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Board a test plan for the emerging tech-
nology, together with the application under
subsection (c).
(c) APPLICATIONS.—
(1) IN GENERAL.—To receive a grant or loan
under this section, an eligible entity shall submit to
the Administrator an application at a time, in a
manner, and including such information as the Ad-
ministrator may require.
(2) INCLUSIONS.—An application under this
subsection shall include—
(A) a description of the air quality of the
area served by the eligible entity;
(B) the quantity of air pollution produced
by the diesel fleet in the area served by the eligi-
ble entity;
(C) a description of the project proposed by
the eligible entity, including—
(i) any certified engine configuration,
verified technology, or emerging technology
to be used by the eligible entity; and
(ii) the means by which the project will
achieve a significant reduction in diesel
emissions;
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(D) an evaluation (using methodology ap-
proved by the Administrator or the National
Academy of Sciences) of the quantifiable and
unquantifiable benefits of the emissions reduc-
tions of the proposed project;
(E) an estimate of the cost of the proposed
project;
(F) a description of the age and expected
lifetime control of the equipment used by the eli-
gible entity;
(G) a description of the diesel fuel available
to the eligible entity, including the sulfur content
of the fuel; and
(H) provisions for the monitoring and
verification of the project.
(3) PRIORITY.—In providing a grant or loan
under this section, the Administrator shall give pri-
ority to proposed projects that, as determined by the
Administrator—
(A) maximize public health benefits;
(B) are the most cost-effective;
(C) serve areas—
(i) with the highest population density;
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(ii) that are poor air quality areas, in-
cluding areas identified by the Adminis-
trator as—
(I) in nonattainment or mainte-
nance of national ambient air quality
standards for a criteria pollutant;
(II) Federal Class I areas; or
(III) areas with toxic air pollut-
ant concerns;
(iii) that receive a disproportionate
quantity of air pollution from a diesel fleet,
including ports, rail yards, and distribu-
tion centers; or
(iv) that use a community-based multi-
stakeholder collaborative process to reduce
toxic emissions;
(D) include a certified engine configuration,
verified technology, or emerging technology that
has a long expected useful life;
(E) will maximize the useful life of any ret-
rofit technology used by the eligible entity; and
(F) use diesel fuel with a sulfur content of
less than or equal to 15 parts per million, as the
Administrator determines to be appropriate.
(d) USE OF FUNDS.—
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(1) IN GENERAL.—An eligible entity may use a
grant or loan provided under this section to fund the
costs of—
(A) a retrofit technology (including any in-
cremental costs of a repowered or new diesel en-
gine) 
that 
significantly 
reduces 
emissions
through development and implementation of a
certified engine configuration, verified tech-
nology, or emerging technology for—
(i) a bus;
(ii) a medium-duty truck or a heavy-
duty truck;
(iii) a marine engine;
(iv) a locomotive; or
(v) a nonroad engine or vehicle used
in—
(I) construction;
(II) handling of cargo (including
at a port or airport);
(III) agriculture;
(IV) mining; or
(V) energy production; or
(B) an idle-reduction program involving a
vehicle or equipment described in subparagraph
(A).
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(2) REGULATORY PROGRAMS.—
(A) IN GENERAL.—Notwithstanding para-
graph (1), no grant or loan provided under this
section shall be used to fund the costs of emis-
sions reductions that are mandated under Fed-
eral, State or local law.
(B) MANDATED.—For purposes of subpara-
graph (A), voluntary or elective emission reduc-
tion measures shall not be considered ‘‘man-
dated’’, regardless of whether the reductions are
included in the State implementation plan of a
State.
SEC. 753. STATE GRANT AND LOAN PROGRAMS.
(a) IN GENERAL.—Subject to the availability of ade-
quate appropriations, the Administrator shall use 30 per-
cent of the funds made available for a fiscal year under
this subtitle to support grant and loan programs adminis-
tered by States that are designed to achieve significant re-
ductions in diesel emissions.
(b) APPLICATIONS.—The Administrator shall—
(1) provide to States guidance for use in apply-
ing for grant or loan funds under this section, includ-
ing information regarding—
(A) the process and forms for applications;
(B) permissible uses of funds received; and
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(C) the cost-effectiveness of various emission
reduction technologies eligible to be carried out
using funds provided under this section; and
(2) establish, for applications described in para-
graph (1)—
(A) an annual deadline for submission of
the applications;
(B) a process by which the Administrator
shall approve or disapprove each application;
and
(C) a streamlined process by which a State
may renew an application described in para-
graph (1) for subsequent fiscal years.
