HR 1685 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 1685CommentsClose CommentsPermalink

To establish programs to accelerate, provide incentives for, and examine the challenges and opportunities associated with the deployment of electric drive vehicles, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

May 3, 2011CommentsClose CommentsPermalink

Mrs. BIGGERT (for herself, Mr. MARKEY, Mr. MCNERNEY, and Ms. ESHOO) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Oversight and Government Reform, Ways and Means, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To establish programs to accelerate, provide incentives for, and examine the challenges and opportunities associated with the deployment of electric drive vehicles, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Electric Drive Vehicle Deployment Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink





(2) DEPLOYMENT COMMUNITY- The term ‘deployment community’ means an area selected by the Secretary under the program established under section 3(a). Such term may include 1 or more municipalities, transportation corridors that connect municipalities, or other geographic areas that the Secretary determines appropriate.CommentsClose CommentsPermalink





(3) ELECTRIC DRIVE VEHICLE- The term ‘electric drive vehicle’ means a vehicle that--CommentsClose CommentsPermalink





(A)(i) is--CommentsClose CommentsPermalink





(I) a light-duty vehicle (as that term is defined in section 86.1803-01 of title 40, Code of Federal Regulations, as in effect as of the date of enactment of this Act) that draws motive power from a battery with a capacity of at least 4 kilowatt-hours;CommentsClose CommentsPermalink





(II) a heavy-duty vehicle (as that term is defined in section 86.1803-01 of title 40, Code of Federal Regulations, as in effect as of the date of enactment of this Act) with a gross vehicle weight rating greater than 8,500 pounds and less than 14,000 pounds that draws motive power from a battery with a capacity of at least 10 kilowatt-hours;CommentsClose CommentsPermalink





(III) a heavy-duty vehicle (as that term is defined in section 86.1803-01 of title 40, Code of Federal Regulations, as in effect as of the date of enactment of this Act) with a gross vehicle weight rating greater than 14,000 pounds but less than 33,000 pounds that draws motive power from a battery with a capacity of at least 15 kilowatt-hours; orCommentsClose CommentsPermalink





(IV) a heavy-duty vehicle (as that term is defined in section 86.1803-01 of title 40, Code of Federal Regulations, as in effect as of the date of enactment of this Act) with a gross vehicle weight rating greater than 33,000 pounds that draws motive power from a battery with a capacity of at least 20 kilowatt-hours; andCommentsClose CommentsPermalink





(ii) can be recharged from an external source of electricity for motive power; orCommentsClose CommentsPermalink





(B) is a motor vehicle (as that term is defined in section 216 of the Clean Air Act (42 U.S.C. 7550)) that draws its motive power from a fuel cell (as defined in section 803 of the Spark M. Matsunaga Hydrogen Act of 2005 (42 U.S.C. 16152)).CommentsClose CommentsPermalink





(4) ELECTRIC UTILITY- The term ‘electric utility’ has the meaning given such term in section 3(4) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602(3)).CommentsClose CommentsPermalink





(5) GROSS VEHICLE WEIGHT RATING- The term ‘gross vehicle weight rating’ has the meaning given such term in section 216(7) of the Clean Air Act (42 U.S.C. 7550(7)).CommentsClose CommentsPermalink





(6) MUNICIPALITY- The term ‘municipality’ has the meaning given such term in section 302(f) of the Clean Air Act (42 U.S.C. 7602(f)).CommentsClose CommentsPermalink





(7) QUALIFIED ELECTRIC DRIVE VEHICLE COMPONENTS- The term ‘qualified electric drive vehicle components’ means components the Secretary determines are uniquely needed to produce electric drive vehicles.CommentsClose CommentsPermalink





(8) QUALIFIED ELECTRIC DRIVE VEHICLE INFRASTRUCTURE- The term ‘qualified electric drive vehicle infrastructure’ means equipment and services that--CommentsClose CommentsPermalink





(A) support the electric refueling needs of electric drive vehicles and may be located in public or private locations, including street parking, parking garages, parking lots, homes, gas stations, and highway rest stops; andCommentsClose CommentsPermalink





(B) serve smart grid functions, as defined in section 1306(d) the Energy Independence and Security Act of 2007 (42 U.S.C. 17386), that will optimize the integration of electric drive vehicles into the electric grid.CommentsClose CommentsPermalink





(9) SECRETARY- The term ‘Secretary’ means the Secretary of Energy.CommentsClose CommentsPermalink

SEC. 3. TARGETED ELECTRIC DRIVE VEHICLES DEPLOYMENT COMMUNITIES PROGRAM.

