    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-364
    111th Congress

    An Act

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

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Diesel Emissions Reduction Act of
    2010''.
    SEC. 2. DIESEL EMISSIONS REDUCTION PROGRAM.

    (a) Definitions.--Section 791 of the Energy Policy Act of 2005 (42
    U.S.C. 16131) is amended--
    (1) in paragraph (3)--
    (A) in subparagraph (A), by striking ``and'' at the
    end;
    (B) in subparagraph (B), by striking the period at
    the end and inserting ``; and''; and
    (C) by adding at the end the following:
    ``(C) any private individual or entity that--
    ``(i) is the owner of record of a diesel
    vehicle or fleet operated pursuant to a contract,
    license, or lease with a Federal department or
    agency or an entity described in subparagraph (A);
    and
    ``(ii) meets such timely and appropriate
    requirements as the Administrator may establish
    for vehicle use and for notice to and approval by
    the Federal department or agency or entity
    described in subparagraph (A) with respect to
    which the owner has entered into a contract,
    license, or lease as described in clause (i).'';
    (2) in paragraph (4), by inserting ``currently, or has not
    been previously,'' after ``that is not'';
    (3) by striking paragraph (9);
    (4) by redesignating paragraph (8) as paragraph (9);
    (5) in paragraph (9) (as so redesignated), in the matter
    preceding subparagraph (A), by striking ``, advanced truckstop
    electrification system,''; and
    (6) by inserting after paragraph (7) the following:
    ``(8) State.--The term `State' means the several States, the
    District of Columbia, the Commonwealth of Puerto Rico, Guam, the
    United States Virgin Islands, American Samoa, and the
    Commonwealth of the Northern Mariana Islands.''.

    (b) National Grant, Rebate, and Loan Programs.--Section 792 of the
    Energy Policy Act of 2005 (42 U.S.C. 16132) is amended--

    [[Page 4057]]

    (1) in the section heading, by inserting ``, rebate,'' after
    ``grant'';
    (2) in subsection (a)--
    (A) in the matter preceding paragraph (1), by
    striking ``to provide grants and low-cost revolving
    loans, as determined by the Administrator, on a
    competitive basis, to eligible entities'' and inserting
    ``to provide grants, rebates, or low-cost revolving
    loans, as determined by the Administrator, on a
    competitive basis, to eligible entities, including
    through contracts entered into under subsection (e) of
    this section,''; and
    (B) in paragraph (1), by striking ``tons of'';
    (3) in subsection (b)--
    (A) by striking paragraph (2);
    (B) by redesignating paragraph (3) as paragraph (2);
    and
    (C) in paragraph (2) (as so redesignated)--
    (i) in subparagraph (A), in the matter
    preceding clause (i), by striking ``90'' and
    inserting ``95'';
    (ii) in subparagraph (B)(i), by striking ``10
    percent'' and inserting ``5 percent''; and
    (iii) in subparagraph (B)(ii), by striking
    ``the application under subsection (c)'' and
    inserting ``a verification application'';
    (4) in subsection (c)--
    (A) by redesignating paragraphs (2) and (3) as
    paragraphs (3) and (4), respectively;
    (B) by striking paragraph (1) and inserting the
    following:
    ``(1) Expedited process.--
    ``(A) In general.--The Administrator shall develop a
    simplified application process for all applicants under
    this section to expedite the provision of funds.
    ``(B) Requirements.--In developing the expedited
    process under subparagraph (A), the Administrator--
    ``(i) shall take into consideration the
    special circumstances affecting small fleet
    owners; and
    ``(ii) to avoid duplicative procedures, may
    require applicants to include in an application
    under this section the results of a competitive
    bidding process for equipment and installation.
    ``(2) Eligibility.--
    ``(A) Grants.--To be eligible to receive a grant
    under this section, an eligible entity shall submit to
    the Administrator an application at such time, in such
    manner, and containing such information as the
    Administrator may require.
    ``(B) Rebates and low-cost loans.--To be eligible to
    receive a rebate or a low-cost loan under this section,
    an eligible entity shall submit an application in
    accordance with such guidance as the Administrator may
    establish--
    ``(i) to the Administrator; or
    ``(ii) to an entity that has entered into a
    contract under subsection (e).'';
    (C) in paragraph (3)(G) (as redesignated by
    subparagraph (A)), by inserting ``in the case of an
    application

