Title VI — Committee on Environment and Public Works

117th Congress · Approved Aug 16, 2022 · 136 Stat. 1818

TITLE VI Committee on Environment and Public Works

Subtitle A Air Pollution

SEC. 60101. Clean Heavy-Duty Vehicles.

The Clean Air Act is amended by inserting after section 131 of such Act (42 U.S.C. 7431) the following:

“SEC. 132. CLEAN HEAVY-DUTY VEHICLES.

“(a) Appropriations.—

“(1) In general.—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, $600,000,000, to remain available until September 30, 2031, to carry out this section.

“(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, $400,000,000, to remain available until September 30, 2031, to make awards under this section to eligible recipients and to eligible contractors that propose to replace eligible vehicles to serve 1 or more communities located in an air quality area designated pursuant to section 107 as nonattainment for any air pollutant.

“(3) Reservation.—Of the funds appropriated by paragraph (1), the Administrator shall reserve 3 percent for administrative costs necessary to carry out this section.

“(b) Program.—Beginning not later than 180 days after the date of enactment of this section, the Administrator shall implement a program to make awards of grants and rebates to eligible recipients, and to make awards of contracts to eligible contractors for providing rebates, for up to 100 percent of costs for—

“(1) the incremental costs of replacing an eligible vehicle that is not a zero-emission vehicle with a zero-emission vehicle, as determined by the Administrator based on the market value of the vehicles;

“(2) purchasing, installing, operating, and maintaining infrastructure needed to charge, fuel, or maintain zero-emission vehicles;

“(3) workforce development and training to support the maintenance, charging, fueling, and operation of zero-emission vehicles; and

“(4) planning and technical activities to support the adoption and deployment of zero-emission vehicles.

“(c) Applications.—To seek an award under this section, an eligible recipient or eligible contractor shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator shall prescribe.

“(d) Definitions.—For purposes of this section:

“(1) Eligible contractor.—The term ‘eligible contractor’ means a contractor that has the capacity—

“(A) to sell, lease, license, or contract for service zero-emission vehicles, or charging or other equipment needed to charge, fuel, or maintain zero-emission vehicles, to individuals or entities that own, lease, license, or contract for service an eligible vehicle; or

“(B) to arrange financing for such a sale, lease, license, or contract for service.

“(2) Eligible recipient.—The term ‘eligible recipient’ means—

“(A) a State;

“(B) a municipality;

“(C) an Indian tribe; or

“(D) a nonprofit school transportation association.

“(3) Eligible vehicle.—The term ‘eligible vehicle’ means a Class 6 or Class 7 heavy-duty vehicle as defined in section 1037.801 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this section).

“(4) Greenhouse gas.—The term ‘greenhouse gas’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.

“(5) Zero-emission vehicle.—The term ‘zero-emission vehicle’ means a vehicle that has a drivetrain that produces, under any possible operational mode or condition, zero exhaust emissions of—

“(A) any air pollutant that is listed pursuant to section 108(a) (or any precursor to such an air pollutant); and

“(B) any greenhouse gas.”

SEC. 60102. Grants to Reduce Air Pollution at Ports.

The Clean Air Act is amended by inserting after section 132 of such Act, as added by section 60101 of this Act, the following:

“SEC. 133. 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 107 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 108(a) (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 108(a) (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.”

SEC. 60103. Greenhouse Gas Reduction Fund.

The Clean Air Act is amended by inserting after section 133 of such Act, as added by section 60102 of this Act, the following:

“SEC. 134. GREENHOUSE GAS REDUCTION FUND.

“(a) Appropriations.—

“(1) Zero-emission technologies.—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, $7,000,000,000, to remain available until September 30, 2024, to make grants, on a competitive basis and beginning not later than 180 calendar days after the date of enactment of this section, to States, municipalities, Tribal governments, and eligible recipients for the purposes of providing grants, loans, or other forms of financial assistance, as well as technical assistance, to enable low-income and disadvantaged communities to deploy or benefit from zero-emission technologies, including distributed technologies on residential rooftops, and to carry out other greenhouse gas emission reduction activities, as determined appropriate by the Administrator in accordance with this section.

“(2) 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, $11,970,000,000, to remain available until September 30, 2024, to make grants, on a competitive basis and beginning not later than 180 calendar days after the date of enactment of this section, to eligible recipients for the purposes of providing financial assistance and technical assistance in accordance with subsection (b).

“(3) Low-income and disadvantaged communities.—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, $8,000,000,000, to remain available until September 30, 2024, to make grants, on a competitive basis and beginning not later than 180 calendar days after the date of enactment of this section, to eligible recipients for the purposes of providing financial assistance and technical assistance in low-income and disadvantaged communities in accordance with subsection (b).

“(4) Administrative costs.—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, $30,000,000, to remain available until September 30, 2031, for the administrative costs necessary to carry out activities under this section.

“(b) Use of Funds.—An eligible recipient that receives a grant pursuant to subsection (a) shall use the grant in accordance with the following:

“(1) Direct investment.—The eligible recipient shall—

“(A) provide financial assistance to qualified projects at the national, regional, State, and local levels;

“(B) prioritize investment in qualified projects that would otherwise lack access to financing; and

“(C) retain, manage, recycle, and monetize all repayments and other revenue received from fees, interest, repaid loans, and all other types of financial assistance provided using grant funds under this section to ensure continued operability.

“(2) Indirect investment.—The eligible recipient shall provide funding and technical assistance to establish new or support existing public, quasi-public, not-for-profit, or nonprofit entities that provide financial assistance to qualified projects at the State, local, territorial, or Tribal level or in the District of Columbia, including community- and low-income-focused lenders and capital providers.

