42 U.S.C. § 16132
The Administrator shall use 70 percent of the funds made available to carry out this part for each fiscal year 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, to achieve significant reductions in diesel emissions in terms of-
The Administrator shall distribute funds made available for a fiscal year under this part in accordance with this section.
The Administrator shall provide not less than 95 percent of funds available for a fiscal year under this section to eligible entities for projects using-
The Administrator shall provide not more than 5 percent of funds available for a fiscal year under this section to eligible entities for the development and commercialization of emerging technologies.
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 a verification application.
The Administrator shall develop a simplified application process for all applicants under this section to expedite the provision of funds.
In developing the expedited process under subparagraph (A), the Administrator-
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.
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-
An application under this subsection shall include-
In providing a grant, rebate, or loan under this section, the Administrator shall give highest priority to proposed projects that, as determined by the Administrator-
An eligible entity may use a grant, rebate, or loan provided under this section to fund the costs of-
Notwithstanding paragraph (1), no grant, rebate, or loan provided, or contract entered into, under this section shall be used to fund the costs of emissions reductions that are mandated under 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 [42 U.S.C. 7401 et seq.].
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.
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 part.
The Administrator may enter into a contract under this subsection with a for-profit or nonprofit entity that has the capacity-
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-
42 U.S.C. § 16132
EDITORIAL NOTES
REFERENCES IN TEXTThe Clean Air Act, referred to in subsec. (d)(2)(A), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables.
AMENDMENTS2011- Pub. L. 111-364, §2(b)(1), inserted ", rebate," after "grant" in section catchline.Subsec. (a). Pub. L. 111-364, §2(b)(2)(A), substituted "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," for "to provide grants and low-cost revolving loans, as determined by the Administrator, on a competitive basis, to eligible entities" in introductory provisions.Subsec. (a)(1). Pub. L. 111-364, §2(b)(2)(B), struck out "tons of" before "pollution produced". Subsec. (b)(2). Pub. L. 111-364, §2(b)(3)(A), (B), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text read as follows: "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."Subsec. (b)(2)(A). Pub. L. 111-364, §2(b)(3)(C)(i), substituted "95" for "90" in introductory provisions.Subsec. (b)(2)(B)(i). Pub. L. 111-364, §2(b)(3)(C)(ii), substituted "5 percent" for "10 percent". Subsec. (b)(2)(B)(ii). Pub. L. 111-364, §2(b)(3)(C)(iii), substituted "a verification application" for "the application under subsection (c)".Subsec. (b)(3). Pub. L. 111-364, §2(b)(3)(B), redesignated par. (3) as (2).Subsec. (c). Pub. L. 111-364, §2(b)(4)(A), (B), added pars. (1) and (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and struck out former par. (1). Prior to amendment, text of par. (1) read as follows: "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."Subsec. (c)(3)(G). Pub. L. 111-364, §2(b)(4)(C), inserted "in the case of an application relating to nonroad engines or vehicles," before "a description of the diesel". Subsec. (c)(4). Pub. L. 111-364, §2(b)(4)(D)(i), inserted ", rebate," after "grant" and "highest" before "priority" in introductory provisions.Subsec. (c)(4)(C)(iii). Pub. L. 111-364, §2(b)(4)(D)(ii), substituted "diesel fleets" for "a diesel fleets" and inserted "construction sites, schools," after "terminals,". Subsec. (c)(4)(E) to (G). Pub. L. 111-364, §2(b)(4)(D)(iii)-(v), inserted "and" at end of subpar. (E), substituted a period for "; and" in subpar. (F), and struck out subpar. (G) which read as follows: "use diesel fuel with a sulfur content of less than or equal to 15 parts per million, as the Administrator determines to be appropriate."Subsec. (d)(1). Pub. L. 111-364, §2(b)(5)(A), inserted ", rebate," after "grant" in introductory provisions.Subsec. (d)(2)(A). Pub. L. 111-364, §2(b)(5)(B), substituted "grant, rebate, or loan provided, or contract entered into," for "grant or loan provided" and "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" for "Federal, State or local law".Subsecs. (e), (f). Pub. L. 111-364, §2(b)(6), added subsecs. (e) and (f).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 111-364 effective Oct. 1, 2011, except as otherwise provided, see section 4 of Pub. L. 111-364 set out as a note under section 16131 of this title.
- Administrator
- The term "Administrator" means the Administrator of General Services.
- owner
- The term "owner" means, with respect to federally assisted housing, the entity or private person, including a cooperative or public housing agency, that has the legal right to lease or sublease dwelling units in such housing.
- project
- The terms "federally assisted housing" and "project" mean-(A) a public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)] );(B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] ;(C) housing that is assisted under section 1701q of title 12;(D) housing that is assisted under section 1701q of title 12, as such section existed before November 28, 1990;(E) housing financed by a loan or mortgage insured under section 1715l(d)(3) of title 12 that bears interest at a rate determined under the proviso of section 1715l(d)(5) of title 12;(F) housing insured, assisted, or held by the Secretary or a State or State agency under section 1715z-1 of title 12;(G) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437f(b)(2)], as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; and(H) housing that is assisted under section 8013 1 of this title.