[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1920 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1920
To require the Administrator of the Environmental Protection Agency to
assess certain fees on shipping and other vessels, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 8, 2023
Mr. Whitehouse (for himself, Mr. Padilla, and Mr. Welch) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To require the Administrator of the Environmental Protection Agency to
assess certain fees on shipping and other vessels, 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 ``International Maritime Pollution
Accountability Act of 2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the greenhouse gas emissions from the marine shipping
industry--
(A) account for nearly 3 percent of total global
anthropogenic carbon dioxide emissions; and
(B) are increasing rapidly;
(2) the International Maritime Organization has failed to
require emissions reductions with respect to marine shipping
that are consistent with global decarbonization targets; and
(3) ports are a large source of air pollution and
contribute to poor air quality in the neighborhoods surrounding
the ports, leading to worse health outcomes for those who live
in those neighborhoods.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Calendar quarter.--The term ``calendar quarter'' means
a period of 3 calendar months that ends on, as applicable,
March 31, June 30, September 30, or December 31 of the
applicable calendar year.
(3) Cargo or freight.--The term ``cargo or freight'' does
not include--
(A) passengers transported for compensation or
hire;
(B) bunker fuel;
(C) ship's stores;
(D) sea stores; or
(E) the legitimate equipment necessary to the
operation of a vessel.
(4) Covered voyage.--
(A) In general.--The term ``covered voyage'' means
a voyage--
(i) made using a self-propelled vessel of
10,000 gross tonnage or more, the primary
purpose of which is transporting cargo or
freight; and
(ii) that begins when the vessel leaves the
port of origin and terminates when the
offloading operations at the final port of call
are completed.
(B) Exceptions.--The term ``covered voyage'' does
not include a voyage--
(i) that has been included as an OCS source
(as defined in subsection (a)(4) of section 328
of the Clean Air Act (42 U.S.C. 7627)) because
the voyage has the potential to emit any air
pollutant as described in subparagraph (C)(i)
of that subsection and is, as a result,
regulated pursuant to that section; or
(ii) made for the purposes of transporting
military cargo, food aid, or supplies for
disaster or emergency relief.
(5) Criteria air pollutant.--The term ``criteria air
pollutant'' is within the meaning of the Clean Air Act (42
U.S.C. 7401 et seq.).
(6) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given the term in section 107 of title
46, United States Code.
(7) Final port of call.--The term ``final port of call'',
with respect to a covered voyage, means, as applicable--
(A) the port in the United States where the vessel
making the covered voyage offloaded the last of the
cargo or freight of the vessel ultimately bound for the
United States that was onboard the vessel on departure
from the port of origin; or
(B) if the last of the cargo or freight of the
vessel ultimately bound for the United States that was
onboard the vessel on departure from the port of origin
is offloaded in a foreign port, the most recent port of
call in the United States prior to offloading the last
of the cargo or freight of the vessel that is
ultimately bound for the United States.
(8) Importer.--The term ``importer'' means 1 of the parties
that qualifies as an importer of record under section
484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C.
1484(a)(2)(B)).
(9) Intermediate port.--The term ``intermediate port'',
with respect to a covered voyage, means each foreign port of
call of the vessel of the covered voyage between the port of
origin and the initial port of call of the vessel in the United
States.
(10) Port of origin.--The term ``port of origin'', with
respect to a covered voyage, means the first port of the vessel
making the covered voyage before docking at a port in the
United States after departing which a majority (by mass) of the
cargo or freight of the vessel is ultimately bound for the
United States.
(11) Ultimately bound for the united states.--The term
``ultimately bound for the United States'', with respect to
cargo or freight, includes--
(A) all cargo or freight that is offloaded in the
United States by a vessel making a covered voyage; and
(B) all cargo or freight that is--
(i) initially offloaded at an intermediate
port; and
(ii) subsequently transported to the United
States by sea, land, or air.
SEC. 4. REPORTING REQUIREMENTS.
(a) In General.--Beginning on January 1, 2024, the operator of each
covered voyage shall submit to the Administrator, the Commandant of the
Coast Guard, and the Commissioner of U.S. Customs and Border Protection
the information described in subsection (b).
