I 
117TH CONGRESS 
1ST SESSION 
H. R. 862 
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 
FEBRUARY 5, 2021 
Ms. BLUNT ROCHESTER (for herself, Ms. NORTON, Mr. MCNERNEY, Ms. LEE 
of California, Ms. JAYAPAL, and Ms. MATSUI) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To authorize the Administrator of the Environmental Protec-
tion Agency to award grants to eligible entities to reduce 
greenhouse gas emissions at ports, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Climate Action Plan-
ning for Ports Act of 2021’’. 
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SEC. 2. GRANTS TO REDUCE GREENHOUSE GAS EMISSIONS 
AT PORTS. 
(a) GRANTS.—The Administrator of the Environ-
mental Protection Agency may award grants to eligible en-
tities— 
(1) to implement plans to reduce greenhouse 
gas emissions at one or more ports or port facilities 
within the jurisdictions of the respective eligible enti-
ties; and 
(2) to develop climate action plans described in 
subsection (b)(2). 
(b) APPLICATION.— 
(1) IN GENERAL.—To seek a grant under this 
section, an eligible entity shall submit an application 
to the Administrator of the Environmental Protec-
tion Agency at such time, in such manner, and con-
taining such information and assurances as the Ad-
ministrator may require. 
(2) CLIMATE ACTION PLAN.—At a minimum, 
each such application shall contain— 
(A) a detailed and strategic plan, to be 
known as a climate action plan, that outlines 
how the eligible entity will develop and imple-
ment climate change mitigation or adaptation 
measures through the grant; or 
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(B) a request pursuant to subsection 
(a)(2) for funding for the development of a cli-
mate action plan. 
(3) REQUIRED COMPONENTS.—A climate action 
plan under paragraph (2) shall demonstrate that the 
measures proposed to be implemented through the 
grant— 
(A) will reduce greenhouse gas emissions 
at the port or port facilities involved pursuant 
to greenhouse gas emission reduction goals set 
forth in the climate action plan; 
(B) will reduce other air pollutants at the 
port or port facilities involved pursuant to cri-
teria pollutant emission reduction goals set 
forth in the climate action plan; 
(C) will implement emissions accounting 
and inventory practices to determine baseline 
emissions and measure progress; and 
(D) will ensure labor protections for work-
ers employed directly at the port or port facili-
ties involved, including by— 
(i) demonstrating that implementation 
of the measures proposed to be imple-
mented through the grant will not result in 
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a net loss of jobs at the port or port facili-
ties involved; 
(ii) ensuring that laborers and me-
chanics employed by contractors and sub-
contractors on construction projects to im-
plement the plan will be paid wages not 
less than those prevailing on similar con-
struction in the locality, as determined by 
the Secretary of Labor under sections 
3141 through 3144, 3146, and 3147 of 
title 40, United States Code; and 
(iii) requiring any projects initiated to 
carry out the plan with total capital costs 
of $1,000,000 or greater to utilize a 
project labor agreement and not impact 
any preexisting project labor agreement. 
(4) OTHER COMPONENTS.—In addition to the 
components required by paragraph (3), a climate ac-
tion plan under paragraph (2) shall demonstrate 
that the measures proposed to be implemented 
through the grant will do at least two of the fol-
lowing: 
(A) Improve energy efficiency at a port or 
port facility, including by using— 
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(i) energy-efficient vehicles, such as 
hybrid, low-emission, or zero-emission vehi-
cles; 
(ii) energy efficient cargo-handling, 
harbor vessels, or storage facilities such as 
energy-efficient refrigeration equipment; 
(iii) energy-efficient lighting; 
(iv) shore power; or 
(v) other energy efficiency improve-
ments. 
(B) Deploy technology or processes that 
reduce idling of vehicles at a port or port facil-
ity. 
(C) Reduce the direct emissions of green-
house gases and other air pollutants with a goal 
of achieving zero emissions, including by replac-
ing and retrofitting equipment (including vehi-
cles onsite, cargo-handling equipment, or harbor 
vessels) at a port or port facility. 
(5) PROHIBITED USE.—An eligible entity may 
not use a grant provided under this section— 
(A) to purchase fully automated cargo han-
dling equipment; 
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(B) to build, or plan to build, terminal in-
frastructure that is designed for fully auto-
mated cargo handling equipment; 
(C) to purchase, test, or develop highly 
automated trucks, chassis, or any related equip-
ment that can be used to transport container-
ized freight; or 
(D) to extend to any independent con-
tractor, independent owner, operator, or other 
entity that is not using employees for the sake 
of performing work on terminal grounds. 
