42 USC 7433 – Grants to reduce air pollution at ports
(a) Appropriations
(1) General assistance
In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $2,250,000,000, to remain available until September 30, 2027, to award rebates and grants to eligible recipients on a competitive basis—
(A) to purchase or install zero-emission port equipment or technology for use at, or to directly serve, one or more ports;
(B) to conduct any relevant planning or permitting in connection with the purchase or installation of such zero-emission port equipment or technology; and
(C) to develop qualified climate action plans.
(2) Nonattainment areas
In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $750,000,000, to remain available until September 30, 2027, to award rebates and grants to eligible recipients to carry out activities described in paragraph (1) with respect to ports located in air quality areas designated pursuant to section 7407 of this title as nonattainment for an air pollutant.
(b) Limitation
Funds awarded under this section shall not be used by any recipient or subrecipient to purchase or install zero-emission port equipment or technology that will not be located at, or directly serve, the one or more ports involved.
(c) Administration of funds
Terms Used In 42 USC 7433
- Administrator: means the Administrator of the Environmental Protection Agency. See 42 USC 7602
- air pollutant: means any air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air. See 42 USC 7602
- air pollution control agency: means any of the following:
(1) A single State agency designated by the Governor of that State as the official State air pollution control agency for purposes of this chapter. See 42 USC 7602
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and includes the Commonwealth of the Northern Mariana Islands. See 42 USC 7602
- vessel: includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. See 1 USC 3
Of the funds made available by this section, the Administrator shall reserve 2 percent for administrative costs necessary to carry out this section.
(d) Definitions
In this section:
(1) Eligible recipient
The term “eligible recipient” means—
(A) a port authority;
(B) a State, regional, local, or Tribal agency that has jurisdiction over a port authority or a port;
(C) an air pollution control agency; or
(D) a private entity that—
(i) applies for a grant under this section in partnership with an entity described in any of subparagraphs (A) through (C); and
(ii) owns, operates, or uses the facilities, cargo-handling equipment, transportation equipment, or related technology of a port.
(2) Greenhouse gas
The term “greenhouse gas” means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
(3) Qualified climate action plan
The term “qualified climate action plan” means a detailed and strategic plan that—
(A) establishes goals, implementation strategies, and accounting and inventory practices to reduce emissions at one or more ports of—
(i) greenhouse gases;
(ii) an air pollutant that is listed pursuant to section 7408(a) of this title (or any precursor to such an air pollutant); and
(iii) hazardous air pollutants;
(B) includes a strategy to collaborate with, communicate with, and address potential effects on low-income and disadvantaged near-port communities and other stakeholders that may be affected by implementation of the plan; and
(C) describes how an eligible recipient has implemented or will implement measures to increase the resilience of the one or more ports involved.
(4) Zero-emission port equipment or technology
The term “zero-emission port equipment or technology” means human-operated equipment or human-maintained technology that—
(A) produces zero emissions of any air pollutant that is listed pursuant to section 7408(a) of this title (or any precursor to such an air pollutant) and any greenhouse gas other than water vapor; or
(B) captures 100 percent of the emissions described in subparagraph (A) that are produced by an ocean-going vessel at berth.