§ 47136. Zero-emission airport vehicles and infrastructure

• (a) The Secretary of Transportation may establish a pilot program under which the sponsors of public-use airports may use funds made available under this chapter or section 48103 for use at such airports to carry out—
  • (1) activities associated with the acquisition, by purchase or lease, and operation of eligible zero-emission vehicles and equipment, including removable power sources for such vehicles; and
  • (2) the construction or modification of infrastructure to facilitate the delivery of fuel, power or services necessary for the use of such vehicles.
• (b) A public-use airport is eligible for participation in the program if the eligible vehicles or equipment are—
  • (1) used exclusively on airport property; or
  • (2) used exclusively to transport passengers and employees between the airport and—
    • (A) nearby facilities which are owned or controlled by the airport or which otherwise directly support the functions or services provided by the airport; or
    • (B) an intermodal surface transportation facility adjacent to the airport.
• (c) In selecting from among applicants for participation in the program, the Secretary shall give priority consideration to applicants that—
  • (1) will achieve the greatest air quality benefits measured by the amount of emissions reduced per dollar of funds expended under the program; and
  • (2) provide a long-term management plan for eligible vehicles and equipment that includes the existing and future infrastructure requirements of the airport related to such vehicles and equipment.
• (d) The Federal share of the cost of a project carried out under the program shall be the Federal share specified in section 47109.
• (e)
  • (1) The sponsor of a public-use airport may use not more than 10 percent of the amounts made available to the sponsor under the program in any fiscal year for—
    • (A) technical assistance; and
    • (B) project management support to assist the airport with the solicitation, acquisition, and deployment of zero-emission vehicles, related equipment, and supporting infrastructure.
  • (2) To receive the technical assistance or project management support described in paragraph (1), participants in the program may use—
    • (A) a nonprofit organization selected by the Secretary; or
    • (B) a university transportation center receiving grants under section 5505 in the region of the airport.
• (f) The Secretary may create and make available materials identifying best practices for carrying out activities funded under the program based on previous related projects and other sources.
• (g) The allowable project cost for the acquisition of a zero-emission vehicle shall be the total cost of purchasing or leasing the vehicle, including the cost of technical assistance or project management support described in subsection (e).
• (h) A sponsor of a public-use airport may use funds made available under the program to acquire, by purchase or lease, a zero-emission vehicle and a removable power source in separate transactions, including transactions by which the airport purchases the vehicle and leases the removable power source.
• (i)
  • (1) A sponsor of a public-use airport may not use funds made available under the program to acquire a zero-emission vehicle unless that make, model, or type of vehicle has been tested by a Federal vehicle testing facility acceptable to the Secretary.
  • (2) A certification of compliance under paragraph (1) shall be considered a certification required under this subchapter for purposes of section 47126.
• (j) In this section, the following definitions apply:
  • (1) The term “eligible zero-emission vehicle and equipment” means a zero-emission vehicle, equipment related to such a vehicle, or ground support equipment that includes zero-emission technology that is—
    • (A) used exclusively on airport property; or
    • (B) used exclusively to transport passengers and employees between the airport and—
      • (i) nearby facilities which are owned or controlled by the airport or which otherwise directly support the functions or services provided by the airport; or
      • (ii) an intermodal surface transportation facility adjacent to the airport.
  • (2) The term “removable power source” means a power source that is separately installed in, and removable from, a zero-emission vehicle and may include a battery, a fuel cell, an ultra-capacitor, or other power source used in a zero-emission vehicle.
  • (3) The term “zero-emission vehicle” means—
    • (A) a zero-emission vehicle as defined in section 88.102–94 of title 40, Code of Federal Regulations; or
    • (B) a vehicle that produces zero exhaust emissions of any criteria pollutant (or precursor pollutant) under any possible operational modes and conditions.