49 U.S.C. § 47136 — Zero-emission airport vehicles and infra-

Page 1662 TITLE 49—TRANSPORTATION § 47136 used for innovative financing techniques. Such projects shall be located at airports that each year have less than .25 percent of the total number of passenger boardings each year at all commercial service airports in the most recent calendar year for which data is available. ‘‘(b) PURPOSE.—The purpose of grants made under this section shall be to provide information on the ben- efits and difficulties of using innovative financing tech- niques for airport development projects.’’ Subsec. (c)(2)(E). Pub. L. 118–63, § 721(2), added subpar. (E). 2003—Subsec. (a). Pub. L. 108–176 inserted ‘‘, after the date of enactment of the Vision 100—Century of Avia- tion Reauthorization Act,’’ after ‘‘approve’’ in first sen- tence. 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. § 47136. Zero-emission airport vehicles and infra- structure (a) IN GENERAL.—The Secretary of Transpor- tation 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, includ- ing removable power sources for such vehicles; and (2) the construction or modification of infra- structure to facilitate the delivery of fuel, power or services necessary for the use of such vehicles. (b) ELIGIBILITY.—A public-use airport is eligi- ble for participation in the program if the eligi- ble 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) SELECTION CRITERIA.—In selecting from among applicants for participation in the pro- gram, the Secretary shall give priority consider- ation to applicants that— (1) will achieve the greatest air quality bene- fits measured by the amount of emissions re- duced 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 require- ments of the airport related to such vehicles and equipment. (d) FEDERAL SHARE.—The Federal share of the cost of a project carried out under the program shall be the Federal share specified in section 47109. (e) TECHNICAL ASSISTANCE.— (1) IN GENERAL.—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, acquisi- tion, and deployment of zero-emission vehi- cles, related equipment, and supporting in- frastructure. (2) PROVIDERS OF TECHNICAL ASSISTANCE.—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 re- ceiving grants under section 5505 in the re- gion of the airport. (f) MATERIALS IDENTIFYING BEST PRACTICES.— 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) ALLOWABLE PROJECT COST.—The allowable project cost for the acquisition of a zero-emis- sion vehicle shall be the total cost of purchasing or leasing the vehicle, including the cost of technical assistance or project management sup- port described in subsection (e). (h) FLEXIBLE PROCUREMENT.—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) TESTING REQUIRED.— (1) IN GENERAL.—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 ve- hicle has been tested by a Federal vehicle test- ing facility acceptable to the Secretary. (2) PENALTIES FOR FALSE STATEMENTS.—A certification of compliance under paragraph (1) shall be considered a certification required under this subchapter for purposes of section 47126. (j) DEFINITIONS.—In this section, the following definitions apply: (1) ELIGIBLE ZERO-EMISSION VEHICLE AND EQUIPMENT.—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 pas- sengers and employees between the airport and— (i) nearby facilities which are owned or controlled by the airport or which other- wise directly support the functions or serv- ices provided by the airport; or Page 1663 TITLE 49—TRANSPORTATION § 47137 (ii) an intermodal surface transportation facility adjacent to the airport. (2) REMOVABLE POWER SOURCE.—The term ‘‘removable power source’’ means a power source that is separately installed in, and re- movable from, a zero-emission vehicle and may include a battery, a fuel cell, an ultra-ca- pacitor, or other power source used in a zero- emission vehicle. (3) ZERO-EMISSION VEHICLE.—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 pre- cursor pollutant) under any possible oper- ational modes and conditions. (Added Pub. L. 112–95, title V, § 511(a), Feb. 14, 2012, 126 Stat. 107, § 47136a; renumbered § 47136 and amended Pub. L. 115–254, div. B, title I, §§ 166(b)(1), 192(a), Oct. 5, 2018, 132 Stat. 3226, 3239; Pub. L. 118–63, title VII, § 722, May 16, 2024, 138 Stat. 1265.) Editorial Notes PRIOR PROVISIONS A prior section 47136, added Pub. L. 106–181, title I, § 133(a), Apr. 5, 2000, 114 Stat. 81; amended Pub. L. 112–95, title V, § 511(d), Feb. 14, 2012, 126 Stat. 108, related to in- herently low-emission airport vehicle pilot program, prior to repeal by Pub. L. 115–254, div. B, title I, § 166(a), Oct. 5, 2018, 132 Stat. 3226. AMENDMENTS 2024—Subsec. (c). Pub. L. 118–63 inserted dash after ‘‘applicants that’’ and par (1) designation before ‘‘will’’, substituted ‘‘; and’’ for period at end, and added par. (2). 