SUBCHAPTER VII—VEHICLES AND FUELS
Part A—Existing Programs
§16051. Joint flexible fuel/hybrid vehicle commercialization initiative
(a) Definitions
In this section:
(1) Eligible entity
The term "eligible entity" means—
(A) a for-profit corporation;
(B) a nonprofit corporation; or
(C) an institution of higher education.
(2) Program
The term "program" means a program established under subsection (b).
(b) Establishment
The Secretary shall establish a program to improve technologies for the commercialization of—
(1) a combination hybrid/flexible fuel vehicle; or
(2) a plug-in hybrid/flexible fuel vehicle.
(c) Grants
In carrying out the program, the Secretary shall provide grants that give preference to proposals that—
(1) achieve the greatest reduction in miles per gallon of petroleum fuel consumption;
(2) achieve not less than 250 miles per gallon of petroleum fuel consumption; and
(3) have the greatest potential of commercialization to the general public within 5 years.
(d) Verification
Not later than 90 days after August 8, 2005, the Secretary shall publish in the Federal Register procedures to verify—
(1) the hybrid/flexible fuel vehicle technologies to be demonstrated; and
(2) that grants are administered in accordance with this section.
(e) Report
Not later than 260 days after August 8, 2005, and annually thereafter, the Secretary shall submit to Congress a report that—
(1) identifies the grant recipients;
(2) describes the technologies to be funded under the program;
(3) assesses the feasibility of the technologies described in paragraph (2) in meeting the goals described in subsection (c);
(4) identifies applications submitted for the program that were not funded; and
(5) makes recommendations for Federal legislation to achieve commercialization of the technology demonstrated.
(f) Authorization of appropriations
There are authorized to be appropriated to carry out this section, to remain available until expended—
(1) $3,000,000 for fiscal year 2006;
(2) $7,000,000 for fiscal year 2007;
(3) $10,000,000 for fiscal year 2008; and
(4) $20,000,000 for fiscal year 2009.
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Part B—Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses
subpart 1—hybrid vehicles
§16061. Hybrid vehicles
The Secretary shall accelerate efforts directed toward the improvement of batteries and other rechargeable energy storage systems, power electronics, hybrid systems integration, and other technologies for use in hybrid vehicles.
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§16062. Domestic manufacturing conversion grant program
(a) Program
(1) In general
The Secretary shall establish a program to encourage domestic production and sales of efficient hybrid and advanced diesel vehicles and components of those vehicles.
(2) Inclusions
The program shall include grants and loan guarantees under
(3) Priority
Priority shall be given to the refurbishment or retooling of manufacturing facilities that have recently ceased operation or will cease operation in the near future.
(b) Coordination with State and local programs
The Secretary may coordinate implementation of this section with State and local programs designed to accomplish similar goals, including the retention and retraining of skilled workers from the manufacturing facilities, including by establishing matching grant arrangements.
(c) Authorization of appropriations
There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.
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Editorial Notes
Amendments
2007—
Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by
subpart 2—advanced vehicles
§16071. Pilot program
(a) Establishment
The Secretary, in consultation with the Secretary of Transportation, shall establish a competitive grant pilot program (referred to in this subpart as the "pilot program"), to be administered through the Clean Cities Program of the Department, to provide not more than 30 geographically dispersed project grants to State governments, local governments, or metropolitan transportation authorities to carry out a project or projects for the purposes described in subsection (b).
(b) Grant purposes
A grant under this section may be used for the following purposes:
(1) The acquisition of alternative fueled vehicles or fuel cell vehicles, including—
(A) passenger vehicles (including neighborhood electric vehicles); and
(B) motorized 2-wheel bicycles or other vehicles for use by law enforcement personnel or other State or local government or metropolitan transportation authority employees.
(2) The acquisition of alternative fueled vehicles, hybrid vehicles, or fuel cell vehicles, including—
(A) buses used for public transportation or transportation to and from schools;
(B) delivery vehicles for goods or services; and
(C) ground support vehicles at public airports (including vehicles to carry baggage or push or pull airplanes toward or away from terminal gates).
(3) The acquisition of ultra-low sulfur diesel vehicles.
(4) Installation or acquisition of infrastructure necessary to directly support an alternative fueled vehicle, fuel cell vehicle, or hybrid vehicle project funded by the grant, including fueling and other support equipment.
(5) Operation and maintenance of vehicles, infrastructure, and equipment acquired as part of a project funded by the grant.
(c) Applications
(1) Requirements
(A) In general
The Secretary shall issue requirements for applying for grants under the pilot program.
(B) Minimum requirements
At a minimum, the Secretary shall require that an application for a grant—
(i) be submitted by the head of a State or local government or a metropolitan transportation authority, or any combination thereof, and a registered participant in the Clean Cities Program of the Department; and
(ii) include—
(I) a description of the project proposed in the application, including how the project meets the requirements of this subpart;
(II) an estimate of the ridership or degree of use of the project;
(III) an estimate of the air pollution emissions reduced and fossil fuel displaced as a result of the project, and a plan to collect and disseminate environmental data, related to the project to be funded under the grant, over the life of the project;
(IV) a description of how the project will be sustainable without Federal assistance after the completion of the term of the grant;
(V) a complete description of the costs of the project, including acquisition, construction, operation, and maintenance costs over the expected life of the project;
(VI) a description of which costs of the project will be supported by Federal assistance under this subpart; and
(VII) documentation to the satisfaction of the Secretary that diesel fuel containing sulfur at not more than 15 parts per million is available for carrying out the project, and a commitment by the applicant to use such fuel in carrying out the project.
(2) Partners
An applicant under paragraph (1) may carry out a project under the pilot program in partnership with public and private entities.
(d) Selection criteria
In evaluating applications under the pilot program, the Secretary shall—
(1) consider each applicant's previous experience with similar projects; and
(2) give priority consideration to applications that—
(A) are most likely to maximize protection of the environment;
(B) demonstrate the greatest commitment on the part of the applicant to ensure funding for the proposed project and the greatest likelihood that the project will be maintained or expanded after Federal assistance under this subpart is completed; and
(C) exceed the minimum requirements of subsection (c)(1)(B)(ii).
(e) Pilot project requirements
(1) Maximum amount
The Secretary shall not provide more than $15,000,000 in Federal assistance under the pilot program to any applicant.
(2) Cost sharing
The Secretary shall not provide more than 50 percent of the cost, incurred during the period of the grant, of any project under the pilot program.
(3) Maximum period of grants
The Secretary shall not fund any applicant under the pilot program for more than 5 years.
(4) Deployment and distribution
The Secretary shall seek to the maximum extent practicable to ensure a broad geographic distribution of project sites.
(5) Transfer of information and knowledge
The Secretary shall establish mechanisms to ensure that the information and knowledge gained by participants in the pilot program are transferred among the pilot program participants and to other interested parties, including other applicants that submitted applications.
(f) Schedule
(1) Publication
Not later than 90 days after August 8, 2005, the Secretary shall publish in the Federal Register, Commerce Business Daily, and elsewhere as appropriate, a request for applications to undertake projects under the pilot program. Applications shall be due not later than 180 days after the date of publication of the notice.
(2) Selection
Not later than 180 days after the date by which applications for grants are due, the Secretary shall select by competitive, peer reviewed proposal, all applications for projects to be awarded a grant under the pilot program.
(g) Definitions
For purposes of carrying out the pilot program, the Secretary shall issue regulations defining any term, as the Secretary determines to be necessary.
