II 

112TH CONGRESS 

1ST SESSION S. 1294 

To promote the oil independence of the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2011 

Mr. MERKLEY (for himself, Mr. CARPER, Mr. UDALL of New Mexico, and Mr. 

BENNET) introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To promote the oil independence of the United States, and 

for other purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Oil Independence for a Stronger America Act of 2011’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—NATIONAL ENERGY SECURITY PROGRAM 

Sec. 101. National energy security program. 

Sec. 102. National Energy Security Council. 


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TITLE II—VEHICLE FUEL ECONOMY 

Sec. 201. Vehicle fuel economy. 

TITLE III—ELECTRIC VEHICLE DEPLOYMENT 

Sec. 301. Findings. 

Sec. 302. Definitions. 

Subtitle A—National Plug-In Electric Drive Vehicle Deployment Program 

Sec. 311. National Plug-In Electric Drive Vehicle Deployment Program. 

Sec. 312. National assessment and plan. 

Sec. 313. Technical assistance. 

Sec. 314. Workforce training. 

Sec. 315. Federal fleets. 

Sec. 316. Targeted Plug-In Electric Drive Vehicle Deployment Communities 

Program. 

Sec. 317. Plug-in electric drive vehicle private fleet upgrade program. 

Subtitle B—Research and Development 

Sec. 321. Research and development program. 

Sec. 322. Advanced batteries for tomorrow prize. 

Sec. 323. Study on the supply of raw materials. 

Sec. 324. Study on the collection and preservation of data collected from plugin electric drive vehicles. 

Subtitle C—Miscellaneous 

Sec. 331. Utility planning for plug-in electric drive vehicles. 

Sec. 332. Loan guarantees. 

Sec. 333. Prohibition on disposing of advanced batteries in landfills. 

Sec. 334. Plug-In Electric Drive Vehicle Technical Advisory Committee. 

Sec. 335. Plug-In Electric Drive Vehicle Interagency Task Force. 

TITLE IV—TRANSPORTATION INFRASTRUCTURE 

Subtitle A—Transportation Options for Families and Businesses 

Sec. 401. Oil savings and greenhouse gas emission reductions through transportation efficiency. 

Sec. 402. Investing in transportation greenhouse gas emission reduction programs. 

Sec. 403. Commuter benefits equity. 

Subtitle B—Freight Transportation 

Sec. 411. Freight transportation goal and plan. 

Sec. 412. Freight rail congestion grants. 

Sec. 413. Rail electrification study. 

TITLE V—ALTERNATIVE TRANSPORTATION FUELS 

Subtitle A—Advanced Biofuels 

Sec. 501. Allowance of investment tax credit for advanced biofuel facilities. 

Sec. 502. Grants for advanced biofuel facility property. 

Sec. 503. Inclusion of algae-based biofuel in definition of cellulosic biofuel. 


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Sec. 504. Extension of cellulosic biofuel producer credit. 

Sec. 505. Extension of special allowance for cellulosic biofuel plant property. 

Sec. 506. Extension of incentives for biodiesel and renewable diesel. 

Sec. 507. Extension of alcohol fuels tax credits. 

Subtitle B—Powering Vehicles With Natural Gas 

Sec. 511. Credit for qualified natural gas motor vehicles. 

Sec. 512. Natural gas vehicle bonds. 

Sec. 513. Incentives for manufacturing facilities producing vehicles fueled by 

compressed or liquified natural gas. 

Sec. 514. Study of increasing natural gas and liquefied petroleum gas vehicles 

in Federal fleet. 

TITLE VI—HEATING OIL AND PROPANE CONSERVATION 

Sec. 601. Energy efficiency improvements for heating oil, propane, and kerosene use in homes and commercial buildings. 

Sec. 602. Renewable biomass thermal energy for commercial buildings. 

TITLE VII—AUTHORIZATION OF APPROPRIATIONS 

Sec. 701. Authorization of appropriations. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Environ5 mental Protection Agency. 

6 (2) COUNCIL.—The term ‘‘Council’’ means the 

7 National Energy Security Council established by sec8 tion 102. 

9 (3) NATIONAL ENERGY SECURITY PROGRAM.— 

10 The term ‘‘national energy security program’’ means 

11 the national energy security program established by 

12 section 101. 

13 (4) NATIONAL OIL INDEPENDENCE GOAL.—The 

14 term ‘‘national oil independence goal’’ means the naVerDate Mar 15 2010 03:10 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1294.IS S1294

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1 tional oil independence goal established under sec2 tion 101(c). 

3 (5) NATIONAL OIL INDEPENDENCE PLAN.—The 

4 term ‘‘national oil independence plan’’ means the na5 tional oil independence plan established under sec6 tion 101(d). 

7 TITLE I—NATIONAL ENERGY 

8 SECURITY PROGRAM 

9 SEC. 101. NATIONAL ENERGY SECURITY PROGRAM. 

10 (a) ESTABLISHMENT.—There is established in the 

11 Executive Office of the President the national energy secu12 rity program. 

13 (b) MISSION.—The mission of the national energy se14 curity program shall be to coordinate the activities and 

15 policies of the Federal Government to ensure, to the max16 imum extent practicable, that the United States meets— 

17 (1) goals for reducing oil dependence, oil im18 ports, and oil consumption; and 

19 (2) other energy policy goals, including goals 

20 for— 

21 (A) enhancing the competitiveness of the 

22 United States in clean energy technology; 

23 (B) strengthening clean energy technology 

24 manufacturing in the United States; 


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1 (C) reducing greenhouse gas emissions; 

2 and 

3 (D) reducing hazardous pollutants. 

4 (c) NATIONAL OIL INDEPENDENCE GOAL.— 

5 (1) IN GENERAL.—Subject to paragraph (2), it 

6 is the goal of the United States to reduce oil con7 sumption by the quantity that is equal to or greater 

8 than the quantity of oil imported by the United 

9 States from outside of North America by calendar 

10 year 2030 (as compared to the rate of oil consump11 tion projected for calendar year 2030 as of the date 

12 of enactment of this Act). 

13 (2) ADJUSTMENTS.—The President, in con14 sultation with the Council— 

15 (A) may adjust the numeric goal for cal16 endar year 2030 established under paragraph 

17 (1); 

18 (B) shall ensure that any new goal estab19 lished under subparagraph (A) represents the 

20 maximum practicable oil savings achievable, 

21 taking into account other benefits of reducing 

22 oil consumption (including economic, security, 

23 and environmental benefits) and costs or other 

24 economic effects; and 


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1 (C) if any new goal established under sub2 paragraph (A) is lower than the goal estab3 lished under paragraph (1), shall establish an 

4 additional goal for reducing oil consumption in 

5 the United Sates by a quantity that is equal to 

6 or greater than the quantity of oil imported by 

7 the United States from outside of North Amer8 ica on the fastest timeline practicable, taking 

9 into account other benefits of reducing oil con10 sumption (including economic, security, and en11 vironmental benefits) and costs or other eco12 nomic effects. 

13 (d) NATIONAL OIL INDEPENDENCE PLAN.— 

14 (1) IN GENERAL.—The President, in coordina15 tion with the Council and the Director of the Office 

16 of Management and Budget, shall— 

17 (A) develop a national oil independence 

18 plan that describes programs and activities that 

19 will be implemented to meet or exceed the na20 tional oil independence goal and other goals es21 tablished pursuant to subsection (c); 

22 (B) submit the national oil independence 

23 plan to Congress not later than 180 days after 

24 the date of enactment of this Act; and 


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1 (C) submit an updated national oil inde2 pendence plan to Congress every 2 years there3 after. 

4 (2) REVIEW OF FEDERAL POLICIES, PROGRAMS, 

5 AND AUTHORITIES.—Not later than 120 days after 

6 the date of enactment of this Act, the President, in 

7 coordination with the Council and the Director of 

8 the Office of Management and Budget, shall review 

9 existing programs and authorities of the Federal 

10 Government and other applicable policies (including 

11 tax policies) to determine— 

12 (A)(i) which programs, authorities, or poli13 cies could be used to accelerate reductions in oil 

14 dependence; and 

15 (ii) any means by which the programs, au16 thorities, or policies— 

17 (I) could be used to maximize reduc18 tions in oil dependence; or 

19 (II) would require modification in 

20 order to be used to maximize reductions in 

21 oil dependence; and 

22 (B)(i) which programs, authorities, or poli23 cies have the effect of increasing oil consump24 tion and oil dependence or otherwise create barVerDate Mar 15 2010 03:10 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1294.IS S1294

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1 riers to reducing oil consumption and oil de2 pendence; and 

3 (ii) the manner by which the programs, au4 thorities, or policies— 

5 (I) have the effect of encouraging oil 

6 consumption or oil dependence or otherwise 

7 create barriers to reducing oil consumption 

8 and oil dependence; and 

9 (II) could be modified or eliminated to 

10 help meet the goal of reducing oil con11 sumption and oil dependence. 

12 (3) CONTENTS.—At a minimum, the national 

13 oil independence plan shall— 

14 (A) describe the results and conclusions of 

15 the review conducted under paragraph (2); 

16 (B) as appropriate, include— 

17 (i) the use of programs, authorities, 

18 or policies described in paragraph (2)(A); 

19 and 

20 (ii) if existing authority allows, pro21 posals to modify or eliminate programs, 

22 authorities, or policies described in para23 graph (2)(B); 

24 (C) include recommendations to Congress 

25 for legislation that would further— 


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1 (i) promote reductions in oil consump2 tion and oil dependence; 

3 (ii) reduce barriers to reducing oil 

4 consumption and oil dependence; and 

5 (iii) help meet the energy policy goals 

6 of the United States; 

7 (D) include a timetable for achieving the 

8 national oil independence goal, including in9 terim targets on not less than a biennial basis; 

10 (E) a plan for coordinating actions across 

11 the Federal Government to ensure, to the max12 imum extent practicable, that the national oil 

13 independence goal is met; and 

14 (F) a timeline for issuing rules, Executive 

15 orders, or other policy instruments that will im16 plement the recommendations contained the na17 tional oil independence plan. 

18 (e) ANNUAL REQUESTS TO CONGRESS.—When sub19 mitting annual budget requests to Congress, the President 

20 shall include— 

21 (1)(A) requests for sufficient funding for such 

22 programs the President considers appropriate to im23 plement the national oil independence plan; and 

24 (B) if the amount of funding is not sufficient 

25 to meet the national oil independence goal, a deVerDate Mar 15 2010 03:10 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1294.IS S1294

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1 scription of the amount of funding that would be 

2 necessary to meet the goal; 

3 (2)(A) requests for such additional authorities 

4 or changes to existing laws or authorities as the 

5 President considers appropriate in order to imple6 ment the national oil independence plan; and 

7 (B) if the amount of funding is not sufficient 

8 to meet the national oil independence goal, a de9 scription of such additional authority or changes to 

10 existing laws or authorities as would be necessary to 

11 meet the goal; and 

12 (3) a report on the oil consumption and imports 

13 of the United States relative to the national oil inde14 pendence goal and the interim targets and timelines 

15 established in the national oil independence plan. 

16 SEC. 102. NATIONAL ENERGY SECURITY COUNCIL. 

17 (a) ESTABLISHMENT.—There is established in the 

18 Executive Office of the President a National Energy Secu19 rity Council. 

20 (b) MISSION.—The mission of the Council shall be 

21 to assist and advise the President in— 

22 (1) establishing the national oil independence 

23 goal in numeric terms of barrels per day of oil con24 sumption, based on the most recent consumption es25 timates by the Energy Information Administration; 


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1 (2) meeting the national oil independence goal; 

2 (3) developing the national oil independence 

3 plan and the requests described in section 3(e); 

4 (4) coordinating the policies, programs, and ac5 tivities of the national energy security program in 

6 order to implement the national oil independence 

7 plan and meet the national oil independence goal; 

8 and 

9 (5) ensuring that policy decisions and programs 

10 are consistent with the energy policy goals of the 

11 United States. 

12 (c) MEMBERSHIP.—The membership of the Council 

13 shall consist of— 

14 (1) the Secretary of Energy; 

15 (2) the Assistant to the President for National 

16 Security Affairs; 

17 (3) the Secretary of Transportation; 

18 (4) the Administrator; 

19 (5) the Secretary of the Treasury; 

20 (6) the Director of the National Economic 

21 Council; 

22 (7) the Secretary of Agriculture; 

23 (8) the Chair of the Council on Environmental 

24 Quality; 

25 (9) the Secretary of State; and 


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1 (10) the Director of the Office of Science and 

2 Technology Policy. 

3 (d) CHAIR.—The President shall act as Chair of the 

4 Council. 

5 TITLE II—VEHICLE FUEL 

6 ECONOMY 

7 SEC. 201. VEHICLE FUEL ECONOMY. 

8 (a) AUTOMOBILES.—The Secretary of Transpor9 tation, pursuant to the authority provided under chapter 

10 329 of title 49, United States Code, and the Administrator 

11 of the Environmental Protection Agency, using the au12 thority provided under the Clean Air Act (42 U.S.C. 7401 

13 et seq.), shall promulgate joint regulations establishing 

14 fuel efficiency standards and greenhouse gas emissions 

15 limitations for each class of automobiles subject to regula16 tions under that chapter and manufactured for each of 

17 model years 2017 through 2030 to maximize reductions 

18 in oil consumption and greenhouse gas emissions con19 sistent with the criteria under those authorities. 

20 (b) FUEL ECONOMY AND GREENHOUSE GAS EMIS21 SIONS FOR NONROAD VEHICLES.— 

22 (1) IN GENERAL.—Not later than 2 years after 

23 the date of enactment of this Act, the Secretary of 

24 Transportation and the Administrator of the Envi25 ronmental Protection Agency shall promulgate joint 


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1 regulations establishing fuel efficiency standards and 

2 greenhouse gas emissions limitations for nonroad ve3 hicles to maximize reductions in oil consumption and 

4 greenhouse gas emissions. 

5 (2) NONROAD VEHICLES.—The nonroad vehi6 cles described in paragraph (1) shall include— 

7 (A) passenger and freight rail engines; 

8 (B) boat and other marine engines; and 

9 (C) off-highway construction vehicles. 

10 (3) EFFECTIVE DATE.—The standards and lim11 itations established under paragraph (1) shall take 

12 effect not earlier than 2 years after the date on 

13 which the applicable regulations are promulgated. 

14 (4) REVISIONS AND UPDATES TO STAND15 ARDS.—The Secretary of Transportation and the 

16 Administrator shall establish a timeline for updating 

17 the standards and limitations established under 

18 paragraph (1) to maximize reductions in oil con19 sumption and greenhouse gas emissions. 

20 TITLE III—ELECTRIC VEHICLE 

21 DEPLOYMENT 

22 SEC. 301. FINDINGS. 

23 Congress find that— 


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1 (1) the United States is the largest consumer of 

2 petroleum in the world, consuming 19,500,000 bar3 rels per day of petroleum products during 2008; 

4 (2) high and volatile international oil prices rep5 resent a significant and ongoing threat to the eco6 nomic and national security of the United States; 

7 (3) many of the nations on which the United 

8 States relies for petroleum supplies or that signifi9 cantly affect the world petroleum market share nei10 ther the national interest nor the values of the 

11 United States; 

12 (4) the United States imports more than 50 

13 percent of the petroleum needs of the country each 

14 day; 

15 (5) in 2008, the net deficit of the United States 

16 in petroleum trade amounted to more than 

17 $380,000,000,000, or nearly 60 percent of the total 

18 trade deficit; 

19 (6) the transportation sector of the United 

States accounts for over 2 20 ⁄3 of total national petro21 leum consumption and is 94 percent reliant on pe22 troleum; 

23 (7) the electrification of the transportation sec24 tor represents a direct pathway to significant reduc25 tion in petroleum dependence, because passenger 


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1 cars and light trucks account for more than 60 per2 cent of the transportation petroleum demand and 

3 more than 40 percent of total petroleum demand in 

4 the United States; 

5 (8) the electrification of the transportation sec6 tor promotes national energy security because the 

7 electric power sector uses a diverse range of domes8 tic electricity generation sources; 

9 (9) plug-in electric drive vehicles, when running 

10 on electric power, produce no tailpipe emissions; 

11 (10) the deployment of 700,000 plug-in electric 

12 drive vehicles would result in a petroleum savings of 

13 approximately 10,000,000 barrels per year compared 

14 to the annual petroleum consumption as of the date 

15 of enactment of this Act; 

16 (11) in 2030, the United States could feasibly 

17 deploy more than 100,000,000 plug-in electric drive 

18 vehicles, which would result in a petroleum savings 

19 of more than 1,000,000,000 barrels of petroleum per 

20 year and greenhouse gas reductions of over 

21 300,000,000 tons of carbon dioxide compared to the 

22 annual petroleum consumption and greenhouse gas 

23 emissions as of the date of enactment of this Act; 

24 and 


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1 (12) a targeted deployment program for plug-in 

2 electric drive vehicles that is focused on competi3 tively selected deployment communities— 

4 (A) is a critical component of a com5 prehensive effort to speed plug-in electric drive 

6 vehicle penetration rates; 

7 (B) will contribute to the larger national 

8 effort to deploy plug-in electric drive vehicles; 

9 (C) will inform best practices for the wide10 scale deployment of plug-in electric drive vehi11 cles; and 

12 (D) will substantially reduce the oil con13 sumption of the United States. 

14 SEC. 302. DEFINITIONS. 

15 (a) IN GENERAL.—In this title: 

16 (1) AGENCY.—The term ‘‘agency’’ has the 

17 meaning given the term ‘‘Executive agency’’ in sec18 tion 105 of title 5, United States Code. 

19 (2) CHARGING INFRASTRUCTURE.—The term 

20 ‘‘charging infrastructure’’ means any property (not 

21 including a building) if the property is used for the 

22 recharging of plug-in electric drive vehicles, includ23 ing electrical panel upgrades, wiring, conduit, 

24 trenching, pedestals, and related equipment. 


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1 (3) COMMITTEE.—The term ‘‘Committee’’ 

2 means the Plug-in Electric Drive Vehicle Technical 

3 Advisory Committee established by section 334. 

4 (4) DEPLOYMENT COMMUNITY.—The term ‘‘de5 ployment community’’ means a community selected 

6 by the Secretary to be part of the targeted plug-in 

7 electric drive vehicles deployment communities pro8 gram under section 316. 

9 (5) ELECTRIC UTILITY.—The term ‘‘electric 

10 utility’’ has the meaning given the term in section 

11 3 of the Public Utility Regulatory Policies Act of 

12 1978 (16 U.S.C. 2602). 

13 (6) FEDERAL-AID SYSTEM OF HIGHWAYS.—The 

14 term ‘‘Federal-aid system of highways’’ means a 

15 highway system described in section 103 of title 23, 

16 United States Code. 

17 (7) PLUG-IN ELECTRIC DRIVE VEHICLE.—The 

18 term ‘‘plug-in electric drive vehicle’’ has the meaning 

19 given the term in section 131(a)(5) of the Energy 

20 Independence and Security Act of 2007 (42 U.S.C. 

21 17011(a)(5)). 

22 (8) PRIZE.—The term ‘‘Prize’’ means the Ad23 vanced Batteries for Tomorrow Prize established by 

24 section 322. 


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1 (9) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Energy. 

3 (10) TASK FORCE.—The term ‘‘Task Force’’ 

4 means the Plug-in Electric Drive Vehicle Inter5 agency Task Force established by section 335. 

6 (b) DEFINITION OF PLUG-IN ELECTRIC DRIVE VEHI7 CLE.—Section 131(a)(5) of the Energy Independence and 

8 Security Act of 2007 (42 U.S.C. 17011(a)(5)) is amend9 ed— 

10 (1) by redesignating subparagraphs (A), (B), 

11 and (C) as clauses (i), (ii), and (iii), respectively, 

12 and indenting appropriately; 

13 (2) by striking ‘‘means a vehicle that—’’ and 

14 inserting ‘‘means— 

15 ‘‘(A) a vehicle that—’’; 

16 (3) in subparagraph (A)(iii) (as so redesig17 nated), by striking the period at the end and insert18 ing ‘‘; and’’; and 

19 (4) by adding at the end the following: 

20 ‘‘(B) any other motor vehicle— 

21 ‘‘(i) for which the motive electric 

22 power can be recharged from an external 

23 source of power; and 

24 ‘‘(ii) that has a maximum speed of 

25 greater than 25 miles per hour.’’. 


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1 Subtitle A—National Plug-In Elec2 tric Drive Vehicle Deployment 

3 Program 

4 SEC. 311. NATIONAL PLUG-IN ELECTRIC DRIVE VEHICLE 

5 DEPLOYMENT PROGRAM. 

6 (a) IN GENERAL.—There is established within the 

7 Department of Energy a national plug-in electric drive ve8 hicle deployment program for the purpose of assisting in 

9 the deployment of plug-in electric drive vehicles. 

10 (b) GOALS.—The goals of the national program de11 scribed in subsection (a) include— 

12 (1) the reduction and displacement of petro13 leum use by accelerating the deployment of plug-in 

14 electric drive vehicles in the United States; 

15 (2) the reduction of greenhouse gas emissions 

16 by accelerating the deployment of plug-in electric 

17 drive vehicles in the United States; 

18 (3) the facilitation of the rapid deployment of 

19 plug-in electric drive vehicles, particularly into the 

20 mainstream consumer market; 

21 (4) the achievement of significant market pene22 trations by plug-in electric drive vehicles nationally; 

23 (5) the establishment of models for the rapid 

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1 tial, private, and publicly available charging infra2 structure; 

3 (6) the increase of consumer knowledge and ac4 ceptance of plug-in electric drive vehicles; 

5 (7) the encouragement of the innovation and in6 vestment necessary to achieve mass market deploy7 ment of plug-in electric drive vehicles; 

8 (8) the facilitation of the integration of plug-in 

9 electric drive vehicles into electricity distribution sys10 tems and the larger electric grid while maintaining 

11 grid system performance and reliability; 

12 (9) the provision of technical assistance to com13 munities across the United States to prepare for 

14 plug-in electric drive vehicles; and 

15 (10) the support of workforce training across 

16 the United States relating to plug-in electric drive 

17 vehicles. 

18 (c) DUTIES.—In carrying out this subtitle, the Sec19 retary shall— 

20 (1) provide technical assistance to State, local, 

21 and tribal governments that want to create deploy22 ment programs for plug-in electric drive vehicles in 

23 the communities over which the governments have 

24 jurisdiction; 


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1 (2) perform national assessments of the poten2 tial deployment of plug-in electric drive vehicles 

3 under section 312; 

4 (3) synthesize and disseminate data from the 

5 deployment of plug-in electric drive vehicles; 

6 (4) develop best practices for the successful de7 ployment of plug-in electric drive vehicles; 

8 (5) carry out workforce training under section 

9 314; 

10 (6) establish the targeted plug-in electric drive 

11 vehicle deployment communities program under sec12 tion 316; and 

13 (7) in conjunction with the Task Force, make 

14 recommendations to Congress and the President on 

15 methods to reduce the barriers to plug-in electric 

16 drive vehicle deployment. 

17 (d) REPORT.—Not later than 18 months after the 

18 date of enactment of this Act and biennially thereafter, 

19 the Secretary shall submit to the appropriate committees 

20 of Congress a report on the progress made in imple21 menting the national program described in subsection (a) 

22 that includes— 

23 (1) a description of the progress made by— 

24 (A) the technical assistance program under 

25 section 313; and 


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1 (B) the workforce training program under 

2 section 314; and 

3 (2) any updated recommendations of the Sec4 retary for changes in Federal programs to promote 

5 the purposes of this subtitle. 

6 (e) NATIONAL INFORMATION CLEARINGHOUSE.— 

7 The Secretary shall make available to the public, in a 

8 timely manner, information regarding— 

9 (1) the cost, performance, usage data, and tech10 nical data regarding plug-in electric drive vehicles 

11 and associated infrastructure, including information 

12 from the deployment communities established under 

13 section 316; and 

14 (2) any other educational information that the 

15 Secretary determines to be appropriate. 

16 SEC. 312. NATIONAL ASSESSMENT AND PLAN. 

17 (a) IN GENERAL.—The Secretary shall carry out a 

18 national assessment and develop a national plan for plug19 in electric drive vehicle deployment that includes— 

20 (1) an assessment of the maximum feasible de21 ployment of plug-in electric drive vehicles by 2020 

22 and 2030; 

23 (2) the establishment of national goals for mar24 ket penetration of plug-in electric drive vehicles by 

25 2020 and 2030; 


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1 (3) a plan for providing technical assistance to 

2 communities across the United States to prepare for 

3 plug-in electric drive vehicle deployment; 

4 (4) a plan for quantifying the reduction in pe5 troleum consumption and the net impact on green6 house gas emissions due to the deployment of plug7 in electric drive vehicles; 

8 (5) in consultation with the Task Force, any 

9 recommendations to the President and to Congress 

10 for changes in Federal programs (including laws, 

11 regulations, and guidelines)— 

12 (A) to better promote the deployment of 

13 plug-in electric drive vehicles; and 

14 (B) to reduce barriers to the deployment of 

15 plug-in electric drive vehicles; and 

16 (6) a plan for integrating the successes and 

17 barriers to deployment identified by the deployment 

18 communities program established under section 316 

19 to prepare communities across the United States for 

20 the rapid deployment of plug-in electric drive vehi21 cles; 

22 (b) TIMING.— 

23 (1) INITIAL DRAFT.—Not later than 1 year 

24 after the date of enactment of this Act, the Sec25 retary shall complete an initial draft of the national 


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1 plan that includes the matters described in para2 graphs (1) through (5) of subsection (a). 

3 (2) FINAL VERSION.—Not later than 18 

4 months after the date of enactment of this Act, the 

5 Secretary shall complete a final version of the na6 tional plan that includes the matters described in 

7 paragraphs (1) through (6) of subsection (a). 

8 (c) UPDATES.—Not later than 2 years after the date 

9 of development of the plan described in subsection (a), and 

10 not less frequently than once every 2 years thereafter, the 

11 Secretary shall use market data and information from the 

12 targeted plug-in electric drive vehicle deployment commu13 nities program established under section 316 and other 

14 relevant data to update the plan to reflect real world mar15 ket conditions. 

