No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10520 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10520
To amend the Energy Policy Act of 2005 to reauthorize the Clean School
Bus program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 19, 2024
Mr. Cardenas introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Energy Policy Act of 2005 to reauthorize the Clean School
Bus program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Commute for Kids Act of
2024''.
SEC. 2. CLEAN SCHOOL BUS PROGRAM REAUTHORIZATION.
(a) In General.--Section 741 of the Energy Policy Act of 2005 (42
U.S.C. 16091) is amended to read as follows:
``SEC. 741. CLEAN SCHOOL BUS PROGRAM.
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Charging infrastructure.--The term `charging
infrastructure', with respect to zero-emission school buses,
includes bidirectional charging equipment that can receive
energy from electric vehicle supply equipment and provide
energy to an external load when the bidirectional charging
equipment is paired with similarly capable electric vehicle
supply equipment.
``(3) Community of color.--The term `community of color'
means a geographically distinct area in which the population of
any of the following categories of individuals is higher than
the average population of that category for the State in which
the community is located:
``(A) Black.
``(B) African American.
``(C) Asian.
``(D) Pacific Islander.
``(E) Other non-White race.
``(F) Hispanic.
``(G) Latino.
``(H) Linguistically isolated.
``(I) Middle Eastern and North African.
``(4) Eligible contractor.--The term `eligible contractor'
means a contractor that is a for-profit, not-for-profit, or
nonprofit entity that has the capacity--
``(A) to sell, lease, license, or contract for
service zero-emission school buses, charging
infrastructure, or other equipment needed to charge or
maintain zero-emission school buses, to individuals or
entities that own, lease, license, or contract for
service a school bus or a fleet of school buses; or
``(B) to arrange financing for such a sale, lease,
license, or contract for service.
``(5) Eligible manufacturer.--The term `eligible
manufacturer' means a manufacturer of zero-emission school
buses included on the list under subsection (b)(3)(A).
``(6) Eligible recipient.--
``(A) In general.--Subject to subparagraph (B), the
term `eligible recipient' means--
``(i) 1 or more local, State, or Federal
governmental entities, including the General
Services Administration, responsible for--
``(I) providing school bus service
to 1 or more public school systems; or
``(II) the purchase, lease,
license, or contract for service of
school buses;
``(ii) an eligible contractor;
``(iii) a nonprofit school transportation
association;
``(iv) a charter school (as defined in
section 4310 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7221i))
responsible for the purchase, lease, license,
or contract for service of school buses for
that charter school; or
``(v) an Indian Tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)),
Tribal organization (as defined in that
section), or tribally controlled school (as
defined in section 5212 of the Tribally
Controlled Schools Act of 1988 (25 U.S.C.
2511)) that is responsible for--
``(I) providing school bus service
to 1 or more Bureau-funded schools (as
defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C.
2021)); or
``(II) the purchase, lease,
license, or contract for service of
school buses.
``(B) Special requirements.--In the case of
eligible recipients identified under clauses (ii) and
(iii) of subparagraph (A), the Administrator shall
establish timely and appropriate requirements for
notice and approval by the public school systems that
would be served by school buses purchased using award
funds made available under this section.
``(7) High-need local educational agency.--The term `high-
need local educational agency' means a local educational agency
that is among the local educational agencies in the applicable
State with high percentages of children counted under section
1124(c) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6333(c)), on the basis of the most recent
satisfactory data available, as determined by the Secretary of
Education (or, for a local educational agency for which no such
data is available, such other data as the Secretary of
Education determines to be satisfactory).
``(8) Local educational agency.--The term `local
educational agency' has the meaning given the term in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
``(9) School bus.--The term `school bus' has the meaning
given the term `schoolbus' in section 30125(a) of title 49,
United States Code.
``(10) U.S. jobs plan.--The term `U.S. Jobs Plan' means a
plan submitted by a manufacturer of zero-emission school buses
that seeks inclusion on the list of eligible manufacturers
maintained under subsection (b)(3)(A), which shall include--
``(A) commitments for proposed wages, benefits, and
employee training by the manufacturer and the supply
chain of the manufacturer for the manufacture of zero-
emission school buses;
``(B) a commitment by the manufacturer and the
supply chain of the manufacturer for the manufacture of
zero-emission school buses to recruit and hire--
``(i) individuals with a barrier to
employment (as defined in section 3 of the
Workforce Innovation and Opportunity Act (29
U.S.C. 3102));
``(ii) veterans;
``(iii) individuals who reside in low-
income or indigenous communities or communities
of color; and
``(iv) individuals that represent
populations that are traditionally
underrepresented in the manufacturing
workforce, such as women and racial and ethnic
minorities; and
``(C) a narrative description of how the
manufacturer and the supply chain of the manufacturer
will implement the commitment described in subparagraph
(B).
