[Senate Report 111-336]
[From the U.S. Government Publishing Office]
Calendar No. 623
111th Congress Report
SENATE
2d Session 111-336
======================================================================
PROMOTING ELECTRIC VEHICLES ACT
_______
September 28, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 3495]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 3495) to promote the deployment of plug-
in electric drive vehicles, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Electric Vehicles Act of
2010''.
SEC. 2. FINDINGS.
Congress finds that
(1) the United States is the largest consumer of petroleum in
the world, consuming 19,500,000 barrels per day of petroleum
products during 2008;
(2) high and volatile international oil prices represent a
significant and ongoing threat to the economic and national
security of the United States;
(3) many of the nations on which the United States relies for
petroleum supplies or that significantly affect the world
petroleum market share neither the national interest nor the
values of the United States;
(4) the United States imports more than 50 percent of the
petroleum needs of the country each day;
(5) in 2008, the net deficit of the United States in
petroleum trade amounted to more than $380,000,000,000, or
nearly 60 percent of the total trade deficit;
(6) the transportation sector of the United States accounts
for over \2/3\ of total national petroleum consumption and is
94 percent reliant on petroleum;
(7) the electrification of the transportation sector
represents a direct pathway to significant reduction in
petroleum dependence, because passenger cars and light trucks
account for more than 60 percent of the transportation
petroleum demand and more than 40 percent of total petroleum
demand in the United States;
(8) the electrification of the transportation sector promotes
national energy security because the electric power sector uses
a diverse range of domestic electricity generation sources;
(9) electric drive vehicles, when running on electric power,
produce no tailpipe emissions;
(10) the deployment of 700,000 plug-in electric drive
vehicles would result in a petroleum savings of approximately
10,000,000 barrels per year compared to the annual petroleum
consumption as of the date of enactment of this Act;
(11) in 2030, the United States could feasibly deploy more
than 100,000,000 plug-in electric drive vehicles, which would
result in a petroleum savings of more than 1,000,000,000
barrels of petroleum per year and greenhouse gas reductions of
over 300,000,000 tons of carbon dioxide compared to the annual
petroleum consumption and greenhouse gas emissions as of the
date of enactment of this Act; and
(12) a targeted deployment program for plug-in electric drive
vehicles that is focused on competitively selected deployment
communities--
(A) is a critical component of a comprehensive effort
to speed plug-in electric drive vehicle penetration
rates;
(B) will contribute to the larger national effort to
deploy plug-in electric drive vehicles;
(C) will inform best practices for the wide-scale
deployment of plug-in electric drive vehicles; and
(D) will substantially reduce the oil consumption of
the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code.
(2) Charging infrastructure.--The term ``charging
infrastructure'' means any property (not including a building)
if the property is used for the recharging of plug-in electric
drive vehicles, including electrical panel upgrades, wiring,
conduit, trenching, pedestals, and related equipment.
(3) Committee.--The term ``Committee'' means the Plug-in
Electric Drive Vehicle Technical Advisory Committee established
by section 304.
(4) Deployment community.--The term ``deployment community''
means a community selected by the Secretary to be part of the
targeted plug-in electric drive vehicles deployment communities
program under section 106.
(5) Electric utility.--The term ``electric utility'' has the
meaning given the term in section 3 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2602).
(6) Federal-aid system of highways.--The term ``Federal-aid
system of highways'' means a highway system described in
section 103 of title 23, United States Code.
(7) Plug-in electric drive vehicle.--
(A) In general.--The term ``plug-in electric drive
vehicle'' has the meaning given the term in section
131(a)(5) of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17011(a)(5)).
(B) Inclusions.--The term ``plug-in electric drive
vehicle'' includes--
(i) low speed plug-in electric drive vehicles
that meet the Federal Motor Vehicle Safety
Standards described in section 571.500 of title
49, Code of Federal Regulations (or successor
regulations); and
(ii) any other electric drive motor vehicle
that can be recharged from an external source
of motive power and that is authorized to
travel on the Federal-aid system of highways.
(8) Prize.--The term ``Prize'' means the Advanced Batteries
for Tomorrow Prize established by section 202.
(9) Secretary.--The term ``Secretary'' means the Secretary of
Energy.
(10) Task force.--The term ``Task Force'' means the Plug-in
Electric Drive Vehicle Interagency Task Force established by
section 305.
TITLE I--NATIONAL PLUG-IN ELECTRIC DRIVE VEHICLE DEPLOYMENT PROGRAM
SEC. 101. NATIONAL PLUG-IN ELECTRIC DRIVE VEHICLE DEPLOYMENT PROGRAM.
(a) In General.--There is established within the Department of
Energy a national plug-in electric drive vehicle deployment program for
the purpose of assisting in the deployment of plug-in electric drive
vehicles.
(b) Goals.--The goals of the national program described in
subsection (a) include--
(1) the reduction and displacement of petroleum use by
accelerating the deployment of plug-in electric drive vehicles
in the United States;
(2) the reduction of greenhouse gas emissions by accelerating
the deployment of plug-in electric drive vehicles in the United
States;
(3) the facilitation of the rapid deployment of plug-in
electric drive vehicles;
(4) the achievement of significant market penetrations by
plug-in electric drive vehicles nationally;
(5) the establishment of models for the rapid deployment of
plug-in electric drive vehicles nation- ally, including models
for the deployment of residential, private, and publicly
available charging infrastructure;
(6) the increase of consumer knowledge and acceptance of
plug-in electric drive vehicles;
(7) the encouragement of the innovation and investment
necessary to achieve mass market deployment of plug-in electric
drive vehicles;
(8) the facilitation of the integration of plug-in electric
drive vehicles into electricity distribution systems and the
larger electric grid while maintaining grid system performance
and reliability;
(9) the provision of technical assistance to communities
across the United States to prepare for plug-in electric drive
vehicles; and
(10) the support of workforce training across the United
States relating to plug-in electric drive vehicles.
(c) Duties.--In carrying out this title, the Secretary shall--
(1) provide technical assistance to State, local, and tribal
governments that want to create deployment programs for plug-in
electric drive vehicles in the communities over which the
governments have jurisdiction;
(2) perform national assessments of the potential deployment
of plug-in electric drive vehicles under section 102;
(3) synthesize and disseminate data from the deployment of
plug-in electric drive vehicles;
(4) develop best practices for the successful deployment of
plug-in electric drive vehicles;
(5) carry out workforce training under section 104;
(6) establish the targeted plug-in electric drive vehicle
deployment communities program under section 106; and
(7) in conjunction with the Task Force, make recommendations
to Congress and the President on methods to reduce the barriers
to plug-in electric drive vehicle deployment.
(d) Report.--Not later than 18 months after the date of enactment
of this Act and biennially thereafter, the Secretary shall submit to
the appropriate committees of Congress a report on the progress made in
implementing the national program described in subsection (a) that
includes--
(1) a description of the progress made by--
(A) the technical assistance program under section
103; and
(B) the workforce training program under section 104;
and
(2) any updated recommendations of the Secretary for changes
in Federal programs to promote the purposes of this title.
(e) National Information Clearinghouse--The Secretary shall make
available to the public, in a timely manner, information regarding--
(1) the cost, performance, usage data, and technical data
regarding plug-in electric drive vehicles and associated
infrastructure, including information from the deployment
communities established under section 106; and
(2) any other educational information that the Secretary
determines to be appropriate.
(f) Authorization of Appropriations.--For the period of fiscal
years 2011 through 2016, there are authorized to be appropriated
$100,000,000 to carry out sections 101 through 103.
SEC. 102. NATIONAL ASSESSMENT AND PLAN.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall carry out a national assessment and
develop a national plan for plug-in electric drive vehicle deployment
that includes--
(1) an assessment of the maximum feasible deployment of plug-
in electric drive vehicles by 2020 and 2030;
(2) the establishment of national goals for market
penetration of plug-in electric drive vehicles by 2020 and
2030;
(3) a plan for integrating the successes and barriers to
deployment identified by the deployment communities program
established under section 106 to prepare communities across the
Nation for the rapid deployment of plug-in electric drive
vehicles;
(4) a plan for providing technical assistance to communities
across the United States to prepare for plug-in electric drive
vehicle deployment;
(5) a plan for quantifying the reduction in petroleum
consumption and the net impact on green-house gas emissions due
to the deployment of plug-in electric drive vehicles; and
(6) in consultation with the Task Force, any recommendations
to the President and to Congress for changes in Federal
programs (including laws, regulations, and guidelines)--
(A) to better promote the deployment of plug-in
electric drive vehicles; and
(B) to reduce barriers to the deployment of plug-in
electric drive vehicles.
(b) Updates.--Not later than 2 years after the date of development
of the plan described in subsection (a), and not less frequently than
once every 2 years thereafter, the Secretary shall use market data and
information from the targeted plug-in electric drive vehicle deployment
communities program established under section 106 and other relevant
data to update the plan to reflect real world market conditions.
SEC. 103. TECHNICAL ASSISTANCE.
(a) Technical Assistance to State, Local, and Tribal Governments.--
(1) In general.--In carrying out this title, the Secretary
shall provide, at the request of the Governor, Mayor, county
executive, or the designee of such an official, technical
assistance to State, local, and tribal governments to assist
with the deployment of plug-in electric drive vehicles.
(2) Requirements.--The technical assistance described in
paragraph (1) shall include--
(A) training on codes and standards for building and
safety inspectors;
(B) training on best practices for expediting permits
and inspections;
(C) education and outreach on frequently asked
questions relating to the various types of plug-in
electric drive vehicles and associated infrastructure,
battery technology, and disposal; and
(D) the dissemination of information regarding best
practices for the deployment of plug-in electric drive
vehicles.
(3) Priority.--In providing technical assistance under this
subsection, the Secretary shall give priority to--
(A) communities that have established public and
private partnerships, including partnerships comprised
of--
(i) elected and appointed officials from each
of the participating State, local, and tribal
governments;
(ii) relevant generators and distributors of
electricity;
(iii) public utility commissions;
(iv) departments of public works and
transportation;
(v) owners and operators of property that
will be essential to the deployment of a
sufficient level of publicly available charging
infrastructure (including privately owned
parking lots or structures and commercial
entities with public access locations);
(vi) plug-in electric drive vehicle
manufacturers or retailers;
(vii) third-party providers of charging
infrastructure or services;
(viii) owners of any major fleet that will
participate in the program;
(ix) as appropriate, owners and operators of
regional electric power distribution and
transmission facilities; and
(x) other existing community coalitions
recognized by the Department of Energy;
(B) communities that, as determined by the Secretary,
have best demonstrated that the public is likely to
embrace plug-in electric drive vehicles, giving
particular consideration to communities that--
(i) have documented waiting lists to purchase
plug-in electric drive vehicles;
(ii) have developed projections of the
quantity of plug-in electric drive vehicles
supplied to dealers; and
(iii) have assessed the quantity of charging
infrastructure installed or for which permits
have been issued;
(C) communities that have shown a commitment to
serving diverse consumer charging infrastructure needs,
including the charging infrastructure needs for single-
and multi-family housing and public and privately owned
commercial infrastructure; and
(D) communities that have established regulatory and
educational efforts to facilitate consumer acceptance
of plug-in electric drive vehicles, including by--
(i) adopting (or being in the process of
adopting) streamlined permitting and
inspections processes for residential charging
infrastructure; and
(ii) providing customer informational
resources, including providing plug-in electric
drive information on community or other
websites.
(4) Best practices.--The Secretary shall collect and
disseminate information to State, local, and tribal governments
creating plans to deploy plug-in electric drive vehicles on
best practices (including codes and standards) that uses data
from--
(A) the program established by section 106;
(B) the activities carried out by the Task Force; and
(C) existing academic and industry studies of the
factors that contribute to the successful deployment of
new technologies, particularly studies relating to
alternative fueled vehicles.
(5) Grants.--
(A) In general.--The Secretary shall establish a
program to provide grants to State, local, and tribal
governments or to partnerships of government and
private entities to assist the governments and
partnerships--
(i) in preparing a community deployment plan
under section 106; and
(ii) in preparing and implementing programs
that support the deployment of plug-in electric
drive vehicles.
(B) Application.--A State, local, or tribal
government that seeks to receive a grant under this
paragraph shall submit to the Secretary an application
for the grant at such time, in such form, and
containing such information as the Secretary may
prescribe.
(C) Use of funds.--A State, local, or tribal
government receiving a grant under this paragraph shall
use the funds--
(i) to develop a community deployment plan
that shall be submitted to the next available
competition under section 106; and
(ii) to carry out activities that encourage
the deployment of plug-in electric drive
vehicles including--
(I) planning for and installing
charging infrastructure, particularly
to develop and demonstrate diverse and
cost-effective planning, installation,
and operations options for deployment
of single family and multi-family
residential, workplace, and publicly
available charging infrastructure;
(II) updating building, zoning, or
parking codes and permitting or
inspection processes;
(III) workforce training, including
the training of permitting officials;
(IV) public education described in
the proposed marketing plan;
(V) shifting State, local, or tribal
government fleets to plug-in electric
drive vehicles, at a rate in excess of
the existing alternative fueled fleet
vehicles acquisition requirements for
Federal fleets under section
303(b)(1)(D) of the Energy Policy Act
of 1992 (42 U.S.C. 13212(b)(1)(D)); and
(VI) any other activities, as
determined to be necessary by the
Secretary.
