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pdfPUBLIC LAW 109–58—AUG. 8, 2005
ENERGY POLICY ACT OF 2005
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PUBLIC LAW 109–58—AUG. 8, 2005
or micro fuel cell in accordance with paragraph (1), that
agency shall be excepted from compliance with paragraph
(1).
(B) CONSIDERATION.—In making a determination under
subparagraph (A), the Secretary shall consider—
(i) the needs of the agency; and
(ii) an evaluation performed by—
(I) the Task Force; or
(II) the Technical Advisory Committee of the
Task Force.
(c) ENERGY SAVINGS GOALS.—An agency that leases or purchases a stationary, portable, or micro fuel cell in accordance with
subsection (b)(1) may use that lease or purchase to count toward
an energy savings goal described in section 808 of this Act that
is applicable to the agency.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section—
(1) $20,000,000 for fiscal year 2006;
(2) $50,000,000 for fiscal year 2007;
(3) $75,000,000 for fiscal year 2008;
(4) $100,000,000 for fiscal year 2009;
(5) $100,000,000 for fiscal year 2010; and
(6) such sums as are necessary for each of fiscal years
2011 through 2015.
Subtitle G—Diesel Emissions Reduction
42 USC 16131.
SEC. 791. DEFINITIONS.
In this subtitle:
(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 or port
authority with jurisdiction over transportation or air
quality; and
(B) a nonprofit organization or institution that—
(i) represents or provides pollution reduction or
educational services to persons or organizations that
own or operate diesel fleets; or
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(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) FLEET.—The term ‘‘fleet’’ means one or more diesel
vehicles or mobile or stationary diesel engines.
(6) 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).
(7) MEDIUM-DUTY TRUCK.—The term ‘‘medium-duty truck’’
has such meaning as shall be determined by the Administrator,
by regulation.
(8) VERIFIED TECHNOLOGY.—The term ‘‘verified technology’’
means a pollution control technology, including a retrofit technology, advanced truckstop electrification system, or auxiliary
power unit, that has been verified by—
(A) the Administrator; or
(B) the California Air Resources Board.
SEC. 792. NATIONAL GRANT AND LOAN PROGRAMS.
42 USC 16132.
(a) IN GENERAL.—The Administrator shall use 70 percent of
the funds made available to carry out this subtitle 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 subtitle 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
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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
fleets 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 or funded
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 or funded by the eligible entity;
(G) a description of the diesel fuel available in the
areas to be served by 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 fleets, including truckstops,
ports, rail yards, terminals, 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;
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(E) will maximize the useful life of any certified engine
configuration, verified technology, or emerging technology
used or funded by the eligible entity;
(F) conserve diesel fuel; and
(G) 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) programs or projects to reduce long-duration idling
using verified technology 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. 793. STATE GRANT AND LOAN PROGRAMS.
42 USC 16133.
(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 subtitle 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)—
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(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 subtitle 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 subtitle
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 792.
(d) ADMINISTRATION.—
(1) IN GENERAL.—Subject to paragraphs (2) and (3) and,
to the extent practicable, the priority areas listed in section
792(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.
Deadline.
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(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. 794. EVALUATION AND REPORT.
42 USC 16134.
(a) IN GENERAL.—Not later than 1 year after the date on
which funds are made available under this subtitle, 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 description of—
(1) the total number of grant applications received;
(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 provided
under this subtitle, including the criteria used to select the
grant or loan recipients;
(4) the actual and estimated air quality and diesel fuel
conservation benefits, cost-effectiveness, and cost-benefits of the
grant and loan programs 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.
SEC. 795. OUTREACH AND INCENTIVES.
42 USC 16135.
(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 and pollution 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, educational, 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,
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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.
42 USC 16136.
SEC. 796. 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.
42 USC 16137.
SEC. 797. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this subtitle
$200,000,000 for each of fiscal years 2007 through 2011, to remain
available until expended.
TITLE VIII—HYDROGEN
Spark M.