(a) In General-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- The Secretary shall establish a competitive program to provide financial assistance to be used as described under subsection (d), consistent with the goals under subsection (b), for purposes of deploying electric drive vehicles in deployment communities.CommentsClose CommentsPermalink





(2) PHASE 1- The Secretary shall, not later than 12 months after the date of enactment of this Act, based upon applications for financial assistance received pursuant to subsection (c), select 10 deployment communities for the first phase of the program established under paragraph (1).CommentsClose CommentsPermalink





(b) Goals- The goals of the program established under subsection (a)(1) shall be--CommentsClose CommentsPermalink





(1) to facilitate the rapid near-term deployment of electric drive vehicles in deployment communities;CommentsClose CommentsPermalink





(2) to demonstrate the viability of a vehicle-based transportation system that reduces dependence on petroleum-based fuel and contributes to reducing emissions of carbon dioxide;CommentsClose CommentsPermalink





(3) to facilitate the integration of advanced vehicle technologies into deployment communities while optimizing electric grid system performance and reliability;CommentsClose CommentsPermalink





(4) to demonstrate the potential--CommentsClose CommentsPermalink





(A) benefits of coordinated investments in vehicle electrification and infrastructure on personal mobility; andCommentsClose CommentsPermalink





(B) reduction of emissions of greenhouse gases and criteria air pollutants from vehicle electrification and infrastructure;CommentsClose CommentsPermalink





(5) to demonstrate protocols and standards that facilitate vehicle integration into the electric grid, including demonstration of the use of qualified electric drive vehicle infrastructure;CommentsClose CommentsPermalink





(6) to increase understanding of the primary regional differences and varying regulatory environments that impact electric drive vehicle market penetration and establish best practices for addressing deployment barriers to electric drive vehicles; andCommentsClose CommentsPermalink





(7) to increase understanding of consumers’ vehicle charging and other electric drive vehicle infrastructure needs and establish best practices to meet such needs.CommentsClose CommentsPermalink





(c) Applications- Any State, Indian tribe, or local government (or group of State, Indian tribe, or local governments) may apply to the Secretary for financial assistance to be used as described in subsection (d) in deployment communities. Such applications may be jointly sponsored by electric utilities, automobile manufacturers, technology providers, car sharing companies or organizations, third-party electric drive vehicle service providers, or other persons or entities.CommentsClose CommentsPermalink





(d) Use of Funds- Pursuant to applications received under subsection (c), the Secretary may make financial assistance under the program established under subsection (a) available to any applicant or joint sponsor of the application to be used for any of the following:CommentsClose CommentsPermalink





(1) Assisting persons located in the deployment community, consistent with subsections (g) and (h).CommentsClose CommentsPermalink





(2) Supporting the use of electric drive vehicles by funding projects for any of the following:CommentsClose CommentsPermalink





(A) Planning and deployment of qualified electric drive vehicle infrastructure.CommentsClose CommentsPermalink





(B) Updating building codes, inspections related to the installation of electric drive vehicle charging infrastructure, and updating zoning for such infrastructure.CommentsClose CommentsPermalink





(C) Converting government fleets to electric drive vehicles.CommentsClose CommentsPermalink





(e) Program Requirements- The Secretary, in consultation with the Administrator and the Secretary of Transportation, shall, not later than 6 months after the date of enactment of this Act, determine the requirements for the program established under subsection (a), including the following:CommentsClose CommentsPermalink





(1) Criteria for evaluating applications submitted under subsection (c), consistent with subsection (f), including the anticipated ability of applicants to promote deployment and market penetration of electric drive vehicles.CommentsClose CommentsPermalink





(2) Data regarding deployment communities, and the electric drive vehicles and qualified electric drive vehicle infrastructure in such deployment communities, required for collection, analysis, and evaluation of the challenges and opportunities associated with the widespread deployment of electric drive vehicles.CommentsClose CommentsPermalink





(3) Metrics of success for deployment communities.CommentsClose CommentsPermalink





(4) Reporting requirements for entities that receive financial assistance under this section, including a comprehensive set of performance data characterizing the results of the program in the deployment community.CommentsClose CommentsPermalink





(f) Criteria for Evaluating Applications- The Secretary shall require that applications under subsection (c) include the following:CommentsClose CommentsPermalink





(1) A plan to promote, market, and support the deployment of electric drive vehicles in a deployment community, through the deployment of consumer vehicles, and, as appropriate, private or public fleets.CommentsClose CommentsPermalink





(2) The role of each stakeholder participating in the deployment of electric drive vehicles in the deployment community, and an indication of how the financial assistance applied for will be used in the deployment community.CommentsClose CommentsPermalink





(3) The number of electric drive vehicles projected to be deployed in the deployment community during the first phase of the program established under subsection (a).CommentsClose CommentsPermalink





(4) A strategy for developing program participation among residents of the deployment community and a plan that demonstrates high likelihood that the deployment community will procure and deploy the projected number of electric drive vehicles.CommentsClose CommentsPermalink





(5) A deployment and financing plan for publicly available electric drive vehicle charging infrastructure that includes a policy on cost sharing, methodology for determining the number and placement of such infrastructure, and ensures use of open, nonproprietary standards that maximize interoperability with Smart Grid technologies.CommentsClose CommentsPermalink





(6) Verification that building codes within the proposed deployment community appropriately accommodate electric drive vehicle charging infrastructure for new construction and major upgrades or evidence of a clear plan to update such codes before or during the period of financial assistance.CommentsClose CommentsPermalink





