I 

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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Act of 2011’’. 

4 SEC. 2. HIGHWAY CONSTRUCTION PROJECTS. 

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

6 States Code is amended by adding at the end the fol7 lowing: 

8 ‘‘§ 330. Construction equipment and vehicles 

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

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

11 order’ means a written document that— 

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

13 to carry out a covered highway construction 

14 project; and 

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

16 department that is a party to that contract to 

17 implement a diesel emission control technology. 

18 ‘‘(2) COVERED EQUIPMENT.— 

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

20 construction equipment’ means any off-road 

21 diesel equipment and any on-road diesel equip22 ment that is operated on a covered highway 

23 construction project for not less than 80 hours 

24 over the life of the project. 

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

26 construction equipment’ does not include— 


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1 ‘‘(i) equipment with an engine that 

2 meets or exceeds any particulate matter 

3 emission standards for the applicable en4 gine power group issued by the Environ5 mental Protection Agency relating to par6 ticulate matter exhaust for new diesel en7 gines that are in effect on the date on 

8 which the highway construction project 

9 commences; 

10 ‘‘(ii) equipment with diesel exhaust 

11 control technology that was installed dur12 ing the 6-year period ending on the date of 

13 award of the contract for the covered high14 way construction project; 

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

16 or Link Belt crashes, that are responsible 

17 for critical lift operations, if the emission 

18 control technology would adversely affect 

19 lift capacity; and 

20 ‘‘(iv) additional or replacement equip21 ment brought on the job site after work 

22 has commenced to prevent or remedy harm 

23 to human beings or to address an emer24 gency. 


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1 ‘‘(3) COVERED HIGHWAY CONSTRUCTION

2 PROJECT.— 

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

4 highway construction project’ means a Federal5 aid highway construction project carried out 

6 under this title or any other Federal law. 

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

8 highway construction project’ includes— 

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

10 part, by amounts from the Highway Trust 

11 Fund; and 

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

13 part, by amounts from the general fund of 

14 the Treasury. 

15 ‘‘(C) EXCLUSIONS.—Notwithstanding any 

16 other provision of this paragraph, the term ‘cov17 ered highway construction project’ does not in18 clude a project with a total budgeted cost of 

19 $5,000,000 or less that an applicable State has 

20 elected to exclude from treatment as a covered 

21 highway construction project for purposes of 

22 this paragraph. 

23 ‘‘(4) DIESEL EMISSION CONTROL TECH24 NOLOGY.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), the term ‘diesel emission control 

3 technology’ means a technology that— 

4 ‘‘(i) is— 

5 ‘‘(I) a diesel exhaust control tech6 nology; 

7 ‘‘(II) a diesel engine upgrade; 

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

9 ‘‘(IV) an idle reduction control 

10 technology; and 

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

12 covered equipment by— 

13 ‘‘(I) not less than 85 percent 

14 control of any emission of particulate 

15 matter; or 

16 ‘‘(II) the maximum achievable re17 duction of any emission of particulate 

18 matter. 

19 ‘‘(B) CRITERIA.— 

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

21 a ‘diesel emission control technology’, the 

22 technology described in subparagraph 

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

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


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1 ‘‘(ii) DIESEL EXHAUST CONTROL

2 TECHNOLOGY.—For a diesel exhaust con3 trol technology, the technology shall be— 

4 ‘‘(I) installed on a diesel engine 

5 or vehicle; 

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

7 retrofit technologies maintained by 

8 the Environmental Protection Agency 

9 or the California Air Resources 

10 Board; and 

11 ‘‘(III) certified by the installer as 

12 having been installed in accordance 

13 with the specifications included on the 

14 list referred to in subclause (II) for 

15 achieving a reduction in 1 or more air 

16 quality criteria for air pollutants 

17 under section 109 of the Clean Air 

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

19 ‘‘(iii) DIESEL ENGINE UPGRADE.— 

20 For a diesel engine upgrade, the upgrade 

21 shall be performed on an engine that is— 

22 ‘‘(I) rebuilt using new compo23 nents that collectively appear as a sys24 tem, such as a kit, on a list of verified 

