[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1271 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1271

  To reauthorize the Clean School Bus Program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 21, 2021

  Mr. Padilla (for himself, Mr. Warnock, Ms. Smith, Mr. Sanders, Mrs. 
   Feinstein, Mr. Markey, Mr. Wyden, Mr. Merkley, and Ms. Stabenow) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To reauthorize the Clean School Bus 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 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 with a drivetrain that produces, under any 
        possible operational mode or condition, zero exhaust emissions 
        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.
            ``(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 a sale described in 
                subparagraph (A).
            ``(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 described in clauses (iii) and (iv) 
                of subparagraph (A), the Administrator--
                            ``(i) shall establish timely and 
                        appropriate requirements for notice to the 
                        public school systems that would be served by 
                        school buses purchased using an award under 
                        subsection (b)(1); and
                            ``(ii) may establish timely and appropriate 
                        requirements for approval by the public school 
                        systems that would be served by school buses 
                        purchased using an award under subsection 
                        (b)(1).
            ``(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', with respect 
                to a school bus engine replaced using an award under 
                subsection (b)(1), means 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.
    ``(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 that are not clean 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 that are not clean school buses with clean school 
                buses.
            ``(2) Applications.--
                    ``(A) In general.--An applicant for an award under 
                paragraph (1) shall submit to the Administrator an 
                application at such time, in such manner, and 
                containing such information as the Administrator may 
                require, including--
                            ``(i) 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 paragraph (1), 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 applicant agrees to the 
                                authority of the Secretary of Labor 
                                described in subparagraph (B);
                            ``(ii) 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;
                            ``(iii) to ensure a fair assessment of 
                        workforce impact related to an award under 
                        paragraph (1), 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-time or part-time 
                                status of each employee; and
                                    ``(IV) the job title of each 
                                employee; and
                            ``(iv) a description of coordination and 
                        advance planning with the local electricity 
                        provider.
                    ``(B) Authority of secretary of labor.--For any 
                project or activity carried out by a recipient of an 
                award under paragraph (1), the Secretary of Labor 
                shall, with respect to the labor standards described in 
                subparagraph (A)(i)(I), 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.
            ``(3) Eligible manufacturers.--
                    ``(A) In general.--The Administrator shall maintain 
                and make publicly available a list of manufacturers of 
                clean school buses from whom recipients of awards under 
                paragraph (1) may purchase clean school buses.
                    ``(B) Criteria.--The Administrator shall establish 
                a process by which manufacturers may seek inclusion on 
                the list established under subparagraph (A), which 
                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--
                                    ``(I) 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
                                    ``(II) actions the manufacturer 
                                will take to ensure that the direct 
                                suppliers of the manufacturer 
                                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 in the 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), after taking into account the priority 
                described in subparagraph (A), 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) the issuance of school bonds.
            ``(5) Use of school bus fleet.--All clean school buses 
        purchased with an award under paragraph (1) 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) Award amount.--
                            ``(i) In general.--Subject to clause (ii) 
                        and subparagraph (D), the Administrator may 
                        make an award under paragraph (1) in an amount 
                        not more than the amount that is 100 percent of 
                        the replacement costs for clean school buses.
                            ``(ii) Limitation.--The replacement costs 
                        described in clause (i) shall not exceed an 
                        amount equal to 110 percent of the difference 
                        between--
                                    ``(I) the cost of a clean school 
                                bus; and
                                    ``(II) 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 that are not clean school 
                        buses with clean school buses; and
                            ``(ii) the preference of the eligible 
                        recipient.
                    ``(C) Included costs.--An award under paragraph (1) 
                may be used to 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 for contracting entities.--
                            ``(i) In general.--Subject to clause (ii), 
                        in the case of an award under paragraph (1) to 
                        an eligible recipient described in subsection 
                        (a)(5)(A)(iv), the Administrator may make an 
                        award for up to 70 percent of the replacement 
                        costs for clean school buses.
