,,ii #aagth ,,congress #ast ,session ,s4 #baf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #c1 #bjba,mr4 ,merkley 7for himself1 ,ms4 ,warren1 ,mrs4 ,gillibrand1 ,mr4 ,wyden1 ,mrs4 ,feinstein1 and ,mr4 ,heinrich7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to direct the ,administrator of the ,environmental ,protection ,agency to establish a grant program to award grants to eligible entities to purchase and install1 as applicable1 zero emissions port equipment and technology1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,climate ,smart ,ports ,act of #bjba4 #b4 ,climate smart ports grant program 7a7 ,definitions ,in this section3 7#a7 ,active duty ,the term active duty has the meaning given the term in section #aja7;d7 of title #aj1 ,united ,states ,code4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#c7 ,alternative emissions control technology ,the term alternative emissions control technology means a technology1 technique1 or measure that-- 7,a7 captures the emissions of nitrogen oxide1 particulate matter1 reactive organic compounds1 and greenhouse gases from the auxiliary engine and auxiliary boiler of an ocean-going vessel at berth2 7,b7 is verified or approved by a ,state or ,federal air quality regulatory agency2 7,c7 the use of which achieves at least the equivalent reduction of emissions as the use of shore power for an ocean-going vessel at berth2 7,d7 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-- 7i7 #b4h grams per kilowatt-hour for nitrogen oxide2 7ii7 #j4jc grams per kilowatt-hour for fine particulate matter 7,,pm#b4e72 and 7iii7 #j4a grams per kilowatt-hour for reactive organic compounds2 and 7,e7 reduces the emissions of the auxiliary engine and boiler of an ocean-going vessel at berth by at least #hj percent of the default emissions rate1 which is1 as of the date of enactment of this ,act1 #ac4h grams per kilowatt-hour4 7#d7 ,criteria pollutant ,the term criteria pollutant means-- 7,a7 ground-level ozone2 7,b7 particulate matter2 7,c7 carbon monoxide2 7,d7 lead2 7,e7 sulfur dioxide2 and 7,f7 nitrogen dioxide4 7#e7 ,distributed energy resource 7,a7 ,in general ,the term distributed energy resource means an energy resource that-- 7i7 is located on or near a customer site2 7ii7 is operated on the customer side of the electric meter2 and 7iii7 is interconnected with the electric grid4 7,b7 ,inclusions ,the term distributed energy resource includes-- 7i7 clean electric generation2 7ii7 customer electric efficiency measures2 7iii7 electric demand flexibility2 and 7iv7 energy storage4 7#f7 ,eligible entity ,the term eligible entity means-- 7,a7 a port authority2 7,b7 a ,state1 regional1 local1 or ,tribal agency that has jurisdiction over a port authority or a port2 7,c7 an air pollution control district or air quality management district2 and 7,d7 a private or nonprofit entity1 applying for a grant awarded under this section in collaboration with another entity described in subparagraphs 7,a7 through 7,c71 that owns or uses cargo or transportation equipment at a port4 7#g7 ,energy storage system ,the term energy storage system means a system1 piece of equipment1 facility1 or technology that-- 7,a7 is capable of absorbing energy1 storing energy for a period of time1 and dispatching that stored energy2 and 7,b7 uses a mechanical1 electrical1 chemical1 electrochemical1 or thermal process to store energy that-- 7i7 was generated at an earlier time for use at a later time2 or 7ii7 was generated from a mechanical process1 and would otherwise be wasted1 for delivery at a later time4 7#h7 ,fully automated cargo handling equipment ,the term fully automated cargo handling equipment means cargo handling equipment that-- 7,a7 is remotely operated or remotely monitored2 and 7,b7 with respect to the use of that equipment1 does not require the exercise of human intervention or control4 7#i7 ,major urban area ,the term major urban area means a metropolitan statistical area within the ,united ,states with an estimated population of #a1ejj1jjj or more4 7#aj7 ,nonattainment area ,the term nonattainment area has the meaning given the term in section #aga of the ,clean ,air ,act 7#db ,u4,s4,c4 #geja74 7#aa7 ,port ,the term port includes a maritime port and an inland port4 7#ab7 ,port authority ,the term port authority means a governmental or quasi-governmental authority formed by a legislative body to operate a port4 7#ac7 ,project labor agreement ,the term project labor agreement means a pre-hire collective bargaining agreement with #a or more labor organization that-- 7,a7 establishes the terms and conditions of employment for a specific construction project2 and 7,b7 is described in section #h7;f7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;f774 7#ad7 ,registered apprentice ,the term registered apprentice means a person who is participating in a registered apprenticeship program4 7#ae7 ,registered apprenticeship program ,the term registered apprenticeship