    [[Page 4058]]

    relating to nonroad engines or vehicles,'' before ``a
    description of the diesel''; and
    (D) in paragraph (4) (as redesignated by
    subparagraph (A))--
    (i) in the matter preceding subparagraph (A)--
    (I) by inserting ``, rebate,'' after
    ``grant''; and
    (II) by inserting ``highest'' after
    ``shall give'';
    (ii) in subparagraph (C)(iii)--
    (I) by striking ``a diesel fleets''
    and inserting ``diesel fleets''; and
    (II) by inserting ``construction
    sites, schools,'' after ``terminals,'';
    (iii) in subparagraph (E), by adding ``and''
    at the end;
    (iv) in subparagraph (F), by striking ``;
    and'' and inserting a period; and
    (v) by striking subparagraph (G);
    (5) in subsection (d)--
    (A) in paragraph (1), in the matter preceding
    subparagraph (A), by inserting ``, rebate,'' after
    ``grant''; and
    (B) in paragraph (2)(A)--
    (i) by striking ``grant or loan provided'' and
    inserting ``grant, rebate, or loan provided, or
    contract entered into,''; and
    (ii) by striking ``Federal, State or local
    law'' and inserting ``any Federal law, except that
    this subparagraph shall not apply to a mandate in
    a State implementation plan approved by the
    Administrator under the Clean Air Act''; and
    (6) by adding at the end the following:

    ``(e) Contract Programs.--
    ``(1) Authority.--In addition to the use of contracting
    authority otherwise available to the Administrator, the
    Administrator may enter into contracts with eligible contractors
    described in paragraph (2) for the administration of programs
    for providing rebates or loans, subject to the requirements of
    this subtitle.
    ``(2) Eligible contractors.--The Administrator may enter
    into a contract under this subsection with a for-profit or
    nonprofit entity that has the capacity--
    ``(A) to sell diesel vehicles or equipment to, or to
    arrange financing for, individuals or entities that own
    a diesel vehicle or fleet; or
    ``(B) to upgrade diesel vehicles or equipment with
    verified or Environmental Protection Agency-certified
    engines or technologies, or to arrange financing for
    such upgrades.

    ``(f) Public Notification.--Not later <>  than 60 days after the date of the award of a grant, rebate,
    or loan, the Administrator shall publish on the website of the
    Environmental Protection Agency--
    ``(1) for rebates and loans provided to the owner of a
    diesel vehicle or fleet, the total number and dollar amount of
    rebates or loans provided, as well as a breakdown of the
    technologies funded through the rebates or loans; and

    [[Page 4059]]

    ``(2) for other rebates and loans, and for grants, a
    description of each application for which the grant, rebate, or
    loan is provided.''.

    (c) State Grant, Rebate, and Loan Programs.--Section 793 of the
    Energy Policy Act of 2005 (42 U.S.C. 16133) is amended--
    (1) in the section heading, by inserting ``, rebate,'' after
    ``grant'';
    (2) in subsection (a), by inserting ``, rebate,'' after
    ``grant'';
    (3) in subsection (b)(1), by inserting ``, rebate,'' after
    ``grant'';
    (4) by amending subsection (c)(2) to read as follows:
    ``(2) Allocation.--
    ``(A) In general.--Except as provided in
    subparagraphs (B) and (C), using not more than 20
    percent of the funds made available to carry out this
    subtitle for a fiscal year, the Administrator shall
    provide to each State qualified for an allocation for
    the fiscal year an allocation equal to \1/53\ of the
    funds made available for that fiscal year for
    distribution to States under this paragraph.
    ``(B) Certain territories.--
    ``(i) In general.--Except as provided in
    clause (ii), Guam, the United States Virgin
    Islands, American Samoa, and the Commonwealth of
    the Northern Mariana Islands shall collectively
    receive an allocation equal to \1/53\ of the funds
    made available for that fiscal year for
    distribution to States under this subsection,
    divided equally among those 4 States.
    ``(ii) Exception.--If any State described in
    clause (i) does not qualify for an allocation
    under this paragraph, the share of funds otherwise
    allocated for that State under clause (i) shall be
    reallocated pursuant to subparagraph (C).
    ``(C) Reallocation.--If any State does not qualify
    for an allocation under this paragraph, the share of
    funds otherwise allocated for that State under this
    paragraph shall be reallocated to each remaining
    qualified State in an amount equal to the product
    obtained by multiplying--
    ``(i) the proportion that the population of
    the State bears to the population of all States
    described in paragraph (1); by
    ``(ii) the amount otherwise allocatable to the
    nonqualifying State under this paragraph.'';
    (5) in subsection (d)--
    (A) in paragraph (1), by inserting ``, rebate,''
    after ``grant'';
    (B) in paragraph (2), by inserting ``, rebates,''
    after ``grants'';
    (C) in paragraph (3), in the matter preceding
    subparagraph (A), by striking ``grant or loan provided
    under this section may be used'' and inserting ``grant,
    rebate, or loan provided under this section shall be
    used''; and
    (D) by adding at the end the following:
    ``(4) Priority.--In providing grants, rebates, and loans
    under this section, a State shall use the priorities in section
    792(c)(4).
    ``(5) Public notification.--Not later <>  than 60 days after the date of the award of a grant,
    rebate, or loan by a State, the State shall publish on the Web
    site of the State--