(D) Criteria.--The Secretary shall develop and
publish criteria for the selection of technical
assistance grants, including requirements for the
submission of applications under this paragraph.
(E) Authorization of appropriations.--There are
authorized to be appropriated such sums as are
necessary to carry out this paragraph.
(b) Updating Model Building Codes, Permitting and Inspection
Processes, and Zoning or Parking Rules.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with the
American Society of Heating, Refrigerating and Air-Conditioning
Engineers, the International Code Council, and any other
organizations that the Secretary determines to be appropriate,
shall develop and publish guidance for--
(A) model building codes for the inclusion of
separate circuits for charging infrastructure, as
appropriate, in new construction and major renovations
of private residences, buildings, or other structures
that could provide publicly available charging
infrastructure;
(B) model construction permitting or inspection
processes that allow for the expedited installation of
charging infrastructure for purchasers of plug-in
electric drive vehicles (including a permitting process
that allows a vehicle purchaser to have charging
infrastructure installed not later than 1 week after a
request); and
(C) model zoning, parking rules, or other local
ordinances that--
(i) facilitate the installation of publicly
available charging infrastructure, including
commercial entities that provide public access
to infrastructure; and
(ii) allow for access to publicly available
charging infrastructure.
(2) Optional adoption.--An applicant for selection for
technical assistance under this section or as a deployment
community under section 106 shall not be required to use the
model building codes, permitting and inspection processes, or
zoning, parking rules, or other ordinances included in the
report under paragraph (1).
(3) Smart grid integration.--In developing the model codes or
ordinances described in paragraph (1), the Secretary shall
consider smart grid integration.
SEC. 104. WORKFORCE TRAINING.
(a) Maintenance and Support.--
(1) In general.--The Secretary, in consultation with the
Committee and the Task Force, shall award grants to
institutions of higher education and other qualified training
and education institutions for the establishment of programs to
provide training and education for vocational workforce
development through centers of excellence.
(2) Purpose.--Training funded under this subsection shall be
intended to ensure that the workforce has the necessary skills
needed to work on and maintain plug-in electric drive vehicles
and the infrastructure required to support plug-in electric
drive vehicles.
(3) Scope.--Training funded under this subsection shall
include training for--
(A) first responders;
(B) electricians and contractors who will be
installing infrastructure;
(C) engineers;
(D) code inspection officials; and
(E) dealers and mechanics.
(b) Design.--The Secretary shall award grants to institutions of
higher education and other qualified training and education
institutions for the establishment of programs to provide training and
education in designing plug-in electric drive vehicles and associated
components and infrastructure to ensure that the United States can lead
the world in this field.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $150,000,000 to carry out this section.
SEC. 105. FEDERAL FLEETS.
(a) In General.--Electricity consumed by Federal agencies to fuel
plug-in electric drive vehicles--
(1) is an alternative fuel (as defined in section 301 of the
Energy Policy Act of 1992 (42 U.S.C. 13218)); and
(2) shall be accounted for under Federal fleet management
reporting requirements, not under Federal building management
reporting requirements.
(b) Assessment and Report.--Not later than 180 days after the date
of enactment of this Act and every 3 years thereafter, the Federal
Energy Management Program and the General Services Administration, in
consultation with the Task Force, shall complete an assessment of
Federal Government fleets, including the Postal Service and the
Department of Defense, and submit a report to Congress that describes--
(1) for each Federal agency, which types of vehicles the
agency uses that would or would not be suitable for near-term
and medium-term conversion to plug-in electric drive vehicles,
taking into account the types of vehicles for which plug-in
electric drive vehicles could provide comparable functionality
and lifecycle costs;
(2) how many plug-in electric drive vehicles could be
deployed by the Federal Government in 5 years and in 10 years,
assuming that plug-in electric drive vehicles are available and
are purchased when new vehicles are needed or existing vehicles
are replaced;
(3) the estimated cost to the Federal Government for vehicle
purchases under paragraph (2); and
(4) a description of any updates to the assessment based on
new market data.
(c) Inventory and Data Collection.--
(1) In general.--In carrying out the assessment and report
under subsection (b), the Federal Energy Management Program, in
consultation with the General Services Administration, shall--
(A) develop an information request for each agency
that operates a fleet of at least 20 motor vehicles;
and
(B) establish guidelines for each agency to use in
developing a plan to deploy plug-in electric drive
vehicles.
(2) Agency responses.--Each agency that operates a fleet of
at least 20 motor vehicles shall--
(A) collect information on the vehicle fleet of the
agency in response to the information request described
in paragraph (1); and
(B) develop a plan to deploy plug-in electric drive
vehicles.
(3) Analysis of responses.--The Federal Energy Management
Program shall--
(A) analyze the information submitted by each agency
under paragraph (2);
(B) approve or suggest amendments to the plan of each
agency to ensure that the plan is consistent with the
goals and requirements of this Act; and
(C) submit a plan to Congress and the General
Services Administration to be used in developing the
pilot program described in subsection (e).
(d) Budget Request.--Each agency of the Federal Government shall
include plug-in electric drive vehicle purchases identified in the
report under subsection (b) in the budget of the agency to be included
in the budget of the United States Government submitted by the
President under section 1105 of title 31, United States Code.
(e) Pilot Program To Deploy Plug-In Electric Drive Vehicles in the
Federal Fleet.--
(1) In general.--The Administrator of General Services shall
acquire plug-in electric drive vehicles and the requisite
charging infrastructure to be deployed in a range of locations
in Federal Government fleets, which may include the United
States Postal Service and the Department of Defense, during the
5-year period beginning on the date of enactment of this Act.
(2) Data collection.--The Administrator of General Services
shall collect data regarding--
(A) the cost, performance, and use of plug-in
electric drive vehicles in the Federal fleet;
(B) the deployment and integration of plug-in
electric drive vehicles in the Federal fleet; and
(C) the contribution of plug-in electric drive
vehicles in the Federal fleet toward reducing the use
of fossil fuels and greenhouse gas emissions.
(3) Report.--Not later than 6 years after the date of
enactment of this Act, the Administrator of General Services
shall submit to the appropriate committees of Congress a report
that--
(A) describes the status of plug-in electric drive
vehicles in the Federal fleet; and
(B) includes an analysis of the data collected under
this subsection.
(4) Public web site.--The Federal Energy Management Program
shall maintain and regularly update a publicly available Web
site that provides information on the status of plug-in
electric drive vehicles in the Federal fleet.
(f) Acquisition Priority.--Section 507(g) of the Energy Policy Act
of 1992 (42 U.S.C. 13257(g)) is amended by adding at the end the
following:
``(5) Priority.--The Secretary shall, to the maximum extent
practicable, prioritize the acquisition of plug-in electric
drive vehicles (as defined in section 131(a) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17011(a)) over
nonelectric alternative fueled vehicles.''.
(g) Authorization of Appropriations.--There is authorized to be
appropriated for the Federal Government to pay for incremental costs to
purchase or lease plug-in electric drive vehicles and the requisite
charging infrastructure for Federal fleets $25,000,000.
SEC. 106. TARGETED PLUG-IN ELECTRIC DRIVE VEHICLE DEPLOYMENT
COMMUNITIES PROGRAM.
(a) Establishment.--
(1) In general.--There is established within the national
plug-in electric drive deployment program established under
section 101 a targeted plug-in electric drive vehicle
deployment communities program (referred to in this section as
the ``Program'').
(2) Existing activities.--In carrying out the Program, the
Secretary shall coordinate and supplement, not supplant, any
ongoing plug-in electric drive deployment activities under
section 131 of the Energy Independence and Security Act of 2007
(42 U.S.C. 17011).
(3) Phase 1.--
(A) In general.--The Secretary shall establish a
competitive process to select phase 1 deployment
communities for the Program.
(B) Eligible entities.--In selecting participants for
the Program under paragraph (1), the Secretary shall
only consider applications submitted by State, tribal,
or local government entities (or groups of State,
tribal, or local government entities).
(C) Selection.--Not later than 1 year after the date
of enactment of this Act and not later than 1 year
after the date on which any subsequent amounts are
appropriated for the Program, the Secretary shall
select the phase 1 deployment communities under this
paragraph.
(D) Termination.--Phase 1 of the Program shall be
carried out for a 3-year period beginning on the date
funding under this Act is first provided to the
deployment community.
(4) Phase 2.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report that analyzes the lessons learned in phase I and, if,
based on the phase I analysis, the Secretary determines that a
phase II program is warranted, makes recommendations and
describes a plan for phase II, including--
(A) recommendations regarding--
(i) options for the number of additional
deployment communities that should be selected;
(ii) the manner in which criteria for
selection should be updated;
(iii) the manner in which incentive
structures for phase 2 deployment should be
changed; and
(iv) whether other forms of onboard energy
storage for electric drive vehicles, such as
fuel cells, should be included in phase 2; and
(B) a request for appropriations to implement phase 2
of the Program.
(b) Goals.--The goals of the Program are--
(1) to facilitate the rapid deployment of plug-in electric
drive vehicles, including--
(A) the deployment of 400,000 plug-in electric drive
vehicles in phase 1 in the deployment communities
selected under paragraph (2);
(B) the near-term achievement of significant market
penetration in deployment communities; and
(C) supporting the achievement of significant market
penetration nationally;
(2) to establish models for the rapid deployment of plug-in
electric drive vehicles nationally, including for the
deployment of single-family and multifamily residential,
workplace, and publicly available charging infrastructure;
(3) to increase consumer knowledge and acceptance of, and
exposure to, plug-in electric drive vehicles;
(4) to encourage the innovation and investment necessary to
achieve mass market deployment of plug-in electric drive
vehicles;
(5) to demonstrate the integration of plug-in electric drive
vehicles into electricity distribution systems and the larger
electric grid while maintaining or improving grid system
performance and reliability;
(6) to demonstrate protocols and communication standards that
facilitate vehicle integration into the grid and provide
seamless charging for consumers traveling through multiple
utility distribution systems;
(7) to investigate differences among deployment communities
and to develop best practices for implementing vehicle
electrification in various communities, including best
practices for planning for and facilitating the construction of
residential, workplace, and publicly available infrastructure
to support plug-in electric drive vehicles;
(8) to collect comprehensive data on the purchase and use of
plug-in electric drive vehicles, including charging profile
data at unit and aggregate levels, to inform best practices for
rapidly deploying plug-in electric drive vehicles in other
locations, including for the installation of charging
infrastructure;
(9) to reduce and displace petroleum use and reduce
greenhouse gas emissions by accelerating the deployment of
plug-in electric drive vehicles in the United States; and
(10) to increase domestic manufacturing capacity and
commercialization in a manner that will establish the United
States as a world leader in plug-in electric drive vehicle
technologies.
(c) Phase 1 Deployment Community Selection Criteria.--
(1) In general.--The Secretary shall ensure, to the maximum
extent practicable, that selected deployment communities in
phase 1 serve as models of deployment for various communities
across the United States.
(2) Selection.--In selecting communities under this section,
the Secretary--
(A) shall ensure, to the maximum extent practicable,
that--
(i) the combination of selected communities
is diverse in population density, demographics,
urban and suburban composition, typical
commuting patterns, climate, and type of
utility (including investor-owned, publicly-
owned, cooperatively-owned, distribution-only,
and vertically integrated utilities);
(ii) the combination of selected communities
is diverse in geographic distribution, and at
least 1 deployment community is located in each
Petroleum Administration for Defense District;
(iii) at least 1 community selected has a
population of less than 125,000;
(iv) grants are of a sufficient amount such
that each deployment community will achieve
significant market penetration; and
(v) the deployment communities are
representative of other communities across the
United States;
(B) is encouraged to select a combination of
deployment communities that includes multiple models or
approaches for deploying plug-in electric drive
vehicles that the Secretary believes are reasonably
likely to be effective, including multiple approaches
to the deployment of charging infrastructure;
(C) in addition to the criteria described in
subparagraph (A), may give preference to applicants
proposing a greater non-Federal cost share; and
(D) when considering deployment community plans,
shall take into account previous Department of Energy
and other Federal investments to ensure that the
maximum domestic benefit from Federal investments is
realized.
(3) Criteria.--
(A) In general.--Not later than 120 days after the
date of enactment of this Act, and not later than 90
days after the date on which any subsequent amounts are
appropriated for the Program, the Secretary shall
publish criteria for the selection of deployment
communities that include requirements that applications
be submitted by a State, tribal, or local government
entity (or groups of State, tribal, or local government
entities).
