the Administrator.
                    ``(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.
            ``(11) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
            ``(12) Zero-emission school bus.--The term `zero-emission 
        school bus' means a school bus with a drivetrain that produces, 
        under any possible operational mode or condition, zero exhaust 
        emission of--
                    ``(A) any air pollutant that is listed pursuant to 
                section 108(a) of the Clean Air Act (42 U.S.C. 7408(a)) 
                (or any precursor to such an air pollutant); and
                    ``(B) any greenhouse gas.
    ``(b) Program for Replacement of Existing School Buses With Clean 
School Buses.--
            ``(1) Establishment.--The Administrator, in consultation 
        with the Secretary, shall establish a program for--
                    ``(A) making awards on a competitive basis of 
                grants, rebates, and low-cost revolving loans to 
                eligible recipients for the replacement of existing 
                school buses with clean school buses; and
                    ``(B) making awards of contracts to eligible 
                contractors for providing rebates and low-cost 
                revolving loans for the replacement of existing school 
                buses with clean school buses.
            ``(2) Applications.--An applicant for an award under this 
        section shall submit to the Administrator an application at 
        such time, in such manner, and containing such information as 
        the Administrator may require, including--
                    ``(A) a written assurance that--
                            ``(i) all laborers and mechanics employed 
                        by contractors or subcontractors during 
                        construction, alteration, or repair, or at any 
                        manufacturing operation, that is financed, in 
                        whole or in part, by an award under this 
                        section, shall be paid wages at rates not less 
                        than those prevailing in a similar firm or on 
                        similar construction in the locality, as 
                        determined by the Secretary of Labor in 
                        accordance with subchapter IV of chapter 31 of 
                        title 40, United States Code; and
                            ``(ii) the Secretary of Labor shall, with 
                        respect to the labor standards described in 
                        this clause, 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;
                    ``(B) a certification that no public work or 
                service normally performed by a public employee will be 
                privatized or subcontracted in carrying out a project 
                funded by the award;
                    ``(C) to ensure a fair assessment of workforce 
                impact related to an award under this section, a 
                detailed accounting with respect to relevant employees, 
                including employees in each of management, 
                administration, operations, and maintenance, of the 
                eligible recipient at the time of the 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; and
                    ``(D) a description of coordination and advance 
                planning with the local electricity provider.
            ``(3) Eligible manufacturers.--
                    ``(A) In general.--The Administrator shall maintain 
                and make publicly available a list of manufacturers of 
                clean school bus manufacturers from whom recipients of 
                awards under this section may order clean school buses.
                    ``(B) Criteria.--The Administrator shall establish 
                a process by which manufacturers may seek inclusion on 
                the list established pursuant to this subparagraph, 
                which process shall include the submission of such 
                information as the Administrator may require, 
                including--
                            ``(i) a disclosure of whether there has 
                        been any administrative merits determination, 
                        arbitral award or decision, or civil judgment, 
                        as defined in guidance issued by the Secretary 
                        of Labor, rendered against the manufacturer in 
                        the preceding 3 years for violations of 
                        applicable labor, employment, civil rights, or 
                        health and safety laws; and
                            ``(ii) specific information regarding the 
                        actions the manufacturer will take to 
                        demonstrate compliance with, and where possible 
                        exceedance of, requirements under applicable 
                        labor, employment, civil rights, and health and 
                        safety laws, and actions the manufacturer will 
                        take to ensure that its direct suppliers 
                        demonstrate compliance with applicable labor, 
                        employment, civil rights, and health and safety 
                        laws.
            ``(4) Priority of applications.----
                    ``(A) Highest priority.--In making awards under 
                paragraph (1), the Administrator shall give highest 
                priority to applicants that propose to replace school 
                buses that serve the highest number of students 
                (measured in absolute numbers or percentage of student 
                population) 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.).
                    ``(B) Additional priority.--In making awards under 
                paragraph (1), the Administrator shall give priority to 
                applicants that propose to complement the assistance 
                received through the award by securing additional 
                sources of funding for the activities supported through 
                the award, such as through--
                            ``(i) public-private partnerships with 
                        electric companies;
                            ``(ii) grants from other entities; or
                            ``(iii) issuance of school bonds.
            ``(5) Use of school bus fleet.--All clean school buses 
        acquired with funds provided under this section shall--
                    ``(A) be operated as part of the school bus fleet 
                for which the award was made for not less than 5 years;
                    ``(B) be maintained, operated, charged, and fueled 
                according to manufacturer recommendations or State 
                requirements; and
                    ``(C) 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.
