I 

111TH CONGRESS 

1ST SESSION H. R. 2234 

To enhance the energy security of the United States, reduce dependence 

on imported oil, improve the energy efficiency of the transportation 

sector, and reduce emissions through the expansion of grid supported 

transportation. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2009 

Mr. ENGEL (for himself and Mr. BARTLETT) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committees on Science and Technology and Transportation and Infrastructure, 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 concerned 

A BILL 

To enhance the energy security of the United States, reduce 

dependence on imported oil, improve the energy efficiency 

of the transportation sector, and reduce emissions 

through the expansion of grid supported transportation. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Electric Transpor5 tation Advancement Act of 2009’’. 


smartinez on PROD1PC64 with BILLS
2 

•HR 2234 IH

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are to enhance the energy 

3 security of the United States, reduce dependence on im4 ported oil, improve the energy efficiency of the transpor5 tation sector, and reduce emissions through the expansion 

6 of grid supported transportation, through programs to— 

7 (1) develop, with industry, research institutions, 

8 National Laboratories, and institutions of higher 

9 education, projects to foster— 

10 (A) the commercialization of plug-in elec11 tric drive vehicle technology for various sizes 

12 and applications of vehicles; and 

13 (B) growth in employment in the United 

14 States in electric drive design and manufac15 turing of components and vehicles; and 

16 (2) optimize the availability of the existing elec17 tric infrastructure for use in fueling light duty 

18 transportation and other on-road and nonroad vehi19 cles to minimize the use of vehicles and equipment 

20 that use petroleum. 

21 SEC. 3. NEAR-TERM ELECTRIC TRANSPORTATION. 

22 (a) IN GENERAL.—Paragraph (1) of subsection (c) 

23 of section 131 of the Energy Independence and Security 

24 Act of 2007 (42 U.S.C. 17011(c)(1)) is amended— 

25 (1) by striking ‘‘Act’’ and inserting ‘‘para26 graph’’; 


smartinez on PROD1PC64 with BILLS
3 

•HR 2234 IH

1 (2) by striking ‘‘establish a program to provide 

2 grants’’ and inserting ‘‘establish or maintain a com3 petitive grant and revolving loan program to provide 

4 grants and make loans’’; and 

5 (3) by adding the following new subparagraphs 

6 at the end thereof: 

7 ‘‘(A) GRANT AND LOAN SELECTION.—The 

8 Secretary shall select grant and loan recipients 

9 based on the overall cost-effectiveness of a pro10 posed qualified electric transportation project in 

11 reducing emissions of criteria pollutants, emis12 sions of greenhouse gases, and petroleum usage. 

13 ‘‘(B) REVOLVING LOANS.— 

14 ‘‘(i) CRITERIA.—The Secretary shall 

15 establish criteria for the provision of loans 

16 under this subsection. 

17 ‘‘(ii) FUNDING.—Of amounts made 

18 available to carry out this subsection, the 

19 Secretary shall use amounts not used to 

20 provide grants to make loans under this 

21 subsection.’’. 

22 (b) PRIORITY.—Paragraph (2) of subsection (c) of 

23 section 131 of the Energy Independence and Security Act 

24 of 2007 (42 U.S.C. 17011(c)(2)) is amended by striking 

25 ‘‘grants under’’ and inserting ‘‘grants and loans under’’. 


smartinez on PROD1PC64 with BILLS
4 

•HR 2234 IH

1 SEC. 4. ELECTRIC TRANSPORTATION INVENTORY. 

2 Section 131 of the Energy Independence and Security 

3 Act of 2007 (42 U.S.C. 17011) is amended by adding at 

4 the end the following new subsection: 

5 ‘‘(e) MARKET ASSESSMENT PROGRAM.—The Sec6 retary, in consultation with the Administrator and private 

7 industry, shall carry out a program— 

8 ‘‘(1) to inventory and analyze existing electric 

9 transportation technologies and hybrid transpor10 tation technologies and markets; and 

11 ‘‘(2) to identify and implement methods of pro12 moting existing and emerging applications of electric 

13 transportation technologies and hybrid transpor14 tation technologies.’’. 