“(c) Definitions.—In this section:

“(1) Eligible recipient.—The term ‘eligible recipient’ means a nonprofit organization that—

“(A) is designed to provide capital, leverage private capital, and provide other forms of financial assistance for the rapid deployment of low- and zero-emission products, technologies, and services;

“(B) does not take deposits other than deposits from repayments and other revenue received from financial assistance provided using grant funds under this section;

“(C) is funded by public or charitable contributions; and

“(D) invests in or finances projects alone or in conjunction with other investors.

“(2) Greenhouse gas.—The term ‘greenhouse gas’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.

“(3) Qualified project.—The term ‘qualified project’ includes any project, activity, or technology that—

“(A) reduces or avoids greenhouse gas emissions and other forms of air pollution in partnership with, and by leveraging investment from, the private sector; or

“(B) assists communities in the efforts of those communities to reduce or avoid greenhouse gas emissions and other forms of air pollution.

“(4) Zero-emission technology.—The term ‘zero-emission technology’ means any technology that produces zero emissions of—

“(A) any air pollutant that is listed pursuant to section 108(a) (or any precursor to such an air pollutant); and

“(B) any greenhouse gas.”

SEC. 60104. Diesel Emissions Reductions.

(a)

Goods Movement.— In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $60,000,000, to remain available until September 30, 2031, for grants, rebates, and loans under section 792 of the Energy Policy Act of 2005 (42 U.S.C. 16132) to identify and reduce diesel emissions resulting from goods movement facilities, and vehicles servicing goods movement facilities, in low-income and disadvantaged communities to address the health impacts of such emissions on such communities.

(b)

Administrative Costs.— The Administrator of the Environmental Protection Agency shall reserve 2 percent of the amounts made available under this section for the administrative costs necessary to carry out activities pursuant to this section.

SEC. 60105. Funding to Address Air Pollution.

(a)

Fenceline Air Monitoring and Screening Air Monitoring.— In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $117,500,000, to remain available until September 30, 2031, for grants and other activities authorized under subsections (a) through (c) of section 103 and section 105 of the Clean Air Act (42 U.S.C. 7403(a)–(c), 7405) to deploy, integrate, support, and maintain fenceline air monitoring, screening air monitoring, national air toxics trend stations, and other air toxics and community monitoring.

(b)

Multipollutant Monitoring Stations.— In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available until September 30, 2031, for grants and other activities authorized under subsections (a) through (c) of section 103 and section 105 of the Clean Air Act (42 U.S.C. 7403(a)–(c), 7405)—

(1)

to expand the national ambient air quality monitoring network with new multipollutant monitoring stations; and

(2)

to replace, repair, operate, and maintain existing monitors.

(c)

Air Quality Sensors in Low-income and Disadvantaged Communities.— In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $3,000,000, to remain available until September 30, 2031, for grants and other activities authorized under subsections (a) through (c) of section 103 and section 105 of the Clean Air Act (42 U.S.C. 7403(a)–(c), 7405) to deploy, integrate, and operate air quality sensors in low-income and disadvantaged communities.

(d)

Emissions From Wood Heaters.— In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $15,000,000, to remain available until September 30, 2031, for grants and other activities authorized under subsections (a) through (c) of section 103 and section 105 of the Clean Air Act (42 U.S.C. 7403(a)–(c), 7405) for testing and other agency activities to address emissions from wood heaters.

(e)

Methane Monitoring.— In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $20,000,000, to remain available until September 30, 2031, for grants and other activities authorized under subsections (a) through (c) of section 103 and section 105 of the Clean Air Act (42 U.S.C. 7403(a)–(c), 7405) for monitoring emissions of methane.

(f)

Clean Air Act Grants.— In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $25,000,000, to remain available until September 30, 2031, for grants and other activities authorized under subsections (a) through (c) of section 103 and section 105 of the Clean Air Act (42 U.S.C. 7403(a)–(c), 7405).

(g)

Greenhouse Gas and Zero-emission Standards for Mobile Sources.— In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $5,000,000, to remain available until September 30, 2031, to provide grants to States to adopt and implement greenhouse gas and zero-emission standards for mobile sources pursuant to section 177 of the Clean Air Act (42 U.S.C. 7507).

(h)

Definition of Greenhouse Gas.— In this section, the term “greenhouse gas” means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.

SEC. 60106. Funding to Address Air Pollution at Schools.

(a)

(b)

Technical Assistance.— In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $12,500,000, to remain available until September 30, 2031, for providing technical assistance to schools in low-income and disadvantaged communities under subsections (a) through (c) of section 103 of the Clean Air Act (42 U.S.C. 7403(a)–(c)) and section 105 of that Act (42 U.S.C. 7405)—

(1)

to address environmental issues;

(2)

to develop school environmental quality plans that include standards for school building, design, construction, and renovation; and

(3)

to identify and mitigate ongoing air pollution hazards.

(c)

SEC. 60107. Low Emissions Electricity Program.

The Clean Air Act is amended by inserting after section 134 of such Act, as added by section 60103 of this Act, the following:

“SEC. 135. LOW EMISSIONS ELECTRICITY PROGRAM.