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§16072. Reports to Congress
(a) Initial report
Not later than 60 days after the date on which grants are awarded under this subpart, the Secretary shall submit to Congress a report containing—
(1) an identification of the grant recipients and a description of the projects to be funded;
(2) an identification of other applicants that submitted applications for the pilot program; and
(3) a description of the mechanisms used by the Secretary to ensure that the information and knowledge gained by participants in the pilot program are transferred among the pilot program participants and to other interested parties, including other applicants that submitted applications.
(b) Evaluation
Not later than 3 years after August 8, 2005, and annually thereafter until the pilot program ends, the Secretary shall submit to Congress a report containing an evaluation of the effectiveness of the pilot program, including—
(1) an assessment of the benefits to the environment derived from the projects included in the pilot program; and
(2) an estimate of the potential benefits to the environment to be derived from widespread application of alternative fueled vehicles and ultra-low sulfur diesel vehicles.
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§16073. Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this subpart $200,000,000, to remain available until expended.
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subpart 3—fuel cell buses
§16081. Fuel cell transit bus demonstration
(a) In general
The Secretary, in consultation with the Secretary of Transportation, shall establish a transit bus demonstration program to make competitive, merit-based awards for 5-year projects to demonstrate not more than 25 fuel cell transit buses (and necessary infrastructure) in 5 geographically dispersed localities.
(b) Preference
In selecting projects under this section, the Secretary shall give preference to projects that are most likely to mitigate congestion and improve air quality.
(c) Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2006 through 2010.
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Part C—Clean School Buses
§16091. Clean school bus program
(a) Definitions
In this section:
(1) Administrator
The term "Administrator" means the Administrator of the Environmental Protection Agency.
(2) Alternative fuel
The term "alternative fuel" means liquefied natural gas, compressed natural gas, hydrogen, propane, or biofuels.
(3) Clean school bus
The term "clean school bus" means a school bus that—
(A) the Administrator certifies reduces emissions and is operated entirely or in part using an alternative fuel; or
(B) is a zero-emission school bus.
(4) Eligible contractor
The term "eligible contractor" means a contractor that is a for-profit, not-for-profit, or nonprofit entity that has the capacity—
(A) to sell, lease, license, or contract for service clean school buses, zero-emission school buses, charging or fueling infrastructure, or other equipment needed to charge, fuel, or maintain clean school buses or zero-emission school buses, to individuals or entities that own, lease, license, or contract for service a school bus or a fleet of school buses; or
(B) to arrange financing for such a sale, lease, license, or contract for service.
(5) Eligible recipient
(A) In general
Subject to subparagraph (B), the term "eligible recipient" means—
(i) 1 or more local or State governmental entities responsible for—
(I) providing school bus service to 1 or more public school systems; or
(II) the purchase, lease, license, or contract for service of school buses;
(ii) an eligible contractor;
(iii) a nonprofit school transportation association;
(iv) a charter school (as defined in
(v) an Indian Tribe (as defined in
(I) providing school bus service to 1 or more Bureau-funded schools (as defined in
(II) the purchase, lease, license, or contract for service of school buses.
(B) Special requirements
In the case of eligible recipients identified under clauses (ii) and (iii) of subparagraph (A), the Administrator shall establish timely and appropriate requirements for notice and shall establish timely and appropriate requirements for approval by the public school systems that would be served by buses purchased using award funds made available under this section.
(6) High-need local educational agency
The term "high-need local educational agency" means a local educational agency (as defined in
(7) School bus
The term "school bus" has the meaning given the term "schoolbus" in
(8) Zero-emission school bus
The term "zero-emission school bus" means a school bus that is certified by the Administrator to have a drivetrain that produces, under any possible operational mode or condition, zero exhaust emission of—
(A) any air pollutant that is listed pursuant to
(B) any greenhouse gas.
(b) Program for replacement of existing school buses with clean school buses and zero-emission school buses
(1) Establishment
The Administrator shall establish a program—
(A) to award grants and rebates on a competitive basis to eligible recipients for the replacement of existing school buses with clean school buses;
(B) to award grants and rebates on a competitive basis to eligible recipients for the replacement of existing school buses with zero-emission school buses;
(C) to award contracts to eligible contractors to provide rebates for the replacement of existing school buses with clean school buses; and
(D) to award contracts to eligible contractors to provide rebates for the replacement of existing school buses with zero-emission school buses.
(2) Allocation of funds
Of the amounts made available for awards under paragraph (1) in a fiscal year, the Administrator shall award—
(A) 50 percent to replace existing school buses with zero-emission school buses; and
(B) 50 percent to replace existing school buses with clean school buses and zero-emission school buses.
(3) Considerations
In making awards under paragraph (2)(B), the Administrator shall take into account the following criteria and shall not give preference to any individual criterion:
(A) Lowest overall cost of bus replacement.
(B) Local conditions, including the length of bus routes and weather conditions.
(C) Technologies that most reduce emissions.
(D) Whether funds will bring new technologies to scale or promote cost parity between old technology and new technology.
(4) Priority of applications
In making awards under paragraph (1), the Administrator may prioritize applicants that—
(A) propose to replace school buses that serve—
(i) a high-need local educational agency;
(ii) a Bureau-funded school (as defined in
(iii) a local educational agency that receives a basic support payment under
(B) serve rural or low-income areas; or
(C) propose to complement the assistance received through the award by securing additional sources of funding for the activities supported through the award, such as through—
(i) public-private partnerships;
(ii) grants from other entities; or
(iii) issuance of school bonds.
(5) Use of school bus fleet
All clean school buses and zero-emission school buses acquired with funds provided under this section shall—
(A) be operated as part of the school bus fleet for which the award was made for not less than 5 years, except that, if the award is to an eligible contractor and the contract with the local educational agency (including charter schools operating as local educational agencies under State law) ends before the end of the 5-year period, those school buses may be operated as part of another local educational agency eligible for the same or higher priority consideration under paragraph (4), subject to the limitations under paragraph (7);
(B) be maintained, operated, and charged or fueled according to manufacturer recommendations or State requirements; and
(C) not be manufactured or retrofitted with, or otherwise have installed, a power unit or other technology that creates air pollution within the school bus, such as an unvented diesel passenger heater.
(6) Awards
(A) In general
In making awards under paragraph (1), the Administrator may make awards for up to 100 percent of the costs for replacement of existing school buses with clean school buses, zero-emission school buses, and charging or fueling infrastructure.
(B) Structuring awards
In making an award under paragraph (1)(A), the Administrator shall decide whether to award a grant or rebate, or a combination thereof, based primarily on how best to facilitate replacing existing school buses with clean school buses or zero-emission school buses, as applicable.
(7) Deployment and distribution
(A) In general
The Administrator shall—
(i) to the maximum extent practicable, achieve nationwide deployment of clean school buses and zero-emission school buses through the program under this section; and
(ii) ensure a broad geographic distribution of awards.
(B) Limitation
The Administrator shall ensure that the amount received by all eligible entities in a State from grants and rebates under this section does not exceed 10 percent of the amounts made available to carry out this section during a fiscal year.
(8) Annual report
Not later than January 31 of each year, the Administrator shall submit to Congress a report that evaluates the implementation of this section and describes—
(A) the total number of applications received;
(B) the quantity and amount of grants and rebates awarded and the location of the recipients of the grants and rebates;
(C) the criteria used to select the recipients; and
(D) any other information the Administrator considers appropriate.
(c) Education and outreach
(1) In general
Not later than 120 days after November 15, 2021, the Administrator shall develop an education and outreach program to promote and explain the award program under this section.
