49 U.S.C. § 47136a — Untitled legal text

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