“(a) Appropriation.—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, to remain available until September 30, 2031—

“(1) $17,000,000 for consumer-related education and partnerships with respect to reductions in greenhouse gas emissions that result from domestic electricity generation and use;

“(2) $17,000,000 for education, technical assistance, and partnerships within low-income and disadvantaged communities with respect to reductions in greenhouse gas emissions that result from domestic electricity generation and use;

“(3) $17,000,000 for industry-related outreach, technical assistance, and partnerships with respect to reductions in greenhouse gas emissions that result from domestic electricity generation and use;

“(4) $17,000,000 for outreach and technical assistance to, and partnerships with, State, Tribal, and local governments with respect to reductions in greenhouse gas emissions that result from domestic electricity generation and use;

“(5) $1,000,000 to assess, not later than 1 year after the date of enactment of this section, the reductions in greenhouse gas emissions that result from changes in domestic electricity generation and use that are anticipated to occur on an annual basis through fiscal year 2031; and

“(6) $18,000,000 to ensure that reductions in greenhouse gas emissions are achieved through use of the existing authorities of this Act, incorporating the assessment under paragraph (5).

“(b) Administration of Funds.—Of the amounts made available under subsection (a), the Administrator shall reserve 2 percent for the administrative costs necessary to carry out activities pursuant to that subsection.

“(c) Definition of Greenhouse Gas.—In this section, the term ‘greenhouse gas’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.”

SEC. 60108. Funding for Section 211(o) of the Clean Air Act.

(a)

Test and Protocol Development.— In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $5,000,000, to remain available until September 30, 2031, to carry out section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) with respect to—

(1)

the development and establishment of tests and protocols regarding the environmental and public health effects of a fuel or fuel additive;

(2)

internal and extramural data collection and analyses to regularly update applicable regulations, guidance, and procedures for determining lifecycle greenhouse gas emissions of a fuel; and

(3)

the review, analysis, and evaluation of the impacts of all transportation fuels, including fuel lifecycle implications, on the general public and on low-income and disadvantaged communities.

(b)

Investments in Advanced Biofuels.— In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $10,000,000, to remain available until September 30, 2031, for new grants to industry and other related activities under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) to support investments in advanced biofuels.

(c)

SEC. 60109. Funding for Implementation of the American Innovation and Manufacturing Act.

(a)

Appropriations.—

(1)

In general.— In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $20,000,000, to remain available until September 30, 2026, to carry out subsections (a) through (i) and subsection (k) of section 103 of division S of Public Law 116–260 (42 U.S.C. 7675).

(2)

Implementation and compliance tools.— In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $3,500,000, to remain available until September 30, 2026, to deploy new implementation and compliance tools to carry out subsections (a) through (i) and subsection (k) of section 103 of division S of Public Law 116–260 (42 U.S.C. 7675).

(3)

Competitive grants.— In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $15,000,000, to remain available until September 30, 2026, for competitive grants for reclaim and innovative destruction technologies under subsections (a) through (i) and subsection (k) of section 103 of division S of Public Law 116–260 (42 U.S.C. 7675).

(b)

Administration of Funds.— Of the funds made available pursuant to subsection (a)(3), the Administrator of the Environmental Protection Agency shall reserve 5 percent for administrative costs necessary to carry out activities pursuant to such subsection.

SEC. 60110. Funding for Enforcement Technology and Public Information.

(a)

Compliance Monitoring.— In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $18,000,000, to remain available until September 30, 2031, to update the Integrated Compliance Information System of the Environmental Protection Agency and any associated systems, necessary information technology infrastructure, or public access software tools to ensure access to compliance data and related information.

(b)

Communications With ICIS.— In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $3,000,000, to remain available until September 30, 2031, for grants to States, Indian tribes, and air pollution control agencies (as such terms are defined in section 302 of the Clean Air Act (42 U.S.C. 7602)) to update their systems to ensure communication with the Integrated Compliance Information System of the Environmental Protection Agency and any associated systems.

(c)

Inspection Software.— In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $4,000,000, to remain available until September 30, 2031—

(1)

to acquire or update inspection software for use by the Environmental Protection Agency, States, Indian tribes, and air pollution control agencies (as such terms are defined in section 302 of the Clean Air Act (42 U.S.C. 7602)); or

(2)

to acquire necessary devices on which to run such inspection software.

SEC. 60111. Greenhouse Gas Corporate Reporting.

(a)

(1)

enhanced standardization and transparency of corporate climate action commitments and plans to reduce greenhouse gas emissions;

(2)

enhanced transparency regarding progress toward meeting such commitments and implementing such plans; and

(3)

progress toward meeting such commitments and implementing such plans.

(b)

SEC. 60112. Environmental Product Declaration Assistance.

(a)

(1)

providing grants to businesses that manufacture construction materials and products for developing and verifying environmental product declarations, and to States, Indian Tribes, and nonprofit organizations that will support such businesses;

(2)

providing technical assistance to businesses that manufacture construction materials and products in developing and verifying environmental product declarations, and to States, Indian Tribes, and nonprofit organizations that will support such businesses; and

(3)

carrying out other activities that assist in measuring, reporting, and steadily reducing the quantity of embodied carbon of construction materials and products.

(b)

Administrative Costs.— Of the amounts made available under this section, the Administrator of the Environmental Protection Agency shall reserve 5 percent for administrative costs necessary to carry out this section.

(c)

Definitions.— In this section:

(1)

Greenhouse gas.— The term “greenhouse gas” means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.

(2)

State.— The term “State” has the meaning given to that term in section 302(d) of the Clean Air Act (42 U.S.C. 7602(d)).

SEC. 60113. Methane Emissions Reduction Program.