25 retrofit technologies maintained by 


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1 the Environmental Protection Agency 

2 or the California Air Resources 

3 Board; and 

4 ‘‘(II) certified by the installer to 

5 have been installed in accordance with 

6 the specifications included on the list 

7 referred to in subclause (I) for achiev8 ing a reduction in 1 or more air qual9 ity criteria for air pollutants under 

10 section 109 of the Clean Air Act (42 

11 U.S.C. 7409). 

12 ‘‘(iv) DIESEL ENGINE REPOWER.— 

13 For a diesel engine repower, the repower 

14 shall be conducted using a new or remanu15 factured diesel engine that— 

16 ‘‘(I) is installed as a replacement 

17 for an engine used in the existing 

18 equipment, subject to the condition 

19 that the replaced engine is— 

20 ‘‘(aa) used for scrap; 

21 ‘‘(bb) permanently disabled; 

22 or 

23 ‘‘(cc) returned to the origi24 nal manufacturer for remanufac25 ture; and 


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1 ‘‘(II) meets more stringent emis2 sions standards than the engine re3 placed. 

4 ‘‘(v) IDLE REDUCTION CONTROL

5 TECHNOLOGY.—For an idle reduction con6 trol technology, the technology shall be— 

7 ‘‘(I) installed on a diesel engine 

8 or vehicle; 

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

10 retrofit technologies maintained by 

11 the Environmental Protection Agency 

12 or the California Air Resources 

13 Board; and 

14 ‘‘(III) certified by the installer as 

15 having been installed in accordance 

16 with the specifications included on the 

17 list referred to in subclause (II) for 

18 achieving a reduction in 1 or more air 

19 quality criteria for air pollutants 

20 under section 109 of the Clean Air 

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

22 ‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible en23 tity’ means an entity that has entered into a prime 

24 contract or agreement with a State to carry out a 

25 covered highway construction project. 


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1 ‘‘(6) OFF-ROAD DIESEL EQUIPMENT.— 

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

3 diesel equipment’ means a vehicle, including 

4 covered equipment, that is— 

5 ‘‘(i) powered by a nonroad diesel en6 gine of not less than 50 horsepower; and 

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

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

9 diesel equipment’ includes a backhoe, bulldozer, 

10 compressor, crane, excavator, generator, and 

11 similar equipment. 

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

13 diesel equipment’ does not include a locomotive 

14 or marine vessel. 

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

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

17 vehicle that— 

18 ‘‘(A) operates on diesel fuel; 

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

20 property on a street or highway; and 

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

22 least 14,000 pounds. 

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

24 AREA.—The term ‘PM2.5 nonattainment or mainte25 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 ‘‘(b) HIGHWAY CONSTRUCTION PROJECTS FOR PM2.5

4 NONATTAINMENT AND MAINTENANCE AREAS.—Subject 

5 to subsection (c)(2), all covered equipment used on a cov6 ered highway construction project within a PM2.5 non7 attainment or maintenance area shall have installed and 

8 employ diesel emission control technology. 

9 ‘‘(c) FUNDING FOR COSTS OF ACQUIRING AND IN10 STALLING EMISSION CONTROL TECHNOLOGY.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall ap12 prove as part of the Federal share of the cost of a 

13 covered highway construction project an amount 

14 equal to the amount required to be expended under 

15 paragraph (2) for the purpose of acquiring and in16 stalling diesel emission control technology. 

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

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

19 a covered highway construction project, if, in order 

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

21 amount that is equal to the lesser of— 

22 ‘‘(A) 1 percent of the budgeted cost of the 

23 project; or 


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

2 emission control technology on all covered 

3 equipment used on the project. 