16 SEC. 313. TECHNICAL ASSISTANCE. 

17 (a) TECHNICAL ASSISTANCE TO STATE, LOCAL, AND

18 TRIBAL GOVERNMENTS.— 

19 (1) IN GENERAL.—In carrying out this subtitle, 

20 the Secretary shall provide, at the request of the 

21 Governor, Mayor, county executive, or the designee 

22 of such an official, technical assistance to State, 

23 local, and tribal governments to assist with the de24 ployment of plug-in electric drive vehicles. 


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1 (2) REQUIREMENTS.—The technical assistance 

2 described in paragraph (1) shall include— 

3 (A) training on codes and standards for 

4 building and safety inspectors; 

5 (B) training on best practices for expe6 diting permits and inspections; 

7 (C) education and outreach on frequently 

8 asked questions relating to the various types of 

9 plug-in electric drive vehicles and associated in10 frastructure, battery technology, and disposal; 

11 and 

12 (D) the dissemination of information re13 garding best practices for the deployment of 

14 plug-in electric drive vehicles. 

15 (3) PRIORITY.—In providing technical assist16 ance under this subsection, the Secretary shall give 

17 priority to— 

18 (A) communities that have established 

19 public and private partnerships, including part20 nerships comprised of— 

21 (i) elected and appointed officials 

22 from each of the participating State, local, 

23 and tribal governments; 

24 (ii) relevant generators and distribu25 tors of electricity; 


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1 (iii) public utility commissions; 

2 (iv) departments of public works and 

3 transportation; 

4 (v) owners and operators of property 

5 that will be essential to the deployment of 

6 a sufficient level of publicly available 

7 charging infrastructure (including privately 

8 owned parking lots or structures and com9 mercial entities with public access loca10 tions); 

11 (vi) plug-in electric drive vehicle man12 ufacturers or retailers; 

13 (vii) third-party providers of charging 

14 infrastructure or services; 

15 (viii) owners of any major fleet that 

16 will participate in the program; 

17 (ix) as appropriate, owners and opera18 tors of regional electric power distribution 

19 and transmission facilities; and 

20 (x) other existing community coali21 tions recognized by the Department of En22 ergy; 

23 (B) communities that, as determined by 

24 the Secretary, have best demonstrated that the 

25 public is likely to embrace plug-in electric drive 


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1 vehicles, giving particular consideration to com2 munities that— 

3 (i) have documented waiting lists to 

4 purchase plug-in electric drive vehicles; 

5 (ii) have developed projections of the 

6 quantity of plug-in electric drive vehicles 

7 supplied to dealers; and 

8 (iii) have assessed the quantity of 

9 charging infrastructure installed or for 

10 which permits have been issued; 

11 (C) communities that have shown a com12 mitment to serving diverse consumer charging 

13 infrastructure needs, including the charging in14 frastructure needs for single- and multi-family 

15 housing and public and privately owned com16 mercial infrastructure; and 

17 (D) communities that have established reg18 ulatory and educational efforts to facilitate con19 sumer acceptance of plug-in electric drive vehi20 cles, including by— 

21 (i) adopting (or being in the process 

22 of adopting) streamlined permitting and 

23 inspections processes for residential charg24 ing infrastructure; and 


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1 (ii) providing customer informational 

2 resources, including providing plug-in elec3 tric drive information on community or 

4 other Web sites. 

5 (4) BEST PRACTICES.—The Secretary shall col6 lect and disseminate information to State, local, and 

7 tribal governments creating plans to deploy plug-in 

8 electric drive vehicles on best practices (including 

9 codes and standards) that uses data from— 

10 (A) the program established by section 

11 316; 

12 (B) the activities carried out by the Task 

13 Force; and 

14 (C) existing academic and industry studies 

15 of the factors that contribute to the successful 

16 deployment of new technologies, particularly 

17 studies relating to alternative fueled vehicles. 

18 (5) GRANTS.— 

19 (A) IN GENERAL.—The Secretary shall es20 tablish a program to provide grants to State, 

21 local, and tribal governments or to partnerships 

22 of government and private entities to assist the 

23 governments and partnerships— 

24 (i) in preparing a community deploy25 ment plan under section 316; and 


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1 (ii) in preparing and implementing 

2 programs that support the deployment of 

3 plug-in electric drive vehicles. 

4 (B) APPLICATION.—A State, local, or trib5 al government that seeks to receive a grant 

6 under this paragraph shall submit to the Sec7 retary an application for the grant at such 

8 time, in such form, and containing such infor9 mation as the Secretary may prescribe. 

10 (C) USE OF FUNDS.—A State, local, or 

11 tribal government receiving a grant under this 

12 paragraph shall use the funds— 

13 (i) to develop a community deploy14 ment plan that shall be submitted to the 

15 next available competition under section 

16 316; and 

17 (ii) to carry out activities that encour18 age the deployment of plug-in electric drive 

19 vehicles including— 

20 (I) planning for and installing 

21 charging infrastructure, particularly 

22 to develop and demonstrate diverse 

23 and cost-effective planning, installa24 tion, and operations options for de25 ployment of single family and multiVerDate Mar 15 2010 03:10 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1294.IS S1294

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1 family residential, workplace, and 

2 publicly available charging infrastruc3 ture; 

4 (II) updating building, zoning, or 

5 parking codes and permitting or in6 spection processes; 

7 (III) workforce training, includ8 ing the training of permitting offi9 cials; 

10 (IV) public education described 

11 in the proposed marketing plan; 

12 (V) supplementing (and not sup13 planting) the number of plug-in elec14 tric drive vehicles that are purchased 

15 by State, local, and tribal govern16 ments; and 

17 (VI) any other activities, as de18 termined to be necessary by the Sec19 retary. 

20 (D) CRITERIA.—The Secretary shall de21 velop and publish criteria for the selection of 

22 technical assistance grants, including require23 ments for the submission of applications under 

24 this paragraph. 


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1 (b) UPDATING MODEL BUILDING CODES, PERMIT2 TING AND INSPECTION PROCESSES, AND ZONING OR

3 PARKING RULES.— 

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

5 the date of enactment of this Act, the Secretary, in 

6 consultation with the American Society of Heating, 

7 Refrigerating and Air-Conditioning Engineers, the 

8 International Code Council, and any other organiza9 tions that the Secretary determines to be appro10 priate, shall develop and publish guidance for— 

11 (A) model building codes for the inclusion 

12 of separate circuits for charging infrastructure, 

13 as appropriate, in new construction and major 

14 renovations of private residences, buildings, or 

15 other structures that could provide publicly 

16 available charging infrastructure; 

17 (B) model construction permitting or in18 spection processes that allow for the expedited 

19 installation of charging infrastructure for pur20 chasers of plug-in electric drive vehicles (includ21 ing a permitting process that allows a vehicle 

22 purchaser to have charging infrastructure in23 stalled not later than 1 week after a request); 

24 and 


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1 (C) model zoning, parking rules, or other 

2 local ordinances that— 

3 (i) facilitate the installation of pub4 licly available charging infrastructure, in5 cluding commercial entities that provide 

6 public access to infrastructure; and 

7 (ii) allow for access to publicly avail8 able charging infrastructure. 

9 (2) OPTIONAL ADOPTION.—An applicant for se10 lection for technical assistance under this section or 

11 as a deployment community under section 316 shall 

12 not be required to use the model building codes, per13 mitting and inspection processes, or zoning, parking 

14 rules, or other ordinances included in the report 

15 under paragraph (1). 

16 (3) SMART GRID INTEGRATION.—In developing 

17 the model codes or ordinances described in para18 graph (1), the Secretary shall consider smart grid 

19 integration. 

20 SEC. 314. WORKFORCE TRAINING. 

21 (a) MAINTENANCE AND SUPPORT.— 

22 (1) IN GENERAL.—The Secretary, in consulta23 tion with the Committee and the Task Force, shall 

24 award grants to institutions of higher education and 

25 other qualified training and education institutions 


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1 for the establishment of programs to provide train2 ing and education for vocational workforce develop3 ment through centers of excellence. 

4 (2) PURPOSE.—Training funded under this 

5 subsection shall be intended to ensure that the work6 force has the necessary skills needed to work on and 

7 maintain, and provide emergency assistance relating 

8 to, plug-in electric drive vehicles and the infrastruc9 ture required to support plug-in electric drive vehi10 cles. 

11 (3) SCOPE.—Training funded under this sub12 section shall include training for— 

13 (A) first responders; 

14 (B) electricians and contractors who will 

15 be installing infrastructure; 

16 (C) engineers; 

17 (D) code inspection officials; and 

18 (E) dealers and mechanics. 

19 (b) DESIGN.—The Secretary shall award grants to 

20 institutions of higher education and other qualified train21 ing and education institutions for the establishment of 

22 programs to provide training and education in designing 

23 plug-in electric drive vehicles and associated components 

24 and infrastructure to ensure that the United States can 

25 lead the world in this field. 


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1 SEC. 315. FEDERAL FLEETS. 

2 (a) IN GENERAL.—Electricity consumed by Federal 

3 agencies to fuel plug-in electric drive vehicles— 

4 (1) is an alternative fuel (as defined in section 

5 301 of the Energy Policy Act of 1992 (42 U.S.C. 

6 13218)); and 

7 (2) shall be accounted for under Federal fleet 

8 management reporting requirements, not under Fed9 eral building management reporting requirements. 

10 (b) ASSESSMENT AND REPORT.—Not later than 180 

11 days after the date of enactment of this Act and every 

12 3 years thereafter, the Federal Energy Management Pro13 gram of the Department of Energy and the General Serv14 ices Administration, in consultation with the Task Force, 

15 shall complete an assessment of Federal Government 

16 fleets, including the Postal Service and the Department 

17 of Defense, and submit a report to Congress that de18 scribes— 

19 (1) for each Federal agency, which types of ve20 hicles the agency uses that would or would not be 

21 suitable for near-term and medium-term conversion 

22 to plug-in electric drive vehicles, taking into account 

23 the types of vehicles for which plug-in electric drive 

24 vehicles could provide comparable functionality and 

25 lifecycle costs; 


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1 (2) how many plug-in electric drive vehicles 

2 could be deployed by the Federal Government in 5 

3 years and in 10 years, assuming that plug-in electric 

4 drive vehicles are available and are purchased when 

5 new vehicles are needed or existing vehicles are re6 placed; 

7 (3) the estimated cost to the Federal Govern8 ment for vehicle purchases under paragraph (2); and 

9 (4) a description of any updates to the assess10 ment based on new market data. 

11 (c) INVENTORY AND DATA COLLECTION.— 

12 (1) IN GENERAL.—In carrying out the assess13 ment and report under subsection (b), the Federal 

14 Energy Management Program, in consultation with 

15 the General Services Administration, shall— 

16 (A) develop an information request for 

17 each agency that operates a fleet of at least 20 

18 motor vehicles; and 

19 (B) establish guidelines for each agency to 

20 use in developing a plan to deploy plug-in elec21 tric drive vehicles. 

22 (2) AGENCY RESPONSES.—Each agency that 

23 operates a fleet of at least 20 motor vehicles shall— 


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1 (A) collect information on the vehicle fleet 

2 of the agency in response to the information re3 quest described in paragraph (1); and 

4 (B) develop a plan to deploy plug-in elec5 tric drive vehicles. 

6 (3) ANALYSIS OF RESPONSES.—The Federal 

7 Energy Management Program shall— 

8 (A) analyze the information submitted by 

9 each agency under paragraph (2); 

10 (B) approve or suggest amendments to the 

11 plan of each agency to ensure that the plan is 

12 consistent with the goals and requirements of 

13 this title; and 

14 (C) submit a plan to Congress and the 

15 General Services Administration to be used in 

16 developing the pilot program described in sub17 section (e). 

18 (d) BUDGET REQUEST.—Each agency of the Federal 

19 Government shall include plug-in electric drive vehicle pur20 chases identified in the report under subsection (b) in the 

21 budget of the agency to be included in the budget of the 

22 United States Government submitted by the President 

23 under section 1105 of title 31, United States Code. 

24 (e) PILOT PROGRAM TO DEPLOY PLUG-IN ELECTRIC

25 DRIVE VEHICLES IN THE FEDERAL FLEET.— 


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1 (1) IN GENERAL.—The Administrator of Gen2 eral Services shall acquire plug-in electric drive vehi3 cles and the requisite charging infrastructure to be 

4 deployed in a range of locations in Federal Govern5 ment fleets, which may include the United States 

6 Postal Service and the Department of Defense, dur7 ing the 5-year period beginning on the date of enact8 ment of this Act. 

9 (2) DATA COLLECTION.—The Administrator of 

10 General Services shall collect data regarding— 

11 (A) the cost, performance, and use of plug12 in electric drive vehicles in the Federal fleet; 

13 (B) the deployment and integration of 

14 plug-in electric drive vehicles in the Federal 

15 fleet; and 

16 (C) the contribution of plug-in electric 

17 drive vehicles in the Federal fleet toward reduc18 ing the use of fossil fuels and greenhouse gas 

19 emissions. 

20 (3) REPORT.—Not later than 6 years after the 

21 date of enactment of this Act, the Administrator of 

22 General Services shall submit to the appropriate 

23 committees of Congress a report that— 

24 (A) describes the status of plug-in electric 

25 drive vehicles in the Federal fleet; and 


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1 (B) includes an analysis of the data col2 lected under this subsection. 

3 (4) PUBLIC WEB SITE.—The Federal Energy 

4 Management Program shall maintain and regularly 

5 update a publicly available Web site that provides in6 formation on the status of plug-in electric drive vehi7 cles in the Federal fleet. 

8 (f) ACQUISITION PRIORITY.—Section 507(g) of the 

9 Energy Policy Act of 1992 (42 U.S.C. 13257(g)) is 

10 amended by adding at the end the following: 

11 ‘‘(5) PRIORITY.—The Secretary shall, to the 

12 maximum extent practicable, prioritize the acquisi13 tion of plug-in electric drive vehicles (as defined in 

14 section 131(a) of the Energy Independence and Se15 curity Act of 2007 (42 U.S.C. 17011(a)) over non16 electric alternative fueled vehicles.’’. 

17 (g) MAXIMUM PURCHASE PRICE OF MOTOR VEHI18 CLE.—Section 702 of the Consolidated Appropriations 

19 Act, 2010 (31 U.S.C. 1343 note; Public Law 111–117) 

20 is amended— 

21 (1) by striking ‘‘section 16 of the Act of August 

22 2, 1946 (60 Stat. 810),’’ and inserting ‘‘section 

23 1343(c) of title 31, United States Code,’’; and 

24 (2) by inserting before the period at the end the 

25 following: ‘‘: Provided further, That the limits set 


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1 forth in this section shall not apply to any vehicle 

2 that is a commercial vehicle and that operates using 

3 an emerging motor vehicle technology, including 

4 plug-in hybrid electric and hydrogen fuel cell vehi5 cles’’. 

6 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated for the Federal Govern8 ment to pay for incremental costs to purchase or lease 

9 plug-in electric drive vehicles and the requisite charging 

10 infrastructure for Federal fleets such sums as are nec11 essary. 

12 SEC. 316. TARGETED PLUG-IN ELECTRIC DRIVE VEHICLE 

13 DEPLOYMENT COMMUNITIES PROGRAM. 

14 (a) ESTABLISHMENT.— 

15 (1) IN GENERAL.—There is established within 

16 the national plug-in electric drive deployment pro17 gram established under section 311 a targeted plug18 in electric drive vehicle deployment communities pro19 gram (referred to in this section as the ‘‘Program’’). 

20 (2) EXISTING ACTIVITIES.—In carrying out the 

21 Program, the Secretary shall coordinate and supple22 ment, not supplant, any ongoing plug-in electric 

23 drive deployment activities under section 131 of the 

24 Energy Independence and Security Act of 2007 (42 

25 U.S.C. 17011). 


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1 (3) DEPLOYMENT.— 

2 (A) IN GENERAL.—The Secretary shall es3 tablish a competitive process to select deploy4 ment communities for the Program. 

5 (B) ELIGIBLE ENTITIES.—In selecting 

6 participants for the Program under paragraph 

7 (1), the Secretary shall only consider applica8 tions submitted by State, tribal, or local govern9 ment entities (or groups of State, tribal, or 

10 local government entities). 

11 (C) SELECTION.—Not later than 1 year 

12 after the date of enactment of this Act and not 

13 later than 1 year after the date on which any 

14 subsequent amounts are appropriated for the 

15 Program, the Secretary shall select the deploy16 ment communities under this paragraph. 

17 (D) TERMINATION.—The Program shall be 

18 carried out for a 3-year period beginning on the 

19 date funding under this title is first provided to 

20 the deployment community. 

21 (b) GOALS.—The goals of the Program are— 

22 (1) to facilitate the rapid deployment of plug23 in electric drive vehicles, including— 


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1 (A) the deployment of 400,000 plug-in 

2 electric drive vehicles in the deployment commu3 nities selected under paragraph (2); 

4 (B) the near-term achievement of signifi5 cant market penetration in deployment commu6 nities; and 

7 (C) supporting the achievement of signifi8 cant market penetration nationally; 

9 (2) to establish models for the rapid deployment 

10 of plug-in electric drive vehicles nationally, including 

11 for the deployment of single-family and multifamily 

12 residential, workplace, and publicly available charg13 ing infrastructure; 

14 (3) to increase consumer knowledge and accept15 ance of, and exposure to, plug-in electric drive vehi16 cles; 

17 (4) to encourage the innovation and investment 

18 necessary to achieve mass market deployment of 

19 plug-in electric drive vehicles; 

20 (5) to demonstrate the integration of plug-in 

21 electric drive vehicles into electricity distribution sys22 tems and the larger electric grid while maintaining 

23 or improving grid system performance, security, and 

24 reliability; 


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1 (6) to demonstrate protocols and communica2 tion standards that facilitate vehicle integration into 

3 the grid and provide seamless charging for con4 sumers traveling through multiple utility distribution 

5 systems; 

6 (7) to investigate differences among deployment 

7 communities and to develop best practices for imple8 menting vehicle electrification in various commu9 nities, including best practices for planning for and 

10 facilitating the construction of residential, work11 place, and publicly available infrastructure to sup12 port plug-in electric drive vehicles; 

13 (8) to collect comprehensive data on the pur14 chase and use of plug-in electric drive vehicles, in15 cluding charging profile data at unit and aggregate 

16 levels, to inform best practices for rapidly deploying 

17 plug-in electric drive vehicles in other locations, in18 cluding for the installation of charging infrastruc19 ture; 

20 (9) to reduce and displace petroleum use and 

21 reduce greenhouse gas emissions by accelerating the 

22 deployment of plug-in electric drive vehicles in the 

23 United States; and 

24 (10) to increase domestic manufacturing capac25 ity and commercialization in a manner that will esVerDate Mar 15 2010 03:10 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S1294.IS S1294

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1 tablish the United States as a world leader in plug2 in electric drive vehicle technologies. 

3 (c) DEPLOYMENT COMMUNITY SELECTION CRI4 TERIA.— 

5 (1) IN GENERAL.—The Secretary shall ensure, 

6 to the maximum extent practicable, that selected de7 ployment communities serve as models of deploy8 ment for various communities across the United 

9 States. 

10 (2) SELECTION.—In selecting communities 

11 under this section, the Secretary— 

12 (A) shall ensure, to the maximum extent 

13 practicable, that— 

14 (i) the combination of selected com15 munities is diverse in population, popu16 lation density, demographics, urban and 

17 suburban composition, typical commuting 

18 patterns, climate, and type of utility (in19 cluding investor-owned, publicly-owned, co20 operatively-owned, distribution-only, and 

21 vertically integrated utilities); 

22 (ii) the combination of selected com23 munities is diverse in geographic distribu24 tion, and at least 1 deployment community 


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1 is located in each Petroleum Administra2 tion for Defense District; 

3 (iii) at least 1 community selected has 

4 a population of less than 500,000; 

5 (iv) grants are of a sufficient amount 

6 such that each deployment community will 

7 achieve significant market penetration, 

8 particularly into the mainstream consumer 

9 market; and 

10 (v) the deployment communities are 

11 representative of other communities across 

12 the United States; 

13 (B) is encouraged to select a combination 

14 of deployment communities that includes mul15 tiple models or approaches for deploying plug16 in electric drive vehicles that the Secretary be17 lieves are reasonably likely to be effective, in18 cluding multiple approaches to the deployment 

19 of charging infrastructure; 

20 (C) in addition to the criteria described in 

21 subparagraph (A), may give preference to appli22 cants proposing a greater non-Federal cost 

23 share; and 

24 (D) when considering deployment commu25 nity plans, shall take into account previous DeVerDate Mar 15 2010 03:10 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S1294.IS S1294

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1 partment of Energy and other Federal invest2 ments to ensure that the maximum domestic 

3 benefit from Federal investments is realized. 

4 (3) CRITERIA.— 

5 (A) IN GENERAL.—Not later than 120 

6 days after the date of enactment of this Act, 

7 and not later than 90 days after the date on 

8 which any subsequent amounts are appro9 priated for the Program, the Secretary shall 

10 publish criteria for the selection of deployment 

11 communities that include requirements that ap12 plications be submitted by a State, tribal, or 

13 local government entity (or groups of State, 

14 tribal, or local government entities). 

15 (B) APPLICATION REQUIREMENTS.—The 

16 criteria published by the Secretary under sub17 paragraph (A) shall include application require18 ments that, at a minimum, include— 

19 (i) achievable goals and methodologies 

20 for— 

21 (I) the number of plug-in electric 

22 drive vehicles to be deployed in the 

23 community; 


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1 (II) the expected percentage of 

2 light-duty vehicle sales that would be 

3 sales of plug-in electric drive vehicles; 

4 (III) the adoption of plug-in elec5 tric drive vehicles (including medium6 or heavy-duty vehicles) in private and 

7 public fleets during the 3-year dura8 tion of the Program; and 

9 (IV) a method to generate rev10 enue to maintain the infrastructure 

11 investments made by the Program 

12 after the termination of the Program; 

13 (ii) data that demonstrate that— 

14 (I) the public is likely to embrace 

15 plug-in electric drive vehicles, which 

16 may include— 

17 (aa) the quantity of plug-in 

18 electric drive vehicles purchased; 

19 (bb) the number of individ20 uals on a waiting list to purchase 

21 a plug-in electric drive vehicle; 

22 (cc) projections of the quan23 tity of plug-in electric drive vehi24 cles supplied to dealers; and 


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1 (dd) any assessment of the 

2 quantity of charging infrastruc3 ture installed or for which per4 mits have been issued; and 

5 (II) automobile manufacturers 

6 and dealers will be able to provide and 

7 service the targeted number of plug-in 

8 electric drive vehicles in the commu9 nity for the duration of the program; 

10 (iii) clearly defined geographic bound11 aries of the proposed deployment area; 

12 (iv) a community deployment plan for 

13 the deployment of plug-in electric drive ve14 hicles, charging infrastructure, and serv15 ices in the deployment community; 

16 (v) assurances that a majority of the 

17 vehicle deployments anticipated in the plan 

18 will be personal vehicles authorized to trav19 el on the United States Federal-aid system 

20 of highways, and secondarily, private or 

21 public sector plug-in electric drive fleet ve22 hicles, but may also include— 

23 (I) private or public sector plug24 in electric drive fleet vehicles; 


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1 (II) medium- and heavy-duty 

2 plug-in hybrid vehicles; and 

3 (III) any other plug-in electric 

4 drive vehicle authorized to travel on 

5 the United States Federal-aid system 

6 of highways; and 

7 (vi) any other merit-based criteria, as 

8 determined by the Secretary. 