(b) Information Described.--The information referred to in
subsection (a), with respect to a covered voyage, is--
(1) the port of origin;
(2) the total distance traveled from the port of origin to
the final port of call;
(3) the total time spent traveling between the port of
origin and the final port of call;
(4) the total mass of each type of fuel consumed between
the port of origin and the final port of call;
(5) the total mass of cargo or freight transported between
the port of origin and the final port of call;
(6) each port of call in the United States;
(7) each intermediate port;
(8) the final port of call;
(9) the mass of cargo or freight on board the applicable
vessel on leaving the port of origin;
(10) the percentage of cargo or freight (by mass) offloaded
or onloaded at any intermediate port, as compared to the
capacity of the applicable vessel and the load of the
applicable vessel;
(11) the ultimate destination (by country) of cargo or
freight offloaded at intermediate ports, as compared to the
capacity of the applicable vessel and the load of the
applicable vessel;
(12) the mass of cargo or freight on board the applicable
vessel on arrival at or departure from, as applicable, each
port of call in the United States;
(13) the total time spent in each port of call in the
United States;
(14) the total period of time that the applicable vessel is
connected to and reliant on the electrical grid while in port
at a port of call in the United States;
(15) the total mass of each type of fuel consumed--
(A) in any port of call in the United States; and
(B) within the exclusive economic zone;
(16) the total period of time spent--
(A) north of 60 degrees north latitude; or
(B) south of 60 degrees south latitude;
(17) for each period described in paragraph (16), the total
mass of each type of fuel consumed during that period; and
(18) any other information that the Administrator, the
Commandant of the Coast Guard, and the Commissioner of U.S.
Customs and Border Protection, in conjunction with the
Secretary of the Treasury, determines is necessary to
accurately determine the amount of the fees assessed under
sections 5 and 6.
(c) Deadline.--The operator of a covered voyage shall submit the
information required under subsection (a) for each covered voyage of
the operator that ended during a calendar quarter by not later than 30
days after the end of that calendar quarter.
SEC. 5. FEE ON LIFECYCLE CARBON DIOXIDE-EQUIVALENT EMISSIONS FROM CARGO
VESSELS.
(a) Lifecycle CO<INF>2</INF>-e Emissions Profile for Maritime
Fuels.--Not later than January 1, 2024, the Administrator shall develop
a lifecycle carbon dioxide-equivalent (CO<INF>2</INF>-e) emissions
profile for each fuel used in maritime shipping to express the
emissions from the combustion of that fuel in carbon dioxide-equivalent
per unit mass combusted.
(b) Assessment of Fee.--
(1) In general.--Beginning on January 1, 2024, not later
than 30 days after the date on which the Administrator receives
from the operator of a covered voyage the information required
to be submitted under section 4(a), the Administrator, in
conjunction with the Secretary of the Treasury, shall assess on
the operator a fee with respect to the covered voyage in an
amount determined in accordance with paragraph (2).
(2) Amount of fee.--
(A) In general.--Subject to subparagraph (B) and
subsection (d), the amount of a fee assessed under
subsection (a) with respect to a covered voyage shall
be the total sum of, for each type of fuel consumed
during the covered voyage, the product obtained by
multiplying--
(i) the total mass of the fuel consumed
during the covered voyage;
(ii) the carbon dioxide-equivalent
emissions of the fuel, expressed in metric tons
per unit mass of fuel consumed, as determined
under subsection (a); and
(iii) $150.
(B) Adjustments.--
(i) Inflation.--Beginning in calendar year
2025, the Administrator shall annually increase
the amount described in subparagraph (A)(iii)
by the percentage that is equal to the sum
obtained by adding--
(I) the rate of inflation, as
determined by the Administrator using
the changes for the 12-month period
ending the preceding November 30 in the
Consumer Price Index for All Urban
Consumers published by the Bureau of
Labor Statistics of the Department of
Labor; and
(II) 5 percentage points.