15 SEC. 5. ELECTRICITY USAGE PROGRAM AND CERTIFI16 CATION. 

17 Section 131 of the Energy Independence and Security 

18 Act of 2007 (42 U.S.C. 17011), as amended by section 

19 4 of this Act, is further amended by adding at the end 

20 the following new subsections: 

21 ‘‘(f) ELECTRICITY USAGE PROGRAM.— 

22 ‘‘(1) IN GENERAL.—The Secretary, in consulta23 tion with the Administrator and private industry, 

24 shall carry out a program— 

25 ‘‘(A) to work with utilities to develop low26 cost, simple methods of— 


smartinez on PROD1PC64 with BILLS
5 

•HR 2234 IH

1 ‘‘(i) using off-peak electricity; or 

2 ‘‘(ii) managing on-peak electricity use; 

3 ‘‘(B) to develop systems and processes— 

4 ‘‘(i) to enable plug-in electric drive ve5 hicles to enhance the availability of emer6 gency back-up power for consumers; and 

7 ‘‘(ii) to work with utilities and other 

8 interested stakeholders to study and dem9 onstrate the implications of the introduc10 tion of plug-in electric drive vehicles and 

11 other types of electric transportation tech12 nology on the production of electricity from 

13 renewable resources; and 

14 ‘‘(C) to study and demonstrate the poten15 tial value to the electric grid to use the energy 

16 stored in on-board storage systems of plug-in 

17 electric drive vehicles to improve the efficiency 

18 and reliability of the grid generation system. 

19 ‘‘(g) PLUG-IN HYBRID ELECTRIC VEHICLE AND

20 ELECTRIC TRANSPORTATION TECHNOLOGY CERTIFI21 CATION.— 

22 ‘‘(1) IN GENERAL.—For the purpose of ena23 bling the introduction of plug-in hybrid electric drive 

24 vehicles and electric transportation technology into 

25 commercial use, the Administrator shall develop, in 


smartinez on PROD1PC64 with BILLS
6 

•HR 2234 IH

1 consultation with industry, the Secretary, and the 

2 National Laboratories, a program to certify— 

3 ‘‘(A) the emissions of criteria pollutants, 

4 fuel economy, and petroleum usage of plug-in 

5 hybrid electric drive vehicles; and 

6 ‘‘(B) the emissions reductions, fuel econ7 omy improvements, and petroleum usage reduc8 tions from other forms of electric transportation 

9 technology. 

10 ‘‘(2) CERTIFICATION.—The certifications made 

11 pursuant to paragraph (1) shall include consider12 ation of— 

13 ‘‘(A) the entire vehicle propulsion system, 

14 not just the engine; 

15 ‘‘(B) nightly off-board charging; and 

16 ‘‘(C) different engine turn-on control strat17 egies. 

18 ‘‘(3) TASK FORCE.—Not later than 6 months 

19 after the date of enactment of this subsection, the 

20 Administrator shall establish a task force rep21 resenting auto manufacturers, truck manufacturers, 

22 National Laboratories, public agencies, utilities, and 

23 other interested stakeholders to recommend certifi24 cation protocols for certifying— 


smartinez on PROD1PC64 with BILLS
7 

•HR 2234 IH

1 ‘‘(A) the emissions, fuel economy, and pe2 troleum usage of a wide variety of plug-in hy3 brid electric drive vehicles; and 

4 ‘‘(B) the emissions reductions, fuel econ5 omy improvements, and petroleum usage reduc6 tions from other forms of electric transportation 

7 technology. 

8 ‘‘(4) PUBLIC COMMENT.—Not later than 2 

9 years after the date of enactment of this subsection, 

10 the Administrator shall publish the certification pro11 tocols recommended pursuant to paragraph (3) for 

12 public comment. 