(7) Verification that zoning, parking rules, or other local ordinances have been updated or will be updated as necessary to facilitate the installation of publicly available electric drive vehicle charging infrastructure, where appropriate.CommentsClose CommentsPermalink





(8) Mechanisms to increase individual consumer benefits consistent with subsection (h).CommentsClose CommentsPermalink





(9) A description of the extent to which electric utilities in the deployment community have or plan to update policies--CommentsClose CommentsPermalink





(A) that--CommentsClose CommentsPermalink





(i) reflect rate structures that benefit consumers who charge electric drive vehicles off-peak; orCommentsClose CommentsPermalink





(ii) with respect to any deployment community with a competitive retail regulatory regime, will make electric drive vehicle charging services available to consumers;CommentsClose CommentsPermalink





(B) that take into account potential impacts to the local electric distribution system or the electric grid from the incremental electric energy used to charge electric drive vehicles;CommentsClose CommentsPermalink





(C) that utilize information technologies to minimize effects of charging electric drive vehicles on the local electric distribution system or electric grid;CommentsClose CommentsPermalink





(D) that relate to Smart Grid technologies for electric drive vehicle charging purposes, including those that allow 2-way communication of electric energy movement (to prepare for vehicle-to-grid applications); andCommentsClose CommentsPermalink





(E) that encourage electric energy conservation and reduction in peak demand by making consumer electric energy or charging service price and usage information available to consumers.CommentsClose CommentsPermalink





(g) Priority- The Secretary shall give preference to applications for financial assistance under subsection (c) that--CommentsClose CommentsPermalink





(1) are jointly sponsored by entities that share interest in the deployment of electric drive vehicles;CommentsClose CommentsPermalink





(2) project the greatest reduction in dependency on petroleum as fuel and carbon dioxide emissions, in proportion to the amount of petroleum used as fuel and carbon dioxide emitted by the proposed deployment community;CommentsClose CommentsPermalink





(3) for at least 1 deployment community, include a demonstration of the deployment of heavy-duty electric drive vehicles;CommentsClose CommentsPermalink





(4) include a plan to provide additional State, Indian tribe, local governmental, or private incentives for the deployment of electric drive vehicles;CommentsClose CommentsPermalink





(5) best demonstrate the ability of the deployment community to deploy the targeted number of electric drive vehicles;CommentsClose CommentsPermalink





(6) are most likely to yield information that informs and assists with the large-scale deployment of electric drive vehicles in different regions and regulatory regimes of the United States, including, as appropriate, information regarding the utilization of emerging technologies or practices; andCommentsClose CommentsPermalink





(7) are submitted for deployment communities that are located in proximity to other areas to which electric drive vehicle deployment could be expanded.CommentsClose CommentsPermalink





(h) Consumer Benefits- As part of the amounts authorized under subsection (k), the Secretary shall ensure that each recipient of financial assistance for a deployment community provides a minimum of $2,000 in benefits to each of the first 50,000 consumers who reside in the deployment community who purchase electric drive vehicles. Such benefits may not be used to offset the costs of any other benefit in effect in the deployment community as of the date of enactment of this Act, and may include--CommentsClose CommentsPermalink





(1) rebates of portions of the costs of purchasing electric drive vehicles;CommentsClose CommentsPermalink





(2) rebates of portions of the costs of permitting, purchasing, or installing home electric drive vehicle charging stations;CommentsClose CommentsPermalink





(3) rebates of State or local sales taxes for purchasing electric drive vehicles;CommentsClose CommentsPermalink





(4) rebates of the incremental electric energy costs associated with charging electric drive vehicles;CommentsClose CommentsPermalink





(5) rebates of the costs of State or local toll road access charges;CommentsClose CommentsPermalink





(6) rebates of the costs of parking electric drive vehicles; andCommentsClose CommentsPermalink





(7) any other benefit that the Secretary determines is appropriate and likely to incentivize the purchase of electric drive vehicles.CommentsClose CommentsPermalink





(i) Information Clearinghouse- The Secretary shall, as part of the program established pursuant to subsection (a)(1), collect and, as promptly as practicable, make available to the public information regarding the cost, performance, and other technical data regarding the deployment and integration of electric drive vehicles.CommentsClose CommentsPermalink





(j) Reports-CommentsClose CommentsPermalink





(1) PHASE 1 UPDATE AND PHASE 2 PLAN- Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to Congress a report--CommentsClose CommentsPermalink





(A) describing the status of the deployment communities for which financial assistance is provided under the program established under subsection (a)(1);CommentsClose CommentsPermalink





(B) describing, analyzing, and evaluating the data collected under the first phase of the program established under subsection (a)(1);CommentsClose CommentsPermalink





(C) assessing the first phase of the program established under subsection (a)(1); andCommentsClose CommentsPermalink





(D) describing a plan for the second phase of the program established under subsection (a)(1), including--CommentsClose CommentsPermalink





(i) how many additional deployment communities should be selected for further deployment activities and incentives;CommentsClose CommentsPermalink





(ii) how criteria for selection of deployment communities should be updated;CommentsClose CommentsPermalink





(iii) how incentive structures for the deployment of electric drive vehicles should be changed; andCommentsClose CommentsPermalink





(iv) a request for funding to implement such second phase.CommentsClose CommentsPermalink





(2) PHASE 1 RESULTS- Not later than 6 years after the date of enactment of this Act, the Secretary shall submit to Congress a report assessing the first phase of the program established under subsection (a)(1).CommentsClose CommentsPermalink





(k) Authorization- There are authorized to be appropriated to carry out this section $300,000,000 for each recipient of financial assistance for a deployment community, to be expended within 5 years of the date of the receipt of funds.CommentsClose CommentsPermalink

SEC. 4. TECHNICAL ASSISTANCE.