Matsunaga
Hydrogen Act of
2005.
42 USC 15801
note.
SEC. 801. HYDROGEN AND FUEL CELL PROGRAM.
42 USC 16151.
SEC. 802. PURPOSES.
This title may be cited as the ‘‘Spark M. Matsunaga Hydrogen
Act of 2005’’.
The purposes of this title are—
(1) to enable and promote comprehensive development,
demonstration, and commercialization of hydrogen and fuel
cell technology in partnership with industry;
(2) to make critical public investments in building strong
links to private industry, institutions of higher education,
National Laboratories, and research institutions to expand
innovation and industrial 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 emissions from the transportation sector, and greatly enhance our energy security; and
(5) to create, strengthen, and protect a sustainable national
energy economy.
42 USC 16152.
SEC. 803. DEFINITIONS.
In this title:
(1) 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 processes occurring at separate electrodes in
the device.
(2) HEAVY-DUTY VEHICLE.—The term ‘‘heavy-duty vehicle’’
means a motor vehicle that—
(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 excess of 45
square feet.
(3) INFRASTRUCTURE.—The term ‘‘infrastructure’’ means the
equipment, systems, or facilities used to produce, distribute,
deliver, or store hydrogen (except for onboard storage).
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DIESEL EMISSIONS REDUCTION ACT OF 2010
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PUBLIC LAW 111–364—JAN. 4, 2011
Public Law 111–364
111th Congress
An Act
To amend the Energy Policy Act of 2005 to reauthorize and modify provisions
relating to the diesel emissions reduction program.
Jan. 4, 2011
[H.R. 5809]
Diesel Emissions
Reduction Act
of 2010.
42 USC 15801
note.
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 2010’’.
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SEC. 2. DIESEL EMISSIONS REDUCTION PROGRAM.
(a) DEFINITIONS.—Section 791 of the Energy Policy Act of 2005
(42 U.S.C. 16131) is amended—
(1) in paragraph (3)—
(A) in subparagraph (A), by striking ‘‘and’’ at the end;
(B) in subparagraph (B), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(C) any private individual or entity that—
‘‘(i) is the owner of record of a diesel vehicle or
fleet operated pursuant to a contract, license, or lease
with a Federal department or agency or an entity
described in subparagraph (A); and
‘‘(ii) meets such timely and appropriate requirements as the Administrator may establish for vehicle
use and for notice to and approval by the Federal
department or agency or entity described in subparagraph (A) with respect to which the owner has entered
into a contract, license, or lease as described in clause
(i).’’;
(2) in paragraph (4), by inserting ‘‘currently, or has not
been previously,’’ after ‘‘that is not’’;
(3) by striking paragraph (9);
(4) by redesignating paragraph (8) as paragraph (9);
(5) in paragraph (9) (as so redesignated), in the matter
preceding subparagraph (A), by striking ‘‘, advanced truckstop
electrification system,’’; and
(6) by inserting after paragraph (7) the following:
‘‘(8) STATE.—The term ‘State’ means the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, the United States Virgin Islands, American Samoa,
and the Commonwealth of the Northern Mariana Islands.’’.
(b) NATIONAL GRANT, REBATE, AND LOAN PROGRAMS.—Section
792 of the Energy Policy Act of 2005 (42 U.S.C. 16132) is amended—
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(1) in the section heading, by inserting ‘‘, REBATE,’’ after
‘‘GRANT’’;
(2) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘to provide grants and low-cost revolving loans, as determined by the Administrator, on a competitive basis, to
eligible entities’’ and inserting ‘‘to provide grants, rebates,
or low-cost revolving loans, as determined by the Administrator, on a competitive basis, to eligible entities, including
through contracts entered into under subsection (e) of this
section,’’; and
(B) in paragraph (1), by striking ‘‘tons of’’;
(3) in subsection (b)—
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as paragraph (2);
and
(C) in paragraph (2) (as so redesignated)—
(i) in subparagraph (A), in the matter preceding
clause (i), by striking ‘‘90’’ and inserting ‘‘95’’;
(ii) in subparagraph (B)(i), by striking ‘‘10 percent’’
and inserting ‘‘5 percent’’; and
(iii) in subparagraph (B)(ii), by striking ‘‘the
application under subsection (c)’’ and inserting ‘‘a
verification application’’;
(4) in subsection (c)—
(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(B) by striking paragraph (1) and inserting the following:
‘‘(1) EXPEDITED PROCESS.—
‘‘(A) IN GENERAL.—The Administrator shall develop a
simplified application process for all applicants under this
section to expedite the provision of funds.