(ii) Voyages in polar regions.--For any
portion of a covered voyage that involves
travel north of 60 degrees north latitude or
south of 60 degrees south latitude, the amount
described in subparagraph (A)(iii) with respect
to fuel consumed during that portion of the
voyage, after adjustment under clause (i), if
applicable, shall be tripled.
(3) Deadline.--A fee assessed under paragraph (1) shall be
due and payable to the Administrator not later than the later
of--
(A) the date that is 30 days after the date on
which the fee is assessed; and
(B) the end of the calendar year in which the fee
is assessed.
(4) Penalty.--Notwithstanding any other provision of law or
any circumstances that jeopardize the safety of a vessel the
voyage of which is a covered voyage, the persons aboard such a
vessel, or the environment, if an operator fails to pay a fee
assessed under paragraph (1) by the date described in paragraph
(3)--
(A) the Administrator shall inform the Commandant
of the Coast Guard of the failure of the operator to
pay the fee; and
(B) the Commandant of the Coast Guard shall, until
the Administrator informs the Commandant of the Coast
Guard that all outstanding fees assessed under
paragraph (1) have been paid, prohibit--
(i) the operator from operating within the
waters of the United States; and
(ii) vessels of the operator from docking
at ports of call in the United States.
(c) Alternate Fee for Imported Cargo.--
(1) Definition of qualified importing voyage.--In this
subsection, the term ``qualified importing voyage'' means a
voyage made using a vessel--
(A) the primary purpose of which is transporting
cargo or freight; and
(B) that, at a foreign port of call, offloads cargo
or freight that is ultimately intended to be
transported to the United States by sea, land, or air.
(2) Requirements.--
(A) Reporting.--
(i) In general.--Beginning on January 1,
2024, each importer for which a qualified
importing voyage has cargo or freight that is
bound for the United States shall submit to the
Administrator the information described in
subsection (b) of section 4 in accordance with
that section (except as otherwise provided in
this paragraph).
(ii) Treatment.--For purposes of clause
(i), any reference contained in section 4(b)
to--
(I) the ``final port of call''
shall be considered to be a reference
to the foreign port of call within
which the cargo or freight of the
importer was offloaded from the vessel;
(II) the ``covered voyage'' shall
be considered to be a reference to the
qualified importing voyage; and
(III) the ``port of origin'' shall
be considered to be a reference to the
port at which the cargo or freight
bound for the United States was
onboarded.
(B) Fee.--
(i) In general.--Beginning on January 1,
2024, not later than 30 days after the date on
which the Administrator receives from an
importer described in subparagraph (A)(i) the
information required to be submitted under that
subparagraph, the Administrator, in conjunction
with the Secretary of the Treasury, shall
assess on the importer the fee described in
subsection (b) in accordance with that
subsection, but the amount of that fee shall be
adjusted as follows:
(I) The amount of the fee shall be
prorated for the share (by mass) of the
cargo or freight on the vessel making
the qualified importing voyage that is
ultimately bound for the United States
that is being imported by the importer.
(II) After the adjustment described
in subclause (I), the amount of the fee
shall be reduced by the amount of the
fee, if any, otherwise assessed on the
qualified importing voyage pursuant to
subsection (b).
(ii) Treatment.--For purposes of clause
(i), any reference in subsection (b) to the
``covered voyage'' shall be considered to be a
reference to the qualified importing voyage.
(C) Deadlines.--
(i) In general.--An importer described in
subparagraph (A)(i) may not import the cargo or
freight from a qualified importing voyage into
the United States until the importer--
(I) submits the information
required under subparagraph (A); and
(II) pays the fee assessed under
subparagraph (B).
(ii) Penalty.--Notwithstanding any other
provision of law, if, at the time of
importation of the cargo or freight from a
qualifying importing voyage into the United
States, an importer described in subparagraph
(A)(i) cannot provide proof of payment of the
fee assessed under subparagraph (B), the
Commissioner of U.S. Customs and Border
Protection shall seize the cargo or freight
until the Administrator informs the
Commissioner of U.S. Customs and Border
Protection that all outstanding fees assessed
under subparagraph (B) have been paid.
