[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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