4 ‘‘(3) USE OF CERTAIN AMOUNTS.— 

5 ‘‘(A) IN GENERAL.—Notwithstanding any 

6 other provision of law, a State may obligate 

7 funds apportioned to that State under section 

8 104(b)(2) to meet the requirements of sub9 section (b). 

10 ‘‘(B) FEDERAL SHARE.—The Federal 

11 share of the cost of an activity carried out to 

12 meet the requirements of subsection (b) shall be 

13 100 percent if the activity is carried out using 

14 funds apportioned under section 104(b)(2). 

15 ‘‘(C) STREAMLINED PROCESS.—A State 

16 may obligate funds under subparagraph (A) 

17 without regard to any process or other require18 ment established under section 149. 

19 ‘‘(d) IMPLEMENTATION.— 

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

21 as practicable after the date on which a State 

22 awards a construction contract for a covered high23 way construction project to an eligible entity, the eli24 gible entity shall submit to the State a written plan 

25 that includes— 


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1 ‘‘(A) an estimate of the quantity of equip2 ment that the eligible entity intends to operate 

3 onsite; 

4 ‘‘(B) any relevant information on each 

5 piece of equipment the eligible entity intends to 

6 operate onsite, including— 

7 ‘‘(i) the vehicle serial number, identi8 fier, type, manufacturer, model, and model 

9 year; and 

10 ‘‘(ii) the engine serial number, manu11 facturer, model, engine family, model year, 

12 horsepower, and displacement; 

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

14 that the eligible entity expects to operate each 

15 piece of equipment onsite; 

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

17 equipment to employ diesel emission control 

18 technology, including— 

19 ‘‘(i) an itemized estimate of the rea20 sonable expected cost of modifying each 

21 piece of covered equipment to reduce the 

22 emissions of that equipment; 

23 ‘‘(ii) a reasonable estimate of the 

24 emission reduction that would directly re25 sult from each modification; 


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1 ‘‘(iii) a reasonable estimate of the 

2 time required to perform each modifica3 tion; and 

4 ‘‘(iv) a reasonable estimate of the im5 pact that each modification would have on 

6 the schedule of the covered highway con7 struction project; and 

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

9 the options for modifying equipment that is not 

10 covered equipment to employ diesel emission 

11 control technology, including the estimates re12 quired under clauses (i), (ii), (iii), and (iv) of 

13 subparagraph (D). 

14 ‘‘(2) SUPPLEMENTAL PLAN FOR SUBCONTRAC15 TORS.—If the total estimated cost of the modifica16 tions described in paragraph (1)(D) that is sub17 mitted by an eligible entity to a State in accordance 

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

19 to be expended by the eligible entity under sub20 section (c)(2)(A), the eligible entity shall submit to 

21 the State a supplemental written plan that includes, 

22 with respect to the equipment that a subcontractor 

23 of the eligible entity intends to operate onsite, the 

24 information required to be submitted under para25 graph (1). 


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

2 order and in accordance with the requirements and 

3 procedures of this subsection, a State shall require 

4 the successful bidder of a covered highway construc5 tion project to install and use diesel emission control 

6 technology on the pieces of covered equipment se7 lected by the State as having the greatest potential 

8 of meeting the requirements of subsection (b). 

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

10 may structure a change order as the State deter11 mines to be necessary, if the State determines that 

12 the change order does not— 

13 ‘‘(A) materially delay the commencement 

14 of construction of the covered highway con15 struction project; 

16 ‘‘(B) materially increase the time required 

17 to carry out the covered highway construction 

18 project; 

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

20 covered highway construction project; 

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

22 health of any construction worker of the cov23 ered highway construction project; or 

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

25 covered highway construction project recovering 


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1 less than 100 percent of the cost of purchase 

2 and installation of each diesel emission control 

3 technology. 

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

5 modifies or otherwise affects any authority or restrictions 

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

7 seq.).’’. 

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

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

10 highway construction project that is initiated, as deter11 mined by the Secretary, after the date that is 30 days 

12 after the date of enactment of this Act. 