(d) Recognition of Foreign Pollution Fees.--If a vessel with cargo
or freight ultimately bound for the United States, or an operator of
such a vessel, is subject to a pollution-based fee by the country of
the port of origin of the vessel, any fee assessed on the operator of
the vessel or an importer with cargo or freight on that vessel under
this section shall be--
(1) if the fee from the other country is equal to or more
than 50 percent of the fee that would otherwise be assessed
under this section, reduced by 50 percent; and
(2) if the fee from the other country is less than 50
percent of the fee that would otherwise be assessed under this
section, reduced by an amount equal to the amount of the fee
from the other country.
(e) Sunset Provision.--This section ceases to apply on the date on
which the Administrator publishes in the Federal Register a
determination that the International Maritime Organization or another
agency of the United Nations has instituted and is enforcing a global
fee on lifecycle carbon dioxide-equivalent emissions from operators of
covered voyages that is in an amount equal to or greater than the fees
assessed for a covered voyage under this section.
SEC. 6. FEES ON CRITERIA AIR POLLUTANTS.
(a) Emissions Profile.--Not later than January 1, 2024, the
Administrator shall develop a lifecycle emissions profile for each fuel
used in maritime shipping to express the emissions from the combustion
of that fuel of each of nitrogen oxides, sulfur dioxide, and fine
particulate matter (PM<INF>2.5</INF>) per unit mass combusted.
(b) Assessment of Fee.--
(1) In general.--Beginning on January 1, 2024, not later
than 30 days after the date on which the Administrator receives
from the operator of a covered voyage the information required
to be submitted under section 4(a), the Administrator, in
conjunction with the Secretary of the Treasury, shall assess on
the operator a fee with respect to the covered voyage in an
amount determined in accordance with paragraph (2).
(2) Amount of fee.--
(A) In general.--Subject to subparagraph (B), the
amount of a fee assessed under subsection (a) shall be
the total sum of, for each type of fuel consumed during
the covered voyage--
(i) the product obtained by multiplying--
(I) the total mass of the fuel
consumed during the covered voyage
within the exclusive economic zone;
(II) the quantity of nitrogen
oxides emitted by the consumption of
the fuel, expressed in pounds per unit
mass of fuel consumed, as determined
under subsection (a); and
(III) $6.30;
(ii) the product obtained by multiplying--
(I) the total mass of the fuel
consumed during the covered voyage
within the exclusive economic zone;
(II) the quantity of sulfur dioxide
emitted by the consumption of the fuel,
expressed in pounds per unit mass of
fuel consumed, as determined under
subsection (a); and
(III) $18; and
(iii) the product obtained by multiplying--
(I) the total mass of the fuel
consumed during the covered voyage
within the exclusive economic zone;
(II) the quantity of fine
particulate matter emitted by the
consumption of the fuel, expressed in
pounds per unit mass of fuel consumed,
as determined under subsection (a); and
(III) $38.90.
(B) Inflation adjustment.--Beginning in calendar
year 2025, the Administrator shall annually increase
the amounts described in clauses (i)(III), (ii)(III),
and (iii)(III) of subparagraph (A) by the percentage
that is equal to the sum obtained by adding--
(i) the rate of inflation, as determined by
the Administrator using the changes for the 12-
month period ending the preceding November 30
in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor
Statistics of the Department of Labor; and
(ii) 5 percentage points.
(3) Deadline.--A fee assessed under paragraph (1) shall be
due and payable to the Administrator not later than the later
of--
(A) the date that is 30 days after the date on
which the fee is assessed; and
(B) the end of the calendar year in which the fee
is assessed.
(4) Penalty.--Notwithstanding any other provision of law or
any circumstances that jeopardize the safety of a vessel the
voyage of which is a covered voyage, the persons aboard such a
vessel, or the environment, if an operator fails to pay a fee
assessed under paragraph (1) by the date described in paragraph
(3)--
(A) the Administrator shall inform the Commandant
of the Coast Guard of the failure of the operator to
pay the fee; and
(B) the Commandant of the Coast Guard shall, until
the Administrator informs the Commandant of the Coast
Guard that all outstanding fees assessed under
paragraph (1) have been paid, prohibit--
(i) the operator from operating within the
waters of the United States; and
(ii) vessels of the operator from docking
at ports of call in the United States.
