[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 862 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 862

 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

                            February 5, 2021

Ms. Blunt Rochester (for herself, Ms. Norton, Mr. McNerney, Ms. Lee of 
California, Ms. Jayapal, and Ms. Matsui) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 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.

    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 Action Planning for Ports 
Act of 2021''.

SEC. 2. GRANTS TO REDUCE GREENHOUSE GAS EMISSIONS AT PORTS.

    (a) Grants.--The Administrator of the Environmental Protection 
Agency may award grants to eligible entities--
            (1) to implement plans to reduce greenhouse gas emissions 
        at one or more ports or port facilities within the 
        jurisdictions of the respective eligible entities; and
            (2) to develop climate action plans described in subsection 
        (b)(2).
    (b) Application.--
            (1) In general.--To seek a grant under this section, an 
        eligible entity shall submit an application to the 
        Administrator of the Environmental Protection Agency at such 
        time, in such manner, and containing such information and 
        assurances as the Administrator may require.
            (2) Climate action plan.--At a minimum, each such 
        application shall contain--
                    (A) a detailed and strategic plan, to be known as a 
                climate action plan, that outlines how the eligible 
                entity will develop and implement climate change 
                mitigation or adaptation measures through the grant; or
                    (B) a request pursuant to subsection (a)(2) for 
                funding for the development of a climate action plan.
            (3) Required components.--A climate action plan under 
        paragraph (2) shall demonstrate that the measures proposed to 
        be implemented through the grant--
                    (A) will reduce greenhouse gas emissions at the 
                port or port facilities involved pursuant to greenhouse 
                gas emission reduction goals set forth in the climate 
                action plan;
                    (B) will reduce other air pollutants at the port or 
                port facilities involved pursuant to criteria pollutant 
                emission reduction goals set forth in the climate 
                action plan;
                    (C) will implement emissions accounting and 
                inventory practices to determine baseline emissions and 
                measure progress; and
                    (D) will ensure labor protections for workers 
                employed directly at the port or port facilities 
                involved, including by--
                            (i) demonstrating that implementation of 
                        the measures proposed to be implemented through 
                        the grant will not result in a net loss of jobs 
                        at the port or port facilities involved;
                            (ii) ensuring that laborers and mechanics 
                        employed by contractors and subcontractors on 
                        construction projects to implement the plan 
                        will be paid wages not less than those 
                        prevailing on similar construction in the 
                        locality, as determined by the Secretary of 
                        Labor under sections 3141 through 3144, 3146, 
                        and 3147 of title 40, United States Code; and
                            (iii) requiring any projects initiated to 
                        carry out the plan with total capital costs of 
                        $1,000,000 or greater to utilize a project 
                        labor agreement and not impact any preexisting 
                        project labor agreement.
            (4) Other components.--In addition to the components 
        required by paragraph (3), a climate action plan under 
        paragraph (2) shall demonstrate that the measures proposed to 
        be implemented through the grant will do at least two of the 
        following:
                    (A) Improve energy efficiency at a port or port 
                facility, including by using--
                            (i) energy-efficient vehicles, such as 
                        hybrid, low-emission, or zero-emission 
                        vehicles;
                            (ii) energy efficient cargo-handling, 
                        harbor vessels, or storage facilities such as 
                        energy-efficient refrigeration equipment;
                            (iii) energy-efficient lighting;
                            (iv) shore power; or
                            (v) other energy efficiency improvements.
                    (B) Deploy technology or processes that reduce 
                idling of vehicles at a port or port facility.
                    (C) Reduce the direct emissions of greenhouse gases 
                and other air pollutants with a goal of achieving zero 
                emissions, including by replacing and retrofitting 
                equipment (including vehicles onsite, cargo-handling 
                equipment, or harbor vessels) at a port or port 
                facility.
            (5) Prohibited use.--An eligible entity may not use a grant 
        provided under this section--
                    (A) to purchase fully automated cargo handling 
                equipment;
                    (B) to build, or plan to build, terminal 
                infrastructure that is designed for fully automated 
                cargo handling equipment;
