[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1265 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1265
To make grants and loans available to States and other organizations to
strengthen the economy, public health, and environment of the United
States by reducing emissions from diesel engines.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 16, 2005
Mr. Voinovich (for himself, Mr. Carper, Mrs. Clinton, Mr. Isakson, Mrs.
Hutchison, Mrs. Feinstein, Mr. Inhofe, and Mr. Jeffords) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To make grants and loans available to States and other organizations to
strengthen the economy, public health, and environment of the United
States by reducing emissions from diesel engines.
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 ``Diesel Emissions Reduction Act of
2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Certified engine configuration.--The term ``certified
engine configuration'' means a new, rebuilt, or remanufactured
engine configuration--
(A) that has been certified or verified by--
(i) the Administrator; or
(ii) the California Air Resources Board;
(B) that meets or is rebuilt or remanufactured to a
more stringent set of engine emission standards, as
determined by the Administrator; and
(C) in the case of a certified engine configuration
involving the replacement of an existing engine or
vehicle, an engine configuration that replaced an
engine that was--
(i) removed from the vehicle; and
(ii) returned to the supplier for
remanufacturing to a more stringent set of
engine emissions standards or for scrappage.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a regional, State, local, or tribal agency with
jurisdiction over transportation or air quality; and
(B) a nonprofit organization or institution that--
(i) represents organizations that own or
operate diesel fleets; or
(ii) has, as its principal purpose, the
promotion of transportation or air quality.
(4) Emerging technology.--The term ``emerging technology''
means a technology that is not certified or verified by the
Administrator or the California Air Resources Board but for
which an approvable application and test plan has been
submitted for verification to the Administrator or the
California Air Resources Board.
(5) Heavy-duty truck.--The term ``heavy-duty truck'' has
the meaning given the term ``heavy duty vehicle'' in section
202 of the Clean Air Act (42 U.S.C. 7521).
(6) Medium-duty truck.--The term ``medium-duty truck'' has
such meaning as shall be determined by the Administrator, by
regulation.
(7) Verified technology.--The term ``verified technology''
means a pollution control technology, including a retrofit
technology, that has been verified by--
(A) the Administrator; or
(B) the California Air Resources Board.
SEC. 3. NATIONAL GRANT AND LOAN PROGRAMS.
(a) In General.--The Administrator shall use 70 percent of the
funds made available to carry out this Act for each fiscal year to
provide grants and low-cost revolving loans, as determined by the
Administrator, on a competitive basis, to eligible entities to achieve
significant reductions in diesel emissions in terms of--
(1) tons of pollution produced; and
(2) diesel emissions exposure, particularly from fleets
operating in areas designated by the Administrator as poor air
quality areas.
(b) Distribution.--
(1) In general.--The Administrator shall distribute funds
made available for a fiscal year under this Act in accordance
with this section.
(2) Fleets.--The Administrator shall provide not less than
50 percent of funds available for a fiscal year under this
section to eligible entities for the benefit of public fleets.
(3) Engine configurations and technologies.--
(A) Certified engine configurations and verified
technologies.--The Administrator shall provide not less
than 90 percent of funds available for a fiscal year
under this section to eligible entities for projects
using--
(i) a certified engine configuration; or
(ii) a verified technology.
(B) Emerging technologies.--
(i) In general.--The Administrator shall
provide not more than 10 percent of funds
available for a fiscal year under this section
to eligible entities for the development and
commercialization of emerging technologies.
(ii) Application and test plan.--To receive
funds under clause (i), a manufacturer, in
consultation with an eligible entity, shall
submit for verification to the Administrator or
the California Air Resources Board a test plan
for the emerging technology, 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 Administrator 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 eligible 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;
(D) an evaluation (using methodology approved by
the Administrator or the National Academy of Sciences)
of the quantifiable and unquantifiable benefits of the
emissions reductions 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 eligible 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 priority 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;
(ii) that are poor air quality areas,
including areas identified by the Administrator
as--
(I) in nonattainment or maintenance
of national ambient air quality
standards for a criteria pollutant;
(II) Federal Class I areas; or
(III) areas with toxic air
pollutant concerns;
(iii) that receive a disproportionate
quantity of air pollution from a diesel fleet,
including ports, rail yards, and distribution
centers; or
(iv) that use a community-based
multistakeholder 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 retrofit
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.--
(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
incremental costs of a repowered or new diesel engine)
that significantly reduces emissions through
development and implementation of a certified engine
configuration, verified technology, 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).
(2) Regulatory programs.--
(A) In general.--Notwithstanding paragraph (1), no
grant or loan provided under this section shall be used
to fund the costs of emissions reductions that are
mandated under Federal, State or local law.
(B) Mandated.--For purposes of subparagraph (A),
voluntary or elective emission reduction measures shall
not be considered ``mandated'', regardless of whether
the reductions are included in the State implementation
plan of a State.
SEC. 4. STATE GRANT AND LOAN PROGRAMS.
(a) In General.--Subject to the availability of adequate
appropriations, the Administrator shall use 30 percent of the funds
made available for a fiscal year under this Act to support grant and
loan programs administered by States that are designed to achieve
significant reductions in diesel emissions.
(b) Applications.--The Administrator shall--
(1) provide to States guidance for use in applying for
grant or loan funds under this section, including information
regarding--
(A) the process and forms for applications;
(B) permissible uses of funds received; and
(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 paragraph
(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 paragraph (1) for
subsequent fiscal years.
(c) Allocation of Funds.--
(1) In general.--For each fiscal year, the Administrator
shall allocate among States for which applications 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 percent of the
funds made available to carry out this section 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--
(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 described 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 Administrator 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).
(B) Requirements.--A State--
(i) may not use funds received under this
Act to pay a matching share required 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 subsection shall be used to
carry out section 3.
(d) Administration.--
(1) In general.--Subject to paragraphs (2) and (3) and, to
the extent practicable, the priority areas listed in section
3(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--
(A) a certified engine configuration; or
(B) a verified technology.
SEC. 5. 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 Act.
(b) Inclusions.--The report shall include a description of--
(1) the total number of grant applications received;
(2) each grant or loan made under this Act, including the
amount of the grant or loan;
(3) each project for which a grant or loan is provided
under this Act, including the criteria used to select the grant
or loan recipients;
(4) the estimated air quality benefits, cost-effectiveness,
and cost-benefits of the grant and loan programs under this
Act;
(5) the problems encountered by projects for which a grant
or loan is provided under this Act; and
(6) any other information the Administrator considers to be
appropriate.
SEC. 6. 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 establish a
program under which the Administrator--
(A) informs stakeholders of the benefits of
eligible technologies; and
(B) develops nonfinancial incentives to promote the
use of eligible technologies.
(2) Eligible stakeholders.--Eligible stakeholders under
this section include--
(A) equipment owners and operators;
(B) emission control technology manufacturers;
(C) engine and equipment manufacturers;
(D) State and local officials responsible for air
quality management;
(E) community organizations; and
(F) public health and environmental organizations.
(c) State Implementation Plans.--The Administrator shall develop
appropriate guidance to provide credit to a State for emission
reductions in the State created by the use of eligible technologies
through a State implementation 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 industry 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. 7. EFFECT OF ACT.
Nothing in this Act 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. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$200,000,000 for each of fiscal years 2006 through 2010, to remain
available until expended.
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