9 (4) COMMUNITY DEPLOYMENT PLANS.—Plans 

10 for the deployment of plug-in electric drive vehicles 

11 shall include— 

12 (A) a proposed level of cost sharing in ac13 cordance with subsection (d)(2)(C); 

14 (B) documentation demonstrating a sub15 stantial partnership with relevant stakeholders, 

16 including— 

17 (i) a list of stakeholders that in18 cludes— 

19 (I) elected and appointed officials 

20 from each of the participating State, 

21 local, and tribal governments; 

22 (II) all relevant generators and 

23 distributors of electricity; 

24 (III) State utility regulatory au25 thorities; 


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1 (IV) departments of public works 

2 and transportation; 

3 (V) owners and operators of 

4 property that will be essential to the 

5 deployment of a sufficient level of 

6 publicly available charging infrastruc7 ture (including privately owned park8 ing lots or structures and commercial 

9 entities with public access locations); 

10 (VI) plug-in electric drive vehicle 

11 manufacturers or retailers; 

12 (VII) third-party providers of 

13 residential, workplace, private, and 

14 publicly available charging infrastruc15 ture or services; 

16 (VIII) owners of any major fleet 

17 that will participate in the program; 

18 (IX) as appropriate, owners and 

19 operators of regional electric power 

20 distribution and transmission facili21 ties; and 

22 (X) as appropriate, other existing 

23 community coalitions recognized by 

24 the Department of Energy; 


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1 (ii) evidence of the commitment of the 

2 stakeholders to participate in the partner3 ship; 

4 (iii) a clear description of the role and 

5 responsibilities of each stakeholder; and 

6 (iv) a plan for continuing the engage7 ment and participation of the stakeholders, 

8 as appropriate, throughout the implemen9 tation of the deployment plan; 

10 (C) a description of the number of plug-in 

11 electric drive vehicles anticipated to be plug-in 

12 electric drive personal vehicles and the number 

13 of plug-in electric drive vehicles anticipated to 

14 be privately owned fleet or public fleet vehicles; 

15 (D) a plan for deploying residential, work16 place, private, and publicly available charging 

17 infrastructure, including— 

18 (i) an assessment of the number of 

19 consumers who will have access to private 

20 residential charging infrastructure in sin21 gle-family or multifamily residences; 

22 (ii) options for accommodating plug-in 

23 electric drive vehicle owners who are not 

24 able to charge vehicles at their place of 

25 residence; 


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1 (iii) an assessment of the number of 

2 consumers who will have access to work3 place charging infrastructure; 

4 (iv) a plan for ensuring that the 

5 charging infrastructure or plug-in electric 

6 drive vehicle be able to send and receive 

7 the information needed to interact with the 

8 grid and be compatible with smart grid 

9 technologies to the extent feasible; 

10 (v) an estimate of the number and 

11 distribution of publicly and privately owned 

12 charging stations that will be publicly or 

13 commercially available; 

14 (vi) an estimate of the quantity of 

15 charging infrastructure that will be pri16 vately funded or located on private prop17 erty; and 

18 (vii) a description of equipment to be 

19 deployed, including assurances that, to the 

20 maximum extent practicable, equipment to 

21 be deployed will meet open, nonproprietary 

22 standards for connecting to plug-in electric 

23 drive vehicles that are either— 


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1 (I) commonly accepted by indus2 try at the time the equipment is being 

3 acquired; or 

4 (II) meet the standards developed 

5 by the Director of the National Insti6 tute of Standards and Technology 

7 under section 1305 of the Energy 

8 Independence and Security Act of 

9 2007 (42 U.S.C. 17385); 

10 (E) a plan for effective marketing of and 

11 consumer education relating to plug-in electric 

12 drive vehicles, charging services, and infrastruc13 ture; 

14 (F) descriptions of updated building codes 

15 (or a plan to update building codes before or 

16 during the grant period) to include charging in17 frastructure or dedicated circuits for charging 

18 infrastructure, as appropriate, in new construc19 tion and major renovations; 

20 (G) descriptions of updated construction 

21 permitting or inspection processes (or a plan to 

22 update construction permitting or inspection 

23 processes) to allow for expedited installation of 

24 charging infrastructure for purchasers of plug25 in electric drive vehicles, including a permitting 


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1 process that allows a vehicle purchaser to have 

2 charging infrastructure installed in a timely 

3 manner; 

4 (H) descriptions of updated zoning, park5 ing rules, or other local ordinances as are nec6 essary to facilitate the installation of publicly 

7 available charging infrastructure and to allow 

8 for access to publicly available charging infra9 structure, as appropriate; 

10 (I) descriptions of incentives for residents 

11 in a deployment community who purchase and 

12 register a new plug-in electric drive vehicle, in 

13 addition to any Federal incentives, including— 

14 (i) a rebate of part of the purchase 

15 price of the vehicle; 

16 (ii) reductions in sales taxes or reg17 istration fees; 

18 (iii) rebates or reductions in the costs 

19 of permitting, purchasing, or installing 

20 home plug-in electric drive vehicle charging 

21 infrastructure; and 

22 (iv) rebates or reductions in State or 

23 local toll road access charges; 

24 (J) additional consumer benefits, such as 

25 preferred parking spaces or single-rider access 


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1 to high-occupancy vehicle lanes for plug-in elec2 tric drive vehicles; 

3 (K) a proposed plan for making necessary 

4 utility and grid upgrades, including economi5 cally sound and cybersecure information tech6 nology upgrades and employee training, and a 

7 plan for recovering the cost of the upgrades; 

8 (L) a description of utility, grid operator, 

9 or third-party charging service provider, policies 

10 and plans for accommodating the deployment of 

11 plug-in electric drive vehicles, including— 

12 (i) rate structures or provisions and 

13 billing protocols for the charging of plug14 in electric drive vehicles; 

15 (ii) analysis of potential impacts to 

16 the grid; 

17 (iii) plans for using information tech18 nology or third-party aggregators— 

19 (I) to minimize the effects of 

20 charging on peak loads; 

21 (II) to enhance reliability; and 

22 (III) to provide other grid bene23 fits; 

24 (iv) plans for working with smart grid 

25 technologies or third-party aggregators for 


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1 the purposes of smart charging and for al2 lowing 2-way communication; 

3 (M) a deployment timeline; 

4 (N) a plan for monitoring and evaluating 

5 the implementation of the plan, including 

6 metrics for assessing the success of the deploy7 ment and an approach to updating the plan, as 

8 appropriate; and 

9 (O) a description of the manner in which 

10 any grant funds applied for under subsection 

11 (d) will be used and the proposed local cost 

12 share for the funds. 

13 (d) APPLICATIONS AND GRANTS.— 

14 (1) APPLICATIONS.— 

15 (A) IN GENERAL.—Not later than 150 

16 days after the date of publication by the Sec17 retary of selection criteria described in sub18 section (c)(3), any State, tribal, or local govern19 ment, or group of State, tribal, or local govern20 ments may apply to the Secretary to become a 

21 deployment community. 

22 (B) JOINT SPONSORSHIP.— 

23 (i) IN GENERAL.—An application sub24 mitted under subparagraph (A) may be 

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1 mobile manufacturers, technology pro2 viders, carsharing companies or organiza3 tions, third-party plug-in electric drive ve4 hicle service providers, or other appropriate 

5 entities. 

6 (ii) DISBURSEMENT OF GRANTS.—A 

7 grant provided under this subsection shall 

8 only be disbursed to a State, tribal, or 

9 local government, or group of State, tribal, 

10 or local governments, regardless of whether 

11 the application is jointly sponsored under 

12 clause (i). 

13 (2) GRANTS.— 

14 (A) IN GENERAL.—In each application, the 

15 applicant may request up to $250,000,000 in fi16 nancial assistance from the Secretary to fund 

17 projects in the deployment community. 

18 (B) USE OF FUNDS.—Funds provided 

19 through a grant under this paragraph may be 

20 used to help implement the plan for the deploy21 ment of plug-in electric drive vehicles included 

22 in the application, including— 

23 (i) reducing the cost and increasing 

24 the consumer adoption of plug-in electric 


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1 drive vehicles through incentives as de2 scribed in subsection (c)(4)(I); 

3 (ii) planning for and installing charg4 ing infrastructure, including offering addi5 tional incentives as described in subsection 

6 (c)(4)(I); 

7 (iii) updating building codes, zoning 

8 or parking rules, or permitting or inspec9 tion processes as described in subpara10 graphs (F), (G), and (H) of subsection 

11 (c)(4); 

12 (iv) workforce training, including 

13 training of permitting officials; 

14 (v) public education and marketing 

15 described in the proposed marketing plan; 

16 (vi) supplementing (and not sup17 planting) the number of plug-in electric 

18 drive vehicles that are purchased by State, 

19 local, and tribal governments; and 

20 (vii) necessary utility and grid up21 grades as described in subsection 

22 (c)(4)(K). 

23 (C) COST-SHARING.— 

24 (i) IN GENERAL.—A grant provided 

25 under this paragraph shall be subject to a 


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1 minimum non-Federal cost-sharing re2 quirement of 20 percent. 

3 (ii) NON-FEDERAL SOURCES.—The 

4 Secretary shall— 

5 (I) determine the appropriate 

6 cost share for each selected applicant; 

7 and 

8 (II) require that not less than 20 

9 percent of the cost of an activity fund10 ed by a grant under this paragraph be 

11 provided by a non-Federal source. 

12 (iii) REDUCTION.—The Secretary may 

13 reduce or eliminate the cost-sharing re14 quirement described in clause (i), as the 

15 Secretary determines to be necessary. 

16 (iv) CALCULATION OF AMOUNT.—In 

17 calculating the amount of the non-Federal 

18 share under this section, the Secretary— 

19 (I) may include allowable costs in 

20 accordance with the applicable cost 

21 principles, including— 

22 (aa) cash; 

23 (bb) personnel costs; 

24 (cc) the value of a service, 

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1 kind contribution determined in 

2 accordance with the applicable 

3 circular of the Office of Manage4 ment and Budget; 

5 (dd) indirect costs or facili6 ties and administrative costs; or 

7 (ee) any funds received 

8 under the power program of the 

9 Tennessee Valley Authority or 

10 any Power Marketing Adminis11 tration (except to the extent that 

12 such funds are made available 

13 under an annual appropriation 

14 Act); 

15 (II) shall include contributions 

16 made by State, tribal, or local govern17 ment entities and private entities; and 

18 (III) shall not include— 

19 (aa) revenues or royalties 

20 from the prospective operation of 

21 an activity beyond the time con22 sidered in the grant; 

23 (bb) proceeds from the pro24 spective sale of an asset of an ac25 tivity; or 


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1 (cc) other appropriated Fed2 eral funds. 

3 (v) REPAYMENT OF FEDERAL

4 SHARE.—The Secretary shall not require 

5 repayment of the Federal share of a cost6 shared activity under this section as a con7 dition of providing a grant. 

8 (vi) TITLE TO PROPERTY.—The Sec9 retary may vest title or other property in10 terests acquired under projects funded 

11 under this title in any entity, including the 

12 United States. 

13 (D) OTHER FEDERAL ASSISTANCE.—The 

14 Secretary shall consider the receipt of other 

15 Federal funds received by the applicant in de16 termining the cost share of the applicant. 

17 (3) SELECTION.—Not later than 120 days after 

18 an application deadline has been established under 

19 paragraph (1), the Secretary shall announce the 

20 names of the deployment communities selected under 

21 this subsection. 

22 (e) REPORTING REQUIREMENTS.— 

23 (1) IN GENERAL.—The Secretary, in consulta24 tion with the Committee, shall— 


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1 (A) determine what data will be required 

2 to be collected by participants in deployment 

3 communities and submitted to the Department 

4 to allow for analysis of the deployment commu5 nities; 

6 (B) provide for the protection of consumer 

7 privacy, as appropriate; and 

8 (C) develop metrics to evaluate the per9 formance of the deployment communities. 

10 (2) PROVISION OF DATA.—As a condition of 

11 participation in the Program, a deployment commu12 nity shall provide any data identified by the Sec13 retary under paragraph (1). 

14 (3) REPORTS.— 

15 (A) INTERIM REPORT.—Not later than 3 

16 years after the date of enactment of this Act, 

17 the Secretary shall submit to Congress an in18 terim report that contains— 

19 (i) a description of the status of— 

20 (I) the deployment communities 

21 and the implementation of the deploy22 ment plan of each deployment commu23 nity; 

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1 tration of plug-in electric drive vehi2 cles; and 

3 (III) the deployment of residen4 tial and publicly available infrastruc5 ture; 

6 (ii) a description of the challenges ex7 perienced and lessons learned from the 

8 program to date, including the activities 

9 described in clause (i); and 

10 (iii) an analysis of the data collected 

11 under this subsection. 

12 (B) FINAL REPORT.—On completion of the 

13 Program, the Secretary shall submit to Con14 gress a final report that contains— 

15 (i) updates on the information de16 scribed in subparagraph (A); 

17 (ii) a description of the successes and 

18 failures of the Program; 

19 (iii) recommendations on whether to 

20 promote further deployment of electric ve21 hicles; and 

22 (iv) if additional deployment commu23 nities are recommended, information on— 


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1 (I) the number of additional de2 ployment communities that should be 

3 selected; 

4 (II) the manner in which criteria 

5 for selection should be updated; 

6 (III) the manner in which incen7 tive structures for deployment should 

8 be changed; and 

9 (IV) whether other forms of on10 board energy storage for electric drive 

11 vehicles should be included. 

12 (f) PROPRIETARY INFORMATION.—The Secretary 

13 shall, as appropriate, provide for the protection of propri14 etary information and intellectual property rights. 

15 (g) CONFORMING AMENDMENT.—Section 166(b)(5) 

16 of title 23, United States Code, is amended— 

17 (1) in subparagraph (A), by striking ‘‘Before 

18 September 30, 2009, the State’’ and inserting ‘‘The 

19 State’’; and 

20 (2) in subparagraph (B), by striking ‘‘Before 

21 September 30, 2009, the State’’ and inserting ‘‘The 

22 State’’. 


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1 SEC. 317. PLUG-IN ELECTRIC DRIVE VEHICLE PRIVATE 

2 FLEET UPGRADE PROGRAM. 

3 (a) ESTABLISHMENT.—There is established within 

4 the national plug-in electric drive deployment program es5 tablished under section 311 a plug-in electric drive vehicle 

6 private fleet upgrade program (referred to in this section 

7 as the ‘‘Program’’). 

8 (b) COMPETITIVE GRANTS.— 

9 (1) IN GENERAL.—The Secretary shall establish 

10 a competitive process to select electric drive vehicle 

11 fleets for the Program to receive grants. 

12 (2) ELIGIBLE ENTITIES.—In selecting partici13 pants for the Program under paragraph (1), the 

14 Secretary shall only consider applications (including 

15 joint applications) submitted by companies that— 

16 (A) are private, nongovernmental entities; 

17 (B) are headquartered in the United 

18 States; and 

19 (C) plan to purchase, or enter into con20 tracts for hire, not less than 100 plug-in elec21 tric drive vehicles. 

22 (3) SELECTION CRITERIA.—Not later than 120 

23 days after the date of enactment of this Act, the 

24 Secretary shall publish a set of selection criteria for 

25 the grants competition that shall include— 


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1 (A) offering the highest cost-share relative 

2 to the value of the Federal grant offered under 

3 the Program; 

4 (B) to the maximum extent practicable, 

5 serving as models of deployment for other pri6 vate companies across the United States; and 

7 (C) meeting other criteria considered ap8 propriate by the Secretary. 

9 (4) APPLICATIONS AND GRANTS.— 

10 (A) IN GENERAL.—Not later than 120 

11 days after the date of publication by the Sec12 retary of the selection criteria described in 

13 paragraph (3), any company that meets the eli14 gibility criteria described in paragraph (2) may 

15 apply to the Secretary to receive a grant. 

16 (B) GRANTS.— 

17 (i) IN GENERAL.—In each application, 

18 the applicant may apply for grants of not 

19 more than $20,000,000. 

20 (ii) USE OF FUNDS.—Funds provided 

21 through a grant under this subsection may 

22 be used— 

23 (I) to purchase plug-in electric 

24 drive vehicles; 


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1 (II) to plan for and install charg2 ing infrastructure; and 

3 (III) to carry out other activities 

4 considered appropriate by the Sec5 retary. 

6 (iii) COST-SHARING.— 

7 (I) IN GENERAL.—A grant pro8 vided under this subsection shall be 

9 subject to a minimum non-Federal 

10 cost-sharing requirement of 80 per11 cent. 

12 (II) NON-FEDERAL SOURCES.— 

13 The Secretary shall— 

14 (aa) determine the appro15 priate cost share for each se16 lected applicant; and 

17 (bb) subject to subclause 

18 (III), require that not less than 

19 80 percent of the cost of an ac20 tivity funded by a grant under 

21 this subsection be provided from 

22 a non-Federal source. 

23 (III) REDUCTION.—The Sec24 retary may reduce or eliminate the 

25 cost-sharing requirement described in 


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1 subclause (I), as the Secretary deter2 mines to be necessary. 

3 (IV) REPAYMENT OF FEDERAL

4 SHARE.—The Secretary shall not re5 quire repayment of the Federal share 

6 of a cost-shared activity under this 

7 section as a condition of providing a 

8 grant. 

9 (V) TITLE TO PROPERTY.—The 

10 receipt of Federal funds under this 

11 section shall not prohibit the pur12 chaser of a vehicle, equipment, or 

13 other property from retaining sole, 

14 permanent title to the vehicle, equip15 ment, or property at the conclusion of 

16 the Program. 

17 (iv) OTHER FEDERAL ASSISTANCE.— 

18 The Secretary shall consider the receipt of 

19 other Federal funds by the applicant in de20 termining the cost share of the applicant. 

21 (C) SELECTION.—Not later than 120 days 

22 after the application deadline established under 

23 subparagraph (A), the Secretary shall announce 

24 the names of the applicants selected to receive 

25 grants under this section. 


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1 (5) REPORTING REQUIREMENTS.— 

2 (A) IN GENERAL.—The Secretary shall— 

3 (i) determine what data will be re4 quired to be collected by participants in 

5 the Program and submitted to the Sec6 retary to permit analysis of the Program; 

7 and 

8 (ii) develop metrics to determine the 

9 success of the deployment communities. 

10 (B) PROVISION OF DATA.—As a condition 

11 of participation in the Program, an applicant 

12 shall provide any data determined by the Sec13 retary under subparagraph (A). 

14 (C) PROPRIETARY INFORMATION.—In car15 rying out this paragraph, the Secretary shall, as 

16 appropriate, provide for the protection of pro17 prietary information and intellectual property 

18 rights. 

19 (c) LOAN GUARANTEES.—Section 1703(b) of the En20 ergy Policy Act of 2005 (42 U.S.C. 16513(b) is amended 

21 by adding at the end the following: 

22 ‘‘(11) Plug-in electric drive vehicle fleets.’’. 


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1 Subtitle B—Research and 

2 Development 

3 SEC. 321. RESEARCH AND DEVELOPMENT PROGRAM. 

4 (a) RESEARCH AND DEVELOPMENT PROGRAM.— 

5 (1) IN GENERAL.—The Secretary, in consulta6 tion with the Committee, shall establish a program 

7 to fund research and development in advanced bat8 teries, plug-in electric drive vehicle components, 

9 plug-in electric drive infrastructure, and other tech10 nologies supporting the development, manufacture, 

11 and deployment of plug-in electric drive vehicles and 

12 charging infrastructure. 

13 (2) USE OF FUNDS.—The program may include 

14 funding for— 

15 (A) the development of low-cost, smart16 charging and vehicle-to-grid connectivity tech17 nology; 

18 (B) the benchmarking and assessment of 

19 open software systems using nationally estab20 lished evaluation criteria; and 

21 (C) new technologies in electricity storage 

22 or electric drive components for vehicles. 

23 (3) REPORT.—Not later than 4 years after the 

24 date of enactment of this Act, the Secretary shall 


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1 submit to Congress a report describing the status of 

2 the program described in paragraph (1). 

3 (4) SUPPLEMENTAL FUNDING.—Funds pro4 vided under this section shall supplement (and not 

5 supplant) funds made available for research and de6 velopment under the Vehicles Technology Program 

7 of the Department of Energy. 

8 (b) SECONDARY USE APPLICATIONS PROGRAM.— 

9 (1) IN GENERAL.—The Secretary, in consulta10 tion with the Committee, shall carry out a research, 

11 development, and demonstration program that builds 

12 upon any work carried out under section 915 of the 

13 Energy Policy Act of 2005 (42 U.S.C. 16195) and— 

14 (A) identifies possible uses of a vehicle bat15 tery after the useful life of the battery in a ve16 hicle has been exhausted; 

17 (B) assesses the potential for markets for 

18 uses described in subparagraph (A) to develop, 

19 as well as any barriers to the development of 

20 the markets; 

21 (C) identifies the infrastructure, tech22 nology, and equipment needed to manage the 

23 charging activity of the batteries used in sta24 tionary sources; and 


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1 (D) identifies the potential uses of a vehi2 cle battery— 

3 (i) with the most promise for market 

4 development; and 

5 (ii) for which market development 

6 would be aided by a demonstration project. 

7 (2) REPORT.—Not later than 2 years after the 

8 date of enactment of this Act, the Secretary shall 

9 submit to the appropriate committees of Congress 

10 an initial report on the findings of the program de11 scribed in paragraph (1), including recommendations 

12 for stationary energy storage and other potential ap13 plications for batteries used in plug-in electric drive 

14 vehicles. 

15 (c) SECONDARY USE DEMONSTRATION PROJECTS.— 

16 (1) IN GENERAL.—Based on the results of the 

17 program described in subsection (b), the Secretary, 

18 in consultation with the Committee, shall develop 

19 guidelines for projects that demonstrate the sec20 ondary uses of vehicle batteries. 

21 (2) PUBLICATION OF GUIDELINES.—Not later 

22 than 30 months after the date of enactment of this 

23 Act, the Secretary shall— 

24 (A) publish the guidelines described in 

25 paragraph (1); and 


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1 (B) solicit applications for funding for 

2 demonstration projects. 

3 (3) GRANT PROGRAM.—Not later than 38 

4 months after the date of enactment of this Act, the 

5 Secretary shall select proposals for grant funding 

6 under this section, based on an assessment of which 

7 proposals are mostly likely to contribute to the devel8 opment of a secondary market for batteries. 

9 (d) MATERIALS RECYCLING STUDY.— 

10 (1) IN GENERAL.—The Secretary, in consulta11 tion with the Committee, shall carry out a study on 

12 the recycling of materials from plug-in electric drive 

13 vehicles and the batteries used in plug-in electric 

14 drive vehicles. 

15 (2) REPORT.—Not later than 2 years after the 

16 date of enactment of this Act, the Secretary shall 

17 submit to the appropriate committees of Congress a 

18 report on the findings of the study described in 

19 paragraph (1). 

20 (e) ARPA-E PLUG-IN ELECTRIC DRIVE VEHICLE

21 RESEARCH AND DEVELOPMENT PROGRAMS.—Funds 

22 made available under this section shall be used— 

23 (1) by the Advanced Research Projects Agen24 cy—Energy established by section 5012(b) of the 

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1 ferred to in this subsection as ‘‘ARPA-E’’) to fund 

2 high-risk, high-reward research and development 

3 programs supporting the development, manufacture, 

4 and deployment of plug-in electric drive vehicles and 

5 charging infrastructure, including advanced bat6 teries, plug-in electric drive components, and plug-in 

7 electric drive infrastructure; and 

8 (2) to supplement (and not supplant) funds 

9 made available for ARPA-E. 

10 SEC. 322. ADVANCED BATTERIES FOR TOMORROW PRIZE. 

11 (a) IN GENERAL.—Not later than 1 year after the 

12 date of enactment of this Act, as part of the program de13 scribed in section 1008 of the Energy Policy Act of 2005 

14 (42 U.S.C. 16396), the Secretary shall establish the Ad15 vanced Batteries for Tomorrow Prize to competitively 

16 award cash prizes in accordance with this section to ad17 vance the research, development, demonstration, and com18 mercial application of a 500-mile vehicle battery. 

19 (b) BATTERY SPECIFICATIONS.— 

20 (1) IN GENERAL.—To be eligible for the Prize, 

21 a battery submitted by an entrant shall be— 

22 (A) able to power a plug-in electric drive 

23 vehicle authorized to travel on the United 

24 States Federal-aid system of highways for at 

25 least 500 miles before recharging; 


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1 (B) of a size that would not be cost-prohib2 itive or create space constraints, if mass-pro3 duced; and 

4 (C) cost-effective (measured in cost per kil5 owatt hour), if mass-produced. 

6 (2) ADDITIONAL REQUIREMENTS.—The Sec7 retary, in consultation with the Committee, shall es8 tablish any additional battery specifications that the 

9 Secretary and the Committee determine to be nec10 essary. 

11 (c) PRIVATE FUNDS.— 

12 (1) IN GENERAL.—Subject to paragraph (2) 

13 and notwithstanding section 3302 of title 31, United 

14 States Code, the Secretary may accept, retain, and 

15 use funds contributed by any person, government 

16 entity, or organization for purposes of carrying out 

17 this subsection— 

18 (A) without further appropriation; and 

19 (B) without fiscal year limitation. 

20 (2) RESTRICTION ON PARTICIPATION.—An enti21 ty providing private funds for the Prize may not 

22 participate in the competition for the Prize. 

23 (d) TECHNICAL REVIEW.—The Secretary, in con24 sultation with the Committee, shall establish a technical 

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1 view data submitted by Prize entrants under this section 

2 and determine whether the data meets the prize specifica3 tions described in subsection (b). 

4 (e) THIRD PARTY ADMINISTRATION.—The Secretary 

5 may select, on a competitive basis, a third party to admin6 ister awards provided under this section. 

7 (f) ELIGIBILITY.—To be eligible for an award under 

8 this section— 

9 (1) in the case of a private entity, the entity 

10 shall be incorporated in and maintain a primary 

11 place of business in the United States; and 

12 (2) in the case of an individual (whether par13 ticipating as a single individual or in a group), the 

14 individual shall be a citizen or lawful permanent 

15 resident of the United States. 

16 (g) AWARD AMOUNTS.— 

17 (1) IN GENERAL.—Subject to the availability of 

18 funds to carry out this section, the amount of the 

19 Prize shall be $10,000,000. 

20 (2) BREAKTHROUGH ACHIEVEMENT AWARDS.— 

21 In addition to the award described in paragraph (1), 

22 the Secretary, in consultation with the technical re23 view committee established under subsection (d), 

24 may award cash prizes, in amounts determined by 

25 the Secretary, in recognition of breakthrough 


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1 achievements in research, development, demonstra2 tion, and commercial application of— 

3 (A) activities described in subsection (b); 

4 or 

5 (B) advances in battery durability, energy 

6 density, and power density. 

7 (h) 500-MILE BATTERY AWARD FUND.— 

8 (1) ESTABLISHMENT.—There is established in 

9 the Treasury of the United States a fund to be 

10 known as the ‘‘500-mile Battery Fund’’ (referred to 

11 in this section as the ‘‘Fund’’), to be administered 

12 by the Secretary, to be available without fiscal year 

13 limitation and subject to appropriation, to award 

14 amounts under this section. 

15 (2) TRANSFERS TO FUND.—The Fund shall 

16 consist of— 

17 (A) such amounts as are appropriated to 

18 the Fund under section 701; and 

19 (B) such amounts as are described in sub20 section (c) and that are provided for the Fund. 

21 (3) PROHIBITION.—Amounts in the Fund may 

22 not be made available for any purpose other than a 

23 purposes described in subsection (a). 

24 (4) ANNUAL REPORTS.— 


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1 (A) IN GENERAL.—Not later than 60 days 

2 after the end of each fiscal year beginning with 

3 fiscal year 2012, the Secretary shall submit a 

4 report on the operation of the Fund during the 

5 fiscal year to— 

6 (i) the Committees on Appropriations 

7 of the House of Representatives and of the 

8 Senate; 

9 (ii) the Committee on Energy and 

10 Natural Resources of the Senate; and 

11 (iii) the Committee on Energy and 

12 Commerce of the House of Representa13 tives. 

14 (B) CONTENTS.—Each report shall in15 clude, for the fiscal year covered by the report, 

16 the following: 

17 (i) A statement of the amounts depos18 ited into the Fund. 

19 (ii) A description of the expenditures 

20 made from the Fund for the fiscal year, in21 cluding the purpose of the expenditures. 

22 (iii) Recommendations for additional 

23 authorities to fulfill the purpose of the 

24 Fund. 


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1 (iv) A statement of the balance re2 maining in the Fund at the end of the fis3 cal year. 

4 (5) SEPARATE APPROPRIATIONS ACCOUNT.— 

5 Section 1105(a) of title 31, United States Code, is 

6 amended— 

7 (A) by redesignating paragraphs (35) and 

8 (36) as paragraphs (36) and (37), respectively; 

9 (B) by redesignating the second paragraph 

10 (33) (relating to obligational authority and out11 lays requested for homeland security) as para12 graph (35); and 

13 (C) by adding at the end the following: 

14 ‘‘(38) a separate statement for the 500-mile 

15 Battery Fund established under section 322(h) of 

16 the Oil Independence for a Stronger America Act of 

17 2011, which shall include the estimated amount of 

18 deposits into the Fund, obligations, and outlays from 

19 the Fund.’’. 

