II 

117TH CONGRESS 

1ST SESSION S. 216 

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

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

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 3, 2021 

Mr. MERKLEY (for himself, Ms. WARREN, Mrs. GILLIBRAND, Mr. WYDEN, 

Mrs. FEINSTEIN, and Mr. HEINRICH) 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 grant program to award grants 

to eligible entities to purchase and install, as applicable, 

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 of 2021’’. 


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1 SEC. 2. CLIMATE SMART PORTS GRANT PROGRAM. 

2 (a) DEFINITIONS.—In this section: 

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

4 the meaning given the term in section 101(d) of title 

5 10, United States Code. 

6 (2) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the Environ8 mental Protection Agency. 

9 (3) ALTERNATIVE EMISSIONS CONTROL TECH10 NOLOGY.—The term ‘‘alternative emissions control 

11 technology’’ means a technology, technique, or meas12 ure that— 

13 (A) captures the emissions of nitrogen 

14 oxide, particulate matter, reactive organic com15 pounds, and greenhouse gases from the auxil16 iary engine and auxiliary boiler of an ocean17 going vessel at berth; 

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

19 Federal air quality regulatory agency; 

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

21 equivalent reduction of emissions as the use of 

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

23 (D) the use of which results in reducing 

24 emissions of the auxiliary engine of an ocean25 going vessel at berth to a rate of less than— 


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1 (i) 2.8 grams per kilowatt-hour for ni2 trogen oxide; 

3 (ii) 0.03 grams per kilowatt-hour for 

4 fine particulate matter (PM2.5); and 

5 (iii) 0.1 grams per kilowatt-hour for 

6 reactive organic compounds; and 

7 (E) reduces the emissions of the auxiliary 

8 engine and boiler of an ocean-going vessel at 

9 berth by at least 80 percent of the default emis10 sions rate, which is, as of the date of enactment 

11 of this Act, 13.8 grams per kilowatt-hour. 

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

13 pollutant’’ means— 

14 (A) ground-level ozone; 

15 (B) particulate matter; 

16 (C) carbon monoxide; 

17 (D) lead; 

18 (E) sulfur dioxide; and 

19 (F) nitrogen dioxide. 

20 (5) DISTRIBUTED ENERGY RESOURCE.— 

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

22 energy resource’’ means an energy resource 

23 that— 

24 (i) is located on or near a customer 

25 site; 


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1 (ii) is operated on the customer side 

2 of the electric meter; and 

3 (iii) is interconnected with the electric 

4 grid. 

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

6 energy resource’’ includes— 

7 (i) clean electric generation; 

8 (ii) customer electric efficiency meas9 ures; 

10 (iii) electric demand flexibility; and 

11 (iv) energy storage. 

12 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti13 ty’’ means— 

14 (A) a port authority; 

15 (B) a State, regional, local, or Tribal agen16 cy that has jurisdiction over a port authority or 

17 a port; 

18 (C) an air pollution control district or air 

19 quality management district; and 

20 (D) a private or nonprofit entity, applying 

21 for a grant awarded under this section in col22 laboration with another entity described in sub23 paragraphs (A) through (C), that owns or uses 

24 cargo or transportation equipment at a port. 


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1 (7) ENERGY STORAGE SYSTEM.—The term ‘‘en2 ergy storage system’’ means a system, piece of 

3 equipment, facility, or technology that— 

4 (A) is capable of absorbing energy, storing 

5 energy for a period of time, and dispatching 

6 that stored energy; and 

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

8 electrochemical, or thermal process to store en9 ergy that— 

10 (i) was generated at an earlier time 

11 for use at a later time; or 

12 (ii) was generated from a mechanical 

13 process, and would otherwise be wasted, 

14 for delivery at a later time. 

15 (8) FULLY AUTOMATED CARGO HANDLING

16 EQUIPMENT.—The term ‘‘fully automated cargo 

17 handling equipment’’ means cargo handling equip18 ment that— 

19 (A) is remotely operated or remotely mon20 itored; and 

21 (B) with respect to the use of that equip22 ment, does not require the exercise of human 

23 intervention or control. 