                    (C) to purchase, test, or develop highly automated 
                trucks, chassis, or any related equipment that can be 
                used to transport containerized freight; or
                    (D) to extend to any independent contractor, 
                independent owner, operator, or other entity that is 
                not using employees for the sake of performing work on 
                terminal grounds.
            (6) Coordination with stakeholders.--In developing a 
        climate action plan under paragraph (2), an eligible entity 
        shall--
                    (A) identify and collaborate with stakeholders who 
                may be affected by the plan, including local 
                environmental justice communities and other near-port 
                communities;
                    (B) address the potential cumulative effects of the 
                plan on stakeholders when those effects may have a 
                community-level impact; and
                    (C) ensure effective advance communication with 
                stakeholders to avoid and minimize conflicts.
    (c) Priority.--In awarding grants under this section, the 
Administrator of the Environmental Protection Agency shall give 
priority to applicants proposing--
            (1) to strive for zero emissions as a key strategy within 
        the grantee's climate action plan under paragraph (2);
            (2) to take a regional approach to reducing greenhouse gas 
        emissions at ports;
            (3) to collaborate with near-port communities to identify 
        and implement mutual solutions to reduce air pollutants at 
        ports or port facilities affecting such communities, with 
        emphasis given to implementation of such solutions in near-port 
        communities that are environmental justice communities;
            (4) to implement activities with off-site benefits, such as 
        by reducing air pollutants from vehicles, equipment, and 
        vessels at sites other than the port or port facilities 
        involved; and
            (5) to reduce localized health risk pursuant to health risk 
        reduction goals that are set within the grantee's climate 
        action plan under paragraph (2).
    (d) Model Methodologies.--The Administrator of the Environmental 
Protection Agency shall--
            (1) develop model methodologies which grantees under this 
        section may choose to use for emissions accounting and 
        inventory practices referred to in subsection (b)(3)(C); and
            (2) ensure that such methodologies are designed to measure 
        progress in reducing air pollution at near-port communities.
    (e) Definitions.--In this section:
            (1) The term ``Administrator'' means the Administrator of 
        the Environmental Protection Agency.
            (2) The term ``cargo-handling equipment'' includes--
                    (A) ship-to-shore container cranes and other 
                cranes;
                    (B) container-handling equipment; and
                    (C) equipment for moving or handling cargo, 
                including trucks, reachstackers, toploaders, and 
                forklifts.
            (3) 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
                    (D) a private entity (including any nonprofit 
                organization) that--
                            (i) applies for a grant under this section 
                        in collaboration with an entity described in 
                        subparagraph (A), (B), or (C); and
                            (ii) owns, operates, or uses a port 
                        facility, cargo equipment, transportation 
                        equipment, related technology, or a warehouse 
                        facility at a port or port facility.
            (4) The term ``environmental justice community'' means a 
        community with significant representation of communities of 
        color, low-income communities, or Tribal and indigenous 
        communities, that experiences, or is at risk of experiencing, 
        higher or more adverse human health or environmental effects.
            (5) The term ``harbor vessel'' includes a ship, boat, 
        lighter, or maritime vessel designed for service at and around 
        harbors and ports.
            (6) The term ``inland port'' means a logistics or 
        distribution hub that is located inland from navigable waters, 
        where cargo, such as break-bulk cargo or cargo in shipping 
        containers, is processed, stored, and transferred between 
        trucks, rail cars, or aircraft.
            (7) The term ``port'' includes an inland port.
            (8) The term ``stakeholder'' means residents, community 
        groups, businesses, business owners, labor unions, commission 
        members, or groups from which a near-port community draws its 
        resources that--
                    (A) have interest in the climate action plan of a 
                grantee under this section; or
                    (B) can affect or be affected by the objectives and 
                policies of such a climate action plan.
    (f) Authorization of Appropriations.--
            (1) In general.--To carry out this Act, there is authorized 
        to be appropriated $250,000,000 for each of fiscal years 2022 
        through 2026.
            (2) Development of climate action plans.--In addition to 
        the authorization of appropriations in paragraph (1), there is 
        authorized to be appropriated for grants pursuant to subsection 
        (a)(2) to develop climate action plans $50,000,000 for fiscal 
        year 2022, to remain available until expended.
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