‘‘(B) REQUIREMENTS.—In developing the expedited
process under subparagraph (A), the Administrator—
‘‘(i) shall take into consideration the special circumstances affecting small fleet owners; and
‘‘(ii) to avoid duplicative procedures, may require
applicants to include in an application under this section the results of a competitive bidding process for
equipment and installation.
‘‘(2) ELIGIBILITY.—
‘‘(A) GRANTS.—To be eligible to receive a grant under
this section, an eligible entity shall submit to the Administrator an application at such time, in such manner, and
containing such information as the Administrator may
require.
‘‘(B) REBATES AND LOW-COST LOANS.—To be eligible
to receive a rebate or a low-cost loan under this section,
an eligible entity shall submit an application in accordance
with such guidance as the Administrator may establish—
‘‘(i) to the Administrator; or
‘‘(ii) to an entity that has entered into a contract
under subsection (e).’’;
(C) in paragraph (3)(G) (as redesignated by subparagraph (A)), by inserting ‘‘in the case of an application
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Deadline.
Web posting.
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relating to nonroad engines or vehicles,’’ before ‘‘a description of the diesel’’; and
(D) in paragraph (4) (as redesignated by subparagraph
(A))—
(i) in the matter preceding subparagraph (A)—
(I) by inserting ‘‘, rebate,’’ after ‘‘grant’’; and
(II) by inserting ‘‘highest’’ after ‘‘shall give’’;
(ii) in subparagraph (C)(iii)—
(I) by striking ‘‘a diesel fleets’’ and inserting
‘‘diesel fleets’’; and
(II) by inserting ‘‘construction sites, schools,’’
after ‘‘terminals,’’;
(iii) in subparagraph (E), by adding ‘‘and’’ at the
end;
(iv) in subparagraph (F), by striking ‘‘; and’’ and
inserting a period; and
(v) by striking subparagraph (G);
(5) in subsection (d)—
(A) in paragraph (1), in the matter preceding subparagraph (A), by inserting ‘‘, rebate,’’ after ‘‘grant’’; and
(B) in paragraph (2)(A)—
(i) by striking ‘‘grant or loan provided’’ and
inserting ‘‘grant, rebate, or loan provided, or contract
entered into,’’; and
(ii) by striking ‘‘Federal, State or local law’’ and
inserting ‘‘any Federal law, except that this subparagraph shall not apply to a mandate in a State
implementation plan approved by the Administrator
under the Clean Air Act’’; and
(6) by adding at the end the following:
‘‘(e) CONTRACT PROGRAMS.—
‘‘(1) AUTHORITY.—In addition to the use of contracting
authority otherwise available to the Administrator, the
Administrator may enter into contracts with eligible contractors
described in paragraph (2) for the administration of programs
for providing rebates or loans, subject to the requirements
of this subtitle.
‘‘(2) ELIGIBLE CONTRACTORS.—The Administrator may enter
into a contract under this subsection with a for-profit or nonprofit entity that has the capacity—
‘‘(A) to sell diesel vehicles or equipment to, or to
arrange financing for, individuals or entities that own a
diesel vehicle or fleet; or
‘‘(B) to upgrade diesel vehicles or equipment with
verified or Environmental Protection Agency-certified
engines or technologies, or to arrange financing for such
upgrades.