SEC. 7. DECARBONIZING SHIPPING AND PORTS.
(a) Modernizing the Jones Act Fleet.--
(1) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator''
means the Administrator of the Maritime Administration.
(B) Jones act vessel.--The term ``Jones Act
vessel'' means a documented vessel (as defined in
section 106 of title 46, United States Code) with a
coastwise endorsement under section 12112 of that
title.
(C) Low-carbon fuel.--The term ``low-carbon fuel''
means a marine fuel the lifecycle carbon dioxide-
equivalent emissions of which is at least 90 percent
less than the lifecycle carbon dioxide-equivalent
emissions of marine fuel oil.
(D) Program.--The term ``program'' means the
program established under paragraph (2).
(E) Vessel of the united states.--The term ``vessel
of the United States'' has the meaning given the term
in section 116 of title 46, United States Code.
(2) Establishment.--For fiscal year 2026 and each fiscal
year thereafter, there are appropriated, out of any funds in
the Treasury not otherwise appropriated, to the Maritime
Administration an amount equal to 25 percent of the amounts
collected pursuant to fees assessed under sections 5 and 6
during the previous calendar year to award grants, rebates, and
low-interest loans, as determined appropriate by the
Administrator, to eligible entities--
(A) to replace existing Jones Act vessels that use
marine fuel oil for propulsion power with vessels that
are propelled using batteries or low-carbon fuels; or
(B) to retrofit existing Jones Act vessels that use
marine fuel oil for propulsion power into vessels that
are propelled using batteries or low-carbon fuels.
(3) Modeled off diesel emissions reduction act.--To the
extent practicable, the Administrator shall administer the
program in a manner similar to the national grant program of
the Administrator of the Environmental Protection Agency under
subtitle G of title VII of the Energy Policy Act of 2005 (42
U.S.C. 16131 et seq.).
(4) Eligible entities.--An entity eligible for an award
under the program is an owner of a Jones Act vessel that
currently uses marine fuel oil for propulsion power.
(5) Selection.--
(A) Application.--An eligible entity seeking an
award under the program shall submit to the
Administrator an application at such time, in such
manner, and containing such information as the
Administrator may require, which shall include a
certification that an award under the program will be
used, as applicable--
(i) to purchase, or enter into a contract
for the construction of, a vessel that
exclusively uses a battery or low-carbon fuels
for all propulsion power; or
(ii) to retrofit an existing Jones Act
vessel that uses marine fuel oil for propulsion
power into a vessel that is propelled using
batteries or low-carbon fuels.
(B) Priority.--In selecting the recipients of
awards under the program, the Administrator shall give
priority to entities the replacement of whose vessels
with vessels that use batteries or low-carbon fuels for
all propulsion power would--
(i) maximize the reduction of greenhouse
gas emissions;
(ii) maximize the public health benefits
from the reduction of criteria air pollutants;
(iii) maximize water quality in ports and
other bodies of water;
(iv) maximize public health and
environmental benefits from every dollar spent
under the program; and
(v) alleviate air pollution in poor air
quality areas, including--
(I) areas identified by the
Administrator of the Environmental
Protection Agency as in nonattainment
or maintenance of national ambient air
quality standards promulgated under
section 109 of the Clean Air Act (42
U.S.C. 7409) for criteria air
pollutants; and
(II) other areas that receive a
disproportionate quantity of air
pollution, as determined by the
Administrator of the Environmental
Protection Agency.
(6) Clawback.--If the Administrator determines that the
recipient of an award under the program has violated the
certification required under paragraph (5)(A), the
Administrator shall seek reimbursement of the full amount of
the award provided to the recipient.
(7) Modernizing vessels of the united states.--If the
Administrator determines that no existing Jones Act vessels are
eligible to receive funding under the program, for the duration
of that determination, paragraphs (2) through (6) shall be
applied by substituting ``vessel of the United States'' for
``Jones Act vessel''.