13 (c) TECHNICAL AMENDMENT.—The analysis for 

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

15 adding at the end the following: 

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

16 SEC. 3. PUBLIC TRANSPORTATION CONSTRUCTION 

17 PROJECTS. 

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

19 States Code, is amended by adding at the end the fol20 lowing: 

21 ‘‘§ 5341. Construction equipment and vehicles 

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

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

24 order’ means a written document that— 


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

2 to carry out a covered public transportation 

3 construction project; and 

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

5 party to that contract to implement a diesel 

6 emission control technology. 

7 ‘‘(2) COVERED EQUIPMENT.— 

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

9 construction equipment’ means any off-road 

10 diesel equipment and any on-road diesel equip11 ment that is operated on a covered public trans12 portation construction project for not less than 

13 80 hours over the life of the project. 

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

15 construction equipment’ does not include— 

16 ‘‘(i) equipment with an engine that 

17 meets or exceeds any particulate matter 

18 emission standards for the applicable en19 gine power group issued by the Environ20 mental Protection Agency relating to par21 ticulate matter exhaust for new diesel en22 gines that are in effect on the date on 

23 which the public transportation construc24 tion project commences; 


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1 ‘‘(ii) equipment with a diesel exhaust 

2 control technology that was installed dur3 ing the 6-year period ending on the date of 

4 award of the contract for the covered pub5 lic transportation construction project; 

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

7 or Link Belt crashes, that are responsible 

8 for critical lift operations, if the emission 

9 control technology would adversely affect 

10 lift capacity; and 

11 ‘‘(iv) additional or replacement equip12 ment brought on the job site after work 

13 has commenced to prevent or remedy harm 

14 to human beings or to address an emer15 gency. 

16 ‘‘(3) COVERED PUBLIC TRANSPORTATION CON17 STRUCTION PROJECT.— 

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

19 public transportation construction project’ 

20 means a project that receives Federal funding 

21 for the construction of a public transportation 

22 facility. 

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

24 public transportation construction project’ in25 cludes— 


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

2 part, by amounts from the Mass Transit 

3 Account of the Highway Trust Fund; and 

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

5 part, by amounts from the general fund of 

6 the Treasury. 

7 ‘‘(C) EXCLUSIONS.—Notwithstanding any 

8 other provision of this paragraph, the term ‘cov9 ered public transportation construction project’ 

10 does not include a project with a total budgeted 

11 cost of $5,000,000 or less that an applicable re12 cipient has elected to exclude from treatment as 

13 a covered public transportation construction 

14 project for purposes of this paragraph. 

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 01:56 Oct 08, 2011 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H3122.IH H3122

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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 using a new or remanu7 factured diesel engine that— 

8 ‘‘(I) is 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; and 

18 ‘‘(II) meets more stringent emis19 sions standards than the engine re20 placed. 

21 ‘‘(v) IDLE REDUCTION CONTROL

22 TECHNOLOGY.—For an idle reduction con23 trol technology, the technology shall be— 

24 ‘‘(I) installed on a diesel engine 

25 or vehicle; 


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

2 retrofit technologies maintained by 

3 the Environmental Protection Agency 

4 or the California Air Resources 

5 Board; and 

6 ‘‘(III) certified by the installer as 

7 having been installed in accordance 

8 with the specifications included on the 

9 list referred to in subclause (II) for 

10 achieving a reduction in 1 or more air 

11 quality criteria for air pollutants 

12 under section 109 of the Clean Air 

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

14 ‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible en15 tity’ means an entity that has entered into a prime 

16 contract or agreement with a recipient to carry out 

17 a covered public transportation construction project. 

18 ‘‘(6) OFF-ROAD DIESEL EQUIPMENT.— 

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

20 diesel equipment’ means a vehicle, including 

21 covered equipment, that is— 

22 ‘‘(i) powered by a nonroad diesel en23 gine of not less than 50 horsepower; and 

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


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

2 diesel equipment’ includes a backhoe, bulldozer, 

3 compressor, crane, excavator, generator, and 

4 similar equipment. 