‘‘(f) PUBLIC NOTIFICATION.—Not later than 60 days after the
date of the award of a grant, rebate, or loan, the Administrator
shall publish on the website of the Environmental Protection
Agency—
‘‘(1) for rebates and loans provided to the owner of a diesel
vehicle or fleet, the total number and dollar amount of rebates
or loans provided, as well as a breakdown of the technologies
funded through the rebates or loans; and
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‘‘(2) for other rebates and loans, and for grants, a description of each application for which the grant, rebate, or loan
is provided.’’.
(c) STATE GRANT, REBATE, AND LOAN PROGRAMS.—Section 793
of the Energy Policy Act of 2005 (42 U.S.C. 16133) is amended—
(1) in the section heading, by inserting ‘‘, REBATE,’’ after
‘‘GRANT’’;
(2) in subsection (a), by inserting ‘‘, rebate,’’ after ‘‘grant’’;
(3) in subsection (b)(1), by inserting ‘‘, rebate,’’ after ‘‘grant’’;
(4) by amending subsection (c)(2) to read as follows:
‘‘(2) ALLOCATION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), using not more than 20 percent of
the funds made available to carry out this subtitle for
a fiscal year, the Administrator shall provide to each State
qualified for an allocation for the fiscal year an allocation
equal to 1⁄53 of the funds made available for that fiscal
year for distribution to States under this paragraph.
‘‘(B) CERTAIN TERRITORIES.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), Guam, the United States Virgin Islands, American
Samoa, and the Commonwealth of the Northern Mariana Islands shall collectively receive an allocation
equal to 1⁄53 of the funds made available for that fiscal
year for distribution to States under this subsection,
divided equally among those 4 States.
‘‘(ii) EXCEPTION.—If any State described in clause
(i) does not qualify for an allocation under this paragraph, the share of funds otherwise allocated for that
State under clause (i) shall be reallocated pursuant
to subparagraph (C).
‘‘(C) REALLOCATION.—If any State does not qualify for
an allocation under this paragraph, the share of funds
otherwise allocated for that State under this paragraph
shall be reallocated to each remaining qualified State in
an amount equal to the product obtained by multiplying—
‘‘(i) the proportion that the population of the State
bears to the population of all States described in paragraph (1); by
‘‘(ii) the amount otherwise allocatable to the nonqualifying State under this paragraph.’’;
(5) in subsection (d)—
(A) in paragraph (1), by inserting ‘‘, rebate,’’ after
‘‘grant’’;
(B) in paragraph (2), by inserting ‘‘, rebates,’’ after
‘‘grants’’;
(C) in paragraph (3), in the matter preceding subparagraph (A), by striking ‘‘grant or loan provided under this
section may be used’’ and inserting ‘‘grant, rebate, or loan
provided under this section shall be used’’; and
(D) by adding at the end the following:
‘‘(4) PRIORITY.—In providing grants, rebates, and loans
under this section, a State shall use the priorities in section
792(c)(4).
‘‘(5) PUBLIC NOTIFICATION.—Not later than 60 days after
the date of the award of a grant, rebate, or loan by a State,
the State shall publish on the Web site of the State—
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Web posting.
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PUBLIC LAW 111–364—JAN. 4, 2011
‘‘(A) for rebates, grants, and loans provided to the
owner of a diesel vehicle or fleet, the total number and
dollar amount of rebates, grants, or loans provided, as
well as a breakdown of the technologies funded through
the rebates, grants, or loans; and
‘‘(B) for other rebates, grants, and loans, a description
of each application for which the grant, rebate, or loan
is provided.’’.