20 SEC. 323. STUDY ON THE SUPPLY OF RAW MATERIALS. 

21 (a) IN GENERAL.—The Secretary of the Interior, in 

22 consultation with the Secretary and the Task Force, shall 

23 conduct a study that— 

24 (1) identifies the raw materials needed for the 

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1 teries, and other components for plug-in electric 

2 drive vehicles, and for the infrastructure needed to 

3 support plug-in electric drive vehicles; 

4 (2) describes the primary or original sources 

5 and known reserves and resources of those raw ma6 terials; 

7 (3) assesses, in consultation with an inde8 pendent analysis entity designated by the Secretary, 

9 the degree of risk to the manufacture, maintenance, 

10 deployment, and use of plug-in electric drive vehicles 

11 associated with the supply of those raw materials; 

12 and 

13 (4) identifies pathways to securing reliable and 

14 resilient supplies of those raw materials. 

15 (b) REPORT.—Not later than 3 years after the date 

16 of enactment of this Act, the Secretary of the Interior 

17 shall submit to Congress a report that describes the re18 sults of the study. 

19 SEC. 324. STUDY ON THE COLLECTION AND PRESERVATION 

20 OF DATA COLLECTED FROM PLUG-IN ELEC21 TRIC DRIVE VEHICLES. 

22 (a) IN GENERAL.—Not later than 180 days after the 

23 date of enactment of this Act, the Secretary, in consulta24 tion with the Committee, shall enter into an agreement 


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1 with the National Academy of Sciences under which the 

2 Academy shall conduct a study that— 

3 (1) identifies— 

4 (A) the data that may be collected from 

5 plug-in electric drive vehicles, including data on 

6 the location, charging patterns, and usage of 

7 plug-in electric drive vehicles; 

8 (B) the scientific, economic, commercial, 

9 security, and historic potential of the data de10 scribed in subparagraph (A); and 

11 (C) any laws or regulations that relate to 

12 the data described in subparagraph (A); and 

13 (2) analyzes and provides recommendations on 

14 matters that include procedures, technologies, and 

15 rules relating to the collection, storage, and preser16 vation of the data described in paragraph (1)(A). 

17 (b) REPORT.—Not later than 15 months after the 

18 date of an agreement between the Secretary and the Acad19 emy under subsection (a), the National Academy of 

20 Sciences shall submit to the appropriate committees of 

21 Congress a report that describes the results of the study 

22 under subsection (a). 


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1 Subtitle C—Miscellaneous 

2 SEC. 331. UTILITY PLANNING FOR PLUG-IN ELECTRIC 

3 DRIVE VEHICLES. 

4 (a) IN GENERAL.—The Public Utility Regulatory 

5 Policies Act of 1978 (16 U.S.C. 2601 et seq.) is amend6 ed— 

7 (1) in section 111(d) (16 U.S.C. 2621(d)), by 

8 adding at the end the following: 

9 ‘‘(20) PLUG-IN ELECTRIC DRIVE VEHICLE

10 PLANNING.— 

11 ‘‘(A) UTILITY PLAN FOR PLUG-IN ELEC12 TRIC DRIVE VEHICLES.— 

13 ‘‘(i) IN GENERAL.—Not later than 2 

14 years after the date of enactment of this 

15 paragraph, each electric utility shall de16 velop a plan to support the use of plug-in 

17 electric drive vehicles in the service area of 

18 the electric utility. 

19 ‘‘(ii) REQUIREMENTS.—A plan under 

20 clause (i) shall investigate— 

21 ‘‘(I) various levels of potential 

22 penetration of plug-in electric drive 

23 vehicles in the utility service area; 

24 ‘‘(II) the potential impacts that 

25 the various levels of penetration and 


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1 charging scenarios (including charging 

2 rates and daily hours of charging) 

3 would have on generation, distribution 

4 infrastructure, and the operation of 

5 the transmission grid; and 

6 ‘‘(III) the role of third parties in 

7 providing reliable and economical 

8 charging services. 

9 ‘‘(iii) WAIVER.— 

10 ‘‘(I) IN GENERAL.—An electric 

11 utility that determines that the elec12 tric utility will not be impacted by 

13 plug-in electric drive vehicles during 

14 the 5-year period beginning on the 

15 date of enactment of this paragraph 

16 may petition the Secretary to waive 

17 clause (i) for 5 years. 

18 ‘‘(II) APPROVAL.—Approval of a 

19 waiver under subclause (I) shall be in 

20 the sole discretion of the Secretary. 

21 ‘‘(iv) UPDATES.— 

22 ‘‘(I) IN GENERAL.—Each electric 

23 utility shall update the plan of the 

24 electric utility every 2 years. 


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1 ‘‘(II) RESUBMISSION OF WAIV2 ER.—An electric utility that received a 

3 waiver under clause (iii) and wants 

4 the waiver to continue after the expi5 ration of the waiver shall be required 

6 to resubmit the waiver. 

7 ‘‘(v) EXEMPTION.—If the Secretary 

8 determines that a plan required by a State 

9 regulatory authority meets the require10 ments of this paragraph, the Secretary 

11 may accept that plan and exempt the elec12 tric utility submitting the plan from the re13 quirements of clause (i). 

14 ‘‘(B) SUPPORT REQUIREMENTS.—Each 

15 State regulatory authority (in the case of each 

16 electric utility for which the authority has rate17 making authority) and each publicly owned util18 ity and cooperative utility shall— 

19 ‘‘(i) participate in any local plan for 

20 the deployment of recharging infrastruc21 ture in communities located in the foot22 print of the authority or utility; 

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1 ucts of all auto manufacturers to the max2 imum extent practicable; and 

3 ‘‘(iii) consider adopting minimum re4 quirements for deployment of electrical 

5 charging infrastructure and other appro6 priate requirements necessary to support 

7 the use of plug-in electric drive vehicles. 

8 ‘‘(C) COST RECOVERY.—Each State regu9 latory authority (in the case of each electric 

10 utility for which the authority has ratemaking 

11 authority) and each publicly owned utility and 

12 cooperative utility may consider whether, and to 

13 what extent, to allow cost recovery for plans 

14 and implementation of plans. 

15 ‘‘(D) DETERMINATION.—Not later than 3 

16 years after the date of enactment of this para17 graph, each State regulatory authority (with re18 spect to each electric utility for which the au19 thority has ratemaking authority), and each 

20 publicly owned utility and cooperative electric 

21 utility, shall complete the consideration, and 

22 shall make the determination, referred to in 

23 subsection (a) with respect to the standard es24 tablished by this paragraph.’’. 

25 (2) in section 112(c) (16 U.S.C. 2622(c))— 


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1 (A) in the first sentence, by striking ‘‘Each 

2 State’’ and inserting the following: 

3 ‘‘(1) IN GENERAL.—Each State’’; 

4 (B) in the second sentence, by striking ‘‘In 

5 the case’’ and inserting the following: 

6 ‘‘(2) SPECIFIC STANDARDS.— 

7 ‘‘(A) NET METERING AND FOSSIL FUEL

8 GENERATION EFFICIENCY.—In the case’’; 

9 (C) in the third sentence, by striking ‘‘In 

10 the case’’ and inserting the following: 

11 ‘‘(B) TIME-BASED METERING AND COMMU12 NICATIONS.—In the case’’; 

13 (D) in the fourth sentence— 

14 (i) by striking ‘‘In the case’’ and in15 serting the following: 

16 ‘‘(C) INTERCONNECTION.—In the case’’; 

17 and 

18 (ii) by striking ‘‘paragraph (15)’’ and 

19 inserting ‘‘paragraph (15) of section 

20 111(d)’’; 

21 (E) in the fifth sentence, by striking ‘‘In 

22 the case’’ and inserting the following: 

23 ‘‘(D) INTEGRATED RESOURCE PLANNING, 

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1 VESTMENTS, SMART GRID INFORMATION.—In 

2 the case’’; and 

3 (F) by adding at the end the following: 

4 ‘‘(E) PLUG-IN ELECTRIC DRIVE VEHICLE

5 PLANNING.—In the case of the standards estab6 lished by paragraph (20) of section 111(d), the 

7 reference contained in this subsection to the 

8 date of enactment of this Act shall be deemed 

9 to be a reference to the date of enactment of 

10 that paragraph.’’; and 

11 (3) in section 112(d) (16 U.S.C. 2622(d)), in 

12 the matter preceding paragraph (1), by striking 

13 ‘‘(19)’’ and inserting ‘‘(20)’’. 

14 (b) REPORT.— 

15 (1) IN GENERAL.—The Secretary, in consulta16 tion with the Technical Advisory Committee, shall 

17 convene a group of utility stakeholders, charging in18 frastructure providers, third party aggregators, and 

19 others, as appropriate, to discuss and determine the 

20 potential models for the technically and logistically 

21 challenging issues involved in using electricity as a 

22 fuel for vehicles, including— 

23 (A) accommodation for billing for charging 

24 a plug-in electric drive vehicle, both at home 


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1 and at publicly available charging infrastruc2 ture; 

3 (B) plans for anticipating vehicle to grid 

4 applications that will allow batteries in cars as 

5 well as banks of batteries to be used for grid 

6 storage, ancillary services provision, and backup 

7 power; 

8 (C) integration of plug-in electric drive ve9 hicles with smart grid, including protocols and 

10 standards, necessary equipment, and informa11 tion technology systems; and 

12 (D) any other barriers to installing suffi13 cient and appropriate charging infrastructure. 

14 (2) REPORT.—Not later than 2 years after the 

15 date of enactment of this Act and biennially there16 after, the Secretary shall submit to the appropriate 

17 committees of Congress a report that includes— 

18 (A) the issues and model solutions de19 scribed in paragraph (1); and 

20 (B) any other issues that the Task Force 

21 and Secretary determine to be appropriate. 

22 SEC. 332. LOAN GUARANTEES. 

23 (a) LOAN GUARANTEES FOR ADVANCED BATTERY

24 PURCHASES FOR USE IN STATIONARY APPLICATIONS.— 

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1 rity Act of 2007 (42 U.S.C. 17011 et seq.) is amended 

2 by adding at the end the following: 

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

4 PURCHASES. 

5 ‘‘(a) DEFINITIONS.—In this section: 

6 ‘‘(1) QUALIFIED AUTOMOTIVE BATTERY.—The 

7 term ‘qualified automotive battery’ means a battery 

8 that— 

9 ‘‘(A) has at least 4 kilowatt hours of bat10 tery capacity; and 

11 ‘‘(B) is designed for use in qualified plug12 in electric drive motor vehicles but is purchased 

13 for nonautomotive applications. 

14 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en15 tity’ means— 

16 ‘‘(A) an original equipment manufacturer; 

17 ‘‘(B) an electric utility; 

18 ‘‘(C) any provider of range extension infra19 structure; or 

20 ‘‘(D) any other qualified entity, as deter21 mined by the Secretary. 

22 ‘‘(b) LOAN GUARANTEES.— 

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1 motive batteries in a calendar year that have a total 

2 minimum power rating of 1 megawatt and use ad3 vanced battery technology. 

4 ‘‘(2) RESTRICTION.—As a condition of receiving 

5 a loan guarantee under this section, an entity pur6 chasing qualified automotive batteries with loan 

7 funds guaranteed under this section shall comply 

8 with the provisions of the Buy American Act (41 

9 U.S.C. 10a et seq.). 

10 ‘‘(c) REGULATIONS.—The Secretary shall promulgate 

11 such regulations as are necessary to carry out this sec12 tion.’’. 

13 (b) LOAN GUARANTEES FOR CHARGING INFRA14 STRUCTURE.—Section 1705(a) of the Energy Policy Act 

15 of 2005 (42 U.S.C. 16516(a)) is amended by adding at 

16 the end the following: 

17 ‘‘(4) Charging infrastructure and networks of 

18 charging infrastructure for plug-in drive electric ve19 hicles, if the charging infrastructure will be oper20 ational prior to December 31, 2016.’’. 

21 SEC. 333. PROHIBITION ON DISPOSING OF ADVANCED BAT22 TERIES IN LANDFILLS. 

23 (a) DEFINITION OF ADVANCED BATTERY.— 

24 (1) IN GENERAL.—In this section, the term 

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1 ondary (rechargeable) electrochemical energy storage 

2 device that has enhanced energy capacity. 

3 (2) EXCLUSIONS.—The term ‘‘advanced bat4 tery’’ does not include— 

5 (A) a primary nonrechargeable battery; or 

6 (B) a lead-acid battery that is used to 

7 start or serve as the principal electrical power 

8 source for a plug-in electric drive vehicle. 

9 (b) REQUIREMENT.—An advanced battery from a 

10 plug-in electric drive vehicle shall be disposed of in accord11 ance with the Solid Waste Disposal Act (42 U.S.C. 6901 

12 et seq.) (commonly known as the ‘‘Resource Conservation 

13 and Recovery Act of 1976’’). 

14 SEC. 334. PLUG-IN ELECTRIC DRIVE VEHICLE TECHNICAL 

15 ADVISORY COMMITTEE. 

16 (a) IN GENERAL.—There is established the Plug-in 

17 Electric Drive Vehicle Technical Advisory Committee to 

18 advise the Secretary on the programs and activities under 

19 this title. 

20 (b) MISSION.—The mission of the Committee shall 

21 be to advise the Secretary on technical matters, includ22 ing— 

23 (1) the priorities for research and development; 


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1 (2) means of accelerating the deployment of 

2 safe, economical, and efficient plug-in electric drive 

3 vehicles for mass market adoption; 

4 (3) the development and deployment of charg5 ing infrastructure; 

6 (4) the development of uniform codes, stand7 ards, and safety protocols for plug-in electric drive 

8 vehicles and charging infrastructure; and 

9 (5) reporting on the competitiveness of the 

10 United States in plug-in electric drive vehicle and in11 frastructure research, manufacturing, and deploy12 ment. 

13 (c) MEMBERSHIP.— 

14 (1) MEMBERS.— 

15 (A) IN GENERAL.—The Committee shall 

16 consist of not less than 12, but not more than 

17 25, members. 

18 (B) REPRESENTATION.—The Secretary 

19 shall appoint the members to Committee from 

20 among representatives of— 

21 (i) domestic industry; 

22 (ii) institutions of higher education; 

23 (iii) professional societies; 


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1 (iv) Federal, State, and local govern2 mental agencies (including the National 

3 Laboratories); and 

4 (v) financial, transportation, labor, en5 vironmental, electric utility, or other ap6 propriate organizations or individuals with 

7 direct experience in deploying and mar8 keting plug-in electric drive vehicles, as the 

9 Secretary determines to be necessary. 

10 (2) TERMS.— 

11 (A) IN GENERAL.—The term of a Com12 mittee member shall not be longer than 3 years. 

13 (B) STAGGERED TERMS.—The Secretary 

14 may appoint members to the Committee for dif15 fering term lengths to ensure continuity in the 

16 functioning of the Committee. 

17 (C) REAPPOINTMENTS.—A member of the 

18 Committee whose term is expiring may be re19 appointed. 

20 (3) CHAIRPERSON.—The Committee shall have 

21 a chairperson, who shall be elected by and from the 

22 members. 

23 (d) REVIEW.—The Committee shall review and make 

24 recommendations to the Secretary on the implementation 

25 of programs and activities under this title. 


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1 (e) RESPONSE.— 

2 (1) IN GENERAL.—The Secretary shall consider 

3 and may adopt any recommendation of the Com4 mittee under subsection (c). 

5 (2) BIENNIAL REPORT.— 

6 (A) IN GENERAL.—Not later than 2 years 

7 after the date of enactment of this Act and 

8 every 2 years thereafter, the Secretary shall 

9 submit to the appropriate committees of Con10 gress a report describing any new recommenda11 tions of the Committee. 

12 (B) CONTENTS.—The report shall in13 clude— 

14 (i) a description of the manner in 

15 which the Secretary has implemented or 

16 plans to implement the recommendations 

17 of the Committee; or 

18 (ii) an explanation of the reason that 

19 a recommendation of the Committee has 

20 not been implemented. 

21 (C) TIMING.—The report described in this 

22 paragraph shall be submitted by the Secretary 

23 at the same time the President submits the 

24 budget proposal for the Department of Energy 

25 to Congress. 


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1 (f) COORDINATION.—The Committee shall— 

2 (1) hold joint annual meetings with the Hydro3 gen and Fuel Cell Technical Advisory Committee es4 tablished by section 807 of the Energy Policy Act of 

5 2005 (42 U.S.C. 16156) to help coordinate the work 

6 and recommendations of the Committees; and 

7 (2) coordinate efforts, to the maximum extent 

8 practicable, with all existing independent, depart9 mental, and other advisory Committees, as deter10 mined to be appropriate by the Secretary. 

11 (g) SUPPORT.—The Secretary shall provide to the 

12 Committee the resources necessary to carry out this sec13 tion, as determined to be necessary by the Secretary. 

14 SEC. 335. PLUG-IN ELECTRIC DRIVE VEHICLE INTER15 AGENCY TASK FORCE. 

16 (a) IN GENERAL.—Not later than 120 days after the 

17 date of enactment of this Act, the President shall establish 

18 the Plug-in Electric Drive Vehicle Interagency Task 

19 Force, to be chaired by the Secretary and which shall con20 sist of at least 1 representative from each of— 

21 (1) the Office of Science and Technology Policy; 

22 (2) the Council on Environmental Quality; 

23 (3) the Department of Energy; 

24 (4) the Department of Transportation; 

25 (5) the Department of Defense; 


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1 (6) the Department of Commerce (including the 

2 National Institute of Standards and Technology); 

3 (7) the Environmental Protection Agency; 

4 (8) the General Services Administration; and 

5 (9) any other Federal agencies that the Presi6 dent determines to be appropriate. 

7 (b) MISSION.—The mission of the Task Force shall 

8 be to ensure awareness, coordination, and integration of 

9 the activities of the Federal Government relating to plug10 in electric drive vehicles, including— 

11 (1) plug-in electric drive vehicle research and 

12 development (including necessary components); 

13 (2) the development of widely accepted smart14 grid standards and protocols for charging infrastruc15 ture; 

16 (3) the relationship of plug-in electric drive ve17 hicle charging practices to electric utility regulation; 

18 (4) the relationship of plug-in electric drive ve19 hicle deployment to system reliability and security; 

20 (5) the general deployment of plug-in electric 

21 drive vehicles in the Federal, State, and local gov22 ernments and for private use; 

23 (6) the development of uniform codes, stand24 ards, and safety protocols for plug-in electric drive 

25 vehicles and charging infrastructure; and 


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1 (7) the alignment of international plug-in elec2 tric drive vehicle standards. 

3 (c) ACTIVITIES.— 

4 (1) IN GENERAL.—In carrying out this section, 

5 the Task Force may— 

6 (A) organize workshops and conferences; 

7 (B) issue publications; and 

8 (C) create databases. 

9 (2) MANDATORY ACTIVITIES.—In carrying out 

10 this section, the Task Force shall— 

11 (A) foster the exchange of generic, non12 proprietary information and technology among 

13 industry, academia, and the Federal Govern14 ment; 

15 (B) integrate and disseminate technical 

16 and other information made available as a re17 sult of the programs and activities under this 

18 title; 

19 (C) support education about plug-in elec20 tric drive vehicles; 

21 (D) monitor, analyze, and report on the ef22 fects of plug-in electric drive vehicle deployment 

23 on the environment and public health, including 

24 air emissions from vehicles and electricity gen25 erating units; and 


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1 (E) review and report on— 

2 (i) opportunities to use Federal pro3 grams (including laws, regulations, and 

4 guidelines) to promote the deployment of 

5 plug-in electric drive vehicles; and 

6 (ii) any barriers to the deployment of 

7 plug-in electric drive vehicles, including 

8 barriers that are attributable to Federal 

9 programs (including laws, regulations, and 

10 guidelines). 

11 (d) AGENCY COOPERATION.—A Federal agency— 

12 (1) shall cooperate with the Task Force; and 

13 (2) provide, on request of the Task Force, ap14 propriate assistance in carrying out this section, in 

15 accordance with applicable Federal laws (including 

16 regulations). 


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1 TITLE IV—TRANSPORTATION 

2 INFRASTRUCTURE 

3 Subtitle A—Transportation Options 

4 for Families and Businesses 

5 SEC. 401. OIL SAVINGS AND GREENHOUSE GAS EMISSION 

6 REDUCTIONS THROUGH TRANSPORTATION 

7 EFFICIENCY. 

8 (a) ENVIRONMENTAL PROTECTION AGENCY.—Part 

9 A of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) 

10 is amended by adding at the end the following: 

11 ‘‘SEC. 220. OIL SAVINGS AND GREENHOUSE GAS EMISSION 

12 REDUCTIONS THROUGH TRANSPORTATION 

13 EFFICIENCY. 

14 ‘‘(a) IN GENERAL.—The Administrator, in consulta15 tion with the Secretary of Transportation (referred to in 

16 this section as the ‘Secretary’), shall promulgate, and up17 date from time to time, regulations to establish— 

18 ‘‘(1) national transportation-related goals for 

19 reducing oil consumption and greenhouse gas emis20 sions that are commensurate with the emission re21 duction targets established under the Oil Independ22 ence for a Stronger America Act of 2011 and the 

23 amendments made by that Act; 

24 ‘‘(2) standardized models and related methods, 

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1 zations, and air quality agencies to address oil sav2 ings and emission reduction goals, including— 

3 ‘‘(A) the development of surface transpor4 tation-related oil savings and greenhouse gas 

5 emission reduction targets pursuant to sections 

6 134 and 135 of title 23, and sections 5303 and 

7 5304 of title 49, United States Code; 

8 ‘‘(B) the assessment of projected surface 

9 transportation-related oil consumption and 

10 greenhouse gas emissions from transportation 

11 strategies; 

12 ‘‘(C) the assessment of projected surface 

13 transportation-related oil consumption and 

14 greenhouse gas emissions from State and re15 gional transportation plans; 

16 ‘‘(D) the establishment of surface trans17 portation-related oil consumption and green18 house gas emission baselines at national, State, 

19 and regional levels; and 

20 ‘‘(E) the measurement and assessment of 

21 actual surface transportation-related oil con22 sumption and emissions to assess progress to23 ward achievement of oil savings and emission 

24 targets at the State and regional levels; 


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1 ‘‘(3) methods for collection of data on transpor2 tation-related oil consumption and greenhouse gas 

3 emissions; and 

4 ‘‘(4) publication and distribution of successful 

5 strategies employed by States, Indian tribes, metro6 politan planning organizations, and other entities to 

7 reduce transportation-related oil consumption and 

8 greenhouse gas emissions. 

9 ‘‘(b) ROLE OF DEPARTMENT OF TRANSPOR10 TATION.—The Secretary, in consultation with the Admin11 istrator, shall promulgate, and update from time to time, 

12 regulations— 

13 ‘‘(1) to improve the ability of transportation 

14 planning models and tools, including travel demand 

15 models, to address oil consumption and greenhouse 

16 gas emissions; 

17 ‘‘(2) to assess projected surface transportation18 related travel activity and transportation strategies 

19 from State and regional transportation plans; and 

20 ‘‘(3) to update transportation planning require21 ments and approval of transportation plans as nec22 essary to carry out this section. 

23 ‘‘(c) CONSULTATION AND MODELS.—In promul24 gating the regulations, the Administrator and the Sec25 retary— 


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1 ‘‘(1) shall consult with States, Indian tribes, 

2 metropolitan planning organizations, and air quality 

3 agencies; 

4 ‘‘(2) may use existing models and methodolo5 gies if the models and methodologies are widely con6 sidered to reflect the best practicable modeling or 

7 methodological approach for assessing actual and 

8 projected transportation-related oil consumption and 

9 greenhouse gas emissions from transportation plans 

10 and projects; and 

11 ‘‘(3) shall consider previously developed plans 

12 that were based on models and methodologies for re13 ducing oil consumption and greenhouse gas emis14 sions in applying those regulations to the first ap15 provals after promulgation. 

16 ‘‘(d) TIMING.—The Administrator and the Secretary 

17 shall— 

18 ‘‘(1) publish proposed regulations under sub19 sections (a) and (b) not later than 1 year after the 

20 date of enactment of this section; and 

21 ‘‘(2) promulgate final regulations under sub22 sections (a) and (b) not later than 18 months after 

23 the date of enactment of this section. 

24 ‘‘(e) ASSESSMENT.— 


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1 ‘‘(1) IN GENERAL.—At least every 6 years after 

2 promulgating final regulations under subsections (a) 

3 and (b), the Administrator and the Secretary shall 

4 jointly assess current and projected progress in re5 ducing national transportation-related oil consump6 tion and greenhouse gas emissions. 

7 ‘‘(2) REQUIREMENTS.—The assessment shall— 

8 ‘‘(A) examine the contributions to emission 

9 reductions attributable to— 

10 ‘‘(i) improvements in vehicle effi11 ciency; 

12 ‘‘(ii) greenhouse gas performance of 

13 transportation fuels; 

14 ‘‘(iii) reductions in vehicle miles trav15 eled; 

16 ‘‘(iv) changes in consumer demand 

17 and use of transportation management sys18 tems; and 

19 ‘‘(v) any other greenhouse gas-related 

20 transportation policies enacted by Con21 gress; and 

22 ‘‘(B) include an analysis of the impact of 

23 the investments made by each State and metro24 politan planning organization through the appli25 cable statewide transportation improvement 


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1 program and transportation improvement pro2 gram, respectively, over the most recent 6-year 

3 period on reducing transportation-related green4 house gas emissions and oil consumption. 

5 ‘‘(3) STATE DEPARTMENTS OF TRANSPOR6 TATION.—The Secretary shall issue guidance to es7 tablish procedures for State departments of trans8 portation to collect and report the data required for 

9 the Secretary to carry out the assessment. 

