[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5809 Enrolled Bill (ENR)]
H.R.5809
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To amend the Energy Policy Act of 2005 to reauthorize and modify
provisions relating to the diesel emissions reduction program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diesel Emissions Reduction Act of
2010''.
SEC. 2. DIESEL EMISSIONS REDUCTION PROGRAM.
(a) Definitions.--Section 791 of the Energy Policy Act of 2005 (42
U.S.C. 16131) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) any private individual or entity that--
``(i) 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
``(ii) 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).'';
(2) in paragraph (4), by inserting ``currently, or has not been
previously,'' after ``that is not'';
(3) by striking paragraph (9);
(4) by redesignating paragraph (8) as paragraph (9);
(5) in paragraph (9) (as so redesignated), in the matter
preceding subparagraph (A), by striking ``, advanced truckstop
electrification system,''; and
(6) by inserting after paragraph (7) the following:
``(8) 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.''.
(b) National Grant, Rebate, and Loan Programs.--Section 792 of the
Energy Policy Act of 2005 (42 U.S.C. 16132) is amended--
(1) in the section heading, by inserting ``, rebate,'' after
``grant'';
(2) in subsection (a)--
(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
(B) in paragraph (1), by striking ``tons of'';
(3) in subsection (b)--
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as paragraph (2); and
(C) in paragraph (2) (as so redesignated)--
(i) in subparagraph (A), in the matter preceding clause
(i), by striking ``90'' and inserting ``95'';
(ii) in subparagraph (B)(i), by striking ``10 percent''
and inserting ``5 percent''; and
(iii) in subparagraph (B)(ii), by striking ``the
application under subsection (c)'' and inserting ``a
verification application'';
(4) in subsection (c)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(B) by striking paragraph (1) and inserting the following:
``(1) Expedited process.--
``(A) In general.--The Administrator shall develop a
simplified application process for all applicants under this
section to expedite the provision of funds.
``(B) Requirements.--In developing the expedited process
under subparagraph (A), the Administrator--
``(i) shall take into consideration the special
circumstances affecting small fleet owners; and
``(ii) 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.
``(2) Eligibility.--
``(A) 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.
``(B) 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--
``(i) to the Administrator; or
``(ii) to an entity that has entered into a contract
under subsection (e).'';
(C) 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
(D) in paragraph (4) (as redesignated by subparagraph
(A))--
(i) in the matter preceding subparagraph (A)--
(I) by inserting ``, rebate,'' after ``grant''; and
(II) by inserting ``highest'' after ``shall give'';
(ii) in subparagraph (C)(iii)--
(I) by striking ``a diesel fleets'' and inserting
``diesel fleets''; and
(II) by inserting ``construction sites, schools,''
after ``terminals,'';
(iii) in subparagraph (E), by adding ``and'' at the
end;
(iv) in subparagraph (F), by striking ``; and'' and
inserting a period; and
(v) by striking subparagraph (G);
(5) in subsection (d)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by inserting ``, rebate,'' after ``grant''; and
(B) in paragraph (2)(A)--
(i) by striking ``grant or loan provided'' and
inserting ``grant, rebate, or loan provided, or contract
entered into,''; and
(ii) 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
(6) by adding at the end the following:
``(e) Contract Programs.--
``(1) 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.
``(2) Eligible contractors.--The Administrator may enter into a
contract under this subsection with a for-profit or nonprofit
entity that has the capacity--
``(A) to sell diesel vehicles or equipment to, or to
arrange financing for, individuals or entities that own a
diesel vehicle or fleet; or
``(B) to upgrade diesel vehicles or equipment with verified
or Environmental Protection Agency-certified engines or
technologies, or to arrange financing for such upgrades.
``(f) 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--
``(1) 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
``(2) for other rebates and loans, and for grants, a
description of each application for which the grant, rebate, or
loan is provided.''.
(c) State Grant, Rebate, and Loan Programs.--Section 793 of the
Energy Policy Act of 2005 (42 U.S.C. 16133) is amended--
(1) in the section heading, by inserting ``, rebate,'' after
``grant'';
(2) in subsection (a), by inserting ``, rebate,'' after
``grant'';
(3) in subsection (b)(1), by inserting ``, rebate,'' after
``grant'';
(4) by amending subsection (c)(2) to read as follows:
``(2) Allocation.--
``(A) 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.
``(B) Certain territories.--
``(i) 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.
``(ii) 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).
``(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--
``(i) the proportion that the population of the State
bears to the population of all States described in
paragraph (1); by
``(ii) the amount otherwise allocatable to the
nonqualifying State under this paragraph.'';
(5) in subsection (d)--
(A) in paragraph (1), by inserting ``, rebate,'' after
``grant'';
(B) in paragraph (2), by inserting ``, rebates,'' after
``grants'';
(C) 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
(D) by adding at the end the following:
``(4) Priority.--In providing grants, rebates, and loans under
this section, a State shall use the priorities in section
792(c)(4).
``(5) 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--
``(A) 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
``(B) for other rebates, grants, and loans, a description
of each application for which the grant, rebate, or loan is
provided.''.
(d) Evaluation and Report.--Section 794(b) of the Energy Policy Act
of 2005 (42 U.S.C. 16134(b)) is amended--
(1) in each of paragraphs (2) through (5) by inserting ``,
rebate,'' after ``grant'' each place it appears;
(2) in paragraph (5), by striking ``and'' at the end;
(3) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(7) in the last report sent to Congress before January 1,
2016, an analysis of the need to continue the program, including an
assessment of the size of the vehicle and engine fleet that could
provide benefits from being retrofit under this program and a
description of the number and types of applications that were not
granted in the preceding year.''.
(e) Authorization of Appropriations.--Section 797 of the Energy
Policy Act of 2005 (42 U.S.C. 16137) is amended to read as follows:
``SEC. 797. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out this subtitle $100,000,000 for each of fiscal years 2012 through
2016, to remain available until expended.
``(b) 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.''.
SEC. 3. AUDIT.
(a) In General.--Not later than 360 days after the date of
enactment of this Act, the Comptroller General of the United States
shall carry out an audit to identify--
(1) all Federal mobile source clean air grant, rebate, or low
cost revolving loan programs under the authority of the
Administrator of the Environmental Protection Agency, the Secretary
of Transportation, or other relevant Federal agency heads that are
designed to address diesel emissions from, or reduce diesel fuel
usage by, diesel engines and vehicles; and
(2) whether, and to what extent, duplication or overlap among,
or gaps between, these Federal mobile source clean air programs
exists.
(b) Report.--The Comptroller General of the United States shall--
(1) submit to the Committee on Environment and Public Works of
the Senate and the Committee on Energy and Commerce of the House of
Representatives a copy of the audit under subsection (a); and
(2) make a copy of the audit under subsection (a) available on
a publicly accessible Internet site.
(c) Offset.--All unobligated amounts provided to carry out the
pilot program under title I of division G of the Omnibus Appropriations
Act, 2009 (Public Law 111-8; 123 Stat. 814) under the heading
``miscellaneous items'' are rescinded.
SEC. 4. EFFECTIVE DATE.
(a) General Rule.--Except as provided in subsection (b), the
amendments made by section 2 shall take effect on October 1, 2011.
(b) Exception.--The amendments made by subsections (a)(4) and (6)
and (c)(4) of section 2 shall take effect on the date of enactment of
this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.