42 U.S.C. § 7433

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 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

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.

42 U.S.C. § 7433

July 14, 1955, ch. 360, title I, §133, as added Pub. L. 117-169, title VI, §601020102,, 136 Stat. 2064.

Administrator: The term "Administrator" means the Administrator of General Services.
State: The term "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.
air pollutant: The term "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. Such term includes any precursors to the formation of any air pollutant, to the extent the Administrator has identified such precursor or precursors for the particular purpose for which the term "air pollutant" is used.
air pollution control agency: The term "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.(2) An agency established by two or more States and having substantial powers or duties pertaining to the prevention and control of air pollution.(3) A city, county, or other local government health authority, or, in the case of any city, county, or other local government in which there is an agency other than the health authority charged with responsibility for enforcing ordinances or laws relating to the prevention and control of air pollution, such other agency.(4) An agency of two or more municipalities located in the same State or in different States and having substantial powers or duties pertaining to the prevention and control of air pollution.(5) An agency of an Indian tribe.
practices: The term "practices" means design, financing, permitting, construction, commissioning, operation and maintenance, and other practices that contribute to achieving zero-net-energy buildings or facilities.