(2) Coordination with stakeholders
The education and outreach program under paragraph (1) shall be designed and conducted in conjunction with interested stakeholders.
(3) Components
The education and outreach program under paragraph (1) shall—
(A) inform potential award recipients on the process of applying for awards and fulfilling the requirements of awards;
(B) describe the available technologies and the benefits of using the technologies;
(C) explain the benefits and costs incurred by participating in the award program;
(D) make available information regarding best practices, lessons learned, and technical and other information regarding—
(i) clean school bus and zero-emission school bus acquisition and deployment;
(ii) the build-out of associated infrastructure and advance planning with the local electricity supplier;
(iii) workforce development, training, and Registered Apprenticeships that meet the requirements under parts 29 and 30 of title 29, Code of Federal Regulations (as in effect on December 1, 2019); and
(iv) any other information that is necessary, as determined by the Administrator; and
(E) include, as appropriate, information from the annual report required under subsection (b)(7).1
(d) Administrative costs
The Administrator may use, for the administrative costs of carrying out this section, not more than 3 percent of the amounts made available to carry out this section for any fiscal year.
(e) Regulations
The Administrator shall have the authority to issue such regulations or other guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner, result in emissions reductions, and maximize public health benefits.
(f) Authorization of appropriations
There is authorized to be appropriated to the Administrator to carry out this section, to remain available until expended, $1,000,000,000 for each of fiscal years 2022 through 2026, of which—
(1) $500,000,000 shall be made available for the adoption of clean school buses and zero-emission school buses; and
(2) $500,000,000 shall be made available for the adoption of zero-emission school buses.
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Editorial Notes
Amendments
2022—Subsec. (a)(4)(A).
Subsec. (a)(4)(B).
Subsec. (a)(5)(A)(i)(II).
Subsec. (a)(5)(A)(iii) to (v).
Subsec. (a)(5)(A)(v)(II).
Subsec. (b)(5)(A).
2021—
1 So in original. Probably should be "subsection (b)(8)."
§16091a. Clean school bus program
(a) Definitions
In this section, the following definitions apply:
(1) Administrator
The term "Administrator" means the Administrator of the Environmental Protection Agency.
(2) Alternative fuel
The term "alternative fuel" means—
(A) liquefied natural gas, compressed natural gas, liquefied petroleum gas, hydrogen, or propane;
(B) methanol or ethanol at no less than 85 percent by volume; or
(C) biodiesel conforming with standards published by the American Society for Testing and Materials as of August 10, 2005.
(3) Clean school bus
The term "clean school bus" means a school bus with a gross vehicle weight of greater than 14,000 pounds that—
(A) is powered by a heavy duty engine; and
(B) is operated solely on an alternative fuel or ultra-low sulfur diesel fuel.
(4) Eligible recipient
(A) In general
Subject to subparagraph (B), the term "eligible recipient" means—
(i) one or more local or State governmental entities responsible for providing school bus service to one or more public school systems or the purchase of school buses;
(ii) one or more contracting entities that provide school bus service to one or more public school systems; or
(iii) a nonprofit school transportation association.
(B) Special requirements
In the case of eligible recipients identified under clauses (ii) and (iii) of subparagraph (A), the Administrator shall establish timely and appropriate requirements for notice and may establish timely and appropriate requirements for approval by the public school systems that would be served by buses purchased or retrofit using grant funds made available under this section.
(5) Retrofit technology
The term "retrofit technology" means a particulate filter or other emissions control equipment that is verified or certified by the Administrator or the California Air Resources Board as an effective emission reduction technology when installed on an existing school bus.
(6) Secretary
The term "Secretary" means the Secretary of Energy.
(7) Ultra-low sulfur diesel fuel
The term "ultra-low sulfur diesel fuel" means diesel fuel that contains sulfur at not more than 15 parts per million.
(b) Program for retrofit or replacement of certain existing school buses with clean school buses
(1) Establishment
(A) In general
The Administrator, in consultation with the Secretary and other appropriate Federal departments and agencies, shall establish a program for awarding grants on a competitive basis to eligible recipients for the replacement of, retrofit (including repowering, aftertreatment, and remanufactured engines) of, or purchase of alternative fuels for, certain existing school buses. The awarding of grants for the purchase of alternative fuels should be consistent with the historic funding levels of the program for such purchase.
(B) Balancing
In awarding grants under this section, the Administrator shall achieve, to the maximum extent practicable, achieve 1 an appropriate balance between awarding grants—
(i) to replace school buses;
(ii) to install retrofit technologies; and
(iii) to purchase and use alternative fuel.
(2) Priority of grant applications
(A) Replacement
In the case of grant applications to replace school buses, the Administrator shall give priority to applicants that propose to replace school buses manufactured before model year 1977.
(B) Retrofitting
In the case of grant applications to retrofit school buses, the Administrator shall give priority to applicants that propose to retrofit school buses manufactured in or after model year 1991.
(3) Use of school bus fleet
(A) In general
All school buses acquired or retrofitted with funds provided under this section shall be operated as part of the school bus fleet for which the grant was made for not less than 5 years.
(B) Maintenance, operation, and fueling
New school buses and retrofit technology shall be maintained, operated, and fueled according to manufacturer recommendations or State requirements.
(4) Retrofit grants
The Administrator may award grants under this section for up to 100 percent of the retrofit technologies and installation costs.
(5) Replacement grants
(A) Eligibility for 50 percent grants
The Administrator may award grants under this section for replacement of school buses in the amount of up to one-half of the acquisition costs (including fueling infrastructure) for—
(i) clean school buses with engines manufactured in model year 2005 or 2006 that emit not more than—
(I) 1.8 grams per brake horsepower-hour of non-methane hydrocarbons and oxides of nitrogen; and
(II) .01 grams per brake horsepower-hour of particulate matter; or
(ii) clean school buses with engines manufactured in model year 2007, 2008, or 2009 that satisfy regulatory requirements established by the Administrator for emissions of oxides of nitrogen and particulate matter to be applicable for school buses manufactured in model year 2010.
(B) Eligibility for 25 percent grants
The Administrator may award grants under this section for replacement of school buses in the amount of up to one-fourth of the acquisition costs (including fueling infrastructure) for—
(i) clean school buses with engines manufactured in model year 2005 or 2006 that emit not more than—
(I) 2.5 grams per brake horsepower-hour of non-methane hydrocarbons and oxides of nitrogen; and
(II) .01 grams per brake horsepower-hour of particulate matter; or
(ii) clean school buses with engines manufactured in model year 2007 or thereafter that satisfy regulatory requirements established by the Administrator for emissions of oxides of nitrogen and particulate matter from school buses manufactured in that model year.
(6) Ultra-low sulfur diesel fuel
(A) 2 In general
In the case of a grant recipient receiving a grant for the acquisition of ultra-low sulfur diesel fuel school buses with engines manufactured in model year 2005 or 2006, the grant recipient shall provide, to the satisfaction of the Administrator—
(i) documentation that diesel fuel containing sulfur at not more than 15 parts per million is available for carrying out the purposes of the grant; and
(ii) a commitment by the applicant to use that fuel in carrying out the purposes of the grant.
(7) Deployment and distribution
The Administrator, to the maximum extent practicable, shall—
(A) achieve nationwide deployment of clean school buses through the program under this section; and
(B) ensure a broad geographic distribution of grant awards, with no State receiving more than 10 percent of the grant funding made available under this section during a fiscal year.
