Sec. 452. Grants to reduce air pollution at ports
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Not later than 6 months after the date of enactment of this Act, the Administrator shall establish a program to award grants to eligible entities to develop and implement a qualified climate action plan at one or more ports. In carrying out the program established under subsection (a), the Administrator shall award the following types of grants: The Administrator may award grants to eligible entities for development of a qualified climate action plan. The Administrator may award grants to eligible entities to purchase, install, or utilize zero-emissions port equipment and technology at one or more ports.
The use of equipment and technology pursuant to a grant under this subsection shall be consistent with the qualified climate action plan of the eligible entity. To seek a grant that is awarded under subsection (b), an eligible entity shall submit an application to the Administrator at such time, in such manner, and containing such information and assurances as the Administrator may require. An eligible entity may submit concurrent applications for both types of grants described in subsection (b), provided that the eligible entity demonstrates how use of a grant awarded under subsection (b)(2) will be consistent with the qualified climate action plan to be developed using a grant awarded under subsection (b)(1).
An eligible entity may not use a grant awarded under subsection (b)(2) to purchase fully automated cargo-handling equipment or terminal infrastructure that is designed for fully automated cargo-handling equipment. An eligible entity may not use a grant awarded under subsection (b)(2) to cover more than 80 percent of the cost of purchasing, installing, or utilizing zero-emissions port equipment and technology. All laborers and mechanics employed by a subgrantee of an eligible entity, and any subgrantee thereof at any tier, to perform construction, alteration, installation, or repair work that is assisted, in whole or in part, by a grant awarded under this section shall be paid wages at rates not less than those prevailing on similar construction, alteration, installation, or repair work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code.
With respect to the labor standards in paragraph (1), the Secretary of Labor shall 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. Any projects initiated using a grant under subsection (b)(2) with total capital costs of $1,000,000 or greater shall utilize a project labor agreement, as described in section 8(f) of the National Labor Relations Act ( 29 U.S.C. 158(f) ).
An eligible entity may not extend use of a grant provided under this subtitle to a subgrantee of the eligible entity, and any subgrantee thereof at any tier, to perform construction, alteration, installation, or repair work at any location other than the port or ports involved. The Administrator shall prioritize awarding grants under subsection (b)(2) to eligible entities based on the following: The degree to which the eligible entity proposes to reduce— the amount of greenhouse gases emitted at a port; the amount of criteria pollutants, including any precursor thereof, emitted at a port; the amount of hazardous air pollutants emitted at a port; and health disparities in environmental justice communities near a port.
The degree to which the eligible entity— takes a regional approach, as applicable, to reducing greenhouse gas emissions by collaborating efforts with other ports and local electric utility owners and operators; with respect to use of the grant, proposes to enable increased electrification of infrastructure or operations at the port or ports involved; and proposes to use equipment and technology that is produced in the United States. The degree to which the eligible entity, any subgrantee of such eligible entity, and any subgrantee thereof proposes to hire individuals to carry out the installation of zero-emissions port equipment and technology who— are domiciled— if the applicable installation area is a major urban area, not further than 15 miles from such installation area; and if the applicable installation area is not a major urban area, not further than 50 miles from such installation area; are displaced and unemployed energy workers; 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 or adult detention or correctional facility, or been placed on probation, community supervision, or in a diversion scheme; have a disability; are homeless; are receiving public assistance; lack a general education diploma or high school diploma; are emancipated from the foster care system; or are registered apprentices with fewer than 15 percent of the required graduating apprentice hours in a program.
Not later than 90 days after the date on which funds are made available to carry out this section, the Administrator shall develop and carry out an educational outreach program to promote and explain the program established under this subtitle. Not later than 90 days after receipt of a grant awarded under subsection (b), and thereafter on a periodic basis to be determined by the Administrator, the grantee shall submit to the Administrator a report on the progress of the grantee in carrying out measures funded through the grant.
Not later than 1 year after the establishment of the program in subsection (a), and annually thereafter, the Administrator shall submit to Congress and make available on the public website of the Environmental Protection Agency a report that includes, with respect to each grant awarded under this section during the preceding calendar year— 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 each port where measures are carried out; an estimate of the impact of measures on reducing— the amount of greenhouse gases emitted at each port; the amount of criteria pollutants, including any precursors thereof, emitted at each port; the amount of hazardous air pollutants emitted at each port; and health disparities in near-port communities; and any other information the Administrator determines necessary to understand the impact of grants awarded under this subsection.
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- 64 Stat. 1267
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