(B) Application requirements.--The criteria published
by the Secretary under subparagraph (A) shall include
application requirements that, at a minimum, include--
(i) goals for--
(I) the number of plug-in electric
drive vehicles to be deployed in the
community;
(II) the expected percentage of
light-duty vehicle sales that would be
sales of plug-in electric drive
vehicles; and
(III) the adoption of plug-in
electric drive vehicles (including
medium- or heavy-duty vehicles) in
private and public fleets during the 3-
year duration of the Program;
(ii) data that demonstrate that--
(I) the public is likely to embrace
plug-in electric drive vehicles, which
may include--
(aa) the quantity of plug-in
electric drive vehicles
purchased;
(bb) the number of
individuals on a waiting list
to purchase a plug-in electric
drive vehicle;
(cc) projections of the
quantity of plug-in electric
drive vehicles supplied to
dealers; and
(dd) any assessment of the
quantity of charging
infrastructure installed or for
which permits have been issued;
and
(II) automobile manufacturers and
dealers will be able to provide and
service the targeted number of plug-in
electric drive vehicles in the
community for the duration of the
program;
(iii) clearly defined geographic boundaries
of the proposed deployment area;
(iv) a community deployment plan for the
deployment of plug-in electric drive vehicles,
charging infrastructure, and services in the
deployment community;
(v) assurances that a majority of the vehicle
deployments anticipated in the plan will be
personal vehicles authorized to travel on the
United States Federal-aid system of highways,
and secondarily, private or public sector plug-
in electric drive fleet vehicles, but may also
include--
(I) medium- and heavy-duty plug-in
hybrid vehicles;
(II) low speed plug-in electric drive
vehicles that meet Federal Motor
Vehicle Safety Standards described in
section 571.500 of title 49, Code of
Federal Regulations; and
(III) any other plug-in electric
drive vehicle authorized to travel on
the United States Federal-aid system of
highways; and
(vi) any other merit-based criteria, as
determined by the Secretary.
(4) Community deployment plans.--Plans for the deployment of
plug-in electric drive vehicles shall include--
(A) a proposed level of cost sharing in accordance
with subsection (d)(2)(C);
(B) documentation demonstrating a substantial
partnership with relevant stakeholders, including--
(i) a list of stakeholders that includes--
(I) elected and appointed officials
from each of the participating State,
local, and tribal governments;
(II) all relevant generators and
distributors of electricity;
(III) State utility regulatory
authorities;
(IV) departments of public works and
transportation;
(V) owners and operators of property
that will be essential to the
deployment of a sufficient level of
publicly available charging
infrastructure (including privately
owned parking lots or structures and
commercial entities with public access
locations);
(VI) plug-in electric drive vehicle
manufacturers or retailers;
(VII) third-party providers of
residential, workplace, private, and
publicly available charging
infrastructure or services;
(VIII) owners of any major fleet that
will participate in the program;
(IX) as appropriate, owners and
operators of regional electric power
distribution and transmission
facilities; and
(X) as appropriate, other existing
community coalitions recognized by the
Department of Energy;
(ii) evidence of the commitment of the
stakeholders to participate in the partnership;
(iii) a clear description of the role and
responsibilities of each stakeholder; and
(iv) a plan for continuing the engagement and
participation of the stakeholders, as
appropriate, throughout the implementation of
the deployment plan;
(C) a description of the number of plug-in electric
drive vehicles anticipated to be plug-in electric drive
personal vehicles and the number of plug-in electric
drive vehicles anticipated to be privately owned fleet
or public fleet vehicles;
(D) a plan for deploying residential, workplace,
private, and publicly available charging
infrastructure, including--
(i) an assessment of the number of consumers
who will have access to private residential
charging infrastructure in single-family or
multifamily residences;
(ii) options for accommodating plug-in
electric drive vehicle owners who are not able
to charge vehicles at their place of residence;
(iii) an assessment of the number of
consumers who will have access to workplace
charging infrastructure;
(iv) a plan for ensuring that the charging
infrastructure or plug-in electric drive
vehicle be able to send and receive the
information needed to interact with the grid
and be compatible with smart grid technologies
to the extent feasible;
(v) an estimate of the number and dispersion
of publicly and privately owned charging
stations that will be publicly or commercially
available;
(vi) an estimate of the quantity of charging
infrastructure that will be privately funded or
located on private property; and
(vii) a description of equipment to be
deployed, including assurances that, to the
maximum extent practicable, equipment to be
deployed will meet open, nonproprietary
standards for connecting to plug-in electric
drive vehicles that are either--
(I) commonly accepted by industry at
the time the equipment is being
acquired; or
(II) meet the standards developed by
the Director of the National Institute
of Standards and Technology under
section 1305 of the Energy Independence
and Security Act of 2007 (42 U.S.C.
17385);
(E) a plan for effective marketing of and consumer
education relating to plug-in electric drive vehicles,
charging services, and infrastructure;
(F) descriptions of updated building codes (or a plan
to update building codes before or during the grant
period) to include charging infrastructure or dedicated
circuits for charging infrastructure, as appropriate,
in new construction and major renovations;
(G) descriptions of updated construction permitting
or inspection processes (or a plan to update
construction permitting or inspection processes) to
allow for expedited installation of charging
infrastructure for purchasers of plug-in electric drive
vehicles, including a permitting process that allows a
vehicle purchaser to have charging infrastructure
installed in a timely manner;
(H) descriptions of updated zoning, parking rules, or
other local ordinances as are necessary to facilitate
the installation of publicly available charging
infrastructure and to allow for access to publicly
available charging infrastructure, as appropriate;
(I) a plan to ensure that each resident in a
deployment community who purchases and registers a new
plug-in electric drive vehicle throughout the duration
of the deployment community receives, in addition to
any Federal incentives, consumer benefits that may
include--
(i) a rebate of part of the purchase price of
the vehicle;
(ii) reductions in sales taxes or
registration fees;
(iii) rebates or reductions in the costs of
permitting, purchasing, or installing home
plug-in electric drive vehicle charging
infrastructure; and
(iv) rebates or reductions in State or local
toll road access charges;
(J) additional consumer benefits, such as preferred
parking spaces or single-rider access to high-occupancy
vehicle lanes for plug-in electric drive vehicles;
(K) a proposed plan for making necessary utility and
grid upgrades, including economically sound and
cybersecure information technology upgrades and
employee training, and a plan for recovering the cost
of the upgrades;
(L) a description of utility, grid operator, or
third-party charging service provider, policies and
plans for accommodating the deployment of plug-in
electric drive vehicles, including--
(i) rate structures or provisions and billing
protocols for the charging of plug-in electric
drive vehicles;
(ii) analysis of potential impacts to the
grid;
(iii) plans for using information technology
or third-party aggregators--
(I) to minimize the effects of
charging on peak loads;
(II) to enhance reliability; and
(III) to provide other grid benefits;
and
(iv) plans for working with smart grid
technologies or third-party aggregators for the
purposes of smart charging and for allowing 2-
way communication;
(M) a deployment timeline;
(N) a plan for monitoring and evaluating the
implementation of the plan, including metrics for
assessing the success of the deployment and an approach
to updating the plan, as appropriate; and
(O) a description of the manner in which any grant
funds applied for under subsection (d) will be used and
the proposed local cost share for the funds.
(d) Phase 1 Applications and Grants.--
(1) Applications.--
(A) In general.--Not later than 150 days after the
date of publication by the Secretary of selection
criteria described in subsection (c)(3), any State,
tribal, or local government, or group of State, tribal,
or local governments may apply to the Secretary to
become a deployment community.
(B) Joint sponsorship.--
(i) In general.--An application submitted
under subparagraph (A) may be jointly sponsored
by electric utilities, automobile
manufacturers, technology providers, carsharing
companies or organizations, third-party plug-in
electric drive vehicle service providers, or
other appropriate entities.
(ii) Disbursement of grants.--A grant
provided under this subsection shall only be
disbursed to a State, tribal, or local
government, or group of State, tribal, or local
governments, regardless of whether the
application is jointly sponsored under clause
(i).
(2) Grants.--
(A) In general.--In each application, the applicant
may request up to $250,000,000 in financial assistance
from the Secretary to fund projects in the deployment
community.
(B) Use of funds.--Funds provided through a grant
under this paragraph may be used to help implement the
plan for the deployment of plug-in electric drive
vehicles included in the application, including--
(i) planning for and installing charging
infrastructure, including offering additional
incentives as described in subsection
(c)(4)(I);
(ii) updating building codes, zoning or
parking rules, or permitting or inspection
processes as described in subparagraphs (F),
(G), and (H) of subsection (c)(4);
(iii) reducing the cost and increasing the
consumer adoption of plug-in electric drive
vehicles through incentives as described in
subsection (c)(4)(I);
(iv) workforce training, including training
of permitting officials;
(v) public education and marketing described
in the proposed marketing plan;
(vi) shifting State, tribal, or local
government fleets to plug-in electric drive
vehicles, at a rate in excess of the existing
alternative fueled fleet vehicle acquisition
requirements for Federal fleets under section
303(b)(1)(D) of the Energy Policy Act of 1992
(42 U.S.C. 13212(b)(1)(D)); and
(vii) necessary utility and grid upgrades as
described in subsection (c)(4)(K).
(C) Cost-sharing.--
(i) In general.--A grant provided under this
paragraph shall be subject to a minimum non-
Federal cost-sharing requirement of 20 percent.
(ii) Non-federal sources.--The Secretary
shall--
(I) determine the appropriate cost
share for each selected applicant; and
(II) require that not less than 20
percent of the cost of an activity
funded by a grant under this paragraph
be provided by a non-Federal source.
(iii) Reduction.--The Secretary may reduce or
eliminate the cost-sharing requirement
described in clause (i), as the Secretary
determines to be necessary.
(iv) Calculation of amount.--In calculating
the amount of the non-Federal share under this
section, the Secretary--
(I) may include allowable costs in
accordance with the applicable cost
principles, including--
(aa) cash;
(bb) personnel costs;
(cc) the value of a service,
other resource, or third party
in-kind contribution determined
in accordance with the
applicable circular of the
Office of Management and
Budget;
(dd) indirect costs or
facilities and administrative
costs; or
(ee) any funds received under
the power program of the
Tennessee Valley Authority or
any Power Marketing
Administration (except to the
extent that such funds are made
available under an annual
appropriation Act);
(II) shall include contributions made
by State, tribal, or local government
entities and private entities; and
(III) shall not include--
(aa) revenues or royalties
from the prospective operation
of an activity beyond the time
considered in the grant;
(bb) proceeds from the
prospective sale of an asset of
an activity; or
(cc) other appropriated
Federal funds.
(v) Repayment of federal share.--The
Secretary shall not require repayment of the
Federal share of a cost-shared activity under
this section as a condition of providing a
grant.
(vi) Title to property.--The Secretary may
vest title or other property interests acquired
under projects funded under this Act in any
entity, including the United States.
(3) Selection.--Not later than 120 days after an application
deadline has been established under paragraph (1), the
Secretary shall announce the names of the deployment
communities selected under this subsection.
(e) Reporting Requirements.--
(1) In general.--The Secretary, in consultation with the
Committee, shall--
(A) determine what data will be required to be
collected by participants in deployment communities and
submitted to the Department to allow for analysis of
the deployment communities;
(B) provide for the protection of consumer privacy,
as appropriate; and
(C) develop metrics to evaluate the performance of
the deployment communities.
(2) Provision of data.--As a condition of participation in
the Program, a deployment community shall provide any data
identified by the Secretary under paragraph (1).
(3) Reports.--Not later than 3 years after the date of
enactment of this Act and again after the completion of the
Program, the Secretary shall submit to Congress a report that
contains--
(A) a description of the status of--
(i) the deployment communities and the
implementation of the deployment plan of each
deployment community;
(ii) the rate of vehicle deployment and
market penetration of plug-in electric drive
vehicles; and
(iii) the deployment of residential and
publicly available infrastructure;
(B) a description of the challenges experienced and
lessons learned from the program to date, including the
activities described in subparagraph (A); and
(C) an analysis of the data collected under this
subsection.
(f) Proprietary Information.--The Secretary shall, as appropriate,
provide for the protection of proprietary information and intellectual
property rights.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,002,000.
(h) Conforming Amendment.--Section 166(b)(5) of title 23, United
States Code, is amended--
(1) in subparagraph (A), by striking ``Before September 30,
2009, the State'' and inserting ``The State''; and
(2) in subparagraph (B), by striking ``Before September 30,
2009, the State'' and inserting ``The State''.
TITLE II--RESEARCH AND DEVELOPMENT
SEC. 201. RESEARCH AND DEVELOPMENT PROGRAM.
(a) Research and Development Program.--
(1) In general.--The Secretary, in consultation with the
Committee, shall establish a program to fund research and
development in advanced batteries, plug-in electric drive
vehicle components, plug-in electric drive infrastructure, and
other technologies supporting the development, manufacture, and
deployment of plug-in electric drive vehicles and charging
infrastructure.
(2) Use of funds.--The program may include funding for--
(A) the development of low-cost, smart-charging and
vehicle-to-grid connectivity technology;
(B) the benchmarking and assessment of open software
systems using nationally established evaluation
criteria; and
(C) new technologies in electricity storage or
electric drive components for vehicles.
(3) Report.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report describing the status of the program described in
paragraph (1).
(b) Secondary Use Applications Program.--
(1) In general.--The Secretary, in consultation with the
Committee, shall carry out a research, development, and
demonstration program that builds upon any work carried out
under section 915 of the Energy Policy Act of 2005 (42 U.S.C.
