S.Amdt. 5205Senate117th Congress (2021-2023)2nd degree
S.Amdt. 5205
Sponsored by
Sen. James Lankford (R-OK)
Submitted August 6, 2022
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Senate amendment submitted
August 6, 2022
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SA 5205. Mr. LANKFORD submitted an amendment intended to be proposed to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to provide for reconciliation pursuant to title II of S. Con. Res. 14; which was ordered to lie on the table; as follows: Strike section 50261 and all that follows through section 60201 and insert the following: SEC. 50261. LEASE SALES UNDER THE 2017-2022 OUTER CONTINENTAL SHELF LEASING PROGRAM. (a) Definitions.--In this section: (1) 2022 lease sales.--The term ``2022 Lease Sales'' means each of the following lease sales described in the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program published on November 18, 2016, and approved by the Secretary in the Record of Decision issued on January 17, 2017, described in the notice of availability entitled ``Record of Decision for the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Program Final Programmatic Environmental Impact Statement; MMAA104000'' (82 Fed. Reg. 6643 (January 19, 2017)): (A) Lease Sale 258. (B) Lease Sale 259. (2) Lease sale 257.--The term ``Lease Sale 257'' means the lease sale numbered 257 that was approved in the Record of Decision described in the notice of availability of a record of decision issued on August 31, 2021, entitled ``Gulf of Mexico, Outer Continental Shelf (OCS), Oil and Gas Lease Sale 257'' (86 Fed. Reg. 50160 (September 7, 2021)), and is the subject of the final notice of sale entitled ``Gulf of Mexico Outer Continental Shelf Oil and Gas Lease Sale 257'' (86 Fed. Reg. 54728 (October 4, 2021)). (3) Lease sale 261.--The term ``Lease Sale 261'' means the lease sale numbered 261 described in the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program published on November 18, 2016, and approved by the Secretary in the Record of Decision issued on January 17, 2017, described in the notice of availability entitled ``Record of Decision for the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Program Final Programmatic Environmental Impact Statement; MMAA104000'' (82 Fed. Reg. 6643 (January 19, 2017)). (b) Lease Sale 257 Reinstatement.-- (1) Acceptance of bids.--Not later 30 days after the date of enactment of this Act, the Secretary shall, without modification or delay-- (A) accept the highest valid bid for each tract or bidding unit of Lease Sale 257 for which a valid bid was received on November 17, 2021; and (B) provide the appropriate lease form to the winning bidder to execute and return. (2) Lease issuance.--On receipt of an executed lease form under paragraph (1)(B) and payment of the rental for the first year, the balance of the bonus bid (unless deferred), and any required bond or security from the high bidder, the Secretary shall promptly issue to the high bidder a fully executed lease, in accordance with-- (A) the regulations in effect on the date of Lease Sale 257; and (B) the terms and conditions of the final notice of sale entitled ``Gulf of Mexico Outer Continental Shelf Oil and Gas Lease Sale 257'' (86 Fed. Reg. 54728 (October 4, 2021)). (c) Requirement for 2022 Lease Sales.--Notwithstanding the expiration of the 2017-2022 leasing program, not later than December 31, 2022, the Secretary shall conduct the 2022 Lease Sales in accordance with the Record of Decision approved by the Secretary on January 17, 2017, described in the notice of availability entitled ``Record of Decision for the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Program Final Programmatic Environmental Impact Statement; MMAA104000'' issued on January 17, 2017 (82 Fed. Reg. 6643 (January 19, 2017)). (d) Requirement for Lease Sale 261.--Notwithstanding the expiration of the 2017-2022 leasing program, not later than September 30, 2023, the Secretary shall conduct Lease Sale 261 in accordance with the Record of Decision approved by the Secretary on January 17, 2017, described in the notice of availability entitled ``Record of Decision for the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Program Final Programmatic Environmental Impact Statement; MMAA104000'' issued on January 17, 2017 (82 Fed. Reg. 6643 (January 19, 2017)). SEC. 50262. ENSURING ENERGY SECURITY. (a) Definitions.--In this section: (1) Federal land.--The term ``Federal land'' means public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)). (2) Offshore lease sale.--The term ``offshore lease sale'' means an oil and gas lease sale-- (A) that is held by the Secretary in accordance with the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); and (B) that, if any acceptable bids have been received for any tract offered in the lease sale, results in the issuance of a lease. (3) Onshore lease sale.--The term ``onshore lease sale'' means a quarterly oil and gas lease sale-- (A) that is held by the Secretary in accordance with section 17 of the Mineral Leasing Act (30 U.S.C. 226); and (B) that, if any acceptable bids have been received for any parcel offered in the lease sale, results in the issuance of a lease. (b) Limitation on Issuance of Certain Leases or Rights-of- way.--During the 10-year period beginning on the date of enactment of this Act-- (1) the Secretary may not issue a right-of-way for wind or solar energy development on Federal land unless-- (A) an onshore lease sale has been held during the 120-day period ending on the date of the issuance of the right-of-way for wind or solar energy development; and (B) the sum total of acres offered for lease in onshore lease sales during the 1-year period ending on the date of the issuance of the right-of-way for wind or solar energy development is not less than the lesser of-- (i) 2,000,000 acres; and (ii) 50 percent of the acreage for which expressions of interest have been submitted for lease sales during that period; and (2) the Secretary may not issue a lease for offshore wind development under section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)) unless-- (A) an offshore lease sale has been held during the 1-year period ending on the date of the issuance of the lease for offshore wind development; and (B) the sum total of acres offered for lease in offshore lease sales during the 1-year period ending on the date of the issuance of the lease for offshore wind development is not less than 60,000,000 acres. (c) Savings.