II 

116TH CONGRESS 

2D SESSION S. 4046 

To direct the Administrator of the Environmental Protection Agency to establish a program to award grants to eligible entities to purchase, and 

as applicable install, zero emissions port equipment and technology, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 23, 2020 

Mr. MERKLEY (for himself, Mr. WYDEN, Mr. BOOKER, Ms. WARREN, Mr. 

HEINRICH, and Mrs. FEINSTEIN) introduced the following bill; 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 program to award grants to eligible 

entities to purchase, and as applicable install, zero emissions port equipment and technology, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Climate Smart Ports 

5 Act’’. 


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1 SEC. 2. CLIMATE SMART PORTS GRANT PROGRAM. 

2 (a) ESTABLISHMENT.—Not later than 6 months after 

3 the date of enactment of this section, the Administrator 

4 shall establish a program to award grants to eligible enti5 ties to purchase, and as applicable install, zero emissions 

6 port equipment and technology. 

7 (b) USE OF GRANTS.— 

8 (1) IN GENERAL.—An eligible entity may use a 

9 grant awarded under this section to purchase, and 

10 as applicable install, zero emissions port equipment 

11 and technology. 

12 (2) PROHIBITED USE.— 

13 (A) IN GENERAL.—An eligible entity may 

14 not use a grant awarded under this section to 

15 purchase or install fully automated cargo han16 dling equipment or terminal infrastructure that 

17 is designed for fully automated cargo handling 

18 equipment. 

19 (B) HUMAN-OPERATED ZERO EMISSIONS

20 PORT EQUIPMENT AND TECHNOLOGY.—Nothing 

21 in subparagraph (A) prohibits an eligible entity 

22 from using a grant awarded under this section 

23 to purchase human-operated zero emissions 

24 port equipment and technology or infrastruc25 ture that supports such human-operated zero 

26 emissions port equipment and technology. 


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1 (3) COST SHARE.— 

2 (A) IN GENERAL.—Except as provided in 

3 subparagraph (B), an eligible entity may not 

4 use a grant awarded under this section to cover 

5 more than 70 percent of the cost of purchasing, 

6 and as applicable installing, zero emissions port 

7 equipment and technology. 

8 (B) CERTAIN GRANTS.—With respect to a 

9 grant in an amount equal to or greater than 

10 $3,000,000, an eligible entity may use such 

11 grant to cover not more than 85 percent of the 

12 cost of purchasing and installing zero emissions 

13 port equipment and technology if such eligible 

14 entity certifies to the Administrator that— 

15 (i) such grant will be used, at least in 

16 part, to employ laborers or mechanics to 

17 install zero emissions port equipment and 

18 technology; and 

19 (ii) such eligible entity is a party to a 

20 project labor agreement or requires that 

21 each subgrantee of such eligible entity, and 

22 any subgrantee thereof at any tier, that 

23 performs such installation participate in a 

24 project labor agreement. 


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1 (4) PROJECT LABOR.—An eligible entity that 

2 uses a grant awarded under this section to install 

3 zero emissions port equipment and technology shall 

4 ensure, to the greatest extent practicable, that any 

5 subgrantee of such eligible entity, and any sub6 grantee thereof at any tier, that carries out such in7 stallation employs laborers or mechanics for such in8 stallation that— 

9 (A) are domiciled not further than 50 

10 miles from such installation; 

11 (B) are members of the Armed Forces 

12 serving on active duty, separated from active 

13 duty, or retired from active duty; 

14 (C) have been incarcerated or served time 

15 in a juvenile detention facility; or 

16 (D) have a disability. 

17 (c) WAGES.— 

18 (1) IN GENERAL.—All laborers and mechanics 

19 employed by a subgrantee of an eligible entity, and 

20 any subgrantee thereof at any tier, to perform con21 struction, alteration, installation, or repair work that 

22 is assisted, in whole or in part, by a grant awarded 

23 under this section shall be paid wages at rates not 

24 less than those prevailing on similar construction, al25 teration, installation, or repair work in the locality 


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1 as determined by the Secretary of Labor in accord2 ance with subchapter IV of chapter 31 of title 40, 

3 United States Code. 

4 (2) LABOR STANDARDS.—With respect to the 

5 labor standards in this subsection, the Secretary of 

6 Labor shall have the authority and functions set 

7 forth in Reorganization Plan Numbered 14 of 1950 

8 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 

9 title 40, United States Code. 