(a) In General- The Secretary shall establish a competitive program to provide financial assistance to municipalities that have not been selected to receive financial assistance under the program established under section 3(a)(1) for purposes of assisting with the deployment of electric drive vehicles, including the evaluation of the feasibility of large-scale deployment of electric drive vehicles and the installation of publicly available electric drive vehicle charging infrastructure in the municipality.CommentsClose CommentsPermalink





(b) Authorization- There are authorized to be appropriated to carry out this section $120,000,000 for each of the 5 fiscal years after the date of enactment of this Act, to provide up to $10,000,000 for each recipient of financial assistance for a municipality to be expended within 2 years of the date of the receipt of funds.CommentsClose CommentsPermalink

SEC. 5. MODIFICATION OF CREDIT FOR ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY FOR VEHICLES POWERED BY ELECTRICITY.

(a) Special Rules for Property Placed in Service Before January 1, 2017- Subsection (e) of section 30C of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(7) PROPERTY FOR RECHARGING VEHICLES POWERED BY ELECTRICITY- In the case of property placed in service after December 31, 2011, and before January 1, 2017, which relates to electricity--CommentsClose CommentsPermalink





‘(A) subsection (a) shall be applied by substituting ‘50 percent’ for ‘30 percent’,CommentsClose CommentsPermalink





‘(B) subsection (b)(1) shall be applied by substituting ‘$50,000’ for ‘$30,000’, andCommentsClose CommentsPermalink





‘(C) subsection (b)(2) shall be applied by substituting ‘$2,000’ for ‘$1,000’.’.CommentsClose CommentsPermalink





(b) Installation Costs- Subsection (e) of section 30C of such Code, as amended by subsection (a), is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(8) INSTALLATION COSTS- The cost of any qualified alternative fuel vehicle refueling property which relates to electricity shall include the cost of the original installation of such property.’.CommentsClose CommentsPermalink





(c) Termination of Credit- Subsection (g) of section 30C of such Code is amended by striking ‘and’ at the end of paragraph (1), by redesignating paragraph (2) as paragraph (3), and by inserting after paragraph (1) the following new paragraph:CommentsClose CommentsPermalink





‘(2) in the case of property relating to electricity, after December 31, 2014, and’.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by this section shall apply to property placed in service after December 31, 2011.CommentsClose CommentsPermalink

SEC. 6. ELECTRIC VEHICLE REFUELING PROPERTY TAX CREDIT BONDS.

(a) In General- Paragraph (1) of section 54A(d) of the Internal Revenue Code of 1986 is amended by striking ‘or’ at the end of subparagraph (D), by inserting ‘or’ at the end of subparagraph (E), and by inserting after subparagraph (E) the following new subparagraph:CommentsClose CommentsPermalink





‘(F) a qualified electric vehicle refueling property bond,’.CommentsClose CommentsPermalink





(b) Qualified Purpose- Subparagraph (C) of section 54A(d)(2) of the Internal Revenue Code of 1986 is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of clause (iv),CommentsClose CommentsPermalink





(2) by striking the period at the end of clause (v) and inserting ‘, and’, andCommentsClose CommentsPermalink





(3) by adding at the end the following new clause:CommentsClose CommentsPermalink





‘(vi) in the case of a qualified electric vehicle refueling property bond, a purpose specified in section 54G(a)(1).’.CommentsClose CommentsPermalink





(c) Bonds Allowed- Subpart I of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘SEC. 54G. QUALIFIED ELECTRIC VEHICLE REFUELING PROPERTY BONDS.

‘(a) Qualified Electric Vehicle Refueling Property Bond- For purposes of this subpart, the term ‘qualified electric vehicle refueling property bond’ means any bond issued as part of an issue if--CommentsClose CommentsPermalink





‘(1) 100 percent of the available project proceeds of such issue are to be used for capital expenditures incurred by a qualified issuer for 1 or more qualified electric vehicle refueling properties,CommentsClose CommentsPermalink





‘(2) the bond is issued by a qualified issuer, andCommentsClose CommentsPermalink





‘(3) the issuer designates such bond for purposes of this section.CommentsClose CommentsPermalink





‘(b) Reduced Credit Amount- Notwithstanding paragraph (2) of section 54A(b), the annual credit determined with respect to any qualified electric vehicle refueling property bond is 70 percent of the amount which would (but for this subsection) otherwise be determined under such paragraph with respect to such bond.CommentsClose CommentsPermalink





