II Calendar No. 718 111th CONGRESS 2d Session S. 3973 IN THE SENATE OF THE UNITED STATES November 18, 2010 Mr. Voinovich (for himself, Mr. Carper, Mr. Inhofe, Mrs. Boxer, Ms. Collins, Mr. Alexander, Ms. Klobuchar, Mr. Lugar, Mrs. Gillibrand, Mrs. Shaheen, Mr. Tester, Mrs. Feinstein, Mr. Kerry, Mr. Baucus, Mr. Harkin, Mr. Merkley, Mr. Lieberman, Mr. Brown of Ohio, Mr. Whitehouse, Mr. Wyden, Ms. Landrieu, Mrs. Hagan, Mr. Warner, Mr. Lautenberg, Mr. Cardin, Mr. Franken, Mr. Burris, Mr. Schumer, Mr. Durbin, Mr. Reed, Ms. Murkowski, Mr. Webb, and Mr. Menendez) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works December 20, 2010 Reported by Mrs. Boxer, without amendment A BILL To amend the Energy Policy Act of 2005 to reauthorize and modify provisions relating to the diesel emissions reduction program.

1.

Short title

This Act may be cited as the Diesel Emissions Reduction Act of 2010.

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:

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.

.

December 20, 2010 Reported without amendment