    [[Page 4060]]

    ``(A) for rebates, grants, and loans provided to the
    owner of a diesel vehicle or fleet, the total number and
    dollar amount of rebates, grants, or loans provided, as
    well as a breakdown of the technologies funded through
    the rebates, grants, or loans; and
    ``(B) for other rebates, grants, and loans, a
    description of each application for which the grant,
    rebate, or loan is provided.''.

    (d) Evaluation and Report.--Section 794(b) of the Energy Policy Act
    of 2005 (42 U.S.C. 16134(b)) is amended--
    (1) in each of paragraphs (2) through (5) by inserting ``,
    rebate,'' after ``grant'' each place it appears;
    (2) in paragraph (5), by striking ``and'' at the end;
    (3) in paragraph (6), by striking the period at the end and
    inserting ``; and''; and
    (4) by adding at the end the following new paragraph:
    ``(7) in the last report sent to Congress before January 1,
    2016, an analysis of the need to continue the program, including
    an assessment of the size of the vehicle and engine fleet that
    could provide benefits from being retrofit under this program
    and a description of the number and types of applications that
    were not granted in the preceding year.''.

    (e) Authorization of Appropriations.--Section 797 of the Energy
    Policy Act of 2005 (42 U.S.C. 16137) is amended to read as follows:
    ``SEC. 797. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry
    out this subtitle $100,000,000 for each of fiscal years 2012 through
    2016, to remain available until expended.
    ``(b) Management and Oversight.--The Administrator may use not more
    than 1 percent of the amounts made available under subsection (a) for
    each fiscal year for management and oversight purposes.''.
    SEC. 3. AUDIT.

    (a) In General.--Not later than 360 days after the date of enactment
    of this Act, the Comptroller General of the United States shall carry
    out an audit to identify--
    (1) all Federal mobile source clean air grant, rebate, or
    low cost revolving loan programs under the authority of the
    Administrator of the Environmental Protection Agency, the
    Secretary of Transportation, or other relevant Federal agency
    heads that are designed to address diesel emissions from, or
    reduce diesel fuel usage by, diesel engines and vehicles; and
    (2) whether, and to what extent, duplication or overlap
    among, or gaps between, these Federal mobile source clean air
    programs exists.

    (b) Report.--The Comptroller General of the United States shall--
    (1) submit to the Committee on Environment and Public Works
    of the Senate and the Committee on Energy and Commerce of the
    House of Representatives a copy of the audit under subsection
    (a); and
    (2) <>  make a copy of the audit under
    subsection (a) available on a publicly accessible Internet site.

    [[Page 4061]]

    (c) Offset.--All unobligated amounts provided to carry out the pilot
    program under title I of division G of the Omnibus Appropriations Act,
    2009 (Public Law 111-8; 123 Stat. 814) under the heading ``miscellaneous
    items'' are rescinded.
    SEC. 4. <>  EFFECTIVE DATE.

    (a) General Rule.--Except as provided in subsection (b), the
    amendments made by section 2 shall take effect on October 1, 2011.
    (b) Exception.--The amendments made by subsections (a)(4) and (6)
    and (c)(4) of section 2 shall take effect on the date of enactment of
    this Act.

    Approved January 4, 2011.

    LEGISLATIVE HISTORY--H.R. 5809:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 111-618, Pt. 1 (Comm. on Energy and Commerce).
    CONGRESSIONAL RECORD, Vol. 156 (2010):
    Sept. 22, considered and passed House.
    Dec. 16, considered and passed Senate, amended.
    Dec. 21, House concurred in Senate amendments.