The Clean Air Act is amended by inserting after section 135 of such Act, as added by section 60107 of this Act, the following:

“SEC. 136. METHANE EMISSIONS AND WASTE REDUCTION INCENTIVE PROGRAM FOR PETROLEUM AND NATURAL GAS SYSTEMS.

“(a) Incentives for Methane Mitigation and Monitoring.—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, $850,000,000, to remain available until September 30, 2028—

“(1) for grants, rebates, contracts, loans, and other activities of the Environmental Protection Agency for the purposes of providing financial and technical assistance to owners and operators of applicable facilities to prepare and submit greenhouse gas reports under subpart W of part 98 of title 40, Code of Federal Regulations;

“(2) for grants, rebates, contracts, loans, and other activities of the Environmental Protection Agency authorized under subsections (a) through (c) of section 103 for methane emissions monitoring;

“(3) for grants, rebates, contracts, loans, and other activities of the Environmental Protection Agency for the purposes of providing financial and technical assistance to reduce methane and other greenhouse gas emissions from petroleum and natural gas systems, mitigate legacy air pollution from petroleum and natural gas systems, and provide funding for—

“(A) improving climate resiliency of communities and petroleum and natural gas systems;

“(B) improving and deploying industrial equipment and processes that reduce methane and other greenhouse gas emissions and waste;

“(C) supporting innovation in reducing methane and other greenhouse gas emissions and waste from petroleum and natural gas systems;

“(D) permanently shutting in and plugging wells on non-Federal land;

“(E) mitigating health effects of methane and other greenhouse gas emissions, and legacy air pollution from petroleum and natural gas systems in low-income and disadvantaged communities; and

“(F) supporting environmental restoration; and

“(4) to cover all direct and indirect costs required to administer this section, prepare inventories, gather empirical data, and track emissions.

“(b) Incentives for Methane Mitigation From Conventional Wells.—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, $700,000,000, to remain available until September 30, 2028, for activities described in paragraphs (1) through (4) of subsection (a) at marginal conventional wells.

“(c) Waste Emissions Charge.—The Administrator shall impose and collect a charge on methane emissions that exceed an applicable waste emissions threshold under subsection (f) from an owner or operator of an applicable facility that reports more than 25,000 metric tons of carbon dioxide equivalent of greenhouse gases emitted per year pursuant to subpart W of part 98 of title 40, Code of Federal Regulations, regardless of the reporting threshold under that subpart.

“(d) Applicable Facility.—For purposes of this section, the term ‘applicable facility’ means a facility within the following industry segments, as defined in subpart W of part 98 of title 40, Code of Federal Regulations:

“(1) Offshore petroleum and natural gas production.

“(2) Onshore petroleum and natural gas production.

“(3) Onshore natural gas processing.

“(4) Onshore natural gas transmission compression.

“(5) Underground natural gas storage.

“(6) Liquefied natural gas storage.

“(7) Liquefied natural gas import and export equipment.

“(8) Onshore petroleum and natural gas gathering and boosting.

“(9) Onshore natural gas transmission pipeline.

“(e) Charge Amount.—The amount of a charge under subsection (c) for an applicable facility shall be equal to the product obtained by multiplying—

“(1) the number of metric tons of methane emissions reported pursuant to subpart W of part 98 of title 40, Code of Federal Regulations, for the applicable facility that exceed the applicable annual waste emissions threshold listed in subsection (f) during the previous reporting period; and

“(2)

(A) $900 for emissions reported for calendar year 2024;

“(B) $1,200 for emissions reported for calendar year 2025; or

“(C) $1,500 for emissions reported for calendar year 2026 and each year thereafter.

“(f) Waste Emissions Threshold.—

“(1) Petroleum and natural gas production.—With respect to imposing and collecting the charge under subsection (c) for an applicable facility in an industry segment listed in paragraph (1) or (2) of subsection (d), the Administrator shall impose and collect the charge on the reported metric tons of methane emissions from such facility that exceed—

“(A) 0.20 percent of the natural gas sent to sale from such facility; or

“(B) 10 metric tons of methane per million barrels of oil sent to sale from such facility, if such facility sent no natural gas to sale.

“(2) Nonproduction petroleum and natural gas systems.—With respect to imposing and collecting the charge under subsection (c) for an applicable facility in an industry segment listed in paragraph (3), (6), (7), or (8) of subsection (d), the Administrator shall impose and collect the charge on the reported metric tons of methane emissions that exceed 0.05 percent of the natural gas sent to sale from or through such facility.

“(3) Natural gas transmission.—With respect to imposing and collecting the charge under subsection (c) for an applicable facility in an industry segment listed in paragraph (4), (5), or (9) of subsection (d), the Administrator shall impose and collect the charge on the reported metric tons of methane emissions that exceed 0.11 percent of the natural gas sent to sale from or through such facility.

“(4) Common ownership or control.—In calculating the total emissions charge obligation for facilities under common ownership or control, the Administrator shall allow for the netting of emissions by reducing the total obligation to account for facility emissions levels that are below the applicable thresholds within and across all applicable segments identified in subsection (d).

“(5) Exemption.—Charges shall not be imposed pursuant to paragraph (1) on emissions that exceed the waste emissions threshold specified in such paragraph if such emissions are caused by unreasonable delay, as determined by the Administrator, in environmental permitting of gathering or transmission infrastructure necessary for offtake of increased volume as a result of methane emissions mitigation implementation.

