Federal · Title 42 — Public Health and Welfare
42 U.S.C. § 16132: National grant, rebate, and loan programs
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pollution produced; and diesel emissions exposure, particularly from fleets operating in areas designated by the Administrator as poor air quality areas. The Administrator shall distribute funds made available for a fiscal year under this part in accordance with this section. a certified engine configuration; or a verified technology. 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. 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. The Administrator shall develop a simplified application process for all applicants under this section to expedite the provision of funds. shall take into consideration the special circumstances affecting small fleet owners; and 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. 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. to the Administrator; or to an entity that has entered into a contract under subsection (e). a description of the air quality of the area served by the eligible entity; the quantity of air pollution produced by the diesel fleets in the area served by the eligible entity; any certified engine configuration, verified technology, or emerging technology to be used or funded by the eligible entity; and the means by which the project will achieve a significant reduction in diesel emissions; 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; an estimate of the cost of the proposed project; a description of the age and expected lifetime control of the equipment used or funded by the eligible entity; 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 provisions for the monitoring and verification of the project. maximize public health benefits; are the most cost-effective; with the highest population density; in nonattainment or maintenance of national ambient air quality standards for a criteria pollutant; Federal Class I areas; or areas with toxic air pollutant concerns; that receive a disproportionate quantity of air pollution from diesel fleets, including truckstops, ports, rail yards, terminals, construction sites, schools, and distribution centers; or that use a community-based multistakeholder collaborative process to reduce toxic emissions; include a certified engine configuration, verified technology, or emerging technology that has a long expected useful life; will maximize the useful life of any certified engine configuration, verified technology, or emerging technology used or funded by the eligible entity; and conserve diesel fuel. a bus; a medium-duty truck or a heavy-duty truck; a marine engine; a locomotive; or construction; handling of cargo (including at a port or airport); agriculture; mining; or energy production; or programs or projects to reduce long-duration idling using verified technology involving a vehicle or equipment described in subparagraph (A). Notwithstanding paragraph (1), no grant, rebate, or loan provided, or contract entered into, under this section shall be used to fund the costs of emissions reductions that are mandated under any Federal law, except that this subparagraph shall not apply to a mandate in a State implementation plan approved by the Administrator under the Clean Air Act [ 42 U.S.C. 7401 et seq.]. For purposes of subparagraph (A), voluntary or elective emission reduction measures shall not be considered “mandated”, regardless of whether the reductions are included in the State implementation plan of a State. In addition to the use of contracting authority otherwise available to the Administrator, the Administrator may enter into contracts with eligible contractors described in paragraph (2) for the administration of programs for providing rebates or loans, subject to the requirements of this part. to sell diesel vehicles or equipment to, or to arrange financing for, individuals or entities that own a diesel vehicle or fleet; or to upgrade diesel vehicles or equipment with verified or Environmental Protection Agency-certified engines or technologies, or to arrange financing for such upgrades. for rebates and loans provided to the owner of a diesel vehicle or fleet, the total number and dollar amount of rebates or loans provided, as well as a breakdown of the technologies funded through the rebates or loans; and for other rebates and loans, and for grants, a description of each application for which the grant, rebate, or loan is provided.
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