(b) Research and Development for Low-Carbon Maritime Fuels and Low-
Emission Maritime Technologies.--
(1) Definition of eligible entity.--In this subsection, the
term ``eligible entity'' means--
(A) a State (including the District of Columbia and
territories of the United States), regional, local, or
Tribal government;
(B) a maritime shipping or logistics company;
(C) a port authority;
(D) an accredited institution of higher education;
(E) a research institution;
(F) a person engaged in the production,
transportation, blending, or storage of sustainable
maritime fuel in the United States or feedstocks in the
United States that may be used to produce sustainable
maritime fuel;
(G) a person engaged in the development,
demonstration, or application of low-emission maritime
technologies; and
(H) a nonprofit entity or nonprofit consortium with
experience in sustainable maritime fuels, low-emission
maritime technologies, or other clean transportation
research programs.
(2) Establishment.--For fiscal year 2026 and each fiscal
year thereafter, there are appropriated, out of any funds in
the Treasury not otherwise appropriated, to the Department of
Energy an amount equal to 25 percent of the amounts collected
pursuant to fees assessed under sections 5 and 6 during the
previous calendar year to award competitive grants to eligible
entities to carry out projects in the United States--
(A) to produce, transport, blend, or store low-
carbon maritime fuels; or
(B) to develop, demonstrate, or apply low-emission
maritime technologies.
(3) Priority.--In awarding grants under the program
established under paragraph (2), the Secretary of Energy shall
give priority to projects that maximize--
(A) the domestic production and deployment of
sustainable maritime fuels or the use of low-emission
maritime technologies in commercial maritime;
(B) reductions in greenhouse gas emissions;
(C) public health benefits from criteria air
pollutant reductions;
(D) water quality in ports and other bodies of
water;
(E) public health and environmental benefits from
every dollar spent under that program; and
(F) the creation of new jobs in the United States.
(c) Workforce Development.--
(1) Definitions.--In this subsection:
(A) Low-carbon fuel.--The term ``low-carbon fuel''
means a marine fuel the lifecycle carbon dioxide-
equivalent emissions of which is at least 90 percent
less than the lifecycle carbon dioxide-equivalent
emissions of marine fuel oil.
(B) Maritime academy.--The term ``maritime
academy'' means--
(i) the United States Merchant Marine
Academy;
(ii) a State maritime academy; and
(iii) a center of excellence for domestic
maritime workforce training and education
designated under section 51706(a) of title 46,
United States Code.
(C) Program.--The term ``program'' means the
program established under paragraph (2).
(D) Zero-emission port equipment or technology.--
The term ``zero-emission port equipment or technology''
has the meaning given the term in section 133(d) of the
Clean Air Act (42 U.S.C. 7433(d)).
(2) Establishment.--For fiscal year 2026 and each fiscal
year thereafter, there are appropriated, out of any funds in
the Treasury not otherwise appropriated, to the Environmental
Protection Agency an amount equal to 5 percent of the amounts
collected pursuant to fees assessed under sections 5 and 6
during the previous calendar year to award grants and rebates
to support workforce training and development for the
maintenance and operation of zero-emission port equipment or
technology and vessels that are propelled using batteries or
low-carbon fuels, including training, programming, and
curriculum development at maritime academies on the maintenance
and operation of zero-emission port equipment or technology and
vessels that are propelled using batteries or low-carbon fuels.
(3) Eligible entities.--An entity eligible to receive an
award under the program is--
(A) a State (including the District of Columbia and
territories of the United States), regional, local, or
Tribal agency that has jurisdiction over a port
authority or a port;
(B) a port authority;
(C) an air pollution control agency;
(D) a maritime academy; and
(E) a private entity that--
(i) applies for a grant under this
subsection in partnership with an entity
described in any of subparagraphs (A) through
(D); and
(ii) owns, operates, or uses--
(I) vessels, the primary purpose of
which are transporting cargo or
freight, that are propelled using
batteries or low-carbon fuels; or
(II) the facilities, cargo-handling
equipment, transportation equipment, or
related technology of a port.
(4) Application.--An eligible entity seeking an award under
the program shall submit to the Administrator an application at
such time, in such manner, and containing such information as
the Administrator may require.
