---
kind: "section"
citation: "42 U.S.C. § 16133"
title: "42"
title_heading: "The Public Health and Welfare"
number: "16133"
heading: "State grant, rebate, and loan programs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/16133"
units:
  - "Chapter 149 — National Energy Policy and Programs"
  - "Subchapter VII — Vehicles and Fuels"
  - "Part F — Diesel Emissions Reduction"
---

# §16133. State grant, rebate, and loan programs

- (a) **In general—** Subject to the availability of adequate appropriations, the [Administrator](/usc/42/15951.md?p=b-1) 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](/usc/42/15951.md?p=b-2) that are designed to achieve significant reductions in diesel emissions.
- (b) **Applications—** The [Administrator](/usc/42/15951.md?p=b-1) shall—
  - (1) provide to [States](/usc/42/15951.md?p=b-2) 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)](#b-1)—
    - (A) an annual deadline for submission of the applications;
    - (B) a process by which the [Administrator](/usc/42/15951.md?p=b-1) shall approve or disapprove each application; and
    - (C) a streamlined process by which a [State](/usc/42/15951.md?p=b-2) may renew an application described in [paragraph (1)](#b-1) for subsequent fiscal years.
- (c) **Allocation of funds—**
  - (1) **In general—** For each fiscal year, the [Administrator](/usc/42/15951.md?p=b-1) shall allocate among [States](/usc/42/15951.md?p=b-2) for which applications are approved by the [Administrator](/usc/42/15951.md?p=b-1) under [subsection (b)(2)(B)](#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)](#c-2-B) and [(C)](#c-2-C), using not more than 20 percent of the funds made available to carry out this part for a fiscal year, the [Administrator](/usc/42/15951.md?p=b-1) shall provide to each [State](/usc/42/15951.md?p=b-2) qualified for an [allocation](/usc/42/2021b.md?p=2) for the fiscal year an [allocation](/usc/42/2021b.md?p=2) equal to <sup>1</sup>⁄<sub>53</sub> of the funds made available for that fiscal year for distribution to [States](/usc/42/15951.md?p=b-2) under this paragraph.
    - (B) **Certain territories—**
      - (i) **In general—** Except as provided in [clause (ii)](#c-2-B-ii), Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands shall collectively receive an [allocation](/usc/42/2021b.md?p=2) equal to <sup>1</sup>⁄<sub>53</sub> of the funds made available for that fiscal year for distribution to [States](/usc/42/15951.md?p=b-2) under this subsection, divided equally among those 4 [States](/usc/42/15951.md?p=b-2).
      - (ii) **Exception—** If any [State](/usc/42/15951.md?p=b-2) described in [clause (i)](#c-2-B-i) does not qualify for an [allocation](/usc/42/2021b.md?p=2) under this paragraph, the share of funds otherwise allocated for that [State](/usc/42/15951.md?p=b-2) under [clause (i)](#c-2-B-i) shall be reallocated pursuant to [subparagraph (C)](#c-2-C).
    - (C) **Reallocation—** If any [State](/usc/42/15951.md?p=b-2) does not qualify for an [allocation](/usc/42/2021b.md?p=2) under this paragraph, the share of funds otherwise allocated for that [State](/usc/42/15951.md?p=b-2) under this paragraph shall be reallocated to each remaining qualified [State](/usc/42/15951.md?p=b-2) in an amount equal to the product obtained by multiplying—
      - (i) the proportion that the population of the [State](/usc/42/15951.md?p=b-2) bears to the population of all [States](/usc/42/15951.md?p=b-2) described in [paragraph (1)](#c-1); by
      - (ii) the amount otherwise allocatable to the nonqualifying [State](/usc/42/15951.md?p=b-2) under this paragraph.
  - (3) **State matching incentive—**
    - (A) **In general—** If a [State](/usc/42/15951.md?p=b-2) agrees to match the [allocation](/usc/42/2021b.md?p=2) provided to the [State](/usc/42/15951.md?p=b-2) under [paragraph (2)](#c-2) for a fiscal year, the [Administrator](/usc/42/15951.md?p=b-1) shall provide to the [State](/usc/42/15951.md?p=b-2) for the fiscal year an additional amount equal to 50 percent of the [allocation](/usc/42/2021b.md?p=2) of the [State](/usc/42/15951.md?p=b-2) under [paragraph (2)](#c-2).
    - (B) **Requirements—** A [State](/usc/42/15951.md?p=b-2)—
      - (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)](#c-3-A).
  - (4) **Unclaimed funds—** Any funds that are not claimed by a [State](/usc/42/15951.md?p=b-2) for a fiscal year under this subsection shall be used to carry out [section 16132 of this title](/usc/42/16132.md).
- (d) **Administration—**
  - (1) **In general—** Subject to paragraphs [(2)](#d-2) and [(3)](#d-3) and, to the extent practicable, the priority areas listed in [section 16132(c)(3) of this title](/usc/42/16132.md?p=c-3), a [State](/usc/42/15951.md?p=b-2) shall use any funds provided under this section to develop and implement such grant, rebate, and low-cost revolving loan programs in the [State](/usc/42/15951.md?p=b-2) as are appropriate to meet [State](/usc/42/15951.md?p=b-2) needs and goals relating to the reduction of diesel emissions.
  - (2) **Apportionment of funds—** The chief executive of a [State](/usc/42/15951.md?p=b-2) that receives funding under this section may determine the portion of funds to be provided as grants, rebates, or loans.
  - (3) **Use of funds—** A grant, rebate, or loan provided under this section shall be used for a [project](/usc/42/16371.md?p=12) relating to—
    - (A) a [certified engine configuration](/usc/42/16131.md?p=2); or
    - (B) a [verified technology](/usc/42/16131.md?p=9).
  - (4) **Priority—** In providing grants, rebates, and loans under this section, a [State](/usc/42/15951.md?p=b-2) shall use the priorities in [section 16132(c)(4) of this title](/usc/42/16132.md?p=c-4).
  - (5) **Public notification—** Not later than 60 days after the date of the award of a grant, rebate, or loan by a [State](/usc/42/15951.md?p=b-2), the [State](/usc/42/15951.md?p=b-2) shall publish on the Web site of the [State](/usc/42/15951.md?p=b-2)—
    - (A) for rebates, grants, and loans provided to the [owner](/usc/42/13641.md?p=4) of a diesel vehicle or [fleet](/usc/42/16131.md?p=5), 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.

## Source credit

(Pub. L. 109–58, title VII, § 793, Aug. 8, 2005, 119 Stat. 841; Pub. L. 110–255, § 3(b), June 30, 2008, 122 Stat. 2424; Pub. L. 111–364, § 2(c), Jan. 4, 2011, 124 Stat. 4059.)

## Notes

### Editorial Notes

### Amendments

2011—Pub. L. 111–364, § 2(c)(1), inserted “, rebate,” after “grant” in section catchline.

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

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

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

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

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

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.

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

2008—Subsec. (c)(2)(A). Pub. L. 110–255, § 3(b)(2), substituted “51” for “50” and “1.96 percent” for “2 percent”.

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

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.

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

### Statutory Notes and Related Subsidiaries

### Effective Date of 2011 Amendment

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.