16195) and--
(A) identifies possible uses of a vehicle battery
after the useful life of the battery in a vehicle has
been exhausted;
(B) assesses the potential for markets for uses
described in subparagraph (A) to develop, as well as
any barriers to the development of the markets;
(C) identifies the infrastructure, technology, and
equipment needed to manage the charging activity of the
batteries used in stationary sources; and
(D) identifies the potential uses of a vehicle
battery--
(i) with the most promise for market
development; and
(ii) for which market development would be
aided by a demonstration project.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress an initial report on the
findings of the program described in paragraph (1), including
recommendations for stationary energy storage and other
potential applications for batteries used in plug-in electric
drive vehicles.
(c) Secondary Use Demonstration Projects.--
(1) In general.--Based on the results of the program
described in subsection (b), the Secretary, in consultation
with the Committee, shall develop guidelines for projects that
demonstrate the secondary uses of vehicle batteries.
(2) Publication of guidelines.--Not later than 30 months
after the date of enactment of this Act, the Secretary shall--
(A) publish the guidelines described in paragraph
(1); and
(B) solicit applications for funding for
demonstration projects.
(3) Grant program.--Not later than 38 months after the date
of enactment of this Act, the Secretary shall select proposals
for grant funding under this section, based on an assessment of
which proposals are mostly likely to contribute to the
development of a secondary market for batteries.
(d) Materials Recycling Study.--
(1) In general.--The Secretary, in consultation with the
Committee, shall carry out a study on the recycling of
materials from plug-in electric drive vehicles and the
batteries used in plug-in electric drive vehicles.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report on the findings of
the study described in paragraph (1).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,535,000,000, including--
(1) $1,500,000,000 for use in conducting the program
described in subsection (a) for fiscal years 2011 through 2020;
(2) $5,000,000 for use in conducting the program described in
subsection (b) for fiscal years 2011 through 2016;
(3) $25,000,000 for use in providing grants described in
subsection (c) for fiscal years 2011 through 2020; and
(4) $5,000,000 for use in conducting the study described in
subsection (d) for fiscal years 2011 through 2013.
SEC. 202. ADVANCED BATTERIES FOR TOMORROW PRIZE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, as part of the program described in section 1008 of the
Energy Policy Act of 2005 (42 U.S.C. 16396), the Secretary shall
establish the Advanced Batteries for Tomorrow Prize to competitively
award cash prizes in accordance with this section to advance the
research, development, demonstration, and commercial application of a
500-mile vehicle battery.
(b) Battery Specifications.--
(1) In general.--To be eligible for the Prize, a battery
submitted by an entrant shall be--
(A) able to power a plug-in electric drive vehicle
authorized to travel on the United States Federal-aid
system of highways for at least 500 miles before
recharging;
(B) of a size that would not be cost-prohibitive or
create space constraints, if mass-produced; and
(C) cost-effective (measured in cost per kilowatt
hour), if mass-produced.
(2) Additional requirements.--The Secretary, in consultation
with the Committee, shall establish any additional battery
specifications that the Secretary and the Committee determine
to be necessary.
(c) Private Funds.--
(1) In general.--Subject to paragraph (2) and notwithstanding
section 3302 of title 31, United States Code, the Secretary may
accept, retain, and use funds contributed by any person,
government entity, or organization for purposes of carrying out
this subsection--
(A) without further appropriation; and
(B) without fiscal year limitation.
(2) Restriction on participation.--An entity providing
private funds for the Prize may not participate in the
competition for the Prize.
(d) Technical Review.--The Secretary, in consultation with the
Committee, shall establish a technical review committee composed of
non-Federal officers to review data submitted by Prize entrants under
this section and determine whether the data meets the prize
specifications described in subsection (b).
(e) Third Party Administration.--The Secretary may select, on a
competitive basis, a third party to administer awards provided under
this section.
(f) Eligibility.--To be eligible for an award under this section--
(1) in the case of a private entity, the entity shall be
incorporated in and maintain a primary place of business in the
United States; and
(2) in the case of an individual (whether participating as a
single individual or in a group), the individual shall be a
citizen or lawful permanent resident of the United States.
(g) Award Amounts.--
(1) In general.--Subject to the availability of funds to
carry out this section, the amount of the Prize shall be
$10,000,000.
(2) Breakthrough achievement awards.--In addition to the
award described in paragraph (1), the Secretary, in
consultation with the technical review committee established
under subsection (d), may award cash prizes, in amounts
determined by the Secretary, in recognition of breakthrough
achievements in research, development, demonstration, and
commercial application of--
(A) activities described in subsection (b); or
(B) advances in battery durability, energy density,
and power density.
(h) 500-Mile Battery Award Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``500-mile Battery
Fund'' (referred to in this section as the ``Fund''), to be
administered by the Secretary, to be available without fiscal
year limitation and subject to appropriation, to award amounts
under this section.
(2) Transfers to fund.--The Fund shall consist of--
(A) such amounts as are appropriated to the Fund
under subsection (i); and
(B) such amounts as are described in subsection (c)
and that are provided for the Fund.
(3) Prohibition.--Amounts in the Fund may not be made
available for any purpose other than a purposes described in
subsection (a).
(4) Annual reports.--
(A) In general.--Not later than 60 days after the end
of each fiscal year beginning with fiscal year 2012,
the Secretary shall submit a report on the operation of
the Fund during the fiscal year to--
(i) the Committees on Appropriations of the
House of Representatives and of the Senate;
(ii) the Committee on Energy and Natural
Resources of the Senate; and
(iii) the Committee on Energy and Commerce of
the House of Representatives.
(B) Contents.--Each report shall include, for the
fiscal year covered by the report, the following:
(i) A statement of the amounts deposited into
the Fund.
(ii) A description of the expenditures made
from the Fund for the fiscal year, including
the purpose of the expenditures.
(iii) Recommendations for additional
authorities to fulfill the purpose of the Fund.
(iv) A statement of the balance remaining in
the Fund at the end of the fiscal year.
(5) Separate appropriations account.--Section 1105(a) of
title 31, United States Code, is amended--
(A) by redesignating paragraphs (35) and (36) as
paragraphs (36) and (37), respectively;
(B) by redesignating the second paragraph (33)
(relating to obligational authority and outlays
requested for homeland security) as paragraph (35); and
(C) by adding at the end the following:
``(38) a separate statement for the 500-mile Battery Fund
established under section 8(h) of the `Promoting Electric
Vehicles Act of 2010', which shall include the estimated amount
of deposits into the Fund, obligations, and outlays from the
Fund.''.
(i) Authorization of Appropriations.--There is authorized to be
appropriated--
(1) $10,000,000 to carry out subsection (g)(1); and
(2) $1,000,000 to carry out subsection (g)(2).
SEC. 203. STUDY ON THE SUPPLY OF RAW MATERIALS.
(a) In General.--The Secretary of the Interior, in consultation
with the Secretary and the Task Force, shall conduct a study that--
(1) identifies the raw materials needed for the manufacture
of plug-in electric drive vehicles, batteries, and other
components for plug-in electric drive vehicles, and for the
infrastructure needed to support plug-in electric drive
vehicles;
(2) describes the primary or original sources and known
reserves and resources of those raw materials;
(3) assesses, in consultation with the National Academy of
Sciences, the degree of risk to the manufacture, maintenance,
deployment, and use of plug-in electric drive vehicles
associated with the supply of those raw materials; and
(4) identifies pathways to securing reliable and resilient
supplies of those raw materials.
(b) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary of the Interior shall submit to Congress a
report that describes the results of the study.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this subsection $1,500,000.
SEC. 204. STUDY ON THE COLLECTION AND PRESERVATION OF DATA COLLECTED
FROM PLUG-IN ELECTRIC DRIVE VEHICLES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Committee, shall enter into an agreement with the National Academy of
Sciences under which the Academy shall conduct a study that--
(1) identifies--
(A) the data that may be collected from plug-in
electric drive vehicles, including data on the
location, charging patterns, and usage of plug-in
electric drive vehicles;
(B) the scientific, economic, commercial, security,
and historic potential of the data described in
subparagraph (A); and
(C) any laws or regulations that relate to the data
described in subparagraph (A); and
(2) analyzes and provides recommendations on matters that
include procedures, technologies, and rules relating to the
collection, storage, and preservation of the data described in
paragraph (1)(A).
(b) Report.--Not later than 15 months after the date of an
agreement between the Secretary and the Academy under subsection (a),
the National Academy of Sciences shall submit to the appropriate
committees of Congress a report that describes the results of the study
under subsection (a).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000.
TITLE III--MISCELLANEOUS
SEC. 301. UTILITY PLANNING FOR PLUG-IN ELECTRIC DRIVE VEHICLES.
(a) In General.--The Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 2601 et seq.) is amended--
(1) in section 111(d) (16 U.S.C. 2621(d)), by adding at the
end the following:
``(20) Plug-in electric drive vehicle planning.--
``(A) Utility plan for plug-in electric drive
vehicles.--
``(i) In general.--Not later than 2 years
after the date of enactment of this paragraph,
each electric utility shall develop a plan to
support the use of plug-in electric drive
vehicles, including medium- and heavy-duty
hybrid electric vehicles in the service area of
the electric utility.
``(ii) Requirements.--A plan under clause (i)
shall investigate--
``(I) various levels of potential
penetration of plug-in electric drive
vehicles in the utility service area;
``(II) the potential impacts that the
various levels of penetration and
charging scenarios (including charging
rates and daily hours of charging)
would have on generation, distribution
infrastructure, and the operation of
the transmission grid; and
``(III) the role of third parties in
providing reliable and economical
charging services.
``(iii) Waiver.--
``(I) In general.--An electric
utility that determines that the
electric utility will not be impacted
by plug-in electric drive vehicles
during the 5-year period beginning on
the date of enactment of this paragraph
may petition the Secretary to waive
clause (i) for 5 years.
``(II) Approval.--Approval of a
waiver under subclause (I) shall be in
the sole discretion of the Secretary.
``(iv) Updates.--
``(I) In general.--Each electric
utility shall update the plan of the
electric utility every 5 years.
``(II) Resubmission of waiver.--An
electric utility that received a waiver
under clause (iii) and wants the waiver
to continue after the expiration of the
waiver shall be required to resubmit
the waiver.
``(v) Exemption.--If the Secretary determines
that a plan required by a State regulatory
authority meets the requirements of this
paragraph, the Secretary may accept that plan
and exempt the electric utility submitting the
plan from the requirements of clause (i).
``(B) Support requirements.--Each State regulatory
authority (in the case of each electric utility for
which the authority has rate-making authority) and each
municipal and cooperative utility shall--
``(i) participate in any local plan for the
deployment of recharging infrastructure in
communities located in the footprint of the
authority or utility;
``(ii) require that charging infrastructure
deployed is interoperable with products of all
auto manufacturers to the maximum extent
practicable; and
``(iii) consider adopting minimum
requirements for deployment of electrical
charging infrastructure and other appropriate
requirements necessary to support the use of
plug-in electric drive vehicles.
``(C) Cost recovery.--Each State regulatory authority
(in the case of each electric utility for which the
authority has ratemaking authority) and each municipal
and cooperative utility may consider whether, and to
what extent, to allow cost recovery for plans and
implementation of plans.
``(D) Determination.--Not later than 3 years after
the date of enactment of this paragraph, each State
regulatory authority (with respect to each electric
utility for which the authority has ratemaking
authority), and each municipal and cooperative electric
utility, shall complete the consideration, and shall
make the determination, referred to in subsection (a)
with respect to the standard established by this
paragraph.'';
(2) in section 112(c) (16 U.S.C. 2622(c))--
(A) in the first sentence, by striking ``Each State''
and inserting the following:
``(1) In general.--Each State'';
(B) in the second sentence, by striking ``In the
case'' and inserting the following:
``(2) Specific standards.--
``(A) Net metering and fossil fuel generation
efficiency.--In the case'';
(C) in the third sentence, by striking ``In the
case'' and inserting the following:
``(B) Time-based metering and communications.--In the
case'';
(D) in the fourth sentence--
(i) by striking ``In the case'' and inserting
the following:
``(C) Interconnection.--In the case''; and
(ii) by striking ``paragraph (15)'' and
inserting ``paragraph (15) of section 111(d)'';
(E) in the fifth sentence, by striking ``In the
case'' and inserting the following:
``(D) Integrated resource planning, rate design
modifications, smart grid investments, smart grid
information.--In the case''; and
(F) by adding at the end the following:
``(E) Plug-in electric drive vehicle planning.--In
the case of the standards established by paragraph (20)
of section 111(d), the reference contained in this
subsection to the date of enactment of this Act shall
be deemed to be a reference to the date of enactment of
that paragraph.''; and
(3) in section 112(d) (16 U.S.C. 2622(d)), in the matter
preceding paragraph (1), by striking ``(19)'' and inserting
``(20)''.
(b) Report.--
(1) In general.--The Secretary, in consultation with the
Technical Advisory Committee, shall convene a group of utility
stakeholders, charging infrastructure providers, third party
aggregators, and others, as appropriate, to discuss and
determine the potential models for the technically and
logistically challenging issues involved in using electricity
as a fuel for vehicles, including--
(A) accommodation for billing for charging a plug-in
electric drive vehicle, both at home and at publicly
available charging infrastructure;
(B) plans for anticipating vehicle to grid
applications that will allow batteries in cars as well
as banks of batteries to be used for grid storage,
ancillary services provision, and backup power;
(C) integration of plug-in electric drive vehicles
with smart grid, including protocols and standards,
necessary equipment, and information technology
systems; and
(D) any other barriers to installing sufficient and
appropriate charging infrastructure.