                            ``(ii) Exception.--If an eligible recipient 
                        described in subsection (a)(5)(A)(iv) 
                        demonstrates, to the satisfaction of the 
                        Administrator, that the labor standards of the 
                        eligible recipient are equal to or exceed those 
                        of the public school system that would be 
                        served by the clean school buses purchased with 
                        an award under paragraph (1), the Administrator 
                        may make an award to the eligible 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 
                paragraph (1), that an award recipient--
                            ``(i) does 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) provides 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 an 
                        award under paragraph (1) shall comply with 
                        section 5323(j) of title 49, United States 
                        Code.
                            ``(ii) Exceptions.--
                                    ``(I) Waiver.--Subject to subclause 
                                (II), the Administrator may provide a 
                                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 Administrator may 
                                grant a waiver in accordance with 
                                section 5323(j)(2)(C) of title 49, 
                                United States Code, when an award 
                                recipient purchases a clean school bus 
                                or electric vehicle supply equipment 
                                using an award under paragraph (1) 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 paragraph (1);
                    ``(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, 
                make awards for at least 1 such large scale deployment 
                in a rural location and another in an urban location, 
                on the condition 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 program under paragraph (1), 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 recipients of awards 
                under paragraph (1).
            ``(8) Scrappage.--
                    ``(A) In general.--The Administrator shall require 
                an award recipient to verify, not later than 1 year 
                after receiving a clean school bus purchased using an 
                award under paragraph (1), that the engine of the 
                replaced school bus has been scrapped.
                    ``(B) Exception.--Subject to such conditions that 
                the Administrator determines appropriate and giving 
                consideration to public health and the goal of 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 
                        described 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 subsection 
        (b)(1).
            ``(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 under subsection (b)(1);
                    ``(D) make available information regarding best 
                practices, lessons learned, and technical and other 
                information with respect to--
                            ``(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 (e).
    ``(d) DOE Assistance.--
            ``(1) Information gathering.--
                    ``(A) In general.--The Secretary shall gather 
                information with respect to--
                            ``(i) vehicle-to-grid technology, including 
                        best practices and use-case scenarios;
                            ``(ii) the use of clean school buses for 
                        community resilience; and
                            ``(iii) technical aspects of clean school 
                        bus management and deployment.
                    ``(B) Sharing with epa.--Not less frequently than 
                annually, the Secretary shall share the information 
                gathered under subparagraph (A) with the Administrator.
            ``(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 subsection (b)(1), 
        provide technical assistance in the development of an 
        application for or the use of an award under subsection (b)(1).
    ``(e) Annual Report.--Not later than January 31 of each year after 
a year for which funds were appropriated to carry out this section, 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 subsection (b)(1);
                    ``(B) the number of clean school buses requested in 
                the applications described in subparagraph (A);
                    ``(C) the awards made under subsection (b)(1) and 
                the criteria used to select the award recipients;
                    ``(D) the awards made under subsection (b)(1) 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)(A);
                    ``(F) the estimated effect of the awards under 
                subsection (b)(1) 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)(6)(F)(ii) during the preceding year.
    ``(f) 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) Use of fund requirements.--
                    ``(A) Allocation.--Of the amount made available 
                under paragraph (1) for a fiscal year, not less than 
                $1,000,000,000 shall be used for awards under 
                subsection (b)(1) to eligible recipients proposing to 
                replace school buses that serve a community of color, 
                an indigenous community, a low-income community, or a 
                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) Administrative costs.--Of the amounts made 
                available under paragraph (1) for a fiscal year, the 
                Administrator may use not more than 2 percent for the 
                administrative costs of carrying out this section.''.
    (b) Repeal of Redundant Authorization.--
            (1) In general.--Section 6015 of the Safe, Accountable, 
        Flexible, Efficient Transportation Equity Act: A Legacy for 
        Users (42 U.S.C. 16091a) is repealed.
            (2) Conforming amendment.--The table of contents in section 
        1(b) of the Safe, Accountable, Flexible, Efficient 
        Transportation Equity Act: A Legacy for Users (Public Law 109-
        59; 119 Stat. 1144) is amended by striking the item relating to 
        section 6015.
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