42 U.S.C. § 16071 — Pilot program

Page 8764 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16061 (3) have the greatest potential of commer- cialization to the general public within 5 years. (d) Verification Not later than 90 days after August 8, 2005, the Secretary shall publish in the Federal Register procedures to verify— (1) the hybrid/flexible fuel vehicle tech- nologies to be demonstrated; and (2) that grants are administered in accord- ance with this section. (e) Report Not later than 260 days after August 8, 2005, and annually thereafter, the Secretary shall submit to Congress a report that— (1) identifies the grant recipients; (2) describes the technologies to be funded under the program; (3) assesses the feasibility of the tech- nologies described in paragraph (2) in meeting the goals described in subsection (c); (4) identifies applications submitted for the program that were not funded; and (5) makes recommendations for Federal leg- islation to achieve commercialization of the technology demonstrated. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section, to remain available until expended— (1) $3,000,000 for fiscal year 2006; (2) $7,000,000 for fiscal year 2007; (3) $10,000,000 for fiscal year 2008; and (4) $20,000,000 for fiscal year 2009. (Pub. L. 109–58, title VII, § 706, Aug. 8, 2005, 119 Stat. 817.) PART B—HYBRID VEHICLES, ADVANCED VEHICLES, AND FUEL CELL BUSES SUBPART 1—HYBRID VEHICLES § 16061. Hybrid vehicles The Secretary shall accelerate efforts directed toward the improvement of batteries and other rechargeable energy storage systems, power electronics, hybrid systems integration, and other technologies for use in hybrid vehicles. (Pub. L. 109–58, title VII, § 711, Aug. 8, 2005, 119 Stat. 818.) § 16062. Domestic manufacturing conversion grant program (a) Program (1) In general The Secretary shall establish a program to encourage domestic production and sales of ef- ficient hybrid and advanced diesel vehicles and components of those vehicles. (2) Inclusions The program shall include grants and loan guarantees under section 16513 of this title to automobile manufacturers and suppliers and hybrid component manufacturers to encourage domestic production of efficient hybrid, plug- in electric hybrid, plug-in electric drive, and advanced diesel vehicles. (3) Priority Priority shall be given to the refurbishment or retooling of manufacturing facilities that have recently ceased operation or will cease operation in the near future. (b) Coordination with State and local programs The Secretary may coordinate implementa- tion of this section with State and local pro- grams designed to accomplish similar goals, in- cluding the retention and retraining of skilled workers from the manufacturing facilities, in- cluding by establishing matching grant arrange- ments. (c) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. (Pub. L. 109–58, title VII, § 712, Aug. 8, 2005, 119 Stat. 818; Pub. L. 110–140, title I, §§ 132, 134(a), Dec. 19, 2007, 121 Stat. 1511, 1513.) Editorial Notes AMENDMENTS 2007—Pub. L. 110–140, § 132, amended section generally. Prior to amendment, section related to program to en- courage domestic production and sales of efficient hy- brid and advanced diesel vehicles and authorization of appropriations. Subsec. (a)(2). Pub. L. 110–140, § 134(a), inserted ‘‘and loan guarantees under section 16513 of this title’’ after ‘‘grants’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. SUBPART 2—ADVANCED VEHICLES § 16071. Pilot program (a) Establishment The Secretary, in consultation with the Sec- retary of Transportation, shall establish a com- petitive grant pilot program (referred to in this subpart as the ‘‘pilot program’’), to be adminis- tered through the Clean Cities Program of the Department, to provide not more than 30 geo- graphically dispersed project grants to State governments, local governments, or metropoli- tan transportation authorities to carry out a project or projects for the purposes described in subsection (b). (b) Grant purposes A grant under this section may be used for the following purposes: (1) The acquisition of alternative fueled ve- hicles or fuel cell vehicles, including— (A) passenger vehicles (including neighbor- hood electric vehicles); and (B) motorized 2-wheel bicycles or other ve- hicles for use by law enforcement personnel or other State or local government or met- ropolitan transportation authority employ- ees. (2) The acquisition of alternative fueled ve- hicles, hybrid vehicles, or fuel cell vehicles, including— Page 8765 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16071 (A) buses used for public transportation or transportation to and from schools; (B) delivery vehicles