(d) Harbor Craft Electrification.--
(1) Establishment.--For fiscal year 2026 and each fiscal
year thereafter, there are appropriated, out of any funds in
the Treasury not otherwise appropriated, to the Environmental
Protection Agency an amount equal to 10 percent of the amounts
collected pursuant to fees assessed under sections 5 and 6
during the previous calendar year to award grants, rebates, or
low-interest loans, as determined appropriate by the
Administrator--
(A) to replace existing harbor craft, except for
ferry vessels, with vessels that use batteries for all
propulsion power; and
(B) to support workforce development and training
to support the maintenance, charging, fueling, and
operation of vessels described in subparagraph (A).
(2) Modeled off diesel emissions reduction act.--To the
extent practicable, the Administrator shall administer the
program established under paragraph (1) in a manner similar to
the national grant program of the Administrator under subtitle
G of title VII of the Energy Policy Act of 2005 (42 U.S.C.
16131 et seq.).
(3) Eligible entities.--An entity eligible to receive an
award under the program established under paragraph (1) is--
(A) a State (including the District of Columbia and
territories of the United States), regional, local, or
Tribal agency that has jurisdiction over a port
authority or a port;
(B) a port authority; and
(C) a private entity that--
(i) applies for an award under this
subsection in partnership with an entity
described in subparagraph (A) or (B); and
(ii) owns, operates, or uses harbor craft,
except for ferry vessels.
(4) Selection.--
(A) Application.--An eligible entity seeking an
award under the program established 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, which
shall include a certification that an award under the
program will be used to purchase a vessel that
exclusively uses a battery for all propulsion power.
(B) Priority.--In selecting the recipients of
awards under the program established under paragraph
(1), the Administrator shall give priority to entities
the replacement of whose harbor crafts with vessels
that use batteries for all propulsion power would--
(i) maximize the reduction of greenhouse
gas emissions;
(ii) maximize the public health benefits
from the reduction of criteria air pollutants;
(iii) maximize water quality in ports and
other bodies of water;
(iv) maximize public health and
environmental benefits from every dollar spent
under the program; and
(v) alleviate air pollution in poor air
quality areas, including--
(I) areas identified by the
Administrator as in nonattainment or
maintenance of national ambient air
quality standards promulgated under
section 109 of the Clean Air Act (42
U.S.C. 7409) for criteria air
pollutants; and
(II) other areas that receive a
disproportionate quantity of air
pollution, as determined by the
Administrator.
(5) Clawback.--If the Administrator determines that the
recipient of an award under the program established under
paragraph (1) has violated the certification required under
paragraph (4)(A), the Administrator shall seek reimbursement of
the full amount of the award provided to the recipient.
(e) Ferry Electrification.--
(1) Establishment.--For fiscal year 2026 and each fiscal
year thereafter, there are appropriated, out of any funds in
the Treasury not otherwise appropriated, to the Environmental
Protection Agency an amount equal to 10 percent of the amounts
collected pursuant to fees assessed under sections 5 and 6
during the previous calendar year to award grants, rebates, or
low-interest loans, as determined appropriate by the
Administrator--
(A) to replace existing ferry or crew vessels with
vessels that use batteries for all propulsion power;
and
(B) to support workforce development and training
to support the maintenance, charging, fueling, and
operation of vessels described in subparagraph (A) that
use batteries for all propulsion power.
(2) Modeled off diesel emissions reduction act.--To the
extent practicable, the Administrator shall administer the
program established under paragraph (1) in a manner similar to
the national grant program of the Administrator under subtitle
G of title VII of the Energy Policy Act of 2005 (42 U.S.C.
16131 et seq.).
(3) Eligible entities.--An entity eligible to receive an
award under the program established under paragraph (1) is--
(A) a State (including the District of Columbia and
territories of the United States), regional, local, or
Tribal agency that has jurisdiction over a ferry line;
(B) a port authority; and
(C) a private entity that--
(i) applies for an award under this
subsection in partnership with an entity
described in subparagraph (A) or (B); and
(ii) owns, operates, or uses ferry or crew
vessels.