(8) Annual report
(A) 2 In general
Not later than January 31 of each year, the Administrator shall submit to Congress a report that—
(i) evaluates the implementation of this section; and
(ii) describes—
(I) the total number of grant applications received;
(II) the number and types of alternative fuel school buses, ultra-low sulfur diesel fuel school buses, and retrofitted buses requested in grant applications;
(III) grants awarded and the criteria used to select the grant recipients;
(IV) certified engine emission levels of all buses purchased or retrofitted under this section;
(V) an evaluation of the in-use emission level of buses purchased or retrofitted under this section; and
(VI) any other information the Administrator considers appropriate.
(c) Education
(1) In general
Not later than 90 days after August 10, 2005, the Administrator shall develop an education outreach program to promote and explain the grant program.
(2) Coordination with stakeholders
The outreach program shall be designed and conducted in conjunction with national school bus transportation associations and other stakeholders.
(3) Components
The outreach program shall—
(A) inform potential grant recipients on the process of applying for grants;
(B) describe the available technologies and the benefits of the technologies;
(C) explain the benefits of participating in the grant program; and
(D) include, as appropriate, information from the annual report required under subsection (b)(8).
(d) Authorization of appropriations
There are authorized to be appropriated to the Administrator to carry out this section, to remain available until expended—
(1) $55,000,000 for each of fiscal years 2006 and 2007; and
(2) such sums as are necessary for each of fiscal years 2008, 2009, and 2010.
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Editorial Notes
Codification
Section was enacted as part of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users or the SAFETEA–LU, and not as part of the Energy Policy Act of 2005 which comprises this chapter.
1 So in original. The word "achieve" probably should not appear.
2 So in original. No subpar. (B) was enacted.
§16092. Diesel truck retrofit and fleet modernization program
(a) Establishment
The Administrator, in consultation with the Secretary, shall establish a program for awarding grants on a competitive basis to public agencies and entities for fleet modernization programs including installation of retrofit technologies for diesel trucks.
(b) Eligible recipients
A grant shall be awarded under this section only to a State or local government or an agency or instrumentality of a State or local government or of two or more State or local governments who will allocate funds, with preference to ports and other major hauling operations.
(c) Awards
(1) In general
The Administrator shall seek, to the maximum extent practicable, to ensure a broad geographic distribution of grants under this section.
(2) Preferences
In making awards of grants under this section, the Administrator shall give preference to proposals that—
(A) will achieve the greatest reductions in emissions of nonmethane hydrocarbons, oxides of nitrogen, and/or particulate matter per proposal or per truck; or
(B) involve the use of Environmental Protection Agency or California Air Resources Board verified emissions control retrofit technology on diesel trucks that operate solely on ultra-low sulfur diesel fuel after September 2006.
(d) Conditions of grant
A grant shall be provided under this section on the conditions that—
(1) trucks which are replacing scrapped trucks and on which retrofit emissions-control technology are to be demonstrated—
(A) will operate on ultra-low sulfur diesel fuel where such fuel is reasonably available or required for sale by State or local law or regulation;
(B) were manufactured in model year 1998 and before; and
(C) will be used for the transportation of cargo goods especially in port areas or used in goods movement and major hauling operations;
(2) grant funds will be used for the purchase of emission control retrofit technology, including State taxes and contract fees; and
(3) grant recipients will provide at least 50 percent of the total cost of the retrofit, including the purchase of emission control retrofit technology and all necessary labor for installation of the retrofit, from any source other than this section.
(e) Verification
Not later than 90 days after August 8, 2005, the Administrator shall publish in the Federal Register procedures to—
(1) make grants pursuant to this section;
(2) verify that trucks powered by ultra-low sulfur diesel fuel on which retrofit emissions-control technology are to be demonstrated will operate on diesel fuel containing not more than 15 parts per million of sulfur after September 2006; and
(3) verify that grants are administered in accordance with this section.
(f) Authorization of appropriations
There are authorized to be appropriated to the Administrator to carry out this section, to remain available until expended the following sums:
(1) $20,000,000 for fiscal year 2006.
(2) $35,000,000 for fiscal year 2007.
(3) $45,000,000 for fiscal year 2008.
(4) Such sums as are necessary for each of fiscal years 2009 and 2010.
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§16093. Fuel cell school buses
(a) Establishment
The Secretary shall establish a program for entering into cooperative agreements—
(1) with private sector fuel cell bus developers for the development of fuel cell-powered school buses; and
(2) subsequently, with not less than 2 units of local government using natural gas-powered school buses and such private sector fuel cell bus developers to demonstrate the use of fuel cell-powered school buses.
(b) Cost sharing
The non-Federal contribution for activities funded under this section shall be not less than—
(1) 20 percent for fuel infrastructure development activities; and
(2) 50 percent for demonstration activities and for development activities not described in paragraph (1).
(c) Reports to Congress
Not later than 3 years after August 8, 2005, the Secretary shall transmit to Congress a report that—
(1) evaluates the process of converting natural gas infrastructure to accommodate fuel cell-powered school buses; and
(2) assesses the results of the development and demonstration program under this section.
(d) Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this section $25,000,000 for the period of fiscal years 2006 through 2009.
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Part D—Miscellaneous
§16101. Railroad efficiency
(a) Establishment
The Secretary shall (in cooperation with the Secretary of Transportation and the Administrator of the Environmental Protection Agency) establish a cost-shared, public-private research partnership involving the Federal Government, railroad carriers, locomotive manufacturers and equipment suppliers, and the Association of American Railroads, to develop and demonstrate railroad locomotive technologies that increase fuel economy, reduce emissions, and lower costs of operation.
(b) Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this section—
(1) $15,000,000 for fiscal year 2006;
(2) $20,000,000 for fiscal year 2007; and
(3) $30,000,000 for fiscal year 2008.
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Statutory Notes and Related Subsidiaries
Advanced Technology Locomotive Grant Pilot Program
"(a)
"(1) for assistance in purchasing hybrid or other energy-efficient locomotives, including hybrid switch and generator-set locomotives; and
"(2) to demonstrate the extent to which such locomotives increase fuel economy, reduce emissions, and lower costs of operation.
"(b)
"(c)
"(1) the level of energy efficiency that would be achieved by the proposed project;
"(2) the extent to which the proposed project would assist in commercial deployment of hybrid or other energy-efficient locomotive technologies;
"(3) the extent to which the proposed project complements other private or governmental partnership efforts to improve air quality or fuel efficiency in a particular area; and
"(4) the extent to which the applicant demonstrates innovative strategies and a financial commitment to increasing energy efficiency and reducing greenhouse gas emissions of its railroad operations.
"(d)
"(1)
"(2)
"(e)
"(f)
"(g)
§16102. Diesel fueled vehicles
(a) Definition of tier 2 emission standards
In this section, the term "tier 2 emission standards" means the motor vehicle emission standards that apply to passenger cars, light trucks, and larger passenger vehicles manufactured after the 2003 model year, as issued on February 10, 2000, by the Administrator of the Environmental Protection Agency under
(b) Diesel combustion and after-treatment technologies
The Secretary shall accelerate efforts to improve diesel combustion and after-treatment technologies for use in diesel fueled motor vehicles.
(c) Goals
The Secretary shall carry out subsection (b) with a view toward achieving the following goals:
(1) Developing and demonstrating diesel technologies that, not later than 2010, meet the following standards:
(A) Tier 2 emission standards.
(B) The heavy-duty emissions standards of 2007 that are applicable to heavy-duty vehicles under regulations issued by the Administrator of the Environmental Protection Agency as of August 8, 2005.
(2) Developing the next generation of low-emission, high efficiency diesel engine technologies, including homogeneous charge compression ignition technology.