‘(c) Limitation on Amount of Bonds Designated- The maximum aggregate face amount of bonds which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated to such issuer under subsection (e).CommentsClose CommentsPermalink





‘(d) National Limitation on Amount of Bonds Designated- There is a national qualified electric vehicle refueling property bond limitation of $100,000,000.CommentsClose CommentsPermalink





‘(e) Allocations- The Secretary shall make allocations of the amount of the national qualified electric vehicle refueling property bond limitation described in subsection (d) among purposes described in subsection (a)(1) in such manner as the Secretary determines appropriate.CommentsClose CommentsPermalink





‘(f) Definitions- For purposes of this section--CommentsClose CommentsPermalink





‘(1) QUALIFIED ELECTRIC VEHICLE REFUELING PROPERTY- The term ‘qualified electric vehicle refueling property’ means any qualified alternative fuel vehicle refueling property (within the meaning of section 30C) which relates to electricity.CommentsClose CommentsPermalink





‘(2) QUALIFIED ISSUER-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘qualified issuer’ means a public power provider, a cooperative electric company, or a governmental body.CommentsClose CommentsPermalink





‘(B) GOVERNMENTAL BODY- The term ‘governmental body’ means any State or Indian tribal government, or any political subdivision thereof.CommentsClose CommentsPermalink





‘(C) PUBLIC POWER PROVIDER- The term ‘public power provider’ means a State utility that has a service obligation to end-users or to a distribution utility (within the meaning of section 217 of the Federal Power Act, as in effect on the date of the enactment of this section).CommentsClose CommentsPermalink





‘(D) COOPERATIVE ELECTRIC COMPANY- The term ‘cooperative electric company’ means a mutual or cooperative electric company described in section 501(c)(12) or an organization described in section 1381(a)(2)(C).’.CommentsClose CommentsPermalink





(d) Clerical Amendment- The table of sections for subpart I of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘Sec. 54G. Qualified electric vehicle refueling property bonds.’.CommentsClose CommentsPermalink





(e) Effective Date- The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 7. ELECTRIC DRIVE VEHICLE INFRASTRUCTURE PLANNING.

(a) Amendment of PURPA- Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(20) ELECTRIC DRIVE VEHICLE INFRASTRUCTURE-CommentsClose CommentsPermalink





‘(A) UTILITY PLAN FOR INFRASTRUCTURE- Each electric utility shall develop a plan to support the use of electric drive vehicles, including heavy-duty electric drive vehicles. Each such plan shall provide for the deployment of the charging infrastructure or other infrastructure necessary to adequately support the use of electric drive vehicles, and shall provide for, as appropriate, the support needed to enable the competitive installation, operation, or provision of electric drive vehicle charging services. The plan may provide for deployment of electric drive vehicle charging stations in public or private locations, including street parking, parking garages, parking lots, homes, gas stations, and highway rest stops. Any such plan may also include--CommentsClose CommentsPermalink





‘(i) rapid charging infrastructure, including fast charging and battery exchange, and other services;CommentsClose CommentsPermalink





‘(ii) triggers for charging infrastructure deployment based upon market penetration of electric drive vehicles;CommentsClose CommentsPermalink





‘(iii) distribution system upgrades to accommodate requirements of electric drive vehicle charging; andCommentsClose CommentsPermalink





‘(iv) such other elements as the State regulatory authority (in the case of each electric utility for which is has ratemaking authority) or utility (in the case of a nonregulated utility) determines necessary to support electric drive vehicles.CommentsClose CommentsPermalink





‘(B) SUPPORT REQUIREMENTS- Each State regulatory authority (in the case of each electric utility for which it has ratemaking authority) and each utility (in the case of a nonregulated utility) shall--CommentsClose CommentsPermalink





‘(i) require that electric drive vehicle charging infrastructure deployed complies with any applicable Federal standard and is interoperable with the applicable products of all auto manufacturers, to the extent possible;CommentsClose CommentsPermalink





‘(ii) consider adopting minimum requirements for deployment of electric drive vehicle charging infrastructure and other appropriate requirements necessary to support the use of electric drive vehicles; andCommentsClose CommentsPermalink





‘(iii) assess the system benefits of widespread deployment of electric drive vehicles associated with predominantly off-peak electric drive vehicle charging.CommentsClose CommentsPermalink





‘(C) COST RECOVERY- Each State regulatory authority (in the case of each electric utility for which it has ratemaking authority) and each utility (in the case of a nonregulated utility) shall consider whether, and to what extent, to allow cost recovery for plans under subparagraph (A) and implementation of such plans.CommentsClose CommentsPermalink





‘(D) SMART GRID INTEGRATION- Each State regulatory authority (in the case of each electric utility for which it has ratemaking authority) and each utility (in the case of a nonregulated utility) shall, in accordance with actions taken by the Commission pursuant to section 1305(d) of the Energy Independence and Security Act of 2007--CommentsClose CommentsPermalink





‘(i) establish any appropriate protocols and standards for integrating electric drive vehicles into an electric distribution system, including smart grid systems and devices as described in title XIII of the Energy Independence and Security Act of 2007;CommentsClose CommentsPermalink