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

6 diesel equipment’ does not include a locomotive 

7 or marine vessel. 

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

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

10 vehicle that— 

11 ‘‘(A) operates on diesel fuel; 

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

13 property on a street or highway; and 

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

15 least 14,000 pounds. 

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

17 AREA.—The term ‘PM2.5 nonattainment or mainte18 nance area’ means a nonattainment or maintenance 

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

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

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

22 an entity that receives Federal funding to carry out 

23 a covered public transportation construction project. 

24 ‘‘(b) PUBLIC TRANSPORTATION CONSTRUCTION

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1 NANCE AREAS.—Subject to subsection (c)(2), all covered 

2 equipment used on a covered public transportation con3 struction project within a PM2.5 nonattainment or mainte4 nance area shall have installed and employ diesel emission 

5 control technology. 

6 ‘‘(c) FUNDING FOR COSTS OF ACQUIRING AND IN7 STALLING EMISSION CONTROL TECHNOLOGY.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall ap9 prove as part of the Federal share of the cost of a 

10 covered public transportation construction project an 

11 amount equal to the amount required to be expended 

12 under paragraph (2) for the purpose of acquiring 

13 and installing diesel emission control technology. 

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

15 shall be in compliance with subsection (b) with re16 spect to a covered public transportation construction 

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

18 recipient expends an amount that is equal to the 

19 lesser of— 

20 ‘‘(A) 1 percent of the budgeted cost of the 

21 project; or 

22 ‘‘(B) the amount necessary to install emis23 sion control technology on all covered equip24 ment used on the project. 

25 ‘‘(3) USE OF CERTAIN AMOUNTS.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding any 

2 other provision of law, a State may obligate 

3 funds apportioned to that State under section 

4 104(b)(2) of title 23 to meet the requirements 

5 of subsection (b). 

6 ‘‘(B) FEDERAL SHARE.—The Federal 

7 share of the cost of an activity to meet the re8 quirements of subsection (b) shall be 100 per9 cent if the activity is carried out using funds 

10 apportioned under section 104(b)(2) of title 23. 

11 ‘‘(C) STREAMLINED PROCESS.—A State 

12 may obligate funds under subparagraph (A) 

13 without regard to any process or other require14 ment established under section 149 of title 23. 

15 ‘‘(d) IMPLEMENTATION.— 

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

17 as practicable after the date on which a recipient 

18 awards a construction contract for a covered public 

19 transportation construction project to an eligible en20 tity, the eligible entity shall submit to the recipient 

21 a written plan that includes— 

22 ‘‘(A) an estimate of the quantity of equip23 ment that the eligible entity intends to operate 

24 onsite; 


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1 ‘‘(B) any relevant information on each 

2 piece of equipment the eligible entity intends to 

3 operate onsite, including— 

4 ‘‘(i) the vehicle serial number, identi5 fier, type, manufacturer, model, and model 

6 year; and 

7 ‘‘(ii) the engine serial number, manu8 facturer, model, engine family, model year, 

9 horsepower, and displacement; 

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

11 that the eligible entity expects to operate each 

12 piece of equipment onsite; 

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

14 equipment to employ diesel emission control 

15 technology, including— 

16 ‘‘(i) an itemized estimate of the rea17 sonable expected cost of modifying each 

18 piece of covered equipment to reduce the 

19 emissions of that equipment; 

20 ‘‘(ii) a reasonable estimate of the 

21 emission reduction that would directly re22 sult from each modification; 

23 ‘‘(iii) a reasonable estimate of the 

24 time required to perform each modifica25 tion; and 


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1 ‘‘(iv) a reasonable estimate of the im2 pact that each modification would have on 

3 the schedule of the covered public trans4 portation construction project; and 

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

6 the options for modifying equipment that is not 

7 covered equipment to employ diesel emission 

8 control technology, including the estimates re9 quired under clauses (i), (ii), (iii), and (iv) of 

10 subparagraph (D). 