--Except as expressly provided in paragraphs (1) and (2) of subsection (b), nothing in this section supersedes, amends, or modifies existing law. PART 7--UNITED STATES GEOLOGICAL SURVEY SEC. 50271. UNITED STATES GEOLOGICAL SURVEY 3D ELEVATION PROGRAM. In addition to amounts otherwise available, there is appropriated to the Secretary, acting through the Director of the United States Geological Survey, for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $23,500,000, to remain available through September 30, 2031, to produce, collect, disseminate, and use 3D elevation data. PART 8--OTHER NATURAL RESOURCES MATTERS SEC. 50281. DEPARTMENT OF THE INTERIOR OVERSIGHT. In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $10,000,000, to remain available through September 30, 2031, for oversight by the Department of the Interior Office of Inspector General of the Department of the Interior activities for which funding is appropriated in this subtitle. Subtitle C--Environmental Reviews SEC. 50301. DEPARTMENT OF ENERGY. In addition to amounts otherwise available, there is appropriated to the Secretary of Energy for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $125,000,000, to remain available through September 30, 2031, to provide for the hiring and training of personnel, the development of programmatic environmental documents, the procurement of technical or scientific services for environmental reviews, the development of environmental data or information systems, stakeholder and community engagement, and the purchase of new equipment for environmental analysis to facilitate timely and efficient environmental reviews and authorizations. SEC. 50302. FEDERAL ENERGY REGULATORY COMMISSION. (a) In General.--In addition to amounts otherwise available, there is appropriated to the Federal Energy Regulatory Commission for fiscal year 2022, out of any money in the [[Page S4227]] Treasury not otherwise appropriated, $100,000,000, to remain available through September 30, 2031, to provide for the hiring and training of personnel, the development of programmatic environmental documents, the procurement of technical or scientific services for environmental reviews, the development of environmental data or information systems, stakeholder and community engagement, and the purchase of new equipment for environmental analysis to facilitate timely and efficient environmental reviews and authorizations. (b) Fees and Charges.--Section 3401(a) of the Omnibus Budget Reconciliation Act of 1986 (42 U.S.C. 7178(a)) shall not apply to the costs incurred by the Federal Energy Regulatory Commission in carrying out this section. SEC. 50303. DEPARTMENT OF THE INTERIOR. In addition to amounts otherwise available, there is appropriated to the Secretary of the Interior for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $150,000,000, to remain available through September 30, 2026, to provide for the hiring and training of personnel, the development of programmatic environmental documents, the procurement of technical or scientific services for environmental reviews, the development of environmental data or information systems, stakeholder and community engagement, and the purchase of new equipment for environmental analysis to facilitate timely and efficient environmental reviews and authorizations by the National Park Service, the Bureau of Land Management, the Bureau of Ocean Energy Management, the Bureau of Reclamation, the Bureau of Safety and Environmental Enforcement, and the Office of Surface Mining Reclamation and Enforcement. 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) 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 (as defined in section 211(o)(1)(G) (as in effect on the date of enactment of this section)).''. 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 (including a nonprofit organization) 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' has the meaning given the term in section 211(o)(1)(G) (as in effect on the date of enactment of this section). ``(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 (including practices used to measure progress toward stated goals) 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 stakeholders that may be affected by implementation of the plan, including low- income and disadvantaged near-port communities; and ``(C) describes how an eligible recipient has implemented or will implement measures to increase the resilience of the one or more ports involved, including measures related to withstanding and recovering from extreme weather events. ``(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, [[Page S4228]] 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, including by leveraging private capital, and 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' has the meaning given the term in section 211(o)(1)(G) (as in effect on the date of enactment of this section). ``(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) Publicly available equipment.--The term `publicly available equipment' means equipment that-- ``(A) is located at a multi-unit housing structure; ``(B) is located at a workplace and is available to employees of such workplace or employees of a nearby workplace; or ``(C) is at a location that is publicly accessible for a minimum of 12 hours per day at least 5 days per week and networked or otherwise capable of being monitored remotely. ``(5) 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) Other Activities.--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, $45,000,000, to remain available until September 30, 2031, to carry out, with respect to greenhouse gases, sections 111, 115, 165, 177, 202, 211, 213, 231, and 612 of the Clean Air Act (42 U.S.C. 7411, 7415, 7475, 7507, 7521, 7545, 7547, 7571, and 7671k). (h) 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). (i) Definition of Greenhouse Gas.--In this section, the term ``greenhouse gas'' has the meaning given the term in section 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7545(o)(1)(G)) (as in effect on the date of enactment of this Act). [[Page S4229]] SEC. 60106. FUNDING TO ADDRESS AIR POLLUTION AT SCHOOLS. (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, $37,500,000, to remain available until September 30, 2031, for grants and other activities to monitor and reduce air pollution and greenhouse gas (as defined in section 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7545(o)(1)(G)) (as in effect on the date of enactment of this Act)) emissions at 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). (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. 