‘(ii) provide for, to the extent feasible, the ability for each electric drive vehicle to be identified individually and to be associated with its owner’s electric utility account, regardless of the location that the vehicle is plugged in, for purposes of appropriate billing for any electric energy required to charge the vehicle’s batteries as well as any crediting for electric energy provided to the electric utility from the vehicle’s batteries; andCommentsClose CommentsPermalink





‘(iii) review the determination made in response to paragraph (14) of this subsection in light of this paragraph, including whether time-of-use pricing should be employed to enable the use of electric drive vehicles to contribute to meeting peak-load and ancillary service power needs.CommentsClose CommentsPermalink





‘(E) DEFINITION OF ELECTRIC DRIVE VEHICLE- For purposes of this paragraph, the term ‘electric drive vehicle’ has the meaning given such term in section 2(3) of the Electric Drive Vehicle Deployment Act of 2011.’.CommentsClose CommentsPermalink





(b) Compliance-CommentsClose CommentsPermalink





(1) TIME LIMITATIONS- Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by adding the following at the end thereof:CommentsClose CommentsPermalink





‘(7)(A) 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 it has ratemaking authority) and each nonregulated utility shall commence the consideration referred to in section 111, or set a hearing date for consideration, with respect to the standards established by paragraph (20) of section 111(d).CommentsClose CommentsPermalink





‘(B) Not later than 4 years after the date of enactment of the this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 111 with respect to each standard established by paragraph (20) of section 111(d).’.CommentsClose CommentsPermalink





(2) FAILURE TO COMPLY- Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by adding the following at the end: ‘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 such paragraph.’.CommentsClose CommentsPermalink





(3) PRIOR STATE ACTIONS- Section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) is amended by striking ‘(19)’ and inserting ‘(20)’ before ‘of section 111(d)’.CommentsClose CommentsPermalink

SEC. 8. ELECTRIC DRIVE COMPONENT AND INFRASTRUCTURE MANUFACTURING LOAN PROGRAM.

(a) Direct Loan Program-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, and subject to the availability of appropriated funds, the Secretary shall carry out a program to provide a total of not more than $1,000,000,000 in loans to eligible individuals and entities (as determined by the Secretary and including qualified electric drive vehicle component suppliers and qualified electric drive vehicle infrastructure suppliers) for the costs of activities described in subsection (b). The loans shall be made through the Federal Financing Bank, with the full faith and credit of the United States Government on the principal and interest. The full credit subsidy shall be paid by the Secretary using appropriated funds.CommentsClose CommentsPermalink





(2) APPLICATION- An applicant for a loan under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a written assurance that--CommentsClose CommentsPermalink





(A) all laborers and mechanics employed by contractors or subcontractors during construction, alteration, or repair that is financed, in whole or in part, by a loan under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141 through 3144, 3146, and 3147 of title 40, United States Code; andCommentsClose CommentsPermalink





(B) the Secretary of Labor shall, with respect to the labor standards described in this paragraph, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, United States Code.CommentsClose CommentsPermalink





(3) SELECTION OF ELIGIBLE PROJECTS- The Secretary shall select eligible projects to receive loans under this subsection in cases in which, as determined by the Secretary, the loan recipient--CommentsClose CommentsPermalink





(A) is financially viable without the receipt of additional Federal funding associated with the proposed project;CommentsClose CommentsPermalink





(B) will provide sufficient information to the Secretary for the Secretary to ensure that the funds are expended efficiently and effectively; andCommentsClose CommentsPermalink





(C) has met such other criteria as may be established and published by the Secretary.CommentsClose CommentsPermalink





(4) RATES, TERMS, AND REPAYMENT OF LOANS- A loan provided under this subsection--CommentsClose CommentsPermalink





(A) shall have an interest rate that, as of the date on which the loan is made, is equal to the cost of funds to the Department of the Treasury for obligations of comparable maturity;CommentsClose CommentsPermalink





(B) shall have a term equal to the lesser of--CommentsClose CommentsPermalink





(i) the projected life, in years, of the eligible project to be carried out using funds from the loan, as determined by the Secretary; orCommentsClose CommentsPermalink





(ii) 25 years;CommentsClose CommentsPermalink





(C) may be subject to a deferral in repayment for not more than 5 years after the date on which the eligible project carried out using funds from the loan first begins operations, as determined by the Secretary; andCommentsClose CommentsPermalink





(D) shall be made by the Federal Financing Bank.CommentsClose CommentsPermalink





(b) Use of Funds- A loan provided under subsection (a) may be used by the loan recipient to pay the costs of--CommentsClose CommentsPermalink





(1) reequipping, expanding, or establishing a manufacturing facility in the United States to produce--CommentsClose CommentsPermalink





(A) qualified electric drive vehicle infrastructure; orCommentsClose CommentsPermalink





(B) qualified electric drive vehicle components; andCommentsClose CommentsPermalink





(2) engineering integration performed in the United States of qualified electric drive vehicle components.CommentsClose CommentsPermalink





(c) Fees- Administrative costs shall be no more than $100,000 or 10 basis points of the loan.CommentsClose CommentsPermalink