10 ‘‘(4) RESULTS OF ASSESSMENT.—The Sec11 retary and the Administrator shall consider— 

12 ‘‘(A) the results of the assessment con13 ducted under this subsection; and 

14 ‘‘(B) based on those results, whether tech15 nical or other updates to regulations required 

16 under this section and sections 134 and 135 of 

17 title 23, and sections 5303 and 5304 of title 49, 

18 United States Code, are necessary.’’. 

19 (b) METROPOLITAN PLANNING ORGANIZATIONS.— 

20 (1) TITLE 23.—Section 134 of title 23, United 

21 States Code, is amended— 

22 (A) in subsection (a)(1)— 

23 (i) by striking ‘‘minimizing’’ and in24 serting ‘‘reducing’’; and 


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1 (ii) by inserting ‘‘, reliance on oil, im2 pacts on the environment, transportation3 related greenhouse gas emissions,’’ after 

4 ‘‘consumption’’; 

5 (B) in subsection (h)(1)(E)— 

6 (i) by inserting ‘‘sustainability, and 

7 livability, reduce surface transportation-re8 lated reliance on oil and greenhouse gas 

9 emissions, adapt to the effects of climate 

10 change,’’ after ‘‘energy conservation,’’; 

11 (ii) by inserting ‘‘and public health’’ 

12 after ‘‘quality of life’’; and 

13 (iii) by inserting ‘‘, including housing 

14 and land use patterns’’ after ‘‘development 

15 patterns’’; 

16 (C) in subsection (i)— 

17 (i) in paragraph (4)(A)— 

18 (I) by striking ‘‘consult, as ap19 propriate,’’ and inserting ‘‘cooperate’’; 

20 (II) by inserting ‘‘transportation, 

21 public transportation, air quality, en22 ergy, and housing, and shall consult, 

23 as appropriate, with State and local 

24 agencies and Indian tribes responsible 

25 for’’ after ‘‘responsible for’’ and 


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1 (III) by inserting ‘‘public 

2 health,’’ after ‘‘conservation,’’; and 

3 (ii) in paragraph (5)(C)(iii), by insert4 ing ‘‘and through the Web site of the met5 ropolitan planning organization, including 

6 oil savings and emission reduction targets 

7 and strategies developed under subsection 

8 (k)(6), including an analysis of the antici9 pated effects of the targets and strate10 gies,’’ after ‘‘World Wide Web’’; 

11 (D) in subsection (j)(5)(A), by striking 

12 ‘‘subsection (k)(4)’’ and inserting ‘‘subsection 

13 (k)(5)’’; and 

14 (E) in subsection (k)— 

15 (i) by redesignating paragraphs (1) 

16 through (5) as paragraphs (2) through (6), 

17 respectively; 

18 (ii) by inserting before paragraph (2) 

19 (as so redesignated) the following: 

20 ‘‘(1) DEFINITIONS.—In this subsection: 

21 ‘‘(A) METROPOLITAN PLANNING ORGANI22 ZATION.—The term ‘metropolitan planning or23 ganization’ means a metropolitan planning or24 ganization described in clause (i) or (ii) of para25 graph (7)(B). 


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1 ‘‘(B) SCENARIO ANALYSIS.—The term ‘sce2 nario analysis’ means the use of a planning tool 

3 that— 

4 ‘‘(i) develops a range of scenarios rep5 resenting various combinations of transpor6 tation strategies, land use strategies, and 

7 development patterns, estimates of how 

8 each of those scenarios would perform in 

9 meeting the oil savings and greenhouse gas 

10 emission reduction targets based on anal11 ysis of various forces (such as health, 

12 transportation, economic or environmental 

13 factors, and land use) that affect growth; 

14 ‘‘(ii) includes features such as— 

15 ‘‘(I) the involvement of the gen16 eral public, key stakeholders, and 

17 elected officials on a broad scale; 

18 ‘‘(II) the creation of an oppor19 tunity for those participants to edu20 cate each other as to growth trends 

21 and trade-offs, as a means to incor22 porate values and feedback into future 

23 plans; and 

24 ‘‘(III) the use of continuing ef25 forts and ongoing processes; and 


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1 ‘‘(iii) may include key elements such 

2 as— 

3 ‘‘(I) identification of the consid4 erations shaping planning decisions 

5 and outcomes; 

6 ‘‘(II) determination of patterns 

7 of interaction; 

8 ‘‘(III) creation of scenarios for 

9 discussion purposes; 

10 ‘‘(IV) analysis of implications; 

11 ‘‘(V) evaluation of scenarios; and 

12 ‘‘(VI) use of monitoring indica13 tors.’’; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(7) TRANSPORTATION OIL SAVINGS AND

17 GREENHOUSE GAS REDUCTION EFFORTS.— 

18 ‘‘(A) IN GENERAL.—Within a metropolitan 

19 planning area serving a transportation manage20 ment area, the transportation planning process 

21 under this section shall address transportation22 related oil consumption and greenhouse gas 

23 emissions by including oil savings and emission 

24 reduction targets and strategies to meet those 

25 targets. 


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1 ‘‘(B) ELIGIBLE ORGANIZATIONS.— 

2 ‘‘(i) MPOS WITHIN TMAS.—All provi3 sions and requirements of this section, in4 cluding the requirements for transpor5 tation oil savings and greenhouse gas re6 duction efforts, shall apply to metropolitan 

7 planning organizations that also serve as 

8 transportation management areas. 

9 ‘‘(ii) OTHER MPOS.—A metropolitan 

10 planning organization that does not serve 

11 as a transportation management area— 

12 ‘‘(I) may develop transportation 

13 oil savings and greenhouse gas emis14 sion reduction targets and strategies 

15 to meet those targets; and 

16 ‘‘(II) if those targets and strate17 gies are developed, shall be subject to 

18 all applicable provisions and require19 ments of this section and the Oil 

20 Independence for a Stronger America 

21 Act of 2011 and amendments made 

22 by that Act, including requirements of 

23 the transportation oil savings and 

24 greenhouse gas reduction efforts. 


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1 ‘‘(C) ESTABLISHMENT OF TARGETS AND

2 CRITERIA.— 

3 ‘‘(i) IN GENERAL.—Not later than 2 

4 years after the promulgation of the final 

5 regulations required under section 220 of 

6 the Clean Air Act, each metropolitan plan7 ning organization that also serves as a 

8 transportation management area shall de9 velop surface transportation-related oil sav10 ings and greenhouse gas emission reduc11 tion targets, as well as strategies to meet 

12 those targets, in consultation with State 

13 air agencies and Indian tribes as part of 

14 the metropolitan transportation planning 

15 process under this section. 

16 ‘‘(ii) MULTIPLE DESIGNATIONS.—If 

17 more than 1 metropolitan planning organi18 zation has been designated within a metro19 politan area, each metropolitan planning 

20 organization shall coordinate with other 

21 metropolitan planning organizations in the 

22 same metropolitan area to develop the tar23 gets and strategies described in clause (i). 

24 ‘‘(iii) MINIMUM REQUIREMENTS.— 

25 Each metropolitan transportation plan deVerDate Mar 15 2010 03:10 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S1294.IS S1294

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1 veloped by a metropolitan planning organi2 zation under clause (i) shall, within the 

3 plan, demonstrate progress in stabilizing 

4 and reducing transportation-related oil 

5 consumption and greenhouse gas emissions 

6 so as to contribute to the achievement of 

7 State targets pursuant to section 

8 135(f)(9). 

9 ‘‘(iv) REQUIREMENTS FOR TARGETS

10 AND STRATEGIES.—The targets and strat11 egies developed as part of a plan under 

12 this subparagraph shall, at a minimum— 

13 ‘‘(I) be based on the oil consump14 tion and emission and travel demand 

15 models and related methodologies es16 tablished in the final regulations re17 quired under section 220 of the Clean 

18 Air Act; 

19 ‘‘(II) inventory all sources of sur20 face transportation-related oil con21 sumption and greenhouse gas emis22 sions; 

23 ‘‘(III) apply to those modes of 

24 surface transportation that are adVerDate Mar 15 2010 03:10 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\S1294.IS S1294

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1 dressed in the planning process under 

2 this section; 

3 ‘‘(IV) be integrated and con4 sistent with regional transportation 

5 plans and transportation improvement 

6 programs; and 

7 ‘‘(V) be selected through scenario 

8 analysis, and include, pursuant to the 

9 requirements of the transportation 

10 planning process under this section, 

11 transportation investment and man12 agement strategies that reduce oil 

13 consumption and greenhouse gas 

14 emissions from the transportation sec15 tor over the life of the plan, such as— 

16 ‘‘(aa) efforts to increase 

17 public transportation ridership, 

18 including through service im19 provements, capacity expansions, 

20 and access enhancement; 

21 ‘‘(bb) efforts to increase 

22 walking, bicycling, and other 

23 forms of nonmotorized transpor24 tation; 


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1 ‘‘(cc) implementation of zon2 ing and other land use regula3 tions and plans to support infill, 

4 transit-oriented development, re5 development, or mixed use devel6 opment; 

7 ‘‘(dd) travel demand man8 agement programs (including 

9 carpool, vanpool, or car-share 

10 projects), transportation pricing 

11 measures, parking policies, and 

12 programs to promote telecom13 muting, flexible work schedules, 

14 and satellite work centers; 

15 ‘‘(ee) highway and transit 

16 operational improvements, includ17 ing intelligent transportation sys18 tems or other operational im19 provements to reduce long-term 

20 oil consumption and greenhouse 

21 gas emissions through reduced 

22 congestion and improved system 

23 management; 

24 ‘‘(ff) intercity passenger rail 

25 improvements; 


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1 ‘‘(gg) high-speed rail im2 provements and programs; 

3 ‘‘(hh) intercity bus improve4 ments; 

5 ‘‘(ii) freight rail improve6 ments; 

7 ‘‘(jj) use of materials or 

8 equipment associated with the 

9 construction or maintenance of 

10 transportation projects that re11 duce oil consumption and green12 house gas emissions; 

13 ‘‘(kk) public facilities for 

14 supplying electricity to electric or 

15 plug-in hybrid-electric vehicles; 

16 ‘‘(ll) local street network im17 provements; and 

18 ‘‘(mm) any other effort that 

19 demonstrates progress in reduc20 ing transportation-related oil con21 sumption and greenhouse gas 

22 emissions in each metropolitan 

23 planning organization under this 

24 subsection. 


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1 ‘‘(v) IDENTIFICATION OF PROJECTS

2 AND STRATEGIES.—The plan developed 

3 under this section shall include a list of 

4 projects and strategies based on the tar5 gets and strategies identified under clause 

6 (iv). 

7 ‘‘(D) REVIEW AND APPROVAL.—Not later 

8 than 180 days after the date of submission of 

9 a plan under this section— 

10 ‘‘(i) the Secretary and the Adminis11 trator shall review the plan; and 

12 ‘‘(ii) the Secretary shall make a deter13 mination that the plan submitted by a met14 ropolitan planning organization meets the 

15 requirements of subparagraph (C) if— 

16 ‘‘(I) the Secretary finds that a 

17 metropolitan planning organization 

18 has developed, submitted, and pub19 lished the plan of the metropolitan 

20 planning organization pursuant to this 

21 section; 

22 ‘‘(II) the Secretary, in consulta23 tion with the Administrator, deter24 mines that the plan is likely to achieve 

25 the targets established by the metroVerDate Mar 15 2010 03:10 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S1294.IS S1294

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1 politan planning organization under 

2 this subsection; and 

3 ‘‘(III) the development of the 

4 plan complies with the minimum re5 quirements established under clauses 

6 (iii) and (iv) of subparagraph (C). 

7 ‘‘(E) CERTIFICATION.— 

8 ‘‘(i) IN GENERAL.—Only metropolitan 

9 planning organizations that meet the re10 quirements of subparagraph (C) shall be 

11 eligible to receive performance grants 

12 under section 402(c) of the Oil Independ13 ence for a Stronger America Act of 2011. 

14 ‘‘(ii) FAILURE TO COMPLY.—Failure 

15 to comply with the requirements under 

16 subparagraph (C) shall not impact certifi17 cation standards under paragraph (6).’’. 

18 (2) TITLE 49.—Section 5303 of title 49, United 

19 States Code, is amended— 

20 (A) in subsection (a)(1)— 

21 (i) by striking ‘‘minimizing’’ and in22 serting ‘‘reducing’’; and 

23 (ii) by inserting ‘‘, reliance on oil, im24 pacts on the environment, transportationVerDate Mar 15 2010 03:10 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\S1294.IS S1294

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1 related greenhouse gas emissions,’’ after 

2 ‘‘consumption’’; 

3 (B) in subsection (h)(1)(E)— 

4 (i) by inserting ‘‘sustainability, and 

5 livability, reduce surface transportation-re6 lated reliance on oil and greenhouse gas 

7 emissions, adapt to the effects of climate 

8 change,’’ after ‘‘energy conservation,’’; 

9 (ii) by inserting ‘‘and public health’’ 

10 after ‘‘quality of life’’; and 

11 (iii) by inserting ‘‘, including housing 

12 and land use patterns’’ after ‘‘development 

13 patterns’’; 

14 (C) in subsection (i)— 

15 (i) in paragraph (4)(A)— 

16 (I) by striking ‘‘consult, as ap17 propriate,’’ and inserting ‘‘cooperate’’; 

18 (II) by inserting ‘‘transportation, 

19 public transportation, air quality, en20 ergy, and housing, and shall consult, 

21 as appropriate, with State and local 

22 agencies and Indian tribes responsible 

23 for’’ after ‘‘responsible for’’ and 

24 (III) by inserting ‘‘public 

25 health,’’ after ‘‘conservation,’’; and 


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1 (ii) in paragraph (5)(C)(iii), by insert2 ing ‘‘and through the Web site of the met3 ropolitan planning organization, including 

4 oil savings and emission reduction targets 

5 and strategies developed under subsection 

6 (k)(6), including an analysis of the antici7 pated effects of the targets and strate8 gies,’’ after ‘‘World Wide Web’’; and 

9 (D) in subsection (k)— 

10 (i) by redesignating paragraphs (1) 

11 through (5) as paragraphs (2) through (6), 

12 respectively; 

13 (ii) by inserting before paragraph (2) 

14 (as so redesignated) the following: 

15 ‘‘(1) DEFINITION OF METROPOLITAN PLANNING

16 ORGANIZATION.—In this subsection, the term ‘met17 ropolitan planning organization’ means a metropoli18 tan planning organization described in clause (i) or 

19 (ii) of paragraph (7)(B).’’; and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(7) TRANSPORTATION OIL SAVINGS AND

23 GREENHOUSE GAS REDUCTION EFFORTS.— 

24 ‘‘(A) IN GENERAL.—Within a metropolitan 

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1 ment area, the transportation planning process 

2 under this section shall address transportation3 related oil consumption and greenhouse gas 

4 emissions by including oil savings and emission 

5 reduction targets and strategies to meet those 

6 targets. 

7 ‘‘(B) ELIGIBLE ORGANIZATIONS.— 

8 ‘‘(i) IN GENERAL.—The requirements 

9 of the transportation greenhouse gas re10 duction efforts shall apply only to metro11 politan planning organizations within a 

12 transportation management area. 

13 ‘‘(ii) DEVELOPMENT OF PLAN.—A 

14 metropolitan planning organization that 

15 does not serve as a transportation manage16 ment area— 

17 ‘‘(I) may develop transportation 

18 oil savings and greenhouse gas emis19 sion reduction targets and strategies 

20 to meet those targets; and 

21 ‘‘(II) if those targets and strate22 gies are developed, shall be subject to 

23 all provisions and requirements of this 

24 section, including requirements of the 


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1 transportation oil savings and green2 house gas reduction efforts. 

3 ‘‘(C) ESTABLISHMENT OF TARGETS AND

4 CRITERIA.— 

5 ‘‘(i) IN GENERAL.—Not later than 2 

6 years after the promulgation of the final 

7 regulations required under section 220 of 

8 the Clean Air Act, each metropolitan plan9 ning organization shall develop surface 

10 transportation-related oil savings and 

11 greenhouse gas emission reduction targets, 

12 as well as strategies to meet those targets, 

13 in consultation with State air agencies and 

14 Indian tribes as part of the metropolitan 

15 transportation planning process under this 

16 section. 

17 ‘‘(ii) MULTIPLE DESIGNATIONS.—If 

18 more than 1 metropolitan planning organi19 zation has been designated within a metro20 politan area, each metropolitan planning 

21 organization shall coordinate with other 

22 metropolitan planning organizations in the 

23 same metropolitan area to develop the tar24 gets and strategies described in clause (i). 


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1 ‘‘(iii) MINIMUM REQUIREMENTS.— 

2 Each metropolitan transportation plan de3 veloped by a metropolitan planning organi4 zation under clause (i) shall, within the 

5 plan, demonstrate progress in stabilizing 

6 and reducing transportation-related oil 

7 consumption and greenhouse gas emissions 

8 so as to contribute to the achievement of 

9 State targets pursuant to section 135(f)(9) 

10 of title 23. 

11 ‘‘(iv) REQUIREMENTS FOR TARGETS

12 AND STRATEGIES.—The targets and strat13 egies developed as part of a plan under 

14 this subparagraph shall, at a minimum— 

15 ‘‘(I) be based on the oil consump16 tion and emission models and related 

17 methodologies established in the final 

18 regulations required under section 

19 220 of the Clean Air Act; 

20 ‘‘(II) inventory all sources of sur21 face transportation-related oil con22 sumption and greenhouse gas emis23 sions; 

24 ‘‘(III) apply to those modes of 

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1 dressed in the planning process under 

2 this section; 

3 ‘‘(IV) be integrated and con4 sistent with regional transportation 

5 plans and transportation improvement 

6 programs; and 

7 ‘‘(V) be selected through scenario 

8 analysis (as defined in section 

9 134(k)(1) of title 23), and include, 

10 pursuant to the requirements of the 

11 transportation planning process under 

12 this section, transportation investment 

13 and management strategies that re14 duce oil consumption and greenhouse 

15 gas emissions from the transportation 

16 sector over the life of the plan, such 

17 as— 

18 ‘‘(aa) efforts to increase 

19 public transportation ridership, 

20 including through service im21 provements, capacity expansions, 

22 and access enhancement; 

23 ‘‘(bb) efforts to increase 

24 walking, bicycling, and other 


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1 forms of nonmotorized transpor2 tation; 

3 ‘‘(cc) implementation of zon4 ing and other land use regula5 tions and plans to support infill, 

6 transit-oriented development, re7 development, or mixed use devel8 opment; 

9 ‘‘(dd) travel demand man10 agement programs (including 

11 carpool, vanpool, or car-share 

12 projects), transportation pricing 

13 measures, parking policies, and 

14 programs to promote telecom15 muting, flexible work schedules, 

16 and satellite work centers; 

17 ‘‘(ee) highway and transit 

18 operational improvements, includ19 ing intelligent transportation sys20 tems or other operational im21 provements to reduce long-term 

22 oil consumption and greenhouse 

23 gas emissions through reduced 

24 congestion and improved system 

25 management; 


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1 ‘‘(ff) intercity passenger rail 

2 improvements; 

3 ‘‘(gg) high-speed rail im4 provements and programs; 

5 ‘‘(hh) intercity bus improve6 ments; 

7 ‘‘(ii) freight rail improve8 ments; 

9 ‘‘(jj) use of materials or 

10 equipment associated with the 

11 construction or maintenance of 

12 transportation projects that re13 duce oil consumption and green14 house gas emissions; 

15 ‘‘(kk) public facilities for 

16 supplying electricity to electric or 

17 plug-in hybrid-electric vehicles; 

18 ‘‘(ll) local street network im19 provements; and 

20 ‘‘(mm) any other effort that 

21 demonstrates progress in reduc22 ing transportation-related oil con23 sumption and greenhouse gas 

24 emissions in each metropolitan 


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1 planning organization under this 

2 subsection. 

3 ‘‘(v) IDENTIFICATION OF PROJECTS

4 AND STRATEGIES.—The plan developed 

5 under this section shall include a list of 

6 projects and strategies based on the tar7 gets and strategies identified under clause 

8 (iv). 

9 ‘‘(D) REVIEW AND APPROVAL.—Not later 

10 than 180 days after the date of submission of 

11 a plan under this section— 

12 ‘‘(i) the Secretary and the Adminis13 trator shall review the plan; and 

14 ‘‘(ii) the Secretary shall make a deter15 mination that the plan submitted by a met16 ropolitan planning organization meets the 

17 requirements of subparagraph (C) if— 

18 ‘‘(I) the Secretary finds that a 

19 metropolitan planning organization 

20 has developed, submitted, and pub21 lished the plan of the metropolitan 

22 planning organization pursuant to this 

23 section; 

24 ‘‘(II) the Secretary, in consulta25 tion with the Administrator, deterVerDate Mar 15 2010 03:10 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\S1294.IS S1294

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1 mines that the plan is likely to achieve 

2 the targets established by the metro3 politan planning organization under 

4 this subsection; and 

5 ‘‘(III) the development of the 

6 plan complies with the minimum re7 quirements established under clauses 

8 (iii) and (iv) of subparagraph (C). 

9 ‘‘(E) CERTIFICATION.— 

10 ‘‘(i) IN GENERAL.—Only metropolitan 

11 planning organizations that meet the re12 quirements of subparagraph (C) shall be 

13 eligible to receive performance grants 

14 under section 402(c) of the Oil Independ15 ence for a Stronger America Act of 2011. 

16 ‘‘(ii) FAILURE TO COMPLY.—Failure 

17 to comply with the requirements under 

18 subparagraph (C) shall not impact certifi19 cation standards under paragraph (6).’’. 

20 (c) STATES.— 

21 (1) TITLE 23.—Section 135 of title 23, United 

22 States Code, is amended— 

23 (A) in subsection (d)(1)(E)— 

24 (i) by inserting ‘‘sustainability, and 

25 livability, reduce surface transportation-reVerDate Mar 15 2010 03:10 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\S1294.IS S1294

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1 lated oil consumption and greenhouse gas 

2 emissions, adapt to the effects of climate 

3 change,’’ after ‘‘energy conservation,’’; 

4 (ii) by inserting ‘‘and public health’’ 

5 after ‘‘quality of life’’; and 

6 (iii) by inserting ‘‘, including housing 

7 and land use patterns’’ after ‘‘development 

8 patterns’’; and 

9 (B) in subsection (f)— 

10 (i) in paragraph (2)(D)(i)— 

11 (I) by striking ‘‘, as appropriate, 

12 in consultation’’ and inserting ‘‘in co13 operation’’; 

14 (II) by inserting ‘‘State and local 

15 agencies and Indian tribes responsible 

16 for transportation, public transpor17 tation, air quality, energy, and hous18 ing and in consultation with’’ before 

19 ‘‘State, tribal’’; and 

20 (III) by inserting ‘‘public 

21 health,’’ after ‘‘conservation,’’; 

22 (ii) in paragraph (3)(B)(iii), by insert23 ing ‘‘and through the Web site of the 

24 State, including oil savings and emission 

25 reduction targets and strategies developed 


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1 under paragraph (9) and an analysis of the 

2 anticipated effects of the targets and strat3 egies’’ after ‘‘World Wide Web’’; and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(9) TRANSPORTATION OIL SAVINGS AND

7 GREENHOUSE GAS REDUCTION EFFORTS.— 

8 ‘‘(A) IN GENERAL.—Within a State, the 

9 transportation planning process under this sec10 tion, shall address transportation-related green11 house gas emissions by including emission re12 duction targets and strategies to meet those 

13 targets. 

14 ‘‘(B) ESTABLISHMENT OF TARGETS AND

15 CRITERIA.— 

16 ‘‘(i) IN GENERAL.—Not later than 2 

17 years after the promulgation of the final 

18 regulations required under section 220 of 

19 the Clean Air Act, each State shall develop 

20 surface transportation-related oil savings 

21 and greenhouse gas emission reduction tar22 gets, as well as strategies to meet those 

23 targets, in consultation with State air 

24 agencies and Indian tribes as part of the 


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1 transportation planning process under this 

2 section. 

3 ‘‘(ii) MINIMUM REQUIREMENTS.— 

4 Each transportation plan developed by a 

5 State under clause (i) shall, within the 

6 plan, demonstrate progress in stabilizing 

7 and reducing transportation-related oil 

8 consumption and greenhouse gas emissions 

9 in the State so as to contribute to the 

10 achievement of national goals pursuant to 

11 section 220(a)(1) of the Clean Air Act. 

12 ‘‘(iii) REQUIREMENTS FOR TARGETS

13 AND STRATEGIES.—The targets and strat14 egies developed as part of a plan under 

15 this subparagraph shall, at a minimum— 

16 ‘‘(I) be based on the oil consump17 tion and emission models and related 

18 methodologies established in the final 

19 regulations required under section 

20 220 of the Clean Air Act; 

21 ‘‘(II) inventory all sources of sur22 face transportation-related oil con23 sumption and greenhouse gas emis24 sions; 


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1 ‘‘(III) apply to those modes of 

2 surface transportation that are ad3 dressed in the planning process under 

4 this section; 

5 ‘‘(IV) be integrated and con6 sistent with statewide transportation 

7 plans and statewide transportation 

8 improvement programs; and 

9 ‘‘(V) be selected through scenario 

10 analysis (as defined in section 

11 134(k)(1)), and include, pursuant to 

12 the requirements of the transportation 

13 planning process under this section, 

14 transportation investment and man15 agement strategies that reduce oil 

16 consumption and greenhouse gas 

17 emissions from the transportation sec18 tor over the life of the plan, such as— 

19 ‘‘(aa) efforts to increase 

20 public transportation ridership, 

21 including through service im22 provements, capacity expansions, 

23 and access enhancement; 

24 ‘‘(bb) efforts to increase 

25 walking, bicycling, and other 


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•S 1294 IS

1 forms of nonmotorized transpor2 tation; 

3 ‘‘(cc) implementation of zon4 ing and other land use regula5 tions and plans to support infill, 

6 transit-oriented development, re7 development, or mixed use devel8 opment; 

9 ‘‘(dd) travel demand man10 agement programs (including 

11 carpool, vanpool, or car-share 

12 projects), transportation pricing 

13 measures, parking policies, and 

14 programs to promote telecom15 muting, flexible work schedules, 

16 and satellite work centers; 

17 ‘‘(ee) highway and transit 

18 operational improvements, includ19 ing intelligent transportation sys20 tems or other operational im21 provements to reduce congestion 

22 and improve system manage23 ment; 

24 ‘‘(ff) intercity passenger rail 

25 improvements; 


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•S 1294 IS

1 ‘‘(gg) high-speed rail im2 provements and programs; 

3 ‘‘(hh) intercity bus improve4 ments; 

5 ‘‘(ii) freight rail improve6 ments; 

7 ‘‘(jj) use of materials or 

8 equipment associated with the 

9 construction or maintenance of 

10 transportation projects that re11 duce oil consumption and green12 house gas emissions; 

13 ‘‘(kk) public facilities for 

14 supplying electricity to electric or 

15 plug-in hybrid-electric vehicles; 

16 ‘‘(ll) local street network im17 provements; and 

18 ‘‘(mm) any other effort that 

19 demonstrates progress in reduc20 ing transportation-related oil con21 sumption and greenhouse gas 

22 emissions. 

