1.This Act may be cited as the
Diesel Emissions Reduction Act of
2010
.
2.Diesel emissions
reduction program
(a)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)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 programsSection 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)
(A)The Administrator shall develop a simplified application
process for all applicants under this section to expedite the provision of
funds.
(B)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)
(A)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 loansTo 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)
(1)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)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)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 programsSection 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)
(A)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)
(i)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)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)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)In
providing grants, rebates, and loans under this section, a State shall use the
priorities in section 792(c)(4).
(5)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)Section 794(b) of the Energy Policy Act of 2005 (42 U.S.C.
16134(b)) is amended in each of paragraphs (2) through (5) by inserting
, rebate,
after grant
each place it
appears.
(e)Authorization of
appropriationsSection 797 of the Energy Policy Act of 2005 (42
U.S.C. 16137) is amended to read as follows:
797.Authorization
of appropriations
(a)There is authorized to be appropriated to carry out this
subtitle $200,000,000 for each of fiscal years 2012 through 2016, to remain
available until expended.
(b)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.
.