(2) Report.--Not later than 2 years after the date of
enactment of this Act and biennially thereafter, the Secretary
shall submit to the appropriate committees of Congress a report
that includes--
(A) the issues and model solutions described in
paragraph (1); and
(B) any other issues that the Task Force and
Secretary determine to be appropriate.
SEC. 302. LOAN GUARANTEES.
(a) Loan Guarantees for Advanced Battery Purchases for Use in
Stationary Applications.--Subtitle B of title I of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17011 et seq.) is
amended by adding at the end the following:
``SEC. 137. LOAN GUARANTEES FOR ADVANCED BATTERY PURCHASES.
``(a) Definitions.--In this section:
``(1) Qualified automotive battery.--The term `qualified
automotive battery' means a battery that--
``(A) has at least 4 kilowatt hours of battery
capacity; and
``(B) is designed for use in qualified plug-in
electric drive motor vehicles but is purchased for
nonautomotive applications.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) an original equipment manufacturer;
``(B) an electric utility;
``(C) any provider of range extension infrastructure;
or
``(D) any other qualified entity, as determined by
the Secretary.
``(b) Loan Guarantees.--
``(1) In general.--The Secretary shall guarantee loans made
to eligible entities for the aggregate purchase of not less
than 200 qualified automotive batteries in a calendar year that
have a total minimum power rating of 1 megawatt and use
advanced battery technology.
``(2) Restriction.--As a condition of receiving a loan
guarantee under this section, an entity purchasing qualified
automotive batteries with loan funds guaranteed under this
section shall comply with the provisions of the Buy American
Act (41 U.S.C. 10a et seq.).
``(c) Regulations.--The Secretary shall promulgate such regulations
as are necessary to carry out this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000.''.
(b) Loan Guarantees for Charging Infrastructure.--Section 1705(a)
of the Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by
adding at the end the following:
``(4) Charging infrastructure and networks of charging
infrastructure for plug-in drive electric vehicles, if the
charging infrastructure will be operational prior to December
31, 2016.''.
SEC. 303. PROHIBITION ON DISPOSING OF ADVANCED BATTERIES IN LANDFILLS.
(a) Definition of Advanced Battery.--
(1) In general.--In this section, the term ``advanced
battery'' means a battery that is a secondary (rechargeable)
electrochemical energy storage device that has enhanced energy
capacity.
(2) Exclusions.--The term ``advanced battery'' does not
include--
(A) a primary (nonrechargeable) battery; or
(B) a lead-acid battery that is used to start or
serve as the principal electrical power source for a
plug-in electric drive vehicle.
(b) Requirement.--An advanced battery from a plug-in electric drive
vehicle shall be disposed of in accordance with the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as the ``Resource
Conservation and Recovery Act of 1976'').
SEC. 304. PLUG-IN ELECTRIC DRIVE VEHICLE TECHNICAL ADVISORY COMMITTEE.
(a) In General.--There is established the Plug-in Electric Drive
Vehicle Technical Advisory Committee to advise the Secretary on the
programs and activities under this Act.
(b) Mission.--The mission of the Committee shall be to advise the
Secretary on technical matters, including--
(1) the priorities for research and development;
(2) means of accelerating the deployment of safe, economical,
and efficient plug-in electric drive vehicles for mass market
adoption;
(3) the development and deployment of charging
infrastructure;
(4) the development of uniform codes, standards, and safety
protocols for plug-in electric drive vehicles and charging
infrastructure; and
(5) reporting on the competitiveness of the United States in
plug-in electric drive vehicle and infrastructure research,
manufacturing, and deployment.
(c) Membership.--
(1) Members.--
(A) In general.--The Committee shall consist of not
less than 12, but not more than 25, members.
(B) Representation.--The Secretary shall appoint the
members to Committee from among representatives of--
(i) domestic industry;
(ii) institutions of higher education;
(iii) professional societies;
(iv) Federal, State, and local governmental
agencies (including the National Laboratories);
and
(v) financial, transportation, labor,
environmental, electric utility, or other
appropriate organizations or individuals with
direct experience in deploying and marketing
plug-in electric drive vehicles, as the
Secretary determines to be necessary.
(2) Terms.--
(A) In general.--The term of a Committee member shall
not be longer than 3 years.
(B) Staggered terms.--The Secretary may appoint
members to the Committee for differing term lengths to
ensure continuity in the functioning of the Committee.
(C) Reappointments.--A member of the Committee whose
term is expiring may be reappointed.
(3) Chairperson.--The Committee shall have a chairperson, who
shall be elected by and from the members.
(d) Review.--The Committee shall review and make recommendations to
the Secretary on the implementation of programs and activities under
this Act.
(e) Response.--
(1) In general.--The Secretary shall consider and may adopt
any recommendation of the Committee under subsection (c).
(2) Biennial report.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act and every 2 years
thereafter, the Secretary shall submit to the
appropriate committees of Congress a report describing
any new recommendations of the Committee.
(B) Contents.--The report shall include--
(i) a description of the manner in which the
Secretary has implemented or plans to implement
the recommendations of the Committee; or
(ii) an explanation of the reason that a
recommendation of the Committee has not been
implemented.
(C) Timing.--The report described in this paragraph
shall be submitted by the Secretary at the same time
the President submits the budget proposal for the
Department of Energy to Congress.
(f) Coordination.--The Committee shall--
(1) hold joint annual meetings with the Hydrogen and Fuel
Cell Technical Advisory Committee established by section 807 of
the Energy Policy Act of 2005 (42 U.S.C. 16156) to help
coordinate the work and recommendations of the Committees; and
(2) coordinate efforts, to the maximum extent practicable,
with all existing independent, departmental, and other advisory
Committees, as determined to be appropriate by the Secretary.
(g) Support.--The Secretary shall provide to the Committee the
resources necessary to carry out this section, as determined to be
necessary by the Secretary.
SEC. 305. PLUG-IN ELECTRIC DRIVE VEHICLE INTERAGENCY TASK FORCE.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the President shall establish the Plug-in
Electric Drive Vehicle Interagency Task Force, to be chaired by the
Secretary and which shall consist of at least 1 representative from
each of--
(1) the Office of Science and Technology Policy;
(2) the Council on Environmental Quality;
(3) the Department of Energy;
(4) the Department of Transportation;
(5) the Department of Defense;
(6) the Department of Commerce (including the National
Institute of Standards and Technology);
(7) the Environmental Protection Agency;
(8) the General Services Administration; and
(9) any other Federal agencies that the President determines
to be appropriate.
(b) Mission.--The mission of the Task Force shall be to ensure
awareness, coordination, and integration of the activities of the
Federal Government relating to plug-in electric drive vehicles,
including--
(1) plug-in electric drive vehicle research and development
(including necessary components);
(2) the development of widely accepted smart-grid standards
and protocols for charging infrastructure;
(3) the relationship of plug-in electric drive vehicle
charging practices to electric utility regulation;
(4) the relationship of plug-in electric drive vehicle
deployment to system reliability and security;
(5) the general deployment of plug-in electric drive vehicles
in the Federal, State, and local governments and for private
use;
(6) the development of uniform codes, standards, and safety
protocols for plug-in electric drive vehicles and charging
infrastructure; and
(7) the alignment of international plug-in electric drive
vehicle standards.
(c) Activities.--
(1) In general.--In carrying out this section, the Task Force
may--
(A) organize workshops and conferences;
(B) issue publications; and
(C) create databases.
(2) Mandatory activities.--In carrying out this section, the
Task Force shall--
(A) foster the exchange of generic, nonproprietary
information and technology among industry, academia,
and the Federal Government;
(B) integrate and disseminate technical and other
information made available as a result of the programs
and activities under this Act;
(C) support education about plug-in electric drive
vehicles;
(D) monitor, analyze, and report on the effects of
plug-in electric drive vehicle deployment on the
environment and public health, including air emissions
from vehicles and electricity generating units; and
(E) review and report on--
(i) opportunities to use Federal programs
(including laws, regulations, and guidelines)
to promote the deployment of plug-in electric
drive vehicles; and
(ii) any barriers to the deployment of plug-
in electric drive vehicles, including barriers
that are attributable to Federal programs
(including laws, regulations, and guidelines).
(d) Agency Cooperation.--A Federal agency--
(1) shall cooperate with the Task Force; and
(2) provide, on request of the Task Force, appropriate
assistance in carrying out this section, in accordance with
applicable Federal laws (including regulations).
Purpose
The purpose of S. 3495 is to promote the deployment of
plug-in electric drive vehicles.
Background and Need
Plug-in electric drive vehicles generally derive some
motive power from electric motors that are powered by stored
electricity originally derived from the electric grid. If these
vehicles can become a significant part of the nation's overall
vehicle fleet, their decreased reliance on oil-derived fuels
would dramatically reduce domestic petroleum consumption and
green house gas emissions. In addition, electric power is often
significantly cheaper per mile than oil-derived fuels,
particularly during non-peak hours, providing ongoing economic
benefits to consumers. As a result of these projected benefits,
the Federal Government has undertaken a number of efforts to
promote the development of these vehicles and their adoption by
the public at large. However, like most new technologies,
electric-drive vehicles are expected to face a variety of
market entry challenges, including consumer uncertainty, higher
initial manufacturing costs, and lack of supporting
infrastructure.
S. 3495 aims to accelerate the introduction of electric
cars and trucks throughout the country by creating a National
Plug-In Electric Drive Vehicle Deployment Program, which
includes technical assistance and grants to state, local, and
tribal governments to help facilitate the deployment of
electric vehicles; a Targeted Plug-In Electric Drive Vehicle
Deployment Communities Program; a robust Research and
Development program at the Department of Energy; and related
provisions.
Legislative History
S. 3495 was introduced by Senator Dorgan on June 15, 2010.
The Committee on Energy and Natural Resources held a hearing on
the bill on June 22, 2010. The Committee on Energy and Natural
Resources considered the bill and ordered it favorably reported
with an amendment in the nature of a substitute on July 21,
2010.
Committee Recommendation and Tabulation of Votes
The Committee on Energy and Natural Resources, in an open
business session on July 21, 2010, by a roll call vote of a
quorum present, recommends that the Senate pass S. 3495, if
amended as described herein.
The rollcall vote on reporting the measure was 19 yeas, 4
nays, as follows:
YEAS NAYS
Mr. Bingaman Mr. Barrasso
Mr. Dorgan Mr. McCain
Mr. Wyden Mr. Bunning*
Mr. Johnson* Mr. Sessions
Ms. Landrieu*
Ms. Cantwell*
Mr. Menendez*
Mrs. Lincoln*
Mr. Sanders
Mr. Bayh*
Ms. Stabenow
Mr. Udall
Mrs. Shaheen
Ms. Murkowski
Mr. Burr
Mr. Brownback
Mr. Risch
Mr. Bennett
Mr. Corker
*Indicates vote by proxy.
Committee Amendment
During its consideration of S. 3495, the Committee adopted
an amendment in the nature of a substitute. Among other things,
the amendment modifies section 103(a)(5)(C), on the use of
grant funds for charging infrastructure; amends section
103(a)(3), to allow public-private partnerships to apply for
grants; adds an authorization of appropriations in section
103(a)(5)(E); specifically makes the Postal Service and the
Department of Defense eligible to participate in the Federal
fleet pilot program in section 105(b); amends section 507 of
the Energy Policy Act of 1992 to give priority to electric
vehicles in Federal fleets; scales back the scope of the
deployment communities program in section 106; adds research
and development on electric drive components to the list of
research activities covered under title II; narrows the scope
of issues required to be considered in the National Academy of
Sciences study under section 204; amends title XVII of the
Energy Policy Act of 2005 to make charging infrastructure
eligible for loan guarantees; and requires advanced batteries
to be disposed of in accordance with the Resource Conservation
and Recovery Act of 1976. The substitute amendment is explained
in detail in the section-by-section analysis below.
Section-by-Section Analysis
Section 1 provides a short title.
Section 2 makes findings.
Section 3 defines key terms.
TITLE I--NATIONAL PLUG-IN ELECTRIC DRIVE VEHICLE DEPLOYMENT PROGRAM
Section 101(a) establishes within the Department of Energy
a national plug-in electric drive vehicle deployment program.
Subsection (b) establishes goals for the program, including
reduction of petroleum use and greenhouse gas emissions through
deployment of plug-in electric drive vehicles; establishing
models for the rapid deployment of plug-in electric drive
vehicles; increasing consumer knowledge and acceptance;
encouraging innovation and investment; facilitating integration
into the electric distribution system; providing technical
assistance to communities; and supporting workforce training.
Subsection (c) prescribes the duties of the Secretary of
Energy in carrying out the program, including providing
technical assistance, performing national assessments,
disseminating data, developing best practices, carrying out
workforce training, and establishing a deployment communities
program.
Subsection (d) requires the Secretary to report progress
made in implementing the program to Congress.
