[United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
[From the U.S. Government Printing 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.