10 (d) APPLICATION.— 

11 (1) IN GENERAL.—To be eligible to be awarded 

12 a grant under this section, an eligible entity shall 

13 submit to the Administrator an application at such 

14 time, in such manner, and containing such informa15 tion as the Administrator may require. 

16 (2) PRIORITY.—The Administrator shall priori17 tize awarding grants under this section to eligible 

18 entities based on the following: 

19 (A) The degree to which the proposed use 

20 of the grant will— 

21 (i) reduce greenhouse gas emissions; 

22 (ii) reduce emissions of any criteria 

23 pollutant and precursor thereof; 

24 (iii) reduce hazardous air pollutant 

25 emissions; and 


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1 (iv) reduce public health disparities in 

2 communities that receive a dispropor3 tionate quantity of air pollution from a 

4 port. 

5 (B) The amount of matching, non-Federal 

6 funds expected to be used by an applicant to 

7 purchase, and as applicable install, zero emis8 sions port equipment and technology. 

9 (C) Whether the applicant will use such 

10 grant to purchase, and as applicable install, 

11 zero emissions port equipment and technology 

12 that is produced in the United States. 

13 (D) As applicable, whether the applicant 

14 will meet the utilization requirements for reg15 istered apprentices established by the Secretary 

16 of Labor or a State Apprenticeship Agency. 

17 (E) As applicable, whether the applicant 

18 will recruit and retain skilled workers through 

19 a State-approved joint labor management ap20 prenticeship program. 

21 (e) OUTREACH.— 

22 (1) IN GENERAL.—Not later than 90 days after 

23 funds are made available to carry out this section, 

24 the Administrator shall develop and carry out an 

25 educational outreach program to promote and exVerDate Sep 11 2014 00:25 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4046.IS S4046

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1 plain the grant program established under sub2 section (a) to prospective grant recipients. 

3 (2) PROGRAM COMPONENTS.—In carrying out 

4 the outreach program developed under paragraph 

5 (1), the Administrator shall— 

6 (A) inform prospective grant recipients 

7 how to apply for a grant awarded under this 

8 section; 

9 (B) describe to prospective grant recipients 

10 the benefits of available zero emissions port 

11 equipment and technology; 

12 (C) explain to prospective grant recipients 

13 the benefits of participating in the grant pro14 gram established under this section; and 

15 (D) facilitate the sharing of best practices 

16 and lessons learned between grant recipients 

17 and prospective grant recipients with respect to 

18 how to apply for and use grants awarded under 

19 this section. 

20 (f) REPORTS.— 

21 (1) REPORT TO ADMINISTRATOR.—Not later 

22 than 90 days after the date on which an eligible en23 tity uses a grant awarded under this section, such 

24 eligible entity shall submit to the Administrator a reVerDate Sep 11 2014 00:25 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4046.IS S4046

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1 port containing such information as the Adminis2 trator shall require. 

3 (2) ANNUAL REPORT TO CONGRESS.—Not later 

4 than January 31, 2021, and annually thereafter, the 

5 Administrator shall submit to Congress and make 

6 available on the website of the Environmental Pro7 tection Agency a report that includes, with respect 

8 to each grant awarded under this section during the 

9 preceding calendar year— 

10 (A) the name and location of the eligible 

11 entity that was awarded such grant; 

12 (B) the amount of such grant that the eli13 gible entity was awarded; 

14 (C) the name and location of the port 

15 where the zero emissions port equipment and 

16 technology that was purchased, and as applica17 ble installed, with such grant is used; 

18 (D) an estimate of the impact of such zero 

19 emissions port equipment and technology on re20 ducing— 

21 (i) greenhouse gas emissions; 

22 (ii) emissions of criteria pollutants 

23 and precursors thereof; 

24 (iii) hazardous air pollutant emissions; 

25 and 


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1 (iv) public health disparities; and 

2 (E) any other information the Adminis3 trator determines necessary to understand the 

4 impact of grants awarded under this section. 