(d) EVALUATION AND REPORT.—Section 794(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16134(b)) is amended—
(1) in each of paragraphs (2) through (5) by inserting ‘‘,
rebate,’’ after ‘‘grant’’ each place it appears;
(2) in paragraph (5), by striking ‘‘and’’ at the end;
(3) in paragraph (6), by striking the period at the end
and inserting ‘‘; and’’; and
(4) by adding at the end the following new paragraph:
‘‘(7) in the last report sent to Congress before January
1, 2016, an analysis of the need to continue the program,
including an assessment of the size of the vehicle and engine
fleet that could provide benefits from being retrofit under this
program and a description of the number and types of applications that were not granted in the preceding year.’’.
(e) AUTHORIZATION OF APPROPRIATIONS.—Section 797 of the
Energy Policy Act of 2005 (42 U.S.C. 16137) is amended to read
as follows:
‘‘SEC. 797. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There is authorized to be appropriated to
carry out this subtitle $100,000,000 for each of fiscal years 2012
through 2016, to remain available until expended.
‘‘(b) MANAGEMENT AND OVERSIGHT.—The Administrator may
use not more than 1 percent of the amounts made available under
subsection (a) for each fiscal year for management and oversight
purposes.’’.
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SEC. 3. AUDIT.
Web posting.
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(a) IN GENERAL.—Not later than 360 days after the date of
enactment of this Act, the Comptroller General of the United States
shall carry out an audit to identify—
(1) all Federal mobile source clean air grant, rebate, or
low cost revolving loan programs under the authority of the
Administrator of the Environmental Protection Agency, the Secretary of Transportation, or other relevant Federal agency
heads that are designed to address diesel emissions from, or
reduce diesel fuel usage by, diesel engines and vehicles; and
(2) whether, and to what extent, duplication or overlap
among, or gaps between, these Federal mobile source clean
air programs exists.
(b) REPORT.—The Comptroller General of the United States
shall—
(1) submit to the Committee on Environment and Public
Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a copy of the audit
under subsection (a); and
(2) make a copy of the audit under subsection (a) available
on a publicly accessible Internet site.
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PUBLIC LAW 111–364—JAN. 4, 2011
124 STAT. 4061
(c) OFFSET.—All unobligated amounts provided to carry out
the pilot program under title I of division G of the Omnibus Appropriations Act, 2009 (Public Law 111–8; 123 Stat. 814) under the
heading ‘‘MISCELLANEOUS ITEMS’’ are rescinded.
SEC. 4. EFFECTIVE DATE.
(a) GENERAL RULE.—Except as provided in subsection (b), the
amendments made by section 2 shall take effect on October 1,
2011.
(b) EXCEPTION.—The amendments made by subsections (a)(4)
and (6) and (c)(4) of section 2 shall take effect on the date of
enactment of this Act.
42 USC 16131
note.
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Approved January 4, 2011.
LEGISLATIVE HISTORY—H.R. 5809:
HOUSE REPORTS: No. 111–618, Pt. 1 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 156 (2010):
Sept. 22, considered and passed House.
Dec. 16, considered and passed Senate, amended.
Dec. 21, House concurred in Senate amendments.
Æ
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APPS06
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(PART 1) *
PUBLIC LAW 116–260—DEC. 27, 2020
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CONSOLIDATED APPROPRIATIONS ACT, 2021
* Editorial note: Part 1 contains pages 134 Stat. 1182 through 134 Stat. 2247. See note at the
end.
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PUBL260A
PUBLIC LAW 116–260—DEC. 27, 2020
134 STAT. 2243
valve, or other pressure-limiting devices appropriate
for the configuration and siting of the station and,
in the case of a regulator station that employs the
primary and monitor regulator design, the operator
shall eliminate the common mode of failure or provide
backup protection capable of either shutting the flow
of gas, relieving gas to the atmosphere to fully protect
the distribution system from overpressurization events,
or there must be technology in place to eliminate a
common mode of failure; and
‘‘(iv) if the Secretary determines that it is not
operationally possible for an operator to implement
the requirements under clause (iii), the Secretary shall
require such operator to identify actions in their plan
that minimize the risk of an overpressurization event.’’.
Determination.