Subsection (e) requires the Secretary to make information
regarding plug-in electric drive vehicles and associated
infrastructure available to the public.
Subsection (f) authorizes the appropriation of $100 million
over the period of fiscal years 2011 through 2016 to carry out
sections 101 through 103.
Section 102 requires the Secretary to perform a national
assessment of opportunities to deploy plug-in electric drive
vehicles and create a national plan for deployment.
Subsection (a) requires the plan to include: an assessment
of the maximum number of plug-in electric drive vehicles that
will be deployed by 2020 and 2030; national goals for market
penetration of plug-in electric drive vehicles by 2020 and
2030; a plan for integrating the successes and barriers that
are identified by the deployment communities program
established under section 106; a plan for providing technical
assistance to communities; a plan for quantifying reductions in
petroleum consumption and greenhouse gas emissions resulting
from the deployment of plug-in electric drive vehicles; and
recommendations to promote the deployment of, and reduce
barriers to the deployment of, plug-in electric drive vehicles.
Subsection (b) requires the Secretary to update the plan at
least once every two years to reflect real world market
conditions, using market data and information from the
deployment communities program established under section 106.
Section 103(a)(1) requires the Secretary of Energy to
provide technical assistance to State, local, and tribal
governments to assist with the national deployment of plug-in
electric drive vehicles.
Paragraph (2) requires the technical assistance to include:
training codes and standards for building and safety
inspectors; training on best practices for expediting permits
and inspections; education and outreach on the various types of
plug-in electric drive vehicles and the associated technology;
and dissemination of information on best practices for the
deployment of plug-in electric drive vehicles.
Paragraph (3) directs the Secretary to give priority to
communities that have established public-private partnerships,
demonstrated public support, shown a commitment to meeting
consumer charging infrastructure needs, and established
regulatory and education efforts to facilitate consumer
acceptance.
Paragraph (4) requires the Secretary to collect and
disseminate information on best practices.
Paragraph (5) directs the secretary to establish a program
to provide grants to State, local, and tribal governments, or
to partnerships of government and private entities to assist
them in preparing community deployment plans under section 106.
Subsection (b) directs the Secretary of Energy to work with
relevant groups to develop and publish guidance for: model
building codes for charging infrastructure; model construction
permitting or inspection processes that allow for expedited
installation of charging infrastructure; and model zoning,
parking rules, or other local ordinances that facilitate
installation of, and access to, publicly available charging
infrastructure.
Section 104 directs the Secretary to award grants to
educational institutions to train first responders;
electricians and contractors who will install infrastructure;
engineers; code inspection officials; and dealers and mechanics
in order to ensure that the workforce has the necessary skills
to maintain plug-in electric drive vehicles and their
supporting infrastructure.
Subsection (b) directs the Secretary to award grants to
educational institutions for programs to provide training in
the design of plug-in electric drive vehicles and associated
components and infrastructure.
Subsection (c) authorizes $150 million for grants under
section 104.
Section 105(a) provides that electricity consumed by
Federal agencies to fuel plug-in electric drive vehicles is an
alternative fuel within the meaning of section 301 of the
Energy Policy Act of 1992, and is to be counted under Federal
fleet management reporting requirements rather than Federal
building management reporting requirements.
Subsection (b) directs the Federal Energy Management
Program and the General Services Administration to compile a
report on how many plug-in electric drive vehicles could be
deployed in federal fleets based on needed functionality and
lifecycle costs and the estimated cost to the Federal
Government.
Subsection (c)(1) directs the Federal Energy Management
Program, in consultation with the General Services
Administration, to develop information requests for each agency
and establish guidelines for each agency to use in deploying a
plug-in electric drive vehicles. Paragraph (2) requires each
Federal agency that operates a fleet of at least 20 motor
vehicles to collect the information requested and to develop a
plan to deploy plug-in electric drive vehicles.
Subsection (d) directs Federal agencies to provide plug-in
electric drive vehicle purchase plans as part of the
President's budget request.
Subsection (e) directs the Administrator of the General
Services Administration to acquire and deploy plug-in electric
drive vehicles to be used in a pilot program in federal fleets
and authorizes funds to cover incremental costs.
Subsection (f) directs the Secretary to prioritize the
purchase of plug-in electric drive vehicles for the Federal
fleet, to the maximum extent practicable.
Subsection (g) authorizes the appropriation of $25 million
for the incremental cost of purchasing or leasing plug-in
electric drive vehicles and charging infrastructure for federal
fleets.
Section 106(a)(1) establishes a targeted plug-in electric
drive vehicle deployment communities program.
Paragraph (2) requires the Secretary to coordinate and
supplement, rather than supplant, the plug-in electric drive
vehicle deployment activities under section 131 of the Energy
Independence and Security Act of 2007.
Paragraph (3)(A) directs the Secretary to establish a
competitive process to select phase 1 deployment communities.
Subparagraph (B) provides that only State, tribal, or local
governments may apply to become a deployment community under
phase 1. Subparagraph (C) requires the Secretary to select
phase 1 deployment communities within one year after the date
of enactment and funds being appropriated for the Program.
Subparagraph (D) requires phase 1 to be carried out over the
three year period after funds are first provided to the
deployment community.
Paragraph (4) requires the Secretary to report to Congress
within three years after the date of enactment on the lessons
learned from phase 1 and to make recommendations and propose a
plan for phase 2, if the Secretary determines that a second
phase is warranted.
Subsection (b) establishes goals for the deployment
communities program.
Subsection (c) establishes selection criteria for phase 1
deployment communities. Among other things, the Secretary is
required to ensure, to the maximum extent practicable,
geographic and demographic diversity, and the selection of at
least one community that has a population of less than 125,000.
The Secretary is also encouraged to select a combination of
deployment communities that include multiple models or
approaches for deploying plug-in electric drive vehicles.
Subsection (d)(1)(A) permits State, tribal, and local
governments, or combinations of such governments, to apply to
become a deployment community. Paragraph (1)(B) permits
applications to be jointly sponsored by other entities.
Paragraph (2)(A) permits applicants to request up to
$250,000,000 in financial assistance from the Secretary to fund
projects in the deployment community. Paragraph (2)(B)
specifies permissible uses of the funds. Paragraph (2)(C)
requires communities to provide at least 20 percent of the
funding for their program from non-Federal sources.
Paragraph (3) requires the Secretary to announce the
deployment communities selected within 120 days after the
application deadline.
Subsection (e) requires deployment communities, as a
condition of participation in the Program, to provide any data
needed by the Secretary to evaluate their performance. It also
requires the Secretary to report to Congress on the Program
within three years of enactment of the Act.
Subsection (f) requires the Secretary to protect
proprietary information and intellectual property rights.
Subsection (g) authorizes appropriation of $2,000,002,000
for the deployment communities program.
Subsection (h) amends section 166(b)(5) of title 23, United
States Code, to reinstate and make permanent the authority for
low emission vehicles to use high occupancy vehicle lanes.
TITLE II--RESEARCH AND DEVELOPMENT
Section 201(a) directs the Secretary to establish a
research and development program to work on all aspects of the
development, production, and deployment of electric vehicles
and relevant components.
Subsection (b) directs the Secretary to conduct a research,
development, and demonstration program to identify and assess
possible uses for vehicle batteries at the end of their useful
life in a vehicle.
Subsection (c) directs the Secretary to develop guidelines
for projects that demonstrate the secondary uses of vehicle
batteries and to provide grants for demonstration projects
likely to contribute to the development of a secondary market
for batteries.
Subsection (d) directs the Secretary to carry out a study
on recycling materials from electric vehicles and batteries and
to report to Congress within two years after the date of
enactment.
Subsection (e) authorizes the appropriation of
$1,535,000,000 to carry out section 201.
Section 202(a) directs the Secretary to establish the
Advanced Batteries for Tomorrow Prize to advance the research,
development, demonstration, and commercial application of a
500-mile vehicle battery by offering competitively awarded cash
prizes.
Subsection (b) specifies eligibility requirements for
battery entries and authorizes the Secretary to establish
additional requirements.
Subsection (c) authorizes the Secretary to accept, retain,
and use private funds for the Prize without further
appropriation.
Subsection (d) directs the Secretary to establish a
technical review committee to review entries.
Subsection (e) authorizes the Secretary to select a third
party to administer awards of the Prize.
Subsection (f) establishes eligibility requirements of
entrants.
Subsection (g)(1) provides that the Prize will be $10
million, subject to the availability of funds. Paragraph (2)
permits the Secretary to award additional cash prizes, in
amounts determined by the Secretary, for breakthrough
achievements in research, development, demonstration, and
commercial application.
Subsection (h) establishes a 500-mile Battery Fund in the
Treasury.
Subsection (i) authorizes the appropriation of $10 million
for the 500-mile Battery Prize and $1 million for the
breakthrough achievement awards.
Section 203(a) directs the Secretary of the Interior to
conduct a study identifying the raw materials needed to
manufacture plug-in electric drive vehicles, batteries, and
other components; to describe the known sources of these
materials and the risks associated with their supply; and to
identify ways to secure the supply chain of critical raw
materials. Subsection (b) requires the Secretary of the
Interior to report the results of the study to Congress within
three years after the date of enactment. Subsection (c)
authorizes the appropriation of $1.5 million for the study and
report.
Section 204(a) directs the Secretary of Energy to enter
into an agreement with the National Academy of Sciences to
conduct a study to identify the data that may be collected from
electric vehicles, (such as location, charging patterns and
usage of electric vehicles) and analyze and provide
recommendations on procedures, technologies, and rules relating
to the collection, storage, and preservation of this data.
Subsection (b) requires the National Academy to report the
results of the study to Congress within 15 months after
entering into the agreement with the Secretary. Subsection (c)
authorizes the appropriation of $1 million for the study and
report.
TITLE III--MISCELLANEOUS
Section 301(a)(1) amends section 111(d) of the Public
Utility Regulatory Policies Act of 1978 to require state
regulatory authorities to consider adopting a plan to support
the deployment of plug-in electric drive vehicles. This plan
requires electric utilities to consider the potential levels of
plug-in penetration that they might expect to see on their
systems in the near term, investigate the potential impacts on
their transmission and distribution infrastructure, and plan
for the deployment of electric vehicles in their service area.
Any utility that does not anticipate meaningful electric
vehicle penetration on their system can request that this
requirement be waived.
Subsection (a)(2) makes technical and conforming amendments
to section 112(c) of the Public Utility Regulatory Policies Act
of 1978.
Subsection (a)(3) makes a further conforming amendment to
section 112(d) of the Public Utility Regulatory Policies Act of
1978.
Subsection (b) requires the Secretary to convene a group of
stakeholders from utilities, charging infrastructure companies,
and others to investigate potential models for billing, smart
grid integration, and future vehicle to grid opportunities.
Section 302 provides loan guarantees for eligible entities
that purchase more than 200 qualified automotive batteries in a
calendar year for use in nonautomotive applications. This
provision is designed to help attract battery manufacturing
facilities to the U.S. while plug-in electric drive vehicle
production is still ramping up.
Section 303 requires that batteries from plug-in electric
drive motor vehicles be disposed of in accordance with the
Solid Waste Disposal Act.
Section 304 establishes a technical advisory committee to
advise the Secretary of Energy on matters relating to plug-in
electric drive vehicles. The committee is to coordinate with
the Hydrogen and Fuel Cells Technical Advisory Committee and
the Biomass Research and Development Technical Advisory
Committee.
Section 305 establishes an Interagency Task Force, chaired
by the Secretary of Energy, to coordinate federal actions
related to plug-in electric drive vehicles and infrastructure.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
S. 3495--Promoting Electric Vehicles Act of 2010
Summary: S. 3495 would authorize appropriations for
activities aimed at promoting the development of plug-in,
electric-drive vehicles and related infrastructure. Assuming
appropriation of the authorized amounts, CBO estimates that
implementing S. 3495 would cost about $4 billion over the 2011-
2015 period. Enacting S. 3495 would not affect direct spending
or receipts; therefore, pay-as-you-go procedures do not apply.
S. 3495 would impose an intergovernmental and private-
sector mandate, as defined in the Unfunded Mandates Reform Act
(UMRA), on state regulatory authorities and electric utilities.
CBO estimates that the costs of complying with that mandate
would fall well below the annual thresholds established in UMRA
for intergovernmental or private-sector mandates ($70 million
and $141 million in 2010, respectively, adjusted annually for
inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 3495 is shown in the following table.
