Title 42, The Public Health and WelfareRelease 119-110

§16092 Diesel Truck Retrofit and Fleet Modernization Program

Title 42 › CHAPTER 149 — NATIONAL ENERGY POLICY AND PROGRAMS › SUBCHAPTER VII — VEHICLES AND FUELS › Part C — Clean School Buses › § 16092

Last updated Sep 22, 2026|Official source

Summary

Creates a competitive grant program for public agencies to modernize truck fleets and install diesel retrofit technology. The Administrator, with the Secretary, must run the program and award grants only to State or local governments or their agencies, including joint agencies, with preference for ports and big hauling operations. The program should try to spread grants across many areas. Awards favor projects that cut the most emissions per project or per truck, or that use Environmental Protection Agency or California Air Resources Board verified retrofit devices on trucks that will run only on ultra-low sulfur diesel after September 2006. Grants must fund retrofit purchases (including state taxes and contract fees). Trucks chosen for retrofit demos must replace scrapped trucks, be model year 1998 or older, run on ultra-low sulfur diesel where available or required by law, and be used for cargo movement, especially in ports or major hauling. Recipients must pay at least 50 percent of retrofit costs from sources other than this program. Within 90 days after August 8, 2005, the Administrator must publish procedures to run the grants, verify trucks will use diesel of no more than 15 parts per million sulfur after September 2006, and ensure grants follow the rules. Authorized funding: $20,000,000 for fiscal year 2006; $35,000,000 for fiscal year 2007; $45,000,000 for fiscal year 2008; and whatever is needed for fiscal years 2009 and 2010.

Full Legal Text

Title 42, §16092

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Establishment
The Administrator, in consultation with the Secretary, shall establish a program for awarding grants on a competitive basis to public agencies and entities for fleet modernization programs including installation of retrofit technologies for diesel trucks.
(b)Eligible recipients
A grant shall be awarded under this section only to a State or local government or an agency or instrumentality of a State or local government or of two or more State or local governments who will allocate funds, with preference to ports and other major hauling operations.
(c)Awards
(1)In general
The Administrator shall seek, to the maximum extent practicable, to ensure a broad geographic distribution of grants under this section.
(2)Preferences
In making awards of grants under this section, the Administrator shall give preference to proposals that—
(A)will achieve the greatest reductions in emissions of nonmethane hydrocarbons, oxides of nitrogen, and/or particulate matter per proposal or per truck; or
(B)involve the use of Environmental Protection Agency or California Air Resources Board verified emissions control retrofit technology on diesel trucks that operate solely on ultra-low sulfur diesel fuel after September 2006.
(d)Conditions of grant
A grant shall be provided under this section on the conditions that—
(1)trucks which are replacing scrapped trucks and on which retrofit emissions-control technology are to be demonstrated—
(A)will operate on ultra-low sulfur diesel fuel where such fuel is reasonably available or required for sale by State or local law or regulation;
(B)were manufactured in model year 1998 and before; and
(C)will be used for the transportation of cargo goods especially in port areas or used in goods movement and major hauling operations;
(2)grant funds will be used for the purchase of emission control retrofit technology, including State taxes and contract fees; and
(3)grant recipients will provide at least 50 percent of the total cost of the retrofit, including the purchase of emission control retrofit technology and all necessary labor for installation of the retrofit, from any source other than this section.
(e)Verification
Not later than 90 days after August 8, 2005, the Administrator shall publish in the Federal Register procedures to—
(1)make grants pursuant to this section;
(2)verify that trucks powered by ultra-low sulfur diesel fuel on which retrofit emissions-control technology are to be demonstrated will operate on diesel fuel containing not more than 15 parts per million of sulfur after September 2006; and
(3)verify that grants are administered in accordance with this section.
(f)Authorization of appropriations
There are authorized to be appropriated to the Administrator to carry out this section, to remain available until expended the following sums:
(1)$20,000,000 for fiscal year 2006.
(2)$35,000,000 for fiscal year 2007.
(3)$45,000,000 for fiscal year 2008.
(4)Such sums as are necessary for each of fiscal years 2009 and 2010.

Reference

Citations & Metadata

Citation

42 U.S.C. § 16092

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110