            ``(6) Awards.--
                    ``(A) In general.--In making awards under paragraph 
                (1), the Administrator may make awards for up to 100 
                percent of the replacement costs for clean school 
                buses, provided that such replacement costs shall not 
                exceed 110 percent of the amount equal to the 
                difference between the cost of a clean school bus and 
                the cost of a diesel school bus.
                    ``(B) Structuring awards.--In making an award under 
                paragraph (1)(A), the Administrator shall decide 
                whether to award a grant, rebate, or low-cost revolving 
                loan, or a combination thereof, based primarily on--
                            ``(i) how best to facilitate replacing 
                        existing school buses with clean school buses; 
                        and
                            ``(ii) the preference of the eligible 
                        recipient.
                    ``(C) Included costs.--Awards under paragraph (1) 
                may pay for--
                            ``(i) acquisition and labor costs for 
                        charging or other infrastructure needed to 
                        charge or maintain clean school buses;
                            ``(ii) workforce development and training, 
                        to support the maintenance, charging, and 
                        operations of electric school buses; and
                            ``(iii) planning and technical activities 
                        to support the adoption and deployment of clean 
                        school buses.
                    ``(D) Exception.--In the case of awards under 
                paragraph (1) to eligible recipients described in 
                subsection (a)(5)(A)(iv), the Administrator may make 
                awards for up to 70 percent of the replacement costs 
                for clean school buses, except that if such a recipient 
                demonstrates, to the satisfaction of the Administrator, 
                that its labor standards are equal to or exceed those 
                of the public school system that would be served by the 
                clean school buses acquired with an award under this 
                section, the Administrator may make an award to such 
                recipient for up to 90 percent of the replacement costs 
                for clean school buses.
                    ``(E) Requirements.--The Administrator shall 
                require, as a condition of receiving an award under 
                this section, that award recipients--
                            ``(i) do not, as a result of receiving the 
                        award--
                                    ``(I) lay off, transfer, or demote 
                                any current employee; or
                                    ``(II) reduce the salary or 
                                benefits of any current employee or 
                                worsen the conditions of work of any 
                                current employee; and
                            ``(ii) provide current employees with 
                        training to effectively operate, maintain, or 
                        otherwise adapt to new technologies relating to 
                        clean school buses.
                    ``(F) Buy america.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), any clean school bus or electric 
                        vehicle supply equipment purchased using funds 
                        awarded under this section shall comply with 
                        the requirements described in section 5323(j) 
                        of title 49, United States Code.
                            ``(ii) Exceptions.--
                                    ``(I) Waiver.--The Administrator 
                                may provide a waiver to the 
                                requirements describe 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 Administrator may 
                                grant a waiver in accordance with 
                                section 5323(j)(2)(C) of title 49, 
                                United States Code, when a grant 
                                recipient procures a clean school bus 
                                or electric vehicle supply equipment 
                                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 2021 through 2025, is 
                                        more than 60 percent of the 
                                        cost of all components of the 
                                        clean 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 clean school 
                                        bus.
            ``(7) Deployment and distribution.--The Administrator 
        shall--
                    ``(A) to the maximum extent practicable, achieve 
                nationwide deployment of clean school buses through the 
                program under this section;
                    ``(B) ensure, as practicable, a broad geographic 
                distribution of awards under paragraph (1) each fiscal 
                year;
                    ``(C) solicit early applications for large-scale 
                deployments and, as soon as reasonably practicable, 
                award grants for at least one such large scale 
                deployment in a rural location and another in an urban 
                location, subject to the requirement that each such 
                award recipient--
                            ``(i) participate in the development of 
                        best practices, lessons learned, and other 
                        information sharing to guide the implementation 
                        of the award program, including relating to 
                        building out associated infrastructure; and
                            ``(ii) cooperate as specified in 
                        subparagraph (D); and
                    ``(D) develop, in cooperation with award 
                recipients, resources for future award recipients under 
                this section.
            ``(8) Scrappage.--
                    ``(A) In general.--The Administrator shall require 
                the recipient of an award under paragraph (1) to 
                verify, not later than 1 year after receiving a clean 
                school bus purchased using the award, that the engine 
                of the replaced school bus has been scrapped.
