42 U.S.C. § 16134 — Evaluation and report

Page 8781 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16134 ican Samoa, and the Commonwealth of the Northern Mariana Islands shall collec- tively 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 al- located for that State under clause (i) shall be reallocated pursuant to subpara- graph (C). (C) Reallocation If any State does not qualify for an alloca- tion under this paragraph, the share of funds otherwise allocated for that State under this paragraph shall be reallocated to each re- maining 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 para- graph. (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 pro- vide to the State for the fiscal year an addi- tional amount equal to 50 percent of the al- location of the State under paragraph (2). (B) Requirements A State— (i) may not use funds received under this part 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 16132 of this title. (d) Administration (1) In general Subject to paragraphs (2) and (3) and, to the extent practicable, the priority areas listed in section 16132(c)(3) of this title, a State shall use any funds provided under this section to develop and implement such grant, rebate, and low-cost revolving loan programs in the State as are appropriate to meet State needs and goals relating to the reduction of diesel emis- sions. (2) Apportionment of funds The chief executive of a State that receives funding under this section may determine the portion of funds to be provided as grants, re- bates, or loans. (3) Use of funds A grant, rebate, or loan provided under this section shall be used for a project relating to— (A) a certified engine configuration; or (B) a verified technology. (4) Priority In providing grants, rebates, and loans under this section, a State shall use the priorities in section 16132(c)(4) of this title. (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— (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 break- down 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. (Pub. L. 109–58, title VII, § 793, Aug. 8, 2005, 119 Stat. 841; Pub. L. 110–255, § 3(b), June 30, 2008, 122 Stat. 2424; Pub. L. 111–364, § 2(c), Jan. 4, 2011, 124 Stat. 4059.) Editorial Notes AMENDMENTS 2011—Pub. L. 111–364, § 2(c)(1), inserted ‘‘, rebate,’’ after ‘‘grant’’ in section catchline. Subsec. (a). Pub. L. 111–364, § 2(c)(2), inserted ‘‘, rebate,’’ after ‘‘grant’’. Subsec. (b)(1). Pub. L. 111–364, § 2(c)(3), inserted ‘‘, rebate,’’ after ‘‘grant’’ in introductory provisions. Subsec. (c)(2). Pub. L. 111–364, § 2(c)(4), amended par. (2) generally. Prior to amendment, par. (2) related to allocation of funds. Subsec. (d)(1). Pub. L. 111–364, § 2(c)(5)(A), inserted ‘‘, rebate,’’ after ‘‘grant’’. Subsec. (d)(2). Pub. L. 111–364, § 2(c)(5)(B), inserted ‘‘, rebates,’’ after ‘‘grants’’. Subsec. (d)(3). Pub. L. 111–364, § 2(c)(5)(C), substituted ‘‘grant, rebate, or loan provided under this section shall be used’’ for ‘‘grant or loan provided under this section may be used’’ in introductory provisions. Subsec. (d)(4), (5). Pub. L. 111–364, § 2(c)(5)(D), added pars. (4) and (5). 2008—Subsec. (c)(2)(A). Pub. L. 110–255, § 3(b)(2), sub- stituted ‘‘51’’ for ‘‘50’’ and ‘‘1.96 percent’’ for ‘‘2 per- cent’’. Subsec. (c)(2)(B). Pub. L. 110–255, § 3(b)(2), substituted ‘‘51’’ for ‘‘50’’ in introductory provisions. Subsec. (c)(2)(B)(ii). Pub. L. 110–255, § 3(b)(2), which di- rected substitution of ‘‘1.96 percent’’ for ‘‘2 percent’’, was executed by making the substitution for ‘‘2-per- cent’’, to reflect the probable intent of Congress. Subsec. (d)(2). Pub. L. 110–255, § 3(b)(1), substituted ‘‘chief executive’’ for ‘‘Governor’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 111–364 effective Oct. 1, 2011, except that amendment by section 2(c)(4) of Pub. L. 111–364 effective Jan. 4, 2011, see section 4 of Pub. L. 111–364, set out as a note under section 16131 of this title. § 16134. Evaluation and report (a) In general Not later than 1 year after the date on which funds are made available under this part, and bi- Page 8782 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16135 ennially thereafter, the Administrator shall sub- mit to Congress a report evaluating the imple- mentation of the programs under this part. (b) Inclusions The report shall include a description of— (1) the total number of grant applications re- ceived; (2) each grant, rebate, or loan made under this part, including the amount of the grant, rebate, or loan; (3) each project for which a grant, rebate, or loan is provided under this part, including the criteria used to select the grant, rebate, or loan recipients; (4) the actual and estimated air quality and diesel fuel conservation benefits, cost-effec- tiveness, and cost-benefits of the grant, re- bate, and loan programs under this part; (5) the problems encountered by projects for which a grant, rebate, or loan is provided under this part; (6) any other information the Administrator considers to be appropriate; and (7) in the last report sent to Congress before January 1, 2016, an analysis of the need to con- tinue 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. (Pub. L. 109–58, title VII, § 794, Aug. 8, 2005, 119 Stat. 843; Pub. L. 111–364, § 2(d), Jan. 4, 2011, 124 Stat. 4060.) Editorial Notes AMENDMENTS 2011—Subsec. (b)(2) to (5). Pub. L. 111–364, § 2(d)(1), in- serted ‘‘, rebate,’’ after ‘‘grant’’ wherever appearing. Subsec. (b)(7). Pub. L. 111–364, § 2(d)(2)–(4), added par. (7). 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. § 16135. 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 in- clude— (A) equipment owners and operators; (B) emission and pollution control tech- nology 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 envi- ronmental organizations. (c) State implementation plans The Administrator shall develop appropriate guidance to provide credit to a State for emis- sion reductions in the State created by the use of eligible technologies through a State imple- mentation plan under section 7410 of this title. (d) International markets The Administrator, in coordination with the Department of Commerce and industry stake- holders, shall inform foreign countries with air quality problems of the potential of technology developed or used in the United States to pro- vide emission reductions in those countries. (Pub. L. 109–58, title VII, § 795, Aug. 8, 2005, 119 Stat. 843.) § 16136. Effect of part Nothing in this part affects any authority under the Clean Air Act (42 U.S.C. 7401 et seq.) in existence on the day before August 8, 2005. (Pub. L. 109–58, title VII, § 796, Aug. 8, 2005, 119 Stat. 844.) Editorial Notes REFERENCES IN TEXT The Clean Air Act, referred to in text, 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. § 16137. Authorization of appropriations (a) In general There is authorized to be appropriated to carry out this part $100,000,000 for each of fiscal years 2012 through 2024, 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 manage- ment and oversight purposes. (Pub. L. 109–58, title VII, § 797, Aug. 8, 2005, 119 Stat. 844; Pub. L. 111–364, § 2(e), Jan. 4, 2011, 124 Stat. 4060; Pub. L. 116–260, div. S, § 101, Dec. 27, 2020, 134 Stat. 2243.) Editorial Notes AMENDMENTS 2020—Subsec. (a). Pub. L. 116–260 substituted ‘‘2024’’ for ‘‘2016’’. 2011—Pub. L. 111–364 amended section generally. Prior to amendment, text read as follows: ‘‘There is author- ized to be appropriated to carry out this part $200,000,000 for each of fiscal years 2007 through 2011, to remain available until expended.’’