```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3122 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3122

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 HOUSE OF REPRESENTATIVES

                            October 6, 2011

Mr. Hanna (for himself and Ms. Edwards) introduced the following bill; 
       which was referred to the Committee on Transportation and 
    Infrastructure, and in addition to the Committee on Energy and 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 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.

    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 ``Clean Construction Act of 2011''.

SEC. 2. HIGHWAY CONSTRUCTION PROJECTS.

    (a) In General.--Chapter 3 of title 23, United States Code is 
amended by adding at the end the following:
``Sec. 330. Construction equipment and vehicles
    ``(a) Definitions.--In this section:
            ``(1) Change order.--The term `change order' means a 
        written document that--
                    ``(A) modifies any provision of a contract to carry 
                out a covered highway construction project; and
                    ``(B) is issued by a State transportation 
                department that is a party to that contract to 
                implement a diesel emission control technology.
            ``(2) Covered equipment.--
                    ``(A) In general.--The term `covered construction 
                equipment' means any off-road diesel equipment and any 
                on-road diesel equipment that is operated on a covered 
                highway construction project for not less than 80 hours 
                over the life of the project.
                    ``(B) Exclusions.--The term `covered construction 
                equipment' does not include--
                            ``(i) equipment with an engine that meets 
                        or exceeds any particulate matter emission 
                        standards for the applicable engine power group 
                        issued by the Environmental Protection Agency 
                        relating to particulate matter exhaust for new 
                        diesel engines that are in effect on the date 
                        on which the highway construction project 
                        commences;
                            ``(ii) equipment with diesel exhaust 
                        control technology that was installed during 
                        the 6-year period ending on the date of award 
                        of the contract for the covered highway 
                        construction project;
                            ``(iii) large cranes, such as Sky cranes or 
                        Link Belt crashes, that are responsible for 
                        critical lift operations, if the emission 
                        control technology would adversely affect lift 
                        capacity; and
                            ``(iv) additional or replacement equipment 
                        brought on the job site after work has 
                        commenced to prevent or remedy harm to human 
                        beings or to address an emergency.
            ``(3) Covered highway construction project.--
                    ``(A) In general.--The term `covered highway 
                construction project' means a Federal-aid highway 
                construction project carried out under this title or 
                any other Federal law.
                    ``(B) Inclusions.--The term `covered highway 
                construction project' includes--
                            ``(i) projects funded, in whole or in part, 
                        by amounts from the Highway Trust Fund; and
                            ``(ii) projects funded, in whole or in 
                        part, by amounts from the general fund of the 
                        Treasury.
                    ``(C) Exclusions.--Notwithstanding any other 
                provision of this paragraph, the term `covered highway 
                construction project' does not include a project with a 
                total budgeted cost of $5,000,000 or less that an 
                applicable State has elected to exclude from treatment 
                as a covered highway construction project for purposes 
                of this paragraph.
            ``(4) Diesel emission control technology.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term `diesel emission control technology' means a 
                technology that--
                            ``(i) is--
                                    ``(I) a diesel exhaust control 
                                technology;
                                    ``(II) a diesel engine upgrade;
                                    ``(III) a diesel engine repower; or
                                    ``(IV) an idle reduction control 
                                technology; and
                            ``(ii) reduces PM<INF>2.5</INF> emissions 
                        from covered equipment by--
                                    ``(I) not less than 85 percent 
                                control of any emission of particulate 
                                matter; or
                                    ``(II) the maximum achievable 
                                reduction of any emission of 
                                particulate matter.
                    ``(B) Criteria.--
                            ``(i) In general.--To be considered a 
                        `diesel emission control technology', the 
                        technology described in subparagraph (A)(i) 
                        shall meet the criteria described in clauses 
                        (ii) through (v), as applicable.
