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

(a) In General. The Secretary of Transportation may set up a pilot program letting sponsors of public-use airports use funds under this chapter, or under section 48103, to: buy or lease and operate eligible zero-emission vehicles and equipment, including their removable power sources; and build or modify infrastructure to deliver the fuel, power, or services those vehicles need.

(b) Eligibility. A public-use airport can join if its zero-emission vehicles or equipment are used only: on airport property; or to carry passengers and employees between the airport and nearby facilities the airport owns, controls, or that otherwise directly support its functions or services, or an intermodal surface transportation facility next to the airport.

(c) Selection Criteria. When picking applicants, the Secretary must favor those that: will cut the most air pollution per dollar of program funds spent; and provide a long-term management plan covering the vehicles' and equipment's existing and future infrastructure needs.

(d) Federal Share. The federal share of project cost is the share specified in section 47109.

(e) Technical Assistance.
(1) In general. A sponsor may use up to 10% of its yearly program funds for technical assistance and project-management support to help solicit, buy, and deploy zero-emission vehicles, equipment, and infrastructure.
(2) Providers of technical assistance. To get that help, a program participant may use a nonprofit organization the Secretary selects, or a university transportation center receiving grants under section 5505 in the airport's region.

(f) Materials Identifying Best Practices. The Secretary may create and share materials identifying best practices for this work, based on past related projects and other sources.

(g) Allowable Project Cost. The allowable cost for buying a zero-emission vehicle is the full cost of purchasing or leasing it, including the technical-assistance or project-management-support cost described in subsection (e).

(h) Flexible Procurement. A sponsor may buy the vehicle and lease its removable power source in separate transactions, including buying the vehicle while leasing the power source.

(i) Testing Required.
(1) In general. A sponsor cannot use program funds to buy a zero-emission vehicle unless that make, model, or type has been tested by a federal vehicle testing facility acceptable to the Secretary.
(2) Penalties for false statements. A certification of that testing compliance counts as a certification required under this subchapter for purposes of the false-statements criminal penalty in section 47126.

(j) Definitions. "Eligible zero-emission vehicle and equipment" means a zero-emission vehicle, related equipment, or zero-emission ground support equipment that is used only on airport property, or only to carry passengers and employees between the airport and nearby or intermodal facilities as described in subsection (b). "Removable power source" means a power source — such as a battery, fuel cell, or ultra-capacitor — that is separately installed in, and removable from, a zero-emission vehicle. "Zero-emission vehicle" means a vehicle meeting the definition in section 88.102-94 of title 40, Code of Federal Regulations, or one that produces zero exhaust emissions of any criteria pollutant, or pollutant that leads to one, under any possible operating conditions.