[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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