                            ``(ii) Diesel exhaust control technology.--
                        For a diesel exhaust control technology, the 
                        technology shall be--
                                    ``(I) installed on a diesel engine 
                                or vehicle;
                                    ``(II) included on a list of 
                                verified retrofit technologies 
                                maintained by the Environmental 
                                Protection Agency or the California Air 
                                Resources Board; and
                                    ``(III) certified by the installer 
                                as having been installed in accordance 
                                with the specifications included on the 
                                list referred to in subclause (II) for 
                                achieving a reduction in 1 or more air 
                                quality criteria for air pollutants 
                                under section 109 of the Clean Air Act 
                                (42 U.S.C. 7409).
                            ``(iii) Diesel engine upgrade.--For a 
                        diesel engine upgrade, the upgrade shall be 
                        performed on an engine that is--
                                    ``(I) rebuilt using new components 
                                that collectively appear as a system, 
                                such as a kit, on a list of verified 
                                retrofit technologies maintained by the 
                                Environmental Protection Agency or the 
                                California Air Resources Board; and
                                    ``(II) certified by the installer 
                                to have been installed in accordance 
                                with the specifications included on the 
                                list referred to in subclause (I) for 
                                achieving a reduction in 1 or more air 
                                quality criteria for air pollutants 
                                under section 109 of the Clean Air Act 
                                (42 U.S.C. 7409).
                            ``(iv) Diesel engine repower.--For a diesel 
                        engine repower, the repower shall be conducted 
                        using a new or remanufactured diesel engine 
                        that--
                                    ``(I) is installed as a replacement 
                                for an engine used in the existing 
                                equipment, subject to the condition 
                                that the replaced engine is--
                                            ``(aa) used for scrap;
                                            ``(bb) permanently 
                                        disabled; or
                                            ``(cc) returned to the 
                                        original manufacturer for 
                                        remanufacture; and
                                    ``(II) meets more stringent 
                                emissions standards than the engine 
                                replaced.
                            ``(v) Idle reduction control technology.--
                        For an idle reduction control technology, the 
                        technology shall be--
                                    ``(I) installed on a diesel engine 
                                or vehicle;
                                    ``(II) included on a list of 
                                verified retrofit technologies 
                                maintained by the Environmental 
                                Protection Agency or the California Air 
                                Resources Board; and
                                    ``(III) certified by the installer 
                                as having been installed in accordance 
                                with the specifications included on the 
                                list referred to in subclause (II) for 
                                achieving a reduction in 1 or more air 
                                quality criteria for air pollutants 
                                under section 109 of the Clean Air Act 
                                (42 U.S.C. 7409).
            ``(5) Eligible entity.--The term `eligible entity' means an 
        entity that has entered into a prime contract or agreement with 
        a State to carry out a covered highway construction project.
            ``(6) Off-road diesel equipment.--
                    ``(A) In general.--The term `off-road diesel 
                equipment' means a vehicle, including covered 
                equipment, that is--
                            ``(i) powered by a nonroad diesel engine of 
                        not less than 50 horsepower; and
                            ``(ii) not intended for highway use.
                    ``(B) Inclusions.--The term `off-road diesel 
                equipment' includes a backhoe, bulldozer, compressor, 
                crane, excavator, generator, and similar equipment.
                    ``(C) Exclusions.--The term `off-road diesel 
                equipment' does not include a locomotive or marine 
                vessel.
            ``(7) On-road diesel equipment.--The term `on-road diesel 
        equipment' means any self-propelled vehicle that--
                    ``(A) operates on diesel fuel;
                    ``(B) is designed to transport persons or property 
                on a street or highway; and
                    ``(C) has a gross vehicle weight rating of at least 
                14,000 pounds.
            ``(8) PM<INF>2.5</INF> nonattainment or maintenance area.--
        The term `PM<INF>2.5</INF> nonattainment or maintenance area' 
        means a nonattainment or maintenance area designated under 
        section 107(d)(6) of the Clean Air Act (42 U.S.C. 7407(d)(6)).