13 ‘‘(5) FINAL PROTOCOLS.—Not later than 3 

14 years after the date of enactment of this subsection, 

15 the Administrator shall adopt and publish final cer16 tification protocols for certifying— 

17 ‘‘(A) the emissions, fuel economy, and pe18 troleum usage of a wide variety of plug-in hy19 brid electric drive vehicles; and 

20 ‘‘(B) the emissions reductions, fuel econ21 omy improvements, and petroleum usage reduc22 tions from other forms of electric transportation 

23 technology. 


smartinez on PROD1PC64 with BILLS
8 

•HR 2234 IH

1 ‘‘(6) EVALUATION AND MODIFICATION OF

2 ELECTRIC TRANSPORTATION TECHNOLOGY PROTO3 COLS.— 

4 ‘‘(A) EVALUATION.—Not later than 2 

5 years after the adoption of the certification pro6 tocols pursuant to paragraph (5), and every 2 

7 years thereafter, the Administrator, in consulta8 tion with the Secretary, appropriate Federal 

9 agencies, and interested stakeholders shall 

10 evaluate and modify, as necessary, such certifi11 cation protocols to ensure that— 

12 ‘‘(i) for plug-in hybrid electric drive 

13 vehicles, such protocols accurately measure 

14 emissions, fuel economy, and petroleum 

15 usage of such vehicles; and 

16 ‘‘(ii) for other forms of electric trans17 portation technology, such protocols accu18 rately measure emissions reductions, fuel 

19 economy improvements, and petroleum 

20 usage reductions from such technology. 

21 ‘‘(B) MODIFICATION.—The Administrator 

22 shall modify such certification protocols for 

23 such plug-in hybrid electric drive vehicles and 

24 electric transportation technologies to realize 

25 the full potential of the benefits of such vehicles 


smartinez on PROD1PC64 with BILLS
9 

•HR 2234 IH

1 and technologies, in terms of reduction of emis2 sions of criteria pollutants, reduction of energy 

3 use, and reduction of petroleum use. In modi4 fying such certification protocols, the Adminis5 trator shall consider— 

6 ‘‘(i) the entire vehicle propulsion sys7 tem, not just the engine; 

8 ‘‘(ii) nightly off-board charging, as ap9 plicable; and 

10 ‘‘(iii) different engine turn-on control 

11 strategies. 

12 ‘‘(7) PLUG-IN HYBRID ELECTRIC DRIVE VEHI13 CLE.—For purposes of this subsection, the term 

14 ‘plug-in hybrid electric drive vehicle’ means a light15 duty, medium-duty, or heavy-duty on-road or 

16 nonroad vehicle that is propelled by any combination 

17 of— 

18 ‘‘(A) an electric motor and on-board, re19 chargeable energy storage system capable of op20 erating the vehicle in intermittent or continuous 

21 all-electric mode and that is rechargeable using 

22 an off-board source of electricity; and 

23 ‘‘(B) an internal combustion engine or 

24 heat engine using any combustible fuel.’’. 


smartinez on PROD1PC64 with BILLS
10 

•HR 2234 IH

1 SEC. 6. CITY CARS. 

2 Section 131 of the Energy Independence and Security 

3 Act of 2007 (42 U.S.C. 17011), as amended by sections 

4 4 and 5 of this Act, is further amended by adding at the 

5 end the following new subsection: 

6 ‘‘(h) CITY CARS.— 

7 ‘‘(1) IN GENERAL.—Not later than 1 year after 

8 the date of enactment of this subsection, the Sec9 retary of Transportation in consultation with the 

10 Secretary, appropriate Federal agencies, and inter11 ested stakeholders in the public, private, and non12 profit sectors, shall study, and submit a report to 

13 Congress on the benefits, including the petroleum 

14 savings of, and barriers to, the widespread deploy15 ment of a potential new class of vehicles known as 

16 City Cars with performance capability that exceeds 

17 that of low speed vehicles but is less than that of 

18 passenger vehicles, and that may be battery electric, 

19 fuel cell electric, or plug-in hybrid electric drive vehi20 cles. Such study shall examine, and such report shall 

21 recommend, appropriate safety requirements for 

22 such vehicles based on patterns of usage. Such study 

23 shall examine the benefits and issues associated with 

24 limiting City Cars to a maximum speed of 35 mph, 

25 45 mph, 55 mph, or any other maximum speed, and 


smartinez on PROD1PC64 with BILLS
11 

•HR 2234 IH

1 such report shall make a recommendation regarding 

2 the maximum speed of such City Cars. 

3 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

4 There are authorized to be appropriated such sums 

5 as may be necessary to carry out this subsection.’’. 