DIVISION S—INNOVATION FOR THE
ENVIRONMENT
SEC. 101. REAUTHORIZATION OF DIESEL EMISSIONS REDUCTION PROGRAM.
Section 797(a) of the Energy Policy Act of 2005 (42 U.S.C.
16137(a)) is amended by striking ‘‘2016’’ and inserting ‘‘2024’’.
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SEC. 102. ENCOURAGING PROJECTS TO REDUCE EMISSIONS.
(a) SHORT TITLE.—This section may be cited as the ‘‘Utilizing
Significant Emissions with Innovative Technologies Act’’ or the
‘‘USE IT Act’’.
(b) RESEARCH, INVESTIGATION, TRAINING, AND OTHER ACTIVITIES.—Section 103 of the Clean Air Act (42 U.S.C. 7403) is
amended—
(1) in subsection (c)(3), in the first sentence of the matter
preceding subparagraph (A), by striking ‘‘percursors’’ and
inserting ‘‘precursors’’; and
(2) in subsection (g)—
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting
appropriately;
(B) in the undesignated matter following subparagraph
(D) (as so redesignated)—
(i) in the second sentence, by striking ‘‘The
Administrator’’ and inserting the following:
‘‘(5) COORDINATION AND AVOIDANCE OF DUPLICATION.—The
Administrator’’; and
(ii) in the first sentence, by striking ‘‘Nothing’’
and inserting the following:
‘‘(4) EFFECT OF SUBSECTION.—Nothing’’;
(C) in the matter preceding subparagraph (A) (as so
redesignated)—
(i) in the third sentence, by striking ‘‘Such program’’ and inserting the following:
‘‘(3) PROGRAM INCLUSIONS.—The program under this subsection’’;
(ii) in the second sentence—
(I) by inserting ‘‘States, institutions of higher
education,’’ after ‘‘scientists,’’; and
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Utilizing
Significant
Emissions with
Innovative
Technologies Act.
42 USC 4321
note.
PUBL260A
134 STAT. 2244
(II) by striking ‘‘Such strategies and technologies shall be developed’’ and inserting the following:
‘‘(2) PARTICIPATION REQUIREMENT.—Such strategies and
technologies described in paragraph (1) shall be developed’’;
and
(iii) in the first sentence, by striking ‘‘In carrying
out’’ and inserting the following:
‘‘(1) IN GENERAL.—In carrying out’’; and
(D) by adding at the end the following:
‘‘(6) CERTAIN CARBON DIOXIDE ACTIVITIES.—
‘‘(A) IN GENERAL.—In carrying out paragraph (3)(A)
with respect to carbon dioxide, the Administrator—
‘‘(i) is authorized to carry out the activities
described in subparagraph (B); and
‘‘(ii) shall carry out the activities described in
subparagraph (C).
‘‘(B) DIRECT AIR CAPTURE RESEARCH.—
‘‘(i) DEFINITIONS.—In this subparagraph:
‘‘(I) BOARD.—The term ‘Board’ means the
Direct Air Capture Technology Advisory Board
established by clause (iii)(I).
‘‘(II) DILUTE.—The term ‘dilute’ means a concentration of less than 1 percent by volume.
‘‘(III) DIRECT AIR CAPTURE.—
‘‘(aa) IN GENERAL.—The term ‘direct air
capture’, with respect to a facility, technology,
or system, means that the facility, technology,
or system uses carbon capture equipment to
capture carbon dioxide directly from the air.
‘‘(bb) EXCLUSION.—The term ‘direct air
capture’ does not include any facility, technology, or system that captures carbon
dioxide—
‘‘(AA) that is deliberately released
from a naturally occurring subsurface
spring; or
‘‘(BB) using natural photosynthesis.
‘‘(IV) INTELLECTUAL PROPERTY.—The term
‘intellectual property’ means—
‘‘(aa) an invention that is patentable under
title 35, United States Code; and
‘‘(bb) any patent on an invention described
in item (aa).