5 (g) AUTHORIZATION OF APPROPRIATIONS.— 

6 (1) IN GENERAL.—There is authorized to be 

7 appropriated to carry out this section 

8 $1,000,000,000 for each of fiscal years 2021 

9 through 2030. 

10 (2) NONATTAINMENT AREAS.—To the extent 

11 practicable, at least 25 percent of amounts made 

12 available to carry out this section in each fiscal year 

13 shall be used to award grants to eligible entities to 

14 provide zero emissions port equipment and tech15 nology to ports that are in nonattainment areas. 

16 (h) DEFINITIONS.—In this section: 

17 (1) ACTIVE DUTY.—The term ‘‘active duty’’ has 

18 the meaning given such term in section 101 of title 

19 10, United States Code. 

20 (2) ADMINISTRATOR.—The term ‘‘Adminis21 trator’’ means the Administrator of the Environ22 mental Protection Agency. 

23 (3) ALTERNATIVE EMISSIONS CONTROL TECH24 NOLOGY.—The term ‘‘alternative emissions control 


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1 technology’’ means a technology, technique, or meas2 ure that— 

3 (A) captures the emissions of nitrogen 

4 oxide, particulate matter, reactive organic com5 pounds, and greenhouse gases from the auxil6 iary engine and auxiliary boiler of an ocean7 going vessel at berth; 

8 (B) is verified or approved by a State or 

9 Federal air quality regulatory agency; 

10 (C) the use of which achieves at least the 

11 equivalent reduction of emissions as the use of 

12 shore power for an ocean-going vessel at berth; 

13 (D) the use of which results in reducing 

14 emissions of the auxiliary engine of an ocean15 going vessel at berth to a rate of less than— 

16 (i) 2.8 g/kW-hr for nitrogen oxide; 

17 (ii) 0.03 g/kW-hr for particulate mat18 ter 2.5; and 

19 (iii) 0.1 g/kW-hr for reactive organic 

20 compounds; and 

21 (E) reduces the emissions of the auxiliary 

22 engine and boiler of an ocean-going vessel at 

23 berth by at least 80 percent of the default emis24 sions rate, which is 13.8 g. 


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1 (4) CRITERIA POLLUTANT.—The term ‘‘criteria 

2 pollutant’’ means each of the following: 

3 (A) Ground-level ozone. 

4 (B) Particulate matter. 

5 (C) Carbon monoxide. 

6 (D) Lead. 

7 (E) Sulfur dioxide. 

8 (F) Nitrogen dioxide. 

9 (5) DISTRIBUTED ENERGY RESOURCE.— 

10 (A) IN GENERAL.—The term ‘‘distributed 

11 energy resource’’ means an energy resource 

12 that— 

13 (i) is located on or near a customer 

14 site; 

15 (ii) is operated on the customer side 

16 of the electric meter; and 

17 (iii) is interconnected with the electric 

18 grid. 

19 (B) INCLUSIONS.—The term ‘‘distributed 

20 energy resource’’ includes— 

21 (i) clean electric generation; 

22 (ii) customer electric efficiency meas23 ures; 

24 (iii) electric demand flexibility; and 

25 (iv) energy storage. 


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1 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means— 

3 (A) a port authority; 

4 (B) a State, regional, local, or Tribal agen5 cy that has jurisdiction over a port authority or 

6 a port; 

7 (C) an air pollution control district or air 

8 quality management district; or 

9 (D) a private or nonprofit entity, applying 

10 for a grant awarded under this section in col11 laboration with another entity described in sub12 paragraphs (A) through (C), that owns or uses 

13 cargo or transportation equipment at a port. 

14 (7) ENERGY STORAGE SYSTEM.—The term ‘‘en15 ergy storage system’’ means a system, equipment, 

16 facility, or technology that— 

17 (A) is capable of absorbing energy, storing 

18 energy for a period of time, and dispatching the 

19 stored energy; and 

20 (B) uses a mechanical, electrical, chemical, 

21 electrochemical, or thermal process to store en22 ergy that— 

23 (i) was generated at an earlier time 

24 for use at a later time; or 


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1 (ii) was generated from a mechanical 

2 process, and would otherwise be wasted, 

3 for delivery at a later time. 