23 ‘‘(iv) IDENTIFICATION OF PROJECTS

24 AND STRATEGIES.—The plan developed 

25 under this section shall include a list of 


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1 projects and strategies based on the tar2 gets and strategies identified under clause 

3 (iii). 

4 ‘‘(C) COORDINATION AND CONSULTATION

5 WITH PUBLIC AGENCIES.—Transportation oil 

6 savings and greenhouse gas emission targets 

7 and plans pursuant to this section shall be de8 veloped— 

9 ‘‘(i) in coordination with— 

10 ‘‘(I) all metropolitan planning or11 ganizations covered by this section 

12 within the State; and 

13 ‘‘(II) transportation and air qual14 ity agencies within the State; 

15 ‘‘(ii) in consultation with representa16 tives of State and local housing, economic 

17 development, energy, and land use agen18 cies; and 

19 ‘‘(iii) in consultation with Indian 

20 tribes contiguous to the State. 

21 ‘‘(D) ENFORCEMENT.—Not later than 180 

22 days after the date of submission of a plan 

23 under this section— 

24 ‘‘(i) the Secretary and the Adminis25 trator shall review the plan; and 


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1 ‘‘(ii) the Secretary shall make a deter2 mination that the plan submitted by a 

3 State meets the requirements of subpara4 graph (B) if— 

5 ‘‘(I) the Secretary finds that a 

6 State has developed, submitted, and 

7 published the plan pursuant to this 

8 section; 

9 ‘‘(II) the Secretary, in consulta10 tion with the Administrator, deter11 mines that the plan is likely to achieve 

12 the targets established by the State 

13 under this subsection; and 

14 ‘‘(III) the development of the 

15 plan complies with the minimum re16 quirements established under clauses 

17 (ii) and (iii) of subparagraph (B). 

18 ‘‘(E) PLANNING FINDING.— 

19 ‘‘(i) IN GENERAL.—Only States that 

20 meet the requirements of subparagraph 

21 (B) shall be eligible to receive performance 

22 grants under section 402(c) of the Oil 

23 Independence for a Stronger America Act 

24 of 2011. 


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1 ‘‘(ii) FAILURE TO COMPLY.—Failure 

2 to comply with the requirements under 

3 subparagraph (B) shall not impact the 

4 planning finding under subsection (g)(7).’’. 

5 (2) TITLE 49.—Section 5304 of title 49, United 

6 States Code is amended— 

7 (A) in subsection (d)(1)(E)— 

8 (i) by inserting ‘‘sustainability, and 

9 livability, reduce surface transportation-re10 lated oil consumption and greenhouse gas 

11 emissions, adapt to the effects of climate 

12 change,’’ after ‘‘energy conservation,’’; 

13 (ii) by inserting ‘‘and public health’’ 

14 after ‘‘quality of life’’; and 

15 (iii) by inserting ‘‘, including housing 

16 and land use patterns’’ after ‘‘development 

17 patterns’’; and 

18 (B) in subsection (f)— 

19 (i) in paragraph (2)(D)(i)— 

20 (I) by striking ‘‘, as appropriate, 

21 in consultation’’ and inserting ‘‘in co22 operation’’; 

23 (II) by inserting ‘‘State and local 

24 agencies and Indian tribes responsible 

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1 tation, air quality, and housing and in 

2 consultation with’’ before ‘‘State, trib3 al’’; and 

4 (III) by inserting ‘‘public 

5 health,’’ after ‘‘conservation,’’; 

6 (ii) in paragraph (3)(B)(iii), by insert7 ing ‘‘and through the Web site of the 

8 State, including oil savings and emission 

9 reduction targets and strategies developed 

10 under paragraph (9) and an analysis of the 

11 anticipated effects of the targets and strat12 egies’’ after ‘‘World Wide Web’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(9) TRANSPORTATION OIL SAVINGS AND

16 GREENHOUSE GAS REDUCTION EFFORTS.— 

17 ‘‘(A) IN GENERAL.—Within a State, the 

18 transportation planning process under this sec19 tion shall address transportation-related oil con20 sumption and greenhouse gas emissions by in21 cluding oil savings and emission reduction tar22 gets and strategies to meet those targets. 

23 ‘‘(B) ESTABLISHMENT OF TARGETS AND

24 CRITERIA.— 


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1 ‘‘(i) IN GENERAL.—Not later than 2 

2 years after the promulgation of the final 

3 regulations required under section 220 of 

4 the Clean Air Act, each State shall develop 

5 surface transportation-related oil savings 

6 and greenhouse gas emission reduction tar7 gets, as well as strategies to meet those 

8 targets, in consultation with State air 

9 agencies and Indian tribes as part of the 

10 transportation planning process under this 

11 section. 

12 ‘‘(ii) MINIMUM REQUIREMENTS.— 

13 Each transportation plan developed by a 

14 State under clause (i) shall, within the 

15 plan, demonstrate progress in stabilizing 

16 and reducing transportation-related oil 

17 consumption and greenhouse gas emissions 

18 in the State so as to contribute to the 

19 achievement of national targets pursuant 

20 to section 220(a)(1) of the Clean Air Act. 

21 ‘‘(iii) REQUIREMENTS FOR TARGETS

22 AND STRATEGIES.—The targets and strat23 egies developed as part of a plan under 

24 this subparagraph shall, at a minimum— 


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1 ‘‘(I) be based on the oil consump2 tion and emission models and related 

3 methodologies established in the final 

4 regulations required under section 

5 220 of the Clean Air Act; 

6 ‘‘(II) inventory all sources of sur7 face transportation-related oil con8 sumption and greenhouse gas emis9 sions; 

10 ‘‘(III) apply to those modes of 

11 surface transportation that are ad12 dressed in the planning process under 

13 this section; 

14 ‘‘(IV) be integrated and con15 sistent with statewide transportation 

16 plans and statewide transportation 

17 improvement programs; and 

18 ‘‘(V) be selected through scenario 

19 analysis (as defined in section 

20 134(k)(1) of title 23), and include, 

21 pursuant to the requirements of the 

22 transportation planning process under 

23 this section, transportation investment 

24 and management strategies that re25 duce oil consumption and greenhouse 


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1 gas emissions from the transportation 

2 sector over the life of the plan, such 

3 as— 

4 ‘‘(aa) efforts to increase 

5 public transportation ridership, 

6 including through service im7 provements, capacity expansions, 

8 and access enhancement; 

9 ‘‘(bb) efforts to increase 

10 walking, bicycling, and other 

11 forms of nonmotorized transpor12 tation; 

13 ‘‘(cc) implementation of zon14 ing and other land use regula15 tions and plans to support infill, 

16 transit-oriented development, re17 development, or mixed use devel18 opment; 

19 ‘‘(dd) travel demand man20 agement programs (including 

21 carpool, vanpool, or car-share 

22 projects), transportation pricing 

23 measures, parking policies, and 

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1 muting, flexible work schedules, 

2 and satellite work centers; 

3 ‘‘(ee) highway and transit 

4 operational improvements, includ5 ing intelligent transportation sys6 tems or other operational im7 provements to reduce congestion 

8 and improve system manage9 ment; 

10 ‘‘(ff) intercity passenger rail 

11 improvements; 

12 ‘‘(gg) high-speed rail im13 provements and programs; 

14 ‘‘(hh) intercity bus improve15 ments; 

16 ‘‘(ii) freight rail improve17 ments; 

18 ‘‘(jj) use of materials or 

19 equipment associated with the 

20 construction or maintenance of 

21 transportation projects that re22 duce oil consumption and green23 house gas emissions; 

24 ‘‘(kk) public facilities for 

25 supplying electricity to electric or 


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1 plug-in hybrid-electric vehicles; 

2 and 

3 ‘‘(ll) any other effort that 

4 demonstrates progress in reduc5 ing transportation-related oil con6 sumption and greenhouse gas 

7 emissions. 

8 ‘‘(iv) IDENTIFICATION OF PROJECTS

9 AND STRATEGIES.—The plan developed 

10 under this section shall include a list of 

11 projects and strategies based on the tar12 gets and strategies identified under clause 

13 (iii). 

14 ‘‘(C) COORDINATION AND CONSULTATION

15 WITH PUBLIC AGENCIES.—Transportation oil 

16 savings and greenhouse gas targets and plans 

17 pursuant to this section shall be developed— 

18 ‘‘(i) in coordination with— 

19 ‘‘(I) all metropolitan planning or20 ganizations covered by this section 

21 within the State; and 

22 ‘‘(II) transportation and air qual23 ity agencies within the State; 

24 ‘‘(ii) in consultation with representa25 tives of State and local housing, economic 


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1 development, energy, and land use agen2 cies; and 

3 ‘‘(iii) in consultation with Indian 

4 tribes contiguous to the State. 

5 ‘‘(D) ENFORCEMENT.—Not later than 180 

6 days after the date of submission of a plan 

7 under this section— 

8 ‘‘(i) the Secretary and the Adminis9 trator shall review the plan; and 

10 ‘‘(ii) the Secretary shall make a deter11 mination that the plan submitted by a 

12 State meets the requirements of subpara13 graph (B) if— 

14 ‘‘(I) the Secretary finds that a 

15 State has developed, submitted, and 

16 published the plan pursuant to this 

17 section; 

18 ‘‘(II) the Secretary, in consulta19 tion with the Administrator, deter20 mines that the plan is likely to achieve 

21 the targets established by the State 

22 under this subsection; and 

23 ‘‘(III) the development of the 

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1 quirements established under clauses 

2 (ii) and (iii) of subparagraph (B). 

3 ‘‘(E) PLANNING FINDING.— 

4 ‘‘(i) IN GENERAL.—Only States that 

5 meet the requirements of subparagraph 

6 (B) shall be eligible to receive performance 

7 grants under section 402(c) of the Oil 

8 Independence for a Stronger America Act 

9 of 2011. 

10 ‘‘(ii) FAILURE TO COMPLY.—Failure 

11 to comply with the requirements under 

12 subparagraph (B) shall not impact the 

13 planning finding under subsection (g)(7).’’. 

14 (d) APPLICABILITY.—Section 304 of the Clean Air 

15 Act (42 U.S.C. 7604) shall not apply to the planning pro16 visions of this section or any amendment made by this 

17 section. 

18 (e) LAND USE AUTHORITY.—Nothing in this section 

19 or an amendment made by this section— 

20 (1) infringes on the existing authority of local 

21 governments to plan or control land use; or 

22 (2) provides or transfers authority over land 

23 use to any other entity. 


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1 (f) TABLE OF CONTENTS.—The table of contents of 

2 title II of the Clean Air Act (42 U.S.C. prec. 7401) is 

3 amended by adding at the end the following: 

‘‘Sec. 220. Greenhouse gas emission reductions through transportation efficiency.’’. 

4 SEC. 402. INVESTING IN TRANSPORTATION GREENHOUSE 

5 GAS EMISSION REDUCTION PROGRAMS. 

6 (a) IN GENERAL.—The Secretary of Transportation 

7 (referred to in this section as the ‘‘Secretary’’) shall dis8 tribute funds made available to carry out this section to 

9 States and metropolitan planning organizations to carry 

10 out the purposes of this section for each fiscal year, includ11 ing— 

12 (1) supporting the development and updating of 

13 transportation greenhouse gas reduction targets and 

14 strategies; and 

15 (2) providing financial assistance to implement 

16 plans approved pursuant to— 

17 (A) sections 134(k)(6) and 135(f)(9) of 

18 title 23, United States Code; and 

19 (B) sections 5303(k)(7) and 5304(f)(9) of 

20 title 49, United States Code. 

21 (b) ALLOCATION FOR PLANNING.— 

22 (1) IN GENERAL.—Subject to paragraph (2), 

23 the Secretary shall distribute not more than 10 per24 cent of the funds available to carry out this section 


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1 for a fiscal year for metropolitan planning organiza2 tions to develop and update transportation plans, in3 cluding targets and strategies for greenhouse gas 

4 emission reduction under— 

5 (A) sections 134(k)(6) and 135(f)(9) of 

6 title 23, United States Code; and 

7 (B) sections 5303(k)(7) and 5304(f)(9) of 

8 title 49, United States Code. 

9 (2) ELIGIBLE ORGANIZATIONS.—The Secretary 

10 shall distribute the funds available under paragraph 

11 (1) to metropolitan planning organizations (as de12 fined in section 134(k)(1) of title 23, United States 

13 Code) in the proportion that— 

14 (A) the population within such a metropoli15 tan planning organization; bears to 

16 (B) the total population of all such metro17 politan planning organizations. 

18 (c) PERFORMANCE AWARDS.— 

19 (1) IN GENERAL.—After distributing funds pur20 suant to subsection (b)(1), and subject to subsection 

21 (h), the Secretary shall distribute the remainder of 

22 the funds made available to carry out this section to 

23 provide support to States and metropolitan planning 

24 organizations. 


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1 (2) CRITERIA.—In making distributions under 

2 this subsection, the Secretary, in consultation with 

3 the Administrator, shall develop criteria for making 

4 the distribution, taking into consideration, with re5 spect to areas to be covered by the distributions— 

6 (A) the quantity of total oil consumption 

7 and greenhouse gas emissions to be reduced as 

8 a result of implementation of a plan, within a 

9 covered area; 

10 (B) the quantity of total oil consumption 

11 and greenhouse gas emissions to be reduced per 

12 capita as a result of the implementation of a 

13 plan, within the covered area; 

14 (C) the cost-effectiveness of reducing oil 

15 consumption and greenhouse gas emissions dur16 ing the life of the plan; 

17 (D) progress toward achieving oil savings 

18 and emission reductions target established 

19 under— 

20 (i) sections 134(k)(6) and 135(f)(9) of 

21 title 23, United States Code; and 

22 (ii) sections 5303(k)(7) and 

23 5304(f)(9) of title 49, United States Code; 

24 (E) reductions in oil consumption and 

25 greenhouse gas emissions previously achieved by 


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1 States and metropolitan planning organizations 

2 during the 5-year period beginning on the date 

3 of enactment of this Act; 

4 (F) the extent to which the plan increases 

5 transportation options and mobility, particularly 

6 for low-income individuals, minorities, the elder7 ly, households without motor vehicles, cost-bur8 dened households, and the disabled; 

9 (G) the extent to which projects funded 

10 will facilitate development patterns and strate11 gies that reduce oil consumption and green12 house gas emissions; and 

13 (H) other factors, including innovative ap14 proaches, minimization of costs, and consider15 ation of economic development, revenue genera16 tion, consumer fuel cost-savings, and other eco17 nomic, environmental, and health benefits, as 

18 the Secretary determines to be appropriate. 

19 (d) REQUIREMENT FOR REDUCED OIL CONSUMP20 TION AND EMISSIONS.—Funds received under subsection 

21 (c) may be used only to fund strategies that demonstrate 

22 reductions in oil consumption and greenhouse gas emis23 sions that are sustainable over the life of the applicable 

24 transportation plan. 


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1 (e) COST-SHARING.—The Federal share of the costs 

2 of a project receiving Federal financial assistance under 

3 this section shall be 80 percent. 

4 (f) COMPLIANCE WITH APPLICABLE LAWS.— 

5 (1) IN GENERAL.—Subject to paragraph (2), a 

6 project receiving funds under this section shall com7 ply with all applicable Federal laws (including regu8 lations), including applicable requirements of titles 

9 23 and 49, United States Code. 

10 (2) ELIGIBILITY.—Project eligibility shall be 

11 determined in accordance with this section. 

12 (3) DETERMINATION OF APPLICABLE MODAL

13 REQUIREMENTS.—The Secretary shall— 

14 (A) have the discretion to designate the 

15 specific modal requirements that shall apply to 

16 a project; and 

17 (B) be guided by the predominant modal 

18 characteristics of the project in the event that 

19 a project has cross-modal application. 

20 (g) ADDITIONAL REQUIREMENTS.— 

21 (1) IN GENERAL.—As a condition of the receipt 

22 of funds under this section, the interests of public 

23 transportation employees affected by the assistance 

24 shall be protected under arrangements that the Sec25 retary of Labor determines— 


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1 (A) to be fair and equitable; and 

2 (B) to provide benefits equal to the bene3 fits established under section 5333(b) of title 

4 49, United States Code. 

5 (h) MISCELLANEOUS.— 

6 (1) ROAD-USE AND CONGESTION PRICING

7 MEASURES.—All projects supported by funds made 

8 available under this section shall not be subject to 

9 section 301 of title 23, United States Code shall be 

10 eligible to receive amounts collected through road11 use and congestion pricing measures. 

12 (2) LIMITATIONS.—The Administrator may not 

13 approve any transportation plan for a project that 

14 would be inconsistent with existing design, procure15 ment, and construction guidelines established by the 

16 Department of Transportation. 

17 (3) TRANSFERS.—With the approval of the Sec18 retary, recipients of funds under this section may 

19 enter into agreements providing for the transfer of 

20 funds or value to private transportation providers or 

21 ineligible public entities (such as local governments, 

22 air quality agencies, zoning commissions, special dis23 tricts, and transit agencies) that have statutory re24 sponsibility or authority for actions necessary to im25 plement strategies pursuant to— 


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1 (A) sections 134(k)(6) and 135(f)(9) of 

2 title 23, United States Code; and 

3 (B) sections 5303(k)(7) and 5304(f)(9) of 

4 title 49, United States Code. 

5 SEC. 403. COMMUTER BENEFITS EQUITY. 

6 (a) UNIFORM DOLLAR LIMITATION FOR ALL TYPES

7 OF TRANSPORTATION FRINGE BENEFITS.— 

8 (1) IN GENERAL.—Section 132(f)(2) of the In9 ternal Revenue Code of 1986 (relating to limitation 

10 on exclusion) is amended— 

11 (A) by striking ‘‘$100’’ in subparagraph 

12 (A) and inserting ‘‘$230’’, 

13 (B) by striking ‘‘$175’’ in subparagraph 

14 (B) and inserting ‘‘$230’’, and 

15 (C) by striking the last sentence. 

16 (2) INFLATION ADJUSTMENT CONFORMING

17 AMENDMENTS.—Subparagraph (A) of section 

18 132(f)(6) of the Internal Revenue Code of 1986 (re19 lating to inflation adjustment) is amended— 

20 (A) by striking the last sentence, 

21 (B) by striking ‘‘1999’’ and inserting 

22 ‘‘2011’’, and 

23 (C) by striking ‘‘1998’’ and inserting 

24 ‘‘2010’’. 


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1 (3) EFFECTIVE DATE.—The amendments made 

2 by this section shall apply to taxable years beginning 

3 after December 31, 2010. 

4 (b) CLARIFICATION OF FEDERAL EMPLOYEE BENE5 FITS.—Section 7905 of title 5, United States Code, is 

6 amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (2)(C), by inserting 

9 ‘‘and’’ after the semicolon; 

10 (B) in paragraph (3), by striking ‘‘; and’’ 

11 and inserting a period; and 

12 (C) by striking paragraph (4); and 

13 (2) in subsection (b)(2), by striking subpara14 graph (A) and inserting the following: 

15 ‘‘(A) a qualified transportation fringe as 

16 defined in section 132(f)(1) of the Internal Rev17 enue Code of 1986;’’. 

18 Subtitle B—Freight Transportation 

19 SEC. 411. FREIGHT TRANSPORTATION GOAL AND PLAN. 

20 (a) FREIGHT TRANSPORTATION OPTIONS GOAL.— 

21 (1) IN GENERAL.—Subject to paragraph (2), it 

22 shall be the goal of the United States to shift at 

23 least 10 percent of freight shipped by truck to rail 

24 or marine shipping by calendar year 2020. 


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1 (2) INCREASE.—The Secretary of Transpor2 tation may increase the goal established under para3 graph (1) based on the evaluation of national freight 

4 rail and marine shipping infrastructure and the na5 tional freight transportation options plan developed 

6 pursuant to subsection (b). 

7 (b) FREIGHT TRANSPORTATION PLAN.— 

8 (1) IN GENERAL.—Not later than 18 months 

9 after the date of enactment of this Act, the Sec10 retary of Transportation shall develop a national 

11 freight transportation options plan. 

12 (2) CONTENTS.—The plan developed under 

13 paragraph (1) shall include— 

14 (A) an evaluation of national freight rail 

15 and marine shipping infrastructure; 

16 (B) an assessment of barriers to increased 

17 movement of freight by rail and marine ship18 ping; 

19 (C) an identification of areas or corridors 

20 in which additional capacity or other infrastruc21 ture is needed to allow increased use of freight 

22 rail and marine shipping; and 

23 (D) a strategic plan for investments in ca24 pacity or other measures to encourage increased 


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1 use of freight rail and marine shipping to meet 

2 the goal established under subsection (a). 

3 SEC. 412. FREIGHT RAIL CONGESTION GRANTS. 

4 (a) IN GENERAL.—Section 24105 of title 49, United 

5 States Code, is amended to read as follows: 

6 ‘‘SEC. 24105. FREIGHT RAIL CONGESTION GRANTS. 

7 ‘‘(a) AUTHORITY.—The Secretary of Transportation 

8 may make grants to States for financing the capital costs 

9 of facilities, infrastructure, and equipment for high pri10 ority rail corridor projects necessary to reduce congestion 

11 in freight rail transportation. 

12 ‘‘(b) ELIGIBLE PROJECTS.—Projects eligible for 

13 grants under this section shall be covered by a State rail 

14 plan and provide public benefits (as defined by chapter 

15 27). 

16 ‘‘(c) FEDERAL SHARE.—The Federal share of the 

17 cost of a project financed under this section shall not ex18 ceed 80 percent. 

19 ‘‘(d) GRANT CONDITIONS.—The Secretary of Trans20 portation shall require each recipient of a grant under this 

21 section to comply with the applicable grant requirements 

22 of section 24405. 

23 ‘‘(e) EQUITABLE DISTRIBUTION.—The Secretary 

24 shall take such measures as are necessary to ensure an 

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1 priate balance in addressing the needs of urban and rural 

2 communities.’’. 

3 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

4 sections for chapter XXX of title 49, United States Code, 

5 is amended by striking the item relating to section 24105 

6 and inserting the following: 

‘‘Sec. 24105. Freight rail congestion grants.’’. 

7 SEC. 413. RAIL ELECTRIFICATION STUDY. 

8 (a) IN GENERAL.—The Comptroller General of the 

9 United States shall conduct a study on the benefits and 

10 costs of electrification of rail corridors, including the role 

11 of rail electrification in meeting the national oil independ12 ence goal established under section 101. 

13 (b) REPORT.—Not later than 180 days after the date 

14 of enactment of this Act, the Comptroller General shall 

15 submit to the Committee on Commerce, Science, and 

16 Transportation of the Senate and the Committee on 

17 Transportation and Infrastructure of the House of Rep18 resentatives a report describing the results of the study 

19 required under subsection (a). 


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1 TITLE V—ALTERNATIVE 

2 TRANSPORTATION FUELS 

3 Subtitle A—Advanced Biofuels 

4 SEC. 501. ALLOWANCE OF INVESTMENT TAX CREDIT FOR 

5 ADVANCED BIOFUEL FACILITIES. 

6 (a) IN GENERAL.—Subsection (a) of section 48 of the 

7 Internal Revenue Code of 1986 is amended by adding at 

8 the end the following new paragraph: 

9 ‘‘(6) ELECTION TO TREAT QUALIFIED AD10 VANCED BIOFUEL FACILITIES AS ENERGY PROP11 ERTY.— 

12 ‘‘(A) IN GENERAL.—In the case of any 

13 qualified property which is part of a qualified 

14 advanced biofuel facility investment credit facil15 ity— 

16 ‘‘(i) such property shall be treated as 

17 energy property for purposes of this sec18 tion, and 

19 ‘‘(ii) the energy percentage with re20 spect to such property shall be 30 percent. 

21 ‘‘(B) QUALIFIED PROPERTY.—For pur22 poses of this paragraph, the term ‘qualified 

23 property’ means property— 

24 ‘‘(i) which is— 


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1 ‘‘(I) tangible personal property, 

2 or 

3 ‘‘(II) other tangible property (not 

4 including a building or its structural 

5 components), but only if such prop6 erty is used as an integral part of the 

7 qualified investment credit facility, 

8 and 

9 ‘‘(ii) with respect to which deprecia10 tion (or amortization in lieu of deprecia11 tion) is allowable. 

12 ‘‘(C) QUALIFIED ADVANCED BIOFUEL FA13 CILITY.—For purposes of this paragraph, the 

14 term ‘qualified advanced biofuel facility’ means 

15 any facility— 

16 ‘‘(i) the primary purpose of which is 

17 the production of advanced biofuels which 

18 are transportation-grade fuels, 

19 ‘‘(ii) which is originally placed in serv20 ice by the taxpayer after the date of the 

21 enactment of this paragraph and before 

22 December 31, 2016, and 

23 ‘‘(iii) with respect to which the tax24 payer makes an election to have this para25 graph apply. 


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1 ‘‘(D) ADVANCED BIOFUELS.—For pur2 poses of subparagraph (C), the term ‘advanced 

3 biofuel’ means alcohol (as defined in section 

4 40(d)(1)), other than ethanol derived from corn 

5 starch, used as a fuel which has lifecycle green6 house gas emissions (as defined in section 

7 211(o)(1)(H) of the Clean Air Act) at least 50 

8 percent less than baseline lifecycle greenhouse 

9 gas emissions (as defined in section 

10 211(o)(1)(C) of such Act).’’. 

11 (b) COORDINATION WITH SPECIAL ALLOWANCE FOR

12 CELLULOSIC BIOFUEL PLANT PROPERTY.—Paragraph 

13 (8) of section 168(l) of the Internal Revenue Code of 1986 

14 is amended by inserting ‘‘or under section 48(a)(6)’’ be15 fore the period at the end. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to property placed in service after 

18 the date of the enactment of this Act. 

