I 

111TH CONGRESS 

2D SESSION H. R. 6482 

To amend the Energy Policy Act of 2005 to reauthorize and modify provisions 

relating to the diesel emissions reduction program. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 2, 2010 

Ms. RICHARDSON (for herself and Ms. MATSUI) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Energy Policy Act of 2005 to reauthorize 

and modify provisions relating to the diesel emissions 

reduction program. 

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 ‘‘Diesel Emissions Re5 duction Act of 2010’’. 

6 SEC. 2. DIESEL EMISSIONS REDUCTION PROGRAM. 

7 (a) DEFINITIONS.—Section 791 of the Energy Policy 

8 Act of 2005 (42 U.S.C. 16131) is amended— 

9 (1) in paragraph (3)— 


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1 (A) in subparagraph (A), by striking 

2 ‘‘and’’ at the end; 

3 (B) in subparagraph (B), by striking the 

4 period at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(C) any private individual or entity 

7 that— 

8 ‘‘(i) is the owner of record of a diesel 

9 vehicle or fleet operated pursuant to a con10 tract, license, or lease with a Federal de11 partment or agency or an entity described 

12 in subparagraph (A); and 

13 ‘‘(ii) meets such timely and appro14 priate requirements as the Administrator 

15 may establish for vehicle use and for notice 

16 to and approval by the Federal department 

17 or agency or entity described in subpara18 graph (A) with respect to which the owner 

19 has entered into a contract, license, or 

20 lease as described in clause (i).’’; 

21 (2) in paragraph (4), by inserting ‘‘currently, or 

22 has not been previously,’’ after ‘‘that is not’’; 

23 (3) by striking paragraph (9); 

24 (4) by redesignating paragraph (8) as para25 graph (9); 


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1 (5) in paragraph (9) (as so redesignated), in 

2 the matter preceding subparagraph (A), by striking 

3 ‘‘, advanced truckstop electrification system,’’; and 

4 (6) by inserting after paragraph (7) the fol5 lowing: 

6 ‘‘(8) STATE.—The term ‘State’ means the sev7 eral States, the District of Columbia, the Common8 wealth of Puerto Rico, Guam, the United States Vir9 gin Islands, American Samoa, and the Common10 wealth of the Northern Mariana Islands.’’. 

11 (b) NATIONAL GRANT, REBATE, AND LOAN PRO12 GRAMS.—Section 792 of the Energy Policy Act of 2005 

13 (42 U.S.C. 16132) is amended— 

14 (1) in the section heading, by inserting ‘‘, RE15 BATE,’’ after ‘‘GRANT’’; 

16 (2) in subsection (a)— 

17 (A) in the matter preceding paragraph (1), 

18 by striking ‘‘to provide grants and low-cost re19 volving loans, as determined by the Adminis20 trator, on a competitive basis, to eligible enti21 ties’’ and inserting ‘‘to provide grants, rebates, 

22 or low-cost revolving loans, as determined by 

23 the Administrator, on a competitive basis, to el24 igible entities, including through contracts enVerDate Mar 15 2010 02:47 Dec 03, 2010 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6482.IH H6482

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1 tered into under subsection (e) of this section,’’; 

2 and 

3 (B) in paragraph (1), by striking ‘‘tons 

4 of’’; 

5 (3) in subsection (b)— 

6 (A) by striking paragraph (2); 

7 (B) by redesignating paragraph (3) as 

8 paragraph (2); and 

9 (C) in paragraph (2) (as so redesig10 nated)— 

11 (i) in subparagraph (A), in the matter 

12 preceding clause (i), by striking ‘‘90’’ and 

13 inserting ‘‘95’’; 

14 (ii) in subparagraph (B)(i), by strik15 ing ‘‘10 percent’’ and inserting ‘‘5 per16 cent’’; and 

17 (iii) in subparagraph (B)(ii), by strik18 ing ‘‘the application under subsection (c)’’ 

19 and inserting ‘‘a verification application’’; 

20 (4) in subsection (c)— 

21 (A) by redesignating paragraphs (2) and 

22 (3) as paragraphs (3) and (4), respectively; 

23 (B) by striking paragraph (1) and insert24 ing the following: 

25 ‘‘(1) EXPEDITED PROCESS.— 


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1 ‘‘(A) IN GENERAL.—The Administrator 

2 shall develop a simplified application process for 

3 all applicants under this section to expedite the 

4 provision of funds. 