24 (9) MAJOR URBAN AREA.—The term ‘‘major 

25 urban area’’ means a metropolitan statistical area 


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1 within the United States with an estimated popu2 lation of 1,500,000 or more. 

3 (10) NONATTAINMENT AREA.—The term ‘‘non4 attainment area’’ has the meaning given the term in 

5 section 171 of the Clean Air Act (42 U.S.C. 7501). 

6 (11) PORT.—The term ‘‘port’’ includes a mari7 time port and an inland port. 

8 (12) PORT AUTHORITY.—The term ‘‘port au9 thority’’ means a governmental or quasi-govern10 mental authority formed by a legislative body to op11 erate a port. 

12 (13) PROJECT LABOR AGREEMENT.—The term 

13 ‘‘project labor agreement’’ means a pre-hire collec14 tive bargaining agreement with 1 or more labor or15 ganization that— 

16 (A) establishes the terms and conditions of 

17 employment for a specific construction project; 

18 and 

19 (B) is described in section 8(f) of the Na20 tional Labor Relations Act (29 U.S.C. 158(f)). 

21 (14) REGISTERED APPRENTICE.—The term 

22 ‘‘registered apprentice’’ means a person who is par23 ticipating in a registered apprenticeship program. 

24 (15) REGISTERED APPRENTICESHIP PRO25 GRAM.—The term ‘‘registered apprenticeship proVerDate Sep 11 2014 00:17 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S216.IS S216

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1 gram’’ means a program registered under the Act of 

2 August 16, 1937 (commonly known as the ‘‘National 

3 Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29 

4 U.S.C. 50 et seq.). 

5 (16) SHORE POWER.—The term ‘‘shore power’’ 

6 means the provision of shoreside electrical power to 

7 a ship at berth that has shut down main and auxil8 iary engines. 

9 (17) STATE APPRENTICESHIP AGENCY.—The 

10 term ‘‘State Apprenticeship Agency’’ has the mean11 ing given the term in section 29.2 of title 29, Code 

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

13 2020). 

14 (18) ZERO EMISSIONS PORT EQUIPMENT AND

15 TECHNOLOGY.— 

16 (A) IN GENERAL.—The term ‘‘zero emis17 sions port equipment and technology’’ means 

18 equipment and technology that— 

19 (i) is used at a port; and 

20 (ii)(I) produces zero exhaust emissions 

21 of— 

22 (aa) any criteria pollutant and 

23 precursor of a criteria pollutant; and 

24 (bb) any greenhouse gas, other 

25 than water vapor; or 


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1 (II) captures 100 percent of the ex2 haust emissions produced by an ocean3 going vessel at berth. 

4 (B) INCLUSIONS.—The term ‘‘zero emis5 sions port equipment and technology’’ in6 cludes— 

7 (i) any equipment that handles cargo; 

8 (ii) a drayage truck that transports 

9 cargo; 

10 (iii) a train that transports cargo; 

11 (iv) port harbor craft; 

12 (v) a distributed energy resource; 

13 (vi) an energy storage system; 

14 (vii) electrical charging infrastructure; 

15 (viii) shore power or an alternative 

16 emissions control technology; and 

17 (ix) an electric transport refrigeration 

18 unit. 

19 (b) ESTABLISHMENT.—Subject to the availability of 

20 appropriations, not later than 180 days after the date of 

21 enactment of this section, the Administrator shall estab22 lish a grant program to award grants to eligible entities 

23 to purchase and install, as applicable, zero emissions port 

24 equipment and technology. 

25 (c) APPLICATION.— 


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1 (1) IN GENERAL.—To be eligible to receive a 

2 grant under this section, an eligible entity shall sub3 mit to the Administrator an application at such 

4 time, in such manner, and containing such informa5 tion as the Administrator may require. 