    ``(b) Highway Construction Projects for PM<INF>2.5</INF> 
Nonattainment and Maintenance Areas.--Subject to subsection (c)(2), all 
covered equipment used on a covered highway construction project within 
a PM<INF>2.5</INF> nonattainment or maintenance area shall have 
installed and employ diesel emission control technology.
    ``(c) Funding for Costs of Acquiring and Installing Emission 
Control Technology.--
            ``(1) In general.--The Secretary shall approve as part of 
        the Federal share of the cost of a covered highway construction 
        project an amount equal to the amount required to be expended 
        under paragraph (2) for the purpose of acquiring and installing 
        diesel emission control technology.
            ``(2) Required expenditure.--A State shall be in compliance 
        with subsection (b) with respect to a covered highway 
        construction project, if, in order to comply with subsection 
        (b), the State expends an amount that is equal to the lesser 
        of--
                    ``(A) 1 percent of the budgeted cost of the 
                project; or
                    ``(B) the amount necessary to install diesel 
                emission control technology on all covered equipment 
                used on the project.
            ``(3) Use of certain amounts.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, a State may obligate funds 
                apportioned to that State under section 104(b)(2) to 
                meet the requirements of subsection (b).
                    ``(B) Federal share.--The Federal share of the cost 
                of an activity carried out to meet the requirements of 
                subsection (b) shall be 100 percent if the activity is 
                carried out using funds apportioned under section 
                104(b)(2).
                    ``(C) Streamlined process.--A State may obligate 
                funds under subparagraph (A) without regard to any 
                process or other requirement established under section 
                149.
    ``(d) Implementation.--
            ``(1) Plan for eligible entities.--As soon as practicable 
        after the date on which a State awards a construction contract 
        for a covered highway construction project to an eligible 
        entity, the eligible entity shall submit to the State a written 
        plan that includes--
                    ``(A) an estimate of the quantity of equipment that 
                the eligible entity intends to operate onsite;
                    ``(B) any relevant information on each piece of 
                equipment the eligible entity intends to operate 
                onsite, including--
                            ``(i) the vehicle serial number, 
                        identifier, type, manufacturer, model, and 
                        model year; and
                            ``(ii) the engine serial number, 
                        manufacturer, model, engine family, model year, 
                        horsepower, and displacement;
                    ``(C) an estimate of the number of hours that the 
                eligible entity expects to operate each piece of 
                equipment onsite;
                    ``(D) the options for modifying any covered 
                equipment to employ diesel emission control technology, 
                including--
                            ``(i) an itemized estimate of the 
                        reasonable expected cost of modifying each 
                        piece of covered equipment to reduce the 
                        emissions of that equipment;
                            ``(ii) a reasonable estimate of the 
                        emission reduction that would directly result 
                        from each modification;
                            ``(iii) a reasonable estimate of the time 
                        required to perform each modification; and
                            ``(iv) a reasonable estimate of the impact 
                        that each modification would have on the 
                        schedule of the covered highway construction 
                        project; and
                    ``(E) at the discretion of the eligible entity, the 
                options for modifying equipment that is not covered 
                equipment to employ diesel emission control technology, 
                including the estimates required under clauses (i), 
                (ii), (iii), and (iv) of subparagraph (D).
            ``(2) Supplemental plan for subcontractors.--If the total 
        estimated cost of the modifications described in paragraph 
        (1)(D) that is submitted by an eligible entity to a State in 
        accordance with paragraph (1) is less than the amount required 
        to be expended by the eligible entity under subsection 
        (c)(2)(A), the eligible entity shall submit to the State a 
        supplemental written plan that includes, with respect to the 
        equipment that a subcontractor of the eligible entity intends 
        to operate onsite, the information required to be submitted 
        under paragraph (1).
            ``(3) Bidder requirements.--By change order and in 
        accordance with the requirements and procedures of this 
        subsection, a State shall require the successful bidder of a 
        covered highway construction project to install and use diesel 
        emission control technology on the pieces of covered equipment 
        selected by the State as having the greatest potential of 
        meeting the requirements of subsection (b).