‘‘(ii) TECHNOLOGY PRIZES.—
‘‘(I) IN GENERAL.—Not later than 1 year after
the date of enactment of the Utilizing Significant
Emissions with Innovative Technologies Act, the
Administrator, in consultation with the Secretary
of Energy, is authorized to establish a program
to provide financial awards on a competitive basis
for direct air capture from media in which the
concentration of carbon dioxide is dilute.
‘‘(II) DUTIES.—In carrying out this clause, the
Administrator shall—
‘‘(aa) subject to subclause (III), develop
specific requirements for—
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Deadline.
Consultation.
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PUBLIC LAW 116–260—DEC. 27, 2020
134 STAT. 2245
‘‘(AA) the competition process; and
‘‘(BB) the demonstration of performance of approved projects;
‘‘(bb) offer financial awards for a project
designed—
‘‘(AA) to the maximum extent practicable, to capture more than 10,000 tons
of carbon dioxide per year;
‘‘(BB) to operate in a manner that
would be commercially viable in the
foreseeable future (as determined by the
Board); and
‘‘(CC) to improve the technologies or
information systems that enable monitoring and verification methods for direct
air capture projects; and
‘‘(cc) to the maximum extent practicable,
make financial awards to geographically
diverse projects, including at least—
‘‘(AA) 1 project in a coastal State; and
‘‘(BB) 1 project in a rural State.
‘‘(III) PUBLIC PARTICIPATION.—In carrying out
subclause (II)(aa), the Administrator shall—
‘‘(aa) provide notice of and, for a period
of not less than 60 days, an opportunity for
public comment on, any draft or proposed
version of the requirements described in subclause (II)(aa); and
‘‘(bb) take into account public comments
received in developing the final version of
those requirements.
‘‘(iii) DIRECT AIR CAPTURE TECHNOLOGY ADVISORY
BOARD.—
‘‘(I) ESTABLISHMENT.—The Administrator may
establish an advisory board to be known as the
‘Direct Air Capture Technology Advisory Board’.
‘‘(II) COMPOSITION.—The Board, on the
establishment of the Board, shall be composed of
9 members appointed by the Administrator, who
shall provide expertise in—
‘‘(aa) climate science;
‘‘(bb) physics;
‘‘(cc) chemistry;
‘‘(dd) biology;
‘‘(ee) engineering;
‘‘(ff) economics;
‘‘(gg) business management; and
‘‘(hh) such other disciplines as the
Administrator determines to be necessary to
achieve the purposes of this subparagraph.
‘‘(III) TERM; VACANCIES.—
‘‘(aa) TERM.—A member of the Board shall
serve for a term of 6 years.
‘‘(bb) VACANCIES.—A vacancy on the
Board—
‘‘(AA) shall not affect the powers of
the Board; and
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Notice.
Time period.
Appointment.
PUBL260A
134 STAT. 2246
PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(BB) shall be filled in the same
manner as the original appointment was
made.
‘‘(IV) INITIAL MEETING.—Not later than 30
days after the date on which all members of the
Board have been appointed, the Board shall hold
the initial meeting of the Board.
‘‘(V) MEETINGS.—The Board shall meet at the
call of the Chairperson or on the request of the
Administrator.
‘‘(VI) QUORUM.—A majority of the members
of the Board shall constitute a quorum, but a
lesser number of members may hold hearings.
‘‘(VII) CHAIRPERSON AND VICE CHAIRPERSON.—
The Board shall select a Chairperson and Vice
Chairperson from among the members of the
Board.
‘‘(VIII) COMPENSATION.—Each member of the
Board may be compensated at not to exceed the
daily equivalent of the annual rate of basic pay
in effect for a position at level V of the Executive
Schedule under section 5316 of title 5, United
States Code, for each day during which the
member is engaged in the actual performance of
the duties of the Board.
‘‘(IX) DUTIES.—The Board shall—
‘‘(aa) advise the Administrator on carrying
out the duties of the Administrator under this
subparagraph; and
‘‘(bb) provide other assistance and advice
as requested by the Administrator.