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 and technical assistance, including through 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 State, Tribal, and local governments, including through partnerships, 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 carry out this section to ensure that reductions in greenhouse gas emissions from domestic electricity generation and use are achieved through use of the authorities of this Act, including through the establishment of requirements under this Act, incorporating the assessment under paragraph (5) as a baseline. ``(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' has the meaning given the term in section 211(o)(1)(G) (as in effect on the date of enactment of this section).''. 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) Definition of Greenhouse Gas.--In this section, the term ``greenhouse gas'' has the meaning given the term in section 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7545(o)(1)(G)) (as in effect on the date of enactment of this Act). 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. 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, for the Environmental Protection Agency to support-- (1) enhanced standardization and transparency of corporate climate action commitments and plans to reduce greenhouse gas (as defined in section 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7545(o)(1)(G)) (as in effect on the date of enactment of this Act)) 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. SEC. 60112. ENVIRONMENTAL PRODUCT DECLARATION ASSISTANCE. (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, $250,000,000, to remain available until September 30, 2031, to develop and [[Page S4230]] carry out a program to support the development, and enhanced standardization and transparency, of environmental product declarations for construction materials and products, including by-- (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) Embodied carbon.--The term ``embodied carbon'' means the quantity of greenhouse gas (as defined in section 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7545(o)(1)(G)) (as in effect on the date of enactment of this Act)) emissions associated with all relevant stages of production of a material or product, measured in kilograms of carbon dioxide-equivalent per unit of such material or product. (2) Environmental product declaration.--The term ``environmental product declaration'' means a document that reports the environmental impact of a material or product that-- (A) includes measurement of the embodied carbon of the material or product; (B) conforms with international standards, such as a Type III environmental product declaration, as defined by the International Organization for Standardization standard 14025; and (C) is developed in accordance with any standardized reporting criteria specified by the Administrator of the Environmental Protection Agency. (3) 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. CLIMATE POLLUTION REDUCTION GRANTS. 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. 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, including providing technical assistance to eligible entities, developing a plan that could be used as a model by grantees in developing a plan under subsection (b), and modeling 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-- ``(A) the degree to which greenhouse gas air pollution is projected to be reduced, including with respect to low-income and disadvantaged communities; and ``(B) the quantifiability, specificity, additionality, permanence, and verifiability of such projected greenhouse gas air pollution reduction. ``(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' has the meaning given the term in section 211(o)(1)(G) (as in effect on the date of enactment of this section).''. SEC. 60114. 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. 60115. 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 low-embodied carbon construction materials and products based on-- (1) environmental product declarations; (2) determinations of the California Department of General Services Procurement Division, in consultation with the California Air Resources Board; or (3) determinations by other State agencies, as verified by the Administrator of the Environmental Protection Agency. (b) Definitions.--In this section: (1) Embodied carbon.--The term ``embodied carbon'' means the quantity of greenhouse gas (as defined in section 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7545(o)(1)(G)) (as in effect on the date of enactment of this Act)) emissions associated with all relevant stages of production of a material or product, measured in kilograms of carbon dioxide-equivalent per unit of such material or product. (2) Environmental product declaration.--The term ``environmental product declaration'' means a document that reports the environmental impact of a material or product that-- (A) includes measurement of the embodied carbon of the material or product; (B) conforms with international standards, such as a Type III environmental product declaration as defined by the International Organization for Standardization standard 14025; and (C) is developed in accordance with any standardized reporting criteria specified by the Administrator of the Environmental Protection Agency. (3) Low-embodied carbon construction materials and products.--The term ``low-embodied carbon construction materials and products'' means construction materials and products identified by the Administrator of the Environmental Protection Agency as having substantially lower levels of embodied carbon as compared to estimated industry averages of similar materials or products. Subtitle B--Hazardous Materials SEC. 60201. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS. The Clean Air Act is amended by inserting after section 136, as added by subtitle A of this title, the following: ``SEC. 137. 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.-- [[Page S4231]] ``(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 (as defined in section 211(o)(1)(G) (as in effect on the date of enactment of this section)) 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 public processes, including facilitating such engagement in advisory groups, workshops, and rulemakings. ``(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.''. ______