5 ‘‘(B) REQUIREMENTS.—In developing the 

6 expedited process under subparagraph (A), the 

7 Administrator— 

8 ‘‘(i) shall take into consideration the 

9 special circumstances affecting small fleet 

10 owners; and 

11 ‘‘(ii) to avoid duplicative procedures, 

12 may require applicants to include in an ap13 plication under this section the results of a 

14 competitive bidding process for equipment 

15 and installation. 

16 ‘‘(2) ELIGIBILITY.— 

17 ‘‘(A) GRANTS.—To be eligible to receive a 

18 grant under this section, an eligible entity shall 

19 submit to the Administrator an application at 

20 such time, in such manner, and containing such 

21 information as the Administrator may require. 

22 ‘‘(B) REBATES AND LOW-COST LOANS.— 

23 To be eligible to receive a rebate or a low-cost 

24 loan under this section, an eligible entity shall 


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1 submit an application in accordance with such 

2 guidance as the Administrator may establish— 

3 ‘‘(i) to the Administrator; or 

4 ‘‘(ii) to an entity that has entered into 

5 a contract under subsection (e).’’; 

6 (C) in paragraph (3)(G) (as redesignated 

7 by subparagraph (A)), by inserting ‘‘in the case 

8 of an application relating to nonroad engines or 

9 vehicles,’’ before ‘‘a description of the diesel’’; 

10 and 

11 (D) in paragraph (4) (as redesignated by 

12 subparagraph (A))— 

13 (i) in the matter preceding subpara14 graph (A)— 

15 (I) by inserting ‘‘, rebate,’’ after 

16 ‘‘grant’’; and 

17 (II) by inserting ‘‘highest’’ after 

18 ‘‘shall give’’; 

19 (ii) in subparagraph (C)(iii)— 

20 (I) by striking ‘‘a diesel fleets’’ 

21 and inserting ‘‘diesel fleets’’; and 

22 (II) by inserting ‘‘construction 

23 sites, schools,’’ after ‘‘terminals,’’; 

24 (iii) in subparagraph (E), by adding 

25 ‘‘and’’ at the end; 


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1 (iv) in subparagraph (F), by striking 

2 ‘‘; and’’ and inserting a period; and 

3 (v) by striking subparagraph (G); 

4 (5) in subsection (d)— 

5 (A) in paragraph (1), in the matter pre6 ceding subparagraph (A), by inserting ‘‘, re7 bate,’’ after ‘‘grant’’; and 

8 (B) in paragraph (2)(A)— 

9 (i) by striking ‘‘grant or loan pro10 vided’’ and inserting ‘‘grant, rebate, or 

11 loan provided, or contract entered into,’’; 

12 and 

13 (ii) by striking ‘‘Federal, State or 

14 local law’’ and inserting ‘‘any Federal law, 

15 except that this subparagraph shall not 

16 apply to a mandate in a State implementa17 tion plan approved by the Administrator 

18 under the Clean Air Act’’; and 

19 (6) by adding at the end the following: 

20 ‘‘(e) CONTRACT PROGRAMS.— 

21 ‘‘(1) AUTHORITY.—In addition to the use of 

22 contracting authority otherwise available to the Ad23 ministrator, the Administrator may enter into con24 tracts with eligible contractors described in para25 graph (2) for the administration of programs for 


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1 providing rebates or loans, subject to the require2 ments of this subtitle. 

3 ‘‘(2) ELIGIBLE CONTRACTORS.—The Adminis4 trator may enter into a contract under this sub5 section with a for-profit or nonprofit entity that has 

6 the capacity— 

7 ‘‘(A) to sell diesel vehicles or equipment to, 

8 or to arrange financing for, individuals or enti9 ties that own a diesel vehicle or fleet; or 

10 ‘‘(B) to upgrade diesel vehicles or equip11 ment with verified or Environmental Protection 

12 Agency-certified engines or technologies, or to 

13 arrange financing for such upgrades. 

14 ‘‘(f) PUBLIC NOTIFICATION.—Not later than 60 days 

15 after the date of the award of a grant, rebate, or loan, 

16 the Administrator shall publish on the website of the Envi17 ronmental Protection Agency— 

18 ‘‘(1) for rebates and loans provided to the 

19 owner of a diesel vehicle or fleet, the total number 

20 and dollar amount of rebates or loans provided, as 

21 well as a breakdown of the technologies funded 

22 through the rebates or loans; and 

23 ‘‘(2) for other rebates and loans, and for 

24 grants, a description of each application for which 

25 the grant, rebate, or loan is provided.’’. 


