II
Calendar No. 718
111th CONGRESS
2d Session
S. 3973
IN THE SENATE OF THE UNITED STATES
November 18, 2010
Mr. Voinovich (for himself, Mr. Carper, Mr. Inhofe, Mrs. Boxer, Ms. Collins, Mr. Alexander, Ms. Klobuchar, Mr. Lugar, Mrs. Gillibrand, Mrs. Shaheen, Mr. Tester, Mrs. Feinstein, Mr. Kerry, Mr. Baucus, Mr. Harkin, Mr. Merkley, Mr. Lieberman, Mr. Brown of Ohio, Mr. Whitehouse, Mr. Wyden, Ms. Landrieu, Mrs. Hagan, Mr. Warner, Mr. Lautenberg, Mr. Cardin, Mr. Franken, Mr. Burris, Mr. Schumer, Mr. Durbin, Mr. Reed, Ms. Murkowski, Mr. Webb, and Mr. Menendez) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
December 20, 2010
Reported by Mrs. Boxer, without amendment
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 a semicolon; and
by adding at the end the following:
a for-profit or nonprofit entity that has the capacity—
to sell diesel vehicles or equipment to, and arrange financing for, individuals or entities that own or operate diesel fleets; or
to upgrade diesel vehicles or equipment with verified or Environmental Protection Agency-certified engines or technologies; and
any private individual or entity that—
is the owner of record of a diesel vehicle or fleet; and
acts—
pursuant to a contract, license, or lease with—
a Federal department or agency; or
an entity described in subparagraph (A); and
in accordance with such timely and appropriate requirements for notice and approval as the Administrator may establish for the use of vehicles to be purchased or retrofit using a grant, rebate, or loan under this subtitle.
;
in paragraph (4),
by inserting currently or 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 includes—
the District of Columbia; and
the Commonwealth of Puerto Rico.
.
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, contracts,
rebates, or low-cost revolving loans, as determined by the Administrator, on a
competitive basis, to eligible entities described in subparagraph (A), (B), or
(D) of section 791(3), or to enter into contracts with eligible entities
described in subparagraph (C) of that 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
; and
in
subparagraph (B)(ii), by striking application under subsection
(c)
and inserting 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 competitive bids for equipment and installation.
Eligibility
Grants
To be eligible to receive a grant under this section, an eligible entity described in subparagraph (A), (B), or (D) of section 791(3) shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
Rebates
To be eligible to receive a rebate under this section, an eligible entity described in subparagraph (A), (B), or (D) of section 791(3) shall submit to the Administrator an application in accordance with such guidance as the Administrator may establish.
Low-cost loans
To be eligible to receive a loan under this section, an eligible entity described in subparagraph (A), (B), or (D) of section 791(3) shall submit an application to—
the Administrator; or
an eligible entity described in section 791(3)(C) with which the Administrator has entered into a contract for the purpose of administering loans under this subtitle.
; 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
(D), by adding and
at the end;
in subparagraph (E), by striking the semicolon at the end and inserting a period; and
by striking subparagraphs (F) and (G);
in subsection (d)—
in paragraph (1),
in the matter preceding subparagraph (A), by inserting , rebate,
after grant
; and
in paragraph (2)(A)—
by inserting
, rebate,
after grant
; and
by
striking , State or local
; and
by adding at the end the following:
Public notification
The Administrator shall publish on the website of the Environmental Protection Agency a description of each application for which a grant or loan is provided under this section by not later than 60 days after the date of award of the grant or loan.
.
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
;
subsection
(c)(2)(B), in the matter preceding clause (i), by striking
qualifies
and inserting qualify
; and
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 give priority to projects that meet the criteria described in section 792(c)(4).
Public notification
Each State shall publish on the website of the State a description of each application for which a grant, rebate, or loan is provided under this section by not later than 60 days after the date of award of the grant, rebate, or loan.
.
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.
.
December 20, 2010
Reported without amendment