Sec. 25002. Climate Smart Ports Grant Program

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Section 50302 of title 46, United States Code, is amended— by redesignating subsection

(d)as subsection (e); and by inserting after subsection

(c)the following: Not later than 6 months after the date of enactment of the Climate Smart Ports Act , the Secretary shall establish a program to award grants to eligible entities to purchase, and as applicable install, zero emissions port equipment and technology. The Secretary shall issue guidelines to establish appropriate accounting, reporting, and review procedures to ensure that— grant funds are used for the purposes for which those funds were made available; each grantee properly accounts for all expenditures of grant funds; and grant funds not used for such purposes and amounts not obligated or expended are returned. The Secretary shall require as a condition of making a grant under this subsection that a grantee— maintain such records as the Secretary considers necessary; make the records described in clause

(i)available for review and audit by the Secretary; and periodically report to the Secretary such information as the Secretary considers necessary to assess progress. The Secretary shall require recipients of assistance under this subsection

(d)to comply with section 113(a) of title 23 with respect to all construction, alteration, installation, or repair work, in the same manner that recipients of assistance under chapter 1 of such title are required to comply with such section for construction work performed on highway projects on Federal-aid highways. With regard to the construction, alteration, or repair of vessels, the same requirements of such section shall apply regardless of whether the location of contract performance is known when bids for such work are solicited. An eligible entity may not use a grant awarded under this subsection to purchase or install fully automated cargo handling equipment or terminal infrastructure that is designed for fully automated cargo handling equipment. Nothing in subparagraph

(A)prohibits an eligible entity from using a grant awarded under this subsection to purchase human-operated zero emissions port equipment and technology or infrastructure that supports such human-operated zero emissions port equipment and technology. Except as provided in subparagraph (B), an eligible entity may not use a grant awarded under this subsection to cover more than 70 percent of the cost of purchasing, and as applicable installing, zero emissions port equipment and technology. With respect to a grant in an amount equal to or greater than $3,000,000, an eligible entity may use such grant to cover not more than 85 percent of the cost of purchasing and installing zero emissions port equipment and technology if such eligible entity certifies to the Secretary that— such grant will be used, at least in part, to employ laborers or mechanics to install zero emissions port equipment and technology; and such eligible entity is a party to a project labor agreement or requires that each subgrantee of such eligible entity, and any subgrantee thereof at any tier, that performs such installation participate in a project labor agreement. An eligible entity that uses a grant awarded under this subsection to install zero emissions port equipment and technology shall ensure, to the greatest extent practicable, that any subgrantee of such eligible entity, and any subgrantee thereof at any tier, that carries out such installation employs laborers or mechanics for such installation that— are domiciled not further than 50 miles from such installation; are members of the Armed Forces serving on active duty, separated from active duty, or retired from active duty; have been incarcerated or served time in a juvenile detention facility; or have a disability. To be eligible to be awarded a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. The Secretary shall prioritize awarding grants under this subsection to eligible entities based on the following: The degree to which the proposed use of the grant will— reduce greenhouse gas emissions; reduce emissions of any criteria pollutant and precursor thereof; reduce hazardous air pollutant emissions; and reduce public health disparities in communities that receive a disproportionate quantity of air pollution from a port. The amount of matching, non-Federal funds expected to be used by an applicant to purchase, and as applicable install, zero emissions port equipment and technology. Whether the applicant will use such grant to purchase, and as applicable install, zero emissions port equipment and technology that is produced in the United States. As applicable, whether the applicant will recruit and retain skilled workers through a Department of Labor approved or State-approved joint labor management apprenticeship program. Not later than 90 days after funds are made available to carry out this subsection, the Secretary shall develop and carry out an educational outreach program to promote and explain the grant program established under paragraph