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1 (c) STATE GRANT, REBATE, AND LOAN PRO2 GRAMS.—Section 793 of the Energy Policy Act of 2005 

3 (42 U.S.C. 16133) is amended— 

4 (1) in the section heading, by inserting ‘‘, RE5 BATE,’’ after ‘‘GRANT’’; 

6 (2) in subsection (a), by inserting ‘‘, rebate,’’ 

7 after ‘‘grant’’; 

8 (3) in subsection (b)(1), by inserting ‘‘, rebate,’’ 

9 after ‘‘grant’’; 

10 (4) by amending subsection (c)(2) to read as 

11 follows: 

12 ‘‘(2) ALLOCATION.— 

13 ‘‘(A) IN GENERAL.—Except as provided in 

14 subparagraphs (B) and (C), using not more 

15 than 20 percent of the funds made available to 

16 carry out this subtitle for a fiscal year, the Ad17 ministrator shall provide to each State qualified 

18 for an allocation for the fiscal year an allocation 

equal to 1 19 ⁄53 of the funds made available for 

20 that fiscal year for distribution to States under 

21 this paragraph. 

22 ‘‘(B) CERTAIN TERRITORIES.— 

23 ‘‘(i) IN GENERAL.—Except as pro24 vided in clause (ii), Guam, the United 

25 States Virgin Islands, American Samoa, 


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1 and the Commonwealth of the Northern 

2 Mariana Islands shall collectively receive 

an allocation equal to 1 3 ⁄53 of the funds 

4 made available for that fiscal year for dis5 tribution to States under this subsection, 

6 divided equally among those 4 States. 

7 ‘‘(ii) EXCEPTION.—If any State de8 scribed in clause (i) does not qualify for an 

9 allocation under this paragraph, the share 

10 of funds otherwise allocated for that State 

11 under clause (i) shall be reallocated pursu12 ant to subparagraph (C). 

13 ‘‘(C) REALLOCATION.—If any State does 

14 not qualify for an allocation under this para15 graph, the share of funds otherwise allocated 

16 for that State under this paragraph shall be re17 allocated to each remaining qualified State in 

18 an amount equal to the product obtained by 

19 multiplying— 

20 ‘‘(i) the proportion that the population 

21 of the State bears to the population of all 

22 States described in paragraph (1); by 

23 ‘‘(ii) the amount otherwise allocatable 

24 to the nonqualifying State under this para25 graph.’’; 


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1 (5) in subsection (d)— 

2 (A) in paragraph (1), by inserting ‘‘, re3 bate,’’ after ‘‘grant’’; 

4 (B) in paragraph (2), by inserting ‘‘, re5 bates,’’ after ‘‘grants’’; 

6 (C) in paragraph (3), in the matter pre7 ceding subparagraph (A), by striking ‘‘grant or 

8 loan provided under this section may be used’’ 

9 and inserting ‘‘grant, rebate, or loan provided 

10 under this section shall be used’’; and 

11 (D) by adding at the end the following: 

12 ‘‘(4) PRIORITY.—In providing grants, rebates, 

13 and loans under this section, a State shall use the 

14 priorities in section 792(c)(4). 

15 ‘‘(5) PUBLIC NOTIFICATION.—Not later than 

16 60 days after the date of the award of a grant, re17 bate, or loan by a State, the State shall publish on 

18 the Web site of the State— 

19 ‘‘(A) for rebates, grants, and loans pro20 vided to the owner of a diesel vehicle or fleet, 

21 the total number and dollar amount of rebates, 

22 grants, or loans provided, as well as a break23 down of the technologies funded through the re24 bates, grants, or loans; and 


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1 ‘‘(B) for other rebates, grants, and loans, 

2 a description of each application for which the 

3 grant, rebate, or loan is provided.’’. 

4 (d) EVALUATION AND REPORT.—Section 794(b) of 

5 the Energy Policy Act of 2005 (42 U.S.C. 16134(b)) is 

6 amended in each of paragraphs (2) through (5) by insert7 ing ‘‘, rebate,’’ after ‘‘grant’’ each place it appears. 

8 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

9 797 of the Energy Policy Act of 2005 (42 U.S.C. 16137) 

10 is amended to read as follows: 

11 ‘‘SEC. 797. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘(a) IN GENERAL.—There is authorized to be appro13 priated to carry out this subtitle $200,000,000 for each 

14 of fiscal years 2012 through 2016, to remain available 

15 until expended. 

16 ‘‘(b) MANAGEMENT AND OVERSIGHT.—The Adminis17 trator may use not more than 1 percent of the amounts 

18 made available under subsection (a) for each fiscal year 

19 for management and oversight purposes.’’. 

Æ 


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