11 ‘‘(2) SUPPLEMENTAL PLAN FOR SUBCONTRAC12 TORS.—If the total estimated cost of the modifica13 tions described in paragraph (1)(D) that is sub14 mitted by an eligible entity to a recipient in accord15 ance with paragraph (1) is less than the amount re16 quired to be expended by the eligible entity under 

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

18 to the recipient a supplemental written plan that in19 cludes, with respect to the equipment that a subcon20 tractor of the eligible entity intends to operate on21 site, the information required to be submitted under 

22 paragraph (1). 

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

24 order and in accordance with the requirements and 

25 procedures of this subsection, a recipient shall reVerDate Mar 15 2010 01:56 Oct 08, 2011 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H3122.IH H3122

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1 quire the successful bidder of a covered public trans2 portation construction project to install and employ 

3 diesel emission control technology on the pieces of 

4 covered equipment selected by the recipient as hav5 ing the greatest potential of meeting the require6 ments of subsection (b). 

7 ‘‘(4) STRUCTURE OF CHANGE ORDER.—A re8 cipient may structure a change order as the recipi9 ent determines to be necessary, if the recipient de10 termines that the change order does not— 

11 ‘‘(A) materially delay the commencement 

12 of construction of the covered public transpor13 tation construction project; 

14 ‘‘(B) materially increase the time required 

15 to carry out the covered public transportation 

16 construction project; 

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

18 covered public transportation construction 

19 project; 

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

21 health of any construction worker of the cov22 ered public transportation construction project; 

23 or 

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

25 covered public transportation construction 


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1 project recovering less than 100 percent of the 

2 cost of purchase and installation of each diesel 

3 emission control technology. 

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

5 be construed to modify or otherwise affect any authority 

6 or restriction established under the Clean Air Act (42 

7 U.S.C. 7401 et seq.).’’. 

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

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

10 to each public transportation construction project that is 

11 initiated, as determined by the Secretary of Transpor12 tation, after the date that is 30 days after the date of 

13 enactment of this Act. 

14 (c) CLERICAL AMENDMENT.—The analysis for chap15 ter 53 of title 49, United States Code, is amended by add16 ing at the end the following: 

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

17 SEC. 4. REPORT TO CONGRESS. 

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

19 date of enactment of this Act, the Secretary of Transpor20 tation shall submit to the Committee on Transportation 

21 and Infrastructure of the House of Representatives, the 

22 Committee on Environment and Public Works of the Sen23 ate, and the Committee on Banking, Housing, and Urban 

24 Affairs of the Senate a report that describes the manners 

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


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

2 49, United States Code (as added by section 3 of this Act) 

3 have been implemented, including the quantity of covered 

4 equipment serviced under those sections and the costs as5 sociated with servicing the covered equipment. 

6 (b) INFORMATION FROM STATES.—The Secretary 

7 shall require States and recipients, as a condition of re8 ceiving amounts under this Act or under the provisions 

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

10 Secretary any information that the Secretary determines 

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

12 SEC. 5. PROCESS FOR STATES. 

13 Not later than 1 year after the date of enactment 

14 of this Act, the Secretary of Transportation and the Ad15 ministrator of the Environmental Protection Agency shall 

16 establish, jointly, a streamlined process to ensure that 

17 States may— 

18 (1) quantify the emissions reductions achieved 

19 under this Act, including the amendments made by 

20 this Act; 

21 (2) include such emissions reductions in State 

22 implementation plans required under section 110 of 

23 the Clean Air Act (42 U.S.C. 7410) to help dem24 onstrate progress toward, attainment of, or mainte25 nance of national ambient air quality standards; and 


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1 (3) include such emission reductions in con2 formity determinations required under section 176 

3 of the Clean Air Act (42 U.S.C. 7506). 

Æ 


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