II 118th CONGRESS 2d Session S. 5625 IN THE SENATE OF THE UNITED STATES December 19 (legislative day, December 16), 2024 Mr. Padilla (for himself and Mr. Warnock ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Energy Policy Act of 2005 to reauthorize the Clean School Bus program, and for other purposes.

1. Short title This Act may be cited as the Clean Commute for Kids Act of 2024 . 2. Clean school bus program reauthorization (a) In general Section 741 of the Energy Policy Act of 2005 ( 42 U.S.C. 16091 ) is amended to read as follows: 741. Clean School Bus program (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Charging infrastructure The term charging infrastructure , with respect to zero-emission school buses, includes bidirectional charging equipment that can receive energy from electric vehicle supply equipment and provide energy to an external load when the bidirectional charging equipment is paired with similarly capable electric vehicle supply equipment. (3) Community of color The term community of color means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average population of that category for the State in which the community is located: (A) Black. (B) African American. (C) Asian. (D) Pacific Islander. (E) Other non-White race. (F) Hispanic. (G) Latino. (H) Linguistically isolated. (I) Middle Eastern and North African. (4) Eligible contractor The term eligible contractor means a contractor that is a for-profit, not-for-profit, or nonprofit entity that has the capacity— (A) to sell, lease, license, or contract for service zero-emission school buses, charging infrastructure, or other equipment needed to charge or maintain zero-emission school buses, to individuals or entities that own, lease, license, or contract for service a school bus or a fleet of school buses; or (B) to arrange financing for such a sale, lease, license, or contract for service. (5) Eligible manufacturer The term eligible manufacturer means a manufacturer of zero-emission school buses included on the list under subsection (b)(3)(A). (6) Eligible recipient (A) In general Subject to subparagraph (B), the term eligible recipient means— (i) 1 or more local, State, or Federal governmental entities, including the General Services Administration, responsible for— (I) providing school bus service to 1 or more public school systems; or (II) the purchase, lease, license, or contract for service of school buses; (ii) an eligible contractor; (iii) a nonprofit school transportation association; (iv) a charter school (as defined in section 4310 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7221i )) responsible for the purchase, lease, license, or contract for service of school buses for that charter school; or (v) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )), Tribal organization (as defined in that section), or tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2511 )) that is responsible for— (I) providing school bus service to 1 or more Bureau-funded schools (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )); or (II) the purchase, lease, license, or contract for service of school buses. (B) Special requirements In the case of eligible recipients identified under clauses (ii) and (iii) of subparagraph (A), the Administrator shall establish timely and appropriate requirements for notice and approval by the public school systems that would be served by school buses purchased using award funds made available under this section. (7) High-need local educational agency The term high-need local educational agency means a local educational agency that is among the local educational agencies in the applicable State with high percentages of children counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ), on the basis of the most recent satisfactory data available, as determined by the Secretary of Education (or, for a local educational agency for which no such data is available, such other data as the Secretary of Education determines to be satisfactory). (8) Local educational agency The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (9) School bus The term school bus has the meaning given the term schoolbus in section 30125(a) of title 49, United States Code. (10) U.S. Jobs Plan The term U.S. Jobs Plan means a plan submitted by a manufacturer of zero-emission school buses that seeks inclusion on the list of eligible manufacturers maintained under subsection (b)(3)(A), which shall include— (A) commitments for proposed wages, benefits, and employee training by the manufacturer and the supply chain of the manufacturer for the manufacture of zero-emission school buses; (B) a commitment by the manufacturer and the supply chain of the manufacturer for the manufacture of zero-emission school buses to recruit and hire— (i) individuals with a barrier to employment (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )); (ii) veterans; (iii) individuals who reside in low-income or indigenous communities or communities of color; and (iv) individuals that represent populations that are traditionally underrepresented in the manufacturing workforce, such as women and racial and ethnic minorities; and (C) a narrative description of how the manufacturer and the supply chain of the manufacturer will implement the commitment described in subparagraph (B). (11) Zero-emission school bus The term zero-emission school bus means a school bus that is certified by the Administrator to have a drivetrain that produces, under any possible operational mode or condition, zero exhaust emission of— (A) any air pollutant that is listed pursuant to section 108(a) of the Clean Air Act ( 42 U.S.C. 7408(a) ) (or any precursor to such an air pollutant); and (B) any greenhouse gas. (b) Program for purchase of zero-Emission school buses (1) Establishment The Administrator shall establish a program— (A) to award grants and rebates on a competitive basis to eligible recipients for the replacement of existing school buses with zero-emission school buses; (B) to award grants and rebates