I 

116TH CONGRESS 

2D SESSION H. R. 7024 

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 HOUSE OF REPRESENTATIVES 

MAY 27, 2020 

Ms. BARRAGA ́N (for herself, Ms. TLAIB, Mr. HUFFMAN, Ms. NORTON, Ms. 

WASSERMAN SCHULTZ, Ms. SCHAKOWSKY, Mr. LOWENTHAL, Mr. 

RASKIN, Mr. CASE, Mr. SMITH of Washington, Ms. CLARKE of New 

York, Ms. VELA ́ZQUEZ, Mr. ROUDA, Mr. LYNCH, Mr. KENNEDY, Ms. 

JAYAPAL, Mr. RICHMOND, Ms. BLUNT ROCHESTER, Ms. PINGREE, Mr. 

HASTINGS, Ms. BONAMICI, and Ms. LEE of California) introduced the following bill; which was referred to the Committee on Energy and Commerce 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Act’’. 

4 SEC. 2. CLIMATE SMART PORTS GRANT PROGRAM. 

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

6 the date of enactment of this section, the Administrator 

7 shall establish a program to award grants to eligible enti8 ties to purchase, and as applicable install, zero emissions 

9 port equipment and technology. 

10 (b) USE OF GRANTS.— 

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

12 grant awarded under this section to purchase, and 

13 as applicable install, zero emissions port equipment 

14 and technology. 

15 (2) PROHIBITED USE.— 

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

17 not use a grant awarded under this section to 

18 purchase or install fully automated cargo han19 dling equipment or terminal infrastructure that 

20 is designed for fully automated cargo handling 

21 equipment. 

22 (B) HUMAN-OPERATED ZERO EMISSIONS

23 PORT EQUIPMENT AND TECHNOLOGY.—Nothing 

24 in subparagraph (A) prohibits an eligible entity 

25 from using a grant awarded under this section 

26 to purchase human-operated zero emissions 


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1 port equipment and technology or infrastruc2 ture that supports such human-operated zero 

3 emissions port equipment and technology. 

4 (3) COST SHARE.— 

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

6 subparagraph (B), an eligible entity may not 

7 use a grant awarded under this section to cover 

8 more than 70 percent of the cost of purchasing, 

9 and as applicable installing, zero emissions port 

10 equipment and technology. 

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

12 grant in an amount equal to or greater than 

13 $3,000,000, an eligible entity may use such 

14 grant to cover not more than 85 percent of the 

15 cost of purchasing and installing zero emissions 

16 port equipment and technology if such eligible 

17 entity certifies to the Administrator that— 

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

19 part, to employ laborers or mechanics to 

20 install zero emissions port equipment and 

21 technology; and 

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

23 project labor agreement or requires that 

24 each subgrantee of such eligible entity, and 

25 any subgrantee thereof at any tier, that 


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1 performs such installation participate in a 

2 project labor agreement. 

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

4 uses a grant awarded under this section to install 

5 zero emissions port equipment and technology shall 

6 ensure, to the greatest extent practicable, that any 

7 subgrantee of such eligible entity, and any sub8 grantee thereof at any tier, that carries out such in9 stallation employs laborers or mechanics for such in10 stallation that— 

11 (A) are domiciled not further than 50 

12 miles from such installation; 

13 (B) are members of the Armed Forces 

14 serving on active duty, separated from active 

15 duty, or retired from active duty; 

16 (C) have been incarcerated or served time 

17 in a juvenile detention facility; or 

18 (D) have a disability. 

19 (c) WAGES.— 

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

21 employed by a subgrantee of an eligible entity, and 

22 any subgrantee thereof at any tier, to perform con23 struction, alteration, installation, or repair work that 

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

25 under this section shall be paid wages at rates not 


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1 less than those prevailing on similar construction, al2 teration, installation, or repair work in the locality 

3 as determined by the Secretary of Labor in accord4 ance with subchapter IV of chapter 31 of title 40, 

5 United States Code. 

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

7 labor standards in this subsection, the Secretary of 

8 Labor shall have the authority and functions set 

9 forth in Reorganization Plan Numbered 14 of 1950 

10 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 

11 title 40, United States Code. 

12 (d) APPLICATION.— 

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

14 a grant under this section, an eligible entity shall 

15 submit to the Administrator an application at such 

16 time, in such manner, and containing such informa17 tion as the Administrator may require. 

18 (2) PRIORITY.—The Administrator shall 

19 prioritize awarding grants under this section to eligi20 ble entities based on the following: 

21 (A) The degree to which the proposed use 

22 of the grant will— 

23 (i) reduce greenhouse gas emissions; 

24 (ii) reduce emissions of any criteria 

25 pollutant and precursor thereof; 


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1 (iii) reduce hazardous air pollutant 

2 emissions; and 

3 (iv) reduce public health disparities in 

4 communities that receive a dispropor5 tionate quantity of air pollution from a 

6 port. 