6 SEC. 7. TRANSITION TO FUEL NEUTRAL EPA REGULATIONS. 

7 Section 131 of the Energy Independence and Security 

8 Act of 2007 (42 U.S.C. 17011), as amended by sections 

9 4, 5, and 6 of this Act, is further amended by adding at 

10 the end the following new subsection: 

11 ‘‘(i) TRANSITION TO FUEL AND TECHNOLOGY NEU12 TRAL REGULATIONS.— 

13 ‘‘(1) FINDINGS.—The Congress finds the fol14 lowing: 

15 ‘‘(A) In light of advances in automotive en16 gine technologies since the passage of the Clean 

17 Air Act (42 U.S.C. 7401 et seq.), it is nec18 essary to modify the control of mobile source 

19 emissions pursuant to such Act to establish fuel 

20 and technology neutral mobile source emissions 

21 control programs. 

22 ‘‘(B) Replacement of current emissions 

23 control requirements with a new fuel and tech24 nology neutral program that encourages use of 

25 the most fuel efficient and environmentally beVerDate Nov 24 2008 06:06 May 05, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2234.IH H2234

smartinez on PROD1PC64 with BILLS
12 

•HR 2234 IH

1 nign vehicles could include all vehicle tech2 nologies, including vehicles with spark-ignited 

3 engines, compression-ignited engines, and other 

4 engine types, dual fueled vehicles, flexible fuel 

5 vehicles, fuel cell electric vehicles, battery elec6 tric vehicles, plug-in hybrid electric vehicles, 

7 corded electric vehicle equipment, and other 

8 electric propulsion technologies. 

9 ‘‘(2) REPORTS.— 

10 ‘‘(A) Not later than 1 year after the date 

11 of enactment of this subsection, the Adminis12 trator shall submit a report to Congress de13 scribing all of the fuel definitions and tech14 nology definitions specific to vehicles in Federal 

15 law and regulation and recommend how such 

16 definitions may be changed to be fuel and tech17 nology neutral. 

18 ‘‘(B) Not later than 18 months after the 

19 date of enactment of this subsection, the Ad20 ministrator shall submit a report to Congress 

21 describing how petroleum reductions, emissions 

22 reductions, and reductions in full fuel cycle cri23 teria pollutants may be incorporated into the 

24 fuel and technology neutral emissions reduction 

25 program required under paragraph (3), includVerDate Nov 24 2008 06:06 May 05, 2009 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2234.IH H2234

smartinez on PROD1PC64 with BILLS
13 

•HR 2234 IH

1 ing any changes needed to existing law to 

2 achieve the purposes of the Electric Transpor3 tation Advancement Act of 2009. 

4 ‘‘(3) RULEMAKING.—Not later than 2 years 

5 after the submission of the report required under 

6 paragraph (2)(B), the Administrator shall adopt 

7 final rules to implement a fuel and technology neu8 tral program to reduce tailpipe and evaporative 

9 emissions of criteria pollutants from mobile sources. 

10 Such program shall take effect not later than 10 

11 years after the date of enactment of this subsection. 

12 ‘‘(4) FUEL AND TECHNOLOGY NEUTRAL MO13 BILE SOURCE EMISSION CONTROL PROGRAM.—In 

14 this subsection, the term ‘fuel and technology neu15 tral mobile source emissions control program’ means 

16 a fuel and technology neutral program described 

17 under paragraph (1)(B) that contains emissions con18 trols for criteria pollutants from mobile sources and 

19 a credit-based compliance mechanism for manufac20 turers of mobile source technologies that is at least 

21 as protective of public health as the previous appli22 cable emissions control program. 

23 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated such sums 

25 as may be necessary to carry out this subsection.’’. 


smartinez on PROD1PC64 with BILLS
14 

•HR 2234 IH

1 SEC. 8. RESEARCH AND DEVELOPMENT DIVERSIFICATION. 

2 Subsection (m) of section 641 of the Energy Inde3 pendence and Security Act of 2007 (42 U.S.C. 17231(m)) 

4 is amended by adding at the end the following new sen5 tence: ‘‘Of amounts made available to carry out the pro6 grams established under subsections (i), (j), and (k), not 

7 more than 30 percent shall be awarded to the National 

8 Laboratories.’’. 

Æ 


smartinez on PROD1PC64 with BILLS