on a competitive basis to eligible recipients for the purchase of new zero-emission school buses; (C) to award contracts to eligible contractors to provide grants and rebates for the replacement of existing school buses with zero-emission school buses; and (D) to award contracts to eligible contractors to provide grants and rebates for the purchase of new zero-emission school buses. (2) Applications (A) In general An applicant for an award under paragraph (1) shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including— (i) a written assurance that— (I) all laborers and mechanics employed by contractors or subcontractors during construction, alteration, or repair that is financed, in whole or in part, by an award under paragraph (1), shall be paid wages at rates not less than those prevailing in a similar firm or on similar construction in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code; and (II) the applicant agrees to the authority of the Secretary of Labor described in subparagraph (B); (ii) a certification that no public work or service normally performed by a public employee will be privatized or subcontracted in carrying out a project funded by the award; and (iii) a description of— (I) coordination and advance planning with the local electricity provider; and (II) how school bus drivers, mechanics, and local first responders will be properly trained in the operation of, maintenance of, repair of, and emergency response for zero-emission school buses. (B) Authority of Secretary of Labor For any project or activity carried out by a recipient of an award under paragraph (1), the Secretary of Labor shall, with respect to the labor standards described in subparagraph (A)(i)(I), have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (C) Prioritization (i) In general In making awards under paragraph (1), the Administrator shall prioritize applicants that— (I) propose to replace school buses that serve— (aa) a high-need local educational agency; (bb) a Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )); or (cc) a local educational agency that receives a basic support payment under section 7003(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703(b)(1) ) for children who reside on Indian land; (II) serve rural or low-income areas; (III) propose to complement the assistance received through the award by securing additional sources of funding for the activities supported through the award, such as through— (aa) public-private partnerships; (bb) grants from other entities; or (cc) issuance of school bonds; (IV) serve areas identified by the Administrator as in nonattainment of national ambient air quality standards promulgated under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ) for ozone or particulate matter; or (V) serve communities of color. (ii) Self-certification (I) Self-certification authorized For purposes of determining if a local educational agency meets a prioritization criterion described in clause (i), a local educational agency may, in accordance with this clause and in addition to any local educational agencies that the Administrator determines otherwise meet a prioritization criterion described in clause (i), self-certify to the Administrator that the local educational agency is— (aa) a high-need local educational agency; or (bb) a local educational agency that serves a low-income area. (II) Title I grants A local educational agency may self-certify under this clause if not less than 80 percent of the schools within the large local educational agency received a grant under title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) for the 2023/2024 academic year. (III) Certain schools A local educational agency may self-certify a group of schools within the large local educational agency under this clause if— (aa) all schools within the group individually received grants under title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) for the 2023/2024 academic year; and (bb) all school buses for which an award under paragraph (1) is sought will primarily serve the schools within the group. (IV) Other local educational agencies A local educational agency may self-certify under this clause if— (aa) the local educational agency is not included in the most recent school district estimates for the Small Area Income and Poverty Estimates of the Bureau of the Census as having 20 percent or more of students living in poverty; and (bb) the local educational agency received a grant under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) for the 2023/2024 academic year. (D) Utility partnerships An eligible recipient seeking an award under paragraph (1) shall include with an application under subparagraph (A) a worksheet, containing such information as the Administrator may require, detailing the coordination and partnerships of the eligible recipient with electric utilities to prepare for infrastructure projects required to integrate an expanded fleet of zero-emission school buses. (3) Eligible manufacturers (A) In general The Administrator shall maintain and make publicly available a list of manufacturers of zero-emission school buses from whom recipients of awards under paragraph (1) may purchase zero-emission school buses. (B) Criteria The Administrator shall establish a process by which manufacturers may seek inclusion on the list established under subparagraph (A), which shall include the submission of such information as the Administrator may require, including— (i) a disclosure of whether there has been any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the manufacturer in the preceding 3 years for violations of applicable labor, employment, civil rights, or health and safety laws; (ii) specific information regarding— (I) the actions the manufacturer will take to demonstrate compliance with and, where possible, exceedance of requirements under applicable labor, employment, civil rights, and health and safety laws; and (II) actions the manufacturer will take to ensure that the direct suppliers of the