49 U.S.C. § 47139 — Emission credits for air quality projects

Page 1664 TITLE 49—TRANSPORTATION § 47138 technology, including explosives detection systems, for the purpose of improving aviation and aircraft physical security, access control, and passenger and baggage screening; and (2) provides testing and evaluation of airport security systems and technology in an oper- ational, testbed environment. (c) MATCHING SHARE.—Notwithstanding sec- tion 47109, the United States Government’s share of allowable project costs for a project under this section shall be 100 percent. (d) TERMS AND CONDITIONS.—The Secretary may establish such terms and conditions as the Secretary determines appropriate for carrying out a project under this section, including terms and conditions relating to the form and content of a proposal for a project, project assurances, and schedule of payments. (e) ADMINISTRATION.—The Secretary, in co- operation with the Secretary of Homeland Secu- rity, shall administer the program authorized by this section. (f) ELIGIBLE SPONSOR DEFINED.—In this sec- tion, the term ‘‘eligible sponsor’’ means a non- profit corporation composed of a consortium of public and private persons, including a sponsor of a primary airport, with the necessary engi- neering and technical expertise to successfully conduct the testing and evaluation of airport and aircraft related security systems. (g) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts made available to the Secretary under section 47115 in a fiscal year, the Secretary shall make available not less than $5,000,000 for the purpose of carrying out this section. (Added Pub. L. 106–181, title I, § 134(a), Apr. 5, 2000, 114 Stat. 83; amended Pub. L. 108–176, title I, § 157, Dec. 12, 2003, 117 Stat. 2508.) Editorial Notes AMENDMENTS 2003—Subsecs. (e) to (g). Pub. L. 108–176 added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–176 applicable only to fis- cal years beginning after Sept. 30, 2003, except as other- wise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title. EFFECTIVE DATE Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title. § 47138. Pilot program for purchase of airport de- velopment rights (a) IN GENERAL.—The Secretary of Transpor- tation shall establish a pilot program to support the purchase, by a State or political subdivision of a State, of development rights associated with, or directly affecting the use of, privately owned public use airports located in that State. Under the program, the Secretary may make a grant to a State or political subdivision of a State from funds apportioned under section 47114 for the purchase of such rights. (b) GRANT REQUIREMENTS.— (1) IN GENERAL.—The Secretary may not make a grant under subsection (a) unless the grant is made— (A) to enable the State or political sub- division to purchase development rights in order to ensure that the airport property will continue to be available for use as a public airport; and (B) subject to a requirement that the State or political subdivision acquire an easement or other appropriate covenant requiring that the airport shall remain a public use airport in perpetuity. (2) MATCHING REQUIREMENT.—The amount of a grant under the program may not exceed 90 percent of the costs of acquiring the develop- ment rights. (c) GRANT STANDARDS.—The Secretary shall prescribe standards for grants under subsection (a), including— (1) grant application and approval proce- dures; and (2) requirements for the content of the in- strument recording the purchase of the devel- opment rights. (d) RELEASE OF PURCHASED RIGHTS AND COV- ENANT.—Any development rights purchased under the program shall remain the property of the State or political subdivision unless the Sec- retary approves the transfer or disposal of the development rights after making a determina- tion that the transfer or disposal of that right is in the public interest. (e) LIMITATION.—The Secretary may not make a grant under the pilot program for the purchase of development rights at more than 10 airports. (Added Pub. L. 108–176, title I, § 152(a), Dec. 12, 2003, 117 Stat. 2506.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically pro- vided, see section 3 of Pub. L. 108–176, set out as an Ef- fective Date of 2003 Amendment note under section 106 of this title. § 47139. Emission credits for air quality projects (a) IN GENERAL.—The Administrator of the En- vironmental Protection Agency, in consultation with the Secretary of Transportation, shall issue guidance on how to ensure that airport sponsors may receive appropriate emission re- duction credits for carrying out projects, includ- ing projects described in sections 40117(a)(3)(G), 47102(3)(K), and 47102(3)(L). Such guidance shall include, at a minimum, the following consider- ations: (1) The provision of credits is consistent with the Clean Air Act (42 U.S.C. 7402 et seq.). (2) Credits generated by the emissions reduc- tions are kept by the airport sponsor, includ- ing for an airport outside of a nonattainment area or maintenance area, and may be used for purposes of any current or future general con- formity determination under the Clean Air Act, as offsets under the Environmental Pro- Page 1665 TITLE 49—TRANSPORTATION § 47140 1 So in original. Probably should be ‘‘subsection (b)’’. tection Agency’s new source review program for projects on the airport or associated with the airport, or as part of a State implementa- tion plan. (3) Credits are calculated and provided to airports on a consistent basis nationwide. (4) Credits are provided to airport sponsors in a timely manner. (5) The establishment of a method to assure the Secretary that, for any specific airport project for which funding is being requested, the appropriate credits will be granted. (b) STATE AUTHORITY UNDER CAA.