I 

116TH CONGRESS 

2D SESSION H. R. 7304 

To authorize the Administrator of the Environmental Protection Agency to 

award grants to eligible entities to reduce greenhouse gas emissions 

at ports, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2020 

Ms. BLUNT ROCHESTER introduced the following bill; which was referred to 

the Committee on Energy and Commerce 

A BILL 

To authorize the Administrator of the Environmental Protection Agency to award grants to eligible entities to reduce 

greenhouse gas emissions at ports, 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 Action Plan5 ning for Ports Act of 2020’’. 


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1 SEC. 2. GRANTS TO REDUCE GREENHOUSE GAS EMISSIONS 

2 AT PORTS. 

3 (a) GRANTS.—The Administrator of the Environ4 mental Protection Agency may award grants to eligible en5 tities— 

6 (1) to implement plans to reduce greenhouse 

7 gas emissions at one or more ports or port facilities 

8 within the jurisdictions of the respective eligible enti9 ties; and 

10 (2) to develop climate action plans described in 

11 subsection (b)(2). 

12 (b) APPLICATION.— 

13 (1) IN GENERAL.—To seek a grant under this 

14 section, an eligible entity shall submit an application 

15 to the Administrator of the Environmental Protec16 tion Agency at such time, in such manner, and con17 taining such information and assurances as the Ad18 ministrator may require. 

19 (2) CLIMATE ACTION PLAN.—At a minimum, 

20 each such application shall contain— 

21 (A) a detailed and strategic plan, to be 

22 known as a climate action plan, that outlines 

23 how the eligible entity will develop and imple24 ment climate change mitigation or adaptation 

25 measures through the grant; or 


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1 (B) a request pursuant to subsection 

2 (a)(2) for funding for the development of a cli3 mate action plan. 

4 (3) REQUIRED COMPONENTS.—A climate action 

5 plan under paragraph (2) shall demonstrate that the 

6 measures proposed to be implemented through the 

7 grant— 

8 (A) will reduce greenhouse gas emissions 

9 at the port or port facilities involved pursuant 

10 to greenhouse gas emission reduction goals set 

11 forth in the climate action plan; 

12 (B) will reduce other air pollutants at the 

13 port or port facilities involved pursuant to cri14 teria pollutant emission reduction goals set 

15 forth in the climate action plan; 

16 (C) will implement emissions accounting 

17 and inventory practices to determine baseline 

18 emissions and measure progress; and 

19 (D) will ensure labor protections for work20 ers employed directly at the port or port facili21 ties involved, including by— 

22 (i) demonstrating that implementation 

23 of the measures proposed to be imple24 mented through the grant will not result in 


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1 a net loss of jobs at the port or port facili2 ties involved; 

3 (ii) ensuring that laborers and me4 chanics employed by contractors and sub5 contractors on construction projects to im6 plement the plan will be paid wages not 

7 less than those prevailing on similar con8 struction in the locality, as determined by 

9 the Secretary of Labor under sections 

10 3141 through 3144, 3146, and 3147 of 

11 title 40, United States Code; and 

12 (iii) requiring any projects initiated to 

13 carry out the plan with total capital costs 

14 of $1,000,000 or greater to utilize a 

15 project labor agreement and not impact 

16 any preexisting project labor agreement. 

17 (4) OTHER COMPONENTS.—In addition to the 

18 components required by paragraph (3), a climate ac19 tion plan under paragraph (2) shall demonstrate 

20 that the measures proposed to be implemented 

21 through the grant will do at least two of the fol22 lowing: 

23 (A) Improve energy efficiency at a port or 

24 port facility, including by using— 


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1 (i) energy-efficient vehicles, such as 

2 hybrid, low-emission, or zero-emission vehi3 cles; 

4 (ii) energy efficient cargo-handling, 

5 harbor vessels, or storage facilities such as 

6 energy-efficient refrigeration equipment; 

7 (iii) energy-efficient lighting; 

8 (iv) shore power; or 

9 (v) other energy efficiency improve10 ments. 

11 (B) Deploy technology or processes that 

12 reduce idling of vehicles at a port or port facil13 ity. 

14 (C) Reduce the direct emissions of green15 house gases and other air pollutants with a goal 

16 of achieving zero emissions, including by replac17 ing and retrofitting equipment (including vehi18 cles onsite, cargo-handling equipment, or harbor 

19 vessels) at a port or port facility. 

20 (5) PROHIBITED USE.—An eligible entity may 

21 not use a grant provided under this section— 

22 (A) to purchase fully automated cargo han23 dling equipment; 


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1 (B) to build, or plan to build, terminal in2 frastructure that is designed for fully auto3 mated cargo handling equipment; 

4 (C) to purchase, test, or develop highly 

5 automated trucks, chassis, or any related equip6 ment that can be used to transport container7 ized freight; or 

8 (D) to extend to any independent con9 tractor, independent owner, operator, or other 

10 entity that is not using employees for the sake 

11 of performing work on terminal grounds. 