manufacturer demonstrate compliance with applicable labor, employment, civil rights, and health and safety laws; and (iii) the U.S. Jobs Plan of the manufacturer. (C) U.S. Jobs Plan The Administrator shall— (i) establish a scoring mechanism to evaluate the quality of U.S. Jobs Plans submitted by manufacturers seeking inclusion on the list established under subparagraph (A); and (ii) establish regular intervals during which manufacturers may submit updated U.S. Jobs Plans and obtain an updated score. (D) Enforcement The Administrator shall establish an enforcement process for the enforcement of commitments made in the U.S. Jobs Plan of an eligible manufacturer, which shall include— (i) a requirement that eligible manufacturers submit semiannual reports demonstrating the compliance of the manufacturer with the U.S. Jobs Plan of the manufacturer, which shall be certified under penalty of perjury; (ii) a process for removing an eligible manufacturer from the list in the case of substantial non-compliance with the U.S. Jobs Plan of the manufacturer; and (iii) a requirement that terms and conditions of employment and compliance reports of the U.S. Jobs Plan will be public information and will be made public on USAspending.gov. (4) Use of funds (A) Use of school buses All zero-emission school buses acquired using an award under paragraph (1) shall— (i) be purchased from an eligible manufacturer; (ii) be operated as part of the school bus fleet for which the award was made for not less than 5 years, except that, if the award is to an eligible contractor and the contract with the local educational agency (including charter schools operating as local educational agencies under State law) ends before the end of the 5-year period, those school buses may be operated as part of another local educational agency eligible for the same or higher priority consideration under paragraph (2)(C)(i), subject to the limitations under paragraph (6); (iii) be maintained, operated, and charged according to manufacturer recommendations or State requirements; and (iv) not be manufactured or retrofitted with, or otherwise have installed, a power unit or other technology that creates air pollution within the school bus, such as an unvented diesel passenger heater. (B) Installation of equipment Any charging infrastructure purchased or installed using an award under paragraph (1) shall be installed with the participation of electricians certified for the installation of electric vehicle supply equipment by the Electric Vehicle Infrastructure Training Program. (5) Awards (A) In general In making awards under paragraph (1), the Administrator may make awards for up to 100 percent of the costs for replacement of existing school buses with zero-emission school buses, the purchase of new zero-emission school buses, charging infrastructure, and project implementation, such as work training. (B) Structuring awards In making an award under subparagraph (A) or (B) of paragraph (1), the Administrator shall decide whether to award a grant or rebate, or a combination thereof, based primarily on how best to facilitate replacing existing school buses with zero-emission school buses or purchasing new zero-emission school buses. (C) Scoring In making awards under paragraph (1), the Administrator may— (i) base the amount of an award, in part, on the score determined using the scoring mechanism established pursuant to paragraph (3)(C); and (ii) as a result of the basis described in clause (i), make a larger award for zero-emission school buses purchased from higher-scoring manufacturers. (6) Deployment and distribution (A) In general The Administrator shall— (i) to the maximum extent practicable, achieve nationwide deployment of zero-emission school buses through the program under this section; and (ii) ensure a broad geographic distribution of awards. (B) Limitation The Administrator shall ensure that the amount received by all eligible recipients in a State from grants and rebates under this section does not exceed 10 percent of the amounts made available to carry out this section during a fiscal year. (7) Annual report Not later than January 31 of each year, the Administrator shall submit to Congress a report that evaluates the implementation of this section and describes— (A) the total number of applications received; (B) the quantity and amount of grants and rebates awarded and the location of the recipients of the grants and rebates; (C) the criteria used to select the recipients; and (D) any other information the Administrator considers appropriate. (c) Education and outreach (1) In general Not later than 120 days after the date of enactment of the Clean Commute for Kids Act of 2024 , the Administrator shall develop an education and outreach program to promote and explain the award program under this section. (2) Coordination with stakeholders The education and outreach program under paragraph (1) shall be designed and conducted in conjunction with interested national school bus transportation associations, labor unions, electric utilities, manufacturers of zero-emission school buses, manufacturers of components of zero-emission school buses, clean transportation nonprofit organizations, and other stakeholders. (3) Components The education and outreach program under paragraph (1) shall— (A) inform potential award recipients on the process of applying for awards and fulfilling the requirements of awards; (B) describe the benefits of using the technologies for which awards under subsection (b)(1) are available; (C) explain the benefits and costs incurred by participating in the award program; (D) make available information regarding best practices, lessons learned, and technical and other information regarding— (i) zero-emission school bus acquisition and deployment; (ii) the build-out of associated infrastructure and advance planning with the local electricity supplier; (iii) workforce development, training, and Registered Apprenticeships that meet the requirements under parts 29 and 30 of title 