—Nothing in this section shall be construed as overriding ex- isting State law or regulation pursuant to sec- tion 116 of the Clean Air Act (42 U.S.C. 7416). (Added Pub. L. 108–176, title I, § 158(a), Dec. 12, 2003, 117 Stat. 2508; amended Pub. L. 112–95, title I, §§ 111(c)(2)(A)(v), 152(d), Feb. 14, 2012, 126 Stat. 18, 34; Pub. L. 115–254, div. B, title I, § 166(b)(2), Oct. 5, 2018, 132 Stat. 3226; Pub. L. 118–63, title VII, § 782, May 16, 2024, 138 Stat. 1302.) Editorial Notes REFERENCES IN TEXT The Clean Air Act, referred to in subsec. (a)(1), (2), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–63, § 782(1)(A), sub- stituted ‘‘airport sponsors may receive’’ for ‘‘airport sponsors receive’’, ‘‘carrying out projects, including projects’’ for ‘‘carrying out projects’’, and ‘‘consider- ations’’ for ‘‘conditions’’ in introductory provisions. Subsec. (a)(2). Pub. L. 118–63, § 782(1)(B), substituted ‘‘airport sponsor, including for an airport outside of a nonattainment area or maintenance area,’’ for ‘‘airport sponsor’’, ‘‘, as offsets’’ for ‘‘or as offsets’’, and ‘‘, or as part of a State implementation plan.’’ for period at end and struck out ‘‘only’’ after ‘‘may’’. Subsecs. (b), (c). Pub. L. 118–63, § 782(2), (3), redesig- nated subsec. (c) as (b) and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as fol- lows: ‘‘As a condition for making a grant for a project described in section 47102(3)(K), 47102(3)(L), or 47140 or as a condition for granting approval to collect or use a passenger facility charge for a project described in sec- tion 40117(a)(3)(G), 47102(3)(K), 47102(3)(L), or 47140, the Secretary must receive assurance from the State in which the project is located, or from the Administrator of the Environmental Protection Agency where there is a Federal implementation plan, that the airport spon- sor will receive appropriate emission credits in accord- ance with the conditions of this section.’’ 2018—Subsecs. (c), (d). Pub. L. 115–254 redesignated subsec. (d) as (c) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: ‘‘The Administrator of the Environmental Protection Agency, in consultation with the Secretary, shall de- termine how to provide appropriate emissions credits to airport projects previously approved under section 47136 consistent with the guidance and conditions speci- fied in subsection (a).’’ 2012—Subsec. (a). Pub. L. 112–95, § 152(d)(1), struck out ‘‘47102(3)(F),’’ after ‘‘40117(a)(3)(G),’’ in introductory provisions. Subsec. (b). Pub. L. 112–95, § 152(d)(2), struck out ‘‘47102(3)(F),’’ after ‘‘grant for a project described in section’’ and ‘‘47103(3)(F),’’ after ‘‘40117(a)(3)(G),’’. Pub. L. 112–95, § 111(c)(2)(A)(v), substituted ‘‘charge’’ for ‘‘fee’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically pro- vided, see section 3 of Pub. L. 108–176, set out as an Ef- fective Date of 2003 Amendment note under section 106 of this title. § 47140. Meeting current and future energy power demand (a) IN GENERAL.—The Secretary of Transpor- tation shall establish a program under which the Secretary shall— (1) encourage the sponsor of each public-use airport to— (A) conduct airport planning that assesses the airport’s— (i) current and future energy power re- quirements, including— (I) heating and cooling; (II) on-road airport vehicles and ground support equipment; (III) gate electrification; (IV) electric aircraft charging; and (V) vehicles and equipment used to transport passengers and employees be- tween the airport and— (aa) nearby facilities owned or con- trolled by the airport or which other- wise directly support the functions or services provided by the airport; or (bb) an intermodal surface transpor- tation facility adjacent to the airport; and (ii) existing energy infrastructure condi- tion, location, and capacity, including base load and backup power, to meet the current and future electrical power de- mand as identified in this subparagraph; and (B) conduct airport development to im- prove energy efficiency, increase peak load savings at the airport, and meet future elec- trical power demands as identified in sub- paragraph (A); and (2) reimburse the airport sponsor for the costs incurred in conducting the assessment under paragraph (1)(A). (b) GRANTS.—The Secretary shall make grants to airport sponsors from amounts made avail- able under section 48103 to assist such sponsors that have completed the assessment described in subsection (a)(1)— (1) to acquire or construct equipment that will improve energy efficiency at the airport; and (2) to pursue an airport development project described in subsection (a)(1)(B). (c) APPLICATION.—To be eligible for a grant under paragraph (1),1 the sponsor of a public-use airport shall submit an application, including a certification that no safety projects are being deferred by requesting a grant under this sec- tion, to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (Added Pub. L. 112–95, title V, § 512(a), Feb. 14, 2012, 126 Stat. 109, § 47140a; renumbered § 47140