42 U.S.C. § 16131 — Definitions

Page 8777 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16131 cable energy savings goal described in sub- section (c). (2) Costs of leases and purchases (A) In general The Secretary, in cooperation with the Task Force and the Technical Advisory Committee, shall pay the cost to Federal agencies (or share the cost under inter- agency agreements) of leasing or purchasing stationary, portable, and micro fuel cells under paragraph (1). (B) Competitive costs and management struc- tures In carrying out subparagraph (A), the Sec- retary, in consultation with the agency, may use the General Services Administration or any commercial vendor to ensure— (i) a cost-effective purchase of a sta- tionary, portable, or micro fuel cell; or (ii) a cost-effective management struc- ture of the lease of a stationary, portable, or micro fuel cell. (3) Exception (A) In general If the Secretary determines that the head of an agency described in paragraph (1) can- not find an appropriately efficient and reli- able stationary, portable, or micro fuel cell in accordance with paragraph (1), that agen- cy shall be excepted from compliance with paragraph (1). (B) Consideration In making a determination under subpara- graph (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 sta- tionary, portable, or micro fuel cell in accord- ance with subsection (b)(1) may use that lease or purchase to count toward an energy savings goal described in section 16157 of this title that is ap- plicable 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 fis- cal years 2011 through 2015. (Pub. L. 109–58, title VII, § 783, Aug. 8, 2005, 119 Stat. 837.) PART F—DIESEL EMISSIONS REDUCTION § 16131. Definitions In this part: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency. (2) Certified engine configuration The term ‘‘certified engine configuration’’ means a new, rebuilt, or remanufactured en- gine 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 remanufac- tured to a more stringent set of engine emis- sion standards, as determined by the Admin- istrator; and (C) in the case of a certified engine con- figuration involving the replacement of an existing engine or vehicle, an engine con- figuration that replaced an engine that was— (i) removed from the vehicle; and (ii) returned to the supplier for remanu- facturing 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 agen- cy or port authority with jurisdiction over transportation or air quality; (B) a nonprofit organization or institution that— (i) represents or provides pollution re- duction or educational services to persons or organizations that own or operate diesel fleets; or (ii) has, as its principal purpose, the pro- motion of transportation or air quality; and (C) any private individual or entity that— (i) is the owner of record of a diesel vehi- cle or fleet operated pursuant to a con- tract, license, or lease with a Federal de- partment 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 subpara- graph (A) with respect to which the owner has entered into a contract, license, or lease as described in clause (i). (4) Emerging technology The term ‘‘emerging technology’’ means a technology that is not currently, or has not been previously, 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 Cali- fornia Air Resources Board. (5) Fleet The term ‘‘fleet’’ means one or more diesel vehicles or mobile or stationary diesel en- gines. (6) Heavy-duty truck The term ‘‘heavy-duty truck’’ has the mean- ing given the term ‘‘heavy duty vehicle’’ in section 7521 of this title. (7) Medium-duty truck The term ‘‘medium-duty truck’’ has such meaning as shall be determined by the Admin- istrator, by regulation. Page 8778 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16132 (8) State The term ‘‘State’’ means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Vir- gin Islands, American Samoa, and the Com- monwealth of the Northern Mariana Islands. (9) Verified technology The term ‘‘verified technology’’ means a pol- lution control technology, including a retrofit technology or auxiliary power unit, that has been verified by— (A) the Administrator; or (B) the California Air Resources Board. (Pub. L. 109–58, title VII, § 791, Aug. 8, 2005, 119 Stat. 838; Pub. L. 110–255, § 3(a), June 30, 2008, 122 Stat. 2423; Pub. L. 111–364, § 2(a), Jan. 4, 2011, 124 Stat. 4056.) Editorial Notes AMENDMENTS 2011—Par. (3)(C). Pub. L. 111–364, § 2(a)(1), added sub- par. (C). Par. (4). Pub. L. 111–364, § 2(a)(2), inserted ‘‘currently, or has not been previously,’’ after ‘‘that is not’’. Par. (8). Pub. L. 111–364, § 2(a)(6), added par. (8). Former par. (8) redesignated (9). Par. (9). Pub. L. 111–364, § 2(a)(5), struck out ‘‘, advanced truckstop electrification system,’’ after ‘‘retrofit technology’’ in introductory provisions. Pub. L. 111–364, § 2(a)(4), redesignated par. (8) as (9). Former par. (9) struck out. Pub. L. 111–364, § 2(a)(3), struck out par. (9) which de- fined ‘‘State’’ to include the District of Columbia. 2008—Par. (9). Pub. L. 110–255 added par. (9). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–364, § 4, Jan. 4, 2011, 124 Stat. 4061, provided that: ‘‘(a) GENERAL RULE.—Except as provided in sub- section (b), the amendments made by section 2 [amend- ing this section and sections 16132 to 16134 and 16137 of this title] shall take effect on October 1, 2011. ‘‘(b) EXCEPTION.—The amendments made by sub- sections (a)(4) and (6) and (c)(4) of section 2 [amending this section and section 16133 of this title] shall take ef- fect on the date of enactment of this Act [Jan. 4, 2011].’’ § 16132. National grant, rebate, and loan pro- grams (a) In general 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 eligi- ble entities, including through contracts entered into under subsection (e) of this section, to achieve significant reductions in diesel emis- sions in terms of— (1) 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 part in accordance with this section. (2) Engine configurations and technologies (A) Certified engine configurations and verified technologies 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— (i) a certified engine configuration; or (ii) a verified technology. (B) Emerging technologies (i) In general 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 commer- cialization of emerging technologies. (ii) Application and test plan To receive funds under clause (i), a man- ufacturer, in consultation with an eligible entity, shall submit for verification to the Administrator or the California Air Re- sources Board a test plan for the emerging technology, together with a verification application. (c) Applications (1) Expedited process (A) In general The Administrator shall develop a sim- plified 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 spe- cial circumstances affecting small fleet owners; and (ii) to avoid duplicative procedures, may require applicants to include in an applica- tion 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 re- quire. (B) Rebates and low-cost loans To be eligible to receive a rebate or a low- cost loan under this section, an eligible enti- ty 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). (3) Inclusions An application under this subsection shall include— (A) a description of the air quality of the area served by the eligible entity;