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 Infrastruc-
ture, 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 com-
mittee 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 transpor-
tation construction projects, to make the acquisition and 
installation of emission control technology an eligible ex-
pense in carrying out such projects, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 fol-
lowing: 
‘‘§ 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 equip-
ment 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— 
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‘‘(i) equipment with an engine that 
meets or exceeds any particulate matter 
emission standards for the applicable en-
gine power group issued by the Environ-
mental Protection Agency relating to par-
ticulate matter exhaust for new diesel en-
gines that are in effect on the date on 
which the highway construction project 
commences; 
‘‘(ii) equipment with diesel exhaust 
control technology that was installed dur-
ing the 6-year period ending on the date of 
award of the contract for the covered high-
way 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 equip-
ment brought on the job site after work 
has commenced to prevent or remedy harm 
to human beings or to address an emer-
gency. 
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‘‘(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 ‘cov-
ered highway construction project’ does not in-
clude 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
TECH-
NOLOGY.— 
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‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘diesel emission control 
technology’ means a technology that— 
‘‘(i) is— 
‘‘(I) a diesel exhaust control tech-
nology; 
‘‘(II) a diesel engine upgrade; 
‘‘(III) a diesel engine repower; or 
‘‘(IV) an idle reduction control 
technology; and 
‘‘(ii) reduces PM2.5 emissions from 
covered equipment by— 
‘‘(I) not less than 85 percent 
control of any emission of particulate 
matter; or 
‘‘(II) the maximum achievable re-
duction 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. 
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‘‘(ii) 
DIESEL
EXHAUST
CONTROL 
TECHNOLOGY.—For a diesel exhaust con-
trol 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 compo-
nents that collectively appear as a sys-
tem, such as a kit, on a list of verified 
retrofit technologies maintained by 
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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 achiev-
ing a reduction in 1 or more air qual-
ity 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 remanu-
factured 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 origi-
nal manufacturer for remanufac-
ture; and 
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‘‘(II) meets more stringent emis-
sions standards than the engine re-
placed. 
‘‘(v) 
IDLE
REDUCTION
CONTROL 
TECHNOLOGY.—For an idle reduction con-
trol 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 en-
tity’ means an entity that has entered into a prime 
contract or agreement with a State to carry out a 
covered highway construction project. 
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‘‘(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 en-
gine 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) PM2.5 NONATTAINMENT OR MAINTENANCE 
AREA.—The term ‘PM2.5 nonattainment or mainte-
nance area’ means a nonattainment or maintenance 
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area designated under section 107(d)(6) of the 
Clean Air Act (42 U.S.C. 7407(d)(6)). 
‘‘(b) HIGHWAY CONSTRUCTION PROJECTS FOR PM2.5 
NONATTAINMENT AND MAINTENANCE AREAS.—Subject 
to subsection (c)(2), all covered equipment used on a cov-
ered highway construction project within a PM2.5 non-
attainment or maintenance area shall have installed and 
employ diesel emission control technology. 
‘‘(c) FUNDING FOR COSTS OF ACQUIRING AND IN-
STALLING EMISSION CONTROL TECHNOLOGY.— 
‘‘(1) IN
GENERAL.—The Secretary shall ap-
prove 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 in-
stalling 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 
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‘‘(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 sub-
section (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 require-
ment 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 high-
way construction project to an eligible entity, the eli-
gible entity shall submit to the State a written plan 
that includes— 
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‘‘(A) an estimate of the quantity of equip-
ment 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, identi-
fier, type, manufacturer, model, and model 
year; and 
‘‘(ii) the engine serial number, manu-
facturer, 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 rea-
sonable 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 re-
sult from each modification; 
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‘‘(iii) a reasonable estimate of the 
time required to perform each modifica-
tion; and 
‘‘(iv) a reasonable estimate of the im-
pact that each modification would have on 
the schedule of the covered highway con-
struction 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 re-
quired under clauses (i), (ii), (iii), and (iv) of 
subparagraph (D). 
‘‘(2) SUPPLEMENTAL PLAN FOR SUBCONTRAC-
TORS.—If the total estimated cost of the modifica-
tions described in paragraph (1)(D) that is sub-
mitted 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 sub-
section (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 para-
graph (1). 
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‘‘(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 construc-
tion project to install and use diesel emission control 
technology on the pieces of covered equipment se-
lected 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 deter-
mines to be necessary, if the State determines that 
the change order does not— 
‘‘(A) materially delay the commencement 
of construction of the covered highway con-
struction 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 cov-
ered highway construction project; or 
‘‘(E) result in the successful bidder for the 
covered highway construction project recovering 
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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 deter-
mined 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 fol-
lowing: 
‘‘§ 5341. Construction equipment and vehicles 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CHANGE
ORDER.—The term ‘change 
order’ means a written document that— 
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‘‘(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 equip-
ment that is operated on a covered public trans-
portation 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 en-
gine power group issued by the Environ-
mental Protection Agency relating to par-
ticulate matter exhaust for new diesel en-
gines that are in effect on the date on 
which the public transportation construc-
tion project commences; 
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‘‘(ii) equipment with a diesel exhaust 
control technology that was installed dur-
ing the 6-year period ending on the date of 
award of the contract for the covered pub-
lic 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 equip-
ment brought on the job site after work 
has commenced to prevent or remedy harm 
to human beings or to address an emer-
gency. 