‘‘(iv) INTELLECTUAL PROPERTY.—
‘‘(I) IN GENERAL.—As a condition of receiving
a financial award under this subparagraph, an
applicant shall agree to vest the intellectual property of the applicant derived from the technology
in 1 or more entities that are incorporated in the
United States.
‘‘(II) RESERVATION OF LICENSE.—The United
States—
‘‘(aa) may reserve a nonexclusive, nontransferable, irrevocable, paid-up license, to
have practiced for or on behalf of the United
States, in connection with any intellectual
property described in subclause (I); but
‘‘(bb) shall not, in the exercise of a license
reserved under item (aa), publicly disclose
proprietary information relating to the license.
‘‘(III) TRANSFER OF TITLE.—Title to any
intellectual property described in subclause (I)
shall not be transferred or passed, except to an
entity that is incorporated in the United States,
until the expiration of the first patent obtained
in connection with the intellectual property.
‘‘(v) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this subparagraph $35,000,000, to remain available until expended.
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PUBLIC LAW 116–260—DEC. 27, 2020
134 STAT. 2247
‘‘(vi) TERMINATION OF AUTHORITY.—Notwithstanding section 14 of the Federal Advisory Committee
Act (5 U.S.C. App.), the Board and all authority provided under this subparagraph shall terminate not
later than 12 years after the date of enactment of
the Utilizing Significant Emissions with Innovative
Technologies Act.
‘‘(C) DEEP SALINE FORMATION REPORT.—
‘‘(i) DEFINITION OF DEEP SALINE FORMATION.—
‘‘(I) IN GENERAL.—In this subparagraph, the
term ‘deep saline formation’ means a formation
of subsurface geographically extensive sedimentary
rock layers saturated with waters or brines that
have a high total dissolved solids content and that
are below the depth where carbon dioxide can exist
in the formation as a supercritical fluid.
‘‘(II) CLARIFICATION.—In this subparagraph,
the term ‘deep saline formation’ does not include
oil and gas reservoirs.
‘‘(ii) REPORT.—In consultation with the Secretary
of Energy, and, as appropriate, with the head of any
other relevant Federal agency and relevant stakeholders, not later than 1 year after the date of enactment of the Utilizing Significant Emissions with
Innovative Technologies Act, the Administrator shall
prepare, submit to Congress, and make publicly available a report that includes—
‘‘(I) a comprehensive identification of potential
risks and benefits to project developers associated
with increased storage of carbon dioxide captured
from stationary sources in deep saline formations,
using existing research;
‘‘(II) recommendations for managing the potential risks identified under subclause (I), including
potential risks unique to public land; and
‘‘(III) recommendations for Federal legislation
or other policy changes to mitigate any potential
risks identified under subclause (I).
‘‘(D) GAO REPORT.—Not later than 5 years after the
date of enactment of the Utilizing Significant Emissions
with Innovative Technologies Act, the Comptroller General
of the United States shall submit to Congress a report
that—
‘‘(i) identifies all Federal grant programs in which
a purpose of a grant under the program is to perform
research on carbon capture and utilization technologies, including direct air capture technologies; and
‘‘(ii) examines the extent to which the Federal
grant programs identified pursuant to clause (i) overlap
or are duplicative.’’.
(c) CARBON UTILIZATION PROGRAM.—
(1) IN GENERAL.—Subtitle F of title IX of the Energy Policy
Act of 2005 (42 U.S.C. 16291 et seq.) is amended by inserting
after section 968 the following:
Consultation.
Public
information.
Recommendations.
Note: See Part 2 for pages 134 Stat. 2248 through 134 Stat. 3305.
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PUBL260A
| File Type | application/pdf |
| File Title | E:\PUBLAW\PUBL058.109 |
| Author | SHARRI02 |
| File Modified | 2023-09-25 |
| File Created | 2023-09-25 |