(
§16103. Conserve by Bicycling Program
(a) Definitions
In this section:
(1) Program
The term "program" means the Conserve by Bicycling Program established by subsection (b).
(2) Secretary
The term "Secretary" means the Secretary of Transportation.
(b) Establishment
There is established within the Department of Transportation a program to be known as the "Conserve by Bicycling Program".
(c) Projects
(1) In general
In carrying out the program, the Secretary shall establish not more than 10 pilot projects that are—
(A) dispersed geographically throughout the United States; and
(B) designed to conserve energy resources by encouraging the use of bicycles in place of motor vehicles.
(2) Requirements
A pilot project described in paragraph (1) shall—
(A) use education and marketing to convert motor vehicle trips to bicycle trips;
(B) document project results and energy savings (in estimated units of energy conserved);
(C) facilitate partnerships among interested parties in at least 2 of the fields of—
(i) transportation;
(ii) law enforcement;
(iii) education;
(iv) public health;
(v) environment; and
(vi) energy;
(D) maximize bicycle facility investments;
(E) demonstrate methods that may be used in other regions of the United States; and
(F) facilitate the continuation of ongoing programs that are sustained by local resources.
(3) Cost sharing
At least 20 percent of the cost of each pilot project described in paragraph (1) shall be provided from non-Federal sources.
(d) Energy and bicycling research study
(1) In general
Not later than 2 years after August 8, 2005, the Secretary shall enter into a contract with the National Academy of Sciences for, and the National Academy of Sciences shall conduct and submit to Congress a report on, a study on the feasibility of converting motor vehicle trips to bicycle trips.
(2) Components
The study shall—
(A) document the results or progress of the pilot projects under subsection (c);
(B) determine the type and duration of motor vehicle trips that people in the United States may feasibly make by bicycle, taking into consideration factors such as—
(i) weather;
(ii) land use and traffic patterns;
(iii) the carrying capacity of bicycles; and
(iv) bicycle infrastructure;
(C) determine any energy savings that would result from the conversion of motor vehicle trips to bicycle trips;
(D) include a cost-benefit analysis of bicycle infrastructure investments; and
(E) include a description of any factors that would encourage more motor vehicle trips to be replaced with bicycle trips.
(e) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $6,200,000, to remain available until expended, of which—
(1) $5,150,000 shall be used to carry out pilot projects described in subsection (c);
(2) $300,000 shall be used by the Secretary to coordinate, publicize, and disseminate the results of the program; and
(3) $750,000 shall be used to carry out subsection (d).
(
§16104. Reduction of engine idling
(a) Definitions
In this section:
(1) Administrator
The term "Administrator" means the Administrator of the Environmental Protection Agency.
(2) Advanced truck stop electrification system
The term "advanced truck stop electrification system" means a stationary system that delivers heat, air conditioning, electricity, or communications, and is capable of providing verifiable and auditable evidence of use of those services, to a heavy-duty vehicle and any occupants of the heavy-duty vehicle with or without relying on components mounted onboard the heavy-duty vehicle for delivery of those services.
(3) Auxiliary power unit
The term "auxiliary power unit" means an integrated system that—
(A) provides heat, air conditioning, engine warming, or electricity to components on a heavy-duty vehicle; and
(B) is certified by the Administrator under part 89 of title 40, Code of Federal Regulations (or any successor regulation), as meeting applicable emission standards.
(4) Heavy-duty vehicle
The term "heavy-duty vehicle" means a vehicle that—
(A) has a gross vehicle weight rating greater than 8,500 pounds; and
(B) is powered by a diesel engine.
(5) Idle reduction technology
The term "idle reduction technology" means an advanced truck stop electrification system, auxiliary power unit, or other technology that—
(A) is used to reduce long-duration idling; and
(B) allows for the main drive engine or auxiliary refrigeration engine to be shut down.
(6) Energy conservation technology
the 1 term "energy conservation technology" means any device, system of devices, or equipment that improves the fuel economy.
(7) Long-duration idling
(A) In general
The term "long-duration idling" means the operation of a main drive engine or auxiliary refrigeration engine, for a period greater than 15 consecutive minutes, at a time at which the main drive engine is not engaged in gear.
(B) Exclusions
The term "long-duration idling" does not include the operation of a main drive engine or auxiliary refrigeration engine during a routine stoppage associated with traffic movement or congestion.
(b) Idle reduction technology benefits, programs, and studies
(1) In general
Not later than 90 days after August 8, 2005, the Administrator shall—
(A)(i) commence a review of the mobile source air emission models of the Environmental Protection Agency used under the Clean Air Act (
(ii) update those models as the Administrator determines to be appropriate; and
(B)(i) commence a review of the emission reductions achieved by the use of idle reduction technology; and
(ii) complete such revisions of the regulations and guidance of the Environmental Protection Agency as the Administrator determines to be appropriate.
(2) Deadline for completion
Not later than 180 days after August 8, 2005, the Administrator shall—
(A) complete the reviews under subparagraphs (A)(i) and (B)(i) of paragraph (1); and
(B) prepare and make publicly available one or more reports on the results of the reviews.
(3) Discretionary inclusions
The reviews under subparagraphs (A)(i) and (B)(i) of paragraph (1) and the reports under paragraph (2)(B) may address the potential fuel savings resulting from use of idle reduction technology.
(4) Idle reduction and energy conservation deployment program
(A) Establishment
(i) In general
Not later than 90 days after August 8, 2005, the Administrator, in consultation with the Secretary of Transportation shall, through the Environmental Protection Agency's SmartWay Transport Partnership, establish a program to support deployment of idle reduction and energy conservation technologies.
(ii) Priority
The Administrator shall give priority to the deployment of idle reduction and energy conservation technologies based on the costs and beneficial effects on air quality and ability to lessen the emission of criteria air pollutants.
(B) Funding
(i) Authorization of appropriations
There are authorized to be appropriated to the Administrator to carry out subparagraph (A) for the purpose of reducing extended idling from heavy-duty vehicles $19,500,000 for fiscal year 2006, $30,000,000 for fiscal year 2007, and $45,000,000 for fiscal year 2008.
(ii) Locomotives
There are authorized to be appropriated to the administrator to carry out subparagraph (A) for the purpose of reducing extended idling from locomotives $10,000,000 for fiscal year 2006, $15,000,000 for fiscal year 2007, and $20,000,000 for fiscal year 2008.
(iii) Cost sharing
Subject to clause (iv), the Administrator shall require at least 50 percent of the costs directly and specifically related to any project under this section to be provided from non-Federal sources.
(iv) Necessary and appropriate reductions
The Administrator may reduce the non-Federal requirement under clause (iii) if the Administrator determines that the reduction is necessary and appropriate to meet the objectives of this section.
(5) Idling location study
(A) In general
Not later than 90 days after August 8, 2005, the Administrator, in consultation with the Secretary of Transportation, shall commence a study to analyze all locations at which heavy-duty vehicles stop for long-duration idling, including—
(i) truck stops;
(ii) rest areas;
(iii) border crossings;
(iv) ports;
(v) transfer facilities; and
(vi) private terminals.
(B) Deadline for completion
Not later than 180 days after August 8, 2005, the Administrator shall—
(i) complete the study under subparagraph (A); and
(ii) prepare and make publicly available one or more reports of the results of the study.
(c) Omitted
(d) Report
Not later than 60 days after the date on which funds are initially awarded under this section, and on an annual basis thereafter, the Administrator shall submit to Congress a report containing—
(1) an identification of the grant recipients, a description of the projects to be funded and the amount of funding provided; and
(2) an identification of all other applicants that submitted applications under the program.