‘‘(3) COVERED PUBLIC TRANSPORTATION CON-
STRUCTION 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’ in-
cludes— 
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‘‘(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 ‘cov-
ered public transportation construction project’ 
does not include a project with a total budgeted 
cost of $5,000,000 or less that an applicable re-
cipient has elected to exclude from treatment as 
a covered public transportation construction 
project for purposes of this paragraph. 
‘‘(4) 
DIESEL
EMISSION
CONTROL
TECH-
NOLOGY.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘diesel emission control 
technology’ means a technology that— 
‘‘(i) is— 
‘‘(I) a diesel exhaust control tech-
nology; 
‘‘(II) a diesel engine upgrade; 
‘‘(III) a diesel engine repower; or 
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‘‘(IV) an idle reduction control 
technology; and 
‘‘(ii) reduces PM2.5 emissions from 
covered equipment by— 
‘‘(I) not less than 85 percent 
control of any emission of particulate 
matter; or 
‘‘(II) the maximum achievable re-
duction 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 con-
trol 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 
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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 compo-
nents that collectively appear as a sys-
tem, 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 achiev-
ing a reduction in 1 or more air qual-
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ity 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 remanu-
factured 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 origi-
nal manufacturer for remanufac-
ture; and 
‘‘(II) meets more stringent emis-
sions standards than the engine re-
placed. 
‘‘(v) 
IDLE
REDUCTION
CONTROL 
TECHNOLOGY.—For an idle reduction con-
trol technology, the technology shall be— 
‘‘(I) installed on a diesel engine 
or vehicle; 
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‘‘(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 en-
tity’ 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 en-
gine of not less than 50 horsepower; and 
‘‘(ii) not intended for highway use. 
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‘‘(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) PM2.5 NONATTAINMENT OR MAINTENANCE 
AREA.—The term ‘PM2.5 nonattainment or mainte-
nance 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 PM2.5 NONATTAINMENT AND MAINTE-
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NANCE AREAS.—Subject to subsection (c)(2), all covered 
equipment used on a covered public transportation con-
struction project within a PM2.5 nonattainment or mainte-
nance area shall have installed and employ diesel emission 
control technology. 
‘‘(c) FUNDING FOR COSTS OF ACQUIRING AND IN-
STALLING EMISSION CONTROL TECHNOLOGY.— 
‘‘(1) IN
GENERAL.—The Secretary shall ap-
prove 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 re-
spect 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 emis-
sion control technology on all covered equip-
ment used on the project. 
‘‘(3) USE OF CERTAIN AMOUNTS.— 
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‘‘(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 re-
quirements of subsection (b) shall be 100 per-
cent 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 require-
ment 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 en-
tity, the eligible entity shall submit to the recipient 
a written plan that includes— 
‘‘(A) an estimate of the quantity of equip-
ment that the eligible entity intends to operate 
onsite; 
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‘‘(B) any relevant information on each 
piece of equipment the eligible entity intends to 
operate onsite, including— 
‘‘(i) the vehicle serial number, identi-
fier, type, manufacturer, model, and model 
year; and 
‘‘(ii) the engine serial number, manu-
facturer, 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 rea-
sonable 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 re-
sult from each modification; 
‘‘(iii) a reasonable estimate of the 
time required to perform each modifica-
tion; and 
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‘‘(iv) a reasonable estimate of the im-
pact that each modification would have on 
the schedule of the covered public trans-
portation 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 re-
quired under clauses (i), (ii), (iii), and (iv) of 
subparagraph (D). 
‘‘(2) SUPPLEMENTAL PLAN FOR SUBCONTRAC-
TORS.—If the total estimated cost of the modifica-
tions described in paragraph (1)(D) that is sub-
mitted by an eligible entity to a recipient in accord-
ance with paragraph (1) is less than the amount re-
quired 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 in-
cludes, with respect to the equipment that a subcon-
tractor of the eligible entity intends to operate on-
site, 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 re-
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quire the successful bidder of a covered public trans-
portation construction project to install and employ 
diesel emission control technology on the pieces of 
covered equipment selected by the recipient as hav-
ing the greatest potential of meeting the require-
ments of subsection (b). 
‘‘(4) STRUCTURE OF CHANGE ORDER.—A re-
cipient may structure a change order as the recipi-
ent determines to be necessary, if the recipient de-
termines that the change order does not— 
‘‘(A) materially delay the commencement 
of construction of the covered public transpor-
tation 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 cov-
ered public transportation construction project; 
or 
‘‘(E) result in the successful bidder for the 
covered 
public 
transportation 
construction 
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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 Transpor-
tation, after the date that is 30 days after the date of 
enactment of this Act. 
(c) CLERICAL AMENDMENT.—The analysis for chap-
ter 53 of title 49, United States Code, is amended by add-
ing 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 Transpor-
tation shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives, the 
Committee on Environment and Public Works of the Sen-
ate, 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 
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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 as-
sociated with servicing the covered equipment. 
(b) INFORMATION FROM STATES.—The Secretary 
shall require States and recipients, as a condition of re-
ceiving 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 Ad-
ministrator 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 dem-
onstrate progress toward, attainment of, or mainte-
nance of national ambient air quality standards; and 
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(3) include such emission reductions in con-
formity determinations required under section 176 
of the Clean Air Act (42 U.S.C. 7506). 
Æ 
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