S.Amdt. 1702

1. Adds SEC. ___. CONSTRUCTION EQUIPMENT AND VEHICLES wherever appropriate

   Adds a section

   Inserted: SEC. ___. CONSTRUCTION EQUIPMENT AND VEHICLES.

   Inserted: (a) In General.--Chapter 53 of title 49, United States Code, as amended by this Act, is amended by adding at the end the following:

   Inserted: "Sec. 5341. Construction equipment and vehicles

   Inserted: "(a) In General.--In accordance with the obligation process established pursuant to section 149(j)(4) of title 23, a State shall expend amounts required to be obligated for this section to install diesel emission control technology on covered equipment, with an engine that does not meet current model year new engine standards for particulate matter for the applicable engine power group issued by the Environmental Protection Agency, on a covered public transportation construction project within a PM<inf>2.5</inf> nonattainment or maintenance area.

   Inserted: "(b) Definitions.--In this section, the following definitions apply:

   Inserted: "(1) Covered equipment.--The term 'covered equipment' means any nonroad diesel equipment or on-road diesel equipment that is operated on a covered public transportation construction project for not less than 80 hours over the life of the project.

   Inserted: "(2) Covered public transportation construction project.--The term 'covered public transportation construction project'--

   Inserted: "(A) means a public transportation construction project carried out under this chapter, or any other Federal law, which is funded in whole or in part with Federal funds; and

   Inserted: "(B) does not include any project with a total budgeted cost not to exceed $5,000,000 (which, notwithstanding any other provision of this section, may be excluded from the requirement to comply with this section by an applicable State or metropolitan planning organization).

   Inserted: "(3) Diesel emission control technology.--The term 'diesel emission control technology' means a technology that--

   Inserted: "(A) is--

   Inserted: "(i) a diesel exhaust control technology;

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   Inserted: "(ii) a diesel engine upgrade;

   Inserted: "(iii) a diesel engine repower;

   Inserted: "(iv) an idle reduction control technology; or

   Inserted: "(v) any combination of the technologies listed in clauses (i) through (iv);

   Inserted: "(B) reduces particulate matter emission from covered equipment by--

   Inserted: "(i) not less than 85 percent control of any emission of particulate matter; or

   Inserted: "(ii) the maximum achievable reduction of any emission of particulate matter; and

   Inserted: "(C) is installed on and operated with the covered equipment while the equipment is operated on a covered public transportation construction project and that remains operational on the covered equipment for the useful life of the control technology or equipment.

   Inserted: "(4) Eligible entity.--The term 'eligible entity' means an entity (including a subcontractor of the entity) that has entered into a prime contract or agreement with a State to carry out a covered public transportation construction project.

   Inserted: "(5) Nonroad diesel equipment.--

   Inserted: "(A) In general.--The term 'nonroad diesel equipment' means a vehicle, including covered equipment, that is--

   Inserted: "(i) powered by a nonroad diesel engine of not less than 50 horsepower; and

   Inserted: "(ii) not intended for highway use.

   Inserted: "(B) Inclusions.--The term 'nonroad diesel equipment' includes a backhoe, bulldozer, compressor, crane, excavator, generator, and similar equipment.

   Inserted: "(C) Exclusions.--The term 'nonroad diesel equipment' does not include a locomotive or marine vessel.

   Inserted: "(6) On-road diesel equipment.--The term 'on-road diesel equipment' means any self-propelled vehicle that--

   Inserted: "(A) operates on diesel fuel;

   Inserted: "(B) is designed to transport persons or property on a street or highway; and

   Inserted: "(C) has a gross vehicle weight rating of at least 14,000 pounds.

   Inserted: "(7) Pm<inf>2.5</inf> nonattainment or maintenance area.--The term 'PM<inf>2.5</inf> nonattainment or maintenance area' means a nonattainment or maintenance area designated under section 107(d)(6) of the Clean Air Act (42 U.S.C. 7407(d)(6)).