program means a program registered under the ,act of ,august #af1 #aicg 7commonly known as the 8,national ,apprenticeship ,act02 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 7#af7 ,shore power ,the term shore power means the provision of shoreside electrical power to a ship at berth that has shut down main and auxiliary engines4 7#ag7 ,state ,apprenticeship ,agency ,the term ,state ,apprenticeship ,agency has the meaning given the term in section #bi4b of title #bi1 ,code of ,federal ,regulations 7as in effect on ,january #a1 #bjbj74 7#ah7 ,zero emissions port equipment and technology 7,a7 ,in general ,the term zero emissions port equipment and technology means equipment and technology that-- 7i7 is used at a port2 and 7ii7 7,i7 produces zero exhaust emissions of-- 7aa7 any criteria pollutant and precursor of a criteria pollutant2 and 7bb7 any greenhouse gas1 other than water vapor2 or 7,,ii7 captures #ajj percent of the exhaust emissions produced by an ocean-going vessel at berth4 7,b7 ,inclusions ,the term zero emissions port equipment and technology includes-- 7i7 any equipment that handles cargo2 7ii7 a drayage truck that transports cargo2 7iii7 a train that transports cargo2 7iv7 port harbor craft2 7v7 a distributed energy resource2 7vi7 an energy storage system2 7vii7 electrical charging infrastructure2 7viii7 shore power or an alternative emissions control technology2 and 7ix7 an electric transport refrigeration unit4 7b7 ,establishment ,subject to the availability of appropriations1 not later than #ahj days after the date of enactment of this section1 the ,administrator shall establish a grant program to award grants to eligible entities to purchase and install1 as applicable1 zero emissions port equipment and technology4 7c7 ,application 7#a7 ,in general ,to be eligible to receive a grant under this section1 an eligible entity shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require4 7#b7 ,priority ,the ,administrator shall prioritize awarding grants under this section to eligible entities based on-- 7,a7 the degree to which the proposed use of the grant will-- 7i7 reduce greenhouse gas emissions2 7ii7 reduce emissions of any criteria pollutant and precursor of a criteria pollutant2 7iii7 reduce hazardous air pollutant emissions2 and 7iv7 reduce public health disparities in communities that receive a disproportionate quantity of air pollution from a port2 7,b7 the amount of matching1 non-,federal funds expected to be used by an applicant to purchase and install1 as applicable1 zero emissions port equipment and technology2 7,c7 whether the applicant will use the grant to purchase and install1 as applicable1 zero emissions port equipment and technology that is produced in the ,united ,states2 7,d7 whether the applicant will meet the utilization requirements for registered apprentices established by the ,secretary of ,labor or a ,state ,apprenticeship ,agency1 as applicable2 and 7,e7 whether the applicant will recruit and retain skilled workers through a ,state-approved joint labor-management apprenticeship program1 as applicable4 7d7 ,use of funds 7#a7 ,in general ,a grant awarded under this section shall be used to purchase and install1 as applicable1 zero emissions port equipment and technology4 7#b7 ,prohibited use 7,a7 ,in general ,an eligible entity may not use a grant awarded under this section to purchase or install fully automated cargo handling equipment or terminal infrastructure that is designed for fully automated cargo handling equipment4 7,b7 ,human-operated zero emissions port equipment and technology ,nothing in subparagraph 7,a7 prohibits an eligible entity from using a grant awarded under this section to purchase human-operated zero emissions port equipment and technology or infrastructure that supports the human-operated zero emissions port equipment and technology4 7#c7 ,cost-sharing 7,a7 ,in general ,except as provided in subparagraph 7,b71 an eligible entity may not use a grant awarded under this section to cover more than #gj percent of the cost of purchasing and installing1 as applicable1 zero emissions port equipment and technology4 7,b7 ,certain grants ,with respect to a grant of #c1jjj1jjj or more1 an eligible entity may use the grant to cover not more than #he percent of the cost of purchasing and installing zero emissions port equipment and technology if that eligible entity certifies to the ,administrator that-- 7i7 the grant will be used1 at least in part1 to employ laborers or mechanics to install zero emissions port equipment and technology2 and 7ii7 the eligible entity is a party to a project labor agreement or requires that each subgrantee of the eligible entity1 and any subgrantee of that subgrantee at any tier1 that performs the installation participate in a project labor agreement4 7#d7 ,project labor ,an eligible entity that uses a grant awarded under this section to install zero emissions port equipment and technology shall