§ 7433. Grants to reduce air pollution at ports

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(a)Appropriations

(1)General assistance In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $2,250,000,000, to remain available until September 30, 2027, to award rebates and grants to eligible recipients on a competitive basis—

(A)to purchase or install zero-emission port equipment or technology for use at, or to directly serve, one or more ports;

(B)to conduct any relevant planning or permitting in connection with the purchase or installation of such zero-emission port equipment or technology; and

(C)to develop qualified climate action plans.

(2)Nonattainment areas In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $750,000,000, to remain available until September 30, 2027, to award rebates and grants to eligible recipients to carry out activities described in paragraph

(1)with respect to ports located in air quality areas designated pursuant to section 7407 of this title as nonattainment for an air pollutant.

(b)Limitation Funds awarded under this section shall not be used by any recipient or subrecipient to purchase or install zero-emission port equipment or technology that will not be located at, or directly serve, the one or more ports involved.

(c)Administration of funds Of the funds made available by this section, the Administrator shall reserve 2 percent for administrative costs necessary to carry out this section.

(d)Definitions In this section:

(1)Eligible recipient The term “eligible recipient” means—

(A)a port authority;

(B)a State, regional, local, or Tribal agency that has jurisdiction over a port authority or a port;

(C)an air pollution control agency; or

(D)a private entity that—

(i)applies for a grant under this section in partnership with an entity described in any of subparagraphs

(A)through (C); and

(ii)owns, operates, or uses the facilities, cargo-handling equipment, transportation equipment, or related technology of a port.

(2)Greenhouse gas The term “greenhouse gas” means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.

(3)Qualified climate action plan The term “qualified climate action plan” means a detailed and strategic plan that—

(A)establishes goals, implementation strategies, and accounting and inventory practices to reduce emissions at one or more ports of—

(i)greenhouse gases;

(ii)an air pollutant that is listed pursuant to section 7408(a) of this title (or any precursor to such an air pollutant); and

(iii)hazardous air pollutants;

(B)includes a strategy to collaborate with, communicate with, and address potential effects on low-income and disadvantaged near-port communities and other stakeholders that may be affected by implementation of the plan; and

(C)describes how an eligible recipient has implemented or will implement measures to increase the resilience of the one or more ports involved.

(4)Zero-emission port equipment or technology The term “zero-emission port equipment or technology” means human-operated equipment or human-maintained technology that—

(A)produces zero emissions of any air pollutant that is listed pursuant to section 7408(a) of this title (or any precursor to such an air pollutant) and any greenhouse gas other than water vapor; or

(B)captures 100 percent of the emissions described in subparagraph

(A)that are produced by an ocean-going vessel at berth.

(July 14, 1955, ch. 360, title I, § 133, as added Pub. L. 117–169, title VI, § 60102, Aug. 16, 2022, 136 Stat. 2064.)

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