“(6) Exemption for regulatory compliance.—

“(A) In general.—Charges shall not be imposed pursuant to subsection (c) on an applicable facility that is subject to and in compliance with methane emissions requirements pursuant to subsections (b) and (d) of section 111 upon a determination by the Administrator that—

“(i) methane emissions standards and plans pursuant to subsections (b) and (d) of section 111 have been approved and are in effect in all States with respect to the applicable facilities; and

“(ii) compliance with the requirements described in clause (i) will result in equivalent or greater emissions reductions as would be achieved by the proposed rule of the Administrator entitled ‘Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review’ (86 Fed. Reg. 63110 (November 15, 2021)), if such rule had been finalized and implemented.

“(B) Resumption of charge.—If the conditions in clause (i) or (ii) of subparagraph (A) cease to apply after the Administrator has made the determination in that subparagraph, the applicable facility will again be subject to the charge under subsection (c) beginning in the first calendar year in which the conditions in either clause (i) or (ii) of that subparagraph are no longer met.

“(7) Plugged wells.—Charges shall not be imposed with respect to the emissions rate from any well that has been permanently shut-in and plugged in the previous year in accordance with all applicable closure requirements, as determined by the Administrator.

“(g) Period.—The charge under subsection (c) shall be imposed and collected beginning with respect to emissions reported for calendar year 2024 and for each year thereafter.

“(h) Reporting.—Not later than 2 years after the date of enactment of this section, the Administrator shall revise the requirements of subpart W of part 98 of title 40, Code of Federal Regulations, to ensure the reporting under such subpart, and calculation of charges under subsections (e) and (f) of this section, are based on empirical data, including data collected pursuant to subsection (a)(4), accurately reflect the total methane emissions and waste emissions from the applicable facilities, and allow owners and operators of applicable facilities to submit empirical emissions data, in a manner to be prescribed by the Administrator, to demonstrate the extent to which a charge under subsection (c) is owed.

“(i) Definition of Greenhouse Gas.—In this section, the term ‘greenhouse gas’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.”

SEC. 60114. Climate Pollution Reduction Grants.

The Clean Air Act is amended by inserting after section 136 of such Act, as added by section 60113 of this Act, the following:

“SEC. 137. GREENHOUSE GAS AIR POLLUTION PLANS AND IMPLEMENTATION GRANTS.

“(a) Appropriations.—

“(1) Greenhouse gas air pollution planning grants.—In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any amounts in the Treasury not otherwise appropriated, $250,000,000, to remain available until September 30, 2031, to carry out subsection (b).

“(2) Greenhouse gas air pollution implementation grants.—In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any amounts in the Treasury not otherwise appropriated, $4,750,000,000, to remain available until September 30, 2026, to carry out subsection (c).

“(3) Administrative costs.—Of the funds made available under paragraph (2), the Administrator shall reserve 3 percent for administrative costs necessary to carry out this section, to provide technical assistance to eligible entities, to develop a plan that could be used as a model by grantees in developing a plan under subsection (b), and to model the effects of plans described in this section.

“(b) Greenhouse Gas Air Pollution Planning Grants.—The Administrator shall make a grant to at least one eligible entity in each State for the costs of developing a plan for the reduction of greenhouse gas air pollution to be submitted with an application for a grant under subsection (c). Each such plan shall include programs, policies, measures, and projects that will achieve or facilitate the reduction of greenhouse gas air pollution. Not later than 270 days after the date of enactment of this section, the Administrator shall publish a funding opportunity announcement for grants under this subsection.

“(c) Greenhouse Gas Air Pollution Reduction Implementation Grants.—

“(1) In general.—The Administrator shall competitively award grants to eligible entities to implement plans developed under subsection (b).

“(2) Application.—To apply for a grant under this subsection, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator shall require, which such application shall include information regarding the degree to which greenhouse gas air pollution is projected to be reduced in total and with respect to low-income and disadvantaged communities.

“(3) Terms and conditions.—The Administrator shall make funds available to a grantee under this subsection in such amounts, upon such a schedule, and subject to such conditions based on its performance in implementing its plan submitted under this section and in achieving projected greenhouse gas air pollution reduction, as determined by the Administrator.

“(d) Definitions.—In this section:

“(1) Eligible entity.—The term ‘eligible entity’ means—

“(A) a State;

“(B) an air pollution control agency;

“(C) a municipality;

“(D) an Indian tribe; and

“(E) a group of one or more entities listed in subparagraphs (A) through (D).

“(2) Greenhouse gas.—The term ‘greenhouse gas’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.”

SEC. 60115. Environmental Protection Agency Efficient, Accurate, and Timely Reviews.

In addition to amounts otherwise available, there is appropriated to the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $40,000,000, to remain available until September 30, 2026, to provide for the development of efficient, accurate, and timely reviews for permitting and approval processes through the hiring and training of personnel, the development of programmatic documents, the procurement of technical or scientific services for reviews, the development of environmental data or information systems, stakeholder and community engagement, the purchase of new equipment for environmental analysis, and the development of geographic information systems and other analysis tools, techniques, and guidance to improve agency transparency, accountability, and public engagement.

SEC. 60116. Low-Embodied Carbon Labeling for Construction Materials.

(a)

In General.— In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available until September 30, 2026, for necessary administrative costs of the Administrator of the Environmental Protection Agency to carry out this section and to develop and carry out a program, in consultation with the Administrator of the Federal Highway Administration for construction materials used in transportation projects and the Administrator of General Services for construction materials used for Federal buildings, to identify and label construction materials and products that have substantially lower levels of embodied greenhouse gas emissions associated with all relevant stages of production, use, and disposal, as compared to estimated industry averages of similar materials or products, as determined by the Administrator of the Environmental Protection Agency, based on—

(1)

environmental product declarations; or

(2)

determinations by State agencies, as verified by the Administrator of the Environmental Protection Agency.