12 (6) COORDINATION WITH STAKEHOLDERS.—In 

13 developing a climate action plan under paragraph 

14 (2), an eligible entity shall— 

15 (A) identify and collaborate with stake16 holders who may be affected by the plan, in17 cluding local environmental justice communities 

18 and other near-port communities; 

19 (B) address the potential cumulative ef20 fects of the plan on stakeholders when those ef21 fects may have a community-level impact; and 

22 (C) ensure effective advance communica23 tion with stakeholders to avoid and minimize 

24 conflicts. 


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1 (c) PRIORITY.—In awarding grants under this sec2 tion, the Administrator of the Environmental Protection 

3 Agency shall give priority to applicants proposing— 

4 (1) to strive for zero emissions as a key strat5 egy within the grantee’s climate action plan under 

6 paragraph (2); 

7 (2) to take a regional approach to reducing 

8 greenhouse gas emissions at ports; 

9 (3) to collaborate with near-port communities to 

10 identify and implement mutual solutions to reduce 

11 air pollutants at ports or port facilities affecting 

12 such communities, with emphasis given to implemen13 tation of such solutions in near-port communities 

14 that are environmental justice communities; 

15 (4) to implement activities with off-site benefits, 

16 such as by reducing air pollutants from vehicles, 

17 equipment, and vessels at sites other than the port 

18 or port facilities involved; and 

19 (5) to reduce localized health risk pursuant to 

20 health risk reduction goals that are set within the 

21 grantee’s climate action plan under paragraph (2). 

22 (d) MODEL METHODOLOGIES.—The Administrator 

23 of the Environmental Protection Agency shall— 

24 (1) develop model methodologies which grantees 

25 under this section may choose to use for emissions 


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1 accounting and inventory practices referred to in 

2 subsection (b)(3)(C); and 

3 (2) ensure that such methodologies are designed 

4 to measure progress in reducing air pollution at 

5 near-port communities. 

6 (e) DEFINITIONS.—In this section: 

7 (1) The term ‘‘Administrator’’ means the Ad8 ministrator of the Environmental Protection Agency. 

9 (2) The term ‘‘cargo-handling equipment’’ in10 cludes— 

11 (A) ship-to-shore container cranes and 

12 other cranes; 

13 (B) container-handling equipment; and 

14 (C) equipment for moving or handling 

15 cargo, including trucks, reachstackers, topload16 ers, and forklifts. 

17 (3) The term ‘‘eligible entity’’ means— 

18 (A) a port authority; 

19 (B) a State, regional, local, or Tribal agen20 cy that has jurisdiction over a port authority or 

21 a port; 

22 (C) an air pollution control district; or 

23 (D) a private entity (including any non24 profit organization) that— 


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1 (i) applies for a grant under this sec2 tion in collaboration with an entity de3 scribed in subparagraph (A), (B), or (C); 

4 and 

5 (ii) owns, operates, or uses a port fa6 cility, cargo equipment, transportation 

7 equipment, related technology, or a ware8 house facility at a port or port facility. 

9 (4) The term ‘‘environmental justice commu10 nity’’ means a community with significant represen11 tation of communities of color, low-income commu12 nities, or Tribal and indigenous communities, that 

13 experiences, or is at risk of experiencing, higher or 

14 more adverse human health or environmental effects. 

15 (5) The term ‘‘harbor vessel’’ includes a ship, 

16 boat, lighter, or maritime vessel designed for service 

17 at and around harbors and ports. 

18 (6) The term ‘‘inland port’’ means a logistics or 

19 distribution hub that is located inland from navi20 gable waters, where cargo, such as break-bulk cargo 

21 or cargo in shipping containers, is processed, stored, 

22 and transferred between trucks, rail cars, or air23 craft. 

24 (7) The term ‘‘port’’ includes an inland port. 

25 (8) The term ‘‘stakeholder’’— 


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1 (9) The term ‘‘stakeholder’’ means residents, 

2 community groups, businesses, business owners, 

3 labor unions, commission members, or groups from 

4 which a near-port community draws its resources 

5 that— 

6 (A) have interest in the climate action plan 

7 of a grantee under this section; or 

8 (B) can affect or be affected by the objec9 tives and policies of such a climate action plan. 

10 (f) AUTHORIZATION OF APPROPRIATIONS.— 

11 (1) IN GENERAL.—To carry out this Act, there 

12 is authorized to be appropriated $250,000,000 for 

13 each of fiscal years 2021 through 2025. 

14 (2) DEVELOPMENT OF CLIMATE ACTION

15 PLANS.—In addition to the authorization of appro16 priations in paragraph (1), there is authorized to be 

17 appropriated for grants pursuant to subsection 

18 (a)(2) to develop climate action plans $50,000,000 

19 for fiscal year 2021, to remain available until ex20 pended. 

Æ 


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