            ``(4) Structure of change order.--A State may structure a 
        change order as the State determines to be necessary, if the 
        State determines that the change order does not--
                    ``(A) materially delay the commencement of 
                construction of the covered highway construction 
                project;
                    ``(B) materially increase the time required to 
                carry out the covered highway construction project;
                    ``(C) cause any material interruption of the 
                covered highway construction project;
                    ``(D) increase any risk to the safety or health of 
                any construction worker of the covered highway 
                construction project; or
                    ``(E) result in the successful bidder for the 
                covered highway construction project recovering less 
                than 100 percent of the cost of purchase and 
                installation of each diesel emission control 
                technology.
    ``(e) Savings Clause.--Nothing in this section modifies or 
otherwise affects any authority or restrictions established under the 
Clean Air Act (42 U.S.C. 7401 et seq.).''.
    (b) Applicability.--Section 330 of title 23, United States Code, as 
added by this section, shall apply to each highway construction project 
that is initiated, as determined by the Secretary, after the date that 
is 30 days after the date of enactment of this Act.
    (c) Technical Amendment.--The analysis for chapter 3 of title 23, 
United States Code is amended by adding at the end the following:

``Sec. 330. Construction equipment and vehicles.''.

SEC. 3. PUBLIC TRANSPORTATION CONSTRUCTION PROJECTS.

    (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 5341. Construction equipment and vehicles
    ``(a) Definitions.--In this section:
            ``(1) Change order.--The term `change order' means a 
        written document that--
                    ``(A) modifies any provision of a contract to carry 
                out a covered public transportation construction 
                project; and
                    ``(B) is issued by a recipient that is a party to 
                that contract to implement a diesel emission control 
                technology.
            ``(2) Covered equipment.--
                    ``(A) In general.--The term `covered construction 
                equipment' means any off-road diesel equipment and any 
                on-road diesel equipment that is operated on a covered 
                public transportation construction project for not less 
                than 80 hours over the life of the project.
                    ``(B) Exclusions.--The term `covered construction 
                equipment' does not include--
                            ``(i) equipment with an engine that meets 
                        or exceeds any particulate matter emission 
                        standards for the applicable engine power group 
                        issued by the Environmental Protection Agency 
                        relating to particulate matter exhaust for new 
                        diesel engines that are in effect on the date 
                        on which the public transportation construction 
                        project commences;
                            ``(ii) equipment with a diesel exhaust 
                        control technology that was installed during 
                        the 6-year period ending on the date of award 
                        of the contract for the covered public 
                        transportation construction project;
                            ``(iii) large cranes, such as Sky cranes or 
                        Link Belt crashes, that are responsible for 
                        critical lift operations, if the emission 
                        control technology would adversely affect lift 
                        capacity; and
                            ``(iv) additional or replacement equipment 
                        brought on the job site after work has 
                        commenced to prevent or remedy harm to human 
                        beings or to address an emergency.
            ``(3) Covered public transportation construction project.--
                    ``(A) In general.--The term `covered public 
                transportation construction project' means a project 
                that receives Federal funding for the construction of a 
                public transportation facility.
                    ``(B) Inclusions.--The term `covered public 
                transportation construction project' includes--
                            ``(i) projects funded, in whole or in part, 
                        by amounts from the Mass Transit Account of the 
                        Highway Trust Fund; and
                            ``(ii) projects funded, in whole or in 
                        part, by amounts from the general fund of the 
                        Treasury.
                    ``(C) Exclusions.--Notwithstanding any other 
                provision of this paragraph, the term `covered public 
                transportation construction project' does not include a 
                project with a total budgeted cost of $5,000,000 or 
                less that an applicable recipient has elected to 
                exclude from treatment as a covered public 
                transportation construction project for purposes of 
                this paragraph.