(b)

Subtitle B Hazardous Materials

SEC. 60201. Environmental and Climate Justice Block Grants.

The Clean Air Act is amended by inserting after section 137, as added by subtitle A of this title, the following:

“SEC. 138. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS.

“(a) Appropriation.—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—

“(1) $2,800,000,000 to remain available until September 30, 2026, to award grants for the activities described in subsection (b); and

“(2) $200,000,000 to remain available until September 30, 2026, to provide technical assistance to eligible entities related to grants awarded under this section.

“(b) Grants.—

“(1) In general.—The Administrator shall use amounts made available under subsection (a)(1) to award grants for periods of up to 3 years to eligible entities to carry out activities described in paragraph (2) that benefit disadvantaged communities, as defined by the Administrator.

“(2) Eligible activities.—An eligible entity may use a grant awarded under this subsection for—

“(A) community-led air and other pollution monitoring, prevention, and remediation, and investments in low- and zero-emission and resilient technologies and related infrastructure and workforce development that help reduce greenhouse gas emissions and other air pollutants;

“(B) mitigating climate and health risks from urban heat islands, extreme heat, wood heater emissions, and wildfire events;

“(C) climate resiliency and adaptation;

“(D) reducing indoor toxics and indoor air pollution; or

“(E) facilitating engagement of disadvantaged communities in State and Federal advisory groups, workshops, rulemakings, and other public processes.

“(3) Eligible entities.—In this subsection, the term ‘eligible entity’ means—

“(A) a partnership between—

“(i) an Indian tribe, a local government, or an institution of higher education; and

“(ii) a community-based nonprofit organization;

“(B) a community-based nonprofit organization; or

“(C) a partnership of community-based nonprofit organizations.

“(c) Administrative Costs.—The Administrator shall reserve 7 percent of the amounts made available under subsection (a) for administrative costs to carry out this section.

“(d) Definition of Greenhouse Gas.—In this section, the term ‘greenhouse gas’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.”

Subtitle C United States Fish and Wildlife Service

SEC. 60301. Endangered Species Act Recovery Plans.

In addition to amounts otherwise available, there is appropriated to the United States Fish and Wildlife Service for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $125,000,000, to remain available until expended, for the purposes of developing and implementing recovery plans under paragraphs (1), (3), and (4) of subsection (f) of section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)).

SEC. 60302. Funding for the United States Fish and Wildlife Service to Address Weather Events.

(a)

In General.— In addition to amounts otherwise available, there is appropriated to the United States Fish and Wildlife Service for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $121,250,000, to remain available until September 30, 2026, to make direct expenditures, award grants, and enter into contracts and cooperative agreements for the purposes of rebuilding and restoring units of the National Wildlife Refuge System and State wildlife management areas by—

(1)

addressing the threat of invasive species;

(2)

increasing the resiliency and capacity of habitats and infrastructure to withstand weather events; and

(3)

reducing the amount of damage caused by weather events.

(b)

Administrative Costs.— In addition to amounts otherwise available, there is appropriated to the United States Fish and Wildlife Service for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $3,750,000, to remain available until September 30, 2026, for necessary administrative expenses associated with carrying out this section.

Subtitle D Council on Environmental Quality

SEC. 60401. Environmental and Climate Data Collection.

(1)

to support data collection efforts relating to—

(A)

disproportionate negative environmental harms and climate impacts; and

(B)

cumulative impacts of pollution and temperature rise;

(2)

to establish, expand, and maintain efforts to track disproportionate burdens and cumulative impacts and provide academic and workforce support for analytics and informatics infrastructure and data collection systems; and

(3)

to support efforts to ensure that any mapping or screening tool is accessible to community-based organizations and community members.

SEC. 60402. Council on Environmental Quality Efficient and Effective Environmental Reviews.

In addition to amounts otherwise available, there is appropriated to the Chair of the Council on Environmental Quality for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $30,000,000, to remain available until September 30, 2026, to carry out the Council on Environmental Quality’s functions and for the purposes of training personnel, developing programmatic environmental documents, and developing tools, guidance, and techniques to improve stakeholder and community engagement.

Subtitle E Transportation and Infrastructure

SEC. 60501. Neighborhood Access and Equity Grant Program.

(a)

In General.— Chapter 1 of title 23, United States Code, is amended by adding at the end the following:

“§ 177. Neighborhood access and equity grant program

“(a) In General.—In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $1,893,000,000, to remain available until September 30, 2026, to the Administrator of the Federal Highway Administration for competitive grants to eligible entities described in subsection (b)—

“(1) to improve walkability, safety, and affordable transportation access through projects that are context-sensitive—

“(A) to remove, remediate, or reuse a facility described in subsection (c)(1);

“(B) to replace a facility described in subsection (c)(1) with a facility that is at-grade or lower speed;

“(C) to retrofit or cap a facility described in subsection (c)(1);

“(D) to build or improve complete streets, multiuse trails, regional greenways, or active transportation networks and spines; or

“(E) to provide affordable access to essential destinations, public spaces, or transportation links and hubs;

“(2) to mitigate or remediate negative impacts on the human or natural environment resulting from a facility described in subsection (c)(2) in a disadvantaged or underserved community through—

“(A) noise barriers to reduce impacts resulting from a facility described in subsection (c)(2);

“(B) technologies, infrastructure, and activities to reduce surface transportation-related greenhouse gas emissions and other air pollution;

