§ 47136. Zero-emission airport vehicles and infrastructure

1,449 words·~7 min read·/usc/title-49/section-47136

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In General.— The Secretary of Transportation may establish a pilot program under which the sponsors of public-use airports may use funds made available under this chapter or section 48103 for use at such airports to carry out—

(1)activities associated with the acquisition, by purchase or lease, and operation of eligible zero-emission vehicles and equipment, including removable power sources for such vehicles; and

(2)the construction or modification of infrastructure to facilitate the delivery of fuel, power or services necessary for the use of such vehicles.

(b)Eligibility.— A public-use airport is eligible for participation in the program if the eligible vehicles or equipment are—

(1)used exclusively on airport property; or

(2)used exclusively to transport passengers and employees between the airport and—

(A)nearby facilities which are owned or controlled by the airport or which otherwise directly support the functions or services provided by the airport; or

(B)an intermodal surface transportation facility adjacent to the airport.

(c)Selection Criteria.— In selecting from among applicants for participation in the program, the Secretary shall give priority consideration to applicants that—

(1)will achieve the greatest air quality benefits measured by the amount of emissions reduced per dollar of funds expended under the program; and

(2)provide a long-term management plan for eligible vehicles and equipment that includes the existing and future infrastructure requirements of the airport related to such vehicles and equipment.

(d)Federal Share.— The Federal share of the cost of a project carried out under the program shall be the Federal share specified in section 47109.

(e)Technical Assistance.—

(1)In general.— The sponsor of a public-use airport may use not more than 10 percent of the amounts made available to the sponsor under the program in any fiscal year for—

(A)technical assistance; and

(B)project management support to assist the airport with the solicitation, acquisition, and deployment of zero-emission vehicles, related equipment, and supporting infrastructure.

(2)Providers of technical assistance.— To receive the technical assistance or project management support described in paragraph (1), participants in the program may use—

(A)a nonprofit organization selected by the Secretary; or

(B)a university transportation center receiving grants under section 5505 in the region of the airport.

(f)Materials Identifying Best Practices.— The Secretary may create and make available materials identifying best practices for carrying out activities funded under the program based on previous related projects and other sources.

(g)Allowable Project Cost.— The allowable project cost for the acquisition of a zero-emission vehicle shall be the total cost of purchasing or leasing the vehicle, including the cost of technical assistance or project management support described in subsection (e).

(h)Flexible Procurement.— A sponsor of a public-use airport may use funds made available under the program to acquire, by purchase or lease, a zero-emission vehicle and a removable power source in separate transactions, including transactions by which the airport purchases the vehicle and leases the removable power source.

(i)Testing Required.—

(1)In general.— A sponsor of a public-use airport may not use funds made available under the program to acquire a zero-emission vehicle unless that make, model, or type of vehicle has been tested by a Federal vehicle testing facility acceptable to the Secretary.

(2)Penalties for false statements.— A certification of compliance under paragraph

(1)shall be considered a certification required under this subchapter for purposes of section 47126.

(j)Definitions.— In this section, the following definitions apply:

(1)Eligible zero-emission vehicle and equipment.— The term “eligible zero-emission vehicle and equipment” means a zero-emission vehicle, equipment related to such a vehicle, or ground support equipment that includes zero-emission technology that is—

(A)used exclusively on airport property; or

(B)used exclusively to transport passengers and employees between the airport and—

(i)nearby facilities which are owned or controlled by the airport or which otherwise directly support the functions or services provided by the airport; or

(ii)an intermodal surface transportation facility adjacent to the airport.

(2)Removable power source.— The term “removable power source” means a power source that is separately installed in, and removable from, a zero-emission vehicle and may include a battery, a fuel cell, an ultra-capacitor, or other power source used in a zero-emission vehicle.

(3)Zero-emission vehicle.— The term “zero-emission vehicle” means—

(A)a zero-emission vehicle as defined in section 88.102–94 of title 40, Code of Federal Regulations; or

(B)a vehicle that produces zero exhaust emissions of any criteria pollutant (or precursor pollutant) under any possible operational modes and conditions.

(Added Pub. L. 112–95, title V, § 511(a), Feb. 14, 2012, 126 Stat. 107, § 47136a; renumbered § 47136 and amended Pub. L. 115–254, div. B, title I, §§ 166(b)(1), 192(a), Oct. 5, 2018, 132 Stat. 3226, 3239; Pub. L. 118–63, title VII, § 722, May 16, 2024, 138 Stat. 1265.)

Connections4 cite this · traces to 4

Cited by 4 sections

public-private-law