            ``(4) Diesel emission control technology.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term `diesel emission control technology' means a 
                technology that--
                            ``(i) is--
                                    ``(I) a diesel exhaust control 
                                technology;
                                    ``(II) a diesel engine upgrade;
                                    ``(III) a diesel engine repower; or
                                    ``(IV) an idle reduction control 
                                technology; and
                            ``(ii) reduces PM<INF>2.5</INF> emissions 
                        from covered equipment by--
                                    ``(I) not less than 85 percent 
                                control of any emission of particulate 
                                matter; or
                                    ``(II) the maximum achievable 
                                reduction of any emission of 
                                particulate matter.
                    ``(B) Criteria.--
                            ``(i) In general.--To be considered a 
                        `diesel emission control technology', the 
                        technology described in subparagraph (A)(i) 
                        shall meet the criteria described in clauses 
                        (ii) through (v), as applicable.
                            ``(ii) Diesel exhaust control technology.--
                        For a diesel exhaust control technology, the 
                        technology shall be--
                                    ``(I) installed on a diesel engine 
                                or vehicle;
                                    ``(II) included on a list of 
                                verified retrofit technologies 
                                maintained by the Environmental 
                                Protection Agency or the California Air 
                                Resources Board; and
                                    ``(III) certified by the installer 
                                as having been installed in accordance 
                                with the specifications included on the 
                                list referred to in subclause (II) for 
                                achieving a reduction in 1 or more air 
                                quality criteria for air pollutants 
                                under section 109 of the Clean Air Act 
                                (42 U.S.C. 7409).
                            ``(iii) Diesel engine upgrade.--For a 
                        diesel engine upgrade, the upgrade shall be 
                        performed on an engine that is--
                                    ``(I) rebuilt using new components 
                                that collectively appear as a system, 
                                such as a kit, on a list of verified 
                                retrofit technologies maintained by the 
                                Environmental Protection Agency or the 
                                California Air Resources Board; and
                                    ``(II) certified by the installer 
                                to have been installed in accordance 
                                with the specifications included on the 
                                list referred to in subclause (I) for 
                                achieving a reduction in 1 or more air 
                                quality criteria for air pollutants 
                                under section 109 of the Clean Air Act 
                                (42 U.S.C. 7409).
                            ``(iv) Diesel engine repower.--For a diesel 
                        engine repower, the repower shall be conducted 
                        using a new or remanufactured diesel engine 
                        that--
                                    ``(I) is installed as a replacement 
                                for an engine used in the existing 
                                equipment, subject to the condition 
                                that the replaced engine is--
                                            ``(aa) used for scrap;
                                            ``(bb) permanently 
                                        disabled; or
                                            ``(cc) returned to the 
                                        original manufacturer for 
                                        remanufacture; and
                                    ``(II) meets more stringent 
                                emissions standards than the engine 
                                replaced.
                            ``(v) Idle reduction control technology.--
                        For an idle reduction control technology, the 
                        technology shall be--
                                    ``(I) installed on a diesel engine 
                                or vehicle;
                                    ``(II) included on a list of 
                                verified retrofit technologies 
                                maintained by the Environmental 
                                Protection Agency or the California Air 
                                Resources Board; and
                                    ``(III) certified by the installer 
                                as having been installed in accordance 
                                with the specifications included on the 
                                list referred to in subclause (II) for 
                                achieving a reduction in 1 or more air 
                                quality criteria for air pollutants 
                                under section 109 of the Clean Air Act 
                                (42 U.S.C. 7409).
            ``(5) Eligible entity.--The term `eligible entity' means an 
        entity that has entered into a prime contract or agreement with 
        a recipient to carry out a covered public transportation 
        construction project.
            ``(6) Off-road diesel equipment.--
                    ``(A) In general.--The term `off-road diesel 
                equipment' means a vehicle, including covered 
                equipment, that is--
                            ``(i) powered by a nonroad diesel engine of 
                        not less than 50 horsepower; and
                            ``(ii) not intended for highway use.