The costs of this legislation fall within budget function 270
(energy).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------
2011-
2011 2012 2013 2014 2015 2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................. 3,874 100 100 100 100 4,274
Estimated Outlays................................... 732 1,188 933 750 427 4,030
----------------------------------------------------------------------------------------------------------------
Basis of estimate: S. 3495 would direct the Department of
Energy (DOE) to carry out research and development programs and
undertake a variety of related efforts to promote the
development of plug-in electric vehicles and related
infrastructure. For fiscal year 2010, DOE received a total of
just over $100 million for programs to develop batteries and
technologies related to electric-drive vehicles. S. 3495 would
specifically authorize appropriations totaling nearly $4.3
billion over the 2011-2015 period to greatly expand existing
programs and establish new initiatives. That amount includes:
$2 billion to make competitive grants of up
to $250 million each to state, local, or tribal
governments to implement plans to develop necessary
infrastructure and related systems to support up to
400,000 electric-drive vehicles;
$1.5 billion for research and development
related to advanced batteries and related technologies;
$500 million to provide technical assistance
to state and local governments to develop necessary
systems and infrastructure to support widespread
deployment of plug-in, electric-drive vehicles;
$150 million for grants to institutions of
higher education and other qualified entities that
offer vocational training related to plug-in, electric-
drive vehicles and related infrastructure;
$50 million to cover the cost of federal
loan guarantees to support bulk purchases by certain
entities of electric-drive vehicle batteries for
nonautomotive use;
$25 million to procure plug-in, electric-
drive vehicles for federal agencies; and
$14 million for other studies, reports, and
activities.
Based on historical spending patterns for DOE programs
related to research and development of vehicle technologies,
CBO estimates that implementing S. 3495 would cost about $4
billion over the 2011-2015 period, with additional spending (of
about $0.2 billion) occurring in later years. That estimate
assumes that S. 3495 will be enacted in 2010 and that
appropriations will be provided as specified by the bill.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: S. 3495 would
impose an intergovernmental and private-sector mandate, as
defined in UMRA, requiring state regulatory authorities and
electric utilities to consider developing a standard for
electric-vehicle planning. Because those entities would not be
required to implement those standards, CBO estimates that the
annual costs of the mandate would fall well below the
thresholds established in UMRA for intergovernmental and
private-sector mandates ($70 million and $141 million in 2010,
respectively, adjusted annually for inflation).
The bill would authorize grants to state, local, and tribal
governments for programs to support the deployment of plug-in
electric vehicles. The bill also would authorize grants to
institutions of higher education to provide training relating
to electric vehicle maintenance. Any costs to those entities
would be incurred voluntarily as a condition of federal
assistance.
Estimate prepared by: Federal costs: Megan Carroll; Impact
on state, local, and tribal governments: Ryan Miller; Impact on
the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evalution
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 3495.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional regulatory paperwork would
result from the enactment of S. 3495, as ordered reported,
except to the extent that state regulatory authorities adopt
the plug-in electric drive vehicle planning standard under
section 301.
Congressionally Directed Spending
S. 3495, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Department of Energy at the
June 22, 2010 Full Committee hearing on S. 3495 follows:
Statement of David B. Sandalow, Assistant Secretary, Policy and
International Affairs, Department of Energy
introduction
Chairman Bingaman, Ranking Member Murkowski, and other
Members of the Committee, thank you for the opportunity to
appear before you today to discuss electric drive vehicles.
The Department of Energy shares the Committee's goals for
accelerating electric drive vehicle deployment as a way to
address two critical challenges facing our nation--reducing our
dependence on petroleum and mitigating greenhouse gas
emissions.
Nowhere are these priorities more challenging than in the
transportation sector, which accounts for two-thirds of our
petroleum consumption and about a third of our greenhouse gas
emissions.\1\ Electric drive will play a key role in meeting
these challenges. Simply put, drivetrain electrification can
dramatically reduce both petroleum use and greenhouse gas
emissions--whether we're talking about hybrids or plug-ins that
use biofuel and renewable electricity, full electric vehicles
recharged with renewable electricity, or fuel cell vehicles
that use renewable hydrogen.
---------------------------------------------------------------------------
\1\Transportation Energy Data Book: Edition 28, calculated from
data in Table 1.13 and Table 1.16
---------------------------------------------------------------------------
The American Recovery and Reinvestment Act (P.L. 111-5)
supported an unprecedented investment in our nation's
manufacturing capacity and infrastructure for electric drive
vehicles. With Recovery Act funds, U.S. manufacturers are
building the capacity to produce 50,000 Plug-in Hybrid Electric
Vehicle (PHEV) batteries annually by the end of 2011 and
500,000 PHEV batteries annually by December 2014. As you know--
with more than 95 percent of today's lithium-ion batteries for
consumer electronics made in Asia--this commitment to building
U.S. manufacturing capacity is significant and provides us an
opportunity to lead the world in advanced lithium-ion battery
technology.
Recovery Act funds are also supporting the largest-ever
coordinated deployment of nearly 7,000 electric vehicles and
more than 16,000 electric charging points. The detailed
operational data we collect through this deployment will
provide important insights about vehicle usage, charging
patterns, and potential impacts on our nation's electrical grid
necessary for accelerating broader, long-term deployment of
vehicles and infrastructure. I will also add Recovery Act funds
are supporting a number of programs to educate code officials,
first responders, technicians, and engineers who are critical
components of the human infrastructure needed for the
successful transition to electrified transportation, both in
terms of consumer acceptance and public safety. All together,
this $2.4 billion investment through the Recovery Act supports
48 competitively-selected and cost-shared electric drive
vehicle projects in more than 20 states that will directly
result in the creation of tens of thousands of jobs in the U.S.
battery and auto industries.
With that as a foundation, I am pleased to offer the
Department's perspective on the Promoting Electric Vehicles Act
of 2010 (S. 3495).
comments on the promoting electric vehicles act
of 2010
The Promoting Electric Vehicles Act of 2010 includes
several important provisions to promote near-term deployment of
plug-in electric drive vehicles, which complement and
supplement the Department's ongoing activities, funded both
through the Recovery Act and annual appropriations.
The Department recognizes the potential benefits of
activities such as those proposed by the National Plug-in
Electric Drive Vehicle Deployment Program, including technical
assistance, workforce training, and a targeted communities
program to facilitate the rapid deployment of plug-in vehicles.
We believe that such an effort will create models, and
facilitate the local leadership necessary for faster EV
adoption across the country, and would be a natural extension
of the activities being undertaken through our Office of Energy
Efficiency and Renewable Energy, Vehicle Technologies Program's
Outreach, Deployment & Analysis (VT/ODA) activities, such as
Clean Cities. The targeted deployment program would offer
communities of different sizes in various parts of the country
an opportunity to execute various deployment approaches and
develop best practices that can be shared nationwide to address
critical questions about planning and managing vehicle and
charging infrastructure deployment.
The Department appreciates that the community selection
criteria includes an emphasis on diversity of climate and type
of electric utility. Such diversity in pilot programs,
particularly across electricity-generation sources, will be
crucial for estimating the environmental impacts of expanded
adoption of plug-in electric drive vehicles.
We also agree with the Committee's decision to limit the
number of targeted deployment communities to no more than 15,
initially. Starting with a smaller number would allow us to
focus resources and build a team of experts that can support a
more widespread rollout through communication of best practices
and lessons learned to other cities nationwide. We are already
examining ways to work more closely with communities on vehicle
electrification and infrastructure deployment, particularly in
connection with our Clean Cities Program. The coalitions that
comprise the Clean Cities network bring together state and
local governments, early adopter fleets, local utilities,
infrastructure developers, and other key stakeholders in a
community to advance the deployment of alternative fuel
vehicles. These public private partnerships are proven and
effective resources for sharing information at the local level
and are primed to support the rollout of electric drive
vehicles and infrastructure. Through Clean Cities, we are
planning a workshop, now scheduled for July 22, to engage key
stakeholders in a discussion of critical issues such as codes,
standards, and permitting of electric charging infrastructure
and electric vehicle deployment best practices. Our goal is to
better understand how the Department can support local
community efforts to deploy EVs and infrastructure.
To maximize the effectiveness of the targeted communities
program, the Department would seek to coordinate this effort
with related ongoing projects to deploy electric drive vehicles
and infrastructure. Our Recovery Act projects for
transportation electrification are building critical expertise
through large-scale vehicle and infrastructure deployment,
collecting data on vehicle-grid interaction and producing
valuable lessons learned that can support and help to
accelerate future deployments in other communities. In
addition, we appreciate the thoroughness and detail of the
deployment community selection criteria as outlined in the
legislation, which would help to ensure the selected
communities stand up as models for deployment across the
country.
Regarding the specified 120 days for applicants to submit
proposals, we are concerned about asking communities to
complete a significant amount of groundwork and coordination
with multiple stakeholders prior to submitting their
applications--much more than they're used to accomplishing. We
believe 120 days may not provide enough time to complete that
important work effectively. We ask that the Committee consider
providing DOE the flexibility to establish the proposal
deadline following some research to better understand community
needs in this regard as long as we work within the specified
360-day timeframe for announcement of community selections.
The Department thanks the Committee for recognizing the
importance of workforce training to the successful deployment
and market penetration of electric drive vehicles, and
including a specific provision in the proposed national plug-in
program. The grant program for training first responders, code
inspection officials, dealers and mechanics, and electricians
responsible for charging point installation will complement and
supplement Recovery Act projects and ongoing VT/ODA activities
focused on these critical needs. Our recently-initiated
Recovery Act efforts will provide valuable lessons learned and
build a body of expertise to support implementation of the
workforce training provision in this bill.
We also believe that the technical assistance component of
the proposed national deployment program is vital to the
successful rollout of electric drive vehicles. The Department
is well positioned to disseminate information and provide
training and technical assistance to communities seeking to
accelerate EV deployment. As an example, and as noted earlier,
the Clean Cities network is primed to share best practices and
lessons learned about permitting and inspection processes, as
well as other local ordinances and opportunities for code
official and first responder training. I would like to note,
however, that the Department plays a supporting role in the
development of model codes and standards. In regard to this
provision, we can bring value to the process because of our
extensive experience working with code development
organizations (CDOs) and standards development organizations
(SDOs) to facilitate consensus around the development and
adoption of vehicle- and infrastructure-related codes and
standards. We are also working to enable the harmonization of
codes and standards at an international level.
The Promoting Electric Vehicles Act includes several other
significant provisions in addition to the National Plug-in
Electric Drive Deployment Program; I will briefly comment on
several of them here.
The bill authorizes a R&D program focused on
advanced batteries, electric drive components, and other
technologies supporting the manufacture and deployment of
electric drive vehicles and charging infrastructure. These
priorities are aligned closely with ongoing activities in the
Vehicle Technologies Program--specifically, our Batteries and
Electric Drive Technology subprogram, which includes advanced
battery R&D and advanced power electronics and electric
machines, as well as our Vehicle and Systems Simulation and
Testing subprogram, which includes work to examine vehicle and
infrastructure interface issues through testing and evaluation.
As for prizes, we support the concept of the
``Advanced Batteries for Tomorrow Prize.'' We also appreciate
the Committee's inclusion of criteria to address battery size
and cost as well as range. Understanding that the prize seeks
to push the envelope for state-of-the-art plug-in hybrid
battery technology, we would like to note that today's vehicles
do not require a 500-mile range and that based on input from
our industry partners, we expect a 300- to 400-mile range to
meet consumers' vehicle performance demands.
We also understand and appreciate the Committee's
interest in a technical advisory committee focused on plug-in
hybrid vehicles. We place great value in independent reviews
and external input to our program. You may be aware that the
National Academy of Sciences National Research Council conducts
independent biennial reviews of both our light-duty and heavy-
duty vehicle research programs. We would like to suggest to the
Committee that any new review functions be coordinated with
other ongoing and planned review activities.
To conclude, the Department of Energy thanks the Committee
for the opportunity to comment on this legislation and our
ongoing related Recovery Act activities. We look forward to
working with Congress to continue to implement these programs.
They will accelerate the deployment of electric drive vehicles
and infrastructure and help us achieve our national objectives
for reducing petroleum use and greenhouse gas pollution.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 3495, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
ENERGY POLICY ACT OF 1992
(Public Law 102-486, as amended)
AN ACT To provide for improved energy efficiency.
* * * * * * *
TITLE V--AVAILABILITY AND USE OF REPLACEMENT FUELS, ALTERNATIVE FUELS,
AND ALTERNATIVE FUELED PRIVATE VEHICLES
* * * * * * *
SEC. 507. FLEET REQUIREMENT PROGRAM.
* * * * * * *
(a) Fleet Program Purchase Goals.--(1) Except as provided
in paragraph (2), the following percentages of new light duty
motor vehicles acquired in each model year for a fleet, other
than a Federal fleet, State fleet, or fleet owned, operated,
leased, or otherwise controlled by a covered person subject to
section 501, shall be alternative fueled vehicles:
* * * * * * *
(g) Fleet Requirement Program.--(1) If the Secretary
determines under subsection (e) that a fleet requirement
program is necessary, the Secretary shall, by January 1, 2000,
by rule require that, except as provided in paragraph (2), of
the total number of new light duty motor vehicles acquired for
a fleet, other than a Federal fleet, State fleet, or fleet
owned, operated, leased, or otherwise controlled by a covered
person under section 501--
* * * * * * *
(4) A vehicle operating only on gasoline that complies with
applicable requirements of the Clean Air Act shall not be
considered an alternative fueled vehicle under subsection (b)
or this subsection, except that the Secretary, as part of the
rule under subsection (b) or this subsection, may determine
that such vehicle should be treated as an alternative fueled
vehicle for purposes of this section, for fleets subject to
part C of title II of the Clean Air Act, taking into
consideration the impact on energy security and the goals
stated in section 502(a).
(5) Priority.--The Secretary shall, to the maximum extent
practicable, prioritize the acquisition of plug-in electric
drive vehicles (as defined in section 131(a) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17011(a)) over
nonelectric alternative fueled vehicles.