29, Code of Federal Regulations (as in effect on December 1, 2023); (iv) the benefits of aggregate purchasing using grant awards from the award program under this section; and (v) any other information that is necessary, as determined by the Administrator; (E) include, as appropriate, information from the annual report required under subsection (b)(7); and (F) in consultation with the Secretary, make information available about how zero-emission school buses can be part of building community resilience to the effects of climate change. (d) Administrative costs The Administrator may use, for the administrative costs of carrying out this section, not more than 3 percent of the amounts made available to carry out this section for any fiscal year. (e) Regulations The Administrator shall have the authority to promulgate such regulations or other guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner, result in emissions reductions, and maximize public health benefits. (f) Authorization of appropriations There are authorized to be appropriated to the Administrator to carry out this section, to remain available until expended— (1) $2,000,000,000 for each of fiscal years 2025 and 2026; and (2) $3,000,000,000 for each of fiscal years 2027 through 2032. . (b) Effective date The amendment made by subsection (a) takes effect on October 1, 2024. 3. Other matters (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Clean School Bus program The term Clean School Bus program means the program for grants and rebates established under paragraph (1) of section 741(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16091(b) ). (3) Local educational agency The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) School bus The term school bus has the meaning given the term schoolbus in section 30125(a) of title 49, United States Code. (5) Vehicle-to-building/home program The term vehicle-to-building/home program means a program for the installation and operation of technology to allow for energy stored in an electric vehicle, including a zero-emission school bus, to be discharged to a building or home for the purposes of— (A) providing backup power; or (B) avoiding peak energy use demand charges. (6) Vehicle-to-grid program The term vehicle-to-grid program means a program for the installation and operation of— (A) technology to allow for 2-way power flow between a zero-emission school bus and the electric grid— (i) to allow users, including school districts, to sell energy back to the grid at during times of high demand; and (ii) to increase the resiliency of users, including schools, in natural disasters by providing a backup source of energy to allow facilities to function as shelters; and (B) communications hardware and software that allows for external control of battery charging and discharging that have the functions described in clauses (i) and (ii) of subparagraph (A). (7) Zero-emission school bus The term zero-emission school bus has the meaning given the term in section 741(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 16091(a) ). (b) Study on zero-Emission school bus prices Not later than 180 days after the date of enactment of this Act, the Administrator shall— (1) carry out, and submit to Congress a report describing the results of, a study that examines the effects of the Clean School Bus program on zero-emission school bus prices; and (2) in the report required under paragraph (1), provide recommendations on how zero-emission school buses can reach cost-parity with diesel-powered school buses. (c) Technical assistance program (1) In general The Administrator, in consultation with the Executive Director of the Joint Office of Energy and Transportation, shall develop and carry out a program to provide technical assistance to— (A) eligible recipients that meet 1 or more of the prioritization categories described in paragraph (2)(C)(i) of section 741(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16091(b) ); and (B) electric utilities that serve the recipients of grants and rebates under the Clean School Bus program, to ensure that those electric utilities are prepared to work with recipients of awards under the Clean School Bus program and are capable of supporting school bus electrification. (2) Types of assistance The program established under paragraph (1) shall provide technical assistance to the entities described in that paragraph, including, as applicable— (A) providing assistance on applying for grants or rebates under the Clean School Bus program; (B) providing assistance on the deployment, operation, maintenance, training, and disposal of zero-emission school buses and associated charging infrastructure, including battery recycling and reuse; (C) preparing eligible recipients for coordination with electric utilities and relevant service providers; (D) providing assistance in the deployment, operationalization, and maintenance of zero-emission school buses; (E) providing assistance in developing zero-emission school bus battery disposition, reuse, and recycling plans; and (F) establishing charging coordination and planning, including bus route planning and the availability of charging infrastructure technologies. (3) Best practices In carrying out paragraph (1), the Administrator, in consultation with the Executive Director of the Joint Office of Energy and Transportation, shall develop best practices for electric utilities and State regulatory authorities (as defined in section 3 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2602 )) to plan and carry out programs for the equitable deployment of zero-emission school buses, including vehicle-to-grid programs and vehicle-to-building/home programs. (4) Requirement In carrying out paragraph (1), the Administrator, in consultation with the Executive Director of the Joint Office of Energy and Transportation, shall ensure transparency and data-sharing on vehicle-to-grid programs and vehicle-to-building/home programs and the compensation of those programs to school bus operators.