(
Editorial Notes
References in Text
The Clean Air Act, referred to in subsec. (b)(1)(A)(i), is act July 14, 1955, ch. 360,
Codification
Section is comprised of section 756 of
1 So in original. Probably should be capitalized.
§16105. Biodiesel engine testing program
(a) In general
Not later that 1 180 days after August 8, 2005, the Secretary shall initiate a partnership with diesel engine, diesel fuel injection system, and diesel vehicle manufacturers and diesel and biodiesel fuel providers, to include biodiesel testing in advanced diesel engine and fuel system technology.
(b) Scope
The program shall provide for testing to determine the impact of biodiesel from different sources on current and future emission control technologies, with emphasis on—
(1) the impact of biodiesel on emissions warranty, in-use liability, and antitampering provisions;
(2) the impact of long-term use of biodiesel on engine operations;
(3) the options for optimizing these technologies for both emissions and performance when switching between biodiesel and diesel fuel; and
(4) the impact of using biodiesel in these fueling systems and engines when used as a blend with 2006 Environmental Protection Agency-mandated diesel fuel containing a maximum of 15-parts-per-million sulfur content.
(c) Report
Not later than 2 years after August 8, 2005, the Secretary shall provide an interim report to Congress on the findings of the program, including a comprehensive analysis of impacts from biodiesel on engine operation for both existing and expected future diesel technologies, and recommendations for ensuring optimal emissions reductions and engine performance with biodiesel.
(d) Authorization of appropriations
There are authorized to be appropriated $5,000,000 for each of fiscal years 2006 through 2010 to carry out this section.
(e) Definition
For purposes of this section, the term "biodiesel" means a diesel fuel substitute produced from nonpetroleum renewable resources that meets the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under
(
1 So in original. Probably should be "than".
§16106. Ultra-efficient engine technology for aircraft
(a) Ultra-efficient engine technology partnership
The Secretary shall enter into a cooperative agreement with the National Aeronautics and Space Administration for the development of ultra-efficient engine technology for aircraft.
(b) Performance objective
The Secretary shall establish the following performance objectives for the program set forth in subsection (a):
(1) A fuel efficiency increase of at least 10 percent.
(2) A reduction in the impact of landing and takeoff nitrogen oxides emissions on local air quality of 70 percent.
(3) Exploring advanced concepts, alternate propulsion, and power configurations, including hybrid fuel cell powered systems.
(4) Exploring the use of alternate fuel in conventional or nonconventional turbine-based systems.
(c) Authorization of appropriations
There are authorized to be appropriated to the Secretary for carrying out this section $50,000,000 for each of the fiscal years 2006, 2007, 2008, 2009, and 2010.
(
Part E—Federal and State Procurement
§16121. Definitions
In this part:
(1) Fuel cell
The term "fuel cell" means a device that directly converts the chemical energy of a fuel and an oxidant into electricity by electrochemical processes occurring at separate electrodes in the device.
(2) Light-duty or heavy-duty vehicle fleet
The term "light-duty or heavy-duty vehicle fleet" does not include any vehicle designed or procured for combat or combat-related missions.
(3) Stationary; portable
The terms "stationary" and "portable", when used in reference to a fuel cell, include—
(A) continuous electric power; and
(B) backup electric power.
(4) Task Force
The term "Task Force" means the Hydrogen and Fuel Cell Technical Task Force established under
(5) Technical Advisory Committee
The term "Technical Advisory Committee" means the independent Technical Advisory Committee selected under
(
§16122. Federal and State procurement of fuel cell vehicles and hydrogen energy systems
(a) Purposes
The purposes of this section are—
(1) to stimulate acceptance by the market of fuel cell vehicles and hydrogen energy systems;
(2) to support development of technologies relating to fuel cell vehicles, public refueling stations, and hydrogen energy systems; and
(3) to require the Federal government, 1 which is the largest single user of energy in the United States, to adopt those technologies as soon as practicable after the technologies are developed, in conjunction with private industry partners.
(b) Federal leases and purchases
(1) Requirement
(A) In general
Not later than January 1, 2010, the head of any Federal agency that uses a light-duty or heavy-duty vehicle fleet shall lease or purchase fuel cell vehicles and hydrogen energy systems to meet any applicable energy savings goal described in subsection (c).
(B) Learning demonstration vehicles
The Secretary may lease or purchase appropriate vehicles developed under subsections (a)(10) and (b)(1)(A) of
(2) Costs of leases and purchases
(A) In general
The Secretary, in cooperation with the Task Force and the Technical Advisory Committee, shall pay to Federal agencies (or share the cost under interagency agreements) the difference in cost between—
(i) the cost to the agencies of leasing or purchasing fuel cell vehicles and hydrogen energy systems under paragraph (1); and
(ii) the cost to the agencies of a feasible alternative to leasing or purchasing fuel cell vehicles and hydrogen energy systems, as determined by the Secretary.
(B) Competitive costs and management structures
In carrying out subparagraph (A), the Secretary, in consultation with the agency, may use the General Services Administration or any commercial vendor to ensure—
(i) a cost-effective purchase of a fuel cell vehicle or hydrogen energy system; or
(ii) a cost-effective management structure of the lease of a fuel cell vehicle or hydrogen energy system.
(3) Exception
(A) In general
If the Secretary determines that the head of an agency described in paragraph (1) cannot find an appropriately efficient and reliable fuel cell vehicle or hydrogen energy system in accordance with paragraph (1), that agency shall be excepted from compliance with paragraph (1).
(B) Consideration
In making a determination under subparagraph (A), the Secretary shall consider—
(i) the needs of the agency; and
(ii) an evaluation performed by—
(I) the Task Force; or
(II) the Technical Advisory Committee.
(c) Energy savings goals
(1) In general
(A) Regulations
Not later than December 31, 2006, the Secretary shall—
(i) in cooperation with the Task Force, promulgate regulations for the period of 2008 through 2010 that extend and augment energy savings goals for each Federal agency, in accordance with any Executive order issued after March 2000; and
(ii) promulgate regulations to expand the minimum Federal fleet requirement and credit allowances for fuel cell vehicle systems under
(B) Review, evaluation, and new regulations
Not later than December 31, 2010, the Secretary shall—
(i) review the regulations promulgated under subparagraph (A);
(ii) evaluate any progress made toward achieving energy savings by Federal agencies; and
(iii) promulgate new regulations for the period of 2011 through 2015 to achieve additional energy savings by Federal agencies relating to technical and cost-performance standards.
(2) Offsetting energy savings goals
An agency that leases or purchases a fuel cell vehicle or hydrogen energy system in accordance with subsection (b)(1) may use that lease or purchase to count toward an energy savings goal of the agency.
(d) Cooperative program with State agencies
(1) In general
The Secretary may establish a cooperative program with State agencies managing motor vehicle fleets to encourage purchase of fuel cell vehicles by the agencies.
(2) Incentives
In carrying out the cooperative program, the Secretary may offer incentive payments to a State agency to assist with the cost of planning, differential purchases, and administration.
(e) Authorization of appropriations
There is authorized to be appropriated to carry out this section—
(1) $15,000,000 for fiscal year 2008;
(2) $25,000,000 for fiscal year 2009;
(3) $65,000,000 for fiscal year 2010; and
(4) such sums as are necessary for each of fiscal years 2011 through 2015.