for goods or services; and (C) ground support vehicles at public air- ports (including vehicles to carry baggage or push or pull airplanes toward or away from terminal gates). (3) The acquisition of ultra-low sulfur diesel vehicles. (4) Installation or acquisition of infrastruc- ture necessary to directly support an alter- native fueled vehicle, fuel cell vehicle, or hy- brid vehicle project funded by the grant, in- cluding fueling and other support equipment. (5) Operation and maintenance of vehicles, infrastructure, and equipment acquired as part of a project funded by the grant. (c) Applications (1) Requirements (A) In general The Secretary shall issue requirements for applying for grants under the pilot program. (B) Minimum requirements At a minimum, the Secretary shall require that an application for a grant— (i) be submitted by the head of a State or local government or a metropolitan trans- portation authority, or any combination thereof, and a registered participant in the Clean Cities Program of the Department; and (ii) include— (I) a description of the project pro- posed in the application, including how the project meets the requirements of this subpart; (II) an estimate of the ridership or de- gree of use of the project; (III) an estimate of the air pollution emissions reduced and fossil fuel dis- placed as a result of the project, and a plan to collect and disseminate environ- mental data, related to the project to be funded under the grant, over the life of the project; (IV) a description of how the project will be sustainable without Federal as- sistance after the completion of the term of the grant; (V) a complete description of the costs of the project, including acquisition, construction, operation, and mainte- nance costs over the expected life of the project; (VI) a description of which costs of the project will be supported by Federal as- sistance under this subpart; and (VII) documentation to the satisfac- tion of the Secretary that diesel fuel containing sulfur at not more than 15 parts per million is available for car- rying out the project, and a commitment by the applicant to use such fuel in car- rying out the project. (2) Partners An applicant under paragraph (1) may carry out a project under the pilot program in part- nership with public and private entities. (d) Selection criteria In evaluating applications under the pilot pro- gram, the Secretary shall— (1) consider each applicant’s previous experi- ence with similar projects; and (2) give priority consideration to applica- tions that— (A) are most likely to maximize protection of the environment; (B) demonstrate the greatest commitment on the part of the applicant to ensure fund- ing for the proposed project and the greatest likelihood that the project will be main- tained or expanded after Federal assistance under this subpart is completed; and (C) exceed the minimum requirements of subsection (c)(1)(B)(ii). (e) Pilot project requirements (1) Maximum amount The Secretary shall not provide more than $15,000,000 in Federal assistance under the pilot program to any applicant. (2) Cost sharing The Secretary shall not provide more than 50 percent of the cost, incurred during the pe- riod of the grant, of any project under the pilot program. (3) Maximum period of grants The Secretary shall not fund any applicant under the pilot program for more than 5 years. (4) Deployment and distribution The Secretary shall seek to the maximum extent practicable to ensure a broad geo- graphic distribution of project sites. (5) Transfer of information and knowledge The Secretary shall establish mechanisms to ensure that the information and knowledge gained by participants in the pilot program are transferred among the pilot program par- ticipants and to other interested parties, in- cluding other applicants that submitted appli- cations. (f) Schedule (1) Publication Not later than 90 days after August 8, 2005, the Secretary shall publish in the Federal Register, Commerce Business Daily, and else- where as appropriate, a request for applica- tions to undertake projects under the pilot program. Applications shall be due not later than 180 days after the date of publication of the notice. (2) Selection Not later than 180 days after the date by which applications for grants are due, the Sec- retary shall select by competitive, peer re- viewed proposal, all applications for projects to be awarded a grant under the pilot program. (g) Definitions For purposes of carrying out the pilot pro- gram, the Secretary shall issue regulations de- fining any term, as the Secretary determines to be necessary. (Pub. L. 109–58, title VII, § 721, Aug. 8, 2005, 119 Stat. 818.) Page 8766 