(1)to prospective grant recipients. In carrying out the outreach program developed under subparagraph (A), the Secretary shall— inform prospective grant recipients how to apply for a grant awarded under this subsection; describe to prospective grant recipients the benefits of available zero emissions port equipment and technology; explain to prospective grant recipients the benefits of participating in the grant program established under this subsection; and 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 subsection. Not later than 90 days after the date on which an eligible entity uses a grant awarded under this subsection, such eligible entity shall submit to the Secretary a report containing such information as the Secretary shall require. Not later than January 31, 2021, and biennially thereafter, the Secretary shall submit to Congress and make available on the website of the Maritime Administration a report that includes, with respect to each grant awarded under this subsection during the preceding calendar years— the name and location of the eligible entity that was awarded such grant; the amount of such grant that the eligible entity was awarded; the name and location of the port where the zero emissions port equipment and technology that was purchased, and as applicable installed, with such grant is used; an estimate of the impact of such zero emissions port equipment and technology on reducing— greenhouse gas emissions; emissions of criteria pollutants and precursors thereof; hazardous air pollutant emissions; and public health disparities in surrounding local communities; and any other information the Secretary determines necessary to understand the impact of grants awarded under this subsection. There is authorized to be appropriated to carry out this subsection $500,000,000 for each of fiscal years 2021 through 2030. To the extent practicable, at least 25 percent of amounts made available to carry out this subsection 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. The Secretary may retain not more than 2 percent of the amounts appropriated for each fiscal year under this subsection for the administrative and oversight costs incurred by the Secretary to carry out this subsection. Amounts appropriated for carrying out this subsection shall remain available until expended. Amounts awarded as a grant under this subsection that are not expended by the grantee during the 5-year period following the date of the award shall remain available to the Secretary for use for grants under this subsection in a subsequent fiscal year. In this subsection: The term active duty has the meaning given such term in section 101 of title 10, United States Code. The term alternative emissions control technology means a technology, technique, or measure that— 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; is verified or approved by a State or Federal air quality regulatory agency; 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; 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— 2.8 g/kW-hr for nitrogen oxide; 0.03 g/kW-hr for particulate matter 2.5; and 0.1 g/kW-hr for reactive organic compounds; and 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 13.8 g. The term criteria pollutant means each of the following: Ground-level ozone. Particulate matter. Carbon monoxide. Lead. Sulfur dioxide. Nitrogen dioxide. The term distributed energy resource means an energy resource that— is located on or near a customer site; is operated on the customer side of the electric meter; and is interconnected with the electric grid. The term distributed energy resource includes— clean electric generation; customer electric efficiency measures; electric demand flexibility; and energy storage. The term eligible entity means— a port authority; a State, regional, local, or Tribal agency that has jurisdiction over a port authority or a port; an air pollution control district or air quality management district; or a private or nonprofit entity, applying for a grant awarded under this subsection in collaboration with another entity described in clauses

(i)through (iii), that owns or uses cargo or transportation equipment at a port. The term energy storage system means a system, equipment, facility, or technology that— is capable of absorbing energy, storing energy for a period of time, and dispatching the stored energy; and uses a mechanical, electrical, chemical, electrochemical, or thermal process to store energy that— was generated at an earlier time for use at a later time; or was generated from a mechanical process, and would otherwise be wasted, for delivery at a later time. The term fully automated cargo handling equipment means cargo handling equipment that— is remotely operated or remotely monitored; and with respect to the use of such equipment, does not require the exercise of human intervention or control. The term nonattainment area has the meaning given such term in section 171 of the Clean Air Act ( 42 U.S.C. 7501 ). The term port includes a maritime port and an inland port. The term port authority means a governmental or quasi-governmental authority formed by a legislative body to operate a port. The term project labor agreement means a pre-hire collective bargaining agreement with one or more labor organization that establishes the terms and conditions of employment for a specific construction project and is described in section 8(f) of the National Labor Relations Act ( 29 U.S.C. 158(f) ). The term apprenticeship program means an apprenticeship 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.), including any requirement, standard, or rule promulgated under such Act, as such requirement, standard, or rule was in effect on December 30, 2019. The term shore power means the provision of shoreside electrical power to a ship at berth that has shut down main and auxiliary engines. The term State Apprenticeship Agency has the meaning given such term in section 29.2 of title 29, Code of Federal Regulations (as in effect on January 1, 2020). The term zero emissions port equipment and technology means equipment and technology, including the equipment and technology described in clause (ii), that— is used at a port; and produces zero exhaust emissions of— any criteria pollutant and precursor thereof; and any greenhouse gas, other than water vapor; or captures 100 percent of the exhaust emissions produced by an ocean-going vessel at berth. The equipment and technology described in this clause is the following: Any equipment that handles cargo. A drayage truck that transports cargo. A train that transports cargo. Port harbor craft. A distributed energy resource. An energy storage system. Electrical charging infrastructure. Shore power or an alternative emissions control technology. An electric transport refrigeration unit. . Paragraph

(3)of subsection

(e)of section 50302 of title 46, United States Code, as redesignated by subsection (a)(1) of this section, is amended— by inserting or

(d)after subsection

(c); and by striking such .

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