                    ``(B) Inclusions.--The term `off-road diesel 
                equipment' includes a backhoe, bulldozer, compressor, 
                crane, excavator, generator, and similar equipment.
                    ``(C) Exclusions.--The term `off-road diesel 
                equipment' does not include a locomotive or marine 
                vessel.
            ``(7) On-road diesel equipment.--The term `on-road diesel 
        equipment' means any self-propelled vehicle that--
                    ``(A) operates on diesel fuel;
                    ``(B) is designed to transport persons or property 
                on a street or highway; and
                    ``(C) has a gross vehicle weight rating of at least 
                14,000 pounds.
            ``(8) PM<INF>2.5</INF> nonattainment or maintenance area.--
        The term `PM<INF>2.5</INF> nonattainment or maintenance area' 
        means a nonattainment or maintenance area designated under 
        section 107(d)(6) of the Clean Air Act (42 U.S.C. 7407(d)(6)).
            ``(9) Recipient.--The term `recipient' means an entity that 
        receives Federal funding to carry out a covered public 
        transportation construction project.
    ``(b) Public Transportation Construction Projects for 
PM<INF>2.5</INF> Nonattainment and Maintenance Areas.--Subject to 
subsection (c)(2), all covered equipment used on a covered public 
transportation construction project within a PM<INF>2.5</INF> 
nonattainment or maintenance area shall have installed and employ 
diesel emission control technology.
    ``(c) Funding for Costs of Acquiring and Installing Emission 
Control Technology.--
            ``(1) In general.--The Secretary shall approve as part of 
        the Federal share of the cost of a covered public 
        transportation construction project an amount equal to the 
        amount required to be expended under paragraph (2) for the 
        purpose of acquiring and installing diesel emission control 
        technology.
            ``(2) Required expenditure.--A recipient shall be in 
        compliance with subsection (b) with respect to a covered public 
        transportation construction project if, in order to comply with 
        subsection (b), the recipient expends an amount that is equal 
        to the lesser of--
                    ``(A) 1 percent of the budgeted cost of the 
                project; or
                    ``(B) the amount necessary to install emission 
                control technology on all covered equipment used on the 
                project.
            ``(3) Use of certain amounts.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, a State may obligate funds 
                apportioned to that State under section 104(b)(2) of 
                title 23 to meet the requirements of subsection (b).
                    ``(B) Federal share.--The Federal share of the cost 
                of an activity to meet the requirements of subsection 
                (b) shall be 100 percent if the activity is carried out 
                using funds apportioned under section 104(b)(2) of 
                title 23.
                    ``(C) Streamlined process.--A State may obligate 
                funds under subparagraph (A) without regard to any 
                process or other requirement established under section 
                149 of title 23.
    ``(d) Implementation.--
            ``(1) Plan for eligible entities.--As soon as practicable 
        after the date on which a recipient awards a construction 
        contract for a covered public transportation construction 
        project to an eligible entity, the eligible entity shall submit 
        to the recipient a written plan that includes--
                    ``(A) an estimate of the quantity of equipment that 
                the eligible entity intends to operate onsite;
                    ``(B) any relevant information on each piece of 
                equipment the eligible entity intends to operate 
                onsite, including--
                            ``(i) the vehicle serial number, 
                        identifier, type, manufacturer, model, and 
                        model year; and
                            ``(ii) the engine serial number, 
                        manufacturer, model, engine family, model year, 
                        horsepower, and displacement;
                    ``(C) an estimate of the number of hours that the 
                eligible entity expects to operate each piece of 
                equipment onsite;
                    ``(D) the options for modifying any covered 
                equipment to employ diesel emission control technology, 
                including--
                            ``(i) an itemized estimate of the 
                        reasonable expected cost of modifying each 
                        piece of covered equipment to reduce the 
                        emissions of that equipment;
                            ``(ii) a reasonable estimate of the 
                        emission reduction that would directly result 
                        from each modification;
                            ``(iii) a reasonable estimate of the time 
                        required to perform each modification; and
                            ``(iv) a reasonable estimate of the impact 
                        that each modification would have on the 
                        schedule of the covered public transportation 
                        construction project; and
                    ``(E) at the discretion of the eligible entity, the 
                options for modifying equipment that is not covered 
                equipment to employ diesel emission control technology, 
                including the estimates required under clauses (i), 
                (ii), (iii), and (iv) of subparagraph (D).