``(11) Zero-emission school bus.--The term `zero-emission
school bus' means a school bus that is certified by the
Administrator to have a drivetrain that produces, under any
possible operational mode or condition, zero exhaust emission
of--
``(A) any air pollutant that is listed pursuant to
section 108(a) of the Clean Air Act (42 U.S.C. 7408(a))
(or any precursor to such an air pollutant); and
``(B) any greenhouse gas.
``(b) Program for Purchase of Zero-Emission School Buses.--
``(1) Establishment.--The Administrator shall establish a
program--
``(A) to award grants and rebates on a competitive
basis to eligible recipients for the replacement of
existing school buses with zero-emission school buses;
``(B) to award grants and rebates on a competitive
basis to eligible recipients for the purchase of new
zero-emission school buses;
``(C) to award contracts to eligible contractors to
provide grants and rebates for the replacement of
existing school buses with zero-emission school buses;
and
``(D) to award contracts to eligible contractors to
provide grants and rebates for the purchase of new
zero-emission school buses.
``(2) Applications.--
``(A) In general.--An applicant for an award under
paragraph (1) shall submit to the Administrator an
application at such time, in such manner, and
containing such information as the Administrator may
require, including--
``(i) a written assurance that--
``(I) all laborers and mechanics
employed by contractors or
subcontractors during construction,
alteration, or repair that is financed,
in whole or in part, by an award under
paragraph (1), shall be paid wages at
rates not less than those prevailing in
a similar firm or on similar
construction in the locality, as
determined by the Secretary of Labor in
accordance with subchapter IV of
chapter 31 of title 40, United States
Code; and
``(II) the applicant agrees to the
authority of the Secretary of Labor
described in subparagraph (B);
``(ii) a certification that no public work
or service normally performed by a public
employee will be privatized or subcontracted in
carrying out a project funded by the award; and
``(iii) a description of--
``(I) coordination and advance
planning with the local electricity
provider; and
``(II) how school bus drivers,
mechanics, and local first responders
will be properly trained in the
operation of, maintenance of, repair
of, and emergency response for zero-
emission school buses.
``(B) Authority of secretary of labor.--For any
project or activity carried out by a recipient of an
award under paragraph (1), the Secretary of Labor
shall, with respect to the labor standards described in
subparagraph (A)(i)(I), have the authority and
functions set forth in Reorganization Plan Numbered 14
of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145
of title 40, United States Code.
``(C) Prioritization.--
``(i) In general.--In making awards under
paragraph (1), the Administrator shall
prioritize applicants that--
``(I) propose to replace school
buses that serve--
``(aa) a high-need local
educational agency;
``(bb) a Bureau-funded
school (as defined in section
1141 of the Education
Amendments of 1978 (25 U.S.C.
2021)); or
``(cc) a local educational
agency that receives a basic
support payment under section
7003(b)(1) of the Elementary
and Secondary Education Act of
1965 (20 U.S.C. 7703(b)(1)) for
children who reside on Indian
land;
``(II) serve rural or low-income
areas;
``(III) propose to complement the
assistance received through the award
by securing additional sources of
funding for the activities supported
through the award, such as through--
``(aa) public-private
partnerships;
``(bb) grants from other
entities; or
``(cc) issuance of school
bonds;
``(IV) serve areas identified by
the Administrator as in nonattainment
of national ambient air quality
standards promulgated under section 109
of the Clean Air Act (42 U.S.C. 7409)
for ozone or particulate matter; or
``(V) serve communities of color.
``(ii) Self-certification.--
``(I) Self-certification
authorized.--For purposes of
determining if a local educational
agency meets a prioritization criterion
described in clause (i), a local
educational agency may, in accordance
with this clause and in addition to any
local educational agencies that the
Administrator determines otherwise meet
a prioritization criterion described in
clause (i), self-certify to the
Administrator that the local
educational agency is--
``(aa) a high-need local
educational agency; or
``(bb) a local educational
agency that serves a low-income
area.