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

8 funds expected to be used by an applicant to 

9 purchase, and as applicable install, zero emis10 sions port equipment and technology. 

11 (C) Whether the applicant will use such 

12 grant to purchase, and as applicable install, 

13 zero emissions port equipment and technology 

14 that is produced in the United States. 

15 (D) As applicable, whether the applicant 

16 will meet the utilization requirements for reg17 istered apprentices established by the Secretary 

18 of Labor or a State Apprenticeship Agency. 

19 (E) As applicable, whether the applicant 

20 will recruit and retain skilled workers through 

21 a State-approved joint labor management ap22 prenticeship program. 

23 (e) OUTREACH.— 

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

25 funds are made available to carry out this section, 


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1 the Administrator shall develop and carry out an 

2 educational outreach program to promote and ex3 plain the grant program established under sub4 section (a) to prospective grant recipients. 

5 (2) PROGRAM COMPONENTS.—In carrying out 

6 the outreach program developed under paragraph 

7 (1), the Administrator shall— 

8 (A) inform prospective grant recipients 

9 how to apply for a grant awarded under this 

10 section; 

11 (B) describe to prospective grant recipients 

12 the benefits of available zero emissions port 

13 equipment and technology; 

14 (C) explain to prospective grant recipients 

15 the benefits of participating in the grant pro16 gram established under this section; and 

17 (D) facilitate the sharing of best practices 

18 and lessons learned between grant recipients 

19 and prospective grant recipients with respect to 

20 how to apply for and use grants awarded under 

21 this section. 

22 (f) REPORTS.— 

23 (1) REPORT TO ADMINISTRATOR.—Not later 

24 than 90 days after the date on which an eligible en25 tity uses a grant awarded under this section, such 


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1 eligible entity shall submit to the Administrator a re2 port containing such information as the Adminis3 trator shall require. 

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

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

6 Administrator shall submit to Congress and make 

7 available on the website of the Environmental Pro8 tection Agency a report that includes, with respect 

9 to each grant awarded under this section during the 

10 preceding calendar year— 

11 (A) the name and location of the eligible 

12 entity that was awarded such grant; 

13 (B) the amount of such grant that the eli14 gible entity was awarded; 

15 (C) the name and location of the port 

16 where the zero emissions port equipment and 

17 technology that was purchased, and as applica18 ble installed, with such grant is used; 

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

20 emissions port equipment and technology on re21 ducing— 

22 (i) greenhouse gas emissions; 

23 (ii) emissions of criteria pollutants 

24 and precursors thereof; 


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1 (iii) hazardous air pollutant emissions; 

2 and 

3 (iv) public health disparities; and 

4 (E) any other information the Adminis5 trator determines necessary to understand the 

6 impact of grants awarded under this section. 

7 (g) AUTHORIZATION OF APPROPRIATIONS.— 

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

9 appropriated to carry out this section 

10 $1,000,000,000 for each of fiscal years 2021 

11 through 2030. 

12 (2) NONATTAINMENT AREAS.—To the extent 

13 practicable, at least 25 percent of amounts made 

14 available to carry out this section in each fiscal year 

15 shall be used to award grants to eligible entities to 

16 provide zero emissions port equipment and tech17 nology to ports that are in nonattainment areas. 

18 (h) DEFINITIONS.—In this section: 

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

20 has the meaning given such term in section 101 of 

21 title 10, United States Code. 

22 (2) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of the Environ24 mental Protection Agency. 


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1 (3) ALTERNATIVE EMISSIONS CONTROL TECH2 NOLOGY.—The term ‘‘alternative emissions control 

3 technology’’ means a technology, technique, or meas4 ure that— 

5 (A) captures the emissions of nitrogen 

6 oxide, particulate matter, reactive organic com7 pounds, and greenhouse gases from the auxil8 iary engine and auxiliary boiler of an ocean9 going vessel at berth; 

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

11 Federal air quality regulatory agency; 

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

13 equivalent reduction of emissions as the use of 

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

15 (D) the use of which results in reducing 

16 emissions of the auxiliary engine of an ocean17 going vessel at berth to a rate of less than— 

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

19 (ii) 0.03 g/kW-hr for particulate mat20 ter 2.5; and 

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

22 compounds; and 

23 (E) reduces the emissions of the auxiliary 

24 engine and boiler of an ocean-going vessel at 


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1 berth by at least 80 percent of the default emis2 sions rate, which is 13.8 g. 

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

4 pollutant’’ means each of the following: 

5 (A) Ground-level ozone. 

6 (B) Particulate matter. 

7 (C) Carbon monoxide. 

8 (D) Lead. 

9 (E) Sulfur dioxide. 

10 (F) Nitrogen dioxide. 

11 (5) DISTRIBUTED ENERGY RESOURCE.— 

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

13 energy resource’’ means an energy resource 

14 that— 

15 (i) is located on or near a customer 

16 site; 

17 (ii) is operated on the customer side 

18 of the electric meter; and 

19 (iii) is interconnected with the electric 

20 grid. 