(c) ALLOCATION OF FUNDS.—
(1) IN GENERAL.—For each fiscal year, the Ad-
ministrator shall allocate among States for which ap-
plications are approved by the Administrator under
subsection (b)(2)(B) funds made available to carry
out this section for the fiscal year.
(2) ALLOCATION.—Using not more than 20 per-
cent of the funds made available to carry out this sub-
title for a fiscal year, the Administrator shall provide
to each State described in paragraph (1) for the fiscal
year an allocation of funds that is equal to—
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(A) if each of the 50 States qualifies for an
allocation, an amount equal to 2 percent of the
funds made available to carry out this section; or
(B) if fewer than 50 States qualifies for an
allocation, an amount equal to the amount de-
scribed in subparagraph (A), plus an additional
amount equal to the product obtained by
multiplying—
(i) the proportion that—
(I) the population of the State;
bears to
(II) the population of all States
described in paragraph (1); by
(ii) the amount of funds remaining
after each State described in paragraph (1)
receives the 2-percent allocation under this
paragraph.
(3) STATE MATCHING INCENTIVE.—
(A) IN
GENERAL.—If a State agrees to
match the allocation provided to the State under
paragraph (2) for a fiscal year, the Adminis-
trator shall provide to the State for the fiscal
year an additional amount equal to 50 percent
of the allocation of the State under paragraph
(2).
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(B) REQUIREMENTS.—A State—
(i) may not use funds received under
this subtitle to pay a matching share re-
quired under this subsection; and
(ii) shall not be required to provide a
matching share for any additional amount
received under subparagraph (A).
(4) UNCLAIMED FUNDS.—Any funds that are not
claimed by a State for a fiscal year under this sub-
section shall be used to carry out section 742.
(d) ADMINISTRATION.—
(1) IN GENERAL.—Subject to paragraphs (2) and
(3) and, to the extent practicable, the priority areas
listed in section 742(c)(3), a State shall use any funds
provided under this section to develop and implement
such grant and low-cost revolving loan programs in
the State as are appropriate to meet State needs and
goals relating to the reduction of diesel emissions.
(2) APPORTIONMENT OF FUNDS.—The Governor
of a State that receives funding under this section
may determine the portion of funds to be provided as
grants or loans.
(3) USE OF FUNDS.—A grant or loan provided
under this section may be used for a project relating
to—
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(A) a certified engine configuration; or
(B) a verified technology.
SEC. 754. EVALUATION AND REPORT.
(a) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act, and biennially thereafter, the
Administrator shall submit to Congress a report evaluating
the implementation of the programs under this subtitle.
(b) INCLUSIONS.—The report shall include a descrip-
tion of—
(1) the total number of grant applications re-
ceived;
(2) each grant or loan made under this subtitle,
including the amount of the grant or loan;
(3) each project for which a grant or loan is pro-
vided under this subtitle, including the criteria used
to select the grant or loan recipients;
(4) the estimated air quality benefits, cost-effec-
tiveness, and cost-benefits of the grant and loan pro-
grams under this subtitle;
(5) the problems encountered by projects for
which a grant or loan is provided under this subtitle;
and
(6) any other information the Administrator
considers to be appropriate.
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SEC. 755. OUTREACH AND INCENTIVES.
(a) DEFINITION OF ELIGIBLE TECHNOLOGY.—In this
section, the term ‘‘eligible technology’’ means—
(1) a verified technology; or
(2) an emerging technology.
(b) TECHNOLOGY TRANSFER PROGRAM.—
(1) IN GENERAL.—The Administrator shall es-
tablish a program under which the Administrator—
(A) informs stakeholders of the benefits of el-
igible technologies; and
(B) develops nonfinancial incentives to pro-
mote the use of eligible technologies.
(2) ELIGIBLE
STAKEHOLDERS.—Eligible stake-
holders under this section include—
(A) equipment owners and operators;
(B) emission control technology manufac-
turers;
(C) engine and equipment manufacturers;
(D) State and local officials responsible for
air quality management;
(E) community organizations; and
(F) public health and environmental orga-
nizations.
(c) STATE IMPLEMENTATION PLANS.—The Adminis-
trator shall develop appropriate guidance to provide credit
to a State for emission reductions in the State created by
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the use of eligible technologies through a State implementa-
tion plan under section 110 of the Clean Air Act (42 U.S.C.
7410).
(d) INTERNATIONAL MARKETS.—The Administrator,
in coordination with the Department of Commerce and in-
dustry stakeholders, shall inform foreign countries with air
quality problems of the potential of technology developed or
used in the United States to provide emission reductions
in those countries.