2018—Pub. L. 115–254, § 166(b)(1), renumbered section 47136a of this title as this section. Subsecs. (a), (b). Pub. L. 115–254, § 192(a)(1), added sub- secs. (a) and (b) and struck out former subsecs. (a) and (b) which related to the establishment of a zero-emis- sion vehicle pilot program and location in air quality nonattainment areas, respectively. Subsecs. (d) to (j). Pub. L. 115–254, § 192(a)(2), added subsecs. (d) to (j) and struck out former subsecs. (d) to (f) which related to Federal share of project costs, tech- nical assistance, and materials identifying best prac- tices, respectively. Statutory Notes and Related Subsidiaries DEPLOYMENT OF ZERO EMISSION VEHICLE TECHNOLOGY Pub. L. 115–254, div. B, title I, § 192(c), Oct. 5, 2018, 132 Stat. 3241, provided that: ‘‘(1) ESTABLISHMENT.—The Secretary of Transpor- tation may establish a zero-emission airport tech- nology program— ‘‘(A) to facilitate the deployment of commercially viable zero-emission airport vehicles, technology, and related infrastructure; and ‘‘(B) to minimize the risk of deploying such vehi- cles, technology, and infrastructure. ‘‘(2) GENERAL AUTHORITY.— ‘‘(A) ASSISTANCE TO NONPROFIT ORGANIZATIONS.—The Secretary may provide assistance under the program to not more than 3 geographically diverse, eligible or- ganizations to conduct zero-emission airport tech- nology and infrastructure projects. ‘‘(B) FORMS OF ASSISTANCE.—The Secretary may provide assistance under the program in the form of grants, contracts, and cooperative agreements. ‘‘(3) SELECTION OF PARTICIPANTS.— ‘‘(A) NATIONAL SOLICITATION.—In selecting partici- pants, the Secretary shall— ‘‘(i) conduct a national solicitation for applica- tions for assistance under the program; and ‘‘(ii) select the recipients of assistance under the program on a competitive basis. ‘‘(B) CONSIDERATIONS.—In selecting from among ap- plicants for assistance under the program, the Sec- retary shall consider— ‘‘(i) the ability of an applicant to contribute sig- nificantly to deploying zero-emission technology as the technology relates to airport operations; ‘‘(ii) the financing plan and cost-share potential of the applicant; and ‘‘(iii) other factors, as the Secretary determines appropriate. ‘‘(C) PRIORITY.—ln [sic] selecting from among appli- cants for assistance under the program, the Secretary shall give priority consideration to an applicant that has successfully managed advanced transportation technology projects, including projects related to zero-emission transportation operations. ‘‘(4) ELIGIBLE PROJECTS.—A recipient of assistance under the program shall use the assistance— ‘‘(A) to review and conduct demonstrations of zero- emission technologies and related infrastructure at airports; ‘‘(B) to evaluate the credibility of new, unproven vehicle and energy-efficient technologies in various aspects of airport operations prior to widespread in- vestment in the technologies by airports and the aviation industry; ‘‘(C) to collect data and make the recipient’s find- ings available to airports, so that airports can evalu- ate the applicability of new technologies to their fa- cilities; and ‘‘(D) to report the recipient’s findings to the Sec- retary. ‘‘(5) ADMINISTRATIVE PROVISIONS.— ‘‘(A) FEDERAL SHARE.—The Federal share of the cost of a project carried out under the program may not exceed 80 percent. ‘‘(B) TERMS AND CONDITIONS.—A grant, contract, or cooperative agreement under this section shall be subject to such terms and conditions as the Secretary determines appropriate. ‘‘(6) DEFINITIONS.—In this subsection, the following definitions apply: ‘‘(A) ELIGIBLE ORGANIZATION.—The term ‘eligible or- ganization’ means an organization that has expertise in zero-emission technology. ‘‘(B) ORGANIZATION.—The term ‘organization’ means— ‘‘(i) described [sic] in section 501(c)(3) of the Inter- nal Revenue Code of 1986 and exempt from tax under section 501(a) of the Internal Revenue Code of 1986; ‘‘(ii) a university transportation center receiving grants under section 5505 of title 49, United States Code; or ‘‘(iii) any other Federal or non-Federal entity as the Secretary considers appropriate.’’ [§ 47136a. Renumbered § 47136] § 47137. Airport security program (a) GENERAL AUTHORITY.—To improve security at public airports in the United States, the Sec- retary of Transportation shall carry out not less than one project to test and evaluate innovative aviation security systems and related tech- nology. (b) PRIORITY.—In carrying out this section, the Secretary shall give the highest priority to a re- quest from an eligible sponsor for a grant to un- dertake a project that— (1) evaluates and tests the benefits of inno- vative aviation security systems or related