(d) Priority-CommentsClose CommentsPermalink





(1) CRITERIA- In selecting loan recipients from among eligible applicants, the Secretary shall give preference to proposals that--CommentsClose CommentsPermalink





(A) are most likely to be successful; andCommentsClose CommentsPermalink





(B) are located in local markets that have the greatest need for the manufacturing facility.CommentsClose CommentsPermalink





(2) EXISTING FACILITIES- The Secretary shall, in making loans to manufacturers that have existing facilities, give priority to those facilities that are oldest or have been in existence for at least 20 years. Such facilities may currently be sitting idle.CommentsClose CommentsPermalink





(e) Set Aside for Small Manufacturers and Component Suppliers-CommentsClose CommentsPermalink





(1) DEFINITION OF COVERED FIRM- In this subsection, the term ‘covered firm’ means a firm that--CommentsClose CommentsPermalink





(A) employs less than 500 individuals; andCommentsClose CommentsPermalink





(B) manufactures qualified electric drive vehicle infrastructure or qualified electric drive vehicle components.CommentsClose CommentsPermalink





(2) SET ASIDE- Of the amount of funds that are used to make loans for each fiscal year under subsection (a), the Secretary shall use not less than 25 percent to make loans to covered firms or consortia led by a covered firm.CommentsClose CommentsPermalink





(f) Appointment and Pay of Personnel-CommentsClose CommentsPermalink





(1) The Secretary may use direct hiring authority pursuant to section 3304(a)(3) of title 5, United States Code, to appoint such professional and administrative personnel as the Secretary determines necessary to the discharge of the Secretary’s functions under this section.CommentsClose CommentsPermalink





(2) The rate of pay for a person appointed pursuant to paragraph (1) shall not exceed the maximum rate payable for GS-15 of the General Schedule under chapter 53 of such title.CommentsClose CommentsPermalink





(g) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2012 through 2017.CommentsClose CommentsPermalink

SEC. 9. 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:CommentsClose CommentsPermalink

‘SEC. 137. LOAN GUARANTEES FOR ADVANCED BATTERY PURCHASES.

‘(a) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) QUALIFIED AUTOMOTIVE BATTERY- The term ‘qualified automotive battery’ means a battery that--CommentsClose CommentsPermalink





‘(A) has at least 5 kilowatt-hours of traction battery capacity; andCommentsClose CommentsPermalink





‘(B) is designed for use in electric drive vehicles but is purchased for nonautomotive and dual-purpose applications.CommentsClose CommentsPermalink





‘(2) ELIGIBLE ENTITY- The term ‘eligible entity’ means--CommentsClose CommentsPermalink





‘(A) an original equipment manufacturer;CommentsClose CommentsPermalink





‘(B) an electric utility;CommentsClose CommentsPermalink





‘(C) any provider of qualified electric drive vehicle infrastructure (as such term is defined in section 2(8) of the Electric Drive Vehicle Deployment Act of 2011); orCommentsClose CommentsPermalink





‘(D) any other qualified entity, as determined by the Secretary.CommentsClose CommentsPermalink





‘(b) Loan Guarantees- The Secretary shall establish a program to provide guarantees of loans made to eligible entities by private institutions for the purchase, by such an eligible entity, of at least 500 qualified automotive batteries in a calendar year that use advanced battery technology.CommentsClose CommentsPermalink





‘(c) Requirements- The Secretary may provide a loan guarantee under subsection (b) to an applicant if--CommentsClose CommentsPermalink





‘(1) without a loan guarantee, credit is not available to the applicant under reasonable terms or conditions sufficient to finance the purchase of qualified automotive batteries described in subsection (b);CommentsClose CommentsPermalink





‘(2) the prospective earning power of the applicant and the character and value of the security pledged provide a reasonable assurance of repayment of the loan to be guaranteed in accordance with the terms of the loan; andCommentsClose CommentsPermalink





‘(3) the loan bears interest at a rate determined by the Secretary to be reasonable, taking into account the current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of the loan.CommentsClose CommentsPermalink





‘(d) Maturity- A loan guaranteed under subsection (b) shall have a maturity of not more than 20 years.CommentsClose CommentsPermalink





‘(e) Terms and Conditions- The loan agreement for a loan guaranteed under subsection (b) shall provide that no provision of the loan agreement may be amended or waived without the consent of the Secretary.CommentsClose CommentsPermalink





‘(f) Assurance of Repayment- The Secretary shall require that an applicant for a loan guarantee under subsection (b) provide an assurance of repayment in the form of a performance bond, insurance, collateral, or other means acceptable to the Secretary in an amount equal to not less than 20 percent of the amount of the loan.CommentsClose CommentsPermalink





‘(g) Guarantee Fee- The recipient of a loan guarantee under subsection (b) shall pay the Secretary an amount determined by the Secretary to be sufficient to cover the administrative costs of the Secretary relating to the loan guarantee.CommentsClose CommentsPermalink





‘(h) Full Faith and Credit- The full faith and credit of the United States is pledged to the payment of all guarantees made under this section. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the loan for the guarantee with respect to principal and interest. The validity of the guarantee shall be incontestable in the hands of a holder of the guaranteed loan.CommentsClose CommentsPermalink





‘(i) Regulations- The Secretary shall promulgate such regulations as are necessary to carry out this section.CommentsClose CommentsPermalink





‘(j) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $300,000,000 for fiscal years 2012 through 2016.’.CommentsClose CommentsPermalink

SEC. 10. FEDERAL FLEETS.

