I
111th CONGRESS
2d Session
H. R. 6482
IN THE HOUSE OF REPRESENTATIVES
December 2, 2010
Ms. Richardson (for herself and Ms. Matsui) introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend the Energy Policy Act of 2005 to reauthorize and modify provisions relating to the diesel emissions reduction program.
Short title
This Act may be cited as the
Diesel Emissions Reduction Act of
2010
.
Diesel emissions reduction program
Definitions
Section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131) is amended—
in paragraph (3)—
in subparagraph
(A), by striking and
at the end;
in subparagraph
(B), by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
any private individual or entity that—
is the owner of record of a diesel vehicle or fleet operated pursuant to a contract, license, or lease with a Federal department or agency or an entity described in subparagraph (A); and
meets such timely and appropriate requirements as the Administrator may establish for vehicle use and for notice to and approval by the Federal department or agency or entity described in subparagraph (A) with respect to which the owner has entered into a contract, license, or lease as described in clause (i).
;
in paragraph (4),
by inserting currently, or has not been previously,
after
that is not
;
by striking paragraph (9);
by redesignating paragraph (8) as paragraph (9);
in paragraph (9)
(as so redesignated), in the matter preceding subparagraph (A), by striking
, advanced truckstop electrification system,
; and
by inserting after paragraph (7) the following:
State
The term State means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.
.
National grant, rebate, and loan programs
Section 792 of the Energy Policy Act of 2005 (42 U.S.C. 16132) is amended—
in the section
heading, by inserting ,
rebate,
after grant
;
in subsection (a)—
in the matter
preceding paragraph (1), by striking to provide grants and low-cost
revolving loans, as determined by the Administrator, on a competitive basis, to
eligible entities
and inserting to provide grants, rebates, or
low-cost revolving loans, as determined by the Administrator, on a competitive
basis, to eligible entities, including through contracts entered into under
subsection (e) of this section,
; and
in paragraph (1),
by striking tons of
;
in subsection (b)—
by striking paragraph (2);
by redesignating paragraph (3) as paragraph (2); and
in paragraph (2) (as so redesignated)—
in
subparagraph (A), in the matter preceding clause (i), by striking
90
and inserting 95
;
in
subparagraph (B)(i), by striking 10 percent
and inserting
5 percent
; and
in subparagraph
(B)(ii), by striking the application under subsection (c)
and
inserting a verification application
;
in subsection (c)—
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
by striking paragraph (1) and inserting the following:
Expedited process
In general
The Administrator shall develop a simplified application process for all applicants under this section to expedite the provision of funds.
Requirements
In developing the expedited process under subparagraph (A), the Administrator—
shall take into consideration the special circumstances affecting small fleet owners; and
to avoid duplicative procedures, may require applicants to include in an application under this section the results of a competitive bidding process for equipment and installation.
Eligibility
Grants
To be eligible to receive a grant under this section, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
Rebates and low-cost loans
To be eligible to receive a rebate or a low-cost loan under this section, an eligible entity shall submit an application in accordance with such guidance as the Administrator may establish—
to the Administrator; or
to an entity that has entered into a contract under subsection (e).
;
in paragraph (3)(G) (as redesignated by
subparagraph (A)), by inserting in the case of an application relating
to nonroad engines or vehicles,
before a description of the
diesel
; and
in paragraph (4) (as redesignated by subparagraph (A))—
in the matter preceding subparagraph (A)—
by inserting
, rebate,
after grant
; and
by inserting
highest
after shall give
;
in subparagraph (C)(iii)—
by striking
a diesel fleets
and inserting diesel fleets
;
and
by inserting
construction sites, schools,
after
terminals,
;
in
subparagraph (E), by adding and
at the end;
in
subparagraph (F), by striking ; and
and inserting a period;
and
by striking subparagraph (G);
in subsection (d)—
in paragraph (1),
in the matter preceding subparagraph (A), by inserting , rebate,
after grant
; and
in paragraph (2)(A)—
by striking
grant or loan provided
and inserting grant, rebate, or
loan provided, or contract entered into,
; and
by
striking Federal, State or local law
and inserting any
Federal law, except that this subparagraph shall not apply to a mandate in a
State implementation plan approved by the Administrator under the Clean Air
Act
; and
by adding at the end the following:
Contract programs
Authority
In addition to the use of contracting authority otherwise available to the Administrator, the Administrator may enter into contracts with eligible contractors described in paragraph (2) for the administration of programs for providing rebates or loans, subject to the requirements of this subtitle.