``(II) Title i grants.--A local
educational agency may self-certify
under this clause if not less than 80
percent of the schools within the large
local educational agency received a
grant under title I of the Elementary
and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) for the 2023/2024
academic year.
``(III) Certain schools.--A local
educational agency may self-certify a
group of schools within the large local
educational agency under this clause
if--
``(aa) all schools within
the group individually received
grants under title I of the
Elementary and Secondary
Education Act of 1965 (20
U.S.C. 6301 et seq.) for the
2023/2024 academic year; and
``(bb) all school buses for
which an award under paragraph
(1) is sought will primarily
serve the schools within the
group.
``(IV) Other local educational
agencies.--A local educational agency
may self-certify under this clause if--
``(aa) the local
educational agency is not
included in the most recent
school district estimates for
the Small Area Income and
Poverty Estimates of the Bureau
of the Census as having 20
percent or more of students
living in poverty; and
``(bb) the local
educational agency received a
grant under part A of title I
of the Elementary and Secondary
Education Act of 1965 (20
U.S.C. 6311 et seq.) for the
2023/2024 academic year.
``(D) Utility partnerships.--An eligible recipient
seeking an award under paragraph (1) shall include with
an application under subparagraph (A) a worksheet,
containing such information as the Administrator may
require, detailing the coordination and partnerships of
the eligible recipient with electric utilities to
prepare for infrastructure projects required to
integrate an expanded fleet of zero-emission school
buses.
``(3) Eligible manufacturers.--
``(A) In general.--The Administrator shall maintain
and make publicly available a list of manufacturers of
zero-emission school buses from whom recipients of
awards under paragraph (1) may purchase zero-emission
school buses.
``(B) Criteria.--The Administrator shall establish
a process by which manufacturers may seek inclusion on
the list established under subparagraph (A), which
shall include the submission of such information as the
Administrator may require, including--
``(i) a disclosure of whether there has
been any administrative merits determination,
arbitral award or decision, or civil judgment,
as defined in guidance issued by the Secretary
of Labor, rendered against the manufacturer in
the preceding 3 years for violations of
applicable labor, employment, civil rights, or
health and safety laws;
``(ii) specific information regarding--
``(I) the actions the manufacturer
will take to demonstrate compliance
with and, where possible, exceedance of
requirements under applicable labor,
employment, civil rights, and health
and safety laws; and
``(II) actions the manufacturer
will take to ensure that the direct
suppliers of the manufacturer
demonstrate compliance with applicable
labor, employment, civil rights, and
health and safety laws; and
``(iii) the U.S. Jobs Plan of the
manufacturer.
``(C) U.S. jobs plan.--The Administrator shall--
``(i) establish a scoring mechanism to
evaluate the quality of U.S. Jobs Plans
submitted by manufacturers seeking inclusion on
the list established under subparagraph (A);
and
``(ii) establish regular intervals during
which manufacturers may submit updated U.S.
Jobs Plans and obtain an updated score.
``(D) Enforcement.--The Administrator shall
establish an enforcement process for the enforcement of
commitments made in the U.S. Jobs Plan of an eligible
manufacturer, which shall include--
``(i) a requirement that eligible
manufacturers submit semiannual reports
demonstrating the compliance of the
manufacturer with the U.S. Jobs Plan of the
manufacturer, which shall be certified under
penalty of perjury;
``(ii) a process for removing an eligible
manufacturer from the list in the case of
substantial non-compliance with the U.S. Jobs
Plan of the manufacturer; and
``(iii) a requirement that terms and
conditions of employment and compliance reports
of the U.S. Jobs Plan will be public
information and will be made public on
USAspending.gov.
``(4) Use of funds.--
``(A) Use of school buses.--All zero-emission
school buses acquired using an award under paragraph
(1) shall--
``(i) be purchased from an eligible
manufacturer;
``(ii) be operated as part of the school
bus fleet for which the award was made for not
less than 5 years, except that, if the award is
to an eligible contractor and the contract with
the local educational agency (including charter
schools operating as local educational agencies
under State law) ends before the end of the 5-
year period, those school buses may be operated
as part of another local educational agency
eligible for the same or higher priority
consideration under paragraph (2)(C)(i),
subject to the limitations under paragraph (6);
``(iii) be maintained, operated, and
charged according to manufacturer
recommendations or State requirements; and
``(iv) not be manufactured or retrofitted
with, or otherwise have installed, a power unit
or other technology that creates air pollution
within the school bus, such as an unvented
diesel passenger heater.