4 (8) FULLY AUTOMATED CARGO HANDLING

5 EQUIPMENT.—The term ‘‘fully automated cargo 

6 handling equipment’’ means cargo handling equip7 ment that— 

8 (A) is remotely operated or remotely mon9 itored; and 

10 (B) with respect to the use of such equip11 ment, does not require the exercise of human 

12 intervention or control. 

13 (9) NONATTAINMENT AREA.—The term ‘‘non14 attainment area’’ has the meaning given such term 

15 in section 171 of the Clean Air Act (42 U.S.C. 

16 7501). 

17 (10) PORT.—The term ‘‘port’’ includes a mari18 time port and an inland port. 

19 (11) PORT AUTHORITY.—The term ‘‘port au20 thority’’ means a governmental or quasi-govern21 mental authority formed by a legislative body to op22 erate a port. 

23 (12) PROJECT LABOR AGREEMENT.—The term 

24 ‘‘project labor agreement’’ means a pre-hire collec25 tive bargaining agreement with one or more labor 


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1 organization that establishes the terms and condi2 tions of employment for a specific construction 

3 project and is described in section 8(f) of the Na4 tional Labor Relations Act (29 U.S.C. 158(f)). 

5 (13) REGISTERED APPRENTICE.—The term 

6 ‘‘registered apprentice’’ means a person who is par7 ticipating in a registered apprenticeship program. 

8 (14) REGISTERED APPRENTICESHIP PRO9 GRAM.—The term ‘‘registered apprenticeship pro10 gram’’ means a program registered pursuant to the 

11 Act of August 16, 1937 (commonly known as the 

12 ‘‘National Apprenticeship Act’’; 50 Stat. 664, chap13 ter 663; 29 U.S.C. 50 et seq.). 

14 (15) SHORE POWER.—The term ‘‘shore power’’ 

15 means the provision of shoreside electrical power to 

16 a ship at berth that has shut down main and auxil17 iary engines. 

18 (16) STATE APPRENTICESHIP AGENCY.—The 

19 term ‘‘State Apprenticeship Agency’’ has the mean20 ing given such term in section 29.2 of title 29, Code 

21 of Federal Regulations (as in effect on January 1, 

22 2020). 

23 (17) ZERO EMISSIONS PORT EQUIPMENT AND

24 TECHNOLOGY.— 


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1 (A) IN GENERAL.—The term ‘‘zero emis2 sions port equipment and technology’’ means 

3 equipment and technology, including the equip4 ment and technology described in subparagraph 

5 (B), that— 

6 (i) is used at a port; and 

7 (ii)(I) produces zero exhaust emissions 

8 of— 

9 (aa) any criteria pollutant and 

10 precursor thereof; and 

11 (bb) any greenhouse gas, other 

12 than water vapor; or 

13 (II) captures 100 percent of the ex14 haust emissions produced by an ocean15 going vessel at berth. 

16 (B) EQUIPMENT AND TECHNOLOGY DE17 SCRIBED.—The equipment and technology de18 scribed in this subparagraph is the following: 

19 (i) Any equipment that handles cargo. 

20 (ii) A drayage truck that transports 

21 cargo. 

22 (iii) A train that transports cargo. 

23 (iv) Port harbor craft. 

24 (v) A distributed energy resource. 

25 (vi) An energy storage system. 


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1 (vii) Electrical charging infrastruc2 ture. 

3 (viii) Shore power or an alternative 

4 emissions control technology. 

5 (ix) An electric transport refrigeration 

6 unit. 

7 SEC. 3. ENERGY POLICY ACT OF 2005 AUTHORIZATION OF 

8 APPROPRIATIONS FOR PORT AUTHORITIES. 

9 Section 797 of the Energy Policy Act of 2005 (42 

10 U.S.C. 16137) is amended by adding at the end the fol11 lowing: 

12 ‘‘(c) PORT AUTHORITIES.—There is authorized to be 

13 appropriated $50,000,000 for each of fiscal years 2021 

14 through 2025 to award grants, rebates, or loans, under 

15 section 792, to eligible entities to carry out projects that 

16 reduce emissions at ports.’’. 

Æ 


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