Eligible contractors
The Administrator may enter into a contract under this subsection with a for-profit or nonprofit entity that has the capacity—
to sell diesel vehicles or equipment to, or to arrange financing for, individuals or entities that own a diesel vehicle or fleet; or
to upgrade diesel vehicles or equipment with verified or Environmental Protection Agency-certified engines or technologies, or to arrange financing for such upgrades.
Public notification
Not later than 60 days after the date of the award of a grant, rebate, or loan, the Administrator shall publish on the website of the Environmental Protection Agency—
for rebates and loans provided to the owner of a diesel vehicle or fleet, the total number and dollar amount of rebates or loans provided, as well as a breakdown of the technologies funded through the rebates or loans; and
for other rebates and loans, and for grants, a description of each application for which the grant, rebate, or loan is provided.
.
State grant, rebate, and loan programs
Section 793 of the Energy Policy Act of 2005 (42 U.S.C. 16133) is amended—
in the section
heading, by inserting ,
rebate,
after grant
;
in subsection (a),
by inserting , rebate,
after grant
;
in subsection (b)(1), by inserting ,
rebate,
after grant
;
by amending subsection (c)(2) to read as follows:
Allocation
In general
Except as provided in subparagraphs (B) and (C), using not more than 20 percent of the funds made available to carry out this subtitle for a fiscal year, the Administrator shall provide to each State qualified for an allocation for the fiscal year an allocation equal to 1/53 of the funds made available for that fiscal year for distribution to States under this paragraph.
Certain territories
In general
Except as provided in clause (ii), Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands shall collectively receive an allocation equal to 1/53 of the funds made available for that fiscal year for distribution to States under this subsection, divided equally among those 4 States.
Exception
If any State described in clause (i) does not qualify for an allocation under this paragraph, the share of funds otherwise allocated for that State under clause (i) shall be reallocated pursuant to subparagraph (C).
Reallocation
If any State does not qualify for an allocation under this paragraph, the share of funds otherwise allocated for that State under this paragraph shall be reallocated to each remaining qualified State in an amount equal to the product obtained by multiplying—
the proportion that the population of the State bears to the population of all States described in paragraph (1); by
the amount otherwise allocatable to the nonqualifying State under this paragraph.
;
in subsection (d)—
in paragraph (1),
by inserting , rebate,
after grant
;
in paragraph (2),
by inserting , rebates,
after grants
;
in paragraph (3),
in the matter preceding subparagraph (A), by striking grant or loan
provided under this section may be used
and inserting grant,
rebate, or loan provided under this section shall be used
; and
by adding at the end the following:
Priority
In providing grants, rebates, and loans under this section, a State shall use the priorities in section 792(c)(4).
Public notification
Not later than 60 days after the date of the award of a grant, rebate, or loan by a State, the State shall publish on the Web site of the State—
for rebates, grants, and loans provided to the owner of a diesel vehicle or fleet, the total number and dollar amount of rebates, grants, or loans provided, as well as a breakdown of the technologies funded through the rebates, grants, or loans; and
for other rebates, grants, and loans, a description of each application for which the grant, rebate, or loan is provided.
.
Evaluation and report
Section 794(b) of the Energy Policy Act of 2005 (42 U.S.C.
16134(b)) is amended in each of paragraphs (2) through (5) by inserting
, rebate,
after grant
each place it
appears.
Authorization of appropriations
Section 797 of the Energy Policy Act of 2005 (42 U.S.C. 16137) is amended to read as follows:
Authorization of appropriations
In general
There is authorized to be appropriated to carry out this subtitle $200,000,000 for each of fiscal years 2012 through 2016, to remain available until expended.
Management and oversight
The Administrator may use not more than 1 percent of the amounts made available under subsection (a) for each fiscal year for management and oversight purposes.
.