(
1 So in original. Probably should be capitalized.
§16123. Federal procurement of stationary, portable, and micro fuel cells
(a) Purposes
The purposes of this section are—
(1) to stimulate acceptance by the market of stationary, portable, and micro fuel cells; and
(2) to support development of technologies relating to stationary, portable, and micro fuel cells.
(b) Federal leases and purchases
(1) In general
Not later than January 1, 2006, the head of any Federal agency that uses electrical power from stationary, portable, or microportable devices shall lease or purchase a stationary, portable, or micro fuel cell to meet any applicable energy savings goal described in subsection (c).
(2) Costs of leases and purchases
(A) In general
The Secretary, in cooperation with the Task Force and the Technical Advisory Committee, shall pay the cost to Federal agencies (or share the cost under interagency agreements) of leasing or purchasing stationary, portable, and micro fuel cells under paragraph (1).
(B) Competitive costs and management structures
In carrying out subparagraph (A), the Secretary, in consultation with the agency, may use the General Services Administration or any commercial vendor to ensure—
(i) a cost-effective purchase of a stationary, portable, or micro fuel cell; or
(ii) a cost-effective management structure of the lease of a stationary, portable, or micro fuel cell.
(3) Exception
(A) In general
If the Secretary determines that the head of an agency described in paragraph (1) cannot find an appropriately efficient and reliable stationary, portable, or micro fuel cell in accordance with paragraph (1), that agency shall be excepted from compliance with paragraph (1).
(B) Consideration
In making a determination under subparagraph (A), the Secretary shall consider—
(i) the needs of the agency; and
(ii) an evaluation performed by—
(I) the Task Force; or
(II) the Technical Advisory Committee of the Task Force.
(c) Energy savings goals
An agency that leases or purchases a stationary, portable, or micro fuel cell in accordance with subsection (b)(1) may use that lease or purchase to count toward an energy savings goal described in
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section—
(1) $20,000,000 for fiscal year 2006;
(2) $50,000,000 for fiscal year 2007;
(3) $75,000,000 for fiscal year 2008;
(4) $100,000,000 for fiscal year 2009;
(5) $100,000,000 for fiscal year 2010; and
(6) such sums as are necessary for each of fiscal years 2011 through 2015.
(
Part F—Diesel Emissions Reduction
§16131. Definitions
In this part:
(1) Administrator
The term "Administrator" means the Administrator of the Environmental Protection Agency.
(2) Certified engine configuration
The term "certified engine configuration" means a new, rebuilt, or remanufactured engine configuration—
(A) that has been certified or verified by—
(i) the Administrator; or
(ii) the California Air Resources Board;
(B) that meets or is rebuilt or remanufactured to a more stringent set of engine emission standards, as determined by the Administrator; and
(C) in the case of a certified engine configuration involving the replacement of an existing engine or vehicle, an engine configuration that replaced an engine that was—
(i) removed from the vehicle; and
(ii) returned to the supplier for remanufacturing to a more stringent set of engine emissions standards or for scrappage.
(3) Eligible entity
The term "eligible entity" means—
(A) a regional, State, local, or tribal agency or port authority with jurisdiction over transportation or air quality;
(B) a nonprofit organization or institution that—
(i) represents or provides pollution reduction or educational services to persons or organizations that own or operate diesel fleets; or
(ii) has, as its principal purpose, the promotion of transportation or air quality; and
(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).
(4) Emerging technology
The term "emerging technology" means a technology that is not currently, or has not been previously, certified or verified by the Administrator or the California Air Resources Board but for which an approvable application and test plan has been submitted for verification to the Administrator or the California Air Resources Board.
(5) Fleet
The term "fleet" means one or more diesel vehicles or mobile or stationary diesel engines.
(6) Heavy-duty truck
The term "heavy-duty truck" has the meaning given the term "heavy duty vehicle" in
(7) Medium-duty truck
The term "medium-duty truck" has such meaning as shall be determined by the Administrator, by regulation.
(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.
(9) Verified technology
The term "verified technology" means a pollution control technology, including a retrofit technology or auxiliary power unit, that has been verified by—
(A) the Administrator; or
(B) the California Air Resources Board.
(
Editorial Notes
Amendments
2011—Par. (3)(C).
Par. (4).
Par. (8).
Par. (9).
2008—Par. (9).
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
"(a)
"(b)
§16132. National grant, rebate, and loan programs
(a) In general
The Administrator shall use 70 percent of the funds made available to carry out this part for each fiscal year 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, to achieve significant reductions in diesel emissions in terms of—
(1) pollution produced; and
(2) diesel emissions exposure, particularly from fleets operating in areas designated by the Administrator as poor air quality areas.
(b) Distribution
(1) In general
The Administrator shall distribute funds made available for a fiscal year under this part in accordance with this section.
(2) Engine configurations and technologies
(A) Certified engine configurations and verified technologies
The Administrator shall provide not less than 95 percent of funds available for a fiscal year under this section to eligible entities for projects using—
(i) a certified engine configuration; or
(ii) a verified technology.
(B) Emerging technologies
(i) In general
The Administrator shall provide not more than 5 percent of funds available for a fiscal year under this section to eligible entities for the development and commercialization of emerging technologies.
(ii) Application and test plan
To receive funds under clause (i), a manufacturer, in consultation with an eligible entity, shall submit for verification to the Administrator or the California Air Resources Board a test plan for the emerging technology, together with a verification application.
(c) Applications
(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).
(3) Inclusions
An application under this subsection shall include—
(A) a description of the air quality of the area served by the eligible entity;
(B) the quantity of air pollution produced by the diesel fleets in the area served by the eligible entity;
(C) a description of the project proposed by the eligible entity, including—
(i) any certified engine configuration, verified technology, or emerging technology to be used or funded by the eligible entity; and
(ii) the means by which the project will achieve a significant reduction in diesel emissions;
(D) an evaluation (using methodology approved by the Administrator or the National Academy of Sciences) of the quantifiable and unquantifiable benefits of the emissions reductions of the proposed project;
(E) an estimate of the cost of the proposed project;
(F) a description of the age and expected lifetime control of the equipment used or funded by the eligible entity;
(G) in the case of an application relating to nonroad engines or vehicles, a description of the diesel fuel available in the areas to be served by the eligible entity, including the sulfur content of the fuel; and
(H) provisions for the monitoring and verification of the project.
(4) Priority
In providing a grant, rebate, or loan under this section, the Administrator shall give highest priority to proposed projects that, as determined by the Administrator—
(A) maximize public health benefits;
(B) are the most cost-effective;
(C) serve areas—
(i) with the highest population density;
(ii) that are poor air quality areas, including areas identified by the Administrator as—
(I) in nonattainment or maintenance of national ambient air quality standards for a criteria pollutant;
(II) Federal Class I areas; or
(III) areas with toxic air pollutant concerns;
(iii) that receive a disproportionate quantity of air pollution from diesel fleets, including truckstops, ports, rail yards, terminals, construction sites, schools, and distribution centers; or
(iv) that use a community-based multistakeholder collaborative process to reduce toxic emissions;
(D) include a certified engine configuration, verified technology, or emerging technology that has a long expected useful life;
(E) will maximize the useful life of any certified engine configuration, verified technology, or emerging technology used or funded by the eligible entity; and
(F) conserve diesel fuel.
(d) Use of funds
(1) In general
An eligible entity may use a grant, rebate, or loan provided under this section to fund the costs of—
(A) a retrofit technology (including any incremental costs of a repowered or new diesel engine) that significantly reduces emissions through development and implementation of a certified engine configuration, verified technology, or emerging technology for—
(i) a bus;
(ii) a medium-duty truck or a heavy-duty truck;
(iii) a marine engine;
(iv) a locomotive; or
(v) a nonroad engine or vehicle used in—
(I) construction;
(II) handling of cargo (including at a port or airport);
(III) agriculture;
(IV) mining; or
(V) energy production; or
(B) programs or projects to reduce long-duration idling using verified technology involving a vehicle or equipment described in subparagraph (A).