19 SEC. 502. GRANTS FOR ADVANCED BIOFUEL FACILITY 

20 PROPERTY. 

21 Section 1603 of division B of the American Recovery 

22 and Reinvestment Act of 2009 is amended by adding at 

23 the end the following: 

24 ‘‘(k) APPLICATION TO QUALIFIED ADVANCED

25 BIOFUEL FACILITY PROPERTY.—In the case of qualified 


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1 property (as defined in section 48(a)(6)(B) of the Internal 

2 Revenue Code of 1986) which is part of a qualified ad3 vanced biofuel facility (within the meaning of section 

4 48(a)(6)(C) of such Code)— 

5 ‘‘(1) such qualified property shall be treated as 

6 specified energy property for purposes of this sec7 tion, and 

8 ‘‘(2) in applying this section to such qualified 

9 property— 

10 ‘‘(A) subsection (a) shall be applied— 

11 ‘‘(i) by substituting ‘the 2-year period 

12 beginning on the date of the enactment of 

13 this subsection’ for ‘2009 or 2010’ each 

14 place it appears, and 

15 ‘‘(ii) by substituting ‘after such 2-year 

16 period’ for ‘2010’ in paragraph (2) thereof, 

17 ‘‘(B) the applicable percentage with respect 

18 to such qualified property shall be 30 percent, 

19 ‘‘(C) the credit termination date with re20 spect to such qualified property shall be Janu21 ary 1, 2017, and 

22 ‘‘(D) subsection (j) shall be applied by sub23 stituting ‘the date which is 9-months after the 

24 2-year period described in subsection 

25 (k)(2)(A)(i)’ for ‘October 1, 2011’.’’. 


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1 SEC. 503. INCLUSION OF ALGAE-BASED BIOFUEL IN DEFINI2 TION OF CELLULOSIC BIOFUEL. 

3 (a) CELLULOSIC BIOFUEL PRODUCER CREDIT.— 

4 (1) GENERAL RULE.—Paragraph (4) of section 

5 40(a) of the Internal Revenue Code of 1986 is 

6 amended by inserting ‘‘and algae-based’’ after ‘‘cel7 lulosic’’. 

8 (2) DEFINITIONS.—Paragraph (6) of section 

9 40(b) of such Code is amended— 

10 (A) by inserting ‘‘AND ALGAE-BASED’’ 

11 after ‘‘CELLULOSIC’’ in the heading, 

12 (B) by striking subparagraph (A) and in13 serting the following: 

14 ‘‘(A) IN GENERAL.—The cellulosic and 

15 algae-based biofuel producer credit of any tax16 payer is an amount equal to the applicable 

17 amount for each gallon of— 

18 ‘‘(i) qualified cellulosic biofuel produc19 tion, and 

20 ‘‘(ii) qualified algae-based biofuel pro21 duction.’’, 

22 (C) by redesignating subparagraphs (F), 

23 (G), and (H) as subparagraphs (I), (J), and 

24 (K), respectively, 


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1 (D) by inserting ‘‘AND ALGAE-BASED’’ 

2 after ‘‘CELLULOSIC’’ in the heading of subpara3 graph (I), as so redesignated, 

4 (E) by inserting ‘‘or algae-based biofuel, 

5 whichever is appropriate,’’ after ‘‘cellulosic 

6 biofuel’’ in subparagraph (J), as so redesig7 nated, 

8 (F) by inserting ‘‘and qualified algae-based 

9 biofuel production’’ after ‘‘qualified cellulosic 

10 biofuel production’’ in subparagraph (K), as so 

11 redesignated, and 

12 (G) by inserting after subparagraph (E) 

13 the following new subparagraphs: 

14 ‘‘(F) QUALIFIED ALGAE-BASED BIOFUEL

15 PRODUCTION.—For purposes of this section, 

16 the term ‘qualified algae-based biofuel produc17 tion’ means any algae-based biofuel which is 

18 produced by the taxpayer, and which during the 

19 taxable year— 

20 ‘‘(i) is sold by the taxpayer to another 

21 person— 

22 ‘‘(I) for use by such other person 

23 in the production of a qualified algae24 based biofuel mixture in such other 


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1 person’s trade or business (other than 

2 casual off-farm production), 

3 ‘‘(II) for use by such other per4 son as a fuel in a trade or business, 

5 or 

6 ‘‘(III) who sells such algae-based 

7 biofuel at retail to another person and 

8 places such algae-based biofuel in the 

9 fuel tank of such other person, or 

10 ‘‘(ii) is used or sold by the taxpayer 

11 for any purpose described in clause (i). 

12 The qualified algae-based biofuel production of 

13 any taxpayer for any taxable year shall not in14 clude any alcohol which is purchased by the 

15 taxpayer and with respect to which such pro16 ducer increases the proof of the alcohol by addi17 tional distillation. 

18 ‘‘(G) QUALIFIED ALGAE-BASED BIOFUEL

19 MIXTURE.—For purposes of this paragraph, the 

20 term ‘qualified algae-based biofuel mixture’ 

21 means a mixture of algae-based biofuel and gas22 oline or of algae-based biofuel and a special fuel 

23 which— 


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1 ‘‘(i) is sold by the person producing 

2 such mixture to any person for use as a 

3 fuel, or 

4 ‘‘(ii) is used as a fuel by the person 

5 producing such mixture. 

6 ‘‘(H) ALGAE-BASED BIOFUEL.—For pur7 poses of this paragraph— 

8 ‘‘(i) IN GENERAL.—The term ‘algae9 based biofuel’ means any liquid fuel, in10 cluding gasoline, diesel, aviation fuel, and 

11 ethanol, which— 

12 ‘‘(I) is produced from the bio13 mass of algal organisms, and 

14 ‘‘(II) meets the registration re15 quirements for fuels and fuel additives 

16 established by the Environmental Pro17 tection Agency under section 211 of 

18 the Clean Air Act (42 U.S.C. 7545). 

19 ‘‘(ii) ALGAL ORGANISM.—The term 

20 ‘algal organism’ means a single- or multi21 cellular organism which is primarily aquat22 ic and classified as a non-vascular plant, 

23 including microalgae, blue-green algae 

24 (cyanobacteria), and macroalgae (sea25 weeds). 


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1 ‘‘(iii) EXCLUSION OF LOW-PROOF AL2 COHOL.—Such term shall not include any 

3 alcohol with a proof of less than 150. The 

4 determination of the proof of any alcohol 

5 shall be made without regard to any added 

6 denaturants.’’. 

7 (3) CONFORMING AMENDMENTS.— 

8 (A) Subparagraph (D) of section 40(d)(3) 

9 of such Code is amended— 

10 (i) by inserting ‘‘AND ALGAE-BASED’’ 

11 after ‘‘CELLULOSIC’’ in the heading, 

12 (ii) by inserting ‘‘or (b)(6)(F)’’ after 

13 ‘‘(b)(6)(C)’’ in clause (ii), and 

14 (iii) by inserting ‘‘or algae-based’’ 

15 after ‘‘such cellulosic’’. 

16 (B) Paragraph (6) of section 40(d) of such 

17 Code is amended— 

18 (i) by inserting ‘‘AND ALGAE-BASED’’ 

19 after ‘‘CELLULOSIC’’ in the heading, and 

20 (ii) by striking the first sentence and 

21 inserting ‘‘No cellulosic and algae-based 

22 biofuel producer credit shall be determined 

23 under subsection (a) with respect to any 

24 cellulosic or algae-based biofuel unless such 

25 cellulosic or algae-based biofuel is produced 


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1 in the United States and used as a fuel in 

2 the United States.’’ 

3 (C) Paragraph (3) of section 40(e) of such 

4 Code is amended by inserting ‘‘AND ALGAE5 BASED’’ after ‘‘CELLULOSIC’’ in the heading. 

6 (D) Paragraph (1) of section 4101(a) of 

7 such Code is amended— 

8 (i) by inserting ‘‘or algae-based’’ after 

9 ‘‘cellulosic’’, and 

10 (ii) by inserting ‘‘and 40(b)(6)(H), re11 spectively’’ after ‘‘section 40(b)(6)(E)’’. 

12 (b) SPECIAL ALLOWANCE FOR CELLULOSIC BIOFUEL

13 PLANT PROPERTY.—Subsection (l) of section 168 of the 

14 Internal Revenue Code of 1986 is amended— 

15 (1) by inserting ‘‘AND ALGAE-BASED’’ after 

16 ‘‘CELLULOSIC’’ in the heading, 

17 (2) by inserting ‘‘and any qualified algae-based 

18 biofuel plant property’’ after ‘‘qualified cellulosic 

19 biofuel plant property’’ in paragraph (1), 

20 (3) by redesignating paragraphs (4) through 

21 (8), as amended by section 501, as paragraphs (6) 

22 through (10), respectively, 

23 (4) by inserting ‘‘or qualified algae-based 

24 biofuel plant property’’ after ‘‘cellulosic biofuel plant 

25 property’’ in paragraph (7)(C), as so redesignated, 


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1 (5) by striking ‘‘with respect to’’ and all that 

2 follows in paragraph (9), as so redesignated, and in3 serting ‘‘with respect to any qualified cellulosic 

4 biofuel plant property and any qualified algae-based 

5 biofuel plant property which ceases to be such quali6 fied property.’’, 

7 (6) by inserting ‘‘or qualified algae-based 

8 biofuel plant property’’ after ‘‘cellulosic biofuel plant 

9 property’’ in paragraph (10), as so redesignated, and 

10 (7) by inserting after paragraph (3) the fol11 lowing new paragraphs: 

12 ‘‘(4) QUALIFIED ALGAE-BASED BIOFUEL PLANT

13 PROPERTY.—The term ‘qualified algae-based biofuel 

14 plant property’ means property of a character sub15 ject to the allowance for depreciation— 

16 ‘‘(A) which is used in the United States 

17 solely to produce algae-based biofuel, 

18 ‘‘(B) the original use of which commences 

19 with the taxpayer after the date of the enact20 ment of this paragraph, 

21 ‘‘(C) which is acquired by the taxpayer by 

22 purchase (as defined in section 179(d)) after 

23 the date of the enactment of this paragraph, 

24 but only if no written binding contract for the 


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1 acquisition was in effect on or before such date, 

2 and 

3 ‘‘(D) which is placed in service by the tax4 payer before January 1, 2014. 

5 ‘‘(5) ALGAE-BASED BIOFUEL.— 

6 ‘‘(A) IN GENERAL.—The term ‘algae-based 

7 biofuel’ means any liquid fuel which is produced 

8 from the biomass of algal organisms. 

9 ‘‘(B) ALGAL ORGANISM.—The term ‘algal 

10 organism’ means a single- or multi-cellular or11 ganism which is primarily aquatic and classified 

12 as a non-vascular plant, including microalgae, 

13 blue-green algae (cyanobacteria), and 

14 macroalgae (seaweeds).’’. 

15 (c) EFFECTIVE DATES.— 

16 (1) CELLULOSIC BIOFUEL PRODUCER CRED17 IT.—The amendments made by subsection (a) shall 

18 apply to fuel produced after the date of the enact19 ment of this Act. 

20 (2) SPECIAL ALLOWANCE FOR CELLULOSIC

21 BIOFUEL PLANT PROPERTY.—The amendments 

22 made by subsection (b) shall apply to property pur23 chased and placed in service after the date of the en24 actment of this Act. 


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1 SEC. 504. EXTENSION OF CELLULOSIC BIOFUEL PRODUCER 

2 CREDIT. 

3 (a) IN GENERAL.—Subparagraph (K) of section 

4 40(b)(6) of the Internal Revenue Code of 1986, as redesig5 nated by section 503(a)(2)(C), is amended by striking 

6 ‘‘January 1, 2013’’ and inserting ‘‘January 1, 2017’’. 

7 SEC. 505. EXTENSION OF SPECIAL ALLOWANCE FOR CELLU8 LOSIC BIOFUEL PLANT PROPERTY. 

9 (a) IN GENERAL.—Paragraph (2)(D) of section 

10 168(l) of the Internal Revenue Code of 1986 is amended 

11 by striking ‘‘January 1, 2013’’ and inserting ‘‘January 1, 

12 2017’’. 

13 (b) ALGAE-BASED BIOFUEL.—Paragraph (4)(D) of 

14 section 168(l) of the Internal Revenue Code of 1986, as 

15 amended by section 503(b)(7), is amended by striking 

16 ‘‘January 1, 2013’’ and inserting ‘‘January 1, 2017’’. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply to property placed in service after 

19 the date of the enactment of this Act. 

20 SEC. 506. EXTENSION OF INCENTIVES FOR BIODIESEL AND 

21 RENEWABLE DIESEL. 

22 (a) CREDITS FOR BIODIESEL AND RENEWABLE DIE23 SEL USED AS FUEL.—Subsection (g) of section 40A of 

24 the Internal Revenue Code of 1986 is amended by striking 

25 ‘‘December 31, 2011’’ and inserting ‘‘December 31, 

26 2016’’. 


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1 (b) EXCISE TAX CREDITS AND OUTLAY PAYMENTS

2 FOR BIODIESEL AND RENEWABLE DIESEL FUEL MIX3 TURES.— 

4 (1) Paragraph (6) of section 6426(c) of the In5 ternal Revenue Code of 1986 is amended by striking 

6 ‘‘December 31, 2011’’ and inserting ‘‘December 31, 

7 2016’’. 

8 (2) Subparagraph (B) of section 6427(e)(6) of 

9 the Internal Revenue Code of 1986 is amended by 

10 striking ‘‘December 31, 2011’’ and inserting ‘‘De11 cember 31, 2016’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall apply to fuel sold or used after December 

14 31, 2011. 

15 SEC. 507. EXTENSION OF ALCOHOL FUELS TAX CREDITS. 

16 (a) IN GENERAL.—Paragraph (1) of section 40(e) of 

17 the Internal Revenue Code of 1986 is amended— 

18 (1) in subparagraph (A), by striking ‘‘December 

19 31, 2011’’ and inserting ‘‘December 31, 2016’’, and 

20 (2) in subparagraph (B), by striking ‘‘January 

21 1, 2012’’ and inserting ‘‘January 1, 2017’’. 

22 (b) RULE FOR CREDIT FOR ETHANOL BLENDERS.— 

23 Subsection (h) of section 40 of the Internal Revenue Code 

24 of 1986 is amended— 


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1 (1) in paragraph (1), by striking ‘‘during cal2 endar years 2001 through 2010’’ and inserting 

3 ‘‘after calendar year 2001’’, and 

4 (2) in paragraph (2), by inserting at the end 

5 the following flush sentence: 

6 ‘‘In the case of any sale or use after calendar year 2011, 

7 the blender amount and the low-proof blender amount 

8 shall be 0 cents.’’. 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply to alcohol produced, sold, or used 

11 after December 31, 2011. 

12 Subtitle B—Powering Vehicles 

13 With Natural Gas 

14 SEC. 511. CREDIT FOR QUALIFIED NATURAL GAS MOTOR 

15 VEHICLES. 

16 (a) IN GENERAL.— 

17 (1) IN GENERAL.—Subsection (e) of section 

18 30B of the Internal Revenue Code of 1986 (relating 

19 to new qualified alternative fuel motor vehicle credit) 

20 is amended by adding at the end the following new 

21 paragraphs: 

22 ‘‘(6) SPECIAL RULES FOR QUALIFIED NATURAL

23 GAS MOTOR VEHICLES.— 

24 ‘‘(A) IN GENERAL.—In the case of a quali25 fied natural gas motor vehicle— 


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1 ‘‘(i) such motor vehicle shall be treat2 ed as a new qualified alternative fuel motor 

3 vehicle under this subsection, 

4 ‘‘(ii) paragraph (3) shall be applied by 

5 multiplying each of the dollar amounts 

6 contained in such paragraph by 2, and 

7 ‘‘(iii) the credit allowed under this 

8 subsection shall be transferrable as pro9 vided in subparagraph (B). 

10 ‘‘(B) TRANSFERABILITY OF CREDIT.— 

11 ‘‘(i) IN GENERAL.—A taxpayer who 

12 places in service qualified natural gas 

13 motor vehicle may transfer the credit al14 lowed under this subsection with respect to 

15 such vehicle through an assignment to the 

16 seller, the manufacturer, or the lessee of 

17 such vehicle. Such transfer may be revoked 

18 only with the consent of the Secretary. 

19 ‘‘(ii) REGULATIONS.—The Secretary 

20 shall prescribe such regulations as nec21 essary to ensure that any credit trans22 ferred under clause (i) is claimed once and 

23 not reassigned by such other person. 

24 ‘‘(7) QUALIFIED NATURAL GAS MOTOR VEHI25 CLE.— 


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1 ‘‘(A) IN GENERAL.—For purposes of this 

2 subsection, the term ‘qualified natural gas 

3 motor vehicle’ means any motor vehicle— 

4 ‘‘(i) which is described in subpara5 graph (B), (C), or (D), 

6 ‘‘(ii) the original use of which com7 mences with the taxpayer, 

8 ‘‘(iii) which is acquired by the tax9 payer for use or lease, but not for resale, 

10 and 

11 ‘‘(iv) which is placed in service before 

12 the date which is 10 years after the date 

13 of the enactment of this paragraph. 

14 ‘‘(B) HEAVY DUTY VEHICLES.—A motor 

15 vehicle is described in this subparagraph if such 

16 motor vehicle— 

17 ‘‘(i) is made by a manufacturer, 

18 ‘‘(ii) has a gross vehicle weight rating 

19 of more than 8,500 pounds, and 

20 ‘‘(iii) is— 

21 ‘‘(I) only capable of operating on 

22 compressed or liquified natural gas, or 

23 ‘‘(II) capable of operating for 

24 more than 175 miles on 1 fueling of 

25 compressed or liquified natural gas 


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1 and is capable of operating on gaso2 line or diesel fuel. 

3 ‘‘(C) LIGHT AND MEDIUM DUTY VEHI4 CLES.—A motor vehicle is described in this sub5 paragraph if such motor vehicle— 

6 ‘‘(i) is made by a manufacturer, 

7 ‘‘(ii) has a gross vehicle weight rating 

8 of not more 8,500 pounds, 

9 ‘‘(iii) is— 

10 ‘‘(I) only capable of operating on 

11 compressed or liquified natural gas, or 

12 ‘‘(II) capable of operating for 

13 more than 175 miles on 1 fueling of 

14 compressed or liquified natural gas 

15 and is capable of operating on gaso16 line or diesel fuel, 

17 ‘‘(iv) is of a character subject to de18 preciation, and 

19 ‘‘(v) is acquired by a taxpayer who— 

20 ‘‘(I) owns and operates not less 

21 than 10 motor vehicles in the course 

22 of a trade or business at the time of 

23 the acquisition, and 

24 ‘‘(II) has placed in service more 

25 than 2 motor vehicles described in 


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1 clauses (i) through (iv) or described in 

2 subparagraph (D)(iii) after the date 

3 of the enactment of this paragraph. 

4 ‘‘(D) CONVERTED OR REPOWERED VEHI5 CLES.— 

6 ‘‘(i) IN GENERAL.—A motor vehicle is 

7 described in this subparagraph if such 

8 motor vehicle is a motor vehicle described 

9 in clause (ii) or clause (iii) which is con10 verted or repowered so that it— 

11 ‘‘(I) is only capable of operating 

12 on compressed or liquified natural 

13 gas, or 

14 ‘‘(II) is capable of operating for 

15 more than 175 miles on 1 fueling of 

16 compressed or liquified natural gas 

17 and is capable of operating on gaso18 line or diesel fuel, is capable of oper19 ating on compressed or liquefied nat20 ural gas. 

21 ‘‘(ii) HEAVY DUTY VEHICLES.—A 

22 motor vehicle is described in this clause if 

23 such motor vehicle— 


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1 ‘‘(I) has a gross vehicle weight 

2 rating of more than 8,500 pounds, 

3 and 

4 ‘‘(II) was not capable of oper5 ating on compressed or liquified nat6 ural gas before the date of such con7 version or repower. 

8 ‘‘(iii) LIGHT AND MEDIUM DUTY VE9 HICLES.—A motor vehicle is described in 

10 this clause if such motor vehicle— 

11 ‘‘(I) has a gross vehicle weight 

12 rating of not more 8,500 pounds, 

13 ‘‘(II) was not capable of oper14 ating on compressed or liquified nat15 ural gas before the date of such con16 version or repower, 

17 ‘‘(III) is of a character subject to 

18 depreciation, 

19 ‘‘(IV) is acquired by a taxpayer 

20 who owns and operates not less than 

21 10 motor vehicles in the course of a 

22 trade or business at the time of the 

23 acquisition, and 

24 ‘‘(V) is acquired by a taxpayer 

25 who has placed in service more than 2 


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1 motor vehicles described in subclauses 

2 (I) through (III) or described in sub3 paragraph (C) after the date of the 

4 enactment of this paragraph. 

5 ‘‘(iv) SPECIAL RULES.— 

6 ‘‘(I) TREATMENT AS NEW.—For 

7 purposes of this subsection, the origi8 nal use of any motor vehicle described 

9 in clause (i) shall be treated as begin10 ning with the first use after the date 

11 of the conversion or repower. 

12 ‘‘(II) RULE OF CONSTRUC13 TION.—In the case of a used vehicle 

14 which is converted or repowered, noth15 ing in this section shall be construed 

16 to require that the motor vehicle be 

17 acquired in the year the credit is 

18 claimed under this section with re19 spect to such vehicle. 

20 ‘‘(E) SPECIAL RULE.—For purposes of 

21 this subsection, in the case of a motor vehicle 

22 which— 

23 ‘‘(i) is described in subparagraph (C) 

24 or (D)(iii), 


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1 ‘‘(ii) is placed in service after the date 

2 of the enactment of this paragraph, and 

3 ‘‘(iii) is placed in service by a tax4 payer in a taxable year prior to the taxable 

5 year in which such taxpayer places in serv6 ice the third such motor vehicle described 

7 in subparagraph (C) or (D)(iii) after such 

8 date of enactment. 

9 such motor vehicle shall be treated as placed in 

10 service in the taxable year in which such third 

11 motor vehicle is placed in service.’’. 

12 (2) CONFORMING AMENDMENT.—Subparagraph 

13 (B) of section 30B(e)(5) of such Code is amended 

14 by inserting ‘‘(other than a qualified natural gas 

15 motor vehicle)’’ after ‘‘paragraph (3)’’. 

16 (b) MIXED-FUEL VEHICLES.—Subparagraph (C) of 

17 section 30B(e)(5) of the Internal Revenue Code of 1986 

18 is amended by striking ‘‘a mixed-fuel vehicle which oper19 ates using’’ and all that follows and inserting ‘‘a mixed20 fuel vehicle which— 

21 ‘‘(i) in the case of such a vehicle 

22 which is capable of operating on com23 pressed or liquified natural gas, operates 

24 using at least 65 percent compressed or 


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1 liquified natural gas and not more than 35 

2 percent petroleum-based fuel, and 

3 ‘‘(ii) in the case of any other such ve4 hicle, operates using at least 75 percent al5 ternative fuel and not more than 25 per6 cent petroleum-based fuel.’’. 

7 (c) ALTERNATIVE MINIMUM TAX TREATMENT.— 

8 Subparagraph (B) of section 38(c)(4) of the Internal Rev9 enue Code of 1986 is amended by redesignating clauses 

10 (i) through (ix) as clauses (ii) through (x), respectively, 

11 and by inserting after before clause (ii) (as so redesig12 nated) the following new clause: 

13 ‘‘(i) the amount of the credit deter14 mined under section 30B which is attrib15 utable to a qualified natural gas motor ve16 hicle (as defined in section 30B(e)(7)).’’. 

17 (d) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply to property placed in service after 

19 the date of the enactment of this Act. 

20 SEC. 512. NATURAL GAS VEHICLE BONDS. 

21 (a) IN GENERAL.—Subpart I of part IV of sub22 chapter A of chapter 1 (relating to qualified tax credit 

23 bonds) of the Internal Revenue Code of 1986 is amended 

24 by adding at the end the following new section: 


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1 ‘‘SEC. 54G. NATURAL GAS VEHICLE BONDS. 

2 ‘‘(a) NATURAL GAS VEHICLE BOND.—For purposes 

3 of this subpart, the term ‘natural gas vehicle bond’ means 

4 any bond issued as part of an issue if— 

5 ‘‘(1) 100 percent of the available project pro6 ceeds of such issue are to be used for capital expend7 itures incurred by a governmental body for 1 or 

8 more qualified natural gas vehicle projects placed in 

9 service by such governmental body primarily for gov10 ernmental or public use, 

11 ‘‘(2) the bond is issued by a governmental body, 

12 ‘‘(3) the issuer designates such bond for pur13 poses of this section, and 

14 ‘‘(4) in lieu of the requirements of section 

15 54A(d)(2), the issue meets the requirements of sub16 section (c). 

17 ‘‘(b) LIMITATION ON AMOUNT OF BONDS DES18 IGNATED.— 

19 ‘‘(1) IN GENERAL.—The maximum aggregate 

20 face amount of bonds which may be designated 

21 under subsection (a) by any issuer shall not exceed 

22 the limitation amount allocated under this sub23 section to such issuer. 

24 ‘‘(2) NATIONAL LIMITATION ON AMOUNT OF

25 BONDS DESIGNATED.—There is a national natural 

26 gas vehicle bond limitation of $3,000,000,000. 


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1 ‘‘(3) ALLOCATION BY SECRETARY.—The Sec2 retary shall allocate the amount described in para3 graph (2) among qualified natural gas vehicle 

4 projects in such manner as the Secretary determines 

5 appropriate. 

6 ‘‘(c) SPECIAL RULES RELATING TO EXPENDI7 TURES.— 

8 ‘‘(1) IN GENERAL.—An issue shall be treated as 

9 meeting the requirements of this subsection if, as of 

10 the date of issuance, the issuer reasonably expects— 

11 ‘‘(A) 100 percent or more of the available 

12 project proceeds of such issue are to be spent 

13 for 1 or more qualified natural gas vehicle 

14 projects within the 5-year period beginning on 

15 the date of issuance of the natural gas vehicle 

16 bond, 

17 ‘‘(B) a binding commitment with a third 

18 party to spend at least 10 percent of such avail19 able project proceeds will be incurred within the 

20 6-month period beginning on the date of 

21 issuance of the natural gas vehicle bond, and 

22 ‘‘(C) such projects will be completed with 

23 due diligence and such available project pro24 ceeds will be spent with due diligence. 


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1 ‘‘(2) EXTENSION OF PERIOD.—Upon submis2 sion of a request prior to the expiration of the period 

3 described in paragraph (1)(A), the Secretary may 

4 extend such period if the issuer establishes that the 

5 failure to satisfy the 5-year requirement is due to 

6 reasonable cause and the related projects will con7 tinue to proceed with due diligence. 

