[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 216 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 216
To direct the Administrator of the Environmental Protection Agency to
establish a grant program to award grants to eligible entities to
purchase and install, as applicable, zero emissions port equipment and
technology, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 3, 2021
Mr. Merkley (for himself, Ms. Warren, Mrs. Gillibrand, Mr. Wyden, Mrs.
Feinstein, and Mr. Heinrich) 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 grant program to award grants to eligible entities to
purchase and install, as applicable, 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 of 2021''.
SEC. 2. CLIMATE SMART PORTS GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Active duty.--The term ``active duty'' has the meaning
given the term in section 101(d) 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 grams per kilowatt-hour for
nitrogen oxide;
(ii) 0.03 grams per kilowatt-hour for fine
particulate matter (PM<INF>2.5</INF>); and
(iii) 0.1 grams per kilowatt-hour 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, as of the date of enactment of this Act, 13.8 grams
per kilowatt-hour.
(4) Criteria pollutant.--The term ``criteria pollutant''
means--
(A) ground-level ozone;
(B) particulate matter;
(C) carbon monoxide;
(D) lead;
(E) sulfur dioxide; and
(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; and
(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, piece of equipment, facility, or
technology that--
(A) is capable of absorbing energy, storing energy
for a period of time, and dispatching that 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 that equipment, does
not require the exercise of human intervention or
control.
(9) Major urban area.--The term ``major urban area'' means
a metropolitan statistical area within the United States with
an estimated population of 1,500,000 or more.
(10) Nonattainment area.--The term ``nonattainment area''
has the meaning given the term in section 171 of the Clean Air
Act (42 U.S.C. 7501).
(11) Port.--The term ``port'' includes a maritime port and
an inland port.
(12) Port authority.--The term ``port authority'' means a
governmental or quasi-governmental authority formed by a
legislative body to operate a port.
(13) Project labor agreement.--The term ``project labor
agreement'' means a pre-hire collective bargaining agreement
with 1 or more labor organization that--
(A) establishes the terms and conditions of
employment for a specific construction project; and
(B) is described in section 8(f) of the National
Labor Relations Act (29 U.S.C. 158(f)).
(14) Registered apprentice.--The term ``registered
apprentice'' means a person who is participating in a
registered apprenticeship program.
(15) Registered apprenticeship program.--The term
``registered apprenticeship program'' means a program
registered under 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.).
(16) 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.
(17) State apprenticeship agency.--The term ``State
Apprenticeship Agency'' has the meaning given the term in
section 29.2 of title 29, Code of Federal Regulations (as in
effect on January 1, 2020).
(18) Zero emissions port equipment and technology.--
(A) In general.--The term ``zero emissions port
equipment and technology'' means equipment and
technology that--
(i) is used at a port; and
(ii)(I) produces zero exhaust emissions
of--
(aa) any criteria pollutant and
precursor of a criteria pollutant; 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) Inclusions.--The term ``zero emissions port
equipment and technology'' includes--
(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; and
(ix) an electric transport refrigeration
unit.
(b) Establishment.--Subject to the availability of appropriations,
not later than 180 days after the date of enactment of this section,
the Administrator shall establish a grant program to award grants to
eligible entities to purchase and install, as applicable, zero
emissions port equipment and technology.
(c) Application.--
(1) In general.--To be eligible to receive 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--
(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 of a criteria
pollutant;
(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
install, as applicable, zero emissions port equipment
and technology;
(C) whether the applicant will use the grant to
purchase and install, as applicable, zero emissions
port equipment and technology that is produced in the
United States;
(D) whether the applicant will meet the utilization
requirements for registered apprentices established by
the Secretary of Labor or a State Apprenticeship
Agency, as applicable; and
(E) whether the applicant will recruit and retain
skilled workers through a State-approved joint labor-
management apprenticeship program, as applicable.
(d) Use of Funds.--
(1) In general.--A grant awarded under this section shall
be used to purchase and install, as applicable, 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 the human-operated zero emissions port
equipment and technology.
(3) Cost-sharing.--
(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 installing, as applicable, zero
emissions port equipment and technology.
(B) Certain grants.--With respect to a grant of
$3,000,000 or more, an eligible entity may use the
grant to cover not more than 85 percent of the cost of
purchasing and installing zero emissions port equipment
and technology if that eligible entity certifies to the
Administrator that--
(i) the grant will be used, at least in
part, to employ laborers or mechanics to
install zero emissions port equipment and
technology; and
(ii) the eligible entity is a party to a
project labor agreement or requires that each
subgrantee of the eligible entity, and any
subgrantee of that subgrantee at any tier, that
performs the 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 the eligible entity, and
any subgrantee of that subgrantee, at any tier, that carries
out the installation employs at least 40 percent of the
laborers or mechanics for the installation from among
individuals who--
(A) are domiciled--
(i) if the applicable installation area is
a major urban area, not further than 15 miles
from the installation area; and
(ii) if the applicable installation area is
not a major urban area, not further than 50
miles from the installation area;
(B) are displaced and unemployed energy workers;
(C) are members of the Armed Forces serving on
active duty, separated from active duty, or retired
from active duty;
(D) have been incarcerated or served time in a
juvenile or adult detention or correctional facility,
or been placed on probation, community supervision, or
in a diversion scheme;
(E) have a disability;
(F) are homeless;
(G) are receiving public assistance;
(H) lack a general education diploma or high school
diploma;
(I) are emancipated from the foster care system; or
(J) are registered apprentices with fewer than 15
percent of the required graduating apprentice hours in
a program.
(e) Wages.--
(1) In general.--All laborers and mechanics employed by a
subgrantee of an eligible entity, and any subgrantee of a
subgrantee 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.
(f) 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 (b) 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.
(g) Reports.--
(1) Report to administrator.--Not later than 90 days after
the date on which an eligible entity is awarded a grant under
this section, that 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,
2022, and annually thereafter for each calendar year subsequent
to a calendar year during which a grant was awarded under this
section, 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 a grant;
(B) the amount of the 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 installed, as applicable, with the grant
was used;
(D) an estimate of the impact of the zero emissions
port equipment and technology on reducing--
(i) greenhouse gas emissions;
(ii) emissions of criteria pollutants and
precursors of criteria pollutants;
(iii) hazardous air pollutant emissions;
and
(iv) public health disparities; and
(E) any other information the Administrator
determines is necessary to understand the impact of
grants awarded under this section.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Administrator to carry out this section $1,000,000,000 for
each of fiscal years 2022 through 2031.
(2) Nonattainment areas.--To the maximum extent
practicable, 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.
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.--In addition to amounts made available
under subsection (a), there is authorized to be appropriated
$50,000,000 for each of fiscal years 2022 through 2026 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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