``(B) Installation of equipment.--Any charging
infrastructure purchased or installed using an award
under paragraph (1) shall be installed with the
participation of electricians certified for the
installation of electric vehicle supply equipment by
the Electric Vehicle Infrastructure Training Program.
``(5) Awards.--
``(A) In general.--In making awards under paragraph
(1), the Administrator may make awards for up to 100
percent of the costs for replacement of existing school
buses with zero-emission school buses, the purchase of
new zero-emission school buses, charging
infrastructure, and project implementation, such as
work training.
``(B) Structuring awards.--In making an award under
subparagraph (A) or (B) of paragraph (1), the
Administrator shall decide whether to award a grant or
rebate, or a combination thereof, based primarily on
how best to facilitate replacing existing school buses
with zero-emission school buses or purchasing new zero-
emission school buses.
``(C) Scoring.--In making awards under paragraph
(1), the Administrator may--
``(i) base the amount of an award, in part,
on the score determined using the scoring
mechanism established pursuant to paragraph
(3)(C); and
``(ii) as a result of the basis described
in clause (i), make a larger award for zero-
emission school buses purchased from higher-
scoring manufacturers.
``(6) Deployment and distribution.--
``(A) In general.--The Administrator shall--
``(i) to the maximum extent practicable,
achieve nationwide deployment of zero-emission
school buses through the program under this
section; and
``(ii) ensure a broad geographic
distribution of awards.
``(B) Limitation.--The Administrator shall ensure
that the amount received by all eligible recipients in
a State from grants and rebates under this section does
not exceed 10 percent of the amounts made available to
carry out this section during a fiscal year.
``(7) Annual report.--Not later than January 31 of each
year, the Administrator shall submit to Congress a report that
evaluates the implementation of this section and describes--
``(A) the total number of applications received;
``(B) the quantity and amount of grants and rebates
awarded and the location of the recipients of the
grants and rebates;
``(C) the criteria used to select the recipients;
and
``(D) any other information the Administrator
considers appropriate.
``(c) Education and Outreach.--
``(1) In general.--Not later than 120 days after the date
of enactment of the Clean Commute for Kids Act of 2024, the
Administrator shall develop an education and outreach program
to promote and explain the award program under this section.
``(2) Coordination with stakeholders.--The education and
outreach program under paragraph (1) shall be designed and
conducted in conjunction with interested national school bus
transportation associations, labor unions, electric utilities,
manufacturers of zero-emission school buses, manufacturers of
components of zero-emission school buses, clean transportation
nonprofit organizations, and other stakeholders.
``(3) Components.--The education and outreach program under
paragraph (1) shall--
``(A) inform potential award recipients on the
process of applying for awards and fulfilling the
requirements of awards;
``(B) describe the benefits of using the
technologies for which awards under subsection (b)(1)
are available;
``(C) explain the benefits and costs incurred by
participating in the award program;
``(D) make available information regarding best
practices, lessons learned, and technical and other
information regarding--
``(i) zero-emission school bus acquisition
and deployment;
``(ii) the build-out of associated
infrastructure and advance planning with the
local electricity supplier;
``(iii) workforce development, training,
and Registered Apprenticeships that meet the
requirements under parts 29 and 30 of title 29,
Code of Federal Regulations (as in effect on
December 1, 2023);
``(iv) the benefits of aggregate purchasing
using grant awards from the award program under
this section; and
``(v) any other information that is
necessary, as determined by the Administrator;
``(E) include, as appropriate, information from the
annual report required under subsection (b)(7); and
``(F) in consultation with the Secretary, make
information available about how zero-emission school
buses can be part of building community resilience to
the effects of climate change.
``(d) Administrative Costs.--The Administrator may use, for the
administrative costs of carrying out this section, not more than 3
percent of the amounts made available to carry out this section for any
fiscal year.