6 (2) PRIORITY.—The Administrator shall 

7 prioritize awarding grants under this section to eligi8 ble entities based on— 

9 (A) the degree to which the proposed use 

10 of the grant will— 

11 (i) reduce greenhouse gas emissions; 

12 (ii) reduce emissions of any criteria 

13 pollutant and precursor of a criteria pollut14 ant; 

15 (iii) reduce hazardous air pollutant 

16 emissions; and 

17 (iv) reduce public health disparities in 

18 communities that receive a dispropor19 tionate quantity of air pollution from a 

20 port; 

21 (B) the amount of matching, non-Federal 

22 funds expected to be used by an applicant to 

23 purchase and install, as applicable, zero emis24 sions port equipment and technology; 


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1 (C) whether the applicant will use the 

2 grant to purchase and install, as applicable, 

3 zero emissions port equipment and technology 

4 that is produced in the United States; 

5 (D) whether the applicant will meet the 

6 utilization requirements for registered appren7 tices established by the Secretary of Labor or 

8 a State Apprenticeship Agency, as applicable; 

9 and 

10 (E) whether the applicant will recruit and 

11 retain skilled workers through a State-approved 

12 joint labor-management apprenticeship pro13 gram, as applicable. 

14 (d) USE OF FUNDS.— 

15 (1) IN GENERAL.—A grant awarded under this 

16 section shall be used to purchase and install, as ap17 plicable, zero emissions port equipment and tech18 nology. 

19 (2) PROHIBITED USE.— 

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

21 not use a grant awarded under this section to 

22 purchase or install fully automated cargo han23 dling equipment or terminal infrastructure that 

24 is designed for fully automated cargo handling 

25 equipment. 


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1 (B) HUMAN-OPERATED ZERO EMISSIONS

2 PORT EQUIPMENT AND TECHNOLOGY.—Nothing 

3 in subparagraph (A) prohibits an eligible entity 

4 from using a grant awarded under this section 

5 to purchase human-operated zero emissions 

6 port equipment and technology or infrastruc7 ture that supports the human-operated zero 

8 emissions port equipment and technology. 

9 (3) COST-SHARING.— 

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

11 subparagraph (B), an eligible entity may not 

12 use a grant awarded under this section to cover 

13 more than 70 percent of the cost of purchasing 

14 and installing, as applicable, zero emissions port 

15 equipment and technology. 

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

17 grant of $3,000,000 or more, an eligible entity 

18 may use the grant to cover not more than 85 

19 percent of the cost of purchasing and installing 

20 zero emissions port equipment and technology if 

21 that eligible entity certifies to the Administrator 

22 that— 

23 (i) the grant will be used, at least in 

24 part, to employ laborers or mechanics to 


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1 install zero emissions port equipment and 

2 technology; and 

3 (ii) the eligible entity is a party to a 

4 project labor agreement or requires that 

5 each subgrantee of the eligible entity, and 

6 any subgrantee of that subgrantee at any 

7 tier, that performs the installation partici8 pate in a project labor agreement. 

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

10 uses a grant awarded under this section to install 

11 zero emissions port equipment and technology shall 

12 ensure, to the greatest extent practicable, that any 

13 subgrantee of the eligible entity, and any subgrantee 

14 of that subgrantee, at any tier, that carries out the 

15 installation employs at least 40 percent of the labor16 ers or mechanics for the installation from among in17 dividuals who— 

18 (A) are domiciled— 

19 (i) if the applicable installation area is 

20 a major urban area, not further than 15 

21 miles from the installation area; and 

22 (ii) if the applicable installation area 

23 is not a major urban area, not further 

24 than 50 miles from the installation area; 


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1 (B) are displaced and unemployed energy 

2 workers; 

3 (C) are members of the Armed Forces 

4 serving on active duty, separated from active 

5 duty, or retired from active duty; 

6 (D) have been incarcerated or served time 

7 in a juvenile or adult detention or correctional 

8 facility, or been placed on probation, community 

9 supervision, or in a diversion scheme; 

10 (E) have a disability; 

11 (F) are homeless; 

12 (G) are receiving public assistance; 

13 (H) lack a general education diploma or 

14 high school diploma; 

15 (I) are emancipated from the foster care 

16 system; or 

17 (J) are registered apprentices with fewer 

18 than 15 percent of the required graduating ap19 prentice hours in a program. 