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

22 energy resource’’ includes— 

23 (i) clean electric generation; 

24 (ii) customer electric efficiency meas25 ures; 


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1 (iii) electric demand flexibility; and 

2 (iv) energy storage. 

3 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti4 ty’’ means— 

5 (A) a port authority; 

6 (B) a State, regional, local, or Tribal agen7 cy that has jurisdiction over a port authority or 

8 a port; 

9 (C) an air pollution control district or air 

10 quality management district; or 

11 (D) a private or nonprofit entity, applying 

12 for a grant awarded under this section in col13 laboration with another entity described in sub14 paragraphs (A) through (C), that owns or uses 

15 cargo or transportation equipment at a port. 

16 (7) ENERGY STORAGE SYSTEM.—The term ‘‘en17 ergy storage system’’ means a system, equipment, 

18 facility, or technology that— 

19 (A) is capable of absorbing energy, storing 

20 energy for a period of time, and dispatching the 

21 stored energy; and 

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

23 electrochemical, or thermal process to store en24 ergy that— 


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1 (i) was generated at an earlier time 

2 for use at a later time; or 

3 (ii) was generated from a mechanical 

4 process, and would otherwise be wasted, 

5 for delivery at a later time. 

6 (8) FULLY AUTOMATED CARGO HANDLING

7 EQUIPMENT.—The term ‘‘fully automated cargo 

8 handling equipment’’ means cargo handling equip9 ment that— 

10 (A) is remotely operated or remotely mon11 itored; and 

12 (B) with respect to the use of such equip13 ment, does not require the exercise of human 

14 intervention or control. 

15 (9) NONATTAINMENT AREA.—The term ‘‘non16 attainment area’’ has the meaning given such term 

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

18 7501). 

19 (10) PORT.—The term ‘‘port’’ includes a mari20 time port and an inland port. 

21 (11) PORT AUTHORITY.—The term ‘‘port au22 thority’’ means a governmental or quasi-govern23 mental authority formed by a legislative body to op24 erate a port. 


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1 (12) PROJECT LABOR AGREEMENT.—The term 

2 ‘‘project labor agreement’’ means a pre-hire collec3 tive bargaining agreement with one or more labor 

4 organization that establishes the terms and condi5 tions of employment for a specific construction 

6 project and is described in section 8(f) of the Na7 tional Labor Relations Act (29 U.S.C. 158(f)). 

8 (13) REGISTERED APPRENTICE.—The term 

9 ‘‘registered apprentice’’ means a person who is par10 ticipating in a registered apprenticeship program. 

11 (14) REGISTERED APPRENTICESHIP PRO12 GRAM.—The term ‘‘registered apprenticeship pro13 gram’’ means a program registered pursuant to the 

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

15 ‘‘National Apprenticeship Act’’; 50 Stat. 664, chap16 ter 663; 29 U.S.C. 50 et seq.). 

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

18 means the provision of shoreside electrical power to 

19 a ship at berth that has shut down main and auxil20 iary engines. 

21 (16) STATE APPRENTICESHIP AGENCY.—The 

22 term ‘‘State Apprenticeship Agency’’ has the mean23 ing given such term in section 29.2 of title 29, Code 

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

25 2020). 


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1 (17) ZERO EMISSIONS PORT EQUIPMENT AND

2 TECHNOLOGY.— 

3 (A) IN GENERAL.—The term ‘‘zero emis4 sions port equipment and technology’’ means 

5 equipment and technology, including the equip6 ment and technology described in subparagraph 

7 (B), that— 

8 (i) is used at a port; and 

9 (ii)(I) produces zero exhaust emissions 

10 of— 

11 (aa) any criteria pollutant and 

12 precursor thereof; and 

13 (bb) any greenhouse gas, other 

14 than water vapor; or 

15 (II) captures 100 percent of the ex16 haust emissions produced by an ocean17 going vessel at berth. 

18 (B) EQUIPMENT AND TECHNOLOGY DE19 SCRIBED.—The equipment and technology de20 scribed in this subparagraph is the following: 

21 (i) Any equipment that handles cargo. 

22 (ii) A drayage truck that transports 

23 cargo. 

24 (iii) A train that transports cargo. 

25 (iv) Port harbor craft. 


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1 (v) A distributed energy resource. 

2 (vi) An energy storage system. 

3 (vii) Electrical charging infrastruc4 ture. 

5 (viii) Shore power or an alternative 

6 emissions control technology. 

7 (ix) An electric transport refrigeration 

8 unit. 

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

10 APPROPRIATIONS FOR PORT AUTHORITIES. 

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

12 U.S.C. 16137) is amended by adding at the end the fol13 lowing: 

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

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

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

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

18 reduce emissions at ports.’’. 

Æ 


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