                    ``(B) Exception.--Subject to such conditions the 
                Administrator determines appropriate, giving 
                consideration to public health and reducing emissions 
                of pollutants, the Administrator may waive the 
                requirements of subparagraph (A) for school buses that 
                meet--
                            ``(i) the emission standards applicable to 
                        a new school bus as of the date of enactment of 
                        the Clean Commute for Kids Act of 2021; or
                            ``(ii) subsequent emission standards that 
                        are at least as stringent as the standards 
                        referred to in clause (i).
    ``(c) Education and Outreach.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of the Clean Commute for Kids Act of 2021, the 
        Administrator shall develop an education and outreach program 
        to promote and explain the award program under this section.
            ``(2) Coordination with stakeholders.--The education and 
        outreach program under paragraph (1) shall be designed and 
        conducted in conjunction with interested national school bus 
        transportation associations, labor unions, electric utilities, 
        manufacturers of clean school buses, manufacturers of 
        components of clean school buses, clean transportation 
        nonprofit organizations, and other stakeholders.
            ``(3) Components.--The education and outreach program under 
        paragraph (1) shall--
                    ``(A) inform, encourage, and support potential 
                award recipients on the process of applying for awards 
                and fulfilling the requirements of awards;
                    ``(B) describe the available technologies and the 
                benefits of the technologies;
                    ``(C) explain the benefits of participating in the 
                award program;
                    ``(D) make available information regarding best 
                practices, lessons learned, and technical and other 
                information regarding--
                            ``(i) clean school bus acquisition and 
                        deployment;
                            ``(ii) the build-out of associated 
                        infrastructure and advance planning with the 
                        local electricity supplier;
                            ``(iii) workforce development and training; 
                        and
                            ``(iv) any other information that, in the 
                        judgment of the Administrator, is relevant to 
                        transitioning to and deploying clean school 
                        buses;
                    ``(E) make available the information provided by 
                the Secretary pursuant to subsection (d);
                    ``(F) in consultation with the Secretary, make 
                information available about how clean school buses can 
                be part of building community resilience to the effects 
                of climate change; and
                    ``(G) include, as appropriate, information from the 
                annual report required under subsection (g).
    ``(d) DOE Assistance.--
            ``(1) Information gathering.--The Secretary shall gather, 
        and not less than annually share with the Administrator, 
        information regarding--
                    ``(A) vehicle-to-grid technology, including best 
                practices and use-case scenarios;
                    ``(B) the use of clean school buses for community 
                resilience; and
                    ``(C) technical aspects of clean school bus 
                management and deployment.
            ``(2) Technical assistance.--The Secretary shall, in 
        response to a request from the Administrator, or from an 
        applicant for or recipient of an award under this section, 
        provide technical assistance in the development of an 
        application for or the use of award funds.
    ``(e) Administrative Costs.--The Administrator may use, for the 
administrative costs of carrying out this section, not more than two 
percent of the amounts made available to carry out this section for any 
fiscal year.
    ``(f) Annual Report.--Not later than January 31 of each year, the 
Administrator shall submit to Congress a report that--
            ``(1) evaluates the implementation of this section;
            ``(2) describes--
                    ``(A) the total number of applications received for 
                awards under this section;
                    ``(B) the number of clean school buses requested in 
                such applications;
                    ``(C) the awards made under this section and the 
                criteria used to select the award recipients;
                    ``(D) the awards made under this section for 
                charging and fueling infrastructure;
                    ``(E) ongoing compliance with the commitments made 
                by manufacturers on the list maintained by the 
                Administrator under subsection (b)(3);
                    ``(F) the estimated effect of the awards under this 
                section on emission of air pollutants, including 
                greenhouse gases; and
                    ``(G) any other information the Administrator 
                considers appropriate; and
            ``(3) describes any waiver granted under subsection 
        (b)(5)(B) during the preceding year.
    ``(g) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to the Administrator to carry out this section, to remain 
        available until expended, $2,500,000,000 for each of fiscal 
        years 2022 through 2031.
            ``(2) Allocation.--Of the amount authorized to be 
        appropriated for carrying out this section for each fiscal 
        year, no less than $1,000,000,000 shall be used for awards 
        under this section to eligible recipients proposing to replace 
        school buses to serve a community of color, indigenous 
        community, low-income community, or any community located in an 
        air quality area designated pursuant to section 107 of the 
        Clean Air Act (42 U.S.C. 7407) as nonattainment.''.
    (b) Technical Amendment To Strike Redundant Authorization.--The 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (commonly referred to as ``SAFETEA-LU'') is amended--
            (1) by striking section 6015 (42 U.S.C. 16091a); and
            (2) in the table of contents in section 1(b) of such Act, 
        by striking the item relating to section 6015.
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