SEC. 756. EFFECT OF SUBTITLE.
Nothing in this subtitle affects any authority under the
Clean Air Act (42 U.S.C. 7401 et seq.) in existence on the
day before the date of enactment of this Act.
SEC. 757. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out
this subtitle $200,000,000 for each of fiscal years 2006
through 2010, to remain available until expended.
TITLE VIII—HYDROGEN
SEC. 801. HYDROGEN RESEARCH, DEVELOPMENT, AND DEM-
ONSTRATION.
The Spark M. Matsunaga Hydrogen Research, Devel-
opment, and Demonstration Act of 1990 (42 U.S.C. 12401
et seq.) is amended to read as follows:
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‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
‘‘(a) SHORT TITLE.—This Act may be cited as the
‘Spark M. Matsunaga Hydrogen Research, Development,
and Demonstration Act of 1990’.
‘‘(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
‘‘Sec. 1. Short title; table of contents.
‘‘Sec. 2. Purposes.
‘‘Sec. 3. Definitions.
‘‘TITLE I—HYDROGEN AND FUEL CELLS
‘‘Sec. 101. Hydrogen and fuel cell technology research and development.
‘‘Sec. 102. Task Force.
‘‘Sec. 103. Technology transfer.
‘‘Sec. 104. Authorization of appropriations.
‘‘TITLE II—HYDROGEN AND FUEL CELL DEMONSTRATION
‘‘Sec. 201. Hydrogen Supply and Fuel Cell Demonstration Program.
‘‘Sec. 202. Authorization of appropriations.
‘‘TITLE III—REGULATORY MANAGEMENT
‘‘Sec. 301. Codes and standards.
‘‘Sec. 302. Disclosure.
‘‘Sec. 303. Authorization of appropriations.
‘‘TITLE IV—REPORTS
‘‘Sec. 401. Deployment of hydrogen technology.
‘‘Sec. 402. Authorization of appropriations.
‘‘TITLE V—TERMINATION OF AUTHORITY
‘‘Sec. 501. Termination of authority.
‘‘SEC. 2. PURPOSES.
‘‘The purposes of this Act are—
‘‘(1) to enable and promote comprehensive devel-
opment, demonstration, and commercialization of hy-
drogen and fuel cell technology in partnership with
industry;
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‘‘(2) to make critical public investments in
building strong links to private industry, institutions
of higher education, National Laboratories, and re-
search institutions to expand innovation and indus-
trial growth;
‘‘(3) to build a mature hydrogen economy that
creates fuel diversity in the massive transportation
sector of the United States;
‘‘(4) to sharply decrease the dependency of the
United States on imported oil, eliminate most emis-
sions from the transportation sector, and greatly en-
hance our energy security; and
‘‘(5) to create, strengthen, and protect a sustain-
able national energy economy.
‘‘SEC. 3. DEFINITIONS.
‘‘In this Act:
‘‘(1) DEPARTMENT.—The term ‘Department’
means the Department of Energy.
‘‘(2) FUEL CELL.—The term ‘fuel cell’ means a
device that directly converts the chemical energy of a
fuel, which is supplied from an external source, and
an oxidant into electricity by electrochemical proc-
esses occurring at separate electrodes in the device.
‘‘(3) HEAVY-DUTY VEHICLE.—The term ‘heavy-
duty vehicle’ means a motor vehicle that—
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‘‘(A) is rated at more than 8,500 pounds
gross vehicle weight;
‘‘(B) has a curb weight of more than 6,000
pounds; or
‘‘(C) has a basic vehicle frontal area in ex-
cess of 45 square feet.
‘‘(4) INFRASTRUCTURE.—The term ‘infrastruc-
ture’ means the equipment, systems, or facilities used
to produce, distribute, deliver, or store hydrogen (ex-
cept for onboard storage).
‘‘(5) LIGHT-DUTY
VEHICLE.—The term ‘light-
duty vehicle’ means a motor vehicle that is rated at
8,500 or less pounds gross vehicle weight.
‘‘(6) SECRETARY.—The term ‘Secretary’ means
the Secretary of Energy.
‘‘(7) STATIONARY; PORTABLE.—The terms ‘sta-
tionary’ and ‘portable’, when used in reference to a
fuel cell, include—
‘‘(A) continuous electric power; and
‘‘(B) backup electric power.
‘‘(8) TASK
FORCE.—The term ‘Task Force’
means the Hydrogen and Fuel Cell Technical Task
Force established under section 102(a).
‘‘(9) TECHNICAL
ADVISORY
COMMITTEE.—The
term ‘Technical Advisory Committee’ means the inde-