(4) Selection.--
(A) Application.--An eligible entity seeking an
award under the program established 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, which
shall include a certification that an award under the
program will be used to purchase a vessel that
exclusively uses a battery for all propulsion power.
(B) Priority.--In selecting the recipients of
awards under the program established under paragraph
(1), the Administrator shall give priority to entities
the replacement of whose ferry or crew vessels with
vessels that use batteries for all propulsion power
would--
(i) maximize the reduction of greenhouse
gas emissions;
(ii) maximize the public health benefits
from the reduction of criteria air pollutants;
(iii) maximize water quality in ports and
other bodies of water;
(iv) maximize public health and
environmental benefits from every dollar spent
under the program; and
(v) alleviate air pollution in poor air
quality areas, including--
(I) areas identified by the
Administrator as in nonattainment or
maintenance of national ambient air
quality standards promulgated under
section 109 of the Clean Air Act (42
U.S.C. 7409) for criteria air
pollutants; and
(II) other areas that receive a
disproportionate quantity of air
pollution, as determined by the
Administrator.
(5) Clawback.--If the Administrator determines that the
recipient of an award under the program established under
paragraph (1) has violated the certification required under
paragraph (4)(A), the Administrator shall seek reimbursement of
the full amount of the award provided to the recipient.
(f) Increased Air Monitoring in Port Communities.--
(1) Establishment.--For fiscal year 2026 and each fiscal
year thereafter, there are appropriated, out of any funds in
the Treasury not otherwise appropriated, to the Environmental
Protection Agency an amount equal to 3 percent of the amounts
collected pursuant to fees assessed under sections 5 and 6
during the previous calendar year to provide grants, rebates,
or low-interest loans, as determined appropriate by the
Administrator, to create fenceline air monitoring at port
boundaries and in communities located within 1 mile of a port
boundary.
(2) Eligible entities.--An entity eligible to receive an
award under the program established under paragraph (1) is--
(A) a State (including the District of Columbia and
territories of the United States), regional, local, or
Tribal government;
(B) a State (including the District of Columbia and
territories of the United States), regional, local, or
Tribal agency that has jurisdiction over a port
authority or port;
(C) a port authority;
(D) an air pollution control agency; and
(E) a nonprofit entity or nonprofit consortium with
experience in air pollution monitoring.
(3) Application.--An eligible entity seeking an award under
the program established 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.
(g) Funding of Existing Programs.--
(1) Clean ports program.--For fiscal year 2026 and each
fiscal year thereafter, there are appropriated, out of any
funds in the Treasury not otherwise appropriated, to the
Environmental Protection Agency an amount equal to 10 percent
of the amounts collected pursuant to fees assessed under
sections 5 and 6 during the previous calendar year to carry out
the program established under section 133 of the Clean Air Act
(42 U.S.C. 7433).
(2) Port infrastructure development program.--For fiscal
year 2026 and each fiscal year thereafter, there are
appropriated, out of any funds in the Treasury not otherwise
appropriated, to the Department of Transportation an amount
equal to 7 percent of the amounts collected pursuant to fees
assessed under sections 5 and 6 during the previous calendar
year to carry out the program established under section 54301
of title 46, United States Code.
(3) Oceans and coastal security.--For fiscal year 2026 and
each fiscal year thereafter, there are appropriated, out of any
funds in the Treasury not otherwise appropriated, to the
National Oceanic and Atmospheric Administration an amount equal
to 3 percent of the amounts collected pursuant to fees assessed
under sections 5 and 6 during the previous calendar year for
deposit into the National Oceans and Coastal Security Fund
established under section 904(a) of the National Oceans and
Coastal Security Act (16 U.S.C. 7503).
(4) Marine debris foundation.--For fiscal year 2026 and
each fiscal year thereafter, there are appropriated, out of any
funds in the Treasury not otherwise appropriated, to the
Department of Commerce an amount equal to 2 percent of the
amounts collected pursuant to fees assessed under sections 5
and 6 during the previous calendar year to carry out subtitle B
of title I of the Save Our Seas 2.0 Act (33 U.S.C. 4211 et
seq.).
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