(6) COORDINATION WITH STAKEHOLDERS.—In 
developing a climate action plan under paragraph 
(2), an eligible entity shall— 
(A) identify and collaborate with stake-
holders who may be affected by the plan, in-
cluding local environmental justice communities 
and other near-port communities; 
(B) address the potential cumulative ef-
fects of the plan on stakeholders when those ef-
fects may have a community-level impact; and 
(C) ensure effective advance communica-
tion with stakeholders to avoid and minimize 
conflicts. 
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(c) PRIORITY.—In awarding grants under this sec-
tion, the Administrator of the Environmental Protection 
Agency shall give priority to applicants proposing— 
(1) to strive for zero emissions as a key strat-
egy within the grantee’s climate action plan under 
paragraph (2); 
(2) to take a regional approach to reducing 
greenhouse gas emissions at ports; 
(3) to collaborate with near-port communities to 
identify and implement mutual solutions to reduce 
air pollutants at ports or port facilities affecting 
such communities, with emphasis given to implemen-
tation of such solutions in near-port communities 
that are environmental justice communities; 
(4) to implement activities with off-site benefits, 
such as by reducing air pollutants from vehicles, 
equipment, and vessels at sites other than the port 
or port facilities involved; and 
(5) to reduce localized health risk pursuant to 
health risk reduction goals that are set within the 
grantee’s climate action plan under paragraph (2). 
(d) MODEL METHODOLOGIES.—The Administrator 
of the Environmental Protection Agency shall— 
(1) develop model methodologies which grantees 
under this section may choose to use for emissions 
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accounting and inventory practices referred to in 
subsection (b)(3)(C); and 
(2) ensure that such methodologies are designed 
to measure progress in reducing air pollution at 
near-port communities. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency. 
(2) The term ‘‘cargo-handling equipment’’ in-
cludes— 
(A) ship-to-shore container cranes and 
other cranes; 
(B) container-handling equipment; and 
(C) equipment for moving or handling 
cargo, including trucks, reachstackers, topload-
ers, and forklifts. 
(3) The term ‘‘eligible entity’’ means— 
(A) a port authority; 
(B) a State, regional, local, or Tribal agen-
cy that has jurisdiction over a port authority or 
a port; 
(C) an air pollution control district; or 
(D) a private entity (including any non-
profit organization) that— 
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(i) applies for a grant under this sec-
tion in collaboration with an entity de-
scribed in subparagraph (A), (B), or (C); 
and 
(ii) owns, operates, or uses a port fa-
cility, cargo equipment, transportation 
equipment, related technology, or a ware-
house facility at a port or port facility. 
(4) The term ‘‘environmental justice commu-
nity’’ means a community with significant represen-
tation of communities of color, low-income commu-
nities, or Tribal and indigenous communities, that 
experiences, or is at risk of experiencing, higher or 
more adverse human health or environmental effects. 
(5) The term ‘‘harbor vessel’’ includes a ship, 
boat, lighter, or maritime vessel designed for service 
at and around harbors and ports. 
(6) The term ‘‘inland port’’ means a logistics or 
distribution hub that is located inland from navi-
gable waters, where cargo, such as break-bulk cargo 
or cargo in shipping containers, is processed, stored, 
and transferred between trucks, rail cars, or air-
craft. 
(7) The term ‘‘port’’ includes an inland port. 
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(8) The term ‘‘stakeholder’’ means residents, 
community groups, businesses, business owners, 
labor unions, commission members, or groups from 
which a near-port community draws its resources 
that— 
(A) have interest in the climate action plan 
of a grantee under this section; or 
(B) can affect or be affected by the objec-
tives and policies of such a climate action plan. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—To carry out this Act, there 
is authorized to be appropriated $250,000,000 for 
each of fiscal years 2022 through 2026. 
(2) 
DEVELOPMENT
OF
CLIMATE
ACTION 
PLANS.—In addition to the authorization of appro-
priations in paragraph (1), there is authorized to be 
appropriated for grants pursuant to subsection 
(a)(2) to develop climate action plans $50,000,000 
for fiscal year 2022, to remain available until ex-
pended. 
Æ 
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