(a) Electric Energy- For purposes of Federal agency reporting requirements, electric energy consumed by Federal agencies to fuel electric drive vehicles--CommentsClose CommentsPermalink





(1) is alternative fuel (as defined in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211)); andCommentsClose CommentsPermalink





(2) shall be accounted for under Federal fleet management reporting requirements, not under Federal building management reporting requirements.CommentsClose CommentsPermalink





(b) Assessment and Report-CommentsClose CommentsPermalink





(1) IN GENERAL- The Administrator of General Services, in consultation with the Secretary of Energy, shall complete an assessment of motor vehicle fleets operated by Federal agencies and submit a report to Congress that includes each of the following:CommentsClose CommentsPermalink





(A) For each Federal agency, the types of vehicles the agency uses that may or may not be suitable for near-term and medium-term replacement with commercially available electric drive vehicles, taking into account the types of vehicles for which electric drive vehicles could provide comparable functionality and lifecycle costs.CommentsClose CommentsPermalink





(B) The number of electric drive vehicles that could be deployed by each Federal agency in 5 years and in 10 years, assuming that electric drive vehicles are available and are purchased when new vehicles are needed or existing vehicles are replaced.CommentsClose CommentsPermalink





(C) The estimated cost to the Federal Government for vehicle purchases described under paragraph (2) for each fiscal year.CommentsClose CommentsPermalink





(2) SUBMISSION OF REPORT-CommentsClose CommentsPermalink





(A) FIRST REPORT- The first report described under paragraph (1) shall be submitted not later than 180 days after the date of enactment of this Act.CommentsClose CommentsPermalink





(B) SECOND REPORT- The second report described under paragraph (1) shall be submitted at the completion of phase 1 of the program established under section 3(a)(1) and shall include each of the following:CommentsClose CommentsPermalink





(i) A description of the status of electric drive vehicles in the motor vehicle pool.CommentsClose CommentsPermalink





(ii) An analysis of the data collected, if any, pursuant to subsection (d)(3).CommentsClose CommentsPermalink





(c) Budget Contents- Subsection (a) of section 1105 of title 31, United States Code--CommentsClose CommentsPermalink





(1) is amended by redesignating the second paragraph 37 as paragraph 39; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(40) Information about electric drive vehicle purchases, including a separate statement, by agency, of the number of vehicles to be acquired and the amounts proposed in the budget for acquisition of electric drive vehicles and qualified electric drive vehicle infrastructure (as such term is defined in the Electric Drive Vehicle Deployment Act of 2011).’.CommentsClose CommentsPermalink





(d) Pilot Program To Deploy Electric Drive Vehicles in the Federal Motor Vehicle Fleet-CommentsClose CommentsPermalink





(1) AUTHORIZATION- There is authorized to be appropriated to the Acquisition Services Fund, established under section 321 of title 40, United States Code, $45,000,000, to remain available until expended for purposes of a pilot program whereby, not later than 3 years after the date of enactment of this Act, and notwithstanding section 1343(c) of title 31, United States Code, the Administrator of General Services shall acquire, to the maximum extent practicable, 1,000 commercially available electric drive vehicles and the necessary qualified electric drive vehicle infrastructure.CommentsClose CommentsPermalink





(2) SETTING PRICES TO RECOVER COSTS- The Administrator of General Services shall set prices for furnishing electric drive vehicles, necessary qualified electric drive vehicle infrastructure, and related services under section 602 of title 40, United States Code, to recover, so far as practicable, all costs of carrying out this subsection consistent with section 605 of title 40, United States Code.CommentsClose CommentsPermalink





(3) DATA COLLECTION- The Administrator of General Services shall, upon the acquisition of electric drive vehicles and necessary qualified electric drive vehicle infrastructure described under paragraph (1), collect data on each of the following:CommentsClose CommentsPermalink





(A) The cost, performance, and use of electric drive vehicles in the motor vehicle pool.CommentsClose CommentsPermalink





(B) The deployment and integration of electric drive vehicles in the motor vehicle pool.CommentsClose CommentsPermalink





(C) The contribution of electric drive vehicles in the motor vehicle pool toward reducing the use of fossil fuels and greenhouse gas emissions.CommentsClose CommentsPermalink





(e) Definitions- In this section:CommentsClose CommentsPermalink





(1) FEDERAL AGENCY- The term ‘Federal agency’ has the meaning given that term under section 102 of title 40, United States Code.CommentsClose CommentsPermalink





(2) MOTOR VEHICLE POOL- The term ‘motor vehicle pool’ means the motor vehicle pool established under subchapter VI of chapter 5 of subtitle I of title 40, United States Code, and operated by the Administrator of General Services.CommentsClose CommentsPermalink