(2) Regulatory programs
(A) In general
Notwithstanding paragraph (1), no grant, rebate, or loan provided, or contract entered into, under this section shall be used to fund the costs of emissions reductions that are mandated under 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 [
(B) Mandated
For purposes of subparagraph (A), voluntary or elective emission reduction measures shall not be considered "mandated", regardless of whether the reductions are included in the State implementation plan of a State.
(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 part.
(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.
(
Editorial Notes
References in Text
The Clean Air Act, referred to in subsec. (d)(2)(A), is act July 14, 1955, ch. 360,
Amendments
2011—
Subsec. (a).
Subsec. (a)(1).
Subsec. (b)(2).
Subsec. (b)(2)(A).
Subsec. (b)(2)(B)(i).
Subsec. (b)(2)(B)(ii).
Subsec. (b)(3).
Subsec. (c).
Subsec. (c)(3)(G).
Subsec. (c)(4).
Subsec. (c)(4)(C)(iii).
Subsec. (c)(4)(E) to (G).
Subsec. (d)(1).
Subsec. (d)(2)(A).
Subsecs. (e), (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Amendment by
§16133. State grant, rebate, and loan programs
(a) In general
Subject to the availability of adequate appropriations, the Administrator shall use 30 percent of the funds made available for a fiscal year under this part to support grant, rebate, and loan programs administered by States that are designed to achieve significant reductions in diesel emissions.
(b) Applications
The Administrator shall—
(1) provide to States guidance for use in applying for grant, rebate, or loan funds under this section, including information regarding—
(A) the process and forms for applications;
(B) permissible uses of funds received; and
(C) the cost-effectiveness of various emission reduction technologies eligible to be carried out using funds provided under this section; and
(2) establish, for applications described in paragraph (1)—
(A) an annual deadline for submission of the applications;
(B) a process by which the Administrator shall approve or disapprove each application; and
(C) a streamlined process by which a State may renew an application described in paragraph (1) for subsequent fiscal years.
(c) Allocation of funds
(1) In general
For each fiscal year, the Administrator shall allocate among States for which applications are approved by the Administrator under subsection (b)(2)(B) funds made available to carry out this section for the fiscal year.
(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 part 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.
(3) State matching incentive
(A) In general
If a State agrees to match the allocation provided to the State under paragraph (2) for a fiscal year, the Administrator shall provide to the State for the fiscal year an additional amount equal to 50 percent of the allocation of the State under paragraph (2).
(B) Requirements
A State—
(i) may not use funds received under this part to pay a matching share required under this subsection; and
(ii) shall not be required to provide a matching share for any additional amount received under subparagraph (A).
(4) Unclaimed funds
Any funds that are not claimed by a State for a fiscal year under this subsection shall be used to carry out
(d) Administration
(1) In general
Subject to paragraphs (2) and (3) and, to the extent practicable, the priority areas listed in
(2) Apportionment of funds
The chief executive of a State that receives funding under this section may determine the portion of funds to be provided as grants, rebates, or loans.
(3) Use of funds
A grant, rebate, or loan provided under this section shall be used for a project relating to—
(A) a certified engine configuration; or
(B) a verified technology.
(4) Priority
In providing grants, rebates, and loans under this section, a State shall use the priorities in
(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.
(
Editorial Notes
Amendments
2011—
Subsec. (a).
Subsec. (b)(1).
Subsec. (c)(2).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (d)(4), (5).
2008—Subsec. (c)(2)(A).
Subsec. (c)(2)(B).
Subsec. (c)(2)(B)(ii).
Subsec. (d)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Amendment by
§16134. Evaluation and report
(a) In general
Not later than 1 year after the date on which funds are made available under this part, and biennially thereafter, the Administrator shall submit to Congress a report evaluating the implementation of the programs under this part.
(b) Inclusions
The report shall include a description of—
(1) the total number of grant applications received;
(2) each grant, rebate, or loan made under this part, including the amount of the grant, rebate, or loan;
(3) each project for which a grant, rebate, or loan is provided under this part, including the criteria used to select the grant, rebate, or loan recipients;
(4) the actual and estimated air quality and diesel fuel conservation benefits, cost-effectiveness, and cost-benefits of the grant, rebate, and loan programs under this part;
(5) the problems encountered by projects for which a grant, rebate, or loan is provided under this part;
(6) any other information the Administrator considers to be appropriate; and
(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.
(
Editorial Notes
Amendments
2011—Subsec. (b)(2) to (5).
Subsec. (b)(7).
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Amendment by
§16135. Outreach and incentives
(a) Definition of eligible technology
In this section, the term "eligible technology" means—
(1) a verified technology; or
(2) an emerging technology.
(b) Technology transfer program
(1) In general
The Administrator shall establish a program under which the Administrator—
(A) informs stakeholders of the benefits of eligible technologies; and
(B) develops nonfinancial incentives to promote the use of eligible technologies.
(2) Eligible stakeholders
Eligible stakeholders under this section include—
(A) equipment owners and operators;
(B) emission and pollution control technology manufacturers;
(C) engine and equipment manufacturers;
(D) State and local officials responsible for air quality management;
(E) community organizations; and
(F) public health, educational, and environmental organizations.
(c) State implementation plans
The Administrator shall develop appropriate guidance to provide credit to a State for emission reductions in the State created by the use of eligible technologies through a State implementation plan under
(d) International markets
The Administrator, in coordination with the Department of Commerce and industry stakeholders, shall inform foreign countries with air quality problems of the potential of technology developed or used in the United States to provide emission reductions in those countries.
(
§16136. Effect of part
Nothing in this part affects any authority under the Clean Air Act (
(
Editorial Notes
References in Text
The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360,
§16137. Authorization of appropriations
(a) In general
There is authorized to be appropriated to carry out this part $100,000,000 for each of fiscal years 2012 through 2024, 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.
(
Editorial Notes
Amendments
2020—Subsec. (a).
2011—
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Amendment by
§16138. EPA authority to accept diesel emissions reduction Supplemental Environmental Projects
The Administrator of the Environmental Protection Agency (hereinafter, the "Agency") may accept (notwithstanding
(1) protect human health or the environment;
(2) are related to the underlying alleged violations;
(3) do not constitute activities that the defendant would otherwise be legally required to perform; and
(4) do not provide funds for the staff of the Agency or for contractors to carry out the Agency's internal operations.
(
Editorial Notes
Codification
Section was not enacted as part of the Energy Policy Act of 2005 which comprises this chapter.
§16139. Settlement agreement provisions
In any settlement agreement regarding alleged violations of environmental law in which a defendant agrees to perform a diesel emissions reduction Supplemental Environmental Project, the Administrator of the Environmental Protection Agency shall require the defendant to include in the settlement documents a certification under penalty of law that the defendant would have agreed to perform a comparably valued, alternative project other than a diesel emissions reduction Supplemental Environmental Project if the Administrator were precluded by law from accepting a diesel emission reduction Supplemental Environmental Project. A failure by the Administrator to include this language in such a settlement agreement shall not create a cause of action against the United States under the Clean Air Act [
(
Editorial Notes
References in Text
The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360,
Codification
Section was not enacted as part of the Energy Policy Act of 2005 which comprises this chapter.