“(C) natural infrastructure, pervious, permeable, or porous pavement, or protective features to reduce or manage stormwater run-off resulting from a facility described in subsection (c)(2);

“(D) infrastructure and natural features to reduce or mitigate urban heat island hot spots in the transportation right-of-way or on surface transportation facilities; or

“(E) safety improvements for vulnerable road users; and

“(3) for planning and capacity building activities in disadvantaged or underserved communities to—

“(A) identify, monitor, or assess local and ambient air quality, emissions of transportation greenhouse gases, hot spot areas of extreme heat or elevated air pollution, gaps in tree canopy coverage, or flood prone transportation infrastructure;

“(B) assess transportation equity or pollution impacts and develop local anti-displacement policies and community benefit agreements;

“(C) conduct predevelopment activities for projects eligible under this subsection;

“(D) expand public participation in transportation planning by individuals and organizations in disadvantaged or underserved communities; or

“(E) administer or obtain technical assistance related to activities described in this subsection.

“(b) Eligible Entities Described.—An eligible entity referred to in subsection (a) is—

“(1) a State;

“(2) a unit of local government;

“(3) a political subdivision of a State;

“(4) an entity described in section 207(m)(1)(E);

“(5) a territory of the United States;

“(6) a special purpose district or public authority with a transportation function;

“(7) a metropolitan planning organization (as defined in section 134(b)(2)); or

“(8) with respect to a grant described in subsection (a)(3), in addition to an eligible entity described in paragraphs (1) through (7), a nonprofit organization or institution of higher education that has entered into a partnership with an eligible entity described in paragraphs (1) through (7).

“(c) Facility Described.—A facility referred to in subsection (a) is—

“(1) a surface transportation facility for which high speeds, grade separation, or other design factors create an obstacle to connectivity within a community; or

“(2) a surface transportation facility which is a source of air pollution, noise, stormwater, or other burden to a disadvantaged or underserved community.

“(d) Investment in Economically Disadvantaged Communities.—

“(1) In general.—In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $1,262,000,000, to remain available until September 30, 2026, to the Administrator of the Federal Highway Administration to provide grants for projects in communities described in paragraph (2) for the same purposes and administered in the same manner as described in subsection (a).

“(2) Communities described.—A community referred to in paragraph (1) is a community that—

“(A) is economically disadvantaged, underserved, or located in an area of persistent poverty;

“(B) has entered or will enter into a community benefits agreement with representatives of the community;

“(C) has an anti-displacement policy, a community land trust, or a community advisory board in effect; or

“(D) has demonstrated a plan for employing local residents in the area impacted by the activity or project proposed under this section.

“(e) Administration.—

“(1) In general.—A project carried out under subsection (a) or (d) shall be treated as a project on a Federal-aid highway.

“(2) Compliance with existing requirements.—Funds made available for a grant under this section and administered by or through a State department of transportation shall be expended in compliance with the U.S. Department of Transportation’s Disadvantaged Business Enterprise Program.

“(f) Cost Share.—The Federal share of the cost of an activity carried out using a grant awarded under this section shall be not more than 80 percent, except that the Federal share of the cost of a project in a disadvantaged or underserved community may be up to 100 percent.

“(g) Technical Assistance.—In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available until September 30, 2026, to the Administrator of the Federal Highway Administration for—

“(1) guidance, technical assistance, templates, training, or tools to facilitate efficient and effective contracting, design, and project delivery by units of local government;

“(2) subgrants to units of local government to build capacity of such units of local government to assume responsibilities to deliver surface transportation projects; and

“(3) operations and administration of the Federal Highway Administration.

“(h) Limitations.—Amounts made available under this section shall not—

“(1) be subject to any restriction or limitation on the total amount of funds available for implementation or execution of programs authorized for Federal-aid highways; and

“(2) be used for a project for additional through travel lanes for single-occupant passenger vehicles.”

(b)

Clerical Amendment.— The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following:

“177. Neighborhood access and equity grant program.”.

SEC. 60502. Assistance for Federal Buildings.

In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $250,000,000, to remain available until September 30, 2031, to be deposited in the Federal Buildings Fund established under section 592 of title 40, United States Code, for measures necessary to convert facilities of the Administrator of General Services to high-performance green buildings (as defined in section 401 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17061)).

SEC. 60503. Use of Low-Carbon Materials.

(a)

Appropriation.— In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $2,150,000,000, to remain available until September 30, 2026, to be deposited in the Federal Buildings Fund established under section 592 of title 40, United States Code, to acquire and install materials and products for use in the construction or alteration of buildings under the jurisdiction, custody, and control of the General Services Administration that have substantially lower levels of embodied greenhouse gas emissions associated with all relevant stages of production, use, and disposal as compared to estimated industry averages of similar materials or products, as determined by the Administrator of the Environmental Protection Agency.

(b)

SEC. 60504. General Services Administration Emerging Technologies.

In addition to amounts otherwise available, there is appropriated to the Administrator of General Services for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $975,000,000, to remain available until September 30, 2026, to be deposited in the Federal Buildings Fund established under section 592 of title 40, United States Code, for emerging and sustainable technologies, and related sustainability and environmental programs.

SEC. 60505. Environmental Review Implementation Funds.