* * * * * * *
UNITED STATES CODE
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
* * * * * * *
Sec. 166. HOV facilities
* * * * * * *
(b) Exceptions.--
* * * * * * *
(5) Low emission and energy-efficient vehicles.--
(A) Inherently low emission vehicle.--[Before
September 30, 2009, the State] The State agency
may allow vehicles that are certified as
inherently low-emission vehicles pursuant to
section 88.311-93 of title 40, Code of Federal
Regulations (or successor regulations), and are
labeled in accordance with section 88.312-93 of
such title (or successor regulations), to use
the HOV facility if the agency establishes
procedures for enforcing the restrictions on
the use of the facility by the vehicles.
(B) Other low emission and energy-efficient
vehicles.--[Before September 30, 2009, the
State] The State agency may allow vehicles
certified as low emission and energy-efficient
vehicles under subsection (e), and labeled in
accordance with subsection (e), to use the HOV
facility if the operators of the vehicles pay a
toll charged by the agency for use of the
facility and the agency--
* * * * * * *
TITLE 31--MONEY AND FINANCE
* * * * * * *
Subtitle II--The Budget Process
* * * * * * *
CHAPTER 11--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION
* * * * * * *
Sec. 1105. Budget contents and submission to Congress
(a) On or after the first Monday in January but not later
than the first Monday in February of each year, the President
shall submit a budget of the United States Government for the
following fiscal year. Each budget shall include a budget
message and summary and supporting information. The President
shall include in each budget the following:
(1) information on activities and functions of the
Government.
* * * * * * *
(34) with respect to the amount of appropriations
requested for use by the Export-Import Bank of the
United States, a separate statement of the amount
requested for its program budget, the amount requested
for its administrative expenses, and of the amount
requested for its administrative expenses, the amount
requested for technology expenses.
[(33)](35)(A)(i) a detailed, separate analysis, by
budget function, by agency, and by initiative area (as
determined by the administration) for the prior fiscal
year, the current fiscal year, the fiscal years for
which the budget is submitted, and the ensuing fiscal
year identifying the amounts of gross and net
appropriations or obligational authority and outlays
that contribute to homeland security, with separate
displays for mandatory and discretionary amounts,
including--
(I) summaries of the total amount of such
appropriations or new obligational authority
and outlays requested for homeland security;
* * * * * * *
[(35)](36) as supplementary materials, a separate
analysis of the budgetary effects for all prior fiscal
years, the current fiscal year, the fiscal year for
which the budget is submitted, and ensuing fiscal years
of the actions the Secretary of the Treasury has taken
or plans to take using any authority provided in the
Emergency Economic Stabilization Act of 2008,
including--
(A) an estimate of the current value of all
assets purchased, sold, and guaranteed under
the authority provided in the Emergency
Economic Stabilization Act of 2008 using
methodology required by the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.) and
section 5232 of Title 12;
* * * * * * *
[(36)](37) information on estimates of appropriations
for the fiscal year following the fiscal year for which
the budget is submitted for the following medical care
accounts of the Veterans Health Administration,
Department of Veterans Affairs account:
(A) Medical Services.
(B) Medical Support and Compliance.
(C) Medical Facilities.
(38) a separate statement for the 500-mile Battery
Fund established under section 8(h) of the ``Promoting
Electric Vehicles Act of 2010'', which shall include
the estimated amount of deposits into the Fund,
obligations, and outlays from the Fund.
* * * * * * *
PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978
(Public Law 95-617, as amended)
AN ACT To suspend until the close of June 30, 1980, the duty on certain
doxorubicin hydrochloride antibiotics.
* * * * * * *
TITLE I--RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES
* * * * * * *
Subtitle B--Standards for Electric Utilities
* * * * * * *
SEC. 111. CONSIDERATION AND DETERMINATION RESPECTING CERTAIN RATEMAKING
STANDARDS.
* * * * * * *
(d) Establishment.--The following Federal standards are
hereby established:
(1) Cost of service.--Rates charged by any electric
utility for providing electric service to each class of
electric consumers shall be designed, to the maximum
extent practicable, to reflect the cost of providing
electric service to such class, as determined under
section 115(a).
* * * * * * *
(19) Smart grid information.--
(A) Standard.--All electricity purchasers
shall be provided direct access, in written or
electronic machine-readable form as
appropriate, to information from their
electricity provider as provided in
subparagraph (B).
* * * * * * *
(20) Plug-in electric drive vehicle planning.--
(A) Utility plan for plug-in electric drive
vehicles.--
(i) In general.--Not later than 2
years after the date of enactment of
this paragraph, each electric utility
shall develop a plan to support the use
of plug-in electric drive vehicles,
including medium and heavy-duty hybrid
electric vehicles in the service area
of the electric utility.
(ii) Requirements.--A plan under
clause (i) shall investigate--
(I) various levels of
potential penetration of plug-
in electric drive vehicles in
the utility service area;
(II) the potential impacts
that the various levels of
penetration and charging
scenarios (including charging
rates and daily hours of
charging) would have on
generation, distribution
infrastructure, and the
operation of the transmission
grid; and
(III) the role of third
parties in providing reliable
and economical charging
services.
(iii) Waiver.--
(I) In general.--An electric
utility that determines that
the electric utility will not
be impacted by plug-in electric
drive vehicles during the 5-
year period beginning on the
date of enactment of this
paragraph may petition the
Secretary to waive clause (i)
for 5 years.
(II) Approval.--Approval of a
waiver under subclause (I)
shall be in the sole discretion
of the Secretary.
(iv) Updates.--
(I) In general.--Each
electric utility shall update
the plan of the electric
utility every 5 years.
(II) Resubmission of
waiver.--An electric utility
that received a waiver under
clause (iii) and wants the
waiver to continue after the
expiration of the waiver shall
be required to resubmit the
waiver.
(v) Exemption.--If the Secretary
determines that a plan required by a
State regulatory authority meets the
requirements of this paragraph, the
Secretary may accept that plan and
exempt the electric utility submitting
the plan from the requirements of
clause (i).
(B) Support requirements.--Each State
regulatory authority (in the case of each
electric utility for which the authority has
rate making authority) and each municipal and
cooperative utility shall--
(i) participate in any local plan for
the deployment of recharging
infrastructure in communities located
in the foot print of the authority or
utility;
(ii) require that charging
infrastructure deployed is
interoperable with products of all auto
manufacturers to the maximum extent
practicable; and
(iii) consider adopting minimum
requirements for deployment of
electrical charging infrastructure and
other appropriate requirements
necessary to support the use of plug-in
electric drive vehicles.
(C) Cost recovery.--Each State regulatory
authority (in the case of each electric utility
for which the authority has ratemaking
authority) and each municipal and cooperative
utility may consider whether, and to what
extent, to allow cost recovery for plans and
implementation of plans.
(D) Determination.--Not later than 3 years
after the date of enactment of this paragraph,
each State regulatory authority (with respect
to each electric utility for which the
authority has ratemaking authority), and each
municipal and cooperative electric utility,
shall complete the consideration, and shall
make the determination, referred to in
subsection (a) with respect to the standard
established by this paragraph.
* * * * * * *
SEC. 112. OBLIGATIONS TO CONSIDER AND DETERMINE.
(a) Request for Consideration and Determination.--Each
State regulatory authority (with respect to each electric
utility for which it has ratemaking authority) and each
nonregulated electric utility may undertake the consideration
and make the determination referred to in section 111 with
respect to any standard established by section 111(d) in any
proceeding respecting the rates of the electric utility. Any
participant or intervenor (including an intervenor referred to
in section 121) in such a proceeding may request, and shall
obtain, such consideration and determination in such
proceeding. In undertaking such consideration and making such
determination in any such proceeding with respect to the
application to any electric utility of any standard established
by section 111(d), a State regulatory authority (with respect
to an electric utility for which it has ratemaking authority)
or nonregulated electric utility may take into account in such
proceeding--
* * * * * * *
(c) Failure To Comply.--[Each State] (1) In general.--Each
State regulatory authority (with respect to each electric
utility for which it has ratemaking authority) and each
nonregulated electric utility shall undertake the
consideration, and make the determination, referred to in
section 111 with respect to each standard established by
section 111(d) in the first rate proceeding commenced after the
date three years after the date of enactment of this Act
respecting the rates of such utility if such State regulatory
authority or nonregulated electric utility has not, before such
date, complied with subsection (b)(2) with respect to such
standard. [In the case]
(2) Specific standards._(A) Net metering and fossil fuel
generation efficiency.--In the case of each standard
established by paragraphs (11) through (13) of section 111(d),
the reference contained in this subsection to the date of
enactment of this Act shall be deemed to be a reference to the
date of enactment of such paragraphs (11) through (13). [In the
case]
(B) Time-based metering and communications.--In the case of
the standard established by paragraph (14) of section 111(d),
the reference contained in this subsection to the date of
enactment of this Act shall be deemed to be a reference to the
date of enactment of such paragraph (14). [In the case]
(C) Interconnection--In the case of the standard
established by [paragraph (15)] paragraph (15) of section
111(d), the reference contained in this subsection to the date
of enactment of this Act shall be deemed to be a reference to
the date of enactment of paragraph (15). [In the case]
(D) Integrated resource planning, rate design
modifications, smart grid investments, smart grid
information.--In the case of the standards established by
paragraphs (16) through (19) of section 111(d), the reference
contained in this subsection to the date of enactment of this
Act shall be deemed to be a reference to the date of enactment
of such paragraphs.
(E) Plug-in electric drive vehicle planning.--In the case
of the standards established by paragraph (20) of section
111(d), the reference contained in this subsection to the date
of enactment of this Act shall be deemed to be a reference to
the date of enactment of that paragraph.
(d) Prior State Actions.--Subsections (b) and (c) of this
section shall not apply to the standards established by
paragraphs (11) through (13) and paragraphs (16) through [(19)]
(20) of section 111(d) in the case of any electric utility in a
State if, before the enactment of this subsection--
* * * * * * *
ENERGY POLICY ACT OF 2005
(Public Law 109-58, as amended)
AN ACT To ensure jobs for our future with security, affordable, and
reliable energy.
* * * * * * *
TITLE XVII--INCENTIVES FOR INNOVATIVE TECHNOLOGIES
* * * * * * *
SEC. 1705. TEMPORARY PROGRAM FOR RAPID DEPLOYMENT OF RENEWABLE ENERGY
AND ELECTRIC POWER TRANSMISSION PROJECTS.
(a) In General.--Notwithstanding section 1703, the
Secretary may make guarantees under this section only for the
following categories of projects that commence construction not
later than September 30, 2011:
(1) Renewable energy systems, including incremental
hydropower, that generate electricity or thermal
energy, and facilities that manufacture related
components.
(2) Electric power transmission systems, including
upgrading and reconductoring projects.
(3) Leading edge biofuel projects that will use
technologies performing at the pilot or demonstration
scale that the Secretary determines are likely to
become commercial technologies and will produce
transportation fuels that substantially reduce life-
cycle greenhouse gas emissions compared to other
transportation fuels.
(4) Charging infrastructure and networks of charging
infrastructure for plug-in drive electric vehicles, if
the charging infrastructure will be operational prior
to December 31, 2016.
* * * * * * *
ENERGY INDEPENDENCE AND SECURITY ACT OF 2007
(Public Law 110-140, as amended)
AN ACT To move the United States toward greater energy independence and
security, to increase the production of clean renewable fuels, to
protect consumers, to increase the efficiency of products, buildings,
and vehicles, to promote research on and deploy greenhouse gas capture
and storage options, and to improve the energy performance of the
Federal Government, and for other purposes.
* * * * * * *
TITLE I--ENERGY SECURITY THROUGH IMPROVED VEHICLE FUEL ECONOMY
Subtitle B--Improved Vehicle Technology
SEC. 131. TRANSPORTATION ELECTRIFICATION.
* * * * * * *
SEC. 137. LOAN GUARANTEES FOR ADVANCED BATTERY PURCHASES.
(a) Definitions.--In this section:
(1) Qualified automotive battery.--The term
``qualified automotive battery'' means a battery that--
(A) has at least 4 kilowatt hours of battery
capacity; and
(B) is designed for use in qualified plug in
electric drive motor vehicles but is purchased
for nonautomotive applications.
(2) Eligible entity.--The term ``eligible entity''
means--
(A) an original equipment manufacturer;
(B) an electric utility;
(C) any provider of range extension
infrastructure; or
(D) any other qualified entity, as determined
by the Secretary.
(b) Loan Guarantees.--
(1) In general.--The Secretary shall guarantee loans
made to eligible entities for the aggregate purchase of
not less than 200 qualified automotive batteries in a
calendar year that have a total minimum power rating of
1 megawatt and use advanced battery technology.
(2) Restriction.--As a condition of receiving a loan
guarantee under this section, an entity purchasing
qualified automotive batteries with loan funds
guaranteed under this section shall comply with the
provisions of the Buy American Act (41 U.S.C. 10a et
seq.).
(c) Regulations.--The Secretary shall promulgate such
regulations as are necessary to carry out this section.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000.
* * * * * * *