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16072 § 16072. Reports to Congress (a) Initial report Not later than 60 days after the date on which grants are awarded under this subpart, the Sec- retary shall submit to Congress a report con- taining— (1) an identification of the grant recipients and a description of the projects to be funded; (2) an identification of other applicants that submitted applications for the pilot program; and (3) a description of the mechanisms used by the Secretary to ensure that the information and knowledge gained by participants in the pilot program are transferred among the pilot program participants and to other interested parties, including other applicants that sub- mitted applications. (b) Evaluation Not later than 3 years after August 8, 2005, and annually thereafter until the pilot program ends, the Secretary shall submit to Congress a report containing an evaluation of the effective- ness of the pilot program, including— (1) an assessment of the benefits to the envi- ronment derived from the projects included in the pilot program; and (2) an estimate of the potential benefits to the environment to be derived from wide- spread application of alternative fueled vehi- cles and ultra-low sulfur diesel vehicles. (Pub. L. 109–58, title VII, § 722, Aug. 8, 2005, 119 Stat. 820.) § 16073. Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this subpart $200,000,000, to remain available until expended. (Pub. L. 109–58, title VII, § 723, Aug. 8, 2005, 119 Stat. 821.) SUBPART 3—FUEL CELL BUSES § 16081. Fuel cell transit bus demonstration (a) In general The Secretary, in consultation with the Sec- retary of Transportation, shall establish a tran- sit bus demonstration program to make com- petitive, merit-based awards for 5-year projects to demonstrate not more than 25 fuel cell tran- sit buses (and necessary infrastructure) in 5 geo- graphically dispersed localities. (b) Preference In selecting projects under this section, the Secretary shall give preference to projects that are most likely to mitigate congestion and im- prove air quality. (c) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2006 through 2010. (Pub. L. 109–58, title VII, § 731, Aug. 8, 2005, 119 Stat. 821.) PART C—CLEAN SCHOOL BUSES § 16091. Clean school bus program (a) Definitions In this section: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency. (2) Alternative fuel The term ‘‘alternative fuel’’ means liquefied natural gas, compressed natural gas, hydro- gen, propane, or biofuels. (3) Clean school bus The term ‘‘clean school bus’’ means a school bus that— (A) the Administrator certifies reduces emissions and is operated entirely or in part using an alternative fuel; or (B) is a zero-emission school bus. (4) Eligible contractor The term ‘‘eligible contractor’’ means a con- tractor that is a for-profit, not-for-profit, or nonprofit entity that has the capacity— (A) to sell, lease, license, or contract for service clean school buses, zero-emission school buses, charging or fueling infrastruc- ture, or other equipment needed to charge, fuel, or maintain clean school buses or zero- emission school buses, to individuals or enti- ties that own, lease, license, or contract for service a school bus or a fleet of school buses; or (B) to arrange financing for such a sale, lease, license, or contract for service. (5) Eligible recipient (A) In general Subject to subparagraph (B), the term ‘‘el- igible recipient’’ means— (i) 1 or more local or State governmental entities responsible for— (I) providing school bus service to 1 or more public school systems; or (II) the purchase, lease, license, or con- tract for service of school buses; (ii) an eligible contractor; (iii) a nonprofit school transportation association; (iv) a charter school (as defined in sec- tion 7221i of title 20) responsible for the purchase, lease, license, or contract for service of school buses for that charter school; or (v) an Indian Tribe (as defined in section 5304 of title 25), Tribal organization (as de- fined in that section), or tribally con- trolled school (as defined in section 2511 of title 25) that is responsible for— (I) providing school bus service to 1 or more Bureau-funded schools (as defined in section 2021 of title 25); or (II) the purchase, lease, license, or con- tract for service of school buses. (B) Special requirements In the case of eligible recipients identified under clauses (ii) and (iii) of subparagraph (A), the Administrator shall establish timely and appropriate requirements for notice and shall establish timely and appropriate re- quirements for approval by the public school systems that would be served by buses pur- chased using award funds made available under this section.