Page 249

136 STAT. 2065 PUBLIC LAW 117–169—AUG. 16, 2022 ‘‘(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 part- nership with an entity described in any of subpara- graphs (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 pollut- ant); and ‘‘(iii) hazardous air pollutants; ‘‘(B) includes a strategy to collaborate with, commu- nicate with, and address potential effects on low-income and disadvantaged near-port communities and other stake- holders that may be affected by implementation of the plan; and ‘‘(C) describes how an eligible recipient has imple- mented or will implement measures to increase the resil- ience 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: VerDate Sep 11 2014 15:35 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00249 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw