II 

112TH CONGRESS 

1ST SESSION S. 972 

To amend titles 23 and 49, United States Code, to establish procedures 

to advance the use of cleaner construction equipment on Federal-aid 

highway and public transportation construction projects, to make the 

acquisition and installation of emission control technology an eligible 

expense in carrying out such projects, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2011 

Mr. CARPER introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To amend titles 23 and 49, United States Code, to establish 

procedures to advance the use of cleaner construction 

equipment on Federal-aid highway and public transportation construction projects, to make the acquisition and 

installation of emission control technology an eligible expense in carrying out such projects, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Construction 

5 Act of 2011’’. 


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1 SEC. 2. HIGHWAY CONSTRUCTION PROJECTS. 

2 (a) IN GENERAL.—Chapter 3 of title 23, United 

3 States Code is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 330. Construction equipment and vehicles 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) CHANGE ORDER.—The term ‘change 

8 order’ means a written document that— 

9 ‘‘(A) modifies any provision of a contract 

10 to carry out a covered highway construction 

11 project; and 

12 ‘‘(B) is issued by a State transportation 

13 department that is a party to that contract to 

14 implement a diesel emission control technology. 

15 ‘‘(2) COVERED EQUIPMENT.— 

16 ‘‘(A) IN GENERAL.—The term ‘covered 

17 construction equipment’ means any off-road 

18 diesel equipment and any on-road diesel equip19 ment that is operated on a covered highway 

20 construction project for not less than 80 hours 

21 over the life of the project. 

22 ‘‘(B) EXCLUSIONS.—The term ‘covered 

23 construction equipment’ does not include— 

24 ‘‘(i) equipment with an engine that 

25 meets or exceeds any particulate matter 

26 emission standards for the applicable enVerDate Mar 15 2010 04:35 May 19, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S972.IS S972

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1 gine power group issued by the Environ2 mental Protection Agency relating to par3 ticulate matter exhaust for new diesel en4 gines that are in effect on the date on 

5 which the highway construction project 

6 commences; 

7 ‘‘(ii) equipment with diesel exhaust 

8 control technology that was installed dur9 ing the 6-year period ending on the date of 

10 award of the contract for the covered high11 way construction project; 

12 ‘‘(iii) large cranes, such as Sky cranes 

13 or Link Belt crashes, that are responsible 

14 for critical lift operations, if the emission 

15 control technology would adversely affect 

16 lift capacity; and 

17 ‘‘(iv) additional or replacement equip18 ment brought on the job site after work 

19 has commenced to prevent or remedy harm 

20 to human beings or to address an emer21 gency. 

22 ‘‘(3) COVERED HIGHWAY CONSTRUCTION

23 PROJECT.— 

24 ‘‘(A) IN GENERAL.—The term ‘covered 

25 highway construction project’ means a FederalVerDate Mar 15 2010 04:35 May 19, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S972.IS S972

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1 aid highway construction project carried out 

2 under this title or any other Federal law. 

3 ‘‘(B) INCLUSIONS.—The term ‘covered 

4 highway construction project’ includes— 

5 ‘‘(i) projects funded, in whole or in 

6 part, by amounts from the Highway Trust 

7 Fund; and 

8 ‘‘(ii) projects funded, in whole or in 

9 part, by amounts from the general fund of 

10 the Treasury. 

11 ‘‘(4) DIESEL EMISSION CONTROL TECH12 NOLOGY.— 

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B), the term ‘diesel emission control 

15 technology’ means a technology that— 

16 ‘‘(i) is— 

17 ‘‘(I) a diesel exhaust control tech18 nology; 

19 ‘‘(II) a diesel engine upgrade; 

20 ‘‘(III) a diesel engine repower; or 

21 ‘‘(IV) an idle reduction control 

22 technology; and 

23 ‘‘(ii) reduces PM2.5 emissions from 

24 covered equipment by— 


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1 ‘‘(I) not less than 85 percent 

2 control of any emission of particulate 

3 matter; or 

4 ‘‘(II) the maximum achievable re5 duction of any emission of particulate 

6 matter. 

7 ‘‘(B) CRITERIA.— 

8 ‘‘(i) IN GENERAL.—To be considered 

9 a ‘diesel emission control technology’, the 

10 technology described in subparagraph 

11 (A)(i) shall meet the criteria described in 

12 clauses (ii) through (v), as applicable. 

13 ‘‘(ii) DIESEL EXHAUST CONTROL

14 TECHNOLOGY.—For a diesel exhaust con15 trol technology, the technology shall be— 

16 ‘‘(I) installed on a diesel engine 

17 or vehicle; 

18 ‘‘(II) included on a list of verified 

19 retrofit technologies maintained by 

20 the Environmental Protection Agency 

21 or the California Air Resources 

22 Board; and 

23 ‘‘(III) certified by the installer as 

24 having been installed in accordance 

25 with the specifications included on the 


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1 list referred to in subclause (II) for 

2 achieving a reduction in 1 or more air 

3 quality criteria for air pollutants 

4 under section 109 of the Clean Air 

5 Act (42 U.S.C. 7409). 

6 ‘‘(iii) DIESEL ENGINE UPGRADE.— 

7 For a diesel engine upgrade, the upgrade 

8 shall be performed on an engine that is— 

9 ‘‘(I) rebuilt using new compo10 nents that collectively appear as a sys11 tem, such as a kit, on a list of verified 

12 retrofit technologies maintained by 

13 the Environmental Protection Agency 

14 or the California Air Resources 

15 Board; and 

16 ‘‘(II) certified by the installer to 

17 have been installed in accordance with 

18 the specifications included on the list 

19 referred to in subclause (I) for achiev20 ing a reduction in 1 or more air qual21 ity criteria for air pollutants under 

22 section 109 of the Clean Air Act (42 

23 U.S.C. 7409). 

24 ‘‘(iv) DIESEL ENGINE REPOWER.— 

25 For a diesel engine repower, the repower 


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1 shall be conducted on a new or remanufac2 tured diesel engine that is— 

3 ‘‘(I) installed as a replacement 

4 for an engine used in the existing 

5 equipment, subject to the condition 

6 that the replaced engine is— 

7 ‘‘(aa) used for scrap; 

8 ‘‘(bb) permanently disabled; 

9 or 

10 ‘‘(cc) returned to the origi11 nal manufacturer for remanufac12 ture to a PM level that is at least 

13 equivalent to a Tier 2 emission 

14 standard; and 

15 ‘‘(II) certified by the engine man16 ufacturer as meeting the emission 

17 standards for new vehicles for the ap18 plicable engine power group estab19 lished by the Environmental Protec20 tion Agency as in effect on the date 

21 on which the engine is remanufac22 tured. 

23 ‘‘(v) IDLE REDUCTION CONTROL

24 TECHNOLOGY.—For an idle reduction con25 trol technology, the technology shall be— 


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1 ‘‘(I) installed on a diesel engine 

2 or vehicle; 

3 ‘‘(II) included on a list of verified 

4 retrofit technologies maintained by 

5 the Environmental Protection Agency 

6 or the California Air Resources 

7 Board; and 

8 ‘‘(III) certified by the installer as 

9 having been installed in accordance 

10 with the specifications included on the 

11 list referred to in subclause (II) for 

12 achieving a reduction in 1 or more air 

13 quality criteria for air pollutants 

14 under section 109 of the Clean Air 

15 Act (42 U.S.C. 7409). 

16 ‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible en17 tity’ means an entity that has entered into a prime 

18 contract or agreement with a State to carry out a 

19 covered highway construction project. 

20 ‘‘(6) OFF-ROAD DIESEL EQUIPMENT.— 

21 ‘‘(A) IN GENERAL.—The term ‘off-road 

22 diesel equipment’ means a vehicle, including 

23 covered equipment, that is— 

24 ‘‘(i) powered by a nonroad diesel en25 gine of not less than 50 horsepower; and 


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1 ‘‘(ii) not intended for highway use. 

2 ‘‘(B) INCLUSIONS.—The term ‘off-road 

3 diesel equipment’ includes a backhoe, bulldozer, 

4 compressor, crane, excavator, generator, and 

5 similar equipment. 

6 ‘‘(C) EXCLUSIONS.—The term ‘off-road 

7 diesel equipment’ does not include a locomotive 

8 or marine vessel. 

9 ‘‘(7) ON-ROAD DIESEL EQUIPMENT.—The term 

10 ‘on-road diesel equipment’ means any self-propelled 

11 vehicle that— 

12 ‘‘(A) operates on diesel fuel; 

13 ‘‘(B) is designed to transport persons or 

14 property on a street or highway; and 

15 ‘‘(C) has a gross vehicle weight rating of at 

16 least 14,000 pounds. 

17 ‘‘(8) PM2.5 NONATTAINMENT OR MAINTENANCE

18 AREA.—The term ‘PM2.5 nonattainment or mainte19 nance area’ means a nonattainment or maintenance 

20 area designated under section 107(d)(6) of the 

21 Clean Air Act (42 U.S.C. 7407(d)(6)). 

22 ‘‘(b) HIGHWAY CONSTRUCTION PROJECTS FOR PM2.5

23 NONATTAINMENT AND MAINTENANCE AREAS.—Subject 

24 to subsection (c)(2), all covered equipment used on a cov25 ered highway construction project within a PM2.5 nonVerDate Mar 15 2010 04:35 May 19, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S972.IS S972

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1 attainment or maintenance area shall have installed and 

2 employ diesel emission control technology. 

3 ‘‘(c) FUNDING FOR COSTS OF ACQUIRING AND IN4 STALLING EMISSION CONTROL TECHNOLOGY.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall ap6 prove as part of the Federal share of the cost of a 

7 covered highway construction project an amount 

8 equal to the amount required to be expended under 

9 paragraph (2) for the purpose of acquiring and in10 stalling diesel emission control technology. 

11 ‘‘(2) REQUIRED EXPENDITURE.—A State shall 

12 be in compliance with subsection (b) with respect to 

13 a covered highway construction project, if, in order 

14 to comply with subsection (b), the State expends an 

15 amount that is equal to the lesser of— 

16 ‘‘(A) 1 percent of the cost of the project; 

17 or 

18 ‘‘(B) the amount necessary to install diesel 

19 emission control technology on all covered 

20 equipment used on the project. 

21 ‘‘(3) USE OF AMOUNTS.—A State may use 

22 amounts provided to the State under section 149 to 

23 meet the requirements of subsection (b). 

24 ‘‘(d) IMPLEMENTATION.— 


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1 ‘‘(1) PLAN FOR ELIGIBLE ENTITIES.—As soon 

2 as practicable after the date on which a State 

3 awards a construction contract for a covered high4 way construction project to an eligible entity, the eli5 gible entity shall submit to the State a written plan 

6 that includes— 

7 ‘‘(A) an estimate of the quantity of equip8 ment that the eligible entity intends to operate 

9 onsite; 

10 ‘‘(B) any relevant information on each 

11 piece of equipment the eligible entity intends to 

12 operate onsite, including— 

13 ‘‘(i) the vehicle serial number, identi14 fier, type, manufacturer, model, and model 

15 year; and 

16 ‘‘(ii) the engine serial number, manu17 facturer, model, engine family, model year, 

18 horsepower, and displacement; 

19 ‘‘(C) an estimate of the number of hours 

20 that the eligible entity expects to operate each 

21 piece of equipment onsite; 

22 ‘‘(D) the options for modifying any covered 

23 equipment to employ diesel emission control 

24 technology, including— 


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1 ‘‘(i) an itemized estimate of the rea2 sonable expected cost of modifying each 

3 piece of covered equipment to reduce the 

4 emissions of that equipment; 

5 ‘‘(ii) a reasonable estimate of the 

6 emission reduction that would directly re7 sult from each modification; 

8 ‘‘(iii) a reasonable estimate of the 

9 time required to perform each modifica10 tion; and 

11 ‘‘(iv) a reasonable estimate of the im12 pact that each modification would have on 

13 the schedule of the covered highway con14 struction project; and 

15 ‘‘(E) at the discretion of the eligible entity, 

16 the options for modifying equipment that is not 

17 covered equipment to employ diesel emission 

18 control technology, including the estimates re19 quired under clauses (i), (ii), (iii), and (iv) of 

20 subparagraph (D). 

21 ‘‘(2) SUPPLEMENTAL PLAN FOR SUBCONTRAC22 TORS.—If the total estimated cost of the modifica23 tions described in paragraph (1)(D) that is sub24 mitted by an eligible entity to a State in accordance 

25 with paragraph (1) is less than the amount required 


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1 to be expended by the eligible entity under sub2 section (c)(2)(A), the eligible entity shall submit to 

3 the State a supplemental written plan that includes, 

4 with respect to the equipment that a subcontractor 

5 of the eligible entity intends to operate onsite, the 

6 information required to be submitted under para7 graph (1). 

8 ‘‘(3) BIDDER REQUIREMENTS.—By change 

9 order and in accordance with the requirements and 

10 procedures of this subsection, a State shall require 

11 the successful bidder of a covered highway construc12 tion project to install and use diesel emission control 

13 technology on the pieces of covered equipment se14 lected by the State as having the greatest potential 

15 of meeting the requirements of subsection (b). 

16 ‘‘(4) STRUCTURE OF CHANGE ORDER.—A State 

17 may structure a change order as the State deter18 mines to be necessary, if the State determines that 

19 the change order does not— 

20 ‘‘(A) materially delay the commencement 

21 of construction of the covered highway con22 struction project; 

23 ‘‘(B) materially increase the time required 

24 to carry out the covered highway construction 

25 project; 


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1 ‘‘(C) cause any material interruption of the 

2 covered highway construction project; 

3 ‘‘(D) increase any risk to the safety or 

4 health of any construction worker of the cov5 ered highway construction project; or 

6 ‘‘(E) result in the successful bidder for the 

7 covered highway construction project recovering 

8 less than 100 percent of the cost of imple9 menting each diesel emission control technology. 

10 ‘‘(e) SAVINGS CLAUSE.—Nothing in this section 

11 modifies or otherwise affects any authority or restrictions 

12 established under the Clean Air Act (42 U.S.C. 7401 et 

13 seq.).’’. 

14 (b) APPLICABILITY.—Section 330 of title 23, United 

15 States Code, as added by this section, shall apply to each 

16 highway construction project that is initiated, as deter17 mined by the Secretary, after the date that is 30 days 

18 after the date of enactment of this Act. 

19 (c) TECHNICAL AMENDMENT.—The analysis for 

20 chapter 3 of title 23, United States Code is amended by 

21 adding at the end the following: 

‘‘Sec. 330. Construction equipment and vehicles.’’. 


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1 SEC. 3. PUBLIC TRANSPORTATION CONSTRUCTION 

2 PROJECTS. 

3 (a) IN GENERAL.—Chapter 53 of title 49, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 5341. Construction equipment and vehicles 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) CHANGE ORDER.—The term ‘change 

9 order’ means a written document that— 

10 ‘‘(A) modifies any provision of a contract 

11 to carry out a covered public transportation 

12 construction project; and 

13 ‘‘(B) is issued by a recipient that is a 

14 party to that contract to implement a diesel 

15 emission control technology. 

16 ‘‘(2) COVERED EQUIPMENT.— 

17 ‘‘(A) IN GENERAL.—The term ‘covered 

18 construction equipment’ means any off-road 

19 diesel equipment and any on-road diesel equip20 ment that is operated on a covered public trans21 portation construction project for not less than 

22 80 hours over the life of the project. 

23 ‘‘(B) EXCLUSIONS.—The term ‘covered 

24 construction equipment’ does not include— 

25 ‘‘(i) equipment with an engine that 

26 meets or exceeds any particulate matter 


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1 emission standards for the applicable en2 gine power group issued by the Environ3 mental Protection Agency relating to par4 ticulate matter exhaust for new diesel en5 gines that are in effect on the date on 

6 which the public transportation construc7 tion project commences; 

8 ‘‘(ii) equipment with a diesel exhaust 

9 control technology that was installed dur10 ing the 6-year period ending on the date of 

11 award of the contract for the covered pub12 lic transportation construction project; 

13 ‘‘(iii) large cranes, such as Sky cranes 

14 or Link Belt crashes, that are responsible 

15 for critical lift operations, if the emission 

16 control technology would adversely affect 

17 lift capacity; and 

18 ‘‘(iv) additional or replacement equip19 ment brought on the job site after work 

20 has commenced to prevent or remedy harm 

21 to human beings or to address an emer22 gency. 

23 ‘‘(3) COVERED PUBLIC TRANSPORTATION CON24 STRUCTION PROJECT.— 


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1 ‘‘(A) IN GENERAL.—The term ‘covered 

2 public transportation construction project’ 

3 means a project that receives Federal funding 

4 for the construction of a public transportation 

5 facility. 

6 ‘‘(B) INCLUSIONS.—The term ‘covered 

7 public transportation construction project’ in8 cludes— 

9 ‘‘(i) projects funded, in whole or in 

10 part, by amounts from the Mass Transit 

11 Account of the Highway Trust Fund; and 

12 ‘‘(ii) projects funded, in whole or in 

13 part, by amounts from the general fund of 

14 the Treasury. 

15 ‘‘(4) DIESEL EMISSION CONTROL TECH16 NOLOGY.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), the term ‘diesel emission control 

19 technology’ means a technology that— 

20 ‘‘(i) is— 

21 ‘‘(I) a diesel exhaust control tech22 nology; 

23 ‘‘(II) a diesel engine upgrade; 

24 ‘‘(III) a diesel engine repower; or 


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1 ‘‘(IV) an idle reduction control 

2 technology; and 

3 ‘‘(ii) reduces PM2.5 emissions from 

4 covered equipment by— 

5 ‘‘(I) not less than 85 percent 

6 control of any emission of particulate 

7 matter; or 

8 ‘‘(II) the maximum achievable re9 duction of any emission of particulate 

10 matter. 

11 ‘‘(B) CRITERIA.— 

12 ‘‘(i) IN GENERAL.—To be considered 

13 a ‘diesel emission control technology’, the 

14 technology described in subparagraph 

15 (A)(i) shall meet the criteria described in 

16 clauses (ii) through (v), as applicable. 

17 ‘‘(ii) DIESEL EXHAUST CONTROL

18 TECHNOLOGY.—For a diesel exhaust con19 trol technology, the technology shall be— 

20 ‘‘(I) installed on a diesel engine 

21 or vehicle; 

22 ‘‘(II) included on a list of verified 

23 retrofit technologies maintained by 

24 the Environmental Protection Agency 


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1 or the California Air Resources 

2 Board; and 

3 ‘‘(III) certified by the installer as 

4 having been installed in accordance 

5 with the specifications included on the 

6 list referred to in subclause (II) for 

7 achieving a reduction in 1 or more air 

8 quality criteria for air pollutants 

9 under section 109 of the Clean Air 

10 Act (42 U.S.C. 7409). 

11 ‘‘(iii) DIESEL ENGINE UPGRADE.— 

12 For a diesel engine upgrade, the upgrade 

13 shall be performed on an engine that is— 

14 ‘‘(I) rebuilt using new compo15 nents that collectively appear as a sys16 tem, such as a kit, on a list of verified 

17 retrofit technologies maintained by 

18 the Environmental Protection Agency 

19 or the California Air Resources 

20 Board; and 

21 ‘‘(II) certified by the installer to 

22 have been installed in accordance with 

23 the specifications included on the list 

24 referred to in subclause (I) for achiev25 ing a reduction in 1 or more air qualVerDate Mar 15 2010 04:35 May 19, 2011 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S972.IS S972

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1 ity criteria for air pollutants under 

2 section 109 of the Clean Air Act (42 

3 U.S.C. 7409). 

4 ‘‘(iv) DIESEL ENGINE REPOWER.— 

5 For a diesel engine repower, the repower 

6 shall be conducted on a new or remanufac7 tured diesel engine that is— 

8 ‘‘(I) installed as a replacement 

9 for an engine used in the existing 

10 equipment, subject to the condition 

11 that the replaced engine is— 

12 ‘‘(aa) used for scrap; 

13 ‘‘(bb) permanently disabled; 

14 or 

15 ‘‘(cc) returned to the origi16 nal manufacturer for remanufac17 ture to a PM level that is at least 

18 equivalent to a Tier 2 emission 

19 standard; and 

20 ‘‘(II) certified by the engine man21 ufacturer as meeting the emission 

22 standards for new vehicles for the ap23 plicable engine power group estab24 lished by the Environmental Protec25 tion Agency as in effect on the date 


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1 on which the engine is remanufac2 tured. 

3 ‘‘(v) IDLE REDUCTION CONTROL

4 TECHNOLOGY.—For an idle reduction con5 trol technology, the technology shall be— 

6 ‘‘(I) installed on a diesel engine 

7 or vehicle; 

8 ‘‘(II) included on a list of verified 

9 retrofit technologies maintained by 

10 the Environmental Protection Agency 

11 or the California Air Resources 

12 Board; and 

13 ‘‘(III) certified by the installer as 

14 having been installed in accordance 

15 with the specifications included on the 

16 list referred to in subclause (II) for 

17 achieving a reduction in 1 or more air 

18 quality criteria for air pollutants 

19 under section 109 of the Clean Air 

20 Act (42 U.S.C. 7409). 

21 ‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible en22 tity’ means an entity that has entered into a prime 

23 contract or agreement with a recipient to carry out 

24 a covered public transportation construction project. 

25 ‘‘(6) OFF-ROAD DIESEL EQUIPMENT.— 


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1 ‘‘(A) IN GENERAL.—The term ‘off-road 

2 diesel equipment’ means a vehicle, including 

3 covered equipment, that is— 

4 ‘‘(i) powered by a nonroad diesel en5 gine of not less than 50 horsepower; and 

6 ‘‘(ii) not intended for highway use. 

7 ‘‘(B) INCLUSIONS.—The term ‘off-road 

8 diesel equipment’ includes a backhoe, bulldozer, 

9 compressor, crane, excavator, generator, and 

10 similar equipment. 

11 ‘‘(C) EXCLUSIONS.—The term ‘off-road 

12 diesel equipment’ does not include a locomotive 

13 or marine vessel. 

14 ‘‘(7) ON-ROAD DIESEL EQUIPMENT.—The term 

15 ‘on-road diesel equipment’ means any self-propelled 

16 vehicle that— 

17 ‘‘(A) operates on diesel fuel; 

18 ‘‘(B) is designed to transport persons or 

19 property on a street or highway; and 

20 ‘‘(C) has a gross vehicle weight rating of at 

21 least 14,000 pounds. 

22 ‘‘(8) PM2.5 NONATTAINMENT OR MAINTENANCE

23 AREA.—The term ‘PM2.5 nonattainment or mainte24 nance area’ means a nonattainment or maintenance 


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1 area designated under section 107(d)(6) of the 

2 Clean Air Act (42 U.S.C. 7407(d)(6)). 

3 ‘‘(9) RECIPIENT.—The term ‘recipient’ means 

4 an entity that receives Federal funding to carry out 

5 a covered public transportation construction project. 

6 ‘‘(b) PUBLIC TRANSPORTATION CONSTRUCTION

7 PROJECTS FOR PM2.5 NONATTAINMENT AND MAINTE8 NANCE AREAS.—Subject to subsection (c)(2), all covered 

9 equipment used on a covered public transportation con10 struction project within a PM2.5 nonattainment or mainte11 nance area shall have installed and employ diesel emission 

12 control technology. 

13 ‘‘(c) FUNDING FOR COSTS OF ACQUIRING AND IN14 STALLING EMISSION CONTROL TECHNOLOGY.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall ap16 prove as part of the Federal share of the cost of a 

17 covered public transportation construction project an 

18 amount equal to the amount required to be expended 

19 under paragraph (2) for the purpose of acquiring 

20 and installing diesel emission control technology. 

21 ‘‘(2) REQUIRED EXPENDITURE.—A recipient 

22 shall be in compliance with subsection (b) with re23 spect to a covered public transportation construction 

24 project if, in order to comply with subsection (b), the 


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1 recipient expends an amount that is equal to the 

2 lesser of— 

3 ‘‘(A) 1 percent of the cost of the project; 

4 or 

5 ‘‘(B) the amount necessary to install emis6 sion control technology on all covered equip7 ment used on the project. 

8 ‘‘(3) USE OF AMOUNTS.—A recipient may use 

9 amounts provided to the recipient under section 149 

10 of title 23, United States Code, to meet the require11 ments of subsection (b). 

12 ‘‘(d) IMPLEMENTATION.— 

13 ‘‘(1) PLAN FOR ELIGIBLE ENTITIES.—As soon 

14 as practicable after the date on which a recipient 

15 awards a construction contract for a covered public 

16 transportation construction project to an eligible en17 tity, the eligible entity shall submit to the recipient 

18 a written plan that includes— 

19 ‘‘(A) an estimate of the quantity of equip20 ment that the eligible entity intends to operate 

21 onsite; 

22 ‘‘(B) any relevant information on each 

23 piece of equipment the eligible entity intends to 

24 operate onsite, including— 


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1 ‘‘(i) the vehicle serial number, identi2 fier, type, manufacturer, model, and model 

3 year; and 

4 ‘‘(ii) the engine serial number, manu5 facturer, model, engine family, model year, 

6 horsepower, and displacement; 

7 ‘‘(C) an estimate of the number of hours 

8 that the eligible entity expects to operate each 

9 piece of equipment onsite; 

10 ‘‘(D) the options for modifying any covered 

11 equipment to employ diesel emission control 

12 technology, including— 

13 ‘‘(i) an itemized estimate of the rea14 sonable expected cost of modifying each 

15 piece of covered equipment to reduce the 

16 emissions of that equipment; 

17 ‘‘(ii) a reasonable estimate of the 

18 emission reduction that would directly re19 sult from each modification; 

20 ‘‘(iii) a reasonable estimate of the 

21 time required to perform each modifica22 tion; and 

23 ‘‘(iv) a reasonable estimate of the im24 pact that each modification would have on 


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1 the schedule of the covered public trans2 portation construction project; and 

3 ‘‘(E) at the discretion of the eligible entity, 

4 the options for modifying equipment that is not 

5 covered equipment to employ diesel emission 

6 control technology, including the estimates re7 quired under clauses (i), (ii), (iii), and (iv) of 

8 subparagraph (D). 

9 ‘‘(2) SUPPLEMENTAL PLAN FOR SUBCONTRAC10 TORS.—If the total estimated cost of the modifica11 tions described in paragraph (1)(D) that is sub12 mitted by an eligible entity to a recipient in accord13 ance with paragraph (1) is less than the amount re14 quired to be expended by the eligible entity under 

15 subsection (c)(2)(A), the eligible entity shall submit 

16 to the recipient a supplemental written plan that in17 cludes, with respect to the equipment that a subcon18 tractor of the eligible entity intends to operate on19 site, the information required to be submitted under 

20 paragraph (1). 

21 ‘‘(3) BIDDER REQUIREMENTS.—By change 

22 order and in accordance with the requirements and 

23 procedures of this subsection, a recipient shall re24 quire the successful bidder of a covered public trans25 portation construction project to install and employ 


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1 diesel emission control technology on the pieces of 

2 covered equipment selected by the recipient as hav3 ing the greatest potential of meeting the require4 ments of subsection (b). 

5 ‘‘(4) STRUCTURE OF CHANGE ORDER.—A re6 cipient may structure a change order as the recipi7 ent determines to be necessary, if the recipient de8 termines that the change order does not— 

9 ‘‘(A) materially delay the commencement 

10 of construction of the covered public transpor11 tation construction project; 

12 ‘‘(B) materially increase the time required 

13 to carry out the covered public transportation 

14 construction project; 

15 ‘‘(C) cause any material interruption of the 

16 covered public transportation construction 

17 project; 

18 ‘‘(D) increase any risk to the safety or 

19 health of any construction worker of the cov20 ered public transportation construction project; 

21 or 

22 ‘‘(E) result in the successful bidder for the 

23 covered public transportation construction 

24 project recovering less than 100 percent of the 


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1 cost of implementing each diesel emission con2 trol technology. 

3 ‘‘(e) SAVINGS CLAUSE.—Nothing in this section shall 

4 be construed to modify or otherwise affect any authority 

5 or restriction established under the Clean Air Act (42 

6 U.S.C. 7401 et seq.).’’. 

7 (b) APPLICABILITY.—Section 5341(b) of title 49, 

8 United States Code, as added by this section, shall apply 

9 to each public transportation construction project that is 

10 initiated, as determined by the Secretary of Transpor11 tation, after the date that is 30 days after the date of 

12 enactment of this Act. 

13 (c) CLERICAL AMENDMENT.—The analysis for chap14 ter 53 of title 49, United States Code, is amended by add15 ing at the end the following: 

‘‘5341. Construction equipment and vehicles.’’. 

16 SEC. 4. REPORT TO CONGRESS. 

17 (a) IN GENERAL.—Not later than 1 year after the 

18 date of enactment of this Act, the Secretary of Transpor19 tation shall submit to the Committee on Transportation 

20 and Infrastructure of the House of Representatives, the 

21 Committee on Environment and Public Works of the Sen22 ate, and the Committee on Banking, Housing, and Urban 

23 Affairs of the Senate a report that describes the manners 

24 by which section 330 of title 23, United States Code (as 

25 added by section 2 of this Act) and section 5341 of title 


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1 49, United States Code (as added by section 3 of this Act) 

2 have been implemented, including the quantity of covered 

3 equipment serviced under those sections and the costs as4 sociated with servicing the covered equipment. 

5 (b) INFORMATION FROM STATES.—The Secretary 

6 shall require States and recipients, as a condition of re7 ceiving amounts under this Act or under the provisions 

8 of any amendments made by this Act, to submit to the 

9 Secretary any information that the Secretary determines 

10 necessary to complete the report under subsection (a). 

Æ 


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