[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7304 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 7304
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
June 24, 2020
Ms. Blunt Rochester 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 2020''.
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''--
(9) 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 2021
through 2025.
(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 2021, to remain available until expended.
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