§ 16133. State grant, rebate, and loan programs

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 title VII § 793 · 119 Stat. 594

   Enacted · 42 U.S.C. § 16133

   Pub. L. 109–58, title VII, § 793, Aug. 8, 2005, 119 Stat. 841

   Source evidence

   Code source credit
   Pub. L. 109–58, title VII, § 793, Aug. 8, 2005, 119 Stat. 841

   Enacted provision · exact public law section
   SEC. 793. STATE GRANT AND LOAN PROGRAMS. (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 subtitle to support grant and loan programs administered by States that are designed to achieve significant reductions in diesel emissions. (b) Applications.— The Administrator shall— (1) Guidelines. provide to States guidance for use in applying for grant 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) Procedures. establish, for applications described in paragraph (1)— (A) Deadline. 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.— Using not more than 20 percent of the funds made available to carry out this subtitle for a fiscal year, the Administrator shall provide to each State described in paragraph (1) for the fiscal year an allocation of funds that is equal to— (A) if each of the 50 States qualifies for an allocation, an amount equal to 2 percent of the funds made available to carry out this section; or (B) if fewer than 50 States qualifies for an allocation, an amount equal to the amount described in subparagraph (A), plus an additional amount equal to the product obtained by multiplying— (i) the proportion that— (I) the population of the State; bears to (II) the population of all States described in paragraph (1); by (ii) the amount of funds remaining after each State described in paragraph (1) receives the 2-percent allocation 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 subtitle 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 792. (d) Administration.— (1) In general.— Subject to paragraphs (2) and (3) and, to the extent practicable, the priority areas listed in section 792(c)(3), a State shall use any funds provided under this section to develop and implement such grant 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 Governor of a State that receives funding under this section may determine the portion of funds to be provided as grants or loans. (3) Use of funds.— A grant or loan provided under this section may be used for a project relating to— (A) a certified engine configuration; or (B) a verified technology.

2. 2008

   Pub. L. 110–255 § 3(b)(2) · 122 Stat. 2423

   1. Substituted · 42 U.S.C. § 16133(c)(2)(A)

      Pub. L. 110–255, § 3(b)(2), substituted “51” for “50”

   2. Substituted · 42 U.S.C. § 16133(c)(2)(A)

      Pub. L. 110–255, § 3(b)(2), substituted “1.96 percent” for “2 percent”

   Source evidence

   Code amendment note
   Subsec. (c)(2)(A). Pub. L. 110–255, § 3(b)(2), substituted “51” for “50” and “1.96 percent” for “2 percent”.

   Enacted provision · exact public law section
   (2) Subparagraphs (A) and (B) of section 793(c)(2) of such Act are each amended by striking “50” and inserting “51” and by striking “2 percent” and inserting “1.96 percent” in each place such terms appear.

3. 2008

   Pub. L. 110–255 § 3(b)(2) · 122 Stat. 2423

   Substituted · 42 U.S.C. § 16133(c)(2)(B)

   Pub. L. 110–255, § 3(b)(2), substituted “51” for “50” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c)(2)(B). Pub. L. 110–255, § 3(b)(2), substituted “51” for “50” in introductory provisions.

   Enacted provision · exact public law section
   (2) Subparagraphs (A) and (B) of section 793(c)(2) of such Act are each amended by striking “50” and inserting “51” and by striking “2 percent” and inserting “1.96 percent” in each place such terms appear.

4. 2008

   Pub. L. 110–255 § 3(b)(2) · 122 Stat. 2423

   Substituted · 42 U.S.C. § 16133(c)(2)(B)(ii)

   Pub. L. 110–255, § 3(b)(2), which directed substitution of “1.96 percent” for “2 percent”, was executed by making the substitution for “2-percent”, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (c)(2)(B)(ii). Pub. L. 110–255, § 3(b)(2), which directed substitution of “1.96 percent” for “2 percent”, was executed by making the substitution for “2-percent”, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (2) Subparagraphs (A) and (B) of section 793(c)(2) of such Act are each amended by striking “50” and inserting “51” and by striking “2 percent” and inserting “1.96 percent” in each place such terms appear.

5. 2008

   Pub. L. 110–255 § 3(b)(1) · 122 Stat. 2423

   Substituted · 42 U.S.C. § 16133(d)(2)

   Pub. L. 110–255, § 3(b)(1), substituted “chief executive” for “Governor”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 110–255, § 3(b)(1), substituted “chief executive” for “Governor”.