            ``(2) Supplemental plan for subcontractors.--If the total 
        estimated cost of the modifications described in paragraph 
        (1)(D) that is submitted by an eligible entity to a recipient 
        in accordance with paragraph (1) is less than the amount 
        required to be expended by the eligible entity under subsection 
        (c)(2)(A), the eligible entity shall submit to the recipient a 
        supplemental written plan that includes, with respect to the 
        equipment that a subcontractor of the eligible entity intends 
        to operate onsite, the information required to be submitted 
        under paragraph (1).
            ``(3) Bidder requirements.--By change order and in 
        accordance with the requirements and procedures of this 
        subsection, a recipient shall require the successful bidder of 
        a covered public transportation construction project to install 
        and employ diesel emission control technology on the pieces of 
        covered equipment selected by the recipient as having the 
        greatest potential of meeting the requirements of subsection 
        (b).
            ``(4) Structure of change order.--A recipient may structure 
        a change order as the recipient determines to be necessary, if 
        the recipient determines that the change order does not--
                    ``(A) materially delay the commencement of 
                construction of the covered public transportation 
                construction project;
                    ``(B) materially increase the time required to 
                carry out the covered public transportation 
                construction project;
                    ``(C) cause any material interruption of the 
                covered public transportation construction project;
                    ``(D) increase any risk to the safety or health of 
                any construction worker of the covered public 
                transportation construction project; or
                    ``(E) result in the successful bidder for the 
                covered public transportation construction project 
                recovering less than 100 percent of the cost of 
                purchase and installation of each diesel emission 
                control technology.
    ``(e) Savings Clause.--Nothing in this section shall be construed 
to modify or otherwise affect any authority or restriction established 
under the Clean Air Act (42 U.S.C. 7401 et seq.).''.
    (b) Applicability.--Section 5341(b) of title 49, United States 
Code, as added by this section, shall apply to each public 
transportation construction project that is initiated, as determined by 
the Secretary of Transportation, after the date that is 30 days after 
the date of enactment of this Act.
    (c) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by adding at the end the following:

``5341. Construction equipment and vehicles.''.

SEC. 4. REPORT TO CONGRESS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives, the Committee on Environment and Public Works of the 
Senate, and the Committee on Banking, Housing, and Urban Affairs of the 
Senate a report that describes the manners by which section 330 of 
title 23, United States Code (as added by section 2 of this Act) and 
section 5341 of title 49, United States Code (as added by section 3 of 
this Act) have been implemented, including the quantity of covered 
equipment serviced under those sections and the costs associated with 
servicing the covered equipment.
    (b) Information From States.--The Secretary shall require States 
and recipients, as a condition of receiving amounts under this Act or 
under the provisions of any amendments made by this Act, to submit to 
the Secretary any information that the Secretary determines necessary 
to complete the report under subsection (a).

SEC. 5. PROCESS FOR STATES.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation and the Administrator of the Environmental 
Protection Agency shall establish, jointly, a streamlined process to 
ensure that States may--
            (1) quantify the emissions reductions achieved under this 
        Act, including the amendments made by this Act;
            (2) include such emissions reductions in State 
        implementation plans required under section 110 of the Clean 
        Air Act (42 U.S.C. 7410) to help demonstrate progress toward, 
        attainment of, or maintenance of national ambient air quality 
        standards; and
            (3) include such emission reductions in conformity 
        determinations required under section 176 of the Clean Air Act 
        (42 U.S.C. 7506).
                                 <all>
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