``(e) Regulations.--The Administrator shall have the authority to
promulgate such regulations or other guidance, forms, instructions, and
publications as may be necessary or appropriate to carry out the
programs, projects, or activities authorized under this section,
including to ensure that such programs, projects, or activities are
completed in a timely and effective manner, result in emissions
reductions, and maximize public health benefits.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator to carry out this section, to remain
available until expended--
``(1) $2,000,000,000 for each of fiscal years 2025 and
2026; and
``(2) $3,000,000,000 for each of fiscal years 2027 through
2032.''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on October 1, 2024.
SEC. 3. OTHER MATTERS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Clean school bus program.--The term ``Clean School Bus
program'' means the program for grants and rebates established
under paragraph (1) of section 741(b) of the Energy Policy Act
of 2005 (42 U.S.C. 16091(b)).
(3) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(4) School bus.--The term ``school bus'' has the meaning
given the term ``schoolbus'' in section 30125(a) of title 49,
United States Code.
(5) Vehicle-to-building/home program.--The term ``vehicle-
to-building/home program'' means a program for the installation
and operation of technology to allow for energy stored in an
electric vehicle, including a zero-emission school bus, to be
discharged to a building or home for the purposes of--
(A) providing backup power; or
(B) avoiding peak energy use demand charges.
(6) Vehicle-to-grid program.--The term ``vehicle-to-grid
program'' means a program for the installation and operation
of--
(A) technology to allow for 2-way power flow
between a zero-emission school bus and the electric
grid--
(i) to allow users, including school
districts, to sell energy back to the grid at
during times of high demand; and
(ii) to increase the resiliency of users,
including schools, in natural disasters by
providing a backup source of energy to allow
facilities to function as shelters; and
(B) communications hardware and software that
allows for external control of battery charging and
discharging that have the functions described in
clauses (i) and (ii) of subparagraph (A).
(7) Zero-emission school bus.--The term ``zero-emission
school bus'' has the meaning given the term in section 741(a)
of the Energy Policy Act of 2005 (42 U.S.C. 16091(a)).
(b) Study on Zero-Emission School Bus Prices.--Not later than 180
days after the date of enactment of this Act, the Administrator shall--
(1) carry out, and submit to Congress a report describing
the results of, a study that examines the effects of the Clean
School Bus program on zero-emission school bus prices; and
(2) in the report required under paragraph (1), provide
recommendations on how zero-emission school buses can reach
cost-parity with diesel-powered school buses.
(c) Technical Assistance Program.--
(1) In general.--The Administrator, in consultation with
the Executive Director of the Joint Office of Energy and
Transportation, shall develop and carry out a program to
provide technical assistance to--
(A) eligible recipients that meet 1 or more of the
prioritization categories described in paragraph
(2)(C)(i) of section 741(b) of the Energy Policy Act of
2005 (42 U.S.C. 16091(b)); and
(B) electric utilities that serve the recipients of
grants and rebates under the Clean School Bus program,
to ensure that those electric utilities are prepared to
work with recipients of awards under the Clean School
Bus program and are capable of supporting school bus
electrification.
(2) Types of assistance.--The program established under
paragraph (1) shall provide technical assistance to the
entities described in that paragraph, including, as
applicable--
(A) providing assistance on applying for grants or
rebates under the Clean School Bus program;
(B) providing assistance on the deployment,
operation, maintenance, training, and disposal of zero-
emission school buses and associated charging
infrastructure, including battery recycling and reuse;
(C) preparing eligible recipients for coordination
with electric utilities and relevant service providers;
(D) providing assistance in the deployment,
operationalization, and maintenance of zero-emission
school buses;
(E) providing assistance in developing zero-
emission school bus battery disposition, reuse, and
recycling plans; and
(F) establishing charging coordination and
planning, including bus route planning and the
availability of charging infrastructure technologies.
(3) Best practices.--In carrying out paragraph (1), the
Administrator, in consultation with the Executive Director of
the Joint Office of Energy and Transportation, shall develop
best practices for electric utilities and State regulatory
authorities (as defined in section 3 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2602)) to plan and
carry out programs for the equitable deployment of zero-
emission school buses, including vehicle-to-grid programs and
vehicle-to-building/home programs.
(4) Requirement.--In carrying out paragraph (1), the
Administrator, in consultation with the Executive Director of
the Joint Office of Energy and Transportation, shall ensure
transparency and data-sharing on vehicle-to-grid programs and
vehicle-to-building/home programs and the compensation of those
programs to school bus operators.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line