   Enacted provision · exact public law section
   (1) Section 793(d)(2) of such Act (42 U.S.C. 16133(d)(2)) is amended by striking “Governor” and inserting “chief executive”.

6. 2011

   Diesel Emissions Reduction Act of 2010

   Pub. L. 111–364 § 2(c)(1) · 124 Stat. 4056

   Inserted · 42 U.S.C. § 16133

   Pub. L. 111–364, § 2(c)(1), inserted “, rebate,” after “grant” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 111–364, § 2(c)(1), inserted “, rebate,” after “grant” in section catchline.

   Enacted provision · exact public law section
   (1) in the section heading, by inserting “, rebate,” after “grant”;

   Effective date note
   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.

7. 2011

   Diesel Emissions Reduction Act of 2010

   Pub. L. 111–364 § 2(c)(2) · 124 Stat. 4056

   Inserted · 42 U.S.C. § 16133(a)

   Pub. L. 111–364, § 2(c)(2), inserted “, rebate,” after “grant”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–364, § 2(c)(2), inserted “, rebate,” after “grant”.

   Enacted provision · exact public law section
   (2) in subsection (a), by inserting “, rebate,” after “grant”;

   Effective date note
   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.

8. 2011

   Diesel Emissions Reduction Act of 2010

   Pub. L. 111–364 § 2(c)(3) · 124 Stat. 4056

   Inserted · 42 U.S.C. § 16133(b)(1)

   Pub. L. 111–364, § 2(c)(3), inserted “, rebate,” after “grant” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 111–364, § 2(c)(3), inserted “, rebate,” after “grant” in introductory provisions.

   Enacted provision · exact public law section
   (3) in subsection (b)(1), by inserting “, rebate,” after “grant”;

   Effective date note
   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.

9. 2011

   Diesel Emissions Reduction Act of 2010

   Pub. L. 111–364 § 2(c)(4) · 124 Stat. 4056

   Amended · 42 U.S.C. § 16133(c)(2)

   Pub. L. 111–364, § 2(c)(4), amended par. (2) generally. Prior to amendment, par. (2) related to allocation of funds

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 111–364, § 2(c)(4), amended par. (2) generally. Prior to amendment, par. (2) related to allocation of funds.

   Enacted provision · exact public law section
   (4) by amending subsection (c)(2) to read as follows: “(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 subtitle 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.” ;

   Effective date note
   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.

10. 2011

    Diesel Emissions Reduction Act of 2010

    Pub. L. 111–364 § 2(c)(5)(A) · 124 Stat. 4056

    Inserted · 42 U.S.C. § 16133(d)(1)

    Pub. L. 111–364, § 2(c)(5)(A), inserted “, rebate,” after “grant”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 111–364, § 2(c)(5)(A), inserted “, rebate,” after “grant”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by inserting “, rebate,” after “grant”;

    Effective date note
    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.

11. 2011

    Diesel Emissions Reduction Act of 2010

    Pub. L. 111–364 § 2(c)(5)(B) · 124 Stat. 4056

    Inserted · 42 U.S.C. § 16133(d)(2)

    Pub. L. 111–364, § 2(c)(5)(B), inserted “, rebates,” after “grants”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 111–364, § 2(c)(5)(B), inserted “, rebates,” after “grants”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by inserting “, rebates,” after “grants”;

    Effective date note
    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.

12. 2011

    Diesel Emissions Reduction Act of 2010

    Pub. L. 111–364 § 2(c)(5)(C) · 124 Stat. 4056

    Substituted · 42 U.S.C. § 16133(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (C) in paragraph (3), in the matter preceding subparagraph (A), by striking “grant or loan provided under this section may be used” and inserting “grant, rebate, or loan provided under this section shall be used”; and

    Effective date note
    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.

13. 2011

    Diesel Emissions Reduction Act of 2010

    Pub. L. 111–364 § 2(c)(5)(D) · 124 Stat. 4056

    Added · 42 U.S.C. § 16133(d)(4); 42 U.S.C. § 16133(d)(5)

    Pub. L. 111–364, § 2(c)(5)(D), added pars. (4) and (5)

    Source evidence

    Code amendment note
    Subsec. (d)(4), (5). Pub. L. 111–364, § 2(c)(5)(D), added pars. (4) and (5).

    Enacted provision · exact public law section
    (D) by adding at the end the following: “(4) Priority.— In providing grants, rebates, and loans under this section, a State shall use the priorities in section 792(c)(4). “(5) Public notification.— Not later Deadline. Web posting. 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 breakdown 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.” .

    Effective date note
    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.

14 of 14 references resolved to an enrolled provision