(a)

In General.— Chapter 1 of title 23, United States Code, is further amended by adding at the end the following:

“§ 178. Environmental review implementation funds

“(a) Establishment.—In addition to amounts otherwise available, for fiscal year 2022, there is appropriated to the Administrator, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available until September 30, 2026, for the purpose of facilitating the development and review of documents for the environmental review process for proposed projects through—

“(1) the provision of guidance, technical assistance, templates, training, or tools to facilitate an efficient and effective environmental review process for surface transportation projects and any administrative expenses of the Federal Highway Administration to conduct activities described in this section; and

“(2) providing funds made available under this subsection to eligible entities—

“(A) to build capacity of such eligible entities to conduct environmental review processes;

“(B) to facilitate the environmental review process for proposed projects by—

“(i) defining the scope or study areas;

“(ii) identifying impacts, mitigation measures, and reasonable alternatives;

“(iii) preparing planning and environmental studies and other documents prior to and during the environmental review process, for potential use in the environmental review process in accordance with applicable statutes and regulations;

“(iv) conducting public engagement activities; and

“(v) carrying out permitting or other activities, as the Administrator determines to be appropriate, to support the timely completion of an environmental review process required for a proposed project; and

“(C) for administrative expenses of the eligible entity to conduct any of the activities described in subparagraphs (A) and (B).

“(b) Cost Share.—

“(1) In general.—The Federal share of the cost of an activity carried out under this section by an eligible entity shall be not more than 80 percent.

“(2) Source of funds.—The non-Federal share of the cost of an activity carried out under this section by an eligible entity may be satisfied using funds made available to the eligible entity under any other Federal, State, or local grant program.

“(c) Definitions.—In this section:

“(1) Administrator.—The term ‘Administrator’ means the Administrator of the Federal Highway Administration.

“(2) Eligible entity.—The term ‘eligible entity’ means—

“(A) a State;

“(B) a unit of local government;

“(C) a political subdivision of a State;

“(D) a territory of the United States;

“(E) an entity described in section 207(m)(1)(E);

“(F) a recipient of funds under section 203; or

“(G) a metropolitan planning organization (as defined in section 134(b)(2)).

“(3) Environmental review process.—The term ‘environmental review process’ has the meaning given the term in section 139(a)(5).

“(4) Proposed project.—The term ‘proposed project’ means a surface transportation project for which an environmental review process is required.”

(b)

Clerical Amendment.— The analysis for chapter 1 of title 23, United States Code, is further amended by adding at the end the following:

“178. Environmental review implementation funds.”.

SEC. 60506. Low-Carbon Transportation Materials Grants.

(a)

In General.— Chapter 1 of title 23, United States Code, is further amended by adding at the end the following:

“§ 179. Low-carbon transportation materials grants

“(a) Federal Highway Administration Appropriation.—In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $2,000,000,000, to remain available until September 30, 2026, to the Administrator to reimburse or provide incentives to eligible recipients for the use, in projects, of construction materials and products that have substantially lower levels of embodied greenhouse gas emissions associated with all relevant stages of production, use, and disposal as compared to estimated industry averages of similar materials or products, as determined by the Administrator of the Environmental Protection Agency, and for the operations and administration of the Federal Highway Administration to carry out this section.

“(b) Reimbursement of Incremental Costs; Incentives.—

“(1) In general.—The Administrator shall, subject to the availability of funds, either reimburse or provide incentives to eligible recipients that use low-embodied carbon construction materials and products on a project funded under this title.

“(2) Reimbursement and incentive amounts.—

“(A) Incremental amount.—The amount of reimbursement under paragraph (1) shall be equal to the incrementally higher cost of using such materials relative to the cost of using traditional materials, as determined by the eligible recipient and verified by the Administrator.

“(B) Incentive amount.—The amount of an incentive under paragraph (1) shall be equal to 2 percent of the cost of using low-embodied carbon construction materials and products on a project funded under this title.

“(3) Federal share.—If a reimbursement or incentive is provided under paragraph (1), the total Federal share payable for the project for which the reimbursement or incentive is provided shall be up to 100 percent.

“(4) Limitations.—

“(A) In general.—The Administrator shall only provide a reimbursement or incentive under paragraph (1) for a project on a—

“(i) Federal-aid highway;

“(ii) tribal transportation facility;

“(iii) Federal lands transportation facility; or

“(iv) Federal lands access transportation facility.

“(B) Other restrictions.—Amounts made available under this section shall not be subject to any restriction or limitation on the total amount of funds available for implementation or execution of programs authorized for Federal-aid highways.

“(C) Single occupant passenger vehicles.—Funds made available under this section shall not be used for projects that result in additional through travel lanes for single occupant passenger vehicles.

“(5) Materials identification.—The Administrator shall review the low-embodied carbon construction materials and products identified by the Administrator of the Environmental Protection Agency and shall identify low-embodied carbon construction materials and products—

“(A) appropriate for use in projects eligible under this title; and

“(B) eligible for reimbursement or incentives under this section.

“(c) Definitions.—In this section:

“(1) Administrator.—The term ‘Administrator’ means the Administrator of the Federal Highway Administration.

“(2) Eligible recipient.—The term ‘eligible recipient’ means—

“(A) a State;

“(B) a unit of local government;

“(C) a political subdivision of a State;

“(D) a territory of the United States;

“(E) an entity described in section 207(m)(1)(E);

“(F) a recipient of funds under section 203;

“(G) a metropolitan planning organization (as defined in section 134(b)(2)); or

“(H) a special purpose district or public authority with a transportation function.

“(3) Greenhouse gas.—The term ‘greenhouse gas’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.”

(b)

Clerical Amendment.— The analysis for chapter 1 of title 23, United States Code, is further amended by adding at the end the following:

“179. Low-carbon transportation materials grants.”.

Title VI — Committee on Environment and Public Works