   Inserted: "(c) Criteria Eligible Activities.--For purposes of subsection (b)(3)(A):

   Inserted: "(1) Diesel exhaust control technology.--For a diesel exhaust control technology, the technology shall be--

   Inserted: "(A) installed on a diesel engine or vehicle;

   Inserted: "(B) included in the list of verified or certified technologies for nonroad vehicles and nonroad engines (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)) published pursuant to subsection (f)(2) of section 149 of title 23, as in effect on the date on which the eligible entity enters into a prime contract or agreement with a State to carry out a covered public transportation construction project; and

   Inserted: "(C) certified by the installer as having been installed in accordance with the specifications included on the list referred to in subparagraph (B) for achieving a reduction in particulate matter.

   Inserted: "(2) Diesel engine upgrade.--For a diesel engine upgrade, the upgrade shall be performed on an engine that is--

   Inserted: "(A) rebuilt using new or remanufactured components that collectively appear as a system in the list of verified or certified technologies for nonroad vehicles and nonroad engines (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)) published pursuant to subsection (f)(2) of section 149 of title 23, as in effect on the date on which the eligible entity enters into a prime contract or agreement with a State to carry out a covered public transportation construction project; and

   Inserted: "(B) certified by the installer to have been installed in accordance with the specifications included on the list referred to in subparagraph (A) for achieving a reduction in particulate matter.

   Inserted: "(3) Diesel engine repower.--For a diesel engine repower, the repower shall be conducted using a new or remanufactured diesel engine that is--

   Inserted: "(A) installed as a replacement for an engine used in the existing equipment, subject to the condition that the replaced engine is returned to the supplier for remanufacturing to a more stringent set of engine emissions standards or for use as scrap; and

   Inserted: "(B) certified by the engine manufacturer as meeting a more stringent engine particulate matter emission standard for the applicable engine power group established by the Environmental Protection Agency, than the engine particulate matter emission standard applicable to the replaced engine.

   Inserted: "(4) Idle reduction control technology.--For an idle reduction control technology, the technology shall be--

   Inserted: "(A) installed on a diesel engine or vehicle;

   Inserted: "(B) included in the list of verified or certified technologies for nonroad vehicles and nonroad engines (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)) published pursuant to subsection (f)(2) of section 149, as in effect on the date on which the eligible entity enters into a prime contract or agreement with a State to carry out a covered public transportation construction project; and

   Inserted: "(C) certified by the installer as having been installed in accordance with the specifications included on the list referred to in subparagraph (B) for achieving a reduction in particulate matter.

   Inserted: "(d) Eligibility for Credits.--

   Inserted: "(1) In general.--A State may take credit in a State implementation plan for national ambient air quality standards for any emission reductions that result from the implementation of this section.

   Inserted: "(2) Crediting.--An emission reduction described in paragraph (1) may be credited toward demonstrating conformity of State implementation plans and transportation plans.".

   Inserted: (b) Savings Clause.--Nothing in this section modifies or otherwise affects any authority or restrictions established under the Clean Air Act (42 U.S.C. 7401 et seq.).

   Inserted: (c) Report to Congress.--

   Inserted: (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works and the Committee on Banking, Housing, and Urban Affairs of the Senate a report that describes the manners in which section 5341 of title 49, United States Code (as added by subsection (a)) has been implemented, including the quantity of covered equipment serviced under those sections and the costs associated with servicing the covered equipment.

   Inserted: (2) Information from states.--The Secretary shall require States and recipients, as a condition of receiving amounts under this Act or under the provisions of any amendments made by this Act, to submit to the Secretary any information that the Secretary determines necessary to complete the report under paragraph (1).

   Inserted: (d) Technical Amendment.--The analysis for chapter 53 of title 49, United States Code, as amended by this Act, is amended by adding at the end the following:

   Inserted: "5341. Construction equipment and vehicles.".

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   Original wording

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As printed