Pub. L. 108-176, tit. I, subtit. C, sec. 159
LOW-EMISSION AIRPORT VEHICLES AND INFRASTRUCTURE.
SEC. 159. LOW-EMISSION AIRPORT VEHICLES AND INFRASTRUCTURE.(a) Airport Ground Support Equipment Emissions Retrofit Pilot Program.—(1) In general.—Subchapter I of chapter 471 is further amended by adding at the end the following:“§ 47140. Airport ground support equipment emissions retrofit pilot program“(a) In General.—The Secretary of Transportation shall carry out a pilot program at not more than 10 commercial service airports under which the sponsors of such airports may use an amount made available under section 48103 to retrofit existing eligible airport ground support equipment that burns conventional fuels to achieve lower emissions utilizing emission control technologies certified or verified by the Environmental Protection Agency.“(b) Location in Air Quality Nonattainment or Maintenance Areas.—A commercial service airport shall be eligible for participation in the pilot program only if the airport is located in an air quality nonattainment area (as defined in section 171(2) 117 STAT. 2510 of the Clean Air Act (42 U.S.C. 7501(2))) or a maintenance area referred to in section 175A of such Act (42 U.S.C. 7505a).“(c) Selection Criteria.—In selecting from among applicants for participation in the pilot program, the Secretary shall give priority consideration to applicants that will achieve the greatest air quality benefits measured by the amount of emissions reduced per dollar of funds expended under the pilot program.“(d) Maximum Amount.—Not more than $500,000 may be expended under the pilot program at any single commercial service airport.“(e) Guidelines.—The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish guidelines regarding the types of retrofit projects eligible under the pilot program by considering remaining equipment useful life, amounts of emission reduction in relation to the cost of projects, and other factors necessary to carry out this section. The Secretary may give priority to ground support equipment owned by the airport and used for airport purposes.“(f) Eligible Equipment Defined.—In this section, the term ‘eligible equipment’ means ground service or maintenance equipment that is located at the airport, is used to support aeronautical and related activities at the airport, and will remain in operation at the airport for the life or useful life of the equipment, whichever is earlier.” .(2) Conforming amendment.—The analysis for chapter 471 is further amended by inserting after the item relating to section 47139 the following: “47140. Airport ground support equipment emissions retrofit pilot program.”. (b) Activities Added to Definition of Airport Development.—(1) In general.—Section 47102(3) is amended—(A) by striking subparagraphs (J), (K), and (L) and redesignating subparagraph (M) as subparagraph (J); and(B) by adding at the end the following: “(K) work necessary to construct or modify airport facilities to provide low-emission fuel systems, gate electrification, and other related air quality improvements at a commercial service airport if the airport is located in an air quality nonattainment or maintenance area (as defined in sections 171(2) and 175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a) and if such project will result in an airport receiving appropriate emission credits, as described in section 47139.“(L) a project for the acquisition or conversion of vehicles and ground support equipment, owned by a commercial service airport, to low-emission technology, if the airport is located in an air quality nonattainment or maintenance area (as defined in sections 171(2) and 175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a) and if such project will result in an airport receiving appropriate emission credits as described in section 47139.”.(2) Guidance.—(A) Eligible low-emission modifications and improvements.—The Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency, shall issue guidance describing eligible low-emission modifications and improvements, and stating 117 STAT. 2511 how airport sponsors will demonstrate benefits, under section 47102(3)(K) of title 49, United States Code, as added by this subsection.(B) Eligible low-emission vehicle technology.—The Secretary, in consultation with the Administrator, shall issue guidance describing eligible low-emission vehicle technology, and stating how airport sponsors will demonstrate benefits, under section 47102(3)(L) of title 49, United States Code, as added by this subsection.(c) Allowable Project Cost.—Section 47110(b) is amended—(1) by striking “and” at the end of paragraph (4);(2) by striking the period at the end of paragraph (5) and inserting “; and”; and(3) by adding at the end the following:“(6) if the cost is for a project not described in section 47102(3) for acquiring for use at a commercial service airport vehicles and ground support equipment owned by an airport that include low-emission technology, but only to the extent of the incremental cost of equipping such vehicles or equipment with low-emission technology, as determined by the Secretary.”.(d) Low-Emission Technology Equipment.—Section 47102 (as amended by section 801 of this Act) is further amended by inserting after paragraph (10) the following:“(11) ‘low-emission technology’ means technology for vehicles and equipment whose emission performance is the best achievable under emission standards established by the Environmental Protection Agency and that relies exclusively on alternative fuels that are substantially nonpetroleum based, as defined by the Department of Energy, but not excluding hybrid systems or natural gas powered vehicles.”.