ensure1 to the greatest extent practicable1 that any subgrantee of the eligible entity1 and any subgrantee of that subgrantee1 at any tier1 that carries out the installation employs at least #dj percent of the laborers or mechanics for the installation from among individuals who-- 7,a7 are domiciled-- 7i7 if the applicable installation area is a major urban area1 not further than #ae miles from the installation area2 and 7ii7 if the applicable installation area is not a major urban area1 not further than #ej miles from the installation area2 7,b7 are displaced and unemployed energy workers2 7,c7 are members of the ,armed ,forces serving on active duty1 separated from active duty1 or retired from active duty2 7,d7 have been incarcerated or served time in a juvenile or adult detention or correctional facility1 or been placed on probation1 community supervision1 or in a diversion scheme2 7,e7 have a disability2 7,f7 are homeless2 7,g7 are receiving public assistance2 7,h7 lack a general education diploma or high school diploma2 7,i7 are emancipated from the foster care system2 or 7,j7 are registered apprentices with fewer than #ae percent of the required graduating apprentice hours in a program4 7e7 ,wages 7#a7 ,in general ,all laborers and mechanics employed by a subgrantee of an eligible entity1 and any subgrantee of a subgrantee at any tier1 to perform construction1 alteration1 installation1 or repair work that is assisted1 in whole or in part1 by a grant awarded under this section1 shall be paid wages at rates not less than those prevailing on similar construction1 alteration1 installation1 or repair work in the locality as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7#b7 ,labor standards ,with respect to the labor standards in this subsection1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7f7 ,outreach 7#a7 ,in general ,not later than #ij days after funds are made available to carry out this section1 the ,administrator shall develop and carry out an educational outreach program to promote and explain the grant program established under subsection 7b7 to prospective grant recipients4 7#b7 ,program components ,in carrying out the outreach program developed under paragraph 7#a71 the ,administrator shall-- 7,a7 inform prospective grant recipients how to apply for a grant awarded under this section2 7,b7 describe to prospective grant recipients the benefits of available zero emissions port equipment and technology2 7,c7 explain to prospective grant recipients the benefits of participating in the grant program established under this section2 and 7,d7 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 section4 7g7 ,reports 7#a7 ,report to ,administrator ,not later than #ij days after the date on which an eligible entity is awarded a grant under this section1 that eligible entity shall submit to the ,administrator a report containing such information as the ,administrator shall require4 7#b7 ,annual report to ,congress ,not later than ,january #ca1 #bjbb1 and annually thereafter for each calendar year subsequent to a calendar year during which a grant was awarded under this section1 the ,administrator shall submit to ,congress1 and make available on the website of the ,environmental ,protection ,agency1 a report that includes1 with respect to each grant awarded under this section during the preceding calendar year-- 7,a7 the name and location of the eligible entity that was awarded a grant2 7,b7 the amount of the grant that the eligible entity was awarded2 7,c7 the name and location of the port where the zero emissions port equipment and technology that was purchased and installed1 as applicable1 with the grant was used2 7,d7 an estimate of the impact of the zero emissions port equipment and technology on reducing-- 7i7 greenhouse gas emissions2 7ii7 emissions of criteria pollutants and precursors of criteria pollutants2 7iii7 hazardous air pollutant emissions2 and 7iv7 public health disparities2 and 7,e7 any other information the ,administrator determines is necessary to understand the impact of grants awarded under this section4 7h7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,administrator to carry out this section #a1jjj1jjj1jjj for each of fiscal years #bjbb through #bjca4 7#b7 ,nonattainment areas ,to the maximum extent practicable1 #be percent of amounts made available to carry out this section 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 areas4 #c4 ,energy ,policy ,act of #bjje authorization of appropriations for port authorities ,section #gig of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afacg7 is amended by adding at the end the following3 7c7 ,port authorities ,in addition to amounts made available under subsection 7a71 there is authorized to be appropriated #ej1jjj1jjj for each of fiscal years #bjbb through #bjbf to award grants1 rebates1 or loans under section #gib to eligible entities to carry out projects that reduce emissions at ports4 4