S 1447 — Diesel Emissions Reduction Act of 2017

(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 eligible entities, including through contracts entered into under subsection (e) of this section, to achieve significant reductions in diesel emissions 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 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 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 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). (3) 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) in the case of an application relating to nonroad engines or vehicles, 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. (4) Priority In providing a grant, rebate, or loan unde...

(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 part to support grant, rebate, 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, rebate, 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)— (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 (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 part 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. (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 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 emissions. (2) Apportionment of funds The chief executive of a State that receives ...

(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 management and oversight purposes.