8 ‘‘(3) FAILURE TO SPEND REQUIRED AMOUNT

9 OF BOND PROCEEDS WITHIN 5 YEARS.—To the ex10 tent that less than 100 percent of the available 

11 project proceeds of such issue are expended by the 

12 close of the 5-year period beginning on the date of 

13 issuance (or if an extension has been obtained under 

14 paragraph (2), by the close of the extended period), 

15 the issuer shall redeem all of the nonqualified bonds 

16 within 90 days after the end of such period. For 

17 purposes of this paragraph, the amount of the non18 qualified bonds required to be redeemed shall be de19 termined in the same manner as under section 142. 

20 ‘‘(d) GOVERNMENTAL BODY.—For purposes of this 

21 section, the term ‘governmental body’ means any State, 

22 territory, possession of the United States, the District of 

23 Columbia, Indian tribal government, and any political sub24 division thereof. 


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1 ‘‘(e) QUALIFIED NATURAL GAS VEHICLE

2 PROJECT.—For purposes of this subpart, the term ‘quali3 fied natural gas vehicle project’ means— 

4 ‘‘(1) 1 or more qualified natural gas vehicles 

5 (as defined in section 30B(e)(7)), or 

6 ‘‘(2) 1 or more qualified alternative fuel vehicle 

7 refueling properties which are used to store and or 

8 dispense compressed or liquefied natural gas (within 

9 the meaning of section 30C(c)). 

10 ‘‘(f) TERMINATION.—This section shall not apply 

11 with respect to any bond issued after December 31, 

12 2020.’’. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) Paragraph (1) of section 54A(d) of the In15 ternal Revenue Code of 1986 is amended by striking 

16 ‘‘or’’ at the end of subparagraph (D), by striking the 

17 period at the end of subparagraph (E) and inserting 

18 ‘‘, or’’, and by inserting after subparagraph (E) the 

19 following new subparagraph: 

20 ‘‘(F) a natural gas vehicle bond,’’. 

21 (2) Subparagraph (C) of section 54A(d)(2) of 

22 such Code is amended by striking ‘‘and’’ at the end 

23 of clause (iv), by striking the period at the end of 

24 clause (v) and inserting ‘‘, and’’, and by adding at 

25 the end the following new clause: 


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1 ‘‘(vi) in the case of a natural gas vehi2 cle bond, a purpose specified in section 

3 54H(a)(1).’’. 

4 (c) CLERICAL AMENDMENT.—The table of sections 

5 for subpart I of part IV of subchapter A of chapter 1 of 

6 such Code is amended by adding at the end the following 

7 new item: 

‘‘Sec. 54G. Natural gas vehicle bonds.’’. 

8 (d) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply to bonds issued after the date of 

10 the enactment of this Act. 

11 SEC. 513. INCENTIVES FOR MANUFACTURING FACILITIES 

12 PRODUCING VEHICLES FUELED BY COM13 PRESSED OR LIQUIFIED NATURAL GAS. 

14 (a) DEDUCTION FOR MANUFACTURING FACILI15 TIES.— 

16 (1) IN GENERAL.—Part VI of subchapter B of 

17 chapter 1 of the Internal Revenue Code of 1986 (re18 lating to itemized deductions for individuals and cor19 porations) is amended by inserting after section 

20 179E the following new section: 


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1 ‘‘SEC. 179F. EXPENSING FOR MANUFACTURING FACILITIES 

2 PRODUCING VEHICLES FUELED BY COM3 PRESSED NATURAL GAS OR LIQUIFIED NAT4 URAL GAS. 

5 ‘‘(a) TREATMENT AS EXPENSES.—A taxpayer may 

6 elect to treat the applicable percentage of the cost of any 

7 qualified natural gas vehicle manufacturing facility prop8 erty as an expense which is not chargeable to a capital 

9 account. Any cost so treated shall be allowed as a deduc10 tion for the taxable year in which the qualified manufac11 turing facility property is placed in service. 

12 ‘‘(b) APPLICABLE PERCENTAGE.—For purposes of 

13 subsection (a), the applicable percentage is— 

14 ‘‘(1) 100 percent, in the case of qualified nat15 ural gas vehicle manufacturing facility property 

16 which is placed in service before January 1, 2016, 

17 and 

18 ‘‘(2) 50 percent, in the case of qualified natural 

19 gas vehicle manufacturing facility property which is 

20 placed in service after December 31, 2015, and be21 fore January 1, 2021. 

22 ‘‘(c) ELECTION.— 

23 ‘‘(1) IN GENERAL.—An election under this sec24 tion for any taxable year shall be made on the tax25 payer’s return of the tax imposed by this chapter for 

26 the taxable year. Such election shall be made in such 


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1 manner as the Secretary may by regulations pre2 scribe. 

3 ‘‘(2) ELECTION IRREVOCABLE.—Any election 

4 made under this section may not be revoked except 

5 with the consent of the Secretary. 

6 ‘‘(d) QUALIFIED NATURAL GAS VEHICLE MANUFAC7 TURING FACILITY PROPERTY.—For purposes of this sec8 tion— 

9 ‘‘(1) IN GENERAL.—The term ‘qualified natural 

10 gas vehicle manufacturing facility property’ means 

11 any qualified property— 

12 ‘‘(A) the original use of which commences 

13 with the taxpayer, 

14 ‘‘(B) which is placed in service by the tax15 payer after the date of the enactment of this 

16 section and before January 1, 2021, and 

17 ‘‘(C) no written binding contract for the 

18 construction of which was in effect on or before 

19 the date of the enactment of this section. 

20 ‘‘(2) QUALIFIED PROPERTY.— 

21 ‘‘(A) IN GENERAL.—The term ‘qualified 

22 property’ means any property which is a facility 

23 or a portion of a facility used for the production 

24 of— 


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1 ‘‘(i) any qualified natural gas vehicles 

2 (as defined in section 30B(e)(7)), or 

3 ‘‘(ii) any eligible component. 

4 ‘‘(B) ELIGIBLE COMPONENT.—The term 

5 ‘eligible component’ means any component 

6 which is designed specifically for use in such a 

7 qualified natural gas vehicle. 

8 ‘‘(e) SPECIAL RULE FOR DUAL USE PROPERTY.— 

9 ‘‘(1) IN GENERAL.—In the case of any qualified 

10 natural gas vehicle manufacturing facility property 

11 which is used to produce both property described in 

12 clauses (i) and (ii) of subsection (d)(2)(A) and prop13 erty which is not so described, the amount of costs 

14 taken into account under subsection (a) shall be re15 duced by an amount equal to— 

16 ‘‘(A) the total amount of such costs (deter17 mined before the application of this subsection), 

18 multiplied by 

19 ‘‘(B) the percentage of property expected 

20 to be produced which is not so described. 

21 ‘‘(2) REGULATIONS.—The Secretary shall pre22 scribe such regulations as are necessary to carry out 

23 the purpose of this subsection.’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions of part VI of subchapter B of chapter 1 of the 


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1 Internal Revenue Code of 1986 is amended by in2 serting after the item relating to section 179E the 

3 following new item: 

‘‘Sec. 179F. Expensing for manufacturing facilities producing vehicles fueled by 

compressed natural gas or liquified natural gas.’’. 

4 (b) REFUND OF CREDIT FOR PRIOR YEAR MINIMUM

5 TAX LIABILITY.—Section 53 of the Internal Revenue 

6 Code of 1986 (relating to credit for prior year minimum 

7 tax liability) is amended by adding at the end the following 

8 new subsection: 

9 ‘‘(g) ELECTION TO TREAT AMOUNTS ATTRIBUTABLE

10 TO QUALIFIED MANUFACTURING FACILITY.— 

11 ‘‘(1) IN GENERAL.—In the case of an eligible 

12 taxpayer, the amount determined under subsection 

13 (c) for the taxable year (after the application of sub14 section (e)) shall be increased by an amount equal 

15 to the applicable percentage of any qualified natural 

16 gas vehicle manufacturing facility property which is 

17 placed in service during the taxable year. 

18 ‘‘(2) APPLICABLE PERCENTAGE.—For purposes 

19 of paragraph (1), the applicable percentage is— 

20 ‘‘(A) 35 percent, in the case of qualified 

21 natural gas vehicle manufacturing facility prop22 erty which is placed in service before January 

23 1, 2016, and 


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1 ‘‘(B) 17.5 percent, in the case of qualified 

2 natural gas vehicle manufacturing facility prop3 erty which is placed in service after December 

4 31, 2015, and before January 1, 2021. 

5 ‘‘(3) ELIGIBLE TAXPAYER.—For purposes of 

6 this subsection, the term ‘eligible taxpayer’ means 

7 any taxpayer— 

8 ‘‘(A) who places in service qualified natural 

9 gas vehicle manufacturing facility property dur10 ing the taxable year, 

11 ‘‘(B) who does not make an election under 

12 section 179F(c), and 

13 ‘‘(C) who makes an election under this 

14 subsection. 

15 ‘‘(4) OTHER DEFINITIONS AND SPECIAL

16 RULES.— 

17 ‘‘(A) QUALIFIED NATURAL GAS VEHICLE

18 MANUFACTURING FACILITY PROPERTY.—The 

19 term ‘qualified natural gas vehicle manufac20 turing facility property’ has the meaning given 

21 such term under section 179F(d). 

22 ‘‘(B) SPECIAL RULE FOR DUAL USE PROP23 ERTY.—In the case of any qualified natural gas 

24 vehicle manufacturing facility property which is 

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1 fined in section 179F(d)) and other property 

2 which is not qualified property, the amount of 

3 costs taken into account under paragraph (1) 

4 shall be reduced by an amount equal to— 

5 ‘‘(i) the total amount of such costs 

6 (determined before the application of this 

7 subparagraph), multiplied by 

8 ‘‘(ii) the percentage of property ex9 pected to be produced which is not quali10 fied property. 

11 ‘‘(C) ELECTION.— 

12 ‘‘(i) IN GENERAL.—An election under 

13 this subsection for any taxable year shall 

14 be made on the taxpayer’s return of the 

15 tax imposed by this chapter for the taxable 

16 year. Such election shall be made in such 

17 manner as the Secretary may by regula18 tions prescribe. 

19 ‘‘(ii) ELECTION IRREVOCABLE.—Any 

20 election made under this subsection may 

21 not be revoked except with the consent of 

22 the Secretary. 

23 ‘‘(5) CREDIT REFUNDABLE.—For purposes of 

24 this title (other than this section), the credit allowed 


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1 by reason of this subsection shall be treated as if it 

2 were allowed under subpart C.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to taxable years beginning after 

5 the date of the enactment of this Act. 

6 SEC. 514. STUDY OF INCREASING NATURAL GAS AND LIQ7 UEFIED PETROLEUM GAS VEHICLES IN FED8 ERAL FLEET. 

9 (a) IN GENERAL.—The Administrator of General 

10 Services, in consultation with the Administrator and the 

11 Secretary, shall conduct a study of the means by which 

12 the Federal fleet could increase the number of light-, me13 dium-, and heavy-duty natural gas and liquefied petroleum 

14 gas vehicles in the fleet. 

15 (b) COMPONENTS.—In conducting the study, the Ad16 ministrator of General Services shall— 

17 (1) take into consideration Executive Order 

18 13514 (74 Fed. Reg. 52117; relating to Federal 

19 leadership in environmental, energy, and economic 

20 performance) requiring agencies to meet a 30 per21 cent reduction in vehicle fleet petroleum use by 

22 2020; 

23 (2) assess— 


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1 (A) the barriers to increasing the number 

2 of natural gas and liquefied petroleum gas vehi3 cles in the Federal fleet; 

4 (B) the potential for maximizing the use of 

5 natural gas and liquefied petroleum gas vehicles 

6 in the fleet; 

7 (C) the expected reductions in petroleum 

8 use and greenhouse gas emissions as part of the 

9 potential impacts of increasing natural gas and 

10 liquefied petroleum in the fleet; and 

11 (D) the lifecycle costs involved in fleet con12 versions, including the cost savings from re13 duced fuel consumption; 

14 (3) provide a separate analysis of the potential 

15 costs of installing the specific fueling infrastructure 

16 required to increase natural gas and liquefied petro17 leum gas in the fleet; and 

18 (4) include feasibility assessments for increas19 ing the number of light-, medium-, and heavy-duty 

20 natural gas and liquefied petroleum gas vehicles in 

21 the fleet over a base period of 10 years and acceler22 ated periods of 3 and 5 years. 

23 (c) REPORT.—Not later than 180 days after the date 

24 of enactment of this Act, the Administrator of General 

25 Services shall submit to the appropriate committees of 


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1 Congress a report on the results of the study conducted 

2 under this section. 

3 TITLE VI—HEATING OIL AND 

4 PROPANE CONSERVATION 

5 SEC. 601. ENERGY EFFICIENCY IMPROVEMENTS FOR HEAT6 ING OIL, PROPANE, AND KEROSENE USE IN 

7 HOMES AND COMMERCIAL BUILDINGS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) COST-EFFECTIVE.—The term ‘‘cost-effec10 tive’’, with respect to an energy efficiency program, 

11 means that the program meets the total resource 

12 cost test, which requires that the net present value 

13 of economic benefits over the life of the program or 

14 measure (including avoided supply and delivery costs 

15 and deferred or avoided investments) is greater than 

16 the net present value of the economic costs over the 

17 life of the program, including program costs and in18 cremental costs borne by the energy consumer. 

19 (2) DEPARTMENT.—The term ‘‘Department’’ 

20 means the Department of Energy. 

21 (3) NORA.—The term ‘‘NORA’’ means a na22 tional oilheat research alliance established pursuant 

23 to section 704 of the National Oilheat Research Alli24 ance Act of 2000 (42 U.S.C. 6201 note; Public Law 

25 106–469) or a successor entity. 


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1 (4) PERC.—The term ‘‘PERC’’ means the 

2 Propane Education and Research Council authorized 

3 by the Propane Education and Research Act of 1996 

4 (15 U.S.C. 6401 et seq.) or a successor entity. 

5 (5) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Energy. 

7 (b) ENERGY EFFICIENCY IMPROVEMENT FOR HEAT8 ING OIL, PROPANE, AND KEROSENE PROGRAM.— 

9 (1) ESTABLISHMENT.—There is established in 

10 the Department the Energy Efficiency Improvement 

11 for Heating Oil, Propane, and Kerosene Program 

12 under which the Secretary shall provide funds to 

13 each State that has elected to participate in pro14 grams operated by NORA or PERC to carry out 

15 cost-effective energy efficiency programs for homes 

16 and buildings that use home heating oil, propane, 

17 and kerosene. 

18 (2) DISTRIBUTION OF FUNDS.—The Secretary 

19 shall distribute funds under paragraph (1) among 

20 the States based on the relative amount of funds col21 lected in each State under the National Oilheat Re22 search Alliance Act of 2000 (42 U.S.C. 6201 note; 

23 Public Law 106–469) and the Propane Education 

24 and Research Act of 1996 (15 U.S.C. 6401 et seq.). 

25 (c) USE OF PROCEEDS.— 


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1 (1) IN GENERAL.—A State shall use the 

2 amounts distributed under subsection (b)(2) to carry 

3 out cost-effective energy efficiency programs for con4 sumers that use home heating oil, propane, or ker5 osene for residential or commercial purposes. 

6 (2) ADMINISTRATION AND DELIVERY MECHA7 NISMS.—In administering a program under this sec8 tion, a State shall— 

9 (A) to the maximum extent practicable, de10 liver efficiency programs through, or integrated 

11 with, existing energy efficiency programs super12 vised by the State, including, as appropriate, 

13 energy efficiency programs administered by par14 ties other than the State; 

15 (B) to the maximum extent practicable, co16 ordinate the administration and delivery of en17 ergy efficiency programs supported under this 

18 section, among other such programs and with 

19 existing programs for various fuel types, to de20 liver comprehensive, fuel-blind, coordinated pro21 grams to consumers; 

22 (C) ensure that funding provided under 

23 this section does not displace or substitute for 

24 existing or alternative sources of funding for 

25 energy efficiency programs; 


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1 (D) taking into account subparagraphs (A) 

2 through (C), designate 1 or more energy effi3 ciency program administrators for cost-effective 

4 home heating oil, propane, and kerosene effi5 ciency programs; 

6 (E) designate an existing, or establish a 

7 new, stakeholder oversight council or equivalent 

8 to review efficiency program designs and effi9 ciency program cost-effectiveness and make rec10 ommendation for improvement and ensure co11 ordination between efficiency programs for 

12 other fuels such as electricity and natural gas; 

13 (F) establish methodologies and processes 

14 for the manner by which efficiency programs 

15 are developed, administered, reviewed, and ap16 proved in the State and report to the Secretary 

17 annually on the methodologies and processes 

18 used to develop, administer, review, and ap19 prove home heating oil, propane, and kerosene 

20 programs; and 

21 (G) ensure that evaluation, monitoring, 

22 and verification of the efficiency programs are 

23 conducted by an independent third-party annu24 ally with reporting to the States, public, and 

25 the Secretary. 


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1 (d) REPORTS.— 

2 (1) STATE.—Not later than April 30 of each 

3 year, each State that receives funds under this sec4 tion shall submit to the Secretary a report for the 

5 previous calendar year in accordance with such re6 quirements as the Secretary may prescribe that— 

7 (A) describes the use by the State of funds 

8 provided by this section, including a description 

9 of the cost-effective energy efficiency programs 

10 funded; 

11 (B) demonstrates the consumer savings, 

12 cost-effectiveness of, and the lifetime and an13 nual energy savings achieved by, energy effi14 ciency programs funded under this section; and 

15 (C) includes a report prepared by an inde16 pendent third party, in accordance with such 

17 regulations as the Secretary may issue, evalu18 ating the performance of the cost-effective en19 ergy efficiency programs funded under this sec20 tion, including consumer savings, cost-effective21 ness of, and the lifetime and annual energy sav22 ings of the efficiency programs. 

23 (2) SECRETARY.— 

24 (A) IN GENERAL.—Not later than April 

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1 retary shall submit to Congress a report con2 taining— 

3 (i) an evaluation of the consumer sav4 ings, cost-effectiveness of, and the lifetime 

5 and annual energy savings achieved by, en6 ergy efficiency programs funded under this 

7 section; and 

8 (ii) recommendations for means of 

9 more effectively achieving consumer sav10 ings, cost-effectiveness, and lifetime and 

11 annual energy savings through efficiency 

12 programs for home heating oil, propane, 

13 and kerosene consumer for residential or 

14 commercial purposes. 

15 (B) PUBLICATION.—The Secretary shall 

16 make the reports submitted under subpara17 graph (A) available to the public, including by 

18 publishing the reports on the Internet. 

19 (e) ENFORCEMENT.—If the Secretary determines 

20 that a State is not in compliance with this section, the 

21 Secretary may distribute funds that would have been dis22 tributed to the State under subsection (b)2) among the 

23 remaining States, on a pro rata basis, for use in carrying 

24 out programs under this section. 


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1 SEC. 602. RENEWABLE BIOMASS THERMAL ENERGY FOR 

2 COMMERCIAL BUILDINGS. 

3 (a) DEFINITIONS.—In this section: 

4 (1) COMMERCIAL BUILDING.— 

5 (A) IN GENERAL.—The term ‘‘commercial 

6 building’’ means a building that— 

7 (i) is located in the United States; 

8 and 

9 (ii) was in existence or initially de10 signed as of December 31, 2009. 

11 (B) EXCLUSIONS.—The term ‘‘commercial 

12 building’’ does not include— 

13 (i) a federally owned building; or 

14 (ii) a residential building. 

15 (2) ELIGIBLE BUILDING.—The term ‘‘eligible 

16 building’’ means a commercial building or multi17 family residential building that uses (or, if under de18 velopment but not yet constructed, is designed to 

19 consume) heating oil or another petroleum product 

20 as the primary thermal energy source of the build21 ing. 

22 (3) MULTIFAMILY RESIDENTIAL BUILDING.— 

23 (A) IN GENERAL.—The term ‘‘multifamily 

24 residential building’’ means a structure of 5 or 

25 more dwelling units that— 


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1 (i) is located in the United States; 

2 and 

3 (ii) was in existence or initially de4 signed as of December 31, 2009. 

5 (B) EXCLUSION.—The term ‘‘multifamily 

6 residential building’’ does not include a feder7 ally owned building. 

8 (4) PROGRAM.—The term ‘‘program’’ means 

9 the renewable biomass thermal energy loan program 

10 established under this section. 

11 (5) QUALIFIED BOILER.—The term ‘‘qualified 

12 boiler’’ means a wood or wood-pellet fired boiler or 

13 furnace that— 

14 (A) has a capacity of not less than 

15 300,000 Btu per hour; and 

16 (B) meets or exceeds 60 percent total sys17 tem efficiency based on lower heating value. 

18 (6) QUALIFIED PROGRAM DELIVERY ENTITY.— 

19 The term ‘‘qualified program delivery entity’’ means 

20 a State, political subdivision of a State, tribal gov21 ernment, energy utility, natural gas utility, nonprofit 

22 or community-based organization, energy service 

23 company, retailer, or any other qualified entity 

24 that— 


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1 (A) meets the eligibility requirements of 

2 this section; and 

3 (B) is approved by the State that admin4 isters the program in the State. 

5 (7) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Energy. 

7 (b) ESTABLISHMENT.—The Secretary shall establish 

8 a renewable biomass thermal energy loan program under 

9 which the Secretary shall make grants to States to support 

10 financial assistance provided by qualified program delivery 

11 entities for replacing, in eligible buildings, thermal energy 

12 systems that use heating oil or another petroleum product 

13 in qualified boilers. 

14 (c) ELIGIBILITY OF QUALIFIED PROGRAM DELIVERY

15 ENTITIES.—To be eligible to participate in the program, 

16 a qualified program delivery entity— 

17 (1) shall offer a financing product under which 

18 eligible participants may pay over time for the cost 

19 to the owner of an eligible building (after all applica20 ble Federal, State, local, and other rebates or incen21 tives are applied) of replacing or redesigning a ther22 mal energy system that uses heating oil or another 

23 petroleum product with a qualified boiler; 

24 (2) shall offer an incentive or other strategy for 

25 encouraging the owner of an eligible building to 


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1 make energy efficiency improvements to the thermal 

2 energy delivery system of an eligible building at the 

3 same time as a qualified boiler is installed; 

4 (3) shall establish standard underwriting cri5 teria to determine the eligibility of program appli6 cants, which criteria shall be consistent with com7 mercially recognized best practices applicable to the 

8 form of financial assistance being provided (as deter9 mined by the designated entity administering the 

10 program in the State); and 

11 (4) may establish and offer financing mecha12 nisms to pool the needs of multiple eligible buildings 

13 into a single finance package in order to lower trans14 actions costs and enable projects in small or low-in15 come municipalities to participate in the program. 

16 (d) ALLOCATION.—In making funds available to 

17 States for each fiscal year under this section, the Sec18 retary shall use the formula used to allocate funds to 

19 States to carry out State energy conservation plans estab20 lished under part D of title III of the Energy Policy and 

21 Conservation Act (42 U.S.C. 6321 et seq.). 

22 (e) QUALIFIED PROGRAM DELIVERY ENTITIES.—Be23 fore making a grant to a State under this section, the Sec24 retary shall require the Governor of the State to provide 

25 to the Secretary a letter of assurance that the State— 


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1 (1) has 1 or more qualified program delivery 

2 entities that meet the requirements of this section; 

3 (2) has established a loan program mechanism 

4 that incorporates an effective repayment mechanism, 

5 which may include— 

6 (A) on-utility-bill repayment; 

7 (B) tax assessment or other form of prop8 erty assessment financing; 

9 (C) municipal service charges; 

10 (D) energy or energy efficiency services 

11 contracts; or 

12 (E) alternative contractual repayment 

13 mechanisms that have been demonstrated to 

14 have appropriate risk mitigation features; and 

15 (3) will provide, in a timely manner, all infor16 mation regarding the administration of the program 

17 as the Secretary may require to permit the Secretary 

18 to meet the reporting requirements of subsection (h). 

19 (f) USE OF GRANT FUNDS.—Grant funds made 

20 available to States under the program may be used to sup21 port financing products offered by qualified program deliv22 ery entities to eligible participants, by providing— 

23 (1) interest rate reductions; 

24 (2) loan loss reserves or other forms of credit 

25 enhancement; 


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1 (3) revolving loan funds from which qualified 

2 program delivery entities may offer direct loans; 

3 (4) other debt instruments or financial products 

4 necessary— 

5 (A) to maximize leverage provided through 

6 available funds; and 

7 (B) to support widespread deployment of 

8 qualified boilers; and 

9 (5) technical assistance delivered for nonprofit 

10 or community based organizations and local govern11 ments in economically distressed counties, on financ12 ing options or project development and design of13 fered to eligible entities, particularly eligible entities 

14 located in low-income communities, HUB zones, or 

15 other Federal designations aimed at increasing the 

16 participation and benefit from Federal programs of 

17 underserved or low-income communities. 

18 (g) USE OF REPAYMENT FUNDS.—In the case of a 

19 revolving loan fund established by a State described in 

20 subsection (f)(3), a qualified program delivery entity may 

21 use funds repaid by eligible participants under the pro22 gram to provide financial assistance for additional eligible 

23 participants to make improvements described in sub24 section (b) in a manner that is consistent with this section 

25 or other such criteria as are prescribed by the State. 


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1 (h) PROGRAM EVALUATION.—Not later than 180 

2 days after the date of enactment of this Act, the Secretary 

3 shall submit to Congress a program evaluation that de4 scribes— 

5 (1) how many eligible participants have partici6 pated in the program; 

7 (2) how many jobs have been created through 

8 the program, directly and indirectly; 

9 (3) what steps could be taken to promote fur10 ther deployment of qualified boilers; 

11 (4) the quantity of verifiable energy savings, re12 newable energy deployment, eligible building owner 

13 energy bill savings, and other benefits of the pro14 gram; and 

15 (5) the performance of the programs carried 

16 out by qualified program delivery entities under this 

17 section, including information on the rate of default 

18 and repayment. 

19 TITLE VII—AUTHORIZATION OF 

20 APPROPRIATIONS 

21 SEC. 701. AUTHORIZATION OF APPROPRIATIONS. 

22 There are authorized to be appropriated to carry out 

23 this Act and the amendments made by this Act such sums 


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1 as are necessary for each of fiscal years 2011 through 

2 2020. 

Æ 


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