[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3973 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3973

   To amend the Energy Policy Act of 2005 to reauthorize and modify 
     provisions relating to the diesel emissions reduction program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2010

  Mr. Voinovich (for himself, Mr. Carper, Mr. Inhofe, Mrs. Boxer, Ms. 
Collins, Mr. Alexander, Ms. Klobuchar, Mr. Lugar, Mrs. Gillibrand, Mrs. 
Shaheen, Mr. Tester, Mrs. Feinstein, Mr. Kerry, Mr. Baucus, Mr. Harkin, 
  Mr. Merkley, Mr. Lieberman, Mr. Brown of Ohio, Mr. Whitehouse, Mr. 
   Wyden, Ms. Landrieu, Mrs. Hagan, Mr. Warner, Mr. Lautenberg, Mr. 
Cardin, Mr. Franken, Mr. Burris, Mr. Schumer, Mr. Durbin, and Mr. Reed) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   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 a semicolon; and
                    (C) by adding at the end the following:
                    ``(C) a for-profit or nonprofit entity that has the 
                capacity--
                            ``(i) to sell diesel vehicles or equipment 
                        to, and arrange financing for, individuals or 
                        entities that own or operate diesel fleets; or
                            ``(ii) to upgrade diesel vehicles or 
                        equipment with verified or Environmental 
                        Protection Agency-certified engines or 
                        technologies; and
                    ``(D) any private individual or entity that--
                            ``(i) is the owner of record of a diesel 
                        vehicle or fleet; and
                            ``(ii) acts--
                                    ``(I) pursuant to a contract, 
                                license, or lease with--
                                            ``(aa) a Federal department 
                                        or agency; or
                                            ``(bb) an entity described 
                                        in subparagraph (A); and
                                    ``(II) in accordance with such 
                                timely and appropriate requirements for 
                                notice and approval as the 
                                Administrator may establish for the use 
                                of vehicles to be purchased or retrofit 
                                using a grant, rebate, or loan under 
                                this subtitle.'';
            (2) in paragraph (4), by inserting ``currently or 
        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' includes--
                    ``(A) the District of Columbia; and
                    ``(B) the Commonwealth of Puerto Rico.''.
    (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, contracts, rebates, or low-cost 
                revolving loans, as determined by the Administrator, on 
                a competitive basis, to eligible entities described in 
                subparagraph (A), (B), or (D) of section 791(3), or to 
                enter into contracts with eligible entities described 
                in subparagraph (C) of that section,''; and
                    (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''; and
                            (ii) in subparagraph (B)(ii), by striking 
                        ``application under subsection (c)'' and 
                        inserting ``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 competitive bids for 
                        equipment and installation.
            ``(2) Eligibility.--
                    ``(A) Grants.--To be eligible to receive a grant 
                under this section, an eligible entity described in 
                subparagraph (A), (B), or (D) of section 791(3) shall 
                submit to the Administrator an application at such 
                time, in such manner, and containing such information 
                as the Administrator may require.
                    ``(B) Rebates.--To be eligible to receive a rebate 
                under this section, an eligible entity described in 
                subparagraph (A), (B), or (D) of section 791(3) shall 
                submit to the Administrator an application in 
                accordance with such guidance as the Administrator may 
                establish.
                    ``(C) Low-cost loans.--To be eligible to receive a 
                loan under this section, an eligible entity described 
                in subparagraph (A), (B), or (D) of section 791(3) 
                shall submit an application to--
                            ``(i) the Administrator; or
                            ``(ii) an eligible entity described in 
                        section 791(3)(C) with which the Administrator 
                        has entered into a contract for the purpose of 
                        administering loans under this subtitle.''; and
                    (C) 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 (D), by adding 
                        ``and'' at the end;
                            (iv) in subparagraph (E), by striking the 
                        semicolon at the end and inserting a period; 
                        and
                            (v) by striking subparagraphs (F) and (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 inserting ``, rebate,'' after 
                        ``grant''; and
                            (ii) by striking ``, State or local''; and
            (6) by adding at the end the following:
    ``(e) Public Notification.--The Administrator shall publish on the 
website of the Environmental Protection Agency a description of each 
application for which a grant or loan is provided under this section by 
not later than 60 days after the date of award of the grant or loan.''.
    (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) subsection (c)(2)(B), in the matter preceding clause 
        (i), by striking ``qualifies'' and inserting ``qualify''; and
            (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 give priority to projects 
        that meet the criteria described in section 792(c)(4).
            ``(5) Public notification.--Each State shall publish on the 
        website of the State a description of each application for 
        which a grant, rebate, or loan is provided under this section 
        by not later than 60 days after the date of award of the grant, 
        rebate, or loan.''.
    (d) Evaluation and Report.--Section 794(b) of the Energy Policy Act 
of 2005 (42 U.S.C. 16134(b)) is amended in each of paragraphs (2) 
through (5) by inserting ``, rebate,'' after ``grant'' each place it 
appears.
    (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 $200,000,000 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.''.
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