20 (e) WAGES.— 

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

22 employed by a subgrantee of an eligible entity, and 

23 any subgrantee of a subgrantee at any tier, to per24 form construction, alteration, installation, or repair 

25 work that is assisted, in whole or in part, by a grant 


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1 awarded under this section, shall be paid wages at 

2 rates not less than those prevailing on similar con3 struction, alteration, installation, or repair work in 

4 the locality as determined by the Secretary of Labor 

5 in accordance with subchapter IV of chapter 31 of 

6 title 40, United States Code. 

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

8 labor standards in this subsection, the Secretary of 

9 Labor shall have the authority and functions set 

10 forth in Reorganization Plan Numbered 14 of 1950 

11 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 

12 title 40, United States Code. 

13 (f) OUTREACH.— 

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

15 funds are made available to carry out this section, 

16 the Administrator shall develop and carry out an 

17 educational outreach program to promote and ex18 plain the grant program established under sub19 section (b) to prospective grant recipients. 

20 (2) PROGRAM COMPONENTS.—In carrying out 

21 the outreach program developed under paragraph 

22 (1), the Administrator shall— 

23 (A) inform prospective grant recipients 

24 how to apply for a grant awarded under this 

25 section; 


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1 (B) describe to prospective grant recipients 

2 the benefits of available zero emissions port 

3 equipment and technology; 

4 (C) explain to prospective grant recipients 

5 the benefits of participating in the grant pro6 gram established under this section; and 

7 (D) facilitate the sharing of best practices 

8 and lessons learned between grant recipients 

9 and prospective grant recipients with respect to 

10 how to apply for and use grants awarded under 

11 this section. 

12 (g) REPORTS.— 

13 (1) REPORT TO ADMINISTRATOR.—Not later 

14 than 90 days after the date on which an eligible en15 tity is awarded a grant under this section, that eligi16 ble entity shall submit to the Administrator a report 

17 containing such information as the Administrator 

18 shall require. 

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

20 than January 31, 2022, and annually thereafter for 

21 each calendar year subsequent to a calendar year 

22 during which a grant was awarded under this sec23 tion, the Administrator shall submit to Congress, 

24 and make available on the website of the Environ25 mental Protection Agency, a report that includes, 


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1 with respect to each grant awarded under this sec2 tion during the preceding calendar year— 

3 (A) the name and location of the eligible 

4 entity that was awarded a grant; 

5 (B) the amount of the grant that the eligi6 ble entity was awarded; 

7 (C) the name and location of the port 

8 where the zero emissions port equipment and 

9 technology that was purchased and installed, as 

10 applicable, with the grant was used; 

11 (D) an estimate of the impact of the zero 

12 emissions port equipment and technology on re13 ducing— 

14 (i) greenhouse gas emissions; 

15 (ii) emissions of criteria pollutants 

16 and precursors of criteria pollutants; 

17 (iii) hazardous air pollutant emissions; 

18 and 

19 (iv) public health disparities; and 

20 (E) any other information the Adminis21 trator determines is necessary to understand 

22 the impact of grants awarded under this sec23 tion. 

24 (h) AUTHORIZATION OF APPROPRIATIONS.— 


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

2 appropriated to the Administrator to carry out this 

3 section $1,000,000,000 for each of fiscal years 2022 

4 through 2031. 

5 (2) NONATTAINMENT AREAS.—To the max6 imum extent practicable, 25 percent of amounts 

7 made available to carry out this section in each fis8 cal year shall be used to award grants to eligible en9 tities to provide zero emissions port equipment and 

10 technology to ports that are in nonattainment areas. 

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

12 APPROPRIATIONS FOR PORT AUTHORITIES. 

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

14 U.S.C. 16137) is amended by adding at the end the fol15 lowing: 

16 ‘‘(c) PORT AUTHORITIES.—In addition to amounts 

17 made available under subsection (a), there is authorized 

18 to be appropriated $50,000,000 for each of fiscal years 

19 2022 through 2026 to award grants, rebates, or loans 

20 under section 792 to eligible entities to carry out projects 

21 that reduce emissions at ports.’’. 

Æ 


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